Loading...
CITY COUNCIL 2016/02/01 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, February 1, 2016 at 6:30 pm City Hall Council Chambers Honorable Mayor, Donald Schoenheider Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL 6:30pm PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Emergency Telephone System Board (ETSB) Meeting ***OPEN PUBLIC MEETING OF THE ETSB*** PRESENTED BY: Jeff Howell, Fire Chief PURPOSE AND ACTION REQUESTED: The ETSB meeting will be conducted in order to address unanticipated and unbudgeted expenditures from the fund. BACKGROUND/DISCUSSION: The ETSB is comprised of the Mayor, all sitting Alderman, the Police Chief, the Deputy Police Chief, and the Fire Chief. The ETSB has incurred unanticipated costs relating to repairs to the City’s siren warning system. Additional maintenance is expected to the siren warning system in the spring. ETSB FY 2016 Budget: Details can be found in the Fiscal Year City of Lake Forest ETSB budget included on page 15. FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N E-911 Fund $189,835 $196,897 N Following is a summary of the unbudgeted items in the current FY 2016 ETSB Budget, which have been partially offset by savings in other budgetary line items. 1 Monday, February 1, 2016 City Council Agenda JS Communications Siren Upgrade $3304.07 JS Communications City Hall Siren $1890.00 JS Communications Academy Dr. Siren $1670.69 JS Communications City Wide Warning Sirens $2000.00 Total $8864.76 ***MOTION TO CLOSE PUBLIC MEETING OF THE ETSB*** RECOMMENDED ACTION: Approval by the ETSB board of the supplemental funding to the ETSB FY2016 Budget to cover the unanticipated costs incurred. If needed, these costs will be included in the year-end supplemental appropriation ordinance. 2. COMMENTS BY CITY MANAGER A. Final Update Regarding Revisions to Administrative Directive 1-17 (“Special Events Policy”) for the City of Lake Forest. PRESENTED BY: Michael Strong, Assistant to the City Manager (847-810-3680) PURPOSE AND ACTION REQUESTED: City Staff will prepare a Resolution, for City Council consideration on February 16, 2016, amending Administrative Directive 1-17 (“Special Events Policy”), which governs the administration, review, and approval of special events within the City. The purpose of this Resolution is to formally recognize amendments to this Policy which incorporate new sections and revisions to current provisions outlining the process and procedures for the administration of special events that take place in The City of Lake Forest. The draft Resolution begins on page 16. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council August 3, 2015 Reviewed City Council November 2, 2015 Reviewed City Council January 19, 2016 Reviewed BACKGROUND/DISCUSSION: Since the original adoption of the Special Events Policy in 2001, a series of internal amendments have been incorporated to seek efficiencies in the procedure for approving special events that take place within the City on an annual basis. As staff explained during the January 19, 2016, regular City Council meeting, the provisions included in the revised policy have been developed through collaboration with staff members form various operational departments, feedback provided by event organizers, and comments provided by City Council. A copy of the final redlined version will be sent under separate cover. 2 Monday, February 1, 2016 City Council Agenda BUDGET/FISCAL IMPACT: None. The Policy requires that costs incurred for special city services be charged back to event organizers. COUNCIL ACTION: No action requested at this time, item is for informational purposes only. 3. COMMENTS BY COUNCIL MEMBERS PUBLIC WORKS COMMITTEE A. Award of Bid for the Water Plant Membrane Manufacturer, Approval of Design Capacity at 14 Million Gallons Per Day (MGD), and Approval of the Water Treatment Plant Design Agreement PRESENTED BY: PUBLIC WORKS COMMITTEE CHAIRMAN WALDECK CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award of bid for the water plant membrane manufacturer, approval of the plant’s design capacity at 14 MGD, and approval of the design services utilizing the selected membrane manufacturer. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee January 27, 2016 Reviewed & Approved Membrane Manufacturer, Design Capacity, and Design Services Agreement BACKGROUND/DISCUSSION: In January, 2014, City Council approved funding for a comprehensive evaluation of the City’s water plant. At that time, the plant’s membrane filter system was ten years old and staff had recommended that an overall analysis of the plant equipment and a twenty-year capital improvement plan be developed to guide both short and long term improvements throughout the facility. In conjunction with the approval to commence the study, eighty-eight additional filters were purchased to address aging membrane fibers and help return the plant to a higher capacity during the summer months. In May, 2014, the City received a letter from its filter supplier stating that the company would no longer be producing the filters used in the City’s water plant. Receipt of this notice began a very detailed analysis of the options the City would have to replace its filtering system. The Public Works Committee began its analysis in June, 2014. On June 1, 2015, City Council narrowed the possible membrane suppliers to three companies. All three companies have multiple installations throughout the United States and Canada, and with minor work to the plant, are interchangeable if the City were to ever decide to utilize a different module. At their January 27, 2016 meeting, the Public Works Committee recommended approval of the replacement filtering company, plant capacity, and design services for City 3 Monday, February 1, 2016 City Council Agenda Council’s consideration at this evening’s meeting. Beginning on page 18 of this agenda packet is the PowerPoint presented to the Public Works Committee. BUDGET/FISCAL IMPACT: On Wednesday, January 20, 2016, the City received sealed bids from the following companies to provide the filters and filtering equipment for a 14 MGD plant capacity. Each company also provided a deduct if the plant had 14 MGD worth of filtering equipment but only 11.4 MGD worth of filters. Description Probable Cost by Engineer GEWPT Evoqua Pall Corporation Base Bid - Filter Eqpt. & Filters for 14 MGD Capacity $3,681,000 $2,398,000 $2,651,812 $2,985,387 Deduct - Filter Eqpt. for 14 MGD & Filters for 11.4 MGD Capacity -$290,000 -$223,000 -$202,500 -$286,700 Total Present Worth Cost: 20- Year Includes filter Replacement, and Chemical Costs $5,668,000 $3,368,273 $3,444,015 $4,161,606 After receipt of the bids, both staff and the City’s consulting engineer evaluated the three companies based upon a point system that analyzed total present worth costs (50% of the points), conformance to bidding documents (25% of the points), and applicable similar project experience (25% of the points). Staff contacted references supplied by all three vendors and in addition, contacted other plants that were not listed in the company’s reference list. After four days of phone interviews with multiple water plants, staff concluded that plants utilizing all three membrane manufacturers were very happy with the filters, the support that was provided, and the timeliness of service requests, part orders, and filter replacements. Attached on page 32 of the agenda packet is a listing of water plants throughout the United States and Canada that either use GE’s, Evoqua’s, or Pall’s membrane filters. Specifically, all three membrane manufacturers have a strong U.S. presence; GE and Evoqua both have Lake Michigan experience, Pall Corporation does not. Both GE’s base bid and 20-year present worth costs were less than Evoqua’s. Based upon the comprehensive analysis performed by staff and Strand Associates, the recommendation to proceed with GE for the water plant’s filtering system was reviewed and approved by the Public Works Committee. Staff will be requesting approval of a procurement contract with GE in the amount of $250,000 in early FY 2017. The total construction cost, to include the filter bid as noted above, is currently estimated at $9,750,000. To maintain the established schedule, staff is also requesting approval to begin design services so that City Council may award the construction contract in April, 2017. $565,000 is budgeted between fiscal years 2016 and 2017 for the water plant’s design. If approved by City Council this evening, it is requested that staff be authorized to expend $180,000 of the total design cost of $563,000 in FY2016. The remaining FY 2016 budgeted dollars will be rolled over into FY 2017. 4 Monday, February 1, 2016 City Council Agenda FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water Fund $380,000 $380,000 Y FY2017 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water Fund $185,000 $183,000 Y COUNCIL ACTION: Based upon the recommendation of the Public Works Committee, staff is requesting City Council approval of the following water plant project items: 1. Final plant design and filtering capacity shall be 14 MGD (million gallons per day). 2. The final plant design shall utilize the GE membrane filters. 3. Based upon the exception noted in Section 8.5 D1 of the City’s Purchasing Directive, approve an agreement with Strand Associates for the Water Treatment Plant Design in the amount of $563,000. (page 33) 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the January 19, 2015 City Council Meeting Minutes A copy of the minutes begins on page 37. 2. Check Register for Period January 2- January 22, 2016 Fund Invoice Payroll Total General 320,411 575,486 895,896 Water & Sewer 71,754 60,814 132,568 Parks & Recreation 65,729 139,341 205,070 Capital Improvements 160,328 0 160,328 Motor Fuel Tax 0 0 0 Cemetery 8,481 10,477 18,957 Senior Resources 4,126 8,439 12,565 Deerpath Golf Course 44,458 0 44,458 Fleet 39,594 22,381 61,975 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 1,225,014 97,640 1,322,654 $1,939,893 $914,578 $2,854,471 5 Monday, February 1, 2016 City Council Agenda 3. Ratification of the ETSB Boards previous approval of the supplemental funding to the ETSB FY2016 Budget to cover the unanticipated costs incurred. If needed, these costs will be included in the year-end supplemental appropriation ordinance STAFF CONTACT: Jeff Howell, Fire Chief PURPOSE AND ACTION REQUESTED: The ETSB meeting was conducted in order to address unanticipated and unbudgeted expenditures from the fund. BACKGROUND/DISCUSSION: The ETSB is comprised of the Mayor, all sitting Alderman, the Police Chief, the Deputy Police Chief, and the Fire Chief. The ETSB has incurred unanticipated costs relating to repairs to the City’s siren warning system. Additional maintenance is expected to the siren warning system in the spring. ETSB FY 2016 Budget: Details can be found in the Fiscal Year City of Lake Forest ETSB budget included on page 15. FY2016 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N E-911 Fund $189,835 $196,897 N Following is a summary of the unbudgeted items in the current FY 2016 ETSB Budget, which have been partially offset by savings in other budgetary line items. JS Communications Siren Upgrade $3304.07 JS Communications City Hall Siren $1890.00 JS Communications Academy Dr. Siren $1670.69 JS Communications City Wide Warning Sirens $2000.00 Total $8864.76 COUNCIL ACTION: Approval of the supplemental funding to the ETSB FY2016 Budget to cover the unanticipated costs incurred. If needed, these costs will be included in the year-end supplemental appropriation ordinance. 4. Approval of an Ordinance Abating the 2015 Tax Levy for the 2008 General Obligation Bond Issue (Final Approval) STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests final approval of an Ordinance abating the 2015 tax levy associated with the 2008 GO Bond Issue. 6 Monday, February 1, 2016 City Council Agenda BACKGROUND/DISCUSSION: As a result of the Tax Levy Ordinance adopted by the City Council on December 7, 2015, it is projected that $635,000 in tax levy proceeds will be generated and available for additional abatement of debt service levies. The proposed Ordinance provides for the abatement of 2015 taxes levied for the 2008 General Obligation bond issue. The tax levies for all bond issues are established and recorded with the County Clerk at the time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement ordinance must be approved and filed with the County Clerk. The proposed Ordinance can be found on page 45. BUDGET/FISCAL IMPACT: The approval of the proposed Ordinance will reduce the debt service levy by $635,000 as contemplated by the tax levy ordinance adopted on December 7, 2015. COUNCIL ACTION: Grant final approval of the Ordinance abating the 2015 tax levy for the 2008 GO bond issue. 5. Final reading of an Ordinance approving the Adoption of the October 13, 2015 amendment to the Lake County Watershed Development Ordinance to meet FEMA’s National Flood Insurance Program (NFIP) requirements and remain a Lake County Certified Stormwater Community. STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Adoption by reference of the Watershed Development Ordinance of Lake County, Illinois as amended by the Lake County Board effective October 13, 2015. BACKGROUND / DISCUSSION: On June 19, 1992, The City of Lake Forest became the first community in Lake County to adopt the countywide Watershed Development Ordinance (WDO). This ordinance contains the minimum stormwater and drainage standards by which all development within the county must be designed. The Lake County Stormwater Management Commission (SMC), which is the county agency responsible for overseeing that this ordinance is being followed on a countywide basis, recognizes The City of Lake Forest as a Certified Stormwater Community that is able to administer the ordinance on our own with only periodic review by the SMC. All wetlands related permitting are still administered through SMC. Since this ordinance was first adopted in 1992, it has been revised on ten (10) other occasions. Periodic review of the Watershed Development Ordinance is undertaken by SMC to ensure that it is both up to date on technical issues and to remove any ambiguities that may arise in interpreting the regulations. The Lake County Board adopted the latest revisions to the Watershed Development Ordinance recommended by the SMC on or about October 13, 2015. A copy of the proposed Ordinance is included in the Council packet beginning on page 46. The City of Lake Forest, through the WDO, is in good standing with the National Flood Insurance Program (NFIP). As a NFIP member Federal Emergency Management Agency (FEMA) provides the City residents to buy flood insurance at a discounted rate. The WDO allows an Enforcement Officer to resolve drainage and flooding related concerns within 7 Monday, February 1, 2016 City Council Agenda the community. The WDO also regulates infrastructure improvements and detention requirements within School district jurisdiction. Ever since its adoption in 1992 City has received zero deficiencies from SMC in enforcing the WDO. COUNCIL ACTION: Approve final reading of the Ordinance amending TITLE XV: Land Use and Development: Chapter 152 Planning: Paragraph152.30: Adoption of Lake County Watershed Development Ordinance by Reference of The City of Lake Forest Code be rescinded and replaced with the adoption by reference of the Lake County Watershed Development Ordinance of Lake County, Illinois approved as amended by the Lake County Board effective October 13, 2015. 6. Ratification on previous approval of a Resolution committing to the expenditure of funds, approval of the Local Agency Consultant Agreement for Design Engineering Services for Federal Participation and the Local Agency Agreement for Federal Participation for the Lake Forest Metra Station – Union Pacific CBD North Line Stage 3 (Interior) Renovation Project, and authorization for the Mayor and the City Manager to execute Local Agency Agreements and other related documents. STAFF CONTACT: Michael P. Strong, Assistant to the City Manager (810-3680) BACKGROUND/DISCUSSION: At the Tuesday, January 19, 2016 City Council meeting, the City Council approved a Resolution committing to the expenditure of funds, approved the Local Agency Consultant Agreement for Design Engineering Services for Federal Participation and approved the Local Agency Agreement for Federal Participation for the Lake Forest Metra Station – Union Pacific CBD North Line Stage 3 (Interior) Renovation Project, and granted authorization for the Mayor and the City Manager to execute Local Agency Agreements and other related documents. In 2010 and 2012, the City received Illinois Transportation Enhancement Program (“ITEP”) grants totaling over $2.07 million in grant funding for this project. In addition to these funds, the City and Metra have contributed a combined total of roughly $617,000 to the project. The remaining work to be completed on this project includes various exterior improvements (e.g. masonry repair, tuck-pointing, painting and window restoration) which are scheduled to begin on March 15 and be completed sometime in late summer or early fall, and interior improvements (e.g. bathroom renovation, mechanical upgrades, aesthetics, etc.) which are anticipated to begin in the fall and be completed by the end of the year. This past October, Council approved a contract with Alfred Benesch & Company in the amount of $76,321 for the Phase II design engineering for the interior improvements. In an effort to reserve grant funds and expedite the schedule for design work, Council also authorized Alfred Benesch & Company to proceed with feasibility design work to be funded locally so that work could get started on this phase of the project while IDOT was reviewing the Local Agency Agreements. The Local Agency Consultant Agreement for Federal Participation is a required agreement for the use of the selected consultant (Alfred Benesch & Company) to provide Phase II design engineering services. 8 Monday, February 1, 2016 City Council Agenda The Local Agency Agreement for Federal Participation is a standard agreement between the City and IDOT that stipulates the division of cost (80/20) and general conditions for the use for federal grant funds. The City has received concurrence from IDOT on these Agreements, and the resolution before you this evening allows the Mayor and the City Manager to authorize the expenditure of funds in relation to the 20% match of federal grant money. BUDGET/FISCAL IMPACT: The current estimate for the remaining phase II design engineering work that has been provided for in the agreement is $56,321. The current estimated City 20% share is $11,265. This amount would be expended from the remaining ITEP grant balance. COUNCIL ACTION: Ratification on previous approval of a Resolution committing to the expenditure of funds, approval of the Local Agency Consultant Agreement for Design Engineering Services for Federal Participation and the Local Agency Agreement for Federal Participation for the Lake Forest Metra Station – Union Pacific CBD North Line Stage 3 (Interior) Renovation Project, and authorization for the Mayor and the City Manager to execute Local Agency Agreements and other related documents. 7. Request for City Council Approval of an Agreement for Professional Design Services for the Westfork & Hackberry Storm Sewer Project and an Advance of F.Y. 2017 Capital Funds STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to enter into an agreement with Baxter & Woodman to perform Professional Design Services for the West Fork & Hackberry Storm Sewer Project. A copy of the contract can be found on page 50. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 11/5/14 Reviewed Stormwater Improvement Study Public Works Committee 1/27/16 Reviewed and Approved Design Services Agreement BACKGROUND/DISCUSSION: In 2014, Baxter & Woodman performed a comprehensive storm water drainage study for The City of Lake Forest. Computer models of the drainage system were used to identify problem areas and deficient sewers. The report identified thirteen locations to address needed storm sewer improvements. The highest priority project was identified as improvements to the Westfork & Hackberry neighborhood. The report identified that the existing storm sewer needs to be enlarged to meet the minimum requirements of the Lake County Watershed Development Ordinance in order to handle a 10-year storm event. The modeling for this study area showed the existing sewer having a capacity for a 2-year event. By enlarging some of 9 Monday, February 1, 2016 City Council Agenda the storm sewers along Bowling Green, Farm, Hackberry, and Wilson, the flooding of streets and intersections in this area will be reduced. The PowerPoint presentation that was presented at the Public Works Committee is included in this agenda packet beginning on page 60. The Public Works Committee was in support of the project; however they noted various flooding concerns on Ranch Road and asked that Baxter & Woodman incorporate that specific area in their modeling as it pertains to the overall design of the project. Based upon Baxter & Woodman’s past involvement in multiple storm water studies and their extensive knowledge of the City’s storm water system, staff is recommending that an exception be made to the RFP process (Section 8.5 D1 of the City’s purchasing procedures) and the firm be utilized for design of this project. BUDGET/FISCAL IMPACT: The current estimate for this FY 2018 project is $1,500,000. Staff is recommending approval of design services this evening so the design can be completed and an engineer’s estimate can be created before the November capital budget meeting. The FY2017 capital budget allocates $150,000 for design services, and it is requested that staff be authorized to expend $45,000 of that amount in FY2016. If needed, a supplemental appropriation Ordinance for the FY2016 advance will be submitted in April. FY2017 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvements Fund $150,000 $149,800 Y COUNCIL ACTION: Acknowledge the exception noted in Section 8.5 D1 of the City’s Purchasing Directive and approve an agreement with Baxter & Woodman for Professional Design Services for the Westfork & Hackberry Storm Sewer Project, as well as an advance of FY 2017 capital funds. 8. Approval of a Three-Year Engineering Services Agreement for the City Surveyor and Engineer STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval of a three year agreement with GeWalt Hamilton to provide engineering services through April 30, 2019. PROJECT REVIEW/RECOMMENDATIONS: 10 Monday, February 1, 2016 City Council Agenda Reviewed Date Comments City Council 4/15/13 Reviewed and Approved Finance Committee 3/9/15 Received “Look Back Audit” Report Public Works Committee 1/27/16 Reviewed and Approved BACKGROUND/DISCUSSION: At the April 13, 2013 City Council meeting, City Council approved a three year agreement with GeWalt Hamilton to provide engineering services to the City. The City Surveyor and Engineer is needed to fulfill statutory requirements, assist with plan reviews required by the Watershed Development Ordinance, and review commercial development, and IEPA / IDOT permits. Over the past three years, the assigned engineer from GeWalt Hamilton has been extremely responsive and has amassed a wealth of knowledge and understanding about The City of Lake Forest, its policies, practices, and infrastructure. Staff from various Departments has been extremely pleased with the engineer’s overall quality of work and attention to detail. Therefore based upon Section 8.5 D1 of the City’s Purchasing Directive (exceptions based upon an existing relationship), staff is recommending that the City not pursue the request for proposal / interview selection process. BUDGET/FISCAL IMPACT: GeWalt Hamilton has proposed a F.Y. 2017 increase of 4.7% to their current rates through April 30, 2018. Beginning in F.Y. 2019 their rates would increase approximately 4.5% but would hold through April 30, 2019. Attached on page 70 is the draft agreement. As noted in the original interview process, Gewalt Hamilton is the engineer for Lake Forest College. If at any point in the future, Lake Forest College proposes any development, expansion, or infrastructure modifications, such plans would be reviewed by Bleck Engineering as the City’s secondary engineering firm. In addition, Gewalt Hamilton Associates has committed to not performing any engineering services for other private/commercial Lake Forest clients while working as the City’s surveying and engineering consultant. The City budgets $43,000 annually for City engineering services as they specifically pertain to City projects or issues requiring input from the City Engineer. Any dollars expensed for permit reviews are reimbursed by the developer or property owner. Not knowing how many new permit requests might be submitted throughout a fiscal year, it is difficult to estimate how much more than the $43,000 will be spent for permit review services. F.Y. 2017 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N 101-3747-417-35-10 $43,000 $43,000 Y 11 Monday, February 1, 2016 City Council Agenda COUNCIL ACTION: Acknowledge the exception noted in Section 8.5 D1 of the City’s Purchasing Directive and approve a three year agreement for the City Surveyor & Engineer to Gewalt Hamilton Associates, Inc. through April 30, 2019. COUNCIL ACTION: Approve the eight (8) Omnibus items. 6. ORDINANCES 1. Consideration of an Ordinance approving a Fee Schedule (First Reading) PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approving the first reading of a proposed Ordinance amending the fee schedule for Fiscal Year 2017. BACKGROUND/DISCUSSION: On December 7, 2015, the City Council approved an Ordinance establishing a fee schedule for Fiscal Year 2017. It was noted at that time that water rates would be presented for approval in February 2016. A comprehensive fee schedule is provided as Exhibit A to the Ordinance approving a fee schedule, which clearly identifies the proposed fee increases highlighted in yellow and the proposed new fees highlighted in orange. Fees highlighted in green are not reflective of changes in existing fees; rather, they are clarifications due to a review of City Code and current practices. Changes in water rates are recommended pursuant to discussion at the January 19, 2016, Finance Committee meeting. For FY2017, the variable (consumption) rates reflect a 2.50% increase to address anticipated operating cost increases of the water utility. A new fee is incorporated in the City Manager section for changes in owners or officers associated with liquor licenses. The Ordinance amending the City Code and establishing this new fee was granted first reading approval on January 19 and is scheduled for final approval on February 16 consistent with this fee schedule Ordinance. BUDGET/FISCAL IMPACT: Revenue for the increased fees is estimated to be $168,362 in the Water Fund. COUNCIL ACTION: Grant first reading to the proposed ordinance (page 83). 7. ORDINANCES AFFECTING CODE AMENDMENTS 1. Consideration of an Ordinance Amending the Traffic Code, Title VII of the City Code, as Recommended by City Staff. (First Reading) STAFF CONTACT: Craig Lepkowski, Police Commander (847-810-3807) 12 Monday, February 1, 2016 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests approval of first reading of an amendment to the Traffic Code as currently set forth in Title VII of the City Code. On January 20, 2015, City Council granted final approval of an Ordinance adopting an updated City Code. As a follow up, City Staff and the City Attorney have begun to review certain provisions of the code to determine whether changes are required to reflect changes in practices or policies of the City. As part of that review, the City Manager, Executive Staff, the City Council Liaison, and the City Attorney have reviewed the Traffic Code provisions of the City Code set forth in Title VII of the Code (Chapters 70-78). A working draft of the proposed amendments to Title VII of the City Code is included in the Council packet beginning on page 106. BACKGROUND: At the time the City Council approved the updated City Code in 2015, it was recognized that various elements of the City’s Traffic Code as then incorporated into the City Code was not reflective of State law, current practices, or implementation practices of the Police Department. Based on a thoroughgoing review of the current Traffic Code, the attached working draft of amendments was prepared. The attached draft attempts to improve the overall organization of the City’s Traffic Code, remove provisions where State law enforcement is customarily utilized or required, update the Traffic Code language to parallel State law, and align Departmental practices with the terms of the Traffic Code. Although there remains some fine-tuning of the amendments (including confirmation of the traffic, parking, and loading schedules in Chapters 77 and 78 and confirmation of various items with the Finance and Community Development Departments), the attached draft represents a substantially completed update of the City’s Traffic Code (Title VII of the City Code). RECOMMENDATION: In order to advance the update of the City’s Traffic Code, it is recommended that the City Council grant first reading of the attached draft ordinance. An updated version of the ordinance will be presented to the City Council for final action after the final internal reviews are completed. COUNCIL ACTION: It is recommended that the City Council grant first reading of an ordinance amending Title VII of the City Code (the City’s Traffic Code). 8. NEW BUSINESS 9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body. Adjournment into executive session RECONVENE INTO REGULAR SESSION 10. ADJOURNMENT 13 Monday, February 1, 2016 City Council Agenda Office of the City Manager January 27, 2016 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. 14 15 THE CITY OF LAKE FOREST RESOLUTION NO. __________ A RESOLUTION ADOPTING A REVISED SPECIAL EVENTS POLICY FOR THE CITY OF LAKE FOREST WHEREAS, the City of Lake Forest (“City”) recognizes that special events contribute to the character of the local economy and enhance a sense of community; and WHEREAS, every year multiple special events take place within the City which require the use of public right-of-way or City services, which without proper oversight, can pose a risk to the health, safety, and welfare of the general public; and WHEREAS, in 2001, the City adopted Resolution No. 01-07, which established Administrative Directive 1-17 (“Policy”), a Policy developed to govern the review and approval of special events, as well as, recover actual costs of special City services provided to event sponsoring agencies; and WHEREAS, City staff responsible for the administration of the Policy has spent time analyzing and reviewing the application, review, and approval processes for special event held in the City; and WHEREAS, City staff wish to promote greater consistency in how special events are reviewed and approved for event sponsoring agencies; and WHEREAS, the Mayor and City Council find and determine that it is in the best interests of the City and its residents to authorize and direct the City Manager, and the City Attorney to undertake the actions necessary to amend the previously adopted Policy to include additional guidance, as provided by City staff, with regard to special events and assemblies occurring in the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Lake Forest, County of Lake, State of Illinois, as follows: SECTION 1: The foregoing recitals are incorporated into this Resolution as findings of the Mayor and City Council. 16 SECTION 2: The City Manager is hereby authorized and directed to annually review the Special Event Policy, related Schedule of Fees, as well as, related budget requests for those special events that the City opts to subsidize. SECTION 3: The Mayor and City Council of the City of Lake Forest, County of Lake, State of Illinois, do hereby endorse a revised Administrative Directive 1-17, “Special Event Policy”, that is hereby attached and made part hereto; which may be modified from time to time by the City Manager. SECTION 4: A copy of the revised Administrative Directive 1-17 shall be distributed to all interested organizations and individuals who request the use of City properties, facilities, staff, or resources in accordance with the provisions of the Policy or any other related Ordinances or Codes of the City of Lake Forest. PASSED THIS ___ DAY OF _______, 2016 AYES ( ) NAYS ( ) ABSENT ( ) APPROVED THIS _____ DAY OF _______, 2016 Mayor ATTEST: City Clerk 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 G:\OCM\City Council\City Council Agendas\2016 Meetings\Current City Council\2-1-16\Lake Forest - WTP Reference List Information.docx U.S and Canadian Referenced Membrane Filtration WTP Inventory - January 2016 From Contract 2-2015 Bid Proposals to the City of Lake Forest, IL GEWPT Plant Location (U.S. or Canada) Plant Size (MGD) In-Service Date Water Source Port Hope, Ontario, Canada 3.17 April 2005 Lake Ontario Lakeview WTP, Mississauga, Ontario, Canada 106 March 2007 Lake Ontario Lorne Park, Mississauga, Ontario, Canada 100 May 2011 - Phase I August 2012 - Phase II Lake Ontario Thunder Bay, Ontario, Canada 25 August 2007 Lake Ontario Racine, WI, US 50 August 2005 Lake Michigan Barrie, Ontario, Canada 16.56 November 2009 Kempenfelt Bay Knox-Chapman Utility District, Knoxville, TN, US 12 April 2014 French Broad River Others Upon Request Evoqua Plant Location (U.S. or Canada) Plant Size (MGD) In-Service Date Water Source Mackinac Island, MI, US 2 March 1998 Lake Michigan Kenosha, WI, US 21 December 1998 Lake Michigan Manitowoc Public Utilities, WI, US 10 (pressurized) 20 (submerged) 1999 and 2007 Lake Michigan Lake Township, MI, US 2 December 2008 Lake Michigan South Milwaukee, WI, US 6 2010 Lake Michigan Highland Park, IL, US 30 2014 Lake Michigan Other Upon Request Pall Plant Location (U.S. or Canada) Plant Size (MGD) In-Service Date Water Source WaterOne District, Johnston County, KS, US 31 April 2009 Kansas and Missouri Rivers Broken Arrow, OK, US 28 May 2014 Verdegris River Clarksville, TN, US 28 April 2013 Cumberland River Bossier City, LA, US 28 February 2012 Red River Westminster, CO, US 29 February 2012 Standley Lake Macomb, IL 4 February 2011 Spring Lake Others Upon Request 32 33 34 35 36 The City of Lake Forest CITY COUNCIL Proceedings of the Tuesday, January 19, 2016 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 7:30pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Newman, Alderman Tack, Alderman Reisenberg, and Alderman Moreno. Absent: Alderman Pandaleon, Alderman Adelman Also present were: Robert Kiely, City Manager; Susan Banks, Communications Manager; Elizabeth Holleb, Finance Director; Betsy Gates, City Attorney; Catherine Czerniak, Director of Community Development; Michael Thomas, Director of Public Works; James Held, Chief of Police; Karl Walldorf, Deputy Chief of Police; Craig Lepkowski, Police Commander; Jeff Howell, Fire Chief; Pete Siebert, Interim Deputy Fire Chief; Sally Swarthout, Director of Parks & Recreation; Mike Strong, Assistant to the City Manager; DeSha Kalmar, Director of HR; Anne Whipple and masses of Police and Fire Personnel. There were approximately 100 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Schoenheider read a Resolution of Sympathy for the late Dorothy “Dee Dee” Borland. Dee Dee was an important advocate for the success of Elawa Farm and specifically the beautiful Elawa Farm Garden. Alderman Beidler made a motion to approve the Resolution, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. A. Announcement of the Sixth Recipient of The Lawrence R. Temple Distinguished Public Service Award -Roger and Pauline Mohr Mayor Schoenheider reported that nominations were solicited from Lake Forest residents to honor a living volunteer in community organizations or local government in The City of Lake Forest for distinguished public service, and that this year, the Committee selected Roger and Pauline Mohr as the recipients of the Service award for 2015. Mayor Schoenheider read the following statement from former Mayor Howard Kerr “Larry Temple was my friend and colleague. He loved Lake Forest and served this city with a passion and character that resulted in this award that bears his name. Roger and Pauline Mohr are worthy 37 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting recipients of this recognition. The time, leadership and commitment they have given to this community are unmatched and accent the important history and essential role of volunteers in Lake Forest. Roger and Pauline's contributions are now part of the fabric of this city and a legacy to its future.” Mayor Schoenheider introduced and thanked the Temple Award Committee members; Scott Helton and Gail Hodges, noting that Chairman Cowhey was unable to attend. Mr. Helton reported that the committee had received a number of nominee’s, and the list of the accomplishments by each of them is just incredible. Mr. Helton asked all residents and members to take note of the location of the Larry Temple Award Plaque. It is at the top of the stairs at City Hall, and, all those who enter the City Council Chamber either as a member of a Board or Commission or a resident, are reminded of the quality of the individuals that came before and those that are listed on the Award. Member Gail Hodges read the Award to the City Council and presented the award to Pauline and Roger Mohr. Mayor Schoenheider thanked the Mohrs for all that they have done for the community. Pauline and Roger Mohr accepted the award and Mr. Mohr thanked the Committee and the City Council, and said that he and Pauline are grateful for the recognition. B. Resolution of Appreciation for Retiring Police Officer David Cerer Mayor Schoenheider read the Resolution and photos were taken, Officer Cerer thanked the Council for the professionalism that he gained while working in The City of Lake Forest. COUNCIL ACTION: Approve the Resolution Alderman Moreno made a motion to approve the Resolution, seconded by Alderman Beidler. Motion carried unanimously by voice vote. C. Swear in Fire Fighter Paramedic Matt Kluchka Mayor Schoenheider and Interim Deputy Chief Pete Siebert Mayor Schoenheider introduced Interim Deputy Chief Siebert, who gave a brief background on Firefighter Paramedic Matt Kluchka. Mayor Schoenheider administered the oath to Mr. Kluchka. COMMENTS BY CITY MANAGER A. Community Goals and Priorities -Robert Kiely Jr., City Manager City Manager, Robert Kiely Jr., reviewed the Community Goals and Priorities. B. Update Concerning Administrative Directive 1-17 (“Special Events Policy”) Governing the Administration, Review and Approval of Special Events within the City of Lake Forest Michael Strong, Assistant to the City Manager, gave an overview of the steps that have been taken during this process and reported on the feedback that the committee has received from the 38 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting Council and community organizations. The City Council reported that they are happy that staff is looking into this process. COUNCIL ACTION: No action required. The revised Special Event Policy was prepared by Staff with input from various organizations affected by the policy, and is in the process of undergoing a legal review by the City Attorney. Based on feedback received by City Council on the final revisions, staff will prepare the Policy to be considered for adoption by City Council during its regular meeting on February 2, 2016. No Council action was taken. COMMENTS BY COUNCIL MEMBERS PROPERTY AND PUBLIC LAND COMMITTEE A. Approval of a Resolution Adopting the Lake Forest Policy, as amended, for the Acquisition, Inventory, Sale, Lease and Retention of Public Property Alderman Reisenberg, Chairman Property and Public Lands Committee reported that the amendment to the policy deals with strategic land transfer, and stems from Open Lands, land swap of the McCormick Ravine, and will accommodate and future transfers. Chairman Reisenberg also stated that the title of the policy should be changed to reflect “transfer” after the word “Lease”. The City Council had discussion that the policy is reviewed on an annual basis and there was not anything previous in the policy prohibiting the land echange. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Approval of a Resolution Adopting the Lake Forest Policy, as amended, for the Acquisition, Inventory, Sale, Lease and Retention of Public Property Alderman Beidler made a motion to approve a Resolution Adopting the Lake Forest Policy, as amended, for the Acquisition, Inventory, Sale, Lease and Retention of Public Property, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. B. Consideration of Resolutions Directing Study, Evaluation and Planning for the Cultural Corridor and Grove Campus. (Approve by Motion) Catherine Czerniak, Director of Community Development, reported that on a continuing basis, the City reviews the disposition of various City owned properties and structures and that in the coming months, both the Cultural Corridor, the strategic area located east of McKinley Road and the train station, and Grove Campus, located east of Ridge Road and north of Old Mill Road, are expected to experience changes that will present both opportunities and challenges. Ms. Czerniak reported that the tenants in two City owned buildings, the Historical Society and the Business Accelerator Program currently housed in Bennett Hall on Grove Campus, will be 39 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting relocating. This offers an opportune time for evaluation of the condition of the buildings, assessment from an historical perspective and consideration of viable options for long term future use. In addition, redevelopment options are being explored for some of the privately owned parcels in the Cultural Corridor as well. The City Council had discussion on the initial Grove Campus master plan from 1997. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Approve a motion in support of two Resolutions directing City staff and appropriate Boards and Commissions to study, evaluate and conduct planning relating to the Cultural Corridor and Grove Campus overall and the specific buildings noted. Alderman Newman made a motion in support of two Resolutions directing City staff and appropriate Boards and Commissions to study, evaluate and conduct planning relating to the Cultural Corridor and Grove Campus overall and the specific buildings noted, seconded by Alderman Moreno. Motion carried unanimously by voice vote. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the December 7, 2015 City Council Meeting Minutes 2. Check Register for Period November 21, 2015- January 1, 2016 3. Approval of Resolutions Required for Bank Purposes to Amend Authorized Signers 4. Consideration of an Ordinance Amending Chapter 118 of the City Code, as Recommended by City Staff. (Final Approval) 5. Consideration of an Ordinance Amending Chapters 31, 38, 39, 40 and 41 of the City Code to conform to practices and policies relating to the City’s Finance Department (Final Approval) 6. Award of Contract with Heartland Business Systems to Purchase Hardware and Services for the Data Center Implementation Project as Budgeted in FY16 Capital Plan 7. Consideration of Approval Only of Executive Session Minutes 8. Consideration of first reading of an Ordinance approving the Adoption of the October 13, 2015 amendment to the Lake County Watershed Development Ordinance to meet FEMA’s National Flood Insurance Program (NFIP) requirements and remain a Lake County Certified Stormwater Community 40 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting 9. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if desired by the City Council, Final Approval) 10. Consideration of a Recommendation from the Plan Commission in Support of Tentative and Final Plat Approval of a 3-Lot Re-Subdivision, the Deromedi/Skinner Re-Subdivision and Approval of the Associated Special Use Permit. The Properties are Located at 880 and 900 Illinois Road and 211 Maple Court. (If desired by the Council, waive first reading and grant final approval of the ordinance.) COUNCIL ACTION: Approve the ten (10) Omnibus items. Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. Seeing none, the Mayor asked for a motion to approve the Ten Omnibus items as presented. Alderman Reisenberg made a motion to approve the Omnibus, including waiver of first reading, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. 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. Approval of an Ordinance Abating the 2015 Tax Levy for the 2008 General Obligation Bond Issue (First Reading) Finance Director Elizabeth Holleb reported that as a result of the Tax Levy Ordinance adopted by the City Council on December 7, 2015, it is projected that $635,000 in tax levy proceeds will be generated and available for additional abatement of debt service levies. The proposed Ordinance provides for the abatement of 2015 taxes levied for the 2008 General Obligation bond issue. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion COUNCIL ACTION: Grant first reading approval of the Ordinance abating the 2015 tax levy for the 2008 GO bond issue. Alderman Newman made a motion to grant first reading approval of the Ordinance abating the 2015 tax levy for the 2008 GO bond issue, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. ORDINANCES AFFECTING CODE AMENDMENTS 41 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting 1. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, Section 111.020, “Liquor Control Commissioner”, and Section 11.043(I), “Application for a Liquor License”. (First reading only.) Margaret Boyer, Deputy City Clerk, reported that the recommended changes allow for the Liquor Control Commissioner to waive the requirement for all but local managers to be fingerprinted and the amendment addresses a new administrative fee for a Change in Owner or Officer Letter required in connection with the State of Illinois. The City Council had discussion on the fingerprinting requirement. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, Section 111.020, “Liquor Control Commissioner”, and Section 11.043(I), “Application for a Liquor License”. (First reading only.) Alderman Newman made a motion to grant first reading of an Ordinance amending the City of Lake Forest Liquor Code, Section 111.020, “Liquor Control Commissioner”, and Section 11.043(I), “Application for a Liquor License”., seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. NEW BUSINESS 1. Request of a Waiver of the High Impact Traffic Fee for the Environmental Remediation Project at Fort Sheridan Landfill #1 City Manager Robert Kiely, Jr., reported that The City of Lake Forest recently received a letter from the Army Corps of Engineers, is asking to have the high impact traffic permit fees waived. And at this time staff is recommending denial of the Army Corps of Engineers request for a waiver of the High Impact Traffic Fee. The City Manager reported that Landfill #1 is located in the northwestern corner of Fort Sheridan. Approximately 50 percent of Landfill #1 is on Army Reserve property ("On-Post Area"). The balance of Landfill 1 extends off-post on land owned and controlled by The City of Lake Forest ("Off-Post Area"). The Off-Post Area is comprised of a narrow dirt road and a thickly vegetative wooded area and ravine. The City owns the Off-Post Area and recreational and residential use are prohibited in this Area. Landfill #1 contains 34,025 cubic yards of soil and waste. Landfill #1 covers 50,695 square feet. For the Off-Post Area, the Proposed Plan calls for waste and soil above the remedial action objectives ("RAOs") to be removed for off-site disposal, with the resulting excavation to be covered with clean fill. Site preparation necessarily will include clearance of significant amounts of trees and vegetation. Mr. Kiely reported that prior to 2006, the Army had approached the City with alternatives regarding either removal of waste within the City limits or capping the waste on a permanent 42 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting basis. The City preferred removal of waste within the City limits with a monitoring system installed for groundwater quality. The Army informed the City that the City’s preferred alternative would be considered for funding in 2008. In the meantime, under pressure from IEPA, the Army made interim repairs at the site in 2007 when it was discovered that erosion had uncovered landfill waste on parts of the site. Some clearing was done and 2’ – 3’ of earth fill was placed on the landfill between the access road and the ravine. The area was seeded and erosion control methods were put in place. The U.S. Army is required by federal and state laws to remediate the landfill to ensure the protection of human health and the environment. Based on the anticipated waste volume, it is estimate that up to 4,000 truckloads (2,000 out and 2,000 in to the site) will be required to remove the waste from the Army and Lake Forest property and to backfill/restore the site. Mr. Kiely added that the purpose of the High Impact Traffic Permit Ordinance is to assess a fee in order to recoup the loss in serviceable life of the roadway due to the accelerated deterioration of the pavement caused by a high level of trucking activity. The City Council had a discussion on the number of trucks, tonnage of material, and the effects of not granting the waiver. COUNCIL ACTION: If determined to be appropriate by the City Council, staff recommends the City Council deny the Army Corps of Engineers request for a waiver of the High Impact Traffic Fee and Authorize the City Manager to allow phasing in payment of fees’ flexibility. Alderman Moreno made a motion to deny the Army Corps of Engineers request for a waiver of the High Impact Traffic Fee and Authorize the City Manager to allow phasing in payment of fees’ flexibility, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION City Manager Robert Kiely Jr., gave a brief recap of the Train Station renovation project and that it is moving quickly and due to an error outside The City of Lake Forest’s control, there is a resolution in front of the Council committing to the expenditure of funds, approval of the Local Agency Consultant Agreement for Design Engineering Services for Federal Participation and the Local Agency Agreement for Federal Participation for the Lake Forest Metra Station – Union Pacific CBD North Line Stage 3 (Interior) Renovation Project, and authorization for the Mayor and the City Manager to execute Local Agency Agreements and other related documents. Alderman Moreno made a motion to approve committing to the expenditure of funds, approval of the Local Agency Consultant Agreement for Design Engineering Services for Federal Participation and the Local Agency Agreement for Federal Participation for the Lake Forest Metra Station – Union Pacific CBD North Line Stage 3 (Interior) Renovation Project, and authorization for the Mayor and the City Manager to execute Local Agency Agreements and other related documents, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. 43 Proceedings of the Tuesday, January 19, 2016 Regular City Council Meeting Mayor Schoenheider asked for a motion to adjourn into executive session. Alderman Reisenberg made a motion to adjourn into Executive Session pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body and 120/2 (c) 5, possible acquisition of property, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 6 Yeas, 0 Nays, motion carried. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body and 120/2 (c) 5, possible acquisition of property. Adjournment into executive session at 8:45pm RECONVENE INTO REGULAR SESSION at 11:00 pm ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Moreno. Motion carried unanimously by voice vote at 11:01 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. 44 AN ORDINANCE ABATING A PORTION OF THE TAX BEING LEVIED IN 2015 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE GENERAL OBLIGATION BONDS, SERIES 2008 BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 7th day of April, 2008 authorize the issuance of General Obligation Bonds, Series 2008 in the amount of $9,750,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the General Obligation Bonds, Series 2008 Bond Fund from property taxes; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the General Obligation Bonds, Series 2008 due in fiscal year commencing May 1, 2016, therefore a portion of the levy of the tax provided in the original bond ordinance passed April 7, 2008, a copy of which was filed in the Office of the County Clerk, is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2015 Tax Levy of $635,000.00 hitherto provided for and levied in the ordinance providing for the issuance of $9,750,000 General Obligation Bonds, Series 2008 of The City of Lake Forest, Lake County, Illinois passed April 7, 2008. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2016. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2016. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2008 45 - 1 - THE CITY OF LAKE FOREST ORDINANCE NO. 2016-___ AN ORDINANCE AMENDING TITLE XV: LAND USE AND DEVELOPMENT: CHAPTER 152 PLANNING: PARAGRAPH 152.30 OF THE CITY CODE TO ADOPT BY REFERENCE THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE TO WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062, adopted the Lake County Watershed Development Ordinance on or about October 13, 2015, effective October 13, 2015, establishing rules and regulations for floodplain and stormwater management throughout the County of Lake and superseding any less restrictive municipal rules and regulations therein; and, WHEREAS, the Mayor and City Council of the City of Lake Forest have previously adopted Ordinances No. 2012-25, and 2013-043, which adopted by reference the Lake County Watershed Development Ordinances; and, WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062, adopted a resolution approving amendments to the Lake County Watershed Development Ordinance on or about October 13, 2015, effective immediately; and, WHEREAS, the Mayor and City Council of the City of Lake Forest find it to be in the best interests of the City of Lake Forest to require all development to meet, at least, the minimum standards prescribed by the WDO to the fullest extent practicable; and, WHEREAS, three copies of the Lake County Watershed Development Ordinance have been on file in the Office of the City Clerk of the City of Lake Forest, and available for inspection, for not less than ten (10) days. 46 - 2 - NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Lake Forest, Lake County, Illinois, as follows: SECTION I: That there is hereby adopted by reference, as if fully set out herein, that certain ordinance known as the Lake County Watershed Development Ordinance, approved as amended by the County of Lake, State of Illinois, three copies of which have been, for a period of not less than ten (10) days prior to the effective date hereof, and now are on file in the office of the City Clerk. SECTION II: That in the event that the rules, regulations, terms or conditions imposed pursuant to the Lake County Watershed Development Ordinance are either more restrictive or less restrictive than comparable rules, regulations, terms or conditions imposed by any other applicable rule, regulation, resolution, ordinance, statute or law, then the most restrictive rules, regulations, terms or conditions shall govern. SECTION III: That Chapter 152 of the City Code of the City of Lake Forest is amended by deleting existing paragraph 152.30, and replacing it with the following: ADOPTION OF LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE BY REFERENCE: The Lake County Watershed Development Ordinance, as most recently amended by the County of Lake on October 13, 2015, is hereby adopted by reference and is in full force and effect within the City of Lake Forest and is found in its own compilation. SECTION IV: That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION V: That this Ordinance shall be in full force and effect ten (10) days after its passage, approval and publication in pamphlet form, as provided by law. 47 - 3 - PASSED THIS ___ DAY OF JUNEFEBRUARY, 20142016. AYES: NAYS: ABSENT: ABSTAIN: APPROVED THIS ___ DAY OF JUNEFEBRUARY, 20142016. _____________________________ Mayor ATTEST: _____________________________ City Clerk 48 - 4 - THE CITY OF LAKE FOREST ORDINANCE NO. 20142016-___ AN ORDINANCE AMENDING TITLE XV: LAND USE AND DEVELOPMENT: CHAPTER 152 PLANNING: PARAGRAPH 152.30 OF THE CITY CODE TO ADOPT BY REFERENCE THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE Adopted by the Mayor and City Council of The City of Lake Forest this ___ day of JuneFebruary, 20142016 Published in pamphlet form by direction and authority of The City of Lake Forest, Lake County, Illinois this ____ day of JuneFebruary, 20142016 Formatted: Font: (Default) Arial, Bold Formatted: Font: (Default) Arial, Bold, All caps Formatted: Font: (Default) Arial, Bold 49 January 13, 2016 Mr. Robert Ells Engineering Supervisor City of Lake Forest 800 North Field Drive Lake Forest, IL 60045 Subject: City of Lake Forest – West Fork and Hackberry Drainage Improvements Dear Mr. Ells: In March 2013, Baxter & Woodman was retained by the City to perform an analysis of the City’s drainage system. The study was completed in November 2014 with recommendations for drainage improvements in ten critical areas throughout the City. Of the recommended improvements, the highest priority improvements were located in southwestern Lake Forest, in the vicinity of West Fork Drive and Hackberry Lane. Given our familiarity with the existing drainage problem in this area and our expertise in designing drainage improvements for municipalities throughout northeast Illinois, we are pleased to provide you with this proposal for the design and solicitation of construction bids from qualified contractors. Scope of Services The following outlines our proposed scope of services. 1. PROJECT MANAGEMENT  Plan, schedule, and control activities to complete the Project. These activities include, but are not limited to, budget, schedule, and scope. Submit a monthly status report via email describing tasks completed the previous month and outlining goals for the subsequent month. 2. TOPOGRAPHIC SURVEY  Perform topographic survey of natural and man-made features within the Project limits and at 50-foot intervals including driveways and cross streets to develop base sheets for Project drawings. The Project limits are considered to be: o The West Fork Drive right-of-way from Hackberry Lane to Farm Road; o The Farm Road right-of-way from a point approximately 600 feet west of Wilson Drive to Wilson Drive; o The Wilson Drive right-of-way from Farm Road to Bowling Green Drive; and 50 Mr. Robert Ells January 13, 2016 City of Lake Forest 151130.40  Page 2 o The Bowling Green Drive right-of-way from Wilson Drive to a point approximately 200 feet east of Ranch Road.  State plane coordinates and NAVD 88 will be used for horizontal and vertical controls, respectively.  Field locate existing property boundary markers within the Project limits.  It is anticipated the topographic survey will not require Prevailing Wage for Survey Workers to be paid to technicians performing the work. In the event it is determined the topographic survey is covered work under the Illinois Prevailing Wage Act (820 ILCS 130), Baxter & Woodman, Inc. will negotiate with the City to determine an equitable increase in compensation to meet the requirements of the Act. 3. UTILITY LOCATES  Complete a Design Stage Request with JULIE, which consists of obtaining names and telephone numbers of utilities located within the work area.  Contact utilities, obtain atlases where available, and provide preliminary Drawings to utility companies for their markup and return.  If utility relocates are found to be needed due to conflict with a proposed pipeline, work with utility company engineers to provide information and assistance as needed. 4. GEOTECHNICAL INVESTIGATION AND PAVEMENT CORES  Arrange for a geotechnical sub-consultant to perform up to three (3) soil borings, collect and analyze soil samples, determine groundwater levels, and prepare a written report.  Utilize pavement cores provided by the City for estimating the composition of the existing pavement within the project limits.  Sub-consultant and laboratory services for Geotechnical Investigation and Pavement Cores are estimated to cost $5,000, which is included in the not-to-exceed amount. 5. MEETINGS  Hold a kick-off meeting with City staff and the project team to establish clear lines of communication, introduce City staff to the team members, and establish the City’s detailed needs, objectives, and goals for the Project. The meeting will also be used to set schedules and guidelines for any future design meetings.  Conduct two (2) meetings with staff at times during the design of the Project to clarify staff recommendations, design questions, and/or construction methods. Design meetings will consist of one preliminary “red line” meeting, where the initial layout is approved and one meeting at 75 percent completion. 51 Mr. Robert Ells January 13, 2016 City of Lake Forest 151130.40  Page 3  Conduct one (1) public informational meeting for impacted property owners and other stakeholders from the project Area.  Present the Project at one (1) City Council meeting. 6. SITE VISITS FOR DESIGNERS  Conduct site visits to familiarize the designer(s) with the site, clarify any discrepancies on the Drawings, and identify the horizontal and vertical alignment of the storm sewer pipe and roadway.  Walk the sewer routes with City staff to: resolve deficient/questionable items from the topographic survey; evaluate the condition of existing pavements, drainage structures, and curb and gutter; confirm the horizontal and vertical alignment of new sewers; identify areas conducive for contractor staging; identify parkway features to be protected, and evaluate restoration options.  Prepare guidelines for protection of parkway features/trees, traffic control, construction staging, and restoration for the City’s use in communicating with residents, and for use during detailed design. 7. SEWER MODELING AND INLET CALCULATIONS  Update the hydraulic model with detailed design data for the proposed storm sewer improvements to confirm the required storm sewer sizes, elevations, and number, size and location of inlet structures.  Modify the model and/or the design and analyze the proposed design to verify it matches the intent of the Project and conforms to the modeling (and vice versa). 8. DESIGN DOCUMENTS  Develop base sheets from topographic survey data.  Prepare CAD-generated plan sheets showing the proposed layout of the storm sewers and structures, utilities, and areas of possible problems or difficulties.  Indicate the location of utilities obtained from the best available records, including utility company atlases.  Create legends, general notes, details, and designer instructions to contractors, for a final set of construction drawings.  Develop a design to include sanitary sewer service line and water service line replacements and/or temporary water services or water system.  Prepare a design and details for pavement patching of driveways and streets and curb and gutter replacement. 52 Mr. Robert Ells January 13, 2016 City of Lake Forest 151130.40  Page 4  Prepare drawings showing the general scope, extent, and character of construction work to be furnished and performed by the Contractor selected by the City. The set of drawings will include: a Title Sheet, a Traffic Control Plan, a Stormwater Pollution Prevention Plan, Utility Plans, Utility Crossing Data, Sewer Profiles, Tree Removal and Preservation Plans, Restoration/Landscape Plans, and General Notes.  Recommend and identify any necessary temporary construction easements, permanent easements, or right-of-way acquisition to complete the proposed improvements. The cost of preparing plats, appraisals, and negotiations (if needed) are not included in the not-to-exceed amount.  Prepare Specifications in conformance with the format of the Illinois Department of Transportation. 9. CONTRACT DOCUMENTS  Prepare for review and approval by the City and its legal counsel the forms of Construction Contract Documents consisting of Advertisement for Bids, Bidder Instructions. Bid Form, Agreement, Performance Bond Form, Payment Bond Form, General Conditions, and Supplementary Conditions, where appropriate, based upon City of Lake Forest standard contract documents. 10. ENGINEER’S OPINION OF PROBABLE COST  Prepare Opinions of Probable Construction and Total Project Costs for the Project including: construction cost; contingencies; construction engineering services; and, on the basis of information furnished by the City, allowances for legal services, financial consultants, and any administrative services or other costs necessary for completion of the Project. 11. PEER AND CONSTRUCTABILITY REVIEWS  Conduct QA/QC peer reviews of drawings and specifications.  Utilize Construction Department personnel to provide a review of drawings and specifications.  Make revisions based upon comments from both engineering and construction department comments. 12. PERMITS AND AGENCY COORDINATION  Obtain a Watershed Development Permit from the City.  Submit a Notice of Intent and the Stormwater Pollution Prevention Plan to the IEPA for a General NPDES Permit No. ILR10.  Obtain an endangered species consultation from IDNR.  Obtain a historic preservation consultation from IHPA. 53 Mr. Robert Ells January 13, 2016 City of Lake Forest 151130.40  Page 5  Apply for a City site work permit and/or tree removal and preservation permit, if required.  Application and review fees are not included in the not-to-exceed amount. 13. ASSISTANCE DURING BIDDING  Assist the City in solicitation of construction bids from as many qualified bidders as possible.  Set bid dates with City, create Advertisement for Bids (AFB), provide AFB to City for publication, and mail advertisement to selected prospective bidders.  Answer bidders’ questions during bid period.  Issue necessary addenda to all plan holders as necessary.  Attend bid opening with City staff and assist in reviewing and checking of bid package submittals as required.  Tabulate all bids received and review all bid submittals to verify low bid is responsive and responsible.  Issue a Letter of Recommendation to Award the construction contract to the City for their action. 14. SUBSURFACE UTILITY INVESTIGATION  Arrange for a SUE sub-consultant to explore for, and horizontally and vertically locate, existing underground utilities at critical locations.  This item will only be completed if needed and as directed by the City. 15. REPLACEMENT OF THE WEST FORK DRIVE JUNCTION CHAMBERS  Arrange for a geotechnical sub-consultant to perform up to two (2) additional soil borings near the storm sewer junction chambers along West Fork Drive, collect and analyze soil samples, determine groundwater levels, and prepare a written report for structural design.  Provide structural engineering design for pre-cast or cast-in-place concrete junction chambers if the existing junction chambers cannot be modified to accommodate the larger proposed storm sewer pipe.  This item will only be completed if needed and as directed by the City. 16. ASSISTANCE DURING CONSTRUCTION  Assist the City with interpretation of the Design Documents and Contract Documents during the construction phase of the Project.  Meet with City staff and/or the contractor during the construction phase of the Project. 54 Mr. Robert Ells January 13, 2016 City of Lake Forest 151130.40  Page 6  Advise the City regarding change orders during the construction phase of the Project.  This item will only be completed if needed and as directed by the City. 17. ITEMS NOT INCLUDED  Design of complete road reconstruction within the Project area. We anticipate salvaging one or both curbs along the alignment of the proposed storm sewer, then patching and resurfacing the existing road.  Design for replacement of sanitary sewers, water main, and streetlights.  Easement or right-of-way acquisitions, which are not anticipated for the Project.  Grant applications. Schedule We anticipate receiving notice to proceed on March 14, 2016 and completing the Project by August 19, 2016, except items 13 and 16 from the Scope of Services, which may be completed in 2017. City Responsibilities Provide Baxter & Woodman with subdivision plans and plats of survey along the project limits, which will be used to field locate the limits of the existing right-of-way. Engineering Fee The Owner shall pay the Engineer for the services performed or furnished, based upon the Engineer’s standard hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses including travel, which in total will not exceed $149,800. This not-to-exceed fee includes, if directed by the City: (1) up to $10,500 for services and sub- consultant fees for Subsurface Utility Investigation; (2) up to $16,700 for services and sub-consultant fees for Replacement of the West Fork Drive Junction Chambers; and (3) up to $9,700 for Assistance During Construction. Thank you for the opportunity to submit our Proposal for this Project. Upon your written authorization to proceed, we will begin work immediately. Please contact me if you should have any questions or need additional information. 55 Mr. Robert Ells January 13, 2016 City of Lake Forest 151130.40  Page 7 The attached standard terms and conditions apply to this Proposal. If you find this Proposal acceptable, please sign and return one copy for our files. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS John Ambrose, P.E. President/CEO Attachment CITY OF LAKE FOREST, ILLINOIS ACCEPTED BY: _________________________________ TITLE: _________________________________ DATE: _________________________________ I:\Crystal Lake\LKFTC\151130-West Fork and Hackberry\Contract\151130.40 Proposal_01-13-16.docx 56 CITY OF LAKE FOREST, ILLINOIS WEST FORK AND HACKBERRY DRAINAGE IMPROVEMENTS EMPLOYEE CLASSIFICATION Principal $180 Senior Engineer III to IV $150 to $170 Senior Engineer I to II $125 to $140 Engineer III to IV $115 Engineer I to II $80 to $95 Engineering Technician III to V $110 to $140 Engineering Technician I to II $70 to $95 Senior Geologist $135 CAD / GIS / Survey Technician III to IV $105 to $150 CAD / GIS / Survey Technician I to II $85 to $95 Clerical II $90 to $110 Clerical I $70 Support Manager $160 Hourly Billing Rates include direct labor and indirect overhead expenses, readiness to serve, and profit, and are for 8 hours/day and 40 hours/week regularly scheduled work hours. or $32.50 per half diem. Traffic Counters $50/day. Miovision Traffic System usage will be reimbursed at a rate of $600.00 per diem and $24.00 per hour processing. Sub-consultant costs will be reimbursed at their invoice costs plus 5% The Engineer may adjust the hourly billing rate and out-of-pocket expenses on or about January 1 of each subsequent year and will send the new schedule to the Owner. Personal-owned vehicle Mileage Charges will be reimbursed at the rate set by the U.S. Internal Revenue Service. Company-owned/leased vehicle usage will be reimbursed at a rate of $65.00 per diem BAXTER & WOODMAN, INC. 2016 HOURLY BILLING RATES AND EXPENSE ITEMS FOR PROFESSIONAL SERVICES HOURLY BILLING RATES Hourly rates for inspection services do not include any overtime. Revised 2015-11-17, 162DRM I:\Crystal Lake\LKFTC\151130-West Fork and Hackberry\Contract\2016 Rate Sheets, Billing 2016 57 STANDARD TERMS AND CONDITIONS Agreement - These Standard Terms and Conditions, together with the letter proposal, constitute the entire integrated agreement between the Owner and Baxter & Woodman, Inc. (BW) and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Owner’s Responsibility – Provide BW with all criteria and full information for the Project. BW will rely, without liability, on the accuracy and completeness of all information provided by the Owner including its consultants, contractor, specialty contractors, manufacturers, suppliers and publishers of technical standards without independently verifying that information. The Owner warrants that all known hazardous materials on or beneath the site have been identified to BW. BW and their consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, unidentified or undisclosed hazardous materials unless this service is set forth in the proposal. Schedule for Rendering Services - The agreed upon services shall be completed within a reasonable amount of time. If BW is hindered, delayed or prevented from performing the services as a result of any act or neglect of the Owner or force majeure, BW’s work shall be extended and the rates and amounts of BW’s compensation shall be equitably adjusted in writing executed by all Parties. Invoices and Payments - The fees to perform the proposed scope of services constitute BW’s estimate to perform the agreed upon scope of services. Circumstances may dictate a change in scope, and if this occurs, an equitable adjustment in compensation and time shall be made by all parties. No service for which added compensation will be charged will be provided without first obtaining writte n authorization from the Owner. BW invoices shall be due and owing by Owner in accordance with the terms and provisions of the Local Government Prompt Payment Act. Opinion of Probable Construction Costs - BW’s opinion of probable construction costs represents its reasonable judgment as a professional engineer. Owner acknowledges that BW has no control over construction costs of contractor’s methods of determini ng prices, or over competitive bidding, of market conditions. BW cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from BW’s opinion of probable construction costs. Standards of Performance – (1) The standard of care for all services performed or furnished by BW, will be completed with the same care and skill ordinarily used by professionals practicing under similar circumstances, at the same time and in the same locality on similar projects. BW makes no guarantees or warranties, express or implied, in connection with its services; (2) BW shall be responsible for the technical accuracy of its services and documents; (3) BW shall use reasonable care to comply with all applicable laws and regulations and Owner-mandated standards; (4) BW may employ such sub-consultants as BW deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objection by Owner; (5)BW shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, o r procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work; (6) BW neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents; (7) Engineer is not acting as a municipal advisor as defined by the Dodd-Frank Act. Engineer shall not provide advice or have any responsibility for municipal financial products or securities. (8) BW is not responsible for the acts or omissions of any contractor, subcontractor, or supplier, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work; (9) Shop drawing and submittal review by BW shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the Project work they are generally consistent with the construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the format in which provided, i.e. hard copy or electronic transmission) and for compliance with the construction documents. Owner further agrees that BW’s review and action in relation to these submissions shall not constitute the provision of means, methods, techniques , sequencing or procedures of construction or extend to safety programs or precautions. BW’s consideration of a component does not constitute acceptance of the assembled item; (10) BW’s site observation during construction shall be at the times agreed upon in the Project scope. Through standard, reasonable means, BW will become generally familiar with observable completed work. If BW observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner for them to address. Insurance - BW will maintain insurance coverage with the following limits and Certificates of Insurance will be provided to the Owner upon written request: Worker’s Compensation: Statutory Limits Excess Umbrella Liability: $5 million per claim and aggregate General Liability: $1 million per claim Professional Liability: $5 million per claim $2 million aggregate $5 million aggregate Automobile Liability: $1 million combined single limit 58 BW’s liability under this Agreement, based on any theory of liability or for any cause of action, shall not exceed the total amount of BW’s contract amount for the project. Any claim against BW arising out of this Agreement may be asserted by the Owner, but only against the entity and not against BW’s directors, officers, shareholders or employees, none of whom shall bear any liability and may not be subject to any claim. Indemnification and Mutual Waiver – (1) To the fullest extent permitted by law, BW shall indemnify and hold harmless the Owner and its officers and employees from claims, costs, losses, and damages arising out of or relating to the Project, provided that such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of BW or its officers, directors, employees, agents, or consultants; (2) Owner shall indemnify and hold harmless BW and its officers, directors, employees, agents and consultants from and against any and all claims, costs, loses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death of to injury or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or its officers, directors, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project; (3) To the fullest extent permitted by law, Owner and BW waive against each other, and the other’s employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project; (4) In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the ENGINEER and OWNER, they shall be borne by each party in proportion to its negligence; (5) The Owner acknowledges that BW is a business corporation and not a professional service corporation, and further acknowledges that the corporate entity, as the party to this contract, expressly avoids contracting for individual responsibility of its officers, directors, or employees. The Owner and BW agree that any claim made by either party arising out of any act of the other party, or any officer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely against the other party and not individually or jointly against such officer, director, or employees. Termination - Either party may terminate this Agreement upon ten (10) business days’ written notice to the other party in the event of failure by the other party to perform with the terms of the Agreement through no fault of the terminating party. A condition precedent to termination shall be an opportunity for the Parties to meet. If this Agreement is terminated, Owner shall receive reproducible copies of drawings, developed applications and other completed documents. Owner shall be liable for, and promptly pay for all services and reimbursable expenses rendered to the date of suspension/termination of services. Use of Documents - BW documents are instruments of service and BW retains ownership and property interest (including copyright and right of reuse). Client shall not rely on such documents unless in printed form, signed or sealed by BW or its consultant. Electronic format of BW’s design documents may differ from the printed version and BW bears no liability for errors, omissions or discrepancies. Reuse of BW’s design documents is prohibited and Client shall defend and indemnify BW from all claims, damages, losses and expenses, including attorney’s fees, consultant/expert fees, and costs arising out of or resulting from said reuse. BW’s document retention policy will be followed upon Project closeout, and project documents will be kept for a period of 14 years after Project closeout. Successors, Assigns, and Beneficiaries – Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or BW to any third party, including any lender, Contractor, Contractor’s subcontractor, supplier, manufacturer, other individual, entity or public body, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement are for the sole and exclusive benefit of the Client and BW and not for the benefit (intended, unintended, direct or indirect) of any other entity or person. Dispute Resolution - All disputes between the Parties shall first be negotiated between them for a period of thirty (30) days. If unresolved, disputes shall be then submitted to mediation as a condition precedent to litigation. If mediation is unsuccessful, litigation in the county where the Project is pending shall be pursued. Miscellaneous Provisions – (1) This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. (2) All notices must be in writing and shall be deemed effectively served upon the other party when sent by certified mail, return receipt requested; (3) All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason; (4) Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Owner and BW, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close to expressing the intention of the stricken provision; (5) A party’s non-enforcement of any provision shall not constitute a waiver of the provision, nor shall if affect the enforceability of that provision or of the remainder of this Agreement; (6) To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of substantial completion, which is the point where the Project can be utilized for the purposes for which it was intended. 59 60 61 62 63 64 65 66 67 68 69 January 20, 2016 Mr. Michael Thomas Director of Public Works City of Lake Forest 800 North Field Drive Lake Forest, IL 60045 Re: GHA Contract Extension City Engineering Services Lake Forest, Illinois Dear Mr. Thomas: Thank you for inviting Gewalt Hamilton Associates, Inc. to continue to serve as the City Engineer of Lake Forest. Our firm is well qualified to perform this work and is quite interested in continuing to serve the City of Lake Forest. We have enclosed a draft agreement for your review specifying our proposed billing rates for a three year term from May 1, 2016 thru April 30, 2019. The billing rates proposed for the first two years of the agreement reflect our 2016 discounted municipal rates, which represent a discount of approximately 10% off of our standard rates. The rates would only increase for the final year of the agreement, from May 1, 2018 thru April 30, 2019, in keeping with an overall increase of approximately 2.5% annually. It is anticipated that for a majority of the term of the contract these rates will be less than our typical discounted municipal rates. If you should have any questions or require additional information, please do not hesitate to contact me. Sincerely, Gewalt Hamilton Associates, Inc. Daniel J. Strahan, P.E., CFM Associate/Senior Engineer dstrahan@gha-engineers.com 70 CITY OF LAKE FOREST PROFESSIONAL SERVICES AGREEMENT This AGREEMENT is dated as of the ____ day of ___________, 2016 (“Agreement”), and is by and between the CITY OF LAKE FOREST, an Illinois municipal corporation (“City”) and the Consultant identified in Section 1A of this Agreement. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the City’s statutory powers, the parties agree as follows: SECTION 1. CONSULTANT. A. Engagement of Consultant. The City has an existing agreement with the Consultant to provide professional engineering consulting services as City Engineer on an as- needed basis with a term set to expire on April 30, 2016. The City desires to extend the term of the agreement with the Consultant identified below to perform and to provide all necessary professional consulting services to perform the work in connection with the project identified below: Consultant Name ("Consultant"): Gewalt Hamilton Associates, Inc. Address: 625 Forest Edge Drive Street Vernon Hills, Illinois 60061 City State Zip Telephone No.: (847) 478-9700 Email: dstrahan@gha-engineers.com Project Name/Description: PROFESSIONAL ENGINEERING SERVICES AS CITY ENGINEER Agreement Amount: T&M B. Project Description. Consultant shall provide as–needed engineering consulting services relating to municipal engineering services; preliminary design, final design, and construction engineering services; and to fulfill the statutory requirements normally conducted by a City Engineer. This work shall be “on-call” as requested or directed by the City’s Director of Public Works or his designee. C. Representations of Consultant. The Consultant has submitted to the City a summary of hourly rates and key personnel, a copy of which is attached as Exhibit A to this Agreement ("Statement"). The Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the consulting services set forth in the Request and the Statement ("Services") in a manner consistent with the standards of professional practice by recognized consulting firms providing services of a similar nature in the Northeastern Illinois region. 71 D. Agreement Amount. The total amount billed by the Consultant for the services under this Agreement shall be limited to actual services performed as authorized by the Public Works Director or his designee as outlined in the Request. Hourly Rates will match the rates in Exhibit A, including reimbursable expenses, unless amended pursuant to Section 8A of this Agreement. Engineering services for federally funded projects shall be charged on a cost plus fixed fee basis in accordance with IDOT requirements E. Agreement Length. The agreement shall be in effect through April 30, 2019 starting upon the date this agreement is pursued. SECTION 2. SCOPE OF SERVICES. A. Retention of the Consultant. The City retains the Consultant to perform, and the Consultant agrees to perform, the Services. B. Services. The Consultant shall provide the Services pursuant to the terms and conditions of this Agreement. C. Commencement; Time of Performance. The Consultant shall be prepared to commence the Services immediately upon receipt of written notice from the City that this Agreement has been fully executed by the Parties (“Commencement Date”). The Consultant shall diligently and continuously prosecute the Services until the completion of the Services or upon the termination of this Agreement by the City. D. Reporting. The Consultant shall regularly report to the Public Works Director, or his designee, regarding the progress of the Services during the term of this Agreement. SECTION 3. COMPENSATION AND METHOD OF PAYMENT. A. Compensation. The total amount billed for the Services during the term of this Agreement shall be limited to actual services performed as authorized by the Public Works Director or his designee. Hourly Rates will match the rates in Exhibit A and will remain in effect until April 30, 2014. B. Invoices and Payment. The Consultant shall submit invoices in an approved format to the City for costs incurred by the Consultant in performing the Services. The amount billed in such invoice for the Services shall be based on the rates set forth in the Statement. The City shall pay to the Consultant the amount billed within 30 days after receiving such an invoice. C. Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall permit the authorized representative of the City to inspect and audit all data and records of the Consultant for work done under the Agreement. The records shall be made available to the City at reasonable times during the Agreement period, and for a year after the termination of the Agreement. D. Claim In Addition To Agreement Amount. If the Consultant desires to make a claim for additional compensation as a result of action taken by the City, the Consultant shall provide written notice to the City of such claim within 15 days after occurrence of such action as 72 provided by Section 8D, Notice, of this Agreement, and no claim for additional compensation shall be valid unless made in accordance with this Section. Any changes in the Agreement Amount shall be valid only upon written amendment pursuant to Section 8A, Amendment, of this Agreement. E. Taxes, Benefits, and Royalties Each payment by the City to the Consultant includes all applicable federal, state, and City taxes of every kind and nature applicable to the Services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties, and fees arising from the use on, or the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Consultant. F. Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each phase of the Services, shall be considered complete on the date of final written acceptance by the City of the Services or each phase of the Services, as the case may be, which acceptance shall not be unreasonably withheld or delayed. SECTION 4. PERSONNEL; SUBCONTRACTORS. A. Key Project Personnel. The Key Project Personnel identified in Exhibit A shall be primarily responsible for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without the City's prior written approval. B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the City as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Key Personnel. The Consultant shall have no claim for damages and shall not bill the City for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassigning, or resignation. C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the City. The City’s approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by the Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as if performed by employees of the Consultant. For purposes of this Agreement, the term “Consultant” shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. 73 D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the City, the Consultant shall immediately upon notice from the City remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement or for a delay or extension of the Time of Performance as a result of any such removal or replacement. SECTION 5. CONFIDENTIAL INFORMATION. A. Confidential Information. The term “Confidential Information” shall mean information in the possession or under the control of the City relating to the technical, business, or corporate affairs of the City; City property; user information, including, without limitation, any information pertaining to usage of the City's computer system, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. City Confidential Information shall not include information that can be demonstrated: (1) to have been rightfully in the possession of the Consultant from a source other than the City prior to the time of disclosure of said information to the Consultant under this Agreement (“Time of Disclosure”); (2) to have been in the public domain prior to the Time of Disclosure; (3) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of the Consultant or the City; or (4) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the City to maintain such information in confidence. B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the City under this Agreement, have access to or be directly or indirectly exposed to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without express prior written consent of the City. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to Confidential Information. SECTION 6. STANDARD OF SERVICES AND INDEMNIFICATION. A. Representation and Certification of Services. The Consultant represents and certifies that the Services shall be performed in accordance with the standards of professional practice and care practiced by consulting firms in performing services of a similar nature in Northeast Illinois at the Time of Performance. B. Indemnification. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officials, and employees (collectively, City) against all damage, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Consultant’s negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable. 74 The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the City’s negligent acts in connection with services provided under this agreement and the acts of its contractors, subcontractors or consultants or anyone for whom the City is legally liable. Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence. C. Insurance. The Consultant proposes, and agrees that the Consultant shall provide certificates and policies of insurance evidencing the minimum insurance coverages and limits set forth in Exhibit B to this Agreement within 10 days following the Commencement Date. Such policies shall be in forms, and from companies, acceptable to the City. The insurance coverages and limits set forth in Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on the Consultant’s duty to carry adequate insurance or on the Consultant’s liability for losses or damages under this Agreement. The City shall be named as an Additional Insured on all policies except for Worker’s Compensation, Professional Liability (if applicable). 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. D. No Personal Liability. No elected or appointed official, or employee of the City shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS. A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be construed (1) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the City and Consultant; or (2) to create any relationship between the City and any subcontractor of the Consultant. The consultant shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, pension, sick leave and/or vacation. Consultant agrees to pay all taxes including, but not limited to, employment taxes due in respect of the consulting fee. B. Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge, (1) no City employee or agent is interested in the business of the Consultant or this Agreement; (2) as of the date of this Agreement neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Consultant nor any person employed by or associated with the Consultant shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the 75 Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the City for all loss or damage that the City may suffer, and this Agreement shall, at the City’s option, be null and void. D. Termination. Notwithstanding any other provision hereof, the City may terminate this Agreement at any time upon 15 days prior written notice to the Consultant. In the event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the Services completed determined on the basis of the rates set forth in the Proposal. E. Default. If it should appear at any time that the Consultant has failed or refused to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of this Agreement (“Event of Default”), and fails to cure any such Event of Default within ten business days after the Consultant’s receipt of written notice of such Event of Default from the City, then the City shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Cure by Consultant. The City may require the Consultant, within a reasonable time, to complete or correct all or any part of the Services that are the subject of the Event of Default; and to take any or all other action necessary to bring the Consultant and the Services into compliance with this Agreement. 2. Termination of Agreement by City. The City may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement after the effective date of termination. 3. Withholding of Payment by City. The City may withhold from any payment, whether or not previously approved, or may recover from the Consultant, any and all costs, including attorneys’ fees and administrative expenses, incurred by the City as the result of any Event of Default by the Consultant or as a result of actions taken by the City in response to any Event of Default by the Consultant. F. Mutual Cooperation. The City agrees to cooperate with the Consultant in the performance of the Services, including meeting with the Consultant and providing the Consultant with such non-confidential information that the City may have that may be relevant and helpful to the Consultant’s performance of the Services. The Consultant agrees to cooperate with the 76 City in the performance of and the completion of the Services and with any other consultants engaged by the City. G. News Releases. The Consultant shall not issue any news releases or other public statements regarding the Services without prior approval from the City Manager. H. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received by the Consultant in connection with any or all of the Services to be performed under this Agreement (“Documents”) shall be and remain the exclusive property of the City. At the City’s request, or upon termination of this Agreement, the Consultant shall cause the Documents to be promptly delivered to the City. SECTION 8. GENERAL PROVISIONS. A. Amendment. No amendment or modification to this Agreement shall be effective unless and until the amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. B. Assignment. This Agreement may not be assigned by the City or by the Consultant without the prior written consent of the other party. C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties to this Agreement and their agents, successors, and assigns. D. Notice. All notices required or permitted to be given under this Agreement shall be in writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or by (3) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. 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 the other party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the City shall be addressed to, and delivered at, the following address: Michael Thomas Director of Public Works 800 North Field Drive Lake Forest, IL 60045 Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive 77 Vernon Hills, Illinois 60061 Attention: Steven D. Berecz, Corporate Secretary E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the City. F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. G. Time. Time is of the essence in the performance of this Agreement. H. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or federal holiday. I. Governing Laws. This Agreement shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. J. Authority to Execute. 1. The City. The City hereby warrants and represents to the Consultant that the persons executing this Agreement on its behalf have been properly authorized to do so by its corporate authorities. 2. The Consultant. The Consultant hereby warrants and represents to the City that the persons executing this Agreement on its behalf have the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and that all legal actions needed to authorize the execution, delivery, and performance of this Agreement have been taken. K. Entire Agreement. This Agreement constitutes the entire agreement between the parties to this Agreement and supersedes all prior agreements and negotiations between the parties, whether written or oral relating to the subject matter of this Agreement. L. Waiver. Neither the City nor the Consultant shall be under any obligation to exercise any of the rights granted to them in this Agreement except as it shall determine to be in its best interest from time to time. The failure of the City or the Consultant to exercise at any time any such rights shall not be deemed or construed as a waiver of that right, nor shall the failure void or affect the City's or the Consultant's right to enforce such rights or any other rights. M. Consents. Unless otherwise provided in this Agreement, whenever the consent, permission, authorization, approval, acknowledgement, or similar indication of assent of any 78 party to this Agreement, or of any duly authorized officer, employee, agent, or representative of any party to this Agreement, is required in this Agreement, the consent, permission, authorization, approval, acknowledgement, or similar indication of assent shall be in writing. N. Grammatical Usage and Construction. In construing this Agreement, pronouns include all genders and the plural includes the singular and vice versa. O. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. P. Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. Q. Exhibits. Exhibits A and B are attached to this Agreement, and by this reference incorporated in and made a part of, this Agreement. In the event of a conflict between the Exhibit and the text of this Agreement, the text of this Agreement shall control. R. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. S. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. ATTEST: CITY OF LAKE FOREST By: By: Margaret Boyer, Deputy City Clerk Donald P. Schoenheider, Mayor ATTEST: CONSULTANT By: By: Steven D. Berecz, Secretary Bruce L. Shrake, President 79 EXHIBIT A HOURLY RATES & KEY PERSONNEL Hourly Rates Staff Description Rates (Per Hour) for: 5/1/16 to 4/30/18 Principal Engineer $158.00 Senior Engineer $134.00 Senior Environmental Consultant $134.00 Professional Engineer $116.00 Professional Land Surveyor $112.00 Staff Engineer $106.00 GIS Professional $112.00 Environmental Consultant $106.00 Senior Technician $106.00 Engineering Technician II $92.00 Engineering Technician I $68.00 Administrative $56.00 Staff Description Rates (Per Hour) for: 5/1/18 to 4/30/19 Principal Engineer $162.00 Senior Engineer $140.00 Senior Environmental Consultant $140.00 Professional Engineer $120.00 Professional Land Surveyor $116.00 Staff Engineer $110.00 GIS Professional $118.00 Environmental Consultant $110.00 Senior Technician $110.00 Engineering Technician II $98.00 Engineering Technician I $72.00 Administrative $58.00 All hourly rates include costs for AutoCAD systems/software, vehicles and equipment. 80 Direct costs are defined as follows: GHA Direct Costs through 4/30/2019 Mileage $0.50/mi Vehicles/equipment no charge CADD software/systems no charge Black and white printing - up to 11” x 17” no charge Large-format black and white printing $0.25/sf Color prints up to 11” x 17” $0.50/page Large-format color plots $3.00/sf Expenses such as sub-consultant costs, overnight postage, and messenger services are invoiced without markup. Key Personnel We propose the following key personnel to be the primary team for the City of Lake Forest, with assistance from others, as required: Primary Contact: Mr. Daniel J. Strahan, P.E., CFM has over 13 years of experience in municipal engineering and is In addition to his work with the City of Lake Forest, Mr. Strahan is currently the Village Engineer for the Village of Barrington Hills (Cook, Lake, Kane, and McHenry County), and Township Engineer for Ela Township and Libertyville Township). Responsibilities include: Permit review and enforcement of Zoning, Building, Stormwater, and Floodplain ordinances; preparation of multi-year capital programs; Street maintenance and rehabilitation; engineering review of subdivision plans; local and regional drainage studies, drainage improvement design and installation. Mr. Daniel Brinkman, P.E., PTOE is a Licensed Professional Engineer with over 19 years of experience in the traffic engineering and transportation planning fields. His experience covers both the public and private sectors, with clients including municipalities, retail and residential developers, school districts, park districts and hospitals/medical centers. John Past, PLS, is a Licensed Professional Surveyor with more than 30 years of experience with emphasis on Topographical Surveys, A.L.T.A/A.C.S.M. Surveys, Settlement Monitoring Surveys, Boundary Surveys, Plats of Right of Way, Easement, Dedication, Subdivision, and Annexation. K. David Marquardt is a Senior Construction Engineer with over 24 years of experience with an emphasis on construction engineering. Mr. Marquardt serves as a field engineer for a variety of municipal and private projects and is responsible for managing all phases of the construction project including layout, construction observation, conformance with plans and specifications, schedule and budget adherence, material inspection management, and coordination between municipalities, residents, business owners, clients, and contractors. Prior to joining GHA, Mr. Marquardt worked for IDOT in the Bureau of Construction on an array of complex utility, road, and bridge reconstruction projects. 81 EXHIBIT B INSURANCE COVERAGES Coverage Limits of Liability Worker’s Compensation Statutory General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate Products and completed operations aggregate $2,000,000 Automobile Liability $1,000,000 Combined Single Limit Professional Liability $1,000,000 each claim $2,000,000 Aggregate Excess/Umbrella Liability $2,000,000 Each Occurrence $2,000,000 Aggregate 82 THE CITY OF LAKE FOREST ORDINANCE NO. 2016-_________ AN ORDINANCE APPROVING A FEE SCHEDULE FOR THE CITY OF LAKE FOREST WHEREAS, The City has established various fees and charges as part of its codes, ordinances, rules, regulations, and policies, which fees and charges are reviewed from time-to-time; and WHEREAS, the City Council has reviewed such fees and charges, and hereby determines that it is necessary to adjust certain existing fees and charges, and/or to establish formally other fees and charges; and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to adopt 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: 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: Approval of Fee Schedule. The City Council hereby approves the fee schedule set forth in Exhibit A (“Fee Schedule”). To the extent any provision of any code, ordinance, regulation, rule, or policy of the City is 83 contrary to the Fee Schedule, such provision is hereby deemed amended so that the Fee Schedule shall control. Any fee or charge not otherwise listed on the Fee Schedule shall remain unchanged and in full force and effect. SECTION THREE: Effective Date of Fee Schedule. The fees and charges set forth on the Fee Schedule shall take effect as of the date noted on the Fee Schedule. SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2016 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2016 _____________________________ Mayor ATTEST: _______________________________ City Clerk 2 84 Exhibit A Schedule of Fees and Charges 3 85 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue 1. Public Works Water Utility Fees/Charges Turn Off Water Fee 51.064 Water 75 Turn Off Water Fee After Hours 51.064 Water 100 Turn On Water Fee 51.064 Water 75 Turn On Water Fee After Hours 51.064 Water 100 Water Main Taps:Water 1 Inch 51.030(b)Water 500 1-1/2 Inch 51.030(b)Water 1,000 2 Inch 51.030(b)Water 1,300 3,4,6 and 8 inch taps 51.030(b)Water 900 Water Meter Fees:Water 3/4 Inch 51.045(e)Water 470 1 Inch 51.045(e)Water 540 1-1/2 Inch 51.045(e)Water 910 2 Inch 51.045(e)Water 1,165 3 inch 51.045(e)Water 2,615 4 inch 51.045(e)Water 3,950 6 inch 51.045(e)Water 6,840 Plant Investment Fee - SF 52.15 Water 2,900 Multi-Family Dwelling - new structure 52.15 Water 2,652 Residential pools, sprinkler systems 52.15 Water 459 Nonresidential buildings - new structures and additions 52.15 Water 1.02/sq ft of entire Water interior area of the building Institutional buildings - new structure and additions 52.15 Water .94/sq ft of entire only if eligible for fed and state tax exempt status Water interior area of the building General Fees Sticker for Leaf/Grass Bags 50.016 General 1.00 per sticker Sanitation Special Pickup 50.039 ( c)General $ 40 per cubic yard White Goods 50.015 General 65 White Goods W/CFC 50.015 General 90 Monthly refuse collection fee 50.021 General 8.00 Per month Exhibit A 86 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Licenses Scavengers - collects and disposes of multi-family and 50.055 1,500 per company commercial waste Scavengers - collects and disposes of residential and 50.055 750 per company commercial roll -offs Scavengers - collection and cleaning of portable toilets 50.055 200 per company 2. Community Development Water Utility Fees/Charges Water Service Inspection Fee N/A Water 50 Home Inspection Fee 51.065 Water 150 Home Inspection Fee - Re-Inspection 51.065 Water 50 Home Inspection Waiver 51.065 Water 25 General Fees Zoning Analysis 159.052 General 100 Building & Development Fees: Service Contracts: Lake Bluff N/A General Per Agreement Bannockburn N/A General $5,000 min. N/A & 50% over that Plan Review : Remodeling up to $12,000 150.145 General 55 $12,001 to $48,000 Remodeling 150.145 General 55 82 $48,001 - $120,000 Remodeling 150.145 General 55 138 over $120,000 Remodeling 150.145 General 55 230 Additional fee for plan reviews that require more than 2 hours 150.145 General $55 per additional hour New Construction - SFD 150.145 General 400 New Construction - 2FD 150.145 General 230/unit New Const. - Com. & Multi. Fam.150.145 $572+$50/ 3 or more units 150.145 1,000 Sq. Ft. Plan Re-Submittal Fee 150.145 General $ 140 per re-submittal 87 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Alterations to Approved Plans 150.145 General $ 140 + $55 per hour fee for reviews requiring more than 2 hours Building Scale Calculation Fees Single Family residence - first review N/A General 400 with completed Building Scale worksheet/detailed plans N/A General 200 Two-family dwelling N/A General $ 189 per unit with completed Building Scale worksheet/detailed plans N/A General 120 Additonal reviews (for revised plans)N/A General 102 On-site inspection for an existing dwelling N/A General 102 Office meeting to discuss for building scale calculation N/A General 50 Building Scale Waiver Request N/A General 100 Building Review Board Fees Signs/Awnings/Landscaping/ Lighting/Fences N/A General 75 Two or more of above N/A General 125 Storefront Alterations N/A General 100 New Commercial building, school, hospital or multi-family building N/A General 700 per building Alterations or major additions to commerical buildings, schools, N/A General 323 hopitals or multi-family buildings - per building New multi-building projects - per building N/A General 850 + 175 for more than 4 buildings (per building) Satellite Dish N/A General 100 Changes to approved building materials N/A General 60 Demolition with replacement structure N/A General 2,230 Demolition partial and replacement addition N/A General 1,310 Demolition w/o Replacement Struture N/A General 1,310 Replacement/new single family home/duplex structure N/A General 1,310 Variance from Building Scale Ordinance N/A General 367 Revisions to Approved Plans N/A General 225 Removal of less than 50%N/A Historic Preservation Commission Fees Demolition (complete) and replacement structure 155.07 General 2,450 Demolition (partial) and replacement structure 155.07 General 1,529 Removal of less than 50%155.07 88 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Demolition partial and replacement addition N/A General 1,310 Demolition w/o Replacement Struture N/A General 1,310 New Residence on Vacant Property (building scale fee also)155.07 General 1,050 Additions & Alterations to Existing Residence (building scale fee also)155.07 General 500 Revisions to Approved Plans 155.07 General 225 Variance from Building Scale Ordinance 155.07 General 367 Rescission of local landmark designation, amendment of 155.07 local landmark designation or historic map amendment 155.07 General 2,500 Project Fees Red Tag , per violation, per day 150.005 General 300 Stop Work Order 150.005 General 750 Street Obstruction - first 30 lineal fee of public right-of-way 150.005 General 30 Street Obstruction - for each 20 lineal feet or fraction therof in excess of 30 feet 150.005 General 10 Re-Inspection all permits (failed/no show)150.005 General 175 Additional Inspections 150.005 General 50 Off Hour Inspections 150.005 General $50 administration fee plus per hour cost of inspector Const. Codes Comm. Fees: Variances from Construction Code 150.110 General 250 Administrative Appeals 150.110 General 150 Material/Product Evaluation 150.110 General 350 350 Demolition Tax 150.110 Cap Imp/12,000 Afford Hsing Zoning Board of Appeals Variations from Zoning Codc 159.02 General 287 Administrative Appeals 159.02 General 150 Special Use Permit - Existing Developments 159.02 General 655 Legal Ad Publication (as required)159.02 General 50 65 Plan Commission Minor Subdivisions-Tentative Approval 2,3 or 4 lots 156.026(a)(3)General 2,184 89 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue payable at time of application Minor Subdivisions-Final Approval 156.026(a)(3)General 250+35/lot plus 156.026(a)(3)engineering and recording fees Major Subdivisions-Tentative Approval 5 or more lots 156.026(a)(3)General $3,822+35 for each 156.026(a)(3)General lot over 5 Major Subdivisions-Final approval paid prior to recording of plat 156.026(a)(3)General $400+35/ 156.026(a)(3)General plus $5/lot 156.026(a)(3)General over 10; + 156.026(a)(3)engineering and recording fees Planned Preservation Subd Special Use Pemit plus minor/major subd fee 156.026(a)(3)General 2,500 Zoning Change 156.026(a)(3)General 3,328 Filing fee for all other developments 156.026(a)(3)General 788 Code Amendment 156.026(a)(3)General 3,328 Extension of Tentative Subdivision Plat Approval 156.026(a)(3)General 150 Administrative Property Line shift 156.026(a)(3)General 250 Legal Ad Publication (as required)156.026(a)(3)General 50 65 Special Use Permit 156.026(a)(3)General 900 900 Permits Building Permits repair and maintenance under $6,000 150.145 General 40 Building Permits - $100,000 or less 150.145 General 1.5% of total construction 150.145 General (50 min) Building Permts - over $100,000 $100,001 - $200,000 150.145 General 2% of total construction $200,001 - $500,000 150.145 General $4,000 + 1% of total cc in excess of $200,000 $500,001 and above 150.145 General $7,000 + .5% of total cc in excess of $500,000 Underground storage tank removal General (single family and duplex)150.145 $150 per tank All other properties 150.145 General $250 per tank Hot work 150.145 General 25 100 Permit Extensions 150.145 General $150 adminstration fee plus 20% of the original 150.145 permit fee - 6 month extension 90 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Adminstration Demolition 150.145 General 500 Driveway Permits: New curb cut 150.145 General $50 per cut resurface driveway - no change 150.145 General 25.00 per cut reconfiguration or change of material 150.145 General 50 Driveway Bond 150.485 General 250 Satellite Permit 150.145 General 100 Satellite dish 150.145 General 1.5% of cost, 50 min Plumbing Irrigation Systems 150.145 General 2.00 per head 150.145 General $ 60 min Plumbing - base charge 150.145 General 60+$5.50/fix. Recording of Public Right-of-Way agreement 150.145 General 40 for sprinkler system Sanitary Sewer 150.145 General $50 min + 1.00/ft over 50 ft Storm Sewer 150.145 General $50 min + 1.00/ft over 50 ft Street Opening 98.056 50.00 Electrical 150.145 General $100, plus $1 per unit beyond 100 total units Electrical Service 150.145 General 75 Electric - motors 150.145 General $75 + .50 per horsepower HVAC Residential - New or replacement 1 or 2 units 150.145 General 52 Each additional unit 150.145 General 45 Duct work 150.145 General 52 Commercial New 150.145 General $52 per 1,500 150.145 General sq ft of floor area Commerical - replacement of existing units 150.145 General same as residential Sign 150.145 General 1.5% construction cost 150.145 General 50 min Construction Trailer Permit (Commercial Construction Sites only)150.145 General $100 per month Purchase of Parking Space per Zoning Code 150.145 General to be set by City Council at the time 150.145 of approval based on market costs 91 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Vending Licenses Health -Restaurant (20 or Less)113.03(d)(1)General 250 Health - Restaurant (21-99)113.03(d)(2)General 350 Health - Restaurant (100 + Seats)113.03(d)(3)General 600 Health - Itinerant Restaurant 113.03(d)(4)General 250 Health - Food Store 113.21(d)General 100.00 Health - Limited Food Store (selling candy)113.21(d)General 50.00 Food Vendor (delivery)113.21(d)General $150/Veh. Milk Vendor (delivery)113.21(d)General $100/Veh. Health - Milk Store 113.21(d)General 100 Ice Vending Machine per machine 95.061 General 110 Food Vending Machine per machine 113.21(d)General 55 Candy Vending Machine per machine 113.21(d)General 55 Pop/Soft drink Vending Machine per machine 113.21(d)General 55 Milk Vending Machine per machine 113.21(d)General 55 Tobacco vending machine per machine 135.136 General 50 Card/Trinket Vending Machine per machine 110.104 General 55 Amusement Machine per machine 110.104 General 110 HVAC Contractor 150.145 General 60 Electrical Contractor 150.145 General 60 Juke Box 110.083 General 25 Pool Table 112.095(b)(1)General 25 Elevator Inspection Fee 150.220(b)General Variable DVD Vending Machine License 110.005 General 110 Tree and Vegetation Removal Application Review Fee 99 General $30 40 Removal of Heritage Tree 99 General $ 40 per tree Removal of tree 10" DBH or larger within the streetscape preservation 99 General $ 40 per tree area, the front yard or the corner side yard 99 Removal of trees or vegetation from a Conservation Easement 99 General $ 35 per 1 1/2 acre site Removal of trees froma Tree Preservation or No Disturbance area 99 General $ 35 per tree 40 Removal of trees or shrubs from any ravine or bluff 99 General $ 35 per 1 1/2 acre site 40 Removal of trees or shrubs from a public right of way 99 General $ 35 per 1 1/2 acre site 40 or other public property 99 Ash tree removals 99 General No Fee 92 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Bonds Permit Renewal - for projects with estimated construction 150.145 General 13% of permit fee 15% costs of $200,000 or less refundable upon completion of project within one year Permit Renewal - for projects with estimated construction 150.145 General 17% of permit fee costs of more than $200,000 refundable upon completion of project within 18 months Street Opening Bond 98.058 General 500 Fire Protection Fees: Life Safety Plan Review Fee - New Constr/Addition 150.145 General $ 500 min or .05 s.f. includes all floors Life Safety Plan Review Fee - Remodel/Alteration 150.145 General $ 60 min or .05 sf includes all areas Fire Suppression Systems (Plan review and 2 inspections) Single Family/Duplex Residential New 150.145 General $120 or .05 per s.f whichever is greater Addition/Alteration 150.145 General $60 or .05 per s.f for scope of work area 150.145 whichever is greater Commercial/Multi Family New 150.145 General $500 or .05 per s.f. whichever is greater Addition/Alteration 150.145 General $250 or .05 s.f. for scope of work area whichever is greater Specialized Suppression (FM 200, clean agent)150.145 General $150 per system ( in addition to above fees for the overall system) Stand pipe riser 150.145 General 100 Fire Alarms Single Family/Duplex Residential 150.145 General $75 or .05 per s.f. whichever is greater Commercial/Multi Family - New General $75 or .05 per s.f. whichever is greater $500 or .05 per s.f. whichever is grea Commercial/Multi Family - Addition/Alteration 150.145 General $75 or .05 per s.f. whichever is greater Inspections/Tests Annual & New Underground Flush test 150.145 Water $75 + cost per gallon of water, at current rate as 150.145 established by the City Council, based on pipe size Annual & New Fire Pump Test 150.145 Water $175 + cost per gallon of water, at current rate as 93 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue 150.145 established by the City Council, based on pump size Other Hood and Duct Extinguishing System - New 150.145 General $300 per system Hood and Duct Extinguishing System - Alteration 150.145 General $100 per system Altenative Letter of Credit Review 150.145 General $100 per review Conditional Certificate of Occupancy (single family 150.145 and duplex)150.145 General $200 per unit Conditional Certificate of Occupancy (multi-family 150.145 and commercial)150.145 General $250 or $25 per square foot, whichever is greater, 150.145 to a maximum of $1,500 3. Finance Water Utility Fees/Charges Water Sales/1,000 Gallons Effective with Water Bills mailed on or after May 1, 2016 Lake Forest Residential - to 60,000 Gallons per Quarter 51.061(a)Water 5.30 5.43 2.45%138,771 Lake Forest Residential - over 60,000 Gallons per Quarater 51.061(a)Water 5.57 5.70 2.33%29,591 Lake Forest All Other Users 51.061(a)Water 5.46 5.60 2.56%(incl above) Del Mar Woods 51.061(a)Water 7.52 7.71 2.53% Other Non resident users 51.061(a)Water 7.52 7.71 2.53% Sewer Charge/1,000 Gallons (winter usage)51.061(a)Water 1.16 Customer Charge - Water (Inside) 5/8" to 1.5" meter 51.061(b)Water $30/quarter 2" to 4" meter 51.061(b)Water $150/quarter 6" and above meter 51.061(b)Water $750/quarter Benefit Access Program Discount - must renew annually N\A Water $(10)/quarter Customer Charge - Water (Outside) 5/8" to 1.5" meter 51.062(b)Water $40/quarter 2" to 4" meter 51.062(b)Water $165/quarter 6" and above meter 51.062(b)Water $790/quarter Customer Charge - Sewer 5/8" to 1.5" meter 52.15€(1)Water $5/quarter 2" to 4" meter 52.15€(1)Water $20/quarter 6" and above meter 52.15€(1)Water $100/quarter 94 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Beach Parking Fee Beach Parking Temporary (R)73.45 General 85 Temporary (NR)73.45 General 910 Parking Permits Resident-Full Year 73.27(c)(7)Parking 313 Resident-Monthly 73.27(c)(7)Parking 30/Month Resident - Unlimited 73.27(c)(7)Parking 1,000 Employer Purchased-Full Yr. 73.27(c)(7)Parking 180 Employer Purchased-Monthly 73.27(c)(7)Parking 20/Month Non-Resident-Full Year 73.27(c)(7)Parking 700 Non-Resident - Monthly 73.27(c)(7)Parking 60/Monthly An envelope of 10 tokens N\A Parking 25 Daily Parking Fee-Telegraph 73.27(c)(7)Parking 3 Daily Parking Fee-All Other 73.27(c)(7)Parking 3 Licenses Car and Lt Truck 74.179(b)General 85 HeavyTruck (8,000+ lbs.)74.179(b)General 110 Motocycles 74.179(b)General 45 Senior Citizen 65 and over N/A General no discount Transfers 74.184 & 185 General 5 Penalties 74.179(b)General 50% Dog License 91.032 General 10 Cat License 91.032 General 10 Auto Dealer License 74.183 General 50+20/Veh Disabled vehicle sticker (Benefit Access Program)N/A General 45 Real Estate Transfer Tax 39.155(b)Cap Imp $4.00 per $1,000 Non-sufficient funds Fee 10.99 General 25 Credit Card Service Fees-Effective January 1, 2015 Daily Parking 73.27(c)(7)General $.25 per transaction Building Permits N/A General lesser of 3.00% or maximum allowable by law 95 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue 4. Parks and Recreation Golf Course Fees/Charges: Seasonal Fees-Resident: effective January 1, 2016 Class A -Adult Single 97.051 DPG 1,385 1400 1.08%1287 Class B -Adult Combo 97.051 DPG 2,402 2400 -0.08%-30 Class D -Junior 97.051 DPG 618 600 -2.91%-648 Class F - Senior Citizen 97.051 DPG 823 850 3.28%2575 Seasonal Fees (Non-Resident) effective January 1, 2016 Class A -Adult Single 97.051 DPG 1,794 1,800 0.33%54 Class B -Adult Combo 97.051 DPG 2,402 2,400 -0.08%-4 Class D -Junior 97.051 DPG 618 625 1.13%21 Class F - Senior Citizen 97.051 DPG 1,095 1,100 0.46%35 Daily Fees-Resident: effective January 1, 2016 Weekday-9 97.051 DPG 28 Weekday-18 97.051 DPG 42 Weekend 9 97.051 DPG 32 34 6.25% Weekend -18 97.051 DPG 50 Electric Golf Carts: effective January 1, 2016 9 Holes Single Rider 97.052 DPG 12 18 Holes Single Rider 97.052 DPG 19 Range Balls Small Bucket 97.051 DPG 4 . Large Bucket 97.051 DPG 6 Double Bucket 97.051 DPG 15 Pull cart - 9 holes 97.051 DPG 4 6 50.00%517 Pull cart - 18 hoes 97.051 DPG 5 8 60.00%1031 USGA Handicap Fees - Members 97.051 DPG 34 96 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Permanent Tee Time - Weekend 97.051 DPG 300 Locker - 18 inch 97.051 DPG 105 110 4.76%182 Locker - 12 inch 97.051 DPG 95 100 5.26%255 Park Fees Park Picnic Permits 0 - 50 People N/A Parks/Rec 50 125 150.00% 51 or more People N/A Parks/Rec 50 75 50.00% Picnic Tables Parks/Rec 25 per table Grills Parks/Rec 85 per grill Cemetery Fees Issuance of Deeds 93.45 Cemetery .50 per deed Boating and Beach Fees - effective February 1, 2016 Watercraft Ramp/Sailboat Permits-Recreation Watercraft Ramp (R)97.066 Parks/Rec 446 464 4.04%1278 Watercraft Ramp 2nd boat/ half season 97.066 Parks/Rec 223 232 4.04%108 Watercraft Ramp (R) (Sen.) 97.066 Parks/Rec 335 371 10.75%432 Watercraft Ramp (R) (Sen) 2nd boat/ half season 97.066 Parks/Rec 168 186 10.71%54 Watercraft Ramp (NR) 97.066 Parks/Rec 892 928 4.04%72 Year round compound storage Resident 97.066 Parks/Rec 1,977 2056 4.00%1106 Year round compound storage Resident senior 97.066 Parks/Rec 1,483 1645 10.92%972 Year round compound storage non-resident 97.066 Parks/Rec 2,966 3085 4.01%0 Seasonal compound storage Resident 97.066 Parks/Rec 1,338 1392 4.04%108 Seasonal compound storage Resident Senior 97.066 Parks/Rec 1,003 1114 11.07%222 Seasonal compound storage Non-resident 97.066 Parks/Rec 2,007 2086 3.94%0 Year round watercraft rack storage resident 97.066 Parks/Rec 540 562 4.07%176 Year round watercraft rack storage resident senior 97.066 Parks/Rec 405 450 11.11%90 Year round watercraft rack storage non-resident 97.066 Parks/Rec 540 562 4.07%0 Seasonal watercraft rack storage resident 97.066 Parks/Rec 315 328 4.13%273 Seasonal watercraft rack storage resident senior 97.066 Parks/Rec 236 262 11.02%104 Seasonal watercraft rack storage non-resident 97.066 Parks/Rec 315 328 4.13%0 Year round watercraft sand storage resident 97.066 Parks/Rec 668 695 4.04%81 Year round watercraft sand storage resident senior 97.066 Parks/Rec 501 556 10.98%0 Year round watercraft sand storage non-resident 97.066 Parks/Rec 1,002 1042 3.99%0 Seasonal watercraft sand storage resident 97.066 Parks/Rec 410 426 3.90%64 97 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Seasonal watercraft sand storage resident senior 97.066 Parks/Rec 308 341 10.71%0 Seasonal watercraft sand storage non-resident 97.066 Parks/Rec 615 640 4.07%0 South Beach Parking Permit (R)97.066 Parks/Rec 129 134 3.88%130 South Beach Parking Permit (R) (Sen.)97.066 Parks/Rec 97 107 10.31%250 South Beach Parking Permit (NR)97.066 Parks/Rec 910 910 0.00%0 South Beach Parking Permit Employee/Retiree 97.066 Parks/Rec 86 89 3.49%3 Extra vehicle decal resident - center isle 97.066 Parks/Rec 129 134 3.88%140 Extra vehicle decal senior - center isle 97.066 Parks/Rec 97 107 10.31%80 Extra vehicle decal nonresident - center isle 97.066 Parks/Rec 194 202 4.12%8 Daily Boat Launch resident 97.066 Parks/Rec 38 40 5.26%182 Daily Boat Launch nonresident 97.066 Parks/Rec 60 65 8.33%40 Resident Guest Daily Parking Pass, limit 5 per season 97.066 Parks/Rec 10 Nanny Parking Pass 97.066 Parks/Rec 85 Senior Caregiver Parking Pass 97.066 Parks/Rec 85 Non resident beach fee, weekends and holidays 97.069 Parks/Rec 10 Fitness Center Fees - effective May 1, 2016 Fitness Center Membership Fees Individual resident rate N/A Parks/Rec 371 384 3.50%2,913 Individual resident rate - 6 months N/A Parks/Rec 260 0 -100.00%-779 Individual resident rate - 3 months N/A Parks/Rec 130 0 -100.00%-5,974 Individual resident rate - 1 months N/A Parks/Rec 0 39 100.00%5,958 Individual non-resident rate N/A Parks/Rec 464 468 0.86%20 Individual non-resident rate - 6 months N/A Parks/Rec 325 0 -100.00%0 Individual non-resident rate - 3 months N/A Parks/Rec 162 0 -100.00%-486 Individual non-resident rate - 1 months N/A Parks/Rec 47 423 Couple resident rate N/A Parks/Rec 649 672 3.54%2,221 Couple resident rate - 6 months N/A Parks/Rec 455 0 -100.00%0 Couple resident rate - 3 month N/A Parks/Rec 227 0 -100.00%0 Couple resident rate - 1 month N/A Parks/Rec 67 0 Couple non-resident rate N/A Parks/Rec 812 816 0.49%12 Couple non-resident rate - 6 months N/A Parks/Rec 568 0 -100.00%0 Couple non-resident rate - 3 months N/A Parks/Rec 284 0 -100.00%0 Couple non-resident rate - 1 months N/A Parks/Rec 82 0 Family resident rate N/A Parks/Rec 844 876 3.79%2,135 Family resident rate - 6 months N/A Parks/Rec 591 0 -100.00%0 Family resident rate - 3 months N/A Parks/Rec 295 0 -100.00%0 Family resident rate - 1 months N/A Parks/Rec 88 0 98 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Family non-resident rate N/A Parks/Rec 1,055 1056 0.09%0 Family non-resident rate - 6 months N/A Parks/Rec 739 0 -100.00%0 Family non-resident rate - 3 months N/A Parks/Rec 369 0 -100.00%0 Family non-resident rate - 1 months N/A Parks/Rec 106 0 Senior resident rate N/A Parks/Rec 278 288 3.60%1,010 Senior resident rate - 6 months N/A Parks/Rec 195 0 -100.00%-584 Senior resident rate - 3 months N/A Parks/Rec 97 0 -100.00%-97 Senior resident rate - 1 months N/A Parks/Rec 29 609 Senior non-resident rate N/A Parks/Rec 348 348 0 Senior non-resident rate - 6 months N/A Parks/Rec 244 0 -100.00%0 Senior non-resident rate - 3 months N/A Parks/Rec 122 0 -100.00%0 Senior non-resident rate - 1 months N/A Parks/Rec 35 0 Senior couple resident rate N/A Parks/Rec 487 504 3.49%748 Senior couple resident rate - 6 months N/A Parks/Rec 341 0 -100.00%-341 Senior couple resident rate - 3 months N/A Parks/Rec 170 0 -100.00%0 Senior couple resident rate - 1 months N/A Parks/Rec 51 306 Senior couple non-resident rate N/A Parks/Rec 609 612 0.49%0 Senior couple non-resident rate - 6 months N/A Parks/Rec 426 0 -100.00%0 Senior couple non-resident rate - 3 months N/A Parks/Rec 213 0 -100.00%0 Senior couple non-resident rate - 1 months N/A Parks/Rec 61 0 Student resident rate N/A Parks/Rec 283 288 1.77%209 Student non-resident rate N/A Parks/Rec 354 360 1.69%0 Matinee resident rate N/A Parks/Rec 187 192 2.67%485 Matinee non-resident rate N/A Parks/Rec 233 240 3.00%77 All-inclusive - member - effective December 6, 2012 N/A Parks/Rec 286 290 1.40%594 All-inclusive - non-member - effective December 6, 2012 N/A Parks/Rec 636 645 1.42%0 5. OCM General Fees & Charges: Birth certificates (January 1, 2010)5.36 General $10 first/$4 additional Death certificates (January 1, 2013)5.36 General $14 first/$6 additional On-line data entry fee by city staff ( January 1, 2010)N/A General 10 Peddler Permit 117.01(b)General $40 Solicitors Permit 117.40 General $30 Electric Car N/A General $1 per Hour 99 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Special Event Fees Police Officer hourly rate 10.13 General $80 Firefighter/Paramedic hourly rate 10.13 General $80 Police and Fire Vehicle 10.13 General $110 Public Works hourly rate 10.13 General $63 Parks hourly rate 10.13 Parks/Rec.$63 Barricades 1 - 10 98.011 General $5 Bleacher keep in park 10.13 General $40 Bleacher move to another location 10.13 General $70 Litter Barrels 1 - 6 10.13 General $135 Litter Barrels 7 - 12 10.13 General $45 Picnic Tables 1 - 6 10.13 General $55 Picnic Tables 7 - 12 10.13 General $150 Grills 10.13 General $245 Licenses Raffle License 110.150 General 25 Tobacco License 135.138(f)General 125 500 300.00%4000 Landscape License (March 1 to Feb 28)110.217 General 100 Penalties - Landscape License Applications after June 1 110.217 General 25 Auctioneers License 110.026 General $5 Daily & $1.00 per employee Factories and Slaughterhouses 110.047 General $500 Mobile Auto Service 110.200 General $50 per unit Athletic Contests 112.0029B)General $50 per day Bowling Alley 112.025 General $10 per lane per year Circuses 112.041 General $100 per day circus conducted Circuses - Side Show 112.042 General $50 per day circus conducted Motion Pictures - Establishment capacity 500 or more persons 112.075 General .50 per seat Public Dances 112.112 General $500 Theatrical Performances - less than 500 persons 112.126 General $100 Theatrical Performances - more than 500 persons 112.126 General $150 Theatrical Performance not covered by 112.126 112.127 General $25 per day Junk Yard or Junk Shop 114.22 General $75 Junk Dealer collected by vehicle 114.23 General $20 per vehicle Pawnbroker 116.03 General 100 Expressmen and Draymen 118.156 General 25 Alcoholic and Beverages: 100 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Class A-1 111.036 General 2,700 Class A-2 111.036 General 1,500 Class A-3 111.036 General 275 Class B-1 111.036 General 2,500 Class C-1 111.036 General 2,600 Class C-2 111.036 General 3,000 Class C-3 111.036 General 800 Class D-1 111.036 General 2,500 Class E-1 111.036 General 3,000 Class F-1 111.036 General 100 Class F-2 111.036 General 100 for each 24 hour period or any part therof: $50 not for profit with proof of 501 ( c)3 status Class F-3 111.036 General 75 for each 24 hour period or any part therof: $50 not for profit with proof of 501 ( c)3 status Class F-4 111.036 General 500 per vendor for the duration of the sporting event Class F-5 111.036 General 1,100 Class F-6 111.036 General 600 Class G-1 111.036 General 200 Class G-2 111.036 General 600 Class H-1 111.036 General 600 Class H-2 111.036 General 1,100 Class I-1 111.036 General None Annual Renewal 111.036 General 150 renewal existing or change in owners or officers Application Fee 111.043 General 300 new license Application for Change in Owners or Officers 111.043 General 100 Liquor License Penalty Fee 111.036 General 25 Impact Fees Library 150.023 Library see ordinance Fire and Emergency Services 150.023 General see ordinance Park Site 150.023 PPL see ordinance Park Development 150.023 PPL see ordinance Police 150.023 General see ordinance 101 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Public Works 150.023 General see ordinance School District 67 (information only)150.023 pay School see ordinance High School District 115 (information only)150.023 pay School see ordinance 6. Police General Fees & Charges: Bank ID Card Fee N/A General 25 Adult Finger Print Fee Resident or Employee N/A General 25 Non-resident N/A General 200 Licenses Taxicab 118.068 General 50 Taxicab Driver 118.068 General 50 Taxi Business License (paid at City Hall) New 118.068 General 100 Renewal 118.068 General 100 Fines & Penalties: Overtime Parking - Lot 73.99 General $15/25/50 25/75/125 60.00%40000 Improper Parking - Lot 73.99 General 15/25/50 25/75/125 60.00% Parking in Prohibited Area- Lot 73.99 General 15/25/50 25/75/125 60.00% Overtime Parking - Other 73.99 General $15/25/50 25/75/125 60.00% Improper Parking - Other 73.99 General 15/25/50 25/75/125 60.00% Parking in Prohibited Area- Other 73.99 General 15/25/50 25/75/125 60.00% Parking at Boat Ramp 73.46 General 125/150/175 125/250/350 No Vehicle License 74.179 General 75/100/125 No parking east of Sheridan Road 73.99 General 125/150/175 125/250/350 No Animal License 91.032 General 15/25/50 Dog-At-Large 91.050 General 40/55/70 Code Violations Variable General variable Motor Code Violations Variable General variable Dog Barking 91.004 General 15/25/50 Dog Impound 91.014 General 15 Leaf Burning 94.2 General 15/25/50 100 660.00% Handicapped Parking 73.21 General 250 Dog Public Nuisance 91.053 General 100/500/750 102 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Burglar Alarm Fees 110.125 General 0/50/100/250 Vehicle Immobilization fee 73.50 General 100 E-911 Surcharge 39.181 E911 Fund 0.65 Copies of Accident Reports 71.032 General 10 FOIA copy fees >50 pages 33.3 General .15 per page Transiant Merchant License 117.20(f)General 100.00 7. Fire General Fees & Charges: Ambulance-Resident ALS transport 94.51 General 587.40 Ambulance-Resident ALS2 transport 94.52 General 703.98 Ambulance-Resident BLS transport 94.53 General 524.40 Ambulance-Non Resident ALS transport 94.54 General 735.63 Ambulance- Non Resident ALS2 transport 94.55 General 903.98 Ambulance-Non Resident BLS transport 94.56 General 666.74 Ambulance - Mileage 94.58 General 6.05 per mile 7.27 20.17% Fireworks Permit 94.5 General 100 Open Burn Permit 94.5 General 50 Bonfire Permit 94.5 General 50 Special Event Inspection 94.5 General 100 Tent Permit 94.5 General 50.00 or .05 per square foot Fire Watch 94.5 General Hourly Rate Annual Fire Pump Test 94.5 General/Water 10.00 Admin Fee + Water Usage Annual Inspections - 4th re-inspection 94.5 General 60 Annual Inspections - 5th re-inspection 94.5 General 120 Annual Inspections - 6th re-inspection 94.5 General 240 Inflatable amusement inspection 94.5 General 25.00 per inflatable Carninval rides 94.5 General 200 Fire Alarm Fees 110.125 General 0/50/100/250 103 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue 8. Engineering Sewer System Connection Fee Single Family Dwelling N/A 825 Two - family Dwelling N/A 825 per unit Multi-family Dwelling N/A 165 per population equiv 1,650 min Non-Residential Buildings N/A 165 per population equiv 1,650 min Institutional buildings with Fed and State tax exempt status N/A 825/connection Site Grading Site Grading - New construction N/A 500 If no grading, request may be submitted for a waiver of the requirement of N/A 100 grading plan Resubmittal N/A 125 Revisions to approved grading plans N/A 125 Tree fencing inspection fee N/A 125 Site grading security (financial guarantee - refundable)N/A 3,000 per acre of development Water Shed Development Fee: Revised Fee Schedule General Fees Sediment and Erosion Control Only Single Family Residential Lot (See site grading ordinance)151.05 see ordinance Single Family Residential Lot (within regulatory floodplain)151.05 750 Development (<10 acres)151.05 850 Development ( ≥ 10 acres)151.05 1,000 Minor Development Without detention 151.05 2,000 With detention or Fee - in - lieu 151.05 3,000 Major Development With detention or Fee-in-lieu 151.05 4,500 Within regulatory floodplain ( < 10 acres)151.05 3,000 Within regulatory floodplain (≥ 10 acres)151.05 4,000 Wetland Fees Category I Wetland impacts less than or equal to 1 acre N/A 500 + appropriate General fee Category II Wetland impacts greater than 1 acre and less than 2 acres N/A 750 + appropriate General fee 104 Proposed 2/1/16 CC PROPOSED FY2017 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2016 blank)CHANGE Revenue Category III Wetland impacts greater or equal to 2 acres or impacts a HQAR N/A 1,000 + appropriate General fee Category IV Wetland impacts involving either restoration, creation N/A 500 (< 1 acre) + applicable Gen fee or enhancement N/A 1,000 (≥ 1 acre) + applicable Gen fee Resubmittal fee N/A 1/3 of total Watershed Permit Fee/each resubmittal Earth Change Approval N/A 1,000 + applicable Watershed Permit Fee Securities - financial guarantee refundable N/A 3,000 per acre of development Variances N/A 2,200 + applicable Watershed Permit Fee Appeals N/A 550 + applicable Watershed Permit Fee Flood Plain Analysis and Report N/A 35 Construction Engineering Standards Manual N/A 35 9. Senior Resources Membership Dues Residents of Lake Forest, Lake Bluff and unincorporated Lake Forest and Lake Bluff 97.087 Senior Resources $35 per person 97.087 $55 per family Outside of Lake Forest and Lake Bluff 97.087 Senior Resources $45 per person 97.087 $65 per family Circuit Breaker participants Lake Forest and Lake Bluff 97.087 Senior Resources $10 per person residents only 97.087 $15 per family Car and Bus rides 97.087 Senior Resources $3/fee each direction 97.087 $6 round trip Taxi subsidy- Lake Forest and Lake Bluff residents 97.087 Senior Resources 16 coupons/month living within the Lake Forest High School District for a value of $3/each 105 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2016-___ AN ORDINANCE AMENDING CHAPTER S 70, 71, 72, 73, 74, 75, 77, AND 78 TO CONFORM CODE PROVISIONS TO PRACTICES AND POLICIES RELATING TO THE CITY’S TRAFFIC ENFORCEMENT WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time it is appropriate to review, update and modify the City Code of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City Council Liaison (the “Panel”) reviewed Chapters 70, 71, 72, 73, 74, 75, 77, and 78 of the City Code; and WHEREAS, the Panel determined that making certain changes to Chapters 70, 71, 72, 73, 74, 75, 77, and 78 will promote a clearer understanding of the Code and thereby would serve the best interests of the City and its residents; and WHEREAS, the Mayor and City Council, having considered the recommendation of the City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and amending Chapters 70, 71, 72, 73, 74, 75, 77, and 78 of the City Code as hereinafter set forth, will be in the best interests of the City and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. 106 2 SECTION TWO: Amendments to Chapter 70. Chapter 70, entitled “General Provisions,” of the City Code is hereby amended as follows: A. Section 70.022, entitled “Driving Over Curbs,” is hereby amended in its entirety, so that Section 70.022 shall hereafter be and read as follows: § 70.022 RESERVED. B. Section 70.037, entitled “Improper Riding on Motorcycle,” is hereby amended in its entirety, so that Section 70.037 shall hereafter be and read as follows: § 70.037 IMPROPER RIDING ON MOTORCYCLE. (a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for 2 persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. (b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle. (c) The operator of any motorcycle shall keep at least one hand on a handlebar grip at all times the motorcycle is in motion. C. Section 70.040, entitled “Illegal Handlebars on Motorcycles,” is hereby amended in its entirety, so that Section 70.040 shall hereafter be and read as follows: § 70.040 ILLEGAL HANDLEBARS ON MOTORCYCLES. No person shall operate any motorcycle with handlebar grips higher than the height of the head of the operator when the operator is seated in the normal driving position astride that portion of the seat or saddle occupied by the operator. D. Section 70.043, entitled “Riding In House Trailer,” is hereby amended, so that Section 70.043 shall hereafter be and read as follows: § 70.043 RIDING IN HOUSE TRAILER TOWED VEHICLE. No person or persons shall occupy a house trailer while it is being moved upon a public highway. No person or persons shall occupy a trailer, semitrailer, farm wagon, or any other vehicle while it is being towed upon a public highway, unless: 107 3 (a) the occupancy of the towed vehicle is necessary to avoid an imminent threat to a person's safety due to extreme weather conditions or another emergency situation; (b) the speed of the vehicle does not exceed 15 miles per hour and the vehicle is used in connection with a parade, farming-related activity, or similar activity; or (c) the speed of the vehicle does not exceed 15 miles per hour and the passenger is over the age of 18. E. Section 70.047, entitled “Driving on Sidewalk,” is hereby amended in its entirety, so that Section 70.047 shall hereafter be and read as follows: § 70.047 DRIVING ON SIDEWALK AND DRIVING OVER CURBS. (a) No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. This Section does not apply to any vehicle moved exclusively by human power, to any electric personal assistive mobility device, nor to any motorized wheelchair. (b) A person may not operate an electric personal assistive mobility device upon a public sidewalk at a speed greater than 8 miles per hour. (c) No person, firm or corporation shall drive any vehicle or permit the same to be driven, over any curb, shoulder, or public parkway within the city, except: 1. Upon issuance of a permit from the city’s Surveyor and Engineer in accordance with the ordinances of the city permitting public improvement construction vehicles to be driven over a curb, shoulder, or public parkway: or 2. In the case of an emergency or when authorized by a police officer. F. Section 70.051, entitled “School Buses; Stopping, Loading and Discharging Passengers on Highways Having Four or More Lanes,” is hereby amended, so that Section 70.051 shall hereafter be and read as follows: § 70.051 SCHOOL BUSES; STOPPING, LOADING AND DISCHARGING PASSENGERS ON HIGHWAYS HAVING FOUR OR MORE LANES (A) A school bus traveling on a highway having four or more lanes for 108 4 vehicular traffic shall stop for the loading or discharging of passengers only on the right side of the highway and when so stopped shall load or discharge only those passengers whose residences are located to the right of the highway. The routes of school buses shall be so arranged that no child shall be required to cross such a four or more lane highway to board a school bus or to reach his or her residence after leaving the bus. This section shall not apply when children are escorted by competent persons designated by the school authorities or by law enforcement officers. (B) At all pick-up points where it is necessary for a school bus passenger to cross the roadway to board the bus, the school bus driver shall signal the awaiting passenger when it is safe to cross the roadway ahead of the bus. (C) At all discharge points where it is necessary for a school bus passenger to cross the roadway, the school bus driver shall direct the passenger to a point approximately ten feet in front the bus on the shoulder and shall then signal the passenger when it is safe to cross the roadway. (Prior Code, §§ 40-1-1415, 40-1-1423) G. Section 70.053, entitled “Farm Tractor Operation Regulated,” is hereby amended in its entirety, so that Section 70.053 shall hereafter be and read as follows: § 70.053 RESERVED H. Section 70.055, entitled “Illegal Operation of Ambulance,” is hereby amended in its entirety, so that Section 70.055 shall hereafter be and read as follows: § 70.055 RESERVED I. Section 70.056, entitled “Passengers Boarding or Exiting a School Bus,” is hereby amended in its entirety, so that Section 70.056 shall hereafter be and read as follows: § 70.056 RESERVED J. Section 70.059, entitled “Unlawful Use or Damage to Highways, Appurtenances and Structures,” is hereby amended, so that Section 70.059 shall hereafter be and read as follows: § 70.059 UNLAWFUL USE OR DAMAGE TO HIGHWAYS, APPURTENANCES AND STRUCTURES. It shall be unlawful for any person to willfully injure or damage any public highway or street or any bridge, culvert, sign, signpost or structure upon 109 5 or used or constructed in connection with any public highway or street for the protection thereof or for protection or regulation of traffic thereon by any willfully unusual, improper or unreasonable use thereof, or by willfully careless driving or use of any vehicle thereon, or by willful mutilation, defacing or destruction thereof. K. Section 70.061, entitled “Weight Limits Restricted on Certain Streets,” is hereby amended, so that Section 70.061 shall hereafter be and read as follows: § 70.061 WEIGHT LIMITS RESTRICTED ON CERTAIN STREETS; THROUGH TRAFFIC AND HIGH IMPACT TRAFFIC. (A) Vehicles with a registered gross weight over 8000 pounds Vehicle License, Class “C” or over, are prohibited from movement upon any streets as outlined in Ch. 77, Sch. VI which is adopted by reference into this chapter and made a part of this chapter; when signs are erected indicating such movement is prohibited except when such movement is necessary to make local delivery. (B) Vehicles or combinations of vehicles over a specified registered gross weight of 8000 pounds are prohibited from movement on certain streets and roads within the city when signs indicating the gross weight are posted at the entrance of said streets and roads. Those roads and weight limits are set forth in Ch. 77, Sch. VI. (C) These weight limitations shall not apply to vehicles of the city, or public utilities, or persons under a contract with the city while in the normal performance of their work. (D) It shall be unlawful for any vehicle that is required to obtain an approval of high impact traffic pursuant to § 150.145(H) of the city code to operate on the streets or roadways of the city. 110 6 L. Section 70.069, entitled “Through Traffic and High Impact Traffic,” is hereby amended in its entirety, so that Section 70.061 shall hereafter be and read as follows: § 70.069 RESERVED. SECTION THREE: Amendments to Chapter 71. Chapter 71, entitled “Traffic Regulations,” of the City Code is hereby amended as follows: A. Section 71.025, entitled “Leaving Scene; Accident; Death or Injury,” is hereby amended in its entirety, so that Section 71.025 shall hereafter be and read as follows: § 71.025 RESERVED B. Section 71.026, entitled “Leaving Scene; Failure to Report; Felony,” is hereby amended in its entirety, so that Section 71.026 shall hereafter be and read as follows: § 71.026 RESERVED C. Section 71.045, entitled “Driving Under Influence Intoxicating Liquor,” is hereby amended in its entirety, so that Section 71.045 shall hereafter be and read as follows: § 71.045 RESERVED D. Section 71.046, entitled “Driving Under Influence of Drugs,” is hereby amended in its entirety, so that Section 71.046 shall hereafter be and read as follows: § 71.046 RESERVED E. Section 71.047, entitled “Suspension of License; Implied Consent,” is hereby amended in its entirety, so that Section 71.047 shall hereafter be and read as follows: 111 7 § 71.047 RESERVED F. Section 71.050, entitled “Drag Racing,” is hereby amended in its entirety, so that Section 71.050 shall hereafter be and read as follows: § 71.050 STREET RACING (A) No person shall engage in street racing on any street or highway of the city. (B) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing. (C) For the purposes of this Section, the following words shall have the meanings ascribed to them: “Acquiesce” or “permit” means actual knowledge that the motor vehicle was to be used for the purpose of street racing. “Street racing” means: (1) The operation of 2 or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or (2) The operation of one or more vehicles over a common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit; or (3) The use of one or more vehicles in an attempt to outgain or outdistance another vehicle; or (4) The use of one or more vehicles to prevent another vehicle from passing; or (5) The use of one or more vehicles to arrive at a given destination ahead of another vehicle or vehicles; or (6) The use of one or more vehicles to test the physical stamina or endurance of drivers over long-distance driving routes. G. Section 71.051, entitled “Negligent Driving,” is hereby amended, so that Section 71.051 shall hereafter be and read as follows: § 71.051 NEGLIGENT DRIVING AND SQUEALING TIRES (A) It shall be unlawful for any person to operate any vehicle upon any street, public alley, public parking lot, beach area or any other public place or public way, negligently or without due caution, in a manner so as to endanger or be likely to endanger any person or property. 112 8 (B) For the purposes of this section, NEGLIGENT as used herein shall mean without due care and caution, or without due regard to the width, grade, curves, corners, traffic, weather and other attendant conditions of streets, highways, roads or other ways used for vehicular traffic within the city limits. (C) No person shall operate any motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such noise from the vehicle's tires due to rapid acceleration or excessive speed around corners or other such reason. This Section shall not apply to the following conditions: 1. an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator; nor 2. the emergency operation of a motor vehicle when avoiding imminent danger; nor 3. any raceway, racing facility or other public event, not part of a highway, sanctioned by the appropriate governmental authority. H. Section 71.066, entitled “Speeding; Over Statutory Limit,” will hereby have its title amended, so that Section 71.066 shall hereafter be and read as follows: § 71.066 SPEEDING; RESIDENTIAL DISTRICTS AND ALLEYS. I. Section 71.094, entitled “Improper Passing; Crest, Curve, Intersection, Railroad Crossing,” will hereby have its title amended, so that Section 71.094 shall hereafter be and read as follows: § 71.094 IMPROPER PASSING; CREST, CURVE, INTERSECTION, RAILROAD CROSSING FURTHER LIMITATIONS ON DRIVING TO THE LEFT OF CENTER OF ROADWAY. J. Section 71.097, entitled “Driving on Roadways Laned For Traffic,” is hereby amended, so that Section 71.097 shall hereafter be and read as follows: § 71.097 DRIVING ON ROADWAYS LANED FOR TRAFFIC; USE OF SHOULDER. Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply. (A) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. 113 9 (B) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices. (C) Official traffic control devices may be erected directing specific traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. On multilane controlled access highways with three or more lanes in one direction, the city may designate lanes of traffic to be used by different types of motor vehicles. (D) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device. (E) Vehicles shall be driven on a roadway, and shall only be driven on the shoulder for the purpose of stopping or accelerating from a stop while merging into traffic. It shall be a violation of this Section if while merging into traffic and while on the shoulder, the vehicle passes any other vehicle on the roadway adjacent to it. (F) This Section shall not apply to any authorized emergency vehicle, to any authorized transit bus, to any farm tractor or implement of husbandry, to any service vehicle while engaged in maintenance of the highway or related work, or to any authorized vehicle within a designated construction zone. K. Section 71.130, entitled “Vehicles Approaching or Entering Intersection,” is hereby amended, so that Section 71.130 shall hereafter be and read as follows: (A) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right. (B) The right-of-way rule declared in division (A) above is modified at through highways and otherwise as stated in this title. (C) The driver of a vehicle approaching the intersection of a highway from a highway which terminates at the intersection, or “T” Intersection, not otherwise regulated by this Title or controlled by traffic control signs or signals, shall stop, yield, and grant the privilege of immediate use of the intersection to another vehicle which has entered the intersection from the non-terminating highway or is approaching the intersection on the non-terminating highway in such proximity as to constitute a hazard and after 114 10 stopping may proceed when the driver may safely enter the intersection without interference or collision with the traffic using the non-terminating highway. L. Section 71.136, entitled “Operation of Vehicles and Streetcars On Approach of Authorized Emergency Vehicle,” is hereby amended, so that Section 71.136 shall hereafter be and read as follows: § 71.136 OPERATION OF VEHICLES AND STREETCARS ON APPROACH OF AUTHORIZED EMERGENCY VEHICLE. (A) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this title or a police vehicle properly and lawfully making use of an audible or visual signal, the driver of every other vehicle on the same roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall stop if possible and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (B) Upon the approach of an authorized emergency vehicle, as stated in division (A) above, the motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (C) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. SECTION FOUR: Amendments to Chapter 72. Chapter 72, entitled “Pedestrians,” of the City Code is hereby amended as follows: A. Section 72.03, entitled “Crossing at Other Than Crosswalks,” is hereby amended, so that Section 72.03 shall hereafter be and read as follows: § 72.03 CROSSING AT OTHER THAN CROSSWALKS. (A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (B) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (C) Between adjacent intersections at which traffic control signals are in operation pedestrians shall not cross at any place except in a marked 115 11 crosswalk. (D) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, whom authorized to cross diagonally, pedestrians shall cross only in the official traffic control devices in accordance with the official traffic control devices pertaining to such crossing movements. (e) Pedestrians with disabilities may cross a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk where the intersection is physically inaccessible to them but they shall yield the right-of-way to all vehicles upon the roadway. B. Section 72.04, entitled “Drivers to Avoid Colliding With Pedestrians,” is hereby amended in its entirety, so that Section 72.04 shall hereafter be and read as follows: § 72.04 DRIVERS TO AVOID COLLIDING WITH PEDESTRIANS. Notwithstanding other provisions of this Title or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person. C. Section 72.05, entitled “Blind Pedestrian Right of Way,” is hereby amended in its entirety, so that Section 72.05 shall hereafter be and read as follows: § 72.05 BLIND PEDESTRIAN PEDESTRIANS WITH DISABILITIES RIGHT-OF-WAY. The driver of a vehicle shall yield the right-of-way to any pedestrian with clearly visible disabilities. D. Section 72.07, entitled “Soliciting Rides on Roadway,” is hereby amended, so that Section 72.07 shall hereafter be and read as follows: § 72.07 SOLICITING RIDES ON ROADWAY. (A) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle. (B) No person shall stand on a highway for the purpose of soliciting employment or business from the occupant of any vehicle. (C) No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle except when 116 12 expressly permitted by ordinance. The city shall determine by ordinance where and when solicitations may take place based on the safety of the solicitors and the safety of motorists. The decision shall also take into account the orderly flow of traffic and may not allow interference with the operation of official traffic control devices. The soliciting agency shall be: 1. registered with the Attorney General as a charitable organization as provided by “An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor”, approved July 26, 1963, as amended; 2. engaged in a Statewide fund raising activity; and 3. liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent. Any person engaged in the act of solicitation shall be 16 years of age or more and shall be wearing a high visibility vest. (D) No person shall stand on or in the proximity of a highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a highway. E. Section 72.08, entitled “Improper Walking on Highways (Includes Intoxicated Person),” will hereby have its title amended, so that Section 72.08 shall hereafter be and read as follows: § 72.08 IMPROPER WALKING ON HIGHWAYS (INCLUDES INTOXICATED PERSON). SECTION FIVE: Amendments to Chapter 73. Chapter 73, entitled “Stopping, Standing, and Parking,” of the City Code is hereby amended as follows: A. Section 73.21, entitled “Handicapped Persons,” is hereby amended in its entirety, so that Section 73.21 shall hereafter be and read as follows: § 73.21 HANDICAPPED PERSONS WITH DISABILITIES PARKING. (A) It shall be prohibited to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, by the Illinois Vehicle Code or to a disabled veteran, as defined by the Illinois Vehicle Code, as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran, in any parking place, including any private or public offstreet parking facility, 117 13 specifically reserved, by the posting of an official sign as designated, for motor vehicles displaying such registration plates. It shall be prohibited to park any motor vehicle in a designated access aisle adjacent to any parking place specifically reserved for persons with disabilities, by the posting of an official sign as designated under State law, for motor vehicles displaying such registration plates. When using the parking privileges for persons with disabilities, the parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this Section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a parking decal or device containing the International symbol of access issued to persons with disabilities by any local authority, state, district, territory or foreign country shall be recognized by the city as a valid license plate or device and receive the same parking privileges as residents of this city. (A-1) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Sections 3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under Section 3-609 of the Illinois Vehicle Code is in violation of this Section if (i) the person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location and (ii) the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this Code. (A-2) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under Section 3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under Section 3- 609 of the Illinois Vehicle Code is in violation of this Section if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device under this Code. (B) Any person or local authority owning or operating any public or private offstreet parking facility may, after notifying the police or sheriff's department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by a person with disabilities which does not display person with 118 14 disabilities registration plates or a special decal or device as required under this Section. (C) Any person found guilty of violating the provisions of subsection (a) shall be fined $250 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this Section. It shall not be a defense to a charge under this Section that either the sign posted pursuant to this Section or the intended accessible parking place does not comply with the technical requirements of Section 11-301 of the Illinois Vehicle Code or local ordinance if a reasonable person would be made aware by the sign or notice on or near the parking place that the place is reserved for a person with disabilities. (C-1) Any person found guilty of violating the provisions of subsection (a- 1) a first time shall be fined $600. Any person found guilty of violating subsection (a-1) a second or subsequent time shall be fined $1,000. Any person who violates subsection (a-2) shall be fined $2,500. The city clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this Section, including any person placed on court supervision for violating this Section, to the law enforcement agency that issued the citation. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally. (D) As used in this Section, "authorized holder" means an individual issued a disability license plate under Section 3-616 of the Illinois Vehicle Code, an individual issued a parking decal or device under Section 11- 1301.2 of the Illinois Vehicle Code, or an individual issued a disabled veteran's license plate under Section 3-609 of the Illinois Vehicle Code. (E) Any police officer may seize the parking decal or device from any person who commits a violation of this Section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this Section. 119 15 (F) A motor vehicle bearing registration plates issued to a physically handicapped person pursuant to § 3-616 or to a disabled veteran pursuant to § 3-609 of the Illinois Vehicle Code, effective July 1, 1970, as amended, a holder of a permit issued by a state or municipality, is exempt from any statute or ordinance imposing time limitations on parking in a business district; but otherwise is subject to the laws which prohibit parking in “no stopping” and “no standing” zones in front of or near fire hydrants, driveways, public building entrances and exits, bus stops and loading areas, and is prohibited from parking where the motor vehicle constitutes a traffic hazard and the motor vehicle must be moved at the instruction and request of a law enforcement officer. Parking privileges granted by this section are strictly limited to the person to whom the special registration plates were issued or who display a permit issued by the city and to qualified operators acting under his or her express direction while the disabled person is present. B. Subsection G of Section 73.22, entitled “Impounding and Removal of Vehicles,” will hereby be amended, so that Subsection G of Section 73.22 shall hereafter be and read as follows: § 73.22 IMPOUNDING AND REMOVAL OF VEHICLES. … (G) Causes for removal. Any police officer is hereby additionally authorized to remove or cause to be removed any vehicle found upon a highway when: (1) Report has been made that such vehicle has been stolen or taken without the consent of its owner; (2) The person or persons in charge of such vehicle are unable to provide for its custody or removal; or (3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay which restricts the person’s authority to control the vehicle or in which the vehicle or its contents may be of evidenciary value. C. Section 73.46, entitled “Parking at Boat Launching Ramp,” is hereby be amended, so that Section 72.46 shall hereafter be and read as follows: § 73.46 PARKING AT BOAT LAUNCHING RAMP. 120 16 When signs are properly erected giving notice thereof, no person shall drive or park a motor vehicle on or in the parking area adjoining the Forest Park Boat Ramp and the driveway leading thereto, commonly known as the “Boat Ramp Lot,” except when a valid boat launching or fishing permit is permanently displayed and affixed on the rear window. D. Section 73.47, entitled “Prohibited Truck Parking,” is hereby amended, so that Section 73.47 shall hereafter be and read as follows: § 73.47 PROHIBITED TRUCK PARKING. No person shall park a truck at any time upon any street or area where official signs are erected giving notice that truck parking is prohibited. For the purpose of this section, a TRUCK is defined as any commercial motor vehicle designed, used or maintained primarily for the transportation and delivery of property or poultry or other farm animals. E. Subsection A of Section 73.50, entitled “Vehicle Immobilization,” is hereby amended, so that Subsection A of Section 73.50 shall hereafter be and read as follows: § 73.50 VEHICLE IMMOBILIZATION. (A) Authorization. The Police Department of the city is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the parking regulations of this subchapter. Any police officer of the city Any police department employee authorized by the Chief of Police is hereby authorized to cause the immobilization, by placement of a restraint in such a manner as to prevent its operation, of any vehicle parked upon any public street or way or upon any other city-owned property, that is eligible for immobilization and that has been included on the vehicle immobilization list pursuant to this section. F. Subsections A and (B)7 of Section 73.99, entitled “Penalty,” is hereby amended, so that Subsections A and (B)7 of Section 73.99 shall hereafter be and read as follows: § 73.99 Penalty (A) Unless otherwise set forth in the schedule of fees adopted from time-to-time by the City Council, the penalties and fines set forth in this Section shall apply. Any person violating this title for which no specific penalty is prescribed shall be subject to § 10.99. ... (B) (7) Payment address. All payments pursuant to this division (B) shall be made at the Municipal Services Public Safety Building, 255 W. Deerpath, Lake Forest, Illinois. 121 17 SECTION SIX: Amendments to Chapter 74. Chapter 74, entitled “Vehicle Equipment” of the City Code is hereby amended as follows: A. Subsection C of Section 74.028, entitled “Oscillating, Rotating or Flashing Lights on Motor Vehicles,” is hereby amended, so that Subsection C of Section 74.028 shall hereafter be and read as follows: § 74.028 OSCILLATING, ROTATING OR FLASHING LIGHTS ON MOTOR VEHICLES. … (C) Blue oscillating, rotating or flashing lights whether lighted or unlighted, are prohibited except on: (1) The front, or any part from the back of the front seat forward to the windshield, and said light may be permanently or temporarily mounted and covered or uncovered, of any motor vehicle owned or fully operated by a volunteer firefighter, paid firefighter, part-paid firefighter or on call firefighter, such lights to be used only while responding to a fire call or other Fire Department emergency, or the vehicle of any volunteer, paid or unpaid or an call, member of a rescue squad responding to a rescue squad emergency or, if the Fire Department or a civil defense emergency medical services unit operates a rescue squad, its members on the way to an emergency call; and (2) Vehicles of rescue squads when on the way to an emergency call. (3) Law enforcement vehicles of State or local authorities when used in combination with red oscillating, rotating, or flashing lights. B. Section 74.094, entitled “Headset Receivers,” is hereby amended, so that Section 74.094 shall hereafter be and read as follows: § 74.094 HEADSET RECEIVERS. (A) No driver of a motor vehicle on the highways of this state shall wear headset receivers while driving. (B) This section does not prohibit the use of a headset type receiving equipment used exclusively for safety or traffic engineering studies or by law enforcement personnel on duty. This Section does not prohibit the use of a headset type receiving equipment used exclusively for safety or traffic engineering studies, by law enforcement personnel on duty, or emergency medical services and fire service personnel. 122 18 (C) This Section does not prohibit the use of any single sided headset type receiving and transmitting equipment designed to be used in or on one ear which is used exclusively for providing two- way radio vocal communications by an individual in possession of a current and valid novice class or higher amateur radio license issued by the Federal Communications Commission and an amateur radio operator special registration plate issued under Section 3-607 of this Code. (D) This Section does not prohibit the use of a single-sided headset or earpiece with a cellular or other mobile telephone. C. Section 74.176, entitled “Operation of a Motor Vehicle,” will hereby have its title amended, so that Section 74.176 shall hereafter be and read as follows: § 74.176 OPERATION OF A MOTOR VEHICLE VEHICLES REQUIRING CITY LICENSE. D. Section 74.180, entitled “Time of Payment; License Year,” is hereby be amended, so that Section 74.180 shall hereafter be and read as follows: § 74.180 TIME OF PAYMENT; LICENSE YEAR. Such license fees or taxes shall be due and payable annually in advance of May 1 of each year, and the license shall be for one year; provided that the owners of such vehicle coming into possession of the same after the expiration of six months of the license year shall pay one-half of the lesser annual fee, set out herein, if paid within 30 days of the date of coming into possession of each vehicle, or one-half of the larger fee, set out herein, if paid more than 30 days after coming into possession. For licenses issued between April 1 of one year 2003 of one year and before the 12-month period beginning May 1 the following year 2004, such licenses shall be deemed to expire on April 30, 2004, notwithstanding any other provision of the city code or other license provision to the contrary. E. Section 74.181, entitled “License,” is hereby be amended, so that Section 74.181 shall hereafter be and read as follows: § 74.181 LICENSE. Every owner or operator of a motor vehicle, except auto dealers, who procures such license shall receive at the time of payment of the fee a city license, label, sticker or tag without extra charge therefor; such label, sticker or tag shall be numbered serially and bear the number and year for which issued. 123 19 F. Section 74.183, entitled “Dealers License Fee,” is hereby amended in its entirety, so that Section 74.183 shall hereafter be and read as follows: § 74.183 RESERVED G. Section 74.186, entitled “Use of Fund,” is hereby be amended, so that Section 74.186 shall hereafter be and read as follows: § 74.186 USE OF FUND. All revenues derived from such license fees shall be kept as a separated deposited in the General fund and used for the purpose of improving, paving, repairing or maintaining the streets and other public roadways within the city. H. Section 74.99, entitled “Penalty,” is hereby amended, so that Section 74.99 shall hereafter be and read as follows: § 74.99 Penalty (A) Unless otherwise set forth in the schedule of fees adopted from time-to-time by the City Council, the penalties and fines set forth in this Section shall apply. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 70.999. … (B) (2) Payment address. All payments pursuant to this division (B) shall be made at the Municipal Services Public Safety Building, 255 W. Deerpath, Lake Forest, Illinois. SECTION SEVEN: Amendments to Chapter 75. Chapter 75, entitled “Bicycles” of the City Code is hereby amended as follows: A. Subsections D and F of Section 75.05, entitled “Operation of Bicycles,” is hereby amended, so that Subsections D and F of Section 75.05 shall hereafter be and read as follows: § 75.05 OPERATION OF BICYCLES (D) Riding on sidewalks. (1) Only a duly licensed motor vehicle operator with a valid motor vehicle operators license in their possession may operate a bicycle upon the streets in the central business district between 8:00 a.m. and 6:00 124 20 p.m., such district to include all streets and public ways within the area bounded by, and including, the streets of Illinois Road on the south, Wisconsin Avenue on the north, Oakwood Avenue on the west, Western Avenue on the east, and the length of Western Avenue extending from Westminster Avenue north to Woodland Road. In such business district area and during normal business hours, such business hours to be 8:00 a.m. to 9:00 p.m., bicycles operating on the sidewalk shall be walked only, in a dismounted manner by those operators of bicycles. Bicycles may be ridden on the sidewalks in the business district during those times not specified above by those operators who are not duly licensed motor vehicle operators. (2) Bicycles may be operated on sidewalks in public parks. (3) Due and proper care shall at all times be exercised by the bicycle operator for the pedestrian(s). Under all circumstances, bicycle operators riding or walking their bicycles, shall yield the right-of-way to pedestrians using a sidewalk or path. When approaching a pedestrian(s) on the sidewalk, an audible signal shall be given at least 25 feet distance from the pedestrian(s), and the speed of the bicycle shall be reduced to a momentum which is no greater than necessary to continue operation of the bicycle without the rider dismounting, and shall not be increased until the pedestrian(s) has been passed. … (F) Riding in a group. When more than two persons in a group are operating bicycles on a street or roadway, they shall ride single file and it shall be unlawful for them to ride abreast of each other. Riding in group Persons riding bicycles or motorized pedal cycles upon a roadway shall not ride more than 2 abreast, except on paths or parts of roadways set aside for their exclusive use. Persons riding 2 abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. B. Section 75.13, entitled “Enforcement,” is hereby amended, so that Section 75.13 shall hereafter be and read as follows: § 75.13 ENFORCEMENT The Police Department shall enforce the provisions of this chapter. The Chief of Police, with the City Council’s approval, may appoint bicycle safety patrol personnel, the number and compensation of which shall be established by the City Council. Bicycle safety patrol personnel and shall have the authority to enforce the bicycle safety regulations of the this chapter as set forth in said code or hereafter amended by the issuance of written warning notices. SECTION EIGHT: Amendments to Chapter 77. Chapter 77, entitled “Traffic Schedules” of the City Code is hereby amended as follows: 125 21 [PLACEHOLDER] SECTION NINE: Amendments to Chapter 78. Chapter 78, entitled “parking and Loading Schedules” of the City Code is hereby amended as follows: [PLACEHOLDER] SECTION TEN: 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 _____, 2016 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2016 Mayor ATTEST: Deputy City Clerk 126 22 127