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CITY COUNCIL 2013/02/04 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, February 4, 2013 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL Honorable Donald Schoenheider, Acting Mayor Kent Novit, Alderman First Ward Jack Reisenberg, Alderman Third Ward Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Appoint Jack Reisenberg to fill the unexpired third ward Alderman seat B. Resolution of Appreciation for Lake Forest resident Susan Garrett for serving as Illinois State Representative since 1999 and State Senator since 2003 C. Appoint Mike Ley as Chair to the Plan Commission D. Swearing in of Police Officer Stephanie L. Bong 2. Comments by City Manager 7:50 p.m. A. Lake County Strategic Plan PRESENTED BY MICHAEL RUMMEL, LAKE COUNTY BOARD MEMBER 3. Comments by Council Members 8:10 p.m. A. CROYA Updates- Alderman Moore OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:20 p.m. 1 February 4, 2013 Agenda 1. Check Register For Period December 22, 2012 - January 25, 2013 Fund Invoice Payroll Total General 336,471 1,027,548 1,364,019 Water & Sewer 83,185 105,305 188,489 Parks & Recreation 99,706 247,356 347,062 Capital Improvements 214,621 3,751 218,372 Bond Funds - Projects 0 0 0 Motor Fuel Tax 0 0 0 Cemetery 15,801 14,859 30,659 Senior Resources 15,294 17,432 32,726 Deerpath Golf Course 29,372 15,534 44,906 Fleet 95,121 33,333 128,454 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 265,568 139,350 404,918 $ 1,155,138 $ 1,604,467 $ 2,759,605 2. Ordinance Terminating the West Lake Forest Tax Increment Financing (TIF) District, Declaring Surplus Revenue in the TIF District and Authorizing Payment of Surplus Revenue to the Affected Taxing Districts on a Pro Rata Basis and an Ordinance providing for a Supplemental Appropriation for FY13 for the TIF Fund (Final Approval) STAFF CONTACT: ELIZABETH HOLLEB, DIRECTOR OF FINANCE PURPOSE AND ACTION REQUESTED: Staff requests that the City Council adopt an Ordinance terminating the West Lake Forest TIF district effective December 31, 2012, declaring surplus revenue in the TIF district and authorizing payment of surplus revenue to the affected taxing districts pursuant to State Statutes. Due to FY13 property tax receipts exceeding budget estimates, a supplemental appropriation is required for FY13 to close out the TIF Fund. BACKGROUND/DISCUSSION: The City Council adopted Ordinances approving the West Lake Forest Tax Increment Financing (TIF) District Redevelopment Plan, designating the area as a redevelopment project area pursuant to the Tax Increment Allocation Redevelopment Act, and adopting tax increment allocation financing for the area on May 14, 1988, at which time the certified assessed valuation of the TIF district was $2,396,529. Since 1988, the district has evolved significantly in terms of growth in assessed valuation and increased utilization of previously vacant parcels within the redevelopment project area. Over the years, the City has participated in several major redevelopment initiatives within the district including a new commuter station and parking lot, train depot and fire station, installation of sanitary sewer and water mains, traffic and streetscape improvements, school and park improvements. Private projects have included the renovation of Country Corners shopping center, construction of Sunset Foods shopping center and Lovell’s Restaurant. Several townhouse and single-family developments have occurred. During FY10-12, the City completed a comprehensive upgrade of its fiber 2 February 4, 2013 Agenda optic telecommunications systems within the commercial and public portions of the TIF District. State Statutes establish a standard 23-year period for TIF districts, which for the West Lake Forest TIF ends December 31, 2012. The City notified all impacted taxing districts of the TIF expiration by November 1, 2012 in accordance with statutory requirements and the City Council adopted a resolution confirming its intent to terminate the TIF district effective December 31, 2012 to provide added assurance to taxing districts including the TIF assessed valuation in their 2012 tax levies. As of September 2012, the Lake County Assessor’s Office estimated the additional TIF assessed valuation to be $49.5 million. With all remaining expenditures having been processed by the December 31 deadline, the Finance Department has determined that the special tax allocation fund for the West Lake Forest Redevelopment Area has final surplus funds in the amount of $2,389,515.19 available for distribution on a pro rata basis to the affected taxing districts. Upon approval of the Ordinance, these funds will be remitted to the Lake County Collector for distribution to the affected taxing districts on a pro rata basis determined by the most recent distribution of property taxes from real property in the TIF district. Property tax receipts in the TIF Fund exceeded Fiscal Year 2013 budget estimates. In order to close out the TIF Fund and make the required payment to the Lake County Collector of the surplus funds, a supplemental appropriation is required in the amount of $10,000. RECOMMENDED ACTION: Grant final approval of the Ordinance (beginning on page 26 terminating the West Lake Forest TIF District, declaring surplus and authorizing payment of surplus to the affected taxing districts on a pro rata basis. Grant final approval of the Ordinance making a supplemental appropriation for the fiscal year beginning May 1, 2012 and ending April 30, 2013 (beginning on page 29. 3. Approval of a Contract with McGladrey LLP to Provide Audit Services for Fiscal Years 2013-2015, as Recommended by the Audit Committee STAFF CONTACT: ELIZABETH HOLLEB, DIRECTOR OF FINANCE PURPOSE AND ACTION REQUESTED: Staff is seeking City Council approval of an Audit Committee recommendation to contract with McGladrey LLP for financial audit services for the fiscal years ended April 30, 2013 through 2015. In accordance with the City’s Request for Proposals, the City will have the option at its sole discretion to renew the agreement for FY2016 and FY2017. BACKGROUND/DISCUSSION: The City’s agreement with McGladrey LLP for audit services expired with the FY 2012 financial audit. In furtherance of the City’s objective to work collaboratively with other governmental agencies to seek opportunities for economies of scale to benefit residents and taxpayers, the City elected to participate in a joint Request for Proposals (RFP) for Audit Services. With the Village of Glenview serving as the lead agency, the City participated along with the communities of Cary, Grayslake, Highland Park, and Skokie in issuing a joint RFP in September 2012. The RFP anticipated an audit engagement for the fiscal years ending April 30, 2013 through 2015, with a City option for 3 February 4, 2013 Agenda 2016 and 2017. A set of mandatory criteria was developed jointly by the six communities, and a unique scope of work was also set forth by each community. Each firm had the option to propose to one or all participating communities, and each community was allowed to follow its own process and timeline for selection, with no community’s selection of auditor impacting another. Ten firms responded to the RFP, with eight firms providing proposals to Lake Forest. Utilizing the evaluation criteria outlined in the RFP, Finance Department staff completed a review of all eight proposals and selected three finalist firms for interviews by the City’s Audit Committee. The Audit Committee was provided an evaluation matrix that demonstrated the scoring of all eight respondents, as well as two completed reference questionnaires for each finalist firm. At its January 17, 2013 meeting, the Audit Committee conducted interviews of each of the three finalist firms. At the request of the Committee, each finalist firm was asked to submit a last and best offer in regards to fees and two firms were asked to provide follow-up information based on questions that arose following the interviews. Based on all the information received, the Audit Committee approved a recommendation for City Council consideration to retain McGladrey LLP as the City’s audit firm. BUDGET/FISCAL IMPACT: Responding firms were asked to provide fee quotations for each of the potential five fiscal years of an agreement, and the three finalist firms were asked to submit final offers on fees with each offering a reduction from their original quote. Audit services costs are allocated to a number of funds and the costs associated with the FY2013 audit are incorporated into the FY2014 operating budget. The proposed fee submitted by McGladrey LLP, as amended, for the FY2013 audit is a $25,050 reduction compared to the fee paid for the FY2012 audit. Below is a summary of the FY2012 audit fees compared to the proposed FY13 audit fees and savings: Description FY2012 Audit Fee (FY2013 Budget) FY2013 Audit Fee (FY2014 Budget) Savings Financial Statements/CAFR $ 50,500 $ 50,000 $ 500 Single Audit (if required) $ 11,600 $ 4,500 $ 7,100 Recreation Fund Report $ 5,800 $ 1,500 $ 4,300 Component Unit Report $ 14,000 $ 2,400 $ 11,600 TIF Compliance Report (if required) $ 1,400 $ 800 $ 600 State Comptroller/AFR $ 1,400 $ 450 $ 950 TOTAL $ 84,700 $ 59,650 $ 25,050 RECOMMENDED ACTION: It is recommended that the City Council authorize staff to contract with McGladrey LLP for audit services for Fiscal Years 2013-2015. The City shall have the option to extend the agreement to FY2016 and FY2017 at its sole discretion. 4 February 4, 2013 Agenda 4. Consideration of an Ordinance Vacating the Right-of Way Located between the Properties Addressed as 1, 41, 15 Stonegate Road, and the Properties Addressed as 11 and 33 Stonegate Lane. (Final Approval) STAFF CONTACT: CARINA WALTERS, ASSISTANT CITY MANAGER PURPOSE AND ACTION REQUESTED: Staff is recommending that the City Council consider final approval of an ordinance vacating the right-of-way (ROW) located between the properties addresses as 1, 41, 15 Stonegate Road, and the properties addressed as 11 and 33 Stonegate Lane. The subject ROW is approximately 10’ wide, and 1,615’ long and extends from the east end of Illinois Road, to the beach. At the beach, there is a narrow pedestrian easement that extends 16' by 60’ to the south of the ROW. By vacating the ROW: 1. This will remove a non-strategic parcel from the City’s ledger, 2. Place restrictions on the parcels i.e. no bulk, no floor area calculations and retain a utility easement similar to the 2006 vacation ordinances, 3. Remove all liability from the City to fix the deteriorated bluff that is the City’s portion, and 4. Allow residents of the 1, 41, 15 Stonegate Road, and 11 and 33 Stonegate Lane to continue accessing the ROW. BACKGROUND/DISCUSSION: In 1906, the City Council vacated Illinois Avenue east of Stonegate Road and Stonegate Lane that was originally platted to extend to the easternmost part of Lake Forest to the Lake Michigan shore. This was to be a road that never came to fruition. The ordinance reserved the northerly ten feet of Illinois Avenue as a public pedestrian right-of-way. Although the 10' Strip provides legal access to the beach along Lake Michigan, the 10' Strip has not been maintained to permit convenient access along its length. The 1906 Vacation Ordinance was approved in conjunction with an agreement between the City and the then-owner of the James H. Douglas Subdivision. The agreement required the owner of the James H. Douglas Subdivision to maintain a five-foot walk along the 10'Strip and keep the 10' Strip free from overgrowth and debris. The 1906 Agreement also required the owner of the James H. Douglas Subdivision to hold the City harmless in the event of any liability arising from the use of the 10' Strip. It does not appear that the 1906 Agreement was ever recorded, and so the obligations imposed by the 1906 Agreement may be unenforceable against the current owners in the James H. Douglas Subdivision. As currently situated, any member of the public can access this ROW. The vacation of the ROW will eliminate the general public's right to use the ROW, but it will not extinguish rights of property owners within the subdivisions whose plats created the ROW, including specifically the parcels owned by the Stonegate Road and Stonegate Lane homeowners. The ordinance found on page 32 will place restrictions on the vacated parcels indicating that they must remain open space and may not be used to support subdivision of the parcels or support additional building square footage. In addition, the Ordinance 5 February 4, 2013 Agenda reserves a utility easement for the City in the vacated parcels, which will allow the City, and its assigns, to use the vacated parcels at the City's discretion for utility purposes. The 10 foot easement will be vacated to 11 Stonegate, 33 Stonegate, 15 Stonegate, and 41 Stonegate with the exception of parcel #3 identified in the plat of survey. Parcel #3 would be vacated to 1 Stonegate Road in consideration of the bluff stabilization and restoration work being completed. During the Council meeting the homeowner of 15 Stonegate Road indicated she would reach out to the 1, 41, Stonegate Road, and the properties addressed as 11 and 33 Stonegate Lane in order to identify if the homeowners wanted to collectively fix the original staircase leading to the beach. The language authorizing construction in the vacated ROW, has been added to the ordinance; however, will need Council approval to ensure appropriate compliance with all codes and applicable ordinances. RECOMMENDED ACTION: Approve final reading of an ordinance vacating the right-of- way (ROW) located between the properties addresses as 1, 41, 15 Stonegate Road, and the properties addressed as 11 and 33 Stonegate Lane. 5. Resolution Approving First Amendment to the North Shore Electricity Aggregation Consortium (NSEAC) Intergovernmental Agreement STAFF CONTACT: BOB KIELY, CITY MANAGER The Intergovernmental Agreement that established the North Shore Electric Aggregation Consortium (NSEAC) contemplated the first year of pooled electric supply purchases. The proposed amendment will extend the duration of the consortium, provide flexibility for future aggregation decisions, and allow the consortium to consider expanding to other activities, including those related to energy efficiency and pricing. The first year of Consortium experience is projected to save Deerfield electric customers over $2 million, and based on the advice of NSEAC professional advisers; future supply contracts may require duration flexibility (multiple years vs. 1 year). If approved, the Village retains the ability to withdraw from the consortium, customers retain the right to opt out of the Village supply contract and the consortium can focus on pricing optimization and other related concerns. Based on historic supply cost trends, February and March offer lower cost supply contracts than other times of the year. In order to take advantage of the historic market trends and provide for the added features noted above, staff recommends approval of the Resolution beginning on page 40. RECOMMENDED ACTION: Approve the resolution for the First Amendment to the North Shore Electricity Aggregation Consortium (NSEAC) Intergovernmental Agreement 6. Approval of the January 22, 2013 regular City Council minutes Copy of the minutes are attached beginning on page 56. RECOMMENDED ACTION: Approve The Omnibus items as presented. 6 February 4, 2013 Agenda ORDINANCES 8:30 p.m. NEW BUSINESS 8:35 p.m. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 8:40 p.m. Office of the City Manager February 1, 2013 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 7 8 21 Elected County Board Members 8 Elected Officials (Sheriff, State’s Attorney, Treasurer, County Clerk, Circuit Court Clerk, Coroner, Recorder of Deeds, Regional Superintendent of Schools) 19th Judicial Circuit Court Health Department 30+ departments/divisions 2,700 employees 2 The Lake County Board approves a $485 million budget that funds all of these agencies/departments. 9 3 Elections & Records Judicial & Public Safety Public Works & Transportation • County Clerk • Recorder of Deeds • Chief County Assessment Office • Treasurer • Public Works • Division of Transportation • 19th Judicial Circuit • Circuit Court Clerk • Coroner • Sheriff • State’s Attorney • Public Defender 10 4 Health & Community Services Planning, Building & Zoning Finance & Administration • Health Department • Workforce Development • Community Development • Regional Office of Education • Veterans Assistance Commission • Winchester House •Planning, Building and Development • Stormwater Management Commission • County Administration • Finance/Budget • Purchasing • Facilities • Human Resources • Communications • Emergency Management • Information Technology 11 Reduce Congestion and Improve Transportation Systems in Lake County Enhance Livability & Economic Opportunities Promote a Sustainable Environment Build Healthy & Resilient Communities Provide Public Safety 12 6 Purpose: • Explore what has changed and what residents are concerned about. • Identify how the plan should be updated to reflect the changed environment, and the public’s needs/concerns. • The County Board will consider the input when updating its strategic plan. 5 Community Forums Open House Refine the vision and identify priorities and values through focused questions/dialogue Rank priorities and values using pulse pad technology On-Line Input Submit comments Survey/ranking of priorities from forum 13 Date Location Address Wednesday February 27 Lake County Central Permit Facility 500 W Winchester Rd., Libertyville Tuesday March 5 Antioch Township Multi-Purpose Building 1625 Deep Lake Rd, Lake Villa Wednesday March 6 Trinity International University – Melton Hall (Waybright Center) 2065 Half Day Rd, Deerfield Tuesday March 12 Lake County Health Department 3010 Grand Ave., Waukegan Wednesday March, 13 Lakewood Forest Preserve 27277 N. Forest Preserve Rd., Wauconda (IL Route 176 & N. Fairfield Rd) 7 6 – 7 p.m. Open House - Visit informational displays, ask questions, and learn about County services and programs. 7 p.m. Community Forum - Share your input and participate in interactive exercises. 14 8 Please help us get the word out! Put information on your website, in your newsletters, social media, etc.  Attend the community forums.  Distribute fliers. Visit www.lakecountyil.gov/communityforums for more information. 15 9 16 Lake County Strategic Plan Community Outreach Communications Toolkit In this packet are some useful public relations tools and tactics for your use in promoting the Lake County Community Forums. Schedule The open house is from 6 to 7 and the meeting begins at 7 p.m. DATE LOCATION ADDRESS TARGET AREA Wednesday, Feb. 27 Lake County Central Permit Facility 500 W Winchester Rd., Libertyville Central Tuesday, March 5 Antioch Township Multi- Purpose Building 1625 Deep Lake Rd, Lake Villa Northwest Wednesday, March 6 Trinity International University – Melton Hall (Waybright Center) 2065 Half Day Rd, Deerfield Southeast Tuesday, March 12 Lake County Health Department 3010 Grand Ave., Waukegan Northeast Wednesday, March 13 Lakewood Forest Preserve 27277 N. Forest Preserve Rd Wauconda (IL Route 176 & N. Fairfield Rd) Southwest Attend February & March Village and Municipal meetings Personally invite municipal leaders to attend the forums by making an announcement at their meeting. If it’s televised, you’re also getting the message to residents. (See attached schedule). We also have a power point that you can use. 18 North County Street – 9th Floor Waukegan, Illinois 60085-4355 Phone 847 377-2550 Fax 847 360-6732 Communications 17 Solicit support from municipal leaders Ask municipal leaders if they will send an announcement in their e-newsletter, post info on their websites, place fliers at their customer service counters and spread the word through other means. Send announcement in YOUR E-newsletter to constituents, civic groups…everyone! Make announcement at civic meetings/engagements (ie: Kiwanis, Lions, church groups) and distribute fliers Please keep us posted on your efforts. We will be tracking our outreach efforts throughout this process. Please shoot us an email, or give us a call and let us know what groups you talk to and when. For more information, contact Communications at 847-377-2550 or communications@lakecountyil.gov. Lake County Strategic Plan Board Member Speaking Notes The Lake County Board has a strategic plan that guides the future of the county. The five strategic goals in the current plan are: • Promote a sustainable environment • Reduce congestion and improve transportation • Enhance livability and economic opportunities • Build healthy & resilient communities • Provide public safety This year, the Board will review its plan and we want your input! We need to hear what’s important to you so our plan represents the community’s priorities. We are planning five community forums across the county to engage in meaningful dialogue with residents and stakeholders (municipal, civic leaders and others). You can help shape important policy and budget decisions, and influence where the County will focus its resources. Attendees can share their input through group discussion, participate in interactive exercises, and rank priorities (using pulse pad technology). We also are planning an open house before each forum to demonstrate what Lake County government does through informational and interactive displays. For those that can’t attend a forum, there will also be an opportunity to provide input on through our on-line portal. Please attend the forum in your community and help spread the word. 18 Content for E-newsletters, etc. Provide Input at Community Forums and Help Shape Lake County's Future Share your thoughts on …TRANSPORTATION…ECONOMIC DEVELOPMENT… SUSTAINABILITY…PUBLIC SAFETY. The Lake County Board wants to know what’s important to you so our strategic plan represents the community’s priorities. Lake County is holding five community forums to engage in meaningful dialogue with residents and stakeholders. You can help shape important policy and budget decisions, and influence where the County will focus its resources. The Lake County Board will thoughtfully consider this input as it devlops its long-term strategic plan. You have a voice in this process! 6 – 7 p.m. Open House Visit informational displays, ask questions, and learn about County services and programs. 7 p.m. Community Forum Share your input and participate in interactive exercises. DATE LOCATION ADDRESS Wednesday, Feb. 27 Lake County Central Permit Facility 500 W Winchester Rd., Libertyville Tuesday, March 5 Antioch Township Multi-Purpose Building 1625 Deep Lake Rd, Lake Villa Wednesday, March 6 Trinity International University – Melton Hall (Waybright Center) 2065 Half Day Rd, Deerfield Tuesday, March 12 Lake County Health Department 3010 Grand Ave., Waukegan Wednesday, March 13 Lakewood Forest Preserve 27277 N. Forest Preserve Rd Wauconda (IL Route 176 & N. Fairfield Rd) Visit www.lakecountyil.gov/communityforums for more information. 19 Board Member District Municipality Linda Pedersen 1 Antioch-1st and 3rd Monday @ 7:30 Lake Villa- 2nd Monday @ 7PM Old Mill Creek- 2nd Monday @7:30 Fox Lake- 2nd and 4th Tuesday Diane Hewitt 2 Waukegan- 1st and 3rd Monday @ 7 PM Gurnee- First and Last Monday @ 7:30 PM Beach Park- 1st and 5th Thursday @ 7 PM Zion- 3rd Tuesday @ 6:30 Tom Weber 3 Lindenhurst- 2nd and 4th Monday @ 7 PM Round Lake Heights- 2nd Tuesday @ 7 PM Round Lake Beach- 2nd and 4th Tuesday @ 7 PM Lake Villa- 2nd Monday @ 7PM Brent Paxton 4 Winthrop Harbor- 1st and 3rd Tuesday @ 7 PM Wadsworth- 1st and 3rd Tuesday @ 7:30 PM Zion- 3rd Tuesday @ 6:30 Beach Park- 1st and 5th Thursday @ 7 PM Bonnie Thomson Carter 5 Lakemoor- 2nd and 4th Thursday @ 7 PM Volo- 2nd and 4th Tuesday @ 7:30 PM Fox Lake-2nd and 4th Tuesday Round Lake- 1st and 3rd Monday @ 7 PM Pat Carey 6 Hainesville- 2nd and 4th Tuesday @ 7 PM Grayslake-1st and 3rd Tuesday @ 7 PM Round Lake Park- 1st and 3rd Monday @ 6 PM Round Lake Beach- 2nd and 4th Tuesday @ 7 PM Steve Carlson 7 Gurnee- First and Last Monday @ 7:30 PM Third Lake- 3rd Monday @ 7 PM Bill Durkin 8 Waukegan- 1st and 3rd Monday @ 7 PM Mary Ross Cunningham 9 Waukegan- 1st and 3rd Monday @ 7 PM North Chicago- 1st and 3rd Monday @ 7 PM Diana O'Kelly 10 Round Lake Park- 1st and 3rd Monday @ 6 PM Mundelein- 2nd and 4th Wednesday @ 7 PM Wauconda- 1st and 3rd Tuesday @ 7 PM 20 Steven W. Mandel 11 Highwood- 1st and 3 Tuesday @ 7:30 PM Highland Park- 2nd and 4th Monday @ 7:30 PM Deerfield- 1st and 3rd Monday @ 7:30 PM S. Michael Rummel 12 Highland Park- 2nd and 4th Monday @ 7:30 PM Deerfield- 1st and 3rd Monday @ 7:30 PM Lake Forest- 1st and 3rd Monday @ 7:30 PM Sandra Hart 13 Lake Bluff- 2nd and 4th Monday @ 7 PM Deerfield- 1st and 3rd Monday @ 7:30 PM Lake Forest- 1st and 3rd Monday @ 7:30 PM Audrey Nixon 14 Park City- 1st and 3rd Thursday @ 8 PM North Chicago- 1st and 3rd Monday @ 7 PM Waukegan- 1st and 3rd Monday @ 7 PM Carol Calabresa 15 Libertyville- 2nd and 4th Tuesday @ 8 PM Mundelein- 2nd and 4th Wednesday @ 7 PM Terry Wilke 16 Round Lake- 1st and 3rd Monday @ 7 PM Round Lake Beach- 2nd and 4th Tuesday @ 7 PM Nick Sauer 17 Island Lake- 2nd Thursday @ 7:30 PM Lake Barrington- 1st Tuesday @ 7 PM Port Barrington- 3rd Wednesday @ 7 PM North Barrington- 4th Wednesday @ 7:30 PM Aaron Lawlor 18 Vernon Hills- 1st and 3rd Tuesday @ 7 PM Indian Creek- Second Tuesday of every month at 7 P.M. Jan 8, Feb 12, March 12, April 22 Long Grove- 2nd and 4th Tuesday @ 7 PM Hawthorn Woods- 3rd Monday @ 7 PM Craig Taylor 19 Lake Zurich- 1st and 3rd Monday @ 7 PM Barrington- 2nd and 4th Monday @ 8 PM Deer Park- 3rd Monday @ 7 PM Kildeer- 3rd Tuesday @ 7:30 PM 21 David Stolman 20 Buffalo Grove - First and third Monday of each month at 7:30 PM Long Grove- 2nd and 4th Tuesday @ 7 PM Ann B. Maine 21 Lincolnshire - Second and Fourth Monday of each month at 7 PM 22 23 Barrington Hills- Mondays at 6:30 P.M. Jan 28, Feb 25, March 25, April 22. Tower Lakes- 3rd Monday @ 7:30 PM Fox River Grove- 3rd Thursday @ 7 PM Waucond a- 1st and 3rd Tuesday @ 7 PM Hawthorn Woods- 3rd Monday @ 7 PM Mundelein- 2nd and 4th Wednesday @ 7 PM Long Grove- 2nd and 4th Tuesday @ 7 PM 24 2013 STRATEGIC PLANCOMMUNITY FORUMS SHAPE LAKE COUNTY’S FUTURE Share your thoughts on… TRANSPORTATION… ECONOMIC DEVELOPMENT… SUSTAINABILITY… PUBLIC SAFETY Lake County is holding five community forums to engage in meaningful dialogue with residents and stakeholders. You can help influence important policy and budget decisions. The Lake County Board will consider this input as it develops its long-term strategic plan. 6 - 7 p.m Open House Visit informational displays, ask questions, and learn about County services and programs. 7 p.m. Community Forum Share your input and participate in interactive excercises. Lake County Communications | 847.377.2550 | www.lakecountyil.gov COMMUNITY FORUM DATES CENTRAL WEDNESDAY, FEBRUARY 27 Lake County Central Permit Facility | 500 W. Winchester Road | Libertyville NORTHWEST TUESDAY, MARCH 5 Antioch Township | 1625 Deep Lake Road | Lake Villa SOUTHEAST WEDNESDAY, MARCH 6 Trinity International University - Melton Hall | 2065 Half Day Road | Deerfield NORTHEAST TUESDAY, MARCH 12 Lake County Health Department | 3010 Grand Avenue | Waukegan SOUTHWEST WEDNESDAY, MARCH 13 Lakewood Forest Preserve | 27277 N. Forest Preserve Road | Wauconda L A K E ISTEN TO CITIZENS SSESS AND IDENTIFY PRIOITIES EEP IMPROVING SERVICES VALUATE RESULTS You can also submit your input at www.lakecountyil.gov/communityforums 25 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-01 AN ORDINANCE TERMINATING THE WEST LAKE FOREST TIF DISTRICT, DECLARING SURPLUS REVENUE IN THE WEST LAKE FOREST TIF DISTRICT, AND AUTHORIZING PAYMENT THEREOF TO THE AFFECTED TAXING DISTRICTS ON A PRO RATA BASIS Adopted by the Mayor and City Council of The City of Lake Forest this ____ day of February, 2013 Published in pamphlet form by direction and authority of The City of Lake Forest, Lake County, Illinois this _____ day of ______, 2013 26 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-01 AN ORDINANCE TERMINATING THE WEST LAKE FOREST TIF DISTRICT, DECLARING SURPLUS REVENUE IN THE WEST LAKE FOREST TIF DISTRICT, AND AUTHORIZING PAYMENT THEREOF TO THE AFFECTED TAXING DISTRICTS ON A PRO RATA BASIS WHEREAS, on May 14, 1988, the Mayor and City Council of the City of Lake Forest (the “Corporate Authorities”), in accordance with the provision of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq (the “Act”), established the so-called "West Lake Forest TIF District" by adopting: (i) Ordinance Number 1767 (the “Redevelopment Plan Ordinance”) approving the West Lake Forest TIF District Redevelopment Plan (the “Redevelopment Plan”) for the City of Lake Forest Redevelopment Project Area as legally described in the Redevelopment Plan and commonly known as the West Lake Forest TIF Area (the "TIF Area"); and (ii) Ordinance Number 1766 (the “TIF Adoption/Redevelopment Area Designation Ordinance”) designating the TIF Area as a redevelopment project area pursuant to the Act and adopting tax increment allocation financing for the TIF Area (the Redevelopment Plan Ordinance and the TIF Adoption/Redevelopment Area Designation Ordinance are hereinafter collectively referred to in this ordinance as the “TIF Ordinances"); and WHEREAS, the Corporate Authorities have acted in accordance with the Act to terminate the West Lake Forest TIF District on December 31, 2012, which date is no later than December 31 of the year in which the payment to the municipal treasurer as provided in Section 11- 74.4-8(b) of the Act is to be made with respect to ad valorem taxes levied in the twenty-third calendar year after the year in which the TIF Ordinances were adopted, to conform to Section 11-74.4-3(n)(3) of the Act; and WHEREAS, the City Treasurer has notified all affected taxing districts that the West Lake Forest TIF District will terminate on December 31, 2012, in accordance with the provisions of the Act; and WHEREAS, with respect to the West Lake Forest TIF, the City has made all payments for redevelopment project costs serving the TIF Area, obligations issued in support of the West Lake Forest TIF District have been fully paid and retired, and the City Treasurer has performed the final closing of the books and records for the West Lake Forest TIF District; and WHEREAS, the Corporate Authorities have determined upon the termination of the West Lake Forest TIF District pursuant to Section 11-74.4-8 of the Act that there is an excess of monies to be declared as surplus in the special tax allocation fund held for the West Lake Forest TIF District in the sum of $2,389,515.19, and that said amount shall be paid from said fund to Lake County for distribution to the affected taxing districts in proportion to the most recent distribution of real project taxes from property in the TIF Area; 27 NOW, THEREFORE, BE IT ORDAINED by the Mayor and the City Council of the City of Lake Forest, Lake County, and State of Illinois, as follows: Section 1. The foregoing recitals are incorporated into this Ordinance as the findings of the Mayor and the City Council. Section 2. The Corporate Authorities hereby (i) declare the amount of $2,389,515.19 held in the special tax allocation fund for the West Lake Forest TIF District (the “Tax Allocation Fund”) as surplus (the “Final Surplus Funds”), and (ii) direct the City Treasurer to pay the Final Surplus Funds to the Lake County Collector for immediate payment to all of the taxing districts with taxable property located in the TIF Area in the same manner and proportion as the most recent distribution by the said Lake County Collector to the affected districts of real property taxes from real property in the TIF Area. Section 3. The Corporate Authorities hereby authorize and direct the City Treasurer to send a copy of this Ordinance certified by the City Clerk to be a true and exact copy, together with the sum of $2,389,515.19, being the Final Surplus Funds, to the County Collector of Lake County in order to inform and direct the County Collector to disburse the Final Surplus Funds to the taxing districts as required by this Ordinance and the Act. Section 4. The various provisions of this Ordinance are to be considered as severable, and if any part of portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. Section 5. All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. Section 6. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. AYES: __________________________________________________________________ NAYS: __________________________________________________________________ ABSENT: ________________________________________________________________ APPROVED this _____ day of February, 2013 ________________________________________ Mayor ATTEST: ________________________________________ City Clerk (Deputy) 28 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-02 AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR BEGINNING MAY 1, 2012 AND ENDING APRIL 30, 2013 WHEREAS, on July 16, 2012, The City of Lake Forest adopted Ordinance No. 2012-18 entitled “An Ordinance making Appropriation for Corporate Purposes and for the Public Schools of the City of Lake Forest, County of Lake and State of Illinois, for the Fiscal Year Commencing May 1, 2012 and ending April 30, 2013,” appropriating funds for the 2013 fiscal year (“FY13 Appropriation Ordinance”); and WHEREAS, there is either additional revenue available to the City or estimated to be received by the City, which additional revenue became available or was estimated to be received subsequent to the adoption of the FY13 Appropriation Ordinance, or there is revenue available to the City from fund balances available when the FY13 Appropriation Ordinance was adopted but that were not appropriated at that time; and WHEREAS, pursuant to 65 ILCS 5/8-2-9, the Mayor and City Council have determined that it is proper and necessary to appropriate such revenue through the adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: 29 2 SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Supplemental Appropriation. The City Council hereby approves a supplemental appropriation for the objects and purposes as set forth in the schedule attached hereto as Exhibit A. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2013 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2013 _____________________________ Mayor ATTEST: _______________________________ City Clerk 30 3 EXHIBIT A: Supplemental Appropriation Schedule West Lake Forest TIF Fund $10,000 # 1821345_v1 31 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-______ AN ORDINANCE VACATING AND RELEASING EASEMENT RIGHTS (STONEGATE LANE/ILLINOIS ROAD) Adopted by the Mayor and City Council of The City of Lake Forest this ____ day of __________, 2013 Published in pamphlet form by direction and authority of the City Council of The City of Lake Forest, Lake County, Illinois this ____ day of __________, 2013 32 2 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-______ AN ORDINANCE VACATING ND RELEASING EASEMENT RIGHTS (STONEGATE LANE/ILLINOIS ROAD) BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: Section 1: Recitals. A. The City of Lake Forest (the "City") is an Illinois special charter, home rule municipal corporation located in Lake County, Illinois. B. There exists entirely within the corporate limits of the City a certain public right- of-way being the remainder of the Illinois Road right-of-way lying easterly of Stonegate Lane (the "Right-of-Way"). C. There also exists entirely within the corporate limits of the City a certain 16-foot pedestrian easement at the end of the vacated Illinois Road that was granted to the City pursuant to the James H. Douglas Subdivision, having been recorded as document 1672026 on July 15, 1974 (the "Pedestrian Easement"). D. Pursuant to its home rule powers and Section 11-91-1 of the Illinois Municipal Code, 65 ILCS 5/11-91-1, the City Council of the City is authorized to vacate any public street, alley, easement, or right-of-way, or part thereof, in order to serve the public interest; and E. The City Council of the City has determined that, subject to the terms and conditions hereinafter set forth, the public interest will be served by (i) vacating the Right-of- Way and (ii) vacating and releasing all rights in the Pedestrian Easement. The Right-of-Way and Pedestrian Easement (collectively, the "Vacated Lands") are legally described and depicted on Exhibit A to this Ordinance (the "Plat of Vacation"). 33 3 F. The City Council of the City has further determined that, upon the effective date of such vacation, the Vacated Lands shall be incorporated into and made a part of the properties lying adjacent to the Vacated Lands as follows: (i) The portion of the Vacated Lands identified on the Plat of Vacation as "Parcel 1" shall be incorporated into and made a part of 15 Stonegate Road (P.I.N.s 12-34- 402-004 and 16-03-201-001) (the "15 Stonegate Property"); (ii) The portion of the Vacated Lands identified on the Plat of Vacation as "Parcel 2" shall be incorporated into and made a part of 41 Stonegate Lane (P.I.N.s 12-34- 402-005 and 16-03-201-002) (the "41 Stonegate Property"); and (iii) The portion of the Vacated Lands identified on the Plat of Vacation as "Parcel 3" shall be incorporated into and made a part of 1 Stonegate Lane (P.I.N.s 12-34- 402-006 and 16-03-201-003) (the "1 Stonegate Property"). (iv) The portion of the Vacated Lands identified on the Plat of Vacation as "Parcel 4" shall be incorporated into and made a part of 11 Stonegate Lane (P.I.N. 12-34- 402-018 (the "11 Stonegate Property"). (v) The portion of the Vacated Lands identified on the Plat of Vacation as "Parcel 5" shall be incorporated into and made a part of 33 Stonegate Lane (P.I.N. 12-34- 402-017) (the "33 Stonegate Property"). G. Upon the effective date of the vacation of the Vacated Lands pursuant to this Ordinance, title to Parcel 1 of the Vacated Lands as depicted on the Plat of Vacation shall vest in the owner of the 15 Stonegate Property (the "15 Stonegate Owner"). 34 4 H. Upon the effective date of the vacation of the Vacated Lands pursuant to this Ordinance, title to Parcel 2 of the Vacated Lands as depicted on the Plat of Vacation shall vest in the owner of the 41 Stonegate Property (the "41 Stonegate Owner"). I. Upon the effective date of the vacation of the Vacated Lands pursuant to this Ordinance, title to Parcel 3 of the Vacated Lands as depicted on the Plat of Vacation shall vest in the owner of the 1 Stonegate Property (the "1 Stonegate Owner"). J. Upon the effective date of the vacation of the Vacated Lands pursuant to this Ordinance, title to Parcel 4 of the Vacated Lands as depicted on the Plat of Vacation shall vest in the owner of the 1 Stonegate Property (the "11 Stonegate Owner"). K. Upon the effective date of the vacation of the Vacated Lands pursuant to this Ordinance, title to Parcel 5 of the Vacated Lands as depicted on the Plat of Vacation shall vest in the owner of the 1 Stonegate Property (the "33 Stonegate Owner"). L. The City Council finds that such vacation of the Vacated Lands will not inhibit any currently existing street access for any parcel or tract dependent on the Vacated Lands as its sole means of access. Section 2: Vacation of Vacated Lands; Conditions of Vacation. (a) The City Council hereby (i) vacates the Right-of-Way and (ii) vacates and releases all rights and interests in the Pedestrian Easement, subject to the terms and conditions in Section 2(b) of this Ordinance. (b) The vacation of the Vacated Lands pursuant to Section 2(a) of this Ordinance shall be subject to and conditioned upon the following terms and requirements, which terms and requirements shall be a covenant on the Vacated Lands: 35 5 1. Title to the Vacated Roadway. Upon the recording of this Ordinance and the Plat of Vacation pursuant to Section 3 of this Ordinance, the Vacated Lands shall become parts of the following abutting properties: A. Parcel 1 of the Vacated Lands shall be incorporated into and made a part of the 15 Stonegate Property, and title shall vest in the 15 Stonegate Owner; B. Parcel 2 of the Vacated Lands shall be incorporated into and made a part of the 41 Stonegate Property, and title shall vest in the 41 Stonegate Owner; C. Parcel 3 of the Vacated Lands shall be incorporated into and made a part of the 1 Stonegate Property, and title shall vest in the 1 Stonegate Owner; D. Parcel 4 of the Vacated Lands shall be incorporated into and made a part of the 11 Stonegate Property, and title shall vest in the 11 Stonegate Owner; and E. Parcel 5 of the Vacated Lands shall be incorporated into and made a part of the 33 Stonegate Property, and title shall vest in the 33 Stonegate Owner; Following such recording, Parcels 1, 2, 3, 4 and 5 of the Vacated Lands shall be and remain a part of the 15 Stonegate Property, the 41 Stonegate Property, the 1 Stonegate Property, the 11 Stonegate Property, and the 33 Stonegage Property (collectively, the "Abutting Properties"), respectively, unless and until a plat of subdivision is approved by the City Council of the City in accordance with all applicable state and local statutes, ordinances, and regulations. 2. Floor Area Calculations. No portion of the Vacated Lands shall be included in the lot area of any of the Abutting Properties for purposes of calculating the maximum permitted floor area for any such Abutting Property. 3. No Building, Structures, or Fences on Vacated Roadway. No fence, building, or structure of any kind shall be constructed on any portion of the Vacated Lands, unless otherwise approved by the City Council and unless such construction complies with all City Codes and Ordinances. 4. Reservation of Easement Rights. An easement shall be reserved over the whole of the Right-of-Way for public utility purposes. No rights to this easement shall be exercised by any party other than the City unless first approved by resolution of the City Council. 5. Original Beneficiaries. Nothing in this Ordinance shall affect the access or other rights of the original beneficiaries of the Right-of-Way and Pedestrian Easement under the plat establishing such Right-of-Way and Pedestrian Easement. 36 6 Section 3: Recordation. The City Clerk shall be and is hereby directed to record this Ordinance and the Plat of Vacation in the Office of the Lake County Recorder. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage by three-fourths of the aldermen of the City Council, and its approval, posting, and publication in pamphlet form in the manner provided by law. PASSED THIS _____ DAY OF ____________________, 2013. AYES: NAYS: ABSENT: APPROVED THIS _____ DAY OF ___________________, 2013. _____________________________ Mayor ATTEST: ____________________________ City Clerk #10842150_v2 37 EXHIBIT A Plat of Vacation 38 LOT 4 LOT 3 LOT 1 LOT 2 Illinois Road 10' public right of way hereby vacated 182.05 220.00 203.40 200.00 20.00 LOT 1 LOT 2Suzanne Clarke Falk Subdivision Doc. 2345172 approximate top of bluff Parcel 1 hereby vacated Parcel 2 hereby vacated Parcel 3 hereby vacated # 15 Stone Gate Road # 41 Stone Gate Lane James H. Douglas Subdivision Doc. 1672026 # 1 Stone Gate Lane PLAT OF VACATION OF A PUBLIC RIGHT OF WAY PARCEL 1: A 5 FOOT STRIP OF LAND BEING A PUBLIC RIGHT OF WAY LYING NORTH OF AND ADJOINING LOT 4 IN JAMES H. DOUGLAS SUBDIVISION BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN AND ALSO IN THE NORTH HALF OF THE NORTH HALF OF SECTION 3, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 15, 1974 AS DOCUMENT 1672026 AND CORRECTED BY CERTIFICATE RECORDED OCTOBER 1, 1974 AS DOCUMENT 1682180, IN LAKE COUNTY, ILLINOIS PARCEL 2: A 5 FOOT STRIP OF LAND BEING A PUBLIC RIGHT OF WAY LYING NORTH OF AND ADJOINING LOT 3 IN JAMES H. DOUGLAS SUBDIVISION BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN AND ALSO IN THE NORTH HALF OF THE NORTH HALF OF SECTION 3, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 15, 1974 AS DOCUMENT 1672026 AND CORRECTED BY CERTIFICATE RECORDED OCTOBER 1, 1974 AS DOCUMENT 1682180, IN LAKE COUNTY, ILLINOIS PARCEL 3: A 10 FOOT STRIP OF LAND BEING A PUBLIC RIGHT OF WAY LYING NORTH OF AND ADJOINING LOT 1 IN JAMES H. DOUGLAS SUBDIVISION BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN AND ALSO IN THE NORTH HALF OF THE NORTH HALF OF SECTION 3, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 15, 1974 AS DOCUMENT 1672026 AND CORRECTED BY CERTIFICATE RECORDED OCTOBER 1, 1974 AS DOCUMENT 1682180, ALSO TO INCLUDE A RECTANGULAR PIECE OF LAND 10 FEET WIDE AND 20 FEET LONG LOCATED AT THE TOP OF BLUFF AS SHOWN ON SAID PLAT OF SUBDIVISION, AND ALSO TO INCLUDE A PEDESTRIAN EASEMENT 16' WIDE AND 60' LONG LOCATED AT THE NORTHEAST CORNER OF SAID LOT 1, AS SHOWN ON SAID PLAT OF SUBDIVISION, IN LAKE COUNTY, ILLINOIS. PARCEL 4: A 5 FOOT STRIP OF LAND BEING A PUBLIC RIGHT OF WAY LYING SOUTH OF AND ADJOINING LOT 1 IN SUSAN CLARKE FALK SUBDIVISION BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 1985 AS DOCUMENT 2345172, IN LAKE COUNTY, ILLINOIS. PARCEL 5: A 5 FOOT STRIP OF LAND BEING A PUBLIC RIGHT OF WAY LYING SOUTH OF AND ADJOINING LOT 2 IN SUSAN CLARKE FALK SUBDIVISION BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 1985 AS DOCUMENT 2345172, AND LYING WEST OF THE NORTH EXTENSION OF THE WEST LINE OF LOT 1 IN JAMES H. DOUGLAS SUBDIVISION BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 34, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN AND ALSO IN THE NORTH HALF OF THE NORTH HALF OF SECTION 3, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 15, 1974 AS DOCUMENT 1672026 AND CORRECTED BY CERTIFICATE RECORDED OCTOBER 1, 1974 AS DOCUMENT 1682180, IN LAKE COUNTY, ILLINOIS. ON BEHALF OF BLECK ENGINEERING CO., INC., I, JACK R. BLECK, DO HEREBY CERTIFY THAT I, HAVE PREPARED THE ABOVE DESCRIBED PLAT FROM EXISTING SURVEYS AND PLATS OF RECORD FOR THE PURPOSE OF VACATING THE SAME AS SHOWN HEREON. MEASUREMENTS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF. REGISTERED ILLINOIS LAND SURVEYOR NO. 3591 DATED AT LAKE FOREST, ILLINOIS, THIS 3RD DAY OF JANUARY, 2013. COUNTY OF LAKE STATE OF ILLINOIS SEAL DOES NOT APPEAR PLAT IS VOID IF IMPRESSED S.S. BY LEGEND KEY SOUTH LINE SUZANNE CLARKE FALK SUBDIVISION NORTH LINE JAMES H. DOUGLAS SUBDIVISION waters edge as located by Loomis Land Surveyors August 1, 1973 and shown on subdivision plat, document 1672026 3 0 ' 4 4 ' 386.00 1 6 '16' pedestrian easement per subdivision plat, document 1672026 is hereby vacated by this document AND A 16' PEDESTRIAN EASEMENT Northeast corner of Lot 1, James H. Douglas Subdivision document 1672026250.00 151.83 ± Parcel 5 hereby vacated Scale: 1" = 50' 50 0 50 100 # 11 Stone Gate Lane # 33 Stone Gate Lane WEST LINE LOT 1 JAMES H. DOUGLAS SUBDIVISION Parcel 4 hereby vacated T 847.295.5200 F 847.295.7081 www.bleckeng.com Bleck Engineering Company, Inc. 1375 North Western Avenue Lake Forest, Illinois 60045 F:\user\drawings\070\794\70-794 SPLIT 50-50.DWG, 1/4/2013 7:18:59 AM, JRB 39 THE CITY OF LAKE FOREST RESOLUTION NO. 2013-____ A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE NORTH SHORE ELECTRICITY AGGREGATION CONSORTIUM INTERGOVERNMENTAL AGREEMENT WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 (“Act”), permits the corporate authorities of the City, if authorized by referendum, to adopt an ordinance creating a program to allow the City to solicit bids and enter into service agreements for the sale and purchase of electricity and related services and equipment to residential and small commercial customers in the City who do not chose to opt-out (“Electricity Aggregation Program”); and WHEREAS, the Act authorizes municipalities to jointly operate an Electric Aggregation Program and does not prohibit municipalities from entering into an intergovernmental agreement to aggregate electric loads for those programs; and WHEREAS, in December 2011, the Cities of Highland Park, Lake Forest, and Park Ridge, and the Villages of Deerfield, Glencoe, Lake Bluff, Northbrook, and Skokie formed the North Shore Electricity Aggregation Consortium ("Consortium") pursuant to that certain Intergovernmental Agreement Establishing the North Shore Electricity Aggregation Consortium Between and Among the Cities of Highland Park, Lake Forest, and Park Ridge, and the Villages of Deerfield, Glencoe, Lake Bluff, Northbrook, and Skokie ("Agreement"); and WHEREAS, the Agreement provides for a comprehensive and unified effort to facilitate joint action and intergovernmental cooperation for a joint project bid for each municipality’s Electricity Aggregation Program (“Joint Power Supply Bid”); and WHEREAS, as a result of the Joint Power Supply Bid process, each member of the Consortium entered into a power supply agreement with MC Squared Energy Services, LLC, for the provision of electricity as part of its respective Electricity Aggregation Programs; and WHEREAS, the members of the Consortium now desire to amend the Agreement, in accordance with Section 11.E of the Agreement, to: (i) extend the term of the Agreement and the Consortium in perpetuity; (ii) allow the Consortium to continue to address and administer the Consortium members' Electricity Aggregation Programs; and (iii) allow the Consortium to address additional issues of mutual interest related to utility and energy efficiency and pricing that may be identified by the members of the Consortium from time to time ("First Amendment to the Agreement"); and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to maintain the City's membership in the Consortium and enter into the First Amendment to the Agreement and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. 40 SECTION TWO: APPROVAL OF AGREEMENT. The First Amendment to the Agreement shall be, and is hereby, approved in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the City Manager and the City Attorney. SECTION THREE: EXECUTION OF AGREEMENT. The City Manager and the City Clerk shall be, and they are hereby, authorized and directed to execute and attest, on behalf of the City, the First Amendment to the Agreement and all necessary documentation related thereto. SECTION FOUR: EFFECTIVE DATE. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the City Council. PASSED this _____ day of ____________________, 2013. AYES: NAYS: ABSENT: APPROVED this _____ day of ____________________, 2013. ______________________ Mayor ATTEST: _____________________________ City Clerk #12110164_v1 41 EXHIBIT A FIRST AMENDMENT TO THE AGREEMENT 42 131 South Dearborn Street, 30th Floor | Chicago, Illinois | T 312 Holland & Knight LLP | www.hklaw.com Memorandum Date:January 17, 2013 To:Members of the North Shore Electricity Aggregation Consortium From:Hart M. Passman, Holland & Knight LLP Re:First Amendment to the Consortium Intergovernmental Agreement Enclosed please find the proposed First Amendment to the Intergovernmental Agreement Establishing the North Shore Electricity Aggregation Consortium ( with a template resolution (prepared for The City of Lake Forest but adaptable for each of your City Councils and Village Boards) approving the First Amendment. The purpose of the First Amendment is threefold: 1.Extension of Duration negotiated and approved in December 2011, the one-time joint process toward establishment time, was expected to be completed by the end of 2012. Accordingly, the Intergovernmental Agreement expired as of December 31, 2012. In the months that followed, the Consortium approved a modified proce annual collaboration on electricity rates, pursuant to each Consortium member's agreement with the Consortium's selected electricity provider, MC Squared. The Power Supply Agreements with MC Squared reflect a three afterward). In order to formally maintain the Consortium through the end of the current term of the Power Supply Agreements, the First Amendment would extend the term of the Consortium in perpetuity. Each member would retai 2.Modification of Electricity Aggregation Provisions processes and agreements approved by the members of the Consortium differed from the process initially contemplated by the Intergovernmental Agreement. The First Amendment sets forth appropriate modified terms intended to provide flexibility to the Consortium to pursue different methods of electricity aggregation (including the process approved in 2012). 3.Expansion of Scope members' cooperation to other issues of mutual concern related to utility and energy efficiency and pricing. The First Amendment would allow the Consortium to mutually address those topics, either as part of, or in addition to, the Consortium's electricity aggregation efforts. Floor | Chicago, Illinois | T 312 -263-3600 | F 312 Holland & Knight LLP | www.hklaw.com the North Shore Electricity Aggregation Consortium , Holland & Knight LLP First Amendment to the Consortium Intergovernmental Agreement Enclosed please find the proposed First Amendment to the Intergovernmental Agreement Establishing the North Shore Electricity Aggregation Consortium ("First Amendment" with a template resolution (prepared for The City of Lake Forest but adaptable for each of your City Councils and Village Boards) approving the First Amendment. purpose of the First Amendment is threefold: Extension of Duration. When the original Intergovernmental Agreement was negotiated and approved in December 2011, the eight member municipalities contemplated a time joint process toward establishment of electricity aggregation programs, which, at the time, was expected to be completed by the end of 2012. Accordingly, the Intergovernmental Agreement expired as of December 31, 2012. In the months that followed, the Consortium approved a modified proce annual collaboration on electricity rates, pursuant to each Consortium member's agreement with the Consortium's selected electricity provider, MC Squared. The Power Supply Agreements with MC Squared reflect a three -yearn term through May 2015 (with possible extensions afterward). In order to formally maintain the Consortium through the end of the current term of the Power Supply Agreements, the First Amendment would extend the term of the Consortium in perpetuity. Each member would retai n the ability to withdraw from the Consortium at any time. Modification of Electricity Aggregation Provisions . As noted above, the processes and agreements approved by the members of the Consortium differed from the process he Intergovernmental Agreement. The First Amendment sets forth appropriate modified terms intended to provide flexibility to the Consortium to pursue different methods of electricity aggregation (including the process approved in 2012). Scope. The Consortium expressed an interest in expanding the members' cooperation to other issues of mutual concern related to utility and energy efficiency and pricing. The First Amendment would allow the Consortium to mutually address those her as part of, or in addition to, the Consortium's electricity aggregation efforts. 3600 | F 312-578-6666 Enclosed please find the proposed First Amendment to the Intergovernmental Agreement "First Amendment"), along with a template resolution (prepared for The City of Lake Forest but adaptable for each of your . When the original Intergovernmental Agreement was member municipalities contemplated a of electricity aggregation programs, which, at the time, was expected to be completed by the end of 2012. Accordingly, the Intergovernmental In the months that followed, the Consortium approved a modified proce ss that requires annual collaboration on electricity rates, pursuant to each Consortium member's agreement with the Consortium's selected electricity provider, MC Squared. The Power Supply Agreements 2015 (with possible extensions afterward). In order to formally maintain the Consortium through the end of the current term of the Power Supply Agreements, the First Amendment would extend the term of the Consortium in n the ability to withdraw from the Consortium at any time. . As noted above, the processes and agreements approved by the members of the Consortium differed from the process he Intergovernmental Agreement. The First Amendment sets forth appropriate modified terms intended to provide flexibility to the Consortium to pursue different . The Consortium expressed an interest in expanding the members' cooperation to other issues of mutual concern related to utility and energy efficiency and pricing. The First Amendment would allow the Consortium to mutually address those her as part of, or in addition to, the Consortium's electricity aggregation efforts. 43 North Shore Electricity Aggregation Consortium January 17, 2013 2 If approved by at least two members of the Consortium, the First Amendment would take retroactive effect as of January 1, 2013. Any member of the original Consortium that does not approve the First Amendment may be deemed to have withdrawn from the Consortium, as the original Intergovernmental Agreement has expired. Please contact our office if you have any questions or if we may be of further assistance. #12129186_v1 44 City of Lake Forest Electricity Aggregation 1 Estimated Total Savings: $ 3.5 Million savings For Period: Jun/Jul 2012 – May 2013 $0 $20 $40 $60 $80 $100 $120 Lake Forest Residents Average Monthly Savings 45 City of Lake Forest Electricity Aggregation 2 City of Lake Forest Electricity Aggregation Program Total Estimated Residential Savings $ 564 through May 2013 Total Estimated Sm. Business Savings $ 217 through May 2013 $0 $20 $40 $60 $80 $100 $120 Lake Forest Residents Average Monthly Savings 46 North Shore Electricity Aggregation Consortium Winter 2013 Edition mc2 to Launch Opt-In Web Capability for North Shore Residents. Mc Squared Energy Services, LLC is excited to announce that we expect to launch opt-in web capability for North Shore residents at the beginning of the first quarter. Residents will no longer have to go through the lengthy phone opt- in process, however; it will still be available for customers who prefer to enroll this way. Customers will benefit from having 24 hour access and immediate confirmation of their enrollment. Customers may also elect a Green product at the initial time of enrollment. The web opt-in capability will be available on the North Shore Electricity Aggregation consortium website at www.northshoreelectricityaggregation.com. In order to enroll, customers must have their ComEd account number. We look forward to providing North Shore customers this online enrollment convenience. New Move Opt-Out Program The New Move Opt-Out program has been a great success. We would like to thank you for sending in all of your ComEd lists and we are now in the process of enrolling customers into the North Shore Electricity Aggregation consortium. We are happy to report that we have seen very low opt-out numbers in the North Shore Communities. Opt-Out Percentage Tracking Deerfield- 0.27% Lake Bluff- 0.68% Northbrook- 0.80% Lake Forest- 0.67% Highland Park- 2.56% Park Ridge- 1.57% Glencoe- 1.56% Skokie- 2.52% Most residents will see the electricity aggregation rate reflected on their February ComEd bill. 47 North Shore Electricity Aggregation Consortium Winter 2013 Edition New Year, New Energy Saving Habits Heavy holiday spending can influence many to refocus on money saving habits in the New Year. One way to see more savings is by saving energy. In reference to the US Department of Energy, the following are listed as the top energy savings strategies for colder months. Take advantage of Heat from the Sun Open curtains on your south-facing windows during the day to allow sunlight to naturally heat your home, and close them at night to reduce the chill you may feel from cold windows. Cover Drafty Windows Use a heavy-duty, clear plastic sheet on a frame or tape clear plastic film to the inside of your window frames during the cold winter months. Make sure the plastic is sealed tightly to the frame to help reduce infiltration. Install tight-fitting, insulating drapes or shades on windows that feel drafty after weatherizing. Adjust the Temperature When you are home and awake, set your thermostat as low as possible and still be comfortable. When you are asleep or out of the house, turn your thermostat back 10° to 15° for eight hours and save around 10% a year on your heating and cooling bills. Maintain Your Heating Systems Schedule service for your heating system and find out what maintenance is required to keep your heating system operating efficiently. Also, replace your furnace filter once a month or as needed. For wood and Pellet-Burning Heaters, clean the flue vent regularly and clean the inside of the appliance with a wire brush periodically to ensure that your home is heated efficiently. Reduce Heat Loss from the Fire Place Keep your fireplace damper closed unless a fire is burning. Keeping the damper open is like keeping a window wide open during the winter; it allows warm air to go right up the chimney. When you use the fireplace, reduce heat loss by opening dampers in the bottom of the firebox (if provided) or open the nearest window slightly -- approximately 1 inch -- and close doors leading into the room. Lower the thermostat setting to between 50° and 55°F. If you never use your fireplace, plug and seal the chimney flue. If you do use the fireplace, install tempered glass doors and a heat-air exchange system that blows warmed air back into the room. Check the seal on the fireplace flue damper and make it as snug as possible. Purchase grates made of C-shaped metal tubes to draw cool room air into the fireplace and circulate warm air back into the room. Add caulking around the fireplace hearth. Lower Your Water Heating Costs Water heating can account for 14% to 25% of the energy consumed in your home. Turn down the temperature of your water heater to the warm setting (120°F). Find out more about energy saving strategies at Energy.gov http://energy.gov/energysaver/articles/fall- and-winter-energy-saving-tips * US Department of Energy “Fall and Winter Energy- Savings”,RetreivedDecember7,2012,http://energy.gov/ene rgysaver/articles/fall-and-winter-energy-saving-tips 48 DRAFT 1/17/13 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTH SHORE ELECTRICITY AGGREGATION CONSORTIUM BETWEEN AND AMONG THE CITIES OF HIGHLAND PARK, LAKE FOREST, AND PARK RIDGE, AND THE VILLAGES OF DEERFIELD, GLENCOE, LAKE BLUFF, NORTHBROOK, AND SKOKIE THIS IS A FIRST AMENDMENT (“First Amendment”) to a Intergovernmental Agreement ("Agreement"), dated January 1, 2013, by and between, and among VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation (“Deerfield”), the VILLAGE OF GLENCOE, an Illinois municipal corporation (“Glencoe”), the CITY OF HIGHLAND PARK, an Illinois home rule municipal corporation ("Highland Park"), the VILLAGE OF LAKE BLUFF, an Illinois home rule municipal corporation ("Lake Bluff"), THE CITY OF LAKE FOREST, an Illinois home rule municipal corporation ("Lake Forest"), the VILLAGE OF NORTHBROOK, an Illinois home rule municipal corporation ("Northbrook") and the VILLAGE OF PARK RIDGE, an Illinois home rule municipal corporation (“Park Ridge”), and the VILLAGE OF SKOKIE, an Illinois home rule municipal corporation (“Skokie”) (collectively, the “Parties”). This First Amendment is made and entered into as of the 1st day of January, 2013 ("Effective Date"). WITNESSETH: WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 (“Act”), authorizes the corporate authorities of a municipality to establish a program to aggregate electrical loads of residential and small commercial retail customers and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those electrical loads (“Electricity Aggregation Program”); and WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum, operate an Electricity Aggregation Program as an “opt-out” program that applies to all residential and small commercial retail electrical customers who do not affirmatively choose not to participate; and WHEREAS, the Act authorizes municipalities to jointly operate an Electricity Aggregation Program and does not prohibit municipalities from entering into an intergovernmental agreement to aggregate electric loads for those programs; and WHEREAS, in December 2011, the Parties entered into that certain Intergovernmental Agreement Establishing the North Shore Electricity Aggregation Consortium Between and Among the Cities of Highland Park, Lake Forest, and Park Ridge, and the Villages of Deerfield, Glencoe, Lake Bluff, Northbrook, and Skokie ("Agreement"); and WHEREAS, the electors of each of the Parties approved referenda on March 20, 2012, permitting the Parties to establish an "opt-out" Electricity Aggregation Program; and WHEREAS, in accordance with the Agreement, the Parties established the North Shore Electricity Aggregation Consortium (“Consortium”) to provide for a comprehensive and unified effort to facilitate joint action and intergovernmental cooperation to combine the bidding and contracting process to obtain the supply of electric power for their Electricity Aggregation Programs (“Joint Power Supply Bid”); and 49 DRAFT 1/17/13 2 WHEREAS, as a result of the Joint Power Supply Bid process, each of the Parties entered into a power supply agreement with MC Squared Energy Services, LLC, for the provision of electricity as part of their respective Electricity Aggregation Programs; and WHEREAS, the Parties desire to continue to utilize the powers and authority granted to them, individually and collectively, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq., and Section 1-92 of the Act, 20 ILCS 3855/1-92 to: (i) extend the term of the Agreement and the Consortium in perpetuity; (ii) allow the Consortium to continue to address and administer the Parties' Electricity Aggregation Programs; and (iii) allow the Consortium to address additional issues of mutual interest related to utility and energy efficiency and pricing that may be identified by the Parties from time to time (collectively, "Utility Issues"); and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues affecting this matter, each of the Parties has determined that it is in the best interests of its citizens and of the general public welfare that this First Amendment be executed and implemented by the Parties; and WHEREAS, the Parties have each approved this First Amendment by an ordinance or resolution duly adopted by the Party’s corporate authorities; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, and pursuant to all applicable statutes and local ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of 1970, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section 1-92 of the Act, 20 ILCS 3855/1-92, the Parties do hereby agree as follows: SECTION 1. RECITALS. The foregoing recitals are, by this reference, incorporated into and made a part of this First Amendment. SECTION 2. DEFINITIONS; RULES OF CONSTRUCTION. A. Definitions. All capitalized words and phrases used throughout this First Amendment shall have the meanings set forth in the various provisions of this First Amendment. If a word or phase is not specifically defined in this First Amendment, it shall have the same meaning as in the Agreement. B. Rules of Construction. Except as specifically provided in this First Amendment, all terms, provisions and requirements contained in the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the text of the Agreement and the text of this First Amendment, the text of this First Amendment shall control. SECTION 3. PURPOSE. This First Amendment is made for the purpose of extending the duration of the Consortium and endowing it with all of the authority, powers, and resources necessary and convenient to allow the Parties to jointly and efficiently: (i) continue to administer the Parties' Electricity Aggregation Programs; (ii) address common bidding and contracting for future Joint 50 DRAFT 1/17/13 3 Power Supply Bids; and (iii) address Utility Issues identified by the Parties. This First Amendment is further intended to allow the Parties to jointly seek available local, state, and federal funds and other resources, if available, to assist in addressing future Joint Power Supply Bids and Utility Issues for the Parties. SECTION 4. GENERAL COOPERATION. The Parties acknowledge and agree: A. To cooperate with each other in furtherance of the purposes, goals, and objectives of the Consortium, the Agreement, and this First Amendment. Cooperation required by this First Amendment specifically includes, but is not limited to, the sharing and joint utilization by and among the Parties of information and other materials possessed or developed by the Parties, either individually or collectively, and necessary to investigate, identify, and otherwise document future Joint Power Supply Bids and Utility Issues. B. The Consortium shall continue to research and investigate the electricity market and various options for the issuance of future Joint Supply Power Bids in accordance with the Agreement. C. The Consortium shall research and investigate Utility Issues and the relevant and appropriate utility markets and various options available to the Consortium to achieve energy and utility pricing and efficiency savings. E. The Consortium shall continue to have the authority to prepare Technical Requirements and bidding and contract documents incorporating the Technical Requirements for future Joint Supply Power Bids and to address Utility Issues. F. The Consortium shall continue to have the authority to mutually select, or change as may be necessary, one Party to serve as the official coordinator to bid future Joint Power Supply Bids or bids or proposals related to Utility Issues (“Official Coordinator”). G. The Consortium shall continue to have the authority to prepare Educational Materials concerning the Joint Supply Power Bid, future Joint Power Bids, and Utility Issues. SECTION 5. PAYMENTS AND EXPENSES. A. Official Payor. Highland Park shall continue to serve as the official payor of all Shared Expenses for and on behalf of the Consortium. In connection therewith, Highland Park shall have the authority to collect and accept revenues, payments, and fees from the Parties or any entity that contracts with the Parties, as may be agreed to by the Parties from time to time. B. Expenses. Pursuant to the Agreement and this First Amendment, each Party shall be responsible to pay its respective share, using its own local funds, of the costs and expenses of the Consortium, including, without limitation, the cost of the Joint Power Supply Bid, future Joint Power Supply Bids, and any bids related to Utility Issues that the Parties agree to issue. Each Party shall budget and appropriate sufficient funds to pay its respective share of the costs and expenses of the Consortium by an ordinance or resolution approved by the Party’s corporate authorities. 51 DRAFT 1/17/13 4 C. Approval by Corporate Authorities. The Parties acknowledge and agree that, although they intend to proceed under joint bids, the corporate authorities of any Party may fail to approve future Joint Power Supply Bids, related Power Supply Agreements, or bids, proposals, or agreements related to Utility Issues. In the event a Party fails to provide such approval, the remaining Party or Parties may either proceed with the Joint Power Supply Bids or bids related to Utility Issues, or proceed individually. SECTION 6. WITHDR AWAL . A. Right to Withdraw. Any Party may withdraw as a Party of the Consortium, prior to going out to bid on a Joint Power Supply Bid or a bid or proposal related to an Utility Issue, upon the provision of written notice to the other Parties of its withdrawal. B. Responsibility Upon Withdrawal. Any Party withdrawing from the Consortium pursuant to Section 6.A of this First Amendment shall pay its share of any and all costs and expenses incurred by or on behalf of the Consortium prior to the effective date of the Party's withdrawal and for which the Party is responsible. If the Withdrawal of one or more Parties results in the dissolution and termination of the Consortium pursuant to Section 6.C of this First Amendment, the withdrawing Party or Parties shall cooperate and participate in the dissolution and termination of the Consortium. C. Dissolution and Termination. The Consortium shall be dissolved and terminated upon the earlier to occur of: (i) the effective withdrawal pursuant to this Section 6 of one or more Parties so as to reduce the total number of Parties to fewer than two; or (ii) the written agreement of all of the Parties to this First Amendment. SECTION 7. GENERAL PROVISIONS. A. Notices. All notices required or permitted to be given under this First Amendment shall be given by the Parties as specified in the Agreement. B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this First Amendment that form any part of this First Amendment or upon which any of the Parties is relying in entering into this First Amendment. This First Amendment, and all covenants and provisions herein contained, shall bind and inure to the benefit of each respective local governmental entity which is a party hereto and their respective successors and assigns. C. Effective Date. This First Amendment shall take effect upon the execution of this First Amendment by all of the Parties. D. Severability. If any provision of this First Amendment is construed or held to be void, invalid, or unenforceable in any respect, the remaining provisions of this First Amendment shall not be affected thereby but shall remain in full force and effect. E. Interpretation. It is the express intent of the Parties that the First Amendment shall be construed and interpreted so as to preserve its validity and enforceability of the Agreement and this First Amendment. The Parties hereto have been represented by counsel and have had full opportunity to discuss this First Amendment prior to execution. This First Amendment shall be construed without regard to the identity of the Party who drafted the various provisions of this First Amendment. Moreover, each and every provision of this First 52 DRAFT 1/17/13 5 Amendment shall be construed as though all Parties to this First Amendment participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this First Amendment. F. Amendments and Modifications. This First Amendment shall not be modified, changed, altered, or amended without the duly authorized and written consent of each of the Parties by their respective corporate authorities and pursuant to ordinances or resolutions duly adopted and approved by the Party’s corporate authorities. No amendment or modification to this First Amendment shall be effective until it is reduced to writing and approved by the corporate authorities of each Party and properly executed in accordance with all applicable law. G. Authority to Execute. Each Party hereby warrants and represents to each other Party that the person executing this First Amendment on its behalf has been properly authorized to do so by the corporate authorities of the Party. H. No Third Party Beneficiaries. Nothing in this First Amendment shall create, or shall be construed or interpreted to create, any third party beneficiary rights. I. Indemnification. Each Party (the “Indemnifying Party”) hereby agrees to indemnify, hold harmless and defend the other Parties (each an “Indemnified Party”) from and against any and all losses, claims, expenses and damages (including reasonable attorneys’ fees) made against or incurred by the Indemnified Party for any actions taken or failures to act by the Indemnifying Party in connection with a bid related to Utility Issues that arise out of such bid, each agreement that a Party may enter into as a related to a bid issued by the Consortium related to Utility Issues, or this First Amendment, to the extent that such claims were not caused by actions, or failures to act, of the Indemnified Party. J. Execution. This First Amendment shall be executed by all of the Parties in identical original duplicates and each of the duplicates shall, individually and taken together, constitute one and the same First Amendment. [SIGNATURE PAGE FOLLOWS] 53 DRAFT 1/17/13 6 IN WITNESS WHEREOF, the Parties have by their duty authorized officers and representatives set their hands and affixed their seals to be effective as of the Effective Date of this First Amendment. ATTEST: VILLAGE OF DEERFIELD By: ___________________________ By:____________________ Village Clerk Village Manager ATTEST: VILLAGE OF GLENCOE By: ___________________________ By:____________________ Village Clerk Village Manager ATTEST: CITY OF HIGHLAND PARK By: ___________________________ By:____________________ City Clerk City Manager ATTEST: VILLAGE OF LAKE BLUFF By: ___________________________ By:____________________ Village Clerk Village Administrator ATTEST: THE CITY OF LAKE FOREST By: ___________________________ By:____________________ City Clerk City Manager ATTEST: VILLAGE OF NORTHBROOK By: ___________________________ By:____________________ Village Clerk Village Manager 54 DRAFT 1/17/13 7 ATTEST: CITY OF PARK RIDGE By: ___________________________ By:____________________ City Clerk City Manager ATTEST: VILLAGE OF SKOKIE By: ___________________________ By:____________________ Village Clerk Village Manager #11859990_v4 55 The City of Lake Forest CITY COUNCIL Proceedings of the January 22, 2013 Regular Meeting 7:30 p.m. – City Hall Council Chambers Alderman Novit moved, seconded by Alderman Pandaleon to appoint Alderman Donald Schoenheider as Acting Mayor for the balance of Mayor Jim Cowhey’ s term. The following voted “Yeah” Novit, Waldeck, Moore, Pandaleon, Schoenheider, Tack, and Adelman. The following voted “Nay” None. Motion carries. CALL TO ORDER AND ROLL CALL: Acting Mayor Schoenheider called the meeting to order at 7:30p.m. Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Waldeck, Moore, Pandaleon, Schoenheider, Adelman .Absent: Honorable Mayor Cowhey, Alderman Palmer. Quorum present. There was approximately 30+ present in the audience. Also present were: Robert Kiely, City Manager; Carina Walters, Assistant City Manager; Marlo Del Percio, City Attorney; Catherine Czerniak, Director of Community Development; Susan Banks, Communications Manager; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works; Anne Whipple, Communications; Cathryn Buerger, Deputy City Clerk; Jim Held, Police Chief; Kevin Issel, Fire Deputy Chief; Desha Kalmar, Human Resources Director. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Acting Mayor Acting Mayor Schoenheider took a moment to thank Mayor Jim Cowhey, who resigned effective this date, for all of his hard work, dedication, and leadership. A. Community Spotlight- School of St. Mary Presidents Blue Ribbon Award for Education School Principal, Vennette Biancalana briefed the Council on the award the school of St. Mary’s won this past year called the President’s Blue Ribbon Award. Acting Mayor Schoenheider thanked Principal Biancalana and her staff for doing a great job with our children. Acting Mayor Schoenheider presented the plaque to Principal Biancalana. B. Appointment of Matthew Davis to the Board of Fire & Police Commissioners Alderman Novit moved, seconded by Alderman Moore approve the appointment. Motion carried unanimously by voice vote. C. Appoint Steve Potsic to Senior Resource Commission and Nini Lustig as Chair of Commission Alderman Novit moved, seconded by Alderman Pandaleon to approve the appointments. Motion carried unanimously by voice vote. 2. Comments by City Manager A. Consideration of a Resolution of Support for Conway Farms Golf Club Hosting the 2013 BMW Championship Golf Tournament The Conway Farms Golf Course has been selected by the PGA TOUR as the site of the 2013 BMW Championship Golf Tournament. Conway Farms has previously hosted amateur golf tournaments in hopes being recognized as a premier, championship golf course worthy of hosting a major professional golf tournament. The BMW Championship Tournament is the third of four events in the PGA TOUR Playoffs for the FedEx Cup and includes only the top 70 golfers in the world. Todd Marsh, Conway Farms Golf Course Manager, stood before Council to discuss the Club’s vision of this tournament; 1. Provide PGA Tours the best in class championship 2. Provide a positive impact to the businesses and residents 3. Goal to make BMW proud of its location selection 4. Give the game the golf a reason to stay in Chicago 5. Show pride and be proud to be able to host the championship 56 Proceedings of the January 22, 2013 Regular City Council Meeting Vince Pelligrino, Vice President-Tournament Operations for the Western Golf Association attended the Council meeting and gave the Council a brief summary/schedule of the week’s events along with a short video. Resolution was before Council stating the City Council’s support for this prestigious golf tournament and directing staff to provide assistance to Conway and the Western Golf Association as they prepare for the event scheduled for September 9 – 15, 2013. Residents and former Aldermen John Looby and Roger Mohr expressed their appreciation for the event and mentioned how important this is to the success of the Evans Scholars Scholarship Foundation. RECOMMENDED ACTION: Approve the proposed Resolution proclaiming the City’s support for Conway Farms Golf Course hosting the 2013 BMW Championship Golf Tournament. Alderman Novit moved, seconded by Alderman Pandaleon to approve the Resolution proclaiming the City’s support for Conway Farms Golf Course hosting the 2013 BMW Championship Golf Tournament. Motion carried unanimously by voice vote. B. Adoption of the 2013-2018 Strategic Plan City Manager, Bob Kiely presented the Council with the Strategic Plan for 2013-2018 and gave them an overview of the matrix. In his overview the city Manager advised the Council that action steps have been completed on roughly 85% of the items. The City Manager has requested the Council to go through the list of items and choose an item that has an interest to them. With that the City Manager is asking each Alderman to choose a topic and conduct a community meeting on this item and then bring the results back to the Council for review. He welcomed input from the Council. Alderman Pandaleon moved, seconded by Alderman Novit to accept and adopt the 2013-2018 Strategic Plan. Motion carried unanimously by voice vote. C. Consideration of a Resolution Of Intent To Establish A Multi-Jurisdictional Task Force On Fire & EMS Shared Services consideration between the City of Highland Park, the City of Highwood, the City of Lake Forest and Village of Lake Bluff Over the past two years the City of Lake Forest has been participating in a study with the cities of Highland Park and Highwood and the Village of Lake Bluff regarding our collective fire and EMS services. We currently provide mutual assistance to these communities through various MABAS, ARA and AA agreements and are interested in identifying other opportunities for greater efficiencies and service level enhancements. The four communities engaged the services of the International City/County Management Association Center for Public Safety Management (ICMA/CPSM) to study and analyze the policies, procedures and operations of the fire and EMS services and they have submitted a final analysis to the communities. On December 11, 2012 the governing bodies of the four communities came together to hear a presentation by representatives of ICMA/CPSM on their findings and recommendations. One recommendation, which was generally supported by those in attendance, was the establishment of a Task Force to continue the dialogue and critical analysis of the feasibility of consolidating the four fire departments. The proposed resolution would authorize the Mayor to appoint two representatives to the Task Force who are charged with conducting the necessary studies, public meetings, and considerations to formulate a recommendation to the four respective governing bodies. RECOMMENDED ACTION: Approve the Resolution of Intent to Establish a Multi-Jurisdictional Task Force on Fire & EMS Shared Services. Acting Mayor Schoenheider stated that the two members to be appointed to the task force from The City of Lake Forest will be City Manager, Bob Kiely and Fourth Ward Alderman, Bob Palmer. Alderman Novit moved, seconded by Alderman Adelman to approve the Resolution of Intent to Establish a Multi-Jurisdictional Task Force on Fire & EMS Shared Services. The following voted “Yeah” Novit, Waldeck, Moore, Pandaleon, Schoenheider, Tack, and Adelman. The following voted “Nay” None. Motion carries. D. 2013 Community Priorities City Manager, Bob Kiely outlined and discussed in detail the 2013 Community Priorities to the Council: 1. Strategic Plan (implementation) 7.Hospital Expansion 2. Advocate, Educate, Celebrate 8. Diversity of Housing 3. Redevelopment of Laurel Ave. 9. Beautification 4. Rail Service and Safety Improvements 5. BMW Championship 6. Business alignment 57 Proceedings of the January 22, 2013 Regular City Council Meeting 3. Comments by Council Members A. Finance Committee Report- Alderman Pandaleon 1. Ordinance Terminating the West Lake Forest Tax Increment Financing (TIF) District, Declaring Surplus Revenue in the TIF District and Authorizing Payment of Surplus Revenue to the Affected Taxing Districts on a Pro Rata Basis and an Ordinance providing for a Supplemental Appropriation for FY13 for the TIF Fund (First Reading and if desired by the City Council, Final Approval) Staff requested that the City Council adopt an Ordinance terminating the West Lake Forest TIF district effective December 31, 2012, declaring surplus revenue in the TIF district and authorizing payment of surplus revenue to the affected taxing districts pursuant to State Statutes. Due to FY13 property tax receipts exceeding budget estimates, a supplemental appropriation is required for FY13 to close out the TIF Fund. BACKGROUND/DISCUSSION: The City Council adopted Ordinances approving the West Lake Forest Tax Increment Financing (TIF) District Redevelopment Plan, designating the area as a redevelopment project area pursuant to the Tax Increment Allocation Redevelopment Act, and adopting tax increment allocation financing for the area on May 14, 1988, at which time the certified assessed valuation of the TIF district was $2,396,529. Since 1988, the district has evolved significantly in terms of growth in assessed valuation and increased utilization of previously vacant parcels within the redevelopment project area. Over the years, the City has participated in several major redevelopment initiatives within the district including a new commuter station and parking lot, train depot and fire station, installation of sanitary sewer and water mains, traffic and streetscape improvements, school and park improvements. Private projects have included the renovation of Country Corners shopping center, construction of Sunset Foods shopping center and Lovell’s Restaurant. Several townhouse and single-family developments have occurred. During FY10-12, the City completed a comprehensive upgrade of its fiber optic telecommunications systems within the commercial and public portions of the TIF District. State Statutes establish a standard 23-year period for TIF districts, which for the West Lake Forest TIF ends December 31, 2012. The City notified all impacted taxing districts of the TIF expiration by November 1, 2012 in accordance with statutory requirements and the City Council adopted a resolution confirming its intent to terminate the TIF district effective December 31, 2012 to provide added assurance to taxing districts including the TIF assessed valuation in their 2012 tax levies. As of September 2012, the Lake County Assessor’s Office estimated the additional TIF assessed valuation to be $49.5 million. With all remaining expenditures having been processed by the December 31 deadline, the Finance Department has determined that the special tax allocation fund for the West Lake Forest Redevelopment Area has final surplus funds in the amount of $2,389,515.19 available for distribution on a pro rata basis to the affected taxing districts. Upon approval of the Ordinance, these funds will be remitted to the Lake County Collector for distribution to the affected taxing districts on a pro rata basis determined by the most recent distribution of property taxes from real property in the TIF district. Property tax receipts in the TIF Fund exceeded Fiscal Year 2013 budget estimates. In order to close out the TIF Fund and make the required payment to the Lake County Collector of the surplus funds, a supplemental appropriation is required in the amount of $10,000. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinance terminating the West Lake Forest TIF District, declaring surplus and authorizing payment of surplus to the affected taxing districts on a pro rata basis. Waive first reading and grant final approval of the Ordinance making a supplemental appropriation for the fiscal year beginning May 1, 2012 and ending April 30, 2013. Discussion was held at the Finance Committee meeting and Council requested this be held to first reading only. Final reading will be voted on at the February 4, 2013 City Council meeting. Alderman Novit moved, seconded by Alderman Moore to grant first reading of the Ordinance terminating the West Lake Forest TIF District, declaring surplus and authorizing payment of surplus to the affected taxing districts on a pro rata basis. Motion carried unanimously by voice vote. Alderman Novit moved, seconded by Alderman Waldeck to grant first reading of the Ordinance making a supplemental appropriation for the fiscal year beginning May 1, 2012 and ending April 30, 2013. Motion carried unanimously by voice vote. B. Property and Public Lands Committee – Alderman Schoenheider 1. Consideration of an Ordinance Vacating the Right-of Way Located between the Properties Addressed as 1, 41, 15 Stonegate Road, and the Properties Addressed as 11 and 33 Stonegate Lane. (First Reading) 58 Proceedings of the January 22, 2013 Regular City Council Meeting Staff recommended that the City Council consider approval of an ordinance vacating the right-of-way (ROW) located between the properties addresses as 1, 41, 15 Stonegate Road, and the properties addressed as 11 and 33 Stonegate Lane. The subject ROW is approximately 10’ wide, and 1,615’ long and extends from the east end of Illinois Road, to the beach. At the beach, there is a narrow pedestrian easement that extends 16' by 60’ to the south of the ROW. This consideration is not unlike prior vacation recommendations that have been brought forth under former City Council Committees (i.e. Planning and Preservation). BACKGROUND/DISCUSSION: In 2006, the City received an inquiry from one of the Stonegate residents seeking to vacate the ROW. At that time, staff contacted the homeowners (1 Stonegate, 15 Stonegate, 41 Stonegate, 11 Stonegate Lane and 33 Stonegate) proposing to split the 10 foot easement down the middle with half going to the neighbors to the north and the other half going to the neighbors to the south. The project failed to move forward as the Homeowner of 1 Stonegate sold the property. Periodically, staff has continued to receive inquiries as to the status of the ROW; therefore, brought this item before the Property and Public Land Committee (PPL) for consideration. The PPL was asked to identify whether retaining the ROW and the 16’ x 60’ pedestrian easement at the end of the previously vacated Illinois Avenue (the Easement) served the long term good and strategic interests of the City. The PPL elected to recommend to the City Council at its March 19, 2012 meeting a consideration of an ordinance vacating and releasing the easement rights of the Right-of Way; however, such consideration was postponed due to additional questions received by the neighbors. In May staff held a neighborhood meeting moderated by City Attorney Victor Filippini. Three of the five homeowners attended. During the meeting he explained that as part of the original Lake Forest Subdivision, Illinois Avenue was platted to extend to the easternmost part of Lake Forest to the Lake Michigan shore. In 1906, the City Council vacated Illinois Avenue east of Stonegate Road and Stonegate Lane, reserving the northerly ten feet of Illinois Avenue as a public pedestrian right-of-way. Although the 10' Strip provides legal access to the beach along Lake Michigan, the 10' Strip has not been maintained to permit convenient access along its length. Additionally, the 1906 Vacation Ordinance was approved in conjunction with an agreement between the City and the then-owner of the James H. Douglas Subdivision. The agreement required the owner of the James H. Douglas Subdivision to maintain a five-foot walk along the 10'Strip and keep the 10' Strip free from overgrowth and debris. The 1906 Agreement also required the owner of the James H. Douglas Subdivision to hold the City harmless in the event of any liability arising from the use of the 10' Strip. It does not appear that the 1906 Agreement was ever recorded, and so the obligations imposed by the 1906 Agreement may be unenforceable against the current owners in the James H. Douglas Subdivision. As currently situated, any member of the public can access this ROW. The vacation of the ROW will eliminate the general public's right to use the ROW, but it will not extinguish rights of property owners within the subdivisions whose plats created the ROW, including specifically the parcels owned by the Stonegate Road and Stonegate Lane homeowners. The ordinance will place restrictions on the vacated parcels indicating that they must remain open space and may not be used to support subdivision of the parcels or support additional building square footage. In addition, the Ordinance reserves a utility easement for the City in the vacated parcels, which will allow the City, and its assigns, to use the vacated parcels at the City's discretion for utility purposes. Pursuant to the direction of the Property and Public Land Committee it is recommended to present an ordinance to the Council that would vacate the 10 foot easement to 11 Stonegate, 33 Stonegate, 15 Stonegate, and 41 Stonegate with the exception of parcel #3 of the attached plat of survey. Parcel #3 would be vacated to 1 Stonegate Road in consideration of the bluff stabilization and restoration work being completed. Kimberly Layden resident (lot 4) stood before Council to state her concerns and opinions of the right-of-way. Issues concerning the stairs, maintenance, rights, etc. were discussed. Discussion was held and additional language was requested by Council to City Attorney, Marlo Del Percio. Updated language and final reading will be scheduled at the next City Council meeting 2/4/13. RECOMMENDED ACTION: Approve first reading of an ordinance vacating the right-of-way (ROW) located between the properties addresses as 1, 41, 15 Stonegate Road, and the properties addressed as 11 and 33 Stonegate Lane. Alderman Pandaleon moved seconded by Alderman Novit to approve first reading of an Ordinance vacating the right-of-way (ROW) located between the properties addresses as 1, 41, 15 Stonegate Road, and the properties addressed as 11 and 33 Stonegate. Alderman Moore advised Council that CROYA will be having a fundraiser/family event on February 10, 2013 at CROYA. Alderman Adelman stressed what an exciting time this is for The City of Lake Forest with the BMW Championship coming to Lake Forest. This is an exciting time to extend the tradition of professional golfers in Lake Forest. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS- Bannockburn Mayor, James Barkemeyer, presented the Council with the first place trophy from a barbeque challenge this past summer won by the Lake Forest Fire Department. The City Manager accepted on the fire department’s behalf. 59 Proceedings of the January 22, 2013 Regular City Council Meeting ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Check Register for Period November 22 - December 21, 2012 Fund Invoice Payroll Total General 695,754 1,094,724 1,790,478 Water & Sewer 2,028,999 114,338 2,143,337 Parks & Recreation 143,489 271,691 415,180 Capital Improvements 156,435 3,682 160,117 Bond Funds - Projects 0 0 0 Motor Fuel Tax 16,381 0 16,381 Cemetery 153,638 17,029 170,667 Senior Resources 16,504 19,305 35,809 Deerpath Golf Course 115,347 21,956 137,304 Fleet 36,881 34,526 71,407 Debt Funds 1,743,546 0 1,743,546 Housing Trust 75,000 0 75,000 Park & Public Land 0 0 0 All other Funds 790,813 162,822 953,636 $ 5,972,786 $ 1,740,075 $ 7,712,861 2. Request for City Council to Waive the Bidding Process to Purchase Replacement Water Plant Membrane Filters Primarily throughout the winter months, water plant staff repair and account for the broken fibers on each of the 192 modules. Sixteen modules have reached the point where they need to be replaced. Dollars have been budgeted in the F.Y. 2014 Capital Improvement Plan for this purchase. The modules are built in Toulouse, France and take approximately four months to produce and ship to Lake Forest. Beginning last year, the City was informed that there was no longer a U.S. vendor and that the modules would be purchased directly from AquaSource; this resulted in a 58% savings in module pricing as compared to purchasing the modules through the United States vendor. Since no other membrane module will work with the City’s system, staff is requesting that the bidding process be waived and an order be placed to purchase sixteen AquaSource units. This evening’s approval would allow for the modules to be delivered and installed by late May, 2013. In April, 2004 The City of Lake Forest placed into service its new Ultra-Filtration Membrane Water Plant. Due to a manufacturing defect all 192 modules were replaced in the summer, 2006. The modules have a one year manufacturer warranty and are estimated to have a life expectancy of seven to ten years. Eight modules were replaced in October, 2009, twenty in July, 2010, twenty-four in June, 2011, and forty- four in July, 2012. Every eight hours one of the eight skids performs an air integrity test to determine if there are any broken fibers. Each module contains 35,000 fibers and the manufacturer recommends the module be replaced when 300 fibers have been repaired. BUDGET/FISCAL IMPACT: Staff has budgeted for the replacement of modules each fiscal year. The recent installation of the low- lift side arm pumps has been successful in reducing fiber breaks in each of the modules. However the modules will continue to need to be replaced since they each have a number of existing fiber breaks (breaks that occurred before the new low-lift side arm pumps). The price includes shipping via a “less-than container load” (LCL) ocean carrier. FY2014 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Water 508-0001-434-6749 $160,000 $144,610 Y RECOMMENDED ACTION: Staff requests that City Council waive the bidding process and award the purchase of sixteen replacement membrane modules to AquaSource in the amount of $144,610. This is $15,390 under the budgeted amount of $160,000. 60 Proceedings of the January 22, 2013 Regular City Council Meeting 3. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and Final Approval) 301 Vine Avenue – The Historic Preservation Commission recommended approval of a building scale variance to allow construction of an addition and modifications to the roof form and front entrance. Three letters were submitted in support of the petition, there was no testimony in opposition to the petition. (Board vote: 5-0, approved) RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinances in accordance with the recommendations of the Historic Preservation Commission. 4. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading and Final Approval) 301 Vine Avenue – The Zoning Board of Appeals recommended approval of variances from the lot-in-depth setback requirements to allow construction of a screen porch addition, modification of the roof form and modification of the front entrance within the required setback area. Two letters were submitted in support of this petition, there was no public testimony in opposition to this petition. (Board vote: 6-0, approved) RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Zoning Board of Appeals. 5. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading and if desired by the City Council, Final Approval) 775 S. Green Bay Road – The Building Review Board recommended approval of a new single family house on a vacant buildable lot. One neighbor spoke in opposition to the petition. (Board vote: 6-0, approved) RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinances in accordance with the recommendations of the Building Review Board. 6. Award of Two Grants for the Lighting Upgrades to the Recreation Fitness Center and the Telegraph Train Depot Interior Lights, Included in the F.Y. 2013 Operating Budget. During the month of August, 2012 while actively pursuing alternate funding for two separate lighting upgrade projects (Recreation Fitness Center and the Telegraph Train Depot), the City became aware of an opportunity offered through the Metropolitan Mayors Caucus to receive funding in the form of a grant for indoor lighting energy efficiency improvements offered by The Illinois Clean Energy Community Foundation (ICECF). As an added incentive, the Metropolitan Mayors Caucus teamed up with the 360 Energy Group to combine the projects of multiple municipalities into one large public bid, thus increasing the savings to the individual municipalities. By taking part in this opportunity, the City’s projects were eligible for additional funding in the form of an Illinois Department of Commerce and Economic Opportunity (DCEO) grant. For ease of facilitating, 360 Energy Group combined the City’s two projects into one larger project during the bidding process. The grant’s terms require the City to purchase the fixtures up-front for $33,605.27 and have them installed by March, 2013 before receiving the grant incentive of $16,970.10. This would result in a net out-of-pocket expense for the City of $16,635.17. Staff requested City Council authorization to have the City Manager execute the grant agreement with the Metropolitan Mayors Caucus on behalf of the Department of Commerce and Economic Opportunity and the Illinois Clean Energy Community Foundation for the lighting upgrades to the Recreation Fitness Center and Telegraph Train Depot. In addition, staff is requested City Council authorization to award the bid for lighting fixtures to Helsel Jepperson. Recreation Fitness Center: During staff’s inspection of the Recreation Center with the Energy Solutions Manager at 360 Energy Group, two areas were found to be eligible for energy efficiency upgrades: The metal halide fixtures in the Fitness Center and the T12 fluorescent light fixtures in the basement. The fixtures in both of these areas will be replaced with high efficient T8 fixtures, reducing our energy consumption by 74% in those areas. This will result in an annual savings of $3235 per year. Telegraph Train Depot: The metal halide can lights and the T12 fluorescent fixtures located in the main lobby of the Train Depot were also deemed eligible for energy efficiency upgrades. The can lights will be replaced with new high efficient LED can lights and the T12 fixtures will be retrofitted with T8 ballasts and bulbs, reducing our energy consumption by 62% in this area. This will result in an annual savings of $1860 per year. BUDGET/FISCAL IMPACT: On December 20, 2012, 360 Energy Group on behalf of the Metropolitan Mayors Caucus and the ICECF received the following bids for this project: 61 Proceedings of the January 22, 2013 Regular City Council Meeting Company Material only Bid Helsel Jepperson $33,605.27 Brook Electric $34,230.70 Evergreen Supply $34,793.68 Steiner Electric $33,605.70 Century Electric Bid disqualified for Non-Approved Alternates The public bid process for the multiple municipalities was coordinated by the 360 Energy Group under the direction of the Metropolitan Mayors Caucus. No alternate materials were used in the lowest certified bidder’s quote. The total material cost for the lighting upgrade is $33,605.27. The City has been qualified to receive $16,970.10 in grant incentives from the following grants: The Illinois Department of Commerce and Economic Opportunity (DCEO) for $8,900.10 and the Illinois Clean Energy Community Foundation (ICECF) for $8,070.00 bringing the actual project cost for The City of Lake Forest to $16,635.17 ($33,605.27 - $16,970.10 = $16,635.17). Not included in the above cost summary is the additional savings of $10,716 in labor costs by having the installation performed by City staff. Recreation Fitness Center and Telegraph Train Depot Lighting Upgrades: FY2013 Funding Source Amount Requested Budgeted? Y / N Operating Budget $33,605.27 Y RECOMMENDED ACTION: Authorize the City Manager to execute grant agreements with the Metropolitan Mayors Caucus on behalf of the Department of Commerce and Economic Opportunity for $8,900.10 and the Illinois Clean Energy Community Foundation for $8,070, and award the bid to Helsel Jepperson in the amount of $33,605.27. 7. Approval of the December 3, 2012 regular City Council minutes RECOMMENDED ACTION: Approve The Omnibus items as presented. Alderman Novit moved, seconded by Alderman Pandaleon to approve the Omnibus items as presented. The following voted “Yea” Aldermen Novit, Waldeck, Moore, Pandaleon, Schoenheider, Tack, and Adelman. The following voted “Nay” None. Motion carries. ORDINANCES 1. Consideration of an Ordinance amending chapter 39 of the City Code relating to the expansion of the composition of the Emergency Telephone System Board In 1989 the City Council established Ordinance #1833 (The E911 Surcharge and Emergency Telephone System Board). Currently members of the Emergency Telephone System Board include a member of the City Council, a resident of the City at large, two members of the Police Department, and a member of the Fire Department. The proposed amendment to ordinance #1833 is to change the makeup of the board to provide more oversight for expenditures and to be able to better control the coordinating supervising and implementation of the systems required. RECOMMENDED ACTION: Waive first reading and grant final approval to approve an Ordinance amending chapter 39 of the City Code relating to the expansion of the composition of the Emergency Telephone System Board. Alderman Novit moved, seconded by Alderman Pandaleon to approve an Ordinance amending chapter 39 of the City Code relating to the expansion of the composition of the Emergency Telephone System Board. The following voted “Yea” Aldermen Novit, Waldeck, Moore, Pandaleon, Schoenheider, Tack, and Adelman. The following voted “Nay” None. Motion carries. NEW BUSINESS ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT There being no further business, Alderman Pandaleon moved, seconded by Alderman Novit to adjourn the meeting at 9:20p.m. The motion carried unanimously by voice vote. 62