CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS
AgendaFull text
CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
JAMES C. LYTLE COUNCIL CHAMBERS
Monday, July 15, 2019
6:00 p.m.
ORDER OF BUSINESS
(I) Roll Call – Begin with Alderman Rainey
(II) Mayor Public Announcements
(III) City Manager Public Announcements
(IV) Communications: City Clerk
(V) Public Comment
Members of the public are welcome to speak at City Council meetings. As part of the Council
agenda, a period for public comments shall be offered at the commencement of each regular
Council meeting. Public comments will be noted in the City Council Minutes and become part of
the official record. Those wishing to speak should sign their name and the agenda item or non-
agenda topic to be addressed on a designated participation sheet. If there are five or fewer
speakers, fifteen minutes shall be provided for Public 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
Public Comment does not exceed forty-five minutes. The business of the City Council shall
commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond
during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil
manner. Public comments are requested to be made with these guidelines in mind.
(VI) Special Orders of Business
SPECIAL ORDERS OF BUSINESS
(SP1) Approval of City Council Minutes
Approval of Minutes of the Regular City Council Meeting of July 9, 2019.
For Action
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City Council Agenda July 15, 2019 Page 2 of 4
(SP2) Inclining Block Water Rate
Staff recommends that the City Council consider establishing an inclining block
water rate structure that would increase water rates based on water consumption
while allowing the establishment of an affordable combined water and sewer rate.
For Discussion
(SP3) Resolution 76-R-19, Local Agency Agreement for Federal Participation with
the Illinois Department of Transportation for the Central Street Bridge
Replacement Project and Authorizing Funding to Purchase Property
Staff recommends approval of Resolution 76-R-19 authorizing the City Manager
to sign a Local Public Agency Funding Agreement for Federal Participation with
the Illinois Department of Transportation (IDOT) for the Central Street Bridge
Replacement Right-of-Way Purchase for a not-to-exceed cost of $700,000. The
Agreement establishes the maximum grant funding at 80% of the right-of-way
purchase (up to $560,000), and commits the City of Evanston to fund the
remainder. Funding will be from the Capital Improvement Fund 2019 General
Obligation Bonds which has a budget of $560,000 for this project (Account No.
415.40.4119.62415 – 416513). The City will ultimately be responsible for only
20% of the cost ($140,000). The remaining 80% of the acquisition cost
($560,000) is funded through the Surface Transportation Program – Bridge
Program (STP-BR) federal grant funds. The City will be invoiced its share of the
cost by IDOT as the work is completed.
For Action
(SP4) Resolution 77-R-19, Amendment to the Preliminary Engineering Services
Agreement for the Central Street Bridge Phase II Engineering
Staff recommends approval of Resolution 77-R-19 authorizing the City Manager
to Sign an Amendment to the Preliminary Engineering Services Agreement for
Federal Participation with the Illinois Department of Transportation and Stanley
Consultants, Inc. for the Central Street Bridge Phase II Engineering in the amount
of $67,200. This will increase the overall contract amount from $519,512 to
$586,712 of which 80% is funded by federal funds. Funding will be provided from
the Capital Improvement Fund 2019 General Obligation Bonds for the Central
Street Bridge Engineering Services, which has a budget of $560,000 for this
project (Account No. 415.40.4119.62415 – 416513). The City will ultimately be
responsible for only 20% of the cost ($13,440). The remaining 80% of the change
order amount ($53,760) is funded through the Surface Transportation Program –
Bridge Program (STP-BR) federal grant funds and will be reimbursed to the City
upon completion of the work.
For Action
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City Council Agenda July 15, 2019 Page 3 of 4
(SP5) Ordinance 46-O-19, Amending City Code Section 7-2-6(D), “Sidewalk Cafes,”
to Allow Permeant Fixtures, Year-Round Operations, and Alcohol Service at
Type 2 Restaurants
Staff recommends City Council adoption of Ordinance 46-O-19, amending
portions of City Code Section 7-2-6(D) Sidewalk Cafes to allow year-round
sidewalk cafes; permanent fixture installation for cafes 600 square feet in area
and larger; and service of liquor in cafés for Type 2 restaurants with a current
liquor license in the principle establishment.
For Introduction
(SP6) Resolution 72-R-19, Amending City Council Rules to Address Remote Public
Comment Participation
The Rules Committee recommends that the City Council adopt Resolution 72-R-
19, amending City Council Rule 6, “Citizen Participation,” to state that only
individuals attending the meeting in person may participate in public comment and
no electronic participation will be allowed.
For Action
(SP7) Resolution 73-R-19, Amending City Council Rules by Regulating Signs in
the Council Chambers by Members of the Public
The Rules Committee recommends that the City Council adopt Resolution 73-R-
19, amending City Council Rule 6, “Citizen Participation,” to address members of
the public signs in the Council Chambers.
For Action
(SP8) Resolution 78-R-19, Censuring City of Evanston Clerk Devon Reid for
Violating the City of Evanston Heathly Work Environment Policy and the
Open Meetings Act and Council Rules Regarding Closed Session
Recordings
This resolution recommends that the City Council censure City Clerk Devon Reid
for his unprofessional communication and harassment of multiple City employees
and violation of the Open Meetings Act and Council Rules.
For Action
(VII) 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)}
(VIII) Executive Session
(IX) Adjournment
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City Council Agenda July 15, 2019 Page 4 of 4
MEETINGS SCHEDULED THROUGH JULY 2019
Upcoming Aldermanic Committee Meetings
7/17/2019 6:30 PM Minority Women and Evanston-based Enterprise Committee
7/18/2019 6:30 PM Equity & Empowerment Commission
7/22/2019 6:00 PM Administration & Public Works, Planning & Development, City
Council
7/24/2019 6:00 PM Transportation and Parking Committee
7/24/2019 7:30 PM Economic Development Committee
Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil.
Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to
ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please
contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the
accommodation if possible.
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SPECIAL CITY COUNCIL MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
JAMES C. LYTLE COUNCIL CHAMBERS
Monday, July 8th, 2019
Present:
Alderman Fiske Alderman Revelle
Alderman Braithwaite Alderman Rainey
Alderman Wynne Alderman Fleming
Alderman Wilson Alderman Suffredin
Alderman Rue Simmons (9)
Absent:
Presiding: Mayor Stephen Hagerty
Devon Reid
City Clerk5 of 106
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Mayor’s Public Announcements
Mayor Hagerty thanked all of the volunteers from Evanston July 4th Association and city staff
for the July 4th celebration.
Watch
City Manager’s Public Announcements
Assistant City Manager Erika Storlie invited Deputy City Manager Kimberly Richardson to
provide an update on the police department citizen complaint intake process.
Watch
City Clerk’s Communications
City Clerk had 1 Communication: The Clerk’s Office will be hosting an event on July 17
starting at 6 p.m in the Parasal Room. The event will focus on an ethics ordinance, lobbying
ordinance and whistleblower ordinance.
Watch
Public Comment
William Eason Spoke on behalf of the Evanston Voter Initiative which is a group that
allows residents to enact policy through the process of Referendum.
Watch
Harris Miller Asked City Council to oppose Resolution 72-R-19. He’s concerned it
will create a barrier for working families and disabled from
participating in public comment. Also asked City Council to oppose
Ordinance 51-O-19.
Watch
Bruce Enenbach Stated there are not enough street cleaning signs in Evanston and
are hard to read. Wants the city to make a better effort in making the
signs visible to the public.
Watch
Mike Vasilko Ordinance 51-O-19 which would allow the selling of alcohol at the
Welsh-Ryan Arena. Said the residents near the arena are opposed to
this. He also spoke about Robert Crown and its funding.
Watch
Carl Klein Talked about contract award with Spring City Electrical Manufacturing Watch
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Daniel Joseph Shared his concern over the manufactured gas pipelines. Watch
Vickie Burke Wanted City Council to reconsider granting a liquor license to
Northwestern Welsh-Ryan arena. Said Northwestern is no longer
respectful to neighbours. Believes this could impact the property
value and taxes in the neighborhood.
Watch
Mark Rosati Strongly opposed Ordinance 51-O-19 which would allow the selling of
alcohol at the Welsh-Ryan Arena. Believes it would negatively impact
the quality of life and safety of the neighborhood.
Watch
Mara Jauntirans Talked about Robert Crown and the newly constructed gym facility.
Said the total number of hours given to Beacon Academy isn’t
specified in the agreement.
Watch
Olesya Malloy Talked about the agreement between the City and Beacon Academy
concerning the usage of the Robert Crown facility. Stated that if
Beacon Academy is allowed maximum use of the facility, they would
be displacing many families in the community. Asked City Council to
reconsider the terms of the agreement.
Watch
Allie Harned Voiced her opposition to the agreement with Beacon Academy for the
use of gym time at Robert Crown.
Watch
Carlis Sutton Opposed the adoption of Ordinance 54-O-19. Said it wouldn’t create
more affordable housing for which is needed, creates an additional
burden for residents who rent in the area. He also opposed the
density requirements and the parking bonuses.
Watch
Pryscilla Giles Stated that City Council members do not listen to residents who
speak at public comment and some residents don’t attend because
they believe their concerns aren’t recognized.
Watch
Joyce Zeiss Said the selling of alcohol at Northwestern’s Welsh-Ryan arena
would destroy the family atmosphere of the area. Asked City Council
to consider the safety of the neighborhood and the students.
Watch
Laurie McFarlane Spoke about the proposed liquor license for Northwestern’s sports
arena.
Watch
Ken Proskie Asked City Council to delay the vote to grand a liquor license to
Northwestern’s Welsh-Ryan arena.
Watch
Coryn Clarkson Opposed to the MOU for the dog beach until there is a clear
understanding that the City of Evanston has complete ownership of
the land. Believes Ald. Revelle should recuse herself from the MOU
negotiations because of the conflict of interest.
Watch
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Mary Rosinski Talked about the dog beach and the Northwestern liquor license for
the Welsh-Ryan Arena.
Watch
Yvi Russel Opposed Ordinance 51-O-19 which would allow for alcoholic
beverage sales at Welsh-Ryan arena.
Watch
Lynn Troutmann Opposed Ordinance 51-O-19 and asked City Council to vote against
the ordinance.
Watch
Madeline Ducre Asked City Council to revise the sanctuary city ordinance. Watch
Doreen Price Voiced her support for emergency generators at the Police/Fire
Headquarters and Fire Stations #1 and #2. Spoke about livability in
Evanston and asked the City Council to consider the prices for rent.
Watch
Ray Friedman Thanked Ald. Rue Simmons for raising the question of unfair labor
practices at the Robert Crown project. Voiced his concerns over
Lincoln Street beach and the selling of alcohol at Northwestern's
arena.
Watch
James Engleman Stated there are new meters with integrated chips in taxi cabs. Watch
Darlene Cannon Stated that Northwestern failed to present evidence to support claims
of economic benefits to the community by allowing liquor sales at the
Welsh-Ryan arena. Asked City Council to vote against the liquor
license ordinance. Wants City Council to make private donors for
Robert Crown to pay a fair share of the cost.
Watch
Roger Sosa Executive Director of the Evanston Chamber of Commerce who
spoke about parking in Evanston.
Watch
Matthew Grayson Spoke about Ordinance 51-O-19 and asked City Council to vote
against the ordinance.
Watch
Bob Hoyer Thanked City Council for enacting the Climate Action and Resilience
Plan. Encouraged City Council to join the DPOE and learn more
about their position statement.
Watch
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Consent Agenda
(M1) Approval of Minutes of the Regular City Council Meeting of June 24,
2019
For Action
Approved on Consent Agenda
Motion: Ald.
Braithwaite
Watch
(A1) Payroll – June 10, 2019 through June 23, 2019 $3,151,176.08
For Action
Approved on Consent Agenda
(A2) Bills List – July 9, 2019 $ 5,042,548.09
For Action
Approved on Consent Agenda
(A3) 2018 Audited Comprehensive Annual Financial Report
City Council accepted and placed on file the Audited Comprehensive
Annual Financial Report (CAFR).
Accept and Place on File
Approved on Consent Agenda
(A4) Washington National TIF Dissolution
City Council accepted and placed on file the close out memo for the
Washington National TIF District
Accept and Place on File
Approved on Consent Agenda
(A5) Sole-source Purchase of West Filter Plant Backwash Rate
Controller from LAI, Ltd.
City Council authorized the City Manager to execute the solesource
purchase of the DeZurik filter backwash rate controller system from LAI,
Ltd, (5400 Newport Drive, Suite 10, Rolling Meadows, IL 60008) in the
amount of $22,781. Funding for this purchase will be from Water Fund
(Account 510.40.4230.65702), which has an allocation of $50,000 for this
item. This account has an YTD balance of $206,065.37.
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For Action
Approved on Consent Agenda
(A6) Contract Award with Spring City Electrical Manufacturing for
Tallmadge Street Light Poles and Fixtures
City Council authorized the City Manager to execute a 10-year contract
with Spring City Electrical Manufacturing (One South Main Street, Spring
City, PA) for the single-source supply of Tallmadge Street Light Poles and
Luminaire Fixtures. The cost of the contract through December 31, 2020
will be $177,598. Funding through 2020 will be from the Capital
Improvement 2019 and 2020 General Obligation Bonds in the amount of
$177,598. A detailed summary of the funding is included in the
corresponding transmittal memorandum. This item was held in Committee
at the June 10, 2019 Administration and Public Works Committee meeting.
For Action
Approved on Consent Agenda
(A7) Contract Award for HVAC Mechanical Engineering Services with
KimleyHorn and Associates, Inc. at the Police/Fire Headquarters, Fire
Station #3 and the Levy Senior Center
City Council authorized the City Manager to execute a contract for HVAC
Mechanical Engineering Services at the Police/Fire Headquarters, Fire
Station #3 and the Levy Senior Center (RFP 19-22) with Kimley-Horn and
Associates, Inc. (1001 Warrenville Road, Suite 350, Lisle, IL 60532), in the
amount of $59,560. Funding will be provided from the Capital
Improvement Program (CIP) 2019 General Obligation Bonds, which
included an FY 2019 budget of $115,000 for all three projects, all of which
is remaining. The account breakdown is included in the corresponding
transmittal memo.
For Action
Approved on Consent Agenda
(A8) Contract Award for Engineering Design Services with CCJM
Engineers, Ltd. for Emergency Generators at the Police/Fire
Headquarters and Fire Stations #1 and #2
City Council authorized the City Manager to execute a contract for
Engineering Design Services for Emergency Generators at the Police/Fire
Headquarters and Fire Stations #1 and #2 (RFP 19-30) with CCJM
Engineers, Ltd. (303 East Wacker Drive, Suite 303, Chicago, IL 60601), in
the amount of $34,100. Funding will be provided from the Capital
Improvement Program (CIP) 2019 General Obligation Bonds, which has
an FY 2019 budget for this project in the amount of $210,000, all of which
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is remaining. A detail breakdown of funding for this project can be found in
the corresponding transmittal memorandum.
For Action
Approved on Consent Agenda
(A9) Purchase of Fire Department Communications Equipment from
Motorola Solutions through the Federal Emergency Management
Agency (FEMA) Assistance to Firefighters Grant (AFG) Program
City Council approved payment to Motorola Solutions of Chicago, IL for
the purchase of upgraded mobile communications equipment and the APX
emergency scene accountability system. Total cost for this invoice is
$1,550,000. Funding will come from Fire Department AFG Portal Radio
Grant (Account 100.23.2305.62672), which is funded from three sources.
A detailed summary of the funding is included in the corresponding
transmittal memorandum.
For Action
Approved on Consent Agenda
(A10) Renewal of 2019-2024 Elevator Service Agreement with
Thyssen Krupp Elevator Corporation for the Sherman Plaza Parking
Garage
City Council renewed the sole-source service and maintenance agreement
with Thyssen Krupp Elevator Corporation (335 Eisenhower Lane South,
Lombard, IL 60148) for the 6 elevators at the Sherman Plaza Parking
Garage in the amount of $205,200. The proposed 5-year service
agreement is effective from April 1, 2019 to March 31, 2024. Funding will
be provided from the Elevator Contracts – Sherman Plaza Garage Parking
Fund (Account 505.19.7036.62425), with a budget of $43,700. A
breakdown of expenses for each year is as follows: $25,650 for nine
months of FY 2019, $34,200 for each FY 2020-2023, and $8,550 for three
months of FY 2024.
For Action
Approved on Consent Agenda
(A11) 2019-2020 Fuel Purchase from The Gas Depot Oil Company
City Council approved fuel purchases from July 6, 2019 through July 5,
2020 in the amount of $750,000 from Gas Depot Oil Company (8930 N.
Waukegan Road, Suite 230, Morton Grove, IL 60053). The Gas Depot Oil
Company is the current Northwest Municipal Conference Bid winner for all
grades and types of fuels that are utilized by city vehicles for this time
period. Funding for this purchase will be as follows: $750,000 from the
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Petroleum Products Business Unit in the Fleet Fund (Account
600.19.7710.65035) with a FY19 budget of $750,000.
For Action
Approved on Consent Agenda
(A12) Replacement of One Public Works Agency Street Sweeper
Vehicle from Standard Equipment Company
City Council approved the purchase of one (1) replacement street sweeper
vehicle for operations and allocated to the Public Works Agency (Public
Services Bureau). The replacement vehicle will be purchased from
Standard Equipment Company, 2033 West Walnut Street, Chicago, IL
60612 in the amount of $226,175.55 through the Sourcewell contract.
Funding for the vehicles will be from the Sewer Fund (Account
515.40.4530.65550) in the amount of $226,175.55, which has a budgeted
amount of $420,075. This expenditure represents 53.8% of this budgeted
amount.
For Action
Approved on Consent Agenda
(A13) Amended Agreement with Passport Parking, Inc. for Software
License and Service Agreement for Mobile Payments for Parking
Platform and a Citation Management Platform
City Council authorized the City Manager to execute a three-year
amended agreement with Passport Parking, Inc. for software license and
services for mobile parking payments and for a citation management
platform. The contract term is retroactive to January 1, 2019 and continues
through December 31, 2021. Mobile pay transaction fees are reduced
from $0.35 cents to $0.22 cents per transaction with a not-to-exceed
amount of $250,000 for 2019, $300,000 for 2020 and $350,000 for 2021.
Citation Management services will be $22,200 a month for a total of
$266,400 annually, with an additional $1.25 per letter issued after 40 days
of non-payment by the citation recipient. Funding is as follows: Citation
Management Fees: General Fund - Administrative Services - Service
Agreement & Contracts (Account 100.19.1941.62509). Mobile App Fees:
Parking Fund - Passport Mobile Parking (Account 505.19.7015.62519).
Funding for mobile fees will be a mix of Parking Funds and convenience
fees paid by Park Evanston “pay as you go” users.
For Action
Approved on Consent Agenda
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(A14) Approval of Change Order No. 2 for Clearwell 9 (Treated Water
Storage) Replacement Project Construction (Bid 18-30)
City Council authorized the City Manager to execute Change Order No. 2
to the construction contract for the Clearwell 9 Replacement Project (Bid
No. 18-30) with Thieneman Construction, Inc. (17219 Foundation
Parkway, Westfield, IN) in the amount of $22,973.31. This will increase the
total contract amount from the current contract price of $19,213,700 to
$19,236,673.31. There is no time extension associated with this change
order. The City has a loan agreement in place with the IEPA for funding
from the State Revolving Fund in the amount of $20,556,256 for
engineering and construction of this project. All eligible costs will be
funded by the loan repaid over 20 years at 1.84% interest. IEPA loan
funding for this work is being routed through the Water Fund, Capital
Improvement (Account 513.71.7330.65515-733107), which has an FY
2019 budget allocation of $13,400,000 for this project (additional funding
will be allocated in FY 2020). The City has executed a Memo of
Understanding with Northwestern University (NU) where NU will pay for
costs associated with this Change Order No. 2.
For Action
Approved on Consent Agenda
(A15) Dog Beach Update
At the June 10, 2019 City Council meeting, Ald. Fiske requested
information on the dog beach. Staff has prepared a presentation
discussing past revenues, current conditions and a review of existing City
ordinances. Staff requests this report be placed on file.
Accept and Place on File
Approved on Consent Agenda
(A16) Sheridan Square Parking Update
After discussion at the June 24, 2019 Transportation & Parking
Committee, staff removed signs restricting parking for 22 spaces on the
east side of Sheridan Square 24 hours a day, except those with a District
R permit. The entire length of Sheridan Square, both sides, is now
designated as residents parking only from 9pm to 6am, which is also
reflected in the City Code. Staff requests this report be placed on file and
seeks direction on next steps.
Accept and Place on File
Approved on Consent Agenda
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(A17) Street Cleaning and Snow Removal Signs
At the request of City Council, staff has examined the cost and scope of
work required to install additional street cleaning signs at mid-block
locations throughout the City. Staff requests this report be placed on file
and seeks direction on next steps.
Accept and Place on File
Item held in Committee
Watch
(A18) Resolution 65-R-19, Approving Procedures Regarding
Determination of Benefit Eligibility Under the Public Safety Employee
Benefits Act
City Council adopted Resolution 65-R-19, adopting a Public Safety
Employee Benefits Act (PSEBA) Policy. The proposed policy outlines the
procedures to be used by the City to determine employer-paid health
insurance eligibility for former Firefighter/Paramedics or Police Officers
catastrophically injured or killed in the line of duty.
For Action
Approved on Consent Agenda
(A19) Resolution 67-R-19, Authorizing Motor Fuel Tax Funds Transfer
for General Maintenance of Streets
City Council adopted Resolution 67-R-19 by which City Council would
authorize the City Manager to transfer $982,897 in 2019 of Motor Fuel Tax
(MFT) Funds for the salt purchase, electricity payment and general
maintenance of streets by City forces. The fund transfer was approved as
part of the 2019 budget. Funding will be provided from the Motor Fuel Tax
Fund (Account 200.26.5100.66131) as a transfer to the General Fund.
For Action
Approved on Consent Agenda
(A20) Resolution 70-R-19, Authorizing the Use of Emergency
Contract Procedures for Civic Center Boiler System Repairs
City Council adopted Resolution 70-R-19 authorizing the use of
emergency contract procedures for Civic Center Boiler System Repairs.
The City Manager will execute a contract for these repairs with Great
Lakes Plumbing and Heating Company (4521 West Diversey Avenue,
Chicago, IL 60639) in the amount of $119,400. Funding is available from
the Capital Improvement Fund 2019 General Obligation Bonds from the
line item for Facilities Contingency (Account 415.40.4119.65515 –
619022). This line item has an FY 2019 budget of $300,000 with a
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remaining balance of $232,810.
For Action
Approved on Consent Agenda
(A21) Resolution 71-R-19, Authorizing the City Manager to Sign a
Memorandum of Understanding with Northwestern University for
Operations of the Beach at Lincoln Street and Campus Drive
Staff recommends that City Council adopt Resolution 71-R-19,
authorization to execute a memorandum of understanding by and between
the City and Northwestern University for operations at the beach located at
end of Lincoln Street.
Motion to amend the agreement to expire by Labor Day of 2020
Failed 6-3 Ald. Wynne, Wilson and Rue Simmons voted “No”
For Action
Item held until July 22nd meeting
Motion: Ald.
Wilson
Watch
(A22) Resolution 75-R-19, Accepting a Grant from the Illinois Housing
Development Authority's Abandoned Residential Property Municipal
Relief Program
City Council adopted Resolution 75-R-19, accepting a grant from the
Illinois Housing Development Authority (IHDA) Abandoned Residential
Property Municipal Relief Program. Illinois Housing Development Authority
(IHDA) has provided $75,000 in funding to address property maintenance
issues at registered vacant properties. Funds will be provided through an
account approved by IHDA.
For Action
Approved on Consent Agenda
(A23) Ordinance 58-O-19, Amending Section (C) of Title 11, Chapter
2, Schedule 11 “Immobilization Program”
City Council adopted Ordinance 58-O-19, amending Section (C) of Title
11, Chapter 2, Schedule 11 “Immobilization Program,” changing the
amount of time a vehicle is immobilized before it is towed and impounded.
This ordinance will increase the time limit from 24 hours to 48 hours.
For Introduction
Approved on Consent Agenda
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(A24) Ordinance 66-O-19, Amending Portions of the Parking City
Code Regarding Payment Methods
City Council adopted Ordinance 66-O-19, amending portions City Code
Chapter 10, Sections 5 and 11 to properly reflect all parking payment
methods and zones. The City of Evanston offers a variety of parking
options (single space meters, multi-space pay stations, and ParkEvanston
App), as well as payment options (coins, cash, credit card, web-based
applications/wallet) and the City Code must be updated to reflect these
changes.
Rules Suspended for Introduction and Action
For Introduction and Action
Approved on Consent Agenda
(A25) Ordinance 67-O-19 Amending City Code Section 10-11-18,
Schedule XVIII(F) to add Lincoln Street Parking Pilot Program
City Council adopted Ordinance 67-O-19, amending City Code Sections
10-11-10 to restrict parking on the 1600 block of Lincoln Street to two
hours from 9:00 a.m. to 6:00 p.m. for a period of 6 months.
For Introduction and Action
Passed 5-4 Ald. Fiske, Suffredin, Rainey and Fleming voted “No”
Watch
(A26) Ordinance 68-O-19, Amending City Code Section 10-11-7,
Schedule VII(A) “Passenger Loading Zones, Public Carrier Stops and
Stands” to Add a Loading Zone at 602 Davis Street
City Council adopted Ordinance 68-O-19, amending City Code Section
10-11-7 – Schedule VII(A) adding a 15 minute passenger loading zone at
602 Davis Street.
For Introduction
Approved on Consent Agenda
(A27) Ordinance 69-O-19, Amending City Code Sections 10-11-12,
Parking Zones
City Council adopted of Ordinance 69-O-19, amending City Code
Sections: 10-11-12(A) by adding both sides of Greenwood Avenue from
Sherman west to the alley as a 2 hour paid parking zone, and 10-11-12(F)
by adding the west side of Sherman Court from Greenwood Avenue north
to the alley as a 12 hour paid parking zone.
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For Introduction
Approved on Consent Agenda
(A28) Ordinance 70-O-19, Amending Portions of the City Code
Regarding the Scope of Authority of Hearing Officers
City Council adopted Ordinance 70-O-19, amending portions of the City
Code regarding the scope of authority of hearing officers. Ald. Braithwaite
requests suspension of the rules for introduction and action at the July 8,
2019 City Council meeting.
For Introduction and Action
Approved on Consent Agenda
(A29) Ordinance 51-O-19, Approval to Amend City Code 3-4-6
“Classification and License Fees” to Create a New Class R-1 Liquor
License
The Liquor License Commissioner recommends City Council adoption of
Ordinance 51-O-19, amending City Code 3-4-6 “Classification and License
Fees” to add Class R-1 to the Liquor Code to allow for alcoholic beverage
sales at Welsh-Ryan arena. This item was held at the June 10, 2019 City
Council meeting. .
Motion to table Agenda Item
Passed 6-3 Ald. Fiske, Wilson and Rue Simmons voted “No”
For Action
Item was tabled
Motion: Ald.
Revelle
Watch
(A30) Ordinance 62-O-19, Amending Portions of City Code to Institute
Building Permit Cancellation Fee Schedule
City Council adopted Ordinance 62-O-19, amending portions of Ordinance
136-O-18 Permit Fee Schedule to assess a cancellation fee to all building
permit cancellations resulting in a refund request. Cancellation fee will be
$25 for permits issued with a permit fee of $150 or less and $50 for
permits issued with a permit fee greater than $150. Funding will be
provided from the Fee Revenue to Building and Inspection Services –
Building Permits (Account 100.21.2126.52080).
For Action
Approved on Consent Agenda
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(A31) Ordinance 61-O-19, Amending Portions of City Code Regarding
the City of Evanston Occupation of Public Way Permit Fee Schedule
City Council adopted Ordinance 61-O-19, amending portions of City Code
Chapter 2 - Streets, Sidewalks and Public Ways to assess a cancellation
fee to all Occupation of Public Way permit cancellations resulting in a
refund request. Occupation of Public Way permit types are Right of Way,
Sidewalk Cafe, Moving Vehicle Parking and Storage Container. The
cancellation fee will be $25 for permits issued with a permit fee of $150 or
less and $50 for permits issued with a permit fee greater than $150.
Funding will be provided from Fee Revenue to Public Works Agency -
Occupation of Public Way Permits (Account 100.40.4105.52126).
For Action
Approved on Consent Agenda
(P1) Approval to Issue a Request for Qualifications (RFQ) for the
Property at 1714-1720 Chicago Avenue
Staff recommends that the City Council authorize the City Manager and/or
his designee to issue a request for qualifications to identify interest by
parties for the redevelopment of the property at 1714-1720 Chicago
Avenue with following terms: Qualifications Summary Statement,
Development Team Overview, Representative Projects and/or Experience,
Current Projects, Financial Information, References and Points of Contact
for Project.
For Action
Failed in Committee
Motion: Ald.
Rue Simmons
Watch
(P2) Ordinance 73-O-19, Granting Major Zoning Relief to Construct a
Second Story Addition at 1124 Florence Ave.
City Council adopted Ordinance 73-O-19 granting major zoning relief to
construct a second story addition for livework units with a 7’ south interior
side yard setback for an eave where 9’ is required, and for three parking
spaces where four parking spaces are required, in the B1 Business
District. The applicant has complied with all zoning requirements and
meets all of the standards for a variation for this district. Ald. Braithwaite
requests suspension of the rules for introduction and action at the July 8,
2019 City Council meeting.
For Introduction and Action
Approved on Consent Agenda
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(P3) Ordinance 64-O-19, Major Zoning Relief for a Curb Cut and
Driveway to the Street at 2650 Sheridan Road – Variations in the R1
District
City Council denied Ordinance 64-O-19 authorizing a major variation to
establish a curb cut and driveway from the street frontage (Sheridan Rd.)
on a newly subdivided property with alley access in the R1 Single Family
Residential District. The property currently features a single family
residence with a curb cut and driveway from the street frontage. The
existing single family residence will be demolished and a new residence
will be constructed. The proposal does not meet the Standards for
Variation, specifically the proposal is not keeping with the intent of the
Zoning Ordinance, does not have a hardship or practical difficulty peculiar
to the property, is based upon a desire to extract additional income from
the property, and is not limited to the minimum change necessary.
For Action
Passed 9-0
Watch
(P4) Ordinance 54-O-19, Amending Various Parts of Title 6, “Zoning,”
of the Evanston City Code To Conform with the City of Evanston
Inclusionary Housing Ordinance – Zoning Text Amendment
City Council adopted Ordinance 54-O-19, amending various parts of Title
6, “Zoning,” of the Evanston City Code to conform with the City of
Evanston Inclusionary Housing Ordinance to revise density and parking
bonuses established by the City of Evanston’s revised Inclusionary
Housing Ordinance (IHO), 107-O-18.
For Action
Approved on Consent Agenda
(O1) Resolution 72-R-19, Amending City Council Rules to Address
Remote Public Comment Participation
The Rules Committee recommends that the City Council adopt Resolution
72-R19, amending City Council Rule 6, “Citizen Participation,” to state that
only individuals attending the meeting in person may participate in public
comment and no electronic participation will be allowed.
For Action
Item held until July 22nd meeting
Motion: Ald.
Revelle
Watch
Watch
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(O2) Resolution 73-R-19, Amending City Council Rules to Address
Signage in the Council Chambers
The Rules Committee recommends City Council adoption of Resolution
73-R-19, amending City Council Rule 6, “Citizen Participation,” to address
members of the public signs in the Council Chambers.
For Action
Item held until July 22nd meeting
Watch
(APP1) For Appointment to:
Library Board - Terry Soto
Terry Soto is a consultant and facilitator for the UIC Center for Public
Safety and Justice. Previously, Terry worked for the North Lawndale
Employment Network, where she co-developed and co-facilitated racial
healing training as well as provided job readiness training to participants.
Her community activities range from being a member of the YWCA’s
Racial Justice Committee to being past president of the Oakton Gables
Condominium Association. Proficient in both Spanish and French, Terry
continues to be an active Evanston Public Library patron and an avid
reader.
For Action
Approved on Consent Agenda
Call of the Wards
Ward
1:
No Report Watch
Ward
2:
Neighborhood meeting starting at 6:45 p.m. at 1818 Dempster to discuss the
future location of Curt’s Café. Second neighborhood meeting at 7:30 p.m. at Erie
Family Center.
Watch
Ward
3:
Ward meeting on Thursday July 25 at Charavalle Montessori School starting at
7:00 p.m.
Watch
Ward
4:
No Report Watch
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Ward
5:
Ward meeting on July 10 at 7:00 p.m. at the Civic Center. Watch
Ward
6:
No Report Watch
Ward
7:
No Report Watch
Ward
8:
Ward meeting on July 30 at the Levy Senior Center. Topics will include an
extension of TIF district, cannabis, reproductive health and affordable housing.
Watch
Ward
9:
Ward meetings have been moved from Thursday to Wednesday. There will be a
Ward meeting on Wednesday July 17 at 7:00 p.m. at the Levy Senior Center.
Made a referral to Parking & Transportation to provide an official analysis of the
Sunday bus and ADA accessible transportation.
Watch
Adjournment
Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote
the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote
was taken and by a unanimous vote (8-1) City Council recessed into Executive Session.
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To: Honorable Mayor and Members of the City Council
From: David D. Stoneback, Public Works Agency Director
Subject: Inclining Block Water Rate
Date: July 11, 2019
Recommended Action:
Staff recommends that the City Council consider establishing an inclining block water
rate structure that would increase water rates based on water consumption while
allowing the establishment of an affordable combined water and sewer rate.
Funding Source:
N/A
Livability Benefits:
Equity & Empowerment – Support poverty prevention and alleviation
Background:
Since January 1, 2015, the Evanston combined water / sewer rate has been $6.13 per
100 cubic feet of water. This is equivalent to $8.19 per 1,000 gallons. Beginning in
2017, rate adjustments have been made, lowering the sewer rate and increasing the
water rate, but keeping the total combined rate at $6.13 per 100 cubic feet. Staff
recommends an 11% water rate increase and an 8.84% sewer rate decrease effective
January 1, 2020. As indicated in Table 1, the combined water / sewer rate will remain at
$6.13 per 100 cubic feet.
Memorandum
For City Council meeting of July 15, 2019 Item SP2
Business of the City by Motion: Inclining Block Water Rate
For Discussion
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Table 1: Evanston Combined Water and Sewer Rates per 100 Cubic Feet
2017 2018 2019 2020 2021
Sewer Rate per 100 CF $3.82 $3.66 $3.39 $3.09 $3.09
Water Rate per 100 CF $2.31 $2.47 $2.74 $3.04 $3.04
Total Water & Sewer Rate $6.13 $6.13 $6.13 $6.13 $6.13
Total Percent Change 0% 0% 0% 0% 0%
During the 2019 budget process, staff was asked to consider a tiered water rate
requiring larger users to pay more. A response to this request was provided in a memo
dated October 19, 2018 and is attached for reference.
Staff studied several different methods of establishing the different tiers, but chose a
model that set the tiers, or blocks, in a way that assures water revenue requirements
will be realized, while using the additional revenue generated by the higher rates
charged to the top blocks to offset a reduced rate charged to the lowest block. The
reduced rate charged at the lowest block is often referred to as a “lifeline rate” or an
“affordable rate”.
Affordable Rate Analysis:
Historically, the Median Household Income (MHI) Method was used to determine if a
municipality could afford the debt service associated with a large water or sewer project.
If they could, then the municipality was considered to have an affordable rate. But this
method has flaws since it doesn’t take into consideration affordability for low-income
households.
Two new methods are now being used to consider if the combined water / sewer rate is
affordable.
1) Affordable Rate (AR) Method – This method is the ratio of a water and sewer bill
to disposable household income for a low-income customer. For a combined
water and sewer rate anything less than 10% is considered affordable, meaning,
no more than 10% of a household’s disposable income should be used on water
and sewer service.
2) Hours Labor at Minimum Water (HM) Method – This method calculates the
necessary amount of hours worked at minimum wage to pay for a water and
sewer bill. For a combined water and sewer rate no more than 8 hours should be
worked to pay for water and sewer services.
Using the assumptions listed in Table 2 below, staff calculated the monthly cost of the
existing combined water / sewer rate and compared it to the three methods of
determining an affordable rate. As shown in Tables 3 & 4, the existing rate meets the
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requirements of HM method, but not the AR method. These tables also indicate what
the water rate would have to be considered an affordable rate using the AR method.
Table 2: Assumptions
Per Capita Usage - gallons consumed per day (gcpd) 100
Bi-monthly amount of water used per household (gal) 24,400
Median Household Income 1 $71,317
20th Percentile Household Income $24,900
Disposable income per month for those in the 20th percentile
Household Incomes 2 $824.94
Minimum Wage 3 $13
1 https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml?src=bkmk
2 Bureau of Labor Statistics’ 2015 Consumer Expenditure Survey
3 2020, Cook County
Table 3: Water and Sewer Rates
Current Rate Structure
(2020 proposed rates) Proposed Affordable Rate
Water Rate (per 100 cf) $3.04 $1.82
Sewer Rate (per 100 cf) $3.09 $3.09
Water Bill (monthly) $47.42 $30.57
Sewer Bill (monthly) $51.82 $51.82
Combined Water and Sewer Bill
(monthly) $99.25 $82.40
Combined Water and Sewer Bill
(bi-monthly) $198.49 $164.80
Table 4: Affordability
Metric Current Rate Structure
(2020 proposed rates)
Proposed Affordable
Rate
MHI Method < 4% 1.67% 1.39%
AR Method < 10% 12.03% 9.99%
HM Method < 8 hours 7.63 6.3
Inclining Block Water Rate Analysis:
Staff researched examples of inclining block rate structures and found one with a
primary goal to set blocks or tiers in a way that assures that all costs will be covered.
Based on the excess revenue generated by the higher rates, a minimal rate can be
established to create an affordable rate. Staff recommends a tier system based on
units with one unit equaling 100 cubic feet of water consumed. Each tier is made up of a
range of water consumption and usage that falls within each tier is charged a set
amount. The system is as follows:
Tier 1 – Minimum Charge Rate. Similar to the current rate structure, this is a minimum
charge every two months based upon water meter size. The minimum charge includes
the first five hundred cubic feet (5 units) of water consumed. With the proposed 11%
rate increase in 2020, this cost will be $10.88 every two months and is well below the
proposed affordable rate.
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Tier 2 – Affordable Rate. The affordable rate assumes a family of 4 people each using
100 gallons of water per day. Therefore this rate is provided for customers that use
between 6 and 32 units and the rate is established in order to comply with the new
methods of determining an affordable rate. The proposed water rate would be $1.82/
unit for each unit consumed over the minimum charge of 5 units.
Tier 3 – Base Rate. This rate is similar to the current rate structure for customers that
use less than 125% of the average winter use. Therefore this rate is for customers that
use between 33 and 42 units per billing period. With the proposed 11% rate increase
the water rate would be $3.04/ unit.
Tier 4 – 125% Rate. This rate is for customers that use over 125% of the average
winter usage (Base Rate volume) but less than the volume established for the Tier 5
rate. Based on the calculation of Tier 3 and Tier 5 rates, this rate would be for
customers that use between 43 and 1,299 units per billing period. The proposed water
rate for this tier is $3.80/ unit. This rate is 125% of the Base Rate.
Tier 5 – 200% Rate. This rate is for customers that typically use 10 – 20% of the total
volume of water used in the community. In Evanston, approximately 30 customers use
18% of the total water used and they use over 1,300 units per billing period. The
proposed water rate for this tier is $6.08/ unit. This rate is 200% of the Base Rate.
Table 5 indicates the water usage and billing information for customers during the winter
months of 2018, and Table 6 indicates the water usage and billing information for
customers during the summer months of 2018. These exhibits indicate that there are
approximately 14,300 water customers and that the total units billed ranges from
472,799 in the winter months to 530,912 units in the summer months.
Table 5: All Users (January and February, billed in March 2018)
From
xx
Units
To xx
Units
# of
Customers
% of Total
Customers
Total
Usage
(Units)
% of
Total
Usage
2020
Inclining
Block
Rates
2020 Total
Revenue
(Inclining
Block Rate
Structure)
2020 Total
Revenue
(Existing Rate
Structure)
Tier 1
(Minimum
Charge
Rate)
0 5 2,214 15% 6,425 1% $10.88 $24,088.32 $24,088.32
Tier 2
(Affordable
Rate)
6 32 10,441 73% 139,717 30% $1.82 $272,869.92 $379,634.56
Tier 3
(Base Rate) 33 42 355 2% 13,062 3% $3.04 $26,481.18 $38,174.88
Tier 4
(125% Rate) 43 1,299 1,314 9% 229,969 49% $3.80 $782,979.68 $693,429.28
Tier 5
(200% Rate) 1,300 27 0.2% 83,626 18% $6.08 $426,611.78 $254,106.40
Totals - - 14,351 100% 472,799 100% - $1,533,030.88 $1,389,433.44
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Table 6: All Users (May and June, billed in July 2018)
From
xx
Units
To xx
Units
# of
Customers
% of Total
Customers
Total
Usage
(Units)
% of
Total
Usage
2020
Inclining
Block
Rates
2020 Total
Revenue
(Inclining Block
Rate Structure)
2020 Total
Revenue
(Existing Rate
Structure)
Tier 1
(Minimum
Charge
Rate)
0 5 1,844 13% 5,427 1% $10.88 $20,062.72 $20,062.72
Tier 2
(Affordable
Rate)
6 32 10,316 72% 147,874 28% $1.82 $287,493.16 $404,971.84
Tier 3
(Base Rate) 33 42 554 4% 20,480 4% $3.04 $38,630.96 $59,865.92
Tier 4
(125% Rate) 43 1,299 1,543 11% 261,194 49% $3.80 $885,792.46 $787,364.00
Tier 5
(200% Rate) 1,300 31 0.2% 95,937 18% $6.08 $489,339.06 $291,514.56
Totals - - 14,288 100% 530,912 100% - $1,721,318.36 $1,563,779.04
These tables also indicate the following:
• Approximately 14% of the customers use 5 or less units of water during a 2-
month billing period.
• Approximately 72% of the customers would be charged the affordable rate if
an inclining block water rate was implemented.
• Approximately 3% of the customers would be charged the base rate if an
inclining block water rate was implemented.
• Approximately 10% of the customers would be charged the 125% rate if an
inclining block water rate was implemented.
• Approximately 0.2% (30 customers) would be charged the 200% rate if an
inclining block water rate was implemented.
• The savings realized by the customers charged the affordable rate and the
base rate would be offset by the additional charge to the customers in the
125% rate and 200% rate.
• The revenue collected by the water fund would increase by approximately
$150,000 per bi-monthly billing period
Exhibit 1 provides information regarding the 31 customers that would be charged the
Tier 5 – 200% Rate during the summer months. Please note that a customer that uses
over 1,300 units is not billed $6.08 for every unit. Instead they are billed the rate for
each Tier until they use more than 1,300 units. Table 7 provides an example of this for
the largest water user.
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Table 7: Example Calculation - Breakdown of Charge
Description
(units)
Water Used
(units) Rate Charge
Tier 1 0 – 5 5 $10.88 $10.88
Tier 2 6 – 32 27 $1.82 $49.14
Tier 3 33 – 42 10 $3.04 $30.40
Tier 4 43 – 1,299 1,256 $3.80 $4,776.60
Tier 5 1,300 + 21,637 $6.08 $131,546.88
Total - 22,935 - $136,413.90
The estimated additional annual revenue to the water fund as a result of implementing
an inclining block water rate would be approximately $903,000 as indicated in Table 8
below.
Table 8: Estimated Annual Revenue Increase / Decrease
Increase/Decrease
in Revenues
Summer Usage
Increase/Decrease
in Revenues
Winter Usage
Average
Increase/Decrease
in Revenues per
Billing Period
Average Annual
Increase/Decrease
in Revenues
Tier 1 $0 $0 $0 $0
Tier 2 ($117,479) ($106,765) ($112,122) ($672,730)
Tier 3 ($21,235) ($11,694) ($16,464) ($98,786)
Tier 4 $98,428 $89,550 $93,989 $563,937
Tier 5 $197,825 $172,505 $185,165 $1,110,990
Totals $157,539 $143,597 $150,568 $903,410
Attachments:
October 2018 Budget Memorandum
Exhibit 1 – List of customers in the proposed Tier 5, 200% rate
Map showing location of customers in the proposed Tier 5, 200% rate
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1
To: Honorable Mayor Hagerty and Members of the City Council
From: Budget Team
Subject: 2019 Proposed Budget
Date: October 19, 2018
Question: What would a tiered water rate model look like with heavy consumers
paying more?
Response:
Staff has not previously looked into this option, commonly known as an “inclining rate
block” in depth because this type of rate is generally used as a conservation rate
structure in areas like California and Georgia were there are water shortages.
One methodology to create an inclining rate block fee structure is to create a minimum
of three rates.
Tier 1 would be the base rate and would be the rate charged for water usage up to
125% of the average winter use.
The Tier 2 rate would be a minimum of 25% higher than the Tier 1 rate. The volume of
water usage in this tier would be upper end of the first tier and the lower end of the third
tier.
The Tier 3 rate would be a minimum of 200% of the Tier 1 rate. This targets the highest
5-10% of the customers who typically use 10-20% of the total volume of water used.
This type of rate structure bears some risk because it can generate less revenue than
expected. Because the Tier 3 rate is so high, larger water users implement water
conservation measures and decrease their water usage to get into the Tier 2 rate. If
they are successful, the City would not realize the revenue they anticipated and have a
budget shortfall.
Staff has not been able to gather the information needed to provide further information
on this request to date. We will continue to pursue this and provide a proposed rate
structure at a later date.
Memorandum
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EXHIBIT 1
Customers in the proposed Tier 5, 200% Rate
Customer Units
Billed
Additional
Charge
per Billing
Period
Estimated
Annual
Additional
Charge
1 NWU PHYSICAL PLANT 1855 SHERIDAN RD 22,935 66,696 $ 400,175 $
2 NORTHSHORE UNIV HLTH SYSTEMS 2650 RIDGE AV 8,610 23,148 $ 138,887 $
3 NWU PHYSICAL PLANT 580 LINCOLN ST 7,132 18,655 $ 111,928 $
4 MADISON SQ VALUE ENH FUND LP 1630 CHICAGO AV 3,790 8,495 $ 50,970 $
5 E T H S / SCHOOL 1600 DODGE AV 3,713 8,261 $ 49,566 $
6 NORTH SHORE HOTEL 1611 CHICAGO AV 2,874 5,710 $ 34,262 $
7 WESTMINISTER PLACE 3200 GRANT ST 2,773 5,403 $ 32,420 $
8 ALBANY HOUSE 901 MAPLE AV 2,714 5,224 $ 31,344 $
9 MATHER LIFEWAYS 425 DAVIS ST 2,583 4,826 $ 28,954 $
10 MCGAW YMCA 1000 GROVE ST 2,452 4,428 $ 26,565 $
11 EVANSTON ORRINGTON HOTEL LLC 1710 ORRINGTON AV 2,417 4,321 $ 25,927 $
12 1890 MAPLE LLC 1890 MAPLE AV 2,290 3,935 $ 23,610 $
13 1ST SERV RES/OPTIMA HORIZONS 800 ELGIN RD 2,198 3,655 $ 21,932 $
14 THE RESIDENCES OF SHERMAN PLZ 807 DAVIS ST 2,123 3,427 $ 20,564 $
15 WESTMINISTER PLACE 3200 GRANT ST 1,950 2,901 $ 17,409 $
16 RESURRECTION HEALTH CARE 355 RIDGE AV 1,947 2,892 $ 17,354 $
17 RESURRECTION HEALTH CARE 355 RIDGE AV 1,885 2,704 $ 16,223 $
18 HOME DEPOT #1902 2201 OAKTON ST 1,779 2,382 $ 14,289 $
19 BEST WESTERN 1501 SHERMAN AV 1,723 2,211 $ 13,268 $
20 OPTIMA VIEWS 1720 MAPLE AV 1,680 2,081 $ 12,484 $
21 RESERVE AT EVANSTON 1930 RIDGE AV 1,638 1,953 $ 11,718 $
22 EVANSTON PLACE (IL) 039034 1735 CHICAGO AV 1,624 1,910 $ 11,462 $
23 1210-36 CHICAGO AV CONDO ASSOC 1210 CHICAGO AV 1,607 1,859 $ 11,152 $
24 AMLI EVANSTON 737 CHICAGO AV 1,537 1,646 $ 9,875 $
25 THE RESIDENCES OF SHERMAN PLZ 807 DAVIS ST 1,523 1,603 $ 9,620 $
26 WHOLE FOODS #10076 1640 CHICAGO AV 1,503 1,543 $ 9,255 $
27 THREE CROWN PARKS 2323 MCDANIEL AV 1,479 1,470 $ 8,817 $
28 NWU PHYSICAL PLANT 1927 ORRINGTON AV 1,437 1,342 $ 8,051 $
29 NORTHSHORE UNIV HLTH SYSTEMS 2650 RIDGE AV 1,372 1,144 $ 6,866 $
30 NWU PHYSICAL PLANT 584 LINCOLN ST 1,343 1,056 $ 6,337 $
31 B BEIDLER % LARK MGT CO 1275 HARTREY AV 1,306 944 $ 5,662 $
Property Address
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NORTH
SHORE
CHANNEL
NORTH
SHORE
CHANNEL
L A K E
M I C H I
G A N
McCORMICK BLVD
SHERIDAN RD
PARK PL
ASHLAND
AVE
DODGE
AVE
HURD AVE
GIRARD
AVE
LEE ST
OAK
AVE
SHERIDAN PL
RIDGE
CT
GREEN
BAY
RD
THAYER ST
PRATT CT
GRANT
JENKS ST
HAVEN ST
PAYNE ST
LEON PL
POPLAR
AVE
GREY
AVE
HARRISON ST
PRAIRIE
AVE
REBA PL
COLFAX ST
LEMAR AVE
MARCY
AVE
DAVIS ST
MAPLE
AVE
HARTZELL ST
LIBRARY PL
SIMPSON ST
CLYDE AVE
BROWN
AVE
GREELEY
PITNER ALY
LAUREL AVE
HINMAN
AVE
DEWEY
AVE
EWING
AVE
COWPER
AVE
KIRK ST
HOVLAND CT
JUDSON
AVE
GARRETT PL
ARBOR
LN
FOREST
AVE
INGLESIDE
PK
GREY AVE
ST. MARK'S
CT
EMERSON ST
CAMPUS
DR
SHERMAN
AVE
WILDER ST
MILBURN PK
GARRISON AVE
THELIN
CT
FOREST
PL
ASBURY
AVE
MICHIGAN
AVE
WESLEY
AVE
LELAND
AVE
CENTRAL ST
CALLAN AVE
RIDGE TER
HULL TER
HOWARD ST
ISABELLA ST
GROSS
POINT RD
CUSTER
AVE
EMERSON ST
LYONS ST
FOWLER
AVE
CLARK
ST
DARROW AVE
PIONEER
RD
HASTINGS AVE
HARTREY
AVE
BRUMMEL ST
PRINCETON AVE
PROSPECT
AVE
HAMLIN ST
PAYNE
ELM
AVE
CASE PL
RIDGEWAY AVE
MULFORD ST
MICHIGAN AVE
LAWNDALE AVE
CHURCH ST
CRAIN ST
DEMPSTER ST
JACKSON
AVE
KEDZIE ST
CLINTON PL
McDANIEL
AVE
ELMWOOD AVE
SEWARD ST
ROSLYN PL
EAST RAILROAD AVE
FLORENCE AVE
BENSON AVE
SHERMAN PL
CULVER
FORESTVIEW
RD
MARTHA
LN HAWTHORNE
LN
WADE
CT
BROWN AVE
CROFT
LN
COLFAX
TER
BROWN
GREY
BRIDGE
ST
CALVIN
CIR
BROWN
AVE
RICHMOND
AVE
NORMANDY
PL
WOODLAND
RD
ELINOR
PL
KEENEY ST
SOUTH BLVD
HAMILTON ST
GREENWOOD ST
UNIVERSITY PL
REESE
AVE
AUTOBARN PL
GAFFIELD PL
LINCOLNWOOD DR
CRAWFORD
AVE
LEONARD PL
CENTRAL
PARK
AVE
BENNETT
AVE
MADISON PL
BRADLEY PL
GREENLEAF ST
WALNUT
AVE
ROSALIE ST
BURNHAM PL
WARREN ST
LIVINGSTON
WASHINGTON ST
CLEVELAND ST
MONTICELLO PL
NATHANIEL PL
HARVARD TER
WOODBINE AVE
MAPLE
AVE
DOBSON ST
DEWEY
AVE
DARROW AVE
DEWEY
AVE
INGLESIDE PL
RIDGE AVE
ASBURY
AVE
FOWLER
AVE
HARTREY
AVE
CASE ST
SOUTH BLVD
ASHLAND
AVE
SHERMAN AVE
LYONS ST
STEWART
AVE
MARCY
AVE
WELLINGTON
CT
CLEVELAND ST
MONROE ST
LINDEN PL
LAKE
SHORE
BLVD
KNOX
CIR
HILLSIDE
LN
TRINITY
CT
SHERIDAN
SQ
EDGEMERE
CT
GREEN BAY RD
GARNETT
PL
CENTRAL ST
HARRISON
RIDGE
AVE
PAYNE ST
WESLEY
AVE
CHURCH ST
HARTZELL ST
PRAIRIE AVE
DODGE AVE
OAKTON ST
SOUTH BLVD
CRAIN
McDANIEL
AVE
PITNER
AVE
LEE ST
ASHLAND
AVE
GROVE ST
FOSTER ST
ASBURY
AVE
BARTON
AVE
GRANT ST
BRYANT AVE
JUDSON
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SHERMAN AVE
COLFAX ST
ISABELLA ST
DAVIS ST
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RIDGE AVE
ASBURY AVE
THAYER CT
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HAYES
DARTMOUTH
PL
COLFAX
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CRAWFORD
LINCOLNWOOD
DR
LIVINGSTON ST
CHANCELLOR ST CHANCELLOR
LIVINGSTON
MILBURN ST
LAKESIDE
CT
EUCLID
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WESLEY
CLARK ST
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GREY
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McDANIEL AVE
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NOYES
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ELGIN RD
ELMWOOD
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COLFAX ST
HINMAN
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SIMPSON ST
WESLEY
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ARNOLD
PL
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CALLAN
PARK PL
JUDSON
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NOYES ST
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ASHLAND
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HOWARD ST
NOYES
GLENVIEW RD
PRINCETON
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LAWNDALE
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DARTMOUTH
PL
ARTS
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ORRINGTON
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PL
DRYDEN
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0 0.5 1 1.5 2 0.25
Miles
Location of Customers in the Proposed
Tier 5 - 200% Rate
07/11/2019
This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.
Tier5Customers.mxd
´
1:31,680
1 inch = 0.5 mile
Location of Customers
Using 1,300+ Units
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For City Council meeting of July 15, 2019 Item SP3
Resolution 76-R-19 – Central Street Bridge Right-of-Way IDOT Funding
For Action
To: Honorable Mayor and Members of the City Council
From: David Stoneback, Public Works Agency Director
Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer
Sat Nagar, P.E., Senior Project Manager
Subject: Illinois Department of Transportation Local Public Agency Agreement for
Federal Funding Participation to Purchase Right-of-Way for Central Street
Bridge Reconstruction Project
Date: July 11, 2019
Recommended Action:
Staff recommends approval of Resolution 76-R-19 authorizing the City Manager to sign
a Local Public Agency Funding Agreement for Federal Participation with the Illinois
Department of Transportation (IDOT) for the Central Street Bridge Replacement Right-
of-Way Purchase for a not-to-exceed cost of $700,000. The Agreement establishes the
maximum grant funding at 80% of the right-of-way purchase (up to $560,000), and
commits the City of Evanston to fund the remainder.
Funding Source:
Funding will be from the Capital Improvement Fund 2019 General Obligation Bonds
which has a budget of $560,000 for this project (Account No. 415.40.4119.62415 –
416513). The City will ultimately be responsible for only 20% of the cost ($140,000).
The remaining 80% of the acquisition cost ($560,000) is funded through the Surface
Transportation Program – Bridge Program (STP-BR) federal grant funds. The City will
be invoiced its share of the cost by IDOT as the work is completed.
Livability Benefits:
Built Environment: Enhance public spaces; Provide compact and complete streets and
neighborhoods
Equity & Empowerment: Ensure equitable access to community assets
Health & Safety: Promote healthy, active lifestyles
Background:
The Central Street Bridge over the North Shore Channel is under the jurisdiction of the
City of Evanston. The bridge was constructed by the Metropolitan Water Reclamation
District in 1906 and the ownership of the bridge was transferred to the City of Evanston
Memorandum
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at that time. In April of 2015, the Illinois Department of Transportation (IDOT) informed
Evanston that there was severe deterioration of the Central Street Bridge concrete
columns. Construction plans and specifications for the emergency bridge repair were
prepared and the temporary repair of the columns was completed in October 2015.
The City submitted a request to IDOT for Highway Bridge Program Funds in June 2015
to reconstruct the bridge and IDOT approved the funding for Central Street Bridge
Rehabilitation/ Replacement in July 2016. Stanley Consultants Inc. was selected to
provide the engineering services for Phase I, Phase II & Phase III Engineering through
the federally mandated Qualification Based Selection (QBS) process. The Phase I
Engineering was completed in a timely manner and design approval was received from
IDOT.
Analysis:
The City Council awarded the Phase II Engineering Services for the reconstruction of
the Central Street Bridge replacement to Stanley Consultants on June 25, 2018. The
scope of the Phase II Design includes preparation of the construction plans, project
specifications and the construction cost estimate for IDOT approval and to let the
project through the State contract. For the proposed bridge cross-section, additional
land is required on both north and south side of the existing bridge. Currently the City
has an easement for the land with MWRD along the channel on both sides of the
bridge. As per the IDOT right-of-way guidelines, the new bridge cannot be constructed
on the easement land and City of Evanston must follow the Federal Uniform Act to
purchase the land to qualify for federal funds for the Central Street Bridge Replacement
Project. This means that the City of Evanston must own the underlying land to
construct a permanent bridge structure. Federal funding in the form of the STP-BR
program will pay for 80% of the cost for the right-of-way and the associated appraisal
process to acquire the right-of-way, up to $560,000. The City is responsible for 20%
local match for the right-of-way cost.
The right-of-way funding agreement takes six to nine months for approval by IDOT
Springfield Office. After the approval of federal participation to purchase the land, the
City will negotiate the purchase of land with MWRD using a land appraiser. After
purchasing the land and certification of the right-of-way by IDOT, the construction
contract will be advertised for bidding through IDOT. Because of the time involved in
getting the funding agreement approved for right-of-way and the land acquisition
process, the Central Street Bridge Project revised bidding schedule will be in July 2020
with construction starting in 2021 and to be completed in 2022.
Legislative History:
The City Council approved award of the Phase II Engineering contract to Stanley
Consultants at the June 25, 2018 Council meeting.
The City Council approved award of the Phase I Engineering contract to Stanley
Consultants at the April 25, 2016 Council meeting.
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Attachments:
Resolution 76-R-19 with Local Public Agency Agreement for Federal Participation
Copy of Right-of-Way Map
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7/11/2019
76-R-19
A RESOLUTION
Authorizing the City Manager to Sign a Local Agency Agreement for
Federal Participation with the Illinois Department of Transportation
for the Central Street Bridge Replacement Project and Authorizing
Funding to Purchase Property
WHEREAS, the City of Evanston and Illinois Department of Transportation
(hereinafter “IDOT”), in the interest of improving the overall structure of the Central Street
Bridge, are desirous of replacing the existing bridge structure and replacing it with a
wider structure over the North Shore Channel, said improvement to be identified as State
Section Number: 16-00278-00-BR, State Job Number: R-91-301-16, and Project Number:
BRM-9003(759), hereinafter referred to as the “Project”; and
WHEREAS, the parties hereto are desirous of said Project because it will
have immediate benefit to the residents of the area and permanent in nature; and
WHEREAS, the State of Illinois and the City of Evanston wish to avail
themselves of federal money committed to fund the replacement of the bridge and
purchase real property from the Metropolitan Water Reclamation District for the price of
$700,000 (.304 acres) (“Property Purchase”) which is necessary for this Project; and
WHEREAS, the City Council of the City of Evanston hereby determines it
is in the best interests of the City to enter into the Local Agency Agreement with said
parties,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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76-R-19
~2~
SECTION 1: The City Manager is hereby authorized to sign and the City
Clerk is hereby authorized to attest to the local Agency Agreement for Federal
Participation with the Illinois Department of Transportation to fund the Property Purchase
for the new bridge, attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Local Agency Agreement as he may
determine to be in the best interests of the City.
SECTION 3: That this Resolution 76-R-19 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
_______________________________
Stephen H. Hagerty, Mayor
Attest:
_______________________________
Devon Reid, City Clerk
Adopted: __________________, 2019
Approved as to form:
_______________________________
Michelle L. Masoncup, Corporation
Counsel
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EXHIBIT A
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Local Public Agency Agreement
for Federal Participation
BLR 05310 (Rev. 06/13/19) Page 1 of 6 Printed 07/12/19
LOCAL PUBLIC AGENCY
Local Public Agency
City of Evanston
County
Cook
Section Number
16-00278-00-BR
Fund Type
STP-BR
ITEP, SRTS, HSIP Number(s) MPO Name
CMAP
MPO TIP Number
02-16-0016
Construction on State Letting Construction Local Letting Day Labor Local Administered Engineering Right-of-Way
Construction Engineering Right of Way
Job Number Project Number Job Number Project Number Job Number
R-90-003-20
Project Number
H8D6(312)
This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of
Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose to
improve the designated location as described below. The improvement shall be consulted in accordance with plans prepared by, or on
behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal
Highway Administration, hereinafter referred to as "FHWA".
LOCATION
Stationing
Local Street/Road Name
Central Street
Key Route
FAU 1301
Length
0.1 mi
From
103+00
To
109+00
Location Termini
AT North Shore Channel
Current Jurisdiction
LPA
Existing Structure Number(s)
016-6951 Add Location
PROJECT DESCRIPTION
Provide funds for the purchase of two (2) parcels from the MWRDGC for the Central Street bridge replacement
project.
LOCAL PUBLIC AGENCY APPROPRIATION - REQUIRED FOR STATE LET CONTRACTS
By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to
fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum.
METHOD OF FINANCING - (State-Let Contract Work Only)
Check One
METHOD A - Lump Sum (80% of LPA Obligation
Lump Sum Payment - Upon award of the contract for this improvement, the LPA will pay the STATE within thirty (30) calendar days of
billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the
STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum within thirty (30) calendar days of billing
in a lump sum, upon completion of the project based on final costs.
METHOD B - Monthly Payments of due by the of each successive month.
Monthly Payments - Upon award of the contract for this improvement, the LPA will pay to the STATE a specified amount each month for
an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The
LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of
the project based upon final costs.
METHOD C - LPA's Share divided by estimated total cost multiplied by actual progress payment.
Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the
STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated
total cost multiplied by the actual payment (appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation
incurred under this agreement has been paid.
)
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BLR 05310 (Rev. 06/13/19) Page 2 of 6 Printed 07/12/19
Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C shall allow the STATE to internally offset, reduce,
or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on this
or any other contract. The STATE at its sole option, upon notice to the LPA, may place the debit into the Illinois Comptroller's Offset
System (15 ILCS 405/10.05) or take such other and further action as may be required to recover the debt.
THE LPA AGREES:
1. To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all
requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be
cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required.
2. To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private,
in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems.
3. To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction
of the proposed improvement.
4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied
by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional addendum is required.
5. To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by
addendum referred to in item 4 above) in a manner satisfactory to the STATE and the FHWA.
6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
7. To maintain for a minimum of 3 years after final project close out by the STATE, adequate books, records and supporting
documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract. The
contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the
Auditor General and the STATE. The LPA agrees to cooperate fully with any audit conducted by the Auditor General, the STATE,
and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by
this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the contract for
which adequate books, records and supporting documentation are not available to support their purported disbursement.
8. To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
9. To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.
10. (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and
services necessary to complete the project.
11. (Preliminary Engineering) In the event that right-of-way acquisition for, or construction of, the project for which this preliminary
engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following FHWA
authorization, the LPA will repay the STATE any Federal funds received under the terms of this agreement.
12. (Right-of-Way Acquisition) In the event construction has not commenced by the close of the twentieth fiscal year following FHWA
authorization using right-of-way acquired this agreement, the LPA will repay the STATE any Federal Funds received under the
terms of this agreement.
13. (Railroad Related Work) The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/
railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the
appropriate IDOT District Bureau of Local Roads and Streets Office. Engineer's Payment Estimates shall be in accordance with
the Division of Cost.
14. Certifies to the best of its knowledge and belief that it's officials:
a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction; violation of Federal or State antirust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property;
c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with
commission of any of the offenses enumerated in item (b) of this certification; and
d. have not within a three-year period preceding the agreement had one or more public transactions (Federal, State, Local)
terminated for cause or default.
15. To include the certifications, listed in item 14 above, and all other certifications required by State statutes, in every contract,
including procurement of materials and leases of equipment.
16. (STATE Contracts). That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract
to the responsible low bidder as determined by the STATE.
17. That for agreements exceeding $100,000 in federal funds, execution of this agreement constitutes the LPA's certification that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing
or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or
any employee of a member of congress in connection with the awarding of any federal contract, the making of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or
cooperative agreement.
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BLR 05310 (Rev. 06/13/19) Page 3 of 6 Printed 07/12/19
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a member of congress, an officer or employee of congress or an employee of a
member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit standard form - LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
c. The LPA shall require that the language of this certification be included in the award documents for all subawards (including
subcontracts, subgrants and contracts under grants, loans and cooperative agreements), and that all subrecipients shall certify
and disclose accordingly.
18. To regulate parking and traffic in accordance with the approved project report.
19. To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes.
20. To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in
accordance with the current Illinois Compiled Statutes.
21. To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to
justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project in which no
expenditures have been charged against federal funds for the past twelve (12) months.
22. (Reimbursement Requests) For reimbursement requests the LPA will submit supporting documentation with each invoice.
Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor
receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the
requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to
the STATE will be submitted with sequential invoice numbers by project.
23. (Final Invoice) The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting
documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work
or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most
recent invoice may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment
Record) is required to be submitted with the final invoice on the engineering projects.
24. (Project Closeout) The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the
physical completion date of the project so that the report my be audited and approved for payment. If the deadline cannot be met,
a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the
new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed.
Failure to follow this process may result in the immediate close-out of the project and loss of further funding.
25. (Project End Date) For Preliminary Engineering projects the end date is ten (10) years from the execution date of the agreement.
For Right-of-Way projects the end date is fifteen (15) years from the execution date of the agreement. For Construction projects
the end date is five (5) years for projects under $1,000,000 or seven (7) years for projects over $1,000,000 from the execution
date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to
expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of
further funding.
26. (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an
audit made in accordance with 2 CFR 200. LPA's expending less than $750,000 a year shall be exempt from compliance. A copy
of the audit report must be submitted to the STATE (Office of Internal Audit, Room 201, 2300 South Dirksen Parkway, Springfield,
Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year.
The CFDA number for all highway planning and construction activities is 20.205.
27. That the LPA is required to register with the System for Award Management or SAM, which is a web-enabled government-wide
application that collects, validates, stores, and disseminates business information about the federal government's trading partners
in support of the contract award and the electronic payment processes. To register or renew, please use the following website:
https://www.sam.gov/SAM/
28. (Required Uniform Reporting) To comply with the Grant Accountability and Transparency Act (30 ILCS 708) that requires a
uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using IDOT's BoBS
2832 form available on IDOT's web page under the "Resources" tab. Additional reporting frequency may be required based upon
specific conditions, as listed in the accepted Notice of State Award (NOSA). Specific conditions are based upon the award
recipient/grantee's responses to the Fiscal and Administrative Risk Assessment (ICQ) and the Programmatic Risk Assessment
(PRA).
NOTE: Under the terms of the Grant Funds Recovery Act (30 ILCS 705/4.1), "Grantor agencies may withhold or suspend the
distribution of grant funds for failure to file requirement reports" if the report is more than 30 calendar days delinquent, without any
approved written explanation by the grantee, the entity will be placed on the Illinois Stop Payment List. (Refer to the Grantee
Compliance Enforcement System for detail about the Illinois Stop Payment List: https://www.illinois.gov/sites/GATA/Pages/
ResourceLibrary.aspx)
THE STATE AGREES:
1. To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of
the LPA's certification of compliance with Title II and III Requirements.
2. (State Contracts) To receive bids for construction of the proposed improvement when the plans have been approved by the
STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement after receipt of a
satisfactory bid.
3. (Day Labor) To authorize the LPA to proceed with the construction of the improvement when agreed unit prices are approved,
and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the agreed unit prices
and engineer's pay estimates in accordance with the division of cost page.
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BLR 05310 (Rev. 06/13/19) Page 4 of 6 Printed 07/12/19
4. (Local Contracts) For agreements with federal and/or state funds in engineering, right-of-way, utility work and/or construction
work:
a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient
cost information and show evidence of payments by the LPA;
b. To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by
STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE.
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
IT IS MUTUALLY AGREED:
1. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard
Specifications for Road and Bridge Construction and federal Buy America provisions.
2. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve
the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this agreement.
3. This agreement shall be binding upon the parties, their successors and assigns.
4. For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR
part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award
and administration of USDOT - assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by
USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved
program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). In the
absence of a USDOT - approved LPA DBE Program or on state awarded contracts, this agreement shall be administered under
the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program.
5. In cases where the STATE is reimbursing the LPA, obligation of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year, the Illinois General Assembly or applicable federal funding source fails to appropriate
or otherwise make available funds for the work contemplated herein.
6. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or
amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of the act exempt its
application.
1. Location Map
2. Division of Cost
-
Add Row
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BLR 05310 (Rev. 06/13/19) Page 5 of 6 Printed 07/12/19
The LPA further agrees as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this agreement
and all Addenda indicated above.
APPROVED APPROVED
Name of Official (Print or Type Name)
Wally Bobkiewicz
Omer Osman P.E., Acting Secretary Date
By:
Title of Official
City Manager
Director of Planning & Programming Date Signature Date
Director of Planning & Programming Date
The above signature certifies the agency's Tin number is
366-00-5870 conducting business as a Governmental Entity.
Philip C. Kaufmann, Chief Counsel Date Duns Number 074390907
Chief Fiscal Officer (CFO) Date
NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this
agreement is required.
Local Public Agency State of Illinois
Department of Transportation
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BLR 05310 (Rev. 06/13/19) Page 6 of 6
ADDENDA NUMBER 2
Construction Engineering Right of Way
Printed 07/12/19
County
Cook
Local Public Agency
City of Evanston
Job Number Project Number Job Number Project Number Job Number
R-90-003-20
Project Number
H8D6(312)
Section Number
16-00278-00-BR
DIVISION OF COST
Federal Funds State Funds Local Public Agency
Type of Work Fund Type Amount % Fund Type Amount % Fund Type Amount % Totals
- Right-Of-Way STP-Br $560,000.00 * LPA $140,000.00 $700,000.00
-
-
-
-
-
-
-
-
-
Total $560,000.00 Total Total $140,000.00 $700,000.00
Add
If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below:
*Maximum FHWA (STP-Br) participation (80%) not to exceed $ 560,000.00
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual
costs will be used in the final division of cost for billing and reimbursement.
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BLR 05310 (Rev. 06/13/19) Printed 07/12/19
Instructions for BLR 05310 - Page 1 of 3
NOTE: Form instructions should not be included when the form is submitted.
This form shall be used when a local public agency (LPA) project involves Federal-Aid, with or without state funds and this standard form is
sufficient to describe all details of the agreement. For more information refer to the Bureau of Local Roads and Streets Manual (BLRS)
Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS manual. When filling out this form electronically,
once a field is initially completed, fields requiring the same information will be auto-populated.
Local Public Agency
Name of LPA Insert the name of the LPA
County Insert the name of the county in which the LPA is located.
Section Number Insert the section number applied to this project.
Fund Type Insert the funding type(s) being used for this project (e.g. STU, STR, ITEP, etc.)
ITEP, SRTS, HSIP Number Insert the ITEP, SRTS, HSIP number assigned to this project.
MPO Name Insert the name of the Metropolitan Planning Organization (MPO) in which the LPA is located
if applicable. If not applicable, select "N/A".
MPO Tip Number Insert the MPO Tip Number assigned to this project, this is required for all projects located
within the MPO planning boundaries if applicable. If not, insert "N/A".
Construction on State Letting Check this box if the construction portion of this project will be on a state held letting.
Day Labor Check this box if the project will be constructed using day labor.
Local Administered Engineering Check this box if the LPA is administering the engineering locally.
Right-of-Way Check this box if Right-Of-Way is part of the project.
Construction
Job Number Insert the job number assigned for the construction portion, the number will begin with a "C"
Project Number Insert the project number assigned to the construction portion of this project.
Engineering
Job Number Insert the job number assigned for the engineering portion of this project.
Project Number Insert the project number assigned to the engineering portion of this project.
Right-of-Way
Job Number Insert the job number assigned for Right-of-Way for the project, if applicable. The number will
begin with a "R".
Project Number Insert the project number assigned to the Right-of-Way for the project, if applicable.
Location Use the add location button to add additional locations if needed for up to a total of five
location. If there are more than five locations, use various.
Local Street/Road Name Insert the local street/ road name.
Key Route Insert the key route of the street/road listed above.
Length Insert the length in miles as it pertains to the location listed above. For a structure insert 0.01.
Station
From Insert the beginning station of the project as it pertains to the key route for this location for this
project.
To Insert the ending station of the project as it pertains to the key route for this location for this
project.
Location Termini Insert the beginning and ending termini as it pertains to this location for this project.
Existing Structure Number(s) Insert the existing structure number(s) for this project.
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BLR 05310 (Rev. 06/13/19) Printed 07/12/19
Instructions for BLR 05310 - Page 2 of 3
Add Location Use this button to add additional locations. A total of four additional locations can be added. If
there are more than 5 locations, do not add each location. Instead, insert "Various" in the first
location field.
Project Description Insert a description of the work to be accomplished by this project.
Method of Financing This area is for state-let-contracts only. Check one.
Method A If this box is checked insert the dollar amount equal to 80% of the LPA's total obligation.
Method B If this box is checked insert the number of monthly payments needed to repay 80% of the
LPA's estimated obligation.
Method C If this box is checked insert the dollar amount of the LPA's share of the construction costs for
this project.
For State Let Construction Projects:
Addenda
Within the Addenda table, check the box as applicable. Insert the item number of the addenda and a description of the item.
1. Location Map Attach a location map to this agreement showing all locations being improved by this project.
2. Division of Cost Insert the division of cost page (see separate instructions for completing this document).
3. LPA Appropriation Resolution For State-Let construction projects, the LPA must pass an appropriation resolution covering
the local share of the project. Attach the resolution for this appropriation.
4. IDOT Fiscal Approval Signature Page
Approved
Local Public Agency The appropriate LPA official shall insert their name, sign and date. Insert the LPA's TIN
number and DUNS Number.
Illinois Dept of Transportation The appropriate IDOT official shall sign and date here.
For Local Let Projects:
1. Location Map Attach a location map to this agreement showing all locations being improved by this project.
2. Division of Cost Insert the division of cost page (see separate instructions for completing this document)
For additional addenda, check this box and insert a description of the item and attach it to the agreement.
Approved
Local Public Agency The appropriate LPA official shall insert their name, sign, and date. Insert the LPA's TIN
number and DUNS Number.
Illinois Dept of Transportation The appropriate IDOT officials shall sign and date here.
Division of Cost Table:
When the LPA desires to use one or more lump-sum amounts before the federal percentage is calculated, specify the order in which it
should be used and the "not to exceed" amount. The following provides an example of the wording that may be used:
Lump-sum $60,000 TARP funds not to exceed 50% of final cost of project credited to the project to be utilized first.
Lump-sum to be utilized second not to exceed $20,000 EDP funds.
Lump-sum to be utilized third not to exceed $40,000 SMA funds.
These specified amounts will be used in sequence, with the federal and local percentages calculated after they are deducted.
When the LPA desires to use a percent "not to exceed" commitment, the federal and state funds will be used concurrently at the specified
percentages up to the "not to exceed" amount
Example:
Maximum STR participation 80% not to exceed $100,000
Lump-sum SMA not to exceed $20,000 to be used as a match to the federal funds
Be advised that the "not to exceed" amount specified under a percentage commitment will be tied up and unavailable for programming until
the project is closed out and a documentation review has been completed by IDOT or FHWA, if required.
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BLR 05310 (Rev. 06/13/19) Printed 07/12/19
Instructions for BLR 05310 - Page 3 of 3
Division of Cost Table:
Use a separate line for each type of work as it relates to the fund type for federal, state and/or LPA funds.
Type of Work Choose the type of work from the drop down list. Types to choose from are: Participating
Construction, Non-Participating Construction, Preliminary Engineering, Construction
Engineering, Right-of-Way, Railroads, Utilities, and Materials.
Federal Funds If federal funds are being used on this project complete the following for federal funds.
Fund Type Choose the type of federal fund type form the drop down.
Amount Insert the amount of federal funds for the type listed under fund type.
% Insert the percentage of federal funds for this type.
State Funds If state funds are being used on this project complete the following for state funds.
Fund Type Choose the type of State Funds from the drop down.
Amount Insert the amount of state funds for the type listed under fund type.
% Insert the percentage of state funds for this type.
Local Public Agency Funds
Fund Type Insert the type of LPA funds being used on this project.
Amount Insert the amount of LPA funds for the type listed under fund type.
% Insert the percentage of local funds for this type.
Explanation Insert any necessary additional information as to how the funding is being applied for this
project.
A minimum of three (3) originals executed by the LPA must be submitted to the District through its Regional Engineer's Office.
Distribution will be as follows:
District file
Bureau of Local Roads Central Office (2)
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580
580
580
580
58
0
580
580
580
580
580
580
580
585
585
585
585
585
590
590
590
590
590
595
595
595
595
595
600
600
600
600
600
600
600
600
605
605
605
605
605
605
605 605
605
605
102 103 104 105+00 106 107 108 109 110+00
38
.
50
R
T
64
.
00
LT
+84.46
50
.
00
LT
+84.41
33
.
75
LT
+84.36
32
.
25
R
T
+20.24
50
.
00
R
T
+13.18
50
.
00
R
T
+80.66
174
.
28
R
T
+37.23
198
.
06
R
T
+97.06
80
.
00
R
T
+43.98
132
.
25
R
T
+75.07
132
.
25
R
T
+75.07
80
.
00
R
T
+75.07
50
.
00
R
T
+87.62
+87.62
102
.
25
R
T
+75.07
102
.
25
R
T
+60.07
38
.
50
R
T
+49.98
38
.
50
R
T
+09.37
32
.
25
R
T
+06.45
33
.
75
LT
+06.05
50
.
00
LT
+10.76
64
.
00
LT
+04.40
159
.
35
LT
+31.99
156
.
57
LT
+41.60
LEGEND
R.O.W.
34
'
EX ROW
EX ROW
EX ROW
EX ROW
PIN 11-07-101-001
LEASE/PERMIT # NL-063
CITY OF EVANSTON LEASE No. 2.08
60 30
0
90
SCALE IN FEET
LEASE/PERMIT # NL-063
LEASE No. 2.09
CITY OF EVANSTON
CONSTRUCTION
LIMITS OF
CONSTRUCTION
LIMITS OF
PIN 05-35-320-001
LEASE/PERMIT # NL-063
LEASE No. 2.07
CITY OF EVANSTON
TARP MWRD STRUCTURE
TEMPORARY EASEMENT
PROPOSED EASEMENT
(36,461 SQ FT, 0.84 ACRES)
STAGING PERMIT
LIMITS OF MWRD CONSTRUCTION
32
'
32
'
34
'
GOLF COURSE
CANAL SHORES
GOLF COURSE
CANAL SHORES
FIRE STATION
NO
R
T
H
S
HO
R
E
C
HANN
EL
BR
YAN
T AV
E
GI RARD AV
E
SECTION COUNTY
ILLINOIS FED. AID PROJECT
TOTAL
SHEETS
SHEET
NO. RTE.
CONTRACT NO.
SCALE:
DEPARTMENT OF TRANSPORTATION
STATE OF ILLINOIS
FILE NAME
Lease Exhibit
9056 USER NAME =
PLOT SCALE = 60.0000 ' / in.
PLOT DATE = 3/19/2019
=
DATE
DESIGNED
CHECKED
DRAWN
REVISED
REVISED
REVISED
REVISED
F.A.
SHEET OF SHEETS STA. TO STA.
-
-
-
-
-
-
-
-
Default
CEG
CEG
PAS
08/11/2017 1"=30'
9-1301 16-00278-00-BR COOK
CENTRAL STREET BRIDGE IMPORVEMENTS
RIGHT-OF-WAY EXHIBIT
CONSTRUCTION EASEMENT - 0 SQ FT
11-07-100-020
PARCEL 0002 (0.183 ACRES)
PARCEL 0001 (0.121 ACRES)
FEE SIMPLE
PARCEL 0001
PARCEL 0002
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For City Council meeting of July 15, 2019 Item SP4
Resolution – 77-R-19 Central Street Bridge Supplemental Engineering Services
For Action
To: Honorable Mayor and Members of the City Council
From: David Stoneback, Public Works Agency Director
Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer
Sat Nagar, P.E., Senior Project Manager
Subject: Central Street Bridge Phase II Engineering - Change Order #1
Date: July 10, 2019
Recommended Action:
Staff recommends approval of Resolution 77-R-19 authorizing the City Manager to Sign
an Amendment to the Preliminary Engineering Services Agreement for Federal
Participation with the Illinois Department of Transportation and Stanley Consultants, Inc.
for the Central Street Bridge Phase II Engineering in the amount of $67,200. This will
increase the overall contract amount from $519,512 to $586,712 of which 80% is funded
by federal funds.
Funding Source:
Funding will be provided from the Capital Improvement Fund 2019 General Obligation
Bonds for the Central Street Bridge Engineering Services, which has a budget of
$560,000 for this project (Account No. 415.40.4119.62415 – 416513). The City will
ultimately be responsible for only 20% of the cost ($13,440). The remaining 80% of the
change order amount ($53,760) is funded through the Surface Transportation Program
– Bridge Program (STP-BR) federal grant funds and will be reimbursed to the City upon
completion of the work.
Livability Benefits:
Built Environment: Enhance public spaces; Provide compact and complete streets and
neighborhoods
Equity & Empowerment: Ensure equitable access to community assets
Health & Safety: Promote healthy, active lifestyles; improve emergency prevention and
response; Enhance resilience to natural & human hazards
Background:
The Central Street Bridge over the North Shore Channel is under the jurisdiction of City
of Evanston. The bridge was constructed by the Metropolitan Water Reclamation
District in 1906 and the ownership of the bridge was transferred to City of Evanston at
Memorandum
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that time. In April of 2015, the Illinois Department of Transportation (IDOT) informed
Evanston that there was severe deterioration of the Central Street Bridge concrete
columns. Construction plans and specifications for the emergency bridge repair were
prepared and the temporary repair of the columns was completed in October 2015.
The City submitted a request to IDOT for Highway Bridge Program Funds in June 2015
to reconstruct the bridge and IDOT approved the funding for Central Street Bridge
Rehabilitation/ Replacement in July 2016. Stanley Consultants Inc. was selected to
provide the engineering services for Phase I, Phase II & Phase III Engineering through
the federally mandated Qualification Based Selection (QBS) process. The Phase I
Engineering was completed in a timely manner and design approval was received from
IDOT in February 2018.
Analysis:
The Final Plans, Specifications & Estimates (PS&E), for the Central Street Bridge
Replacement project were submitted to the Illinois Department of Transportation
(Department) on June 19, 2019. However, based on the IDOT/ Federal requirements,
the proposed bridge cannot be constructed on the MWRD easement property. As per
the Federal Uniform Act for land acquisition, the City needs to purchase the land from
MWRD to construct the new bridge. The land purchase cost for additional right-of-way
is significant, and the City has requested federal funding participation for Land
Acquisition. The land acquisition agreement and the federal process take seven to nine
months and the City of Evanston has requested a revised construction letting date of
July 2020 for this project.
Supplemental Phase II (design) engineering services will be provided to update the
Final Plans, Specifications & Estimates (PS&E) for the July 2020 construction letting. In
addition, due to the delay in processing the agreement for federal funding, the current
Appraisal and Review Appraisal will no longer be valid and must be redone. The
supplemental engineering services include the following scope of work:
• Update contract documents (IDOT standards are updated annually, and this
project will need to conform to the latest version)
• Renew permits (including the MWRD construction permit, the NPDES permit,
and the joint application for IDNR / IEPA / US Army Corps of Engineers)
• Update the cost estimate
• Complete the bridge inspections required to conform to Federal Highway
Authority regulations
• Provide right-of-way acquisition and negotiation services
Following City Council approval of Change Order No. 1, the supplemental services
agreement will be submitted to IDOT for review and approval. Once IDOT executes the
agreement, Stanley will proceed with the services listed above.
Legislative History:
The City Council approved award of the Phase II Engineering contract to Stanley
consultants at the June 25, 2018 Council meeting.
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The City Council approved award of the Phase I Engineering contract to Stanley
consultants at the April 25, 2016 Council meeting.
Attachments:
Resolution 77-R-19 with Local Public Agency Amendment and Engineering Services
Agreement for Federal Participation and Change Order Form
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7/10/2019
77-R-19
A RESOLUTION
Authorizing the City Manager to Sign an Amendment to the Local
Public Agency Agreement for Preliminary Engineering Services for
Federal Participation with the Illinois Department of Transportation
and the Preliminary Engineering Services Agreement with Stanley
Consultants, Inc. for the Central Street Bridge Phase II Engineering
Work
WHEREAS, the City of Evanston and Illinois Department of Transportation
(hereinafter “IDOT”), in the interest of improving the overall structure of the Central Street
Bridge, are desirous of removing the existing bridge structure over the North Shore
Channel and replacing it with a wider bridge, said improvement is identified as State
Section Number: 16-00278-00-BR, State Job Number: D-91-301-16, and Project Number:
47ZW (630), hereinafter referred to as the “Project”; and
WHEREAS, the parties hereto are desirous of said Project because it will
have an immediate benefit to the residents of the area and will be permanent in nature;
and
WHEREAS, the amendment to the Local Public Agency Agreement for
preliminary engineering services with IDOT must be amended because the Project cost
increased due to right-of-way purchase necessary to widen the Central Street Bridge;
and
WHEREAS, additionally, the City must also amend the associated
professional services agreement with Stanley Consultants, Inc. for the Project due to
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77-R-19
~2~
the change in the scope of work and engineering services necessary for the Project;
and
WHEREAS, the City Council of the City of Evanston hereby determines it
is in the best interests of the City to enter into an amendment to the agreement with
IDOT and the preliminary engineering services agreement with Stanley Consultants,
Inc.,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized to sign and the City
Clerk is hereby authorized to attest to the following: (a) the Amendment to the Preliminary
Engineering Services Agreement for Federal Participation with IDOT, attached hereto as
Exhibit 1; and (b) Professional Services Agreement for the Central Street Bridge
Replacement Project Phase II Engineering with Stanley Consultants, Inc., attached
hereto as Exhibit 2 and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of these agreements that he may determine to be
in the best interests of the City.
SECTION 3: That this Resolution 77-R-19 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
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77-R-19
~3~
_______________________________
Stephen H. Hagerty, Mayor
Attest:
_______________________________
Devon Reid, City Clerk
Adopted: __________________, 2019
Approved as to form:
_______________________________
Michelle L. Masoncup, Corporation
Counsel
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77-R-19
~4~
EXHIBIT 1
Amendment to Local Public Agency Agreement for Preliminary
Engineering Services for Federal Participation between City of Evanston
and IDOT
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Local Public Agency Amendment
# for Federal Participation
BLR 05311 (Rev. 06/13/19) Page 1 of 3 Printed 07/11/19
1
LOCAL PUBLIC AGENCY
Local Public Agency
City of Evanston
County
Cook
Section Number
16-00278-00-BR
Fund Type
STP-Br
ITEP, SRTS, HSIP Number(s) MPO TIP Number
02-16-0016
Right-of-Way Local Administered Engineering Day Labor Construction Local Letting Construction on State Letting
Construction Engineering Right of Way
Job Number Project Number Job Number
D-91-301-16
Project Number
47ZW(630)
Job Number Project Number
This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of
Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LPA jointly propose to
improve the designated location as described below. The improvement shall be consulted in accordance with plans prepared by, or on
behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal
Highway Administration, hereinafter referred to as "FHWA".
MPO Name
CMAP
LOCATION
Stationing
Local Street/Road Name
Central Street
Key Route
FAU 1301
Length
0.1 mi
From
103+00
To
109+00
Location Termini
At North Shore Channel
Current Jurisdiction
LPA
Existing Structure Number(s)
016-6951 Add Location
LOCAL PUBLIC AGENCY APPROPRIATION
For Amendments Increasing the LPA share: By execution of this Amendment, the LPA attests that additional moneys have been
appropriated or reserved by resolution or ordinance to fund the additional share of LPA project costs. A copy of the resolution or
ordinance is attached as an addendum (required for increases to state-let contracts only).
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
1. Location Map
2. Division of Cost
-
Add Row
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BLR 05311 (Rev. 06/13/19) Page 2 of 3 Printed 07/11/19
BE IT MUTUALLY AGREED that all remaining provisions of the original agreement not altered by the amendment shall remain in full force
and effect and the amendment shall be binding upon the inure to the benefit of the parties hereto, their successor and assigns.
The LPA further agrees as a condition of payment, that it accepts and will comply with the application provisions set forth in this
amendment and all addenda indicated above.
NOTE: if the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this
agreement is required.
APPROVED APPROVED
Name of Official (Print or Type Name)
Wally Bobkiewicz
Omer Osman P.E., Acting Secretary Date
By:
Title of Official
City Manager
Director of Planning & Programming Date Signature Date
Director of Planning & Programming Date
The above signature certifies the agency's Tin number is
366-00-5870 conducting business as a Governmental Entity.
Philip C. Kaufmann, Chief Counsel Date Duns Number 074390907
Chief Fiscal Officer (CFO) Date
Local Public Agency State of Illinois
Department of Transportation
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BLR 05311 (Rev. 06/13/19) Page 3 of 3
ADDENDA NUMBER 2
Construction Engineering Right of Way
Printed 07/11/19
County
Cook
Local Public Agency
City of Evanston
Job Number Project Number Job Number
D-91-301-16
Project Number
47ZW(630)
Job Number Project Number
Section Number
16-00278-00-BR
DIVISION OF COST
Federal Funds State Funds Local Public Agency
Type of Work Fund Type Amount % Fund Type Amount % Fund Type Amount % Totals
- Preliminary Engineering STP-Br $53,760.00 * LPA $13,440.00 $67,200.00
-
-
-
-
-
-
-
-
-
Total $53,760.00 Total Total $13,440.00 $67,200.00
Add
If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below:
*Maximum FHWA (STP-Br) participation (80%) not to exceed $ 53,760.00.
NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual
costs will be used in the final division of cost for billing and reimbursement.
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BLR 05311 (Rev. 06/13/19) Printed 07/11/19
Instructions for BLR 05311 - Page 1 of 3
NOTE: Form instructions should not be included when the form is submit.
This form shall be used when a local public agency (LPA) project involves Federal-Aid, with or without state funds and this standard form is
sufficient to describe all details of the agreement. This form serves as an amendment to BLR 05310. For more information refer to the
Bureau of Local Roads and Streets Manual (BLRS) Chapter 5. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS
manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-
populated.
Amendment No. Insert the amendment number as it applies to this amendment.
Local Public Agency
Name of LPA Insert the name of the LPA
County Insert the name of the county in which the LPA is located.
Section Number Insert the section number applied to this project.
Fund Type Insert the funding type(s) being used for this project (e.g. STU, STR, ITEP, etc.)
ITEP, SRTS, HSIP Number Insert the ITEP, SRTS, HSIP number assigned to this project.
MPO Name Insert the name of the Metropolitan Planning Organization (MPO) in which the LPA is located
if applicable. If not, select "N/A".
MPO Tip Number Insert the MPO Tip Number assigned to this project, this is required for all projects located
within the MPO planning boundaries if applicable. If not, insert "N/A".
Construction on State Letting Check this box if the construction portion of this project will be on a state held letting.
Day Labor Check this box if the project will be constructed using day labor.
Local Administered Engineering Check this box if the LPA is administering the engineering locally.
Right-of-Way Check this box if Right-Of-Way is part of the project.
Construction
Job Number Insert the job number assigned for the construction portion, the number will begin with a "C"
Project Number Insert the project number assigned to the construction portion of this project.
Engineering
Job Number Insert the job number assigned for the engineering portion of this project.
Project Number Insert the project number assigned to the engineering portion of this project.
Right-of-Way
Job Number Insert the job number assigned for Right-of-Way for the project, if applicable. The number will
begin with a "R".
Project Number Insert the project number assigned to the Right-of-Way for the project, if applicable.
Location Use the add location button to add additional locations if needed.
Local Street/Road Name Insert the local street/ road name.
Key Route Insert the key route of the street/road listed above.
Length Insert the length in miles as it pertains to the location listed above. For a structure insert 0.01.
Station
From Insert the beginning station of the project as it pertains to the key route for this location for
this project.
To Insert the ending station of the project as it pertains to the key route for this location for this
project.
Location Termini Insert the beginning and ending termini as it pertains to this location for this project.
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BLR 05311 (Rev. 06/13/19) Printed 07/11/19
Instructions for BLR 05311 - Page 2 of 3
Existing Structure Number(s) Insert the existing structure number(s) for this project.
Add Location Use this button to add additional locations. A total of four additional locations can be added. If
there are more than 5 locations, do not add each location. Instead, insert "Various" in the first
location field.
Addenda
Within the Addenda table, check the box as applicable. Insert the item number of the addenda and a description of the item.
1. Location Map Attach a location map to this agreement showing all locations being improved by this project.
2. Division of Cost Insert the division of cost page (see separate instructions for completing this document).
3. LPA Appropriation Resolution For State-Let construction projects, the LPA must pass an appropriation resolution covering
the local share of the project. Attach the resolution for this appropriation.
4. IDOT Fiscal Approval Signature Page
Approved
Local Public Agency The appropriate LPA official shall insert their name, sign and date. Insert the LPA's TIN
number and DUNS Number.
Illinois Dept of Transportation The appropriate IDOT official shall sign and date here.
Division of Cost Table
When the LPA desires to use one or more lump-sum amounts before the federal percentage is calculated, specify the order in which it
should be used and the "not to exceed" amount. The following provides an example of the wording that may be used:
Lump-sum $60,000 TARP funds not to exceed 50% of final cost of project credited to the project to be utilized first.
Lump-sum to be utilized second not to exceed $20,000 EDP funds.
Lump-sum to be utilized third not to exceed $40,000 SMA funds.
These specified amounts will be used in sequence, with the federal and local percentages calculated after they are deducted.
When the LPA desires to use a percent "not to exceed" commitment, the federal and state funds will be used concurrently at the specified
percentages up to the "not to exceed" amount.
Example:
Maximum STR participation 80% not to exceed $100,000
Lump-sum SMA not to exceed $20,000 to be used as a match to the federal funds
Be advised that the "not to exceed" amount specified under a percentage commitment will be tied up and unavailable for programming until
the project is closed out and a documentation review has been completed by IDOT or FHWA, if required.
Division of Cost Table:
Use a separate line for each type of work as it relates to the fund type for federal, state and/or LPA funds.
Type of Work Choose the type of work from the drop down list. Types to choose from are: Participating
Construction, Non-Participating Construction, Preliminary Engineering, Construction
Engineering, Right-of-Way, Railroads, Utilities, and Materials.
Federal Funds If federal funds are being used on this project complete the following for federal funds.
Fund Type Choose the type of federal fund type from the drop down.
Amount Insert the amount of federal funds for the type listed under fund type.
% Insert the percentage of federal funds for this type.
State Funds If state funds are being used on this project complete the following for state funds.
Fund Type Choose the type of State Funds from the drop down.
Amount Insert the amount of state funds for the type listed under fund type.
% Insert the percentage of state funds for this type.
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BLR 05311 (Rev. 06/13/19) Printed 07/11/19
Instructions for BLR 05311 - Page 1 of 3
Local Public Agency Funds
Fund Type Insert the type of LPA funds being used on this project.
Amount Insert the amount of LPA funds for the type listed under fund type.
% Insert the percentage of local funds for this type.
Explanation Insert any necessary additional information as to how the funding is being applied for this
project.
A minimum of three (3) originals executed by the LPA must be submitted to the District through its Regional Engineer's Office.
Distribution will be as follows:
District file
Bureau of Local Roads Central Office (2)
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77-R-19
~5~
EXHIBIT 2
Preliminary Engineering Services Agreement for Phase II Engineering
between the City of Evanston and Stanley Consultants, Inc.
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Page 1 of 8 BLR 05610 (Rev. 05/31/19)
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Local Public Agency
City of Evanston
County
Cook
Section
16-00278-00-BR
Project No.
472W(630)
Job No.
D-91-301-16
Contact Name/Phone/E-mail Address
Sat Nagar
847-866-2967
snagar@cityofevanston.org
L
O
C
A
L
A
G
E
N
C
Y
Preliminary Engineering
Services Agreement
For
Federal Participation
C
O
N
S
U
L
T
A
N
T
Consultant
Stanley Consultants
Address
8501 W. Higgins Road, Suite 730
City
Chicago
State
Illinois
Zip Code
60631
Contact Name/Phone/E-mail Address
Paul Schneider
773-693-9624
schneiderpaul@stanleygroup.com
THIS AGREEMENT is made and entered into this day of , between the above
Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the
PROJECT. Federal-aid funds allotted to the LPA by the state of Illinois under the general supervision of the Illinois Department of
Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS.
Project Description
Name Central Street Route FAU 1301 Length 0.01 mi Structure No. 016-6951
Termini At North Shore Channel
Description Supplement -01. Provide supplemental Phase II Engineering services for the Central Street Bridge replacement project.
Agreement Provisions
I. THE ENGINEER AGREES,
1.
2.
To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of
engineering services for the LPA for the proposed improvement herein described.
To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by
representatives of the LPA or STATE.
3. To complete the services herein described within 270 calendar days from the date of the Notice to Proceed from the
LPA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER.
4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man-
hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are
indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate
with the payroll rate for the work performed.
5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the
PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services
enumerated herein.
6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections
resulting from the ENGINEER’s errors, omissions or negligent acts without additional compensation. Acceptance of work by the
STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for
clarification of any ambiguities.
7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER
and will affix the ENGINEER’s professional seal when such seal is required by law. Plans for structures to be built as a part of the
improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when
such seal is required by law. It will be the ENGINEER’s responsibility to affix the proper seal as required by the Bureau of Local
Roads and Streets manual published by the STATE.
8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LPA.
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9. The undersigned certifies neither the ENGINEER nor I have:
a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other
than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT,
b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or
person in connection with carrying out the AGREEMENT or
c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above
ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the
AGREEMENT.
d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency,
e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against
them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public
(Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property,
f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (e) and
g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local)
terminated for cause or default.
10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA.
11. To submit all invoices to the LPA within one year of the completion of the work called for in this AGREEMENT or any subsequent
Amendment or Supplement.
12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B).
13. Scope of Services to be provided by the ENGINEER:
Make such detailed surveys as are necessary for the planning and design of the PROJECT.
Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and
flood flow histories.
Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water
Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification.
Design and/or approve cofferdams and superstructure shop drawings.
Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or
culvert types and high water effects on roadway overflows and bridge approaches).
Prepare the necessary environmental and planning documents including the Project Development Report or Environmental
Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances.
Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data
for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard
Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE.
Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation.
Prepare preliminary roadway and drainage structure plans and meet with representatives of the LPA and STATE at the site of the
improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage
structures, and compliance with applicable design requirements and policies.
Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient
data for the design of the proposed improvement.
Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance
with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of
cost shall be furnished in quadruplicate.
Furnish the LPA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and
borrow pit and channel change agreements including prints of the corresponding plats and staking as required.
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II. THE LPA AGREES,
1. To furnish the ENGINEER all presently available survey data and information
2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the
following compensation formulas:
Cost Plus Fixed Fee CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or
CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or
CPFF = 14.5%[(2.3 + R)DL + IHDC]
Where: DL = Direct Labor
IHDC = In House Direct Costs
OH = Consultant Firm’s Actual Overhead Factor
R = Complexity Factor
Specific Rate (Pay per element)
Lump Sum
3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409:
With Retainage
a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to
90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by
the LPA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal
to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER.
c) Final Payment – Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have
been made and accepted by the LPA and the STATE, a sum of money equal to the basic fee as determined in this
AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to
the ENGINEER.
Without Retainage
a) For progressive payments – Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA,
monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value
of the partially completed work minus all previous partial payments made to the ENGINEER.
b) Final Payment – Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have
been made and accepted by the LPA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT
less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER.
4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-
assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted
contracts. The recipient’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in
this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of
this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.).
5. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Local
Government Professional Services Selection Act 50 ILCS 510, the Brooks Act 40USC 11, and Procurement, Management, and
Administration of Engineering and Design related Services (23 CFR part 172). Exhibit C is required to be completed with this
agreement.
III. IT IS MUTALLY AGREED,
1. That no work shall be commenced by the ENGINEER prior to issuance by the LPA of a written Notice to Proceed.
2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this
AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes, sketches, charts and other data
prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LPA or to the STATE,
without restriction or limitation as to their use.
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3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current
Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid
Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such
furnished documents shall be approved by the LPA and the STATE before final acceptance. During the performance of the
engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein
enumerated while they are in the ENGINEER’s possession and any such loss or damage shall be restored at the ENGINEER’s
expense.
4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement.
5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to
verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all
books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under
the contract for which adequate books, records and supporting documentation are not available to support their purported
disbursement.
6. The payment by the LPA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services
rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.
7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or
negligent act in the prosecution of the ENGINEER’s work and shall indemnify and save harmless the LPA, the STATE, and their
officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These
indemnities shall not be limited by the listing of any insurance policy.
8. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER’s last known
post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys,
reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if
any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA.
The LPA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination.
9. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property
or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or
grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years.
For the purpose of this certification, “grantee” or “contractor” means a corporation, partnership or other entity with twenty-five (25) or
more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific
performance under a contract or grant of $5,000 or more from the State, as defined in the Act.
The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
a. Publishing a statement:
(1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance,
including cannabis, is prohibited in the grantee’s or contractor’s workplace.
(2) Specifying the actions that will be taken against employees for violations of such prohibition.
(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:
(a) abide by the terms of the statement; and
(b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5)
days after such conviction.
b. Establishing a drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee’s or contractor’s policy of maintaining a drug free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance program; and
(4) The penalties that may be imposed upon an employee for drug violations.
c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or
grant and to post the statement in a prominent place in the workplace.
d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of
subsection (a) above from an employee or otherwise receiving actual notice of such conviction.
e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,
f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and
indicating that a trained referral team is in place.
g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.
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Exhibit A - Preliminary Engineering
Route: Central Street
Local Agency: City of Evanston *Firm’s approved rates on file with IDOT’S
(Municipality/Township/County) Bureau of Accounting and Auditing:
Section: 16-00278-00-BR
Project: 472W(630) Overhead Rate (OH) 1.60 %
Job No.: D-91-301-16 Complexity Factor (R) 0.00
Calendar Days 270
Method of Compensation:
Cost Plus Fixed Fee 1 14.5%[DL + R(DL) + OH(DL) + IHDC]
Cost Plus Fixed Fee 2 14.5%[DL + R(DL) + 1.4(DL) + IHDC]
Cost Plus Fixed Fee 3 14.5%[(2.3 + R)DL + IHDC]
Specific Rate
Lump Sum
Cost Estimate of Consultant’s Services in Dollars
Element of Work Employee
Classification
Man-
Hours
Payroll
Rate
Payroll
Costs (DL) Overhead* Services by
Others
In-House
Direct
Costs
(IHDC)
Profit Total
SEE ATTACHED
Totals 0.00
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Exhibit B
Engineering Payment Report
(Submit with Final Invoice )
Prime Consultant
Name Stanley Consultants
Address 8501 W Higgins Rd, Ste 730
Telephone 773-693-9624
TIN Number
Project Information
Local Agency City of Evanston
Section Number 16-00278-00-BR
Project Number 472W(630)
Job Number D-91-301-16
This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for
perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below.
Sub-Consultant Name TIN Number Actual Payment
from Prime
Mathewson Right of Way Company
Sub-Consultant Total:
Prime Consultant Total:
Total for all Work
Completed:
Signature and title of Prime Consultant Date
Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory
purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as
concurring with the payment amount specified above.
For information about IDOTs collection and use of confidential information review the department’s Identity Protection Policy.
42-1320758
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Exhibit C
Federal Qualification Based Selection (QBS) Checklist
Local Public Agency City of Evanston_
Section Number 16-00278-00-BR_
Project Number 472W(630)_
Job Number D-91-301-16_
The LPA must complete Exhibit C, if federal funds are used for this engineering agreement and the value will exceed $40,000.
The LPA must follow federal small purchase procedures, if federal funds are used and the engineering agreement has a value
less than $40,000.
Form Not Applicable (engineering services less than $40,000)
1. Do the written QBS policies and procedures discuss the initial administration (procurement, management, and
administration) concerning engineering and design related consultant services? Yes No
2. Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section
5-5.06(e) of the BLRS Manual? Yes No
If no, IDOT’s approval date: _
3. Was the scope of services for this project clearly defined? Yes No
4. Was public notice given for this project? Yes No Due date of submittal: 01/26/2016_
Method(s) used for advertisement and dates of advertisement: Original Phase I Engineering_
E-mail/ City Website/ Demandstar.com 12/17/2015_
5. Do the written QBS policies and procedures cover conflicts of interest? Yes No
6. Do the written QBS policies and procedures use covered methods of verification for suspension and debarment?
Yes No
7. Do the written QBS policies and procedures discuss the method of evaluation? Yes No
Criteria for this project Weighting Criteria for this project Weighting
Qualification_ 30 % _ %
Approach_ 45 % _ %
M/W/EBE_ 15 % _ %
Willingness to Execute Agreement_ 10 % _ %
8. Do the written QBS policies and procedures discuss the method of selection? Yes No
Selection committee (titles) for this project: D. Stoneback(PWA-Dir), L Biggs(City Engineer)_
S Nagar(SPM), R Dahal(SPM), D Manis (SPM), L Thomas (Purchasing)_
Top three consultants selected for this project in order: 1) Stanley Consultants_
2) Ciorba Group_ 3) Exp Services_
If less than 3 responses were received, IDOT’s approval date: _
9. Was an estimated cost of engineering for this project developed in-house prior to contract negotiation?
Yes No
10. Were negotiations for this project performed in accordance with federal requirements? Yes No
11. Were acceptable costs for this project verified?
Yes No LPA will rely on IDOT review and approval of costs.
12. Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request
for reimbursement to IDOT for further review and approval? Yes No
13. Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring,
evaluation, closing-out a contract, record retention, responsibility, remedies to violations or breaches to a contract,
and resolution of disputes)? Yes No
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Project: Central Street Phase II Supplement
Limits: Bryant Avenue to west of the CTA Purple Line
County: Cook
Client: City of Evanston
Section: 16-00278-00-BR
Supplemental Phase II Scope of Services
Page 1 of 2
Introduction
The Final Plans, Specifications & Estimates (PS&E), for the Central Street Bridge Replacement project
were submitted to the Illinois Department of Transportation (Department) on June 19, 2019. However,
based on the significant increase in the estimated cost of the ROW, the City has requested federal
funding participation for Land Acquisition. Having been advised that the agreement process could take
over five (5) months, the City of Evanston (City) has requested a revised construction letting of July 2020
for this project.
Supplemental Phase II (design) engineering services will be provided to update the Final Plans,
Specifications & Estimates (PS&E) for the July 2020 construction letting. In addition, due to the delay in
processing the agreement for federal funding, the current Appraisal and Review Appraisal will no longer
be valid and must be redone.
We propose the following scope of services:
I. Update Contract Documents
A. Plan Update
1. Civil Plan and General Notes
The Civil Plans and General Notes will be updated based on the actual construction letting
date and will reference the latest specifications, special provisions and standard details.
2. Structural Plans
The Structural Plans will be updated based on the latest specifications, structural special
provisions and structure details.
B. Permit Updates
We will follow-up with the reviewing agencies regarding the permits associated with this project:
• MWRD Construction Permit.
• NPDES permit.
• Joint application for IDNR/IEPA/USACOE.
• IEPA permit
C. Cost Estimate
Construction Estimate of Cost will be updated using form BLR 11510 utilizing current bid tabs of
projects of similar size.
D. Specifications
Specifications including Local Roads and Streets and BDE Special Provisions will be updated
based on the standard specifications and special provisions at the time of letting.
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Project: Central Street Phase II Supplement
Limits: Bryant Avenue to west of the CTA Purple Line
County: Cook
Client: City of Evanston
Section: 16-00278-00-BR
Supplemental Phase II Scope of Services
Page 2 of 2
II. ROW Acquisition and Negotiation
Due to the delay in processing the agreement for federal funding, the current Appraisal and Review
Appraisal will no longer be valid and must be redone.
A. Right-of-Way Appraisal Preparation
B. Review Appraisal Preparation
C. Acquisition Negotiations
D. ROW Coordination meetings
III. Bridge Inspections
1. Special 12-Month Bridge Inspection
Based on the results of the last NBIS inspection of the Central Street Bridge, the Department has
advised the City that this structure may require a special 12-month bridge inspection.
2. Pre-Construction NBIS Bridge Inspection
Since the next Bi-annual NBIS Inspection of the Central Street Bridge is due in December 2020,
the Department has advised us that it would be best to perform the NBIS inspection before the
July 2020 construction letting prior to the contractor taking maintenance responsibility.
IV. Project Management & QA/QC
The task will include managing the project budget and schedule and preparing invoices. The
CONSULTANT will submit an invoice once a month.
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Bureau of Design and Environment
Prepared By: Consultant
PAYROLL ESCALATION TABLE
FIXED RAISES
FIRM NAME
PRIME/SUPPLEMENT
DATE 07/03/19 PTB-
ITEM# Central Street
Phase II Supplement Prepared By
CONTRACT TERM 8 MONTHS OVERHEAD RATE 160.44%
START DATE 12/1/2019 COMPLEXITY FACTOR 0
RAISE DATE 4/1/2020 % OF RAISE 2%
END DATE 7/31/2020
ESCALATION PER YEAR
year First date Last date Months % of Contract
0 12/1/2019 4/1/2020 4 50.00%
1 4/2/2020 8/1/2020 4 51.00%
The total escalation = 1.00%
Stanley Consultants
Prime
P Schneider
Printed 7/3/2019 5:11 PM Page 1 of 5 BDE 3608 Template (Rev. 10/19/17)
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Bureau of Design and Environment
Prepared By: Consultant
FIRM NAME Stanley Consultants DATE 07/03/19
PRIME/SUPPLEMENT Prime
PTB-ITEM # Central Street Phase II Supplement
ESCALATION FACTOR 1.00%
Note: Rates should be capped on the AVG 1 tab as necessary
IDOT
CLASSIFICATION PAYROLL RATES CALCULATED RATE
ON FILE
Client Service Manager $75.00 $75.75
Department Manager $75.00 $75.75
Principal Engineer $65.24 $65.89
Senior Engineer $59.19 $59.78
Principal Environmental Eng $75.00 $75.75
Engineer $38.80 $39.19
Engineer in Training II $33.37 $33.70
Engineer in Training I $29.50 $29.80
Sr Resident Project Rep $62.56 $63.19
Resident Project Rep $44.83 $45.28
Sr Construction Inspection $40.98 $41.39
ECM Consultant $56.06 $56.62
Designer $46.12 $46.58
Senior Technician $35.87 $36.23
Sr Admin Assistant $27.93 $28.21
Admin Assisstant $25.77 $26.03
PAYROLL RATES
Printed 7/3/2019 5:11 PM Page 2 of 5 BDE 3608 Template (Rev. 10/19/17)
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Bureau of Design and Environment
Prepared By: Consultant COST ESTIMATE OF CONSULTANT SERVICES
FIRM Stanley Consultants DATE 07/03/19
PTB-ITEM # Central Street Phase II Supplement OVERHEAD RATE 160.44%
PRIME/SUPPLEMENT Prime COMPLEXITY FACTOR 0
DBE OVERHEAD SERVICES % OF
DROP ITEM MANHOURS PAYROLL & DIRECT FIXED BY DBE TOTAL GRAND
BOX FRINGE BENF COSTS FEE OTHERS TOTAL TOTAL
(A) (B) ( C ) (D) (E) (G) (H) (B-G)
Update Contract Document 132 5,192 8,330 500 1,713 - 15,735 23.42%
ROW Acquisition 24 1,691 2,713 558 30,000 - 34,962 52.03%
Bridge Inspections 80 3,996 6,410 204 1,319 - 11,929 17.75%
Project Management 22 1,559 2,501 514 - 4,574 6.81%
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
- - - - -
Subconsultant DL 0 -
TOTALS 258 12,438 19,954 704 4,104 30,000 - 67,200 100.00%
32,392
DBE 0.00%
COST PLUS FIXED FEE
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Bureau of Design and Environment
Prepared By: Consultant
AVERAGE HOURLY PROJECT RATES
FIRM Stanley Consultants
PTB-ITEM# Central Street Phase II Supplement DATE 07/03/19
PRIME/SUPPLEMENT Prime
SHEET 1 OF 5
PAYROLL AVG TOTAL PROJ. RATES Update Contract DocumenROW Acquisition Bridge Inspections Project Management
HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd
CLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg
Client Service Manager 75.00 0.0
Department Manager 75.00 32.0 12.40% 9.30 4 3.03% 2.27 12 50.00% 37.50 4 5.00% 3.75 12 54.55% 40.91
Principal Engineer 65.89 30.0 11.63% 7.66 8 6.06% 3.99 12 50.00% 32.95 10 45.45% 29.95
Senior Engineer 59.78 40.0 15.50% 9.27 40 50.00% 29.89
Principal Environmental Eng 75.75 0.0
Engineer 39.19 40.0 15.50% 6.08 40 30.30% 11.88
Engineer in Training II 33.70 40.0 15.50% 5.23 40 30.30% 10.21
Engineer in Training I 29.80 0.0
Sr Resident Project Rep 63.19 0.0
Resident Project Rep 45.28 0.0
Sr Construction Inspection 41.39 0.0
ECM Consultant 56.62 0.0
Designer 46.58 0.0
Senior Technician 36.23 76.0 29.46% 10.67 40 30.30% 10.98 36 45.00% 16.30
Sr Admin Assistant 28.21 0.0
Admin Assisstant 26.03 0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
TOTALS 258.0 100% $48.21 132.0 100.00% $39.33 24.0 100% $70.45 80.0 100% $49.94 22.0 100% $70.86 0.0 0% $0.00
Printed 7/3/2019 5:11 PM Page 5 of 5 BDE 3608 Template (Rev. 10/19/17) 75 of 106
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COMPANY NAME:
PTB NUMBER:
TODAY'S DATE:
ITEM ALLOWABLE UTILIZE
W.O. ONLY
QUANTITY
J.S. ONLY
CONTRACT
RATE TOTAL
Per Diem (per GOVERNOR’S TRAVEL CONTROL
BOARD) Up to state rate maximum $0.00 $0.00
Lodging
(per GOVERNOR’S TRAVEL CONTROL BOARD) Actual cost (Up to state rate maximum) $0.00 $0.00
Lodging Taxes and Fees
(per GOVERNOR’S TRAVEL CONTROL BOARD) Actual cost $0.00 $0.00
Air Fare Coach rate, actual cost, requires minimum two weeks' notice,
with prior IDOT approval $0.00 $0.00
Vehicle Mileage (per GOVERNOR’S TRAVEL
CONTROL BOARD) Up to state rate maximum 218 $0.545 $118.81
Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day $0.00 $0.00
Vehicle Rental Actual cost (Up to $55/day) $0.00 $0.00
Tolls Actual cost $0.00 $0.00
Parking Actual cost $0.00 $0.00
Overtime Premium portion (Submit supporting documentation) $0.00 $0.00
Shift Differential Actual cost (Based on firm's policy) $0.00 $0.00
Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) $0.00 $0.00
Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation) 4,500 $0.13 $585.00
Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation) $0.00 $0.00
Project Specific Insurance Actual cost $0.00 $0.00
Monuments (Permanent) Actual cost $0.00 $0.00
Photo Processing Actual cost $0.00 $0.00
2-Way Radio (Survey or Phase III Only) Actual cost $0.00 $0.00
Telephone Usage (Traffic System Monitoring Only) Actual cost $0.00 $0.00
CADD Actual cost (Max $15/hour) $0.00 $0.00
Web Site Actual cost (Submit supporting documentation) $0.00 $0.00
Advertisements Actual cost (Submit supporting documentation) $0.00 $0.00
Public Meeting Facility Rental Actual cost (Submit supporting documentation) $0.00 $0.00
Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation) $0.00 $0.00
Recording Fees Actual cost $0.00 $0.00
Transcriptions (specific to project) Actual cost $0.00 $0.00
Courthouse Fees Actual cost $0.00 $0.00
Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00
Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00
Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00
Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00
Testing of Soil Samples* Actual cost $0.00 $0.00
Lab Services* Actual cost (Provide breakdown of each cost) $0.00 $0.00
Equipment and/or Specialized Equipment Rental* Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00
Infrared Thermographic Survey Actual Cost $0.00 $0.00
UB-50 Snooper Actual Cost $0.00 $0.00
Boom Truck (Elliot) Actual Cost $0.00 $0.00
Lift truck Actual Cost $0.00 $0.00
Railroad Flagger Actual Cost $0.00 $0.00
Railroad Insurance Actual Cost $0.00 $0.00
Railroad Entry Permit Actual Cost $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
TOTAL DIRECT COST $703.81
*If other allowable costs are needed and not listed, please add in the above spaces provided.
LEGEND
W.O. = Work Order
J.S. = Job Specific
Stanley Consultants
Central Street
7/3/2019
Direct Costs Check Sheet
PRINTED 7/3/2019 BDE 436 (Rev. 02/02/17)
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For City Council meeting of July 15, 2019 Item SP5
Ordinance 46-O-19, Amendments to Sidewalk Café Ordinance
For Introduction
To: Honorable Mayor and Members of the City Council
From: Johanna Leonard, Community Development Director
Dave Stoneback, Public Works Agency Director
Subject: Ordinance 46-O-19, Amending “Sidewalk Cafes”
Date: July 15, 2019
Recommended Action:
Staff recommends City Council adoption of Ordinance 46-O-19, amending portions of
City Code Section 7-2-6(D) Sidewalk Cafes to allow year-round sidewalk cafes;
permanent fixture installation for cafes 600 square feet in area and larger; and service
of liquor in cafés for Type 2 restaurants with a current liquor license in the principle
establishment.
Additional regulations for year-round cafes include:
• Permit fee per square foot of café space to $6 from $3
• Café must remain operational and cannot be used for storage of tables, chairs or
storage of snow
• Café cannot be fully enclosed and heating equipment must have clearance from
combustibles and be reviewed by the Fire Department
Additional regulations for cafes with permanent fixtures include:
• Café area must be a minimum of 600 square feet
• Cafes with permanent fixtures will be deemed year-round and permittee will be
subject to year-round permit fee
• Structural elements designed and sealed by structural engineer and layout
approval by Design and Project Review Committee
• Café permittee responsible for construction and cost of improvements and
maintenance of café and permanently attached fixtures
• Annual bond will be required for the removal of fixtures and restoration of the
sidewalk after café operations cease. Amount will be determined the Public
Works Agency.
Additional regulations for service of liquor include:
• Café permittee will be subject to the requirements of Type 1 restaurants including
serving alcoholic beverages in reusable glasses.
Memorandum
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Funding Sources:
Fee revenue to Health Department – Health Permits
(100.24.2435.52050)
Livability Benefits:
Innovation & Process: Support local government best practices and processes
Background:
Sidewalk cafes are frequently cited as adding vitality and attracting energy to business
districts. They also support businesses and their ability to extend operations and
available space for customer to sit and dine. Unseasonably warmer days in the winter
and early spring can yield significant revenue opportunities for businesses that find
post-winter holiday slowdowns in customer traffic to establishments. The City of
Chicago updated their code to allow year-round sidewalk cafes. Chicago does not
currently allow for permanent attachments to sidewalks.
Attachments:
Ordinance 46-O-19
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4/23/2019
4/26/2019
6/5/2019
6/25/2019
7/1/2019
46-O-19
AN ORDINANCE
Amending City Code Section 7-2-6(D), “Sidewalk Cafes,” to allow
permanent fixtures, year-round operations, and alcohol service at
type 2 restaurants
SECTION 1: Title 7, Chapter 2, Section 6(D) of the Evanston City Code of
2012, as amended (the “City Code”), is hereby further amended to read as follows:
(D) Sidewalk Cafes.
1. Definitions.
BAKERY. An establishment for any process of mixing,
compounding and baking any bread, biscuits,
crackers, rolls, cakes, pies, or any food products
of which flour or meal is a principal ingredient, for
sale at retail or at wholesale.
ENOTECA. A wine shop classified as a retail goods
establishment holding a valid City of Evanston
Class K liquor license.
ICE CREAM STORE. An establishment selling primarily ice cream, soda
water, frozen yogurt and soft drinks.
OTHER
LICENSED
FOOD
SERVICE
ESTABLISHMENT or
OTHER LICENSED
RETAIL
FOOD
STORE.
An establishment licensed by the City of Evanston
as a food service establishment or as a retail food
store, under Title 8 of this Code, which is not a
"bakery," an "ice cream store," a "restaurant type
1," or a "restaurant type 2," as defined in this
Section.
RESTAURANT
TYPE 1.
An establishment in which the principal use is the
service of prepared food and beverages for
consumption on the premises. All service of
prepared food and beverages for consumption on
the premises shall require customers to order at a
table, booth or dining counter with service by a
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~2~
waiter or waitress at said table, booth or dining
counter and also shall require the use of reusable
(nondisposable) flatware and dishware. Drive-
through facilities are prohibited.
RESTAURANT
TYPE 2.
An establishment in which the principal use is the
service of prepared food and/or beverages for
consumption on and/or off the premises and that is
not a "restaurant type 1" as defined in this Section.
This definition shall not include establishments
wherein incidental prepared food and beverage
service is accessory to a bakery, food
establishment, convenience store, food store
establishment, meat market, or similar principal
use nor shall it include cafeterias that are
accessory to hospitals, colleges, universities,
schools or other similar principal uses.
SIDEWALK CAFE. A dining area located partially or wholly on a public
sidewalk or parkway.
2. Permits.
a. Type 1 Restaurants (Not Selling Alcoholic Liquor on the Sidewalk
Cafe Premises), Bakeries, or Ice Cream Stores More than Two
Hundred (200) Feet from a residentially Zoned District. Permits to
rent sidewalk space for a sidewalk cafe shall only be granted to the
licensed operator of restaurants, bakeries, or ice cream stores, as
defined in Section 7-2-6(D)(1) when these uses are more than two
hundred (200) feet from a residentially zoned district. Sidewalk
cafes are not permitted at restaurants, bakeries or ice cream
stores, or other licensed food service establishments, or other
licensed retail food stores located in a residential district. The
Design & Project Review Committee may authorize sidewalk cafes
appurtenant to a type 2 restaurant, and appurtenant to any
restaurant, bakery, ice cream store, or other licensed food service
establishment, or other licensed retail food store which is within two
hundred (200) feet of a residentially zoned district and is not itself
within a residential district subject to the procedures, standards,
and regulations contained within Section 7-2-6(D)(6). The two
hundred (200) feet shall be measured from the lot line of the parcel
devoted to said sidewalk cafe to the residential zoning district
boundary, inclusive of right-of-way.
b. Type 2 Restaurants, Other Licensed Food Service Establishments
or Other Licensed Retail Food Stores, and any Licensed Food
Service Establishment or Licensed Retail Food Store Within Two
Hundred (200) Feet of a residentially Zoned District or Type 1
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~3~
Restaurant With an Alcoholic Liquor License Outside the Core Area
"core area" as defined in Section 3-4-1 of this Code and Desirous
of Selling Alcoholic Liquor on the Sidewalk Cafe Premises.
Sidewalk cafe permits for type 2 restaurants, other licensed food
service establishments or other licensed retail food stores, and any
licensed food service establishment or licensed retail food store
within two hundred (200) feet from a residentially zoned district
shall require approval of the Design & Project Review Committee.
Type 1 restaurants with an alcoholic liquor license outside the "core
area" as defined in Section 3-4-1 of this Code core area and
desirous of selling alcoholic liquor on the sidewalk cafe premises as
defined in Section 7-2-6(D)(1), shall require the approval of the City
Council.
c. Enoteca and Class K Liquor Licensees. An Enoteca or Class K
liquor licensee requesting a sidewalk café permit requires approval
by the Design & Project Review Committee with respect to the
standards set forth in Section 7-2-6-(D)(6). An Enoteca or Class K
liquor licensee seeking to sell wine on the sidewalk at the premises
shall require the approval of the City Council
d. Permit Required. No licensed operator of a restaurant, bakery, ice
cream store, or other licensed food service establishment or other
licensed retail food store shall erect, place or maintain in or upon
any public sidewalk or parking contiguous or adjacent to said
licensed restaurant, bakery, ice cream store, or other licensed food
service establishment or other licensed retail food store, tables,
benches or chairs for the purpose of serving to customers thereon,
food and/or beverages for consumption at such sidewalk tables,
benches or chairs unless a permit for the same shall have been first
obtained from the Design & Project Review Committee the City in
the instance of a type 1 restaurant, bakery or ice cream store, when
the use is more than two hundred (200) feet from a residentially
zoned district, Enoteca/Class K liquor licensee, type 2 restaurant,
other licensed food service establishment or other licensed retail
food store, or any licensed food service establishment or licensed
retail food store within two hundred (200) feet of a residentially
zoned district. A type 1 restaurant with an alcoholic liquor license
outside the "core area", Enoteca/Class K liquor licensee desirous of
selling alcoholic liquor on the sidewalk cafe premises must first
obtain an alcohol license from the City Council.
e. Term of Permit. A licensed restaurant, bakery or ice cream store
operator or other licensed food service establishment or other
licensed retail food store operator or Enoteca operator or Class K
liquor licensee annually may apply for and obtain a sidewalk cafe
permit. The sidewalk cafe permit shall be effective only for the
period April 1 through November 1 of the calendar year for which
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the City has issued it. No licensed operator shall assign or transfer
a sidewalk café permit.
f. Exception; Renewal. If a sidewalk cafe permit was issued for the
prior calendar year, the approval for a sidewalk cafe permit shall be
obtained from the City Manager or his/her designee, provided, the
sidewalk cafe permit previously issued was not revoked or
suspended, and the sidewalk cafe received no inspection citation(s)
from property standards or the Health Department for said prior
calendar year. The renewal application must satisfy the
requirements set forth in Section 7-2-6(D)(3).
3. Permit Application. At the time of making application for a permit, the
applicant shall furnish the following information to the City Manager or
his/her designee:
a. Name and mailing address of the applicant and of the proposed
sidewalk cafe.
b. A detailed drawing to scale of the proposed site indicating the
following: the existing facade; the points of ingress and egress; and
the proposed location of the tables, chairs, serving equipment,
planters, awnings, lighting, delimiting ropes or chains and other
facilities to be included in the cafe operation. The detailed scale
drawing must indicate the location of the existing public
improvements including the following: fire hydrants, parking meters
or parking pay boxes, streetlights, utility structures, traffic signals,
street signs, bus shelters, trees, tree grates, planting boxes and/or
planting areas, landscaping, and any other public or private
obstruction. A plat of survey is required.
c. A statement of use as type 1 or type 2 restaurant, ice cream store,
bakery, or other licensed food service establishment or other
licensed retail food store of the principal use or Enoteca or Class K
liquor licensee.
d. A menu of the proposed service. Any restaurant which is prohibited
by Section 7-2-6(D) from serving alcoholic beverages must provide
evidence that the menu will so indicate.
e.d. An indemnification and hold harmless statement in a form approved
by the City.
f.e. A certificate of insurance covering the period of the outdoor
operations, including coverage of comprehensive general liability
insurance and other appropriate coverage for these types of
business activities in the amount of one million dollars
($1,000,000.00) per occurrence and five hundred thousand dollars
($500,000.00) per person. The City is to be named as an additional
insured on the face of the certificate with an insurance company
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~5~
with a B+ rating or better. Any changes or cancellations shall
require that the City be notified in writing at least thirty (30) days
prior to the effective date of the change or cancellation. The
certificate of insurance shall be subject to final approval by the City
and the applicant shall make whatever amendments to said
certificate if requested to do so by the City.
g.f. A copy of a valid business license and liquor license (if applicable)
issued by the City.
h.g. An acknowledgment that the applicant has received, reviewed, and
understood the regulations pertaining to sidewalk cafes.
i.h. Annual permit fee in the amount of three hundred dollars ($300.00)
for type 1 restaurants and type 2 restaurants or two-hundred and
fifty dollars ($250.00) for all other businesses. A three dollar ($3.00)
per square foot of the public right-of-way to be occupied shall be
paid by type 1 restaurants and type 2 restaurants or two dollar
($2.00) per square foot of the public right-of-way to be occupied
shall be paid by all other businesses. In instances in which any
licensed food service establishment or licensed retail food store has
used the public right-of-way for a sidewalk cafe without the benefit
of a permit issued by the City for such usage, the sidewalk cafe
annual permit fee shall be increased by an additional two hundred
dollars ($200.00) plus one dollar ($1.00) per square foot of the
public right-of-way to be occupied.
4. Unobstructed Passage. At all times the operator of any licensed food
service establishment or licensed retail food store shall:
a. Maintain a clear distance of a minimum of six (6) unobstructed feet
in width, measured from the sidewalk curb and from any public
improvements within the right-of-way, including, but not limited to,
parking meters, signs, and planters to the ropes or chains delimiting
the sidewalk cafe area as indicated on the approved permit.
Clearance should provide for a lineal path for pedestrian travel.
Café area shall be two (2) feet minimally from inside of street curb
and shall not encroach into streetscape paver band.
b. Not interfere with the passage of pedestrians, vehicle flow, or
access to buildings.
c. Not place sidewalk tables, benches, or chairs in a location that
interferes with the operation of fire hydrants, pedestrian crosswalks,
intersections, bus stops, or taxi stands, or in a location that is
harmful to trees or other plantings.
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46-O-19
~6~
d. Not utilize any of the required or nonrequired parking space area
for sidewalk tables, benches, chairs, or other furniture and
materials associated with the sidewalk cafe.
5. Rules And Regulations For All Sidewalk Cafes.
a. A type 1 restaurant with an alcoholic liquor license outside the "core
area", Enoteca/Class K liquor licensee desirous of selling alcoholic
liquor on the sidewalk cafe premises must first obtain an alcohol
license from the City Council.
(1) Licensed type 1 restaurants, possessing an alcoholic liquor
license of any classification and located within the "core area" as
defined in Section 3-4-1 of this Code, may sell alcoholic liquor on
sidewalk cafe premises. Such sale of alcoholic liquor shall be for
consumption on the premises only with the consumption of a meal.
This provision must be clearly stated on sidewalk cafe menus
during the period when their patrons are offered a complete meal.
(2) Licensed restaurants, possessing an alcoholic liquor license
of any classification, but located outside the "core area" as defined
in Section 3-4-1 of this Code, unless otherwise permitted in Section
7-2-6(D)(5)(a)(3), and all type 2 restaurants, are prohibited from
serving alcoholic liquor on the sidewalk cafe premises or allowing
any patron to consume or have in his or her possession, any
alcoholic liquor on said cafe premises. Licensed restaurants outside
the core area which serve alcoholic liquor in the principal
establishment, unless otherwise permitted in Section 7-2-
6(D)(5)(a)(3), and type 2 restaurants which serve alcoholic liquor in
the principal establishment shall clearly state on the menu for
outdoor service that the sale and/or consumption of alcoholic liquor
is prohibited.
(3) Type 2 restaurants are, generally, prohibited from serving
alcohol and must clearly state on the menu for outdoor service that
the sale and/or consumption of alcoholic liquor is prohibited.
However, Type 2 restaurants which serve alcoholic liquor in the
principal establishment, may serve alcohol on their sidewalk café
only if the restaurant complies with the requirements of a Type 1
restaurant in Section 7-2-6(D) on the restaurant’s sidewalk café. All
alcoholic beverages must be served in reusable glassware.
(34) Licensed type 1 restaurants, possessing an alcoholic
beverage license of any classification, but located outside the "core
area," may request a sidewalk cafe permit which allows the sale of
alcoholic liquor on sidewalk cafe premises subject to the standards
and procedures of Section 7-2-6(D)(6) and in compliance with all
other applicable provisions of this Code.
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46-O-19
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(45) An Enoteca possessing a Class K liquor license sell wine
within the boundaries of the sidewalk cafe premises.
(56) A Class K liquor licensee may sell beer, wine, or liquor within
the boundaries of the sidewalk café premises.
(7) Alcohol is not permitted on the sidewalk cafe of a restaurant
that does not possess a City of Evanston liquor license.
b. At all times, including while being stored, prepared, displayed,
served or transported to the table, food shall be protected from
potential contamination by being covered and/or refrigerated if
necessary.
c. Reusable, nondisposable flatware, dishware and beverage
containers, are required for use in association with all sidewalk
cafes. No food or beverage, including water, shall be served in, on,
or with single use paper, plastic, or polystyrene plastic dishes or
utensils, nor shall any food or beverage be served to the customer
wrapped or packaged in foil, paper, plastic, or polystyrene plastic.
The prohibition on the use of single use dishes, utensils, beverage
containers or foil, paper, plastic, or plastic wrapping or packaging
may be waived by the Design & Project Review Committee or City
Council upon a showing of good cause. Such good cause includes,
but is not limited to, provisions of table bus service, a litter control
and disposal plan, or equivalents, sufficient to obviate any adverse
off site effects of the grant of the waiver.
d. When associated with type 1 restaurants, food or beverages
consumed at sidewalk tables, benches, or chairs must be served by
a waiter or waitress of the restaurant at said tables, benches, or
chairs. When associated with type 2 restaurants, bakeries, ice
cream stores or any other licensed food service establishment or
other licensed retail food store, a sidewalk cafe shall provide bus
service during all hours of operation. When associated with
Enotecas or Class K liquor licensees, food or beverages consumed
at sidewalk tables, benches, or chairs must be served by a waiter
or waitress of the Enoteca or Class K liquor licensees at said
tables, benches, or chairs.
e. The operator of any licensed food service establishment or licensed
retail food store or Enoteca or Class K liquor licensees must
maintain the exterior of the premises, including the sidewalk cafe
area, in accordance with applicable regulations of the Evanston
Health Department and Public Works Department. This duty to
maintain extends to the removal of all litter, regardless of its source.
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~8~
f. Generally, Sidewalk tables, benches, or chairs may not be attached
by any means to the public sidewalk or any other public property. If
a restaurant has a right of way space that is rectangular and is
larger than six hundred (600)sq/ft, the restaurant can apply to install
permanent infrastructure for its sidewalk café.
g. Sidewalk tables, benches, or chairs may be stored on the City
sidewalk, in an area approved by the City, upon the payment of a
three hundred dollar ($300.00) fee for type 2 restaurants or a two-
hundred and fifty ($250.00) for all other types of businesses.
h. A sidewalk cafe shall not be open for business when the interior
aspect of the business is not open for business.
i. The outdoor seating area shall be accessible to the disabled, and
the licensee shall at all times comply with all applicable federal,
state, and City laws, ordinances, and regulations concerning
accessibility and nondiscrimination in the providing of services.
j. No animals, except those assisting the disabled, shall be allowed in
the outdoor restaurant seating area.
k. Except for an Enoteca business or Class K liquor license
establishment, alcohol will only be served at sidewalk cafes in
conjunction with a full meal. The sidewalk cafe shall not function as
a "bar," as that term is defined in Section 3-4-1, the City's liquor
control regulations, of this Code.
l. Alcohol will not be served at sidewalk cafes after 9:30 p.m. on
weekdays and after 10:30 p.m. on weekends.
m. Any violation of the City's liquor control regulations at the sidewalk
cafe premises may result in the revocation of the liquor license for
the entire licensed premises in accordance with the provisions of
Title 3, Chapter 5 of this Code.
n. Revocation or suspension of a sidewalk cafe permit by the City
Manager or his/her designee pursuant to Section 7-2-6(D)(7)
prohibits service of alcoholic liquor on the sidewalk cafe premises
for the duration of the revocation or suspension.
o. No amplified music, whether live or recorded, is allowed on
sidewalk café premises.
p. The sidewalk café permit and approved plan shall be conspicuously
displayed on the exterior wall or window of the main entrance of the
licensed retail food establishment during all hours of operation. The
boundaries of the Sidewalk Café, including the physical boundary
separating the permitted outdoor seating from the remainder of the
public way, shall reflect the approved plan and shall not be modified
or altered unless approved by the Design & Project Review
Committee or City Council.
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r. If a boundary is installed enclosing the permitted area from the
remainder of the public way, the boundary shall be no less than
twenty-four (24) inches or more than thirty-six (36) in height and
shall include cane detectable barriers located twenty-seven (27)
inches or less above ground.
s. Non–permissible enclosure of City property within the boundaries of
the sidewalk café shall include, but not limited to parking
meters/boxes, fire hydrants, newspaper stands/boxes, trees,
planters and bike racks. These types of items must be accessible
to the public or to the City for emergency services.
t. No portion of the sidewalk café shall expand to include neighboring
businesses, residences or empty lots. No portion of the sidewalk
café shall be elevated. Sidewalk cafes cannot operate under
scaffolding or construction canopies.
u. Permittees are required to be current with payment of all taxes and
any fee/payment due the City of Evanston. Permit shall be
automatically revoked sixty (60) days after notice on non-payment
and equipment shall be removed from café area.
v. Smoking of any type is prohibited on sidewalk cafes. Permittees
are responsible for the conduct of patrons of their sidewalk café.
Failure to enforce the City’s prohibition against smoking can result
in revocation of the sidewalk café permit or a fine.
6. Rules for year-round sidewalk café: If a sidewalk café permittee chooses
to offer café service year-round, the following additional regulations shall
be complied with:
a. Fees: Permit Fee per square foot shall be $6 for Type 1 and 2
cafes with year round operations plus $300 annual permit fee and
$250 (Type 1)/$300 (Type 2) outdoor storage fee (optional). Permit
fee per square foot shall be $4 for all other businesses plus $250
annual permit fee and $250 outdoor storage (optional).
b. Operational: The approved café space must remain operational.
The café area cannot be used for winter month storage of café
structures (barriers, tables, chairs) or for the storage of snow.
c. Enclosure: No enclosure of the sidewalk café. While a canopy or
awning can be used to provide overhead coverage, complete
enclosure of a sidewalk café is prohibited. Any partial enclosure
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including overhead, must comply with City of Evanston Building and
Fire Code regulations and permit requirements.
d. Heating Equipment: Any heating equipment shall be identified on
the site plan; shall maintain a minimum clearance distance of three
(3) feet from all combustibles; shall be listed for use by an approved
agency and any use of electrical power supply for the heating
equipment shall be properly grounded and not obstruct the means
of egress. The unit and layouts shall be compliant with existing
Fire Prevention and Building code regulations. Fire Department
review required.
e. Snow: All permittees are responsible for snow shoveling and snow
removal from café area and adjacent public right of way.
Accumulated snow must be hauled from “core area.” Café area
cannot be used for snow storage.
7. Rules for any café with year-round permanent fixtures: If a sidewalk
permittee chooses to offer café service year-round that includes the
installation of permanently attached fixtures within the café limits, the
following additional regulations shall be complied with:
a. Layout Approval: The layout of permanent sidewalk cafe will be
reviewed by the Design and Project Review Committee and subject
to final approval by the City Council. Layout must include all
fixtures to be installed into or attached upon the public sidewalk as
well as all other café items. Submittal documents shall include
fixture specifications showing all season design. All structural
elements of fixtures and attachment methods shall be reviewed and
sealed by a structural engineer with current licensure with the State
of Illinois.
b. Public Notice: All addresses within two hundred fifty (250) feet of
café area shall be notified of intent to occupy sidewalk space for
year round café operation which includes permanently attached
fixtures. Notice shall be published in a publication of local
circulation of applicant’s intent to occupy the sidewalk space for
year round café operation which includes permanently attached
fixtures. Expense for notification is the applicant's responsibility.
Notice shall be published in a publication of local circulation a
minimum of 15 days prior to DAPR hearing date
c. Construction: The permittee shall be responsible for the
construction and cost of any improvement in the public right of way.
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d. Maintenance: The permittee shall be responsible for all
maintenance and repair of café area and permanently attached
fixtures.
e. Site Restoration: The permittee shall be required to provide an
annual bond for the removal of the permanent fixtures and
restoration of the sidewalk after the permittee ceases cafe
operation. Restoration of the sidewalk shall be the responsibility of
the permittee. If a license is revoked or not renewed, the permittee
shall coordinate with the Public Works Agency Director and restore
the sidewalk to its original condition within sixty (60) days of
revocation or expiration of the permit. The Public Works Agency
Director may grant extensions for good cause. Bond amount to be
determined by Public Works Agency and submitted annually with
sidewalk café application.
f. Access: The City has the right to access the café area for the
purpose of sidewalk and utility maintenance.
g. Changes to fixtures or layout: Proposed changes to the layout or
fixtures shall be reviewed and approved by the Design and Project
Review Committee prior to any changes being made.
h. Clearance: Sidewalk cafes with permanently attached fixtures are
required to maintain a minimum of eight (8) unobstructed feet in
width measured from any public improvement within the right of
way, including but not limited to parking meters and boxes, signs,
planters to any barrier delimiting the sidewalk café area as
indicated on the approved site plan. Clearance should provide for a
lineal path for pedestrian traffic. Café area shall be two (2) feet
minimally from the inside of the street curb and shall not encroach
the streetscape paver band.
i. Good Standing: Applicant is eligible for permanent fixture
installation only if all taxes and payments/fees owed the City are
current. Applicant must be in good standing with the City of
Evanston for previous 12 months.
68. Standards and Procedures for Approval of a Permit for a Sidewalk Cafe
for a Type 2 Restaurant, Other Licensed Food Service Establishment,
Other Licensed Retail Food Store, Type 1 Restaurant Within Two Hundred
Feet of a Residentially Zoned District, or a Type 1 Restaurant With an
Alcoholic Liquor License Outside the Core Area and Desirous of Selling
Alcoholic Liquor on the Sidewalk Cafe Premises or an Enoteca or a Class
K Liquor Licensee.
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The Design & Project Review Committee, by motion, may approve,
approve with conditions, or disapprove, an application for a permit for type
2 restaurants, or other licensed food service establishments or other
licensed retail food stores, or any licensed food service establishment or
licensed retail food store which is within two hundred (200) feet of a
residentially zoned district, or Enoteca/Class K liquor licensee upon finding
of facts with respect to the standards set forth below:
a. The proposed sidewalk cafe will not cause a negative cumulative
effect when its effect is considered in conjunction with the
cumulative effect of other sidewalk cafes in the immediate
neighborhood.
b. The proposed sidewalk cafe will not cause undue pedestrian or
vehicular traffic congestion.
c. The sidewalk cafe will not have a substantial adverse impact on the
use, enjoyment or property values of adjoining properties.
d. The proposed sidewalk cafe will comply with all the rules and
regulations contained herein, except that the Design & Project
Review Committee or City Council may modify, or waive the
requirements in Section 7-2-6(D)(5)(c). Sidewalk cafes serving
alcoholic liquor must comply with the City's liquor control
regulations.
e. For sidewalk cafes licensed in the previous year, any failure to
comply with the provisions of Section 7-2-6(D) or with the City's
liquor control regulations during that year are not likely to have an
adverse effect upon the public health, welfare, or safety in the year
for which permission is sought to serve alcoholic liquor at the
sidewalk cafe.
f. The proposed sidewalk cafe is not likely to have an adverse effect
upon the public health, welfare, or safety.
g. For type 1 restaurants outside the core area not located within one
(1) block of a parking lot with spaces available during hours of
operation of the sidewalk cafe in numbers to accommodate one (1)
vehicle for each table in the sidewalk cafe, the applicant seeking
permission to sell alcoholic beverages at a sidewalk cafe must
provide and maintain valet parking service utilizing a dedicated off
street parking facility. Each such restaurant must actively
encourage its customers to park in a parking facility the garage, not
on the street.
h. All permitted sidewalk café staff serving alcohol to sidewalk café
patrons shall acknowledge and abide by all City and State BASSET
requirements.
Type 1 restaurants with an alcoholic liquor license outside the core
area and desirous of selling alcoholic liquor on sidewalk café
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premises or Enotecas/Class K liquor licensees that wants to sell
wine on the sidewalk at the premises shall require the approval of
the City Council. The City Council, by motion, may approve,
approve with conditions, or disapprove, an application for a permit
upon findings of fact with respect to any of the above standards.
Notwithstanding an affirmative finding on any or all of the standards
in Section 7-2-6(D)(6), the Design & Project Review Committee
may deny a permit for a sidewalk cafe for a type 2 restaurant, or
other licensed food service establishment or other licensed retail
food store, or Enoteca/Class K liquor licensee, or any licensed food
service establishment or licensed retail food store which is within
two hundred (200) feet of a residentially zoned district. The City
Council may deny permission to sell alcoholic beverages on the
sidewalk cafe premises of a type 1 restaurant with an alcoholic
liquor license outside of the "core area" or an Enoteca/Class K
liquor licensee upon a finding that such denial is in the public
interest.
i. Appeals. An appeal of any decision of the Design and Project
Review Committee in connection with the standards set forth in this
section may be made to the City Council within fourteen (14) days
after its transmittal to that party by filing a written notice of final
appeal with the City Council. Upon receipt of the written notice of
final appeal, the City Council will review the relevant evidence,
documents, or information and may receive and consider new
evidence. Within thirty (30) days after receipt of the written notice of
final appeal, the City Council will render a written decision at a
regularly scheduled meeting. Such decision may reverse, affirm, or
modify, in whole or in part, the action appealed from and may
include such order or determination as, in the opinion of the City
Council, is proper to be made in the circumstances. If no regularly
scheduled meeting occurs within thirty (30) days of receipt of the
notice of final appeal, the City Council will render its written
decision at the next regularly scheduled meeting thereafter. The
written decision of the City Council will be final.
79. Revocation And Suspension. The City Manager or his/her designee may
revoke or suspend a permit for any sidewalk cafe at any time upon a
determination that the requirements applicable thereto are not met. Unless
the public health, welfare, or safety requires more immediate action,
revocation and suspension are effective forty eight (48) hours after written
notice is delivered to the restaurant, bakery, ice cream store or other
licensed food service establishment or other licensed retail food store. No
hearing is provided. A licensed restaurant, bakery, ice cream store or
other licensed food establishment or other licensed retail food store
operator whose sidewalk cafe permit is revoked is not eligible to reapply
for a permit during the calendar year of revocation. The City Manager or
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his/her designee may impose conditions on reinstatement of a suspended
permit or upon the grant of a permit to a licensed food service
establishment, retail food store operator, or Enoteca or Class K liquor
licensee whose sidewalk cafe permit has been revoked within the previous
two (2) calendar years.
810. Legal Effect. In the event of a conflict between the regulations in the
zoning ordinance and the regulations contained herein, the regulations in
this Chapter shall be controlling with respect to sidewalk cafes.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: This ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
SECTION 5: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _________________, 2019
Adopted: ___________________, 2019
Approved:
__________________________, 2019
_______________________________
Stephen H. Hagerty, Mayor
Attest:
_______________________________
Approved as to form:
______________________________
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Devon Reid, City Clerk Michelle L. Masoncup, Corporation
Counsel
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For City Council meeting of July 15, 2019 Item SP6
Resolution 72-R-19: Amending Council Rules to Address Remote Public Comment
Participation
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Michelle L. Masoncup, Corporation Counsel
Subject: Resolution 72-R-19 – Amending City Council Rules to Address Remote Public
Comment Participation
Date: July 15, 2019
Recommended Action:
The Rules Committee recommends that the City Council adopt Resolution 72-R-19,
amending City Council Rule 6, “Citizen Participation,” to state that only individuals
attending the meeting in person may participate in public comment and no electronic
participation will be allowed.
Livability Benefits:
Equity & Empowerment: Provide for meaningful community engagement; Ensure
equitable access to community assets
Summary:
The Rules Committee discussed at its June 3, 2019 meeting if persons should be
permitted to participate remotely in the public comment portion of the meeting via
electronic communication. The Committee directed staff to draft an amended rule to
state that only individuals present at the meeting would be allowed time to address the
Council or its subcommittees. At the July 8, 2019 City Council meeting, Alderman
Fleming requested that language be inserted to address situations in which an
individual wishes to address the Council or its subcommittees, but is unable to attend
due to a physical disability. Language is added to this resolution that provides for a
statement to read at the meeting which is:
If an individual cannot attend the meeting due to a physical disability, the person is
provided other alternative channels of communication to provide their comments,
including the person may submit written public comment in advance of the meeting and it
will be read during Public Comment within the time parameters set forth herein. In the
event there is not adequate time to read the entire statement, the balance of the
statement will be included in the record.
Attachments:
Resolution 72-R-19
Memorandum
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7/10/2019
6/30/2019
72-R-19
A RESOLUTION
Amending City Council Rule 6, “Citizen Participation,” to Require that
Individuals are Physically Present to Participate in Public Comment
Unless an Individual is Physically Disabled and Cannot Attend and to
Amend the Section Heading to “Public Comment”
WHEREAS, the City Council amends the City Council Rules and
Organization of the City Council of the City of Evanston (“City Council Rules”) from time
to time; and
WHEREAS, the business of the City is to be conducted in an orderly and
efficient manner to facilitate sound City Council and public deliberation and decision
making; and
WHEREAS, the Rules Committee of the City Council requested at its June
3, 2019 meeting, that the City Council Rules should be amended to prohibit individuals
from remotely addressing the Council during public comment; and
WHEREAS, the title of the section should more accurately reflect that the
public participation period is not just for citizens and re-title the section to “Public
Comment”,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1. Section 6 of the City Council Rules is hereby re-titled to read
as follows:
6. CITIZEN PARTICIPATION PUBLIC COMMENT
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SECTION 2. Rule 6.2 of “Public Comment” of the City Council Rules is
hereby amended to read as follows:
6.2 The Council shall provide a period for Public Comment Citizen Comment.
Interested persons shall sign their name, address and the agenda item or other topic to
be addressed on a designated citizen participation sheet. Only individuals physically
present at the meeting are permitted to participate in Public Comment. No electronic
communication methods will be permitted for persons that seek to participate remotely in
Public Comment. If an individual cannot attend the meeting due to a physical disability,
the person is provided other alternative channels of communication to provide their
comments, including the person may submit written public comment in advance of the
meeting and it will be read during Public Comment within the time parameters set forth
herein. In the event there is not adequate time to read the entire statement, the balance
of the statement will be included in the record. A speaker may address the Council for no
more than three minutes, and only once per Council meeting. The maximum time limit for
each speaker is a single three minute time limit applied to any and all topics the speaker
addresses. The maximum time period for citizen participation is forty-five minutes. If
there are more than 15 speakers, the Mayor will allocate time among the speakers to
ensure that citizen comment does not exceed forty-five (45) minutes. Speakers will not
be permitted to cede time to another speaker. The business of the City Council shall
commence no later than forty-five (45) minutes after the beginning of Citizen Public
Comment.
City Council standing committees shall provide opportunities for citizen comment at the
beginning of each meeting. For all of the standing committees of the City Council, except
Planning and Development, a period of twenty minutes shall be provided for all public
comment, and no individual may speak longer than two (2) minutes and cannot cede time
to another speaker. For Planning and Development Committee, a period of forty-five
minutes (45) shall be provided for all public comment and no individual may speaker
longer than two (2) minutes and cannot cede time to another speaker. The committee
chair of the standing committees will allocate time among the speakers to ensure that
Public Comment does not exceed the allotted time provided above. The business of the
committee shall commence after the specified time above expires.
SECTION 3. That this Resolution 72-R-19 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
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_______________________________
Stephen H. Hagerty, Mayor
Attest:
_______________________________
Devon Reid, City Clerk
Adopted: __________________, 2019
Approved as to form:
_______________________________
Michelle L. Masoncup, Corporation
Counsel
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For City Council meeting of July 15, 2019 Item SP7
Resolution 73-R-19: Amending Council Rules - Signage in the Chambers
For Action
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Michelle L. Masoncup, Corporation Counsel
Subject: Resolution 73-R-19, Amending City Council Rules by Regulating Signs in the
Council Chambers by Members of the Public
Date: July 1, 2019
Recommended Action:
The Rules Committee recommends that the City Council adopt Resolution 73-R-19,
amending City Council Rule 6, “Citizen Participation,” to address members of the public
signs in the Council Chambers.
Livability Benefits:
Equity & Empowerment: Provide for meaningful community engagement; Ensure
equitable access to community assets
Summary:
At the June 3, 2019 Rules Committee, the Committee discussed decorum issues,
including the increasing use of signs, banners and posters by members of the public to
communicate messages. The Rules do not address signs, banners, or posters and due
to the increasing use of the materials, the Committee directed staff to draft a rule to
address the size of the sign, but not a prohibition of signs in the Council Chambers.
The City Council may impose reasonable time, place, and manner regulations that are
content neutral if the regulations are narrowly tailored to serve a significant
governmental interest and leave open ample alternative channels of communication.
The City Council meeting is a designated public forum for speech. The City may
establish rules to balance a citizen’s right to express his or her views while on public
property and the government’s interest conducting an efficient meeting to get work
done. Perry Education Association v. Perry Local Educators Assn., 460 U.S. 37 (1983).
The proposed rule does not address content of the signs, it is devoted to ensure that
other members of the public can participate in the meeting and their view of the
proceedings is not disturbed.
Attachments:
Resolution 73-R-19
Memorandum
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7/10/2019
7/1/2019
73-R-19
A RESOLUTION
Amending City Council Rule 6, “Citizen Participation,” by Regulating
Signs in the Council Chambers by Members of the Public
WHEREAS, the City Council amends the City Council Rules and
Organization of the City Council of the City of Evanston (“City Council Rules”) from time
to time; and
WHEREAS, the business of the City is to be conducted in an orderly and
efficient manner to facilitate sound City Council and public deliberation and decision
making; and
WHEREAS, the Rules Committee of the City Council requested at its June
3, 2019 meeting, that the City Council Rules should be amended to address the size of
signs and location,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1. Rule 6 “Citizen Participation” of the City Council Rules is
hereby amended to add a new subsection 6.10 to read as follows:
6.10 Persons attending the meeting may hold a sign that is no greater than 8 ½ X
11’’ in size. Signs that are larger than the stated size will not be permitted. The sign
may not block the view of other members of the public and cannot be affixed to
anything within the Council Chambers, including but not limited to the walls, windows,
podium, or other glass.
SECTION 2. That this Resolution 73-R-19 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
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_______________________________
Stephen H. Hagerty, Mayor
Attest:
_______________________________
Devon Reid, City Clerk
Adopted: __________________, 2019
Approved as to form:
_______________________________
Michelle L. Masoncup, Corporation
Counsel
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For City Council meeting of July 15, 2019 Item SP8
Resolution 78-R-19: Censuring City of Evanston Clerk Devon Reid for Violating
the City of Evanston Heathly Work Environment Policy and the Open Meetings Act
and Council Rules Regarding Closed Session Recordings
For Action
To: Members of the City Council
From: Stephen H. Hagerty, Mayor
Subject: Resolution 78-R-19, Censuring City of Evanston Clerk Devon Reid for
Violating the City of Evanston Heathly Work Environment Policy and the Open
Meetings Act and Council Rules Regarding Closed Session Recordings
Date: July 10, 2019
Recommended Action:
This resolution recommends that the City Council censure City Clerk Devon Reid for his
unprofessional communication and harassment of multiple City employees and violation
of the Open Meetings Act and Council Rules.
Livability Benefits:
Equity & Empowerment: Provide for meaningful community engagement
Summary:
The City of Evanston has a Healthy Work Environment Policy (the “Policy”) which all
employees must follow in their communications and actions at work. Attached is a copy
of said policy. If an employee believes that the policy is not followed, he/she can file a
complaint with the Human Resources Division based on conduct from other City
employees and elected officials that occurs in performance of their duties at work. If an
employee is found to have violated the Policy, they are subject to discipline for their
actions which can range from a verbal reprimand to termination.
To conform to the Policy’s objectives, elected officials must also conduct themselves in
a professional manner in their communications and interactions with City employees. In
this instance, multiple City employees filed complaints with the Human Resources
Division against City Clerk Reid. Due to the involvement of an elected official, the City
retained outside legal counsel to conduct the investigation and issued findings relating
to the complaints.
Based on the investigation, the employee complaints were sustained and the City Clerk
was to found to have acted in a manner that is inconsistent with the Evanston Healthy
Work Environment Policy. He is found to have harassed, threatened, and retaliated
against the City employees. Additionally, he engaged in ongoing unprofessional
communications with the City employees. Due to the privacy rights afforded to City
employees under the Illinois Personnel Records Review Act, I cannot disclose the
Memorandum
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specific complaints and findings contained in the investigation report. However, the
specific findings have been shared by me with the City Clerk.
As mentioned above, if an employee violates the Policy, they are subject to discipline
for their actions by their supervisor. However, elected officials cannot be disciplined
under the Personnel Manual.
Additionally, as the City Clerk, Reid is vested with the responsibility to keep verbatim
closed session recordings and to create minutes from said recordings. The
Illinois Open Meetings Act prohibits the verbatim records from being recorded and
removed from the City’s main office or official storage location, except by vote of
the public body or by court order. 5 ILCS 120/2.06(e). Verbatim recordings of
closed sessions shall not be open for public inspection unless the public body
decides otherwise. Id. Similarly, Section 8.3 of the City Council Rules requires that
the closed session discussions be kept confidential by all those in attendance. The
report found that Clerk Reid failed to follow the Open Meetings Act by not keeping
the recordings secure, making them on multiple devices, and improperly shared the
information from closed session.
Given the extent and seriousness of the findings, action by this censure is the sole
means for the Evanston City Council to address Clerk Reid’s unprofessional
conduct. The Clerk’s behavior towards the City employees is not acceptable, nor
representative of the community’s standards and values, and must stop.
Attachments:
Resolution 78-R-19
City of Evanston Healthy Work Environment Policy
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7/10/2019
78-R-19
A RESOLUTION
CENSURING CITY OF EVANSTON CLERK DEVON REID FOR VIOLATING
THE CITY OF EVANSTON HEALTHY WORK ENVIRONMENT POLICY
AND THE OPEN MEETINGS ACT AND COUNCIL RULES REGARDING
CLOSED SESSION RECORDINGS
WHEREAS, elected officials of the City of Evanston (the “City”) shall
conduct themselves in a professional manner and in the best interests of the City and its
employees, specifically, each elected official should:
A. Promote the adopted City policies, which City employees must follow,
including the Healthy Work Environment policy, practices, values, and
mission;
B. Maintain positive, professional communications;
C. Demonstrate professional communications with all employees of the City;
D. Create and support a healthy work environment for all employees of the City;
and
E. Refrain from retaliating against any employee who raises a complaint
pursuant to a City policy.
WHEREAS, the City Council of the City of Evanston (the “City Council”)
finds that Clerk Devon Reid:
A. Is duly-elected and serving as the City Clerk for the City of Evanston;
B. Has engaged in unprofessional conduct and communications, including
inappropriate workplace conversations with City employees, threatening,
harassing, and retaliating against multiple City employees for, among other
items, engaging in protected activity; and
C. Has failed to adhere to his duty to the City with respect to creating and
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78-R-19
maintaining closed session recordings and minutes of the City Council in
compliance with the Open Meetings Act and City Council Rules.
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1. The recitals above are hereby adopted as true and correct.
SECTION 2. The City Council hereby censures City Clerk Devon Reid for
his unprofessional communication and harassment of City employees, by his improper
conduct as specified above, and states all elected officials should comply with the
Healthy Work Environment Policy in their interactions with City employees. Additionally,
the Council censures City Clerk Reid for his failure to maintain closed session
recordings and information from closed session in confidence and in compliance with
the Open Meetings Act.
SECTION 3. Mayor Hagerty is directed to deliver a copy of this Resolution
to City Clerk Devon Reid.
SECTION 4: If the City Clerk refuses to sign this resolution, pursuant to
City Code Section 1-7-4, the City Manager appoints Kimberly Richardson to be a
Deputy City Clerk in the absence of the City Clerk and therefore authorized to attest to
this Resolution.
SECTION 5. That this Resolution 78-R-19 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
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78-R-19
_______________________________
Stephen H. Hagerty, Mayor
Attest:
_______________________________
Devon Reid, City Clerk
Adopted: __________________, 2019
Approved as to form:
_______________________________
Michelle L. Masoncup, Corporation
Counsel
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January 2017
• As employees of the City of Evanston, we are committed
to the creation and support of a healthy work environment
for all employees, consistent with the City’s Healthy
Workplace Strategy.
• We understand that positive, professional communications
are critical to a healthy work environment and positive
employee morale.
• We commit to hold ourselves accountable to demonstrating
professional communications with all employees, residents,
businesses and customers of the City of Evanston.
• If at any time it is brought to our attention that any behavior
is not professional, we agree to listen to the feedback and
commit to work on improving the issue brought to our
attention.
• We understand that ongoing negative communications
are unacceptable.
• We commit to bring issues of unprofessional communication
to the attention of fellow employees and supervisors in a
constructive manner.
Commitment to a Healthy
Work Environment
Printed name Signature Date
106 of 106
-- 106 of 106 --More agendas from Evanston
- Agenda
The Evanston Joint Review Board met on December 11, 2025, to conduct its statutorily required annual review of Tax Increment Financing (TIF) district reports for fiscal year 2024. The agenda included approval of 2024 meeting minutes, review of annual reports for five active TIF districts (Howard Ridge, West Evanston, Dempster Dodge, Chicago Main, and Five Fifths), and board discussion. The meeting was held virtually via Google Meet and involved representatives from the City of Evanston, Oakton College, Evanston Township High School District 202, Evanston School District 65, and the Evanston Public Library.
AI summary
- Agenda