The URL can be used to link to this page

CITY COUNCIL 2015/10/19 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday October 19, 2015 Immediately following the Finance Committee Meeting at 6:30 pm 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 Immediately following the Finance Committee Meeting REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Resolution of Sympathy for Edward “Tim” Christie A copy of the Resolution can be found on page 17 COUNCIL ACTION: Approval of the Resolution B. Red Ribbon Week Proclamation October 23-31, 2015 A copy of the Proclamation can be found on page18 C. Update and Report from Lake Forest Caucus -Eileen Looby Weber, President Lake Forest Caucus 2. COMMENTS BY CITY MANAGER A. Report on Downtown Station Survey 3. COMMENTS BY COUNCIL MEMBERS FINANCE COMMITTEE A. Acknowledge Receipt of the FY2015 Treasurer’s Report PRESENTED BY: George Pandaleon, Finance Committee Chairman PURPOSE AND ACTION REQUESTED: Staff requests that the City Council acknowledge receipt of the Fiscal Year 2015 Treasurer’s Report. 1 Monday, October 19, 2015 City Council Agenda BACKGROUND/DISCUSSION: Pursuant to Illinois Statute, a Treasurer’s Report must be filed with the City Clerk, the County Clerk, and published in a Lake Forest newspaper within six months after the end of each fiscal year. The report will be published in the October 22, 2015, edition of the Lake Forester. The report may be found beginning on page19. BUDGET/FISCAL IMPACT: N/A COUNCIL ACTION: Acknowledge receipt of the FY2015 Treasurer’s Report. B. Approval of a Resolution Authorizing Dissolution of the Consolidated IMRF Employer Account for the City and School District 67, and Authorizing Establishment of Separate Employer Accounts PRESENTED BY: George Pandaleon, Finance Committee Chairman STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval of the proposed resolution authorizing the dissolution of an existing consolidated employer account with the Illinois Municipal Retirement Fund (IMRF) and authorizing the establishment of separate employer accounts for the City and School District 67. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 10/19/15 BACKGROUND/DISCUSSION: Pursuant to the City’s status as a charter City in the State of Illinois, the City and School District 67 have been combined by the Illinois Municipal Retirement Fund (IMRF) into a single employer account. This has resulted in School District 67 having to adhere to decisions made by the City, such as the offering of an Early Retirement Incentive program. At the conclusion of an IMRF audit in July 2014, the School District inquired as to the possibility of the employer account being split. IMRF provided a fee quotation for its actuary to complete this analysis for consideration by the City and School District 67. This analysis was completed in September 2015 and the School District paid the full cost of the actuarial study. Based upon a review of the actuarial analysis, it is the recommendation of both City and School District 67 staff that the governing boards adopt the required resolution to dissolve the existing account and authorize the establishment of separate accounts. School District 67 adopted the resolution on September 21, 2015. The City Council is asked to consider adoption of a similar resolution. As part of the actuarial study, the City’s Assistant Finance Director allocated each former and current IMRF participant to the appropriate entity, ensuring that all pension assets and obligations are allocated to the applicable employer. Beginning in 2016, the IMRF actuary would establish an employer contribution rate for the City and School District 67 separately based upon each entity’s actual assets, liabilities and projected future obligations. This action is recommended to enhance transparency, improve fiscal 2 Monday, October 19, 2015 City Council Agenda accountability and allow School District 67 to make its own decisions regarding governance as it pertains to the IMRF program. BUDGET/FISCAL IMPACT: There is no immediate fiscal impact. For 2016, the blended rate under the existing account would be 12.43% of payroll. With the proposed dissolution and establishment of separate accounts, employer rates for 2016 would be 12.61% for the City and 11.53% for School District 67. The differential is primarily due to the fact that School District 67 IMRF participants have a lower average salary and years of service. COUNCIL ACTION: Approval of the Proposed Resolution (page 25) 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the October 5, 2015 City Council Meeting Minutes A copy of the minutes begins on page 27 COUNCIL ACTION: Approval of the City Council Meeting Minutes 2. Ratification of Resolution for the Lake Forest Shop A copy of the Resolution can be found on page 33 COUNCIL ACTION: Ratification of Resolution for the Lake Forest Shop 3. Approval of the purchase of computer workstations, laptops and iPads for City departments as budgeted in FY2016 Capital Plan STAFF CONTACT: Elizabeth Holleb, Director of Finance/IT (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval to purchase 38 desktop computers, 9 laptops, and 14 iPads. The project is to replace computers based on a 5 year replacement cycle for workstations and laptops, and a 3 year replacement cycle for iPads. BACKGROUND/DISCUSSION: The City has 38 desktop computers, 9 laptops, and 14 iPads recommended for replacement in FY2016. All desktops, laptops, and iPads are considered end of life (EOL) as they no longer have a warranty and most are starting to report reduced performance when performing common tasks. The oldest computers of this proposed replacement are 8 years old. The City’s current inventory of computers consists of 178 desktops, 44 laptops, 37 Toughbooks and 42 iPads. The proposed replacement desktop and laptop computers include higher efficiency / energy savings with Energy Smart power settings and a high-efficiency power supply. 3 Monday, October 19, 2015 City Council Agenda According to Dell’s Energy Savings Calculator, the City would save approximately 255.02 kWh annually. Additionally, performance increases of 57% can be realized in processing speeds based on independent benchmark studies between the proposed computing platform and the oldest proposed replaced workstation. The City standardized all desktops and laptops with Dell products 15 years ago. The standardizations help staff to efficiently deploy, troubleshoot, and maintain the systems. Dell provides the City with government contract pricing based on the Midwestern Higher Education Compact (MHEC) contract pricing, Contract MHEC-07012015. This year the City received pricing from three vendors: Amazon, Dell, and SHI. SHI provided a quote that was 11% lower than the MHEC pricing. BUDGET/FISCAL IMPACT: Staff received the following pricing for this project: Vendor Total Amount Dell Workstations and Laptops Amazon $36,471 Dell (MHEC) $36,360 SHI $32,387 Vendor Total Amount Apple iPads Apple MSRP $10,935 MNJ $10,595 NETRIX $10,470 Verizon $7,950 Costs are budgeted as follows: FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N IT Capital 311-0050-415.66-11 $51,500 $40,337 Y COUNCIL ACTION: If determined to be appropriate by the City Council, approve the purchase of 38 desktops and 9 laptops from SHI for $32,387 and 14 iPads from Verizon in the amount of $7,950. 4. Award of a Thirty Six (36) Month Contract with Microsoft for Software License Renewal Including Office 365 STAFF CONTACT: Elizabeth Holleb, Director of Finance/IT (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval to renew a thirty six (36) month Microsoft contract through CDW Government LLC (CDWG) which includes maintenance and licensing for all City Microsoft workstation and server operating systems, and databases. Staff is additionally recommending to include the Office 365 Cloud solution which includes Cloud electronic mail, file share and collaboration software hosting. 4 Monday, October 19, 2015 City Council Agenda BACKGROUND/DISCUSSION: On October 31, 2015, the City’s current Microsoft licensing agreement is scheduled to expire. This software renewal presented an opportunity to compare long-term costs of multiple offerings to provide certain Microsoft applications either internally (on premise) or Cloud hosted. In a presentation to City Council on June 15, the City’s IT Consultant Client First recommended that the City consider Office 365. Between August 17, 2015 and September 15, 2015, staff solicited proposals for Microsoft licensing. The prices submitted include licensing for operating systems and databases by CDWG but vary by the responding vendors’ hosting model. CDWG was awarded the State of Illinois Master Contract, reference #22036892, from October 01, 2015 to September 30, 2019 as part of the Illinois Department of Central Management Services’ joint purchasing program. This contract was awarded to the lowest cost and responsible bidder. The City has contracted with Client First Consulting to review the vendor proposals and staff analysis for the new Cloud hosting service and renewal of licensing. Client First’s summary review is included in this packet beginning on page 34. The grand operating annual total reflects all software licensing, hardware, and estimated staff administration expenses. Vendor Software Annual Cost Grand Operating Annual Total Google Cloud Hosted Email and File $112,862 $116,710 Rackspace Cloud Hosted Email $112,862 $115,748 Microsoft Cloud Hosted Email Only $102,584 $107,394 Microsoft Existing On-Premise Email Servers (status quo) $81,551 $103,746 Microsoft Cloud Hosted Email and Office 365 $97,132 $99,056 Although software costs increase 27% over FY2015 costs when including Office 365, the City would benefit from a reduction in costs for server hardware and estimated staff administration time. A comparison of the renewal options’ cost benefit is included in this packet beginning on page 35. It is recommended that the City enter into a thirty six (36) month agreement for Microsoft licensing renewal and the Office 365 service which provides the following benefits over the City’s current on premise hosted environment: - Lowest long term cost option - Eliminates City email server hardware and associated administration - Eliminates email server City backups and associated administration - Increases data survivability with data stored in geographically diverse data centers - Fulfills staff requests to access files off site without use of additional connectivity software - Increases level of availability guaranteed uptime to 99.9% or better 5 Monday, October 19, 2015 City Council Agenda BUDGET/FISCAL IMPACT: Estimated costs are budgeted as follows: FY2016 Funding Source Account Budget Amount Requested* Budgeted? Y/N IT Software Maintenance 101-1315-415.43-37 $76,496 $97,132 Y * The amount requested over budget will be offset by reduced capital hardware costs for server replacement no longer required. COUNCIL ACTION: If desired and appropriate by the City Council, approve a thirty six (36) month contract for a Microsoft enterprise agreement for maintenance, software licensing, and Office 365 Cloud services through CDWG based on State of Illinois contract, reference #22036892, pricing at an estimated annual expense of $97,132. 5. Consideration of an Ordinance Establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project (Final Approval) STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting second reading and final approval of an ordinance establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project. 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 Recommend Approval City Council October 5, 2015 Approved First Reading 6 Monday, October 19, 2015 City Council Agenda 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. As a result, the City received a petition requesting the establishment of a special service area to provide for sanitary sewer service in the area. Staff believes 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 result in an increase in value 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. Based on discussions with the property owners in this case, there seems to be general support to divide the project costs on a per lot basis via a special tax roll. 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. 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 closes on October 16, 2015. As of October 14, 2015, the City did not receive any objections. (The Council will be updated further about the filing of any objection once the objection period closes.) 7 Monday, October 19, 2015 City Council Agenda Assuming no valid objection is filed, and based on the City Council’s first reading of the establishing ordinance on October 5, 2015, a revised ordinance establishing SSA No. 40 is presented to the Council for consideration; the ordinance can be found in the packet beginning at page 36. The final version of the establishing ordinance sets out the special tax roll for SSA No. 40, while providing the Council with authority to modify the special tax roll upon conclusion of the project. Staff anticipates that final adjustments to the special tax roll will be presented to the Council in early 2016 to reflect the final project costs and any prepayments. 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. COUNCIL ACTION: A motion granting final approval of an ordinance establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project. 6. Consideration of Ordinances Approving Recommendations 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) 8 Monday, October 19, 2015 City Council Agenda The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. 1050 N. Western Avenue - The Building Review Board recommended approval of signage and an awning for a new tenant. No public testimony was presented. (Board vote: 4-0, approved) 700 Green Briar Lane - The Building Review Board recommended approval of a replacement residence, attached garage and landscape plan. In response to concerns from the neighboring property owner, a condition was added noting the special grading and drainage requirements on the subdivision plat that will need to be satisfied prior to the issuance of a building permit. (Board vote: 6-0, approved) 825 Highview Terrace - The Building Review Board recommended approval of the demolition of the existing detached garage and approval of an addition, including an attached garage. Three letters of support were submitted from neighboring property owners. (Board vote: 5-0, approved) Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 73. The Ordinances, complete with all exhibits, are available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Building Review Board’s recommendation. 7. Consideration of a Recommendation in Support of Extension of the Contract with Jacob & Hefner Associates for Professional Services Related to the Environmental Clean-up of the City’s Former Municipal Services Site. STAFF CONTACT: Catherine J. Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: Approval is requested to authorize the City Manager to extend the City’s contract with Jacob & Hefner Associates for professional services as the City’s Owner’s Representative for the environmental clean-up of the former Municipal Services site located on the northwest corner of Laurel and Western Avenues. BACKGROUND AND DISCUSSION: In February, 2015, the Council authorized the City Manager to enter into a contract with Jacob and Hefner for the initial phases of the clean-up work on the site. To date, all of the buildings on the site have been demolished and the utilities disconnected. Steel and non-crushable materials have been removed from the site. Concrete, brick and asphalt from the demolition activity were crushed, separated and stockpiled on site for reuse as backfill as work on the site progresses. Most of the site investigation has been completed and soil remediation activity is ready to get underway. 9 Monday, October 19, 2015 City Council Agenda The next phases of work include the excavation of areas of contaminated soils, removal of those soils from the site and backfilling of the excavated areas as appropriate. Discussions with Focus Development will be ongoing throughout the remediation work to identify opportunities to achieve efficiencies without increased costs to the City, or time delays in the clean-up process. The next phase of the work also involves enrolling the site in the IEPA Site Remediation Program and the preparation of various reports that must be filed as the remediation proceeds. There was some discussion about Focus Development engaging a contractor to complete the reports and filings. However, after further discussion the recommended approach is to authorize JHA to oversee this part of the process since the property is still in the City’s ownership at this time. The contract extension, in an amount not to exceed $117,300, covers the soil remediation, the preparation of the required reports and the necessary filings which will ultimately result in the issuance of a Letter of No Further Remediation (NFR). Previously, the PPL and City Council unanimously endorsed the engagement of Jacob & Hefner Associates to oversee the site clean-up and to lead the City through the process of obtaining the NFR. The proposal for the contract extension from Jacob & Hefner, which includes some additional background, is included in the Council packet beginning on page 97. BUDGET/FISCAL IMPACT: The fee for an Owner’s Representative to direct and manage the clean-up of the former Municipal Services site; and file the necessary paperwork to obtain the NFR Letter for the site, is reimbursable through funds generated by the TIF District. At the outset, this fee will be charged to the Laurel and Western Avenues (MS) Redevelopment Fund because the expense will be incurred in advance of the receipt of TIF revenues. FY2015 Funding Source Amount Budgeted Amount Requested Budgeted Y/N MS Redevelopment #322-2501-499-77-05 $3,435,000 Not to Exceed $117,300 Y COUNCIL ACTION: Authorize the City Manager to enter into a contract extension with Jacob & Hefner Associates for an amount not to exceed $117,300 for continued professional services as the City’s Owner’s Representative for the clean-up of the former Municipal Services property. COUNCIL ACTION: Approve the seven (7) Omnibus Items as presented. 6. ORDINANCES 10 Monday, October 19, 2015 City Council Agenda 7. ORDINANCES AFFECTING CODE AMENDMENTS 1. Approval of an Ordinance Updating Chapter 10 (“General Provisions”) of the City Code (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Attorney, Victor Filippini PURPOSE AND ACTION REQUESTED: Staff requests approval of an Ordinance that corrects and supplements the “General Provisions” of the recently adopted City Code for The City of Lake Forest. BACKGROUND/DISCUSSION: On January 20, 2015, City Council granted final approval of an Ordinance that allowed for the revising, amending, restating, codifying and compiling of existing Ordinances. As a follow up City Staff, Council members, and the City Attorney have begun to review the Code regarding consistency with current practices, as well as recommended substantive changes. Although the Staff review did not identify any specific changes to the “General Provisions” chapter of the new City Code, the City Attorney has recommended two changes, both of which are reflected in the ordinance that can be found beginning on page 108 of the agenda packet. First, the repealer section of the new City Code (Sec. 10-11) was not consistent with the terms of the Ordinance that the Council adopted to approve the City Code. Accordingly, the City Attorney has recommended an amendment to Section 10-11 to reflect the City Council’s prior action. Second, in the course of defending a lawsuit in 2013, it was discovered that the City did not have anything establishing an official address of the City for the service of process and other legal notices. In the lawsuit in question, a court found an action to be timely filed even though it was served at the residence of a City official. Although the City ultimately prevailed in the lawsuit, it could have been more expeditiously disposed of had the City been able to establish an official address. Accordingly, Section 10-14 of the proposed ordinance establishes the City Hall as the City’s official address. Note that this does not preclude delivery of materials to the Municipal Services Building or the Public Safety Building, but it allows the City to raise certain legal defenses if it chooses if and when official papers are not delivered to the City Hall. For information purposes only, it has been noted in the course of reviewing other chapters of the City Code that certain actions are assigned to specific officers or employees in the City Code. As a practical matter, those functions are often undertaken by persons designated by the officer or employee in question. Section 10.02(B) of the City Code addresses this concern: (B) Acts by agents. When any provision of this code requires an act to be done which may by law as well be done by an agent as by the principal, such requisition shall be construed to include all such acts when done by an authorized agent. COUNCIL ACTION: Waive first reading and grant final approval of an Ordinance that amends Chapter 10 of the City Code. 11 Monday, October 19, 2015 City Council Agenda 2. Consideration of an Ordinance Amending Chapter 11 of the City Code, as Recommended by City Staff. (First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY: Craig Lepkowski, Police Commander (847-810-3807) PURPOSE AND ACTION REQUESTED: Staff requests approval of an amendment to the City Code pertaining to Section 11 – Administrative Hearing. 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 changes in practices or 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 Chapter 11 – Administrative Hearing, and a proposed amendment to the City Code relating to the Administrative Hearing is included in the Council packet beginning on page 111. BACKGROUND: The proposed amendment will correct grammatical errors, references to outdated recording systems, and allows for the inclusion of bicycle code violations. COUNCIL ACTION: Approval of an Ordinance amending Chapter 11 of the City Code relating to Administrative Hearing by waiving first reading and granting final approval of the proposed Ordinance. 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 26 and July 27, 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. 12 Monday, October 19, 2015 City Council Agenda  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. 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 135. Also included in the Council’s packet are the existing and proposed site plans, landscape images, the Club’s statement and operating policies. Correspondence received on this matter by the Board was included in the previous Council packet and is not duplicated in the current packet. No addition correspondence has been received. An Ordinance amending the Special Use Permit to allow modifications to the Winter Club as requested and establishing conditions of use as recommended by the Zoning Board of Appeals is included in the Council packet beginning on page 125. 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. 13 Monday, October 19, 2015 City Council Agenda 2. Consideration of a Recommendation from the Zoning Board of Appeals in of an Amendment to the Special Use Permit for Lake Forest College as it Pertains to Farwell Field and Halas Hall. (First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) On September 30, 2015, the Zoning Board of Appeals held a public hearing and considered a request from Lake Forest College for an amendment to an existing Special Use Permit to allow seasonal, temporary lights on Farwell Field. As proposed, the lights would be used for practices late in the season, after daylight savings time. Two years ago, the College lost the opportunity to use the Chicago Bears’ indoor field for athletic practices late in the season due to a change in NFL policies. After exploring other options, and finding none workable, the College is requesting approval to use lights as summarized below.  No permanent lights will be installed on the field and no electrical infrastructure to support lights will be installed.  The lights will be used only for football and soccer practices, no games will be played on the field under the lights.  The lights will be used for a maximum of three weeks, beginning the day after daylight savings time ends each year, and extending for up to three weeks thereafter, depending upon the College teams’ success in post season play.  The lights and the associated generators will be in use from 4 p.m. until 8 p.m. only.  Six portable, diesel powered lights will be setup, three on each side of the field.  The light poles will be extended to full height only during the hours of use, and then lowered. At the public hearing, the Board heard testimony both in support of and in opposition to the request from residents in the surrounding neighborhood. During deliberations, the Board stated general support for the College and recognized that efforts were made by the College to find alternative practice field locations without success. The Board also recognized that some questions remain about how the lighting will function, whether it will fully meet the needs of the College and what impacts the lighting may have on the surrounding neighborhood. In an effort to balance all interests and allow the opportunity to answer the remaining questions, the Board voted 6 to 0 to recommend support of the petition subject to several conditions of approval including a condition requiring re-evaluation of the use of the seasonal, temporary lights after the 2015 season. The Board also recommended that the current conditions in the Special Use Permit that pertain to Halas Hall and Farwell Field be updated to reflect current use of those areas. An Ordinance amending the Special Use Permit to allow the seasonal use of temporary lights on Farwell Field and establishing conditions of approval as recommended by the Zoning Board of Appeals is included in the Council packet beginning on page 164. 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 14 Monday, October 19, 2015 City Council Agenda Development Department. A report from the Zoning Board of Appeals to the City Council is also included in the Council’s packet as additional background information. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance amending the Special Use Permit for Lake Forest College as it pertains to Farwell Field and Halas Hall as recommended by the Zoning Board of Appeals. 3. Discussion on Potentially Changing the Mayor’s Term PRESENTED BY: Robert Kiely, City Manager PURPOSE AND ACTION REQUESTED: At the September 21, 2015 City Council meeting, the question was raised about the current term of the Mayor and whether it should be modified to permit a maximum of six years, similar to the limitation on aldermanic terms. This item is on the City Council agenda for discussion only. BACKGROUND/DISCUSSION: In July, 2001, former Mayor Kerr appointed a special advisory committee on the City Charter to consider whether changes in the term of office for the Mayor and the selection of other officers provided for in the Charter would be beneficial for the community. The special advisory committee’s findings were in favor of modifying the term of the Mayor and in May, 2002, the City Council approved an ordinance calling for a referendum in the November, 2002 election to amend the City Charter to change the term of the Mayor from three one-year terms to two two-year terms. The referendum was subsequently approved by the voters. Documentation from 2002 regarding modifying the term limits can be found on page 189. BUDGET/FISCAL IMPACT: None COUNCIL ACTION: Discussion only 9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 10. ADJOURNMENT Office of the City Manager October 14, 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. 15 Monday, October 19, 2015 City Council Agenda 16 17 18 ANNUAL TREASURER’S REPORT THE CITY OF LAKE FOREST FISCAL YEAR ENDING APRIL 30, 2015 COMPENSATION SUMMARY Under $25,000 PATRICK ACELLO,TERESA ALBUS,ERNESTO ALCANTAR,HERIBERTO ALCANTAR,SARAH ALLEN,EDMUNDO ALVAREZ,ASHLEY ANDERSEN,JESSICA ANDERSEN,SHELLEY AQUINO,RICHARD ASHWORTH,MILANA ASTORINO,FRANCISCO AYALA RODRIGUEZ,LEE BAKAKOS,THOMAS BALK,MAXWELL BALLO,ROBERT BARKER,ANA BARTOSZEWSKI,LAURA BARTUSIAK,MATTHEW BAUMHART,PEDRO BEDOLLA,BRIAN BELLITO,JESSICA BESS,LUKE BOWMAN,JOANN BOYLE,BARRY BRAVO,CHARLES BREUSCHER,TRACEY BROLLEY,ZACHERY BULICH,KELLY BURNS,JOSE CALDERON,STEPHANIE CAPPIELLO,SERENA CARBONELL,OFELIA CARMICHAEL,KEVIN CARR,EPIFANIO CASTRO,MARITZA CHAVEZ,LESLIE CHERWNEKA,CHRISTOPHER CHOUINARD,MATTHEW CHOUINARD,STEPHEN CIRAME,AUDREY CLAMAGE,MARY CLEVELAND,MORGAN COLLINS,JAMES COMBS,EMILY CONDIC,JONATHON CONNOR,DAVID CORONA,KALI COTTELEER,KORI COTTELEER,ASHLEY COUSSENS,MOLLY CROCKER,HILARY CURTIS,BARB CUTRO,AKHILA DAMERLA,SAMUEL DANNEKER,MITCHELL DEBIASE,CATHERINE DEMET,CHRISTOPHER DEMET,NICHOLAS DEMET,JENNA DETHLEFSEN,SAMANTHA DEWITZ,CHARLES DEYOUNG,MARY DEYOUNG,LOUIS DIGIOIA,COLE DIGMAN,ERIN DOHERTY,AUDRA DONNELLY,CHRISTOPHER DOUVRIS,LAUREN DUNKLEMAN,JAKE DURBURG,PETER DUROT,THOMAS DURRETT,JEANNEMARIE DUTOIT,MARILYN EISENSTEIN,KRISTIN ELLIOTT,HENRY ERZINGER,MICHAEL EVERT,HEATHER FAUDEL,AMANDA FERNANDEZ,GLORIA FERNANDEZ,MARGARET FERRARESI,IVAN FIGUEROA,KEEGAN FILKIN,KATHERINE FLURI,THOMAS FLYNN,CONNOR FORD,NICHOLAS FORD,JOHN FRAME,JASON FREY,BENITO FUENTES,DANIEL FUNCHESS,DONALD FURTH,REID FURTON,JOHN GARD,DEBORAH GARREY,HERBERT GARREY,PATRICK GARREY,MATTHEW GEISSLER,ROSEANN GIANGIORGI,MICHAEL GIANNELLI,ANN GLYNN,CONNOR GLYNN,ISABEL GODUCO,STEPHANIE GOEBEL,ARTURO GONZALEZ,BRITTANY GOODRICH,ELMER GOTTSCHALK JR,DENITA GREGORY,ROYCE GREGORY,PHILIP GUALDONI,SAMANTHA HAAS,JERRY HAMALAINEN,ARGY MAITA HAMBURG,FREDERICK HAMBURG,ELIZABETH HAMILTON,CONNOR HANRAHAN,BRIDGET HARDY,CATHERINE HARRINGTON,MATTHEW HAVLIK,JEFFREY HAYS,JONATHON HEILMAN,BRENDA HELLWIG,CATHIE HEMESATH,AMY HEPBURN,VALERIE HERZOG,BRIAN HILL,STEVEN HILL,ASHLEY HITCHCOCK,ALEC HITE,DEANNE HOAGLUND,NICOLE HOSKINS,LINDSAY HOUGH,WILLIAM HOWARD,BRANDON HRDLICKA,NICKOLAS HUBEEK,STEPHANIE HUDSON,DANIEL HUGHES,WILLIAM HUMPHREY,RYAN HUSKEY,ALEXANDER JACKSON,LISA JACOBS,THAI JAMIESON,JEFFREY JAMROK,TABATHA JEFFERS,KATELIN JENKO,DUSTIN JENSEN,UL JERNIGAN,KRISTEN JESSEN,ROBERT JOHNSON,GABRIELLA JONES,JONATHON JOYCE,JENNA JOZEFOWSKI,KENDALL KAMHOLZ,KOLE KAMINE,KATELYN KASHUL,THOMAS KIENZLE,JANET KILKELLY,DANIEL KIM,TREVOR KINGSLEY,KRISTEN KINSELLA,SAMANTHA KISS,BRIANA KLAUS,RUSSELL KLUCHKA,DANIELLE KNIGHTON,KEVIN KONSLER,STEPHEN KONSLER,SANDRA KOOPER,BRANT KOTOWSKI,DANIEL KRISS,MONICA KRZEMINSKI,THOMAS LACHANCE,PATRICK LANCTOT,JOHN LANDIS,CAITLIN LANIGAN,CARLOS LARA,MIGUEL LARA,JOHN LARSON,CLAYTON LAWRENCE,RACHEL LERTZMAN,REGINA LINDSTROM,DENNIS LINEHAN,EUGENE LONERGAN,AGUSTIN LOPEZ,LUKE LOVCIK,MICHAEL LOWN,SUZANNE LUSSIER,KATELYN LUTTERBACH,LEANN LYDEN,PETER MACH,DANIEL MADURA,JACQUELINE MADURA,BRITTNEY MANNING,THOMAS MARKS,DANIEL MARKUS,FRANCIS MARTIN,ANDREW MARTINI,MARGARET MASS,JAKE MATTSON,CAROLINE MAY,CATHLEEN MCCORMICK,AMANDA MCDONALD,ZARAH MCGUIRE,CHRISTOPHER MCKENNA,MATTHEW MCKIERNAN,KATHERINE MCMANUS,MARION MCNAIR,RICHARD MELLADO,ALEX MILLER,CAL MILLER,LAURA MINNIS,BRIAN MOLLER,MAX MOORE,JOSE MORENO,EVAN MOSIER,LISA MOULTON,BAILEY MULLER,CHRISTOPHER MURPHY,SHANNON MURRAY,MARGARET MURRENS,CAROL MYERS,THOMAS MYERS,JOHN NELSON,RYLEE NERI,MEGAN NEUMAN,KARSTEN NEUMEISTER,JANINE NEWMAN,LINDA NORAK,ALEXANDER O'GRADY,CHRISTINA OHANESIAN,JASON OLSON,KYLE O'MALLEY,LISA ORSINI,KATHERINE O'TRUK,MILES PADZENSKY,ZOE PANOS,ALEXIS PAULSEN,HENRY PEARSON,MICHAEL PERRY,PATRICK PESCH,RALPH PETERSON,BENNETT PETRAY,LAUREN PETROSKY,BRANDT PFEIFER,THOMAS PHELPS,RANDEE PHILLIPS,MARCO PIACENZA,ROBERT PLUTA,CHRISTOPHER POMMER,JOHN POWELL,SCOTT POWELL,SHELDON PRAIS,JANICE PRICE,DEBORAH PTAK,CHRIS PUCIN,ANTHONY QUALL,CRISTIAN QUINONES,DIEGO QUINONES,MICHAEL RAFFERTY,JESUS RAMIREZ,DAVID RANSDELL,THOMAS RANSOM,LAURA RECKDENWALD,JULIE REIDEL,SANDRA RHODES,POLLY RICHARDSON,JOSEPH RISI,ADELINE ROBINSON,RAUL RODRIGUEZ,ROBERTO RODRIGUEZ,MITCHELL ROGALSKI,CARRIE ROGERS,MARIA ROMERO,AMY ROSE,CLAIRE RUGGLES,OLIVIA RUGGLES,SHIVANI SAIGAL,JULIE SAKICI,RYNE SANCHEZ,JOSEPH SANTELLO,REBECCA SAUSER,IAN SCHAPPE,JOHN SCHMIDT,CHARLES SCHRAMM,JANE SCHUMACHER,EMILY SCHWARZ,WILLIAM SCROGGINS,JOHN SENTELL,MICHAEL SHANAHAN,CHRISTOPHER SHANNON,ANDREW SHAW,ANN SHAW,MICHAEL SHIELDS,JANET SICKLES,CONNOR SIMMS,MACKLIN SIMMS,SUSAN SIMMS,MICHAEL SINCLAIR,KELLY SINDT,RYAN SLENK,BROOKS SMITH,KATHLEEN SMITH,TAYLOR SOLUM,CORY SPANN,DANIELLE SPANN,AMY SPECTOR,BRANDON STANONIK,STEVEN STARK,HENRY STECK,AMI STELLATOS,KIMBERLY STIBAL,DEENA STOVALL,AMY STRUCK,MARIE STUMPF,ANDREW SUCHOWSKI,SUSAN SUHLING,DANIEL SULLIVAN,MARY TARPLEY,IAN TAYLOR,ROBERT TAYLOR,ARTHUR TEKAMPE,ERIC THOMPSON,MARINA TOLPIN,NICOLE TORSKIY,LESLIE TREECE,ALEXANDRA TRUTTER,LUKE TURELLI,MARK TURELLI,EDWARD TUTEN,MARGUERITE TUTEN,CHRISTOPHER UHLE,TRACY ULMER,HILLIARY VACCARELLO,NICHOLAS VAN ANTWERP,AMBER VICE,RICHARD VILLASANA,MARISSA WADHWA,NATASHA WADHWA,ALLEN WALKER,JOHN WALKER,PAUL WALKER,JESSICA WEAVER,JOSHUA WEAVER,MEGAN WHALLEY,KRISTY WHITE,SARAH WHITNEY,AUSTEN WIECZOREK,CLAIRE 19 WILLIAMS,JACK WILLIAMS,SAMANTHA WILSON,BRICE WITEK,MAXIMILIAN WNUK,JEREMY WOERTZ,JORDAN WOLF,IONA WOODS,CONOR WRIGHT,GRACE WU $25,000 to $49,999.99 LINDA BRODERICK,MARILYNN BRUNS,PATRICIO CAMARENA,AMBER CAMPBELL,ANTHONY CARABALLO,DEBORAH CHROBAK,ELIZABETH DAVIS,ARTURO ESCOBAR,CHRISTINE FAUDEL,JAMILA FOSTER,PABLO GARCIA,MARIANO GOMEZ,VALERIE GONZALEZ,ESTHER GUTIERREZ- SLOAN,ANDREW HUNT,MATTHEW KLUCHKA,DANIEL LAINIO,DEBRA LERMAN,OTIS LINDER,JOSE LOPEZ,DAWN MORRIS,HUNTER RATLIFF,ROBERT RAYMOND,JAMES RISI,KIMBERLY YESSIAN $50,000 to $74,999.99 ANTHONY ANASZEWICZ,ERIK BLOMBERG,ANNE BOLOTIN,MARGARET BOYER,RICHARD BRIJA,ROBERT BROWN,MATT BRUGIONI,CAROLYNN CALLABY,RIGOBERTO CORIA,RAFAEL DAVILA,LOUIS DECKER JR,JOSE DIAZ,CRYSTAL EDWARDS,JOHN ELDRIDGE,MICHELLE FRIEDRICH,YONI GARCIA,MICHAEL GOY,JAMES GUNN,LARONDA HAINES,SARA HARTNETT,ERIK HUSTON,CATHERINE JAPUNTICH,MICHELLE KOUSINS,AARON KRUCHKO,MARY JO KUTYNA,TERESA LAURILA,JESSICA LINDERS,BILLY LOYD,BARBARA LUEDER- MANETTI,KIMBERLY MCCANN,DIANA MILLER,THOMAS MINARIK,DAVID MINISCALCO,JASON MITCHELL,KASEY MORGAN,MADELINE PALENICA,BRIAN PANNIER,RICKEY PARHAM,KENNETH PIERINI,BECKY POCASANGRE,SANDRA RAGSDALE,ISMAEL RAMIREZ,LAUREN REAUMOND,TROY REEVES,TERRY RICHARDS,PENNY ROBBINS,LISSARDA ROGOZ,WILLIAM SCHELHAS,PATRICIA SCHWALL,JAMES SHELTON IV,KRISTEN SKISTON,DENNIS SMITH,RICO STRINGER,NADA SYDOW,CHRISTINE TERESI,KENNETH WAGNER,MICHELLE WALKER,CARLA WARD,GALE YOUNG,MARK ZALKE $75,000 to $99,999.99 CRISPIN ABEL,BRIAN ACELLO,DAVID ANDERSEN,JOHN BALDWIN,SUSAN BANKS,GILDARDO BARAJAS,JAN-PIERRE BARDI,ANDREW BARNES,DOMINICK BELLINO,JASON BUSDEKER,MIGUEL CAMARENA,TONY CARINGELLO,ROBERT CARMICHAEL,DAVID CERER,SCOTT CHRISTENSEN,STUART COX,BRYAN DEBAETS,TROY DEVRIES,RANDALL DIEKMANN,CHARLES DOUGLAS,DANIEL DRAEGER,BRIAN D'SOUZA,WENDY DUMONT,DONNA DUNN,BRIAN ESMON,CHARLES FLESCH,CHARLES FRANCO,CHRISTOPHER FREUND,ETHEL GARY,MIKE GERNENZ,MICHAEL GLOMSKI,MATTHEW GOODMAN,RONALD GRAMER,ROBERT HEELAN JR,ROBERT HENDERSON,FRIEDRICH HOEFT,BILL HOOPER,DIANE HORN,JOSHUA HUCKER,BRIAN HUFFHINES,MICHAEL HUGHES,SCOTT IRISH,PATRICK ISSEL,MATTHEW JAKOB,ROBERT JANUARY,EDWARD JOHNSON,BRIAN JOYCE,LAWRENCE KENAR,JAMES KOBLAS,ERIK KOSITZKI,CHARLES KRIENS,MARK LONG,TIMOTHY MAGOON,SALOMON MARTINEZ JR.,KEITH MASLON,BRIAN MIKLOVIC,ADAM MILCZAREK,JOSEPH MOBILE,ERIC MONTELLANO,MICHAEL MOUNTS,TODD NAHIGIAN,RICHARD PAULSEN,TRAVIS PEDERSEN,PAUL PETERSEN,BRIAN POGACHNIK,BERNARD PONDEXTER,MATTHEW RAUSCH,ANDREW RICK,MISAKO RIVERA-MAJ,CHRISTOPHER ROBERTS,MARK ROCKWELL,KYLE ROEDER,JAMES SANTOSTEFANO,MARLA SCHACHTEL,ROBERT SERKOWSKI,ANDY SHIU,RAYMOND SPETZ,COLLEEN SYC,ANGELA TAPPA,MICHAEL TIEGS,DAVID TISINAI,JOSEPH TOMASELLO,JOHN VARNER,RICHARD VOLPE,JEFFREY WAIT,MATTHEW WERT,MICHAEL WHALEN,COREY WIEREMA,JEFFREY WIEREMA,ROBERT WILKINS,ROBERT WOLFF,WILLIAM WRIGHT,EDMUND YEP,JOANNE YORRO $100,000 to $124,999.99 PHILLIP ALDERKS,ANDREW ALLAN,RICK ANDERSON,MARTIN BLITSTEIN,WILLIAM BORZICK,ROBERT COPELAND,KEVIN CRONIN,DWIGHT DAVIS,DAVID DEMARCO,ROBERT ELLS,JAMES FAHEY,ERIC FARR,JOSEPH GABANSKI,MICHAEL GALLO,TIMOTHY GEHRING,ERIC GLOBERGER,PETER GORDON,STEPHEN GROST,BENJAMIN GRUM,JOHN GULLEDGE,KENNETH HAGLUND,DIANE HALL,STEVEN HUCK,CORY KAZIMOUR,MICHAEL LANGE,CRAIG LEPKOWSKI,BRETT MARQUETTE,DANIEL MARTIN,ROBERT MARTINELLI,ROBERT MONAHAN,CHARLES MYERS,MATTHEW PENAR,ERIC PODOWSKI,PAUL PUGLIESE,NICHOLAS SAVEL,MARK SENGER,PETER SIEBERT,MATTHEW SIGNA,JOSEPH STANONIK,JEFFREY SULKIN,SALLY SWARTHOUT,BRIAN VERBEKE,CARINA WALTERS,THOMAS WILSON,KEVIN ZELK $125,000 and over CATHERINE CZERNIAK,CHRISTOPHER GARRISON,JAMES HELD,ELIZABETH HOLLEB,JEFFREY HOWELL,KEVIN ISSEL,DESHA KALMAR,ROBERT KIELY,MICHAEL THOMAS,MARY VAN ARSDALE,KARL WALLDORF Total Compensation $21,429,411.46 EXPENDITURE SUMMARY: 1ST AYD CHEMICAL CORPORATION 12,395.27,3M LAR5393 8,009.92,A & A SPRINKLER COMPANY INC 15,841.00,A LAMP CONCRETE CONTRACTORS, INC 97,545.52,ABT ELECTRONICS &APPLIANCES CO 3,400.18,ACCURATE TANK CONSTRUCTION 4,540.50,ACOM SOLUTIONS INC 3,822.36,ACTION FENCE CONTRACTORS, INC. 4,100.00,ADS ENVIRONMENTAL SERVICES 18,510.00,ADVANCED UNDERGROUND INSPECTION 24,439.20,AIR CON REFRIGERATION & HEATING 27,518.00,AIR ONE EQUIPMENT INC 6,867.41,AL WARREN OIL COMPANY, INC. 236,086.79,ALARM SECURITY INC 26,685.69,ALBERTSON'S INC. 23,006.04,ALEXANDER CHEMICAL CORPORATION 19,691.80,ALEXANDER EQUIPMENT CO INC 5,629.97,ALLEN VISUAL SYSTEMS INC 8,273.00,ALLSTAR ASPHALT, INC. 85,247.00,ALPHA PAINTWORKS INC 7,000.00,AMERICAN BACKFLOW PREVENTION INC 7,208.00,AMERICAN GAS LAMP WORKS, LLC 9,929.03,AMERICAN GASES CORP 6,034.27,AMERICAN LEGAL PUBLISHING CORP 13,211.00,AMERICAN OUTFITTERS LTD 9,748.85,AMERICAN VENDING INC 4,248.04,AMERICAN WATER WORKS ASSOCIATION 3,101.26,AMERICA'S ACTION TERRITORY 2,929.22,ANDRES MEDICAL BILLING LTD 28,981.09,APPAREL SEWN RIGHT 19,158.92,APPLIED CONCEPTS, INC. 4,755.00,ARAMARK REFRESHMENT SERVICES 3,759.35,ARAMARK UNIFORM SERVICES INC 3,574.20,ARIES INDUSTRIES, INC. 3,101.08,ARLINGTON POWER EQUIPMENT INC 20,146.94,ARTHUR CLESEN INC 22,659.91,ARTRAGEOUS CUSTOM ENGRAVING, LLC 3,021.65,ASH PRODUCTIONS, LLC 13,420.00,ASPEN VALLEY LANDSCAPE SUPPLY 16,921.14,ASSOCIATED ADVERTISERS INC 4,095.00,AT & T 50,907.23,ATLAS BOBCAT INC 34,694.66,AUTOMATIC CONTROL SERVICES 3,000.00,AV TECHSOURCE, INC. 8,849.37,AVALON PETROLEUM COMPANY 13,910.40,AVI SYSTEMS, INC. 9,742.00,AXXESS HEATING & AIR 20 CONDITION 4,890.00,AYRES ASSOCIATES, INC. 74,017.00,BAKER TILLY VIRCHOW KRAUSE LLP 3,200.00,BALLET BARRES, INC. 10,891.44,BARRIOS CUSTODIAL SERVICES, INC 12,672.00,BATTERIES PLUS HOLDING CORP 13,427.86,BATTLE CK AREA HABITAT FOR HUMANITY 2,700.00,BAXTER AND WOODMAN INC 9,087.24,BEAVER CREEK NURSERY INC 4,760.00,BEBER CAMP 15,407.00,BELL'S ULTIMATE TRUCK OUTFITTERS 9,568.00,BERKEN-KOTTER, LTD. 6,067.88,BERRY TIRE CO 12,626.50,BIG TOP TENT AND PARTY RENTALS 3,895.00,BLECK ENGINEERING CO INC 41,864.75,BOB FISH BUICK GMC, INC 100,400.00,BOUND TREE MEDICAL, LLC 5,496.13,BRAY SALES INC 21,999.82,BRICKMAN GROUP HOLDINGS, INC 6,600.02,BROADWAY IN CHICAGO GROUP SALE 6,736.00,BRUCE BRUGIONI CONSTRUCTION 10,657.00,BSA TROOP 48 7,579.00,BSN SPORTS 7,933.66,BULLEY & ANDREWS 43,157.00,BURRIS EQUIPMENT COMPANY 54,783.13,BUSHNELL, INCORPORATED 12,795.87,CALL ONE 64,123.77,CARMICHAEL, ROBERT L 3,631.71,CATHY ROE PRODUCTIONS 8,817.00,CDW 90,598.26,CENTRAL MICHIGAN UNIVERSITY 4,235.60,CENTRAL SUBURBAN YOUTH FOOTBALL 4,750.00,CERAMIC SUPPLY CHICAGO INC 7,223.77,CFA 2,995.00,CHARLES J FIORE COMPANY INC 37,082.39,CHICAGO BEARS FOOTBALL CLUB, INC 2,666.05,CHICAGO COMMUNICATIONS LLC 14,644.81,CHICAGO NATL ASSOC OF DANCE MA 5,895.00,CHICAGO TRIBUNE 5,093.14,CHRISTOPHER B BURKE,ENG LTD 7,620.02,CHRZANOWSKI, FRANK 38,736.75,CINTAS CORPORATION 19,909.02,CIT GROUP, INC 2,721.63,CLARK BAIRD SMITH, LLP 41,511.40,CLARKE AQUATIC SERVICES, INC 8,450.86,CLARKE MOSQUITO CONTROL PRODUCTS 17,274.00,CLAVEY'S NURSERY INC 14,421.25,CLEAN CUT TREE SERVICE, INC 54,006.05,CLERK BASE 8,540.00,CLIENTFIRST CONSULTING GROUP 97,761.75,CLUB MOMENTUM ATHLETICS 4,982.25,COLE-PARMER 4,202.84,COLLEGE OF LAKE COUNTY 7,479.00,COLLEGE PARK ATHLETIC CLUB 34,352.62,COLUMBIA PIPE AND SUPPLY CO 9,573.54,COLUMBUS MCKINNON CORP 6,820.75,COMCAST OF CHICAGO, INC. 27,537.76,COMED 81,103.84,COMMUNICATION REVOLVING FUND 7,673.11,COMMUNICATIONS FINANCE, INC. 8,023.00,COMMUNITY PARTNERS AFFORD HOUSING 85,000.00,COMPUTER EXPLORERS 6,075.00,COM-TEC SECURITY, LLC 44,568.00,CONDELL MEDICAL CENTER 6,710.00,CONSERV FS 225,360.25,CONSERVATION DESIGN FORUM 38,418.27,CONSTELLATION ENERGY SERVICES 17,666.50,CONSTELLATION ENERGY SERVICES 43,078.84,CONTINENTAL WEATHER SERVICE 3,600.00,CONWAY FARMS GOLF CLUB, INC. 3,318.10,CONWAY PARK AT LAKE FOREST 4,948.63,COPELAND, ROBERT 4,371.40,CORDOGAN CLARK & ASSOC, INC 9,800.00,CORE VISION IT SOLUTIONS LLC 11,577.83,CORUS GROUP LLC 11,986.29,COSTCO WHOLESALE CORPORATION 13,925.30,CRAFTWOOD LUMBER COMPANY 7,629.33,CREATIVE CONCRETE 17,280.00,CREDENTIALS ORDER PROCESSING SERVICES 98,704.20,CROWLEY'S YACHT YARD LAKESIDE 15,115.00,CRYOTECH DEICING TECHNOLOGY 5,955.59,CRYSTAL MAINTENANCE SERVICES 172,776.60,CUMMINS NPOWER LLC 8,468.52,CURTAIN CALL COSTUMES 3,950.54,CUSTOM IMAGES UNLIMITED, LLC 4,410.00,CZERNIAK, CATHERINE 3,627.04,D & L CHB, LLC 4,369.41,D N WELDING & FABRICATING, INC 4,193.50,D. K. ENVIRONMENTAL SERVICES 15,620.00,DAIOHS USA 12,606.99,DAVID L.F. WILSON & COMPANY INC 8,725.00,DCG ROOFING SOLUTIONS INC 135,000.00,DEER PATH INN 3,458.45,DELF'S GARAGE & SERVICE, INC. 11,484.00,DELL MARKETING L.P 54,758.16,DEMUTH INC 43,600.00,DEWITZ, SAMANTHA 3,000.00,DI MEO BROS INC 13,599.50,DI TOMASSO EXCAVATING 25,645.00,DIRECT FITNESS SOLUTIONS, LLC 48,950.31,DISCOUNT SCHOOL SUPPLY 3,469.53,DIVINCI PAINTERS INC 77,925.69,DIVISION OF VITAL RECORDS 17,576.00,D'LAND CONSTRUCTION, LLC 250,225.48,DONATI'S OF LAKE FOREST 4,989.29,DROPBOX, INC 2,670.00,DUECO INC 3,311.49,DUKE'S SALES & SERVICE, INC. 6,092.88,DUMONT, WENDY 3,768.85,DUROWELD CO INC 4,857.50,DYNACOIL, INC 11,459.89,EDGE AUDIO SERVICES 5,010.00,EJ EQUIPMENT INC. 3,739.88,ELAN FINANCIAL SERVICES 235,772.00,ELAWA FARM FOUNDATION 44,727.49,ELECTRICAL ENERGY EXPERTS, INC 3,090.00,ENTERPRISE RENT-A-CAR 3,761.35,ENVIRONMENTAL TECHNOLOGY A LAKE 2,557.00,ESRI 36,610.00,E-Z-GO TEXTRON INC. 5,795.02,FACTORY CLEANING EQUIPMENT, INC 7,655.06,FAMILY SERVICE OF SOUTH LK CO 5,450.00,FASTENAL COMPANY 4,354.12,FAULKS BROS. CONSTRUCTION INC 3,884.10,FEDERAL EXPRESS CORPORATION 2,516.15,FERENTINO'S PIZZA 12,436.70,FERGUSON WATERWORKS #2516 5,483.39,FILIPPINI LAW FIRM LLP 378,109.30,FILTRATION CONCEPTS, INC. 4,671.13,FIRE & POLICE SELECTION, INC. 2,999.05,FIRE PENSION PAYMENTS 1,864,200.79,FIRST STUDENT INC 3,255.00,FISCAL CHOICE CONSULTING, LLC 9,800.00,FISH PLANET 6,670.94,FITZGERALD LIGHTING & MAINTENANCE 2,925.92,FLEET TRANSMISSION SERVICE LLC 3,852.00,FLIPS GYMNASTICS NORTH SHORE 17,127.20,FLOLO CORPORATION 94,904.14,FOOTJOY 3,769.52,FOSTER COACH SALES, INC. 139,051.45,FOX RIDGE NURSERY INC 2,740.00,FRANKLIN, RICHARD 208,705.11,FRIENDS OF LAKE FOREST PARKS & RECREATION 21,900.00,G & O THERMAL SUPPLY CO. 8,625.56,GAIAM AMERICAS, INC 4,622.15,GALLO, MIKE 4,569.74,GARDENSIDE LTD 4,463.00,GARRETT MCKENZIE ENVIRONMENTAL 2,809.48,GAS DEPOT INC 151,270.50,GATEWAY TECHNICAL COLLEGE 3,306.60,GATWOOD CRANE SERVICE INC 3,625.00,GE CAPITAL 3,299.76,GEMPLER'S, INC. 7,731.87,GENERAL PARTS, INC 27,982.73,GETZ'S INCORPORATED 2,789.27,GEWALT-HAMILTON ASSOC INC 72,255.53,GIS CONSORTIUM 5,211.43,GLACIER OAKS NURSERY INC 6,166.90,GLOBAL EMERGENCY PRODUCTS INC 7,291.56,GLOBAL EQUIPMENT COMPANY, INC. 7,204.23,GLOBAL KNOWLEDGE NETWORK INC 3,415.25,GOODMAN ELECTRIC SUPPLY 21,042.79,GOODMARK NURSERIES INC 4,460.00,GORTON COMMUNITY CENTER 67,070.00,GOSEWISCH, PATRICK E. 10,203.02,GOVHR USA LLC 13,227.25,GRAFFITI GRILL INCORPORATED 2,910.00,GRAINGER 118,344.66,GRAPHIC PARTNERS, INC. 4,867.00,GRAYBAR ELECTRIC COMPANY, INC. 11,217.84,GREAT LAKES SERVICES & SUPPLY 97,415.00,GREEN CHEVROLET BUICK GMC INC 23,979.18,GREEN CONCEPTS INC 3,864.90,GREENS BY WHITE INC 4,156.48,GREG'S AUTO BODY, INC. 34,684.79,GRO HORTICULTURAL ENTERPRISES 19,619.00,GUY SCOPELLITI CO., INC. 48,266.83,H & E SOD NURSERY 4,598.40,H T STRENGER INC 4,419.94,H W LOCHNER, INC. 16,301.67,HAAPANEN BROTHERS, INC. 10,237.98,HABITAT SYSTEMS LTD 4,335.00,HADDAD LAW FIRM LLC 4,243.90,HALLORAN & YAUCH INC. 2,861.14,HAMPTON LENZINI & RENWICK INC. 6,002.00,HARRIS GOLF CARS 7,140.00,HASTINGS AIR-ENERGY CONTROL 5,383.84,HAVEY COMMUNICATIONS INC 45,899.90,HBK WATER METER SERVICE INC 3,300.00,HD SUPPLY WATERWORKS, LTD. 48,694.71,HDR ENGINEERING, INC. 413,710.54,HEALTH ENDEAVORS, S. C. 13,965.00,HELLER CATERING 12,681.66,HENDERSON, JANET AUSTIN 4,037.40,HERKY'S TRUCKING INC 11,925.00,HOBBY LOBBY CREATIVE CENTERS 4,250.07,HOERR CONSTRUCTION, INC 94,355.69,HOLLAND & KNIGHT LLP 13,255.40,HOME DEPOT 31,490.03,HOMER INDUSTRIES, LLC 6,995.00,HOVING PIT STOP, INC. 3,824.41,HOWE SECURITY, INC 5,928.40,HUEMANN WATER MANAGEMENT, INC. 2,720.00,I.R.M.A. 442,107.05,I/O SOLUTIONS, INC 4,500.00,IDENTITY CUSTOM 21 SPORTSWEAR INC 6,451.25,IDLEWOOD ELECTRIC SUPPLY 12,348.04,ILL DEPT OF EMPLOYMENT SECURITY 104,024.25,ILLCO, INC. 3,236.27,ILLINOIS ARBORIST ASSOC. 2,605.00,ILL DEPT OF REVENUE 6,990.83,ILLINOIS DEPT OF TRANSPORATION 26,835.60,ILLINOIS FIRE STORE 8,723.07,ILLINOIS GIRLS LACROSSE ASSOC 19,786.75,ILLINOIS MUNICIPAL RETIREMENT FUND 1,632,261.74,ILLINOIS PUMP INC 25,082.96,ILLINOIS ROOF CONSULTING ASSOC 15,150.00,ILLINOIS TRUCK CENTRE, INC 2,586.89,IMPACT NETWORKING LLC 6,848.49,INLAND POWER GROUP, INC. 6,011.43,INMAN GLASS INC. 4,350.00,INNER SECURITY SYSTEMS, INC. 8,795.35,INSORS INTEGRATED COMMUNICATION 5,110.00,INTEGRITY GROUP COMPANIES INC 8,980.00,INTEGRYS ENERGY SERVICES - 88,673.05,INTEGRYS ENERGY SERVICES, INC. 273,938.47,INTERDEV, LLC 36,624.00,INTERNAL REVENUE SERVICE 1,111,095.94,INTERNATIONAL ART SERVICES, INC 5,319.00,INTERSTATE BATTERY OF NORTHERN 9,940.20,INTL CEMETERY/CREMATN/FUNERAL 2,635.00,ITASCA GREENHOUSE INC. 2,702.99,J & M GOLF INC 4,315.47,JACOB & HEFNER ASSOCIATES, INC 13,123.98,JAMES LA DUKE AND ASSOCIATES 3,793.00,JAMES W SMITH PRINTING COMPANY 9,985.00,JETS ELECTRICAL TESTING & FIELD 4,744.00,JOHN DEERE LANDSCAPES, INC 7,101.15,JOHN S. SWIFT COMPANY, INC 24,724.00,JULIE INC 6,737.36,K & M MARKETING INC 19,744.10,K. H. KIM'S TAE KWON DO 8,415.75,KAPLAN PAVING, LLC 14,773.60,KEMPER SPORTS MANAGEMENT, INC. 116,627.94,KENIG, LINDGREN, O'HARA, ABOON 8,038.74,KENOSHA NEWS 5,311.95,KIDDLES INC 12,434.47,KINNUCAN 309,837.22,KONICA MINOLTA BUSINESS SOLUTION 28,740.08,KONICA MINOLTA BUSINESS SOLUTION 9,231.36,KOWALSKI MEMORIALS INC 2,510.00,KRAEUTER, BRUCE 4,690.00,KRAV MAGA WORLDWIDE INC 2,850.00,LA FORCE 52,448.00,LAKE & MCHENRY COUNTY FD SRT 5,710.00,LAKE COUNTY COLLECTOR 30,708.92,LAKE COUNTY FOREST PRESERVE 50,000.00,LAKE COUNTY HOSE AND EQUIPMENT 12,606.94,LAKE COUNTY PRESS, INC 26,761.35,LAKE COUNTY RECORDER 3,169.00,LAKE FOREST BANK AND TRUST 228,911.80,LAKE FOREST BP 6,076.31,LAKE FOREST CLUB 4,492.48,LAKE FOREST COLLEGE 3,220.00,LAKE FOREST COMM HIGH SCH 115 4,871.04,LAKE FOREST FLOWERS 2,794.30,LAKE FOREST LACROSSE ASSOCIATION 4,676.25,LAKE FOREST LANDMARK DEVELOPMENT 2,925.00,LAKE FOREST SWIM CLUB 6,648.00,LAKELAND HVAC AUTOMATION INC 4,480.00,LANDSCAPE CONCEPTS MANAGEMENT 57,138.25,LANDSCAPE STRUCTURES, INC. 100,000.00,LANGUAGE STARS 2,756.25,LARSEN FLORIST / GREENHOUSE 6,279.50,LAW OFFICE OF HENRY TONIGAN 9,000.00,LAW OFFICES OF PAUL D. LAWENT 3,661.67,LAWSON PRODUCTS, INC. 13,786.58,LEACH ENTERPRISES INC 11,812.71,LEADS ONLINE LLC 2,848.00,LENCO FLOORING 4,275.00,LEXIPOL, LLC 4,837.50,LF/LB AM ROTARY 2,336.00,LF/LB CHAMBER OF COMMERCE 3,190.00,LIBERTY PRAIRIE RESTORATIONS 7,642.34,LIBERTYVILLE CHEVROLET 4,997.47,LIBERTYVILLE TILE & CARPET 9,850.05,LIFE FITNESS 24,669.90,LIFE INSURANCE CO OF NORTH AMERICA 43,482.59,LINDCO EQUIPMENT SALES, INC. 96,372.90,LOHMAN GOLF DESIGNS 8,850.00,LOWE'S CREDIT SERVICES 7,477.21,LUCAS LANDSCAPING AND DESIGN 3,350.00,LYNCH CONSTRUCTION CORPORATION 27,903.00,LYONS ELECTRIC COMPANY, INC. 40,196.27,M. TANZILLO, INC. 17,195.00,MAG CONSTRUCTION CO 228,688.76,MANFREDINI LANDSCAPING CO., INC 35,184.00,MARIANI LANDSCAPE 37,465.78,MARIANI PLANTS 29,160.50,MARTELLE WATER TREATMENT, INC. 23,885.00,MARTIN IMPLEMENT SALES, INC. 3,741.00,MARTIN PETERSEN CO INC 41,649.20,MARTINELLI CORP 3,418.13,MASS MEDICAL S.C. 6,735.00,MAX-R 9,706.00,MCCORMICK, JAMES R. 3,570.00,MCGLADREY LLP 39,777.00,MCHENRY ANALYTICAL WATER 12,026.00,MCHENRY COUNTY NURSERY INC 6,256.00,MCMAHON ASSOCIATES INC 12,000.00,MCMASTER CARR 9,229.98,MCNEILUS TRUCK & MFG CO 29,812.46,MEDICAL AND DENTAL CLAIMS 4,190,453.34,MENDINO EXCAVATING, INC 2,700.00,MENONI & MOCOGNI INC 22,366.79,MIDWEST BEDLINERS & TRUCK TOYS 5,400.00,MIDWEST ENVIRONMENT CONSULTANT 11,971.25,MIDWEST FENCE CORPORATION 3,058.00,MIDWEST FUEL INJECTION SERVICE 5,280.91,MIDWEST GROUNDCOVERS 5,505.44,MIDWEST NETTING SOLUTIONS, LLC 3,052.00,MIDWEST TRADING HORTICULTURE 3,536.40,MILL CREEK NURSERY INC 7,574.00,BUILDING PERMIT REFUNDS 506,454.09,RECREATION PROGRAM REFUNDS 13,868.81,CEMETERY LOT REFUNDS 65,685.00,WATER REFUNDS 5,328.40,MISC. ONE TIME VENDORS 20,628.31,MNJ TECHNOLOGIES DIRECT, INC. 66,878.73,MOBILE, JOSEPH 3,957.88,MORPHO USA, INC 36,813.00,MORRISON ASSOCIATES LTD 11,850.00,MORTON GROVE AUTO 7,527.57,MOTOROLA SOLUTIONS, INC. 7,042.62,MUNICIPAL GIS PARTNERS, INC. 184,066.00,MUNICIPAL MARKING DISTRIBUTORS 3,406.87,MUNICIPAL SYSTEMS, INC. 25,388.75,MUTUAL SERVICES OF HIGHLAND PARK 9,725.79,NASAW DOUGLASS 9,000.00,NELS JOHNSON TREE EXPERTS INC 18,785.25,NEOGOV 9,830.00,NEOPOST USA, INC 23,663.22,NEW WORLD SYSTEMS CORPORATION 2,550.00,NIKE USA INC 6,595.90,NILCO, INC 46,435.00,NIPSTA 13,990.00,NOLAN, KATHLEEN M. 4,518.81,NORATEK SOLUTIONS 2,850.00,NORRIDGE SEWER & WATER CONSTRUCTION 4,995.00,NORTH EAST MULTI- REGIONAL TRAINING 10,560.00,NORTH SAILS MIDWEST 2,827.00,NORTH SHORE GAS COMPANY 48,028.68,NORTH SHORE SANITARY DIST 4,322.31,NORTH SHORE WATER RECLAMATION 4,057.93,NORTHEASTERN IL REG CRIME LAB 28,188.00,NORTHERN DIVERS USA, INC 640,033.90,NORTHERN ELECTRIC SERVICE INC 2,681.97,NORTHERN ILL POLICE ALARM SYSTEM 13,728.06,NORTHERN ILLINOIS UNIVERSITY 18,249.95,NORTHERN SAFETY CO INC 4,446.60,NORTHWEST MUNICIPAL CONFERENCE 10,001.00,NORTHWEST TRUCKS INC. 3,523.92,NORTHWESTERN MEMORIAL PHYSICIAN 12,752.00,NORTHWESTERN UNIVERSITY 23,725.00,NORTHWIND PERENNIAL FARM, INC 5,911.50,NORTHWOODS WREATHS CO 5,851.90,NSSRA 261,274.96,NUTOYS LEISURE PRODUCTS INC 12,988.80,NXT SPORTS, LLC 2,565.00,O C TANNER 9,816.32,O'HARE DANCE STUDIOS INC 11,082.22,OLSON TRANSPORTATION, INC. 47,445.64,OM WORKSPACE - CHICAGO 6,258.62,ORION SAFETY PRODUCTS 4,085.10,OTIS ELEVATOR COMPANY 10,958.10,OVERHEAD DOOR CO 32,114.41,P CLIFFORD MILLER INC 118,682.50,P&H SENESAC, INC 14,672.50,PALMEN BUICK GMC CADILLAC,INC 39,288.00,PALMER JOHNSON POWER SYSTEMS 3,486.91,PARKMOBILE USA, INC 3,787.41,PASQUESI HOME & GARDENS 3,842.37,PASQUESI PLUMBING CORP 5,179.25,PATTEN POWER SYSTEMS 25,301.67,PAVER CARE INC 6,900.00,PAXTON HARDWOODS, LLC 2,877.00,PEARSON FENCE COMPANY, INC. 12,345.00,PELLUCID CORPORATION 4,915.00,PENDELTON TURF SUPPLY INC 3,345.25,PERFORMANCE MEDIA 2,660.00,PERSONNEL STRATEGIES LLC 18,450.00,PETER BAKER & SON 2,546,662.61,PETROLIANCE LLC 43,848.61,PHN ARCHITECTS, LTD 4,957.39,PILATES WITH AUDREY 3,544.00,PINNER ELECTRIC 9,300.00,PIONEER MANUFACTURING COMPANY 7,658.05,PITNEY BOWES INC 2,686.68,PITNEY BOWES RESERVE ACCOUNT 7,400.00,PLANTE & MORAN, PLLC 31,950.00,POLICE PENSION PAYMENTS 2,317,438.12,PORTER, LINDA S. 4,038.00,POSSIBILITY PLACE NURSERY 6,810.00,POWER EQUIPMENT LEASING 4,160.00,POYNETTE IRON WORKS INC 10,501.00,PRECISION 22 SERVICE & PARTS. INC 6,959.83,PRINT TECH INC 8,232.94,PRO GRO, INC. 19,501.47,PRO-TEMP OF ILLINOIS, INC 28,640.00,PROFESSIONAL BENEFITS ADMINSTRATION 711,744.75,R A ADAMS ENTERPRISES INC 14,745.86,R A MANCINI, INC. 511,313.10,R J THOMAS MFG CO INC 9,943.68,RAINBOW FARM ENTERPRISES, INC 9,800.00,RAY CHEVROLET INC 90,644.00,RAY O'HERRON CO INC 24,553.00,RAY SCHRAMER & CO 5,746.70,REALESTATE TRANSFER TAX REFUND 72,695.00,REALTY VALUATION SERVICES INC 3,825.00,RED WING SHOES 6,292.50,REINDERS, INC. 28,786.12,RESOURCE MANAGEMENT-CHICAGO 34,536.05,REVOLUTION DANCEWEAR 5,967.71,REX RADIATOR 4,404.40,RJ UNDERGROUND, INC 458,279.75,ROBERTS, CHRISTOPHER 3,271.01,ROCK TRED II LLC 58,747.75,ROCKLAND FIRE PROTECTION DISTRICT 18,964.00,RODENTPRO.COM, LLC 15,394.54,ROGAN'S SHOE 3,632.19,ROLYAN BUOYS 2,823.00,RON CLESEN'S ORNAMENTAL PLANTS 3,527.05,RONDOUT SERVICE CENTER 8,071.80,ROSBOROUGH PARTNERS INC 12,538.31,RUPRECHT COMPANY 4,093.00,RUSH TRUCK CENTERS OF ILLINOIS 23,918.87,RUSSO HARDWARE, INC. 20,235.35,RYDIN DECAL 2,585.59,S & S WORLDWIDE, INC. 5,973.62,SAM'S WEST, INC. 15,504.23,SCHAEFER SYSTEMS INTERNATIONAL 3,139.00,SCHOOL DISTRICT 67 111,422.83,SCHROEDER & SCHROEDER, INC. 124,728.40,SELECTRON TECHNOLOGIES, INC 9,135.00,SEMERSKY ENTERPRISES 16,712.96,SERVICE EXPRESS, INC. 14,304.65,S-FOUR ENTERPRISES, INC. 9,360.54,SHARP BRUSH INC 20,660.00,SHERIDAN AUTO PARTS 8,764.57,SILK-SCREENING BY WILL 11,222.92,SILVER STAR HOME SERVICES CORP 10,664.00,SMITH & LALUZERNE LTD 41,009.00,SMITH ECOLOGICAL SYSTEMS 13,459.00,SMP LACROSSE 4,500.00,SNELL, ROBERT 14,926.00,SOIL & MATERIAL CONSULTANTS 14,408.50,SOLARWINDS, INC 3,229.50,SOLID WASTE AGENCY OF LAKE COUNTY 9,702.50,SOUTH BRANCH NURSERIES INC. 4,546.00,SPARKS OF IMAGINATION, INC. 4,702.00,SPECIALTIES DIRECT 5,905.00,SPRING ALIGN OF PALATINE INC 11,643.06,STACHURA, KELLY 3,673.90,STAGESTEP INC. 6,244.16,STANDARD EQUIPMENT COMPANY 6,860.72,STARK PRINTING COMPANY 3,251.94,STATE INDUSTRIAL PRODUCTS CORP 3,291.41,STEIN, RONALD W. 11,120.41,STEINER ELECTRIC COMPANY 5,613.77,STEPP EQUIPMENT COMPANY 8,675.39,STEVE OLSON PRINTING AND DESIGN 3,998.45,STRAND ASSOCIATES, INC 241,850.37,STREICHER'S POLICE EQUIPMENT 6,475.43,STRUCTURELOGIC, INC 7,520.75,SUN BADGE COMPANY 4,863.64,SUNGARD HTE INC 4,060.00,SUNSET FOOD MART INC 9,716.32,SUN-TIMES MEDIA 16,087.40,SUPERIOR INDUSTRIAL SUPPLY 12,476.10,SUPERIOR ROAD STRIPING INC 73,596.19,SUSAN L. KELSEY 58,557.71,SVANACO 10,850.00,T. Y. LIN INTERNATIONAL, INC. 32,414.64,TDS DOOR COMPANY 11,556.55,TEAM REIL, INC. 4,730.90,TEC ELECTRIC INC 23,622.16,TECHNICAL DESIGN SERVICES, INC 2,895.00,TERMINAL SUPPLY COMPANY 5,584.36,TESKA ASSOCIATES INC 27,763.32,THE ACTIVE NETWORK, INC. 10,154.82,THE BUREAU OF NAT'L AFFAIRS INC 3,994.00,THE CITY OF LAKE FOREST 7,042.99,THE DAVEY TREE EXPERT COMPANY 21,259.50,THE LAX SHOP 6,652.50,THIRD MILLENNIUM ASSOCIATES, INC 8,856.07,THYBONY PAINT & WALLCOVERINGS 4,139.86,THYSSENKRUPP ELEVATOR CORP 14,573.85,TIMOTHY W SHARPE 5,300.00,TITLEIST 7,997.17,TJS DESIGN INC 12,973.20,TOTAL PARKING SOLUTIONS, INC. 12,442.00,TRAFFIC CONTROL&PROTECTION INC 12,697.21,TRAFFTECH INC 13,047.50,TREDROC TIRE SERVICE 33,140.78,TRUGREEN LP 3,009.00,ULINE, INC. 5,889.74,UNIFY INC 33,401.73,UNION PACIFIC RAILROAD COMPANY 12,500.00,UNITED POWER & BATTERY CORP 6,128.93,UNITED STATES POSTAL SERVICE 25,000.00,UNITED STATES TREASURY 3,348.89,UNIVERSITY OF ILLINOIS-GAR 3,000.00,URBAN ARBORIST 5,115.00,USA BLUEBOOK 18,255.68,VERDER INC 29,685.42,VERIZON WIRELESS MESSAGING SERVICE 112,832.31,VERMONT SYSTEMS, INC 64,273.54,VERNON HILLS ANIMAL HOSPITAL 5,325.99,VILLAGE OF DEERFIELD 20,053.00,VILLAGE OF GLENVIEW 916,933.07,VILLAGE OF LAKE BLUFF 31,592.00,VISION SOLUTIONS, INC. 3,168.96,VULCAN MATERIALS COMPANY 8,053.94,WAKE MARINE 20,943.33,WALKER, LINDA A. 10,300.00,WALLDORF, KARL M. 3,613.84,WALNUT CREEK NURSERY 10,780.00,WAREHOUSE DIRECT 68,287.29,WAUKEGAN SAFE & LOCK LTD 3,947.23,WAUKEGAN TIRE & SUPPLY CO, INC 8,681.10,WEISSMAN'S DESIGNS FOR DANCE 9,059.51,WELDING BY K & K, LLC 11,622.99,WELLS FARGO 5,114,410.00,WEST GROUP PAYMENT CENTER 3,139.53,WEST SIDE TRACTOR SALES CO 6,912.68,WESTSIDE MECHANICAL INC 155,414.94,WHIPPLE CONSULTING LLC. 36,864.00,WILLIAM BLAIR & COMPANY, LLC 8,648.00,WILSON NURSERIES, INC 10,852.50,WINDY CITY LIGHTS, INC. 7,000.70,WISS JANNEY ELSTNER ASSOC 77,331.66,WITMER PUBLIC SAFETY GROUP, INC 2,997.34,WRIGHT BENEFIT STRATEGIES INC 30,000.00,XEROX GOVERNMENT SYSTEMS LLC 13,045.00,ZION LANDFILL T1 341,337.84,ZIVELO, INC 8,916.00,ZW USA, INC. 3,028.98 TOTAL VENDORS $37,254,532.06 23 SUMMARY STATEMENT OF CONDITION Discretely Presented Special Capital Debt Internal Component General Revenue Projects Service Enterprise Service Fiduciary Unit Revenues 33,492,065$ 11,336,754$ 2,194,709$ 2,369,319$ 11,551,194$ 8,907,401$ 53,904$ 4,094,863$ Expenditures (28,714,640) (12,455,314) (4,332,941) (2,885,695) (12,678,459) (8,611,583) (43,340) (3,658,879) Excess of Revenues Over (Under) Expenditures 4,777,425 (1,118,560) (2,138,232) (516,376) (1,127,265) 295,818 10,564 435,984 Transfers In 57,162 524,989 782,415 655,519 166,000 - Transfers Out (1,933,258) (166,000) (57,162) (32,415) - - Debt issuance - - installment contract - Bond Proceeds - - - - Other 5,720 18,333 - Net Increase (Decease) in Fund Balance 2,901,329 (753,851) (1,394,646) 106,728 (961,265) 295,818 10,564 435,984 Previous Year Fund Balance 17,614,960 10,343,427 5,534,240 1,698,874 9,721,919 6,352,563 510,999 1,395,134 Other - - - - - - - - Current Year Ending Fund Balance 20,516,289$ 9,589,576$ 4,139,594$ 1,805,602$ 8,760,654$ 6,648,381$ 521,563$ 1,831,118$ Total Debt Outstanding Beginning of Issued Current Retired Current Outstanding Year Fiscal Year Fiscal Year End of Year 55,097,196$ - 3,470,436 51,626,760$ Subscribed and sworn to this 19th of October, 2015 /s Elizabeth A. Holleb, City Treasurer I, Robert R. Kiely, Jr, City Clerk of The City of Lake Forest, Lake County, Illinois, do hereby certify that the above is a true copy of the Annual Treasurer's Report for the fiscal year ending April 30, 2015 /s Robert R. Kiely, Jr., City Clerk 24 CITY OF LAKE FOREST RESOLUTION AUTHORIZING DISSOLUTION OF THE CONSOLIDATED IMRF EMPLOYER ACCOUNT FOR CITY AND SCHOOL DISTRICT 67 AND AUTHORIZING ESTABLISHMENT OF SEPARATE ACCOUNTS RESOLUTION NO. ______ WHEREAS, the City of Lake Forest and Lake Forest School District #67 have previously been included in the same employer plan by the Illinois Municipal Retirement Fund (IMRF); and WHEREAS, the City and School District #67 have engaged the services of IMRF’s actuary to analyze the financial implications of a dissolution of the combined plan and creation of two separate IMRF employer accounts; and WHEREAS, the actuarial analysis has indicated that the dissolution would have no significant negative consequences to either entity; and WHEREAS, the dissolution and establishment of separate employer accounts will have several positive impacts such as improved financial disclosures and autonomy in making elections under IMRF without impacting the other entity; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve such dissolution. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Manager are authorized to execute any documents required by the Illinois Municipal Retirement Fund to accomplish dissolution of the current combined employer account and establishment of separate City and School District 67 accounts. BE IT FURTHER RESOLVED that the Mayor and City Council of the City of Lake Forest acknowledge that the following shall occur as part of the dissolution: 1) City shall retain current employer number (#03362) and a new employer number shall be established for the School District account. 2) Assets and liabilities shall be separated as shown in the actuarial analysis dated September 3, 2015 as of December 31, 2014, and adjusted for 2015 employee activity. 3) The effective date of the dissolution shall be December 31, 2015. 4) All member credits will be allocated according to the location member is employed. 5) Library employees will be included in the City account because the Library is a component unit of the City. 6) The employer contribution rate for 2016 will be as shown in the actuarial analysis dated September 3, 2015. This revised rate shall supersede the April 2015 preliminary rate for 2016 and any final rate for 2016, if published by IMRF prior to dissolution. 25 7) The City of Lake Forest is a charter city, and as such, the School District is an instrumentality of the City. In the event of the dissolution of the School District, the IMRF assets and liabilities of the School District will revert to the City. 8) This resolution shall be null and void if a similar resolution is not adopted by the School District #67 Board by November 10, 2015. Adopted this 19th day of October, 2015, by the City of Lake Forest, Illinois. _____________________________ MAYOR ATTEST: ___________________________ Deputy City Clerk 26 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, October 5, 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 Tack, Alderman Reisenberg, Alderman Adelman and Alderman Moreno. Absent: Alderman Pandaleon and Alderman Newman 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; Michael Thomas, Director of Public Works; James Held, Chief of Police; Karl Walldorf, Deputy Chief of Police; Jeff Howell, Fire Chief; Kevin Issel, Deputy Fire Chief; Numerous Firefighters/Paramedics and Police personnel; Joe Gabanski, Assistant Director, IT Division; Mike Strong, Assistant to the City Manager; Jim Lockefeer, Management Intern and Anne Whipple. There were approximately 50 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 that the Winter Club item will be tabled until the next City Council meeting. A. Resolution of Appreciation for Employee Kevin Issel Mayor Schoenheider read the Resolution. Deputy Chief Issel thanked the Council for being able to work in an amazing City. Mayor Schoenheider thanked Deputy Chief Issel for his dedication on behalf of the citizens of Lake Forest. COUNCIL ACTION: Approve the Resolution Alderman Moreno made a motion to approve the Resolution, seconded by Alderman Tack. Motion carried unanimously by voice vote. B. Proclamation of Harvey Cain Day, October 9, 2015 -Phil Hood, Lake Forest College Representative 27 Proceedings of the October 5, 2015 Regular City Council Meeting Mayor Schoenheider read the Proclamation. Phil Hood accepted on behalf of Lake Forest College. Mr. Hood reviewed the upcoming schedule planned for Homecoming and the special events schedules for Mr. Cain and thanked the Council for their support. COMMENTS BY CITY MANAGER No report. 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 Alderman Waldeck, Chairman of the Public Works Committee, gave a brief recap of the timeline of the Regency Lane Sanitary Improvement project, which included the endorsement of the Public Works Committee. The City Council had a discussion regarding the difference with this Ordinance and the proposing Ordinance for the Special Service Area from their August 3 City Council meeting. 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 the ordinance (page 19) establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project. Alderman Reisenberg made a motion to approve first reading for the ordinance establishing The City of Lake Forest Special Service Area No. 40, Regency Lane Area Sanitary Improvement Project, seconded by Alderman Beidler. Motion carried unanimously by voice vote. B. Award of Construction Contracts and an Engineering Oversight Agreement for the Regency Lane Area Sanitary Sewer Improvement Project Alderman Waldeck, Chairman of the Public Works Committee, reported that The City of Lake Forest received three bids and they all came back at a higher cost than the Engineer Consulatnat expected. Ms. Waldeck stated that City Staff was able to work with the bidder and reduce the cost by working directly with the landscapers and Peter Baker. The City Council had discussion regarding the timeline of the project and the risk in awarding contracts when the objection period for the SSA is still open. City Attorney Vic Filippini reported that the Public Works Committee schedule is based on two assessments; 1. The City Council approves the final reading of the Ordinance establishing the SSA 28 Proceedings of the October 5, 2015 Regular City Council Meeting and 2. There is no motion to object to the SSA. Mr. Filippini added that the costs incurred would most likely be for material that the Public Works department could reuse. 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: 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. Alderman Reisenberg made a motion for approval of the following Regency Lane Area Sanitary Sewer Improvement Project contracts: Base contract to R.A. Mancini in the amount of $665,727, Perez Landscaping in the amount of $6,720, Peter Baker & Sons in the amount of $46,142, 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, and GeWalt Hamilton for engineering oversight in the amount of $35,000, seconded by Alderman Beidler . The following voted “Yea”: Aldermen Waldeck, Beidler, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. 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. Alderman Waldeck, Chairman of the Public Works Committee, reported that The City of Lake Forest received an ITEP Grant for 2 million dollars and the next steps moving forward will include input from the Historic Preservation Commission and the Historical Society and are endorsed by the Public Works Committee. Mark Brode and Bill Epp spoke to their credentials in working with IDOT and on their restoration work of historic train stations. Chairman Waldeck discussed the three options for the City Council to consider, 1. Continue to fund the project solely through the ITEP grant, 2. Continue to fund the project through the ITEP grant and City funds and 3. To fund only through The City of Lake Forest. The City Council had discussion concerning the expenditure of $20,000 to move the timeline up by two months prior to approval. City Manager Robert Kiley stated that 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 and will keep residents from not being able to use the station during the winter months. 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. 29 Proceedings of the October 5, 2015 Regular City Council Meeting 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. Alderman Moreno made a motion to 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, and to 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, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Dave Mattoon, 1547 N. Sheridan Road, offered his opinion to the Council on Rail Safety, and the Historical Society repeat program on the 1857 Lake Forest Plan. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the September 8, 2015 City Council Meeting Minutes 2. Approval of the September 21, 2015 City Council Meeting Minutes 3. Check Register for Period August 29- September 25, 2015 4. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 5. Consideration of a Motion and an Ordinance Approving Recommendations from the Plan Commission and the Building Review Board for the Lake Forest 30 Proceedings of the October 5, 2015 Regular City Council Meeting Townhomes. (Approval of a Motion and First Reading of an Ordinance and if Desired by the City Council, Final Approval) 6. Consideration of an Ordinance Amending Sections 50 and 51 of the City Code Relating to Solid Waste and Water (Second Reading/Final Approval) COUNCIL ACTION: Approve the six (6) 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 amended, including waiver of first reading, 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 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) This item was tabled to a future City Council meeting. 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. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT There being no further business. Alderman Pandaleon made a motion to adjourn, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote at 7:22 p.m. Respectfully Submitted, 31 Proceedings of the October 5, 2015 Regular City Council Meeting 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. 32 33 34 Microsoft Licensing Renewal Options FY 15 Costs Office 365 Microsoft On Premise Microsoft Cloud Email Only Rackspace Google Staff Recommendation Features User Experience Overall Same Enhanced Same Same Same Enhanced Full Office on City Workstations Yes Yes Yes Yes Yes Yes Full Office on Tablets and Phones No Yes No Yes Yes Yes Archive On Premise Cloud On Premise Cloud Cloud Cloud Risk in Data Theft through Transmission Lower Greater Lower Greater Greater Greater Risk in Data Theft through Storage Greater Lower Greater Lower Lower Lower Guaranteed Uptime 99.0%99.9%99.0%99.9%100.0%99.9% Software Licensing Total (Annual) $ 76,496 $ 97,132 $ 81,551 $ 102,584 $ 112,862 $ 112,862 Hardware Total (Averaged Annual) $ 13,537 $ - $ 13,537 $ - $ - $ - Email Admin. Staff Time (Annual Est.) $ 8,658 $ 1,924 $ 8,658 $ 4,810 $ 2,886 $ 3,848 GRAND OPERATING TOTAL (Yr 1) $ 98,691 $ 99,056 $ 103,746 $ 107,394 $ 115,748 $ 116,710 FY16-18 Total % Difference from FY15 0%5%9%17%18% Professional Services Total (Yr 1) $ 42,000.00 $ 21,500.00 $ 17,000.00 $ 11,000.00 $ 15,000.00 *Chart includes software licensing, hardware, estimated administration, and professional services for implementation $1,223,344 $1,209,724 $1,128,429 $1,105,609 $1,068,054 $- $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 9 Yr 10 Google RackSpace Microsoft Cloud Email Only Microsoft On Premise Office 365 35 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 for sanitary sewer services; and WHEREAS, based on the request of the Petitioners and the Findings hereinafter set forth in this Ordinance, the City desires to establish a special service area (the “Regency Lane Area Sanitary SSA”) to improve sanitary sewer service for the area legally described in Exhibit A attached to and, by this reference, made part of this Ordinance (“Subject Territory”); and WHEREAS, the City Council of the City has determined that it is in the best interest of the residents of Subject Territory and the City to establish a special service area pursuant to the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (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 SSA Law, 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. 36 2 (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 Regency Lane Area Sanitary SSA. (b) The question of proposing the Regency Lane Area Sanitary SSA 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 Regency Lane Area Sanitary SSA is to provide sanitary sewer service to the Subject Territory in the nature of constructing a new sanitary sewer to provide the Subject Territory with a safe and adequate sanitary sewer (“Special Services”). The establishment of the Regency Lane Area Sanitary 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 Subject Territory. 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 a Certificate of Service of Notice by Mail are attached hereto and, by this reference, incorporated herein and made part hereof as Exhibits B and C, respectively. Said notices substantially conform in all aspects to the requirements of the SSA Law. 37 3 (c) At the public hearing on August 17, 2015, all interested persons were given an opportunity to be heard on the establishment of the Regency Lane Area Sanitary SSA and on the questions of: (i) providing the Special Services; and (ii) the imposition of a tax pursuant to a special tax roll in connection with the proposed Regency Lane Area Sanitary SSA, which special tax roll would allocate taxes equally among developable lots within the Subject Territory as more fully described herein over a period not exceeding 20 years, for purposes of producing sufficient revenues to provide the Special Services to the Subject Territory. (d) As provided in Section 27-55 of the SSA Law, if a petition is signed by 51 percent of the electors residing within the proposed Regency Lane Area Sanitary SSA and at least 51 percent of the owners of record of property within the proposed Regency Lane Area Sanitary SSA is filed with the City Clerk within sixty days following the adjournment of the public hearing, objecting to the establishment of the Regency Lane Area Sanitary SSA, then the Regency Lane Area Sanitary SSA shall not be established. No such objection has 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 Sanitary 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 Subject Territory that said Regency Lane Area Sanitary SSA be established. (e) The Subject Territory is compact and contiguous as required by the SSA Law. (f) It is in the best interests of the City that the Regency Lane Area Sanitary SSA be created for the financing of the improvements needed to provide the Special Services 38 4 (the “Improvements”) within the Subject Territory 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 Regency Lane Area Sanitary SSA. (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 Sanitary SSA, which residents and owners will benefit specially from the Special Services. SECTION THREE: The City of Lake Forest Service Area No. 40 Established. The Regency Lane Area Sanitary SSA is hereby established and designated as “City of Lake Forest Special Service Area No. 40 (Regency Lane Area Sewer Improvement Project).” The Regency Lane Area Sanitary SSA shall consist of the contiguous Subject Territory, which is legally described in Exhibit A 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 Regency Lane Area Sanitary SSA 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 Sanitary 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 the Improvements (both Public 39 5 Improvements and Private Improvements) to be made within the Regency Lane Area Sanitary SSA 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 Regency Lane Area Sanitary SSA (the “Public Improvements”). Once complete, 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 40 6 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) Subject to the terms and provisions of this Section Five, a special tax roll is hereby authorized and established for the purpose of levying and collecting special service area taxes within the Regency Lane Area Sanitary SSA in a total annual amount not to exceed $58,900.00 (the “SSA Taxes”) for a period not to exceed twenty (20) years. (b) The SSA Taxes are to be equally apportioned among the developable lots within the Regency Lane Area Sanitary SSA. Based on the Subject Territory, and number of parcels located therein, the City has ascertained that the total number of developable lots currently located within the Subject Territory is 15 developable lots (the “SSA Tax Lots”), and that the maximum annual share of SSA Taxes for each of the SSA Tax Lots shall not exceed $3,926.67 (or a total amount of $78,533.40 over the 20-year levy period for the SSA Taxes). The SSA Taxes described in Section 5(a) will be payable within the Regency Lane Area Sanitary SSA pursuant to a special tax roll, as further described in Section 5(c) below (the “Special Tax Roll”). (c) Special Tax Roll. The SSA Taxes shall be levied each year for 20 years pursuant to the Special Tax Roll, which is attached hereto as Exhibit E and made a part hereof. The Mayor and City Council have determined that such Special Tax Roll, which allocates the annual SSA Taxes equally on a per SSA Tax Lot basis within the Subject Territory, is a fair and reasonable basis for allocating the SSA Taxes in light of the equal access that each SSA Tax Lot will have to the Special Services and the corresponding value to each such SSA 41 7 Tax Lot resulting from such access. The Special Tax Roll may be amended by the City Council pursuant to subsection 5(e) and 5(f) of this Ordinance without further public notice or hearing. (d) Termination. The City reserves the right to terminate work on the Public Improvements and Private Improvements for the Regency Lane Area Sanitary 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 necessary easements. Notwithstanding any such termination of work, the City may continue to levy SSA Taxes within the Regency Lane Area Sanitary SSA until such time as all expenses incurred and obligations undertaken in connection with the Special Services have been fully paid and satisfied. (e) Prepayment. Notwithstanding the provisions for levying annual SSA Taxes in this Ordinance, the City reserves the right to offer a prepayment option to the owners of the SSA Tax Lots on such terms as the City may establish. Any changes to the SSA Taxes or the SSA Tax Roll, pursuant to this subsection 5(e), shall not require the City to reimburse or redistribute any refunds or authorize the City to assess additional tax levies as a result of the number of SSA Tax Lots to which the SSA Tax Roll applies. Changes in the SSA Tax Roll pursuant to this Subsection 5(e) shall be made by ordinance of the City Council without the need for public notice or hearing, and any such amendment to the SSA Tax Roll shall not be deemed an amendment to the Regency Lane Area Sanitary SSA. (f) Changes in Subject Territory. Should the arrangement or number of lots in the Subject Territory change after the establishment of the Regency Lane Area Sanitary SSA and during the term of the SSA, the City Council shall have the authority to amend the Special Tax Roll, which amendment may result in a redistribution of the remaining SSA Tax obligations 42 8 among the revised number of SSA Tax Lots, and such redistribution shall be allocated equally among such revised number of SSA Tax Lots within the Subject Territory; provided, however, that any such redistribution shall not affect any SSA Tax Lots that have elected to prepay pursuant to subsection 5(e). Nothing in this Ordinance shall limit the City’s ability or authority to impose a special connection fee on new lots that seek to gain access to the Improvements for Special Services in lieu of amending the Special Tax Roll, and, in the event that a special connection fee is imposed, no adjustment to the Special Tax Roll shall be warranted. (g) Tax Levy Ordinance. Following the effective date of this Ordinance, the City Council may commence the levy of SSA Taxes upon the parcels within the Subject Territory based on the Special Tax Roll. The SSA Taxes shall continue to be levied annually based on the Special Tax Roll attached hereto as Exhibit E unless and until Exhibit E is amended in accordance with the terms of this Ordinance. SECTION SIX: Supersede Conflicting Ordinance. All ordinances or parts of ordinances relating to the Regency Lane Area Sanitary SSA that are 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: 43 9 ABSENT: ABSTAIN: APPROVED this 19th day of October, 2015. ______________________________ Mayor ATTEST: ______________________________________ City Clerk 44 10 EXHIBIT A 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 45 11 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- 30-201-001, 12-30-201-002, 12-30-201-003, 12-30-201-004, 12-30-201-005, 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, 12-30-201-018, 12- 30-201-021 (with 12-30-201-022), and 12-30-201-023 46 12 EXHIBIT B CERTIFICATE OF PUBLICATION NOTICE 47 13 EXHIBIT C CERTIFICATE OF SERVICE BY MAIL I, _______________________________, hereby certify that I have served a copy of the 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 1, upon the persons identified at the addresses set forth on Exhibit 2 attached hereto, 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 48 14 49 15 EXHIBIT D MAP 50 16 EXHIBIT E SPECIAL TAX ROLL Dated October 19, 2015 51 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, based on the request of the Petitioners and the Findings hereinafter set forth in this Ordinance, the City desires to establish Special Servicea special service area (the “Regency Lane Area No. 40Sanitary SSA”) 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 LawSubject Territory”); and WHEREAS, the City Council of the City has determined that it is in the best interest of the residents of SSA No. 40Subject Territory and the City to establish a special service area pursuant to the SSAIllinois Special Service Area Tax Law, 35 ILCS 200/27-5, et seq. (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”),SSA Law, 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. Formatted: Font: Bold, Italic Formatted: Space After: 0 pt 52 2 (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. 40Regency Lane Area Sanitary SSA. (b) The question of establishment ofproposing the areaRegency Lane Area Sanitary SSA 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 SSASubject Territory in the nature of constructing a new sanitary sewer to provide the AreaSubject Territory with a safe and adequate sanitary sewer (“Special Services”). The establishment of the Regency Lane Area Sanitary 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.Subject Territory. 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 Affidavita Certificate of MailingService of Notice by Mail are attached hereto and, by this reference, incorporated herein and made part hereof as Exhibits AB and BC, respectively. Said notices substantially conform in all aspects to the requirements of the SSA Law. Formatted: Indent: Left: 0", First line: 1", No widow/orphan control 53 3 (c) At the public hearing on August 17, 2015, all interested persons were given an opportunity to be heard on the questionestablishment of the creation of the special service areaRegency Lane Area Sanitary SSA and on the question ofquestions of: (i) providing the Special Services; and (ii) the imposition of a tax pursuant to a special tax roll in connection with the proposed special service areaRegency Lane Area Sanitary SSA, which special tax roll would allocate taxes equally among developable lots within the Subject Territory as more fully described herein over a period not exceeding 20 years, for purposes of producing sufficient to produce revenues to provide the Special Services to the Regency Lane Area SSASubject Territory. (d) As provided in Section 27-55 of the ActSSA Law, if a petition is signed by 51 percent of the electors residing within the proposed SSA No. 40Regency Lane Area Sanitary SSA and at least 51 percent of the owners of record of property within the proposed SSA No. 40Regency Lane Area Sanitary SSA is filed with the City Clerk within sixty days following the adjournment of the public hearing, objecting to the establishment of the Regency Lane Area Sanitary SSA No. 40, then the Regency Lane Area Sanitary SSA No. 40 shall not be established. SaidNo such 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 Sanitary 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,Subject Territory that said Regency Lane Area Sanitary SSA be established. 54 4 (e) The territory within the special service areaSubject Territory is compact and contiguous as required by the SSA Law. (f) It is in the best interests of the City that the Regency Lane Area Sanitary SSA be created for the financing of the improvements needed to provide the Special Services (the “Improvements”) within the AreaSubject Territory 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%.Regency Lane Area Sanitary SSA. (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 Sanitary SSA, which residents and owners will benefit specially from the special servicesSpecial Services. SECTION THREE: The City of Lake Forest Service Area No. 40 Established. A Special ServiceThe Regency Lane Area No. 40 to be knownSanitary SSA is hereby established and designated as “City of Lake Forest Special Service Area No. 40 (Regency Lane Area Sewer Improvement Project)” is hereby established and).” The Regency Lane Area Sanitary SSA shall consist of the contiguous territory Subject Territory, which is legally described in Exhibit CA 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 ServiceRegency Lane Area No. 40Sanitary SSA 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 Formatted: Font: Bold, Italic 55 5 safe and adequate sanitary sewer to the properties within the special service area. Specifically, the Regency Lane Area Sanitary 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 the Improvements (both Public Improvements and Private Improvements) to be made within the Subject TerritoryRegency Lane Area Sanitary SSA 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 TerritoryRegency Lane Area Sanitary SSA (the “Public Improvements”). Once complete, 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 Formatted: Indent: Left: 0", First line: 1", Space After: 0 pt 56 6 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) Subject to the terms and provisions of this Section Five, a special tax roll is hereby authorized and established for the purpose of levying and collecting special service area taxes within the Regency Lane Area Sanitary SSA in a total annual amount not to exceed $58,900.00 (the “SSA Taxes”) for a period not to exceed twenty (20) years. (b) The SSA Taxes are to be equally apportioned among the developable lots within the Regency Lane Area Sanitary SSA. Based on the Subject Territory, and number of parcels located therein, the City has ascertained that the total number of developable lots currently located within the Subject Territory is 15 developable lots (the “SSA Tax Lots”), and that 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 share of SSA Taxes for each of the SSA Tax Lots shall not exceed $3,926.67 (or $79,000 collectively, which payments may not continuea total amount of $78,533.40 over the 20-year levy period for more than 20 years.the SSA Taxes). The taxesSSA Taxes described in this Section 5(a) 57 7 will be payable within the Regency Lane Area Sanitary SSA pursuant to a special tax roll, as further described in Section 5(bc) below. Any changes to the Subject Territory (the “Special Tax Roll”). (a) Special Tax Roll. The SSA Taxes shall be modifiedlevied each year for 20 years pursuant to Section 5(f) below. (b)(c) Special Tax Roll. The SSA taxes that may be imposed pursuant to Section 5(a) will be payable pursuant to a special tax roll (the Special Tax Roll, which is attached hereto as Exhibit E). The special tax roll will allocate annual SSA taxes equally on a per lot basis among the lots within the Subject Territory. and made a part hereof. The Mayor and City Council have determined that such special tax rollSpecial Tax Roll, which allocates the annual SSA Taxes equally on a per SSA Tax Lot basis within the Subject Territory, is a fair and reasonable basis for allocating the SSA taxesTaxes in light of the equal access that each residence within the Subject TerritorySSA Tax Lot will have to the Special Services and the corresponding value to each residentssuch SSA Tax Lot resulting from such access. The Special Tax Roll may be amended by the City Council pursuant to subsection 5(d) and 5(e).e) and 5(f) of this Ordinance without further public notice or hearing. (c)(d) Termination. The City reserves the right to terminate work on the Public Improvements and Private Improvements for the Regency Lane Area Sanitary 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 necessary easements. Notwithstanding any such termination of work, the City may continue to levy SSA taxesTaxes within the Regency Lane Area Sanitary SSA until such time Formatted: Indent: Left: 0", First line: 1", No widow/orphan control 58 8 as all expenses incurred and obligations undertaken in connection with the Special Services have been fully paid and satisfied. (d)(e) Prepayment. Notwithstanding the provisions for levying annual SSA taxesTaxes in this Ordinance, the City reserves the right to offer a prepayment option to the Lot owners withinof the Subject TerritorySSA Tax Lots on such terms as the City may establish. Any changes to the Regency Lane Area SSA taxTaxes or the SSA Tax Roll, pursuant to this subsection 5(e), shall not require the City to reimburse or redistribute any refunds or authorize the City to assess additional tax levies as a result of the number of lots that existSSA Tax Lots to which the SSA Tax Roll applies. Changes in the Subject TerritorySSA Tax Roll pursuant to this Subsection 5(e) shall be made by ordinance of the City Council without the need for public notice or hearing, and any such amendment to the SSA Tax Roll shall not be deemed an amendment to the Regency Lane Area Sanitary SSA. (e)(f) Changes in Subject Territory. Should the arrangement or number of lots in the Subject Territory change after the establishment of this Ordinance the Regency Lane Area Sanitary SSA and during the term of the SSA, the special tax rollCity Council shall be amendedhave the authority to redistributeamend the Special Tax Roll, which amendment may result in a redistribution of the remaining SSA Tax obligations among the revised number of SSA Tax Lots, and such redistribution shall be allocated equally to all lots in among such revised number of SSA Tax Lots within the Subject Territory; provided, however, that any such redistribution shall not affect any SSA Tax Lots that have elected not to prepay pursuant to subsection 5(d).e). Nothing in this Ordinance shall limit the City’s ability or authority to impose a special connection fee on new lots that seek to gain access to the Improvements for Special 59 9 Services in lieu of amending the Special Tax Roll, and, in the event that a special connection fee is imposed, no adjustment to the Special Tax Roll shall be warranted. (f)(g) Tax Levy Ordinance. Following the effective date of this Ordinance, the City Council may commence the levy of taxesSSA Taxes upon the parcels within the Subject Territory based on the Special Tax Roll. The SSA Taxes shall continue to be levied annually based on the Special Tax Roll attached hereto as Exhibit E unless and until Exhibit E is amended in accordance with the terms of this Ordinance. SECTION SIX: Supersede Conflicting Ordinance. All ordinances or parts of ordinances relating to the Regency Lane Area Sanitary SSA that are 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 Thethe 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: 60 10 ______________________________________ City Clerk 61 11 EXHIBIT A CERTIFICATE OF PUBLICATION NOTICE 62 12 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 Formatted: No underline 63 13 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 64 14 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- 30-201-001, 12-30-201-002, 12-30-201-003, 12-30-201-004, 12-30-201-005, 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, 12-30-201-005018, 12-30-201-014,021 (with 12-30-201-018,022), and 12-30-201-019023 Formatted: Justified, Don't add space between paragraphs of the same style, Line spacing: single, Hyphenate Formatted: Font: Times New Roman, Font color: Black 65 15 EXHIBIT B CERTIFICATE OF PUBLICATION NOTICE Formatted: No underline 66 16 EXHIBIT C CERTIFICATE OF SERVICE BY MAIL I, _______________________________, hereby certify that I have served a copy of the 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 1, upon the persons identified at the addresses set forth on Exhibit 2 attached hereto, 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 67 17 68 18 EXHIBIT D MAP 69 19 EXHIBIT E SPECIAL TAX ROLL Dated October 19, 2015 70 PRELIMINARY Address/PIN 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1 12-19-300-002 1590 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 2 12-19-405-003 0 Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3 12-19-405-005 0 Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 4 12-19-405-006 0 Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 5 12-30-100-003 1570 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 6 12-30-200-001 1566 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 7 12-30-200-003 1540 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 8 12-30-201-001 1200 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 9 12-30-201-002 1160 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 10 12-30-201-003 1120 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 11 12-30-201-004 1100 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 12 12-30-201-005 1504 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 13 12-30-201-021 1500 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 14 12-30-201-018 1502 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 15 12-30-201-023 1500 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 (continued) LEVY YEAR (in $) THE CITY OF LAKE FOREST, ILLINOIS Special Service Area No. 40 (Regency Lane Sanitary Sewer System) - Special Tax Roll (Includes annual principal and interest) 71 THE CITY OF LAKE FOREST, ILLINOIS Special Service Area No. 40 (Regency Lane Sanitary Sewer System) - Special Tax Roll (Includes annual principal and interest) PRELIMINARY Address/PIN 2026 2027 2028 2029 2030 2031 2032 2033 2034 TOTAL 1 12-19-300-002 1590 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 2 12-19-405-003 0 Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 3 12-19-405-005 0 Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 4 12-19-405-006 0 Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 5 12-30-100-003 1570 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 6 12-30-200-001 1566 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 7 12-30-200-003 1540 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 8 12-30-201-001 1200 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 9 12-30-201-002 1160 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 10 12-30-201-003 1120 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 11 12-30-201-004 1100 Regency Lane 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 12 12-30-201-005 1504 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 13 12-30-201-021 1500 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 14 12-30-201-018 1502 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 15 12-30-201-023 1500 N. Waukegan Road 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 3,926.67 78,533.40 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 58,900.05 1,178,001.00 LEVY YEAR (in $) 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2015-___ AN ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE RELATING TO GENERAL PROVISIONS 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 10 of the City Code; and WHEREAS, the Panel determined changing Section 10.11 to reflect the City Council’s ordinance upon adopting the City Code and adding a new Section 10.14 to clarify the City’s official address for serving all legal notices would serve the best interests of the City and its residents; 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 10, “General Provisions,” of the City Code 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. 108 2 SECTION TWO: Amendment to Section 10.11. Section 10.11, entitled “Ordinance Repealed,” of Chapter 10, entitled “General Provisions,” of the City Code is hereby amended in its entirety, so that said Section 10.11 shall hereafter be and read as follows: SEC. 10.11 ORDINANCE REPEALED. This code, from and after its effective date, shall contain all of the provisions of a general nature of the city pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code, and adopted prior to the adoption of this code, shall be deemed repealed from and after the effective date of this code of ordinances; provided, however, that: (A) nothing contained herein shall affect any rights, actions or causes of action which shall have accrued to the city prior to the effective date of this code.; (B) All all prior ordinances adopted after the adoption of this code, but prior to the effective date of this code shall not be deemed repealed by the adoption of this code, and shall be construed and take effect as amendments of this code; and (C) notwithstanding any other provision in this Section 10.11, to the extent that the City finds or determines that the City Code of Lake Forest (2013) inadvertently omitted or erroneously incorporated the terms of specific ordinances previously adopted by the City Council, the City Council may re-adopt any such ordinance inadvertently omitted or erroneously incorporated, and upon such re-adoption the specific ordinance as originally approved will relate back to its original adoption. SECTION THREE: Amendment to Chapter 10. Chapter 10, Chapter 10, entitled “General Provisions,” of the City Code is hereby amended by adding a new Section 10.14, to be entitled “Official Address,” which new Section 10.14 shall hereafter be and read as follows: SEC. 10.14 OFFICIAL ADDRESS. With respect to all official business of the City, the City’s address is 220 East Deerpath, Lake Forest, Illinois 60045 (the “Official City Address”). Whenever the City, or any of its subordinate boards, commissions, or other public bodies, is to be provided notice or is to be served with documents in any legal proceeding or pursuant to State or federal statute, 109 3 unless the City has otherwise expressly agreed in writing, such notice or service may only be accomplished by delivery to the Official City Address. Whenever any officer, official, or employee of the City is to be provided notice or is to be served with documents in any legal proceeding or pursuant to State or federal statute relating to the official duties of such officer, official, or employee, such notice or service may only be accomplished by delivery to the Official City Address. SECTION FOUR: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2015 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2015 Mayor ATTEST: Deputy City Clerk 110 CHAPTER 11: CITY ADMINISTRATIVE HEARING SYSTEM Section 11.01 Purpose 11.02 Establishment of administrative hearing system 11.03 Hearing procedures non-exclusive 11.04 Administrative composition 11.05 Hearing Officer 11.06 Code Enforcement Administrator 11.07 Violation notice 11.08 Service 11.09 Hearings 11.10 Liability for failure to appear at hearing 11.11 Nonresident procedures 11.12 Certified report and contesting certified report 11.13 Judicial review 11.14 Debt to city 11.15 Enforcement of judgments 11.16 Schedule of fines/penalties 11.17 Administrative costs and interest charges Cross-reference: General penalty, see § 10.99 § 11.01 PURPOSE. The purpose of this chapter is to provide for the fair and efficient enforcement of the city ordinances delineated in this chapter through an administrative adjudication process and by establishing a schedule of fines and penalties. (Ord. 2008-11, passed 4-24-2008) § 11.02 ESTABLISHMENT OF ADMINISTRATIVE HEARING SYSTEM. There is hereby established and created within the city a Code Hearing Unit (as more fully described in § 11.04) that will administer an administrative hearing system to enforce and adjudicate violations (“violations”) of the following chapters of the city code, as amended from time to time (the “code”), and all subchapters within such chapters, as the same have been, and may from time to time hereafter be, amended: (A) Title VII, Traffic (except for moving violations under this chapter); (B) Chapter 75, Bicycles (B) Chapter 91, Animals and Fowl; (C) Chapter 94, Fire Prevention; Comment [LC1]: To allow for new diversion program. May have to list individually since it is in the Traffic section. 111 (D) Sections 95.001, 95.110 through 95.112, 95.125 through 95.133, 95.145 through 95.147, 95.160, 95.161 and 95.195; 95.175 through 95.180 (E) Chapter 111, Alcoholic Beverages; (F) Chapter 117, Peddlers, Solicitors and Canvassers; (G) Title XIII, General Offenses; (H) Chapter 150, Buildings; and (I) Such other city ordinances and code provisions as the City Council may, from time to time, designate in accordance with applicable law. (Ord. 2008-11, passed 4-24-2008; Ord. 2009-24, passed 7-20-2009) § 11.03 HEARING PROCEDURES NON-EXCLUSIVE. The provisions of this chapter shall not preclude the city from using other methods or proceedings to enforce and adjudicate the code or other ordinances of the city, including, without limitation, the institution of an action in the Lake County Circuit Court, the United States District Court or any administrative proceeding. (Ord. 2008-11, passed 4-24-2008) § 11.04 ADMINISTRATIVE COMPOSITION. The Code Hearing Unit consists of one or more Hearing Officers (as further described in § 11.05), one or more Code Enforcement Administrators (as further described in § 11.06), and necessary or appropriate hearing room personnel, all with the power, authority and limitations as set forth in this chapter. (Ord. 2008-11, passed 4-24-2008) § 11.05 HEARING OFFICER. (A) Appointment. The Mayor, with the advice and consent of the City Council, has the authority to appoint one or more qualified Hearing Officers to perform the functions set forth in this section. (B) Term. The term of a Hearing Officer will be one year; provided, however, that the City Council may remove a Hearing Officer, with or without cause. (C) Qualifications. To qualify as a Hearing Officer, an individual must: (1) Be an attorney licensed to practice law in the state for at least three years; (2) Be in good standing with the State Supreme Court Attorney Registration and Disciplinary Commission; and (3) Complete a formal training program conducted by the City Manager and the City Attorney consisting of: Comment [LC2]: Smoking in public places 112 (a) Instruction on the rules of procedure for administrative hearings; (b) Orientation to each subject area of the code that will be adjudicated; (c) Observation of hearings conducted by state municipalities that have adopted the administrative hearing system; and (d) Participation in hypothetical hearings, including ruling on evidence and issuance of final orders. (D) Compensation. Compensation for a Hearing Officer will be authorized by the City Council through the city’s annual budget process. The City Manager thereafter is authorized to establish specific compensation levels for individual Hearing Officers within approved budget limitations. (E) Authority and jurisdiction. Hearing Officers are hereby authorized, empowered and directed to: (1) Hear testimony and accept evidence that is relevant to the allegation of a violation; (2) Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing (as provided for in § 11.09), upon the request of the parties or their representatives; (3) Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing; (4) Issue a determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The Hearing Officer’s determination must be in writing and must include a written finding of fact, decision and order, including any corrective measures, the fine, penalty and interest charges, or other action with which the defendant must comply; (5) Impose penalties consistent with applicable code provisions, order the defendant to obtain a compliance bond and require the defendant to take corrective measures to cure the violation upon finding a defendant liable for the charged violation, except as expressly provided in this chapter; (6) Impose administrative costs in an amount not less than the minimum amount set by the City Council in a resolution adopted pursuant to § 11.17, upon finding a defendant liable for the charged violation. The Hearing Officer does not have authority to waive, or impose an amount less than, the minimum amount set by the City Council; provided, however, that the Hearing Officer may waive administrative costs or impose an amount less than the minimum amount set by the City Council for adjudged violations of Chapter 73 of the code; (7) Impose interest charges not less than the minimum amount set by the City Council in a resolution adopted pursuant to § 11.17, if a defendant fails to pay the penalty, fine or administrative costs set by the Hearing Officer on the day of the hearing; provided, however, that the Hearing Officer shall have no authority to waive, or impose interest charges in an amount less than, the minimum interest charges set by the City Council; (8) Postpone or continue a defendant’s hearing to a later hearing date; (9) Impose, when applicable, enforcement expenses pursuant to § 11.15(D); (10) Ask questions of parties and witnesses; and Comment [LC3]: grammar Comment [LC4]: grammar 113 (11) Order, regardless of fines imposed or costs assessed, the defendant to perform a term of community service. (Ord. 2008-11, passed 4-24-2008) § 11.06 CODE ENFORCEMENT ADMINISTRATOR. (A) Appointment. The City Manager will appoint one or more Code Enforcement Administrators to perform the functions set forth in this section. The Code Enforcement Administrator may be an employee of the city or may be an independent contractor or agency contracted by the City Manager and will be compensated in an amount, as determined by the City Manager. (B) Authority and jurisdiction. The Code Enforcement Administrator is hereby authorized, empowered and directed to: (1) Promulgate rules and regulations reasonably required to manage the administrative hearing system; (2) Adopt, distribute and process all notices as may be required under this chapter, or as may reasonably be required to carry out the purpose of this chapter; (3) Collect payments made as a result of fines and/or penalties assessed and transmit such payments to the Director of Finance; (4) Certify reports to the Illinois Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter and those of 625 ILCS 5/6- 306.5; (5) Refer to the Director of Finance the collection of unpaid fines and penalties, which may be pursued through private collection agencies that the city may retain or by filing complaints in the Lake County Circuit Court; or select or appoint an individual or agency to act on behalf of the city in filing complaints, seeking judgments for unpaid fines or penalties and pursuing all post-judgment remedies available under current law; (6) Certify copies of findings, decisions and orders adjudicated pursuant to this chapter, and any factual reports verifying the findings, decisions and orders that are issued in accordance with this chapter or the laws of the state; (7) Oversee the operation and maintenance of the computer programs for the administrative hearing system, including, without limitation: (a) Inputting information for the violation notice (as provided for in § 11.07); (b) Establishing hearing dates and notice dates; (c) Recording fine and penalty assessment and payments; (d) Issuing payment receipts; (e) Issuing notices of hearing dates, notices of default, final notices, such other notices as may be necessary to implement the administrative hearing system and final notices; and 114 (f) Keeping accurate records of appearances and nonappearances at hearings, pleas entered, fines and other penalties assessed and paid. (8) Postpone or continue a defendant’s hearing to a later hearing date, if such request is made prior to the first scheduled hearing date. Such a determination is within the sole discretion of the Code Enforcement Administrator. (Ord. 2008-11, passed 4-24-2008) § 11.07 VIOLATION NOTICE. (A) A notice of any violation (“violation notice”) will be issued by the persons authorized under this chapter, must contain information as to the nature of the violation, shall be certified, and will constitute prima facie evidence of the violation cited. (B) All full-time, part-time and auxiliary police officers, as well as other individuals holding positions in any department of the city and specifically authorized by the City Manager pursuant to an administrative order, have the authority to issue violation notices. (C) Any individual authorized to issue violation notices who detects a violation is authorized to issue a violation notice and thereafter to serve the violation notice in the manner set forth in this section. (D) For violations of Chapter 73 of the code and for violations of any chapter of the code that has a penalty provision that permits the prepayment of fines, an individual authorized by the City Manager shall issue an initial ticket in compliance with the most current policies and procedures of the ticket issuer’s city department (the “initial ticket”). In lieu of paying the fine provided in the initial ticket, the defendant may request a hearing. If the defendant requests a hearing, then the city department shall issue a violation notice to the defendant in accordance with § 11.08, containing the information required by division (E) below. (E) A violation notice must contain at least the following information: (1) The date, time and location of the alleged violation; (2) The name and address of the defendant, if known; (3) The type and nature of the alleged violation; (4) The signature of the person issuing the violation notice; (5) The date, time and location of the hearing; (6) The legal authority and jurisdiction under which the hearing is to be held; and (7) The penalties for failure to appear at the hearing. (Ord. 2008-11, passed 4-24-2008) § 11.08 SERVICE. (A) Service of a violation notice is required to be made as follows: (1) Handing the notice to the person responsible for the violation or handing it to his or her employee or agent; 115 (2) Leaving the notice with any person 13 years of age or older at the residence of the responsible person, and informing that person of the contents of the summons, provided the person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode; (3) Service on corporations or partnerships must be in accordance with the Illinois Code of Civil Procedure (735 ILCS 5/2-201 et seq.); (4) Mailing the notice by certified mail, return receipt requested, to the last known address of record of the individual/entity or his, her or its registered agent; or (5) Posting the notice upon the property where the violation is found when the person alleged to have committed the violation is the owner, manager or tenant of the property, and serving the owner/manager or agent therefor. (B) The correctness of facts contained in any violation notice is to be certified as follows: (1) By the person issuing the notice through signing his or her name to the notice at the time of issuance; or (2) In the case of a notice produced by a computer device, by signing a single certificate to be kept by the Code Enforcement Administrator, attesting to the correctness of all notices produced by the device while under his or her control. (C) The Code Enforcement Administrator will retain the original or a facsimile of the violation notice and keep it as a record in the ordinary course of business. (D) The violation notice or a copy thereof is admissible in any subsequent administrative or judicial proceeding to the extent permitted by law. (Ord. 2008-11, passed 4-24-2008) § 11.09 HEARINGS. All hearings conducted under the administrative hearing system will be conducted by a Hearing Officer in accordance with the following rules and procedures. (A) The date, time and place will be set forth in the violation notice, or such additional notices issued in accordance with this chapter, provided that for hearings scheduled in all non- emergency situations, if requested by the defendant, the defendant will have at least 15 days after service of process to prepare for a hearing. For purposes of this division (A), NON- EMERGENCY SITUATION means any situation that does not reasonably constitute a threat to the public interest, safety, health or welfare. If service is provided by mail, the 15-day period begins to run on the date that the notice is deposited in the mail. (B) The hearings will be recorded, digitally or in analog format or by other means. (C) The parties may be represented by counsel, present witnesses and cross-examine opposing witnesses. (D) Parties may request the Hearing Officer to issue, and the Hearing Officer has the authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents. 116 (E) The formal and technical rules of evidence will not apply. Evidence, including hearsay, may be admitted, but only if it is of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs. (F) Each hearing will culminate in a written determination of liability or nonliability by the Hearing Officer, or a determination of liability based upon the failure of the defendant to appear at the scheduled hearing, whichever occurs first. Upon issuance, the written determination of liability must either be personally delivered to the defendant at the time of hearing, or be mailed to the defendant via first class mail, postage prepaid, addressed to the defendant’s last known residence or place of business. (G) (1) Pursuant and subject to the limitations set forth in § 11.05(E)(5) and (E)(7), the Hearing Officer, upon a determination of liability, has the discretion to assess fines and penalties in accordance with the code, assess interest charges for late payments and order the defendant to undertake corrective actions to remedy the violation. In addition, pursuant and subject to the limitations set forth in § 11.05(E)(6), the Hearing Officer will assess administrative costs upon finding a defendant liable for the charged violation. (2) In no event does the Hearing Officer have authority to: (a) Impose a penalty of incarceration; or (b) Impose a fine in excess of $50,000 for a violation. (H) The maximum monetary fine imposed under this chapter is exclusive of administrative costs, costs of enforcement, interest charges for late payments or costs incurred by the city to secure compliance with the city’s code and ordinances. The maximum monetary fine also does not apply to cases to enforce the collection of any tax imposed and collected by the city. (I) Hearing room personnel shall be designated and appointed by the city’s Chief of Police and are authorized and directed to: (1) Maintain hearing room decorum; (2) Execute authority as is granted to courtroom deputies of the Lake County Circuit Court; and (3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or the Code Enforcement Administrator. (Ord. 2008-11, passed 4-24-2008) § 11.10 LIABILITY FOR FAILURE TO APPEAR AT HEARING. 117 (A) Default. If at the time set for hearing, the defendant, or the defendant’s attorney or agent of record, fails to appear, and the hearing was neither postponed by the Code Enforcement Administrator, pursuant to his or her authority under § 11.06(B)(8), nor continued by the Hearing Officer pursuant to his or her authority under § 11.05(E)(8), the Hearing Officer may enter a finding of default within the findings or decision and order and impose liability against the defendant including the assessment of fines and administrative costs. A copy of the finding of default, which is a final determination, will be promptly served upon the defendant by first class mail, postage prepaid, addressed to the defendant at the defendant’s last known residence or place of business, to apprise the defendant of the procedure for setting aside the finding of default and to apprise the defendant of the opportunity to appeal the finding of default to the Lake County Circuit Court. (B) Set aside of default. A written petition to set aside a finding of default may be filed by a person owing an unpaid fine or penalty assessed for a violation, and will be considered, in accordance with the following procedures. (1) The petition must be filed with the Hearing Officer not later than 21 days from the date on which the finding of default was served, however, a defendant may file a petition to set aside the finding of default at any time if such defendant establishes that the city did not provide proper service of process. (2) The Hearing Officer will render a decision on a timely-filed set-aside petition after the date of receipt of the petition. (3) The grounds for setting aside a finding of default are limited to the following: (a) The person, against whom the finding of default is made, not being the owner or lessee of the cited vehicle or not being the owner, tenant or manager of the cited property on the date the violation notice was issued; (b) The person having paid the fine or penalty prior to the finding of default for the violation in question; (c) Excusable failure to appear at or request a new date for any hearing; and (d) The defendant establishes that the city did not provide proper service of process. (4) Should the finding of default be set aside, the Hearing Officer will notify the defendant by first class mail, postage prepaid, to the address set forth on the petition hereunder, and service thereof shall be complete on the date the notice is deposited in the United States mail; the notice will state that the finding of default has been set aside, as well as any administrative costs, and of the date, time, and place for a hearing on the merits of the violation for which the finding of default has been set aside. The Hearing Officer is authorized to enter an order extinguishing any lien that has been recorded for any debt due and owing the city as a result of the vacated finding of default. When a finding of default is vacated, the Hearing Officer will set a new date for a hearing on the underlying violation. (Ord. 2008-11, passed 4-24-2008) § 11.11 NONRESIDENT PROCEDURES. (A) Any nonresident of the city who has been served a violation notice for violation of any provision of Chapter 73 of the code may contest the alleged violation on its merits without 118 personally appearing at a hearing by: (1) Requesting and completing, in full, the nonresident request for hearing nonappearance form; (2) Acknowledging in the space specified in the form that his or her personal appearance is waived and submitting to an adjudication based upon the notarized statement filed by him or her and the facts contained in the violation notice; (4) Filing the form with the Code Enforcement Administrator postmarked by the twenty-fifth of the month, if the violation notice was issued between the first through the fifteenth day of that month; or postmarked by the tenth of the month, if the violation notice was issued between the sixteenth of and the last day of the immediately preceding month. The filing will be deemed completed if postmarked by the due dates herein specified; and (4) Filing a notarized statement of facts specifying the grounds for challenging the violation notice with the Code Enforcement Administrator in conjunction with the nonappearance form. (B) The Hearing Officer will make a decision based upon the facts set forth in the notarized statement of facts filed by the nonresident and as contained in the violation notice. (C) Notice of the determination of the Hearing Officer will be served upon the nonresident by first class mail, postage prepaid, addressed to the nonresident at the address set forth in the statement of facts submitted. (D) Service of the notice of such determination will be complete on the date the notice is deposited in the United States mail. (Ord. 2008-11, passed 4-24-2008) § 11.12 CERTIFIED REPORT AND CONTESTING CERTIFIED REPORT. (A) A notice of impending suspension of a person’s driver’s license will be sent to any person determined to be liable for the payment of any fine or penalty that remains due and owing on ten or more vehicular standing, parking or compliance violations under 625 ILCS 5/6-306.5. The notice will state that the failure to pay the fine or penalty owing within 45 days of the date of the notice will result in the city notifying the Secretary of State that the person is eligible for initiation of suspension proceedings. This notice will also state that the person may obtain a photostatic or digital copy of an original ticket imposing a fine or penalty by sending a self- addressed, stamped envelope to the city along with a request for the photostatic or digital copy. Such notice is to be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State. (B) Upon a failure to pay fines or penalties deemed due and owing to the city pursuant to Chapter 73 of the code and after exhaustion of the procedures set forth herein, the Code Enforcement Administrator will make a certified report, pursuant to 625 ILCS 5/6-306.5(c), to the Secretary of State stating that the owner or lessee of a registered vehicle has failed to pay the fine or penalty due or owing the city as a result of ten or more such violations of Chapter 73 of the code, and thereby initiate the suspension of that person’s driver’s license. (C) The Code Enforcement Administrator will take no further action thereafter unless and until the fines and penalties due and owing the city are paid or upon determination under divisions (D) and (E) below that the inclusion of the person’s name on the certified report was in 119 error. At either such time, the Code Enforcement Administrator will submit to the Secretary of State a notification to halt the driver’s license suspension proceeding pursuant to 625 ILCS 5/6- 306.5(d). The person named therein will receive a certified copy of such notification upon request and at no charge. (D) Persons may challenge the accuracy of the certified report by completing and filing within 21 days of the date of the Secretary of State’s notice under 625 ILCS 5/6-306.5(b) a form provided by the Code Enforcement Administrator specifying the grounds on which such challenge is based. Grounds for challenge are limited to the following: (1) The person was neither the owner nor the lessee of the vehicle receiving the ten or more applicable violation notices on the date or dates such notices were issued; or (2) The person has paid the fine and penalty for the ten or more violations indicated on the certified report. (E) The Code Enforcement Administrator will give notice of a determination thereupon within 14 days of receipt of the form and will notify the person filing the challenge of the determination, and, if applicable, will notify the Secretary of State. (Ord. 2008-11, passed 4-24-2008) § 11.13 JUDICIAL REVIEW. Any final decision by a Hearing Officer that a violation does or does not exist constitutes a final determination for purposes of judicial review and will be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.). (Ord. 2008-11, passed 4-24-2008) § 11.14 DEBT TO CITY. Any fine, penalty or part of any fine or penalty assessed in accordance with the provisions of this chapter and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative procedures under this chapter and the conclusion of any judicial review procedures, will be a debt due and owing the city, and, as such, may be collected in accordance with applicable law and as provided in § 11.15. (Ord. 2008-11, passed 4-24-2008) § 11.15 ENFORCEMENT OF JUDGMENTS. (A) Fines. All fines and other moneys to be paid to the city in accordance with this chapter will be remitted to the city and deposited in the appropriate city account as designated by the City Manager. (B) Compliance bond. (1) In order to ensure that violations are remedied in a timely manner, the Hearing Officer, upon issuing a determination of liability that includes an order of compliance, will have the authority to order the defendant in the case to obtain a bond (“compliance bond”) to ensure defendant’s timely compliance in correcting the violation. Any compliance bond ordered pursuant to this division (B) must name the city as a beneficiary and be in the amount specified by the Hearing Officer, provided that the amount of the compliance bond is to be reasonably related to 120 the cost of compliance. If the defendant fails to remedy in a timely manner the violation for which a compliance bond has been ordered and issued, and the city undertakes remediation or otherwise expends funds related to the violation for which a compliance bond has been ordered and issued, the Hearing Officer, after giving the parties notice and an opportunity to be heard, as provided in division (F) below, may issue an order permitting the city to draw against the compliance bond in an appropriate amount. Upon proof of compliance, the Hearing Officer will order the compliance bond amount, less the reasonable costs incurred by the city, returned to the defendant. (2) In the event a defendant ordered to secure a compliance bond as provided by this division (B), seeks judicial review of that portion of the Hearing Officer’s order requiring a compliance bond and prevails on that issue, the city will release the compliance bond, and if the city has drawn against the compliance bond, the city will refund to the defendant the total amount drawn within 30 days of receiving a copy of the reviewing court’s mandate. (C) Expiration of judicial review period. After expiration of the period that judicial review under 735 ILCS 5/Art. III may be sought, unless stayed by a court of competent jurisdiction, the findings, decision and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. (D) Liability for city enforcement expenses. If the defendant fails to comply with a judgment ordering the defendant to correct a violation or imposing any fine or other sanction, any expenses incurred by the city to enforce the judgment entered against that defendant, including without limitation administrative costs, attorney’s fees, court costs and costs related to property demolition or foreclosure (collectively “enforcement expenses”), after they are fixed by a court of competent jurisdiction, or by a Hearing Officer in accordance with division (F) below, will be a debt due and owing the city and may be collected in accordance with applicable law, including without limitation drawing against any compliance bond. (E) Lien on property. In addition to all other enforcement action set forth in this chapter, the Hearing Officer, after providing the notice and opportunity to be heard, in accordance with division (F) below, has the authority to impose a lien on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the city for any violation under this chapter, including any and all enforcement expenses. (F) Final notice and hearing. (1) The Hearing Officer will conduct a hearing pursuant to notice sent to defendant by first class mail, postage prepaid not less than seven days prior to the date of the hearing prior to: (a) Imposing enforcement expenses pursuant to division (D) above; or (b) Imposing a lien pursuant to division (E) above. (2) The defendant’s failure to appear at such hearing will not preclude the Hearing Officer from imposing enforcement expenses or a lien. (Ord. 2008-11, passed 4-24-2008) § 11.16 SCHEDULE OF FINES/PENALTIES. For any violation of any city ordinance, fines and penalties will be as established from time to time by the Mayor and City Council. (Ord. 2008-11, passed 4-24-2008) 121 § 11.17 ADMINISTRATIVE COSTS AND INTEREST CHARGES. Administrative costs and interest charges assessed pursuant to this chapter will be in the amounts established, from time to time, by the City Council pursuant to an administrative hearings costs and interest charges schedule resolution or similar enactment. (Ord. 2008-11, passed 4-24-2008) 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 Tel 312.300.6554 Fax 312.324.0668 Filippini Law Firm, LLP 990 Grove Street Suite 220 Evanston, IL 60201 www.filippinilawfirm.com Memorandum Victor P. Filippini, Jr. 312.300.6549 Victor.Filippini@filippinilawfirm.com Date: 13 October 2015 To: Mayor Schoenheider and Members of the City Council The City of Lake Forest Copy: Robert R. Kiely, Jr.; City Manager From: Victor P. Filippini, Jr. Re: Mayoral Term Limits CONFIDENTIAL/ATTORNEY-CLIENT PRIVILEGE At a recent City Council meeting, Alderman Adelman inquired about the possible alteration of the current limitation on the term of the Office of Mayor of Lake Forest. The current mayoral term is two years, with no person serving more than two consecutive terms as Mayor. This memorandum summarizes background information regarding the current term limitations of the mayoral term, the law affecting changes in the Mayor’s term, some considerations in the development of a referendum question if a change in the Mayor’s term is to be presented to the voters, and the law governing the filling of vacancies in the office of Mayor. Current Mayoral Term Limit Under Article II, Sections 1 and 4 of the City Charter, the Mayor is to be elected to a one-year term. The Charter contains no limit on the number of terms that a Mayor may serve. In 1993, the City held a referendum regarding term limitations for the members of the City Council, which referendum was approved by the City’s voters. Specifically, the 1993 referendum restricted a Mayor from serving more than three consecutive one-year terms and Aldermen from serving more than three consecutive two-year terms. The current term limitation on the office of Mayor was approved by referendum of the City’s voters in 2002. The 2002 referendum changed the term and term limitation for the Mayor to not more than two consecutive two-year terms. The 2002 referendum was specific in applying the new term and term limit to the then-current Mayor, providing: 189 Mayor Schoenheider and Members of the City Council The City of Lake Forest 13 October 2015 Page 2 2 Shall the term of the Mayor of The City of Lake Forest be lengthened from one year to two years with a limit of not more than two consecutive terms, which limitation on consecutive terms shall be effective immediately and applicable to the current officeholder? Legal Authority for Changing Terms of Office In the event that a further change in the term is desired, that too will need to be presented to, and approved by, the voters. Under the Illinois Constitution, a change in the form of a local government can only be accomplished by referendum. See IL Const. Art. VII, Sec. 6(f)(“A home rule municipality shall have the power to provide for its officers, their manner of selection and terms of office only as approved by referendum or as otherwise authorized by law.”); League of Women Voters v. Peoria County, 121 Ill. 2d 236, 249-50 (1987). As was the case in 1993 and again in 2002, a referendum to change the term of Mayor pursuant to the Illinois Constitution trumps the provisions of the City Charter. Should the City Council determine that it is appropriate to present a referendum to the voters to modify the Mayor’s term further, an ordinance or resolution would need to be approved and filed with the County Clerk by 28 December 2015. This would permit the question to be on the 15 March 2016 ballot. Considerations for a Possible Referendum to Modify Further the Mayoral Term At its heart, the question of Mayoral term limits is a policy issue. Not only are there policy considerations for limiting terms, but also for what the limitations should be, and how they would be implemented with respect to current officeholders. Some questions to consider include: a. What is the proper maximum number of consecutive years that one should be eligible to serve as Mayor? b. How often should the Mayor face the electorate in an election? c. Should a change in the term limitations apply to the current Mayor? If a maximum term of six years is deemed desirable, the question is whether that should be accomplished through three two-year terms, two three-year terms, or a single six-year term. The maximum length of service is tied into the question of how frequently should the Mayor be presented to the citizens for election. Although elections can be time-consuming, expensive, and distracting, they are also the only way for voters to remove a Mayor with whom they are dissatisfied. (Illinois does not provide for the recall or officeholders, nor can an elected official be removed unless she or he no longer meets the statutory requirements for holding office.) The overall length and number of terms may also have an impact on attracting potential candidates for Mayor. 190 Mayor Schoenheider and Members of the City Council The City of Lake Forest 13 October 2015 Page 3 3 Whether the current Mayor will be affected by a referendum to extend the Mayoral term will depend on the language in the referendum.1 For example, if the referendum question were to change the term limit from two two-year terms to three two-year terms, the question could include language that “limitation on consecutive terms shall be effective immediately [and applicable][but not applicable] to the current officeholder.” If the proposed change, however, is to modify the Mayoral term limit to two three-year terms, Mayor Schoenheider would likely not be eligible to seek re-election because he would have already served two consecutive terms.2 Vacancies If the maximum period for serving as Mayor increases, so too does the likelihood that a particular Mayor is unable or unwilling to complete his or her entire term. In the event that the office of Mayor is vacated, there are statutory procedures for filling such vacancy. 65 ILCS 5/3.1- 10-50.3 The provisions are rather complicated and depend on the length of the term remaining at the time of the vacancy and the time of the next election. As such, I will only reference rather than summarize them here. Additionally, the statute provides for the temporary filling of a vacancy until the next election. In such cases, the vacancy is temporarily to be filled by a member of the City Council. Id. That temporary appointment may either be as an “Acting Mayor” or as “Mayor,” depending on whether the Council member so appointed relinquishes her or his aldermanic office. Id. Please contact me with any questions you might have regarding this matter. 1 Under the current Mayoral term limits, Mayor Schoenheider is not eligible to continue to serve as Mayor after his term expires in May 2017. 2 Of course, language could be crafted to permit Mayor Schoenheider to seek a third term, which might read: Shall the term of the Mayor of The City of Lake Forest be lengthened from two years to three years with a limit of not more than two consecutive terms, which limitation on consecutive terms shall only be applicable to terms commencing on or after May 2015? 3 Although the City is a home rule unit, it is not clear that such status allows the City to alter the general election law for purposes of filling a vacancy in office. Although we have not found a case that has addressed this issue squarely, the Supreme Court’s analysis for determining whether something is within the power of a home rule unit suggests that any alteration in the election calendar is not within the scope of home rule powers. See StubHub, Inc. v. City of Chicago, 2011 IL 111127 at ¶23 ;see also United Citizens of Chicago and Illinois v. Coalition to Let the People Decide in 1989, 125 Ill.2d 332 (1988)(Chicago, a home rule unit, is subject to the provisions of 65 ILCS 5/3.1-10-50). 191 Why should the Mayor’s term be changed?  Current term: maximum of three consecutive one-year terms (annual election)  Disruptive to run a campaign annually  Discourages individuals from serving  Proposed change: maximum of two consecutive two-year terms  Two-year term allows additional time to complete initiatives  Does not affect current Mayor’s term (takes effect spring 2003) 192 Dear Lake Foresters: We are writing to urge your support for three referendums that are important to the future of Lake Forest. These referenda will be on the November 5, 2002, ballot and address infrastructure needs, land for future recreational use and the term of the Mayor. Many Lake Forest homes, businesses and roadways continue to experience flooding during periods of heavy rain. A recent study confirms that the City must accelerate its investment improving the storm water sewers. The State of Illinois has authorized municipalities to increase the sales tax by 0.5% for this type of infrastructure improvement. Many surrounding communities have already implemented a sales tax increase. As a non Home Rule community, Lake Forest must submit any tax increase to the citizens for approval. A 0.5% sales tax increase would generate sufficient new revenue to finance the first phase of these necessary storm sewer improvements. It is estimated that 60% of all sales tax receipts are from non-Lake Forest residents, materially reducing the cost of this vital project to our citizens. The City of Lake Forest has entered into an agreement with Conway Partners (owners of Conway Farms) to re-zone the 70-acre lot on the south side of Route 60 between the entrance to Conway Farms and the train tracks. The current zoning allows for the construction of a 750,000 square foot office building with parking for 3,000 plus cars. As part of their plan for residential development on the western 35-acre portion of the property, Conway Partners will donate 10 acres of land to the City for use as a park, and the City has the option to purchase the remaining 25 acres to the east at a very attractive price. The City is seeking voter approval to issue $6 million in bonds to finance this purchase and pay the cost of improvements on the property at the intersection of Route 60 and Academy Drive. The City has reached a resourceful and forward- looking agreement that will preserve open space, reduce commercial development and traffic growth on Route 60 and provide for future park and recreation needs of the community. The Mayor of Lake Forest has served one-year terms since our city was chartered in 1861. By tradition and city ordinance since 1993, the Mayor has been limited to three terms. A special advisory committee was convened last year to examine whether the term of the Mayor should be changed and concluded one year between elections was too short a timeframe. They recommended the Mayor should serve not more than two two-year terms. If the voters approve this referendum, the current Mayor would stand for one two-year term in 2003, and Lake Forest’s first two two-year term Mayor would be elected in 2004. We urge you to vote YES for the 0.5% sales tax increase to improve the infrastructure of our City. We urge you to vote YES for the $6 million bond issue to control commercial development, reduce traffic and congestion and preserve open space for parks and recreation. We urge you to vote YES to change the term of the Mayor of Lake Forest. Sincerely, Howard J Kerr Mayor, 1999-2002 193