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CITY COUNCIL 2015/09/21 AgendaTHE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday September 21, 2015
City Hall Council Chambers
Honorable Mayor, Donald Schoenheider
Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward
Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30 p.m.
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Resolution of Appreciation for Employee Sherry Miller
A copy of the resolution can be found on page 12
COUNCIL ACTION: Approve the Resolution
B. Northwestern Lake Forest Hospital, Update on Construction Activity
and a Look Forward.
PRESENTED BY: Thomas McAfee, President of Northwestern Lake Forest Hospital
PURPOSE: Mr. McAfee will make a brief presentation on the progress to date on the new
hospital and the surrounding campus. In addition, Mr. McAfee will bring forward
concepts for reuse of the existing campus for public review and City approval early in
2016.
BACKGROUND AND DISCUSSION: In October, 2012, the City Council approved a Master
Plan for the Northwestern Lake Forest Hospital Campus. The Master Plan detailed the
buildout plan for the Central Campus, the area where the new hospital is presently being
constructed. The work to date, to plan, prepare and implement the vision for a new
hospital to serve the residents of Lake Forest, Lake Bluff and beyond, represents years of
extraordinary cooperation and collaboration between the City and the Hospital.
The Plan Commission and City Council were deeply involved in the planning and public
review process which ultimately produced the Master Plan for the Hospital Campus. As a
next step in the process, the City Manager’s Hospital Advisory Task Force worked closely
with the hospital team over the course of many months as the designs and details of the
building, overall site plan, landscape, lighting and signage were finalized. Now that
construction is well underway, City inspectors and representatives from the Police, Fire,
Public Works and Community Development Departments continue to work closely with
the hospital team and the contractors on the site on a daily basis.
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Monday, September 21, 2015 City Council Agenda
As contemplated in the Hospital Campus Master Plan, now that work is well underway on
the new hospital, planning is underway for adaptive reuse of the South Campus, the
portion of the campus on which the existing hospital and the associated buildings are
located. The hospital anticipates that plans for the South Campus will be presented to
the City for public review early in 2016.
BUDGET/FISCAL IMPACT: No expenditure of City funds is requested.
COUNCIL ACTION: No Council action is requested at this time.
2. COMMENTS BY CITY MANAGER
A. 2015 Lake Forest Fire Department Accreditation Report
- Jeff Howell, Fire Chief
B. Community Spot Light
Country Day School
– John Kinzer, Marketing and Communications
3. COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
A. IT Division Overview Presentation
– Elizabeth Holleb, Finance Director and Joe Gabanski, Assistant
Director IT Division
PROPERTY AND PUBLIC LAND COMMITTEE
A. Consideration of a License Agreement with L3 Capital, the Owner of Market
Square (Approve by Motion)
PRESENTED BY: Catherine Czerniak
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: Authorize the City Manager to enter into a License
Agreement with L3 Capital for the purpose of achieving operational efficiencies and to
take advantage of opportunities to maintain and enhance the vitality of the City’s
Central Business District (CBD).
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Monday, September 21, 2015 City Council Agenda
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Property and Public Lands
Committee (PPL) 7/20/2015 Concept of License Agreement with L3
Capital Endorsed by the PPL.
Property and Public Lands
Committee (meeting
attended by Mayor and
Council)
8/31/2015
PPL provided input on the draft License
Agreement, directed final review of the
Agreement by the City Attorney and
directed staff to present the final
Agreement to the full Council for
consideration.
BACKGROUND AND DISCUSSION: The concept for a License Agreement with L3 Capital
grew out of internal discussions among City staff from various departments and
discussions with representatives of L3 Capital. The discussions identified that due to the
interconnection between City owned property/rights-of-way and Market Square,
opportunities for operational efficiencies and improved use of space exist. The goals of
the License Agreement are twofold:
To achieve efficiencies and avoid duplication of effort between L3 and the City.
To support L3 in enhancing the Square and increasing the overall vitality of the
core of the Central Business District.
The Agreement addresses four general areas: maintenance and enhancement of
landscaping, snow removal, refuse and recycling collection and use of the Greensward,
the central area in Market Square. A brief overview of each area is provided below.
Landscaping – Currently, the City and L3 Capital each contract separately for
maintenance and replacement of plant materials in Market Square.
Snow Removal – The Market Square owners are responsible for removing snow on the
sidewalks in front of the businesses as is the case for all property owners in the Central
Business District. Walkways in the Greensward are the City’s responsibility and in the past,
these walkways have not been cleared in the winter. The Agreement authorizes (but
does not obligate) L3 to clear sidewalks in the Greensward at its own expense, to make
Market Square more walkable in the winter months.
Trash and Recycling – Currently, the refuse and recycling collection area for Market
Square is in the north alley, behind Einstein’s. Earlier this year, L3’s plan for pedestrian
enhancements to the north alley was approved by the Historic Preservation Commission.
To accomplish the north alley vision, the existing refuse and recycling collection area for
Market Square must be relocated. The Agreement provides for a central collection area
in the City parking lot located west of Forest Avenue. City crews will pick up refuse and
recycling from the central collection area on a regular basis and L3 will be assessed the
full cost of the City service. If this pilot project is successful, the central collection service
will be offered to other businesses in the CBD.
Use of the Greensward – The Agreement allows L3 Capital to use the Greensward on a
daily basis for passive uses that offer amenities to shoppers and add vitality to the Central
Business District.
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Monday, September 21, 2015 City Council Agenda
BUDGET/FISCAL IMPACT: The City and L3 Capital will share in the one-time cost of
constructing the central collection area and the surrounding landscaping. L3 Capital will
pay the City the full cost of service for refuse and recycling pick up as invoiced by the
City on a regular basis.
The License Agreement is included in the Council packet on page 13.
COUNCIL ACTION: Authorize the City Manager to sign the License Agreement with L3
Capital.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of a One-Year Agreement with InterDev for Shared Public Safety
Information Technology (IT) Support
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests City Council approval of Information
Technology (IT) services provided by InterDev to support public safety initiatives.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council 7/16/12
City Council approved initial public safety IT
support services agreement for six-month period
(July – December).
City Council 8/4/14 Approval of a one year agreement with InterDev
for Public Safety IT Support (10/1/14 to 9/30/15)
BACKGROUND/DISCUSSION: In early 2012, ClientFirst Consulting Group provided a written
assessment of the IT support needs required of public safety. ClientFirst determined that
due to the downsizing of the IT division and increasing complexity of public safety
technology, the police and fire departments required technical support beyond the
capacity of the existing in-house IT staff. In July 2012, the City Council authorized a
contract with ClientFirst Consulting Group to provide supplemental IT support specifically
for public safety for a six-month period totaling $41,600.
Since late 2012, the City has been involved in various studies to identify the most cost-
effective strategy to provide IT services. An initial study with twelve (12) other
communities resulted in the release of a joint Request for Proposals (RFP) in October 2013
by fourteen (14) communities, including Lake Forest, to purchase shared IT services. A
City representative participated in the interviews for three finalist firms in November 2013.
As a result of the RFP process, the communities of Buffalo Grove, Glenview, Kenilworth
and Lake Bluff announced in April 2014 the award of a managed IT services contract with
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Monday, September 21, 2015 City Council Agenda
InterDev. On August 4, 2014, the City Council approved execution of an agreement with
InterDev to provide public safety IT support for a one year period set to expire on
September 30, 2015.
Services provided by InterDev during the first year have been satisfactory. The
technicians assigned to the City under this agreement are shared by Lake Forest,
Highland Park and Glenview with work performed related to public safety and dispatch.
With a significant crossover of systems being used by these agencies, the personnel
become extremely knowledgeable and increased efficiency is achieved. InterDev has
agreed to make some minor revisions to the agreement for the second year to ensure
that the agreement allows for more flexibility for the City. Staff recommends approval of
a new one-year agreement with InterDev to provide supplemental public safety IT
support to leverage the consortium opportunities and ensure optimum communication
with both Glenview and the City’s IT division. The proposed agreement can be found
beginning on page 40.
BUDGET/FISCAL IMPACT: Below is a summary of the budget:
FY2016 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
General Fund – IT Contract
Services $65,000 $65,911 Y
COUNCIL ACTION: Pursuant to a joint RFP process with surrounding communities, staff
recommends approval of IT support services by InterDev in the amount of $65,911 for one
year to support public safety initiatives.
2. Consideration of an Ordinance Approving a Recommendation from the
Historic Preservation Commission. (First Reading and if Desired by the City
Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Historic Preservation Commission is presented to the
City Council for consideration as part of the Omnibus Agenda.
946 Elm Tree Road - The Historic Preservation Commission recommended approval of an
addition to an historic coach house and the associated building scale variance. The small
addition will allow the building to function better as a garage to meet the property owners’
needs and will encourage preservation and enhancement of the historic structure. Testimony
was submitted suggesting that the design be simplified to be more consistent with the
architectural style and in response, some refinements were made to the design. (Commission
vote: 4-2, approved)
The ordinance approving the petition with conditions of approval as recommended by the
Historic Preservation Commission, with key exhibits attached, is included in the Council’s packet
beginning on page 53. The Ordinance with complete exhibits is available for review in the
Community Development Department.
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Monday, September 21, 2015 City Council Agenda
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinance approving the petition in accordance
with the Historic Preservation Commission’s recommendation.
3. Adoption of an Ordinance Amending the City Code by Incorporating
Amendments to the Illinois Department of Natural Resource’s Water
Allocation Rules & Regulations Relating to Conservation Practices
Applicable to All Lake Michigan Water Allocation Permittees
STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: The Illinois Department of Natural Resources (IDNR
hereafter) has recently amended their Lake Michigan Water Allocation Rules and
Regulations. The amendment focuses on water conservation through the use of
WaterSense products and restrictions on irrigation practices during the summer months.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
None Required by IDNR
BACKGROUND/DISCUSSION: As the City is defined by the IDNR as a “water permittee”
(meaning the City draws its water from Lake Michigan), the IDNR is requiring that the
following amendments to its rules and regulations be adopted by City Council by
September 30, 2015. Specifically, the IDNR amended Section 3730.307(c), contains a list
of conservation practices applicable to all Lake Michigan water allocation
permittees. This amendment includes new sections (c)(4) and (c)(8), which require as
follows:
(4) The adoption of ordinances requiring that new and replacement
plumbing fixtures be a labeled WaterSense product, as specified by USEPA.
(8) The adoption of ordinances that restrict non-essential outside water uses
to prevent excessive, wasteful use. These shall provide that unrestricted
lawn sprinkling will not be allowed from May 15 through September 15 of
each year by requiring, as a minimum, that lawn sprinkling shall not occur
on consecutive days nor shall any lawn sprinkling occur during at least a 6
hour period in the middle of the day (i.e., 10 a.m. through 4 p.m., noon to 6
p.m.) when evapotranspiration is at its highest. New lawns (less than 3
months old) may be exempted from this provision. In addition,
new/replacement sprinkler systems shall be equipped with a WaterSense
labeled irrigation controller and shall be in compliance with Section 2.5(g)
of the Illinois Plumbing License Law [225 ILCS 320].
Upon review of the City Code, the City’s current sprinkling provisions [§51.076] are
actually more rigorous than the IDNR requirements. Although the City has adopted the
Illinois Plumbing Code, that Code is not fully consistent with the IDNR
requirements. Accordingly, the proposed ordinance to amend a portion of the City’s
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Monday, September 21, 2015 City Council Agenda
Plumbing Code ensures that the City Code complies with the IDNR requirements. A copy
of the Ordinance and background material can be found on page 61.
COUNCIL ACTION: Approval of an Ordinance Amending the City Code by Incorporating
Amendments to the Illinois Department of Natural Resource’s Water Allocation Rules &
Regulations Relating to Conservation Practices Applicable to All Lake Michigan Water
Allocation Permittees by waiving first reading and granting final approval of the attached
Ordinance.
COUNCIL ACTION: Approve the Three (3) Omnibus items as presented.
6. ORDINANCES
7. ORDINANCES AFFECTING CODE AMENDMENTS
1. Consideration of an Ordinance Amending Sections 50 and 51 of the City
Code, Relating to Solid Waste and Water, as Recommended by Staff. (First
Reading)
PRESENTED BY: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: Staff requests approval of an amendment to the City Code
pertaining to Solid Waste and Water.
On January 20, 2015, City Council granted final approval of an Ordinance adopting an
updated City Code. As a follow up, City Staff and the City Attorney have begun to
review certain provisions of the code to determine whether changes are required to
reflect current practices and policies of the City.
As part of that review, the City Manager, Executive Staff, the City Council Liaison, and the
City Attorney have reviewed the City Code provisions relating to Solid Waste and Water.
A proposed amendment to the City Code relating to these Sections will be sent under
separate cover.
A black line copy of the Ordinance showing recommended changes along with a copy
of the current Code is included in the Council packet. The red line comments reflect the
initial changes and the blue line comments reflect subsequent changes can be found
beginning on page 97.
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Monday, September 21, 2015 City Council Agenda
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Staff June 18, 2015 Various Changes Made
City Manager June 22, 2015 Various Changes Made
Public Works Chairman August 11, 2015 Various Changes Made
City Attorney September 2, 2015 Various Changes Made
BACKGROUND: Chapter 50 of the City Code provides rules for the collection of refuse by both
the City and private scavengers. The current code had not been updated for many years.
The proposed amendment provides updates of specific materials that are collected (both
refuse and recycling), the frequency of City collections, the recently established Sanitation fee,
and updated rules for private refuse haulers.
Chapter 51 of the City Code (water) required some significant modifications to include the
inclusion of the recently adopted water well guidelines, an update regarding how water rates
are assessed, and rules pertaining to water being shut-off due to non-payment of a property
owner’s water bill.
Staff is requesting first reading approval for both ordinances. Staff will incorporate any changes
City Council provides at this evening’s meeting for final approval at the October 5, 2015 City
Council meeting.
BUDGET/FISCAL IMPACT: The fiscal impact as it relates to each of these code updates
has been previously discussed and approved by the City Council (e.g. implementation of
the sanitation fee, loss revenue with new water wells for parcels larger than five acres, a
new water rate structure, etc.).
COUNCIL ACTION: Approval of first reading for recommended changes to the City Code
relating to Solid Waste and Water.
8. NEW BUSINESS
1. Approval of a Codicil to the Elawa Farm Operating Agreement between The
City of Lake Forest and Elawa Farm Foundation concerning the ongoing
maintenance of a proposed greenhouse addition.
PRESENTED BY: Michael Strong, Assistant to the City Manager (847-810-3680)
PURPOSE AND ACTION REQUESTED: Staff requests approval of a codicil to the Elawa Farm
Operating Agreement between The City of Lake Forest (“The City”) and Elawa Farm
Foundation (“Foundation”) which relates to the ongoing maintenance responsibilities
associated with a proposed greenhouse structure that will be constructed and managed
by the Foundation.
BACKGROUND/DISCUSSION: On June 21, 2010, the City Council approved a Special Use
Permit that formerly recognized the use and operation of Elawa Farm, a City facility, in a
residential zoning district. As a part of this approval, a Master Plan was adopted that
sought to outline a shared vision for the long-term use of the site. The Master Plan was
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Monday, September 21, 2015 City Council Agenda
developed through a series of community engagement sessions and identifies potential
future needs and calls out opportunities for additional parking, structures, and outdoor
classrooms for the purposes of facilitating group activities and forwarding the mission of
Elawa Farm.
In July 2014, the Foundation approached the Historic Preservation Commission to discuss
its intent to build a new Head House and Greenhouse on the site. The site plan presented
at this time accommodated an approximate 1,250 square foot greenhouse
accompanied by an approximate 460 square foot Head House, an additional work
space.
In spring 2015, after evaluating the operational and economic impact of the proposed
greenhouse, the Foundation underwent a design change to the project. The new
design reduced the size of the greenhouse and eliminated the head house. The
Foundation believes this design presents a more pragmatic approach due to its cost
effectiveness and draws a more historical context from an earlier greenhouse addition
that was previously demolished on the site. The redesigned greenhouse requires a
significantly smaller footprint of 560 square feet. Background information including plans
for the redesigned greenhouse is included on page 134.
On August 26th, the Historic Preservation Commission voted 6 to 0 to approve the design,
scale, materials and siting of the redesigned green house. The Commission recognized
that the greenhouse replaces an historic greenhouse previously located on the site and
found it to be compatible with the existing farm buildings.
ISSUES TO CONSIDER:
There are several issues to consider concerning this project. Firstly, the location selected
for the greenhouse is consistent with the Elawa Farm Master Plan and is further supported
by amendments to the Master Plan that are currently in progress. The proposed location
of the greenhouse has some historical basis because although a greenhouse was not
part of the original plans for the farm, there is documentation of greenhouses in the
general location proposed on the site. At the time the City acquired the property, there
was a greenhouse that extended from the Potting Shed, south, toward the Caretaker’s
Cottage. The greenhouse was in serious disrepair and extended close to the Cottage
creating a sense of crowding and closing off expansive views to the west. This project is
further supported by the Foundation’s mission to inspire an appreciation for gardening,
healthy living and historic preservation. A copy of the Master Plan is provided on page
141.
Secondly, the construction of the new greenhouse will require an adjustment to the
existing western building complex site arrangement, including the relocation of an
existing animal shelter utilized by the Wildlife Discovery Center. This shelter will be rebuilt
to the west of the newly constructed bobcat animal shelter to the west. This relocation is
consistent with the Master Plan, and has been discussed and supported by the Wildlife
Discovery Center as a “neighborly” modification. The relocation will also provide the
animal with a quieter location with less disruption, aided by further separation, from
Foundation activities on the Farm. The Wildlife Discovery Center and Foundation have
also received support by the Lake Forest Open Lands Association to pursue the
relocation, subject to the condition that there be landscape buffer to conserve sight lines
onto the property from the west.
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Monday, September 21, 2015 City Council Agenda
Thirdly, the Foundation has undergone an independent financial review concerning the
capital costs and ongoing operational costs associated with the greenhouse facility.
The analysis found the project to be of low risk to the Foundation’s operations with limited
impact on their cash flows and presents a greater possibility of being accretive than
depletive.
Table 1: Summary of Greenhouse Proforma
2014 Actuals
Greenhouse
Profroma
Impact on
Cash Flow
Units (Stems/lbs) 7,003 8,051 790
Revenue 8,195 9,499 1,304
COGS (Material/inputs) 5,021 3,448 (1,573)
Direct Overhead/Utilities 1,648 2,523 875
Total Operating Costs 6,669 5,971 (698)
Gross Profit/Loss 1,526 3,528 2,002
It should be noted that this analysis was conducted based on the preliminary design
concept; which has since been reduced by approximately 65%. The table below
provides an overview of the proforma that was conducted based on estimates from
2014. Furthermore, this review assumed no rental usage of the space or other
programmatic functions that could result in additional revenue for the Foundation. A
copy of the detailed information can be found on page 179, and representatives from
Elawa Farm and the Foundation are available tonight to discuss this report and its findings
if any questions arise.
Lastly, the ongoing maintenance responsibility of the greenhouse facility should be
addressed so as to identify which party will be responsible for the interior and exterior
upkeep of the new facility. As you are aware, The City approved an Operating
Agreement between The City and the Foundation that defines responsibility for
maintenance at Elawa Farm. Per this Agreement, The City is responsible for the general
exteriors on the property (e.g. buildings, roofs, gutters, windows, doors, etc.) and the
Elawa Farm Foundation is responsible for the ongoing maintenance of the interior of the
buildings (e.g. heating elements, electrical components, plumbing, etc.). It should be
noted that responsibilities for maintenance concerning the Cottage house are outlined in
a separate sublease agreement between The City and the Curator for the Wildlife
Discovery Center.
RECOMMENDATION: As proposed, the greenhouse “kit” will be assembled atop a
masonry knee wall and concrete pad that will extends north from the building adjacent
to the Potting Shed. The covering of the greenhouse will be comprised of 1/8” clear
tempered glass, roof vents, and aluminum framing (Collectively “exterior shell”). After
discussing these elements with staff, concerns were raised regarding the ongoing
maintenance of the exterior shell. These concerns included knowledge of the
components, capital resources, and future budget uncertainties. With the interest of
ensuring that the new structure is maintained properly and in perpetuity, City staff
suggests that the Foundation be responsible for the ongoing maintenance, replacement
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Monday, September 21, 2015 City Council Agenda
of components, and cleaning of the exterior shell. To this end, The City is recommending
that a codicil to the Operating Agreement be approved which codifies this
recommendation. A copy of the Operating Agreement and supporting materials is
included on page 214.
BUDGET/FISCAL IMPACT: There is no immediate budget or fiscal impact as a result of the
project. The Foundation assumes all capital costs associated with the construction of the
greenhouse facility, along with all costs associated with the demolition and
reconstruction of the Wildlife Discovery Center’s animal shelter. Ongoing maintenance
and inspection of the knee wall, foundation and other structural elements will be
included in future capital planning considerations for the farm.
COUNCIL ACTION: City staff is requesting that City Council approve a codicil to the
Elawa Farm Operating Agreement between The City and Elawa Farm Foundation which
relates to the ongoing maintenance responsibilities associated with a proposed
greenhouse structure that will be constructed and managed by the Foundation.
9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
10. ADJOURNMENT
Office of the City Manager September 16, 2015
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.
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AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES
BETWEEN THE CITY OF LAKE FOREST AND
InterDev, LLC
THIS AGREEMENT, dated _____________, 2015, is entered into by and between the
City of Lake Forest (the “City”), an Illinois home rule municipality, and InterDev, LLC of
Alpharetta, GA (the “Consultant”).
RECITALS
WHEREAS, the City seeks a consultant to perform Public Safety Information
Technology (IT) Support services, (the “Services”) to supplement services provided by its
internal IT division;
WHEREAS, the City participated in a multi-jurisdictional Request for Proposal (RFP)
process through which the Consultant was selected to provide IT services to a number of area
municipalities;
WHEREAS, the Consultant submitted an acceptable proposal to the City to provide the
Services; and
WHEREAS, the City Council at its regular meeting on August 4, 2014, approved the City
Manager’s execution of an Agreement for services to be provided October 1, 2015 through
September 30, 2015; and
WHEREAS, the City Council at its regular meeting on ______, 2015, approved the City
Manager’s execution of this Agreement,
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Consultant agree as follows:
SECTION 1. AGREEMENT DOCUMENTS
The Agreement Documents, which constitute the entire agreement between the City and the
Consultant, are:
A. Agreement
B. Exhibit A – Lake Forest Public Safety Technology Support Matrix dated October
1, 2015 (as may be updated from time to time)
C. Exhibit B – Proposal for Shared Public Safety Resource (dated August 31, 2015)
D. Exhibit C – Scope of Works/Goals and Expectations
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These documents are collectively referred to herein as the “Agreement Documents”. In the event
of a conflict between this Agreement and the exhibits, the order of precedence shall follow in
the order listed above.
SECTION 2. SCOPE OF WORK (SOW)
The Consultant agrees to provide the Services in accordance with the Agreement Documents,
and as reasonably required in accordance with management at the time when, and at the place
where, the Services are performed.
SECTION 3. TERM; TERMINATION
The initial term of this Agreement shall commence on October 1, 2015 and remain in effect for
one (1) year (the “Initial Term”). The City reserves the right to renew the Agreement for
additional one (1) year periods, subject to acceptable performance by the Consultant, as
determined by the City in its sole discretion (the “Renewal Term(s)”). At the end of the Initial
Term or any Renewal Term, the City reserves the right to extend this Agreement for a period of
up to ninety (90) days for the purpose of getting a new agreement in place.
For any term beyond the Initial Term, this Agreement is contingent on the appropriation of
sufficient funds; no charges shall be assessed for failure of the City to appropriate funds in future
contract years.
For the Renewal Term(s), requests for increases shall be limited to no more than five percent
(5%) over the previous year.
The City reserves the right to terminate this Agreement, or any part thereof upon thirty (30) days
written notice, with or without cause. In case of such termination, Consultant shall be entitled to
receive payment from the City for work completed up to and including the date of termination in
accordance with the terms and conditions of the Agreement Documents.
In the event the City elects to exercise its option for the Renewal Term, it shall provide written
notice to the Consultant no less than ninety (90) days before the expiration of the Term.
SECTION 4. FINANCIAL REVIEW
Upon written request of the City, but not more than twice a year, Consultant shall provide the
City with access to all of Consultant’s financial information, including but not limited to, balance
sheets, income statements, salary information, profit margin, etc. The City agrees to keep
confidential any and all such information to which it is provided access.
SECTION 5. INDEMNIFICATION
The Consultant agrees to indemnify, save harmless and defend the City and its elected and
appointed officials, employees, agents, consultants, attorneys and representatives and each of
them against, and hold it and them harmless from, any and all lawsuits, claims, injuries,
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demands, liabilities, losses, and expenses; including court costs and reasonable attorney’s fees
for or on account of any injury to any person, or any death at any time resulting from such injury,
or any damage to property, which may arise or which may be alleged to have arisen out of, or in
connection with the work covered by this project to the extent caused by actions of the
consultant. The obligations of the Consultant under this provision shall not be limited by the
limits of any applicable insurance required of the Consultant.
SECTION 6. INSURANCE
The Consultant shall maintain for the duration of the contract, including warranty period, insurance
purchased from a company or companies lawfully authorized to do business in the state of Illinois
and having a rating of at least A-minus and a class size of at least X as rated by A.M. Best Ratings.
Such insurance will protect the Consultant from claims set forth below which may arise out of or
result from the Consultant’s operations under the contract and for which the Consultant may be
legally liable, whether such operations be by the Consultant or by a Subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable:
6.1 Workers’ Compensation Insurance covering all liability of the Consultant arising
under the Workers’ Compensation Act and Occupational Diseases Act; limits of liability not less
than statutory requirements.
6.2 Employers Liability covering all liability of consultant as employer, with limits not less
than: $1,000,000 per injury – per occurrence; $500,000 per disease – per employee; and
$1,000,000 per disease – policy limit.
6.3 Comprehensive General Liability in a broad form on an occurrence basis, to include
but not be limited to, coverage for the following where exposure exists; Premises/Operations,
Contractual Liability, Products/Completed Operations for 2 years following final payment,
Independent Contractor’s coverage to respond to claims for damages because of bodily injury,
sickness or disease, or death of any person other than the Consultant’s employees as well as
claims for damages insured by usual personal injury liability coverage which are sustained (1) by
a person as a result of an offense directly or indirectly related to employment of such person by
the consultant, or (2) by another person and claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property, including loss of use there from; Broad
Form Property Damage Endorsement;
General Aggregate Limit $ 2,000,000
Each Occurrence Limit $ 1,000,000
6.4 Automobile Liability Insurance shall be maintained to respond to claims for damages
because of bodily injury, death of a person or property damage arising out of ownership,
maintenance or use of a motor vehicle. This policy shall be written to cover any auto whether
owned, leased, hired, or borrowed.
42
6.5 Professional Liability Insurance shall be maintained to respond to claims for damages
due to the Consultant’s errors and omissions.
Errors and Omissions $1,000,000
6.6 Consultant agrees that with respect to the above required insurance:
6.6.1 The CGL policy shall be endorsed for the general aggregate to apply on a “per
Project” basis;
6.6.2 To provide separate endorsements: to name the City of Lake Forest as additional
insured as their interest may appear, and; to provide thirty (30) days notice, in writing, of
cancellation or material change.
6.6.3 The Consultant’s insurance shall be primary in the event of a claim.
6.6.4 The City shall be provided with Certificates of Insurance and endorsements
evidencing the above required insurance, prior to commencement of this Contract and
thereafter with certificates evidencing renewals or replacements of said policies of
insurance at least thirty (30) days prior to the expiration of cancellation of any such
policies. Said Notices and Certificates of Insurance shall be provided to: City of Lake
Forest Finance Director, 800 N. Field Drive, Lake Forest, IL 60045.
6.6.5 A Certificate of Insurance that states the City of Lake Forest has been endorsed
as an “additional insured” on a non-contributory basis by the Consultant’s insurance
carrier. Specifically, this Certificate must include the following language: “The City
of Lake Forest, and their respective elected and appointed officials, employees,
agents, consultants, attorneys and representatives, are, and have been endorsed, as
an additional insured under the above reference policy number_________ on a
primary and non-contributory basis for general liability and automobile liability
coverage for the duration of the contract term.”
6.7 Failure to Comply: In the event the Consultant fails to obtain or maintain any
insurance coverages required under this agreement, the City may purchase such insurance
coverages and charge the expense thereof to the Consultant.
SECTION 7. INVOICES AND PAYMENTS
The Consultant shall submit detailed invoices for services, including labor rate per consultant,
and the number of hours worked per week. No allowances shall be made for expenses other than
those identified herein without prior approval. Payment shall be made in accordance with the
Illinois Local Government Prompt Payment Act, 50 ILCS 505/1, et seq.
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SECTION 8. AGREEMENT PRICE
The City agrees to pay the Consultant in accordance with the Agreement Documents in an
annual not to exceed amount as defined in the table below, without written approval, inclusive of
all services and reimbursable expenses as identified herein.
Onsite Staffing
Public Safety Specialist Average 16 hours/week
InterDev considers the best approach to meet multiple requirements is to put the best appropriate
resource on the task at the time that it is needed. The proposed resource will be initially assigned
to the City fifty percent of the time as he/she will be shared with one other municipality.
Furthermore, this resource is actually a team of two that can share in the workload, experience,
and after hours coverage. Additional resources beyond the hours being quoted can be added at
additional expense if desired by the City. No additional expense will be incurred without the
prior written approval of the Lake Forest Finance Director.
The part-time model is based on a job classification of 2080 hours per year. Actual work hours
are 2080 minus Paid Time Off to include sick, vacation and holiday. On average, this equates to
1848 actual working hours per year. With the part-time model, you can expect 924 hours minus
92 hours (10%) spent on Consolidated Public Safety Dispatch (CPSD) support, or 832 hours per
year with an average of 16 hours per week. The City will be billed only for hours actually
worked in Lake Forest, excluding any CPSD support. Scheduled work hours are to be mutually
agreed by InterDev and Lake Forest Finance/IT, with notice of schedule changes to be given
with as much advance notice as possible to the City’s Finance Director and Assistant Director of
IT.
First year expenses for this level of Shared Public Safety Specialist support are as follows:
City of Lake Forest FB 2015 (Base) 2015
Contract Labor Category
FBR($) Part Time
(hours / year)
CY1 FBR
($)
Public Safety Specialist
$79.22/hour 832 $65,911
Total $65,911
The City at its option my reallocate scheduled hours to non-public safety support to ensure
maximum utilization of hours contracted. Work performed for non-public safety departments
shall be similar to work performed for public safety.
44
After Hours Staffing
Public safety is a 24/7 operation critical to the community. It is reasonable to assume that
support will be needed on occasion outside normal business hours or scheduled hours pursuant to
this support agreement. Such support may be required on site or via City-approved remote
access utilities, if available. If critical support needs dictate non-scheduled hours or hours
exceeding the hours contracted in any week, scheduled hours will be adjusted the following
week(s) to ensure that additional billable hours are not required. Whenever possible, hours
exceeding 20 in a week should be pre-approved by the Finance Director.
Assignment of Personnel
Personnel shall be assigned via the mutual agreement of InterDev and the City of Lake Forest.
Good faith efforts to rectify personnel issues should be exhibited by both parties. In the event
these efforts do not rectify the issue in a timeframe acceptable to the City, the City shall have the
right to reject assigned personnel for any reason.
SECTION 9. JURISDICTION, VENUE, CHOICE OF LAW
This Agreement shall be construed under and governed by the laws of the State of Illinois, and
the exclusive jurisdiction and venue for all claims and controversies arising hereunder shall be
the Circuit Court of Lake County, Illinois.
SECTION 10. INDEPENDENT CONTRACTOR
The Consultant is an independent contractor, and neither the Consultant, nor any employee or
agent thereof, shall be deemed for any reason to be an employee or agent of the City.
SECTION 11. CONSULTANT REPRESENTATIONS
Consultant hereby represents and warrants as follows:
A. It is a company which is validly existing and duly authorized to do business under
the laws of the State of Illinois, with power and authority to conduct its business as
currently conducted and as contemplated by this Agreement.
B. All necessary corporate, regulatory, or other similar action has been taken to
authorize and empower Consultant to execute, deliver and perform this Agreement. The
person(s) executing this Agreement on behalf of Consultant is duly authorized to do so
and this Agreement is a legal, valid and binding obligation of each and all of the owners,
shareholders, officers, managers, partners or members of Consultant, enforceable against
them in accordance with its terms, subject to bankruptcy, equitable principles and laws
affecting creditor’s rights generally.
C. Except only for those representations, statements or promises expressly contained
in the Agreement Documents, no representation, statement or promise, oral or in writing,
45
of any kind whatsoever by the City, its officials, agents, or employees has induced
Consultant to enter into this Agreement or has been relied upon by Consultant.
D. No proceeding of any kind, including, but not limited to, litigation, arbitration,
judicial or administrative, is pending or threatened against or contemplated by Consultant
which would under any circumstance have any material adverse effect on the execution,
delivery, performance or enforceability of this Agreement. As of the date of execution of
this Agreement, Consultant has not received notice, or has a reasonable basis for
believing that Consultant or any of its members, shareholders, partners, associates,
officers, managers or employees are the subject of any criminal action, complaint or
investigation pertaining to any felony charge, or any civil action or claim predicated on
alleged acts of antitrust violations; business fraud; discrimination due to race, creed,
color, disability, gender, marital status, age, national origin, or religious affiliation.
E. This Agreement constitutes a valid, legal and binding obligation of Consultant,
and to the extent permissible by law, is enforceable against it in bankruptcy, insolvency,
reorganization, moratorium and other laws affecting the enforcement of creditors’ rights
generally and to general principles of equity, regardless of whether such enforcement is
considered in a proceeding in equity or at law.
F. Consultant shall provide prompt notice to the City whenever any of the
representations or warranties contained herein ceases to be true or correct.
SECTION 12. ASSIGNMENT
The Consultant shall not assign any duties or performance under this Agreement without the
express written consent of the City.
SECTION 13. MODIFICATION
This Agreement may be amended or supplemented only by an instrument in writing executed by
both of the parties hereto.
SECTION 14. NO IMPLIED WAIVERS
The failure of either party at any time to require performance by the other party of any provision
of this Agreement shall not affect in any way the full right to require such performance at any
time thereafter. Nor shall the waiver of either party of a breach of any provision of this
Agreement be taken or held to be a waiver of the provision itself.
SECTION 15. OWNERSHIP OF DOCUMENTS
The City shall retain ownership of all work product and deliverables created by Consultant
pursuant to this Agreement.
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SECTION 16. RECORDS AND INFORMATION
Consultant understands that it may receive or gain access to information that is confidential or
highly sensitive in nature and acknowledges that such information will be used only for the
purpose of fulfilling its obligations under the Agreement. Further, any output from this
Agreement is to be kept confidential and is for the sole use of the City. Consultant shall not
reveal such information and/or output to other parties without the express written permission of
the City. All records and documents received by Consultant from the City shall remain the sole
property of the City and all such records, or exact copies thereof, shall be turned over intact to
the City within ten (10) days of the City's request.
SECTION 17. CONFIDENTIALITY
Confidential information shall include, without limitation:
A. All information that concerns the business affairs of the City including, without
limitation, financial information, and all other data, records, and proprietary information
involving the City’s business operations;
B. Any information developed or created by Consultant in connection with the
services being rendered under this Agreement by Consultant; and
C. Any other information reasonably identified by the City as confidential; provided
however that confidential information shall not include the following:
i. Information known by, or generally available to the public at large through
no breach by Consultant of this Agreement;
ii. Any information given to Consultant by a third party without continuing
restrictions on its use;
iii. Information disclosed by Consultant with the City’s written approval; and
iv. Information required to be disclosed by law.
SECTION 18. FREEDOM OF INFORMATION ACT
As a contractor of the City, Consultant may be subject to certain records requests brought
pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1, et seq. (the “Act”).
Consultant agrees to cooperate with the City to answer requests for records brought pursuant to
the Act for which Consultant may have records in its possession.
SECTION 19. SEVERABILITY
If any part of this Agreement shall be held to be invalid for any reason, the remainder of this
Agreement shall be valid to the fullest extent permitted by law.
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SECTION 20. NOTICES
Any notices or demands, which may be or are required, to be given by either party to the other
under this Agreement shall be in writing, and all notices, demands and payments required to be
given or made hereunder shall be given or made either: (a) by hand delivery; or (b) by United
States certified mail, postage prepaid addressed to the City or Consultant, respectively, at the
following addresses, or at such other place as the City or Consultant may from time to time
designate in writing:
If to the City:
The City of Lake Forest
800 N. Field Drive
Lake Forest, IL 60045
Attn: Elizabeth Holleb, Finance Director
With a copy to:
City Attorney
If to the Consultant:
InterDev, LLC
2650 Holcomb Bridge Road, Suite 310
Alpharetta, GA 30022
Attn: Gary Nichols, CEO
With a copy to:
None
IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their
respective names on the dates hereinafter enumerated.
THE CITY OF LAKE FOREST
___________________________
Robert R. Kiely
City Manager
______________________
Date
InterDev, LLC
Gary Nichols
CEO
August 31, 2015
48
EXHIBIT A
Lake Forest Public Safety Technology Support Matrix (as may be updated from time to time)
49
EXHIBIT B
Proposal for Shared Public Safety Resource (dated August 31, 2015)
50
EXHIBIT C
SCOPE OF WORK/GOALS AND EXPECTATIONS
SCOPE OF SERVICES
Public Safety Specialist
GENERAL SUMMARY:
The Public Safety Specialist is responsible for the design and implementation of Public Safety
systems, and providing technical assistance to IT team members with the proper integration and
support of Public Safety systems.
See the attached Lake Forest Public Safety Technology Support Matrix (exhibit A) for an
overview of systems and support responsibilities, as well as a definition of delineation between
city-wide IT support and dedicated Public Safety support. All parties understand that
integration, cooperation and communication between these two groups are critical for success.
Essential Duties and Responsibilities:
Design and implementation at the application level
Provide support for backup and disaster recovery solutions focused on Public Safety
environment
IT end user support relating to issues with Public Safety’s internal systems
Support for application integration with Microsoft related technologies: Windows Server,
Exchange, SQL, SharePoint, etc.
Support for hardware and application integration with existing network infrastructure
Remote access and support for continuous connectivity solutions in a mobile environment:
NetMotion, VZAccess Manager, VPN, and Terminal Services
Document maintenance and/or changes for all computer systems and infrastructure
Knowledge, Skills, and/or Abilities Required:
To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or
ability required.
Professional IT Certifications, such as: Microsoft MCP, MCSA or MCSE, Citrix CCEA or
CCIA, SonicWALL CSSA, Cisco CCNA or VMware VCP
Technical experience with Public Safety applications including but not limited to
HTE/Sungard, New World, Fire House, RMS, CAD, Arbitrator, LiveScan, LEADS, and
BEAST
Diagnosis skills of technical issues
Technical awareness: ability to match resources to technical issues appropriately
Service awareness of all organization’s key IT services for which support is being provided
Understanding of support tools, techniques, and how technology is used to provide IT
services
Additional Duties and Responsibilities:
Ability to work as part of a team and communicate effectively
51
Provide weekly communication to Finance Director and Assistant Director/IT summarizing
tasks performed and any outstanding issues
Escalate service or project issues that cannot be completed within agreed service levels
Business awareness of critical Public Safety applications and how IT relates to their
support needs
Document internal processes and procedures related to duties and responsibilities
Responsible for entering time and expenses in the ConnectWise and/or Track-It Help Desk
system as it occurs. Support tickets will be handled utilizing City’s Help Desk System
unless mutually agreed at later date to transition to an alternate system.
Work through completion of project tickets and phases in the Help Desk system as
assigned by a Project Manager
Enter all work as service or project tickets into the Help Desk System. In accordance with
City policy, utilize the City’s project management documentation for any tickets closed in
the help desk system and moved to project status.
Review IT publications and online materials to remain up-to-date with current and future
technologies emerging in the industry
Adhere to City’s policies and procedures, including but not limited to IT and purchasing
Participate in monthly City IT division meetings and other meetings as needed
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1
THE CITY OF LAKE FOREST
ORDINANCE NO. _________
AN ORDINANCE AMENDING SECTION 150.392
OF THE LAKE FOREST CITY CODE RELATING TO
WATER CONSERVATION AND FIXTURES
WHEREAS, the public health, welfare, and safety of the residents of The City of Lake
Forest require the development of a coordinated and adequate water system to provide safe
and sanitary water throughout the City; and
WHEREAS, effective November 18, 2014, the Illinois Department of Natural Resources
amended the Lake Michigan Water Allocation Rules and Regulations (the “IDNR Water
Conservation Rules”) to require that all Lake Michigan water allocation permittees to adopt
certain ordinances to provide for the conservation of water; and
WHEREAS, the City is a Lake Michigan water allocation permittee; and
WHEREAS, the City has previously adopted sprinkling regulations pursuant to Section
51.076 that are more restrictive than the IDNR Water Conservation Rules; and
WHEREAS, the Mayor and City Council have determined that, in order to comply with
the updated IDNR Water Conservation Rules, the City will need to amend Sections 150.392 of
the City Code to mandate certain plumbing fixtures;
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: Amendment to Section 150.392 of the City Code. Section
150.392, currently entitled “Water Piping,” being part of the “Plumbing Code” of Chapter
61
2
150, entitled “Buildings,” of Title XV, entitled “Land Use and Development,” of the Lake
Forest City Code, is hereby amended as follows:
A. The title of Section 150.392 shall be and is hereby amended from
“Water Piping” to “Water Piping and Fixtures.”
B. Subsection (V), entitled “Efficient Plumbing Fixtures,” of Section
150.392, entitled “Water Piping and Fixtures,” is hereby amended, so that said
Subsection 150.392(V) shall hereafter be and read as follows:
§ 150.392 WATER PIPING.
* * *
(V) Efficient plumbing fixtures.
(1) The installation of the following water efficient plumbing fixtures is
mandatory (based on a pressure at the fixture of 40 to 50 p.s.i.) in all new
construction and in all repair and/or replacement of fixtures or trim:
Fixtures Maximum Flow
Lavatory,
sink
faucets
3.0 GPM
Shower
heads 3.0 GPM
Urinals,
flushometer
type
3.0 gal. per flush
Urinals,
tank type 3.0 gal. per flush
Water
closets,
flushometer
type
3.0 gal. per flush
Water
closets,
tank type
3.5 gal. per flush
62
3
(2) Water cooled air conditioning systems shall be closed systems in all
new construction and in all new remodeling.
(3) All lavatories for public use in new construction or remodeling be
equipped with metering or self-closing faucets.
(4) All newly constructed or remodeled car wash installations be
equipped with a water recycling system.
(5) Notwithstanding any provision to the contrary in this Section,
wherever available, any new or replacement plumbing fixtures shall be a
labeled WaterSense product, as specified by United States Environmental
Protection Agency.
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 _________________________, 2015.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this __ day of _________________________, 2015.
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk
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NOVEMBER 18, 2014 17 ILL. ADM. CODE CH. I, SEC. 3730
TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER h: WATER RESOURCES
PART 3730
ALLOCATION OF WATER FROM LAKE MICHIGAN
SUBPART A: GENERAL RULES
Section
3730.101 Scope and Purpose
3730.102 Definitions
3730.103 Filing
3730.104 Form of Documents
3730.105 Service of Documents and Proof of Service
3730.106 Computation of Time
3730.107 Appearances and Representation
3730.108 Designation and Representation
3730.109 Public Information
3730.110 Severability
SUBPART B: HEARING
Section
3730.201 Applicability
3730.202 Authorization of Hearings
3730.203 Parties
3730.204 Allocation Applications and Petitions for Modification
3730.205 Complaint
3730.206 Notice of Hearing
3730.207 Prehearing Conferences
3730.208 Discovery
3730.209 Admissions
3730.210 Authority of Hearing Officer
3730.211 Hearing Procedure
3730.212 Subpoenas
3730.213 Official Record
3730.214 Order of Hearing Officer or Director
3730.215 Hearing Officer's Proposed Order
SUBPART C: ALLOCATION RULES
Section
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NOVEMBER 18, 2014 17 ILL. ADM. CODE CH. I, SEC. 3730
3730.301 Allocation Permits
3730.302 Application
3730.303 Classification of Water Users
3730.304 Water Needs Criteria
3730.305 Emergencies
3730.306 Transfer of Water Use Rights
3730.307 Conservation Practices and Other Permit Conditions
3730.308 Duration of Permit and Renewals
3730.309 Reporting Requirements
3730.310 Petitions for Modification
SUBPART D: ADMINISTRATIVE REVIEW
Section
3730.401 Administrative Review
3730.402 Modification of Order and Decision of Department
SUBPART E: PENALTIES
Section
3730.501 Penalties
AUTHORITY: Implementing and authorized by the Level of Lake Michigan Act [615 ILCS
50].
SOURCE: Adopted at 4 Ill. Reg. 38, p. 223, effective September 9, 1980; amended at 5 Ill. Reg.
9158, effective September 1, 1981; codified at 7 Ill. Reg. 9683; amended at 9 Ill. Reg. 386,
effective January 1, 1985; amended at 14 Ill. Reg. 1484, effective January 3, 1990; recodified
from 92 Ill. Adm. Code 730, Department of Transportation, to Department of Natural Resources,
at 22 Ill. Reg. 7362; amended at 27 Ill. Reg. 7786, effective April 21, 2003; amended at 38 Ill.
Reg. 22801, effective November 18, 2014.
SUBPART A: GENERAL RULES
Section 3730.101 Scope and Purpose
a) This Part governs the practices and procedures of the Director and his or her
delegated representatives, and all allocation and enforcement proceedings
conducted by them pursuant to the Level of Lake Michigan Act [615 ILCS 50].
b) This Part implements the Department's program for the apportionment of water to
be diverted from Lake Michigan among its regional organizations, municipalities,
political subdivisions, agencies or instrumentalities for domestic purposes or for
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NOVEMBER 18, 2014 17 ILL. ADM. CODE CH. I, SEC. 3730
direct diversion into the Chicago Area Waterway System to maintain the
waterway in a reasonably satisfactory sanitary condition. Consistent with the
limitations expressed in a U.S. Supreme Court Decree (Wisconsin v. Illinois, 449
U.S. 48 (1980)), the Lake Michigan water so diverted, whether by way of
pumpage for domestic purposes from the lake, the sewage effluent derived from
which reaches the Illinois Waterway, or by way of storm runoff from the Lake
Michigan watershed that is diverted into the Chicago Area Waterway System, or
by way of direct diversion from the lake into the waterway, shall not exceed a 40
year running average of 3,200 cubic feet per second.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.102 Definitions
As used in this Part except where the context indicates otherwise, the following terms shall have
the meanings specified:
"Act" means the Level of Lake Michigan Act [615 ILCS 50];
"Annual accounting period" shall be October 1 of each calendar year through the
last day in September in the succeeding calendar year;
"Chicago Area Waterway System" or "CAWS" is an engineered system of man-
made canals and natural waterways that serves as both a navigation link between
Lake Michigan and the Mississippi River system and an outlet for stormwater and
effluent. It consists of the North Shore Channel, North Branch of the Chicago
River (below the North Branch Dam), Chicago River, South Branch of the
Chicago River, South Fork of the South Branch of the Chicago River (Bubbly
Creek), Chicago Sanitary and Ship Canal, Cal-Sag Channel and portions of the
Calumet River and Little Calumet River leading up to the O'Brien lock. In this
Part the term "Chicago Area Waterway System" has the same meaning as the term
"Sanitary and Ship Canal" used in the Level of Lake Michigan Act [615 ILCS
50];
"Department" means the Illinois Department of Natural Resources;
"Director" means the Director of the Illinois Department of Natural Resources or
his or her duly delegated representatives;
"Emergency allocation" means a temporary allocation of Lake Michigan water in
accordance with Section 3730.305;
"Emergency and standby use" means water pumped to maintain an adequate water
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NOVEMBER 18, 2014 17 ILL. ADM. CODE CH. I, SEC. 3730
supply in the event of a partial or total failure of the primary water supply source
of a permittee;
"Gross annual pumpage" means the total amount of water delivered to a user's
system;
"Hearing Officer" means a person duly designated as the hearing officer by the
Director;
"Hydrant uses" means, but is not limited to, all water obtained from hydrants for
uses such as fire fighting and training, water main flushing, sewer flushing, street
cleaning, and unmetered public and private construction;
"Net annual pumpage" means the total amount of water delivered to a user's
system not including wholesale water delivered to other water systems, also
referred to as system input volume;
"New users" refers to any regional organization, municipality, political
subdivision, agency, instrumentality, organization, association, or individual that
did not have an allocation of Lake Michigan water from the Department on July
1, 1980;
"Non-revenue water" is the difference between net annual pumpage (system input
volume) and billed, authorized consumption. Non-revenue water shall be
determined by taking the net annual pumpage of a water system and subtracting
from that amount the quantity of water that is billed, metered consumption and
that is billed, unmetered consumption. Non-revenue water includes water that is
lost from the system due to underregistration of meters, systematic data handling
errors, leakage anywhere within the distribution system, unauthorized
consumption or unbilled authorized consumption;
"Party" means an entity that:
has made application to the Department for an allocation of the Lake
Michigan diversion pursuant to the Act; or
has been made a party by the Hearing Officer pursuant to Section
3730.203(c);
"Permittee" means any regional organization, municipality, political subdivision,
agency, instrumentality, organization, association or individual that has an
allocation permit for water from the Lake Michigan diversion;
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NOVEMBER 18, 2014 17 ILL. ADM. CODE CH. I, SEC. 3730
"Water Year" mans the annual accounting period consisting of 12 months
terminating on the last day of September. As an example, the 2015 Water Year
begins on October 1, 2014 and terminates on September 30, 2015.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.103 Filing
Documents and requests permitted or required to be filed with the Hearing Officer shall be
addressed to and mailed to or filed with the Hearing Officer at the following address:
Hearing Officer
Lake Michigan Allocation Proceedings
Illinois Department of Natural Resources
One Natural Resources Way
Springfield IL 62702-1271
or with such other person as the Director may designate from time to time.
(Source: Amended at 27 Ill. Reg. 7786, effective April 21, 2003)
Section 3730.104 Form of Documents
a) Documents shall clearly show the file or docket number and title of the
proceeding in connection with which they are filed, and shall be clearly
designated to indicate the nature of the relief sought, inter alia, "application for
allocation permit", "complaint", "petition for modification", "petition for
emergency allocation" or "motion".
b) Except as otherwise provided, four copies of all documents, including application,
complaints, motions, petitions, and petitions for review, shall be filed with the
Hearing Officer. Only two copies of any discovery motion, interrogatories,
answers to interrogatories, or subpoena filed with or by the Hearing Officer need
to be filed with the Hearing Officer.
c) Documents shall be prepared on unglazed white paper of greater than 12 pound
weight and measuring 8½" x 11". All documents shall be fastened on the left side
or in the upper left hand corner. The left margin of each page shall be at least 1½
inches and the right margin at least one inch.
d) One copy of each document will be signed by the applicant or party or by his or
her authorized representative or attorney.
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NOVEMBER 18, 2014 17 ILL. ADM. CODE CH. I, SEC. 3730
e) Documents shall contain the name, address and phone number of the applicant or
party filing or his or her authorized representative or attorney.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.105 Service of Documents and Proof of Service
a) Where the Hearing Officer or any person is required by statute or by the
provisions of these rules to serve any document upon any person, service shall (in
the absence of specific provisions in these rules to the contrary) be made in
accordance with the provisions of this section.
b) Where any person is required to serve any document filed with the Hearing
Officer, service shall be made by that person or by his representative on or before
the day on which the document is filed.
c) Documents may be served upon a party, his attorney, or other duly constituted
agent by delivering a copy or by mailing a copy to the last known address. When
a party is represented by an attorney of record in any proceeding, service shall be
made upon such attorney.
d) Delivery of a copy pursuant to this section means handing it to the party, his
attorney, or other duly constituted agent or other person in charge of the office of
the person being served; or, if there is no one in charge of such office, leaving it
in a conspicuous place therein; or, if such office is closed or the person to be
served has no office, leaving it at his dwelling house or usual place of abode with
some person of suitable age and discretion then residing therein.
e) Service by mail is complete upon mailing.
f) Proof of service, as provided in this Section, shall be filed before action is taken.
The proof of service shall show the time and manner of service, and may be by
written acknowledgment of service, by certificate of the person effecting the
service, or by other proof as satisfactory to the Hearing Officer. Failure to make
proof of service will not affect the validity of the service. The Hearing Officer
may allow the proof to be amended or supplied at any time before action is taken
unless to do so would result in material prejudice to a party.
Section 3730.106 Computation of Time
a) Computation of any period of time prescribed by these rules or the Act shall begin
with the first business day following the day on which the act, event or
development initiating such period of time occurs, and shall run until the end of
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the last day, or the next following business day if the last day is a Saturday,
Sunday or legal holiday. Where the period of time is five days or less, Saturdays,
Sundays and legal holidays shall be excluded in the computation of time.
b) Notice requirements shall be construed to mean notice received, but proof that
notice was dispatched by means reasonably calculated to be received by the
prescribed date shall be prima facie proof that notice was timely received.
Section 3730.107 Appearances and Representation
a) Any person entitled to participate in proceedings may appear as follows:
1) A natural person may appear in his own behalf or by an attorney at law
licensed and registered to practice in the State of Illinois.
2) A business, non-profit, or government organization may appear by any
bonafide officer, employee, or representative, or may be represented by an
attorney licensed and registered to practice in the State of Illinois, or both.
b) Attorneys not licensed and registered to practice in the State of Illinois may
appear on motion.
c) An attorney appearing in a representative capacity shall file a written notice of
appearance together with proof of service on all parties or their respective
attorneys.
Section 3730.108 Designation and Representation
a) A party entitled to participate in the hearing proceeding may designate another
entity to represent its interests by filing with the Department a written application
accompanied by a Resolution from the governing board of the designating party
and a written Acceptance from the entity appearing in a representative capacity.
The Designation of Representation and Acceptance of such designation shall be
made on forms prescribed by the Department and executed by duly authorized
officials of the parties. The designating party may withdraw the designation at
any time upon its own motion with or without the consent of the previous
designee.
b) The designated representative will be responsible to file all documents, complete
all applications, answer all inquiries, present all testimony, and represent all other
interest of the designating party for the purpose of applying for and obtaining a
water withdrawal permit for water from Lake Michigan.
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c) After receipt of the aforementioned documents, all correspondence will be
directed to the designated representative only and the designating party is
irrevocably bound by its action in these matters until such time as the designation
is withdrawn and receipt of such withdrawal is acknowledged by the Department.
Section 3730.109 Public Information
a) The Department shall maintain files containing all information submitted to or
produced by the Department or Hearing Officers relating to matters within the
Department's jurisdiction, except that internal communications of the Department
shall be filed only at the request of the Director or his designated representatives.
Without limiting the generality of the foregoing, the files shall include, among
other things: pleadings, motions, notices, minutes, transcripts, exhibits, orders
and opinions; proposed and adopted regulations; communications to or from the
Department; newsletters and other releases; business records; and informal
complaints received.
b) All such files shall be open to reasonable public inspection and copying, at the
expense of the interested party.
c) The Department shall maintain a comprehensive index of all files open to public
inspection.
d) The Department may in its discretion disseminate from time to time newsletters,
digests of minutes and other releases regarding any matter before the Department.
Section 3730.110 Severability
If any rules, sentence, clause, subsection, phrase or requirement of these rules is for any reason
held to be unconstitutional or violative of law, by a court of competent jurisdiction, such decision
shall not affect or impair the validity of the remaining portions of these rules.
SUBPART B: HEARING
Section 3730.201 Applicability
The rules of this part shall apply to all hearings concerning allocation of Lake Michigan water
other than rulemaking.
Section 3730.202 Authorization of Hearings
a) Allocation Hearing: Except in the case of an emergency allocation, the
Department shall hold allocation hearing(s) as authorized by the Act within 90
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days of submission to the Department of an application for allocation or on the
motion of the Department, the purpose of which shall be publicly stated to be
contemplation of allocations of Lake Michigan water. The burden of proof in an
allocation proceeding will lie with each applicant for an allocation.
b) Enforcement Proceeding: The Department may hold hearing(s) as authorized by
the Act within 90 days of submission to the Department by any entity of a
complaint for misuse of allocation, or on the motion of the Department for the
purpose of gathering information with reference to abuse or misuse of any
allocation and of entering an order presenting findings and directing a course of
action, including changes in allocations previously made. Hearings will be held
on all complaints which comply with Section 3730.205 (a), are not plainly devoid
of merit or frivolous, and do not deal with a subject on which a hearing has been
held within the preceding six months.
c) Petitions for Modification: The Department may hold hearing(s) on a petition for
modification of an allocation permit. The burden of proof in a modification
proceeding will lie with the petitioner/applicant. Hearings will be held on all
petitions which comply with Section 3730.310 (a).
d) Petitions for Emergency Allocation: The Department shall within 60 days of
issuing and entering an order for an emergency allocation give notice and conduct
a hearing regarding such emergency allocation.
e) Designation of Hearing Officer: If the Department authorizes a hearing under any
of the above sections, the Director shall designate a Hearing Officer to preside
over such hearing.
(Source: Amended at 9 Ill. Reg. 386, effective January 1, 1985)
Section 3730.203 Parties
a) The party seeking an allocation permit, an emergency allocation, or the
modification of an allocation permit shall be designated as the petitioner. Any
party initiating an enforcement proceeding shall be designated as the complainant.
Any party who seeks to be heard and whose interests are adverse to the
petitioner's or the complainant's shall be designated as the respondent.
b) Incorrect designation of a party is not a ground for dismissal but the name of a
party may be corrected at any time.
c) If a complete determination of a controversy cannot be had without the presence
of other parties, the Hearing Officer may direct them to be made parties. The
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Hearing Officer may allow the intervention of other persons of entities with an
interest in the matter on any side of the controversy or in aid of the Department.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.204 Allocation Applications and Petitions for Modification
Four copies of application for allocations, petition for emergency allocation, and petition for
modification shall be filed with the Department and shall contain:
a) In the case of an Application for Allocation, all information required under
Section 3730.302.
b) In the case of a Petition for Emergency Allocation, all information required under
Section 3730.305.
c) In the case of a Petition for Modification, all information required under Section
3730.310 including reference to any change in circumstances or any information
previously submitted pursuant to Section 3730.302 and any claimed errors in
interpretation of the Act or the rules.
Section 3730.205 Complaint
a) Pursuant to Section 3730.202 (b), a Complaint shall contain the following:
1) a reference to the provision of the Act or the rules of which the
respondent(s) is alleged to be in violation; and
2) the dates, location, events, nature, extent and duration of abuses or
misuses alleged to constitute violations of the Act or the rules complained
of to an extent sufficient to advise respondent(s) of the full extent and
nature of matters complained of adequate to reasonably allow preparation
of a defense.
b) Unless respondent files an answer within 20 days after receipt of the complaint,
all material allegations shall be taken as denied. All motions preliminary to a
hearing shall be presented to the Hearing Officer at least 5 days prior to the date
of hearing, or on such other date as the Hearing Officer or these rules shall
designate.
Section 3730.206 Notice of Hearing
a) In cases in which a hearing is held pursuant to Section 3730.202(a), (c) or (d), the
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commencement of the hearing shall be within 90 days after the date on which the
application for allocation or petition for modification of allocation was received
by the Department unless otherwise ordered by the Hearing Officer, or within 60
days after an order for an emergency allocation was entered by the Department.
The Department shall give notice of hearing in these cases as follows:
1) to all permittees; petitioners; the Counties of Cook, DuPage, Kane,
Kendall, Lake, Will, and McHenry; the City of Chicago; the Metropolitan
Water Reclamation District; the Illinois Environmental Protection
Agency; and the Chicago Metropolitan Agency for Planning; and
2) by publication not less than twice in newspapers of general circulation in
the immediate and remote areas that may be affected by diversions of
Lake Michigan waters, such publications to be no longer than one week
apart, and the hearing to be held within 10 days following date of last
publication.
b) In cases in which a hearing is held pursuant to Section 3730.202(b), complainants
and respondents shall receive notice by certified mail of the time and place of the
hearing no less than 20 days before the hearing is held. In addition, complainants
must provide proof of service of the complaint on each respondent showing that
service was completed in compliance with Section 3730.105 no less than 20 days
before the hearing is held.
c) The Hearing Officer shall make available to any person copies of applications,
petitions, or complaints at the time the hearing date is announced.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.207 Prehearing Conferences
a) In any proceeding the Hearing Officer may direct parties or their attorneys to
appear, upon 10 or more days written notice, at a specified time and place for a
conference, prior to or during the course of hearing for the purpose of formulating
issues and considering:
1) The simplification of issues of fact and law;
2) the necessity or desirability of amending documents for the purpose of
clarification, amplification, or limitation;
3) the possibility of making admissions of certain averments of fact or
stipulations concerning the use of matters of public record to avoid
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unnecessary introduction of proof;
4) the limitation of the number of witnesses, including experts;
5) the propriety of prior mutual exchange between or among parties of
prepared testimony and exhibits; and
6) such other matters as may aid in the simplification of the evidence and
disposition of the proceeding.
b) Action taken at the conference shall be recorded in an appropriate ruling unless
the parties enter into written stipulations as to such matters, or agree to a
statement thereof made on the record by the Hearing Officer.
Section 3730.208 Discovery
a) Hearing Officer
1) The Hearing Officer may order production of documents or things,
depositions, or interrogatories in his or her discretion upon the written
request of any party or by the Department on its own motion, either by an
order directed to a party or by subpoena directed to a non-party:
A) when necessary to expedite the proceedings;
B) to ensure a clear or concise record;
C) to ensure a fair opportunity to prepare for the hearing; or
D) to avoid surprise at the hearing.
2) The Hearing Officer shall restrict such discovery when necessary to
prevent undue delay or harassment.
b) The Hearing Officer may in his or her discretion order the following discovery
upon written request of any party:
1) a list of witnesses who are known to the party, who have knowledge of the
occurrence or other relevant facts;
2) a list of expert witnesses who may be called at the hearing, which shall be
submitted to all parties prior to the hearing; and
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3) reasonable inspection of the premises by experts.
c) Any person, including a party, who is deposed, interrogated or required to submit
documents or things under this Section may be examined regarding any matter,
not privileged, that is relevant to the subject matter of the pending case, or that
may lead to the discovery of relevant information.
d) All depositions and interrogatories taken pursuant to this Section shall be for
purposes of discovery only, except as provided in this Section. The depositions
and interrogatories may be used for purposes of impeachment and as admissions
of the deposed or interrogated party. Upon application to the Hearing Officer
either before or after the taking of depositions or interrogatories and upon
showing that, at the time of the hearing, the party deposed or interrogated will not
be available to participate in the hearing because of death, age, sickness, infirmity,
absence from the Northeastern Illinois Metropolitan Region (specifically the
counties of Cook, DuPage, Kane, Kendall, Lake, McHenry and Will), or other
exceptional circumstances, the Hearing Officer may order that the deposition or
interrogatories be used as evidence in the hearing.
e) Upon transcription of the deposition, it shall be made available to the deponent for
examination and signature, unless signature is waived both by the deponent and
by the parties who are represented at the deposition. Any changes in form or
substance that the deponent desires to make shall be entered upon the deposition
by the court reporter taking the same with a statement of the reasons given by the
deponent making them. The deposition shall then be signed by the deponent
unless the deponent is ill or cannot be found or refuses to sign, in which event the
court reporter's certification shall state the reason for the omission of the
signature.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.209 Admissions
a) Request for Admission of Fact. A party, or the Department on its own motion,
may serve on any other party a written request for the admission by the latter of
the truth of any specified relevant fact set forth in the request.
b) Request for Admission of Genuineness of Document. A party or the Department
on its own motion, may serve on any other party a written request for admission
of the genuineness of any relevant documents described in the request. Copies of
the documents shall be served with the request unless copies have already been
furnished.
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c) Admission in the Absence of Denial.
1) Each of the matters of fact and the genuineness of each document of
which admission is requested is admitted unless, within 20 days after
service thereof, the party to whom the request is directed serves upon the
party requesting the admission either:
A) a sworn statement denying specifically the matters of which
admission is requested or setting forth in detail the reasons why he
cannot truthfully admit or deny those matters; or
B) written objections on the ground that some or all of the requested
admissions are privileged or irrelevant or that the request is
otherwise improper in whole or in part.
2) If written objections to a part of the request are made, the remainder of the
request shall be answered within the period designated in the request. A
denial shall fairly meet the substance of the requested admission. If good
faith requires that a party deny only a part, or requires qualification of a
matter of which an admission is requested, he shall specify so much of it
as is true and deny only the remainder. Any objections to a request or to
an answer shall be heard by the Hearing Officer upon prompt notice and
motion of the party making the request.
d) Effect of Admission. Any admission by a party pursuant to a request under this
rule is for the purpose of the pending action only. It does not constitute an
admission by him for any other purpose and may not be used against him in any
other proceeding.
Section 3730.210 Authority of Hearing Officer
The Hearing Officer shall have the duty to conduct a fair and impartial hearing, to take all
necessary action to avoid delay, to maintain order, and to ensure development of a clear and
complete record. He shall have all powers necessary to these ends including (but not limited to)
the power to:
a) require, when appropriate, all parties to state their position with respect to any
proposal, application, petition, or complaint;
b) administer oaths and affirmations;
c) examine witnesses and direct witnesses to testify;
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d) regulate the course of the hearing;
e) limit the number of times any witness may testify, limit repetitious or cumulative
testimony, and establish reasonable limits on the amount of time each witness
may testify;
f) to issue discovery orders pursuant to Section 3730.208;
g) to issue subpoenas pursuant to Section 3730.212;
h) conduct hearings and prehearing conferences;
i) Rule or reserve ruling on the admissibility of evidence and amendments to
pleadings;
j) continue a hearing from day to day or adjourn it to a later date by announcement
thereof at the hearing or by appropriate notice thereof to all parties; and
k) direct parties to enter their appearances on the record.
Section 3730.211 Hearing Procedure
a) General Provisions
1) All hearings shall be open to the public.
2) All testimony taken at such hearings shall be under oath or affirmation.
3) All relevant evidence is admissible if, in the opinion of the Hearing
Officer, it is of a type commonly relied upon by reasonably prudent men
in the conduct of their affairs. Objections to evidentiary offers may be
made and shall be noted in the record.
4) In determining the admissibility of evidence, the Hearing Officer shall
give consideration to, but not be bound by rules of evidence governing
civil proceedings.
5) Official notice may be taken of all facts of which judicial notice may be
taken and of other facts within the specialized knowledge and experience
of the Hearing Officer. Whenever official notice is requested or the
Hearing Officer intends to take such notice on his own motion, prior
notice shall be given to all parties with an opportunity to comment on the
relevance or accuracy of the material of which official notice may be
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taken.
6) Copies of direct testimony of any witness shall be served upon the Hearing
Officer at least 7 days in advance of the session of the hearing at which
such testimony is offered.
7) All motions and objections made during a public hearing shall be stated
orally on the record, including the grounds of such objection.
8) When objection is made to the admissibility of evidence, such evidence
may be received subject to such other objection and later ruling.
9) All motions other than those made during a hearing shall be in writing and
shall state briefly the order or relief applied for and the grounds for such
motion. Any such motion shall be filed with the Hearing Officer and a
copy thereof shall be served at the same time on the parties. Answering
statements, if any, shall be filed in writing with the Hearing Officer within
5 days after service of the motion upon the party filing the answering
statement, and a copy thereof shall be served within the same period upon
the other parties. The Hearing Officer may in his discretion, call for oral
arguments on any such motion.
10) Parties may agree by stipulation upon facts involved in the proceeding.
Any stipulation reached before a final determination by the Director shall
be submitted in writing to the Hearing Officer and shall become effective
only if approved by the Hearing Officer.
11) Statements from interested citizens may be presented if authorized by the
Hearing Officer. These statements are subject to the same Rules and
Regulations as herein set forth.
b) Cross-Examination
1) Upon the hearing of any action any party thereto or any person for whose
immediate benefit the action is prosecuted or defended, or the officers,
directors or managing agents or any party to the action, may be called and
examined as if under cross-examination at the instance of any party. The
party calling for the examination is not precluded from rebutting the
testimony thus given by countertestimony and may impeach the witness
by proof of prior inconsistent statements.
2) If the Hearing Officer determines that a witness is hostile or unwilling, he
may be examined by the party calling him as if under cross-examination.
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3) The scope of cross-examination shall be defined by those issues relevant
to the Director's determination.
4) Repetitious cross-examination may be limited by the Hearing Officer.
c) Documentary Evidence
1) The Hearing Officer may receive material and relevant evidence which
would be relied upon by reasonably prudent persons in the conduct o f
serious affairs which is reasonably necessary to resolution of the issue for
which it is offered; provided that the rules relating to privileged topics
shall be observed.
2) the Hearing Officer shall exclude immaterial, irrelevant, and repetitious
evidence.
3) When the admissibility of disputed evidence depends upon an arguable
interpretation of substantive law, the Hearing Officer shall admit such
evidence.
4) Upon stipulation of the parties, the Hearing Officer may order the record
of any relevant prior proceeding before the Department incorporated into
the record of the present proceeding. In such an event, the Hearing
Officer shall incorporate the entire or appropriate portions of the record
constituting such prior proceeding into the present proceeding.
5) Relevant scientific or technical articles, treatises or materials may be
introduced into evidence subject to qualification of the author and subject
to refutation or disputation through any introduction of comparable
documentary evidence or expert testimony.
6) When a party desires to offer in evidence any portion of the record in any
other proceeding or previously filed applications, such portion or
application shall be offered in the form of an exhibit unless objected to or
otherwise stipulated by the parties. Upon objection such materials may be
submitted for admission pursuant to sub-section c(9) of this section.
7) When any material or relevant matter offered in evidence by any party is
embraced in a book, paper or document containing other matter not
material or relevant, the party offering the same shall plainly designate the
matter so offered. If, in the judgment of the Hearing Officer, such
immaterial or irrelevant matter would unnecessarily encumber the record,
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such book, paper or document will not be received in evidence as a whole,
but the material or relevant portions thereof, if otherwise admissible, may
be read into the record or a true copy thereof supplied in the form of an
exhibit.
8) When an exhibit of a documentary character is marked for identification
and offered in evidence, four copies thereof shall be furnished to the
Hearing Officer and one copy to each party who requests a copy unless the
Hearing Officer rules otherwise. Copies will be retained by the Hearing
Officer and the Department.
9) When a party desires to offer in evidence any evidence heretofore
considered in the issuance of a previous allocation order, such evidence
shall be reintroduced by the proponent thereof provided said proponent
has a witness or witnesses available who will state under oath that such
evidence represents his testimony and is subject to cross-examination.
d) Depositions. During the pendency of any proceeding, the Hearing Officer either
upon his own motion or upon application in writing by any party may cause the
deposition for use as evidence in the proceeding of any witness within or without
the State to be taken in the manner provided by law for depositions in civil actions
in the course of this State, and to that end may compel the attendance of witnesses
and the production of books, papers, accounts and documents. Except under
special circumstances and for good cause shown, no deposition may be taken
except upon 10 days prior notice to all parties.
e) Postponement or Continuance of Hearing.
1) A hearing may be postponed or continued for due cause by the Hearing
Officer upon his own motion or upon motion of a party to the Hearing.
2) Notice of motion for postponement or continuance shall be given in
writing, by the party requesting the motion, to all parties to the hearing
within a reasonable time in advance of the previously scheduled hearing
date.
f) Default. Failure of a party to appear on the date set for hearing, or failure to
proceed as ordered by the Hearing Officer shall constitute a default. Within 30
days after notice to the party of the default order and upon good cause being
shown, the party may move to vacate the default and be allowed to proceed as if
no default had been entered. Upon default the Director shall enter such order as is
appropriate based upon the evidence introduced at the hearing.
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Section 3730.212 Subpoenas
a) Pursuant to Section 10 of the Act, upon verified application to the Hearing Officer
by any party and upon a showing that such subpoena is reasonably required, or on
motion of the Hearing Officer, the Hearing Officer shall issue a subpoena for
attendance at a deposition or a hearing, which may include a command to produce
books, papers, documents, or tangible things designated therein and reasonably
necessary to resolution of the matter under consideration, subject to the
limitations on discovery prescribed by these Rules.
b) Every subpoena shall state the title of the action and shall command each person
to whom it is directed to attend and give testimony at the time and place therein
specified.
c) The Hearing Officer, upon motion made promptly and in any event at or before
the time specified in the subpoena for compliance therewith, may quash or modify
the subpoena if it is unreasonable and oppressive.
d) Any person served with a subpoena issued in accordance with these rules who
shall refuse or neglect to appear or to testify, or to produce books, papers,
accounts or documents as commanded in such subpoena shall be guilty of a Class
B misdemeanor.
Section 3730.213 Official Record
a) The petitioner or complainant, as applicable, shall provide a court reporter who
shall record and transcribe a stenographic record of all hearings and will provide
for such copies of the transcript as the Department may require for its own
purposes.
b) After the transcript is filed, the Hearing Officer shall entertain requests for
corrections and enter corrections either on the record of a subsequent hearing or in
an Order.
c) The transcript of the hearing, all pleadings, all exhibits entered into evidence, and
any documents officially noticed pursuant to Section 3730.211(a)(5) shall
constitute the record.
d) Transcripts of hearings conducted by the Department shall be kept in the custody
of the Department and will be open for inspection during the regular office hours.
Copies may be made at the expense of the interested party.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
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Section 3730.214 Order of Hearing Officer or Director
The Hearing Officer's findings and recommended order shall be presented to the Director for his
approval. The Director may issue the recommended order as his own or he may modify the
recommended order or reconsider the order or order a rehearing. Any party may petition the
Director for reconsideration or for a rehearing within 30 days of the issuance of the Director's
order. A copy of the order or decision of the Director shall be filed in the records of the
Department and served on each party to the proceeding. Any order and decision of the Director
shall be open for public inspection at his offices during regular office hours.
Section 3730.215 Hearing Officer's Proposed Order
Prior to, during or following the taking of testimony, the hearing of oral argument and the filing
of briefs, if any, filed with him by the parties, the Hearing Officer may require filing of proposed
orders including proposed findings of fact and conclusions of law.
SUBPART C: ALLOCATION RULES
Section 3730.301 Allocation Permits
a) No regional organization, municipality, political subdivision, agency or
instrumentality, or any other organization, association or individual desiring to
use water from Lake Michigan that is subject to allocation under the Act shall
divert or use any such water after July 1, 1977, unless it has previously obtained
from the Department a valid allocation permit.
b) The Department shall issue an allocation permit to any applicant it determines to
be entitled to an allocation of water from the Lake Michigan diversion according
to the criteria set out in this Subpart. The permit shall state the allocation the
applicant is allowed, the starting date and duration of the permitted allocation, and
such conditions as specified in Sections 3730.307 and 3730.309 as the
Department may require the applicant to comply with in order to receive or to
continue to receive its allocated share of the Lake Michigan diversion.
Allocations for residential, industrial and commercial uses will be limited for each
annual accounting period. Allocations for navigational makeup and discretionary
dilution will be limited by a running average over five annual accounting periods.
The Department will hold an amount of Lake Michigan water in reserve for
lockage and leakage that will be based on a running average over 40 annual
accounting periods.
c) If, over a five-year running period, a permittee appropriates water in amounts
greater than 105% of its allocation for that period or if it appropriates in excess of
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115% of its allocation in any one annual accounting period, the Department may
issue a notice of violation of the allocation permit.
d) If a permittee commits a permit violation under subsection (a), (b) or (c) or if it
fails to observe the conditions attached to its allocation permit, the Department
may issue a notice of violation. Upon hearing and determination of violation, the
permittee shall be deemed to have failed to obey an order made by the
Department and may be subject to a fine of not less than $1,000 and not more
than $10,000 to be recovered in the name of the People of the State of Illinois in
any court of competent jurisdiction. Each day in which the prohibited activity
continues shall constitute a new and separate violation of a Department order.
e) If, over a five-year running period, a permittee appropriates water in amounts less
than 90% of its allocation for the period, any entity or the Department, on its own
motion, may initiate proceedings for a modification according to Sections
3730.204(c) and 3730.310. Any modification shall be preceded by notice as
provided in Section 3730.206, and a hearing shall be held in conformance with
Subpart B.
f) If a permittee, because of physical limitations, cannot use an allocation, the
Department may allocate this water, after notice and a hearing, to another use
during an accounting period or hold it in reserve for future use without prejudice
to any permittee's allocation in succeeding accounting periods.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.302 Application
An application for an allocation permit shall contain the following information, to be filed on
forms provided by the Department:
a) The name and location of the applicant;
b) A description of the geographic area that the applicant supplies or intends to
supply with water, and the number of people residing within that area;
c) An enumeration of the uses to which the allocation is intended to be put,
including the proportion of the allocation that goes to each use;
d) A description of all proposed and existing systems for the storage, treatment,
transportation and distribution of water and the location of any discharge of
wastewater effluent within the area the applicant intends to supply with water
from the allocation, including the location, dates of construction, and major
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improvements of wells;
e) A description of all present sources of water supply, within the area described
under subsection (b), including a breakdown stating the amounts and quality of
water currently available and the quantity prospectively available from each
source;
f) A statement of anticipated future needs during the period for which application
for a water allocation is being made, including projected land use changes and
population changes and per capita use;
g) A description of the applicant's current and proposed water conservation
programs, measures and ordinances that promote the efficient use of its water
supply;
h) Such other information relevant to the Lake Michigan allocation as the
Department deems appropriate.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.303 Classification of Water Users
a) Applicants will be divided into broad categories determined by water use. The
categories in order of descending priorities are: Categories IA, IB, IIA, IIB and
III.
1) Category IA – Applicants whose primary water needs are
residential, commercial or industrial and whose
future or continued use of Lake Michigan water is
the most economical source of supply.
2) Category IB – Applicants whose primary water demands are
residential, commercial and industrial and whose
use of Lake Michigan water would reduce the
regional use of the deep aquifer.
3) Category IIA − Applicants whose primary water demands are for
the minimum flows necessary to meet navigation
requirements and minimum discretionary dilution
flows necessary to maintain the Chicago Area
Waterway System in a reasonably satisfactory
sanitary condition.
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4) Category IIB – Applicants whose water demands are for the
minimum discretionary dilution flows necessary to
meet water quality standards in the Chicago Area
Waterway System.
5) Category III – Applicants whose water demands do not fall into
Category IA, IB, IIA, or IIB.
b) In determining the need for Category IA and IB allocations, the Department will
consider the following items:
1) Adequacy of supply from sources other than Lake Michigan.
2) Economics of alternative supplies.
3) For new applicants, priority will be given to allocations for domestic
purposes.
4) For new applicants, allocations of Lake Michigan water will be made with
the goal of reducing withdrawals from the Cambrian-Ordovician Aquifer
(deep aquifer).
c) In determining the need for priorities within Categories IIA and IIB, the
Department will consider the following items:
1) A limitation of 270 cubic feet per second for discretionary dilution for
water quality purposes in the Chicago Area Waterway System.
2) The need to meet navigation requirements in the Chicago Area Waterway
System.
3) The minimum discretionary diversion needed to keep water quality in the
Chicago Area Waterway System in a reasonable satisfactory sanitary
condition.
d) Category III applicants do not qualify for an allocation of water from Lake
Michigan.
e) The Department will normally make allocations to meet the full water needs of
Category IA and IB applicants as determined by the Department before any water
is allocated to applicants in Category IIA and IIB.
f) In determining the amount of water available for allocations to Categories IA, IB,
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IIA and IIB, the Department will consider the amount of water that must be
reserved for storm water runoff, lockage and leakage and a reserve for future
increases in demands and storm water runoff.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.304 Water Needs Criteria
The Department will determine anticipated water needs for each applicant. The Department will
take into consideration in making that determination the population of the area to be served,
projected population growth, current and projected per capita consumption within the area, the
nature and extent of industrial uses (including a consideration of typical requirements for similar
industries), municipal and hydrant uses (public facilities, park upkeep, fire protection),
implementation of conservation practices, and the reduction of non-revenue water as required by
this Section.
a) Conservation practices that will be considered with respect to applicants in
Categories IA and IB include the extent of metering, the provision of building
codes for water efficient equipment, ordinances that promote the efficient use of
water for lawn sprinkling and other outside uses, rate structures that encourage
conservation, past record of enforcement of water saving ordinances, expenditures
for maintenance and repair of water distribution systems, and implementation of
specific ground water conservation levels of usage recommended by State or
regional planning agencies. The Director may establish maximum reasonable per
capita consumption rates for each user based upon either an evaluation of the
relative proportion of industrial, commercial and residential users served by the
permittee or the efficiency of the permittee's water distribution system, or both.
Applicants in Categories IA and IB shall limit non-revenue water so that it is less
than 12% of net annual pumpage in Water Year 2015, decreasing to no more than
10% by Water Year 2019 and all years thereafter. Applicants whose non-revenue
water exceeds the non-revenue thresholds (12% in Water Year 2015, decreasing
to 10% in Water Year 2019) shall submit a water system improvement plan that
outlines the actions the applicant plans to undertake, along with a timeframe, to
reduce non-revenue water to less than the thresholds outlined in this subsection.
The Department may grant a waiver to the requirement to submit a water system
improvement plan to an applicant whose non-revenue water exceeds the
thresholds if it can be shown that the reason for exceeding the non-revenue water
threshold is due to metered, but unbilled, consumption or to authorized,
unmetered, unbilled consumption when the quantity can be determined through
acceptable engineering practices. The Department will consider this information
in determining proper allocation amounts.
b) Conservation practices that will be considered with respect to applicants in
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Categories IIA and IIB include improved and more accurate measurement and
accounting procedures, improved treatment of all wastewater flows, elimination
of untreated combined sewer bypass flows, reasonable use of aeration facilities,
implementation of navigational and storm response operations, and procedures to
minimize Lake Michigan diversion and implementation of effective programs of
leak prevention, detection and correction.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.305 Emergencies
a) Upon the occurrence of an unforeseen event and where necessary to safeguard the
health, safety, or welfare of the people of the State of Illinois, the Director shall
make an emergency allocation of water upon a showing by any user or applicant
that:
1) A water shortage emergency exists, threatening the public health, safety,
or welfare of people whom the user or applicant intends to supply with
water; and
2) the user or applicant is making provisions to prevent the continuation or
recurrence of such emergency allocations by developing alternative
sources of water supply.
b) The effectiveness of an emergency allocation order shall last until the Department
has issued and entered an order after a hearing regarding the emergency allocation
is held in accordance with Section 3730.202(d).
c) All hearings on emergency allocations will be held after notice has been given
pursuant to Section 3730.206(a).
(Source: Amended at 9 Ill. Reg. 386, effective January 1, 1985)
Section 3730.306 Transfer of Water Use Rights
a) A user may not transfer any portion of its allocation of Lake Michigan water to
another user unless the transferor has satisfied all of the conditions precedent
attached to its water allocation permit and the Department has approved the
transfer according to the procedures in subsection (b) or (c).
b) All requests for transfers, except those described in subsection (c), shall be
processed as petitions for modification of the allocation permits of the transferor
and the transferee according to Sections 3730.204(c) and 3730.310. These
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requests shall not be approved or disapproved unless notice has been given as
provided in Section 3730.206 and a hearing has been held in conformance with
Subpart B.
c) Any request for a transfer that includes the following statements may be approved
by the Department after 30 days notice to all permittees and an opportunity for
hearing has been provided:
1) The transferor must have satisfied all of the conditions precedent attached
to its water allocation permit.
2) The transferee must be a duly constituted regional water supply
organization.
3) The transferor and transferee must clearly indicate that the transferee
assumes responsibility for compliance by the transferor with the
requirements of Sections 3730.307 and 3730.309.
4) The requested transfer must comprise 100% of the transferor's allocation.
5) The transferred allocation must be used solely by the transferor.
d) Transfers to another user of any part of an allocation, except those transfers
described in subsection (c), will be considered prima evidence of a reduction in
the transferor's water use needs equivalent in size to the transferred allocation
when the transferor applies for a renewal permit. However, evidence that an
applicant has obtained additional Lake Michigan water from other users beyond
that amount originally allocated to the transferee will not be sufficient to establish
a prima facie case that the transferee-applicant's original allocation should be
increased by a corresponding amount.
e) All transfers terminate upon the expiration of the transferor's allocation permit.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.307 Conservation Practices and Other Permit Conditions
a) The Department shall condition allocations within a user category upon required
conservation practices for each user category as specified in subsections (b) and
(c). Failure by any permittee to meet the conservation requirements applicable to
it within a reasonable period of time will, upon notice, hearing and determination
of the failure, constitutes a violation of a Department order.
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b) Permittees in Categories IA and IB shall limit non-revenue water so that it is less
than 12% of net annual pumpage (system input volume) in Water Year 2015,
decreasing to no more than 10% by Water Year 2019 and all years thereafter.
Permittees whose non-revenue water exceeds the non-revenue thresholds (12% in
Water Year 2015, decreasing to 10% by Water Year 2019) shall submit a water
system improvement plan that outlines the actions the permittee plans to
undertake, along with a timeframe, to reduce non-revenue water to less than the
thresholds outlined in this subsection. The Department may grant a waiver to the
requirements to submit a water system improvement plan to a permittee whose
non-revenue water exceeds the thresholds if it can be shown that the reason for
exceeding the non-revenue water threshold is due to metered, but unbilled,
consumption or to authorized, unmetered, unbilled consumption when the
quantity can be determined through acceptable engineering practices. The
Department recognizes that actions necessary to reduce water losses can require
significant capital expenditures and a lengthy timeframe, and that communities
face other pressing infrastructure needs, and will take this into account in
reviewing and approving water system improvement plans.
c) The Department shall require evidence of adoptions by the permittee of the
following conservation practices as applicable to the particular user:
1) Leakage monitoring and correction for storage, transmission and
distribution systems.
2) Metering of all new construction. When practicable and feasible, the
Department recommends sub-metering in new multi-family buildings.
3) Metering of existing non-metered services as part of any major
remodeling.
4) The adoption of ordinances requiring that new and replacement plumbing
fixtures be a labeled WaterSense product, as specified by USEPA.
5) The adoption of ordinances requiring the installation of closed system air
conditioning in all new construction and in all remodeling.
6) The adoption of ordinances requiring that all lavatories for public use in
new construction or remodeling be equipped with metering or self-closing
faucets.
7) The adoption of ordinances requiring that all newly constructed or
remodeled car wash installations be equipped with a water recycling
system.
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8) The adoption of ordinances that restrict non-essential outside water uses to
prevent excessive, wasteful use. These shall provide that unrestricted
lawn sprinkling will not be allowed from May 15 through September 15 of
each year by requiring, as a minimum, that lawn sprinkling shall not occur
on consecutive days nor shall any lawn sprinkling occur during at least a 6
hour period in the middle of the day (i.e., 10 a.m. through 4 p.m., noon to
6 p.m.) when evapotranspiration is at its highest. New lawns (less than 3
months old) may be exempted from this provision. In addition,
new/replacement sprinkler systems shall be equipped with a WaterSense
labeled irrigation controller and shall be in compliance with Section 2.5(g)
of the Illinois Plumbing License Law [225 ILCS 320].
9) Development and implementation of public programs to encourage
efficient water use.
10) Installation of facilities and implementation of programs to reduce to a
reasonable minimum, and to accurately account for, water used for
navigational and discretionary diversion purposes.
d) Within 90 days after receipt of an allocation permit, each permittee that uses any
water from deep aquifer pumpage shall submit and implement a phased program
designed to end this practice, other than for emergency or standby use, within five
years after the receipt of Lake Michigan water. New applicants may petition the
Department for a waiver of this requirement, which the Department may grant if it
determines that the applicant has a legitimate legal or practical basis for its
inability to comply with this requirement and when a partial allocation of Lake
Michigan water will result in reduced pumpage from the deep aquifer. Existing
permittees are not eligible to petition the Department for a waiver of this
requirement.
e) As a condition of receiving an allocation of Lake Michigan water, all permittees
will limit unmetered hydrant uses to 1% or less of net annual pumpage in each
annual accounting period. The Department may grant an exception to this
requirement if it can be shown by the user that this requirement can't be met. In
determining the merits of a request for an exception, the Department considers
such factors as engineering studies of hydrant uses and unusual circumstances
during an annual accounting period.
f) The Department recommends that all permittees adopt water rate structures based
on metered water use and that water rate structures be developed that will
discourage excessive water use. The Department also recommends that water
rates reflect the full cost of water, including the long term cost to properly
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maintain and operate the water supply distribution system in such a manner as to
keep system losses to a minimum.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.308 Duration of Permit and Renewals
a) The Department shall determine the duration of each allocation permit, which
shall be stated upon the face of the permit.
b) At the expiration of each allocation permit, the permit shall be renewed year by
year in the same amount and on the same conditions as were in force upon
expiration of the permit, unless any entity, or the Department on its own motion,
files a petition for modification in compliance with Section 3730.204 (c) and
3730.310 and the Department determines that the petition is not frivolous. A
permit shall remain in force and effect pending a determination by the Department
of the issues raised in the modification proceedings.
Section 3730.309 Reporting Requirements
a) Within 60 days after the end of each accounting period, all permittees shall
furnish the following information and such other information relevant to the Lake
Michigan allocation as the Department may require on forms provided by the
Department:
1) Total water use from all sources for the accounting year and the
percentage of water distributed through metered services;
2) Average daily water use by month from all sources for the accounting
year;
3) Maximum and minimum daily pumpage from all sources for the
accounting year and the dates of these events;
4) Total pumpage from Lake Michigan, shallow aquifer wells, and deep
aquifer wells, including the number and location of each well, and the
percentage of total water use for the accounting year from each source;
5) Individual well production rates for the accounting year, including well
numbers, average pumping rates, and average number of hours pumped
per day;
6) For each well, a list of all parameters that exceed the standards in 35 Ill.
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Adm. Code 620;
7) A list of which wells, if any, interfere with each other during simultaneous
pumping;
8) A description of any problems anticipated from any well supply during the
next accounting period;
9) The amount and percentage of water from all sources for the accounting
period used for each of the following purposes:
A) Residential,
B) Industrial and commercial,
C) Municipal,
D) Firefighting and training,
E) Water main flushing,
F) Sewer flushing,
G) Street cleaning,
H) Public and private construction,
I) Leakage,
J) Lockage,
K) Storm water runoff,
L) Navigational makeup,
M) Discretionary diversion,
N) Unmetered services,
O) Non-revenue water, and
P) Other identified uses;
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10) Summaries of the results and recommendations of any leak surveys
conducted in the accounting period;
11) Amounts transferred and sources of all water sold or otherwise provided to
any other named distribution system during the accounting period;
12) A copy of the current water rates for all consumers, including an
indication whether each water rate structure is declining, flat or increasing ;
and
13) The name, address and telephone number of the person the Department
should contact if further information is needed.
b) Within 30 days after the end of each month, all permittees with an intake structure
on Lake Michigan shall state the daily pumpage rates for Lake Michigan water,
the monthly average pumpage rate, the average daily supply transferred to other
named entities, and such other information relevant to the Lake Michigan
allocation as the Department may reasonably require on forms provided by the
Department.
c) Within 30 days after the end of each month, all permittees who are the first
Illinois users of water diverted from Lake Michigan outside Illinois shall state the
daily pumpage rates for Lake Michigan water, the monthly average pumpage rate,
the average daily supply transferred to other entities, and such other information
relevant to the Lake Michigan allocation as the Department may reasonably
require on forms provided by the Department.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
Section 3730.310 Petitions for Modification
a) Petitions for modification of an allocation permit may be filed by any entity at any
time. Petitions for modification must comply with Section 3730.204(c). If the
Department finds that any such petition is supported by an adequate statement of
reasons, is not plainly devoid of merit or frivolous, and does not deal with a
subject on which a hearing has been held within the preceding six months, a
hearing shall be held pursuant to Sections 3730.201 through 3730.215. Copies of
each petition for modification shall be served upon all parties to the allocation
proceedings. A copy of the service list may be obtained from the Department.
b) Bases for modification of an allocation permit include, but are not limited to:
1) Evidence of a substantial change in circumstances that results in a change
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in water needs of the entity;
2) Violation of a permit condition and/or failure or neglect to properly utilize
an allocation;
3) Determination by the Department that a total reallocation is necessary to
best utilize the Lake Michigan diversion to preserve the health, safety and
welfare of the Northeastern Illinois Metropolitan Region; or
4) Notification received by the Department from the Illinois Environmental
Protection Agency stating that pollution abatement facilities affecting the
water quality of the Chicago Area Waterway System have become
operational or that standards affecting the water quality of the Chicago
Area Waterway System have been changed.
c) In the Department's determination of the outcome of a modification proceeding,
the Department shall determine the effect of a modification on any outstanding
securities, debt obligations or contractual obligations of any permittee whose
allocation is the subject of the modification proceeding and shall endeavor to
avoid any material adverse effect on these obligations.
d) The Department may, in its discretion, schedule a hearing upon any petition
without regard to the existence of the factors listed in subsection (b) if it deems
holding the hearing to be in the public interest.
(Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014)
SUBPART D: ADMINISTRATIVE REVIEW
Section 3730.401 Administrative Review
All final administrative orders of the Director except those orders which deal with rulemaking
shall be subject to judicial review pursuant to the Administrative Review Law [735 ILCS 5/Art.
III] by filing a complaint and causing the issuance of summons on the Director and on each of
the other defendants within 35 days from the date that a copy of such order sought to be
reviewed was served.
Section 3730.402 Modification of Order and Decision of Department
The Director at any time prior to the date on which he is required to file his answer in a judicial
review proceeding may upon reasonable advance notice given to all parties by registered or
certified mail, which notice shall not be less than ten days in advance of such date, modify or set
aside in whole or in part the Order and Decision appealed from.
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SUBPART E: PENALTIES
Section 3730.501 Penalties
Any person who shall neglect or refuse or fail to obey any lawful order made by the Department
or to carry the same into effect in accordance with the terms thereof shall be guilty of a business
offense and shall be liable to a fine of not less than $1,000.00 nor more than $10,000.00 to be
recovered in the name of the People of the State of Illinois in any court of competent jurisdiction,
as provided in Section 8 of the Act.
96
TITLE V: PUBLIC WORKS
Chapter
50. SOLI D WASTE
51. WATER
52. SEWER USE CHARGES AND RATES
97
CHAPTER 50: SOLID WASTE
Section
General Provisions
50.001 Definitions
Ref use
50.015 Preparati on for collection
50.016 Containers
50.017 Storing of refuse
50.018 Points of collection
50.019 Refuse
50.020 Combustible refuse
50.021 Refuse collection fee
Collection
50.035 Collection by the city
50.036 Supervision enforcement
50.037 Appeals from decision of City Manager
50.038 Frequency of collection
50.039 Limitation on quantity
50.040 Special refuse problems
50.041 Collection by actual producers and licensed collectors
50.042 Establishment of rules and regulations
50.043 Commercial an d contractor use
50.044 Use of Route 60 Drop off Compost and Recycling Center
Scavengers
50.055 Permit required; fee
50.056 Application for permit
50.057 Vehicles
50.058 Disposal of refuse
50.059 Hour of operation
Hazardous Materials
50.070 Resp onsibility
50.071 Definitions
50.072 Nuisance
50.073 Liability for abatement of nuisance
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50.074 Use, storage or production of hazardous materials
50.075 Movement of hazardous materials
50.076 Procedure for assignment of hazardous materials access rou te
50.077 Disposal of hazardous materials
50.078 Right to know; disclosure requirements
50.079 Post of notices
50.080 Severability
50.999 Penalty
GENERAL PROVISIONS
§ 50.001 DEFINITIONS.
For the purpose of this chapter, the following definiti ons shall apply unless the context clearly indicates
or requires a different meaning.
ASHES. The residue from the burning of wood, coal, coke or other combustible materials.
BULKY WASTE. Large items including, but not limited to, appliances, furniture, tires, large auto parts,
logs and stumps, whose size complicates their handling by normal collection, processing or disposal methods.
CITY. The City of Lake Forest, in Lake County, Illinois.
COMMERCIAL WASTE. All garbage or other , refuse or rubbish f rom an establishment engaged in
business, including stores, markets, office buildings, restaurants, shopping centers, theaters and schools.
COMPOSTING. A controlled process of microbial degradation of organic material into a stable, humus-
like product.
CONSTRUCTION DEBRIS. Waste building materials, dirt, gravel and rubble resulting from
construction, remodeling, repair or demolition operation on houses, commercial buildings or other structures
or pavement.
DIRECTOR OF PARKS, FORESTRY AND PUBLIC WORKS or DIRECTOR. The duly appointed and
acting Director of Parks, Forestry and Public Works of for The City of Lake Forest.
GARBAGE. Putrescible animal and vegetable waste resulting from the handling, processing, storage,
packaging, preparation, cooking, serving and sale of food (also refuse).
HAZARDOUS WASTE. Solid and liquid waste which is either corrosive, flammable, explosive or toxic.
These include, but are not limited to, medical waste, paints, caustics, oils, solvents and similar chemicals and
materials.
MIXED REFUSE. A mixture of solid wastes containing both putrescible and non-putrescible materials.
PARKWAY. The part of a street or highway, on each side of the roadway or pavement thereof, lying
between the outer edge of the pavement or roadway and the property lines bounding the street.
99
PERSON. Any person, firm, partnership, association, corporation, company, political sub-division, state
agency or organization of any kind.
PUTRESCIBLE WASTE. Waste which undergoes progressive chemical decomposition of organic
matter, resulting in the production of foul smelling matter.
RECYCLABLE MATERIALS. Brown, green and clear glass, aluminum, tin and bi -metal cans, plastics
#1 - #5 and #7, newspaper , office paper, paperback books, wrapping paper, phonebooks,s and cardboardand
clear plastics.
REFUSE. Putrescible animal and vegetable waste resulting from the handling, processing, storage,
packaging, preparation, cooking, serving and sale of food (also garbage).All putrescible and non-putrescible
solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, solid market wastes, industrial wastes, logs and stumps.
RUBBISH. Non-putrescible solid household wastes (excluding ashes) consisting of both combustible and
non-combustible household wastes such as paper, cardboard, rags, boxes, excelsior, chips, glass, bottles,
crockery, metal articles and similar materials and objects of such shape, weight, volume and character as to be
readily transportable by the city’ s collectors.
SPECIAL PICKUP.
(1) A service provided through the service request program; entitled as a SPECIAL PICKUP is
required for the collection of large and difficult to handle items.
(2) Such a pickup must be scheduled in adv ance of collection.
(3) Such a pickup must be placed on the parkway along the pavement edge on the scheduled
collection day before 7:00 a.m.; however, such a pickup shall not be placed on the parkway more than 24
hours prior to the scheduled collection day.
(43) A fee may be assessed for the special collection of bulky materials whose volume exceeds one
yard , as more fully described in the Sanitation Rules and Regulations.
YARDWASTE YARD WASTE . Grass clippings, leaves, shrub and tree trimmings of less than six inches
in diameter.
(Prior Code, § 18-1) (Ord. 91-59, passed 9-3-1991)
REFUSE
§ 50.015 PREPARATION FOR COLLECTION.
(A) Ashes. Ashes put out for collection shall be cold and shall contain no hot or “ live” coals or embers.
Ashes shall not b e placed in the same container with garbage, rubbish or other refuse.
(BA ) Bulky waste.
(1) Items defined as bulky waste shall not be eligible for regular twice-weekly collection. The
collection of these items, with the exception of logs or stumps, must be scheduled in advance as a special
100
pickup.
(2) Logs, large branches or stumps exceeding six inches in diameter shall not be scheduled in
advance and collected as a special brush pickup through the Forestry Sectionunder any circumstances.
(CB) Construction debris. Those items defined as construction debris shall not be collected by the city
eligible for regular twice-weekly collection. The collection of construction debris must be scheduled in
advance as a special pickup .
(DC) Garbage or other r efuse. All garbage, or other refuse, before being placed in garbage cans for
collection, shall have drained from it all free liquids and shall be wrapped in paper, or placed in a plastic or
paper trash bag.
(ED) Recyclables. All recyclable materials shall be prepared as directed by the Sanitation Rules and
Regulations. All recyclables must be placed in approved carts or bins.
(F) Refuse. Refuse, other than ashes, garbage and rubbish, shall not be collected by the city’ s collectors
except by a special pi ckup arrangement with the Public Works Department, and may be subject to a special
charge.
(G) Rubbish. All rubbish shall be drained of liquid before being deposited for collection. Rubbish may be
placed in the same containers with garbage.
(HE) Yardwa steYard waste. Leaves and lawn clippings shall be deposited in biodegradable paper
bags. Each biodegradable bag must have a city yardwasteyard waste sticker purchased from the city affixed to
it. Tree trimmings of less than six inches in diameter, hedge cli ppings and similar material shall be cut to a
length not to exceed four feet in length and securely tied in bundles not to exceed two feet in thickness before
being deposited on the parkway for collection. Each bundle must have a city yardwasteyard waste sticker
affixed to it. Christmas trees are pickup curbside on scheduled recycling days during the month of January.
Trees must cut in six (6) foot lengths, free of all lights and ornaments. Trees that are placed out for collection
cannot be placed in plastic bags. Trees must be placed at the curb on the scheduled day by 7:00 a.m. and no
more than 24 hours prior to the scheduled collection.
(IF) Compliance. No garbage or other refuse shall be collected by the city’s collectors under any
circumstances u nless the materials to be collected are prepared in accordance with the provisions of this
section.
(Prior Code, § 18-8) (Ord. 91-59, passed 9-3-1991)
§ 50.016 CONTAINERS.
(A) Duty to provide and maintain in sanitary condition. Containers for ashes, garbage or other refuse
and rubbish shall be provided by the owner, tenant, lessee or occupant of the premises. One recycling
container will be provided by the city, at no charge, to each household in the city. Containers shall be
maintained in good condition. Any container non-city issued recycling container or private waste container
that does not conform to the provisions of this subchapter, or that may have ragged or sharp edges or any
other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced
upon notice. The Director shall have the authority to refuse collection services for failure to comply herewith.
(B) Ashes. Ash containers shall be made of metal, and have a capacity of not more than 21 gallon s. Such
containers shall be provided with suitable handles.
101
(CB) Garbage or other refuse and rubbish. All residential garbage and rubbish containers shall be of
water -tight construction and be provided with a lid or cover and suitable handles. The contai ners shall be kept
covered at all times except when depositing waste or removing same. Containers shall have a capacity of not
more than 32 gallons, and shall weigh not more than 80 pounds when filled. Up to four containers for garbage
are allowed per household per collection.
(D) Recyclables. Residential recyclables shall be stored in the city-provided 65-gallon or 35-gallon
recycling cart. an open rectangular bin constructed of not less than 10% recycled plastics or materials.
Designated areas within t he city may continue to use the city -provided open rectangular bin with Director
approval. One bin cart shall be provided by the city, at no charge, to each household in the city. Additional
bins carts or replacement bins carts shall be available from the city for a fee.
(E) YardwasteYard waste. Leaves and lawn clippings shall be deposited in biodegradable paper bags.
Each bag must have a city yardwasteyard waste sticker affixed to it. which must be purchased from the city.
(Prior Code, § 18-9) (Ord. 91-59, passed 9-3-1991)
§ 50.017 STORING OF REFUSE.
(A) Public places. No person shall cast, place or deposit any refuse in any street, parkway, alleyway,
park or other public place, or upon any private property, whether owned by such person or not, within the
city, except it be in proper containers for collection or under express approval granted by the Director. Nor
shall any person throw or deposit any refuse in any stream or other body of water.
(B) Unauthorized accumulation. Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited. Failure to remove any accumulation of refuse within ten days after
notice by the Director, any of his or her duly authorized assistants or subordinates, or any other of ficer of the
city empowered to enforce the ordinances thereof, shall be deemed a violation of this subchapter.
(C) Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the city any
refuse in such a manner that it may be car ried or deposited by the elements in or upon any street, sidewalk,
alley, sewer, parkway, park or other public place, or into any occupied premises within the city.
(Prior Code, § 18-10) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.018 POI NTS OF COLLECTION.
(A) Ashes, g Garbage or other refuse and rubbish. Containers of ashes, garbage and rubbish shall be
placed for collection at or near ground level on the property, and at or near the rear or servicegarage door of
the principal building or buildings on the premises. Collectors shall not be permitted to enter houses, enclosed
porches, garages or similar enclosures to make collections. Containers of refuse shall not be placed within the
right -of -way of any street or alley. Lids on garbage cans need to be secured from the effects of wind and
wildlife.
(B) Recyclables. Bins Carts or bins containing recyclable materials shall be placed on the parkway along
within five feet of the public pavement edge. The carts or bins shall be placed on the parkway prior to 7:00
a.m. on the scheduled collection day; however, carts nor bins shall not be placed on the parkway more than 24
hours prior to the scheduled collection time, nor shall any carts nor bins remain on the parkway for more than
24 hours after collection has occurred.
(C) YardwasteYard waste. All yardwasteyard waste must be placed on the parkway along the pavement
edge for collection. The yardwasteyard waste bags shall be placed on the parkway prior to 7:00 a.m. on the
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scheduled collection day ; however, yardwasteyard waste shall not be placed on the parkway more than 24
hours prior to the scheduled collection time..
(D) Exception. Where circumstances warrant, exceptions may be made to the above, but only upon
express authorization by the Di rector of Parks, Forestry and Public Works.
(Prior Code, § 18-11) (Ord. 91-59, passed 9-3-1991)
§ 50.019 REFUSE.
(A) It shall be unlawful for any person, firm or corporation to deposit anywhere in the city a pile of
refuse, garbage, offal or carcasses of dead animals, except as directed by the Director of Parks, Forestry and
Public Works or the City Health Officer . Such refuse must be buried at least two feet below the surface of the
ground, or burned in properly constructed incinerators, or otherwise properly disposed of.
(B) Any uncovered pile of refuse is declared to be a nuisance.
(Prior Code, § 18-12) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.020 COMBUSTIBLE REFUSE.
It shall be unlawful to permit or store any combustible refuse in such a way as to create a fire hazard, or
to store or throw any refuse of any kind on any street, alley or other public place.
(Prior Code, § 18-13) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.021 REFUSE COLLECTION FEE
A refuse collection fee shall be assessed quarterly for residential (single-family attached and single family
detached dwelling units) and included on the quarterly water bills in accordance with the amount set out in the
fee schedule.
COLLECTION
§ 50.035 COL LECTION BY THE CITY.
(A) All garbage or other refuse and rubbish accumulated in the city shall be collected, conveyed and
disposed of by the city, or by persons authorized and licensed by the city to perform such collection,
conveyance and disposal servi ce. No person shall collect, convey over any of the streets or alleys of the city,
or dispose of, any refuse accumulated in the city without being licensed and authorized to do so by the city ,
except as follows.
(B) The provisions of this subchapter shall not prohibit the actual producers of refuse, or the owners of
premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such
refuse; providing, such producers or owners comply with the provisions of this subchapter and with any other
governing regulations, laws or ordinances.
(Prior Code, § 18-20) (Ord. 91-59, passed 9-3-1991)
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§ 50.036 SUPERVISION ENFORCEMENT.
All ashes, garbage or other refuse and rubbish collected, conveyed and disposed of by the city shal l be
collected, conveyed and disposed of under the direction and supervision of the City Manager or the Director
of Parks, Forestry and Public Works as the City Manager’ s designated representative. The City Manager shall
have the authority to make regulati ons concerning the days of collection, type and location of waste containers
and other matters pertaining to the collection, conveyance and disposal of ashes, garbage, rubbish and other
refuse as he or she shall find necessary, and to enforce such regulati ons; and to change and modify regulations
after notice as required by law, provided that such regulations are not contrary to, or inconsistent with, the
provisions hereof, and shall be approved by the City Council.
(Prior Code, § 18-21) (Ord. 91-59, passed 9 -3-1991; Ord. 1283, passed 6-7-1982)
§ 50.037 APPEALS FROM DECISION OF CITY MANAGER.
Any person aggrieved by a regulation of, or fee charged by, the City M anager shall have the right to
appeal to the appropriate Public Works Ccommittee of the City Council, who shall have the authority to
confirm, modify or revoke any such regulation or fee.
(Prior Code, § 18-22) (Ord. 91-59, passed 9-3-1991; Ord. 1283, passed 6-7-1982)
§ 50.038 FREQUENCY OF COLLECTION.
Ashes, g Garbage and rubbish accumulated on premises shall be collected by the city’s collection services
crews on such schedule and in such manner, with or without charge, as may be prescribed by the regulations
for such collection services made by the City Manager and approved by the City Council, all in accordance
with the provisions of this subchapter.
(A) Residential (single-family attached and single family detached dwelling units only and duplex housing
only.). Ashes, g Garbage, rubbish and yardwasteyard waste accumulated on residential pr emises shall be
collected by the city’s collection services crews on a twice weekly basis, except where equipment breakdowns,
holidays, weather conditions, road conditions or other circumstances beyond the control of the city shall
interfere with the presc ribed collection schedule, and except where it is agreed between the City Manager and
the occupant of a residence that less frequent collections will suffice for that particular residence.
(B) Public school districts. Garbage or other refuse and recyclin g accumulated on public school district
premises shall be collected by the city’s collection crews on a schedule agreeable to the city and the school
district, as listed within the service contract.
(B) Commercial, institutional and residential (other than single-family attached and single family
detached dwelling units, and duplexand public school districts). The collection of refuse, garbage or other
refuse, trash or any similar material from stores, offices, restaurants, hotels, clubs and such other
establishments and institutions by City sanitation crews shall be prohibitedallowed as determined by the City
Manager .
(C) Recyclables. Recyclable materials shall be collected by the city’ s collection services crews on a once
a week basis, except where eq uipment breakdowns, holidays, weather conditions, road conditions or other
circumstances beyond the control of the city shall interfere with the prescribed collection schedule.
(Prior Code, § 18-23) (Ord. 1283, passed 6-7-1982; Ord. 1518, passed 6-15-1985; Ord. 91-59, passed 9-3-
1991) Penalty, see § 50.999
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§ 50.039 LIMITATION ON QUANTITY.
(A) Residential (sSingle-family attached and single family detached dwelling units only, residential and
duplex only). The quantity of ashes, garbage or other refuse or rubbish to be collected at any single collection
without special charge shall not exceed the equivalent of the contents of four 32-gallon containers. The
quantity of recyclables to be collected at any single collection shall not exceed the contents of two approved
recycling bins.
(B) Commercial, institutional and residential (other than single-family attached and single family
detached dwelling units and duplex). Shall be subject to the regulations made by the City M anager as approved
by the City Council .
(C) Special charges. Special charges made for collections of quantities in excess of those stated in this
subchapter shall be established.
(Prior Code, § 18-24) (Ord. 91-59, passed 9-3-1991)
§ 50.040 SPECIAL REFUSE PROBLEMS.
(A) Contagious di sease refuse. The removal of wearing apparel, bedding or other refuse from homes or
other places where highly infectious or contagious diseases have prevailed shall be performed as directed by,
and under the supervision of the city’ s Health Officer and the Fire Chief. Such refuse shall not be placed in
containers for regular collections.
(B) Inflammable, explosive or other dangerous refuse. Highly inflammable or explosive materials, acids,
highly corrosive materials and other materials, the handling or disposal of which would present a hazard to the
city’s collectors or to the public, shall not be placed in containers for regular collection but shall be disposed
of as directed by the Fire Chief at the expense of the owner or possessor thereof.
(Prior Code, § 18-25) (Ord. 91-59, passed 9-3-1991)
§ 50.041 COLLECTION BY ACTUAL PRODUCERS AND LICENSED COLLECTORS.
(A) Requirements for vehicles. The actual producers of refuse or the owners or occupants of premises
upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who
desire to collect and dispose of waste material not included in the definition of refuse, and collectors of refuse
licensed by the city to make such collections who desire to haul refuse over the streets of the city, shall use a
water -tight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping
therefrom and refuse from being blown, dropped, spilled from the vehicle.
(B) Disposal. Disposal of refuse by persons so permitted under division (A) above shall be made as
specifically authorized by the Director. The Director shall have the authority to permit the disposal of such
material at the Route 60 Drop Off Compost and Recycling Center, provided the required charges or fees are
paid by the person or persons proposing to dispose of refuse under the provisions of division (A) above.
(C) Recyclables property of city. Ownership of recyclable materials set out for collection by the city’s
collectors or deposited at the Route 60 Drop Off Compost and Recycling Center shall be vested in the city.
(D) Refuse property of the city. Ownership of refuse material set out for collection by the city’s
collectors or deposited at the Route 60 Drop Off Compost and Recycling Cent er shall be vested in the city.
(Prior Code, § 18-26) (Ord. 91-59, passed 9-3-1991; Ord. 93-52, passed 8-2-1993)
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§ 50.042 ESTABLISHMENT OF RULES AND REGULATIONS.
(A) The Director of Parks, Forestry and Public Works shall have the authority to make, establish and
enforce reasonable regulations pertaining to the accumulation, storage, collection and disposal of ashes,
garbage, rubbish and other refuse, subject to approval of such rules and regulations by the City Council.
(B) (1) Such rules and regulations shall be subject to revision, modification and supplementation from
time to time as may be deemed necessary.
(2) Such rules and regulations, and any revisions thereof, shall be published in such form as the
City Council may direct, and copies ther eof shall be filed in the office of the City Clerk and in the office of
the Director of Parks, Forestry and Public Works for the use of, and examination by, the public during the
regular business hours of those offices.
(Prior Code, § 18-27) (Ord. 91-59, passed 9-3-1991)
§ 50.043 COMMERCIAL AND CONTRACTOR USE.
The Route 60 Drop Off Compost and Recycling Center is prohibited for use by commercial businesses
and contractors.
(Prior Code, § 18-28) (Ord. 93-52, passed 8-2-1993)
§ 50.044 USE OF ROUTE 60 DROP OFF COMPOST AND RECYCLING CENTER.
(A) The center is limited to Lake Forest residents only.
(B) Acceptable proof of residency shall be either a current Lake Forest vehicle sticker or a Lake Forest
resident beach permit branch.
(Prior Code, § 18-29) (Ord. 93-52, passed 8-2-1993)
SCAVENGERS
§ 50.055 PERMIT REQUIRED; FEE.
(A) It shall be an unlawful offense for any person, firm or corporation to remove any item placed in a
recycling cart or bin which has been placed on the parkway for collection.
(B) It shall be unlawful for a person, firm or corporation to engage in the business of private scavenger,
or the disposal of human, animal or vegetable refuse, or offal, without having first secured a permit therefor.
The annual fee for such permi t shall be as set out in the fee schedule for each vehicle used or operated within
the city for the transportation of refuse.
(C) (1) No license shall be issued before the payment of the fee.
(2) Each such license shall terminate on the April 30May 3 1 next following its issuance.
(3) The fee to be paid for a fraction of a fiscal year shall be reduced in proportion to the number of
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full calendar months which may have expired in the year prior to the issuance of the license.
(Prior Code, § 18-34) (Ord. 565, passed 4-11-1962; Ord. 1160, passed 3-3-1980; Ord. 1495, passed 4-13-
1985; Ord. 91-59, passed 9-3-1991; Ord. 03-37, passed 7-7-2003) Penalty, see § 50.999
§ 50.056 APPLICATION FOR PERMIT.
Applications for such permits shall be made annually to the Community Development Department City
Clerk and shall be referred by him or her to the Health Officer .
(Prior Code, § 18-35) (Ord. 91-59, passed 9-3-1991)
§ 50.057 VEHICLES.
(A) Any vehicle used by such scavenger in his or her business shall be water -tight, and equipped with
air -tight covers for such portions as are used for the transportation of refuse.
(B) It shall be unlawful for any such vehicle to be driven through or over any street during or on a
Sunday.
(Prior Code, § 18-36) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.058 DISPOSAL OF REFUSE.
It shall be unlawful for any scavenger to dispose
of or store any refuse in any place within the city limits or within one mile therefrom, excepting with the
permission of the City Council.
(Prior Code, § 18-37) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.059 HOUR OF OPERATION.
It shall be unlawful for any scavenger to collect any refuse in any place within the city limits before 7:00
a.m., excepting with the permission of the City Manager of Lake Forest, Illinois.
(Prior Code, § 18-38) (Ord. 1562, passed 11-4-1985; Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
HAZARDOUS MATERIALS
§ 50.070 RESPONSIBILITY.
The Fire Department of the city is charged with the administration of the provisions of this subchapter
and shall enforce the same in coordination with the Fire Chief and the Chief of Police of the city.
(Prior Code, § 18-39) (Ord. 91-59, passed 9-3-1991)
§ 50.071 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
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DISCHARGE. Leakage, seepage or there release.
FACILITY, EQUIPMENT OR VEHICLES. Includes private, governmental or commercial in nature
whether by motor vehicle, truck, aircraft, railroad, boats, ships or any means of transportation, storage or
use.
HAZARDOUS MATERIAL. A substance or material in a quantity and form determined by the State
Department of Transportation, the United States Department of Health and Human Services, or by the United
States Department of Transportation to be capable of posing an unreasonable risk to health and safety or
property.
HAZARDOUS MATERIALS ACCESS ROUTE. Any street which has been designated pursuant to this
subchapter for the purpose of providing vehicular access from the primary hazardous material route to
locations within the city where hazardous materials are used, produced or stored. The following named streets
are hereby designated AS HAZARDOUS MATERIALS ACCESS ROUTES:
(1) Western Avenue;
(2) McKinley Road;
(3) Illinois Road;
(4) Laurel Avenue;
(5) Spruce Avenue;
(6) Westmoreland Road;
(7) Knollwood Road;
(8) Old Elm Road west of U.S. Route 41 to Ridge Road;
(9) Ridge Road south of Old Elm Road to Old Mill Road; and
(10) Old Mill Road east of Ridge Road to city limits.
PERSON. Any natural person or individual, governmental body, firm, association, partnership, co-
partnership, joint venture, company, corpor ation, joint stock company, trust, estate or any other legal entity,
or their legal representative, agent or assigns and includes public or private utilities, governmental bodies or
agencies other than the city, common carriers, railroads, airplanes and sh ips and boats.
PRIMARY HAZARDOUS MATERIALS ROUTE. Includes only the following streets in the city:
(1) U.S. Route 41 (Skokie Highway);
(2) Illinois State Route 43 (Waukegan Road);
(3) Illinois State Route 60 (Kennedy Road);
(4) Deerpath Road east of Waukegan Road to Sheridan Road;
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(5) Sheridan Road;
(6) Westleigh Road east of U.S. Route 41 to Sheridan Road; and
(7) Westleigh Road east of Illinois State Route 43 to the east side of the Skokie drainage ditch.
TOXIC SUBSTANCE. Any substance, mixture, or compound containing a substance which is listed in:
(1) The Code of Federal Regulations, 29 C.F.R. §§ 1910.1000 through 1910.1500, inclusive and
all amendments thereto;
(2) The Ill. Rev. Stat. Ch. 48, par. 2515, and all amendments thereto;
(3) The United States Department of Health and Human Services, Public Health Service National
Toxicology Program, Second Annual Report on Carcinogens - December 1981, and its periodic updates;
(4) A list of toxic substances promulgated by the Director of the State Department of Labor
pursuant to Ill. Rev. Stat. Ch. 48, par. 2503 and 2504, and all amendments thereto.
(Prior Code, § 18-40) (Ord. 91-59, passed 9-3-1991)
§ 50.072 NUISANCE.
(A) The actual or threatened discharge of hazardous materials within the city is hereby declared a
nuisance.
(B) The actual discharge of hazardous materials outside the corporate limits of the city which permeates
or discharges into any portion of the city is hereby declared a nuisance.
(Prior Code, § 18-41) (Ord. 91-59, passed 9-3-1991)
§ 50.073 LIABILITY FOR ABATEMENT OF NUISANCE.
(A) Any person who owns, leases, operates or controls any facility or equipment, whether by railway,
air, land or water, or vehicles including private, governmental or commercial, from which a discharge of
hazardous materials has occurred or threatened to occur in the city, shall be liable jointly and severally to the
city for any expenses incurred by the city in connection with preventing, cleaning up or disposing of or
attempting to prevent, clean up or dispose of any such discharge or threatened discharge. This provision shall
not release the owner of the hazardous material from a simultaneous liability for cleanup or disposal.
(B) Any person who owns, leases, operates or controls any facility, equipment or vehicles from which a
discharge of hazardous materials has occurred outside of the city and which permeates or discharges in any
part of the city shall be liable jointly and severally to the city for any expenses incurred by the city in
connection with preventing, cleaning up or disposing of or attempting to prevent, clean up or dispose of any
such discharge. This provision shall not release the owner of the hazardous material from a simultaneous
liability for cleanup or disposal.
(Prior Code, § 18-42) (Ord. 91-59, passed 9-3-1991)
§ 50.074 USE, STORAGE OR PRODUCTION OF HAZARDOUS MATERIALS.
Every person who uses, produces or stores hazardous materials or toxic substances at any location within
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the city shall abide by and operate in conformance with all of the requirements and provisions of the
regulations and directives therefor promulgated by the Fire Prevention Code of the city as set forth in § 94.01
of this code of ordinances, as amended, and shall abide by and operate in conformance with all of the
provisions of Title III (Emergency Planning and Community Right to Know) of the Super Fund Amendment
and Reauthorization Act (SARA) of the United States Code.
(Prior Code, § 18-43) (Ord. 91-59, passed 9-3-1991)
§ 50.075 MOVEMENT OF HAZARDOUS MATERIALS.
(A) It shall be unlawful to move or transport, in any way, any hazardous materials as defined herein
within the city, except upon the streets heretofore designated as primary hazardous materials routes or
hazard ous materials access routes.
(B) Every person who uses, produces or stores hazardous materials at a location within the city shall
request from the Lake Forest Fire Department a hazardous materials access route to and from such location.
(C) Every motor vehicle which displays or is required to display a hazardous materials placard shall be
operated within the city only on the primary hazardous materials routes established pursuant to the provisions
of this subchapter.
(D) Every operator of a motor veh icle which displays or is required to display a hazardous materials
placard, who does not know the primary hazardous materials routes of the city or the hazardous material
access route to and from the location in the city from which he or she is coming or to which he or she is
destined, shall request directions concerning said routes from the Lake Forest Fire Department, before
operating said vehicle in the city.
(E) No motor vehicle which displays or is required to display a hazardous materials placard shall be
operated on any street within the City other than U.S. Route 41 (Skokie Highway), or Illinois State Route 43
(Waukegan Road), Illinois State Route 60 (Kennedy Road), or Deerpath Road east of Waukegan Road to
Sheridan Road, unless such vehicle is coming from or destined for a location within the city on an approved
access route as provided for herein.
(F) The following types of vehicles are exempt from this section:
(1) Placarded vehicles making residential deliveries of home heating fuel;
(2) Placarded vehicles making residential deliveries of medical supplies; and
(3) Placarded vehicles which are not required under the provisions of this subchapter to request a
hazardous materials access route that are picking up or delivering non-hazardous materials at a location within
the city may use the most direct route to and from the location as close as possible to said location on the
primary hazardous materials route or a hazardous materials access route assigned to a business in the vicinity
of said location.
(Prior Code, § 18-44) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.076 PROCEDURE FOR ASSIGNMENT OF HAZARDOUS MATERIALS ACCESS ROUTE.
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Any person who uses, produces or stores hazardous materials at a location within the cit y shall be
assigned a hazardous materials transportation route after he or she has submitted a request for such a route to
the City Fire Department on a form provided by the Fire Department. Upon receipt of such a request, the Fire
Department shall assign to such a person, a route which, in the judgement of the Fire Department and all other
interested departments, is consistent with and implements the purpose of this subchapter.
(Prior Code, § 18-45) (Ord. 91-59, passed 9-3-1991)
§ 50.077 DISPOSAL OF HA ZARDOUS MATERIALS.
(A) Prohibition. It shall be unlawful for any person to dispose of hazardous materials within the city
unless such disposal is conducted in accordance with applicable local, state and federal rules and regulations
pertaining to the disposal of such materials.
(B) Declaration of nuisance. The unlawful disposal of hazardous materials within the city is hereby
declared a nuisance.
(C) Liability for abatement of nuisance. Any person who engages in the unlawful disposal of hazardous
materials within the city shall be liable to the city for any and all expenses in connection with cleaning up and
lawfully disposing of said materials.
(Prior Code, § 18-46) (Ord. 91-59, passed 9-3-1991) Penalty, see § 50.999
§ 50.078 RIGHT TO KNOW; DISCL OSURE REQUIREMENTS.
Every person who uses, produces, transports or stores hazardous materials or toxic substances at a
location within the city shall provide the Fire Chief of the city with all information concerning the use,
production and storage of such materials which such a person is required to provide a local fire department
under all governing laws and regulations enacted or promulgated from time to time by either the state or the
United States of America and departments thereof.
(Prior Code, § 18-47) (Ord. 91-59, passed 9-3-1991)
§ 50.079 POST OF NOTICES.
The City Manager shall cause the posting of notices at each entrance to the city giving notice to vehicular
traffic of the regulations contained in this subchapter. Said notice shall be by signs erected in accordance with
the standards and specifications as required by law or the statutes of the state or any other regulatory body
having jurisdiction.
(Prior Code, § 18-48) (Ord. 91-59, passed 9-3-1991)
§ 50.080 SEVERABILITY.
The provisi ons and sections of this chapter shall be deemed severable, and the invalidity of any portion of
this chapter shall not affect the validity of the remainder.
(Prior Code, § 18-49) (Ord. 91-59, passed 9-3-1991)
§ 50.999 PENALTY.
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(A) Any person, firm or corporation who violates any of the provisions of §§ 50.035 through 50.044 of
this chapter shall, upon conviction, be fined in an amount of not less than $50 and no more than $750 for each
such violation. Each day that a violation exists or continues to exist shall constitute a separate offense which,
upon conviction thereof, shall subject the violator thereof a fine of not less than $50 and no more than $750.
In addition, any cost of collection of fines or other amounts due to the city under this section may be assessed
in accordance with § 10.99 of this code.
(Prior Code, § 18-30)
(B) Any person, firm or corporation violating any of the provisions of § 50.055 of this chapter shall,
upon conviction, be subject to a fine of not less than $50, nor more than $750. In addition, any cost of
collection of fines or other amounts due to the city under § 50.055 of this chapter may be assessed in
accordance with § 10.99 of this code.
(Prior Code, § 18-34)
(C) Any person, firm or corporation who violates any of the provisions of §§ 50.070 through 50.080 of
this chapter shall, upon conviction, be fined in an amount of not less than $50 and no more than $750 for each
such violation. Each day that a violation exists or continues to exist shall constitute a separate offense which,
upon conviction thereof, shall subject the violator thereof a fine of not less than $50 and no more than $750.
In addition, any cost of collection of fines or other amounts due to the city under this section may be assessed
in accordance with § 10.99 of this code.
(Prior Code, § 18-50)
(Ord. 1855, passed 7-31-1989; Ord. 91-59, passed 9-3-1991; Ord. 03-37, passed 7-7-2003)
Any person, firm or corporation who violates any of the provisions of §§ 50.035 through 50.080 of this
chapter shall, u pon conviction, be fined according to the fee scheduled adopted by the City of Lake Forest for
each such violation. Each day that a violation exists or continues to exist shall constitute a separate offense
which, upon conviction thereof, shall be subject the violator thereof a fine as indicated in the Fee schedule
adopted by the City of Lake Forest. In addition, any cost of collection of fines or other amounts due to the
city under this section may be assessed in accordance with § 10.99 of this code. (Prior Code, § 18-30)(Prior
Code, § 18-34)(Prior Code, § 18-50)
(Ord. 1855, passed 7-31-1989; Ord. 91-59, passed 9-3-1991; Ord. 03-37, passed 7-7-2003)
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Water
CHAPTER 51: WATER
Section
General Provisions
51.001 Definitions
Hydrants
51.015 Public hydrants
Connections
51.030 Tapping mains; permits
51.031 Water services
51.032 Responsibility of city
51.033 Cross-connections; service termination procedures
Meters
51.045 Water meters
51.046 Water wells
Rates and Charges
51.060 Customer classes
51.061 Water rates inside the city limits
51.062 Water rates outside the city limits
51.063 Other rates
51.064 Delinquencies
51.065 Changes in ownership of property
Miscellaneous Provisions
51.075 Repairs; leaks
51.076 Lawn sprinkling
51.077 Water shutoff valve access
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Water
Use of Groundwater as a Potable Water Supply
51.090 Definitions
51.091 Water use prohibition
51.999 Penalty
Cross-reference:
Sediment grading, drainage and erosion control, see Ch. 151
Sewer use charges and rates, see Ch. 52
GENERAL PROVISIONS
§ 51.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CUSTOMER. The word “customer” wherever used in this chapter, shall be held to mean and include
any person, entity, or premises receiving potable water from the city or the city’s public water supply
system.
PREMISES. The word “premises” wherever used in this chapter, shall be held to include a lot or
part of a lot, a building or part of a building, or any parcel of land.
(Prior Code, § 44-1) (Ord. 07-13, passed 3-19-2007)
HYDRANTS
§ 51.015 PUBLIC HYDRANTS.
(A) All hydrants erected in the streets of the city for the purpose of extinguishing fires are hereby
declared to be public hydrants and no person or persons (other than those especially authorized by the
City Council) shall open or attempt to draw water from, or in any way interfere with any of said hydrants.
(B) No person, except a regularly authorized agent of the city, shall take water from any public or
private plug, hose pipe or fountain, or in any way use or take any water for private use (drinking at public
fountains excepted) unless such person shall pay for the use of the same and receive a permit from the
city.
(Prior Code, § 44-23) Penalty, see § 51.999
CONNECTIONS
§ 51.030 TAPPING MAINS; PERMITS.
(A) Any person or corporation desiring city water service shall make application to the city. Such
application shall state fully the location of the lot, block, subdivision and street name and number, giving
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Water
the size of the tap or connection desired, and also the name of the plumber employed to complete the
work. The applicant shall in such application agree that all work done in completing the service is to be
governed in all respects by all water rules, regulations and ordinances of the city, and by all general rules,
regulations and ordinances of the city.
(B) If the applicant shall have complied with all application requirements and paid the tapping and
construction fee, a permit shall be issued granting the applicant the right of connection with the water
distributing mains in accordance with the terms set forth in the application. In no case shall the tap be
made or the corporation cock inserted until the signature of the owner or the authorized agent shall have
been obtained.
(C) All applicants and other customers (including transferees of existing water accounts) of the
city’s water system shall also agree as a condition to receiving water service that such applicant or
customer shall continue to abide by all water rules, regulations, and ordinances of the city, and to use and
maintain the premises served by the water system in accordance with all general rules, regulations, and
ordinances of the city.
(D) The water supply may be cut off from any premises:
(1) If the permit therefor was obtained through misrepresentation;
(2) If an unauthorized use or willful waste of water is found; or
(3) If the customer or premises receiving water service is violating the terms of such service.
(E) Water service to any premises shall be disconnected in accordance with the provisions of §
51.033(E), which requires reasonable notice to the occupant of the property; provided, however, that the
Superintendent of Public Works may effect such disconnection without prior notice if the Superintendent
determines that imminent danger of harmful contamination of the public water supply exists and provided
further that the City Manager or the Manager’s designee may defer discontinuance of service if such
discontinuance itself may create a hazard to other persons or property in the vicinity of the premises in
question.
(F) In no case shall the above application be granted until a permit issued by the city granting
permission for opening of city streets has been given.
(G) Authorized employees of the city shall make or supervise all services connected to the city
water mains and all such services shall conform to the requirements of this chapter and the rules and
regulations applicable hereto.
(Prior Code, § 44-30) (Ord. 01-32, passed 11-15-2001; Ord. 2008-41, passed 12-1-2008)
§ 51.031 WATER SERVICES.
(A) The type and grade of material for water services and the installation thereof shall be in
accordance with this ordinance and rules and regulations established by the city.
(B) Should it become necessary to replace or repair old water service pipes, the rules and
regulations for new services shall apply to such repairs or replacements. In cases of replacements of the
service pipe between the curb stop and the meter, the portion between the city main and the curb stop
shall also be replaced if required by the Superintendent of WaterPublic Works.
(Prior Code, § 44-31)
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§ 51.032 RESPONSIBILITY OF CITY.
In the installation of plumbing and heating equipment by a consumer, ample provision shall be made
(by providing proper supply tanks, checks, relief or vacuum valves) for the safety of such equipment, in
the event of the stopping of the water supply or pressure and to prevent the contamination of household
water supply, or damage to water meters by expansion from heating apparatus. The city shall not be liable
for any damage that may result to any plumbing or heating equipment from stopping of the water or
pressure on account of the shutting off the water supply to the premises, or the loss of pressure in the
mains through any cause beyond its control, or for purposes made necessary in connection with the
maintenance and operation of the water works system.
(Prior Code, § 44-32)
§ 51.033 CROSS-CONNECTIONS; SERVICE TERMINATION PROCEDURES.
(A) All plumbing installed within the city shall be installed in accordance with the Illinois Plumbing
Code, 77 Ill. Adm. Code 890. If, in accordance with the Illinois Plumbing Code or in the judgment of the
Superintendent of Public Works, an approved backflow prevention device is necessary for the safety of
the public water supply system, the Superintendent of Public Works will give notice to the water
customer to install such an approved device immediately. The water customer shall, at his or her own
expense, install such an approved device at a location and in a manner in accordance with the Illinois
Plumbing Code, IEPA and all applicable local regulations, and shall have inspections and tests made of
such approved devices upon installation and as required by the Illinois Plumbing Code, IEPA and local
regulations.
(B) No person, firm or corporation shall establish or permit to be established or maintain or permit
to be maintained any connection whereby a private, auxiliary or emergency water supply other than the
regular public water supply of the city may enter the supply or distribution system of said municipality,
unless such private, auxiliary or emergency water supply and the method of connection and use of such
supply shall have been approved by the Superintendent of Public Works and the IEPA.
(C) It shall be the duty of the Superintendent of Public Works to cause surveys and investigations to
be made of commercial, industrial and other properties served by the public water supply to determine
whether actual or potential hazards to the public water supply may exist. Such surveys and investigations
shall be made a matter of public record and shall be conducted and repeated as often as the
Superintendent of Public Works shall deem necessary. Records of such surveys shall be maintained and
available for review for a period of at least five years.
(D) The approved cross-connection control device inspector shall have the right to enter at any
reasonable time any property served by a connection to the public water supply or distribution system of
the city for the purpose of verifying the presence or absence of cross-connections, and that the
Superintendent of Public Works or his or her authorized agent shall have the right to enter at any
reasonable time any property served by a connection to the public water supply or distribution system of
the city for the purpose of verifying information submitted by the customer regarding the required cross-
connection control inspection. On demand the owner, lessees or occupants of any property so served shall
furnish to the Superintendent of Public Works any information which he or she may request regarding the
piping system or systems or water use on such property. The refusal of such information, when
demanded, shall, within the discretion of the Superintendent of Public Works, be deemed evidence of the
presence of improper connections as provided in this ordinance.
(E) (1) The Superintendent of Public Works of the city is hereby authorized to terminate the water
service to any property wherein any connection in violation of the provisions of this subchapter or any
ordinance of the city is known to exist, and to take such other precautionary measures as he or she may
deem necessary to eliminate any danger of contamination of the public water supply distribution mains.
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(2) Unless there is an immediate threat to public health or the safety of the city’s water system,
the Superintendent of Public Works or the Superintendent’s designee shall send the customer by certified
mail or personal delivery a notice of the impending termination of water service. Such notice shall be sent
not less than seven calendar days prior to the termination of service, and the notice shall be substantially
in the following form:
The city intends to terminate water service to your premises at on or after (date) for the
following reasons: . Following such termination, water service will not be resumed at your premises until any
conditions giving rise to such termination have been cured, all penalties or fines have been paid, and a re-connection fee of
$ is paid.
You have the right to meet with the City Manager or a person designated by the City Manager to discuss the reasons that
your service is to be terminated. The official you meet with will have the power to order that your service be continued if
you demonstrate that the city’s reasons for cutting off service are improper or inadequate. You may provide the official
with any evidence you think is relevant.
To schedule a hearing, please call the City Clerk at
847-234-2600, or appear in person to schedule a
hearing with the City Clerk at the City Hall, 220
East Deerpath, before the termination date noted
above. For more information about the reasons
your service is being cut off, you may wish to
review the City Code. To review a copy of the City
Code, please contact the City Clerk.
(3) If the customer makes a timely request to meet with the City Manager or the Manager’s
designee, no action shall be taken on the pending termination of the customer’s water service until after
the scheduled meeting between the customer and the Manager or the Manager’s designee. If the Manager
or Manager’s designee determines that, based on the evidence presented by the customer, the basis for
terminating the customer’s water service is improper or inadequate in light of the requirements of the city
code, then the Manager or the Manager’s designee shall revoke the termination notice and so advise the
Superintendent of Public Works. If the basis for the pending termination notice is justified, the Manager
or Manager’s designee shall so inform the customer at the time of the hearing and:
(a) Advise the customer of the customer’s right to file for an appeal before the City
Council, which appeal shall be delivered to the City Clerk in writing before the close of business on the
business day following the meeting with the City Manager or the Manager’s designee; and
(b) Either:
1. If an appeal has been timely filed, notify the City Council, the Superintendent of
Public Works and the customer of the date of the appeal before the City Council; or
2. If an appeal has not been timely filed, notify the Superintendent of Public Works
to terminate the customer’s water service. In the event of an appeal, the appeal shall proceed before the
City Council on the date prescribed. Such appeal shall be conducted in accordance with the general rules
for appeal as established by the Council from time-to-time. The Council’s determination on the appeal
shall be final, and the City Manager shall inform the customer and the Superintendent of Public Works in
writing of the decision of the Council.
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(4) If, after adequate notice of a meeting, the customer has not met with the Manager or the
Manager’s designee or if, after the meeting (and any appeal as provided above), the Manager or the
Manager’s designee directs the Superintendent of Public Works that water service should be terminated,
the Superintendent shall order the termination of water service. Water service to the customer’s property
shall not be restored until conditions have been eliminated or corrected in compliance with the provisions
of this chapter, all penalties and fines have been paid, and until a reconnection fee is paid to the city. Such
reconnection fee shall be set from time-to-time by the City Council.
(5) Immediate termination of water service can be effected with verbal notice when the
Superintendent is assured that an imminent risk of harmful contamination of the public water supply
exists. Such action shall be followed by written notification of the cause of disconnection. Immediate
disconnection without notice to any party can be effected to prevent actual or anticipated contamination
or pollution of the public water supply, provided that, in the reasonable opinion of the Superintendent or
the IEPA, such action is required to prevent a danger to public health or the city’s water system through
an actual or potential contamination or pollution of the public water supply. Written notification shall
follow such action within a reasonable time period. Any customer whose water service has been
disconnected pursuant to this section shall, upon the filing of a written request with the City Clerk, have
the opportunity to appeal such disconnection to the City Manager. If the City Manager finds that there
were not adequate grounds for such disconnection, the customer’s water service shall be restored
immediately without charge; otherwise, the customer’s water service shall not be restored until all
violative conditions on the customer’s property have been corrected, all penalties and fines (if any) have
been satisfied, and a reconnection fee has been paid.
(6) Neither the city, the Superintendent or their agents or assigns shall be liable to any
customer for injury, damages or lost revenues that may result from termination of the customer’s water
supply in accordance with the terms of this code, whether or not the termination was with or without
notice.
(F) The consumer responsible for back siphon or back pressured material or contamination through
backflow, if contamination of the potable water supply system occurs through an illegal cross-connection
or an improperly installed, maintained or repaired device, or a device which has been bypassed, shall bear
the cost of clean up of the potable water supply system.
(Prior Code, § 44-33) (Ord. 92-18, passed 5-4-1992; Ord. 02-03, passed 2-21-2002)
METERS
§ 51.045 WATER METERS.
(A) All services shall be provided with a water meter, the type and size of which shall be approved
by the Superintendent of Water.
(B) No water meter shall be permitted to remain in service after it shall fail to correctly register all
flows of water passing through it. The city will repair or replace all meters which fail to correctly register
such flows, if such failure is due to wear or defective working parts.
(C) The owner of the property on whose service the meter is installed shall bear all risk of failure of
the meter to correctly register when such failure is due to improper installation, damage from freezing,
overheating or physical damage to said meter.
(D) Meters shall be installed by the owner in accordance with the rules and regulations established
by the city.
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(E) No person other than the duly authorized officer or employee of the city shall repair or in any
way alter or interfere with any water meter installed in any building, structure or premises for the control
of the water thereto; if it shall be found that such water meter is being tampered with, by an unauthorized
person, the owner of such building, structure or premises in which said meter is installed or located or the
person in possession, charge or control thereof shall be held responsible for such unauthorized tampering
or interference, and the water supply to such building, structure or premises may be cut off; and if such
water supply is cut off for such cause, it shall not be again turned on until the owner or person in charge
of such building, structure or premises in which the meter is located shall have paid to the city the cost
and expense of cutting off and turning on such water supply and the further sum as set out in the fee
schedule as liquidated damages for and on account of such unauthorized tampering or interference.
(F) The city shall retain ownership of all meters installed on inside city services and shall retain the
right to enter any buildings, structures or premises where said meters are located, for the purpose of
inspecting, checking, repairing, removing or replacing such meters.
(Prior Code, § 44-40)
§ 51.046 WATER WELLS.
In order to protect the public water supply of the city, regulations governing the construction of
private drilled wells shall be as follows.
(A) A well may only be constructed upon the express approval of the City Manager.
(B) Each well shall also have the express approval of the appropriate state regulatory agency.
(C) No drilled water well shall be cross-connected or interconnected into a potable water system
which is connected to the Lake Forest public water supply.
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(D) If permission is granted for a drilled well, the property owner, as a condition of approval,
authorizes inspection of the city from time to time at all reasonable hours, as deemed necessary for the
entire time that the well is maintained in operation.
To protect the public water supply of The City of Lake Forest from contamination from private wells,
preserve the integrity and viability of the entire public water system, and to protect the health, safety and
public welfare of the community.
1. Permitted, Minimum Requirements. Wells are permitted on properties that meet one of the
following minimum standards.
1. The property is a minimum of five (5) acres.
2. Contiguous properties, in common ownership, meeting the definition of a Zoning Lot
as defined in Section 159.002 of the Code, which together total a minimum of five
(5) acres.
3. The property or zoning lot is a minimum of three (3) acres and:
a) Protected in whole or part by a recorded Conservation Easement(s) or other
recorded easement established for the purpose of preserving and protecting trees,
landscaping or open space; or
b) Included in a Local Historic District or designated, in whole, or in part, or is
designated as a Local Landmark; or
c) A variance to allow the installation of a water well is granted for the property,
under the provisions of Section 159.042 of the City Code, based on unique
garden or natural features of the site
2. Permitted, General Requirements. All of the following minimum requirements shall be met.
1. Only one (1) well is permitted on a zoning lot.
2. Wells and all associated structures shall be located wholly on private property and in
conformance with applicable zoning setbacks.
3. Wells shall be separated from any habitable residential structure by a minimum distance of 20
feet.
4. Notice shall be posted within five (5) feet of the well structure stating that water from the
well is safe for irrigation only and is not treated for human consumption.
5. The property owner must sign a Hold Harmless Agreement, in a form approved by the City,
to hold the City harmless in the case of any claim arising from the use of well water. The
document shall be recorded on the property deed.
6. Any manholes or other above-ground openings located below the BFE must be watertight.
C. Prohibitions.
1. Wells shall not be used for obtaining or storing water for human consumption.
2. Water from a well shall not be piped in to any habitable structure.
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3. Water from a well shall not be used in irrigation systems located within 10 feet of a habitable
residential structure.
4. No physical connection or cross connection is permitted between an irrigation system which
is connected to a well and a) the public water system or b) a residential potable water system.
5. Hose connections are prohibited on any portion of an irrigation system which is connected to
a well.
6. No well may draw water from a deep aquifer, as determined by the State of Illinois or the
Director of Public Works.
D. Application Process. Application for a private well shall be made on a form provided by the
City and submitted to the City’s Community Development Department. The application shall
include the following.
1. Legal survey of the property.
2. A detailed plan indicating the proposed location and depth of the well, the location of
any existing or proposed irrigation systems, details of all proposed water connections,
pump houses and tanks.
3. Information on the size of the proposed well.
4. Application for an electrical permit and electrical contractor information.
5. Documentation of approval, or pending approval from the Lake County Health
Department.
6. Demonstration of prior approval from all required State of Illinois regulatory agencies.
7. If a pond is proposed, all required permit applications and documentation must be
submitted to allow review of the proposed pond. All necessary permits must be
obtained.
8. Any additional materials or information deemed necessary by the Director of Public
Works or Director of Community Development.
E. Approval Process. Applications that are determined to meet the standards and requirements
of this Section may be approved subject to the following requirements being satisfied in the
determination of the Director of Public Works and Director of Community Development.
1. The property owner authorizes the City to, from time to time, at all reasonable hours,
as deemed necessary to assure the public health and safety, to conduct onsite
inspections.
2. Documentation of final approvals from all applicable State of Illinois and Lake
County agencies are filed with the City.
3. Prior to authorization to operate the well, a report from the well drilling contractor
must be submitted and will be subject to review and approval by the Director of Public
Works.
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4. Submittal, on an annual basis, of test results as required by the Director of Community
Development demonstrating to the Director’s reasonable satisfaction that of
satisfactory results from RPZ testing shall be submitted to the Director of Community
Development verifying no cross connections or other threats to the public water
system exist.
F. Non-Use, Change of Use.
1. If a well ceases to be used for a minimum of two (2) consecutive years, the City may require
the well to be decommissioned or abandoned at the sole cost of the property owner.
2. If application is made for subdivision of property on which a well is located, said application
shall demonstrate that the minimum standards for water wells will continue to be fully
satisfied. If the minimum standards are not met, the well shall be decommissioned or
abandoned as a condition of the subdivision and prior to the recording of the subdivision plat.
G. Decommissioning, Abandonment. The following minimum requirements shall be met during
the process of decommissioning or abandonment.
1. Prior to decommissioning or abandonment, a Notice of Intent to Decommission or
Abandon must be filed with the Director of Community Development.
2. All decommissioning or abandonment shall be done in accordance with all applicable
requirements of all appropriate regulatory agencies of the State of Illinois and Lake
County. Prior to the abandonment of a well, the well owner must obtain permission from
these regulatory agencies to do such work and in turn, notify the City of his/her intention
to abandon a well prior to the actual work.
3. Upon completion of the decommissioning or abandonment, the City shall conduct an on-
site inspection and upon a determination that all applicable requirements are satisfied, the
City will issue a Notice of Closure.
4. After a Notice of Closure is issued, the property owner shall file all required documents
with the appropriate regulatory State and County agencies and with the City.
H. General Prohibition. Except as otherwise expressly authorized in this Section, no new water
well shall be permitted in the City.
Violations; Penalties. Any person who fails to comply with any provision of this Section 51.046 shall be
subject to fines and penalties in the maximum amount authorized under the City Code for each violation.
Each instance of non-compliance with separate provisions of this Section 51.046 shall be deemed a
separate violation. Each day that a violation continues shall be deemed a separate violation.
(Prior Code, § 44-41) (Ord. 1514, passed 6-3-1985)
RATES AND CHARGES
§ 51.060 CUSTOMER CLASSES.
Water customers shall be grouped into customer classes determined by the size of the meter serving
the customers’ premises as follows:
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Customer Class Size of meter
Small Less than 2-inch meter
Medium 2-inch to 4-inch meter
Large Meters over 4 inches
(Ord. 07-13, passed 3-19-2007)
§ 51.061 WATER RATES INSIDE THE CITY LIMITS.
(A) It shall be required that all service lines be equipped with meters furnished by the city as
hereinafter provided to correctly measure all water used, and the following rates for water consumption
are hereby adopted and established for services within the city limits effective for all usage billed after
May 1, 2007: as set out in the fee schedule.
(B) In addition to charges for water consumption as set forth in division (A) above, a fixed customer
charge, based solely on customer class, shall be assessed quarterly against all service meters inside the
city limits of the city as set out in the fee schedule.
(C) Water bills shall be rendered quarterly and shall be due within 30 days after issuance by the
city. A penalty of 5% shall be added to the total bill if a bill is not paid within 30 days of the date of such
bill.
(D) A deduction, as set out in the fee schedule, per customer per bill shall be applied to all
customers who participate in the direct debit program for payment of their water bills.
(E) For customers located within the city, the city will furnish a satisfactory master meter for the
service desired. Special type meters, submeters or multiple meters may be installed after the master meter,
if requested by the customer, at his or her expense.
(F) If a meter fails to register the quantity of water consumed, the amount shall be estimated and the
charge otherwise due pursuant to division (A) above shall be based on such estimate for a similar period
of time and condition. If the meter accuracy is questioned by a customer, the customer may have the
meter tested by a certified meter testing company. If the meter is found to be correct, the customer will
pay the entire testing charge. If the meter is found to be incorrect, the city will pay the entire testing
charge.
(G) Property owners shall be held responsible as the customer for any failure or inability of tenants
of premises to pay water accounts unless the city is notified in writing in advance of the beginning of
service. Water customers, on the premises where the owner has filed a letter disclaiming responsibility of
water bills, shall be required to deposit with the city an amount of money that will cover the cost of water
for any three-month billing period, as determined from the previous billing for that premises, such deposit
to be returned in full upon payment of the final billing to such customer for that premises.
(H) The charges and fees set forth in this section shall be minimum charges and may be changed
from time to time, by motion, as the Council deems necessary.
(I) The rates shall be charged for all domestic water customers within the city limits. Customers
desiring special rates for other than domestic uses shall be charged at rates to be determined by the City
Council, which determination may be modified from time to time in the sole discretion of the city.
(Prior Code, § 44-47) (Ord. 07-13, passed 3-19-2007)
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§ 51.062 WATER RATES OUTSIDE THE CITY LIMITS.
(A) It shall be required that all service lines for furnishing water to customers outside the city limits
shall be equipped with a water meter, to be furnished by the customer, to correctly measure all water used
and the following rates are hereby adopted and established for such services effective for all usage billed
after May 1, 2007 except as authorized by contract approved by the City Council: as set out in the fee
schedule.
(B) In addition to charges for water consumption as set forth in division (A) above, a fixed customer
charge, based solely on customer class, shall be assessed quarterly against all service meters outside the
city limits as set out in the fee schedule.
(C) Water bills shall be rendered quarterly and shall be due within 30 days after issuance by the
city. A penalty of 5% shall be added to the total bill if a bill is not paid within 30 days of the date of such
bill.
(D) A deduction, as set out in the fee schedule, per customer per bill shall be applied to all
customers who participate in the direct debit program for payment of their water bills.
(E) The rates shall be charged for all domestic water customers outside the city limits. Customers
desiring special rates for other than domestic uses shall be charged at rates to be determined by the City
Council.
(F) (1) When a subdivider of property outside the city limits desires water service, the subdivider
shall submit to the city a plat of said subdivision showing the size and location of all proposed water main
improvements to be installed by the subdivider at his or her expense.
(2) Upon approval by the City Council of the plan, the signing of a proper agreement with the
city, the subdivider may make the suitable connection with the water mains of the city.
(3) Fees shall be set by the City Council, by motion, and may be changed from time to time,
by motion, as the Council deems necessary.
(G) If the water service is to serve property lying within the limits of the adjoining municipality, the
subdivider shall provide letter of approval of the installation from such adjoining municipality. Rates,
tapping permits, deposits and other conditions pertaining to the service shall be as provided by ordinance
or set forth in special agreement approved by the City Council.
(Prior Code, § 44-48) (Ord. 07-13, passed 3-19-2007)
§ 51.063 OTHER RATES.
(A) Rates to municipal corporations. Municipal corporations desiring to purchase water from the
city may, upon application to and with the approval of the City Council, be supplied with water at a rate,
subject to such conditions, as shall be determined by the City Council.
(B) Rates to private golf courses. The Onwentsia, Conway Farms and Knollwood Private Golf
Courses may be allowed to draw water from the city’s public water supply for emergency purposes to fill
ponds on the premises of the courses, which water shall be charged at a rate of 125% of the applicable
volume charge rate set forth in §§ 51.061 and 51.062 of this chapter (as applicable) for all water taken.
Approval to draw water must be given by the Superintendent of Public Works.
(Prior Code, § 44-49) (Ord. 07-13, passed 3-19-2007)
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§ 51.064 DELINQUENCIES.
All water accounts must be paid when due. If any user or customer shall fail to make payment before
the fifteenth day of the month in which payment is due (or the date stated on a bill), a final notice shall be
sent out, unless a payment plan is agreed upon between the city and such user or customer. In any case in
which payment is not made after the time of the final notice limit is reached or pursuant to an agreed upon
payment plan, the city shall reserve the right to shut off and disconnect the service. Once water service to
a user or customer has been shut-off, the water may not be turned on again until the user or customer (or
anyone that has assumed the account and account obligations of a user or customer under § 51.065) pays
all outstanding amounts attributable to such water account plus a charge of as set out in the fee schedule
for turning the water off and a fee as set out in the fee schedule for reconnection or a fee for both. If the
water shut-off or reconnection is accomplished utilizing staff on overtime, then the charge is as set out in
the fee schedule for turning the water off and a fee as set out in the fee schedule for turning it back on, or
a fee for both.
(Prior Code, § 44-50) (Ord. 2008-41, passed 12-1-2008)
§ 51.065 CHANGES IN OWNERSHIP OF PROPERTY.
(A) (1) Whenever a person, firm, corporation or entity occupying any premises requests or obtains
potable water service from the city’s water system, and irrespective of whether the city obtains a deposit
to secure payments for such potable water service, there shall be established a water account for such
premises that shall remain in effect unless and until a final water bill is requested and paid, and a certified
receipt of final payment is issued from the city relating to such account. In the event of a transfer of
interest in or occupancy of a premises, the account holder must notify the city in writing before the date of
the transfer and the name of the entity to which the premises is to be transferred. Absent such notification,
no final water bill may be issued, and the account holder will remain responsible for any and all fees,
charges, rates, penalties, fines, obligations and liabilities accrued until such time that notice is given and
the final water bill is issued. Whenever a premises has an active water account with the city, any person,
firm, corporation or entity to whom an interest in or
occupancy of a premises is transferred has the obligation to notify the city in writing no later than the time
of such transfer of their interest or occupancy, which notice must request a change in the water account
and identify the premises, the date of the transfer and the name of the entity from whom the premises is
being transferred.
(2) A transferee who fails to so notify the city and thereafter uses water from the premises will
be deemed to have an assumed, and to become jointly and severally responsible for, the pre-existing water
account for the premises and all obligations thereof, irrespective of the water usage by the transferee;
provided, however, that any person, firm, corporation or entity:
(a) Who is a transferee of premises for which an account exists shall be relieved of any
obligations and liabilities with respect to such account if such person, firm, corporation or entity obtains a
certified receipt of final payment from the city relating to such account as provided in this section; or
(b) Who is a lessee of the premises for which a certificate of compliance is required but
has not been obtained in accordance with this section may be relieved of any obligations and liabilities
with respect to such account as provided in this division (A)(2)(b).
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(3) Such person, firm, corporation or entity shall first make a request for a certificate of
compliance. If a notice of violation is issued pursuant to division (E) below, the lessee may file a request
for termination of water service to the premises on forms provided by the city, which request shall also be
served upon the lessor and owner of the premises. Within seven business days after the filing of such
request, the Superintendent of Water or the Superintendent’s designee shall render a final bill for water
services to the lessee. After the lessee delivers final payment to the city relating to such account
(including any and all fines, penalties, late fees and interest that may be due), water service to the
premises shall be terminated until a certificate of compliance is obtained and a reconnection fee is paid in
accordance with this section. If more than one person, firm, corporation or entity has occupied or owned
the premises during the pendency of such account, each such person, firm, corporation and entity shall be
jointly and severally liable for all matters and charges relating to such account.
(B) As a condition of receiving a certified receipt of final payment from the city with respect to the
water account for any premises improved with a single-family or two-family dwelling (except as
otherwise provided pursuant to division (A)(2)(b) above), a person, firm, corporation or entity that owns
or occupies the premises to which the account relates shall obtain an inspection of such premises by the
Director of Community Development or the Director’s designee to verify compliance with the provisions
of the city code and other applicable laws, rules and regulations governing or relating to sanitary sewer or
water service connections to said premises. If the Director of Community Development or the Director’s
designee, based on such inspection of the premises, identifies no violations of the city code or applicable
laws, rules or regulations, or any outstanding fines, fees or charges governing or relating to sanitary sewer
or water service connections to said premises, the Director of Community Development or the Director’s
designee shall issue a certificate of compliance to the person, firm, corporation or entity requesting such
inspection. Any certificate of compliance issued pursuant to this division (B) shall expire upon 120 days
of its issuance date, unless delivered to the Superintendent of Water as provided in division (C) below, or
unless otherwise extended or renewed by the Director of Community Development.
(C) (1) (a) If the premises are improved with a single-family or two-family dwelling, any person,
firm, corporation or entity that owns or occupies the premises seeking a certified receipt of final payment
shall:
1. Deliver the certificate of compliance (as issued pursuant to division (B) above) to
the Superintendent of Water (or the Superintendent’s designee); and
2. Request a final water meter reading, both to occur within 120 days after the
issuance of such certificate of compliance.
(b) Upon receipt of such certificate of compliance, the Superintendent of Water shall
cause a final bill for water services to be rendered based on an actual meter reading. Upon payment of
such bill (and any late charges, interest, penalties or fines that may be applicable), the Superintendent of
Water shall cause a certified receipt of final payment to be issued to such person, firm, corporation or
entity.
(2) Any person, firm, corporation or entity that owns or occupies premises not improved with
a single-family or two-family dwelling and seeking a certified receipt of final payment shall request the
Superintendent of Water to undertake a final water meter reading and cause a final bill for water services
to be rendered based on an actual meter reading. Upon payment of such bill (and any late charges,
interest, penalties or fines that may be applicable), the Superintendent of Water shall cause a certified
receipt of final payment to be issued to such person, firm, corporation or entity.
(D) Whenever a person, firm, corporation or entity occupying or owning a premises requests a final
water meter reading for such premises, the city shall have the right to terminate water service to such
premises following the issuance of a final bill for water services for such premises, unless the city
receives a request to establish a new water account for a premises. If water service is terminated before a
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request for a new water account is received, the applicable re-connection fee or charge must be paid to the
city before water service to such premises will be re-activated.
(E) In the event that any inspection conducted pursuant to division (B) above results in a finding of
any violation of the city code or other applicable law, rule or regulation governing or relating to sanitary
sewer or water service connections to said premises, or any outstanding fines, fees or charges relating to
said premises, the Director of Community Development shall cause to be issued a written notification of
such violation or violations (the “notice of violation”), within five days after such inspection, to the
person, firm, corporation or entity owning or occupying such premises (based on water billing
information or other information available to the city). Such notice of violation shall set forth with
reasonable particularity the nature of each violation identified in such inspection, or any outstanding fines,
fees or charges, and shall direct that each such violation be corrected, or that any outstanding fines, fees,
or charges be promptly paid. Upon correction of any such violation or violations, the person, firm,
corporation or entity owning or occupying the premises shall request the Director of Community
Development to conduct a re-inspection of the premises’ sanitary sewer or water service connection for
purposes of obtaining a certificate of compliance; provided, however, that no certificate of compliance
shall be issued unless all violations identified in the notice of violation have been corrected, the re-
inspection shall identify no other violations with the premises’ sanitary sewer or water service connection,
and all other conditions of a certificate of compliance shall be satisfied; and, provided further, that no
certificate of compliance shall be issued unless any outstanding fines, fees or charges relating to said
premises have been paid.
(F) The fee for any inspection or any re-inspection conducted pursuant to this section shall be as
established and published from time to time by the Director of Community Development or as otherwise
set by the city.
(G) Notwithstanding any other provision of this section, and in accordance with the city’s
governmental functions to protect the public health, safety and welfare and to protect and preserve its
water, sanitary sewer and other public service systems, the City Council shall have the power, in its sole
and absolute discretion, to designate areas of the city from time to time for inspection by the Director of
Community Development or the Directors designee of all premises within any such area to verify
compliance with the provisions of the city code and other applicable laws, rules and regulations governing
or relating to sanitary sewer and water service connections to said premises (“inspection area”). In the
event that the City Council shall designate an inspection area, the following procedures shall be followed:
(1) The City Manager shall cause notice to be served by personal service or by certified mail,
return receipt requested, upon each owner within such inspection area. For purposes of this division (G),
OWNER shall be the person to whom the tax bill for the general taxes for the last preceding year was
sent. All notices shall be served no less than five days prior to the first scheduled inspection in any
inspection area.
(2) The Director of Community Development or the Director’s designee is hereby empowered
to enter each premises within any inspection area, after proper notice has been made, to inspect each
premises to verify compliance with the provisions of the city code and other applicable laws, rules and
regulations governing or relating to sanitary sewer and water service connections to each such premises.
Any person, firm, corporation or entity that refuses to allow the Director or the Director’s designee
reasonable access to his, her or its premises following receipt of notice shall be in violation of this
division (G)(2) and subject to penalties, fines and other remedies that the city may pursue under the code.
(3) In the event that such inspection of a premises, does not identify any violations of the city
code or applicable laws, rules or regulations governing or relating to sanitary sewer or water service
connections to said premises, or any outstanding fines, fees or charges relating to said premises
connection to sanitary sewer or water service, the Director of Community Development or the Director’s
designee shall issue a certificate of compliance to the owner. Such certificate of compliance shall not have
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an expiration date, but its issuance to any owner within an inspection area shall not relieve any such
owner of the requirements set forth in division (B) above, except as may be permitted under division (H)
below.
(4) In the event that such inspection of a premises results in a finding of any violation of the
city code or other applicable law, rule or regulation governing or relating to sanitary sewer or water
service connections to said premises, or any outstanding fines, fees or charges relating to said premises’
connection to sanitary sewer or water service, the Director of Community Development shall cause to be
issued a notice of violation within five days after such inspection, to the owner. Such notice of violation
shall set forth with reasonable particularity the nature of each violation identified in such inspection, or
any outstanding fines, fees or charges, and shall direct that each such violation be corrected, or that any
outstanding fines, fees or charges be promptly paid. The owner shall be required to follow the corrective
procedures and re-inspection provisions set forth in division (E) above. Issuance of a certificate of
compliance to an owner after any violations have been corrected shall not relieve any such owner of the
requirements set forth in division (B) above, except as may be permitted under division (H) below.
(5) Each owner within an inspection area shall be responsible for all applicable fees
established pursuant to division (F) above.
(H) The Director of Community Development or the Director’s designee may, in the Director’s
reasonable discretion, waive the need for an inspection and certificate of compliance for any premises
improved with a single-family or two-family dwelling if such premises had received a certificate of
compliance within three years prior to a request for a final water bill or a notice issued pursuant to
division (G)(2) above. No such waiver shall be valid unless in writing and signed by the Director.
(I) Nothing in this section shall limit the city’s authority with respect to securing compliance with
or enforcing any applicable city code or other applicable law, rule or regulation. In addition, inspections
or certificates of compliance undertaken or issued under this section are solely for the benefit of the city
as part of its governmental functions to protect the public health, safety and welfare and to protect and
preserve its water, sanitary sewer and other public service systems. No person shall rely on such
inspections or certificates for any other purpose.
(J) The Director of Community Development shall have the authority to establish rules and
standards for inspections conducted pursuant to divisions (B), (E) and (G) consistent with the objectives
of this section as well as personnel and budgetary capabilities.
(Prior Code, § 44-51) (Ord. 03-09, passed 2-20-2003; Ord. 2008-41, passed 12-1-2008)
MISCELLANEOUS PROVISIONS
§ 51.075 REPAIRS; LEAKS.
(A) Property owners will be held liable for the maintenance of and repairs to all plumbing within or
on their property, and private service lines leading from any city water main to their property, including
such parts of any service lines lying within a city street, alley, easement or across other private property.
Known leakage or loss of water from any service line will not be permitted and failure of the property
owner or user to make immediate repairs upon the discovery of such leakage shall be cause for the city to
restrict or shut off water service until the necessary repair or replacement is made, under § 51.031 of this
chapter; all plumbing must be kept in proper condition in such manner as to prevent any unnecessary
wastage of water.
(B) No discount will be allowed for water wasted through leakage; except that, where aIn the event
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leakage occurs on a service line where water is taken from the public water mains for private
consumption after passing through a meter the meter is in a pit at the street and the owner is unaware of
such leakage and an excessive water bill is created by such circumstance, beyond the knowledge or
control of the owner or user may, within 90 days from the receipt by him or her of any water bill from the
city, make application for an adjustment of the water bill in writing stating the conditions causing the
excessive water bill and stating that the source of the leakage has been repaired, and the Council, in its
discretion, may allow a reduction in said water bill in accordance with the rules and regulations
established by the city. The owner or user must supply the city with a sworn affidavit executed by a duly
licensed plumber that such leak has been repaired and that there are no other leaks on the premises. Said
affidavit must include copies of paid receipts accompanying the request. If approved, the adjustment will
be calculated based on the city policy averaging the three previous year's consumption during the
corresponding period. The calculated adjustment will be 50% of the amount that the water bill in
question exceeds the three year average.
No adjustments will be made in instances where, in the judgment of the city manager or the manager's
designee, the leak would have been discovered by the owner or user upon exercise of ordinary care and
diligence; and/or the leak was apparent to and/or within the knowledge of the owner or user for 10 or
more days.
(Prior Code, § 44-58)
§ 51.076 LAWN SPRINKLING.
(A) Water use for irrigation, including without limitation watering plants and lawn sprinkling, is
subject to certain restrictions during the period of May 15 through September 15 of each year as
hereinafter set forth.
(B) (1) Recognized authorities have found that established lawns do not require daily sprinkling.
Therefore, a system of alternate day irrigation is hereby instituted as follows.
(a) Irrigation is not permitted on Mondays.
(b) For even numbered addresses, irrigation is allowed on Tuesdays, Thursdays and
Saturdays.
(c) For odd numbered addresses, irrigation is allowed on Wednesdays, Fridays and
Sundays.
(2) For example, “809 Smith Road” is allowed to irrigate on Wednesdays, Fridays and
Sundays.
(C) In addition to the limitations set forth in division (B) above, in order to reduce evaporate water
loss during the heat of the day, irrigation is not permitted between 10:00 a.m. and 8:00 p.m. The city
reserves the right to direct major water users, including without limitation schools and golf courses, to
schedule their irrigation activities during hours when the evaporative water loss is less severe.
(D) Newly installed lawns and plant materials may be irrigated on an unrestricted basis for a
reasonable period from the date of installation until such new plantings are established. At the end of such
period as determined by the city, these restrictions shall apply. In drought conditions, establishment of
new lawns is discouraged, as no water supply for irrigation can be guaranteed.
(E) In case of an emergency water shortage a temporary ban may be placed on specific and/or all
irrigation and other outdoor water uses by the City Manager.
Comment [DD1]: Finance Comment: Need to
discuss. Current Vic ordinance proposing changes;
plus weneed to discuss 90 day rule and Council
approval. Are further changes needed?
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(F) The City Manager or his or her designee shall have the authority to make such rules and
regulations as required for the implementation of this section, as well as guidelines with respect to the
observance of the standards set forth in this section with respect to city properties.
(G) The City Manager or any designee of the City Manager shall cause the provisions of this section
to be enforced. Any violation of this provision shall be subject to a fine in accordance with § 10.99 of the
City Code. Each day that a violation of this section shall occur shall be deemed a separate violation.
(Prior Code, § 44-59) (Ord. 90-23, passed 5-7-1990; Ord. 14-18, passed 5-5-2014)
§ 51.077 WATER SHUTOFF VALVE ACCESS.
(A) Water shutoff valve. As a condition of water service, each customer must have a functioning
water shutoff valve, commonly known as a “Buffalo box” or “b-box,” which provides a means of turning
off entirely water service to the customer’s premises. For purposes of this section, a CUSTOMER is any
person owning, controlling or occupying any premises that is served by the city’s water system; for any
premises that is served by a single water shutoff valve affecting multiple independent units on such
premises, then each customer on such premises shall be jointly and severally responsible for the water
shutoff valve as set forth in this section.
(B) Conditions of water service. As a condition of water service, all customers must abide by the
terms in this division (B). No customer or other person may access, operate or otherwise act in a manner
to affect the operation or function of a water shutoff valve, except under the direction of the city. Upon
notice from the city, a customer (or an agent of a customer) shall undertake maintenance, repair or
replacement work of a water shutoff valve at no expense to the city, and such repair or replacement work
shall be subject to inspection and review by the city. Failure to perform maintenance, repair or
replacement work in a timely fashion pursuant to notice from the city shall:
(1) Be a violation of this section; and
(2) Authorize the city to undertake such maintenance, repair or replacement, the cost of which
shall be deemed an additional cost of water service.
(C) City access. Each customer must maintain the water shutoff valve for any premises in an area to
which the city has access. Any customer receiving water service from the city has, by acceptance of water
service, granted the city an easement and license to access the water shutoff valve when required, as may
be determined by the city. Should the water shutoff valve be located in an area to which the city’s access
is impaired by any landscaping or other improvements installed by or on behalf of a customer, the city
may still access the water shutoff valve, but the city shall have no responsibility to restore the premises
other than to fill any excavation and return it to the surrounding grade. In the event any customer
interferes with the city’s access to a water shutoff valve, such interference shall be a violation of this
section and shall:
(1) Subject the customer to fines in an amount not less than $250, but not more than $750, per
occurrence, and each day a violation occurs or continues shall be deemed a separate occurrence; and
(2) Be grounds for terminating such customer’s water service.
(D) Other sections. Nothing in this section shall alter provisions in this code of ordinances:
(1) Regarding responsibility for all maintenance and repairs to all plumbing and private
service lines leading from any city water main to any premises, including such part of any service lines
lying within a city street, alley, easement or across other private property; or
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(2) That establish procedures for water shutoff or restoration. Notwithstanding the foregoing,
this section shall control over any inconsistent provisions in this code of ordinances.
(A.) Water Shutoff Valve. As a condition of water service, each Customer must have a functioning
water shutoff valve, commonly known as a "Buffalo box" or "b-box," which provides a means of turning
off entirely water service to the Customer's Premises. For purposes of this Section, a "Customer" is any
person owning, controlling, or occupying any Premises that is served by the City's water system; for any
Premises that is served by a single water shutoff valve affecting multiple independent units on such
Premises, then each Customer on such Premises shall be jointly and severally responsible for the water
shutoff valve as set forth in this Section.
(B.) Conditions of Water Service. As a condition of water service, all Customers must abide by the
terms in this Section 44-60.8Division (B). No Customer or other person may access, operate, or
otherwise act in a manner to affect the operation or function of a water shutoff valve except under the
direction of the City. Upon notice from the City, a Customer (or an agent of a Customer) shall undertake
maintenance, repair, removal, or replacement work of a water shutoff valve at no expense to the City, and
such repair or replacement work shall be subject to inspection and review by the City. Failure to perform
maintenance, repair, removal, or replacement work in a timely fashion pursuant to notice from the City
shall
(i) be a violation of this Section, and
(ii) authorize the City to undertake such maintenance, repair, removal, or replacement, the cost of
which shall be deemed an additional cost of water service. If, pursuant to this Chapter, water service
to a property ceases for any reason, the City may charge a reasonable fee for the re-establishment
of water service to that property. Any outstanding costs, charges, taxes, fixed fees, fees related to
water consumption, penalties, or other amounts relating to water service, the re-establishment of
water service, or water shutoff valves associated with a property shall be deemed to be costs
attributable to the property irrespective of ownership or occupancy, and payment of any such
outstanding amounts is a condition of re-establishing water service to that property, whether or
not the Customer who incurred such costs, charges, taxes, fees, penalties, or other amounts
currently owns the property, previously owned the property, or is a current or previous tenant
upon the property.
C. City Access. Each Customer must maintain the water shutoff valve for any pPremises in an area
to which the City has access. Any customer receiving water service from the City has, by acceptance of
water service, granted the City an easement and license to access the water shutoff valve when required,
as may be determined by the City.
(1) Should the water shutoff valve be located in an area to which the City's access is impaired by
any landscaping or other improvements installed by or on behalf of a Customer, the City may
still access the water shutoff valve, but the City shall have no responsibility to restore the
Ppremises other than to fill any excavation and return it to the surrounding grade.
(2) No person may interfere with the City's access to a water shutoff valve, including, but not
limited to, camouflaging or otherwise concealing the location of a water shutoff valve.
(3) To the extent that the Customer has directly or indirectly concealed or permitted the
concealment, or otherwise interfered with access to a water shutoff valve in a manner that
causes the City to incur additional costs when accessing a water shutoff valve, the City
has the discretion to charge the Customer for such additional costs as a cost of water service.
(4) In the event that a Customer fails to maintain a water shutoff valve in a functional manner
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and the City has a need to utilize such shutoff valve, the City shall have the right to
undertake the repair or removal and replacement of the shutoff valve, and all costs relating to
such repair, removal, and replacement of a shutoff valve shall be deemed additional costs of
water service payable with the Customer's next water bill. Failure to pay such costs will
be treated in the same manner as a failure to pay any other water service charges
relating to the City's water system.
(5) In the event any Customer interferes with the City's access to a water shutoff valve, such
interference shall be a violation of this Section and shall:
(i) (i) sSubject the Customer to fines in an amount not less than $250, but not more than
$750, per occurrence, and each day a violation occurs or continues shall be deemed a
separate occurrence, and
(ii) (ii) Bbe grounds for terminating such Customer's water service.
D. Other Sections. Nothing in this Section 44-60 shall alter provisions in this Code (i) regarding
responsibility for all maintenance and repairs to all plumbing and private service lines leading from any
City water main to any premises, including such part of any service lines lying within a City street, alley,
easement, or across other private property; or (ii) that establish procedures for water shutoff or
restoration. Notwithstanding the foregoing, this Section 44-60 shall control over any inconsistent
provisions in this Code.
(Ord. 11-23, passed 10-3-2011)
USE OF GROUNDWATER AS A POTABLE WATER SUPPLY
§ 51.090 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
PERSON. Any individual, partnership, co-partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust, estate, political subdivision or any other legal entity,
or their legal representatives, agents or assigns.
POTABLE WATER. Any water used for human or domestic consumption, including, but not limited
to, water used for drinking, bathing, swimming, washing dishes or preparing foods.
(Ord. 2011-27, passed 11-7-2011)
§ 51.091 WATER USE PROHIBITION.
Except for such uses or methods in existence before the effective date of this subchapter, the use or
attempt to use as a potable water supply groundwater from within the that area of the corporate limits of
the city as depicted below, as a potable water supply, by the installation or drilling of wells or by any
other method is hereby prohibited. This prohibition expressly includes the city.
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(Ord. 2011-27, passed 11-7-2011)
§ 51.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is
prescribed shall be subject to § 10.99.
(B) Any person violating the provisions of § 51.090 of this chapter shall be subject to a fine of up to
$750 for each violation.
(Ord. 2011-27, passed 11-7-2011)
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Elawa FarmA Master PlanAs adopted by the City Council as an Exhibit to the Special Use Permit for Elawa FarmJune 21, 2010 141
142
Elawa FarmA Master PlanVisionImpetus for the planPurpose• How to use the PlanElawa Farm: A brief historyUse AreasOpportunity AreasAdditional ConsiderationsAppendices• Associated Documents• Elawa Farm Master PlanTable of Contents12347172327143
144
Entrance CorridorCommon AreaGardenVision StatementElawa Farm is a place to experience, study and explore the Middlefork Savanna and an historic Gentleman’s Farm.• Elawa Farm is a community resource where stewardship of the environment and of the history of the site are achieved through education, preservation, restoration, and conservation. • Elawa Farm is a City of Lake Forest-owned facility that provides opportunities in the fi elds of: environmental and wildlife education, gardening, conservation, environmental restoration, architecture, history, preservation, local culture, and passive recreational experiences.• All aspects of Elawa Farm: development, structures, site amenities, signage, events and programming respect the capacity of the site, the natural and historic setting and the surrounding residential neighborhood.• Primary support for operations and capital improvements at Elawa Farm come from program revenues and fundraising.Elawa Farm Master PlanNeighborhood Park & School SiteELAWA FARMShared SpaceAnimal Displays1145
Impetus for the PlanElawa Farm, a unique community treasure, was established with the support and through the eff orts of residents, the Gardeners at Elawa Farm, the Elawa Farm Foundation, Lake Forest Open Lands Association, the Lake County Forest Preserve District, School Districts 67 and 115 and the City of Lake Forest. With the completion of the renovation of Elawa Farm in 2008 and the resulting increased demand for use of Elawa Farm, it became clear that there was a need for more formal communication and collaboration among key stakeholders and the need for a documented, shared vision for long-term use of the site. This Master Plan was developed through a series of brainstorming sessions and discussions facilitated by the City of Lake Forest Community Development Department and involving representatives from various groups, the stakeholders, who have an ongoing interest in the success of Elawa Farm including: the Elawa Farm Foundation, the Gardeners at Elawa Farm, City of Lake Forest Wildlife Discovery Center, Lake Forest Open Lands, Lake County Forest Preserve District, School Districts 67 and 115, the City of Lake Forest Park and Recreation Department, the Lake Forest Preservation Foundation, Gorton Community Center and the Middlefork Farm Homeowner’s Association. Through the dedication and work of this group, the Master Plan was developed as a grass roots eff ort by the stakeholders and provides parameters for ongoing use of the site, identifi es potential future needs and calls out opportunities for future expansion and improvements.2Elawa Farm PropertyMen’s Quarters - 2008146
PurposeThe Master Plan directs all decisions and activities at Elawa Farm for short and long term use of the property and as well as future build-out on the site. The Master Plan was prepared in the spirit of partnership, the very spirit that made preservation and adaptive reuse of this former gentleman’s farm possible. To remain viable, the Master Plan is not a rigid document but should be evaluated and amended periodically to keep the Plan current and relevant to the activities at Elawa Farm.The Master Plan communicates to the broader community how Elawa Farm relates to and diff ers from other community facilities in Lake Forest and is the framework for evaluating new uses and improvements, prior to implementation, in an eff ort to preserve the character and conserve the environment at Elawa Farm. The Master Plan complements other planning tools, ordinances and guidelines, and acknowledges various documents associated with the property including the Special Warranty Sale Deed and Rider, the Intergovernmental Agreement between the City and the Lake County Forest Preserve District, the Illinois Department of Natural Resources Grant as well as the standard City regulations for neighborhood parks, special events and internal review processes. A complete list of associated documents is provided as an Appendix to the plan.HOW TO USE THE PLANAll modifi cations to the buildings and site including, but not limited to, additional structures, fencing, plantings, pathways must be reviewed in the context of the Master Plan.Develop idea/concept for modifi cationsProposal must be consistent with the Master Plan for Elawa FarmConsult with Elawa Farm Facility Coordinator (Currently housed in the Offi ce of the City Manager)Finalize ConceptSubmit for Commission/staff review and approvalObtain Approvals and PermitsFacilitate Communication with other departments and organizationsReview ProcessStaff Determination of Consistency with Master PlanIf ConsistentIf NOT ConsistentBegin Work3147
Elawa Farm: A Brief HistoryRecognizing the signifi cance of Elawa Farm, local citizens and public offi cials planted the seed of a grand vision: to create a partnership that would preserve Elawa Farm as a one-of-a-kind, natural, historic, educational and recreational resource for the Lake Forest community. From its inception, this property was a part of a unique public-private partnership. In the late 1980’s, the City of Lake Forest assisted the Lake County Forest Preserve District by making a generous contribution for the acquisition of the 450 acre Middlefork Savanna Forest Preserve in exchange for land transferred back to the City. In 1998, after more than three years of work, Lake Forest Open Lands gained control of a 195 acre block of land which included the 16 acre Elawa site. In order to preserve 70 % of the property as open space, Open Lands assembled partners. The Lake County Forest Preserve District obtained 61 acres to add to the Middlefork Savanna Forest Preserve. Open Lands retained 51 acres. The City acquired the 16 acre Elawa site. A developer purchased the remaining area for the Middlefork Farm Subdivision. Together these organizations have worked to preserve the area as open space and provide opportunities for people to explore and appreciate the natural environment and the historic gentleman’s farm. 4Historic Elawa Farm SignageElawa Farm Property - aerial photograph c. 1990148
Elawa Farm is a City-owned property located at the west end of Middlefork Drive in Lake Forest, Illinois. Between 2002 and 2008 the Elawa Farm buildings underwent a major restoration project consisting of exterior restoration and interior renovation of the Ice House, Wagon Shed, Potting Shed, the Machine Shed, the Dairy, the Horse Stables, the Men’s Quarters, the Living Quarters, the Loggia/Porches and the Care Taker’s Cottage. The renovated buildings support environmental learning and passive recreation at the site. The successful restoration eff orts have received national recognition as a “Save America’s Treasures” project.The BuildingsThe farm group, built in 1917 for A. Watson Armour, a member of one of Chicago’s oldest and most distinguished families, is architecturally signifi cant as a rare representative example of an early 20th century gentleman’s farm and is noteworthy for its fi ne design and association with two very signifi cant architects: David Adler and Alfred Hopkins. Hopkins designed the farm complex in the Georgian Colonial Revival style, of red brick. Though simple in design, the farm group includes classical features and detailing such as its overall symmetry, with wings fl anking the two-story barn and gated paddock, pediments over the grand arched center entrance, brick pilasters fl anking the entrance, engaged Doric wood columns on the porches and Palladian windows.5Historic Photograph - Hay BarnMain Courtyard - 2008149
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Elawa Farm Master PlanUSE AREASThe Master Plan for Elawa Farm recognizes six distinct use areas as well as the adjacent neighborhood park and school site. Each area has specifi c characteristics and supports unique uses. Planned development and growth is critical to the on-going success of Elawa Farm due to the location within a natural habitat, the presence of the historic farm buildings, and the adjacency to residential use. Each of the distinct use areas is described in the following pages and general parameters for the use of each area are outlined.7151
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Entrance CorridorThe Entrance Corridor is the open area located along Middlefork Drive associated with the City parkway. It is part of the visual approach to Elawa Farm.• Low native plantings are appropriate for this area.• The Entrance Corridor is intended to remain free of solid landscaping or fences and provide a buff er for the residential neighborhood.• No structures are anticipated in this area. GardenThe Garden is located south of the Entrance Corridor in the expansive space east of the main building. The modern restoration of the Garden follows historic plans from the early 1920’s. With the restoration eff orts and dedication of the Gardeners at Elawa Farm, the garden was a driving force for complete adaptive reuse of the buildings and site. The garden is planted with various fruits, vegetables and fl owers which are off ered for sale at the Elawa Farm Garden Market after the harvest.• The garden plantings and protective garden barriers are intended to allow for views of the buildings and prairie beyond, while at the same time discouraging natural predators. • The root cellar to the east of the garden will serve the gardeners in the future once it is properly restored and secured.• Organic gardening and lawn maintenance practices are necessary to further the vision of Elawa Farm.Entrance CorridorGarden9A portion of the garden is on property owned by Lake Forest Open Lands Association.153
Buildings and Associated GroundsThe historic 1917 farm buildings characterize the centrally located Buildings and Associated Grounds Area. The buildings and outdoor spaces are used by the community as a place to learn about and experience the natural environment in an historic setting. Outdoor courtyards are inherent to the design of the buildings and are used in association with the buildings and activities that occur within them. The courtyards also serve as meeting and gathering areas for groups exploring the outside grounds. The majority of the spaces within the building are used for programs that support the vision of Elawa Farm.• Changes to the buildings and grounds must go through the appropriate Commission and permit process to assure that all changes are designed within the existing architectural context and proposed location.• Interior and exterior furnishings, decorations, detailing, lighting and signage should emulate the historic farm building character in design, material and scale.• Displays or structures in the outdoor courtyards must be reviewed through the process established in this Master Plan (see page 3)• No permanent lighting is permitted aside from emergency and safety lighting consistent with the Rider to the Special Warranty Deed. Within the main courtyard, properly shielded, compatible, low voltage ground lighting is allowed to enhance the safety and security of the site. All proposed lighting must be reviewed through the process established in this Master Plan.• The Elawa Farm Garden Market occupies the Wagon Shed in accordance with the Special Use Permit issued specifi cally for this use. • The Caretaker’s Cottage supports the operations at Elawa Farm in the form of a single family dwelling, offi ce or other compatible use. 10154
Natural Education AreaThe Natural Education Area encompasses the southwestern area of the site and is used primarily for wildlife education purposes and passive nature experiences. In general, the area is characterized by walking trails, an observation deck which serves as an outdoor classroom, outdoor animal displays and open unobstructed views of the Lake County Forest Preserves’ Middlefork Savanna. A signifi cant portion of this area is part of a prairie restoration project under the Illinois Department of Natural Resources grant titled “Discover the Middlefork Trail.” • The prairie is a preserved natural area. Passive activities consistent with and supportive of the restoration eff orts are permitted in the preserved natural area. • An interpretive trail is within the Natural Education Area and leads visitors through the prairie to learn about the plants, animals and habitat found within the prairie with interpretive signage off ering insight along the way. Users are to stay on designated pathways.• Outdoor animal displays are located within a defi ned area.• Displays or structures must be reviewed through the process established in this Master Plan (see page 3).Wildlife Education11Turtle PondAnimal Display Area155
Multi-Use AreaThe Multi-Use Area is the open area adjacent to the parking lot and Natural Education Area. This area is intended to remain fl exible and accessible to all user groups at Elawa Farm. The Multi-Use Area provides a gathering area and serves as the starting point for the interpretive trail leading into the Natural Education Area. 12• An additional structure opportunity is designated in the approximate foot print of the Chicken Coop, formerly located on the site. A structure at this location could serve multiple users. For example, by providing additional storage space.• The area provides an outdoor classroom that can serve various user groups.• All pathways, structures and plantings must be reviewed through the process established in this Master Plan (see page 3).• The area immediately west of the Wagon Shed is identifi ed as a courtyard associated with the Wagon Shed within the Buildings and Associated Grounds Use Area. Consistent with the renovation plans for the Wagon Shed and the additional door opening installed on the west wall, this area supports activities in the Wagon Shed as well as provides a meeting and gathering area for groups exploring the outside grounds.• Landscaping is appropriate to defi ne, but not limit, this area.Multi-Use Area and the Middlefork Savanna156
Potential StructureOutdoor ClassroomNatural Education Area(access permitted only by the interpretive trail)Detail of Outdoor Activity Areas at Elawa FarmMulti-Use Area: Flexible area, Gathering Space, Potential New Structure, Native Plantings and an Outdoor Classroom. Natural Education Area: Interpretive Trail, Ongoing Prairie Restoration and an Outdoor Classroom/Observation Deck.Multi-UseAreaThe Natural Education Area also is the location of the Outdoor Animal Displays.Outdoor ClassroomThe Multi-Use Area provides an open, unobstructed area for use by all user groups at Elawa FarmAnimal DisplaysWagon Shed CourtyardInterpretive Trail**Buildings & Associated Grounds: Area immediately west of the Wagon Shed is an outdoor courtyard associated with the Wagon Shed. 13Unobstructed access to this area should be maintained.Interpretive Trail157
Common AreaThe common area includes a shared parking lot that serves Elawa Farm, Lake County Forest Preserve District and the City of Lake Forest neighborhood park consistent with the Intergovernmental Agreement. Expansion of the parking lot is anticipated by this Master Plan. The Common Area is also characterized by substantial vegetation which serves as a buff er between various uses and borders the path to the Forest Preserves property.• Preservation of the native vegetation is intended in this area. • Environmentally sensitive improvements such as pervious materials and low impact construction techniques are required to minimize impacts of an expanded parking area on the environment.• A bus pull-off is provided off of Middlefork Drive to provide space to drop off and pick up groups using the site. No private car parking is designated in this space while the Elawa Farm buildings are open.• Landscaping, consistent with the natural character of the site, to soften views of the parking lot and cars from the neighborhood should be planned in conjunction with any parking lot expansion.• An opportunity for a small out-building for additional restrooms and/or other common use such as bicycle parking is identifi ed in this area.Common Area14158
Elawa Farm Master Plan - Adjacent Use AreasNeighborhood ParkThe Neighborhood Park serves the surrounding neighborhood. It is a small-scale park with active multi-purpose playing fi elds and a picnic pavilion and play-ground similar to neighborhood parks throughout the community. As with many neighborhood parks, minimal on-site parking is available. Park users are en-couraged to bike or walk to the park from the surrounding neighborhood to ease parking congestion at the site.• Playground equipment and additional structures associated with Elawa Park should be compatible in design, materials and color with the established character of the site.School SiteWhen the area was subdivided, the Rider to the Special Warranty Deed reserved 5 acres of land for use as a future school. In the event that a school is determined by the community to be needed at this location, the Master Plan recognizes that a school could be built. The exact location for a school within the fi ve acre parcel has not been determined.• Periodic evaluation of continued reservation of a school site on the property is appropriate.School SiteNeighborhood Park15159
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Elawa Farm Master PlanOPPORTUNITY AREASThis Master Plan recognizes that there may be a need to make modifi cations to the site to support the current and future uses at Elawa Farm. Opportunities are identifi ed for additional parking, structures, and outdoor classrooms to facilitate group activities at Elawa Farm. The following pages are intended to guide the future of Elawa Farm.17161
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ParkingIt is necessary to ensure that Elawa Farm has adequate parking now and in the future to support the approved uses. This Master Plan identifi es the expansion of the existing parking lot in the Common Area as the preferred option for meeting increased parking demand. Expansion of the existing lot to the north and west is appropriate. A seasonal, pervious addition to the lot in this location will have minimal impact on mature vegetation and will not disrupt activities within the nearby use areas. Existing and new vegetation is needed to provide screening of the expanded lot from the neighboring homes. **All parking areas will require review by the appropriate City processes.• This Master Plan recognizes that the Intergovernmental Agreement between the Lake County Forest Preserves District and The City of Lake Forest requires availability of a minimum of 40 spaces on the property.• A limited number of additional on-site parking spaces are needed beyond the original 40 spaces that were constructed on the property.• Parking areas should be developed using eco-friendly techniques such as pervious pavers, gravel or other sustainable techniques. • Natural landscaping and screening should be planned in conjunction with the expected expanded parking without negatively aff ecting views to the savanna or activity levels in the park. • Safe and adequate parking for bicycles is encouraged to support alternative methods of transportation within the Common Area.Examples of pervious paving options19**163
**All additional structures will require review by the appropriate City processes.Outdoor ClassroomsOutdoor classrooms provide structured spaces for organized gatherings and classes. Areas designated for outdoor classrooms can provide shade and seating through additional landscaping and open air structures. Designating areas as outdoor classrooms does not restrict gathering in other locations on the property; however to support organized and coordinated use of Elawa Farm, outdoor classrooms can be reserved by individual groups to ease congestion and separate uses on the site. The design of Outdoor classrooms should be compatible with the surrounding area with a focal point away from visual distraction and noise.Existing Outdoor Classroomappprorororororororrropr• The existing observation deck in the Wildlife Education Area is designated as an outdoor classroom. • Man-made features designed to assist learning and observation such as benches or open-air shade pavilions must be reviewed through the process established by this Master Plan.• Seating that is compatible with the natural environment is appropriate to establish an area as an outdoor classroom.• The outdoor classroom in the Multi-Use Area should remain fl exible to accommodate various users and user groups.20Examples of outdoor classrooms164
Future StructuresAs the uses expand and change at Elawa Farm, this Master Plan recognizes the possible need for future structures on the site. Future structures might re-establish historic buildings that have been demolished over the years such as the Chicken Coop just south of the existing parking lot and the Green House to the south of the Wagon Shed.• All plans for new or modifi ed structures must go through the appropriate Commission and permit process and should be designed within the context of the existing architecture and proposed location.**• The opportunity for a new structure is designated in the Common Area to accommodate a restroom for the park and/or bike parking or other small structure for the use of the entire property. • The opportunity for new structures are designated in the approximate foot print of the historic Chicken Coop and to the south of the Wagon Shed to accommodate a greenhouse.• The opportunity for a new structure is designated to the north of the machine shed consistent with the historic drawings and architectural plans. • The opportunity for a new structure is designated to the west of the Care Taker’s Cottage to accommodate a small storage shed in association with an overall plan for that area.• In the event that a school is necessary at this location, a school and associated structures are acknowledged consistent with previous reservation of the 5 acre parcel north of the neighborhood park. **All future or modifi ed structures will require review by the appropriate City processes.21**********Historic Green HouseHistoric Chicken Coop165
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Elawa Farm Master PlanADDITIONAL CONSIDERATIONS23167
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Fundraising Activities and Other EventsThe unique setting of Elawa Farm both attracts and limits special events on the property. In addition to planned events and programming, Elawa Farm, the adjacent neighborhood park and the Lake County Forest Preserves are intended for daily public use. All events at Elawa Farm must be scheduled in advance through the process established by the City. This Master Plan recognizes the City’s procedures and regulations, existing and as they may be amended in the future, for scheduling events at Elawa Farm. The Plan also recognizes use of the neighborhood park in a manner consistent with relevant City policies.• Users of Elawa Farm must respect the site and delicate surrounding environment by staying on the paths and within designated gathering areas.• Main gathering areas for events should be focused in the main courtyard and the paddock area.• Tents are permitted in areas clear of entrances and exits of the farm buildings. Tents of various sizes are appropriate so long as there are adequate pathways provided for between the tents. All tents must be reviewed and approved by the City of Lake Forest Fire Department for life/safety considerations.• This plan acknowledges the existing regulations for this property as described in the Rider to the Special Warranty Deed and the Special Use Permit for Elawa Farm.KEYDesignated Gathering Areas for Fundraising Activities and Other Events25169
SignageThis plan acknowledges the development of an overall signage plan for Elawa Farm and its various users subject to review and approval by the Historic Preservation Commission.• Signage should be based on historic precedent and be consistent with the overall signage plan.• “Approach” signs are appropriate to direct vehicular traffi c to the site from major intersections.• “Destination” signs are appropriate to announce the arrival at Elawa Farm.• “Directional” signs are appropriate to guide users to specifi c areas and spaces• “Identifi cation” signs are appropriate to identify each tenant and the historic buildings.• “Temporary-Event” signs are appropriate to promote and announce special events at Elawa Farm consistent with the Sign Ordinance and special event policies.• “Regulatory” signs are appropriate, in limited number, outlining rules and regulations for the site.• Life safety/information signs are appropriate as required by law.**Signage shown is for demostrative purposes only.26170
Elawa Farm Master PlanAPPENDICES27171
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Appendix - ASSOCIATED DOCUMENTSThe following documents are available from the City of Lake Forest Community Development Department:• Elawa Farm Floor Plan• Special Use Permit for Elawa Farm• Special Warranty Deed and Rider to the Special Warranty Deed• Intergovernmental Agreement between the Lake County Forest Preserve District and the City of Lake Forest regarding the Middlefork Savanna• Approved “Discover the Middlefork Trail” Grant Document• City of Lake Forest Park Regulations and Procedures• City of Lake Forest Special Event Regulations• City of Lake Forest Sign Ordinance and Guidelines• Project Flow Chart - Internal City Process29Elawa FarmGarden Market at Elawa FarmNature walks173
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Neighborhood ParkReservedSchool SiteCommon AreaNaturalEducation AreaBuildings & Associated Grounds AreaEntrance CorridorGarden AreaMulti-UseAreaAppendix: ELAWA FARM MASTER PLAN31175
Existing Outdoor ClassroomParking OpportunitiesOutdoor Classroom OpportunitiesConsideration for Event Gathering SpacesOpportunities for Future StructuresUtilize environmentally friendly construction techniques and materials for parking areas Provide Safe and adequate parking for bicyclesCreate outdoor classrooms away from distractionNatural seating areas can help defi ne areas as outdoor classroomsFuture structures are appropriate to re-establish historic structuresDesignated gathering areas for events at Elawa Farm are identifi edSpecial events are guided by the Special Use Permit for Elawa Farm************32**Structures should be designed within the existing architectural context and proposed location176
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Elawa Farm Greenhouse ProjectStrategic Implications for Business DevelopmentJan 22, 2015179
Greenhouse ProjectSummary of Operational and Financial Analysis2•Low risk operations with limited impacton Farm’s cash flows and greater possibility of being accretive than depletive• Production space and labor (funding) constraintsnot crucial and can be effectively addressed • Incremental cash opportunity from increased productivity and harvest volumes• Greenhouse design requirements and features shall primarily address transplant grow operations and product mix optimization• Opportunity for Production / Sales conversion rate increase feasible provided an upgrade in Sales and Operations Planning and more aggressive S&M strategy180
Estimated Greenhouse “niche”3• Potential bottom line effect – $2-4K + $5-10K from programs/rentals181
Garden Market Cash Flows4$1,304$2,221-$648-$19-$391-$466$2,002-$1,000-$500$0$500$1,000$1,500$2,000$2,500Volume Transplants Materials Water Electricity Heating Net CASHNet Incrase/(Decrease)GREENHOUSE OPERATIONS IMPACT GARDEN MARKET CASHFLOWS182
Garden Market Impact – Break Even Analysis5Yield change vs. 2014Sales Increase/ (decrease) PotentialNet Cash ImpactBreak even level‐21% $(700) 0 Pessimistic scenario‐20% $(596) $102 Base case (neutral) 0% $1,304 $2,002 Moderate scenario +5% $1,779 $2,477 Optimistic scenario +20% $3,204 $3,902 • Greenhouse economics allow for considerable cushion to break even – up to 21% fall in harvest yield183
Units Harvested% of Harvest Supplied to FarmUnits to FarmQuality loss %Units lost to QualitySales conversion rateUnits SoldUnits unsoldNet Potential (est.)as % of Harvest US $Contribution %Flowers 9,750 5% 488 20% 1,853 40% 3,943 3,467 37% $3,216 53%Vegetables3,118 15%474 10%264 49%1,514 865 30%$2,82447%Total 12,868 7% 962 16% 2,117 41% 5,457 4,332 36% $6,041Gomphrena 2,924 5% 146 20% 555 34% 994 1,228 42% $933 29%Dahlias 1,294 5% 65 20% 246 50% 647 337 26% $673 21%Snapdragons 1,919 5% 96 20% 365 50% 959 499 26% $499 16%Other 3,613 5% 181 19% 687 37% 1,343 1,404 39% $1,111 35%Kale468 20% 94 10% 37 47% 220 117 25% $701 25%Tomato 880 20% 176 10% 70 47% 413 220 25% $660 23%Swiss Chard 252 10% 25 10% 23 47% 119 86 34% $514 18%Lettuce 340 10% 34 10% 31 65% 221 54 16% $326 12%Other1,179 146 103 541 388 $62322%Production/Sales Conversion Increase Opportunity6• Production to sales conversion rate -40% for flowers and 49% for vegetables• Net potential sales increase estimated at $6,000184
GREENHOUSE SPACE USED (Sq.ft)Total Space Benches CapacityBenches UsedOver/(Under) Capacityas % of Total CapacityTotal Greenhouse1,125 600 436 164 27%Retail ProductsFlowers300 222 78 26%Vegetables300 214 86 29%Greenhouse Production Capacity7• Greenhouse space – est. at 73% capacity (assuming forecasted volumes will use all Field space)• 164 sq.ft available for additional transplants for direct sales to market (with net sales potential - $5-10K)• Limited space for permanent beds installation185
Farm Labor Use (hrs)Greenhouse Field Gardener Volunteers ULINE (3) TotalTransplants45 2,714 588 134 2,038 2,759 Direct Seed Crops‐2,886 433 72 2,381 2,886 Total 45 5,600 1,020 206 4,419 5,645 % of contribution18% 4% 78%Total hrs available in season 1,481 222 4,442 6,144 % of capacity during season69%93% 99% 92%% of total annual capacity 51%Labor: fixed cost (if contained within available hrs) 8186
9$ 000’sMarket Potential (1)Garden Market products187
Market Potential (2)Garden Market products10$ 000’s188
Elawa Garden Market SWOTInternal11Strengths•Locationwithin community•Local organicfood production image•Developed loyal donor and customer base support•Business model – synergetic segments, low or fully covered fixed cost, off-balance sheet fixed assets•Cityinterested and supportive•Partnershipswithin the industry (landscapers, vendors)Weaknesses•Low profile in produce/flower markets• Market presence limited to single store •Wholesales operations• Dependence on 1 donor for laborresources• Low production/sales conversionrate•Marketingand promotional activity/resources• Operating and Strategic Planning189
Elawa Garden Market SWOTExternal 12Opportunities•Higher yields from Greenhouse•Extended productiondays•Entry in transplantsmarket•Production/conversion rate increase through more aggressive marketing campaign•New accounts – Grocery stores, local restaurants•Greenhouse use for events/programs•New synergetic businessesThreats•Exposure to farming risks•Local Grocery stores emerging as “organic produce” competitors•New farming vendors in local Farmers markets•Donor base deterioration•New community life enrichment projects•Weakening of City interest and support190
Garden Market Business Development Strategic Options 13• More efficient use of available funding, operating assets and management resources• Focus on current markets, donor and customer base• Growth of business –funding and operations• Focus on production and sales increase • Extension to new local markets• Acquisition of new donors and customersConsolidation vs. Expansion191
Strategy Implementation Timeline Goals, Priorities, Tools14Consolidation 2015-2016Expansion 2017-2018192
Garden Market: Consolidation Strategies“Reach for Low Hanging Fruits”15①Production/Sales Conversion Rate increaseFarm store trafficLF Farmers Market entryWholesales – restaurants, grocery stores①Product mix optimization②Transplant direct sales to marketFarm’s event salesLandscapers/Garden businessResellers (Pasquesi)③Events/Programs for GreenhouseWeddings, etc.Kids classesFlowers classes193
Garden Market 2015-2016 Consolidation Planning16Goals: 2016 Revenue - $150K (30% increase)Cash Flows improvement – $10KImplementation Strategies and Planning(1) Greenhouse Operating planSep 2015• Yield increase +10-15% 2016• Own transplant production (to field) Mar 2016 • 10 new Classes/Events 2016• Asset appropriation (to city balance sheet?) Dec 2015(2) Product Mix optimization planFeb 2015• Farm products – Kale, Tomato, Lettuce, Swiss chard• Kitchen products – with high input of farm product• Flowers – Dahlias, Snapdragons, Gomphrena194
Garden Market 2015-2016 Consolidation Planning - continued17Implementation Strategies and Planning(3) Marketing and PR planApr 2015• Harvest-to-Sales conversion rate increase (+15-20%)• Promotion of incremental and new classes/rentals (10)• Annual budget - $15-20K(4) Business Development planFeb 2015• LF Farmers Market stand (city)• 3-4 new WS accounts (restaurants, grocery)• 3-5 transplant accounts (landscape, Pasquesi)• 2-3 new program/events • Annual budget - $3K(5) HR and G&A development2015• Responsibilities reassign (GM/Admin/Ops/Mktg)• Field labor sourcing/funding plan• Out-source planning• Annual budget - $10K195
Garden Market 2017-2018 Expansion Strategies18Goal: 2018 Revenue - $225K (50% increase)Cash Flows Improvement - $20-30KImplementation Strategies and Planning(1) Field and Greenhouse Operations net cash• Days of production extension and yield increase + $10-15K • Transplant production (farm/market 50/50) + $20-25K • 20-25 Classes/Events + $10-15K (2) Strategic Marketing and PR • Fundraising Support target + $50-80K• Budget business advertising and PR campaign - $5-10K196
Garden Market 2017-2018 Expansion Strategies - continued19Implementation Strategies and Planning(3) Business Development• Greenhouse expansion (2017) – capex $150-200K• 10 mi range markets/customers (Lake Bluff Market, chain restaurants, transplants retail/resellers, landscapers, garden developers, groceries/specialty stores)• Farm land expansion (City)• New products for programs/events• Annual BD budget - $15-20K(4) HR and G&A development• Budget for new Sales/BD staff position(s) - $30-50K• Budget for field labor/volunteers sourcing - $20-30K197
Looking at a Bigger Picture20Greenhouse Project: Strategic implications for Elawa Farm Foundation: Improves Farm’s image, awareness in marketplace Adds to value proposition for local community and donorsSupports synergies of business model Strategic Marketing Tool for sustainable fundraising business of running community life enrichment project198
Elawa Vision Statementwhere do you want to go?21Become the favorite heritage landmark and quality of life enrichment center for local community199
Elawa Mission Statementwhat is the purpose of your organization?22“To advance and promote Elawa Farm as a center for education and enjoyment of architectural preservation, history, gardening and the environment”200
Nature of Business (~ PBS?)23Funding and Management ofcommunity center property and activitiesFundraising (Support)Operations①Experience • Events• Rentals②Services • Educational programs• Tennant leases③Farm Products• Garden• Kitchen201
Funding/Management Fundraising SupportOperations①Experience • Events• Rentals②Services • Educational programs• Tennant leases③Farm Products• Garden• KitchenStakeholders and Customers Needs and Benefits24Local residents• Entertainment• Recreation• Farm atmosphere• Education/Training• Floor space• Organic farm products• Transplants, flowers• Farm gourmet foodCity, EFF and Donors• Quality of life enrichment•Communal heritage• Environment preservation202
ELAWA Farm Business SegmentsSources of Revenue25203
Elawa Business Model26Private-Public Partnership•City (Property and land)•Elawa Foundation (Cash)OperationsFundraising$$$$AssetsProductsServicesDonations204
Sources and Uses of Cash (2014)27External (Donors) 373K Internal (Operations) 333K Revenue Sources of CashExternal (Fundrasing) 222KEvents/Programs 114KTenant Leases 39KGarden Market 205KExpensesUses of Cash205
Bottom Line28150,809 55,051 5,859 (86,444)FundraisingEvents/ProgramsTenant LeasesGarden MarketContribution to 2014 Net Income206
Overall Strategy Realignment29Strategy is about setting SMART Goals and Priorities – in line with your customer needs, available resources and changes in the marketKnow your customer baseKnow your markets – potential size, “sweet spots”, competition, rules of the gameSWOT your business modelDefine and prioritize your major risksEvaluate your resources (!)Develop the plan and execute207
Strategy Realignment - HR30Strategic PlanningOperations PlanningSales and MarketingGM (JM)✔✔✔Lead and coordinate✔Support✓✔CoordinateProduction -Garden✔Support✔✔✔Lead in garden✔✔Lead in wholesale mktSales and Marketing (LL)✔Support✔Support✔✔Lead inretail marketProduction -Events (NM)✔Support✔✔✔Lead in events/programs✔✔✔Lead in events/programsBusiness Development (full time)✔✔✔Lead and coordinate✔Support✔✔✔Lead and coordinate208
31Back up209
Greenhouse Proforma P&LGarden Market32210
GREENHOUSE PROFORMA (Incremental CASH)Events Programs (Classes)TOTALEVENTSPROGRAMSTotal Weddings Meetings Parties Total Kitchen Flowers KidsNumber per year 3 2 1 9 5 41239Persons per class 25 12 8 10Charge/Ticket $4,000 $50 $65 $10 $15Rent $100Total Charge per Event/class $4,000 $0 $1,250 $780 $180 $150Gross Revenue $9,250 $8,000 $0 $1,250 $4,500 $3,900 $0 $600 $13,750$9,250 $4,500CostsInstructor/Organizer fee250 200 Supplies/Materials150 150 40 Set‐up200 50 Cleaning100 50 50 50 50 50 $1,500 1,100 ‐400 1,360 1,000 ‐360 2,860 1,500 1,360 Gross Profit/(Loss) $7,750 $6,900 $0 $850 $3,140 $2,900 $0 $240 $10,890$7,750 $3,140Events and Programs33• Significant potential for incremental cash flows with aggressive marketing effort to attract customers211
Greenhouse Proforma P&L – ConsolidatedGreen Market and Events34Elawa Greenhouse Proforma P&L ‐ConsolidatedELAWA 2014 GREENHOUSE PROFORMA GREENHOUSE INCREMENTAL CASH FLOWSREVENUETotal Flowers Vegetables Total Flowers VegetablesTotalFlowers Vegetables Events ProgramsGarden Market $8,195 $3,351 $4,844 $9,499 $4,115 $5,384$1,304$764 $540Total Events Programs Total Events ProgramsFarm Events and programs $102,392 $92,500 $9,892 $13,750 $9,250 $4,500$13,750$9,250 $4,500Total Revenue $110,587 $95,851 $14,736 $23,249$13,365 $9,884 $15,054 $764 $540 $9,250 $4,500COSTS/(SAVINGS)Garden (Material Input) $5,021 $2,392 $2,629 $3,448 $2,411 $1,037‐$1,573$20‐$1,593Garden (Direct Overheads) $1,648 $596 $1,052 $2,523 $1,040 $1,483$875$444 $431Garden (Direct Labor)* $0$0$0 $0$0$0$0$0 $0Farm Events (Direct Labor)*Farm Events (Operating Expense) $15,750 $13,750 $2,000 $2,860 $1,500 $1,360$2,860$1,500 $1,360Total Operating Costs $22,419 $16,738 $5,681 $8,831 $4,951 $3,880 $2,162 $464‐$1,162 $1,500 $1,360GROSS OPERATING PROFIT/(LOSS) $88,168 $79,113 $9,055 $14,418 $8,414 $6,004 $12,892 $301 $1,701 $7,750 $3,140ALLOCATED FARM OVERHEADSRepairs and Maintenance$621 $14 $82 $373 $151 Capital improvements$298 $7 $39 $179 $73 Cleaning expense$1,173 $27 $155 $705 $286 Garden (tools, treat, ops)$94 $41 $53 Market (sales tax, supplies)$389 $169 $221 Other G&A (services, operations, business)$1,576 $337 $441 $568 $230 TOTAL ALLOCATED OVERHEADS$4,152 $595 $991 $1,826 $740 NET OPERATNING PROFIT/(LOSS)‐CASH IMPACT $8,740 $(295) $710 $5,924 $2,400 * Labor and Staff Compensation assumed as fixed cost with no impact on incremental cashflows212
Garden Market/Events Op. Cash Flows35$13,750$1,304$1,573-$875-$2,860-$1,576-$1,173-$919-$389-$94$8,740-$4,000-$2,000$0$2,000$4,000$6,000$8,000$10,000$12,000$14,000$16,000Axis TitleGREENHOUSE TOTAL OPERATIONS IMPACTGARDEN MARKET / EVENTS CASHFLOWS213
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CODICIL TO ELAWA FARM OPERATING
AGREEMENT REGARDING GREENHOUSE CONSTRUCTION
This CODICIL TO ELAWA FARM OPERATING AGREEMENT REGARDING
GREENHOUSE CONSTRUCTION (the “Codicil”) is entered into by and between THE CITY OF
LAKE FOREST, an Illinois special charter and home rule municipality (the "City"), and the ELAWA
FARM FOUNDATION, an Illinois not for profit corporation (the "Foundation”)(collectively, the City
and Foundation shall hereinafter be referred to as the “Parties”).
In consideration of the mutual promises, covenants, and undertakings hereinafter set forth,
the Parties hereby agree as follows:
Section 1: Recitals.
A. The City and the Foundation did enter into that certain “Elawa Farm Operating
Agreement” dated 17 March 2014 (the “Agreement”), pursuant to which the Foundation was
granted certain rights and responsibilities with respect to the use and operation of the City property
commonly known as “Elawa Farm,” and referred to in the Agreement and in this Codicil as the
“Property.”
B. Pursuant to Section 5.B(i) of the Agreement, the Foundation is not permitted to
construct additional buildings or structures on the Property without the City’s prior written agreement.
C. The Foundation desires to construct a greenhouse on the Property (the
“Greenhouse”) in general conformity with the plans, drawings, and illustrations prepared by
Northworks and dated 11 August 2015 (the “Greenhouse Plans”), which Greenhouse Plans are
attached hereto as Exhibit A.
D. Because the Agreement imposes on the City certain responsibilities with respect to
the repair and maintenance of certain elements of the buildings and structures on the Property, the
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City is unwilling to approve the Greenhouse on the Property to the extent that the City has any
obligations relating to its maintenance or repair.
E. Notwithstanding any other provision in the Agreement, the Foundation is prepared to
assume full responsibility for the Greenhouse if the City grants approval of its construction.
Section 2: Greenhouse Approval. The City hereby grants the Foundation approval
under the Agreement to construct the Greenhouse in general conformity with the Greenhouse Plans,
provided, however, that:
A. Notwithstanding the provisions of the Agreement (and particularly Sections 10 and
11.A of the Agreement), the City shall have no obligation to repair, maintain, or perform any upkeep
of the Greenhouse. Any repair, maintenance, or upkeep of any element of the Greenhouse [as well
as any repair, maintenance, or upkeep of any portion of the buildings on the Property associated
with the addition of the Greenhouse (the “Greenhouse Connection”)] shall be solely the
responsibility of the Foundation.
B. This approval is subject to the Greenhouse being constructed in general conformity
with the Greenhouse Plans, and in accordance with all City codes and regulations, as well as all
other provisions of the Agreement not modified by Section 2.A of this Codicil. No construction of the
greenhouse shall commence unless and until the Foundation has received all necessary permits,
approvals, and authorizations therefor from the City or any other agency having jurisdiction over the
Property.
C. In addition to the provisions of Section 12.A of the Agreement, the Foundation shall
indemnify, defend, and hold the City harmless with respect to the construction, repair, maintenance,
and upkeep of the greenhouse and Greenhouse Connection.
D. All insurance requirements set forth in Section 13 of the Agreement shall extend to
the greenhouse and the greenhouse Connection.
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Section 3: Continued Effect. Except as expressly modified with respect to the
greenhouse and the greenhouse Connection by this Codicil, the terms and provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
duly authorized corporate officers and have caused their corporate seals to be hereunto affixed all
as of the day and year first above written.
ELAWA FARM FOUNDATION THE CITY OF LAKE FOREST
By:__________________________ By: ____________________________
Its __________________________ Its __________________________
Date: _______________________ Date:___________________________
Attest:_______________________ Attest:_________________________
City Clerk
Its __________________________
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EXHIBIT A
Greenhouse Plans
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