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05.23.11
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, May 23, 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 Proclamations and Public Announcements (III) City Manager Public Announcements and Presentations Memorial Day Trash Collection Schedule (IV) Communications: City Clerk (V) Citizen Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for citizen comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name, address and the agenda item or topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Citizen Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Citizen Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during Citizen Comment. Citizen comment is intended to foster dialogue in a respectful and civil manner. Citizen comments are requested to be made with these guidelines in mind. (VI) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Wilson Human Services - Alderman Tendam Page 1 of 469 City Council Agenda May 23, 2011 Page 2 of 8 5/18/2011 5:03 PM (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of May 9, 2011 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 5/8/11 $2,488,528.91 (A2) City of Evanston Bills FY2011 through 5/24/11 $2,979,024.98 (A3.1) Approval of Contract Award for the Management and Operation of Three (3) Downtown Parking Facilities to Central Parking System (RFP 11-66) Staff recommends contract award to Central Parking System (CPS) (1 N. LaSalle, Suite 1650, Chicago, IL) to manage and operate the Sherman Plaza, Maple Avenue and Church Street parking facilities. The contract term is for an initial 2-year and 8 month period beginning May 1, 2011 and terminating December 31, 2013 with two optional 1-year renewals, for a not-to-exceed cost of $1,007,099 for the first eight (8) months of the contract, $1,511,299 for year two (2) and $1,545,977 for year three (3). Funding is provided by the Parking Fund. For Action (A3.2) Approval of Contract for Meter Transmission Units Purchase to Water Resources Inc. (Bid 12-24) Staff recommends City Council approval of a two-year contract in response to Bid 12-24 for Meter Transmission Units Purchase to Water Resources Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $58,000. Funding for the contract will be from the Water Fund. In FY 2011, funding is in the amount of $25,100. In FY 2012, funding will be provided in the amount of $32,900. For Action Page 2 of 469 City Council Agenda May 23, 2011 Page 3 of 8 5/18/2011 5:03 PM (A3.3)Approval of a One-month Extension to the City’s Current Electricity Supply Agreement with MidAmerican Energy Company and Approval of an Electricity Supply Agreement for 23 City Owned Facilities based on Bids to Be Received on May 23, 2011 (RFP 12-23) Staff recommends approval of a one-month extension to the City’s current Electricity Supply Agreement with MidAmerican Energy Company (4299 NW Urbandale Drive, Urbandale, IA) and approval of an Electricity Supply Agreement with the low, responsive and responsible proposer to RFP 12-23 to supply electrical energy to twenty-three (23) City owned facilities beginning July 1, 2011. The low responsive and responsible proposer will be determined upon receipt of pricing on the morning on May 23, 2011 which will then be presented to Administration and Public Works Committee that night. For Action (A3.4) Approval of Professional Services Contract to Behles + Behles for Service Center Locker Room Renovation Project (RFP 12-14) Recommend award of design services for the Service Center Locker Room Renovation Project to Behles + Behles (818 Church Street, Evanston, IL) at a total cost of $40,200. Funding is provided by FY 2011 CIP Account #415227 with a total allocation of $37,500 and anticipated FY2012 CIP funding of $2,700. For Action (A3.5) Approval of a Sole Source Purchase for the BAS Upgrade Project at the Evanston Service Center Staff recommends approval of a sole source purchase of Andover brand Building Automation System (BAS) controls from Schneider Electric (17475 Palmer Blvd, Homewood, IL) for the BAS Upgrade Project at the Evanston Service Center in the amount of $97,000. Funding is provided by CIP Account #415228 with a total allocation of $100,000. For Action (A3.6) Approval of Contract Award Recommendation to NES, Inc. for the Abatement and Disposal of Asbestos Containing Material at the Lorraine H. Morton Civic Center (Bid 12-18) Staff recommends approval of the abatement and disposal of asbestos containing material at the Lorraine H. Morton Civic Center to NES, Inc. (19015 Jodi Road., Unit B, Mokena, IL), in the amount of $44,000. Funding is provided by CIP Account # 415175.65510 with a total allocation of $450,000. For Action (A3.7) Approval of Contract with Nels Johnson Tree Experts, Inc. for the 2011 Dutch Elm Disease Control Program (Bid 12-28) Staff recommends approval of a contract in the amount of $697,305 with Nels Johnson Tree Experts, Inc. (NJTE) (912 Pitner Avenue, Evanston, IL) for the 2011 Dutch Elm Disease Control Program. Funding for this contract will come from the General Fund (3535.62496) in the amount of $216,400 and Reserve funds from previous years (100.41332) in the amount of $513,216. For Action Page 3 of 469 City Council Agenda May 23, 2011 Page 4 of 8 5/18/2011 5:03 PM (A3.8) Approval of Contract with Morton Salt for Purchase of Rock Salt (Bid 12-22) Staff recommends City Council approval of a contract for the purchase of up to 7000 tons of rock salt to Morton Salt (123 N. Wacker Drive, Chicago, IL) for a winter season total of $419, 490. Funding for this purchase will be from the Snow and Ice Control Fund, 2680.65015. Funding is to be split between FY 2011 ($200,000) and FY2012 ($219,490). For Action (A3.9) Approval of Annual Harley Davidson Lease Agreement for the Evanston Police Department The staff of the Fleet Services Division of the Public Works Department and Police Department recommend City Council approval for the City Manager to sign a one (1) year lease agreement with Chicago Harley Davidson Inc. (2929 Patriot Boulevard in Glenview, IL) in the amount of $23,940 for the period of June 1, 2011 to June 1, 2012 for seven (7) leased Harley Davidson motorcycles. Funding is provided by Fleet Capital Outlay, Vehicle Lease Charges (7720.62402) with a budgeted amount of $25,000 for this lease expense. For Action (A3.10)Approval of Contract with Carl Walker, Inc. for Design Engineering Services for Emergency Repair of Service Center Parking Deck Staff recommends approval of the contract for Parking Deck Restoration Design Engineering Services to Carl Walker, Inc. (1920 South Highland Avenue, Suite 210, Lombard, IL) to facilitate the emergency repair of the Evanston Municipal Service Center, Building D, parking deck. Funding for this work will come from the CIP Fund “Service Center Parking Deck Repairs” (415224) in the amount of $44,300. The budgeted amount is $50,000. For Action (A3.11)Approval of Single Source Purchase of Library Automation Services from Cooperative Computer Services Staff recommends approval of the single source purchase of library automation services from Cooperative Computer Services (CCS) (3355J N. Arlington Heights Rd., Arlington Heights, IL) in the amount of $82,613.74. This is a 1.7% decrease over last year on an annualized basis. Funding in the amount of $78,053 will be from the Library’s Technical Services Computer Licenses and Support account (2835.62340) and $4,560.74 from the Adult Services Computer Licenses and Support account (2806.62340). The City Council approved an intergovernmental agreement with Cooperative Computer Services for the provision of library automation services in 2005. For Action Page 4 of 469 City Council Agenda May 23, 2011 Page 5 of 8 5/18/2011 5:03 PM (A4) Resolution 32-R-11: Authorizing the City Manager to Execute a Five (5) Year Lease Allowing Continued Use of Parking Lot 38 Located 1016 Grove Street Staff recommends City Council approval of Resolution 32-R-10 authorizing the City Manager to enter a five (5) year lease allowing continued use of City Parking Lot 38 located at 1016 Grove Street. Lease will be with the Young Men’s Christian Association (YMCA) located 1000 Grove Street, Evanston, IL 60201. Funding for the lease will be provided by the Parking Fund, Account 7015.62375. For Action (A5) Resolution 28-R-11: Authorizing Lease of First Floor Civic Center Office Space to the League of Women Voters of Evanston Staff recommends approval of Resolution 28-R-11 which authorizes a new one- year lease for first floor office space with the League of Women Voters of Evanston from June 1, 2011 to May 31, 2012 with a rent increase of 3% from $208.00 per month to $214.00 per month. For Action (A6) Resolution 33-R-11: Authorizing the Open Space Lands Acquisition and Development (OSLAD) Grant Application for the Centennial Park Lagoon Staff recommends approval of Resolution 33-R-11 which authorizes the City Manager to sign the Resolution of Authorization for the Open Space Lands Acquisition and Development (OSLAD) grant application through the Illinois Department of Natural Resources for the Centennial Park Lagoon Renovation Project. The program operates on a reimbursement basis providing up to 50% assistance for approved project costs. A private donor has offered a $500,000 donation in support of this project. The OSLAD grant application will request a maximum grant award of $400,000. A commitment of $100,000 in Capital Improvement Program (CIP) funding through the pending FY 2012 budget will also be required For Action (A7) Ordinance 28-O-11 Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends approval of Ordinance 28-O-11 authorizing the City to borrow funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program. Loan funds will be used for the construction of the Large Diameter Sewer Rehabilitation Phase I project. This ordinance authorizes the City to borrow up to $4,000,000. The debt service will be paid from the Sewer Fund. Staff has attached a revised long-term funding analysis that includes this loan and the debt service for repayment. For Introduction Page 5 of 469 City Council Agenda May 23, 2011 Page 6 of 8 5/18/2011 5:03 PM (A8) Ordinance 47-O-11: Provisionally Adopting, Enacting and Re-enacting Titles 1, 2, and 11 of the Evanston City Code Staff submits for review and consideration adoption of Ordinance 47-O-11 provisionally amending the following Titles to the Evanston City Code: 1) Title 1, General Administration; 2) Title 2, Boards and Commissions; and 3) Title 11, Administrative Adjudication. For Introduction (A9) Ordinance 32-O-11: Authorizing an Amendment to the Real Estate Sales Contract for Sale of City Owned Property in the 700 Block of Chicago Avenue to Evanston Devco, LLC (AMLI Residential) Staff recommends approval of Ordinance 32-O-11, which includes the reduced sale price of $770,085 for the City property on the 700 block of Chicago Avenue due to current market conditions and the substantial change in property valuation. AMLI anticipates proceeding with construction in 2011 subject to final private financing approval. AMLI has been pursuing plan reviews by multiple City departments in the past 90 days. This Ordinance was introduced at the May 9, 2011 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 39-O11, Granting a Special Use for a Resale Establishment at 1610 Maple Street in the D3 Downtown Core Development District Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of Ordinance 39-O-11, granting a special use permit for the operation of a Resale Establishment with certain conditions at 1610 Maple Avenue. The proposed business meets all special use standards as identified in the attached ZBA findings letter and complies with the General Plan that designates this area as the Central Business District, as identified in the staff report to the Zoning Board of Appeals. For Introduction (P2) Ordinance 46-O-01, Granting a Special Use Permit For The Planned Development Proposed at 1915-1919 Grey Avenue Plan Commission and City staff recommend the adoption of Ordinance 46-O-01, granting a special use permit for the planned development proposed at 1915- 1919 Grey Avenue. This proposed development will stimulate neighborhood revitalization and provide 6 units of affordable housing, four units of new construction and two rehabilitated units as part of Neighborhood Stabilization Program 2 (NSP2). The applicant requests to exceed development allowances to build a 4 unit multi-family structure on the property and to allow the new residential building to stand 9’ 4 ½” from the existing residential structure. This development allowance requires a 2/3 approving vote from the City Council. For Introduction Page 6 of 469 City Council Agenda May 23, 2011 Page 7 of 8 5/18/2011 5:03 PM (P3) Ordinance 53-O-11: Amending Various Portions of the Green Building Ordinance Staff recommends passage of Ordinance 53-O-11, amending various portions of the Green Building Ordinance, Title 5, Chapter 24 of the City of Evanston Code of 1979. This amendment provides for an appendix to address Evanston Sustainable Building Measures for New Construction which is part of an option for compliance with the City’s goal of green building design for buildings ten thousand square feet (10,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.) For Introduction HUMAN SERVICES COMMITTEE (H1) Ordinance 34-O-11: Farmers’ Market Ordinance Amendments Staff recommends approval of Ordinance 34-O-11 Amending Chapter 25, “Farmers’ Market,” of Title 3, “Business Regulations,” of the Evanston City Code, Related to the Regulation of Farmers’ Markets. The Human Services Committee reviewed and approved the changes to the ordinance on Monday, May 2, 2011. This ordinance was introduced at the May 9, 2011 City Council meeting at which time information was requested from the Health Department regarding food sanitation guidelines. For Action OTHER COMMITTEES (O1) Resolution 34-R-11, Amending City Council Rule 16.5 Rules Committee recommends adoption of Agenda Item (O1) Resolution 34-R- 11 and Agenda Item (O2) Ordinance 36-O-11. Title, 1, Chapter 5, Section 3(A) of the Evanston City Code and City Council Rule 16.5 currently state that the City Council meetings shall be held semi monthly or twice a month, respectively. On May 2, 2011, the Rules Committee met and considered an amendment to the Evanston City Code and City Council Rule noted above. The Rules Committee recommends that the City Council meetings be held three times a month. For Action (O2) Ordinance 36-O-11, Amending Evanston City Code, 1-5-3(A) Rules Committee recommends adoption of Agenda Item (O1) Resolution 34-R- 11 and Agenda Item (O2) Ordinance 36-O-11. Title, 1, Chapter 5, Section 3(A) of the Evanston City Code and City Council Rule 16.5 currently state that the City Council meetings shall be held semi monthly or twice a month, respectively. On May 2, 2011, the Rules Committee met and considered an amendment to the Evanston City Code and City Council Rule noted above. The Rules Committee recommends that the City Council meetings be held three times a month. For Introduction Page 7 of 469 City Council Agenda May 23, 2011 Page 8 of 8 5/18/2011 5:03 PM (O3) Consolidated Annual Performance and Evaluation Report 2009/10 The Housing and Community Development Act Committee and staff recommend approval of the City’s Consolidated Annual Performance and Evaluation Report (CAPER) regarding the City’s Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs for 2010/11. The CAPER must be submitted to the Chicago Field office of the U.S. Department of Housing and Urban Development by May 31, 2010. For Action APPONTMENTS Firefighters Pension Board Joe Romano M/W/EBE Development Committee Schona Buranda West Oakton Development Committee Allan Spear MEETINGS SCHEDULED THROUGH MAY 2011 Upcoming Aldermanic Committee Meetings: Tuesday, May 24 7 pm Community Meeting: Disposable Bags Wednesday, May 25 6 pm Transportation/Parking Committee Wednesday, May 25 7:30 pm Economic Development Committee Thursday, May 26 5:30 pm Emergency Telephone System Board -------------------------------------------------------------------------------------------------------------------------------------------- Information is available about Evanston City Council meetings at: http://www.cityofevanston.org/government/agendas-minutes/agendas-minutes---city-council/index.php. 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 this City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. Page 8 of 469 CITY COUNCIL MINUTES May 9, 2011 ROLL CALL – PRESENT: Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Braithwaite Alderman Grover Alderman Wynne ABSENT: Alderman Tendam A quorum was present. PRESIDING: Mayor Elizabeth B. Tisdahl The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Tisdahl on Monday, May 9, 2011 at 7:35 p.m. in the Council Chamber. Alderman Fiske joined the meeting in progress. City Manager’s Announcements: None City Clerk’s Announcements: None Citizen Comment: Mr. Dan Shapiro, 55 E. Monroe, Chicago spoke briefly on the subject of the establishment at 555 Howard. Ms. Padma Rao of Sherman Ave. expressed her concerns regarding the Kendall sub- division and the destruction of trees. Mayor’s Proclamations Mayor Tisdahl presented the key to the City to Ray Klinginsmith, who took office of president of Rotary International on July 1, 2010. She then presented an Evanston Extraordinary Service Award to retiring Rotary general secretary Ed Futa. Mayor Tisdahl proclaimed May 2011 as National Preservation Month and announced that May 11 would be Evanston Police Appreciation Day. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of April 25, 2011 Page 9 of 469 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 4/24/11 $2,467,845.34 (A2) City of Evanston Bills FY2011 through 5/10/11 $2,267,675.59 City of Evanston Credit Card Bills through 3/31/11 $ 119,392.78 (A3.1) Approval of Renewal Agreement with Open Kitchens Inc. for the 2011 Summer Food Service Program (Bid 11-01) Staff recommends City Council approval of the renewal agreement for the 2011 Summer Food Service Program to Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-to-exceed amount of $2.3197 per lunch. $78,000 is budgeted in business unit 3050 for the cost of the lunches. This is a reimbursement program in which the total amount of reimbursement the City will receive is dependent upon the number of lunches served and varies depending on the levels of participation. The current rate of reimbursement set by the Federal Government is $3.23 per lunch served. For Action (A3.2) Approval of Contract Award Recommendation to J. Gill and Company for the 2011 Parking Lot 60 Repair Project (Bid 11-64) Staff recommends approval of the 2011 Parking Lot 60 Repair Project to J. Gill and Company (236 E. 161st Place, Suite A, South Holland, IL) in the amount of $76,020. Funding will be provided by Capital Improvement Program Account # 415896 with a budget of $96,000. For Action (A3.3) Approval of Contract Award Recommendation to G.A. Johnson & Son for the 2011 Sherman Plaza Garage Gap Repair Project (Bid 12-09) Staff recommends approval of the 2011 Sherman Plaza Parking Garage Gap Repair Project to G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $76,330. Funding will be provided by Capital Improvement Program Account # 416138 with a budget of $2,100,000. For Action (A3.4) Approval of Contract Award to Arrow Road Construction Company for the Dodge Avenue Resurfacing Project (Bid 12-16) Staff recommends City Council approval of a contract award for the Dodge Avenue Resurfacing Project (Oakton Street to Lee Street) to Arrow Road Construction Company (3401 S. Busse Road, Mount Prospect, IL) in the amount of $697,435.65. Funding for this work will be provided by the Motor Fuel Tax Fund ($300,000; Fund # 200) and the CIP Fund ($397,435.65; Fund # 415857). For Action Page 10 of 469 (A3.5) Approval of Contract Agreement for Evanston Water Utility Supervisory Control and Data Acquisition System (SCADA) Upgrades to Allan Integrated Control Systems, Inc. (RFP 11-42) Staff recommends City Council approval of an agreement to provide design-build services for the Evanston Water Utility’s Supervisory Control and Data Acquisition System Upgrades (SCADA) to Allan Integrated Control Systems, Inc. (2021 Beulah Avenue, East Troy, WI) in the not-to-exceed amount of $1,649,642. Funding will be provided from two sources. The City has applied for a grant from the Illinois Department of Commerce and Economic Opportunity (IL DCEO) in the amount of the $350,000. The Water Fund, Account 733078, will provide the remainder of the funding in the amount of $1,299,642. For Action (A4) Resolution 26-R-11 Authorizing the Lease of the Computer Lab in Main Library to Workforce Board of Northern Cook County Staff recommends City Council approval of Resolution 26-R-11 authorizing the lease agreement by and between the City of Evanston and Workforce Board of Northern Cook County, a non-profit corporation for the lease of a computer lab in the Main Library. The lease will be for a one-year term (May 15, 2011 through May 14, 2012) and leased at a rental rate of $17,400/per year. For Action (A5) Resolution 30-R-11 Authorizing the Lease of Office Space in Main Library to Foundation65 Staff recommends City Council approval of Resolution 30-R-11 authorizing the execution of a lease agreement by and between the City of Evanston and Foundation65, a non-profit corporation for office space in the Main Library. The lease will be for a three year term (May 15, 2011 through May 14, 2014) and leased at a rental rate of $5,000/per year ($416.67/per month). For Action (A6) Ordinance 32-O-11: Authorizing an Amendment to the Real Estate Sales Contract for Sale of City Owned Property in the 700 Block of Chicago Avenue to Evanston Devco, LLC (AMLI Residential) Staff recommends approval of Ordinance 32-O-11, which includes the reduced sale price of $770,085 for the City property on the 700 block of Chicago Avenue due to current market conditions and the substantial change in property valuation. AMLI anticipates proceeding with construction in 2011 subject to final private financing approval. AMLI has been pursuing plan reviews by multiple City departments in the past 90 days. For Introduction (A7) Ordinance 27-O-11: Authorizing the Sale of Surplus Fleet Vehicles Staff recommends City Council authorization that various vehicles and equipment owned by the city listed below can be publicly offered for sale through public auction based on Ordinance 27-O-11. The vehicles and equipment are presently out of service, having been assigned previously to various divisions/departments within the City of Evanston. The auctions are through Obenauf Auctioneers Service, 118 North Page 11 of 469 Orchard, Round Lake, Illinois. This ordinance was introduced at the April 25, 2011, City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Approval of Sidewalk Café for Royin Sushi Bar, 1930 Central St Health Department staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Royin Sushi Bar, a Type 1 Restaurant with no liquor license, located at 1930 Central Street and operated under owner Red Maki Inc. For Action (P2) Approval of Sidewalk Café for Casteel Coffee, 2924 Central St Health Department staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Casteel Coffee, a Type 2 Restaurant with no liquor license, located at 2924 Central Street and operated under owner Rubiaceous, Inc. The applicant is asking that City Council waive the requirement that flatware, dishware and beverage containers be reusable. For Action (P3) Approval of Sidewalk Café for Other Brother Coffeehouse, 1549 Sherman Ave Health Department staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Other Brother Coffeehouse, a Type 2 Restaurant with no liquor license, located at 1549 Sherman Avenue and operated under owner K2 Coffeehouse, Inc. The applicant is asking that City Council waive the requirement that flatware, dishware and beverage containers be reusable. For Action (P4) Ordinance 31-O-11: Amending Section 4-13-1 of the City Code, “Approval of Plats” Staff recommends approval of amendments to the City Code associated with the City Council’s approval of subdivision of plats. City Council had requested staff to investigate revisions to the City Code (1963) to insure that all plat approvals conform with all applicable ordnances of the City, and to also be assured of the construction and sequencing of the infrastructure necessary to support the proposed subdivision. This ordinance was introduced at the April 25, 2011, City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Approval of Township of Evanston April 2011 Bills Township of Evanston Supervisor recommends City Council approval of the Township of Evanston bills, payroll, and medical payments for the month of April 2011 in the amount of $104,580.45. For Action Page 12 of 469 ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Evanston’s Great Merchants Grant Program The Economic Development Committee and staff recommend approval of the revised Neighborhood Business District Improvement Grant Program – renamed “Evanston’s Great Merchants Grant” for utilization in the annual allocation of funds for Evanston’s business districts. For the remainder of the 2011 fiscal year, funding is recommended to come from the Business District Improvement Fund (Account 5300.65522). In the 2012 Fiscal Year, the proposed funding would be from the Economic Development Fund. For Action Motion was made and seconded to approve Consent Agenda. It passed in roll call 8-0. ITEM FOR DISCUSSION (H2) Ordinance 34-O-11: Farmers’ Market Ordinance Amendments Staff recommends approval of Ordinance 34-O-11 Amending Chapter 25, “Farmers’ Market,” of Title 3, “Business Regulations,” of the Evanston City Code, Related to the Regulation of Farmers’ Markets. The Human Services Committee reviewed and approved the changes to the ordinance on Monday, May 2, 2011. For Action Item should be for Introduction, not Action. Alderman Grover, as acting chair of Human Services, moved for Introduction. It was seconded. After some discussion concerning health inspection fees, Council voted 8-0 to introduce this ordinance. Call of the Wards Ward 8 – Alderman Rainey: Brummel Park neighbors held a “beauty” contest for cleanup, etc. from Ridge to Clyde and Howard to the tracks. As the “impartial judge”, she declared that although any of the blocks could have won, the 100 block of Clyde was a standout. Ward 9 – Alderman Burrus: made a referral to A&PW to consider truck weight limits on Oakton east of Dodge and on Church St. Ward 1 – Alderman Fiske: No report Ward 2 – Alderman Braithwaite: the West End Business Association will sponsor a neighborhood celebration on May 20 and May 21 and Ward 2 will have a meet and greet on May 26. Detailed information is on the City’s website. Ward 3 – Alderman Wynne: Reference to staff regarding an addition being built to a house in the historic district. The addition did not require notice be given to the community. However, she would ask that when any type of addition is made to a structure in the historic district, notice be given to neighbors within 200 feet. She would also ask that the zoning department look at the zoning ordinance to perhaps urge a site review. Page 13 of 469 Ward 4 – Alderman Wilson: No report Ward 5 – Alderman Holmes: No report Ward 7 – Alderman Grover: congratulations and thanks to Don Baker, retiring executive director of Y.O.U. Also congratulations to Garrett Evangelical Theological Seminary. They will be re-dedicating one of their dormitories at the student center after renovating it to LEED certification. Motion was made and seconded to adjourn to executive session. Motion passed 8-0. Meeting adjourned at 8:20 p.m. Respectfully submitted by Elaine Autwell, Deputy City Clerk Page 14 of 469 Page 1 of 5 Rev. 5/18/2011 4:56:59 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, May 23, 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 May 9, 2011 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 5/8/11 $2,488,528.91 (A2) City of Evanston Bills FY2011 through 5/24/11 $2,979,024.98 (A3.1) Approval of Contract Award for the Management and Operation of Three (3) Downtown Parking Facilities to Central Parking System (RFP 11-66) Staff recommends contract award to Central Parking System (CPS) (1 N. LaSalle, Suite 1650, Chicago, IL) to manage and operate the Sherman Plaza, Maple Avenue and Church Street parking facilities. The contract term is for an initial 2-year and 8 month period beginning May 1, 2011 and terminating December 31, 2013 with two optional 1-year renewals, for a not-to-exceed cost of $1,007,099 for the first eight (8) months of the contract, $1,511,299 for year two (2) and $1,545,977 for year three (3). Funding is provided by the Parking Fund. For Action (A3.2) Approval of Contract for Meter Transmission Units Purchase to Water Resources Inc. (Bid 12-24) Staff recommends City Council approval of a two-year contract in response to Bid 12-24 for Meter Transmission Units Purchase to Water Resources Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $58,000. Funding for the contract will be from the Water Fund. In FY 2011, funding is in the amount of $25,100. In FY 2012, funding will be provided in the amount of $32,900. For Action Page 15 of 469 Page 2 of 5 Rev. 5/18/2011 4:56:59 PM (A3.3)Approval of a One-month Extension to the City’s Current Electricity Supply Agreement with MidAmerican Energy Company and Approval of an Electricity Supply Agreement for 23 City Owned Facilities based on Bids to Be Received on May 23, 2011 (RFP 12-23) Staff recommends approval of a one-month extension to the City’s current Electricity Supply Agreement with MidAmerican Energy Company (4299 NW Urbandale Drive, Urbandale, IA) and approval of an Electricity Supply Agreement with the low, responsive and responsible proposer to RFP 12-23 to supply electrical energy to twenty-three (23) City owned facilities beginning July 1, 2011. The low responsive and responsible proposer will be determined upon receipt of pricing on the morning on May 23, 2011 which will then be presented to Administration and Public Works Committee that night. For Action (A3.4) Approval of Professional Services Contract to Behles + Behles for Service Center Locker Room Renovation Project (RFP 12-14) Recommend award of design services for the Service Center Locker Room Renovation Project to Behles + Behles (818 Church Street, Evanston, IL) at a total cost of $40,200. Funding is provided by FY 2011 CIP Account #415227 with a total allocation of $37,500 and anticipated FY2012 CIP funding of $2,700. For Action (A3.5) Approval of a Sole Source Purchase for the BAS Upgrade Project at the Evanston Service Center Staff recommends approval of a sole source purchase of Andover brand Building Automation System (BAS) controls from Schneider Electric (17475 Palmer Blvd, Homewood, IL) for the BAS Upgrade Project at the Evanston Service Center in the amount of $97,000. Funding is provided by CIP Account #415228 with a total allocation of $100,000. For Action (A3.6) Approval of Contract Award Recommendation to NES, Inc. for the Abatement and Disposal of Asbestos Containing Material at the Lorraine H. Morton Civic Center (Bid 12-18) Staff recommends approval of the abatement and disposal of asbestos containing material at the Lorraine H. Morton Civic Center to NES, Inc. (19015 Jodi Road., Unit B, Mokena, IL), in the amount of $44,000. Funding is provided by CIP Account # 415175.65510 with a total allocation of $450,000. For Action (A3.7) Approval of Contract with Nels Johnson Tree Experts, Inc. for the 2011 Dutch Elm Disease Control Program (Bid 12-28) Staff recommends approval of a contract in the amount of $697,305 with Nels Johnson Tree Experts, Inc. (NJTE) (912 Pitner Avenue, Evanston, IL) for the 2011 Dutch Elm Disease Control Program. Funding for this contract will come from the General Fund (3535.62496) in the amount of $216,400 and Reserve funds from previous years (100.41332) in the amount of $513,216. For Action Page 16 of 469 Page 3 of 5 Rev. 5/18/2011 4:56:59 PM (A3.8) Approval of Contract with Morton Salt for Purchase of Rock Salt (Bid 12-22) Staff recommends City Council approval of a contract for the purchase of up to 7000 tons of rock salt to Morton Salt (123 N. Wacker Drive, Chicago, IL) for a winter season total of $419, 490. Funding for this purchase will be from the Snow and Ice Control Fund, 2680.65015. Funding is to be split between FY 2011 ($200,000) and FY2012 ($219,490). For Action (A3.9) Approval of Annual Harley Davidson Lease Agreement for the Evanston Police Department The staff of the Fleet Services Division of the Public Works Department and Police Department recommend City Council approval for the City Manager to sign a one (1) year lease agreement with Chicago Harley Davidson Inc. (2929 Patriot Boulevard in Glenview, IL) in the amount of $23,940 for the period of June 1, 2011 to June 1, 2012 for seven (7) leased Harley Davidson motorcycles. Funding is provided by Fleet Capital Outlay, Vehicle Lease Charges (7720.62402) with a budgeted amount of $25,000 for this lease expense. For Action (A3.10)Approval of Contract with Carl Walker, Inc. for Design Engineering Services for Emergency Repair of Service Center Parking Deck Staff recommends approval of the contract for Parking Deck Restoration Design Engineering Services to Carl Walker, Inc. (1920 South Highland Avenue, Suite 210, Lombard, IL) to facilitate the emergency repair of the Evanston Municipal Service Center, Building D, parking deck. Funding for this work will come from the CIP Fund “Service Center Parking Deck Repairs” (415224) in the amount of $44,300. The budgeted amount is $50,000. For Action (A3.11)Approval of Single Source Purchase of Library Automation Services from Cooperative Computer Services Staff recommends approval of the single source purchase of library automation services from Cooperative Computer Services (CCS) (3355J N. Arlington Heights Rd., Arlington Heights, IL) in the amount of $82,613.74. This is a 1.7% decrease over last year on an annualized basis. Funding in the amount of $78,053 will be from the Library’s Technical Services Computer Licenses and Support account (2835.62340) and $4,560.74 from the Adult Services Computer Licenses and Support account (2806.62340). The City Council approved an intergovernmental agreement with Cooperative Computer Services for the provision of library automation services in 2005. For Action Page 17 of 469 Page 4 of 5 Rev. 5/18/2011 4:56:59 PM (A4) Resolution 32-R-11: Authorizing the City Manager to Execute a Five (5) Year Lease Allowing Continued Use of Parking Lot 38 Located 1016 Grove Street Staff recommends City Council approval of Resolution 32-R-10 authorizing the City Manager to enter a five (5) year lease allowing continued use of City Parking Lot 38 located at 1016 Grove Street. Lease will be with the Young Men’s Christian Association (YMCA) located 1000 Grove Street, Evanston, IL 60201. Funding for the lease will be provided by the Parking Fund, Account 7015.62375. For Action (A5) Resolution 28-R-11: Authorizing Lease of First Floor Civic Center Office Space to the League of Women Voters of Evanston Staff recommends approval of Resolution 28-R-11 which authorizes a new one- year lease for first floor office space with the League of Women Voters of Evanston from June 1, 2011 to May 31, 2012 with a rent increase of 3% from $208.00 per month to $214.00 per month. For Action (A6) Resolution 33-R-11: Authorizing the Open Space Lands Acquisition and Development (OSLAD) Grant Application for the Centennial Park Lagoon Staff recommends approval of Resolution 33-R-11 which authorizes the City Manager to sign the Resolution of Authorization for the Open Space Lands Acquisition and Development (OSLAD) grant application through the Illinois Department of Natural Resources for the Centennial Park Lagoon Renovation Project. The program operates on a reimbursement basis providing up to 50% assistance for approved project costs. A private donor has offered a $500,000 donation in support of this project. The OSLAD grant application will request a maximum grant award of $400,000. A commitment of $100,000 in Capital Improvement Program (CIP) funding through the pending FY 2012 budget will also be required For Action (A7) Ordinance 28-O-11 Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends approval of Ordinance 28-O-11 authorizing the City to borrow funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program. Loan funds will be used for the construction of the Large Diameter Sewer Rehabilitation Phase I project. This ordinance authorizes the City to borrow up to $4,000,000. The debt service will be paid from the Sewer Fund. Staff has attached a revised long-term funding analysis that includes this loan and the debt service for repayment. For Introduction Page 18 of 469 Page 5 of 5 Rev. 5/18/2011 4:56:59 PM (A8) Ordinance 47-O-11: Provisionally Adopting, Enacting and Re-enacting Titles 1, 2, and 11 of the Evanston City Code Staff submits for review and consideration adoption of Ordinance 47-O-11 provisionally amending the following Titles to the Evanston City Code: 1) Title 1, General Administration; 2) Title 2, Boards and Commissions; and 3) Title 11, Administrative Adjudication. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 19 of 469 Final Page 1 of 5 Administration and Public Works MEETING MINUTES Administration & Public Works Monday, May 9, 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, Lara Biggs, Donald Cornelius, Dolores Cortez, Paul D’Agostino, Robert Dorneker, Joellen Earl, Chief Eddington, Grant Farrar, Doug Gaynor, Stephen Griffin, Curtis Hanawalt, , Jewell Jackson, Mary Johns, Marty Lyons, Joe McRae, Jeffrey Murphy, Sat Nagar, Suzette Robinson, Paul Schneider, David Stoneback, Rickey Voss Others Present: Stephen C. Ross – AMLI Residential Presiding Member: Alderman Holmes DECLARATION OF QUORUM With a quorum present, Chairman Holmes called the meeting to order at 5:53 P. M. APPROVAL OF MEETING MINUTES APRIL 25, 2011. It was moved by Ald. Burrus and seconded by Ald. Grover that the minutes of the April 25, 2011 meeting be approved. A voice vote was taken and the minutes were approved. NEW BUSINESS ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 4/24/11 $2,467,845.34 It was moved by Ald. Rainey and seconded by Ald. Burrus that the payroll of 4/24/11 be approved. A voice vote was taken and it was approved. (A2) City of Evanston Bills FY 2011 through 5/10/11 $2,267,675.59 City of Evanston Credit Card Bills through 3/31/11 $ 119,392.78 It was moved by Ald. Grover and seconded by Ald. Rainey that the Bills List of 05/10/11 and the Credit Card list of 03/13/11 be approved. A voice vote was taken and it was approved Page 20 of 469 Final Page 2 of 5 Administration and Public Works (A3.1) Approval of Renewal Agreement with Open Kitchens Inc. for the 2011 Summer Food Service Program (Bid 11-01) Staff recommends City Council approval of the renewal agreement for the 2011 Summer Food Service Program to Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-to-exceed amount of $2.3197 per lunch. $78,000 is budgeted in business unit 3050 for the cost of the lunches. This is a reimbursement program in which the total amount of reimbursement the City will receive is dependent upon the number of lunches served and varies depending on the levels of participation. The current rate of reimbursement set by the Federal Government is $3.23 per lunch served. Ald. Holmes noted there was a new site this year. The sites are Fleetwood- Jourdain, Robert Crown and Mason Park. Ald. Rainey asked if there is a difference between the number of meals served and attendance. Robert Dorneker (Recreation Supervisor) said the figure is meals served,. If attendance increases, more meals can be served and the reimbursement increases. The difference in figures is kept for administrative costs. Ald. Rainey asked for a list of sites and their hours of operation. It was moved by Ald. Rainey and seconded by Ald. Grover that A3.1 be approved. A voice vote was taken and it was approved. (A3.2) Approval of Contract Award Recommendation to J. Gill and Company for the 2011 Parking Lot 60 Repair Project (Bid 11-64) Staff recommends approval of the 2011 Parking Lot 60 Repair Project to J. Gill and Company (236 E. 161st Place, Suite A, South Holland, IL) in the amount of $76,020. Funding will be provided by Capital Improvement Program Account # 415896 with a budget of $96,000. Ald. Grover noted that two different membranes are referred to and asked if they are the same. Stefanie Levine (Assistant Superintendent of Parks, Recreation & Community Services) said they are and in answer to the question of how long they will last, she said they have a ten-year warranty. Rickey Voss (Manager Parking Systems) said that the work is for the lower level parking lot of the 1200 Chicago condominiums. The lot is 15 years old. It was moved by Ald. Burrus and seconded by Ald. Grover that A3.2 be approved. A voice vote was taken and it was approved. (A3.3) Approval of Contract Award Recommendation to G.A. Johnson & Son for the 2011 Sherman Plaza Garage Gap Repair Project (Bid 12-09) Staff recommends approval of the 2011 Sherman Plaza Parking Garage Gap Repair Project to G.A. Johnson & Son (828 Foster Street, Evanston, IL) in the amount of $76,330. Funding will be provided by Capital Improvement Program Account # 416138 with a budget of $2,100,000. It was moved by Ald. Burrus and seconded by Ald. Grover that A3.3 be approved. A voice vote was taken and it was approved. Page 21 of 469 Final Page 3 of 5 Administration and Public Works (A3.4) Approval of Contract Award to Arrow Road Construction Company for the Dodge Avenue Resurfacing Project (Bid 12-16) Staff recommends City Council approval of a contract award for the Dodge Avenue Resurfacing Project (Oakton Street to Lee Street) to Arrow Road Construction Company (3401 S. Busse Road, Mount Prospect, IL) in the amount of $697,435.65. Funding for this work will be provided by the Motor Fuel Tax Fund ($300,000; Fund # 200) and the CIP Fund ($397,435.65; Fund # 415857). It was moved by Ald. Burrus and seconded by Ald. Grover that A3.4 be approved. A voice vote was taken and it was approved. (A3.5) Approval of Contract Agreement for Evanston Water Utility Supervisory Control and Data Acquisition System (SCADA) Upgrades to Allan Integrated Control Systems, Inc. (RFP 11-42) Staff recommends City Council approval of an agreement to provide design-build services for the Evanston Water Utility’s Supervisory Control and Data Acquisition System Upgrades (SCADA) to Allan Integrated Control Systems, Inc. (2021 Beulah Avenue, East Troy, WI) in the not-to- exceed amount of $1,649,642. Funding will be provided from two sources. The City has applied for a grant from the Illinois Department of Commerce and Economic Opportunity (IL DCEO) in the amount of the $350,000. The Water Fund, Account 733078, will provide the remainder of the funding in the amount of $1,299,642. Ald. Rainey asked if the Utilities Department was confident that they would receive the grant. David Stoneback, (Utilities Director) said that they had just received the signed grant. It was moved by Ald. Burrus and seconded by Ald. Grover that A3.5 be approved. A voice vote was taken and it was approved. (A4) Resolution 26-R-11 Authorizing the Lease of the Computer Lab in Main Library to Workforce Board of Northern Cook County Staff recommends City Council approval of Resolution 26-R-11 authorizing the lease agreement by and between the City of Evanston and Workforce Board of Northern Cook County, a non-profit corporation for the lease of a computer lab in the Main Library. The lease will be for a one-year term (May 15, 2011 through May 14, 2012) and leased at a rental rate of $17,400/per year. Ald. Rainey asked how this might impact the citizens. Mary Johns (Library Director) stated that it would not impact the public. The computer lab is little used at present. Computers for the public are on the second and third floors. The Library uses the lab to teach computer usage classes, as will the Business and Career Services. Ald. Rainey asked if they would be provided an office. M. Johns said that yes, from 10 to 5, five days a week for two staff members. Ald. Rainey asked who paid for this and M. Johns replied Federal funds are part of the Workforce Board set up. Ald. Rainey asked if a lump sum payment was ever considered. M. Johns said it was not. Ald. Rainey expressed some concern about the lab not being utilized very much. M. Johns said that was a question she asked herself. The Library staff is always thinking of ways to use the lab. Ald. Rainey noted that every year there is a funding request for computer Page 22 of 469 Final Page 4 of 5 Administration and Public Works training. Thousands of dollars are given each year to groups. She closed saying she wished she had known that the lab was under utilized. It was moved by Ald. Burrus and seconded by Ald. Grover that A4 be approved. A voice vote was taken and it was approved. (A5) Resolution 30-R-11 Authorizing the Lease of Office Space in Main Library to Foundation65 Staff recommends City Council approval of Resolution 30-R-11 authorizing the execution of a lease agreement by and between the City of Evanston and Foundation65, a non-profit corporation for office space in the Main Library. The lease will be for a three year term (May 15, 2011 through May 14, 2014) and leased at a rental rate of $5,000/per year ($416.67/per month). Ald. Rainey asked if Foundation65 was looked into. Grant Farrar (Corporation Counsel/City Attorney) said that yes, they were vetted and Legal approved them. It was moved by Ald. Rainey and seconded by Ald. Burrus that A5 be approved. A voice vote was taken and it was approved. (A6) Ordinance 32-O-11: Authorizing an Amendment to the Real Estate Sales Contract for Sale of City Owned Property in the 700 Block of Chicago Avenue to Evanston Devco, LLC (AMLI Residential) Staff recommends approval of Ordinance 32-O-11, which includes the reduced sale price of $770,085 for the City property on the 700 block of Chicago Avenue due to current market conditions and the substantial change in property valuation. AMLI anticipates proceeding with construction in 2011 subject to final private financing approval. AMLI has been pursuing plan reviews by multiple City departments in the past 90 days. Ald. Grover asked Dennis Marino to fill in the committee with the background of this ordinance. Dennis Marino (Assistant Director Community and Economic Development) stated that this development has been in the works since 2008. There are three parcels involved of which one is City owned. The parcel was acquired by the City in 1982 and leased to a car dealership. There is no record of why the City purchased the land. Ald. Rainey recollected that it had been a City parking lot and D. Marino responded that there is no documentation to that effect. Ald. Grover asked if the decline in the appraised value was consistent with the area. D. Marino said it was but it depends on the location in the City. He mentioned that AMLI has agreed to purchase at the high end of the new appraisal. D. Marino also pointed out Exhibit D, Right of Reverter. Simply it states that the City has the right to reclaim the property if the developer does not proceed as documented. Ald. Rainey had two points to address: 1) She is aware that the neighbors are in full support and 2) she asked, how much did the City pay for this land. D. Marino did not have the figure but said he would find out and inform her. Ald. Holmes noted they are pursuing plans with many departments. She asked how close the City is to sealing the deal and is 2008 data being use. D. Marino said they are very optimistic at this time. He introduced Steven C. Ross, Executive Vice President, Development of AMLI Residential to talk about the plan. He agreed that like the City, his company is cautiously optimistic. We have been pursuing this project for several years. We closed on one parcel last week. Residential real estate is starting to grow. Next, Page 23 of 469 Final Page 5 of 5 Administration and Public Works we need to get plans and specs through the City and get a firm figure from the contractors. We feel we are four weeks away from submitting final plans. Ald. Burrus thanked him and his company for all the time they have spent in meeting with commissions and residents and adapting as they went along. S. Ross noted that it had been a busy four years. It was moved by Ald. Rainey and seconded by Ald. Grover that A6 be approved. A voice vote was taken and it was approved. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Grover motioned and Ald. Burrus seconded to adjourn. A voice vote was taken and the motion was approved at 6:15 p.m., May 9, 2011. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services Page 24 of 469 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: May 19, 2011 Recommended Action: Staff recommends approval of the city of Evanston Payroll and Bills List. Summary: Payroll – April 25, 2011 through May 8, 2011 $2,488,528.91 (Includes employer portion of IMRF, FICA, and Medicare) Bills List – May 24, 2011 $2,979,024.98 General Fund Amount – Bills list $452,661.64 General Fund Amount – Supplemental list $ 1,265.40 General Fund Total: $453,927.04 Attachments: Bills List For City Council meeting of May 23, 2011 Item #A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum Page 25 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21470 HAUSELMAN, RAPPIN & OLSWANG, L *REPLACES CHK 378929 318.46 100.13040 ILLINOIS PAPER COMPANY COE CIVIC CENTER OFFICE PAPER 2,982.00 100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS PAYMENT 771.00 100.10220 LOOKIS, KEVIN G PETTY CASH REIMB.177.43 100.13040 ILLINOIS PAPER COMPANY COE CIVIC CENTER OFFICE PAPER 263.00 4,511.89 1300 CITY COUNCIL 1300.62285 AARYNN/ALLYSSA TRUCKING CITY COUNCIL MAIL DELV.139.97 1300.62210 SIR SPEEDY PRINTING BUSIN. CARDS-ALD. BRAITHWAITE 19.66 1300.62360 CHICAGO METROPOLITAN AGENCY FO MEMBERSHIP DUES FY 2012 712.93 872.56 1400 CITY CLERK 1400.65080 INTERNATIONAL CODE COUNCIL IRC SOFTCOVER BOOKS 666.90 1400.62457 MUNICIPAL CODE CORPORATION SUPPLEMENT PAGES/GRAPHS 4,374.30 1400.62457 MUNICIPAL CODE CORPORATION 6 COPIES APRIL PAMPHLET 84.72 5,125.92 1505 CITY MANAGER 1505.62295 MORRISON ASSOC LTD TRAINING/TRAVEL CITY MANAGER 1,275.00 1505.65095 OFFICE DEPOT OFFICE SUPPLIES FOR 20.14 1505.62280 FEDERAL EXPRESS CORP.VIABILITY AWARD APPLICATION 26.10 1505.65010 PIONEER PRESS SUBSCRIPTION 40.00 1,361.24 1705 LEGAL ADMINISTRATION 1705.62345 FEDERAL EXPRESS CORP.SHIPPING 24.75 1705.62360 MASONCUP, MICHELLE L.CHICAGO BAR MEMBERSHIP DUES 167.00 1705.62130 LAW BULLETIN PUBLISHING COMPAN CASE 09 M2 HASKE/SERV. PROCESS 350.00 1705.65010 THOMSON WEST PUBLICATIONS 65.00 1705.65010 THOMSON WEST INFORMATION CHARGES 619.45 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 41.39 1705.65045 SECRETARY OF STATE 2701 SUSPENSION PROCESSING FEE 40.00 1705.65010 SULLIVAN'S LAW DIRECTORY LAW DIRECTORY FALL 2011 151.86 1,459.45 1910 FINANCE DIVISION - REVENUE 1910.52010 ANTON, STEPHEN CITY STICKER REFUND 75.00 1910.51620 HOWARD KARM, KARM & PATTERSON OVERPAYMENT REIMB. TRNSF STAMP 10.00 1910.62431 GARDA CL GREAT LAKES, INC.MAY 2011 CHARGES 1,567.59 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 63.25 1,715.84 1920 FINANCE DIVISION - ACCOUNTING 1920.65095 OFFICE DEPOT OFFICE SUPPLIES - 2011 87.74 1920.62110 BAKER TILLY VIRCHOW KRAUSE, LL FIELDWK. SERVICES 9,500.00 9,587.74 1925 FINANCE DIVISION - PURCHASING 1925.62275 FEDERAL EXPRESS CORP.SHIPPING 15.21 Page 26 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 15.21 1929 HUMAN RESOURCE DIVISION 1929.65125 PRINTABLE PROMOTIONS CERTIFICATE FOLDERS 432.40 1929.62274 TRANS UNION CORP CREDIT REPORT 78.95 1929.62160 LASER ASSOC., STEPHEN A.NEW HIRE TESTING 425.00 936.35 1932 INFORMATION TECHNOLOGY DIVI. 1932.62380 UNITED BUSINESS SOLUTIONS, LLC COPIER LEASE AGGREEMENT 2,325.59 1932.64505 AT & T *TELCO SERVICE 497.75 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,952.32 1932.65615 COMCAST CABLE CABLE SERVICE 177.93 1932.62340 SQBOX SOLUTIONS, LTD.INTERNAL WED SITE DEV TOOL 1,825.00 1932.65095 OFFICE DEPOT BLANKET PURCHASE ORDER 53.92 1932.65095 OFFICE DEPOT BLANKET PURCHASE ORDER 27.83 1932.65095 OFFICE DEPOT BLANKET PURCHASE ORDER 85.14 1932.64515 SOUND INC.AVST ANNUAL SUPPORT 3,200.00 1932.62250 SENTINEL TECHNOLOGIES SMARTNET 455.00 1932.62250 SENTINEL TECHNOLOGIES CISCO 2821 455.00 1932.62250 SENTINEL TECHNOLOGIES CISCO WS-C6509 7,389.00 1932.62250 SENTINEL TECHNOLOGIES ASA5520 1,061.00 1932.62250 SENTINEL TECHNOLOGIES VOICE BAND SMARTNET 455.00 1932.62250 SENTINEL TECHNOLOGIES CISCO 1120 SECURE 196.00 1932.62250 SENTINEL TECHNOLOGIES CISCO 2821 550.00 1932.62250 SENTINEL TECHNOLOGIES AIR-WLC4402-50-K9 1,301.00 1932.62340 ORACLE AMERICA, INC.DATABASE QTR PAYMENT 3,124.24 1932.65555 FEDERAL EXPRESS CORP.SHIPPING 26.58 1932.62340 ORACLE AMERICA, INC.JDEVELOPER PROG TOOL 463.27 1932.62250 DLT SOLUTIONS RED HAT ENTERPRISE LINUX 2,192.00 1932.64505 CALL ONE COMMUNICATION CHARGES 7,701.10 1932.65605 SOUND INC.MAINT. CHARGES NEC 2400 824.16 36,338.83 1941 PARKING ENFORCEMENT & TICKETS 1941.62451 NORTH SHORE TOWING TOWING & BOOTS 4,685.00 1941.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 699.38 5,384.38 2101 COMMUNITY DEVELOPMENT ADMIN 2101.65095 OFFICE DEPOT BLANKET PO FY 2011 ADMIN 16.43 2101.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 50.76 2101.65095 OFFICE DEPOT BLANKET PO FY 2011 ADMIN 16.99 2101.65095 OFFICE DEPOT BLANKET PO FY 2011 ADMIN 29.69 113.87 2105 PLANNING & ZONING 2105.62285 AARYNN/ALLYSSA TRUCKING ZBA PACKET COURIER SERV.52.49 2105.62205 PIONEER PRESS BLANKET PO FY2011 ZONING ADS 54.40 2105.62205 PIONEER PRESS BLANKET PO FY2011 ZONING ADS 51.20 2105.62205 PIONEER PRESS BLANKET PO FY2011 ZONING ADS 36.80 194.89 Page 27 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2115 HOUSING CODE COMPLIANCE 2115.62360 INTERNATIONAL CODE COUNCIL ANNUAL CERTIF. RENEWAL 75.00 2115.62345 EQUIFAX CREDIT TAX SUMMARY 20.16 2115.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 346.68 441.84 2120 HOUSING REHABILITATION 2120.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 101.52 101.52 2126 BUILDING INSPECTION SERVICES 2126.62150 MOSHE CALAMARO & ASSOC ENGNR. SERV. 713-733 CHICAGO 475.00 2126.65095 OFFICE DEPOT BLANKET PO FY 2011 BLDG 16.43 2126.62360 BOOKER, CHRISTOPHER REIMB. PLUMBER'S LISN. RENEWAL 100.00 2126.62150 MOSHE CALAMARO & ASSOC CASE 10-1807 1717 DARROW AVE.380.00 2126.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 106.17 2126.62150 MOSHE CALAMARO & ASSOC CASE 08-1754 2149 RIDGE AVE 380.00 2126.65010 INTERNATIONAL CODE COUNCIL IRC SOFTCOVER BOOKS 666.90 2126.62360 INTERNATIONAL ASSOCIATION OF E ELECTRICAL INSPEC. DUES 102.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 425.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 80.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 80.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 80.00 2,891.50 2205 POLICE ADMINISTRATION 2205.68205 EDDINGTON, RICHARD REIMB. FBI NATIONAL ACADMY-3 75.00 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS 550.00 2205.62360 ILLINOIS LAW ENFORCEMENT ALARM ILEAS 2011 ANNUAL DUES 200.00 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 715 CHICAGO AVE.268.00 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 1819 EMERSON ST.268.00 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 2020 GREENBAY RD.328.50 2205.62375 AMERICAN MESSAGING COMMUNICATION CHARGES 71.13 2205.62270 WELLINGTON, LESLIE 4 SESSIONS 600.00 2205.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 790.92 3,151.55 2210 PATROL OPERATIONS 2210.65020 CHICAGO BADGE & INSIGNIA REFINISH/REPAIR BADGES 162.92 2210.65020 PONY SHOP BELL HELMETS/POLICE DECALS 440.00 2210.65020 SUPER SEER CORPORATION RIOT/CORRECTIONAL SUPPLIES 1,452.11 2,055.03 2215 CRIMINAL INVESTIGATION 2215.62370 BUELL, MARK E NORTAF INCURRED EXPENSES 322.76 322.76 2225 SOCIAL SERVICES BUREAU 2225.62370 THOMAS, JONATHAN YOUTH OUTREACH 4/18-29 1,104.00 2225.62370 ANDERSON, JONAH YOUTH OUTREACH 4/18-29, 2011 1,104.00 2,208.00 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT OFFICE SUPPLIES 141.02 Page 28 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2240.65095 OFFICE DEPOT OFFICE SUPPLIES 37.57 2240.65095 L3 COMMUNICATIONS MAG MOUNT ANTENNA W/CABLES 106.00 284.59 2245 COMMUNICATIONS 2245.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 1,736.71 1,736.71 2250 SERVICE DESK 2250.65125 ILLINOIS CORRECTIONAL INDUSTRI CELLBLOCK 501.92 2250.65125 SECURE ECO SHRED POUNDS TRIP CHARGES 750.05 1,251.97 2251 311 CENTER 2251.64505 FEDERAL EXPRESS CORP.SHIPPING 51.72 2251.64505 CHICAGO TRIBUNE 311 ADVERTISING 872.00 2251.64505 AT & T 8100 311 CENTER IMPLEMENT. COSTS 7,733.17 8,656.89 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 149.10 2255.65125 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 168.00 317.10 2260 OFFICE OF ADMINISTRATION 2260.62295 WRIGHT, JODY REIMB. GAS-ST. LEADERSHIP CLAS 55.01 2260.62295 COLLEGE OF DUPAGE MENTOR DEVELOP.115.00 2260.62295 NORTH EAST MULTI-REGIONAL TRAI CLOSE QUARTER HANDGUN SKILLS 200.00 2260.62295 SACLUTI, MELISSA REIMB. GAS-ST. LEADERSHIP CLAS 31.00 401.01 2270 TRAFFIC BUREAU 2270.65125 NORTH SHORE TOWING TOW & HOOK 75.00 75.00 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST CONTROL-MAY 2011 50.25 2280.62225 BETTER METHODS ANIMAL SHLT TRASH CAN LINERS 353.70 2280.65025 HILLS PET NUTRITION PET FOOD/ANIMAL SHELTER 289.88 693.83 2285 PROBLEM SOLVING TEAM 2285.62245 PONY SHOP BIKE REPAIR/LABOR 662.00 2285.62245 PONY SHOP BIKE REPAIR/LABOR 450.00 2285.62245 PONY SHOP REPAIR LABOR BIKES 441.00 2285.62245 PONY SHOP BIKE REPAIR/LABOR 382.00 1,935.00 2305 FIRE MGT & SUPPORT 2305.65050 ABT APPLIANCE REPAIR 119.00 2305.65020 AIR ONE EQUIPMENT TURNOUT BOOTS 295.00 2305.65125 FROGGMAN INDUSTRIES DBA FROGGM SCUBA MAINTENANCE 1,070.00 2305.62315 FEDERAL EXPRESS CORP.SHIPPING 49.85 2305.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 247.21 2305.65095 OFFICE DEPOT OPEN PO FOR OFFICE SUPPLIES 53.49 Page 29 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2305.65095 OFFICE DEPOT OPEN PO FOR OFFICE SUPPLIES 26.51 2305.62360 NORTHEASTERN ILLINOIS PUBLIC S NIPSTA 1 YEAR MEMBERSHIP 25,042.00 2305.62518 FOX VALLEY FIRE & SAFETY ANSUL SERVICE 91.75 2305.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 326.92 2305.65050 APPLIANCE SERVICE CENTER APPLIANCE REPAIR 482.22 2305.65020 AIR ONE EQUIPMENT FIREFIGHTING BOOT 293.00 2305.65020 AIR ONE EQUIPMENT TURNOUT BOOTS 293.00 2305.65020 AIR ONE EQUIPMENT TRUCKMEN BELTS 340.00 2305.65020 AIR ONE EQUIPMENT TURNOUT REPAIR 118.92 2305.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 467.03 29,315.90 2315 FIRE SUPPRESSION 2315.65625 PHYSIO-CONTROL, INC.CPR EQUIPMENT 551.00 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S FIREFIGHTING TRAINING 300.00 2315.62295 NAEMSE EMS INSTRUCTOR COURSE 375.00 2315.62210 WINDY CITY PRESS BLOCK STATIONARY 23.10 2315.62210 WINDY CITY PRESS BLOCK BUSINESS CARDS 17.88 2315.62295 ZOLL DATA SYSTEMS FIREFIGHTING TRAINING 150.00 2315.65625 ARMSTRONG MEDICAL CPR SUPPLIES 1,309.00 2315.62295 MABAS DIVISION III REQ TRAINING-64 FIREFIGHTERS 3,150.00 2315.65085 LEMOI HARDWARE SMALL TOOLS 15.92 2315.65085 LEMOI HARDWARE REPAIR PARTS 13.63 2315.65085 LEMOI HARDWARE SMALL TOOLS 7.53 2315.65085 LEMOI HARDWARE SMALL TOOLS 47.44 2315.65040 LAPORT INC JANITORIAL SUPPLIES 208.90 2315.65040 LAPORT INC JANITORIAL SUPPLIES 77.40 2315.65090 J & L ENGRAVING SAFETY TAGS 20.00 2315.62523 FROGGMAN INDUSTRIES DBA FROGGM REGULATOR ANNUAL SERV.1,418.00 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 306.85 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 314.25 8,305.90 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 293.99 293.99 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 832.00 832.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.62470 KREATIVE SOULS BY PILAR *JEWELRY MATERIALS/WORKSHP 350.00 2455.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 57.76 407.76 2460 COMMUNITY PURCHASED SERVICES 2460.67010 CHILDCARE NETWORK SERV. AGREEMNT MAR-MAY 2011 32,926.66 2460.67010 CHILD CARE CENTER OF EVANSTON SERV. AGREEMNT MAR-MAY 2011 4,449.00 2460.67045 YOU, INC.SERV. AGREEMENT MAR-MAY 2011 25,000.00 2460.67140 NORTH SHORE SENIOR CENTER SERV. AGREEMENT MAR-MAY 2011 9,777.66 2460.67015 PEER SERVICES, INC.SERV. AGREEMENT MAR-MAY 2011 10,869.00 2460.67070 SHORE COMMUNITY SERVICES SERV. AGREEMENT MAR-MAY 2011 11,004.00 Page 30 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2460.67155 THRESHOLDS REHABILITATION SERV. AGREEMENT MAR-MAY 2011 940.33 2460.67050 EVANSTON COMMUNITY DEFENDER SERV. AGREEMENT MAR-MAY 2011 7,920.00 2460.67110 CONNECTIONS FOR THE HOMELESS SERV. AGREEMNT MAR-MAY 2011 7,690.00 2460.67030 FAMILY FOCUS/EVANSTON SERV. AGREEMNT MAR-MAY 2011 10,359.66 2460.67065 HOUSING OPTIONS FOR THE MENTAL SERV. AGREEMNT MAR-MAY 2011 8,555.66 2460.67125 INFANT WELFARE SOCIETY OF EVAN SERV. AGREEMNT MAR-MAY 2011 31,677.66 2460.67040 LEGAL ASSISTANCE FOUNDATION 82 SERV. AGREEMNT MAR-MAY 2011 7,284.00 2460.67145 METROPOLITAN FAMILY SERVICES SERV. AGREEMNT MAR-MAY 2011 23,213.00 191,666.63 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 47.42 47.42 2610 MUNICIPAL SERVICE CENTER 2610.65515 METRO TANK AND PUMP COMPANY INSTALL BELOW GRADE MANHOLE 3,543.00 2610.65515 METRO TANK AND PUMP COMPANY VENT REPAIRS 2,620.00 2610.65515 METRO TANK AND PUMP COMPANY MANHOLE REPAIRS 4,043.00 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 90.00 2610.64015 NICOR 0632 MONTHLY CHARGES 383.62 2610.64005 COMED MONTHLY CHARGES 8.13 2610.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 1,446.35 2610.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 408.49 12,542.59 2625 ENGINEERING 2625.62235 PITMAN COMPANY HP 800 AGREEMENT RENEWAL 660.00 2625.65105 PITMAN COMPANY BLACK CTDG PIXMA 20.73 680.73 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64006 COMED MONTHLY CHARGES 3.06 2640.64007 COMED MONTHLY CHARGES 6,619.31 2640.64006 COMED MONTHLY CHARGES 681.04 2640.64008 COMED MONTHLY CHARGES 2.19 7,305.60 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 2,784.54 2,784.54 2670 STREET AND ALLEY MAINTENANCE 2670.62415 SHRED ALL RECYCLING SYSTEMS IN TIRE RECYCLING 325.30 2670.65055 OZINGA CHICAGO RMC, INC.READY MIX CONCRETE 1,023.60 2670.62295 NORTHEASTERN ILLINOIS PUBLIC S PUBLIC SAFETY TRAINING 50.00 2670.62295 NORTHEASTERN ILLINOIS PUBLIC S PUBLIC SAFETY TRAINING 50.00 1,448.90 2675 STREET CLEANING 2675.65020 DIAZ, IVAN REIMB. SHOE EXPENSE-SEASONAL 50.00 50.00 2805 CHILDREN'S SERVICES 2805.65641 RANDOM HOUSE INC JUV AV 28.00 2805.65630 BAKER & TAYLOR JUV PRINT 537.06 Page 31 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2805.65630 BAKER & TAYLOR JUV PRINT 25.00 2805.65630 BAKER & TAYLOR JUV PRINT 1,450.54 2805.65630 BAKER & TAYLOR JUV PRINT 143.62 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 33.16 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 343.53 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 3.89 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 20.10 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 69.00 2805.65630 BOOK WHOLESALERS INC.JUV PRINT 22.78 2805.65641 MIDWEST TAPE JUV AV 143.94 2805.65641 MIDWEST TAPE JUV AV 14.39 2805.65641 RANDOM HOUSE INC JUV AV 38.00 2805.65641 RANDOM HOUSE INC JUV AV 80.00 2,953.01 2806 ADULT SERVICES 2806.65641 RANDOM HOUSE INC ADULT AV 37.50 2806.65630 BAKER & TAYLOR ADULT PRINT 249.23 2806.65630 GALE GROUP ADULT PRINT 49.17 2806.65630 GALE GROUP ADULT PRINT 27.79 2806.65630 GALE GROUP ADULT PRINT 116.83 2806.62340 GALE GROUP ONLINE RESOURCES 1,109.24 2806.65641 FULL CAST AUDIO ADULT AV 13.90 2806.62340 LEARNING EXPRESS, LLC REFERENCE DATABASE SUBSC.5,030.00 2806.65641 RECORDED BOOKS INC.ADULT AV 56.25 2806.65630 GALE GROUP ADULT PRINT 26.91 2806.65641 BAKER & TAYLOR ADULT AV 233.62 2806.65630 BAKER & TAYLOR JUV PRINT 490.14 2806.65630 BAKER & TAYLOR ADULT PRINT 57.91 2806.65630 BAKER & TAYLOR ADULT PRINT 78.86 2806.65630 BAKER & TAYLOR ADULT PRINT 286.48 2806.65630 BAKER & TAYLOR ADULT PRINT 15.73 2806.65630 BAKER & TAYLOR ADULT PRINT 58.84 2806.65630 BAKER & TAYLOR ADULT PRINT 69.31 2806.65630 BAKER & TAYLOR ADULT PRINT 312.13 2806.65630 BAKER & TAYLOR ADULT PRINT 455.66 2806.65630 GALE GROUP ADULT PRINT 76.96 2806.65630 BAKER & TAYLOR ADULT PRINT 272.36 2806.65630 BAKER & TAYLOR YA PRINT 796.36 2806.65630 BAKER & TAYLOR ADULT PRINT 1,352.92 2806.65630 BAKER & TAYLOR ADULT PRINT 252.34 2806.65641 BAKER & TAYLOR ENTERTAINMENT ADULT AV 22.04 2806.65641 BAKER & TAYLOR ENTERTAINMENT ADULT AV 58.80 2806.65641 BAKER & TAYLOR ENTERTAINMENT ADULT AV 37.02 2806.65641 BAKER & TAYLOR ENTERTAINMENT ADULT AV 36.45 2806.65641 BAKER & TAYLOR ENTERTAINMENT ADULT AV 44.09 2806.65641 BLACKSTONE AUDIO BOOKS INC.ADULT AV 703.50 2806.65641 BAKER & TAYLOR ENTERTAINMENT ADULT AV 11.01 2806.65641 BBC AUDIOBOOKS AMERICA ADULT AV 5.00 12,444.35 Page 32 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2820 CIRCULATION 2820.52610 UNIQUE MANAGEMENT SERVICES COLLECTION STATS 232.70 232.70 2835 TECHNICAL SERVICES 2835.65100 GENERAL BINDING CORP.TECH SERV. OFFICE SUPPLIES 85.73 85.73 2840 MAINTENANCE 2840.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 598.46 598.46 2845 ADMINISTRATION 2845.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.07 2845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2011 1,434.00 2845.65095 OFFICE DEPOT P.O. BLANKET ORDER 85.45 1,546.52 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 47.42 47.42 3010 REC. BUS. & FISCAL MGMT 3010.62705 PLUG & PAY TECHNOLOGIES MERCHANT PROCESSING FEE 30.00 30.00 3020 RECREATION GENERAL SUPPORT 3020.65125 EVANSTON SIGNS & GRAPHICS, INC PICNIC RESERVATION SIGNS 875.00 3020.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 47.42 922.42 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 26.65 3025.64015 NICOR 0632 MONTHLY CHARGES 130.84 3025.64005 COMED MONTHLY CHARGES 189.52 3025.64005 COMED MONTHLY CHARGES 37.37 3025.64005 COMED MONTHLY CHARGES 41.24 3025.64005 COMED MONTHLY CHARGES 353.52 3025.64005 COMED MONTHLY CHARGES 23.11 3025.64005 COMED MONTHLY CHARGES 1,078.94 3025.64005 COMED MONTHLY CHARGES 30.49 3025.64005 COMED MONTHLY CHARGES 64.42 3025.64005 COMED MONTHLY CHARGES 28.54 3025.64005 COMED MONTHLY CHARGES 589.11 3025.64005 COMED MONTHLY CHARGES 25.86 3025.64005 COMED MONTHLY CHARGES 44.68 3025.64005 COMED MONTHLY CHARGES 156.02 3025.64005 COMED MONTHLY CHARGES 26.44 3025.64005 COMED MONTHLY CHARGES 20.76 3025.64005 COMED MONTHLY CHARGES 56.88 3025.64005 COMED MONTHLY CHARGES 86.60 3025.64005 COMED MONTHLY CHARGES 5.24 3025.64015 NICOR 0632 MONTHLY CHARGES 40.57 3025.64015 NICOR 0632 MONTHLY CHARGES 92.16 Page 33 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3025.64015 NICOR 0632 MONTHLY CHARGES 53.79 3025.64005 COMED MONTHLY CHARGES 36.40 3025.64005 COMED MONTHLY CHARGES 315.14 3,554.29 3030 CROWN COMMUNITY CENTER 3030.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 479.11 479.11 3035 CHANDLER COMMUNITY CENTER 3035.62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 28.36 3035.62506 NORTHWESTERN UNIVERSITY WORK- WORK STUDY APRIL 2011 2,323.23 3035.65050 GRAINGER, INC., W.W.RACQUETBALL COURT LIGHT BULBS 425.00 3035.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 230.74 3035.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.07 3,034.40 3040 FLEETWOOD JOURDAIN COM CT 3040.62245 MIDWEST SERVICE AND INSTALLATI FITNESS EQUIP REPAIRS 120.00 3040.62518 ADT SECURITY SYSTEMS SECURITY SYS QUARTERLY BILLING 1,191.63 3040.62210 GENERATION COPY INC CHILDREN'S DAY FLYER 215.00 3040.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.07 3040.62505 CHICAGO LATIN FITNESS ZUMBA DANCE AFTER SCHOOL PRG 50.00 3040.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 327.14 3040.65040 LAPORT INC JANITORIAL SUPPLIES 394.33 2,325.17 3050 RECREATION OUTREACH PROGRAM 3050.62210 GENERATION COPY INC CAMP FLYER 423.00 423.00 3055 LEVY CENTER 3055.62511 GOODMAN, BILL & SUSAN AGING WELL CONF. PERFORMANCE 200.00 3055.62511 MENTAL HEALTH ASSOC OF THE NOR AGING WELL AWARD DONATION 50.00 3055.62245 ALARM DETECTION SYSTEMS, INC. REPAIR TO SECURITY CAMERA 495.00 3055.62210 ALLEGRA PRINT & IMAGING 2011 BLANKET PO PRINTING 575.00 3055.62505 CONNELLY'S ACADEMY 2011 BLANKET PO MARTIAL ARTS 2,757.90 3055.65110 WHITE WAY SIGN LEVY SIGN - TO BE REIMBURSED 14,312.00 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2011 37.00 3055.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 401.07 3055.62505 TAJ BELLYDANCE SPRING CLASS 315.00 3055.62505 TAJ BELLYDANCE WINTER CLASS 315.00 3055.62505 EVANSTON ESCOLA DE SAMBA 8 WEEK PERCUSSION CLASS 480.00 3055.62505 TRADUP, LARRY 8 WEEK SQUARE DANCE INSTRUCTOR 320.00 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 42.00 3055.62505 JANKIEWICZ, MALGORZATA INSTRUCTION 8 WK BEADING CLASS 280.00 3055.62505 COMPUTER TRAINING & SUPPORT SE ONE ON ONE TRAINING C. BROWN 50.00 3055.62505 COMPUTER TRAINING & SUPPORT SE COMPUTER TRAINING INSTRUCTION 370.00 3055.62505 COMPUTER TRAINING & SUPPORT SE COMPUTER TRAINING INSTRUCTION 240.00 3055.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.07 3055.62505 COMPUTER TRAINING & SUPPORT SE DIGITAL CAMERA CLASS 240.00 21,507.04 Page 34 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3065 BOAT RAMP-CHURCH ST 3065.65050 GROVER WELDING COMPANY MATERIAL FOR BOAT RAMP REPAIR 475.75 3065.65050 ILLINOIS TRUCK & EQUIPMENT KAWASAKI WHEEL LOADER 6,700.00 7,175.75 3080 BEACHES 3080.64015 NICOR 0632 MONTHLY CHARGES 69.10 3080.65020 WATER SAFETY PRODUCTS INC MALE SWIM SUITS 1,178.00 3080.65020 WATER SAFETY PRODUCTS INC FEMALE SWIM SUITS 1,060.00 3080.65020 WATER SAFETY PRODUCTS INC RASHGUARDS 192.00 3080.65020 WATER SAFETY PRODUCTS INC SHIPPING 62.00 3080.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 77.70 2,638.80 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 77.70 3085.65110 CONSERV FS PRO AP 25-0-5 TURF 5,660.00 3085.65040 LAPORT INC 2011 BLANKET PO JANITORIAL 1,082.46 6,820.16 3095 CROWN ICE RINK 3095.62245 JORSON & CARLSON BLADE SHARPENING 33.06 3095.65070 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 75.00 3095.65040 LAPORT INC JANITORIAL SUPPLIES 453.59 3095.65040 LAPORT INC JANITORIAL SUPPLIES 53.96 3095.65040 LAPORT INC JANITORIAL SUPPLIES 13.20 3095.62205 EVANSTON ROUND TABLE LLC ICE SHOW ADVERTISEMENT 302.00 3095.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 81.21 1,012.02 3100 SPORTS LEAGUES 3100.62508 BROOKS, MARVIN SOFTBALL UMPIRE 180.00 3100.62508 DANIELS, GARRY SOFTBALL UMPIRE 316.00 496.00 3105 AQUATIC CAMP 3105.65110 BLINKWAVE CP200 MOTOROLA RADIOS 777.00 777.00 3110 TENNIS 3110.62505 E-TOWN TENNIS 2011 BLANKET PO FOR TENNIS 7,178.25 7,178.25 3130 SPECIAL RECREATION 3130.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 54.14 54.14 3140 BUS PROGRAM 3140.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.07 27.07 3150 PARK SERVICE UNIT 3150.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 54.14 54.14 3215 YOUTH ENGAGEMENT DIVISION Page 35 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3215.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 50.56 50.56 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 644.13 644.13 3510 HORTICULTURAL MAINTENANCE 3510.65015 REINDERS, INC.30 gallon drum of Roundup Herb 1,025.00 3510.65015 REINDERS, INC.30 gallon drum of Roundup Herb 47.00 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 555.75 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 551.50 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 394.75 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 394.75 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 551.50 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, 2011 LANDSCAPE MAINTENANCE 555.75 3510.62195 SKOKIE PARK DISTRICT MAINT/OPERATIONS SOCCER/DOG PK 11,618.37 3510.65005 WEEKS WHOLESALE ROSE GROWER ROSES 978.81 16,673.18 3605 ECOLOGY CENTER 3605.56045 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2011 29.00 29.00 3610 ECO-QUEST DAY CAMP 3610.62507 NORTHWEST PASSAGE 2011 OVER NIGHT ECOLOGY 7,072.50 7,072.50 3710 NOYES CULTURAL ARTS CTR 3710.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 27.07 3710.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 489.14 516.21 3729 NCAP - LAKESHORE FESTIVAL 3729.62490 KUGLER, DEBORAH K.HONORARIUM LAKESHORE ARTS FEST 75.00 3729.62490 SCEKIC, VERA HONORARIUM LAKESHORE ARTS FEST 75.00 3729.62490 POOLEY, SARA HONORARIUM LAKESHORE ARTS FEST 75.00 225.00 3805 FACILITIES ADMINISTRATION 3805.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 77.83 77.83 3806 CIVIC CENTER SERVICES 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 422.00 3806.65040 LAPORT INC JANITORIAL SUPPLIES 1,656.81 3806.62225 SIMPLEX GRINNELL BATTERY REPLACEMENT 773.57 3806.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 686.89 3806.62225 DUSTCATCHERS, INC.FLOOR MATS FOR 209.00 3806.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 107.54 3,855.81 3807 CONSTRUCTION AND REPAIRS 3807.65050 ADDISON STEEL INC.STRUCTURAL STEEL 70.00 3807.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 852.95 Page 36 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 922.95 244502 CHILDHOOD LEAD POISONING GRANT 244502.62190 STAT ANALYSIS CORPORATION CASE MF094-10 1502 SOUTH BLVD 90.00 244502.62190 STAT ANALYSIS CORPORATION CASE MF 094-10 1502 SOUTH BLVD 54.00 144.00 456,452.55 00190 HPRP GRANT FUND 4901 HPRP GRANTS 4901.63167 LEGAL ASSISTANCE FOUNDATION 1 HPRP DRAW DWN REQUEST 300.00 300.00 300.00 00195 NEIGHBOR.STABILIZATION PROGRAM 5005 NSP-GENERAL ADMINISTRATION 5005.62509 COMMUNITY CENTRAL, LLC CREATION OF DRAW REPORT 1,800.00 1,800.00 1,800.00 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.64505 AT & T *TELCO SERVICE 5,996.82 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,584.68 5150.65085 MOTOROLA SOLUTIONS, INC.RADIO PARTS 921.72 5150.62509 SENTINEL TECHNOLOGIES CISCO WS-C6509 6,858.00 5150.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 1,402.95 17,764.17 17,764.17 00215 CDBG FUND 5205 TARGETED CODE ENFORCEMENT 5205.62770 AAA ALLIED BOARD-UP & GLASS, I CASE 09-0339 VACNT. BUILDING 160.00 160.00 160.00 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65625 DELL COMPUTER CORP.DELL DESKTOP 1,497.50 5300.65522 CHICAGO-DEMPSTER MERCHANTS ASS *CHICGO/DEMPST MERCHANTS-WEB 1,000.00 5300.65522 PLANTINGS BUSINESS DISTR. IMPROVEMNTS 1,500.00 3,997.50 3,997.50 00240 HOME FUND 5430 HOME FUND 5430.62295 FLAX, SARAH K REIMB. HOME CONF/TRAIN MD 1,139.77 5430.62295 POOLE, MARY ELLEN REIMB. HUD HOME TRAINING DC 812.36 1,952.13 1,952.13 00300 WASHINGTON NATL TIF DEBT SERV Page 37 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5470 WASHINGTON NAT'L TIF DS 5470.65515 EVMARK REIMB. WASHNGT NAT TIF-VARSITY 20,496.26 20,496.26 20,496.26 00320 DEBT SERVICE FUND 5707 2007 BONDS 5707.62350 WELLS FARGO BANK PAYING AGENT GO SERIES 2007 250.00 250.00 5708 2008 BONDS 5708.62350 WELLS FARGO BANK PAYING AGENT GO SERIES 2008C 250.00 250.00 5710 2000 GO BONDS 5710.62350 WELLS FARGO BANK PAYING AGENT GO SERIES 2008A 250.00 250.00 5720 2002 GO BONDS 5720.62350 WELLS FARGO BANK PAYING AGENT 2002C 300.00 300.00 1,050.00 00415 CAPITAL IMPROVEMENTS FUND 415169 CIVIC CTR HVAC 415169.65510 CHICAGO TRIBUNE ADVERTISEMENT FOR BID # 12-18 682.00 415169.65510 ATC ASSOCIATES, INC.PROVIDE ACM CONSULTING SERVICE 2,090.00 2,772.00 415175 CIVIC CTR RENOVATIONS 415175.65510 CROWLEY & ASSOC, C.E.ROOF EVALUATION/SURVEY 1,450.00 1,450.00 415347 BRUMMEL TOT LOT 415347.65653 CLAUSS BROTHERS, INC.BRUMMEL RICHMOND TOT LOT 29,532.60 29,532.60 415737 EVANSTON DIGITAL CAMERA SYSTEM 415737.65125 CURRENT TECHNOLOGIES CORPORATI GRANT #2008CKWX0593 25,677.11 25,677.11 415854 ALLEY PAVING - CITY SHARE 415854.65515 COOK COUNTY RECORDER OF DEEDS DOCUMENTATION CHARGES 874.00 874.00 415885 BRIDGE REHAB PROGRAM 415885.65515 ALFRED BENESCH & COMPANY BRIDGE STREET BRIDGE PROJECT 13,358.80 13,358.80 415887 SHERIDAN ROAD REHAB PROJECT 415887.65515 TRANSYSTEMS CORPORATION CONSTRUCTION ENGINEERING 9,563.59 415887.65515 TRANSYSTEMS CORPORATION CONSTRUCTION ENGINEERING 10,940.99 20,504.58 416209 CTA YELLOW LINE FEASIBILITY ST 416209.65515 PB AMERICAS, INC.CTA YELLOW LINE STATION ENGIN.28,185.72 28,185.72 Page 38 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 122,354.81 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 304.40 7005.62431 GARDA CL GREAT LAKES, INC.MAY 2011 CHARGES 1,210.00 1,514.40 7015 PARKING LOTS & METERS 7015.62230 MOSHE CALAMARO & ASSOC Structural Engineering Service 280.00 280.00 7025 CHURCH STREET GARAGE 7025.53515 JINNY LUNG / DEREK CHAN ACCESS CARD REFUND 25.00 7025.64505 CALL ONE COMMUNICATION CHARGES 864.24 7025.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEE 32,153.85 33,043.09 7036 SHERMAN GARAGE 7036.53515 POSNER, SCOTT ACCESS CARD REFUND 25.00 7036.53515 RANDALL, JILLIAN ACCESS CARD REFUND 25.00 7036.53510 RICHMOND, ADAM REFUND CREDIT CARD OVERPMNT 85.00 7036.53515 SANGWAN, VINOD ACCESS CARD REFUND 25.00 7036.53515 SHAPEY, MAX K.ACCESS CARD REFUND 25.00 7036.53515 SULTAN LAW OFFICE ACCESS CARD REFUND 25.00 7036.53515 WALVOORD, DR. BARRY ACCESS CARD REFUND 25.00 7036.53515 WANG, RUI ACCESS CARD REFUND 25.00 7036.64505 AT & T *TELCO SERVICE 101.82 7036.53515 BENEFICO, ALISON ACCESS CARD REFUND 25.00 7036.53515 ARMSTRONG FORENSIC ENGINEERS ACESS CARD REFUND 25.00 7036.53515 BROWN, ALISON ACCESS CARD REFUND 25.00 7036.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEE 70,659.21 7036.53515 CRAIG, MEGAN ACCESS CARD REFUND 25.00 7036.53515 CROSS, BILLY T. II ACCESS CARD REFUND 25.00 7036.53515 DEBOER, JULIE ACCESS CARD REFUND 25.00 7036.53515 DINEVA, DANIELA ACCESS CARD REFUND 25.00 7036.53515 FULLER, STEPHEN ACCESS CARD REFUND 25.00 7036.53515 GORDON, MICHAEL ACCESS CARD REFUND 25.00 7036.53515 HARDY, MICHAEL ACCESS CARD REFUND 25.00 7036.53510 KAYE, JEFFREY DUPLICATE CREDIT CARD CHARGE 48.00 7036.53515 KELLY, ROBERTA ACCESS CARD REFUND 25.00 7036.62350 WELLS FARGO BANK PAYING AGENT GO SERIES 2008B 250.00 7036.64505 CALL ONE COMMUNICATION CHARGES 1,840.98 7036.53515 MARLATTE, TRAVIS ACCESS CARD REFUND 25.00 7036.53515 O'HANDLEY, DENISE ACCESS CARD REFUND 25.00 7036.53515 PIERACCI, ERIC ACCESS CARD REFUND 25.00 73,510.01 7037 MAPLE GARAGE 7037.53515 BERRY, JONATHAN ACCESS CARD REFUND 25.00 7037.53515 BEESON, THERESA J.ACCESS CARD REFUND 25.00 7037.53515 TINCH, ERIC ACCESS CARD REFUND 25.00 Page 39 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7037.53515 VAN HYFTE, GREG ACCESS CARD REFUND 25.00 7037.53515 WESTERBAND, MICHAEL ACCESS CARD REFUND 25.00 7037.53515 WHITE, KOLBY ACCESS CARD REFUND 25.00 7037.53515 YAST, RYAN ACCESS CARD REFUND 25.00 7037.53515 STOKELY, ELIZABETH ACCESS CARD REFUND 25.00 7037.53515 ALDRICH, LESLIE ACCESS CARD REFUND 25.00 7037.53515 COWER, JAN ACCESS CARD REFUND 25.00 7037.62400 CENTRAL PARKING SYSTEM OF ILLI OPERATING/MANAGEMENT FEE 62,005.88 7037.53515 LAFALCE, STEVEN ACCESS CARD REFUND 25.00 7037.53515 MYERS, DOUG ACCESS CARD REFUND 25.00 7037.64505 CALL ONE COMMUNICATION CHARGES 1,247.75 7037.62509 REVCON TECHNOLOGIES, INC.BOOM ARM ASSEMBLY 805.00 64,358.63 172,706.13 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 95.22 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2011 106.00 7100.56145 NATIONAL POWER RODDING CORP. FIRE HYDRANT DEPOSIT RETRN 300.00 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2011 60.27 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 125.63 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 119.92 7100.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 228.37 1,035.41 7105 PUMPING 7105.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 162.42 7105.64015 CENTER POINT ENERGY SERVICES, MONTHLY CHARGES 1,113.87 7105.64505 CALL ONE COMMUNICATION CHARGES 128.25 7105.62230 ELMER'S WATERSPORTS KIRBY MORGAN DSI SUPER MASK 595.00 7105.62230 ELMER'S WATERSPORTS 7/5MM H2 BIB HOOD 74.95 7105.62230 ELMER'S WATERSPORTS MODULE SWIVEL COMPASS 54.95 7105.62230 ELMER'S WATERSPORTS 5MM EVERFLEX GLOVES SIZE XLG 36.00 7105.62230 ELMER'S WATERSPORTS RB-11 NiMH BATTERY PACK 12VOLT 95.00 7105.62230 ELMER'S WATERSPORTS CHARGER FOR RB-11 NiMH BATTERY 89.00 7105.62230 ELMER'S WATERSPORTS SSB-2010 AQUACOM DIVER 1,049.00 7105.62230 ELMER'S WATERSPORTS KIRBY MORGAN DSI SUPER MASK 495.00 7105.62230 ELMER'S WATERSPORTS ALUMINUM 80 CU FT SCUBA TANK 478.00 4,371.44 7110 FILTRATION 7110.65015 JCI JONES CHEMICALS INC LIQUID CHLORINE -TON CONTAINER 2,940.00 7110.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 162.42 3,102.42 7115 DISTRIBUTION 7115.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 334.51 334.51 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 172.38 172.38 Page 40 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7130 WATER CAPITAL OUTLAY 7130.65702 MID-STATES ENGINEERING & SALES 10 GPM Filter Cart 2,998.00 2,998.00 12,014.16 00511 WATER-BOND AND INTEREST 7250 2002 WATER REVENUE BONDS D.S. 7250.62350 WELLS FARGO BANK PAYING AGENT BONDS 2002 150.00 150.00 150.00 00513 WATER-DEPR, IMPROV & EXTENSION 733048 FILTER REHAB ( #19-#24) 733048.65515 KENO & SONS, CONSTRUCTION 1964 Filter Addition Rehab 111,187.80 111,187.80 111,187.80 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 185.69 185.69 185.69 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.62210 ON TRACK FULFILLMENT INC.MAILING PW NEWSLETTERS 623.92 7685.62415 GROOT RECYCLING & WASTE SERVIC RESIDENTIAL REFUSE -MARCH 128,646.00 7685.62415 GROOT RECYCLING & WASTE SERVIC RESIDENTIAL REFUSE -APRIL 128,646.00 7685.62390 LAKESHORE WASTE SERVICES, LLC CONDO REFUSE COLLECTION FOR 30,250.00 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX APRIL 2011 616.00 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.75,358.79 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 7,283.06 7685.65020 HENTZ, CORNELL REIMB. SHOE EXPENSE-SEASONAL 50.00 371,473.77 7690 RESIDENTIAL RECYCLING COL 7690.62415 WELLS FARGO BANK- SWANCC RECYCLING TRANSFER FEES 10,953.59 7690.62415 GROOT RECYCLING & WASTE SERVIC YARD WASTE CONTRACT APRIL 2011 61,620.00 7690.62415 GROOT RECYCLING & WASTE SERVIC YARD WASTE CONTRACT MAY 2011 61,620.00 134,193.59 505,667.36 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64540 NEXTEL COMMUNICATIONS WIRELESS SERVICE 107.91 7705.64505 CALL ONE COMMUNICATION CHARGES 199.36 307.27 7710 MAJOR MAINTENANCE 7710.65060 VERMEER MIDWEST OUTSIDE REPAIR 116.38 7710.65035 WORLD FUEL SERVICES, INC./TEXO BIODIESEL 29,020.02 7710.65035 WORLD FUEL SERVICES, INC./TEXO NL GASOHOL 25,877.95 Page 41 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & SUPPLIES 117.26 7710.65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & SUPPLIES 27.99 7710.65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & SUPPLIES 10.30 7710.65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & SUPPLIES 86.37 7710.65060 EVANSTON AUTO GLASS AUTO GLASS 345.00 7710.65060 FULL THROTTLE MARINE, INC.MARINE SERVICES & REPAIRS 3,643.33 7710.65060 GOLF MILL FORD PARTS & SERVICE 95.71 7710.65060 GOLF MILL FORD PARTS & SERVICE 253.36 7710.65060 GOLF MILL FORD PARTS & SERVICE 52.61 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING 1,818.00 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING 67.90 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING 1,695.00 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING 178.00 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING 179.00 7710.65060 INTERSTATE BATTERY OF NORTHERN BLANKET PURCHASES-BATTERIES 97.10 7710.65060 INTERSTATE BATTERY OF NORTHERN BLANKET PURCHASES-BATTERIES 459.75 7710.65060 INTERSTATE BATTERY OF NORTHERN BLANKET PURCHASES-BATTERIES 185.90 7710.65060 NAPLETON'S NORTHWESTERN -CHRYS DODGE JEEP 102.00 7710.65060 ORLANDO AUTO TOP UPHOLSTERY REPAIRS 190.00 7710.65060 POWER WASHING PROS.ANNUAL POWER WASHING 640.00 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO AUTO BODY & COLLISION 1,142.05 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO AUTO BODY & COLLISION 1,110.96 7710.65065 WENTWORTH TIRE SERVICE TIRES FOR CARS & TRKS 872.19 7710.65060 WIRFS INDUSTRIES INC.ANNUAL INSPECTION & REPAIR 970.97 7710.65060 GOLF MILL FORD PARTS & SERVICE 109.68 7710.65060 GOLF MILL FORD PARTS & SERVICE 193.20 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L CHEVY PARTS & SERVICE 337.70 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L CHEVY PARTS & SERVICE 231.18 7710.65060 ZEIGLER CHEVROLET-SCHAUMBURG L CHEVY PARTS & SERVICE 231.18 7710.65060 CUMMINS N POWER, LLC.OUTSIDE REPAIR 4,788.53 7710.65060 H & A AUTO SALES TRAILER REPAIR 106.85 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 132.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 136.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 391.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 692.00 7710.65060 CUMMINS N POWER, LLC.CREDIT TURBO CHARG. KIT 1,425.17- 7710.65060 CUMMINS N POWER, LLC.CREDIT ACTUATOR KITS 687.50- 7710.65060 A & A TRANSMISSION CORP.UNDERCOVER VEHICLE 242.50 7710.65060 AETNA TRUCK PARTS, INC.MISC. PARTS/FILTERS 399.11 7710.65060 BECKER ARENA PRODUCTS ICE RESURFACER PARTS 929.76 7710.65060 CARQUEST EVANSTON CREDIT OIL SEAL 4.89- 7710.65060 CARQUEST EVANSTON CREDIT FUEL FILTER 7.09- 7710.65060 CHICAGO INTERNATIONAL TRUCKS, CABLE 35.70 7710.62355 CINTAS #22 MAT SERVICE 99.85 7710.62355 CINTAS #22 MAT SERVICE 99.85 7710.62355 CINTAS #769 MAT SERVICE 113.60 7710.62355 CINTAS #769 MAT SERVICE 113.60 7710.62355 CINTAS #769 MAT SERVICE 113.60 7710.62355 CINTAS #769 MAT SERVICE 113.60 Page 42 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.62355 CINTAS #769 MAT SERVICE 117.20 7710.62355 CINTAS #769 MAT SERVICE 113.60 7710.65035 CITY WELDING SALES & SERVICE I PROPANE 71.50 7710.65035 CITY WELDING SALES & SERVICE I PROPANE 121.30 7710.65035 COUNTRY GAS CO.CYLND. RENTAL/RECHARGE 29.95 7710.65060 CUMBERLAND SERVICENTER STRAP/DOOR CHECK 61.32 7710.65060 CUMBERLAND SERVICENTER SWITCH/ LOW AIR 55.80 7710.65060 CUMBERLAND SERVICENTER SWITCH WORK BRAKE 49.98 7710.65060 DUXLER TIRE & CAR CENTER ALIGNMENT #112 69.00 7710.65060 FREEWAY FORD TRUCK SALES OUTSIDE REPAIR 5,047.30 7710.65060 FREEWAY FORD TRUCK SALES CREDIT TUBE 44.87- 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC FILTERS 231.33 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC COLUMN STEERING TILT 593.59 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC LINK TOE CONTROL ADJUST 379.67 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC SHOCK ABSORBER 576.51 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC HANDLE 107.57 7710.65060 GOLF MILL FORD CREDIT CORE RETURN 265.00- 7710.65060 GRAINGER, INC., W.W.LIGHT BULBS 69.00 7710.65060 GRAINGER, INC., W.W.PRESSURE GAUGE FILLED 46.26 7710.65060 GROVER WELDING COMPANY STEEL CHANNEL 20.00 7710.65060 GROVER WELDING COMPANY WELD REPAIRS 275.00 7710.65060 GROVER WELDING COMPANY WELD REPAIRS 505.94 7710.65060 LAKE/COOK C.V. JOINTS INC U JOINT INSTALLED 85.00 7710.65060 LEACH ENTERPRISES, INC.CREDIT MEMO-PADS KIT 249.36- 7710.65060 LEACH ENTERPRISES, INC.BRAKE PADS 249.36 7710.65060 LEACH ENTERPRISES, INC.BRAKE JOB 1,101.21 7710.65060 LEMOI HARDWARE HARDWARE 59.96 7710.65060 MCCANN INDUSTRIES, INC.FILTER/FUEL 44.56 7710.65060 MONROE TRUCK EQUIPMENT HYDROL. MOTOR 249.23 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 223.94 7710.65065 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 573.23 7710.65060 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 30.00 7710.65060 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 188.17 7710.65060 POMP'S TIRE SERVICE, INC.TIRE REPAIRS 81.20 7710.65060 SHERMAN DODGE OUTSIDE REPAIR 2,706.02 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 629.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 410.25 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 625.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 120.00 7710.65060 SUBURBAN ACCENTS, INC.LETTER SALES 324.50 7710.65060 SUNNYSIDE PARTS WAREHOUSE BRAKE PARTS STOCK 1,111.74 7710.65060 SUNNYSIDE PARTS WAREHOUSE PAN 43.75 7710.65060 SUNNYSIDE PARTS WAREHOUSE PAN/GASKET/MISC. PARTS 170.57 7710.65060 SUNNYSIDE PARTS WAREHOUSE LAMP 10.85 93,989.07 94,296.34 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 ORTHOPAEDICS OF THE NORTH SHOR INDEP. MEDICAL EXAM 1,120.00 Page 43 of 469 CITY OF EVANSTON, ILR5504003B BILLS LIST 05/24/11PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1,120.00 1,120.00 00705 POLICE PENSION FUND 8100 POLICEMEN'S PENSION 8100.61755 GARCIA HAMILTON AND ASSOCIATES *1ST QRT FIXED INCOME MNG 2011 8,965.18 8100.61755 KATZ, BARRY *REIMB. ILPERS CONFR.95.00 8100.61755 SCHOOLMASTER, TIMOTHY L AIRFARE REIMB. NCPERS CONF 219.40 9,279.58 9,279.58 1,532,934.48 Page 44 of 469 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment General Various Various RecTrac Refunds 1,265.40 1,265.40 Insurance Various Various Casualty Loss 3,034.35 Various Various Worker's Comp 49,493.30 Various Various Casualty Loss 1,146.30 Various Various Worker's Comp 15,928.95 69,602.90 NSP2 5059.62486 PowerLink Settlement Svcs. NSP2 Acquisition-Real Estate Close 73,531.75 73,531.75 Sewer 7618.68305 IEPA Loan Disbursement Sewer Imp 219,012.81 7605.68305 IEPA Loan Disbursement Sewer Imp 307,636.02 7622.68305 IEPA Loan Disbursement Sewer Imp 165,695.83 7623.68305 IEPA Loan Disbursement Sewer Imp 291,948.30 7525.68305 IEPA Loan Disbursement Sewer Imp 317,397.49 1,301,690.45 1,446,090.50 Grand Total 2,979,024.98 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/24/2011 Page 45 of 469 Page 1 of 5 Page 1 of 5 For City Council meeting of May 23, 2011 Item A3.1 Business of the City by Motion: Award of Management Contract Parking Garages For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Joellen Earl, Director of Administrative Services Rickey A. Voss, Parking/Revenue Division Manager Subject: Business of the City by Motion to Award the Management and Operation of three (3) Downtown Parking facilities to Central Parking System (CPS), 1 N. LaSalle, Suite 1650, Chicago, IL 60602 Date: May 13, 2011 Recommended Action: Recommend to award Central Parking System (CPS), 1 N. LaSalle, Suite 1650, Chicago, IL 60602 the contract to manage and operate the Sherman Plaza, Maple Avenue and Church Street parking facilities. The contract term is for an initial 2-year and 8 month period beginning May 1, 2011 and terminating December 31, 2013 with two optional 1-year renewals, for a not-to-exceed cost of $1,007,099 for the first eight (8) months of the contract, $1,511,299 for year two (2) and $1,545,977 for year three (3). Not-to-exceed costs for the remaining years of the contract will be established with City Council approval in advance of each new contract year. Funding is provided by the Parking Fund. Revenue Funds: FY2011 Parking Fund by Business Unit BU 7025.53510 - $189,196 BU 7036.53510 - $435,237 BU 7037.53510 - $382,666 Summary: The management contracts for operating the 600-space Church Street Parking Facility, the 1,400-space Maple Avenue Self-Park and the 1,300-space Sherman Plaza Self- Park expired on April 30, 2011. Central Parking System (CPS) who was awarded the Memorandum Page 46 of 469 2 contract in 2006 has agreed to remain on a month-to-month contract basis until a final selection was made for a new three year Not-to-exceed contract. A Request for Proposal (RFP) was prepared by staff Sherman Plaza Self Park Facilities. The RFP was advertised in the Chicago Tribune and Demandstar. Approximately 10 days following the release of the RFP, a mandatory pre-proposal conference was held to answer questions and provide clarifications regarding the RFP requirements. Submittal Requirements - In addition to an overall description of the firm/team’s qualifications, the RFP required that the following items be submitted to assist in determining the most qualified firm: • Similar Contracts/Experience – A listing of at least three other contracts of similar scope and size within the past five years with at least one facility being in the Metropolitan Chicago Area and one facility being greater than 800- parking stalls. The respondents were required to provide commencement dates, duration, type of operation/facility, description of revenue control equipment and references. • Area/Regional Manager – The respondents were required to identify and provide qualifications for the nominated Area Manager directly in charge of the three Evanston parking facilities and his/her supervisor – the firm’s Regional Manager. • Operating Plan – A proposed operating plan was required to include a complete staffing plan for each facility (facility manager/assistant managers, supervisors, customer service reps., bookkeepers, cashiers, custodians, security personnel, etc.) Direct payroll schedules were required by location, job classification, and wage and salary rates. Security and/or custodial subcontractor staffing was also required. • Proformas – Were required for each parking facility for a three year period based on a history of past parking revenues, current parking rates, and each respondent’s recommended insurance program and operating plan. The purpose of this exercise was to make sure that each operator studied Evanston’s market and facility conditions thoroughly. • Transition and Marketing Plan – Respondents were required to develop a Transition Plan to identify benchmarks, timetables, activities, costs and responsible parties for transferring over operations in the three garages. A Marketing Plan was also required. A transition plan was not required of the incumbent. • Audit and Financial Controls & Reporting – A detailed description of how parking revenues from the facility would be secured and audited was required. The report was also to include information on cash and credit card Page 47 of 469 3 handling, financial and statistical reporting process, and actual forms and invoices used in daily activities. • Operations and Procedures Manual – The selected operator will be expected to prepare for the City an operating manual to reflect the standards of performance as agreed between the Operator and the City by December 30, 2011. O&P Manuals generated for other customers were referenced and described. • M/W/EBE Goals – Respondents were advised of the City’s 25% goal for M/W/EBE participation and utilization. Evaluation Criteria - Selection was based on the following evaluation criteria and weightings: 1) Qualifications and Expertise (20%) 2) Organization and Completeness of Proposal (20%) 3) Operating Plan (10%) 4) Proformas - Cost (30%) 5) Transition and Marketing Plan (10%) 6) M/W/EBE Utilization (10%) Selection Process - The review panel consisted of Jewell Jackson, Purchasing Manager, Lou Gergits, Interim Finance Division Manager, Rickey A. Voss, Parking/Revenue Division Manager and Mark Turenne, Parking Facilities Supervisor. A total of six (6) proposals were submitted: CPS Parking, Standard Parking, InterPark, Inc., Ampco System Parking, LAZ Parking Chicago, LLC and Republic Parking System. Based on the total scores of the review panel (scoring sheet attached), the six (6) firms were ranked in order of scoring: CPS was unanimously recommended for selection by the review panel. Page 48 of 469 4 Contract Negotiation/Cost Analysis – Following selection, City staff met with CPS to finalize the operating/staffing plan, marketing plan, M/W/EBE and cost schedule. The cost associated with the management and operations of these facilities is discussed below. • Management Fee - Under the terms of the proposed contract, the City will pay CPS a fixed monthly management fee of $2,750/month for the term of the contract and reimburse CPS for operating expenses. • Not-to-Exceed Contract Costs – The CPS not-to-exceed contract prices, including management fees, are well within the City’s approved operating budget for FY2011. • Final Negotiated Costs for Management Fee and Operating Expenses – The City will continue to provide snow removal, power washing and de-icing chemicals for the garages which reduces the Management and Operating expenses proposed by CPS from $4,217,330 to $4,064,375 over 32 months.. The City reserves the right to remove or add to the operating expenses during the term of the entire contract. M/W/EBE Participation - CPS will exceed the City’s 25% M/W/EBE goal by utilizing Monterrey Security (certified MBE) for all security services and Professional Building Maintenance, Inc. (certified WBE) for certain maintenance services. In addition CPS currently employs two (2) Evanston Residents as Customer Service Representatives (CSR) and Monterrey Security employs two (2) Evanston residents at the downtown garages. The firm’s participation schedule and supporting documentation have been reviewed and approved by Lloyd Shepard, Business Development Coordinator. City Relationship/Qualification/Ease of Transition – CPS is an international leader in the parking management industry with over 3,400 parking facilities in 37 states. They also operate numerous parking facilities in the Chicago metropolitan area. As the current vendor, CPS provides excellent customer service, keeps the facilities in great condition, and has met all contract requirements. Choosing CPS also eliminates any concerns over transitions to new staff, systems, or software. • Cost Savings – Since combining the management of all three parking facilities in 2006, CPS has managed their employees, subcontracts and other resources more efficiently to eliminate operational redundancies and maximize economies of scale. • M/W/EBE Goals Exceeded – Through subcontracting, CPS will exceed the City’s 25% M/W/EBE goal (40%) • Operational Improvements at Maple Avenue – CPS has taken a proactive approach to addressing traffic issues at Maple Avenue by staffing trained traffic control officers at the Maple Avenue Entry/Exit on Friday and Saturday evenings and ensuring that the proper utilization of gates and other devices to direct and control the parking levels are part of their overall operating procedure to improve the ease of exiting and utilization of the University Street entry/exit - particularly during event parking periods. Page 49 of 469 5 Analysis: The following table provides an overview of costs provided by firms that participated in the RFP process. Costs are a reflection of the overall contract period of May 1, 2011 – December 31, 2013. CPS REPUBLIC AMPCO STANDARD INTERPARK LAZ FY2011 (8 months) Operating Expenses 1,021,267 1,065,548 999,418 1,298,525 1,370,497 1,403,188 Management Fee 22,000 6,000 18,192 43,332 51,999 24,000 FY2012 Operating Expenses 1,536,114 1,588,870 1,752,561 1,983,753 2,048,486 2,171,587 Management Fee 33,000 36,000 31,188 65,001 77,639 39,600 FY2013 Operating Expenses 1,571,949 1,633,579 1,792,835 2,010,051 2,080,010 2,241,008 Management Fee 33,000 36,000 31,188 65,001 78,202 43,200 Total 4,217,330 4,365,997 4,625,382 5,465,663 5,706,833 5,922,583 A cost of personnel only analysis is provided if the City was to retain control and provide Customer Service Representatives (CSR), Porters and Security Staff. Management and Clerical staff are not included in the analysis. The analysis is based on current bargaining agreement mid-range rate for a CSR, Public Works Custodial Worker, and Parking Enforcement Officer. Calculations are based on the number of total hours of services provided by the vendor. These figures include benefits and on the City side include a maximum expectation of a wage increase of 2% for Fiscal Years 2012 and 2013. FY2011 FY2012 FY2013 Total (5/1 - 12/31-2011) (1/1-12/31/2012) (1/1-12/31/2013) (5/1 2011 - 12/31/2013) City Staff Projected Payroll 1,091,441 1,668,699 1,701,793 4,461,933 CPS Projected Payroll 840,132 1,261,248 1,291,126 3,392,506 Projected Savings:251,309 407,451 410,667 1,069,427 Given the continued decrease in CPS contractual costs, and the satisfactory performance provided, staff recommends that the City continue with an outsourced management solution for the City’s three parking structures. Attachments: M/W/EBE Memo Copy of CPS Contract Page 50 of 469 To: Rickey A. Voss, Parking Manager From: Lloyd W. Shepard, Business Development Coordinator, Community & Economic Development Department Subject: RFP No. 11-66, Management and Operation of Three Self Park Facilities Date: May 16, 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 established a goal for general contractors to utilize M/W/EBEs to perform 25% of the awarded contract. The M/W/EBE schedules and supporting documentation submitted by CPS Parking Services (CPS) for the subject bid have been reviewed in accordance with the City of Evanston Specification for M/W/EBE Participation. CPS’s M/W/EBE participation meets initial compliance with an M/W/EBE utilization of 29.8%. CPS must also meet interim and final compliance. Interim compliance is achieved by utilizing the scheduled M/W/EBE subcontractors during the course of the project. Final compliance is based upon the final amounts paid to the scheduled M/W/EBEs as determined by all partial and/or final waivers of lien or cancelled checks. Other documentation could be requested by the City to verify the scheduled firms’ utilization. CPS’s base bid is $4,064,375.00. Listed below are the scheduled M/W/EBEs. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Monterrey Security 2232 S. Blue Island Chicago, IL. 60608 Security Personnel $1,144,355.00 28.0 X Servon Group Inc. 4625 N. 25th Avenue Schiller Park, IL. 60176 Building Maintenance $74,528.00 1.8 X Total M/W/EBE $1,218,883.00 29.8 Finally, within 15 calendar days after the Notice to Proceed has been issued to CPS, copies of the subcontracts between the M/W/EBEs and CPS must be submitted to the Business Development Coordinator, Community & Economic Development Department. Failure by the prime contractor to submit copies of the subcontracts could delay payment of progress payments or final payment. Memorandum Page 51 of 469 20090429 1 MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (“Agreement”), entered into as of __________ day of _____________, 2011, is between The City of Evanston herein called “Client” and Central Parking System of ___________, Inc. a ______________ corporation, herein called “Manager”: WITNESSETH: 1. Parking Facility: Client hereby contracts with Manager under the terms, conditions, and provisions hereinafter set out for Manager to operate a certain parking garage located in _____________________(city, state), at _____________(street address) known as ___________________, which will hereinafter be referred to as the “Parking Facility”. The Parking Facility is to be operated by Manager as a commercial parking garage, and shall be used for no other purpose without approval of Client. 2. Term: The term of this Agreement shall commence on ______________________, and shall continue in effect for a period of ___________ months from said date. Upon completion of the initial term of this Agreement, and again on every subsequent anniversary date, this Agreement may be renewed for, two (2) additional one-year periods, unless either party shall give written notice to the other, at least sixty (60) days prior to the expiration of the initial term or any renewal hereof, that the Agreement shall not be so extended. In the event this Agreement is terminated for any reason prior to ________, Client shall pay to Manager the unamortized portion of any capital improvements made to the Parking Facility by Manager and any equipment purchased for Client by Manager, provided such improvements and equipment have been authorized by Client. Set forth on Exhibit __ hereto is an initial list of such improvements and equipment. 3. Space Allocations: Manager agrees to set aside the necessary space to protect commitments made in connection with the operation of the Parking Facility. Manager agrees to honor any allocations of space that Client deems necessary, and to operate the Parking Facility in a manner consistent with satisfying the parking demands as efficiently as possible. 4. Assignment: This Agreement shall not be assigned or subcontracted in whole or in part without the written consent of Client, which consent shall not be unreasonably denied. 5. Definitions: Gross Revenues, Operating Expenses, and Operating Surplus are defined as follows: (a) “Gross Revenues” shall include all revenues received by Manager or Client and the value of all discounted, validated and free parking granted by Client Page 52 of 469 20090429 2 from the parking of vehicles in the Parking Facility, as well as income from vending machines, pay telephone commissions, and other income approved by Client, excluding (i) all sales taxes or other charges required to be remitted to any governmental agency, and (ii) credit card service fees. Any revenues collected directly by Client shall be accurately reported to Manager. (b) "Operating Expenses" shall include all the expenses of providing the management services as set forth in the one-year Approved Budget, a copy of which is attached hereto as Exhibit "C," other than (i) expenses of a capital cost nature; (ii) those expenses to be borne by Manager (set forth in Exhibit A); and (iii) those expenses to be borne by Client (set forth in Exhibit B). Attached hereto as Exhibits D and E, respectively, is information related to expenses allocated to Client for insurance and for Manager’s retirement benefits. Operating Expenses shall include but shall not be limited to: 1) Wages of supervisory personnel assigned or allocated to the Parking Facility, attendants, cashiers, clerical and audit staff and a charge from Manager for employee benefits including, but not limited to payroll taxes, social security, workers’ compensation insurance, unemployment insurance, group health insurance, and retirement benefits, and a fee for administering such benefits; 2) Telephone expenses; 3) Business taxes, other than franchise taxes on income or profits; 4) License and permits; 5) Advertising and promotion costs; 6) Insurance to the extent required of Manager in this Agreement; 7) Sundry items such as uniforms, tickets and janitorial supplies; 8) Payroll processing and accounts receivable processing expense; 9) Voluntary settlement of patrons’ claims for vehicle damage or loss of contents provided that the same has been authorized by Client and approved by Manager; 10) Normal maintenance and repairs of the Parking Facility including snow removal, repainting of stall markings, replacement or repair of signs and ticket dispensing equipment; Page 53 of 469 20090429 3 11) Legal or audit charges directly attributable to the operation of the Parking Facility other than those performed by the staff of Client or Manager if approved in advance by the Client; 12) Costs of special audits performed by Manager’s staff auditor for the mutual benefit of Client and Manager; provided, however, that the time and manner of the taking of the audit is approved by Client in advance. Costs qualifying as Operating Expense shall be limited to a mutually agreed upon per diem rate and actual out-of-pocket expenses of the auditor during the period of an approved special audit; 13) Payment of the “deductible” amount of insurance claims settlement, and payment of claims in excess of policy limits; 14) Costs of any drug or alcohol screening, DMV reports and background checks of employees and applicants for employment; and 15) Costs of compliance with the Payment Card Industry Data Security Standards as set forth in Exhibit F attached hereto. (c) “Operating Surplus” shall be defined as “Gross Revenues” less “Operating Expenses.” 6. Budget: At least 45 days prior to the commencement of the next contract year, Manager shall prepare and submit to Client for its approval a proposed operating budget for the next year. The proposed budget shall include all expenses to be paid by Manager in the operation of the Parking Facility and shall include an automatic adjustment tied to the Consumer Price Index for all Urban Consumers (CPI-U). In the event the parties cannot agree on the proposed budget by the beginning of the new contract year, Manager shall utilize the last Approved Budget, adjusted by the CPI-U until such time as the proposed budget is approved. Manager shall not, without first obtaining the prior written approval of Client, incur any expense item in excess of the greater of One Thousand Dollars ($1,000) or 110% of the budgeted amount, unless such item is necessitated by an emergency which does not permit Manager to obtain the prior written approval of Client; provided Client shall be informed as soon as practicable of any such expenditure. Client reserves the right to remove or add to expenses listed under “Other Expenses” in Exhibit ‘C’. 7. Consulting Services: Manager shall provide consulting and advisory services to Client concerning the Parking Facility without additional charge except for reimbursement of out-of-pocket expenses such as postage, printing and supply charges, phone charges, drafting expenses in connection with the performance of services requested or required by Client, and similar out-of-pocket expenses. Such expenses shall be supported by cash receipts or other documentary proof of payment. Page 54 of 469 20090429 4 8. Collections and Disbursements: Manager will use methods widely accepted in the parking industry to collect or cause to be collected all of the gross receipts from the operation and use of the Parking Facility, but Manager is not a guarantor of revenues. The gross receipts shall be deposited into a bank account designated by Client (“Client’s Depository Account”) as set forth on Exhibit G. For each month commencing with the date of this Agreement Manager’s fees shall consist of a minimum monthly fee (“Base Fee”) in the amount of ______________, plus an amount equal to _____________ percent (______%) of monthly Operating Surplus, in excess of ________________________($_________). The Base Fee shall remain the same for the Thirty-two (32) month period and increased annually thereafter on each anniversary date of the option years of this Agreement by the greater of (a) three and one-half percent (3.5%) or (b) the percentage increase in the CPI-U over the most recently reported 12-month period. On or before the 20th day of the next succeeding calendar month, Manager shall submit a report to Client listing Gross Revenues generated and Operating Expenses incurred in the preceding calendar month (the “Monthly Report”). Client shall remit to Manager on the first of each calendar month one twelfth (1/12) of the projected annual expenses based upon the mutually agreed upon budget. Annually within 45 days after the calendar year a reconciliation will be completed with any overages having been paid to Manager to be returned to Client and any shortages will be reimbursed to Manager from Client. 9. Operations: Manager agrees to operate the Parking Facility in an efficient manner and on days and hours customary in the trade, commensurate with parking demand in the area. Such operation shall be continuous unless Client shall otherwise. Charges for parking in the Parking Facility will be commensurate with the demand for parking space and in accord with existing parking rates in the area. The rates shall not be varied without approval of the Client. 10. Record Retention: Manager agrees that it will keep records of Gross Revenue and Operating Expenses pertaining to the operation of the Parking Facility for one (1) year, and Client’s rights of action against Manager related to revenue, expense or books and records shall be co-terminus with the above record retention period. Client shall be allowed to retain reports delivered to Client during the term of this Agreement, but nothing contained herein shall give Client the right to any of Manager’s proprietary information. 11. Not a Partnership: It is understood and agreed that Manager shall in no event be construed to be a partner, fiduciary or associate of Client in the operation of Page 55 of 469 20090429 5 the Parking Facility or in the conduct of Client’s business thereon, nor shall Manager be liable for any debts incurred on behalf of Client. 12. Maintenance: Client agrees to maintain the sidewalks and curb cuts adjacent to the Parking Facility in accordance with applicable municipal statutes. Client shall also be responsible for all Parking Facility repairs of a structural nature including, but not limited to: electrical, plumbing, pavement repair, painting of the structure, replacement of all mercury or sodium lighting tubes and ballasts, repairs to the walls and floors of the Parking Facility, booths, sinkholes, and maintenance of ventilation system, overhead doors and elevators; and Client shall enter into any and all third party vendor contracts, including but not limited to elevator maintenance contracts and fire safety contracts. Manager agrees to use reasonable diligence in the care and protection of the Parking Facility during the term of this Agreement and to surrender the Parking Facility at the termination of this Agreement in as good condition as received, ordinary wear and tear and other casualty excepted. Any structural, mechanical, electrical or other installations or any alterations required by statutes or regulations pertaining to air quality, environmental protection, provisions for persons with disabilities or other similar governmental requirements shall be the sole responsibility of Client. 13. Laws and Ordinances: Manager agrees to keep the Parking Facility at all times in clean, presentable and sanitary condition and not to permit anything thereon which would vitiate any insurance carried by Client on the Parking Facility. Manager further agrees to comply with all governmental laws, ordinances and regulations pertaining to the conduct of Manager’s business thereon. Manager shall cooperate with Client regarding Client’s duty to respond to Illinois FOIA requests for documents pertaining to Manager’s Agreement with the Client. 14. Insurance: Manager agrees to carry public liability insurance in such minimum amounts as shown below, to pay all the premiums thereon when due, and to cause such insurance to include the Client as additional insured thereunder with respect to the negligent, reckless or careless acts or omissions of Manager, Manager’s agents, servants or employees. The insurance provided herein by Manager does not provide coverage for the negligent acts or omissions of Client, the owner of the Parking Facility, or any third party not related to Manager. Please see Exhibit D attached hereto. Commercial General Liability $1,000,000 combined single limit each occurrence for bodily injury and property damage. Garagekeeper’s Legal Liability $1,000,000 combined single limit each occurrence Page 56 of 469 20090429 6 Automobile Liability $2,000,000 combined single limit each occurrence Umbrella Excess Coverage $10,000,000 Crime: Policy Limits: $50,000 commercial blanket $50,000 broad form money inside $50,000 broad form money outside Workers’ Compensation: Policy Limits: Coverage A – Statutory Coverage B - $100,000 Manager shall promptly send to Client a certificate of insurance evidencing these coverages. Client shall obtain and maintain liability insurance on elevators in the Parking Facility naming Client and Manager as insured. The Manager or its officers, agents, and employees shall be responsible for any and all damages to property or persons arising out of a negligent act, error and/or omission in the Manager’s performance of this Agreement. Notwithstanding the above, (i) Client hereby waives all rights of recovery, if any, against Manager in excess of Client’s seventy-five thousand ($75,000.00) for damage to, or destruction of, any Parking Facility in the event such damage or destruction is caused by fire or other casualty which can be covered under a standard fire and extended coverage insurance policy; and (ii) the insurance deductibles set forth elsewhere in this Agreement shall be paid as an Operating Expense. Manager shall obtain and maintain a contingent fire and extended casualty policy covering the three Parking Facilities in the amount of $75,000 in the event Manager is found liable for damage or destruction of a Parking Facility, and shall include Client as an additional insured on such policies. A certificate evidencing such policy shall be delivered to Client. Client shall obtain All Risk Property Damage insurance covering the Parking Facility and the equipment contained therein. All insurance coverages are subject to a “deductible” chargeable to the operations as an Operating Expense, which amount shall not exceed $2,500, except Workers’ Compensation which deductible shall be $0, and insurance for stolen vehicles, which deductible shall be $5000. The deductible amounts and insurance premiums may be changed upon 60 days written notice to Client. Page 57 of 469 20090429 7 Manager currently carries a $250,000 self insured retention on the liability policies referred to above. It is understood that the liability policies carried by Manager as noted above do not provide coverage for any claim pertaining to security issues or services. Any losses not covered by the above insurance shall constitute expenses of the Client. 15. Indemnification: Manager shall defend, indemnify and hold Client harmless from and against any and all actions, costs, claims, losses, expense and/or damages, sustained by Client attributable to the recklessness, carelessness, or negligence of Manager or any of its agents, servants, contractors or employees from any cause, including, without limitation by specification, property damage and/or injury or death to any person or persons. Client shall defend, indemnify and hold Manager and its affiliated entities harmless from and against any and all actions, costs, claims, losses, expense and/or damages, sustained by Manager attributable to the recklessness, carelessness, or negligence of Client or any of its agents, servants, contractors or employees from any cause, including, without limitation by specification, property damage and/or injury or death to any person or persons. It is agreed that any actions, costs, claims, losses, expenses, and/or damages resulting from design or structural faults or defects are the responsibility of Client. Client acknowledges that Manager’s obligations hereunder do not include the rendering of service, supervision, or furnishing of personnel in connection with the personal safety and security of any persons within or about the Parking Facility, nor does any insurance provided by Manager cover such claims. Manager has no knowledge or expertise as a guard or security service, employs no personnel for that purpose, and Manager’s employees do not guard or protect customers or any other persons or property against the intentional acts of third parties. Client shall determine, in its discretion, the extent to which precautionary warnings and security devices or services may be required to protect persons in and about the Parking Facility; and Client shall enter into all third party contracts related to security of the Parking Facility. Client agrees to defend, indemnify and hold Manager harmless from all claims and causes of action on account of Client's failure to provide liability insurance to cover such claims and causes of action in the amount of not less than One Million Dollars ($1,000,000) per incident, and to name Manager as additional insured on such policies. Client agrees to deliver Manager a certificate of insurance showing that such insurance is in effect. The failure to secure adequate insurance shall not serve to relieve Client of this requirement. Client agrees to reimburse Manager for any expense or cost the latter incurs in defense of any claim, action, proceeding or charge against Manager or Client jointly or severally arising out of or based upon any law, regulation, requirement, contract or award relating to hours of employment, working conditions, wages and/or compensation of employees or former employees of Manager at the Page 58 of 469 20090429 8 Parking Facility, provided Manager is not found to be at fault. It is agreed that any judgments, awards or settlements arising out of such claims, actions, proceedings or charges that represent wage payments are to be treated as Operating Expenses. It is understood and agreed that the Parking Facility is burdened with pipes, conduits, and lines necessary for utility services to Client’s building. Client does hereby agree to save harmless, protect, and indemnify Manager from and against any and all liability, claims, causes of action, and costs, including loss of revenue by Manager, arising from, out of, or because of, the existence of pipes, conduits, and lines in the Parking Facility unless the same shall result from negligent actions of Manager, its servants, agents, or employees. Manager will be responsible for vehicles for which a ticket has been issued and for those vehicles which are to be parked by Manager in the Parking Facility. Customer vehicles that are parked by Manager in the Parking Facility are the responsibility of the Manager from the time they arrive at the front drive until the time they are returned to the customer. It is understood and agreed that certain customers may wish to leave their vehicles in the charge of the hotel doorman (or other hotel employee) rather than having said vehicles parked by the valet service to be provided by Manager. Any loss of or damage to vehicles left with the hotel doorman or other hotel employee will be the responsibility of Client. The Client will be responsible for vehicles that are in the front drive that are not to be parked in the Parking Facility or for which a claim ticket has not been issued by Manager. The party responsible for loss of or damage to vehicles as outlined above will be responsible for handling the defense of both the Manager and Client in the event of any claim being presented based upon loss of or damage to customer vehicle. 16. Default: Either party shall have the right to terminate this Agreement in the event the other party has failed to perform any of the terms and conditions specified herein, if said failure has been called to the attention of the responsible party in writing and that party has not corrected said failure within thirty (30) days of receipt of written notice (except as is provided in paragraph 8 above). In the event of such termination, Manager agrees to vacate the Parking Facility by midnight of the thirtieth (30th) day after delivery of said notice. In the event a suit is brought as a result of a default or breach of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, court costs and expenses from the other party. Notwithstanding the above, in the event Manager intentionally fails to fully and faithfully deposit all the receipts from the operation of the Parking Facility or intentionally fails to disburse same only in the manner provided for herein, or in the event Manager shall become bankrupt or insolvent, or suffer the appointment of a receiver, or make an assignment for creditors, Client shall have the right to forthwith terminate this Agreement, regain immediate possession of the Parking Facility, and hold the Manager liable for any damages resulting to Client. Page 59 of 469 20090429 9 17. Right to Enter: Client shall have the right to enter and inspect the Parking Facility at all reasonable times. 18. Personnel: Client and Manager agree that, during the term of this Agreement, all personnel employed by Manager to operate the Parking Facility shall be solely the employees of Manager and shall have no contractual relationship with Client. In addition, Client agrees, during the term of this Agreement, for six (6) months after Manager’s employee departs, and for a period of six (6) months after termination or expiration of this Agreement, that it will not hire or attempt to hire or allow to work under the supervision of a third party, any personnel of Manager, nor will Client enter into any negotiations, communications, or other actions which have as their intended consequence the inducement for any such person to enter the employ of Client, in any capacity whatsoever. 19. Not a Lease: Notwithstanding all provisions of this Agreement, it is mutually understood between the parties hereto, that this Agreement shall not in any way be construed to be a lease, but is merely a recitation of contract provisions. 20. Notice: Notice to both Client and Manager shall be sent by certified mail, return receipt requested, or by a nationally recognized overnight courier service, to the following addresses: If to Client: _____________________ _____________________ _____________________ If to Manager: Copy to: President and CEO Office of General Counsel Central Parking System, Inc. Central Parking System, Inc. 2401 21st Avenue South 2401 21st Avenue South Nashville, TN 37212 Nashville, TN 37212 All notices shall be deemed given upon confirmed receipt or rejection thereof. Either party may, by such notice, designate a new or other address to which notice may be delivered. 21. Miscellaneous: The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that in the event the provisions of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing this Agreement shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the Page 60 of 469 20090429 10 party who itself or through its agent prepared the same, it being agreed that all parties to this Agreement participated in the preparation of this Agreement. Any person, firm or corporation who may acquire an interest in the Premises managed hereunder, or in the improvements thereon, shall take notice of all the terms and conditions set out herein as well as the covenants referred to herein, and shall be bound thereby. IN WITNESS WHEREOF, Client has caused this instrument to be executed in its corporate name by its duly authorized officer, and Manager has hereunto set his hand the day and date first above written. CLIENT: ___________________________ By: ________________________ Name: _____________________ Its: ________________________ Approved: MANAGER: CENTRAL PARKING SYSTEM OF _____________________, INC. By: ________________________ By: ________________________ Name: _____________________ Name: _____________________ Its: ________________________ Its: ________________________ Approved as to form: ________________________ Legal Counsel Page 61 of 469 20090429 11 EXHIBIT A EXPENSES OF MANAGER 1. Salaries, travel and accommodation expenses of all executive personnel of Manager. 2. General and administrative expenses of Manager not allocable directly to operations at the Parking Facility. 3. Personal property taxes of Manager’s property. Page 62 of 469 20090429 12 EXHIBIT B EXPENSES OF CLIENT 1. Real and personal property taxes of Client’s property. 2. All claims, expenses and/or damages arising from, or caused by structural or design deficiencies or by improper work or supervision during construction including, without limitation, settlement, collapse or inadequacy of structure or equipment, and all repairs related thereto. 3. Debt service with respect to land, building and equipment. 4. Costs of legal and auditing fees of Client. 5. Salaries and wages of all employees of Client. 6. Costs incurred by Client in the supervision of obligations of Manager. 7. Costs of maintaining elevators, sprinkler and ventilation systems. 8. Utilities expense of the Parking Facility. 9. Capital expenditures, improvements, alterations, additions and all new equipment, including all architectural and engineering fees in connection therewith. 10. Costs of payroll and equipment of security personnel. 11. Cost of premiums for fire and extended coverage insurance. Page 63 of 469 20090429 13 EXHIBIT C APPROVED BUDGET Page 64 of 469 20090429 14 CENTRAL PARKING SYSTEM Insurance Programs Central Parking System (“CPS” or the “Company”) purchases insurance covering certain types of claims relating to its operations, including commercial general liability, garagekeeper’s legal liability, worker’s compensation and employee medical coverage. As a result of the Company’s track record in controlling claims costs and its ability to “spread the risk” across its entire portfolio of operations, CPS purchases insurance at rates that typically are more favorable than the rates for individual parking facilities. Like many larger companies, CPS purchases insurance with relatively high deductibles or self insured retentions. For example, the per occurrence retention under the Company’s commercial general liability policy currently is $250,000 (subject to change). This means that CPS is self-insured for all claims costs up to the retention level. This also means that the insurance premiums paid by CPS represent only a portion of the total costs of its insurance programs. Additional costs include claims expenses up to the retention level as well as numerous administrative expenses. The Company engages third party administrators to handle general liability, worker’s compensation and employee medical claims. In addition, the Company maintains a staff of experienced adjusters to handle its garagekeeper’s legal liability (automobile property damage) claims and a benefits department to assist in handling medical claims. To professionally manage its liability and worker’s compensation programs, CPS maintains a risk management department. The Company also engages an outside actuary to review its claims experience and loss development to assist the Company in determining the appropriate amount of claims expense to record in accordance with Generally Accepted Accounting Principles. Under its management contract, CPS charges clients rates for its insurance programs that it believes are reasonable for the risk assumed and competitive with the market. In determining these rates, the Company takes into consideration all of the costs incurred in connection with these programs. These rates are also designed to compensate the Company for the significant risk it assumes by agreeing to pay covered claims costs up to the retention level other than a low, pre-negotiated amount charged to clients for liability claims. Moreover, CPS remains at risk for a number of years after any given policy period due to the lengthy period of time required to resolve many claims and the ability of claimants to make a claim or file suit years after an incident under the laws of many states. Historically, the rates charged by the Company to its clients have exceeded, in the aggregate, the total costs of its insurance programs; however, given the inherent risks and uncertainties of claims, which include the potential for a single claim to result in costs in excess of the per occurrence retention, the Company may incur significant losses at a particular facility. In addition, changes in actuarial valuations of expected claims costs can result in significant additional charges well after the close of a given policy year. EXHIBIT D Page 65 of 469 20090429 15 The liability insurance purchased by CPS for its operations includes both commercial general liability, which is designed to cover certain claims by third parties such as personal injury claims, and garagekeeper’s legal liability, which is designed to cover certain property damage claims. The insurance covers claims arising out of CPS’ negligence. The insurance is not intended to provide coverage for acts of negligence by the client. The Company’s clients have the option of purchasing their own liability insurance policies to cover claims related to the operation of the parking facility by CPS (provided that CPS is named as an additional insured pursuant to an additional insured endorsement and the client provides the appropriate indemnification in the management agreement), but historically, most of the Company’s clients have chosen to be included as an additional insured under CPS’ master liability insurance policies. For these clients, CPS also typically pays all of the costs related to covered claims up to the per occurrence retention other than a relatively low, pre-negotiated amount per occurrence paid by the client. Workers’ Compensation - CPS charges clients a percentage of payroll for workers’ compensation that is equal to the applicable state’s residual market rate, as actuarially determined by the state’s workers’ compensation rating bureau, except for those few states that do not publish a residual market rate. In those states, CPS charges its insurance carrier’s state approved workers’ compensation rate or state approved specialty rate. CPS’ employees fall under National Counsel of Compensation Insurers (NCCI) Class 8392 which covers “Automobile Storage Garage, Parking Lot or Parking Station, Valet Service, Cashiers or Counter Personnel & Drivers.” In those few states that do not utilize the NCCI, CPS utilizes an equivalent rating bureau and classification code. With respect to employee medical coverage, CPS makes available to substantially all of its full-time employees (following a 90-day waiting period) a healthcare plan. This plan provides both scheduled benefits as well as major medical coverage, and currently has a $1 million per employee limit (the per employee limit and other terms and conditions of the plan are subject to change). Participants are required to pay a premium but the Company is responsible for the majority of Plan costs. The charge made by CPS to its management clients for employee medical coverage is based upon the Company’s total costs for providing the Plan and on market conditions, with charges varying by city. If you have any questions about the methodology we employ for charges related to our insurance programs, please feel free to contact the Legal Department at 615-850-6227. Page 66 of 469 20090429 16 Central Parking System Retirement / 401(k) Plan For over 30 years, Central Parking System (“CPS” or the “Company”) has provided a retirement plan to its employees. The Company is committed to providing to its employees a retirement vehicle that can serve as a significant component of employees’ retirement planning. CPS currently provides its employees an ERISA- qualified 401(k) Plan (the “Plan”). Participants in the Plan can choose from a variety of investment options. The Company allows eligible employees to sign up for the Plan each quarter and provides an annual open enrollment period. The Company has engaged a nationally known retirement plan administrator, to serve as the trustee and administrator of the Plan. The Company also has engaged a Plan advisor who assists the Company in complying with all applicable legal requirements and in monitoring the performance of the Plan’s investment options. In accordance with the requirements of ERISA, audited financial statements are prepared annually and filed with the U.S. Department of Labor. The Plan currently provides for employee participation after one year of employment with matching contributions by the Company based upon a 100% match of the first 3% of payroll and a 50% match of the next 2% of payroll for a maximum Company match of 4%. Company matching contributions are 100% vested when made. Terms and conditions of the Plan and the Plan administrator are subject to change. The level of employee participation (and hence, employer contributions) can vary widely from location to location and from year to year. As a result, CPS charges a flat 2.5% of location payroll which on a company-wide basis provides adequate funding of the Company’s obligations. The Company believes this charge is very competitive and less than the retirement charges of many companies. If you have any questions about the methodology we employ for charges related to the Plan, please feel free to contact the Legal Department at 615-850-6227. EXHIBIT E Page 67 of 469 20090429 17 EXHIBIT F CREDIT CARD SECURITY OBLIGATIONS: Manager currently maintains a merchant agreement (“Merchant Agreement”) with a national credit card processor to facilitate the acceptance of credit cards for payment at its parking operations, and is willing, during the Term hereof, to extend the benefits of the Merchant Agreement (or any subsequent Merchant Agreement) to Client, subject to the following provisions: A. All credit card processing equipment and networks must meet all PCI DSS standards (as defined herein) as evidenced by the inclusion of the equipment on Visa’s “Validated Payment Applications” list, as well as any and all standards required by federal or state law, throughout the duration of the Term hereof. Manager and Client covenant and agree to comply with Visa’s Cardholder Information Security Program/CISP, MasterCard’s Security Data Program and SDP Rules, and with all other credit card association or National Automated Clearing House Association (NACHA) rules or rules of member organizations, and further covenants and agrees to maintain compliance with the Payment Card Industry Data Security Standards (PCI DSS), MasterCard Site Data Protection (SDP), and (where applicable) the VISA Payment Application Best Practices (PABP) (collectively, the “Security Guidelines”). All credit card equipment service providers that Manager or Client use under the Contract must be recognized by VISA as compliant with PABP. Manager and Client further agree to exercise reasonable due diligence to ensure that all of their Managers, agents, business partners, contractors and subcontractors maintain compliance with the Security Guidelines. B. Manager shall not retain or store CVV2/CVC2 data subsequent to authorization of a credit card transaction, shall prohibit disclosure of any and all cardholder information, and in the event of a compromise of credit card information of any kind by Manager, Manager shall immediately notify Client in writing, and shall provide, at Manager’s sole expense, all necessary and appropriate notification to parties and persons affected by such disclosure and compromise. C. Client shall not retain or store CVV2/CVC2 data subsequent to authorization of a credit card transaction, shall prohibit disclosure of any and all cardholder information, and in the event of a compromise of credit card information of any kind by Client, Client shall immediately notify Manager in Page 68 of 469 20090429 18 writing, and shall provide, at Client’s sole expense, all necessary and appropriate notification to parties and persons affected by such disclosure and compromise. D. To the extent any upgrades, or system changes, may be required to comply with credit card processor changes or changes to the PCI DSS standards, Client agrees to approve and allow implementation of such upgrades prior to the effective date of such changes. If Client refuses, or fails, to implement such upgrades, Manager will not process credit card transactions for Client. E. In addition to all other defense and indemnity obligations undertaken by Manager under this Agreement, Manager, to the extent that its performance of this Agreement includes the allowance of utilization by members of the public of credit cards to pay monetary obligations to Client or Manager, or includes the utilization, processing, transmittal and/or storage of credit card data by Manager, and to the extent arising from Manager’s negligence or willful misconduct, shall defend, release, indemnify and save and hold Client harmless against any and all fines, penalties, assessments, costs, damages or other financial obligations, however denominated, assessed against Client and/or Manager by credit card company(s), financial institution(s) or by the National Automated Clearing House Association (NACHA) or successor or related entity, including but not limited to, any credit card company fines, regardless of whether considered to be consequential, special, incidental or punitive damages, costs of notifying parties and persons affected by credit card information disclosure, the cost of replacing active credit cards, and any losses associated with fraudulent transaction(s) occurring after a security breach with respect to credit card information, and shall defend, release, indemnify, and save and hold Client harmless from any and all claims, demands, suits, actions, liabilities, causes of action or legal or equitable proceedings of any kind or nature, of or by anyone whomsoever, in any way affected by such credit card data or utilizing a credit card in the performance by Manager of this Agreement. In furtherance of this Manager covenant to defend and indemnify for its negligence and willful misconduct, Manager shall maintain compliance with the Payment Card Industry Data Security Standard (PCI DSS) and with all other requirements and obligations related to credit card data or utilization set out in this Agreement. F. In addition to all other defense and indemnity obligations undertaken by Client under this Agreement, Client, to the extent that its performance of this Agreement includes the allowance of utilization by members of the public of credit cards to pay monetary obligations to Client or Manager, or includes the utilization, processing, transmittal and/or storage of credit card data by Client, and to the extent arising from Client’s negligence or willful misconduct, shall defend, release, indemnify and save Page 69 of 469 20090429 19 and hold harmless Manager, its parent companies, affiliates, officers, directors, employees, agents and contractors (collectively, “Manager Parties”) against any and all fines, penalties, assessments, costs, damages or other financial obligations, however denominated, assessed against Client and/or Manager by credit card company(s), financial institution(s) or by the National Automated Clearing House Association (NACHA) or successor or related entity, including but not limited to, any credit card company fines, regardless of whether considered to be consequential, special, incidental or punitive damages, costs of notifying parties and persons affected by credit card information disclosure, the cost of replacing active credit cards, and any losses associated with fraudulent transaction(s) occurring after a security breach with respect to credit card information, and shall defend, release, indemnify, and save and hold harmless the Manager Parties from any and all claims, demands, suits, actions, liabilities, causes of action or legal or equitable proceedings of any kind or nature, of or by anyone whomsoever, in any way affected by such credit card data or utilizing a credit card in the performance by Client of this Agreement. In furtherance of this Client covenant to defend and indemnify for its negligence and willful misconduct, Client shall maintain compliance with the Payment Card Industry Data Security Standard (PCI DSS) and with all other requirements and obligations related to credit card data or utilization set out in this Agreement. Page 70 of 469 20090429 20 [For use with Owner Depository Accounts only] EXHIBIT G CLIENT’S DEPOSITORY ACCOUNT INFORMATION Bank Account Name: ________________________________________________ Bank Account Number: ______________________________________________ ABA routing Number for ACH Transactions: ___________________________ Bank Contact Name: ________________________________________________ Bank Contact Phone Number: ___________________________________ Page 71 of 469 For City Council meeting of May 23, 2011 Item A3.2 Business of the City by Motion: Water Meter Transmission Units For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services Subject: Contract for Meter Transmission Units Purchase (Bid #12-24) Date: May 13, 2011 Recommended Action: Staff recommends City Council approval of a two-year contract in response to Bid #12- 24 for Meter Transmission Units Purchase to Water Resources Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $58,000. Funding Source: Funding for the contract will be from the Water Fund. In FY 2011, funding is in the amount of $25,100. In FY 2012, funding will be provided in the amount of $32,900. Funding will be provided from two accounts in the Water Fund as follows: Account FY 2011 FY 2012 Total 7120.62230 $16,600.00 $24,400.00 $41,000.00 7120.65070 $8,500.00 $8,500.00 $17,000.00 Total $25,100.00 $32,900.00 $58,000.00 Summary: This contract is for Meter Transmission Units (MTUs) used in the operation of the City’s automatic meter reading system. Materials purchased under this contract will be installed by staff in the City of Evanston water distribution system. In 1999, the City installed a fixed network automatic meter reading system. The system was provided by Hexagram, now owned by Aclara RF Systems Inc. An MTU is attached to every water meter in Evanston. Each MTU contains a radio transmitter that, twice per day, broadcasts the meter reading. Data Collector Units (DCUs) receive the MTU radio transmissions and store the meter readings. The City currently has seven DCUs in various locations throughout Evanston. Daily, each DCU sends its meter Memorandum Page 72 of 469 reading information to the Network Control System at the Evanston Water Utility. The Network Control System then downloads the meter readings to the billing system. The original MTUs came with a 7 year warranty for the battery life, but were expected to have a 15 year battery life. The system is now 12 years old, and staff is seeing an increase in battery failures. While a large-scale 3 year replacement of all MTUs is proposed to begin in FY 2013, it is necessary to replace those MTUs that are currently failing in order to keep the system operational. This contract currently under consideration is for two years, with an optional one-year contract extension. No pricing escalation is allowed during the first two years of the contract. Currently MTU replacements are performed by in-house staff. The bid for Meter Transmission Units was advertised on April 21, 2011 and advertised in the Evanston Review and on Demandstar. Bids were opened and publicly read on May 10, 2011. Two bids were received. The contractors submitting bids were as follows: Contractor Information: Contractor Address Aclara RF Systems, Inc. 30400 Solon Rd., Solon, OH Water Resources Inc. 390 Sadler Avenue, Elgin, IL The bids submitted were as follows: Contractor Bid Price Water Resources Inc. $58,000.00 Aclara RF Systems, Inc. Non-responsive Staff is recommending award to Water Resources, Inc. A detailed summary of bids is attached as Exhibit 1. Aclara RF Systems did not provide a bid bond and was therefore deemed non-responsive. The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until July 9, 2011. The bids were reviewed by Lara Biggs, Superintendent of Construction & Field Services. The bids received represent a 7.5-12.5% decrease (depending on the line item) over prices received in FY10-11. A pricing analysis is attached as Exhibit 2. Water Resources Inc. has provided meter repair supplies to the City for many years and staff has been pleased with their products and customer service. Because this contract is for supply of materials only, the M/W/EBE goal was waived. A memo from the Business Development Coordinator is attached. Page 73 of 469 Legislative History: None Attachments: Summary of Bids 2011 to 2010 Price Comparison Memorandum from the Business Development Coordinator Page 74 of 469 Page 75 of 469 Page 76 of 469 Page 77 of 469 For City Council meeting of May 23, 2011 Item A3.3 Business of the City by Motion: Electricity Supply Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Approval of a One-month Extension to the City’s Current Electricity Supply Agreement with MidAmerican Energy Company and Approval of an Electricity Supply Agreement for 23 City Owned Facilities based on Bids to be received on May 23, 2011 Date: May 16, 2011 Recommended Action: Staff recommends approval of a one-month extension to the City’s current Electricity Supply Agreement with MidAmerican Energy Company (4299 NW Urbandale Drive, Urbandale, IA) and approval of an Electricity Supply Agreement with the low, responsive and responsible proposer to RFP 12-23 to supply electrical energy to twenty-three (23) City owned facilities beginning July 1, 2011. The low responsive and responsible proposer will be determined upon receipt of pricing on the morning on May 23, 2011 which will then be presented to Administration and Public Works Committee that night. Funding Source: The cost for electricity is billed to the various accounts that support the buildings / facilities that are purchasing electricity through this agreement. Please see attached Exhibit 1 that lists the buildings / facilities being served by this agreement and the accounts that are being charged. Background: The City entered into an Electricity Supply Agreement with MidAmerican Energy Company (4299 NW Urbandale Drive, Urbandale, IA) in November 2008. The agreement established a purchase price of $0.0686 per kilowatt hour (kWh) and a term through November 2010. A six-month extension of the agreement was executed in October 2010 establishing a purchase price of $0.0551 per kWh and extending the term to May 31, 2011. The Illinois Commerce Commission (ICC) has an approval process for companies that want to supply electricity in the State of Illinois. The Utilities Department prepared a Memorandum Page 78 of 469 Request For Proposal (RFP 12-23) to obtain indicative pricing from twenty-eight Alternate Retail Electric Suppliers (ARES) listed on the ICC website. While receiving these responses, staff was made aware of a ComEd regulation that became effective on December 21, 2010, requiring at least an eighteen (18) calendar day advance notice to switch to a different energy supplier. The City is therefore unable to enter into an agreement with a new energy supplier on May 23, 2011 and have the new supplier begin providing energy on June 1, 2011. Analysis: Staff recommends approval of Amendment 2 to the City’s current Electricity Supply Agreement with MidAmerican Energy Company which would extend the term of the agreement by one month, or until June 30, 2011. This would allow the City to enter into an agreement with a new energy supplier on May 23, 2011 and have the new supplier begin providing energy on July 1, 2011. This schedule allows sufficient time for the new supplier to give ComEd the required eighteen calendar day advance notice for switching suppliers. The one-month extension pricing with MidAmerican can be in the form of a fixed energy rate or a variable rate based on the Pennsylvania, Jersey, Maryland (PJM) day-ahead Locational Marginal Pricing (LMP) hourly index plus $0.00125/kWh. MidAmerican provided an indicative fixed price on May 10, 2011 for this one-month extension at $0.0531 per kWh. Staff will make a recommendation on which pricing option to select based on the actual fixed pricing for the one-month extension received on May 23, 2011. Proposed Amendment 2 and the indicative fixed pricing received from MidAmerican on May 10, 2011 are enclosed as Exhibit 2. Five proposals were received on May 10, 2011 in response to RFP 12-23 as listed below: Supplier Address Ameren Energy Marketing 1710 Gratiot Street, St. Louis, MO 63103 BlueStar Energy Services, Inc. 363 West Erie Street, Suite 700, Chicago, IL 60654 Exelon Energy Company 300 Exelon Way, Kennett Square, PA 19348 Integrys Energy Services, Inc. 500 W. Madison St, Suite 3300, Chicago, IL 60661 MidAmerican Energy Company 320 LeClarie Street, Davenport, IA 52801 Page 79 of 469 Due to the volatile pricing of electricity, which changes hour by hour, suppliers won’t hold purchase prices for more than 24 hours without a considerable risk factor markup. As a result, the pricing provided in these responses are only indicative since the City isn’t entering into an agreement based on these prices. However, the proposals provided information about the Suppliers and indicated each Supplier’s willingness to execute the City’s proposed Electric Supply Agreement. A summary of these responses is shown in Exhibit 3. Integrys Energy Services’ proposal was determined by staff to be non-responsive due to the number of exceptions to the specifications, RFP and proposed agreement they listed which are substantial in nature and unacceptable to the City. The following individuals were part of the committee that reviewed the proposals and helped to prepare the recommendations to the City Council: • Mike Smith, Chairman of the Utilities Commission • David Grumman, Vice Chair of the Utilities Commission • Joel Freeman, former Utilities Commission Chair • Doug Gaynor, Director, Parks, Recreation, and Community Services Department • Catherine Hurley, Sustainability Coordinator • David Stoneback, Director, Utilities Department • Lara Biggs, Superintendent, Construction and Field Services • Jewell Jackson, Manager, Purchasing and Contracts Cost Analysis: As the summary of responses indicates, the City requested indicative pricing to supply energy for four different terms (12, 18, 24 and 36 months) and two different fixed prices: one where the renewable energy component would be six percent (6%), in accordance with Illinois Public Act 095-1027, and the second based on the renewable energy component being twenty-five percent (25%). Part of Public Act 095-1027 requires a renewable portfolio standard requiring that as of June 1, 2010, at least 5% of the power be generated from cost-effective renewable energy resources. This percentage increases by 1% each year until 2015 and then increases annually by 1.5% until 2025 when 25% of the power must come from renewable energy resources. In 2011, the act requires 6% of the energy come from a renewable energy resource. The table below provides a summary of the indicative pricing. A more detailed analysis of the indicative pricing is shown in Exhibit 4. Indicative Pricing based on 6% Renewable Energy Component Term Length 12-month 18-month 24-month 36-month Supplier ($ / kWh) ($ / kWh) ($ / kWh) ($ / kWh) Exelon $0.05000 $0.04773 $0.04735 $0.04764 BlueStar $0.05050 $0.04844 $0.04782 $0.04809 Ameren $0.05247 $0.05019 $0.04965 $0.04989 MidAmerican $0.05310 $0.05110 $0.05020 $0.05030 Page 80 of 469 Indicative Pricing based on 25% Renewable Energy Component Term Length 12-month 18-month 24-month 36-month Supplier ($ / kWh) ($ / kWh) ($ / kWh) ($ / kWh) Exelon $0.05009 $0.04785 $0.04748 $0.04779 BlueStar $0.05100 $0.04894 $0.04832 $0.04859 Ameren $0.05385 $0.05137 $0.05083 $0.05109 MidAmerican $0.05330 $0.05131 $0.05043 $0.05055 All of the proposers provided the lowest indicative fixed price based on the 24-month term and with the 6% renewable energy component. Exelon provided the lowest indicative prices for all term lengths and for both of the fixed price options. The review committee recommends that the 25% renewable energy option be considered if the annual increased cost for this option is within two percent (2.0%) of the total annual energy cost. This would be a very cost effective way of increasing the City’s percentage of energy provided by renewable sources. They also recommend that the Council consider awarding a 36-month term rather than a 24-month term if the increased cost between the 24-month and the 36-month fixed kWh price is less than one percent (1.0%). This recommendation is being made to limit the City’s potential risk due to increased energy costs that may occur over the 24-month term. Electric energy costs are currently at very low prices and as seen in the table below, the cost difference between the 24-month and 36-month term unit prices from all of the proposers is less than 1.0%. Indicative Pricing based on 6% Renewable Energy Component Term Length 24-month 36-month Difference Percent Supplier ($ / kWh) ($ / kWh) ($ / kWh) Difference Exelon $0.04735 $0.04764 $0.00029 0.61% BlueStar $0.04782 $0.04809 $0.00027 0.56% Ameren $0.04965 $0.04989 $0.00024 0.48% MidAmerican $0.05020 $0.05030 $0.00010 0.20% Indicative Pricing based on 25% Renewable Energy Component Term Length 24-month 36-month Difference Percent Supplier ($ / kWh) ($ / kWh) ($ / kWh) Difference Exelon $0.04748 $0.04779 $0.00031 0.65% BlueStar $0.04832 $0.04859 $0.00027 0.56% Ameren $0.05083 $0.05109 $0.00026 0.51% MidAmerican $0.05043 $0.05055 $0.00012 0.24% The cost difference between the 24-month term and 36-month term prices received from Exelon ($0.00029) is less then the cost difference between their prices and the second low prices received from BlueStar ($0.04782 - $0.04735 = $0.00047). Page 81 of 469 If the indicative pricing were the actual pricing, staff would make a recommendation to award the Electricity Supply Agreement to Exelon. Based on the review committee’s recommendations listed above, staff would recommend that the 25% renewable energy fixed price for a 36-month term be the unit price established in the agreement. The cost impact of these recommendations, based on the indicative pricing received from Exelon, is shown in Exhibit 5. Recommendation Summary: The City will be obtaining actionable prices from the four selected vendors on May 23, 2011 and will present them along with an analysis and recommendation for award to the APW / Council during their meetings that evening. Legislative History: None Attachments: Exhibit 1 – City of Evanston Facilities to be supplied Energy under the proposed agreement Exhibit 2 – Proposed Amendment 2 and the indicative fixed pricing received from MidAmerican on May 10, 2011 Exhibit 3 – RFP 12-23 Summary of Responses Exhibit 4 – Summary of the Indicative Fixed Pricing received on May 10, 2011 Exhibit 5 – Impact of Recommendation for 25% Renewable Energy Use and Recommendation for 36-month Term Page 82 of 469 Page 83 of 469 Page 84 of 469 Page 85 of 469 Page 86 of 469 Page 87 of 469 Page 88 of 469 Page 89 of 469 Page 90 of 469 Page 91 of 469 Page 92 of 469 Page 93 of 469 Page 94 of 469 Page 95 of 469 Page 96 of 469 Page 97 of 469 Page 98 of 469 For City Council meeting of May 23, 2011 Item A3.4 Business of the City by Motion: Service Center Locker Room Renovation For Action To: Honorable Mayor, Members of the City Council and Members of the Administration and Public Works Committee From: Douglas J. Gaynor, Director of Parks, Recreation & Community Services Suzette Robinson, Director of Public Works Paul D’Agostino, Superintendent of Parks, Forestry & Facilities Stefanie Levine, Assistant Superintendent of Parks, Forestry & Facilities Subject: Recommendation for Professional Services RFP 12-14 – Service Center Locker Room Renovation Project Date: May 23, 2011 Recommended Action: Recommend award of design services for the Service Center Locker Room Renovation Project to Behles + Behles located at 818 Church Street, Evanston, Illinois at a total cost of $40,200. Funding Source: * FY 2011 CIP Account #415227: $37,500 Anticipated FY 2012 CIP funding: $ 2,700 Total $40,200 * Please note this funding has been approved for design services only (design through bidding phases). Funding for construction administration and construction will come from the pending FY 2012 CIP. Summary: A locker room and washroom renovation project is being undertaken to improve the work environment for employees housed in the Service Center. Planned improvements include ADA improvements, locker refinishing or replacement, installation of privacy screening (the locker room area is currently open to public viewing within the building) and installation of on site laundry facilities for wet or soiled clothing. Memorandum Page 99 of 469 On April 12, 2011, the Purchasing Department received proposals from seven professional consulting firms as noted below using the Request for Proposal solicitation process: Consultant Address AKA Architects, Ltd. 2514 W. Peterson Avenue, Chicago, IL 60659 Behles + Behles 818 Church Street, Evanston, IL 60201 Elliott Dudnik & Associates 913 Wesley Avenue, Evanston, IL 60202 McGuire Igleski & Associates 1330 Sherman Avenue, Evanston IL 60201 Muller & Muller, Ltd. 700 N. Sangamon Street, Chicago IL 60642 Myefski Architects 630 Davis Street, 5th Floor, Evanston, IL 60201 UrbanWorks 213 W. Institute Place, Chicago, IL 60610 A committee was developed to review and evaluate the proposals consisting of the following members: Jewell Jackson/Purchasing, Suzette Robinson/Public Works, Donald Cornelius/Public Works, Paul D’Agostino/Parks, Forestry & Facilities, Stefanie Levine/Parks, Forestry & Facilities and Anil Khatkhate/Parks, Forestry & Facilities. Each committee member individually reviewed the proposals based on evaluation criteria outlined in the project’s Request for Proposal as stated below: 1. Qualifications and Expertise (30%): Qualifications and experience of consultants/personnel assigned to contract, number of similar projects completed under which services similar in scope, size or discipline to the required services were performed or undertaken, and the manner in which they were completed. 2. Project Understanding (15%): Consultant’s narrative understanding of project goals and requirements. 3. Costs for Services (25%): Proposed fees as outlined in the projects’ fee proposal. 4. Contract Agreement (10%): Willingness to execute a written agreement. 5. Schedule (10%): Ability of the consultant to meet or exceed the stated schedule requirements. 6. Proposed involvement of M/W/EBEs (10%): Proposed utilization of M/W/EBEs in completing a portion of the services required. Following individual review of the proposals, the committee met to discuss their findings. The committees then interviewed the top three candidate firms (Behles + Behles, Elliott Dudnik and McGuire Igleski) which the committee agreed were the most qualified based on their written proposals. After the interviews, the committee met again to discuss the interviews, score the short- listed firms and decide which firm to recommend for project award. While the committee felt that each firm interviewed possessed the technical abilities needed to complete the project, the committee felt strongly that Behles + Behles was exceptionally qualified and brought a critical and nuanced ability to communicate with staff and project stakeholders Page 100 of 469 that was lacking in the other consultant teams. The committee therefore recommends that Behles + Behles be awarded this work based on their previous experience with similar projects, demonstrated understanding of the project, high level of expertise and perceived ability to effectively communicate and problem solve. Reference reviews for this consultant indicate that they are a highly valued architect. For example, one reference representing a not for profit organization youth organization stated that Behles + Behles “listened very attentively” and made certain that their design solution met the clients needs. Another reference representing a catholic school indicated that Behles + Behles were “very detail oriented” and always provided “excellent follow through” on their projects. A third reference representing a not for profit youth institution indicated that Behles + Behles was “heads above other firms” and only wishes that they had started working with them earlier in their capital improvement program. Staff feels strongly that an architectural firm of this caliber is needed on this project to help guide the City through the variety of code and operating issues which require resolution as a part of this project. Committee scoring for the short-listed firms was as follows: Consultant Fee Proposal Qualifications & Expertise (30) Project Understanding (15) Cost (25) Contract Agreement (10) Schedule (10) Proposed M/W/EBE (10) Total (100) Behles $40,200 27 14 21 9 10 9 90 Dudnik $32,700 24 13 24 8 7 9 85 McGuire $35,626 25 12 23 8 9 9 86 The RFP procedure allows staff to evaluate prospective consultants based on their perceived competence and expertise relative to the proposed project, the innovative nature of their work, their past record in performing similar work and their ability to work with staff. Based on the scoring results the review committee recommends award of the subject project to Behles + Behles at a total cost of $40,200. Of all RFP respondents, the committee felt that Behles + Behles demonstrated the highest degree of overall expertise relative to this project and would provide the required services at the best overall value to the City. Copies of Behles + Behles’ fee proposal and the project contract are attached for your reference. Behles + Behles is an Evanston Business Enterprise (EBE), thus meeting the City’s M/W/EBE participation goal of 25% (see attached M/W/EBE memo for additional information). A breakdown of proposed funding for this project is as follows: Item Amount CIP Funding (#415227) $37,500 Expenses / encumbrances to date -$616 Recommended Award -$40,200 Remaining Balance -$3,316 Page 101 of 469 Please note that Behles + Behles’ fees through the bidding phase are $32,040 (which is within the currently approved budget). Execution of the construction administration services (remaining $8,160 of Behles’ fee) will not be performed until FY 2012. The consultant’s tentative schedule is to design the project in summer 2011, prepare construction documents in fall 2011, bid the project for construction in late fall 2011 and provide construction administration in spring 2012. ------------------------------------------------------------------------------------- Attachments: Copy of contract/agreement MWEBE Memo Fee Proposal Page 102 of 469 Page 103 of 469 Page 104 of 469 Page 105 of 469 Page 106 of 469 Page 107 of 469 Page 108 of 469 Page 109 of 469 Page 110 of 469 Page 111 of 469 Page 112 of 469 Page 113 of 469 Page 114 of 469 Page 115 of 469 Page 116 of 469 For City Council meeting of May 23, 2011 Item A3.5 Business of the City by Motion: Service Center BAS Upgrade Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas Gaynor, Director Parks, Recreation, and Community Services Paul D’Agostino, Superintendent Parks/Forestry & Facilities Stefanie Levine, Assistant Superintendent Parks/Forestry & Facilities Subject: Recommended Approval of a Sole Source Purchase for the BAS Upgrade Project at the Evanston Service Center Date: May 23, 2011 Recommended Action: Staff recommends approval of a sole source purchase of Andover brand Building Automation System (BAS) controls from Schneider Electric located at 17475 Palmer Blvd, Homewood, Illinois 60430 for the BAS Upgrade Project at the Evanston Service Center in the amount of $97,000. Funding Source: CIP Account #415228: $100,000 Summary: Building automation controls are a critical tool for the City’s Facility Management Division (FM) to monitor and operate the myriad of heating, ventilating and air conditioning (HVAC) systems at the Evanston Service Center (a complex of four buildings). The existing pneumatic BAS controls for the facility’s HVAC systems were installed in 1980 and have not been upgraded since that time. These pneumatic type controls are deteriorated, require extensive labor to maintain, are non functional in many areas and are largely obsolete. Current technology employs electronic controls rather than a pneumatic system, thus new or replacement HVAC equipment is not compatible with our existing control system. This lack of compatibility requires FM to devise various work-arounds, or adaptations to allow newer equipment to communicate with the older system. Additionally, the existing control system’s ongoing failures result in excessive electricity and natural gas consumption throughout the facility, presenting a potentially substantial savings opportunity in the City’s utility costs. In 2006 through a joint effort City staff and ITG Solutions (now owned by Schneider Electric) installed the first of two phases of the facility automation system’s upgrade Memorandum Page 117 of 469 which is now operating the complex’s heating systems. This first phase also included the computer backbone for future system expansion which we are now ready to install. To reduce training costs, parts storage costs, and improve efficiency FM is standardizing its BAS to Andover systems citywide. Andover equipment and software must be used to upgrade existing Andover BAS equipment in order to ensure proper compatibility and functionality. ITG Solutions is the sole distributor and installer of Andover controls in the Chicago area (see attached letter from TAC (also owned by Schneider Electric) which is the parent company of Andover). The City of Evanston has a maintenance contract with ITG Solutions / Schneider Electric for ten other facilities where Andover controls are installed including several Fire stations and recreation centers. Facilities Management reviewed the attached proposal from Schneider Electric and finds it acceptable. A breakdown of project expenditures is as follows: Item Amount CIP Account #415228 $100,000.00 Expenditures / encumbrances to date $0.00 Recommended sole source bid award -$97,000.00 Balance Remaining $3,000.00 Installation is scheduled to begin in June 2011. The work is estimated to be completed by August 2011. ------------------------------------------------------------------------------------- Attachments: Schneider Electric Proposal ITG Sole Provider Letter Page 118 of 469 Page 119 of 469 Page 120 of 469 Page 121 of 469 Page 122 of 469 Page 123 of 469 Page 124 of 469 Page 125 of 469 Page 126 of 469 For City Council meeting of May 23, 2011 Item A3.6 Business of the City by Motion: Civic Center Asbestos Abatement Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Paul D’Agostino, Superintendent Parks/Forestry & Facilities Stefanie Levine, Assistant Superintendent Parks/Forestry & Facilities Subject: Contract Award Recommendation to NES, Inc. for the Abatement and Disposal of Asbestos Containing Material at the Lorraine H. Morton Civic Center, Bid #12-18 Date: May 23, 2011 Recommended Action: Staff recommends approval of the Abatement and Disposal of Asbestos Containing Material at the Lorraine H. Morton Civic Center to NES, Inc. located at 19015 Jodi Road., Unit B, Mokena, Illinois 60448, in the amount of $44,000. Funding Source: CIP Account # 415175.65510: *$450,000 * This Capital Improvement Project (CIP) account includes funding for all projects at the Lorraine H. Morton Civic Center (LHMCC) including asbestos containing material (ACM) abatement. Summary: Project Name: Abatement and Disposal of Asbestos Containing Material at the LHMCC Location: 2100 Ridge Avenue Project Scope: Abate pipe insulation above the LHMCC’s ground floor ceiling including pipe re-insulation Contractor NES, Inc. (NES) 19015 Jodi Road., Unit B, Mokena, Illinois 60448 Contract Amount: $44,000.00 Memorandum Page 127 of 469 Background: In order to continue to improve environmental conditions within the LHMCC, the City has been systematically removing ACM pipe insulation located above the ground floor’s ceiling over the past year. Work was extended into a second contract (subject project) as a result of the high amount of ACM material encountered (above anticipated quantities in the prior contract). The work included in this contract award will complete the ACM removal process in this area of the building. In February 2011, the City of Evanston employed ATC Associates, Inc. (ATC), an environmental consulting firm, to prepare contract documents for the abatement of ACM above the ground floor’s ceiling. Bids for this work were opened on May 3, 2011. Five contractor submitted bids for this project as follows: Contractor Address Total Bid NES, Inc. 19015 Jodi Road, Unit B, Mokena, IL. 60448 $44,000 Colfax Corporation 2441 N. Leavitt Street, Chicago, IL. 60647 $49,900 Tecnica Environmental Services, Inc. 1612 W. Fulton Street, Chicago, IL. 60612 $50,890 Kinsale Contracting Group, Inc. 648 Blackhawk Drive, Westmont, IL. 60559 $58,350 Bay Remediation, LLC 6124 N. Milwaukee Ave; #5, Chicago, IL. 60646 $64,000 Staff recommends award of the bid to NES for the lump sum amount of $44,000. Staff has checked the contractor’s references with favorable results. One reference, a senior project manager for AT&T, indicated that he will only use this contractor for their abatement work and finds them very profession and helpful. The City’s environmental consultant, ATC, has successfully worked with NES on past projects. A recommendation letter from ATC is attached. Due to significantly limited subcontracting opportunities, work on this project involves ACM abatement and pipe insulation only, which is typically performed by a single contractor, the City’s M/W/EBE program has been waived (see attached memorandum for additional information). The ACM abatement work is scheduled to begin in June 2011. The current substantial completion deadline is July 1, 2011. ------------------------------------------------------------------------------------- Attachments: Recommendation letter from environmental consultant M/W/EBE waiver memorandum Page 128 of 469 Page 129 of 469 Page 130 of 469 For City Council meeting of May 23, 2011 Item A3.7 Business of the City by Motion: Elm Tree Injection 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 Services Paul D’Agostino Superintendent Parks/Forestry Subject: Approval of Lowest Responsive and Responsible Bid (12-28) for the 2011 Dutch Elm Disease Control Program Date: May 13, 2011 Recommended Action: Approval of contract in the amount of $697,305.00 from Nels Johnson Tree Experts, Inc. (NJTE) located at 912 Pitner Avenue, Evanston, Illinois 60202 for the 2011 Dutch Elm Disease Control Program. Funding Source: Funding for this contract will come from the General Fund (3535.62496) in the amount of $216,400 and Reserve funds from previous years (100.41332) in the amount of $513,216. This funding will also be used to purchase fungicide and equipment for the additional 250 public elms scheduled for injection by Forestry staff this year. Any remaining balance after all eligible public elm trees have been injected will be transferred back to the reserve fund for future year funding of the program. Summary: Work on this project includes providing a preventative treatment for Dutch Elm Disease (DED) in approximately 2,290 parkway and other publicly owned elm trees through the root flare injection of Arbotect 20-S at the three-year rate. This program is a continuation of the City Council’s expanded DED control methods initiated in September of 2004. The elm trees to be injected under this contract are the same Signature (30” or larger in diameter) and Significant (all elms on major, collector and distributor streets) elm that were initially injected in 2005 and 2008, as well as all remaining public elms that measure ten inches in diameter or larger. NJTE has agreed to extend their “per-inch” bid price to Evanston property owners who wish to have their private elms injected in 2011. Bids to Perform the injections were opened and publicly read on May 17, 2011. A total of four bids were received as follows: Memorandum Page 131 of 469 Contractor Address Bid Per Inch # of Elms Average diameter in inches Award Total Nels Johnson Tree Experts, Inc. 912 Pitner Avenue, Evanston, Illinois 60202 $10.15 2290 30” $697,305.00 Sunrise Tree Care 110 Midlothian Road, Hawthorne Woods, Illinois 60047 $10.17 2290 30” $698,679.00 Landscape Concept Management 31745 N. Alleghany Road, Grayslake, Illinois 60030 $10.18 2290 30” $699,366.00 The Care of Trees, Inc. 275C 12th Street, Wheeling, Illinois 60090 $14.75 2290 30” $1,013,325.00 Staff recommends awarding the bid for the 2011 Dutch Elm Disease Control Program to Nels Johnson Tree Experts, Inc. for the lump sum amount of $697,305.00. Due to the limited opportunities for subcontracting the Purchasing Division has waived the City’s M/W/EBE requirements (see attached memorandum). Alternatives: N / A ------------------------------------------------------------------------------------- Attachment: Bid 12-28 Specifications Page 132 of 469 CITY OF EVANSTON SPECIFICATIONS AND BID DOCUMENTS BID NUMBER: 12-28 For 2011 Dutch Elm Disease Prevention Program BID OPENING DATE, TIME, PLACE: May 17, 2011, 2:00 PM, Room 2404, Evanston Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201 SEALED BIDS TO BE RETURNED TO: CITY OF EVANSTON PURCHASING DIVISION ROOM 4200, CIVIC CENTER 2100 RIDGE AVENUE EVANSTON, IL 60201 Phone: 847/866-2935 Fax: 847/448-8128 Page 133 of 469 2 CITY OF EVANSTON NOTICE TO BIDDERS Sealed bids will be received by the City’s Manager of Purchasing and Contracts in Room 4200 of the Civic Center located at 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time on May 17, 2011, and will be publicly read thereafter in room 2404. Bids shall cover the following: 2011 Dutch Elm Disease Prevention Program Bid Number: 12-28 Work on this project includes providing a preventative treatment for Dutch Elm Disease (DED) in approximately 2,300 parkway and other publicly owned elm trees through the root flare injection of Arbortect 20-S at the three-year rate. The above item shall conform to the Request for Bids on file in the Office of the Manager of Purchasing and Contracts. The bid document, including all necessary plans and specifications, will be available in the Office of the Manager of Purchasing and Contracts on April 28, 2011. The City of Evanston in accordance with the laws of the State of Illinois, hereby notifies all bidders that it will affirmatively insure that the contract(s) entered into pursuant to this notice will be awarded to the successful bidder without discrimination on the ground of race, color, or national origin. The City of Evanston reserves the right to reject any or all proposals or to accept the proposal(s) deemed most advantageous to the City. Each respondent shall be required to submit with his/her proposal a disclosure of ownership interest statement form in accordance with the provisions of Ordinance 15-O-78. Failure to submit such information may result in the disqualification of such proposal. Jewell Jackson Manager of Purchasing and Contracts Page 134 of 469 3 A. INSTRUCTIONS TO BIDDERS/REQUIREMENTS FOR BIDDING (CONTRACTS OVER $20, 000) 1. ON-LINE NOTIFICATION OF SOLICITATIONS. The City is utilizing Demandstar.com (www.demandstar.com) for on-line notification purposes only for sealed bids/requests for proposals/request for qualifications when it is anticipated that the amount of the resulting contract will be in excess of its formal bid limit of $20,000, such as this requirement. Interested bidders/respondents are required to submit a sealed bid/proposal to the City by the date/time indicated for this requirement on the forms provided by the City. 2. SUBMISSION OF BIDS. A.) All bids will be received in the Office of the Manager of Purchasing and Contracts, Room 4200, Civic Center, 2100 Ridge Avenue, Evanston, IL 60201. All bids must be submitted in sealed opaque envelope with the following clearly printed on the outside: bidder's name and address, subject matter of bid, and the designated date and hour of the bid opening. B.) NOTE: Three copies of the bid proposal information, as well as any other information required in the solicitation document must be submitted on the forms provided with all blank spaces for bid prices filled in ink or typewritten and containing all required information. Each copy must contain the same information (except one set must have original signatures and stamps). C.) ANY BIDS RECEIVED AFTER TIME AND DATE SPECIFIED FOR THE RECEIPT OF BIDS WILL BE RETURNED TO THE BIDDER UNOPENED. It is the sole responsibility of the bidder to insure that his bid is delivered by the stated bid opening time. Mailed bids, which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. D.) Bids will be publicly opened on the date and time specified for the receipt of bids in designated room of the Evanston Civic Center. E.) Any bidder may withdraw his bid by letter or with proper identification by personally securing his bid proposal at any time prior to the stated bid opening time. No telephone request for withdrawal of bids will be honored. 3. PREPARATION OF BIDS. The bidder must prepare the bid proposal on the attached proposal forms. Unless otherwise stated, all blank spaces on the bid proposal page or pages must be filled in. Either a unit price, lump sum price, or a "no-bid", as the case may be, must be stated for each and every item, and must be either typed in or written in ink. 4. SIGNING OF BIDS. A.) Bid proposals which are signed for a corporation should have the correct corporate name thereon and signature of an authorized officer of the corporation manually written below the corporate name following words "By: _____". Title of Office held by the person signing for corporation, which shall appear below signature of an officer. B.) Bid Proposals, which are signed by an individual doing business under a fictitious name, should be signed in the name of the individual "doing business as. ______.” C.) The name of each person signing the bid proposal shall be typed or printed below his or her signature. 5. CONSIDERATION OF BIDS. The Manager of Purchasing and Contracts shall represent and act for the City in all matters pertaining to this bid and the contract in conjunction therewith. 6. WITHDRAWAL OF BIDS. Bidders may withdraw or cancel their bids at any time prior to the advertised bid opening time. After the bid opening time, no bid shall be withdrawn or canceled for a period of sixty (60) calendar days. When contract approval is required by another agency, such as the Federal Government or the State of Illinois, no bid shall be withdrawn or canceled for a period of ninety (90) calendar days. 7. ERRORS IN BIDS. Respondents are cautioned to verify their bids before submission. Negligence on the part of the respondent in perparing the bid confers no right for withdrawl or modification of the bid after it has been opened. In case of error in the extension of prices in the bid, unit prices will govern. 8. ADDENDA. A.) Any and all changes to the specifications/plans are valid only if they are included by written addendum to all bidders. Each bidder must acknowledge receipt of any addenda by indicating on the Bid Proposal page. Each bidder, by acknowledging receipt of Page 135 of 469 4 any addenda, is responsible for the contents of the addenda and any changes to the bid therein. Failure to acknowledge any addenda may cause the bid to be rejected. B.) Addenda information is available over the internet at www.demandstar.com, or by contacting the office of the Manager of Purchasing and Contracts. 9. RESERVED RIGHTS. The City of Evanston reserves the right at any time and for any reason to cancel this solicitation, to accept or reject any or all bids or any portion thereof, or to accept an alternate response. The City reserves the right to waive any immaterial defect in any response. The City may seek clarification from any respondent at any time and failure to respond within a reasonable time period, or as otherwise directed, will be cause for rejection. 10. AWARD. It is the intent of the City to award a contract to the lowest responsible bidder meeting the specifications. The City reserves the right to determine the lowest responsible bidder on the basis of an individual item, groups of items, or in any way determined to be in the best interest of the City. Award will be based on the following factors (where applicable): (a) adherence to all conditions and requirements of the bid specifications; (b) price; (c) qualifications of the bidder, including past perforance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product apperance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; and (g) repurchase or residual value. A bidder, if requested, must present within forty eight (48) hours of a request, evidence satisfactory to the Manager of Purchasing and Contracts of performance ability and possession of necessary facilities, pecuniary resources, and adequate insurance to comply with the terms of these specifications and contract documents. 11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. Bidder’s shall promptly notify the City of any ambiguity, inconsistency, or error that they discover upon examination of the bidding documents. Interpretations, corrections, and changes will be made by addendum. Each bidder shall ascertain prior to submitting a bid, that all addenda have been recieved and are acknowledged in the bid. 12. INCONSISTENCIES AND OMISSIONS. These specifications and the accompanying plans, if any, are intended to include all information necessary for the work contemplated. If, by inadvertence or otherwise, the plans or specifications omit some information necessary for that purpose, the contractor shall, nevertheless, be required to perform such work at no additional cost to the City so that the project may be completed according to the true intent and purpose of the plans and specifications. 13. CONDITIONS. Bidders are advised to become familiar with all conditions, instructions, and specifications governing this bid. Once the award has been made, failure to have read all the conditions, instructions and specifications of this contract shall not be cause to alter the original contract or to request additional compensation. 14. VERIFICATIONS OF DATA. A.) It is understood and agreed that the unit quantities given in these specifications are approximate only, and the contractor shall verify these quantities before bidding as no claim shall be made against the City on, or account of, any excess or deficiency in the same. B.) The contractor shall have visited the premises and determined for itself, by actual observation, boring, test holes, or other means, the nature of all soil and water conditions (both above and below ground in the line of work) that may be encountered in all construction work under this contract. The cost of all such inspection, borings, etc. shall be borne by the contractor, and no allowance will be made for the failure of the contractor to estimate correctly the difficulties attending the execution of the work. 15. SPECIFICATIONS. Reference to brand names and numbers is meant to be descriptive, not restrictive, unless otherwise specified. Bids on equivalent items will be considered, provided the bidder clearly states exactly what is proposed to be furnished, including complete specifications. Unless the bidder specifies otherwise, it is understood the bidder is offering a referenced brand item as specified or is bidding as specified when no brand is referenced, and Page 136 of 469 5 does not propose to furnish an “equal.” The City reserves the right to determine wheter a subsitute offer is equivalent to, and meets the standard of quality indicated by the brand name and number. 16. SAMPLES. When smaples of items are called for by the specifications, sample must be furnished free of expense, and if not destroyed in the evaluation process will be returned at the bidder’s expense upon request. Request for the return of samples must accompany the sample, and must include a UPS/Fed-Ex Pickup Slip, postage, or other acceptable mode of return. Individual samples must be labeled with bidder’s name, invitation number, item reference, manufacturer’s brand name and number. 17. REGULATORY COMPLIANCE. Each bidder represents and warrants that the goods or services furnished hereunder (including all labels, packages and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State, and local laws, rules and regulations as applicable, including the Occupational Safety and Health Act as amended, with respect to design, construction, manufacture, or use for their intended purpose of said goods or services. Each bidder must furnish “Material Safety Data Sheet” in compliance with the Illinois Toxic Substances Disclosure to Employees Act when required. 18. PRICING. The price quoted for each item is the full purchase price, including delivery to destination, and includes all transportation and handling charges, materials or service costs, patent royalties, and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the contract period. 19. DISCOUNTS. Prices quoted must be net after deducting all trade and quanity discounts. Where cash discounts for prompt payment are offered, the discount period shall begin with the date of receipt of a correct invoice or receipt or final acceptance of goods, whichever is later. 20. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the City’s destination. The City reserves the right to reject and refuse acceptance of items which are not in accordance with the instruction, specifications, drawings or data of Seller’s warranty (express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Seller promptly after rejection. 21. BIDS AND PLAN DEPOSITS. A.) When required on the cover sheet, all bids shall be accompanied by a bid deposit in the amount specified. Bid deposits shall be in the form of cash, a certified check, or cashier's check drawn on a responsible bank doing business in the United States and shall be made payable to the City of Evanston. Bid Bonds are also acceptable. All bids not accompanied by a bid deposit, when required, will be rejected. B.) Within 20 days after the bid date the City will return the bid deposits of all but the 3 lowest qualified bidders whose deposit will be held until contract award or at the expiration of the sixty-day period for bid award. C.) The bid deposit of the successful bidder will be retained until contract documents have been executed and the Contractor has submitted all the required information. Failure to comply with the terms of this specification may be cause for forfeiture of said deposit. D.) When required, plan deposits will be refunded should the plans be returned in good condition within 10 days of the bid opening. 22. DISPUTES. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of shall be decided after review by the Manager of Purchasing and Contracts, who shall issue a written decision and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Manager of Purchasing and Contracts shall be final and binding. 23. CATALOGS. Each bidder shall submit, when requested by the Manager of Purchasing and Contracts, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, appointments, finishes and the like not covered in the specifications, necessary to fully describe the material or work proposed to be furnished. Page 137 of 469 6 24. TAXES. A.) Federal Excise Tax does not apply to materials purchased by the City of Evanston by virtue of Exemption Certificate No. A-208762, Illinois Retailers' Occupation Tax, Use Tax, and Municipal Retailers' Occupation Tax do not apply to materials or services purchased by the City of Evanston by virtue of Statute. B.) The City of Evanston is exempt from Illinois Sales Tax by virtue of Exemption Identification number E9998-1750-04. C.) The City’s federal tax ID number is 36-6005870. 25. PERMITS & FEES. All bidders awarded a contract must secure and pay for any licenses required by the City of Evanston. Necessary building permits will be required, but all permit fees will be waived and moneys for same must not be included in any bid proposal. 26. ROYALTIES AND PATENTS. Seller must pay all royalties and license fees. Seller must defend all suits or claims for infringement of any patent, copyright or trademark rights, and must hold the City harmless from loss on account thereof. 27. LOCAL PREFERENCE POLICY. The Evanston City Council reserves the right to award the contract to an Evanston firm if the firm’s bid is within five (5%) percent of the low bid of a non-Evanston firm. 28. PREFERENCE TO CITIZENS. In accordance with the law and the provisions of Chapter 48, Sections 269-275 entitled "Preference to Citizens (Illinois) on Public Works Projects Act," the contractor will be required to give preference in employment to Illinois citizens. Prospective bidders shall thoroughly familiarize themselves with the provisions of the above-mentioned Act, and shall prepare any and all proposals in strict compliance therewith. 29. POWER OF ATTORNEY. An Attorney-In-Fact, who signs any and all of the bond or contract bonds submitted with this proposal, must file with each bond a certified and effectively dated copy of their Power of Attorney. These dates should be the same or after the date of the contract. 30. WARRANTY. A.) The contractor warrants that all goods and services furnished to the City shall be in accordance with specifications and free from any defects of workmanship and materials: that goods furnished to the City shall be merchantable and fit for the City's described purposes, and that no governmental law, regulation, order, or rule has been violated in the manufacture or sale of such goods. B.) The contractor warrants all equipment furnished to be in acceptable condition, and to operate satisfactorily for a period of one (1) year from delivery of, or the completion of installation, whichever is latest, unless stated otherwise in the specifications, and that if a defect in workmanship and/or quality of materials are evidenced in this period, the Seller shall remit full credit, replace, or repair at City's discretion immediately, such equipment and/or parts that are defective at no additional cost to the City. C.) The contractor warrants to the City that each item furnished hereunder, and any component part thereof, will be new and in conformity with the specifications in all respects, unless otherwise specified, and is of the best quality of its respective kind, free from faulty workmanship, materials, or design, and installed sufficiently to fulfill any operating conditions specified by the City. D.) The contractor shall repair or replace any item or component part thereof found not to be in conformity with this paragraph provided the City notified the Seller of such nonconformity within one (1) year after initial use or within eighteen (18) months after delivery, whichever occurs first. In the event Seller fails to proceed diligently to so replace or repair within a reasonable time after receipt of such notice, the City may undertake or complete such replacement or repair for Seller's account and the seller will be responsible for any additional costs. Acceptance shall not relieve the seller of its responsibility. 31. INCURRED COSTS. The City will not be liable for any costs incurred by bidders in replying to this invitation for bids. 32. VARIANCES. Each bidder must state or list by reference any variations to specifications, terms and/or conditions set forth herein with its bid. 33. INDEMNIFICATION. The Contractor shall indemnify, protect and save harmless the City of Evanston, its agents, consultants, officials and employees, against all injuries, deaths, loss Page 138 of 469 7 damages, claims, patents, copy right or trademark or claims, suits, judgments, costs and expenses which may in anywise accrue against the City in consequence of the granting of this contract or which may in anywise result there from, whether or not it shall be alleged or determined that the act was caused through the negligent act or omission of the Contractor or his or her employees, of the sub-contractor or his or her employees, if any and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith; and, if any judgments shall be rendered against the City in any such act, the Contractor shall, at his or her own expense, satisfy and discharge same. 34. DEFAULT. Time is of the essence of this contract and if delivery or acceptable items or rending of services is not completed by the time promised, the City reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when recieved by Seller, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the Seller with any or all losses incurred. The City shall be entitled to recover its attorney’s fees and expenses in any successful action by the City to enforce this contract. 35. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Illinois. In the event of litigation, the venue will be Cook County, Illinois. 36. EQUAL EMPLOYMENT OPPORTUNITY. A.) In the event of the contractor's noncompliance with any provision of this Equal Employment Opportunity clause, the Illinois Fair Employment Practices Act, or the Fair Employment Practices Commission's Rules and Regulations for Public Contracts, the contractor may be declared non-responsible and therefore ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by Statute or regulation. B.) During the performance of this contract, the contractor agrees as follows: 1.) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or ancestry, or age or physical or mental handicap that does not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such under utilization. 2.) That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine that availability (in accordance with the Fair Employment Commission's Rules and Regulations for Public Contracts) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3.) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry. 4.) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contracts. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules and Regulations, the contractor will promptly so notify the Illinois Fair Employment Practices Commission and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations there under. 5.) That it will submit reports as required by the Illinois Fair Employment Practices Commission's Rules and Regulations for Public Contracts, furnish all relevant information as may from time to time be requested by the Fair Employment Practices Commission or the contracting agency, and in all respects comply with the Illinois Fair Page 139 of 469 8 Employment Practices Commission's Rules and regulations for Public Contracts. 6.) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency, the City Manager, the Commission and the Illinois Fair Employment Practices Commission for purposes of investigation to ascertain compliance with the Illinois Fair Employment Practices Act and the Fair Employment Practices Act and the Fair Employment Practices Commission's Rules and Regulations for Public Contracts. 7.) That it will include verbatim or by reference the provisions of subsections (A) through (G) of this clause in every performance subcontract as defined in Section 2.10(b) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor; and that it will also include the provisions of subsections (A), (E), (F), and (G) in every supply subcontract as defined in Section 2.10(a) of the Fair Employment Practices Commission's Rules and Regulations for Public Contracts so that such provisions will be binding upon every such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by all its subcontractors; and further it will promptly notify the contracting agency and the Illinois Fair Employment Practices Commission in the event any subcontractor fails or refuses to comply therewith. In addition, no contractor will utilize any subcontractor declared by the Fair Employment Practices Commission to be non-responsible and therefore ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. 37. AFFIRMATIVE ACTION IN SUB-CONTRACTING (EXCERPT FROM RESOLUTION 59-R-73) “Contractor agrees that it shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. At the request of the City, Contractor shall furnish evidence of his compliance with this requirement of minority solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. Contractor further affirms that in obtaining his performance and bid bonds, he will seek out and use companies who have records of, and/or who will make commitments to, the bonding of minority contractors on a rate basis comparable to their bonding of similar non-minority contractors. The contractor may be required to submit this evidence as part of the bid or subsequent to it.” Page 140 of 469 9 B. GENERAL CONDITIONS 1. BASIS OF AWARD A. The City of Evanston reserves the right to a contract to a responsive and responsible bidder(s) who submits the lowest total bid, or to reject any or all bids and bidding, when in its opinion the best interest of the City will be served by such action. 2. LUMP SUM BID A. The bidder is to submit a lump sum bid for each bid line on the Proposal Page which includes all costs incidental to performing the specified work. 3. QUANTITIES A. Any quantities shown on the Proposal Page are estimated only for bid canvassing purposes, the City has made a good faith effort to estimate the quantity requirements for the Contract term. The City reserves the right to increase or decrease quantities ordered under this contract. 4. CONTRACT PERIOD A. Bidder must agree to fully complete the work within the period specified herein after receipt of the purchase order/contract from the City. 5. EXTENSION OF TIME A. Delays due to causes beyond the control of the contractor other than such as reasonably would be expected to occur in connection with or during the performance of the work, may entitle the contractor to an extension of time for completing the work sufficient to compensate for such delay. No extension of time shall be granted, however, unless the contractor shall notify the City in writing thereof, within ten (10) days from the initiation of the delay and unless he shall, within ten (10) days after the expiration of the delay, notify the City in writing of the extension of time claimed on account thereof and then only to the extent, if any, allowed by the City. 6. PURCHASE ORDER/CONTRACT A. Upon approval of the required bonds and insurance documents, the City will issue a Purchase Order to the Contractor for the contract amount. All Applications for Payment must reference the Purchase Order number. B. When it is necessary to issue a Change Order that increases/decreases the contract amount, a Change Order form will issued and a modified Purchase Order will be issued reflecting the revised contract amount. C. When it is necessary to issue a Change Order that only increases/decreases the contract period, only a Change Order form will issued establishing the revised contract period. 7. PAYMENT A. All payments will be made in accordance with Illinois Local Government Prompt Payment Page 141 of 469 10 Act. 8. DECISIONS TO WITHHOLD CERTIFICATIONS FOR PAYMENT A. The City may decide not to certify payment and may withhold payment in whole or in part, to the extent reasonably necessary to protect the City, if the quality of the work is not in accordance with the contract documents. If the City’s is unable to certify payment in the amount of the invoice, the City will promptly issue payment for the amount of the Work completed in accordance with the contract documents. The City may decide not to certify payment because: 1. defective work not remedied 2. third party claims filed or reasonable evidence indicating probable filing of such claims 3. failure of Contractor to make payments properly to Subcontractors for labor, materials or equipment 4. reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum 5. damage to the City or another contractor 6. reasonable evidence that the work will not be completed within the Contract period and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay 7. persistent failure to carry out work in accordance with Contract Documents. 9. CHANGES IN WORK A. The City reserves the right to make changes in the plans and specifications by altering, adding to, or deducting from the work, without invalidating the contract. All such changes shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. B. No change shall be made unless a written Change Order and/or modified Purchase Order is issued by the City stating that the City has authorized the change, and no claim for an addition to the contract shall be valid unless so ordered. C. If such changes diminish the quantity of work to be done they shall not constitute a claim for damage or anticipated profits on the work, such increase shall be paid in one or more of the following ways: 1. By estimate and acceptance in lump sum. 2. By unit prices named in the contract’s bid form or subsequently agreed upon. 10. DEDUCTIONS FOR UNCORRECTED WORK A. If the City deems it in-expedient to correct work damaged or not done in accordance with the contract, the difference in value, together with a fair allowance for damage shall be deducted from the contract amount due. The value of such deduction shall be determined by the City. Page 142 of 469 11 11. CITY’S RIGHT TO TERMINATE CONTRACT A. The City reserves the right, in addition to other rights to termination, to terminate the contract: 1. If the contractor shall be adjudged bankrupt; make a general assignment for the benefit of creditors; abandon or neglect the work; fail to make prompt payment to subcontractors, or for materials or labor; persistently disregard laws, ordinances or instructions of City; willfully violate, execute carelessly, or in bad faith any provisions of the contract; or if a receiver should be appointed on account of contractor's insolvency; or if the City is convinced that the work is unreasonably delayed, the City shall be entitled to terminate this contract, without prejudice to any other right or remedy, after giving the contractor seven (7) days written notice. 2. In the event of termination, the City shall be entitled to complete the work itself or by others. To this end, the City shall be entitled to take possession of and use the premises and any equipment and/or materials thereon. In such case the contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, such excess, less damages caused by delay, shall be paid to the contractor. If such expense exceeds unpaid balance, the contractor shall pay the difference to the City. 3. In the event of an emergency or threat to life, safety or welfare, the City shall have the right to terminate this contract without prior written notice. 4. In the event that sufficient funds to complete the contract are not appropriated by the Evanston City Council. 12. DEFAULT A. The City may, subject to the provisions of this section, by written notice of default to Contractor, terminate the whole or any part of this contract in any one of the following circumstances: 1. if the Contractor fails to perform the services within the time specified herein, or any extension thereof; or 2. if the contractor fails to perform any of the other provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms, and in either of these two circumstances does not cure failure within a period of 10 days (or such other extended period as the City may authorize in writing) after receipt of notice from the City specifying such failure B. In the event the City terminates this contract in whole or in part as provided in this section, the City may procure, upon such terms and in such manner as the City may deem appropriate, services similar to those so terminated, and the Contractor will be liable to the City for any excess costs for such similar services. C. The Contractor will not be liable for any excess of costs if acceptable evidence has been submitted to the City that the failure to perform the contract was due to causes beyond the control and without fault or negligence of the Contractor. Page 143 of 469 12 D. Contractors who default may not be considered for awards of future City contracts. 13. LIENS A. Neither the final payment nor any part of any retained percentages, shall become due until the contractor, if required, delivers to the City, a complete release of all liens arising out of this contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed. If any lien remains unsatisfied after all payments are made the contractor shall refund to the City all moneys that the latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's fees. 14. SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this work. The contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If any part of the contractor's work depends for proper execution or results upon the work of any other contractor, the contractor shall inspect and promptly report to the City any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of other contractor's work as fit and proper for the reception of his work. B. To insure the proper execution of his subsequent work, the contractor shall measure work already in place and shall at once report to the City any discrepancy between the executed work and the drawings which will affect his work. 15. PROTECTION & SAFEGUARDS A. Unless otherwise specified, the contractor, as a part of this contract, shall provide, erect and maintain temporary roads, fences, bracing, lights, warning signs, barricades, etc. necessary for the protection of the construction materials, adjacent property and the public. B. The contractor shall contact all utilities which will be affected by his operations and notify the owners of the utilities of his operations and their limits within forty-eight (48) hours prior to beginning construction. The contractor shall be responsible for damage to utilities and shall, at his own expense, restore such property to a condition equal to that which existed before his work, as may be directed by the owners. C. The contractor shall protect all work and unused materials of this contract from any and all damage and shall be solely responsible for the condition of such work and materials. 16. USE OF PREMISES A. The contractor shall confine his apparatus, the storage of materials and the operations of his workers, to limits indicated by law, ordinances, permits or directions of the City. 17. MATERIAL STORAGE A. On-site areas may be designated for material/equipment storage. The contractor will Page 144 of 469 13 assume all risk and liability associated with the storage of material/equipment at on-site locations. 18. CLEANING UP A. The contractor shall at all times keep the premises free from accumulation of waste material or rubbish caused by his employees or work and at the completion of the work he shall remove all his rubbish, tools, and surplus materials from the premises, leaving the area in a neat and workmanlike condition. In case of dispute, the City may remove the rubbish and charge the cost to the contractor. 19. RESTORATION OF SITE A. Prior to final payment, contractor shall fully restore all property disturbed or damaged during the course of this work. This includes, but is not limited to public property (walks, curbs, roadways, trees, etc.) private property, utilities. This shall also include removal of temporary facilities erected during the course of this contract and restoration of these areas. B. All restoration work shall be subject to the approval of the City and shall restore the property to a condition at least equal to that existing prior to the start of this contract. C. All restoration work shall be accomplished at the sole expense of the contractor. 20. PREVAILING WAGES A. In accordance with the law and the provisions of Chapter 48, paragraphs 39S-1 inclusive, of the Illinois Revised Statutes 1985, as amended, entitled "Wages of Employees on Public Works", "a wage of no less than the general prevailing hourly rate as paid for work of a similar character in the locality in which the work is performed, shall be paid to all laborers, workers and mechanics employed by or on behalf of any and all public bodies engaged in public works." Prospective bidders shall thoroughly familiarize themselves with the provisions of the above-mentioned Act and shall prepare any and all proposals in strict compliance therewith. 21. CONTRACTOR REQUIREMENTS A. The Contractor shall abide by and comply with all local, State and federal laws and regulations relating to contracts involving public funds and the development/construction of public works, buildings, or facilities. The scale of wages to be paid shall be obtained from Illinois Department of Labor and posted by the Contractor in a prominent and accessible place at the project work site. B. The Contractor certifies it has not been barred from being awarded a contract with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating). C. The Contractor certifies, pursuant to the Illinois Human Rights Act (775 ILCS 5/2-105), that it has a written sexual harassment policy that includes, at a minimum, the following information: (1) the illegality of sexual harassment, (2) the definition of sexual harassment under State law, (3) a description of sexual harassment utilizing examples, (4) the Contractor’s internal complaint process including penalties, (5) legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Page 145 of 469 14 Human Rights Commission and directions on how to contact both; and (6) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of policy shall be provided to the Department of Human Rights upon request. D. The Contractor shall abide by the “Illinois Preference Act” which stipulates that whenever there is a period of excessive unemployment in Illinois, defined as any month immediately following two (2) consecutive months during which the level of unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers unless otherwise exempted as so stated in the Act. (“Illinois laborer” means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident) Other laborers may be used IF Illinois laborers are not available or are incapable of performing the particular type of work involved if so certified by the Contractor and approved by the project engineer and Illinois Department of Natural Resources. 22. SUBCONTRACTORS A. The term “Subcontract” means any agreement, arrangement or understanding, written or otherwise between a Contractor and any person (in which the parties do not stand in the relationship of an employer or an employee) for the furnishing of supplies or services or for the use of real or personal property, including lease arrangements, which, in whole or in part, is utilized in the performance of any one or more Contracts under which any portion of the Contractor’s obligation under any one or more Contracts is performed, undertaken or assumed. B. The Bidder is specifically advised that any person, firm or party, to whom it is proposed to award a Subcontract under this contract must be acceptable to the City. Approval for the proposed Subcontract Award cannot be given by the City until the proposed Subcontractor has submitted evidence showing that it has fully complied with any reporting requirements to which it is, or was, subject. C. The contractor, shall, within the bid document on the form provided, submit to the City in writing, names and addresses and respective amounts of money for proposed contracts with Subcontractors/major suppliers. The City will review and may direct the Contractor that they shall not employ any that are not acceptable as provided above. D. The subcontractor shall abide by and comply with all local, State and federal laws and regulations relating to contracts involving public funds and the development/construction of public works, buildings, or facilities. The scale of wages to be paid shall be obtained from IL. Dept. of Labor and posted by the Contractor in a prominent and accessible place at the project work site. 23. PERFORMANCE, & MATERIAL AND LABOR BOND A. When required by the specifications herein, the successful bidder or bidders shall, within ten (10) calendar days after acceptance of the bidder's proposal by the City, furnish a bond in the full amount of the contract from insurance companies having not less than a B+ Policyholders Rating from the most recent Alfred M. Best and Co., Inc. listing available. Certification of the insurance company's rating shall be provided prior to contract implementation and quarterly thereafter until contract completion. Should such rating fall below the required B+ level during performance of the contract, it will be the Page 146 of 469 15 low bidder's responsibility to notify the City and provide a new bond from an insurance company whose rating meets the City's requirements. B. A letter of credit may be furnished in lieu of bonds if the following conditions are met: 1) The letter of credit must include an agreement that the bank will honor a demand by the City for payment due to Plaintiff because the work was not performed according to specifications. 2) The letter of credit must be in writing and signed by an authorized representative of the bank. 3) The letter of credit must expressly state that it is irrevocable for the entire contract period. 4) The letter of credit must be for the full amount of the Contract. C. The City may reject the use of a letter of credit if the financial soundness of the issuing bank is found to be unacceptable. D. In the event that the bidder fails to furnish bonds or letter of credit in said period of fourteen (14) calendar days after acceptance of the bidder's proposal by the City, the City Manager may withdraw its acceptance of the bid and retain the bidder's deposit as liquidated damages and not as a penalty. IT BEING NOW AGREED that said sum is a fair estimate of the amount of damages that said City will sustain due to the bidder's failure to furnish said bond or letter of credit. 24. INDEMNITY A. Contractor's insurance company shall insure the following indemnity agreement: The Contractor shall indemnify, protect and save harmless the City of Evanston, its agents, consultants, officials and employees, against all injuries, deaths, loss damages, claims, patents, copy right or trademark or claims, suits, judgments, costs and expenses which may in anywise accrue against the City in consequence of the granting of this contract or which may in anywise result there from, whether or not it shall be alleged or determined that the act was caused through the negligent act or omission of the Contractor or his or her employees, of the sub-contractor or his or her employees, if any and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith; and, if any judgments shall be rendered against the City in any such act, the Contractor shall, at his or her own expense, satisfy and discharge same. B. In the event of any conflict between the language of the insurance policy(s) and the above-recited indemnity agreement, the indemnity agreement shall govern. 25. CONTRACTOR’S LIABILITY INSURANCE A. THE CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT UNTIL THEY HAVE OBTAINED ALL INSURANCE REQUIRED HEREIN AND SUCH INSURANCE HAS BEEN APPROVED BY THE CITY'S MANAGER OF SAFETY AND RISK MANAGEMENT. Nor shall the contractor allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. Page 147 of 469 16 B. The City of Evanston shall be named as an additional insured on the policy of the contractor for whatever the policy limits are for the contractor, but in no event shall the Comprehensive General Liability limits be less than $ 3,000,000.00. C. If the contractor has more than one project for which he has a contract with the City of Evanston there shall be separate Certificates of Insurance naming the City as an additional insured on each separate policy D. In the event of accidents, injuries, or unusual events, whether or not any injury occurred, the contractor shall promptly furnish the City's Safety/Risk Management Manager with copies of all reports of such incidents. E. The contractor shall furnish one (1) copy of a certificate, with the City named as an additional insured, showing the following minimum coverage with insurance company acceptable to the City's Manager of Safety and Risk Management. Page 148 of 469 17 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Thirty day notice of cancellation Bodily Injury and required on all certificates Consequent Death Property Damage Each Occurrence Aggregate Commercial General Liability including: $ 3,000,000 $ 3,000,000 1. Comprehensive form 2. Premises - Operations 3. Explosion & Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance - With The Insurance Certificate Must an endorsement on the State That The City Of Evanston is face of the certificate Named as Additional Insured that it includes the "Indemnity" paragraph of the specifications. 7. Broad Form Property Damage - construction projects only. 8. Independent contractors 9. Personal Injury. Automobile Liability Owned, Non-owned or Rented $ 500,000 $ 1,000,000 Workmen's Compensation and Occupational Diseases As required by applicable laws. Employer's Liability $500,000 END OF GENERAL CONDITIONS Page 149 of 469 18 D. BID FORM FOR: 2011 Dutch Elm Disease Control Program Bid Number: 12-28 1.01 BID TO: THE CITY OF EVANSTON 2100 Ridge Avenue – Room 4200 Evanston, Illinois 60201 Hereafter called “OWNER”. 1.02 BID FROM: Name: (Hereinafter call "BIDDER") Address: Telephone Number: Fax Number: 1.03 BID FOR: 2011 DUTCH ELM DISEASE PREVENTION PROGRAM 1.04 ACKNOWLEDGEMENT: A. The undersigned hereby acknowledges receipt of Invitation of Bids, Instruction to Bidders, General Conditions, Drawings, and other Contract Documents and acknowledges receipt of the following Addenda: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated 1.05 GENERAL STATEMENTS A. The undersigned has checked all of the figures contained in this proposal and further understands that the Owner will not be responsible for any errors or omissions made therein by the undersigned. B. It is understood that the right is reserved by the Owner to reject any or all proposals, to waive all informality in connection therewith and to award a Contract for any part of the work or the Project as a whole. Page 150 of 469 19 C. The undersigned declares that the person(s) signing this proposal is/are fully authorized to sign on behalf of the named firm and to fully bind the named firm to all the conditions and provisions thereof. D. It is agreed that no person(s) or company other than the firm listed below or as otherwise indicated hereinafter has any interest whatsoever in this proposal or the Contract that may be entered into as a result thereof, and that in all respects the proposal is legal and fair, submitted in good faith, without collusion or fraud. E. It is agreed that the undersigned has complied and/or will comply with all requirements concerning licensing and with all other local, state and national laws, and that no legal requirement has been or will be violated in making or accepting this proposal, in awarding the Contract to him, and/or in the prosecution of the Work required there under. F. To be considered a bona fide offer, this proposal must be completed in full and accompanied by a bid deposit or a bid bond when required by Contract Documents or Addenda. 1.06 ALTERNATES A. When alternate proposals are required by Contract Documents or Addenda thereto, the undersigned proposes to perform alternates for herein stated additions to or deductions from the stated Based Bid. Additions and deductions include all modifications of Work or additional Work that the undersigned may be required to perform by reason of the acceptance of alternates. 1.07 AGREEMENT A. By submitting this Bid, the undersigned agrees: 1. To hold this Bid open for sixty (60) days from submittal date. 2. To accomplish the work in accordance with the Contract Documents. B. The Owner reserves the right to reject any and all Bids and to waive any formalities in Bidding. Page 151 of 469 20 CITY OF EVANSTON BID #12-28 PROPOSAL FORM 2011 DUTCH ELM DISEASE PREVENTION PROGRAM 1.08 PROPOSED PRICES A. The Bidder hereby proposes to furnish all labor, materials, equipment, transportation, and facilities necessary to complete, in a workmanlike manner and in accordance with the contract documents, the contract of work bid upon herein for compensation in accordance with the following prices: Number of Trees Average Tree Bid Price Total Bid To Inject Diameter (Price per Inch) Amount 2,290 X 30.0” X $___________ = $__________________ Average Number of Trees Bidder is Proposing to Inject per Week: _____________________ Bidder understands that the quantity shown above is an estimate only, and that the City of Evanston reserves the right to increase or decrease these quantities. Total amount billed and paid will be based on the number of actual diameter inches measured and injected. Bidder further understands and agrees to offer their bid price (cost per diameter inch) to any interested City of Evanston resident who wishes to treat a tree on their private property in 2011. 1.09 BID SECURITY Accompanying this proposal is a bank draft, bid bond, Cashier’s check, or Certified checks surety in the amount of not less than five percent (5%) of the total bid amount payable to the City of Evanston. The amount of the check or draft is: $___________________________ If this proposal is accepted and the undersigned shall fail to execute a contract and contract bond as required it is hereby agreed that the amount of the check or draft or bidder’s bond substituted in lieu thereof, shall become the property of the City and shall be considered as payment of damages due to delay and other causes suffered by the City because of the failure to execute said contract and contract bond; otherwise said check or draft shall be returned to the undersigned. 1.10 PERFORMANCE/PAYMENT BOND The undersigned bidder agrees to provide Performance Bond and Payment Bond executed in accordance with [AIA Document A312 or Contract Performance Bond form furnished by and acceptable to the Owner (select as required)] written with ________________________________ ______________________________________________________________________________ in the amount of 100% of the Contract Sum, the cost of which is included in the Bid. Page 152 of 469 21 1.11 LIQUIDATED DAMAGES The undersigned Bidder understands and agrees to the provisions stated under “LIQUIDATED DAMAGES” in the General Conditions and shall be assessed at the specified rate for each calendar day or partial calendar day until completion as defined herein. 1.12 DISCLOSURE OF OWNERSHIP INTERESTS (SEE ATTACHMENT B) A. The undersigned duly sworn deposes and says on oath that the bidder has withheld no disclosures of ownership interest and the information provided herein to the best of its knowledge is current and said undersigned has not entered into any agreement with any other bidder or prospective bidder or with any other person, firm or corporation relating to the price named in said proposal or any other proposal, nor any agreement or arrangement under which any persons, firms or corporation is to refrain from bidding, nor any agreement or arrangement for any act or omission in restraint of free competition among bidders and has not disclosed to any person, firm or corporation the terms of this bid or the price named herein. The Bidder must complete the Disclosure of Ownership Interests form attached hereto as Attachment B. 1.13 PROPOSAL SIGNATURE (REQUIRED) A. SOLE PROPRIETOR Signature of Bidder: ________________________________________________________ SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20_____ ___________________________________ Notary Public Commission Expires: __________________ B. PARTNERSHIP Signature of All Partners: ___________________________________________ ___________________________________________ Name above (typed or printed) ___________________________________________ ___________________________________________ Name above (typed or printed) ___________________________________________ ___________________________________________ Name above (typed or printed) Page 153 of 469 22 SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20_____ ___________________________________ Notary Public Commission Expires: __________________ C. CORPORATION Signature of Authorized Official: _______________________________________________ Title: ____________________________________________________________ Name above (typed or printed): _________________________________________________ (If other than the president, attach a certified copy of that section of corporate by- laws or other authorization by the Corporation which permits the person to execute the offer for the Corporation.) (Corporate Seal) Attest: _____________________________ Secretary SUBSCRIBED AND SWORN to before me this _____ day of _________, 20_____ ___________________________________ Notary Public Commission Expires: _________________ Page 154 of 469 23 1.14 REFERENCES Provide four (4) government references for which your firm has completed work in a similar scope within the past three (3) years. 1. Name: Contact Person: Phone: Contract Value: Contract Dates: 2. Name: Contact Person: Phone: Contract Value: Contract Dates: 3. Name: Contact Person: Phone: Contract Value: Contract Dates: 4. Name: Contact Person: Phone: Contract Value: Contract Dates: Page 155 of 469 24 MAJOR SUBCONTRACTORS LISTING The following Tabulation of Major Subcontractors shall be attached and made a condition of the Bid. The bidder expressly understands and agrees to the following provisions: A. If awarded a Contract as a result of this Bid, the major subcontractors used in the prosecution of the work will be those listed below. B. The following list includes all subcontractors who will perform work representing 5% (five percent) or more of the total Base Bid Amount. C. The subcontractors listed below are financially responsible and are qualified to perform the work required. D. The subcontractors listed below comply with the requirements of the Contracts Documents. E. Any substitutions in the subcontractors listed below shall be requested in writing by the Contractor and must be approved in writing by the Owner. All pertinent financial, performance, insurance and other applicable information shall be submitted with the request for substitutions(s). Owner shall respond to such requests within 14 calendar days following the submission of all necessary information to the full satisfaction of the Owner. Address and $ Amount Name of Subcontractor Telephone Number (Attach additional sheets as required) Page 156 of 469 25 DETAILED SPECIFICATIONS SCOPE OF WORK The Contractor shall furnish all labor, supervision, supplies, tools, equipment and other means necessary or proper for performing and completing the work, and shall obtain any and all required permits. The Contractor shall also be responsible for cleaning up each job site and shall repair or restore all structures and property that is damaged or disturbed during the performance of the work to the satisfaction of the City of Evanston. Any and all damage must be reported on a daily basis to the Municipal Arborist or his designee. GENERAL The specifications set forth in the following paragraphs pertain to providing a preventative treatment for Dutch Elm Disease (DED) in parkway and other publicly owned trees. Any elms determined by the Municipal Arborist or his designee, or the Contractor, to have Dutch Elm Disease before proposed treatment will not be treated under this contract. EXTENSION OF BID PRICE FOR WORK ON PRIVATE PROPERTY All successful bidders must be willing to offer their bid price (cost per diameter inch) to any interested City of Evanston resident who wishes to treat a tree on their private property within the period of this contract. Failure to offer the bid price will be grounds for rejecting the bid. BIDDER’S QUALIFICATION It shall be required that each proposal furnished to the City of Evanston, include as part of the proposal, the names of at least four (4) municipal government references in the Chicagoland area in which the bidder’s organization has performed similar tree care work under a government contract within the last three (3) years. A form is attached for this purpose. LOCATIONS AND QUANTITY OF WORK The trees to be injected will be plainly identified by the City of Evanston by street address or Park name with accompanying maps. Each work order will provide for the injection of trees located in a specific section (6 total) of the City of Evanston. The quantity indicated on the proposal form is an estimated quantity. The City of Evanston reserves the right increase or decrease this amount based on the variables listed in these specifications. No part of the Agreement amount shall cover the additional cost of preparing the tree(s) for injection or any other mode of DED treatment or sanitation. Injections are assigned and administered as three-season preventive treatments. Curative treatments will be provided only under the written approval and direction of the Municipal Arborist or his designee. American elm trees and select red elm trees will be the only species to be considered for injection under this contract. For preventive treatment, the Municipal Arborist or his designee may need to determine the presence of Dutch Elm Disease (DED) and may confirm the diagnosis with laboratory tests or on-site twig examination. Also, the Municipal Arborist or his designee, in Page 157 of 469 26 agreement with the contractor, will designate a tree as safe from root graft infection when necessary. TIMING OF INJECTIONS The injection period will run from approximately June 1 through September 15, 2011. Injections will occur to trees that have exuded full leaf size and have not reached fall senescence. Timing is critical to the success of this project. All trees must be injected within the time frame listed in the Contractor’s proposal. INJECTION PROCEDURE REQUIREMENTS The Contractor will be required to supply all equipment and supplies incidental to injections with “Arbortect 20-S” in the manner set forth on the label as specified for a three-year preventative treatment. The Contractor is responsible for providing an injection system capable of proportioning the proper “Arbortect to water” ratio using gravity feeding. Injection tees should fit into holes between 7/32 and 9/32 of an inch diameter, with the holes drilled into the root flares no more than one inch deep, using drill stops at one inch, and using the precalculated length as per manufacturer’s procedures. All holes drilled for injection sites will be drilled with a sharp, high helix drill bit, and will be eight to ten inches below the top of the root flare. Drill bits are to be replaced as required (a minimum of every 10 trees) to prevent cauterization of wounds and minimize injury to the tree during drilling. Excavate all sod and soil from the base of the tree, finishing with a brush to the drill sites to prevent excessive dulling of drill bits. The excavated area should extend up to one foot away from the base of the tree, and may be from 8 to 12 inches deep, depending upon the accessibility of the root flares. The project is to be completed under the direction of the Municipal Arborist or his designee, and the viability of all Arbortect 20-S fungicide used and the method of performing the work shall, at all times, be subject to review by the Municipal Arborist or his designee. The Municipal Arborist or his designee shall have the authority to decide questions which arise as to quality and acceptability of materials furnished and work performed. ARBORTECT 20-S RATIO For three growing season preventive injections as proposed, the required Arbortect amount will be 12 ounces per 5 inches Diameter Breast Height (DBH). This mixture ratio will be diluted at the rate of 2 ounces of Arbortect 20-S into one gallon of clean water. POST-TREATMENT All trimmings, sod or any other form of debris resulting from this project or any work resulting from said project will be cleaned up and immediately removed from the site by the Contractors. Any holes or depressions left in the general injection work areas shall be filled with soil equal to or better than adjacent areas. No brush chips, stump grindings, etc. shall be used as filler in such holes. ASSIGNMENT OF CONTRACT A. It is the intent of the City of Evanston to award an agreement for American elm tree injection in the City as set forth on the attached proposal form. The City of Evanston also reserves the Page 158 of 469 27 right to enter into agreement(s) with the second, third and successive low bidders if deemed advantageous to the City of Evanston. The lowest responsive and responsible bidder, however, will receive the first work orders within specific areas to the extent that he demonstrates the ability to fully perform, including compliance with the provisions of this specification and the applicable provisions of the State Department of Agriculture rules regarding pesticide use. B. The low bidder(s) shall be determined by comparing total bid prices derived from multiplying the total number of diameter inches to be injected by the cost per inch provided in the bid. C. The award of low bid will be made in the best interest of the City of Evanston. It shall be based on, but not limited to, the following factors: 1. Total Price bid. 2. Rate of proposed injections per week. 3. Compliance with the “Qualifications of Bidders” provisions as set forth in the Instructions to Bidder. 4. Prior experience with the City of Evanston with regard to services offered, capability to meet contract provisions and appropriate deadlines. Any subcontractors shall be regarded as agents for the Contractor and the latter shall be responsible for all work and material furnished and all indebtedness incurred by such agents. BASIS OF PAYMENT Payment will be based on the diameter in inches of each tree treated. The diameter shall be the Diameter at Breast Height, also known as DBH, as measured from 4.5 feet above ground level. In the case of sloping ground, the point of measure of the diameter shall be at an average distance of 4.5 feet above the ground line. If the tree is forked at a point less than 4.5 feet above the ground, the diameter will be measured just below the fork. If there is a clump of multiple stems each arising from the ground, each stem will be measured individually at 4.5 feet above ground level. The City of Evanston reserves the absolute right to increase or decrease the quantity of work originally estimated in the Agreement. Regardless of the final scope of the Agreement, payment to the Contractor will be made on the bases of unit prices as stated in the proposal along with adjustments referred to herein. CONTRACTOR’S REPRESENTATIVE The Contractor shall maintain the applicable current pesticide license in accordance with the Illinois Department of Agriculture requirements. The contractor shall also provide a designated, on-site Supervisor, who is an International Society of Arboriculture Certified Arborist. This Supervisor shall have full authority to act for the Contractor and to receive and execute orders from the Municipal Arborist or his designee. Any instructions given to such Supervisor or person executing work for the Contractor shall be binding on the Contractor as though given to him personally. The designated Supervisor must be proficient in the use and interpretation of the English language. All injection sites must be monitored continuously during the actual treatments. At no time will the contractor be allowed to leave any tree being injected unattended. Page 159 of 469 28 CONTRACTOR’S RESPONSIBILITY The Contractor shall furnish all necessary machinery, tools, labor and materials required, and shall fully complete the work in accordance with the Agreement. The entire work to be performed under the Agreement is to be at the Contractor’s risk, and he is to assume the responsibility for all damages to the work or to the entire project until its completion and acceptance. It shall be the Contractor’s responsibility to maintain all states of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to insure proper performance thereof. The Contractor shall designate one person who shall have charge of the job and to whom the Municipal Arborist or his designee shall give directions. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of all applicable laws shall be observed. PROTECTION OF THE WORK Where the work is carried on, in, or adjacent to, any street, alley or public place, the Contractor shall at his own expense furnish and erect such barricades, fences, lights and danger signals and shall provide such flagmen and shall take such other precautionary measures for the protection of persons and property, and of the work, as are necessary. When a detour is necessary, because a street is blocked off by the work, the City Traffic Engineer shall designate its route and the Contractor shall furnish and post detour signs to type and sizes as required by the City of Evanston, at places designated by said Traffic Engineer. PROTECTION AND RESTORATION OF PROPERTY The Contractor shall not enter upon private property without having previously obtained permission from the City of Evanston and the Owner. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubs, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. Any adjacent shrubs, trees or other growth receiving or sustaining breakage, injury or other damage during the injection program shall be given remedial or corrective treatment and clean-up. The Contractor must immediately report any and all damage to any private property, along with the proposed corrective measures to be taken. The Contractor shall notify the proper representatives of any public utility, corporation and company or individual, not less than forty eight hours in advance of any work which may damage or interfere with the operation of their or his property along adjacent to the work. The Contractor shall be responsible for all damages or injury to property of any character resulting from any act, omission, neglect or misconduct in the manner or method of executing the work, or due to non-execution of the work, or at any time due to defective work or materials. The Contractor shall restore, or have restored at his own cost and expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding, or otherwise restoring as may be directed, or shall make good such damage from injury in a manner acceptable to the Owner and the City of Evanston. Page 160 of 469 29 In case of failure on the part of the Contractor to restore such property and to make good such damage or injury, the City of Evanston may give written notice under ordinary circumstances and without notice when a nuisance or hazardous condition results, property to repair, rebuild or otherwise restore such property as may be determined necessary, and the cost thereof will be deducted from any monies due to the Contractor under this Agreement and if not so deducted, the Contractor will be obligated to forthwith reimburse the City of Evanston for the cost thereof. The City of Evanston shall be indemnified and saved harmless from any suit or expense claim brought for or on account of any damage, maintenance, removal, and/or replacement or relocation of mains, conduits, pipes, poles, wires, cable or such other structures of private utility firms or corporation, whether underground or overhead, that may be caused or required by the Contractor during the time the work is in progress. TIME OF WORK The Contractor shall only be allowed to work on weekdays (Monday through Friday) from 7:00 A.M. to 5:00 P.M. No other times are allowed except as authorized by the City of Evanston. No weekend work shall be allowed unless prior written approval by the City of Evanston is obtained. No work will be allowed on legal holidays as recognized by the City of Evanston. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS AND RIGHT-OF-WAY For the performance of the Agreement, the Contractor will be permitted to occupy such portions of streets or alleys, or other public places, or other right-of-ways, as permitted by the City of Evanston, and with proper traffic warnings and controls. Vehicular access must be maintained at all times in at least one direction, unless a formal detour has been previously approved. Where the work encroaches upon any right-of-way of any railway or State or County Highway, the Contractor shall observe all the regulations and instructions of the Railway Company and Highway Department as to methods of doing the work, or precautions for safety of property and the public. All negotiations with the Railway Company and Highway Department shall be made by the Contractor at his expense. Under no circumstances shall any motorized equipment other than approved turf maintenance equipment be permitted to be driven on the parkways, driveways, public walks, or any private property while performing work under the provisions of this contract. NOISE ELIMINATION The Contractor shall eliminate noise to as great an extent as possible at all times. The exhaust of all gasoline motors and other power equipment shall be provided with mufflers in accordance with current government regulations. DELAYS The Contractor herewith specifically waives claims for damages for any hindrance or delay. Shutdowns due to improper work or otherwise due to the Contractor’s operations, are not cause for extension of time. Page 161 of 469 30 The Contractor and/or his subcontractor(s) must perform at the proposed rate of injections and must maintain the ability to perform at that level throughout the effective period of the Contract. Failure to meet these requirements shall be basis for executing the penalty provisions of this Agreement; rejection of bid or forfeiture of Agreement. FAILURE TO COMPLETE WORK ON TIME Should the contractor fail to complete the work on or before the original date set forth for completion in the work order, the City of Evanston may permit the Contractor to proceed, and in such case there shall be deducted from any monies due or that may become due the Contractor ten percent (10%) of the unit price for each tree on that work order. This sum shall be considered and treated, not as a penalty, but as liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time of completion may have been executed, shall in no way operate as a waiver on the part of the City of Evanston of any of its rights under the Agreement. Neither by the taking over of the work by the City of Evanston, nor by the termination of the Agreement, shall the City of Evanston forfeit the right to recover liquidated damages from the Contractor. If the Contractor should neglect to proceed with the work properly, or fail to perform any provisions of the Agreement, the City of Evanston, after written notice to the Contractor, may without prejudice to any other remedy the City of Evanston may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to Contractor. DEDUCTIONS The City of Evanston may withhold from payment to the Contractor such an amount or amounts as may be necessary to cover: a. Defective work not remedied. b. Claims for labor or materials furnished the Contractor or subcontractor, or reasonable evidence indicating probable filing of. c. Failure of the Contractor to make payments properly to subcontractors, material suppliers, or labor furnished to others. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Evidence of un-remedied damage to private or public property. FORFEITURE OF CONTRACT If at any time the Municipal Arborist or his designee is of the opinion that the work is unnecessarily delayed, and will therefore not be finished within the prescribed time, he shall notify the Contractor, in writing, to that effect. If the Contractor does not take such measures as will, in the judgment of the Municipal Arborist or his designee, ensure the satisfactory completion of the work, the Municipal Arborist or his designee may then notify the said Contractor to discontinue all work under the Agreement for this project, and the Contractor shall immediately respect such notice and stop work, and cease to have any rights to the possession of the grounds. Page 162 of 469 31 The City of Evanston may thereupon re-let the Agreement or employ such forces as it deems advisable to complete the work, and charge the cost of all labor and materials necessary for such completion to the Contractor, and the amount so charged shall thereafter become due, to the Contractor under and by virtue of the Contract for this improvement. In case such amount so paid by the City of Evanston is less than the sum which would have been payable to the Contractor if the Agreement had been fulfilled by him, then said Contractor shall be entitled to receive the full difference and in case such amount is greater, the said Contractor shall pay to the City of Evanston the amount of such excess so due. If the contractor shall assign the Agreement for this improvement without the written consent required above, or shall abandon the work thereon, or shall neglect or refuse to comply with these specifications and the instructions of the Municipal Arborist or his designee, relative thereto and with the ordinances of the City of Evanston, the City of Evanston shall have the right to annul and cancel said Agreement and to re-let the work, or any part thereof, and such annulment shall not entitle the Contractor to any claim for damages on account thereof, nor shall it affect the right of the City of Evanston to recover damages which may arise from such failure. COMPLETION OF CONTRACT AND INSPECTION After completing the work as detailed in the Agreement, the Contractor shall immediately submit to the Municipal Arborist or his designee in writing a billing for the work order amount as a notice of completion of the project. The Municipal Arborist or his designee will make final inspection of all work included in the work order as soon as practicable after notification by the Contractor that such work is completed. If such work is not acceptable at the time of inspection, the Contractor will be notified in writing as to the particular defects to be remedied before such work can be accepted. If, within a period of three working days after such notification, the Contractor has not taken steps to promptly complete the work as directed, the City of Evanston may without further notice and without in any way impairing the Agreement, make such other arrangements as may be deemed necessary to have such work completed in a satisfactory manner. The cost of completing such work shall be deducted from any monies due, or which may become due the Contractor on the Agreement. If the Contractor claims that any instructions, latent conditions or otherwise, involves extra cost under this Agreement, a claim for the extra cost must be submitted in writing within ten days after such obstruction or observance of conditions, and in any event, before proceeding to execute this work, except in an emergency endangering life or property, and the procedure shall then be as provided, for changes in the work. Claims made after this time, or not made in writing will be refused and no claim shall be valid unless so made. CONTRACT PERIOD The Agreement shall commence on date of Agreement and terminate on September 15, 2011, unless terminated sooner in accordance with the provisions contained herein. The City of Evanston reserves the option, under the terms of the Agreement with the successful Contractor(s), to extend the Contract(s) for an additional period. Such terms must be agreed to, in writing, by both the City of Evanston and the Contractor. Page 163 of 469 32 ASSIGNMENT OF WORK At the time of award of the contract, a Purchase Order number will be assigned to the Contractor who shall record this number on all invoices and statements submitted to the City of Evanston for payment. Individual work orders for elm tree injections shall be placed with the Contractor on forms supplied by the City of Evanston as future detail of work required. The work order shall be the Contractor’s notice to proceed. All work orders shall be in writing and shall give the location and size and Contractors bid price of all trees to be injected along with any pertinent information. Contractor shall designate one person, with credentials listed, which include: ISA Arborist certification to administer awarded contract. This person shall serve as a liaison for City of Evanston staff, residents and contractor. Contractor shall, as often as he desires, pick up new work orders when available and submit invoices for payment of completed work orders. As a minimum, each Contractor shall meet with the Municipal Arborist or his designee each Tuesday morning between the hours of 8:00 a.m. and 12:00 noon for the purpose of securing new work orders, submitting invoices or progress reports on the preceding week’s activities, or to review past or upcoming operations. This schedule shall be adhered to until discontinued by the Municipal Arborist or his designee. All work orders must be completed within a thirty (30) day period of receipt. If a Contractor has displayed his inability to comply with that schedule, the City of Evanston may issue work orders to the second and successive low bidders. At no time shall the amount of uncompleted work orders exceed the performance bond amount for that area. No invoices shall be submitted unless these work orders contained herein have been completed. BASIS OF PAYMENT The completed work order and the unit price bid for the appropriate diameter tree shall be used as the basis for computing payment. Payment of each work order in total shall be made after satisfactory completion and acceptance of the work on that work order. Payment will be made by the diameter class in accordance with the Bid Proposal Form. Any questions regarding the detailed specifications listed above should be directed to Jewell Jackson, Manager of Purchasing and Contracts. Phone: (847) 866-2935 Fax: (847) 448-8128 Email: jjackson@cityofevanston.org Page 164 of 469 33 Attachment B DISCLOSURE OF OWNERSHIP INTERESTS City of Evanston Ordinance 15-0-78 requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) l. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( )_______________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I - CORPORATION 1a. Names and addresses of all Officers and Managers of Corporation. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 1b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 1c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) Page 165 of 469 34 ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general is equal to or in excess of 3%. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 2b. Associations: The name and address of all officers, Managers, and other members with 3% or greater interest. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ___________________________________________________________________ 3b. Name and address of trustee or estate administrator. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ___________________________________________________________________ ___________________________________________________________________ Page 166 of 469 35 SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 1(c), 2(a), and 2(b). ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I have not withheld disclosure of any interest known to me. Information provided is accurate and current. _____________________ ____________________________________ Date Signature of Person Preparing Statement ________________________ Title ATTEST: ________________________ Notary Public (Seal) Page 167 of 469 For City Council meeting of May 23, 2011 Item A3.8 Business of the City by Motion: Salt Contract Award For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Suzette Robinson Subject: Award Contract for Rock Salt (Bid #12-22) Date: May 5, 2011 Recommended Action: Staff recommends City Council approval of a contract for the purchase of up to 7000 tons of rock salt (Bid No. 12-22) to Morton Salt (123 N. Wacker Drive, Chicago, IL) for a winter season total of $419, 490. Funding Source: Funding for this work will be from the Snow and Ice Control Fund, 2680.65015. Funding is to be split between FY 2011 ($200,000) and FY2012 ($219,490). Summary: In April 2011, staff solicited bids for the purchase of rock salt. The proposed contract is for a one (1) year period, with the right to extend the contract for up to four (4), one year periods. Morton Salt was the successful bidder with the lowest price bid of $59.07 per ton. Each subsequent year, staff will negotiate with Morton Salt to establish the purchase price based on market conditions and other competitive bid pricing in the area. Based on the previous year’s price of $57.09 per ton and the price paid by various municipalities in the area, Morton Salt’s bid price of $59.07 is competitive. Five bidders were solicited, with bids due on May 3, 2011. The bids include the terms that the City can increase or decrease by 30%, the quantity purchased. Included are the bid results for 7000 tons of rock salt per year. Memorandum Page 168 of 469 Page 2 of 2 Rock Salt Bid #12-22 Results Company Name City/State Fax # Bid Amounts/ton Detroit Salt Company Detroit MI 48217 313-841-0466 Price per ton delivered (based on 7,000 tons): No Bid Pick-up at your plant or stockpile location: Central Salt, L.L.C. Envirotech Central, L.L.C Elgin, IL 60123 847-608-8135 Price per ton delivered (based on 7,000 tons): No Bid Pick-up at your plant or stockpile location: Morton Salt Chicago, IL 60606 312-807-2669 Price per ton delivered (based on 7,000 tons): $59.07/ton Pick-up at your plant or stockpile location: $59.07/ton North American Salt Co. Overland Park, KS 66210 913-338-7945 Price per ton delivered (based on 7,000 tons): $65.95/ton Pick-up at your plant or stockpile location: $62.00/ton Cargill Deicing Technology North Olmsted, OH 44070 800-467-3409 Price per ton delivered (based on 7,000 tons): $73.35/ton Pick-up at your plant or stockpile location: $70.35/ton Staff recommends approval of the award to Morton Salt, Inc. as the lowest responsive and responsible bidder to provide rock salt for the winter season of November 2011 to May 2012. Page 169 of 469 Bid No. 12-22, Purchase of Rock Salt, M/W/EBE Subcontracting Waived, Morton Salt, 5-06-11 To: Suzette Robinson, Director, Public Works From: Lloyd W. Shepard, Business Development Coordinator, Community & Economic Development Subject: Bid No. 12-22, Purchase of Rock Salt, M/W/EBE Subcontracting Waiver Approval, Morton Salt Date: May 6, 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. The subject does not afford M/W/EBE subcontracting opportunities; therefore, the 25% M/W/EBE subcontracting goal is waived. The name and address of the awardee is indicated below. Name and Address Scope Contract Amount Morton Salt, Inc. 123 N. Wacker Drive Chicago, Illinois 60606 Rock Salt Price per ton delivered (Based on 7,000 tons) $59.07 Pick-up at your plant or stockpile location - $59.07 Memorandum Page 170 of 469 For City Council meeting of May 23, 2011 Item A3.9 Business of the City by Motion: Annual Harley Davidson Lease 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, Fleet Services Subject: Business of the City by Motion for the Annual Harley Davidson Lease Agreement for the Evanston Police Department. Date: May 13, 2011 Recommended Action: The staff of the Fleet Services Division of the Public Works Department and Police Department recommend City Council approval for the City Manager to sign a one (1) year lease agreement with Chicago Harley Davidson Inc. located at 2929 Patriot Boulevard in Glenview, Illinois 60026 in the amount of $23,940.00 for the period of June 1, 2011 to June 1, 2012 for seven (7) leased Harley Davidson motorcycles. Funding Source: Fleet Capital Outlay, Vehicle Lease Charges (7720.62402) has a budgeted amount of $25,000.00 for this lease expense. Summary: The Evanston Police Department has utilized leased Harley Davidson motorcycles for their Traffic Division on a seasonal basis for many years based on State Bid pricing. Chicago Harley Davidson in Glenview is willing to continue to provide these seven (7) motorcycles based state bid pricing with no additional service charges for removing and installing auxiliary equipment on a “no-charge” basis. In addition, Chicago Harley Davidson’s Glenview facility’s proximity to Evanston minimizes out-of-service time of the motorcycles and the officers who operate them when the required 500 and 1,000 mile check of operation and oil is required as required by the manufacturer that is contained in this “lease agreement”. The 2010 lease price was $19,740, however these vehicles utilized Evanston owned after-market attachments (lights, radio, etc). This equipment is no longer compatible with the newer vehicles and the increase in lease price covers the additional equipment and installation costs. Memorandum Page 171 of 469 Attachment: Copy of Chicago Harley-Davidson Lease Agreement Page 172 of 469 CHICAGO HARLEY-DAVIDSON POLICE MOTORCYCLE LEASE AGREEMENT This Agreement made and entered into between Chicago Harley-Davidson, Inc., designated as the Lessor, and the City of Evanston, Evanston Police Department, designated as the Lessee, made this 03rd day of May 2011, for the purpose of leasing to the Lessee seven (7) Harley-Davidson police motorcycles under the following terms and conditions: 1) EQUIPMENT Seven (7) Harley-Davidson FLHTP police motorcycles with abs (anti-lock braking system). Color: black and white with gold stripe. Vehicle Identification Numbers on each of the seven (7) motorcycles to be determined upon receipt from Harley- Davidson Motor Company. New police equipment will be supplied and installed by the lessor: tour-pack, lights, engine guards, siren and radio equipment, etc. Old police equipment listed above will be returned to City of Evanston, Evanston Police Department. 2) AGREEMENT TERM This Agreement shall be effective as of the date of execution for a period of twelve (12) months, June 1, 2011 to June 1, 2012. Motorcycles leased under this Agreement are to be used for Police and related activities only. 3) PAYMENT PERIOD Upon delivery of motorcycles to Lessee, Lessee shall make a one-time payment in the amount of twenty three thousand, nine hundred forty dollars ($23,940.00). Payment shall be satisfactory compensation for the use of all seven motorcycles, cost of the equipment installation (as listed in Paragraph 1 of this agreement), plate transfer and title, and administrative cost less the residual value of all seven (7) motorcycles. Police equipment shall be installed by Lessor prior to delivery of the motorcycles to Lessee. 4) INSURANCE At its own expense, Lessee shall carry Casualty Insurance with respect to the motorcycle and shall carry Public Liability and Property Damage Insurance sufficient to the protect the full value of the equipment and to protect the Lessor from liability in all events. The Lessee shall carry Worker’s Compensation Insurance covering all employees working on, in, near, or about the motorcycle and shall require any other person working on, in, near, or about the motorcycle to carry such coverage. The Lessee shall furnish to the Lessor, upon request, certificates or other satisfactory evidences of all the insurance coverages described above as required by the terms and conditions of this Agreement. Page 1 of 4 Page 173 of 469 5) INDEMNITY The Lessee shall and does hereby indemnify and save the Lessor harmless from any and all liability arising out of the leasing, renting, operation, control, use, delivery and/or return of the motorcycles including, but not limited to injuries causing personal injury, property damage and/or death, but shall be credited with any amounts received by the Lessor with respect thereto from liability insurance secured by the Lessee. That indemnification shall include all reasonable costs and expenses including attorney’s fees incurred by the Lessor in connection with any suits or actions resulting from any special liability. 6) LIENS The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the equipment, except with respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time. 7) TAXES The Lessee shall comply with all laws and shall pay all taxes, if any, including, but not limited to, Sales and Use Taxes, Excise Taxes, Personal Property Taxes and Assessments and Penalties, Licenses, Registration Fees, Freight and Transportation charges, Permits and any similar charges imposed on the ownership, possession or use of the motorcycles during the term of this Agreement. 8) CARE AND USE OF EQUIPMENT The Lessee at its own cost and expense shall maintain the motorcycles in good operating condition, repair and appearance, and protect them from deterioration other than wear and tear incurred as a result of the motorcycle being used as an official police vehicle; shall use the motorcycle for police and related activities only, without abuse,; shall not make modifications, alterations or additions to the motorcycle (other than routine maintenance and necessary repairs, normal operating accessories, or controls) without the written consent of Chicago Harley- Davidson, Inc., such consent which shall not be unreasonably withheld. Chicago Harley-Davidson, Inc. shall have the right during normal hours to enter upon the Evanston Police Department premises where the motorcycle is located in order to inspect, observe or otherwise protect their interest and the Lessee shall reasonably cooperate in affording them the opportunity to do the same. No motorcycle, however, shall be removed from service while on official police business for the purpose of Lessor enforcing its rights to inspect or observe the motorcycle. The Lessee agrees to maintain the motorcycle pursuant to the Manufacturer’s Standard Preventative Maintenance Contract and/or Recommendations and may do so without additional authorization or permission from Lessor. Page 2 of 4 Page 174 of 469 9) DAMAGE OR DETERIORATION OF EQUIPMENT In the event the equipment is partially damaged or destroyed prior to the end of this Agreement, wear and tear incurred as a result of use as an official police vehicle excepted, if reasonably possible, and to the extent reasonably practicable, the Lessee will, in a timely fashion, have the Equipment repaired and restored to its condition and working order as a City of Evanston Police motorcycle. 10) EVENTS OF DEFAULT AND REMEDIES Lessee shall be deemed to be in default hereunder upon the occurrence of any of the following events of default: a. Lessee shall fail to make its one payment specified in paragraph 3 hereinabove. b. Lessee shall fail to keep any such other term, covenant, or condition contained written herein. 11) NOTICE AND CURE Upon the occurrence of an event of default as specified above, Lessor shall give written notice to Lessee that it is in default. If Lessee fails to remedy such default within thirty (30) days after written notice of default is issued, Lessor or its assigns shall have the right, at its option without any further demand or notice, to pursue any one or more of the following remedies: a. Re-enter and take possession of the equipment enforcing this Agreement or terminating this Agreement, and repossess the equipment and sell or lease the equipment for the account of Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling and for the difference in the purchase price, rental and other amounts paid by Lessee hereunder. This remedy shall not be available during the time which said motorcycle(s) is on official police business, but this remedy shall become available to Lessor immediately after that motorcycle(s) is removed from service or is no longer on official police business. b. Take whatever action at law or in equity may appear necessary or desirable to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement. Page 3 of 4 Page 175 of 469 THE LESSEE STATES THAT, BY SIGNING THIS LEASE AGREEMENT, IT HAS BEEN GIVEN A COMPLETED COPY OF THE LEASE AGREEMENT AND NOTICE OF ASSIGNMENT OF THIS LEASE AGREEMENT BY THE LESSOR TO A PARTY OF HIS CHOICE. LESSEE CITY OF EVANSTON 2020 ASBURY AVENUE EVANSTON, ILLINOIS 60201 DATE: ___________________________ BY: _________________________________ Title LESSOR CHICAGO HARLEY-DAVIDSON, INC. 2929 PATRIOT BOULEVARD GLENVIEW, ILLINOIS 60026 DATE: ___________________________ BY: _________________________________ President/Owner Page 4 of 4 Page 176 of 469 For City Council meeting of May 23, 2011 Item A3.10 Business of the City by Motion: Service Center Parking Deck Repair 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 Subject: Design Engineering Services for Emergency Repair of Service Center Parking Deck Date: May 11, 2011 Recommended Action: Staff recommends the approval of the contract for Parking Deck Restoration Design Engineering Services to Carl Walker, Inc. (1920 South Highland Avenue, Suite 210, Lombard, IL) to facilitate the emergency repair of the Evanston Municipal Service Center, Building D, parking deck. Funding Source: Funding for this work will come from the CIP Fund “Service Center Parking Deck Repairs” (415224) in the amount of $44,300.00. The budgeted amount is $50,000. Summary: The Municipal Service Center’s ‘D’ Building consists of an upper parking deck for employees with high bays below for vehicle and equipment storage. Bays are heated with a radiant heating system and are also ventilated to reduce diesel fumes from idling trucks in winter when overhead doors are closed. The parking deck is comprised of concrete columns, pre-cast inverted beams, pre-cast double tee slabs with a non- structural slab topping and a series of expansion joints at the end of each double tee flange. Due to the presence of vehicular traffic, the double tee slabs move slightly which reduces joint flexibility over time. Additionally, UV sunlight and salt tracked in by vehicles add to joint and concrete deck deterioration. Regular inspection and maintenance repairs are required in order to maintain this structure properly. The structure’s joints were last ground and re-caulked in 2005. In October 2007 gross structural movement was observed in the Streets and Sanitation bay, resulting in the need to provide emergency measures to support and repair the double tee slab system. Investigation into this failure revealed that an end of one double Memorandum Page 177 of 469 tee, designed to rest on a beam, had been displaced as a result of ongoing water/salt infiltration and consequent concrete erosion. Recently, ComEd has informed the City that the area above the ComEd transformer housed within this facility is leaking on their electrical equipment, a situation which could result in significant damage to the facility if not addressed promptly. The original consultants hired for the 2005 rehabilitation project, Carl walker, Inc., were contacted to review the emergency situation. The original firm was brought back to expedite the repair process because they have the information and drawings from the original project. The City staff held a site meeting on May 2, 2011, to review the deteriorating joints on the service center parking deck. It is anticipated that the project would consist of: • Replacement of all precast joint seals and expansion joints. • Construction of expansion joints over structurally sensitive areas. • Waterproofing of cracked areas of the deck and areas over electrical and sensitive equipment (approx. 15% of the deck area). • Limited structural repairs primarily associated with insufficient bearing and concrete deterioration. The scope of Carl Walker, Inc.’s, services includes: • Structural inspection and evaluation. • Contract document preparation. • Bidding Assistance. • Construction Administration. We are planning to complete the construction of this project this year. It should be noted that the Installation of the waterproofing is weather sensitive. The anticipated work is estimated to cost between $150,000 and $200,000. Attachments: Carl Walker, Inc. proposal Page 178 of 469 1920 South Highland Avenue, Suite 210 Lombard, IL 60148 P. 630.307.3800 F. 630.307.7030 www.carlwalker.com May 12, 2011 Mr. Paul Schneider, P.E. pschneider@cityofevanston.org Director of Transportation City Engineer Public Works Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201-2798 Re: Municipal Service Center Building D Parking Deck Repairs Carl Walker, Inc. Proposal R1-11-076 (Revised) Dear Paul: Carl Walker, Inc. is pleased to submit this proposal to provide professional engineering services for the restoration of the Evanston Municipal Service Center, Building D, parking deck in Evanston, Illinois. The scope of our services will include an evaluation of the existing parking/roof deck and development of a repair program to address current leaks, deterioration and structural deficiencies. An opinion of probable construction cost will be provided for the recommended repair program. Our proposed scope of services also includes the development of repair specifications and drawings, project bidding, as well as construction review and administration services. Per your request, we have provided estimated fees for these services based on an anticipated probable scope of work estimated to cost in the range of $200,000 to $300,000 including the following: • Replacement of all precast joint seals and expansion joint seals. • Waterproofing of cracked areas of the deck and areas over electrical and sensitive equipment (approx. 15% of the 50,000 SF deck area). • Limited structural repairs primarily associated with insufficient bearing and concrete deterioration. • Construction of expansion joint system over structurally sensitive areas. Page 179 of 469 Evanston Municipal Service Center Bldg. D Parking Deck Restoration May 12, 2011 Page 2 of 5 - 2 - PROJECT APPROACH We propose the following project approach for the repair of the Evanston Municipal Service Center, Building D, parking deck. Phase 1 – Evaluation During this phase, investigative tasks will be performed and the restoration scope defined. Construction phasing, sequencing, and other Owner requirements will be reviewed and incorporated into the design. Specifically, the following tasks will be performed: a. Review existing documentation including original design drawings, specifications, evaluation reports, and construction shop drawings, as available. b. Perform a visual review of the structure noting evidence of cracking, leaking, and spalling of concrete structural elements. Inspection of the underside of the deck will be performed from the vantage of a scissors lift and will require the City of Evanston to move equipment as needed to allow unobstructed access. c. Review specific areas of structural concern, including cracking, deterioration and possible insufficient structural support at the bearing end of the precast concrete double tees. d. Perform a limited chain drag (soundings) of the top of the supported parking deck to identify areas of deterioration and to estimate the quantity of slab repair required. e. Concrete cores will be extracted at four (4) locations for use in materials testing. Cores will be subject to both Chloride Ion and Carbonation testing. These tests are useful in assessing the long-term durability and expected continuing deterioration of the concrete and service life of the repairs, providing benchmark readings for future evaluation, and for recommending corrosion protection methods (i.e. the relative merits of applying a penetrating sealer vs. and deck membrane vs. cathodic protection). f. Remove typical joint and crack sealant at a minimum of four (4) locations to determine the joint/crack profile and typical condition of the sealant. Coring at some locations may be performed if sealant removal alone reveals insufficient information. g. Observations of conditions that may require immediate repairs for user safety will be noted. These may include such items as serious trip hazards and loose/hanging concrete. h. Review options for construction phasing, with the specific goals being to minimize construction cost and construction schedule and to maximize the use of the facility during repairs. i. Prepare an itemized opinion of probable construction costs for repair and maintenance of the structure over a 20 year period (20 year lifecycle cost analysis). Page 180 of 469 Evanston Municipal Service Center Bldg. D Parking Deck Restoration May 12, 2011 Page 3 of 5 - 3 - j. Prepare a written report that will explain the general condition of the structure, outline the observed areas of deterioration, and conceptually describe appropriate repair and protection options. Phase 2 – Construction Document Preparation During this phase, we will prepare construction documents, including drawings and specifications, for use in competitive bidding, permitting, and construction. The Construction Documents will be based on the agreed project scope, phasing, and budget objectives developed in the Evaluation Phase. Specifically, we will provide the following services: a. Review the recommended scope of repairs with the Owner to develop a specific repair program b. Prepare construction drawings including title sheet, general notes, plans, sections, and details necessary for bidding, construction, and permitting. These drawings will include structural repairs and waterproofing details. c. Prepare technical specifications to complete the work. These specifications will define the materials, preparation requirements, and installation requirements. d. Submit Preliminary and Pre-final contract documents for review (four sets each). e. There will be one (1) review meeting with each submittal. f. Provide the City with an electronic copy of all of the contract documents (DWG & DOC formats). Phase 3 – Bidding During this phase we will assist in the bidding process and evaluation of contractor bids. Specifically we will perform the following services: a. Provide a list of qualified contractors to bid the project. b. Attend pre-bid conference and be available to respond to contractors’ questions, and if necessary, issue project addenda. c. Assist in the evaluation of contractor bids and provide our comments and recommendations. d. Provide fifteen (15) bid sets of the contract documents. Phase 4 –Construction Administration During this phase we will assist the Owner in coordinating project related activities and provide periodic field observation of the construction. Specifically we will perform the following services: a. Attend a pre-construction conference. b. Consult with the Public Works Department and coordinate necessary progress meetings. Page 181 of 469 Evanston Municipal Service Center Bldg. D Parking Deck Restoration May 12, 2011 Page 4 of 5 - 4 - c. Review contractor submittals, procedural submittals, etc. d. Respond to Contractor RFI’s. e. Review contractors pay requests, and assist in documentation of construction quantities where unit pricing is used. f. Perform weekly visits, on average, to the site during construction to monitor the progress and review work performed relative to the intent of the plans and specifications. For each site visit a report will be prepared and submitted. g. Attend bi-weekly progress meetings to review construction progress and address coordination issues with the Owner. h. Review all warranty information provided by the Contractor. i. Perform final punch list review with the Public Works Department and the contractor. j. Provide a copy of all project documents/correspondence/records to the City of Evanston. Phase 5 – Post-Construction Warranty Review During this phase, we will perform a post-construction Warranty Inspection (11 months after construction). ANTICIPATED PROJECT SCHEDULE We have developed an estimate of the project schedule for the repair of the Evanston Municipal Service Center, Building D, parking deck: Phase Description Phase Duration 1. Evaluation 3 weeks 2. Construction Document Preparation 4-5 weeks* 3. Bidding 3 weeks 4. Construction Review & Administration 8-12 weeks (est.) 5. Post-Construction Warranty Review 11 months after construction *Excludes time for City of Evanston review. Page 182 of 469 Evanston Municipal Service Center Bldg. D Parking Deck Restoration May 12, 2011 Page 5 of 5 - 5 - PROJECT FEES We propose to provide restoration and structural engineering services for the fixed fees plus reimbursable expenses as presented in the following table. Professional fees for Phases 1, 3, and 5 are fixed, and fees for Phases 2 and 4 are not-to-exceed fixed fees to be determined upon completion of Phase 1 and establishment of the scope of repair work. Reimbursable expenses incurred during the course of the project will include customary expenses such as concrete coring, laboratory testing, scissors lift rental (2-3 days), mileage, reproductions, equipment use, communications, and postage. *Fees for Phases 2 and 4 are estimated based on the anticipated scope of work described on page 1 and estimated to cost between $200,000 and $300,000. We thank you for the opportunity to assist with this assessment and look forward to working with you. Sincerely, CARL WALKER, INC. William A. Mahler, AIA Restoration Manager, Chicago Region Patrick D. Martin, P.E. Director of Restoration cc: Stefanie Levine, RLA Asst. Superintendent of Parks/Forestry Facilities Management slevine@cityofevanston.org CARL WALKER, INC. FEE SUMMARY Phase Description Professional Fees Estimated Expenses 1. Evaluation $ 8,500 $ 3,400 2. Construction Document Preparation* $ 12,000 $ 800 3. Bidding $ 3,000 $ 1,000 4. Construction Review & Administration* $ 13,000 $ 1,000 5. Post-Construction Warranty Review $ 1,500 $ 100 Not-to-Exceed Fee Total*: $ 38,000 $ 6,300 Page 183 of 469 For City Council meeting of May 23, 2011 Item A311 Business of the City by Motion: Cooperative Computer Services Library Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mary M. Johns, Library Director Subject: Approval of Single Source Purchase of Library Automation Services from Cooperative Computer Services Date: May 12, 2011 Recommended Action: Staff recommends approval of the single source purchase of library automation services from Cooperative Computer Services (3355J N. Arlington Heights Rd., Arlington Heights, IL) in the amount of $82,613.74. This is a 1.7% decrease over last year on an annualized basis. Funding Source: Funding in the amount of $78,053 will be from the Library’s Technical Services Computer Licenses and Support account (2835.62340) and $4,560.74 from the Adult Services Computer Licenses and Support account (2806.62340). Summary: Cooperative Computer Services (CCS) is a partnership providing an integrated library automation system (ILS) for the Evanston Public Library and 22 other CCS member public libraries located in the north and northwest suburbs of Chicago. This shared resource allows the member libraries to recognize significant cost savings through group purchasing power. CCS is an Intergovernmental Instrumentality formed under the Illinois state constitution to administer the system on behalf of its member libraries, which fund virtually all its activities. The City of Evanston entered into an inter- governmental agreement with CCS in 2005. In Evanston, CCS supports 58,603 registered borrowers and the circulation of 951,532 items (2010-11 data) through the Library's selection of materials, cataloging, public catalogs, circulation (including payment of bills and fines), interlibrary loan, other resource sharing activities and access to databases inside and outside the Library by providing the technical support for the computer hardware and software infrastructure, thus saving the City the costs of maintaining a separate standalone system. CCS libraries check out almost ten million items a year using the system, and send hundreds of thousands of books and other media back and forth to serve the needs of Memorandum Page 184 of 469 Budget\City Council Agenda Items\11-5-23 CCS Library Automation Services.doc Gottschalk customers. This ILS is fully compatible with the City’s computing infrastructure and uses a web-based architecture that has a minimal impact on the City’s technology resources. This purchase covers the Evanston Public Library’s annual share of these services. The primary users are the library customers and staff who depend on this automated system to provide the online catalog of materials and circulation system. Customers and staff use the online catalog both in the library and remotely to determine if the library owns an item, whether it’s checked out or available and where it’s located; and the online circulation feature provides the mechanism for checking materials in and out, and placing holds or renewing items on-line. Because all the members of the consortium share the same ILS, Evanston customers and staff have immediate access to the catalogs of all the member libraries, greatly expanding the number of available books and other materials than would otherwise be available if the library had a standalone automation system. Legislative History: The City Council approved an intergovernmental agreement with Cooperative Computer Services for the provision of library automation services in 2005. Attachment: Copy of intergovernmental agreement. Page 185 of 469 Page 186 of 469 Page 187 of 469 Page 188 of 469 Page 189 of 469 Page 1 of 2 For City Council meeting of May 23, 2011 Item A4 Resolution 32-R-11: Parking Lot 38 Lease with YMCA For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Joellen Earl, Director of Administrative Services Rickey A. Voss, Parking/Revenue Manager Subject: Resolution 32-R-11 authorizing the City Manager to execute a five (5) year lease allowing continued use of Parking Lot 38 located 1016 Grove Street. Date: May 4, 2011 Recommended Action: Staff recommends City Council approval of Resolution 32-R-10 authorizing the City Manager to enter a five (5) year lease allowing continued use of City Parking Lot 38 located at 1016 Grove Street. Lease will be with the Young Men’s Christian Association (YMCA) located 1000 Grove Street, Evanston, IL 60201. Funding Source: Funding for the lease will be provided by the Parking Fund Account 7015.62375 Summary: For over 30 years, the City has leased the parcel of land located at 1016 Grove Street be longing to the Young Men’s Christian Association (YMCA). 1000 Grove Street, Evanston, IL 60201. Previous leases have been based on reimbursing the property owners at a rental rate based on the annual fifty percent (50%) of the gross revenues collected by the Lessee as parking fees for parking upon the premises. The lease has been beneficial for both the City and residents who frequent businesses in the area. The lease does not specify on how the City can regulate the parking, but the method of utilization either metered or permit may be changed from time to time by mutual consent thereby allowing the City to use either metered or permit parking based on demand. There are currently 29 public parking spaces available in Lot 38. Memorandum Page 190 of 469 Page 2 of 2 The lease was last renewed for five (5) years by mutual consent in May of 2006. Based revenues in FY 2010 of $50,000, the annual anticipated lease cost will be $25,000. ---------------------------------------------------------- Attachments: Resolution 32-R-10 YMCA Lease Page 191 of 469 Page 192 of 469 Page 193 of 469 Page 194 of 469 Page 195 of 469 Page 196 of 469 Page 197 of 469 For City Council meeting of May 23, 2011 Item A5 Resolution 28-R-11: League of Women Voters Civic Center Lease 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 Paul D’Agostino Superintendent Parks/Forestry Subject: Resolution 28-R-11 Authorizing Lease of First Floor Civic Center Office Space to the League of Women Voters of Evanston Date: May 13, 2011 Recommended Action: Enter into renewal of lease agreement between League of Women Voters and The City of Evanston. Funding Source: N / A Summary: The current lease with the League of Women Voters of Evanston, for the office space on the first floor of the Lorraine H. Morton Civic Center will expire on May 31, 2011. This leased space is utilized for the business activities of the League. The attached resolution is for a new one-year lease from June 1, 2011 to May 31, 2012 with a rent increase of 3% from $208.00 per month to $214.00 per month. Staff will work with the League of Women Voters during the next year to negotiate a longer term lease that is agreeable to both parties. Alternatives: N / A ------------------------------------------------------------------------------------- Attachments: Copy of Resolution Copy of Lease Memorandum Page 198 of 469 4/18/2011 28-R-11 A RESOLUTION Authorizing the Lease of Certain Room Space on the First Floor of the Lorraine H. Morton Civic Center (Room 1030) to the League of Women Voters of Evanston from June 1, 2011 through May 31, 2012 WHEREAS, the City of Evanston owns certain real property legally described as follows: PARCEL 1 Lot 1 (except the South 33 feet) thereof in Academy’s Subdivision of a part of Lot 19 in the Assessors Division of Section 7, Township 41 North, Range 14, east of the Third Principal Meridian, according to the plat of said Subdivision recorded June 2, 1897, in Book 72 of plats, page 36 as Document 2546204. PARCEL 2 Lots 1 to 18 (except the South 33 feet of said Lots 2 and 18) in Academy's Subdivision of part of Lot 19 in the Assessor's Division of fractional Section 7, Township 41 North, Range 14, East of the Third Principal Meridian, according to the plat of said subdivision recorded June 29, 1900, in book 78 of plats, page 48 as Document 2980315. PARCEL 3 All of the North and South 20 foot vacated alley lying West of and adjoining Lot 1 in Academy's subdivision aforesaid also all of the East and West 16.9 foot vacated alley lying between Lots 9 and 10 in Academy’s Subdivision aforesaid all in Cook County, Illinois, commonly known as 2100 Ridge Avenue, Evanston, Illinois; and WHEREAS, said real estate is improved with a five-story building known as the Lorraine H. Morton Civic Center; and Page 199 of 469 WHEREAS, the League of Women Voters of Evanston leases said first floor room space at 2100 Ridge Avenue and proposes to renew its lease agreement with the City; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City of Evanston would be served by the continued leasing of said property to, and executing of a lease with, the League of Women Voters of Evanston. NOW, THEREFORE, 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 and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston a Lease, by and between the City of Evanston as Lessor and the League of Women Voters of Evanston as Lessee, for certain first floor space for a term of one (1) year at a rental rate of $214.00 (Two Hundred Fourteen and no/100 Dollars) per month for the term of June 1, 2011 through May 31, 2012, in substantial conformity with that Lease attached hereto as Exhibit A and made a part hereof. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions on the Lease of aforesaid room space as may be determined to be in the best interest of the City. SECTION 3: That this Resolution 28-R-11 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Page 200 of 469 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2011 Page 201 of 469 EXHIBIT A Lease between the City of Evanston and the League of Women Voters for the Lorraine H. Morton Civic Center, Room 1030, from June 1, 2011 through May 31, 2012 Page 202 of 469 LEASE BETWEEN THE CITY OF EVANSTON AND THE LEAGUE OF WOMEN VOTERS FOR THE LORRAINE H. MORTON CIVIC CENTER, ROOM 1030 FROM JUNE 1, 2011 THROUGH MAY 31, 2012 T E R M O F L E A S E DATE OF LEASE: BEGINNING ENDING ANNUAL RENT June 1, 2011 May 31, 2012 $214.00/month DEMISED PREMISES: Room 1030 2100 Ridge Avenue Evanston, Illinois 60201 PURPOSE: Utilization of vacant office space in the Lorraine H. Morton Civic Center by the League of Women Voters of Evanston for conduct of official business. LESSEE: League of Women Voters of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 LESSOR: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 IN CONSIDERATION of the agreements herein stated, LESSOR hereby leases to LESSEE Room 1030 of the Lorraine H. Morton Civic Center consisting of one hundred three (103) square feet, to be used for the business activities of the LESSEE subject to the conditions stated herein. 1. The LESSEE shall pay or cause to be paid the rent above stated to the LESSOR, said rent to be due and payable one month in advance, by the first calendar day of each month. Said rent shall be paid at the office of the LESSOR, Facilities Management Department, Room 1450, 2100 Ridge Avenue, Evanston, Illinois 60201. Page 203 of 469 2. This is a lease renewal. Lessee knows the condition of said demised premises, acknowledges the same to be in good order and repair, and acknowledges that no representations as to the condition and repair thereof have been made by the LESSOR or its agent at any time that are not expressed herein or herein endorsed. 3. LESSOR will at all reasonable hours during each day and evening, from October 1st to May 31st, during the term, when required by the season, furnish at its own expense heat for the heating apparatus in the demised premises, except when prevented by accidents and unavoidable delays, provided, however, that the LESSOR shall not be held liable in damages on account of any personal injury or loss occasioned by the failure of the heating apparatus to heat the premises sufficiently, by any leakage or breakage of the pipes, by any defect in the electric wiring, elevator apparatus and service thereof, or by reason of any other defect, latent or patent, in, around, or about the said building. LESSOR will air-condition the premises between June 1st and September 30th. 4. LESSOR will cause the halls, corridors and other parts of the building adjacent to the demised premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. 5. LESSEE shall comply with such rules and regulations as may later be required of it by LESSOR for the necessary, proper, and orderly care of the Lorraine H. Morton Civic Center building in which the demised premises are located. 6. LESSEE shall neither sublet the demised premises or any part thereof, assign, nor otherwise transfer this Lease nor permit by any act or default any transfer of LESSEE'S interest by operation of law, nor offer the demised premises or any part Page 204 of 469 thereof for lease or sublease, nor permit the use thereof for any purpose other than as above mentioned, without in each case the prior written consent of LESSOR. 7. No modifications, alterations, additions, installations, or renovations including decorating shall be undertaken by the LESSEE without first obtaining the written permission from the LESSOR. The cost of all alterations and additions, etc. to said demised premises shall be borne by the LESSEE and all such alterations and additions shall remain for the benefit of the LESSOR. In the event uniform window treatment is required by LESSOR, LESSOR shall supply and install materials at LESSOR'S expense. 8. LESSEE shall return the demised premises to LESSOR at the termination of the lease with glass of like kind and quality in the several doors and windows thereof, entire and unbroken, shall not allow any waste or misuse, and will not neglect the water or light fixtures on the demised premises; LESSEE shall compensate other tenants of the building for damage caused by Lessee’s misuse, waste or neglect. 9. At the termination of the Lease, by lapse of time or otherwise, LESSEE agrees to yield up immediate and peaceable possession to LESSOR, and failing so to do, to pay as liquidated damages, for the whole time such possession is withheld, the sum of two hundred and no/100 dollars ($200.00) per day, and it shall be lawful for the LESSOR or his legal representative at any time thereafter, without notice, to re-enter the demised premises or any part thereof, and to expel, remove and put out the LESSEE or any person or persons occupying the said premises, using such force as may be necessary so to do, and to repossess and enjoy the premises again as before this Lease, without prejudice to any remedies which might otherwise be used for arrears Page 205 of 469 of rent or breach of covenants; or in case the said premises shall be abandoned, deserted, or vacated, and remain unoccupied five (5) days consecutively, the LESSEE hereby authorizes and requests the LESSOR as LESSEE'S agent to re-enter the premises and remove all articles found therein, regardless of ownership, place them in some regular storage warehouse or other suitable storage place for no more than forty- five (45) days, at the cost and expense of LESSEE, and proceed to re-rent the said premises at the LESSOR'S option and discretion and apply all money so received after paying the expenses of such removal toward the rent accruing under this Lease. This request shall not in any way be construed as requiring any compliance therewith on the part of the LESSOR. If the LESSEE shall fail to pay the rent at the times, place and in the manner above provided, and the same shall remain unpaid five (5) business days after the day whereon the same should be paid, the LESSOR by reason thereof shall be authorized to declare the term ended, and the LESSEE hereby agrees that the LESSOR, his agents or assigns may begin suit for possession or rent. 10. In the event of re-entry and removal of the articles found on the premises and personally owned by LESSEE or others as herein provided, the LESSEE hereby authorizes and requests the LESSOR to sell the same at public or private sale within fifteen (15) days notice, and the proceeds thereof, after paying the expenses of removal, storage and sale to apply towards the rent reserved herein, rendering the overplus, if any, to LESSEE upon demand. 11. At the termination of this Lease by lapse of time or otherwise, Lessee shall leave the demised premises in broom clean condition and shall turn over any and all keys to the City Manager. Lessee shall pay Lessor for any damages to the leased Page 206 of 469 premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing therefor by the City. 12. In the event that the LESSOR, his successors, attorneys or assigns shall desire to regain the possession of the demised premises herein described for any reason, LESSOR shall have the option of so doing upon giving the LESSEE sixty (60) days notice of LESSOR'S election to exercise such option. 13. Only those signs, posters and bulletins expressly permitted by LESSOR shall be allowed in and around the building containing the demised premises. This condition shall include, but not be limited to, signage, posters, or announcements relating to any election, candidates for public office, or other matters of public interest. 14. The LESSOR will at its cost supply electric lighting, cleaning and general maintenance of the demised premises and adjoining stairwells and access corridors. The cleaning of said premises shall be conducted on the same schedule and in the same scope and manner as with other City offices, during hours which will not unreasonably interfere with the conduct of business. 15. Access to the building and the demised premises during periods other than regular business hours, by the LESSEE, his agents or employees shall be allowed only to the demised premises and the corridors and stairwells required for access thereto, and only to those persons who have been designated in writing by the LESSEE and approved by the LESSOR. 16. All applicable laws, and ordinances, and City policies concerning political activities and electioneering shall be observed by the LESSEE in and around the demised premises. Page 207 of 469 17. The provisions of the Municipal Code of the City of Evanston concerning the consumption and use of alcoholic beverages are hereby incorporated by reference and made a part of this lease. 18. The LESSEE agrees that there shall be no unrefrigerated food stored on the leased premises, and that no refrigerator of a capacity greater than six (6) cubic feet, or stoves or other appliances for the preservation or preparation of food, other than a coffee pot or device for warming water for beverage preparation, shall be installed or otherwise maintained on the premises. 19. LESSEE shall, during the entire term hereof, keep in full force and effect a Comprehensive General liability policy in the amount of one million and no/100 dollars ($1,000,000.00) with respect to the leased premises, with provisions acceptable to Lessor, and the activities of LESSEE in the leased premises. LESSEE shall furnish copies of a Certificate of Insurance with the LESSOR/OWNER named as an additional insured with an insurance company acceptable to the LESSOR. The LESSEE shall furnish, where requested, a certified copy of the policy(s) to the LESSOR. The policy(s) shall provide, in the event the insurance should be changed or cancelled, such change or cancellation shall not be effective until thirty (30) days after the LESSOR has received written notice from the insurance company(s). An insurance company having less than an A- Policyholder’s Rating by the Alfred M. Best Company will not be considered acceptable. LESSEE shall also insure the following indemnity provisions, and such agreement shall be clearly recited in the body of the Certificate of Insurance: LESSEE hereby agrees to indemnify, protect and save LESSOR safe and harmless against all claims, actions, or causes of action resulting from loss, damage, or injury to any person or persons or property caused by, connected with, or resulting from LESSEE’s operations on the leased Page 208 of 469 premises or any activities by LESSEE’s agents, servants, employees, or invitees thereon. In the event of any conflict between the language of the insurance policy(s) and the above-recited indemnity provisions, the indemnity provision shall govern. If requested by the LESSOR, the LESSEE at its own expense, cost, and risk shall defend and pay all costs, including attorney's fees, of any and all suits or other legal proceedings that may be brought or instituted against the LESSOR, or any such claim or demand, and pay and satisfy any judgment that may be rendered against them in any such suit or legal proceeding or the amount of any compromise or settlement that may result therefrom. Notwithstanding any of the foregoing, LESSEE has no obligation to defend or indemnify LESSOR in or for any claim or action against LESSOR alleging negligence or gross negligence. 20. The Lease is executed in Evanston, Illinois. The laws of Illinois shall be applicable in the event of a dispute between Lessor and Lessee. Venue shall be in Cook County, Illinois. The parties waive trial by jury. 21. Notices given or required under this Lease shall be sent to the City in care of the Facilities Management Department and to the League of Women Voters. A mailed notice must be sent by first class mail, return receipt requested and is effective five (5) days after deposit in the U.S. Mail. Notice given by personal delivery is effective upon delivery. 22. The persons whose names are subscribed below on behalf of the Lessor and Lessee represent and warrant that they are properly authorized to execute this Lease on behalf of their respective parties. Page 209 of 469 WITNESS the hands and seals of the parties hereto, as of the date of this Lease stated above. LESSOR: LESSEE: City of Evanston League of Women Voters of Evanston By: ____________________________ By: _______________________________ Wally Bobkiewicz, City Manager _______________________________ ATTEST: Typed Name _______________________________ By: ____________________________ Title Rodney Greene, City Clerk Date: _____________________, 2011 Date: ________________________, 2010 Approved as to form: W. Grant Farrar, Corporation Counsel E N D O F D O C U M E N T Page 210 of 469 For City Council meeting of May 23, 2011 Item A6 Resolution 33-R-11: Open Space Lands Acquisition & Development (OSLAD) Grant Application for the Centennial Park Lagoon For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Paul D’Agostino, Superintendent Parks/Forestry & Facilities Stefanie Levine, Assistant Superintendent Parks/Forestry & Facilities Subject: Resolution 33-R-11: Authorization for the Open Space Lands Acquisition and Development (OSLAD) Grant Application for the Centennial Park Lagoon Date: May 23, 2011 Recommended Action: Staff recommends forwarding Resolution 33-R-11 to City Council which authorizes the City Manager to sign the Resolution of Authorization for the Open Space Lands Acquisition and Development (OSLAD) grant application through the Illinois Department of Natural Resources for the Centennial Park Lagoon Renovation Project. Summary: The OSLAD grant is a state-financed program. Assistance can be requested for development of land for public outdoor recreation purposes. The program operates on a reimbursement basis providing up to 50% assistance for approved project costs. Funding for development projects is limited to a maximum grant award of $400,000. As part of the proposal, a Resolution of Authorization is required from the local sponsor certifying and acknowledging that it has 100% of the funds necessary to complete the pending project within the time frames specified. The grant application is due on July 1, 2011. Parks, Recreation and Community Services is preparing an OSLAD grant application to renovate the Centennial Park Lagoon. The OSLAD grant program requires a minimum 50% match for project funding. A private donor has offered a $500,000 donation in support of this project. The OSLAD grant application will request a maximum grant award of $400,000. A commitment of $100,000 in Capital Improvement Program (CIP) funding through the pending FY 2012 budget will also be required in order to meet the required project budget. This proposed project is in accordance with the Lakefront Master Plan as adopted by the City Council on January 28, 2008 and includes the following scope items: 1) Memorandum Page 211 of 469 replacing plumbing equipment and constructing a larger maintenance vault to provide functional equipment and safer operating conditions for staff, 2) performing crack sealing and waterproofing to reduce water consumption and extend the lagoon’s service life, 3) reconstructing an existing waterfall to restore an important historic feature and meet code requirements, 4) tuckpointing stonework as needed to extend the service life of the lagoon’s numerous stone walls, 5) reconstructing, widening and enhancing deteriorated paving to bring the facility into compliance with current ADA requirements, eliminate trip hazards and meet user needs, 6) installing new site furnishings such as benches, trash and recycling receptacles to provide a functional, unified and attractive facility, 7) installing new pedestrian lighting to provide evening security for park users and meet the “dark sky” initiative of the Lakefront Master Plan, 8) enhancing landscaping with additional ornamental materials including colorful perennial plantings and 9) installing new signage to guide users and provide better context for the site overall. It is required that the City submit a signed Resolution of Authorization. This document must accompany the application materials due on July 1, 2011. ------------------------------------------------------------------------------------- Attachments: Resolution 33-R-11 Page 212 of 469 5/6/2011 33-R-11 A RESOLUTION Authorizing the City Manager to Sign a Resolution of Authorization for an Open Space Land Acquisition and Development (OSLAD) Grant Application for the Centennial Park Lagoon Renovation Project WHEREAS, the Open Space Land Acquisition and Development (hereinafter, “OSLAD”) Grant is a state-financed program operated by the Illinois Department of Natural Resources; and WHEREAS, an OSLAD Grant can be requested for acquisition and/or development of land for public outdoor recreational purposes; and WHEREAS, the OSLAD Grant Program operates on a reimbursement basis providing up to fifty percent (50%) assistance for approved project costs, with a maximum award of four hundred thousand dollars ($400,000.00); and WHEREAS, an applicant, as part of its proposal, must adopt and submit a Resolution of Authorization by July 1, 2011, certifying and acknowledging that it has one hundred percent (100%) of the funds necessary to complete the pending project within the required time; and WHEREAS, the City’s Parks, Recreation and Community Services Department is preparing a grant proposal for the Centennial Park Lagoon Renovation Project (the “Project”); and Page 213 of 469 33-R-11 ~2~ WHEREAS, a private citizen has offered to donate five hundred thousand dollars ($500,000.00) matching funds for the Project; WHEREAS, the City Council has designated one hundred thousand dollars ($100,000.00) in property tax-supported bond money in the FY 2012 Capital Improvement Program to provide matching funds for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: That the City Council adopts the State of Illinois OSLAD Doc-3 Resolution of Authorization attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: 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 Resolution of Authorization and the Grant Application to apply for an OSLAD Grant for the Project. SECTION 4: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Resolution of Authorization and Grant Application as may be determined to be in the best interest of the City. SECTION 5: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Page 214 of 469 33-R-11 ~3~ ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2011 Page 215 of 469 33-R-11 ~4~ EXHIBIT A State of Illinois OSLAD Doc-3 Resolution of Authorization Page 216 of 469 Page 217 of 469 For City Council meeting of May 23, 2011 Item A7 Ordinance 28-O-11: Authorizing the City to Borrow from the IEPA Loan Program For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Manager – Construction & Field Services Subject: Ordinance 28-O-11 Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Date: May 14, 2011 Recommended Action: Staff recommends approval of Ordinance 28-O-11 authorizing the City to borrow funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program. Loan funds will be used for the construction of the Large Diameter Sewer Rehabilitation Phase I project. Funding Source: This ordinance authorizes the City to borrow up to $4,000,000. The debt service will be paid from the Sewer Fund. Staff has attached a revised long-term funding analysis that includes this loan and the debt service for repayment. Background: In 2009, the City of Evanston completed the 15-year Long Range Sewer Program. This program was to install a relief overflow combined sewer system that would mitigate issues with stormwater management and flooding. It has been very successful – in recent years, there has been relatively little flood damage during significant rain events. However, while this program addressed the flooding problem, it did not address the condition of the existing combined sewer system. The City has 7.2 miles of 36-inch diameter and larger sewers that are constructed of brick or clay tile and are greater than 100 years old. The estimated cost to rehabilitate these sewers using a cured-in-place pipe (CIPP) lining process is $14.4 million. In 2009, the City applied to the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for funding for the Large Diameter CIPP Sewer Rehabilitation Phase I project. This project will address 1.4 miles of the 7.2 miles of Memorandum Page 218 of 469 large diameter sewer in need of rehabilitation at various locations around the City. A map of these locations is attached. This project is being designed by in-house staff. It is scheduled to begin construction after the notice of receipt of the loan. Construction is estimated to continue for eighteen months from the start date. The estimated cost for this project $3,756,755, based on preliminary budget estimates for construction and contingencies. Please reference the attached letter from the IEPA dated January 14, 2011 regarding the Project Summary and Notice of Categorical Exclusion from Detailed Environmental Review. The actual loan amount is subject to vary based on actual construction costs determined by bid prices. The interest rate for the loan is 1.25%, and the loan would be repaid over 20 years. The IEPA requires that an ordinance be adopted to indicate the City’s willingness to accept a loan from the State’s Water Pollution Control Loan Program. The City has previously received 26 loans through this revolving loan fund program, all for the Long Range Sewer Program. We also received one loan from a similar revolving loan fund program for drinking water, which was used for the design and construction of the 2009 Water Main, Sewer and Street Improvements and the Heated Intake Installation. Legislative History: None Attachments: Proposed Ordinance 28-O-11 IEPA letter dated January 14, 2011, Project Summary and Notice of Categorical Exclusion from Detailed Environmental Review Sewer Fund Projection Page 219 of 469 Page 220 of 469 Page 221 of 469 Page 222 of 469 Page 223 of 469 Page 224 of 469 Page 225 of 469 Page 226 of 469 Page 227 of 469 Page 228 of 469 Page 229 of 469 Page 230 of 469 1 2 345678910(estimated) (projected)(projected) (projected) (projected) (projected) (projected) (projected) (projected) (projected)CCF water sold 3,300,000 3,250,000 3,200,000 3,150,000 3,100,000 3,050,000 3,000,000 2,950,000 2,950,000 2,950,000 SEWER FUND SUMMARYFY 10/11FY 11FY 12FY 13FY 14FY 15FY 16FY 17FY 18FY 19Operating RevenuesOperations (sewer service charge)12,440,248 10,618,600 12,608,000 12,411,000 12,214,000 12,017,000 11,820,000 11,623,000 11,623,000 11,623,000 Debt Proceeds (IEPA loan funded)3,800,000 - - - - Investment earnings3,332 27,261 18,108 13,824 18,167 10,415 5,787 5,904 12,198 Miscellaneous89,586 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 New Bond Proceeds8,000,000 5,000,000 4,000,000 Reasonable Charge from Tax Exempt312,400 307,402 302,483 297,643 292,881 288,195 283,584 279,047 274,582 Transfer from Parking Fund4,000,000 TOTAL REVENUES 16,440,248 22,823,918 18,042,663 16,831,591 12,625,467 12,428,048 12,218,610 12,012,371 12,007,951 12,009,780 Rate Amount3.94 3.94 3.94 3.94 3.94 3.94 3.94 3.94 3.94 3.94 Rate Amount to NFP4.53 4.53 4.53 4.53 4.53 4.53 4.53 4.53 4.53 Operating ExpensesSewer Operations1,634,933 1,673,727 1,734,500 1,786,535 1,840,131 1,895,335 1,952,195 2,010,761 2,071,084 2,133,216 Other Operating Expenses33,100 21,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Interfund Transfers to GF (not fleet)266,000 216,400 282,199 290,665 299,385 308,366 317,617 327,146 336,960 347,069 Interfund Transfers to Insurance Fund270,203 209,257 286,658 295,258 304,115 313,239 322,636 332,315 342,285 352,553 Interfund Transfer to Debt Service Fund21,000 128,000 208,000 272,000 272,000 272,000 272,000 272,000 272,000 Capital Outlay- 12,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 Capital Improvement270,000 1,687,475 3,800,000 800,000 800,000 800,000 800,000 800,000 800,000 800,000 Repayment to Parking Fund4,000,000 Debt Service (existing)14,215,356 14,215,356 14,146,801 11,446,640 9,719,878 9,253,663 8,539,460 7,735,570 6,935,692 5,665,039 NEW DEBT SERVICE (IEPA LOAN)212,900 212,900 212,900 212,900 212,900 212,900 212,900 212,900 TOTAL EXPENSES 16,689,592 22,056,215 20,641,058 15,089,998 13,498,409 13,105,503 12,466,809 11,740,692 11,020,921 9,832,778 Net Surplus (Deficit)(249,344) 767,703 (2,598,395) 1,741,593 (872,942) (677,455) (248,198) 271,679 987,030 2,177,002 Beginning Unrestricted Fund Balance2,591,620 2,342,276 3,109,979 511,584 2,253,177 1,380,235 702,780 454,581 726,260 1,713,290 Ending Unrestricted Fund Balance2,342,276 3,109,979 511,584 2,253,177 1,380,235 702,780 454,581 726,260 1,713,290 3,890,292 Notes:Confirmed from CAFRPer preliminary and un-audited figures provided by FinanceBased on FY 11 Approved BudgetSewer Fund ProjectionSelling $17M Bond (over 4 years) with Abatement from Property Tax LevyNo Annual Rate Increases5/18/2011Page 231 of 469 For City Council meeting of May 23, 2011 Item A8 Ordinance 47-O-11: Amending Evanston City Code, Titles 1, 2, and 11 For Introduction To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 47-O-11, Provisionally Adopting, Enacting and Re-enacting Titles 1, 2, and 11 of the Evanston City Code Date: May 6, 2011 Recommended Action: Staff submits for review and consideration adoption of Ordinance 47-O-11 provisionally amending the following Titles to the Evanston City Code: Title 1: General Administration Title 2: Boards and Commissions Title 11: Administrative Adjudication The appropriate motion to adopt this Ordinance is: “I move to adopt Ordinance 47-O-11 adopting the provisional ordinance related to amendments to Titles 1, 2, and 11 of the Evanston City Code”. Funding Source: n/a 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. Memorandum Page 232 of 469 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 recodifying the entire Code will be presented. Upon approval, our codifier will codify and reproduce the “Evanston City Code, 2011” General Changes Modernizing the Code included removing gender bias by using both masculine and feminine pronouns. Repetitious, archaic, and sometimes contradictory language was simplified by rewording and eliminating duplicative provisions. Other stylistic and wording changes were made to clarify text. 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 1: General Administration In Title 1, many proposed changes update staff titles and department names to reflect the current organizational structure. It is also proposed that Paragraph B be removed from section 1-9-6, lifting a broad prohibition of work by City employees on Sundays except in cases of emergency. Certain Chapters of Title 1 were not targeted for substantive changes as part of this code modernization project. Specifically, Chapter 11 (Finance Department), Chapter 17 (Purchasing), and Chapter 19 (Municipal Indebtedness), need additional consideration in conjunction with the City Manager’s Office and the Administrative Services Department so that the procedures related to purchasing and financial matters can be comprehensively examined and responsibility for these functions properly apportioned in light of the current organizational structure. Those Chapters were reviewed for the uniform, non-substantive edits that appear throughout the Title. Title 2: Boards and Commissions In Title 2, proposed changes reflect the repeal of certain commissions and the establishment of the Utilities Commission, which absorbed the existing Energy Commission, by Ordinance 89-O-10 last year. The provisions of Chapter 8 that were duplicated and/or superseded by provisions of the zoning law, Title 6, have been deleted—specifically, the procedures and fees for zoning amendments. The Chapter on the Business District Redevelopment Commission, repealed by Ordinance 11-O-83, has been removed. Certain Chapters of Title 2 were not targeted for substantive changes as part of this code modernization project. Specifically, Chapter 2 (formerly Chapter 3), pertaining to the Civil Service Commission, has not been substantively altered at this time because it is the subject of an ongoing review and comprehensive reform. Page 233 of 469 Title 11: Administrative Adjudication In Title 11, changes are proposed to conform language in the ordinance to the language used in the authorizing or parallel state statutes, in particular the Municipal Code and the Motor Vehicle Code. The titles of various personnel were edited to conform to the City’s current organizational structure. Finally, to remove a contradiction within Title 11, changes are proposed to reflect that a parking ticket must be paid or scheduled for adjudication either in person or by mail within 10 days of a notice of violation or a second notice of violation. Failure to do so will result in a finding of liability by default. Late penalties will be automatically assessed when fines remain unpaid 21 days after the adjudication of liability or the entry of a default judgment for failure to appear for adjudication. The time period of 21 days was selected for late penalties to avoid assessment of penalties during the time period in which a respondent may move to vacate a default judgment. It does not affect the 35 days in which an appeal may be filed under the Administrative Review Law. All changes were made at the direction of, or with the approval of, the Chief Hearing Officer and the Administrative Hearings Division Manager. Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: Ordinance 47-O-11 Attached separately: BLACKLINE copies of Title 1, Title 2, and Title 11 are available at: http://www.cityofevanston.org/government/agendas-minutes/agendas-minutes---city-council/ Page 234 of 469 5/4/2011 47474747----OOOO----11111111 A N ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Provisionally Adopting, Enacting, and Re-enacting New and Amended Code Provisions to Titles 1, 2 and 11 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 Shall 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 Page 235 of 469 47-O-11 ~2~ Title 6), later this year. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Titles 1, 2 and 11 of the Evanston City Code of 1979, as amended, are hereby provisionally amended as set forth in the attached: Title 1 Amendments and Revisions Title 2 Amendments and Revisions Title 11 Amendments and Revision and incorporated herein. 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 Page 236 of 469 47-O-11 ~3~ 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.” 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 237 of 469 For City Council meeting of May 23, 2011 Item A9 Ordinance 32-O-11: Sale of City Real Estate in 700 Block of Chicago Avenue For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager Steve Griffin, Director, Community and Economic Development Dennis Marino, Manager, Planning & Zoning Division Subject: Ordinance 32-O-11 – Amendment to Real Estate Sales Contract for Sale of City Owned Property in the 700 Block of Chicago Avenue to Evanston Devco, LLC (AMLI Residential) Date: May 17, 2011 Recommended Action Staff recommends approval of Ordinance 32-O-11, which includes the reduced sale price of $770,085 for the City property on the 700 block of Chicago Avenue due to current market conditions and the substantial change in property valuation. AMLI anticipates proceeding with development in 2011 subject to final private financing approval. AMLI has been pursuing plan reviews by multiple City departments in the past 90 days. This Ordinance was introduced at the May 9, 2011 City Council meeting. Summary In December 2010, AMLI Residential requested that the City re-appraise the property on the 700 block of Chicago Avenue (vacant land) owned by the City that was authorized for sale to AMLI on September 22, 2008 by Ordinance 96-O-08. AMLI is the developer of an approved planned development that proposes to construct 214 dwelling units along Chicago Avenue south of Kedzie and approximately 8,400 square feet of commercial space. This will replace the two vacant, former auto dealer properties and a 1920’s era vacant commercial building that previously was occupied partially by the Salvation Army. The City owned parcel is the third parcel needed by AMLI to complete the proposed project. AMLI requested that the City re-appraise the City owned property due to the decline in property values since 2008 when the property was initially appraised for $900,000. The City re-appraised the property through appraiser Michael MaRous in January 2011. Mr. MaRous re-appraised the property for $770,085 which represented the high end of the estimated appraised value range of the property identified by Mr. MaRous in 2011. Memorandum Page 238 of 469 Page 2 The City expects the closing on this property to take place in the 4th quarter of 2011 and expects construction to being immediately thereafter with an anticipated completion date of mid 2013. Legislative History Ordinance 96-O-08 was approved on September 22, 2008 Attachments Ordinance 32-O-11 and 96-O-08 Ordinance 130-O-08 Appraisal of January 4, 2011 by Michael MaRous Page 239 of 469 4/18/2011 32323232----OOOO----11111111 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Authorizing Authorizing Authorizing Authorizing an Amendment an Amendment an Amendment an Amendment totototo thethethethe Real Estate Contract Real Estate Contract Real Estate Contract Real Estate Contract for for for for thethethethe Sale of Sale of Sale of Sale of CityCityCityCity----Owned Owned Owned Owned Real Real Real Real PropertyPropertyPropertyProperty,,,, Located in Located in Located in Located in thethethethe 700 Block of 700 Block of 700 Block of 700 Block of Chicago AvenueChicago AvenueChicago AvenueChicago Avenue,,,, to to to to Evanston Devco, LLCEvanston Devco, LLCEvanston Devco, LLCEvanston Devco, LLC WHEREAS, on September 22, 2008, the City Council approved, by the unanimous adoption of Ordinance 96-O-08, attached hereto as Exhibit 1 and incorporated herein by reference, the negotiated sale of the City-owned real property in the 700 block of Chicago Avenue in Evanston, Illinois (the “Subject Property”) to Evanston Devco, LLC; and WHEREAS, due to the substantial decline in the real estate market since the Subject Property was last appraised in 2008, Purchaser requested a new appraisal of the Subject Property; and WHEREAS, pursuant to the new appraisal and further negotiations with Evanston Devco, LLC, the City Council wishes to amend the negotiated sale price to seven hundred seventy thousand eighty five dollars ($770,085.00). 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 of the City of Evanston hereby approves the negotiated sale of the Subject Property, with the City of Evanston as Seller and Evanston Devco, LLC, as Buyer, on terms consistent with the Agreement for Purchase Page 240 of 469 32-O-11 ~2~ and Sale of Real Estate attached to Ordinance 96-O-08 as Exhibit B thereto (the “Agreement”), for the amended price of seven hundred seventy thousand eighty five dollars ($770,085.00). SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the Agreement, as amended hereby, pursuant to the terms of which the Subject Property shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Property as the City Manager may deem fit and proper. SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and deliver such other documents, agreements, and certificates as may be necessary to effectuate the sale herein authorized. SECTION 5: 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. SECTION 7: That if any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. Page 241 of 469 32-O-11 ~3~ Ayes: ______________ Nays: ______________ Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, City Attorney Page 242 of 469 32-O-11 ~4~ EXHIBIT EXHIBIT EXHIBIT EXHIBIT 1111 Ordinance 96-O-08 Page 243 of 469 96-0-08 AN ORDINANCE Authorizing the City Manager to Execute a Real Estate Contract for the Sale of City-Owned Real Property Located in the 700 Block of Chicago Avenue in Evanston, Illinois to Evanston Devco, LLC Page 244 of 469 WHEREAS,the City Manager recommends that the City Council hereby approve the negotiated sale of the Subject Property, with the City of Evanston as Seller and Evanston Devco, LLC,as Buyer; and WHEREAS,the City Council hereby finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the aforesaid Subject Property to Evanston Devco, LLC, on terms consistent with the Agreement for Purchase and Sale of Real Estate,attached hereto as Exhibit B and incorporated herein by reference (hereinafter, the "Agreement"); and WHEREAS,as required by City Code §1-17-4-2 (B), a Notice of Intent to Sell Certain Real Estate, which is attached hereto as Exhibit C and incorporated herein by reference, has been published in the Evanston Review,a newspaper of general circulation in the City of Evanston, and said publication was not less than fifteen (15), nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the sale of the Property, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1:That City Council of the City of Evanston finds as fact the recitals hereinabove set forth. SECTION 2:That the City Council of the City of Evanston hereby approves the negotiated sale of the Subject Property, with the City of Evanston as Seller and Evanston Devco,LLC, as Buyer. Page 245 of 469 SECTION 3: The City Manager is hereby authorized and directed to sign,and the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant to the terms of which the Subject Property shall be conveyed.The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Property as the City Manager may deem fit and proper. SECTION 4: The City Manager and the City Clerk,respectively,are hereby authorized and directed to execute, attest,and deliver such other documents, agreements, and certificates as may be necessary to effectuate the sale herein authorized. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: That this Ordinance 96-0-08 shall be in full force and effect from and after its passage,approval, and publication in the manner provided by law. SECTION 7: That if any provision of this Ordinance 96-0-08 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. Page 246 of 469 C( oNays:_ Introduc~/l ,2008 Adopted:L-7.-,2008 Page 247 of 469 LOTS 9 AND 10 IN BLOCK 2 IN KEDZIE AND KEENEY'S ADDITION TO EVANSTON, A SUBDIVISION OF PART OF THE SOUTH 1'2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 19,TOWNSHIP 41,RANGE 14,EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY, ILLINOIS. Page 248 of 469 Evanston Devco, LLC Agreement for Purchase and Sale of Real Estate Page 249 of 469 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE (this "Agreement") is entered into as of the Effective Date per Section 10.18,which is , 2008,by and between THE CITY OF EVANSTON ("Seller"),and EVANSTON DEVCO,LLC, a Delaware limited liability company ("Purchaser"), A.Seller legally or beneficially owns the land (the "Land") which is legally described on Exhibit A-I attached hereto and depicted on Exhibit A-2 attached hereto.The Land consists of approximately 17,100 square feet and is located on Chicago Avenue,south of the intersection with Kedzie Street,in the City of Evanston,County of Cook,State of IIIinois. B.The Land,all improvements,fixtures,and tangible personal property located on the Land; all easements and appurtenances belonging to the Land;and all interest of the titleholder of the Property in any streets or other rights of way adjacent to the Land,are collectively referred to as the "Property". D.Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser the Property on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: ARTICLE 1 AGREEMENT TO PURCHASE AND SELL Purchaser agrees to purchase and Seller agrees to sell the Property to Purchaser or its nominee at the Purchase Price described below,subject to the terms and conditions set forth in this Agreement.In furtherance of such agreement,Seller agrees to conveyor cause to be conveyed to Purchaser good and marketable fee simple title to the Property subject to the Permitted Exceptions (defined below). Such conveyance shall be by recordable special warranty deed and the other instruments specified in Section 8.4 below. ARTICLE 2 PURCHASE PRICE 2.1 Purchase Price. The purchase price for the Property to be paid by Purchaser to the Seller shall be NINE HUNDRED THOUSAND and NO/lOO Dollars ($900,000.00)(the "Purchase Price"). 2.2 Payment of the Purchase Price. The Purchase Price,less the Earnest Money, and plus or minus any adjustments,credits or pro-rations provided for herein,shall be paid at the Closing,by cashier's or certified check or by wire transfer of current funds. Page 250 of 469 (a) Within three (3) Business Days after the Effective Date,Purchaser shall pay into a strict joint order escrow with Seller at Chicago Title Insurance Company (the "Title Insurer") the sum of $50,000.00 as earnest money (together with any interest earned thereon,the "Earnest Money"). (b) The Earnest Money may be invested by the Title Insurer as Purchaser directs in United States Treasury Bills or a federally insured money market account.Seller and Purchaser shall share equally the cost of the joint order escrow,but Purchaser shall bear the cost of any investment fee charged by the Title Insurer as escrowee. If this Agreement is terminated because of a Seller default or failure of an Article 3 contingency or another condition to Purchaser's obligation to close set forth in this Agreement,then the Earnest Money shall be refunded to Purchaser.The Earnest Money shall be applied to the Purchase Price at the Closing. 2.4 Closing Costs.Seller shall pay the cost of: (a) the Title Commitment and Title Policy (including extended coverage and the Contiguity Endorsement);and (b) obtaining and recording any releases of any mortgages,liens or other encumbrances which are not Permitted Exceptions. Purchaser shall pay the cost of: (v) recording the deed; (w) the cost of any title endorsements other than the Contiguity Endorsement; (x) the cost of the Survey;(y)all other escrow and other fees imposed in connection with the closing of Purchaser's purchase money loan (if any),and (z) the cost of applying for and securing the Governmental Approvals. Purchaser and Seller shall share equally the escrow fees for the Closing. All other closing costs shall be apportioned according to prevailing local custom. Each party shall pay its own legal fees. 2.5 Closing Pro-rations and Adjustments.All items of income or expense other than real estate taxes and assessments ("Taxes") shall be pro-rated according to prevailing local custom. If the Property is currently tax exempt,there shall be no real estate tax pro-ration at Closing.Provided that the Property is not currently tax exempt,unpaid Taxes for the applicable tax year which are not yet due and payable on the Closing Date shall be pro-rated as follows. Any Taxes which are assessed only against the Property as a separate parcel shall be pro-rated to the Closing Date on the basis of 105% of the most recent ascertainable bill or assessment therefor. Such pro-ration shall be re-pro-rated upon receipt of the actual bill.If all or a portion of the Property is located in a tax or assessment parcel (a "Tax Parcel")which also includes other property,then any unpaid Taxes for the applicable tax year which are not then due and payable on the Closing Date with respect to such Tax Parcel shall be pro-rated to the Closing Date as follows. Purchaser's credit shall be based on 105% of the portion of the most recent ascertainable bill or assessment for the Tax Parcel which is allocable to the Property. ARTICLE 3 CONDITIONS PRECEDENT In addition to the terms and conditions set forth elsewhere in this Agreement,Purchaser's obligation to purchase the Property shall be subject to the following conditions precedent: Page 251 of 469 (a) During the sixty (60) day period (the "Land Due Diligence Review Period") following the Effective Date, Purchaser and its agents and contractors shall have the right to enter upon the Property and conduct such tests and investigations as may be necessary for Purchaser to determine whether there are any matters which in Purchaser's judgment would make unfeasible Purchaser's intended use of the Property together with the McKay Property and McKone Property (each as defined in Section 3.3 below) for a residential apartment community having a number of apartment units satisfactory to Purchaser but not more than 232,and approximately 8,400 square feet of retail or business uses with four (4) residential stories above two (2) levels of parking,retail and residential space for a total building height above grade of not more than 67 feet (the "Intended Use"). Among the matters Purchaser will investigate are (i) a zoning of the Property; (ii) soils and environmental matters; (iii) the state of title to the Property as evidenced by the Title Commitment; (iv) matters shown on the Preliminary Survey; (v) the availability and sufficiency of utilities, including water,sanitary sewer,storm/retention facilities, telephone, gas and electricity; and (vi) the existence of any laws, regulations orjudicial matters affecting the Property.Within five (5) business days after the Effective Date,Seller shall provide Purchaser with a copy of each of the items (the "Delivery Items") described on Exhibit B that affect the Property and which are in Seller's possession or control.The Land Due Diligence Review Period shall be extended day to day for each day Seller is late in delivering the Delivery Items to Purchaser. (b) In the event the Purchaser,acting in its sole discretion,determines that any of the matters reviewed by Purchaser would make unfeasible Purchaser's Intended Use or purchase of the Property,then Purchaser may elect to terminate this Agreement by delivering written notice of termination to Seller at any time on or prior to the last day of the Land Due Diligence Review Period. If Purchaser fails to give Seller notice of termination by the end of the Land Due Diligence Review Period,then the Land Due Diligence Contingency will be deemed waived. (c) If Purchaser so elects to terminate this Agreement,the Earnest Money shall be refunded to Purchaser. In such event,Purchaser shall (i) return to Seller any materials Seller had delivered to Purchaser in connection with Purchaser's review, and (ii) deliver to Seller (without cost to Seller) any and all title reports,surveys,soil tests,or environmental studies pertaining to the Property which Purchaser has obtained during the Land Due Diligence Review Period. Items (i) and (ii) are called the "Return Items". (d) Purchaser shall repair any damage to the Property resulting from Purchaser's activities on the Property under this Agreement.Purchaser shall indemnify,defend,and hold harmless Seller and Seller's elected and appointed officials,employees and agents from and against any and all loss,damage, liability or expense (including reasonable attorneys fees) and claims and liens of mechanics or materialmen any of the indemnified parties may incur as a result of Purchaser's access,other than any property damage or injury to any person,which damage or injury is (i) related to Hazardous Materials (as defined in Section 6.1 (f)below) in existence on the Property or (ii) is caused by the negligence of Seller. The indemnity obligations of Purchaser under this Section 3.1 shall survive the Closing or a termination of this Agreement, notwithstanding anything contained to the contrary in this Agreement.Any investigation or inspection conducted by Purchaser pursuant to this Agreement,in order to verify satisfaction of Page 252 of 469 any conditions precedent to Purchaser's obligations under this Agreement or to determine whether Seller's representations and warranties are true and accurate,shall not affect (or constitute a waiver by Purchaser of) any of the provisions of this Agreement or Purchaser's reliance on such provisions. (a) Both Purchaser's and Seller's obligation to close shall be contingent upon Purchaser's ability to obtain the Governmental Approvals (defined in subparagraph (b) below) for the Property,McKay Property and McKone Property (collectively the "Assembled Property") which are necessary for Purchaser's Intended Use and which are satisfactory in all respects to both Purchaser and Seller. During the Land Due Diligence Review Period and thereafter through the Governmental Approvals Period (defined below),Purchaser at its expense shall seek to obtain or to confirm the availability of the Governmental Approvals. It is understood that Seller being a party to this Agreement shall not in any way obligate it to grant the Governmental Approvals for the Assembled Property,and that Purchaser's application(s) for the Governmental Approvals will be reviewed under normal City of Evanston processes subject to the normal City of Evanston standards of review without regard to the existence of this Agreement.If Purchaser determines in its sole discretion at any time during the Governmental Approvals Period that it will not be able to secure satisfactory Governmental Approvals, Purchaser shall have the right, by written notice to Seller, to terminate this Agreement. If Purchaser fails to give notice of satisfaction of the Governmental Approvals by the end of the Governmental Approvals Period, Purchaser shall be deemed to have terminated this Agreement.If Purchaser gives a notice of satisfaction of the Governmental Approvals,then Seller shall have the right to give notice that Seller is not satisfied with the Governmental Approvals. If Seller fails to give such notice within ten (10) days after receipt of Purchaser's satisfaction notice, then Seller will be deemed to be satisfied with the Governmental Approvals and the contingency in this Section 3.2 shall be satisfied. If Seller gives notice that it is not satisfied with the Governmental Approvals after Purchaser has given a notice of satisfaction,then at Purchaser's election Purchaser may by notice to Seller elect to (i) terminate this Agreement or (ii) reinstate the Governmental Approvals Period. If Purchaser fails to give notice of its election to Seller within ten (10) days after receipt of Seller's dissatisfaction notice, Purchaser will be deemed to have elected to reinstate the Governmental Approval Period. Upon a termination of this Agreement under this Section 3.2, the Earnest Money shall be returned to Purchaser and Purchaser shall deliver the Return Items to Seller. As used in this Agreement,the "Governmental Approvals Period"shall mean the period beginning on the Effective Date and running through the later of June 30,2009 and the termination of Governmental Approvals Period in the McKay and McKone Agreement. (b) As used in this Agreement,the "Governmental Approvals"shall mean the obtaining of the following items on terms and conditions satisfactory to Purchaser and Seller:(i) approval of a Planned Development suitable for Purchaser's Intended Use,(ii) approval of a final site plan and final subdivision plat for Purchaser's Intended Use, (iii) satisfactory negotiation of any fees,impositions,donations or other governmental requirements associated with the Planned Development or Purchaser's Intended Use, (iv) approval of any variations,special uses,zoning text amendments,or other zoning,subdivision,building or other code relief needed for Purchaser's Intended Use,(v) approval of any curb cuts or access permits needed for Purchaser's Intended Use,(vi) Purchaser satisfying itself that water,sanitary and storm sewer services Page 253 of 469 sufficient to service Purchaser's Intended Use will be available to serve the Property on terms and conditions satisfactory to Purchaser,and that each can be used by Purchaser at tap-on fees and rates satisfactory to Purchaser,and (vii) Purchaser satisfying itself that it can obtain building permits and other authorizations from Seller and other public agencies and authorities as may be necessary or appropriate for Purchaser's Intended Use. An affiliate of Purchaser has previously entered into an Agreement for Purchase and Sale of Real Estate dated December 7,2007 (as amended,the "McKay and McKone Agreement") with Gettysburg Partners LLC,an Illinois limited liability company ("McKone Seller") and McEvan LLC, an Illinois limited liability company ("McKay Seller") to purchase that certain parcel of land commonly known as Lots 3,4, 5 (except the portion thereof owned by Commonwealth Edison),6, 7 and 8 being approximately 47,160 square feet on Chicago Avenue north of the Property and depicted on Exhibit A-2 hereto (the "McKay Property") and Lots I and 2 being approximately 19,200 square feet on the comer of Kedzie Street and Chicago Avenue north of the McKay Property and depicted on Exhibit A-2 hereto (the "McKone Property"). Both Purchaser's and Seller's obligation to close on the purchase of the Property shall be further contingent on Purchaser closing on the acquisition of the McKay Property and the McKone Property pursuant to the McKay and McKone Agreement,simultaneous with the Closing under this Agreement.If Purchaser is unable for any reason to close the McKay and McKone Agreement and the McKay and McKone Agreement terminates,Purchaser shall provide written notice of such termination to Seller,at which point either party shall have the right by written notice to the other party, to terminate this Agreement effective 30 days after such termination notice, provided that if the McKay and McKone Agreement is reinstated during such 30-day period, such reinstatement will nullify the termination notice,and further provided that in the event of a seller's default under the McKay and McKone Agreement for so long as Purchaser is proceeding diligently and in good faith to enforce the McKay and McKone Agreement,such agreement shall not be regarded as terminated,and the time for Closing under this Agreement will be extended.Upon a termination of this Agreement under this Section 3.3,the Earnest Money shall be returned to Purchaser and Purchaser shall deliver the Return Items to Seller. It shall be a condition to Seller's obligation to close,that Seller verify,to Seller's commercially reasonable satisfaction,that Purchaser has secured adequate equity and/or debt funding sources to construct the improvements pursuant to Purchaser's Intended Use (the "Financial Contingency"). If Purchaser fails to meet the Financial Contingency as set forth above prior to Closing,Seller may,by giving written notice to Purchaser,terminate this Agreement,but if this transaction closes then Seller will be deemed to have waived the Financial Contingency.Upon such a termination,the Earnest Money shall be returned to Purchaser and Purchaser shall deliver the Return Items to Seller. Page 254 of 469 ARTICLE 4 TITLE INSURANCE AND SURVEYS 4.1 Title Commitment; Preliminary Survey.Within thirty (30)days after the Effective Date Purchaser at its expense will obtain: (a) a preliminary survey of the Property ("Preliminary Survey") by a licensed surveyor approved by Purchaser acting reasonably (the "Surveyor"),certified as having been made in compliance with 2005 ALTA/ACSM Land Survey Standards,including Table A items 1,2,3,4,6,7,8,9,10,11,13,16,17 and 18. (b) a commitment for the Property (together with all subsequent versions thereof issued prior to the Closing, the "Title Commitment") for a title policy in the form of an ALTA 2006 Form owner's title insurance policy issued by the Title Insurer with extended coverage over the standard printed exceptions and with,access,owner's comprehensive,zoning 3.0,survey, and separate tax lot endorsements,and an endorsement specifically insuring that the Property and the McKay Property are contiguous to one another (the "Contiguity Endorsement");and (c) copies of all documents evidencing the exceptions raised on the title commitment other than mortgage debt to be paid off at the Closing. If this transaction Closes then at Closing Seller shall reimburse Purchaser for the respective costs of the Preliminary and Final Survey and Title Commitment. 4.2 Permitted Exceptions.Prior to the end of the Land Due Diligence Review Period,Purchaser shall provide Seller with a list of those title exceptions (including matters of survey) which are satisfactory to Purchaser,acting reasonably.Such list shall be attached to this Agreement as Exhibit C and shall constitute the "Permitted Exceptions"under this Agreement unless and except to the extent that the list is modified pursuant to Section 4.4 hereof. Prior to the end of the Land Due Diligence Review Period, Purchaser acting reasonably may also specify any additional endorsements it shall require on each Title Policy. The provision of such endorsements shall be a condition to Closing, but the expense of such endorsements shall be borne by Purchaser. (a) Prior to the Closing,Purchaser shall obtain an updated survey of the Property (the "Final Survey") which shall: (i) reflect the recording of any subdivision plat to be recorded pursuant to Section 3.2 hereof;(ii) indicate the monumenting of the Property corners;(iii) be certified to Purchaser,Purchaser's lender,if any,Seller and the Title Insurer;and (b) At the Closing,Seller shall deliver to Purchaser an Owner's Title Insurance Policy in the form of the 2006 ALTA Form Owner's Policy from the Title Insurer,or in lieu thereof a marked-up title commitment from the Title Insurer (either being referred to herein as the "Title Policy") which shall:(i) be dated the Closing Date; (ii) name Purchaser or its permitted assignee as the insured;(iii) have a liability amount equal to the Purchase Price;(iv)show Purchaser or its permitted assignee as the owner of the Property in fee simple subject to no exceptions other than the Permitted Exceptions;(v) include extended coverage over the standard Page 255 of 469 printed exceptions; (vi) include the endorsements listed in Section 4.1(b) together with any other endorsements specified by Purchaser pursuant to Section 4.2; and (vii) include the Contiguity Endorsement.At Purchaser's option the Title Policy shall be a combined Policy for the Assembled Property provided Seller will not be obligated to pay more than the portion of the cost thereof that is equitably allocable to the Property. 4.4 Objection and Cure Period.If any Title Commitment or Preliminary Surveyor any updates of any of them contain any matters not constituting Permitted Exceptions or liens which are of a definite and ascertainable amount which can be removed at Closing by payment of money ("Removable Liens"),then the Seller may,at its election, within thirty (30) days after Seller's receipt from Purchaser of the Permitted Exceptions or a subsequent version of the Title Commitment or Survey,as the case may be: (a) cause the non-permitted matters to be deleted from the Title Commitment;(b) subject to Purchaser's approval of such arrangement (acting reasonably),cause the Title Insurer expressly to insure over such non-permitted matters;or (c) object in writing to Purchaser to the exclusion of anyone or more of such matters as a Permitted Exception. If Seller fails or elects not to cause all of the non-permitted matters to be deleted or insured over within the aforementioned thirty (30) day period,Purchaser may by written notice to Seller within five (5) days after the expiration of Seller's 30-day objection and cure period elect to: (x) terminate this Agreement,in which case all of the Earnest Money shall be returned to Purchaser, or (y) agree to take title subject to the matters at issue, in which case the Permitted Exceptions shall be expanded to include the additional matters not deleted or insured over,but with a deduction from and offset against the Purchase Price for all Removable Liens. If the updated Title Commitment or Survey containing the non-permitted matter is issued within thirty (30) days prior to the Closing,the Closing Date shall be extended as necessary to give the Seller the benefit of the full 30-day objection and cure period and to give Purchaser the benefit of the full five-day election period referred to above. ARTICLE 5 COVENANTS 5.1 Seller's Covenants.Seller with respect to the Property hereby makes the following covenants to Purchaser which shall be applicable so long as this Agreement is in effect: (a) Seller shall not from and after the date of this Agreement voluntarily or consensually perform any act which results in any additional exceptions to title that would survive the Closing without Purchaser's consent. (b) Seller shall not enter into any agreements (including leases) or amend any existing agreements which affect the Property and which would survive the Closing without Purchaser's consent; (c) Seller shall not participate in any discussions or negotiations with any other party regarding the sale or any similar transaction involving the Property; Page 256 of 469 (d) Seller shall furnish Purchaser with any notices Seller receives from governmental authorities pertaining to the Property; (e) Seller shall promptly notify Purchaser of any event or circumstance which Seller becomes aware of which causes a representation or warranty in this Agreement to be untrue or a covenant or condition in this Agreement incapable or unlikely to be performed or satisfied; (f) Seller shall not remove or materially disturb any portion of the Property including cutting trees, removing landscaping, or performing site grading,without Purchaser's consent; and (g) Seller shall allow Purchaser access to the Property throughout the term of this Agreement on the terms and conditions set forth in Section 3.1. If Seller breaches any of the foregoing covenants in any material respect by the Closing Date then Purchaser may elect to terminate this Agreement.If Purchaser elects to terminate, the Earnest Money shall be returned to Purchaser,without limiting any other remedies available to Purchaser under Section 9.2 below. 5.2 Purchaser's Covenants.Purchaser with respect to the Property hereby makes the following covenants to Seller which shall survive the Closing: (a)Right of Reverter.The deed to be delivered by Seller at Closing pursuant to Section 8.4(a) below shall contain the following reservation of a right of reverter in favor of Seller: "This conveyance is subject to a right of reverter in favor of Grantor if certain conditions are met, which right is as set forth in Exhibit D of an Agreement for Purchase and Sale of Real Estate between Grantor and Grantee dated , 2008. Such right of reverter shall expire on the four (4)-year anniversary date of this deed if such right has not been exercised, which exercise would be evidenced by recordation of a quitclaim deed re-conveying the Property from Grantee to Grantor."Seller and Purchaser hereby agree to the terms of Exhibit D attached hereto which terms shall survive the closing. (b)AMLI Control.Until the Approved Development (as defined in Exhibit D) on the Assembled Property has received its final certificate of occupancy,unless Seller approves otherwise, the developer of such Approved Development shall be an entity controlled by AMLI Residential Properties, L.P.This restriction shall not apply to any institutional construction mortgage lender who provided funding for construction of the Approved Development and who acquires title to the Assembled Property by reason of such mortgage or to any party acquiring title through such lender. Purchaser agrees that the text of this subsection 5.2(b) may be incorporated into the Planned Development Ordinance for the Approved Development. ARTICLE 6 REPRESENTATIONS AND WARRANTIES 6.1 Seller's Representations and Warranties.Seller, with regard to the Property, represents and warrants to Purchaser as follows: Page 257 of 469 (a)Authority.Seller is the owner of the fee simple absolute title to the Property. Seller has full power and authority to sell and conveyor to cause the conveyance of the Property as provided for in this Agreement and this Agreement is binding and enforceable against Seller. (b)Agreements.Neither the execution and delivery of this Agreement by Seller nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgement, decree, order, mortgage, lease, agreement,indenture or other instrument to which Seller is a party. (c)Code Violations.Seller has not received any written notice of and is not aware of any violation or claimed violation of any applicable zoning,subdivision, building,fire,health, environmental, and other codes, statutes,ordinances or laws affecting the Property, except as disclosed in writing to Purchaser by Seller prior to or during the Land Due Diligence Review Period. (d)Litigation.There is no litigation,proceeding,claim or investigation,including, without limitation,any condemnation,zoning, or environmental proceeding,pending or,to the best of the Seller's knowledge,threatened,which affects the Property or this transaction,except as disclosed in writing to Purchaser by Seller prior to or during the Land Due Diligence Review Period. (e)Zoning.The Property is zoned CIa (Commercial Mixed Use)in the City of Evanston,Illinois. There are no actions pending or threatened to change the zoning or comprehensive plan designation of the Property. (f)Hazardous Materials.Except as may be set forth in any environmental reports delivered to Purchaser and listed on Exhibit E: (i) Seller has no knowledge of any Hazardous Materials currently located on the Property,and (ii) Seller has not used,stored,or placed any Hazardous Materials under,on, or at the Property, and (iii) to the best of Seller's knowledge, all underground storage tanks previously located on the Property were either removed or closed in accordance with all Environmental Laws, and (iv) to the best of Seller's knowledge, there are no violations or claimed violations of Environmental Laws with respect to the Property. As used herein "Environmental Laws"shall mean all statutes specifically described in the definition of "Hazardous Materials"and all other federal,state or local laws, regulations or orders relating to or imposing liability or standards of conduct concerning any Hazardous Material.As used herein, "Hazardous Materials" shall mean any hazardous,toxic or dangerous substance,material, waste, gas or particulate matter which is defined as such for purposes of regulation by any local government authority, the State where the Property is located,or the United States Government, including, but not limited to,any material or substance which is (i) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste,"or "restricted hazardous waste"under any provision of law,(ii) petroleum,(iii) asbestos,(iv) polychlorinated biphenyl,(v) radioactive material,(vi) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act,33 U.S.c.Sec.1251 et seq. (33 U.S.C. Sec. 1317), (vii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.c.Sec. 6901 et ~. (42 U.S.C. Sec.6903),or (viii) defined as a "hazardous substance"pursuant to Section 101 of the Comprehensive Page 258 of 469 Environmental Response,Compensation,and Liability Act, 42 V.S.C. Sec.9601 et seq.(42 V.S.C.Sec. 9601). (g)Surviving Agreements.There are no leases,service agreements, or other agreements affecting the Property which will survive the Closing, except the lease/sublease to the auto dealership which the City will terminate at closing if the tenant/subtenant thereunder have agreed to terminate. (h)Utilities.To Seller's knowledge, all water,sewer,gas,electric and telephone utilities are installed to the boundaries of the Property or in contiguous streets,and there are no recapture agreements or other agreements requiring any out-of-the-ordinary payments for connection to such utilities. (i)Disclosure.During the Land Due Diligence Review Period,Seller delivered to Purchaser true and correct and complete copies of all Delivery Items in Seller's possession or control, and Seller has not failed or omitted to communicate in writing to Purchaser any other agreement, document or fact which is material to the Property or this Agreement. 6.2 Purchaser's Representations and Warranties.Purchaser represents and warrants to Seller as follows: (a)Agreements.Neither the execution and delivery of this Agreement by Purchaser nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgement,decree,order,mortgage,lease,agreement,indenture or other instrument to which Purchaser is a party; (b)Authority.Subject to obtaining any necessary investment committee or other internal approval of this transaction,which can be presumed if Purchaser does not terminate this Agreement at or before the end of the Governmental Approvals Period, Purchaser has full power and authority to execute this Agreement and purchase the Property as provided for in this Agreement and this Agreement is binding and enforceable against Purchaser. (c)Property Tax Covenant.At the Closing, Purchaser shall record a restnctlve covenant or deed restriction that shall run with the land which states as follows:"In the event that the Purchaser, its successors,or assigns,are or become exempt from the payment of real estate taxes, said tax-exempt entity or entities shall make annual payments in lieu of taxes,at the then-current rate applicable to that portion of the Property said tax-exempt entity or entities own, to the City of Evanston,Evanston/Skokie Community Consolidated School District 65,and Evanston Township High School District 202,for a period of thirty (30)years." 6.3 Breach of Representations and Warranties.Each party warrants that each of the representations and warranties made by it in this Article 6 or appearing in other parts of this Agreement is true as of the date of this Agreement and will also be true as of the Closing. Each party shall notify the others promptly if such party becomes aware prior to the Closing Date of any matter which would render any of the representations or warranties of such party untrue in any material respect.If any of the representations and warranties by Seller shall not be true as of the Closing and such breach has been disclosed to Purchaser and is other than as a result of Seller's deliberate or willful act,Purchaser may alternatively as its sole remedy either (a)waive Page 259 of 469 such breach and close the transaction contemplated herein,or (b) terminate this Agreement,in which event the Earnest Money shall be returned to Purchaser.In the case of a breach of any of Seller's representations or warranties as a result of Seller's willful or deliberate act,the Purchaser may exercise its remedies under Article 9. 6.4 NO OTHER WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER IS SELLING ITS APPLICABLE PROPERTY TO PURCHASER IN AN "AS-IS" CONDITION, AND PURCHASER AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER HAS NOT MADE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO PURCHASER REGARDING THE PROPERTY. ARTICLE 7 INTENTIONALL Y OMITTED ARTICLE 8 THE CLOSING 8.1 Definition; Time and Place.The performance by Seller and Purchaser of their respective obligations under this Agreement directly or through the completion of the escrow deposits required of them to be made and the delivery of the Purchase Price to the Seller by the Closing Escrowee after delivery of the Title Policy to Purchaser and delivery of possession of the Property to Purchaser shall constitute the closing of the sale (the "Closing"). The date of the Closing (the "Closing Date") shall be forty-five (45) days after the expiration or Purchaser's waiver of the Governmental Approvals Period, or such later date as may be extended by mutual written consent of Purchaser and Seller or by operation of this Agreement.Notwithstanding anything herein to the contrary, in addition to the Governmental Approvals condition this transaction is additionally conditioned on satisfaction of the conditions set forth in Sections 3.3 and 3.4 above,or waiver of such conditions by the party or parties benefited by such conditions. Purchaser may extend the Closing Date as needed for satisfaction of such conditions so long as Purchaser is pursuing such satisfaction diligently and in good faith. The Closing shall take place at the Chicago office of the Title Insurer. 8.3 Escrow.This sale shall be closed through a "New York style" escrow (the "Escrow") with the Title Insurer (the "Closing Escrowee"), in accordance with the general provisions of the usual form of escrow agreement then in use by the Closing Escrowee,with such special provisions inserted in the escrow agreement as may be required to conform with this Agreement (the "Escrow Agreement"). The Escrow and Escrow Agreement shall be auxiliary to this Agreement,and this Agreement shall govern in the event of any inconsistency with the Escrow Agreement.Upon the creation of the Escrow, payment of the Purchase Price and delivery of the deed and other closing documents shall be made through the Escrow and the Earnest Money shall be deposited in the Escrow. The attorneys for the parties are hereby authorized to execute the Escrow Agreement and any amendments thereto.Each party shall have the right to inspect all documents prior to or at the time of deposit in the Escrow. The Page 260 of 469 escrow fee for the Escrow shall be shared equally by the parties,except that the escrow fees attributable to any ancillary money lender's agreement shall be borne by Purchaser alone. 8.4 Documents To Be Delivered By Seller At Closing.At the Closing Seller shall deliver or cause to be delivered to Purchaser directly or, if either party elects,through the Escrow, the following with respect to its applicable Property,each of which shall be in form reasonably satisfactory to Purchaser and (if applicable) the Title Insurer: (a) a duly executed and acknowledged special warranty deed to the Property subject only to the Permitted Exceptions; (c) copies of the most recent tax or assessment bills or other items on which pro- rations are based; (e) evidence of authorization of Seller as to the execution of this Agreement and the sale of the Property to Purchaser and the performance of other acts required hereunder; (f) an affidavit to the effect that Seller is not a foreign person under Section 1445(b) of the United States Internal Revenue Code (FRPTA); (g) An assignment of the City's rights under the lease of the Property presently used by the auto dealership, or if such lease has terminated,the City will provide documentation evidencing such termination. (h) evidence of payment and a lien waiver from any broker whose commission is to be paid by Seller under Section 10.2 below; (i) all other documents (if any) required, pursuant to other provIsions of this Agreement or to the Escrow Agreement, to be executed and delivered by Seller; and G)such other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement. 8.5 Documents To Be Delivered By Purchaser At Closing.At the Closing Purchaser shall deliver or cause to be delivered to Seller directly, or if any party elects through the Escrow,the following with respect to each Property, each of which shall be in form reasonably satisfactory to Seller and (if applicable) the Title Insurer: (a) for herein; (b) Evidence of authorization of Purchaser as to the execution of this Agreement and the purchase of the Property from Seller and the performance of the other acts required hereunder; Page 261 of 469 (c) Evidence of payment and a lien waiver from any broker whose commission is to be paid by Purchaser under Section 10.2 below. (d) all other documents required pursuant to other provisions of this Agreement or the Escrow Agreement to be executed and delivered by Purchaser; and (e) such other instruments and documents as may be reasonably required in order to carry out the purpose of this Agreement. 8.6 Documents to be Jointly Delivered by Seller and Purchaser at Closing.At the Closing Seller and Purchaser shall each execute and deliver,directly,or if any party elects, through the Escrow,the following with respect to each Property,each of which shall be in form reasonably satisfactory to the parties and (if applicable) the Title Insurer: (a) Applicable transfer tax declarations for the State,the County and any necessary municipal transfer declarations all indicating that this transaction is "exempt"from transfer taxes; (d) such other instruments and documents as may be reasonably required in order to carry out the purpose of this Agreement. ARTICLE 9 DEFAULTS; REMEDIES 9.1 Purchaser's Default.If the transaction contemplated hereby does not close by reason of a default by Purchaser in any of the terms hereof (as opposed to by reason of failure of any contingency to Purchaser's obligations hereunder),and such default is not cured within five (5) Business Days after written notice of such default is given by Seller to Purchaser,then Seller may,at its sole option and in lieu of any and all other legal and equitable remedies which Seller may have,receive all Earnest Money deposited to the date of such default as liquidated damages, allocable to Seller as set forth in Section 2.3 and Section 3.2 above.Seller and Purchaser acknowledge that actual damages in the event of a default by Purchaser will be difficult to ascertain, and that Seller's receipt of the Earnest Money as liquidated damages represents the parties'best estimate of such damages. 9.2 Seller's Default.If the transaction contemplated hereby does not close by reason of a default by Seller in any of the terms hereof,and such default is not cured within five (5) Business Days after written notice of said default is given by Purchaser to Seller,then Purchaser may: (a) rescind this Agreement and receive all of the Earnest Money and all other sums held on account of the Purchase Price; or (b) pursue against Seller an action for specific performance or other similar relief to enforce this Agreement; or (c) if such default was as a result of Seller's willful or deliberate act,pursue against Seller any other rights or remedies available at law or in equity,including,without limitation,an action for Purchaser's actual costs and damages,all in such order or concurrently as Purchaser may elect. Page 262 of 469 ARTICLE 10 MISCELLANEOUS 10.1 Uniform Risk Act.The Uniform Vendor and Purchaser Risk Act as enacted in the State in which the Property is located shall apply to this transaction. 10.2 Payment of Real Estate Brokers and Consultants.Each party represents to the other that no other real estate broker has been used in connection with this transaction. Purchaser agrees to indemnify,defend and hold Seller harmless from and against any claim for a real estate broker's commission or fee by any other party claiming through Purchaser.Seller agrees to indemnify,defend and hold Purchaser harmless from and against any claim for a real estate broker's commission or fee by any other party claiming through Seller. 10.3 Notices.All notices and other communications which are required to be,or which may be given under this Agreement shall be in writing,and shall be delivered at the addresses set out hereinbelow. Notice may be given by personal delivery,facsimile,recognized overnight courier,or by United States mail in the manner set forth below.Notice shall be deemed to have been duly given (a) if by personal delivery, on the first to occur of the date of actual receipt or refusal of delivery by any person at the intended address, (b) if by facsimile, upon confirmed transmission, (c) if by overnight courier,on the first (1st)Business Day after being delivered to a recognized overnight courier, or (d) if by mail,on the third (3rd) Business Day after being deposited in the United States mail, certified or registered mail,return receipt requested,postage prepaid,addressed as follows: Seller:The City of Evanston 2100 Ridge Avenue Evanston,IL 60201-2796 Attn: City Manager Phone:847/866-2936 Fax: 847/448-8083 The City of Evanston 2100 Ridge Avenue Evanston,IL 60201-2796 Attn: Law Department Phone:847/866-2937 Fax:847/448-8093 The City of Evanston 2100 Ridge Avenue Evanston, IL 60201-2796 Attn: Director of Community Development Page 263 of 469 Phone:847/866-2929 Fax:847/448-8120 If to Purchaser:Evanston Devco, LLC 200 West Monroe Street Suite 2200 Chicago,Illinois 60606 Attn: President and Legal Department Phone: 312/283-4700 Fax: 312/283-4723 With a Copy to:Mayer Brown LLP 71 South Wacker Drive Chicago,Illinois 60606 Attn: Ivan P. Kane Phone:312/701-7167 Fax:312/701-7711 or to such other address as either party may from time to time specify as its address for the receipt of notices hereunder,in a notice to the other party. 10.4 Assignment.Purchaser may designate a nominee as the party which will acquire the Property.In such event all instruments,documents and agreements required to be delivered to Purchaser under this Agreement shall be delivered to,and run for the benefit of such nominee. No such designation shall relieve Purchaser of its obligations hereunder.Prior to Closing, Purchaser may not assign or pledge any of its rights under this Agreement without the prior written consent of Seller,except Seller's consent shall not be necessary for an assignment to an entity in which Purchaser or an affiliate has an ownership interest where Purchaser remains liable for all of its obligations under this Agreement.Subject to the foregoing, this Agreement shall be binding upon the undersigned and each of their successors and assigns. 10.6 Entire Agreement; Amendments.This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral,in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. The provisions of this Agreement may not be amended,changed or modified orally, but only by an agreement in writing signed by the party against whom any amendment,change or modification is sought. 10.7 Severabilitv.If any term or prOViSIOnof this Agreement or any application thereof shall be invalid or unenforceable,the remainder of this Agreement and other applications thereof shall not be affected thereby. 10.8 Captions; Number.The captions contained in this Agreement are for the convenience of reference only,and shall not affect the meaning,interpretation or construction of Page 264 of 469 this Agreement. As used in this Agreement,the singular form shall include the plural and the plural shall include the singular,to the extent that the context renders it appropriate. 10.9 Counterparts. This Agreement may be executed in counterparts,each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 10.10 Governing Law. This Agreement and all rights,obligations and liabilities hereunder shall be governed by,and construed in accordance with,the laws of the State of lllinois. 10.12 Survival.All of the respective representations and warranties of Seller and Purchaser hereunder,and all of their respective rights and remedies with respect to the incorrectness or breach thereof,shall survive the Closing Date for a period of one (1)year from the date of Closing. 10.13 Recording. Purchaser at Purchaser's option may record this Agreement or the Memorandum of Real Estate Sale Contract (the "Memorandum") attached hereto as Exhibit F with the Recorder of Deeds at any time after the Land Due Diligence Review Period.Seller shall deliver an executed,acknowledged copy of the Memorandum to Purchaser at the same time as Seller delivers an accepted copy of this Agreement to Purchaser.Purchaser agrees to deliver a recordable release of such Memorandum at any time this Agreement is terminated for any reason other than a Seller's default. 10.14 Waiver. Except as otherwise expressly provided in this Agreement,no waiver by a party of any breach of this Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature) and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows such breach at the time it accepts such payment or performance. Except as otherwise expressly provided in this Agreement,no failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first party while the other party continues to be so in default. 10.15 Business Days. If any date specified in this Agreement for the Closing Date or for commencement or expiration of time periods for termination or approvals or for notice occurs on a day other than a Business Day,then any such date shall be postponed to the following Business Day.As used herein, "Business Day"shall mean any day other than a Saturday, Sunday or a holiday observed by national banks or the Title Insurer. 10.16 Limitation of Purchaser's Liability. Any obligation or liability whatsoever of Purchaser which may arise at any time under this Agreement or any document delivered pursuant to this Agreement shall be satisfied,if at all,out of Purchaser's assets only.No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had Page 265 of 469 to,the property of any of its members,or the partners,members,shareholders,trustees,officers, employees or agents of such members on any constituent level,regardless of whether such obligation or liability is in the nature of contract,tort or otherwise. The negative capital account of any interest holder in Purchaser or the obligation of any interest holder in Purchaser to make a capital contribution to Purchaser shall not be deemed to be an asset of Purchaser. 10.18 EffectiveDate.The "Effective Date"as used in this Agreement shall be the date on which this Agreement is executed and delivered in final form by both parties.The parties shall fill in the Effective Date when that is known. Page 266 of 469 EVANSTON DEVCO, LLC, a Delaware limited liability company By: PPF AMLI Devco,LLC, a Delaware limited liability company, its sole member By: PPF AMLI Development, LLC,a Delaware limited liability company,its manager By: AMLI Residential Properties,L.p",a Delaware limited partnership,its manager By: AMLI Residential Partners LLC,a Delaware limited liability company, its general partner By:_ Name:----------Title: THE CITY OF EVANSTON, an Illinois municipal corporation By:_ Name:_ Title:_ Page 267 of 469 EXHIBIT A-I Legal Description of the Property Lots 9 and 10 in Block 2 in Kedzie and Keeney's Addition to Evanston,a subdivision of part of the South Y2 of the North Y2 of the Southwest Y4 of Section 19,Township 41,Range 14, East of the Third Principal Meridian,in Cook County,Illinois. Page 268 of 469 Depiction of the Property, the McKone Property and the McKay Property See attached. Page 269 of 469 ~-e-J'vd ; £==-====_-====-l =M;J~ ~.••..•.•••~~~.....-..(\\----\~-~~ IV>p~~+-y TIDtMtKAYGB.OUP4MOlUfINGStDEGB.OVP~-- ::.Cif.v Pa/uz.,{ 117·73SCRICAGOAVENUE,EVANSTON ~.I EXlfPUld Page 270 of 469 EXHIBIT B Delivery Items 1. Any title insurance policies or commitments (most recent),soils reports,land surveys, topographic surveys,environmental reports, engineering plans or reports,traffic reports, utility studies or other similar physical or development studies of the Property. 2.Any agreements with a governmental authority or an utility provider,including any annexation agreements,impact fee or donation agreements,PO agreements,TIF agreements and recapture agreement. 3. Any ordinances, resolutions, licenses, permits, or other similar documents evidencing a governmental approval or other governmental action specific to the Property, including any planned development (PO) ordinances;ordinances approving or denying concept, tentative, preliminary or final plans;ordinances approving or denying a special use or variance;temporary use permits,or the like. 4. Any agreements with a private party including any leases,service agreements,and recapture agreements. 5. The latest tax bill,special assessment bill (if applicable),and any notice of reassessment received since the latest tax bill. 6. Any notices of violation of any law,regulation or private agreement which remam uncured. Page 271 of 469 EXHIBIT C Permitted Exceptions [OTHERS TO BE PROVIDED BY PURCHASER DURING THE LAND DUE DILIGENCE REVIEW PERIOD] Page 272 of 469 EXHIBIT D Right of Reverter 1.The Property is sold to Purchaser with the intent that Purchaser will construct on the Assembled Property a residential apartment community with retail or business uses substantially in accordance with the Planned Development approved by the Seller by the ordinance and any amendments to such Planned Development or to the zoning of the Property which may be approved by Seller from time to time in its municipal capacity (the "Approved Development").Seller wishes to be assured that such construction will take place in a timely manner so that Seller and the Evanston community realize the benefits that are expected from such construction. Accordingly,Seller and Purchaser agree that Seller will convey the Property subject to the right of reverter set forth in this Exhibit D. 2. Contemporaneously with the execution of the deed from Seller to Purchaser,Purchaser shall execute a quitclaim deed to Seller,transferring title to the Property from Purchaser to Seller for the consideration of one dollar ($1.00). Said quitclaim deed to Seller shall bear the same date (the "Deed Date") as the special warranty deed from Seller to Purchaser.Seller shall have custody of this quitclaim deed. 3. Purchaser shall substantially commence and diligently pursue construction of the Approved Development not later than three (3) years after the Deed Date. (a) If Purchaser does not abide by the terms of this paragraph 3 above,Seller may exercise its right of reverter by a majority vote of the Aldermen of Seller's City Council in a meeting held after at least ten (l0) days prior notice to Purchaser, which vote authorizes the Corporation Counsel to record the quitclaim deed conveying title from Purchaser to Seller and to pay the amount set forth in subparagraph 3(b) below. (b) If Seller records the quitclaim deed pursuant to paragraph 3(a) of this Exhibit D, Seller shall pay Purchaser the sum of EIGHT HUNDRED FIFTY THOUSAND and NO/l 00 Dollars ($850,000.00) within ten (l0)days of such recordation. Such amount will reimburse the Purchaser for the amount paid to Seller to purchase the Property,minus an amount equal to the Earnest Money (i.e.: $50,000), which Seller shall retain. (c) If Seller does not exercise this right of reverter by recording said deed by the four (4) year anniversary of the Deed Date,then all of Seller's rights under this Exhibit D shall expire. In addition,if Purchaser satisfies the conditions of the first sentence of paragraph 3, then on request Seller will execute and deliver to Seller a recordable release of Seller's rights under this Exhibit D in form reasonably satisfactory to Purchaser within ten (l0) days of such request.If this right of reverter ceases by expiration or by release,Seller will return the quitclaim deed to Purchaser. Page 273 of 469 5. The terms and conditions in this Exhibit D shall run with the land and be binding on heirs and successors in interest.Notwithstanding the following, Seller's rights under this Exhibit D shall be subordinate to the rights of any institutional mortgage lender who provides construction financing for the Approved Development,and Seller will execute any instrument reasonably requested by such lender to confirm such subordination. Page 274 of 469 EXHIBIT E Environmental Reports [IF ANY,TO BE PROVIDED BY SELLER DURING THE LAND DUE DILIGENCE REVIEW PERIOD} Page 275 of 469 EXHIBITF Memorandum of Real Estate Sale Agreement The undersigned,as Seller,and EVANSTON DEVCO,LLC,a Delaware limited liability company,as Purchaser,herein give notice of the existence of a certain Real Estate Sale Agreement dated ,2008 wherein Seller has agreed to convey to Purchaser,or to Purchaser's nominee,title to the real estate described on Rider A attached hereto. This Memorandum of Real Estate Sale Agreement is dated this _day of ____,2008. EVANSTON DEVCO,LLC,a Delaware limited liability company, SUBSCRIBED AND SWORN to before me this __day of -,2008. SUBSCRIBED AND SWORN to before me this __ day of ,2008. PPF AMLI Devco, LLC,a Delaware limited liability company,its sole member PPF AMLI Development,LLC,a Delaware limited liability company,its manager AMLI Residential Properties,L.P.,a Delaware limited partnership,its manager AMLI Residential Partners LLC,a Delaware limited liability company,its general partner By:_ Name:----------Title: THE CITY OF EVANSTON,an Illinois municipal corporation By:_ Name:_ Date: Page 276 of 469 in Pio r Press(1607202) N Page 277 of 469 12/8/2008 12/1/2008 130-0-08 AN ORDINANCE Granting a Special Use for a Multi-family Residential and Commercial Mixed-Use Planned Development with Enclosed Accessory Parking Located at 631-749 Chicago Avenue in the C1a Commercial Mixed Use Zoning District Page 278 of 469 the building) of approximately two hundred twenty-two thousand, four hundred square feet (222,400 sq. ft.), resulting in a floor area ratio of approximately two and sixty-nine hundredths (2.69), with approximately three hundred twelve (312) off-street parking spaces enclosed within the building; and WHEREAS,pursuant to proper notice, the Plan Commission held public hearings on the application, case no. 08PLND-0083, on August 13, 2008 and October 15, 2008, heard testimony and received other evidence, made verbatim transcripts and written findings; and WHEREAS,the Plan Commission's written findings state that the application for the proposed Planned Development meets the standards set forth in the Zoning Ordinance for: Special Uses, per Subsection 6-3-5-10; general conditions for Planned Developments in the C1a District, per Subsection 6-10-1-9 (A); and site controls and standards for Planned Developments in the C1a District, per Subsection 6-10-1-9 (8); and WHEREAS,the Plan Commission recommended the City Council approve the application for a Special Use for a Planned Development; and WHEREAS,at its December 8, 2008 meeting, the Planning and Development Committee considered, amended, and adopted the findings and recommendations of the Plan Commission, as amended, and recommended approval thereof by the City Council; and WHEREAS,at its December 8, 2008 meeting, the City Council considered, adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, Page 279 of 469 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: The Applicant shall develop and operate the Special Use for a Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Development Plans in Exhibit 8, which are attached hereto and made a part hereof; all applicable legislation; the Applicant's testimony and representations to the Plan Commission, the Planning and Development Committee, and the City Council; and the approved plans and documents on file in this case. The Applicant shall reconstruct the pedestrian area along the Kedzie Avenue and Chicago Avenue frontages of the Planned Development authorized by the terms of this ordinance in conformance with the approved Chicago Avenue Streetscape plans, as depicted by the approved 100% Construction Documents, dated October 12, 2007. This shall include: relocation and reconstruction of the Chicago Avenue curb frontage as shown including, if needed, any utility relocation; provision of transitions at either end of the limits of the project; installation of thematic streetscape design amenities and hardscape (including brick accent band and corner treatment, scored broom finish concrete walking surface, street trees in iron grates and Tallmadge light fixtures); street trees and landscaping; and street milling, resurfacing and pavement narrowing up to the centerline of the roadway. Page 280 of 469 As per Section 5.2 (b) of Exhibit B of Ordinance 96-0-08, the developer of the Planned Development authorized by the terms of this ordinance, as it may be amended, shall be an entity controlled by AMLI Residential Properties, L.P., until said Planned Development receives its final certificate of occupancy, or unless the City Council approves otherwise. This restriction shall not apply to any institutional construction mortgage lender who provides funding for construction of the Approved Development and who acquires title to the Subject Properties by reason of such mortgage, or to any party acquiring title through such lender. The Applicant shall cause the general contractor and subcontractors to hire no fewer than five (5) residents of the City of Evanston to work on the construction of the Planned Development authorized by the terms of this ordinance, with preference given to qualified minorities, women, and/or unskilled workers. The goal of hiring these workers shall be to provide them with gainful employment for a reasonable period of time during said construction and to mentor each of them. To effect said mentoring, the Applicant shall cause the general contractor to assign an employee as a mentor to help said resident workers acquire the skills and experience necessary for them to continue working in the same or similar jobs after their work on the Planned Development authorized by the terms of this ordinance is complete. Should the City determine that the Applicant has failed to comply with any of the terms of this ordinance, the City may deliver written notice of non- compliance to the Applicant. If the Applicant does not cure the non- compliance identified in the notice within five (5) days, the Applicant shall owe the City a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day that the Applicant is not in full compliance. If, in the City's determination, the Applicant is diligently pursuing the cure of such non-compliance and that such cure cannot be completed within five (5) days, the City may grant the Applicant additional time that the City determines to be reasonably necessary. The Applicant shall pay the total fine assessed within thirty (30) days after written notice from the City to do so. If the Applicant fails to pay the total amount of the fine within the thirty (30) days after written notice from the City to do so, the City Council may revoke the Special Use granted by this ordinance. Page 281 of 469 SECTION 4: That, except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 5: That the Applicant shall record a certified copy of this ordinance, at its cost, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits related to the construction of the proposed Planned Development hereby authorized. SECTION 6: That, when necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall read as "Applicant's agents, assigns, and successors in interest." SECTION 7: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: That if any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 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 282 of 469 Introduced: ~0' Adopted: ~'8' Page 283 of 469 Legal Descriptions and PINs of the Properties Located at 631-749 Chicago Avenue, Evanston, Illinois LOTS 3,4,5 AND 6 (EXCEPT THAT PART OF LOT 5 LYING EAST OF THE WEST 88.25 FEET OF SAID LOT 5) IN BLOCK 2 IN KEDZIE AND KEENEY'S ADDITION TO EVANSTON, IN SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS LOTS 7 AND 8 IN BLOCK 2 IN KEDZIE AND KEENEY'S ADDITION TO EVANSTON IN THE SOUTHEAST % OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS LOT 1 AND 2 IN BLOCK 2 IN KEDZIE AND KENNEY'S ADDITION TO EVANSTON, A SUBDIVISION IN THE SOUTHEAST % OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS LOTS 9 AND 10 IN BLOCK 2, IN KEDZIE & KEENEY'S ADDITION TO EVANSTON A SUBDIVISION OF PART OF THE SOUTH % OF THE NORTH % OF THE SOUTHEAST % OF SECTION 19 TOWNSHIP 41 NORTH RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY ILLINOIS. PIN: 11-19-407 -001-0000 11-19-407 -002-0000 11-19-407 -003-0000 11-19-407 -005-0000 11-19-407 -021-0000 11-19-407 -023-0000 11-19-407 -027-8001 11-19-407 -027-8002 Page 284 of 469 Page 285 of 469 Live/Work Units II L METAL PANELSLMETAL CLADOING L NAME PLAQUE ~ BRICK VENEER Page 286 of 469 MAD/SONST KEDZ/E ::;0 CD<--(J)CDc.. Vl--r-t'CD -0-OJ::JPage 287 of 469 Revised Streetscape Plan AlLEY l-6- IlI ...G:i:i:n I r-,IL...J Page 288 of 469 ;;0ro<-.(f)ro0- m-ro<OJrT_.o:JPage 289 of 469 Page 290 of 469 Page 291 of 469 Page 292 of 469 Page 293 of 469 Page 294 of 469 Page 295 of 469 Page 296 of 469 Page 297 of 469 Page 298 of 469 Page 299 of 469 Page 300 of 469 Page 301 of 469 Page 302 of 469 Page 303 of 469 Page 304 of 469 Page 305 of 469 Page 306 of 469 Page 307 of 469 Page 308 of 469 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, May 23, 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 May 9, 2011 III. ITEMS FOR CONSIDERATION (P1) Ordinance 39-O11, Granting a Special Use for a Resale Establishment at 1610 Maple Street in the D3 Downtown Core Development District Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of Ordinance 39-O-11, granting a special use permit for the operation of a Resale Establishment with certain conditions at 1610 Maple Avenue. The proposed business meets all special use standards as identified in the attached ZBA findings letter and complies with the General Plan that designates this area as the Central Business District, as identified in the staff report to the Zoning Board of Appeals. For Introduction (P2) Ordinance 46-O-01, Granting a Special Use Permit For The Planned Development Proposed at 1915-1919 Grey Avenue Plan Commission and City staff recommend the adoption of Ordinance 46-O-01, granting a special use permit for the planned development proposed at 1915-1919 Grey Avenue. This proposed development will stimulate neighborhood revitalization and provide 6 units of affordable housing, four units of new construction and two rehabilitated units as part of Neighborhood Stabilization Program 2 (NSP2). The applicant requests to exceed development allowances to build a 4 unit multi-family structure on the property and to allow the new residential building to stand 9’ 4 ½” from the existing residential structure. This development allowance requires a 2/3 approving vote from the City Council. For Introduction Page 309 of 469 Planning & Development Committee Meeting Agenda Page 2 of 2 May 23, 2011 (P3) Ordinance 53-O-11: Amending Various Portions of the Green Building Ordinance Staff recommends passage of Ordinance 53-O-11, amending various portions of the Green Building Ordinance, Title 5, Chapter 24 of the City of Evanston Code of 1979. This amendment provides for an appendix to address Evanston Sustainable Building Measures for New Construction which is part of an option for compliance with the City’s goal of green building design for buildings ten thousand square feet (10,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.) For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 310 of 469 Planning & Development Committee Meeting Minutes of May 9, 2011 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center ALDERMEN PRESENT: D. Holmes, A. Rainey, D. Wilson, M. Wynne ALDERMEN ABSENT: J. Fiske STAFF PRESENT: G. Farrar, S. Griffin, D. Marino, B. Newman PRESIDING OFFICIAL: Ald. Wilson I. DECLARATION OF QUORUM A quorum being present, Chair Wilson called the meeting to order at 7:20 p.m. II. APPROVAL OF THE APRIL 25, 2011 MEETING MINUTES Ald. Rainey moved approval, seconded by Ald. Wynne. The minutes of the April 25, 2011 meeting were approved unanimously, 4-0. III. ITEMS FOR CONSIDERATION (P1) Approval of Sidewalk Café for Royin Sushi Bar, 1930 Central St Health Department staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Royin Sushi Bar, a Type 1 Restaurant with no liquor license, located at 1930 Central Street and operated under owner Red Maki Inc. For Action Ald. Rainey moved approval, seconded by Ald. Wynne. The Committee voted unanimously 4-0 to approve the sidewalk café at Royin Sushi Bar. (P2) Approval of Sidewalk Café for Casteel Coffee, 2924 Central St Health Department staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Casteel Coffee, a Type 2 Restaurant with no liquor license, located at 2924 Central Street and operated under owner Rubiaceous, Inc. The applicant is asking that City Council waive the requirement that flatware, dishware and beverage containers be reusable. For Action Ald. Rainey moved approval, seconded by Ald. Wynne. The Committee voted unanimously 4-0 to approve the sidewalk café at Casteel Coffee. DRAFT – NOT APPROVED Page 311 of 469 Planning & Development Committee Meeting Minutes of 5-9-11 Page 2 of 2 (P3) Approval of Sidewalk Café for Other Brother Coffeehouse, 1549 Sherman Ave Health Department staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Other Brother Coffeehouse, a Type 2 Restaurant with no liquor license, located at 1549 Sherman Avenue and operated under owner K2 Coffeehouse, Inc. The applicant is asking that City Council waive the requirement that flatware, dishware and beverage containers be reusable. For Action Ald. Rainey moved approval, seconded by Ald. Wynne. The Committee voted unanimously 4-0 to approve the sidewalk café at Other Brother Coffeehouse. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 7:24 p.m. Respectfully submitted, Bobbie Newman Page 312 of 469 For City Council meeting of May 23, 2011 Item P1 Ordinance 39-O-11: Special Use for Resale Establishment at 1610 Maple Avenue For Introduction 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 39-O11 Granting a Special Use for a Resale Establishment at 1610 Maple Street in the D3 Downtown Core Development District Date: May 12, 2011 Recommended Action Staff and the Zoning Board of Appeals (ZBA) recommend the adoption of Ordinance 39- O-11, granting a special use permit for the operation of a Resale Establishment with certain conditions at 1610 Maple Avenue. The proposed business meets all special use standards as identified in the attached ZBA findings letter and complies with the General Plan that designates this area as the Central Business District, as identified in the staff report to the Zoning Board of Appeals. Summary Linda DeWine, on behalf of Julio Andino, property owner, applies for a special use permit at 1610 Maple Avenue to operate a Resale Establishment, “The White Petal”. The proposed resale establishment would operate as follows: • Products Offered: Clothing, books, jewelry, antiques, furniture, books, other items • Hours of Operation: 11:30AM-7 PM everyday, Closed Sunday • Deliveries: By appointment • Employment: Only owner initially with the potential to add 1-2 part time employees The City established the Resale Establishment use definition as a special use in business, commercial and downtown districts in December of 2009 (Ordinance 122-O-09 attached). Memorandum Page 313 of 469 The Zoning Board of Appeals recommends the following conditions: • That the proposal operate selling items comparable to those items listed in the Zoning Code definition of Resale Establishment; • That the entity will not operate as a pawnshop; • Merchandise will be delivered and received by staff during operating hours; • That the store operations will be limited from 8AM until 10PM everyday; • That the applicant will operate according to the City’s garbage collection plan; • That development of the property be in compliance with documents on file and testimony before the ZBA Legislative History May 3, 2011 – ZBA voted 5-0 to recommend approval with conditions of the requested special use permit. Attachments Ordinance 39-O-11 Context Map Floor Plan ZBA Staff Report ZBA Findings Letter City Ordinance 122-O-09 that established Resale Establishment use Page 314 of 469 5/12/2011 39393939----OOOO----11111111 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Granting a Granting a Granting a Granting a Special Use PermitSpecial Use PermitSpecial Use PermitSpecial Use Permit for a for a for a for a Resale EstablishmentResale EstablishmentResale EstablishmentResale Establishment Located Located Located Located at at at at 1610 Maple Avenue1610 Maple Avenue1610 Maple Avenue1610 Maple Avenue in thein thein thein the D3 Downtown D3 Downtown D3 Downtown D3 Downtown Core Core Core Core DevelopmentDevelopmentDevelopmentDevelopment Zoning District Zoning District Zoning District Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on May 3, 2011, pursuant to proper notice, to consider case no. 11ZMJV-0029, an application by Linda DeWine (the “Applicant”), with permission of Julio Andino, owner of the property legally described in Exhibit A, attached hereto and made a part hereof, commonly known as 1610 Maple Avenue (the “Subject Property”) and located in the D3 Downtown Core Development Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-11-4-3 of Title 6 of the Evanston City Code, 1979, as amended (“the Zoning Ordinance”), a Resale Establishment 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 Resale Establishment 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 May 23, 2011, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings and recommended City Council approval thereof; and WHEREAS, at its meeting of June 13, 2011, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, Page 315 of 469 39-O-11 ~2~ 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 approves the Special Use Permit for a Resale Establishment on the Subject Property as applied for in case no. 11ZMJV-0029. 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 testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation and Deliveries: Except between 8:00 a.m. and 10:00 p.m. on any day, the Applicant shall neither operate nor accept deliveries to the Resale Establishment authorized by the terms of this ordinance. 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. Page 316 of 469 39-O-11 ~3~ 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 all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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. SECTION 8: 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, City Attorney Page 317 of 469 39-O-11 ~4~ EXHIBIT A LEGAL DESCRIPTION LOT 6 IN THE SUBDIVISION OF LOTS 11 AND 12 IN BLOCK 67 IN EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-302-024-0000 COMMONLY KNOWN AS: 1610 Maple Avenue, Evanston, Illinois. Page 318 of 469 1610 Maple 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 1:1,107 Made with Evanston's GIS Printed: May 11, 2011 4:21:54 PMPage 319 of 469 Page 320 of 469 To: Zoning Board of Appeals From: Dominick Argumedo, Zoning Planner Subject: 1610 Maple Avenue, 11ZMJV-0029, City Council Determining Body Date: April 29, 2011 Notice—Published in the April 14, 2011 Evanston Review: Linda DeWine, on behalf of Julio Andino property owner, applies for a special use permit at 1610 Maple Avenue in order to operate a Resale Establishment. 1610 Maple Avenue is located in the D3 Downtown Core Development zoning district that requires a special use permit for any Resale Establishment to operate. The Zoning Board of Appeals makes a recommendation to the City Council, the final determining body for this case. Site Background: The site is currently vacant. The proposed store would occupy the ground floor mixed use building. Apartment residences occupy the floors above. The applicant proposes to operate as follows: • Products Offered: Gently worn clothing, furniture, books, • Hours of Operation: Monday –Thursday: 9AM-6 or 7 PM Saturday-Sunday: Closed • Deliveries: To be done in the alley to the immediate south of the building • Employment: Applicant will be the sole employee at first, applicant may add one or two part time employees in the future. Ordinances Identified for Requested Variance Relief: 6-11-4: D3 Downtown Core District 6-11-4-3 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: Resale Establishment: A building, property, or activity, the principal use or purpose of which is the resale of used clothing, furniture, and/or other goods, products or merchandise directly to the consumer. “Resale Establishment” shall not include businesses that sell primarily cars, antiques, books, recorded music, and/or artwork. Memorandum Page 321 of 469 Site Plan and Appearance Review Committee (SPAARC) Discussion and Recommendation: April 27, 2011 Application for special use permit for Resale Establishment APPLICATION PRESENTED BY: Linda DeWine Lessee GENERAL DISCUSSION: Ms. DeWine presented where the following was discussed: • Chair Hallin provided an overview of how Resale Establishment became a special use in Evanston as of 2009 • Ms. DeWine provided the overall general propose: o To provide ‘gently used’ clothing, furniture and books to the general public o Hours would be from 8 AM- 6 or 7 PM, 5 days a week to start, during the working week o Applicant may take on a part time employee or two • Members asked where merchandise would be dropped off • Applicant stated the alley to the south would serve as the drop off point for merchandise, as this alley also serves several stores on that block for delivery purposes • Several members remarked on how this site would be positively served by its location close to transit and would replace a long standing vacant site. Action: The Committee voted unanimously to recommend approval to the ZBA. Comprehensive Plan and Other Specifications: The 2000 Comprehensive Plan classifies 1610 Maple 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 Maple Avenue as a Distributor Street; “Distributor streets attempt to resolve conflicting needs of traffic circulation, parking and pedestrians in an area where concentration of these elements is at a maximum.” 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; Page 322 of 469 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-0029) 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 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 323 of 469 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 May 3, 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 5-0 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 5-0 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 5-0 Vote (D) It does not interfere with or diminish the value of property in the neighborhood; __X___Met _____Not Met 5-0 Vote (E) It can be adequately served by public facilities and services __X___Met _____Not Met 5-0 Vote (F) It does not cause undue traffic congestion; __X___Met _____Not Met 5-0 Vote Case Number: 11ZMJV-0029 Address or Location: 1610 Maple Avenue Applicant: Linda DeWine Proposed Special Use: Resale Shop Page 324 of 469 (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 5-0 Vote and, based upon these findings, and upon a vote __5__ in favor & __0_ against recommends to the City Council ___ approval without conditions __X_ approval with conditions specifically: • That the proposal operate selling items as defined in the Zoning Code as a Resale Establishment; • That the entity will not operate as a pawnshop; • Merchandise will be delivered and received by staff during operating hours; • That the store operations will be limited from 8AM until 10PM everyday; • That the applicant will operate according to the City’s garbage collection plan; • That development of the property be in compliance with documents on file and testimony before the ZBA ____ 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__ ___ ___x__ Beth McLennan __x__ ___ ______ Matt Rodgers _____ ___ ___x__ Lori Summers __x__ ___ Page 325 of 469 Page 326 of 469 Page 327 of 469 Page 328 of 469 Page 329 of 469 For City Council meeting of May 23, 2011 Item P2 Ordinance 46-O-11 Granting a Planned Development at 1915-1919 Grey Avenue For Introduction 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 Craig Sklenar, General Planner Subject: 1915-1919 Grey Avenue Planned Development Date: May 12, 2011 Recommended Action Plan Commission and City staff recommend the adoption of Ordinance 46-O-11, granting a special use permit for the planned development proposed at 1915-1919 Grey Avenue. This proposed development will stimulate neighborhood revitalization and provide 6 units of affordable housing, four units of new construction and two rehabilitated units. This planned development is consistent with the goals and objectives of the Comprehensive General Plan. The Comprehensive Plan seeks out variety in housing types, providing for diverse housing choices throughout the community. This development at 1915-1919 Grey Avenue provides a mix of housing types that are consistent with the immediate block and the surrounding neighborhood but offers new unit types and high quality new construction choices at affordable rents. The Neighborhood Stabilization Program 2 (NSP2) was created to stabilize and revitalize urban neighborhoods. The proposed plan development will stimulate intended revitalization in a neighborhood that has experienced substantial foreclosures during the past three years and minimal new construction over many years Summary BrinNSP, LLC, property owner, applies for a Planned Development at 1915-1919 Grey Avenue. The subject property is in the R3 General Residential Zoning District. The applicant proposes to: - Renovate the current two-flat located on the property Memorandum Page 330 of 469 - Build a 4 unit multi-family residential structure on the southern portion of the parcel. The applicant anticipates beginning construction on the new structure in the summer of 2011. The renovations for the existing two-flat are currently underway. The applicant is requesting special use approval for a planned development as allowed zoning code section 6-8-1-10(B). That section allows any zoning lot over 10,000 sq. ft. to apply for a planned development in the R3 District. The applicant is seeking a reduction of overall required off-street parking from 10 spaces to 7 spaces. Staff believes that 7 parking spaces will be sufficient. The applicant also requests to exceed development allowances to build a 4 unit multi-family structure on the property and to allow the new residential building to stand 9’ 4 ½” from the existing residential structure. This development allowance requires a 2/3 approving vote from the City Council. The Plan Commission recommends the following conditions: - That the applicant place a fencing structure no higher than 42” along the southern lot line to protect pedestrians entering the building from vehicular traffic along the alley Background 1915-1919 Grey Avenue was acquired with funds from the NSP2 grant that the City of Evanston, in partnership with Brinshore Development, LLC, received to purchase, rehab and reoccupy 100 foreclosed or abandoned residential units in the City. This property is a component to the stabilization effort. The new 4 unit structure will be a $1 million investment in the neighborhood alone, include 2 handicap accessible units and will be offered to families making up to 120% of the Area Median Income. Legislative History April 13, 2011 – Plan Commission voted 7-0 to recommend approval with conditions of the requested planned development. Attachments Ordinance 46-O-11 This document provides a detailed description of the proposed planned development and the development allowances that will be granted. Plan Commission Staff Report This report includes a detailed background and analysis evaluation of the proposal as it relates to the Comprehensive General Plan. Page 331 of 469 Plan Commission Minutes 1915-1919 Grey Avenue Planned Development Application Binder This document is the application submitted by BriNSP, LLC for the planned development. It includes proposed site plans and statements as to how the planned development adheres to the standards for approval of a planned development. 1915-1919 Grey Avenue Planned Development Application Binder can be found at this link: http://www.cityofevanston.org/assets/1915-1919%20Grey%20Avenue%20PD%20Application.pdf Page 332 of 469 5/12/2011 46464646----OOOO----11111111 A N ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE GrantinGrantinGrantinGranting a g a g a g a Special UseSpecial UseSpecial UseSpecial Use Permit Permit Permit Permit for afor afor afor a MultiMultiMultiMulti----FFFFamily amily amily amily Residential Residential Residential Residential Planned DevelopmentPlanned DevelopmentPlanned DevelopmentPlanned Development Located Located Located Located at at at at 1915191519151915----1919191919191919 Grey Grey Grey Grey AvenueAvenueAvenueAvenue in the in the in the in the R3 R3 R3 R3 TwoTwoTwoTwo----FamilyFamilyFamilyFamily Residential Residential Residential Residential Zoning Zoning Zoning Zoning District District District District WHEREAS, BrinNSP, LLC (the “Applicant”), purchaser of the properties located at 1915-19 Grey Avenue, Evanston, Illinois (the “Subject Properties”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of Title 6 of the Evanston City Code, 1979, as amended, (“the Zoning Ordinance”), specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Section 6-8-1-10, “Planned Developments” in Residential Zoning Districts, to permit the construction and operation of a multi-family residential Planned Development located at the Subject Properties in the R3 Two- Family Residential Zoning District (“R3 District”); and WHEREAS, the Applicant sought approval to rehabilitate the existing Two- Family Dwelling on the Subject Property and construct a four (4)-unit Multiple-Family Dwelling with a maximum building height of approximately twenty-seven feet (27’), yielding a combined total of six (6) dwelling units with a defined gross floor area of approximately seven thousand, nine hundred sixteen square feet (7,916 sq. ft.), with seven (7) open, off-street parking spaces; WHEREAS, construction of the Planned Development, as proposed in the application, requires exceptions from the strict application of the Zoning Ordinance to lot size and the number of dwelling units, parking, and the distance between buildings; and Page 333 of 469 46-O-11 ~2~ WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, and 6-3-6-6 of the Zoning Ordinance, the City Council may grant: Site Development Allowances that depart from and/or exceed the normal maximum regulations established in the Zoning Ordinance; and authority to exceed Site Development Allowances if the City Council makes written findings of fact that such authority is essential to achieve one or more of the public benefits set forth in Section 6-3-6-3 of the Zoning Ordinance; and WHEREAS, pursuant to proper notice, the Plan Commission held a public hearing on the application, case no. 11PLND-0024, on April 13, 2011 heard testimony and received other evidence, and made written findings; and WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development meets the standards set forth in the Zoning Ordinance for: Special Uses in Section 6-3-5-10; Planned Developments in the R3 District, per Section 6-8-1-10; and public benefits in Section 6-3-6-3 necessary to exceed Site Development Allowances pursuant to Section 6-3-6-6; and WHEREAS, the Plan Commission recommended the City Council approve the application for a Special Use for a Planned Development; and WHEREAS, at its meeting of June 13, 2011, the Planning and Development Committee considered and adopted the findings and recommendations of the Plan Commission and recommended approval thereof by the City Council; and WHEREAS, at its meeting of June 27, 2011, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, Page 334 of 469 46-O-11 ~3~ 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 facts and incorporated herein by reference. SECTION 2: That, pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 11PLND- 0024, to permit the construction and operation of the Planned Development, described herein, on the Subject Properties. SECTION 3: That the City Council hereby grants the following Site Development Allowances: (A) To allow for seven (7) open, off-street parking spaces pursuant to Section 6-3-6- 5-(D) of the Zoning Ordinance. Table 16-B in Section 6-16-3-5 of the Zoning Ordinance establishes that the Planned Development, as proposed, would require no fewer than ten (10) off-street parking spaces. (B) To permit the proposed ninety-degree (90º) parking spaces to be eight feet (8’) wide pursuant to Section 6-3-6-5-(D) of the Zoning Ordinance. Section 6-16-2-7- (B)-2 of the Zoning Ordinance requires such parking spaces be at least eight feet, six inches (8’6”) wide. SECTION 4: That the City Council hereby finds that exceptions to Site Development Allowances are necessary to achieve the following public benefits, set forth in Section 6-3-6-3 of the Zoning Ordinance: (A) Use of design, landscape, or architectural features to create a pleasing environment or other special development features: The design of the new residential building shall reflect that of the surrounding neighborhood structures. (B) Provision of a variety of housing types in accordance with the City's housing goals: The Applicant purchased the Subject Properties with grant funds from the U.S. Department of Housing and Urban Development’s Neighborhood Stabilization Program 2 (“NSP2”). Pursuant to NSP2 guidelines, such funds must be used to purchase foreclosed or abandoned properties, renovate them, and then reoccupy them with tenants at affordable rates. All dwelling units in the Page 335 of 469 46-O-11 ~4~ Planned Development authorized by the terms of this ordinance, four of which have three (3) bedrooms, two (2) of which have two (2) bedrooms, shall be offered at affordable rent prices to tenants who earn between fifty percent (50%) and one hundred twenty percent (120%) of the Area Median Income. The two (2) first-floor units in the new Multiple-Family Dwelling will be fully accessible pursuant to the Americans with Disabilities Act. (C) Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation: The Applicant proposes to rehabilitate the existing Two-Family Dwelling located on the Subject Properties. (D) Efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities: Infill development, such as the proposed construction of a new Multiple-Family Dwelling on the vacant portion of the Subject Properties, is an effective tool in providing neighborhood connectivity, access to existing infrastructure and efficient use of land within existing neighborhoods. The Subject Properties are within walking distance of Evanston Township High School, several public parks, the Fleetwood-Jourdain Community Center, and a Pace Bus route along Emerson that connects the Davis Street Transportation Center to the east and the Skokie Courthouse to the west. (E) Substantial incorporation of generally recognized sustainable design practices and/or building materials to promote energy conservation and improve environmental quality, such as level silver or higher LEED (Leadership in Energy and Environmental Design) certification: Construction of the new Multiple-Family Dwelling on the Subject Properties will include sustainable design elements such as low-VOC paints, recycled building materials, and passive lighting systems, which will make it easier heat and cool the residences, thereby reducing energy use and utility costs for the tenants. SECTION 5: That the City Council hereby grants, by vote of at least two- thirds () of the Aldermen, authority to exceed the following Site Development Allowances: (A) To allow for six (6) dwelling units. Section 6-8-4-4-(C) of the Zoning Ordinance requires three thousand, five hundred square feet (3,500 sq. ft.) per dwelling unit in the R3 District. The Subject Properties are approximately twelve thousand, seven hundred fifty-nine square feet (12,759 sq. ft.) in area, yielding a maximum of three (3) dwelling units. Section 6-8-1-10-(C)-2-(c) of the Zoning Ordinance establishes a Site Development Allowance that increases the maximum number of dwelling units for Planned Developments in the R3 District by zero (0). Page 336 of 469 46-O-11 ~5~ (B) To allow a distance between the buildings of nine feet, four and one-half inches (9’4½“). Section 6-8-1-10-(C)-3 of the Zoning Ordinance requires at least twelve feet (12') between any two (2) residential buildings in a Planned Development. SECTION 6: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Special Use Permit granted hereby, violation of any of which shall constitute grounds for revocation thereof pursuant to Section 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Special Use for a Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Development Plans in Exhibit B, which are attached hereto and made a part hereof; all applicable legislation; the Applicant’s testimony and representations to the Plan Commission, the Planning and Development Committee, and the City Council; and the approved plans and documents on file in this case. (B) Pedestrian Protective Barrier: The Applicant shall construct a fence, forty-two inches (42”) tall, along the southern edge of the Subject Properties, as depicted in the Development Plans in Exhibit B, in order to protect the residents of the Planned Development authorized hereby from vehicular traffic in the adjacent public alley. SECTION 7: That, except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Properties and remain in full force and effect with respect to the use and development of the same. SECTION 8: That the Applicant shall record, at its cost, a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits related to the construction and/or operation of the Planned Development hereby authorized. Page 337 of 469 46-O-11 ~6~ 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 all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 11: 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. SECTION 12: 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, City Attorney Page 338 of 469 46-O-11 ~7~ EXHIBIT A Legal Description LOTS 17, 18 AND 19 IN BLOCK 5 IN W HIPPLE’S ADDITION TO EVANSTON, IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 10-13-109-014-0000 10-13-109-015-0000 10-13-109-016-0000 COMMONLY KNOWN AS: 1915-19 Grey Avenue, Evanston, Illinois. Page 339 of 469 46-O-11 ~8~ EXHIBIT B Development Plans Page 340 of 469 Zoning Data Zoning District R3 Req'd/Allowed Existing Proposed Min. Lot Area 3,500 per unit = 14,000 s.f. s.f.4253.2 s.f. x 2 = 8506.4 s.f. s.f.2126.6 s.f. per unit Min. Lot Width 35'0"25'0" x 2 = 50'0"No Change Min. Front Yard Setback 27'0"N/A (vacant lot)27'0" Min. Side Yard Setback - Street Side 15'0"N/A (vacant lot)N/A Min. Side Yard Setback - Center 5'0"N/A (vacant lot)0" Min. Side Yard Setback - North/South Side 5'0"N/A (vacant lot)6'8 1/4" Min. Rear Yard Setback 30'0"N/A (vacant lot)61'10" Min. Garage Front Yard Setback 27'0"N/A (vacant lot) Min. Garage Side Yard Setback 5'0"N/A (vacant lot) Min. Garage Rear Yard Setback 3'0"N/A (vacant lot) Max. Mean Bldg. Hgt.lesser of 35' or 2 1/2 Stories N/A (vacant lot)24'2 3/8" Max. Lot Coverage *45%45% of 8506 = 3827 s.f. max 2775.3 sq ft Max. Impervious Surface Coverage **60%60% of 8506 = 5103 s.f. max 4790.9 sq ft Required Parking Spaces 2 per unit (3+ bedrooms)5 spaces 1.5 per unit (2 bedrooms) * See Zoning Code for Exemptions.** See Zoning Code for Exclusions. 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S Site Plan Scale: 1/16" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development Line of Req'd. Setback 170.13' 170.14' Property Line 27'-0" 30'-0" Line of Req'd. Setback for Garage 170.14' P U B L I C A L L E Y LOT 19 LOT 18 LOT 17 1919 Grey Avenue 1917 Grey Avenue 1915 Grey Avenue Line of Req'd. Setback 3'-0" 170.13' 61'-10" Exist. 2 Story Brick Building 1 2 3 Proposed Four Unit Residential Building Walk 28'-6" Parking Rear Yard Setback Center Property Line Refuse Refuse 21'-11 1/2" Block Avg = ±25'-9 1/2" 1'-8"1'-8" Mech. Penthouse (5) 4'x10' Solar Thermal Panels Covered Overhang Covered Overhang NOTE: Run New Electrical Service Underground Entry Marker Walk Page 341 of 469 170.13' 170.14' Property Line Line of Req'd. Setback for Garage 170.14' P U B L I C A L L E Y LOT 19 1919 Grey Avenue Exist. 2 Story Brick Building 1 2 3 Parking Refuse Refuse Mech. Penthouse (5) 4'x10' Solar Thermal Panels Exist. 48" Parkway Tree to Remain - Typ. Medium Shade Trees Medium Shade Trees Exist. Tree to Remain - Typ. Mulch Bed Small Annuals Low Shrubs Exist. Tree to be Removed Exist. Tree to be Removed Mulch Bed Proposed Four Unit Residential Building 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I SLandscape Plan Scale: 1/16" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development Page 342 of 469 Furn 76'-1" Ref Kitchen 104 106 UP BB D B 102C 105 104 109107 Living 102 Dining 103 Bedoom-1 105 C 115 M. Bedroom 109 Hallway 106 To Upper Units 76'-1" W/D Stacked UP Line of Deck Above Bedoom-2 107 101 4'-0"4'-7" A 103 Storage / Mech. UP 5'-0"110 112 Hall Bath 108 M. Bath 110 113 114 108 6'-0" 111 F05 11 3/8"5'-5 3/8"3'-3"7'-8 1/8"4 3/4"2'-0"4 3/4"10'-4 3/8"4 3/4"7'-0 1/4"3'-4 1/2"4 3/4"3'-5 3/8"6'-11 1/4"6 3/4"4'-3 3/4"6'-3 3/4"5 1/8"3'-5 1/4"8'-6 3/8"5 5/8" 11 3/8"2'-3 3/8" 3'-2 3/4" 1'-0" 2'-9 1/2" 4 3/4"3'-3 7/8"4 3/4"3'-3"4 3/4"7'-8"4 3/4"5'-0"4 3/4"6'-5 1/4"2 3/4" 1'-2 1/2" 4 3/4"6'-10"4 3/4"3'-4 3/4"4 3/4"12'-0"5 5/8" 2'-8"4 3/4"2'-8"4 3/4"4'-6" Lobby 101 7'-1 1/8" 4x4 Deck Post - Typ. 4 A-4.0 1 2 3 A-4.0 5 A-4.0 South Unit Layout to be Mirror of North Unit Plan E E F A D D A A BA fdfd A AA C 7T @ 10" = 5'-10"3'-4" - Landing 9'-2" 1 A-3.0 1 A-3.0 2 A-3.0 2 A-3.0 116 3'-3"13'-8 7/8" 5'-3 7/8"1'-2 7/8" Storage 111 F F Pantry 5'-8 3/4"2'-0 5/8"6 3/4" Floor Areas Per Dwelling Unit North Unit Gross 1345.7 s.f. Common Space 87.1 s.f. First Floor Plan Scale: 3/16" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S Page 343 of 469 201 E Furn DB BB Living 202 76'-1" 76'-1" M. Bedroom 209 Dining 203 A South Unit Layout to be Mirror of North Unit Plan DN6' High Privacy Wall 212 C Deck 211 6'-0" 208 207 206 209 Hall Bath 207 M. Bath 210 210 211 Kitchen 204 202 Bedroom 206 205 Study Nook 205 203 W/D Stacked204 Storage / Mech. F05 4" Stairs 201 Hall 208 9 A-4.0 6 7 8 A-4.0 10 A-4.0 9'-7 3/4"12'-2 3/8"7'-0 3/8"4 3/4"8'-11 5/8"4 3/4"6'-5 1/2"4'-6 1/2"4 3/4"2'-0"6 3/4"4'-3 3/4"6'-3 3/4"4 3/4"3'-5 5/8"8'-4 3/8"7 5/8" 4 3/4"2'-0"4 3/4"6'-5 3/4"4 3/4"3'-0"4 3/4"4'-3"4 3/4"3'-0 5/8"6 3/4"7'-4 3/4"4 3/4"1'-5"4 3/4"3'-5"4 1/8"12'-0 5/8" Line of Mechanical Penthouse Above 2'-8"4 3/4" E fdfd E E F D D A A A A A A C A A C 7'-0"3'-0"7T @ 10" = 5'-10"3'-4" - Landing 6'-8 1/4" 9T @ 10" = 7'-6"5'-0" 1'-0" Roof/Awning Below 7 A-3.0 2 A-3.0 2 A-3.0 1 A-3.0 1 A-3.0 9 3/8"2'-3 1/8"11 7/8"12'-9"11 7/8" A Ref Pantry Second Floor Plan Scale: 3/16" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S Floor Areas Per Dwelling Unit North Unit Gross 1346.6 s.f. Common Space 82.2 s.f. Page 344 of 469 W.H. Roof Saddle Roof Saddle Roof Saddle Roof Saddle Deck & Stairs @ 2nd Flr Level Below 76'-1" Mech Penthouse 301 Solar Storage Solar Storage E E Scupper & D.S. - Typ.Overflow Opening Roof Saddle Cant Strip - Typ. Roof SaddleRoof Saddle Roof Saddle 1 A-3.0 1 A-3.0 2 A-3.0 2 A-3.0 Overflow Opening 19'-3 1/4"7 5/8"7'-8"7 5/8"28'-5 5/8" D Roof Slope Overflow Opening Overflow Opening Roof Floor Plan Scale: 1/8" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S Floor Areas Per Dwelling Unit North Unit Gross 1227.9 s.f. Rear Deck Gross 118.6 s.f. Common Space 82.2 s.f. Page 345 of 469 West Elevation Scale: 1/4" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S A A1 9 1 5 - 1 9 1 7 B C A A T.O. 1st floor/Fnd 8" T.O. 2nd floor 9'10" T.O. Green Roof 13'9 1/4" T.O. Roof 19'0" T.O. Peak 23'6 1/8" B.O. Ftg -3'6" T.O. Penthouse 27'0" T.O. Grade 0" Mechanical Penthouse and Solar Thermal Panels Beyond Page 346 of 469 West Elevation Scale: 1/4" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S T.O. 1st floor/Fnd 8" T.O. 2nd floor 11'10" T.O. Roof 19'0" T.O. Peak Beyond 24'2 3/8" T.O. Deck Landing 5'3 5/8" T.O. Grade 0" T.O. Deck 9'5" C T.O. Penthouse 27'0" B.O. Ftg -3'6" C C C Mechanical Penthouse (5) 4'x10' Solar Thermal Panels Page 347 of 469 North/South Elevations Scale: 1/8" = 1'-0" Feb. 15, 2011 Evanston, Illinois Proposed Four Unit Residence for 1915-1919 Grey Avenue Brinshore Development 1642 Payne Street Evanston Illinois 60201 847.864.9650 Fx 847.864.0956 • A R C H I T E C T S I N C • N A T H A N K I P N I S Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D BB BB B B C T.O. Roof 19'0" T.O. Penthouse 27'0" T.O. Stoop 3'8 1/4" T.O. Deck Landing 5'3 5/8" T.O. Deck 9'5" T.O. 1st floor/Fnd 8" T.O. 2nd floor 9'10" T.O. Green Roof 13'9 1/4" T.O. Roof 19'0" T.O. Peak 23'6 1/8" B.O. Ftg -3'6" T.O. Grade 0" Mechanical Penthouse(5) 4'x10' Solar Thermal Panels North Elevation Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D Obscure D T.O. 1st floor/Fnd 8" T.O. 2nd floor 9'10" T.O. Green Roof 13'9 1/4" T.O. Roof 19'0" T.O. Peak 24'2 3/8" T.O. Stoop 3'8 1/4" B B B B BBObscure D Obscure D C B.O. Ftg. -3'6" T.O. Penthouse 27'0" T.O. Grade 0" Mechanical Penthouse (5) 4'x10' Solar Thermal Panels South Elevation Page 348 of 469 1915-1919 Grey Avenue Planned Development Staff Memo City of Evanston To: Chair and Members of the Plan Commission From: Dennis Marino, Manager, Planning and Zoning Division Dominick Argumedo, Zoning Planner Craig Sklenar, General Planner Subject: BriNSP, LLC Planned Development, 1915-1919 Grey Avenue, 11PLND-0024 Date: April 8, 2011 Staff Recommendation Staff recommends approval of the proposed Planned Development with the requested development allowances. Project Description BrinNSP, LLC, property owner, applies for a Planned Development. The subject property located at 1915-1919 Grey Avenue is in the R3 General Residential zoning District. The applicant proposed to: - Renovate the current two-flat located on the property - Build a 4 unit multi-family residential structure on the southern portion of the parcel. The applicant anticipates beginning construction on the new structure in the summer of 2011. The renovations for the existing two-flat are currently underway. The applicant is requesting special use approval for a planned development as allowed zoning code section 6-8-1-10(B). That section allows any zoning lot over 10,000 sq. ft. to apply for a planned development in the R3 District. The applicant requests a development allowance to build a 4 unit multi-family structure on the property, allow a variance as it pertains to both the layout and setback requirements of the off-street parking and a reduction of overall required off-street parking from 10 spaces to 7 spaces. Staff believes that 7 parking spaces will be sufficient. Memorandum Page 349 of 469 1915-1919 Grey Avenue Planned Development Staff Memo City of Evanston Background 1915-1919 Grey Avenue is part of the Neighborhood Stabilization Program 2 (NSP2) grant that the City of Evanston, in partnership with Brinshore Development, LLC, received to purchase, rehab and reoccupy 100 foreclosed or abandoned residential units in the city. This property is a component to the stabilization effort. The new 4 unit structure will be a $1 million investment in the neighborhood alone, include 2 handicap accessible units and will be offered to families making up to 120% of the Area Median Income. Zoning Ordinance The R3 Two-Family Residential zoning district governs the subject property at 1915- 1919 Grey Avenue. The properties immediately surrounding the subject property are also zoned R3 and there are numerous rental properties, including building containing 2 or more units. As proposed, the project meets R3 zoning regulations for building setbacks, building height allowance, building lot coverage, and impervious surface coverage. However, the proposal exceeds the two-family unit definition and the required lot size per unit. Traffic Impact There is minimal traffic impact within the neighborhood as the development does not add significant amounts of traffic to the block and all but 2 of the required off-street parking spaces are provided for in the development. 2000 Comprehensive General Plan The Comprehensive Plan seeks out variety in housing types, providing for a robust community in all corners of the community. This development at 1915-1919 Grey Avenue provides a mix of housing types that are consistent with the immediate block and the surrounding neighborhood but offers new unit types and high quality new construction choices at affordable rents. An evaluation of the proposal as it relates to Comprehensive Plan goals is as follows: LEGEND M = Meets Guideline D = Does Not Meet Guideline NA = Does not Apply LAND USE Standard Result Neighborhood assets should be enhanced while recognizing that each neighborhood contributes to the overall social and economic quality of Evanston M Evanston’s housing stock should continue to offer buyers and renters a desirable range of choice in terms of style and price M Evanston should maintain a diverse range of business and commercial NA Page 350 of 469 1915-1919 Grey Avenue Planned Development Staff Memo City of Evanston areas, all of which will be viable locations for business activity Downtown Evanston should be an attractive, convenient, and economically vital center of diverse activity. NA The growth and evolution of Evanston’s institutions should be supported so long as the growth does not have an adverse impact upon the residentially-zoned adjacent neighborhoods NA PUBLIC FACILITIES Standard Result The City of Evanston’s public buildings should be fully accessible, modernized buildings that serve civic needs and interests of residents. NA City parks and recreation areas should be of the highest quality in order to meet residents various recreation and leisure interests NA Utility systems in Evanston should provide reliable, quality service and support future development throughout Evanston M CIRCULATION Standard Result Evanston’s streets should safely, conveniently, and efficiently link neighborhoods to the rest of the community and to the metropolitan area M Evanston’s parking system should serve the needs of residents, commuters, employees, shoppers, and visitors to Evanston’s neighborhoods and business districts M Transportation providers should offer safe, convenient, affordable, and easily accessible transit alternatives to the automobile M The safety and convenience of pedestrians and bicyclists should be a priority M COMMUNITY ENVIRONMENT Standard Result Buildings and landscaping should be attractive, interesting and compatible design M The historic heritage of Evanston should continue to be identified and preserved for the benefit of current and future residents M The creation of art and arts activities should be recognized and promoted as a vital component of the local economy NA Locally and regionally, natural resources should be preserved and public health should be promoted through a clean environment M Page 351 of 469 1915-1919 Grey Avenue Planned Development Staff Memo City of Evanston Guidelines for Building Design and Exterior Appearance New Construction/Additions to Existing Buildings Mass Scale and Context Exterior Building Materials Roofs Architectural Features Security and Exterior Lighting Loading Docks and Refuse Collection Areas Utilities, Mechanical Equipment, and Stormwater n/a Wireless Communication Antennas Parking Structures n/a Ground Floor Uses n/a Retail Services n/a Sidewalk Cafes n/a Offices n/a Signage X Adaptive Reuse of Buildings— Proposed site will be razed of individual buildings to allow for development of all proposed uses. It is not known if any adaptive reuse of existing buildings is possible or desirable. Green/LEED buildings Guidelines for Site Planning Landscaping Requirements for Parking Lots Circulation n/a Public Art Page 352 of 469 1915-1919 Grey Avenue Planned Development Staff Memo City of Evanston SPAARC 1915-1919 Grey Avenue Pre-Application Conference Proposal to build a 6-unit residential planned development APPLICATION PRESENTED BY: Todd Lieberman Brinshore Development Dan Contreras Architect GENERAL DISCUSSION: Mr. Contreras presented plans for the planned development and photos of similar buildings. The following was discussed: Proposal is for a 6-unit residential planned development consisting of 1 existing 2- family residence to be renovated, and 2 new attached 2-family residences Middle lot line calls for a zoning variance; other setbacks are compliant Propose shared entry for 2nd floor units; mirrored side entries for 1st fl units 2 main floor units will be 3-bedrooms, 2 upper floor units will have 2 bedrooms & a study Deck in rear of 2nd fl units will provide a means of egress The proposal is appropriate for the Neighborhood Stabilization Program (NSP2) for affordable housing which includes the acquisition, renovation and sale of 100 units in 2 census tracts 25’ wide (narrow) lot makes duplex style the most feasible, maximizing the side yard to the existing unit 1st fl units are ADA accessible, a requirement of the NSP2 program Scale & massing in scale with other buildings on the block Sprinkler system to be installed in the 4 unit building Materials o Committee suggested standard size brick o Brick front to wrap around 5’ – 8’ on visible south elevation o Prepainted hardyboard siding with 15 year finish warranty on rear, north & south elevations; Committee suggested using narrow style o Windows: Marvin integrity; fiberglass on outside, tightly built, energy efficient; wood inside o Deck: possibly cedar: durability & maintenance will be considered Propose to begin construction the first quarter of 2011 Mr. Marino noted that the existing property is a foreclosed property, the lot is currently vacant and the goal is to stabilize the neighborhood Size of the project triggers a storm water detention requirement, engineering alternatives or payment in lieu: developer will meet with Engineer, Ingrid Eckersberg Propose possibly that landlord will pay for one water service for 4-unit building with separate water service for existing building The Committee agreed that it was enthusiastic about the planned development, the rendering is attractive and it is a good design Action: No vote is taken on pre-application conferences. Page 353 of 469 Page 354 of 469 Page 355 of 469 Page 356 of 469 Page 357 of 469 Page 358 of 469 Page 359 of 469 FINDINGS IN SITE DEVELOPMENT ALLOWANCES WORKSHEET FOR 1915-1919 GREY AVE. Case No. 11PLND-0024 PD&M Date: May 23, 2011 page 1 ordinance notes 6-3-6-5: SITE DEVELOPMENT ALLOWANCES: Subject to the specific standards and limitations established for planned developments in each zoning district, the plan commission may recommend approval of, and the city council may grant, site development allowances for a planned development relative to the following features affecting bulk and density: (A) Floor Area Ratio: The overall floor area ratio of a planned development may exceed the maximum floor area ratio otherwise permitted in the zoning district. Not Applicable (B) Height: The maximum height permitted in the zoning districts may be increased in connection with a planned development. Not Applicable (C) Location And Placement Of Buildings: The location and placement of buildings may vary from the requirements of the underlying regulations, provided, however, that such allowances are in harmony with surrounding development. The Applicant requests an Authority to Exceed Development Allowances. (D) Off Street Parking And Loading: The number and location of off street parking and loading may vary from the requirements of this ordinance. The applicant requests a planned development site development allowance. Table 16-B in §6-16-3-5 establishes the minimum off-street parking spaces for principal structures. The proposed project requires a total of 10 off-street parking spaces. The applicant requests a site development allowance under §6-3-6-5 (D) to allow the provision of a total of 7 off-street parking spaces. (E) Number Of Dwelling Units: Increases may be granted in the number of dwelling units per lot area over that otherwise permitted in the underlying zoning district as an incentive for providing the benefits of a planned development. The Applicant requests an Authority to Exceed Development Allowances. (F) Building Lot Coverage: Increase may be granted in the maximum building lot coverage over that otherwise permitted in the underlying zoning district as an incentive for providing the benefits of a planned development. Not applicable (G) Impervious Surface Coverage: Increase may be granted in the maximum allowed impervious surface coverage over that otherwise permitted in the underlying zoning district as an incentive for providing the benefits of a planned development. Not applicable Page 360 of 469 FINDINGS IN SITE DEVELOPMENT ALLOWANCES WORKSHEET FOR 1915-1919 GREY AVE. Case No. 11PLND-0024 PD&M Date: May 23, 2011 page 2 6-3-6-6: AUTHORITY TO EXCEED SITE DEVELOPMENT ALLOWANCES: The city council may, upon the recommendation of the plan commission, approve a modification to a site development allowance in excess of that established in a zoning district, provided the city council shall first make a written finding of fact that the modification is essential to achieve one or more of the public benefits described in section 6-3-6-3 of this chapter. Approval of the modification shall require a favorable vote of two-thirds (2/3) of the aldermen elected to the city council. (Ord. 43-0-93) Location and Placement of Buildings. §6-8-10-1 (C-3) requires a minimum distance between residential buildings within the planned development to be no less than twelve feet (12’) apart. The applicant requests an authority to exceed site development allowances as the proposed building is only 9’ 4 ½” from the existing two-flat structure within the planned development boundary. Due to non-conforming lot size and current building development techniques, this is the largest setback that could be achieved between the two buildings. Exceed Number of Dwelling Units §6-8-4-4 establishes a minimum lot size of 3,500 square feet per dwelling unit in the R3 district. The subject property is approximately 12,759 square feet in size, yielding a maximum of 3 dwellings units. Further §6-8-1-10 (C-2) establishes the maximum increase in the number of dwelling units, over that otherwise permitted in the residential districts. In an R-3 there are no increases in dwelling units allowed. The applicant requests to exceed site development allowances under §6-3-6-6 to allow 6 dwelling units on the subject property for the following public benefits: 1. The proposed development provides a variety of housing types in accordance with the City’s goals. 2. The proposed development will eliminate blighted structures in the neighborhood. 3. The proposed development enhances the local economy and strengthens the tax base. The development’s property value will be higher than it is as it currently is only vacant land. Page 361 of 469 FINDINGS IN SITE DEVELOPMENT ALLOWANCES WORKSHEET FOR 1915-1919 GREY AVE. Case No. 11PLND-0024 PD&M Date: May 23, 2011 page 3 6-3-3: PUBLIC BENFITS: The public benefits to the surrounding neighborhood and the City as a whole that are intended to be derived from the approval of planned developments, include, but are not limited to: (A) Preservation and enhancement of desirable site characteristics and open space. NA (B) A pattern of development which preserves natural vegetation, topographic and geologic features. NA (C) Preservation and enhancement of historic and natural resources that significantly contribute to the character of the city. The construction of the 4 unit residential structure at 1915-1917 Grey Ave will utilize several green design elements aimed at making the homes affordable to heat/cool and reduce the overall cost of living for its tenants. Use of Low VOC paints, recycled building materials and passive lighting systems improve the overall health and livability of the homes. The design of the new structure is a reflection of the neighborhood’s historic dwelling units. (D) Use of design, landscape, or architectural features to create a pleasing environment or other special development features. The the site placement of the new structure is to be sensitive to the current (E) Provision of a variety of housing types in accordance with the city's housing goals. 1915-1919 Grey Avenue will provide a variety of housing types in the West Evanston neighborhood that currently are either underserved or do not exist. Two of the six units will be fully ADA accessible. All units will be rental 2 or 3 bedroom units that are offered at affordable prices under the direction of the Neighborhood Stabilization Program 2 NSP2) guidelines. Units will be offered to families making between 50% and 120% of the Area Median Income. (F) Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation. The property was purchased under the Neighborhood Stabilization Program 2 (NSP2), part of an $18.15 million grant awarded by the Department of Housing and Urban Development. This grant is to be used to purchased foreclosed or abandoned properties, renovate these properties, and then reoccupy with tenants at affordable rates. The purchase of this property under the NSP2 program grants the money to renovate and construct the new units and all projects must be completed by 2013, giving a relatively quick timeline to the completion of this project. (G) Business, commercial, and manufacturing development to enhance the local economy and strengthen the tax base. NA Page 362 of 469 FINDINGS IN SITE DEVELOPMENT ALLOWANCES WORKSHEET FOR 1915-1919 GREY AVE. Case No. 11PLND-0024 PD&M Date: May 23, 2011 page 4 (H) The efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities. (Ord. 43 Infill development is an effective tool in providing neighborhood connectivity, access to existing infrastructure and efficient use of land within existing neighborhoods. The site is within walking distance of ETHS, several public parks and four blocks from the Fleetwood Jourdain Community Center. Additionally this site is within three blocks of a Pace Bus route along Emerson, connecting the Davis Street Transportation Center in the east and the Skokie Courthouse in the west. Page 363 of 469 DRAFT Page 1 of 2 Evanston Plan Commission MEETING MINUTES PLAN COMMISSION Wednesday, April 13, 2011 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, COUNCIL CHAMBERS Members Present: Scott Peters (Chair), David Galloway (Vice Chair), Stuart Opdycke, Lenny Asaro, Richard Shure, Seth Freeman, Patricia Ledesma Members Absent: Kwesi Steele Staff Present: Dennis Marino, Craig Sklenar, Ken Cox Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:10P.M. 2. APPROVAL OF MARCH 09, 2011 MEETING MINUTES Commissioner Galloway motioned for approval of the March 09 meeting minutes Commissioner Opdycke Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. PLANNED DEVELOPMENT 3200 Grant Street (Presbyterian Homes) 10PLND-0120 Applicant Presbyterian Homes presented updates to their application to redevelop the eastern portion of their property to replace the current 59 cottages with 54 new cottages and a new 36 unit multi-family residence. This presentation included conceptual sketches of the various architectural types that would be implemented in the development and an overview of their landscape plan. Citizen comment was received during this time pertaining to this application. Citizen Nina Paleologos requested in writing to be allowed to present a community group presentation at the May 11, 2011 Plan Commission meeting in response to the Presbyterian Homes application. Chairman Peters granted this request. Commissioners asked City staff to review the landscape plans with the City Arborist. No action was taken, discussion will continue at the May 11, 2011 Plan Commission meeting. Page 364 of 469 DRAFT Page 2 of 2 Evanston Plan Commission 4. PLANNED DEVELOPMENT 1915-1919 Grey Avenue 11PLND-0024 Applicant BriNSP, LLC presented an overview of their application to rehabilitate an existing two flat residential structure and construct four units of residential housing on the parcels of land to the south of the existing structure. Citizen Comment was received during this time pertaining to this application. Commissioner Opdycke motioned that the Plan Commission recommends approval of the proposed Planned Development at 1915-1919 Grey Avenue along with the requested development allowances conditional that a fence structure no higher than 42” be provided from the front entrance on the south to the parking location along the alleyway. Commissioner Shure Seconded the Motion A voice vote was taken and the motion was approved unanimously. Planned Development Standards Commissioner Opdycke motioned to find that the proposed Planned Development at 1915-1919 Grey Avenue met or exceeded the Standards for Planned Development. Commissioner Peters Seconded the Motion. A voice vote was taken and the motion was approved unanimously. 5. COMMITTEE REPORTS None. 6. ADJOURNMENT Commissioner Freeman motions to adjourn Commissioner Asaro Seconded the Motion. Meeting Adjourned at 10:35 PM The next meeting of the Plan Commission will be Wednesday, May 11, 2011 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department Page 365 of 469 For City Council meeting of May 23, 2011 Item P3 Ordinance 53-O-11: Amending Various Portions of the Green Building Ordinance For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager Steve Griffin, Director Community and Economic Development Catherine Hurley, Sustainable Programs Coordinator Subject: Ordinance 53-O-11, Amending Various Portions of the Green Building Ordinance Date: May 17, 2011 Recommended Action: Staff recommends passage of Ordinance 53-O-11, amending various portions of the Green Building Ordinance, Title 5, Chapter 24 of the City of Evanston Code of 1979. This amendment provides for an appendix to address Evanston Sustainable Building Measures for New Construction which is part of an option for compliance with the City’s goal of green building design for buildings ten thousand square feet (10,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.). Funding Source: N/A Summary: City Council adopted Ordinance 17-O-11 on February 28th which codified and amended Ordinance 14-O-09, the “Green Building Ordinance”. At that time, staff recommended holding further discussions on the Evanston Sustainable Building Measures for Interior Renovation (ESBMIR) list and coming back to City Council with recommended additions or modifications to customize the list for new construction and major renovation projects. Staff held two meetings with representatives from the Environment Board, Citizens’ Greener Evanston, and the 2009 Green Building Ordinance Committee on April 11th and May 16th to develop a sustainable building measures list specific for new construction projects. The list was developed by including elements from the ESBMIR that apply to new construction projects and providing additional sustainability and efficiency design elements that the group felt would promote green building projects in Evanston. The Memorandum Page 366 of 469 Page 2 of 2 new list is titled “Evanston Sustainable Building Measures for New Construction” (ESBMNC) and is included as Appendix B to the Green Building Ordinance. Staff also obtained citizen input during the April 11th and May 16th meetings and in follow-up communications regarding the number of measures from the ESBMNC to require for new construction and major renovation projects of commercial and multi- family buildings between 10,000 and 20,000 square feet. After reviewing the ESBMNC and considering the range of project types in this category, the group determined that projects subject to this ordinance should be required to employ seven (7) or more ESBMNC measures from at least five (5) of the ESBMNC categories or achieve LEED Sliver Rating. Staff recommends conducting an annual review of this ordinance, including a review of any projects which have been subject to the ordinance and presenting a report to City Council to provide an update on the ongoing implementation and impacts to Evanston development. Updates to the Green Building Ordinance as enacted by Ordinance 17-O-11 included the application of the ESBMIR list to new construction projects and major renovations of commercial and multi-family buildings between 10,000 to 20,000 square feet as an alternative to achieving LEED Silver Rating or better. Under Ordinance 17-O-11, new construction and major renovations of commercial and multi-family buildings greater than 20,000 square feet are required to meet LEED Silver or better. The creation of the ESBMNC is intended to directly address the opportunities for green building measures in new construction and major renovation projects which are different than those for interior renovation projects. Legislative History: The Green Building Ordinance 14-O-09 was introduced to Evanston City Council on June 8, 2009 and was adopted on October 26, 2009. On December 14, 2009 Ordinance 124-O-09 Amending Ordinance 14-O-09 is adopted by Evanston City Council. On February 28, 2010 Ordinance 17-O-11 is adopted by Evanston City Council Codifying and Amending Ordinance 14-O-09 by Enacting a New Title 4, Chapter 25 of the City Code, “Green Building Ordinance”. Attachments: Ordinance 53-O-11 February 28th City Council Agenda Item P7 – Green Building Ordinance February 14th City Council Agenda Item P5 – Green Building Ordinance Page 367 of 469 5/18/2011 53-O-11 AN ORDINANCE Amending Various Portions of the Green Building Ordinance NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 4-25-2 of the Evanston City Code of 1979, as amended (“City Code”), is hereby further amended to include the following definition: ESBMNC: Evanston Sustainable Building Measures for New Construction. SECTION 2: That Section 4-25-3 of the City Code is hereby further amended to read as follows: 4-25-3: NEW CONSTRUCTION AND ADDITION REQUIREMENTS: New construction and additions ten thousand square feet (10,000 sq. ft.) or greater to City-owned or fully or partly City-financed buildings, and new construction and additions ten thousand square feet (10,000 sq. ft.) or greater to all commercial and multi-family buildings, shall employ, as specified hereinafter, either ESBMIR or the version of the LEED Rating System applicable to said project in effect one hundred eighty (180) days prior to the date of application for a building permit, and shall achieve the following: (A) for City-owned or City-financed facilities: LEED Silver Rating or higher; (B) for all commercial and multi-family buildings greater than twenty thousand square feet (20,000 sq. ft.): LEED Silver Rating or higher. (C) for all commercial and multi-family buildings ten thousand square feet (10,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.): LEED Silver Rating or higher, or employ fifteen (15) ESBMIR seven (7) or more ESBMNC measures from at least five (5) of the ESBMNC categories. SECTION 3: That Section 4-25-6-(B) of the City Code is hereby further amended to read as follows: Page 368 of 469 53-O-11 ~2~ (B) Any developer who proposes a project that employs ESBMIR or ESBMNC instead of LEED shall submit to the Building Official, as a required part of any application for a building permit related to the project, a completed ESBMIR or ESBMNC checklist that identifies the sustainable building measures the applicant shall employ. SECTION 4: That Section 4-25-7-(B) of the City Code is hereby further amended to read as follows: (B) For any project that employs ESBMIR or ESBMNC measures pursuant to this Chapter, the developer shall submit sufficient documentation to the Building Official for him/her to ascertain which measures the developer actually employed before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may withhold a Final Certificate of Occupancy (“FCO”) if fewer measures were employed than required by this Chapter. SECTION 5: That Title 4, Chapter 12 of the City Code is hereby further amended by the enactment of a new Appendix B thereto, "Evanston Sustainable Building Measures for New Construction", to read as follows: APPENDIX B: Evanston Sustainable Building Measures for New Construction Each bullet point below shall count for one measure unless otherwise noted below. Applicants may choose measures from various categories or several from one category. Sustainable Sites • Use permeable materials for at least 50% of driveways, patios, and walkways. • Provide 50% pervious materials for at least 50% of non-covered parking area. • Implement a stormwater management plan that captures and treats the stormwater runoff from 90% of the average annual rainfall using acceptable best management practices (BMP) which are capable of removing 80% of the average annual post-development total suspended solids. • Develop on a site documented as contaminated by means of an ASTM E1903-97 Phase II Environmental Site Assessment or brownfield designation from a state, local or federal governmental agency. (Worth 2 measures) • Provide bicycle racks and/or storage within 200 yards of building entrance capable of accommodating a minimum of 10 bicycles. • Provide preferred parking for hybrid and electric vehicles for at least 5% of parking with a minimum of 1 preferred parking space. o Provide electric vehicle charging stations for preferred electric vehicle parking (Worth 1 additional measure) Page 369 of 469 53-O-11 ~3~ • Use hardscape materials with a Solar Reflectance Index (SRI) of at least 29 for 80% of impervious surfaces. Water Use • All plumbing fixtures - use WaterSense labeled. • Install a stormwater harvesting system. • Install drought-tolerant native or adapted landscape for at least 60% of non- paved site area. Lighting • Install automatic daylighting controls in no less than 50% of interior spaces within 15 feet of perimeter. • Exceed the Lighting Power Density (LPD) of the current City of Evanston Energy Code by no less than 5%. Compliance to be shown using COMcheck. • Exterior lighting fixtures shall all be Dark Sky compliant • Provide exterior lighting controls which are compliant with the current version of ANSI/ASHRAE/IESNA Standard 90.1, Section 9.4.1.3. Mechanical Systems • All warm air combustion furnaces: minimum Annual Fuel Utilization Efficiency (AFUE) of 90%. • All Air Conditioners and Condensing Units < 65,000 btu/h: minimum SEER rating of 15. • All Electronically Operated Unitary Air Conditioners and Condensing Units > 65,000 btu/h: minimum EER rating of 12. • Commission the mechanical and lighting systems in accordance with LEED for New Construction, Energy and Atmosphere, Prerequisite 1 – Fundamental Commissioning of the Building Energy Systems. • Provide mechanical, lighting and miscellaneous electrical system monitoring with the capability to capture the data for a minimum of 1 year. (Worth 2 measures) Alternative Energy Offset annual building energy use with on-site renewable energy: • Off-peak Thermal Storage – provide minimum 50% of cooling load (Worth 3 measures) • Solar PV – offset minimum of 3% electricity use (Worth 2 measures) • Solar PV – offset minimum of 6% electricity use (Worth 3 measures) • Geothermal – install geothermal system (Worth 3 measures) • SolarThermal – provide minimum of 50% of annual hot water energy needs for domestic and/or process and/or space heat. • Provide at least 35% of building electricity from renewable sources by purchasing renewable energy in accordance with LEED for New Construction, Energy and Atmosphere, Credit 6 – Green Power. Page 370 of 469 53-O-11 ~4~ • Provide 70% of building electricity from renewable sources by purchasing renewable energy in accordance with LEED for New Construction, Energy and Atmosphere, Credit 6 – Green Power. (Worth 2 measures) Building Envelope • Exceed the prescriptive envelope provisions of current City of Evanston Energy Code by no less than 7.5%. Compliance shall be shown using COMcheck. • Exceed the prescriptive envelope provisions of current City of Evanston Energy Code by no less than 15%. Compliance shall be shown using COMcheck. (Worth 2 measures) • Install an ENERGY STAR® qualified roof. • Provide a vegetative roof over no less than 20% of the roof area. (Worth 2 measures) Materials and Reuse • Storage and Collection of Recyclables - Provide recycling for occupants, customers, and visitors and for the top 3 operationally generated streams. • Construction Waste Management - Recycle and/or salvage at least 50% of non-hazardous construction and demolition. Indoor Environmental Quality • Use low VOC finishes as defined by LEED for New Construction Indoor, Environmental Quality Credits 4.1, 4.2, 4.3 and 4.4. (Worth 1 measure for every 2 of the following): o All field applied paints and coatings; o All field applied adhesives; o All carpeting; o All furniture systems - Greenguard Certified; • All composite wood shall be free from urea-formaldehyde. SECTION 6: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 371 of 469 53-O-11 ~5~ Introduced:_________________, 2011 Adopted:___________________, 2011 Approved: _________________________, 2011 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, City Attorney Page 372 of 469 For City Council meeting of February 28, 2011 Item P7 Ordinance 17-O-11: Amending Green Building Ordinance For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager Steve Griffin, Director Community and Economic Development Catherine Hurley, Sustainable Programs Coordinator Subject: Ordinance 17-O-11, Codifying and Amending Ordinance 14-O-09 “Green Building Ordinance” Date: February 23, 2011 Recommended Action: Staff recommends passage of Ordinance 17-O-11, Codifying and Amending Ordinance 14-O-09, as Amended by Ordinance 124-O-09. This amendment provides for an alternate compliance with the City’s goal of Leadership in Energy and Environmental Design (LEED) Silver certification on buildings/construction falling under this regulation. Funding Source: N/A Summary: Ordinance 17-O-11 which codified and amended Ordinance 14-O-09, the “Green Building Ordinance” was presented at the City Council meeting on February 14th as Item P5. Included in Ordinance 17-O-11 is the modification of language to incorporate relevant LEED Rating systems and add a provision which would allow a developer to request that City Council grant a reduction in the requirements of the Ordinance. Alderman Rainey suggested that Ordinance 17-O-11 be amended to increase the square foot threshold from 10,000 to 20,000 square feet and City Council approved this amendment. City Council also asked the City Manager to convene a meeting with representatives from the environmental, building and development community to obtain input on Ordinance 17-O-11. Staff convened a meeting on Wednesday February 23rd with representatives from the Environment Board, Citizens’ Greener Evanston, and the 2009 Green Building Ordinance Committee to discuss Ordinance 17-O-11. Attendees included Alderman Rainey and Alderman Burrus; community members Joel Freeman, Nathan Kipnis, Leonard Sciarra, Elizabeth Kinney, Susan Besson, Nicolai Schousboe, Ron Fleckman, Memorandum Page 373 of 469 Page 2 of 3 Dave Olson, Christopher Thomas, and Andrew Spatz; and City Staff Steve Griffin, Director of Community and Economic Development and Catherine Hurley, Sustainable Programs Coordinator. The goal of the meeting was to discuss the City’s existing Green Building Ordinance and the need to balance economic development with the City’s commitment to promoting sustainable development within Evanston. The group discussed two topics which were the key points of disagreement in Ordinance 17-O-11. These include a provision for a reduction in the requirements and the square foot thresholds for which the ordinance would apply. Ordinance 17-O-11 proposed at the City Council meeting on February 14th included a provision which would allow a developer to ask City Council for a reduction in the requirements of the Green Building Ordinance. The consensus at the February 23rd community meeting was the Green Building Ordinance should have a prescribed and transparent method of compliance. In addition, the enforcement should use existing systems in place or rely on external third-party verification. Thus the option to allow a reduction in requirements has been removed from proposed Ordinance 17-O-11. Prior to passage of the original Green Building Ordinance in 2009, the threshold of 10,000 square foot was selected as a compromise after research and analysis was conducted. This size of building is large enough to achieve cost-effective energy savings through enhanced efficiency measures. Based on historic building permit data, during a normal construction period in Evanston approximately 6-7 buildings per year would be subject to the Green Building Ordinance at this threshold. Buildings greater than 20,000 square feet use significantly more energy and have a larger impact on the community. These buildings should be required to meet established green building standards. The 10,000 square foot threshold has been retained in proposed Ordinance 17-O-11 for City-Owned facilities. Recommended changes for commercial and multi- family building thresholds are described below. The need for flexibility in implementing green building practices was determined to be most needed for private developments which fall between 10,000 and 20,000 square feet of new construction or major renovations. In this category, the overall cost of the typical project is low enough that the design enhancements, equipment and material changes and administrative part of designing and constructing a LEED certified project could impact the feasibility of the project. The existing Green Building Ordinance allows for flexibility within interior renovation projects by allowing a project to employ a prescribed set of measures from the Evanston Sustainable Building Measures for Interior Renovations (ESBMIR) list based on the building size. The ESBMIR was thoroughly researched and developed by representatives from the environmental, building and development community. While this list was developed for inclusion in the interior renovation section of the ordinance, the measures are applicable to new construction projects and could be further adapted to incorporate additional items relevant to new construction projects. A revision to Ordinance 17-O-11 proposed at the February 14th City Council meeting has been developed by Staff which incorporates the ideas from the February 23rd Page 374 of 469 Page 3 of 3 community meeting and is provided as an attachment to this memo. The version of Ordinance 17-O-11 introduced and amended at the February 14th City Council meeting has not been included as an effort to provide clarity. Copies of the proposed amendments to Ordinance 17-O-11 from the February 14th meeting will be available at the City Council meeting on February 28th. A list of revised changes to the Green Building Ordinance included in Ordinance 17-O- 11 is listed below. • Add Chapter 25 to Title 4, to be called “Green Building Ordinance”. • Update language to account for using the LEED rating system which is applicable to the said project. • Modify the requirement for new construction and major renovations of commercial and multi-family buildings between 10,000 to 20,000 square feet to achieve LEED Silver Rating or better or employ 15 measures from the ESBMIR. • Modify the requirement for new construction and major renovations of commercial and multi-family buildings greater than 20,000 square feet to meet LEED Silver or better. Staff recommends holding further discussions on the ESBMIR list and coming back to City Council with recommended additions or modifications to customize the list for new construction and major renovation projects. Legislative History: The Green Building Ordinance 14-O-09 was introduced to Evanston City Council on June 8, 2009 and was adopted on October 26, 2009. On December 14, 2009 Ordinance 124-O-09 Amending Ordinance 14-O-09 is adopted by Evanston City Council. Attachments: Ordinance 17-O-11 February 14th City Council Agenda Item P5 – Green Building Ordinance Page 375 of 469 2/24/2011 2/8/2011 17171717----OOOO----11111111 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Codifying and Amending Ordinance 14-O-09, as Amended by Ordinance 124-O-09, by Enacting a New Title 4, Chapter 25 of the City Code, “Green Building Ordinance” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 4 of the Evanston City Code of 1979, as amended, is hereby further amended by enacting a new Chapter 25 thereof, "Green Building Ordinance", to read as follows: 4-25-1: PURPOSE: The purpose of this Chapter is to promote the public health, safety, and welfare by requiring that certain new construction projects, and the renovation of certain existing buildings, within the City of Evanston, employ sustainable design practices and/or building materials to promote energy conservation and improve environmental quality. 4-25-2: DEFINITIONS: For the purpose of this Chapter, unless the context requires otherwise, the following terms shall have the following meanings: ADDITION: Any portion added to an existing building. BUILDING OFFICIAL: As defined in Section 4-2-2 of this Code. COMMERCIAL: All uses as defined and included in the scope of the International Building Code as adopted by the City. ESBMIR: The City of Evanston Sustainable Building Measures for Interior Renovations. Page 376 of 469 17-O-11 ~2~ INTERIOR RENOVATION: Interior alteration, including remodeling, rehabilitation, or work otherwise contained mainly within the interior of a structure; this shall not include work for the sole purpose of improving a building system, such as HVAC, electrical, or plumbing. LEED: The USGBC Leadership in Energy and Environmental Design Green Building Rating System™. SQUARE FEET: The gross square footage being constructed or renovated as listed on the building permit. USGBC: The United States Green Building Council. 4-25-3: NEW CONSTRUCTION AND ADDITION REQUIREMENTS: New construction and additions ten thousand square feet (10,000 sq. ft.) or greater to City-owned or fully or partly City-financed buildings, and new construction and additions ten thousand square feet (10,000 sq. ft.) or greater to all commercial and multi-family buildings, shall employ, as specified hereinafter, either ESBMIR or the version of the LEED for New Construction and Major Renovations (“LEED-NC”) Rating System applicable to said project in effect one hundred eighty (180) days prior to the date of application for a building permit, and shall achieve the following level of LEED certification: (A) for City-owned or City-financed facilities: LEED Silver Rating or higher; (B) for all commercial and multi-family buildings greater than twenty thousand square feet (20,000 sq. ft.): LEED Silver Rating or higher. (C) for all commercial and multi-family buildings ten thousand square feet (10,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.): LEED Silver Rating or higher, or employ fifteen (15) ESBMIR measures. 4-25-4: INTERIOR RENOVATION REQUIREMENTS: Interior renovations of all City-owned or City-financed facilities, all commercial buildings, and all multi-family buildings shall: (A) employ the version of the LEED for Commercial Interiors (“LEED-CI”) Rating System applicable to said project in effect one hundred eighty (180) days prior to the date of application for a building permit and that each project shall achieve Silver Rating or higher of LEED certification; or Page 377 of 469 17-O-11 ~3~ (B) employ the version of the ESBMIR, included herein as Appendix A to this Chapter, in effect one hundred eighty (180) days prior to the date of application for a building permit and that each project shall employ no fewer than: 1. three (3) ESBMIR measures for projects less than five thousand square feet (5,000 sq. ft.); 2. five (5) ESBMIR measures for projects five thousand square feet (5,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.); 3. seven (7) ESBMIR measures for projects greater than twenty thousand square feet (20,000 sq. ft.). 4-25-5: REQUIREMENT REDUCTIONS: A developer who presents clear and convincing financial evidence to the Planning and Development Committee of the City Council that full compliance with Sections 3 and/or 4 of this Chapter would render the proposed project financially infeasible may seek a reduction in the requirements as to render the project financially feasible. If a developer requests such a reduction, he/she shall provide a detailed explanation that demonstrates the financial infeasibility of full compliance with said requirements. If the Committee votes to recommend such a reduction, the City Council shall consider, at its next regularly-scheduled meeting, an ordinance that grants said reduction and specifies how the developer shall comply with the terms of Sections 3 and/or 4 of this Chapter. 4-25-5: DEVELOPER MEETINGS: The City shall meet with developers of projects that will be covered by the terms of this Chapter to discuss possible incentives, including expedited plan review or financial assistance for the costs that may be associated with such a LEED Certified Silver project. Such meetings shall occur prior to any such developer making a permit application. 4-25-6: SUBMISSIONS: (A) Any developer who proposes a project that, pursuant to this Chapter, must be certified LEED Silver or higher, shall submit to the Building Official, as a required part of any application for a building permit related to the project: Page 378 of 469 17-O-11 ~4~ 1. a proposed USGBC LEED credit checklist, signed by an accredited LEED Professional, that identifies the LEED credits the developer intends to pursue for the project, the parties responsible for each credit, and a brief description of how each credit shall be earned; and 2. documentation that said project has been registered with USGBC. (B) Any developer who proposes an interior renovation project that proceeds pursuant to Section 4-(B) hereof employs ESBMIR instead of LEED shall submit to the Building Official, as a required part of any application for a building permit related to the project, a completed ESBMIR checklist that identifies the sustainable building measures the applicant shall employ. (C) Any developer who proposes a project that, pursuant to Section 5 of this Chapter, receives a reduction that reduces the number of LEED credits required below the minimum number required for LEED certification, shall submit a revised USGBC LEED Credit Checklist and documentation that indicates the LEED credits the project shall pursue and a fee equal to seventy-five percent (75%) of the fee USGBC would require to review the project, to offset staff time to review the submission, which, but for the reduction, would be reviewed by the USGBC instead of City staff. 4-25-7: POST-CONSTRUCTION REVIEW: (A) For any project that must be certified LEED Silver or higher pursuant to this Chapter, the developer shall submit to the Building Official a completed USGBC LEED Design Phase Review Approval letter before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may request documentation related to the LEED credits earned prior to issuing the FCO. (B) For any interior renovation project that proceeds employs ESBMIR measures pursuant to Section 4-(B) of this Chapter, the developer shall submit sufficient documentation to the Building Official, as a required part of any application for a building permit related to the project, a completed ESBMIR checklist that identifies the sustainable building measures the applicant shall employ. The Building Official shall require documentation for him/her to ascertain which of measures the developer actually employed and before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may withhold a Final Certificate of Occupancy (“FCO”) if fewer measures were employed than required by Section 4-(B) of this Chapter. Page 379 of 469 17-O-11 ~5~ (C) For any project that receives a reduction pursuant to Section 5 of this Chapter that reduces the number of LEED credits required below the minimum number required for LEED certification, the developer shall submit to the Building Official a USGBC LEED Credit Checklist and supplemental documentation that indicates the LEED credits the project pursued before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may request additional related documentation prior to issuing the FCO. 4-25-8: PENALTIES: (A) USGBC-Certified Projects: 1. For any project that must be certified LEED Silver or higher pursuant to this Chapter, the developer of said project shall demonstrate compliance with the applicable LEED requirements by means of an independent report provided by the USGBC. Should a project fail to obtain the required LEED certification, the developer of said project, or its agents, successors, or assigns, shall owe the City a penalty to be calculated by the following formula: P = [(LSM-CE) / LSM] x CV x 0.75% P is the Penalty in dollars; LSM is the minimum credits needed to earn a LEED Silver rating, or LEED Silver Minimum; CE is the number of Credits Earned as documented in the USGBC report; and CV is the Construction Value as set forth in the building permit for the project. (B) 2. Any such developer shall have two (2) years from the date of the issuance of the project’s FCO temporary certificate of occupancy to supply to the Building Official the independent report from the USGBC certifying the project’s LEED certification. Should any such developer fail to submit such a report in the time allowed, it shall owe the City a penalty calculated pursuant to Section 8-(A)-1 of this Chapter with a CE equal to zero (0). (C) 3. If there is a dispute as to whether the project has complied with the applicable requirements set forth in Section 2 and/or 3 this Chapter, or if the developer requires more time, the developer may appeal to the City Manager or his/her designee. The City Manager may reduce a penalty in whole or in part for good cause shown, taking into consideration the failure to comply with said requirements and the project’s impact on the City. Page 380 of 469 17-O-11 ~6~ (B) Reduced LEED Credit Projects: 1. For any project that receives a reduction pursuant to Section 5 of this Chapter that reduces the number of LEED credits required below the minimum number required for LEED certification, the developer of said project shall demonstrate compliance with this Chapter. Should a project fail to demonstrate the required LEED certification, the developer of said project, or its agents, successors, or assigns, shall owe the City a penalty to be calculated by the following formula: P = [(RM-CE) / RM] x CV x 0.75% P is the Penalty in dollars; RM is the minimum number of LEED credits required by City Council pursuant to a reduction, or Reduced Minimum; CE is the number of Credits Earned as documented; and CV is the Construction Value as set forth in the building permit for the project. 2. Any such developer shall have six (6) months from the date of the issuance of the project’s temporary certificate of occupancy to supply to the Building Official the documentation that demonstrates the project’s compliance with this Chapter. Should any such developer fail to submit such a report in the time allowed, it shall owe the City a penalty calculated pursuant to Section 9-(B)-1 of this Chapter with a CE equal to zero (0). 3. If there is a dispute as to whether the project has complied with the applicable requirements set forth in this Chapter, or if the developer requires more time, the developer may appeal to the City Manager or his/her designee. The City Manager may reduce a penalty in whole or in part for good cause shown, taking into consideration the failure to comply with said requirements and the project’s impact on the City. (C) ESBMIR Projects: 1. For any interior renovation project that employs ESBMIR pursuant to this Chapter, the developer of said project shall demonstrate compliance with this Chapter. Should a project fail to demonstrate the required number of ESBMIR measures, the developer of said project, or its agents, successors, or assigns, shall owe the City a penalty to be calculated by the following formula: Page 381 of 469 17-O-11 ~7~ P = [(EM-MU) / EM] x CV x 0.75% P is the Penalty in dollars; EM is the minimum number of ESBMIR Measures required; MU is the number of ESBMIR Measures used as documented, or Measures Used; and CV is the Construction Value as set forth in the building permit for the project. 2. Any such developer shall have six (6) months from the date of the issuance of the project’s temporary certificate of occupancy to supply to the Building Official the documentation that demonstrates the project’s compliance with this Chapter. Should any such developer fail to submit such a report in the time allowed, it shall owe the City a penalty calculated pursuant to Section 9-(C)-1 of this Chapter with an MU equal to zero (0). 3. If there is a dispute as to whether the project has complied with the applicable requirements set forth in this Chapter, or if the developer requires more time, the developer may appeal to the City Manager or his/her designee. The City Manager may reduce a penalty in whole or in part for good cause shown, taking into consideration the failure to comply with said requirements and the project’s impact on the City. (B) The City shall invest any monies collected pursuant to this Section in a fund, established hereby, to be called the Sustainable Evanston Fund (the “Fund”). Monies deposited in the Fund shall be used exclusively to support the City’s Office of Sustainability, provide technical assistance and plan review for proposed green buildings, support education, training and outreach to the public and private sectors on green building practices, and other initiatives designed to support environmental sustainability. The City Manager shall administer the Fund in accordance with the City’s investment policy. 4-25-9: HISTORIC PRESERVATION: The terms of this Chapter shall neither limit nor prohibit the applicability of the terms of Title 2, Chapter 9 of the City Code, as amended (the “Historic Preservation Ordinance”), to any construction or renovation project. 4-25-10: RECOMMENDATIONS: The City encourages ongoing training regarding green building practices for all City project managers, operation staff, and maintenance staff who supervise building design, construction, and operations, and the application of LEED Page 382 of 469 17-O-11 ~8~ criteria sustainable building practices to any construction or renovation project not subject to this Chapter, whenever such application is practicable 4-25-11: SEVERABILITY: If any provision of this Chapter or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Chapter is severable. APPENDIX A: Evanston Sustainable Building Measures for Interior Renovations Each bullet point below shall count for one measure unless otherwise noted below. Applicants may choose measures from various categories or several from one category. Stormwater Management: • All hardscape no less than 50% permeable. Water Use: • All plumbing fixtures - use WaterSense labeled as applicable. • Install a greywater or stormwater harvesting system. Lighting: • Install automatic daylighting controls in no less than 50% of interior spaces within 15 feet of perimeter. • Exceed the Lighting Power Density (LPD’s) of the current City of Evanston Energy Code by no less than 5%. Compliance to be shown using COMcheck. Mechanical: • All warm air combustion furnaces: minimum Annual Fuel Utilization Efficiency (AFUE) of 90%. • All Air Conditioners and Condensing Units < 65,000 btu/h: minimum SEER rating of 15. • All Electronically Operated Unitary Air Conditioners and Condensing Units > 65,000 btu/h: minimum EER rating of 12. • Commission the mechanical and lighting systems in accordance with ASHRAE guideline 0. • Provide mechanical, lighting and miscellaneous electrical system monitoring with the capability to log the data for a minimum of 1 year. Page 383 of 469 17-O-11 ~9~ • Perform Retro Commissioning under the Energy Star program for existing commercial building guidelines. • Provide for 3% of the building annual energy use with onsite renewable energy production. • Register and obtain Building Operator Certification via the Midwest Energy Efficiency Alliance (MEEA) Program. Building Enclosure: • Exceed the prescriptive envelope provisions of current City of Evanston Energy Code by no less than 17.5%. Compliance shall be shown using COMcheck. • Exceed the prescriptive envelope provisions of current City of Evanston Energy Code by no less than 35%. Compliance shall be shown using COMcheck. (Worth 2 measures) • Install an Energy Star-compliant roof. • Provide a vegetative roof over no less than 20% of the roof area. Materials and Resources: • Building reuse – maintain no less than 75% of existing walls, floors and roof. • Building reuse – maintain no less than 50% of non-shell elements. • No less than 75% of all new wood to be Forest Stewardship Council (FSC) certified. • Reuse of resources – no less than 10% of project materials (sell, donate, reuse) a. Non-code windows for non-conditioned space; b. Lumber, wood scraps, reusable forms; c. Unused supplies; d. Fixtures and appliances. • Use of recycled content materials – no less than 10% of project materials. • Use of recycled content materials – no less than 20% of project materials. (Worth 2 measures) • Local/Regional Materials – No less than 10% of project materials or products that have been extracted, harvested or recovered, as well as manufactured, within 500 miles of the project site. • Use 40 – 50 year material rated for roof replacements. • Rapidly Renewable Materials - no less than 2.5% of the project. Interior Finishes: • Use low VOC finishes (Worth 1 measure for every 2 of the following): a. All paints and coatings; b. All field applied adhesives; c. All carpeting; Page 384 of 469 17-O-11 ~10~ d. All furniture systems - Greenguard Certified; e. All composite wood shall be free from urea-formaldehyde. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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, City Attorney Page 385 of 469 For City Council meeting of February 14, 2011 Item P5 Ordinance 17-O-11: Amending Green Building Ordinance For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager Steve Griffin, Director Community and Economic Development Catherine Hurley, Sustainable Programs Coordinator Subject: Ordinance 17-O-11, Codifying and Amending Ordinance 14-O-09 “Green Building Ordinance” Date: February 7, 2011 Recommended Action: Staff recommends passage of Ordinance 17-O-11, Codifying and Amending Ordinance 14-O-09, as Amended by Ordinance 124-O-09. This amendment provides for an alternate compliance with the City’s goal of Leadership in Energy and Environmental Design (LEED) Silver certification on buildings/construction falling under this regulation. Funding Source: N/A Summary: The City’s Green Building Ordinance currently calls for all commercial and multi-family buildings and City-owned or City-financed facilities to employ the US Green Building Council (USGBC) “LEED for New Construction” rating system for new construction and renovations greater than 10,000 square feet. At the time the original ordinance was adopted in 2009, the City decided to measure compliance through the LEED rating system. Upon adoption of the ordinance, the City Council expressed a desire for staff to report back on how this Ordinance may impact economic development in the current economy (see Attached December 8, 2009 memo to City Council). Since this adoption staff has increased our in-house understanding and expertise on green buildings. As such staff has completed a review of the ordinance and potential impacts. The first observation is that the Green Building Ordinance is not codified or incorporated into the main body of our City code. As a result, Title 4 – Building Regulations does not have any reference to the Green Building Ordinance. Memorandum Page 386 of 469 Page 2 of 3 In addition, staff has reviewed the current set of LEED Green Building rating systems and discovered additional rating systems that are applicable to new construction and major renovations projects. These LEED rating systems have been customized to be more appropriate for non-commercial and non-residential projects such as schools, health care facilities and retail projects. Evanston is currently a leader in encouraging Green Buildings for our major construction activities. However the current economy clearly points to the need for every City to pursue their redevelopment goals in a consistent yet flexible manner for all types of new construction. The Community and Economic Development Department is working diligently to protect our current business base, as well as attract new businesses to the City. While some developers view our progressive stance on the environment as an opportunity, others view it as a competitive disadvantage compared to neighboring communities. Potential businesses interested in Evanston have identified the Green Building Ordinance as a specific disincentive to locate here over the past year. Staff conducted research to understand how the City’s ordinance compares regionally and nationwide and reviewed a white paper developed by the Center for Climate Change Law at the Columbia Law School which reviews municipal green building ordinances in the United States. Of the 198 municipal green building ordinances reviewed, only 61 ordinances or 30% contained standards for private construction. In addition, over 50% of all the ordinances provided some type of exemption with the most common being an exemption for hardship or infeasibility. Staff is proposing amendments to the Green Building Ordinance that provide the City Council with a comprehensive tool that can be used to promote Green Building while addressing special situations on a case-by-case basis that balance both the environmental benefit of Green Building with the need to attract and retain businesses. This framework would allow City Council to provide a reduction in the Requirements of the Green Building Ordinance but still support the development of Green Projects. Specific changes to the Green Building Amendment are listed below. • Add Chapter 25 to Title 4, to be called “Green Building Ordinance”. • Update language to account for using the LEED rating system which is applicable to the said project. • Create a process to allow for consideration and special granting of a reduction in the requirements of the ordinance for cases where full compliance renders the project infeasible. • The reduction in requirements could include a reduced LEED Certification Level (down from Silver to Certified), allowing the developer to submit verification of LEED credits to the City in stead of going for full USGBC certification or allowing for a lower number of LEED points below the Certified Level. In this case, the developer would also submit credit verification information to the City. • In any case where the developer would not go for full USGBC Certification but submit documentation to the City, the City would charge a fee for reviewing the submittal from the developer which would equal 75% of the USGBC certification fee, payable to the Sustainable Evanston Fund. Page 387 of 469 Page 3 of 3 Legislative History: The Green Building Ordinance 14-O-09 was introduced to Evanston City Council on June 8, 2009 and was adopted on October 26, 2009. On December 14, 2009 Ordinance 124-O-09 Amending Ordinance 14-O-09 is adopted by Evanston City Council. Attachments: Ordinance 17-O-11 December 8, 2009 memo to City Council Page 388 of 469 2/8/2011 17171717----OOOO----11111111 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Codifying and Amending Ordinance 14-O-09, as Amended by Ordinance 124-O-09, by Enacting a New Title 4, Chapter 25 of the City Code, “Green Building Ordinance” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 4 of the Evanston City Code of 1979, as amended, is hereby further amended by enacting a new Chapter 25 thereof, "Green Building Ordinance", to read as follows: 4-25-1: PURPOSE: The purpose of this Chapter is to promote the public health, safety, and welfare by requiring that certain new construction projects, and the renovation of certain existing buildings, within the City of Evanston, employ sustainable design practices and/or building materials to promote energy conservation and improve environmental quality. 4-25-2: DEFINITIONS: For the purpose of this Chapter, unless the context requires otherwise, the following terms shall have the following meanings: ADDITION: Any portion added to an existing building. BUILDING OFFICIAL: The City Manager or his/her designee. COMMERCIAL: All uses as defined and included in the scope of the International Building Code as adopted by the City. ESBMIR: The City of Evanston Sustainable Building Measures for Interior Renovations. Page 389 of 469 17-O-11 ~2~ INTERIOR RENOVATION: Interior alteration, including remodeling, rehabilitation, or work otherwise contained mainly within the interior of a structure; this shall not include work for the sole purpose of improving a building system, such as HVAC, electrical, or plumbing. LEED: The USGBC Leadership in Energy and Environmental Design Green Building Rating System™. SQUARE FEET: The gross square footage being constructed or renovated as listed on the building permit. USGBC: The United States Green Building Council. 4-25-3: NEW CONSTRUCTION AND ADDITION REQUIREMENTS: New construction and additions ten thousand square feet (10,000 sq. ft.) or greater to City-owned or fully or partly City-financed buildings, and new construction and additions 10,000 square feet or greater to all commercial and multi-family buildings, shall employ the version of the LEED for New Construction and Major Renovations (“LEED-NC”) Rating System applicable to said project in effect one hundred eighty (180) days prior to the date of application for a building permit, and shall achieve the following level of LEED certification: (A) for City-owned or City-financed facilities: Silver Rating or higher; (B) for all commercial and multi-family buildings: Silver Rating or higher. 4-25-4: INTERIOR RENOVATION REQUIREMENTS: Interior renovations of all City-owned or City-financed facilities, all commercial buildings, and all multi-family buildings shall: (A) employ the version of the LEED for Commercial Interiors (“LEED-CI”) Rating System applicable to said project in effect one hundred eighty (180) days prior to the date of application for a building permit and that each project shall achieve Silver Rating or higher of LEED certification; or (B) employ the version of the ESBMIR, included herein as Appendix A to this Chapter, in effect one hundred eighty (180) days prior to the date of application for a building permit and that each project shall employ no fewer than: Page 390 of 469 17-O-11 ~3~ 1. three (3) ESBMIR measures for projects less than five thousand square feet (5,000 sq. ft.); 2. five (5) ESBMIR measures for projects five thousand square feet (5,000 sq. ft.) to twenty thousand square feet (20,000 sq. ft.); 3. seven (7) ESBMIR measures for projects greater than twenty thousand square feet (20,000 sq. ft.). 4-25-5: REQUIREMENT REDUCTIONS: A developer who presents clear and convincing financial evidence to the Planning and Development Committee of the City Council that full compliance with Sections 3 and/or 4 of this Chapter would render the proposed project financially infeasible may seek a reduction in the requirements as to render the project financially feasible. If a developer requests such a reduction, he/she shall provide a detailed explanation that demonstrates the financial infeasibility of full compliance with said requirements. If the Committee votes to recommend such a reduction, the City Council shall consider, at its next regularly-scheduled meeting, an ordinance that grants said reduction and specifies how the developer shall comply with the terms of Sections 3 and/or 4 of this Chapter. 4-25-6: DEVELOPER MEETINGS: The City shall meet with developers of projects that will be covered by the terms of this Chapter to discuss possible incentives, including expedited plan review or financial assistance for the costs that may be associated with such a LEED Certified Silver project. Such meetings shall occur prior to any such developer making a permit application. 4-25-7: SUBMISSIONS: (A) Any developer who proposes a project that, pursuant to this Chapter, must will be LEED-certified LEED Silver or higher, shall submit to the Building Official, as a required part of any application for a building permit related to the project: 1. a proposed USGBC LEED credit checklist, signed by an accredited LEED Professional, that identifies the LEED credits the developer intends to pursue for the project, the parties responsible for each credit, and a brief description of how each credit shall be earned; and 2. documentation that said project has been registered with USGBC. Page 391 of 469 17-O-11 ~4~ (B) Any developer who proposes an interior renovation project that proceeds pursuant to Section 4-(B) hereof employs ESBMIR instead of LEED shall submit to the Building Official, as a required part of any application for a building permit related to the project, a completed ESBMIR checklist that identifies the sustainable building measures the applicant shall employ. (C) Any developer who proposes a project that, pursuant to Section 5 of this Chapter, receives a reduction that reduces the number of LEED credits required below the minimum number required for LEED certification, shall submit a revised USGBC LEED Credit Checklist and documentation that indicates the LEED credits the project shall pursue and a fee equal to seventy-five percent (75%) of the fee USGBC would require to review the project, to offset staff time to review the submission, which, but for the reduction, would be reviewed by the USGBC instead of City staff. 4-25-8: POST-CONSTRUCTION REVIEW: (A) For any project that must be is LEED-certified LEED Silver or higher pursuant to this Chapter, the developer shall submit to the Building Official a completed USGBC LEED Design Phase Review Approval letter before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may request documentation related to the LEED credits earned prior to issuing the FCO. (B) For any interior renovation project that proceeds employs ESBMIR measures pursuant to Section 4-(B) of this Chapter, the developer shall submit sufficient to the Building Official, as a required part of any application for a building permit related to the project, a completed ESBMIR checklist that identifies the sustainable building measures the applicant shall employ. The Building Official shall require documentation to the Building Official for him/her to ascertain which of measures the developer actually employed and before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may withhold a Final Certificate of Occupancy (“FCO”) if fewer measures were employed than required by Section 4-(B) of this Chapter. (C) For any project that receives a reduction pursuant to Section 5 of this Chapter that reduces the number of LEED credits required below the minimum number required for LEED certification, the developer shall submit to the Building Official a USGBC LEED Credit Checklist and supplemental documentation that indicates the LEED credits the project pursued before the Building Official may issue a Final Certificate of Occupancy (“FCO”) for the project. The Building Official may request additional related documentation prior to issuing the FCO. Page 392 of 469 17-O-11 ~5~ 4-25-9: PENALTIES: (A) USGBC-Certified Projects: 1. For any project that must be is LEED-certified LEED Silver or higher pursuant to this Chapter, the developer of said project shall demonstrate compliance with the applicable LEED requirements this Chapter by means of an independent report provided by the USGBC. Should a project fail to obtain the required LEED certification, the developer of said project, or its agents, successors, or assigns, shall owe the City a penalty to be calculated by the following formula: P = [(LSM-CE) / LSM] x CV x 0.75% P is the Penalty in dollars; LSM is the minimum credits needed to earn a LEED Silver rating, or LEED Silver Minimum; CE is the number of Credits Earned as documented in the USGBC report; and CV is the Construction Value as set forth in the building permit for the project. (B) 2. Any such developer shall have two (2) years from the date of the issuance of the project’s FCO temporary certificate of occupancy to supply to the Building Official the independent report from the USGBC certifying the project’s LEED certification. Should any such developer fail to submit such a report in the time allowed, it shall owe the City a penalty calculated pursuant to Section 9-(A)-1 of this Chapter with a CE equal to zero (0). (C) 3. If there is a dispute as to whether the project has complied with the applicable requirements set forth in Section 2 and/or 3 this Chapter, or if the developer requires more time, the developer may appeal to the City Manager or his/her designee. The City Manager may reduce a penalty in whole or in part for good cause shown, taking into consideration the failure to comply with said requirements and the project’s impact on the City. (B) Reduced LEED Credit Projects: 1. For any project that receives a reduction pursuant to Section 5 of this Chapter that reduces the number of LEED credits required below the minimum number required for LEED certification, the developer of said project shall demonstrate compliance with this Page 393 of 469 17-O-11 ~6~ Chapter. Should a project fail to demonstrate the required LEED certification, the developer of said project, or its agents, successors, or assigns, shall owe the City a penalty to be calculated by the following formula: P = [(RM-CE) / RM] x CV x 0.75% P is the Penalty in dollars; RM is the minimum number of LEED credits required by City Council pursuant to a reduction, or Reduced Minimum; CE is the number of Credits Earned as documented; and CV is the Construction Value as set forth in the building permit for the project. 2. Any such developer shall have six (6) months from the date of the issuance of the project’s temporary certificate of occupancy to supply to the Building Official the documentation that demonstrates the project’s compliance with this Chapter. Should any such developer fail to submit such a report in the time allowed, it shall owe the City a penalty calculated pursuant to Section 9-(B)-1 of this Chapter with a CE equal to zero (0). 3. If there is a dispute as to whether the project has complied with the applicable requirements set forth in this Chapter, or if the developer requires more time, the developer may appeal to the City Manager or his/her designee. The City Manager may reduce a penalty in whole or in part for good cause shown, taking into consideration the failure to comply with said requirements and the project’s impact on the City. (C) ESBMIR Projects: 1. For any interior renovation project that employs ESBMIR pursuant to this Chapter, the developer of said project shall demonstrate compliance with this Chapter. Should a project fail to demonstrate the required number of ESBMIR measures, the developer of said project, or its agents, successors, or assigns, shall owe the City a penalty to be calculated by the following formula: P = [(EM-MU) / EM] x CV x 0.75% P is the Penalty in dollars; EM is the minimum number of ESBMIR Measures required; MU is the number of ESBMIR Measures used as documented, or Measures Used; and CV is the Construction Value as set forth in the building permit for the project. Page 394 of 469 17-O-11 ~7~ 2. Any such developer shall have six (6) months from the date of the issuance of the project’s temporary certificate of occupancy to supply to the Building Official the documentation that demonstrates the project’s compliance with this Chapter. Should any such developer fail to submit such a report in the time allowed, it shall owe the City a penalty calculated pursuant to Section 9-(C)-1 of this Chapter with an MU equal to zero (0). 3. If there is a dispute as to whether the project has complied with the applicable requirements set forth in this Chapter, or if the developer requires more time, the developer may appeal to the City Manager or his/her designee. The City Manager may reduce a penalty in whole or in part for good cause shown, taking into consideration the failure to comply with said requirements and the project’s impact on the City. (D) The City shall invest any monies collected pursuant to this Section in a fund, established hereby, to be called the Sustainable Evanston Fund (the “Fund”). Monies deposited in the Fund shall be used exclusively to support the City’s Office of Sustainability, provide technical assistance and plan review for proposed green buildings, support education, training and outreach to the public and private sectors on green building practices, and other initiatives designed to support environmental sustainability. The City Manager shall administer the Fund in accordance with the City’s investment policy. 4-25-10: HISTORIC PRESERVATION: The terms of this Chapter shall neither limit nor prohibit the applicability of the terms of Title 2, Chapter 9 of the City Code, as amended (the “Historic Preservation Ordinance”), to any construction or renovation project. 4-25-11: RECOMMENDATIONS: The City encourages ongoing training regarding green building practices for all City project managers, operation staff, and maintenance staff who supervise building design, construction, and operations, and the application of LEED criteria sustainable building practices to any construction or renovation project not subject to this Chapter, whenever such application is practicable 4-25-12: SEVERABILITY: Page 395 of 469 17-O-11 ~8~ If any provision of this Chapter or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Chapter is severable. APPENDIX A: Evanston Sustainable Building Measures for Interior Renovations Each bullet point below shall count for one measure unless otherwise noted below. Applicants may choose measures from various categories or several from one category. Stormwater Management: • All hardscape no less than 50% permeable. Water Use: • All plumbing fixtures - use WaterSense labeled as applicable. • Install a greywater or stormwater harvesting system. Lighting: • Install automatic daylighting controls in no less than 50% of interior spaces within 15 feet of perimeter. • Exceed the Lighting Power Density (LPD’s) of the current City of Evanston Energy Code by no less than 5%. Compliance to be shown using COMcheck. Mechanical: • All warm air combustion furnaces: minimum Annual Fuel Utilization Efficiency (AFUE) of 90%. • All Air Conditioners and Condensing Units < 65,000 btu/h: minimum SEER rating of 15. • All Electronically Operated Unitary Air Conditioners and Condensing Units > 65,000 btu/h: minimum EER rating of 12. • Commission the mechanical and lighting systems in accordance with ASHRAE guideline 0. • Provide mechanical, lighting and miscellaneous electrical system monitoring with the capability to log the data for a minimum of 1 year. • Perform Retro Commissioning under the Energy Star program for existing commercial building guidelines. • Provide for 3% of the building annual energy use with onsite renewable energy production. • Register and obtain Building Operator Certification via the Midwest Energy Efficiency Alliance (MEEA) Program. Page 396 of 469 17-O-11 ~9~ Building Enclosure: • Exceed the prescriptive envelope provisions of current City of Evanston Energy Code by no less than 17.5%. Compliance shall be shown using COMcheck. • Exceed the prescriptive envelope provisions of current City of Evanston Energy Code by no less than 35%. Compliance shall be shown using COMcheck. (Worth 2 measures) • Install an Energy Star-compliant roof. • Provide a vegetative roof over no less than 20% of the roof area. Materials and Resources: • Building reuse – maintain no less than 75% of existing walls, floors and roof. • Building reuse – maintain no less than 50% of non-shell elements. • No less than 75% of all new wood to be Forest Stewardship Council (FSC) certified. • Reuse of resources – no less than 10% of project materials (sell, donate, reuse) a. Non-code windows for non-conditioned space; b. Lumber, wood scraps, reusable forms; c. Unused supplies; d. Fixtures and appliances. • Use of recycled content materials – no less than 10% of project materials. • Use of recycled content materials – no less than 20% of project materials. (Worth 2 measures) • Local/Regional Materials – No less than 10% of project materials or products that have been extracted, harvested or recovered, as well as manufactured, within 500 miles of the project site. • Use 40 – 50 year material rated for roof replacements. • Rapidly Renewable Materials - no less than 2.5% of the project. Interior Finishes: • Use low VOC finishes (Worth 1 measure for every 2 of the following): a. All paints and coatings; b. All field applied adhesives; c. All carpeting; d. All furniture systems - Greenguard Certified; e. All composite wood shall be free from urea-formaldehyde. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 397 of 469 17-O-11 ~10~ SECTION 3: 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, City Attorney Page 398 of 469 For the City Council Meeting of December 14, 2009 Item # H2 For Introduction To: Honorable Mayor and Members of the City Council Green Building Ordinance Committee From: Wally Bobkiewicz, City Manager Jill Chambers, Assistant Director Community Development Carolyn Collopy, Sustainable Programs Coordinator Subject: Ordinance 124-O-09 Amending Ordinance 14-O-09, Commonly Known as the “Green Building Ordinance” Date: December 8, 2009 Recommended Action: Staff and the Green Building Ordinance Committee recommend approval of proposed Ordinance 124-O-09, amending Ordinance 14-O-09 the Green Building Ordinance. Funding Source: N/A Summary: On October 26, 2009, City Council passed the Green Building Ordinance, Ordinance 14-O-09, requiring all new construction greater than 10,000 square feet in Evanston be certified LEED Silver by the US Green Building Council (USGBC). The Council requested that a Green Building Ordinance Committee be established to develop sustainability requirements for interior renovations not included in the Ordinance as passed. The committee appointed by Mayor Tisdahl unanimously recommends the attached amended Green Building Ordinance, which defines a variety of sustainable measures for interior renovations with minimum requirements based on project size. The committee believes this approach allows the applicant flexibility while supporting the City’s commitment to sustainable building practices in Evanston. In addition, the committee discussed reducing the requirements for new construction greater than 10,000 square feet to a rating of LEED Certified rather than LEED Silver. A consensus on changing the existing requirements was not reached. Committee members did agree, however, that a staff report from the Building Department at the end of the first year of implementation of this Ordinance would be a critical measure in determining the impact on development in Evanston. Memorandum Page 399 of 469 For City Council meeting of May 23, 2011 Item H1 Ordinance 34-O-11: Farmers’ Market For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Douglas J. Gaynor, Director, Parks, Recreation & Community Services Subject: Ordinance 34-O-11: Farmers’ Market Date: May 6, 2011 Recommended Action Staff recommends approval of Ordinance 34-O-11 Amending Chapter 25, “Farmers’ Market,” of Title 3, “Business Regulations,” of the Evanston City Code, Related to the Regulation of Farmers’ Markets. Funding Source: N/A Summary: The Friends of the Farmers Market recently reviewed the Farmers Market Ordinance in Title 3, Business Regulations, Chapter 25 Farmers Markets and recommended a large number of changes to the format and language in the ordinance. The Parks, Recreation and Community Services staff reviewed the information and determined that the changes are mostly formatting and rewording language to make the ordinance clearer. The changes do not have a negative impact on the ordinance or take away from its intent. According to the Friends of the Farmers’ Market the amendments make the ordinance more “user friendly” and easier to understand. They used the ordinances from other communities including Chicago as a guide. Parks, Recreation and Community Services staff also included amendments to address current market issues including the sale of baked goods by bakeries and nonprofits, and to ensure that the regulations accurately reflects how the Farmers Market operates. Memorandum Page 400 of 469 Summary of Changes Below is a broad guide that outlines the amendments to the ordinance. Section 1 • The following definitions have been included in Definitions; Imminent Health Hazard, Local/Locally, Market Master and Vendor. • The Salable Items definition has been moved and placed in section 7. Section 2 • The first 2 sentences of the section have been added in. Section 3 • Subsection (B) and (D) have been added in. • Subsection (C) includes additional language. Section 4 • The section has been reformatted. Subsections 3 through 8 are being added in or have additional language included. • Subection (B) is has been added in. Section 5 None Section 6 • The entire section is new. Parts of the section have been taken from the General Regulations of the original ordinance. Section 7 • The section has been moved from the Definitions section to its own separate section. • The section has been reformatted. • Language has been added in to clarify the issue of baked goods. • Language has been added in to clarify what non-profits and bakeries are eligible to sell. Section 8 • The section and language included is all new. Section 9 • The section has been added in. • Subsection (A) and (B) were part of the original ordinance. Language in the subsection has been amended. • Subsection (C) has been added in. Section 10 Page 401 of 469 • The fine amount has been increased to $500. Legislative History: This Ordinance was reviewed by the Human Services Committee on April 28, 2011 and introduced at the May 9, 2011 City Council meeting. Attachments: Proposed Ordinance 34-O-11 Report from Health Department Page 402 of 469 04/20/11 34-O-11 AN ORDINANCE Amending Chapter 25, “Farmers’ Market,” of Title 3, “Business Regulations,” of the Evanston City Code, Related to the Regulation of Farmers’ Markets NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Chapter 25 of Title 3 of the Evanston City Code be amended to read as follows: 3-25-1: DEFINITIONS: EVANSTON CHARITABLE ORGANIZATION Any organization with its headquarters or primary place of operation within the City of Evanston and defined under applicable Illinois and federal tax code provisions as not-for profit. FARMERS' MARKET A designated space within the City of Evanston in which at regularly prescribed intervals, approved vendors may sell agricultural products and other goods directly to the public in accordance with this ordinance. FOOD DEMONSTRATION Exhibit featuring food preparation by restaurants, caterers, and nutritional educators, who reside in or have a place of business in Evanston. HOME GROWN ARTIST: An artist or artisan with a residence, studio, or place of business in Evanston or who works as an artist or artisan in Evanston. IMMINENT HEALTH HAZARD A product, practice, circumstance, or event that poses a significant threat or danger of injury to health and safety of persons without immediate correction or cessation. LOCAL/LOCALLY Of a Midwestern State as defined by the United States Census Bureau; specifically, the states of Illinois, Indiana, Iowa, Kansas, Michigan, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. MARKET MASTER The Director of the Parks, Recreation, and Community Services Department, or other individual selected by the Evanston City Page 403 of 469 34-O-11 ~2~ Manager or his/her designee to organize and regulate the farmers’ markets. VENDOR An approved individual, farm, business, or organization selling or offering for sale at Evanston farmers’ markets items deemed saleable under this Chapter. 3-25-2: SUPERVISION AND CONTROL OF MARKET: This Chapter applies to all farmers’ markets within the City of Evanston (the “City”) at which vendors need City approval to operate. The City, at all times, shall have the right to relocate or discontinue a market, to specify the days and times of its use, to regulate what goods may be sold, and to stipulate which vendors may sell within the market. The Market Master or his or her designee shall review the application of any vendor wishing to offer items for sale at the markets, issue permits and collect fees therefore, assign spaces to vendors, maintain a system of bookkeeping for the markets, maintain the markets’ cleanliness, and enforce the market regulations and issue penalties as necessary. 3-25-3: YEARLY AND DAILY SPACE RENTAL FEES: (A) Rental Of Space Required. No vendor shall sell or offer for sale any product without having first applied for a space at the market and paid the applicable fees. Fees shall be paid in advance of space occupancy. (B) Yearly Rentals. An approved application and payment of the yearly space rental fee shall entitled a vendor to its designated market space for one calendar year (365 days), starting the first day of the market season, unless its vending space is closed or the space is revoked for a violation of this Chapter or other law. (C) Daily Rentals. A vendor may obtain a daily permit, entitling the vendor to occupy space in the market for one day, and sell goods in accordance with all the provisions of this Chapter, unless its vending space is closed or the space is revoked for a violation of this Chapter or other law. (D) Amount of Fees. The applicable yearly or daily space rental fees shall be determined annually by the City of Evanston and collected by the Market Master. 3-25-4: APPLICATION REQUIREMENTS (A) An applicant for a vending space at a farmers’ market shall submit to the Market Master, along with the required fee, an application containing all of the following information: Page 404 of 469 34-O-11 ~3~ 1. Name and address of applicant; 2. Products for which vending space is sought; 3. Affidavit certifying that articles offered for sale are locally grown, cultivated, created, produced, or prepared; 4. Affidavit certifying that articles offered for sale are: (a) of the vendor’s own growing, cultivation, creation, production, or preparation; or (b) from the actual raiser, cultivator, creator, producer, or preparer and that the applying vendor is authorized sell such products, with full disclosure to the consumer of their source; 5. For farmer-vendors, a description of farming practices and copies of any certifications (showing certifying body and date of certification); 6. Evidence that the vendor’s real estate and property taxes and Illinois sales taxes have been paid during the previous market season; 7. State sales tax permit number. Vendors must hold a current Illinois sales tax license in order to qualify for a space at a farmers’ market; and 8. Proof of insurance coverage in an amount and form approved by the City. Under no circumstances shall the City insure or indemnify any vendor, nor shall the City be liable in contribution for any damages for which a vendor is deemed liable. (B) Applications shall be approved in the sole and exclusive discretion of the Market Master, but under no circumstances shall an application be approved unless all of the information and documentation required by subsection (A) is provided. 3-25-5: SPACE ALLOCATION: Once a vendor’s application is approved and its fee paid, the vendor shall be assigned a vending space. Assignment of spaces is within the Market Master’s exclusive discretion, and shall be generally, but not necessarily, in accordance with the order in which applications are submitted and fees are paid. 3-25-6: ADDITIONAL REQUIREMENTS FOR VENDORS: (A) No vendor shall sell at a farmers’ market within the City unless it: 1. Resides or operates locally; and Page 405 of 469 34-O-11 ~4~ 2. Sells items: (a) Of the vendor’s own growing, cultivation, creation, production, or preparation; or (b) originating from another grower, cultivator, creator, producer, or preparer that gives its explicit written permission to the vendor to sell its items on its behalf. (B) Each vendor shall post within its allocated market space signs approved by the Marker Master or his/her designee stating: 1. Vendor’s legal name; 2. Vendor’s home location; 3. The general type of items being offered for sale by the vendor, such as fruit, produce, or baked goods; and 4. The name of each item offered for sale and the name and location of the source. (C) Vendors shall be financially self-sufficient and operate at no cost to the City. (D) No vendor shall solicit business by hawking or crying out. 3-25-7: SALEABLE ITEMS: (A) Items allowable for sale at the markets: 1. Must be locally grown, cultivated, created, produced, or prepared; 2. Must conform to all federal, state, and local public health and food safety regulations; and 3. Shall include: (a) Produce such as fruits or their juices, and vegetables; (b) Edible grains, nuts and berries; (c) Apiary products, maple sugar, and syrups, only if properly labeled in accordance with state standards for labeling;; (d) Baked goods as specified in part (D) of this section; (e) Meat, fish, poultry, eggs, and dairy products including natural cheeses; provided that vendors may sell only USDA prepackaged meat from animals from their own farms, and that the sale of such meat must conform to the Illinois Retail Food Store Sanitation Rules and Regulations and the Evanston Health and Sanitation Code. (f) Cut or potted flowers and plants; (g) Artwork and hand-crafted items, if sold during Home Grown Artists events; and Page 406 of 469 34-O-11 ~5~ (h) Prepared foods, either as part of Food Demonstrations or with the approval of the Market Master. (B) Items not allowable for sale at the markets shall include those that are: 1. Unwholesome or spoiled; or 2. Prohibited by the Evanston Department of Public Health. (C) Items sold according to weight must be sold in accordance with the established standards for weight of the State of Illinois and City of Evanston. (D) The sale of bread shall be allowed by vendors that are food establishments licensed by the City of Evanston under the following conditions: 1. The bread must have been made from all fresh ingredients and processed on-site at the licensed food establishment, including all mixing, shaping, final proofing, and baking. No bread can be sold if the dough has been prepared off-site, even if it is baked on the premises of the licensed food establishment; 2. Eligible vendors of bread shall be those licensed food establishments where bread and pastries are the primary items for sale, such as bakeries; and 3. Charitable and not-for-profit organizations that are not licensed food establishments may not sell bread as vendors at the farmers’ markets, but shall be occasionally permitted to sell baked goods, in the discretion of the Market Master, at “special events” as defined in this chapter and subject to the limitations prescribed. 3-25-8: PUBLIC HEALTH AND SAFETY: At all times, all vendors and participants at the farmers’ markets shall comply with all applicable local, state, and federal laws pertaining to public health and food safety, including, but not limited to: hand-washing, food protection and storage, food labeling, food service (including temperature regulation), and vector control. (A) General Provisions. At all times vendors shall transport and display food with adequate protection against contamination. Delivery trucks and other equipment for transportation and display shall be kept clean. Vendors shall not allow any waste, garbage, or refuse to remain on or near the vending space after the close of market hours on any market day. No vendor shall sell or offer for sale any items requiring a written statement from the Evanston Director of Public Health that the product is in compliance with storage and display standards, without first obtaining such statement. Page 407 of 469 34-O-11 ~6~ (B) Incorporation of Local Law. Title 8 of the Evanston City Code, “Health and Sanitation,” is incorporated herein, and the penalties specified therein shall apply in full force. Vendors and other sellers or preparers of food at the farmers’ markets shall comply at all times with Title 8 and all other local laws and regulations pertaining to public health, sanitation, food preparation, and food safety. Failure to comply with all such local laws may result in the revocation of vending space, in the discretion of the Evanston Director of Public Health or his/her designee. (C) Incorporation of State and Federal Law. Vendors and other sellers or preparers of food at the farmers’ markets shall comply at all times with all state and federal laws and regulations pertaining to public health, sanitation, food preparation, and food safety. Failure to comply with all such laws may result in the revocation of vending space, in the discretion of the Evanston Director of Public Health or his/her designee. (D) Access. The Director of Public Health or his/her designee, upon the presentation of identification, shall be permitted to enter any vending space, food demonstration space, or special event space in a farmers’ market for the purposes of making inspections to determine compliance with this Chapter and other applicable law. The Director of Public Health and his/her designees shall be permitted to examine records of the vendor or other seller or preparer of food, to obtain information pertaining to the food and supplies purchased, sold, received, or used. (E) Closure. At any time, the Director of Public Health or his/her designee may, in his or her exclusive discretion, require the immediate closure of any booth, stand, or other vending space presenting an imminent health hazard. In the event of such closure, all vending, marketing, and associated activity must cease until approval to operate is granted after inspection. (F) Except as otherwise provided by law, the following shall be prohibited within any farmers’ market: 1. Live animals and pets, other than service animals; and 2. Riding of bicycles, scooters, skateboards, and the like, including motorized versions of the same, except as required to accommodate a physical disability. 3-25-9: SPECIAL EVENTS: Any activity that takes place on the grounds of a farmers’ market but is not the sale of food items that are locally grown, cultivated, created, produced, or prepared, and sold by an approved vendor under this Chapter shall be designated a “special event” and shall be subject to the limitations in this section. (A) Home-Grown Artists Events: Page 408 of 469 34-O-11 ~7~ 1. Shall be approved by and held on dates designated by the Market Master; 2. Shall be limited to the number of artists’ tents designated by the Market Master; and 3. Shall be held in a contained area of the market as designated by the Market Master. (B) Food Demonstrations: 1. Shall be approved by and held on dates designated by the Market Master; 2. Shall be limited to the number of demonstration stations designated by the Market Master; 3. Shall be held in a contained area of the market as designated by the Market Master; and 4. Shall be pre-approved by the Director of Public Health or his/her designee and shall at all times comply with all applicable public health and sanitation laws and regulations as set forth in Section 3-25-8. (C) Fundraising Bake Sales: 1. Evanston charitable organizations shall be permitted occasionally to sell or distribute baked items at farmers’ markets to raise funds or awareness, but not as a routine business. Nothing in this section entitles a charitable or not- for-profit organization to operate as a “vendor” within the meaning of this Chapter; 2. Fundraising bake sales shall be held only with the prior approval of the Market Master, who shall reasonably limit the number of vending spaces designated for such use on any given market day; and 3. Organizations engaged in fundraising bake sales shall not be permitted to sell any goods other than home-baked breads, pastries, and like baked items not requiring refrigeration. The items may be prepared in non-inspected kitchens; however, it is strongly recommended that the preparation of food items for sale take place in a controlled environment such as a club or church kitchen or a licensed food establishment. (D) Additional special events to be held in conjunction with the farmers’ markets shall be conducted and regulated under the sole discretion and authority of the Market Master. Page 409 of 469 34-O-11 ~8~ 3-25-10: ENFORCEMENT AND PENALTIES: Any person violating any of the provisions of the Chapter shall be subject to a fine not to exceed five hundred dollars ($500.00), or, alternatively, the penalty prescribed in any applicable provision of the Evanston City Code. A separate offense shall be deemed committed each day such violation shall continue. The Market Master may, in his/her sole discretion, revoke the vending space of any vendor or special-event space holder for violations of this Chapter, irrespective of the severity, number, or duration of said violations. SECTION 3: That any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That if any provision of this Ordinance 34-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 34-O-11 that can be given effect without the invalid application or provision, and that each invalid provision or invalid application of this Ordinance is severable. SECTION 5: That this Ordinance 34-O-11 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _May 9___________, 2011 Adopted:___________________, 2011 Approved: __________________________, 2011 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel Page 410 of 469 To: Honorable Mayor and Members of the City Council City Manager, Wally Bobkiewicz From: Evonda Thomas, Director, Health Department Subject: Sanitation Guidelines for Farmers’ Markets and Other Outdoor Food Sales Events Date: May 12, 2011 Recommended Action: Staff recommends mandated services such as the current inspection fees for farmers markets remain and continue as status quo. Public Health Inspectors work in concert with vendors and pay particular attention to ensuring that food is safe for public consumption. Funding Source: Farmers’ Market vendors Summary: The guidance and clarification regarding farmers’ markets and similar events is needed as the number of farmers’ markets in Illinois has increased 3-fold in the past decade. In addition, the range of food products sold at these venues has expanded from fresh, uncut, unprocessed fruits and vegetables, to include meats, poultry, eggs, dairy products, and processed foods from baked goods to jams and salsas. Given that certain foods pose potential risks to public health, local health departments diligently assist farmers and vendors with appropriate food safety measures to decrease opportunistic bacterium that can cause food borne illnesses. (1) Building sanitation and food safety into the vendor’s routine is an essential component of success for both farmers and the future of Farmer’s Markets. Inspections determine if minimum standards and practices are being followed with respect to general food handling, storage, temperatures, sanitation, hygiene, food contact surface disinfection, and procedures for the specific type of processes and foods involved. If the health inspection fees are reduced instead of waived, the fees should at least cover half of the staff time associated with the services provided. Waiving the inspection fees completely may have a detrimental impact on the Environmental Health Division’s business unit ultimately impacting the City of Evanston’s financial deficit. In 2010, there Memorandum Page 411 of 469 Page 2 of 3 were 50 vendors that received health inspections (only includes Custer Street, Ethnic Arts and Lakeshore Arts Fairs). These 50 inspections cost the City approximately $5,625 in staff time (based upon the lowest hourly rate of $25/hour). Currently, with the $103 fee, we are only able to recover $5,150 worth of staff time. Reducing or waiving this fee would cause this gap to widen. Health inspection fees were discussed at the May 2, 2011 Human Services Committee meeting and the Committee was in agreement that the mandated health inspections, which are required by law, should remain at the current rate for health inspections. The Human Services Committee was also in agreement that the health inspection fees should not be waived. Legislative History: In 2008 an ordinance to increase Temporary Event fees from $50.00 to $103.00 was approved by city council as a result of the former City Manager directing all Departments to recover fees for services. May 2, 2011 Human Services Committee Meeting Special Events Cost Breakdown General Special Event Activity Cost Application review $25.00 (1 hour) Interview of vendor and organizer $25.00 (1 hour) Licensing Inspection of Booth $18.75 (.5 hours – overtime; time and a half) Operational Inspections $18.75 (.5 hours – overtime @ time and a half Additional Day (Sunday) $25.00 (.5 hours – double time) Total $112.50 *Please note that the hourly rate for inspectors range from $25 - $32/hour.The figures presented above and below represent the lowest hourly rate. Page 412 of 469 Page 3 of 3 Farmer’s Market Special Event (those vendors that prepare food) Activity Cost Application Review $25.00 (1 hour) Interview of applicant $25.00 (1 hour) Licensing Inspection $18.75 (.5 hours – overtime @ time and a half Operational Inspections (conducted 6 times during the season) $225 ( 6 – 1 hour inspections @ time and a half Total $293.75 *Please note that Farmer’s Market vendors that prepare food are charged the $225 fee, as they require additional support regarding adherence to additional compliance guidelines. Attachment ILLINOIS DEPARTMENT OF PUBLIC HEALTH OFFICE OF HEALTH PROTECTION DIVISION OF FOOD, DRUGS AND DAIRIES Sanitation Guidelines for Farmers’ Markets and Other Outdoor Food Sales Events Technical Information Bulletin/ Food #30 Page 413 of 469 ILLINOIS DEPARTMENT OF PUBLIC HEALTH OFFICE OF HEALTH PROTECTION DIVISION OF FOOD, DRUGS AND DAIRIES TECHNICAL INFORMATION BULLETIN NUMBER: Technical Information Bulletin/ Food #30 SUBJECT: Sanitation Guidelines for Farmers’ Markets and Other Outdoor Food Sales Events EFFECTIVE: May 1, 2010 SUPERCEDES: April 30, 1999 Technical Information Bulletin/ Food #30 AUTHORIZED: ______________________________________________ William Beaty, Acting Chief Division of Food, Drugs and Dairies GENERAL INTRODUCTION This technical information bulletin provides regulatory guidelines for foods often found at farmers’ markets and other food events. It also provides information regarding some of the risks involved with various foods often distributed at farmers’ markets and similar venues, and contains basic guidance regarding safe transportation, delivery and display of foods. The guidance and clarification regarding farmers’ markets and similar events is needed as the number of farmers’ markets in Illinois has increased 3-fold in the past decade. In addition, the range of food products sold at these venues has expanded from fresh, uncut, unprocessed fruits and vegetables, to include meats, poultry, eggs, dairy products, and processed foods from baked goods to jams and salsas. This guidance document, originally written in 1999, has been revised to clarify several areas of confusion, such as foods that are allowed, but only when certain regulations are met. Given that certain foods pose potential risks to public health, local health departments need to be aware of the Illinois statutes and rules, and must be able to verify the source of foods distributed. An appendix listing the Illinois’ statutes and rules that provide the legal basis for regulating farmers’ markets and other outdoor food sales events can be found at the end of this document. This technical information bulletin is not all inclusive. Other regulations may apply including local, city or county food ordinances. You can obtain contact information for other local health departments at the following website http://www.idph.state.il.us/local/home.htm PERMITS/LICENSES Operators of stands and concessions who wish to sell products other than fresh, uncut, unprocessed produce must contact each local health department (http://www.idph.state.il.us/local/home.htm) in which they will be operating to obtain specific requirements including necessary inspections, food permits or licenses. Fresh, whole, uncut, unprocessed produce, as implied in the Farm Products and Marketing Act, is exempt from inspections and licensing fees. Page 414 of 469 PAGE: 2 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 FOODS ALLOWED FOR SALE OR DISTRIBUTION AT FARMERS’ MARKETS WITH NO RESTRICTIONS As provided by the Farm Products Marketing Act, the following foods are allowed at farmers’ markets and other outdoor food sales events with no restriction: Raw Agricultural Products - Fresh fruits and vegetables, honey in the comb – as harvested and not further processed; only minimally rinsed to remove visible soil, but otherwise unprocessed and not packaged; Popcorn, grains, seeds, beans and nuts -- whole, unprocessed, unpackaged and unsprouted; Fresh herb sprigs (a little twig or spray); dried herbs in bunches –only cut for harvesting, minimally rinsed to remove visible soil and unpackaged. FOODS ALLOWED FOR SALE OR DISTRIBUTION AT FARMERS’ MARKETS WITH CERTAIN RESTRICTIONS Note: In addition to the guidance below, please refer to the complete applicable statute and regulation listed in the appendix at the end of this document. Baked Goods shall be prepared in an inspected facility. If the goods are for direct retail sale or distribution, the facility and processes must be inspected by the local health department. Potentially hazardous baked goods (i.e., cream or custard filled items, egg-based or custard pies, etc.) shall be transported and held at or below 41° F at all times. If the goods are for wholesale distribution, the facility and processes must be inspected by the Illinois Department of Public Health (IDPH), Division of Food, Drugs, and Dairies (FDD). Contact information for the IDPH/FDD regional offices can be found at the end of this document. All packaged items must be properly labeled as indicated under the labeling section found on page 7 of this document. A list of local health departments and contact information is available at http://www.idph.state.il.us/local/home.htm Cut Fruits and Vegetables shall be deemed to be ready-to-eat and shall be prepared and handled in accordance with the temporary food service section of the Illinois Food Service Sanitation Code (77 Ill. Adm. Code 750) sections 750.1600 through 750.1700. Page 415 of 469 PAGE: 3 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 Milk and Cheese Products shall be processed in an IDPH licensed facility. Products that have been pasteurized, processed and packaged in a licensed dairy plant may be sold at farmers’ markets and other food sales events. All potentially hazardous dairy products shall be stored at 41°F or below. For specific information, contact the regional IDPH office by clicking onto the following site: http://www.idph.state.il.us/local/map.htm IDPH/FDD Regional office contact information is also available at the end of this document. All milk products must follow the labeling requirements found in the labeling section of this document on page 7. Ice cream may be sold if it is manufactured in a licensed dairy plant or in a retail food establishment from commercially pasteurized ice cream mix. Raw milk cheeses may be sold if made in a licensed dairy plant and aged over 60 days. Title 21 Code of Federal Regulations (CFR) Part 133 addresses those standardized cheeses that are permitted to be manufactured from raw milk when the cheese is aged over 60 days. Hand washing is required when produce or any food item is sliced, cut or prepared on-site or off- site, therefore, hand washing facilities must be provided. It is highly recommended that if warm water under pressure is not available, a handwashing station such as the one shown below is utilized. Water used for hand washing shall be from a potable source. Page 416 of 469 PAGE: 4 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 Herbs - Chopped, blended, packaged, or otherwise processed herbs must be prepared in an inspected facility. Honey - Comb-honey is exempt from regulatory oversight, but extracted honey must originate from an inspected facility and must follow the labeling requirements found in the labeling section on page 7. If any sweetener is added, the product may not be called honey. Note: Beehives must be inspected by the Illinois Department of Agriculture (IDOA). Maple Syrup must originate from an inspected facility and must follow the labeling requirements found in the labeling section on page 7. Wild and Cultivated Mushrooms - Commercially-raised mushrooms (i.e., common button mushroom, portabellas, shiitake, enoki, bavarian, etc.) must have documentation detailing their source. “Wild-type" mushroom species picked in the wild shall not be offered for sale or distribution unless the requirements as described in the IDPH Technical Information Bulletin (TIB) #16 regarding Wild Mushrooms and Cultivated Mushrooms are met. Apple Cider and other fruit and/or vegetable juices shall be made in an inspected facility. Juice HACCP regulations must be followed if sold wholesale. See the following website for more information (www.cfsan.fda.gov/~comm/haccpjui.html). Contact the regional IDPH office to arrange to have a facility and process of juicing approved. o Apple cider, packaged or in a container, must be treated to achieve a 5-log reduction of pathogens or show a warning statement on the label stating: “WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly and persons with compromised immune systems.” o Unpackaged apple cider and other fresh juice produced on site are exempt from the warning statement. Herb Vinegars shall be made in an inspected facility. All vinegars must follow labeling requirements found in the labeling section on page 7. Garlic-in-oil shall only be sold if processed in an inspected, commercial processing plant where it has been acidified to certain specifications (usually with citric acid). Garlic-in-oil is frequently contaminated with Clostridium botulinum spores and has been implicated in several foodborne outbreaks. Page 417 of 469 PAGE: 5 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 Other Flavored Oils shall be made in an inspected facility. Flavored oils have not been epidemiologically implicated in foodborne illness outbreaks. Therefore, they do not require acidification and are not considered potentially hazardous. Labeling requirements must be followed as detailed in the labeling section on page 7. Pickles, Relishes, Salsas, other “canned” items - All canning and preserving shall be done in an inspected facility. Home canning is not allowed. The facility shall be inspected by IDPH and the inspector shall verify the sources of ingredients and compliance of Title 21 Code of Federal Regulations Part 113 and 114. In addition, the canning process must be inspected and approved by the IDPH or relevant regulatory authority in another state. Shell Eggs - Salmonella enteritidis (SE) is the pathogen of concern with shell eggs. An egg license issued by the IDOA is required for anyone who transports and sells eggs anywhere except on the farm where the eggs were produced. IDOA rules stipulate that all eggs sold at farmers’ markets and other off-farm venues must be candled and graded, and held at 45°F or below during storage, transportation and distribution. Once the eggs are at the farmers’ market or other retail location, the Illinois Retail Food Store Sanitation Code stipulates that the eggs shall be held at 41°F or below. Any form of refrigeration is acceptable, so long as the temperature requirements are met. For more information regarding these requirements and the Illinois Egg and Egg Products Act, contact IDOA, Division of Food Safety and Animal Protection, P. O. Box 19281, State Fairgrounds, Springfield, Illinois 62794-9281, 217-524-1550 or visit www.agr.state.il.us. Meats and Poultry are regulated by the IDOA, Bureau of Meat and Poultry Inspection. Meat, meat products, poultry and poultry products must be derived from livestock or poultry (including rabbits) which were slaughtered under IDOA or U.S. Department of Agriculture (USDA) inspection. A meat and poultry broker’s license issued by IDOA is required for anyone who sells meat, poultry, meat products or poultry products at a farmers’ market other than licensed meat and poultry processing establishments. Meat, meat products, poultry and poultry products offered for sale must bear an IDOA or USDA inspection legend and other required labeling (product description, ingredients, etc.) on every container. All required labeling and handling rules apply and vary depending on the product. Vendors at farmers’ markets must meet any additional relevant requirements found in the Food Service Sanitation Code (77 Ill. Adm. Code 750) and/or local food ordinances if applicable (contact your local department of public health or IDPH). Always obtain meat and poultry information from IDOA because USDA does not provide information on Illinois laws and regulations which cover many additional species of livestock and poultry. For additional information and meat and poultry broker license applications, contact IDOA, Bureau of Meat and Poultry Inspection, Compliance Section, P.O. Box 19281, State Fairgrounds, Springfield, Illinois 62794-9281, 217-785-4709, or visit www.agr.state.il.us to download a meat and poultry broker application. Fish shall be processed in an inspected facility using a HACCP plan required in Title 21 Code of Federal Regulations Part 123. A commercial fishing license is required for anyone selling or distributing fish at a farmers’ market. Page 418 of 469 PAGE: 6 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 Commercially Produced Pre-Packaged Food Products are allowed for sale at farmers’ markets and other outdoor food events if they meet applicable regulations and requirements, including labeling requirements found on page 7 in this TIB. Other Food Products - Other food products will be assessed on an individual basis by the local or state health department. Live Animals shall be segregated from the general food sales area, and may be sold if there are no local ordinances that prohibit it. State regulations provide for specific identification and/or testing requirements, as well as sales records for certain species of live animals and poultry. Information regarding testing and identification requirements can be obtained by contacting the Illinois Department of Agriculture, Bureau of Animal Health and Welfare at 217-782-4944 or online at www.agr.state.il.us . Lotions/Creams/Cosmetics - Contact U.S. FDA Chicago District Office at 312-353-5863. FOODS PROHIBITED FROM SALE OR DISTRIBUTION The following products are prohibited from sale or distribution to the public: Raw Milk or any Dairy Products made with Raw Milk - (see page 3 for exemption regarding cheese aged over 60 days) are prohibited for sale or distribution at farmers’ markets by the Grade A Pasteurized Milk and Milk Products Act. Raw dairy ingredients can be contaminated with Campylobacter jejuni, Listeria monocytogenes, Salmonella, and/or other pathogens. Home-Butchered Meat, Poultry, or Wild Game Animals - Home-butchered meat and poultry is for the owner’s own household use and may not be transported to or sold at farmers’ markets. Wild game may only be donated to charitable or non-profit organizations if it is processed in an inspected facility. Home-Canned Foods are Prohibited – All low acid canned foods in hermetically sealed containers have a risk of containing surviving Clostridium botulinum and subsequent formation of toxin unless a scheduled process is filed with the U.S. FDA and followed. Some recipes for apple butters, jams and jellies may have been modified to use a substitute, pectin, or fruit juice in place of sugar, which will not give the same protection as a high sugar content. Without process controls and product analysis, it is extremely difficult to distinguish between safe and unsafe products. Therefore, home-canned foods may not be sold to the public. Any canned or preserved goods must be made in an inspected facility, and comply with Section 750.110(f) of the Illinois Food Service Sanitation Code (77 Ill. Adm. Code 750). Home Vacuum-Packaged Products are Prohibited - The risk of Clostridium botulinum and other anaerobic pathogens occurs without strict controls and an approved HACCP plan. Sandwiches Prepared at Home are Prohibited - All potentially hazardous foods must be prepared in an inspected facility. Sandwiches made at home may not be sold to the public. Ice-cream made in an uninspected facility is prohibited. Page 419 of 469 PAGE: 7 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 LABELING All food pre-packaged in advance of retail sale must bear the following label, sign or placard, or as a recipe available to the consumer. The information must be written in English. Common name of the product; Name, address and zip code of the packer, processor, distributor, or manufacturer; Net contents (weight or volume) of the package; List of ingredients in descending order of predominance by weight, with ingredients shown with common or usual name; List of any artificial color, artificial flavor or preservatives used; Safe handling instructions (as needed) for meat and poultry products; Other labeling information as required by federal, state or local jurisdictions; and Major allergens must be listed. Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282, Title II) www.fda.gov/Food/LabelingNutrition/FoodAllergensLabeling/ GuidanceComplianceRegulatoryInformation/ucm106187.htm Guidance for Industry: Questions and Answers Regarding Food Allergens, including the Food Allergen Labeling and Consumer Protection Act of 2004 (Edition 4); Final Guidance www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments /FoodLabelingNutrition/ucm059116.htm Small Business Exemption for Nutrition Labeling No nutrition labeling is required for businesses with less than $10,000 gross sales per year unless a health claim is made (for example, relieves or cures some disease or condition) or a nutrition claim is made (no fat, low salt, etc). The following is an additional exemption from Nutrition Facts listing for businesses selling foods for direct retail sale to consumers (not wholesalers) provided that the food bears no nutrition claims or other nutrition information in any context on the label, in labeling or in advertising: A retail firm that has total annual gross sales made or business done in sales of food to consumers of not more than $50,000, or, has annual gross sales made or business done in sales to consumers that is not more than $500,000 is exempt from the Nutrition Facts requirement, 21 CFR 101.9(j)(1)(i). The following chart illustrates the exemption: SALES IN FOOD TOTAL SALES (FOOD & NON-FOOD) STATUS $50,000 or less $500,000 or less EXEMPT $50,000 or less $500,001 or more EXEMPT $50,001 or more $500,000 or less EXEMPT $50,001 or more $500,001 or more NOT EXEMPT For more information about health and nutrient claim requirements, contact IDPH, FDD central office, 525 W. Jefferson St, Springfield, IL, 62761, 217-785-2439. Page 420 of 469 PAGE: 8 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 OTHER REQUIREMENTS This technical information bulletin is not all inclusive. Other regulations may apply including local, city or county food ordinances. You can obtain contact information for other local health departments at the following website http://www.idph.state.il.us/local/home.htm VEHICLES During transportation and delivery, food and food equipment must be protected from insects, flies, animals, dust and dirt, unnecessary handling, chemicals and other contamination. Delivery vehicles or other equipment used for such transportation must be constructed so as to be easily cleanable. PREMISES The operator of each stand or sales area is responsible for maintaining it in a neat, clean and sanitary condition. An adequate number of tightly covered waste containers must be provided for disposal of garbage and refuse. These containers must be stored to eliminate potential for contamination of any food products. At the close of business, each vendor shall clean their stand and surrounding area. FOOD PROTECTION DURING STORAGE, DISPLAY AND SALES Any prepared, processed, baked or cut food must be packaged or wrapped for protection and have required labeling (see page 7). Food on display in open air markets must be adequately protected from incidental public handling, dirt and other contamination. Food must be stored off the ground or off the floor. Any wrapping or container for prepared, processed, baked, or cut food must be constructed of safe, non-toxic and food-grade materials. Food products must be enclosed and protected from pests overnight. BAKE SALES AS FUNDRAISERS Non-potentially hazardous foods such as cookies, cakes and fruit pies, which have not frequently been associated with foodborne illness, may be prepared in non-inspected kitchens provided the products are sold or distributed on an occasional basis (e.g., a fundraiser for a non-profit organization) and not as a routine business. It is strongly recommended, however, that this preparation take place in a controlled environment such as a club or church kitchen or licensed food service establishment. SCALES The Illinois Department of Agriculture’s Bureau of Weights and Measures regulates the retail sales of fruits, vegetables, and other items at farmers’ markets. Commodities not in liquid form must be sold by weight, by measure, or by count. All scales used in commerce must have a National Type Evaluation Program (NTEP) Certificate of Conformance issued by the National Conference on Weights and Measures. Commercial scales are also subject to annual inspections by the Bureau of Weights and Measures. For additional information, please contact the Bureau of Weights & Measures by calling 800-582-0468 or on their website at www.agr.state.il.us. Page 421 of 469 PAGE: 9 NUMBER: Technical Information Bulletin/ Food #30 EFFECTIVE: May 1, 2010 APPENDIX Below are some of the Illinois statutes and rules that provide the legal basis for regulating farmers’ markets and other outdoor food sales events. Note that this list is not comprehensive. There may be other applicable regulations or local ordinances. 1. Farm Products Marketing Act (505 ILCS 70/1) 2. Egg and Egg Products Act (410 ILCS 615/1 et seq.) 3. Meat and Poultry Inspection Act (225 ILCS 650/1 et seq.) 4. Grade A Pasteurized Milk and Milk Products Act (410 ILCS 635/1 et seq.) 5. Sanitary Food Preparation Act (410 ILCS 650/1.1 et seq.) 6. Illinois Retail Food Store Sanitation Code (77 Ill. Adm. Code 760) 7. Illinois Food Service Sanitation Code (77 Ill. Adm. Code 750) 8. Illinois Food, Drug and Cosmetic Act (410 ILCS 620/1 et seq.) IDPH FDD Regional Offices CHICAGO REGIONAL OFFICE MARION REGIONAL OFFICE 4212 W. St. Charles Road 2309 W. Main St. Bellwood, IL 60104-1146 Marion, IL 62959-1195 708-544-5300 618-993-7010 CHAMPAIGN REGIONAL OFFICE PEORIA REGIONAL OFFICE 2125 S. First St. 5415 N. University St. Champaign, IL 61820-7499 Peoria, IL 61614-4784 217-278-5900 309-693-5360 EDWARDSVILLE REGIONAL OFFICE ROCKFORD REGIONAL OFFICE 22 Kettle River Drive 4302 N. Main St. Glen Carbon, IL 62034 Rockford, IL 61103-1209 618-656-6680 815-987-7511 WEST CHICAGO REGIONAL OFFICE 245 W. Roosevelt Road, Building 5 West Chicago, IL 60185-4803 630-293-6800 Page 422 of 469 For City Council meeting of May 23, 2011 Items O1/O2 Resolution 34-R-11 and Ordinance 36-O-11: City Council Meeting Rules Resolution for Action; Ordinance for Introduction To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Resolution 34-R-11, Amending City Council Rule 16.5, and Ordinance 36-O-11, Amending Evanston City Code, 1-5-3(A) Date: May 6, 2011 Recommended Action: Rules Committee recommends adoption of Resolution 34-R-11 and Ordinance 36-O-11. Funding Source: n/a Summary: Title, 1, Chapter 5, Section 3(A) of the Evanston City Code and City Council Rule 16.5 currently state that the City Council meetings shall be held semi monthly or twice a month, respectively. On May 2, 2011, the Rules Committee met and considered an amendment to the Evanston City Code and City Council Rule mentioned above. The Rules Committee recommends that the City Council meetings be held three times a month. Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: Resolution 34-R-11 Ordinance 36-O-11 Memorandum Page 423 of 469 5/06/2011 34-R-11 A RESOLUTION Amending City Council Rule 16.5 WHEREAS, The City Council amends the City Council Rules from time to time; and WHEREAS, It has become necessary to amend City Council Rule 16.5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That City Council Rule 16.5 is hereby amended to read as follows: 16.5 The City Council shall convene twice three times monthly, except for the months of August and December when the Council shall convene but once. The Council shall convene on the 2nd and 4th Monday of the month, except for April when the first meeting shall be a joint Annual Township and City meeting (second Tuesday of the month. The Council shall meet immediately following the adjournment of the Planning and Development Committee meeting, such Committee meeting which shall precede the regular scheduled Council meeting. The Council shall convene on the 3rd Monday of the month to present awards, receive presentations and consider items of citywide concern. SECTION 2: That the City Clerk is directed to publish such notice as required by this Resolution. SECTION 3: That this Resolution 34-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 Page 424 of 469 34-R-11 ~2~ Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2011 Page 425 of 469 5/6/2011 36-O-11 AN ORDINANCE Amending the Evanston City Code of 1979, Title 1, “General Administration,” Chapter 5, “City Council,” Section 3(A), “Meetings of the Council” WHEREAS, on May 2, 2011, the Rules Committee met and considered an amendment to Section 1-5-3(A) of the Evanston City Code of 1979, as amended, and recommends City Council approval thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 1-5-3(A) of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 1-5-3: - MEETINGS OF THE COUNCIL: The meetings of the City Council shall be open to the public, and a journal of the Council's proceedings shall be kept. (A) Regular Meetings: Regular meetings of the City Council shall be held three times a month semi-monthly on such dates and at such times as approved by the City Council at the beginning of the calendar year. Alterations to the approved calendar of meeting dates shall require Council action and proper public notice in accordance with the Open Meetings Act [3]. SECTION 2: The City Clerk is hereby directed to take all necessary steps to implement this Ordinance. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 426 of 469 36-O-11 ~2~ SECTION 4: That if any provision of this Ordinance 36-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 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: That this Ordinance 36-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, City Attorney Page 427 of 469 For City Council meeting of May 23, 2011 Item O3 Business of the City by Motion: Consolidated Annual Performance & Evaluation Report For Action To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director, Community & Economic Development Dennis Marino, Manager, Planning & Zoning Sarah Flax, Housing & Grants Administrator Subject: Consolidated Annual Performance and Evaluation Report (CAPER) on the City’s Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs for 2010/11. Date: May 12, 2011 Recommended Action: The Housing and Community Development Act Committee and staff recommend approval of the 2010/11 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER is posted on the City website at http://www.cityofevanston.org/planning-zoning/community-dev-block-grant/caper/ The CAPER must be submitted to the Chicago Field Office of the U.S. Department of Housing and Urban Development by May 31, 2011. Funding Source: N/A Summary: The Consolidated Annual Performance and Evaluation Report (CAPER) reviews how the City of Evanston used federal entitlement funds provided by the U.S. Department of Housing and Urban Development (HUD) to successfully implement programs and projects that address community needs during the 2010/11 program year (March 1, 2010 to February 28, 2011). Evanston received $2,744,311 in HUD entitlement funds in FY2010/11: $2,095,180 in Community Development Block Grant (CDBG), $563,401 in HOME Investment Partnerships (HOME) and $85,730 in Emergency Shelter Grant (ESG) funds. In addition, the City had $3,062,081 in CDBG, HOME and ESG funds from prior years and $173,239 in program income, which provided a combined total of $5,979,631 with which to assist low and moderate income residents and address or eliminate blight and deterioration. The City expended $2,930,119 of those funds in the 2010/11 program year. Memorandum Page 428 of 469 Page 2 of 2 All programs and projects funded in 2010/11 addressed strategic priorities identified in the City’s 2010-2014 Consolidated Plan and in the 2010/11 One Year Action Plan. The CAPER details how the City met or exceeded most of its plan goals. The City exceeded HUD timeliness requirements for the expenditure of CDBG funds. Background: 2010/11 is the first year in the 2010-2014 Consolidated Plan and Evanston met or exceeded virtually all the housing, infrastructure and public improvement, economic development and social services goals in that plan. However, need continues at a high level, impacted heavily by unemployment and continuing foreclosures. In addition, funding cuts from the State of Illinois in FY2011 and additional federal and state funding reductions anticipated in FY2012 have affected many Evanston service providers. The City continues to use local resources and federal funds from the American Recovery and Reinvestment Act of 2009, including Homelessness Prevention and Rapid Re- housing (HPRP) and Neighborhood Stabilization Program 2 funds, in addition to its entitlement grants. Public comment period on the CAPER opened on May 9 and will close on May 23, 2011 at 5PM. Comments will be summarized in the CAPER prior to its submission to HUD by May 31, 2011. Legislative History: The Housing and Community Development Act Committee conducted a public hearing on the draft 2010/11 CAPER on May 17, 2011. The Committee voted to recommend approval of the CAPER by City Council. Attachments: City of Evanston Draft Consolidated Annual Performance and Evaluation Report for 2010/11 is posted on the City website at http://www.cityofevanston.org/planning- zoning/community-dev-block-grant/caper/ Page 429 of 469 City of Evanston FY2010/11 Consolidated Annual Performance and Evaluation Report May 6, 2011 Draft for Public Comment Page 430 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 1 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report GENERAL I. Executive Summary This Consolidated Annual Performance and Evaluation Report (CAPER) reviews how the City of Evanston used federal funding provided by the U.S. Department of Housing and Urban Development (HUD) to successfully implement programs and projects that address community needs during the 2010/11 program year (March 1, 2010 to February 28, 2011). The City of Evanston’s Consolidated Plan contains ambitious goals to address community needs and improve the quality of life, especially for low- and moderate-income residents. Evanston met or exceeded its unit goals for most housing, infrastructure and public improvements, economic development, and public services in the first year of the new Consolidated Plan. Summary of Resources Evanston received $2,744,311 in HUD federal entitlement funds in FY 2010/11: $2,095,180 in Community Development Block Grant (CDBG) funds, $563,401 in HOME Investment Partnership (HOME) funds and $85,730 in Emergency Shelter Grant (ESG) funds. Together with unexpended CDBG and HOME funds from prior years plus program income, the City spent a total of $2,930,416 in the 2010/11 program year to assist low- and moderate-income residents and address or eliminate blighting and deterioration. Grant Amount Available 3/1/10 Amount Expended CDBG Prior years' funds $ 909,925 2010 entitlement $ 2,095,180 Entitlement subtotal $ 3,005,105 Program income $ 145,855 Total CDBG $ 3,150,960 $ 2,153,687 HOME Prior years' funds $ 2,152,156 2010 entitlement $ 563,401 Entitlement subtotal $ 2,715,557 Program income $ 27,384 Total HOME $ 2,742,941 $ 690,702 ESG Prior years' funds $ - 2010 entitlement $ 85,730 Total ESG $ 85,730 $ 85,730 TOTAL FUNDS $ 5,979,631 $ 2,930,119 Page 431 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 2 Distribution of Funds All programs and projects funded in 2010/11 addressed strategic priorities identified in the City’s 2010- 2014 Consolidated Plan and one or more of the three federal statutory goals: • Provide decent housing • Provide a suitable living environment • Expand economic opportunities. Federal resources were focused in west and south Evanston in the Fifth, Second and Eighth Wards, which comprise most of the CDBG Target Area (see map on following page). Based on the 2000 census, Evanston’s low- and moderate-income population, as well as its minority population is concentrated in these wards. Funding was further concentrated in the City’s two Neighborhood Revitalization Strategy Areas that were approved as part of the 2010-2014 Consolidated Plan and represent areas of greatest need in our community. Housing programs, which represent almost half of total funds expended, were implemented primarily in these geographic areas. CDBG Targeted Code Enforcement, which constitutes approximately 27% of housing related expenditures, is restricted to the CDBG Target Area and is an essential tool for maintaining decent affordable rental housing and livable neighborhoods. CDBG and HOME funded rehabilitation programs, though not limited to the CDBG Target Area or NRSAs since each household benefitting is income qualified, were also focused in these areas. Public Improvements funded with CDBG, including alley paving, sidewalk and curb replacement, park improvements and neighborhood improvement projects were all in the CDBG Target Area, particularly in the NRSAs. In addition, many public services programs are centered in the CDBG Target Area to be easily accessible to individuals in need of, and eligible for, the services. Eligibility for most public services activities is established by income-qualifying participants rather than by limiting participation to residents of areas whose residents can be presumed income eligible in order to maximize program reach and efficiencies. II. Five Year Plan Assessment of Progress The City of Evanston obligated most of its 2010 CDBG and ESG allocations, funding 42 activities with CDBG entitlement, program income and reallocated dollars from projects completed in prior years; 4 agencies were funded with ESG. The City’s 2010 HOME funds have not yet been allocated to development projects or programs. Fifteen percent of 2010 HOME entitlement was subfunded for CHDO projects, however, Evanston is significantly above the required spending with CHDOs through the 2010 grant year based on CHDO projects funded in prior years. HOME funds were approved for Housing Opportunity Development Corporation, a Community Housing Development Organization (CHDO) by City Council on February 28, 2011 to rehabilitate a four-unit rental property and options for refinancing the mortgage are being pursued to ensure project stability through the 15-year affordability period. The City continued to refine its management processes for the CDBG, HOME and ESG programs in 2010/11 to ensure compliance with programmatic and federal cross-cutting requirements. The City’s CDBG program was monitored in June 2010 and all findings and concerns were closed. Findings from the HOME monitoring begun in 2009, most of which related to compliance with HOME documentation requirements, continued to be addressed. New HOME staff underwent two days of intensive training and continues to work with HUD technical assistance providers to ensure that documents recording project affordability periods are fully compliant with HOME regulations. Staff administering the CDBG, HOME and ESG programs worked closely with City departments and community organizations to ensure that HUD funds are spent expeditiously and programmatic objectives are met. CDBG continues to meet HUD’s timeliness requirement; the City’s CDBG draw ratio was .79, with an adjusted draw rate of .82 when program income was included, on December 27, 2010, significantly below the 1.5 threshold level. The City also met its timeliness deadlines for disbursement of Page 432 of 469 L A K E M I C H I G A NNORTH SHORE CHANNELNORTH SHORE CHANNELJENKS ST HAVEN ST PAYNE ST LEON PL PO P LA R AV E GREY AVEHARRISON ST P R A I R I E A V E REBA PL COLFAX ST SHERIDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVESHERIDAN PL RIDGE CTMcCORMICK BLVDGR E EN BA Y RD THAYER ST PRATT CTGRANT PITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD STCOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PL ARBOR LN 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 ROSLYN PL GREY AVEFLORENCE AVEHOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVELYONS ST FOWLER AVECLAR K S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEEMERSON ST BRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHUR C H S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEB R I D G E ST CALVIN CIR BROWN AVENORMANDY PL WOODLAND RD ELINOR PL WARREN STLIVINGST O N WASHINGTON ST NATHANIEL PL OAKKEENEY ST SOUTH BLVD HAMILTON ST EA S T RA I L ROAD AV 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 PLCULVER 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 ST EW A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIR HILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTGR E EN BA Y RD GARNETT PL ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEEUCLID PARK PL WESLEYCLARK ST LIVINGSTON ST COLFAX TER HARRISON GRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVETHA Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYER ST CRAWFORD LINCOLNWOOD DRMILBURN ST LAKESIDE CT CHURCH ST HARTZELL ST P RA I R I E AV E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE ST LIVINGSTON CHANCELLOR LYONS ST DEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL ST WASHINGTON ST PITNER AVELINCOLN ST HINMAN AVESEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL ORRINGTON AVEEL G I N R D ELMWOOD AVECOLFAX ST HINMAN AVEGROV E S T EL G 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 R D NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEMULFORD ST GREENLEAF ST HILLSIDE RD CLEVELAND ST BROWN AVEHARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCO R MI CK BL V D FOSTER ST GREENWOOD ST CALLANPARK PL JUDSON AVENOYES ST DARROW AVEASHLAND AVEHARRISON ST EASTWOOD AVEARTS CIRCLE D R NOYES WOODBINE AVEPRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVETECH DR DARTMOUTH PL 1200 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 320031002100180013001400800600400Target Area South NRSA West NRSA Main Road Local Street Railroad City of Evanston Water 0 0.5 10.25 Miles CDBG Target Area and Neighborhood Revitalization Strategy Areas This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. ´ Page 433 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 3 ESG and HOME funds. We continue to work with CHDOs and other potential partners on new development projects and anticipate we will meet the July 31, 2011 deadline for commitment of approximately $474,000 in 2009 HOME funds. The City of Evanston undertook over 45 activities with CDBG, HOME and ESG funds in 2010/11 to benefit low- and moderate-income residents and address the goals and objectives of the 2010-2014 Consolidated Plan. Activities are categorized by the national objective they address (providing decent housing, suitable living environment and economic opportunity) and the outcome they achieve (availability/accessibility, affordability and sustainability). The following table summarizes resources allocated and 2010/11 expenditures by those objectives and outcomes. Details of each activity, including goals and accomplishments, are summarized in Table 3A (Summary of Specific Objectives and Outcome Performance Measurements) that follows the narrative section. Availability/Accessibility Affordability Sustainability Total Amount Percent Amount Percent Amount Percent Amount Percent Decent Housing $561,897 19% $654,538 22% $425,000 15% $1,641,435 56% Suitable Living Environment $321,566 11% $71,190 2% $290,488 10% $683,244 23% Economic Opportunity $116,697 4% $33,275 1% $0 0% $149,972 5% Project Totals: $1,000,160 34%$759,003 26% $715,488 24% $2,474,651 - Admin & Planning NA NA NA NA NA NA $455,467 16% CDBG, HOME & ESG $2,930,119 100% The City built on its CDBG, HOME and ESG programs to provide affordable housing, services and other improvements using local, state and federal resources, including the CDBG-R, Homelessness Prevention and Rapid Re-housing formula programs and Neighborhood Stabilization Program 2, funded by the American Recovery and Reinvestment Act of 2009. These programs have dramatically expanded our ability to address community challenges, particularly the destabilization of neighborhoods created by foreclosures in the two census tracts targeted with NSP2. In addition, the City allocated $250,000 of its Energy Efficiency & Conservation Block Grant funding to Residential Weatherization in the form of grants for single- and multi-family housing using CDBG eligibility criteria. These funds were administered through the CDBG Housing Rehab Program to maximize program efficiencies. Less than 10% of EECBG funds were used for program administration. Weatherization grant funds were layered with CDBG revolving loan funds on some properties and were the sole source of construction funds on others. Impediments to progress towards meeting goals and objectives The HOME program continued to face a challenging development environment for affordable housing resulting from the prolonged economic slow-down. Further, there are few parcels in Evanston that would lend themselves to the development of larger and more desirable rental developments and small buildings and scattered site rental projects offer very few incentives for potential affordable housing developers. The City is monitoring new initiatives, such as the Preservation Compact, that may help provide resources and policy guidance to increase opportunities for the City in this type of development. The City is also looking at redirecting our focus from unit development towards a tenant based voucher program to utilize the existing stock of rental housing and integrate affordable housing throughout our community. Program changes resulting from 2010/11 experience After the adoption of the NRSAs Plan by City Council in the summer of 2010, the City is still discovering how to best utilize the benefits of the NRSAs while working within the framework of existing programs. In 2010, the first year of the five-year NRSAs Plan, staff spent considerable time reviewing its programs and procedures, training personnel, and adjusting its financial and record keeping systems to align with the reporting structure required by HUD. These activities limited the development of new NRSA-specific programs and also changes to existing programs in the initial year of the plan. Many of the City’s housing programs are currently under review. The City’s Housing Rehab Division administers several housing Page 434 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 4 grant and loan programs for primarily low- and moderate-income residents throughout the City. Staff is exploring ways to encourage more participation in these programs from low- to moderate-income residents living within the NRSAs and is also considering modification of program eligibility guidelines to expand access to programs for NRSA residents who currently earn greater than 80% of area median income. For program year 2011, beginning March 1, 2011, the City is also using a more targeted approach in its allocation of resources. In prior years, there was limited coordination in the operation of public improvement programs operated by City departments, resulting in improvements on various City blocks. The City is now targeting NRSA blocks, which coincide with the NSP2 census tracts, for a number of improvements through the Alley Paving, Block, Curb & Sidewalk, SNAP and other programs to be more cost effective, given the close proximity of related improvements, and have the biggest impact on the blocks established as having the greatest need. When allocating CDBG funds, preference is now given to funding agency projects and public service programs that benefit NRSA residents. Applications for 2011 funding for public services, facility improvements, economic development and housing directed agencies to state if their requests would serve residents of the NRSAs. Applicants were encouraged to review the NRSAs Plan to see if their requests aligned with the priorities stated in that Plan. In addition to funding several City programs mentioned above, for FY 2011 the Housing and Community Development Act Committee has funded Evanston Community Development Corporation’s Workforce Training and Community Capacity Program, operating in the West NRSA, which trains primarily minorities and ex- offenders in urban farming and deconstruction and also holds computer training courses and GED classes and has funded public and facility improvements to Weissbourd-Holmes Family Focus Center, Fleetwood-Jourdain and Twiggs Park in the West NRSA and has funded the second phase of Oakton Elementary School PTA’s grounds beautification project in the South NRSA. Two new City projects/programs were funded in the NRSAs—the Church-Dodge Corridor Reconstruction Project that consists of a phase 1 engineering study of the corridor to determine the character and design for major arterial roadways near Evanston Township High School and the Parkway Tree Planting and Landscaping Program, which will install parkway trees and landscaping on parkway corners at key street intersections in the NRSAs only. The City of Evanston plans to evaluate the Neighborhood Security Program and Neighborhood Initiatives Fund to determine if changes should be made to increase participation. The dollar-for-dollar homeowner match for CDBG funds in the Neighborhood Security program may be a barrier to participation, as many homeowners, especially those in neighborhoods with multiple foreclosed properties, are struggling simply to pay their mortgage, taxes and utilities. Opportunities for block clubs and other neighborhood groups to take action to improve their communities using small grants from the Neighborhood Initiatives Fund could complement the City’s NSP2 program, and contribute to the revitalization of targeted areas. Both programs may be more effective at supporting the goals of NSP2 and the Neighborhood Revitalization Strategy Area plans submitted in the City’s 2010-2014 Consolidated Plan with minor modifications. III. Assessment of Annual Progress Affirmatively Furthering Fair Housing The City of Evanston’s Fair Housing Ordinance is an important tool for enforcing fair housing choice and affirms individual rights to fair housing in our community, regardless of race, color, creed, national origin, sexual orientation or economic and educational levels/groups. Complaints of discrimination made to the City are directed to the Community Interventions Coordinator, who also mediates landlord-tenant disputes and works with the City’s Building Official to educate landlords, tenants, realtors and community members on housing related issues. Cases of alleged housing discrimination are generally referred to Interfaith Housing Center of the Northern Suburbs, the HUD Fair Housing Advocacy agency for Chicago’s north suburbs, with whom the City has a long-standing relationship. Summary of impediments to fair housing choice City of Evanston staff and Interfaith Housing of the Northern Suburbs Director of Fair Housing have received some reports of discriminatory practices in rental housing in the following situations: Page 435 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 5 • Families with children and single parent households report they have been offered less favorable lease terms than households without children • Latino tenants report being charged higher rates than non-Latinos • College students report being charged higher rates than other renters • Various groups report being charged higher security deposits than others In the current housing market, much higher credit scores are being required both for renting and purchasing, and subsequent denials of housing have been perceived as discrimination based on race/ethnicity, marital status, primary language or sexual orientation. However, it is important to note that Interfaith Housing Center of the Northern Suburbs recently completed two HUD-funded sales and rental audits in its service area comprising 16 North Shore suburbs that identified significant levels of discrimination, especially based on race/ethnicity and familial status. Additional testing is needed to identify the magnitude of any such discriminatory housing practices in Evanston, as the most recent testing focused on Evanston was conducted in 2006. In that study, Evanston realtors did not appear to have discriminatory marketing or sales practices for residential properties. Findings included that agents were less likely to make prejudicial comments than in earlier audits, but that Fair Housing information was not being provided consistently to buyers An issue identified by Interfaith Housing throughout their 16-community service area is the use of non- refundable fees. For example, a household may be charged a pet fee or a move-in fee. These fees may sometimes be used to circumvent regulations on security deposits. A potential impediment to fair housing noted by Interfaith Housing that relates to condominiums is the “right of first refusal” that can be used by condo boards to derail an impending sale by buying the apartment from its current owner or by adding requirements for ownership that are specifically discriminatory or become discriminatory when applied inconsistently. In addition, there is concern that some landlords truncate tenancy by not providing a minimum level of services such as proper maintenance of a building or unit, including not paying utilities, resulting in the tenant leaving by choice or in the forced dislocation by City officials for lack of essential utilities in the rental unit. Overcoming impediments to fair housing choice The City of Evanston continues to work to educate realtors, apartment owners/managers and people seeking housing about potential types of discrimination using its Fair Housing brochure and flyers developed by Interfaith Housing Center of the Northern Suburbs that have been translated into several languages, including Spanish. As noted above, the City continues to examine potential institutional impediments to fair housing such as zoning. The City continues to evaluate the impact of zoning to ensure that the needs of diverse household sizes, lifestages and incomes are addressed. For example: • Form-based zoning that includes incentives for affordable housing is being proposed as part of the City’s Downtown Master Plan • The West Evanston Master Plan expands the types of dwellings in an area dominated by single- family dwellings to include small multi-family buildings, townhomes and granny flats to help maintain affordability. Progress in meeting specific affordable housing objectives The City made significant progress in creating and maintaining affordable housing. Most of the unit goals in that plan were exceeded, although no new ownership housing was constructed. The following chart shows 2010/11 accomplishments by tenure and funding source. Five-year goals and accomplishments are shown in Table 3A. Page 436 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 6 2010/11 Annual Housing Goals and Completions CDBG HOME Total Goal Completed Goal Completed Goal Completed Annual Affordable Rental Housing (Section 215) Acquisition of existing units 0 0 0 0 0 0 Production of new units 0 0 2 0 2 0 Rehabilitation of existing units 7 35 35 35 42 70 Rental Assistance 0 0 0 0 0 0 Total Section 215 Rental Goals 7 35 37 35 44 70 Annual Affordable Owner Housing (Section 215) Acquisition of existing units 0 0 2 9 2 9 Production of new units 0 0 0 0 0 0 Rehabilitation of existing units 8 12 0 0 8 12 Homebuyer Assistance 0 0 0 0 0 0 Total Section 215 Owner Goals 8 12 2 9 10 21 Annual Affordable Housing (Section 215) Homeless 0 0 2 0 2 0 Non-Homeless 15 0 5 2 20 2 Special Needs 2 0 30 33 32 33 Total Section 215 Affordable Housing 17 0 37 35 54 35 Annual Housing* Rental Housing* 40 39 35 35 75 74 Owner Housing* 188 182 2 9 190 191 Total Annual Housing* 228 221 37 44 265 265 *Includes units with limited scale rehab improved through CEDA Minor Repairs & Painting, Handyman and Neighborhood Security that are not included in the . The City adhered to Section 215 Guidelines of the HOME program for affordable housing in that 100% of the HOME-assisted rental and ownership units were occupied by low-income households with incomes at or below 80% of Area Median Income. Efforts to address worst case housing needs and the needs of persons with disabilities Evanston’s extremely low income population, with incomes under 30% of median, has been served historically though public housing owned and managed by the Housing Authority of Cook County (HACC) which also administers the Housing Choice Voucher program that provides rent subsidies to low and very-low income housieholds for private market apartments. HACC manages two senior/disabled buildings with 100 units each in Evanston, Perlman and Walchirk Apartments. City staff has worked intensively with HACC management, Cook County Commissioner staff and residents on issues at these apartment buildings. In addition, HACC manages 45 units of scattered site family housing consisting of 16 two-bedroom units, 23 three-bedroom units, and six four-bedroom units. There were no losses or additions in 2010 to the subsidized units. As of November 30, 2010, there were 581 Housing Choice Voucher holders residing in Evanston, a significant increase from the 529 Voucher holders in Evanston in September 2009. This marks a change in the seven-year decline in the number of Voucher holders residing in Evanston. However, as of November 30, 2010, HACC is not taking any additions to its waiting list for Housing Choice Vouchers. The geographic distribution of voucher holders in Evanston remains consistent, with concentrations in census tracts 8092 in west Evanston and 8102 in south Evanston which offer the most affordable rents. Page 437 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 7 The City continues to work with the Housing Authority and private landlords on property code and landlord management issues as well as problem tenant issues. The City’s Affordable Housing Fund awarded grants to a non-profit sponsor through the City’s Families in Transition program for families under 40% AMI without the resources to live self sufficiently. The program provides rental subsidies of up to 50% of contract rent plus utilities to the sponsor for up to two years while they work with a very low income family on a plan for self sufficiency. Connections for the Homeless sponsored three families that had been in their transitional housing program through this program in 2010/11. The City continues to work to provide for non-homeless persons with special needs. The renovation of kitchens and bathrooms in the Hill Arboretum Apartments, specialized housing for adults confined to wheel chairs, was completed in 2010/11. Rehabilitation of SHORE Community Services Community Integrated Living Arrangement (CILA) that houses two residents with autism using HOME funds was also completed in 2010/11. The City’s NSP2 scattered site acquisition and rehab program currently has three fully accessible housing units planned with more under consideration based on the nature of properties acquired. Both accessible and visitable units will be included in the first phase of the Emerson Square development funded in part with NSP2. Brinshore Development, LLC has applied for Low Income Housing Tax Credits to the Illinois Housing Development Authority to fund a portion of costs not covered by the NSP2 award. The City plans to work with non-profits that serve special needs populations throughout that program to identify opportunities to address their needs. The City of Evanston used ESG, CDBG and Mental Health funds for emergency and transitional shelter for homeless individuals and families, or those threatened with homelessness, as well as for case management services, job counseling and placement/follow-up assistance for homeless adults. Mental health and substance abuse services are also provided to stabilize homeless individuals’ lives while they seek employment and housing. Housing Options, Connections for the Homeless and the McGaw YMCA provide transitional and permanent supportive housing and services for individuals who would likely otherwise be homeless. Evanston does not have dedicated housing for persons with HIV/AIDS. Evanston also has two Institutions for Mental Diseases (IMDs) Albany Care and Greenwood Care, which have 417 and 145 beds, respectively, for persons with mental illness. General Assistance funds administered by Evanston Township were used to address the needs of individuals and families who are at imminent risk of homelessness because of financial or other crises. Member agencies of the Alliance on Homelessness located throughout Evanston, including CEDA and the Salvation Army, refer candidates for prevention funds to Connections for the Homeless, which administers State of Illinois prevention program in Evanston. State funding for homelessness prevention has been reduced sharply from prior years, from approximately $350,000 annually to under $100,000. The City of Evanston’s Homelessness Prevention and Rapid Re-housing Program (HPRP), funded at $801,460 through the American Recovery and Reinvestment Act of 2009, began serving clients in November 2009 and continued throughout the 2010/11 program year. HPRP is being implemented through subrecipient agreements with six member agencies of Evanston’s Continuum of Care to address the housing needs of Evanston households that are homeless or face imminent homelessness because of the economic crisis. To date, HPRP has provided direct assistance, case management and other services to 57 households through the Prevention program and 43 households through Rapid Re- housing. HPRP has dramatically expanded Evanston’s ability to provide for the needs of the homeless and people at high risk of homelessness. Based on current rate of expenditure, the City estimates that all HPRP funds will be exhausted by calendar year end 2011. Evanston Continuum of Care The Evanston Alliance on Homelessness, which manages Evanston’s Continuum of Care, continues to seek broad participation among community groups and individuals to develop effective solutions to the problems of homelessness; identify and promote effective housing models, programs, and practices for Evanston; increase awareness and promote solutions to the issues that lead to and perpetuate homelessness; foster interagency collaboration and improve efficiencies; expand the community’s Page 438 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 8 knowledge of resources; and assist in attracting public and private resources to address the needs of the homeless. In January 2011, Evanston’s Continuum of Care received renewal grants totaling $997,341 in one-year funding for eleven projects: six permanent supportive housing, three transitional housing, one supportive services program and HMIS. The following chart details the programs: Agency Project Name Amount Connections for the Homeless Family Housing Evanston $187,847 YWCA Evanston/North Shore Family Housing YWCA $71,526 Housing Options Claire/Ganey House $83,560 Connections for the Homeless Entry Point $112,560 Housing Options Pathways $112,962 Connections for the Homeless Hilda’s Place $117,197 Housing Options Pathways Plus $120,413 Connections for the Homeless Permanent Supportive Housing $106,975 Connections for the Homeless PSH Expansion $22,869 Housing Opportunity Development Corp Claridge Apartments $17,750 Connections for the Homeless HMIS $43,682 In addition, the Evanston Continuum received funding for a new project, Permanent Supportive Housing Expansion program proposed by Connections for the Homeless. This brings an additional $100,160 to Evanston to address the needs of the homeless. Addressing obstacles to meeting undeserved needs. Evanston provided program, operating and capital support for organizations that address the child care, early education and out-of-school time needs of low- and moderate-income families, as well as seniors and the disabled, using both federal and local funding. Evanston continues to be affected by increasing mortgage foreclosures. Total foreclosure filings in 2009 in Evanston totaled 336, for an average of 28 a month. The number of completed foreclosure auctions in the first quarter of 2010 was up 56% over the same period in 2009, according to data provided by The Woodstock Institute. The threat of foreclosure due to subprime loans and adjustable rate mortgages with higher adjusted monthly payments affects a wide range of incomes and housing types. The most promising remedy for homeowners is to apply for a loan modification through the Home Affordable Modification Program. The City supports the foreclosure prevention efforts of Interfaith Housing Center of the Northern Suburbs, providing funding and space at the Civic Center for counseling and education. This has become even more critical to the City in light of the recent 2011 Federal budget cuts to housing counseling resources. Fostering and maintaining affordable housing Evanston’s Affordable Housing Fund expands the City’s capacity to develop, maintain or support affordable housing for low- and moderate-income households. The local fund also serves households with incomes up to 100% of AMI who have affordability issues given Evanston’s high home values. The Affordable Housing Fund is financed through demolition fee payments and payments in lieu of creating affordable units in developments subject to the City’s Inclusionary Housing Ordinance. The Inclusionary Housing program was established in 2007, but due to the national collapse of the housing market, no planned developments have been approved since its passage. That program requires 10% of units in new, residential, owner-occupied developments with 25 units or more to be Affordable Dwelling Units available to households at or below 100% of Area Median Income. One fourth of the Affordable Dwelling Units must be priced so they are affordable to households under 80% of Area Median Income. Developers may pay a fee of $40,000 per affordable unit in lieu of providing Affordable Dwelling Units on Page 439 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 9 site. Any funds collected become part of the Affordable Housing Fund, whose purpose is to develop, maintain or support affordable housing for low and moderate income households. The Housing Commission postponed a review of the fee-in-lieu and other components of the program due to the lack of applicable cases that could be evaluated. In addition to funding acquisition, construction and rehabilitation of owner-occupied or rental housing, the Affordable Housing Fund provides forgivable downpayment assistance loans to first-time buyers of Evanston homes. The City also uses this fund to support housing-related services including foreclosure prevention counseling, reporting and data collection for agencies that receive funding for supportive housing, and a rental subsidy program for very low income families working to stabilize and improve their living situations. Three families were supported through the “Families in Transition” program last year. Eliminating barriers to affordable housing High housing costs and high property taxes present barriers to affordable housing in Evanston. Although property values have been declining since 2008, purchase prices remain out of reach for households below median income seeking to enter the ownership market. High acquisition prices of rental properties contribute to also higher rents that limit the number of rental units affordable to low income tenants. The City’s Downpayment Assistance Program, implemented in 2008, addresses the barrier to homeownership for households under 100% of median. The program’s success is a result of the substantial amount of financial assistance provided in combination with the declining home prices that have expanded the selection of affordable homes. High property taxes remain a more difficult issue to address or influence. Properties are assessed by the County, and numerous taxing bodies share in the property tax revenue. Even as property values declined, homeowners have not seen a corresponding decrease in property assessed valuations and tax bills. The City continually strives not to increase property taxes, but declining revenues, including state funding and sales tax revenues, make this a more challenging goal. Regulatory issues such as building and property standards codes can cause barriers to affordable housing through increased costs, but these codes are directly linked to health and safety issues which cannot be compromised. An analysis of zoning regulations to determine whether they create barriers to affordability might present alternative scenarios. Recently approved neighborhood plans incorporate Form Based Zoning as an alternative to Euclidean Zoning and any development that results from these plans will be analyzed to study its effect on affordability. Overcoming gaps in institutional structures and enhancing coordination Federal CDBG, HOME and ESG funding, and monies from the City’s General Fund and Mental Health Board are overseen by several City committees, commissions and departments. The City Council, as the governing body for the City of Evanston, is responsible for all policy decisions and approves all City funding recommendations, so ultimately all funding for housing and service providers is coordinated through the City Council. The Housing & Community Development Act (CD) Committee, a special Council committee, made recommendations to the City Council on the use of CDBG funds. The CD Committee oversaw the administration of the City’s CDBG program and reviewed the progress of subrecipients and City staff toward meeting their programmatic goals. The Committee’s annual application review meetings were televised live on the Evanston cable channel and rebroadcast, providing Evanston residents who were unable to attend those meetings with an opportunity to observe the CDBG funding process. The Council’s Planning and Development Committee oversaw housing policy for the City and recommended funding for specific housing-related programs and projects with HOME and the City’s Affordable Housing Fund. The Human Services Committee made funding recommendations for Emergency Shelter Grant and the City’s Mental Health Board funding to City Council regarding social services and other needs supported by those programs. Page 440 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 10 Citizens had the opportunity to provide input on housing, economic development and public services needs and policies at regularly scheduled public meetings of the Housing and Community Development Act Committee, Evanston Housing Commission, Commission on Aging, Mental Health Board, Human Services Committee, Economic Development Committee and the Evanston Alliance on Homelessness. The CD Committee held a needs hearing at its May 2010 meeting to get input for the application and funding process for the 2011 year. Staff held a meeting in July 2010 for anyone interested in applying for CDBG funds in 2011. The CD Committee conducted a public hearing at its December 2010 meeting for citizen input on the 2011 Action Plan, which included allocations of the estimated CDBG budget for 2011, prior to its submittal to the City Council and HUD. The Evanston Housing Commission reviewed HOME funded development proposals and made recommendations to the City Council’s Planning and Development Committee, for action by the City Council. All Housing Commission and Planning and Development Committee meetings were open to the public. Likewise, recommendations for the use of Evanston’s ESG funds by the City Council’s Human Services Committee were reviewed and approved at a public meeting prior to submission to City Council for approval. Information on funding awards was provided to all applicants and shared with City committees and commissions, as well as all City departments. The Action Plan was posted on the City website; copies could also be reviewed at the City’s Planning and Zoning Division office. The City’s Planning staff continues to have responsibility for preparing the Consolidated Annual Performance and Evaluation Report, as well as the Action Plan and the Consolidated Plan. Planning division staff coordinated interdepartmental discussion about priorities and programs that arose from or affected the City’s planning process and ensured that federally-funded programs addressed the City’s priority needs according to its Consolidated Plan. Improving public housing and resident initiatives Public Housing is administered by the Housing Authority of the County of Cook (HACC) which also administers the Housing Choice Voucher program. In the past, the City staff has worked intensively with HACC management, Cook County Commissioner staff and residents on issues at the Walchirk and Perlman apartment buildings which provide subsidized housing units for seniors and disabled persons. In 2009, the Perlman apartment building suffered some elevator service outages that were monitored closely by the City’s Building division staff as well as Emergency personnel to ensure the safety of elderly residents. This same property had water leakage around windows in some apartments for which repairs were undertaken. The Problem Solving division of the City’s Police Department worked proactively with HACC staff to address tenant issues in scattered site housing and with Housing Choice voucher holders, developing a process for addressing instances where HACC clients are not fulfilling their tenant obligations. In one case, Housing Choice tenants in a poorly maintained 8-unit rental building on Jackson Ave were moved from that property because of code violations and multiple calls for police. The building is currently being rehabbed and is expected to be completed and ready for re-occupancy in the fall of 2010. Evaluating and reducing lead-based paint hazards Over 75% of Evanston’s housing units, approximately 21,456, contain lead-based paint. This correlates with the age of Evanston’s housing stock, 95% of which was built before 1970 when lead-based paint was still in use. Evanston’s Housing Rehab and HOME programs, along with the Evanston Health Department, ensure that lead-based paint hazard reduction regulations are followed and that housing rehab projects undertaken with federal funds are brought into compliance with federal lead based paint standards. Housing rehab projects with a construction cost over $5,000 require an analysis for the presence of lead-based paint. Projects of lesser scope are subject to the EPA’s Renovation, Repair and Painting (RRP) Rule that went into effect on April 22, 2010. This requires contractor certification and lead- safe practices for any work in child-occupied buildings constructed prior to 1978, including housing, when Page 441 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 11 more than six square feet of interior or 20 square feet of exterior painted surface is disturbed. RRP is not limited to federally funded rehabilitation. City of Evanston Housing Rehab staff is trained to identify and remediate lead hazards and ensures that lead assessments are completed on properties proposed for CDBG rehab loans prior to loan approval. If lead-based paint is found in the work area that would be disturbed by the proposed rehab work, the cost of lead abatement is included in the rehab loan. For housing units with income-eligible families with children in the household, Cook County Lead Remediation Grant funds are used for lead abatement. Homes occupied by the disabled or solely by the elderly are not assessed. Rehab projects assisted with HOME and NSP2 funds are also evaluated and lead-based paint hazards remediated as required. The City of Evanston’s Health Department is a delegate agency for the Illinois Department of Public Health and enforces its lead act and codes. The City receives lead test information for children residing in Evanston and takes appropriate action. Between March 1, 2010 and February 28, 2011, the lead levels of 1,335 Evanston children were tested. Of the total, 1,326 children had PbB levels from 0-9; 430 had confirmatory tests and required no additional action. Three children tested as having PbB levels between 10 and 14; two were confirmed through additional testing and received nursing and case management services to educate the families about potential sources and lead safe practices. For three cases with a level between 20 and 44, with two of the three confirmed through additional testing, assessment to determine the source of the contamination was performed and follow-up actions taken. Grant funds from the Cook County Lead-Based Paint Hazard Control Grant were used for lead hazard mitigation as required. In addition, Health department staff responded to complaints from residents about demolition and rehab projects to determine if lead was present and to ensure safe practices. Staff also filed affidavits when windows were replaced in buildings constructed before 1978 to ensure proper lead procedures and disposal of contaminated materials. Compliance with program and comprehensive planning requirements The City of Evanston continually seeks to refine its program management policies and procedures. City staff monitored all activities funded by CDBG, HOME and ESG programs to ensure that goals were met and federal funds were spent for contracted activities and eligible expenditures. In addition, Planning Division staff monitored the amount of funding allocated, committed and expended to assure compliance with HUD requirements using the City of Evanston’s financial management software (IRIS) and HUD’s IDIS system. Agencies that receive CDBG and Mental Health funds have a single reporting process for both programs that used common measures and assessments. This reduced the resources required for administrative functions and increased efficiencies among subrecipients and City staff. The City’s Community and Economic Development Director certified that all activities in Evanston’s Continuum of Care application for funding were in compliance with the 2010-2014 Consolidated Plan. An application for Low Income Housing Tax Credits by Brinshore Development, LLC, the City’s development partner for NSP2, was also certified as consistent with the City’s Consolidated Plan. Efforts to reduce the number of persons living below the poverty line City efforts to reduce the number of people living in poverty focused on employment and economic development efforts. Unemployment remains high, particularly among African-American males. The City has certified over 130 individuals as Section 3 workers and 40 Section 3 businesses, primarily in the construction trades, as part of its NSP2 program, with priority given to businesses and workers from the census tracts targeted by the NSP2 program. Rehabilitation work on a housing rehab project funded by HOME employed a Section 3 contractor. In addition, the City’s Local Employment Program Ordinance that requires contractors on City projects of $500,00 or more to hire a specified number of Evanston workers was modified to include projects with budgets of $250,000 or more, leveraging more jobs for unemployed or under employed Evanston residents. The City continued to support and expand minority-, Page 442 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 12 woman- and Evanston-owned businesses using a minimum 25% participation goal for City contracts and purchases. In addition, the City continues to use CDBG and TIF funds, as well as sales tax sharing, to fund business development and expansion to create and retain jobs, as well as bring needed goods and services to underserved parts of Evanston. Leveraging Resources The City of Evanston’s ambitious community development goals and priorities necessitate the coordination of public and private resources. Evanston has a history of successful private/public partnerships and supports and encourages many public and private initiatives to address the needs of low- and moderate-income residents. Evanston uses its CDBG, HOME and ESG funds to leverage funding from a broad range of federal, state, local and private sources. Total program/project funding has been entered in IDIS for CDBG and ESG programs and projects to show leveraging. Other funds leveraged with HOME dollars are entered into IDIS at project completion. McKinney-Vento Homeless Assistance Programs The Evanston Alliance on Homelessness prepares Evanston’s Continuum of Care plan and oversees its implementation. The Continuum’s 2010 renewal projects were funded at $997,341. The Continuum also received $100,160 in new funding for a permanent supportive housing expansion project. Renewal projects are shown in the chart on page 8. Housing Choice (Section 8 Rental Housing) Vouchers Housing Choice Vouchers enabled 581 low-income households to live in Evanston, which has the third highest number of Housing Choice voucher holders among Chicago suburbs. Other Federal Programs Evanston received a $18.15 million Neighborhood Stabilization Program 2 grant award in February 2010. In partnership with Brinshore Development. LLC, the City will acquire and rehab or otherwise mitigate the negative impact of 100 units of foreclosed or abandoned housing in two census tracts, 8092 in west Evanston and 8102 in south Evanston. A New Urbanist Development in census tract 8092, comprising approximately 85 units of affordable and market rate housing to be constructed in two phases, is also funded in part with NSP2. Both census tracts are in the City’s NRSAs, focusing both entitlement and competitive grant resources on areas of greatest need in our community. The City received $800,401 in Homelessness Prevention and Rapid Re-housing funds in 2009 to help stabilize housing for individuals and families impacted by job loss and housing foreclosures. HPRP is being implemented by members of the Evanston Continuum of Care to maximize program efficiencies and devote a greater proportion of HPRP funds to direct assistance in the form of rent and utility payments for eligible households. The City of Evanston allocated $250,000 of Energy Efficiency and Conservation Block Grant funds to a Residential Weatherization program. These funds were managed by the City’s CDBG Housing Rehabilitation program staff. Funds were provided on a grant basis of up to $8,000 per dwelling unit for rehabilitation that maximized energy efficiency based on blower door and infra red tests for energy loss. CDBG eligibility requirements were used to select single- and multi-family housing properties. Funds were targeted to households with incomes between about 50 and 80% of the area median income, which is above the income limits for the federal Weatherization program funded by the American Recovery and Reinvestment Act, which was limited to households at or below 200% of the federal poverty line. A total of 44 units were weatherized as standalone projects or in tandem with other CDBG-funded rehabilitation work. In addition, CEDA administers the Low Income Home Energy Assistance Program (LIHEAP) in Evanston. Page 443 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 13 State of Illinois The City’s Health & Human Services department administered a number of state grant programs including the Illinois Smoke Free Communities grant and the Community on Aging grant. The City also receives grants from the Illinois Department of Transportation for a wide range of projects, and the Illinois Department of Human Services for child care for low-income families and other needs. Cook County Lead Hazard Control Program: Evanston received $80,000 from Cook County’s Lead Poisoning Prevention Program. Funds are used to remediate lead hazards identified in housing units through the program that tests lead levels in children entering School District 65 and is an important supplemental source of funding for the City’s Housing Rehabilitation Program, where it is used for lead remediation in housing units occupied by families with children under the age of six. Local Government The Affordable Housing Fund had a fund balance of $439,700 at the end of the fiscal year and approximately $185,000 was expended for affordable housing programs or services including Families In Transition and Downpayment Assistance. Foreclosure counseling at the Evanston Civic Center by Interfaith Housing Center of the North Suburbs was supported by the Affordable Housing Fund; 39 households were counseled. In addition, funds were used to provide part of the required match for the Continuum of Care’s HMIS. Evanston allocated $885,000 through its Mental Health Board to support needed social services. Funding came from the City’s General Fund, Evanston Township High School and Evanston Township. This maintains the same level of funding for these services from local government as in the 2009/10 fiscal year, critical in a year when State of Illinois funding declined dramatically. In addition, the City of Evanston allocated approximately $20 million for a wide range of capital improvements throughout Evanston. The City of Evanston used Tax Increment Financing (TIF) funds to purchase two properties in the Howard Street commercial corridor that are in the City’s south Neighborhood Revitalization Strategy Area and a census tract targeted by the Neighborhood Stabilization Program 2. Both buildings were in disrepair and had empty storefronts or tenants that did not contribute to the revitalization of Howard Street as a shopping district that serves residents of south Evanston. Disposition of these properties is being planned. Evanston Township provides General Assistance for qualifying residents, an important resource for low- income Evanston residents. General Assistance funds served approximately 80 people and supported a broad range of needs including rent, medical expenses, emergency services, and the Access To Care program for physician services. Private Resources Community housing development corporations (Housing Opportunities Development Corporation, Reba Place Development Corporation, Evanston Housing Coalition and Citizens’ Lighthouse Community Land Trust, Evanston Community Development Association), private banks (including First Bank & Trust of Evanston, Harris Bank, National City Bank, Edens Bank and North Shore Trust and Savings) developers, investors and businesses contribute substantial private resources to expand affordable housing in Evanston. Evanston’s HOME and ESG funds are matched by other public and private funding. ESG and HOME funds have a 100% and 25% cumulative match requirement, respectively, both of which have been met or exceeded. Details of matching funds are provided in the Housing and the Homeless sections of the narrative, as well as in IDIS reports. Public Participation and Citizen Comments The public comment period for the 2010/11 CAPER opens May 9 and closes May 23 at 5pm CDT. The Housing & Community Development Act Committee will hold a public meeting to solicit citizen input on the 2010/11 CAPER on May 17, 2011 and to seek input on community needs for the 2012 planning year. Page 444 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 14 was also be sought at that meeting. Notice of the public meeting and the 15-day public comment period, was published in the Evanston Review on April 28 and May 5, 2011. Notice was also e-mailed to a list of over 75 individuals and organizations that have indicated an interest in CDBG, HOME and ESG programs on May 9, 2011. Information on the public comment period with a link to the draft CAPER will be posted on the City’s homepage throughout the public comment period. Notice of the opportunity to provide input/comment on the CAPER at the May 17 Housing & Community Development Act Committee meeting will be distributed two weeks in advance, following the City policy on notices for public meetings. The agenda will be posted on the City’s website in the City calendar section and on the CDBG web page, as well as on information boards in the Lorraine H. Morton Civic Center. Copies of the draft of the CAPER are available for review in the Planning division office at the Lorraine H. Morton Civic Center and posted on the City’s website beginning May 9, 2011, fulfilling the requirements of identifying the funds available, committed and expended by the Evanston’s three formula grant programs, as well as the geographic distribution of use of funds. Citizen Input on the CAPER Will be summarized here following the close of public comment period on May 23, 2011 at 5pm CDT. Self Evaluation One CDBG grant was cancelled in 2010/11because the non-profit lacked the capacity to carry out activities as proposed and to comply with all requirements. This organization was awarded less than 15% of their program request and was unable to secure other funding to support the program as proposed. Staff spent considerable time administering the 20 CDBG-funded public service programs in 2010-11. Grants of $5,000 or less were used to fund eight public service programs, half received $2,000 or less. For each program, no matter its size or the amount of CDBG funds allocated, staff was required to prepare a substantial amount of documentation, including grant agreements and environmental review documentation, review and analyze agency source documentation and reporting forms, and frequently provided support to agencies as they completed their reports to meet the federal and local requirements. More staff time was also spent providing support to new programs, which typically receive small amounts of CDBG funds as their only source of funding. To limit the total amount of staff time spent administering public service grants, staff is going to recommend to the Housing and Community Development Act Committee for program year 2012 the implementation of a funding limit for the amount of CDBG funds that can be allocated to public service programs. This measure would afford staff more time to develop new and existing programs to meet changing needs and priorities. The City was successful in completing multi-family rehab projects through the CDBG Housing Rehab program by using grants from the City’s Energy Efficiency and Conservation Block Grant rather than amortized loans from the revolving loan fund. Staff plans to assess the multi-family rehab program’s ability to address needs to maintain and improve the quality of the City’s stock of affordable rental housing and consider if the current loan terms offered are a barrier to achieving this objective. City staff, including the Housing Planner who joined the City in September 2010, continue to evaluate and refine internal process and procedures relating to the HOME program. The Housing Planner has created a new HOME application in Excel that enables rigorous underwriting, as well as an improved ability to communicate vital project information and compliance monitoring. Staff continued to work with the Evanston Community Foundation, United Way and other funders to assess needs and develop collaborations to help deal with issues including increased demand for services and reduced resources from the State of Illinois and other sources. In addition, City staff provided support and resources to Evanston agencies by forwarding grant opportunities for which they may be eligible. Monitoring The City of Evanston’s CDBG and HOME programs were monitored in 2010/11 and CDBG, HOME and ESG are included in the City’s federal single audit. The City revised program processes and procedures Page 445 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 15 as a result of the monitoring, including written agreements, forms and process for income certification and methods for tracking time and activity of City staff whose time is billed to federal grants. CDBG Monitoring Procedures A risk analysis was conducted for CDBG subrecipient programs and projects at the start of the fiscal year, using factors including the type of project, the subrecipient’s previous experience with federal grants and performance on prior grants. The results were used to identify agencies with the greatest need for technical assistance and to prioritize higher risk activities for monitoring. Staff provided technical assistance, made site visits and conducted desk monitoring on all CDBG-funded activities, reviewing financial and record keeping procedures, methods for determining income eligibility for programs and services, and project/program outcomes. Program Reports: Reports are submitted quarterly, semi-annually or annually for CDBG-funded programs, depending on their activity schedule and funding. Reports include the number and demographics (income, gender, race/ethnicity, etc.) of beneficiaries, progress toward achieving program goals and financials. Reports were reviewed by the Grants Administrator to ensure that expenditures charged to the CDBG grant are eligible and to monitor the progress of the agency or City department toward achieving its goals. Davis-Bacon Compliance: A Project Manager was identified for each CDBG-funded construction project; that individual had primary responsibility for ensuring that procedures were followed and appropriate records were kept. Project Managers also reviewed certified timesheets to monitor compliance with prevailing wage rates. The Grants Administrator attended pre-construction meetings on City projects and provided technical support to City staff and subrecipients regarding Davis-Bacon compliance. CDBG grant payments to subrecipients were disbursed from the City’s General Fund. CDBG funds were then drawn down in IDIS, usually every other week following approval by City Council of the Bills List, which includes expenditures of CDBG, HOME, ESG, HPRP and NSP2 funds. Funds received from the U.S. Treasury were deposited in the City’s general fund account. Documenting income is one of the topics covered in the orientation meeting and supporting materials provided to subrecipients. Staff also reviews the methods being used to determine income eligibility on a project-by-project basis and recommends ways to improve income documentation and more accurately reflect very low, low and moderate income levels. Most public services funded by CDBG are qualified based serving a limited clientele of low- and moderate-income individuals. Because of tremendous range of incomes in the community, few activities use presumed eligibility even if they serve groups of people who are generally presumed by HUD to income eligible. For example, Evanston/Skokie Valley Senior Services collects income information on its clients unless they reside in subsidized senior housing. As a major service they provide is to assist seniors in accessing benefits for which they are eligible, documentation is readily available. Child Care facilities are also qualified by documenting they serve at least 51% low- and moderate-income persons, which is determined by eligibility for State child care subsidies. Programs that serve older elementary through high school age youth provide greater challenges for income documentation, as many of the youth sign up for and attend without the involvement of a parent or guardian. Eligibility for free or reduced cost lunch is used to document eligibility in some cases. HOME Monitoring Procedures HOME funded projects are monitored by the City’s Housing Planner to ensure that funds are being used for eligible expenses and that other contractual agreements are being met. In addition to any building inspections required during construction or rehab, inspections are conducted at the completion of each project, as well as on a 1, 2, or 3 year inspection schedule as required based on the project’s affordability period. Inspections are conducted in tandem with the City’s inspectors to ensure property and code compliance as well as to ensure that HOME eligible units are occupied by low/moderate income families, per HOME program regulations. Of the eight rental buildings with HOME affordability requirements, two properties were scheduled for compliance inspections. Page 446 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 16 Due to staff turnover, annual tenant income and rent roll statements were not reviewed in August 2010 for all HOME-assisted rental developments with affordability requirements in place, but this schedule will be reinstated in August 2011 and in future years. The statements are reviewed to determine compliance with the income and rent limits of HOME assisted units. Owners must document household income and size from tenants using signed statements that include a clause allowing the request of third party source documentation of income. Source documents must be provided every six years for projects with affordability periods of 10 or more years. Of the eight rental buildings in the compliance period, five projects are subject to this requirement and staff is in the process of obtaining source documents. Projects in development are monitored by the Housing Planner for development budget changes, payment requests, marketing and compliance with other project terms. Construction progress is monitored in conjunction with the City’s Housing Rehab Specialist. Payouts are approved by the Community and Economic Development Department Assistant Director. Rehab work was completed and inspected on three projects; the Hill Arboretum Apartment rehab was also was monitored for compliance with Davis-Bacon wage requirements. Properties purchased with downpayment assistance were inspected prior to sale for compliance with property standards; any violations identified must be completed within six months of sale and the property reinspected. ESG Monitoring Procedures ESG subrecipients submitted monthly reports that were reviewed by City staff and the Human Services Committee for accuracy and compliance with federal requirements. The Community Intervention Coordinator also conducted periodic site visits to ESG-funded programs. ESG subrecipients are paid on a reimbursement basis following submission of documentation of eligible expenditures. Payments are made from the City’s General Fund and then drawn down in IDIS. NEPA Compliance Activities were reviewed for compliance with the National Environmental Protection Act (NEPA) and were determined to be either exempt or categorically excluded; none required a full environmental review. Alley paving and curb/sidewalk replacement projects were reviewed for environmental compliance when specific locations were determined. Housing and rehab activities were evaluated for environmental review as specific project sites were identified. IV. Program Narratives COMMUNITY DEVELOPMENT BLOCK GRANT Assessment of Relationship of CDBG Funds to Goals and Objectives Most FY 2010/11 CDBG funds provided to Evanston were obligated to programs and activities that address the City’s priority community development objectives as identified in the 2010-2014 Consolidated Plan; City’s 2010 CDBG entitlement grant was $139,614 larger than estimated in the preparation of the 2010/11 Action Plan and these funds have not yet been allocated to activities. Evanston significantly exceeded the requirement of expending a minimum of 70% of CDBG funds to benefit low- and moderate- income persons. In the 2010/11 program year, CDBG funds in the amount of $2,163,687 were expended for activities benefiting primarily low- and moderate-income persons. Evanston has exceeded many of the overall goals outlined in the Consolidated Plan, as well as in the NRSAs Plan. The Consolidated Plan categorized community development objectives as low, medium, or high priority. Housing continued to be a high priority and CDBG funds were used for substantial and minor rehab programs, as well as for the Targeted Code Enforcement program that is critical to maintaining the quality and safety of rental housing. In the 2005-09 Consolidated Plan many public services, including, senior, handicapped, youth, transportation, and child care services were medium priorities. However, in the 2010-14 Consolidated Plan these medium priority services, along with legal, battered and abused spouses, and employment training services and rental housing subsidies and security deposits, were classified as high priorities Page 447 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 17 because they are essential to address the growing needs of many low- and moderate-income residents as a result of the lack of jobs. Nineteen public services programs provided by non-profit agencies and City departments received funding in 2010/11 to address these high priority needs. Public Facilities and Improvements continue to be high priorities. In 2010/11 Evanston used CDBG funds for improvements to a neighborhood school and several child and community centers, as well as to upgrade its infrastructure, including sidewalk, curb, and alley improvements in the CDBG Target Area. Additional funds were allocated for park and ADA improvements. The City continued to use CDBG funds to address Economic Development goals, newly established as a high priority in the 2010-14 Consolidated Plan because of the impact of the economic downturn and continuing lack of jobs. Two Façade Improvement projects were completed in the West NRSA. Evanston continued to use CDBG funds to provide technical assistance to micro enterprises through subrecipient agreements with two non-profits, Evanston Community Development Corporation and the Technology Innovation Center. Summary of CDBG Funds Expended in 2010/11 CDBG funds were used to address priority needs identified in the Consolidated Plan. The following chart shows CDBG expenditures by funding category. Funding Category Amount Expended % of Total Public Services $285,626.08 13.26% Housing $549,346.04 25.51% Code Enforcement $439,672.57 20.41% Public Improvements $376,513.96 17.48% Economic Development $103,274.70 4.80% Disposition ($314.49) -0.01% CDBG Administration $399,568.21 18.55% TOTAL $2,153,687.07 100.00% Individual activities awarded 2010/11 CDBG funds and/or implemented in the 2010/11 program year with CDBG funds from prior years are shown below. ORGANIZATION / AGENCY PROGRAM 2010/11 AWARD EXPENDED IN 2010/11 Connections for the Homeless Entry Point $4,000 $4,000.00 Moran Center for Youth Advocacy Legal and social work services $39,000 $39,000.00 Evanston Youth Initiative Evanston Youth Initiative $0 $1,190.08 Girl Scouts of Chicago & NW Ind. Fit To Be Me $8,000 $8,000.00 Interfaith Action of Evanston Job Counselor for the Homeless $2,000 $2,000.00 Interfaith Housing Center Homesharing Program $14,000 $14,000.00 Legal Assistance Foundation of Chicago Evanston Legal Services $9,000 $9,000.00 Meals At Home Food Delivery for Seniors $9,000 $9,000.00 Music Institute of Chicago Taking Music To Seniors $2,000 $2,000.00 North Shore Senior Center Evanston/SV Senior Services $22,500 $22,500.00 Evanston Coalition for Latino Resources Resource Workshops $1,500 $0.00 Open Studio Project Art & Action For At Risk Youth $3,000 $3,000.00 Divine Wisdom Institute for Learning Next Generation Leadership $700 $700.00 Shorefront Legacy Center Programming $15,000 $15,000.00 Youth Job Center Of Evanston Employment Initiative $39,697 $39,697.00 YWCA-Evanston/Northshore Domestic Violence Services $34,000 $34,000.00 City of Evanston Adopt A Fancy Can $4,000 $539.00 Page 448 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 18 City of Evanston Graffiti Removal $35,000 $35,000.00 City of Evanston Local Employment Program $5,000 $5,000.00 City of Evanston Summer Youth Employment $42,000 $42,000.00 City of Evanston Neighborhood Initiatives Fund $8,000 $0.00 Public Services Total $297,397 $285,626.08 City-CD Loan Single- & Multi-Family Rehab $163,224.35 City of Evanston Multi-Family Security Program $0 $1,449.09 CEDA/Neighbors at Work Minor Repairs/Painting Assistance $100,000 $121,400.67 City of Evanston Housing Rehab Administration $325,000 $248,942.21 City of Evanston Handyman program $12,000 $14,329.72 Housing Total $437,000 $549,346.04 City of Evanston CDBG Target Area Code Enforce $425,000 $425,000.00 City of Evanston CDBG Housing Code Enforcement $0 $14,672.57 Code Enforcement Total $425,000 $439,672.57 Reba Early Learning Center Parapet Repair $14,000 $21,000.00 City of Evanston Alley Paving Program $75,000 $67,578.00 City of Evanston Block Curb/Sidewalk Program $45,833 $46,174.03 City of Evanston ADA Ramp Program $45,833 $45,833.00 City of Evanston SNAP-Lighting for Safety $24,000 $10,948.60 City of Evanston Alley Special Assessment Assist $50,000 $62,190.33 City of Evanston Brummel-Richmond Tot Lot $50,000 $0.00 City of Evanston Fleetwood-Jourdain Roof Replace $0 $50,000.00 Oakton School Beautification Project $5,000 $5,000.00 Weissbourd-Holmes Family Focus Ctr Building Improvements $40,000 $39,890.00 YWCA Evanston-North Shore Access Ramp $15,000 $13,900.00 McGaw YMCA Residence air conditioning $0 $14,000.00 McGaw YMCA Residence Door Project $25,000 $0.00 Public Improvements Total $389,666 $376,513.96 City of Evanston Neighborhood Facade Improve $40,000 $33,274.70 Ev Community Develop. Corp. Micro Enterprise Assistance $50,000 $50,000.00 Technology Innovation Center Business Ownership Initiative $20,000 $20,000.00 Economic Development Total $110,000 $103,274.70 City of Evanston 1817 Church Street property $0 ($314.49) Disposition $0 ($314.49) City of Evanston CDBG Administration $351,113 $359,568.21 City of Evanston Minority/Women/Ev Business $40,000 $40,000.00 Administration/Planning Total $391,113 $399,568.21 Grand Total: $2,050,176 $2,153,687.07 Public Services CDBG funds were used to address a broad range of needs identified in the Consolidated Plan. The City is on target to meet or exceed its goals for the number of individuals served in 2010-14. Activities implemented in 2010/11 are described below. Twenty public service programs were awarded funds for Page 449 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 19 programs implemented in 2010/11. One program that was awarded funds was not implemented during the program year. Goals and accomplishments by activity may be found in Table 3A. Youth services, identified as a high priority in the Consolidated Plan, were provided through the following programs funded by CDBG to address the needs of low- and moderate-income youth: • The Evanston Community Defenders Office, renamed the Moran Center for Youth Advocacy in honor of its founder, provided legal assistance and social services support in criminal matters to 189 residents age 21 and younger from low-income Evanston families. • The Girl Scouts of Greater Chicagoland and Northwest Indiana expanded Fit To Be Me! and helped 396 elementary and middle school age girls establish healthier eating and exercise habits, and develop self esteem, relationship-building and other life skills. • The Open Studio Project used art therapy, journalism and other creative methods to enable 25 youth to channel strong emotions of anger and frustration to positive, creative outlets in Art & Action. • The Youth Job Center of Evanston provided job readiness training, job placement and follow up services to 615 youth between the ages for 14-25. • The City’s Summer Youth Employment program employed 140 high school-aged youth during the summer of 2010; SYEP also provided employment readiness training to younger teens through job shadowing, computer classes, leadership training and classes in financial literacy. • The Divine Wisdom Institute for Learning trained 5 low-income youth through its Next Generation Leadership program. Senior Services were identified as another high priority in the Consolidated Plan. In 2010/11, the following programs receiving CDBG funds to address the needs of seniors: • Evanston Skokie Valley Senior Services, part of the North Shore Senior Center, provided case management services to 1,822 low-income Evanston seniors, assessing needs and helping them access benefits. • The Music Institute of Chicago performed concerts at skilled care facilities, senior residences and day treatment program centers, reaching 153 low-income Evanston seniors with limited mobility. • Meals at Home delivered meals to 117 low-income Evanston homebound seniors and disabled residents, including many with special dietary needs, enabling them to remain in their homes. Two social services agencies and a City-administered program received CDBG funds to assist the unemployed, homeless individuals and ex-offenders: • Connections for the Homeless served 292 homeless adults through Entry Point, its outreach program. CDBG funds were used to provide transportation passes for transit to jobs. • Interfaith Action provided job counseling to 62 individuals who were residents of Hilda’s Place or clients of Entry Point, both of which are programs offered by Connections for the Homeless. • The City of Evanston placed 124 Evanston residents in jobs on City contracted projects through the Local Employment Program to meet the goals of the City’s Local Employment Ordinance and HUD Section 3. Other public services funded by CDBG in 2010/11: • Interfaith Housing of the North Suburbs Homesharing Program matched 18 individuals seeking affordable housing with homeowners who had an additional room to rent, helping 36 persons in all. • The Evanston office of the Legal Assistance Foundation of Metropolitan Chicago provided legal services in civil matters to 428 Evanston residents, primarily low- and moderate-income seniors. • Residents of the CDBG Target Area helped control litter in their neighborhoods through the Adopt a Fancy Can program. Five cans were adopted by new participants in 2010/11. The total number of cans in service is 46. • The City’s Graffiti Program removed over 5,300 graffiti tags from public property (traffic signs, streetlights, etc.) in the CDBG Target Area to eliminate blighting elements and maintain neighborhoods. • The YWCA Evanston/Northshore provided housing, counseling, case management, legal advocacy and other services to 651 Evanston adults and children who were victims of domestic abuse. Housing Page 450 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 20 CDBG funds a number of programs to make decent housing available and affordable to low- and moderate-income families, and to help low- and moderate-income residents maintain their property. In 2010/11, CDBG funds supported the City’s Housing Rehab Administration program, which administers the Weatherization Program, the Single- and Multi-Family Rehab programs, as well as the Self-Help Paint Program. Low- or no-interest loans for Single- and Multi-Family Rehab projects are funded through the City’s Revolving Loan fund and enable low- and moderate-income households to improve their properties to address code violations and other needs, including emergency roof and furnace replacement, demolition of dilapidated garages and removal of dangerous/diseased trees. In 2010/11, the Housing Rehab Division managed: • The Weatherization Program, which funded energy efficiency improvements, such as new insulation, sealing holes and cracks in walls, ductwork and around windows and doors, fine tuning and replacing furnaces and air-conditioning systems, and replacing windows, improving 44 single- and multi-family housing units occupied by income-eligible households with grants of up to $8,000 per unit from the City’s Energy Efficiency and Conservation Block Grant. The Housing Rehab Administration Program funded the program delivery costs for these Weatherization Program projects. • Nineteen exterior painting projects through the Self-Help Painting Program, providing grants of up to $400 to income-eligible home owners for paint and supplies for exterior renovation. • The rehab of three owner-occupied single family homes with loans from the Revolving Loan fund for households earning up to 80% of median income to eliminate code violations, make accessibility improvements for seniors and the disabled, improve building components including porches, heating, electrical and plumbing systems, and eliminate structural and lead based paint hazards. CDBG funds also supported minor repair programs for seniors, specialized rehab for persons with disabling conditions and rehab to improve security and safety: • CEDA/Neighbors at Work administered its Minor Repair/Painting Assistance program, a grant program that complements the City’s rehab programs by addressing smaller scale projects for homeowners who may not qualify for a rehab loan. Priority is given to elderly and disabled homeowners, and property owners cited by the City’s Property Standards division. CEDA completed repair projects at 12 homes, and painted the interiors and exteriors of 7 and 10 homes, respectively. • The City’s Handyman Program made 135 small but important repairs to homes owned by low-income seniors, including repairs to doors, windows and locks, plumbing improvements to conserve water, installation of railings and ramps for accessibility and safety, etc. • The City-administered Neighborhood Security Program, that assists residential property owners with a 50% rebate up to $2,000 to make effective security improvements to their buildings, funded lighting improvements and new locks for a multi-family building in the CDBG Target Area. Targeted Code Enforcement The City’s Targeted Housing Code Compliance program inspected over 2,400 dwelling units in the CDBG Target Area through routine inspections, investigated 1,350 complaints and conducted 5,500 re- inspections to ensure that rental housing in the CDBG Target Area is decent and safe. CDBG funds were used to address issues with vacant properties in the CDBG Target Area identified by Property Inspectors. Work included boarding unsecured premises, removing trash, cutting weeds and grass as needed. Liens are placed on the properties for these expenses and property owners must repay them. Repayments are reported as program income. Public Improvements Improvement to parks, recreation facilities and child care centers were identified as a high priority in the Consolidated Plan. In 2010/11 $50,000 was allocated for accessibility and other improvements to the Brummel-Richmond Tot Lot, although work has yet to commence. Pending the outcome of an income survey of neighboring residents, work will begin in the summer of 2011 on this project. The following CDBG projects were completed or underway in 2010/11: • Reba Early Learning Center was allocated $7,000 in CDBG funds in 2009-10 to repair the building parapet. However, since the repair costs were determined to be significantly higher than preliminary estimates, the Committee allocated an additional $14,000 for the project in 2010/11, which enabled Reba to rebuild and reinforce the parapet to meet code requirements in August of 2010. Page 451 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 21 • Oakton School Gardens Beautification Program undertaken by the Oakton Elementary School PTA’s Grounds and Garden Committee, planted perennial gardens around two Oakton School signs on Ridge Avenue, installed an edible garden, and a garden shed for storing tools and supplies with $5,000 in CDBG funds allocated in 2010/11. Support for neighborhood facilities is identified as a medium priority in the Consolidated Plan. In 2010/11, CDBG funds were used for the following projects: • McGaw YMCA completed its project to air condition a portion of its Mens Residence Facility with funds allocated in 2009/10. The YMCA also received $25,000 in 2010/11 funding to expand the number of accessible rooms at its Mens Residence facility by widening seven doorways on residence rooms to meet ADA requirements. The project is expected to commence in summer 2011. • Family Focus completed improvements to its Weissbourd-Holmes facility in February 2011 using its 2010/11 $40,000 allocation of CDBG funds. Work included improvements to the hot water system and installation of a new boiler room door, 12 fire doors, fire alarm pull covers, 30 emergency exit signs, and thermostats. • YWCA Evanston/North Shore replaced its mechanical lift with an ADA accessible ramp at its facility. Due to weather conditions, painting of the new ramp will be completed in spring 2011. Infrastructure Infrastructure improvements, including sidewalk and streetlight improvements, were identified as high priorities in the Consolidated Plan. The City has committed Capital Improvement funds in addition to CDBG funds for projects in the CDBG Target Area and throughout the City. In 2010/11, CDBG funds were used to: • Pave an alley in census block 8092.04 in the CDBG Target Area on a block that backs up to Beck Park to correct drainage problems, improve access for garbage collection and other City services and reduce long-term maintenance costs. • Replace broken sidewalk and curbing on Grey Avenue (between Emerson and Foster), Fowler Avenue (between Lee and Nathaniel), Hartrey Avenue (between Warren and Keeney), and Brummel Street (between Ridge and the alley east of Ridge) in the CDBG Target Area. • Construct 20 ADA-compliant curb ramps as part of the Sidewalk Improvement Program in several neighborhoods with primarily low- and moderate-income residents to make them accessible to people with disabilities. The improvements coincided with the locations listed above where other sidewalks were made, as well as at the intersection of Central Street and Hastings Avenue • Pay the special assessments for alley paving of seven income-qualified home owners, relieving the financial burden of infrastructure improvements to these low- and moderate-income households. Economic Development Façade improvements on two commercial projects on Dempster Street in west Evanston funded by the 50/50 cost sharing Neighborhood Façade Improvement Program were completed. One of those projects was substantially complete in 2009/10, with final billing and project close out completed in 2010/11. CDBG funds supported programs that provide technical assistance to micro enterprises and entrepreneurs: • Evanston Community Development Corporation staff and Business Mentor Program provided a range of consulting services to businesses in the West NRSA. ECDC helped entrepreneurs test products and develop their client bases at the West Evanston Market, which also brought fresh locally grown produce to low-income neighborhoods in west Evanston. • The Technology Innovation Center (TIC) provided business and financial planning services to Evanston businesses and persons seeking to open businesses here. 19 Evanston clients received services from TIC in 2010/11. Other A portion of CDBG funds used to pay utility costs at 1817 Church Street were refunded to this activity in IDIS due to a rebate from utility companies. Other costs, including overhead protection to ensure safety of pedestrians because of a concern about potential loose roofing tiles was also funded with local resources. Page 452 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 22 The City reopened the RFP for the redevelopment of the property in February 2010 with a due date of March 16, 2010. No responsive proposals were submitted. The City issued a press release requesting input from the community on the property and had a walk-through for any interested parties with an opportunity for members of the community to provide input in writing or at the April 26, 2011 Housing & Community Development Act Committee. A group of Evanston businesses in the building trades, most of which are micro-enterprises that qualify as Section 3 businesses, proposed undertaking the rehabilitation and expansion of the building as a business incubator for small companies in the building trades that would include shared administrative services and a display showroom. The group was invited to present a full proposal at the May 17 Housing & Community Development Act Committee. Two City administrative and planning activities received CDBG funding: • CDBG Administration for overall grant management and administration. • Minority/Women/Evanston Business Program (M/W/EBE) to increase minority, women-owned and Evanston business participation in City and private construction projects, as well as in City purchasing. Changes in Program Objectives, Pursuit of Resources and Certification of Consistency with the Consolidated Plan There were no changes in Evanston’s program objectives in 2010/11 from the objectives set forth in the City’s 2010-2014 Consolidated Plan and 2010/11 One Year Action Plan. The City pursued all resources it indicated it would in its 2010-2014 Consolidated Plan and did not hinder implementation of that Plan by action or willful inaction. The City of Evanston received a request for certification of consistency with its Consolidated Plan from the Evanston Continuum of Care; the request was approved. Funds Not Used for National Objectives No CDBG funds were used that did not meet one or more national objective of the CDBG program. Anti-displacement and Relocation The Director of Housing Rehab and Property Standards reviews all demolition activities for displacement and Section 104(d) compliance. No displacement of households, businesses, farms or non-profit organizations resulted from CDBG-assisted projects in 2010/11. Low/Mod Job Activities and Low/Mod Limited Clientele Activities CDBG-funded economic development activities undertaken in 2010/11 were not qualified using job creation or retention. The businesses and entrepreneurs receiving technical assistance from Evanston Community Development Corporation and the Technology Innovation Center are qualified for CDBG funding as a direct benefit to LMI persons, as the business owners’ incomes are at or below 80% AMI or because the business assisted provides needed goods or services to a primarily LMI residential neighborhood. Program Income Received 2010/11 program income for CDBG totaled $145,855.42. It consisted of $11,706 in payments on amortized loans or loan payoffs funded from the Revolving Loan Fund. In addition, $37,787.28 in re- payments for the cost of board-ups and other property-related expenses were received from property owners and entered as program income in IDIS. Prior Period Adjustments There were no prior period adjustments in 2010/11. Loans and Other Receivables Revolving Loan Fund Loans made from the Revolving Loan Fund are managed by the Housing Rehab program staff and the City’s Finance division. All loans are entered into Loan Ledger and tracked carefully to ensure timely payments. When payments are not received by the due date, reminders are sent out at regular intervals (30, 60, 90 days). Late payments, generally ranging from 15 to 60 days, have increased from prior years Page 453 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 23 and several loans are in danger of default. The City monitors information on Evanston properties in foreclosure using the Illinois Foreclosure Listing Service to identify if any title transfer loans, the bulk of the loan portfolio, are at risk based on defaults on primary mortgages. The number and type of loans (amortized or title transfer) and the outstanding balances are shown in the chart below (allowance for doubtful account is not included). Loan Type # FY2009/10 Yrend balance Loans Closed Current Expense Admin Adj Interest & Payments in 2010/11 Ending Balance Amortized loans 19 $ 425,493 $ 49,869 $(50,251) $425,111 Title transfer loans 71 $1,320,785 $ 79,970 $(37,916) $1,362,839 Unprocessed 15 $ 242,510 $(129,839) $ 126,142 $ 2,308 $ 241,121 Total: 105 $1,910,788 $ - $ 126,142 $ 2,308 $(88,167) $1,951,071 No activities were undertaken with float funding. Properties Acquired with CDBG Funds No properties were acquired with CDBG funds in 2010/11. Lump Sum Agreements No lump sum agreements were made in 2010/11. Neighborhood Revitalization Strategies The following chart details outcomes for 2010/11 in the City’s two Neighborhood Revitalization Strategy Areas. A narrative description of each activity may be found beginning on page 18. Outcomes are for the first year of the five-year NRSAs Plan. Goals are stated as either annual or for the five-year duration of the Plan. Four Plan goals that have no year one outcomes, including completions or programs/projects underway, were excluded from the chart: • Provide technical assistance to stabilize three condominium associations (SOUTH NRSA) • Locate two businesses in newly vacant or recently developed space (SOUTH NRSA) • Create five jobs (WEST NRSA) • Support job training/social enterprises that provide transitional employment for 10 persons annually (WEST NRSA) Measurable outcomes are expected for each of these goals over the remaining years of the Plan. HOME Assessment of Relationship of HOME Funds to Goals and Objectives The City of Evanston was successful in using HOME funds to meet the high priority goal of increasing or maintaining our affordable rental housing stock in 2010/11. Of the seven activities approved and/or undertaken in 2010/11, four were for rental housing, including one new project approved and the completion of several others. Page 454 of 469 2010/11 Activities in the Neighborhood Revitilization Strategy Areas WEST NRSA Organization Name Program/Project Name Category Source of Funds Goals (One- and Five-Year) Outcomes/Completions (Year one) City of Evanston Single-family Housing Rehab Rehabilitation Revolving Loan Undefined in NRSA plan 1 project completed, 1 approved, 2 pending approval; Adminstered 6 Weatherization projects City of Evanston Multi-family Housing Rehab Rehabilitation Revolving Loan Undefined in NRSA plan 4 units (2 projects) under construction; Adminstered 5 Weatherization projects (16 units) City of Evanston Target Area Housing Code Compliance Code Compliance CDBG Provide enhanced code enforcement for 475 rental units (one-year goal) City of Evanston ADA Accessible Ramp Program Public Facilities and Improvements CDBG Undefined in NRSA plan 12 ramps City of Evanston Block, Curb and Sidewalk Program Public Facilities and Improvements CDBG Undefined in NRSA plan 2 blocks (Fowler Ave. between Lee and Nethaniel, Hartrey Ave. between Warren and Keeney) City of Evanston Graffiti Removal Program Public Services CDBG Undefined in NRSA plan City of Evanston Weatherization Program Rehabilitation CDBG/Energy Efficiency and Conservation Block Grant Program Weatherize 15 housing units (five-year goal) 22 units City of Evanston Self Help Paint Program Rehabilitation Revolving Loan Undefined in NRSA plan 12 units City of Evanston Neighborhood Façade Improvement Program Rehabilitation CDBG Support improvements to 3 retail facades (five-year goal) 2 projects City of Evanston SNAP Lighting for Safety Public Facilities and Improvements CDBG Improve lighting in 4 SNAP areas (five-year goal) 1 block (1900 Jackson) City of Evanston Alley Paving Public Facilities and Improvements CDBG Undefined in NRSA plan 1 alley paved (block group 8092.04) Weissbourd-Holmes Family Focus Facility Improvements Public Facilities and Improvements CDBG Undefined in NRSA plan 1 facility City of Evanston Neighborhood Stabilization Program 2 Rehabilitation NSP2 Return 10 real-estate-owned units back to productive use (five-year goal) 0 completions; projects under construction City of Evanston Neighborhood Stabilization Program 2 Rehabilitation NSP2 Development 7 housing units for large, 5+ member families (five-year goal) 0 completions, projects under construction Evanston Community Development Corporation West End Market Economic Development CDBG 18 businesses assisted SOUTH NRSA Organization Name Program/Project Name Category Source of Funds Goals (One- and Five-Year) Outcomes/Completions (Year one) City of Evanston Multi-family Housing Rehab Rehabilitation Revolving Loan Undefined in NRSA plan Adminstered 2 Weatherization projects (12 units) City of Evanston Target Area Housing Code Compliance Code Compliance CDBG Provide enhanced code enforcement for 450 rental units (one-year goal) City of Evanston ADA Accessible Ramp Program Public Facilities and Improvements CDBG Undefined in NRSA plan 4 ramps City of Evanston Block, Curb and Sidewalk Program Public Facilities and Improvements CDBG Undefined in NRSA plan 1 block (Brummel St. between Ridge and Alley East of Ridge) City of Evanston Graffiti Removal Program Public Facilities and Improvements CDBG Undefined in NRSA plan City of Evanston Weatherization Program Rehabilitation Energy Efficiency and Conservation Block Grant Program Weatherize 15 housing units (five-year goal) 12 units City of Evanston Self Help Paint Program Rehabilitation Revolving Loan Undefined in NRSA plan 2 units Oakton School PTA Beautification Committee School Grounds Beautification Project Phase 1 Public Facilities and Improvements CDBG Undefined in NRSA plan 1 facility City of Evanston Neighborhood Stabilization Program 2 Rehabilitation NSP2 Return 7 real-estate-owned units back to productive use (five-year goal) 0 completions; projects under construction Page 455 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 24 HOME Projects in Fiscal Year 2010/11 # Developer CHDO? Status Project Address Funding Home Units Ownership Or Rental 1 Housing Opportunity Development Corporation Yes Approved. Planning stage 131 Callan Ave. $290,000 for rehabilitation 4 Rental 2 Reba Place Development Corp. Yes Complete 602 Mulford Ave $721,800 disbursed for development costs and downpayment assistance 7 out of 12 Ownership 3 ECDA Yes Complete 736-38 Dobson Ave $556,465 disbursed for development costs and downpayment assistance 6 Ownership 4 Housing Opportunity Development Corporation Yes Complete 1929 Jackson Ave $226,128 disbursed for rehab and refinance 2 Rental 5 SHORE Community Services (CILA) No Complete 727 Brown Ave $27,000 for rehabilitation 2 Rental 6 Over the Rainbow No Complete 2040 Brown Ave $366,254 for rehabilitation 33 Rental 7 City of Evanston Downpayment Assistance Program No 9 HOME grants provided of 16 total Evanston $213,000 for downpayment assistance 9 Ownership 7 Activities 4 CHDOs 1. Housing Opportunity Development Corporation (HODC) received approval by City Council on January 24, 2011for the rehabilitation of a 4-unit rental property. Staff is currently exploring the option of refinancing the existing private first mortgage to ensure project viability throughout the 15-year affordability period. 2. Reba Place Development Corporation (RPDC) continued to market its 12-unit condominium conversion at 602 Mulford. All seven HOME-assisted units are now sold and occupied by households at or below 80% AMI. Reba Place continues to work with a realtor to sell the remaining three units. 3. Evanston Community Development Association (ECDA) sold the remaining HOME units in its six-unit condominium conversion at 736-738 Dobson. ECDA faced the same challenges as RPDC did with its Mulford condominiums, and had a purchase contract fall through. The City provided additional HOME funds to defray part of the construction loan interest payments and assisted with marketing efforts in conjunction with other assisted ownership projects. 4. HODC completed the rehab on a two-unit rental property at 1929 Jackson that began in 2009. The property received its occupancy permit in June 2010 and both units have been leased to income- eligible households. 5. SHORE Community Services received City Council approval on Feb. 8, 2010 for HOME funds to rehab the kitchen, replace the roof and add new gutters on its Community Integrated Living Page 456 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 25 Association (CILA). The building houses two adult men with autism and allows for both men to live fully integrated within the larger community. Rehab was completed in August 2010. 6. Over the Rainbow (OTR) was awarded HOME funds for 2040 Brown to rehabilitate kitchens, heating system upgrades, tuck pointing and soffit repair and a hallway heating system for 33 units. The building houses adults with physical disabilities that require them to use wheelchairs. All units are one-bedroom and fully accessible. Rehabilitation was completed in February 2011. 7. The City’s Downpayment Assistance Program, funded with both HOME and Affordable Housing Funds, was initiated in May 2008 and has served 33 households through February, 2011. The program provides forgivable loans of up to $30,000 to income-eligible first time buyers who purchase a home anywhere in Evanston. The amount of the loan depends on income level, downpayment gap, and funding source. Households with incomes at or below 80% AMI can receive up to $30,000 in HOME funds. Households between 81 and 100% AMI can receive up to $25,000 from the Affordable Housing Fund. The purchase mortgage cannot exceed 80% loan-to-value, and purchasers must provide 3% of the purchase price towards the transaction. Fourteen households received assistance last fiscal year. Nine of those households, with incomes at or below 80% AMI, were assisted with HOME funds totaling $213,000. HOME administration funds of $ 51,613 were disbursed from current and past year program income and entitlement allocations for administration and monitoring of development projects and rental and ownership projects funded by HOME that are still in their affordability periods. HOME Match Report The City is required to provide a 25% match for HOME funds expended. Last fiscal year, the City incurred a match liability of $172,676. The liability was covered by matching funds of $105,800 from the City’s Affordable Housing Fund for five downpayment assistance loans, and funds from the Northshore Community Trust, and Developer Equity for units developed at 1929 Jackson In addition, the City had $1,055,929 in carry-over matching funds. The HOME match report for FY 2010/11 is included in the IDIS reports section. HOME MBE and WBE Report The HOME MBE and WBE Report, HUD Form-4107, which provides information on Minority and Women Business Enterprises with contracts or subcontracts on HOME-assisted development projects is included in the IDIS reports section. Outreach to Minority and Women Owned Businesses Developers of HOME assisted projects are encouraged to solicit bids from minority, women-owned and Evanston based businesses and to incorporate local job training or apprentice opportunities, if possible. Two of the three development projects funded in 2010/11 had minority contractors or developers. Results of On-Site Inspections of HOME Assisted Affordable Rental Housing Eight (8) HOME-assisted rental projects with 82 units are leased up and operating. All eight projects are located in the City’s CDBG Target Area and are routinely inspected on a two-year schedule in addition to the inspection schedule for HOME requirements. Assisted/ Location Owner Total Units Inspection 319 Dempster Housing Opportunity Development Corp 8/48 Nov. 2012 2014-2024 Wesley Evanston Housing Coalition 24/24 Feb. 2012 727 Brown SHORE Community Services 2/2 Sept. 2013 1929 Jackson Housing Opportunity Development Corp 2/2 Aug. 2010 2040 Brown Over the Rainbow 33/33 June 2011 707-13 Seward Reba Place Development Corp 10/24 April 2010 1817 Foster Evanston Housing Coalition 2/2 Aug. 2011 Page 457 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 26 Assessment of Affirmative Marketing and Outreach HOME funded projects are required to submit a detailed marketing plan in order to ensure that the project will be affirmatively marketed and that people traditionally not served by the current market are aware of the project. Marketing efforts undertaken for the various projects included paid advertisements in the local newspapers, notices in the City newsletter which is distributed to all Evanston residents, and on the City’s website, fliers distributed to local churches, community centers and non-profit organizations, contacts with local non-profit service providers, home purchase seminars and open houses. The City of Evanston does not receive any American Dream Downpayment Initiative (ADDI) funds. HOPWA The City of Evanston does not receive HOPWA funding. Emergency Shelter Grants (ESG) Assessment of Relationship of ESG Funds to Goals and Objectives The City of Evanston’s $85,730 in ESG 2010 entitlement funds were obligated and used for programs and activities that address the City’s priority community development objectives as identified in the 2010- 2014 Consolidated Plan. All funds were expended to provide emergency or transitional housing and essential services for homeless individuals and families, or for program administration. Connections for the Homeless received $45,443.50 in ESG funds for the operation of its 30-bed transitional shelter, Hilda’s Place, and to provide essential services. In 2010/11, 129 adults were housed at Hilda’s Place including the chronically homeless, mentally ill, substance abusers, persons with HIV/AIDS and other issues. Residents worked with case managers to address issues relating to their homelessness in order to remain at the shelter for more than three days. Hilda’s Place staff continued to develop linkage resources focusing on mental health, vocational assistance and housing. Interfaith Action Council received $20,000 in ESG funds for its drop-in Hospitality Center, which served 312 unduplicated clients, and for its network of soup kitchens, which served 150 additional clients at four sites. The Hospitality Center provided a supportive place for homeless individuals, including Hilda’s Place residents and clients of Entry Point, Connections for the Homeless’ outreach program, who need a welcoming place to go during the day. Interfaith’s job counselors work with residents of Hilda’s Place who are seeking employment to prepare resumes, identify job opportunities and practice interviewing skills. Other job-related services offered at the Hospitality Center included voice mail, fax service, and use of the phone. The YWCA Evanston/North Shore received $10,000 in ESG funds for its shelter for victims of domestic violence. The YWCA housed 240 women and children over the course of the year. The City provided $6,000 in ESG funding to Family Promise, a non-profit that works with faith-based organizations in Chicago’s North Shore suburbs to provide temporary housing and other services to homeless families. Family Promise has a day shelter in Evanston at which homeless families receive case management and other services. Family Promise provides transportation to school for school-age children, ensuring they continue to attend the school in which they were enrolled prior to becoming homeless. In 2010/11, 10 adults and 14 children, 24 total individuals, received services from Family Promise. The City of Evanston used $4,286.50 in ESG funds for staffing costs for program administration, monitoring and reporting. Page 458 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 27 Matching Resources ESG funds were matched with cash or volunteer labor by each agency receiving funding as shown below: • Connections for the Homeless match requirement was fulfilled/exceeded with $72,000 in State of Illinois Department of Human Service grant funds • Interfaith Action Council match requirement for the Hospitality Center was fulfilled with $5,000 in individual cash donations and $10,606 in volunteer labor; each of the four soup kitchens met their match requirement with $1,040 in volunteer hours and $85 in cash donations for $4,160 in volunteer and $340 in cash for $4,500 total • The YWCA Evanston-North Shore match requirement was fulfilled/exceeded with $56,000 in United Way funds • Family Promise’s match requirement was fulfilled with $6,000 in private grants and donations. Activity and Beneficiary Data ESG subrecipients are experienced at capturing and reporting client data, including unduplicated number of persons served and their gender and race/ethnicity. In addition, clients are categorized by subpopulations such as chronically homeless, veterans, mentally ill, and other HUD categories. Connections for the Homeless and Interfaith Action enter all client data into Evanston’s Homeless Management Information Center (HMIS) database. Capturing accurate data on beneficiaries of the soup kitchens, including an unduplicated count, is challenging. However, Interfaith Action has relationships with a number of the people using the soup kitchens from their Hospitality Center and Job Counselor programs, which helps minimize inaccuracies in client data. Homeless Discharge Coordination Policy The Evanston Alliance on Homelessness works with publicly funded institutions and systems of care to assist individuals being discharged from foster care, health care, mental health programs and correctional institutions. The Evanston Alliance on Homelessness has developed policies and protocols to ensure to the extent possible that persons being released from publically funded institutions or systems of care are not discharged into homelessness. Foster Care: The Youth Housing Assistance Program of the Illinois Department of Children and Family Services (DCFS) provides housing advocacy and cash assistance to young people ages 18 to 21 emancipated from foster care. Up to six months before emancipation, the youth applies to the program and is assigned a Housing Advocate, who helps find housing, creates a budget, and establishes links to other services. The program offers cash assistance of up to $800 ($1,200 if parenting, pregnant or disabled) for security deposits and move-in expenses, and a rental subsidy up to $100 per month. Being homeless or at risk of homelessness is one of the program eligibility factors. This formal protocol is understood and agreed to by the Evanston Alliance on Homelessness, youth service providers, and the DCFS Local Area Networks (LANs). Health Care: The Alliance co-convened the Countywide Discharge Planning Forum and the healthcare workgroup initiated at this forum identified two major priorities, (A) creating more respite beds for people leaving hospitals who might otherwise be homeless, and (B) advocating for housing to be added as an element of discharge planning for JCAHO accreditation. The Alliance has researched the JCAHO accreditation procedures, which address discharge planning protocols in general, but do not address housing placement specifically as a part of discharge planning. Alliance members continue to work locally with hospital representatives to provide improved housing referral information for patients being discharged. Additionally, the Alliance is exploring State mandates to better identify homeless persons in the hospital system. Mental Health: The Illinois Department of Human Services, Division of Mental Health (DHS/DMH), implements a "Continuity of Care Agreement" between State-Funded Inpatient Psychiatric Services (SFIPS) sites and community providers. The agreement cites the best practice not to discharge into homelessness; that SFIPS sites and provider agencies will work together to find appropriate housing that the individual is willing to accept; that if it is reasonably anticipated that housing will shortly be in place, a SFIPS site may delay discharge to prevent homelessness; and if an individual is not housed at discharge, the clinical record must document the reasons. Illinois DHS/DMH discharges persons to DMH- Page 459 of 469 City of Evanston 2010/11 Consolidated Annual Performance and Evaluation Report 28 funded supportive housing, nursing and intermediate care facilities, board and care, and private residences. This formal discharge protocol is understood and agreed to by the Evanston Alliance on Homelessness, mental health providers and local mental health institutions. Corrections: The Placement Resource Unit (PRU) of the Illinois Department of Corrections provides caseworkers to identify services needed by the ex-offender upon community re-entry, including housing placement. This formal discharge protocol is understood and agreed to by the Evanston Alliance on Homelessness, its providers, and local correctional institutions. Page 460 of 469 TABLE 3A - 2010/11 ACTIVITIES Specific Annual Objective Source of Funds Year Performance Indicators Expected Number Actual Number Percent Completed CDBG 2010 20 28 140% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:20 28 140% CDBG 2010 150 135 90% CDBG 2011 150 0% CDBG 2012 150 0% CDBG 2013 150 0% CDBG 2014 150 0% Multi-Year Goal:750 135 18% CDBG 2010 44 44 100% CDBG 2011 0% CDBG 2012 0% CDBG 2013 0% CDBG 2014 0% 44 44 100% Rev Loan 2010 10 3 30% Rev Loan 2011 12 0% Rev Loan 2012 12 0% Rev Loan 2013 12 0% Prog Inc 2014 12 0% 58 3 5% Rev Loan 2010 16 0 0% Rev Loan 2011 16 0% Rev Loan 2012 16 0% Rev Loan 2013 16 0% Rev Loan 2014 16 0% Multi-Year Goal:80 0 0% Rev Loan 2010 4 19 475% Rev Loan 2011 4 0% Rev Loan 2012 4 0% Rev Loan 2013 4 0% Rev Loan 2014 4 0% Multi-Year Goal:20 19 95% CDBG 2010 1 1 0% 2011 0% 2012 0% 2013 0% 2014 0% 110% Number of housing units/properties improved LMH DH-1 McGaw YMCA Residence Door Replacement Multi-Year Goal: CEDA-Neighbors At Work -- Repair/rehab and exterior & interior painting program Number of single- family housing units improved LMH Number of housing units improved LMH Number of housing units/properties improved through Weatherization Program (Other program accomplishments reported in the Single-family, Multi-family and Self- Help Paint activities) Multi-Year Goal: Housing Rehab Administration -- Administration of Weatherization (units listed), Self-Help Paint, Emergency Rehab, Garage Demolition and Dangerous Tree Removal housing rehab rograms for low/moderate income households Handyman Program -- Home repairs that do not require a licensed tradesperson serving low/moderate senior homeowners and renters Number of housing units/properties improved LMH Multi-Family Rehab -- Rehab of multi-family rental properties leased to low/moderate income households. Funded with low- interest loans from the City's Revolving Loan Fund. DH-1 Single-Family Rehab -- Rehab of low/moderate income owner occupied properties. Funded with low- or no- interest loans from the City's Revolving Loan Fund Multi-Year Goal: Facilities improved; housing units/rooms improved LMC DH-1 Self-Help Paint Program - Income- eligible homeowners may qualify for up to $400 in paint and supplies to paint their home exterior. Availability/Accessibility of Decent Housing (DH-1) DH-1 DH-1 DH-1 Number of housing units/properties improved LMH DH-1 City of Evanston 2010-11 Consolidated Annual Performance Review and Evaluation Report Page 461 of 469 TABLE 3A - 2010/11 ACTIVITIES CDBG 2010 44 32 73% CDBG 2011 44 0% CDBG 2012 44 0% CDBG 2013 44 0% CDBG 2014 44 0% Multi-Year Goal:220 32 15% HOME 2010 5 9 180% HOME 2011 5 0% HOME 2012 5 0% HOME 2013 5 0% HOME 2014 5 0% Multi-Year Goal:25 9 36% HOME 2010 10 37 370% HOME 2011 10 0% HOME 2012 10 0% HOME 2013 10 0% HOME 2014 10 0% Multi-Year Goal:50 37 74% HOME 2010 1 0 0% HOME 2011 1 0% HOME 2012 1 0% HOME 2013 1 0% HOME 2014 1 0% Multi-Year Goal:5 0 0% CDBG 2010 3,000 3,750 125% CDBG 2011 3,000 0% CDBG 2012 3,000 0% CDBG 2013 3,000 0% CDBG 2014 3,000 0% Multi-Year Goal:15,000 3,750 25% CDBG 2010 40 23 58% CDBG 2011 40 0% CDBG 2012 30 0% CDBG 2013 25 0% CDBG 2014 25 0% Multi-Year Goal:160 23 14% CDBG 2010 1 1 100% 2011 0% 2012 0% 2013 0% 2014 0% 110% CDBG 2010 300 292 97% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:300 292 97% DH-2 HOME Rentals -- Funds for acquisition, construction or rehab of affordable rental housing Multi-family units acquired, constructed or rehabbed LMH SL-1 Accessible Ramp Program -- ADA compliant curb cuts in CDBG Target Area for disabled access Sustainability of Decent Housing (DH-3) Individuals served LMC Affordability of Decent Housing (DH-2) Facilities improved LMC Availability/Accessibility of Suitable Living Environment (SL-1) HOME CHDO Reserve - Funds for acquisition, construction or rehab of affordable rental housing Multi-family units acquired, constructed or rehabbed LMH DH-3 Target Area Housing Code Compliance -- Inspection of rental units, nursing homes, rooming houses, etc., in the CDBG Target Area for code violations Housing units inspected, violations cited, reinspections LMA DH-2 DH-2 Homesharing Program -- Matches homeowners with an extra room with individuals seeking affordable housing HOME Ownership -- Funds for acquisition, construction or rehab of owner-occupied affordable homes Housing units acquired, constructed or rehabbed LMH DH-2 Number of people maintaining or acquiring affordable housing LMC SL-1 YWCA Evanston/Northshore Access Ramp Facilities improved LMC Multi-Year Goal: SL-1 Connections for the Homeless -- services for homeless clients of Entry Point outreach program for homeless men and women City of Evanston 2010-11 Consolidated Annual Performance Review and Evaluation Report Page 462 of 469 TABLE 3A - 2010/11 ACTIVITIES CDBG 2010 120 189 158% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:120 189 158% CDBG 2010 6 5 83% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:6 5 83% CDBG 2010 100 0 0% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:100 0 0% CDBG 2010 150 396 264% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:150 396 264% CDBG 2010 450 428 95% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:450 428 95% CDBG 2010 100 153 153% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:100 153 153% CDBG 2010 500 0 0% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:500 0 0% CDBG 2010 75 117 156% CDBG 2011 75 0% CDBG 2012 75 0% CDBG 2013 75 0% CDBG 2014 75 0% Multi-Year Goal:375 117 31% CDBG 2010 1,500 1,822 121% CDBG 2011 1,500 0% CDBG 2012 1,500 0% CDBG 2013 1,500 0% CDBG 2014 1,500 0% Multi-Year Goal:7,500 1,822 24% SL-1 Legal Assistance Foundation of Chicago -- Free legal assistance for low/moderate income individuals and seniors in civil cases Individuals served LMC SL-1 Evanston Coalition for Latino Resources -- Health & Resource workshops SL-1 Girl Scouts-Fit To Be Me -- Life skills and self-esteem building programs for low/moderate income girls Individuals served LMCEvanston Community Defender -- Legal Assistance in criminal matters and social services for low/moderate income youth Divine Wisdom Institute for Learning - Next Generation Leadership Individuals served LMC SL-1 SL-1 SL-1 Individuals served LMC Neighborhood Initiatives Fund -- Funds neighborhood improvement projects undertaken by block clubs and other volunteer organizations to improve CDBG Target Area neighborhoods SL-1 Music Institute of Chicago -- Taking Music To Seniors program performs concerts at low-income senior housing facilities and provides scholarships for musicians in the New Horizons Band Individuals served LMC SL-1 North Shore Senior Center -- Evanston/Skokie Valley Senior Services provides case management for low-income seniors, helps them assess needs and access benefits Individuals served Individal activities may be LMA or LMC Individuals served LMCMeals At Home -- Meals delivered to home-bound seniors and the disabled in Evanston Individuals served LMC Individuals served LMC SL-1 City of Evanston 2010-11 Consolidated Annual Performance Review and Evaluation Report Page 463 of 469 TABLE 3A - 2010/11 ACTIVITIES CDBG 2010 75 25 33% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:75 25 33% CDBG 2010 150 20 13% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:150 20 13% CDBG 2010 150 140 93% CDBG 2011 150 0% CDBG 2012 150 0% CDBG 2013 150 0% CDBG 2014 150 0% Multi-Year Goal:750 140 19% CDBG 2010 450 691 154% CDBG 2011 450 0% CDBG 2012 450 0% CDBG 2013 450 0% CDBG 2014 450 0% Multi-Year Goal:2,250 691 31% ESG 2010 400 855 214% ESG 2011 400 0% ESG 2012 400 0% ESG 2013 400 0% ESG 2014 400 0% Multi-Year Goal:2,000 855 43% CDBG 2010 20 7 35% CDBG 2011 20 0% CDBG 2012 20 0% CDBG 2013 20 0% CDBG 2014 20 0% Multi-Year Goal:100 7 7% CDBG 2010 24,000 24,000 100% CDBG 2011 24,000 0% CDBG 2012 24,000 0% CDBG 2013 24,000 0% CDBG 2014 24,000 0% Multi-Year Goal:120,000 24,000 20% CDBG 2010 1 1 100% CDBG 2011 1 0% CDBG 2012 1 0% CDBG 2013 1 0% CDBG 2014 1 0% Multi-Year Goal:5 1 20% CDBG 2010 4,000 4,039 101% CDBG 2011 4,000 0% CDBG 2012 4,000 0% CDBG 2013 4,000 0% CDBG 2014 4,000 0% Multi-Year Goal:20,000 4,039 20% Facilities improved LMA Households assisted LMH Emergency Shelter Grant Program - - Programs and services for the homeless in Evanston provided by Connections for the Homeless, YWCA, Carepoint, HE Lane and Interfaith Action Council Alley Special Assessment Assistance -- Program pays the special assessment for alley improvements for low/moderate income households SL-1 Individuals served LMC Sustainability of Suitable Living Environment (SL-3) Affordability of Suitable Living Environment (SL-2) Individuals served LMCSL-1 SL-1 Summer Youth Employment Program -- summer jobs and employment training for low/moderate income 14-18 year olds SL-2 Individuals served LMC YWCA Domestic Violence Services -- Housing, counseling, case management and legal advocacy for victims of domestic violence Open Studio Project-Art & Action -- after-school program using art and writing for self expression and anger management Individuals served LMC Individuals served LMA SL-1 Shorefront - Legacy Center Programming Individuals served LMC SL-3 SL-3 Adopt A Fancy Can -- Neighborhood improvement program with citizens requesting and maintaining attractive trash cans to reduce litter Area benefit - Individuals served in CDBG Target Area LMA SL-3 Alley Paving -- Improvements to alleys in the CDBG Target Area Block Curb & Sidewalk Program -- Replacement of broken sidewalks and curbs in the CDBG Target Area SL-1 City of Evanston 2010-11 Consolidated Annual Performance Review and Evaluation Report Page 464 of 469 TABLE 3A - 2010/11 ACTIVITIES CDBG 2010 1 0 0% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:1 0 0% CDBG 2010 1 1 100% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:1 1 100% CDBG 2010 300 1,313 438% 2011 0% 2012 0% 2013 0% 2014 0% Multi-Year Goal:300 1,313 438% CDBG 2010 24,000 24,000 100% CDBG 2011 24,000 0% CDBG 2012 24,000 0% CDBG 2013 24,000 0% CDBG 2014 24,000 0% Multi-Year Goal:120,000 24,000 20% Rev Loan 2010 1 1 100% Rev Loan 2011 0% Rev Loan 2012 0% Rev Loan 2013 0% Rev Loan 2014 0% Multi-Year Goal:1 0% 2010 450 403 90% 2011 0% 2012 0% 2013 0% CDBG 2014 0% Multi-Year Goal:450 403 90% 2010 18 0% 2011 0% CDBG 2012 0% CDBG 2013 0% CDBG 2014 0% Multi-Year Goal:18 0 0% 2010 5 19 0% 2011 0% 2012 0% CDBG 2013 0% 2014 0% Multi-Year Goal:5 19 380% CDBG 2010 75 62 83% CDBG 2011 0% 2012 0% CDBG 2013 0% CDBG 2014 0% Multi-Year Goal:75 62 83% SL-3 Weissbourd-Homes Family Focus Center -- facilities improvement project SNAP lighting Project -- new streetlighting in the 1900 block of Jackson Avenue Brummel-Richmond Tot Lot -- renovation of an important neighborhood amenity in south Evanston Facilities improved LMA Facilities improved LMA Evanston Community Development Corporation -- Technical assistance and counseling to businesses and micro enterprises SL-3 Availability/Accessibility of Economic Opportunity (EO-1) Area benefit - individuals served LMA Oakton School PTA -- School Grounds Beautification Phase 1 People benefitting from improved playground LMC SL-3 SL-3 SL-3 Graffiti Removal Program -- Elimination of graffiti from public property including signs and streetlights in the CDBG Target Area Area benefit - individuals served LMA Businesses assisted and jobs created/ retained; individual activities may be LMCMC, LMJ or LMA EO-1 Individuals served LMCEO-1 Interfaith Action Council -- job counseling program for residents of Hilda's Place, transitional housing. EO-1 Businesses assisted and jobs created/ retained; individual activities may be LMCMC, LMJ or LMA Technology Innovation Center -- loan counseling for micro enterprises and entrepreneurs seeking to start up businesses SL-3 Reba Early Learning Center -- parapet and roof repair Facilities improved LMC City of Evanston 2010-11 Consolidated Annual Performance Review and Evaluation Report Page 465 of 469 TABLE 3A - 2010/11 ACTIVITIES CDBG 2010 800 615 77% CDBG 2011 0% CDBG 2012 0% CDBG 2013 0% CDBG 2014 0% Multi-Year Goal:800 615 77% CDBG 2010 10 10 100% CDBG 2011 0% CDBG 2012 0% CDBG 2013 0% CDBG 2014 0% Multi-Year Goal:10 10 100% CDBG 2010 2 2 100% CDBG 2011 2 0% CDBG 2012 2 0% CDBG 2013 2 0% CDBG 2014 2 0% Multi-Year Goal:10 2 20% CDBG 2010 CDBG 2011 CDBG 2012 CDBG 2013 CDBG 2014 Multi-Year Goal: ESG 2010 ESG 2011 ESG 2012 ESG 2013 ESG 2014 Multi-Year Goal: HOME 2010 HOME 2011 HOME 2012 HOME 2013 HOME 2014 Multi-Year Goal: HOME 2010 HOME 2011 HOME 2012 HOME 2013 HOME 2014 Multi-Year Goal: CDBG 2010 CDBG 2011 CDBG 2012 CDBG 2013 CDBG 2014 Multi-Year Goal: Affordability of Economic Opportunity (EO-2) EO-1 Youth Job Center -- employment training and services for low- income individuals between 18 and 25 years of age Individuals served LMC Other HOME CHDO Operating -- 5% of HOME entitlement funds to support operating expenses of housing development activities of certified CHDOs Other O CDBG Administration -- management of the CDBG program, including planning, monitoring, reporting and support to subrecipients, and neighborhood planning functions Other O HOME Administration -- management of all HOME projects Other Other EO-3 Neighborhood Façade Improvement Program -- renovation of business storefronts in the CDBG Target Area Retail or commercial properties in CDBG Target Area improved LMA O EO-3 M/W/EBE Program -- Increase City contracts with minority, women and Evanston-based busineses; secure jobs for low-income residents in City- sponsored construction projects. Other (O-1) O ESG Administration -- management and administration of all ESG programs EO-1 Local Employment Program -- develops employment opportunities in the building trades for low- income Evanston residents though City contracts Individuals served LMC City of Evanston 2010-11 Consolidated Annual Performance Review and Evaluation Report Page 466 of 469 GoalActualGoalActualGoalActualGoalActualGoalActualGoalActualfacilities11200%MOfacilities1100%MY C03 Public Facilities and Improvements (General) 570.201(c)facilities000%H Y C03A Senior Centers 570.201(c)facilities000%LN03B Handicapped Centers 570.201(c)facilities000%LN03C Homeless Facilities (not operating costs) 570.201(c)facilities111300%H Y E, C03D Youth Centers 570.201(c)facilities000%LN03E Neighborhood Facilities 570.201(c)facilities11111500%MY C03F Parks, Recreational Facilities 570.201(c)facilities11111500%H Y C03G Parking Facilities 570.201©facilities11200%M Y C-R03H Solid Waste Disposal Improvements 570.201(c)facilities000%LN03I Flood Drain Improvements 570.201(c)facilities000%LN03J Water/Sewer Improvements 570.201(c)facilities000%LN03K Street Improvements 570.201(c)projects11221700%H Y C03L Sidewalks 570.201(c)projects2222210 00%HY C03M Child Care Centers 570.201(c)facilities11111500%HY C03N Tree Planting 570.201(c)facilities111300%MN03O Fire Stations/Equipment 570.201(c)facilities000%LN03P Health Facilities 570.201(c)facilities000%LN03Q Abused and Neglected Children Facilities 570.201(c)facilities000%LN03R Asbestos Removal 570.201(c)facilities000%LN03S Facilities for AIDS Patients (not operating costs) 570.201(c)facilities000%LN03T Operating Costs of Homeless/AIDS Patients Programsprograms2233313 00%M Y E, Chousing units 11111500%M Y O, Cbusinesses111300%H Y O, C05 Public Services (General) 570.201(e)people 20,000 20,000 20,000 20,000 20,000100,000 00%MY C05A Senior Services 570.201(e)people350 350 350 350 350 1,750 00%HY C05B Handicapped Services 570.201(e)people50 50 50 50 50 250 00%HY O05C Legal Services 570.201(E)people500 500 500 500 500 2,500 00%HY C05D Youth Services 570.201(e)people550550 550 550 550 2,750 00%HY C05E Transportation Services 570.201(e)people20 20 20 20 20 100 00%H Y C, O05F Substance Abuse Services 570.201(e)people 000%MN05G Battered and Abused Spouses 570.201(e)people650 650 650 650 650 3,250 00%HY C05H Employment Training 570.201(e)people700 700 700 700 700 3,500 00%HY C05I Crime Awareness 570.201(e)people 000%MN05J Fair Housing Activities (if CDBG, then subject to 570.201(e)people 000%MY O05K Tenant/Landlord Counseling 570.201(e)people 000%MY O05L Child Care Services 570.201(e)people20 20 20 20 20 100 00%HY O05M Health Services 570.201(e)people75 75 75 75 75 375 00%L Y O, C05N Abused and Neglected Children 570.201(e)people4 4 4 4 4 20 00%MY E05O Mental Health Services 570.201(e)people 000%MY O05P Screening for Lead-Based Paint/Lead Hazards Poison 570.201(e)people 000%MY O05Q Subsistence Payments 570.204people 000%L05R Homeownership Assistance (not direct) 570.204households 50 50 50 50 50 250 00%MH, C05S Rental Housing Subsidies (if HOME, not part of 5% 570.204households 000%HH 05T Security Deposits (if HOME, not part of 5% Admin chouseholds 000%HOPlan to Fund? Y/NHousing and Community Development ActivitiesIndicator5-Year QuantitiesFund SourceYear 1 Year 2% of GoalPriority Need: H, M, L01 Acquisition of Real Property 570.201(a)Year 3 Year 4 Year 5 Cumulative02 Disposition 570.201(b)Public Facilities and Improvements04 Clearance and Demolition 570.201(d)04A Clean-up of Contaminated Sites 570.201(d)Public ServicesHousing and Community Development Needs TableCity of Evanston 2010-2014 Consolidated PlanPage 467 of 469 GoalActualGoalActualGoalActualGoalActualGoalActualGoalActualPlan to Fund? Y/NHousing and Community Development ActivitiesIndicator5-Year QuantitiesFund SourceYear 1 Year 2% of GoalPriority Need: H, M, LYear 3 Year 4 Year 5 Cumulativepeople 000%businesses 000%Lhouseholds 000%Lpeople 000%Lbusinesses 000%Lhousing units 000%HHhouseholds 000%HH, O14A Rehab; Single-Unit Residential 570.202housing units 170 170175175175 865 00%HC14B Rehab; Multi-Unit Residential 570.202housing units 20 20 20 20 20 100 00%HC14C Public Housing Modernization 570.202housing units 000%MO14D Rehab; Other Publicly-Owned Residential Buildings 570.202housing units 000%MO14E Rehab; Publicly or Privately-Owned Commercial/Indu 570.202businesses 000%H C, O14F Energy Efficiency Improvements 570.202housing units 000%HO14G Acquisition - for Rehabilitation 570.202housing units 000%HH14H Rehabilitation Administration 570.202NA 000%HC14I Lead-Based/Lead Hazard Test/Abate 570.202housing units 000%HOhousing units 3,000 3,000 3,000 3,000 3,000 15,000 00%HChousing units 000%LObusinesses 000%LO17A CI Land Acquisition/Disposition 570.203(a)businesses 000%L17B CI Infrastructure Development 570.203(a)businesses 000%MO 17C CI Building Acquisition, Construction, Rehabilitat 570.203(a)businesses 000%MO 17D Other Commercial/Industrial Improvements 570.203(a)businesses 000%MO 18A ED Direct Financial Assistance to For-Profits 570.203(b)businesses 3 5 5 5 5 23 00%MO, C18B ED Technical Assistance 570.203(b)businesses 10 10 10 10 10 50 00%HO, C18C Micro-Enterprise Assistancebusinesses 15 15 15 15 15 75 00%HC19A HOME Admin/Planning Costs of PJ (not part of 5% AdNone 000%NA19B HOME CHDO Operating Costs (not part of 5% Admin caNone 000%HH19C CDBG Non-profit Organization Capacity Buildingorganizations 000%MC19E CDBG Operation and Repair of Foreclosed Propertyhousing units 000%M19F Planned Repayment of Section 108 Loan PrincipalNone 000%L19G Unplanned Repayment of Section 108 Loan PrincipalNone 000%LNone 000%HC 21A General Program Administration 570.206None 000%H C, H, E21B Indirect Costs 570.206None 000%L21D Fair Housing Activities (subject to 20% Admin cap) 570.206None 000%M O, C21E Submissions or Applications for Federal Programs 570.206None 000%MC21F HOME Rental Subsidy Payments (subject to 5% cap)None 000%M21G HOME Security Deposits (subject to 5% cap)None 000%LN21H HOME Admin/Planning Costs of PJ (subject to 5% capNone 000%NA21I HOME CHDO Operating Expenses (subject to 5% cap)None 000%HY H08 Relocation 570.201(i)09 Loss of Rental Income 570.201(j)11 Privately Owned Utilities 570.201(l)06 Interim Assistance 570.201(f)07 Urban Renewal Completion 570.201(h)12 Construction of Housing 570.201(m)13 Direct Homeownership Assistance 570.201(n)15 Code Enforcement 570.202(c)16A Residential Historic Preservation 570.202(d)16B Non-Residential Historic Preservation 570.202(d)20 Planning 570.205Housing and Community Development Needs TableCity of Evanston 2010-2014 Consolidated PlanPage 468 of 469 GoalActualGoalActualGoalActualGoalActualGoalActualGoalActualPlan to Fund? Y/NHousing and Community Development ActivitiesIndicator5-Year QuantitiesFund SourceYear 1 Year 2% of GoalPriority Need: H, M, LYear 3 Year 4 Year 5 CumulativeNone 000%LAcquisition of existing rental unitshousing units 000%NAProduction of new rental unitshousing units 000%NARehabilitation of existing rental units housing units 16 16 20 20 20 92 00%HYRLRental assistancehouseholds000%Acquisition of existing owner units housing units000%Production of new owner units housing units000%Rehabilitation of existing owner units housing units 10 15121212 61 00%HYRLHomeownership assistance households 000%Acquisition of existing rental units housing units 000%LNProduction of new rental units housing units 2 6 6 8 22 00%HY HRehabilitation of existing rental units housing units 35 20 10 20 6 91 00%HY HRental assistancehouseholds 2 4 10 16 00%MY HAcquisition of existing owner units housing units 2 2 400%MY HProduction of new owner units housing units 4 2 2 800%MY HRehabilitation of existing owner units housing units 000%LNHomeownership assistance households 10 10 10 10 10 50 00%H Y H, OTotals46 26,272 0 26,272 0 26,272 0 26,275 0 26,275 0131,366 00Priorities: H = high; M = medium; L = low; NA = not applicableFunding sources: C = CDBG; H = HOME; E = ESG; O = Other; Revolving Loan = RL; C-R = CDBG-R; HP = HPRPNote: Housing Rehab numbers reflected in 14A and 14B are small-scale projects through the Handyman, Minor Repair and similar programs. Housing rehab numbers reflected in the CDBG section under Unprogrammed Funds are emergency and substantial rehabs funded through the Revolving LoanCDBGHOME22 Unprogrammed FundsHousing and Community Development Needs TableCity of Evanston 2010-2014 Consolidated PlanPage 469 of 469