CITY COUNCIL 2014/04/21 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, April 21, 2014 SPECIAL START TIME 7:00 pm
City Hall Council Chambers
MOTION TO APPOINT ALDERMAN PALMER AS ACTING MAYOR 7:00 p.m.
Honorable Mayor, Donald Schoenheider
Kent Novit, Alderman First Ward Stanford Tack, Alderman Third Ward
Catherine Waldeck, Alderman First Ward Jack Reisenberg, Alderman Third Ward
David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 7:00 p.m.
PLEDGE OF ALLEGIANCE
EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c) ( 21), semi-annual review of the minutes
mandated by Section 2.06 of the Open Meetings Act and 5ILCS 120/2 (c) (1), The City
Council will be discussing personnel matters.
Adjournment into executive session
RECONVENE INTO REGULAR SESSION 7:30 p.m.
The action item(s) from the executive session will be addressed under Section 5- ITEMS
FOR OMNIBUS VOTE CONSIDERATION and Section 7- NEW BUSINESS
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR 7:30 p.m.
A. Deer Path Art League Emerging Artist Awards
2. COMMENTS BY CITY MANAGER 7:45 p.m.
3. COMMENTS BY COUNCIL MEMBERS 7:45 p.m.
A. PUBLIC WORKS COMMITTEE
1. Consideration of an Ordinance approving a Fee Schedule for The
City of Lake Forest (First Reading, and if Desired by the City Council,
Final Approval)
PRESENTED BY: Alderman Kent Novit, Public Works Committee Chairman and
Elizabeth Holleb, Finance Director (847-810-3612)
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April 21, 2014 City Council Agenda
PURPOSE AND ACTION REQUESTED: Staff requests first reading and if desired by the City
Council, final approval of an Ordinance approving a modified fee schedule for The City
of Lake Forest.
BACKGROUND/DISCUSSION: In February, the City Council adopted modified water rates
effective May 1, 2014. Included in the water rate adjustments was an increase in the
fixed portion of the water rate assessed to customers on a quarterly basis. The City
Council directed staff to explore the possibilities of an abatement program for low
income residents to relieve them of the increase in the fixed rate charge effective May
1st.
The City currently offers a discounted vehicle sticker for low income residents enrolled in
the State’s Benefit Access Program. Residents are required to show proof of enrollment in
the State program to receive the discount when renewing their annual vehicle sticker
each April. Staff is proposing that the City simply extend the current program and allow
for a $10.00 quarterly discount in the fixed water charge to all residents showing proof of
participation in the Benefit Access Program. This would alleviate the need for any
additional paperwork for residents and would be easily administered by the City. The
fixed charge discount for water would expire each April 30, consistent with the vehicle
sticker season. If a resident does not own a vehicle, he/she could simply provide proof of
continued participation in the Benefit Access Program to the Finance Department each
April to continue to receive the water rate discount.
The Public Works Committee will consider staff’s proposed program at its meeting on April
14, 2014.
BUDGET/FISCAL IMPACT: For the 2013-14 vehicle sticker season, the Benefit Access
Program vehicle sticker discount was provided to 32 households with water accounts.
This would result in a Fiscal Year 2015 water rate discount of $1,280, although additional
households may qualify for the water discount that do not currently have vehicles
registered in the City.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinance (page 20) approving a fee schedule
for The City of Lake Forest.
2. Consideration of a Recommendation by the Public Works Committee
for Approval of an Easement Agreement between The City of Lake
Forest and the North Shore Sanitary District.
PRESENTED BY: Alderman Novit, Public Works Committee Chairman
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of an
easement agreement between the City and the North Shore Sanitary District (NSSD
hereafter) for the District’s pump station and accompanying improvements located
within the south beach parking lot. The Public Works Committee voted unanimously in
favor of the agreement at its April 14, 2014 Public Works Committee meeting. The
easement agreement and its three exhibits are attached beginning on page 42.
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April 21, 2014 City Council Agenda
BACKGROUND/DISCUSSION: Since October, 1976, NSSD has operated a sanitary sewer
pumping station at the south end of Forest Park Beach. The initial easement agreement
has been amended throughout the years to allow NSSD to construct various
improvements. Under the original lease, NSSD was required to pay a monthly rental fee.
Over five years ago, the City agreed to waive the rental fee because NSSD had installed
two specific improvements that eliminated sewer discharges into the lake. Specifically,
the improvements included a two million gallon underground storage tank to store
excessive flows going into the station, and a natural gas emergency generator to supply
electrical power during power outages. These upgrades cost over $10 million to
construct and install.
Both the City and NSSD have agreed to establish a permanent and perpetual easement
allowing NSSD to continue to maintain and operate their improvements within the
easement area.
BUDGET/FISCAL IMPACT: In consideration of the prior and completed construction of the
overflow tank and emergency generator, the agreement waives all rental fees due or
past due from NSSD to the City under the original lease. If City Council approves the
agreement at this evening’s meeting, NSSD staff will seek approval of the agreement
from their Board of Trustees at its May 14, 2014 meeting. As noted in Section three of the
agreement, the City would agree to waive the rental fee balance of $113,153.30.
COUNCIL ACTION: Approval of an Easement Agreement between The City of Lake Forest
and the North Shore Sanitary District.
3. Consideration of a Recommendation by the Public Works Committee
for Approval of a Resolution Supporting Seasonal Lawn and
Landscape Irrigation Restriction, Education, and Enforcement.
PRESENTED BY: Alderman Novit, Public Works Committee Chairman
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of a resolution
that addresses irrigation restrictions, education, and enforcement for the upcoming
season. The resolution is attached beginning on page 55.
BACKGROUND/DISCUSSION: At the March 3, 2014 Committee of the Whole meeting,
staff outlined various highlights and program initiatives it proposes to pursue during F.Y.
2015 to address high water demands throughout the summer. Included was the
adoption of a resolution by City Council reviewing irrigation restrictions, education, and
enforcement. The Public Works Committee reviewed and approved the attached draft
resolution at their April 14, 2014 Public Works Committee meeting. Staff intends to return
to City Council in May, 2014 to recommend updates to Section 44-59 of the City Code.
As it is today, the Code has far less restrictions than what is needed to avoid supply issues
throughout the summer months. Therefore, revisions will be recommended that coincide
with items noted within this resolution.
BUDGET/FISCAL IMPACT: The draft resolution still allows for the irrigation of established
plant material three days per week for each property owner. Therefore staff does not
anticipate any significant change in the revenue it receives through annual water sales.
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April 21, 2014 City Council Agenda
COUNCIL ACTION: Approval of a Resolution Supporting Seasonal Lawn and Landscape
Irrigation Restrictions, Education, and Enforcement.
B. FINANCE COMMITTEE
1. Consideration of an Ordinance making a Supplemental
Appropriation for the Fiscal Year Beginning May 1, 2013 and Ending
April 30, 2014 and Ratifying a Transfer of $236,858.10 to the Elawa
Farm Foundation (First Reading, and if Desired by the City Council,
Final Approval)
PRESENTED BY: Alderman George Pandaleon, Finance Committee Chairman and
Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: As advised by the City Attorney, it is recommended to
approve a supplemental appropriation at the end of each fiscal year for any fund that is
anticipated to exceed the original appropriation. Staff requests first reading and if
desired by the City Council, final approval of an Ordinance making a supplemental
appropriation in Fiscal Year 2014 and ratifying a transfer of funds to the Elawa Farm
Foundation to close the Elawa Fund pursuant to a new operating agreement.
BACKGROUND/DISCUSSION: On March 17, 2014, the City Council approved an Elawa
Farm Operating Agreement between the City and Elawa Farm Foundation which relates
to the use, operation and management of the farm property. With the agreement
having been executed, City staff has begun the transition of operations to the
Foundation. As part of this transition, the City has transferred all remaining Elawa Fund
operational cash to the Foundation to close out the Elawa operating fund on the City’s
books in Fiscal Year 2014. Because this transfer was not anticipated in the Fiscal Year
2014 budget, a supplemental appropriation is required to provide the legal authority
under the appropriation ordinance.
BUDGET/FISCAL IMPACT: At the time of the transfer, the remaining operational cash in the
City’s Elawa operating fund was $236,858.10, which will bring the Elawa operating fund
balance to $-0- at the end of Fiscal Year 2014 as intended with the transfer of operations
to the Foundation. The supplemental appropriation required to meet legal compliance
as presented in the Ordinance is $205,000.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinance (page 58) making a supplemental
appropriation for the fiscal year beginning May 1, 2013 and ending April 30, 2014 and
ratifying a transfer of $236,858.10 to the Elawa Farm Foundation pursuant to the Elawa
Farm Operating Agreement.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:10 p.m.
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April 21, 2014 City Council Agenda
1. Approval of the April 7, 2014 City Council minutes.
A copy of the minutes begins on page 61.
2. Consideration of approval/ review of executive session minutes that include
the dates of 12/2/2013, 1/6/2014, 1/21/2014, 2/3/2014 and 4/7/2014
STAFF CONTACT: Margaret Boyer, Deputy City Clerk (847-810-3674)
PURPOSE AND ACTION REQUESTED: Staff requests approval and or review of executive
session minutes as mandated by Section 2.06 of the Open Meeting Act.
COUNCIL ACTION: Approval/review of executive session minutes
3. Approval of a Resolution Reallocating 2014 Volume Cap to the Village of
Buffalo Grove, Illinois
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval of a resolution reallocating the
City’s 2014 private activity bond volume cap to the Village of Buffalo Grove, Illinois for the
private activity bond clearinghouse (PABC) pool.
BACKGROUND/DISCUSSION: The Federal Tax Reform Act of 1986 imposes a limit on the
aggregate amount of “tax exempt private activity” bonds (also known as volume cap)
that can be issued by a State. Pursuant to these federal regulations, the State of Illinois
has developed a formula by which the State ceiling is allocated among governmental
units in the State having authority to issue such bonds.
The Illinois Private Activity Bond Allocation Act provides that a home rule unit of
government is allocated an amount equal to $100 multiplied by its estimated population,
which for Lake Forest in calendar year 2014 is $1,934,900 (19,349 x $100). By May 1, 2014,
the City must take action to grant, reserve or transfer its allocation, or the amount is
reserved by the Governor’s Office for a pool. The City may transfer its allocation to any
other home rule unit of government, the State of Illinois or any agency of the State.
This year, the City has received one request to transfer its volume cap, as follows:
Organization Proposed Use Amount of Transfer Fee
Village of Buffalo Grove
(Lake County Partners)
Private Activity Bond
Clearinghouse
0.5% or $9,674.50*
* Paid upon issuance of bonds utilizing the allocated volume cap
Home rule units are not prohibited from charging a fee for transferring their cap. In prior
years when economic conditions were more favorable, home rule units were able to
induce developers to pay a higher transfer fee than that offered by Lake County
Partners. In recent years, however, fewer developers have sought the volume cap due
to low interest rates and declines in development activity.
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April 21, 2014 City Council Agenda
Because the volume cap amount for most municipalities is too small to assist with eligible
projects, Lake County Partners created the Clearinghouse in 2000 as a way for Lake
County communities to pool their cap and make best use of the allocation locally. Lake
County Partners reports that in the past several years, they have seen little activity in the
private activity bond market. Since its inception, the clearinghouse has funded nearly
$200 million in local projects, including the construction of 360,000 square feet of new
manufacturing space, creation of 648 new manufacturing jobs, renovation of 1,600 multi-
family dwelling units, purchase of an estimated 251 homes by “first-time homebuyers”,
expansion of a Montessori School, and construction of a new solid waste disposal “cell”.
This is the ninth year under home rule status that the City has been allocated volume cap.
The City has transferred its volume cap to Buffalo Grove for the past seven years. To
date, fee income of $8,574.78 has been received.
BUDGET/FISCAL IMPACT: Upon issuance of bonds utilizing the City’s volume cap, a transfer
fee payment of .5% would be due to the City. Should the entire 2014 allocation be
utilized by the pool, the City would receive $9,674.50.
COUNCIL ACTION: Approval of a Resolution (page 65) Reallocating 2014 Volume Cap to
the Village of Buffalo Grove, Illinois.
4. Approval to renew agreement for financial and land parcel management
system software maintenance and licensing for FY2015.
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval to renew a one (1) year
agreement with Sungard / HTE software which includes maintenance services and
licensing.
BACKGROUND/DISCUSSION: The Sungard / HTE Company has been providing The City of
Lake Forest services for a financial and land parcel management system since 1998. This
system is one of the largest software systems to support City operations. It encompasses
financial, payroll, purchasing, general ledger, budget, water billing, accounts receivable,
fixed assets, parcel management, code enforcement, building permits, and land
management planning and zoning.
BUDGET/FISCAL IMPACT: On February 28, 2014, staff received the following quote from
Sungard / HTE:
FY2015 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
101-1315-415-4337 $64,860 $63,126 Y
The proposed fee represents a $2,540 (4.2%) increase over the costs for FY2014.
COUNCIL ACTION: Waive the bid process and approve a one (1) year maintenance
agreement with Sungard / HTE for software support and licensing of the City’s financial
and parcel management system based on the sole source vendor quote.
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April 21, 2014 City Council Agenda
5. Request for City Council to Waive the Competitive Bidding Process to
Purchase LED Street Light Lamps
STAFF CONTACT: DAN MARTIN, SUPERINTENDENT OF PUBLIC WORKS (810-3561)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council waive the competitive
bid process and award the purchase of Neptūn LED retrofit lamps to W. W. Grainger, Inc.
as an affiliated member of the National Joint Powers Alliance (NJPA). The NJPA is a public
municipal contracting agency that provides contracting for over 40,000 members
throughout the nation with competitively awarded purchasing solutions with leading
vendors. NJPA awarded W. W. Grainger, Inc. (Grainger) national contracts for
maintenance, repair, & operating products (MRO); science supplies, equipment, and
accessories; professional consulting services and public safety supplies.
In order to take advantage of the competitive purchasing opportunities from Grainger
through NJPA, the City became a member a few years ago. Membership is available to
government, education, and non-profit agencies located in all 50 states at no cost,
liability, or obligations. The City has substantially saved from NJPA’s competitive
purchasing ranging from office supplies, hardware, filters, and light bulbs to heavy duty
compressors and equipment.
BACKGROUND/DISCUSSION: Staff’s long-term plan is to convert all 1,600 electrical street
lights from the traditional metal halide lamp and ballast system to the more efficient Light
Emitting Diode (LED) technology over the next three years. The conversion plan directly
supports the City’s emphasis on sustainability outlined in the strategic plan by reducing
the overall electrical consumption and greenhouse gas emissions from daily operations.
Compared to metal halide street lighting, LED lights will reduce energy consumption by
60 percent and can last up to three times longer, leading to additional savings on
maintenance costs while maintaining the traditional appearance of the light. Currently,
staff replaces approximately 300 metal halide lamps per year as part of a five year
rotation. Due to the longer life spans of LEDs, re-lamping will increase to an 8 to 10 year
rotation.
As early as 2009, the City began looking into LED street light technology and conducted
several pilot installations using different products in different style street lights within the
City. The pilot projects tested the performance, reliability, weather durability,
product/implementation costs and maintenance of LED lamps. As a result of the LED pilot
project, staff recommends using Neptūn LED self-ballasted retrofit lamps (LED-N148 series)
to convert the existing metal halide street lights to LED. The Neptūn LED retrofit lamps are
compact, durable, have a five year warranty, and most importantly, the self-ballasted
feature allows the lamp to be used with either 120 or 277 volts. The built in self- ballasted
lamp will save a considerable amount of retrofit installation time and money. Other
satisfied Neptun LED lighting customers include the Chicago Transit Authority, Village of
Wilmette, Duke University, University of Wisconsin Marquette, Rosemont and the Village of
Oak Park.
In addition, for the last several years staff has searched for available grant funding
opportunities for street lighting. The only grant opportunities available related to full
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April 21, 2014 City Council Agenda
fixture retrofit or replacement. These findings were consistent with other grant programs
the City has been awarded. Retrofitting by just replacing the lamp does not qualify at this
time, but may change as grant programs relating to LED conversions expand. Staff will
continue searching for grant opportunities.
BUDGET/FISCAL IMPACT: As part of the City’s Capital Improvement Program Budget,
$60,000 dollars has been budgeted for the next five years for LED street light conversion.
As shown in the below chart, the unit price of $97.99 (budgeted $175 ea. / $60,000 = 342
lamps) through the Grainger / NJPA Program will enable the City to purchase 612 units.
Contractor Quote Amount Lamp Quantity Total Amount
W. W. Grainger, Inc. $97.99 Each 612 Units $59,969.88
Below is an estimated summary of Project budget:
FY2014 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
General Fund $60,000 $59,969.88 Y
The Public Works Committee reviewed and approved this item at their April 14, 2014
Public Works Committee Meeting.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive the
competitive bid process and award the purchase of Neptūn LED retrofit lamps to W. W.
Grainger, Inc. in the amount of $59,969.88.
6. Award of contract for Oak Knoll Watermain Replacement Project
STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555)
PURPOSE AND ACTION REQUESTED: Staff requests awarding the contract for the Oak Knoll
Watermain Replacement Project to RA Mancini, Inc. The Public Works Committee
reviewed and approved this item at their April 14, 2014 Public Works Committee meeting.
BACKGROUND/DISCUSSION: The project involves replacing existing aged watermain
located under Oak Knoll Drive. The Oak Knoll Drive watermain project limits are from
Everett Road to Lawrence Avenue. The existing undersized 6” cast iron watermain along
Oak Knoll Drive will be replaced with the City standard 8" PVC watermain.
Each year, as part of Capital Improvement Program budget, staff evaluates the
condition of existing watermain infrastructure in terms of age, capacity, watermain
breaks, and other capital improvement projects scheduled on that street. Based on these
factors staff developed an annual Watermain Replacement Program schedule to
maintain City’s water distribution system at an optimum functional level.
A majority of the Oak Knoll Drive watermain will be installed utilizing a trenchless,
directional drilling technique, thereby creating less excavation and disturbance in the
construction area.
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April 21, 2014 City Council Agenda
The preparation of plans and specifications including performing field surveys and design
were prepared by in-house Engineering staff thereby allocating the design saving costs
to other CIP projects. The Engineering staff will also provide daily inspectional services.
BUDGET/FISCAL IMPACT: Bids for the Oak Knoll Drive Watermain Replacement Project
were received and opened on April 3, 2014. City received a total of three (3) bids.
The following is a summary of the bids received:
BIDDER BID AMOUNT
RA Mancini, Inc. $530,975.00
RJ Underground Inc. $581,208.00
Berger Excavating $761,125.00
Engineer’s Estimate $524,350.00
The low bidder, RA Mancini, Inc. has previously worked in The City of Lake Forest. Most
recently they completed the installation of new watermain along Wilson and West Fork in
2013. The project was completed on time and the work was satisfactory to City staff.
If awarded, the project would commence the beginning of June and be completed by
mid-September. The homeowners residing within the limits of the project were notified in
writing in early spring about this potential project. Upon confirming the start date of the
project, another letter will be sent to the above mentioned residents two weeks prior to
start of construction. The City website, under Construction Updates, will also provide
details on the construction schedule.
Below is an estimated summary of Project budget:
FY2015 Funding Source Account Number Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Water and Sewer Fund 508-0001-440-75-01 $520,000 $545,000 Y
COUNCIL ACTION: Staff recommends awarding the contract for the Oak Knoll Drive
Watermain Replacement Project to RA Mancini, Inc. in the amount of $530,975.00 plus
authorization to expend, if necessary, an additional amount not to exceed 3% of the
contract award for unforeseen change orders that may occur during the administration
of this project for a total contract cost not to exceed $545,000.
7. Award of the Lake Forest portion of the 2014 Joint Sewer Lining Project
contract.
STAFF CONTACT: Robert Ells, Superintendent of Engineering (810-3555)
PURPOSE AND ACTION REQUESTED: Staff requests a one year extension per ARTICLE VII
Section 7.19 of the 2013 Joint Sewer Lining Project with Hoerr Construction for the 2014
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April 21, 2014 City Council Agenda
Joint Sewer Lining Project. The Public Works Committee reviewed and approved this item
at their April 14, 2014 Public Works Committee meeting.
BACKGROUND/DISCUSSION: The City maintains approximately 218 miles of mainline storm
sewer throughout the City. The pipe material that was predominantly used in the past to
construct the sewers was a clay material. The clay pipes are most susceptible to
deterioration from natural elements and root intrusions resulting in broken pipes and
leaking joints. With a deteriorated pipe, the functionality of the pipe to carry the flows is
compromised thereby creating surcharges and/or backups.
This reconstruction technique is done without the expensive and disruptive excavation
process. The process provides for the insertion of a special liner inside the pipe, creating a
new smooth-surfaced, long-lasting pipe within the old sewer.
This project was previously bid under the Municipal Partnering Program (MPP) with
Glencoe, Highland Park, and North Chicago.
BUDGET/FISCAL IMPACT: The 2013 contract unit prices were favorable for The City of Lake
Forest portion of the work and will increase 1.7% for the 2014 contract per the terms of the
2013 contract.
Below is an estimated summary of Project budget:
FY2015 Funding
Source Account Number Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund 311-0050-417-67-25 $100,000 $100,000 Y
All four communities are recommending extending their portion of the contract to Hoerr
Construction at their respective Council/Board meetings in the next few weeks. They
have worked in Lake Forest on previous contracts with satisfactory results.
COUNCIL ACTION: Staff recommends extending the Lake Forest portion of the 2013 Joint
Sewer Lining Project contract for one year for a not-to-exceed amount of $100,000.
8. Award of the Lake Forest portion of the 2014 Joint Concrete Pavement
Patching Project.
STAFF CONTACT: Robert Ells, Superintendent of Engineering (810-3555)
PURPOSE AND ACTION REQUESTED: Staff requests a one year extension per Section 9 of
the General Terms and Conditions of the 2013 Joint Concrete Pavement Patching
contract with D’Land Construction for the 2014 Joint Concrete Pavement Patching
program. The Public Works Committee reviewed and approved this item at its April 14,
2014 Public Works Committee meeting.
BACKGROUND/DISCUSSION: This project entails replacing defective sections of concrete
streets which have deteriorated beyond routine maintenance and repair. The concrete
streets in Lake Forest Heights Subdivision are targeted to be replaced under this year’s
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April 21, 2014 City Council Agenda
program. The concrete streets are Mt. Vernon Ave., Old Colony Road, Estes Ave.,
Breckenridge Ave., Harlan Court and Highland Ave.
This project was previously bid under the Municipal Partnering Program (MPP) with
Glenview and Lake Forest.
BUDGET/FISCAL IMPACT: The 2013 contract unit prices were favorable for The City of Lake
Forest portion of the work and will remain the same for the 2014 contract.
Below is an estimated summary of Project budget:
FY2015 Funding
Source
Account Number Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund 311-0050-417-67-41 $255,000 $227,000 Y
Both communities are recommending extending their portion of the contract to D’Land
Construction at their respective Council/Board meetings in the next few weeks. They
have worked in Lake Forest on previous contracts with satisfactory results.
COUNCIL ACTION: Staff recommends extending the Lake Forest portion of the 2013 Joint
Concrete Pavement Patching Project for one year for a not-to-exceed amount of
$227,000.
9. Award of Lake Forest portion of the 2014 Joint Concrete Sidewalk and Curb
Replacement Program contract
STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555)
PURPOSE AND ACTION REQUESTED: Staff recommends awarding the Lake Forest portion of
the 2014 Joint Concrete Sidewalk and Curb Replacement Program contract to
Schroeder & Schroeder, Inc. The Public Works Committee reviewed and approved this
item at their April 14, 2014 Public Works Committee meeting.
BACKGROUND/DISCUSSION:
The Sidewalk Replacement program is an annual program that replaces hazardous and
deteriorated sections of sidewalk and curb and gutter.
Based on the City Sidewalk Survey and requests for replacement of concrete sidewalk
and curb from residents and businesses, the Engineering staff prioritizes the locations for
replacement based on the severity of their condition on an annual basis.
City Staff have previously briefed the Council on Municipal Partnership Initiative (MPI), a
program that takes advantage of economies of scale for securing low bid prices. This
year, the City joined forces with Highland Park and Lincolnshire for the 2014 Joint Sidewalk
and Curb Replacement Program. For this year’s program, Lake Forest is the lead agency.
BUDGET/FISCAL IMPACT: Bids for the 2014 Joint Concrete Sidewalk and Curb
Replacement Program contract were received and opened on April 3, 2014. A total of
two (2) firms bid the project.
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April 21, 2014 City Council Agenda
The following is a summary of the bids received:
BIDDER TOTAL MPI BID
Schroeder & Schroeder, Inc. $124,057.50
Mondi Construction $139,123.75
The breakdown of the lowest responsible bidder, Schroeder & Schroeder, Inc., specific to
Lake Forest bid items is noted below:
BIDDER LAKE FOREST BID
Schroeder & Schroeder, Inc. $44,767.50
Mondi Construction $50,123.75
Engineer’s Estimate $49,906.25
All three (3) communities are recommending award of their portion of the contract to
Schroeder & Schroeder, Inc. at their respective Council/Board meetings in the next few
weeks. Schroeder & Schroeder, Inc. has worked in Lake Forest on previous contracts with
satisfactory results.
If awarded, work on this project is expected to begin in June and be completed by the
end of August. Upon award of the contract, all three (3) municipalities will meet with the
contractor to get a tentative schedule for each community. The Lake Forest property
owners living near the vicinity of the construction work will be notified in advance of the
start of construction.
Each municipality will be responsible for inspecting their own Concrete Curb and
Sidewalk Replacement program. The City’s Engineering staff will provide oversight
through daily inspections for Lake Forest portion of the contract.
Below is an estimated summary of Project budget:
FY2015 Funding
Source Account Number Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund 311-0050-417-67-12 $50,000 $50,000 Y
COUNCIL ACTION: Staff recommends awarding the Lake Forest share of the 2014 Joint
Concrete Sidewalk and Curb Replacement Program contract to Schroeder & Schroeder,
Inc. for a not-to-exceed amount of $50,000.00.
10. Consideration of Ordinances Approving Recommendations from the
Building Review Board. (First Reading and if Desired by the City Council,
Final Approval)
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April 21, 2014 City Council Agenda
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Building Review Board are presented to the City
Council for consideration as part of the Omnibus Agenda.
95 Washington Road - The Building Review Board recommended approval of a single story
addition to the rear of the house to accommodate an expanded kitchen and first floor living
space and approval of the associated building scale variance. A letter from a neighboring
property owner was submitted in support of the petition. (Board vote: 7-0, approved)
350 Everett Road - The Building Review Board recommended approval of the demolition of the
existing residence and approval of a replacement residence and the associated site and
landscape plan. A letter from a neighboring property owner was submitted stating general
support for the petition and requesting that attention be paid to the drainage and grading
plan to avoid negative impacts to neighboring properties. The Board acknowledged that
approval of a drainage plan will be required prior to the issuance of a building permit. (Board
vote: 7-0, approved)
234 Wisconsin Avenue - The Building Review Board recommended approval of a variance for
signage for a new service and retail business, P. Clifford Miller Landscape Artistry. No public
testimony was presented to the Board. (Board vote: 6-1, approved)
590 N. Western Avenue - The Building Review Board recommended approval of an illuminated
signage for a new business, Courtyard Wines, at this location. No public testimony was
presented to the Board. (Board vote: 6-1, approved)
The Ordinances approving the improvements as recommended by the Building Review Board,
with key exhibits attached, are included in the Council packet beginning on page 67. The
Ordinances and complete exhibits are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Building Review Board’s recommendations.
11. Consideration of Ordinances Approving Recommendations from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Zoning Board of Appeals are presented to the City
Council for consideration as part of the Omnibus Agenda.
255 Maple Court – The Zoning Board of Appeals recommended approval of a variance from
side yard setback requirements to allow modifications to an existing bay window to achieve
13
April 21, 2014 City Council Agenda
functional and aesthetic improvements to the interior and exterior of the house. No public
testimony was presented to the Board. (Board vote: 5 - 0, approved)
1002 Woodbine Place – The Zoning Board of Appeals recommended approval of a variance
from front yard setback requirements to allow a replacement garage and an arbor
breezeway. No public testimony was presented to the Board. (Board vote: 5 - 0, approved)
The Ordinances approving the petitions as recommended by the Zoning Board of Appeals,
including key exhibits, are included in the Council’s packet beginning on page 93. The
Ordinances and complete exhibits are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Zoning Board of Appeals’ recommendations
COUNCIL ACTION: Approve the eleven (11) Omnibus items as presented.
6. ORDINANCES 8:20 p.m.
1. Consideration of an Ordinance approving a Fee for the impoundment of
vehicles used in the commission of DUI-related offenses within The City of
Lake Forest (First Reading)
PRESENTED BY: Chief of Police Jim Held (847-810-3802)
PURPOSE AND ACTION REQUESTED: Staff requests first reading of an Ordinance instituting a
$500 fee for impounding vehicles incident to an arrest for Driving Under the Influence or
Driving While License Suspended or Revoked, where the cause of action is a previous
driving under the influence arrest.
BACKGROUND/DISCUSSION: Illinois state law allows municipalities to enact local
ordinances that charge impound fees when drivers are arrested for a variety offenses
and their vehicles are subsequently impounded. Among these are the offenses of driving
under the influence and driving while license suspended or revoked. Both offenses are
routinely enforced by the Police Department. Both offenses directly affect public safety
within the City and both offenses can be costly to investigate and prosecute. The cost of
prosecuting these offenders, most of whom are non-residents, is borne primarily by the
City.
Several nearby communities, including Bannockburn, Buffalo Grove, Highland Park,
Gurnee and Waukegan, have enacted similar fees in recent years to enable their
communities to recoup some of their costs of making and prosecuting these arrests while
increase the deterrent value of the arrests themselves.
Pursuant to state law, vehicle owners impacted by the fee would have right to an
administrative hearing with an administrative hearing officer to contest the application of
the fee. These hearing would take place at the monthly administrative hearing dates
currently held at City Hall.
14
April 21, 2014 City Council Agenda
This proposed ordinance has been reviewed and approved by the Legal Committee.
BUDGET/FISCAL IMPACT: Using an average of 47 DUI arrests each year over the last four
years as a guide, the fee could reasonably be expected to earn at least $23,500 per
year. All fees collected would be deposited into the City’s alcohol asset forfeiture fund
which may be used to fund DUI-related training and equipment.
COUNCIL ACTION: Grant first reading of the Ordinance (page 107) approving an
impoundment fee for impounding vehicles incident to an arrest for Driving Under the
Influence or Driving While License Suspended or Revoked, where the cause of action is a
previous driving under the influence arrest.
7. NEW BUSINESS 8:25 p.m.
1. Approval of an Intergovernmental Agreement between the Village of
Glenview and the City of Lake Forest for Centralized Dispatching Services
STAFF CONTACT: Robert Kiely, City Manager (810-3675)
PURPOSE AND ACTION REQUESTED: Staff recommends approval of an Intergovernmental
Agreement between the City and the Village of Glenview for the provision of centralized
dispatching services by the Village of Glenview and granting authority to the City
Manager to execute all necessary agreements related to the provision of said services in
substantially the form attached hereto. Agreement can be found beginning on page131.
BACKGROUND/DISCUSSION: In July 2012, the Village of Lake Bluff, City of Lake Forest and
City of Highland Park contracted with Matrix Consulting Group to conduct a feasibility
study of consolidating 9-1-1 public safety dispatch operations. Consolidating emergency
dispatching is a growing trend due to the desire to be more efficient and the costs
associated with rapidly improving technology. Each agency faces future capital
upgrades over the next five years. Consolidating the three agencies should produce
infrastructure savings.
Phase I of the study, which was completed April 2013, focused upon the feasibility of
consolidating 9-1-1 and emergency dispatch services and whether cost savings would
result considering personnel changes as well as infrastructure requirements. The results of
the study indicated cost savings could be accomplished. Each of the communities
involved supported authorizing Phase II of the study which would focus on detailing the
findings in two areas.
• The change in staffing levels and associated costs under different organizational
scenarios.
• The infrastructure requirements necessary to support each scenario.
Phase II of the study was completed in December 2013 and reviewed by the Shared Fire
Services Task Force as well as a group of fire and police chiefs from each community.
After review of the Phase II report, the options considered focused upon the following
scenarios:
15
April 21, 2014 City Council Agenda
Scenario 3
Lake Forest and Lake Bluff would consolidate with Highland Park at its police facility, using
staff employed by Highland Park
Scenario 4a
Lake Forest, Lake Bluff and Highland Park would consolidate with Glenview at Glenview’s
facility, using staff employed by Glenview
Scenario 4b
Lake Forest, Lake Bluff and Highland Park would consolidate with Glenview at the
Highland Park facility, using staff employed by Glenview.
After several meetings, the groups recommended Scenario 4b, consolidating 9-1-1
dispatch services under contract with Glenview, housed at the Highland Park facility,
using staff employed by Glenview.
A meeting of the three City/Village Councils was held December 17, 2013 at 7:00 pm at
the Highland Park Country Club. At this meeting City staff and Matrix Consulting Group
presented the final draft of the consolidation study along with the Task Force
recommendation. Questions from City Council members as well as the public were
answered. The consensus of the elected members present was to propose consolidating
services with Glenview, housed at Highland Park Police headquarters. Each respective
City Council agreed to hold formal meetings in January with a resolution to proceed with
developing a contract for review and approval by each respective City Council. The
option selected afforded each community the ability to have a back-up
communications center in the event that either Highland Park or Glenview was taken out
of service.
On January 21, 2014, the City Council reviewed and approved a Resolution directing
staff to begin contract negotiations for police and fire dispatch services with the Village
of Glenview at the Highland Park facility.
In the weeks that followed, multiple meetings have taken place between the various
municipal staffs to discuss and review necessary implementation items and details
associated with the project as well as employees. The tentative turn-over date would be
September 1, 2014. During those discussions several key items surfaced.
1. Radio Frequency Improvements
The current fire radio systems in all three communities work independently, each on their
own analog radio base station. Lake Forest and Lake Bluff operate on one shared
frequency with several other communities, and Highland Park operates on its own
frequency by itself. Each community has similar coverage issues because of this
configuration. The proposed regional approach would move the three communities onto
one common frequency and add receiver and repeater sites to increase coverage to
the entire region. This regional approach will greatly increase the capabilities of fire
communications.
2. Full Redundancy
The ability to have a back-up center for each respective communications center was
discussed and debated. Redundancy would provide seamless emergency services to
each community served. The impetus for this is the realization that the two
communications centers would be serving a total population in excess of 200,000. In
order to provide service at an optimal level, Glenview staff researched a plan to provide
a fully redundant system. The cost of that system is enumerated in the attached financial
16
April 21, 2014 City Council Agenda
breakdown and is an option supported by staff. It should be noted that Glenview shares
in the cost of this option by supporting 66% of the associated costs.
3.Non-Emergency Call Handling
This item was originally presented as a cost option for each community, but has now
been withdrawn by Glenview. This will now be provided at no cost as long as each
municipality establishes an auto-attendant on the line to reduce the calls required to be
handled by dispatch.
4. Stay Agreements with Current Employees
As negotiations began, it became apparent that current employees would require an
incentive not to seek employment prior to implementing an agreement with Glenview.
Staff prepared a proposal for a stay agreement that would provide employees with
considerations consistent with the City’s Severance Policy if they stayed with the City until
the date of transition to Glenview. This stay agreement will cost the City approximately
$130,000 if all current dispatchers continue their employment with the City until
September, 2014. This cost will be covered by the amount of salaries that would have
otherwise been paid to the City’s telecommunicators from September 1, 2014 through
April 30, 2015.
5. Financial Analysis
As Glenview began to refine the costs for these services, City staff began an assessment
of costs associated with the agreement compared to our current operating and capital
costs to determine the City’s anticipated savings. The initial Matrix report indicated that
the savings to the City would be as much as $1.9 million over a five-year period by
consolidating dispatch services. As the updated cost comparison chart included in the
packet shows, the current projected savings over the five-year period is $1.67 million. The
difference is attributable to three considerations; a) the enhanced radio frequency,
($86,000), b) the redundant center, ($78,800), and, c) the loss of the Rockland Fire
Protection District, ($114,700).
Within the last week, discussions have also included making the term of the agreement
for ten (10) years which savings is reflected in the Ten-Year Cost Comparison.
Additional Improvements
In addition to the cost savings, it should be noted that the City will improve its current
service level in the following ways:
• The City would have a fully redundant dispatch center. Currently, emergency calls
would be transferred to Deerfield. This provides interim emergency service but
lacks the ability to sustain complete operations.
• Staffing will be improved since the City is combining resources to provide service
to three communities instead of just one. Support staffing availability will be
improved because Glenview has a much larger group of employees from which
to draw. Improved staffing in the 9-1-1 Center can potentially improve call
handling and processing times which could improve emergency police and fire
responses to our community.
• A regional approach to emergency services will provide the ability to coordinate
services in a manner that was not possible when operating independently.
• The City will immediately obtain a Next Generation compatible 9-1-1 (NG9-1-1)
geo-diverse phone system. The City’s current phone system is approaching end-
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April 21, 2014 City Council Agenda
of-life for software and hardware and was slated to be replaced in FY2016
provided there is adequate funding in the E-9-1-1 Fund.
• The City’s New World Systems Computer Aided Dispatch (CAD), Records
Management System (RMS) and Mobile will be further upgraded to maximize their
full potential. These upgrades will improve the GIS functionality, a paging
interface for instant notification on specific call types and notification to
specialized response teams, improve fire response deployment plans and data
sharing between all agencies involved.
• The main police frequency will be improved for “simulcasting” which will enhance
transmissions on the north and south end of the network. This can reduce
transmissions on a busy network and increase officer safety.
• A new IP based radio console system will be installed which allows for the
redundancy between the centers and will replace our current system which is
reaching end-of-life and slated for replacement in 2017.
COUNCIL ACTION: Approval of an Intergovernmental Agreement between The City of
Lake Forest and the Village of Glenview regarding the provision of centralized
dispatching services.
2. Consideration of a Request for an Extension of Tentative Plat
Approval for the Spiel Subdivision.
(Approve a motion granting the request.)
PRESENTED BY: CATHERINE CZERNIAK,
DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504)
PURPOSE AND ACTION REQUESTED: The property owners, the Spiels, are requesting a
second 12-month extension of the tentative plat approval previously granted for the
subdivision of their property, the Spiel Subdivision.
BACKGROUND/DISCUSSION: On May 21, 2012, based on a recommendation from the
Plan Commission, the City Council granted tentative plat approval of the Spiel
Subdivision. Tentative plat approval is valid for 12 months. Section 38-17 of the City Code
authorizes the City Council to grant up to two 12-month extensions of tentative plat
approval based on a determination that the property owner has demonstrated “good
cause”.
On April 15, 2003, in response to a request from the Spiels for the first extension, the City
Council granted a 12-month extension of the tentative plat approval. Over the past
year, the Spiels have marketed the property and have continued to pursue completion
of the final engineering plans and final plat of subdivision, and worked through wetlands
issues.
Recently, potential buyers have expressed interest in the site. The Spiels have submitted a
written request for a second 12-month extension as permitted by the Code to give them
the time they need to bring this project to completion. A copy of the written request for
an extension is on page 147of the Council packet. This request is consistent with the
allowances provided in the Code for extensions of tentative plat approval. If the Council
grants the requested extension, a final plat of subdivision and final engineering plans will
18
April 21, 2014 City Council Agenda
need to be submitted to the City for review prior to May 21, 2014. The Code does not
provide for any further extensions of tentative plat approval beyond that date.
A vicinity map and the previously approved tentative plat of subdivision are also
included in the Council packet.
COUNCIL ACTION: Approve a motion granting a second, and final, 12-month extension
of the tentative plat for the Spiel Subdivision.
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
9. ADJOURNMENT
Office of the City Manager April 16, 2014
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.
19
THE CITY OF LAKE FOREST
ORDINANCE NO. 2014-_________
AN ORDINANCE APPROVING A
FEE SCHEDULE FOR THE CITY OF LAKE FOREST
WHEREAS, The City has established various fees and charges as part of its
codes, ordinances, rules, regulations, and policies, which fees and charges are
reviewed from time-to-time; and
WHEREAS, the City Council has reviewed such fees and charges, and
hereby determines that it is necessary to adjust certain existing fees and charges,
and/or to establish formally other fees and charges; and
WHEREAS, the City Council has determined that it is in the best interests
of the City and its residents to adopt 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:
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: Approval of Fee Schedule. The City Council hereby
approves the fee schedule set forth in Exhibit A (“Fee Schedule”). To the extent
any provision of any code, ordinance, regulation, rule, or policy of the City is
20
2
contrary to the Fee Schedule, such provision is hereby deemed amended so that the
Fee Schedule shall control. Any fee or charge not otherwise listed on the Fee
Schedule shall remain unchanged and in full force and effect.
SECTION THREE: Effective Date of Fee Schedule. The fees and
charges set forth on the Fee Schedule shall take effect as of the date noted on the
Fee Schedule.
SECTION FOUR: 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 _________________________, 2014 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2014 _____________________________ Mayor ATTEST: _______________________________ City Clerk
21
3
Exhibit A
Schedule of Fees and Charges
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4/21/14 City Council 1 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
1. Public Works
Water Utility Fees/Charges
Turn Off Water Fee Water 75 n/c
Turn Off Water Fee After Hours Water 100 n/c
Turn On Water Fee Water 75 n/c
Turn On Water Fee After Hours Water 100 n/c
Water Main Taps:Water
1 Inch Water 500 n/c
1-1/2 Inch Water 1,000 n/c
2 Inch Water 1,300 n/c
3,4,6 and 8 inch taps Water 900 n/c
Water Meter Fees:Water
3/4 Inch Water 470 n/c
1 Inch Water 540 n/c
1-1/2 Inch Water 910 n/c
2 Inch Water 1,165 n/c
3 inch Water 2,615 n/c
4 inch Water 3,950 n/c
6 inch Water 6,840 n/c
Plant Investment Fee - SF Water 2,900 n/c
Multi-Family Dwelling - new structure Water 2,652 n/c
Residential pools, sprinkler systems Water 459 n/c
Nonresidential buildings - new structures and additions Water 1.02/sq ft of entire n/c
Water interior area of the building
Institutional buildings - new structure and additions Water .94/sq ft of entire n/c
only if eligible for fed and state tax exempt status Water interior area of the building
General Fees
Sticker for Leaf/Grass Bags General 1.00 per sticker n/c
Sanitation
Special Pickup General $ 40 per cubic yard n/c
White Goods General 65 n/c
White Goods W/CFC General 90 n/c
Refuse collection fee - per month/household General N/A 8 620000
Exhibit A
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4/21/14 City Council 2 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Licenses
Scavengers - collects and disposes of multi-family and 1,500 per company n/c
commercial waste
Scavengers - collects and disposes of residential and 750 per company n/c
commercial roll -offs
Scavengers - collection and cleaning of portable toilets 200 per company n/c
2. Community Development
Water Utility Fees/Charges
Water Service Inspection Fee Water 50 n/c
Home Inspection Fee Water 150 n/c
Home Inspection Fee - Re-Inspection Water 50 n/c
General Fees
Zoning Analysis General 100 n/c
Building & Development Fees:
Service Contracts:
Lake Bluff General Per Agreement
Bannockburn General $5,000 min.n/c
& 50% over that n/c
Plan Review :
Remodeling up to $12,000 General 55 n/c
$12,001 to $48,000 Remodeling General 55 n/c
$48,001 - $120,000 Remodeling General 55 n/c
over $120,000 Remodeling General 55 n/c
Additional fee for plan reviews that require more than 2 hours General $55 per additional hour n/c
New Construction - SFD General 400 n/c
New Construction - 2FD General 230/unit n/c
New Const. - Com. & Multi. Fam.$572+$50/n/c
3 or more units 1,000 Sq. Ft.n/c
Plan Re-Submittal Fee General $ 140 per re-submittal n/c
Alterations to Approved Plans General $ 140 + $55 per hour fee n/c
for reviews
requiring more than 2 hours
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4/21/14 City Council 3 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Building Scale Calculation Fees
Single Family residence - first review General 400 n/c
with completed Building Scale worksheet/detailed plan General 200 n/c
Two-family dwelling General $ 189 per unit n/c
with completed Building Scale worksheet/detailed plan General 120 n/c
Additonal reviews (for revised plans)General 102 n/c
On-site inspection for an existing dwelling General 102 n/c
Office meeting to discuss for building scale calculation General 50 n/c
Building Scale Waiver Request General 100 n/c
Building Review Board Fees
Signs/Awnings/Landscaping/
Lighting/Fences General 75 n/c
Two or more of above General 125 n/c
Storefront Alterations General 100 n/c
New Commercial building, school, hospital or multi-family buil General 700 n/c
per building
Alterations or major additions to commerical buildings, school General 323 n/c
hopitals or multi-family buildings - per building
New multi-building projects - per building General 850 + 175 for more than n/c
4 buildings (per building)
Satellite Dish General 100 n/c
Changes to approved building materials General 60 n/c
Demolition with replacement structure General 2,230 n/c
Demolition partial and replacement addition General 1,310 n/c
Demolition w/o Replacement Struture General 1,310 n/c
Replacement/new single family home/duplex structure General 1,310 n/c
Variance from Building Scale Ordinance General 367 n/c
Revisions to Approved Plans General 225 n/c
Historic Preservation Commission Fees
Demolition (complete) and replacement structure General 2,450 n/c
Demolition (partial) and replacement structure General 1,529 n/c
Removal of less than 50%
New Residence on Vacant Property (building scale fee also)General 1,050 n/c
Additions & Alterations to Existing Residence (building scale fee also)General 500 n/c
Revisions to Approved Plans General 225 n/c
Variance from Building Scale Ordinance General 367 n/c
Rescission of local landmark designation, amendment of
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4/21/14 City Council 4 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
local landmark designation or historic map amendment General 2,500 n/c
Project Fees
Red Tag , per violation, per day General 300 n/c
Stop Work Order General 750 n/c
Street Obstruction - first 30 lineal fee of public right-of-way General 30 n/c
Street Obstruction - for each 20 lineal feet or fraction therof in excess
of 30 feet General 10 n/c
Re-Inspection all permits (failed/no show)General 175 n/c
Additional Inspections General 50 n/c
Off Hour Inspections General
$50 administration fee plus per hour cost of
inspector n/c
Const. Codes Comm. Fees:
Variances from Construction Code General 250 n/c
Administrative Appeals General 150 n/c
Demolition Tax Cap Imp/12,000 n/c
Afford Hsing
Zoning Board of Appeals
Variations from Zoning Codc General 287 n/c
Administrative Appeals General 150 n/c
Special Use Permit - Existing Developments General 655 n/c
Legal Ad Publication (as required)General 50 n/c
Plan Commission
Minor Subdivisions-Tentative Approval 2,3 or 4 lots General 2,184 n/c
payable at time of application
Minor Subdivisions-Final Approval General 250+35/lot plus n/c
engineering and recording fees
Major Subdivisions-Tentative Approval 5 or more lots General $3,822+35 for each n/c
General lot over 5 n/c
Major Subdivisions-Final approval paid prior to recording of pla General $400+35/n/c
General plus $5/lot n/c
General over 10; +n/c
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4/21/14 City Council 5 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
engineering and recording fees
Planned Preservation Subd Special Use Pemit plus minor/major subd fee General 2,500 n/c
Zoning Change General 3,328 n/c
Filing fee for all other developments General 788 n/c
Code Amendment General 3,328 n/c
Extension of Tentative Subdivision Plat Approval General 150 n/c
Administrative Property Line shift General 250 n/c
Legal Ad Publication (as required)General 50 n/c
Permits
Building Permits repair and maintenance under $6,000 General 30 40 33.33%1250
Building Permits - $100,000 or less General 1.5% of total construction n/c
General (50 min)n/c
Building Permits - over $100,000 General 2% of 1st 200k +eliminate
General 1% of next $300k+eliminate
General .5% over $500k eliminate
Building Permits - over $100,000
$100,001 - $200,000 General n/a 2% of total construction
$200,001 - $500,000 General n/a
$4,000 + 1% of total cc in
excess of $200,000
$500,001 and above General n/a
$7,000 + .5% of total cc in
excess of $500,000
Underground storage tank removal General
(single family and duplex)$50 per tank 150 200.00%300
All other properties General $200 per tank 250 25.00%50
Hot work General 25 n/c
Permit Extensions General
$150 adminstration fee plus 20% of the
original n/c
permit fee - 6 month extension
Administrative Approval of a Demolition General 250 500 100.00%500
Driveway Permits:
Residential - new curb cut General $50 per cut n/c
resurface driveway - no change General 25.00 per cut n/c
reconfiguration or change of material General 50 n/c
Commercial General $500 + $50/unit n/c
Multi-Family General $500 + $50/unit n/c
Sign Permits
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4/21/14 City Council 6 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Lights General $10/sq.ft.n/c
No Lights General $5/sq.ft.n/c
Satellite Permit General 100 n/c
Satellite dish General 1.5% of cost, 50 min n/c
Plumbing
Irrigation Systems General 2.00 per head n/c
General $ 60 min n/c
Plumbing - base charge General 60+$5.50/fix.n/c
Recording of Public Right-of-Way agreement General 40 n/c
for sprinkler system
Sanitary Sewer General $50 min + 1.00/ft over 50 ft n/c
Storm Sewer General $50 min + 1.00/ft over 50 ft n/c
Street Opening
Electrical General
$100, plus $1 per unit beyond 100 total
units n/c
Electrical Service General 75 n/c
Electric - motors General $75 + .50 per horsepower n/c
HVAC
Residential - New or replacement
1 or 2 units General 52 n/c
Each additional unit General 45 n/c
Duct work General 52 n/c
Commercial New General $52 per 1,500 n/c
General sq ft of floor area
Commerical - replacement of existing units General same as residential n/c
Sign General 1.5% construction cost n/c
General 50 min n/c
Construction Trailer Permit (Commercial Construction Sites only General $100 per month n/c
Purchase of Parking
Space per Zoning Code General to be set by City Council at the time n/c
of approval based on market costs
Vending Licenses
Health -Restaurant (20 or Less)General 250 n/c
Health - Restaurant (21-99)General 350 n/c
Health - Restaurant (100 + Seats)General 600 n/c
Health - Itinerant Restaurant General 250 n/c
Health - Food Store General 100.00 n/c
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4/21/14 City Council 7 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Health - Limited Food Store (selling candy)General 50.00 n/c
Food Vendor (delivery)General $150/Veh.n/c
Milk Vendor (delivery)General $100/Veh.n/c
Health - Milk Store General 100 n/c
Ice Vending Machine per machine General 110 n/c
Food Vending Machine per machine General 55 n/c
Candy Vending Machine per machine General 55 n/c
Pop/Soft drink Vending Machine per machine General 55 n/c
Milk Vending Machine per machine General 55 n/c
Tobacco vending machine per machine General 50 n/c
Card/Trinket Vending Machine per machine General 55 n/c
Amusement Machine per machine General 110 n/c
HVAC Contractor General 60 n/c
Electrical Contractor General 60 n/c
Juke Box General 25 n/c
Pool Table General 25 n/c
Elevator Inspection Fee General Variable n/c
DVD Vending Machine License General 110 n/c
Tree and Vegetation Removal
Application Review Fee General $30 n/c
Removal of Heritage Tree General $ 40 per tree n/c
Removal of tree 10" DBH or larger within the streetscape preservation General $ 40 per tree n/c
area, the front yard or the corner side yard
Removal of trees or vegetation from a Conservation Easement General $ 35 per 1 1/2 acre site n/c
Removal of trees froma Tree Preservation or No Disturbance area General $ 35 per tree n/c
Removal of trees or shrubs from any ravine or bluff General $ 35 per 1 1/2 acre site n/c
Removal of trees or shrubs from a public right of way General $ 35 per 1 1/2 acre site n/c
or other public property
Removal of Infested Ash Trees General Fees to be waived
Bonds
Permit Renewal - for projects with estimated construction General 13% of permit fee n/c
costs of $200,000 or less refundable upon completion
of project within one year
Permit Renewal - for projects with estimated construction General 17% of permit fee n/c
costs of more than $200,000 refundable upon completion
of project within 18 months
29
4/21/14 City Council 8 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Fire Protection Fees:
Life Safety Plan Review Fee - New Constr/Addition General $ 500 min or .05 s.f.n/c
includes all floors
Life Safety Plan Review Fee - Remodel/Alteration General $ 60 min or .05 sf n/c
includes all areas
Fire Suppression Systems (Plan review and 2 inspections)
Single Family/Duplex Residential
New General $120 or .05 per s.f whichever is greater n/c
Addition/Alteration General $60 or .05 per s.f for scope of work area n/c
whichever is greater
Flush/Pump test General No fee inspection (test)n/c
Commercial/Multi Family
New General $500 or .05 per s.f. whichever is greater n/c
Addition/Alteration General
$250 or .05 s.f. for scope of work area whichever
is greater n/c
Specialized Suppression (FM 200, clean agent)General
$150 per system ( in addition to above fees for
the overall system)n/c
Underground Flush Test General 75 n/c
Fire Pump Test General 175 n/c
Stand pipe riser General 100 n/c
Fire Alarms
Single Family/Duplex Residential General $75 or .05 per s.f. whichever is greater n/c
Commercial/Multi Family - New General $75 or .05 per s.f. whichever is greater n/c
Commercial/Multi Family - Addition/Alteration General $75 or .05 per s.f. whichever is greater n/c
Inspections/Tests
Annual Underground Flush test Water $75 + cost per gallon of water, at current rate as n/c
established by the City Council, based on pipe
size
30
4/21/14 City Council 9 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Annual Fire Pump Test Water
$175 + cost per gallon of water, at current rate
as n/c
established by the City Council, based on pump
size
Other
Hood and Duct Extinguishing System - New General $300 per system n/c
Hood and Duct Extinguishing System - Alteration General $100 per system n/c
Altenative Letter of Credit Review General $100 per review n/c
Conditional Certificate of Occupancy (single family
and duplex)General $200 per unit n/c
Conditional Certificate of Occupancy (multi-family
and commercial)General
$250 or $25 per square foot, whichever is
greater,n/c
to a maximum of $1,500
3. Finance
Water Utility Fees/Charges
Water Sales/1,000 Gallons
Effective with Water Bills mailed on or after May 1, 2014
Lake Forest Residential - to 60,000 Gallons per Quarter Water 5.14 5.14 0.00%0
Lake Forest Residential - over 60,000 Gallons per Quarter Water 5.14 5.40 5.06%59,182
Lake Forest All Other Users Water 5.14 5.30 3.11%36,057
Del Mar Woods Water 7.06 7.30 3.40%0
Other Non resident users Water 7.06 7.30 3.40%0
Sewer Charge/1,000 Gallons (winter usage)Water 1.16 n/c
Customer Charge - Water (Inside)
5/8" to 1.5" meter Water $20/quarter $30/quarter 25.00%250800
2" to 4" meter Water $100/quarter $150/quarter 25.00%57000
6" and above meter Water $500/quarter $750/quarter 25.00%13000
Benefit Access Program Discount - must renew annually Water n/a $(10)/quarter n/a
Customer Charge - Water (Outside)
5/8" to 1.5" meter Water $25/quarter $40/quarter 20.00%60
2" to 4" meter Water $110/quarter $165/quarter 27.27%0
6" and above meter Water $525/quarter $790/quarter 23.81%0
Customer Charge - Sewer
5/8" to 1.5" meter Water $5/quarter n/c
2" to 4" meter Water $20/quarter n/c
31
4/21/14 City Council 10 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
6" and above meter Water $100/quarter n/c
Beach Parking Fee
Beach Parking
Temporary (R)General 85 n/c
Temporary (NR)General 910 n/c
Parking Permits
Resident-Full Year Parking 313 n/c
Resident-Monthly Parking 30/Month n/c
Resident - Unlimited Parking 1,000 n/c
Employer Purchased-Full Yr. Parking 180 n/c
Employer Purchased-Monthly Parking 20/Month n/c
Non-Resident-Full Year Parking 626 700 11.82%666
Non-Resident - Monthly Parking 60/Monthly n/c
An envelope of 10 tokens Parking 25 n/c
Telegraph Road Annual Parking Permit fka quarterly/daily Parking 700 Transition to CBD permit -100.00%-1548
Daily Parking Fee-Telegraph Parking 3 n/c
Daily Parking Fee-All Other Parking 3 n/c
Licenses
Car , purchase on line General 80 Eliminate 54510
Lt. Truck (under 8,000 lbs.) purchase on line General 80 Eliminate 1060
HeavyTruck (8,000+ lbs.) purchase on line General 105 Eliminate 300
Motorcycles, purchase on line General 40 Eliminate 880
Car and Lt Truck General 85 n/c
HeavyTruck (8,000+ lbs.)General 110 n/c
Motorcycles General 45 n/c
Senior Citizen 65 and over General no discount n/c
Transfers General 5 n/c
Penalties General 50%n/c
Dog License General 10 n/c
Cat License General 10 n/c
Auto Dealer License General 50+20/Veh n/c
Disabled vehicle sticker (Benefit Access Program)General 45 n/c
Real Estate Transfer Tax Cap Imp $4.00 per $1,000 n/c
4. Parks and Recreation
32
4/21/14 City Council 11 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Golf Course Fees/Charges:
Seasonal Fees-Resident: effective February 15, 2014
Class A -Adult Single DPG 1,318 1,358 3.03%4480
Class B -Adult Combo DPG 2,286 2,355 3.02%1242
Class C -Limited DPG 979 1,008 2.96%975
Class D -Junior DPG 588 606 3.06%1771
Class F - Senior Citizen DPG 783 807 3.07%493
Limited Plus DPG 834 859 3.00%400
Seasonal Fees (Non-Resident) effective February 15, 2014
Class A -Adult Single DPG 1,794 n/c
Class B -Adult Combo DPG 2,629 n/c
Class C -Limited DPG 1,107 n/c
Class D -Junior DPG 653 n/c
Class F - Senior Citizen DPG 1,095 n/c
Limited Plus DPG 873 n/c
Daily Fees-Resident: effective January 1, 2014
Weekday-9 DPG 28 n/c
Weekday-18 DPG 42 n/c
Senior Citizen 18 (weekday)DPG 36 n/c
Weekend 9 DPG 32 n/c
Weekend -18 DPG 50 n/c
Weekday Twilight DPG 37 n/c
Weekend Twilight DPG 39 n/c
Daily Fees-Non-Resident: effective January 1, 2014
Weekday.-9 DPG 33 n/c
Weekday.-18 DPG 49 n/c
Senior Citizen 18 (weekday)DPG 40 n/c
Weekend 9 DPG 34 n/c
Weekend-18 DPG 54 n/c
League Play DPG 23 n/c
Weekday Twilight DPG 39 n/c
Weekend Twilight DPG 41 n/c
Promotional Rounds (PNI and Others)DPG 42 n/c
33
4/21/14 City Council 12 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Electric Golf Carts: effective January 1, 2014
9 Holes DPG 24 n/c
18 Holes DPG 34 n/c
9 Holes Single Rider DPG 12 n/c
18 Holes Single Rider DPG 19 n/c
Range Balls
Small Bucket DPG 4 n/c
. Large Bucket DPG 6 n/c
Double Bucket DPG 15 n/c
Promotional Cart (PNI and other)DPG 27 n/c
Pull cart - 9 holes DPG 4 n/c
Pull cart - 18 hoes DPG 5 n/c
USGA Handicap Fees - Members DPG 34 n/c
Permanent Tee Time - Weekend DPG 300 n/c
Permanent Tee Time - Holidays DPG 50 n/c
Rental Clubs DPG 20 n/c
Locker - 18 inch DPG 105 n/c
Locker - 12 inch DPG 95 n/c
Park Fees
Park Picnic Permits
0 - 50 People Parks/Rec 50 n/c
51 or more People Parks/Rec 50 n/c
Picnic Tables Parks/Rec 25 per table n/c
Grills Parks/Rec 85 per grill n/c
Boating and Beach Fees - effective February 1, 2014
Watercraft Ramp/Sailboat Permits-Recreation
Watercraft Ramp (R)Parks/Rec 424 435 2.59%737
Watercraft Ramp 2nd boat/ half season Parks/Rec 212 217 2.36%80
Watercraft Ramp (R) (Sen.) Parks/Rec 318 326 2.52%96
Watercraft Ramp (R) (Sen) 2nd boat/ half season Parks/Rec 159 163 2.52%0
Watercraft Ramp (NR) Parks/Rec 2,692 2759 2.49%201
Year round compound storage Resident Parks/Rec 1,882 1929 2.50%517
Year round compound storage Resident senior Parks/Rec 1,234 1447 17.26%1484
34
4/21/14 City Council 13 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Year round compound storage non-resident Parks/Rec 5,666 5807 2.49%0
Seasonal compound storage Resident Parks/Rec 1,273 1305 2.51%96
Seasonal compound storage Resident Senior Parks/Rec 865 979 13.18%342
Seasonal compound storage Non-resident Parks/Rec 4,814 3915 -18.67%0
Year round watercraft rack storage resident Parks/Rec 668 540 -19.16%-1152
Year round watercraft rack storage resident senior Parks/Rec 668 405 -39.37%-1052
Year round watercraft rack storage non-resident Parks/Rec 2,409 1620 -32.75%0
Seasonal watercraft rack storage resident Parks/Rec 410 315 -23.17%-1330
Seasonal watercraft rack storage resident senior Parks/Rec 313 236 -24.60%-77
Seasonal watercraft rack storage non-resident Parks/Rec 2,417 945 -60.90%0
Year round watercraft sand storage resident (new)Parks/Rec 0 668
Year round watercraft sand storage resident senior (new)Parks/Rec 0 501
Year round watercraft sand storage non-resident (new)Parks/Rec 0 2004
Seasonal watercraft sand storage resident (new)Parks/Rec 0 410
Seasonal watercraft sand storage resident senior (new)Parks/Rec 0 308
Seasonal watercraft sand storage non-resident (new)Parks/Rec 0 1230
South Beach Parking Permit (R)Parks/Rec 123 126 2.44%33
South Beach Parking Permit (R) (Sen.)Parks/Rec 92 94 2.17%62
South Beach Parking Permit (NR)Parks/Rec 1,511 1549 2.51%76
South Beach Parking Permit Employee/Retiree Parks/Rec 84 n/c
Extra vehicle decal resident - center isle Parks/Rec 123 126 2.44%93
Extra vehicle decal senior - center isle Parks/Rec 92 94 2.17%10
Extra vehicle decal nonresident - center isle Parks/Rec 1,511 1549 2.51%0
Daily Boat Launch resident Parks/Rec 38 n/c
Daily Boat Launch nonresident Parks/Rec 60 n/c
Winter Sailboat Rack Storage Parks/Rec 101 Eliminate
Resident Guest Daily Parking Pass, limit 5 per season Parks/Rec 10 n/c
Nanny Parking Pass Parks/Rec 85 n/c
Senior Caregiver Parking Pass Parks/Rec 85 n/c
Non resident beach fee, weekends and holidays Parks/Rec 10 n/c
Fitness Center Fees - effective May 1, 2014
Fitness Center Membership Fees
Individual resident rate Parks/Rec 353 362 2.55%2,136
Individual resident rate - 6 months Parks/Rec 243 249 2.47%36
Individual resident rate - 3 months Parks/Rec 181 186 2.76%23
Individual non-resident rate Parks/Rec 423 434 2.60%169
Individual non-resident rate - 6 months Parks/Rec 314 322 2.55%0
Individual non-resident rate - 3 months Parks/Rec 217 222 2.30%0
35
4/21/14 City Council 14 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Couple resident rate Parks/Rec 551 565 2.54%3,747
Couple resident rate - 6 months Parks/Rec 441 452 2.49%11
Couple resident rate - 3 month Parks/Rec 270 277 2.59%7
Couple non-resident rate Parks/Rec 662 679 2.57%166
Couple non-resident rate - 6 months Parks/Rec 553 567 2.53%0
Couple non-resident rate - 3 months Parks/Rec 324 332 2.47%0
Family resident rate Parks/Rec 772 791 2.46%6,774
Family resident rate - 6 months Parks/Rec 662 679 2.57%0
Family resident rate - 3 months Parks/Rec 357 366 2.52%0
Family non-resident rate Parks/Rec 925 948 2.49%46
Family non-resident rate - 6 months Parks/Rec 816 836 2.45%0
Family non-resident rate - 3 months Parks/Rec 430 441 2.56%0
Senior resident rate Parks/Rec 265 272 2.64%516
Senior resident rate - 6 months Parks/Rec 182 187 2.75%19
Senior resident rate - 3 months Parks/Rec 136 139 2.21%0
Senior non-resident rate Parks/Rec 317 325 2.52%25
Senior non-resident rate - 6 months Parks/Rec 235 241 2.55%32
Senior non-resident rate - 3 months Parks/Rec 163 167 2.45%0
Senior couple resident rate Parks/Rec 413 423 2.42%1,037
Senior couple resident rate - 6 months Parks/Rec 331 339 2.42%8
Senior couple resident rate - 3 months Parks/Rec 203 208 2.46%0
Senior couple non-resident rate Parks/Rec 497 509 2.41%60
Senior couple non-resident rate - 6 months Parks/Rec 415 425 2.41%0
Senior couple non-resident rate - 3 months Parks/Rec 243 249 2.47%0
Student resident rate Parks/Rec 269 276 2.60%296
Student non-resident rate Parks/Rec 323 331 2.48%24
Matinee resident rate Parks/Rec 178 182 2.25%383
Matinee non-resident rate Parks/Rec 212 217 2.36%53
All-inclusive - member - effective December 6, 2012 Parks/Rec 279 n/c
All-inclusive - non-member - effective December 6, 2012 Parks/Rec 620 n/c
5. OCM
General Fees & Charges:
Birth certificates (January 1, 2010)General $10 first/$4 additional n/c
Death certificates (January 1, 2013)General $14 first/$6 additional n/c
On-line data entry fee by city staff ( January 1, 2010)General 10 n/c
Passport General 30 n/c
36
4/21/14 City Council 15 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Solicitors Permit General $40 n/c
Solicitors Permit General $30 n/c
Electric Car (New) November 18,2013 General $1 per Hour 500
Special Event Fees
Police Officer hourly rate General $76 80 5.26%
Firefighter/Paramedic hourly rate General $76 80 5.26%
Police and Fire Vehicle General $110 n/c
Public Works hourly rate General $60 63 5.00%
Parks hourly rate Parks/Rec.$60 63 5.00%
Barricades 1 - 10 General $5 n/c
Bleacher keep in park General $40 n/c
Bleacher move to another location General $70 n/c
Litter Barrels 1 - 6 General $135 n/c
Litter Barrels 7 - 12 General $45 n/c
Picnic Tables 1 - 6 General $55 n/c
Picnic Tables 7 - 12 General $150 n/c
Grills General $245 n/c
85 n/c
Licenses
Raffle License General 25 n/c
Tobacco License General 125 n/c
Landscape License (March 1 to Feb 28)General 100 n/c
Penalties - Landscape License Applicants after June 1 General n/a 25
Alcoholic and Beverages:n/c
Class A-1 General 2,700 n/c
Class A-2 General 1,500 n/c
Class A-3 General 275 n/c
Class B-1 General 2,500 n/c
Class C-1 General 2,600 n/c
Class C-2 General 3,000 n/c
Class C-3 General 800 n/c
Class D-1 General 2,500 n/c
Class E-1 General 3,000 n/c
Class F-1 General 100 n/c
37
4/21/14 City Council 16 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Class F-2 General
175 for each 24 hour period or any part
thereof
100 for each 24 hour
period or any part
thereof; $50 not for profit
with proof of 501(c)3
status -2700
Class F-3 General
100 for each 24 hour period or any part
thereof
75 for each 24 hour
period or any part
thereof; $50 not for profit
with proof of 501(c)3
status
(included
above)
Class F-4 General
500 per vendor for the duration of the
duration n/c
of the sporting event n/c
Class F-5 General 1,100 n/c
Class F-6 General 600 n/c
Class G-1 General 200 n/c
Class G-2 General 600 n/c
Class H-1 General 600 n/c
Class H-2 General 1,100 n/c
Class I-1 General None n/c
Annual Renewal General
150 renewal existing or change in
owners or officers n/c
Application Fee General 300 new license n/c
Impact Fees
Library Library see ordinance n/c
Fire and Emergency Services General see ordinance n/c
Park Site PPL see ordinance n/c
Park Development PPL see ordinance n/c
Police General see ordinance n/c
Public Works General see ordinance n/c
School District 67 (information only)pay School see ordinance n/c
High School District 115 (information only)pay School see ordinance n/c
6. Police
General Fees & Charges:
Bank ID Card Fee General 25 n/c
Adult Finger Print Fee
38
4/21/14 City Council 17 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Resident or Employee General 25 n/c
Non-resident General 200 n/c
Licenses
Taxicab General 50 n/c
Taxicab Driver General 50 n/c
Taxi Business License (paid at City Hall)
New General 100 n/c
Renewal General 100 n/c
Fines & Penalties:
Overtime Parking - Lot General $15/25/50 n/c
Improper Parking - Lot General 15/25/50 n/c
Parking in Prohibited Area- Lot General 15/25/50 n/c
Overtime Parking - Other General $15/25/50 n/c
Improper Parking - Other General 15/25/50 n/c
Parking in Prohibited Area- Other General 15/25/50 n/c
Parking at Boat Ramp General 125/150/175 n/c
No Vehicle License General 75/100/125 n/c
No parking east of Sheridan Road General 125/150/175 n/c
No Animal License General 15/25/50 n/c
Dog-At-Large General 40/55/70 n/c
Code Violations General variable n/c
Motor Code Violations General variable n/c
Dog Barking General 15/25/50 n/c
Leaf Burning General 15/25/50 n/c
Handicapped Parking General 250 n/c
Dog Public Nuisance General 100/500/750 n/c
Burglar Alarm Fees General 0/50/100/250 n/c
7. Fire
General Fees & Charges:
Ambulance-Resident ALS transport General 587.40 n/c
Ambulance-Resident ALS2 transport General 703.98 n/c
Ambulance-Resident BLS transport General 524.40 n/c
Ambulance-Non Resident ALS transport General 735.63 n/c
Ambulance- Non Resident ALS2 transport General 903.98 n/c
39
4/21/14 City Council 18 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Ambulance-Non Resident BLS transport General 666.74 n/c
Ambulance - Mileage General 6.05 per mile n/c
8. Engineering
Sewer System Connection Fee
Single Family Dwelling 825 n/c
Two - family Dwelling 825 per unit n/c
Multi-family Dwelling 165 per population equiv n/c
1,650 min
Non-Residential Buildings 165 per population equiv n/c
1,650 min
Institutional buildings with Fed and State tax exempt status 825/connection n/c
Site Grading
Site Grading - New construction 500 n/c
If no grading, request may be submitted for a waiver of the requirement of 100 n/c
grading plan
Resubmittal 125 n/c
Revisions to approved grading plans 125 n/c
Tree fencing inspection fee 125 n/c
Site grading security (financial guarantee - refundable)3,000 per acre of development n/c
Water Shed Development Fee: Revised Fee Schedule
General Fees
Sediment and Erosion Control Only
Single Family Residential Lot (See site grading ordinance)see ordinance
Single Family Residential Lot (within regulatory floodplain)750 n/c
Development (<10 acres)850 n/c
Development ( ≥ 10 acres)1,000 n/c
Minor Development
Without detention 2,000 n/c
With detention or Fee - in - lieu 3,000 n/c
Major Development
With detention or Fee-in-lieu 4,500 n/c
Within regulatory floodplain ( < 10 acres)3,000 n/c
Within regulatory floodplain (≥ 10 acres)4,000 n/c
Wetland Fees
40
4/21/14 City Council 19 of 19
The City of Lake Forest
Effective May 1, 2014 or As Noted PROPOSED
Fees and Charges FY2015
Amount $$
%Projected
Fund FY2014 FEE CHANGE Revenue
Category I Wetland impacts less than or equal to 1 acre 500 + appropriate General fee n/c
Category II Wetland impacts greater than 1 acre and less than 2 acres 750 + appropriate General fee n/c
Category III Wetland impacts greater or equal to 2 acres or impacts a HQAR 1,000 + appropriate General fee n/c
Category IV Wetland impacts involving either restoration, creation 500 (< 1 acre) + applicable Gen fee n/c
or enhancement 1,000 (≥ 1 acre) + applicable Gen fee n/c
Resubmittal fee
1/3 of total Watershed Permit Fee/each
resubmittal n/c
Earth Change Approval 1,000 + applicable Watershed Permit Fee n/c
Securities - financial guarantee refundable 3,000 per acre of development n/c
Variances 2,200 + applicable Watershed Permit Fee n/c
Appeals 550 + applicable Watershed Permit Fee n/c
Flood Plain Analysis and Report 35 n/c
Construction Engineering Standards Manual 35 n/c
9. Senior Resources
Membership Dues
Residents of Lake Forest, Lake Bluff and unincorporated
Lake Forest and Lake Bluff Senior Resources $35 per person n/c
$55 per family n/c
Outside of Lake Forest and Lake Bluff Senior Resources $45 per person n/c
$65 per family n/c
Circuit Breaker participants Lake Forest and Lake Bluff Senior Resources $10 per person n/c
residents only $15 per family n/c
Car and Bus rides Senior Resources $3/fee each direction n/c
$6 round trip n/c
Taxi subsidy- Lake Forest and Lake Bluff residents Senior Resources 16 coupons/month n/c
living within the Lake Forest High School District for a value of $3/each n/c
41
This instrument prepared by
and after recording return to:
Victor P. Filippini, Jr.
Holland & Knight LLP
131 South Dearborn Street, 30th
Floor
Chicago, Illinois 60603
EASEMENT AGREEMENT
THIS AGREEMENT, dated as of this _____ day of ________________, 2014, by and
between THE CITY OF LAKE FOREST, a home rule and special charter Illinois municipal
corporation (“City") and NORTH SHORE SANITARY DISTRICT, an Illinois unit of local
government (“NSSD”):
W I T N E S S T H:
WHEREAS, the City is the legal owner of record of a parcel of real estate located in
Forest Park, in The City of Lake Forest, County of Lake, State of Illinois, which City Property is
legally described in Exhibit A attached hereto (the "Easement Premises"), upon which NSSD
has constructed certain improvements, as depicted in the site plan attached hereto as Exhibit B
(the "Improvements");
WHEREAS, the City and NSSD (collectively, the "Parties") entered into a Lease and
Easement Agreement dated October 1, 1976, which has been amended from time to time (the
"Original Lease") authorizing NSSD to construct the Improvements;
WHEREAS, the NSSD Improvements receive and convey sanitary sewage from the
City’s municipal sanitary sewage system for conveyance to the NSSD’s sanitary sewage
treatment facilities;
Reserved for Recorder’s Office Only
42
2
WHEREAS, under the Original Lease, NSSD was required to pay the City a monthly
rental fee ("Rental Fee"); and
WHEREAS, after the expiration of the Original Lease, NSSD has held over and
continued to use the Easement Premises, and the City continued to collect the Rental Fee; and
WHEREAS, approximately 5 years ago, the City agreed to waive the Rental Fee
because certain Improvements had benefited the City by eliminating surcharges of raw sewage
into Lake Michigan during heavy rain events; and
WHEREAS, the Parties wish to establish a permanent and perpetual easement to allow
NSSD to continue to maintain and operate the Improvements on the Easement Premises; and
WHEREAS, the City is willing to grant NSSD use of the Easement Premises subject to
the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and the mutual
covenants and agreements set forth herein and other good and valuable consideration paid by
NSSD to City, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
mutually agree as follows:
SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and
made a part of this Agreement as if fully set forth.
SECTION TWO: Termination of Original Lease. The Parties hereby terminate the
Original Lease, along with any and all amendments thereto and all rights and obligations
granted thereunder.
SECTION THREE: Waiver of Past Due Rental Fees. In consideration of the prior and
completed construction of certain portions of the Improvements, the City hereby waives all
Rental Fees due or past due from NSSD to the City under the Original Lease, which Rental
Fees total (through May 2014) $113,153.30.
SECTION FOUR: Grant of Easement. The City hereby grants, conveys, and warrants
to the NSSD a permanent and perpetual non-exclusive easement for the operation, inspection,
43
3
maintenance, repair, and replacement of the Improvements upon through, under and across the
Easement Premises.
SECTION FIVE: Use of the Easement Premises. NSSD shall make no additions that
will increase the outside dimensions of an existing structure or enlarge the Improvements
outside of the Improvements current dimensions and shall construct no new structures outside
of the foot print of the Improvements as they now exist on the Easement Premises unless the
City expressly consents to such additions, enlargements, or new constructions in writing. The
City reserves the right to revise the boundaries of the Easement Premises upon abandonment
of any portion of the Improvements. The abandoned underground outfall sewer pipe specifically
identified on Exhibit B shall be kept covered by not less than one foot of sand at all times.
SECTION SIX: Hold Harmless; Insurance. NSSD agrees to protect, hold harmless,
and defend the City against any and all claims, causes of action, suits, damages, or demands
(collectively, "Claims") that arise in any manner out of the use of the Easement Premises by
NSSD or its authorized agents, servants, employees, or contractors except to the extent Claims
result from the acts of the City or its authorized agents, servants, employees, contractors,
invitees or grantees. NSSD is a self-insured unit of local government and will maintain self-
insurance in accordance with such applicable state laws and/or regulations and in amounts
approved in writing by the City; provided that, if, for any reason NSSD ceases to be self-insured,
NSSD will maintain public liability and property damage insurance, in which the City is named
as additional insured, in a company or companies and in amounts approved in writing by the
City, either by separate insurance policies or riders to NSSD's policies.
SECTION SEVEN: Reservation of Rights. The City hereby reserves the right to use
the Easement Premises, and its adjacent property in any manner that will not materially interfere
with the exercise by the NSSD of the rights granted hereunder. The City shall have the right to
grant other non-exclusive easements over, along, upon, or across the Easement Premises;
44
4
provided, however, that any other easements shall be subject to this Agreement and the rights
granted hereby, and provided further that the City shall obtain the written consent of the NSSD,
which consent shall not be unreasonably withheld, conditioned, or delayed. In addition to the
rights otherwise reserved herein, the City specifically reserves the right to use the surface of the
Easement Premises for egress, ingress, parking lot, boat storage, or any other use desired by
the City. Notwithstanding the foregoing, the area identified as "Secured Area" on Exhibit C
hereto shall not be available for general public access, and the parties acknowledge that NSSD
shall have the authority to install appropriate security structures and facilities in accordance with
applicable regulations and codes, and to maintain existing security structures and facilities,
relating to the Secured Area.
SECTION EIGHT: Assignment of Rights. The City agrees that the NSSD may only
assign its rights or delegate its duties under this Agreement, in whole or in part, upon written
consent of City.
SECTION NINE: Enforcement. Either the NSSD or the City shall have the right to
seek to enforce this Agreement in any manner provided in law or in equity.
SECTION TEN: Survival. All representations and warranties contained herein shall
survive the execution of this Agreement and the recordation thereof and shall not be merged.
SECTION ELEVEN: Restoration.
A. In the event that NSSD undertakes any maintenance, repair, replacement, or
authorized installation work within the Easement Premises (herein, "Work"), NSSD shall take all
actions necessary to keep the site of the Work safe and secure for persons using the City
property adjacent to the Easement Premises. Further, upon completion of any Work, NSSD
shall promptly restore the Easement Premises at no expense to the City to a condition that is
comparable to or better than the condition of the Easement Premises prior to the
commencement of the Work.
45
5
B. In the event that NSSD shall discontinue use of, or abandon, the Improvements,
the Easement Premises, or any portion thereof, NSSD shall (i) dismantle and remove the
Improvements and all of its component parts, including without limitation all structures, pipes
and other materials which have been constructed by the NSSD upon or under the Easement
Premises and (ii) restore the Easement Premises to their condition immediately prior to such
removal, all without cost or expense to the City. Upon completion of the restoration, this
Agreement shall terminate with respect to any such portion of the Easement Premises.
[SIGNATURE PAGES TO FOLLOW.]
46
6
IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute same.
THE CITY OF LAKE FOREST
By:_____________________________
Its______________________________
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
I, ________________________, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that ______________________, personally known to me to be the
__________________ of The City of Lake Forest, Illinois, and personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this
day and acknowledged that as __________________ of The City of Lake Forest, s/he signed
and delivered said instrument as his/her free and voluntary act and as the free and voluntary act
of The City of Lake Forest for the uses and purposes therein set forth.
Given under my hand and official seal this ______ day of ___________________, 2014.
____________________________________
Notary Public
My commission expires: ______________________________
(SEAL)
47
7
NORTH SHORE SANITARY DISTRICT
By:_____________________________
Its______________________________
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
I, ________________________, a Notary Public in and for said County, in the
State aforesaid, do hereby certify that ______________________, personally known to me to
be the __________________ of NORTH SHORE SANITARY DISTRICT, and personally known
to me to be the same person whose name is subscribed to the foregoing instrument, appeared
before me this day and acknowledged that as __________________ of NORTH SHORE
SANITARY DISTRICT, s/he signed and delivered said instrument as his/her free and voluntary
act and as the free and voluntary act of NORTH SHORE SANITARY DISTRICT for the uses
and purposes therein set forth.
Given under my hand and official seal this ______ day of ___________________, 2014.
____________________________________
Notary Public
My commission expires: ______________________________
(SEAL)
48
EXHIBIT A
EASEMENT PREMISES
49
9
EXHIBIT B
IMPROVEMENTS
50
10
EXHIBIT C
DEPICTION OF SECURED AREA
51
7KDWSDUWRI)RUHVW3DUNLQ/DNH)RUHVWDFFRUGLQJWRWKHSODWWKHUHRIUHFRUGHGRQ-XO\LQWKHQRUWKòRI
Section 34, Township 44 North, Range 12 East of the 3rd Principal Meridian, The City of Lake Forest, Lake
County, Illinois, described as follows:
Commencing at the northeasterly corner of Lot 190 in said Lake Forest; thence south 58 degrees 52
minutes east 445.00 feet; thence south 23 degrees 55 minutes east 519.70 feet; thence north 73 degrees
20 minutes east 103.20 feet; thence north 16 degrees 40 minutes west 17.35 feet to the point of beginning
of the legal description for the lands to be placed under permanent easement from The City of Lake Forest
to the North Shore Sanitary District of Lake County, Illinois; thence south 16 degrees 40 minutes east
139.30 feet; thence south 73 degrees 15 minutes 10 seconds west 8.47 feet; thence south 16 degrees 44
minutes 50 seconds east 15.00 feet; thence north 73 degrees 15 minutes 10 seconds east 8.45 feet;
thence south 16 degrees 40 minutes 157.75 feet; thence south 70 degrees east 76.45 feet; thence north
16 degrees 40 minutes west 140.27 feet; thence north 73 degrees 20 minutes east 124.88 feet, more or
less, to the water's edge of Lake Michigan in October 1968; thence north 23 degrees 15 minutes 43
seconds west 355.59 feet; thence south 66 degrees 12 minutes west 146.49 feet; thence south 16
degrees 40 minutes east 117.62 feet more or less to the point of beginning.
1
(
103.20'6
(157.75'
6
(
76.4
5
'1
:140.27'
1
(
124.88'1
:238.88
'
6
:
160.0
0'6
(17.35'
6
:
175.19'
6
:
146.4
9'1
:116.71
'6
(117.62'
Scale: NTS
355.59
'1
:
29.13'
30.54'
30.18'
15.57'
20.08'6
(15.00'6
(121.95'
6
:
8.47'
1
(
8.45'EASEMENTLake Forest Pumping Station
Easement Premises
Exhibit A
Odor
Control
Bldg
Underground
Sewage Storage
Basin
Influent
Structure
Pumping
Station
52
1
(
103.20'6
(157.75'
6
(
76.4
5
'1
:140.27'
1
(
124.88'1
:238.88
'
6
:
160.0
0'6
(17.35'
6
:
175.19'
6
:
146.4
9'1
:116.71
'6
(117.62'
Scale: NTS
355.59
'1
:
29.13'
30.54'
30.18'
15.57'
20.08'6
(15.00'6
(121.95'
6
:
8.47'
1
(
8.45'EASEMENTLake Forest Pumping Station
Site Plan
Exhibit B
Odor
Control
Bldg
Underground
Sewage Storage
Basin
Influent
Structure
Pumping
Station
Abandoned
Outfall Pipe
53
1
(
103.20'6
(157.75'
6
(
76.4
5
'1
:140.27'
1
(
124.88'1
:238.88
'
6
:
160.0
0'6
(17.35'
6
:
175.19'
6
:
146.4
9'1
:116.71
'6
(117.62'
Scale: NTS
355.59
'1
:
29.13'
30.54'
30.18'
15.57'
20.08'6
(15.00'6
(121.95'
6
:
8.47'
1
(
8.45'EASEMENTLake Forest Pumping Station
Secured Area
Exhibit C
Odor
Control
Bldg
Underground
Sewage Storage
Basin
Influent
Structure
Pumping
Station
Secured Area
54
THE CITY OF LAKE FOREST RESOLUTION NO. 2014-_____ A RESOLUTION SUPPORTING SEASONAL LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS, EDUCATION AND ENFORCEMENT
WHEREAS, The City of Lake Forest, (the “City”) is a home rule special
charter municipality established and existing in accordance with the Constitution of
the State of Illinois of 1970; and
WHEREAS, the City desires to conserve and protect the municipal water
supply in the interest of public health, safety and welfare; and
WHEREAS, at certain times of the year, the combined effect of cold lake water
temperatures and contributing factors such as algae blooms, reduce the filtering
capacity of the Water Treatment Plant; and
WHEREAS, the reduced filtering capacity of the Water Treatment Plan often
occurs concurrently with times of high water demand resulting from lawn and
landscape irrigation during periods of dry, hot weather; and
WHEREAS, over the past decade on several occasions, these factors together
have made it difficult to meet the demand for water from City residents and have
resulted in low water pressure putting the City’s entire filtered water system at risk due
to the increased potential for bacteria growth inside the water mains under low
pressure conditions and;
WHEREAS, Chapter 44, Section 59 of the City Code and the Administrative
Code, Title 17, Chapter 1, Section 3730.307, Paragraph 8 of the Illinois Department of
Natural Resources’ Rules and Regulations for the Allocation of Water from Lake
Michigan, establish restrictions pertaining to lawn and landscape irrigation during
specific times of the year and under certain conditions; and
WHEREAS, on April 14, 2014, the City’s Public Works Committee unanimously
recommended approval of a Resolution in support of educating residents about water
conservation, the impacts of unregulated irrigation and regulations pertaining to
irrigation and recommended diligent enforcement of Code provisions relating to water
usage and irrigation;
55
WHEREAS, the City Council has determined that it is in the best interest of the
City and the residents to implement an information and educational program
pertaining to lawn and landscape irrigation and diligently enforce the related
regulations;
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 of The City of Lake
Forest.
SECTION TWO: RESIDENT INFORMATION AND EDUCATION. The Director
of Public Works is directed to implement an ongoing program to increase public
awareness of lawn and landscape irrigation restrictions set forth in Section 44-59 of the
City Code and amend as needed in the future to include, but not limited to the
following:
a. Seasonal. Water use for irrigation is subject to restrictions between May 15th
and September 15th each year.
b. Even/Odd Watering Days. Irrigation is not permitted on Mondays. For even
numbered addresses, irrigation is allowed on Tuesdays, Thursdays, and
Saturdays. For odd numbered addresses, irrigation is allowed on
Wednesdays, Fridays, and Sundays. For example, “809 Smith Road” is
allowed to irrigate on Wednesdays, Fridays, and Sundays.
c. Time of Day. Irrigation is not allowed from 10:00 a.m. to 8:00 p.m. on the days
noted in Section 2B of this resolution.
d. Exemption. Newly installed lawns may be irrigated on an unrestricted basis for
a reasonable period of time until the new plantings are established.
e. Emergency Water Shortage. At the discretion of the City Manager, a
temporary ban may be placed on any or all outdoor water use.
f. Violations. Code violations are subject to fines, citations and penalties as
provided for in the City Code. A maximum fine of $750 per violation is
currently authorized by the Code.
56
SECTION THREE: ENFORCEMENT. Staff is directed to diligently enforce the
Code provisions related to lawn and landscape irrigation consistent with Section 1-9 of
the City Code, “General Penalty; Continuing Violations; Collection of Fines, Charges
and Payments” and other applicable enforcement provisions in the Code.
SECTION FOUR: DIRECTION TO STAFF – REVIEW OF CODE
PROVISIONS. Staff is directed to review City Code provisions relating to 1) irrigation
restrictions, 2) enforcement and 3) requirements or limitations on new irrigation
systems and to bring forward amendments for consideration by the City Council as
determined to be necessary to further the purposes of water conservation, assuring an
adequate water supply, and in the interest of public health, safety and welfare.
SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force and
effect upon its passage and approval.
PASSED this 21st day of April, 2014.
AYE
S:
NAY
S:
ABSENT:
APPROVED this 21st day of April, 2014.
________________________________
Mayor
ATTEST:
___________________________________ Deputy City Clerk
57
THE CITY OF LAKE FOREST
ORDINANCE NO. _________
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR
THE FISCAL YEAR BEGINNING MAY 1, 2013
AND ENDING APRIL 30, 2014
WHEREAS, on July 15, 2013, The City of Lake Forest adopted Ordinance
No. 2013-38 entitled the [“Annual Appropriation Ordinance For The Fiscal
Year May 1, 2013 to April 30, 2014”] appropriating funds for the fiscal year
beginning May 1, 2013 and ending April 30, 2014 (“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 Appropriation
Ordinance, or there is revenue available to the City from fund balances available
when the 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:
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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 _________________________, 2014 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2014 _____________________________ Mayor ATTEST: _______________________________ City Clerk
59
3
EXHIBIT A:
Supplemental Appropriation Schedule
Elawa Farm Fund Expense $205,000
60
The City of Lake Forest
CITY COUNCIL
Proceedings of the April 7, 2014 Regular Meeting
7:00 p.m. – Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 7:00 pm, and
Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Novit, Alderman Moore,
Alderman Pandaleon, Alderman Tack, Alderman Reisenberg, Alderman Palmer and Alderman
Adelman.
Absent: None
Also present were: Carina Walters, Assistant City Manager; Vic Filippini, City Attorney; Andrew
Fiske, City Attorney; Catherine Czerniak, Director of Community Development; Susan Banks,
Communications Manager; Michael Thomas, Director of Public Works; Dan Martin,
Superintendent of Public Works; Chuck Myers, Superintendent of Parks, Forestry and Cemetery.
EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c) (1) for discussion of personnel matters.
Adjournment into Executive Session
Alderman Palmer made a motion at 7:05 p.m. to adjourn into executive session for the purpose of
discussing personnel, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen
Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted
“Nay”: None. 8 Yeas, 0 Nays, motion carried.
The City Council Reconvened into open session at 7:48 p.m.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
There were approximately 20 present in the audience.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
A. Resolution of Sympathy for former Chief of Police Charlie Gilbert
Mayor Schoenheider read the resolution of sympathy into the record and Chief of Police James
Held gave the resolution to Mr. Gilbert’s Family.
Alderman Novit made a motion to approve the Resolution, seconded by Alderman Adelman. The
motion carried unanimously by voice vote.
61
Proceedings of the March 17, 2014
Regular City Council Meeting
B. Approval of the Agreement to Establish a Founders Council between The City of
Lake Forest and Lake Forest College
Mayor Schoenheider explained that the Founders Council would be made up of executives in the
community as well as from the within the City and College. He stated that the roles of the
Founders Council and subcommittees would allow the City and the College to do better work by
working together on items such as health and safety, community planning and cooperative
marketing.
Alderman Palmer made a motion to approve the Agreement, seconded by Alderman Moore. The
motion carried unanimously by voice vote.
C. Proclamation for Sunset Foods 77th Anniversary
Mayor Schoenheider read the Proclamation and presented it to Bill Tarpey from Sunset Foods.
Alderman Reisenberg made a motion to approve the Proclamation, seconded by Alderman
Pandaleon. The motion carried unanimously by voice vote.
D. Business Accelerator Update
Susan Kelsey, Economic Coordinator
Economic Coordinator Susan Kelsey gave an overview of what has been happening at the
Business Accelerator over the past 18 months. She reported that 84% of companies that
graduate from an accelerator stay in the communities where they were incubated, 60-80% of
new jobs come from small businesses and that network development creates a hyper-local
ecosystem and that a new member joins every week. She shared the 2014 goals of the
Accelerator and future events that can be found at The City of Lake Forest website.
Mayor Schoenheider thanked Susan Kelsey on behalf of The City of Lake Forest and the City
Council for all her hard work and vision for businesses in the community and for the community
overall.
Ms. Kelsey reminded residents that the Famers Market will open beginning Saturday, June 21.
COMMENTS BY CITY MANAGER
None
COMMENTS BY COUNCIL MEMBERS
None
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
None
ITEMS FOR OMNIBUS VOTE CONSIDERATION
62
Proceedings of the March 17, 2014
Regular City Council Meeting
1. Approval of the March 17, 2014 City Council minutes.
2. Check Register
3. Award of Bid for the Replacement of a ¾-Ton Extended Cab Pick-Up Truck for
the Parks Section Included in the FY2015 Capital Equipment Budget
4. Award of Bid for the Replacement of a ¾-Ton Regular Cab Pick-Up Truck for the
Parks Section Included in the FY2015 Capital Equipment Budget
5. Award of Bid for the Replacement of a Dump Body, Hydraulic System, and Snow
Plow for a Forestry Truck Included in the F.Y. 2015 Capital Equipment Budget
6. Award of Bid for the Replacement of Two Existing Building Maintenance
Vehicles Included in the FY2015 Capital Equipment Budget
7. Award of Bid for the Replacement of a ½-Ton Extended Cab Pick-Up Truck for
the Streets & Sanitation Section Included in the FY2015 Capital Equipment
Budget
8. Award of Contract for Fitness Center Treadmills
9. Approval of FY ‘15 Contract for Emerald Ash Borer Tree and Stump Removals
10. Approval of Contract for Annual Tree Planting for FY ‘15 Budget
11. Approval of Contract for Annual Grounds Maintenance Services in Parks FY ‘15
Budget
12. Approval of Contract for Northcroft and Deerpath Park Tennis Court Resurfacing
& Fence Replacement
13. Award of contract for Lake Forest share of the 2014 Joint Annual Pavement
Patching Contractual Program
14. Award of the Lake Forest share of the joint 2014 Annual Street Resurfacing (ASR)
Program contract
15. Award of bid for the 2014 Lake Forest Water Plant Intake Cleaning Project.
16. Award of Bid for the 2014 Lake Forest Gorton Community Center HVAC
Replacement Project
Alderman Pandaleon asked for clarification on item # 8 as to why the City only received a single
bidder. Fitness Manager, Jason Busdeker explained that the bid was very specific and included
unique features.
63
Proceedings of the March 17, 2014
Regular City Council Meeting
Alderman Novit had a question on item # 13, clarification on source of funds; Director of Public
works, Michael Thomas explained that the sum reflects the $200,000 allocated from the City
Council’s March 10 Budget meeting, which increases the FY 15 total amount to $453,000.
Alderman Pandaleon asked for clarification on vehicle replacement with such low miles and
Director of Public Works, Michael Thomas explained that the exposure to being parked on
limestone, salt and chemicals, multiple users and daily use is taken into consideration. While there
is a ten year replacement schedule, it is not a cycle, and it balances purchases.
COUNCIL ACTION: Approve the sixteen (16) Omnibus items as presented.
Alderman Novit made a motion to approve by Omnibus vote designation items as noted,
seconded by Alderman Adelman. The following voted “Yea”: Aldermen Novit, Waldeck, Moore,
Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0
Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
None
NEW BUSINESS
None
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None
ADJOURNMENT
There being no further business. Alderman Palmer made a motion to adjourn, seconded by
Alderman Reisenberg. Motion carried unanimously by voice vote at 8:20 p.m.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in
the Clerk’s office at City Hall. You can also view it on the website by
visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived
Meetings Videos.
64
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF LAKE FOREST, ILLINOIS
REALLOCATING 2014 VOLUME CAP
TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS
WHEREAS, the City of Lake Forest, Lake County, Illinois the (“City”), is a municipality
and a home rule unit of government duly organized and validly existing under Section 6(a) of
Article VII of the 1970 Constitution and laws of the State of Illinois; and
WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient
volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the
“Code”), is available for the bonds; and
WHEREAS, pursuant to the Code, the City has been allocated volume cap equal to
$100.00 per resident of the City in calendar year 2014, or $1,934,900.00 for the issuance of
such tax exempt private activity bonds; and
WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond
Allocation Act, 30 ILCS 345/1 et seq. (the “Bond Allocation Act), and the Guidelines and
Procedures promulgated thereunder, the City may, prior to May 1, 2014, reallocate to other
home rule units of government the volume cap allocated to the City by the Code for their
issuance of such tax exempt private activity bonds or for subsequent transfer or reallocation;
and
WHEREAS, the City has not used any of its 2014 volume cap and has no present
intention to use the same; and
WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered
Lake County home rule communities the opportunity to participate in a program to combine their
respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the
“Pool”) to facilitate the issuance of tax-exempt private activity bonds to finance, manufacturing
and multi-family housing commercial projects in Lake County, Illinois, for economic development
purposes (“Eligible Projects”); and
WHEREAS, the Village of Buffalo Grove, a home rule unit of government (“Buffalo
Grove”), pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host
the Pool and to reserve its own volume cap, and accept volume cap reallocated to Buffalo
Grove by other home rule units of government, for the issuance of tax-exempt private activity
bonds placed through the Pool to finance Eligible Projects; and
WHEREAS, Buffalo Grove has requested that the City reallocate all of its 2014 volume
cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed
through the Pool to finance Eligible Projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows:
Section 1: Recitals. The foregoing recitals are incorporated in and made a part of this
Resolution by this reference as findings of the City Council.
Section 2: Transfer and Reallocation of 2014 Volume Cap. Pursuant to Section 6 and
Section 6.1 of the Bond Allocation Act and the Guidelines and Procedures
promulgated thereunder, the City irrevocably agrees to, and does hereby,
transfer and reallocate all of its 2014 volume cap to Buffalo Grove to be used for
65
the issuance of tax-exempt private activity bonds placed through the Pool to
finance Eligible Projects as directed by the Advisory Committee created pursuant
to Buffalo Grove Resolution No. 2001-51.
Section 3: Agreement. This Resolution shall constitute the agreement of the City to a
different allocation under Section 146(e)(3) of the Code and the writing required
under Section 6 of the Bond Allocation Act.
Section 4: Warranty. The City covenants and warrants that it has taken no action or issued
bonds that would abrogate, diminish, or impair its ability to fulfill the written
agreement, covenants, and undertakings on its part under this Resolution.
Section 5: Authorization. As required by the Bond Allocation Act and the Guidelines and
Procedures promulgated thereunder, a certified copy of this Resolution shall be
transmitted to the Office of the Governor of the State of Illinois. Any and all
appropriate and proper officers, officials, agents, and employees of the City are
hereby authorized, empowered, and directed to take all necessary and advisable
actions, and to execute all such documents and certificates, as may be
necessary to further the purposes and intent of this Resolution.
Section 6: Maintain Record. The City shall maintain a written record of this Resolution in its
records for so long as the bonds to which the volume cap transferred by this
Resolution is reallocated remain outstanding.
Section 7: Effective Date. This Resolution shall be in full force and effect from and after its
passage and approval as required by law and is enacted by the City pursuant to
its powers under the laws of the State of Illinois and the Illinois Constitution of
1970 and its home rule powers.
PASSED this _____ day of __________________, 2014.
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of _______________, 2014.
____________________________________
Mayor
ATTEST:
__________________________
City Clerk
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2014-___
AN ORDINANCE AMENDING CHAPTER 40 (SUBCHAPTER 1) OF THE CITY CODE,
AS AMENDED, TO ESTABLISH A MOTOR VEHICLE IMPOUNDMENT AND
ADMINISTRATIVE PENALTY FEE AND RELATED ADMINISTRATIVE HEARING
PROCESS
WHEREAS, The City of Lake Forest is a home rule, special charter municipal
corporation; and
WHEREAS, from time to time it is appropriate to review, update and modify the
City Code to respond to current trends and interests of the community; and
WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/1-101 et seq., requires police
departments to impound vehicles involved in incidents related to certain types of moving
violations, including driving under the influence and similar violations, which requires
significant administrative time and attention to enforce; and
WHEREAS, the Illinois Vehicle Code authorizes the City to create an
administrative process to impose a vehicle impoundment and administrative penalty fee,
as well as recoup towing and storage costs related to the impoundment; and
WHEREAS, the City's existing administrative hearing system would allow the
City to adjudicate and administer vehicle impoundment penalty fees through that
system; and
WHEREAS, the Police Department recommends that the City establish a motor
vehicle impoundment and administrative penalty fee to be adjudicated through the City's
existing administrative hearing process; and
WHEREAS, the Mayor and City Council have determined that adopting this
Ordinance and amending the Code to establish a vehicle impoundment and
administrative penalty fee, and related administrative hearing process, as hereinafter
set forth, will be in the best interests of the City and its residents;
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:
SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this
reference as the findings of the City Council and are hereby incorporated into this
Section as if fully set forth.
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SECTION TWO: Amendment to Chapter 40 (Sub-Chapter 1) of the City
Code.
A. Amendment to Chapter 40 (Sub-Chapter 1). Sub-Chapter 1 of Chapter
40, entitled "Rules of the Road," is hereby amended to add a new Article XVII, entitled
"Motor Vehicle Impoundment and Administrative Penalty Fee", which shall hereafter be
and read as follows:
"ARTICLE XVII – MOTOR VEHICLE IMPOUNDMENT AND ADMINISTRATIVE
PENALTY FEE
Sec. 40-1-1700 Definitions
Sec. 40-1-1701 Use of Motor Vehicles for Unlawful Purposes
Sec. 40-1-1702 Impoundment
Sec. 40-1-1703 Notification and Administrative Hearing
Sec. 40-1-1704 Lienholder Requirements
Sec. 40-1-1705 Disposition of Unclaimed Vehicles
1700. DEFINITIONS
A. Administrative Hearing: an administrative hearing conducted by the City
pursuant to the procedures provided in Chapter 53 of this Code, as
modified by this Article XVII.
B. Business Day: any day in which the Office of the City Manager is open to
the public for a minimum of seven hours.
C. Motor vehicle or Vehicle: Every vehicle which is self-propelled, including
but not limited to automobiles, trucks, vans, motorcycles and motor
scooters.
D. Owner of Record: the record titleholder(s) or lessee of the vehicle.
E. Towing Agent: the towing company designated and authorized by the
Chief of Police to tow and store motor vehicles on behalf of the Police
Department.
1701. USE OF MOTOR VEHICLES FOR UNLAWFUL PURPOSES
A. Conduct Prohibited. A motor vehicle used in committing any of the
offenses described in Subsection 40-1-1701B may be subject to
impoundment by the City, and the owner of record of said vehicle, or
agents of that owner, shall be liable to the City for an administrative
penalty fee as prescribed herein, plus any applicable towing and storage
fees which shall be paid to the Towing Agent, prior to the vehicle being
released to the owner.
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B. Impound Offenses and Administrative Penalty Fee. Whenever a police
officer has reason to believe that a motor vehicle has been used in the
commission of any of the below listed offenses, the vehicle may be subject
to impoundment and an administrative penalty fee in the amount of
$500.00, plus payment to the Towing Agent of any applicable towing and
storage fees:
1. Driving while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination thereof, as
provided in the Illinois Compiled Statutes (625 ILCS 5/11-501(a)).
2. Driving while driver’s license, permit or privilege to operate a motor
vehicle is suspended or revoked as provided in the Illinois Compiled
Statues (625 ILCS 5/6-303), as a result of a conviction for 625 ILCS
5/11-501(a) or DUI statutory summary suspension pursuant to 625
ILCS 5/11-501.1; or
3. Any other circumstance which authorizes the impoundment of a
vehicle pursuant to this Code, the Illinois Vehicle Code, 625 ILCS 5/1-
100 et seq., or the Illinois Compiled Statutes.
C. Waiver of Administrative Penalty Fee. The administrative penalty fee shall
be waived by the City upon verifiable proof that the vehicle was stolen at
the time of the impound, and the theft was reported to appropriate police
authorities as evidenced by a police report, within 24 hours after the theft
was discovered or reasonably should have been discovered.
1702. IMPOUNDMENT
A. Tow. Whenever a police officer has reason to believe that a vehicle is
subject to impoundment pursuant to this Chapter, the police officer shall
provide for the towing of the vehicle by the Towing Agent to a storage
facility as approved by the Chief of Police.
B. Notice of Impoundment. At the time the vehicle is impounded, the police
officer shall provide the written notice of impoundment as provided in
Section 40-1-1703A to any person who is found in control of the vehicle at
the time of the alleged violation, if there is such a person. In addition,
written notice shall be provided to the owner of record of the vehicle in
accordance with Section 40-1-1703A.
C. Payment or Bonding of Fees. Any motor vehicle impounded pursuant to
this Chapter shall remain impounded until:
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1. An administrative penalty fee of $500 and all applicable towing
and storage fees are paid to the Towing Agent; or
2. An administrative penalty fee of $500, or a bond (in a form
prepared by or acceptable to the Chief of Police) in the amount of the
administrative penalty fee, is posted with the City pending completion of
an Administrative Hearing, and all applicable towing and storage fees are
paid to the Towing Agent.
D. Vehicle Release. Upon the payment of all fees or posting of a bond for
such fees pursuant to Section 40-1-1702C, the vehicle shall be released
to the Owner of record or any person duly authorized by the owner to
accept possession of the motor vehicle, provided there is no other legal
action or investigation pending that requires continued impoundment of
the vehicle pursuant to applicable law.
E. Monies. All monies posted pursuant to this section shall be in the form of
cash, money order or cashier’s check only, and be held by the City until
the Administrative Hearing Officer issues a decision, or, if there is a
judicial review, until the court issues its decision. Monies collected shall be
placed into the Police Department Alcohol Asset Forfeiture fund.
1703. NOTICE OF IMPOUNDMENT; ADMINISTRATIVE HEARING
A. Notice of Impoundment. Within five (5) business days after a vehicle is
impounded, the City shall notify the owner of the vehicle, by personal
service or by certified mail, of the impoundment and the owner’s right to
request an Administrative Hearing. The notice of impoundment shall be in
the form of the “Notice of Administrative Vehicle Impound” and “Rights
Pursuant to Notice of Administrative Vehicle Impound” prepared by the
Police Department, as amended from time to time, and shall include the
following information:
1. The description of the vehicle, including year, make, model,
registration and vehicle identification number (VIN);
2. The present location of the motor vehicle;
3. The reason(s) for impoundment of the vehicle;
4. The opportunity for the owner to submit a hearing request to
contest the impoundment, and the consequences of the
failure to submit a hearing request; and
5. The opportunity for the owner to reclaim the vehicle, and the
consequences of the failure to reclaim the vehicle.
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B. Service. In addition to personal service on the operator of the vehicle, if
any, at the time of impoundment, the notice of impoundment shall be
served personally or by certified mail to the address of the vehicle owner,
and lienholder, if any, as registered with the Secretary of State. The date
the notice is deposited in the US mail or personally delivered to the
owner's address shall be deemed the date of service.
C. Hearing Requests. The owner of record or lessee may contest the
impoundment by filing a timely written request for an Administrative
Hearing to challenge whether a violation of this Chapter has occurred.
Such request shall be filed no later than ten (10) business days after
service of the notice of impoundment.
D. Hearing Dates. If a hearing is requested, an Administrative Hearing date
shall be assigned that follows the City’s scheduled Administrative Hearing
calendar, which hearing shall be convened no earlier than the next
available Administrative Hearing date and no later than 45 days after the
date of the City’s receipt of the hearing request. .
E. Hearing Location Notification. The vehicle owner or lessee requesting the
hearing, and the lienholder, if any, shall be notified by first class mail of the
date, time and location of the scheduled Administrative Hearing. The
owner or lessee and interested parties shall be given a reasonable
opportunity to be heard at the hearing, and the parties may be
represented by counsel, at their expense. The hearing shall follow the
procedures for Administrative Hearings as described in Chapter 53 of this
Code, provided that where any conflict exists between Chapter 53 of this
Code and the provisions of this Article XVII as to the Administrative
Hearing concerning the impoundment of the vehicle, the provisions of this
Article shall control.
F. Non-Residents. If the owner of record lives outside Lake County, Illinois,
the owner may file a request for a non-appearance hearing as allowed for
under Chapter 53-11 of this Code.
G. Finding for City. If, after the Administrative Hearing, the hearing officer
determines by a preponderance of evidence that the vehicle was used in
connection with prohibited conduct as provided in this Article, the hearing
officer shall enter an order finding the owner of record of the vehicle civilly
liable to the City for the administrative penalty fee and any towing and
storage fees.
H. Debts Owing. A penalty imposed pursuant to this Article shall constitute a
debt due and owing to the City.
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I. Finding for Vehicle Owner. If, after the hearing, the Administrative Hearing
Officer does not determine by a preponderance of evidence that the
vehicle was used in connection with prohibited conduct as provided in this
Chapter, the hearing officer shall enter an order finding for the owner and
for return of the vehicle and any impoundment penalty fee, bond, or towing
and storage fees previously paid.
J. Hearing Request Not Filed. If a request for an Administrative Hearing is
not received by the City within the period provided in Section 40-1-1702C,
the owner shall be deemed to have waived his or her right to a hearing
and the hearing officer will enter a default order in favor of the City in the
amount of the administrative penalty fee.
1704. LIENHOLDER REQUIREMENTS
A lienholder asserting its right to possession of an impounded vehicle
pursuant to its conditional sales agreement with a lessee may obtain
possession of such vehicle by paying the applicable administrative penalty
fee and towing and storage fees. The lienholder must submit a photocopy
of the conditional sales agreement and title certificate, an affidavit stating
that the purchaser is in default of the agreement, and an indemnification
certificate executed by an authorized agent of the lienholder, all on forms
prepared by or acceptable to the Chief of Police.
1705. DISPOSITION OF UNCLAIMED VEHICLES
Any impounded vehicle that is not claimed within thirty-five (35) days after
the Administrative Hearing officer issues a written decision, or for which
the penalty fee and applicable towing and storage fees have not been
paid, or where no bond has been posted, and no judicial review is
pending; said vehicle shall be disposed of in the manner provided by law
for the disposition of abandoned vehicles.
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 , 2014
AYES:
NAYS:
ABSENT:
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ABSTAIN:
Approved this day of , 2014
Mayor
ATTEST:
City Clerk
113
DUI IMPOUND AND
ADMINISTRATIVE
PENALTY FEE
ORDINANCE
A Program Overview
This overview provides discussion on the statutory requirements and proposed
ordinance under consideration by The City of Lake Forest Police Department
necessary for the process of administratively impounding a motor vehicle used in
the commission of a DUI offense and imposing a City administrative penalty fee
on the vehicle’s registered owner.
2014
Deborah Chrobak, M.A.
The City of Lake Forest Police Department
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DUI Impound and Administrative Penalty Fee Ordinance
A Program Overview
BACKGROUND
The City of Lake Forest Police Department is an ardent proponent of keeping our streets
safe for our residents and motoring public. We can proudly point to the most current 2010-2011
State of Illinois crime statistics report comparing similarly sized communities. A review of the
report for all Illinois communities having a population between 15,000 and 25,000 residents
reveals: Lake Forest has the lowest crime rate (689.5 per 100,000) in the entire state1. We
also strive to support the financial goals of the City as outlined in the FY2013-2014 Annual
Budget report, “The real challenge as articulated in the Strategic Plan… is to identify
opportunities to control our costs while striving to not diminish the residents’ quality of life.” One
direct method of continuing to provide superior law enforcement services while maintaining a
commitment to the City’s financial goals is to utilize available statutory remedies. Recently
enacted state laws allow municipalities to impound motor vehicles used to commit specific
criminal offenses, and then recoup a portion of the costs associated with the arrest process in
the form of a City imposed administrative penalty fee.
One of the specified criminal offenses having significant legal, financial and societal impact
is the offense of drunken and impaired driving. According to 2011 Illinois Secretary of State DUI
statistics, the most recent year for which complete information is available;
• 38,704 DUI arrests were recorded by the Secretary of State’s office.
• 85 percent of all drivers arrested for DUI are first offenders.
• 92 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges.
• 323 people were killed in alcohol-related crashes, which was 35 percent of the State’s
918 total crash fatalities.2
As reported by the national Centers for Disease Control and Prevention, first time offenders
are serious offenders. Conservative estimates show DUI offenders have driven drunk at least
80 times before they are arrested.3 An unfortunate point of interest in the CDC’s 2010 report
revealed the Midwest census region (which includes Illinois), had the highest annual rate of
alcohol-impaired driving episodes at 643 per 1,000 population, which was significantly higher
than the rates for all other regions in the United States.4
According to Lake Forest Police Department data from the last four years, of the 188
persons arrested in Lake Forest for DUI, our “statistically typical” DUI arrestee is: white (107),
male (145), 22-35 years old (93), and a non-resident of Lake Forest (154).5 In looking at the
ownership of motor vehicles used to commit these DUI’s; the vast majority of those arrested
either owned or leased the vehicle used. The DUI vehicle impound program we propose does
1 “2010-2011 Crime in Illinois – Annual Uniform Crime Report”. http://www.isp.state.il.us/crime/cii2011.cfm
2 “2013 Illinois DUI Fact Book”. http://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf
3 Centers for Disease Control. “Vital Signs: Alcohol-Impaired Driving Among Adults – United States, 2010.”
4 Ibid – CDC, “Vital Signs”. http://www.cdc.gov/vitalsigns/drinkinganddriving/
5 Appendix A – “Lake Forest Police DUI Arrests: 2010 – 2013”
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not attempt to unfairly target anyone, but does intend to add another deterrent level by squarely
impacting motor vehicle owners’ whose vehicles are used to commit a crime.
Our community is not immune from the tragedies of drunk driving. As recently as October,
2013 we responded to a fatal traffic accident involving an intoxicated motorist at Route 41 and
Westleigh Road.6 In keeping with the ill-fated statistics of nighttime DUI’s resulting in a higher
proportion of crashes and fatalities, this deadly single-car crash took place at 2:36am.7
CURRENT PRACTICES
There are many DUI interdiction methods to combat drunken and impaired driving. Illinois
provides a variety of statutory and regulatory policies to accomplish this; .08 BAC DUI limits,
graduated driver’s licenses, mandatory driver’s license suspensions, court ordered alcohol
education programs, mandatory breath alcohol ignition interlock devices (BAIID) and significant
court fines. In an effort to further curb drunk driving and provide financial relief to law
enforcement agencies tasked with enforcing DUI laws, the Illinois legislature updated and
enacted several specific statutes. These statutes enable any municipality to enact ordinances
allowing for a vehicle to be impounded and a civil administrative penalty fee to be assessed to
the vehicle’s registered owner when it has been used in the commission of specific criminal
offenses, including DUI.
In the last ten years, numerous municipalities across the state have successfully created
vehicle impound and administrative penalty fee ordinances using these statutes. Local Lake
County communities with an impound ordinance include, but are not limited to; Highland Park,
Gurnee, Waukegan, Bannockburn and Buffalo Grove. While each ordinance’s title and the
offenses selected for inclusion in the ordinance differ slightly by community, all include the
offense of DUI. It is our intention to provide an initial impound ordinance for review which
addresses two public safety offenses: DUI and driving with a suspended or revoked license as a
result of a prior DUI. Based on the statutes and offenses selected we are proposing a “DUI
Impound and Administrative Penalty Fee” ordinance for the City of Lake Forest. For brevity and
report purposes our proposed ordinance will be referred to by the shortened title of “DUI
Impound” ordinance.
The proposed DUI impound ordinance and process should not be confused with a seizure of
a vehicle, as also allowed for under state (720 ILCS 5/36-1) and federal code. In general, a
seizure occurs when a court action is initiated to permanently remove possession of a vehicle
from the owner. Lake Forest PD has utilized vehicle seizure laws in the past, including some
involving aggravated DUI cases. When an administrative motor vehicle impound occurs, the
vehicle is towed and a penalty fee is assessed to the vehicle owner, which when paid, allows for
the vehicle’s release back to the owner. If the ordinance is implemented, the majority of
vehicles related to DUI arrests would fall under the administrative impound regulations of the
ordinance, although a DUI vehicle could still be seized if applicable statutory events occur and a
police supervisor deems it appropriate.
6 2013 Lake Forest Police Department, New World Case: 13-11300
7 Appendix B National Highway Traffic Safety Administration, “Fatality Analysis Reporting System - Illinois 2011” -
http://www-fars.nhtsa.dot.gov/States/StatesAlcohol.aspx
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STATUTE LIST
Below are all the applicable state statutes relating to the arrest and impound process, or
used to create our proposed ordinance, or referenced for guidance. In this section they are
short-listed by statute code and description for ease of referral. They are available in their
entirety as a separately attached PDF document (DUI Impound Statutes) if necessary for
review. These statutes provide the framework to create an ordinance allowing local law
enforcement to immediately remove a DUI offender as well as the offending vehicle from the
roadways, and then recover a portion of locally expended monies for the significant time and
personnel costs associated with the investigation, arrest and vehicle impound. They also
provide for a mandated Administrative Hearing process to allow owners to civilly contest the
impoundment of their vehicle.
625 ILCS 5/4-201 etc.
625 ILCS 5/4-203 Removal of motor vehicles or other vehicles; Towing or hauling away.
625 ILCS 5/11-208.3
Sec. 11-208.3. Administrative adjudication of violations of traffic regulations concerning the
standing, parking, or condition of vehicles, automated traffic law violations, and automated
speed enforcement system violations.
625 ILCS 5/11-208.5
Sec. 11-208.5. Prosecution of felony DUI by local authorities prohibited.
625 ILCS 5/11-208.7
Sec. 11-208.7. Administrative fees and procedures for impounding vehicles for specified
violations.
625 ILCS 5/11-500 etc.
Sec. 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof.
720 ILCS 5/36-1 etc.
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used with the knowledge and consent of the
owner….
720 ILCS 5/36.5-5
Sec. 36.5-5. Vehicle impoundment. (Homicide, Prostitution)
735 ILCS 5/3-101 etc.
735 ILCS 5/ Code of Civil Procedure
ADMINISTRATIVE REVIEW
DISCUSSION: Offenses Selected for Impound Ordinance
Statute 625 ILCS 11-208.7 enumerates several offenses which allow for a motor vehicle
to be impounded and a civil administrative penalty fee assessed. The list of offenses has grown
over the years and now includes operating a motor vehicle while committing; DUI, any municipal
specified felony or misdemeanor, violation of the Cannabis Control Act, violation of the Illinois
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Controlled Substances Act, Unlawful Use of a Weapon, driving while driver’s license is
suspended or revoked (not including emissions or parking ticket sanctions), driving with an
expired (over 1 year) driver’s license, operating a vehicle without ever obtaining a driver’s
license, theft, retail theft, having an outstanding warrant for any of the traffic offenses above,
and any offense where a vehicle is allowed to be seized under 720 ILCS 5/36-1.
Below is the exact language from the Illinois Compiled Statutes for the two proposed
offenses relating to the DUI Impound ordinance. (NOTE: Offenses not currently under
consideration were extracted from Section (b) below.)
Statute 625 ILCS 11-208.7:
(a) Any municipality may, consistent with this Section, provide by ordinance procedures
for the release of properly impounded vehicles and for the imposition of a reasonable
administrative fee related to its administrative and processing costs associated with the
investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and
release of the vehicle. The administrative fee imposed by the municipality may be in addition to
any fees charged for the towing and storage of an impounded vehicle. The administrative fee
shall be waived by the municipality upon verifiable proof that the vehicle was stolen at the time
the vehicle was impounded.
(b) Any ordinance establishing procedures for the release of properly impounded
vehicles under this Section may impose fees for the following violations:
(2) driving under the influence of alcohol, another drug or drugs, an intoxicating
compound or compounds, or any combination thereof, in violation of Section 11-501 of
this Code; or
(6) driving while a driver's license, permit, or privilege to operate a motor vehicle
is suspended or revoked pursuant to Section 6-303 of this Code; except that vehicles
shall not be subjected to seizure or impoundment if the suspension is for an unpaid
citation (parking or moving) or due to failure to comply with emission testing;
In discussions with Chief Held and his Command Staff, it was felt that while all the offenses
enumerated by the State could be added to Lake Forest’s proposed impound ordinance, the
initial focus should be on immediate public safety offenses. The two offenses proposed for
implementation specifically are; (1) DUI (625 ILCS 5/11-501(a)) and (2) Driving While Driver’s
License is Suspended/Revoked (625 ILCS 5/6-303), where the cause of action for the
suspension or revocation is a prior DUI conviction or current DUI statutory summary
suspension. Adding the cause of action caveat on the suspended/revoked driver’s license
offense ensures that a public safety function is accomplished and sends a parallel message
about the importance of removing those arrested for drunken/impaired driving from our
roadways. A LEADS generated Secretary of State Driver’s Abstract would be run for each
arrest, allowing for a review of the cause of action for the offense to ensure compliance with the
ordinance.
Creating an ordinance with two linked public safety offenses provides an opportunity to
launch a new initiative and fine tune process improvement to it on a smaller, more manageable
scale. The inclusion of all allowable statute offenses into our proposed ordinance is not
recommended at this time as it would create a significant workload impact on police department
staff and give the potential appearance of a money grab scenario. Extra staff work time to
implement the proposed ordinance involves certified mailings, computer tracking of vehicle
impounds and releases, record keeping, new hearing notices, additional hearing court time,
layers of new document preparation, additional fiscal protocols, and training of sworn and
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civilian staff. The City and Police Department still retain the ability to add other allowable
offenses to the ordinance in the future as deemed appropriate.
DISCUSSION: Administrative Penalty Fee
The statute allows for, “…imposition of a reasonable administrative fee related to the
administrative and processing costs associated with the investigation, arrest, and detention of
the offender, or the removal, impoundment, storage, and release of the vehicle….The fees shall
be uniform for all similarly situated vehicles…” (625 ILCS 5/11-208.7). The statute is silent as
to a specific dollar figure or even range of fee to be collected, just that it be “reasonable”.
Most local municipalities who have created an impound ordinance started out with DUI
offenses, and instituted a $500 administrative penalty fee. The range of administrative penalty
fees in our local area of the five communities previously mentioned goes from $300 to $750 per
impound. (NOTE: The $750 fee is a recent increase from a $500 fee.) Because the statute
directs the penalty fee to be a “reasonable administrative fee” related to work effort expended,
we must look at the work product to determine a reasonableness factor.
A routine DUI arrest process takes about three hours to complete and involves; writing
multiple traffic tickets, completing an arrest narrative and/or crash report, issuing the notice of
service of statutory summary suspension documents, providing Miranda warnings, running a
series of field sobriety tests, bringing the offender back to the station for breathalyzer testing –
after a mandatory 20 minute observation period, preparing vehicle tow paperwork , taking
fingerprints and photos of the offender, computerized entry of the arrest charges and arrestee’s
personal identification information, securing audio and video downloads of the arrest, issuing
Lake County court bond paperwork and more. These are the major actions in a DUI arrest
event, with typically two officers involved in the process. Since by definition these arrestees are
intoxicated or impaired, this often further complicates and lengthens the process of obtaining
coherent, required information. Not only are these officers taken off the street from patrol duties
at the time, but they are also required to appear at ensuing court dates involving overtime costs;
with some cases continuing for several months. The officer’s time on the arrest and subsequent
court costs have long been considered ‘part of the cost of doing business’. Currently, arrest and
overtime costs in the form of salary are primarily borne by the taxpayers of our City, while the
vast majority of DUI arrestees (81%) are non-residents.
DUI ARRESTS: AVERAGED OFFICERS TIME & COSTS
Arrest & Process Time Number of Officers Hourly Rate Total $
3 hours 2 $40 $240
OT Court Time Number of Officers Hourly Rate Total $
3 hours 2 $60 $360
TOTAL
$600
As you can see from the above table, viewing only initial sworn officer time, we realize an
approximate expenditure of $600 per DUI arrest. This does not include any supervisory
assistance, dispatchers’ time, records clerk processing, specialized equipment costs (PBT,
Breathalyzer, LiveScan) or additional court dates. To compensate for a portion of actual
expenditures we are seeking to institute a $500 administrative penalty fee into our impound
ordinance for each of the two offenses. This dollar figure is in line with the intent of the law, is
similar to other local communities and applies an immediate direct financial deterrent.
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DISCUSSION: Administrative Hearings
Any municipality engaging in this ordinance construction must also adhere to the statute
section requiring an Administrative Hearing and adjudication process be in place (625 ILCS11-
208.3), allowing the vehicle owner to contest the ordinance’s application. While many
municipalities have had to create this process, we are fortunate to already have an on-going
Administrative Hearing program.
Based on other communities’ experiences, we anticipate a relatively small overall increase
in the number of Administrative Hearings to be conducted as a result of the proposed DUI
Impound ordinance. Initially when the ordinance is new, there are more hearings as the system
is tested, but in general, these should fall off to about 15% or less of the total number of vehicle
impound cases. Because these ordinances have widespread use, the administrative penalties
are much more commonly understood and expected by the motoring public. Even DUI lawyers
retained for the criminal side of the case have been known to advise their clients to forego
Administrative Hearings and concentrate their time and money on the criminal court case. The
use of in-car video has also helped eliminate the rebuttal that it wasn’t their car that was used in
the offense. Every impound case must be assigned to the Administrative Hearing docket so that
an official determination may be made by the Administrative Hearing Officer and any findings
paperwork completed, regardless of the owner or lienholder declining to appear.
City legal counsel might need to review and possibly update Chapter 53 - Code of
Ordinances – Administrative Hearings, to allow for; adding the new DUI Impound ordinance
offenses to the Administrative Hearing ordinance, change the service of notice for ordinance
violations to include new DUI impound paperwork, add USPS notification protocols for required
vehicle owner and lien holder notices, and correlate any updated statutory requirements as
delineated under 11-208.3 and 11-208.7.
DISCUSSION: City DUI Impound Ordinance / Draft Proposal
The below proposed wording for the City ordinance is a result of a review of other municipal
ordinances, as well as statutory requirements.
DRAFT PROPOSAL
CHAPTER XX – MOTOR VEHICLE IMPOUNDMENT AND ADMINISTRATIVE PENALTY FEE
1. DEFINITIONS
a. Business Day: means any day in which the Office of the City Manager is open to
the public for a minimum of seven hours.
b. Motor vehicle: Every vehicle which is self-propelled, including but not limited to
automobiles, trucks, vans, motorcycles and motor scooters.
c. Owner of Record: Means the record titleholder(s) of the vehicle.
2. USE OF MOTOR VEHICLES FOR UNLAWFUL PURPOSES
a. Conduct Prohibited. A motor vehicle used in committing any of the following
offenses in this section may be subject to impoundment by the City, and the
owner of record of said vehicle, or agents of that owner, shall be liable to the City
for an administrative penalty fee as prescribed herein, plus any applicable towing
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and storage fees which shall be paid to the person, firm, or entity that tows or
stores the impounded vehicle, prior to the vehicle being released to the owner.
b. Impound Offenses and Administrative Penalty Fee. Whenever a police officer
has reason to believe that a motor vehicle has been used in the commission of
any of the below listed offenses, the vehicle may be subject to impoundment and
an administrative penalty fee in the amount of $500.00, plus payment of any
applicable towing and storage fees;
1. Driving while under the influence of alcohol, other drug or drugs, intoxicating
compound or compounds, or any combination thereof, as provided in the
Illinois Compiled Statutes (625 ILCS 5/11-501(a)).
2. Driving while driver’s license, permit or privilege to operate a motor vehicle is
suspended or revoked as provided in the Illinois Compiled Statues (625 ILCS
5/6-303), as a result of a conviction for 625 ILCS 5/11-501(a) or DUI statutory
summary suspension pursuant to 625 ILCS 5/11-501.1.
c. Waiver of Administrative Penalty Fee. The administrative penalty fee shall be
waived by the City upon verifiable proof that the vehicle was stolen at the time of
the impound, and the theft was reported to appropriate police authorities as
evidenced by a police report, within 24 hours after the theft was discovered or
reasonably should have been discovered.
3. IMPOUNDMENT
a. Tow. Whenever a police officer has reason to believe that a vehicle is subject to
impoundment pursuant to this Chapter, the police officer shall provide for the
towing of the vehicle to a facility approved by the Chief of Police.
b. Notice of Service. At the time the vehicle is impounded, the police officer shall
provide a personal notice of service to any person who is found in control of the
vehicle at the time of the alleged violation, if there is such a person, of the fact of
the impoundment and of the vehicle owner’s right to request an Administrative
Hearing to be conducted. The personal notice of service shall be in the form of
the issuance of “Notice of Administrative Vehicle Impound” and “Rights Pursuant
to Notice of Administrative Vehicle Impound” paperwork.
c. Penalty Fee and Bond. Any motor vehicle impounded pursuant to this Chapter
shall remain impounded until:
1 – An administrative penalty fee of $500 is paid to the City, and all applicable
towing and storage fees are paid; or
2 – A bond in the amount of the administrative penalty fee ($500) is posted with
the City, and all applicable towing and storage fees are paid, pending an
Administrative Hearing.
d. Vehicle Release. Upon fulfillment of (c.1) or (c.2), the vehicle shall be released to
the owner of record, providing there is no other legal action or investigation
pending.
e. Monies. All money posted pursuant to this section shall be in the form of cash,
money order or cashier’s check only, and be held by the City until the
Administrative Hearing Officer issues a decision, or, if there is a judicial review,
until the court issues its decision. Monies collected shall be placed into the Police
Department Alcohol Asset Forfeiture fund.
4. NOTIFICATION AND ADMINISTRATIVE HEARING
a. Notice. Within five (5) business days after a vehicle is impounded, the City shall
notify by personal service (3.b) or by certified mail, the registered owner or
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lessee of the vehicle, of the fact of the impound and the vehicle owner’s or
lessee’s right to an Administrative Hearing, using the “Notice of Administrative
Vehicle Impound” and “Rights Pursuant to Notice of Administrative Vehicle
Impound” paperwork.
b. US Mail. If mailed, the notice shall be sent to the interested parties’ address as
registered with the Secretary of State. The date the notice is deposited in the US
mail shall be deemed the date of service.
c. Hearing Requests. The owner of record or lessee must file a written request
within ten (10) business days of the personal service or mailing of notice,
requesting an Administrative Hearing to challenge whether a violation of this
Chapter has occurred. The procedure to request an Administrative Hearing shall
be included on the “Rights Pursuant to Notice of Administrative Impound”
paperwork.
d. Hearing Dates. If a hearing is requested as in (4.c), the Administrative Hearing
date shall follow the City’s scheduled Administrative Hearing calendar, and be
convened no earlier than 15 days and no later than 45 days, from the date of
service of notice.
e. Hearing Location Notification. The vehicle owner or lessee requesting the
hearing, and lienholder, if any, shall be notified by first class mail of the date, time
and location of the scheduled Administrative Hearing. The owner or lessee and
interested parties shall be given a reasonable opportunity to be heard at the
hearing, and the parties may be represented by counsel, at their expense. The
hearing shall follow the provisions for Administrative Hearings as described in
Lake Forest Code – Chapter 53 City Administrative Hearing System.
f. Non-Residents. If the owner of record lives outside Lake County, Illinois, they
may file a request for a non-appearance hearing as allowed for under Lake
Forest Code – Chapter 53 City Administrative Hearing System.
g. Finding for City. If, after the hearing, the Administrative Hearing Officer
determines by a preponderance of evidence that the vehicle was used in
violation of this Chapter, the hearing officer shall enter an order finding the owner
of record of the vehicle civilly liable to the City for the administrative penalty fee.
h. Debts Owing. A penalty imposed pursuant to this Chapter shall constitute a debt
due and owing to the City.
i. Finding for Vehicle Owner. If, after the hearing, the Administrative Hearing Officer
does not determine by a preponderance of evidence that the vehicle was used in
violation of this Chapter, the hearing officer shall enter an order finding for the
owner and for return of the vehicle and any impound bond money posted.
j. Hearing Request Not Filed. If a request for an Administrative Hearing is never
filed, or is filed outside the timeframe as under (4.c), the owner of record will
have been deemed to have waived his or her right to a hearing and the
Administrative Hearing Officer will enter a default order in favor of the City in the
amount of the administrative penalty fee.
5. LIENHOLDER REQUIREMENTS
a. Lienholder Rights and Requirements. A lienholder asserting its right to
possession of an impounded vehicle pursuant to its conditional sales agreement
may obtain possession of such vehicle by paying the applicable administrative
penalty fee and towing and storage fees. They are required to submit a
photocopy of the conditional sales agreement and title certificate, an affidavit
stating that the purchaser is in default of the agreement, and an indemnification
certificate executed by an authorized agent of the lienholder.
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6. DISPOSITION OF UNCLAIMED VEHICLES
a. Unclaimed Vehicles Deemed Abandoned. Any impounded vehicle that is not
claimed within thirty-five (35) days after the Administrative Hearing officer issues
a written decision, or for which the penalty fee and applicable towing and storage
fees have not been paid, or where no bond has been posted, and no judicial
review is pending; said vehicle shall be disposed of in the manner provided by
law for the disposition of abandoned vehicles.
DISCUSSION: Forms
Three new forms were created to assist in implementing the proposed ordinance and
include statutorily required notice. They are also for use by the Police Department to provide
tracking mechanisms for: the vehicle impounded, registered owner information, logging receipt
of penalty fees collected, release of the vehicle, how and where to request an Administrative
Hearing, and the general rights of the owner of the impounded vehicle. These documents are:
• “Notice of Administrative Vehicle Impound” - Appendix C
• “Vehicle Impound Penalty Fee / Bond Sheet” - Appendix D
• “Rights Pursuant to Notice of Administrative Vehicle Impound” – Appendix E
This is not an exhaustive list of new documents that may be needed to proceed with DUI
Impound ordinance implementation, but rather these provide proposed initial documentation
which needs to be reviewed and vetted by City legal counsel.
CONCLUSION/RECOMMENDATION
It is recommended that The City of Lake Forest enact a new ordinance providing for the
impoundment of any vehicle used to commit; (1) DUI (625 ILCS 5/11-501(a)) or (2) Driving
While Driver’s License is Suspended/Revoked (625 ILCS 5/6-303), where the cause of action
for the suspension or revocation is a prior DUI conviction or DUI statutory summary suspension.
These offenses have been deemed by the courts, as well as the court of public opinion, as
serious and potentially fatal events whose numbers can hopefully be reduced through
enforcement, education and economic impact. Having an ordinance backed by state law which
allows us to recoup some of the local costs for non-resident crime, is a logical step in placing
the financial burden where it rightfully belongs. (See Appendix F for a four year look back at
fees which would have been collected had an ordinance been in place.)
Because this proposed ordinance is so highly connected with a public safety initiative, it
is imperative that the administrative penalty fee imposed be inextricably linked to public safety.
Assigning the collected fees to the current police department “Alcohol Asset Forfeiture fund”
assures that the impound fees are used for DUI related equipment and training. Applicable
expenditures and items in this category include; updated PBT’s, passive alcohol sensor
flashlights, newer highly reflective traffic vests, DUI training classes, repair costs for our
breathalyzer machine, and Aftermath Inc. costs for bio-hazardous squad car and holding cell
cleaning.
There are many procedural and policy issues to be worked through to implement the
proposed ordinance. The entire process will require City Attorney review, training of personnel
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on the ordinance, forms and processes, new forms completion, creation of electronic databases
to capture various time sensitive elements in the process, selection of a DUI Impound program
coordinator, and creation of a Memorandum of Understanding with any tow companies selected.
Numerous Illinois municipalities have already sculpted these laws into ordinances, which
have weathered the scrutiny of judicial review. Creation of this new ordinance allows the Lake
Forest Police Department to take another proactive step in providing for our residents’ safety
while also adhering to legally sound economic principles.
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APPENDIX A
LFPD DUI's: 2010 - 2013*
TOTAL RESIDENCY GENDER
YEAR DUI RES NON-RES M F
2010 41 10 31 33 8
2011 52 8 44 41 11
2012 44 9 35 35 9
2013 51 7 44 36 15
TOTALS 188 34 154 145 43
RACE
YEAR W B H A Unk
2010 25 4 10 1 1
2011 26 6 20 0 0
2012 29 4 10 0 1
2013 27 6 16 2 0
TOTALS 107 20 56 3 2
AGE
YEAR 16-21 22-35 36-45 46-55 56+
2010 0 21 9 8 3
2011 3 34 8 5 2
2012 4 16 9 9 6
2013 4 22 9 11 5
TOTALS 11 93 35 33 16
*Jan - Dec Annual Totals
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APPENDIX B
Illinois 2011 Fatal Crashes and Percent Impaired Driving
by Time of Day and Crash Type 7
Number
Alcohol-
impaired
driving
Percent
Alcohol-
impaired
driving %
Number
Alcohol-
impaired
driving
Percent
Alcohol-
impaired
driving %
Number
Alcohol-
impaired
driving
Percent
Alcohol-
impaired
driving %
82 58 71 16 11 66 98 69 70
55 34 62 22 10 43 77 44 57
49 5 10 38 4 10 87 9 10
38 5 12 36 1 4 74 6 8
55 3 6 68 4 6 123 8 6
59 10 17 67 8 13 126 19 15
81 30 38 50 16 32 131 47 35
79 33 41 40 15 37 119 48 40
498 179 36 337 69 21 835 248 30
7 National Highway Traffic Safety Administration - Fatality Analysis Reporting System - Illinois 2011
Time of Day
Crash Type Total Single Vehicle Multiple Vehicle
6 p.m. to 8:59 p.m.
9 p.m. to 11:59 p.m.
TOTAL
Midnight to 2:59 a.m.
3 a.m. to 5:59 a.m.
6 a.m. to 8:59 a.m.
9 a.m. to 11:59 a.m.
Noon to 2:59 p.m.
3 p.m. to 5:59 p.m.
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128
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APPENDIX F
2010 - 2013 UNCOLLECTED FEES*
PAST UNCOLLECTED FEES - Calendar Year
YEAR DUI $300 @ $500 @
2010 41 $12,300 $20,500
2011 52 $15,600 $26,000
2012 44 $13,200 $22,000
2013 51 $15,300 $25,500
TOTALS 188 $56,400 $94,000
*Depicts potential past extrapolated fee totals if ordinance had been in effect.
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DISPATCH SERVICES AGREEMENT BETWEEN
THE VILLAGE OF GLENVIEW AND CITY OF LAKE FOREST
THIS AGREEMENT is made as of , 2014, by and between the
VILLAGE OF GLENVIEW, an Illinois home rule municipal corporation ("Glenview") and the
CITY OF LAKE FOREST ("Lake Forest"), a Special Charter and Illinois home rule municipal
corporation. In consideration of the mutual promises of the parties hereto made each to the
other and other good and valuable consideration, Glenview and Lake Forest hereby agree as
follows:
Section 1. Background.
A. Article VII, Section 10 of the Illinois Constitution of 1970 provides for
intergovernmental cooperation between units of local government such as Glenview and Lake
Forest, including the power to contract or otherwise associate among themselves to obtain or
share services and to exercise, combine, or transfer any power or function in any manner not
prohibited by law or by ordinance and to use their credit, revenues, and other resources to pay
costs related to intergovernmental activities. The Illinois Intergovernmental Cooperation Act, 5
ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or
which may be exercised by a unit of local government may be exercised and enjoyed jointly with
any other unit of local government.
B. Glenview and Lake Forest are units of local government.
C. Glenview operates a full service dispatch center from a facility located at 2500
East Lake Avenue, Glenview, Illinois (the “Glenview Facility”), and will expand its operations to
include a facility located at 1677 Old Deerfield Road, Highland Park, Illinois (the “Highland Park
Facility”) (collectively the “Full Service Dispatch Center”) pursuant to a facility use agreement
to be negotiated in good faith between Glenview and the City of Highland Park (“Facility Use
Agreement”). Lake Forest is seeking to have Dispatch Services performed by Glenview from
the Full Service Dispatch Center on behalf of its police and fire/EMS departments and other
ancillary services (collectively the “Dispatch Services”) as those Dispatch Services are
described in Section 2.A of this Agreement.
D. Glenview anticipates concurrently providing services similar to the Dispatch
Services from the Full Service Dispatch Center to the following additional agencies: the Village
of Lake Bluff, the City of Highland Park and City of Highwood (“Additional Agencies”).
E. Glenview and Lake Forest have determined that it is in the best interests of each
party to this Agreement and the public health, safety and welfare of persons and property within
Glenview and Lake Forest to enter into this Agreement for Glenview to provide Dispatch
Services to Lake Forest.
Section 2. Provision of Dispatch Services by Glenview and Corresponding
Obligations of Lake Forest.
A. Operation of Full Service Dispatch Center and Provision of Dispatch Services by
Glenview. Glenview shall continue to directly operate the Full Service Dispatch Center to
provide Dispatch Services to Lake Forest throughout the Initial Term and any Renewal Term of
this Agreement. Glenview shall begin providing the Dispatch Services to Lake Forest on
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_________, 2014 (the “Commencement Date”). The Dispatch Services provided by Glenview
to Lake Forest shall include without limitation the following
1. Provide 24-hour a day answering of all emergency 9-1-1 and police/fire/EMS
non-emergency calls: maintain updated telephone lists of Lake Forest staff and
employees; implement and utilize call-out procedures for emergencies and non-
emergencies, and forward messages, utilizing reasonable telephone answering
procedures adopted by Glenview and approved by Lake Forest. All calls
(emergency and non-emergency) shall be answered within ten (10) seconds at
least ninety-five percent (95%) of the time and a log of all calls shall be provided
to Lake Forest by Glenview on a quarterly basis or as otherwise reasonably
requested by Lake Forest. Said log shall be made available to Lake Forest
upon request within a reasonable time period of no greater than 7 days.
Recordings of all aspects of each call received for Lake Forest (including the
incoming phone call, internal dispatch center conversations related to the call,
out bound phone calls and any and all radio traffic related to the call) shall be
made available immediately to Lake Forest upon request for such recording by
Lake Forest. Additionally, Glenview shall provide Lake Forest with call
answering performance metrics for Glenview and all other agencies contracting
with Glenview for services similar to the Dispatch Services on an annual basis or
as otherwise requested in writing by Lake Forest, such requests to occur no
more than quarterly;
2. Provide 24-hour a day dispatching for all Lake Forest Police Department, Lake
Forest Fire/EMS Department and Lake Forest Public Works calls for service and
related activities. High Priority Calls including but not limited to active felony, FBI
Type II crimes, fire and rescue emergencies and ambulance calls, and such
other calls as Lake Forest may designate in consultation with Glenview (“High
Priority Calls”) shall be dispatched by Glenview within 60 seconds of receipt of
the High Priority Call whenever possible but in no event less than for 90 percent
of all High Priority Calls received. Glenview shall provide reporting to Lake Forest
demonstrating compliance with this standard no less than monthly;
3. Maintain and operate radio and computer communications with Lake Forest for
all Police Department, Fire/EMS Department, and Lake Forest Public Works
calls, utilizing dispatching procedures adopted and agreed upon by the parties;
4. Use best efforts to maintain the following minimum employee staffing levels to
provide the Dispatch Services:
At the Highland Park Facility, at least two (2) persons shall be available to
provide the Dispatch Services at all times; provided, however, in the event that
temporary staffing difficulties caused by an emergency situation that is beyond
Glenview’s reasonable control prevent such minimum staffing, then Glenview
shall notify the Lake Forest City Manager of any circumstance when such
minimum staffing level will not be met and the expected duration of any such
circumstance. To the extent these minimum staffing levels require the hiring of
any additional employees by Glenview, Glenview agrees to allow any and all
current Lake Forest dispatch employees to undertake any pre-employment
examinations and perform any and all other requirements necessary for those
employees to apply for the anticipated 12 required dispatchers/call taker
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positions. Lake Forest acknowledges that, should Glenview hire any former Lake
Forest employees to provide the Dispatch Services, those employees will
become Glenview employees and Lake Forest will have no ability to make any
personnel-related decisions concerning those employees;
5. Provide and continuously update training to all Glenview employees providing the
Dispatch Services in the operation of Glenview’s New World System for Lake
Forest, as further described in Section 2.B and 2.C of this Agreement, and other
necessary skills including but not limited to Emergency Medical Dispatch
(E.M.D.). Documentation and evidence of such training shall be provided by
Glenview to Lake Forest upon request;
6. Perform supervised transfers of 9-1-1 fire rescue calls to the appropriate
Fire/EMS rescue agency as required by ICC 9-1-1 regulations;
7. Pursuant to informational materials provided by Lake Forest, provide general
information to, and answer questions from, callers related to Lake Forest public
health and safety issues (i.e. boil orders or street closures) and general
information related to Police, Fire/EMS, Public Works and other Lake Forest
services; provided, however, that Glenview will only answer non-emergency calls
from Lake Forest between the hours of 10:00 p.m. and 7:00 a.m., as well as on
weekends and legal holidays. Glenview shall not under any circumstances
accept payment of any fees, fines, or other amounts on behalf of Lake Forest;
8. No more than seven (7) days following the final day of any month, or upon written
request by Lake Forest, provide copies of reports regarding service performance
metrics, call volume, LEADS reports, officer time usage, and any other requested
reports;
9. Provide warning notifications to the Lake Forest community and residents,
including without limitation activating community warning sirens and reverse
notification calls (e.g. Code Red), as requested by Lake Forest and in
accordance with Lake Forest’s policies and procedures and only at the direction
of the Lake Forest Chief of Police or his/her designee; however, Lake Forest
shall be responsible for providing the exact wording of the emergency message
to be delivered, and for all costs associated with the purchase and installation,
maintenance, and/or relocation of any equipment necessary to activate Lake
Forest’s community warning sirens;
10. Maintain a call logging and recording system of all calls and, upon request,
provide copies to Lake Forest of recorded calls to Lake Forest Police, Fire/EMS,
and Public Works Departments;
11. Provide electronic remote control monitoring for the Lake Forest Police
Department security system and other City-controlled facilities as designated by
Lake Forest, including monitoring the entry to the Lake Forest Public Safety
building; provided, however, that Lake Forest shall provide the necessary
equipment and connections at Lake Forest’s cost to enable Glenview to
accomplish this monitoring. This monitoring will include both video and audio,
two-way communications;
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12. Assist Lake Forest in any manner necessary, including cooperating with
representatives and assessors of Police and Fire/EMS performance metrics,
including without limitation the Insurance Service Office (ISO), the Commission
on Accreditation for Law Enforcement Agencies, Inc. ("CALEA"), A.P.C.O., the
Commission on Fire Accreditation International (“CFAI”) and the Illinois Police
Accreditation Coalition (“IPAC”), and taking any other appropriate action, to
ensure that Lake Forest receives full accreditation status through CALEA,
including successful completion of a mock assessment through IPAC. It is
understood, however, that Glenview’s obligations in this regard are related solely
to the telecommunications requirements of such accreditations, and not to any
other aspects of police activities undertaken by Lake Forest, as the case may be.
Any extraordinary compliance measures undertaken by Glenview in furtherance
of this Paragraph 2.A.12 at the request of Lake Forest will be done at Lake
Forest’s expense;
13. Subject to the obligations of Lake Bluff described in Section 2.B herein, operate,
maintain, and manage the Law Enforcement Data System program ("LEADS")
and the National Crime Information Center program ("NCIC"), including without
limitation the following activities:
a. Assist and cooperate with all audits of the LEADS and NCIC program files
and operations.
b. Enter into the LEADS or NCIC system information as requested by Lake
Forest, including without limitation warrants and sex offenders.
c. Maintain and manage hot files;
d. Maintain and manage all LEADS and NCIC files;
e. Remove from the LEADS and NCIC files information and data that is no
longer current; and
f. Update and validate, on a regular basis, LEADS and NCIC data and files,
with information provided by Lake Forest;
14. Maintain and operate mutual aid dispatch services for Lake Forest in accordance
with the emergency response plans and programs established by the Northern
Illinois Police Alarm System ("NIPAS"), the Illinois Law Enforcement Alarm
System ("ILEAS"), the Mutual Aid Box Alarm System (“MABAS”), and the Illinois
Public Works Mutual Aid Network (“IPWMAN”), as well as any other applicable
public safety organizations; provided, however, that Glenview’s obligations in this
regard are limited to monitoring, dispatching, documenting, and updating of
system information, based upon data provided by Lake Forest;
15. Participate in reasonable periodic training exercise programs and scenarios
conducted by Lake Forest, including the provision of dispatch services
employees to participate in the programs and scenarios, provided that adequate
notice is given and staffing limitations permit such participation, and provided
further that Glenview will not be obligated to participate in D.U.I. training details.
Costs associated with the attendance of dispatch service employees (including
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5
supervisory staff) at special assignments or special events will be borne by Lake
Forest;
16. To encourage mutual personnel interactions, Glenview agrees that its dispatch
personnel will accompany Lake Forest Police officers and/or Lake Forest
Firefighters/EMS personnel on “ride-alongs” to become familiar with local
geography and Lake Forest Police and Fire/EMS Department procedures. Such
“ride-alongs” will be conducted on no less than a semi-annual basis, at no
additional charge to Lake Forest. Periodic attendance at Lake Forest Police or
Fire Department meetings and other mutually agreed upon events is encouraged
throughout the term of this Agreement;
17. Cooperate with Lake Forest in the preparation of responses to any subpoenas
and/or Freedom of Information Act requests concerning the Dispatch Services,
including without limitation identifying and providing copies of responsive
documents, provided that Lake Forest will be responsible for completing and
transmitting responses to such FOIA requests; and
18. Cooperate with Lake Forest in the event that any litigation arises out of or is
related to the services provided under this Agreement.
B. Obligations of Lake Forest. Lake Forest agrees to perform the following in order
to enable Glenview to efficiently and properly fulfill its obligations under this Agreement:
1. Provide timely updated telephone lists, call out procedures, and suggested
telephone answering procedures;
2. Provide timely notification of a Lake Forest designee for receiving notice
in the absence of Police Chief and or Fire Chief;
3. Provide informational materials on public safety, civic and utility issues for
dissemination to residents of Lake Forest;
4. Provide proper equipment and connections to enable Glenview to monitor entry
to the Public Safety building and any other City controlled-facilities, and prisoner
checks;
5. Provide reasonable cooperation in assisting Glenview to achieve accreditation as
desired by Glenview;
6. Provide timely reports and other data needed for Glenview to comply with
LEADS requirements and current MABAS box cards;
7. Provide work schedules, on-call schedules, training exercises and reasonable
notification thereof;
8. Enter and manage warrants through New World RMS (defined as New World
Records Management System), or other subsequently-implemented records
management system; and
9. Maintain fire run cards in New World RMS, or other subsequently-implemented
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records management system, with any changes thereto provided to Glenview.
C. Party Obligations Relating to New World System.
1. Glenview will execute with New World an Additional Software License Agreement
and any other required documentation to add the necessary licenses for Lake
Forest to join Glenview’s New World System.
2. The parties acknowledge and mutually agree that Glenview shall be
responsible for all IT costs and services related to maintaining the New World
Computer Aided Dispatch, New World Records Management System, New
World Mobile and Field Reporting Systems, and all other software/hardware
components, New World or otherwise, integrated with the New World
software solution (collectively, the “New World System”) to the extent that
those components are physically located in Glenview. In addition, Glenview
agrees to schedule, perform, and complete, in coordination with Lake Forest,
any and all upgrades to the New World System servers.
3. Lake Forest shall be responsible for all third party software and hardware
prerequisites required for New World System upgrades to be implemented
properly on all Lake Forest hardware, including the mobile clients.
3. The parties mutually agree that either party may elect to add New
World System components, or third party components, to the New World
System. Such new components added by either party shall be at the sole cost
(including, but not limited to, implementation costs, software licenseI
maintenance costs, and any necessary software or hardware components to the
servers that house the New World System) of that same party. The parties may
mutually agree, in writing, to share the cost of such new components. If at a later
date the non-implementing party wishes to utilize a component paid by the
implementing party, then the non-implementing party will agree to reimburse the
implementing party for a portion of the implementing costs as agreed to by the
respective parties. Any individual mobile unit/terminal software license or
maintenance costs shall be the responsibility of the party where the unit is
located.
Section 3. Determination and Payment of Costs by Lake Forest.
A. Quarterly Fee for Dispatch Services. Lake Forest agrees to pay to Glenview a
fee for Dispatch Services in the amounts set forth in the attached Exhibit A ("Quarterly Fee"),
attached hereto and incorporated by reference herein. The parties acknowledge and agree that
the Quarterly Fee includes ongoing expenses to upgrade, improve, and enhance the Dispatch
Services and the equipment and facilities relating thereto. The Quarterly Fee shall be paid to
Glenview each quarter, beginning on the Commencement Date; except that in recognition of the
costs that Glenview must incur in advance of the Commencement Date, Lake Forest shall
deliver $_____ to Glenview by __________2014, which amount shall represent partial
prepayments of (a) the Quarterly Fee payment otherwise due on _______ pursuant to Exhibit A
in the amount of $________, and (b) the Quarterly Fee payment otherwise due on _______ 1,
2014 pursuant to Exhibit A in the amount of $__________. The provisions of the Local
Government Prompt Payment Act (50 ILCS 505/1) shall apply to all payments due hereunder.
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B. Additional Expenses. To the extent that this Agreement provides for Lake Forest
to bear other expenses relating to the Dispatch Services, such other expenses shall be due and
payable 30 days after Glenview delivers an invoice for such expenses to Lake Forest, as the
case may be.
C. Capital Charges. The Fees set forth in Exhibit A reflect certain capital expenses
relating to the transition costs for providing Dispatch Services to Lake Forest. In addition, Lake
Forest shall deliver to Glenview by _____, 2014 an initial payment of such capital expenses in
the amount of $_______. Except as otherwise expressly provided in this Subsection 3.C, Lake
Forest shall not be responsible for any future capital expense by Glenview or any other entity
related to the provision of the Dispatch Services to Lake Forest.
D. New Recipients of Dispatch Services. Glenview may attempt to solicit other
municipalities or fire protection districts to enter into agreements by which Glenview may
provide services similar to the Dispatch Services. Glenview agrees to consult with Lake Forest
prior to executing any agreement for such services. Under any and all circumstances, Glenview
represents and warrants that the standards of performance for the Dispatch Services provided
to Lake Forest shall not diminish in any manner following any extension of similar services by
Glenview to other municipalities or fire protection districts.
E. Participation of Additional Agencies. The parties agree and acknowledge that the
business model underlying the Agreement is based upon the involvement of the Additional
Agencies. In the event that any of the Additional Agencies: (i) does not enter into an
agreement with Glenview for dispatch services; or (ii) terminates any such agreement, then, and
in such event, the parties hereto agree to enter into good-faith negotiations concerning pricing
and operations hereunder.
F. Recapture Fees. If Glenview contracts with, any agency other than Lake Forest
and the Additional Agencies, then and in such event. Glenview shall require such agency to pay
a fee to Glenview for access to the redundancies of the Dispatch Services (the “Recapture
Fee”). In such event, within sixty (60) days of Glenview’s actual receipt of the Recapture
Fee, Glenview agrees to distribute a portion of the Recapture Fee to Lake Forest and the
Additional Agencies in accordance with each entity’s proportionate capital contribution hereto.
Upon agreement of the parties, such distribution can be in the form of a credit towards amounts
owed to Glenview under this Agreement by Lake Forest and the Additional Agencies.
Section 4. Insurance.
A. Coverage Provided. Glenview agrees to provide the following insurance
coverage for the Dispatch Services:
1. Commercial General Liability combined single limit per occurrence for bodily
injury and property damage; and personal and advertising injury on a per
occurrence basis;
2. Business Liability for any equipment used in the provision of the Dispatch
Services under this Agreement;
3. First Party Property; and
4. Workers’ Compensation with statutory limits and Employer’s Liability coverage.
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Such coverage shall be in amounts no less than what Glenview maintains for itself in its normal
course of business and upon the same terms, provisions and conditions of Glenview’s
coverage. Upon Lake Forest’s written request, Glenview shall provide Lake Forest a copy of
the insurance policy(ies) or coverage document(s) which affords the insurance coverage
required in this paragraph.
B. Indemnification.
1. To the fullest extent permitted by law, Glenview does hereby agree to defend,
indemnify and hold Lake Forest, its officials, employees and agents harmless
from and against any and all claims, demands, losses, causes of action or
liabilities of any nature whatsoever, including reasonable attorney’s fees and
expenses, arising out of, in whole or in part, or in connection with or in
consequence of any act or omission on the part of Glenview, its officials,
employees or agents, in the performance of or with relation to any of the work or
services to be performed or furnished by Glenview under this Agreement, except
to the extent caused by the sole negligence of Lake Forest.
2. To the fullest extent permitted by law, Lake Forest does hereby agree to defend,
indemnify and hold Glenview, its officials, employees and agents harmless from
and against any and all claims, demands, losses, causes of action or liabilities of
any nature whatsoever, including reasonable attorney’s fees and expenses,
which may arise out of or in connection with any act or omission on the part of
Lake Forest in the performance of the obligations of Lake Forest under this
Agreement, or any obligation related to the provision of police and/or public
works services by Lake Forest, except to the extent caused by the negligence of
Glenview.
C. Proof of Coverage by Glenview. Glenview agrees to furnish to Lake Forest a
certificate of coverage detailing the self-insurance or commercial insurance as provided by its
insurer. The certificate shall be delivered to Lake Forest within thirty (30) days after the
effective date of this Agreement. Lake Forest shall be added, by original endorsement, as an
additional insured to all liability policies set forth in Section 4.A. Such endorsement shall be
furnished to Lake Forest with the certificate of coverage. The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
insurance coverage required under Section 4.A. shall be primary and not excess to any other
coverage carried by Lake Forest.
D. Termination of Coverage. If Glenview's coverage as provided by its insurer is
terminated for any reason:
1. Glenview shall promptly notify Lake Forest of receipt of any such notice; and
2. Glenview agrees to use its best efforts to provide comparable coverage either
through membership in a joint risk management association or through
commercial insurance carriers. However, the failure of Glenview to secure or
provide such comparable coverage does not relieve it of its duty to defend,
indemnify or hold Lake Forest harmless as required in this Agreement.
E. Coverage by Lake Forest. Lake Forest agrees to maintain commercial general
liability coverage, workers’ compensation and employer’s liability coverage for its operations as
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provided herein. Upon request, Lake Forest will provide proof of this insurance to
Glenview. Any insurance required to be carried by Lake Forest hereunder shall be primary and
not excess to any other coverage carried by Glenview in connection with any act or omission on
the part of Lake Forest in the performance of the obligations of Lake Forest under this
Agreement, or any obligation related to the provision of police, fire/EMT and/or public works
services by Lake Forest.
Section 5. Promotion of Interaction and Communication.
The parties agree that they desire to establish a variety of means to enhance and
promote communication and cooperation between Glenview and Lake Forest. In addition to
those matters otherwise addressed in this Agreement, the parties also wish to establish the
following:
A. Access to Information about Service Delivery. Lake Forest shall have access to
records pertaining to the Dispatch Services provided to them for the purposes of inspection by
any authorized representatives of Lake Forest (during regular business hours, upon reasonable
notice), to the same extent as such records are available for inspection by any authorized
representatives of Glenview.
B. Complaint Procedure. Glenview shall establish a procedure for logging in and
responding to complaints concerning the provision of the Dispatch Services. Glenview agrees
to inform Lake Forest, as the case may be, when specific complaints are brought by their
respective residents or customers, including without limitation the date and time of the call,
complainant's contact information, and a description of the complaint. In addition, Glenview
agrees to inform Lake Forest, as the case may be, of the actions taken by Glenview to resolve
the complaint.
C. Regular Meetings. The parties agree that representatives of each of the parties
shall meet initially to consider the implementation of operational rules and procedures for the
provision of the Dispatch Services pursuant to this Agreement. The parties further agree that
their representatives shall meet on a regular basis, at a minimum of a quarterly basis, to discuss
this Agreement and the Dispatch Services provided pursuant to this Agreement, including
without limitation issues relating to the operation of the Dispatch Services and the complaint
procedures described in Subsection 5.B of this Agreement.
Section 6. Records.
Glenview shall establish and keep a file and record system for all data relative to the
Dispatch Services. The parties shall provide and exchange records in accordance with the
provisions and limitations of the Health Insurance Portability Accountability Act, the provisions of
which shall supersede any conflicting requirement of this Section, and as necessary to respond
to requests pursuant to the Illinois Freedom of Information Act
Section 7. Dispute Resolution.
A. Negotiation. The parties desire to avoid and settle without litigation any future
disputes that may arise between them relative to this Agreement. Accordingly, the parties agree
to engage in good faith negotiations to resolve any such dispute. If any party has a dispute
about a violation, interpretation, or application of a provision of this Agreement, or a dispute
regarding a party's failure to comply with this Agreement, then that party may serve on the other
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party written notice, delivered as provided in Section 10 of this Agreement, setting forth in detail
the dispute, the provisions of this Agreement to which the dispute is related, and all facts and
circumstances pertinent to the dispute. The parties then, within seven (7) days, shall schedule
a date certain for representatives of the parties to meet in a conference to resolve the dispute.
Such conference shall be conducted within thirty (30) days after notice of the dispute has been
delivered as provided herein. If a resolution is not reached within such 30-day period (or such
longer period to which the parties may mutually agree), then either party may pursue remedies
available under this Agreement, including termination.
B. Continuation of Services and Payments. During all negotiation proceedings and
any subsequent proceedings provided for in this Section 7, Glenview and Lake Forest shall
continue to fulfill the terms of this Agreement to the fullest extent possible. Glenview shall
continue to provide Dispatch Services to Lake Forest as provided by this Agreement. Lake
Forest shall continue to make all payments to Glenview for the Dispatch Services as provided
by this Agreement, including all payments about which there may be a dispute.
C. Remedies. Provided that the parties have met their obligations under Section
7.A, the parties shall be entitled to pursue such remedies as may be available in law and equity,
including without limitation an action to secure the performance of the covenants, agreements,
conditions, and obligations contained herein. The parties agree that any such action must be
brought in the Circuit Court of Cook County, Illinois. The requirements of Section 7.A shall be
waived in the event of either significant risk of irreparable harm or significant jeopardy to public
health and safety.
Section 8. Term; Termination.
A. Term. The term of this Agreement shall be for seven (7) years following the
Commencement Date, terminating on _____________, 2021 (“Initial Term”). No less than one
hundred eighty (180) days before the expiration of the Initial Term, the parties agree to
negotiate in good faith on the issue of pricing for any renewal term (“Renewal Term”), provided
that any increase in the amount of the Quarterly Fee for such Renewal Term shall not exceed
three percent After the expiration of any Renewal Term, the parties may agree to renew or
extend such term upon such terms and conditions as are mutually agreeable.
B. Termination. This Agreement may be terminated pursuant to one of the following
procedures:
1. By written notice of no fewer than 365 days after termination is duly authorized
by the appropriate legislative action of one of the parties;
2. By written amendment to this Agreement duly authorized by the appropriate
legislative action of Glenview and Lake Forest; or
3. In the event of a material default under this Agreement, and provided that the
parties have failed to resolve matters pursuant to the provisions of Section 7, the
non-defaulting party may notify a defaulting party in writing setting forth the
nature of the default and the requested remedy of such default. The defaulting
party shall thereafter have 10 days to correct the default prior to the non-
defaulting party’s terminating this Agreement; provided that said 10-day period
shall be extended, for a reasonable time not exceeding 90 days, if said default
cannot reasonably be cured within said 10-day period. If a defaulting party fails
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to cure the default within the cure period provided in this Section, the non-
defaulting party shall have the right to terminate this Agreement by written notice
of termination to the defaulting party, which termination will be effective
immediately (or by such other date, not beyond the term of this Agreement, as
the non-defaulting party may determine). A party that terminates this Agreement
pursuant to this Section 8.B.3 shall retain its rights to pursue any and all other
remedies that may be available, either in law or in equity under this Agreement.
4. The Parties acknowledge and agree that the permanent unavailability of either
the New World System or the Highland Park Facility for the performance of the
Dispatch Services will automatically constitute a default of this Agreement by
Glenview. If Glenview learns or reasonably believes that either the New World
System or the Highland Park Facility will become permanently unavailable for
any reason, Glenview must immediately notify Lake Forest and cure the default.
If such default is not cured within 90 days, as determined by Lake Forest in is
sole discretion, Lake Forest may terminate this Agreement at any time
thereafter.
Section 9. Effective Date. This Agreement shall be effective as of the date it is
signed by both parties, and Glenview will begin providing the Dispatch Services on the
Commencement Date.
Section 10. General Provisions.
A. Notice. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight
courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid, or (iv) by facsimile. Facsimile notices shall be deemed valid upon confirmed
transmission followed by notice in the manner described in either (i), (ii), or (iii) above within
three business days thereafter at the appropriate address set forth below. Unless otherwise
provided in this Agreement, notices shall be deemed received after the first to occur of (a) the
date of actual receipt; or (b) the date that is one (1) business day after deposit with an overnight
courier as evidenced by a receipt of deposit; or (b) the date that is three (3) business days after
deposit in the U.S. mail, as evidenced by a return receipt or the date of confirmed fax
transmission. By notice complying with the requirements of this Section 10.A, each party to this
Agreement shall have the right to change the address or the addressee, or both, for all future
notices and communications to them, but no notice of a change of addressee or address shall
be effective until actually received.
Notices and communications to Glenview shall be addressed to, and delivered at, the
following address:
Village of Glenview
1225 Waukegan Road
Glenview, Illinois 60025
Fax: 847/724-1518
Attention: Village Manager
with a copy to: Eric G. Patt
Robbins, Salomon & Patt, Ltd.
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2222 Chestnut Avenue, Suite 101
Glenview, IL 60026
Fax: 847/729-7390
Notices and communications to Lake Forest shall be addressed to, and delivered at, the
following address:
City of Lake Forest
220 E. Deerpath
Lake Forest, Illinois 60045
Fax: (847) 615-4289
Attention: City Manager
with a copy to: Victor Filippini
Holland & Knight LLP
131 S. Dearborn Street, 30th Floor
Chicago, Illinois 60603
Fax: (312) 578-6666
B. Time of the Essence. Time is of the essence in the performance of this
Agreement.
C. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies, and benefits provided by this Agreement shall be
cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law.
D. Non-Waiver. No party shall be under any obligation to exercise any of the rights
granted to it in this Agreement. The failure of any party to exercise at any time any right granted
to such party shall not be deemed or construed to be a waiver of that right, nor shall the failure
void or affect the party's right to enforce that right or any other right.
E. Ownership and Capital Costs. Glenview will own the entire dispatch system,
except the radio infrastructure equipment installed in Lake Forest and the antennae, which shall
be owned by Lake Forest, unless otherwise agreed to in writing by both parties.
F. Consents. Unless otherwise provided in this Agreement, whenever the consent,
permission, authorization, approval, acknowledgement, or similar indication of assent of any
party to this Agreement, or of any duly authorized officer, employee, agent, or representative of
any party to this Agreement, is required in this Agreement, the consent, permission,
authorization, approval, acknowledgement, or similar indication of assent shall be in writing.
G. Governing Law. This Agreement shall be governed by, and enforced in
accordance with, the internal laws, but not the conflicts of laws rules, of the State of Illinois.
H. Severability. It is hereby expressed to be the intent of the parties to this
Agreement that should any provision, covenant, agreement, or portion of this Agreement or its
application to any person or property be held invalid by a court of competent jurisdiction, the
remaining provisions of this Agreement and the validity, enforceability, and application to any
person or property shall not be impaired thereby, but the remaining provisions shall be
interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent
of this Agreement to the greatest extent permitted by applicable law.
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I. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any and all prior agreements and negotiations between the parties,
whether written or oral, relating to the subject matter of this Agreement.
J. Interpretation. This Agreement shall be construed without regard to the identity
of the party who drafted the various provisions of this Agreement. Moreover, each and every
provision of this Agreement shall be construed as though all parties to this Agreement
participated equally in the drafting of this Agreement. 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 Agreement.
K. Exhibit. Exhibit A attached to this Agreement is, by this reference, incorporated
in, and made a part of this Agreement. In the event of a conflict between an exhibit and the text
of this Agreement, the text of this Agreement shall control.
L. Amendments and Modifications. No amendment or modification to this
Agreement shall be effective until it is reduced to writing and approved and executed by all
parties to this Agreement in accordance with applicable law.
M. Changes in Laws. Unless otherwise provided in this Agreement, any reference
to laws, statutes, ordinances, rules, or regulations shall be deemed to include any modifications
of, or amendments to, such laws, statutes, ordinances, rules, or regulations that may occur in
the future.
N. Authority to Execute. Each party hereby warrants and represents to the other
parties that the persons executing this Agreement on its behalf have been properly authorized
to do so by the corporate authorities of such party.
O. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person shall be made, or be valid, against Glenview and Lake Forest.
IN WITNESS HEREOF, Glenview and Lake Forest, respectively, have caused this
Agreement to be executed by their respective Village President and attested by their respective
Village Clerk as of the day and year first above written.
VILLAGE OF GLENVIEW CITY OF LAKE FOREST
By___________________________ By_________________________________
Village President Mayor
Attest______________________ Attest______________________________
Village Clerk City Clerk
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EXHIBIT A
Payment Schedule
144
4/7/2014
STATUS QUO
MATRIX REPORT
(2014-2018)
2013 OPTION 4B
MATRIX REPORT
(2014-2018)
CURRENT/
STATUS QUO
(5/14-12/19)
GLENVIEW
OPTION
(5/14-12/19)
OPERATIONS 4,843,927 2,971,401 7,707,504 5,171,668
CAPITAL 467,000 444,451 761,647 711,412
SUB-TOTAL 5,310,927 3,415,852 8,469,151 5,883,080
ENHANCED FIRE RADIO FREQUENCY 86,010
REDUNDANT CENTER 78,861
SUB-TOTAL ENHANCEMENTS 0 0 0 164,871
LOSS OF KNOLLWOOD 114,766
GRAND TOTAL 5,310,927 3,415,852 8,469,151 6,162,717
Contract Revenue ($113,482/yr avg)included N/A (643,443)N/A
NET COST 5,310,927 3,415,852 7,825,708 6,162,717
Projected Savings:1,895,075 1,662,992
THE CITY OF LAKE FOREST
CENTRAL DISPATCHING
COST COMPARISON CHART
FIVE YEAR COMPARISON 5/1/14 to 12/31/19 COMPARISON
145
4/16/2014
CURRENT/ STATUS QUO GLENVIEW OPTION*
OPERATIONS 14,795,013 9,861,721
CAPITAL 848,047 882,724
SUB-TOTAL 15,643,060 10,744,445
ENHANCED FIRE RADIO FREQUENCY 86,010
REDUNDANT CENTER 78,861
SUB-TOTAL ENHANCEMENTS 0 164,871
LOSS OF KNOLLWOOD 176,324
GRAND TOTAL 15,643,060 11,085,640
Contract Revenue ($113,482/yr avg)(1,134,820)N/A
NET COST 14,508,240 11,085,640
Projected Savings:3,422,600
* Assumes renewal years at maximum annual increase of 5% per year.
THE CITY OF LAKE FOREST
CENTRAL DISPATCHING
TEN-YEAR COST COMPARISON
5/1/14 to 12/31/24 COMPARISON
146
147
148
149
150