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CITY COUNCIL 2015/04/06 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA April 6, 2015 at 6:30 pm City Hall Council Chambers Ask for a Motion to appoint Alderman Beidler as Acting Mayor 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. Deer Path Art League & Gallery Emerging Artists Awards -Jillian Chapman, Gallery Director 2. COMMENTS BY CITY MANAGER A. Community Spotlight Lake Forest Open Lands -John Sentell, President 3. COMMENTS BY COUNCIL MEMBERS . PUBLIC WORKS COMMITTEE 1. Consideration of an Ordinance Amending Section 51.045 of the City Code, Water Wells as Recommended by the Public Works Committee. (First reading) PRESENTED BY: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Consideration of an amendment to the City Code to allow the use of water wells for irrigation purposes with some limitations. Council consideration of first reading of the Ordinance is requested based on a recommendation in support of the amendment from the Public Works Committee. 1 April 6, 2015 City Council Agenda PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee July 8, 2014 Reviewed Water Well Data Public Works Committee November 19, 2014 Reviewed Draft Code Amendment Public Works Committee March 4, 2015 Distributed Updated Code Amend. Public Works Committee April 6, 2015 Reviewed Final Draft Code Amend. BACKGROUND: Over the past nine months, to further address irrigation demands during high use periods, staff was directed to draft language to allow water wells on larger parcels of private properties (residential and non-residential). Currently, the City Code allows wells to be installed only upon review of each individual request and special approval from the City. Historically, the City has not approved wells on residential properties and has only approved wells in limited cases on non-residential properties, for example, golf courses and office developments, or to irrigate common areas within subdivisions. The proposed amendment will establish specific standards for water wells. The impetus for allowing wells, under certain conditions for irrigation, is the increasing number of irrigation systems being installed on single family residential properties. Over the past fifteen years, 1,130 irrigation systems and 340 pools have been installed. The number of irrigation systems and pools that exist today far exceeds the number anticipated when the water plant was updated in 2002. Irrigation systems put considerable stress on the City’s water delivery system during hot, dry periods in the summer months, precisely when the demand for water is at its peak. The Public Works Committee reviewed the initial draft of the proposed Code amendment. Based on the direction from the Committee, modifications were made and a second draft was presented for their review and input. Generally, the amendment as drafted, would allow owners of large properties, or properties with unique and extensive garden features, to apply for a well permit. Importantly, the proposed amendment has not yet been reviewed as to form and specific language by the City Attorney. If the Council supports the direction of the proposed amendment, the draft Ordinance will be reviewed and edited by the City Attorney and presented later to the Council for final consideration. BUDGET/FISCAL IMPACT: Depending upon the number of wells installed, water revenues would decrease as larger water customers use less of the City’s potable water supply. Staff conducted an analysis to identify, in general, the number of properties that potentially could meet the requirements for a well. It is expected that the number of property owners who may choose to take advantage of the opportunity to install a private well will be limited, but that number could be sufficient to alleviate demand on the water plant at critical times. The estimated number of residential properties that may meet the requirements for private wells is 41 with an estimated annual revenue loss of $42,360 (estimated loss does not take into account the fixed rate, meter size, or the tiered water rate). However, only 18 of the 41 properties have an existing irrigation system that could potentially be tied into a well. The remaining properties would have to bear the expense of installing an irrigation system and a well. 2 April 6, 2015 City Council Agenda A draft of the Ordinance as recommended by the Public Works Committee is included in the Council packet on page 24. A copy of the current Code relating to wells is also included in the Council packet. COUNCIL ACTION: Grant first reading of an Ordinance amending Section 51.045, Water Wells to permit private wells under certain conditions. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the March 16, 2015 City Council meeting Minutes A copy of the minutes begins on page 31. 2. Check Register for period February 21-March 27, 2015 Fund Invoice Payroll Total General 554,765 1,542,146 2,096,911 Water & Sewer 69,042 161,080 230,122 Parks & Recreation 142,115 414,292 556,407 Capital Improvements 346,553 0 346,553 Motor Fuel Tax 0 0 0 Cemetery 9,772 24,025 33,797 Senior Resources 27,604 30,823 58,427 Deerpath Golf Course 28,604 2,352 30,956 Fleet 104,629 56,385 161,014 Debt Funds 500 0 500 Housing Trust 0 0 0 Park & Public Land 8,425 0 8,425 All other Funds 235,665 209,946 445,611 $ 1,527,673 $ 2,441,049 $ 3,968,722 3. Resolution of Sympathy for former Police Sergeant Jim Rogers A copy of the Resolution can be found on page 40. COUNCIL ACTION: Approve the Resolution 4. Consideration of an Ordinance Amending Various Sections of the City Code Related to Plumbing as Recommended by the Construction Codes Commission. (Final Approval) 3 April 6, 2015 City Council Agenda STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The first in a series of amendments to Chapter 150, Buildings, of the City of Lake Forest Code, is presented for City Council consideration. On March 16, 2015, the Council granted first reading of this Ordinance. As a follow up to approval of first reading, the draft Ordinance was reviewed by the City Attorney as to form, accuracy of references and language. The final Ordinance, as revised by the City Attorney, is included in the Council packet beginning on page 41. A black line of the Ordinance is also included in the packet as background information. BACKGROUND: Earlier this year, the Council approved the re-codified City Code setting the stage for consideration of amendments and updates to various sections of the Code. The City’s Construction Codes Commission has been conducting public meetings over the last several months to consider amendments to the Buildings Chapter of the City Code. In the past, the City has adopted updated State and International Codes every 6 to 10 years but maintained a significant number of local amendments, essentially stricter provisions, in the City’s Code. In recent years the State and International Codes have become more widely accepted and the Construction Codes Commission is moving in the direction of significantly reducing the number of local amendments. This agenda item is the first of several that will be presented to the Council in the coming months in support of updating and simplifying the City’s Code provisions relating to buildings. The first Code sections presented for Council consideration relate to plumbing. In 2014, the State of Illinois adopted an updated Plumbing Code, replacing the 2005 State Plumbing Code. After thorough review, the Construction Codes Commission determined that the updated State Code adequately covers many of the provisions in the local amendments and recommends adoption of the 2014 State of Illinois Plumbing Code and elimination of duplicative language from the City’s Code. The only substantive change recommended by the Construction Codes Commission is the elimination of the City’s requirement for cast iron waste and vent pipes. This requirement has been the subject of much discussion and debate over the last 20 years and the Commission concluded that today, acceptable alternative materials and processes are available to replace cast iron if desired by a homeowner or builder. The use of cast iron pipe versus plastic pipe is recognized as one of quality. Based on the Commission’s recommendation, a requirement for sound buffering is incorporated into the Code in conjunction with the use of plastic pipe. COUNCIL ACTION: Grant final approval of an Ordinance amending various sections of Chapter 150, Buildings, as it relates to plumbing. 5. Ratification of Prior City Council Actions from February 17, 2015 and March 16, 2015: 4 April 6, 2015 City Council Agenda a. An Ordinance Granting a Variance from Side Yard Setback Requirements for Property Located at 425 Illinois Road (originally approved 2/17/15); b. An Ordinance Granting a Variance from Front Yard Setback Requirements for Property Located at 1450 Old Mill Road (originally approved 2/17/15); c. An Ordinance Granting a Variance from Steep Slope Setback Requirements for Property Located at 367 Edge Drive (originally approved 2/17/15); d. An Ordinance Granting Floor Area Exceptions for the Property Located at 815 Barberry Lane (originally approved 2/17/15); e. Approval of Purchase of 1,060 tons of road salt from North American Salt in the amount of $75,582.00 (originally approved 3/16/15); f. An Ordinance Approving Architectural and Site Design for the Property Located at 101 E. Louis Avenue (originally approved 3/16/15); g. An Ordinance Approving a New Student Union and Partial Demolition of a Dormitory at lake Forest Academy, 1500 Kennedy Road (originally approved 3/16/15); h. An Ordinance Granting Floor Area Exceptions for the Property Located at 338 E. Westminster (originally approved 3/16/15); and i. An Ordinance Granting a Special Use Permit Authorizing Northshore University Healthsystem to Establish Medical Offices in an Existing Building at 915 S. Waukegan Road. The foregoing items were previously approved by the City Council at its meetings on 17 February 2015 and 16 March 2015. Because those meetings were attended by only five aldermen and the Mayor, it is desirable to have the aldermen ratify these items on behalf of the City Council to ensure that all formalities of adoption have been satisfied. COUNCIL ACTION: That the City Council ratify the prior approvals of the nine items listed. 6. Award of the Lake Forest portion of the 2015 Joint Concrete Pavement Patching Contract. STAFF CONTACT: Robert Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff requests awarding the Lake Forest share of the 2015 Joint Concrete Pavement Patching Contract to Schroeder & Schroeder Inc. 5 April 6, 2015 City Council Agenda BACKGROUND/DISCUSSION: This project entails replacing defective sections of concrete streets which have deteriorated beyond routine maintenance and repair. The concrete street targeted for repairs under this year’s program is Oak Knoll Drive from Arbor Lane to the Cul-de-sac. City staff has previously briefed the Council on the Municipal Partnership Initiative (MPI), a program that takes advantage of economies of scale, for securing low bid prices, among neighboring municipalities who bid similar projects each year. This year, the City joined forces with Kenilworth, Glenview and Highland Park to do a joint bid for the 2015 Joint Concrete Pavement Patching Contract. BUDGET/FISCAL IMPACT: The project was bid in early March with the bids opened on March 11, 2015. Five bids were received for the joint project. The bid price consists of bid quantities that are to be completed by all municipalities as part of their respective program. The breakdown of the bid specific to Lake Forest bid items are summarized below: BIDDER TOTAL BID PRICE Schroeder & Schroeder $57,978.00 D Land $79,000.00 ALamp $79,859.50 G&M Cement $88,931.00 Alliance $103,257.00 The low bidder for the combined bid, Schroeder & Schroeder Inc., has considerable experience working in Lake Forest and has been performing projects in a satisfactory manner. If awarded, work on this project is expected to begin in June and be completed in August. Upon award of the contract, all municipalities will meet with the contractor to get a tentative schedule for each community. The property owners near the vicinity of the construction work for Lake Forest portion of the 2015 Concrete Pavement Patching Contract will be notified in advance of the start of construction. The City website, under Construction Updates, will also provide the details of the construction schedule. A map depicting the intermittent concrete pavement repair areas can be found on page 52. Below is an estimated summary of Project budget: FY2016 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund 311-0050-417-67-41 $75,000 $75,000 Y 6 April 6, 2015 City Council Agenda COUNCIL ACTION: Staff recommends awarding the 2015 Joint Concrete Pavement Patching Contract to Schroeder & Schroeder Inc. in the amount of $75,000. 7. Award of Bid for the Replacement of a ½-Ton Extended Cab Pick-Up Truck for the Forestry Section Included in the FY2016 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of unit #603, a 2004 Chevrolet pickup truck used by the Forestry Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in the local newspapers, and placed all specifications on the City’s website. If the bid is awarded by City Council this evening, staff anticipates receiving the replacement truck by September 2015. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 10, 2014 Reviewed BACKGROUND/DISCUSSION: The current unit #603 is a 2004 Chevrolet ½-ton pickup truck with approximately 132,000 miles. It is a utility pick-up truck that is used throughout the Section’s operations. It carries tools for multiple Forestry activities to include small engine equipment, climbing gear, and pruning tools. Mechanically, the truck has recently had issues with its water pump, inner tie rod ends, starter, and power steering pump. The truck’s brake and fuel lines are beginning to show signs of rot, and the doors’ rocker panels are in need of replacement. BUDGET/FISCAL IMPACT: As previously noted, all required bidding procedures were adhered to and the following bids were received on March 19, 2015: Dealership Bid Trade Net Bob Fish Buick/GMC $28,701 $3,680 $25,021 Palmen GMC $28,647 $2,500 $26,147 Ray Chevrolet $28,034 $1,800 $26,234 The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repair services and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. 7 April 6, 2015 City Council Agenda FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Parks & Rec. Fund 223-5774-452-75-01 $30,000 $25,021 Y COUNCIL ACTION: Award of purchase for the replacement of pick-up truck #603 to the lowest responsible bidder, Bob Fish Buick/GMC in the net amount of $25,021. This is $4,979 under the budgeted amount of $30,000. Savings from this truck will offset the overage of another Parks & Recreation vehicle being purchased in F.Y. 2016. 8. Award of Bid for the Replacement of a ¾-Ton Extended Cab Pick-Up Truck for the Parks Section Included in the FY2016 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of unit #323, a 1998 Chevrolet pick-up truck used by the Parks Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in the local newspapers, and placed all specifications on the City’s website. If the bid is awarded by City Council, staff anticipates receiving the replacement truck by September, 2015. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 10, 2014 Reviewed BACKGROUND/DISCUSSION: The current unit #323 is a 1998 Chevrolet ¾-ton pickup truck with approximately 102,500 miles. The truck is used for various park maintenance activities throughout the entire year. It typically tows a trailer with ground maintenance equipment and carries tools for daily field preparation. The entire unit has significant rust (cab floor, rocker panels, under carriage, brake lines, etc.) The pick-up bed is badly dented and warped from extensive heavy use. The truck had its transmission rebuilt last year and its fuel and transmission cooler lines are in need of replacement. BUDGET/FISCAL IMPACT: As previously noted, all required bidding procedures were adhered to and the following bids were received on March 19, 2015: Dealership Bid Trade Net Bob Fish Buick/GMC $47342 $1,110 $46,232 Ray Chevrolet $48,303 $500 $47,803 Palmen GMC $48,423 $500 $47,923 The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working 8 April 6, 2015 City Council Agenda relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repairs and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Park & Rec. Fund 223-5774-452-75-01 $45,000 $46,232 Y COUNCIL ACTION: Award of bid for the replacement of pick-up truck #323 to the lowest responsible bidder, Bob Fish Buick/GMC, in the net amount of $46,232. This is $1,232 over the budgeted amount of $45,000. The overage will be paid for from savings realized in other Parks & Recreation equipment purchased in F.Y. 2016. 9. Award of Bid for the Replacement of a Parking Scooter for the Police Department Included in the FY2016 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of unit #22, a 2000 GO-4 Interceptor 3 used by the Police Department. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in the local newspapers, and placed all specifications on the City’s website. If the bid is awarded by City Council, staff anticipates receiving the replacement scooter by June, 2015. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 10, 2014 Reviewed BACKGROUND/DISCUSSION: The current unit #22 is a 2000 GO-4 Police Interceptor 3 with approximately 11,500 hours. The scooter is used for various parking enforcement responsibilities throughout the City. It is also used for traffic control during major events (e.g. 4th of July Fireworks, Lake Forest Day, etc.). The fifteen year old scooter has had recent issues with its accelerator cable, brake lines, and radiator. In addition, there are various exhaust system components that need to be replaced to include the main exhaust pipe and the catalytic converter. BUDGET/FISCAL IMPACT: As previously noted, all required bidding procedures were adhered to and the following bid was received on March 19, 2015: Dealership Bid Trade Net M&M Golf Cars $35,041 $1,000 $34,041 9 April 6, 2015 City Council Agenda The City’s currently utilizes two GO-4’s for its parking enforcement. This unit has been reliable for the past fifteen years and staff recommends continuing the use of the GO-4 product. Its ease of maneuverability enables the City’s CSO officers to move quickly through a parking lot or the CBD. Staff sent bids to dealers in multiple states but since the GO-4 product line is territorial, the City only received one bid. FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General Fund 311-5001-450-75-49 $26,000 $34,041 Y COUNCIL ACTION: Award of bid for the replacement of Police Department’s Parking Scooter # 22 to M&M Golf Cars in the amount of $34,041; this is $8,041 over the budgeted amount of $26,000. The overage will be covered by other F.Y. 2016 general fund capital equipment purchases that are under budget. 10. Award of Bid for the Replacement of Four Refuse Scooters for the Sanitation Section Included in the FY2016 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of four refuse scooters. The four units are 2005, 4-wheel Jacobsen Trucksters that are used daily in the City’s refuse, yard waste, and recycling collection programs. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in the local newspapers, and placed all specifications on the City’s website. If the bid is awarded by City Council, staff anticipates receiving the replacement scooters in June, 2015. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 10, 2014 Reviewed BACKGROUND/DISCUSSION: The Sanitation Section has in its fleet, eleven refuse scooters. The units are not only used for daily Sanitation operations, but in addition, they assist clean-up efforts after special events and small projects that require frequent stops (e.g. mosquito larva abatement in catch basins, pre-winter sidewalk tree trimming, etc.). Each of the four scooters requested to be replaced have accrued over 10,000 hours and have proven to be durable for the severe application they are used for each day. Over the scooters’ ten years of use, various parts have been replaced to include clutches, transmissions, axles, ball joints, control arms, etc. These units have surpassed their expected life of six to seven years and are only one of a few products that provide the maneuverability and speed the daily operation requires to collect material from 3,200 homes. 10 April 6, 2015 City Council Agenda BUDGET/FISCAL IMPACT: As previously noted, all required bidding procedures were adhered to and the following bid was received on March 19, 2015: Dealership Bid Trade Net Burris Equipment $74,900 $0 $74,900 The hydraulics and dump bodies on the current units will be removed and re-installed by City Fleet personnel on the new scooter chassis. There is therefore no trade-in value to the dealer, so the old scooter chassis will either be kept for parts or sold this fall in the City’s annual equipment sale. Staff sent bids to dealers in multiple states but since the Jacobsen Turf Truckster product line is territorial, the City only received one bid. FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General Fund 311-5001-450-75-49 $80,000 $74,900 Y COUNCIL ACTION: Award of bid for the replacement of four refuse scooters to Burris Equipment in the amount of $74,900; this is $5,100 under the budgeted amount of $80,000. The $5,100 savings will be used to offset any overages in other F.Y. 2016 general fund capital equipment purchases. 11. Award of Bid for the Replacement of a ¾-Ton Regular Cab Pick-Up Truck for the Water & Sewer Utilities Section Included in the F.Y. 2016 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of unit # 908, a 2003 Chevrolet pick-up truck used by the Water & Sewer Utilities Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in the local newspapers, and placed all specifications on the City’s web site. If the bid is awarded by City Council, staff anticipates receiving the replacement truck by September, 2015. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 10, 2014 Reviewed BACKGROUND/DISCUSSION: The current unit #908 is a 2003 Chevrolet ¾-ton 4WD pick-up truck with approximately 103,000 miles. It is primarily used for hauling the Section’s heavier loads to include manhole rings, basin frames, stone, and various minor pieces of equipment for water and sewer repairs. The unit also assists with the annual snow removal program. 11 April 6, 2015 City Council Agenda The truck’s exhaust manifold, transmission cooler lines, brake lines, rocker panels, cab floor, and fuel lines are all significantly rotted. In addition, the truck is in need of front wheel bearings and hubs. BUDGET/FISCAL IMPACT: As previously noted, all required bidding procedures were adhered to and the following bids were received on March 19, 2015: Dealership Bid Trade Net Bob Fish Buick/GMC $49,045 $5,960 $43,085 Palmen GMC $50,080 $4,000 $46,080 Ray Chevrolet $49,373 $2,500 $46,873 The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repair services and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Water Fund 508-0001-433-75-02 $45,000 $43,085 Y COUNCIL ACTION: Award of purchase for the replacement of pick-up truck # 908 to the lowest responsible bidder, Bob Fish Buick/GMC in the net amount of $43,085, this is $1,915 under the budgeted amount of $45,000. 12. Approval to Waive the Competitive Bidding Process to Purchase a New Basin Ramp STAFF CONTACT: Rich Paulsen, Parks Supervisor, 810-3567 PURPOSE AND ACTION REQUESTED: Staff is requesting to waive the competitive bid process and award the purchase of a basin ramp to Team REIL Inc. the regional distributor of EZ-Dock system as an affiliated member of the National Joint Powers Alliance (NJPA). The NJPA is a public municipal contracting agency that provides contracting for over 40,000 members throughout the nation with competitively awarded purchasing solutions with leading vendors. NJPA awarded EZ-Dock’s parent company, PowerPlay, national contracts for playground and recreation related equipment, accessories and supplies. In order to take advantage of the competitive purchasing opportunities through NJPA and like organizations, the City became a member in January 2010. Membership is available to government, education, and non-profit agencies located in all 50 states at no cost, liability, or obligations. The City used NJPA’s competitive purchasing two years 12 April 6, 2015 City Council Agenda ago for the purchase of fitness equipment and Neptūn LED retrofit lamps for the Public Works Department. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Parks and Recreation Board 03/17/15 Recommend Approval BACKGROUND/DISCUSSION: As part of FY ‘09 capital plan, 2,316 sq. ft. of floating boat dock was installed. Bid specifications requested a docking system made from solid plastic composite materials, sealed flotation and had a nonskid composite material that does not heat up during hot days. Additionally, these docks were environmentally friendly as it would not release harmful chemicals into the water as treated lumber can often do. This docking material would not rot, extending the life of the entire system. Three vendors provided bids and the contract was awarded to Team REIL, Inc. The basin ramp was not replaced as part of the FY ‘09 bid. The ramp is original to the 1987 construction of the basin. It has been through several rehabs as the wood is exposed to the elements and sits in water for more than 7 months of the year. The ramp has wood planks and hardware that need replacement prior to the start of the season. Due to wave action and heavy seasonal usage, these planks and hardware can become loose creating trip hazards. The new EZ Dock ramp will eliminate these trip hazards and the ongoing maintenance that is required by the wood ramp. Staff is requesting to purchase, through NJPA, the basin ramp from EZ-Docks the same manufacturer of the FY ‘09 system. There are several advantages to purchasing the same system. 1. Consistency – Consistency of materials allows for maintaining aesthetics throughout the basin and efficiency for repairs as parts and tools would be similar. 2. Familiarity - Staff has worked with the EZ Dock system for 7 years. Installation and removal will be quick and efficient. 3. Interchangeable – If a section of the ramp needs to be replaced due to an unforeseen accident, a similar section from another part of the basin could be used. This would ensure the ramp be operational at all times. BUDGET/FISCAL IMPACT: As part of the City’s Capital Improvement Program Budget, $50,000 dollars has been budgeted for FY ‘16. Delivery and installation will be scheduled for after May 1, 2015. FY2015 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Park & Public Land Fund $50,000 $28,787.06 Y COUNCIL ACTION: Approval to waive the competitive bid process and award the purchase of the basin ramp to TEAM Reil, Inc. in the amount of $28,787.06. 13 April 6, 2015 City Council Agenda 13. Award Contract for Recreation Department Tennis Program STAFF CONTACT: Jason Busdeker, Fitness Center Manager (810-3934) PURPOSE AND ACTION REQUESTED: Staff requests approval to award three year contract for the provider of the Recreation Department Annual Tennis Program. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Parks and Recreation Board 5/20/14 Recommend Approval of Contract BACKGROUND/DISCUSSION: College Park Athletic Club has been the current provider of the Recreation Department’s Annual Tennis Program since 2010. Public notice to solicit bids was published on February 19, 2015 with a bid opening date of March 6, 2015. In addition to public notices, bid packets were delivered to the four tennis clubs in the area. The bid packets were sent to: College Park Athletic Club, Midtown Athletic Club, Racquet Club of Lake Bluff and The Libertyville Club. Staff received two (2) bids. Bid results were as follows. Company Proposed Revenue Share Midtown Athletic Club 85/15 (85% of revenue to provider & 15% to Rec Dept.) College Park Athletic Club 80/20 (80% of revenue to provider & 20% to Rec Dept.) The Parks and Recreation Board along with Staff recommend awarding the three year contract to provide the Recreation Department Annual Tennis Program to College Park Athletic Club. College Park proposed a more favorable revenue sharing option and has proven their ability to provide a successful tennis program to the Lake Forest Community. In addition to working with Lake Forest Recreation Department, College Park is also a service provider for the Rockford Park District. Midtown Athletic Club was unable to provide a reference from a municipal recreation department or park district. Staff feels College Park Athletic Club is the best choice to continue as the provider of the Recreation Department Annual Tennis program. COUNCIL ACTION: Award of three year contract to College Park Athletic Club to provide the Recreation Department’s Annual Tennis Program. 14. Approval of Contract for Annual Grounds Maintenance Services in Parks FY ‘16 Budget STAFF CONTACT: Rich Paulsen, Parks Supervisor, 810-3567 14 April 6, 2015 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff is seeking approval to enter into a one year contract with Landscape Concepts Management, Inc. to provide mowing and ground maintenance services to multiple City-owned properties for FY ‘16. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Parks and Recreation Board 03/17/15 Recommend Approval BACKGROUND/DISCUSSION: In FY ’15, staff conducted an expansive bid that included the mowing and additional grounds maintenance of the 14 City property areas and 127 cul-de-sacs along with the mowing only of 18 City right-of-ways. Additional grounds maintenance includes lawn care, weed control, and bed maintenance. The bid was expanded to include a 3-year option and was awarded to Landscape Concepts. Staff has been very pleased with the performance of Landscape Concepts and would like to continue to a second year contract with them which would include a 3% increase. BUDGET/FISCAL IMPACT: Funding for the annual grounds maintenance contract is budgeted in the Parks Fund 220 operating budget. The results of the bid process confirm that outsourcing mowing and ground maintenance of these areas is fiscally beneficial. City Properties City Cul-de- Sacs City Right-of- Ways TOTALS Landscape Concepts – FY ‘16 $ 22,082 $ 19,323 $ 16,109 $ 57,514 Landscape Concepts was the low bidder for all three of the contract years and was awarded the contract for FY ’15, therefore staff would like to move forward in awarding the second year of the three year contract to them. Landscape Concepts has considerable experience working in Lake Forest and has had excellent references for similar work with surrounding communities. Below is an estimated summary of Project budget: FY ’15 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Parks & Forestry Operating Fund 220 $ 75,000 $ 57,514 Y COUNCIL ACTION: Approval to award a one year contract to Landscape Concepts in the total amount of $57,514 for FY’16 for the grounds maintenance of City properties, cul- de-sacs, and right-of-ways. 15. Approval of FY ‘16 Contract for Emerald Ash Borer Tree and Stump Removals 15 April 6, 2015 City Council Agenda STAFF CONTACT: Peter Gordon, City Forester (810-3563) PURPOSE AND ACTION REQUESTED: Staff is seeking approval to enter into a one year contract with Kinnucan Tree Experts, Trees “R” Us, Inc. and Clean Cut Tree Service to provide tree and stump removal for ash trees on City streets, City-owned properties, and unimproved easements. Staff is recommending the approval of the three lowest bidders. This has allowed the Forestry Section to call upon multiple vendors simultaneously to abate the hazards associated with Emerald Ash Borer (EAB). Kinnucan Tree Experts the low bidder will perform most of the tree and stump removals. Trees “R” Us, Inc. and Clean Cut Tree Service would be utilized as back up contractors in the event Kinnucan Tree Experts is unable to keep up with demand. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Parks and Recreation Board 03/17/15 Recommend Approval BACKGROUND/DISCUSSION: Discovered in Lake Forest in 2009 Emerald Ash Borer (EAB) has put every ash tree within the community at risk of infestation. When ash trees become infested they become unhealthy and/or pose a threat to the public health or safety or public properties. The city has removed approximately 5,395 ash trees within City facilities, parks and unimproved easements. Recent surveys have suggested that approximately 1700 additional infested ash trees will need to be removed this year. BUDGET/FISCAL IMPACT: Funding for the annual tree and stump removal contract is budgeted in the Capital Fund 311, Capital Projects. The results of the bid process confirmed that outsourcing a portion of the tree and stump removals will be cost efficient as well as aide in the timely removal of infested and hazardous trees. Staff received five (5) bids for the tree and stump removals detailed below: Trees 6”-15.9” Approx. 3,100 in. Trees 16”-29.9” Approx. 1,600 in. Trees over 30” Approx. 400 in. Kinnucan Tree Experts $20.50 $23.00 $27.50 Trees “R” Us, Inc. $19.00 $28.35 $35.00 Clean Cut Tree Service $18.70 $29.00 $49.00 Nels Johnson Tree Experts $21.50 $46.00 $69.00 Homer Tree Care $28.00 $56.00 $90.00 *Prices are based on per inch of tree diameter to include stump removal and restoration Kinnucan Tree Experts was the low bidder and has experience working in Lake Forest and has satisfactorily performed other projects for The City. Trees “R” Us, Inc. has not worked for The City of Lake Forest but has been the low bidder for the City of Highland Park and has met all of their contractual obligations in the past. Clean Cut Tree Service has worked for The City as well. Below is an estimated summary of Project budget: 16 April 6, 2015 City Council Agenda FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund 311 $ 190,000 $ 190,000 Y COUNCIL ACTION. Approval of a one year contract to, Kinnucan Tree Experts, Trees “R” Us, Inc. and Clean Cut Tree Service in the total amount of $190,000 for FY ‘16 tree and stump removal of ash trees on City streets, City-owned properties and unimproved easements. 16. Award of Bid for the Municipal Services Lightning Protection Project Included in the F.Y. 2015 CIP Budget STAFF CONTACT: Dan Martin , Superintendent of Public Works (847-810-3561) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award the bid for the Municipal Services Lightning Protection Project to Pro Lightning Protection. The project will include the design and installation of a lightning protection system to the Municipal Services Buildings. The project is tentatively scheduled for completion by the end of April 2015. BACKGROUND/DISCUSSION: During construction of the Municipal Services Building in 2009 it was determined that the funding to provide lightning protection for the buildings was not within the capital project’s budget parameters and could be installed at a later date. Staff is recommending the Municipal Services Building be protected because it houses the City’s main computer network along with vehicles and equipment used to respond to snow, wind and rain storm events. There are approximately 17 other City facilities that have lightning protection. Lightning strikes can cause considerable damage to buildings and the electronic equipment inside (e.g. computer equipment, solid state mechanical controls and alarm panels). Installing a lightning protection system safely transfers the electrical energy from a lightning strike away from the building and into the ground where it is safely discharged. BUDGET/FISCAL IMPACT: On March 20, 2015, staff received the following bids for this project. Company Bid Amount Pro Lightning Protection $33,625.00 HLP Systems, Inc. $49,000.00 After a detailed review of the bids by staff, Pro Lightning’s proposal met all of the required project specifications and their references gave favorable responses. In the past Pro Lightning has installed lightning protection systems at the beach facilities, South Park, West Park, Northcroft and Townline Park. Their work was good and completed on time. 17 April 6, 2015 City Council Agenda FY2015 Funding Source Account Budget Amount Requested Budgeted? Y/N CIP $40,000 $33,625.00 Y COUNCIL ACTION: Award of bid to Pro Lightning in the amount of $33,625.00. 17. Award of Bid for the Municipal Services Epoxy Floor System Included in the F.Y. 2015 CIP Budget STAFF CONTACT: DAN MARTIN, SUPERINTENDENT OF PUBLIC WORKS (847-810-3561) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award the bid to purchase epoxy floor materials for the Municipal Services Building to ROCK- TRED. The project utilizes in-house staff to install an epoxy floor coating to the sanitation garage and the wash bay (approximately 16,400 SF) located at the east portion of the Municipal Services garage. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council Meeting October 6, 2014 Staff requests removing item from agenda to examine using in- house staff to install flooring. City Council Meeting October 20, 2014 Staff recommended the epoxy flooring system be installed using in-house resources. BACKGROUND/DISCUSSION: Towards final construction of the Municipal Services Building in 2009 it was determined that the cost of a long term floor coating system for the garages (totaling 60,000 SF) was not within the project’s budget parameters. A clear concrete sealant was applied to the floors to protect them until a long term epoxy solution could be installed. Over the past five years the clear sealant has been worn away by dirt, salt, and everyday vehicle traffic, to a point where the concrete is showing signs of damage in some areas. Staff is recommending applying a 1/8th inch epoxy floor system. The flooring system consists of four layers: one primer layer, two layers of colored epoxy with silica aggregate to reduce slippage, and a protectant topcoat. The layered floor system will allow us to re- apply the clear topcoat every 4-5 years to protect the main body of the system, providing a long term maintainable floor system. The staff in Building Maintenance has been trained on how to install epoxy floor systems and will continue to work with the manufactures training representative to ensure high quality results are achieved. Recognizing that the combined square footage of the garages is 60,000 square feet, staff divided the proposed project into phases over next several years. Phasing the work will 18 April 6, 2015 City Council Agenda have less impact on the in-house team installing the system and be less disruptive to municipal operations. The first phase scheduled for this spring consists of the sanitation garage and wash bay which is approximaetly16, 400 square feet. Other phases include epoxying the main garage area and the fleet garage. BUDGET/FISCAL IMPACT: This project was originally bid to have a flooring contractor install the epoxy flooring system. The low qualified bid to have a turnkey epoxy floor system installed by a contractor was $87,784.04 or $5.35/SF. Just prior to the October 6, 2014 City Council Meeting a question was raised to consider using in-house staff to install the epoxy floor for a savings. Further examination resulted in staff recommending to City Council on October 20, 2014 to return to City Council at a later date with a request to purchase epoxy materials and use in-house staff to install the epoxy floor system. The cost savings to purchase the epoxy materials and use in-house staff to apply the epoxy floor system is $25,300.04 ($87,784.04 - $62,484 = $25,300.04). The below chart shows the City’s estimated per square foot costs. In order to achieve a quantity discount, the requested quantity for epoxy flooring materials in the bid was set at 25,000 SF. The epoxy has a 2 year shelf life and the remaining 8,600 SF (25,000 – 16,400 = 8,600) of material will be used in the next phase. Staff also recommends contracting the floor shot blasting based on the large area to be done and the specialty equipment needed. Description In-House Costs / SF Epoxy Floor Materials $2.35 Floor Shot Blasting $0.75 In-House Labor $0.56 Minor Materials & Supplies $0.15 Totals $3.81 x 16,400 SF = $62,484.00 On March 20, 2015, staff received the following bids for epoxy materials. Company Bid Amount ROCK-TRED $58,747.75 Flowcrete Americas $61,911.09 Protective Industrial Polymers $72,563.05 After a detailed review of the bids by staff, ROCK-TRED’s bid met the specifications and their references gave favorable responses. The ROCK-TRED flooring system uses high quality chemical components designed to provide very good abrasion and chemical resistance, UV protection, durability and workability for the applicator. FY2015 Funding Source Account Budget Amount Requested Budgeted? Y/N CIP $80,000 $58,747.75 Y COUNCIL ACTION: Award of bid for epoxy floor materials to Rock-Tred in the amount of $58,747.75. 19 April 6, 2015 City Council Agenda 18. Award of Bid for the Operation of the City’s Compost Facility STAFF CONTACT: Dan Martin, Superintendent of Public Works (847-810-3561) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval for an agreement to manage the yard waste processing at the City’s Compost Center. The current three year agreement with P. Clifford Miller, Inc. will expire on April 15, 2015. BACKGROUND/DISCUSSION: On July 1, 1990, the State banned the disposal of yard waste from all landfills. Since this time, the City has managed its own material at the Route 60 Compost Facility. During the past three years, the grinding, turning, testing, and screening of the compost have been performed by P. Clifford Miller, Inc. Their performance over the past three years has been good with no annual increase to the contract. With the agreement at the end of its term, staff received the following bid on March 30, 2015: Company Operate / Transfer Bid Amount P. Clifford Miller Operate $107,940 BUDGET/FISCAL IMPACT: The invitation to bid was advertised in the newspaper, and twelve invitations were mailed to contractors for them to either process the approximate 7,000 compacted yards of yard waste on site or provide transfer trailers to the City to have its yard waste delivered and processed at a different licensed compost facility. Staff is recommending that the City continue its compost operation with P. Clifford Miller, Inc. for an annual savings of $7,260 ($115,200 - $107,940 = $7,260). The annual cost reduction is primarily due to extending the agreement from three to five years, reducing the contractors risk for a return on their capital investments necessary to operate the site. The draft agreement is found on page 53 of this packet. Staff is recommending that City Council approve a five year agreement with the option to renew for an additional one-year extension for two years upon agreement by both parties. After five years each additional year could have a possible negotiated increase equal to or less than the determined C.P.I. FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General 101-5245-432-35-10 $115,200 $107,940 Y COUNCIL ACTION: Based on the lowest responsible bidder, staff recommends that P. Clifford Miller, Inc. be awarded the agreement to operate the City’s Compost Facility for the monthly flat rate of $8,995 (this equates to $107,940 annually). Staff further recommends that an option be approved to renew the contract for an additional one- year extension for two years. After five years each additional year could have a possible negotiated increase equal to or less than the determined C.P.I. 20 April 6, 2015 City Council Agenda COUNCIL ACTION: Approve the eighteen (18) Omnibus items as presented. 6. ORDINANCES 7. NEW BUSINESS 1. Consideration of an Intergovernmental Agreement (IGA) with the Lake County Forest Preserve District and Lake Forest Academy for a project to provide a Pedestrian Bridge and Trail Connection from the Middlefork Savanna to Townline Park. PRESENTED BY: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff is recommending the approval of an IGA between the City of Lake Forest, Lake County Forest Preserve District and Lake Forest Academy. A copy of the substantially completed agreement, funding chart and trail map can be found on page 64. The agreement is needed to identify the conditions required to successfully complete the project including securing the necessary easements, establish future ownership and maintenance responsibilities, describe the federal funding process and identify the cost sharing responsibilities. AGREEMENT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Attorney March 20, 2015 Pending BACKGROUND/DISCUSSION: This project is a partnership between the Lake County Forest Preserve District, Lake Forest Academy and the City of Lake Forest to provide pedestrian/bicycle access from the Middlefork Savanna trail system to Townline Park at Route 60 (see attached map). This project includes a bridge across the Metra railroad tracks and a city maintained trail along Academy Drive to Route 60. This work, supported by the City Strategic Plan and Bicycle Master Plan, is a part of a larger effort to connect the Middlefork Trail and Greenway to the Des Plaines River Trail. With the District as the lead agency, this project has been submitted for consideration for federal grant funding. If approved later this year, the grant would pay for 80% of the construction and construction engineering costs (see attached funding chart). As part of the agreement, the district seeks to receive a donation from the City for a portion of the design and construction costs associated with this project in the amount of $100,000.00. The final IGA will stipulate that if the City portion of the construction work exceeds $150,000.00 then the LCFPD will seek additional reimbursement from the City. The City will only need to reimburse 20% of the actual construction costs over this amount, the grant will cover the other 8%; this will be in addition to the $100,000.00 donation. 21 April 6, 2015 City Council Agenda If approved by City Council, this IGA would be approved as a non-budgeted expenditure in FY16 and if needed, would be included in the year-end supplemental appropriation ordinance. The five-year CIP identifies $100,000 for Rte. 60/Academy Bike Trail in FY17; this would therefore be considered an advance and reduce the FY17 Capital Fund budget by $100,000. Below is a summary of Project budget: FY2017 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund (FY17 advance) 311-0060-452-76-13 $100,000.00 $100,000.00 N COUNCIL ACTION: Staff recommends the City Council approve the Proposed Intergovernmental Agreement in substantially the form attached hereto and to authorize the City Manager to execute the agreement upon review and approval by the City Attorney. In addition, staff requests City Council approve a portion or all of the amount to be paid in FY16 as an advance against the FY17 CIP allocation, with a FY16 supplemental appropriation being submitted at a later date if necessary. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (5), The City Council will be discussing the consideration of Land Acquisition. Adjournment into executive session RECONVENE INTO REGULAR SESSION 9. ADJOURNMENT Office of the City Manager April 1, 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. 22 April 6, 2015 City Council Agenda 23 THE CITT OF LAKE FOREST ORDINANCE NO. 2015-_ AN ORDINANCE AMENDING CHAPTER 51, "WATER", OF THE CIFf CODE RELATING TO WATER WELLS FOR IRRIGATION 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 of 2013 (the "City Code"} Jt6 attire that it appropriately addresses new issues that may arise; and ^.< WHEREAS, at the direction of the City^Council, the Public WorRsJ:omn3ittee (the >S1J^v . »"Committee") reviewed current data on irrigation system's and the iiyipact of said \ r v v ^ systems on the City's ability to meet^vater demand during peak usage times; and :\:^... . ..\\ .. WHEREAS, the Committee deterrmf^l that allowing the'installation and use of ^ .^-^^...>'' wells for irrigation purposes, with some limitaUens'wuld fcfelp to alleviate extraordinary >r-.-.\f_:. demands on the City's Water ^ Treatment ^Plant dunng limited periods of hot, dry ^ \ \' \.conditions seasonally; and ^ ~ ^ ^\^;^_ - ^ .. >F the Committee further'acknowledged that permitting the use of /:.' 'v\ \\ waterwells will reduce the amount'of.potable water used for irrigation purposes; and '*Y___ , \^ > WHEREAS, the Committe'e considered, over the course of four meetings, draft \'\ t' Code amendments^ regarding water wells which would establish criteria under which N\^' water wells would Be permitted, offer proper protections for health and life safety; and create a process for City review and approval; and WHEREAS, after study and deliberation, the Committee recommended approval of an amendment to Chapter 51 as it relates to water wells; and WHEREAS, the Mayor and City Council, having considered the recommendation of the Public Works Committee, have determined that adopting this Ordinance and Page 1 of 6 24 amending the City Code provisions relating to water wells 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 CIPT COUNCIL OF THE CITY OF LAKE FOREST, COUNTf 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 jrereby incorporated into this /Section as if fully set forth. SECTION TWO: Amendment to Chapter 51. Chapter'51v entitled "Water," "^-^ ' '\\..- of the City Code is hereby amended as follcn^:^ '. Y. V'--Y''^ (a) Section 51.046 is hereby amended <in its entirety, so that said Section t-^ shall hereafter be and read as follows? ' - .^ SECTION 51.46 Water Wells. < ~'.'^ \ \ ^::^' To proteot'tie "public water sti{5[51y of The City of Lake Forest from contamination torn prii/ate wells, preserve the integrity and viability of the entire public wat^f"?y&tem, and to protect the health, safety and public welfare of the community. \ ' ,* ^ <"---.^' A. .Permitted, Minimum Requirements. Wells are permitted on properties that // meet one.ofthe foltewng minimum standards. ^ 'r \ » \"'y \\. The property is a minimum of five (5) acres. \\ ' ' V* ' 2.-, Contiguous properties, in common ownership, meeting the definition of a Zoning Lot as defined in Section 159.002 of the Code, which together total^a minimum of five (5) acres. 3. The property or zoning lot is a minimum of three (3) acres and: a) Protected in whole or part by a recorded Conservation Easement(s) or other recorded easement established for the purpose of preserving and protecting trees, landscaping or open space; or b) Included in a Local Historic District or designated, in whole, or in part, or is designated as a Local Landmark; or Page 2 of 6 25 c) A variance to allow the installation of a water well is granted for the property, under the provisions of Section 159.042 of the City Code, based on unique garden or natural features of the site B. Permitted, General Requirements. All of the following minimum requirements shall be met. 1. Only one (1) well is permitted on a zoning lot. ^ 2. Wells and all associated structures shall be located wholly on private property and in conformance with applicable zoning setbacks. ^\ 3. Wells shall be separated from any habitable residential structure by a minimum distance of 20 feet. /\ 4. Notice shall be posted within five (5) fe^t ofH.he well ^tticture stating that water from the well is safe for irrigation only and is not treated for human consumption. /^ \^-. "'. < Pv. '^ .' 5. The property owner must sign a Hold Harmless Agreement, 4ri a form approved by the City, to hold the City+iarmless in the case of any claim arising from the use of well water. The document shall be recorded on the property deed. \ "^^ v-<<-. \;v-^ 6. Any manholes or other abpve-greund openings-located below the BFE must be watertight. c.Prohibitions. :^:.t 11 / '-,.. -< ^' /: 1. Wells shall not be used for obtainir^ or storing water for human ).»..'- -- .^ -~. ~'<-\ '~"--- "\x -- 2. Water from a well shall not be piped in to any habitable structure. "\ \ '\ v.^ .3. Water frona a well shall not be used in irrigation systems located within 10 \ feet of a hafeitable i^sidential structure. If 4. 'Np physical connection or cross connection is permitted between an irrigation ^stem which is connected to a well and a) the public water system or b) a residential potable water system. 5. Hose connections are prohibited on any portion of an irrigation system which is connected to a well. D. Application Process. Application for a private well shall be made on a form provided by the City and submitted to the City's Community Development Department. The application shall include the following. 1. Legal sun/ey of the property. Page 3 of 6 26 2. A detailed plan indicating the proposed location of the well, the location of any existing or proposed irrigation systems, details of all proposed water connections, pump houses and tanks. 3. Information on the size of the proposed well. 4. Application for an electrical permit and electrical contractor information. 5. Documentation of approval, or pending approval from the Lake County Health Department. 6. Demonstration of prior approval from all required;ttate of Illinois regulatory agencies. /\ --y\\ 7. If a pond is proposed, all required permit^pplications and documentation must be submitted to allow review of the proposed pond. All necessary permits must be obtained. /» - ^ \'-. '. 8. Any additional materials or information deemed necessary by the Director of Public Works or Director of Community development. ^ / E. Approval Process. Applioations that are determined to meet the standards and requirements of this Sectton may be approved subject to the following requirements being satisfied in the determination of the Director of Public Works and Director of Community Development, y \1 / >/-^ 1. The propefgTOwner authorize§the City t^, from time to time, at all reasonable hoi-jrs^as deemed ^necessary to assure the public health and safety, to conduet on site inspections. -.. S. .*L ' >"^ 2. JDpcumentqtion of fwl approvate from all applicable State of Illinois and .Lake, County agencies are filed with the City. .^y..' ^. 3. Prior to authorizatK|n to tiperate the well, a report from the well drilling contractor,must be submitted and will be subject to review and approval '.by the Director of Public Works. ;\:\ .... h 4. Sybmittal, on an annual basis, of satisfactory results from RPZ testing shall be submitted to the Director of Community Development verifying no cross connections or other threats to the public water system exist. x F.Non-Use, Change of Use. 1. If a well ceases to be used for a minimum of two (2) consecutive years, the City may require the well to be decommissioned or abandoned at the sole cost of the property owner. 2. If application is made for subdivision of property on which a well is located, said application shall demonstrate that the minimum standards for water wells will continue to be fully satisfied. If the minimum standards are not met, the well shall be decommissioned or abandoned as a Page 4 of 6 27 condition of the subdivision and prior to the recording of the subdivision plat. G. Decommissioning, Abandonment. The following minimum requirements shall be met during the process of decommissioning or abandonment. 1. Prior to decommissioning or abandonment, a Notice of Intent to Decommission or Abandon must be filed with the Director of Community Development. 2. All decommissioning or abandonment shall be done in accordance with all applicable requirements of all appropriate regulatory agencies of the State of Illinois and Lake County. Prior to the abandonment of a well, the well owner must obtain permission from these'r^gulatory agencies to do such work and in turn, notify the City of his/her interition to abandon a well prior to the actual work. /' \ \ 3. Upon completion of the decomraSsioning oj abandonmenl,'the Qity shall conduct an on-site inspection4nd upon a determination that all'applicable requirements are satisfied, the Cit^wil issue a^Notice of Closure. 4. After a Notice of Closure is issued, the prpperty owner shall file all required documents with the appropriate regulatory. State and County agencies and with the Cit^.' <-, - ^. ' <. . ' » ^. "»_'-:. 2 .<*: -^ SECTION TH RE-Ef""' Effective Date^* This ordina / ^ \ effect upon its passage, approval, and publication in pamphlet form in the manner 'jffective Datef This ordinance shall be in full force and ^-^ ^ I '^ provided by law. Passed this .' .-'^- -. ^ day of_^., 1015 ,2015 ATTEST: Mayor Page 5 of 6 28 City Clerk ..-X Page 6 of 6 29 CURRENT CODE LANGUAGE 51.046 WATER WELLS. In order to protect the public water supply of the city, regulations governing the construction of private drilled wells shall be as follows. (A) A well may only be constructed upon the express approval of the City Manager. (B) Each well shall also have the express approval of the appropriate state regulatory agency. (C) No drilled water well shall be cross-connected or interconnected into a potable water system which is connected to the Lake Forest public water supply. (D) If permission is granted for a drilled well, the property owner, as a condition of approval, authorizes inspection of the City from time to time at all reasonable hours, as deemed necessary for the entire time that the well is maintained in operation. (Prior Code 44-41) (Ord. No. 1514, passed 6-3-1985) 30 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, March 16, 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 Waldeck, Alderman Moore, Alderman Reisenberg, and Alderman Adelman. Absent: Alderman Pandaleon, Alderman Tack and Alderman Moreno. Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Carina Walters, Assistant City Manager; Susan Banks, Communications Manager; Catherine Czerniak, Director of Community Development; Elizabeth Holleb, Finance Director; Michael Thomas, Director of Public Works, James Held, Police Chief; and Anne Whipple. There were approximately 45 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Resolution of Appreciation for Marla Schachtel Mayor Schoenheider read the Resolution. Alderman Beidler made a motion to approve the Resolution, seconded by Alderman Moore. Motion carried unanimously by voice vote. Ms. Schachtel thanked the City Council for the opportunity to be part of The City of Lake Forest. Mayor Schoenheider announced that Alderman Moore will soon be moving out of the second ward. Anyone interested in the position should contact the Mayor. COMMENTS BY CITY MANAGER A. Community Spotlight Lake Forest Graduate School of Management -Jeffery Anderson, President & Chief Executive Officer Mr. Anderson provided a brief history about the Lake Forest Graduate School of Management. He stated that the Lake Forest Graduate School of Management is the leading graduate business 31 Proceedings of the March 16, 2015 Regular City Council Meeting school educating working adults in the Chicagoland area. Lake Forest offers an MBA degree programs, Graduate Level Certificates, and Corporate Training and Development. B. Beyond the Book, A Community Conversation -Michael Simeck, Superintendent of School District 67 & 115 Mr. Simeck gave a brief overview of the book “Mindset, the new psychology of success.” He added that although the author doesn’t come out and talk to schools, she did agree to come out and speak ot the Lake Forest community through SPEAK UP/LEAD. Mr. Simeck invited everyone to read the book and join him at Lake Forest High School West Campus on Monday, April 20 from 10:00 am – Noon and Tuesday, April 21 form 7:00 pm to 9 pm for a Community Conversation. C. Approval of a Resolution with Integrys Energy Service/Constellation Energy Resources for a two year power supply agreement Assistant City Manager, Carina Walters stated that staff is recommending the approval of a two year power supply agreement with Integrys Energy Service/Constellation Energy Resources. Ms. Walters stated that in December 2011, the Cities of Highland Park, Lake Forest and Park Ridge, and the Villages of Deerfield, Glencoe, Lake Bluff, Northbrook and Skokie formed the North Shore Electricity Aggregation Consortium. The Consortium was created to act as a collective body of municipalities to create and manage municipal electric aggregation services on behalf of their residents and eligible businesses. Each Consortium community executed a three-year contract with the same selected alternative electricity supplier, MC Squared Energy Services, to supply power to an estimated 90,000 Consortium customers. The current contract with MC Squared is set to expire following the May 2015 meter read. In order to continue with an electricity aggregation program, the Consortium members must approve a new Power Supply Agreement with an alternative electricity supplier. Ms. Walters reported that over the last three years, the Consortium has saved participating customers more than $36 million due to lower rates than the ComEd default tariff service rate for its residents and small businesses, while also acquiring a cleaner portfolio of power supply. The residents of Lake Forest are anticipated to see a savings of approximately $4.8 million. The Consortium conducted an extensive due diligence process to determine if a new supply agreement should be considered with an alternative electricity supplier. To facilitate a competitive bidding process, the Consortium issued a Request for Proposals (RFP) on November 3, 2014, soliciting bids from all qualified providers to supply power and services for the Consortium’s portfolio of customers. Two bids were received by the November 24, 2014 due date and were evaluated by the Consortium’s members, legal counsel, and energy consultant. Integrys Energy Services, Inc., and Constellation Energy Resources, LLC have merged operations, submitted a joint proposal and were identified as the lowest responsible bidder. The incumbent electric supplier, MC Squared Energy Services, also submitted a response but it was less competitive than the other proposal received. 32 Proceedings of the March 16, 2015 Regular City Council Meeting The Consortium negotiated with suppliers, was able to gain additional safeguards and concessions, and all communities, with the exception of the City of Park Ridge, are recommending that members approve a two year Power Supply Agreement with Integrys Energy Services/Constellation Energy Resources. Ms. Walters added that if approved, the Consortium members and their energy consultant will diligently monitor the electric commodity pricing over the next few weeks and only lock in a fixed price if market conditions are favorable. If pricing is not favorable, no price lock will be executed and all customers will be returned to ComEd. Because of contract provisions of the existing power supply agreement with MC Squared, if a Power Supply Agreement with Integrys is not approved, all customers currently in the Consortium’s aggregation program with MC Squared would be retained by MC Squared (not return to ComEd) unless residents took affirmative steps to choose to go to another provider. This would impact the Consortium’s ability to aggregate electricity in the future, and would require customers to take additional steps to move to a different provider. For these additional reasons, the Consortium is recommending entering into a Power Supply Agreement with Integrys to retain maximum flexibility and minimize confusion for customers in Consortium communities. The Power Supply Agreement with Integrys/Constellation is very similar to the existing agreement with MC Squared with the exception of a gas program. The contract with Integry/Constellation will offer a gas endorsement program whereby an Integrys affiliate can offer a discounted gas program to Consortium members. Integrys’s affiliate is also a licensed supplier of natural gas to residential and small commercial accounts in the State of Illinois. Although the State of Illinois has not deregulated the gas supplier, the Consortium believes residents will see a savings from a gas program. The City Council talked about the differences between green and brown energy and potential of different costs associated with each choice. The City Council through consensus decided that the City should choose brown energy pricing, leaving the option to the residents to choose to purchase “green energy “individually. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the matter. Seeing none, he asked for a motion. COUNCIL ACTION: Staff recommends the approval of a Resolution for a two year power supply agreement with Integrys Energy Service/Constellation Energy Resources and to authorize the City Manager to execute a price lock for all eligible residents and small business customers that do not opt-out of the program. Alderman Moore made a motion for to the approval of a Resolution for a two year power supply agreement with Integrys Energy Service/Constellation Energy Resources and to authorize the City Manager to execute a price lock for all eligible residents and small business customers that do not opt-out of the program, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Reisenberg and Adelman. The following voted “Nay”: None. 5 Yeas, 0 Nays, motion carried. 33 Proceedings of the March 16, 2015 Regular City Council Meeting D. Discussion regarding Greenhouse Scholars adding a 5k and 10k run in connection with the Venus de Miles 25-mile and 62-mile bicycle ride Carina Walters, Assistant City Manager, reported that staff is recommending the approval of the 5k run, pursuant to the Special Event Policy. Ms. Walters added that the City Council is charged with approving events that directly impact residents, traffic flow / road closures and potential size of the event. Commander Craig Lepkowski stated that the initial bike ride in 2011 required the shutting down of Rt. 41 at Old Elm and created a traffic hazard/inconvenience that upset many commuters on Rt. 41 for approximately 25 minutes. He reported that over the years, staff has worked with Greenhouse Scholars to develop a better route through the City that allowed the bike ride to join the Skokie Valley Bike Path at the west end of Laurel Avenue and proceed into the Highland Park stretch of the ride without creating any traffic issues on Rt. 41. As a result of the collaborative effort, the Venus de Miles bicycle ride has received minimal complaints relating to traffic or safety problems. Angie Vermillion of Greenhouse Scholars reported that Venus de Miles has been hosting an all- women’s bicycle ride originating and ending on the campus of Lake Forest College since 2011. The City of Lake Forest has approved each of these annual special events since then. Venus de Miles is a non-profit Greenhouse Scholars program that provides scholarships and mentoring for approximately 200 college students who come from troubled social and economic backgrounds. Ms. Walters reported that on February 4, 2014 staff received email correspondence asking to add a 5k and 10k run to the 25-mile and 62-mile bicycle ride. The 5 and 10 K routes are the same; therefore, the runners will be looping the course. On February 20 staff had a conference call with Greenhouse Scholars indicating the 5k could be logistically handled; however, asked them to reconsider the 10k, as the City has not traditionally hosted 10k runs. Staff was concerned of setting a precedent with a 10k, the impact on residents, road closures and staffing concerns. Staff also suggested that the organization start with a 5k, assess the success, and then build to a 10k in future years. On a side note Ms. Walters reported that The Venus de Miles revenue to the City is approximately $700, and that the additional challenge in supporting the 5 and 10 K runs this year is that the Lake Bluff Twilight Criterium cycling event falls on the same day the Venus de Miles event is being held. As Lake Bluff is assisting the City with the BMW event in September 2015, Lake Forest is assisting Lake Bluff with their event. Approximately 8 officers are dedicated to Lake Bluff. Ms. Walters added that on February 25 staff realized the registration for the 5k and 10K was already opened to the public with registrants on the Venus de Miles website. When staff inquired about it, Venus de Miles indicated it advertises the events prior to approvals as they typically do not hear back from the municipality with final approval until less than three months prior to the event. 34 Proceedings of the March 16, 2015 Regular City Council Meeting Ms. Walters clarified that special events are divided into three categories; A. Events that are City wide, such as Tree Lighting; B. Events that are on public property that may not impact the entire community but require City resources and C. Events held on public or Private Property that do not require and City resources. The City Council asked to see all events, the impact, value and return along with the local percentage of involvement. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the matter. Seeing none, he asked for a motion. COUNCIL ACTION: Staff recommends the approval of the 5k run. Alderman Moore made a motion to approve the 5K run, seconded by Alderman Waldeck. Motion carried unanimously by voice vote. COMMENTS BY COUNCIL MEMBERS OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Paul Hamman, 511 West Beverly offered comments to the City Council relating to Old Barat and the TIF district. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the February 17, 2015 City Council meeting Minutes 2. Consideration of a Resolution Opposing Any Reduction in the Local Government Portion of the Local Government Distributive Fund 3. Award of the Lake Forest Share of the Joint 2015 Patching and Resurfacing Program contract. 4. Award of Bid for the 2015 Lake Forest City Hall Chiller Replacement Project. 5. Award of Bid for the 2015 Lake Forest Recreation Center Roof Replacement Project. 6. Award of Bid for the 2015 Lake Forest Recreation Center Front Entrance Replacement Project. 7. Request Approval to Waive the Formal Bidding Process to Purchase Salt for Winter 2015/2016 and Confirmation of a Modified Salting Policy 8. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 35 Proceedings of the March 16, 2015 Regular City Council Meeting 9. Consideration of a Recommendation from the City’s Owner’s Representative, Jacob & Hefner, to Enter into a Contract for Asbestos Removal in Buildings on the Former Municipal Services Site. (Approval of a Motion) 10. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) COUNCIL ACTION: Approve the ten (10) Omnibus items as presented. The City Council did not remove any item; however a brief discussion about item #9 was had by the City Council. 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 ten Omnibus items. Alderman Beidler made a motion to approve the Omnibus items as presented, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Reisenberg, Adelman and Mayor Schoenheider. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES 1. Consideration of Recommendations from the Plan Commission and Building Review Board in Support of the Location of NorthShore University HealthSystem Medical Offices in an Existing Building at 915 S. Waukegan Road (the Lovell’s Restaurant building). (If desired by the Council, waive first reading and grant final approval of both ordinances.) Ms. Czerniak reported that on January 7, 2015, the Building Review Board held a public hearing to consider a request from NorthShore University HealthSystem, the contract purchaser of 915 S. Waukegan Road, for approval of an addition and minor modifications to the building, enhanced landscaping and upgraded parking lot lighting. On January 14, 2015, the Plan Commission held a public hearing to consider a request from NorthShore University HealthSystem for a Special Use Permit to authorize medical offices in the Lovell’s Restaurant building. Ms. Czerniak gave an overview of the Lovell’s building, that it was originally approved by the City in 1997 and constructed by the Lovell Family, shortly thereafter. Lovell’s Restaurant has been located in the building since its construction. The Lovell family intends to close the restaurant and has marketed the property for almost two years. Focused efforts were made by the Lovell family and their representatives to attract a new restaurant or a mix of restaurant and retail uses to the site. The feedback received was that the building’s size and design are better suited to an office use. 36 Proceedings of the March 16, 2015 Regular City Council Meeting Ms. Czerniak reported that the property is now under contract to be sold to NorthShore University HealthSystem. The first and second floors of the building will be converted to medical offices; the lower level will be employee space. To create an efficient floor plan, a 2-story addition is proposed to the south side of the building. In initial discussions with NorthShore University HealthSystem, the demolition of the existing building was proposed. Constructing a new building on site was seen as the best way to achieve an efficient and modern medical office building. However, after discussions and recognition that although not designated as an historic structure, the Lovell’s building has become a landmark in the Waukegan Road business district, adaptive reuse of the building and a small addition is proposed. On January 7, 2014, the Building Review Board considered the proposed addition and minor modifications to the building, an enhanced landscape plan and upgraded parking lot lighting. No public testimony was presented to the Board. The Board voted unanimously to recommend approval of the petition to the City Council. Under the Special Use Permit, the B-1 Zoning District is intended to accommodate small retail and service businesses to meet the recurring needs of residents in nearby neighborhoods. The neighborhood business district along Waukegan Road was developed and enhanced through a Tax Increment Financing District which was established in this area in the early 1990’s. Today this area includes a variety of businesses; retail, restaurants, offices, banks and medical offices. A Church, school and train station also area located in the area. Presently, NorthShore University HealthSystem medical offices are located in the immediate area, on Waukegan Road, near Conway Road and on Waukegan Road in Lake Bluff. The existing offices will be consolidated at the proposed 915 S. Waukegan Road location. Ms. Czerniak also reported that unlike the City’s Central Business District; there is no limitation on non-retail uses in the Waukegan Road business district. Medical offices in the Lovell’s building are consistent with the other non-retail uses on the block of Waukegan Road between Gloucester Crossing and Everett Road, a traffic study was completed to evaluate on site conditions and impacts on nearby roads and intersections. The City Engineer did not identify any areas of concern, adequate parking exists on the site and Code requirements are met. If needed, public, permit parking lots are located within walking distance from this building, and lastly the proposed medical offices will be near existing businesses. Employees of the medical offices and patients will provide an increased customer base for nearby businesses. Ms. Czerniak added while the proposed medical offices will not generate sales tax revenues to replace those lost through the closing of Lovell’s Restaurant. It is also possible that under the new ownership, the property and building will be exempt from property taxes. NorthShore is proposing annual payments to the City to support services the City will provide that will continue to benefit the property in particular, ongoing maintenance of the adjacent Gloucester Crossing public right-of-way including landscaping and lighting. In addition, a one-time payment is proposed as a transition to a non-sales tax producing use. The Plan Commission heard testimony from some residents expressing disappointment about the loss of the restaurant and questions about whether additional medical offices are needed in the community. At the conclusion of the Plan Commission public hearing, the Commission voted 5 –1 to recommend approval of the requested Special Use Permit to the City Council subject to various conditions of approval. 37 Proceedings of the March 16, 2015 Regular City Council Meeting Alderman Waldeck, Alderman Beidler and Alderman Adelman commended the Lovell Family and Catherine Czerniak for all the efforts that had been taken to keep this building as a landmark. Mayor Schoenheider thanked the Captain Lovell and his family for their many years of being in the community. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the matter. Seeing none, he asked for a motion. COUNCIL ACTIONS: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance approving a Special Use Permit to authorize NorthShore University HealthSystem medical offices in the building at 915 S. Waukegan Road subject to conditions of approval. AND If determined to be appropriate by the City Council waive first reading and grant final approval of an Ordinance approving an addition and minor modifications to the building at 915 S. Waukegan Road as well as an enhanced landscaping and upgraded parking lot lighting. Alderman Moore made a motion to waive first reading and grant final approval of an Ordinance approving an addition and minor modifications to the building at 915 S. Waukegan Road as well as an enhanced landscaping and upgraded parking lot lighting and waive first reading and grant final approval of an Ordinance approving an addition and minor modifications to the building at 915 S. Waukegan Road as well as an enhanced landscaping and upgraded parking lot lighting, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Reisenberg, Adelman and Mayor Schoenheider. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. 2. Consideration of an Ordinance Amending Various Sections of the City Code Related to Plumbing as Recommended by the Construction Codes Commission. (First reading) Catherine Czerniak, Director of Community Development stated that this is the first in a series of amendments to Chapter 150, Buildings, of the City of Lake Forest Code. The City’s Construction Codes Commission has been conducting public meetings over the last several months to consider amendments to the Buildings Chapter of the City Code. Ms. Czerniak reported that in the past, the City has adopted updated State and International Codes every 6 to 10 years but maintained a significant number of local amendments, essentially stricter provisions, in the City’s Code. In recent years the State and International Codes have become more widely accepted and the Construction Codes Commission is moving in the direction of significantly reducing the number of local amendments. She reported that this agenda item is the first of several that will be presented to the Council in the coming months in support of updating and simplifying the City’s Code provisions relating to buildings. The first Code sections presented for Council consideration relate to plumbing. In 2014, the State of Illinois adopted an updated Plumbing Code, replacing the 2005 State Plumbing Code. After thorough review, the Construction Codes Commission determined that the updated State Code 38 Proceedings of the March 16, 2015 Regular City Council Meeting adequately covers many of the provisions in the local amendments and recommends adoption of the 2014 State of Illinois Plumbing Code and elimination of duplicative language from the City’s Code. The only substantive change to the current Codes recommended by the Construction Codes Commission is to eliminate the City’s requirement for cast iron waste pipes. This requirement has been the subject of much discussion and debate over the last 20 years and the Commission concluded that acceptable alternative materials and processes are available to replace cast iron if desired by a homeowner or builder. The use of cast iron is recognized as a quality issue and the Commission is recommending that with lighter weight materials for waste piping, a requirement for sound buffering be incorporated into the Code. The Commission also recognized that allowing the use of alternate materials will play into later discussions about fire and life safety provisions in the Code since the some of the alternate materials burn hot and can produce fumes in the event of a fire. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the matter. Seeing none, he asked for a motion. Recommendation: Grant first reading of an Ordinance amending various sections of Chapter 150, Buildings, as it relates to plumbing. Alderman Adelman made a motion to grant first reading of an Ordinance amending various sections of Chapter 150, Buildings, as it relates to plumbing, seconded by Alderman Moore. Motion carried unanimously by voice vote. NEW BUSINESS ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None. ADJOURNMENT There being no further business. Alderman Beidler made a motion to adjourn, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote at 8:40 p.m. Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 39 40 41 42 43 44 45 46 47 48 49 50 51 1950 1111 1470 1515 15511751 1465 1523 1530 1445 1590 17001525 13851760 12071820 1743 1467 1735 1481 1475 1392 1505 1505 1701 1755 1850 19301486 1275 1970 1490 1375 13711700 12591489 1730 15541760 1691 13111990129013501985 1723 1826163016651 5601980 1866 1494 1915 1821 1611 1911 14001670 1735 1719 1870 17301700 150019601591 1500 1955196019611541 1671 1310 1421 1540 1633 156414201351139115901910 141016801779 1660 16651741 1541 1 9 4 5 1481 1520 1705 1759 1635176516961440 163119301718 1570 15661450 1561 1521 19201710 19701780147119551 7 4 5172116711641 1521 13101776 1700 13901668 1672 1160 197519651760 18351771 195914501414 1830 1741 1411 1765 1421 1160177011901 9 7 1 1790 184111501951186016851 4 9 1 163515991 5 0 5 1581 1655 1 5 1 1 19511 9 1 1 1 9 2 5 148113911471158813651321 1561 1 8 6 5 1 2 4 1 1 8 9 5 1283130113511331183915201377 154512711261146812351240123012051550 1 20 01245125015081 5 3 112201223 15701560 1550 17231260121014761271121715001536 15581436 192018701531 1599 1384 1522 1244 1700 1494 1920 1455 1521OAK KNOLL DR W OLD MILL RD ARBOR LN S ESTATE LN ALEXIS CT LOWELL LN PADDOCK LN W H IT E O A K R D W E D G E W O O D D R HERITAGE CT WI L D ROSE L N MERRITT LN GROVE CT DEVONSHIRE CT FY16 CONCRETE PAVEMENT PATCHING PROGRAM INTERMITTENT CONCRETE PAVEMENT REPAIR AREAS µ 52 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST SITE WHEREAS, THIS AGREEMENT made this 15th day of April 2015, by and between THE CITY OF LAKE FOREST, a municipal corporation of the State of Illinois (hereinafter referred to as the “CITY”), and ________________________ (hereinafter referred to as the “CONTRACTOR”) is entered into for the purpose of the CONTRACTOR operating the CITY compost site; and Section I. CITY Responsibilities Prior to commencement of operation by the CONTRACTOR, the CITY agrees to perform the following operations/activities: 1. The CITY will maintain a metered water source to the existing facility for the sole purpose of aiding yardwaste decomposition. Although the water will be metered, there will not be a charge to the contractor for water used for this operation. 2. The CITY will staff the Route 60 entrance gate when opened to the public on weekend days, as directed by the City Manager and/or City Council to monitor and regulate residential access to the facility for the proper disposal of those items as defined in the facilities’ Rules and Regulations, which such rules and regulations may be amended from time to time. 3. The CITY will provide general maintenance and repairs to the primary asphalt receiving pad, the access road leading to the water tank, and the gravel road exiting the receiving pad. Section II. CONTRACTOR Responsibilities The CONTRACTOR shall manage and operate the composting site so as to accommodate all landscape waste generated by the CITY and its residents including leaves, grass, brush, and tree limbs up to ten (10) inches in diameter. The CONTRACTOR’S operation shall be subject to the following requirements/ provisions. A. Site Operation 1. The CONTRACTOR agrees to process all landscape waste collected by CITY crews and residents, estimated at no more than 7,000 “compacted” cubic yards annually in accordance with the IEPA permits; and other regulatory requirements. “Compacted” cubic yards is defined in Section B1 of this agreement. 53 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 2 of 11 2 2. The contractor shall not bring in any material from the outside to be processed at the Composting Site. Only material from The City of Lake Forest’s operations and residents shall be processed. 3. The CONTRACTOR shall operate the site in a neat and professional manner. More specifically, the CONTRACTOR shall: • Remove all material from the receiving pad within 24 hours of it being deposited. This requires a daily inspection of the receiving pad by the CONTRACTOR. • All material must be ground and placed into windrows within 24 hours. • Maintain the Composting Site to include filling of all low spots with clay and / or asphalt grindings. The areas shall be compacted to grade so that no standing water exists. Inspection of the Composting Site and repair of all low spots shall occur weekly. • The site will be operated in accordance with the IEPA permits and CONTRACTOR shall at all times maintain the work boundaries as defined in said permit. 4. The site will be available to the CONTRACTOR seven days a week, Monday through Saturday from 7:00 AM – 7:00 PM, and Sundays from 8:00 AM – 7:00 PM. Any Sunday operations shall not begin before 8:00 AM and are subject to prior approval by the CITY. 5. The CONTRACTOR will provide for daily weather information by a weather station deemed appropriate to provide the CONTRACTOR with information which will direct the processing of the compost material. 6. The CONTRACTOR will position the windrows of composted materials as far away from neighboring properties as available space permits while complying within the permitted boundaries as set forth in the IEPA Permit. 7. The CONTRACTOR shall operate the site in a manner which minimizes odors and maximizes the decomposition rate in accordance with IEPA Permit #1997-185-DE/OP. 8. The CONTRACTOR is responsible for writing and submitting any or all annual reports required by the IEPA and / or Lake County Health Department. B. Fee The CITY and the CONTRACTOR mutually agree to the following fee structure(s): 1. The CONTRACTOR will accept and process landscape waste delivered to the site by City crews and residents. The material will be comprised of leaves, grass, brush, wood chips, and tree limbs up to ten (10) inches in diameter. The CITY’S Streets & Sanitation Supervisor will determine each Monday morning how many loose yards were collected 54 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 3 of 11 3 by the residents over the weekend and what was brought in the previous week by City operations. The flat monthly rate to operate manage the City’s yard waste is found on Attachment A of this agreement. A compacted cubic yard of loose material is calculated by the following calculation: • All loose material is pushed up against the push wall with a front end loader. • The pushed up pile is then measured to determine its area = length x width x height (measured in feet and inches). • The pile’s area is divided by 27 (1 cubic yard) and then divided by 3.81 (compaction ratio with the refuse trucks). • The result is the number of compacted cubic yards for that pile. The City utilizes both front load and rear load refuse trucks to collect all residential yard waste. If the rear load truck is full, it will have 25 compacted yards of material. If the front load refuse truck is full, it will have 30 compacted yards of material. 2. The CONTRACTOR shall invoice the CITY a flat monthly rate of $_____ for processing all material deposited at the site from the previous month and make every reasonable effort to cause statements to arrive at City offices no later than the 5th business day of each month and payments made within 30 days of receipt. 3. The CONTRACTOR shall make available for inspection by the CITY or duly authorized representative, all financial documents, maintenance records and operational records of the CONTRACTOR related to the operations contemplated by this Agreement. C. Equipment The CONTRACTOR shall be solely responsible for providing, or arranging for the provision of all equipment and labor for the operations, repair, and servicing of equipment, to include rental necessary to operate the site in compliance with IEPA requirements including odor control equipment/materials. D. Compost & Leaf Mulch 1. All Compost (end-product) produced shall be the property of the CONTRACTOR, except that 800 cubic yards of screened compost, 500 cubic yards of screened leaf mulch, and 200 cubic yards of double ground wood chips shall always be available to the CITY and residents at no cost and at a location designated by the CITY. All compost and leaf mulch shall be screened to ¼” or smaller; wood chips shall be ground twice. 2. The CONTRACTOR shall be responsible for marketing the end product. The name of the CITY shall not be used in any advertising without prior written permission from the CITY. The CONTRACTOR may show the site to prospective customers and may photograph and describe the site so long as the CITY’S name is not included without the aforesaid 55 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 4 of 11 4 written permission. All composted and leaf mulch material shall be removed from the site by August of the following year. For example, 2014’s compost and leaf material shall be removed from the site no later than August 1, 2015. Disposition of such material must be in accordance with the attached IEPA permit and the City shall be notified of where it is being taken to. 3. If the CONTRACTOR awarded this contract is different than the CONTRACTOR that currently operates the Compost Center, the new CONTRACTOR taking over the operation effective April 15, 2015, shall assume sole responsibility and disposition of all existing yard waste, compost, leaf mulch, wood chips, and asphalt grindings on site at that time. Section III. General Conditions Both parties to this Agreement hereby subscribe to the following General Conditions. A. Indemnification Throughout the term of this Agreement and following the termination of this Agreement to the extent any such matters described below may arise: 1. Throughout the term of this Agreement the CONTRACTOR will hold and save harmless the CITY from any and all claims, causes of action and the like, including reasonable attorney fees, which may arise directly or indirectly out of any act or failure of the CONTRACTOR to act in connection with this Agreement. The CITY shall indemnify and save the CONTRACTOR harmless from and against any and all claims, demands, causes of action, and the like, including reasonable attorneys’ fees and engineering fees, brought by any person or entity against the CONTRACTOR which pertain to or arise in connection with the pre-existing conditions at the property and which do not result directly or indirectly from any act or failure to act of the CONTRACTOR. B. Insurance The CONTRACTOR shall secure and maintain such insurance as detailed in Attachment B. Section IV. Term of Agreement The CONTRACTOR shall as operator be responsible for regulatory compliance in general, and specifically, but not limited to the following items. 1. This Agreement shall be in full force and effect from and after the date of the execution for a period of five years. Provided, however, that the parties may extend the term for an additional one-year extension for two years upon agreement by both parties. 56 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 5 of 11 5 2. During the term of the Agreement, the CONTRACTOR shall ensure that the facility, any end-product compost, and all of the CONTRACTOR’S operations comply with all valid and applicable laws, ordinances, rules, regulations, permits and orders - issued by federal, state, or local authorities - governing such facility, compost, or operations, including, but not limited to, the requirements of 35 Illinois Administrative Code Parts 830, 831, and 832. 3. In the event that the Compost Site cannot be operated as provided in this Agreement, or that odor control at the Compost Site is determined by the City staff to be unsatisfactory, this Agreement may be canceled by the CITY upon 30 days written notice. This Agreement shall be subject to immediate termination without notice if the IEPA Permits, or any other license or permit required for the lawful operation of the Compost Site, is suspended or revoked. In the event of termination under this paragraph, residual matter shall continue to be processed by the CONTRACTOR until the material is ready to be screened. 4. In the event the CONTRACTOR is unable to suitably operate the facility, the CONTRACTOR may cancel this Agreement upon 45 days written notice to the CITY, provided that the CONTRACTOR shall load and transport all remaining material to a satisfactory, IEPA approved alternate site for the deposit of landscape waste as contemplated under this Agreement. A satisfactory site shall be one having sufficient tipping capacity for landscape waste generated by the CITY for the remainder of the calendar year in which cancellation occurs, and charging no greater rate than the rate then charged by the CONTRACTOR under this Agreement. Section V. Penalty Clause In the event of a breach of this Agreement by either party, the other party, at its option, may terminate this Agreement upon 45 days written notice, provided however that the party in breach may cure any default within the 45-day period. Any default of this Agreement will result in the CONTRACTOR adhering to the terms set forth in the Section IV, Item 4 of this Agreement. If the CONTRACTOR is found to have violated IEPA regulations, the City Council may, at its discretion, levy a fine of up to $1,000 for each day, for the first offense, that the violation existed at the site. The second offense shall be fined at $2,000 per day that the violation existed on site. The third offense shall be $3,000 per day that the violation existed on site. Section VI. CONTRACTOR Accountability Measures 1. The CITY will have the option to stop CONTRACTOR operations on any day when odor level is deemed unacceptable by the CITY, except if such a stoppage would put the site out of regulatory compliance. 57 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 6 of 11 6 2. The CONTRACTOR and CITY shall continue to meet as-needed during periods of March 15 - December 15 to inspect the site and address any operational concerns. 3. The CONTRACTOR will submit written monthly reports to the CITY no later than the 15th of the following month to include the volumes of incoming materials and outgoing finished product. 4. The CONTRACTOR will make itself available for all City Council and/or Committee meetings to review operations upon request of the City Manager or his duly authorized agent. 5. The CITY and the CONTRACTOR agree to actively participate with the Illinois Department of Health, Illinois Environmental Protection Agency, and Lake County Health Department on any health related studies associated with the operation of said compost facility. The CONTRACTOR shall develop, write, and apply for all necessary IEPA compost and transfer permit renewals and / or change of contractor notice. 6. The CITY’S independent auditor may review the CONTRACTOR’S yearly financial records to insure full compliance with this agreement upon request of the City Manager. The Auditor’s review shall be limited to those records which pertain to Lake Forest operations covered by this agreement. These records will be kept in separate accounts for audit purposes. 7. The CITY and CONTRACTOR will cooperate in the preparation of publications to provide information to reduce homeowners’ overall yardwaste quantities. 58 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 7 of 11 7 IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first above written. CONTRACTOR: By: Attest: CITY: The City of Lake Forest By: City Manager Attest: 59 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 8 of 11 8 ATTACHMENT A FEES The following flat monthly rate shall be paid to process all yard waste material as defined in Section II. B. Item 1 of this Agreement: $______________ / month 60 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 9 of 11 9 ATTACHMENT B INSURANCE REQUIREMENTS These requirements are baseline standards for insurance to be provided in City procurements. They may require adjustment from time to time based on a variety of factors, including the nature, scope, duration, and value of the procurement, subject to approval of the City Manager. A. Worker’s Compensation and Employer’s Liability with limits not less than: (1) Worker’s Compensation: Statutory; (2) Employer’s Liability: $500,000 injury-per occurrence $500,000 disease-per employee $500,000 disease-policy limit Such insurance shall evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non- owned, or rented. All employees shall be included as insureds. C. Comprehensive General Liability with coverage written on an “occurrence” basis and with limits no less than: $2,000,000 Bodily Injury and Property Damage Combined Single Limit Coverage is to be written on an “occurrence” basis. Coverages shall include: - Broad Form Property Damage Endorsement - Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) - Premises/Operations - Products/Completed Operations (to be maintained for two years following Final Payment) - Independent Contractors - Personal Injury (with Employment Exclusion deleted) - Broad Form Property Damage Endorsement - Bodily Injury and Property Damage “X”, “C”, and “U” exclusions shall be deleted. 61 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 10 of 11 10 Railroad exclusions shall be deleted if Work Site is within 50 feet of any railroad track. D. Builders Risk Insurance, written in completed value form, to protect the supplier or vendor and the City against “all risks” of direct physical loss to buildings, structures, equipment, and materials to be used in providing, performing, and completing the construction, including without limitation fire, extended coverage, vandalism and malicious mischief, sprinkler leakage, flood, earth movement, and collapse, and shall be designed for the circumstances that may affect the construction. This insurance shall be written with limits not less than the insurable value of the project at completion. The insurable value shall include the aggregate value of City-furnished equipment and materials to be constructed or installed by the supplier or vendor. This insurance shall include coverage while equipment or materials are in warehouses, during installation, during testing, and after the project is completed, but prior to final payment. This insurance shall include coverage while the City is occupying all or any part of the project prior to final payment without the need for the insurance company’s consent. E. Owner’s and Contractor’s Protective Liability Insurance, in the name of the City with a combined single limit for bodily injury and property damage of not less than the amount required by the City Manager. This requirement shall apply to construction projects. F. Professional Liability Insurance, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate and covering the supplier or vendor against all sums that supplier or vendor may be obligated to pay on account of any liability arising out of the contract. This requirement shall apply to design and consulting projects, as well as to contracts for professionals involved in construction projects. G. Umbrella Policy. The required coverages may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. H. City as Additional Insured. The City shall be named as an Additional Insured on all policies except for: Worker’s Compensation Professional Liability (if applicable) 62 AGREEMENT FOR THE OPERATION OF THE CITY OF LAKE FOREST COMPOST CENTER Page 11 of 11 11 Each such additional Insured endorsement shall identify the City as follows: The City of Lake Forest, including its City Council members and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives. I. Other Parties as Additional Insureds. Other entities should be included and named as additional insured on appropriate policies. 63 Agreement by and between Lake County Forest Preserve District, City of Lake Forest, and Lake Forest Academy This Agreement (“Agreement”) is dated as of the ____ day of ____________, 2015 (“Effective Date”), and is by and between the Lake County Forest Preserve District, a body politic and corporate, organized and existing under the Downstate Forest Preserve District Act, 70 ILCS 805/0.01 et seq. (the “District”), the City of Lake Forest, a _____________________________ (the "City"), and Lake Forest Academy, a _____________________________ (the "Academy"). In consideration of the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to all applicable authority, including without limitation, the Illinois Constitution, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and the statutes identified above, the District, the City, and the Academy (collectively, the “Parties”) agree as follows: Section 1. Recitals. A. The District owns certain real property known as Middlefork Savanna Forest Preserve (“Middlefork Savanna”) and currently maintains existing public trails in Middlefork Savanna (collectively, the "Existing Middlefork Trail"). Portions of Middlefork Savanna and the Existing Middlefork Trail are generally depicted on Exhibit A attached hereto. B. The Commuter Rail Division of the Regional Transportation Authority ("Metra") owns fee simple interest in and operates a right-of-way for railroad tracks (“Metra Tracks”) that runs along the western border of Middlefork Savanna. A portion of the Metra Tracks is generally depicted on Exhibit A attached hereto. C. The Academy owns certain real property west of the Metra Tracks (the “Academy Property”). A portion of the Academy Property is generally depicted on Exhibit A attached hereto. The Academy Property includes a private road known as “Academy Drive” and a private road known as "Faculty Drive." Faculty Drive and a portion of Academy Drive are generally depicted on Exhibit A attached hereto. D. The City owns land near the northeast corner of the intersection of the Metra Tracks and Illinois Route 60 (the “City Property”). The City Property is generally depicted on Exhibit A attached hereto. E. The Parties desire to have constructed (i) a public pedestrian bridge over the Metra Tracks (the "Bridge"), (ii) a new public trail segment within the Academy Property along Academy Drive and across Route 60 and Old Bridge Road (the “City Trail”), (iii) a new public trail segment from the Existing Middlefork Trail within Middlefork Savanna to the east end of the Bridge (the "East Approach"), and (iv) a new public trail segment from the City Trail to the west end of the Bridge (the "West Approach"). The Bridge, the City Trail, the East Approach, and the West Approach are generally depicted on Exhibit A. The components of the Bridge will include the “Steel Span,” “Concrete Ramps,” and “New Bridge Piers” generally depicted on 64 2 Exhibit A-1 attached hereto. The Bridge will be built utilizing the “Existing Concrete Bridge Abutments” generally depicted on Exhibit A-1. F. There currently exist other public trails and sidewalks located generally east, west, and south of Middlefork Savanna, the Academy Property, and the City Property owned and operated by the City of Lake Forest, Lake Forest Open Lands Association, the Village of Mettawa, and others (the "Additional Existing Public Trails"). There are also additional public trails that are planned for construction in areas located generally west of Middlefork Savanna, the Academy Property, and the City Property (the "Planned Public Trails"). Portions of the Additional Existing Public Trails and the Planned Public Trails are generally depicted on Exhibit B attached hereto. When the West Approach, the Bridge, and the East Approach (collectively, the “District Project”) and City Trail are completed, they will connect to the Existing Middlefork Trail and Additional Existing Public Trails and provide additional public recreational opportunities. Further, when the District Project, the City Trail, and the Planned Public Trails are completed, they will allow continuous public pedestrian and recreational access between Middlefork Savanna and MacArthur Woods Forest Preserve (a portion of which is depicted on Exhibit B), which is also owned by the District, and the public Des Plaines River Trail, a portion of which is located therein and generally depicted on Exhibit B. Upon its completion, the Des Plaines River Trail will provide a continuous public pedestrian and recreational trail from approximately the north border of Lake County to approximately the south border of Lake County. G. Neither the District nor the City has sufficient, currently available public funds to complete the design and construction of the District Project or the City Trail. Therefore, the District and the City have submitted an application (the “Grant Application”), as co-applicants, to the appropriate state and federal grant programs administered by government agencies (collectively, the “Government Agency”) for grant funds to pay for a portion of (i) the construction of the District Project and the City Trail and (ii) construction inspection and oversight services for the construction of the District Project and the City Trail (the “Phase III Engineering Services”), which grant programs include the Congestion Mitigation and Air Quality Improvement Program (“CMAQ”) and Illinois Transportation Alternatives Program (“TAP”) (collectively, “Grant Funds”). More specifically, the District and the City have applied for Grant Funds that pay for not less than 80% of the cost of constructing the District Project and the City Trail and 80% of the costs of the Phase III Engineering Services (“80% Funding”). H. In furtherance of the District’s and City’s efforts to obtain Grant Funds, the District has entered into a contract with Civiltech Engineering, Inc. (the “Phase I Contract”) pursuant to which Civiltech Engineering, Inc. is preparing a Phase I engineering study, that includes preliminary engineering and environmental analyses (the “Phase I Engineering Services”) and was necessary for the Grant Application. The Phase I Contract has a contract price of $116,839.50 (the “Phase I Contract Price”). I. The District also intends to enter into a contract for (i) additional design services for the final design of the District Project and the City Trail (the “Phase II Engineering Services”). J. If the Government Agency approves 80% Funding, then, under CMAQ and TAP (i) the Illinois Department of Transportation, as the Government Agency, would enter into one or more contracts with one or more contractors for the construction of the District Project and the City Trail (the “Construction Contract”) and (ii) the District would enter into one or more grant agreements governing the Grant Funds (the “Grant Agreement”). 65 3 K. The Parties acknowledge that several persons and entities have pledged to make donations to the Preservation Foundation of the Lake County Forest Preserves (the "Foundation") for the purpose of paying for a portion of the cost of the District Project (the "Donations"). The pledges include a pledge by the City for a $50,000.00 Donation toward the cost of the District Project and a pledge by the Academy for a $25,000.00 Donation toward the cost of the District Project. L. The Parties desire to enter into this Agreement for the purpose of: (i) cooperating with respect to the Grant Application, (ii) sharing the costs, between the City and the District, of the Phase I Contract and the Phase II Engineering Services, whether or not the Governmental Agency approves 80% Funding, (iii) if the Government Agency grants the Grant Funds: (a) finalizing the acquisition from Metra of the easements and other rights necessary to construct, use, maintain, and replace the District Project within the Metra Tracks, which may include an agreement to reimburse Metra for certain actions or requirements that may be taken or imposed before, during, and after the construction of the District Project, which costs may include without limitation, removal or relocation of the Bridge in whole or in part, the use of flagmen, the use of measures to protect the Metra Tracks, and the installation and maintenance of protective measures such as fences, gates, and locks (the "Additional Metra Costs"), (b) granting and accepting among each other the easements and other rights that are necessary to: (1) construct, use, maintain, and replace the West Approach and the City Trail and (2) complete other construction, maintenance and replacement activities, (c) cooperating with Government Agency’s efforts to cause the construction of the District Project and the City Trail, (d) causing the Phase III Engineering Services to be provided, (e) allocating amongst the District and the City their respective shares of that portion of the costs of (i) the construction of the District Project and City Trail and (ii) the Phase III Engineering Services, that are not paid for by the Grant Funds and that will be required, by the Government Agency, to be paid by a local agency as a condition of the agency receiving the Grant Funds (the “Local Share”), (f) providing for Donations by the City and the Academy toward the cost of the District Project, 66 4 (g) following construction of the District Project and the City Trail, allocating between the District and the City the obligations to maintain such improvements, and (h) allocating amongst all three Parties the obligations to pay for any Additional Metra Costs. Section 2. Grant Applications and Cooperation. Each Party, at its own cost, shall provide to the other Parties and to the Government Agency, to the extent that is commercially reasonable, such information, expertise, and assistance that is reasonably necessary or desirable to obtain 80% Funding. Section 3. Engineering Services. A. Phase I. The District will cause Civiltech Engineering, Inc. to complete the Phase I Engineering Services in accordance with the Phase I Contract. B. Phase II. The District will negotiate and enter into one or more contracts with one or more consulting firms (an “Engineering Firm”) pursuant to which the Engineering Firm will provide the Phase II Engineering Services for a price identified therein (the “Phase II Contract Price”), which contract or contracts will be subject to the approval of the City’s City Manager (the “City Manager”), who shall not unreasonably withhold or delay his approval (the “Phase II Contract”). C. Phase III. If the Government Agency approves 80% Funding, then the District will negotiate and enter into one or more contracts with an Engineering Firm pursuant to which the Engineering Firm will provide the Phase III Engineering Services for a price identified therein (the “Phase III Contract Price”), which contract or contracts will be subject to the approval of the City Manager, who shall not unreasonably withhold or delay his approval. The City and the District shall seek reimbursement of the Phase III Contract Price through the Grant Funds. If a Government Agency that approves the grant of Grant Funds determines that all or a portion of the Phase III Contract Price is within the scope of its grant program or otherwise is reimbursable via the Grant Funds that it approves, then that portion of the Phase III Contract Price otherwise reimbursable by Grant Funds, but within the Local Share, shall be borne by District and the City in accordance with Section 5. D. City’s Share of Payment. The City shall reimburse the District for: (i) 7.17% (the “City Phase I %”) of the Phase I Contract Price, but in no event more than $8,375.81, unless the Phase I Contract Price is increased by a change order that has been approved by the City Manager and, as a result thereof, 7.17% of the Phase I Contract Price exceeds $8,375.81 and (ii) 10.88% (the “City Phase II %”) of the Phase II Contract Price, but in no event more than $17,702.00, unless the Phase II Contract Price is increased by a change order that has been approved by the City Manager and, as a result thereof, 10.88% of the Phase II Contract Price exceeds $17,702.00 and 67 5 (iii) the City Phase III/Construction % (as defined in Section 4) of any portion of the Phase III Contract Price that is not reimbursable by Grant Funds and does not fall within the Local Share (“Phase III Unreimbursed Expenses”). E. City Progress Payments. If the District makes a progress payment to an Engineering Firm for a proportionate share of the Phase I Contract Price, the Phase II Contract Price, or the Phase III Unreimbursed Expenses (each, an “Engineering Progress Payment”), then, at the same time that it makes, or shortly after making, the Engineering Progress Payment, the District may submit to the City a payment request for an amount equal to the City Phase I %, the City Phase II %, or the City Phase III/Construction % (as the case may be) multiplied by the Engineering Progress Payment (the “City Engineering Progress Payment Request”). Within 45 days after the City receives a City Engineering Progress Payment Request, the City will pay the District that portion of the City Engineering Progress Payment Request that complies with this Agreement. If the City believes that a portion of the City Engineering Progress Payment Request does not comply with this Agreement, then the City and District will discuss such portion in good faith until they have reached an agreement thereon or are unable to do so. The City may withhold payment during such discussions, but shall promptly pay any portion later agreed to as a result of such discussions. Section 4. Construction Contract. If the Government Agency approves 80% Funding, the Parties shall cooperate with each other and with the Government Agency with respect to the Government Agency’s efforts to award a contract for the construction of the District Project and the City Trail (the “Construction Contract”) to one or more contractors (the “Construction Contractors”). The District and the City shall ask the Government Agency to ensure that the total price of the Construction Contract (the “Construction Contract Price”) is (i) the sum of (a) the cost of the District Project construction (the “District Project Construction Cost”) and (b) the cost of the City Trail construction, (the “City Trail Construction Cost”) and (ii) is stated in unit price terms so that the District Project Construction Cost and the City Trail Construction Cost can be clearly and readily calculated separately. The fraction, the numerator of which is the City Trail Construction Cost and the denominator of which is the Construction Contract Price, is referred to herein as the “City Phase III/Construction %.”. If the Construction Contract Price does not comply with this Section 4, then the District and the City will work cooperatively and in good faith with each other, the Government Agency, and the Construction Contractor to calculate the City Phase III/Construction %. Section 5. Allocation of Local Share. If, pursuant to the Grant Agreement or otherwise, the Governmental Agency submits a request to the District to pay all or any portion of the Local Share, the District shall pay such request within the time required by Grant Agreement or otherwise required by the Governmental Agency. The District may submit to the City a request (a “City Local Share Progress Payment Request”) that the City pay to the District an amount (a “City Local Share Progress Payment”) equal to: the Local Share (or portion thereof) payment paid by the District to the Governmental Agency x the City Phase III/Construction %. Within 45 days after the City receives a City Progress Payment Request, it shall pay the requested City Local Share Progress Payment to the District. After the Governmental Agency 68 6 makes a written determination of the final amount of the Local Share and the final payment, if any, due for the Local Share, the District shall pay such final amount due within the time required by the Governmental Agency. The City will then pay its final City Local Share Progress Payment, which shall equal: (the total and final Local Share x the City Phase III/Construction %) minus all prior City Local Share Progress Payments (the “City Final Local Share Progress Payment”). If the City Final Local Share Progress Payment is a negative number, then the District will pay the City Final Local Share Progress Payment to the City. Section 6. Termination for Failure to Obtain 80% Funding. If, by December 31, 2016 (or such later date agreed to by the District’s Executive Director (the “Executive Director”) and the City Manager) (the “Grant Deadline Date”), the District and the City fail to receive a commitment from a Government Agency for 80% Funding, then either the District or the City may terminate this Agreement because of such failure. This Agreement will remain in full force and effect if the District and the City obtain a commitment from a Government Agency for 80% Funding on or before the Grant Deadline Date. Section 7. Easements. A. Metra Easement and Right of Entry. Promptly after the Effective Date, the District will commence and use commercially reasonable efforts to obtain Metra’s agreement to approve (i) the Pedestrian and Bike Path Easement Agreement in the form attached hereto as Exhibit C, or in such other form approved by the Executive Director, the City Manager, and the Academy's ___________, granting to the District the rights necessary to construct, use, maintain, and replace the Bridge across the Metra Tracks as a public pedestrian and recreational trail, subject to the provisions therein (the "Metra Easement Agreement") and (ii) the Right of Entry Agreement in the form attached hereto as Exhibit D, or in such other form approved by the Executive Director, the City Manager, and the Academy's _________, granting to the District the right to enter the Metra Tracks, which may include access via a haul road along the east side of the Metra Tracks between Route 60 and the location of the Bridge, so they can gain access for construction, maintenance, and replacement work, subject to the provisions therein (the "Metra Right of Entry Agreement"). The District will execute the Metra Easement Agreement and the Metra Right of Entry Agreement only after the Governmental Agency approves 80% Funding. B. Academy Easement. Within three business days following the full execution of the Metra Easement and the Metra Right of Entry, the Academy and the City will execute an easement agreement with the City in the form attached hereto as Exhibit E (the "Academy Easement Agreement") granting: (i) a temporary easement to the District allowing it and the Government Agency (through the Construction Contractor) to construct the West Approach and those portions of the City Trail and Bridge located within the Academy Property, which will include (a) access through the Academy Property via Academy Drive, and (b) 69 7 a staging area adjacent to Faculty Drive generally in the location of the "Staging Area" generally depicted on Exhibit A attached hereto, (ii) a perpetual easement allowing (a) the City to use, maintain, and replace the West Approach and the portion of the City Trail within the Academy Property, as a public pedestrian and recreational trail, and (b) the District to maintain the Steel Span, Concrete Ramp, and New Bridge Pier, located within the Academy Property and to maintain and place fencing around the Existing Concrete Bridge Abutment located within the Academy Property. C. City Easement. Within three business days following the full execution of the Metra Easement and the Metra Right of Entry, the City will execute an easement agreement with the District in the form attached hereto as Exhibit F (the "City Easement Agreement") granting to the District, at any time the District is exercising its construction or maintenance obligations hereunder (i) access over the City Property to access the Middlefork Savanna via a haul road to be constructed in generally the location depicted as the “Haul Road” on Exhibit A, (ii) the right to install and use a stabilized construction entrance off Route 60 in generally the location depicted as the “Construction Entrance” on Exhibit A, (iii) the right to use an equipment staging area in generally the location depicted as the “Staging Area” on Exhibit A, and (iv) the right to trim trees and remove other plants. Section 8. Donations. Consistent with their previous pledges, and in addition to any other obligation they have under this Agreement (including, for the City, its obligation to pay its share of the Local Share), (i) the City shall donate $50,000.00 to the Foundation to be used to pay for a portion of the District Project and (ii) the Academy shall donate $25,000.00 to the Foundation to be used to pay for a portion of the District Project. In addition, if any Party becomes aware of an individual or organization that desires to make a Donation to support the District Project, the Parties, upon the request of any other Party, will request the donor to make the donation to the Foundation. The District will use all Donations for the District Project that it receives from the Foundation to pay for, or reimburse itself for, its share of the Local Share, to the full extent allowed by law and any other requirements governing the Grant Funds, or to any other expense related to the District Project that is not paid for by Grant Funds. Section 9. Maintenance Obligations and Costs. A. District Obligations. The District will maintain the Bridge (including the Steel Span, the New Bridge Piers, and the Concrete Ramps) and the East Approach after the completion of the District Project. 70 8 B. City Obligations. The City will maintain the West Approach after the completion of the District Project and the City Trail after its completion. C. Additional Metra Costs. The Parties will split any Additional Metra Costs, that are not otherwise paid for as part of the Local Share, equally amongst the three of them. D. Existing Concrete Bridge Abutments. No Party is obligated to maintain the Existing Concrete Bridge Abutments. However, the District (pursuant to the Academy Easement Agreement) and the Academy may maintain the Existing Concrete Bridge Abutment located on the Academy Property and the District may maintain the Existing Concrete Bridge Abutment located on the Middlefork Savanna. E. Enforcement. If any party fails to perform its maintenance obligations or make payments as required by this Section, each of the other Parties (i) may perform such obligation or make such payment, if it has given the failing Party notice of such failure and the failing Party does not, within 30 days after receiving such notice, cure such failure and (ii) upon performing such maintenance or making such payment, has a right to be reimbursed, by the failing party, for its out of pocket costs, including attorney’s fees and enforcement costs (including without limitation attorney’s fees and enforcement costs incurred in any litigation, filed to recover such costs, in which the performing or paying party substantially prevails). Section 10. General Provisions. A. Compliance with Laws. The District Project and City Trail will be designed and constructed in accordance with all applicable laws. B. Nature, Survival And Transfer Of Obligations. The easements granted pursuant to Section 7 of this Agreement shall be recorded against the Academy Property and the City Property and shall run with and bind the land and shall bind, inure to the benefit of, and be enforceable by (i) the grantors and grantees of such easements and their grantees, successors, and assigns, (ii) the District, as a third-party beneficiary of the easements granted in the Academy Easement Agreement, and its grantees, successors, and assigns, and (iii) all future owners of the Academy Property and City Property. C. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered: (i) personally, (ii) overnight by a reputable overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, or (iv) by electronic mail. Electronic mail notices shall be deemed valid only to the extent that they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three business days thereafter at the appropriate address set forth below. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. Mail, as evidenced by a return receipt. By notice complying with the requirements of this Section, each Party shall have the right to change the address or the addressee, or both, for all future notices and communications to such Party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the District shall be addressed to, and delivered at, the following address: Lake County Forest Preserve District 71 9 1899 W. Winchester Road Libertyville, IL 60048 Attention: Executive Director Email: akovach@lcfpd.org With a copy to: Matthew E. Norton, Esq. Holland & Knight LLP 131 S. Dearborn Street 30th Floor Chicago, IL 60603 Email: matt.norton@hklaw.com Notices and communications to the City shall be addressed to, and delivered at, the following addresses: City of Lake Forest 220 E. Deerpath Lake Forest, IL 60045 Attention: City Manager Email: __________________ With a copy to: Victor P. Filippini, Jr., Esq. Filippini Law Offices 990 Grove Street, Suite 220 Evanston, Illinois 60201 Email: victor.filippini@filippinilawfirm.com Notices and communications to the Academy shall be addressed to, and delivered at, the following addresses: Lake Forest Academy ____________________ ____________________ Attention: ____________ Email: _______________ With a copy to: George Covington, Esq. P.O. Box 126 Lake Bluff, IL 60044 Email: gcovington@sbcglobal.net The requirements of this Section shall not be deemed to invalidate any notice actually received. 72 10 D. Time of the Essence. Time is of the essence in the performance of this Agreement. E. Governing Law. This Agreement shall be governed by, and enforced in accordance with, the internal laws, but not the conflicts of laws rules, of the State of Illinois. F. Exhibits. Exhibits A through F attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. G. Amendments and Modifications. No amendment or modification to this Agreement that affects the rights or obligations of a Party shall be effective unless and until it is reduced to writing and approved and executed by all Parties affected by the amendment or modification. H. Authority to Execute. Each person executing this Agreement warrants and represents to the Parties (i) that he or she has the full and complete right, power and authority to execute this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement on behalf of the Party on whose behalf he or she is executing; and (ii) that all legal actions necessary to authorize him or her to execute and deliver this Agreement have been taken. I. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation, or entity shall be made, or be valid, against the Parties. ATTEST: Lake County Forest Preserve District By: By: Julie Gragnani, Secretary Ann B. Maine, President ATTEST: City of Lake Forest By: By: Robert R. Kiely, Jr., City Clerk ATTEST: Donald P. Schoenheider, Mayor Lake Forest Academy By: By: #31861131_v7 73 11 ACKNOWLEDGEMENTS STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) The foregoing instrument was acknowledged before me on _______________, 2015, by Ann B. Maine, the President of the Lake County Forest Preserve District, and by Julie Gragnani, the Secretary of said District. ___________________________________ Signature of Notary SEAL My Commission expires:_______________ STATE OF ILLINOIS ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on _______________, 2015, by Donald P. Schoenheider, the Mayor of the City of Lake Forest, and by Robert R. Kiely, Jr., the City Clerk of said City. ___________________________________ Signature of Notary SEAL My Commission expires:_______________ STATE OF ILLINOIS ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me on _______________, 2015, by _______________________, the ___________ of the Lake Forest Academy, and by ___________________, the ________________ of said Academy. ___________________________________ Signature of Notary SEAL My Commission expires:_______________ 74 Index of Exhibits Exhibit A General depiction of portions of Middlefork Savanna, Existing Middlefork Trail, Metra Tracks, Academy Property, and Academy Drive and general depiction of Faculty Drive, City Property, Bridge, East Approach, West Approach, City Trail, Staging Area, Haul Road, and Construction Entrance Exhibit A-1 General depiction of Bridge components: Steel Span, New Bridge Piers, Concrete Ramps, and Existing Concrete Abutments Exhibit B General depiction of portions of Additional Existing Public Trails and MacArthur Woods Forest Preserve and general depiction of Planned Public Trails Exhibit C Metra Easement Agreement Exhibit D Metra Right of Entry Agreement Exhibit E Academy Easement Agreement Exhibit F City Easement Agreement 75 Exhibit A General depiction of portions of Middlefork Savanna, Existing Middlefork Trail, Metra Tracks, Academy Property, and Academy Drive and General depiction of Faculty Drive, City Property, Bridge, East Approach, West Approach, City Trail, Staging Area, Haul Road, and Construction Entrance 76 2 Exhibit A-1 General depiction of Bridge components: Steel Span, New Bridge Piers, Concrete Ramps, and Existing Concrete Abutments 77 Exhibit B General depiction of portions of Additional Existing Public Trails and MacArthur Woods Forest Preserve and General depiction of Planned Public Trails 78 Exhibit C Metra Easement Agreement 79 Exhibit D Metra Right of Entry Agreement 80 Exhibit E Academy Easement Agreement 81 Exhibit F City Easement Agreement 82 Design costs not included in grant (Phase I & Phase II)$279,491.00 Estimated Construction Costs (Subject to 80/20 Grant funding)$2,582,900.00 Total Project Cost $2,862,391.00 Amount of construction cost reimbursable by grant funds (80%)$2,066,320.00 Amount of construction cost not reimbursable by grant funds (20% local agency match)$516,580.00 Design not covered by grant $279,491.00 Total expense not reimbursed by grant $796,071.00 Agency Share:Non-Grant Total Project The City of Lake Forest Donation $100,000.00 13%$100,000.00 3% Lake Forest Academy Donation $25,000.00 3%$25,000.00 1% LCFPD $671,071.00 84%$671,071.00 23% Federal Government $2,066,320.00 72% Agency Total Expense  If the final construction cost for the City portion of the Bike Trail exceeds $150,000.00 then the City will reimburse 20% of the cost over this amount to the LCFPD. This will be in addition to the $100,000.00 donation. $796,071.00 $2,862,391.00  MIDDLEFORK SAVANNA PEDESTRIAN BRIDGE/TRAIL CONNECTION COST BREAKDOWN 83 IL ROUTE 60 Path Alignment Proposed Shared-use ACADEMY DRIVECOMMUNITY PARK TOWNLINE ACADEMY LAKE FOREST NORTH BRANCH CHICAGO RIVERF AC UL T Y CI R C L E NDriveway Bridge, Restored in 1998 Original J. Ogden Armour Estate FOREST PRESERVE SAVANNA MIDDLEFORK To Be Modified Existing Traffic Signal Bridge Structure Proposed 221' Detailed Location Map Scale: 1 = 200' March 3, 2015 Exhibit 2 CMAQ/TAP Application Middlefork Savanna Trail Connection Lake County Forest Preserve District 84