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CITY COUNCIL 2015/10/05 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday October 5, 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 Kevin Issel A copy of the Resolution can be found on page 17 COUNCIL ACTION: Approve the Resolution B. Proclamation of Harvey Cain Day, October 9, 2015 -Phil Hood, Lake Forest College Representative A copy of the Proclamation can be found on page 18 2. COMMENTS BY CITY MANAGER 3. COMMENTS BY COUNCIL MEMBERS PUBLIC WORKS COMMITTEE A. Consideration of an Ordinance Establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project PRESENTED BY: Alderman Waldeck, Chairman of the Public Works Committee CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of first reading regarding the ordinance establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project. PROJECT REVIEW/RECOMMENDATIONS: 1 Monday, October 5, 2015 City Council Agenda Reviewed Date Comments Public Works Committee March 4, 2015 General Discussion Public Works Committee April 6, 2015 Reviewed Area’s Septic Issues Special Neighborhood Meeting May 11, 2015 Reviewed Project with Property Owners Public Works Committee May 18, 2015 Project Update Public Works Committee June 15, 2015 Project Update Special Neighborhood Meeting June 23, 2015 Project Update Public Works Committee July 20, 2015 Project Update / Review Eng. Costs City Council August 3, 2015 Proposing the Establishment of SSA # 40 Special Neighborhood Meeting August 13, 2015 Project Update City Council August 17, 2015 Opening Public Hearing on SSA # 40 Public Works Committee September 21, 2015 Project Update Public Works Committee October 5, 2015 Review / Recommend Contract Approval BACKGROUND/DISCUSSION: Over the past several years, City staff has received inquiries from property owners in the Regency Lane area requesting the installation of a City- owned sanitary sewer. In the past, staff provided the interested property owner the process needed to be fulfilled in order to establish a SSA. After receiving information this past spring that one of the property owner’s septic system had failed, staff provided additional assistance with the process and was able to assist in organizing overall interest in the area. We believe that other septic systems in the area may be at or near failure. The proposed sanitary sewer would not only assist in addressing septic systems in poor condition, but would also likely provide a property value increase for any future property development or re-sale. A Special Service Area (SSA) is a financing mechanism for property owners to fund the installation of an infrastructure improvement project through a localized property tax levy. An area is defined as those properties owners that directly benefit by the proposed improvement. The property owners in this case have opted to divide the project costs on a per lot basis. Based on the actual cost of the improvement project, costs will be divided equally among the fifteen parcels. Should the number of parcels increase or decrease in the future, the per-parcel cost could be recalculated, so long as the maximum tax amount is within the authorization of the SSA proposing ordinance. This past spring, property owners in the Regency Lane area met with the City’s Public Works Department to better understand the potential improvement in greater detail. Meetings were held to discuss the process of installing a public utility and how the project could be funded through the establishment of a SSA. An official petition, endorsed by five property owners who account for 60% of the proposed SSA area, was subsequently received by the City requesting that the City Council establish a SSA for the installation of a sanitary sewer. 2 Monday, October 5, 2015 City Council Agenda On August 3, 2015, City Council considered and approved an ordinance proposing the establishment of the SSA. The ordinance outlined the geographical area, a preliminary budget, maximum tax levy for the project, and established the date for the public hearing. Under state law, Notice of a Public Hearing must be mailed to persons whose names are listed on the general taxes for the preceding year, not less than ten days before the time set for the public hearing. Additionally, the Notice of Public Hearing was published in a newspaper not less than fifteen days before the hearing. Property owners in the proposed district were notified of the August 17, 2015, Public Hearing by USPS mail with a letter dated August 5, 2015. The Notice of Public Hearing was published in the Lake County News Sun on July 31, 2015. There were no comments made concerning SSA No. 40 at the public hearing. Under state law, property owners within the proposed district have sixty days following the close of the Public Hearing in which to formally object to the creation of the proposed SSA. At least 51% of the property owners of record and 51% of electors in the proposed area must formally object to the SSA in order for it not to be adopted. The sixty day objection period will close on October 16, 2015. BUDGET/FISCAL IMPACT: On August 17, 2015, City staff provided a preliminary estimate for the property owner’s share of the project. The estimate provided at the meeting was $862,675. Since this time, staff conducted a bid opening on September 29, 2015 and has provided a further breakdown of costs as noted below. Cost Item Preliminary Estimate Current Estimate Easement Document Preparation $9,200 $9,200 Legal Expenses $1,000 $1,000 Administration Fee $5,000 $5,000 Design engineering (Phase I-II) $18,100 $18,100 Construction Engineering (Phase III) $32,000 $35,000 Construction $750,000 $750,000 Prepaid Connection Fee $12,375 $12,375 NSWRD Annexation & Connection Fee $32,000 $32,000 Lake Forest Building Permit Fee $3,000 $3,000 Total Project Cost Estimate $862,675 $865,675 Total Cost Per Lot (if Pre-Paid) $57,512 $57,712 Total Cost Per Lot (@ 3.04% Financing) $78,462 $77,869.81 Annual Cost Per Lot $3,923.10 $3,893.49 Annual Maximum Tax/Lot (per Proposing Ordinance) $3,926.67 $3,926.67 Please note that private contractor costs associated with the installation and connection of a lateral service line to each residence, interior plumbing work, and decommissioning of septic tanks are the sole responsibility of each property owner in the SSA area and are not been included in the SSA tax. 3 Monday, October 5, 2015 City Council Agenda City staff presented the Public Works Committee with an overview of the project and its costs at this afternoon’s meeting. COUNCIL ACTION: Approval of first reading for the ordinance (page 19) establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project. B. Award of Construction Contracts and an Engineering Oversight Agreement for the Regency Lane Area Sanitary Sewer Improvement Project PRESENTED BY: PUBLIC WORKS COMMITTEE CHAIRMAN WALDECK CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval for multiple construction contracts and engineering oversight for the Regency Lane Area Sanitary Improvement Project. Approval of all contracts is contingent on there being no written objection filed by at least 51% of the property owners and 51% of the electors within the proposed Regency Lane Special Service Area by October 16, 2015. The City has received no such objection to date. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee March 4, 2015 General Discussion Public Works Committee April 6, 2015 Reviewed Area’s Septic Issues Special Neighborhood Meeting May 11, 2015 Reviewed Project with Property Owners Public Works Committee May 18, 2015 Project Update Public Works Committee June 15, 2015 Project Update Special Neighborhood Meeting June 23, 2015 Project Update Public Works Committee July 20, 2015 Project Update / Review Eng. Costs City Council August 3, 2015 Proposing the Establishment of SSA # 40 Special Neighborhood Meeting August 13, 2015 Project Update City Council August 17, 2015 Opening Public Hearing on SSA # 40 Public Works Committee September 21, 2015 Project Update Public Works Committee October 5, 2015 Review / Recommend Contract Approval BACKGROUND/DISCUSSION: The Regency Lane Area Sanitary Sewer Improvement Project involves the installation of an eight inch sanitary sewer to service all fifteen properties within the proposed SSA #40. The project includes design of the new sanitary sewer, the sanitary sewer itself, construction oversight, legal fees, easement expenses, prepaid City connection and permit fees, and North Shore Water Reclamation District 4 Monday, October 5, 2015 City Council Agenda annexation and connection fees. It is anticipated that all costs associated with this project will be paid entirely by the property owners through the establishment of SSA #40. Pursuant to the proposing ordinance for SSA #40, City Council opened a public hearing on August 17, 2015 and commenced the sixty day mandatory objection period. Due to the aggressive construction schedule, the construction contracts and engineering oversight agreement are being recommended for approval this evening. If approved, the time period between October 6 and October 16 will allow the contractor time to sign the contract, obtain the required insurance, call for J.U.L.I.E. locates, and begin to order material. In trying to have the asphalt installed this fall before the asphalt plant closes, the project will begin immediately after conclusion of the sixty day objection period (assuming no valid objection is filed) and before the final adoption of the SSA #40 establishing ordinance. Staff anticipates substantial completion by early to mid- December, 2015, weather permitting. BUDGET/FISCAL IMPACT: On Tuesday, September 29, 2015, the following three bids were received for the Regency Lane Area Sanitary Improvement Project: Company Original Bid Amount Revised Bid Amount After Staff Bid Evaluation R.A. Mancini $828,640 $665,727 Berger Excavating $1,088,420 $964,258 Bolder Contractors $1,139,492 $1,132,230 The low bidder, R.A. Mancini, has installed many water mains, storm, and sanitary sewers in recent years for The City of Lake Forest. Each project was completed on time and at/under budget. The City’s Engineering Staff has worked directly with R.A. Mancini on each of these projects and has been very satisfied with their performance. The low bid amount of $828,640 is $78,640 over staff’s construction estimate of $750,000. Immediately after the bid opening, staff and the City’s engineer analyzed R.A. Mancini’s unit price bid to determine if savings could be realized with the goal of bringing the construction cost at or below the initial estimate. The following chart proposes portions of the bid that can be reduced by either reallocating specific quantities or contracting out directly with another company on various items. Description Original Bid Amount Revised Bid Amount After Staff Bid Evaluation Savings Tree removal / root pruning $6,560 $0 – to be completed by in- house Forestry staff $6,560 Grass restoration $13,440 $6,720 – City to contract directly with Perez Landscaping $6,720 Asphalt resurfacing $71,198 $46,142 – City to contract directly with Peter Baker & Sons $25,056 Open cut / directional drill quantities $737,442 $665,727 – reallocate quantities $71,715 Totals: $828,640 $718,589 $110,051 Based upon the revised amounts, staff is recommending that the base price of $665,727 be awarded to R.A. Mancini. Staff further recommends two additional contracts as 5 Monday, October 5, 2015 City Council Agenda follows: (1) Perez Landscaping for grass restoration in the amount of $6,720, and (2) Peter Baker & Sons for asphalt resurfacing in the amount of $46,142. With multiple contractors being used for this project, staff is also recommending that a 10% “non-contractor specific” contingency be approved. The $71,859 contingency would only be used for any quantity overages with any of the three contractors or if any unforeseen underground issues were to arise. Amounts for the project’s contracts and contingency are anticipated to be covered fully by the SSA. To the extent any shortfall in SSA tax revenue occurs, such additional amounts can be paid from the City’s water fund. Finally, GeWalt Hamilton’s proposal for construction engineering services can be found on page 33 of the agenda packet. Their $35,000 time and material fee will provide general oversight and inspection of the new sanitary sewer. Daily logs will be kept noting material quantities and any modifications made due to existing field conditions. Below is a summary of the project budget: FY2016 Funding Source Amount Budgeted Amount Requested (Incl. 10% contingency) Budgeted? Y/N Capital Improvement Fund $0 $750,000 N Capital Improvement Fund (Engineering Services) $0 $35,000 N SSA (water fund as backup) $0 $40,448 N The FY16 Budget did not contemplate the Regency Lane SSA. All SSA costs will be charged to the Capital Improvements Fund (311-0050-417-7695), with the exception of the potential for some contingency amount to be charged to the Water Fund. If needed, a supplemental appropriation ordinance will be presented for City Council at the end of the fiscal year. The SSA taxes upon receipt will reimburse the Capital Improvements Fund. COUNCIL ACTION: Staff is requesting City Council approval of the following Regency Lane Area Sanitary Sewer Improvement Project contracts: 1. Base contract to R.A. Mancini in the amount of $665,727. 2. Perez Landscaping in the amount of $6,720. 3. Peter Baker & Sons in the amount of $46,142. 4. For any unforeseen circumstances, a 10% “non-contractor specific” contingency of $71,859 be approved for use with any of the three contractors specified above. 5. GeWalt Hamilton for engineering oversight in the amount of $35,000. 6 Monday, October 5, 2015 City Council Agenda C. Consideration and Approval to Engage the Professional Services of Alfred Benesch & Company/Legat Architects, to Complete the Phase II Construction Documents for the East Train Station Stage 3 (Interior) Improvements. PRESENTED BY: Catherine Waldeck, Chairman Public Works Committee STAFF CONTACT: Mike Strong, Assistant to the City Manager (810-3680) PURPOSE AND ACTIONS REQUESTED: 1. Authorize the Mayor to execute a consultant agreement for design services with Alfred Benesch & Company/Legat Architects, contingent upon IDOT concurrence, for the Phase II design engineering for the Central Business District Train Station Stage 3 Improvements (Interior) in an amount of $56,321 to include the authorization to expend, if necessary, an additional amount not to exceed 5% of the contract award for unforeseen change orders that may occur during the administration of this project. 2. Authorize the City Manager to execute an agreement with Alfred Benesch & Company/Legat Architects to proceed with the development of preliminary phase II architectural design documents for an expense not to exceed $20,000. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Property & Public Lands Committee August 31, 2015 Reviewed Public Works Committee September 21, 2015 Reviewed Public Works Committee October 5, 2015 Review & Approval to Proceed BACKGROUND/DISCUSSION: The Central Business District train station, often viewed as the fourth corner of Market Square, is a historic icon of the community and serves as the gateway and central transportation hub for hundreds of daily commuters and visitors to Lake Forest. The City leased the station from Union Pacific railroad/METRA since the late 1970s in order to preserve the structure from threats of demolition. Renovation of the station completed at that time is now nearly 40 years old and major renovation is needed in order to protect it from further deterioration. Since 2005, the City has been working to secure funding that would allow for the restoration and renovation of the Central Business District train station. In 2010 and 2012, the City received Illinois Transportation Enhancement Program (“ITEP”) grants totaling over $2.07 million in grant funding for this project. Due to the costs associated with the renovation, the City opted to separate the phases of renovation work into three distinct stages, contingent upon funding availability: • Stage 1 – Restore the roof consistent with the original design of the train station, to include slate, restoration of dormers, and hipped roof elements, and removal of non-architecturally significant features. (Completed in 2012) 7 Monday, October 5, 2015 City Council Agenda • Stage 2 – Restoration and repair of the exterior wood and stucco, and tuck- pointing. (In process, currently out to bid – to be completed in Summer 2016) • Stage 3 – Interior renovation including bathroom renovations, flooring, fire protection, retail space renovation, and achieving ADA compliance. The remaining stages to be completed include Stage 2 (exterior) and Stage 3 (interior) improvements. Stage 2 work is currently out to bid, and the City anticipates having a bid prepared for City Council review and approval during the second meeting in October. This work is tentatively scheduled to begin in February 2016, and be completed in fall of 2016. The remaining grant funds, after contract approval for Stage 2, will be used on a priority basis for the Stage 3 improvements. In August 2015, the City issued a Request for Qualifications (“RFQ”) for Architectural and Engineering Services for the stage 3 improvements. The City received ten (10) statements of qualification, and conducted an internal review of the responses. A review committee opted to invite five (5) firms to participate in interviews on September 10. As a result of the qualification statement review and interviews conducted, the review committee engaged two (2) firms in negotiations and requested formal cost proposals for the scope of work laid out in the RFQ. There are two main issues to consider concerning the Phase II design engineering for Stage 3 improvements. These issues include the firm’s proposed schedule/timeline for completing the work as outlined in the RFQ, and the costs/grant impact associated with the requested services. Schedule/Timeline: It is City staff’s intention to pursue the Stage 3 improvements as expeditiously as possible, and has suggested three different approaches to achieve this outcome, and provided this information to both firms. • Option 1: Fund 100% of architectural/engineering services for Phase II of Stage 3 improvements through ITEP grant funds • Option 2: Pay up to $20,000 locally to fund preliminary design (which would include up to 30% preliminary design), and fund the remaining Phase II design through ITEP grant funds • Option 3: Pay 100% of architectural/engineering services for Phase II of Stage 3 improvements locally. The City is not obligated to fund the phase II engineering from ITEP grant funding. As demonstrated in Table 1, the benefit of paying a portion of the design work locally could save a minimum of a month and a half on the project schedule. 8 Monday, October 5, 2015 City Council Agenda Table 1: Anticipated Project Schedule and Milestones Anticipated Timeline Dates Project Milestone Anticipated Timeframe Option 1 Option 2 Option 3 Consultant Agreement to IDOT - 10/8/16 10/8/16 - IDOT Consultant Agreement Approval 14 weeks 1/12/16 1/12/16 - Architectural Design Completed 45 days 3/14/16 2/15/16 12/1/15 Submit Phase III Agreement & Letting Request 14 weeks 3/16/16 12/1/15 11/17/15 IDOT Review/Revisions Commences 6-8 weeks 3/25/16 2/16/16 1/15/16 Final PS & E to IDOT 4 weeks 5/23/16 4/13/16 2/15/16 IDOT Bulletin/Bid Announcement 3 weeks 6/23/16 5/12/16 3/17/16 Bid Opening - 7/14/16 6/2/16 5/12/16 IDOT Approval for Bid Award 4 weeks 8/15/16 7/1/16 6/14/16 Construction Start - 8/29/16 7/15/16 6/28/16 Construction Complete 4 months 1/1/17 11/15/16 10/7/16 Potential Time Saving - 1.5 months 3 months Any grant funds that aren’t used for design would be eligible to be used for the construction (Phase III) costs. The schedule above has been provided by Alfred Benesch & Company/Legat Architects, and is based on timelines provided by IDOT outlining the anticipated timeframes established for the review and approval of their agreements. Both IDOT and City staff has reviewed these options with the anticipated timeframes and believe it presents a fair and reasonable timeline for each option. It is the City’s intent to engage with a firm that is familiar with the process and paperwork that is required by IDOT, and who understands the agreement and approval process as set forth by the ITEP grant. Based on the interviews and proposals that were received, the review committee felt that Alfred Benesch & Company/Legat Architect’s experience with train-related projects, knowledge, and history working with Lake County and IDOT District 1 position them well to lead this project successfully. 9 Monday, October 5, 2015 City Council Agenda Project Costs: If approved, the professional service fee to hire Alfred & Benesch & Company/Legat Architects would be a maximum amount of $76,321. The total professional services fee for Alfred Benesch & Company/Legat Architects would be contingent upon the final design scope of phase II; and based on actual billable hours. Depending on the option selected to proceed, there may be additional costs to the City (See Table 2). Table 2: ITEP Grant Funding Impact Option 1 Option 2 Option 3 Current ITEP Funding Balance (Stage 3) $750,000 $750,000 $750,000 Stage 3 Design Proposal Local Share Costs (20% of cost) $15,265 $11,265 - Federal Participation (ITEP) Costs (80% of cost) $61,056 $45,056 - Additional Local Costs (Non-reimbursable) - $20,000 $76,321 Remaining ITEP Funding Balance $673,679 $693,679 $750,000 Total Local Share Costs (City Expenses) $150,000 $170,000 $226,321 As outlined in the schedule of projected costs (see page 38), current pre-design conceptual estimates for priority 1-3 items exceed $800,000. This amount includes both construction and the construction management (phase III) expenses. The priority 1 items, which include minor mechanical rework, bathroom renovations, ADA compliance, and the lobby flooring account for $435,000 of this amount. City staff is confident that options 1 and 2 would allow for a remaining balance to cover priority 1 and 2 options, based on these pre-design estimates; but option 3 would provide enough remaining grant resources to complete the majority of the remaining renovations. RECOMMENDATIONS: In evaluating the firm’s experience on similar projects, proposed schedules, project approach, and budget impact as provided by the firms, City staff is recommending that City Council engage Alfred Benesch & Company/Legat Architects for the Phase II construction document preparation for the stage 3 improvements. With respect to the schedule options presented, City staff is recommending that City Council opt for Option 2, at this time. There is some value in spending an additional $20,000 locally to speed up the design process, if the City can reduce the construction schedule by 4-6 weeks during the fall and winter seasons. Should agreements be received more quickly than identified, then additional time savings will be realized. Lastly, Staff anticipates that the cost estimates for the priority 1, 2 and 3 items will be reduced as construction documents are finalized through the phase II design process. By 10 Monday, October 5, 2015 City Council Agenda spending $20,000 upfront, it would increase our grant funding capacity to provide the City with greater latitude for covering potential contingencies for construction. BUDGET/FISCAL IMPACT: Below is an estimated summary of the Project budget: FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N ITEP Grant#2 Balance $157,304 $56,321 Yes General Fund Reserves - $20,000 No COUNCIL ACTIONS: 1. Authorize the Mayor to execute a consultant agreement for design services with Alfred Benesch & Company/Legat Architects, contingent upon IDOT concurrence, for the Phase II design engineering for the Central Business District Train Station Stage 3 Improvements (Interior) in an amount of $56,321 to include the authorization to expend, if necessary, an additional amount not to exceed 5% of the contract award for unforeseen change orders that may occur during the administration of this project. 2. Authorize the City Manager to execute an agreement with Alfred Benesch & Company/Legat Architects to proceed with the development of preliminary phase II architectural design documents for an expense not to exceed $20,000. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the September 8, 2015 City Council Meeting Minutes A copy of the minutes begins on page 39 2. Approval of the September 21, 2015 City Council Meeting Minutes A copy of the minutes begins on page 44 3. Check Register for Period August 29- September 25, 2015 Fund Invoice Payroll Total General 339,073 1,142,245 1,481,317 Water & Sewer 96,150 117,777 213,927 Parks & Recreation 127,145 315,367 442,512 11 Monday, October 5, 2015 City Council Agenda 4. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (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 Building Review Board is presented to the City Council for consideration as part of the Omnibus Agenda. 421 Spruce Avenue - The Building Review Board recommended approval of the demolition of the existing residence and detached garage and approval of a replacement residence, detached garage and landscape plan. In response to concerns from the neighboring property owner, the site plan was modified to shift the driveway. (Board vote: 7-0, approved) The Ordinance approving the petition as recommended by the Building Review Board, with key exhibits attached, is included in the Council packet beginning on page 50. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving the petition in accordance with the Building Review Board’s recommendation. 5. Consideration of a Motion and an Ordinance Approving Recommendations from the Plan Commission and the Building Review Board for the Lake Forest Townhomes. (Approval of a Motion and First Reading of an Ordinance and if Desired by the City Council, Final Approval) Capital Improvements 810,499 0 810,499 Motor Fuel Tax 0 0 0 Cemetery 10,963 18,213 29,176 Senior Resources 13,366 15,013 28,379 Deerpath Golf Course 12,652 497 13,149 Fleet 138,367 38,835 177,202 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 4,000 0 4,000 All other Funds 323,549 163,831 487,381 $1,875,762 $1,811,779 $3,687,541 12 Monday, October 5, 2015 City Council Agenda STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendations from the Plan Commission and Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. A three unit development is proposed on the northeast corner of McKinley Road and Wisconsin Avenue. This site was formerly developed with five structures which housed nine rental units. Under the prior ownership, the structures fell into disrepair and in 2010, the City required removal of all of the structures for health and life safety reasons. The property is now under new ownership and redevelopment of the site with three condominium units, configured in two buildings, is now proposed. The Plan Commission held a public hearing on a request for tentative and final approval of a plat of consolidation and plat of condominium. The plat of consolidation reconfigures the existing five parcels into two parcels to support the redevelopment plan. The plat of condominium identifies the common areas of the development. The Plan Commission heard testimony from five residents, all commending the clean-up of the site and the development plan. In response to a concern from a neighbor, the garages were shifted to the west to provide a greater setback from the alley. Other residents asked that careful consideration be given to drainage in the overall area. It was noted that the proposed plan will result is less impervious surface than the previous development. Commission vote: 5 to 0, approved. The Building Review Board recommended approval of the proposed buildings, overall site plan and landscape plan. The Board heard testimony from one resident complimenting the proposed development. The Board commended the overall development. (Board vote: 6-0, approved) Background materials in support of this petition are included in the Council packet beginning on page 60. COUNCIL ACTION: If determined to be appropriate by the City Council: 1) Approve a motion in support of the final plats of consolidation and condominium in accordance with the Plan Commission’s recommendation. and 2) Waive first reading and grant final approval of the Ordinance approving the petition in accordance with the Building Review Board’s recommendation. 6. Consideration of an Ordinance Amending Sections 50 and 51 of the City Code Relating to Solid Waste and Water (Second Reading/Final Approval) STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting second reading / final approval of an amendment to the City Code pertaining to Solid Waste and Water. 13 Monday, October 5, 2015 City Council Agenda 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. An ordinance for each Chapter amendment is included in the agenda packet beginning on page 80. 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 City Council September 21, 2015 Approved First Reading 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 second reading / final approval of both ordinances. City Council made no changes to either Chapter at the September 21, 2015 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: Second reading and final approval of recommended changes to the City Code relating to Solid Waste and Water per the attached Ordinances. COUNCIL ACTION: Approve the six (6) Omnibus items as presented. 6. ORDINANCES 14 Monday, October 5, 2015 City Council Agenda 7. ORDINANCES AFFECTING CODE AMENDMENTS 8. NEW BUSINESS 1. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals in Support of an Amendment to the Special Use Permit for the Winter Club. (First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) On May 26th and July 27th, 2015, the Zoning Board of Appeals considered a request from the Winter Club for an amendment to its Special Use Permit to allow the following modifications.  The addition of a fourth, platform paddle tennis court and installation of the associated lights, fencing and landscaping.  A shift of the parking lot located off of Wisconsin Avenue, and the associated curb cut, to the south to accommodate the fourth paddle court.  Expansion of the summer parking area accessed off of Wisconsin Avenue into the footprint of the large hockey rink.  Expansion of the Club boundaries to incorporate the property addressed as 936 N. Sheridan Road, a property now owned by the Club, into the Winter Club grounds.  Expansion of the Club parking lot on to the 936 N. Sheridan Road property to provide an area for employee parking.  The addition of a walk-in cooler adjacent to the south end of the Clubhouse, partially on the 936 N. Sheridan Road property. The Club explained that the proposed modifications are necessary to meet the interests and needs of the changing demographics of the community and to keep the Winter Club vital. A similar request was presented to the Zoning Board of Appeals in August, 2012. At that time, the Board heard concerns from several neighboring property owners about the frequency and intensity of activities occurring at the Club and the impacts that the resulting parking, noise, lights and views were having on the surrounding homes. After the hearing in August, 2012, the Winter Club did not pursue the proposed improvements but instead, worked to address the neighbors’ concerns through operational changes, improved parking management and greater attention in particular to the perimeter of the Club property. An overview of the improvements made since 2012 was presented to the Zoning Board of Appeals. During the most recent review of the petition, the Zoning Board of Appeals heard testimony from residents and Club members in support of the proposed changes and the Club overall. The Board also heard testimony from residents who stated concerns about the current activities at the Club and opposition to the proposed modifications. 15 Monday, October 5, 2015 City Council Agenda In its deliberations, the Board recognized and commended the changes made by the Club since 2012 to respond to the neighbors’ concerns. The Board stated support for the numerous conditions of approval presented by staff noting that the conditions mitigate not only the impact of the modifications now proposed at the site, but also the impact of the current operations on the surrounding neighborhood. The Board noted that the conditions go beyond the limitations in the previous Special Use Permits issued to the Club. A detailed review of the discussion is provided in the Board’s report and the meeting minutes, both of which are included in the Council packet beginning on page 108. Also included in the Council’s packet are the existing and proposed site plans, landscape images, the Club’s statement and operating policies and the correspondence received on this matter by the Board. An Ordinance amending the Special Use Permit to allow modifications to the Winter Club facility as requested and establishing conditions of use as recommended by the Zoning Board of Appeals will be provided to the Council under separate cover. The Ordinance includes the findings on which the recommendation is based and the recommended conditions of approval. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance amending the Winter Club’s Special Use Permit as recommended by the Zoning Board of Appeals. 9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 10. ADJOURNMENT Office of the City Manager September 30, 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. 16 17 18 1 THE CITY OF LAKE FOREST ORDINANCE NO. 15-_____ AN ORDINANCE ESTABLISHING THE CITY OF LAKE FOREST SPECIAL SERVICE AREA NO. 40 (REGENCY LANE AREA SEWER IMPROVEMENT PROJECT) WHEREAS, various residents (“Petitioners”) of The City of Lake Forest, Lake County, Illinois (“City”) have filed petitions with the City requesting the establishment of a special service area (the “Area”) for sanitary sewer services; and WHEREAS, the City desires to establish Special Service Area No. 40 to improve sanitary sewer service for the area legally described in Exhibit A attached to and, by this reference, made part of this Ordinance (“SSA Law”); and WHEREAS, the City Council of the City has determined that it is in the best interest of the residents of SSA No. 40 and the City to establish a special service area pursuant to the SSA Law for the purpose of improving sanitary sewer service; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows: SECTION ONE: Authority. The City is authorized, pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (the “Act”), to establish special service areas for the provision of special governmental services in portions of the City and to levy or impose a special tax for the provisions of such special services. SECTION TWO: Findings. (a) Pursuant to Section 27-20 of the SSA Law, the Petitioners have filed petitions with the City requesting that the City establish the proposed SSA No. 40. 19 2 (b) The question of establishment of the area was considered by the Mayor and City Council of the City pursuant to “An Ordinance Proposing the Establishment of the Lake Forest Special Service Area No. 40 (Regency Lane Area Sewer Improvement Project),” being Ordinance No. 2015-42 adopted on August 3, 2015. The purpose of the proposed Special Service Area (“Regency Lane Area Sanitary SSA”) is to provide sanitary sewer service to the territory within the proposed boundaries of the Regency Lane Area Sanitary SSA in the nature of constructing a new sanitary sewer to provide the Area with a safe and adequate sanitary sewer (“Special Services”). The establishment of the Regency Lane Area SSA was considered at a public hearing held and concluded on August 17, 2015, at 6:00 p.m., in the City Council Chambers of the Lake Forest City Hall, 220 Deerpath Road, Lake Forest, Illinois. Said hear was held pursuant to notice duly published in the Lake County News Sun, a newspaper of general circulations within the City, on July 31, 2015, which was a date at least fifteen days prior to the hearing, and also pursuant to notice by mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area. Said notice by mail was given by depositing said notice in the United States mail not less than ten (10) days prior to the date set for the public hearing. A Certificate of Publication of Notice and an Affidavit of Mailing of Notice are attached hereto and, by this reference, incorporated herein and made part hereof as Exhibits A and B, respectively. Said notices conform in all aspects to the requirements of the SSA Law. (c) At the public hearing on August 17, 2015, all interested persons were given an opportunity to be heard on the question of the creation of the special service area and on the question of the imposition of a tax pursuant to a special tax roll in connection with the 20 3 proposed special service area sufficient to produce revenues to provide the Special Services to the Regency Lane Area SSA. (d) As provided in Section 27-55 of the Act, if a petition is signed by 51 percent of the electors residing within the proposed SSA No. 40 and at least 51 percent of the owners of record of property within the proposed SSA No. 40 is filed with the City Clerk within sixty days following the adjournment of the public hearing, objecting to the establishment of SSA No. 40, then SSA No. 40 shall not be established. Said objection has not been filed with the City Clerk, and based upon their consideration of the data as presented to the City Council and at the public hearing, the Mayor and City Council of the City find that (i) no objection to the establishment of the Regency Lane Area SSA has been filed by at least 51 percent of the owners of record of property within the area and 51 percent of the electors residing in the area, and (ii) it is in the best interest of the City and of the residents and property owners of the City of Lake Forest Special Service Area No. 40 that said special service area, as hereinafter described, be established. (e) The territory within the special service area is compact and contiguous as required by the SSA Law. (f) It is in the best interests of the City that the Area be created for the financing of the Improvements within the Area and that taxes be levied on real property within the Area to cover costs and expenses connected with the financing of the Improvements within the Area at an annual interest rate not to exceed of 3.5%. (g) The City Council hereby determines that the furnishing of the Special Services serve the common interests of the residents and owners within the Regency Lane Area SSA, which residents and owners will benefit specially from the special services. 21 4 SECTION THREE: City of Lake Forest Service Area No. 40 Established. A Special Service Area No. 40 to be known and designated as “City of Lake Forest Special Service Area No. 40 (Regency Lane Area Sewer Improvement Project)” is hereby established and shall consist of the contiguous territory legally described in Exhibit C hereto, and outlined on the map of a portion of the City attached as Exhibit D hereto (the “Subject Territory”), which description and map are by this reference incorporated herein and made a part hereof. SECTION FOUR: Purpose of Area. (a) Special Services. The City of Lake Forest Special Service Area No. 40 is established to provide the Special Services to directly serve the Subject Territory, in addition to those services provided in the City generally, so as to provide a safe and adequate sanitary sewer to the properties within the special service area. Specifically, the Regency Lane Area SSA is established so that the City may levy taxes to pay for the Special Services, as well as associated costs (including, without limitation, engineering, administration, legal, publication, financing, and recording costs) through an annual tax levy against the properties in the Subject Territory, in accordance with the Special Tax Roll established by this Ordinance. In order to provide the Special Services, the City is prepared to cause both Public Improvements and Private Improvements to be made within the Subject Territory as further described in Subsections 4(b) and 4(c) of this Ordinance. (b) Public Improvements: The Special Services shall include the design, construction, and installation of all sanitary sewers and associated distribution and storage facilities, metering facilities or equipment, and other related facilities or equipment necessary to extend sanitary service from the terminus of the City’s existing sanitary sewer system into and throughout the Subject Territory (the “Public Improvements”). Once complete, 22 5 the City shall take ownership and maintenance responsibility of the Public Improvements in perpetuity, no provisions with this Ordinance shall require the property owners or their heirs, to be responsible for the ongoing maintenance of the Public Improvements. (c) Private Improvements: The Special Services may also include the design, construction and installation of the following improvements on each lot within the Subject Territory: (i) a sanitary sewer service lateral stub extending from the public sewer into the interior of the residence lot, (ii) fill and seeding of all external excavation, and (iii) restoration of private roadway improvements (the “Private Improvements”). The Private Improvements shall not include (i) a sanitary sewer service line extending from the lateral service stub into the interior of the residence, (ii) a connection from the sanitary sewer service line to the interior sanitary line, (iii) any additional interior or exterior restoration, finishing, or cosmetic work, or the removal of any existing sanitary treatment tanks, equipment, or piping on a lot. Any future connection to the sanitary sewer system shall not be included in the Special Services and must be completed by the Owner at the Owner’s sole expense, but excluding any City or North Shore Water Reclamation District permit or connection fees. Fees associated with the abandonment or decommissioning of any existing sanitary sewer septic systems shall also be at the expense of the property owner, and are not included in the Special Services. SECTION FIVE. Special Tax Roll for the Regency Lane Area SSA. (a) Based on the Subject Territory, and number of parcels located therein, the maximum annual taxes to be extended within the special service area for the construction of the Special Services and to finance such construction is hereby established to not exceed $4,000 per lot/parcel or $79,000 collectively, which payments may not continue for more than 20 years. The taxes described in this Section 5(a) will be payable within the Regency Lane Area SSA 23 6 pursuant to a special tax roll, as further described in Section 5(b) below. Any changes to the Subject Territory shall be modified pursuant to Section 5(f) below. (b) Special Tax Roll. The SSA taxes that may be imposed pursuant to Section 5(a) will be payable pursuant to a special tax roll (Exhibit E). The special tax roll will allocate annual SSA taxes equally on a per lot basis among the lots within the Subject Territory. The Mayor and City Council have determined that such special tax roll is a fair and reasonable basis for allocating the SSA taxes in light of the equal access that each residence within the Subject Territory will have to the Special Services and the corresponding value to each residents resulting from such access. The Special Tax Roll may be amended by the City Council pursuant to subsection 5(d) and 5(e). (c) Termination. The City reserves the right to terminate work on the Public Improvements and Private Improvements for the Regency Lane Area SSA, and to cease all efforts to provide Special Services, in the event that the City does not receive (i) cost-effective bids for undertaking the work for the Public Improvements and Private Improvements, or (ii) timely receipt of all necessar y easements. Notwithstanding any such termination of work, the City may continue to levy SSA taxes within the Regency Lane Area SSA until such time as all expenses incurred and obligations undertaken in connection with the Special Services have been fully paid and satisfied. (d) Prepayment. Notwithstanding the provisions for levying annual SSA taxes in this Ordinance, the City reserves the right to offer a prepayment option to the Lot owners within the Subject Territory on such terms as the City may establish. Any changes to the Regency Lane Area SSA tax, pursuant to subsection 5(e), shall not require the City to reimburse 24 7 or redistribute any refunds or assess additional tax levies as a result of the number of lots that exist in the Subject Territory. (e) Changes in Subject Territory. Should the arrangement or number of lots in the Subject Territory change after the establishment of this Ordinance and during the term of the SSA, the special tax roll shall be amended to redistribute the remaining obligations equally to all lots in the Subject Territory that have elected not to prepay pursuant to subsection 5(d). (f) Tax Levy Ordinance. Following the effective date of this Ordinance, the City Council may commence the levy of taxes upon the parcels within the Subject Territory. SECTION SIX: Supersede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. SECTION SEVEN: Filing, Recordation. The City Clerk is hereby directed and required to file this Ordinance and any other required materials with the Lake County Clerk and The Office of the Lake County Recorder, as appropriate. SECTION EIGHT: Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED this 19th day of October, 2015. AYES: NAYS: ABSENT: ABSTAIN: APPROVED this 19th day of October, 2015. ______________________________ Mayor ATTEST: 25 8 ______________________________________ City Clerk 26 9 EXHIBIT A CERTIFICATE OF PUBLICATION NOTICE 27 10 EXHIBIT B EVIDENCE OF MAILING OF NOTICE CERTIFICATE OF SERVICE I, _______________________________, hereby certify that I have served a copy of the foregoing (a) Notice of Public Hearing on the Establishment of The City of Lake Forest Special Service Area No. 40 (Regency Lane Area Sewer Improvement Project), attached as Exhibit A and, by this reference, made a part of this Certificate of Service, and (b) Petition to Establish Special Service Area, attached as Exhibit B, by delivering the same via United States Postal Service on the ___ day of _____________, 2015. ______________________________ SUBSCRIBED and SWORN to Before me this ____ day of _____________, 2015. Notary Public Notary Public 28 11 EXHIBIT C LEGAL DESCRIPTION OF SSA NO. 40 THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 44 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, THENCE NORTH ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER OF THE SAID SOUTHWEST QUARTER 33 FEET, THENCE EAST PARALLEL WITH AND 33.00 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, 438.31 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, 496.90 FEET; TO A POINT 438.31 FEET EAST OF AFORESAID WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19; THENCE EAST PARALLEL WITH SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, 767.00 FEET, MORE OR LESS, TO A POINT ON A LINE PARALLEL TO AND 109.90 FEET WEST OF THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19; THENCE SOUTH ALONG SAID PARALLEL LINE 529.90 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, 767.80 FEET, MORE OR LESS, FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19; THENCE 109.90 FEET EAST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19 TO THE NORTH AND SOUTH QUARTER SECTION LINE OF SECTION 19, THENCE 123.3 FEET EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, THENCE N 00°01’27” W ALONG THE WEST LINE OF LOT 4 OF O’LEARY ESTATES SUBDIVISION 203.80 FEET, THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19 TO THE EAST LINE OF SAID LOT 4. THENCE NORTH ALONG SAID EAST LINE 140.25 FEET TO THE NORTHWEST CORNER OF LOT 2 OF O’LEARY ESTATES SUBDIVISION, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 2, 400.61 FEET TO THE WEST RIGHT-OF-WAY LINE OF WAUKEGAN ROAD (ROUTE 43). THENCE SOUTHEASTERLY ALONG THE WEST RIGHT-OF-WAY OF WAUKEGAN ROAD TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, THENCE EAST ALONG SAID SOUTH LINE TO A POINT ON THE WEST RIGHT-OF-WAY OF WAUKEGAN ROAD 33 FEET FROM THE CENTERLINE OF THE SAID RIGHT-OF-WAY; THENCE SOUTHEASTERLY ALONG THE WEST RIGHT-OF-WAY OF WAUKEGAN ROAD TO A POINT ON A LINE PARALLEL TO AND 252 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, THENCE WEST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID 29 12 NORTHEAST QUARTER, 17.5 FEET, MORE OR LESS, TO A POINT ON A LINE 50 FEET WEST FROM THE CENTERLINE OF THE RIGHT-OF-WAY OF WAUKEGAN ROAD. THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY OF WAUKEGAN ROAD TO A POINT ON A LINE PARALLEL TO AND 964.84 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, THENCE WEST ALONG SAID PARALLEL LINE 647.91 FEET TO A POINT ON THE NORTH LINE OF LOT 3 OF THE MACKENZIE SUBDIVISION 360 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 3, THENCE ALONG A STRAIGHT LINE SOUTHEASTERLY 178.95 FEET, MORE OR LESS, TO A POINT ON A LINE PARALLEL TO AND 80.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT 3, THENCE WEST ALONG A LINE PARALLEL TO AND 80 FEET SOUTH OF THE NORTH LINE OF LOT 3, 200 FEET, THENCE NORTH ALONG A LINE 89.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30 683.56 FEET, THENCE WEST 1404.00 FEET, MORE OR LESS ALONG A LINE 360.96 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30 TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30. THENCE NORTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, 360.96 FEET TO THE POINT OF BEGINNING. commonly known as 1100 – 1200 Regency Lane, 1500 – 1590 Waukegan Road, and 0 Waukegan Road, all in Lake Forest, Illinois, and further identified by the following property tax index numbers (PINs): 12- 30-201-002, 12-30-201-003, 12-30-201-004, 12-19-300-002, 12-19-405-003, 12-19-405-005, 12-19-405- 006, 12-30-100-003, 12-30-200-001, 12-30-200-003, 12-30-201-005, 12-30-201-014, 12-30-201-018, and 12-30-201-019 30 13 EXHIBIT D MAP 31 14 EXHIBIT E SPECIAL TAX ROLL Dated October 19, 2015 32 September 25, 2015 Mr. Michael Thomas City of Lake Forest 800 N. Field Drive Lake Forest, IL 60045 Re: City of Lake Forest Regency Lane Sanitary Sewer- Phase III Services Proposal Dear Mr. Thomas: Thank you for requesting this proposal from Gewalt Hamilton Associates (GHA) to perform construction engineering services for the Regency Lane Sanitary Sewer project. We understand the City has requested a proposal to provide construction observation and oversight for this project, expected to start on November 2, 2015 and be completed by December 18, 2015. Scope of Services Based on the scope of the Regency Lane Sanitary Sewer project, we would anticipate a weekly demand of 45-50 hours per week for approximately six weeks. It is understood that some Saturday and/or Sunday work may be included at the option of the contractor. GHA personnel will provide construction observation services to assist the City in confirming that materials and procedures utilized are being installed in general conformance with the contract, plans, and specifications. In addition, our field personnel will keep a detailed photo log of the construction process. GHA will prepare a daily diary and weekly reports. GHA will also tabulate daily quantities, maintain a quantity book, prepare pay estimates, and other reports if necessay. GHA will measure, record, and provide source documentation on a daily basis for quantities of work for which payment will be made. GHA will keep a project file, including the necessary up-to-date documentation. GHA will review and monitor traffic control requirements during the normal course of our work. We will follow the IDOT requirements, and inform the Contractor of deficiencies that we note. It is ultimately 100% the responsibily of the Contractor(s) to ensure that traffic control measures are being followed. The Resident Engineer as well as any additional staff, as needed, would be provided in accordance with the existing contract agreement rates between GHA and the City of Lake Forest as indicated below. Billing will be on a time and material basis. Based on the typical construction duration for a project of this type, we would recommend a budget of $35,000 for the scope of construction services noted above. Please note the initial budget was slightly less as it anticipated a construction timeframe of spring of 2016; we anticipate the November-December timeframe may result in slower progress and more time spent in the field. The existing contract agreement rates are noted below for reference; please note that these rates represent a discount of approximately 10% off of our standard rates. 33 Regency Lane Sanitary Sewer- Phase III Services September 25, 2015 Page 2 Staff Description Contract Rates for 5/1/14 to 4/30/16 Principal Engineer $156/hr Senior Engineer/Project Manager $128/hr Professional Eng./Project Consultant $108/hr GIS Professional $108/hr Staff Engineer $100/hr Senior Engineering Technician $102/hr Engineering Technician II $88/hr Engineering Technician I $62/hr Clerical $50/hr Any reimbursable expenses if required, including items such as printing, messenger service, mileage etc., will be billed direct to the Client without markup. Mileage is billed at $0.50/mile. Statements of GHA charges made against a project are submitted to clients every four weeks and will detail services performed. This permits the client to review the status of the work in progress and the charges made. General Conditions The delineated services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be performed as reasonably required in accordance with the generally accepted standards for civil engineering and surveying services as reflected in the contract for this project at the time when and the place where the services are performed. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or GHA. GHA’s services under this Agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against GHA because of this Agreement or the performance or nonperformance of services hereunder. In no event shall GHA be liable for any loss of profit or any consequential damages. GHA shall not have control of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for job site safety measures. Such control is the sole responsibility of the Client’s contractor. The Client, and not GHA, is responsible for ensuring that the contractor implements the Storm Water Pollution Prevention Plan (SWPPP), including maintenance and/or repair of soil erosion and sediment control measures for compliance with the General NPDES Permit for Storm Water Discharges from Construction Site Activities. GHA assumes no liability for any actions by the Illinois Environmental Protection Agency (IEPA) resulting from the contractor’s failure to comply with SWPPP or the requirements of the General Permit. The Client and GHA agree that all disputes between them arising out of or relating to this Agreement or the Project shall be submitted to nonbinding mediation in Chicago, Illinois unless the parties mutually agree otherwise. This Agreement, including all subparts and Attachment A, which is attached hereto and incorporated 34 Regency Lane Sanitary Sewer- Phase III Services September 25, 2015 Page 3 herein as the General Provisions of this Agreement, constitute the entire integrated agreement between the parties which may not be modified without all parties consenting thereto in writing. Should you have any questions, please feel free to contact us. If our proposal is acceptable, please sign below indicating your acceptance of this Agreement in its entirety. Sincerely, Gewalt Hamilton Associates, Inc. Daniel J. Strahan, P.E., CFM Associate/Senior Engineer ACCEPTED BY: City of Lake Forest Michael Thomas Public Works Director Date Encl.: Attachment A 35 Attachment A, September, 2014 Page 1 of 2 ATTACHMENT A TO GEWALT HAMILTON ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT 1. Standard of Care. The services provided by Gewalt Hamilton Associates, Inc., (GHA) under this Agreement will be reasonably performed consistent with the generally accepted standard of care for the Scope of Basic Services called for herein at the time when and the place where the services are provided. 2. Duration of Proposal. The terms of this Agreement are subject to renegotiation if not accepted within 60 calendar days of the date indicated on this Agreement. Requests for extension beyond 60 calendar days shall be made in writing prior to the expiration date. The fees and terms of this Agreement shall remain in full force and effect for one year from the date of acceptance of this Agreement, and shall be subject to revision at that time, or any time thereafter if GHA gives written notice to the other party at least 60 calendar days prior to the requested date of revision. In the event that the parties fail to agree on the new rates or other revisions, either party may terminate this Agreement as provided for herein. 3. Client Information. Client shall provide GHA will all project criteria and full information for its Scope of Basic Services. GHA may rely, without liability, on the accuracy and completeness of the information Client provides, including that of its other consultants, contractors and subcontractors, without independently verifying that information. 4. Payment. Payments are due within 30 calendar days after a statement is rendered. Statements not paid within 60 calendar days of the end of the calendar month when the statement is rendered will bear interest at the rate of one percent (1.0%) per month until paid. The provision for the payment of interest shall not be construed as authorization to pay late. Failure of the Client to make payments when due shall, in GHA’s sole discretion, be cause for suspension of services without breach or termination of this agreement. Upon notification by GHA of suspension of services, Client shall pay in full all outstanding invoices within 7 calendar days. Client’s failure to make such payment to GHA shall constitute a material breach of the Agreement and shall be cause for termination by GHA. GHA shall be entitled to reimbursement of all costs actually incurred by GHA in collecting overdue accounts under this Agreement, including, without limitations, attorney’s fees and costs. GHA shall have no liability for any claims or damages arising from either suspension or termination of this Agreement due to Client’s breach The Client’s obligation to pay for GHA’s services is in no way dependent upon the Client’s ability to obtain financing, rezoning, payment from a third party, approval of governmental or regulatory agencies or the Client’s completion of the project. 5. Instruments of Service. The Client acknowledges GHA’s plans and specifications, including field data, notes, calculations, and all documents or electronic data, are instruments of service. GHA shall retain ownership rights over all original documents and instruments of service. All instruments of service provided by GHA shall be reviewed by Client within 10 calendar days of receipt. Any deficiencies, errors, or omissions the Client discovers during this period will be reported to GHA and will be corrected as part of GHA’s Basic Services. Failure to provide such notice shall constitute a waiver. The Client shall not reuse or make, or permit to be made any modifications to the instruments of service without the prior written authorization of GHA. The Client waives all claims against GHA arising from any reuse or modification of the instruments of service not authorized by GHA. The Client agrees, to the fullest extent permitted by law, to defend and indemnify and hold GHA harmless from any liability, damage, or cost, including attorneys’ fees, arising from the unauthorized reuse or modification of the instruments of service by any person or entity. The parties agree that if elements of the Scope of Basic Services identified in this Agreement are reduced and/or eliminated by Client, then Client waives, releases and holds GHA harmless from all claims and damages arising from those reduced and/or eliminated services. If GHA’s Scope of Basic Services does not include construction administration phase services, Client assumes responsibility for interpretation of the instruments of service and construction observation, and waives all claims against GHA for any act, omission or event connected thereto. Unless included in GHA’s Scope of Basic Services, GHA shall not be liable for coordination with of the services of Client’s other design professionals. 6. Electronic Files. The Client acknowledges that differences may exist between the electronic files delivered and the printed instruments of service. In the event of a conflict between the signed / sealed printed instruments of service prepared by GHA and the electronic files, the signed / sealed instruments of service shall control. GHA’s electronic files shall be prepared in the current software GHA uses and will follow GHA’s standard formatting unless the Scope of Basic Services requires otherwise. Client accepts that GHA makes no warranty that its software will be compatible with other systems or software. 7. Applicable Codes. The Client acknowledges that applicable laws, codes and regulations may be subject to various, and possibly contradictory, interpretations. Client accepts that GHA does not warrant or guarantee that the Client’s project will comply with interpretations of applicable laws, codes, and regulations as they may be interpreted to the project. Client agrees that GHA shall not be responsible for added project costs, delay damages, or schedule changes arising from unreasonable or unexpected interpretations of the laws, codes, or regulations applied to the project, nor for changes required by the permitting authorities due to changes in the law that became effective after completion of GHA’s instruments of service. Client shall compensate GHA for additional fees required to revise the instruments of service to comply with such interpretations. Client shall also compensate GHA for additional fees required to revise the instruments of service if Client changes the project scope after GHA’s completes its instruments of service. 8. Utilities and Soils. When the instruments of service include information pertaining to the location of underground utility facilities or soils, such information represents only the opinion of the engineer as to the possible locations. This information may be obtained from visible surface evidence, utility company records or soil borings performed by others, and is not represented to be the exact location or nature of these utilities or soils in the field. Client agrees that GHA may reasonably rely on the accuracy and completeness of information furnished by third parties respecting utilities, underground conditions and soils without performing any independent verification. Contractor is solely responsible for utility locations, their markings in the field and their placement on the plans based on information they provided. Client agrees GHA is not liable for damages resulting from utility conflicts, mistaken utility locates, unfavorable soils, and concealed or unforeseen conditions, including but not limited to added construction costs and/or project delays. If the Client wishes to obtain the services of a contractor to provide test holes and exact utility locations, GHA may incorporate that information into the design and reasonably rely upon it. If not included in the Scope of Basic Services, such work will be compensated as additional services. 36 Attachment A, September, 2014 Page 2 of 2 9. Opinion of Probable Construction Costs. GHA’s Scope of Basic Services may include the preparation of an opinion of probable construction costs. Client acknowledges that GHA has no control over the costs of labor, materials, or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions. Opinions of probable costs, shall be made on the basis of experience and qualifications applied to the project scope contemplated by this Agreement as well as information provided by Client (the accuracy and completeness of which GHA may rely upon), and represent GHA’s reasonable judgment. Client accepts that GHA does not guarantee or warrant that proposals, bids, or the actual construction costs will not vary from opinions of probable cost prepared for the Client. GHA shall not be liable for cost differentials between the bid and/or actual costs and GHA’s opinion of probable construction costs. Client agrees it shall employ an independent cost estimator if, based on its sole determination, it wants more certainty respecting construction costs, 10. Contractor’s Work. Client agrees that GHA does not have control or charge of and is not responsible for construction means, methods, techniques, sequences or procedures, or for site or worker safety measures and programs including enforcement of Federal, State and local safety requirements, in connection with construction work performed by the Client or the Client’s construction contractors. GHA is not responsible for the supervision and coordination of Client’s construction contractors, subcontractors, materialmen, fabricators, erectors, operators, suppliers, or any of their employees, agents and representatives of such workers, or responsible for any machinery, construction equipment, or tools used and employed by contractors and subcontractors. GHA has no authority or right to stop the work. GHA may not direct or instruct the construction work in any regard. In no event shall GHA be liable for the acts or omissions of Client’s construction contractors, subcontractors, materialmen, fabricators, erectors, operators or suppliers, or any persons or entities performing any of the work, or for failure of any of them to carry out their work as called for by the Construction Documents. The Client agrees that the Contractor is solely responsible for jobsite and worker safety, and warrants that this intent shall be included in the Client’s agreement with all prime contractors. The Client agrees that GHA and GHA’s personnel and consultants (if any) shall be defended/indemnified by the Contractor for all claims asserted against GHA which arise out of the Contractor’s or its subcontractors’ negligence, errors or omissions in the performance of their work, and shall also be named as an additional insured on the Contractor’s and subcontractors’ general liability insurance policy. Client warrants that this intent shall be included in the Client’s agreement with all prime contractors. If the responsible prime contractor’s agreement fails to comply with the Client’s intent, then the Client agrees to assume the duty to defend and indemnify GHA for claims arising out of the Contractor’s or subcontractors’ negligence, errors or omissions in the performance of their work. 11. Contractor Submittals. Shop drawing and submittal reviews by GHA shall apply only to the items in the submissions that concern GHA’s scope of Basic Services and only for the purpose of assessing if, upon successful incorporation in the project, they are generally consistent with the GHA’s Instruments of Service. Client agrees that the Contractor is solely responsible for the submissions and for compliance with the Instruments of Service. Owner agrees that GHA’s review and action in relation to the submissions does not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend to jobsite or worker safety. GHA’s consideration of a component does not constitute acceptance of an assembled item. 12. Hazardous Materials. Client agrees that GHA has no responsibility or liability for any hazardous or toxic materials, contaminants or pollutants. 13. Record Drawings. If required by the Scope of Basic Services, record drawings will be prepared which may include unverified information compiled and furnished by others, the accuracy and completeness of which GHA may reasonably rely upon. Client accepts that GHA shall not verify the information provided to it and agrees GHA will not be responsible for any errors or omissions in the record drawings due to incorrect or incomplete information furnished by others to GHA. 14. Disputes. Client agrees to limit GHA’s total aggregate liability to the Client for GHA’s alleged acts, errors or omissions to $50,000 or the amount of GHA’s paid fees for its services on the project, whichever is greater. GHA makes no guarantees or warranties, either expressed or implied, including any warranty of habitability or fitness for a particular purpose. The parties agree to waive all claims against the other for any and all consequential damages, including attorneys’ fees. The parties agree to waive against each other all rights and claims otherwise covered by property insurance, by builder’s risk insurance or by all risk insurance, including but not limited to subrogation rights regardless of whether the claims arise during or post-construction and regardless of final payment to GHA. All disputes arising out of or relating to this Agreement shall first be negotiated between the parties. If unresolved, the dispute shall be submitted to mediation as a condition precedent to litigation. Mediation shall take place in Chicago, Illinois unless the Client and GHA mutually agree otherwise. The fees and costs of the mediator shall be apportioned equally between the parties. If mediation is unsuccessful, litigation shall be the form of dispute resolution and shall be filed in the jurisdiction where the project was pending. The controlling law shall be the law of the jurisdiction where the project was located. Client agrees that all causes of action under this Agreement shall be deemed to have accrued and all statutory limitations periods shall commence no later than the date of GHA’s services being substantially completed. Client agrees that any claim against GHA arising out of this Agreement shall be asserted only against the entity and not against GHA’s owners, officers, directors, shareholders, or employees, none of whom shall bear any liability and may not be subject to any claim. 15. Miscellaneous. Either Client or GHA may terminate this Agreement without penalty at any time with or without cause by giving the other party ten (10) calendar days prior written notice. The Client shall, within thirty (30) calendar days of termination pay GHA for all services rendered and all costs incurred up to the date of termination in accordance with compensation provisions of this Agreement. Client shall not assign this Agreement without GHA’s prior written consent. There are no third-party beneficiaries to this Agreement. 37 ITEP Grant 1 835,000$ Metra Contribution 250,000$ ITEP Grant 2 1,236,520$ Total City Funds 367,304$ Total Project Budget 2,688,824$ Item Description A.Slate Roof 711,862$ 711,862$ 548,800$ -$ 163,062$ B.Design 49,236$ 49,236$ -$ -$ 49,236$ C.Construction Management 37,702$ 37,702$ -$ -$ 37,702$ Stage 1 Total 798,800$ 798,800$ 548,800$ -$ 250,000$ B.Woodwork, stucco, doors, windows, masonry 995,000$ 796,000$ 199,000$ -$ C.Design 72,638$ 72,638$ -$ 72,638$ -$ D.Construction Management 116,290$ 93,032$ 23,258$ -$ Stage 2 Estimated Total 1,183,928$ 889,032$ 294,896$ -$ E.Design 75,000$ 60,000$ 15,000$ -$ F.Construction Management 85,000$ 68,000$ 17,000$ -$ G.Priority 1 items: restrooms, ADA compliance,350,000$ 280,000$ 70,000$ -$ HVAC/electrical upgrades, lobby flooring H.Priority 2 Items: renovate lobby area, interior 100,000$ 80,000$ 20,000$ -$ woodwork and plastering I.Priority 3 Items: fire protection improvements 200,000$ 160,000$ 40,000$ -$ Stage 3 Estimated Total (Excl. Priority 4)810,000$ -$ 648,000$ 162,000$ -$ J.Priority 4 Items: fire protection work in 100,000$ 80,000$ 20,000$ -$ outlot building Stages 1 - 3 Estimated Project Totals 2,792,728$ 871,438$ 2,085,832$ 456,896$ 250,000$ Net Project Balance (14,312)$ (89,592)$ -$ City Funds ($367,304) ITEP Funds ($2,071,520) Stage 1 - Roof Stage 2 - Exterior Improvements Stage 3 - Interior Improvements Lake Forest East Train Station Renovation NOTE: Renovation cost estimates for Stage 2 items are pre-bid estimates. Estimated costs for stage 3 items are pre-design conceptual estimates. Work Completed To Date Full Renovation Estimated Costs Metra Funds ($250,000) 38 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, September 8, 2015 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Newman, Alderman Tack, Alderman Reisenberg and Alderman Adelman. Absent: Alderman Pandaleon and Alderman Moreno Also present were: Robert Kiely, City Manager; Susan Banks, Communications Manager; Elizabeth Holleb, Finance Director; Victor Filippini, City Attorney; Catherine Czerniak, Director of Community Development; Sally Swarthout, Director of Parks & Recreation, Michael Thomas, Director of Public Works; Mike Strong, Assistant to the City Manager; and Jim Lockefeer, Management Intern. There were approximately 25 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Resolution of Sympathy for former Employee Melvin F. McLaughlin Mayor Schoenheider read the Resolution of Sympathy and offered the condolences of the City Council. Alderman Beidler made a motion approve the Resolution, seconded by Alderman Adelman. Motion carried unanimously by voice vote. B. Proclamation of Woodlands Academy of The Sacred Heart Day September 18, 2015 -Meg Steele, Head of School Mayor Schoenheider read the Proclamation. Alderman Reisenberg made a motion approve the Proclamation, seconded by Alderman Beidler. Motion carried unanimously by voice vote. Ms. Steele invited all residents to the dedication of the newly expanded campus on September 18 and gave an overview presentation about Woodlands Academy. COMMENTS BY CITY MANAGER 39 Proceedings of the September 8, 2015 Regular City Council Meeting None. COMMENTS BY COUNCIL MEMBERS PROPERTY AND PUBLIC LAND COMMITTEE 1. Consideration of approval of a Master Land Transfer Agreement by and between The City of Lake Forest and Lake Forest Open Lands Association relating to an exchange of certain property within the City of Lake Forest. City Manager Robert Kiely reported that in early 2015 the Lake Forest open Lands Association approached The City of Lake Forest regarding a possible exchange of properties. In May 2015 the City signed an MOU proposal for the McCormick Ravine to Lake Forest Open Lands Association for Lake Forest Open Lands Park and a parcel at Elawa Farm. The timing on this issue was critical due to a Great Lakes Fishery and Ecosystem Restoration Program grant deadline. Various documents need to be completed with City Lake Forest, Army Corps of Engineers, and Lake Forest Open Lands that would allow eligibility for Grant dollars in late 2015 early 2016. Robert Kiely introduced John Sentell, President of Lake Forest Open Lands Association. Mr. Sentell reported that the City and LFOLA have enjoyed a successful ongoing public/private partnership that has enhanced the quality of life in the community by preserving open space, creating conservation-based developments, enacting positive open space zoning policies, and partnering on numerous open space and environmental initiatives. In addition, the City and LFOLA currently share in a formal Land Management Agreement, otherwise known as the Master Lease Agreement. Mr. Sentell stated that the City possesses the skills and resources to own, manage, and improve specialized public open spaces within City boundaries to maximize their beauty, function, and usefulness for the enjoyment and economic benefit of our residents. LFOLA possesses the special expertise, financial resources, and organizational mission to manage and restore some of the most rare and valued natural areas and public nature preserves within the City. Such parcels currently include the very highest quality natural areas such as Middlefork Savanna, Shaw Prairie, and Haffner Meadow, all areas recognized and dedicated by the Illinois Nature Preserves Commission as deserving the highest level of protection and recognition in the State of Illinois. Victor Filippini, City Attorney reported that the City and LFOLA are currently engaged in discussions with the United States Army Corp of Engineers pertaining to participation in the Great Lakes Fishery and Ecosystem Restoration Program (GLFER). As part of this Agreement, LFOLA intends to commit the substantial financial (cash and in-kind) resources necessary to meet the cost and management requirements, and for both parties to jointly agree to engage in an intensive restoration of McCormick Ravine as part of the Army Corps of Engineers' federally- funded GLFER program . The Council had discussion around preserving, enhancing and maintaining the property. The use of the property was discussed, including McCormick Day Camp, signage and accessibility. Additional discussion was had with regard to other expenditures by the City, and whether or not the Land swap is the right thing to do. The City Council also had a lengthy discussion around the ability of 40 Proceedings of the September 8, 2015 Regular City Council Meeting LFOLA to sell or trade the land. City Attorney, Victor Filippini stated that covenants would be recorded against each parcel that would protect the land. The Council discussed the idea of a City liaison to LFOLA. The future liability and the funding stream that would be necessary to maintain the ravine was discussed. Long term use of the building on site was discussed along with who is financially responsible moving forward. Mayor Schoenheider asked if there was anyone who wanted to comment on the topic. Seeing none, he asked for a motion. COUNCIL ACTION: Pursuant to the City’s Home Rule Authority, approve the proposed Master Land Transfer Agreement relating to an exchange of properties involving McCormick Ravine, Open Lands Park and a portion of property at Elawa Farm, and direct the Mayor, City manager and the City Attorney to proceed with execution of the various legal documents to effectuate the transfer of parcels. Alderman Newman made a motion pursuant to the City’s Home Rule Authority, to approve the proposed Master Land Transfer Agreement relating to an exchange of properties involving McCormick Ravine, Open Lands Park and a portion of property at Elawa Farm, and direct the Mayor, City Manager and the City Attorney to proceed with execution of the various legal documents to effectuate the transfer of parcels, seconded by Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Reisenberg, and Adelman. The following voted “Nay”: Alderman Tack. 5 Yeas, 1 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Mary Ilene Blondell, 460 Spruce and Sheridan offered her opinion to the city Council on the no right turn restriction at the intersection of Green Bay Road and Deerpath. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the August 3, 2015 City Council meeting Minutes 2. Approval of the August 17, 2015 Special City Council meeting Minutes 3. Check Register for Period July 25 - August 28, 2015 4. Approval of Contract for Installation of Holiday Lights 5. Consideration of an Addendum to the Westmoreland Road License Agreement with the Lake Forest Club 6. Approval of a Replacement Stair Chair and Stretcher 7. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 41 Proceedings of the September 8, 2015 Regular City Council Meeting 8. Consideration of Ordinances Approving Recommendations from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) COUNCIL ACTION: Approve the Eight (8) Omnibus items as presented. Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. Seeing none, the Mayor asked for a motion to approve the eight Omnibus items. Alderman Beidler made a motion to approve the eight Omnibus items as presented, seconded by Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Adelman. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES 1. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals in Support of a Building Height Variance for a Significant Addition to the Johnson Science Center on Middle Campus, at Lake Forest College. (First Reading, and if Desired by the City Council, Final Approval) Director of Community Development, Catherine Czerniak, reported that the Zoning Board of Appeals held a public hearing on a request from Lake Forest College for approval of a height variance for an addition to the Johnson Science Center. And prior to the Zoning Board of Appeals’ consideration of the variance request, the City’s Historic Preservation Commission considered the project. In approving the project, the Commission commended the College for committing the resources necessary to undertake this significant project. Ms. Czerniak gave an overview of the Campus map that included the existing site plan, the proposed site plan and a Building height comparison. Ms. Czerniak added that at the North and Middle Campuses of Lake Forest College are in the City’s Local Historic District and that the buildings in these areas range in age and historic significance. The historic buildings on the campus are most visible from the public streetscape. The later buildings, including the Science Center, are located internal to the campus. In recent years, the Donnelley Library on Middle Campus was renovated, expanded and updated to meet the needs and demands of today’s students, incorporate new technology and address deficiencies of the existing building. The Johnson Science Center project is intended to upgrade the Campus in a similar way. Ms. Czerniak stated that Mr. David Siefert, Facility Director, was here this evening and available to answer questions of the City Council. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on this topic. Seeing none, he asked for a motion. 42 Proceedings of the September 8, 2015 Regular City Council Meeting COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance approving the building height variance as recommended by the Zoning Board of Appeals. Alderman Waldeck made a motion to waive first reading, seconded by Alderman Beidler. Motion carried unanimously by voice vote. Alderman Beidler made a motion to grant final approval of an Ordinance approving the building height variance as recommended by the Zoning Board of Appeals, seconded by Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Adelman. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. ORDINANCES AFFECTING CODE AMENDMENTS 1. Consideration of an Ordinance Amending Section 50, 51, and 52 of the City Code, Solid Waste, Water, and Sewer Use Charges and Rates as Recommended by Staff. (First/Final Approval) The city Council decided to table this item and add it to a future City Council agenda. COUNCIL ACTION: Grant first reading of recommended changes to the City Code relating to Solid Waste, Water, and Sewer Use Charges and Rates. No action was taken. NEW BUSINESS ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Mayor Schoenheider invited all to the BMW Championship at Conway Farms Golf Club in support of the Evans Scholars. ADJOURNMENT There being no further business. Alderman Pandaleon made a motion to adjourn, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote at 7:40 p.m. Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 43 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, September 21, 2015 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Pandaleon, Alderman Newman, Alderman Reisenberg and Alderman Adelman. Absent: Alderman Tack and Alderman Moreno Also present were: Robert Kiely, City Manager; Susan Banks, Communications Manager; Elizabeth Holleb, Finance Director; Victor Filippini, City Attorney; Catherine Czerniak, Director of Community Development; Sally Swarthout, Director of Parks & Recreation, Michael Thomas, Director of Public Works; James Held, Chief of Police; Kevin Issel, Deputy Chief of Police; Mike Strong, Assistant to the City Manager; Jim Lockefeer, Management Intern and Anne Whipple. There were approximately 30 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Schoenheider stated he is very proud of the way The City of Lake Forest, Conway Farms Golf Club and the BMW Championship showcased the City. He commended all those involved, especially those in Public Safety, who demonstrated patience and dedication during the tournament. A. Resolution of Appreciation for Employee Sherry Miller Mayor Schoenheider read the Resolution and presented it to Ms. Miller. COUNCIL ACTION: Approve the Resolution Alderman Pandaleon made a motion to approve the Resolution, seconded by Alderman Newman. Motion carried unanimously by voice vote. B. Northwestern Lake Forest Hospital, Update on Construction Activity and a Look Forward. Mayor Schoenheider introduced Thomas McAfee, President of Northwestern Lake Forest Hospital. Mr. McAfee gave an update on the construction activity on the campus. He also reported on growing clinical programs, recruiting top Physicians and building new partnerships Mr. McAfee 44 Proceedings of the September 21, 2015 Regular City Council Meeting also reviewed a milestone schedule that tracks to the Fall of 2017 ,when the new hospital is scheduled to open. The City Council had discussion on how will the old hospital may possibly be used. Mayor Schoenheider and other members of the Council thanked Mr. McAfee for updating the Community. COUNCIL ACTION: No Council action is requested at this time. COMMENTS BY CITY MANAGER City Manager Robert Kiely echoed the Mayors comments on the BMW with respect to Police and Fire. Mr. Kiely added that the unsung heroes of the BMW were the Public Works employees who dealt with the 4 1/2” of rain with pumps and wood chips. All staff involved from start to finish did a great job, and he expressed congratulations to all. A. 2015 Lake Forest Fire Department Accreditation Report - Jeff Howell, Fire Chief City Manager Robert Kiely reported that he recently went to Atlanta, GA to attend the Fire Department Accreditation Cermony. Mr. Kiely then introduced Fire Chief Jeff Howell who reported that in 2007 the Lake Forest Fire Department started the accreditation process and in 2010 became one of the successful 148 Departments in the world to be accredited. Chief Howell thanked Deputy Chief, Chris Garrison; Battalion Chief, Mike Gallo and Union President/Firefighter/Paramedic Cory Kazimour who completed the necessary processes. Chief Howell stated that the Fire Department is committed to be the best it can be. B. Community Spot Light Lake Forest Country Day School – Bob Whalen, Head of School City Manager Robert Kiely introduced Bob Whalen, Head of School at Country Day. Mr. Whalen noted that Education is one of the four cornerstones of The City of Lake Forest and this year marks the School’s 128th year in The City of Lake Forest. Mr. Whalen stated that the School is committed to responsible leadership in education. Mr. Whalen gave a schedule of upcoming events for the school. COMMENTS BY COUNCIL MEMBERS FINANCE COMMITTEE A. IT Division Overview Presentation – Elizabeth Holleb, Finance Director and Joe Gabanski, Assistant Director, IT Division Elizabeth Holleb, Finance Director, reported that the purpose for the presentation is to provide an overview of the Information Technology Division at the City. While there is a small staff, they are 45 Proceedings of the September 21, 2015 Regular City Council Meeting dedicated IT professionals who have seen a number of changes in technology, technology needs and operating departments. Ms. Holleb introduced Joseph Gabanski, Assistant Director IT Division, who gave an overview of Workstations, Toughbooks, Laptops and I pads. Mr. Gabanski also reported on software, applications and other infrastructure along with eleven new implementations that are IT supported. The IT division also uses Consortium membership and contract services. Mr. Gabanski reported that in comparison to eight years ago, IT supports more workstations, systems and applications with fewer staff, moving forward IT staff will continue evaluating new systems and software applications for hardware purchases vs. cloud computing. The City Council had discussion on technology trends. This presentation was for informational purposes only. PROPERTY AND PUBLIC LAND COMMITTEE A. Consideration of a License Agreement with L3 Capital, the Owner of Market Square (Approve by Motion) Director of Community Development, Catherine Czerniak deferred to the Chairman of the PPL Committee, Alderman Jack Reisenberg who reported that the agreement involves City owned property, rights-of-way and Market Square. It offer opportunities for operational efficiencies and improved use of Market Square. Mr. Reisenberg reported that the goal is to achieve efficiencies and avoid duplication of efforts between L3 and the City, support L3 in increasing the overall vitality of the core of the CBD. Chairman Reisenberg stated that 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. Mayor Schoenheider asked if there was anyone from the Public who would like to comment on the matter. Seeing none, he asked for a motion. COUNCIL ACTION: Authorize the City Manager to sign the License Agreement with L3 Capital. Alderman Pandaleon made a motion to authorize the City Manager to sign the License Agreement with L3 Capital, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Reisenberg, and Adelman. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of a One-Year Agreement with InterDev for Shared Public Safety Information Technology (IT) Support 46 Proceedings of the September 21, 2015 Regular City Council Meeting 2. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) 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 COUNCIL ACTION: Approve the Three (3) Omnibus items as presented. Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. Seeing none, the Mayor asked for a motion to approve the three Omnibus items. Alderman Reisenberg made a motion to approve the Omnibus items as presented, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Reisenberg, and Adelman. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES 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) Director of Public Works Michael Thomas reported that the updates to the code amendments for Chapter 50, Solid waste included various definitions, Recycling Materials, Compost Center Rules & Regulations, Refuse Collection Fee and Contractual Collection of Schools & Businesses per the City Manager. Mr. Thomas reported while Rates and Irrigation rules were previously updates, these updates for Chapter 51, Water include the Water Well Ordinance for 5+ Acres, Adjustments for Water Leaks and Shut-Off Valve Ownership / Repairs. City Attorney Victor Filippini reported that some of the changes are from a regulatory oversight standpoint such as Illinois Environmental Protection Agency and the Illinois Department of Natural resources. Mayor Schoenheider asked if there was anyone from the Public who would like to comment on the matter. Seeing none, he asked for a motion. COUNCIL ACTION: Approval of first reading for recommended changes to the City Code relating to Solid Waste and Water. 47 Proceedings of the September 21, 2015 Regular City Council Meeting Alderman Waldeck made a motion to approve first reading for recommended changes to the City Code relating to Solid Waste and Water, seconded by Alderman Pandaleon. Motion carried unanimously by voice vote. 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. City Manager Robert Kiely proposed options to the City Council on approving the above item as the plans submitted to Community Development were different than the plans that were presented to the Historic Preservation Commission. Assistant to the City Manager, Michael Strong reported that the amendment relates to the ongoing maintenance responsibilities associated with a proposed greenhouse structure that will be constructed and managed by the Foundation. City Manager, Robert Kiely introduced Robert Shaw of the Elawa Farm Foundation who reported that the project is further supported by the Foundation’s mission to inspire an appreciation for gardening, healthy living and historic preservation. Mr. Shaw stated that the Foundation has undergone an independent financial review concerning the capital costs and ongoing operational costs associated with the greenhouse facility. Mayor Schoenheider asked if there was anyone from the Public who would like to comment on the matter. Seeing none, he asked for a motion. 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. Alderman Reisenberg made a motion to 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, and authorized the City Manager to approve the agreement, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Reisenberg, and Adelman. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Alderman Adelman asked that the City Council open discussion on term limits for the Mayor. ADJOURNMENT 48 Proceedings of the September 21, 2015 Regular City Council Meeting There being no further business. Alderman Pandaleon made a motion to adjourn, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote at 8:05 p.m. Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2015-___ AN ORDINANCE AMENDING CHAPTER 50 OF THE CITY CODE RELATING TO SOLID WASTE WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time it is appropriate to review, update and modify the City Code of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City Council Liaison (the “Panel”) reviewed Chapter 50 of the City Code relating to solid waste regulations in the City; and WHEREAS, the Panel determined that numerous changes to Chapter 50 were required to ensure that the provisions of the City Code correspond to current practices and policies of the City; and WHEREAS, the Mayor and City Council, having considered the recommendation of the City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and amending Chapter 50 of the City Code relating to solid waste as hereinafter set forth, will be in the best interests of the City and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. 80 2 SECTION TWO: Amendment to Chapter 50. Chapter 50, entitled “Solid Waste,” of Title V, entitled “Public Works,” of the City Code is hereby amended in its entirety, so that said Chapter 50 shall hereafter be and read as follows: TITLE V: PUBLIC WORKS CHAPTER 50: SOLID WASTE Section General Provisions 50.001 Definitions Refuse 50.015 Preparation 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 and 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 Responsibility 50.071 Definitions 50.072 Nuisance 81 3 50.073 Liability for abatement of nuisance 50.074 Use, storage or production of hazardous materials 50.075 Movement of hazardous materials 50.076 Procedure for assignment of hazardous materials access route 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 definitions shall apply unless the context clearly indicates or requires a different meaning. 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 from 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 PUBLIC WORKS. The duly appointed and acting Director of Public Works 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. 82 4 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, and cardboard. REFUSE. Putrescible animal and vegetable waste resulting from the handling, processing, storage, packaging, preparation, cooking, serving and sale of food (also garbage). SPECIAL PICKUP. (1) A service 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 advance 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. (4) A fee may be assessed for the special collection of bulky materials, as more fully described in the Sanitation Rules and Regulations. YARD WASTE. Grass clippings, leaves, shrub and tree trimmings of less than six inches in diameter. REFUSE § 50.015 PREPARATION FOR COLLECTION. (A) Bulky waste. (1) Items defined as bulky waste shall not be eligible for regular twice-weekly collection. The collection of these items must be scheduled in advance as a special pickup. (2) Logs, large branches or stumps exceeding six inches in diameter shall be scheduled in advance and collected as a special brush pickup through the Forestry Section. (B) Construction debris. Those items defined as construction debris shall not be eligible for regular twice-weekly collection. The collection of construction debris must be scheduled in advance as a special pickup. (C) Garbage or other refuse. All garbage, or other refuse, before being placed in garbage cans for collection, shall have drained from it all liquids and shall be placed in a plastic or paper trash bag. (D) 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. 83 5 (E) Yard waste. Leaves and lawn clippings shall be deposited in biodegradable paper bags. Each biodegradable bag must have a city yard waste sticker affixed to it. Tree trimmings of less than six inches in diameter, hedge clippings 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 yard 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. (F) Compliance. No garbage or other refuse shall be collected by the city’s collectors under any circumstances unless the materials to be collected are prepared in accordance with the provisions of this section. § 50.016 CONTAINERS. (A) Duty to provide and maintain in sanitary condition. Containers for garbage or other refuse 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 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) Garbage or other refuse. All residential garbage containers shall be of water-tight construction and be provided with a lid or cover and suitable handles. The containers 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. (C) Recyclables. Residential recyclables shall be stored in the city-provided 65-gallon or 35-gallon recycling cart. Designated areas within the city may continue to use the city-provided open rectangular bin with Director approval. One cart shall be provided by the city, at no charge, to each household in the city. Additional carts or replacement carts shall be available from the city for a fee. (D) Yard waste. Leaves and lawn clippings shall be deposited in biodegradable paper bags. Each bag must have a city yard waste sticker affixed to it. § 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 officer of the city empowered to enforce the ordinances thereof, shall be deemed a violation of this subchapter. 84 6 (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 carried 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. Note: Penalty, see § 50.999 § 50.018 POINTS OF COLLECTION. (A) Garbage or other refuse. Containers of garbage shall be placed for collection at or near ground level on the property, and at or near the garage 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. Carts or bins containing recyclable materials shall be placed on the parkway 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) Yard waste. All yard waste must be placed on the parkway along the pavement edge for collection. The yard waste bags shall be placed on the parkway prior to 7:00 a.m. on the scheduled collection day for yard waste. (D) Exception. Where circumstances warrant, exceptions may be made to the above, but only upon express authorization by the Director of Public Works. § 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 Public Works (B) Any uncovered pile of refuse is declared to be a nuisance. Note: 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. Note: 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. 85 7 COLLECTION § 50.035 COLLECTION BY THE CITY. All garbage or other refuse 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 service. 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. § 50.036 SUPERVISION ENFORCEMENT. All garbage or other refuse collected, conveyed and disposed of by the city shall be collected, conveyed and disposed of under the direction and supervision of the City Manager or the Director of Public Works as the City Manager’s designated representative. The City Manager shall have the authority to make regulations concerning the days of collection, type and location of waste containers and other matters pertaining to the collection, conveyance and disposal of garbage as he or she shall find necessary, and to enforce such regulations; 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. § 50.037 APPEALS FROM DECISION OF CITY MANAGER. Any person aggrieved by a regulation of, or fee charged by, the City Manager shall have the right to appeal to the Public Works Committee of the City Council, who shall have the authority to confirm, modify or revoke any such regulation or fee. § 50.038 FREQUENCY OF COLLECTION. Garbage accumulated on premises shall be collected by the city’s collection 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). Garbage and yard waste accumulated on residential premises shall be collected by the city’s collection 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 prescribed collection schedule. (B) Public school districts. Garbage or other refuse and recycling 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 public school districts). The collection of garbage or other refuse from stores, offices, restaurants, hotels, clubs and such other establishments and institutions by City sanitation crews shall be allowed as determined by the City Manager. (C) Recyclables. Recyclable materials shall be collected by the city’s collection crews on a once a 86 8 week basis, except where equipment breakdowns, holidays, weather conditions, road conditions or other circumstances beyond the control of the city shall interfere with the prescribed collection schedule. Note: Penalty, see § 50.999 § 50.039 LIMITATION ON QUANTITY. (A) Residential (single-family attached and single family detached dwelling units only). The quantity of garbage or other refuse to be collected at any single collection without special charge shall not exceed the contents of four 32-gallon containers. (B) Commercial, institutional and residential (other than single-family attached and single family detached dwelling units). Shall be subject to the regulations made by the City Manager. (C) Special charges. Special charges made for collections of quantities in excess of those stated in this subchapter shall be established. § 50.040 SPECIAL REFUSE PROBLEMS. (A) Contagious disease 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 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. § 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 Center shall be vested in the city. 87 9 § 50.042 ESTABLISHMENT OF RULES AND REGULATIONS. (A) The Director of Public Works shall have the authority to make, establish and enforce reasonable regulations pertaining to the accumulation, storage, collection and disposal of garbage 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 thereof shall be filed in the office of the City Clerk and in the office of the Director of Public Works for the use of, and examination by, the public during the regular business hours of those offices. § 50.043 COMMERCIAL AND CONTRACTOR USE. The Route 60 Drop Off Compost and Recycling Center is prohibited for use by commercial businesses and contractors. § 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 a current Lake Forest vehicle sticker. 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 permit 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 May 31 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 full calendar months which may have expired in the year prior to the issuance of the license. Note: Penalty, see § 50.999 § 50.056 APPLICATION FOR PERMIT. Applications for such permits shall be made annually to the Community Development Department. 88 10 § 50.057 VEHICLES. 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. Note: 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. Note: 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. Note: 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. § 50.071 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DISCHARGE. Leakage, seepage or a 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: 89 11 (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, corporation, 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 ships 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; (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 90 12 pursuant to Ill. Rev. Stat. Ch. 48, par. 2503 and 2504, and all amendments thereto. § 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. § 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. § 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 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. § 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 hazardous 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 vehicle which displays or is required to display a hazardous materials 91 13 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. § 50.076 PROCEDURE FOR ASSIGNMENT OF HAZARDOUS MATERIALS ACCESS ROUTE. Any person who uses, produces or stores hazardous materials at a location within the city 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. § 50.077 DISPOSAL OF HAZARDOUS 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. § 50.078 RIGHT TO KNOW; DISCLOSURE REQUIREMENTS. 92 14 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. § 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. § 50.080 SEVERABILITY. The provisions 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. § 50.999 PENALTY. Any person, firm or corporation who violates any of the provisions of §§ 50.035 through 50.080 of this chapter shall, upon 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. SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2015 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2015 Mayor ATTEST: 93 15 Deputy City Clerk 94 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2015-___ AN ORDINANCE AMENDING CHAPTER 51 OF THE CITY CODE RELATING TO WATER WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time it is appropriate to review, update and modify the City Code of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City Council Liaison (the “Panel”) reviewed Chapter 51 of the City Code relating to WATER regulations in the City; and WHEREAS, the Panel determined that various changes to Chapter 51 were required to ensure that the provisions of the City Code correspond to current practices and policies of the City; and WHEREAS, the Mayor and City Council, having considered the recommendation of the City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and amending Chapter 51 of the City Code relating to water as hereinafter set forth, will be in the best interests of the City and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. 95 2 SECTION TWO: Amendments to Chapter 51. Chapter 51, entitled “Water,” of Title V, entitled “Public Works,” of the City Code is hereby amended in accordance with this Section Two. A. Subsection (B) of Section 51.031, entitled “Water Services,” is hereby amended in its entirety, so that said Section 51.031(B) shall hereafter be and read as follows: § 51.031 WATER SERVICES. * * * (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 Water Public Works. B. Section 51.046, entitled “Water Wells,” is hereby amended in its entirety, so that said Section 51.046 shall hereafter be and read as follows: § 51.046 WATER WELLS. 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. A. 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 96 3 B. 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. 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. 97 4 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. 4. Submittal, on an annual basis, 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 98 5 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. C. Subsection (G) of Section 51.061, entitled “Water Rates Inside the City Limits,” is hereby amended in its entirety, so that said Section 51.061(G) shall hereafter be and read as follows: § 51.061 WATER RATES INSIDE THE CITY LIMITS. * * * (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. D. Section 51.065, currently entitled “Changes in Ownership of Property,” is hereby amended in its entirety, so that said Section 51.065 shall hereafter be and read as follows: § 51.065 CHANGES IN OWNERSHIP OF PROPERTY; BILLING ACCOUNT TRANSFERS; COMPLIANCE INSPECTIONS. (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 99 6 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 and paid. (2) 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 as provided in this Subsection (A) 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, except with respect to lessees in accordance with Subsection (A)(3) of this Section.; 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). (3) A lessee who is a responsible party under an existing water account may be relieved of further responsibility for such water account as follows: (a) Whenever an existing water account is being terminated due to a transfer of ownership, any Such person, firm, corporation or entity responsible for such account under this Section shall first make a request for a certificate of compliance. If a notice of violation is issued pursuant to division (E) below, athe lessee responsible for such account 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. The lessee shall be relieved of any further responsibility for such water account upon final payment and termination of service to such premises. 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. 100 7 (b) If a lessee’s lease and occupancy of premises is concluding without the transfer of ownership of the premises, a lessee may file a request for release from the water service account for 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 (unless the lessor or owner of the premises objects in writing within that time), 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) and ceases use and occupancy of the premises, such lessee shall be released from further responsibility for such account, but the owner, lessor, and any occupant of the premises shall be and remain responsible for such water service account as otherwise provided in this Section. (B) Whenever an existing water account for any premises improved with a single-family or two-family dwelling is being terminated due to a transfer of ownership, as As a condition of receiving a certified receipt of final payment from the city with respect to the water account for any such premises improved with a single-family or two-family dwelling (except as otherwise provided pursuant to division (A)(2)(b3) 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) Final Water Billing. (1) Transfer of One- and Two-Family Dwellings. (a) With respect to If the premises are improved with a single-family or two-family dwelling for which a transfer of ownership is impending, any person, firm, corporation or entity that owns or occupies the premises seeking a certified receipt of final payment shall: (i) 1. Deliver the certificate of compliance (as issued pursuant to divisionSubsection (B) above) to the Superintendent of Water (or the Superintendent’s designee); and (ii) 2. Request a final water meter reading, both to occur within 120 days after the issuance of such certificate of compliance. 101 8 (b) Upon receipt of such certificate of compliance and request for a final water meter reading, 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) Other Water Service Premises. Any person, firm, corporation or entity that owns or occupies premises (except those not improved with a single-family or two-family dwelling in connection with an impending transfer of ownership) 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 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 divisionSubsection (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 102 9 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 Subsection (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 Subsection (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 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 Subsection (B) above, except as may be permitted under division Subsection (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 Subsection (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 Subsection (B) above, except as may be permitted under division Subsection (H) below. (5) Each owner within an inspection area shall be responsible for all applicable fees established pursuant to division Subsection (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 103 10 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 Subsection (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 Subsections (B), (E) and (G) consistent with the objectives of this section as well as personnel and budgetary capabilities. E. Section 51.075, entitled “Repairs; Leaks,” is hereby amended in its entirety, so that said Section 51. 075 shall hereafter be and read as follows: § 51.075 REPAIRS; LEAKS. (A) Property owners will be held liable for the maintenance of and repairs to (i) all plumbing within or on their property, and (ii) 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 a In the event 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, 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 that 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 104 11 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. E. Subsection (B), entitled “Conditions of Water Service,” and Subsection C, entitled “City Access,” of Section 51.077, entitled “Water Shutoff Valve Access,” are hereby amended in their entirety, so that said Subsections 51. 077(B) and (C) shall hereafter be and read as follows: § 51.077 WATER SHUTOFF VALVE ACCESS. * * * (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, 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: (1) be a violation of this Section; and (2) 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 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. (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 premises other than to fill any excavation and return it to the surrounding grade. 105 12 (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 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: (a1) 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 (b2) Be grounds for terminating such Customer’s water service. SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2015 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2015 Mayor ATTEST: 106 13 Deputy City Clerk 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159