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CITY COUNCIL 2017/10/02 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, October 2, 2017 at 6:30 pm City Hall Council Chambers Honorable Mayor, Robert Lansing Prudence R. Beidler, Alderman First Ward Stanford Tack, Alderman Third Ward James E. Morris, Alderman First Ward Jack Reisenberg, Alderman Third Ward Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL 6:30pm PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Resolution recognizing the100th Anniversary of Lake Forest Flowers A copy of the Resolution can be found on page 14. COUNCIL ACTION: Approval of the Resolution B. Housing Trust Fund Board Report and Recommendation - Donald Schoenheider, Chairman 1. Consideration of a Recommendation from the Housing Trust Fund Board in Support of a Continued Partnership with Community Partners for Affordable Housing and Extension of the Agreement. (Consideration of a Motion) PRESENTED BY: Donald P. Schoenheider, Chairman, Housing Trust Fund Board STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The City’s Housing Trust Fund Board voted unanimously to recommend to the City Council that the City’s agreement with Community Partners for Affordable Housing (CPAH) be extended authorizing expenditures of up to $335,000 over the next 24 months from the Housing Trust Fund. The recommended funding would be allocated as follows: • Contributions of $150,000 per house to support the purchase of two additional houses in Lake Forest which will remain as affordable homes in perpetuity with the ground leases held by CPAH. 1 Monday, October 2, 2017 City Council Agenda • A service fee paid to CPAH for work related to the acquisition, improvement, marketing, sale and oversight of the homes in the amount of $15,000 per home. • Authorization to pay CPAH consulting fees in an amount not to exceed $5,000 to assist the Housing Trust Fund Board and City staff in overseeing the affordable rental and for sale units in the residential developments now under construction in the Central Business District. The purpose of the Housing Trust Fund is to provide financial resources to further the City’s goal of providing a diversity of housing types in the community. The current balance in the fund is $725,879 with a payment into the fund from Focus Development in the amount of $650,000 due at the time a Certificate of Occupancy is issued for the first building in the Kelmscott Park development. Through the agreement with CPAH, the Housing Trust Funds are used, in combination with outside funding obtained by CPAH, in the form of grants and tax credits and staff support from CPAH to acquire and rehabilitate houses in the community. The houses are offered for sale to income qualified purchasers. The land remains in the ownership of CPAH. A portion of the funds requested is included in the adopted FY18 budget and a portion will be included in the upcoming FY19 budget since the agreement as proposed is for a 24-month period. BACKGROUND/DISCUSSION: In 2011, the City Council authorized a pilot program through which the City partnered with CPAH to support and promote the use of existing homes in the community to meet the housing needs of seniors, local employees, families in transition and young individuals or couples with family ties to the community. This program has also had the benefit of improving properties which have suffered from neglect or deferred maintenance. In 2012 and again in 2014, based on the success and community support of the pilot program, the Council extended the agreement and authorized the expenditure of additional funds to continue the program. To date, six single family homes have been purchased through this program. The City’s contribution for these homes has ranged from about $62,000 to $120,000 per home to support the purchase and improvements. The homes acquired to date are located in various parts of the community and have been acquired by precisely the families that the program was designed to target; all of the purchasers to date have strong ties to Lake Forest. Community volunteers have participated in some of the building and landscape improvements made at the homes; local individuals, youth groups and local businesses have all participated. Extension of the agreement will allow additional purchases and improvements of single family homes as opportunities became available. The terms of the agreement will remain the same. The agreement, reflecting the necessary updates, is included in the Council packet beginning on page 15. FY2018 Funding Source Amount Budgeted for FY2018 Amount Requested Budgeted? Y/N Housing Trust Fund $250,000 Spending authority up to $350,000 Yes* * The remaining amount will be included in the FY2019 budget since the agreement is for a 24-month period. 2 Monday, October 2, 2017 City Council Agenda COUNCIL ACTION: If desired by the City Council, approve a motion directing the City Manager to update and extend the agreement with Community Partners for Affordable Housing to authorize the purchase and improvement of existing single family homes in Lake Forest and going support from CPAH toward the City’s goal of offering a diverse housing stock, in an amount not to exceed $335,000 over a period of 24 months from the date of the agreement. 2. COMMENTS BY CITY MANAGER A. Community Spotlight - Lake Forest College, Stephen Schutt, President B. Comcast Annual Update - Frank Deuel, Senior Manager of Government Affairs 3. COMMENTS BY COUNCIL MEMBERS 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the September 5, 2017 City Council Meeting Minutes A copy of the minutes can be found on page 30. COUNCIL ACTION: Approval of the Minutes 2. Approval of the September 18, 2017 City Council Workshop Meeting Minutes A copy of the City Council Workshop minutes can be found on page 35. COUNCIL ACTION: Approval of the Minutes 3. Check Register for the period of August 26 – September 22, 2017 Fund Invoice Payroll Total General 361,868 1,149,885 1,511,753 Water & Sewer 74,817 122,775 197,592 Parks & Recreation 171,303 327,471 498,774 Capital Improvements 905,680 0 905,680 Motor Fuel Tax 2,265 0 2,265 Cemetery 27,486 21,965 49,451 3 Monday, October 2, 2017 City Council Agenda Senior Resources 6,526 19,742 26,269 Deerpath Golf Course 18,181 1,997 20,178 Fleet 59,371 39,627 98,999 Debt Funds 250 0 250 Housing Trust 0 0 0 Park & Public Land 7,741 0 7,741 All other Funds 1,009,791 139,165 1,148,956 $2,645,278 $1,822,628 $4,467,906 4. Approval of a Proclamation in full support of Illinois Rail Safety Week September 24- 30, 2017 A copy of the Proclamation can be found on page 37. COUNCIL ACTION: Approval of the Proclamation 5. Award of a One-Year Contract Renewal with InterDev for Information Technology Support STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests City Council award a one year contract renewal for Information Technology (IT) professional services for supplemental IT support including public safety technology initiatives, extending an agreement with InterDev that will expire December 8, 2017. PROJECT REVIEW/RECOMMENDATIONS: Milestone Date Comments City Council 12/5/16 Approval of one-year agreement with InterDev effective 12/9/16 Vendor Proposals Submitted 7/1/16 Nine proposals received and reviewed RFP Issuance 6/13/16 BACKGROUND/DISCUSSION: Since the inclusion of IT into the Finance department in January 2011, the City has contracted with ClientFirst Technology Consulting to provide enhanced IT support services and supplemental strategic planning. In early 2012, a written assessment of the IT support needs required of public safety was provided to the City. The assessment determined that due to the downsizing of the IT division and increasing complexity of public safety technology, the police and fire departments required technical support beyond the capacity of existing IT resources. In July 2012, the City Council authorized a contract to provide supplemental IT support specializing in public safety technical knowledge. On August 4, 2014, in conjunction with the move to centralized public safety dispatching, the City Council approved an agreement with InterDev LLC to provide public safety IT support for one year. It was subsequently renewed by City Council on September 21, 2015. On June 13, 2016 the City issued a Request for Proposals (RFP) for services inclusive of all current ongoing contractual IT services - general IT support, IT support specializing in public 4 Monday, October 2, 2017 City Council Agenda safety, and strategic planning consultation. On July 1, 2016 nine (9) proposals were received. A City selection committee comprised of representatives from Finance/IT, Fire, and Police departments interviewed five (5) consulting companies on July 27, 2016. Consultants were chosen for interviews based on their proposal costs, technical qualifications, completeness of proposal, and municipal and public safety support experience. Based on the interview outcomes, the selection committee narrowed the selection to two finalists for technical services and one for strategic planning. It was determined at this time that recommending a single vendor for IT strategic planning and IT technical services would not be in the best interest of the City as it would not decrease costs or provide additional efficiencies. Staff conducted additional due diligence and negotiations in August through November with the finalists. On December 5, 2016, the City Council approved a one year agreement with InterDev at an hourly rate of $54.46. This was the lowest hourly rate proposed by any responding vendors. Other proposed rates ranged from $65-115 per hour. InterDev has proposed an 8% increase for the one-year renewal term – a proposed rate of $58.82 per hour. It should be noted that the contract employee assigned to the City was hired at an entry level rate and the proposed renewal rate is still lower than other rates proposed during last year’s RFP process. Staff recommends approval of the proposed hourly rate. BUDGET/FISCAL IMPACT: Staff recommends approval of a one-year agreement renewal with InterDev to provide supplemental IT support to leverage knowledge specialized in municipal and public safety technical support. The funds are budgeted in the General Fund: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N General Fund – IT Contract Services $98,000 $90,000 Y COUNCIL ACTION: If appropriate and should the City Council desire, award a one year contract renewal for IT support services to InterDev in an amount not to exceed $90,000 to support IT and public safety technology initiatives. 6. Waive Bidding Requirements and Approve the Purchase of Two Stryker Ambulance Cots STAFF CONTACT: Pete Siebert, Fire Chief (810-3864) PURPOSE AND ACTION REQUESTED: The ambulance cots being replaced were approved in the FY18 CIP process and they have reached the end of their useful lifecycle. Additionally the fire department has received approval on a grant from IRMA (Intergovernmental Risk Management Agency). The IRMA grant will award The City of Lake Forest $5500 (1/3 the cost of one cot) after the purchase has been made. BACKGROUND/DISCUSSION: These cots are used on a daily basis to transport patients from emergency calls. Replacing the old cots is a high priority for the safety of our patients and our personnel. Failure of an ambulance cot could potentially lead to injuries to those we are caring for or to the paramedics rendering care. All four ambulances are equipped with 5 Monday, October 2, 2017 City Council Agenda Stryker cots including the mounting bracket system inside the ambulances, the batteries that are used to operate the cots and the battery chargers. Additionally, staff has purchased other accessory equipment, such as oxygen bottle holders, that are specifically designed to mount to our Stryker cots. We also need to have the ability to exchange cots between ambulances on multiple patient emergency calls if needed, or switch a cot out if one has a mechanical problem. We have a significant amount invested in the use of Stryker cots, and it would not be cost effective to have two different cot manufacturers among our four ambulances. A brochure about the power cot is included in your packet on page 38. BUDGET/FISCAL IMPACT: The funds for this purchase were approved in the FY18 CIP. There is also a 4.5% increase in price on these items after October 1. Purchasing these cots now will save $1500. Company Name Dollar Amount Bid Stryker $33,182.76 Below is an estimated summary of Project budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvement Fund $34,000 $33,182.76 Y IRMA Grant N/A -$5500 N/A COUNCIL ACTION: If determined to be appropriate by the City Council; 1. Waive bidding process and Award the bid to Stryker in the amount of $33,182.76 for two ambulance cots; and 2. Acknowledge the exception noted in Section 9.0-E of the City’s Purchasing Directive, and approve the bid. The Stryker brand is exclusively used by all of our vehicles and the mounting system in place requires replacement with only a Stryker cot. 7. Consideration of Recommendations from the Plan Commission in Support of Actions Related to Final Approval of the 770 Westleigh Road (The Preserve at Westleigh) Planned Preservation Subdivision. (If desired by the Council, Waive First Reading and Grant Final Approval of Ordinances as Detailed Below) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTIONS REQUESTED: Consideration of recommendations from the Plan Commission in support of 1) final approval of an Ordinance approving a zone change from R- 5 to R-4 (the Council previously granted first reading of this Ordinance); and 2) waive first reading and grant final approval of an Ordinance granting a Special Use Permit and approving the final plat of subdivision for The Preserve at Westleigh Planned Preservation Subdivision. BACKGROUND/DISCUSSION: This petition proposes development of a portion of a 22-acre parcel located on the north side of Westleigh Road, between Stable Lane and Wallace 6 Monday, October 2, 2017 City Council Agenda Road. The property is owned by Lake Forest Open Lands Foundation and was acquired about nine and a half years ago, specifically for the purpose of assuring that the property would be developed in a manner that preserves and protects the significant natural resources on the property including woodlands, prairie and wetlands. Nearly 17 acres of the property will be preserved as open space and will not be subject to future development. A 9-lot Planned Preservation Subdivision is planned for just over five acres of the 22-acre property. The development is proposed generally on the southern part of the property, the portion of the property that is already developed with a house, garage and hardscape, all of which will be removed as part of the proposed development. Materials from existing garden walls and other features will be reused and incorporated into the new development. The proposed development will offer nine single family building lots of about one-third of an acre in size. The smaller lots, in a unique setting, are intended to provide a unique neighborhood, with homes of up to 3,500 square feet, on a private road, surrounded by a nature preserve. The property is located in the Historic Residential Open Space Preservation Overlay District which makes a conservation development, with clustered lots and extensive preserved open space, possible. To achieve the proposed development, a zone change from R-5 to R-4 is required. Based on a recommendation from the Plan Commission, the City Council granted first reading of the zone change ordinance in January, 2017, at the same time that the Council granted approval of the tentative plat of subdivision. This property currently stands as a lone R-5 parcel in the midst of an area that is zoned and developed under the R-4 zoning district. The ordinance applying R-4 zoning to the property is presented for final action by the City Council in conjunction with the final plat of subdivision. After approval of the tentative plat of subdivision by the City Council earlier this year, the developer proceeded with refining and detailing the engineering plans, the plat of subdivision and completing the various studies and required documents. In July, 2017, the Plan Commission considered the petitioner’s request for final approval and voted unanimously in support of the project subject to conditions related to the completion of final reviews and technical approvals. During the Commission’s extensive deliberations on this petition during the tentative plat phase, key questions focused on density, lot size, access into the development, drainage and buffering views from the Westleigh Road streetscape and from neighboring homes to the new homes and to the trail through the nature preserve. The Commission’s unanimous vote in support of first the tentative plat and later the final plat of subdivision is a reflection of the fact that the Commission found all of the issues to be satisfactorily addressed. The approving Ordinances for both the zone change and the Special Use Permit and final plat of subdivision are included in the Council packet beginning on page 44. COUNCIL ACTION: If determined to be appropriate by the City Council: 1. Grant final approval of an Ordinance rezoning the 22 acre parcel from R-5 to R-4. AND 2. Waive first reading and grant final approval of an Ordinance granting a Special Use Permit and approving the 770 Westleigh Road (The Preserve at Westleigh) Planned 7 Monday, October 2, 2017 City Council Agenda Preservation Subdivision subject to the conditions of approval as detailed in the Ordinance. 8. Consideration of a Recommendation from the Plan Commission in Support of a Special Use Permit for The Gallery Restaurant. (If desired by the Council, Waive First Reading and Grant Final Approval of the Ordinance.) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The following recommendation from the Plan Commission is presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: This is a request for a Special Use Permit to authorize a new restaurant to operate in an existing one-story building at 202 E. Wisconsin Avenue. The proposed restaurant will operate in conjunction with the established business located in the space. The established business, The Gallery, was opened earlier this year as a place for independent artists and arts organizations to display work and host art openings. The original intent was to operate an art gallery and to offer light food and drink during show openings, on a limited basis. In March, 2017, the City Council approved a BYOB liquor license for The Gallery. To date, the art gallery has been a success and the business has transitioned to more of a restaurant operation. To comply with Code requirements, the business owners petitioned the City for a Special Use Permit. Restaurants within 150’ of residential zoning districts must be reviewed through the special use process to allow consideration of the compatibility of the restaurant with the adjacent residential neighborhood. After hearing a presentation from the petitioner and public testimony in support of the restaurant, the Commission concluded that the proposed restaurant met the applicable performance standards and criteria. The Commission voted 5 to 0 to recommend approval of the Special Use Permit subject to conditions as detailed in the Ordinance which is included in the Council packet beginning on page 73. The Commission’s report, which is also included in the Council’s packet, provides additional information in support of the recommendation. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving a Special Use Permit for The Gallery restaurant in accordance with the Plan Commission’s recommendation. 9. 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 recommendation from the Building Review Board is presented to the City Council for consideration as part of the Omnibus Agenda. 8 Monday, October 2, 2017 City Council Agenda 1020 Walden Lane - The Building Review Board recommended approval of streetscape fencing, entrance pillars and landscaping. No public testimony was presented on this petition. (Building Review Board vote: 5-0, approved) 1565 W. Everett Road -- The Building Review Board recommended approval of demolition of the existing house and approval of a replacement residence and associated hardscape and landscape modifications. No public testimony was presented on this petition. (Board vote: 6-0, approved) 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 84. 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 in accordance with the Building Review Board’s recommendations. 10. Consideration of Ordinances Approving Recommendations 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 recommendations from the Historic Preservation Commission are presented to the City Council for consideration as part of the Omnibus Agenda. 251 King Muir Road - The Historic Preservation Commission recommends approval of a one-story rear addition to a historically significant house and the associated building scale variance. This home was one of the original homes constructed in the Deerpath Hills Estate subdivision. The addition will provide a first floor master suite to meet the needs of the owners and allow them to remain in the home. The Preservation Foundation and a local resident testified in support of the project. This petition also requires a zoning variance. The Zoning Board of Appeals’ recommendation is detailed in the following agenda item. (Commission vote: 6 – 0 in support of the petition) 1579 Conway Road – The Historic Preservation Commission recommends approval of a request for Local Landmark Designation of this property as requested by the owner. The house was designed and was the residence of architect Balfour Lanza. The owner explained that he is pursuing designation after learning about the importance of Mr. Lanza’s work. The Preservation Foundation spoke in support of the designation. (Commission vote: 7 – 0 in support of the petition) The ordinances approving the petitions, with key exhibits attached, are included in the Council’s packet beginning on page 101. The Ordinances with complete exhibits are available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Historic Preservation Commission’s recommendations. 9 Monday, October 2, 2017 City Council Agenda 11. Consideration of an Ordinance Approving a Recommendation 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 recommendation from the Zoning Board of Appeals is presented to the City Council for consideration as part of the Omnibus Agenda. 251 King Muir Road – The Zoning Board of Appeals recommended approval of a variance from the rear yard setback to allow construction of a one-story addition. This petition was also considered and recommended for approval by the Historic Preservation Commission as detailed in the previous agenda item. (Please refer to the previous agenda item for background materials.) No public testimony was presented on this petition. (Board vote: 5 - 0, approved) The Ordinance approving the petition as recommended by the Zoning Board of Appeals, with key exhibits attached, is included in the Council packet beginning on page 143. The Ordinance 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 Zoning Board of Appeals’ recommendations 12. Request for City Council Approval of a Resolution to Adopt the 2017 Lake County All Natural Hazards Mitigation Plan STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council adoption of the 2017 update of the Lake County All Natural Hazards Mitigation Plan. BACKGROUND/DISCUSSION: In 2006, Lake County and participating Lake County municipalities developed and adopted the first Lake County Countywide All Natural Hazards Mitigation Plan (ANHMP). The Federal Emergency Management Agency (FEMA), through the Disaster Mitigation Act of 2000 (DMA 2000) and the Stafford Act, requires that a community develop and adopt a FEMA-approved natural hazard mitigation ANHMP in order to be eligible for hazard mitigation grant funds. DMA 2000 requires that the mitigation ANHMP be updated and re-adopted every five years to maintain grant eligibility. This 2017 ANHMP is the second update of the 2006 ANHMP. The ANHMP is multi-jurisdictional, meaning the County and the municipalities must adopt the ANHMP. This ANHMP meets all FEMA planning requirements including those of the FEMA National Flood Insurance Program’s (NFIP) Community Rating System (CRS). The ANHMP allows Lake County and the participating communities to receive Hazard Mitigation Assistance Program (HMA) grant funding from FEMA to fund mitigation projects. The ANHMP update was conducted with the input of the Lake County Hazard Mitigation Planning Committee (HMPC), which includes Lake County departments and agencies, Lake 10 Monday, October 2, 2017 City Council Agenda County municipalities and other stakeholders. The HMPC has been in place since the development of the 2006 ANHMP and has been meeting annually. Attached beginning on page 148 of the agenda packet is the plan Executive Summary and Frequently Asked Questions page; the full plan (294 pages) may be viewed at https://www.lakecountyil.gov/DocumentCenter/Home/View/19601 A copy of the Resolution can be found on page 157. PLAN REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 9/25/17 Reviewed, recommended for adoption BUDGET/FISCAL IMPACT: The ANHMP is a plan that makes the City and Lake County eligible for mitigation grant funds from the FEMA. The City is under no obligation to initiate projects or fund any aspect of the plan. COUNCIL ACTION: Approve the Resolution to Adopt the 2017 Lake County All Natural Hazards Mitigation Plan. COUNCIL ACTION: Approval of the twelve (12) Omnibus items as presented 6. ORDINANCES 1. Approval of an Ordinance amending City Code Relating to Real Estate Transfer Taxes (Waive First Reading and Grant Final Approval) PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff recommends approval of the proposed Ordinance amending City Code related to the Real Estate Transfer Tax. Amendment of Section 39.166 regarding appeal procedures are as recommended by the Personnel, Compensation and Administration (PCA) Committee. BACKGROUND/DISCUSSION: 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 proceeded to review certain provisions of the Code to determine whether changes are required to reflect current practices and policies of the City. The proposed Ordinance (on page 158) recommends revisions to the City Code section on Real Estate Transfer Tax. In addition, the City Council approved amendment of City Code section 39.166 on April 17, 2017, but requested that staff consider further revision as part of its comprehensive review of the RETT provisions. On July 25, the PCA Committee recommended further amendments to allow the City Manager to act on hardship variances for extending the one-year thresholds up to two years, while the PCA Committee would hear appeals of the City Manager decision 11 Monday, October 2, 2017 City Council Agenda or appeals to extend the one-year thresholds beyond two years. The PCA Committee would also continue to hear appeals of other RETT provisions. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments PCA Committee 7/25/17 Recommendation regarding appeals as contained in proposed Ordinance City Council 4/17/17 City Council approved Amendment to Code Section 39.166; requested further analysis of appeal provisions City Council 4/3/17 City Council requested that City Attorney draft Code language providing hardship provision related to Real Estate Transfer Tax Refunds BUDGET/FISCAL IMPACT: Approval of this item would have a modest financial impact, in that an occasional refund of real estate transfer tax would be made that would not have otherwise occurred under current City Code provisions. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading of an Ordinance amending City Code relating to Real Estate Transfer Taxes. 7. NEW BUSINESS 1. Discussion of City Council Role in Matters before the Boards and Commissions 2. Discussion on Minimum Legal Sales Age for Tobacco Products Background material can be found beginning on page 170. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9. ADJOURMENT INTO EXECUTIVE SESSION 1. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the disposition of property and the consideration for the sale or lease of property owned by the Public Body. 10. ADJOURNMENT Office of the City Manager September 27, 2017 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 12 Monday, October 2, 2017 City Council Agenda required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 13 ^ <$tot"^. y NAtURAffBT ^\ .SCIEIS'rlAE AMO'9-''^ .-3 i ...iU J ^Sff^ RESOLUTION IN RECOGNITION OF THE 100TH ANNIVERSARY OF LAKE FOREST FLOWERS WHEREAS, John A. Looby III and Eileen Looby Weber and families of Lake Forest Flowers are celebrating the 100th anniversary of the retail and event florist in 2017; and WHEREAS, Lake Forest Flowers has been operating as a flower shop and greenhouse since 1917; and WHEREAS, since they purchased Lake Forest Flowers in 1981, the Looby Family and staff have contributed substantially to the everyday occasions and special events of the residents, businesses and schools; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, that the City Council on behalf of all the residents of The City of Lake Forest congratulates and extends all good wishes to the Looby Family and its staff on the joyful occasion of the 100th anniversary of the founding of Lake Forest Flowers; BE IT FURTHER RESOLVED THAT the City Council offers its sincere appreciation to Lake Forest Flowers for the years of service to Lake Forest through its community support and engagement in celebrating life's greatest moments through flowers; and ask that City Clerk be, and hereby is directed to give a copy of this resolution, duly signed by the Mayor, to Lake Forest Flowers and the Looby Family, with a copy to be included in the official minutes of the October 2, 2017 meeting of the Lake Forest City Council. Robert T.E. Lansing, Mayor 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 The City of Lake Forest CITY COUNCIL Proceedings of the Tuesday, September 5, 2017 City Council Meeting - City Council Chambers, 6:30pm CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order at 6:31pm, and City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Lansing, Alderman Beidler, Alderman Morris, Alderman Newman, Alderman Rummel, Alderman Tack, Alderman Reisenberg, Alderman Moreno and Alderman Buschmann. Absent: None. Also present were: Robert Kiely Jr., City Manager; Victor Filippini, City Attorney; Catherine Czerniak, Director of Community Development, Elizabeth Holleb, Finance Director; Michael Thomas, Director of Public Works; Rob Copeland, Deputy Chief of Police; DeSha Kalmar, Director of Human Resources; Sally Swarthout, Director of Parks & Recreation; Susan Banks, Communications Manager; Mike Strong, Assistant to the City Manager; along with other members of City Staff. There were approximately 25 persons present in the Council Chambers. CALL TO ORDER AND ROLL CALL 6:31 pm PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Approval of a Resolution in Recognition of the 100th Anniversary of the School of Saint Mary Mayor Lansing read the Resolution and presented it to David Wieters. Photos were taken. COUNCIL ACTION: Approve the Resolution Alderman Buschmann made a motion to approve the Resolution, seconded by Alderman Beidler. Motion carried unanimously by voice vote. B. Approval of a Resolution in support of National Voters Registration Day, Tuesday, September 26, 2017 Mayor Lansing read the Resolution and presented it to Wyn Cain, President of League of Women voters of Lake Forest and Lake Bluff. Photos were taken. COUNCIL ACTION: Approve the Resolution Alderman Moreno made a motion to approve the resolution, seconded by Alderman Rummel. Motion carried unanimously by voice vote. C. Report on Vote by Mail Options Margaret Boyer, City Clerk, reported on options Lake County registered voters have to use, including a Vote by Mail programs. COUNCIL ACTION: Informational only 30 Proceedings of the Tuesday, September 5, 2017 Regular City Council Meeting- D. Swear in Firefighter/Paramedic Stephen K. Werchek Mayor Lansing administered the Oath to Firefighter/Paramedic Stephen K. Werchek. Photos were taken. E. Swear in Firefighter/Paramedic James V. Gluth Mayor Lansing administered the Oath to Firefighter/Paramedic James V. Gluth. Photos were taken. COMMENTS BY CITY MANAGER City Manager Robert Kiely gave an update on the Middlefork Savannah Trial Connection Bridge and the following: A. Upcoming Community Events 1. BMW Championship Golf Tournament at Conway Farms Golf Club September 12- 17, 2017 The City Manager urged the use of public transportation and to visit both the City and the BMW websites for updated information. 2. Public Forum- City, School District 67 and 115 “A Fiscal Stress Test: How the State’s Decisions Impact the City and the Schools” - Co-Sponsored with the Lake Forest-Lake Bluff League of Women Voters on Tuesday, October 3, 7 pm, Gorton Community Center. Mr. Kiely reported that the forum will cover the impact of a possible property tax freeze with the understanding that 90-95% of the revenues schools receive is through property taxes. 3. Freight Train Symposium - Co-Hosted by the Village of Glenview, Northbrook, Deerfield and Bannockburn on Wednesday, October 11, 7pm Trinity International University, Bannockburn, IL The City Manager reported that the Symposium will be moderated by Dr. Joseph Schweiterman of DePaul University, to continue the discussion of freight trains and what the future holds. B. Update on the Rehabilitation of the North and South Beach Access Roads -Sally Swarthout, Director of Parks & Recreation and Chuck Myers, Superintendent of Parks, Forestry and Special Facilities Chuck Myers, Superintendent of Parks, Forestry and Special Facilities, gave an update on the South Beach access road construction project and timetable, including the expectation of substantial completion of the road by November 17. Additionally Michael Thomas, Director of Public Works, reported that the North Beach access road is closed at dusk and reopens at sunrise, consideration of closure through the winter after the South Beach access road reopens. Both the ravine and north road are in the design and permitting phase. The budget, estimated start date and construction timeframe are still to be determined. The City Council asked if the City has applied for any grants, to which Mr. Thomas replied that employees are constantly looking for funding options. C. ComEd Annual Report -James Dudek, External Affairs Manager Mr. Dudek gave an overview of the annual report that was given to The City of Lake Forest. Mr. Dudek also updated the Council on the smart meter opt out program that allows residents to opt out of installation 31 Proceedings of the Tuesday, September 5, 2017 Regular City Council Meeting- until 2022. He also gave an update on the customer owned facilities on Beverly Place that affects about 31 homes. The City Council had discussions on options available to the residents on Beverly and reported that ComEd will be meeting with both City Staff and residents later in September. 3. COMMENTS BY COUNCIL MEMBERS LAKE FOREST MARKETING COMMITTEE 1. Welcome Home Campaign Update and Status Report First Ward Alderman Prue Beidler, Susan Banks, Communications Manager and Marketing Advisor Phil Gaytor presented the new campaign product, a new brochure, and reviewed how it is interactive. The City Council had discussion on volunteerism and philanthropy. City Manager Kiely noted that real estate sales in Lake Forest are at their highest over the past six years. Alderman Newman gave an update on Deerpath Golf Course renovations, reporting more than 800 rounds played since the massive flooding in July. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the August 7, 2017 City Council Meeting Minutes 2. Check Register for the period of July 29,- August 25, 2017 3. Approval of an Amendment to the Finance Committee and City Council Meeting Schedule for 2018 4. Resolution of Appreciation for retiring Fire Department Employee Michelle R. Kousins 5. Consideration of a Request to Authorize the City Manager to Enter into a Contract with DP Consulting, LLC for Business Advocate Services. 6. Approval of a Customer Work Agreement with ComEd for the Relocation of an Electrical Line under the South Beach Access Road 7. Request for the City Council to Waive the Bidding Process to purchase a computerized Electronic Citation, Crash and Administrative Hearing platform from Quicket Solutions Inc., the winning contractor from a completed RFP by the Lake County Chiefs of Police Association in conjunction with the Lake County Clerk’s Office 8. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 9. Consideration of Ordinances Approving Recommendations from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) 32 Proceedings of the Tuesday, September 5, 2017 Regular City Council Meeting- 10. Consideration of an Ordinance Authorizing the Elawa Farm Spooktacular Event. (First Reading, and if desired by the City Council, Final Approval) COUNCIL ACTION: Approval of the ten (10) Omnibus items as presented Mayor Lansing asked members of the Council if they would like to remove any item or take it separately. The City Council had discussion on item #5 and heard a brief overview of item #7. Hearing no further discussion, Mayor Lansing asked for a motion to approve the ten Omnibus items as presented. Alderman Moreno made a motion to approve the ten omnibus items as presented, seconded by Alderman Rummel. The following voted “Aye”: Alderman Beidler, Morris, Newman, Rummel, Tack, Reisenberg, Moreno, and Buschmann. The following voted “Nay”: None. 8-Ayes, 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. 6. ORDINANCES 7. NEW BUSINESS 1. Approval of an agreement with The University of Illinois at Chicago to provide data and benchmarking administrative support to the Northern Illinois Benchmarking Cooperative. Robert Kiely, City Manager, reported in February of 2016, City staff began a conversation with other Northern Illinois communities about potentially forming a performance management cooperative, what has since become known as the Northern Illinois Benchmarking Cooperative “NIBC”). The City previously participated in the ICMA Performance Management Program, but unfortunately due to minimal participation of communities across the country, the program was terminated in 2016. While the ICMA program assisted the City in collecting information on a multitude of performance metrics, the lack of comparable communities and any guidance on application of the data collected made the effort less than valuable. Mr. Kiely reported the NIBC was formed on the idea that communities should jointly explore, develop, and share performance metrics that support the collaborative assessment of trends and operational best practices in order to improve service levels, create more efficient practices, and innovate government. Rather than just collecting data for the sake of collecting data, the process starts with first understanding the key challenges and decisions within selected service areas that we want to explore and then coming up with the metrics to help address the question. Once the metrics are agreed upon and the data is collected, cleansed and validated, the participants will meet to discuss what the data is saying and operations can improve. The core communities responsible for the creation of NIBC include the City of Lake Forest and the Villages of Schaumburg, Buffalo Grove, and Lake Bluff. The City Manager stated that through regular meetings, this core group of communities recognized the need for third party involvement to help the NIBC by providing data and benchmarking administrative support. This support includes measure development, data collection, data validation, data analysis, and producing a final data report. In April of 2017 the NIBC conducted a request for qualification process. It was agreed upon that the cost of this third party data and benchmarking administrative support would be shared evenly amongst the members of the NIBC. 33 Proceedings of the Tuesday, September 5, 2017 Regular City Council Meeting- Based upon the proposal submitted to NIBC and the interview process, NIBC selected the University of Illinois at Chicago Department of Public Administration (“UIC”) to provide data and benchmarking administrative support to the Northern Illinois Benchmarking Cooperative. Built into the UIC proposal was the option to bring on additional communities to take part in the NIBC. This also presented an opportunity to lower the cost per municipality for the data and benchmarking administrative support. The core members of the NIBC and UIC hosted on an open house meeting to invite other Northern Illinois municipalities to join. Following the meeting the core members of the NIBC received formal notice that the Villages of Glencoe, Wilmette, River Forest, Lincolnshire, Mount Prospect, Arlington Heights and Hoffman Estates will be joining the NIBC. Per this agreement, the City of Lake Forest would hold and execute the master agreement with UIC for the full $63,594.47 amount. The other NIBC communities have agreed to enter into Memorandums of Understanding (MOU) with the City of Lake Forest to split the $63,594.47 evenly amongst all members of the NIBC. Each community would pay a total of $5,781.32. Ultimately, The City of Lake Forest would be reimbursed $57,813.15. The City Council had discussion on benchmarking, issue vs. metric, partners who have opted out,the City of Lake Forest taking the lead role, the expected future structure and the importance of apples to apples comparison. Mayor Lansing asked if there was anyone from the public who would like to comment on the issue. Seeing none, he asked for a motion. COUNCIL ACTION: Approval of an agreement in substantially the form attached hereto with University of Illinois at Chicago in the amount of $63,594.47 to provide data and benchmarking administrative support to the Northern Illinois Benchmarking Cooperative. Alderman Morris made a motion to approve of an agreement in substantially the form attached hereto with University of Illinois at Chicago in the amount of $63,594.47 to provide data and benchmarking administrative support to the Northern Illinois Benchmarking Cooperative, seconded by Alderman Beidler. The following voted “Aye”: Alderman Beidler, Morris, Newman, Rummel, Tack, Reisenberg, Moreno, and Buschmann. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9. ADJOURNMENT There being no further business. Alderman Rummel made a motion to adjourn, seconded by Alderman Newman. Motion carried unanimously by voice vote at 8:24p.m. Respectfully Submitted Margaret Boyer, 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 The City of Lake Forest CITY COUNCIL WORKSHOP Proceedings of the Monday, September 18, 2017 City Council Workshop Meeting – Municipal Services, 800 N. Field Drive, Lake Forest, IL CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order at 6:30pm, and City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Lansing, Alderman Beidler, Alderman Morris, Alderman Newman, Alderman Rummel, Alderman Tack, Alderman Reisenberg, Alderman Moreno and Alderman Buschmann. Absent: None Also present were: Robert Kiely Jr., City Manager; Elizabeth Holleb, Finance Director; Catherine Czerniak, Director of Community Development; Susan Banks, Communications Manager; Sally Swarthout, Director of Parks & Recreation; Michael Thomas, Director of Public Works; Mike Strong, Assistant to the City Manager; Pete Siebert, Fire Chief; Kevin Cronin, Deputy Chief of Fire; DeSha Kalmar, HR Director; Dan Martin, Superintendent of Public Works. There were approximately 6 other persons in the audience. CALL TO ORDER AND ROLL CALL 6:30 p.m. Mayor Lansing, welcomed the Council, Members of the Community, and City Staff to the Workshop meeting. He introduced Elizabeth Holleb, Finance Director. 1. Alternative Scenarios for Public Safety Pension Funding Finance Director Elizabeth Holleb and Jason Franken of Foster and Foster, the City’s independent actuary, lead continued discussion on issues related to public safety pension funding, including the final issue of payroll growth assumption. Mr. Franken provided information addressing the impact of a one-time transfer to the pension funds in addition to the annual funding requirement. He explained that a longer term issue for the City Councils consideration is the funding approach and assumptions related to amortization of the unfunded liability in each pension fund. Mr. Franken introduced a modeler that was designed to analyze changes in long term funding for public safety pensions under various scenarios. A more detailed discussion is anticipated to occur at a future date. The City Council gave direction to Mr. Franken using a 2% payroll growth assumption. COUNCIL ACTION: While the City Council did not take action in the Workshop, they were asked to provide the actuary with direction on the payroll growth assumption for the 4/30/17 actuarial valuations. All changes made for 4/30/17 will be ratified by approval of a revised pension funding policy on a subsequent City Council agenda. 2. Fiscal Stress Parameters At the request of the City Council at its March 2017 FY18 budget meeting, Elizabeth Holleb, Finance Director, provided a presentation regarding the long term financial forecast of the City’s General Fund under various fiscal scenarios. The scenarios were intended to demonstrate the impact on the City’s finances of revenue losses from the State of Illinois, limitations on property taxes imposed by the General Assembly, and/or investment returns failing to meet actuarial projections in the City’s three pension plans. The City Council was provided with 35 Proceedings of the Monday, September 18, 2017 City Council Workshop Meeting background materials that included the State of Illinois Five Year Forecast, November 2016, Core/Elective Service updated analysis for the FY2018 City Budget. COUNCIL ACTION: Informational item for discussion. 3. Opportunity for Public Comment Mayor Lansing asked if there was anyone present who would like to comment. Seeing none, he reported there will be no further business following executive session and asked for a motion. 4. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (11), The City Council will be discussing threatened Litigation and 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 Rummel made a motion to adjourn into Executive Session pursuant to 5ILCS 120/2 (c), (11), The City Council will be discussing threatened Litigation and 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 Newman. The following voted “Aye”: Alderman Beidler, Morris, Newman, Rummel, Tack, Reisenberg, Moreno, and Buschmann. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. Adjournment into Executive Session- the City Council adjourned at 9:11pm. RECONVENE INTO REGULAR SESSION The City Council reconvened into regular session at 11:00 pm 5. Adjournment There being no further business. Alderman Moreno made a motion to adjourn, seconded by Alderman Beidler. Motion carried unanimously by voice vote at 11:01p.m. Respectfully Submitted, Margaret Boyer City Clerk A complete Packet including all slides and any handouts is available by request at City Hall. 36 ^°T^ y N^WASET ^ .SCIETSTIAfi AMOV- ^ .. ^' n 1.j»J PROCLAMATION WHEREAS, 101 rail grade crossing collisions resulted in 43 personal injuries and 24 fatalities in the State of Illinois during 2016;and WHEREAS, 41 trespassing incidents have occurred in Illinois resulting in 22 pedestrians being killed and 19 injured while trespassing on railroad property during 2016;and WHEREAS, Illinois ranked second in the nation in grade crossing fatalities and seventh in trespass fatalities for 2016; and WHEREAS, The City of Lake Forest strongly endorses educating and informing its citizens about rail safety; and WHEREAS, the Illinois Association of Chiefs of Police, Illinois Operation Lifesaver and the Lake Forest Police and Fire Departments are partnering together in an effort to educate, at a state- wide level, all aspects of railroad safety, to enforce applicable laws in support of Illinois Rail Safety Week; and WHEREAS, 2017 marks the first year that Operation Lifesaver has designated a National Rail Safety Week, which coincides with Rail Safety Week in Illinois, to implement the safety initiative across the country; NOW, THEREFORE, 1, Robert T.E. Lansing, Mayor of The City of Lake Forest, do hereby proclaim the week of September 24-30, 2017 Illinois Rail Safety Week, and I encourage all citizens to recognize the importance of rail safety education. IN WITNESS HEREOF, I have hereunder set my hand and have had the Seal of The City of Lake Forest affixed this, 2nd day of October, 2017 Robert T.E. Lansing, Mayor 37 Power-PRO™ XT powered ambulance cot EMS Equipment e information presented in this brochure is intended to demonstrate a Stryker product. Always refer to the package insert, product label and/or user instructions before using any Stryker product. Products may not be available in all markets. Product availability is subject to the regulatory or medical practices that govern individual markets. Please contact your Stryker Account Manager if you have questions about the availability of Stryker products in your area. Products referenced with ™ designation are trademarks of Stryker. Products referenced with ® designation are registered trademarks of Stryker. The yellow and black color scheme is a proprietary trademark of the Stryker Corporation. Mkt Lit 112-06162005 Rev J DDM/PDF 0612 Copyright © 2012 Stryker Printed in U.S.A. 3800 E. Centre Ave. Portage, MI 49002 U.S.A. t: 269 389 2100 f: 866 795 2233 toll free: 800 327 0770 www.ems.stryker.com Model Number 6506 Height1 (infinite height positioning between lowest and highest position) Highest Position 41.5 in (105 cm) Lowest Position 14 in (36 cm) Length Standard 81 in (206 cm) Minimum 63 in (160 cm) Width 23 in (58 cm) Weight2 125 lb (57 kg) Wheels Diameter 6 in (15 cm) Width 2 in (5 cm) Articulation Backrest 0° – 73° Shock Position +15° Optional Knee Gatch 30° Maximum Weight Capacity3 700 lb (318 kg) Minimum Operators Required Occupied Cot 2 Unoccupied Cot 1 Recommended Fastener System Power-LOAD Model 6390 Floor Mount Model 6370 or 6377 Wall Mount Model 6371 Recommended Loading Height4 Up to 36 in (91 cm) 1 Height measured from bottom of mattress, at seat section, to ground level. 2 Cot is weighed with one battery pack, without mattress and restraints. 3 700 lb weight capacity with an unassisted lift capacity of 500 lb (Cot loads over 300 lb (136 kg) may require additional assistance to meet the set cot load height). 4 Can accommodate load decks up to 36 in. Load height can be set between 26 in and 36 in. 5 Meets dynamic crash standards for Power-PRO XT (AS/NZS-4535 and BS EN-1789) and Performance-PRO XT (BS EN-1789). Stryker reserves the right to change specifications without notice. In-service video included with each order. The Power-PRO XT is designed to conform to Federal Specification for the Star-of-Life Ambulance KKK-A-1822. The Power-PRO XT is designed to be compatible with competitive cot fastener systems. Patents pending. Power-PRO XT Specifications Oversized Wheels Requires less force to roll, improving maneuverability over rough terrain. Settable Load Height with Jog Function A Stryker exclusive. Adjusts to fit your ambulance. Hydraulic Lift System Battery-powered hydraulic lift system with manual back-up for operator confidence. Head- and Foot-end Lift and Grip Section Unmatched ergonomics. Lifting handles optimized to 30 degrees, the angle preferred by most operators. Grips have a textured, durable, nonslip surface for maximum operator control. Foot End Controls Controls are duplicated on both upper and lower lift bars to accommodate operators of all sizes. Patented X-frame Proven reliability. Will NOT “hot drop.” Fold-Down Side Rails A Stryker innovation. Side rails are designed to provide patients with a greater sense of security.Bolster Mattress The Stryker-preferred sealed bolster mattress provides patients a greater sense of security during transport. Lift-Capable Safety Bar Assures handling confidence. Reduces lift height for smaller operators. Retractable Head Section Provides 360- degree mobility in any height position. Pneumatically Assisted Backrest A Stryker innovation. Significantly reduces operator effort and increases patient comfort. X-frame Guards Protect X-frame from ambulance bumper contact. Shock, Flat Leg, or Optional Knee Gatch Positioning Knee gatch provides patient comfort and greater lift clearance. capacity Retractable Head Section Provides 360-degree mobility in any height position. The retractable head section with safety bar has conveniently located release handles that retract the head section into the cot. The safety bar release is designed to keep hands away from the cot mechanism for safety. 38 Textured Hand Grips At the head and foot end provide a durable nonslip surface for operator control. Battery Pack Power Level Indicator Keeps operator informed of power status and flashes amber when the battery pack needs to be changed. Hour Meter Indicates how many hours the cot has been in operation for preventive maintenance purposes. Built-in Pull Handle Offers maximum operator control during transport and stows out of the way when not in use. Shock, Flat Leg, or Optional Knee Gatch Positioning Knee gatch provides patient comfort and greater lift clearance. Battery Pack Release Control Accessible and easily changed in any situation. Manual Back-up Release Handle Allows non-powered operation of all powered cot functions. Power Controls Contoured control buttons allow for instant touch recognition and ease of operation. Lower Lifting Bar Provides maximum versatility for operators of all sizes. 1 2 3 Reduce load and unload times A Stryker exclusive. The high-speed retract system of the Power-PRO XT will reduce your load and unload times. When the cot senses the weight is off the wheels, the base will fully retract in 2.4 seconds when the “minus” button is depressed. Features 2 1 3 4 5 6 7 9 8 8 4 5 6 7 9 8 Reduce the risk of injuries when raising and lowering Power-PRO XT reduces risk of cumulative trauma injuries, and lost or modified workdays. Medics experience frequent spinal loading due to repetitive motions such as lifting, lowering, carrying, and bending. Use of the Power-PRO XT has proven to reduce spinal loading, resulting in reduced injuries, lost or modified workdays and Workers’ Compensation costs, and increased recruitment and retention. The Stryker Power-PRO XT — now the industry standard of care. • An innovative battery-powered hydraulic system raises and lowers the patient at the touch of a button.3 • Utilizes an easy-to-use manual back-up system for all powered cot functions. • The retractable head section reduces footprint, and allows the cot to navigate very tight spaces in any height position. • A Stryker exclusive: automatic high-speed retracting feature saves precious seconds when loading and unloading. • Reduces workers’ compensation costs, injuries, and lost and modified workdays, while improving recruitment and retention. Marine-grade Hydraulic System Provides reliable operation in harsh conditions. Hand Clearance Hand clearance around the litter frame for operator safety. Built-in Pull Handle Offers maximum operator control during transport and stows out of the way when not in use. In-fastener Shut-off Automatically disables cot when locked in the cot fastener system for safety. SMRT ™ Power System Automatic power management, zero memory, and in-vehicle charging. 12V ships with cot. Lift-capable Safety Bar Assures handling confidence. Reduces lift height for smaller operators. Optional Features • Heavy duty two- or three-stage IV poles (patient right or left) • Permanent or removable O2 bottle holders (head-end, foot-end, or fowler) • Dual wheel locks • Head extension with pillow • Equipment hook • Backrest storage pouch • Steer-Lock • Defibrillator platform • Transfer flat • Base storage net • Knee gatch • SMRT charger mounting bracket • Power-LOAD compatibility Equipment Hook (Fits most monitors)Steer-Lock Retractable Head-end O2 Bottle HolderKnee Gatch IEC-60601 Warranty • Two-year parts, labor, and travel • One-year soft goods • Three-year X-frame components • Three-year limited powertrain • Lifetime on all welds* Extended warranties available. * 7-year service life Certifications Power-PRO XT powered ambulance cot Shown with optional accessories. using your finger, not your back. Power raise and lower Raise and lower patients with the touch of a button3 Operator injuries result from repetitive spinal loading. Our innovative powered ambulance cot is designed to lift patient weight with the touch of a button— not your back. Antenna Allows for wireless communication between the Power-PRO XT and the Power-LOAD system. Foot-end Hitch Secures the foot end of the cot into the Power-LOAD system for transport. Power Controls Controls the Power-LOAD system during loading and unloading for ease of operation and maximum convenience. Locking Pins Secures the head end of the cot into the Power-LOAD system for loading and unloading. Power-LOAD TM Compatibility An industry first, the Power-LOAD cot fastener system improves safety to you and your patients by lifting and lowering the Power-PRO XT cot into and out of the ambulance—helping to reduce spinal loads that result in cumulative trauma failure. The Power-LOAD cot compatibility option allows the Power-PRO XT to be fully compatible with the Power-LOAD system. This system meets dynamic crash test standards for maximized occupant safety 5 and will automatically charge the Power-PRO XT SMRT battery. 39 Power-PRO™ XT powered ambulance cot EMS Equipment e information presented in this brochure is intended to demonstrate a Stryker product. Always refer to the package insert, product label and/or user instructions before using any Stryker product. Products may not be available in all markets. Product availability is subject to the regulatory or medical practices that govern individual markets. Please contact your Stryker Account Manager if you have questions about the availability of Stryker products in your area. Products referenced with ™ designation are trademarks of Stryker. Products referenced with ® designation are registered trademarks of Stryker. The yellow and black color scheme is a proprietary trademark of the Stryker Corporation. Mkt Lit 112-06162005 Rev J DDM/PDF 0612 Copyright © 2012 Stryker Printed in U.S.A. 3800 E. Centre Ave. Portage, MI 49002 U.S.A. t: 269 389 2100 f: 866 795 2233 toll free: 800 327 0770 www.ems.stryker.com Model Number 6506 Height1 (infinite height positioning between lowest and highest position) Highest Position 41.5 in (105 cm) Lowest Position 14 in (36 cm) Length Standard 81 in (206 cm) Minimum 63 in (160 cm) Width 23 in (58 cm) Weight2 125 lb (57 kg) Wheels Diameter 6 in (15 cm) Width 2 in (5 cm) Articulation Backrest 0° – 73° Shock Position +15° Optional Knee Gatch 30° Maximum Weight Capacity3 700 lb (318 kg) Minimum Operators Required Occupied Cot 2 Unoccupied Cot 1 Recommended Fastener System Power-LOAD Model 6390 Floor Mount Model 6370 or 6377 Wall Mount Model 6371 Recommended Loading Height4 Up to 36 in (91 cm) 1 Height measured from bottom of mattress, at seat section, to ground level. 2 Cot is weighed with one battery pack, without mattress and restraints. 3 700 lb weight capacity with an unassisted lift capacity of 500 lb (Cot loads over 300 lb (136 kg) may require additional assistance to meet the set cot load height). 4 Can accommodate load decks up to 36 in. Load height can be set between 26 in and 36 in. 5 Meets dynamic crash standards for Power-PRO XT (AS/NZS-4535 and BS EN-1789) and Performance-PRO XT (BS EN-1789). Stryker reserves the right to change specifications without notice. In-service video included with each order. The Power-PRO XT is designed to conform to Federal Specification for the Star-of-Life Ambulance KKK-A-1822. The Power-PRO XT is designed to be compatible with competitive cot fastener systems. Patents pending. Power-PRO XT Specifications Oversized Wheels Requires less force to roll, improving maneuverability over rough terrain. Settable Load Height with Jog Function A Stryker exclusive. Adjusts to fit your ambulance. Hydraulic Lift System Battery-powered hydraulic lift system with manual back-up for operator confidence. Head- and Foot-end Lift and Grip Section Unmatched ergonomics. Lifting handles optimized to 30 degrees, the angle preferred by most operators. Grips have a textured, durable, nonslip surface for maximum operator control. Foot End Controls Controls are duplicated on both upper and lower lift bars to accommodate operators of all sizes. Patented X-frame Proven reliability. Will NOT “hot drop.” Fold-Down Side Rails A Stryker innovation. Side rails are designed to provide patients with a greater sense of security.Bolster Mattress The Stryker-preferred sealed bolster mattress provides patients a greater sense of security during transport. Lift-Capable Safety Bar Assures handling confidence. Reduces lift height for smaller operators. Retractable Head Section Provides 360- degree mobility in any height position. Pneumatically Assisted Backrest A Stryker innovation. Significantly reduces operator effort and increases patient comfort. X-frame Guards Protect X-frame from ambulance bumper contact. Shock, Flat Leg, or Optional Knee Gatch Positioning Knee gatch provides patient comfort and greater lift clearance. capacity Retractable Head Section Provides 360-degree mobility in any height position. The retractable head section with safety bar has conveniently located release handles that retract the head section into the cot. The safety bar release is designed to keep hands away from the cot mechanism for safety. 40 Textured Hand Grips At the head and foot end provide a durable nonslip surface for operator control. Battery Pack Power Level Indicator Keeps operator informed of power status and flashes amber when the battery pack needs to be changed. Hour Meter Indicates how many hours the cot has been in operation for preventive maintenance purposes. Built-in Pull Handle Offers maximum operator control during transport and stows out of the way when not in use. Shock, Flat Leg, or Optional Knee Gatch Positioning Knee gatch provides patient comfort and greater lift clearance. Battery Pack Release Control Accessible and easily changed in any situation. Manual Back-up Release Handle Allows non-powered operation of all powered cot functions. Power Controls Contoured control buttons allow for instant touch recognition and ease of operation. Lower Lifting Bar Provides maximum versatility for operators of all sizes. 1 2 3 Reduce load and unload times A Stryker exclusive. The high-speed retract system of the Power-PRO XT will reduce your load and unload times. When the cot senses the weight is off the wheels, the base will fully retract in 2.4 seconds when the “minus” button is depressed. Features 2 1 3 4 5 6 7 9 8 8 4 5 6 7 9 8 Reduce the risk of injuries when raising and lowering Power-PRO XT reduces risk of cumulative trauma injuries, and lost or modified workdays. Medics experience frequent spinal loading due to repetitive motions such as lifting, lowering, carrying, and bending. Use of the Power-PRO XT has proven to reduce spinal loading, resulting in reduced injuries, lost or modified workdays and Workers’ Compensation costs, and increased recruitment and retention. The Stryker Power-PRO XT — now the industry standard of care. • An innovative battery-powered hydraulic system raises and lowers the patient at the touch of a button.3 • Utilizes an easy-to-use manual back-up system for all powered cot functions. • The retractable head section reduces footprint, and allows the cot to navigate very tight spaces in any height position. • A Stryker exclusive: automatic high-speed retracting feature saves precious seconds when loading and unloading. • Reduces workers’ compensation costs, injuries, and lost and modified workdays, while improving recruitment and retention. Marine-grade Hydraulic System Provides reliable operation in harsh conditions. Hand Clearance Hand clearance around the litter frame for operator safety. Built-in Pull Handle Offers maximum operator control during transport and stows out of the way when not in use. In-fastener Shut-off Automatically disables cot when locked in the cot fastener system for safety. SMRT ™ Power System Automatic power management, zero memory, and in-vehicle charging. 12V ships with cot. Lift-capable Safety Bar Assures handling confidence. Reduces lift height for smaller operators. Optional Features • Heavy duty two- or three-stage IV poles (patient right or left) • Permanent or removable O2 bottle holders (head-end, foot-end, or fowler) • Dual wheel locks • Head extension with pillow • Equipment hook • Backrest storage pouch • Steer-Lock • Defibrillator platform • Transfer flat • Base storage net • Knee gatch • SMRT charger mounting bracket • Power-LOAD compatibility Equipment Hook (Fits most monitors)Steer-Lock Retractable Head-end O2 Bottle HolderKnee Gatch IEC-60601 Warranty • Two-year parts, labor, and travel • One-year soft goods • Three-year X-frame components • Three-year limited powertrain • Lifetime on all welds* Extended warranties available. * 7-year service life Certifications Power-PRO XT powered ambulance cot Shown with optional accessories. using your finger, not your back. Power raise and lower Raise and lower patients with the touch of a button3 Operator injuries result from repetitive spinal loading. Our innovative powered ambulance cot is designed to lift patient weight with the touch of a button— not your back. Antenna Allows for wireless communication between the Power-PRO XT and the Power-LOAD system. Foot-end Hitch Secures the foot end of the cot into the Power-LOAD system for transport. Power Controls Controls the Power-LOAD system during loading and unloading for ease of operation and maximum convenience. Locking Pins Secures the head end of the cot into the Power-LOAD system for loading and unloading. Power-LOAD TM Compatibility An industry first, the Power-LOAD cot fastener system improves safety to you and your patients by lifting and lowering the Power-PRO XT cot into and out of the ambulance—helping to reduce spinal loads that result in cumulative trauma failure. The Power-LOAD cot compatibility option allows the Power-PRO XT to be fully compatible with the Power-LOAD system. This system meets dynamic crash test standards for maximized occupant safety 5 and will automatically charge the Power-PRO XT SMRT battery. IEC-60601 41 Textured Hand Grips At the head and foot end provide a durable nonslip surface for operator control. Battery Pack Power Level Indicator Keeps operator informed of power status and flashes amber when the battery pack needs to be changed. Hour Meter Indicates how many hours the cot has been in operation for preventive maintenance purposes. Built-in Pull Handle Offers maximum operator control during transport and stows out of the way when not in use. Shock, Flat Leg, or Optional Knee Gatch Positioning Knee gatch provides patient comfort and greater lift clearance. Battery Pack Release Control Accessible and easily changed in any situation. Manual Back-up Release Handle Allows non-powered operation of all powered cot functions. Power Controls Contoured control buttons allow for instant touch recognition and ease of operation. Lower Lifting Bar Provides maximum versatility for operators of all sizes. 1 2 3 Reduce load and unload times A Stryker exclusive. The high-speed retract system of the Power-PRO XT will reduce your load and unload times. When the cot senses the weight is off the wheels, the base will fully retract in 2.4 seconds when the “minus” button is depressed. Features 2 1 3 4 5 6 7 9 8 8 4 5 6 7 9 8 Reduce the risk of injuries when raising and lowering Power-PRO XT reduces risk of cumulative trauma injuries, and lost or modified workdays. Medics experience frequent spinal loading due to repetitive motions such as lifting, lowering, carrying, and bending. Use of the Power-PRO XT has proven to reduce spinal loading, resulting in reduced injuries, lost or modified workdays and Workers’ Compensation costs, and increased recruitment and retention. The Stryker Power-PRO XT — now the industry standard of care. • An innovative battery-powered hydraulic system raises and lowers the patient at the touch of a button.3 • Utilizes an easy-to-use manual back-up system for all powered cot functions. • The retractable head section reduces footprint, and allows the cot to navigate very tight spaces in any height position. • A Stryker exclusive: automatic high-speed retracting feature saves precious seconds when loading and unloading. • Reduces workers’ compensation costs, injuries, and lost and modified workdays, while improving recruitment and retention. Marine-grade Hydraulic System Provides reliable operation in harsh conditions. Hand Clearance Hand clearance around the litter frame for operator safety. Built-in Pull Handle Offers maximum operator control during transport and stows out of the way when not in use. In-fastener Shut-off Automatically disables cot when locked in the cot fastener system for safety. SMRT ™ Power System Automatic power management, zero memory, and in-vehicle charging. 12V ships with cot. Lift-capable Safety Bar Assures handling confidence. Reduces lift height for smaller operators. Optional Features • Heavy duty two- or three-stage IV poles (patient right or left) • Permanent or removable O2 bottle holders (head-end, foot-end, or fowler) • Dual wheel locks • Head extension with pillow • Equipment hook • Backrest storage pouch • Steer-Lock • Defibrillator platform • Transfer flat • Base storage net • Knee gatch • SMRT charger mounting bracket • Power-LOAD compatibility Equipment Hook (Fits most monitors)Steer-Lock Retractable Head-end O2 Bottle HolderKnee Gatch IEC-60601 Warranty • Two-year parts, labor, and travel • One-year soft goods • Three-year X-frame components • Three-year limited powertrain • Lifetime on all welds* Extended warranties available. * 7-year service life Certifications Power-PRO XT powered ambulance cot Shown with optional accessories. using your finger, not your back. Power raise and lower Raise and lower patients with the touch of a button3 Operator injuries result from repetitive spinal loading. Our innovative powered ambulance cot is designed to lift patient weight with the touch of a button— not your back. Antenna Allows for wireless communication between the Power-PRO XT and the Power-LOAD system. Foot-end Hitch Secures the foot end of the cot into the Power-LOAD system for transport. Power Controls Controls the Power-LOAD system during loading and unloading for ease of operation and maximum convenience. Locking Pins Secures the head end of the cot into the Power-LOAD system for loading and unloading. Power-LOAD TM Compatibility An industry first, the Power-LOAD cot fastener system improves safety to you and your patients by lifting and lowering the Power-PRO XT cot into and out of the ambulance—helping to reduce spinal loads that result in cumulative trauma failure. The Power-LOAD cot compatibility option allows the Power-PRO XT to be fully compatible with the Power-LOAD system. This system meets dynamic crash test standards for maximized occupant safety 5 and will automatically charge the Power-PRO XT SMRT battery. 42 Power-PRO™ XT powered ambulance cot EMS Equipment e information presented in this brochure is intended to demonstrate a Stryker product. Always refer to the package insert, product label and/or user instructions before using any Stryker product. Products may not be available in all markets. Product availability is subject to the regulatory or medical practices that govern individual markets. Please contact your Stryker Account Manager if you have questions about the availability of Stryker products in your area. Products referenced with ™ designation are trademarks of Stryker. Products referenced with ® designation are registered trademarks of Stryker. The yellow and black color scheme is a proprietary trademark of the Stryker Corporation. Mkt Lit 112-06162005 Rev J DDM/PDF 0612 Copyright © 2012 Stryker Printed in U.S.A. 3800 E. Centre Ave. Portage, MI 49002 U.S.A. t: 269 389 2100 f: 866 795 2233 toll free: 800 327 0770 www.ems.stryker.com Model Number 6506 Height1 (infinite height positioning between lowest and highest position) Highest Position 41.5 in (105 cm) Lowest Position 14 in (36 cm) Length Standard 81 in (206 cm) Minimum 63 in (160 cm) Width 23 in (58 cm) Weight2 125 lb (57 kg) Wheels Diameter 6 in (15 cm) Width 2 in (5 cm) Articulation Backrest 0° – 73° Shock Position +15° Optional Knee Gatch 30° Maximum Weight Capacity3 700 lb (318 kg) Minimum Operators Required Occupied Cot 2 Unoccupied Cot 1 Recommended Fastener System Power-LOAD Model 6390 Floor Mount Model 6370 or 6377 Wall Mount Model 6371 Recommended Loading Height4 Up to 36 in (91 cm) 1 Height measured from bottom of mattress, at seat section, to ground level. 2 Cot is weighed with one battery pack, without mattress and restraints. 3 700 lb weight capacity with an unassisted lift capacity of 500 lb (Cot loads over 300 lb (136 kg) may require additional assistance to meet the set cot load height). 4 Can accommodate load decks up to 36 in. Load height can be set between 26 in and 36 in. 5 Meets dynamic crash standards for Power-PRO XT (AS/NZS-4535 and BS EN-1789) and Performance-PRO XT (BS EN-1789). Stryker reserves the right to change specifications without notice. In-service video included with each order. The Power-PRO XT is designed to conform to Federal Specification for the Star-of-Life Ambulance KKK-A-1822. The Power-PRO XT is designed to be compatible with competitive cot fastener systems. Patents pending. Power-PRO XT Specifications Oversized Wheels Requires less force to roll, improving maneuverability over rough terrain. Settable Load Height with Jog Function A Stryker exclusive. Adjusts to fit your ambulance. Hydraulic Lift System Battery-powered hydraulic lift system with manual back-up for operator confidence. Head- and Foot-end Lift and Grip Section Unmatched ergonomics. Lifting handles optimized to 30 degrees, the angle preferred by most operators. Grips have a textured, durable, nonslip surface for maximum operator control. Foot End Controls Controls are duplicated on both upper and lower lift bars to accommodate operators of all sizes. Patented X-frame Proven reliability. Will NOT “hot drop.” Fold-Down Side Rails A Stryker innovation. Side rails are designed to provide patients with a greater sense of security.Bolster Mattress The Stryker-preferred sealed bolster mattress provides patients a greater sense of security during transport. Lift-Capable Safety Bar Assures handling confidence. Reduces lift height for smaller operators. Retractable Head Section Provides 360- degree mobility in any height position. Pneumatically Assisted Backrest A Stryker innovation. Significantly reduces operator effort and increases patient comfort. X-frame Guards Protect X-frame from ambulance bumper contact. Shock, Flat Leg, or Optional Knee Gatch Positioning Knee gatch provides patient comfort and greater lift clearance. capacity Retractable Head Section Provides 360-degree mobility in any height position. The retractable head section with safety bar has conveniently located release handles that retract the head section into the cot. The safety bar release is designed to keep hands away from the cot mechanism for safety. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-1 August 2017 Executive Summary In 2006, Lake County and participating Lake County municipalities developed and adopted the first Lake County Countywide All Natural Hazards Mitigation Plan (ANHMP). The Federal Emergency Management Agency (FEMA), through the Disaster Mitigation Act of 2000 (DMA 2000) and the Stafford Act require that a community develop and adopt a FEMA-approved natural hazard mitigation ANHMP in order to be eligible for hazard mitigation grant funds. DMA 2000 and the Stafford Act require that the mitigation ANHMP be updated and re-adopted every five years to maintain grant eligibility. This 2017 ANHMP is the second update of the 2006 ANHMP. The ANHMP is multi-jurisdictional, meaning the County and the municipalities must adopt the ANHMP. This ANHMP meets all FEMA planning requirements including those of the FEMA National Flood Insurance Program’s (NFIP) Community Rating System (CRS). The ANHMP allows Lake County and the participating communities to receive Hazard Mitigation Assistance Program (HMA) grant funding from FEMA t o fund mitigation projects. More can be learned about these programs at: http://www.fema.gov/hazard- mitigation-grant-program. CRS allows participating communities to earn credit towards discounts in flood insurance premiums. While this ANHMP meets federal planning requirements, it has also been prepared to protect life, health and safety, and to reduce damage to property and infrastructure from natural hazards. This ANHMP assesses the natural hazards that affect Lake County, sets mitigation goals, considers mitigation efforts currently being implemented, evaluates additional mitigation strategies, and recommends mitigation actions to be implemented over the next five years. The mitigation actions are designed to protect the people and assets of Lake County, and designed to be undertaken by both the public and the private sectors. ANHMP Development The ANHMP update was conducted with the input of the Lake County Hazard Mitigation Planning Committee (HMPC), which includes Lake County departments and agencies, Lake County municipalities and other stakeholders. The HMPC has been in place since the development of the 2006 ANHMP and has been meeting annually. The efforts of the HMPC were coordinated by the Lake County Stormwater Management Commission (SMC) and Lake County Emergency Management Agency (LCEMA). “Hazard mitigation is defined as any sustained action taken to reduce or eliminate long-term risk to life and property from a hazard event.” FEMA 148 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-2 August 2017 The update of the ANHMP was based on discussion and data provided by the participating municipalities as they followed the recommended 10-step planning process. An ANHMP introduction and a description of the planning process are presented in Chapters 1 and 2. Natural hazards that can impact Lake County have been assessed in Chapter 3. Goals and guidelines established by the HMPC are presented in Chapter 4. Six mitigation strategies and a capabilities assessment of Lake County are examined in Chapter 5. The ANHMP action plan is detailed in Chapter 6, and procedures for monitoring and maintaining this ANHMP are included in Chapter 7. Chapter Summary Introduction Lake County is the most northeastern County in Illinois. The County Seat is Waukegan, Illinois. The County is composed of 53 individual communities and 18 townships. The total area of Lake County is approximately 1,368 square miles with a land area of approximately 448 square miles and the rest water. Land in the county generally slopes to the southeast. Lake County is approximately 23.5 miles from north to south. At its widest point, the southern county border, Lake County is approximately 22.6 miles from east to west. Elevations in the county range from 957 feet above sea level to 580 feet above sea level. There are four major watersheds in Lake County: Des Plaines River, Fox River, North Branch of the Chicago River, and Lake Michigan. Lake County has a population of 703,462 and a population density of 1,572 people per square mile, according to the 2010 U.S. Census. Approximately 260,310 housing units exist within the County. Lake County is the third most populated county in Illinois beh ind Cook County and DuPage County. The Lake County population makes up approximately 5.5% of the total population in the State of Illinois. Lake County, Illinois, is subject to natural hazards that threaten the life, health, and safety of residents and visitors. Natural hazards have caused extensive property damage throughout the County and can be expected to cause more damage in the future. In recent years: •Major flood events struck the County in 1979, 1982, 1986, 1993, 1996, 2000, 2004, 2008 and 2013; •Sixteen tornadoes have touched down since 1957; •Severe thunderstorm, high winds, hail and rain impacted the County in 1996, 1998, 2002, 2007 and 2011; •Severe winter storms impacted the residents in 1999, 2000, 2008; •Wildfires burned acreage in 2003 and 2005; and •Extreme heat impacted the young and the elderly in 1999. 149 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-3 August 2017 Planning Process The HMPC followed a 10-step planning process to update the ANHMP. The HMPC met three times from June to October 2016. The HMPC reviewed the hazards and their effects on people and property, considered a variety of ways to reduce and prevent damage, and recommended the most appropriate and feasible measures for implementation. Existing plans and programs were reviewed during the planning process. It should be underscored that this ANHMP does not replace other planning efforts, such as community comprehensive plans, or the Lake County Comprehensive Stormwater Management Plan. This ANHMP complements those efforts. The public was invited to participate through several concurrent means, including the HMPC meetings, online surveys, paper surveys, press releases, newsletter articles, and the Lake County website. A public meeting was held on October 21, 2016 at the Lake County Administration Building in Waukegan, Illinois. The public comment period extended from October 21 to November 21, 2016. Natural Hazard Risk Assessment The HMPC reviewed all potential natural hazards that could impact Lake County, and evaluated them based on their causes, their likelihood of occurring, and their impact on people, property, critical facilities, and the local economy. The information was based on available technical studies and reports by the participating agencies and communities and on their past experiences. The table below shows the natural hazards that are the focus of this ANHMP and provides a summary of the hazards’ potential impact on Lake County’s health and safety, total assets, and economy from the risk assessment. The Planning Process 150 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-4 August 2017 Summary of Impact on Natural Hazards Impact on Hazard Health and Safety Buildings Critical Facilities Economy Floods (1% chance any year) Moderate High Moderate High Floods (10% chance any year) Moderate Moderate Moderate Moderate Tornado (Countywide) High High Moderate Moderate Tornado (Community) High High Moderate Moderate Severe Summer Storms Moderate Moderate Moderate Low Severe Winter Storms Moderate Moderate Moderate Low Drought High Moderate Low Moderate Earthquake Low Low Moderate Low Dam Failure -- -- -- -- Extreme Temperatures Low Low Low Low Erosion Moderate Low Low Moderate Power Outage High Low Low Low All exhibits included in Chapters 3 and 5 will be available on the SMC website. Exhibits can be downloaded at: http://www.lakecountyil.gov/2369/All-Natural-Hazards-Mitigation-Plan Hazard Mitigation Goals and Guidelines The goals of the ANHMP were reviewed and reaffirmed by the HMPC. The ANHMP goals are: Goal 1. Protect the lives, health, and safety of the people of Lake County from the impact and effects of natural hazards. Goal 2. Protect public services, utilities and critical facilities from potential damage from natural hazard events. Goal 3: Mitigate existing buildings to protect against damage from natural hazard events. Goal 4. Ensure that new developments do not create new exposures of people and property to damage from natural hazards. Goal 5. Mitigate to protect against economic and transportation losses due to natural hazards. Chapter 4 presents guidelines developed by the HMPC for the purpose of achieving the above goals and to facilitate the development of hazard mitigation action items. Hazard Mitigation Strategies The HMPC then considered mitigation strategies for the natural hazards shown on page ES-4. The HMPC reviewed current preventive mitigation measures being implemented by the County and municipalities. Preventive measures include activities such as building codes and the enforcement of the Lake County Watershed Development Ordinance. Lake 151 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-5 August 2017 County is very strong in preventive measures through floodplain regulations and sustainable projects. Property protection mitigation measures are used to modify buildings or property subject to existing damage. The HMPC agreed that special attention should be given to floodplain areas and designated repetitively flooded areas. SMC should continue with their voluntary floodplain acquisition program. Many measures can be implemented by the property owners, such as dry and wet floodproofing. Appropriate government activities include public information, technical assistance and financial support. Emphasis has also been placed on critical facilities; understanding their vulnerability to wind and severe storm hazards. Natural resource protection activities are aimed at preserving (or in some cases restoring) natural areas. They include preserving wetlands, control of erosion and sedimentation, stream restoration, and urban forestry. Urban forestry programs are encouraged to protect utility lines during wind and ice storms. The HMPC called for a better understanding of flood and other hazards to improve emergency management – preparedness, response and recovery. Structural mitigation projects, such as the regional detention basins are still important within the County’s comprehensive watershed management program. Additional watershed studies are still needed. The HMPC also recommended that each community establish a formal and regular program of drainage system maintenance and examine drainage improvements. The HMPC identified numerous subject areas that would benefit from a coordinated public information program to focus on residents and property owners obtaining proper insurance and ways for people to protect themselves and their property from natural hazards. Source: Daily Herald Case Study: Lake County’s Flood Hazard Mitigation Program The Lake County Stormwater Management Commission began purchasing repetitively damaged homes and properties in 1998 utilizing funds from FEMA’s Pre-Disaster Mitigation, Hazard Mitigation Grant, and Severe Repetitive Loss Grant programs. Grant funding received to date amounts to over $9 million for the purchase of 198 structures and properties in the Village of Gurnee, the Village of Round Lake Heights, unincorporated Wauconda Township and other areas throughout the county. A mix of local cost -share funding has included Lake County’s Capital Improvement Program, local municipalities and SMC. 152 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-6 August 2017 Mitigation Action Plan The action plan outlines the recommended activities and initiatives to be implemented over the next five years. It is understood that implementation is contingent on the availability of resources (staff and funding). The action plan identifies those responsible for implementing the action items, and when they are to be completed. Mitigation actions are not limited to those listed in the action plan. Other recommendations in this ANHMP (Chapter 5) should be implemented as opportunities arise. There are 33 action items included in this ANHMP update. The first two action items are administrative. The first action item calls for the formal adoption of this ANHMP. Formal adoption is a requirement for recognition of the ANHMP by mitigation funding programs. The HMPC will provide the mechanism and a vehicle for the ANHMP to be implemented, monitored, evaluated and updated, and for continued public involvement. The HMPC will report to the County Board and municipal councils and boards, annually, and participate in the next five-year update. The other action items are mitigation program items. Many are ongoing activities of stormwater management and emergency management offices and agencies. The action items were prioritized by the HMPC based on action that they felt should be implemented countywide and which each municipality should undertake. Below is a list summarizing the action items included in Chapter 6. Action items are also presented as community- specific action items in Chapter 6. 2017 ANHMP Action Items – for All Agencies and All Communities 1. Adoption 2. Monitor & Maintain 3. Incorporate ANHMP in Other Plans 4. Implement WDO & NFIP 5. Public Information 6. Alternate Power Sources 7. Mitigation of Critical Facilities 8. Capacity of Drainage Systems 9. Maintain Drainage Systems 10. Property Protection Projects 11. Reduce Inflow and Infiltration 12. Wind Mitigation & Safe Rooms 13. Tree City USA 14. NIMS Compliance 15. Improve Building Codes 16. Seek Grant Funding 17. StormReady 18. CRS Participation 19. Continue to Map Natural Hazard Impacts & Continue Vulnerability Assessments 20. SMC Flood Mitigation Projects 21. Development of Flood Stage Maps 22. Snow Removal Plan 23. Utility Tree Trimming 24. Sump Pump Disconnects 25. Local Drainage Studies 26. Increase Detention 27. SMC Flood Mitigation Projects 28. Development of Flood Stage Maps 29. Snow Removal Plan 30. Investigate Countywide Warning System 31. Investigate Future Conditions & the Impact on Depth and Frequency of Flooding 32. Lincolnshire Creek Improvements 33. Mitigate Septic Discharge; Leaching into Waterways 34. Emergency Response 35. Implement the FFRMS 153 Lake County All Natural Hazards Mitigation Plan Executive Summary ES-2 August 2017 Plan Adoption This ANHMP serves to recommend mitigation measures for Lake County. Adoption is also a requirement for recognition of the ANHMP by FEMA for mitigation funding programs. The adoption of this Lake County All Natural Hazards Mitigation Plan will be done by resolution of the County Board, the city councils, and boards of trustees of each participating municipality. The municipal resolutions will adopt each action item that is pertinent to the community and a person responsible for it will be assigned. With adoption, the County and each municipality are individually eligible to apply for FEMA mitigation grant funding. Summary This 2017 update to the ANHMP was developed by the Lake County HMPC as a multi - jurisdictional ANHMP to meet federal mitigation planning requirements. This ANHMP updated the examination of natural hazards facing Lake County, establishes mitigation goals, evaluates and highlights the existing mitigation activities underway in Lake County, and recommends a mitigation action plan for the County and municipalities to undertake in the next five years. The mitigation efforts included in this ANHMP are for protecting people, property and other assets of Lake County. Some action items are ongoing efforts; others are new. Implementation of all action items is contingent on the availability of staff and funding. This ANHMP will be adopted by resolution by the County and each participating municipality. This ANHMP will be implemented and maintained through both countywide and individual initiatives, as funding and resources become available. 154 ANHMP Update FAQs 1 Lake County All Natural Hazards Mitigation Plan – 2017 Update Frequently Asked Questions (ANHMP FAQs) 1. What is the Lake County All Natural Hazards Mitigation Plan? The Lake County All Natural Hazards Mitigation Plan (ANHMP) is a plan that addresses natural hazards that may impact Lake County, such as floods, severe summer storms, winter storms and tornadoes, and identifies activities that can be undertaken by both the public and the private sectors to reduce safety hazards, health hazards, and property damage caused by natural hazards. While the ANHMP was developed countywide, it is considered to be a “multi-jurisdictional plan.” 2. Why was the ANHMP developed? Having an adopted mitigation plan allows Lake County and participating Lake County municipalities to be eligible for mitigation grant funds from the Federal Emergency Management Agency (FEMA). The ANHMP was developed to fulfill the federal mitigation planning requirements of Section 104 of the Disaster Mitigation Act of 2000 and the Stafford Act for funding under the FEMA Hazard Mitigation Assistance (HMA) grant programs. The ANHMP is also eligible for credit for communities that participate in FEMA’s Community Rating System (CRS) under the National Flood Insurance Program. 3. Who developed the ANHMP? The ANHMP was developed through a mitigation planning committee that included Lake County, participating Lake County municipalities and other stakeholders, and through the assistance of a planning consultant. The Hazard Mitigation Planning Committee (formerly called the Local Planning Committee or LPC) was established as a permanent advisory body to Lake County in 2006 and has been meeting annually. 4. Why update the ANHMP? FEMA requires hazard mitigation plans to be updated and re-adopted every five (5) years. 5. What was the update “process”? Our update process included three meetings of the Hazard Mitigation Planning Committee (HMPC) to review the ANHMP’s goals and action items , and to draft updated plan. Information was requested from municipalities regarding mitigation activities of the past five years. Public input and comments were collected through an online survey. A draft of the updated ANHMP was made available for public review and a public hearing/meeting, and sent to Illinois Emergency Management Agency (IEMA) and FEMA for review and approval. Last, the County and participating municipalities will adopt the updated ANHMP. 155 ANHMP Update FAQs 2 6. The ANHMP is considered multi-jurisdictional. Is this the same as “countywide”? No, the ANHMP is not a countywide plan like the Lake County Stormwater Management Plan. FEMA allows for the multi-jurisdictional development of hazard mitigation plans. Each government agency must adopt and implement the ANHMP for its own purposes. The County Board adoption of the ANHMP is for unincorporated areas of the County. Each municipality must adopt the ANHMP for themselves. 7. How do we adopt the ANHMP? By resolution. Communities will be provided with a sample adoption resolution and instructions on where to send a copy of the resolution for IEMA and FEMA’s records. 8. If we don’t adopt the 2017 ANHMP will our community is eligible for IEMA/FEMA disaster assistance following a disaster declaration for Lake County? Yes. This ANHMP is for the mitigation grant purposes. It is not tied to disaster assistance. Recognize that often mitigation projects come to light following a disaster. It is prudent to have an adopted mitigation plan. 9. Who will implement the Mitigation Plan? Each municipality, agency and institution that adopts the Mitigation Plan will implement the Mitigation Plan, according to the resolution passed, and as resources (staff time and funding) become available. Ideally, there will be some joint efforts, through the Mitigation Committee, with the County, municipalities and townships to implement mitigation actions. An example of a joint effort may be the development of common public information materials. 10. What are the types of mitigation grants available? Planning grants and project grants. Examples of mitigation planning grants would be for the study of repetitive flood loss areas, or the evaluation of critical facilities to determine if they are disaster resistant. Examples of m itigation project grants would be for floodplain property acquisitions, or construction of a tornado shelter at a senior care facility. All plans and projects are funded 75% by FEMA and 25% by the community or agency. 11. How do we apply for a mitigation grant? Mitigation grants are applied for through the IEMA. An online “eGrant” application is used. Communities can contact Ron Davis, the State Hazard Mitigation Officer at IEMA, at 217/782 -8719 (mailto:ron.davis@illinois.gov) for more information. 12. What is the FEMA web site for hazard mitigation grants programs? For more information about FEMA mitigation grant programs, or HMA, visit: www.fema.gov/hazard-mitigation-assistance. Also, visit IEMA’s web site at: www.state.il.us/iema/planning/planning.htm 13. How can I learn more about the Community Rating System (CRS)? Information on the CRS can be found at FEMA’s web site: www.floodsmart.gov/crs or www.fema.gov/national-flood-insurance-program-community-rating-system 14. Who do we contact about the ANHMP update? Feel free to contact Sharon Østerby of the SMC at mailto:sosterby@lakecountyil.govor 847-377-7706. 156 A RESOLUTION ADOPTION OF THE 2017 LAKE COUNTY ALL NATURAL HAZARDS MITIGATION PLAN WHEREAS, Lake County is subject to flooding, tornadoes, severe summer and winter storms, and other natural hazards that can damage property, close businesses, disrupt traffic, and present a public health and safety hazard; and WHEREAS, the Lake County Hazard Mitigation Planning Committee has prepared and recommended the 2017 update of Lake County All Natural Hazards Mitigation Plan that reviews the County’s options to protect people and reduce damage from hazards; and WHEREAS, the Lake County and Lake County municipalities prepared and adopted the 2012 Lake County All Natural Hazards Mitigation Plan and the 2017 Lake County All Natural Hazards Mitigation Plan is an update required by the Federal Emergency Management Agency; and WHEREAS, the 2017 Lake County All Natural Hazards Mitigation Plan was developed as a multi-jurisdictional plan and has been submitted and approved by Illinois Emergency Management Agency and the Federal Emergency Management Agency; and WHEREAS, the recommended 2017 Lake County All Natural Hazards Mitigation Plan has been widely circulated for review by residents and federal, state, and regional agencies and has been supported by those reviewers; and WHEREAS, the preparation and adoption of a community mitigation plan is a requirement of the Federal Emergency Management Agency in order for Lake County to be eligible for federal mitigation funds under Section 104 of the Disaster Mitigation Act of 2000 (42 USC 5165), and under 44 CFR (Code of Federal Regulations) Part 201. NOW, THEREFORE BE IT RESOLVED, that the 2017 Lake County All Natural Hazards Mitigation Plan, is hereby adopted as an official plan of The City of Lake Forest and; BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to distribute a certified copy of this Resolution to the Lake County Stormwater Management Commission. ADOPTED this the _____ day of ________________, ______. ________________________________ Clerk APPROVED this the ______ day of _________________, _____ ________________________________ Mayor 157 {00016578} 1 THE CITY OF LAKE FOREST ORDINANCE NO. 17-_____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE RELATING TO REAL ESTATE TRANSFER TAXES WHEREAS, The City of Lake Forest (the “City”) is a home rule, special charter municipality existing in accordance with the Illinois Constitution of 1970; and WHEREAS, pursuant to its home rule authority, the citizens of the City have authorized the imposition of a tax upon the transfer of real property within the City (the “Transfer Tax”); and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to update and clarify the terms, provisions, enforceability, and requirements of the City Code with respect to the Transfer Tax; 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 Sections 39.155 through 39.166 of the City Code. Sections 39.155 through 39.166, entitled “Real Estate Transfer Tax,” of Chapter 39, entitled “Taxation,” of Title III, entitled “Administration,” of the City Code are hereby amended in their entirety, so that said Sections 39.155 through 39.166 shall hereafter be and read as set forth in Exhibit A to this Ordinance, which Exhibit A is attached to and made a part of this Ordinance. 158 {00016578} 2 SECTION THREE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2017. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2017. _____________________________ Mayor ATTEST: _______________________________ City Clerk 159 {00016578} 3 EXHIBIT A REAL ESTATE TRANSFER TAX § 39.155 REAL ESTATE TRANSFER TAX IMPOSED. (A) A tax is imposed hereby on the privilege of transferring of legal or beneficial title to real property and on the privilege of transferring a beneficial interest in real property (collectively, “real estate transfers”), when such real property is located within the corporate limits of the city as evidenced by the recordation of a deed by any person or by the delivery of any deed or assignment of interest of said real property, recorded on or after July 5, 2006, whether investing the grantee with the beneficial interest in, legal title to or a controlling interest in the real estate entity owning said property or merely investing the grantee in the possession or use thereof for any purpose or to secure future payment of money or the future transfer of any such real property. For purposes of this subchapter (being §§39.155 through 39.166), and to the extent permitted by law, a real estate transfer shall include the transfer of a controlling interest in a real estate entity owning real property located within the corporate limits of the city. (B) Except as provided in §39.159, the The tax imposed shall be at a rate of $4 for every $1,000 value as stated in the declaration; or, if no value is set forth in the declaration, then the fair market value based on the most recent equalized assessed valuation (“EAV”); or, if no value can be ascertained from the EAV, then the lesser of $12,500 or the value established by a certified MAI appraisal prepared not more than six months prior to the date of the declaration. Said tax shall be in addition to any other tax imposed by the state or any other political subdivision thereof; provided, however, that the actual amount of taxes due pursuant to this section shall in each case be rounded upward to the next increment of $5. (C) For purposes of this subchapter, terms shall have the same meaning as the terms defined in the Real Estate Transfer Tax Law, 35 ILCS 200/31, as amended from time to time, unless otherwise defined in this subchapter or unless the context plainly suggests a different meaning. In addition, the term DEED as used in this subchapter shall include without limitation a deed, a document transferring a controlling interest in real property, an assignment of beneficial interest in real property or any other document effecting or representing a real estate transfer under this subchapter. In addition, the terms REAL PROPERTY and REAL ESTATE shall be deemed to have the same meaning for purposes of this subchapter. (Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010) § 39.156 COLLECTION OF TAX; DECLARATION. (A) Except as otherwise provided in connection with § 39.159, the tax herein levied and imposed The taxes levied and imposed under this Subchapter shall be collected for and on behalf of the city by the City Clerk or the Clerk’s designee through the sale of a revenue or transfer stamp, which shall be prepared by said City Clerk in such quantities as the Clerk may prescribe. Such revenue stamp shall be available for sale at the City Clerk’s office during regular business hours of the City Clerk and/or at other locations or times designated by the City Clerk. (B) (1) At the time the tax imposed by § 39.155 is paid or an application is made for exemption therefrom this Chapter 39 is paid (including taxes paid in connection with an application for exemption under §39.159), there shall also be presented to the City Clerk or the Clerk’s designee, on a form prescribed by the Clerk, a declaration signed by at least one of the sellers and also signed by at least one of the buyers involved in the transaction or by their attorneys or 160 {00016578} 4 agents for the sellers or buyers. The declaration shall state information including, but not limited to: (a) The value of the real property located in the city subject to a real estate transfer; (b) The parcel identifying number of the property; (c) An adequate The legal description of the property, including its address; (d) The date of the deed, the date the transfer was effected, or the date of the trust document; (e) The type of deed, transfer, or trust document; (f) The address of the property; (g) The type of improvement, if any, on the property; (g)(h) Information as to whether the transfer is between related individuals or corporate affiliates or is a compulsory transaction; (i) The lot size or acreage; (j) The value of personal property sold with the real estate; (h)(k) The year the contract was initiated if an installment sale; (i)(l) The name, address and telephone number of the person preparing the declaration; (j)(m) A written statement by both the grantor or grantor’s agent and the grantee or grantee’s agent that the information contained in the declaration is true and correct to the best of his or her knowledge and belief; and (k)(n) A complete and accurate copy of the declaration to be submitted pursuant to the Real Estate Transfer Tax Law, 35 ILCS 200/31, as such law may be amended from time to time (the “PTAX Declaration”). (2) Except as provided in § 39.159,no No deed shall be accepted for recordation unless it bears on its face the transfer stamps of the city (including an exemption stamp issued pursuant to §39.159), and no transfer stamps shall be issued unless such deed is accompanied by a declaration containing all the information requested in the declaration. When a declaration is signed by an attorney or agent on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustee being a mere repository of record legal title with a duty of conveying the real estate only when and if directed in writing by the beneficiary or beneficiaries having the power of direction, the attorneys or agents executing the declaration on behalf of the sellers or buyers need only identify the land trust that is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement. (C) Each declaration so presented shall be accompanied by a deed. In addition to other requirements imposed by law, each deed so presented shall contain the date of the conveyance which it evidences, the legal an adequate description and the permanent tax index number of the real property being conveyed (including an address and the permanent tax index number), and the names of the grantor and grantee; except that, with respect to the latter, in the case of an assignment of beneficial interest, a facsimile thereof executed by agents or attorneys as and for 161 {00016578} 5 each of the grantor and grantee but otherwise not containing the names or identities of the grantor and grantee shall be acceptable. (D) The primary liability for payment of said tax shall be borne by the grantee reflected in the deed unless otherwise negotiated by contract; provided, however, that it shall be unlawful for the grantee to accept a conveyance if the applicable transfer tax for that conveyance or any prior conveyance respecting the real property has not been paid, and such grantee is deemed to accept liability for such unpaid transfer tax. If at the time of recordation the tax has not been paid and the stamp is not visible uponto the deed, then the grantee’s title shall be subject to the lien provided in §39.158, as well as the penalties set forth in § 39.999. The tax herein levied shall be in addition to any and all other taxes. (E) Notwithstanding any provision in this subchapter to the contrary, the City Clerk or designee shall not issue any transfer stamps for any real property that: (1) Has any due but unpaid fees, charges, taxes, penalties or other amounts due to the city unless and until such amounts (plus any applicable interest) shall have been paid in full, including without limitation any taxes, interest, and penalties due pursuant to §39.155 (as such tax may be reduced pursuant to §39.159), notwithstanding the enforceability of any lien under §39.158.B; (2) Has any outstanding violations relating to the real property for which the city has issued notice unless and until every such violation is corrected; (3) Has any incomplete permit activity unless and until such activity is completed and inspected in accordance with applicable permits and codes; or (4) Has not obtained a receipt of for the final water bill payment, payment of all amounts due pursuant to Section 51.077 of the City Code, and successfully completed successful completion of all required inspections related to the closing or transfer of a water account with the city. (Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010) § 39.157 RECORDATION. (A) It shall be unlawful for any person to present or cause to be presented to the Recorder of Deeds or agent thereof and/or any land trustee or agent thereof to accept a deed for recordation or execution, as the case may be, unless the tax imposed by §39.155 (as such tax may be reduced pursuant to §39.159) has been paid and the revenue stamp sold in the collection of said tax have been made visible on the deed to be recorded. (B) Upon payment of the tax herein levied and imposed, the revenue stamp so purchased shall be visible on the deed or other instrument of conveyance. Any person so affixing a revenue stamp shall cancel it and so deface it as to render it unfit for use by marking it with his or her initials and the day, month, and year when the affixing occurs. Such markings shall be made by writing or stamping in indelible ink or by perforating with a machine or punch. However, any revenue stamp shall not be so defaced as to prevent ready determination of its denomination and genuineness. (Ord. 06-18, passed 4-20-2006) 162 {00016578} 6 § 39.158 LIEN CREATED; ENFORCEMENT. (A) In the event a deed is filed for recordation for real estate within the corporate limits of the city without payment of the tax imposed in §39.155 (as such tax may be reduced pursuant to §39.159), a lien is hereby created against said real estate so conveyed in the amount of the tax plus interest as accrued pursuant to §39.162, and any penalty imposed pursuant to §39.999. The fact that the deed does not contain a city revenue stamp in an amount equal to the tax imposed by this subchapter shall constitute constructive notice of lien. The lien (B) Any lien filed in accordance with Section 39.158 may be enforced by proceedings for foreclosure, as in cases of mortgages or mechanics’ liens. Suit to foreclose this lien must be commenced within three years after the date of recording the deed or the time otherwise prescribed by statute, whichever is later. (C) Nothing herein shall be construed as preventing the city from bringing a civil action to collect the tax imposed by this subchapter from any person who has the liability for payment of the same, including interest and penalties as herein below provided. (D) The unlawful acceptance of a conveyance of real property in the city without paying the applicable transfer tax shall be a violation of the City Code that may result in the termination of water service to such real property. (Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010) § 39.159 DEED EXEMPTED FROM TAX. (A) The following deeds shall be exempt from the administrative fee tax pursuant to this subchapter (except for the first $50 of the tax imposed pursuant to §39.155, which tax shall defray the cost of processing the exemption request): (1) Deeds recorded before July 5, 2006; (2) Deeds representing real estate transfers contracted before May 1, 2006 but recorded on or after July 5, 2006, and trust documents executed before May 1, 2006 but recorded after July 5, 2006; provided, however, that in no event shall this exemption apply to any deeds recorded after December 31, 2006. For real estate transfers falling within this exemption, a declaration PTAX Declaration shall be filed in accordance with § 39.156 along with a true and accurate copy of such contract or trust document, and the Finance Clerk may affix “exempt” stamps to such deed; (3) Deeds relating to: (1) Real property acquired by any governmental body or from any governmental body; (2) Property or interests transferred between governmental bodies; or (3) Property by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes; except that such deeds, other than those in which the Administrators of Veterans’ Affairs of the United States of America is 163 {00016578} 7 the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration. (4) Deeds that secure debt or other obligation; (5) Deeds that, without additional consideration, confirm, correct, modify or supplement a deed previously recorded; (6) Deeds where the actual consideration is less than $100, except that such deeds shall not be exempt from filing the declaration; (7) Tax deeds; (8) Deeds that release property that is security for a debt or other obligation; (9) Deeds of partition; (10) Deeds made pursuant to mergers, consolidations, or transfers of sales of substantially all of the assets of corporations pursuant to plans of reorganization under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act; (11) Deeds made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary’s stock; (12) Deeds where there is an actual exchange of real estate or beneficial interests, except that the money difference or money’s worth paid from one or the other shall not be exempt from the tax. Such deeds shall not be exempt from filing the declaration; (13) Deeds issued to holder of a mortgage, or the wholly owned subsidiary of a holder of a mortgage, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure; and (14) A deed related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, 310 ILCS 55/1 et seq., except that those deeds shall not be exempt from filing the declaration. (B) Deeds that qualify under §39.159(A) shall be required to purchase and obtain from the city a stamp to be affixed to such deed. (C) Any person seeking to establish that a deed qualifies under §39.159(A) shall be required to complete and deliver such form(s) as may be required by the city and otherwise to provide to the city all information that the city determines is necessary to establish that such deed qualifies under §39.159(A). In addition to the generally applicable requirements for qualification of a deed under §39.159(A), properties seeking an exemption pursuant to §39.159(A)(13) may in determination of the city also be required to provide: § 39.160 REQUIRED NOTIFICATIONS. (A) A deed that is exempt from the tax imposed under this subchapter pursuant to § 39.159(M) shall not be required to file a declaration pursuant to § 39.156 provided that the 164 {00016578} 8 grantee shall have filed with the Finance Clerk prior to the recording of the deed a written notification setting forth at least the following information: (1) The address of the property that is the subject of the deed; (2) The name of the grantor(s) and grantee(s) under such deed; (3) An explanation of the circumstances giving rise to such deed (e.g., foreclosure sale, deed in lieu of foreclosure and the like); (1) The name, address, phone number(s) and e-mail address of a person who may be contacted on behalf of the grantee in connection with the property that is the subject of the deed; (2) A statement regarding the intended use of the property that is the subject of the deed, including whether it will be immediately occupied or be left unoccupied; and (3) An acknowledgment that the grantee assumes responsibility for the condition of the property that is the subject of the deed including conditions pre-dating the date of the deed. (B) The City Manager may cause appropriate forms to be prepared for the notifications required under this section, in which case the requirements of this section may only be satisfied by completing and filing such form. (Ord. 06-18, passed 4-20-2006; Ord. 2008-39, passed 11-17-2008; Ord. 2010-07, passed 3-15- 2010; Ord. 2011-32, passed 12-5-2011) § 39.160 [Reserved.] § 39.161 VIOLATION; ENFORCEMENT; SUIT FOR COLLECTION. Whenever any person required under the terms of this subchapter Whenever any person required to pay taxes under §39.155 (as such tax may be reduced pursuant to §39.159) shall fail to pay any such taxes, or whenever any purchaser or grantee shall accept a deed of conveyance where the applicable tax imposed by this subchapter has not been paid, said person shall be subject to a fine pursuant to §39.999, as well as interest pursuant to §39.162. For purposes of §39.999, each day that a deed has been recorded without paying the taxes required under this subchapter shall be a separate violation of the provisions of this subchapter. (Ord. 06-18, passed 4-20-2006; Ord. 2008-39, passed 11-17-2008) Penalty, see § 39.999 § 39.162 INTEREST. In the event of failure by any person to pay to the Finance Clerk the tax required hereunder when the same shall be due, interest shall accumulate and be due upon said tax at the rate of 1% per month, commencing as of the first day following the day when the tax becomes due a deed has been recorded without the required city revenue stamp. (Ord. 06-18, passed 4-20-2006) 165 {00016578} 9 § 39.163 PROCEEDS OF TAX. All proceeds resulting from the imposition of the tax, including any interest, shall be paid to the city and shall be credited to and deposited in the city’s Capital Improvement Fund. Proceeds from any penalties collected under this subchapter shall be deposited in the city’s General Fund. (Ord. 06-18, passed 4-20-2006) § 39.164 REFUNDS. (A) A grantee, assignee or purchaser (hereinafter referred to as “taxpayer”) who has purchased a dwelling unit in the city (the “purchased dwelling unit”) and has paid or caused to be paid to the City Clerk or the Clerk’s designee the tax provided for in § 39.155 shall be entitled to a refund equal to the lesser of the amount of such tax or $2,000; provided such taxpayer satisfies the following requirements: (1) Either taxpayer as seller-purchaser. The taxpayer must meet all of the following requirements: (a) The taxpayer has sold a dwelling unit in the city not more than one year prior to acquiring the purchased dwelling unit for which any tax imposed under § 39.155 of this subchapter was timely and fully paid (the “sold dwelling unit”); (b) The taxpayer had occupied the sold dwelling unit as taxpayer’s principal residence for at least three years prior to sale; (c) The taxpayer has either: i. Purchased and occupied as taxpayer’s principal residence the purchased dwelling unit within one year after the closing on the sale of the sold dwelling unit and has not been the legal or beneficial owner of another dwelling unit occupied as taxpayer’s principal residence during such one year period; or ii. The taxpayer has entered into a valid and binding contract, dated not later than 60 days after the closing on the sale of the sold dwelling unit, to purchase a newly constructed or renovated purchased dwelling unit within the corporate limits of the city, but is unable to occupy such newly constructed or renovated purchased dwelling unit within the time period specified in division (A)(1)(a) above solely because a certificate of occupancy has not been issued by the city for such newly constructed or renovated purchased dwelling unit. The refund due under this division (A)(1)(c)(ii) shall be paid to the taxpayer only upon actual occupancy of the newly constructed or renovated purchased dwelling unit by the taxpayer as his or her principal residence; and (d) The tax due on the purchased dwelling unit was timely and fully paid in accordance with this subchapter. (2) Or taxpayer as purchaser-seller. The taxpayer must meet all of the following requirements: 166 {00016578} 10 (a) The taxpayer had purchased a purchased dwelling unit for which any tax imposed under § 39.155 was timely and fully paid not more than one year prior to selling the sold dwelling unit; (b) The taxpayer had occupied the sold dwelling unit as taxpayer’s principal residence for at least three years prior to the purchase of the purchased dwelling unit; (c) The taxpayer has occupied as taxpayer’s principal residence the purchased dwelling unit within one year before the closing on the sale of the sold dwelling unit and has not been the legal or beneficial owner of another dwelling unit occupied as taxpayer’s principal residence during such one-year period; and (d) The tax due on the sold dwelling unit was timely and fully paid in accordance with this subchapter. (B) No taxpayer shall be entitled to a refund under this section unless a completed application therefor shall have been filed with the Finance Clerk within one year after the payment of the real estate transfer tax for the purchased dwelling unit for which a refund is sought. The taxpayer shall bear the burden of delivering evidence satisfactory to the City Clerk of taxpayer’s entitlement to such refund. In the event that a taxpayer intends to seek relief under Section 39.166 from the one-year limitations established in Section 39-164(A)(1)(a) or 39-164(A)(2)(a), the taxpayer must notify the City by supplementing the application for refund prior to the expiration of such one-year limitation period to indicate that an appeal is anticipated and the bases therefor. (C) Notwithstanding the foregoing, for any taxpayer that had paid or will pay the tax imposed under § 39.155 between November 17, 2008 and November 17, 2010, the time period for qualifying or applying for a refund of the transfer tax shall be extended to two years. (Ord. 06-18, passed 4-20-2006; Ord. 2008-39, passed 11-17-2008; Ord. 2009-29, passed 11-16- 2009) § 39.165 RULES. The City Manager may establish and adopt rules, regulations and materials as the Manager deems necessary or appropriate in furtherance of the implementation and efficient and effective administration of this subchapter. (Ord. 06-18, passed 4-20-2006) § 39.166 APPEALS; VARIANCES. (A) Appeals. (1) Appeals shall be available to any person who believes that any of the terms of Sections 39.155 through Section 39.165 have been misapplied with respect to the circumstances relating to such person. (2) Any person who shall be subject to the tax pursuant to this subchapter, or any applicant for exemption or refund under §§ 39.159 or 39.164, who disputes the imposition of or amount of the tax imposed pursuant to this subchapter or a determination under §§ 39.159 or 39.164 may seek a review of such imposition or amount of the real estate transfer tax or the determination under either §§ 39.159 or 39.164 by filing with the City Manager, within 30 days 167 {00016578} 11 after the notification of the transfer tax amount or the determination on a request for exemption or refund under §§ 39.159 or 39.164, respectively, a request for review. The request for review shall set forth in detail the basis for the dispute of the imposition, amount or determination relating to the transfer tax, an exemption therefrom or a refund. The City Manager shall thereafter consider the request for review determine whether the tax should be waived, reduced or refunded pursuant to the terms of this subchapter, and provide a written determination thereof; in connection with the City Manager’s consideration of an appeal, the City Manager may require the person filing the appeal to provide an appraisal of the subject property, which appraisal shall be a certified MAI appraisal prepared not more than six months prior to the date of the appeal. (3) If such person seeks further review of the imposition or amount of the transfer tax or determination of exemption or refund under §§ 39.159 or 39.164, respectively, such person shall file a request to appeal the determination of the City Manager with the City Clerk within 30 days after mailing of the determination by the City Manager; such appeal shall be considered by the Personnel, Compensation, and Administration Committee of the City Council based on the relevant facts available regarding the real estate transfer in question and the materials presented in connection with the request for exemption under § 39.159 or for refund under § 39.164, as well as materials presented in connection with the Manager’s review provided under this section. The determination of the Personnel, Compensation, and Administration Committee shall be final. In connection with any review or appeal under this section, transfer stamps may be issued upon paying the real estate transfer tax, but any such tax payment shall not prevent a person from pursuing such review or appeal. Notwithstanding the foregoing, an applicant for (B) Variances . (1) Variances may be sought by any taxpayer seeking a refund of all or a portion of the transfer taxes paid but who cannot satisfy the one-year limitation periods established in Section 39.164. A person seeking any variance shall comply with the notice requirements of Section 39.164(B). The procedure for, and standards for obtaining, a variance will be based on the amount of time for which a variation is sought. (2) A taxpayer seeking to vary the one-year limitation period in Section 39.164(A)(1)(a) or 39.164(A)(2)(a) to not more than two years shall file an application with the City Manager within 30 days after the closing that, but for the one-year limitation period, would entitle the taxpayer to a refund. A variance under Section 39.164 may appeal this Section 39.166(B)(2) may be granted upon a showing of hardship not caused by the taxpayer seeking the refund. Such variance request shall be processed in accordance with the procedures set forth in Sections 39.166(A)(2) and 39.166(A)(3). (3) A taxpayer seeking to vary the one-year limitation period in Section 39.164(A)(1)(a) or 39.164(A)(2)(a) to not more than three years shall file an application with the City Manager within 30 days after the closing that, but for the one-year limitation period, would entitle the taxpayer to a refund. Such application shall set forth the grounds for such variance and all pertinent facts relating thereto. The application shall be presented to the Personnel, Compensation and Administration Committee for a hearing, and such Committee shall be authorized to grant a variance from the requirements for refunds set forth in Section 39.164 upon a showing of extraordinary hardship such as an act of god or medical necessity. Such hardship appeal shall be processed in accordance with the provisions of this section.The determination of the Committee shall be final. 168 {00016578} 12 (4) No variance beyond three years shall be available from the limitation period in Section 39.164(A)(1)(a) or 39.164(A)(2)(a). (Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010; as further amended 4/17/2017) 169 City says raising smoking age works Sales decrease as legal minimum bumped up to 21 BYKATETHAYER Chicago Tn'bune In the past year, Cody Rector has seen most of the regular customers at his smoke shop near Loyola University Chicago disap- pear. He said he has had to adjust his marketing to ap- peal to an older crowd after Chicago hiked the inin- imum age to buy tobacco products from 18 to 21 last year. Rector, general mm- ager at All in One Smoke Shop in Edgewater, said he consistently turns away 18- to 20-year-olds, informing them of the law. "We used to service all of the population (at Loyola)," Rector said. "We lost a significant amount of busi- ness." The dty's move, which went into effect in July 2016, is part of a growing trend by municipalities in the Chicago area and across the country to discourage teen smoking. Earlier this month. Lake County be- came the first county in Illinois to raise the min- imiun buying age to 21, which -will take effect next year. Five states have passed sinular statewide measures. PubUc health advocates and city officials say the changes lead to a healthier population, pointing to studies that show smoking is a habit formed yoimgand longtime smokers are less likely to quit But critics question the effectiveness Turn to Smoking, Page 8 170 <^a r^4- ^s say 9 <^ Smoking, from Page 1 ofhodgepodge laws, saying teens will just hop a town over to get tobacco prod- ucts or turn to a budding black market And given an . overall decline in smoking .nationwide, some wonder ;. if increasing the age to buy . tobacco is necessary. But city officials say the new law is working. Reve- nue from tobacco taxes is projected to be down about 7 percent this year, signal- ing fewer people are buy- ing the product, according to officials. And the city's tobacco enforcement team has issued hundreds of citations to businesses that sell to minors. In more than 2,500 stings at city retailers since the minimum age was raised, the team foi md about 12 percent to be in violation, officials said. "To get people to quit is much more difficult, so anything we can do to prevent an mdividual from starting is so important," said Dr. Julie Morita, com- missioner of the Chicago Department of Public Health. With the older age requirement, teens "can no longer get their friends... to purchase products for them," she added. Morita awaits data on youth smoking in the city since the buying age in- creased but said she's con- fident she'll see a decline. That would mirror the trend nationwide, where smoking continues to de- crease among teens and adults. Nationally, about 8 per- cent of high schoolers smoked cigarettes last year, down from nearly twice that in 2011 and down significantly from more than 30 percent for most of the 1990s, according to the Centers for Disease Con- trol and Prevendon. In Chi- cago in 2013, the most ^ Chicago's increase in the smoking age from 18 to 21 went into effect in July 2016. Lake County also raised its minimum age to 21, with the rule going into effect next year. recent data available, about 10 percent of high school- ers smoked, Morita said. CDC records also show that in 2016, about 20 percent of high school stu- dents had tried any kind of tobacco product, including e-cigarettes used for vap- ing, down from 46 percent three years earlier. Adult cigarette smokers nationwide decreased from about 21 percent in 2005 to about 15 percent in 2015, according to CDC data, continuing a downward trend since the 1960s, when more than 40 per- cent of adults smoked. Morita, pointing to the city's goal of a "tobacco- free generation," said she expects the teen smoking rate to continue to fall due to a number of initiatives, not only increasing the minimum age. She also noted Chicago's laws that restrict the sale of tobacco near schools, along with tax increases on cigarettes and e-cigarettes used for vapmg. "Those sales are still going to occur, they're just going to occur else- where." - Retail merchants association VP Tanya Triche Dawood Morita and other sup- porters say they're encour- aged by the increase in laws that raise the tobacco-buy- ing age and point to a 2015 study by the Institute of Medicine, now caUed the National Academy oflVtedi- cine, that sparked the movement. That research said most smokers start when they're teens and predicts a national move- ment to increase the to- bacco buying age to 21 would cause a 12 percent decrease in tobacco use among today's teens by the time they become adults. Dr. Rob Crane, president of nonprofit Tobacco 21, which lobbies for local and statewide tobacco buying- age increases, said it's im- portant to focus on teen- agers to "prevent addiction before it starts." Because the movement is still new, there's not a lot of data available to assess its effectiveness, Crane said, but he believes in- creasing the buying age is part of a solution. Such laws should be coupled with strong enforcement and other deterrent meth- ods, like taxation, he said. Retailers say the age increase hurts business at a time when they're already dealing with a drop in tobacco sales from tax in- creases. With city, county and state tobacco taxes, Chicago is home to the highest price for a pack of cigarettes in the U.S. with customers paying $7.17 in taxes per pack. Tanya Triche Dawood vice president and genera counsel of the Illinois Re tail Merchants Association said the buying-age in creases are simply pushinj sales to bordering jurisdic tions and hurting retailers. "Those sales are stil going to occur, they're jus going to occur elsewhere,' she said. She also noted th( growth of a tobacco blacl market with illegal sales o cheaper cigarettes, smug gled in from states wid lower taxes. The retail merchant; have been part of a success- ful campaign to block i statewide buying-age m crease to 21, most recently earlier this year. Dawooc said legislators were sensi- tive to the border-sale is sues and the loss of reve- nue. ."That hurts every- body." Because smoking rate; are already down, creating unnecessary restrictions can have imintended con- sequences, said Mike Males, a researcher for th( Califomia-based Center or Juvenile and Criininal Jus- tice, and author of books or youth and risk behaviors. In this case. Males saic he worries about the em- ployment of 18- to 21-year- olds. In some places, the buying-age increases alsc come with restrictions on the age of employees con- ducting tobacco sales. Even without those. Males said employers could be hesi- tant to hire underage em- ployees for fear of liability. "Eighteen- to 21-year- olds don't have a problem with smoking, but they dc have a problem with unem- ployment," he said. "I thiid it's time for the public health movement to back off. Normally when things are going this well... you'd leave it alone." kthayer@chicagotribune.com 171