CITY COUNCIL 2017/12/18 AgendaTHE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
SPECIAL CITY COUNCIL MEETING
Monday, December 18, 2017
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 - Immediately following the Special Finance Committee
Meeting that begins at 6:30pm
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. 2017-2018 Board & Commission Appointments/Reappointments
AUDIT COMMITTEE
NAME OF MEMBER APPOINT/REAPPOINT WARD
William Smith Appoint 1
Vince Sparrow Appoint as Chair
PARKS AND RECREATION BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Nancy Duffy Appoint 2
ELAWA FARM COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Alex Hodges Appoint EFF REP
A copy of the Volunteer profile sheets can be found beginning on page 16.
COUNCIL ACTION: Approve the Mayor’s Appointments
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Monday, December 18, 2017 City Council Agenda
2. COMMENTS BY CITY MANAGER
A. Consideration of approval of a Naming Rights Agreement in Relation to the
Deerpath Golf Club
COUNCIL ACTION: Approval of the Agreement
B. Annual Community Events Report and Online Community-Wide Calendar
- Octavius Hayes, Management Intern and Susan Banks,
Communication Manager
The Staff report and background material can be found beginning on page 18
COUNCIL ACTION: No action required, informational only
3. COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
1. Consideration of an Ordinance approving a Fee Schedule and Ordinance adopting
new fees related to Development Activity (Second Reading and Final Approval)
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests final approval of the proposed Ordinances.
BACKGROUND/DISCUSSION: As part of the budget process, all departments are asked to
review their user fees. A comprehensive fee schedule is provided as Exhibit A to the
Ordinance approving a fee schedule, which clearly identifies the proposed fee increases
highlighted in yellow and the proposed new fees highlighted in orange. Fees highlighted in
green are not reflective of changes in existing fees; rather, they are clarifications due to a
review of City Code and current practices.
Departments have provided supplemental memos justifying their proposed fee adjustments
and new fees, which are included in the packet beginning on page 45. New fees require a
separate Ordinance to be submitted by the department proposing the new fee and
accompany the Ordinance approving the fee schedule. The following Ordinances are
submitted for City Council consideration at this time:
• Ordinance approving a fee schedule (page 21)
• Ordinance adopting new fees related to development activity (page 42)
The fee revisions and proposed new fees were considered at the November 13, 2017 Finance
Committee meeting. The proposed ordinances were granted first reading approval on
November 20, 2017.
BUDGET/FISCAL IMPACT: Revenue for the new and increased fees is estimated to be $5,260 in
the General Fund, $290,000 in the General Fund (transferred to public safety pension funds),
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$14,110 in the Parks and Recreation Fund, $165,233 in the Water Utility Fund and $24,564 in the
Golf Course Fund.
COUNCIL ACTION: Grant final approval of the proposed ordinances.
2. Consideration of an Ordinance Establishing the 2017 Tax Levy (Second Reading and
Final Approval)
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests final approval of an Ordinance establishing
the 2017 tax levy.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Finance Committee 10/16/17 Discussion of options for 2017 levy
City Council 11/6/17 Determination of a preliminary non-
binding estimate of 2017 levy.
Finance Committee 11/13/17
Detailed discussion of 2017 levy and
alternatives to funding increases in
public safety pension.
City Council 11/20/17 First Reading Granted
BACKGROUND/DISCUSSION: The annual tax levy must be filed with the County Clerk by the
last Tuesday in December. The City has a significant reliance on property tax revenues, which
represents more than 50% of the General Fund revenue.
During City Council workshops held in June and September of 2017, the City Council
considered recommendations from its independent actuary related to the funding of police
and fire pension costs. Recommendations related to the mortality, salary increase and
payroll growth assumptions were approved and incorporated in to the actuarial valuations of
both pension funds as of April 30, 2017. The result of these changes was an immediate
increase in funding requirements in order to reduce the future annual increases the City has
experienced over the past several years.
Spreadsheets reviewing the proposed tax levy for 2017 are attached (page 56) for your
consideration. These include: 1) the tax levy limitations under the tax cap; 2) the tax levy
distributed by fund without new growth and allowances distributed; 3) the tax levy by fund
with new growth and allowances distributed; and 4) an explanation of the tax increase to an
average homeowner.
The tax levy to be approved includes the needs of all City departments, as well as for
pensions and debt service requirements. A summary of the proposed levy is as follows:
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School District #67 levy amounts are estimated and subject to final approval at the Board’s
December 11 meeting.
The City and Library levies combine to represent approximately 23% of the total property tax
bill in Lake Forest. At the request of City Council, we are seeking data from overlapping
taxing districts on their projected levy increases. Information obtained will be presented to
the City Council on December 18.
BUDGET/FISCAL IMPACT: The proposed tax levy for 2017 reflects a 4.43% increase over the
2016 tax levy extensions for the City and Library operating funds and City pension and debt
service funds. This increase is comprised of the 2.10% property tax cap increase on operating
and IMRF pension levies; debt service bond levies as previously approved by City Council
bond Ordinances, subject to abatement for debt paid by alternate revenue sources;
increases attributable to new construction; and increases in police and fire pension costs as a
long-term strategy to managing these State-mandated costs. The average increase to
existing residents ($800,000 home) is projected to be $123 or 3.76%.
COUNCIL ACTION: Grant final approval of an Ordinance Establishing the 2017 Tax Levy (page
60).
3. Approval of Ordinances Abating 2017 Tax Levies for Various G.O. Alternate
Revenue Bond Issues (Second Reading and Final Approval)
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests final approval of ordinances abating 2017
tax levies.
Proposed
FUND 2017 LEVY 2016 Extension $ CHANGE % CHANGE
City General 14,367,553$ 13,913,628$ 453,925$ 3.26%
Pension Funds 5,316,023 4,775,101 540,922 11.33%
Fire Pension PA 93-0689 86,098 64,910 21,188 32.64%
Recreation 1,403,613 1,374,743 28,870 2.10%
Parks 3,124,170 3,059,912 64,258 2.10%
Recreation & Parks/Specific Purpose 125,000 125,000 0 0.00%
Special Recreation 465,040 440,054 24,986 5.68%
Capital Improvements 816,750 822,000 (5,250) -0.64%
Library 3,669,016 3,570,809 98,207 2.75%
Library sites 403,026 394,737 8,289 2.10%
Bond Funds 1,521,588 1,429,804 91,784 6.42%
TOTAL TAX LEVY - CITY 31,297,877$ 29,970,698$ 1,327,179$ 4.43%
School District 67- ESTIMATED 32,747,809$ 31,822,090 925,719$ 2.91%
GRAND TOTAL 64,045,686 61,792,788 2,252,898$ 3.65%
Ordinance (exclude Bond Funds)$62,524,098
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Monday, December 18, 2017 City Council Agenda
BACKGROUND/DISCUSSION: The proposed Ordinances provide for the abatement of 2017
taxes levied for the various outstanding general obligation ALTERNATE REVENUE bond issues.
The tax levies for all bond issues are established and recorded with the County Clerk at the
time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement
ordinance must be approved and filed with the County Clerk before the last Tuesday in
December. The abatement of these general obligation ALTERNATE REVENUE bonds is possible
due to the fact these bond funds have an adequate revenue source from water sales, golf
fees, sales tax or payments from the U.S. Treasury. Therefore, the general obligation tax levy
can be abated as was planned at the time the bonds were issued. The proposed
Ordinances (beginning on page 69) are as follows:
• An Ordinance Abating a Portion of the Tax being Levied in 2017 for the Annual
Payment of the Principal and Interest on the Taxable General Obligation Bonds, Series
2010-B Bond Issue
• An Ordinance Abating a Portion of the Tax being Levied in 2017 for the Annual
Payment of the Principal and Interest on the Taxable General Obligation Bonds, Series
2010-C Bond Issue
• An Ordinance Abating the Total Tax being Levied in 2017 for the Annual Payment of
the Principal and Interest on the 2011 General Obligation Series 2011-A Refunding Bond
Issue
• An Ordinance Abating the Total Tax being Levied in 2017 for the Annual Payment of
the Principal and Interest on the 2011 General Obligation Series 2011-B Refunding Bond
Issue
• An Ordinance Abating a Portion of the Tax being Levied in 2017 for the Annual
Payment of the Principal and Interest on the General Obligation Bonds, Series 2015
Bond Issue
BUDGET/FISCAL IMPACT: A summary of the proposed tax levy abatements is provided below:
COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various
general obligation bond issues.
Levy per County TIF Golf Water .5 NHRST Int Rebate Net Levy
2009 278,745.00 278,745.00
2010A 0.00 0.00
2010B 172,500.00 (72,385.31) 100,114.69
2010C 461,098.76 (76,870.68) 384,228.08
2011A 139,975.00 (139,975.00)0.00
2011B 2,676,750.00 (92,967.50) (2,062,927.50) (520,855.00)0.00
2013 533,762.50 533,762.50
2015 464,050.00 (239,312.50)224,737.50
4,726,881.26 (239,312.50) (92,967.50) (2,202,902.50) (520,855.00) (149,255.99) 1,521,587.77
1% L/C 4,774,150.07
2017 Debt Service Levy and Abatements
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Monday, December 18, 2017 City Council Agenda
PUBLIC WORKS
1. Consideration of a Resolution Approving a Lake Forest Preservation Foundation
Demonstration Project Agreement
PRESENTED BY: Stanford Tack, Chairman Public Works Committee and
Mike Strong, Assistant to the City Manager (810-3680)
PURPOSE AND ACTION REQUESTED: The Public Works Committee of the City Council is seeking
approval of a Resolution approving an Agreement between the City of Lake Forest (the
“City”) and Lake Forest Preservation Foundation (the “Foundation”) to enhance certain
interior elements of the train station in the central business district.
BACKGROUND/DISCUSSION: The east train station located in the central business district,
often viewed as the “fourth side” of Market Square, is a historic icon of the community that
serves as a gateway and central transportation hub for hundreds of daily commuters and
visitors to Lake Forest. Since 2012, the City has been working to restore and renovate the
main depot buildings, parking lots, and interior structures with the aid of over $2.8 million in
grant and external agency (i.e. Metra) provided funding.
This past fall, the City completed the last stage of grant-funded improvements that included
the relocation and expansion of the restroom facilities from their current location to a former
tenant space along the south end of the main depot building. To date, participating
agencies have invested over $2.98 million in the renovation project.
While the City has been able to repair a majority of the stations structural deficiencies and
functional limitations through this investment, there is no longer sufficient grant funding or City
resources available to replace the floor tile throughout the waiting area and former restroom
areas within the main depot building. The current estimated remaining capital budget of
$39,692 is far less than the estimated cost for architectural design, demolition of former
restroom facilities, and tile floor replacement (collectively, the “Pending Project”) which
exceeds $90,000. In an effort to complete this scope of work, the City has explored a public-
private partnership with the Foundation to assist in raising additional funds necessary to
complete the Pending Project.
While the Pending Project is the City’s top priority, the Foundation has also expressed interest
in enhancing other elements, including the installation of historically-accurate floor tile, and
the repair of original wainscoting and plaster walls within the lobby area (collectively, the
“Demonstration Project”) to reflect the historic character of the station. In an effort to forward
the Foundation’s mission to preserve the historic visual character of Lake Forest, the City and
Foundation are proposing to engage in a formal partnership to complete these
improvements. To assist in funding the budget gap, the Foundation has already raised
approximately $100,000 to support these improvements.
To formalize this arrangement, an Agreement has been prepared that is similar to the public-
private cost-sharing arrangements used for the restoration of Market Square in 2000, Elawa
Farm in 2002 and 2007, and Forest Park in 2012. As proposed, the City will be responsible for its
portion of the Pending Project and the Foundation will manage and fund the Demonstration
Project elements. In all cases, and since the improvements will become public assets, City
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Monday, December 18, 2017 City Council Agenda
staff will review and approve all applicable plans and specifications prior to the
commencement of any work.
Copies of a Resolution and Agreement are included beginning on page 74 that authorize
and permit the phasing of the Pending Project and Demonstration Project subject to various
terms and conditions.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee 12/13/17 Reviewed and Approved
PROPOSED BUDGET/FISCAL IMPACT: Included below is a summary of the proposed scope of
work and estimated costs by funding source based on the terms of the Agreement. A
detailed cost summary and allocation will be brought to the City Council for future
consideration.
SUMMARY OF PROPOSED SCOPE AND ESTIMATED COST ALLOCATION
Description of Work
Current
Estimate
City of Lake
Forest Foundation
Pending Project
Architectural Design (Plans) $5,000 $5,000
Corridor Opening (Old Bathrooms) $20,000 $20,000 -
Lobby Flooring $65,350 $7,850 $57,500
Demonstration Project
Wainscoting, Plaster/Wall Repair $35,000 - $35,000
Seating Restoration, Lighting Fixtures $7,500 - $7,500
Total $132,850 $32,850 $100,000
Below is an estimated summary of the Proposed Project budget:
FY2018 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund $39,692 $32,850 Y
COUNCIL ACTION: If determined to be appropriate by the City Council, approve the
Resolution authorizing the City Manager and City Clerk to execute the Lake Forest
Preservation Foundation Demonstration Project Agreement.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the December 4, 2017 City Council Meeting Minutes
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Monday, December 18, 2017 City Council Agenda
A copy of the minutes can be found on page 86.
COUNCIL ACTION: Approval of the Minutes
2. Check Register For Period October 28 - December 1, 2017
Fund Invoice Payroll Total
General 619,081 1,782,285 2,401,366
Water & Sewer 99,493 205,831 305,323
Parks & Recreation 201,572 485,539 687,111
Capital Improvements 1,594,771 0 1,594,771
Motor Fuel Tax 229,635 0 229,635
Cemetery 27,572 34,755 62,327
Senior Resources 20,828 30,211 51,039
Deerpath Golf Course 216,301 3,102 219,403
Fleet 102,491 67,874 170,365
Debt Funds 500 0 500
Housing Trust 0 0 0
Park & Public Land 4,651 0 4,651
All other Funds 397,507 229,301 626,808
$3,514,402 $2,838,897 $6,353,299
3. Approval of a Software License and Services Agreement with Bellefeuil, Szur and
Associates, Inc. (BS&A) for an Enterprise Resource Planning (ERP) System
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval of a contract with BS&A for an ERP
system to replace the City’s current financial and land parcel management software.
BACKGROUND/DISCUSSION: The City has used its current financial and land parcel
management software since 1998. Replacement of the current system has been included in
the City’s Five Year Capital Improvement Program and in March 2015, the City Council
approved General Fund reserves to be set aside in the amount of $1.2 million for the project.
The City’s current system (Sungard/HTE – recently acquired by Superion) includes all financial
system applications (general ledger, accounts payable, accounts receivable, utility billing,
payroll, purchasing, etc.) as well as land parcel management software (building permits,
code enforcement, etc.).
In 2016, the City was notified that the City’s vendor for Electronic Data Management System
(EDMS) would sunset the current system in December 2018. The City Council approved a
contract with Plante Moran for an EDMS Options Analysis, Needs Assessment and Gap
Analysis. In January 2017, Plante Moran issued their final report recommending that the City
retire its current EDMS solution and incorporate EDMS within a Financial System Replacement.
Based on the Plante Moran report, the City issued a Request for Proposals (RFP) for consulting
services to conduct an ERP needs assessment, and if appropriate, assist in the development
of an ERP RFP, selection of a preferred vendor and contract negotiations. A contract with
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Monday, December 18, 2017 City Council Agenda
Baker Tilly was approved by the City Council, whose final report was issued November 2, 2017
and is attached (page 93) providing a summary of the process used to select a new system.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Finance Committee 11/13/17 Presentation regarding Financial System
Replacement recommendation.
BUDGET/FISCAL IMPACT: The City has reviewed projected ten year costs of the two
responding vendors (BS&A and TylerMunis), as well as projected costs of the current system.
Ten year costs depicted below include the ERP vendor costs, an estimate for full EDMS
functionality and projected purchases of hardware and other peripheral devices. The
hardware purchases and EDMS costs will be reviewed and recommendations will be
submitted for City Council approval at a later date. The ten year costs are as follows:
The total ten year costs for BS&A of $1,150,315 is the lowest of the three options and consist of
the following components:
Vendor Description Amount
BS&A Software licenses $157,350
Software Implementation & Services 299,375
Total Initial Contract 456,725
BS&A Add 10% Contingency 45,670
To be determined Estimated hardware costs (+contingency) 157,608
To be determined EDMS (+contingency) 132,000
Total One-Year Project Cost $792,003
BS&A Estimated Maintenance – 10 years 358,312
TOTAL Estimated Ten Year Cost $1,150,315
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Monday, December 18, 2017 City Council Agenda
Below is an estimated summary of Project budget:
FY2018 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Improvements Fund
(General Fund Transfer) $0 $211,165 N
FY2019 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Improvements Fund
(General Fund Transfer) $245,560 $245,560 Y
Capital Improvements Fund
(General Fund Transfer) 45,670 45,670 Y
The City has set aside $1.2 million in General Fund reserves for this project. Funds will be
transferred from the General Fund to the Capital Improvements Fund. Annual maintenance
costs will be budgeted in the operating budget.
COUNCIL ACTION: Approval of a Software License and Services Agreement with Bellefeuil,
Szur and Associates, Inc. (BS&A) for an Enterprise Resource Planning (ERP) System. A copy of
the draft agreement is attached (page 99).
4. Consideration of Ordinances Approving Recommendations from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Building Review Board are presented to the City Council
for consideration as part of the Omnibus Agenda.
1540 N. Sheridan Road - The Building Review Board recommended approval of demolition of the
existing residence and approval of the design a new residence with an attached garage and
conceptual landscape plan. Testimony was offered by a neighboring property owner regarding
drainage. The Board noted that no regrading is proposed near the neighboring property but asked
that the City Engineer consider the neighbor’s comments during review of the drainage and
grading plan for the site. (Building Review Board vote: 5-0, approved)
574 Fletcher Circle - The Building Review Board recommended approval of additions and
alterations to the existing residence. The project includes the addition of second floor space over
the center of the home and two small, one-story additions at the rear of the home. Testimony was
presented in support of the petition. This petition was also heard by the Zoning Board of Appeals’
and the recommendation in support of a zoning variance is detailed in the following agenda item.
(Board vote: 5-0, 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 139. 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.
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Monday, December 18, 2017 City Council Agenda
5. 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.
574 Fletcher Circle – The Zoning Board of Appeals recommended approval of a variance from the
side yard setbacks to allow construction of additions and alterations. This petition was also
considered and recommended for approval by the Building Review Board 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: 7 - 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 160. 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’ recommendation.
6. Consideration to Authorize the Finance and Public Works Committee Chairmen to
Approve Expenditures $20,000 or Higher for the PSB Renovation Project and
Approval of the Construction Management Services Agreement
STAFF CONTACT: Dan Martin, Superintendent of Public Works (810-3561)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to authorize both
the Finance and Public Works Committee Chairmen to approve expenditures $20,000 or
higher for the Public Safety Building (PSB) Renovation project. In addition, staff is requesting
City Council approve the agreement for construction management services to FGM
Architect’s.
BACKGROUND/DISCUSSION: In 2015, after dispatching services relocated to Glenview, staff
began pre-planning the rehabilitation of the first floor lobby and records areas of the Public
Safety Building. Staff intends to correct ADA issues in the publically accessible first floor
bathroom, the lobby records window, add ballistic protection to the walls separating records
and the lobby, and reclaim the former dispatch center as usable office space by combining
it with the records workspace. In addition, ADA improvements to the lobby are required due
to a complaint filed in 2012 to the Office of the Attorney General.
In April, 2017 City Council approved an agreement with FGM Architects for architectural
design services to bring the lobby into compliance and repurpose the records workspace.
FGM’s services included designing the project to be accomplished in phases and provide
probable cost estimating for each construction phase. Completion of the design showed
higher than expected cost estimates to complete construction, plus it highlighted the
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Monday, December 18, 2017 City Council Agenda
difficultly of how to go about dividing the project into workable phases that maintain public
access and provide records staff an efficient workspace between phases. Between
construction phase’s, temporary partitions would be required to section off the uncompleted
areas until funding was allocated to complete the work. This would be confusing for the
public entering the building, inefficient for records staff, unsightly, and the additional funding
needed to construct the partitions would take away funding that could otherwise be used to
complete the project.
In considering these project challenges, staff proposes to have the Building Maintenance
Section manage the project using in-house staff and hiring subcontractors when needed
(e.g. fire systems, plumbing, ballistic window, etc.). The in-house approach will enable the
entire project to be completed via one phase, saving time, money and aggravation from not
having a multi-year completion date.
Over the years, for multiple C.I.P. building projects, Building Maintenance staff has taken on
the role of general contractor, utilizing a combination of in-house talent and hiring
contractors as needed. Examples of projects include remodeling the golf course proshop,
dining room, and locker rooms. Staffed worked closely with an architect to develop a design
to update the facilities functionality and appearance, and used mostly in-house skilled
maintenance workers from Public Works to complete the project.
Another current example is the demolition and remodeling of the old restroom area in the
East Side Train Station. Building Maintenance staff is working on both items in order to
minimize expenditures to both the City and the Lake Forest Foundation for Historic
Preservation. If acceptable, staff proposes to begin the project in mid-January with an April
30, 2018 completion date.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Meeting 12/13/17
Reviewed and Approved Chairmen
Expenditure Approval Concept, FGM
Agreement, and 10% Contingency
Finance Committee
Chairman 12/12/17 Concept Reviewed and Approved with
Finance Committee Chairman
City Council Meeting 4/17/17 City Council Approved Design Services
Agreement
Finance Committee
Meeting 11/14/16 Approval of PSB Lobby Reconstruction in
FY2018 Using Laurel Impact Fee
BUDGET/FISCAL IMPACT: The FGM cost estimate for a traditional general contractor to
manage the entire renovation is $439,745, which is $186,692 over the budgeted amount of
$253,053. To make up the difference in cost, staff worked with FGM to carefully review the line
items to determine which can be completed using in-house staff or which should be done
contractually. Additional cost savings will be achieved by not having to account for the
general contractor’s profit, bonding, and insurance fees. Utilizing in-house staff to perform
most of the work and savings from not paying a contractor’s general conditions, brought the
cost to complete the entire project within budget. A majority of the individual expenditures
for supplies, materials, and contractual services are expected to be less than $20,000 and
can therefore be secured using the City’s purchasing procedures with authorization by the
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Monday, December 18, 2017 City Council Agenda
City Manager. Granting authorization for both the Public Works and Finance Committee
Chairmen to review and approve expenditures exceeding $20,000, enables the Public Works
Building Maintenance staff to operate as a general contractor, work at a faster, more
efficient pace to procure materials and supplies, and hire sub-contractors to supplement the
in-house work force.
In addition, the Public Works Committee and staff are requesting approval of an agreement
with FGM Architects for project management consulting services in the amount of $32,000,
and approval of a 10% or $25,305 contingency for any unforeseen construction or project
engineering services. An important component to completing this project utilizing in-house
services is to have a qualified project management consultant to provide technical support
and assist with bid and construction specifications. FGM has completed more than 130 police
station projects, ranging from new construction to remodeling existing facilities. FGM has also
recently repurposed several vacated dispatch centers, similar to the one at PSB.
Project funding of $228,053 was earmarked through remaining impact fees received from the
Laurel Avenue project and budgeted in the FY2018 C.I.P. The remaining $25,000 is from the
Special Recreation Fund in the C.I.P. Funding which can be used for ADA compliance
improvements at all City Facilities.
FY2018 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Improvement Program $228,053 $228,053 Y
Special Recreation Fund $25,000 $25,000 Y
COUNCIL ACTION: Based upon the recommendation of the Public Works Committee, staff is
requesting approval of the following items:
1. Authorize the Public Works and Finance Committee Chairmen to execute individual
project expenditures $20,000 or more.
2. Approve entering into a professional services contract with FGM Architects, Inc. to
provide construction management assistance in the amount of $32,000.
3. Approve a 10% project contingency to cover any unforeseen construction related issues
or FGM Architects for consulting services related to this project in the amount of $25,305.
COUNCIL ACTION: Approval of the six (6) Omnibus items as presented
6. ORDINANCES
1. Consideration of an Ordinance Amending Chapter 95.177, Chapter 112.006, and
Chapter 135.135 to add electronic smoking devices to local ordinances governing
tobacco products
PRESENTED BY: Karl Walldorf, Chief of Police, 847-810-3803
PURPOSE AND ACTION: These amendments to all three local ordinances governing smoking
would add electronic smoking devices to the definitions of tobacco products and smoking in
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Monday, December 18, 2017 City Council Agenda
each and prohibit minors from possessing electronic smoking devices in the same manner
they are currently prohibited from possessing cigarettes and other tobacco products.
BACKGROUND/DISCUSSION: The City of Lake Forest currently has three local ordinances
governing the possession, sale, and use of tobacco products. Chapter 95 (“Health and
Sanitation”) currently governs smoking in public places. Chapter 112 (“Amusements”) governs
smoking at public entertainment venues, and Chapter 135 (“Offenses Affecting Public Health
and Safety”) prohibits the sale to and possession of tobacco products by minors. However,
when all three ordinances were passed, the wide variety of electronic smoking products now
on the market were unavailable and not included in any of the three ordinances.
In the intervening years since these ordinances were passed, police have occasionally faced
challenges in implementing these statues based their omission of the current generation of
electronic smoking devices. In particular, repeated cases of electronic smoking devices
containing THC being recovered from students at local schools prompted school officials to
work with police department School Resource Officers to devise amendments that would
close these loopholes.
The proposed ordinance amendments, a letter of support from Superintendent Michael
Simeck, and a report from the police department are included on page 166.
BUDGET/FISCAL IMPACT: None
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading
and grant final approval of an ordinance amending Chapter 95, Chapter 112, and Chapter
135 to add electronic smoking devices to these ordinances.
7. NEW BUSINESS
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
9. ADJOURNMENT
Office of the City Manager December 13, 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
required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the
City to make reasonable accommodations for those persons.
14
Monday, December 18, 2017 City Council Agenda
15
Volunteer List | Lake Forest Caucus | William Smith
First Name:
Last Name:
E-mail:
Title:
Organization:
Address:
Address Line 2:
City:
State:
Zip:
Mobile Phone:
Home Phone:
Notes:
Contact Info
William
Smith
smithwmp@gmaiLcom
Capital Partner
747 East Deerpath
Lake Forest
ItUnois
60045
(847)234-8006
Interest in Community Positions
Resident Data/Stats
Ward 1Ward:
Precinct:
US Citizen:
Registered Voter:
Lake Forest Resident since(YYYY):
Business Name:
Type of Business:
Business Phone:
Position:
Date of Birth (Optional):
Education: Comell University B. A. English, 1974
University of Cincinnati J. D. 1977
Spouse's Name: Kiki K. Smith
Children's Birth Years: 1984.1988, 1990,1993
Yes
Yes
1995
(312)984-7588
Caucus Committee:
Audit Committee:
Board of Fire & Police Commissioners:
Consider Me For this Position In the Future
Consider Me For this Position In the Future
Select Level of Interest
Building Review Board (BRB):
Historic Preservation Commission:
Planning Commission Labels:
Consider Me For this Position In the Future
Consider Me For this Position In the Future
Consider Me For this Position In the Future
Zoning Board of Appeals (ZBA):
Other Positions:
Consider Me For this Position In the Future
Other Considerations
Please List any regular commitments or travel that would interfere with your attendance at scheduled
meetings:
Currently am embroiled in the Puerto Rico debt mediation, which is expected to occupy a considerable
amount of midweek travel Fall 2017 and Winter and Spring 2018.
Please list any current or previous community service activites, interests, directorships, etc. -- public or
private. For each activity please indicate years served and positions held:
Board, United Way of Lake Forest/Lake Bluff 1998 - 2003
Please list other activities, specialized skills, knowledge, or professional experience that would contribute
to your effectiveness in the position(s) for which you are applying or expressing possible future interest:
While not necessarily relevant to Lake Forest, I have an extensive background in the issues involved in
restructuring and workout of distressed cities (Chicago. Chicago Public Schools, Detroit, Jefferson
County, Puerto Rico), as well as municipal finance generally and troubled hospital finance.
References (Optional):
Please state briefly why you are volunteering to serve The City of Lake Forest:
After forty years of serving clients, it is time to give back a bit
Please list any interests or activities that could lead to, or BE PERCEIVED as, a conflict of interest if you
become a candidate or appointee.:
1/116
Volunteer List | Lake Forest Caucus | Nancy Duffy
Contact Info Interest in Community Positions
First Name:
Last Name:
E-mail:
Title:
Organization:
Address:
Address Line 2:
City:
State:
Zip:
Mobile Phone:
Home Phone:
Notes:
Nancy
Duffy
nduffyhaus@aoLcom
Community Volunteer
Caucus Committee:
Building Review Board (BRB):
Gorton Community Center Board of Directors:
hlistoric Preservation Commission:
Park & Recreation Board:
I Have Held This Office In The Past
Consider Me For this Position In the Future
Consider Me For this Position In the Future
Consider Me For this Position In the Future
Consider Me For this Position In the Future
370 Glenwood Road Planning Commission Labels:Consider Me For this Position In the Future
Lake R>rest
IL
60045
(773)259-86U
ward 2 2012-2013
ward 2 2013-2014
ward 2 2014-2015
terming off 2016
replaced Marra Lochiatto as Fundraising Chair,
2015^016
Resident Data/Stats
Ward 2
Yes
Yes
2001
homemaker
Ward:
Precinct:
US Citizen:
Registered Voter:
Lake Forest Resident since(YYYY):
Business Name:
Type of Business:
Business Phone:
Position:
Date of Birth (Optional):
Education: Indiana Unroersity, Bloomington, IN.
Majored in business.
Spouse's Name: Michael W. Duffy (Mike)
Children's Birth Years: 1997 (2)
Zoning Board of Appeals (ZBA):Consider Me For this Position In the Future
Other Positions: During my professional career, I worked in sales and marketing.
Other Considerations
Please list any regular commitments or travel that would interfere with your attendance at scheduled
meetings:
I periodically travel out of town for recreation.
Please list any current or previous community service activites, interests, directorships, etc. - public or
private. For each activity please indicate years served and positions held:
Community: Lake Forest Caucus, Fundraising Chair, 2016,2015; LF Caucus Ward 2 member, 20142013;
Mustard Seed: volunteer twice weekly, solicit weekly volunteers through SignUp Genuis. 2017.
Lake Forest High School: Applause Music Booster Treasurer, 2012-2014; Applause Spaghetti Dinner
Raffle Chair, 20U. 2012: Lake Forest High School APT, Talent Show: Program Director, 2012,2013,
2014; Talent Show Response, Kudos and T-shirts, 2011; Lake Forest High School Boosters: VolteybaU
team mom, 201L2012,2014; Soccer team photographer/keepsakes, 2012,2011^012. Soccer team mom
2014; VolleybaU photographerAeepsakes, 2012.2011. 2013,2014.
Lake Rarest Club, Board of Directors, Membership: (3 yeare) 2007-2009.
Deerpath Middle School: Spirit of 67 Foundations Board. 4 years, 2006-2010, Corporate Sponsorship 0.
year), Co-Chaired Golf FaU Fundraiser (2 yeais), APT Uaison (1 year); DPM APT, 2009-2010, Room
Parent, (4 years) 200fr-2010.
Cherokee Elementary School: School Council, (2 years) 2004-2006, Cherokee APT, Parent Resources(2
years) 2002-2004> Room Parent. 2003-2004, 2005-2006.
Lake Forest Dance Academy (LFDA): Commission Board, (5 years) 2007-2012, LFDA Company Parent
Board Co-faunder. 2008-2009. LFDA Company Parent Board Financial Manager, 2008-2012, LFDA
Company Parent Board Costume/lnventoiy Manager. 2008-2012.
Girt Scouts: Troop Leader (4 years) 2006-2010, Community Manager 2007-2008.
First Presbyterian Church: volunteer Sunday School Teacher period teaching 2005-2007
Please list other activities, specialized skills, knowledge, or professional experience that would contribute
to your effectiveness in the position(s) for which you are applying or expressing possible future interest:
During my professional career, I worked in sales and marketing. I also studied interior design and
worked for a commercial interior design flrm early in my career.
References (Optional):
Peg Determan, Diana Moore, Eileen Looby, Rich Chun, CathyWaldeck
Please state briefly why you are volunteering to serve The City of Lake Forest:
I like to give back and meet the interesting residents of our city.
Please list any interests or activities that could lead to, or BE PERCEIVED as, a conflict of interest if you
become a candidate or appointee.:
1/117
1
THE CITY OF LAKE FOREST
MEMORANDUM
TO: Robert Kiely, City Manager, and Susan Banks, Communications Manager
FROM: Octavius Hayes, Management Intern
DATE: December 4, 2017
SUBJECT: Community Events & Online “Community-Wide” Calendar
PURPOSE
The purposes of this report are to review and define the types of community events that take place within the
City; identify internal and external challenges they present; and briefly outline an opportunity to address them
through the development of an online “town square” repository (i.e. City-wide Community Calendar).
BACKGROUND
The City of Lake Forest recognizes the connection community events have on the overall vitality of the
community. More importantly, community events seek to celebrate several key attributes that contribute to
the character of Lake Forest; such as, natural open spaces, lakefront, and assets; diverse recreation and
educational opportunities, cultural arts, and historic value. Therefore, the vibrancy and vitality of the City is
largely due to the community organizations within Lake Forest who seek to build a stronger sense of
awareness and community through events.
At the request of the City Council, City Staff has launched a discovery campaign to learn more about the
number and types of events that are held in the City of Lake Forest, during the months of June, July, August,
and September (“Peak Season”). During this past peak season, over 165 community events took place, which
is just short of 2 events per day. In addition to over 140 special events applied for in the year of 2017, which
is just shy of 3 times the amount applied for a decade ago.
Community Events held during the 2017 Peak Season
Event Sponsors June July August September Total Events
City Sponsored Events 1 24 22 19 15 80
Community- Based Events 2 14 12 9 17 52
City Special Event3 4 3 6 20 33
Total Community Events 42 37 34 52 165
1City Sponsored Events are events that are open to the public and conducted or sponsored by the City as
evidenced by inclusion in the City budget or by adoption of a resolution or other express approval of the
Corporate Authorities, including, but not limited to: Lake Forest Day, Tree Lighting Ceremony, Festival and
Fireworks, Santa In Market Square, Open Air Market, and Concerts in the Square.
2Community-Based Events are activities held through a partnership, association, organization, or
corporation that is conducting a planned gathering on public/private property consisting of 50 or more
people, and that are accessible to the general public, including, but not limited to: Deerpath Art League’s
Annual Fine Art Show, Elawa Farm Foundation’s Annual Celebration, Friends of Lake Forest Park and
Recreation’s Annual Golf Classic, Center Stage’s Summer Show “Brigadoon,” and Gorton Community
Center’s Safety Camp.
18
2
3City Special Events are community-based events (such as, but not limited to, a Parade, public assembly,
race, walk-a-thon, exhibit, show, or similar activity) that involves a congregation or gathering of persons held
outdoors and, in whole or in part, located upon any public property in the City and/or that require the
provisions of Special City Services. Examples of these events include, but are not limited to: Pre-planned
Parades/Marches/Demonstrations, Weddings, Ceremonies, etc.
CHALLENGES TO MANAGING COMMUNITY EVENTS
With over 160 community events taking place in the City of Lake Forest during the “peak season” and over
140 special events applied for in 2017 (an increase from 123 special events applied for in 2014), there are
plenty of things to do within the community for various residential and non-residential audiences.
Unfortunately, with scores of community organizations, 20 schools and churches, and various events held by
the City of Lake Forest, it can become a bit challenging for these community organizations and the City to
secure necessary resources, consult and plan for events as well as manage communication and coordination
among one another.
The challenge for the City is: 1) determining to what degree resources should be allocated to a community
event, and 2) the best way to execute an appropriate level of event security, which is much more difficult
when there is a high frequency of events taking place in the City during the same month, week, and/or same
day. In order to properly support community events in Lake Forest; special services, resources and on-going
consultation is required from City departments, such as Public Safety (Fire & Police), Streets & Sanitation,
Building Maintenance, and Parks/Recreation. For example, resources from Parks and Recreation are typically
involved in community events that take place on park facilities including the rental of recreation equipment,
while Streets & Sanitation provide services such as barricades, parking cones, and signage, which make it
possible for Police and Fire to carry out their respective roles. As mentioned earlier, Public Safety provides
services; such as safety, fire, food and vendor inspections, but from start to finish, Public Safety staff also
provide ongoing consultation to event planners, contractors, and staff. Unfortunately, it is difficult to balance
city resources for special events and other core services because there is a limit to the amount of resources at
the City’s disposal.
The challenge for the community relates to planning, communication and coordination. For community
organizations, there seems to be a lack of communication among one another and the City, which leads to
inefficiencies in the coordination process and a “competing” and/or “overbooking” effect within the
community. On average, approximately two events take place per day, which increases the likelihood that
conflict may occur. This ultimately results in lost time, resources and a sense of frustration among all involved
parties. Therefore, a stronger system of communication is required so that these organizations can plan and
coordinate more effectively, avoid overbooking and enhance awareness within the community.
In order to address the growing number of special events that take place within the City of Lake Forest, the
City adopted the Administrative Directive 1-17 (“Special Events Policy”) in 2001 to improve the procedure
for approving special events within the City on an annual basis. Most recently, the Special Events Policy was
amended in 2016, with the intent of ensuring an equitable and consistent review process, procedures for the
administration of special events, established conditions for fees and resource allocation, and setting an annual
cap on City-permit issued special events. Additionally, the City amended the fee schedule to recover expenses
for City special services.
STAFF RECOMMENDATION
Moving forward, the City should consider ways to maximize utility from existing media publication and
broadcasting outlets; such as, the City’s quarterly newsletter, Lake Forest Television & Video Production, and
other forms of Social & Digital Media to increase public awareness about events within the community. In
addition, continue to investigate the challenges mentioned above and identify potential opportunities that
could help provide relief to both the internal staff and various community agencies.
19
3
One approach identified by staff was the implementation of an online “town square” repository (an online
central location in which event information can be stored, managed and accessed by the public; i.e. a
Community-Wide Events Calendar) that would allow the City to enhance public awareness of events within
the community. After further investigation into the capabilities of the City website in comparison to the
alternative online calendar products available in the market, staff concluded that the existing website content
management system possessed the capability and functionality to manage this type of service. In addition, the
current system will provide a calendar feature that most users are familiar as well as, access to a more
community-wide calendar feature on the City website.
A second approach identified by staff was the consideration of a free-standing kiosk “town square”
repository, which could be accessible at City facilities and made available for partner organizations and
businesses. This option would be very similar to the online “town square” repository into which event
information can be stored, managed and accessed by the public through the online community-wide calendar
feature. The difference is that the kiosk wouldn’t display the entire City website, but rather a Community-
Wide Events Calendar. The second option would accommodate residents and community event patrons who
may not use the internet. A kiosk town square repository would also encourage patrons to peruse the
community’s event inventory on their way in and out of City Hall, Dickinson Hall, Recreation & Fitness
Center and other City facilities.
In coming to these considerations staff focused on the cost of investment, implementation, and maintenance
of both options in comparison to the overall public benefit. As a result, staff came to the conclusion, the
online Community-Wide Calendar product would yield the greatest public benefit with very little cost the
City.
20
THE CITY OF LAKE FOREST
ORDINANCE NO. 2017-_________
AN ORDINANCE APPROVING A
FEE SCHEDULE FOR THE CITY OF LAKE FOREST
WHEREAS, The City has established various fees and charges as part of its
codes, ordinances, rules, regulations, and policies, which fees and charges are
reviewed from time-to-time; and
WHEREAS, the City Council has reviewed such fees and charges, and
hereby determines that it is necessary to adjust certain existing fees and charges,
and/or to establish formally other fees and charges; and
WHEREAS, the City Council has determined that it is in the best interests
of the City and its residents to adopt this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE
OF ILLINOIS, as follows:
SECTION ONE: Recitals. The foregoing recitals are incorporated as the
findings of the City Council and are hereby incorporated into and made a part of
this Ordinance.
SECTION TWO: Approval of Fee Schedule. The City Council hereby
approves the fee schedule set forth in Exhibit A (“Fee Schedule”). To the extent
any provision of any code, ordinance, regulation, rule, or policy of the City is
21
2
contrary to the Fee Schedule, such provision is hereby deemed amended so that the
Fee Schedule shall control. Any fee or charge not otherwise listed on the Fee
Schedule shall remain unchanged and in full force and effect.
SECTION THREE: Effective Date of Fee Schedule. The fees and
charges set forth on the Fee Schedule shall take effect as of the date noted on the
Fee Schedule.
SECTION FOUR: Effective Date. This Ordinance shall be in full force
and effect upon its passage, approval, and publication in pamphlet form in the
manner provided by law.
Passed this ____ day of _________________________, 2017 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2017 _____________________________ Mayor ATTEST: _______________________________ City Clerk
22
3
Exhibit A
Schedule of Fees and Charges
23
FINAL READING - 12/18/17 CC 1 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
1. Public Works
Water Utility Fees/Charges
Turn Off Water Fee 51.064 Water 75
Turn Off Water Fee After Hours 51.064 Water 100
Turn On Water Fee 51.064 Water 75
Turn On Water Fee After Hours 51.064 Water 100
Water Main Taps:Water
1 Inch 51.030(b)Water 500
1-1/2 Inch 51.030(b)Water 1,000
2 Inch 51.030(b)Water 1,300
3,4,6 and 8 inch taps 51.030(b)Water 900
Water Meter Fees:Water
3/4 Inch 51.045(e)Water 470
1 Inch 51.045(e)Water 540
1-1/2 Inch 51.045(e)Water 910
2 Inch 51.045(e)Water 1,165
3 inch 51.045(e)Water 2,615
4 inch 51.045(e)Water 3,950
6 inch 51.045(e)Water 6,840
Plant Investment Fee - SF 52.15 Water 2,900
Multi-Family Dwelling - new structure 52.15 Water 2,652
Residential pools, sprinkler systems 52.15 Water 459
Nonresidential buildings - new structures and additions 52.15 Water 1.02/sq ft of entire
Water interior area of the building
Institutional buildings - new structure and additions 52.15 Water .94/sq ft of entire
only if eligible for fed and state tax exempt status Water interior area of the building
General Fees
Sticker for Leaf/Grass Bags 50.016 General 1.00 per sticker
Sanitation
Special Pickup 50.039 ( c)General $ 40 per cubic yard
White Goods 50.015 General 65
White Goods W/CFC 50.015 General 90
Monthly refuse collection fee 50.021 General 8.00 Per month
Licenses
Scavengers - collects and disposes of multi-family and 50.055 1,500 per company
commercial waste
Scavengers - collects and disposes of residential and 50.055 750 per company
commercial roll -offs
Exhibit A
24
FINAL READING - 12/18/17 CC 2 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Scavengers - collection and cleaning of portable toilets 50.055 200 per company
2. Community Development
Water Utility Fees/Charges
Water Service Inspection Fee N/A Water 50
Home Inspection Fee 51.065 Water 150
Home Inspection Fee - Re-Inspection 51.065 Water 50
Home Inspection Waiver 51.065 Water 25
General Fees
Zoning Analysis 159.052 General 100
Building & Development Fees:
Service Contracts:
Lake Bluff N/A General Per Agreement
Bannockburn N/A General $5,000 min.
N/A & 50% over that
Plan Review :
Remodeling up to $12,000 150.145 General 55
$12,001 to $48,000 Remodeling 150.145 General 82
$48,001 - $120,000 Remodeling 150.145 General 138
over $120,000 Remodeling 150.145 General 230
Additional fee for plan reviews that require more than 2 hours 150.145 General $55 per additional hour
New Construction - SFD 150.145 General 400
New Construction - 2FD 150.145 General 230/unit
New Const. - Com. & Multi. Fam.150.145 $572+$50/
3 or more units 150.145 1,000 Sq. Ft.
Plan Re-Submittal Fee 150.145 General $ 140 per re-submittal
Alterations to Approved Plans 150.145 General $ 140 + $55 per hour fee
for reviews
requiring more than 2 hours
Building Scale Calculation Fees
Single Family residence - first review N/A General 400
with completed Building Scale worksheet/detailed plans N/A General 200
Two-family dwelling N/A General $ 189 per unit
with completed Building Scale worksheet/detailed plans N/A General 120
Additonal reviews (for revised plans)N/A General 102
On-site inspection for an existing dwelling N/A General 102
Office meeting to discuss for building scale calculation N/A General 50
25
FINAL READING - 12/18/17 CC 3 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Building Scale Waiver Request N/A General 100
Building Review Board Fees
Signs/Awnings/Landscaping/
Lighting/Fences N/A General 75
Two or more of above N/A General 125
Storefront Alterations N/A General 100
New Commercial building, school, hospital or multi-family building N/A General 700
per building
Alterations or major additions to commerical buildings, schools, N/A General 323
hopitals or multi-family buildings - per building
New multi-building projects - per building N/A General 850 + 175 for more than
4 buildings (per building)
Satellite Dish N/A General 100
Changes to approved building materials N/A General 60
Demolition with replacement structure N/A General 2,230
Demolition partial and replacement addition N/A General 1,310
Demolition w/o Replacement Struture N/A General 1,310
New Residence on Vacant Property (building scale fee also)155.07 General 1,050
Additions & Alterations to Existing Residence (building scale fee also)155.07 General 500
Replacement/new single family home/duplex structure N/A General 1,310
Variance from Building Scale Ordinance N/A General 367
Revisions to Approved Plans N/A General 225
Historic Preservation Commission Fees
Demolition (complete) and replacement structure 155.07 General 2,450
Demolition (partial) and replacement structure 155.07 General 1,529
Removal of less than 50%155.07
Demolition partial and replacement addition N/A General 1,310
Demolition w/o Replacement Struture N/A General 1,310
New Residence on Vacant Property (building scale fee also)155.07 General 1,050
Additions & Alterations to Existing Residence (building scale fee also)155.07 General 500
Revisions to Approved Plans 155.07 General 225
Variance from Building Scale Ordinance 155.07 General 367
Rescission of local landmark designation, amendment of 155.07
local landmark designation or historic map amendment 155.07 General 2,500
Signs/Awnings/Landscaping/
Lighting/Fences N/A General 75
Two or more of above N/A General 125
Storefront Alterations N/A General 100
New Commercial building, school, hospital or multi-family building N/A General 700
per building
Alterations or major additions to commerical buildings, schools, N/A General 323
26
FINAL READING - 12/18/17 CC 4 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
hopitals or multi-family buildings - per building
New multi-building projects - per building N/A General 850 + 175 for more than
4 buildings (per building)
Project Fees
Red Tag , per violation, per day 150.005 General 300
Stop Work Order 150.005 General 750
Street Obstruction - first 30 lineal fee of public right-of-way 150.005 General 30 100 *Variable 200
Street Obstruction - for each 20 lineal feet or fraction therof in excess
of 30 feet - Eliminate and combine with above fee 150.005 General 10 Eliminate
Re-Inspection all permits (failed/no show)150.005 General 175
Additional Inspections 150.005 General 50
Off Hour Inspections 150.005 General $50 administration fee plus per hour cost of inspector
Const. Codes Comm. Fees:
Variances from Construction Code 150.110 General 250
Administrative Appeals 150.110 General 150
Material/Product Evaluation 150.110 General 350.00
Demolition Tax 150.110 Cap Imp/12,000
Afford Hsing
Zoning Board of Appeals
Variations from Zoning Codc 159.02 General 287
Administrative Appeals 159.02 General 150
Special Use Permit - Existing Developments 159.02 General 655 755 15.27%200
Legal Ad Publication (as required)159.02 General 65
Plan Commission
Minor Subdivisions-Tentative Approval 2,3 or 4 lots 156.026(a)(3)General 2,184
payable at time of application
Minor Subdivisions-Final Approval 156.026(a)(3)General 250+35/lot plus
156.026(a)(3)engineering and recording fees
Major Subdivisions-Tentative Approval 5 or more lots 156.026(a)(3)General $3,822+35 for each
156.026(a)(3)General lot over 5
Major Subdivisions-Final approval paid prior to recording of plat 156.026(a)(3)General $400+35/
156.026(a)(3)General plus $5/lot
156.026(a)(3)General over 10; +
156.026(a)(3)engineering and recording fees
Planned Preservation Subd Special Use Pemit plus minor/major subd fee 156.026(a)(3)General 2,500
Zoning Change 156.026(a)(3)General 3,328
27
FINAL READING - 12/18/17 CC 5 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Filing fee for all other developments 156.026(a)(3)General 788
Code Amendment 156.026(a)(3)General 3,328
Extension of Tentative Subdivision Plat Approval 156.026(a)(3)General 150
Administrative Property Line shift 156.026(a)(3)General 250
Legal Ad Publication (as required)156.026(a)(3)General 65
Special Use Permit 156.026(a)(3)General 900 1035 15.00%270
Special Use Permit - Restaurant within 150' of Residential 156.026(a)(3)General 0 600 New 0
Permits
Building Permits repair and maintenance under $6,000 150.145 General 40
Building Permits - $100,000 or less 150.145 General 1.5% of total construction
150.145 General (50 min)
Building Permts - over $100,000
$100,001 - $200,000 150.145 General 2% of total construction
$200,001 - $500,000 150.145 General $4,000 + 1% of total cc in excess of $200,000
$500,001 and above 150.145 General $7,000 + .5% of total cc in excess of $500,000
Underground storage tank removal General
(single family and duplex)150.145 $150 per tank
All other properties 150.145 General $250 per tank
Hot work 150.145 General 100
Permit Extensions 150.145 General $150 adminstration fee plus 20% of the original
150.145 permit fee - 6 month extension
Adminstration Demolition Approval - Life Safety/Nuisance 150.145 General 500
Driveway Permits:
New curb cut 150.145 General $50 per cut Replace below
resurface driveway - no change 150.145 General 25.00 per cut Replace below
reconfiguration or change of material 150.145 General 50 Replace below
Driveway Resurfacing Permit (not required for sealcoating)150.145 General 50 *Variable 1250
Driveway Bond 150.485 General 250
Satellite Permit 150.145 General 100
Satellite dish 150.145 General 1.5% of cost, 50 min
Plumbing
Irrigation Systems 150.145 General 2.00 per head
150.145 General $ 60 min
Plumbing - base charge 150.145 General 60+$5.50/fix.
28
FINAL READING - 12/18/17 CC 6 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Recording of Public Right-of-Way agreement 150.145 General 40
70 (up to 4 pages,
$5 each addl page)
Pass through
County fee
for sprinkler system
Sanitary Sewer 150.145 General $50 min + 1.00/ft over 50 ft
Storm Sewer 150.145 General $50 min + 1.00/ft over 50 ft
Street Opening 98.056 50.00
Electrical 150.145 General $100, plus $1 per unit beyond 100 total units
Electrical Service 150.145 General 75
Electric - motors 150.145 General $75 + .50 per horsepower
HVAC
Residential - New or replacement
1 or 2 units 150.145 General 52
Each additional unit 150.145 General 45
Duct work 150.145 General 52
Commercial New 150.145 General $52 per 1,500
150.145 General sq ft of floor area
Commerical - replacement of existing units 150.145 General same as residential
Sign 150.145 General 1.5% construction cost
150.145 General 50 min
Construction Trailer Permit (Commercial Construction Sites only)150.145 General $100 per month
Purchase of Parking
Space per Zoning Code 150.145 General to be set by City Council at the time
150.145 of approval based on market costs
Elevators
Elevator Inspection Fee 150.145 General Variable
Elevator Permits - New elevators 150.145 General 0 65 New 260
Vending Licenses
Health -Restaurant (20 or Less)113.03(d)(1)General 250
Health - Restaurant (21-99)113.03(d)(2)General 350
Health - Restaurant (100 + Seats)113.03(d)(3)General 600
Health - Itinerant Restaurant 113.03(d)(4)General 250
Health - Food Store 113.21(d)General 100.00
Health - Limited Food Store (selling candy)113.21(d)General 50.00
Food Vendor (delivery)113.21(d)General $150/Veh.
Milk Vendor (delivery)113.21(d)General $100/Veh.
Health - Milk Store 113.21(d)General 100
Ice Vending Machine per machine 95.061 General 110
Food Vending Machine per machine 113.21(d)General 55
Candy Vending Machine per machine 113.21(d)General 55
29
FINAL READING - 12/18/17 CC 7 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Pop/Soft drink Vending Machine per machine 113.21(d)General 55
Milk Vending Machine per machine 113.21(d)General 55
Tobacco vending machine per machine 135.136 General 50
Card/Trinket Vending Machine per machine 110.104 General 55
Amusement Machine per machine 110.104 General 110
HVAC Contractor 150.145 General 60
Electrical Contractor 150.145 General 60
Juke Box 110.083 General 25
Pool Table 112.095(b)(1)General 25
Elevator Inspection Fee 150.220(b)General Variable
DVD Vending Machine License 110.005 General 110
Tree and Vegetation Removal
Application Review Fee 99 General $40
Removal of Heritage Tree 99 General $ 40 per tree
Removal of tree 10" DBH or larger within the streetscape preservation 99 General $ 40 per tree
area, the front yard or the corner side yard 99
Removal of trees or vegetation from a Conservation Easement 99 General $ 35 per 1 1/2 acre site
Removal of trees froma Tree Preservation or No Disturbance area 99 General $ 40 per tree
Removal of trees or shrubs from any ravine or bluff 99 General $ 40 per 1 1/2 acre site
Removal of trees or shrubs from a public right of way 99 General $ 40 per 1 1/2 acre site
or other public property 99
Ash tree removals, dead or hazardous trees 99 General No Fee
Bonds
Permit Renewal - for projects with estimated construction 150.145 General 15% of permit fee 18% of permit fee 3.00%Variable
costs of $200,000 or less refundable upon completion
of project within one year
Permit Renewal - for projects with estimated construction 150.145 General 17% of permit fee 20% of permit fee 3.00%Variable
costs of more than $200,000 refundable upon completion
of project within 18 months
Street Opening Bond 98.058 General 500
Fire Protection Fees:
Life Safety Plan Review Fee - New Constr/Addition 150.145 General $ 500 min or .05 s.f.
includes all floors
Life Safety Plan Review Fee - Remodel/Alteration 150.145 General $ 60 min or .05 sf
includes all areas
Fire Suppression Systems (Plan review and 2 inspections)
Single Family/Duplex Residential
New 150.145 General $120 or .05 per s.f whichever is greater
Addition/Alteration 150.145 General $60 or .05 per s.f for scope of work area
150.145 whichever is greater
30
FINAL READING - 12/18/17 CC 8 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Commercial/Multi Family
New 150.145 General $500 or .05 per s.f. whichever is greater
Addition/Alteration 150.145 General $250 or .05 s.f. for scope of work area whichever is greater
Specialized Suppression (FM 200, clean agent)150.145 General
$150 per system ( in addition to above fees for the overall
system)
Stand pipe riser 150.145 General 100
Fire Alarms
Single Family/Duplex Residential 150.145 General $75 or .05 per s.f. whichever is greater
Commercial/Multi Family - New General $500 or .05 per s.f. whichever is greater
Commercial/Multi Family - Addition/Alteration 150.145 General $75 or .05 per s.f. whichever is greater
Inspections/Tests
Annual & New Underground Flush test 150.145 Water $75 + cost per gallon of water, at current rate as
150.145 established by the City Council, based on pipe size
Annual & New Fire Pump Test 150.145 Water $175 + cost per gallon of water, at current rate as
150.145 established by the City Council, based on pump size
Other
Hood and Duct Extinguishing System - New 150.145 General $300 per system
Hood and Duct Extinguishing System - Alteration 150.145 General $100 per system
Alternative Letter of Credit Review 150.145 General $100 per review
Conditional Certificate of Occupancy - Landscape only due to
season
(single family and duplex)150.145 General $300 per unit
Conditional Certificate of Occupancy
(single family and duplex)150.145 General $500 per unit New 2000
Conditional Certificate of Occupancy
(multi-family and commercial)150.145 General
$25 per square foot, whichever is greater, to a
maximum of $2,000
3. Finance
Water Utility Fees/Charges
Water Sales/1,000 Gallons
Effective with Water Bills mailed on or after May 1, 2018
Lake Forest Residential - to 10,000 Gallons per Quarter 51.061(a)Water 4.50
Lake Forest Residential - 10,001 to 60,000 Gallons per Quarter 51.061(a)Water 5.62 5.77 2.67%165,233
Lake Forest Residential - over 60,000 Gallons per Quarter 51.061(a)Water 5.89 6.05 2.72%incl above
Lake Forest All Other Users 51.061(a)Water 5.80 5.95 2.59%incl above
Del Mar Woods 51.061(a)Water 7.98 8.18 2.51%
Other Non resident users 51.061(a)Water 7.98 8.18 2.51%
31
FINAL READING - 12/18/17 CC 9 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Sewer Charge/1,000 Gallons (winter usage)51.061(a)Water 1.16
Customer Charge - Water (Inside)
5/8" to 1.5" meter 51.061(b)Water $40/quarter
2" to 4" meter 51.061(b)Water $160/quarter
6" and above meter 51.061(b)Water $750/quarter
Benefit Access Program Discount - must renew annually N\A Water $(10)/quarter
Customer Charge - Water (Outside)
5/8" to 1.5" meter 51.062(b)Water $50/quarter
2" to 4" meter 51.062(b)Water $175/quarter
6" and above meter 51.062(b)Water $790/quarter
Customer Charge - Sewer
5/8" to 1.5" meter 52.15€(1)Water $5/quarter
2" to 4" meter 52.15€(1)Water $20/quarter
6" and above meter 52.15€(1)Water $100/quarter
Beach Parking Fee
Beach Parking
Temporary (R)73.45 General 85
Temporary (NR)73.45 General 910
Parking Permits
Resident-Full Year 73.27(c)(7)Parking 313
Resident-Monthly 73.27(c)(7)Parking 30/Month
Resident - Unlimited 73.27(c)(7)Parking 1,000
Employer Purchased-Full Yr. 73.27(c)(7)Parking 180
Employer Purchased-Monthly 73.27(c)(7)Parking 20/Month
Non-Resident-Full Year 73.27(c)(7)Parking 700
Non-Resident - Monthly 73.27(c)(7)Parking 60/Monthly
An envelope of 10 tokens N\A Parking 25
Daily Parking Fee-Telegraph 73.27(c)(7)Parking 3
Daily Parking Fee-All Other 73.27(c)(7)Parking 3
Licenses
Car and Lt Truck 74.179(b)General 85
HeavyTruck (8,000+ lbs.)74.179(b)General 110
Motocycles 74.179(b)General 45
Senior Citizen 65 and over N/A General no discount
Transfers 74.184 & 185 General 5
Penalties 74.179(b)General 50%
Dog License 91.032 General 10
Cat License 91.032 General 10
Auto Dealer License 74.183 General 50+20/Veh
Disabled vehicle sticker (Benefit Access Program)N/A General 45
32
FINAL READING - 12/18/17 CC 10 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Real Estate Transfer Tax 39.155(b)Cap Imp $4.00 per $1,000
Non-sufficient funds Fee 10.99 General 25
Credit Card Service Fees-Effective January 1, 2015
Daily Parking 73.27(c)(7)General $.25 per transaction
Building Permits N/A General lesser of 3.00% or maximum allowable by law
Public Safety Pension Fee
Residential Utility Accounts N/A General $10 per Quarter $20 per Quarter 290,000
All Other Utility Accounts (exclude irrigation only services)N/A General $35 per Quarter $70 per Quarter incl above
4. Parks and Recreation
Golf Course Fees/Charges:
Seasonal Fees-Resident: effective January 1, 2018
Class A -Adult Single 97.051 DPG 1,400 1450 3.57%450
Class B -Adult Combo 97.051 DPG 2,400 2500 4.17%1050
Class D -Junior 97.051 DPG 600 625 4.17%1000
Class F - Senior Citizen 97.051 DPG 850 0
Seasonal Fees (Non-Resident) effective January 1, 2018
Class A -Adult Single 97.051 DPG 1,800 1,850 2.78%1150
Class B -Adult Combo 97.051 DPG 2,400 2,500 4.17%1000
Class D -Junior 97.051 DPG 625 650 4.00%1000
Class F - Senior Citizen 97.051 DPG 1,100
Daily Fees-Resident: effective January 1, 2018
Weekday-9 97.051 DPG 28 31 10.71%1225
Weekday-18 97.051 DPG 42 46 9.52%3500
Weekend 9 97.051 DPG 34 38 11.76%1297
Weekend -18 97.051 DPG 50 56 12.00%3500
Electric Golf Carts: effective January 1, 2018
9 Holes Single Rider 97.052 DPG 12
18 Holes Single Rider 97.052 DPG 19 20 5.26%6583
Range Balls
Small Bucket 97.051 DPG 4 5 25.00%437
. Medium Bucket 97.051 DPG 6 7 16.67%977
. Large Bucket 97.051 DPG 15
Pull cart - 9 holes 97.051 DPG 6
Pull cart - 18 hoes 97.051 DPG 8
33
FINAL READING - 12/18/17 CC 11 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
USGA Handicap Fees - Members 97.051 DPG 34 37 8.82%400
Permanent Tee Time - Weekend 97.051 DPG 300
Locker - 18 inch 97.051 DPG 110 130 18.18%555
Locker - 12 inch 97.051 DPG 100 115 15.00%440
Park Fees
Park Picnic Permits
0 - 50 People N/A Parks/Rec 125
51 or more People N/A Parks/Rec 75
Picnic Tables Parks/Rec 25 per table
Grills Parks/Rec 85 per grill
Cemetery Fees
Issuance of Deeds 93.45 Cemetery .50 per deed
Boating and Beach Fees - effective February 1, 2018
Watercraft Ramp/Sailboat Permits-Recreation
Watercraft Ramp (R)97.066 Parks/Rec 478 497 3.97%1102
Watercraft Ramp 2nd boat/ half season 97.066 Parks/Rec 239 249 4.18%150
Watercraft Ramp (R) (Sen.) 97.066 Parks/Rec 382 397 3.93%285
Watercraft Ramp (R) (Sen) 2nd boat/ half season 97.066 Parks/Rec 192 200 4.17%56
Watercraft Ramp (NR) 97.066 Parks/Rec 956 994 3.97%76
Year round compound storage Resident 97.066 Parks/Rec 2118 2203 4.01%850
Year round compound storage Resident senior 97.066 Parks/Rec 1694 1762 4.01%476
Year round compound storage non-resident 97.066 Parks/Rec 3178 3305 4.00%0
Seasonal compound storage Resident 97.066 Parks/Rec 1434 1491 3.97%228
Seasonal compound storage Resident Senior 97.066 Parks/Rec 1147 1193 4.01%92
Seasonal compound storage Non-resident 97.066 Parks/Rec 2149 2235 4.00%0
Year round watercraft rack storage resident 97.066 Parks/Rec 579 602 3.97%46
Year round watercraft rack storage resident senior 97.066 Parks/Rec 464 483 4.09%38
Year round watercraft rack storage non-resident 97.066 Parks/Rec 579 602 3.97%46
Seasonal watercraft rack storage resident 97.066 Parks/Rec 338 352 4.14%280
Seasonal watercraft rack storage resident senior 97.066 Parks/Rec 270 281 4.07%33
Seasonal watercraft rack storage non-resident 97.066 Parks/Rec 338 352 4.14%0
Year round watercraft sand storage resident 97.066 Parks/Rec 716 745 4.05%29
Year round watercraft sand storage resident senior 97.066 Parks/Rec 573 596 4.01%0
Year round watercraft sand storage non-resident 97.066 Parks/Rec 1074 1117 4.00%0
Seasonal watercraft sand storage resident 97.066 Parks/Rec 439 457 4.10%36
Seasonal watercraft sand storage resident senior 97.066 Parks/Rec 351 365 3.99%14
Seasonal watercraft sand storage non-resident 97.066 Parks/Rec 660 686 3.94%0
South Beach Parking Permit (R)97.066 Parks/Rec 139 145 4.32%174
South Beach Parking Permit (R) (Sen.)97.066 Parks/Rec 110 114 3.64%260
34
FINAL READING - 12/18/17 CC 12 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
South Beach Parking Permit (NR)97.066 Parks/Rec 910
South Beach Parking Permit Employee/Retiree 97.066 Parks/Rec 92 96 4.35%4
Extra vehicle decal resident - center isle 97.066 Parks/Rec 138
Extra vehicle decal senior - center isle 97.066 Parks/Rec 110
Extra vehicle decal nonresident - center isle 97.066 Parks/Rec 208
Daily Boat Launch resident 97.066 Parks/Rec 40
Daily Boat Launch nonresident 97.066 Parks/Rec 65
Resident Guest Daily Parking Pass, limit 5 per season 97.066 Parks/Rec 10
Nanny Parking Pass 97.066 Parks/Rec 85
Senior Caregiver Parking Pass 97.066 Parks/Rec 85
Non resident beach fee, weekends and holidays 97.069 Parks/Rec 10
Fitness Center Fees - effective May 1, 2018
Fitness Center Membership Fees
Individual resident rate N/A Parks/Rec 396 408 3.03%2,160
Individual resident rate - 6 months N/A Parks/Rec 260
Individual resident rate - 3 months N/A Parks/Rec 130
Individual resident rate - 1 months N/A Parks/Rec 40 41 2.50%26
Individual non-resident rate N/A Parks/Rec 480 490 2.08%70
Individual non-resident rate - 6 months N/A Parks/Rec 325
Individual non-resident rate - 3 months N/A Parks/Rec 162
Individual non-resident rate - 1 months N/A Parks/Rec 48 49 2.08%1
Couple resident rate N/A Parks/Rec 696 720 3.45%1,896
Couple resident rate - 6 months N/A Parks/Rec 455
Couple resident rate - 3 month N/A Parks/Rec 227
Couple resident rate - 1 month N/A Parks/Rec 69 72 4.35%12
Couple non-resident rate N/A Parks/Rec 840 864 2.86%0
Couple non-resident rate - 6 months N/A Parks/Rec 568
Couple non-resident rate - 3 months N/A Parks/Rec 284
Couple non-resident rate - 1 months N/A Parks/Rec 84 87 3.57%0
Family resident rate N/A Parks/Rec 900 936 4.00%1,764
Family resident rate - 6 months N/A Parks/Rec 591
Family resident rate - 3 months N/A Parks/Rec 295
Family resident rate - 1 months N/A Parks/Rec 90 93 3.33%15
Family non-resident rate N/A Parks/Rec 1,080 1128 4.44%0
Family non-resident rate - 6 months N/A Parks/Rec 739
Family non-resident rate - 3 months N/A Parks/Rec 369
Family non-resident rate - 1 months N/A Parks/Rec 108 113 4.63%0
Senior resident rate N/A Parks/Rec 300 312 4.00%1,308
Senior resident rate - 6 months N/A Parks/Rec 195
Senior resident rate - 3 months N/A Parks/Rec 97
Senior resident rate - 1 months N/A Parks/Rec 30 31 3.33%9
Senior non-resident rate N/A Parks/Rec 360 375 4.17%60
Senior non-resident rate - 6 months N/A Parks/Rec 244
35
FINAL READING - 12/18/17 CC 13 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Senior non-resident rate - 3 months N/A Parks/Rec 122
Senior non-resident rate - 1 months N/A Parks/Rec 36 37 2.78%1
Senior couple resident rate N/A Parks/Rec 516 528 2.33%468
Senior couple resident rate - 6 months N/A Parks/Rec 341
Senior couple resident rate - 3 months N/A Parks/Rec 170
Senior couple resident rate - 1 months N/A Parks/Rec 52 53 1.92%10
Senior couple non-resident rate N/A Parks/Rec 624 636 1.92%36
Senior couple non-resident rate - 6 months N/A Parks/Rec 426
Senior couple non-resident rate - 3 months N/A Parks/Rec 213
Senior couple non-resident rate - 1 months N/A Parks/Rec 63 64 1.59%0
Student resident rate N/A Parks/Rec 300 312 4.00%300
Student non-resident rate N/A Parks/Rec 360 375 4.17%0
Matinee resident rate N/A Parks/Rec 204 216 5.88%912
Matinee non-resident rate N/A Parks/Rec 252 260 3.17%16
All-inclusive - member - effective December 6, 2012 N/A Parks/Rec 299 311 4.01%744
All-inclusive - non-member - effective December 6, 2012 N/A Parks/Rec 665 692 4.06%27
5. OCM
General Fees & Charges:
Birth certificates (January 1, 2010)5.36 General $10 first/$4 additional
Death certificates (January 1, 2013)5.36 General $14 first/$6 additional
On-line data entry fee by city staff ( January 1, 2010)N/A General 10
Solicitor/Peddler Permit Original Application 117.01(b)General $40
Solicitor/Peddler Permit Renewal 117.40 General $30
Electric Car N/A General $1 per Hour
Special Event Fees
Application Fee 10.13 General $50
Application Fee - Late Fee 10.13 General 50% of fee per 30 days
Escrow Deposit - Special Events 10.13 General $500
Police Officer hourly rate 10.13 General $82 84 2.44%60
Firefighter/Paramedic hourly rate 10.13 General $82 85 3.66%90
Police and Fire Vehicle 10.13 General $110
Public Works hourly rate 10.13 General $63 67 6.35%80
Parks hourly rate 10.13 Parks/Rec.$63 67 6.35%80
A-Frame Barricades 98.011 General $5
Barricades 1 - 10 98.011 General $40
Parking Cones 98.011 General $1
Bleacher keep in park 10.13 General 50
Bleacher move to another location 10.13 General 180 195 8.33%45
Litter Barrels 1 - 6 10.13 General $10/can 16 60.00%475
Picnic Tables 1 - 6 10.13 General $30/table 32 6.67%150
36
FINAL READING - 12/18/17 CC 14 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Grills 10.13 General 180 195 8.33%100
Licenses
Raffle License 110.150 General 25
Tobacco License 135.138(f)General 500
Landscape License (March 1 to Feb 28)110.217 General 100
Penalties - Landscape License Applications after June 1 110.217 General 25
Auctioneers License 110.026 General $5 Daily & $1.00 per employee
Factories and Slaughterhouses 110.047 General $500
Mobile Auto Service 110.200 General $50 per unit
Athletic Contests 112.0029B)General $50 per day
Bowling Alley 112.025 General $10 per lane per year
Circuses 112.041 General $100 per day circus conducted
Circuses - Side Show 112.042 General $50 per day circus conducted
Motion Pictures - Establishment capacity 500 or more persons 112.075 General .50 per seat
Public Dances 112.112 General $500
Theatrical Performances - less than 500 persons 112.126 General $100
Theatrical Performances - more than 500 persons 112.126 General $150
Theatrical Performance not covered by 112.126 112.127 General $25 per day
Junk Yard or Junk Shop 114.22 General $75
Junk Dealer collected by vehicle 114.23 General $20 per vehicle
Pawnbroker 116.03 General 100
Expressmen and Draymen 118.156 General 25
Alcoholic and Beverages:
Class A-1 111.036 General 2,700
Class A-2 111.036 General 1,500
Class A-3 111.036 General 275
Class B-1 111.036 General 2,500
Class C-1 111.036 General 2,600
Class C-2 111.036 General 3,000
Class C-3 111.036 General 800
Class D-1 111.036 General 2,500
Class E-1 111.036 General 3,000
Class F-1 111.036 General 100
Class F-2 111.036 General
100 for each 24 hour period or any part therof:
$50 not for profit with proof of 501 ( c)3 status
Class F-3 111.036 General
75 for each 24 hour period or any part therof: $50
not for profit with proof of 501 ( c)3 status
Class F-4 111.036 General
500 per vendor for the duration of the sporting
event
Class F-5 111.036 General 1,100
Class F-6 111.036 General 600
Class G-1 111.036 General 200
37
FINAL READING - 12/18/17 CC 15 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Class G-2 111.036 General 600
Class H-1 111.036 General 600
Class H-2 111.036 General 1,100
Class I-1 111.036 General None
Class I-2 111.036 General 1,500
Class I-3 111.036 General 100
Class J 111.036 General 500
Class K 111.036 General $40/each 7 day license period
Annual Renewal 111.036 General
150 renewal existing or change in owners or
officers
Application Fee 111.043 General 300 new license
Application for Change in Owners or Officers 111.043 General 100
Liquor License Penalty Fee 111.036 General 25
Impact Fees
Library 150.023 Library see ordinance
Fire and Emergency Services 150.023 General see ordinance
Park Site 150.023 PPL see ordinance
Park Development 150.023 PPL see ordinance
Police 150.023 General see ordinance
Public Works 150.023 General see ordinance
School District 67 (information only)150.023 pay School see ordinance
High School District 115 (information only)150.023 pay School see ordinance
6. Police
General Fees & Charges:
Bank ID Card Fee N/A General 25 Eliminate
Adult Finger Print Fee
Resident or Employee N/A General 25 Eliminate
Non-resident N/A General 200 Eliminate
Licenses
Taxicab 118.068 General 50 Eliminate
Taxicab Driver 118.068 General 50 Eliminate
Taxi Business License (paid at City Hall)
New 118.068 General 100 Eliminate
Renewal 118.068 General 100 Eliminate
Fines & Penalties:
Overtime Parking - Lot 73.99 General 25/75/125
Improper Parking - Lot 73.99 General 25/75/125
Parking in Prohibited Area- Lot 73.99 General 25/75/125
Overtime Parking - Other 73.99 General 25/75/125
38
FINAL READING - 12/18/17 CC 16 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Improper Parking - Other 73.99 General 25/75/125
Parking in Prohibited Area- Other 73.99 General 25/75/125
Parking at Boat Ramp 73.46 General 125/250/350
No Vehicle License 74.179 General 75/100/125
No parking east of Sheridan Road 73.99 General 125/250/350
No Animal License 91.032 General 15/25/50
Dog-At-Large 91.050 General 40/55/70
Code Violations Variable General variable
Motor Code Violations Variable General variable
Dog Barking 91.004 General 15/25/50
Dog Impound 91.014 General 15
Leaf Burning 94.2 General 100
Handicapped Parking 73.21 General 250
Dog Public Nuisance 91.053 General 100/500/750
Burglar Alarm Fees 110.125 General 0/50/100/250
Vehicle Immobilization fee 73.50 General 100
E-911 Surcharge 39.181 E911 Fund 0.65
Copies of Accident Reports 71.032 General 10
FOIA copy fees >50 pages 33.3 General .15 per page
Transiant Merchant License 117.20(f)General 100.00
7. Fire
General Fees & Charges:
Ambulance-Resident ALS transport 94.51 General 812.10
Ambulance-Resident ALS2 transport 94.52 General 919.98
Ambulance-Resident BLS transport 94.53 General 704.07
Ambulance-Non Resident ALS transport 94.54 General 987.48
Ambulance- Non Resident ALS2 transport 94.55 General 1,088.92
Ambulance-Non Resident BLS transport 94.56 General 854.08
Ambulance - Mileage 94.58 General 7.27 per mile
Fireworks Permit 94.5 General 200
Open Burn Permit 94.5 General 75
Bonfire Permit 94.5 General 100
Special Event Inspection 94.5 General 100
Tent Permit 94.5 General $100 or .05 per sq ft
Fire Watch 94.5 General Overtime hourly Rate
Annual Fire Pump Test 94.5 General/Water 10.00 Admin Fee + Water Usage
Annual Inspections - 4th re-inspection 94.5 General 100
Annual Inspections - 5th re-inspection 94.5 General 200
39
FINAL READING - 12/18/17 CC 17 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Annual Inspections - 6th re-inspection 94.5 General 400
Inflatable amusement inspection 94.5 General 100
Carnival rides 94.5 General 200
Fire Alarm Fees 110.125 General 0/50/100/250
8. Engineering
Sewer System Connection Fee
Single Family Dwelling N/A 825
Two - family Dwelling N/A 825 per unit
Multi-family Dwelling N/A 165 per population equiv
1,650 min
Non-Residential Buildings N/A 165 per population equiv
1,650 min
Institutional buildings with Fed and State tax exempt status N/A 825/connection
Site Grading
Site Grading - New construction N/A 640
If no grading, request may be submitted for a waiver of the requirement of N/A 240
grading plan
Resubmittal N/A 165
Revisions to approved grading plans N/A 125
Tree fencing inspection fee N/A 240
Site grading security (financial guarantee - refundable)N/A 3,000 per acre of development
Water Shed Development Fee: Revised Fee Schedule
General Fees
Sediment and Erosion Control Only
Single Family Residential Lot (See site grading ordinance)151.05 see ordinance
Single Family Residential Lot (within regulatory floodplain)151.05 1040
Development (<10 acres)151.05 2400
Development ( ≥ 10 acres)151.05 3560
Minor Development
Without detention 151.05 2120
With detention or Fee - in - lieu 151.05 3120
Major Development
With detention or Fee-in-lieu 151.05 5400
Within regulatory floodplain ( < 10 acres)151.05 3280
Within regulatory floodplain (≥ 10 acres)151.05 8640
Wetland Fees
40
FINAL READING - 12/18/17 CC 18 of 18
PROPOSED
FY2019
FEE Amount $$
(n/c if %Projected
City Code Section Fund FY2018 blank)CHANGE Revenue
Category I Wetland impacts less than or equal to 1 acre N/A 880
Category II Wetland impacts greater than 1 acre and less than 2 acres N/A 3640
Category III Wetland impacts greater or equal to 2 acres or impacts a HQAR N/A 4400
Category IV Wetland impacts involving either restoration, creation N/A 1440
or enhancement N/A 2760
Resubmittal fee N/A 347-2880
Earth Change Approval N/A 1720
Securities - financial guarantee refundable N/A 3,000 per acre of development
Variances N/A 4240
Appeals N/A 1920
Flood Plain Analysis and Report N/A 35
Construction Engineering Standards Manual N/A 35
9. Senior Resources
Membership Dues
Residents of Lake Forest, Lake Bluff and unincorporated
Lake Forest and Lake Bluff 97.087 Senior Resources $35 per person
97.087 $55 per family
Outside of Lake Forest and Lake Bluff 97.087 Senior Resources $45 per person
97.087 $75 per family
Circuit Breaker participants Lake Forest and Lake Bluff 97.087 Senior Resources $10 per person
residents only 97.087 $15 per family
Car and Bus rides 97.087 Senior Resources $3/fee each direction
97.087 $6 round trip
Taxi subsidy- Lake Forest and Lake Bluff residents 97.087 Senior Resources 16 coupons/month
living within the Lake Forest High School District for a value of $3/each
41
THE CITY OF LAKE FOREST
ORDINANCE NO. 2017 -
AN ORDINANCE ADOPTING NEW FEES RELATED TO DEVELOPMENT
ACTIVITY FOR INCORPORATION INTO THE SUPPLEMENTAL FEE
SCHEDULE FOR THE CITY OF LAKE FOREST
WHEREAS, The City of Lake Forest is a home rule, special charter municipal
corporation; and
WHEREAS, the City Council, on an annual basis reviews fees and charges
related to development activity and having done so, hereby determines that it is necessary
to establish new fees and charges to cover the cost of services provided; and
WHEREAS, the City Council has determined that it is in the best interest of the
City and its residents to adopt this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF
ILLINOIS AS FOLLOWS:
SECTION ONE. Recitals. The foregoing recitals are incorporated as
the findings of the City Council and are hereby incorporated into and made a part of this
Ordinance.
SECTION TWO. Approval of New Fees Related to Development Activity.
The City Council hereby approves the fees as set forth in Exhibit A, New Fees Related to
Development Activity, and directs that said fees shall be incorporated into the
Supplemental Fee Schedule for the City of Lake Forest and reviewed and adjusted on an
annual basis as part of the Supplemental Fee Schedule as determined to be necessary by
the City Council.
SECTION THREE: Effective Date of the New Fees Related to Development
Activity. The fees and charges set forth in Exhibit A shall take effect as of May 1, 2018,
42
consistent with the date of the Supplemental Fee Schedule for FY 2019 as adopted by the
City Council.
SECTION FOUR: Effective Date. This ordinance shall be in full force
and effect upon its passage, approval, and publication in pamphlet form in the manner
provided by law.
Passed this day of , 2017
AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this day of , 2017
Mayor
ATTEST:
City Clerk
43
EXHIBIT A
New Fees Related to Development Activity
Elevator Permits - $65.00
Conditional Certificate of Occupancy - $500
Special Use Permits – Restaurants within 150’ of Residential Zoning District -
$600
44
Supplemental Memos
Regarding Proposed
Fee Adjustments
45
Page 1 of 4 Revised - October 31, 2017
MEMORANDUM
TO: Diane Hall, Assistant Director of Finance
Elizabeth Holleb, Director of Finance
FROM: Catherine J. Czerniak, Director of Community Development
DATE: October 31, 2017 - Revised
SUBJECT: Recommendations: Fee Adjustments and New Fees for Fiscal Year
2019
No significant changes are proposed for development related fees. Development related
fees have remained constant for the last several years. Minor fee adjustments and a few
new fees are proposed and are explained below.
Fee Adjustments
Recording of Document with Lake County - $70 (up to four pages, $5 for each
additional page)
To align with Lake County fee increases for recording documents, an increase in
the City’s recording fee is recommended.
Street/Public Right-of-Way Obstruction - $100
An adjustment to the street obstruction/public right-of-way permit fee is
recommended to simplify the fee structure and to more accurately cover the cost
of processing and issuing a street obstruction permit. A single standard fee is
proposed eliminating the variability in the fee depending upon linear feet of the
closure. The permit process and staff time does not vary significantly based on
the length of the obstruction.
Amendments to Existing Special Use Permits - $755
A 15% increase in the fee for applications for amendments to existing Special Use
Permits is recommended. These types of petitions involve numerous contacts
with neighboring residents, research and negotiations. The proposed fee increase
will help to fully cover the cost of service for this type of petition.
Special Use Permits – New Uses - $1,035
Staff recommends a fee increase of 15% for Special Use Permit applications for
new uses. Requests for approval of new special uses are often controversial.
These types of petitions require a substantial amount of staff time including:
preparing and mailing public notices, conducting research, preparing packets and
staff reports, and fielding numerous requests for information and phone calls.
Driveway Resurfacing Permit - $50 (not required for sealcoating)
Staff proposes simplifying the fee for a driveway resurfacing permit eliminating
the factoring in of the number of curb cuts that exist. The staff time for
46
Page 2 of 4 Revised - October 31, 2017
processing the permit and inspecting the work is not affected by the number of
curb cuts. Simplifying fees where possible is an ongoing goal.
47
Page 3 of 4 Revised - October 31, 2017
Permit Renewal Bonds – 3% increase
Permit renewal bonds are fully refundable if projects are completed within the
allowed time which is based on the scope of the project. Ideally, permit renewal
bonds act as an incentive to homeowners and developers to finish projects on
time. If projects are not completed within the prescribed time, the bonds are taken
by the City and the permit is extended for a limited time. The bonds support the
additional staff time that is required when projects are not completed on time and
the staff time involved with responding to neighbor concerns about ongoing
projects.
New Fees
Elevator Permits - $65.00
Currently, the City does not charge a fee for permits for new elevators. The City
outsources the plan reviews for these types of permits and the consultant assesses
a fee of $80 for the permit review. Recently, staff identified that in fact City staff
time is involved in these types of permits because we advise the elevator
contractor on the permit submittal requirements, take in and conduct a preliminary
review of the submittal, enter the permit application into the permit tracking
system, forward the elevator plans to the City’s consultant for review and then
upon completion of the review, the City prepares and issues the permit. To cover
the cost of staff time involved in processing permit applications for new elevators,
staff recommends that an elevator permit fee be established.
Conditional Certificate of Occupancy - $500
A new fee is proposed for Conditional Certificates of Occupancy. The current
$300 fee is intended to allow early occupancy of a building, before the permit is
closed out, when all Code requirements are met and all work is completed
consistent with the approved plans, except for the landscaping. A new
Conditional Certificate of Occupancy fee is proposed in response to increased
requests for early occupancy permits when work on the building itself, although
minor, is not yet complete. Once a buyer moves into the house, increased staff
time is required to assure completion of outstanding work in accordance with the
approved plans.
Special Use Permits – Restaurants within 150’ of Residential Zoning District -
$600
A fee reduction is recommended for restaurants located within 150’ of residential
property which require review through the special use permit process. The intent
is to allow the opportunity to establish conditions to minimize impacts on nearby
residential homes while supporting unique, small scale restaurants. A recent
example is The Gallery Restaurant. Given that these types of restaurants are
generally small scale and the fact that the City’s Strategic Plan encourages small,
neighborhood restaurants, staff recommends a reduced application fee for these
types of uses.
48
Page 4 of 4 Revised - October 31, 2017
Please do not hesitate to contact me if you need further clarifications, have any questions
or have suggestions for changes.
49
MEMORANDOM
To: Diane Hall, Assistant Finance Director
From: Vince Juarez, Golf Course General Manager
Chuck Myers, Superintendent of Parks, Forestry and Special Facilities
Date: October 18, 2017
Subject: Deerpath Golf Course FY 19 Proposed Fee Changes
PURPOSE AND ACTION REQUESTED: City Staff and KemperSports Management Staff are
bringing forward the Deerpath Golf Course fees for fiscal year 2019. The Park and Recreation
Board has approved the fee schedule on October 17, 2017 and request that the proposed
FY2019 Deerpath Golf Course fee structure be forward to City Council for approval as
presented.
BACKGROUND/DISCUSSION: Attached is the proposed fee structure for Deerpath Golf Course
for FY19. We analyzed several factors including utilization and surrounding facilities fees while
putting together the fees schedule. KemperSports Management and City Staff are
recommending the following:
• Membership Fees: Increase Annual Pass fee average of 4% per classification for FY19.
• Greens Fees: Increase the “ceiling” rate for weekday and weekend fees. Allow the
dynamic pricing model to set prices based off of the utilization of the course. This will
allow the green fee prices to fluctuate and take advantage of times of increased
demand. Golf rates will be adjusted during the season based on marketplace demands.
• Other Fees: Increase the 18 -hole cart fee which has not been increased in at least 4
years. In addition, increase small and medium range ball buckets by $1 each bucket. I
also propose with lockers being fully rented in the open air facility to increase locker
rental prices by an average of 15%.
BUDGET/FISCAL IMPACT: Projected revenue impact on fees collected will be an additional
$24,564 from FY18.
City Staff and Kemper Sports Management are requesting the approval of the proposed FY2019
Deerpath Golf Course fee structure.
50
MEMORANDOM
To: Diane Hall, Assistant Finance Director
From: Aaron Dalzot, Program Manager
Joe Mobile, Superintendent of Recreation
Date: October 18, 2017
Subject: Lake Forest Fitness Center FY 19 Proposed Fee Changes
PURPOSE AND ACTION REQUESTED: City Staff are bringing forward the Lakefront Permit fees
for fiscal year 2019. The Park and Recreation Board has approved the fee schedule on October
17, 2017 and request that the proposed FY2019 Lakefront Permit fee structure be forwarded to
City Council for approval as presented.
BACKGROUND/DISCUSSION: Attached is the proposed fee structure for lakefront permit fees
for FY2019. Staff have analyzed several factors including utilization, and surrounding facilities
fees while putting together the fees schedule. Staff is taking a conservative approach for
revenue growth by assuming that participation levels will remain constant with FY18 usage.
City Staff are recommending the following:
• Permit Fees: Increase most resident and non-resident Lakefront permit fees by 4% for
FY19.
Exceptions: These fees will remain constant with FY18 fees.
o The Nanny and Caregiver Parking Pass ($85)
o The Resident Guest Daily Parking ($10)
o The Non-resident Beach Access Fees ($10)
o The Non-resident South Beach Parking Permit ($910)
o Daily Boat Launch ($40)
o Daily Boat Launch Non-Resident ($65)
Regulations: Staff requests keeping non-resident daily pass use restrictions in place to
protect the heaviest used boating times for Lake Forest residents. Non-resident passes
will only be sold Monday through Friday, excluding weekends and holidays.
BUDGET/FISCAL IMPACT: Staff anticipates a positive revenue differential of $4,275 over FY18.
All fees will become effective February 1, 2018 in line with the permitting season.
City Staff are requesting the approval of the proposed FY2019 Lakefront Permit Fee structure.
51
MEMORANDOM
To: Diane Hall, Assistant Finance Director
From: Jason Busdeker, Program Manager
Joe Mobile, Superintendent of Recreation
Date: October 18, 2017
Subject: Lake Forest Fitness Center FY 19 Proposed Fee Changes
PURPOSE AND ACTION REQUESTED: City Staff are bringing forward the Lake Forest Fitness
Center fees for fiscal year 2019. The Park and Recreation Board has approved the fee schedule
on October 17, 2017 and request that the proposed FY2019 Fitness Center fee structure be
forwarded to City Council for approval as presented.
BACKGROUND/DISCUSSION: Attached is the proposed fee structure for fitness center fees for
FY2019. Staff have analyzed several factors including membership trends, and surrounding
facilities fees while putting together the fees schedule. The Fitness Center’s memberships
fluctuate considerably throughout the year. As a result, staff takes a conservative approach for
revenue growth by assuming membership levels will remain the same throughout the year
based on membership totals in September. City Staff are recommending the following:
• Membership Fees: Increase all membership fees by an adjusted 4% for FY19. The
4% increase was taken over FY18 fees and then adjusted to be divisible by 12
months so that our registration software system can use the automatic monthly
billing for all annual memberships. This adjustment to the increase will provide a
consistent amount to be drawn each month providing our members a smooth and
understandable transaction.
• Monthly Memberships: Continue to offer the month to month membership option.
In FY17, Staff had eliminated the 6 month and 3 month membership options and
began offering the Month to Month membership options which allows perspective
members the flexibility to cancel their membership with 30 days written notice. The
month to month membership is also a good alternative for those looking for a short
term option. This option has proved successful as memberships have increased in
several categories.
BUDGET/FISCAL IMPACT: Staff anticipates a positive revenue differential of $9,835 over FY18.
City Staff are requesting the approval of the proposed FY2019 Lake Forest Fitness Center fee
structure.
52
MEMORANDUM
THE CITY OF LAKE FOREST
OFFICE OF THE CITY MANAGER
Page 1
TO: Elizabeth Holleb, Finance Director
CC: Robert R. Kiely, Jr., City Manager
FROM: Mike Strong, Assistant to the City Manager
DATE: October 19, 2017
SUBJECT: Proposed OCM Fees for FY2019
As part of the City’s review of fees and charges for FY2019, a request to increase certain fees is
being submitted.
Special Event Fees
From time-to-time, special event organizers request special city services (e.g. equipment
rentals/delivery) or City employees (e.g. general event support, security, or emergency medical
services) to support their event. Pursuant to the City Code (§10.13), fees for these City services
may be imposed in connection with recovering costs related to the personnel time associated
with this support.
Personnel Rates for Special Event Support
Rates for City employees are set based on an average total compensation (includes salaries and
benefits) for employees in the workgroup. Traditionally, the City has adjusted these rates to
reflect changes in union contracts and special contractual rates for special time worked or
overtime. Rates proposed for FY2019 reflect approved changes to salaries and benefits as
outlined in the City’s official Pay Plan and bargaining unit contract, if applicable. It should be
noted that rates have typically been rounded for ease of invoicing purposes. Accordingly, City
staff is requesting to adjust rates to reflect these contract amounts, as follows:
Personnel Classification
Current
City
Expense
Current
Rate
Proposed
Rate % Change
Projected
Revenue
Police Officer Hourly Rate $83.63 $82.00 $84.00 2.4% $60.00
Firefighter/Paramedic
Hourly Rate $84.98 $82.00 $85.00 3.7% $90.00
Public Works Hourly Rate $66.99 $63.00 $67.00 6.4% $80.00
Parks Hourly Rate $66.99 $63.00 $67.00 6.4% $80.00
53
Page 2
Rental Fees for Special City Services
In addition to personnel that may be provided by the City’s Parks Department, special city
services including the rental of bleachers, litter barrels, picnic tables, and grills may be delivered
to special event locations. In evaluating the current rates for these services and updated
personnel costs incurred (Per the above), the City’s current average cost recovery for providing
city staff proposes adjusting these fees, as follows:
Service
Current
City
Expense
Current
Rate
Proposed
Rate % Change
Projected
Revenue
Relocate Bleacher
(Different park) $192.04 $180 $195 8.3% $45.00
Provide Litter Barrels $16.00/can $10/can $16/can 60.0% $475.00
Provide Picnic Tables $32.01/table $30/table $32/table 6.7% $150.00
Provide Propane/Charcoal
Grill $192.04 $180 $195 8.3% $100.00
Based on research conducted by staff, the proposed rate structures are in line with market rental
rates for bleachers ($125-$150/each excluding set-up services), litter barrels ($10-$15/each),
picnic tables ($40-$50/table), and grills ($150-$225/each). The fees, as proposed, would achieve
a full cost recovery on the service provision and still provide competitive pricing to
organizations in need of these services.
54
11/01/2017
To: Diane Hall-Finance
From: R.D. Copeland-Deputy Chief of Police
Subject: Changes to Fee Schedules
Diane,
The following changes were made to the fee schedule:
Under General Fees and Charges;
The Bank ID Card, Adult Finger Print fee for residents and non-residents were programs started
and maintained under Mike Goy and were discontinued when he retired in December of 2015
and reduced staffing levels required us to make changes in operational task. Currently local
banks provide their own employees with proper identification.
Finger printing for residents and non-residents has been outsourced to a private vendor since
December 2015.
Under Licenses:
City Clerk Boyer, with approval of the city council, amended the ordinances regarding all Taxi
Cab licensing. The city no longer issue taxi cab licenses and has not done so since 2015/2016.
R.D. Copeland
Deputy Chief of Police
55
Attachment 1
PROJECTED 2017 EQUALIZED ASSESSED VALUATION
Based on information from the County Clerk's Office
the projected Equalized Assessed Valuation (EAV) of property
in The City of Lake Forest for the tax year 2017 is as follows:
2016 EAV for The City of Lake Forest 2,442,981,041
Estimated average change to existing property 5.21%
2017 EAV for existing property 2,570,165,472
Total Estimated New Construction Growth for 2017 16,607,198$
Total Projected EAV for 2017 Tax Levy 2,586,772,670$
COMPUTATION OF MAXIMUM TAX EXTENSION FOR 2017 UNDER THE PROPERTY TAX
EXTENSION LIMITATION ACT
A.Tax Levy Extensions for the 2016 Tax Year (Excluding Debt 28,035,931$
Service, Special Rec and partial Fire Pension Tax Levy Extension)
B.Total Projected EAV for 2017 Tax Levy 2,586,772,670$
C.Total Estimated New Construction Growth for 2017 16,607,198$
D.CPI Increase for 2017 Levy 2.10%
Step 1 Numerator of Limiting Rate:28,035,931$ X 102.100%=28,624,686$
Step 2 Denominator of Limiting Rate:2,586,772,670$ -16,607,198 =2,570,165,472$
Step 3 Limiting Rate (Per $100 EAV):28,624,686$ /2,570,165,472 =0.01114$
Step 4 Maximum Tax Extension for 2017 Tax Year 2,586,772,670$ X 0.01114$ =28,809,645$
(Excluding Debt Service Tax Levy Extension):
Step 5 Added Tax Levy Extension Based on New =184,959$
Growth (Step 4 minus Step 1)
Aggregate Levy - Truth in Taxation Estimate:102.76%
Tax Cap 2.10%
TIF 0.00%
New Construction 0.66%
2.76%
ESTIMATING EQUALIZED ASSESSED VALUATION, TAX LEVY LIMITATIONS
AND NEW GROWTH PROJECTIONS FOR 2017
11/14/201712:47 PM taxlevy2017_1005
56
The City of Lake Forest
Tax Levy
2017
Attachment 2
FUND 2017 LEVY 2016 Extension $ CHANGE % CHANGE
General $14,205,814 13,913,628 292,186 2.10%
Pension Funds
IMRF/SS - Funded Ratio 88%1,198,046 1,173,405 24,641 2.10%
Police Pension - Funded Ratio 52.9%2,105,888 1,900,029 205,859 10.83%
Fire Pension - Funded Ratio 69.4%1,455,855 1,156,874 298,981 25.84%
Sub-Total Pension Funds 4,759,789 4,230,308 529,481 12.52%
Other Funds
Recreation and Parks 4,527,783 4,434,655 93,128 2.10%
Recreation and Parks-IMRF/SS 556,234 544,793 11,441 2.10%
Special Recreation 0
Capital Improvements 816,750 822,000 (5,250)-0.64%2008 Bond Call
Recreation and Parks/Specific Purpose 125,000 125,000 0 0.00%
Library 3,645,796 3,570,809 74,987 2.10%
Library-sites 403,026 394,737 8,289 2.10%
Sub-Total Other Funds 10,074,589 9,891,994 182,595 1.85%
TOTAL LEVY UNDER TAX CAP 29,040,192 28,035,930 1,004,262 3.58%
Bond Funds (Cap - $3,525,580)
2010/2013 GO Bonds MS/CIP 1,018,105 910,540 107,565 11.81%Add Sequestration
2009 GO Bonds Western 278,745 278,245 500 0.18%
Extension Adjustment 14,157 (14,157)
2015 GO Bonds - CIP 224,738 226,862 (2,124)-0.94%
Sub-Total Bond Funds 1,521,588 1,429,804 91,784 6.42%
TOTAL TAX LEVY BEFORE
NEW GROWTH and ALLOWANCES 30,561,780 29,465,734 1,096,046 3.72%
Fire Pension PA 93-0689 86,098 64,910 21,188 32.64%
Special Recreation 465,040 440,054 24,986 5.68%
Plus New Growth 184,959 184,959 N/A
GRAND TOTAL TAX LEVY 31,297,877 29,970,698 1,327,179 4.43%
Aggregate Levy (Truth in Taxation)29,776,289 28,540,894 1,235,395 4.33%Public hearing if
increase >5.0%
DISTRIBUTION OF GROWTH
General Fund Levy -161,739$
Library Levy -23,220
TOTAL NEW GROWTH 184,959$
Increase PS
Pension Fee 5/1/18
11/14/201712:47 PM taxlevy2017_1005
57
The City of Lake Forest
Tax Levy
2017Attachment 3
FUND 2017 LEVY 2016 Extension $ CHANGE % CHANGE
General $14,367,553 13,913,628 453,925 3.26%
Pension Funds
IMRF/SS 1,198,046 1,173,405 24,641 2.10%
Police Pension 2,105,888 1,900,029 205,859 10.83%
Fire Pension 1,541,953 1,221,784 320,169 26.21%
Sub-Total Pension Funds 4,845,887 4,295,218 550,669 12.82%
Agency Funds
Recreation and Parks 4,527,783 4,434,655 93,128 2.10%
Recreation and Parks-IMRF/SS 556,234 544,793 11,441 2.10%
Recreation and Parks-Specific Purpose 125,000 125,000 0
Special Recreation 465,040 440,054 24,986 5.68%
Capital Improvements 816,750 822,000 (5,250)
Library 3,669,016 3,570,809 98,207 2.75%
Library-sites 403,026 394,737 8,289 2.10%
Sub-Total Agency Funds 10,562,849 10,332,048 230,801 2.23%
29,776,289 28,540,894 1,235,395 4.33%
Bond Funds
2010 GO Bonds MS/CIP 1,018,105 910,540 107,565 11.81%
2009 GO Bonds Western 278,745 278,245 500 0.18%
Extension Adjustment 14,157 (14,157)
2015 GO Bonds - CIP 224,738 226,862 (2,124)
Sub-Total Bond Funds 1,521,588 1,429,804 91,784 6.42%
GRAND TOTAL TAX LEVY 31,297,877 29,970,698 1,327,179 4.43%
11/14/201712:47 PM taxlevy2017_1005
58
The City of Lake Forest
Tax Levy
2017
Explanation of Homeowner Increase
Attachment 4
2017 LEVY 2016 Extension $ CHANGE % CHANGE
Levy before growth and exclusions 29,040,192$ 28,035,930$ 1,004,262$ 3.58%
Plus growth and exclusions 736,097 504,964 231,133$
TOTAL LEVY UNDER TAX CAP 29,776,289$ 28,540,894$ 1,235,395$ 4.33%
Bond Funds 1,521,588 1,429,804 91,784$ 6.42%
TOTAL TAX LEVY 31,297,877$ 29,970,698$ 1,327,179$ 4.43%
2017 2016
Forecast Actual
City Equalized Assessed Value ( EAV)2,586,772,670 2,442,981,041
1/3 market value
City Levy 31,297,877 29,970,698
Tax Rate 1.2099 1.2268 levy divided by EAV X 100
Average Home Market Value 841,649$ 800,000$
EAV 280,550 266,667
EAV X Tax Rate/100 3,394$ 3,271$ 123$ 3.76%
This is the impact projected on an average existing home.
This represents 19.6% (City) and 3.1% (Library) of the entire tax bill.
(Impacts on individual properties may differ.)
11/14/201712:47 PM taxlevy2017_1005
59
TAX LEVY 2017-2018
AN ORDINANCE PROVIDING FOR THE LEVY OF TAXES FOR ALL CORPORATE PURPOSES AND FOR
THE PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS,
FOR THE FISCAL YEAR COMMENCING MAY 1, 2017 AND ENDING APRIL 30, 2018,
WHEREAS, because of legal requirements relating to pension funding, the City is required to
increase its annual levy to responsibly meet these obligations; and
WHEREAS, because of uncertainties relating to actual and potential Statewide legislation
affecting revenue and tax issues for all municipalities, the City is unable to plan with any levy of
predictability, which creates a bona fide emergency beyond the City's control for purposes
of fiscal planning; and
WHEREAS, due to these legal requirements and bona fide emergency, the City is required to
increase its annual tax levy at levels exceeding the levels set forth in the "tax cap" law,
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND
STATE OF ILLINOIS:
SECTION 1: That the Annual Appropriation Bill, an ordinance making appropriation for the corporate
purposes of The City of Lake Forest and the objects and purposes stated therein according to the departments,
and other separate agencies, and for the Public Schools of The City of Lake Forest, County of Lake and
State of Illinois, for the fiscal year commencing May 1, 2017 and ending April 30, 2018 was duly passed
the 17th of July, 2017 and thereafter published in pamphlet form as provided by law, which ordinance by
reference thereto is hereby made a part of hereof.
SECTION 2: That the sum of sixty-two million, five hundred twenty-four thousand ninty-eight
dollars ($62,524,098) having heretofore legally appropriated for all corporate purposes of The City of Lake
Forest and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, to be
collected from the taxes levied for the fiscal year commencing May 1, 2017 and ending April 30, 2018 be
and same hereby is levied against all property subject to taxation with The City of Lake Forest as the same
is assessed and equalized for State and County purposes for the said fiscal year.
That the purposes for which the said amount of sixty-two million, five hundred twenty-four thousand,
ninty-eight dollars ($62,524,098) hereto appropriated and hereby levied, respectively are
as follows, to wit:
GENERAL FUND Tax Levy
Appropriation 2017-2018
General Government
Salaries and Benefits 2,464,661$ 1,570,830$
Supplies/Other Services and Charges 5,425,375 3,457,814$
Contingency - to meet expenses of emergencies
and optional expenses not otherwise provided for 3,343,844 -
TOTAL GENERAL GOVERNMENT 11,233,880$ 5,028,644$
Legal
Contractual Services 450,000$ 287,349$
TOTAL LAW 450,000$ 287,349$
12/18/17 CC 60
Tax Levy
Appropriation 2017-2018
Community Development
Salaries and Benefits 1,423,489$ -$
Supplies/Other Services and Charges 174,987 -
Capital Equipment - -
-
TOTAL COMMUNITY DEVELOPMENT 1,598,476$ -$
Public Works Administration
Salaries and Benefits 353,428$ 345,643
Supplies/Other Services and Charges 87,307 85,384
-
TOTAL PUBLIC WORKS ADMINISTRATION 440,735$ 431,027$
Public Buildings
Building Maintenance Administration
Salaries and Benefits 777,328$ 370,465
Supplies/Other Services and Charges 730,010 347,913
TOTAL PUBLIC BUILDINGS 1,507,338$ 718,378$
Streets
Salaries and Benefits 895,876$ -$
Supplies/ Other Service and Charges 823,439 -
TOTAL STREETS 1,719,315$ -$
Sanitation
Salaries and Benefits 1,103,989$ 738,765$
Supplies/ Other Service and Charges 1,043,055 697,990
TOTAL SANITATION 2,147,044$ 1,436,755$
Storm Sewers
Salaries and Benefits 114,668$ 100,558$
Supplies/ Other Service and Charges 49,168 43,118
TOTAL STORM SEWERS 163,836$ 143,676$
Engineering
Salaries and Benefits 495,453$ 237,210$
Supplies/ Other Service and Charges 104,729 50,141
TOTAL ENGINEERING 600,182$ 287,351$
12/18/17 CC 61
Tax Levy
Fire Appropriation 2017-2018
Fire Administration
Salaries and Benefits 4,438,863$ 2,334,639
Supplies/ Other Service and Charges 334,668 176,020
Capital Equipment - -
Sub-Total 4,773,531$ 2,510,659$
Emergency Medical Services
Supplies/ Other Service and Charges 35,550$ 18,698
Sub-Total 35,550$ 18,698$
Fire Suppression
Supplies/ Other Service and Charges 108,000$ 56,803
Sub-Total 108,000$ 56,803$
TOTAL FIRE 4,917,081$ 2,586,160$
Police
Salaries and Benefits 5,997,173$ 2,912,754$
Supplies/ Other Service and Charges 1,102,476 535,459
TOTAL POLICE 7,099,649$ 3,448,213$
TOTAL AMOUNT APPROPRIATED FROM GENERAL FUND 31,877,536$ 14,367,553$
Less: Total amount appropriated from other sources 17,509,983
other than Tax Levy
Sub-Total 14,367,553
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
GENERAL FUND 14,367,553$
ILLINOIS MUNICIPAL RETIREMENT AND SOCIAL SECURITY
For ILLINOIS MUNICIPAL RETIREMENT and SOCIAL SECURITY
(Excludes Water and Sewer Department, Fleet, Deerpath Golf Course,
Cemetery Commission and School District 67)
General Fund - IMRF 903,378$ 599,023$
General Fund - Social Security 636,245 599,023
Parks and Recreation Fund - IMRF 373,972 278,117
Parks and Recreation Fund - Social Security 333,113 278,117 -
TOTAL AMOUNT APPROPRIATED FROM ILLINOIS
MUNICIPAL RETIREMENT AND SOCIAL SECURITY 2,246,708$ 1,754,280$
Less: Total amount appropriated from other sources 492,428
other than Tax Levy
Sub-Total 1,754,280
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
ILLINOIS MUNICIPAL RETIREMENT AND SOCIAL SECURITY 1,754,280$
12/18/17 CC 62
Tax Levy
FIREFIGHTERS'S PENSION FUND Appropriation 2017-2018
Other Services and Charges 2,461,902$ 1,455,855$
Contingency to meet expenses for emergencies and expenses
not otherwise provided for 254,800 -
TOTAL AMOUNT APPROPRIATED FOR PAYMENT
TO THE FIREFIGHTERS'S PENSION FUND 2,716,702$ 1,455,855$
Less: Total amount appropriated from other sources
other than Tax Levy 1,260,847
Sub-Total 1,455,855
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE FIREFIGHTERS'S PENSION FUND 1,455,855$
Other Services and Charges 86,098$ 86,098$
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE FIREFIGHTERS'S PENSION FUND LAW PA 93-0869 86,098$ 86,098$
POLICE PENSION FUND
Other Services and Charges 2,870,000$ 2,105,888$
Contingency to meet expenses for emergencies and expenses
not otherwise provided for 287,000 -
TOTAL AMOUNT APPROPRIATED FOR PAYMENT
TO THE POLICE PENSION FUND 3,157,000$ 2,105,888$
Less: Total amount appropriated from other sources 1,051,112
other than Tax Levy
Sub-Total 2,105,888
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE POLICE PENSION FUND 2,105,888$
PARKS AND RECREATION FUND
Parks and Forestry
Administration
Salaries and Benefits 2,044,198$ 1,925,315$
Supplies/ Other Service and Charges 639,831 602,621
Capital Equipment 150,000 141,277
Sub-Total 2,834,029$ 2,669,212$
Grounds Maintenance
Supplies/ Other Service and Charges 299,800$ 282,365$
Sub-Total 299,800$ 282,365$
12/18/17 CC 63
Tax Levy
Appropriation 2017-2018
Athletic Field Plg/Tennis
Supplies/ Other Service and Charges 70,000$ 65,929$
Sub-Total 70,000$ 65,929$
Lake Front Facilities
Supplies/ Other Service and Charges 30,000$ 28,255$
Sub-Total 30,000$ 28,255$
Tree Trimming
Supplies/ Other Service and Charges 37,250$ 35,084$
Sub-Total 37,250$ 35,084$
Tree Removal
Supplies/ Other Service and Charges 16,500$ 15,540$
Sub-Total 16,500$ 15,540$
Insect & Disease
Supplies/ Other Service and Charges 19,000$ 17,895$
Sub-Total 19,000$ 17,895$
Tree & Shrub Planting/Care
Supplies/ Other Service and Charges 10,500$ 9,889$
Sub-Total 10,500$ 9,889$
TOTAL PARKS AND FORESTRY SECTION 3,317,079$ 3,124,170$
Recreation
Recreation Programs
Salaries and Benefits 3,019,857$ 790,241$
Supplies/ Other Service and Charges 2,183,966 571,503$
Capital Equipment - -$
Sub-Total 5,203,823$ 1,361,744$
Parks Equipment Reserve 160,000 41,869$
Recreation and Parks Specfic Purpose 125,000 125,000$
Contingency to meet expenses of emergencies and expenses
not otherwise provided for 951,299 -
TOTAL RECREATION SECTION 6,440,122$ 1,528,613$
TOTAL AMOUNT APPROPRIATED FROM THE PARKS AND 9,757,201
RECREATION FUND
Less: Total amount appropriated from other sources 8,228,588
other than Tax Levy
Sub-Total 4,652,783
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE PARKS AND RECREATION FUND 4,652,783$
12/18/17 CC 64
Tax Levy
Appropriation 2017-2018
Special Recreation
Salaries and Benefits 38,551$ 38,551$
Supplies/Other Services and Charges 280,439 280,439
Capital Improvements 146,050 146,050
Contingency to meet expenses of emergencies and
operational expenses not otherwise provided for 46,504 -
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
SPECIAL RECREATION 511,544$ 465,040$
Capital Improvements Fund
Supplies/Other Services and Charges 6180
Capital Equipment 1,072,730 816,750
Capital Improvements 5,873,904
Contingency to meet expenses of emergencies and capital
improvements not otherwise provided for 695,281
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
CAPITAL IMPROVEMENTS 7,648,095$ 816,750$
PUBLIC LIBRARY FUND
Library Services
Salaries and Benefits 2,400,410$ 2,385,711$
Supplies/Other Services and Charges 1,060,386 1,053,893
Contingency to meet expenses of emergencies and
operational expenses not otherwise provided for 105,104 -
Total Lake Forest Public Library - General 3,565,900$ 3,439,604$
Less: Total amount appropriated from other sources 126,296
other than Tax Levy
Sub-Total 3,439,604
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE LAKE FOREST PUBLIC LIBRARY - GENERAL 3,439,604$
Social Security and IMRF
Social Security 141,397$ 114,706$
Illinois Municipal Retirement Fund (IMRF)240,282 114,706
Total Lake Forest Public Library - Social Security and IMRF 381,679$ 229,412$
Less: Total amount appropriated from other sources 152,267
other than Tax Levy
Sub-Total 229,412
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE LAKE FOREST PUBLIC LIBRARY - SOCIAL SECURITY AND IMRF 229,412$
Library Building
Salaries and Benefits 143,564$ 113,771$
Supplies/Other Services and Charges 185,000 146,609
Sub-Total 328,564$ 260,380
12/18/17 CC 65
Tax Levy
Appropriation 2017-2018
Capital Equipment 80,000$ 63,398$
Capital Improvements 100,000 79,248
Sub-Total 180,000$ 142,646$
Total Lake Forest Public Library
Building Maintenance and Repair (Sites and Building)508,564$ 403,026$
Less: Total amount appropriated from other sources 105,538
other than Tax Levy
Sub-Total 403,026
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
THE LAKE FOREST PUBLIC LIBRARY -
BUILDING MAINTENANCE AND REPAIR 403,026$
Public Schools THE CITY OF LAKE FOREST
School District No. 67**
From the Educational Fund 29,215,438$ 24,245,455$
From the Operations, Building and Maintenance Fund 10,255,725 6,831,497
From the Capital Projects Fund 7,467,649 -
From the Illinois Municipal Retirement Fund 414,440 351,761
From the Social Security Fund 414,439 496,590
From the Transportation Fund 1,169,560 822,506
TOTAL AMOUNT APPROPRIATED FOR PUBLIC SCHOOLS
OF THE CITY OF LAKE FOREST (School District No. 67)48,937,251$ 32,747,809$
TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR
PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST
(School District 67)32,747,809$
12/18/17 CC 66
Tax Levy
Appropriation 2017-2018
Summary of the Amounts Appropriated From the
the Several Funds
General 31,877,536$ 14,367,553$
Illinois Municipal Retirement Fund (IMRF)1,277,350 877,140
Social Security 969,358 877,140
Firefighters's Pension 2,716,702 1,455,855
Firefighters's Pension law PA 93-0869 86,098 86,098
Police Pension 3,157,000 2,105,888
Sub-Total 40,084,044$ 19,769,674$
Parks and Recreation 9,757,201$ 4,652,783$
Special Recreation 511,544 465,040
Capital Improvements 7,648,095 816,750
Public Library 3,565,900 3,439,604
Public Library - Social Security 141,397 114,706
Public Library - IMRF 240,282 114,706
Public Library - Sites and Building 508,564 403,026
Sub-Total 22,372,983$ 10,006,615$
The City of Lake Forest School District No. 67 ***
Educational 29,215,438$ 24,245,455$
Operations, Building and Maintenance 10,255,725$ 6,831,497$
Capital Projects Fund 7,467,649$ -$
Illinois Municipal Retirement Fund 414,440$ 351,761$
Social Security 414,439$ 496,590$
Transportation 1,169,560$ 822,506$
Sub-Total 48,937,251$ 32,747,809$
GRAND TOTAL 111,394,278$ 62,524,098$
12/18/17 CC 67
*** The City of Lake Forest School District No. 67
will be holding a special meeting and these
tax levy numbers could change.
Section 3: Severability. If any provision of this Ordinance is declared unconstitutional, invalid, or
otherwise unenforceable by a court of competent jurisdiction, then that provision shall be deemed severed
from this Ordinance and the remainder of this Ordinance shall remain in full force and effect.
Section 4: The City Clerk of The City of Lake Forest is hereby directed to file a certified copy of this
ordinance with the County Clerk of Lake County in the State of Illinois as required by law.
Section 5: This ordinance shall be in force and effect ten (10) days after its passage, approval and publication.
PASSED THIS ____ day of ________________, 2017
____________________________________________
City Clerk
APPROVED THIS ____ day of ________________, 2017
_____________________________________________
Mayor
ATTEST:
______________________________________
City Clerk
That this ordinance be published in pamphlet form and be made available to the
public at the City Hall service counter.
12/18/17 CC 68
AN ORDINANCE
ABATING A PORTION OF THE TAX BEING LEVIED IN 2017
FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST
ON THE TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010-B BOND ISSUE
(RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS-DIRECT PAYMENT)
WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 19th day of
April, 2010 authorize the issuance of Taxable General Obligation Bonds, Series 2010-B (Recovery Zone Economic
Development Bonds – Direct Payment) in the amount of $3,000,000 for the purpose of financing capital
improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and
interest of said bonds; and
WHEREAS, the City has funds in the Taxable General Obligation Bonds, Series 2010-B Bond Fund from
payments from the U.S. Treasury; and
WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the
annual payment of the principal and interest on the Taxable General Obligation Bonds, Series 2010-B Bond Issue
(Recovery Zone Economic Development Bonds- Direct Payment) due in fiscal year commencing May 1, 2018,
therefore a portion of the levy of the tax provided in the original bond ordinance passed April 19, 2010, a copy of
which was filed in the Office of the County Clerk is unnecessary;
NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows:
SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a
portion of the 2017 Tax Levy of $72,385.31 hitherto provided for and levied in the ordinance providing for the
issuance of $3,000,000 Taxable General Obligation Bonds, Series 2010-B (Recovery Zone Economic Development
Bonds – Direct Payment) of The City of Lake Forest, Lake County, Illinois passed April 19, 2010.
SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication
as required by law.
PASSED THIS ______ day of __________________, 2017
_________________________________
City Clerk
APPROVED THIS ______ day of _______________, 2017
_________________________________
Mayor
ATTEST:
______________________________
City Clerk
2010-B
69
AN ORDINANCE
ABATING A PORTION OF THE TAX BEING LEVIED IN 2017
FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST
ON THE TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010-C BOND ISSUE
(BUILD AMERICA BONDS-DIRECT PAYMENT)
WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 19th day of
April, 2010 authorize the issuance of Taxable General Obligation Bonds, Series 2010-C (Build America Bonds-
Direct Payment) in the amount of $5,425,000 for the purpose of financing capital improvements and provided for
the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and
WHEREAS, the City has funds in the Taxable General Obligation Bonds, Series 2010-C Bond Fund from
payments from the U.S. Treasury; and
WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the
annual payment of the principal and interest on the Taxable General Obligation Bonds, Series 2010-C Bond Issue
(Build America Bonds- Direct Payment) due in fiscal year commencing May 1, 2018, therefore a portion of the levy
of the tax provided in the original bond ordinance passed April 19, 2010, a copy of which was filed in the Office of
the County Clerk is unnecessary;
NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows:
SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a
portion of the 2017 Tax Levy of $76,870.68 hitherto provided for and levied in the ordinance providing for the
issuance of $5,425,000 Taxable General Obligation Bonds, Series 2010-C (Build America Bonds – Direct Payment)
of The City of Lake Forest, Lake County, Illinois passed April 19, 2010.
SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication
as required by law.
PASSED THIS ______ day of __________________, 2017
_________________________________
City Clerk
APPROVED THIS ______ day of _______________, 2017
_________________________________
Mayor
ATTEST:
______________________________
City Clerk
2010-C
70
AN ORDINANCE
ABATING THE TOTAL TAX BEING LEVIED IN 2017
FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST
ON THE 2011 GENERAL OBLIGATION SERIES 2011-A REFUNDING BOND ISSUE
WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 6th day of
September, 2011 authorize the issuance of General Obligation Series 2011-A Refunding Bonds in the amount of
$2,415,000 for the purpose of currently refunding certain maturities of the City’s outstanding General Obligation
Bonds, Series 1999, 2003C and 2003D and provided for the levy and collection of a direct annual tax for the
payment of the principal and interest of said bonds; and
WHEREAS, the City has funds in the 2011 General Obligation Series 2011-A from sufficient revenues
collected from the City owned waterworks and sewerage system; and
WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual
payment of the principal and interest on the 2011 General Obligation Series 2011-A Refunding Bond Issue due in
fiscal year commencing May 1, 2018, therefore the total levy of the tax provided in the original bond ordinance
passed September 6, 2011, a copy of which was filed in the Office of the County Clerk is unnecessary;
NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows:
SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the
total 2017 Tax Levy of $139,975 hitherto provided for and levied in the ordinance providing for the issuance of
$2,415,000 General Obligation Series 2011-A Refunding Bonds of The City of Lake Forest, Lake County, Illinois
passed September 6, 2011.
SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication
as required by law.
PASSED THIS ______ day of __________________, 2017
_________________________________
City Clerk
APPROVED THIS ______ day of _______________, 2017
_________________________________
Mayor
ATTEST:
______________________________
City Clerk
2011A
71
AN ORDINANCE
ABATING THE TOTAL TAX BEING LEVIED IN 2017
FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST
ON THE 2011 GENERAL OBLIGATION SERIES 2011-B REFUNDING BOND ISSUE
WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 6th day of
September, 2011 authorize the issuance of General Obligation Series 2011-B Refunding Bonds in the amount of
$24,825,000 for the purpose of advance refunding certain maturities of the City’s outstanding General Obligation
Bonds, Series 2002A, Series 2004A and Series 2004B and provided for the levy and collection of a direct annual tax
for the payment of the principal and interest of said bonds; and
WHEREAS, the City has funds in the 2011 General Obligation Series 2011-B from sufficient revenues
collected from the waterworks and sewerage system, the City’s golf fees and the City’s sales tax; and
WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual
payment of the principal and interest on the 2011 General Obligation Series 2011-B Refunding Bond Issue due in
fiscal year commencing May 1, 2018, therefore the total levy of the tax provided in the original bond ordinance
passed September 6, 2011, a copy of which was filed in the Office of the County Clerk is unnecessary;
NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows:
SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the
total 2017 Tax Levy of $2,676,750.00 hitherto provided for and levied in the ordinance providing for the issuance of
$24,825,000 General Obligation Series 2011-B Refunding Bonds of The City of Lake Forest, Lake County, Illinois
passed September 6, 2011.
SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication
as required by law.
PASSED THIS ______ day of __________________, 2017
_________________________________
City Clerk
APPROVED THIS ______ day of _______________, 2017
_________________________________
Mayor
ATTEST:
______________________________
City Clerk
2011B
72
AN ORDINANCE
ABATING A PORTION OF THE TAX BEING LEVIED IN 2017
FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST
ON THE GENERAL OBLIGATION BONDS, SERIES 2015 BOND ISSUE
WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 3rd day of
August, 2015 authorize the issuance of General Obligation Bonds, Series 2015 in the amount of $9,780,000 for the
purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the
payment of the principal and interest of said bonds; and
WHEREAS, the City has funds in the General Obligation Bonds, Series 2015 Bond Fund from sources
other than property taxes; and
WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the
annual payment of the principal and interest on the General Obligation Bonds, Series 2015 due in fiscal year
commencing May 1, 2018, therefore a portion of the levy of the tax provided in the original bond ordinance passed
August 3, 2015, a copy of which was filed in the Office of the County Clerk is unnecessary;
NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows:
SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a
portion of the 2017 Tax Levy of $239,312.50 hitherto provided for and levied in the ordinance providing for the
issuance of $9,780,000 General Obligation Bonds, Series 2015 of The City of Lake Forest, Lake County, Illinois
passed August 3, 2015.
SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication
as required by law.
PASSED THIS ______ day of __________________, 2017
_________________________________
City Clerk
APPROVED THIS ______ day of _______________, 2017
_________________________________
Mayor
ATTEST:
______________________________
City Clerk
2015
73
{00017558}
THE CITY OF LAKE FOREST
RESOLUTION NO. 2017-R-_____
A RESOLUTION APPROVING LAKE FOREST PRESERVATION
FOUNDATION DEMONSTRATION PROJECT AGREEMENT
(East Train Station)
WHEREAS, The City of Lake Forest leases certain improved real property commonly
known as East Train Station; and
WHEREAS, the Lake Forest Foundation for Historic Preservation (“LFPF”) desires to
showcase the lobby of the East Train Station by restoring certain historic elements to the
lobby; and
WHEREAS, pursuant to its home rule authority, the City Council of The City of Lake
Forest has determined that it is in the best interest of the City and its residents to approve a
“Lake Forest Foundation for Historic Preservation Project Agreement (East Train Station)” in
substantially the form attached hereto as Exhibit 1 (the “Agreement”), for purposes of
allowing the LFPF to enhance certain elements of the Train Station lobby to reflect the
historic character of the Train Station in furtherance of the LFPF’s mission, all as more fully
set forth in such Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of The City of
Lake Forest, County of Lake, and State of Illinois, as follows:
Section 1. Recitals. The foregoing recitals are incorporated into this Resolution
as findings of the City Council.
Section 2. Approval and Authorizations of Agreement. The City Council
hereby approves the Agreement in substantially the form attached hereto as Exhibit 1. The
City Manager and Deputy City Clerk are hereby authorized and directed to execute and
attest the Agreement on behalf of the City, but only after the LFPF has executed and
delivered the Agreement to the City.
Section 4. Effective Date. This Resolution is effective on and after its passage
and approval.
PASSED this _____ day of _______________ 20__.
AYES:
NAYS:
ABSENT:
APPROVED this _____ day of _______________ 20__
___________________________________
Mayor
74
{00017558} -2-
ATTEST:
___________________________________
Clerk
75
{00017558} -3-
EXHIBIT 1
Agreement
76
12/15/17
{00017557 4} 1
LAKE FOREST PRESERVATION FOUNDATION
DEMONSTRATION PROJECT AGREEMENT
(East Train Station)
This DEMONSTRATION PROJECT AGREEMENT (East Train Station) (the “Agreement”) is
entered into by and between THE CITY OF LAKE FOREST, an Illinois home rule and special
charter municipal corporation (the "City"), and the LAKE FOREST FOUNDATION FOR
HISTORIC PRESERVATION, an Illinois not-for-profit corporation organized pursuant to Illinois
law (the "Corporation")(collectively, the City and Corporation shall hereinafter be referred to as
the “Parties”), and for and in consideration of the promises and agreements herein set forth, the
receipt and sufficiency of which are hereby mutually acknowledged, agree on this _________
day of ____________________, 201__ as follows:
SECTION 1: Background.
A. The City has entered into a lease (the “Lease”) with the Union Pacific Railroad
(the “Owner”) relating to certain property located between Western Avenue and McKinley Road
and north of Deerpath Road in Lake Forest, Illinois (the "Railroad Property").
B. The Railroad Property is improved with, and is actively used as, a train station
serving commuters between Kenosha, Wisconsin and Chicago, Illinois (the “Train Station”).
C. The City is completing improvements to the Train Station to preserve its
functionality (the “Pending Project”).
D. The Corporation’s mission includes the preservation of the historic visual
character of Lake Forest, and to this end desires to enhance certain elements of the Train
Station lobby to reflect the historic character of the Train Station as generally described in
Exhibit A to this Agreement (the “Demonstration Project”). Undertaking and completing the
Demonstration Project at the heavily utilized and highly visible Train Station will further the
mission of the Corporation and encourage historic preservation activities in and around Lake
Forest.
E. The City does not consider the Demonstration Project as being a matter of public
necessity nor as a requirement for the functionality of the Train Station. Additionally, none of
the elements of the Demonstration Project are part of the Pending Project and will not materially
impact the City’s efforts to complete the Pending Project.
F. The City has no objection to allowing the Corporation to implement its
Demonstration Project at the Train Station, subject to the terms and conditions of this
Agreement.
SECTION 2: Preparation and Approval of Demonstration Project Plans.
A. Preparation of Plans. The Corporation will cause to be prepared at its sole cost
all plans, specifications, and related documents for purposes of undertaking and completing the
Demonstration Project (the "Demonstration Project Plans"). The Demonstration Project Plans
shall also include an engineer's estimate of probable costs or equivalent (the "Cost Estimate")
and an implementation schedule (a "Schedule"); provided, however, that the Demonstration
77
12/15/17
{00017557 4} 2
Project shall be completed on or before 1 May 2018, unless a later date approved in writing by
the City Manager.
B. Review of Demonstration Project Plans; Permitting.
1. Following preparation of the Demonstration Project Plans, the Corporation shall
submit the Demonstration Project Plans to the City for review by the City staff. The City staff
shall identify any deficiencies in the Demonstration Project Plans, under the standards set forth
in the immediately following sentence, and cooperate with the Corporation in addressing such
deficiencies. Upon the City staff being satisfied that the Demonstration Project Plans satisfy all
applicable codes and regulations and are otherwise consistent with the City Code and the
Lease, and upon (i) concurrence of the City staff that the Cost Estimate is a reasonable
calculation of the cost to implement the Demonstration Project Plans, and (ii) the delivery by the
Corporation of evidence reasonably satisfactory to the City Manager that the Corporation has
the funds available to pay in full all costs associated with the Demonstration Project, the City
staff shall issue the necessary permits to the Corporation for the Demonstration Project.
Alternatively, the Corporation may submit evidence of satisfactory financial security in the form
of a performance and payment bond, letter of credit, or cash escrow to ensure the completion of
the work identified in the Demonstration Project Plans (the "Security").
2. In the event that the Demonstration Project Plans and Security are not approved
by the City, or approved subject to conditions unacceptable to the Corporation, the Corporation
may notify the City in writing of the Corporation's intent to proceed no further with the
implementation of the Demonstration Project, in which case this Agreement shall be terminated
as provided in this Agreement.
3. In light of the not-for-profit status of the Corporation and the fact that the
Demonstration Project is in furtherance of enhancing the Property, the City agrees to waive all
permit and inspection fees relating to the Demonstration Project Work, provided that the
approved Security is posted.
C. Coordination of Work. Nothing herein shall prevent the City from requiring the
Corporation to modify the Schedule and defer commencement of work to implement the
approved Demonstration Project Plans (the "Demonstration Project Work") if the City
determines in its reasonable judgment that the Demonstration Project Work will interfere with
the progress of the Pending Project. In order to ensure proper coordination of the Pending
Project and the Demonstration Project Work, the Corporation and any Demonstration Project
Contractor (as hereinafter defined) shall meet with City representatives at least bi-weekly at a
time and place as designated by the City.
SECTION 3: Permits.
A. City Permits. Following approval of the Demonstration Project Plans by the City
Council and approval of the Security as provided in Section 2.B of this Agreement, the City shall
issue such permits as are necessary and warranted based upon the approved Demonstration
Project Plans.
B. Other Permits and Approvals. In addition to the permits to be issued by the City,
the Corporation shall be responsible for securing all other applicable permits and approvals
necessary in connection with the Demonstration Project Work.
78
12/15/17
{00017557 4} 3
SECTION 4: Contractors. In light of the City's leasehold interest under the Lease, the City has
an interest in assuring that qualified workers and entities perform the Demonstration Project
Work. Accordingly, following the approvals described in Sections 2 and 3 of this Agreement, the
Corporation shall enter into an appropriate contract or contracts to undertake the Demonstration
Project Work; provided, however, before entering into such contract(s), the Corporation shall
submit the names and qualifications of the contractor(s) (the "Demonstration Project
Contractor") and the terms of the proposed contract (the "Demonstration Project Contract")
to the City Manager (or the Manager’s designee) for approval, which approval shall not be
unreasonably withheld. Nothing in this Agreement shall prevent the Corporation from (a)
seeking the City's approval of the Demonstration Project Contractor through a pre-qualification
process of prospective contractors, or (b) seeking the City's approval of the form of the
Demonstration Project Contract prior to final selection of a Demonstration Project Contractor.
Subject to the City's ultimate authority to approve the Demonstration Project Contractor and
Demonstration Project Contract, the City shall promptly notify the Corporation of any objections
to such contractor or contract and the bases therefor, and the parties agree to meet and confer
to address or resolve such objections. The Demonstration Project Contract shall include a
provision allowing the City, in its discretion, to assume such contract in the event that the
Corporation seeks to abandon the Demonstration Project Work.
SECTION 5: Contractor and Subcontractor Bonds. The Corporation shall cause the
Demonstration Project Contractor to provide to the Corporation a performance and payment
bond in the amount of 110% of the value of the contract for the Demonstration Project Work.
Such bonds shall be in a form reasonable satisfactory to the City, and such bonds shall name
the City as a co-beneficiary of the bond. The Security provided by the Corporation to the City
may be reduced pro rata based on the amount of the performance and payment bonds provided
by one or more Demonstration Project Contractor.
SECTION 6: Insurance. Before commencing any Demonstration Project Work, the
Corporation will obtain and maintain throughout the course of such work adequate insurance, as
set forth in Exhibit B, with the City as an additional insured. All policies of insurance shall be in
a form approved by the City Attorney, and certificates of those policies shall be deposited with
the City prior to the commencement of any such work. Upon request, the City may request the
Corporation to provide current evidence of insurance as herein provided. The Corporation may
cause the insurance required pursuant to this Section 6 to be provided on its behalf by one or
more Demonstration Project Contractor, provided that the standards set forth in this Section and
Exhibit B are satisfied.
SECTION 7: Indemnifications. The Corporation shall indemnify, save harmless, and defend
the City (including its officers, officials, employees, agents, attorneys, consultants, and
representatives) against all damages, liability, claims, losses, penalties, fines, and expenses
(including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection
with the Corporation‘s performance of, or failure to perform, the Demonstration Project Work, or
any part thereof, in accordance with the terms of this Agreement.
SECTION 8: Compliance with Laws. The Corporation agrees that it shall be required to
comply (and to cause any of its subcontractors to comply) with all applicable requirements of the
Lease and applicable federal, state, and local laws in connection with the Demonstration Project
Work.
SECTION 9: Completion and Acceptance of Work. The City shall have the right to inspect
all or any part of the Demonstration Project Work and to reject all or any part of any of such
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work that is, in the City’s judgment, defective or damaged or that in any way fails to conform
strictly to the approved plans and the requirements of this Agreement. The City, without limiting
its other rights or remedies, may require correction or replacement at the Corporation’s cost,
may perform or have performed all actions necessary to complete or correct all or any part of
the Demonstration Project Work that is defective, damaged, or nonconforming and charge the
Corporation with any excess cost incurred thereby, or cancel all or any part of any order or this
Agreement (which cancellation is subject to the provisions of Section 11 of this Agreement).
Demonstration Project Work so rejected may be returned or held at the Corporation’s expense
and risk.
SECTION 10: Ownership of Demonstration Project Work; License.
A. Ownership. The parties acknowledge and agree that the Corporation desires to
undertake the Demonstration Project Work for the purposes of promoting its mission regarding
the desirability and attainability of preservation activities affecting historic sites. As such, the
Parties:
(a) acknowledges that the Corporation shall be the owner of Demonstration Project
Work; and
(b) acknowledge and agree that the Demonstration Project Work shall, upon
satisfactory completion, be fixtures of the Train Station and therefore will be
incorporated into the Railroad Property.
B. License. The City grants to the Corporation and the Demonstration Project
Contractor a license to enter upon the Railroad Property for purposes of undertaking the
Demonstration Project Work in accordance with the approvals granted by the City therefor and
in compliance with the Lease and all applicable City ordinances, codes, regulations, and
approvals.
SECTION 11: Termination.
A. Termination for Failure to Perform Satisfactorily. In the event that the City
determines that the Corporation is not performing the Demonstration Project Work in a manner
consistent with the requirements of this Agreement, the City shall notify the Corporation in
writing of such deficiency or deficiencies (a "Deficiency Notice"). Upon issuance of such
Deficiency Notice, (i) the Parties shall meet and confer in an effort to resolve any disagreement
regarding the requirements of this Agreement and the performance of the Corporation; and (ii)
the Corporation shall make efforts to cure each such deficiency. If, within 30 days after the
issuance of the Deficiency Notice (or such longer period of time as the City may permit), the
Parties fail to resolve any disagreement and the Corporation fails to cure such deficiency or
deficiencies, the City (i) may terminate this Agreement and all of the Corporation's interests
arising from this Agreement, (ii) may assume any contract relating to the Demonstration Project
Work, and (iii) shall have the right to assume ownership and control of all Security, work,
equipment, and materials relating to the Demonstration Project Work.
B. Termination Upon Completion. Upon satisfactory completion of all
Demonstration Project Work, the Corporation's license rights under this Agreement shall expire,
and all interests that the Corporation might have in the Demonstration Project Work shall be
deemed conveyed to the Owner as a gift.
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SECTION 12: No Third-Party Beneficiaries. There are no third-party beneficiaries to this
Agreement and the City is not to be deemed a subcontractor, partner, or agent of the
Corporation.
SECTION 13: Notices. All notices herein required shall be in writing and shall be served on
the parties at the following addresses:
The City:
The City of Lake Forest
220 E. Deerpath
Lake Forest IL 60045
Attn: Robert R. Kiely, Jr., City Manager
E-mail: kielyr@cityoflakeforest.com
The Corporation:
_________________________________
_________________________________
_________________________________
E-mail: ___________________________
All notices and other communications in connection with this Agreement shall be deemed
delivered to the addressee thereof when delivered in person or by express mail or messenger at
the address set forth below or three business days after deposit thereof in any main or branch
United States post office, certified or registered mail, return receipt requested, postage prepaid,
properly addressed to the parties, respectively. Notices or communications may also be e-
mailed and shall be deemed delivered either (i) when received and documented by a receipt
successful transmission, or (ii) when sent provided that a copy is also mailed or delivered in
person or by express mail.
By notice complying with the foregoing requirements of this Section 13, each party shall have
the right to change the addressees or addresses or both for all future notices and
communications to such party, but no notice of a change of address shall be effective until
actually received.
SECTION 14: Remedies. The Parties shall have all rights and remedies available under law to
cause the performance of this Agreement.
SECTION 15: Entire Agreement. This Contract sets forth the entire agreement of the City and
the Corporation with respect to the accomplishment of the Demonstration Project Work, and the
payment and requirements relating thereto, and there are no other understandings or
agreements, oral or written, between the City and the Corporation with respect to the
Demonstration Project Work and the compensation therefor.
[Signature page to follow.]
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{00017557 4} 6
In witness whereof, the parties have executed this agreement the day and the year first
above written.
THE CITY OF LAKE FOREST, a municipal
corporation of Illinois
By: ______________________________
ATTEST: _________________________
LAKE FOREST FOUNDATION FOR HISTORIC
PRESERVATION, an Illinois not-for-profit
corporation
By: ______________________________
ATTEST: _________________________
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{00017557 4} 7
EXHIBIT A
General Description of the Demonstration Project
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{00017557 4} 8
EXHIBIT B
Required Insurance
1. Worker's Compensation and Employer's Liability with limits not less than:
(a) Worker's Compensation: Statutory;
(b) Employer's Liability:
$1,000,000 injury - per occurrence
$ 500,000 disease - per employee
$1,000,000 disease - policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
2. Comprehensive Motor Vehicle Liability, with a combined single limit of liability for
bodily injury and property damage of not less $1,000,000 for vehicles owned,
non-owned, or rented. All employees shall be included as insureds.
3. Commercial General Liability with coverage written on an “occurrence” basis and
with limits no less than $1,000,000 Bodily Injury and Property Damage Combined
Single Limit.
Coverage is to be written on an “occurrence" basis.
Coverages shall include:
- Broad Form Property Damage Endorsement
- Products/Completed Operations (to be maintained for two years following final
payment).
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
- "X," "C," and "U" exclusions shall be limited
- Contractual Liability
-Railroad exclusions shall be deleted.
All employees shall be included as insureds. Contractual Liability shall
specifically include the indemnification set forth in the Contract
4. Umbrella Policy. The required coverages may be in any combination of primary,
excess and umbrella policies. Any excess or umbrella policy must provide
excess coverage over underlying insurance on a following-form basis such that
when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
5. Deductible. Each policy shall have a deductible or self -insured retention of not
more than $500.
6. City as Additional Insured. The City and its officers, officials, employees, agents,
attorneys, consultants, and representatives shall be named as an Additional
Insureds on all policies except for Worker’s Compensation, and Comprehensive
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{00017557 4} 9
Motor Vehicle Liability. Additional insured coverage shall be provided on
endorsements at least as broad as ISO form CG2010 or CG2026 (pre 2004
editions).
7. Notice of Termination. Each of the required policies shall all provide that the City
shall receive notice at least 30 days prior to termination of such policy or policies.
85
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, December 4, 2017
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order at 6:30pm, and the
City Attorney 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; Susan Banks, Communication Manager; Michael Thomas, Director of
Public Works; Pete Siebert, Fire Chief; Sally Swarthout, Director of Parks & Recreation; DeSha Kalmar,
Director of Human Resources; Mike Strong, Assistant to the City Manager, along with other members of City
Staff.
There were approximately 70 persons present in the Council Chamber.
CALL TO ORDER AND ROLL CALL 6:30pm
PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Lansing read a Resolution of Sympathy for former Mayor Rhett Butler. Elizabeth Butler Pruett
thanked the Council and shared her father’s love for The City of Lake Forest.
A. Approval of a Resolution of Sympathy for former Mayor Rhett Butler
COUNCIL ACTION: Approval of the Resolution
Alderman Tack made a motion to approve the Resolution, seconded by Alderman Newman. Motion carried
unanimously by voice vote.
Mayor Lansing shared a speech and photos from the Illinois Bicentennial Flag Raising Ceremony that was
held at City Hall at noon on December 4, along with other Illinois communities across the State. The Flag
Raising Ceremony kicks off a yearlong celebration of the State of Illinois Bicentennial.
Mayor Lansing reported that on Thursday, the City of Lake Forest received a letter of support from Joe
McHugh, Vice President of Amtrak, State Supported Services- Business Development, and he read it into the
record.
“On behalf of Amtrak, I am writing today to express Amtrak's support for adding a station stop in Lake
Forest, Illinois, to the Hiawatha Service. I also want to thank you for your recent visit with us in
Washington, DC and for your November 6 correspondence.
Under Federal legislation passed in 2008, services outside the Northeast Corridor of less than 750 miles,
such as the Hiawathas, must be primarily funded at the State or local level. In the case of the Hiawathas,
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Proceedings of the Monday, December 4, 2017
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this funding comes from the Wisconsin Department of Transportation (WisDOT) and the Illinois
Department of Transportation (IDOT): Both of these agencies have been in contact with us in recent
years on this subject, and per their instructions, we have developed potential schedules and forecasts of
ridership and revenue associated with a new stop in Lake Forest. Our forecasting to date has shown that
a stop in Lake Forest is expected to bring in close to 40,000 new riders to the Hiawathas per year.
At this point, the only obstacle preventing us from beginning service is the lack of a pedestrian
underpass at the Lake Forest station that would allow passengers to move safely from one side of the
tracks to the other. Given the large number of passenger and freight trains operating on this segment of
the railway, there is strong consensus that a pedestrian underpass is essential to ensuring everyone's
safety.
The Hiawatha Service has the highest number of frequencies of any train outside the east and west
coasts, with additional frequencies in the planning process, due in large part to the leadership of WisDOT
and IDOT. We share the vision that adding a stop in Lake Forest will leverage the route's current success
and make it an even more valuable transportation option for the region.
I encourage you to continue working with the Amtrak team in Chicago to finalize the plans for the
underpass and begin construction, and I look forward to the day when we inaugurate service to Lake
Forest.”
Mayor Lansing gave a brief history of the project and the support from IDOT, WisDOT, Governor Rauner
and possible federal support for the underpass and the universal crossover that will improve service
to/from Chicago along with the home values, economy and health of west Lake Forest. He stated that
approvals from federal agencies and the funding is necessary for the improved Metra Amtrak passenger
Service along with various consultants, advisors and help form Washing D.C. and lobbyists to navigate the
technical know-how for an Amtrak stop and underpass. The City of Lake Forest has engaged engineers,
consultants and advisors on behalf of improved passenger service over the past two years and a lobbying
firm is directly responsible for the City receiving the letter of support from Amtrak. Moving forward, the
City can do better by maintaining a visible record of the related third party expenses.
Mayor Lansing reported he and members of the Council received correspondence in regards to the third
rail. The City Council shares the concerns of the current impacts and potential impacts of rail traffic and is
awaiting on the final EA before making any policy determination. Lastly, Mayor Lansing reiterated that the
possibility of the third rail and the Amtrak stop are not dependent on each other.
Mayor Lansing stated that he was going to advance the Plan Commission item to the beginning of the
meeting but before doing so, he reminded all those in the audience that the City Council meeting is not a
public hearing on the subject. He stated that civility shall be maintained at all times, which means no
jeering, shouting or laughing at somebody or something in a mocking or scornful way, and that there shall
be no public outbursts. To ensure a dignified debate and fair presentation of all sides of a given question,
each person will be given three minutes to speak.
Mayor Lansing introduced Catherine Czerniak, Director of Community Development.
1. Consideration of a Recommendation from the Plan Commission in Support of a Special Use
Permit Authorizing a Car Wash and Gas Station as Components of a Commercial
Development Proposed on the Southeast Corner of Everett and Waukegan Roads. (First
Reading of an Ordinance)
Ms. Czerniak reported the based on a recommendation from the Plan Commission, the City Council is asked
to consider first reading of an ordinance approving a Special Use Permit to allow Waterway Carwash to
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Proceedings of the Monday, December 4, 2017
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redevelop the 1-1/2 acre parcel located on the southeast corner of Everett and Waukegan Roads with a
carwash, gas station and convenience store.
Ms. Czerniak reported that the property proposed for redevelopment is configured in an L-shape with the
narrower portion of the site extending toward the corner of Everett and Waukegan Roads. Redevelopment
of this site, including landscaping of the streetscape, has long been anticipated to improve the appearance
of the southern entrance to the business district along Waukegan Road and to provide increased services to
residents in the surrounding area.
She then gave an overview of the history of the property. The property was the site of a gas station, near
the corner, and a garden supply store; both of which vacated the site more than ten years ago. The site has
remained unused since then. In 2008, the City approved a plan for redevelopment of the site with two
buildings totaling 18,400 square feet of retail and service business space, 75 parking spaces and a drive-thru
associated with a drug store. Due to the economic downturn, the redevelopment of the site did not
proceed. In 2011, the property was acquired by IP Properties and they intend to retain ownership of the
site. Waterway Carwash would redevelop the property and operate on the site under a long term lease.
Ms. Czerniak then gave an overview of the current proposal. Waterway Carwash proposes to redevelop the
site with a high quality car wash, gas station and convenience store. A single 7,800 square foot building is
proposed to house the car wash and retail space. Five islands with gas pumps are proposed on the southern
portion of the site. The car wash tunnel is oriented south to north through the site with the exit located at
the north end of the site, near Everett Road. Finishing stations are located beyond the exit from the car
wash tunnel and direct traffic away from Everett Road. The convenience store faces Waukegan Road.
Thirty-five parking spaces are proposed on the site for employees and customers. Currently, there are six
access points to the site, two from Everett Road and four from Waukegan Road. As directed by IDOT, three
of the existing access points will be eliminated, of the three remaining access points, two curb cuts will be
located on Waukegan Road and one on Everett Road.
REVIEW TO DATE
Reviewed Date Comments
Plan
Commission 11/8/2017 Public Hearing Closed Recommendation forwarded to the City Council
subject to conditions.
Plan
Commission 3/8/2017
Public Hearing Continued
Commission voiced conceptual support for the petition subject to further
due diligence.
Plan
Commission 10/22/2015
Public Hearing Opened
Commission directed revisions to the site plan to mitigate impacts on
surrounding properties, further due diligence on various issues and
directed the petitioner to seek input from IDOT on ingress/egress.
At each meeting, the Plan Commission heard a significant amount of public testimony and received written
testimony and petitions as well. With few exceptions, the testimony was in opposition to the proposed use;
primarily the carwash. Concerns included, but were not limited to, off-site noise impacts, traffic congestion,
traffic and pedestrian safety, and the appropriateness of the proposed development for the site.
At the conclusion of the public hearing, the Commission voted 4 to 2 to recommend approval of the Special
Use Permit to the City Council incorporating various revisions to the plan in response to the concerns raised
and conditions of approval. A summary of the key measures put in place to address the concerns raised
during the review process is provided below.
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Proceedings of the Monday, December 4, 2017
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Elongation of the carwash tunnel by 25’ to allow the blower (the noise generating mechanical
equipment) to be recessed into the center of the tunnel rather than located near the exit door as
normally occurs.
Construction of additional sound baffling walls around the blowers in the center of the carwash
tunnel.
Installation of sound attenuating materials in the tunnel space just beyond the blowers and before
the exit door to further buffer the noise from the blowers.
Installation and use of high speed, automated doors at both the entrance and exit to the car wash
tunnel.
Installation of a 10’ solid fence along the east and south property lines along with landscape
screening.
Improvements including landscape enhancements on neighboring properties to the east and south,
if desired by neighboring owners, and the installation of sound mitigating glass in windows on
neighboring properties.
Reduction of operating hours from those originally proposed and normally followed at other
Waterway locations.
Relocation of trash/recycling area away from the east property line.
Installation of lights that direct all light downward and are equipped with shields to block light
spillover on to the neighboring properties.
Ms. Czerniak stated that if approved the lighting, landscape and signage will be reviewed by the Building
Review Board.
The City Council, Ms. Czerniak and the City Attorney had substantial discussion including the Plan
Commission’s role, zoning, zoning changes, property values, appropriate/intensity use of space, traffic
studies, noise studies, mitigation of impacts to surrounding structures, hours of operation, appearance and
landscape plans.
Mayor Lansing opened public comment on the matter. The following persons offered their opinion on the
matter.
David Rose 1455 White Oak Road Lake Forest- deferred his comments to later in the evening
Robert Dempsey 991 S Waukegan road Lake Forest
Jim Monroe 1030 Mar Lane Drive Lake Forest
MaryAnn Redding 1541 Kathryn Lane Lake Forest
Casey Shuff 1148 Lynette Drive Lake Forest
Gary S. 1111 S Waukegan Road Lake Forest
Jill Kaz 1045 Mar Lane Drive Lake Forest
David Kaz 1045 Mar Lane Drive Lake Forest
Sam H. Hallak 698 S. Waukegan Lake Forest
Richard Sugar 1059 Mar Lane Drive Lake Forest
Wally Wade 1028 Mar Lane Drive Lake Forest
Dave Heckler 1066 Franz Drive Lake Forest
Kent Carson 1180 Lynette Lake Forest
Mike Mulqueen 1038 Mar Lane Drive Lake Forest
Louis A. 1100 Emmons Court Lake Forest
Roderick Johnson 1250 Kajer Lane Lake Forest
Joe Passalino 631 W Everett Road Lake Forest
Donald Sheridan 991 S Waukegan Road Lake Forest
The City Council had continued discussion on revenues, the Council’s role moving forward, the Building
Review Board’s purview, traffic safety, lighting and impacts of the entire project.
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Proceedings of the Monday, December 4, 2017
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Mayor Lansing asked if there was anyone else who would like to comment. Seeing none, he asked for a
motion.
COUNCIL ACTION: If determined to be appropriate by the City Council, approve first reading of an
ordinance granting a Special Use Permit authorizing a carwash and gas station and approving the overall
redevelopment plan presented by Waterway Carwash for property located on the southeast corner of
Everett and Waukegan Roads.
AND
Direct the Building Review Board to consider the design aspects of the project and upon completion of the
review, direct the Board to forward a recommendation to the City Council for consideration.
Alderman Beidler made a motion to approve first reading of an ordinance granting a Special Use Permit
authorizing a carwash and gas station and approving the overall redevelopment plan presented by
Waterway Carwash for property located on the southeast corner of Everett and Waukegan Roads. AND
Direct the Building Review Board to consider the design aspects of the project and upon completion of the
review, direct the Board to forward a recommendation to the City Council for consideration, seconded by
Alderman Morris. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Tack and Reisenberg. The
following voted “Nay”: Alderman Rummel, Moreno and Buschmann. 5 Ayes, 3 Nays, motion carried.
Mayor Lansing called for a 10 minute recess at 9:25pm
The City Council resumed at 9:37pm, all members of the City Council remained present.
COMMENTS BY CITY MANAGER
City Manager Robert Kiely thanked Friends of Parks & Recreation for another great job on the tree lighting
ceremony. He also reminded the Council and those at home of the December 18, 2017 Special Finance
Committee workshop followed by a special City Council meeting.
COMMENTS BY CITY CCOUNCIL MEMBERS
Alderman Newman, who serves as Chairman on the Golf Advisory Committee, reported on a news release
from Highland Park that they have closed one of their Golf Courses and the other Golf Course won’t be open
until 2018. He recommended marketing Deerpath Golf Course to Highland Park.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Mayor Lansing asked if there was anyone form the public who would like to comment on non-agenda
items. The following persons offered their opinions to the City Council.
Lester Hammar 3634 Academy Woods Dr. Lake Forest
David Rose 1455 White Oak Road Lake Forest
Rick Cusack 1126 Pine Oaks Circle Lake Forest
George Panos 1105 Cahill Lane Lake Forest
Tom Sarsfield 1808 Princeton Ct Lake Forest
JoAnn Desmond 1681 Yale Ct Lake Forest
David Tanaka 1142 Pine Oaks Circle Lake Forest
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Proceedings of the Monday, December 4, 2017
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ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the November 20, 2017 City Council Meeting Minutes
2. Consideration of an Ordinance adopting the second supplement (S-2) to the Code
of Ordinances for the City of Lake Forest (waive first reading and grant final approval)
3. Award of Contract for The City of Lake Forest to join the Municipal Partnership Initiative Tree
Pruning Services for 2017
4. Authorization to Dispose of City Property
COUNCIL ACTION: Approval of the four (4) 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 Attorney noted a modest amendment to the minutes, which the City Council received prior.
Mayor Lansing once again asked the City Council if they would like to remove any item or take it separately.
Seeing none, Mayor Lansing asked for a motion to approve the four Omnibus items as presented.
Alderman Newman made a motion to approve the four omnibus items as presented, seconded by Alderman
Reisenberg. The following voted “Aye”: Aldermen 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.
ORDINANCES
1. Consideration of a Recommendation from the Plan Commission in Support of a Special Use
Permit Authorizing a Car Wash and Gas Station as Components of a Commercial
Development Proposed on the Southeast Corner of Everett and Waukegan Roads. (First
Reading of an Ordinance)
This item was advanced and heard at the beginning of the meeting.
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
There was further discussion on the third rail, keeping the environmental assessment in context, Lake
Forest’s authority of or on the third rail, transparency, federal and state influences, and passenger service.
Mayor Lansing reiterated that the third rail and the Amtrak stop are not dependent on each other.
EXECUTIVE SESSION
Mayor Lansing asked for a motion to adjourn into executive session.
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Proceedings of the Monday, December 4, 2017
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1. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (5), The City Council will be discussing the
consideration of Land Acquisition and 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 and 5 ILCS 120/2 (c), (2), The City Council will be discussing personnel.
Alderman Reisenberg made a motion to adjourn into EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (5),
The City Council will be discussing the consideration of Land Acquisition and 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 and 5 ILCS 120/2 (c), (2), The City Council will be discussing personnel, seconded
by Alderman Moreno. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Tack,
Reisenberg, Moreno and Buschmann. The following voted “Nay”: None. 8- Ayes, 0 Nays, motion carried.
Adjournment into Executive Session at 10:46pm
RECONVENE INTO REGULAR SESSION at 11:19 pm
ADJOURNMENT
There being no further business. Alderman Tack made a motion to adjourn, seconded by Alderman
Newman. Motion carried unanimously by voice vote at 11:19 p.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.
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ERP System Selection Memo 1
Date: November 2nd, 2017
To: Finance Committee of Lake Forest, Illinois
From: Caitlin Humrickhouse, Project Manager,
Baker Tilly Virchow Krause, LLP
Subject: Recommendation for Selection of ERP System
Project Background
The City engaged Baker Tilly Virchow Krause, LLP (Baker Tilly) to provide system selection services for
an Enterprise Resource Planning (ERP) system to replace the City’s current ERP and other peripheral
systems. The need to select a new ERP system was driven by a lack of functionality in the current
financial system, Superion (SunGard HTE) and a desire to limit the amount of third party and peripheral
systems used by City employees. The project produced over 5,000 system requirements as well as a
draft RFP that the City released in July of 2017. The City received two responses to the RFP from BS&A
Software (BS&A) and Tyler Technologies – Munis (Tyler). Both products proposed have longevity in the
marketplace and are well respected in the industry. Ultimately, the City’s Project Steering Committee and
Project Committee jointly selected BS&A as the recommended system.
Methodology and Due Diligence Activities
The City engaged in a rigorous process to understand the City’s needs from a new system and to assess
the functionality, reliability and adaptability of proposed systems. Each section below describes,
chronologically, the steps the City took to inform the recommendation presented in this memo.
Project Governance and Framework
The City began this project by selecting Project Sponsors, a Project Manager, a Project Steering
Committee and a Project Committee. Figure 1, below outlines these roles.
Figure 1: Project Roles and Responsibilities
Project Role Description of Role City Staff Member(s)
Project Sponsors Communicate project objectives and progress
to elected officials and City leadership
Elizabeth Holleb, Director of Finance
and IT
Joe Gabanski, Assistant IT Director
Project Manager
Manage day-to-day project activities
Inform project sponsors and other
stakeholders of project activities, risks and
issues
Diane Horn, Business Analyst, IT
Division
Project Steering
Committee
Key decision makers with input from the
Project Committee
Input on decisions with fiscal impact
Cathy Czerniak – Community
Development
Elizabeth Holleb – Finance
Diane Hall – Finance
DeSha Kalmar – Human Resources
Joe Gabanski – IT
Bob Kiely – Office of the City Manager
93
ERP System Selection Memo 2
Project Role Description of Role City Staff Member(s)
Project Committee Participate in all project activities from
requirements gathering to vendor
demonstrations to system selection
Identify functional area Subject Matter Experts
for participation
Provide Project Steering Committee with
recommendations on vendor selection
Communicate about and champion the project
Michelle Friedrich – Community
Development
Chris Teresi – Community
Development
Elizabeth Holleb – Finance
Diane Hall – Finance
Michelle Kousins – Fire
D.C. Cronin - Fire
Amber Campbell – Human Resources
Joe Gabanski – IT
Diane Horn – IT
Mike Strong – Office of the City
Manager
Dani Spann – Parks
Joe Mobile – Recreation
Tim Gehring – Police
Becky Pocasangre – Public Works
Additionally, the City established a detailed project schedule, a project charter, regular status meetings
between the Project Manager, the Project Sponsors and Baker Tilly and a shared space for storing
important project documents.
Finally, the City held two ERP 101 sessions for City staff to learn about the functionality of a modern ERP
system, the goals and timeline for the project, and their role in the project. Both sessions were well
attended.
Project Priorities Development, Requirements Definition and RFP Development
One of the most important parts of an ERP selection project is to thoroughly define overall project goals
as well as detailed requirements for system functionality. To accomplish this, the City held an Executive
Visioning session and multiple system requirement definition sessions over two weeks. The Executive
Visioning session had representation from leadership in each City department and was successful in
developing a strategic vision and top priorities for system selection. The system requirements definition
sessions engaged subject matter experts and end users from each functional area across the City and
resulted in more than 5,000 detailed system requirements.
The City then developed a comprehensive Request for Proposals (RFP) which asked for detailed
information from each vendor including company background, financial position, an overview of proposed
modules, an overview of the proposed technical environment, training and implementation methodology,
customer service response times, references and responses to complex City questions. Additionally,
vendors responded in detail to each of the City’s 5,906 detailed system requirements indicating whether
the functionality was standard, provided through a third-party, required a modification or was not
available. Finally, each vendor provided a detailed cost proposal as well as estimates of the required City
staff time to maintain the system.
Vendor Due Diligence
The City received two responses to the RFP, one from Tyler Technologies and one from BS&A. It is not
uncommon in today’s ERP marketplace to receive only one or two responses to an RFP for an ERP
system. The two responses received by the City are from reputable vendors both widely used in Midwest
municipalities.
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ERP System Selection Memo 3
The City’s Project Committee met to rate each proposal on the criteria outlined below and determine
which vendors should advance to the vendor demonstration phase. The weighting of each criterion is
listed as a percentage next to the criterion.
Round 1 Scoring Criteria
Compatibility with the City’s desired functionality – 40%
Implementation methodology – 15%
Service and support approach – 10%
Training methodology – 20%
Local (Chicago-area) presence – 10%
Overall quality of proposal – 5%
The outcome of the scoring resulted in an overall score of 66% for Tyler Technologies and 61% for
BS&A. The Project Committee recommended that the Project Steering Committee advance both vendors
to the vendor demonstration phase so that the City could compare both products. The Project Steering
Committee accepted this recommendation and both vendors were invited to demonstrate their software
product to City staff.
Each vendor came onsite to give an overview of their company, demonstrate specific system
functionality, and their implementation methodology. The vendor demonstrations were scripted, so
vendors were asked to demonstrate specific functionality, approved by City staff, in order to keep the
demonstrations focused on the functionality that the City would actually need, and not just the bells-and-
whistles of the software product. Additionally, each vendor provided an onsite lab where City staff could
sit with a vendor representative and access the system in order to gain a robust understanding of the
functionality and usability of each system. Each vendor demonstration consisted of 2 ½ - 3 days of
content and sessions were well attended by City staff. City staff were asked to complete an online survey
for each vendor demonstration so that the Project Committee and Project Steering Committee could
receive feedback from all City staff in attendance.
After the vendor demonstrations, the City conducted in-person or remote site visits with communities that
were using the proposed systems. This is a best practice in software selection projects and allows City
staff to get a firsthand account from other local governments on their experience using the software. The
City visited/had online meetings with the communities listed below:
Village of Glenview, Illinois – Tyler Munis (Tyler Technologies financial suite)
South Whitehall Township, Pennsylvania – Tyler ExecuTime (Tyler Technologies Time and
Attendance and Advanced Scheduling Suite)
City of Grand Junction, Colorado – Tyler EnerGov (Tyler Technologies Community Development
Suite)
Village of Skokie, Illinois – BS&A
Next, the City conducted expansive reference checks with the communities listed below:
BS&A Tyler Technologies
Village of Lincolnshire, IL
Village of Oak Park, IL
City of Douglasville, GA
Greenfield City, WI
Wyandotte City, MI
Village of Streamwood, IL
Village of Roselle, IL
City of Rockford, IL
Village of Elk Grove, IL
City of Naperville, IL
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ERP System Selection Memo 4
After conducting these due diligence activities, the Project Committee and the Project Steering
Committee met again to discuss all of the information provided by each vendor and perform a final rating
of each vendor. The round 2 rating criteria are listed below:
Overall system functionality – 30%
Reporting and dashboarding – 10%
System adaptability and innovation – 10%
Implementation and training – 15%
Customer satisfaction, service and support – 15%
Online access and mobile applications – 10%
Ease of use – 5%
IT considerations – 5%
The outcome of the scoring resulted in an overall score of 71% for BS&A and 65% for Tyler
Technologies. The joint Project Committee and Project Steering Committee came to consensus that the
City should select BS&A as the new ERP system.
Cost Considerations and System Functionality
Each system met many of the City’s requirements with a favorable response. A favorable response
means that the functionality is provided out of the box, out of the box through a third party, or as a
standard report. Figure 2 displays the response counts for each vendor.
Figure 2: Response Count by Vendor
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ERP System Selection Memo 5
The modules proposed by each vendor are listed in Figure 3, below. Each vendor has different naming
conventions for system modules, however, each vendor provided functionality in the areas of finance,
human resources, community development, utility billing and work orders and inventory.
Figure 3: System Functionality
BS&A Functionality Tyler Technologies Functionality
General Ledger (includes project and
grant accounting capabilities)
Accounts Payable
Cash Receipting
Miscellaneous Receipting
Purchase Orders
Fixed Assets
Payroll
Human Resources
Timesheets
Utility Billing
Work Order
Inventory Management
Building Department
Business Licensing
Citizen Request for Action
AccessMyGov/Internet Services
AccessMyGov – Employee Self Service
AccessMyGov/Financials
AccessMyGov/Building Department
Accounting/GL/BG/AP
Bid Management
BMI Asset Track Interface
BMI CollectIT Interface
Tyler CAFR Statement Builder
Capital Assets
Cash Management
Contract Management
Employee Expense Reimbursement
Inventory
Project and Grant Accounting
Purchasing
ExecuTime Advance Scheduling Mobile
Access
ExecuTime Advance Scheduling
ExecuTime Time and Attendance
eProcurement
Payroll
Recruiting
Human Resources and Talent Management
Risk Management
Employee Self Service
Accounts Receivable
Central Property File
Citizen Self Service
General Billing
Cashiering
Utility Billing
Tyler Forms Processing
Tyler Content Manager SE
Munis Analytics & Reporting
Asset Maintenance
Incident Management
EnerGov Citizen self-service
EnerGov e-reviews
EnerGov iG Workforce Apps
EnerGov Permitting and land management
Suite
EnerGov Licensing & Regulatory Suite
EnerGov Report Toolkit
GIS
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ERP System Selection Memo 6
Figure 4 compares cost by vendor for both the first year of ownership as well as over a ten-year period of
ownership. Ten-year period of ownership costs are based on annual maintenance fees and annual
maintenance rates each year. The cost comparison below was based on the proposed modules. City
staff will work with the preferred vendor to finalize pricing based on the specific modules desired for
implementation prior to presenting a contract to the City Council for approval.
Figure 4: Cost Comparison by Vendor
Recommendation to the Mayor and City Council
The Project Committee and Project Steering Committee have performed a thorough review of each
vendor that proposed on the City’s ERP project. After this review, it is their recommendation that the City
proceed with the purchase of BS&A.
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SOFTWARE LICENSE AND SERVICES AGREEMENT
This Software License and Services Agreement that includes attached Exhibits (“Agreement”) is between Bellefeuil, Szur &
Associates, Inc. ("BSA"), a Michigan corporation and the City of Lake Forest, Lake County, IL
(“Customer”), effective the date of the signature of the last Party to sign the Agreement (“Effective Date”). Each party to the
Agreement is referred to as a “Party” and the parties, collectively, are referred to as “Parties.”
This Agreement sets the terms and conditions under which BSA will furnish certain licensed software and certain services
described herein to Customer.
SECTION A – SOFTWARE LICENSE
1.License Grant.
1.1. Upon the Effective Date, subject to the terms of this Agreement and Customer’s ongoing compliance therewith, BSA
hereby grants to Customer a perpetual, non-exclusive, non-transferable, and non-assignable license to install and use
the BSA Software Products for Customer’s internal business purposes only (and not, for example, as a data center,
reseller, or service bureau for third parties, except as expressly authorized by this Section 1.1), only on servers owned
by Customer and located at Customer’s facilities (provided, however, that Customer’s employees and officials shall be
authorized to use personal devices to access and use BSA Software Products hosted on Customer’s servers for the
licensed purposes), and otherwise in accordance with this Agreement. Customer’s “internal business purposes” shall
be deemed to include: (i) all internal governmental and corporate operations of Customer; (ii) Customer’s provision of
permitting services to the Village of Bannockburn and Lake Bluff; (iii) Customer’s provision of accounting and payroll
services to the Lake Forest Library; (iv) Customer’s provision of services to other municipalities or public bodies where
the BSA Software Products are installed, accessed, and used solely by Customer; and (v) Customer’s provision of joint
services to other municipalities or public bodies that will access or use the BSA Software Products directly, but only
subject to prior approval by BSA, which will not be unreasonably withheld, and payment of additional license fees that
are substantially consistent with the license fees set forth in Schedule 1 to Exhibit A. “BSA Software Product(s)”
means each of the BSA software product modules set forth in Schedule 1 to Exhibit A (each a “Software Module”)
that Customer elects to implement, plus all of the following to the extent they pertain to the implemented Software
Modules: (i) related interfaces and customizations; (ii) BSA manuals, BSA official specifications, and BSA user guides
provided in or with the BSA software products set forth in Schedule 1 to Exhibit A (“Documentation”); and (iii) all
modifications to the BSA software products set forth in Schedule 1 to Exhibit A, including, but not limited to, fixes,
new versions, new releases, updates, upgrades, corrections, patches, work-arounds (collectively, “Modifications”). For
the avoidance of doubt, Documentation does not include advertising, other general statements about products, or
statements by sales or other staff members. Customer may make and keep (securely) one archival copy of each BSA
Software Product solely for use as backup.
1.2. Subject to the terms of Section 1.3, Customer will not sublicense, modify, adapt, translate, or otherwise transfer,
reverse compile, disassemble or otherwise reverse engineer BSA Software Products or any portion thereof without
prior written consent of the BSA. Without limiting the foregoing, the BSA Software Products may not be modified by
anyone other than BSA. If Customer modifies the BSA Software Products without BSA’s prior written consent, any
BSA obligation to provide support services on, and the warranty for, the BSA Software Products will be void. All rights
not expressly granted are reserved.
1.3. As a pre-condition to final acceptance of the BSA Software Products by the Customer, BSA shall provide for the source
codes to the BSA Software Products to be retained in escrow by a third party subject to an escrow agreement granting
Customer the right to access such source codes in the event that BSA (i) applies for or consents to the appointment
of a receiver, trustee, or liquidator of itself or any of its property; (ii) is unable to pay its debts as they mature or admits
in writing its inability to pay its debts as they mature; (iii) makes a general assignment for the benefit of creditors; (iv)
is adjudicated as bankrupt or insolvent; or (v) files a voluntary petition in bankruptcy or a petition or an answer seeking
reorganization or an arrangement with creditors, or taking advantage of any bankruptcy, reorganization, insolvency,
readjustment of debt, dissolution or liquidation law or statute; or admits the material allegations of a petition filed against
it in any proceedings under any such law; or if any action shall be taken by BSA for the purpose of effecting any of the
foregoing; or if an order, judgment, or decree is entered without the application, approval, or consent of BSA by any
court of competent jurisdiction approving a petition seeking reorganization of BSA or appointing a receiver, trustee, or
liquidator of BSA, or of all or a substantial part of any of the assets of BSA, and such order, judgment, or decree
remains unstayed and in effect for a period of ninety (90) days from the date of entry thereof. DRAFTPRELIMINARY DRAFT FOR 12/18/17 CC
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2. License Fees. Customer agrees to pay BSA, and BSA agrees to accept from Customer as payment in full for the license
granted herein, the software fees set forth in Schedule 1 to Exhibit A for each Software Module that Customer elects to
implement.
3. Limited Software Warranty.
3.1. BSA warrants and represents for a period of one (1) year following Customer’s satisfactory completion of acceptance
testing for each BSA Software Product installed by BSA that: (i) such BSA Software Product will perform substantially
in the same manner as official demonstration versions and in accordance with BSA’s authorized online tutorials and
videos that may have been made available as part of the sales and negotiation process leading up to this Agreement;
(ii) the BSA Software Product shall conform to the Documentation and be free of material defects in workmanship and
materials; and (iii) the BSA Software Product shall conform to all applicable specifications set forth in Exhibit E2 (BSA
Proposal) and Exhibit E3 (Supplement to BSA Proposal). Any claim under this Limited Software Warranty must be
made within one (1) year from the installation of the applicable BSA Software Product. Customer’s exclusive remedy
in the event of a breach of this warranty shall be to have BSA use reasonable efforts to repair or replace the non-
conforming BSA Software Product so as to render it conforming to the warranty, or in the event that is not possible to
render it conforming with reasonable efforts, to receive a refund of the amount paid for the BSA Software Product.
3.2. THE FOREGOING LIMITED SOFTWARE WARRANTY IS IN LIEU OF ALL OTHER REPRESENTATIONS OR
WARRANTIES RELATING IN ANY WAY TO THE BSA SOFTWARE PRODUCTS, INCLUDING, BUT NOT LIMITED
TO, THEIR FEATURES, ATTRIBUTES, FUNCTIONALITY, AND PERFORMANCE. THE FOREGOING LIMITED
SOFTWARE WARRANTY IS IN LIEU OF ALL SUCH REPRESENTATIONS OR WARRANTIES WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
REPRESENTATIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING
OR USAGE OF TRADE. BSA DOES NOT REPRESENT OR WARRANT THAT THE BSA SOFTWARE PRODUCTS
WILL MEET ANY OR ALL OF CUSTOMER’S PARTICULAR REQUIREMENTS, THAT THE OPERATION OF THE
BSA SOFTWARE PRODUCTS WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL
PROGRAMMING ERRORS IN THE BSA SOFTWARE PRODUCT(S) CAN BE FOUND IN ORDER TO BE
CORRECTED.
4. Ownership of BSA Software Products/Proprietary Information.
4.1. BSA shall retain ownership of, including all intellectual property rights in and to, the BSA Software Products. Customer
agrees not to challenge such rights and disclaims any copyrights or other intellectual property rights in and to the BSA
Software Products. “Intellectual property rights” means all trademarks, copyrights, patents, trade secrets, moral rights,
know-how, and all other proprietary rights except for the licenses expressly granted by the Agreement.
SECTION B – PROFESSIONAL SERVICES
5. Professional Services. BSA shall provide the services (“Professional Services”) set forth in Schedule 2 to Exhibit A and
Exhibit D (Statement of Work) in accordance with Exhibit E2 (BSA Proposal) and Exhibit E3 (Supplement to BSA Proposal)
for the prices indicated, provided Customer fulfills its obligations set forth in this Agreement. The Parties may enter into future
Statements of Work, which shall become part of this Agreement. The Professional Services shall be provided by BSA
personnel with the necessary qualifications, training, and experience to perform such Professional Services in a professional
and workmanlike manner in accordance with the terms of this Agreement. Customer may, in its reasonable discretion, request
a change in the personnel assigned to perform any portion of the Professional Services. Upon receipt of any such request,
BSA shall replace the specified personnel as soon as reasonable practicable but, in any event, within not more than seven
(7) business days. BSA shall not reassign personnel assigned to perform Professional Services without Customer’s approval.
Customer shall have the right to conduct a phone interview of, and approve, any proposed Project Manager prior to project
assignment.
6. Change Orders. If Customer requires the performance of professional services not covered by the existing Agreement, or
requires a change to the existing Professional Services, Customer shall deliver to BSA’s Project Manager a written change
order and specify in such change order the proposed work with sufficient detail to enable BSA to evaluate it (“Change Order”).
BSA may, at its discretion, prescribe the format of the Change Order. BSA shall provide the Customer with an evaluation of
the Change Order, which may include a written proposal containing the following: (i) implementation plans; (ii) the timeframe
for performance; and (iii) the estimated price for such performance. Upon execution, all Change Orders shall be governed
by the terms and conditions of this Agreement, unless mutually agreed upon otherwise in writing. Customer acknowledges
that such Change Orders may affect the implementation schedule and Go-Live Dates.
7. License and Ownership. DRAFTPRELIMINARY DRAFT FOR 12/18/17 CC
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7.1. All rights, including all intellectual property rights, in and to work product delivered as a result of Professional Services
under this Agreement shall be owned by BSA. For the avoidance of doubt, work product that constitutes a BSA Software
Product or portion thereof shall be governed by Section A including Section 1.1 thereof.
7.2. Subject to Section 7.1 and Customer’s compliance with this Agreement (including all payment terms), BSA grants to
Customer a perpetual, non-exclusive, non-transferable, and non-assignable license to use the work product described in
Section 7.1, including the intellectual property rights therein, for Customer’s internal business purposes only.
8. Cancellation. If Customer and BSA mutually agree to a schedule for any Professional Services, and Customer unilaterally
cancels such Professional Services by giving less than thirty (30) days advance notice, then, without prejudice to BSA’s other
rights and remedies, Customer may be liable to BSA for all reasonable expenses actually incurred by BSA on Customer’s
behalf, as well as the daily fees for such cancelled services, in connection with such Professional Services to the extent that
BSA cannot reasonably reassign its affected human resources to other projects where comparable skills are required. The
amount of such expenses shall not exceed the fees associated with the canceled Professional Services (in accordance with
the Schedule 2 to Exhibit A).
9. Limited Professional Services Warranty.
9.1. BSA warrants that its Professional Services will be performed in a professional and workmanlike manner, materially in
accordance with the Statement of Work attached as Exhibit D, the Request for Proposals attached as Exhibit E1, and
the BSA Proposal attached as Exhibit E2. In the event of a breach of the foregoing warranty and a claim in accordance
with the next sentence, BSA’s sole obligation and Customer’s exclusive remedy with respect to such claim will be to
have BSA re-perform the portion of the Professional Services with respect to which the warranty has been breached
to bring it into compliance with such warranty, or, if the Professional Services are not brought into compliance within
thirty (30) days of Customer’s claim, to receive a refund of the amount paid for such Professional Services. Any claim
for breach of the foregoing warranty must be made by notice to BSA within thirty (30) days of performance of the
portion of the Professional Services with respect to which the claim is made, or said claim shall be deemed waived.
9.2. THE FOREGOING LIMITED PROFESSIONAL SERVICES WARRANTY IS IN LIEU OF ALL OTHER
REPRESENTATIONS OR WARRANTIES RELATING TO THE PROFESSIONAL SERVICES, EXPRESS OR
IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM THE COURSE OF DEALING OR USAGE OF TRADE.
SECTION C – MAINTENANCE AND SUPPORT
10. Maintenance and Support Generally.
10.1. For a one-year period commencing upon Customer’s satisfactory completion of acceptance testing for each Software
Module installed by BSA, and subject to Customer’s compliance with the Agreement, BSA will provide, at no charge
to Customer, “Maintenance and Support” relating to such Software Module, which shall include the following: (i)
modifications (such as patches, corrections, and updates) as are generally provided at no additional charge (beyond
the cost of annual Maintenance and Support) by BSA to BSA customers; and (ii) technical support, as further described
in Section 11, during BSA’s normal business hours. Maintenance and Support shall be provided in accordance with
Exhibit E2 and Exhibit E3.
10.2. Commencing one (1) year after Customer’s satisfactory completion of acceptance testing for each Software Module
installed by BSA, Maintenance and Support will be provided on an annual basis, subject to compliance with the terms
of the Agreement and payment of the annual Maintenance and Support fees set forth in Exhibit B for that Software
Module. Maintenance and Support will be renewed annually unless either Party notifies the other at least sixty (60)
days prior to the anniversary of installation of its intent to terminate.
10.3. BSA guarantees that the Maintenance and Support annual fees set forth in Exhibit B will not change for two (2) years
from the date of the Customer’s satisfactory completion of acceptance testing for all Software Modules selected for
implementation. After that date, BSA reserves the right each year to increase the fee over the previous year by no
more than an amount that is proportionate to the increase (measured from the beginning of such previous year) in the
Consumer Price Index as set forth by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index
– All Urban Consumers – U.S. City Average (the “Annual Renewal Fee”).
11. Support.
11.1. With respect to Errors following expiration of the Limited Software Warranty, BSA’s sole obligation and Customer’s
sole remedy are set forth in this section 11. Subject to Customer’s compliance with the terms of the Agreement and
timely payment of applicable Maintenance and Support fees, BSA shall use commercially reasonable efforts,
commensurate with the severity level, to achieve its support response and resolution targets with respect to Errors as
set forth in Exhibit C. An “Error” means a verifiable and reproducible failure of a BSA Software Product to operate in
accordance with the Documentation under conditions of normal use and where the Error is directly attributable to the DRAFTPRELIMINARY DRAFT FOR 12/18/17 CC
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BSA Software Product as updated with current Modifications. If the customer modifies the BSA Software Products
without BSA’s written consent, BSA’s obligation to provide support services on the BSA Software Products will be void.
11.2. Support does not include the following: (i) installation or implementation of the BSA Software Products; (ii) onsite
training/support, remote training, application design, and other consulting services; (iii) support of an operating system,
hardware, or support outside of BSA’s normal business hours; (iv) support or support time due to a cause external to
the BSA Software Products adversely affecting their operability or serviceability, which shall include but not be limited
to water, fire, wind, lightning, other natural calamities, transportation, misuse, abuse, or neglect; (v) repair of the BSA
Software Products modified in any way other than modifications made by BSA or its agents; (vi) support of any other
third-party vendors’ software, such as operating system software, network software, database managers, word
processors, etc.; and (vii) support of the BSA Software Products that have not incorporated current Modifications. All
such excluded Maintenance and Support Services performed by BSA at Customer’s request shall be invoiced to
Customer on a time and materials basis, plus reasonable expenses associated therewith; provided, however, that BSA
shall notify Customer before rendering any excluded Maintenance and Support Services and, if requested by
Customer, shall provide a quote of applicable rates and estimated costs and expenses.
11.3. Notwithstanding anything to the contrary, in order to maintain the integrity and proper operation of the Software,
Customer agrees to use commercially reasonable efforts to implement, in the manner instructed by BSA, all
Modifications in a timely manner. Customer’s failure to implement any Modifications may limit or restrict the ability of
Customer to implement future Modifications. Customer shall provide prompt notice of any Errors discovered by
Customer, or otherwise brought to the attention of Customer. Proper notice may include, without limitation, prompt
telephonic and written (either via e-mail or postal mail) notice to BSA of any purported Error. If requested by BSA,
Customer agrees to provide written documentation of Errors to substantiate those Errors and to otherwise assist BSA
in the detection and correction of said Errors. BSA will use its commercial reasonable judgment to determine if an
Error exists.
11.4. Customer acknowledges and agrees that BSA and product vendors may require online access to the BSA’s system in
order for BSA to provide Maintenance and Support Services hereunder. Accordingly, Customer shall provide a
connection to the Internet to facilitate BSA’s remote access to BSA’s system. BSA shall provide remote connection
software, which may require installation of a software component on a workstation or server computer.
SECTION D – GENERAL TERMS AND CONDITIONS
12. Customer Assistance. Customer acknowledges that the implementation of the BSA Software Products is a cooperative
process requiring time and resources of Customer personnel. Customer shall, and shall cause Customer personnel to, use
all reasonable efforts to cooperate with and assist BSA as may be reasonably required to meet the project deadlines and
other milestones agreed to by the Parties for implementation. BSA shall not be liable for failure to meet such deadlines and
milestones when such failure is due to force majeure (as defined in Paragraph 26, below) or to the failure by Customer
personnel to provide such cooperation and assistance (either through action or omission).
13. BSA Proprietary Information.
13.1. Customer acknowledges that the information associated with or contained in the BSA Software Products and
information used in the performance of Professional Services include trade secrets and other confidential and
proprietary information of BSA (the “Proprietary Information”).
13.2. The Customer shall maintain in confidence and not disclose Proprietary Information, directly or indirectly, to any third
party without BSA’s prior written consent except as required by law. Customer shall safeguard the Proprietary
Information to the same extent that it safeguards its own most confidential materials or data, but in no event shall the
standard implemented be less than industry standard. Proprietary Information shall be used by Customer solely to
fulfill its obligations under this Agreement. Customer shall limit its dissemination of such Proprietary Information to
employees within the Customer’s business organization who are directly involved with the performance of this
Agreement and have a need to use such Proprietary Information. Customer shall be responsible for all disclosures by
any person receiving Proprietary Information, by or through it, as if Customer itself disseminated such information.
13.3. Proprietary Information shall not include any information that: (a) is or becomes publicly known through no wrongful
act or breach of any obligation of confidentiality by Customer; (b) was lawfully known to Customer prior to the time it
was disclosed to or learned by Customer in connection with this Agreement, provided that such information is not
known to Customer solely because of its prior business relationship with BSA; (c) was received by Customer from a
third party that is not under an obligation of confidentiality to BSA; or (d) is independently developed by Customer for
a party other than BSA without the use of any Proprietary Information. The following circumstances shall not cause
Proprietary Information to fall within any of exceptions (a) through (d) above: (i) a portion of such Proprietary Information
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disclosed to, the Customer; or (ii) it is a combination derivable from separate sources of public information, none of
which discloses the combination itself.
13.4. If Customer is required, or anticipates that it will be required, to disclose any Confidential Information pursuant to a
court order or other mandatory order of a government authority or pursuant to the Freedom of Information Act (5 ILCS
140/1 et seq.) or other applicable law, Customer shall, at its earliest opportunity, provide written notice to BSA so as
to give BSA a reasonable opportunity to secure a protective order or take other actions as appropriate. Customer shall
at all times, cooperate with BSA so as to minimize any disclosure to the extent allowed by applicable law.
Notwithstanding anything in this Agreement to the contrary, Customer shall not be in violation of this Agreement, and
shall not be liable to BSA, for any disclosure of Confidential Information that Customer reasonable determines to be
required by law, provided that Customer complies with the requirements of this Section 13.4.
14. Limitation on Liability and Damages. BSA’S ENTIRE LIABILITY AND RESPONSIBILITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LOSSES ARISING FROM THE BSA SOFTWARE PRODUCTS (INCLUDING BUT NOT LIMITED TO THEIR
USE, OPERATION, AND/OR FAILURE TO OPERATE), PROFESSIONAL SERVICES, MAINTENANCE AND SUPPORT,
ANY THIRD-PARTY PERFORMANCE OR LACK THEREOF, OR OTHERWISE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, SHALL BE ABSOLUTELY LIMITED TO DIRECT DAMAGES NOT IN EXCESS OF THE PURCHASE PRICE
OF BSA SOFTWARE PRODUCTS PLUS, TO THE EXTENT APPLICABLE, THE PURCHASE PRICE OF ANY
PROFESSIONAL SERVICE AND ANY MAINTENANCE AND SUPPORT SERVICE SET FORTH IN THIS AGREEMENT
THAT GIVES RISE TO THE CLAIM. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN, BSA SHALL NOT BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR CONTINGENT DAMAGES OR EXPENSES,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS
AGREEMENT, BSA SOFTWARE PRODUCTS, ANY THIRD-PARTY PERFORMANCE, OR LACK THEREOF, OR BSA’S
PERFORMANCE, OR LACK THEREOF, UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, LOSS OF REVENUE, PROFIT, OR USE. TO THE EXTENT THAT APPLICABLE
LAW DOES NOT PERMIT THE LIMITATIONS SET FORTH HEREIN, THE LIABILITY AND DAMAGES SHALL BE LIMITED
AND RESTRICTED TO THE EXTENT PERMITTED BY LAW.
15. Customer is solely responsible for its data, its database, and for maintaining suitable back-ups of the data and database to
prevent data loss in the event of any hardware or software malfunction. Customer covenants and agrees to undertake all
necessary measures to protect and secure its data, including implementation of technical, administrative and physical
protections. BSA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DATA LOSS REGARDLESS OF THE REASONS
FOR SAID LOSS. To the maximum extent authorized by law, Customer agrees to defend, indemnify and hold BSA harmless
for any claim by any person or entity arising out of any loss or compromise of data or data security or arising out of Customer’s
breach of this Agreement.
16. Additional Disclaimer. SUPPLIER PROVIDES NO WARRANTY FOR ANY THIRD-PARTY SOFTWARE AND/OR
HARDWARE. EXCEPT AS SET FORTH IN THIS AGREEMENT, SUPPLER WILL NOT BE RESPONSIBLE FOR ANY
THIRD-PARTY SOFTWARE, THIRD-PARTY SERVICES AND/OR HARDWARE.
17. Indemnification; Insurance.
17.1. Indemnification for Intellectual Property Infringement. If a claim is made or an action is brought alleging that a BSA
Software Product infringes on a U.S. patent, or any copyright, trademark, trade secret or other proprietary right, BSA will
defend Customer against such claim and will pay resulting costs and damages finally awarded, provided that: (a)
Customer promptly notifies BSA in writing of the claim; (b) BSA has sole control of the defense and all related settlement
negotiations; (c) Customer reasonably cooperates in such defense at no expense to BSA; and (d) Customer is not in
material breach of this Agreement, and has continued to purchase Maintenance and Support Services. The obligations
of BSA under this Section are conditioned on Customer’s agreement that if the applicable BSA Software Product, in
whole or in part, or the use or operation thereof, becomes, or in the opinion of BSA is likely to become, the subject of
such a claim, BSA may at its expense either procure the right for Customer to continue using the BSA Software Product
or, at the option of BSA, replace or modify the same so that it becomes non-infringing (provided such replacement or
modification maintains the same material functionality and does not adversely affect Customer’s use of the Update as
contemplated hereunder).
17.2. Insurance. At all times during the term of this Agreement, BSA shall maintain insurance that satisfies the minimum
coverage requirements set forth in Exhibit E1. BSA shall deliver proof of insurance in a form satisfactory to Customer at
least fifteen (15) days prior to commencing installation or implementation of any BSA Software Products or performance
of any Professional Services under this Agreement.
18. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of BSA and Customer. No
third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or asser t
any right under this Agreement.
19. Termination. Without prejudice to other rights and remedies, and except as otherwise provided in this Agreement, either
Party may terminate this Agreement for the other Party’s material breach upon failure to cure such breach after thirty (30)
days’ written notice identifying with specificity the nature of the breach. Upon termination of this Agreement: (a) Customer
shall promptly pay all amounts payable to BSA for Services rendered up to the date of termination; and (b) Customer shall DRAFTPRELIMINARY DRAFT FOR 12/18/17 CC
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return or destroy, at the direction of the BSA, BSA’s Proprietary Information in its possession. The termination of this
Agreement will not discharge or otherwise affect any pre-termination obligations of either Party existing under this Agreement
at the time of termination. Sections 1.2, 4.1, 7.1, 13 through 18, 20 through 29, and the provisions of this Agreement, which
by their nature extend beyond the termination of this Agreement, will survive termination of the Agreement. Neither BSA nor
Customer may bring any action for breach of this Agreement more than one (1) year after the non-breaching Party knew or
should have known of the events giving rise to such action; provided, however, that any continuing failure by either Party to
perform in accordance with the material terms of this Agreement shall be deemed a continuing breach for each day that such
failure exists.
20. Payment Terms. Customer shall pay BSA for all amounts in accordance with this Agreement and Exhibit A.
21. Governing Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the state
of Illinois, without regard to its choice of law rules. BSA and the Customer agree that the exclusive venue for any legal or
equitable action shall be the Courts of the County o f Lake, State of Illinois, or in any court of the United States of America
lying in the Northeast District of Illinois.
22. Entire Agreement. This Agreement represents the entire agreement of Customer and BSA with respect to the subject matter
hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed,
implied, or statutory. Customer hereby acknowledges that in entering into this Agreement, it did not rely on any information
not explicitly set forth in this Agreement.
23. Export. Customer will comply with all applicable laws, including applicable export control laws that prohibit export or diversion
of certain products and technology to certain countries or individuals, including foreign nationals in the United States.
Customer undertakes to determine any export licensing requirements and to comply with such obligations. The BSA Software
Products are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined
in FAR Section 52.227-19 “Commercial Computer Software-Restricted Rights” and DFARS 227.7202, “Rights in Commercial
Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any
use, modification, reproduction release, performance, display, or disclosure of BSA’s Software Products by the U.S.
Government shall be solely in accordance with the terms of this Agreement.
24. Severability. If any term or provision of this Agreement, or the application thereof, to any extent, be held invalid or
unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances,
other than those as to which it is held invalid or unenforceable, will not be affected thereby, and each term and provision of
this Agreement will be valid and enforced to the fullest extent permitted by law.
25. Successors and Assigns. This Agreement shall be binding upon the successors, permitted assigns, representatives, and
heirs of the Parties hereto. For avoidance of doubt, any expansion or assignment of the licenses granted by Sections 1 and
7 of this Agreement shall require the consent of BSA.
26. Force Majeure. “Force Majeure” is defined as an event beyond the reasonable control of a Party, including governmental
action, war, riot or civil commotion, fire, natural disaster, problematic weather, lack of availability of Customer provided
technology, labor disputes, restraints affecting shipping or credit, delay of carriers or any other cause that could not, wit h
reasonable diligence, be foreseen, controlled or prevented by the Party. Neither Party shall be liable for delays in performing
its obligations under this Agreement to the extent that the delay is caused by Force Majeure.
27. Notice. All notices, requests, demands, and determinations under the Agreement (other than routine operational
communications), shall be in writing and shall be deemed duly given : (i) when delivered by hand; (ii) one (1) business day
after being given to a nationally recognized overnight delivery service for next-business-day delivery, all fees prepaid; (iii)
when sent by confirmed facsimile with a copy sent by another means specified in this provision; or (iv) six (6) calendar days
after the day of mailing, when mailed by United States mail, via registered or certified mail, return receipt requested, postage
prepaid, and in each case addressed as shall be set forth below. A Party may from time-to-time change its address or
designee for notification purposes by giving the other prior written notice of the new address or designee and the date upon
which it will become effective.
If to BSA:
BSA Software
14965 Abbey Lane
Bath, MI 48808
Attn: Contracts Manager
Telephone: 517-641-8900
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If to Customer:
City of Lake Forest
220 E. Deerpath
Lake Forest, IL 60045
(847) 234-2600
28. Independent Contractor. This is not an agreement of partnership or employment of BSA or any of BSA’s employees by
Customer. BSA is an independent contractor for all purposes under this Agreement.
29. The text of the Agreement without any Exhibits and Schedules shall control over any inconsistent text in any of the Exhibits
or Schedules.
30. Contract Documents and Order of Precedence. The text of the Agreement without any Exhibits and Schedules shall
control over any inconsistent text in any of the Exhibits or Schedules. This Agreement includes the following Exhibits and
Schedules:
Exhibit A – Payment Terms Generally
Schedule 1 to Exhibit A - License/Interface/Customization Fees
Schedule 2 to Exhibit A – Professional Services Fees
Exhibit B – Maintenance and Support Fees
Exhibit C – Support Call Process
Exhibit D – Statement of Work
Exhibit E1 – Request for Proposals
Exhibit E2 – BSA Proposal
Exhibit E3 – Supplement to BSA Proposal, as amended on [DATE] to provide omitted responses to function
requirements in original BSA Proposal
IN WITNESS THEREOF, the Parties hereto have executed this Agreement as of the dates set forth below.
BSA SOFTWARE, INC. CUSTOMER
By: ______________________________ By: ___________________________
Name: ___________________________ Name: _________________________
Title: ____________________________ Title: __________________________
Date: ____________________________ Date: __________________________
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EXHIBIT A
Payment Terms
1. Customer shall pay BSA within thirty (30) days following receipt of invoices provided in accordance with this Exhibit A.
Payments not received within fifteen (15) days after the due date shall be subject to a one and one-half percent (1.5%)
per month interest charge (or, if lower, the highest amount chargeable at law) assessed against the unpaid balance from
the date due until the date payment is received unless the payment is subject to a good faith dispute.
2. Any charges not disputed by Customer in good faith will be deemed approved and accepted by Customer. For purposes
of this Agreement, a good faith dispute regarding amounts owed exists only if Customer provides in writing at least ten
(10) days prior to due date of payment on the invoice, notification of such dispute, the specific portion of the invoice in
dispute, and the specific grounds of the dispute (which must be asserted in good faith), and Customer pays in timely
fashion such portions that are not subject to such dispute.
3. BSA shall invoice Customer $132,490 upon the Effective Date for BSA’s Project Management/Implementation Planning
Fees and Data Conversion fees as set forth in Schedule 2.
4. BSA shall invoice Customer $78,675 at the start of On-Site Implementation and Training. Such amount equals 50% of
BSA’s software license fees as set forth in Schedule 1.
5. BSA shall invoice Customer $245,560 at completion of On-Site Implementation and Training, and after one (1) month of
processing has elapsed. BS&A Support services shall be provided to assist the City with its first fiscal year closing
process. Such amount equals On-Site Implementation and Training costs, Custom Import Costs, Post Go-Live
Assistance Costs, and travel expenses, as set forth in Schedule 2, and 50% of BSA’s software license fees as set forth
in Schedule 1. This amount shall be adjusted for any approved change orders
6. Customer represents that it is exempt from sales taxes and will provide its tax exemption number to BSA upon request.
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Schedule 1 to Exhibit A
License Fees
Any modules not selected to be implemented during this project shall be removed from the contract via a change order, along
with associated training, conversion and travel costs. Pricing for any removed modules will be honored for up to 24 months from
contract execution.
Software Modules:
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Schedule 2 to Exhibit A
Professional Services Fees
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Travel Expenses $38,385
Drive hours: $35/hour (9 hour round trip = $315/trip)
Meals: $55/person/day
Lodging: $150/person/night
Weekly Trip Amounts for Training and Post Go-Live
4 day week = $1,135/week
3 day week = $930/week
2 day week = $725/week
Weekly Trip Amounts for Project Management & Implementation Planning
* Meals and Lodging calculated based on 2 people per trip
3 day week = $1,545/week
2 day week = $1,135/week
Travel costs calculated:
HRMS Training
9 trips @ 4 day weeks = $10,215
1 trip @ 2 day week = $725
UB Training
3 trips @ 4 day weeks = $3,405
1 trip @ 3 days week = $930
Financials Training
7 trips @ 4 day weeks = $7,945
1 trip @ 3 day week = $930
Community Development Training
5 trips @ 4 day weeks = $5,675
Post Go-Live Training
2 trips @ 4 day weeks = $2,270
Software Setup
1 trip @ 4 day week = $1,135
1 trip @ 3 day week = $930
Financial Project Management Days
1 trip @ 3 day week = $1,545
1 trip @ 2 day week = $1,135
Community Development Project Management Days
1 trip @ 3 day week = $1,545
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EXHIBIT B
Maintenance and Support Fees
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EXHIBIT C
Support Call Process
BSA’s standard hours for telephone support are from 8:30 a.m. to 6:00 p.m. (EST), Monday through Thursday, and 8:30 a.m. to
5:00 p.m. (EST) on Friday, excluding holidays.
You can lodge a support request in three ways: (i) Contact Customer Support option located within the Help menu of all of our
applications (ii) our toll-free support line (1-855-BSA-SOFT) or via email.
BSA targets less than thirty (30) minutes for initial response (“Initial Response Target”).
.
Customer service requests fall into four main categories:
A. Technical. Questions or usage issues relating to I.T. functionality, future hardware purchases, and configuration. BSA
tries to resolve these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
B. Questions/Support. General questions regarding functionality, use, and set-up of the applications. BSA tries to resolve
these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
C. Requests. Customer requests for future enhancements to the applications. Key product management personnel meet
with development staff on a regular basis to discuss the desirability and priority of such requests. BSA tries to resolve
these issues within BSA’s Initial Response Target or as soon thereafter as reasonably possible.
D. Issues/Bugs. Errors fall into three (3) subcategories:
i. Critical. Cases where an Error has rendered the application or a material component unusable or not usable
without substantial inconvenience causing material and detrimental consequences to business -- with no viable
Customer workaround or alternative. The targeted resolution time for critical issues is less than one (1) day.
ii. Moderate. Cases where an Error causes inconvenience and added burden, but the application is still usable by
Customer. The targeted resolution time for all moderate issues is within two (2) weeks, which is within our standard
update cycle.
iii. Minimal. Cases that are mostly cosmetic in nature, and do not impede functionality in any significant way. These
issues are assigned a priority level at our regular meetings, and resolution times are based on the specified priority.
Remote Support Process
Some support calls may require further analysis of Customer’s database or set-up to diagnose a problem or to assist Customer
with a question. BSA’s remote support tools share Customer’s desktop via the Internet to provide Customer with virtual on-site
support. BSA’s support team is able to quickly connect remotely to Customer’s desktop and view its setup, diagnose problems,
or assist Customer with screen navigation.
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EXHIBIT D
Statement of Work DRAFTPRELIMINARY DRAFT FOR 12/18/17 CC
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Statement of Work
City of Lake Forest, Lake County IL
Prepared for: City of Lake Forest
Prepared by: Kevin Schafer
BS&A Software
Date: October 24, 2017
Version: 1
Revision: 0.0
Status: Draft
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Table of Contents
1. Contact List ....................................................................................................................................................................................................................................... 19
2. Key Data from Proposal ............................................................................................................................................................................................................... 20
3. Activities and Deliverables .......................................................................................................................................................................................................... 21
3.1 GL/Budgeting ........................................................................................................................................................................................................................... 21
3.2 Cash Receipting ...................................................................................................................................................................................................................... 21
3.3 Accounts Payable ................................................................................................................................................................................................................... 22
3.4 Purchase Order ....................................................................................................................................................................................................................... 22
3.5 Fixed Assets .............................................................................................................................................................................................................................. 23
3.6 Miscellaneous Receivables ................................................................................................................................................................................................. 23
3.7 Payroll ......................................................................................................................................................................................................................................... 23
3.8 Human Resources .................................................................................................................................................................................................................. 24
3.9 Timesheets ................................................................................................................................................................................................................................ 25
3.10 Utility Billing ........................................................................................................................................................................................................................... 25
3.11 Work Order ............................................................................................................................................................................................................................ 26
3.12 Inventory Management .................................................................................................................................................................................................... 26
3.13 Building Department .......................................................................................................................................................................................................... 26
3.14 Field Inspection .................................................................................................................................................................................................................... 27
3.15 Business Licensing ............................................................................................................................................................................................................... 27
3.16 AccessMyGov – Building Department ........................................................................................................................................................................ 27
3.17 AccessMyGov – Employee Self-Services .................................................................................................................................................................... 27
3.18 AccessMyGov – Financials ............................................................................................................................................................................................... 27
3.19 AccessMyGov – Business Licensing ............................................................................................................................................................................. 28
4. Delivery Method ............................................................................................................................................................................................................................. 29
4.1 Generalized Approach.......................................................................................................................................................................................................... 29
4.2 Detailed Schedule .................................................................................................................................................................................................................. 31
4.3 Gantt Chart ............................................................................................................................................................................................................................... 32
5. Project Management Process ................................................................................................................................................................................................... 33
5.1 Organization – Roles and Responsibilities .................................................................................................................................................................. 33
5.2 Change Control ....................................................................................................................................................................................................................... 34
5.3 RAID Management ................................................................................................................................................................................................................ 35
6. Review and Approval .................................................................................................................................................................................................................... 36
7 Change Request Form ................................................................................................................................................................................................................... 37
Table of Figures
Figure 1: Delivery Process Overview ........................................................................................................................... 29
Figure 2: Delivery Process - Execute Phase................................................................................................................. 30
Figure 3: Change Control Procedure........................................................................................................................... 34
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1. Contact List
This section provides the list of key contacts for both BS&A Software and City of Lake Forest:
BS&A Contacts
Name Email Phone
Kevin Schafer kschafer@bsasoftware.com 517-881-6445
Jason Hafner jhafner@bsasoftware.com 517-641-8900
City of Lake Forest Contacts
Name Email Phone
Diane Horn hornd@cityoflakeforest.com 847-810-3598
Elizabeth Holleb hollebe@cityoflakeforest.com 847-810-3612
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2. Key Data from Proposal
See Exhibit A of Software License and Services Agreement
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3. Activities and Deliverables
This section describes specific activities and deliverables that will be provided by BS&A Software to fulfill the obligations set out
in the proposal. Each subsection includes the detailed requirements for: Data Conversion, Process Definition, and Cutover.
3.1 GL/Budgeting
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Confirm fiscal year end and desired GL format
3. Preliminary conversion development
4. Preliminary conversion QC and documentation
5. Preliminary conversion data review
6. Extract final data with corroborating reports
7. Convert final data
8. QC final BS&A database and documentation
9. Build GL banks and assign GL cash accounts
10. Set up due to/due from rules
11. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current GL process
a. Chart of Accounts analysis
b. Budget process and timing
c. Bank reconciliation process and timing
d. Pooled cash environments
e. Funds with differing FYEs
f. Project accounting
g. Grant accounting
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.2 Cash Receipting
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Confirm fiscal year end and desired GL format
3. Preliminary conversion development
4. Preliminary conversion QC and documentation
5. Preliminary conversion data review
6. Extract final data with corroborating reports
7. Convert final data
a. If no conversion, add receipt items
8. QC final BS&A database and documentation
9. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current CR process
a. Number of receipting stations
b. Confirm receipting hardware requirements
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2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.3 Accounts Payable
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Confirm fiscal year end and desired GL format
3. Preliminary conversion development
4. Preliminary conversion QC and documentation
5. Preliminary conversion data review
6. Extract final data with corroborating reports
7. Convert final data
a. If no conversion, import vendors list
8. QC final BS&A database and documentation
a. Verify 1099 vendors are marked
9. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current AP process
a. Invoice entry process and timing
b. Approval process
c. Check run process and timing
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.4 Purchase Order
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Customize purchase order format
3. Create encumbrances from open POs
4. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current PO process
a. Requisition entry process
b. Purchasing policy
c. Approval workflow
d. Bidding
e. Receiving
f. Year end process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
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3.5 Fixed Assets
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Collect screen shots from current solution
3. Preliminary conversion development
4. Preliminary conversion QC and documentation
5. Preliminary conversion data review
6. Extract final data with corroborating reports
7. Convert final data
8. QC final BS&A database and documentation
9. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current FA process
a. Depreciation schedule
b. Construction in progress
c. Improvements
d. Importing assets from PO or AP
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.6 Miscellaneous Receivables
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. QC final BS&A database and documentation
3. Customize MR invoice format
4. Customize customer statement format
5. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current MR process
a. Invoice entry process
b. Billing frequency
c. Penalties
d. ACH payments
e. Handling of delinquent balances
f. Any required application interfaces
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.7 Payroll
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Preliminary conversion development DRAFTPRELIMINARY DRAFT FOR 12/18/17 CC
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3. Refine development using implementation notes and contract language
4. Develop required payroll documents, including check formats
5. Duplicate payroll
6. Test journalization
7. Preliminary conversion QC and documentation
8. Extract final data with corroborating reports
9. Convert final data
10. QC final BS&A database and documentation
11. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current PR process
a. Number of employees
b. Departments
c. Active/inactive
d. Pay frequencies
e. Hourly pay vs. salary pay
f. Allocation tables
g. Bargaining unit impact
h. Pay structures/rates
i. Direct deposit
j. Shift work/overtime
k. Leave policies
l. Workers compensation
m. Equipment rental
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.8 Human Resources
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Preliminary conversion development
3. Preliminary conversion QC and documentation
4. Benefit categories
5. Benefit carriers
6. Benefit plans
7. QC final BS&A database and documentation
8. Verify final BS&A database at cutover
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Establish BS&A Process
1. Review current HR process
a. Number of employees with benefits
b. Benefit categories, carriers, plans
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.9 Timesheets
Establish BS&A Process
1. Review current TS process
a. Centralized vs. decentralized entry
b. Individual vs. group training
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.10 Utility Billing
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Collect screen shots from current solution
3. Preliminary conversion development
4. Preliminary conversion QC and documentation
5. Preliminary conversion data review
6. Customize bill format and other documents
7. Extract final data with corroborating reports
8. Convert final data
9. QC final BS&A database and documentation
10. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current UB process
a. Billing frequency and timing
b. Read file interfaces
c. Bill printing process
d. Payment process
e. Delinquent balance process
f. Work orders
g. Any required application interfaces
2. Review BS&A application functionality
3. Establish new read file interface
4. Establish payment file interface
5. Establish printer export file
6. Define BS&A process and training requirements
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3.11 Work Order
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Collect screen shots from current solution
3. Customize work order format
4. Set up users and workflow
5. QC final BS&A database and documentation
6. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current WO process
a. Activities handled through Work Order
b. Workflow
c. Any required application interfaces
2. Review BS&A application functionality
3. Define BS&A process and training requirements
3.12 Inventory Management
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
2. Preliminary conversion development
3. Preliminary conversion QC and documentation
4. Preliminary conversion data review
5. Extract final data with corroborating reports
6. Convert final data
7. QC final BS&A database and documentation
8. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current IM process
a. What items are inventoried
b. How are inventoried items receipted
c. How are inventoried items relieved
d. Will inventory items be associated with work orders
e. How are Quantities on Hand managed
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.13 Building Department
Establish BS&A Databases
1. Extract preliminary data with corroborating reports
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3. Preliminary conversion QC and documentation
4. Preliminary conversion data review
5. Extract final data with corroborating reports
6. Convert final data
7. QC final BS&A database and documentation
8. Verify final BS&A database at cutover
Establish BS&A Process
1. Review current BD process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.14 Field Inspection
Establish BS&A Process
1. Review current process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.15 Business Licensing
Establish BS&A Process
1. Review current process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.16 AccessMyGov – Building Department
Establish BS&A Process
1. Review current process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.17 AccessMyGov – Employee Self-Services
Establish BS&A Process
1. Review current process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.18 AccessMyGov – Financials
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Establish BS&A Process
1. Review current process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
3.19 AccessMyGov – Business Licensing
Establish BS&A Process
1. Review current process
2. Review BS&A application functionality
3. Define BS&A process and training requirements
4. Document BS&A process
5. Verify final BS&A process at cutover
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4. Delivery Method
This section describes the method that BS&A Software will use to deliver this project to City of Lake Forest. This method is
described in terms of the generalized approach and as a detailed schedule.
4.1 Generalized Approach
BS&A Software will use the following four-phase approach to fulfill the needs of City of Lake Forest:
Phase 1 – Initiate
This phase encompasses the work necessary to achieve a signed proposal. (This phase is usually completed
with the signed proposal).
Phase 2 – Plan
This phase follows the signed proposal and produces the detailed description for the work to be undertaken
and the schedule for the work, and is presented in the Statement of Work (this document).
Phase 3 – Execute
This phase encompasses all of the activity necessary to bring into operation the applications provided by
BS&A Software and the associated training.
Phase 4 – Close
This phase provides a formal conclusion of the project and the handover to BS&A’s support team.
Figure 1: Delivery Process Overview
This diagram shows the general approach that BS&A Software will follow to deliver this project.
P1
Initiate
P2
Plan
P3
Execute
P4
Close
Signed
Proposal
Signed
Statement
Of Work
Acknowledge
Cutover Complete
Certificate
Signed
Deployment Complete
Certificate
Customer
Requirement
Acknowledge
Training Complete
Certificate
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Figure 2: Delivery Process - Execute Phase
This diagram shows the activities within the Execute phase of the project, which are:
Establish BS&A database(s)
Establish BS&A process(s)
Install and cutover
Train customer staff
The details for each activity can be provided if required.
P3.1
Establish BS&A
Database
P3.2
Establish BS&A
Process
P3.3
Install and Cutover
P3.4
Train Customer
Staff
Signed
Data Conversion
Approach
Implementation
Project Manager
Acknowledged
Cutover Complete
Certificate
Customer
Signed
BS&A Process
Trainer
Acknowledged
Cutover
Complete
Certificate
IT
Statement
of Work
Process Implications
for BS&A Database
Database
Architect
Acknowledged
Training
Complete
Certificate
Signed BS&A
Database
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4.2 Detailed Schedule
The below schedule is an example, actual dates will be determined, in coordination with the City, upon receipt of a signed proposal[A1].
Task Responsible Parties
(Bold is Primary)
Start Date End Date
Initiation Activities
Conduct Kick-off Meeting BS&A and City 1/8/18 1/8/18
Review Project Scope and Project Management
Process
BS&A 1/8/18 1/8/18
Establish Project Meeting Schedule BS&A and City 1/8/18 1/8/18
Assemble BS&A Project Team BS&A 1/15/18 1/15/18
Assemble City Project Team City 1/16/18 1/16/18
Create Initial Project Timeline BS&A & City 1/17/18 1/17/17
IT and Data Conversion Activities
Meet with City IT Staff to review Hardware
Configurations
BS&A and City 2/8/18 2/8/18
Extract Preliminary Data from current System BS&A and City 2/9/18 2/9/18
Conduct Data Mapping and Develop Data
Conversion Routines
BS&A 2/10/18 2/10/18
Conduct Review of Converted Data with City BS&A and City 2/11/18 3/5/18
Install Programs BS&A 5/4/18 5/4/18
Knowledge Transfer
Conduct On-site Process Review Meeting BS&A and City 3/13/18 3/13/18
Conduct Analysis of Current Forms BS&A and City 3/14/18 3/14/18
Conduct R
Review of Required Reports
BS&A and City 3/15/18 3/15/18
Conduct Analysis of System Interface Requirements BS&A and City 3/19/18 3/19/18
Develop Best Practices Recommendation BS&A 3/20/18 3/20/18
Approve Recommendations City 3/21/18 3/21/18
Provide Consulting and Assistance with Chart of
Account Redesign
BS&A 3/22/18 3/22/18
Create System Specification Document BS&A 3/26/18 3/29/18
Implementation
Create Forms BS&A 4/2/18 4/3/18
Create Reports BS&A 4/4/18 4/5/18
Conduct Acceptance Testing City 4/9/18 4/10/18
Conduct Final Data Extraction City 4/11/18 4/12/18
Convert Final Data BS&A 4/16/18 4/17/18
On-site Set-up for Users and Configuration Items BS&A 4/18/18 4/23/18
Training
On-site Training BS&A and City 4/18 7/18
Post-Project Activities
Conduct Post Project Review & Assessment BS&A and City 8/18 8/18
Conduct Post Implementation Follow Up Training BS&A and City TBD TBD
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4.3 Gantt Chart
The dates shown below are a sample. Actual dates to be determined, in coordination with the City, upon receipt of a signed contract.
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5. Project Management Process
This section describes the following project management procedures that will be used to support the delivery of this project:
Organization
Change Control
RAID Management (Risk, Action, Issue, Decision)
5.1 Organization – Roles and Responsibilities
This subsection describes the organization that BS&A Software will use to support the delivery of this project.
Project Specific Roles
BS&A Software will use the following roles during the project:
Implementation Director
` Has overall accountability for the project and provides a point of escalation for the
customer.
Implementation Project Manager
` Has day-to-day accountability for the project.
` Manages and coordinates all activities and resources associated with the project
` Produces and maintains the Project Plan
` Responsible for and leads the work associated with the development of the customer’s new
processes.
Database Architect
` Responsible for and leads the work associated with the development of the customer’s new
databases.
Trainer
` Responsible for and leads the cutover and delivery of the training.
IT
` Assists with the extraction of test and production data from the customer’s existing
applications.
` Responsible for the installation of the BS&A applications on the customer’s production
environment.
Subject Matter Experts
` May assist as required.
Note: there may be a number of people fulfilling each role; i.e., trainers may only train on specific applications.
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5.2 Change Control
This subsection describes the Change Control procedure that BS&A Software will use to support the delivery of
projects.
Figure 3: Change Control Procedure
This diagram shows the Change Control Procedure and activities as follows:
Raise change request
Assess impact
Confirm outcome
The details of these activities are available in the Project Management Procedures document.
A1
Raise Change
Request
A2
Assess Impact
A3
Confirm Outcome
Change Request
Impact Assessed
Change Request
Requirement
Change Control
Procedure
Change
Request Log CustomerImplementation
Project Manager
Reject
Accept
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5.3 RAID Management
This subsection provides an overview of the RAID Management (Risk, Action, Issue, and Decision) procedures that will
be used to support the delivery of this project.
ITEM DEFINITION ATTRIBUTES
Risk Used to describe events that may occur and the
impact on the project if they occur
Creation – can be raised at any point during the life of the
project
Review – risks will be reviewed at specific times during the
project
Lifespan – could remain open for the duration of the project
Action Used to describe and control the specific tasks
that are raised at management meetings.
These tasks are outside of activities listed in the
Project Plan and Statement of Work.
Creation – are raised at an appropriate management meeting,
and can be raised at any point during the life of the project.
Review – progress towards closure will be reviewed at each
subsequent instance of the management meeting at which the
action was raised.
Lifespan – the expectation is that an action will be closed within
two iterations of the management meeting at which they were
raised.
Issue Used to describe and bring focus to a situation
where a task on the project plan has not been, or
cannot be, delivered according to: schedule,
specification, or budget.
Creation – can be raised at any point during the life of the
project.
Review – progress towards closure will be reviewed at the
management meeting.
Lifespan – an issue will remain open until it has been resolved to
the satisfaction of all concerned.
Decision Used to describe and record a decision made by
the project; i.e., the outcome of a change request,
or the approval of a milestone.
Creation – can be raised at any point during the life of the
project.
Review – decisions are presented to a management meeting that
has the authority to make those decisions.
Lifespan – a decision will be open up to the point that when it is
presented to the meeting, it will be either accepted or rejected (a
“no-decision” is equal to a rejection).
The details of the RAID Management procedure are available in the Project Management Procedures document.
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6. Review and Approval
There will be various review points during the project (see Project Schedule Dates) when a formal review of progress will be
marked by the confirmation of, and agreement to, specific deliverables.
You will receive a confirmation email at the completion of each of the following milestones in the implementation process. A
return email will serve as your approval:
Statement of Work. At this point, we will ask you to acknowledge that you have received the Statement of Work and
that it represents the agreed-upon scope of the project.
BS&A Database and Conversion Approach. At this point, we will ask you to acknowledge that you have received the
BS&A Database and Conversion Approach, and that it represents an acceptable conversion plan for Cutover.
Cutover Complete. At this point, we will ask you to acknowledge that the Implementation Team has provided an
agreed-upon BS&A Database and Conversion Approach.
Training Complete. At this point, we will ask you to acknowledge that the Training Team has delivered training
consistent with the Statement of Work, or that some days were left unused and should not be billed.
Deployment Complete. At this point, we will ask you to acknowledge that BS&A has provided deliverables consistent
with the Statement of Work, and that any outstanding issues from the Implementation and Training processes have
been addressed or transferred to the Support Team[A2].
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7 Change Request Form
TITLE &A SOFTWARE
Owner
Provide the name of the person who would like
this Change Request to go forward for
consideration.
Date Raised
Provide the date that this Change Request was
raised
Rationale
[tick most appropriate]
What is the primary reason for raising this Change
Request?
Unknown
Resolve an issue
Terminate or treat a risk
Reduce project cost
Improve the business case
Increase capability
Align with external environment
Comply with legal or regulatory requirements
Description
[tick all appropriate]
What needs to change?
Change scope
Change specification
Change design
Change strategy or approach
Change schedule
Description notes
Provide a brief description of what needs to
change, and include reference to the specific
milestones that will be affected.
Benefit
[tick most appropriate]
What is the expected scale of the benefit
associated with this Change Request?
Unknown
Less than $1,000
Between $1,000 and $5,000
Between $5,000 and $10,000
More than $10,000
Impact on schedule
[tick most appropriate]
What is the estimated impact on the schedule of
this Change Request?
Unknown
No impact
One month
Between one month and three months
More than three months
Impact on cost
[tick most appropriate]
What is the estimated direct cost of implementing
this Change Request?
Unknown
Less than $1,000
Between $1,000 and $5,000
Between $5,000 and $10,000
More than $10,000
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EXHIBIT E1
Request for Proposals
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EXHIBIT E2
BSA Proposal
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EXHIBIT E3
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{00017606 2} 1
THE CITY OF LAKE FOREST
ORDINANCE NO. 2017-_____
AN ORDINANCE AMENDING CHAPTERS 95, 112, AND 135 OF THE LAKE FOREST
CITY CODE PROHIBITING THE USE OF ELECTRONIC SMOKING DEVICES
WHEREAS, The City of Lake Forest (“City”) is a home rule, special charter municipal
corporation; and
WHEREAS, the City establishes regulations for the health, safety, and welfare of its
residents and related to all areas within its jurisdiction; and
WHEREAS, the City Code currently prohibits the sale of tobacco products to minors and
the smoking of tobacco products in certain places; and
WHEREAS, electronic smoking devices, commonly known as "e-cigarettes,” are devices
designed to look like and to be used in the same manner as conventional tobacco products; and
WHEREAS, electronic smoking devices employ the use of a cartridge to deliver vaporized
nicotine to users; and
WHEREAS, some cartridges used by electronic smoking devices can be filled or refilled
with liquid solutions containing controlled substances, creating the potential for inhalation and
exposure to controlled substances; and
WHEREAS, electronic smoking devices are often marketed in appealing flavors, such as
mango, strawberry, mint, and watermelon, which can increase nicotine addiction among young
people and may lead youth to try conventional tobacco products; and
WHEREAS, electronic smoking devices often mimic conventional tobacco products in
shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the
exhaled smoke from cigarettes and other conventional tobacco products; and
WHEREAS, the Mayor and City Council have determined that it is in the best interests of
the City and its residents to regulate the sale and use of electronic smoking devices in the manner
set forth below;
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{00017606 2} 2
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 Chapter 95 of the City Code. The following definitions
in Section 95.177, entitled “Definitions,” of Chapter 95, entitled "Health and Sanitation," of Title
IX, entitled "General Regulations," of the Lake Forest City Code are hereby amended and shall
read as follows:
§ 95.177: Definitions.
SMOKE or SMOKING. Inhaling, exhaling, burning or carrying a lighted cigar,
cigarette, pipe or other combustible substance in any manner or in any form. This
definition shall also include the inhaling or exhaling of the byproduct of the
burning of any smoking materials or other release of gaseous vapors from
electronic smoking devices (as defined in this Section). This definition does
not include the burning or carrying of incense in a religious ceremony or the
use of matches or lighters for nonsmoking purposes.
ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver
aerosolized or vaporized nicotine to the person inhaling from the device,
including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-
hookah. This definition includes any component, part, or accessory of such
a device, whether or not sold separately, and includes any substance
intended to be aerosolized or vaporized during the use of the device. This
definition does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms
are defined in the Federal Food, Drug, and Cosmetic Act.
SECTION THREE: Amendment to Chapter 135 of the City Code. The following
definition in Section 135.135, entitled “Definitions; Prohibitions,” of Chapter 135, entitled
"Offenses Affecting Public Health, Safety and Decency," of Title XIII, entitled "General Offenses,"
of the Lake Forest City Code is hereby amended and shall read as follows:
§ 135.135: Definitions; Prohibitions.
TOBACCO PRODUCT. Any item, product or substance containing tobacco leaf,
including specifically, but without limitation, cigarettes, cigars, snuff, and pipe,
chewing or dipping tobacco.
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TOBACCO PRODUCT. Any product that is made from or derived from
tobacco, or that contains nicotine, and is intended for human consumption
or is likely to be consumed, whether smoked, heated, chewed, absorbed,
dissolved, inhaled or ingested by any means, including, but not limited to, a
cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. Tobacco
product includes electronic smoking devices and any component or
accessory used in the consumption of a tobacco product such as filter,
rolling papers, pipes, liquid, nicotine gels and dissolvable nicotine products
used in electronic smoking devices, whether or not they contain nicotine.
Tobacco product does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms
are defined in the Federal Food, Drug, and Cosmetic Act.
SECTION FOUR: Amendment to Chapter 135 of the City Code. Subsection (C)(3) of
Section 135.999, entitled “Penalties,” of Chapter 135, entitled "Offenses Affecting Public Health,
Safety and Decency," of Title XIII, entitled "General Offenses," of the Lake Forest City Code is
hereby amended as follows:
§ 135.999: Penalties.
(C) (3) In addition to, or in lieu of, the above penalties, any minor who violates
any provision of §§ 135.135 through 135.139 may be required to fulfill a term of
community service of not less than ten hours for the first offense, 20 hours for the
second offense, and 30 hours each for the third and subsequent offenses. This
service may include service in the pulmonary unit of a community hospital, or the
like, or, if a minor violates subsections D or E of Section 135.135, he or she
is guilty of a petty offense and the court may impose a sentence of 25 hours
of community service and a fine of $50 for a first violation, and a sentence of
40 hours of community service and a fine of not more than $750 for any
subsequent violation.
SECTION FIVE: Amendment to Chapter 112 of the City Code. Section 112.006,
entitled “Smoking ,” of Chapter 112, entitled "Amusements" of Title XI, entitled "Business
Regulations," of the Lake Forest City Code is hereby amended as follows:
§ 112.006: Smoking.
It shall be unlawful to smoke, as defined in Section 95.177, carry any lighted
cigar, cigarette or pipe upon or beneath the stage, or in a dressing room of any
building used as an assembly hall with seating accommodations for 100 persons
or more, in which theatricals, shows, amusements, lectures or other
entertainments are offered, operated, presented or exhibited.
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SECTION SIX: Effective Date. This Ordinance shall be in full force and effect upon its passage,
approval, and publication in pamphlet form in the manner provided by law.
Passed this ____ day of _________________________, 2017.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this __ day of _________________________, 2017.
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk
169
Lake Forest Community High School District 115
Lake Forest Elementary School District 67
Michael Simeck
Superintendent of Schools
300 S. Waukegan Rd. • Lake Forest, IL 60045 • 847-604-7401 • Fax 847-234-2372 • msimeck@lfschools.net
December 7, 2017
Dear Lake Forest City Council Members,
I write today to urge you to expand the City’s definition of restricted substances and paraphernalia to
include e-cigarettes and devices commonly known as “Juuls.” Currently, there is not a local ordinance
prohibiting the use or possession of these devices.
“Juuling” has become prevalent in our schools, particularly our high school, and we seek your support in
curbing this issue among the community’s youth. The frequency and scope of “juuling” at our high
school appears significantly greater than many of our regional peers. For other neighboring high
schools, this was a fad that came and went last year, but in ours school it has continued unabated. The
“juuling” device strongly resembles a computer flash drive and is charged by inserting into a computer’s
USB port. The most common use is to consume in one quick puff an amount of nicotine equivalent to
that in a pack of cigarettes. The consumption method requires only slipping the “Juul” from one’s
pocket or backpack, briefly inhaling, and returning the device. Many of the devices are modified to
allow for equally rapid consumption of THC oil, the active ingredient in marijuana, in the same manner.
We have determined that the lack of social stigma is one reason that students feel little if any
compunction about “juuling” which in part explains why these devices find favor in users across all
student groups. Students from literally every social group, age, interest, and engagement level use and
express little or no inhibition about being caught with the devices. When asked, “Would you bring a
pack of cigarettes to class or smoke on school grounds?” students respond with a quick, “Of course
not.” Reasons for this range from “That’s illegal” to “That’s gross.
In order to protect our students, including e-cigarettes and devices within the ordinance would create
an additional formal and public barrier and would assist in curbing their use.
We would like to thank Chief Walldorf, City Manager Kiely, and School Resource Officers Christensen
and Grum for their support and responsiveness in this urgent matter.
Sincerely,
Michael V. Simeck
Superintendent of Schools
170
ADDING ELECTRONIC SMOKING DEVICES TO CURRENT LAKE FOREST ORDINANCES
Deborah Chrobak Management Analyst
Abstract This report details current Lake Forest smoking and tobacco ordinances, provides a review of various state, county and municipal laws already written and proffers draft sections for a Lake Forest ordinance.
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ELECTRONIC SMOKING DEVICES ORDINANCE OVERVIEW
This overview is intended to look at smoking, newer electronic devices that mimic smoking, restricting access to these devices among juveniles under the age of 18 and if school grounds are described as prohibitive places to use these items. The first section below reviews abbreviated versions of four Lake Forest ordinances which have applicability to the issue of minors smoking and/or the possession and use of associated electronic smoking devices.
Following the Lake Forest ordinances are abbreviated sections of Illinois state statutes, and Lake County, Evanston, Barrington and Park Ridge ordinances germane to the discussion. Wherever a clearly defined offense penalty is stated it will be included.
At the report end in Appendix A will be a sample, updated ordinance incorporating some changes to provide for e-cigarette products and smoking.
The launch point for this report was driven by a discussion about a newer e-cigarette product named JUUL (pronounced: jewel). It seems to be of great interest to younger people due to the introduction of candy flavors, like mango, strawberry, cool mint and watermelon, into the pods. The JUUL website states: “Smokers like JUUL because it was designed with smokers in mind. With its unique satisfaction profile, simple interface, flavor variety and lack of lingering smell, JUUL stands out as a genuinely satisfying alternative to cigarettes. JUUL is beautifully designed, portable and easy to use. Simply insert your pod to get started. Are you a smoker new to vaping? Try all of our e-liquid flavors to find the one that’s right for you, visit our JUUL pods page. JUUL is a genuinely satisfying smoking alternative. It is unlike any other e-cigarette or vaporizer. The JUUL starter kit includes a JUUL device and four pods containing our unique, rapidly satisfying JUUL salts™ e-liquid flavors. With a magnetic charger and a one year limited device warranty, you'll have everything you need to get started.”
I. LAKE FOREST ORDINANCES
The first Lake Forest ordinance section (135) deals with tobacco products used, delivered, possessed or sold to minors under 18 years of age. There is no definition or mention of vape pens, e-cigarettes or any other electronic device system here. There is also no definition of smoke or smoking. Italicized wording is current Lake Forest ordinance verbiage.
CHAPTER 135: OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY
TOBACCO PRODUCTS AND MINORS
135.135. DEFINITIONS; PROHIBITIONS.
(A) Definitions. For the purpose of this section the following terms, phrases and words shall have the meanings given to them in this section. All terms, phrases and words used in this
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section but not defined in this section shall have the meaning given to them elsewhere in this code of ordinances.
MINOR. A person under the age of 18.
TOBACCO PRODUCT. Any item, product or substance containing tobacco leaf, including specifically, but without limitation, cigarettes, cigars, snuff, and pipe, chewing or dipping tobacco.
(B) Sale by minors. It shall be unlawful for any minor to sell, offer for sale, give, dispense, furnish or otherwise distribute any tobacco product to any minor within the corporate limits of the city.
(C) Sale to minors. It shall be unlawful for any person or business to sell, offer for sale, give, dispense, furnish or otherwise distribute any tobacco product to any minor within the corporate limits of the city.
(D) Purchase by minors. It shall be unlawful for any minor to purchase or otherwise acquire any tobacco product within the corporate limits of the city.
(E) Possession and use by minors. It shall be unlawful for any minor to possess or use a tobacco product within the corporate limits of the city; provided, however, that, the possession or use of any tobacco product by any minor under the direct supervision and control of the parent or guardian of any such minor in the privacy of such parent’s or guardian’s home shall not be unlawful.
135.999 PENALTY (C) (3) In addition to, or in lieu of, the above penalties, any minor who violates any provision of §§ 135.135 through 135.139 may be required to fulfill a term of community service of not less than ten hours for the first offense, 20 hours for the second offense, and 30 hours each for the third and subsequent offenses. This service may include service in the pulmonary unit of a community hospital, or the like.
In Chapter 95, the definition of public places is inclusive of schools and school grounds, and smoke and smoking are also defined here. However, there is no reference to electronic smoking devices and/or vaping, although the last part of the ordinance verbiage below (…in any manner or in any form…) is wide open for interpretation and inclusion.
CHAPTER 95: HEALTH AND SANITATION
PROHIBITION OF SMOKING
95.176 PURPOSE
This subchapter may be cited as the “Lake Forest Smoking Ban Ordinance,” the purpose of which is to protect the public health, comfort and environment by prohibiting smoking in all public
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places and places of employment, in order to ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke.
§ 95.177 DEFINITIONS.
PUBLIC PLACE.
(1) Any area that is open to and used by the general public, or any area to which the public is invited or in which the public is permitted, including without limitation:
(b) Common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms and elevators) of apartment buildings, condominiums, dormitory buildings, nursing home care facilities and other multiple family residential structures; (c) Common or public areas (including without limitation lobbies, hallways, reception areas, public restrooms and elevators) of any building or structure that is accessible to the public, including without limitation office, commercial and industrial buildings, banks and financial institutions, educational institutions, health care facilities such as hospitals, clinics and doctor’s offices, museums, libraries, restaurants, polling places, government and city-owned buildings, food stores, cafeterias, theaters, auditoriums, train and bus stations, hotels, motels, and retail and service establishments; (a, d, e, were omitted)
SMOKE or SMOKING.
Inhaling, exhaling, burning or carrying a lighted cigar, cigarette, pipe or other combustible substance in any manner or in any form.
95.178. PROHIBITION OF SMOKING IN PUBLIC PLACES.
It shall be unlawful to smoke in any enclosed area of any public place. It shall be unlawful for the owner, occupant or lessee, as the case may be, in control of a public place to knowingly permit smoking in any enclosed area in a public place.
95.179. PROHIBITION OF SMOKING IN PUBLIC PLACES AND OUTDOOR VENUES.
It is unlawful to smoke in the following unenclosed public places:
(A) The seating areas of all outdoor arenas, stadiums and amphitheaters;
(B) Public parks, beaches and vehicle platforms and loading areas, and recreation areas, except for those areas of the Deerpath Golf Course located at least 75 feet from the clubhouse building;
(C) School grounds;
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DRUG PARAPHERNALIA.
This ordinance section is where we find reference to vape pens and e-cigarettes, but only as drug paraphernalia.
135.040 DEFINITIONS
DRUG PARAPHERNALIA.
(1) All equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined in Ill. Rev. Stat. Ch. 56-1/2, Schedules 1 through 5, Public Act 79-454, as amended or cannabis as defined in Ill. Rev. Stat. Ch. 56-1/2, § 703, Public Act 79-1465, as amended. It includes, but is not limited to: (1-10 omitted)
11. Bongs;
12. Ice pipes or chillers;
13. Vape-pen; and/or
14. E-cigarettes.
Overall, any ordinance revisions, additions or deletions might potentially evolve into also amending the Chapter 11: City Administrative Hearing System section of the City Code to accommodate new or modified offenses and penalties. A singular section under Chapter 112 Amusements, also mentions smoking materials and wording might need to be updated.
§ CHAPTER 112 AMUSEMENTS - 112.006 SMOKING.
It shall be unlawful to smoke or carry any lighted cigar, cigarette or pipe upon or beneath the stage, or in a dressing room of any building used as an assembly hall with seating accommodations for 100 persons or more, in which theatricals, shows, amusements, lectures or other entertainments are offered, operated, presented or exhibited.
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II. STATE STATUTES, OTHER COMMUNITY AND COUNTY ORDINANCES
A. STATE OF ILLINOIS.
State statutes have adopted a two level approach to incorporate devices and tobacco; one which deals with standard tobacco products, and the second creates the term “alternative nicotine products” to account for the electronic aspect of use with tobacco products. Additionally, the Smoke Free Illinois Act (410 ILCS 82; Public Act 095-0017) is a wide ranging anti-smoking law that took effect in Illinois on January 1, 2008, and bans smoking inside most buildings used by the general public.
PREVENTION OF TOBACCO USE BY MINORS
(720 ILCS 675/1) Sec. 1. Prohibition on sale to and possession of tobacco by minors; prohibition on the distribution of tobacco samples to any person; use of identification cards; vending machines; lunch wagons; out-of-package sales. (a) No minor under 18 years of age shall buy any tobacco product. No person shall sell, buy for, distribute samples of or furnish any tobacco product to any minor under 18 years of age. (a-5) No minor under 16 years of age may sell any tobacco product at a retail establishment selling tobacco products. This subsection does not apply to a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner. (a-6) No minor under 18 years of age in the furtherance or facilitation of obtaining any tobacco product shall display or use a false or forged identification card or transfer, alter, or deface an identification card. (a-7) No minor under 18 years of age shall possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. (a-9) For the purpose of this Section: "Tobacco product" means any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. 720 ILCS 675/1.5 Distribution of alternative nicotine products to persons under 18 years of age prohibited. (a) For the purposes of this Section, alternative nicotine product means a product or device not consisting of or containing tobacco, that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. Alternative nicotine product excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in Section 1 of this Act, and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. (d) A person under 18 years of age shall not possess an alternative nicotine product.
720 ILCS 675/2. Sec. 2. Penalties. (b) If a minor violates subsection (a-7) of Section 1 or subsection (d) of Section 1.5, he or she is guilty of a petty offense and the court may impose a sentence of 25 hours of community service and a fine of $50 for a first violation.
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410 ILCS 82. Smoke Free Illinois Act. 82/10. Sec. 10. Definitions. In this Act: "Smoke" or "smoking" means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment. "Smoke" or "smoking" does not include smoking that is associated with a native recognized religious ceremony, ritual, or activity by American Indians that is in accordance with the federal American Indian Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
B. LAKE COUNTY
Lake County ordinances have taken a similar, but differently titled, two-step approach to defining tobacco products and electronic devices and substances. They utilize the term “electronic smoking device” and meld it into their definition of “tobacco product” under Chapter 177. According to a September 13, 2017 Daily Herald article, “The Lake County Board approved changes to its tobacco ordinance to raise the minimum age to buy tobacco products, as well as e-cigarette products, to 21 effective January 1, 2018. The measure affects 49 retail outlets in unincorporated Lake County. The minimum age to possess tobacco remains 18. Lake County is the first county in Illinois to raise the tobacco purchase age to 21. Five Lake County communities, including Deerfield, Highland Park, Lincolnshire, Vernon Hills and Buffalo Grove, are among 11 municipalities in the state to raise the age.”
Under ordinance Chapter 95, Lake County does not appear to incorporate the term “tobacco product” into their Smoke Free Environment ordinance so facially their intent on limiting electronic smoking devices in public places is not clear. However if they have some inferred agreement over the use of the definition for Smoke or Smoking where “…in any manner or in any form…” is the catchall phrase that includes “tobacco products”, that is unstated here. It seems if that was their intent, they needed to place the term “tobacco products” into Chapter 95 also.
They also differ from the State, where in Lake County Chapter 177 they specifically mention even if the device and accessories do not contain nicotine, it is still prohibited. And, they struck the county ordinance section related to minor in possession of tobacco products, where they now might default to a state charge for this.
CHAPTER 95: SMOKE-FREE ENVIRONMENT
95.02 DEFINITIONS
PUBLIC PLACE. Any enclosed area in a building or structure within unincorporated Lake County which members of the public are invited or permitted to visit or use, including lobbies, hallways,
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stairways, elevators, and other common enclosed areas of businesses or apartment buildings, condominiums, cooperatives, congregate housing, and other multiple-unit residential structures, including without limitation the following:
7) Day care centers, nursery schools, elementary schools, high schools, community colleges, technical training establishments, specialty schools, colleges and universities;
SMOKE or SMOKING. Inhaling, exhaling, burning, or carrying any lighted or burning cigarette, cigar, pipe, hookah pipe, pipe weed, or other lighted tobacco or similar product in any manner or in any form.
TOBACCO. Any item, product, or substance containing tobacco leaf, including specifically but without limitation cigarettes, cigars, snuff, and pipe, chewing, or dipping tobacco.
95.03 SMOKING PROHIBITED IN PUBLIC PLACES AND PLACES OF EMPLOYMENT.
(A) It shall be unlawful for any person to smoke in any public place or place of employment within the unincorporated area of the county.
CHAPTER 177: TOBACCO REGULATIONS
§177.03 DEFINITIONS.
ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. ELECTRONIC SMOKING DEVICE includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. ELECTRONIC SMOKING DEVICE does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
TOBACCO PRODUCT. Any product that is made from or derived from tobacco, or that contains nicotine, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. TOBACCO PRODUCT also means electronic smoking devices and any component or accessory used in the consumption of a tobacco product such as filter, rolling papers, pipes, and liquid used in electronic smoking devices, whether or not they contain nicotine. TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
§ 177.04 TOBACCO PRODUCTS AND PERSONS UNDER 21 YEARS OF AGE
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(A) Sale by persons under 18 years of age. It shall be unlawful for persons under 18 years of age to sell, give, dispense, furnish, or otherwise distribute any tobacco product to any person within the unincorporated areas of the county unless the cash register electronically prompts the cashier to input the purchaser's date of birth.
(B) Sale to persons under 21 years of age. It shall be unlawful for any person to sell, give, dispense, furnish, or otherwise distribute or make available any tobacco product to persons under 21 years of age within the unincorporated areas of this county.
(C) Notice required.
(1) It shall be unlawful for any person to engage in the sale or distribution of tobacco products within the unincorporated areas of Lake County, unless the person prominently displays as part of every display of tobacco products offered for sale the following notice:
THE SALE OF TOBACCO PRODUCTS TO ANY PERSON UNDER THE AGE OF 21 IS PROHIBITED BY LAW
§ 177.06 ENFORCEMENT
(A) Duties of the Lake County Sheriff. The Lake County Sheriff or his or her designee(s) shall be responsible for the enforcement of this chapter. They shall conduct random, unannounced inspections at locations where tobacco products are sold, including tobacco vending machines, within the unincorporated areas of Lake County to ensure compliance with this chapter.
(B) Responsibility for agent or employee. Any act constituting a violation of this chapter by an agent or employee of any person shall be deemed and held to be the act of the person, and that person shall be punishable in the same manner as if the act had been done personally by that person.
(C) The Lake County Sheriff, at his or her discretion, may cite violations of this chapter either through a notice to appear before the 19th Judicial Circuit Court or through administrative adjudication pursuant to the Lake County Administrative Adjudication Ordinance (§§ 94.50 through 94.66).
(1977 Code, § 2:1-18) (Ord. [Bd of Health Ord., Art. XVIII] passed 11-14-2000; Ord. 15-0493, passed 5-12-2015; Ord. 17-0891, passed 9-12-2017)
C. EVANSTON
In 2014 Evanston became the first Illinois municipality to adopt the national “Tobacco 21” initiative to eliminate tobacco sales to those under 21. They use “electronic cigarette” as the device terminology. They outlawed the sale of, and purchase of, tobacco and “liquid nicotine”
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products by anyone under 21. They however set the age for possession of tobacco and “liquid nicotine” at 18 or over.
CHAPTER 18 - CLEAN AIR ACT — 8-18-3 DEFINITIONS.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including, without limitation, banks, educational facilities, government buildings, healthcare facilities, laundromats, museums, public transportation facilities, reception areas, restaurants, bars/taverns, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a residential care home, child residential care home, childcare, adult daycare, healthcare facility or home based business of any kind open to the public.
SMOKE or SMOKING: Inhaling, exhaling, or carrying any lighted and/or burning smoking materials. "Smoking" does not include the burning or carrying of incense in a religious ceremony or the use of matches or lighters for nonsmoking purposes. "Smoke" shall also mean the byproduct of the burning of any smoking materials and the release of gaseous vapors from e-cigarettes (as defined in Section 3-14-1).
SMOKING MATERIALS. Any cigar, cigarette, pipe, weed, plant or other organic substance grown, manufactured or processed which is intended to be used for smoking in any form. "Smoking materials" do not include candles, incense or other similar items.
CHAPTER 14 - CIGARETTES, TOBACCO AND LIQUID NICOTINE PRODUCTS
SECTION: 3-14-1. - DEFINITIONS.
BIDI CIGARETTE. A product that: a) contains tobacco that is wrapped in temburni or tendu leaf or that is wrapped in any other material identified by rules of the Department of Health that is similar in appearance or characteristics to the temburni or tendu leaf, and b) does not contain a smoke filtering device.
ELECTRONIC CIGARETTE OR E-CIGARETTE. Means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarette, cigars, pipes, or other smoking devices.
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LIQUID NICOTINE. Means any liquid product composed either in whole or part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an e-cigarette to be converted into gas for inhaling.
TOBACCO PRODUCTS. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
3-14-6. - PROHIBITIONS REGARDING MINORS.
It shall be unlawful: (A) Sales To. For any person, including any licensee, to sell, offer for sale, give away or deliver tobacco or liquid nicotine products to any person under the age of twenty-one (21) years. (B) Sale By. For any licensee or any officer, associate, member, representative, agent or employee of such licensee, to engage, employ or permit any person under twenty-one (21) years of age to sell tobacco products in any licensed premises. (C) Purchase. For any person under the age of twenty-one (21) years to purchase tobacco or liquid nicotine products or to misrepresent his/her identity or age or to use any false or altered identification for the purpose of purchasing tobacco or liquid nicotine products. (D) Possession. For any person under the age of eighteen (18) years to possess any tobacco or liquid nicotine products; provided, that the possession by a person under the age of eighteen (18) years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
D. BARRINGTON
In their new ordinance, Barrington adopted the State definition of “alternative nicotine product”. They however, chose to separate out definitions for smokeless tobacco, smoking herbs, tobacco accessories and tobacco products.
CHAPTER 7 - TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCT SALES.
3-7-1: DEFINITIONS
ALTERNATIVE NICOTINE PRODUCT: A product, substance, or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigars, cigarettes, smokeless tobacco, or other tobacco products as these terms are defined in 720 Illinois Compiled Statutes 675/1 et seq., and any product approved by the United States food and drug administration as a nontobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
SMOKELESS TOBACCO: Any tobacco products that are suitable for dipping or chewing.
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SMOKING HERBS: All substances of plant origin and their derivatives, including, but not limited to, broom, calea, California poppy, damiana, hops, ginseng, lobelia, jimsonweed and other members of the Datura genus, passionflower and wild lettuce, which are processed or sold primarily for use as smoking materials.
TOBACCO ACCESSORIES: Cigarette papers, pipes, holders of smoking materials of all types, cigarette rolling machines and other items designed primarily for the smoking or ingestion of tobacco products or of substances made illegal under any statute or of substances whose sale, gift, barter or exchange is made unlawful under this chapter.
TOBACCO PRODUCTS: Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, or smokeless tobacco.
TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCT SALES.
3-7-6: UNDERAGE PERSONS
A. Tobacco Products, Alternative Nicotine Products, and Smoking Herbs:
1. No person under eighteen (18) years of age (i.e., a "minor") shall buy or possess any tobacco product(s), alternative nicotine product(s), and/or smoking herbs in any of their respective forms.
B. Tobacco Accessories:
1. No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered or given away any tobacco accessory(ies) to any person under eighteen (18) years of age.
2. No person under eighteen (18) years of age shall buy or possess any tobacco accessory(ies).
SMOKE FREE ILLINOIS ACT REGULATIONS. 4-7-3: DEFINITIONS
SMOKE OR SMOKING: The carrying, smoking, burning, inhaling or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment.
E. PARK RIDGE
The City of Park Ridge includes a lengthy description of the terms “smoke and smoking” in two different municipal ordinance chapters, and follow Lake County verbiage using the term “electronic smoking device”.
CHAPTER 9 - TOBACCO PRODUCTS
SECTION 12-9-1 - DEFINITIONS
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For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
A. Tobacco products means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, nicotine gels and dissolvable nicotine products or any electronic smoking device.
C. Electronic smoking device means an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other regulated substances. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, hookah pen, vape pens or any other product name or descriptor. An electronic smoking device excludes any product approved by the Food and Drug Administration as a nontobacco product used for medicinal purposes and is being marketed and sold solely for that approved purpose.
12-9-6 - PURCHASE BY MINORS PROHIBITED
A. It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent his or her identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products. B. Any person found guilty of violating this Section shall be fined $500.00.
12-9-7 - POSSESSION BY MINORS PROHIBITED
A. It shall be unlawful for any person under the age of 18 years to possess any tobacco products. However, the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home is not prohibited. B. Any person found guilty of violating this Section shall be fined $500.00.
12-9-13 - ALTERNATIVE PENALTIES; MINORS
If the offense is related to Sections 12-9-6 or 12-9-7 of this Chapter, the minor is a first-time offender and is enrolled as a full-time student at a public school district located in the City (or another equivalent private or parochial school), the court or administrative adjudication hearing officer may assign the offender to a diversion and education program that is approved by Maine Township High School District 207. If the violator agrees to attend such a program, the violator shall pay for the cost of the program and a fine of $25.00 for a first offense.
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CHAPTER 17 - SMOKING
SECTION 5-17-1 - ADOPTION OF SMOKE FREE ILLINOIS ACT
The City adopts Sections 1 through 35 and Section 70 of the Smoke Free Illinois Act, 410 ILCS 82/1 et seq., and any future revisions or amendments thereto. Furthermore, for the purpose of this Chapter the term "smokes" or "smoking" shall be interpreted to include the use and operation of an electronic smoking device. An electronic smoking device is an electronic and/or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other regulated substances. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, hookah pen, vape pen or any other product name or descriptor. An electronic smoking device excludes any product approved by the Food and Drug Administration as a nontobacco product used for medicinal purposes and is being marketed and sold solely for that approved purpose.
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APPENDIX A
This section offers an amended version of affected Lake Forest ordinances, seeking to add electronic smoking devices and the various products utilized by same. Italicized wording depicts current ordinance vocabulary, red highlighting is new proposed language and strikethroughs are deletions.
CHAPTER 95 HEALTH AND SANITATION
PROHIBITION OF SMOKING IN PUBLIC AND OTHER PLACES
95.177 DEFINITIONS
§ SMOKE or SMOKING.
Inhaling, exhaling, burning or carrying a lighted cigar, cigarette, pipe or other combustible substance in any manner or in any form. "Smoke or smoking" shall also mean the byproduct of the burning of any smoking materials and the release of gaseous vapors from ELECTRONIC SMOKING DEVICES (as defined in Section 95.177). "Smoking" does not include the burning or carrying of incense in a religious ceremony or the use of matches or lighters for nonsmoking purposes.
ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. ELECTRONIC SMOKING DEVICE includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. ELECTRONIC SMOKING DEVICE does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
CHAPTER 135: OFFENSES AFFECTING PUBLIC HEALTH, SAFETY AND DECENCY
TOBACCO PRODUCTS AND MINORS
§ 135.135 DEFINITIONS; PROHIBITIONS.
(A) Definitions. For the purpose of this section the following terms, phrases and words shall have the meanings given to them in this section. All terms, phrases and words used in this section but not defined in this section shall have the meaning given to them elsewhere in this code of ordinances.
MINOR. A person under the age of 18.
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TOBACCO PRODUCT. Any item, product or substance containing tobacco leaf, including specifically, but without limitation, cigarettes, cigars, snuff, and pipe, chewing or dipping tobacco.
TOBACCO PRODUCT. Any product that is made from or derived from tobacco, or that contains nicotine, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. TOBACCO PRODUCT also means ELECTRONIC SMOKING DEVICES and any component or accessory used in the consumption of a tobacco product such as filter, rolling papers, pipes, liquid, nicotine gels and dissolvable nicotine products used in electronic smoking devices, whether or not they contain nicotine. TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(B) Sale by minors. It shall be unlawful for any minor to sell, offer for sale, give, dispense, furnish or otherwise distribute any tobacco product to any minor within the corporate limits of the city.
(C) Sale to minors. It shall be unlawful for any person or business to sell, offer for sale, give, dispense, furnish or otherwise distribute any tobacco product to any minor within the corporate limits of the city.
(D) Purchase by minors. It shall be unlawful for any minor to purchase or otherwise acquire any tobacco product within the corporate limits of the city.
(E) Possession and use by minors. It shall be unlawful for any minor to possess or use a tobacco product within the corporate limits of the city; provided, however, that, the possession or use of any tobacco product by any minor under the direct supervision and control of the parent or guardian of any such minor in the privacy of such parent’s or guardian’s home shall not be unlawful.
135.999 PENALTY (C) (3) In addition to, or in lieu of, the above penalties, any minor who violates any provision of §§ 135.135 through 135.139 may be required to fulfill a term of community service of not less than ten hours for the first offense, 20 hours for the second offense, and 30 hours each for the third and subsequent offenses. This service may include service in the pulmonary unit of a community hospital, or the like. OR
135.999 PENALTIES: If a minor violates subsections (D or E) of Section 135, he or she is guilty of a petty offense and the court may impose a sentence of 25 hours of community service and a fine of $50 for a first violation.
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§ 112.006 SMOKING.
It shall be unlawful to smoke or use any electronic smoking device carry any lighted cigar, cigarette or pipe upon or beneath the stage, or in a dressing room of any building used as an assembly hall with seating accommodations for 100 persons or more, in which theatricals, shows, amusements, lectures or other entertainments are offered, operated, presented or exhibited.
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