CITY COUNCIL 2015/02/17 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
**Tuesday, February 17, 2015 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
David Moore, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30 p.m.
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. 2015-2016 New Board and Commission Appointments/Reappointments
Zoning Board of Appeals
A copy of the Volunteer Profile sheets begin on page 8.
COUNCIL ACTION: Approve the Mayors Appointment
2. COMMENTS BY CITY MANAGER
3. COMMENTS BY COUNCIL MEMBERS .
A. PPL Committee
1. Consideration of a Recommendation from the Property and Public
Lands Committee in Support of Entering into a Contract with Jacob &
Hefner Associates for Professional Services Related to the
NAME OF MEMBER APPOINT/REAPPOINT WARD
Mark Pasquesi Appoint 4
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February 17, 2015 City Council Agenda
Environmental Clean-up of the City’s Former Municipal Services Site.
(Approval of a Motion)
STAFF CONTACT: Catherine J. Czerniak, Director of Community Development
PURPOSE AND ACTION REQUESTED: Approval is requested to authorize the City Manager
to enter into a contract with Jacob & Hefner Associates for professional services as the
City’s Owner’s Representative for the environmental clean-up and the demolition of the
remaining structures on the former Municipal Services site located on the northwest
corner of Laurel and Western Avenues.
BACKGROUND AND DISCUSSION: To date, Phase 1 and a Limited Phase 2 studies have
been completed on the former Municipal Services property. Some asbestos sampling
has been completed, the majority of underground tanks have been removed and some
soil remediation in the areas immediately around the tanks has occurred. The Property
and Public Lands Committee (PPL) discussed the next steps that must be taken to meet
the City’s obligation of delivering a clean site prior to the sale of the property to Focus
Development, Inc. and determined that hiring an Owner’s Representative to assist the
City was appropriate. The PPL stated that bringing in a firm with demonstrated
experience in environmental remediation, demolition, selecting and managing
contractors and importantly, obtaining the necessary certifications at the end of the
clean-up process, was in the City’s best interest. The City does not have this type of
expertise on staff.
Consistent with the direction from the PPL, in early January, 2015, the City issued a
Request for Qualifications/Proposals for an Owner’s Representative to work, on behalf of
the City, to direct and manage the clean-up of the former Municipal Services property.
The Request was direct mailed to a dozen firms and was published on the City’s website.
Eight firms responded to the RFQ/P, five were selected for interviews and ultimately, four
were interviewed. A staff team including the City Manager, Director of Public Works,
Superintendent of Public Works, the City’s Code Enforcement Officer and the Director of
Community Development participated in the interview process. Jacob & Hefner stood
out as the team that best meets the needs of the City. Jacob and Hefner demonstrated
convincingly that they have knowledge and experience with environmental clean-up of
similar and even more complex sites and the ability to obtain the necessary certifications
in a timely manner. Jacob & Hefner also presented an estimated cost for services that
was lower than all of the other teams although the estimates were all within a fairly close
range.
After the interviews, staff presented its recommendation and the reasons supporting the
recommendation to the PPL. The PPL unanimously endorsed staff’s recommendation
and forwarded this recommendation in support of Jacob & Hefner Associates to the City
Council.
The proposal from Jacob & Hefner is included in the Council packet beginning on page
9. The contract is not yet in final form. However, in order to fully engage the Owner’s
Representative as quickly as possible recognizing the aggressive time line for delivering a
clean site to the developer, the proposal is presented to the City Council with a request
that the Council authorize the City Manager to sign a final contract with Jacob & Hefner
after review and approval of the contract by the City Attorney.
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February 17, 2015 City Council Agenda
BUDGET/FISCAL IMPACT: The fee for an Owner’s Representative to direct and manage
the clean-up of the former Municipal Services site is reimbursable through funds
generated by the TIF District. At the outset, this fee will be charged to the newly created
Laurel and Western Avenues (MS) Redevelopment Fund because the expense will be
incurred in advance of the receipt of any TIF revenues. It is recommended that an inter-
fund loan be made from the Capital Improvement Fund with reimbursement occurring
upon receipt of TIF revenues or from TIF bond proceeds. All expenses eligible for
reimbursement from TIF revenues will be included in a supplemental appropriation
ordinance at the end of the fiscal year.
FY2015 Funding Source Amount
Budgeted
Amount
Requested
Budgeted
Y/N
MS Redevelopment
#322-2501-499-77-05 0 Not to Exceed
$98,000 N
COUNCIL ACTION: Authorize the City Manager to enter into a contract with Jacob &
Hefner Associates for an amount not to exceed $98,000 for professional services as the
City’s Owner’s Representative for the clean-up of the former Municipal Services property
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the February 2, 2015 City Council meeting Minutes
A copy of the minutes begins on page 39.
2. Consideration of Recommendations from the Zoning Board of Appeals in
Support of Ordinances Granting Zoning Variances. (First Reading, and if
Desired by the City Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Zoning Board of Appeals are presented to the City
Council for consideration as part of the Omnibus Agenda.
425 Illinois Road – The Zoning Board of Appeals recommended approval of a variance from the
side yard setback to allow construction of a second floor family room over an existing one story
element. Two letters of support were received from neighboring property owners. (Board vote:
5 - 0, approved)
1450 Old Mill Road - The Zoning Board of Appeals recommended approval of a variance from
the front yard setback to allow construction of a second floor bedroom suite over an existing
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February 17, 2015 City Council Agenda
one story element. No public testimony was presented to the Board on this petition. (Board
vote: 6 - 0, approved)
367 Bluffs Edge Drive – The Zoning Board of Appeals recommended approval of a
variance from the steep slope setback to allow construction of a screen porch on the
footprint of an existing patio. No public testimony was presented to the Board on this
petition. (Board vote: 6 - 0, approved)
The Ordinances approving the petitions as recommended by the Zoning Board of Appeals,
including key exhibits; are included in the Council packet beginning on page 45. The
Ordinances and complete exhibits are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Zoning Board of Appeals’ recommendation.
3. Consideration of an Ordinance Approving a Recommendation from the
Historic Preservation Commission. (First Reading and if Desired by the City
Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Historic Preservation Commission is presented to the
City Council for consideration as part of the Omnibus Agenda.
815 Barberry Lane - The Historic Preservation Commission recommended approval of a building
scale variance to allow expansion of a garage to incorporate a pool house. Several
neighboring property owners stated support for the project. (Commission vote: 6-0, approved)
The ordinance approving the petition with conditions of approval as recommended by the
Historic Preservation Commission, with key exhibits attached, is included in the Council’s packet
beginning on page 68. The Ordinance and complete exhibits is available for review in the
Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinance approving the petition in accordance
with the Historic Preservation Commission’s recommendation.
4. Consideration of an Amended and Restated Intergovernmental Agreement
between the City and the Village of Mettawa.
STAFF CONTACT: Robert Kiely, Jr., City Manager
PURPOSE AND ACTION REQUESTED: Consideration and approval of an Amended and
Restated Intergovernmental Agreement between the City and the Village of Mettawa
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February 17, 2015 City Council Agenda
that has been in place since 1998 relating to the sharing of sales tax revenue received
from the Tollway Oasis and other shared service considerations.
BACKGROUND/DISCUSSION: In 1998, the City and Village of Mettawa entered into an
intergovernmental agreement whereby the Village would annex the Tollway Oasis into
their corporate boundaries and agree to share the sales tax revenue derived from the
businesses at the Oasis evenly between the two communities. Over the past twenty
years, the City and Village have also entered into other service agreements (ie:
inspectional services, salt storage) and participated in regional joint planning (BMW, bike
paths). Over the past six months the City Attorney has been working with staff from the
two communities to update and memorialize the various service relationships between
the two communities. A copy of the agreement is attached beginning on page 77.
BUDGET/FISCAL IMPACT: None associated with the Amended and Restated Agreement.
Any specific service agreement or capital project would come back before the
respective governing boards for approval.
COUNCIL ACTION: Authorize the Mayor to execute the Amended and Restated
Intergovernmental Agreement with the Village of Mettawa subject to their concurrent
approval of said agreement.
5. Consideration of a Resolution Regarding the Expiration of an
Intergovernmental Agreement and Approval of a Wind-Down Agreement
with Lake Forest School District 67.
STAFF CONTACT: Robert Kiely, Jr., City Manager
PURPOSE AND ACTION REQUESTED: Consideration and approval of a Resolution
authorizing the execution of a Wind-Down Agreement between the City and School
District 67 relating to an Intergovernmental Community Facilities Financing Agreement
entered into by the two parties in 1994.
BACKGROUND/DISCUSSION: In 1994, the City and Lake Forest School District 67 entered
into an intergovernmental agreement (“IGA”), pertaining to special school-related
services arising from new residential subdivisions in the City. The agreement outlined a
number of facility financing mechanisms including the sale of land and establishment of
Special Service Districts (“SSAs”). The IGA expired on July 15, 2014 and the City Council
terminated the five established SSAs in December 2014. The proposed wind-down
agreement would formally close-out the development fund set forth in the 1994 IGA and
address financial considerations resulting from the termination of the five SSAs. A copy of
the resolution and wind-down agreement is attached beginning on page 85.
BUDGET/FISCAL IMPACT: The financial considerations were suggested by School District
67 officials and seem reasonable to City Staff as they have real value to the District with
minimal budgetary impact on the City. The considerations would come in three forms.
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February 17, 2015 City Council Agenda
1)Waiving SD67’s one-third share of the recently approved Student Resource Officer
position until 2020 ($184,625); 2) Crediting SD67 with an $80,000 contribution toward the
replacement of the Everett Park playground; and, 3) Providing engineering services
relating to the resurfacing of the Everett School parking lot. The SRO cost share is
currently non-budgeted revenue and therefore would not be included in the applicable
budgets (FY15-FY19). The Everett Park playground contribution will increase the project
funding required in the Park and Public Land Fund for Fiscal Year 2016 budget. In –house
Engineering services are not anticipated to require any out of pocket costs to the City.
COUNCIL ACTION: Approve the Resolution regarding the Wind-Down Agreement with
School District 67 subject to their concurrent approval of said agreement.
COUNCIL ACTION: Approve the five (5) Omnibus items as presented.
6. ORDINANCES
7. NEW BUSINESS
1. Consideration of adoption of a Resolution approving an Updated Real
Estate Rider.
PRESENTED BY: Catherine Czerniak
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: As part of the City’s ongoing efforts to improve
processes, set realistic expectations and serve as an ally to residents and potential
residents, an updated Real Estate Rider is presented for City Council consideration.
BACKGROUND AND DISCUSSION: In 1998, the City Council approved a Real Estate Rider
as a means to provide information about the City’s traditions, values and processes to
people purchasing or looking to purchase homes in Lake Forest. Since that time, local
real estate agents have provided the Real Estate Rider to buyers and potential buyers as
part of the home sale process.
At a recent meeting with the representatives of the local real estate offices, it was
suggested that the Real Estate Rider should be updated to offer the information in a
more user friendly manner. The Rider was revised based on comments received and a
draft of the updated Rider was distributed to the Real Estate offices for additional
comments and suggestions. The final version of the updated Real Estate Rider is included
in the Council packet on page 91. A copy of the previously approved Real Estate Rider is
also included in the Council packet for information.
If the updated Real Estate Rider is approved by the City Council, it will be distributed to
the Real Estate offices so that it can be provided to home buyers and it will also be made
available on the City’s website.
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February 17, 2015 City Council Agenda
BUDGET/FISCAL IMPACT: No expenditure of City funds is requested.
COUNCIL ACTION: Approve a Resolution (page 93) adopting an updated Real Estate
Rider and encouraging distribution to home buyers and potential home buyers.
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
9. ADJOURNMENT
Office of the City Manager February 11, 2015
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
Act of 1990. Individuals with disabilities who plan to attend this meeting and who require
certain accommodations in order to allow them to observe and/or participate in this
meeting, or who have questions regarding the accessibility of the meeting or the
facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600
promptly to allow the City to make reasonable accommodations for those persons.
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The City of Lake Forest
CITY COUNCIL
Proceedings of the February 2, 2015
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 6:30 pm, and
Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Beidler, Alderman Pandaleon, Alderman
Moore, Alderman Tack and Alderman Adelman.
Absent: Alderman Waldeck, Alderman Resisenberg and Alderman Moreno.
Also present were: Bob Kiely, City Manager, Robert Pickrell, City Attorney; Carina Walters,
Assistant City Manager; Susan Banks, Communications Manager; Catherine Czerniak, Director of
Community Development; Michael Thomas, Director of Public Works, James Held, Chief of Police,
Kevin Issel, Deputy Fire Chief.
There were approximately 30 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Schoenheider thanked Michael Thomas and staff for their efforts in keeping ahead of
clearing the snow during the blizzard.
A. Resolution of Appreciation for Robert Henderson
COUNCIL ACTION: Approve the Resolution
Mayor Schoenheider read the Resolution. Alderman Moore made a motion to approve the
Resolution, seconded by Alderman Adelman. Motion carried unanimously by voice vote.
Mr. Henderson stated that it was a pleasure and an honor to serve The City of Lake Forest for the
last twenty-five years.
B. Swear in Police Officer William Wright
Mayor Schoenheider swore in Officer Wright.
COMMENTS BY CITY MANAGER
A. Middlefork Savannah Award
-Mike Rummel and Ann Maine, Lake County Board Representatives
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Proceedings of the January 20, 2015
Regular City Council Meeting
City Manager, Robert Kiely introduced former Mayor Mike Rummel and Ann Maine, both Lake
County Board Representatives. Mr. Rummel reported that the County is currently working on 911
dispatching, co-op salt purchases and is looking to start an initiative with communities to resolve
drainage issues. Mr. Rummel stated that the Forest Preserve has received news from the Army
Corp of Engineers that the GLFR Project was approved and the City Council would soon be seeing
more information on the project. Work continues on the Middlefork Bridge and the Middlefork
Greenway project is on the horizon.
Mr. Rummel then introduced Ann Maine. Ms. Maine gave a brief overview of the planned Everett
Road bicycle trail expansion, creating a Master Plan for Ft. Sheridan. The Middlefork Savannah
Award is a Chicago Wilderness Platinum for Excellence in Ecological Restoration for Conservation
Leadership and exemplary use of Best Management Practices in Natural Resource Restoration.
Ms. Maine thanked the City for being such a great partner in preservation. City Manager Robert
Kiely added that this is a very timely issue as one of the 2015 goals is to reconnect residents with
the many outdoor destinations that are in our own backyard.
B. Electric Aggregation Update
-Carina Walters, Assistant City Manager
City Manager Robert Kiely stated that this item will be brought back to the Feb 17 City Council
meeting. Mr. Kiely then introduced Michael Thomas, Director of Public Works who gave an
overview of the blizzard and the City’s response.
COMMENTS BY COUNCIL MEMBERS
A. Property and Public Land Committee
1. Purchase of Real Estate from Lake Forest College relating to the Central Business
District (CBD) Train Station Parking
Carina Walters, Assistant City Manager, reported that the Property and Public Land Committee
(PPL) recommends the purchase of portions of the CBD train station parking lots owned by Lake
Forest College. Ms. Walters reported that the City of Lake Forest, Lake Forest College and Union
Pacific each own a portion of the Union Pacific North Lot, Union Pacific South Lot, North Shore Lot
and McKinley Parking Lots. In 1992 The City of Lake Forest entered into a lease agreement with
Lake Forest College for those spaces owned by the College that the City uses for commuter
parking spaces. The agreement stated the City would pay the College a portion of the revenues
collected from parking fees. In 2007 the lease expired.
Ms. Walters reported that in 2010 the College approached the City to begin discussions regarding
the potential renegotiation of the lease; however, discussions were put on hold by the College. In
2011, the discussions resumed; however, due to the unclear ownership of parcels both parties
agreed to complete an ALTA Survey in order to identify the property boundaries and then to
complete an appraisal.
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Proceedings of the January 20, 2015
Regular City Council Meeting
Ms. Walters added that in 2013 and 2014 the City solidified a contract with Zip Cars, applied for a
CMAP grant to install a bike shelter and within the last eight months, the City received a $1 million
dollar grant to separate the bike path from vehicular traffic at the East Train Station.
In May the City received an appraisal from RECI, they completed the assessment on behalf of the
College indicating the property was worth $2,040,000. A purchase price was negotiated to
$1,787,500 and the payoff breakdown is as follows:
Purchase Price: $1,787,500
From Paid Parking Fund (at closing) $957,420
Pay to Seller (July 2015) $173,360
Pay to Seller (July 2016) $173,360
Johnson Science Building Permit fee* $310,000
Pay to Seller (July 2017)* $173,360
*Estimated figure based on final calculation made at time of building permit submittal and “True-
Up” of balance to be paid.
The City Council had discussion about the lease the overall total cost, where the funding would
come from and best land use. City Manager Robert Kiely stated that the money would come from
fees already collected from the paid parking fund that has been rolled into the general fund, and
the balance would come from the CIP in future years. The money collected in the paid parking
fund had to be used for a parking related purchase. City Manager Robert Kiely added that the City
was in a position to lose control of the spaces.
Mayor Schoenheider asked if there was anyone from the Public who wanted to comment on the
matter, seeing none, he asked for a motion to approve a Resolution to approve a contract for the
acquisition of parking lot properties from Lake Forest College.
COUNCIL ACTION: Approval of the Purchase of Real Estate from Lake Forest College relating to
the Central Business District (CBD) Train Station Parking
Alderman Pandaleon made a motion to approve a resolution to approve a contract for the
acquisition of parking lot properties from Lake Forest College, seconded by Alderman Beidler. The
following voted “Yea”: Aldermen Beidler, Pandaleon, Moore, Tack and Adelman. The following
voted “Nay”: None. 5 Yeas, 0 Nays, motion carried.
B. Public Works Committee
1. Consideration and Approval to accelerate funding for the Emerald Ash Borer
Program and Approval to Continue Existing Contracts for Additional FY 15 Ash
Tree and Stump Removals
Chuck Myers, Superintendent of Parks, Cemetery & Forestry, reported that the Forestry Section
has expended its FY 15 funding of $200,000 for the removal of over 800 infested ash trees, leaving
an additional 1,263 ash trees identified for removal. Due to the unmitigated number of trees still
standing, the Forestry section is requesting an additional $160,000 be allocated from the Capital
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Proceedings of the January 20, 2015
Regular City Council Meeting
Fund 311 to the current FY 15 Capital Fund 311 for Emerald Ash Borer (EAB) removals. This would
allow Forestry to work with contractors to remove the entire amount of tagged trees quickly,
which would help mitigate the threat that dead and dying ash trees pose to the community.
Mr. Myers reported that the funding for the annual tree and stump removal contract is budgeted
in the Capital Fund 311. Exhibited below are two options of the Capital Fund 311 relating to EAB.
Exhibit 1 shows the accelerated version of Capital Fund 311 over the next five years. Exhibit 2
shows the current projected budget for Capital Fund 311for the same duration. Most notable is
the City’s capacity to reduce the potential vulnerabilities associated with EAB in a timelier and
managed approach in addition to reducing the overall capital expenses for EAB by $180,000.
Exhibit 1 – Modified (Accelerated) Plan
FY 15 FY 16 FY 17 FY 18 FY 19 FY 20 Total
Tree
Replacement $60,000 $100,000 $150,000 $150,000 $150,000 $610,000
EAB Removals $160,000 $190,000 $50,000 $50,000 $50,000 $50,000 $550,000
EAB
Treatments $40,000 $15,000 $25,000 0 0 $80,000
TOTAL $160,000 $290,000 $165,000 $225,000 $200,000 $200,000 $1,240,000
Exhibit 2 – Original Plan
FY 16 FY 17 FY 18 FY 19 FY 20 Total
Tree Replacement $60,000 $100,000 $150,000 $150,000 $150,000 $610,000
EAB Removals $200,000 $200,000 $150,000 $50,000 $50,000 $650,000
EAB Treatments $40,000 $20,000 $40,000 $20,000 $40,000 $160,000
TOTAL $300,000 $320,000 $340,000 $220,000 $240,000 $1,420,000
On February 27, 2014, staff received five bids for the tree and stump removals for FY 15 as
detailed below. The Park Board and City Council approved the contracts with the three lowest
bidders.
Trees 6”-15.9”
Approx. 3,100 in.
Trees 16”-29.9”
Approx. 1,600 in.
Trees over 30”
Approx. 400 in.
Clean Cut Tree Service $12.40 $23.05 $39.40
Kinnucan Tree Experts $20.50 $23.00 $24.50
Lucas Landscaping and Design $19.50 $29.75 $35.00
Tree’s R Us $18.99 $30.45 $37.00
Nels Johnson Tree Experts $20.50 $32.00 $37.00
*Prices are based on per inch of tree diameter to include stump removal and restoration
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Proceedings of the January 20, 2015
Regular City Council Meeting
The contractors successfully completed the work that was scheduled for FY 15 and with the
approved $200,000 from Capital Fund 311. Based on the successful results of the FY 15 removals
and the potential risk of the remaining 1,263 tagged trees, staff is recommending the continuation
of existing contracts with Clean Cut Tree Service, Kinnucan Tree Experts and Lucas Landscaping
and Design for additional FY 15 ash tree and stump removals.
FY 15 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund 311 $ 0* $ 160,000 N
* The $200,000 that was originally budgeted for FY 15 has been expended and the $160,000 is in
addition to the original amount.
COUNCIL ACTION: By motion, approve to authorize an additional $160,000 for the City’s FY 15
accelerated EAB Eradication Program to be performed pursuant to the approved FY 15 tree
removal contracts, which additional sums are germane to the original contracts and are being
authorized to advance the best interest of the City and its residents.
Mayor Schoenheider asked if there was anyone from the Public who wanted to comment on the
matter, seeing none he asked for a motion.
Alderman Beidler made a motion to approve to authorize an additional $160,000 for the City’s FY
15 accelerated EAB Eradication Program to be performed pursuant to the approved FY 15 tree
removal contracts, which additional sums are germane to the original contracts and are being
authorized to advance the best interest of the City and its residents, seconded by Alderman
Moore. The following voted “Yea”: Aldermen Beidler, Pandaleon, Moore, Tack and Adelman. The
following voted “Nay”: None. 5 Yeas, 0 Nays, motion carried.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Paul Hamman, 511 Beverley offered his opinion on TIF districts.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the January 20, 2015 City Council meeting Minutes
2. Check Register for December 27, 2014- January 23, 2015
3. Resolution of Appreciation for Mark Ventling, Gorton Board Member
4. Resolution of Sympathy for former Water Plant Operator, Fred Roscher
5. Ratify a Letter of Understanding between the City of Lake Forest and School
Districts 67 and 115 in which the City of Lake Forest agrees to provide qualified
School Resource Officers to the High School and District 67 while the school
districts will absorb 67.79% (33.90% per district) of the cost of the most senior
SRO.
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Proceedings of the January 20, 2015
Regular City Council Meeting
COUNCIL ACTION: Approve the five (5) Omnibus items as presented.
Mayor Schoenheider asked members of the Council if they would like to remove any item or take
separately, seeing no request, he asked for a motion to approve the five Omnibus items.
Alderman Moore made a motion to approve the Omnibus items with a scrivener’s error in the
minutes, seconded by Alderman Adelman. The following voted “Yea”: Aldermen Beidler,
Pandaleon, Moore, Tack and Adelman. The following voted “Nay”: None. 5 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
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None.
ADJOURNMENT
There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by
Alderman Tack. Motion carried unanimously by voice vote at 7:35 p.m.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in
the Clerk’s office at City Hall. You can also view it on the website by
visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived
Meetings Videos.
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AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT is made
and entered into this ______________________, by and between The City of Lake Forest, an
Illinois home rule and special charter municipal corporation (the "City"), and the Village of
Mettawa, an Illinois home rule municipal corporation (the "Village").
WITNESSETH:
WHEREAS, the Constitution of the State of Illinois of 1970 at Article VII, Section 10, and
the Illinois Compiled Statutes at 5 ILCS 220/1 et seq., and at 65 ILCS 5/11-1-2.1, authorize
intergovernmental cooperation and agreement between municipal corporations; and
WHEREAS, the corporate limits of the City and the Village (collectively, the "Parties") lie
adjacent to each other, being situated in Lake County, Illinois; and
WHEREAS, the Parties had previously entered into an “Intergovernmental Agreement”
dated 11 February 1998 (the “1998 IGA”), and pursuant to the 1998 IGA the Parties cooperated
in having the Village annex certain real estate depicted on Exhibit A attached hereto belonging
to the Illinois State Toll Highway Authority (the "Authority") and commonly known as the “Lake
Forest Oasis”; and
WHEREAS, the Parties desire to continue their cooperative efforts regarding the Lake
Forest Oasis and other matters as herein set forth, and therefore have agreed to amend,
restated, and update the 1998 IGA;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is agreed by and between the Parties as follows:
I. Sales Taxes. As a result of the Village’s annexation of the Lake Forest Oasis,
the Village is entitled to receive sales taxes from the retail sales occurring on and from the
operation of the Oasis. In recognition of the City’s efforts to assist the Village in annexing the
Lake Forest Oasis as provided for in the 1998 IGA, the Village shall cause fifty percent (50%) of
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such tax receipts generated from sales in the Oasis (the “One-Half Share”) to be remitted to the
City. The Village shall deliver the One-Half Share to the City on a quarterly basis. The City
agrees to assist the Village in identifying and calculating sales tax revenues to be included in
the One-Half Share, and the Parties shall cooperate in seeking and sharing information from the
Illinois Department of Revenue regarding sales tax revenues derived from the Lake Forest
Oasis.
II. Purchase of North Beach Parking Permits. Each year residents of the Village
of Mettawa may purchase not more than 50 City North Beach Parking Permits at the “resident”
rate on a “first-come, first-served” basis. The Parties shall develop necessary and convenient
administrative procedures for affecting such sales and correlating such permits to particular
vehicles of residents of the Village. The purchase of any parking permits would be effective
May 1 of each year purchased beginning in 2015. The Village acknowledges and agrees that
the City retains discretion to modify the resident and non-resident rates for City parking permits.
III. Other Avenues of Intergovernmental Cooperation. The Parties recognize
that mutual benefits may arise from cooperative efforts. To this end, the Village and the City
shall continue to seek out opportunities where such intergovernmental cooperation will mutually
benefit the Parties and means for effectively implementing such cooperative efforts and
activities. Without limiting the foregoing, the Parties shall cooperate with respect to the following
activities:
A. Salt Storage: The City owns and maintains facilities for the storage of road salt.
To the extent that the City has excess capacity for the storage of road salt in
addition to the road salt needed to meet its own needs, the City shall permit the
Village to store road salt for its purposes in the City’s facilities. The Parties shall
periodically confer regarding the availability of storage capacity for the Village’s
road salt as well as any related storage and loading fee to be assessed. To the
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extent that the Village is able to store road salt at the City’s facilities, the Village
or its agents shall comply with all operational rules and practices that the City
may establish from time-to-time regarding use of and access to the road salt
storage facilities.
B. Regional Planning: The Parties acknowledge the mutual benefit for developing
from time to time a regional comprehensive plan that interconnects the two
jurisdictions as well as other municipalities or the County of Lake. To this end,
the Parties agree to coordinate when appropriate the design of master plans and
construction of such related improvements like roadway systems, recreational
trails, and other such features, which coordination may include the joint
engagement of an engineering firm to develop plans and specifications and
seeking third-party funding sources, all pursuant to terms mutually acceptable to
the Parties.
C. Regional Events: The Parties acknowledge that regional events may have
beneficial impacts on the Parties, but may have externalities as well. To this end,
the Parties will confer with each other in connection with the sponsorship or
permitting of any such regional events, including conferring on matters relating to
traffic, parking, police and public safety, and other matters that may be affected
by a regional event.
D. Engineering, Inspectional and Other Municipal Services. From time-to-time,
either Party may have a specific need for additional engineering, inspectional or
other municipal services that the other Party can address. The Parties hereby
authorize their respective Managers negotiate written letter agreements from
time-to-time to provide and pay for any such Work Order; provided that the
Governing Bodies of the two communities authorize any such Work Order.
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IV. Term. This Agreement shall be effective on the date hereof first above written
and continue in effect until ___________, 2016 whereupon it shall automatically be extended for
successive one (1) year periods, unless sooner terminated by mutual agreement of the Parties.
V. Default. The failure of either Party to take any action required by this Agreement
or otherwise to comply with any of the terms and/or conditions hereof shall constitute an event
of default. In such event of default, the non-defaulting Party shall forward written notice thereof
to the defaulting Party (a “Default Notice”). Within thirty (30) days of such Default Notice, the
defaulting Party shall take whatever actions may be necessary to cure such default or reverse
the effect of such defaulting Party's action or inaction.
a. In the event a default shall have occurred and shall be continuing following thirty
(30) days after the Default Notice, the non-defaulting Party may pursue any available remedy at
law or in equity by suit, action, mandamus, or other proceeding to enforce and compel
performance of the duties and obligations of the defaulting Party as herein set forth. All
remedies provided for herein shall be available only to the extent they are not prohibited by
applicable Illinois law.
b. No remedy conferred upon a non-defaulting Party is intended to be exclusive of
any other remedy but each and every such remedy shall be cumulative and shall be in addition
to any other remedy existing now or hereafter. No delay or omission to exercise any right or
remedy accruing upon any event of default shall impair any such right or remedy or shall be
construed to be a waiver of any such event of default or acquiescence therein. In addition, every
such right or remedy may be exercised from time to time and as often as may be deemed
expedient. No waiver of any event of default hereunder shall extend to or shall affect any
subsequent event of default or shall impair any rights or remedies consequent thereto.
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VI. Notice.
a. Any notices, required under the terms of Section VII of this Agreement shall be
deemed given, if given in writing and mailed, U.S. postage prepaid, by certified mail, return
receipt requested, addressed as follows:
If to the Village:
Village Clerk, Village of Mettawa
26225 N. Riverwoods Blvd
Box M
Mettawa, IL 60045
If to the City:
City Clerk
Lake Forest City Hall
220 E. Deerpath Road
Lake Forest, IL 60045
b. Any party hereto may change the place and or person listed above for the giving
of notices by notice given ten (10) days prior to the effective date of such change.
VII. Miscellaneous.
a. Entire Agreement. Except as expressly set forth herein, this Agreement
constitutes the entire agreement between the Parties hereto with respect to the relationship of
the Parties contemplated herein, and supersedes all prior and contemporaneous agreements
and undertakings of the Parties pertaining to the subject matter hereof.
b. Governing Law. This Agreement and all rights and obligations of the Parties
shall be construed and interpreted under and pursuant to the laws of the State of Illinois.
c. Duplicates. This Agreement shall be executed in duplicate counterparts, each of
which shall be deemed an original and each of which shall constitute one and the same
instrument.
d. Force Majeure. Neither Party hereto shall be liable for, and each Party shall be
excused from, any failure to deliver or perform or for delay in delivery or performance due to
causes beyond its reasonable control, including, but not limited to, natural disasters, actions of
other governmental authorities than the City or the Village, floods, fires, wars or civil
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disturbances, transportation or telecommunications problems not caused or contributed to by
the other Party, or any act of God.
e. Severability. The invalidity or unenforceability of any provision of this Agreement
shall not offset or invalidate any other provision. If any provision of this Agreement is capable of
two constructions, one of which would render the provision invalid and the other of which would
make the provision valid, then the provision shall have the meaning which renders it valid.
VIII. Representations.
a. The City hereby certifies, warrants and represents to the Village that:
i. It has the right, power, and authority to enter into this Agreement;
ii. The individuals executing this Agreement on behalf of the City have the
power and authority to bind the City to this Agreement; and
iii. Neither the execution of this Agreement nor the performance of the
obligations contemplated hereby will (A) result in a breach or default under any agreement to
which it is a party or (B) violate any restriction, court order, or agreement to which it is subject.
b. The Village hereby warrants and represents to the City that:
i. It has the right, power, and authority to enter into this Agreement;
ii. The individuals executing this Agreement on behalf of the Village have
the power and authority to bind the Village to this Agreement; and
iii. Neither the execution of this Agreement nor the performance of the
obligations contemplated hereby will (i) result in a breach or default under any agreement to
which it is a party or (ii) violate any restriction, court order, or agreement to which it is subject.
c. The Parties mutually represent that they intend all actions to be undertaken
pursuant to this Agreement to be legal and in accordance with applicable law, including such
laws as may be established through their respective home rule powers.
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IN WITNESS WHEREOF, the City and the Village have caused this Agreement to be
signed and attested by their duly authorized representatives.
VILLAGE OF METTAWA THE CITY OF LAKE FOREST
By:___________________________ By:___________________________
Village President Mayor
ATTEST: ATTEST:
______________________________ ______________________________
Village Clerk City Clerk
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EXHIBIT A
Depiction of Lake Forest Oasis Property
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THE CITY OF LAKE FOREST
RESOLUTION NO. ____________
A RESOLUTION APPROVING AN UPDATED REAL ESTATE RIDER
WHEREAS, The City of Lake Forest (the “City”) is a home rule special charter
municipality established and existing in accordance with the Constitution of the State of Illinois
of 1970; and
WHEREAS, the City has a long tradition of protecting and preserving the community’s
distinctive character by thoughtful planning and the adoption of certain policies and Code
provisions to preserve and protect the community’s character; and
WHEREAS, the City also has a tradition of working closely with property owners to
provide assistance and guidance through the Board, Commission and permit approval
processes; and
WHEREAS, on November 19, 1998, the City Council approved a Real Estate Rider for
the purpose of informing home buyers of the City’s long-time interest in preserving the character
of the community and protecting property values while at the same time, allowing the community
to grow and change, and the processes that have been put in place to achieve the proper
balance; and
WHEREAS, the City was encouraged by local real estate professionals to review and
update the Real Estate Rider and an updated Rider was prepared with the input received; and
WHEREAS, the City Council has determined that it is in the best interest of the City and
its residents to provide information to home buyers through an updated Real Estate Rider;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows:
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SECTION ONE: RECITALS. The foregoing recitals are incorporated in, and made a
part of, this Resolution by this reference as findings of the City Council of The City of Lake
Forest.
SECTION TWO: APPROVAL OF UPDATED REAL ESTATE RIDER. The updated
Real Estate Rider, attached as Exhibit A to this Resolution, is hereby approved.
SECTION THREE: DIRECTION TO STAFF. City staff is directed to distribute copies of
the updated Real Estate Rider to local Real Estate Professionals and enlist their assistance in
providing it to home buyers and potential home buyers. City staff is further directed to post the
updated Real Estate Rider on the City’s website.
SECTION FOUR: EFFECTIVE DATE. This Resolution shall be in full force and effect
upon the passage and approval.
PASSED THIS 17th DAY OF FEBRUARY, 2015.
AYES:
NAYS:
ABSENT:
APPROVED THIS 17th DAY OF FEBRUARY, 2015.
_______________________
Mayor
ATTEST:
______________________
City Clerk
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