CITY COUNCIL 2016/04/18 AgendaTHE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, April 18, 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 immediately following the Finance Committee Meeting
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. City Staff Retirement Announcement
B. Resolution of Appreciation for Library Employee, Kaye Grabbe
A copy of the Resolution can be found on page 20.
COUNCIL ACTION: Approve the Resolution
C. Resolution of Appreciation for Firefighter Paramedic, Eric Podowski
A copy of the Resolution can be found on page 21.
COUNCIL ACTION: Approve the Resolution
D. Proclamation of Historic Preservation Month presentation to the Lake Forest
Preservation Foundation
A copy of the Proclamation can be found on page 22.
2. COMMENTS BY CITY MANAGER
A. Community Spotlight
Lake Forest Preservation Foundation
- Arthur Miller- President
B. Economic Development Update
Economic Development Coordinator, Susan Kelsey
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Monday, April 18, 2016 City Council Agenda
3. COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
1. GFOA CAFR Award
PRESENTED BY: George Pandaleon, Finance Committee Chairman
The City recently received notification that it has once again been awarded the
Government Finance Officers Association Certificate of Achievement for Excellence in
Financial Reporting for its FY15 comprehensive annual financial report. The Certificate of
Achievement is the highest form of recognition in the area of governmental accounting
and financial reporting, and its attainment is a significant accomplishment by a
government and its management.
In a GFOA news release, Stephen Gauthier states that “The City’s CAFR has been judged
by an impartial panel to meet the high standards of the program including
demonstrating a constructive spirit of full disclosure to clearly communicate its financial
story and motivate potential users and user groups to read the CAFR.”
The GFOA is a nonprofit professional association serving 17,500 government finance
professionals in the United States and Canada. The City has received this prestigious
award for the 37th consecutive year.
In addition to the Certificate of Achievement, an Award of Financial Reporting
Achievement is presented by the GFOA to the individual designated as instrumental in
their government unit’s achievement of the Certificate. This award is presented to Diane
Hall, Assistant Finance Director, who serves as the primary liaison to the City’s
independent audit firm, coordinating the annual audit process and preparation of the
City’s CAFR.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the April 4, 2016 City Council Meeting Minutes
A copy of the minutes begins on page 24.
2. Approval of a Resolution Reallocating 2016 Volume Cap to the Village of
Buffalo Grove, Illinois
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
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Monday, April 18, 2016 City Council Agenda
PURPOSE AND ACTION REQUESTED: Staff requests approval of a resolution reallocating the
City’s 2016 private activity bond volume cap to the Village of Buffalo Grove, Illinois for the
private activity bond clearinghouse (PABC) pool.
BACKGROUND/DISCUSSION: The Federal Tax Reform Act of 1986 imposes a limit on the
aggregate amount of “tax exempt private activity” bonds (also known as volume cap)
that can be issued by a State. Pursuant to these federal regulations, the State of Illinois
has developed a formula by which the State ceiling is allocated among governmental
units in the State having authority to issue such bonds.
The Illinois Private Activity Bond Allocation Act provides that a home rule unit of
government is allocated an amount equal to $100 multiplied by its estimated population,
which for Lake Forest in calendar year 2016 is $1,937,900 (19,379 x $100). By May 1, 2016,
the City must take action to grant, reserve or transfer its allocation, or the amount is
reserved by the Governor’s Office for a pool. The City may transfer its allocation to any
other home rule unit of government, the State of Illinois or any agency of the State.
This year, the City has received one request to transfer its volume cap, as follows:
Organization Proposed Use Amount of Transfer Fee
Village of Buffalo Grove
(Lake County Partners)
Private Activity Bond
Clearinghouse
0.5% or $9,690.00*
* Paid upon issuance of bonds utilizing the allocated volume cap
Home rule units are not prohibited from charging a fee for transferring their cap. In prior
years when economic conditions were more favorable, home rule units were able to
induce developers to pay a higher transfer fee than that offered by Lake County
Partners. In recent years, however, fewer developers have sought the volume cap due
to low interest rates and declines in development activity.
Because the volume cap amount for most municipalities is too small to assist with eligible
projects, Lake County Partners created the Clearinghouse in 2000 as a way for Lake
County communities to pool their cap and make best use of the allocation locally. Lake
County Partners reports that in the past several years, they have seen little activity in the
private activity bond market. Since its inception, the clearinghouse has funded nearly
$200 million in local projects, including the construction of 360,000 square feet of new
manufacturing space, creation of 648 new manufacturing jobs, renovation of 1,600 multi-
family dwelling units, purchase of an estimated 251 homes by “first-time homebuyers”,
expansion of a Montessori School, and construction of a new solid waste disposal “cell”.
This is the 11th year under home rule status that the City has been allocated volume cap.
The City has transferred its volume cap to Buffalo Grove for the past nine years. To date,
fee income of $8,574.78 has been received.
BUDGET/FISCAL IMPACT: Upon issuance of bonds utilizing the City’s volume cap, a transfer
fee payment of .5% would be due to the City. Should the entire 2016 allocation be
utilized by the pool, the City would receive $9,690.00.
COUNCIL ACTION: Approval of a Resolution (page 35) Reallocating 2016 Volume Cap to
the Village of Buffalo Grove, Illinois.
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3. Approval to renew agreement for financial and land parcel management
system software maintenance and licensing for FY2017.
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-710-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval to renew a one (1) year
agreement with FIS /Sungard / HTE software which includes maintenance services and
licensing.
BACKGROUND/DISCUSSION: The FIS / Sungard / HTE Company has been providing The
City of Lake Forest services for a financial and land parcel management system since
1998. This system is one of the largest software systems to support City operations. It
encompasses financial, payroll, purchasing, general ledger, budget, water billing, online
water billing payments, accounts receivable, fixed assets, parcel management, code
enforcement, building permits and land management planning and zoning.
BUDGET/FISCAL IMPACT: On March 15, 2016, staff received the following quote from FIS
/Sungard / HTE:
FY2017 Funding
Source Account Number Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
IT Operating 101-1315-415-43-37 $67,454 $67,636 Y
The proposed fee represents a $1,921 (3%) increase over the costs for FY2016. The $182
over the budgeted amount will be offset by savings in other FY2017 IT operating
purchases.
COUNCIL ACTION: If desired and appropriate by the City Council, waive the bid process
and approve a one (1) year maintenance agreement with FIS/ Sungard / HTE for
software support and licensing of the City’s financial and parcel management system
based on the sole source vendor quote.
4. Approval of an agreement with BB&T Corporation for Electronic Lockbox
Services and Designation of First Merit Bank as an authorized depository
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval of an agreement with BB&T
Corporation for electronic lockbox services and designation of First Merit Bank as an
authorized depository for City funds.
BACKGROUND/DISCUSSION:
AR-Box is an electronic payment processing service that intercepts checks processed by
online banking services made payable to the City (see page 37). Similar to a traditional
lockbox service utilized by the City, AR-Box provides an electronic file that is uploaded to
the City’s financial system software, eliminating manual entry of payments by staff.
Currently, the City receives approximately 200 such checks per month, but this continues
to grow as online banking becomes more commonplace.
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Monday, April 18, 2016 City Council Agenda
In addition to improving the efficiency of posting payments received in this manner, AR-
Box reduces the total time between payment initiation by the resident and posting of the
payment in the City’s system. Currently, the time ranges from 7-10 days, while AR-Box
can reduce this to 2-3 days, improving customer service to residents.
The City’s current banking services provider (Lake Forest Bank & Trust) provides an
electronic lockbox service, but the AR-Box solution offered by First Merit and BB&T is a
more efficient and lower cost alternative. The cost proposed for AR-Box is $.10 per item
with no initial set up or monthly maintenance fees. The service is used by Grayslake,
Gurnee, Round Lake Beach, Highland Park, and Lake County. References were positive.
Communities contacted that were using other solutions were paying higher fees than
those proposed.
To facilitate the deposit of funds captured via AR-Box, First Merit requires an account at
the bank. Staff would establish this as a depository/savings account. No formal banking
services agreement is required, as the City does not anticipate any other banking
services provided by First Merit and collateralization of deposits will not be required
because the account balance will not exceed FDIC insurable limits. Authorized signers
on the account with the authority to establish the account, make transfers and
administer the AR-Box service are the following:
Robert Kiely – City Manager
Elizabeth Holleb – Finance Director
Diane Hall – Assistant Finance Director
BUDGET/FISCAL IMPACT: The City will incur charges of approximately $20 per month
based on current volumes.
COUNCIL ACTION: It is recommended that the City Council approve the proposed
agreement (page 40) with BB&T Corporation for electronic lockbox services and
designate First Merit Bank as an authorized depository for City funds.
5. Approval to Execute the Procurement Contract to the Water Plant
Membrane Manufacturer
STAFF CONTACT: Dan Martin, Superintendent of Public Works (810-3561)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval to execute
the procurement contract with GE Water and Process Technologies (GE), the water plant
membrane filter manufacturer that was approved by City Council at the February 1, 2016
City Council meeting.
At the February City Council meeting it was stated that staff would be returning to City
Council in early FY 2017 for approval of the procurement contract with GE in the amount
of $250,000. Staff is making an earlier request for approval due to GE already having
submitted to the City the signed procurement agreements, bonds, and insurance
certificates as required in the general conditions of the contract. The City Attorney and
staff have reviewed the documents for correctness. Approval to execute the
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Monday, April 18, 2016 City Council Agenda
procurement contract with GE will better position GE to begin the membrane system
piloting in May as opposed to waiting until June, 2016.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee January 27, 2016 Reviewed & Approved
Membrane Manufacturer,
Design Capacity, and Design
Services Agreement
City Council February 1, 2016 Reviewed & Approved
Membrane Manufacturer,
Design Services Agreement
BACKGROUND/DISCUSSION: At the February 1, 2016 City Council meeting the following
water plant project items were presented by the Public Works Committee Chairman and
approved by City Council: (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,
and (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. Beginning on page 46 of this agenda packet is a copy
of the February 1, 2016 City Council write up presented to the City Council.
Staff’s request to execute the procurement contract with GE for the membrane system
piloting to begin in May 2016 (FY2017), will be beneficial for the membrane design
process and the water plant operations. The membrane system piloting process is
estimated to take at least four months to conduct. By beginning the pilot sooner, it will
allow more time for the design engineer to interpret and analyze the data and continue
with the design process. In addition, having the membrane piloting equipment delivered,
installed, and running prior to June will have less of an impact on plant operations, when
seasonal pumpage is ramping up.
BUDGET/FISCAL IMPACT: As previously noted, City Council approved utilizing the GE
membrane filters and filtering equipment for a 14MGD plant capacity at their February 1,
2016 City Council meeting. The total cost for the GE membrane system is $2,398,000. This
evenings request for $250,000 to be expensed in fiscal year 2017 is for the membrane
piloting process and GE’s design effort over the coming twelve months. The remaining
$2,148,000 will be expensed during the construction phases in fiscal years 2018 and 2019.
The total construction cost, to include the GE membrane system, is currently estimated at
$9,750,000.
FY2017 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Water Fund $260,000 $250,000 Y
COUNCIL ACTION: Based upon the review and approval of the procurement contract
by the City Attorney, authorize the execution of the contract and FY2017 payment to GE
Water & Process Technologies in the amount of $250,000.
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Monday, April 18, 2016 City Council Agenda
6. Authorization to Proceed with the Fiscal Year 2017 Asphalt Patching,
Resurfacing, and Concrete Street Repair Projects Prior to May 1, 2016
STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to begin all
three FY ’17 capital street repair projects prior to May 1, 2016.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Finance Committee November 19, 2015 Reviewed & Approved
Finance Committee January 9, 2016 Reviewed & Approved
City Council March 7, 2016 Approved
BACKGROUND/DISCUSSION: At the March 7, 2016 City Council meeting, City Council
approved three street capital improvement projects for fiscal year 2017. The projects
were formally bid and staff recommendations were provided. In addition to approving
the three street contracts, City Council also approved an agreement with Infrastructure
Management Services (IMS hereafter) to perform a comprehensive pavement
management study after all street work was completed this summer.
It is staff’s goal to have IMS’ comprehensive analysis completed and results provided to
the City no later than early to mid-September, 2016. This will allow Engineering staff time
to review the data, develop a recommended list of streets to be resurfaced in FY ’18, and
have all material prepared for the November budget meeting. IMS performs identical
studies in many municipalities throughout Chicagoland and across the country. In
speaking with representatives from IMS, they indicated that in order to complete and
submit their report by early September, 2016, they need to perform their roadway analysis
in the early summer months. In order for that to occur, the three street capital projects
need to begin immediately. With City Council’s approval this evening, both the overlay
and patching projects will begin April 19, 2016; staff anticipates the asphalt patching
project will be completed by April 30th. The concrete street repair project is currently
scheduled to begin on April 25, 2016.
BUDGET/FISCAL IMPACT: If approved by City Council this evening, a portion of two of the
contracts and the entire amount of the third contract would be approved as a non-
budgeted F.Y. ’16 expenditure and if needed, would be included in the year-end
supplemental appropriation ordinance. The FY ’17 CIP identifies $1,565,000 budgeted for
these three projects. Staff estimates that approximately $458,000 worth of work would be
completed through the end of F.Y.’16; this would therefore be considered an advance
and reduce the F.Y.’17 capital budget by that amount. The F.Y.’17 capital budget
available for these three contracts would be reduced from $1,565,000 to $1,107,000
based on the current five-year forecast.
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Monday, April 18, 2016 City Council Agenda
FY2016 Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
Capital
Improvement Fund-
Asphalt Resurfacing
311-0050-417-67-11 $0 $280,000 N
Capital
Improvement Fund-
Asphalt Patching
311-0050-431-35-44 $0 $100,000 N
Streets Operating
Budget-Asphalt
Patching
101-5132-431-51-11 $0 $40,000 N
Capital
Improvement Fund-
Concrete Street
311-0050-417-67-41 $0 $38,000 N
COUNCIL ACTION: Approval to proceed with the asphalt resurfacing, asphalt patching,
and concrete street repair projects in FY ’16. In addition, staff requests City Council
approve the estimated $458,000 to be spent on these three projects as an advance
against the F.Y.’17 CIP allocation, with a F.Y.’16 supplemental appropriation being
submitted at a later date if necessary.
7. Consideration of Ordinances Approving Recommendations from the
Building Review Board. (First Reading and if Desired by the City Council,
Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Building Review Board are presented to the City
Council for consideration as part of the Omnibus Agenda.
682 Oakwood Avenue - The Building Review Board recommended approval of the demolition
of the existing residence and approval of a replacement residence, repairs and alterations to
the existing garage, and approval of the associated landscape plan. One neighbor spoke in
support of the project and requested that gutters be installed on the garage to direct drainage
away from his property. The petitioner agreed to this request. (Board vote: 5-0, approved)
810 Green Briar Lane - The Building Review Board recommended approval of removal of the
existing garage and approval of a two story addition and the addition of a replacement three
car garage. The Board recognized the limitations on the property due to the siting of the
original house and the location on a corner lot which results in greater setbacks. No public
testimony was presented. (Board vote: 3-2, approved) The Board members voting in
opposition to the petition expressed concern about the overall length of the house. The
petitioner made some further revisions to the plan, as discussed by the Board, stepping back
the new elements to help mitigate the perceived length of the house with the additions.
The Ordinances approving the petitions as recommended by the Building Review Board, with
key exhibits attached, are included in the Council packet beginning on page 49. The
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Monday, April 18, 2016 City Council Agenda
Ordinances, complete with all exhibits, are available for review in the Community
Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Building Review Board’s recommendations.
8. Consideration of an Ordinance Approving a Recommendation from the
Historic Preservation Commission. (First Reading and if Desired by the City
Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Historic Preservation Commission is presented to the
City Council for consideration as part of the Omnibus Agenda.
460 Washington Road - The Historic Preservation Commission recommended approval of the
removal of a small mudroom, a replacement one-story addition and the associated building
scale variance. The 92 square foot addition will accommodate a small expansion of the
kitchen and a new mudroom. The proposed addition will meet the property owners’ needs
and support their continued efforts to preserve and enhance the historic residence. No public
testimony was presented to the Commission. (Commission vote: 7 - 0, approved)
The ordinance approving the petition with conditions of approval as recommended by the
Historic Preservation Commission, with key exhibits attached, is included in the Council’s packet
beginning on page 68. The Ordinance with complete exhibits is available for review in the
Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinance approving the petition in accordance
with the Historic Preservation Commission’s recommendation.
9. Consideration of Ordinances Approving Recommendations from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Zoning Board of Appeals are presented to the City
Council for consideration as part of the Omnibus Agenda.
682 Oakwood Avenue – The Zoning Board of Appeals recommended approval of a variance
from the front yard setback to allow a new house to be sited in conformance with the existing
house which is proposed for demolition and consistent with the overall development pattern in
the established neighborhood. The Board recognized that the proposed location of the new
house, with the open porch at the front of the house, will provide an appropriate transition
along the streetscape between the older home to the south and the new home to the north.
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Monday, April 18, 2016 City Council Agenda
One neighbor spoke in support of the project stating that the siting of the house, with an
encroachment into the front yard setback, will relate well to his home. No public testimony was
presented to the Board on this petition. (Board vote: 4 - 1, approved) The Board member
voting in opposition to the motion stated support for siting the new home further back on the
site.
The Building Review Board also considered this petition and recommended approval.
460 Washington Road – The Zoning Board of Appeals recommended approval of a variance
from lot-in-depth setback requirements to allow construction of a one-story addition generally
in the footprint of the existing mudroom which will be removed. This residence was originally
built as a summer cottage in the 1930’s, prior to the establishment of the lot-in-depth setback
requirements. The existing house is nonconforming and the proposed addition will not exceed
the extent of encroachment of the existing house. No public testimony was presented to the
Board on this petition. (Board vote: 6 - 0, approved)
The Historic Preservation Commission also considered this petition and recommended
approval.
The Ordinances approving the petitions as recommended by the Zoning Board of Appeals,
with key exhibits; are included in the Council packet beginning on page 79. The Ordinances,
complete with all exhibits, are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Zoning Board of Appeals’ recommendations.
COUNCIL ACTION: Approve the nine (9) Omnibus items.
6. ORDINANCES
1. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code,
Creation of a New Class, and Number of Licenses, Section 111.037. (Final
approval)
PRESENTED BY: Victor Filippini, City Attorney
STAFF CONTACT: Margaret Boyer, Deputy City Clerk, 847-810-3674
PURPOSE AND ACTION REQUESTED: At the direction of the City’s Liquor Commissioner, an
Ordinance amending the Liquor Code to include a new Class, C-4 license and make
available one C-4 License and one C-3 License is presented for Council consideration.
BACKGROUND AND DISCUSSION: As the Council is aware, the City received a new
application for an annual liquor license. The request was from Coffee House Holdings, Inc.
d/b/a Starbucks located at, 672 Western Ave. Lake Forest, IL 60045.
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Monday, April 18, 2016 City Council Agenda
Formerly the request was for a for a class C-1 license that authorizes the retail sale of
alcoholic liquor for consumption on the premises of a restaurant only and served indoors,
with or without a meal and a Class C-3 licenses, which shall permit the holder of any C-1
or C-2 licensee to provide alcoholic liquor service outdoors. While Coffee House holding
stated that the purpose for the license would be for beer and wine only, the classification
allowed for the sale of any alcoholic beverage.
In 2013 the City reviewed and updated its liquor code to include at the time only current
licensees, in the current classifications. The table below shows the classifications and
licensees. Since there is not a classification that allows for beer and wine only, the City
Attorney was directed to draft an Ordinance that would create a new class C-4 license
limiting the retail sale of alcoholic liquor to beer and wine only, for consumption on the
premises of a restaurant only and served indoors, with or without a meal and minor
clarification of the Class C-3 to include licensees who have a “C” Class license.
A table showing the current number of authorized licenses and licensees along with
definitions of the Class can be found beginning on page 97. It is important to note that
without further action of the City Council, the maximum number if license in any class
shall be automatically reduced by one upon the expiration, revocation or non-renewal
of an existing license in any such license class.
Also included on page 104 is a memo from Todd Nahigian, CROYA Manager, highlighting
youth feedback on whether Lake Forest Starbucks should serve beer or wine.
The Council’s approval on February 16, 2016 did not issue the liquor license, but instead,
changed the number of licenses available for issuance upon the final approval of the
Liquor Commissioner and any additional conditions to be met. The Class C-1 request has
been withdrawn. The ordinance amending the Liquor Code authorizing an additional
classification, C-4 noted above and further clarification of C-3 can be found beginning
on page 106.
As the Council is aware, the issuance of liquor licenses is under the purview of the City’s
Liquor Commissioner and the Mayor serves in that role. However, the City Code only
authorizes a specific number of liquor licenses and historically, this number coincides with
the current number of licenses issued. When new requests for liquor licenses are
submitted, and after review by the Liquor Commissioner and a determination that the
Issuance of a license is appropriate, the City Council is asked to consider an amendment
to the Liquor Code.
COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest
Liquor Code, Creation of a New Class, and Number of Licenses, Section 111.037. (Final
Approval)
2. Consideration of a Recommendation from the Plan Commission in Support of
the Final Plat and the Associated Special Use Permit for the Westleigh Farm
Planned Preservation Subdivision Proposed for the Southwest Corner of Route 60
and Ridge Road. (If desired by the Council, Waive First Reading and Grant
Final Approval of the Ordinance.)
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Monday, April 18, 2016 City Council Agenda
PRESENTED BY: Catherine Czerniak,
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: Council consideration of the final plat of subdivision
and the associated Special Use Permit for the proposed 34-lot Westleigh Farm Planned
Preservation Subdivision is requested.
BACKGROUND/DISCUSSION: On July 20, 2015, the City Council granted tentative
approval of the Westleigh Farm Subdivision. The subdivision is proposed on a 47 acre
parcel which has been in the ownership of the Reilly Family for many decades. The
property is located south of Route 60 and west of Ridge Road and was in agriculture use
until just a few years ago. A single family house and several outbuildings are located on
the property; some of these structures are planned for restoration and adaptive reuse as
part of the development.
Thirty-three new lots are proposed along with one additional lot which will be configured
to support the existing residence which is planned for restoration and renovation. The
new building lots range in size from about a third of an acre to just over an acre. Larger
lots are proposed at the south end of the development, smaller lots on the northern half.
The smaller lots ring a central open area which will be landscaped with low maintenance
plantings and used for passive recreation. Ultimately, trail connections to the Lake Forest
Open Lands’ property to the south are planned.
The overall density of the development is consistent with the R-4 zoning and the variety in
lot sizes is achieved through the flexibility offered by the HROSP District. The development
plan preserves 20 acres of the 47 acre parcel preserved as open space. This
conservation subdivision approach has led to other successful developments in the
community including Conway Farms, Middlefork Farm and Everett Farm. The Plan
Commission’s report provides more detail about the proposed subdivision and is included
in the Commission’s packet beginning on page 115.
On January 13, 2016, the Plan Commission held a public hearing to consider the final plat
of subdivision and final conditions of approval. Three residents testified before the
Commission. In response to a suggestion that the property should be preserved as
agricultural land, the Commission noted that the property is zoned for residential use and
services are available to support development of the property. The City Engineer
confirmed that the plan includes the construction of on site detention ponds and swales
which together will slow the rate of stormwater runoff from the property over current
conditions. He added that the developer proposes to draw water out of the pond for
irrigation of the site which will further reduce the rate of runoff. Also in response to public
comments, the Commission recognized that street connections for the new subdivision
are appropriately located along the east and west sides of the development and noted
that additional curb cuts on Route 60, to provide access into the proposed subdivision,
are not appropriate from a traffic congestion or safety perspective.
After hearing a presentation from the developer and public testimony, and after questions,
answers and deliberation, the Commission voted 6 to 0 to recommend approval of the
subdivision to the City Council. The Commission’s recommendation includes conditions of
approval which are included as an exhibit to the Ordinance. The Ordinance with key exhibits
attached begins on page 122 of the Council packet. The complete Ordinance with all exhibits,
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Monday, April 18, 2016 City Council Agenda
is available for review in the Community Development Department. The conditions as
recommended by the Commission address many of the questions and comments that were
raised during consideration of this project.
If the Council grants final approval of the plat, City staff will review all of the final
documents as required by the conditions of approval prior to the recording of the plat of
subdivision.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Final Development Plan Ordinance for the
Westleigh Farm Planned Preservation Subdivision. The Ordinance incorporates approval
of the plat of subdivision, the granting of a Special Use Permit and the conditions of
approval as recommended by the Plan Commission
7. ORDINANCES AFFECTING CODE AMENDMENTS
1. Consideration of an Ordinance Amending Chapters 70, 73, 78, and 97 of the
City Code, as Recommended by City Staff. (First Reading)
STAFF CONTACT: Craig Lepkowski, Police Commander (847-810-3807)
PURPOSE AND ACTION REQUESTED: Staff requests approval of first reading of amendments to
Chapters 70, 73, 78, and 97 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
Alderman Moreno and the City Attorney have reviewed Title VII and IX of the City Code
and propose amendments to Chapters 70 (General Provisions), 73 (Stopping, Standing
and Parking), 78 (Parking and Loading Schedules), and 97 (Parks and Playgrounds). A
working draft of the proposed amendments is included in the Council packet beginning
on page140.
BACKGROUND: At the time the City Council approved the updated City Code in 2015, it was
recognized that various elements of the City Code were not reflective of State law, current
practices, or implementation practices of the City. Based on a thoroughgoing review of Title VII
and IX of the City Code, the attached working draft of amendments was prepared. The
attached draft attempts to update provisions where that are outdated, conform certain
provisions to State law, and align City practices with the terms of the City Code.
Although some fine-tuning of the amendments may still be required, the attached draft
represents a substantially completed update of Chapters 70, 73, 78, and 97 of the City’s Code.
RECOMMENDATION: In order to advance the update of the Chapters 70, 73, 78, and 97 of the
City Code, it is recommended that the City Council grant first reading of the attached draft
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Monday, April 18, 2016 City Council Agenda
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 Chapters 70, 73, 78, and 97 of the City Code.
2. Consideration of an Ordinance Amending Title XIII (General Offenses) of the
City Code, as Recommended by City Staff. (First Reading)
STAFF CONTACT: Craig Lepkowski, Police Commander (847-810-3807)
PURPOSE AND ACTION REQUESTED: Staff requests approval of first reading of amendments to
Title XIII (General Offenses) 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
Alderman Moreno and the City Attorney have reviewed Title XIII of the City Code and
propose amendments to Chapters 130 (General Provisions), 132 (Offenses Against Public
Morals), 133 (Offenses Against Persons), 134 (Offenses Against Property), and 135
(Offenses Affecting Public Health, Safety, and Decency). A working draft of the
proposed amendments is included in the Council packet beginning on page 146.
BACKGROUND: At the time the City Council approved the updated City Code in 2015, it was
recognized that various elements of the City Code were not reflective of State law, current
practices, or implementation practices of the City. Based on a thoroughgoing review of Title
XIII of the City Code, the attached working draft of amendments was prepared. The attached
draft attempts to improve the overall organization of the City’s Code as it relates to general
offenses, offenses against public morals, offenses against persons, offenses against property,
and offenses affecting public health, safety, and decency. Additionally, the attached draft
attempts to update or remove provisions where that are outdated and align City practices
with the terms of the City Code.
Although some fine-tuning of the amendments may be required, the attached draft represents
a substantially completed update of Chapters 32, 34, 91, 97, 110, and 112 of the City’s Code.
RECOMMENDATION: In order to advance the update of the Title XIII of the City 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 XIII of the City Code.
8. NEW BUSINESS
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Monday, April 18, 2016 City Council Agenda
1. Emergency Telephone System Board (ETSB) Meeting
PRESENTED BY: James Held, Chief of Police
***OPEN PUBLIC MEETING OF THE ETSB***
CALL TO ORDER: Mayor Schoenheider
ROLL CALL: As reflected by City Council Roll Call
PURPOSE AND ACTION REQUESTED: Approval of the FY 2017 budget, pursuant to 50 ILCS
750/ 15.4 (c).
BACKGROUND / DISCUSSION: In April 1989 a referendum was passed in Lake Forest
establishing the Emergency Telephone System Board and implementing an E-911 system
in Lake Forest. On May 1, 1989 The City Council approved the recommended surcharge
of $0.65 per month per in-service network connection and the establishment of the ETS
Board. At the time the ETSB consisted of not fewer than five members designated by the
City Manager.
In January of 2009 The E911 Surcharge and ETSB was amended. The amendment
pertained to Chapter 39 of the City Code by adding a new article XII titled “E-911
Surcharge and ETS Board”.
In 2013, Chapter 39 of The City Code relating to the E911 surcharge and Emergency
Telephone System Board was again amended regarding the composition of the Board.
The new composition of the ETSB was established: the Mayor, all sitting Aldermen, the
Police Chief, the Deputy Police Chief and the Fire Chief.
Staff is presenting the FY 2017 Emergency Telephone System budget to the ETSB at this
time for approval of the Board. A copy of the ETSB budget is included on page 168. Also
included on page 169 is a copy of the five year fund balance forecast of the ETSB.
ETSB FY 2017 Budget Request
ETSB FY 2017 Contractual
Services
Maint. Of
Equipment
Computer
Aided
Dispatch
Assets
Under
10,000
Total
Budget
Request
Proposed
Budget 214,800 5,000 11,997 86,400 318,197
RECOMMENDED ACTION: Approval of the FY 2017 budget, pursuant to 50 ILCS 750/15.4
(c).
***MOTION TO CLOSE PUBLIC MEETING OF THE ETSB***
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Monday, April 18, 2016 City Council Agenda
2. Request to Waive the Bidding Process to Power Wash and Spot Sand Blast Both the
Westleigh Road Bike Path & Train Bridges
PRESENTED BY: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council waive the bidding process
and authorize DiVinci Painters, Inc. to power wash both concrete bridges on Westleigh Road.
Areas that have been painted or have efflorescence will be sand blasted. If approved,
funding will be added to the proposed F.Y. ’17 capital budget.
With heavy truck traffic from McCormick Ravine’s landfill excavation beginning in mid-late
June, staff is requesting City Council approval this evening to ensure the bridge cleaning can
be completed by the end of May.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee January 21, 2015 Reports & Options Reviewed
BACKGROUND: Over recent years, staff has received resident complaints from both the
Whispering Oaks and Villa Turicum neighborhoods regarding the overall appearance of the
two concrete bridges on Westleigh Road. The bike path bridge, formally known as the “North
Shore Line Pedestrian Bridge” is owned by The City of Lake Forest. The Chicago & Northwestern
bridge is owned by Union Pacific. Over the years as graffiti has been sprayed on both bridges,
the City’s Streets Section has painted over the vandalized areas. These various areas of paint
squares combined with multiple locations of efflorescence (vertical white streaks) have resulted
in a very unsightly bridge for many recent years.
In August, 2014, staff contracted with Wiss, Janney, Elstner Associates, Inc. (WJE hereafter) to
provide a comprehensive review of the pedestrian bridge. The report, beginning on page 170
of the agenda packet, noted that the bridge’s overall condition is fair and provided the City
with multiple recommendations for aesthetic improvements and maintenance items.
Subsequently, WJE provided a more detailed review (beginning on page 199 of the agenda
packet) with an emphasis on both short and long term timelines for aesthetic improvements.
Both reports were summarized and presented to the Public Works Committee at their January
21, 2015 meeting.
As described in the proposed scope of work from DiVinci Painters beginning on page 209 of the
agenda packet, faces of both bridges, the center median, and the abutment walls would be
power washed and treated with a masonry cleaner; painted areas would be sand blasted.
The proposal assumes the City would provide both traffic control and water from a nearby fire
hydrant. WJE’s report also noted that application of an anti-graffiti silane sealer after the
cleaning is completed, would allow the concrete to “breathe” and make graffiti removal
easier. However, the cost to apply this sealer is approximately $100,000. Although staff agrees
with this recommendation, recognizing that funding not available, future spot cleaning and / or
sand blasting can address any graffiti removal or streaks of efflorescence.
BUDGET/FISCAL IMPACT: Although $100,000 for the Westleigh Road bike path bridge was
requested in both the FY ’16 and FY ’17 capital budgets, the line item was given a priority
two in each year’s capital plan. Staff’s opinion is that this evening’s request will provide a
16
Monday, April 18, 2016 City Council Agenda
good, short term cleaning of both bridges with the hope that future funding will become
available to address more long term maintenance and aesthetic improvements.
DiVinci’s original proposal separated work for both bridges at a cost of $19,880 each.
Staff asked the contractor if a discount could be provided if both bridges were
completed at the same time. Subsequently DiVinci provided a 10% discount for a total
project of $35,785.
DiVinci Painters, Inc. has worked for the City on numerous jobs over the past fifteen years.
Examples include both interior and exterior painting on multiple City-owned buildings, the
Route 60 railroad bridge in 2013 for the preparation of the BMW golf tournament, the
metal ceilings in last year’s salt bay project, and most recently, is a sub-contractor to
perform all painting at the East side Train Station project. Staff believes the price
provided by DiVinci is very competitive and therefore recommends waiving the bid
process and approve the agreement for work to occur next month.
If approved by City Council this evening, both the FY ’17 proposed budget and capital
plan would be revised to add $36,000 to the bridge maintenance account.
Below is an estimated summary of project budget:
FY2017 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund – Bridge
Maintenance $0 $35,785 N
COUNCIL ACTION: Waive the bidding process and authorize DiVinci Painters, Inc. for the
cleaning of both Westleigh Road Bridges in the amount of $35,785. Additionally, City
Council directs staff to add this amount to the proposed FY ’17 capital budget.
3. Approval of an amendment to the Athletic Field Usage Policy as approved by the
Parks & Recreation Board (Waive First Reading and if Desired Grant Final Approval)
PRESENTED BY: Joe Mobile, Superintendent of Recreation (847-810-3941)
PURPOSE AND ACTION REQUESTED: The Parks & Recreation Board has approved and is
recommending approval of an amended Athletic Field Usage Policy.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Parks & Recreation Board 3/15/16 Approved amended policy
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Monday, April 18, 2016 City Council Agenda
BACKGROUND/DISCUSSION: The current policy was established in the fall of 2003 with the
intent of recovering the variable costs associated with non-recreation department
programming offered by Lake Forest sports organizations. Organizations that met the
criteria set forth in the policy were granted use of the athletic fields for their programs and
paid the costs associated with their use. The criteria required the organization to consist
of 67% Lake Forest residents, consist of a minimum of four teams, provide a filing status
with the State of Illinois and have an active board structure. The current policy does not
provide any additional rental opportunities.
As Staff continues to evaluate resources for additional revenue, the policy was reviewed
and the proposed amendments have the potential to generate revenue when the fields
would otherwise be idle. The amendments to the current policy categorize the current
users into classification 1 or classification 2 dependent upon their program offerings.
Recreation Department programs, as well as any organization that offer programs that
the Recreation Department doesn’t currently offer, will be placed in classification 1, while
organizations that offer programs that are currently offered by the Recreation
Department will be placed in Classification 2. An additional classification 3 will provide
opportunities for a new group of users to possibly rent the fields for their use as well. Any
group that doesn’t fit into classification 1 or 2 and have Lake Forest residents on their
rosters will fall into classification 3. The new classification system allows the opportunity for
additional residents to have access to our fields for their athletic needs.
The priority for field usage will also follow this structure with classification 1 being assigned
fields first, followed by classification 2 and if there are remaining opportunities, staff will
consider the use by the classification 3 category. Rentals will be subject to availability
and staff approvals based on the criteria found in the current policy. Staff will continue
to work with our local athletic associations prior to opening up the fields to any other
groups that would be categorized in classification 3. The overall impact to the alethic
fields will be minor as classification 1 and 2 organizations already use the fields under the
current policy. Staff is anticipating only minimal increases from classification 3 use above
the current usage under the amended policy.
BUDGET/FISCAL IMPACT: The amended fee classification structure provides for possible
revenue generation that currently isn’t possible within the current policy. The current
policy was approved to cover the variable costs of the additional use by other Lake
Forest organizations. The amended policy allows staff to recover the variable costs from
all users but then assessed a rental fee to classification 2 and 3 users to allow for potential
revenue. The chart below shows the accessed fees by each classification in addition to
the variable costs for FY17.
Staff is estimating additional revenue for FY17 based on anticipated use. The estimated
revenue represents the rental fees that are in addition to the labor and maintenance
FY17 General Parks Class I Class II Class III
Labor & Materials Fees FY17 Rental Fees FY17 Rental Fees FY17 Rental Fees Units
Diamond Prep 1 98$ -$ 25$ 200$ Game
Diamond Prep 2 105$ -$ 30$ 240$ Game
Diamond Practice 42$ -$ 15$ 120$ Practice
Grid Field Practice 2,178$ -$ 25$ 200$ Practice
Grid Field Game 2,299$ -$ 30$ 240$ Game
*Grid Fields - Fees above, ONLY apply to new, unnasigned fields. Existing fields will not able to be rented.
18
Monday, April 18, 2016 City Council Agenda
fees that each user will pay. The total revenue will fluctuate each year based on the
number of teams and games/practices requested each season.
Category Type Sport Uses Revenue
Classification 2 Baseball 48 games $1,200
Classification 2 Lacrosse 52 games $1,560
Classification 3 Baseball 10 games $2,000
Total additional revenue $4,760
The additional revenue will be utilized by the Recreation Department Staff in our program
areas where necessary to improve the quality of the experience for our residents. A
blacklined version of the amended policy can be found beginning on page 211.
COUNCIL ACTION: Approval of an amendment to the Athletic Field Usage Policy as
recommended by the Parks & Recreation Board (Waive First Reading and if Desired Grant
Final Approval)
9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
10. ADJOURNMENT
Office of the City Manager April 13, 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.
19
20
21
NATIONAL HISTORIC PRESERVATION MONTH
WHEREAS, since 1971, the National Trust for Historic Preservation has been celebrating a month-long
observance of historic preservation, recognizing grassroots efforts across America to protect and
preserve historic structures, places, and landscapes;
WHEREAS, The City of Lake Forest was one of the first communities in the Chicago region to take a
progressive role in historic preservation initiatives, including:
• 1975, Ragdale led the way when it became a National Landmark.
• 1976, the area of the 1857 Plan of Lake Forest became the Lake Forest National Register Historic
District.
• 1980, the Vine-Oakwood-Green Bay Road National Register Historic District was designated.
• 1995, the Green Bay Road National Register Historic District was designated.
• 2013, the West Park National Register Historic District was designated.
Since 1976, numerous individual properties have been designed as National Register Historic Properties.
Today, well over 1,200 structures and open spaces in Lake Forest are recorded in the City’s inventory as
being historically significant, and at least 35 areas and individual properties have received the City’s
Landmark Designation.
WHEREAS, in the mid-1990s, The City of Lake Forest officially recognized that its ability to safeguard its
distinctive historic character and resources was being tested by development incompatible with the
existing character of historic districts and homes, and therefore determined that public awareness of the
importance of historic preservation was to be a high priority.
WHEREAS, in 1998 The City of Lake Forest, in response to this challenge, adopted a Comprehensive Plan
that included strengthening its historic preservation efforts. The City Council:
• created a Historic Preservation Commission independent of the Building Review Board,
• attached a rider to all real estate transactions informing buyers of the importance of its
ordinances and Comprehensive Plan in maintaining compatibility with community character,
historic structures and streetscapes, and
• undertook revision of its zoning and demolition processes, including amending Zoning Chapter
51: Historic Preservation.
NOW, THEREFORE, BE IT RESOLVED THAT I, Donald Schoenheider, Mayor of Lake Forest, do proclaim
May 2016 to be National Historic Preservation Month and call upon all residents to honor the
22
importance of historic preservation throughout our community. We look forward to continued
coordination with the Lake Forest Preservation Foundation as it works with our City officials and
residents to protect and preserve the historic visual character of this remarkable city.
ADOPTED THIS _____ DAY OF APRIL, 2016.
23
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, April 4, 2016
City Council Meeting - City Council Chambers
Special Start time of 6:00 pm
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
6:00pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman
Pandaleon, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Adelman and
Alderman Moreno.
Absent: None.
Also present were: Robert Kiely, City Manager; Susan Banks, Communications Manager; Elizabeth
Holleb, Finance Director; Victor Filippini, City Attorney; Catherine Czerniak, Director of Community
Development; Michael Thomas, Director of Public Works; Karl Walldorf, Deputy Chief of Police;
Sally Swarthout, Director of Parks & Recreation; Mike Strong, Assistant to the City Manager and
Anne Whipple .
There were approximately 80 + present in the audience.
Mayor Schoenheider announced that while the agenda states that the City Council is to adjourn
into executive session, the audience was filled with Emerging Artists and their families, and
introduced Jillian Chapman of the Deerpath Art League.
Ms. Chapman gave a brief overview of the Art League and read the following names of the
Emerging artists selected and Mayor Schoenheider presented the awards: Lake Forest Academy:
2D- Oliver Juan, junior, 3D- Alex Gamache, junior; Lake Forest Country Day: 2D- Emerson Buettner,
2nd grade , 3D- Cutler Terlato, 6th grade; Lake Forest High School: 2D- Emilee Cho, senior, 3D-
Alyssa Thunder, sophomore; Everett Elementary: 2D- Alissa Eglite, 2nd grade; Cherokee
Elementary: 2D- Amelia Pasquesi, 3rd grade; Sheridan Elementary: 2D- Grace Clawson, 3rd grade ;
Lake Bluff Middle School: 2D- Jolina J (grade not given), 3D- Ben Rosa (grade not given); School of
St. Mary Primary Grade Center: 2D- Elizabeth Specketer, 2nd grade; Woodlands Academy: 2D-
Ellie Randolph (grade not given); Lake Bluff Elementary School: 2D- Audrey Waite, 4th grade, 3D-
Stephanie Shen, 2nd grade; Deer Path Middle School 5/6: 2D- Nick Winebrenner, 6th grade; Deer
Path Middle School 7/8: Isabel Wiesner, 8th grade ; Deer Path Middle School APT: 2D- Ani
Plamback, 7th grade, 3D- Ainsley Wiesner, 8th grade.
Mayor Schoenheider read the Arbor Day Proclamation.
Mayor Schoenheider stated the item under New Business, Athletic Field Usage Policy, will be
heard at the April 18, 2016 City Council meeting.
Mayor Schoenheider then asked for a motion to Adjourn into executive session.
24
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
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.
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, seconded by Alderman Moreno. The following voted “Yea”: Aldermen
Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following
voted “Nay”: None. 8 Yeas, 0 Nays, motion carried
Adjournment into executive session at 6:18pm
RECONVENE INTO REGULAR SESSION at 7:10pm
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Emerging Artists Awards, Deer Path Art League
-Jillian Chapman, Creative Director
Arbor Day Proclamation
Both items were seen at the beginning of the meeting.
COMMENTS BY CITY MANAGER
Community Spotlight
- Lake Forest Open Lands
- John Sentell, President
City Manager Robert Kiely Jr. introduced the President of Open Lands, John Sentell, who gave an
overview of the organizations’ programs and events.
COMMENTS BY COUNCIL MEMBERS
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the March 7, 2016 City Council Meeting Minutes
2. Approval of Check Register for Period February 27-March 25, 2016
3. Request for Approval to Pay North Shore Water Reclamation District for Regency’s
Lane’s Annexation and Connection Fees
25
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
4. Award of Bid for the Replacement of Marked Police Cars Included in the FY2017 Capital
Equipment Budget
5. Award of Bid for the Replacement of a ¾-Ton Regular Cab Pick-Up Truck for the Parks
Section Included in the FY2017 Capital Equipment Budget
6. Award of Bid for the Replacement of a 1-Ton Chassis for the Forestry Section Included in
the FY2017 Capital Equipment Budget
7. Award of Bid for the Replacement of a Tower Truck for the Streets Section Included in
the FY2017 Capital Equipment Budget
8. Award of Bid for the Replacement of a ¾-Ton Regular Cab Pick-Up Truck for the Parks
Section Included in the FY2017 Capital Equipment Budget
9. Award of Bid for the Replacement of a ¾-Ton Regular Cab Pick-Up Truck for the Water &
Sewer Utilities Section Included in the F.Y. 2017 Capital Equipment Budget
10. Award of Bid for a Greens Mower for the Golf Course Maintenance Section Included in
the FY2017 Capital Equipment Budget
11. Award of Bid for a Rough Cut Mower for Deerpath Golf Course Included in the FY2017
Capital Equipment Budget
12. Consideration of a Request for Reimbursement for Environmental Investigation at the
Laurel and Western Avenues Site. (Approval of a Motion)
13. Consideration of a Contract with AT&T for the Removal and Relocation of Equipment in
Preparation for the Redevelopment of the City’s Former Municipal Services Site.
(Approval of a Motion)
14. Award of the Lake Forest portion of the 2016 Joint Sewer Lining Project contract.
15. Approval of Forest Park Grounds Maintenance Services Contract for FY ‘17
16. Approval of Contract for Annual Grounds Maintenance Services in Parks FY ‘17 Budget
17. Approval of West Park Playground Project
18. Approval to Execute Cemetery Ravine Restoration Grant
19. Approval of FY ‘17 Contract for Emerald Ash Borer Tree and Stump Removals
20. Approval of Annual Tree Planting and Tree Purchasing for FY ‘17
COUNCIL ACTION: Approve the twenty (20) Omnibus items
26
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
Mayor Schoenheider asked members of the Council if they would like to remove any item or take
it separately. The City Council had brief discussion on item #3, #7 and #11. The Mayor asked for a
motion to approve the twenty Omnibus items as presented with a correction of a scrivener’s error
in the minutes.
Alderman Reisenberg made a motion to approve the ten Omnibus items as presented, seconded
by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon,
Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0
Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
ORDINANCES AFFECTING CODE AMENDMENTS
NEW BUSINESS
Consideration of Various Actions Relating to the Sale and Redevelopment of the Former
Municipal Services Site, a 10-Acre Parcel Owned by the City of Lake Forest Located on the
Northwest Corner of Laurel and Western Avenues.
A. An Amendment to the Purchase/Sale Agreement (Motion)
B. A Resolution Approving the Redevelopment Agreement (Motion)
C. The Final Plat of Subdivision and the Final Development Planned Development
Ordinance (Waive First Reading and if Desired, Grant Final Approval)
Mayor Schoenheider made the following opening comments:
“Tonight, the City Council has an opportunity to look forward, an opportunity to take an important
next step in the redevelopment of the City’s former Municipal Services site on Laurel and Western
Avenues. Much hard work has been completed and a strong foundation is in place to guide the
Council in this important decision.
• In 2007 and 2008, public visioning sessions were held to talk about how the site should be
redeveloped.
• Development parameters were established as an outcome of the public discussion.
• The Property and Public Lands Committee of the City Council; led by Alderman
Reisenberg, using the Development Parameters, solicited proposals from developers.
• Focus Development was selected as the developer. The concepts presented by this firm
most closely aligned with the vision for the site, conveyed an understanding of the
traditions and values of the community, and proposed a quality development.
27
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
• A Tax Increment Financing District was put in place to support environmental cleanup of
the site, improvements to adjacent streetscapes and other appropriate aspects of the
overall project.
• The site has been cleared of buildings and soil remediation has been completed.
• The City’s Plan Commission and Building Review Board, over the course of about 12
months, reviewed materials presented by Focus Development, listened to and read public
testimony, deliberated and requested enhancements to the plan.
I know that many of you attended the Board and Commission meetings and I also know that the
questions, concerns and suggestions you and other residents offered were heard and were
instrumental in shaping the final plan that is before the Council tonight.
I have tremendous confidence in the City’s public review processes and in the members of our
Boards and Commissions. The Council relies on the Board and Commission processes to vet the
details of development projects, details like the density, mass and scale of the buildings,
architectural elements, exterior materials, landscape concepts and grading of the site. That work
has been completed. Tonight, the Council will consider recommendations in support of the Focus
Development plan from both the Plan Commission and Building Review Board and the conditions
of approval that accompany those recommendations. The Council will also consider the final
terms of the sale of the property to Focus Development. The sale of the property and terms of
that sale are the Council’s purview and as such, have not been the subject of a public meeting to
date. Shortly, I will ask City staff to review the terms of the sale as discussed, negotiated and very
carefully considered by the full City Council over the course of several months.
I noted at the start of my comments that tonight we have an opportunity to look forward.
Specifically, tonight, we have:
• An opportunity to redevelop a site that has long been an eye sore, replacing an industrial
use with new homes for our community, quality architecture and shared open space.
• An opportunity to put a 10-acre site on the tax rolls generating revenues first for the TIF
District, and over the long term, to support City services and our schools long into the
future.
• An opportunity to add diverse housing at various price points to our community.
• An opportunity to reinvigorate north Western Avenue, enhance the streetscape and
attract new businesses to the area.
• And notably, an opportunity to support the vitality of our Central Business District with
more residents who will shop at our stores, eat at our restaurants and patronize our
service businesses.
Finally, I have had the occasion to meet with Tim Anderson, President and CEO of Focus
Development. I am confident that Tim understands the importance of this project to the City of
Lake Forest. I am confident that if the Council decides to move this project forward tonight, Focus
Development will construct a project of extraordinary quality, a project that will welcome existing
residents and newcomers to our community, and a project we will all be proud to say that we had
a hand in making happen.
28
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
Prior to the City Council’s deliberation and action this evening, and for the benefit of everyone in
attendance tonight and those watching at home, I want to take some time to review key aspects
of this project. The process has been lengthy, the public hearings have been completed and much
work has been accomplished.
• First, I will ask Catherine Czerniak, Director of Community Development, to give us a brief
overview of the demolition and environmental clean-up activity that has occurred on the
site and provide an overview of the redevelopment plan highlighting elements of the
plan that were revised and refined as a result of the Board and Commission public
hearing processes.
• Next, I will ask Elizabeth Holleb, the City’s Finance Director, to review the Negotiated
Terms for the sale and redevelopment of the property and status of the TIF District.
• I will then invite questions from the members of the City Council before providing an
opportunity for public comment.
• The Council will then deliberate on the matter and my expectation is that the Council will
take action on the matters relating to this petition this evening.”
Mayor Schoenheider then introduced Director of Community Development, Catherine Czerniak,
who gave an overview of each the following: Environmental Cleanup of Site, Development Plan,
BRB and PC Recommendations, Timeline, Development Agreement Terms and Action Items.
Environmental Cleanup completed; Buildings Demolished, Foundations Removed, 21,612 Tons of
Soil Removed, Pavement Removed, Utilities Removed and Concrete/Asphalt Crushed.
Plan Commission Review; Density, Mix of Units, Site Plan, Traffic, Drainage, Building Height/Site
Grading, Road Configuration/Connections, Parking, Open Space, Landscaping and Tree
Preservation.
A Site Plan, Landscape Concept Plan and a Landscape Plan Detail showing the Northeast Corner
was shown.
Building Review Board; Building Elements/Massing, Roof Forms, Screening of Mechanicals,
Architectural Detailing, Exterior Materials, Building Height, Streetscapes, Open Space, Landscaping
and Tree Preservation. Renderings of the Apartment buildings from Laurel and Western and
Western Ave, the Condominium Building, and the streetscape of Single Family homes was shown.
Ms. Czerniak then reported on the Improvements to the Plan through the Public Hearing Process;
eliminated 4-Story Building, Reconfigured 2 Buildings to 3, Reduced Number of Apartments, Re-
Located Garage Ramps, Added East/West Street, Improved Relationship –Buildings/Open Space,
Added Medians, Reconfigured Pedestrian Walkways and the Enhanced Landscaping.
29
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
Ms. Czerniak gave an overview of the anticipated timeline; Closing -- June/July 2016, Earth Work --
July – October 2016, Buildings -- Fall 2016, Phase I -- Target completion March 2018, Phase II –
Target completion July 2019.
Director of Finance, Elizabeth Holleb, reported on the Development Agreement Terms. The
Purchase and Redevelopment Agreements were negotiated over the course of many months.
Members of the Property and Public Lands subcommittee of the City Council, the City Attorney,
the City’s TIF Consultant, an independent financial consultant, the City Manager and other City
staff were involved in the ongoing negotiations with Focus Development. The Mayor and City
Council was kept apprised of the negotiations and provided direction along the way.
Ms. Holleb stated that Throughout the process, the City Council has been clear on two points:
first, this development must be of high quality; the infrastructure, the buildings and the landscape,
all components, must be first rate and stand the test of time and second, the Tax Increment
Financing District must be successful and must generate sufficient revenues to fully support the
environmental cleanup on the site, the TIF eligible improvements and the Library and schools as
required by State law.
Key points of the Agreements include:
A purchase price of $12,000,000 and some provision for cost off sets to the developer for TIF
eligible components of the project.
The inclusion of 12 affordable and moderately priced rental apartments and a payment to the
City’s Housing Trust Fund.
Pre-closing use of a portion of the site by Focus Development for a sales center and market sign.
Time frames for closing and development of the site and various obligations of the developer
through the buildout process.
Importantly, as of today, the former Municipal Services site generates no property taxes. After
the sale and redevelopment of the site, significant property taxes will be generated by this
property to support public improvements, site clean-up and a high quality development during the
life of the TIF and once the TIF District is closed out, the revenues generated by the site will
benefit the City and all of the other taxing bodies on an ongoing basis into the future.
Ms. Holleb reviewed the following slides; Projected Annual TIF Revenue and Expense- Annual TIF
increment project by year, TIF expense by Type, i.e. School Districts, Library, 205 bonds, etc.;
Projected Annual TIF Revenue and Expense, Distributions to School Districts and Library estimated
at legislative maximum. Subject to actual impact per formula and to actual revenue collected and
TIF note principal and interest paid to the City after all other expenses.
Ms. Holleb stated that the Council actions this evening will be to amend the Property Purchase
agreement, approve a Resolution including the Redevelopment Agreement and License
agreement and approve the Final Ordinance.
30
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
Mayor Schoenheider thanked Elizabeth Holleb, Catherine Czerniak and Lee Brown, he stated that
on behalf of the City Council he was grateful for all their work. Mayor Schoenheider then opened
discussion with the Council that included; parking, the sale of parking spaces and home owners
association, traffic studies, affordable housing, percentages of one, two and three bedroom units,
the replacement of the lost apartment rentals in the Central Business district, risk of the project
and diversity of the project, building parameters, planned use development, zoning, developer
costs offsets and the expected phasing of the project, the tree and its preservation, quality of the
development and by adding the diversity on housing stock families are able stay in Lake Forest.
Mayor Schoenheider thanked the Council for their discussion and opened up the opportunity for
public comment: the following persons offered their opinions to the City Council.
Stephen Bruhn, 1261 Burr Oak, Lake Forest
Dan Seabald, 560 Ivy Ct, Lake Forest
Paul Hamman, 511 Beverly, Lake Forest
Jan Gibson, 59 E Franklin, Lake Forest
Diane Karzas, 140 E Franklin, Lake Forest
Emily Watts, 1230 N Western Ave, Lake Forest
Linda VanEeckhout, 1230 N Western Ave, Lake Forest
Richard Wood, 1032 N Western, Lake Forest
Rommy Lopat, 410 E Woodland, Lake Forest
Mayor Schoenheider thanked all those who offered their opinions to the Council and told them
that the City Council is always open to hearing from residents on this and any other topic.
Mayor Schoenheider asked for any further questions or comments from the City Council, the City
Council continued discussion on the landscaping approval process. Additional discussion was had
around the passion that residents have for the community and the amount of time and effort that
has been put into this complex project to date by the Staff, how proud the Council is of the
project.
COUNCIL ACTION: If determined to be appropriate by the City Council,
By motion:
1. Approve a First Amendment to the Purchase/Sale Agreement.
2. Approve a Resolution approving the Redevelopment Agreement and authorizing the
City Manager to sign a License Agreement providing for a temporary marketing and
sales center on the property.
3. Approve the Final Plat of Subdivision and the Final Development Planned Development
Ordinance (Waive First Reading and if Desired, Grant Final Approval)
Mayor Schoenheider asked for a motion to approve a First Amendment to the Purchase/Sale
Agreement.
Alderman Pandaleon made a motion to approve a First Amendment to the Purchase/Sale
Agreement, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck,
Beidler, Pandaleon, Newman, Reisenberg, Adelman and Moreno. The following voted “Nay”:
Alderman Tack. 7 Yeas, 1 Nay, motion carried.
31
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
Mayor Schoenheider asked for a motion to approve a Resolution approving the Redevelopment
Agreement and authorizing the City Manager to sign a License Agreement providing for a
temporary marketing and sales center on the property.
Alderman Reisenberg made a motion to approve a Resolution approving the Redevelopment
Agreement and authorizing the City Manager to sign a License Agreement providing for a
temporary marketing and sales center on the property, seconded by Alderman Beidler. The
following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Reisenberg, Adelman
and Moreno. The following voted “Nay”: Alderman Tack. 7 Yeas, 1 Nay, motion carried.
Mayor Schoenheider asked for a motion approve the Final Plat of Subdivision and the Final
Development Planned Development Ordinance (Waive First Reading and if Desired, Grant Final
Approval)
Alderman Moreno made a motion to approve the Final Plat of Subdivision and the Final
Development Planned Development Ordinance (Waive First Reading and if Desired, Grant Final
Approval), seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck,
Beidler, Pandaleon, Newman, Reisenberg, Adelman and Moreno. The following voted “Nay”:
Alderman Tack. 7 Yeas, 1 Nay, motion carried.
Mayor Schoenheider thanked City Staff, the Board and Commission Volunteers for their
tremendous input, he stated that this is just the start of the process that all the input is valued and
the Council is grateful to all involved. Thank you to Tim and his team and Focus.
CIVIC BEAUTIFICATION
A. Approval of Contract to Perform Engineering Services for the Western Avenue
Streetscape Improvement Project
Chuck Myers, Superintendent of Parks & Forestry, reported that the proposal was presented at
the City Council’s budget workshop and in October 2015, the City held a Public Visioning Session
to engage local residents and businesses in the planning process. Representatives from the Civic
Beautification Committee were also in attendance and listened to concerns expressed by
attendees. City staff compiled the feedback and worked with the Civic Beautification Committee
to begin planning for improvements.
Alderman Beidler reported that in January 2016, the City entered into a contractual agreement
with Craig Bergmann Landscape Design to perform a design analysis of the project area and
develop a conceptual streetscape plan. Bergmann worked with the City to develop the plan,
based in part on the feedback received from the Public Visioning Session. After a period of review
and revisions, the plan was accepted by City staff and the Civic Beautification Committee. The City
held a follow-up Public Meeting on March 1, 2016 to present the design plan and receive feedback
from residents and businesses. The plan was generally well received.
32
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
Mr. Myers stated that the next phase of planning for the Western Avenue Streetscape
Improvement Project involves the development of engineering plans and construction documents.
The City has received a proposal from Gewalt Hamilton Associates (GHA), the City’s Engineering
Consultant, to perform Professional Engineering Services for this project. Based upon the
exception noted in Section 8.5 D1 of the City’s Purchasing Directive, the City has the ability to
enter into an agreement with GHA for the engineering services without conducting a bid process.
The scope of services provided by GHA will include: Project Initiation and Coordination,
Topographic Survey, ROW Survey, & Base Plan Preparation, Preliminary Engineering (includes
probable costs) and Final Engineering.
If approved, the conceptual schedule for completing the improvements:
1. Survey Work April 15, 2016
2. Preliminary Engineering May 6, 2015
3. Final Engineering & Permitting Submittals June 10, 2016
4. Bid Opening June 29, 2016
5. City Council Contract Approval July 5, 2016
6. Construction Start Date August 1, 2016
Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing
none, he asked for a motion.
COUNCIL ACTION: Acknowledge the exception noted in Section 8.5 D1 of the City’s Purchasing
Directive and award of a contract to Gewalt Hamilton Associates (GHA) to perform Professional
Engineering Services for the Western Avenue Streetscape Improvement Project in an amount
not to exceed $ 55,700.00.
Alderman Adelman made a motion to acknowledge the exception noted in Section 8.5 D1 of the
City’s Purchasing Directive and award of a contract to Gewalt Hamilton Associates (GHA) to
perform Professional Engineering Services for the Western Avenue Streetscape Improvement
Project in an amount not to exceed $ 55,700.00, seconded by Alderman Moreno. The following
voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and
Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
PARKS & RECREATION BOARD
A. Approval of an amendment to the Athletic Field Usage Policy as approved by the
Parks & Recreation Board (first Reading)
This item was rescheduled for hearing at the April 14 City Council meeting.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
33
Proceedings of the Monday, March 7, 2016
Regular City Council Meeting
ADJOURNMENT
There being no further business. Alderman Waldeck made a motion to adjourn, seconded by
Alderman Moreno. Motion carried unanimously by voice vote at 9:55 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.
34
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF LAKE FOREST, ILLINOIS
REALLOCATING 2016 VOLUME CAP
TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS
WHEREAS, the City of Lake Forest, Lake County, Illinois the (“City”), is a municipality
and a home rule unit of government duly organized and validly existing under Section 6(a) of
Article VII of the 1970 Constitution and laws of the State of Illinois; and
WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient
volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the
“Code”), is available for the bonds; and
WHEREAS, pursuant to the Code, the City has been allocated volume cap equal to
$100.00 per resident of the City in calendar year 2016, or $1,937,900.00 for the issuance of
such tax exempt private activity bonds; and
WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond
Allocation Act, 30 ILCS 345/1 et seq. (the “Bond Allocation Act), and the Guidelines and
Procedures promulgated thereunder, the City may, prior to May 1, 2016, reallocate to other
home rule units of government the volume cap allocated to the City by the Code for their
issuance of such tax exempt private activity bonds or for subsequent transfer or reallocation;
and
WHEREAS, the City has not used any of its 2016 volume cap and has no present
intention to use the same; and
WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered
Lake County home rule communities the opportunity to participate in a program to combine their
respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the
“Pool”) to facilitate the issuance of tax-exempt private activity bonds to finance, manufacturing
and multi-family housing commercial projects in Lake County, Illinois, for economic development
purposes (“Eligible Projects”); and
WHEREAS, the Village of Buffalo Grove, a home rule unit of government (“Buffalo
Grove”), pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host
the Pool and to reserve its own volume cap, and accept volume cap reallocated to Buffalo
Grove by other home rule units of government, for the issuance of tax-exempt private activity
bonds placed through the Pool to finance Eligible Projects; and
WHEREAS, Buffalo Grove has requested that the City reallocate all of its 2016 volume
cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed
through the Pool to finance Eligible Projects;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows:
Section 1: Recitals. The foregoing recitals are incorporated in and made a part of this
Resolution by this reference as findings of the City Council.
Section 2: Transfer and Reallocation of 2016 Volume Cap. Pursuant to Section 6 and
Section 6.1 of the Bond Allocation Act and the Guidelines and Procedures
promulgated thereunder, the City irrevocably agrees to, and does hereby,
transfer and reallocate all of its 2016 volume cap to Buffalo Grove to be used for
35
the issuance of tax-exempt private activity bonds placed through the Pool to
finance Eligible Projects as directed by the Advisory Committee created pursuant
to Buffalo Grove Resolution No. 2001-51.
Section 3: Agreement. This Resolution shall constitute the agreement of the City to a
different allocation under Section 146(e)(3) of the Code and the writing required
under Section 6 of the Bond Allocation Act.
Section 4: Warranty. The City covenants and warrants that it has taken no action or issued
bonds that would abrogate, diminish, or impair its ability to fulfill the written
agreement, covenants, and undertakings on its part under this Resolution.
Section 5: Authorization. As required by the Bond Allocation Act and the Guidelines and
Procedures promulgated thereunder, a certified copy of this Resolution shall be
transmitted to the Office of the Governor of the State of Illinois. Any and all
appropriate and proper officers, officials, agents, and employees of the City are
hereby authorized, empowered, and directed to take all necessary and advisable
actions, and to execute all such documents and certificates, as may be
necessary to further the purposes and intent of this Resolution.
Section 6: Maintain Record. The City shall maintain a written record of this Resolution in its
records for so long as the bonds to which the volume cap transferred by this
Resolution is reallocated remain outstanding.
Section 7: Effective Date. This Resolution shall be in full force and effect from and after its
passage and approval as required by law and is enacted by the City pursuant to
its powers under the laws of the State of Illinois and the Illinois Constitution of
1970 and its home rule powers.
PASSED this _____ day of __________________, 2016.
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of _______________, 2016.
____________________________________
Mayor
ATTEST:
__________________________
Deputy City Clerk
36
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BB&T AGREEMENT FOR ELECTRONIC LOCKBOX SERVICES
This AGREEMENT is made this _ _____ day of _ ______________, 2015 (“Effective
Date”) by and between the __ ____________________________ (the “Client”) and BB&T (BB&T).
1. Service. BB&T shall, on behalf of Client, receive and aggregate electronic payments or
remittances owed to the Client by third parties (“Electronic Payments”) and the related payment detail
information respecting the Electronic Payments (the “Payment Detail Information”), and shall transfer
daily to Client (a) a single payment by Credit Entry (as defined in the ACH Rules) consisting of an
amount equal to the aggregate of all Electronic Payments received by BB&T on behalf of Client, and (ii)
a single data file containing the aggregated Payment Detail Information received by BB&T on behalf of
Client with respect to each Electronic Payments. The services described in the preceding sentence are
referred to herein as the “Service.”
2. Receipt of Electronic Payments; ACH Rules. The Electronic Payments received by BB&T on
behalf of Client may be received directly from third party bill payment processors (“Bill Payment
Processors”), or through the automated clearing house (“ACH”) system pursuant to the rules of the
National Automated Clearing House Association (“ACH Rules”). With respect to Electronic Payments
received through the ACH system, BB&T and the Client shall comply with and be bound by the ACH
Rules as in effect from time to time.
3. Processing of Electronic Payments; Daily Payment. Except as otherwise provided in this Section,
BB&T will credit to a demand deposit account maintained by BB&T (the “Concentration Account”) each
Electronic Payment received by it on behalf of Client as to which the instructions and information relating
to such Electronic Payment delivered or transmitted to BB&T by the Bill Payment Processor, or other
originator (such instructions and information hereafter collectively referred to as “Receiver Information”)
indicate that such Electronic Payment is to be credited to the Concentration Account. Except as otherwise
provided in this Section, each such Electronic Payment will be credited to the Concentration Account on
the later of the payment date/effective entry date specified in the respective Receiver Information, or the
date on which such Electronic Payment and the related Receiver Information are received by BB&T.
Amounts credited by BB&T to the Concentration Account on Client’s behalf will be paid by ACH Credit
Entry to Client at the end of each business day (the “Daily Payment”) to the “Designated Settlement
Account” identified in Schedule “B” of this agreement.
In no event shall BB&T have responsibility to determine whether any Electronic Payment
received by it on Client’s behalf has been authorized by the Payor (as defined in Section 4), corresponds
to the amount specified by the Payor on any authorization, or is equal to an amount then owed to Client
by such Payor.
4. Daily Report. At the end of each business day, BB&T will deliver to Client by means of
electronic transmission, a report (the “Daily Report”) setting forth the Payment Detail Information
received by BB&T with respect to each Electronic Payment aggregated and delivered to Client in the
Daily Payment pursuant to Section 3 above. The Daily Payment shall set forth the same Payment Detail
Information as received by BB&T with respect to each Electronic Payment included in the Daily
Payment, provided that the Daily Report shall, at a minimum, include the name of each individual or
entity in respect of whom an Electronic Payment was included in the Daily Payment (each such person a
“Payor”), and the amount of the payment received. BB&T shall compile each Daily Report from the
information contained in the Payment Detail Information supplied to BB&T by Bill Payment Processors,
or other originators in connection with Electronic Payments, and BB&T shall have no liability or
responsibility for any inaccurate, incomplete or non-current information provided in the Daily Report
40
which was obtained from such Payment Detail Information.
Client shall promptly review each Daily Report and post payments included in each Daily Report
within 24 hours of receipt. If Client determines that the remitting entity made an error in the amount of
any Electronic Payment, Payor’s name or other information, Client shall promptly notify the remitting
entity. If Client is unable to post any payment due to incomplete or inaccurate information received,
Client will return payment within 48 hours of receipt.
5. Reversals of Electronic Payments. In the event that BB&T receives from any Bill Payment
Processor, a reversing entry or any other demand or notice to return any Electronic Payments for any
reason, BB&T will notify Client of such Debit Entry, reversal or return (collectively, “Reversal”) and
will transmit to Client notice of the Reversal in the Client’s Daily Report. Upon BB&T’s receipt of any
Reversal, BB&T will set off the amount of such Reversal against funds due Client in the next Daily
Payment.
6. Warranties; Indemnity. Client hereby represents and warrants to BB&T that each Electronic
Payment received by BB&T on Client’s behalf has been authorized by the named Payor thereof, and that
at the time of receipt by BB&T of any Electronic Payment in respect of a Payor and at the times such
Electronic Payment is credited to the Concentration Account and paid to Client in the Daily Payment,
such authorization has not (a) been revoked or terminated by such Payor or, (b) been terminated as a
whole or in part by operation of law. Client continually represents and warrants, so long as Client uses
the Service, that it is neither bankrupt nor insolvent, that is has not made an assignment for the benefit of
creditors or sought the protection of any bankruptcy, insolvency or similar statute governing creditors’
rights generally and does not have a present intent to do so, and that no governmental authority having
jurisdiction over it has served a notice of intent to suspend or revoke its operations. Client further
continually represents and warrants that (a) it is duly qualified, authorized and licensed to do business and
to carry out the obligations under this Agreement, and (b) to the best of its knowledge, this Agreement
does not violate any law, regulation or agreement to which Client is a party. Client must immediately
notify BB&T if at any time these representations and warranties are no longer true or will, subject to the
passage of time, become untrue.
Client shall indemnify BB&T, its parent affiliates, and their officers, directors, employees, attorneys,
agents and representatives (each an “Indemnified Person”) and hold each of them harmless from and
against any and all claims, demands, losses, liabilities, damages, judgments, disputes, charges or expenses
(including litigation expenses, costs of investigations and reasonable attorneys’ fees and costs) (each a
“Claim”) resulting directly or indirectly from BB&T’s entering into or performance under this
Agreement, unless the exclusive cause of any such Claim is BB&T’s failure to perform under this
Agreement in accordance with the standards set forth herein. Client will, at its own expense, defend any
action or proceeding brought against BB&T or any other Indemnified Person in connection with any such
Claim.
7. Liability Limitations. Client acknowledges and agrees that, due to the automated nature of many
aspects of the Service, the large volume of transactions that may occur, and Client’s desire to minimize
fees associated with the Service, BB&T shall not be liable for any damages or losses of any kind resulting
from any unintentional error or omission by BB&T in performing the Services in accordance with, or
unintentional deviation by BB&T from, the terms and conditions of this Agreement or any exhibits,
schedules or addenda attached to this Agreement. Further, Client acknowledges and agrees that if BB&T
has failed to perform under this Agreement in accordance with the standards set forth herein, BB&T’s
liability for any damages, losses or other compensation owing to Client shall be limited to interest on the
funds at issue at the average “federal funds rate” at the Federal Reserve Financial Institution of New York
41
for the period during which such breach of this Agreement remains uncorrected.
To the maximum extent permitted by law, BB&T shall not be liable for any loss, damage, liability or
claim arising, directly or indirectly, from: (i) any act or failure to act of a Bill Payment Processor or any
other third party; (ii) any event or circumstance beyond the reasonable control of BB&T, including any
fire, earthquake, natural disaster, war, civil unrest, power surge or failure, governmental act, labor dispute,
communications or computer network failure, legal constraint, whether or the possibility or likelihood of
any such event was known or contemplated by BB&T; or (iii) indirect, special or consequential damages,
regardless of the form of action and even if BB&T is advised of the possibility of such damages.
8. Service Fees. Client shall compensate BB&T for the Service in accordance with the fee schedule
attached hereto as Schedule A. Fees will be charged via ACH from the “Designated Checking Account
for Service Fees” identified in Schedule B of this agreement.
9. Term; Termination. This Agreement shall commence on the Effective Date and continue for a
period of one year ("Initial Term"). Thereafter, the term shall continue for consecutive one (1) year
periods (each a "Renewal Term" and together with the Initial Term, a "Term") unless earlier terminated as
provided for below. Either party may terminate this Agreement, with or without cause, at any time,
effective sixty (60) days after sending written notice to the other party. Notwithstanding the foregoing,
either party may terminate this Agreement immediately upon written notice to the other party in the event
of (i) a material breach of this Agreement by the non-terminating party; or (ii) the non-terminating party’s
inability to meet its debts as they come due, receivership or voluntary or involuntary bankruptcy or the
institution of any proceeding therefore, or any assignment for the benefit of the non-terminating party’s
creditors, or a determination by the terminating party, in its reasonable discretion, that the financial
condition of the non-terminating party has become impaired. The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this Agreement for whatever reason.
10. Amendment. This Agreement, including the attached Schedule and the fee schedules, may be
amended by BB&T from time to time upon written notice to Client. Any such amendment shall be
effective thirty (30) days after BB&T sends such notice to Client. In the event that performance of the
Service by BB&T would result in a violation of any present or future federal or state law, rule, statute,
regulation or policy, this Agreement shall be automatically amended to the extent necessary to comply
with such law, rule, statute, regulation or policy, and BB&T shall have no liability to Client as a result of
such amendment.
11. Disputes. Both parties agree to mediate any disputes with a mutually agreed upon mediator and each
party will bear its own costs for such mediation.
12. Notices. All notices to BB&T shall be sent to BB&T at: 2501 Wooten Blvd., SW, Wilson, NC
27893-4426. All notices to Client shall be sent to Client at Client’s last known address on the books and
records BB&T. All notices shall be given by U.S. mail (first class, postage prepaid, addressed as
indicated above), by hand delivery or by facsimile transmission providing transmittal receipt.
13. Telephonic Communications. Client consents to the recording of telephone conversations of its
personnel in connection with the Service and assumes responsibility for obtaining the consent of, and
giving of notice to, such personnel. The decision to record any telephone conversation is solely at
BB&T’s discretion and BB&T will have no liability for failing to do so.
14. Entire Agreement. This Agreement, including the attached Schedules and fee schedules from
time to time in effect, contains the entire understanding of the parties with respect to the subject matter
hereof and may not be changed or waived orally and supersedes any other understanding or agreement
42
with respect to the Service.
15. Assignment. Client shall not assign this Agreement or any rights or duties hereunder to any
third party without BB&T’s prior written consent.
16. Confidentiality. To the fullest extent allowed by law, each party represents, warrants and
mutually agrees that all information concerning the other party that comes into its possession as a result of
this Agreement and that all communications and transactions contemplated hereby shall be maintained as
confidential and shall not be used or divulged to any other party except as necessary to permit the
activities contemplated under this Agreement. BB&T may advise potential users of the Service that
Client has a relationship with BB&T.
17. No Waiver of Rights. A failure or delay in exercising any right, power or privilege in respect of
this Agreement will not be presumed to operate as a waiver and will not preclude any subsequent or
further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
18. Severability. Any provisions of this Agreement or any addendum, exhibit or schedule to this
Agreement, that is deemed invalid or unenforceable in any jurisdiction shall, as to such jurisdiction and to
the extent of such invalidity or unenforceability, be deemed replaced with a valid and enforceable
provision as similar as possible to the one replaced, and all remaining provisions of this Agreement shall
remain in full force and effect.
19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Illinois.
In witness, the parties to this Electronic Lockbox Agreement hereby acknowledge and agree to be
bound by the terms and conditions contained in this Agreement and in all exhibits, schedules and addenda
attached and made a part hereof or otherwise referenced herein.
Client BB&T
By: By:
Signature Signature
Print Name Print Name
Title Title
Address (Line 1)
Address (Line 2)
City State Zip
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SCHEDULE A
Service Fees
Client agrees to pay BB&T the following service fees:
One time setup fee……………………….…………. .$0.00
Monthly maintenance….………………….……..…. .$0.00
Per Transaction……………….……………………. .$0.10
Per swap entered…….……………………… ……….$0.00
Per reversal/return submitted........................................$0.00
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SCHEDULE B
Client authorizes BB&T to provide full administrative access to
_ ________________________ _________________(“Administrator”) including User IDs
and passwords necessary to provide support for the Service. Administrator has the authority to
make any and all changes on behalf of Client unless BB&T receives written notice to revoke this
authority.
Designated Settlement Account
Client designates the following settlement account to receive the Daily Payment.
Financial Institution Name___ _________________________
Routing Number___________ _________________________
Account Number___________ _________________________
All monthly invoices should be emailed to the attention of ___ _______ at __ ________.
Designated Checking Account for Service Fees
Client hereby authorizes BB&T to initiate debit entities for monthly service fees to our Checking
Account indicated below at the Financial Institution named below. Debits will be scheduled for
the 15th of each month for the previous month’s volume.
Financial Institution Name___ _________________________
Routing Number___________ _________________________
Account Number___________ _________________________
This authorization is to remain in full force and effect until BB&T has received written
notification of its termination in such time and in such manner as to afford BB&T a reasonable
opportunity to act on it.
45
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 Council’s consideration at this evening’s meeting.
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.
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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.
The agenda packet contained 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.
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
47
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.
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Todd Nahigian, M.A.
CROYA Manager
400 Hastings Rd. • Lake Forest, IL 60045 • 847.810.3982
nahigiat@cityoflakeforest.com • www.croya.com
MEMORANDUM
TO: Don Schoenheider, Mayor; Bob Kiely, City Manager
CC: Margaret Boyer, City Clerk
FROM: Todd Nahigian, CROYA Manager
DATE: 4-6-16
RE: Youth feedback on whether Lake Forest Starbucks should serve beer and wine
BACKGROUND
CROYA was asked to get feedback from local youth on the issue of whether the new Starbucks in Lake Forest
should be able to serve beer and wine to its customers (from approximately 5 – 10pm). The youth provided a
vast array of opinions, while asking a number of pertinent questions. The middle school youth and a
predominant number of freshmen students didn’t like the idea at all. They didn’t want a coffee shop where they
go to see their friends or to do homework to be serving alcohol. There was a big difference in the responses
from high school upper classmen. They didn’t feel this would be an issue at all. They are exposed to adults
drinking alcohol in many restaurants, even Chipotle. As long as people weren’t getting drunk and causing
problems for other customers, they saw this as part of everyday society / regular business operations. Below is
a list of the most common points brought up by the youth.
YOUTH COMMENTS
Neutral:
“Why is City Council asking for our opinion? We aren’t old enough to drink?”
“Do we really have a choice? Starbucks is a business; can we keep them from selling alcohol?”
Many students had no idea that Starbucks could sell alcohol.
“They should ask the youth in other towns where Starbucks sells alcohol.”
“If they are allowed to sell alcohol, it should be on a temporary basis to see if it causes any issues. Then
the City could make a decision for long-term.”
“Will there be separate areas, or separate floors for those drinking alcohol?”
“We didn’t think Starbucks marketed to that crowd.”
“I guess we’d end up going to the library to study.”
104
Todd Nahigian, M.A.
CROYA Manager
400 Hastings Rd. • Lake Forest, IL 60045 • 847.810.3982
nahigiat@cityoflakeforest.com • www.croya.com
Pro:
When asked if high school students would use a fake I.D. to try and purchase alcohol at Starbucks, the
overwhelming response was: “Local youth are not going to try to buy alcohol from a Starbucks in
Market Square. You would be in line with your friend’s parents, and others who would recognize you.”
“I think my parents would really like the opportunity to have a glass of wine or a beer there.”
“This would increase the number of Lake Forest College students who come into Market Square.”
I’ve been to Starbucks in Evanston a bunch, where they serve alcohol. I’ve never seen any problem.”
College students who were recently home for Spring Break felt it was really a non-issue… “no one is
going to go to Starbucks to sit and have more than one drink… they would go down the street to the
Lantern.”
Con:
“Youth see Starbucks as a good place to do homework, and they don’t want to be surrounded by people
drinking alcohol while they are trying to study.”
“Customers could be loud and potentially inappropriate.
“It’s a coffee house; we don’t want to be surrounded by drunk adults.”
“That (alcohol) is not the point of Starbucks.”
Will it hurt younger employees who aren’t able to work at a Starbucks that serves alcohol?
“Doesn’t sound like a good influence.”
“A lot of middle school students go there to do homework, and alcohol would kind of ruin the vibe.”
ADDITIONAL REMARKS:
I asked many of the students this question: “If the City of Lake Forest gives Starbucks a liquor license, would
that change your perception of how City leaders and residents view the consumption of alcohol?”
For the most part, students did not link these two items. Rather, their responses focused on how they would be
directly affected. In other words, younger students who see Starbucks as a place to hang out with friends or to
do homework, were concerned they wouldn’t be as comfortable in that environment. Older teenage students
believe Starbucks would not be a place where adults would go to have many drinks, so that serving alcohol
would not be a problem. It seemed evident that if adults began to make Starbucks feel like a bar, rather than a
café, the youth would be very disappointed.
Please let me know if you would like further explanation of any of this information.
-Todd
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2016-_____
AN ORDINANCE AMENDING THE LAKE
FOREST CITY CODE, AS AMENDED,
RELATING TO CLASSES OF
LICENSES FOR ALCOHOLIC BEVERAGES
WHEREAS, pursuant to its home rule authority and 235 ILCS 5, the City regulates
the sale and service of alcoholic liquor in the City; and
WHEREAS, the Mayor and City Council have determined that it is in the best
interests of the City and its residents to amend the City’s regulations affecting alcoholic
liquor in the manner set forth below;
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: Amendment to Section 111.036 of the City Code. Section
111.020, entitled "Local Liquor Licenses and Fees," of Chapter 111, entitled "Alcoholic
Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that said
Section shall hereafter be and read as follows:
§ 111.036 LOCAL LIQUOR LICENSES AND FEES.
(A) General. Every person engaged in the retail sale of alcoholic liquor
in the city shall pay an annual license fee. Such license fees shall be
established by the City Council by separate ordinance, which may be
amended from time to time, and are hereby incorporated into this section
as if fully set forth herein. Such licenses shall be divided into classes,
which classes shall be as follows:
(1) Class A-1 licenses, which shall authorize the retail sale of
alcoholic liquor in original package not for consumption on the
premises where sold;
(2) Class A-2 licenses, which shall authorize the retail sale of beer
and wine in original package not for consumption on the premises
where sold;
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(3) Class A-3 licenses, which shall authorize the holder of a Class
A-1 license to give away wine or beer for tasting purposes only on the
licensed premises subject to all of the terms and conditions set out in §
111.005 of this chapter;
(4) Class B-1 licenses, which shall authorize the retail sale of
alcoholic liquor for consumption either on or off the premises. Tastings
of alcoholic liquor may also take place on premises pursuant to this
Class B-1 license;
(5) Class C-1 licenses, which shall authorize the retail sale of
alcoholic liquor for consumption on the premises of a restaurant only
and served indoors, with or without a meal;
(6) Class C-2 licenses, which shall authorize the retail sale of
alcoholic liquor for consumption on the premises of a restaurant only
and served indoors, with or without a meal, or for consumption off-
premises when sold sealed in its original package;
(7) Class C-3 licenses, which shall permit the holder of any C-1,
or C-2, or C-4 licensee to provide alcoholic liquor service outdoors, but
only upon such terms and conditions as the Local Liquor
Commissioner may establish for the licensed premises and only to
the extent of such liquor service authorized by the underlying
liquor license;
(7A) Class C-4 license, Class C-1 licenses, which shall
authorize the retail sale of beer and wine only for consumption on
the premises of a restaurant only and served indoors, with or
without a meal, but only during such hours as prescribed in the
liquor license issued by the Local Liquor Commissioner;
(8) Class D-1 licenses, which shall authorize:
(a) The retail sale of alcoholic liquor by a club, to its
members and their guests for consumption on the club
premises; and
(b) For not more than four events in any calendar year, the
retail sale of alcoholic liquor in original package to its
members and their guests for consumption off the
premises where sold.
(9) Class E-1 licenses, which shall authorize the retail sale by
restaurants, hotels or residential care facilities having seating
accommodations at tables or booths for 100 or more persons, of
alcoholic liquor by the drink for consumption on the premises by
customers of the restaurant or hotel, such sales shall be exclusively
with and incidental to the ordering and serving of a complete meal to
such customer, seated at a table or booth, in the public dining room of
the restaurant or hotel, but only between the hours of 11:00 a.m. and
12:00 midnight; and which shall also authorize the retail sale of
alcoholic liquor for consumption in the public and private rooms of the
restaurant or hotel for privately sponsored parties, lunches, dinners,
receptions and similar gatherings where attendance is limited to invited
guests, but only between the hours of 11:00 a.m. and 12:00 midnight;
(10) Class F-1 licenses, which shall authorize the retail sale of
alcoholic liquor by the drink to its members by a religious, charitable,
fraternal or other not-for-profit organization, other than clubs as defined
herein, which holds periodic meetings of its members. All applications
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{00011414 2} 3
for a Class F-1 license shall state the names and addresses of all
officers of the organization, and the address of the premises upon
which the sale of alcoholic liquor will be made;
(11) (a) Class F-2 licenses, which shall authorize the retail sale of
alcoholic liquor in any of the following circumstances:
1. By the drink by religious, charitable, fraternal or other
not-for-profit organizations, for periods not in excess of
48 hours;
2. On city-owned property or on school grounds, by
members and guests of religious, charitable, fraternal or
other not-for-profit organizations and groups, for a
period not in excess of 48 hours;
3. By the drink by a person whose premises are located in
either the B-1, B-2, B-3 or B-4 zoning districts in the city,
for periods not in excess of 48 hours, and on no more
than two occasions per licensee in any calendar year;
4. At events sponsored by religious, charitable, fraternal or
other not-for-profit organizations and groups, for a
period not in excess of 48 hours at which beer and wine
may be consumed (but not given away or sold at retail)
on public property not owned by the city; or
5. On city-owned property or on school grounds, by
holders of any Class A-1, A-2, B-1, C-1, C-2 or E-1
liquor license for outdoor events open to the public for a
period not in excess of 72 hours.
(b) All applications for a Class F-2 license shall state the
names and addresses of the individual or, if the person is a business
entity or organization, all officers of such entity, the address of the
premises upon which the sale of alcoholic liquor will be made, the
estimated attendance upon the premises during the period of the
license and whether such sales will be made to the public or only to
bona fide members of the organization for which the license is
requested. Satisfactory evidence from the owner of the premises shall
be furnished showing the authorization to the applicant for the use of
said premises, including the sale of alcoholic liquor for the period for
which the license is requested.
(c) For all events taking place on city-owned property, the
applicant must also submit a proposal for the special event identifying
the type of event, proposed hours, proposed security plan, evidence
that the licensed premises is covered by insurance as provided by §
111.045(B) of this chapter so as to hold harmless the city, its elected
or appointed officials, officers, employees, agents, representatives
and attorneys from all financial loss, damage or harm, and any other
information regarding the event or applicant requested by city staff.
The event must be approved by the city in writing pursuant to its
applicable policies for such events prior to the issuance of any Class
F-2 license.
(12) (a) Class F-3 licenses, which shall authorize the retail sale
of beer and wine in any of the circumstances set forth in divisions
(A)(11)(a)1. through (A)(11)(a)5. above.
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(b) All applications for a Class F-3 license shall state the names
and addresses of the individual or, if the person is a business entity or
organization, all officers of such entity, the address of the premises
upon which the sale of beer and wine will be made, the estimated
attendance upon the premises during the period of the license and
whether such sales will be made to the public or only to bona fide
members of the organization for which the license is requested.
Satisfactory evidence from the owner of the premises shall be
furnished showing the authorization to the applicant for the use of said
premises, including the sale of alcoholic liquor for the period for which
the license is requested.
(c) For all events taking place on city-owned property, the
applicant must also submit a proposal for the special event identifying
the type of event, proposed hours, proposed security plan, evidence
that the licensed premises is covered by insurance as provided by §
111.045(B) of this chapter so as to hold harmless the city, its elected or
appointed officials, officers, employees, agents, representatives and
attorneys from all financial loss, damage or harm, and any other
information regarding the event or applicant requested by city staff.
The event must be approved by the city in writing pursuant to its
applicable policies for such events prior to the issuance of any Class F-
3 license.
(13) Class F-4 license, which shall authorize the retail sale of
alcoholic liquor on private property, by for-profit organizations and
individuals in connection with sporting events for which the public is
able to purchase tickets to attend. A separate Class F-4 license shall
be required for each vendor of alcoholic liquor associated with the
event. All applications for a Class F-4 license shall state the names
and addresses of the individual applicant or all officers of the
organization, the address of the premises upon which the sale or give-
away of alcoholic liquor will be made, the estimated attendance upon
the premises. The applicant must also submit a proposal for the
special event identifying the type of event, proposed hours, proposed
security plan and any other information regarding the event or
applicant requested by city staff.
(14) Class F-5 licenses, which shall authorize the retail sale, give
away or other dispensing free of charge, of alcoholic liquor for
consumption on the premises of any city-owned property that is
operated and occupied by a not-for-profit organization when such retail
sale, give away or other dispensing free of charge is incidental and
complementary to a special event sponsored by such not-for-profit
organization from time to time; provided, however, that, no more than
25 such special events shall be permitted during any license year. In
addition to the requirements set forth in this division (A)(14), the
applicant shall submit to all other requirements of this chapter, as
amended, as well as the State Liquor Control Act of 1934, 235 ILCS
5/1-1 et seq. Any such retail sale, give away or other dispensing free of
charge that is incidental and complementary to a special event shall
also be subject to the following conditions and limitations.
(a) The applicant shall provide written notice to the
Commissioner, or the Commissioner’s designee, no less than five
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business days prior to any special event at which alcoholic liquor
will be served. Such notice shall include the date, time, location
within the licensed premises, and number of invitees or anticipated
attendees for such special event;
(b) The applicant shall supervise, or cause to be supervised,
the retail sale, give away or other dispensing free of charge of
alcoholic liquor, to ensure that such retail sale, give away or other
dispensing free of charge of alcoholic liquor is confined to area
within the licensed premises identified in the notice to the
Commissioner and is properly monitored to ensure that no
underage consumption of alcoholic beverages is permitted. The
Liquor Control Commissioner or the Commissioner’s designee may
require the applicant to develop appropriate protocols to ensure
compliance with this division (A)(14)(b);
(c) The applicant shall not advertise, or otherwise publish
the availability of alcoholic liquor through any media or other means
of communication, with the sole exception that a mailed invitation
for a special event may advertise the availability of alcoholic liquor
at such special event;
(d) The applicant shall provide evidence to the Local Liquor
Control Commission, at the time of its application for a F-5 liquor
license, that the licensed premises is covered by dram shop liability
insurance in maximum limits so as to hold harmless the city, its
elected or appointed officials, officers, employees, agents,
representatives and attorneys from all financial loss, damage or
harm; and
(e) In connection with any special event on the licensed
premises, the Commissioner may impose such conditions and
requirements that may be reasonable or appropriate to ensure that
the public health, safety, welfare and convenience are protected
and preserved.
(15) Class F-6 licenses, which shall authorize the retail sale, give
away or other dispensing free of charge, of beer or wine for
consumption on the premises of any city-owned property that is
operated, used, or occupied by a not-for-profit organization when such
retail sale, give away or other dispensing free of charge is incidental
and complementary to a special event sponsored by such not-for-profit
organization from time to time; provided, however, that, no more than
12 such special events shall be permitted during any license year. In
addition to the requirements set forth in this division (A)(15), the
applicant shall submit to all other requirements of this chapter, as
amended, as well as the State Liquor Control Act of 1934, 235 ILCS
5/1-1 et seq. Any such retail sale, give away or other dispensing free of
charge that is incidental and complementary to a special event shall
also be subject to the following conditions and limitations.
(a) The applicant shall provide written notice to the
Commissioner, or the Commissioner’s designee, no less than five
business days prior to any special event at which alcoholic liquor
will be served. Such notice shall include the date, time, location
within the licensed premises, and number of invitees or anticipated
attendees for such special event.
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(b) The applicant shall supervise, or cause to be supervised,
the retail sale, give away or other dispensing free of charge of
alcoholic liquor, to ensure that such retail sale, give away or other
dispensing free of charge of alcoholic liquor is confined to the
area(s) within the licensed premises identified in the notice to the
Commissioner and is properly monitored to ensure that no
underage consumption of alcoholic beverages is permitted. The
Liquor Control Commissioner or the Commissioner’s designee may
require the applicant to develop appropriate protocols to ensure
compliance with this division (A)(15)(b).
(c) Unless a specific event is otherwise authorized by
resolution of the City Council, the applicant shall not advertise, or
otherwise publish the availability of alcoholic liquor through any
media or other means of communication; provided, however, that,
a mailed invitation for a special event may advertise the availability
of beer or wine at such special event.
(d) The applicant shall provide evidence to the Local Liquor
Control Commission, at the time of its application for a F-6 liquor
license, that the licensed premises is covered by dram shop liability
insurance in maximum limits so as to hold harmless the city, its
elected or appointed officials, officers, employees, agents,
representatives and attorneys from all financial loss, damage or
harm.
(e) In connection with any special event on the licensed
premises, the Commissioner may impose such conditions and
requirements that may be reasonable or appropriate to ensure that
the public health, safety, welfare and convenience are protected
and preserved.
(16) Class G-1 license, which shall authorize the retail sale of
alcoholic liquor by the drink by institutions of higher learning. Such
sales shall be limited to periods of time when groups are assembled on
the premises solely for the promotion of some common object other
than the sale or consumption of alcoholic liquor;
(17) Class G-2 license, which shall authorize the retail sale of
beer and wine in single servings by institutions of higher learning at
designated locations upon the grounds of such institutions and
accessible only to the faculty, staff, alumni and students, and pre-
registered visitors of such institution of higher learning, and their
families and guests, all of whom must be at least 21 years of age for
consumption on the licensed premises; limiting the consumption of
beer and wine to indoors on the premises provided that:
(a) Retail sales of alcoholic liquor at a Class G-2 licensed
establishment shall only be authorized to operate between the
hours of 5:00 p.m. and 12:00 a.m. daily, 11:00 p.m. Sunday
through Thursday, and from 5:00 p.m. to 1:00 a.m. on Fridays and
Saturdays; and
(b) The license application shall include a detailed plan of
the monitoring and security measures, for ensuring that the
licensed premises shall be limited to the persons to whom access
is limited.
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(18) Class H license, available only to holders of a valid existing
liquor license of any of the foregoing classes. Class H license, which
shall authorize the retail sale of alcoholic liquors by catering
establishments solely between the hours of 11:00 a.m. and 12:00 a.m.,
Sunday through Saturday, in connection with, and as an incidental part
of, the catering of food for private events at a premises not otherwise
licensed for the retail sales of alcoholic beverages. A PRIVATE
EVENT shall be defined as an event not available to the general public
except by appointment or special invitation. Such Class H licenses
shall be of two classifications:
(a) Class H-1 licenses, which shall authorize the retail sale
of beer and wine at a catered event; and
(b) Class H-2 licenses, which shall authorize the retail sale
of any alcoholic liquor at a catered event.
(19) Class I-1 licenses, which shall authorize any B-1, C-1, C-2,
C-3, D-1, E-1 or F-1 licensee to permit bring-your-own-beverages to be
consumed on the licensed premises of the type permitted by the
licensee’s license and to impose a corkage fee relating to each
container of bring-your-own-beverage of not to exceed $10 per bring-
your-own-beverage container.
(B) Term; prorating fee. Each such license shall terminate April 30 next
following its issuance. The fee to be paid shall be reduced in proportion to
the full calendar months which have expired in the year prior to the
issuance of the license.
(C) Conditions on licenses. All licenses classifications identified in this
section may be subject to additional conditions required by the
Commissioner or City Council. The conditions shall be listed on the license
and may relate to, security procedures, placement or location of alcoholic
liquor on the licensed premises, food service requirements, hours of sale
or service, or other matters that affect the health, safety and welfare of the
residents of the city.
(D) Fee waivers. The Commissioner shall have the authority to waive
any fee prescribed herein for any license on city property or any license for
an event sponsored by the city or other governmental agency.
SECTION THREE: Amendment to Section 111.037 of the City Code.
Section 111.037, entitled "Number of Licenses," of Chapter 111, entitled "Alcoholic
Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that said
Section shall hereafter be and read as follows:
§ 111.037 NUMBER OF LICENSES.
(A) The number of liquor licenses issued by the city shall be limited as follows:
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Class Maximum Number of Licenses Authorized
A-1 7
A-2 2
A-3 No more than the total number of Class A-1 licenses issued by
the city
B-1 1
C-1 5 4
C-2 9
C-3 10
C-4 1
D-1 5
E-1 2
F-1 1
F-2 As many as determined reasonable by the Commissioner
F-3 As many as determined reasonable by the Commissioner
F-4 As many as determined reasonable by the Commissioner
F-5 2
F-6 3
G-1 1
G-2 2
H-1 0
H-2 1
1-1 No more than the total number of Class B-1, C-1, C-2, C-3, D-
1, E-1 and F-1 licenses issued by the city
(B) Without further action of the City Council, the maximum number of
licenses in any class shall be automatically reduced by one upon the
expiration, revocation or non-renewal of an existing license in any such
license class.
SECTION FOUR: Establishment of Fee for Class C-4 Liquor License. The
liquor license fee for a Class C-4 license is hereby established at $1,500.00 per year. The
City’s official Fee Schedule is and shall be amended to reflect such Class C-4 license fee.
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SECTION FIVE: 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
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2016-___
AN ORDINANCE AMENDING CHAPTERS 70, 73, 78, AND 97 OF THE CITY CODE
RELATING TO TRAFFIC ENFORCEMENT AND PARKS AND PLAYGROUNDS
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, 73, 78, and 97 of the City Code; and
WHEREAS, the Panel determined that making certain changes to Chapters 70, 73, 78,
and 97 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, 73, 78, and 97 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.
SECTION TWO: Amendment to Chapter 70. Chapter 70, entitled “General
Provisions,” of Title VII, entitled “Traffic Code,” of the City Code is hereby amended as follows:
A. Section 70.047, entitled “Driving on Sidewalk,” is hereby amended in its entirety, so that
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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 Director of Community
Development, or 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.
SECTION THREE: Amendments to Chapter 73. Chapter 73, entitled “Stopping,
Standing and Parking,” of Title VII, entitled “Traffic Code,” of the City Code is hereby amended as
follows:
A. Section 73.21, entitled “Persons With Disabilities Parking,” is hereby amended by
amending Subsection (F) thereof in its entirety and adding Subsections (G)-(J), so that
Subsections (F) – (J) of Section 73.21 shall hereafter be and read as follows:
(F) A motor vehicle bearing registration plates issued to a person with disabilities,
as defined by Section 1-159.1 of the Illinois Vehicle Code, pursuant to Section 3-
616 or to a veteran with a disability pursuant to subsection (a) of Section 3-609 or
a special decal or device issued pursuant to Section 3-616 or pursuant to Section
11-1301.2 of the Illinois Vehicle Code or a motor vehicle registered in another
jurisdiction, state, district, territory or foreign country upon which is displayed a
registration plate, special decal or device issued by the other jurisdiction
designating the vehicle is operated by or for a person with disabilities shall be
exempt from any ordinance imposing time limitations on parking, except limitations
of one-half hour or less, on any street or highway, a parking area subject to
regulation under subsection (a) of Section 11-209 of the Illinois Vehicle Code, or
any parking lot or parking place which are owned, leased or owned and leased by
the city or a city parking utility; and shall be recognized by the city as a valid license
plate or parking device and shall receive the same parking privileges as residents
of this State; but, such vehicle shall be 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
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from parking where the motor vehicle constitutes a traffic hazard, whereby such
motor vehicle shall be moved at the instruction and request of a law enforcement
officer to a location designated by the officer.
(G) Any motor vehicle bearing registration plates or a special decal or device
specified in this Section or in Section 3-616 of the Illinois Vehicle Code or such
parking device as specifically authorized in Section 11-1301.2 of the Illinois Vehicle
Code as evidence that the vehicle is operated by or for a person with disabilities
or bearing registration plates issued to a veteran with a disability under subsection
(a) of Section 3-609 of the Illinois Vehicle Code may park, in addition to any other
lawful place, in any parking place specifically reserved for such vehicles by the
posting of an official sign as provided under Section 11-301 of the Illinois Vehicle
Code. Parking privileges granted by this Section are strictly limited to the person
to whom the special registration plates, special decal or device were issued and to
qualified operators acting under his or her express direction while the person with
disabilities is present. A person to whom privileges were granted shall, at the
request of a police officer or any other person invested by law with authority to
direct, control, or regulate traffic, present an identification card with a picture as
verification that the person is the person to whom the special registration plates,
special decal or device was issued.
(H) Such parking privileges granted by this Section are also extended to motor
vehicles of not-for-profit organizations used for the transportation of persons with
disabilities when such motor vehicles display the decal or device issued pursuant
to Section 11-1301.2 of the Illinois Vehicle Code.
(I) No person shall use any area for the parking of any motor vehicle pursuant to
Section 11-1303 of the Illinois Vehicle Code or where an official sign controlling
such area expressly prohibits parking at any time or during certain hours.
(J) A vehicle displaying a decal or device issued under subsection (c-5) of Section
11-1301.2 of the Illinois Vehicle Code shall be exempt from the payment of fees
generated by parking in a metered space or in a publicly owned parking area.
B. Section 73.36, entitled “Bus And Taxicab To Park Only At Designated Stands,” is hereby
amended, so that Section 73.36 shall hereafter be and read as follows:
§ 73.36 BUS AND TAXICAB TO PARK ONLY AT DESIGNATED STANDS
The driver of a bus and taxicab shall not stand or park upon any street in any
business district at any place other than at a bus stop or taxicab stand respectively,
established and as described in Ch. 78, Schs. III and IV, hereof, except that this
provision shall not prevent the driver of any such vehicle from temporarily stopping
in accordance with other stopping or parking regulations at any place for the
purpose of and while actually engaged in loading or unloading passengers.
C. Section 73.37, entitled “Bus And Taxicab Stands Not For Private Use,” is hereby
amended, so that Section 73.37 shall hereafter be and read as follows:
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§ 73.37 BUS AND TAXICAB STANDS NOT FOR PRIVATE USE
No person shall stop, stand or park a vehicle other than a bus at a bus stop, or
other than a taxicab at a taxicab stand when any such stop or stand has been
officially designated and as described in Ch. 78, Schs. III and IV, hereof, and
appropriately marked by sign or signs, except that the driver of a passenger vehicle
may temporarily stop therein for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not interfere with any
bus or taxicab waiting to enter or about to enter such zone.
SECTION FOUR: Amendments to Chapter 78. Chapter 78, entitled “Parking and
Loading Schedules,” of Title VII, entitled “Traffic Code,” of the City Code is hereby amended as
follows:
A. Schedule III, entitled “Taxi Stands,” is hereby deleted in its entirety, so that Schedule III
shall hereafter be and read as follows:
Schedule III: Reserved
B. Schedule IV, entitled “Bus Stops,” is hereby amended, with the ordinance number and
date passed to be completed upon passage of this ordinance, so that Schedule IV shall hereafter
be and read as follows:
SCHEDULE IV. BUS STOPS.
Direction Location Ord. Date
Passed
Northbound North end of Chicago Northwestern Railroad Depot waiting
room
04-
49 8-2-2004
Southbound
Located in City’s Northshore Parking Lot on the intersection
of E. Deerpath and Western Ave just over the train
tracks East side of safety island at the east end of Market
Square along Western Avenue
04-
49 8-2-2004
C. Schedule VIII, entitled “Special Permits,” is hereby deleted in its entirety, so that Schedule
VIII shall hereafter be and read as follows:
Schedule VIII: Reserved
SECTION FIVE: Amendments to Section 97.070. Section 97.070, entitled
“Watercraft Registration; Abandoned Watercraft,” of Chapter 97, entitled “Parks and
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Playgrounds,” of Title IX, entitled “General Regulations,” of the City Code is hereby amended, so
that Section 97.070 shall hereafter be and read as follows:
§ 97.070 WATERCRAFT REGISTRATION; ABANDONED WATERCRAFT.
All watercraft located or operating within the city shall be subject to subject to the
following provisions.
(A) Registration of watercraft.
(1) Any watercraft located on city property, including the boat launching and
storage area, shall be required to register with the City Department of Parks and
Recreation, regardless of whether registration with the state is required under 625
ILCS 45/3-1.
(2) Registration stickers must be visibly posted on all watercraft when located
on city property.
(B) Abandoned and apparently deserted watercraft.
(1) A watercraft shall be deemed abandoned if:
(a) Left unattended for a period of 24 hours in the boat launching basin; or
(b) Is located in the boat launching and storage area and has not been
moved or used for seven consecutive days or more and is either:
1. Not properly registered with the city pursuant to division (A) above; or
2. Is apparently deserted as provided in division (B)(2) below.
(2) (a) Any boat or watercraft located on city property, including the boat
launching and storage area, as described in § 97.066, is deemed to be apparently
deserted when the owner of which is at least 30 days past-due on the payment of
all applicable permit or storage fees.
(b) Until all past-due fines, storage, permit and administrative fees and
charges have been paid in full, the boat or watercraft shall remain classified as
apparently deserted.
(3) All abandoned watercraft are hereby declared a public nuisance and are
subject to all applicable provisions of the city code in addition to those in this
section.
(C) Impoundment and sale of abandoned watercraft.
(1) Abandoned watercraft shall be subject to impoundment by the city
pursuant to 625 ILCS 45/3C-1 et seq. (the “Act”).
(2) Failure to pay all outstanding fines, storage, permit, administrative and
impoundment fees and charges will result in disposal of said watercraft pursuant
to the Act.
(3) No watercraft shall be released from impoundment to the owner,
lienholder or other person legally entitled to the watercraft until all outstanding
fines, storage, permit, administrative and impoundment fees and charges have
been paid.
(4) Notwithstanding the terms of the Act, the owner, lien holder or other party
legally entitled to the watercraft may request an administrative hearing prior to
disposition of the watercraft.
(D) Administrative hearing. Prior to the disposition of any watercraft, an
administrative hearing, under Chapter 11 of this city code of ordinances, shall be
available to any owner, lienholder or other person legally entitled to the watercraft
regarding the watercraft’s abandonment and the amount of outstanding fines,
storage, permit, administrative and impoundment fees and charges.
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(E) Storage lien. The provisions of this section shall be in addition to, and not a
limitation upon, the rights that the city may have to file a storage lien against any
watercraft that has failed to pay all outstanding fines, storage, permit,
administrative and impoundment fees and charges as may be authorized by law.
(F) Implementation grace period.
(1) From the date this subchapter is passed, approved and published in
pamphlet form in the manner provided by law until June 1, 2011, the city shall
make every effort to ascertain and contact owners of watercraft that would be
deemed abandoned under this section.
(2) If an owner of a watercraft that would be deemed abandoned under this
section pays any and all outstanding storage, permit and administrative fees and
charges, and otherwise comes into full compliance with this section by March 31,
2011, fines applicable under § 97.999(B) will be waived.
(3) Beginning on April 1, 2011, fines as identified in § 97.999(B) will begin to
accrue.
(4) Beginning on June 1, 2011, the city will begin to implement the
impoundment and sale procedures under this section.
SECTION SIX: 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
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2016-___
AN ORDINANCE AMENDING CHAPTERS 130, 132, 133, 134, AND 135 OF THE CITY CODE
RELATING TO OFFENSES AGAINST PUBLIC MORALS, PERSONS, PROPERTY, PUBLIC
HEALTH, SAFETY, AND DECENCY, AND GENERAL PROVISIONS RELATED THERETO
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 130, 132, 133, 134, and 135 of the City Code;
and
WHEREAS, the Panel determined that making certain changes to Chapters 130, 132,
133, 134, and 135 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 130, 132, 133, 134, and 135 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.
SECTION TWO: Amendment to Chapter 130. Section 130.051, entitled “Parental
Responsibility,” of Chapter 130, entitled “General Provisions,” of Title XIII, entitled “General
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Offenses,” of the City Code is hereby amended so that Section 130.051 shall hereafter be and
read as follows:
§ 130.51 PARENTAL RESPONSIBILITY.
It shall be unlawful for any parent of a minor who resides with such parent to fail to
make all reasonable, necessary and effective efforts to prevent such minor from
violating any provision of the city code, including, but not limited to, the following
offenses:
(A) Curfew and School Curfew (§ 135.009(A));
(B) School curfew (§ 135.009(B));
(CB) Illegal possession of alcohol (Ch. 111.076);
(DC) Illegal consumption of alcohol (Ch. 111.076);
(ED) Unlawful possession of cannabis (§§ 135.028 and 135.029);
(E) Unlawful possession of controlled substance (§§135.028)
(F) Disorderly conduct (§ 135.001);
(G) Reckless conduct (§ 133.03);
(H) Battery (§ 133.02);
(I) Criminal damage to property (§ 134.03);
(J) Criminal trespass (§§ Vehicle 134.04 and Land 134.05);
(K) Theft (§§ 134.35 and Retail 134.55);
(L) Unlawful use of a weapon (§ 135.055);
(M) Or any of the offenses enumerated in Ch. 111 of this code of ordinances and
this Title XIII.
SECTION THREE: Amendment to Chapter 132. Chapter 132, entitled “Offenses
Against Public Morals,” of Title XIII, entitled “General Offenses,” of the City Code is hereby
amended as follows:
A. Section 132.03, entitled “Deviate Sexual Conduct,” is hereby deleted in its entirety.
Section 132.01, entitled “Contributing to the Sexual Delinquency of a Child,” is hereby re-
numbered as Section 132.03 and amended, so that Section 132.03 shall hereafter be and read
as follows:
§ 132.03 CONTRIBUTING TO THE SEXUAL DELINQUENCY OF A CHILD.
(A) Any person of the age of 14 years and upwards who performs or submits to
any of the following acts with any person under the age of 18 contributes to the
sexual delinquency of a child:
(1) Any act of sexual intercourse penetration;
(2) Any act of deviate sexual conduct;
(3) Any lewd fondling or touching of either the child or the person done or
submitted to with the intent to arouse or to satisfy the sexual desires of either the
child or the person or both; or
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(4) Any lewd act done in the presence of the child with the intent to arouse or
to satisfy the sexual desires of either the person or the child or both.
(B) It shall not be a defense to contributing to the sexual delinquency of a child
that the accused reasonably believed the child to be of the age of 18 or upwards.
B. Section 132.01, formerly entitled “Contributing to the Sexual Delinquency of a
Child,” is hereby amended in its entirety, so that Section 132.01 shall hereafter be and read as
follows:
§ 132.01 DEFINITIONS.
Any material or performance is OBSCENE if: (1) the average person,
applying contemporary adult community standards, would find that, taken
as a whole, it appeals to the prurient interest; and (2) the average person,
applying contemporary adult community standards, would find that it
depicts or describes, in a patently offensive way, ultimate sexual acts or
sadomasochistic sexual acts, whether normal or perverted, actual or
simulated, or masturbation, excretory functions or lewd exhibition of the
genitals; and (3) taken as a whole, it lacks serious literary, artistic, political
or scientific value.
PUBLIC PLACE means any place where the conduct may reasonably be
expected to be viewed by others.
SEXUAL CONDUCT means any knowing touching or fondling by the victim
or the accused, either directly or through clothing, of the sex organs, anus,
or breast of the victim or the accused, or any part of the body of a child under
13 years of age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim, for the purpose
of sexual gratification or arousal of the victim or the accused.
SEXUAL PENETRATION means any contact, however slight, between the sex
organ or anus of one person and an object or the sex organ, mouth, or anus
of another person, or any intrusion, however slight, of any part of the body
of one person or of any animal or object into the sex organ or anus of another
person, including, but not limited to, cunnilingus, fellatio, or anal
penetration. Evidence of emission of semen is not required to prove sexual
penetration.
C. Section 132.02, entitled “Public Indecency,” is hereby amended, so that Section
132.02 shall hereafter be and read as follows:
§ 132.02 PUBLIC INDECENCY.
(A) Any person who performs any of the following acts in a public place commits
a public indecency:
(1) An act of sexual intercourse penetration;
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(2) An act of deviate sexual conduct;
(3) A lewd exposure of the body done with intent to arouse or to satisfy the
sexual desire of the person; or
(4) A lewd fondling or caress of the body of another person of either sex.
(B) PUBLIC PLACE, for purposes of this section, means any place where the
conduct may reasonably be expected to be viewed by others.
D. Section 132.04, entitled “Prostitution,” is hereby amended, so that Section 132.04
shall hereafter be and read as follows:
§ 132.04 PROSTITUTION.
Any person who performs, offers or agrees to perform any of the following acts for
money commits an act of prostitution:
(A) Any act of sexual intercourse penetration;
(B) Any act of deviate sexual conduct.; and/or
(C) Any lewd fondling or touching of the body of another person of either sex.
E. Section 132.08, entitled “Patronizing a Prostitute,” is hereby amended, so that
Section 132.08 shall hereafter be and read as follows:
§ 132.08 PATRONIZING A PROSTITUTE.
Any person who performs any of the following acts with a person not his or her
spouse commits the offense of patronizing a prostitute:
(A) Engages in an act of sexual intercourse penetration or deviate sexual
conduct with a prostitute; and/or
(B) Enters or remains in a place of prostitute prostitution on with intent to
engage in an act of sexual intercourse penetration or deviate sexual
conduct.
F. Section 132.10, entitled “Obscenity,” is hereby amended, so that Section 132.10
shall hereafter be and read as follows:
§ 132.10 OBSCENITY.
(A) Elements of the offense. A person commits obscenity when, with knowledge
of the nature or content thereof, or recklessly failing to exercise reasonable
inspection which would have disclosed the nature or content thereof, he or she:
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(1) Sells, delivers or provides or offers or agrees to sell, deliver or provide any
obscene writing, picture, record or other representation or embodiment of the
obscene;
(2) Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene;
(3) Publishes, exhibits or otherwise makes available anything obscene;
(4) Performs an obscene act or otherwise presents an obscene exhibition of his
or her body for gain;
(5) Creates, buys, procures or possesses obscene matter or material with intent
to disseminate it in violation of this section, or of the penal laws or regulations of
any other jurisdiction; and/or
(6) Advertises or otherwise promotes the sale of material represented or held
out by him or her to be obscene, whether or not it is obscene.
(B) “Obscene” defined. A thing is OBSCENE if, considered as a whole, its
predominant appeal is to prurient interest, that is, a shameful or morbid interest in
nudity, sex or excretion, and if it goes substantially beyond customary limits of
candor in description or representation of such matters. A thing is OBSCENE even
though the obscenity is latent, as in the case of undeveloped photographs.
G. Section 132.11, entitled “Child Pornography,” is hereby amended in its entirety, so
that Section 132.11 shall hereafter be and read as follows:
(a) A person commits child pornography who:
1) films, videotapes, photographs, or otherwise depicts or portrays by means of any
similar visual medium or reproduction or depicts by computer any child whom he
or she knows or reasonably should know to be under the age of 18 or any person
with a severe or profound intellectual disability where such child or person with a
severe or profound intellectual disability is:
i. actually or by simulation engaged in any act of sexual penetration or sexual
conduct with any person or animal; or
ii. actually or by simulation engaged in any act of sexual penetration or sexual
conduct involving the sex organs of the child or person with a severe or profound
intellectual disability and the mouth, anus, or sex organs of another person or
animal; or which involves the mouth, anus or sex organs of the child or person with
a severe or profound intellectual disability and the sex organs of another person
or animal; or
iii. actually or by simulation engaged in any act of masturbation; or
iv. actually or by simulation portrayed as being the object of, or otherwise engaged in,
any act of lewd fondling, touching, or caressing involving another person or animal;
or
v. actually or by simulation engaged in any act of excretion or urination within a sexual
context; or
vi. actually or by simulation portrayed or depicted as bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in any sexual context; or
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vii. depicted or portrayed in any pose, posture or setting involving a lewd exhibition of
the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such
person is female, a fully or partially developed breast of the child or other person;
or
2) with the knowledge of the nature or content thereof, reproduces, disseminates,
offers to disseminate, exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction or depiction by
computer of any child or person with a severe or profound intellectual disability
whom the person knows or reasonably should know to be under the age of 18 or
to be a person with a severe or profound intellectual disability, engaged in any
activity described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
3) with knowledge of the subject matter or theme thereof, produces any stage play,
live performance, film, videotape or other similar visual portrayal or depiction by
computer which includes a child whom the person knows or reasonably should
know to be under the age of 18 or a person with a severe or profound intellectual
disability engaged in any activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she
knows or reasonably should know to be under the age of 18 or a person with a
severe or profound intellectual disability to appear in any stage play, live
presentation, film, videotape, photograph or other similar visual reproduction or
depiction by computer in which the child or person with a severe or profound
intellectual disability is or will be depicted, actually or by simulation, in any act,
pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
5) is a parent, step-parent, legal guardian or other person having care or custody of
a child whom the person knows or reasonably should know to be under the age of
18 or a person with a severe or profound intellectual disability and who knowingly
permits, induces, promotes, or arranges for such child or person with a severe or
profound intellectual disability to appear in any stage play, live performance, film,
videotape, photograph or other similar visual presentation, portrayal or simulation
or depiction by computer of any act or activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
6) with knowledge of the nature or content thereof, possesses any film, videotape,
photograph or other similar visual reproduction or depiction by computer of any
child or person with a severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18 or to be a person with
a severe or profound intellectual disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this subsection; or
7) solicits, or knowingly uses, persuades, induces, entices, or coerces, a person to
provide a child under the age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape, photograph, film, stage play, live
presentation, or other similar visual reproduction or depiction by computer in which
the child or person with a severe or profound intellectual disability will be depicted,
actually or by simulation, in any act, pose, or setting described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection.
(b) The possession of each individual film, videotape, photograph, or other similar
visual reproduction or depiction by computer in violation of this Section constitutes
a single and separate violation. This subsection (b) does not apply to multiple
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copies of the same film, videotape, photograph, or other similar visual reproduction
or depiction by computer that are identical to each other.
(c) It shall be an affirmative defense to a charge of child pornography that the
defendant reasonably believed, under all of the circumstances, that the child was
18 years of age or older or that the person was not a person with a severe or
profound intellectual disability but only where, prior to the act or acts giving rise to
a prosecution under this Section, he or she took some affirmative action or made
a bonafide inquiry designed to ascertain whether the child was 18 years of age or
older or that the person was not a person with a severe or profound intellectual
disability and his or her reliance upon the information so obtained was clearly
reasonable.
(d) Telecommunications carriers, commercial mobile service providers, and providers
of information services, including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section by virtue of the
transmission, storage, or caching of electronic communications or messages of
others or by virtue of the provision of other related telecommunications,
commercial mobile services, or information services used by others in violation of
this Section.
(e) The charge of child pornography shall not apply to the performance of official
duties by law enforcement or prosecuting officers or persons employed by law
enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide
treatment or professional education programs conducted by licensed physicians,
psychologists or social workers.
(f) If the defendant possessed more than one of the same film, videotape or visual
reproduction or depiction by computer in which child pornography is depicted, then
the trier of fact may infer that the defendant possessed such materials with the
intent to disseminate them.
(g) The charge of child pornography does not apply to a person who does not
voluntarily possess a film, videotape, or visual reproduction or depiction by
computer in which child pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or visual reproduction
or depiction for a sufficient time to be able to terminate his or her possession.
(h) The penalties for violating this Section are provided in § 132.99.
(i) Any film, videotape, photograph or other similar visual reproduction or depiction by
computer which includes a child under the age of 18 or a person with a severe or
profound intellectual disability engaged in any activity described in subparagraphs
(i) through (vii) or paragraph 1 of subsection (a), and any material or equipment
used or intended for use in photographing, filming, printing, producing,
reproducing, manufacturing, projecting, exhibiting, depiction by computer, or
disseminating such material shall be seized and forfeited in the manner, method
and procedure provided by either the City Code or Section 36-1 of the Illinois
Criminal Code for the seizure and forfeiture of vessels, vehicles and aircraft. In
addition, any person convicted under this Section is subject to the property
forfeiture provisions set forth in Article 124B of the Code of Criminal Procedure of
1963.
(j) Upon the conclusion of a case brought under this Section, the court shall seal all
evidence depicting a victim or witness that is sexually explicit. The evidence may
be unsealed and viewed, on a motion of the party seeking to unseal and view the
evidence, only for good cause shown and in the discretion of the court. The motion
must expressly set forth the purpose for viewing the material. The State's attorney
and the victim, if possible, shall be provided reasonable notice of the hearing on
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the motion to unseal the evidence. Any person entitled to notice of a hearing under
this subsection (k) may object to the motion.
(k) Definitions. For the purposes of this Section:
DISSEMINATE means (i) to sell, distribute, exchange or transfer possession,
whether with or without consideration or (ii) to make a depiction by computer
available for distribution or downloading through the facilities of any
telecommunications network or through any other means of transferring computer
programs or data to a computer.
PRODUCE means to direct, promote, advertise, publish, manufacture, issue,
present or show.
REPRODUCE means to make a duplication or copy.
DEPICT BY COMPUTER means to generate or create, or cause to be created or
generated, a computer program or data that, after being processed by a computer
either alone or in conjunction with one or more computer programs, results in a
visual depiction on a computer monitor, screen, or display.
DEPICTION BY COMPUTER means a computer program or data that, after being
processed by a computer either alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer monitor, screen, or display.
COMPUTER, COMPUTER PROGRAM, and DATA have the meanings ascribed
to them in Section 16D-2 of the Illinois Criminal Code.
(l) For the purposes of this Section, “child pornography” includes a film, videotape,
photograph, or other similar visual medium or reproduction or depiction by
computer that is, or appears to be, that of a person, either in part, or in total, under
the age of 18 or a person with a severe or profound intellectual disability,
regardless of the method by which the film, videotape, photograph, or other similar
visual medium or reproduction or depiction by computer is created, adopted, or
modified to appear as such. “Child pornography” also includes a film, videotape,
photograph, or other similar visual medium or reproduction or depiction by
computer that is advertised, promoted, presented, described, or distributed in such
a manner that conveys the impression that the film, videotape, photograph, or
other similar visual medium or reproduction or depiction by computer is of a person
under the age of 18 or a person with a severe or profound intellectual disability.
H. Section 132.12, entitled “Harmful Material,” will hereby have its title amended, so
that the title of Section 132.12 shall hereafter be and read as follows:
§ 132.12 DISTRIBUTION OR EXHIBITION OF HARMFUL MATERIAL.
SECTION FOUR: Amendment to Chapter 133. Chapter 133, entitled “Offenses
Against Persons,” of Title XIII, entitled “General Offenses,” of the City Code is hereby amended
as follows:
A. Section 133.99, entitled “Penalty,” is hereby amended, so that Section 133.99 shall
hereafter be and read as follows:
§ 133.99 PENALTY.
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Any person who violates any provision of this chapter shall be punished by a fine
not less than $100, nor more than $750, for each offense, a term of imprisonment
not to exceed six months, or both, unless a higher amount is set forth in any
ordinance or resolution hereafter passed by the City Council setting fees,
charges, and penalties generally.
SECTION FIVE: Amendment to Chapter 134. Chapter 134, entitled “Offenses
Against Property,” of Title XIII, entitled “General Offenses,” of the City Code is hereby amended
as follows:
A. Subsection (B) of Section 134.05, entitled “Criminal Trespass to Land,” is hereby
amended, so that Subsection (B) of Section 134.05 shall hereafter be and read as follows:
§ 134.05 CRIMINAL TRESPASS TO LAND.
* * *
(B) A person has received notice from the owner or occupant within the meaning
of division Section (A) above if he or she has been notified personally, either orally
or in writing, or if by a printed or written exhibit at the main entrance to such land
or the forbidden part thereof.
B. Subsection (A) of Section 134.06, entitled “Posting Bills on Fences, Buildings or
Poles,” is hereby amended, so that Subsection (A) of Section 134.06 shall hereafter be and read
as follows:
§ 134.06 POSTING BILLS ON FENCES, BUILDINGS OR POLES.
(A) No person shall post up or place any handbill or placard or notice or sign
upon any building, fence, telephone, light, electric or other pole, or tree or lawn or
shall mark, scratch, cut or otherwise deface any part of any building, fence or tree
box.
C. Section 134.07, entitled “Damaging Library Books or Furniture; Failure to Return
a Book,” is hereby amended, so that Section 134.07 shall hereafter be and read as follows:
§ 134.07 DAMAGING LIBRARY BOOKS OR FURNITURE; FAILURE TO RETURN A BOOK.
(A) No person shall willfully or maliciously cut, write upon, injure, deface, tear or
destroy any book, newspaper, plate, picture, engraving or statue property or
materials belonging to the public library.
(B) No person shall willfully or maliciously commit any injury upon the public library or
upon the grounds, buildings, furniture, fixtures or other property thereof.
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(C) No person shall fail to return any book materials or media belonging to the public
library, according to the requirements of the by-laws duly made and adopted by
the directors of such library for the government thereof.
D. Certain definitions in Section 134.20, entitled “Definitions,” are hereby amended,
so that certain definitions in Section 134.20 shall hereafter be and read as follows:
§ 134.20 DEFINITIONS.
PERMANENT DEPRIVATION. To:
(1) Defeat alt recovery of the property by the owner;
(2) Deprive the owner permanently of the beneficial use of the property;
(3) Retain the property with intent to restore it to the owner only if the owner
purchases or leases it back, or pays a reward or other compensation for its return;
or
(4) Sell, give, pledge or otherwise transfer any interest in the property or subject
it to the claim of a person other than the owner.
THREAT. A menace, however communicated, to:
(1) Inflict physical harm to the person threatened or any other person or on
property;
(2) Subject any person to physical confinement or restraint;
(3) Commit any criminal offense;
(4) Accuse any person of a criminal offense;
(5) Expose any person to hatred, contempt or ridicule;
(6) Harm the credit or business repute of any person;
(7) Reveal any information sought to be concealed by the person threatened;
(8) Take action as an official against anyone or anything, or withhold official
action, or cause such action or withholding;
(9) Bring about or continue a strike, boycott or other similar collective action if
the property is not demanded or received for the benefit of the group which he or
she purports to represent;
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(10) Testify or provide information or withhold testimony or information with
respect to another’s legal claim or defense; or
(11) Inflict any other harm which would not benefit the offender.
E. Subsection (D)(3) of Section 134.35, entitled “Theft,” is hereby amended, so that
Subsection (A) of Section 134.36 shall hereafter be and read as follows:
§ 134.35 THEFT.
* * *
(3) Uses, conceals or abandons the property knowingly such use, concealment
or abandonment probably will deprive the owner permanently of such use or
benefit.
F. Subsection (A) of Section 134.36, entitled “Prima Facie Evidence; Theft by
Lessee,” is hereby amended, so that Subsection (A) of Section 134.36 shall hereafter be and read
as follows:
§ 134.36 PRIMA FACIE EVIDENCE; THEFT BY LESSEE.
(A) It shall be prima facie evidence that a person “knowingly obtains or exerts
unauthorized control over property of the owner” when a lessee of the personal
property of another fails to return it to the owner within 30 10 days after written
demand from the owner for its return.
G. Section 134.39, entitled “Offender’s Interest in the Property,” is hereby amended,
so that Section 134.39 shall hereafter be and read as follows:
§ 134.39 OFFENDER’S INTEREST IN THE PROPERTY.
(A) It is no defense to a charge of theft of property that the offender has an interest
therein, when the owner also has an interest to which the offender is not entitled.
(B) Where the property involved is that of the offender’s spouse, no a prosecution
for theft may not be maintained unless the parties were not living together as man
and wife married spouses and were living in separate abodes at the time of the
alleged theft.
H. Certain definitions in Section 134.55, entitled “Definitions,” are hereby amended,
so that certain definitions in Section 134.55 shall hereafter be and read as follows:
§ 134.55 DEFINITIONS.
* * *
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OFFENSE OF RETAIL THEFT. A person commits the offense of retail theft when
he or she knowingly:
…
(3) Transfers any merchandise displayed, held, stored or offered for sale, in a
retail mercantile establishment from the container in or on which such merchandise
is displayed to any other contained container with the intention of depriving the
merchant of the full retail value of such merchandise;
…
RETAIL MERCANTILE ESTABLISHMENT. Any place where
merchandisers merchandise is displayed, held, stored or offered for sale to the
public.
I. Section 134.60, entitled “Continuation of Prior Law,” is hereby deleted, so that
Section 134.60 shall hereafter be and read as follows:
§ 134.60 RESERVED.
J. Section 134.99, entitled “Penalty,” is hereby amended, so that Section 134.99 shall
hereafter be and read as follows:
§ 134.99 PENALTY.
Any person who violates any provision of this chapter shall be punished by a fine
not less than $100, nor more than $750, for each offense, a term of imprisonment
not to exceed six months, or both, unless a higher amount is set forth in any
ordinance or resolution hereafter passed by the City Council setting fees,
charges, and penalties generally.
SECTION SIX: Amendment to Chapter 135. Chapter 135, entitled “Offenses
Affecting Public Health, Safety, and Decency,” of Title XIII, entitled “General Offenses,” of the City
Code is hereby amended as follows:
A. Section 135.002, entitled “Transmission of Obscene Messages Prohibited,” is
hereby amended, so that Section 135.002 shall hereafter be and read as follows:
§ 135.002 TRANSMISSION OF OBSCENE MESSAGES PROHIBITED.
Any person in this city who sends messages or uses language or terms which are
obscene, lewd or immoral with the intent to offend by means of or white while
using a telephone or telegraph facilities, equipment or wires of any person, firm or
corporation engages in the transmission of news or messages between states or
within the city of is guilty of an offense. The use of language or terms which are
obscene, lewd or immoral is prima facie evidence of the intent to offend.
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B. Section 135.004, entitled “Sleeping in a Public Place,” is hereby deleted, so that
Section 135.004 shall hereafter be and read as follows:
§ 135.004 Reserved.
C. Section 135.008, entitled “Loitering,” is hereby amended, so that Section 135.008
shall hereafter be and read as follows:
§ 135.008 Loitering.
(B) Certain types of loitering prohibited. It shall be unlawful for any person to
loiter in a public place in such manner as to:
…
(4) Obstruct, molest, or interfere with any person lawfully in a public place as
defined in division section (A) above. This division section (B)(4) shall include the
making of unsolicited remarks of an offensive, disgusting or insulting nature or
which are calculated to annoy or disturb a person of ordinary sensibilities so as to
cause such person to react immediately in such a way as to threaten by physical
violence the peace and good order of the public. No person shall be convicted of
loitering in a public place in violation of this section unless a police officer at the
time determined that such person was causing any of the conditions enumerated
hereinabove and such police officer, at that time, ordered the person to cease the
enumerated conducted, which police order the person refused to obey.
D. Section 135.009, entitled “Curfew,” is hereby amended, so that Section 135.009
shall hereafter be and read as follows:
(A) Definitions. For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
...
MINOR. Any person under 17 18 years of age.
(C) Defenses. It is a defense to prosecution under division section (B) above
that the minor was:
…
(D) Enforcement. Before taking any enforcement action under this section, a law
enforcement officer shall ask the apparent offender’s age and reason for being in
the public place. The officer shall not issue a citation or make an arrest under this
section unless the officer reasonably believes that an offense has occurred and
that, based on any response and other circumstances, no defense in
division section (C) above is present.
(E) A person convicted of a violation of any provision of this section shall be
guilty of a petty offense and shall be fined not more than $750, except that neither
a person who has been made a ward of the court under the Juvenile Court Act of
1987, nor that person’s legal guardian, shall be subject to any fine. ln addition to
or instead of the fine imposed by this section, the court may order a parent, legal
guardian or other person convicted of a violation of division section (B) above to
perform community service as determined by the court, except that the legal
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guardian of a person who has been made a ward of the court under the Juvenile
Court Act of 1987 may not be ordered to perform community service. The dates
and times established for the performance of community service by the parent,
legal guardian or other person convicted of a violation of division section (B) above
shall not conflict with the dates and times that the person is employed in his or her
regular occupation.
(F) School Curfew For Minors:
(1) Definitions: The following words, terms and phrases, when used in this
subsection, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
KNOWINGLY. Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inquiry or inspection.
LEGAL GUARDIAN. A person appointed guardian, or given custody, of a
minor by a circuit court of this state, but does not include a person
appointed guardian or given custody of a minor under the juvenile court
act of 1987, 705 Illinois Compiled Statutes 405/1-1 et seq.
MINOR. A person under the age of eighteen (18) years.
PARENT. A natural or adoptive parent or a court designated guardian.
UNEMANCIPATED MINOR. A minor still under the care and custody of at
least one of his or her parents or a legal guardian.
WILLFUL. Proceeding from a conscious and voluntary intentional motion of
the will.
(2) Daytime/School Curfew: It shall be unlawful for any minor who is enrolled
in any public, private, or parochial school to be present at or upon, or to
loiter, wander, stroll, or play in or upon, any street, alley, sidewalk, parkway,
park, playground, or other public place, or in or on any public building, place
of amusement or entertainment, or any vacant lot in the village, other
than school, during any hours when school is in session during the
regular school term, unless such minor is:
(a) Traveling to or from school by the most direct route; or
(b) Engaged in school related activities with written approval of school
authorities or as otherwise authorized by written school policy; or
(c) Accompanied by the minor’s parent or guardian or other person in custody or control of the minor; (d) On an errand at the direction of the minor’s parent or guardian, without any detour or stop; (e) In a motor vehicle involved in interstate travel;
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(f) Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop; (g) Involved in an emergency; (h) On the sidewalk abutting the minor’s residence or abutting the
residence of a next-door neighbor if the neighbor did not complain to the
Police Department about the minor’s presence;
(i) Attending an official school, religious. or other recreational activity
supervised by adults and sponsored by a government or governmental
agency, a civic organization or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour or stop,
an official school, religious or other recreational activity supervised by
adults and sponsored by a government or governmental agency, a civic
organization, or another similar entity that takes responsibility for the minor;
(j) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (j) Married or had been married or is an emancipated minor under the Emancipation of Minors Act.
(3) Investigatory Detention: Any police officer may stop and detain a person
whom the police officer reasonably suspects to be violating this subsection
for purpose of verifying the detained person's identity, age, school
enrollment and authority to be absent from school. The police officer shall
immediately inform the detained person of the reason for the detention and
that he or she will be released upon verification of authorization to be absent
from school. If the detained person refuses to provide the police officer with
the necessary information, or if authorization to be absent from school
cannot be verified within fifteen (15) minutes of the detention, the detained
person shall, if practicable, be taken to school authorities or a parent or legal
guardian or other adult having lawful custody or supervision of such person.
(4) First and Subsequent Violations: Any person who violates this
subsection shall be warned by any police officer forthwith to comply with
such provisions, and such officer shall also, without delay, report such
violation to his or her superior officer, who shall cause a written notice to be
served upon the parent, legal guardian or other adult having lawful custody
or supervision of such person, setting forth the manner in which this
subsection has been violated. In case any Minor, after such warning, shall
again violate any of the provisions of this subsection, he or she shall be
subject to penalties pursuant to Section 135.999.
(5) Parental Responsibility: It shall be unlawful for any parent or legal
guardian of an unemancipated minor to knowingly suffer, permit, or allow
such minor to violate any provision of this subsection.
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E. Section 135.011, entitled “Fireworks,” is hereby amended, so that Section 135.011
shall hereafter be and read as follows:
§ 135.011 FIREWORKS.
It shall be unlawful to sell, offer for sale, deliver, give, process possess or to
discharge or set off any fireworks or pyrotechnics anywhere in the city, except as
provided in § 94.01.
F. Section 135.013, entitled “Alcoholic Beverages Prohibited,” is hereby deleted, so
that Section 135.013 shall hereafter be and read as follows:
§ 135.013 Reserved.
G. Certain definitions in Section 135.040, entitled “Definitions,” are hereby amended,
so that certain definitions in Section 135.040 shall hereafter be and read as follows:
§ 135.040 DEFINITIONS.
…
DRUG PARAPHERNALIA.
…
(k) Objects used, intended for use or designed for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or hashish oil into the human
body such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without
screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetor tubes and devices;
4. Smoking and carburetor masks;
5. Roach clips: meaning objects used to hold burning material, such as a
marijuana cigarette, that has become too small or too short to be held in the
hand;
6. Chamber pipes;
7. Carburetor pipes;
8. Electric pipes;
9. Air-driven pipes;
10. Chillums;
11. Bongs; and/or
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12. Ice pipes or chillers.
13. Vape-pen 14. E-cigarettes
H. Section 135.055, entitled “Unlawful Use of Weapons,” is hereby amended in its
entirety, so that Section 135.055 shall hereafter be and read as follows:
§ 135.055 UNLAWFUL USE OF WEAPONS.
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(1) Sells, manufactures, purchases, possesses or carries any bludgeon or similar
weapon, including, but not limited to, black-jacks, slung-shots, sand-clubs, and
sand-bags, metal knuckles or other knuckle weapon regardless of its composition,
throwing star, or any knife, commonly referred to as a switchblade knife, which has
a blade that opens automatically by hand pressure applied to a button, spring or
other device in the handle of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a coil spring, elastic material
or compressed gas, or sling-shot; or
(2) Carries or possesses with intent to use the same unlawfully against another, a
dagger, dirk, billy club, dangerous knife, razor, stiletto, broken bottle or other piece
of glass, stun gun or taser or any other dangerous or deadly weapon or instrument
of like character; or
(3) Carries on or about his person or in any vehicle, a tear gas gun projector or
bomb or any object containing noxious liquid gas or substance, other than an
object containing a non-lethal noxious liquid gas or substance designed solely for
personal defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed on or about his person except
when on his land or in his own abode, legal dwelling, or fixed place of business, or
on the land or in the legal dwelling of another person as an invitee with that
person's permission, any pistol, revolver, stun gun or taser or other firearm, except
that this subsection (a) (4) does not apply to or affect transportation of weapons
that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or
other container by a person who has been issued a currently valid Firearm Owner's
Identification Card; or
(iv) are carried or possessed in accordance with the Firearm Concealed Carry Act
by a person who has been issued a currently valid license under the Firearm
Concealed Carry Act; or
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(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind designed, used or intended
for use in silencing the report of any firearm; or
(7) Sells, manufactures, purchases, possesses or carries:
(i) a machine gun, which shall be defined for the purposes of this subsection as
any weapon, which shoots, is designed to shoot, or can be readily restored to
shoot, automatically more than one shot without manually reloading by a single
function of the trigger, including the frame or receiver of any such weapon, or sells,
manufactures, purchases, possesses, or carries any combination of parts
designed or intended for use in converting any weapon into a machine gun, or any
combination or parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person;
(ii) any rifle having one or more barrels less than 16 inches in length or a shotgun
having one or more barrels less than 18 inches in length or any weapon made from
a rifle or shotgun, whether by alteration, modification, or otherwise, if such a
weapon as modified has an overall length of less than 26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or other container containing an
explosive substance of over one-quarter ounce for like purposes, such as, but not
limited to, black powder bombs and Molotov cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser or other deadly weapon in
any place which is licensed to sell intoxicating beverages, or at any public
gathering held pursuant to a license issued by any governmental body or any
public gathering at which an admission is charged, excluding a place where a
showing, demonstration or lecture involving the exhibition of unloaded firearms is
conducted.
This subsection (a)(8) does not apply to any auction or raffle of a firearm held
pursuant to a license or permit issued by a governmental body, nor does it apply
to persons engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about his person any pistol, revolver,
stun gun or taser or firearm or ballistic knife, when he is hooded, robed or masked
in such manner as to conceal his identity; or
(10) Carries or possesses on or about his person, upon any public street, alley, or
other public lands within the corporate limits of the city, except when an invitee
thereon or therein, for the purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his land or in his own abode, legal
dwelling, or fixed place of business, or on the land or in the legal dwelling of another
person as an invitee with that person's permission, any pistol, revolver, stun gun
or taser or other firearm, except that this subsection (a) (10) does not apply to or
affect transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or
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(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or
other container by a person who has been issued a currently valid Firearm Owner's
Identification Card; or
(iv) are carried or possessed in accordance with the Firearm Concealed Carry Act
by a person who has been issued a currently valid license under the Firearm
Concealed Carry Act.1
As used in this subsection (a), A STUN GUN OR TASER means (i) any device
which is powered by electrical charging units, such as, batteries, and which fires
one or several barbs attached to a length of wire and which, upon hitting a human,
can send out a current capable of disrupting the person's nervous system in such
a manner as to render him incapable of normal functioning or (ii) any device which
is powered by electrical charging units, such as batteries, and which, upon contact
with a human or clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as to render him
incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive bullet. For purposes of this
paragraph (a) “explosive bullet” means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge which will explode upon
contact with the flesh of a human or an animal. “Cartridge” means a tubular metal
case having a projectile affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube between the projectile and
the cap; or
(12) Carries or possesses on or about his or her person while in a building occupied
by a unit of government, a billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon. For the purposes of this
Subsection, BILLY CLUB means a short stick or club commonly carried by police
officers which is either telescopic or constructed of a solid piece of wood or other
man-made material.
(13) The presence in an automobile other than a public omnibus of any weapon,
instrument or substance referred to in subsection (a)(7) is prima facie evidence
that it is in the possession of, and is being carried by, all persons occupying such
automobile at the time such weapon, instrument or substance is found, except
under the following circumstances: (i) if such weapon, instrument or instrumentality
is found upon the person of one of the occupants therein; or (ii) if such weapon,
instrument or substance is found in an automobile operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his trade, then such
presumption shall not apply to the driver.
(14) Exemptions. Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic knife as defined in
paragraph (1) of subsection (a) of this Section.
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I. Section 135.056, entitled “Exemptions,” is hereby deleted, so that Section 135.056
shall hereafter be and read as follows:
§ 135.056 RESERVED.
J. Section 135.059, entitled “Unlawful Use of Air Rifles,” is hereby amended, so that
Section 135.059 shall hereafter be and read as follows:
§ 135.059 UNLAWFUL USE OF AIR RIFLES.
(A) An AIR RIFLE is any air rifle, air pistol, spring gun, spring pistol, BB gun, gas
operated gun, pellet gun, paintball gun or any implement that is not a firearm (as
defined by 430 ILCS 65/1.1) that impels a pellet or other projectile constructed of
hard plastic, steel, lead or any other material with a force that reasonably, is
capable of causing bodily harm air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.
(B) A person commits the offense of unlawful use of air rifle when he or she
knowingly carriers carries or possess in a vehicle or on or about his or her person
any air gun within the corporate limits of the city, except when on his or her own
land or in his or her own abode or fixed place of business.
(C) Nothing herein shall apply to the possession or transportation of an air rifle
if the air rifle is broken down in a non-functioning state, or if carried in a case, or if
it is not immediately accessible.
K. Subsection (B) of Section 135.060, entitled “Discharge of Firearms,” is hereby
amended, so that Subsection (B) of Section 135.060 shall hereafter be and read as follows:
§ 135.060 DISCHARGE OF FIREARMS.
(B) It shall be unlawful to discharge a firearm by a person having a firearms
owner identification card to shoot rodents or to shoot trap or skeet when done on
a property constructed range 1,000 feet from any residence or public
highway, except with the permission of the Chief of Police.
L. Subsection (A)(10) and (C) of Section 135.075, entitled “Gambling,” is hereby
amended, so that Subsection (A)(10) and (C) of Section 135.075 shall hereafter be and read as
follows:
§ 135.075 GAMBLING.
* * *
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{00012011 2} 21
(10) Knowingly transmits information as to waivers, betting odds or changes in
betting odds by telephone, telegraph, radio, semaphore or similar means; or
knowingly installs or maintains equipment for the transmission or receipt of such
information; except that, nothing in this division section (A)(10) prohibits
transmission or receipt of such information for use in news reporting of sporting
events or contests.
* * *
(C) In prosecutions under divisions sections (A)(1) through (A)(10) above,
circumstantial evidence shall have the same validity and weight as in any criminal
prosecution.
M. Section 135.093, entitled “Impersonating a Police Officer,” is hereby amended, so
that Section 135.093 shall hereafter be and read as follows:
§ 135.093 IMPERSONATING A POLICE OFFICER.
No person, unless authorized by the Ccity or an officer thereof, shall cause to be
exhibited or displayed upon his or her person, or upon any animal or vehicle, or
upon any article or substance or thing, any metal plate or tag, badge, official star
or license issued as a mark of identification.
N. Subsection (A)(1) of Section 135.108, entitled “Noise; Generally,” is hereby
amended, so that Subsection (A)(1) of Section 135.108 shall hereafter be and read as follows:
§ 135.108 NOISE; GENERALLY.
(A)(1) It shall be unlawful to cause or to make unreasonable loud noise in any
depot, store, theater, street, alley, sidewalk, park or other public place or any place
frequented by the public in the city.
O. Subsection (A) of Section 135.135, entitled “Definitions; Prohibitions,” is hereby
amended, so that Subsection (A) of Section 135.135 shall hereafter be and read as follows:
§ 135.135 DEFINITIONS; PROHIBITIONS.
VENDING MACHINE. Any mechanical, electrical or electronic, self-service device
which, upon insertion of money, tokens or any other from form of payment,
dispenses any tobacco product.
SECTION EIGHT: 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
166
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AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this _____ day of ____, 2016
Mayor
ATTEST:
Deputy City Clerk
167
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169
Wiss, Janney, Elstner Associates, Inc.
330 Pfingsten Road
Northbrook, Illinois 60062
847.272.7400 tel | 847.291.4813 fax
www.wje.com
Headquarters & Laboratories–Northbrook, Illinois
Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Honolulu | Houston
Los Angeles | Minneapolis | New Haven | New York | Princeton | San Francisco | Seattle | Washington, DC
Via Email: ellsr@cityoflakeforest.com
October 10, 2014
Mr. Robert Ells
Superintendent of Engineering
The City of Lake Forest
800 North Field Drive
Lake Forest, Illinois 60045
Re: North Shore Line Pedestrian Bridge
Lake Forest, Illinois
WJE No. 2014.2256
Dear Mr. Ells:
At the request of The City of Lake Forest (The City), Wiss, Janney, Elstner Associates, Inc. (WJE)
performed a limited condition survey of the North Shore Line Pedestrian Bridge over Westleigh Road in
Lake Forest, Illinois. The purpose of this survey was to determine the current condition of the bridge
structure in order to develop general recommendations for short-term and long-term maintenance items. In
addition, potential options to improve the aesthetics of the bridge were also considered. This letter
summarizes our findings.
Description of Structure
The North Shore Line Pedestrian Bridge (Figure 1) carries the Robert McClory bicycle/walking path over
Westleigh Road using a two-span steel girder bridge supported by one intermediate concrete pier and
concrete abutments at each end. The bridge is oriented in approximately the northwest/southeast direction.
The clear spacing between the abutment walls is approximately 100 feet, measured longitudinally along the
centerline of the superstructure. The superstructure consists of three steel girders connected with closely-
spaced intermediate floor beams, as shown in Figure 2. The east and west fascia girders are mostly encased
in concrete as shown in Figures 1 and 2. In addition, the top portion of the middle girder is encased in
concrete. The steel superstructure supports a concrete deck, which is protected by a waterproofing
membrane. On the east side of the deck, the waterproofing membrane is covered with fill and an asphalt
surface, as shown in Figure 3. In addition, two sets of concrete stairs are located near the north abutment of
the pedestrian bridge, which originally provided access between Westleigh road and the top surface of the
bridge.
The North Shore Line Pedestrian Bridge was originally constructed to carry rail traffic, but has since been
converted to carry the bicycle/walking path. A bridge of similar construction is located approximately 75
feet to the west and carries two sets of Union Pacific railroad tracks over Westleigh Road. This rail structure,
originally C. & N.W. Ry. as shown in Figure 4, is not owned by The City. A continuous concrete retaining
wall connects the south abutment walls of the two structures, as shown in Figure 5. We understand that the
date of original construction is unknown and that drawings are not available for either structure.
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Mr. Robert Ells
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Scope of Work
The North Shore Line Pedestrian Bridge is experiencing typical deterioration of the steel elements, such as
paint failures and surface corrosion. Similarly, the concrete elements exhibit cracking, staining,
efflorescence, delaminations, spalling, and freeze-thaw damage in local areas. As a result, The City
requested that WJE perform a field investigation to evaluate cost-effective options to improve the
appearance of the bridge structure, particularly the concrete abutments, piers, and fascia girders. The scope
of the field investigation was expanded to also include recommendations for general maintenance and/or
rehabilitation. Detailed evaluation or load rating analyses were not included in the scope of work.
WJE performed a condition survey on August 13, 2014 to document the existing conditions of the deck,
railings, superstructure, substructure, retaining walls, and concrete stairs for the North Shore Line
Pedestrian Bridge. Although not officially part of the scope of work, a brief limited inspection was also
performed on the adjacent railroad bridge structure. Conditions were documented with field notes and
photographs. Approximate repair quantities were also measured for each item.
Findings
Overall the North Shore Line Pedestrian Bridge is in fair condition with areas of widespread paint failure
and areas of advanced freeze-thaw deterioration of the concrete. The condition of each bridge element is
described in more detail below. Recommendations for each bridge element have been divided into three
categories:
1. Safety Concerns: High or medium-priority conditions that require action to restore the bridge’s
safety features, structural capacity, and/or functionality.
2. Aesthetic Improvements: Potential work items that could be performed to improve the overall
appearance of the bridge from the roadway level, but are not necessarily needed to improve
the performance or extend the life of the bridge. These work items may include pressure
washing, painting, and/or staining.
3. Maintenance Items: Work items intended to extend the service life of the structure, such as
concrete repairs or painting the steel superstructure.
It should be noted that addressing safety concerns (Category 1) or performing aesthetic improvements
(Category 2) may not necessarily slow the progress of the ongoing deterioration. The maintenance items
(Category 3) typically address the deterioration and combining all proposed maintenance items into a single
project would constitute a full bridge rehabilitation.
Approximate cost estimates are also presented in the discussion of each bridge element below. The cost
estimates are intended for general planning purposes and a more detailed investigation may be needed to
obtain detailed documentation of repair quantities and locations, or to prepare repair drawings and
specifications for the repair item. The cost estimates shown below are based on our experience with similar
work and recent pay item bid prices provided by the Illinois Department of Transportation; however, the
quantities for the North Shore Line Pedestrian Bridge are relatively small, so actual costs may vary
significantly. In other words, these estimates are intended to give an “order of magnitude” for the work and
will likely vary from cost proposals received from contractors who might bid on the work, since these costs
will depend on their selected approach to the work and on their anticipation of the difficulties. Also note
that these costs approximate access items such as traffic control, aerial lifts, etc., as it is unclear if this work
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The City of Lake Forest
October 10, 2014
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will be performed on its own or in conjunction with other items. In general, individual repair costs will
decrease with an increase in scope of work due to Contractor efficiencies for items such as mobilization,
staging, access, and traffic control.
Substructure (Abutment Walls, Wingwalls, Center Pier, and Retaining Walls)
The concrete substructure elements, consisting of the abutment walls, wingwalls, center pier, and retaining
walls, are in fair condition overall. Typical substructure elements are shown in Figures 5 through 8. These
elements exhibit localized areas of deterioration, such as delaminations and spalling, as shown in Figure 9.
Some of this deterioration is a result of moisture intrusion, map cracking, and freeze-thaw damage, as shown
in Figures 10 and 11. Vertical cracking was also noted in various abutment wall, wingwall, and retaining
wall elements, an example is shown in Figure 12. The concrete elements also exhibit different degrees of
staining, as shown in Figure 13. Options to address these conditions include:
1. Safety Concerns: None.
2. Aesthetic Improvements: Many surfaces of the concrete elements exhibit varying levels of
moisture staining and efflorescence. In addition, some surfaces have an existing coat of paint
(Figure 6), which likely covers graffiti markings. Aesthetic improvement options are:
a. Prepare the concrete surfaces by abrasive blasting and apply a silane sealer to protect
the concrete from moisture. The abrasive blasting will remove most stains and
efflorescence in order to give the concrete a somewhat uniform appearance. High
pressure washing may be slightly less expensive than abrasive blasting; however, a test
area would be recommended to ensure that pressure washing is able to remove the
various coatings, stains, and contaminants from the surface of the concrete. Special
procedures may also be necessary in areas of existing coatings or graffiti. Approximate
cost: $25,000 to $30,000.
b. In addition to the sealing option above, the concrete surfaces can be made uniform by
staining or painting. The coating applied should be breathable and compatible with the
concrete sealer. A stained surface will require less maintenance over time; however, a
paint coating will be easier to address areas of graffiti in the future as it is easier to
color match the surface. This option considers a coating applied to the concrete walls
facing Westleigh Road and a sufficient end return on all wingwalls that are visually
shielded by vegetation. Approximate cost: $40,000 to $60,000 (includes preparation
work in option 2a).
c. The installation of a stone veneer was also considered for this project; however, many
of the products available do not have the durability to withstand the exposure to the
elements and salt spray during the winter months. In addition to the high initial cost,
there will likely be a significant cost for ongoing maintenance. Also, the sidewalk
along the north side of Westleigh road has an existing clear width of 4 ft.-6 in. and a
stone veneer would encroach upon this clearance. Therefore, we do not believe that a
stone veneer is a cost effective option for improving the appearance of this structure.
3. Maintenance Items: Repairs to address the ongoing concrete deterioration include:
a. Abrasive blasting and the application of a silane sealer to the vertical surfaces of the
concrete elements, as discussed in substructure option 2a above, will help to limit
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Mr. Robert Ells
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October 10, 2014
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intrusion of moisture and the advancement of freeze-thaw damage. Approximate cost:
$25,000 to $30,000.
b. Repairs of deteriorated concrete affected by corrosion of the reinforcing steel and/or
freeze thaw damage. Approximate cost: $30,000 to $40,000.
c. Chemical injection of vertical cracks in the concrete walls. Approximate cost: $10,000
to $15,000.
d. Abrasive blasting and the application of a silane sealer on the horizontal surfaces (tops)
of abutment walls, pier, wingwalls, and retaining walls to help limit moisture intrusion.
Approximate cost: $7,500 to $10,000.
Superstructure
The steel superstructure is in fair condition overall. The steel elements exhibit widespread paint failure and
surface corrosion, as shown in Figure 14; however, the steel does not appear to exhibit areas of significant
section loss. Continued exposure of the bare steel to salt spray from below and leakage through the deck
from above will cause ongoing corrosion and section loss of the structural steel elements. The east and west
concrete fascia beams exhibit conditions similar to the substructure elements, such as cracking,
efflorescence, and moisture staining, as shown in Figures 15 and 16. The fascia beams could not be accessed
for sounding, but the freeze-thaw damage on the vertical surfaces of the fascia beams appeared to be similar
to the vertical surfaces of the concrete substructure elements. However, the top surfaces of the concrete
fascia beams, which is allowed to saturate due to standing water, exhibited severe freeze-thaw damage, as
shown in Figure 17. Options to address these conditions include:
1. Safety Concerns: Ongoing deterioration of the concrete fascia beams could lead to concrete
spalls that may present an overhead falling hazard. Based on our limited visual inspection, it
did not appear that any concrete was loose at this time; however, we recommend the condition
of the concrete fascia beams be monitored during future routine inspections and any loose
concrete be removed if necessary.
2. Aesthetic Improvements: The concrete fascia beams exhibit moisture staining and efflorescence
similar to that of the substructure elements. As a result, the approach to improve the appearance
is similar. Aesthetic improvement options are:
a. Prepare the concrete fascia girder surfaces by abrasive blasting and apply a silane
sealer to protect the concrete from moisture. The abrasive blasting will remove most
stains and efflorescence in order to give the concrete a somewhat uniform appearance,
which will also match the appearance of substructure option 2a. Approximate cost:
$15,000 to $20,000.
b. In addition to the sealing option above, the concrete surfaces can be made uniform by
staining or painting. The coating applied should be breathable and compatible with the
concrete sealer. A stained surface will require less maintenance over time; however, a
paint coating will be easier to address areas of graffiti in the future as it is easier to
color match the surface. This option considers a coating applied to the vertical and
underside surfaces of the fascia beams. The color of a paint or stain coating could be
selected to complement the color selected for the substructure elements. Approximate
cost: $25,000 to $30,000 (includes preparation work in option 2a).
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c. The appearance of the steel superstructure will be improved by painting, as presented
in superstructure option 3a below.
3. Maintenance Items: Repairs to address the ongoing steel and concrete deterioration include:
a. Abrasive blasting and painting of the steel superstructure to limit ongoing surface
corrosion and future section loss. Approximate cost: $300,000 to $400,000. (Note that
this cost does not include the abatement of lead-based paint, if present.)
b. Abrasive blasting and the application of a silane sealer to the surfaces of the concrete
fascia beams, as discussed in superstructure option 2a above, will help to limit intrusion
of moisture and the advancement of freeze-thaw damage. Approximate cost: $15,000
to $20,000.
c. Repairs of deteriorated concrete affected by corrosion of the reinforcing steel and/or
freeze thaw damage. Approximate cost: $50,000 to $70,000.
Concrete Deck
Although a majority of the top surface is covered, the conditions on the underside of the concrete deck
indicates that the deck is in fair condition overall. At one time, the top surface of the concrete deck was
protected by a waterproofing membrane and protection board; however, this waterproofing system is in
poor condition. The protection board has become brittle and the waterproofing membrane has deteriorated
and is no longer providing moisture protection. The deteriorated protection board and waterproofing
membrane, as shown in Figure 18, has deteriorated to the point that it appears to be holding moisture against
the concrete deck rather than protecting the deck from moisture. Poor drainage on the top surface of the
bridge also allows water to collect against the concrete deck. A 1-ft by 1-ft inspection opening in the
deteriorated waterproofing membrane was made at a representative location on the concrete deck. This
inspection opening revealed that the top surface of the concrete deck had disintegrated, likely from freeze-
thaw damage, as shown in Figure 19. Failure of the waterproofing membrane and deterioration of the
concrete deck has also resulted in a substantial build-up of efflorescence at various locations on the deck
underside, as shown in Figure 20. Options to address these conditions include:
1. Safety Concerns: None.
2. Aesthetic Improvements: None.
3. Maintenance Items: Although a majority of the deck is hidden from direct view, the condition
of the waterproofing membrane and the inspection opening indicates that the concrete deck
may be beyond a cost effective repair.
a. Replacement of the concrete deck would involve the installation of temporary
protective shielding, removal of the existing deck, fill, and asphalt walking path, and
the placement of a new concrete deck. A waterproofing membrane may not be required
for the new deck if water is properly routed on the deck with the inclusion of proper
deck slopes and new drains. Should there be a desire to landscape one half of the
structure or reinstall the asphalt walking path (rather than use the bare concrete deck
as the walking surface), then a waterproofing membrane is recommended. This work
could be done in two stages in order to maintain the bike path during the deck
replacement. Approximate cost: $250,000 to $350,000.
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October 10, 2014
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b. The deck condition may be satisfactory below the top layer of disintegrated concrete;
however, a condition study including removal of concrete cores at several inspection
openings would be required to determine the remaining service life of the concrete
deck. As an alternate to replacement, the top surface could be milled off to provide a
sound substrate for a new waterproofing membrane. Replacement of the milled surface
may or may not be needed depending on the depth of deterioration and the remaining
cover on the reinforcing steel. Approximate cost: $70,000 to $100,000. The cost of a
deck condition study is estimated to be $25,000 to $30,000, which would include the
field investigation, inspection openings, concrete core removal, patching the deck
cores, chloride testing, a petrographic analysis, and the service-life modeling.
Access Stairs
The access stairs on each side of the north abutment are in fair condition overall. It should be noted that the
northeast stairway permits access between the Westleigh Road sidewalk and the walking path atop the
bridge, but a steel barricade restricts similar access at the top of the northwest stairway The vertical wall
alongside the stairs typically exhibits cracking and efflorescence, as shown in Figure 21. The horizontal
(top) surface of the vertical wall has moderate to severe freeze-thaw damage, as shown in Figure 22. This
freeze-thaw deterioration has resulted in a build-up of stones and debris on the surface of the stairs (Figure
21). In addition, the pilasters and knee walls at the ends of the vertical wall exhibit severe freeze-thaw
deterioration that has resulted in disintegration of the pilaster tops, as shown in Figure 23. Selected stair
treads also exhibit spalling similar to that shown in Figure 24.
Northeast Access Stairs. Should the northeast access stairs remain in use, the following options are
available to address the observed conditions:
1. Safety Concerns: Routine maintenance is recommended to prevent obstructions and tripping
hazards, such as trimming the overgrown vegetation that blocks the headroom of the stairway
and clearing the build-up of debris and stones that is present on the stair treads. In addition,
concrete repairs are recommended on the few stair treads that exhibit spalling.
2. Aesthetic Improvements: Although much more advanced, the vertical walls, knee walls, and
pilasters exhibit moisture staining, efflorescence, and freeze-thaw deterioration similar to that
of the substructure elements. As a result, the approach to improve the appearance is similar.
Aesthetic improvement options are:
a. Perform concrete repairs to the concrete pilasters, vertical walls, and knee walls to
address the freeze-thaw deterioration. Approximate cost: $20,000 to $30,000.
b. As an alternate to northeast stair option 2a above, sawcut approximately six inches of
the top of the wall and 12 inches from each pilaster to remove the freeze-thaw
deterioration. While this option may be more cost effective, it will alter the original
appearance of the stairway and may not meet code requirements for railing heights.
Localized repairs will also be required at isolated locations on the vertical walls,
pilasters, and knee walls. In addition, a waterproofing membrane is recommended on
the saw-cut surfaces to protect the newly exposed reinforcing steel. Approximate cost:
$20,000.
c. Prepare the concrete surfaces by abrasive blasting and apply a silane sealer to protect
the concrete from moisture. The abrasive blasting will remove most stains and
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Mr. Robert Ells
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efflorescence in order to give the concrete a somewhat uniform appearance, which will
also match the appearance of substructure option 2a. Approximate cost: $3,000.
d. In addition to the sealing option above, the concrete surfaces can be made uniform by
staining or painting. The coating applied should be breathable and compatible with the
concrete sealer. This option considers a coating applied to the top and inside faces of
the vertical wall and all faces of the pilasters, but not to the stair treads. The color of a
paint or stain coating could be selected to complement the color selected for the
substructure elements. Approximate cost: $4,000 (includes preparation work in option
2c).
e. Repair and repaint the steel handrail along the sides of the stairway. Approximate cost:
$2,000.
3. Maintenance Items: Repairs to address the ongoing concrete deterioration include:
a. Perform concrete repairs to the concrete pilasters, vertical walls, and knee walls to
address the freeze-thaw deterioration. Approximate cost: $20,000 to $30,000.
b. Prepare the concrete surfaces by abrasive blasting and apply a silane sealer to protect
the concrete from moisture. The abrasive blasting will remove most stains and
efflorescence in order to give the concrete a somewhat uniform appearance, which will
also match the appearance of substructure option 2a. Approximate cost: $3,000.
Northwest Access Stairs. It is our understanding that there are no plans to put the northwest stairway back
into service; therefore, the following options are available to address the observed conditions:
1. Safety Concerns: Install a barricade at the base of the stairway to prevent pedestrian access and
clear the build-up of debris and stones on the sidewalk adjacent to the stairway.
2. Aesthetic Improvements: If this stairway will not be put back into service, a cost effective
aesthetic improvement is to convert the stairway into a planter for shrubs, trees, flowers, or
other vegetation. This would involve demolition of the lower pilaster and construction of a
concrete end wall at the base of the stair way. This would create a basin to place fill, soil, and
trees or shrubs for decoration. The finished elevation of the soil could be adjusted using
different fill layers, depending on what was to be planted. Drainage inside the basin could be
achieved through drain tiles at various elevations that extend through the vertical wall or by
holes cored into the stair treads. Waterproofing the vertical wall surfaces, including the
wingwall, would help slow the advancement of concrete deterioration on these elements. This
aesthetic improvement is shown schematically in Figure 25. Approximate cost: $6,000 to
$15,000.
3. Maintenance Items: Provided that this stairway is not put back into service, ongoing
deterioration of the concrete stairway elements is only an aesthetic concern and maintenance
to limit future deterioration is not required. Should the stairway be placed back in service,
maintenance options and costs similar to northeast access stair options 2e, 3a, and 3b would be
recommended.
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Westleigh Road Sidewalk and Railing
A concrete sidewalk exists along the north edge of Westleigh Road, as shown in Figure 26. A rail is present
to separate pedestrian traffic from vehicular traffic. It does not appear that the railing has been designed to
resist vehicular loading. Concrete deterioration of the sidewalk exists at various locations, as shown in
Figure 27, which may present a trip hazard for pedestrians. In addition, the south edge of the sidewalk has
several areas of concrete deterioration and/or spalling due to apparent impact damage near the railing posts
(Figure 28), locations of previous post bases (Figure 29), or general deterioration of the concrete and
previous patch repairs (Figure 30). Damaged and corroded fence panels were also observed, as shown in
Figures 31 and 32, respectively. Options to address these conditions include:
1. Safety Concerns: Repair of the compromised railing post supports is a safety recommendation;
however, it is not an immediate concern because the pedestrian railing does not appear to be
designed to resist vehicular impact loads. This would include concrete repairs to the south edge
of the sidewalk, including reestablishment of proper railing post anchorage, and replacement
of damaged railing panels. In addition, localized concrete repairs to the top surface of the
sidewalk would address potential trip hazards. Approximate cost $30,000 to $45,000.
2. Aesthetic Improvements: None.
3. Maintenance Items: Maintenance of the railing can be addressed using one of two approaches:
a. Locally repair all damaged/deteriorated areas of concrete along the south edge of the
sidewalk, replace damaged/corroded railing panels, and localized repairs to the top
surface of the sidewalk to address potential trip hazards. This is the same as Safety
Concern (option 1), but also includes rehabilitating deteriorated concrete on the south
(vertical) edge of the sidewalk between the existing railing post bases. Approximate
cost: $30,000 to $55,000.
b. Temporarily remove the existing railing and demolish the south edge of the concrete
sidewalk. Replace the edge of the sidewalk with a concrete beam that is properly
reinforced to confine the anchorage for the railing post bases and reinstall the existing
railing. Damaged and/or corroded railing panels would also be replaced. Approximate
cost $55,000 to $80,000.
Union Pacific (C&NW) Railway Bridge
The C&NW Railway Bridge to the west was not included in our scope of work, but a brief condition survey
was performed to determine the general condition of the bridge structure for the purpose of improving the
aesthetics. Overall, the condition of this structure is similar to the condition of the North Shore Line
Pedestrian Bridge. The concrete substructure elements are experiencing freeze-thaw damage, as shown in
Figures 33 and 34. The concrete fascia beams have staining that is similar to the other concrete substructure
elements (Figure 34).The steel superstructure has widespread paint failure and light surface corrosion
(Figure 35). Due to the limited access, observations were not made on the top surface of this bridge
structure. The assumed limits of the Union Pacific Railway Bridge, for cost estimating purposes, is shown
in Figures 5 and 34. The structure to the west of the red line shown in these figures is assumed to be owned
by the Union Pacific Railway. This bridge is not owned by The City, so the options presented below are for
discussion purposes only.
1. Safety Concerns: Inspection was limited, none were identified.
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October 10, 2014
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2. Aesthetic Improvements: Abrasive blasting with possible painting or staining could be
performed on the concrete substructure elements to match the approach selected on the North
Shore Line structure. Approximate cost $10,000 to $15,000 for abrasive blasting and
application of a silane sealer and an additional $8,000 to $10,000 for the application of a paint
coating or stain. It is unclear what approval is required to perform this work; however, these
costs do not include railroad protective liability insurance, training for the crews, or flaggers,
which could significantly increase these costs.
3. Maintenance Items: A close-up inspection could not be performed to determine the condition
of the concrete beams; however, costs for painting and concrete repairs are anticipated to be
similar to the North Shore Line Pedestrian Bridge shown in substructure options 3b, 3d, and
superstructure options 3a, 3b, and 3c. The condition of the deck is unknown and repair or
replacement costs would be similar to options 3a and 3b for the concrete deck plus costs for
railway coordination, removal and replacement of the tracks and ballast, and any associated
costs resulting from the construction schedule and/or loss or rail service during this work. It is
our understanding that repairing deteriorated concrete elements and/or painting of the steel
superstructure may be beyond the scope of any rehabilitation project, as this bridge is not
owned by The City.
Other Maintenance Items
Several other maintenance items were identified during the condition survey of the North Shore Line
Pedestrian Bridge. Addressing each of these items individually may not be warranted, but if a large scale
rehabilitation project was planned, these following items should be considered:
Unclog the storm sewer catch basin and drain lines at the base of the northeast stairwell (Figure
36) to help prevent water runoff onto the adjacent sidewalk.
Replace the asphalt-paved approaches on the walking path that have experienced cracking
and/or settlement.
Repair the curbs along Westleigh Road in the vicinity of the bridges (Figure 37).
Replace the asphalt pavement below the bridge structure, which currently has several patch
repairs (Figure 38).
Repair, replace, or clean the storm sewer drains at street level below the bridge structure if they
are susceptible to clogging or flooding.
Summary
WJE performed a limited field investigation and condition survey of the North Shore Line Pedestrian Bridge
located over Westleigh Road in Lake Forest Illinois. Overall the bridge was found to be in fair condition as
it typically exhibited paint failure of the steel superstructure and freeze-thaw damage of the concrete
substructure, superstructure, and deck elements. This pedestrian bridge was converted from a railroad
bridge, so the design loads for the current structure are significantly less than the original design intended.
Several repair/rehabilitation options are discussed in this report in order to address safety concerns, improve
the aesthetic appearance from the roadway below, and/or to address ongoing deterioration for the purposes
of extending the service life of the bridge. Recommendations to address safety concerns include eliminating
trip hazards on the northeast stairway and sidewalk, installing a barricade at the base of the northwest
stairway, repairing the metal railing along the sidewalk, and monitoring the condition of the concrete fascia
girders during future routine inspections. Proposed options for aesthetic improvements focus on preparing
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The City of Lake Forest
October 10, 2014
Page 10
concrete surfaces by abrasive blasting (or possibly pressure washing) to achieve a uniform appearance.
Breathable paints or stains may be considered to further enhance the appearance. Several maintenance items
are discussed to address the ongoing deterioration of the bridge, which is primarily freeze-thaw
deterioration of the concrete elements and paint failure/surface corrosion of the steel superstructure.
Cost estimates for each repair/rehabilitation option are presented. It should be noted that each cost is
intended to be a rough order of magnitude of the budget required to complete each item, and a more detailed
investigation may be needed to obtain detailed documentation of repair quantities and locations, or to
prepare repair drawings and specifications for the repair item. In addition, the quantities for the North Shore
Line Pedestrian Bridge are relatively small, so actual costs may vary from those shown here. Proper
scheduling of the work and grouping several items together will create access and mobilization efficiencies
for the Contractor, which will likely translate into a cost savings. Aesthetic improvements to the bridge
structure are estimated to be in the range of $60,000 to $130,000, while a full rehabilitation of the bridge
structure is on the order of $650,000 to $1,000,000, depending on the options selected. These cost estimates
do not include any associated costs for engineering and construction inspection, which can vary greatly
depending on the scope of work selected. Furthermore, repair and rehabilitation projects often require other
structural, functional, and/or geometric upgrades or design exceptions depending on the types of funding
used—none of which have been considered here.
We appreciate the opportunity to assist The City of Lake Forest with this project. We would be happy to
discuss any of the options and costs presented herein after a repair/rehabilitation scope and budget is more
clearly defined. In the meantime, please do not hesitate to call with any questions.
Sincerely,
WISS, JANNEY, ELSTNER ASSOCIATES, INC.
Douglas D. Crampton, P.E., S.E.
Associate Principal and Project Manager
Licensed Structural Engineer
Illinois No. 6108
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The City of Lake Forest
October 10, 2014
Page 11
Figure 1. View of the North Shore Line Pedestrian Bridge facing west, note that the west fascia girder is a
steel girder encased in concrete.
Figure 2. Superstructure framing for the North Shore Line Pedestrian Bridge. (Arrow points to the
concrete-encased fascia girder shown in Figure 1.)
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The City of Lake Forest
October 10, 2014
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Figure 3. View of the top surface of the pedestrian bridge, facing southeast.
Figure 4. View of the adjacent Union Pacific (formerly C. & N.W.) Railway bridge facing east.
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The City of Lake Forest
October 10, 2014
Page 13
Figure 5. Retaining wall connecting the south abutments of the two bridge structures. The red line shows
the assumed limits of the Union Pacific Railroad structure for cost estimating purposes.
Figure 6. Partial view of the north abutment and northwest wingwall. Note cracking and efflorescence on
the wingwall vertical extension and the paint coating used to cover graffiti markings.
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The City of Lake Forest
October 10, 2014
Page 14
Figure 7. View of the center pier facing west.
Figure 8. View of the southeast wingwall. Note the cracking with efflorescence and the staining below the
concrete fascia girder.
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The City of Lake Forest
October 10, 2014
Page 15
Figure 9. Concrete spall on the north face of the center pier.
Figure 10. Cracking and efflorescence on the center
pier due to freeze-thaw deterioration. Arrow indicates
moderate to severe freeze-thaw damage of the
horizontal surface at the top of the pier.
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The City of Lake Forest
October 10, 2014
Page 16
Figure 11. Moderate to severe freeze-thaw damage at the top of the south retaining wall.
Figure 12. Vertical crack with moisture staining noted
on the north abutment wall.
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The City of Lake Forest
October 10, 2014
Page 17
Figure 13. Various degrees of staining noted on the south retaining wall
Figure 14. Widespread paint failure and light surface corrosion noted on the steel superstructure.
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The City of Lake Forest
October 10, 2014
Page 18
Figure 15. Various degrees of staining, graffiti, and paint coatings noted on the east fascia girder.
Figure 16. Cracking and efflorescence noted on the concrete fascia girders, west fascia girder shown.
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The City of Lake Forest
October 10, 2014
Page 19
Figure 17. Severe freeze-thaw deterioration of the concrete encasing the top flange of the steel girders.
Arrow indicates exposed portion of the girder steel top flange plate.
Figure 18. Severe deterioration and disintegration of the protection board over the waterproofing
membrane.
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October 10, 2014
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Figure 19. Inspection opening revealed a severely deteriorated waterproofing membrane and
disintegration of the top surface of the concrete deck.
Figure 20. Heavy efflorescence leaching through cracks in the concrete deck indicates that the
waterproofing membrane is no longer functioning.
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October 10, 2014
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Figure 21. Cracking, efflorescence, and light to moderate freeze-thaw deterioration on the vertical wall of
the stairway, northeast stairway shown.
Figure 22. Moderate freeze-thaw deterioration on the horizontal surface (top) of the stairway vertical
wall, northeast stairway shown.
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The City of Lake Forest
October 10, 2014
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Figure 23. Severe freeze-thaw deterioration of the stairway pilaster, northwest stairway shown.
Figure 24. Deterioration of a concrete stair tread.
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The City of Lake Forest
October 10, 2014
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Figure 25. Schematic showing the creation of a planter box in place of the northwest stairway.
Figure 26. Overall view of the sidewalk and metal rail, facing east, along the north edge of Westleigh
Road.
Install fill materials and soil
to create a planter box
adjacent to the wingwall.
Install a concrete wall at the
base of the stairs to complete
the planter box.
Demolish the deteriorated
pilaster, knee wall, and lower
stair treads.
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The City of Lake Forest
October 10, 2014
Page 24
Figure 27. Example of concrete deterioration observed in the concrete sidewalk.
Figure 28. Concrete damage at the base of an existing railing post.
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October 10, 2014
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Figure 29. Concrete damage at the base of a previous
railing post.
Figure 30. General deterioration of the south edge of the concrete sidewalk.
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October 10, 2014
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Figure 31. Impact damage to a fencing panel of the metal railing.
Figure 32. Corrosion of a fencing panel within the metal railing.
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Figure 33. Freeze-thaw damage noted on the center pier of the Union Pacific Railroad (formerly C&N.W.)
structure.
Figure 34. Cracking and efflorescence on the center pier of the Union Pacific Railroad structure. Also
note the varying levels of staining on the concrete fascia girder. The red line shows the assumed limits of
the Union Pacific Railroad structure for cost estimating purposes.
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The City of Lake Forest
October 10, 2014
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Figure 35. Widespread paint failures and light surface corrosion of the steel superstructure.
Figure 36. Brush, debris, and sediment in the catch basin at the northeast corner of the North Shore Line
bridge.
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The City of Lake Forest
October 10, 2014
Page 29
Figure 37. Deterioration of the concrete curb along Westleigh Road (arrow). Also note the deterioration
of the concrete repair patch along the south edge of the sidewalk (circle).
Figure 38. View of the asphalt roadway below the bridge facing west. Arrows indicate previous asphalt
patch repairs.
198
Wiss, Janney, Elstner Associates, Inc.
330 Pfingsten Road
Northbrook, Illinois 60062
847.272.7400 tel | 847.291.4813 fax
www.wje.com
Headquarters & Laboratories–Northbrook, Illinois
Atlanta | Austin | Boston | Chicago | Cleveland | Dallas | Denver | Detroit | Honolulu | Houston
Los Angeles | Minneapolis | New Haven | New York | Princeton | San Francisco | Seattle | Washington, DC
Via Email: ellsr@cityoflakeforest.com
January 20, 2015
Mr. Robert Ells
Superintendent of Engineering
The City of Lake Forest
800 North Field Drive
Lake Forest, Illinois 60045
Re: Aesthetic Improvements of the North Shore Line Pedestrian Bridge
Supplement to the WJE Letter dated October 10, 2014
WJE No. 2014.2256
Dear Mr. Ells:
Wiss, Janney, Elstner Associates, Inc. (WJE) performed a limited condition survey of the North Shore Line
Pedestrian Bridge over Westleigh Road in Lake Forest, Illinois. This condition survey was performed for
the City of Lake Forest (The City) and the short-term and long-term maintenance items are summarized in
our report dated October 10, 2014. During a recent meeting, The City expressed an interest in possibly
performing aesthetic improvements during the upcoming year. In addition, The City requested approximate
time frames for other short-term and long-term maintenance items. At your request, we have prepared this
letter to supplement our October 2014 report.
Description of Structure
The North Shore Line Pedestrian Bridge (Figure 1) carries the Robert McClory bicycle/walking path over
Westleigh Road using a two-span steel girder bridge supported by one intermediate concrete pier and
concrete abutments at each end. The bridge is oriented in approximately the northwest/southeast direction.
The clear spacing between the abutment walls is approximately 100 feet, measured longitudinally along the
centerline of the superstructure. The steel superstructure consists of three longitudinal girders connected
with closely-spaced transverse floor beams, as shown in Figure 2. The east and west fascia girders are
mostly encased in concrete as shown in Figures 1 and 2. The North Shore Line Pedestrian Bridge was
originally constructed to carry rail traffic, but has since been converted to carry the bicycle/walking path.
A bridge of similar construction is located approximately 75 feet to the west and carries two sets of Union
Pacific railroad tracks over Westleigh Road. This rail structure, originally C. & N.W. Ry. as shown in
Figure 3, is not owned by The City. A continuous concrete retaining wall connects the south abutment walls
of the two structures, as shown in Figure 4.
Results of the Condition Survey
Overall the bridge was found to be in fair condition as it typically exhibited paint failure of the steel
superstructure and advanced freeze-thaw damage of the concrete substructure, superstructure, and deck
elements. Detailed descriptions of the observed conditions, including figures, is presented in our October
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January 20, 2015
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2014 report. In this report, recommendations for each of the noted conditions were divided into three
categories:
1. Safety Concerns: High or medium-priority conditions that require action to restore the bridge’s
safety features, structural capacity, and/or functionality.
2. Aesthetic Improvements: Potential work items that could be performed to improve the overall
appearance of the bridge from the roadway level, but are not necessarily needed to improve
the performance or extend the life of the bridge. These work items may include pressure
washing, painting, and/or staining.
3. Maintenance Items: Work items intended to extend the service life of the structure, such as
concrete repairs or painting the steel superstructure.
It should be noted that addressing safety concerns (Category 1) or performing aesthetic improvements
(Category 2) may not necessarily slow the progress of the ongoing deterioration. The maintenance items
(Category 3) typically address the deterioration and combining all proposed maintenance items into a single
project would constitute a full bridge rehabilitation.
Project Phasing
Recommendations for each of the observations noted during the condition survey were presented in our
October 2014 report. It is our understanding that The City would like to divide these recommendations into
three Phases outlined below. It should be noted that the costs presented are intended to be a rough order of
magnitude of the budget required to complete each phase, and a more detailed investigation may be needed
to obtain detailed documentation of repair quantities and locations, or to prepare repair drawings and
specifications for the repair item.
Phase 1: Aesthetic Improvements. This phase is intended to improve the appearance of the bridge
when viewed from the roadway, such as driving by in an automobile. Therefore, the primary areas
of focus will be the east fascia girder and wingwalls of the North Shore Line Bridge, the west fascia
girder and wingwalls of the C&NW Bridge, and possibly a portion of the north abutment of the
North Shore Line Bridge. The improvements will include abrasive blasting to remove the existing
moisture staining, efflorescence, and paint coatings. The addition of various coatings, such as a
silane sealer, an anti-graffiti coating, stain, and paint were also investigate. In addition, we
understand that this phase may also include the conversion of the severely deteriorated northwest
stairwell into a planter. Reportedly, this phase may take place within the next year. Costs and
options for the Phase 1 work are described in the sections below.
Phase 2: Interim Maintenance. In general, this phase would include concrete repairs to address
the observed deterioration in the abutment walls, wing walls, retaining walls, and concrete portions
of the superstructure on the North Shore Line Bridge. Abrasive blasting and sealing concrete
surfaces would also be performed in those areas not completed in Phase 1. In addition, repair or
replacement of the pedestrian railing along the north edge of Westleigh Road would be included in
this phase. We understand that The City intends to complete this phase of the project in the next
three to five years; however, it should be noted that certain maintenance items may increase in
priority if future inspections reveal that the condition has changed. For example, impact damage to
the pedestrian railing or loose, deteriorated concrete over/adjacent to traffic may increase the
priority of these items, thus reducing the recommended maintenance window. The cost for the
interim Phase 2 maintenance work is estimated to be in the range of $175,000 to $275,000 (2015
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Mr. Robert Ells
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January 20, 2015
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dollars). This estimate does not consider the likely increase in concrete repair quantities by the time
the project is underway. Specific maintenance items may be delayed depending on the anticipated
schedule for a rehabilitation or replacement (Phase 3). In other words, certain maintenance items
may not be required if the bridge is scheduled for replacement in Phase 3.
Phase 3: Full Rehabilitation or Replacement. This phase includes a full rehabilitation of the bridge
superstructure, including painting the steel elements and rehabilitation or replacement of the
concrete deck. We understand this phase of the project is at least seven to ten years away. The cost
of this phase is estimated to be $450,000 and $850,000 (2015 dollars) depending on the extent of
the rehabilitation. This cost includes an allowance for additional concrete repairs and the re-
application of the silane sealer performed during Phase 1, but does not include the abatement of
lead-based paint, if present on the steel superstructure. Alternately, the existing North Shore Line
Bridge could be demolished and replaced with a steel truss structure similar to the bridge over
Woodland Road. The cost of a replacement bridge is estimated to be $500,000 to $600,000 (2015
dollars), which would include removal of the existing structure, modification to the existing pier
and abutments, and the erection of a two-span steel truss bridge. If lead paint is present on the
existing structure, the abatement costs would also be much less. The expected lifespan of a new
pre-fabricated steel truss bridge is on the order of 25 years, but would generally require less
maintenance. If the existing structure was to be rehabilitated, ongoing maintenance would still be
required due to the age of the structure. A life-cycle cost analysis is suggested once this phase of
the project nears and after testing is conducted to evaluate the existing paint coating for the presence
of lead.
Phase 1: Aesthetic Improvements
In order to improve the appearance of the concrete surfaces with high visibility, various methods of surface
preparation and coating were investigated. Given the various levels of moisture staining, graffiti, and paint
coatings on the concrete surfaces (Figures 1, 3, 4, 5, 6 and 7), abrasive blasting is the preferred option to
achieve the greatest likelihood for a more uniform appearance of the surface. The abrasive blasting should
remove most stains and efflorescence in order to give the concrete a somewhat uniform appearance.
Pressure washing was also considered, but this method will not be as effective at abrasive blasting with a
sand or slag grit. In addition, acid cleaning was also considered; however, many chemical products are
aggressive, can damage the concrete substrate, may result in a streaky appearance, and are often hazardous
to people and the environment.
After abrasive blasting to clean the surface of the concrete, the application of a silane sealer is a cost-
effective option to help limit moisture intrusion and slow the progression of freeze-thaw deterioration.
Therefore, we recommend that at least one coat of silane be applied to the concrete surface after abrasive
blasting is performed to improve the aesthetics. When applied correctly, the silane does not change the
appearance of the natural concrete surface. Other coatings were also investigated and their advantages and
disadvantages are discussed below:
Typical Anti-graffiti Coating: Anti-graffiti coatings often come in two varieties, permanent and
sacrificial. Graffiti that is washed from permanent coatings does not require that coating be
reapplied. Pressure washing graffiti from a sacrificial coating requires that the coating be reapplied.
Disadvantages of this type of system is that anti-graffiti coatings often have a semi-gloss
appearance, which changes the natural finish of the concrete. In addition, these coatings may not
“breathe” and will trap moisture in the concrete, which can lead to accelerated concrete
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Mr. Robert Ells
The City of Lake Forest
January 20, 2015
Page 4
deterioration. Because many of the treated surfaces are abutment walls and retaining walls, a typical
anti-graffiti coating is not recommended for this application.
Silane-based Anti-graffiti Coating: One silane-based anti-graffiti coating was identified during
this investigation. As discussed above, silanes are an effective way to seal the concrete surfaces.
Furthermore, silanes permit the concrete to “breathe” and allow trapped water vapor to escape the
concrete. The silane will also not significantly alter the natural appearance of the concrete surface.
The City may wish to consider this type of coating for this project if frequent graffiti tagging is
considered to be an issue; however, it is not known if the silane-based anti-graffiti coating would
be as effective as the more common acrylic- or epoxy-based anti-graffiti coatings.
Concrete Stain: Acid stains are often an effective way to cover inconsistencies in the concrete
surface. The stain reacts with the cement paste to color the surface. Stains do not necessarily seal
the concrete surface, so the stain must be compatible with the silane sealer, if used. The appearance
of the stained surface is affected by the age of the concrete. Given the age of this structure, the
chances of achieving a more uniform surface appearance are improved. Streaks or blotches may
occur due to improper installation or variations in the substrate; however, the color often fades over
time, which results in a more uniform appearance. Examples of bridges where concrete stains were
used include the Westleigh Road and Old Elm Road Bridges over the Skokie River.
Paint Coating: Paint coatings are the easiest way to address graffiti; however, the natural
appearance of the concrete surface is lost. The paints must also be “breathable” to allow vapor to
escape the concrete. The performance of a paint coating also depends on the surface preparation of
the concrete and the cleanliness of the surface at the time of installation. Currently a paint coating
that matches the color of the concrete is present on the east side of the north abutment. This existing
coating appears to be performing well, however it is sheltered from the elements. Other paint
coatings (Figures 3, 5, and 6) show changes from the natural concrete appearance and exhibit
varying degrees of performance. If frequent tagging is a concern, the paint coating can be reapplied
to cover the graffiti, with a good chance of blending in with the surrounding existing coating.
Prior to selecting a surface finish, it is recommended that one or more mock-ups be installed in a selected
test area. The mock-ups will evaluate the degree to which the existing staining and paint coatings can be
removed. They will also reveal the appearance of the trial coatings, prior to applying the surface preparation
and finish techniques on large scale.
Based on our discussions with The City, we understand that converting the northwest stairwell into a planter
for shrubs, trees, flowers, or other vegetation will also be considered for the Phase 1 aesthetic
improvements. This would involve demolition of the lower pilaster and construction of a concrete end wall
at the base of the stair way, as shown in Figure 8. This would create a basin to place fill, soil, and trees or
shrubs for decoration. If desired, the planter could be terraced up the stairwell. The finished elevation of
the soil could be adjusted using different fill layers, depending on what was to be planted. Drainage inside
the basin could be achieved through drain tiles at various elevations that extend through the vertical wall or
by holes cored into the stair treads. Waterproofing the vertical wall surfaces, including the wingwall, would
help slow the advancement of concrete deterioration on these elements. Other maintenance items such as
cleaning loose debris from stair rails and treads and trimming vegetation over the northeast stairwell is also
recommended for this project.
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January 20, 2015
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Estimate of Project Cost
While the exact scope of work is up to The City, two options were considered for the purposes of estimating
Phase 1 costs for this project. The first option considered that the most visible surfaces will be addressed
using the abrasive blasting and coating methods discussed above. Option 1 considered highly visible
surfaces including the east fascia girder (Figure 1), the east and west ends of the center pier, as well as the
northeast, southeast (Figure 7), and northwest (Figure 6) wingwalls of the North Shore Line Bridge. In
addition, Option 1 considers the west fascia girder (Figure 3), ends of the center pier, and portions of the
northwest and southwest wingwalls of the C&NW Rail Bridge. In total this includes approximately 7,500
square feet of concrete surfaces. Option 2 considers all of Option 1 plus the remaining concrete surfaces
that are visible from the roadway, including the other two fascia girders, the remaining wingwalls, and the
segment of retaining wall (Figure 4) between the south abutments of the bridges. Option 2 includes
approximately 15,000 square feet total.
At the request of The City, WJE met with DaVinci Painters Inc. (DaVinci) from Highland Park, Illinois.
The purpose of the meeting was to discuss the overall scope of the project so that WJE can verify the
original cost estimate amounts stated in the October 2014 report. DaVinci confirmed the original unit cost
estimates for abrasive blasting and coating, which are approximately $3 per square foot for abrasive blasting
and the application of one coat of silane sealer. An additional $1 to $2 per square foot is estimated for a
second coat using silane, stain, or paint. These costs do not include the costs for mobilization, traffic control,
nighttime work hours, or access such as scaffolding or boom lifts.
Based on these costs, we estimate that 7,500 square feet of concrete surfaces can be treated for a cost
between $45,000 and $55,000. Treating all 15,000 square feet of concrete surfaces is estimated to cost
between $80,000 and $95,000. The aesthetic improvements for the C&NW Rail Bridge is approximately
25% of the total project cost. In addition, we estimate the cost of converting the northwest stairwell into a
planter at approximately $15,000 to $20,000 plus an additional $10,000 for the fill materials and
plants/shrubs, if performed in conjunction with the aesthetic improvements. These estimates are intended
to give an “order of magnitude” for the work and will likely vary from cost proposals received from
contractors who might bid on the work, since these costs will depend on their selected approach to the work
and on their anticipation of the difficulties. In general, costs will decrease with an increase in scope of work
due to Contractor efficiencies for items such as mobilization, staging, access, and traffic control.
WJE would be happy to assist The City develop drawings and specifications for this work. The drawings
would identify the limits of the aesthetic improvements after it is selected by The City. The drawings would
also describe the stairwell conversion into a planter, including specific details for waterproofing and
connections for the new concrete wall. In addition, the specifications would present the proper materials
and surface preparation techniques for the work. Furthermore, WJE would coordinate with a contractor
selected by The City during the installation of one or more mock-ups. The exact scope of work is unknown
at this time, but a budget of $15,000 is recommended for these engineering services, which will be billed
on a time and expense basis.
Summary
WJE performed a limited condition survey of the North Shore Line Pedestrian Bridge located over
Westleigh Road. Several options to address safety concerns, improve the aesthetic appearance from the
roadway below, and/or to address ongoing deterioration for the purposes of extending the service life of the
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Mr. Robert Ells
The City of Lake Forest
January 20, 2015
Page 7
Figure 1. View of the North Shore Line Pedestrian Bridge facing west, note that the fascia girders are steel
girders encased in concrete.
Figure 2. Superstructure framing for the North Shore Line Pedestrian Bridge. (Arrow points to the
concrete-encased fascia girder shown in Figure 1.)
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The City of Lake Forest
January 20, 2015
Page 8
Figure 3. View of the adjacent Union Pacific (formerly C. & N.W.) Railway bridge facing east.
Figure 4. Retaining wall connecting the south abutments of the two bridge structures. The red line shows
the assumed limits of the Union Pacific Railroad structure for cost estimating purposes.
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The City of Lake Forest
January 20, 2015
Page 9
Figure 5. Various degrees of staining, graffiti, and paint coatings noted on the east fascia girder.
Figure 6. Partial view of the north abutment and northwest wingwall. Note cracking and efflorescence on
the wingwall vertical extension and the paint coating used to cover graffiti markings.
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The City of Lake Forest
January 20, 2015
Page 10
Figure 7. View of the southeast wingwall. Note the cracking with efflorescence and the staining below the
concrete fascia girder.
Figure 8. Schematic showing the creation of a planter box in place of the northwest stairway.
Install fill materials and soil
to create a planter box
adjacent to the wingwall.
Install a concrete wall at the
base of the stairs to complete
the planter box.
Demolish the deteriorated
pilaster, knee wall, and lower
stair treads.
208
1256 Old Skokie Road
Highland Park, IL 60035
www.divincipainters.com
Phone: 847.266.1295
Fax: 847.266.1296
March 17, 2016 Proposal 25624MF
Michael Thomas
City of Lake Forest
800 N. Field Drive
Lake Forest, IL 60045
(847) 234-2600
thomasm@cityoflakeforest.com
RE: Westleigh Bridges (East and West)
Westleigh Road and Sheridan Road
Lake Forest, IL 60045
We propose to furnish the paint materials and labor necessary for the completion of the following work:
Specified Exterior:
1. Areas to be cleaned two (2) faces of bridge (from North to South), center median (all sides), East embarkment wall to
stairs, West embarkment wall to center of wall heading towards West bridge.
2. Painted areas and rust to be sandblasted to bare concrete. All other area to be treated with masonry cleaner and
power washed to remove dirt, salt and grime.
General Notes:
Excludes stairs to upper level and fence at top
City of Lake Forest to provide traffic control and water to site.
The above work will be done in accordance with the specifications submitted and will be completed in a professional manner
for the sum of $35,785.00
Respectfully submitted:
Mike Foley, Principal
209
1256 Old Skokie Road
Highland Park, IL 60035
www.divincipainters.com
Phone: 847.266.1295
Fax: 847.266.1296
Terms and Conditions:
The Contract Specifications and Conditions of Contract on file at DiVinci Painters, Inc. (“DiVinci Painters”) are hereby
incorporated into this contract.
Any addition or variation to the above specifications causing extra costs will be in addition to the original estimate. All
agreements are contingent upon strikes, accidents and weather delays beyond our control. Owner must carry Fire and other
necessary insurance on the property where work is done.
30% of the Total Contract Price is payable upon acceptance and Progress Billings may be issued monthly, through completion.
A monthly interest charge of 1.5% shall be applied against the Progress Billings as interest charges are applied on all invoices
remaining unpaid after 30 days. Progress Billing payments will be applied on a percentage of completion basis. When using a
Title company, it is the responsibility of the owner to notify DiVinci Painters, Inc. (“DiVinci Painters”) of processed and available
payouts.
This contract may be withdrawn by DiVinci Painters if not accepted within 90 days.
Public Liability insurance on the above work is provided by DiVinci Painters through Acuity Mutual Insurance Company.
DiVinci Painters may ask to take pictures of your project that may or may not be shown on our website. We do not disclose any
information about your property or your name. If you object to pictures being taken, please indicate by checking the box
provided and we will not take pictures of your project.
If accepted, please sign one (1) copy and return to our office with your deposit. If you have any questions, please feel free to
contact our office, or your Project Manager.
The prices, specifications and conditions shown above have been read and understood, and are hereby accepted. DiVinci
Painters, Inc. is authorized to do the work as specified. Payments will be made as outlined above.
Scheduling will commence upon receipt by DiVinci Painters of the signed proposal and deposit.
Acceptance of Proposal 25624MF
Signature:
Date:
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Athletic Field Usage Policy – FY16 Page 1
Lake Forest Parks and Recreation Department
Athletic Field Usage Policy
FY16 (May 2015-April 2016)
The Athletic Field Prep Policy was established in the Fall of 2003 and amended in the spring of 2016 by the The Lake Forest Parks and
Recreation Department (City) and the Parks and Recreation Board to offset the increasing maintenance costs with user fees. These
user fees were established to cover all direct variable costs associated with the special use of the parks by the various athletic
associations. By submitting the completed permit application (attached), the athletic association (user) will assume any and all risks
associated with their special use in our any City Parks. User agrees to pay fees to the City at the discretion of Staff. Request for
payment may be at the time of application or at the conclusion of the requested dates, depending on what Classification the user
falls into.
User agrees that while they use our parks they will adhere to the requirements of the Americans with Disabilities Act (ADA). Further,
User is responsible for compliance with the ADA and indemnifies the City of Lake Forest for liability arising out of the renters’ failure
to comply with the ADA.
Upon approval by the City, the completed permit application acts as a contract between User and City. Any failure to abide by the
terms of the agreement will result in revocation of the User’s permit and the City will not be liable to issue reimbursement of fees.
Any User is subject to revocation of a field use permit, may appeal the decision to the Parks and Recreation Board.
1) All Non-Lake Forest Recreation Department programs, leagues and associations must submit a seasonal field
use permit at least 30 days prior to the start of their season. To be eligible to rent fields the requesting group
must be comprised of at least four teams and not be in conflict with City programs. Single teams are not
eligible to rent fields. The permit must be filled out by an officer of the requesting group who resides within
the Lake Forest City Limits. All one time uses must fill out a park/pavilion permit form.
2) Priority for fields will be based on the following criteria:
a. First priority is for all Lake Forest Parks & Recreation Department sponsored programs.
b. Second priority is for School District # 67 sponsored programs.
c. Third priority is for Lake Forest based Not-For-Profit athletic associations and other local school district sponsored
programs.
d. Fourth priority is for Lake Forest based For-Profit athletic association sponsored programs.
e. Fifth priority is for non-resident groups based on the approval of the Superintendent of Recreation.
3) At the time of application, all requesting groups must submit the appropriate information and meet all of the
requirements listed below.
a. A completed permit form (attached).
b. Appropriate fees - due prior to the first day of use.
c. $150 refundable litter deposit returned after the completion of the season if litter is picked up regularly by the
requesting group.
d. Proof of comprehensive general liability insurance listing The City of Lake Forest, The Lake Forest Parks &
Recreation Department, and their Staff as additional insured in the amount of not less than $2,000,000.
e. Proof of 67% Lake Forest residency requirement for the entire Association.
i. Lake Bluff residents are included into the calculation for soccer groups only.
ii. Only the official state or league approved rosters will be accepted on their forms.
f. A statement of purpose of that organization including:
i. State filing status from the State of Illinois or School Conference.
ii. Proof of an active Board of Administrators or Officers.
g. Annual Park and Recreation Board approval.
i. One time appeal if original request denied.
h. League Schedules for each team.
4) The City of Lake Forest will not be held liable for any damage, injury or death associated with the placement and use of the
athletic associations goals within the parks while in season. It is the responsibility of the renting athletic association to move their
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Athletic Field Usage Policy – FY16 Page 2
goals from the park at the conclusion of each season and store such goals off-site. Non-City owned goals will no longer be stored in
our parks during the off seasons. Please refer to the Soccer Goal Safety and Education Policy for further detail.
5) The renting athletic association agrees that while they use our parks they will adhere to the requirements of the
Americans with Disabilities Act (ADA). Further, the renter is responsible for compliance with the ADA and indemnifies
the City of Lake Forest for liability arising out of the renters’ failure to comply with the ADA.
By signing the permit application, User agrees to all provisions listed in this document and also agrees that field space is ALWAYS
subject to availability and approval by City staff.
Before consideration of approval is made, USER must:
• Submit completed permit application at least 30 days before the start date of the program/league;
o Alongside application, submit a $150 refundable (per team), litter deposit (in the form of a check) which will be
returned after the completion of the season if litter is picked up regularly by the requesting group;
• Submit prior to first practice/game date;
o Submit proof of comprehensive general liability insurance listing The City of Lake Forest, The Lake Forest Parks &
Recreation Department, and their Staff as additional insured in the amount of no less than $2,000,000;
o Submit to Lake Forest Recreation Department Athletic Staff complete rosters of all teams;
Rosters MUST include player addresses
o Submit to Lake Forest Recreation Department Athletic Staff league/practices schedules for all teams;
o For classification I & II, the organization must submit a statement of purpose of that organization including:
State filing status from the State of Illinois or School Conference
Proof of an active Board of Administrators or Officers
Fees Section I – General Parks Labor & Materials
These fees were established to offset all direct variable costs associated with general parks labor and materials and will increase
between 3% & 5% each May. Any additional time associated with any User league or programming will be billed at a rate of man hour
and maintenance costs.
6) Fees
a. Diamond Rentals
i. Includes 8 game preparations per team
1. Preparation 1 ($95.48 per game) $763.85 per team
a. Includes grooming, chalk foul lines
equipment & materials, man hours &
field set up (bases & pitching rubber)
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2. Preparation 2 ($101.85 per game) $814.77 per team
a. Includes grooming, chalk foul lines &
batters boxes, equipment & materials,
man hour & field set up (bases & pitching rubber)
ii. Practices are included at no charge unless services are requested.
1. Practice preparation upon request $40.31 per field
iii. Additional Fees
1. Diamond watering $36.07 per field
2. Turface (drying agent) $10.61 per bag
3. Lights (per diamond) $75.00 per hour
4. Additional Games $95.48 per game (prep 1)
$101.85 per game (prep 2)
5.1. Overtime: after 3:00 p.m. & Weekends $53.05 per hour
b. Grid Fields (Soccer, Field Hockey, Lacrosse, Tackle Football)
i. Game Fields
1. 12 week season $2,232.13 per field
a. Includes initial field layout, goal placement
and 11 weekly maintenance trips including
equipment and materials, man hours, full striping
& bleachers.
Price without goals $1,915.99 per field
ii. Practice Fields
1. 12 week season $2,114.37 per field
a. Includes initial field layout, goal placement
and 11 weekly maintenance trips, including
equipment and materials, man hours and
limited striping.
Price without goals $1,798.23 per field
iii. Deerpath Micro Fields (12 week season) Price without goals $239.76 per field
c. Additional charges
i. Additional bleachers 3 tier $61.53
5 tier $66.84
ii. Lights (per diamond) $75.00 per hour
iii. Goal anchoring $158.07 per goal
d. Any additional time will be billed at a rate of man hour and maintenance costs.
e. As part of any rental, They City assumes garbage pickup and disposal responsibilities but all Athletic Groups are
expected to keep the parks they rent clean of litter at all times.
1. Diamond Rentals (Practices are included at no charge unless extra services are requested):
a. Preparation 1 $ 98 / game
i. Grooming, chalk foul lines, equipment & materials, man hours & field set up (bases & pitching rubber)
b. Preparation 2 $ 105 / game
i. Grooming, chalk foul lines & batters boxes, equipment & materials, man hours & field set up (bases &
pitching rubber)
2. Special Diamond Rental Fees:
a. Practice preparation (upon request & only dragging) $ 42 / field
b. Diamond watering (upon request) $ 37 / field
c. Turface (drying agent) $ 11 / bag
d. Lights (per diamond) $ 77 / hour
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Athletic Field Usage Policy – FY16 Page 4
e. Additional Games $ 98 / game (prep 1)
$ 105 / game (prep 2)
f. Overtime (after 3:00 p.m. & Weekends) $ 55 / hour / staff person
3. Grid Field Rentals (Soccer, Field Hockey, Lacrosse, Tackle Football):
a. Game Fields
i. Fee with Goals $ 2,299 / field (12 weeks)
ii. Fee without goals $ 1,973 / field (12 weeks)
• Initial field layout, goal placement (if applicable) and 11 weekly maintenance trips including
equipment and materials, man hours, full striping & bleachers
b. Practice Fields
i. Fee with Goals $ 2,178 / field (12 weeks)
ii. Price without goals $ 1,852 / field (12 weeks)
• Initial field layout, goal placement and 11 weekly maintenance trips, including equipment and
materials, man hours and limited striping
c. Special Grid Field Rental Fees:
i. Deerpath Micro Fields without Goals $ 247 / field (12 weeks)
ii. Additional bleachers $ 63 (3 Tier)
$ 69 (5 Tier)
iii. Deerpath Park Lights (per diamond) $ 77 / hour
iv. Goal anchoring $ 163 / goal
Upon approval by the City, the completed permit application acts as a contract between the renting athletic
association and The City of Lake Forest. Any failure to abide by the terms of the agreement will result in revocation of
the athletic associations permit and no reimbursement of fees. Any athletic association subject to revocation of a field
use permit may appeal the decision to the Parks and Recreation Board. By signing the permit form you agree to all above
provisions.
Fees Section II – User Classifications & Rental Fees
These Classifications were established in the spring of 2016 to separate Users based on criteria in relation to their alignment with
City policies & philosophies and to current City programing. These fees are rental fees to be paid to The Lake Forest Recreation
Department in addition to the General Parks Labor & Materials Fees, which are paid to the Lake Forest Parks Department, listed on
Page 2.
User MUST meet ALL criteria in a specific classification to be considered eligible for that classification. If User does not meet all
criteria in a specific Classification, they will qualify for the next lowest classification, as long as they meet all the criteria in that
classification.
User Class placement is always subject to availability & staff approval. For a detailed description of Lake Forest Recreation
Department Athletic programming, please contact the Lake Forest Recreation Department Athletics Program Manager (847) 234-
6700.
Classification I
1. Lake Forest Recreation Department Programming;
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Athletic Field Usage Policy – FY16 Page 5
2. Non-Competing Organizations/Programs to current Lake Forest Recreation Department programs and is a Lake Forest
Resident Based Organizations (67% or more, residential participation).
Class I Rental Fees – Class I ONLY pays General Parks Labor & Materials Fees
Classification II
1. Competing Organizations/Programs to current Lake Forest Recreation Department programs and is a Lake Forest Resident
Based Organizations (67% or more, residential participation).
Class II Rental Fees – See fees below, which will be in ADDITION to General Parks Labor & Materials Fees & SFIF Fees
• Diamond Prep 1 $ 25 / game
• Diamond Prep 2 $ 30 / game
• Diamond Practice $ 15 / practice (dragged field only)
• Practice Grid Field $ 25 / practice
• Game Grid Field $ 30 / game
Classification III
1. Any non-classification 1 or classification 2 with rostered Lake Forest Residents.
Class III Rental Fees – See fees below, which will be in ADDITION to General Parks Labor & Materials Fees & SFIF Fees
• Diamond Prep 1 $ 200 / game
• Diamond Prep 2 $ 240 / game
• Diamond Practice $ 120 / practice (dragged field only)
• Practice Grid Field $ 200 / practice
• Game Grid Field $ 240 / game
Fees Section III – Sport Field Improvement Fund (SFIF)
In September 2008, City policy was passed to collect fees, on a per head basis, from any Athletic organization that utilized Lake
Forest field space for their programming, which would be contributed to City of Lake Forest Sport Field Improvement Funds. These
funds accrue annually and are utilized for annual field maintenance and upgrades.
These fees are paid to The Lake Forest Recreation Department at the conclusion of each season. The amount in which any Athletic
organization contributes to the Sport Field Improvement Funds per season can be categorized as such;
1. Lake Forest Recreation Department Programming - $10 / participant
2. Non-Lake Forest Recreation Department Programming - $20 / participant
7)
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