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CITY COUNCIL 2015/04/20 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA April 20, 2015 at 6:30 pm City Hall Council Chambers Honorable Mayor, Donald Schoenheider Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward David Moore, Ald erman Second Ward Michael Adelman, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL immediately following the Finance Committee Meeting PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR 2. COMMENTS BY CITY MANAGER A. Community Spotlight Presentation on 2015 BMW Golf Championship, September 14-20, 2015 -Vince Pellegrino, Vice President of the Western Golf Association/Evans Scholar Foundation 1. Approve a Resolution of Support regarding Conway Farms Golf Club Hosting the 2015 BMW Championship Golf Tournament A copy of the Resolution can be found on page 14. COUNCIL ACTION: Approve the Resolution B. Green Minds Presentation on Natural Lawn Care -Yuh Schabacker-Koppel 3. COMMENTS BY COUNCIL MEMBERS FINANCE COMMITTEE 1. Consideration of an Ordinance making a Supplemental Appropriation for the Fiscal Year Beginning May 1, 2014 and Ending April 30, 2015 (First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY: Alderman George Pandaleon, Finance Committee Chairman and Elizabeth Holleb, Finance Director (847-810-3612) 1 April 20, 2015 City Council Agenda PURPOSE AND ACTION REQUESTED: As advised by the City Attorney, it is recommended to approve a supplemental appropriation at the end of each fiscal year for any fund that is anticipated to exceed the original appropriation. Staff requests first reading and if desired by the City Council, final approval of an Ordinance making a supplemental appropriation in Fiscal Year 2015. BACKGROUND/DISCUSSION: On April 21, 2014, the City Council approved an Intergovernmental Agreement (IGA) with the Village of Glenview to provide centralized dispatch services. This transition was completed in September 2014. The transition to consolidated dispatch pursuant to the Glenview IGA required that capital improvements projected for FY2016 were completed in FY2015. This non-budgeted capital expense requires a supplemental appropriation for the Emergency Telephone Fund. On January 20, 2015, the City Council granted final approval to ordinances pertaining to the establishment of a Tax Increment Financing (TIF) district at the northwest corner of Laurel and Western Avenues. Consistent with these Ordinances, the City has established a new Laurel/Western Redevelopment TIF Fund to account for all future revenues and expenses associated with the TIF district. Due to the fact the TIF was not anticipated in the adopted FY2015 budget, a supplemental appropriation is needed for all eligible expenses for the fiscal year. On December 1, 2014, the City Council approved a request from Public Works to advance the Water Plant Intake Well Algae Pre-Screen Project from FY2016 to FY2015, necessitating a supplemental appropriation for the FY2015 Budget. BUDGET/FISCAL IMPACT: The supplemental appropriation required to meet legal compliance as presented in the Ordinance is $180,000 for the Emergency Telephone Fund, $1,900,000 for the TIF Fund and $400,000 for the Water and Sewer Capital Improvement Fund. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance (page 16) making a supplemental appropriation for the fiscal year beginning May 1, 2014 and ending April 30, 2015 for consolidated dispatch implementation, the newly created TIF Fund and advance of the Water Plant Intake Project. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the April 6, 2015 City Council meeting Minutes A copy of the minutes begins on page 19. 2. Approval of a Resolution Reallocating 2015 Volume Cap to the Village of Buffalo Grove, Illinois 2 April 20, 2015 City Council Agenda STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval of a resolution reallocating the City’s 2015 private activity bond volume cap to the Village of Buffalo Grove, Illinois for the private activity bond clearinghouse (PABC) pool. BACKGROUND/DISCUSSION: The Federal Tax Reform Act of 1986 imposes a limit on the aggregate amount of “tax exempt private activity” bonds (also known as volume cap) that can be issued by a State. Pursuant to these federal regulations, the State of Illinois has developed a formula by which the State ceiling is allocated among governmental units in the State having authority to issue such bonds. The Illinois Private Activity Bond Allocation Act provides that a home rule unit of government is allocated an amount equal to $100 multiplied by its estimated population, which for Lake Forest in calendar year 2015 is $1,935,200 (19,352 x $100). By May 1, 2015, the City must take action to grant, reserve or transfer its allocation, or the amount is reserved by the Governor’s Office for a pool. The City may transfer its allocation to any other home rule unit of government, the State of Illinois or any agency of the State. This year, the City has received one request to transfer its volume cap, as follows: Organization Proposed Use Amount of Transfer Fee Village of Buffalo Grove (Lake County Partners) Private Activity Bond Clearinghouse 0.5% or $9,676.00* * Paid upon issuance of bonds utilizing the allocated volume cap Home rule units are not prohibited from charging a fee for transferring their cap. In prior years when economic conditions were more favorable, home rule units were able to induce developers to pay a higher transfer fee than that offered by Lake County Partners. In recent years, however, fewer developers have sought the volume cap due to low interest rates and declines in development activity. Because the volume cap amount for most municipalities is too small to assist with eligible projects, Lake County Partners created the Clearinghouse in 2000 as a way for Lake County communities to pool their cap and make best use of the allocation locally. Lake County Partners reports that in the past several years, they have seen little activity in the private activity bond market. Since its inception, the clearinghouse has funded nearly $200 million in local projects, including the construction of 360,000 square feet of new manufacturing space, creation of 648 new manufacturing jobs, renovation of 1,600 multi- family dwelling units, purchase of an estimated 251 homes by “first-time homebuyers”, expansion of a Montessori School, and construction of a new solid waste disposal “cell”. This is the tenth year under home rule status that the City has been allocated volume cap. The City has transferred its volume cap to Buffalo Grove for the past eight years. To date, fee income of $8,574.78 has been received. BUDGET/FISCAL IMPACT: Upon issuance of bonds utilizing the City’s volume cap, a transfer fee payment of .5% would be due to the City. Should the entire 2015 allocation be utilized by the pool, the City would receive $9,676.00. 3 April 20, 2015 City Council Agenda COUNCIL ACTION: Approval of a Resolution (page 25) Reallocating 2015 Volume Cap to the Village of Buffalo Grove, Illinois. 3. Approval to renew agreement for financial and land parcel management system software maintenance and licensing for FY2016. STAFF CONTACT: Elizabeth Holleb, Finance Director (847-710-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval to renew a one (1) year agreement with Sungard / HTE software which includes maintenance services and licensing. BACKGROUND/DISCUSSION: The Sungard / HTE Company has been providing The City of Lake Forest services for a financial and land parcel management system since 1998. This system is one of the largest software systems to support City operations. It encompasses financial, payroll, purchasing, general ledger, budget, water billing, online water billing payments, accounts receivable, fixed assets, parcel management, code enforcement, building permits and land management planning and zoning. BUDGET/FISCAL IMPACT: On February 27, 2015, staff received the following quote from Sungard / HTE: FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N 101-1315-415-43-37 $67,454 $65,762 Y The proposed fee represents a $2,636 (4.2%) increase over the costs for FY2015, primarily due to the addition of maintenance for the online water billing component added mid- FY2015. COUNCIL ACTION: Waive the bid process and approve a one (1) year maintenance agreement with Sungard / HTE for software support and licensing of the City’s financial and parcel management system based on the sole source vendor quote. 4. Award of contract for Oak Knoll Drive and Lawrence Avenue Watermain Replacement Project STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff requests awarding the contract for the Oak Knoll Drive and Lawrence Avenue Watermain Replacement Project to RJ Underground, Inc. BACKGROUND/DISCUSSION: The project involves replacing an existing aged watermain located under Oak Knoll Drive and Lawrence Avenue. The Oak Knoll Drive watermain project limits are from Old Mill Road to Big Oaks Court. The Lawrence Avenue watermain 4 April 20, 2015 City Council Agenda project limits are from Oak knoll Drive to Wood Hill Lane. The existing undersized 6” cast iron watermain along Oak Knoll Drive and Lawrence Avenue will be replaced with the City standard 8" PVC watermain. Each year, as part of Capital Improvement Program budget, staff evaluates the condition of existing watermain infrastructure in terms of age, capacity, watermain breaks, and other capital improvement projects scheduled on that street. Based on these factors staff developed an annual Watermain Replacement Program schedule to maintain City’s water distribution system at an optimum functional level. A majority of the Oak Knoll Drive and Lawrence Avenue watermain will be installed utilizing a trenchless, directional drilling technique, thereby creating less excavation and disturbance in the construction area. The preparation of plans and specifications including performing field surveys and design were prepared by in-house Engineering staff thereby allocating the design saving costs to other CIP projects. The Engineering staff will also provide daily inspectional services. BUDGET/FISCAL IMPACT: Bids for the Oak Knoll Drive and Lawrence Avenue Watermain Replacement Project were received and opened on April 2, 2015. City received a total of two (2) bids. The following is a summary of the bids received: BIDDER BID AMOUNT RJ Underground Inc. $741,283.00 RA Mancini, Inc. $883,305.00 Engineer’s Estimate $750,000.00 The low bidder, RJ Underground Inc. has previously worked in The City of Lake Forest. Most recently they completed the installation of new watermain along Sheridan Road to serve the Army Reserve at Fort Sheridan in 2014. The project was completed on time and the work was satisfactory to City staff. If awarded, the project would commence the beginning on May 18th and be completed by the end of August. Upon confirming the start date of the project, a letter will be sent to the residents within the limits of the project two weeks prior to start of construction. The City website, under Construction Updates, will also provide details on the construction schedule. Below is an estimated summary of Project budget: FY2016 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N Water and Sewer Fund 508-0001-440-75-01 $750,000 $750,000 Y COUNCIL ACTION: Staff recommends awarding the contract for the Oak Knoll Drive and Lawrence Avenue Watermain Replacement Project to RJ Underground Inc. in the 5 April 20, 2015 City Council Agenda amount of $741,283.00 plus authorization to expend, if necessary, an additional amount not to exceed the budgeted amount of $750,000.00 for unforeseen change orders that may occur during the administration of this project. 5. Award of the Lake Forest portion of the 2015 Joint Sewer Lining Project contract. STAFF CONTACT: Robert Ells, Superintendent of Engineering (810-3555) PURPOSE AND ACTION REQUESTED: Staff requests approval of a one year extension of the 2013 Joint Sewer Lining Project with Hoerr Construction for the 2015 Joint Sewer Lining Project. BACKGROUND/DISCUSSION: The City maintains approximately 139 miles of mainline sanitary sewer throughout the City. The pipe material that was predominantly used in the past to construct the sewers was a clay material. The clay pipes are most susceptible to deterioration from natural elements and root intrusions resulting in broken pipes and leaking joints. With a deteriorated pipe, the functionality of the pipe to carry the flows is compromised thereby creating surcharges and/or backups. This reconstruction technique is done without the expensive and disruptive excavation process. The process provides for the insertion of a special liner inside the pipe, creating a new smooth-surfaced, long-lasting pipe within the old sewer. This project was competively bid in 2013 under the Municipal Partnering Initiative (MPI) with Glencoe, Highland Park, and North Chicago. The contract allowed for two option years if recommended by the Municipal Partners. If approved, this will be the last option year on this contract. BUDGET/FISCAL IMPACT: The 2015 contract unit prices will increase 1.7% over last year for the 2015 contract per the terms of the 2013 contract. Below is an estimated summary of Project budget: FY2016 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund 508-0001-434-67-46 $175,000 $175,000 Y All four communities are recommending extending their portion of the contract to Hoerr Construction at their respective Council/Board meetings in the next few weeks. They have worked in Lake Forest on previous contracts with satisfactory results. COUNCIL ACTION: Staff recommends exercising the option to extend the Lake Forest portion of the 2013 Joint Sewer Lining Project contract for one year for a not-to-exceed amount of $175,000. 6 April 20, 2015 City Council Agenda 6. Request Funding for Additional Professional Services Provided by Strand Associates, Inc. for the Water Treatment Plant Study. STAFF CONTACT: Dan Martin, Superintendent of Public Works (810-3561) PURPOSE AND ACTION REQUESTED: The City’s Purchasing Directive 5.9 D. requires City Council approval, for contract change orders and modifications greater than 5% of the original contract amount. Based on this requirement, staff is requesting City Council approval to compensate Strand Associates, Inc. an additional $18,750 for professional services needed to further evaluate and provide water treatment study options that exceeded the original scope of services. The requests for additional evaluations were issued by City Council, the Public Works Committee and/or staff. BACKGROUND/DISCUSSION: At the June 11, 2014 City Council meeting, City Council approved a revised professional services agreement with Stand Associates, Inc. to continue performing a detail study of the plant operation. In addition, Strand Associates was asked to identify short-term and long-term membrane system improvements as a result of receiving AquaSource’s letter announcing their discontinuance of the filters used at the City’s water treatment plant (a copy of Amendment No.1 to Task Order No. 14-01 is included on page 27 of this packet). The chart below lists each task and provides a summary of the requested modifications. Task Summary of Modified Tasks Fee Revised Fee 1. Existing Conditions & Water System Demands (no change) $9,000 $9,000 2. Membrane System Short –Term & Long-Term Improvements: October 2014 Public Works Committee Meeting - Committee requested partial membrane system replacement proposals from all four vendors after seeking full membrane system replacement proposals (Scope Item 2.b(5)-(13)) $44,400 $50,800 (+$6,400) 3. Preliminary Needs Analysis of Existing Systems (no change) $20,000 $20,000 4. Water Treatment Plant Master Plan (no change) $18,500 $18,500 5. Supplier Communication & Meetings: Four additional Public Works Committee meetings attended – December, January and February meetings, March meeting (task #6) pending (seven total attended (scope item 5.b)) $14,000 $17,456 (+$3,456) 6. Water System Evaluation Services: March 2015 Finance Committee Budget Workshop – Committee requested evaluation of alternate water supply options in addition to membrane replacement project. $0.00 $8,894 (+$8,894) Total $105,900 $124,650 The study and recommendations were presented at the March 2015 Finance Committee Budget Workshop. As a result of the discussion, the Finance Committee requested an additional assignment to evaluate alternate water supply options from outside agencies. This additional scope of services is termed Task 6 in Strand Associates’ Amendment No.2 to Task Order No. 14-01 for the amount of $8,894 and can be found on page 30. 7 April 20, 2015 City Council Agenda BUDGET/FISCAL IMPACT: The Water Plant Performance Study is included in the F.Y. 2015 Capital Plan and was presented at the December 12, 2013 Finance Committee meeting. Since certain work was performed prior to the beginning of F.Y. 2015, Generally Accepted Accounting Principles requires such work be paid with F.Y. 2014 funds. The remaining $104,650 will be paid from the F.Y. 2015 Capital Improvement Fund. Savings realized from this year’s Oak Knoll Watermain project will pay for the additional $18,750 expense through the end of the fiscal year. FY2014 Funding Source Fund Number Account Budget Amount Requested Budgeted? Y/N Water Fund CIP 508-0001 $53,000 $20,000 N FY2015 Funding Source Fund Number Account Budget Amount Requested Budgeted? Y/N Water Fund CIP 508-0001 $100,000 $104,650 Y COUNCIL ACTION: Staff requests that City Council approve $18,750 for Strand Associate’s additional scope of services for the water plant performance study 7. Ratification of an agreement authorizing use of High Speed Rail Grant Funding for the Phase II final engineering design of the Telegraph Pedestrian Underpass Project STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff requests Council ratification of a Phase II design agreement between the City and HDR Engineering executed by the Mayor on October 13, 2013 and approved by IDOT on November 18, 2013. BACKGROUND/DISCUSSION: The City of Lake Forest has received $2M in grant funding for the Telegraph Rd pedestrian underpass project. The City awarded a Phase I design contract to HDR after conducting a competitive Request For Proposal process with Council approval on March 5, 2012. HDR was selected for Phase II services under Section 8.5 of the City Procurement Policy allowing for professional engineering services to be awarded based on the following citation: “City already has a satisfactory existing relationship with a firm providing the services”. The Illinois Department of Transportation approved the use of HDR for Phase II services. 8 April 20, 2015 City Council Agenda The Mayor executed an agreement with HDR Engineering to provide Phase II design engineering services for this project. Staff review of past Council minutes cannot locate specific reference to approval of the Phase II agreement by the full City Council. While the project has been reviewed and discussed at multiple City Council meetings, no mention of approval of the Phase II contract could be found in the minutes. It may of happened, it just cannot be located in any of the approved minutes. Consequently, staff is recommending that the City Council ratify the execution of the Phase II design agreement with HDR Engineering professional services contract. BUDGET/FISCAL IMPACT: This is an 80/20 reimbursable grant. The City will pay the expenditures and receive reimbursement for 80% of the costs. Below is an estimated summary of Project budget: Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N FY 15 Capital Fund 311-0050-417-76-89 $369,935.00 $369,935.00 Y FY 16 Capital Fund 311-0050-417-76-89 $560,262.00 $330,065.00 Y COUNCIL ACTION: Staff recommends ratification of the Phase II agreement authorizing the expenditure of the grant funds for engineering related to the Telegraph Pedestrian Underpass Project. COUNCIL ACTION: Approve the seven (7) Omnibus items as presented. 6. ORDINANCES 1. Consideration of an Ordinance Amending Section 51.045 of the City Code, Water Wells as Recommended by the Public Works Committee. (Final Approval) 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. On April 6, 2015, City 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 32. A black line copy of the Ordinance along with a copy of the current Code relating to wells is also included in the Council packet. Beginning on page 44 is correspondence of support of the amendment. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments 9 April 20, 2015 City Council Agenda 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. City Council April 6, 2015 Approval of First Reading 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 exceed the number anticipated when the water plant was designed 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. During the discussion of the first reading of the Ordinance, the City Council considered whether the language should be modified to permit wells on more residential properties by reducing the minimum lot size required. However, the Council agreed that as an initial step, the current language is appropriate, to open the door slowly on this issue, to allow staff to evaluate how the well approval process works, and to better understand the financial impact of water wells on the Water Fund. The Council acknowledged that the Code language can be further amended in the future to be more permissive if determined to be appropriate by the City Council. 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. Staff estimates that 56 residential properties meet the requirements for a private well based on the Code amendment. However, only 18 of the 56 properties have an existing irrigation system that could potentially be tied into a well. The estimated annual revenue loss for these properties is $27,390 (estimated loss does not take into account the fixed 10 April 20, 2015 City Council Agenda rate meter size, nor the tiered water rate). The remaining 38 properties would have to bear the expense of installing an irrigation system and a well. COUNCIL ACTION: Grant final approval of an Ordinance amending Section 51.045, Water Wells to permit private wells under certain conditions. 7. NEW BUSINESS 1. Request for City Council to Waive the Competitive Bidding Process to Purchase LED Street Light Lamps PRESENTED BY: Dan Martin, Superintendent of Public Works (810-3561) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council waive the competitive bid process and award the purchase of Neptūn LED retrofit lamps directly from the manufacturer, Neptūn Light, Inc., instead of purchasing them from a commercial wholesaler. The City began using the Neptūn LED retrofit lamps to convert the existing street lights to LED last year. Staff recommends continuing to use the same manufacturer in order to reduce maintenance and inventory costs, and to maintain a uniform lighting color/brightness that differs from one manufacture to another. Purchasing the lamps factory direct will allow the City to avoid paying additional handling fees and higher profit margins, which equated to approximately a 5.1% savings from last year’s purchase price. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee April 6, 2015 Endorsed waiving the bid process to purchase LED lamps factory direct. City Council April 21, 2014 Approved purchasing Neptūn LED retrofit lamps. Public Works Committee April 14, 2014 Endorsed purchasing Neptūn LED retrofit lamps. BACKGROUND/DISCUSSION: Staff’s long-term plan has been to convert all 1,600 electrical street lights from the traditional metal halide lamp and ballast system to the more efficient Light Emitting Diode (LED) technology. The conversion plan directly supports the City’s emphasis on sustainability outlined in the strategic plan by reducing the overall electrical consumption and greenhouse gas emissions from daily operations. Compared to metal halide street lighting, LED lights will reduce energy consumption by 60% and can last up to three times longer, leading to additional savings on maintenance costs while maintaining the traditional appearance of the light. In the past, staff replaced approximately 300 metal halide lamps per year as part of a five-year rotation plan. Due to the longer life spans of LEDs, re-lamping has increased to an 8 to 10 year rotation. 11 April 20, 2015 City Council Agenda As early as 2009, the City began looking into LED street light technology and conducted several pilot installations using different products in different style street lights within the City. The pilot projects tested the performance, reliability, weather durability, product/implementation costs and maintenance of LED lamps. As a result of the LED pilot project, staff recommended using Neptūn LED self-ballasted retrofit lamps (LED-N148 series) to convert the existing metal halide street lights to LED. The Neptūn LED retrofit lamps are compact, durable, have a five year warranty, and most importantly, the self- ballasted feature allows the lamp to be used with either 120 or 277 volts. The built in self- ballasted lamp will save a considerable amount of retrofit installation time and money. Other satisfied Neptun LED lighting customers include the Chicago Transit Authority, Village of Wilmette, Duke University, University of Wisconsin Marquette, Rosemont and the Village of Oak Park. BUDGET/FISCAL IMPACT: As part of the City’s Capital Improvement Program Budget, $60,000 dollars has been budgeted for each of the next five fiscal years for LED street light conversion. The table below shows the cost difference between the bid City Council awarded in FY2014 and the proposed FY2015 bid. Purchasing factory direct from Neptūn Light, Inc. reduces the unit cost by $4.99 or 5.1%, enabling the City to purchase an additional 32 LED lamps. Year Contractor Quote Amount Lamp Quantity Total Amount FY15 Proposed Bid Neptūn Light, Inc. $93.00 Each 644 Units $59,892.00 FY14 Awarded Bid W. W. Grainger, Inc. $97.99 Each 612 Units $59,969.88 Below is an estimated summary of Project budget: FY2015 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N General Fund $60,000 $59,892 Y COUNCIL ACTION: If determined to be appropriate by the City Council, waive the competitive bid process and award the purchase of Neptūn LED retrofit lamps to Neptūn Light, Inc. in the amount of $59,892.00. 9. ADJOURNMENT Office of the City Manager April 15, 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 12 April 20, 2015 City Council Agenda 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. 13 RESOLUTION OF SUPPORT REGARDING CONWAY FARMS GOLF CLUB HOSTING THE 2015 BMW CHAMPIONSHIP GOLF TOURNAMENT SEPTEMBER 14-20, 2015 WHEREAS, the Conway Farms Golf Club was designed by famed golf course architect Tom Fazio and opened for play in August, 1991 as a Scottish links-styled golf course; and WHEREAS, the PGA TOUR has selected Conway Farms Golf Club as the site of its 2015 BMW Championship, the third of four events in the PGA TOUR Playoffs for the FedEx Cup which include the top 70 golfers in the world; and WHEREAS, the 2013 BMW Championship was a success when held at Conway Farms Golf club in 2013 and named “Tournament of the Year” by the PGA; and WHEREAS, the BMW Golf Tournament raises critical funds for the Western Golf Association’s Chick Evans Caddie Scholarship Program, which since 1930 has granted over 9,600 men and women at fourteen universities across the nation college scholarships, including room and board, making it one of the country’s largest privately-funded scholarship programs; and WHEREAS, the City of Lake Forest supports the staging of this premier golf tournament at the Conway Farms Golf Club and is prepared to assist the Western Golf Association and Conway Farms Golf Club in handling the necessary public safety and other ancillary operational services associated with the hosting of a professional golf event. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS: SECTION ONE: The foregoing recitals are incorporated into this Resolution as if fully set forth in this Section. SECTION TWO: It is hereby determined to be in the best interest of The City of Lake Forest to authorize the City Manager and staff to provide the support necessary for the success of the golf tournament, preserve the public health, safety and welfare of the participants, spectators and residents of Lake Forest, and to do so with minimal to no financial impact on the City. SECTION THREE: The City Manager is also directed to work with the appropriate parties and agencies to secure the necessary City, County and State permits including, but not limited to: building, health, liquor and sign permits that would be normal and typical to the staging of a professional golf tournament. 14 SECTION FOUR: The Mayor and City Council do hereby proclaim the week of September 14 through September 20, 2015 as BMW CHAMPIONSHIP GOLF TOURNAMENT week and urge all citizens to support the event and the charitable contributions made by the tournament to the Chick Evans Scholarship Program. SECTION FIVE: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED: APPROVED: RESOLUTION NO.: ____________________________________ Mayor ATTEST: ________________________________________ City Clerk 15 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION FOR THE FISCAL YEAR BEGINNING MAY 1, 2014 AND ENDING APRIL 30, 2015 WHEREAS, on July 21, 2014, The City of Lake Forest adopted Ordinance No. 2014-28 entitled the [“Annual Appropriation Ordinance For The Fiscal Year May 1, 2014 to April 30, 2015”] appropriating funds for the fiscal year beginning May 1, 2014 and ending April 30, 2015 (“Appropriation Ordinance”); and WHEREAS, there is either additional revenue available to the City or estimated to be received by the City, which additional revenue became available or was estimated to be received subsequent to the adoption of the Appropriation Ordinance, or there is revenue available to the City from fund balances available when the Appropriation Ordinance was adopted but that were not appropriated at that time; and WHEREAS, pursuant to 65 ILCS 5/8-2-9, the Mayor and City Council have determined that it is proper and necessary to appropriate such revenue through the adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: 16 2 SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Supplemental Appropriation. The City Council hereby approves a supplemental appropriation for the objects and purposes as set forth in the schedule attached hereto as Exhibit A. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2015 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2015 _____________________________ Mayor ATTEST: _______________________________ City Clerk 17 3 EXHIBIT A: Supplemental Appropriation Schedule Emergency Telephone Fund Expense $180,000 Laurel/Western Redevelopment TIF Fund Expense $1,900,000 Water and Sewer Capital Improvement Fund Expense $400,000 18 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, April 6, 2015 City Council Meeting - City Council Chambers Motion to appoint Alderman Beidler as Acting Mayor Alderman Waldeck made a motion to appoint Alderman Beidler as Acting Mayor, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. CALL TO ORDER AND ROLL CALL: Acting Mayor Beidler called the meeting to order at 6:30 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Madame Chair Beidler, Alderman Waldeck, Alderman Pandaleon, Alderman Moore, Alderman Reisenberg, Alderman Moreno and Alderman Adelman. Absent: Mayor Schoenheider and Alderman Tack. Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Susan Banks, Communications Manager; Catherine Czerniak, Director of Community Development; Elizabeth Holleb, Finance Director; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works; Bob Ells, Superintendent of Engineering; James Held, Police Chief; and Anne Whipple. There were approximately 60 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. Deer Path Art League & Gallery Emerging Artists Awards -Jillian Chapman, Gallery Director Madame Chair Beidler reported she had the opportunity to be present as a member of the audience last year when these awards were given. She then introduced Gallery Director, Jillian Chapman, who reported that this is the 61st Anniversary of the League and gave an overview of what is happening at the Art League and invited the public to the gallery. The following is a list of recipients who received Mayoral Awards: Carolyn Stach, Bennett Duggan, Katie Hollander, Camille Harling, Sara Reynolds, Mark Winick, Patrick Corrigan, Ani Plambeck, Ainsley Wiesner, Charlie Sundberg, William Basedow, Vince Montalbano, Finley Condon, Robert Hammond, Renee Huang, Sophie Emery, Emily Conklin, Nate Woldenberg, Ericka Alfaro, Margaux Miller, Grace Taylor, Jessica Xiang, Emily Molins. COMMENTS BY CITY MANAGER 19 Proceedings of the April 6, 2015 Regular City Council Meeting A. Community Spotlight Lake Forest Open Lands -John Sentell, President City Manager Robert Kiely introduced John Sentell, President of Open Lands. Mr. Sentell reported that Lake Forest Open Lands Association is an independently funded conservation and educational organization devoted to the acquisition and stewardship of our natural landscapes, and to ensuring all generations have a meaningful, lasting connection to nature and our land. This non-profit organization is supported completely by voluntary contributions, including membership dues and donations. Lake Forest Open Lands has acquired, reserved, restored and maintained over 800 acres of local native landscapes including prairies, savannas, woodlands and wetlands for the benefit and enjoyment of the local communities. The 12 miles of walking trails are open to the public year-round. Mr. Sentell reported that the program “The Play Out" at Mellody Farm Nature Preserve on Sunday April 26 from 1-4 pm encourages families to get outside and enjoy a variety of activities promoting creativity and exploration in nature and that an integral part of the event is "The Play Out Pledge" a signed commitment by kids to spend two hours outside during Earth Day weekend. Mr. Sentell reported that Open Lands are currently seeking volunteers and anyone interested should contact Open Lands. For more information he encouraged residents to visit the website http://lfola.org/. 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) Michael Thomas, Director of Public Works, reported that the purpose for the amendment is three-fold; high demand (offer an alternative water source option for larger parcels), environmental (reduction of treated water demand for larger parcels) and historic preservation (offer an option for larger historic parcels with significant landscapes). Mr. Thomas stated that historically, the City has not approved wells on residential properties and has only approved wells in limited cases on non-residential properties, as at golf courses and office developments, or to irrigate common areas within subdivisions. The proposed amendment would establish specific standards for water wells. Mr. Thomas stated the amendment would allow owners of large properties, or properties with unique and extensive garden features, to apply for a well permit. Additionally if the City Council approved the suggested changes they would be reviewed as to form and specific language by the City Attorney. Mr. Thomas reported that depending upon the number of wells installed, water revenues would decrease. Staff conducted an analysis to identify 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. 20 Proceedings of the April 6, 2015 Regular City Council Meeting Mr. Thomas added that the estimated number of residential properties that may meet the requirements for private wells is 56 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 56 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. Madame Chair Beidler asked if there was anyone from the public who wanted to comment on the matter. Seeing none, she asked for a motion. COUNCIL ACTION: Grant first reading of an Ordinance amending Section 51.045, Water Wells to permit private wells under certain conditions. Alderman Waldeck made a motion to grant first reading of an Ordinance amending Section 51.045, Water Wells, to permit private wells under certain conditions, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. Alderman Moore commented on an email he received from a resident regarding the contents of freight train rail cars passing through Lake Forest. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Dave Fontana of 701 Woodland, Lake Bluff, and Mr. Fiore offered their opinion to the City Council on the topic of vehicle towing. City Manager, Robert Kiely, added that staff is currently working with the City Attorney to create a bid process for towing within the City of Lake Forest. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the March 16, 2015 City Council meeting Minutes 2. Check Register for period February 21-March 27, 2015 3. Resolution of Sympathy for former Police Sergeant Jim Rogers 4. Consideration of an Ordinance Amending Various Sections of the City Code Related to Plumbing as Recommended by the Construction Codes Commission. (Final Approval) 5. Ratification of Prior City Council Actions from February 17, 2015 and March 16, 2015 6. Award of the Lake Forest portion of the 2015 Joint Concrete Pavement Patching Contract. 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 21 Proceedings of the April 6, 2015 Regular City Council Meeting 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 9. Award of Bid for the Replacement of a Parking Scooter for the Police Department Included in the FY2016 Capital Equipment Budget 10. Award of Bid for the Replacement of Four Refuse Scooters for the Sanitation Section Included in the FY2016 Capital Equipment Budget 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 12. Approval to Waive the Competitive Bidding Process to Purchase a New Basin Ramp 13. Award Contract for Recreation Department Tennis Program 14. Approval of Contract for Annual Grounds Maintenance Services in Parks FY ‘16 Budget 15. Approval of FY ‘16 Contract for Emerald Ash Borer Tree and Stump Removals 16. Award of Bid for the Municipal Services Lightning Protection Project Included in the F.Y. 2015 CIP Budget 17. Award of Bid for the Municipal Services Epoxy Floor System Included in the F.Y. 2015 CIP Budget 18. Award of Bid for the Operation of the City’s Compost Facility COUNCIL ACTION: Approve the eighteen (18) Omnibus items as presented. The City Council did not remove any item; however a brief discussion and questions to the staff occurred about items 6, 9, 14, 16, and 17. Members of the Council also had a discussion relating to the use of single vendor only products. Madame Chair Beidler asked members of the Council if they would like to remove any item or take separately. Seeing no request, she asked for a motion to approve the eighteen Omnibus items with approval of a scrivener’s error in the minutes. Alderman Adelman made a motion to approve the Omnibus items as presented, seconded by Alderman Moore. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Pandaleon, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 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. 22 Proceedings of the April 6, 2015 Regular City Council Meeting ORDINANCES None 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. Superintendent of Engineering, Robert Ells, reported that staff is recommending the approval of an intergovernmental agreement between the City of Lake Forest, Lake County Forest Preserve District and Lake Forest Academy. He said that 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. Mr. Ells stated that the 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 and includes a bridge across the Metra railroad tracks and a city maintained trail along Academy Drive to Route 60. He added that the work, supported by the City’s 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. Mr. Ells stated that with the District as the lead agency, this project had 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. 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. However, without grant approval, the project would not move forward and the City would only be responsible for the design portion of the project. Mr. Ells reported that the final IGA will stipulate that if the City portion of the construction work exceeds $150,000, 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, as the grant will cover the other 80% in addition to the $100,000 donation. The City Council had a lengthy discussion about the safety for pedestrians and bicyclists on Rt. 60, signage and a possible feasibility study in the future. Madame Chair Beidler asked if there was anyone from the public who wanted to comment on the matter. Seeing none, she asked for a motion. 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 23 Proceedings of the April 6, 2015 Regular City Council Meeting against the FY17 CIP allocation, with a FY16 supplemental appropriation being submitted at a later date if necessary. Alderman Reisenberg made a motion to 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, seconded by Alderman Moore. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Pandaleon, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. 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. Alderman Pandaleon made a motion to adjourn into Executive Session at 8:10 pm, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Pandaleon, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Adjournment into executive session RECONVENE INTO REGULAR SESSION ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Moreno. Motion carried unanimously by voice vote at 8:50 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. 24 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF LAKE FOREST, ILLINOIS REALLOCATING 2015 VOLUME CAP TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS WHEREAS, the City of Lake Forest, Lake County, Illinois the (“City”), is a municipality and a home rule unit of government duly organized and validly existing under Section 6(a) of Article VII of the 1970 Constitution and laws of the State of Illinois; and WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”), is available for the bonds; and WHEREAS, pursuant to the Code, the City has been allocated volume cap equal to $100.00 per resident of the City in calendar year 2015, or $1,935,200.00 for the issuance of such tax exempt private activity bonds; and WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond Allocation Act, 30 ILCS 345/1 et seq. (the “Bond Allocation Act), and the Guidelines and Procedures promulgated thereunder, the City may, prior to May 1, 2015, reallocate to other home rule units of government the volume cap allocated to the City by the Code for their issuance of such tax exempt private activity bonds or for subsequent transfer or reallocation; and WHEREAS, the City has not used any of its 2015 volume cap and has no present intention to use the same; and WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered Lake County home rule communities the opportunity to participate in a program to combine their respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the “Pool”) to facilitate the issuance of tax-exempt private activity bonds to finance, manufacturing and multi-family housing commercial projects in Lake County, Illinois, for economic development purposes (“Eligible Projects”); and WHEREAS, the Village of Buffalo Grove, a home rule unit of government (“Buffalo Grove”), pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host the Pool and to reserve its own volume cap, and accept volume cap reallocated to Buffalo Grove by other home rule units of government, for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; and WHEREAS, Buffalo Grove has requested that the City reallocate all of its 2015 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows: Section 1: Recitals. The foregoing recitals are incorporated in and made a part of this Resolution by this reference as findings of the City Council. Section 2: Transfer and Reallocation of 2015 Volume Cap. Pursuant to Section 6 and Section 6.1 of the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, the City irrevocably agrees to, and does hereby, transfer and reallocate all of its 2015 volume cap to Buffalo Grove to be used for 25 the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects as directed by the Advisory Committee created pursuant to Buffalo Grove Resolution No. 2001-51. Section 3: Agreement. This Resolution shall constitute the agreement of the City to a different allocation under Section 146(e)(3) of the Code and the writing required under Section 6 of the Bond Allocation Act. Section 4: Warranty. The City covenants and warrants that it has taken no action or issued bonds that would abrogate, diminish, or impair its ability to fulfill the written agreement, covenants, and undertakings on its part under this Resolution. Section 5: Authorization. As required by the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, a certified copy of this Resolution shall be transmitted to the Office of the Governor of the State of Illinois. Any and all appropriate and proper officers, officials, agents, and employees of the City are hereby authorized, empowered, and directed to take all necessary and advisable actions, and to execute all such documents and certificates, as may be necessary to further the purposes and intent of this Resolution. Section 6: Maintain Record. The City shall maintain a written record of this Resolution in its records for so long as the bonds to which the volume cap transferred by this Resolution is reallocated remain outstanding. Section 7: Effective Date. This Resolution shall be in full force and effect from and after its passage and approval as required by law and is enacted by the City pursuant to its powers under the laws of the State of Illinois and the Illinois Constitution of 1970 and its home rule powers. PASSED this _____ day of __________________, 2015. AYES: NAYS: ABSENT: APPROVED this _____ day of _______________, 2015. ____________________________________ Mayor ATTEST: __________________________ City Clerk 26 27 28 29 30 31 Page 1 of 6 THE CITY OF LAKE FOREST ORDINANCE NO. 2015-___ AN ORDINANCE AMENDING CHAPTER 51, “WATER”, OF THE CITY 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”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the Public Works Committee (the “Committee”) reviewed current data on irrigation systems and the impact of said systems on the City’s ability to meet water demand during peak usage times; and WHEREAS, the Committee determined that allowing the installation and use of wells for irrigation purposes, with some limitations, could help to alleviate extraordinary demands on the City’s Water Treatment Plant during limited periods of hot, dry conditions seasonally; and WHEREAS, the Committee further acknowledged that permitting the use of water wells will reduce the amount of potable water used for irrigation purposes; and WHEREAS, the Committee considered, over the course of four meetings, draft Code amendments regarding water wells which would establish criteria under which 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 32 Page 2 of 6 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 CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO: Amendment to Chapter 51. Chapter 51, entitled “Water,” of the City Code is hereby amended as follows: (a) Section 51.046 is hereby amended in its entirety, so that said Section shall hereafter be and read as follows: SECTION 51.046 Water Wells. To protect the public water supply of The City of Lake Forest from contamination from private wells, preserve the integrity and viability of the entire public water system, and to protect the health, safety and public welfare of the community. A. Permitted, Minimum Requirements. Wells are permitted on properties that meet one of the following minimum standards. 1. The property is a minimum of five (5) acres. 2. Contiguous properties, in common ownership, meeting the definition of a Zoning Lot as defined in Section 159.002 of the Code, which together total a minimum of five (5) acres. 3. The property or zoning lot is a minimum of three (3) acres and: a) Protected in whole or part by a recorded Conservation Easement(s) or other recorded easement established for the purpose of preserving and protecting trees, landscaping or open space; or b) Included in a Local Historic District or designated, in whole, or in part, or is designated as a Local Landmark; or 33 Page 3 of 6 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) feet of the well structure stating that water from the well is safe for irrigation only and is not treated for human consumption. 5. The property owner must sign a Hold Harmless Agreement, in a form approved by the City, to hold the City harmless in the case of any claim arising from the use of well water. The document shall be recorded on the property deed. 6. Any manholes or other above-ground openings located below the BFE must be watertight. C. Prohibitions. 1. Wells shall not be used for obtaining or storing water for human consumption. 2. Water from a well shall not be piped in to any habitable structure. 3. Water from a well shall not be used in irrigation systems located within 10 feet of a habitable residential structure. 4. No physical connection or cross connection is permitted between an irrigation system which is connected to a well and a) the public water system or b) a residential potable water system. 5. Hose connections are prohibited on any portion of an irrigation system which is connected to a well. 6. No well may draw water from a deep aquifer, as determined by the State of Illinois or the Director of Public Works. D. Application Process. Application for a private well shall be made on a form provided by the City and submitted to the City’s Community Development Department. The application shall include the following. 34 Page 4 of 6 1. Legal survey of the property. 2. A detailed plan indicating the proposed location and depth of the well, the location of any existing or proposed irrigation systems, details of all proposed water connections, pump houses and tanks. 3. Information on the size of the proposed well. 4. Application for an electrical permit and electrical contractor information. 5. Documentation of approval, or pending approval from the Lake County Health Department. 6. Demonstration of prior approval from all required State of Illinois regulatory agencies. 7. If a pond is proposed, all required permit applications and documentation must be submitted to allow review of the proposed pond. All necessary permits must be obtained. 8. Any additional materials or information deemed necessary by the Director of Public Works or Director of Community Development. E. Approval Process. Applications that are determined to meet the standards and requirements of this Section may be approved subject to the following requirements being satisfied in the determination of the Director of Public Works and Director of Community Development. 1. The property owner authorizes the City to, from time to time, at all reasonable hours, as deemed necessary to assure the public health and safety, to conduct on site inspections. 2. Documentation of final approvals from all applicable State of Illinois and Lake County agencies are filed with the City. 3. Prior to authorization to operate the well, a report from the well drilling contractor must be submitted and will be subject to review and approval by the Director of Public Works. 4. Submittal, on an annual basis, of satisfactory results from RPZ testing shall be submitted to the Director of Community Development verifying no cross connections or other threats to the public water system exist. F. Non-Use, Change of Use. 1. If a well ceases to be used for a minimum of two (2) consecutive years, the City may require the well to be decommissioned or abandoned at the sole cost of the property owner. 2. If application is made for subdivision of property on which a well is located, said application shall demonstrate that the minimum standards 35 Page 5 of 6 for water wells will continue to be fully satisfied. If the minimum standards are not met, the well shall be decommissioned or abandoned as a condition of the subdivision and prior to the recording of the subdivision plat. G. Decommissioning, Abandonment. The following minimum requirements shall be met during the process of decommissioning or abandonment. 1. Prior to decommissioning or abandonment, a Notice of Intent to Decommission or Abandon must be filed with the Director of Community Development. 2. All decommissioning or abandonment shall be done in accordance with all applicable requirements of all appropriate regulatory agencies of the State of Illinois and Lake County. Prior to the abandonment of a well, the well owner must obtain permission from these regulatory agencies to do such work and in turn, notify the City of his/her intention to abandon a well prior to the actual work. 3. Upon completion of the decommissioning or abandonment, the City shall conduct an on-site inspection and upon a determination that all applicable requirements are satisfied, the City will issue a Notice of Closure. 4. After a Notice of Closure is issued, the property owner shall file all required documents with the appropriate regulatory State and County agencies and with the City. H. General Prohibition. Except as otherwise expressly authorized in this Section, no new water well shall be permitted in the City. I. Violations; Penalties. Any person who fails to comply with any provision of this Section 51.046 shall be subject to fines and penalties in the maximum amount authorized under the City Code for each violation. Each instance of non-compliance with separate provisions of this Section 51.046 shall be deemed a separate violation. Each day that a violation continues shall be deemed a separate violation. SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2015 AYES: NAYS: ABSENT: 36 Page 6 of 6 ABSTAIN: Approved this _____ day of ____, 2015 Mayor ATTEST: City Clerk 37 Page 1 of 6 THE CITY OF LAKE FOREST ORDINANCE NO. 2015-___ AN ORDINANCE AMENDING CHAPTER 51, “WATER”, OF THE CITY 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”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the Public Works Committee (the “Committee”) reviewed current data on irrigation systems and the impact of said systems on the City’s ability to meet water demand during peak usage times; and WHEREAS, the Committee determined that allowing the installation and use of wells for irrigation purposes, with some limitations, could help to alleviate extraordinary demands on the City’s Water Treatment Plant during limited periods of hot, dry conditions seasonally; and WHEREAS, the Committee further acknowledged that permitting the use of water wells will reduce the amount of potable water used for irrigation purposes; and WHEREAS, the Committee considered, over the course of four meetings, draft Code amendments regarding water wells which would establish criteria under which 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 38 Page 2 of 6 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 CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO: Amendment to Chapter 51. Chapter 51, entitled “Water,” of the City Code is hereby amended as follows: (a) Section 51.046 is hereby amended in its entirety, so that said Section shall hereafter be and read as follows: SECTION 51.46046 Water Wells. To protect the public water supply of The City of Lake Forest from contamination from private wells, preserve the integrity and viability of the entire public water system, and to protect the health, safety and public welfare of the community. A. Permitted, Minimum Requirements. Wells are permitted on properties that meet one of the following minimum standards. 1. The property is a minimum of five (5) acres. 2. Contiguous properties, in common ownership, meeting the definition of a Zoning Lot as defined in Section 159.002 of the Code, which together total a minimum of five (5) acres. 3. The property or zoning lot is a minimum of three (3) acres and: a) Protected in whole or part by a recorded Conservation Easement(s) or other recorded easement established for the purpose of preserving and protecting trees, landscaping or open space; or b) Included in a Local Historic District or designated, in whole, or in part, or is designated as a Local Landmark; or 39 Page 3 of 6 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) feet of the well structure stating that water from the well is safe for irrigation only and is not treated for human consumption. 5. The property owner must sign a Hold Harmless Agreement, in a form approved by the City, to hold the City harmless in the case of any claim arising from the use of well water. The document shall be recorded on the property deed. 6. Any manholes or other above-ground openings located below the BFE must be watertight. C. Prohibitions. 1. Wells shall not be used for obtaining or storing water for human consumption. 2. Water from a well shall not be piped in to any habitable structure. 3. Water from a well shall not be used in irrigation systems located within 10 feet of a habitable residential structure. 4. No physical connection or cross connection is permitted between an irrigation system which is connected to a well and a) the public water system or b) a residential potable water system. 5. Hose connections are prohibited on any portion of an irrigation system which is connected to a well. 6. No well may draw water from a deep aquifer, as determined by the State of Illinois or the Director of Public Works. D. Application Process. Application for a private well shall be made on a form provided by the City and submitted to the City’s Community Development Department. The application shall include the following. 40 Page 4 of 6 1. Legal survey of the property. 2. A detailed plan indicating the proposed location and depth of the well, the location of any existing or proposed irrigation systems, details of all proposed water connections, pump houses and tanks. 3. Information on the size of the proposed well. 4. Application for an electrical permit and electrical contractor information. 5. Documentation of approval, or pending approval from the Lake County Health Department. 6. Demonstration of prior approval from all required State of Illinois regulatory agencies. 7. If a pond is proposed, all required permit applications and documentation must be submitted to allow review of the proposed pond. All necessary permits must be obtained. 8. Any additional materials or information deemed necessary by the Director of Public Works or Director of Community Development. E. Approval Process. Applications that are determined to meet the standards and requirements of this Section may be approved subject to the following requirements being satisfied in the determination of the Director of Public Works and Director of Community Development. 1. The property owner authorizes the City to, from time to time, at all reasonable hours, as deemed necessary to assure the public health and safety, to conduct on site inspections. 2. Documentation of final approvals from all applicable State of Illinois and Lake County agencies are filed with the City. 3. Prior to authorization to operate the well, a report from the well drilling contractor must be submitted and will be subject to review and approval by the Director of Public Works. 4. Submittal, on an annual basis, of satisfactory results from RPZ testing shall be submitted to the Director of Community Development verifying no cross connections or other threats to the public water system exist. F. Non-Use, Change of Use. 1. If a well ceases to be used for a minimum of two (2) consecutive years, the City may require the well to be decommissioned or abandoned at the sole cost of the property owner. 2. If application is made for subdivision of property on which a well is located, said application shall demonstrate that the minimum standards 41 Page 5 of 6 for water wells will continue to be fully satisfied. If the minimum standards are not met, the well shall be decommissioned or abandoned as a condition of the subdivision and prior to the recording of the subdivision plat. G. Decommissioning, Abandonment. The following minimum requirements shall be met during the process of decommissioning or abandonment. 1. Prior to decommissioning or abandonment, a Notice of Intent to Decommission or Abandon must be filed with the Director of Community Development. 2. All decommissioning or abandonment shall be done in accordance with all applicable requirements of all appropriate regulatory agencies of the State of Illinois and Lake County. Prior to the abandonment of a well, the well owner must obtain permission from these regulatory agencies to do such work and in turn, notify the City of his/her intention to abandon a well prior to the actual work. 3. Upon completion of the decommissioning or abandonment, the City shall conduct an on-site inspection and upon a determination that all applicable requirements are satisfied, the City will issue a Notice of Closure. 4. After a Notice of Closure is issued, the property owner shall file all required documents with the appropriate regulatory State and County agencies and with the City. H. General Prohibition. Except as otherwise expressly authorized in this Section, no new water well shall be permitted in the City. I. Violations; Penalties. Any person who fails to comply with any provision of this Section 51.046 shall be subject to fines and penalties in the maximum amount authorized under the City Code for each violation. Each instance of non-compliance with separate provisions of this Section 51.046 shall be deemed a separate violation. Each day that a violation continues shall be deemed a separate violation. SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2015 AYES: NAYS: ABSENT: 42 Page 6 of 6 ABSTAIN: Approved this _____ day of ____, 2015 Mayor ATTEST: City Clerk 43 44 45