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CITY COUNCIL 2018/09/04 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA *Tuesday, September 4, 2018 SPECIAL START TIME OF 6:00 PM City Hall Council Chambers 220 E Deerpath, Lake Forest Honorable Mayor, Robert Lansing Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward James E. Morris, Alderman First Ward James Preschlack, 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 6:00p.m 1.EXECUTIVE SESSION pursuant to 5 ILCS 120/2 (c), (1), The City Council will be discussing personnel 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), (11), The City Council will be discussing pending litigation. Adjournment into Executive Session Reconvene into Regular Session CALL TO ORDER AND ROLL CALL 6:30p.m. PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1.COMMENTS BY MAYOR A. Resolution of Appreciation for Public Works Refuse Collector Robert Wolf A copy of the Resolution can be found beginning on page 23 COUNCIL ACTION: Approval of the Resolution B. 2018-2019 Board and Commission Appointments/Reappointments 1 Tuesday, September 4, 2018 City Council Agenda PLAN COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Stephen Douglass Appoint 1 ZONING BOARD OF APPEALS NAME OF MEMBER APPOINT/REAPPOINT WARD James Moorhead Appoint 1 A copy of the volunteer profile sheets can be found beginning on page 24. COUNCIL ACTION: Approve the Mayors Appointments C. Appointment of Comprehensive Plan Working Group -Waukegan Road –Settlers Square Business District 2. COMMENTS BY CITY MANAGER A. Community Spotlight -Elawa Farm Foundation - Diane FitzSimons 3. COMMITTEE REPORTS PROPERTY AND PUBLIC LANDS COMMITTEE 1. Consideration of Recommendations from the Property and Public Lands Committee and the Plan Commission in Support of a Resolution Approving a Final Plat of Subdivision and an Amendment to the Master Land Transfer Agreement for McCormick Ravine. PRESENTED BY: Alderman Reisenberg, Chairman, Property and Public Lands Committee STAFF CONTACTS: Catherine Czerniak, Director of Community Development (810-3504) Robert Kiely, City Manager (810-3675) PURPOSE AND ACTION REQUESTED: The Council is asked to take action consistent with and to allow implementation of the Master Land Transfer Agreement (MLTA) between the City of Lake Forest and Lake Forest Open Lands Association (LFOLA). The MLTA was previously approved by the City Council. BACKGROUND/DISCUSSION: In 2015, LFOLA approached the City with a proposal involving the exchange of parcels to better align specific properties with the mission of each entity. The proposed exchange included parcels owned by LFOLA; a triangular parcel adjacent to 2 Tuesday, September 4, 2018 City Council Agenda Elawa Farm and Open Lands Park located on the southeast corner of Green Bay Road and Deerpath. And, McCormick Nature Preserve which is owned by the City. In addition to aligning ownership with the entity best suited to oversee the various properties over the long term, the proposed exchange was also intended to position the City and LFOLA, in partnership, to take advantage of a one of a kind opportunity to participate in the Great Lakes Fishery and Ecosystem Restoration Program, a federally funded restoration project under the leadership of the Army Corps of Engineers. At the September 8, 2015 meeting, the City Council approved the MLTA and following that action, with LFOLA’s commitment of substantial financial and staff resources, and with the City’s in-kind contribution of the land, the Army Corps of Engineers’ restoration of the McCormick Ravine proceeded as part of a larger project. Today, the restoration of the McCormick Ravine and the overall 61 acre McCormick Nature Preserve is substantially complete. The results are stunning. Once the previously agreed upon land exchange is completed, involving in the short term, the transfer of just over 36 acres of the McCormick property from the City to LFOLA; LFOLA will undertake ongoing restoration activities, monitoring and the development of nature trails and foot bridges to allow the community to experience this unique environmentally sensitive area. The City will retain ownership of the remainder of the site, based on the history and current use, with the option to transfer additional acreage to LFOLA in the future as the partnership between the two entities continues to evolve. Importantly, through this partnership, the entire 61 acre nature preserve and the ravine will be protected in perpetuity and will be available for generations of Lake Forest residents to explore and enjoy. A Resolution is included in the Council packet beginning on page 27. The Resolution incorporates approval of the following documents which are also included in the Council packet.  First Amendment to the MLTA and Exhibits  Exhibit 1 – Plat of Subdivision  Exhibit 2 – Conservation Easement  Exhibit 3 – Updated Camp Easement  Exhibit 4 – Contribution Agreement  Tentative and Final Plat of McCormick Nature Preserve Subdivision Since the original approval of the MLTA, the City and LFOLA have had the opportunity for further discussions about the mutual rights and responsibilities that will reside with each entity with respect to McCormick Ravine and the larger 61 acre site. Those discussions and further development of the concepts for long term use and protection of the area led to the conclusion that further clarification of the original MLTA was necessary and best accomplished by amending the MLTA. The First Amendment to the MLTA, which is now before the Council for approval, directs and establishes clear requirements and procedures going forward providing for: subdivision of the property and recordation of the plat, preparation of a survey reflecting the location of existing utilities, disposition of each of the platted lots in the short term and opportunities for the future, establishment of a Conservation Easement, clarification of access rights, establishment of trails and foot bridges to provide for limited public access to the nature preserve and a process (the Contribution Agreement) for addressing any future unanticipated issues. Extensive study, discussions and legal reviews have occurred to assure, 3 Tuesday, September 4, 2018 City Council Agenda to the best of the ability of all parties, that all aspects of this public/private partnership are documented following the tradition of past successful partnerships of this kind. PROJECT REVIEW/RECOMMENDATIONS Reviewed Date Comments Property and Public Lands Committee 8/9/2018 Recommendation in support of a Resolution approving amendments to the MLTA and the plat of subdivision. Plan Commission 8/8/2018 Recommendation in support of the final plat of subdivision. (5 to 0) Property and Public Lands Committee Various Meetings with LFOLA representatives, review of related documents and plat of subdivision. City Council 9/8/2015 Approval of MLTA. BUDGET/FISCAL IMPACT: There are no fiscal impacts to the City resulting from the finalization of the land transfer. COUNCIL ACTION: If determined to be appropriate by the City Council approve the Resolution substantially in the form attached by motion. PUBLIC WORKS COMMITTEE 1. Approval of an Intergovernmental Agreement Between The City of Lake Forest and The City of Highwood Regarding Shared Water Plant Operator Services and Approval to Add One Additional Full Time City Employee Position (Water Plant Operator) STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: The Public Works Committee is requesting City Council’s approval of an intergovernmental agreement between The City of Highwood (Highwood hereafter) and The City of Lake Forest (Lake Forest hereafter) for shared water plant operator services. BACKGROUND/DISCUSSION: Highwood has operated and maintained its own water treatment plant since 1938. In the summer, 2016 with Highwood’s water plant requiring significant capital improvements, staff from both municipalities began discussing the possibility of Lake Forest selling water to Highwood. Demand data was provided to Lake Forest and its water plant engineering firm, Strand Associates. After evaluating the data, Strand Associates determined that Lake Forest’s plant had sufficient capacity to provide Highwood with water. Next an analysis was completed to determine logistically how the water would be conveyed from Lake Forest’s water main system to Highwood’s water tower. Various hydraulic models were evaluated and the study concluded that the best way operationally was to construct a new transmission main from Western and Westleigh to 4 Tuesday, September 4, 2018 City Council Agenda Highwood’s tank located just inside their City limits. Various payment arrangements were discussed to include Highwood paying the transmission main expense or Lake Forest funding the project and recouping the expense through water rates over a given period of time. In the latter scenario, Highwood would need to increase its rates accordingly to cover the estimated $3.7 million dollar capital expense. Highwood analyzed their options and in early 2018, concluded that their water customers could not absorb such a significant rate increase. Highwood currently charges it water customers $5.07 / 1,000 gallons. A water transmission main would add approximately $2.75 - $2.90 / 1,000 gallons to their base rate for 20 years, plus an annual increase and an interest rate charged by Lake Forest of 3.25%. Highwood contacted Lake Forest in early February, 2018 and informed staff that one of their two water plant operators was dismissed. Being down to only one operator, Highwood asked if Lake Forest could provide an operator for two days of the week. On February 9, 2018, Lake Forest and Highwood entered into a Temporary Operational Services Agreement. The agreement period was to run from February 12-May 19, 2018. Highwood agreed to reimburse Lake Forest monthly for its overtime hourly expense plus 7% for benefits; this equated to $63.88 / hr. The agreement noted that the term could be extended if agreed upon by both parties. In early April, 2018, Highwood asked Lake Forest if the agreement could be extended for a longer period of time. Both parties agreed that the arrangement was working well and by extending the agreement for three years, it would provide Highwood with additional time to evaluate their two possible options: improve their water plant and hire additional staff or purchase water from Lake Forest or Highland Park. In requesting an extension of the agreement, Highwood agreed to increase the hourly rate it pays to Lake Forest to $80 / hrs. Both municipalities agree that working two days / week and filling in for vacation and personnel time of the current Highwood operator, would equate to approximately 1,000 hours / year for this service. At the agreed upon rate, dollars received from Highwood would pay for 77% of a new Lake Forest full-time water plant employee to include the benefit expense. The rate will be adjusted on May 1st of each year in an amount equal to the compensation adjustment percentage approved in Lake Forest’s annual budget. With two water plant operators retiring from Lake Forest’s water plant within the next three to five years, Lake Forest staff approached this request as a way to address the plant’s succession plan. A new employee could be hired and trained on all of the multiple systems at Lake Forest’s plant while the two employees retiring in a few years would share the two- day responsibility at Highwood. The opportunity would cost Lake Forest less than $25,000 annually. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 8/28/2018 Reviewed & Approved Final Intergovernmental Agreement Public Works Committee 6/25/2018 Reviewed & Approved Draft Agreement Public Works Committee 2/21/2018 Updated Committee on Temporary Services Agreement 5 Tuesday, September 4, 2018 City Council Agenda BUDGET/FISCAL IMPACT: The following table provides the expense calculation for Lake Forest operator: Item Expense FY ’19 Water Plant Operator Step 2 $ 65,619 FICA & Benefits $ 37,459 Sub-Total Expense $103,078 Highwood Reimbursement: $80/hr. x 1,000 hours -$ 80,000 Net Expense $ 23,078 The unbudgeted expense will be partially offset by proceeds from the IGA, estimated at $80,000 annually. FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water Fund $0 $103,078 N COUNCIL ACTION: Approval of an Intergovernmental Agreement (page 87) Between The City of Lake Forest and The City of Highwood Regarding Shared Water Plant Operator Services and Approval to add One Additional Full Time City Employee Position. (Water Plant Operator) 2.Authorization for the City Manager to enter into a Professional Services Agreement with Bleck Engineering Company, Inc. and Hey and Associates Inc. for Professional Public Ravine Engineering Services. PRESENTED BY: Jim Lockefeer, Public Works Management Analyst (810-3542) PURPOSE AND ACTION REQUESTED: The Public Works Committee is requesting approval for the City Manager to enter into a professional services agreement with Bleck Engineering Company, Inc. and Hey and Associates Inc. for professional public ravine engineering services. BACKGROUND/DISCUSSION: The City of Lake Forest regularly contracts with outside service providers to perform professional engineering services for various projects. As the City continues to experience heavy rains, public ravine issues and subsequent projects are expected to occur on a more regular basis. In an effort to improve efficiency and provide consistency on City projects, the Public Works Committee and City staff is seeking to establish an agreement that will designate two engineering firms, Bleck Engineering Company, Inc. and Hey and Associates Inc., to provide professional public ravine engineering services. Either firm may be selected, however, the firm selected will depend on the firm’s availability and the project type. Professional engineering services for public ravine projects will include, but are not limited to, project design, the development of construction documents, and the procurement of all the necessary permits. Additionally, the selected firms will be expected to collaborate with City staff in the development of a proposed solution for a specific ravine. 6 Tuesday, September 4, 2018 City Council Agenda An example of a project that City staff expects the selected professional engineering services firms to complete would be the design of a project related to ravine erosion that is threatening existing City-owned storm sewer infrastructure. The firms would need to design and develop all the related construction documents in order for the City to place the project out to bid. These project areas will need to be evaluated and delineated for wetlands. If a project area is considered to be wetlands the engineering firm would need to secure the necessary project permits. On July 27, 2018 a Request for Proposals (RFP) was released by the City, published in the Lake County News Sun, and posted on the City’s website. On August 10, 2018, eight submittals were received and a selection committee, comprised of City staff, was formed to review and evaluate the written responses. After careful consideration, Bleck Engineering Company, Inc. and Hey and Associates Inc. were selected by the selection committee as the successful candidates. The basis for the selection was as follows: • Bleck Engineering Company, Inc. and Hey and Associates Inc. met, and surpassed all qualifications outlined in the RFP. • Bleck Engineering Company, Inc. and Hey and Associates Inc. have extensive experience with local and municipal ravine projects. • Bleck Engineering Company, Inc. and Hey and Associates Inc. have presented reasonable fee schedules associated with their proposed project teams. This RFP process was modeled after the process utilized in October of 2015 to select a firm to provide the City with professional landscape architectural services. On December 7, 2015 City Council authorized the City Manager to enter into an agreement with Craig Bergmann Landscape Design for professional landscape architectural services. Similarly, that agreement was recommended to improve efficiency and provide consistency on City projects. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 8/28/2018 Reviewed & Approved BUDGET/FISCAL IMPACTS: Below is a summary of the range of hourly rates submitted by each firm. The rates represent an hourly rate range associated with the firm’s project team members. Each firm submitted unique project teams that featured varying project positions. These rates include a firm’s profit and overhead. Company Name Hourly Team Member Rate Range Bleck Engineering Company, Inc. $95 - $180 Hey & Associates, Inc. $110 - $195 Baxter & Woodman, Inc. $95 - $190 Ciobra Group, Inc. $105 - $210 Daniel Creany Company $120 - $200 Gewalt Hamilton Associates, Inc. $110 - $162 7 Tuesday, September 4, 2018 City Council Agenda IMEG Corp. $110 - $225 Manhard Consulting $95 - $195 Staff may look to utilize either selected firm for professional engineering services for public ravine projects with an anticipated total project cost, to include construction, within the range of $5,000 – $300,000. Staff recommends that larger and more challenging projects be evaluated and designed by a larger engineering firm, through our normal professional services selection process. Below is an estimated summary of Project budget: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Ditch and Ravine Improvements $130,000 See Below Y The FY2019 Capital Improvement Program includes an annual allocation of $130,000 for Ditch and Ravine Improvements from which some professional ravine engineering services may be paid. Work may also be paid from other budget accounts as applicable, but any single project for which services exceed $20,000 will be separately approved by the City Council. Work for both firms may also exceed the $20,000 aggregate amount in a fiscal year, which will require the approval of the Finance Committee Chairman. The agreement with Bleck Engineering Company, Inc. and Hey and Associates Inc. is intended to be for a period of three years, which will include the option of two additional, one year terms. Has competitive pricing been obtained for proposed services? Yes COUNCIL ACTION: If determined to be appropriate by the City Council, authorize the City Manager to enter into a professional services agreement with Bleck Engineering Company, Inc. and Hey and Associates Inc. for professional public ravine engineering services. 3. Forest Park Bluff Advisory Committee Update 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the August 6, 2018 City Council Meeting Minutes A copy of the minutes can be found beginning on page 92. COUNCIL ACTION: Approval of the August 6, 2018 City Council Meeting Minutes. 2. Approval of the Check Register for Period of July 21 to August 24, 2018 STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) 8 Tuesday, September 4, 2018 City Council Agenda BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on the City treasury for the payment of all sums due from the City (including all warrants relating to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments which denotes the person to whom the warrant is payable. The warrant list detail of invoice payments shall be presented for review to the Chairperson of the City Council Finance Committee for review and recommendation. All items on the warrant list detail recommended for payment by the Finance Committee Chairperson shall be presented in summary form to the City Council for approval or ratification. Any member of the City Council shall, upon request to the City Manager or Director of Finance, receive a copy of the warrant list detail as recommended by the Finance Committee Chairperson. The City Council may approve the warrant list as so recommended by the Finance Committee Chairperson by a concurrence of the majority of the City Council as recorded through a roll call vote. The Council action requested is to ratify the payments as summarized below. The associated payroll and invoice payments have been released during the check register period noted. Following is the summary of warrants as recommended by the Finance Committee Chairperson: The “all other funds” subtotal consists largely of water treatment plant improvements in the Water and Sewer Capital Fund. COUNCIL ACTION: Approval of the Check Register for July 21 to August 24, 2018 3. Approval of a Three-Year Professional Services Agreement with Invoice Cloud for credit card processing services and integration for new ERP system. STAFF CONTACT: Diane Hall, Assistant Finance Director (847) 810-3614 Fund Invoice Payroll Total 101 General 695,992 1,753,991 2,449,984 501 Water & Sewer 113,950 203,743 317,693 220 Parks & Recreation 184,594 600,541 785,134 311 Capital Improvements 508,242 0 508,242 202 Motor Fuel Tax 0 0 0 230 Cemetery 15,342 35,266 50,608 210 Senior Resources 23,347 32,509 55,856 510 Deerpath Golf Course 19,375 3,101 22,477 601 Fleet 71,486 52,883 124,369 416 - 433 Debt Funds 1,000 0 1,000 248 Housing Trust 0 0 0 201 Park & Public Land 30,000 0 30,000 All other Funds 508,880 189,840 698,721 $2,172,208 $2,871,875 $5,044,084 Check Register for July 21 - August 24, 2018 9 Tuesday, September 4, 2018 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests approval of a new three-year professional services agreement for credit card processing and integration associated with the City’s new ERP system. BACKGROUND/DISCUSSION: As part of the implementation process of the City’s ERP project, it has been identified that a new vendor would be necessary to allow credit card processing integration with the new system. The City’s ERP vendor BS&A has partnered with two vendors Invoice Cloud and Point and Pay to provide online and over the counter credit card processing integration. Staff has received demonstrations from both recommended vendors. Both providers offer online payment options with easy to use website interfaces for the residents. The City’s current credit card provider Automated Merchant Services (AMS) has a partnership with Invoice Cloud enabling additional cost savings. BUDGET/FISCAL IMPACT: Credit Card processing fees are assessed to various funds based on the point of sale location and have been included in the FY2019 budget. Has competitive pricing been obtained for proposed goods/services? Yes Vendor Estimated Processing Fees Invoice Cloud/ with alternate processor $42,541 Invoice Cloud/with AMS processing $41,143 Point and Pay $44,457 Below is an estimated summary of Project budget: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Multiple Funds $70,000 $41,143 Y COUNCIL ACTION: Approval of a Three-Year Professional Services Agreement with Invoice Cloud for credit card processing services and integration for new ERP system 4. Approval of Seyfarth Shaw LLP for professional legal services related to the McCormick Nature Preserve Land Transfer in an amount not to exceed $24,000 STAFF CONTACT: Robert Kiely Jr., City Manager PURPOSE AND ACTION REQUESTED: Council consideration of funding for professional legal services to assist with negotiations concerning the McCormick Nature Preserve Land Transfer. BACKGROUND/DISCUSSION: In December 2017, the Property and Public Lands Committee authorized the engagement of an environmental attorney to provide assistance with ongoing negotiations regarding the McCormick Nature Preserve Land Transfer between the City of Lake Forest and Lake Forest Open Lands. At that time, the City Attorney suggested that engaging an environmental attorney would be appropriate to assist the City in working through various open issues related to the land transfer. 10 Tuesday, September 4, 2018 City Council Agenda Accordingly, the City of Lake Forest engaged Seyfarth Shaw LLP to provide legal assistance with respect to the transfer. At the time, the City could not project the level of effort that needed to assist or estimate the time that would be necessary to resolve the various issues. To date, the City has accrued approximately $18,760 in legal services provided by Seyfarth Shaw LLP related to the land transfer. This amount includes approximately $14,000 paid in FY2018. City staff is anticipating that there will be additional effort needed by the firm to close out the project during the current fiscal year. Therefore, since final costs for this engagement will exceed $20,000, a request to authorize approval of the engagement from City Council is necessary. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Property & Public Lands Committee 12/18/17 Reviewed and Approved Letter of Engagement with Seyfarth Shaw LLP BUDGET/FISCAL IMPACT: The letter of engagement did not specify a total cost amount for services requested; however, staff is requesting funding in an amount not to exceed $24,000 in anticipation of additional effort necessary to close out this project. Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific waiver requested: Administrative Directive 3.5, Section 9.0A – specially authorized waiver (2/3 vote) Below is an estimated summary of Project budget: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund - Land Sale & Acquisition $76,933 $10,064* Y * A portion of the total cost was already expended in FY18. COUNCIL ACTION: Approval of Seyfarth Shaw LLP for professional legal services related to the McCormick Nature Preserve Land Transfer in an amount not to exceed $24,000.00. 5. Consideration of an Ordinance Authorizing the Elawa Farm Spooktacular Event. (First Reading, and if desired by the City Council, Final Approval) STAFF CONTACT: Mike Strong, Assistant to the City Manager (810-3680) PURPOSE AND ACTION REQUESTED: If determined to be appropriate by the City Council, waive first reading, and grant approval of an Ordinance Authorizing the Elawa Farm Spooktacular Event proposed on Sunday, October 28, 2018. 11 Tuesday, September 4, 2018 City Council Agenda BACKGROUND/DISCUSSION: The Elawa Farm Foundation (“Foundation”) has submitted a special event permit request to authorize their annual Spooktacular Event planned to take place on Sunday, October 28, from 1:00 p.m. to 3:00 p.m. at Elawa Farm. As part of this request, the Foundation is seeking authorization to provide pony rides and a Petting Zoo for patrons who attend the event. Current City Code and the Special Use Permit regulating the use of Elawa Farm do not currently authorize these types of activities. Last year, via the adoption of Ordinance 2017-50, the City Council authorized a one-time exception from these regulations to allow for the use of animals at this event. At that time, City staff and the Foundation were hopeful that a review of the Master Plan and Special Use Permit for Elawa Farm would occur prior to the 2018 event, which through an amendment, could authorize these uses. The City has submitted a formal request to review the Master Plan and Special Use Permit, and it is currently an active petition before the Zoning Board of Appeals (“Board”). The Foundation has submitted a request to allow for the use of farm animals for programs and events like the Spooktacular event as a component of the petition. Deliberations are proceeding with the Board; however, City staff does not anticipate a final recommendation on potential amendments will be ready for City Council consideration prior to the date proposed for this Foundation event. A draft Ordinance, which authorizes an exception from the City Code for the duration of this year’s event, is included in the agenda packet beginning on page 98. The draft Ordinance is in substantially the same form considered and approved by City Council last year. COUNCIL ACTION: Consideration of an Ordinance Authorizing the Elawa Farm Spooktacular Event. (First Reading, and if desired by the City Council, Final Approval) 6. Award of Bid for a Three-Year HVAC Preventive Maintenance Contract to First Point Mechanical Services, L.L.C. in the amount of $151,177.64. STAFF CONTACT: Dan Martin, Superintendent of Public Works (847-810-3561) PURPOSE AND ACTION REQUESTED: The Public Works Committee requests City Council authorization to award a three year bid for a HVAC Preventive Maintenance Contract to First Point Mechanical Services, L.L.C. BACKGROUND/DISCUSSION: The City’s HVAC preventative maintenance program keeps approximately 480 pieces of HVAC equipment in 29 facilities operating efficiently by extending the equipment’s life, ensuring its reliability, and reducing operating costs. The pieces of equipment serviced consist of furnaces, boilers, chillers, pumps, air handlers, condensers, cooling towers and exhaust fans. The program is comprised of four quarterly maintenances: two comprehensive maintenance services for spring and fall startups and two maintenances to check systems and change filters. For many years the entire program was contracted out. In 2012, as a cost saving measure, the Building Maintenance Section implemented a hybrid HVAC preventive maintenance program where in-house staff is used to maintain some of the equipment. HVAC contractors continue to service all facilities with air conditioning along with facilities that have larger complex systems and facilities. Smaller, residential type heating systems are serviced using in-house Building 12 Tuesday, September 4, 2018 City Council Agenda Maintenance staff. The City facilities with commercial heating and cooling systems are contracted to firms that have personnel with technical resources and expertise to maintain complex systems. The service contract covers the fall heating start-up maintenance on twelve City buildings and the spring cooling start-up on eighteen City buildings. The mid-summer and late-winter quarterly maintenance on all 29 facilities will be performed by in-house Building Maintenance personnel. In addition, contractors respond to emergency “no heating” or “no cooling” calls. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 8/28/18 Reviewed and Approved HVAC Contract BUDGET/FISCAL IMPACT: During winter of 2018, the City joined forces with Buffalo Grove to develop a joint bid for the 2018 HVAC Preventive Maintenance Contract as part of the Municipal Partnership Initiative (MPI). MPI is a program that takes advantage of economies of scale by securing low bid prices among neighboring municipalities who bid similar projects each year. On May 8, 2018, the following MPI bids for the HVAC Preventive Maintenance contract were received. The City’s bid included Gorton Community Center’s HVAC equipment in order for them to achieve the same purchasing power opportunity using the MPI program. Gorton’s bid amount of $7,344 is budgeted in the Gorton Operating budget. Has competitive pricing been obtained for proposed goods/services? Yes Company City of Lake Forest Bid Amount Buffalo Grove Bid Amount YMI Group $52,965.00 $13,430.00 First Point Mechanical Services, L.L.C. $56,742.00* $60,038.00 Hayes Mechanical $60,774.00 $42,371.00 GT Mechanical $83,531.00 $34,150.00 Martin Peterson Company $90,491.00 $39,491.00 F.E. Moran $140,224.00 $53,888.00 *City’s bid amount minus Gorton is $56,742 - $7,344 = $49,398 The contract was advertised in the newspaper and fifteen companies were invited to the pre-bid meeting; six companies submitted bids. The YMI Group was the lowest bidder for both towns and was brought in for an interview. It was determined during the interview process that YMI Group did not have sufficient resources to meet the minimum requirements of the contract. They have a total of eight service technicians in which seven are still currently in the apprenticeship program. None of their techs have working knowledge of Johnson Control Systems, which are the controls for five of our larger facilities. YMI Group is headquartered out of Elk Grove Village and does very little work in the northern suburbs making it difficult for them to respond to emergency calls in a timely manner. Also, the vendor did not participate in the pre-bid facility walk thru to get an understanding of the various access points and locations, resulting in questionable prices given for some buildings. For example, CROYA was 13 Tuesday, September 4, 2018 City Council Agenda priced higher than City Hall, in which City Hall has more units to maintain along with larger, more complicated heating and cooling systems. First Point Mechanical Services has considerable experience working in The City of Lake Forest buildings, having performed maintenance in a majority of the City buildings over the past decade. In addition, their knowledge of the City’s HVAC systems and control software will account for significantly less involvement from City personnel needing to guide a new contractor to each location’s equipment. First Point also services Lake Forest Academy, Loyola Academy in Wilmette and Northshore Healthcare Systems with locations in Highland Park, Evanston and Buffalo Grove. The contract terms are a maximum of three years, subject to acceptable performance by the contractor reviewed at the end of each year. The additional two years cannot exceed a two percent increase per year. In addition, a written request must be submitted to include documentation, justifying the need for the increase. First Point Mechanical Services, L.L.C. FY2019 FY2020 FY2021 $49,398.00 $50,385.96 $51,393.68 If awarded the low qualified contractor would begin this November to perform the heating start-up maintenance. The Village of Buffalo Grove is not required to accept the same bidder as lake Forest and may elect to engage one of the other contractors. FY2019-21 Funding Source Account Number Amount Requested Budgeted? Y/N Operating Budget Multiple Accounts $151,177.64 Y COUNCIL ACTION: Award of Bid for a Three-Year HVAC Preventive Maintenance Contract to First Point Mechanical Services, L.L.C. in the amount of $151,177.64 7. Approval to Waive the Competitive Bidding Process and Authorize Phase I of the Waukegan Road Sidewalk Replacement Project to Performance Paving LTD in the amount of $199,000 STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: The Public Works Committee is requesting City Council waive the competitive bidding process and authorize Phase I of the Waukegan Road Sidewalk Replacement Project to Performance Paving Ltd. in the amount of $199,000. BACKGROUND/DISCUSSION: The asphalt sidewalk located on the west side of Waukegan Road is within Illinois Department of Transportation’s (IDOT hereafter) right-of-way. Like all IDOT right-of-way sidewalks, the municipal government is expected to repair and replace the sidewalk as needed. The Waukegan Road sidewalk from Deerpath to Rte. 176 is in poor condition. While the City’s Streets Section has made multiple repairs over recent years, the sidewalk has deteriorated to a point where replacement is necessary. 14 Tuesday, September 4, 2018 City Council Agenda If the City would agree to fund the IDOT required design, a resident living in the area offered to pay for the sidewalk’s replacement. However the resident has asked that a specific paving company be used. The resident has utilized Performance Paving Ltd. for multiple parking lot construction projects and has been very satisfied with their work. The City’s Engineering staff has also inspected numerous Performance Paving driveway replacements and agrees that their overall quality and ability to perform this type of work is acceptable. The project will be broken down into two phases: Phase I includes the sidewalk from Middlefork Drive to Rte. 176 and will be completed this fall. Phase II includes the sidewalk from Middlefork Drive to Deerpath Road and will be completed in the late spring, 2019. City Council approved a contract with Gewalt-Hamilton Associates to provide design drawings for both phases of the replacement project. Design drawings for Phase I are complete and submitted to IDOT for their review. Phase II drawings are currently being developed and will be submitted to IDOT in late fall, 2018 PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 8/28/18 Approved Waiving Bid Process City Council 8/6/18 Approved Phase II Design and Authorized City Manager to Negotiate & Complete Donor Agreement City Council 3/19/18 Approved Phase I Design Public Works Committee 3/8/18 Reviewed & Approved Phase I Design BUDGET/FISCAL IMPACT: Beginning on page 103 of the agenda packet is Performance Paving’s proposal to complete Phase I. Per the agreement, the City will pay the contractor directly and receive reimbursement from the donor. Has competitive pricing been obtained for proposed goods/services? No Waiver requested per Administrative Directive 3-5, Section 9.0A – Specially Authorized Waiver (2/3 vote). Below is a summary of the project budget: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvement Fund $0 $199,000 N The cost will be reimbursed in accordance with the agreement approved by the City Council on August 6, 2018. 15 Tuesday, September 4, 2018 City Council Agenda COUNCIL ACTION: Approval to Waive the Competitive Bidding Process and Authorize Phase I of the Waukegan Road Sidewalk Replacement Project to Performance Paving Ltd. in the amount of $199,000. 8.Approval of a Resolution Granting Temporary Easements for the Construction of Stormwater Facilities on the Deerpath Golf Course and Authorizing the Mayor and City Manager to act on behalf of the City of Lake Forest on associated documents STAFF CONTACT, Robert Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: The Public Works Committee requests City Council approval of a resolution and administrative documents granting a temporary construction easement to the Illinois Department of Transportation, to support the construction of two detention basins on the golf course in conjunction with the IDOT pump station replacement project. BACKGROUND/DISCUSSION: City staff has worked with the State over the last five years to coordinate the State project to replace the existing IDOT pump station at Deerpath and Rt. 41. As part of this $10.5M project, a new pump station facility will be constructed on State- owned property at the corner of Ahwahnee Lane and Deerpath. Once completed, the City will assume ownership and maintenance responsibilities for the system. In order to properly control the release of stormwater to the Skokie River, two detention basins will be constructed on the Deerpath Golf Course (DPGC hereafter), one at the hole 17 fairway and another adjacent to hole number 1. A new storm sewer will connect the two basins and will be constructed through the southern part of the DPGC parking lot. A new sewer will exit from the basin adjacent to hole-1 and discharge to the Skokie River to the east. As part of this project, IDOT has added improvements at Deerpath under Rt. 41 (City-owned) to control flooding in the viaduct and to widen Deerpath to accommodate two turn lanes to access Rt. 41. There will be no cost to the City for any of the work associated with this project. IDOT’s current schedule shows the project bid opening in November, 2019 with construction starting in early spring, 2020 and lasting approximately one and a half years. IDOT requires temporary construction easements be granted for any City – owned property that will be disturbed during the construction; maps of the areas can be found on page 104 of the City Council agenda packet. The golf course and any City property impacted by the construction will be completely restored. Specifically with DPGC’s restoration, discussions are now occurring as to whether or not have IDOT restore the disturbed areas or simply provide funds for the City or its contractor to complete full restoration. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 8/28/18 Reviewed and Approved BUDGET/FISCAL IMPACT: N/A 16 Tuesday, September 4, 2018 City Council Agenda The easement documents and resolution can be found on page 108 of your packet. COUNCIL ACTION: Approval of a Resolution Granting Temporary Easements for the Construction of Stormwater Facilities on the Deerpath Golf Course and Authorizing the Mayor and City Manager to act on behalf of the City of Lake Forest on associated documents 9.Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendation from the Building Review Board is presented to the City Council for consideration as part of the Omnibus Agenda. Southeast Corner of McKinley Road and Scott Street - The Building Review Board recommended approval of a new duplex dwelling to be constructed with one residential unit fronting on McKinley Road and the other, fronting on Scott Street. Approval of the preliminary landscape plan is also recommended. The duplex is proposed on the site of a structure that was recently demolished by the new property owner due to its poor condition. One letter in support was presented to the Board from a neighboring property owner. (Board vote: 4-0, approved) The Zoning Board of Appeals also considered this project and recommended approval of variances to allow the duplex to be sited consistent with other homes in the neighborhood as detailed in the following agenda item. The Ordinance approving the petition as recommended by the Building Review Board, with key exhibits attached, is included in the Council packet beginning on page 120. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance in accordance with the Building Review Board’s recommendation. 10.Consideration of Ordinances Approving Recommendations from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendations from the Zoning Board of Appeals are presented to the City Council for consideration as part of the Omnibus Agenda. 525 W. Deerpath – The Zoning Board of Appeals recommended approval of variances from the side and rear yard setbacks to allow construction of an open rear porch and linking element between the garage and the house. No public testimony was presented to the Zoning Board of Appeals on this petition. (Board vote: 5 - 0, approved) 17 Tuesday, September 4, 2018 City Council Agenda 1195 McKinley Road – The Zoning Board of Appeals recommended approval of a variance from the side yard setback to allow the addition of a dormer to improve headroom in the stairway to second floor space. No public testimony was presented to the Zoning Board of Appeals on this petition. (Board vote: 5 - 0, approved) Southeast Corner McKinley Road and Scott Street – The Zoning Board of Appeals recommended approval of variances to allow construction of a duplex dwelling sited consistent with the overall pattern of development in the area. This petition was also considered by the Building Review Board as detailed in the previous agenda item. Testimony was presented by a neighbor expressing concern about the size of the proposed building and impact on the character of Scott Street. The Board noted that the proposed duplex is in compliance with the square footage permitted on the site. One Board member voted in opposition to the petition due to concern about changes to the character of Scott Street. (Board vote: 5 - 1, approved) 370 Ahwahnee Lane – The Zoning Board of Appeals recommends approval of variances from the side and rear yard accessory structure setbacks to allow construction of a detached garage. No public testimony was presented to the Zoning Board of Appeals on this petition. (Board vote: 6-0, approved) The Ordinances approving the petitions as recommended by the Zoning Board of Appeals, with key exhibits attached, are included in the Council packet beginning on page 132. The Ordinances, complete with all exhibits, are available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Zoning Board of Appeals’ recommendations. COUNCIL ACTION: Approval of the ten (10) Omnibus items as presented 6.ORDINANCES 7.NEW BUSINESS 1.Approval of an Intergovernmental Agreement in substantially the form attached hereto Between Rockland Fire Protection District, Village of Libertyville, City of Lake Forest, and the Libertyville Fire Protection District for Fire and Ambulance Service and Authorize the Mayor, City Manager, Attorney and City Clerk to proceed executing the Intergovernmental Agreement PRESENTED BY: Pete Siebert, Fire Chief (810-3864) PURPOSE AND ACTION REQUESTED: At the request of the Rockland Fire Protection District (“District”), The Village of Libertyville (“Village”) and the City of Lake Forest (“City”), submitted a proposal to provide fire and emergency ambulance services to residents and properties within their assigned sectors of the District. The Village and the City will, to the best of their ability and as reasonably and operationally practicable, provide such services on the same 18 Tuesday, September 4, 2018 City Council Agenda basis as each provides these services to residents and properties within their corporate limits, consistent with statutory and regulatory guidelines. BACKGROUND/DISCUSSION: In December, 2017, The Village of Libertyville and the City of Lake Forest submitted a joint proposal to deploy their professional full-time staffs and equipment to provide fire and EMS services to the District. The scope of the proposal included: fire suppression, EMS, fire prevention inspections, and public education. The proposal, and subsequent Intergovernmental Agreement (“IGA”) is the result of a collaborative effort between Lake Forest and Libertyville to put forth a creative and thoughtful proposal that is focused on consolidating fire and EMS services in the area. The proposed IGA will enhance the level of service and reduce operating costs for the residents of the District. (See expense comparison on page 160). The proposed IGA, a copy of which is attached beginning on page 161 is the result of many months of planning and discussion between all the agencies involved. The City provided ambulance service to the Rockland District from 1974 until 2014. In 2014, the District terminated its IGA with Lake Forest and went with Libertyville for ambulance service. The Village of Libertyville also provides fire and ambulance service to the Libertyville Fire Protection District and will service the Rockland District out of a station owned by Libertyville PFD which is why they are a party to the proposed IGA. Fire and Ambulance Services shall be provided by the Village and the City to the District in all areas to be known as D-46 (all areas north of the EJ & E railroad tracks – by Libertyville) and D- 42 (all areas south of the EJ & E railroad tracks – by Lake Forest) during the period of October 1, 2018 through September 30, 2038. The District shall compensate the City and the Village with an “Annual Service Fee” per the following schedule: 1.October 1 2018 to April 30, 2019 - $262,500 (prorated 7/12 of $450,000) 2.May 1, 2019 to April 30, 2020 - $450,000 3.May 1, 2020 to April 30, 2021 - $496,000 4.Every May 1, to April 30, through the end of the Agreement payments will increase as detailed in the agreement. 5.Final payment for May 1, 2038 to September 30, 2038 to be prorated BUDGET/FISCAL IMPACT: The City of Lake Forest will split the annual fee collected from the District equally (50-50) with the Village of Libertyville. Lake Forest will also collect billing revenue for any ambulance transports from the District. The City expects approximately 120 to 150 calls annually to the District under this contract, therefore the City may see a slight increase in overtime cost to maintain minimum staffing. Lake Forest will also look to add more part time (POP) staff, this will affect the part time salary budget. 19 Tuesday, September 4, 2018 City Council Agenda First year estimated revenue/expense 50% of fee collected from the IGA $225,000 Estimated Ambulance billing collections $ 17,500 Estimated Increased Overtime and POP expenses ($155,000) Net revenue $ 87,500 COUNCIL ACTION: Approval of an Intergovernmental Agreement in substantially the form attached hereto Between Rockland Fire Protection District, Village of Libertyville, City of Lake Forest, and the Libertyville Fire Protection District for Fire and Ambulance Service and Authorize the Mayor, City Manager, City Attorney and City Clerk to proceed executing the Intergovernmental Agreement. 8.ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 1.Continued Discussion of “Principles, Conduct and Procedures for Meetings and Activities of the Lake Forest City Council and Staff” PRESENTED BY: Aldermen Jim Preschlack and Jed Morris STAFF CONTACT: Bob Kiely, City Manager (847-810-3675) BACKGROUND/DISCUSSION: A special City Council Workshop Meeting was held on May 21, 2018, to review two newly-drafted documents: 1.Decision-Making Parameters for City Council and Appointed Boards and Commissions; and Principles, Conduct 2.Procedures for Meetings and Activities of the City Council and its Members. At the workshop, an Ad Hoc Committee, co-chaired by Finance Chairman Jed Morris and Third Ward Alderman Jim Preschlack, was established to review comments made at the meeting about the Principles, Conduct and Procedures document, accept further input from the City Council and to revise it accordingly. A first draft of the document was presented at the July 2, 2018 City Council meeting. At that meeting, the City Council determined that the document needed further discussion. On July 23, the City Council held a Special Workshop Meeting to review the new draft document, which contained additional comments provided by City Council members and City Staff, including the City Attorney. The document is intended to memorialize the expectations and guiding principles of City Council members and City staff. They intend to reflect best practices in the City and how healthy, respectful governing and administrative boards operate. A Resolution adopting the Principles, Conduct and Procedures as well as updating rules concerning public comment at meetings is attached beginning on page 173. The latest version of the Principles document, last revised at a meeting of the Ad Hoc Committee on 20 Tuesday, September 4, 2018 City Council Agenda August 13, is attached to the Resolution. The rules concerning public comment at meetings was first adopted in 2011 but have been updated to be consistent with the newly-drafted Principles as well as recent the Illinois Attorney General’s opinions. COUNCIL ACTION: If determined to be appropriate by the City Council, adopt the “Principles, Conduct and Procedures for Meetings and Activities of the Lake Forest City Council and Staff” and “A Resolution Adopting Principles, Conduct and Procedures for Meetings and Activities of the Members of the Lake Forest City Council and Staff and Updating Rules Concerning Public Comment and Participation at Meetings.” 9.ADJOURNMENT A copy of the Decision Making Parameters can be found beginning on page 22 of this packet. Office of the City Manager August 29, 2018 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. 21 ^Qtu^^ C^'NA<WA£BT-<^ ^.Scie^^t^wS^'X. §.. ^..,,.e-..^ f-l&ff"^ THE CITY OF LAKE FOREST DECISION-MAKING PARAMETERS FOR CITY COUNCIL, AND APPOINTED BOARDS & COMMISSIONS Adopted June 18, 2018 The City of Lake Forest Mission Statement: "Be the best-managed, fiscally-responsible and appealing community and promote a community spirit of trust, respect and citizen involvement. " The Lake Forest City Council, with the advice and recommendations of its appointed advisory Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy formulation and approval. Implementation of adopted strategy, policy, budgets, and other directives of Council is the responsibility of City Staff, led by the City Manager and Senior Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should address matters in a timely, deliberate, objective and process-driven manner, making decisions guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes, policies and procedures, and the following parameters: . Motions and votes should comprise what is in the best long-term interests of all Lake Forest citizens, measured in decades, being mindful of proven precedents and new precedents that may be created. . All points of view should be listened to and considered in making decisions with the long-term benefit to Lake Forest's general public welfare being the highest priority. . Fundmg decisions should support effectiveness and economy in providing services and programs, while mindful of the number ofcidzens benefittmg from such expenditures. . New initiatives should be quantified, qualified, and evaluated for their long-tenn merit and overall fiscal unpact and other consequences to the community. . Decision makers should be proactive and timely in addressing sto-ategic planning initiatives, external forces not under control of the City, and other opportunities and challenges to the community. Community trust in, and support of, government is fostered by maintaining the integrity of these decision-making parameters. The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an annual basis and shall be included on all agendas of the City Council and Boards and Commissions. 22 ^.°E,L^^^ W^WAEET ^ ^ SCIETSTIA</^O^ 's s- ^ \\ ^b^^< J^'' ~^?E?^' RESOLUTION OF APPRECIATION WHEREAS, ROBERT W. WOLFF has been a dedicated employee of The City of Lake Forest since June 3, 2002 as Maintenance Worker/Refuse collector; and WHEREAS, ROBERT W. WOLFF will honorably retire from the City on September 6, 2018;and WHEREAS, ROBERT W. WOLFF has used his 41 years of knowledge in the sanitation field to educate and help keep his fellow employees safe from the many different hazards of refuse collection; and WHEREAS, ROBERT W. WOLFF on multiple occasions has come to the aid of residents that he had found in need of emergency medical attention; and WHEREAS, ROBERT W. WOLFF could always be counted on to serve the residents with a smile while, on route or managing the Compost & Recycling Center; and WHEREAS, ROBERT W. WOLFF has been a dependable and dedicated employee, who took great pride and care in the service that he provided to the residents, the quantity of work he contributed and the exceptional care of equipment that he was assigned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST that the Council, on behalf of the administration and residents of the community, hereby expresses its appreciation and gratitude to ROBERT W. WOLFF for a public service faithfully performed; and BE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyed to BOB, with a copy to be included in the official minutes of the September 4, 2018 meeting of the Lake Forest City Council. Mayor 23 First Name: Last Name: E-mail: Title: Organization: Address: Address Line 2: City: State: Zip: Mobile Phone: Home Phone: Contact Info Stephen Douglass sdouglass@greencourtepartners.com Managing Director 460 Washington Road Lake Forest IL 60045 (312) 925-6422 (847)615-0236 Notes: Resident Data/Stats Ward: Precinct: US Citizen; Registered Voter: Lake Forest Resident since(YYYY): Business Name: Type of Business: Business Phone: Yes Yes 1988 (312) 966-3810 Position: Date of Birth (Optional): Education: Bachelor of Arts: Williams College Master in Architecture: Harvard University Graduate School of Design Master in Business Administration: Harvard Business School Spouse's Name: Laura Children's Birth Years: 1989,1994. 1994 Volunteer List | Lake Forest Caucus | Stephen Douglass Interest in Community Positions Mayor: Alderman: #67 School Boa rd: #115 School Board: Caucus Committee: Audit Committee; Board of Fire & Police Commissioners: Building Review Board (BRB): Cemetery Commission: Committee Representing Our Young Adults (CROYA): Construction Codes Commission: Etawa Farm Commission: Fireman's Pension Fund - Board of Trustees: Gorton Community Center Board of Directors: No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time Historic Preservation Commission: Legal Committee: Library Board: Park & Recreation Board: Planning Commission Labels: Police Pension Fund - Board of Trustees: Senior Resources Commission: Zoning Board of Appeals (ZBA): Other Positions: I currently hold this office /1 have held this office in the past No Interest at this time No Interest at this time No Interest at this time I am currently applying/ Consider me for this position in the future No Interest at this time No Interest at this time No Interest at this time Other Considerations Please list any regular commitments or travel that would interfere with your attendance at scheduled meetings: I anticipate occasionally missing meetings, due to business travel; 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: City of Lake Forest Historic Preservation Commission: 6 years. Commissioner Lake Forest Preservation Foundation Board of Directors: 5 years. Director Forest Park Board of Directors: Director until 2018 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: Career in architecture from 1978 to 1981. Career in real estate investment since 1988, including asset management, due diligence, development and construction. References (Optional): George Pandaleon Kent Novit Guy Berg Please state briefly why you are volunteering to serve The City of Lake Forest: I recognize that Lake Forest's historic neighborhoods, commercial areas, parks and recreation areas would not be what they are today, had the City not put in place and enforced the various ordinances that govern historic preservation, zoning and planning. I look forward to contributing to this process, especially in the context of the potential upcoming study of the Comprehensive Plan. 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.: https://w\ww.lakeforestcaucus.com/profile/list/user/4611 /24 Volunteer List | Lake Forest Caucus | James Moorhead First Name: Last Name: E-mail: Title: Organization: Address: Address Line 2: City: State: Zip: Mobile Phone: Home Phone: Notes: Contact Info James Moorhead jmoorhead@moorhead-law.com Principal 489 E, Illinois Rd. Lake Forest IL 60045 (773)750-2179 (773)750-2179 My primary interest is the Planning Commission. I do have an interest in serving the community and would be open to considering the Elawa Farm Commission or other opportunities that might be appropriate. Interest in Community Positions Mayor: Alderman: #67 School Board: #115 School Board: Caucus Committee: Audit Committee: Board of Fire & Police Commissioners: No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time Building Review Board (BRB): I am currently applying/ Consider me for this position in the future Cemetery Commission: Committee Representing Our Young Adults (CROYA): Construction Codes Commission: Elawa Farm Commission: Fireman's Pension Fund - Board of Trustees: Gorton Community Center Board of Directors: Historic Preservation Commission: Legal Committee: Library Board: Park & Recreation Board: No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time No Interest at this time Resident Data/Stats Ward: Precinct: US Citizen: Registered Voter: Lake Forest Resident since(YYYY): Business Name: Type of Business: Business Phone: Position: Date of Birth (Optional): Ward 1 Yes Yes 2016 (224)544-5896 Education: Loyola University Chicago Law School. JD 1999 Georgetown University, BA 1994 (English and Classics double major) Loyola Academy, 1990 Spouse's Name: Mary Gould Moorhead Children's Birth Years: 2010, 2012. Planning Commission Labels: I am currently applying/ Consider me for this position in the future Police Pension Fund - Board of Trustees: No Interest at this time Senior Resources Commission: No Interest at this time Zoning Board of Appeals (ZBA): I am currently applying/ Consider me for this position in the future Other Positions: Other Considerations Please list any regular commitments or travel that would interfere with your attendance at scheduled meetings: None. My law firm is located in Lake Forest, and any business travel is minimaL I generally am available for meetings and ancillary work. 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: -Cub Scout Pack 46 Lake Forest, Treasurer (2018-). -Lake Forest/Lake Bluff Chamber of Commerce, Member (2016-Present). -Misericordia Home, Sibs Board Member (2001-2008,2013-2015). -St Simons Island Land Trust, Pro Bono Legal Counsel (2012-2017). -U.S. Olympic Committee Athlete Ombudsman, Pro Bono Counsel (2012-Present). 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: I have practiced commercial real estate law since 1999.1 primarily focus now on leasing matters, but I have worked on zoning, development, purchase/sales, natural resource, and conservation matters. I began my career practicing zoning and real estate in Montgomery County, Maryland (under the MNCPPC jurisdiction). I thoroughly enjoy land use matters and the City of Lake Forest References (Optional): I am happy to provide references if you would like them. I would like to let them know first (and do not want to bother them unnecessarily if they are not currently needed), Please state briefly why you are volunteering to serve The City of Lake Forest: The Planning Commission combines my interest in land use and real estate with my interest in the history and culture of Lake Forest This is a special community in which the breadth of real estate matters - from conservation and historic preservation to CBD and TOD development - are all included. https://www.lakeforestcaucus.com/profile/lisVuser/4601/1/225 Volunteer List | Lake Forest Caucus | James Moorhead I would tike an opportunity to give back to such a nice and unique community. The other opportunities about which I have an interest are the BRB and the ZBA. 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.: I am a commercial real estate lawyer. Most of my work involves representing companies in commercial retail, office, and warehouse/industrial leases. To the extent any client had a matter in front of the City, we would have to take the necessary measures to avoid a conflict https://www.lakeforestcaucus.com/profile/list/user/4601/2/226 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 DRAFT 8.29.18 399594_1 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKE FOREST AND THE CITY OF HIGHWOOD REGARDING SHARED WATER PLANT OPERATIONAL SERVICES This INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this _____ day of ___________, 2018, by and between THE CITY OF LAKE FOREST, an Illinois home-rule municipal corporation (“Lake Forest”) and the CITY OF HIGHWOOD, an Illinois municipality (“Highwood”). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to Lake Forest’s home rule powers and Lake Forest and Highwood’s statutory and constitutional powers, the parties agree as follows: SECTION 1. RECITALS. A. Article VII, Section 10 of the 1970 Constitution of the State of Illinois provides that units of local government may contract among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance. B. The Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et. seq. provides additional powers to units of local government that work together. C. Lake Forest employs personnel to operate its water plant and associated facilities. D. Highwood is in need of assistance with the operation of Highwood’s water plant and associated facilities. E. Lake Forest has agreed to provide water plant operational personnel services to Highwood under the terms and conditions of this Agreement. F. The City Councils of both Lake Forest and Highwood have determined that it is in the best interests of both communities to enter in to the terms of this Intergovernmental Agreement. SECTION 2. TERM OF AGREEMENT. The initial term of this Agreement is three years from the effective date, as defined in section 7.E of this Agreement. This Agreement may be extended for two additional terms of one year each upon agreement of the parties in writing at least 30 days prior to the expiration of the term of this Agreement or any extended term. SECTION 3. SERVICES. Lake Forest agrees to provide personnel to assist with the operations of Highwood’s water plant and associated facilities (e.g., the elevated storage tank system), in compliance with the IEPA and USEPA regulations, subject to the availability of such personnel and the safe and necessary operation of Lake Forest’s own water facilities which remains a priority for Lake Forest (“Services.”). The Services are limited solely to the following: A. Assist with the operations of the Highwood water plant on Fridays and Saturdays for the number of hours necessary to fill and monitor the water tower, examine logs, complete any necessary reports, make minor repairs, and generally assist in plant operations and maintenance. 87 DRAFT 8.29.18 399594_1 2 B. Provide on-call services to assist the Highwood water plant operator with scheduled tasks that require two individuals, which may require scheduling on days other than Friday or Saturday. SECTION 4. PAYMENT FOR SERVICES. In consideration for Lake Forest providing the Services, Highwood will pay to Lake Forest $80.00 per hour of Services provided to Highwood. This rate will be adjusted on May 1st of each year in an amount equal to the compensation adjustment percentage approved in Lake Forest’s annual budget. Lake Forest will send invoices to Highwood on a monthly basis, and payment must be received within 30 days of the invoice and is subject to the Local Government Prompt Payment Act. SECTION 5. INDEPENDENT CONTRACTOR. Lake Forest employees are being retained by Highwood hereunder only for the purposes and to the extent set forth in this Agreement, and their relation to Highwood shall, during the term of this Agreement and period of its services hereunder, be that of an independent contractor. The Lake Forest employees shall not be considered as having employee status, nor shall Highwood withhold any sums for the payment of income taxes, or FICA taxes, nor shall the Lake Forest employees be entitled to participate in any plans, arrangements, or distributions by Highwood pertaining to or in connection with any pension or retirement plans, or any other benefits for the regular employees of Highwood. SECTION 6. WAIVER OF CLAIMS. Highwood waives any claims for losses, damages, liability, penalties, fines, and expenses (including attorneys’ fees) against Lake Forest and its employees, officials, and officers that relate to the performance of the Services, except to the extent that the claims were the result of the willful and wanton conduct of Lake Forest or one of its employees. This waiver does not waive any lawful immunities available to the parties or their employees, officials, and officers, and the parties intend to preserve all lawful immunities available to them and their employees, officials, and officers. SECTION 7. INDEMNIFICATION. A. As a material inducement for Highwood to enter into this Agreement, Lake Forest agrees to defend, indemnify and hold harmless Highwood, its representatives, officers, trustees, agents, and employees from and against any and all claims, actions, suits, damages, costs, expenses and liabilities, including the reasonable fees and expenses of their attorneys, expert witnesses and consultants, court costs and fines, asserted against them or sought to be imposed upon them, individually, jointly or severally, and which arise directly or indirectly out of or in connection in any way with Lake Forest’s performance of the terms of this Agreement, except to the extent that those claims, actions, suits, damages, costs, expenses and liabilities arise from the sole negligence of Highwood, its representatives, officers, trustees, agents and employees The scope of Lake Forest’s indemnification shall include, but is not limited to: 1. Any negligent, tortious or wrongful act or omission of Lake Forest, its officers, agents, employees, contractors or subcontractors, resulting in personal injury, bodily injury, sickness or death to any person, loss or damage of any kind to property or any person, including Highwood’s officers, agents, employees, licensees and invitees, or damage to or loss 88 DRAFT 8.29.18 399594_1 3 of other intangible property rights or personal rights, including but not limited to libel, slander and invasion of privacy; and 2. Loss or damage of any kind resulting from Lake Forest’s or its employees’ failure to comply with any provision of this Agreement, or of any federal, state or local law or regulation applicable to Lake Forest and its employees. B. As a material inducement for Lake Forest to enter into this Agreement, Highwood agrees to defend, indemnify and hold harmless Lake Forest, its representatives, officers, trustees, agents, and employees from and against any and all claims, actions, suits, damages, costs, expenses and liabilities, including the reasonable fees and expenses of their attorneys, expert witnesses and consultants, court costs and fines, asserted against them or sought to be imposed upon them, individually, jointly or severally, and which arise directly or indirectly out of or in connection in any way Highwood’s performance of the terms of this Agreement, except to the extent that those claims, actions, suits, damages, costs, expenses and liabilities arise from the sole negligence of Lake Forest, its representatives, officers, trustees, agents and employees The scope of Highwood’s indemnification shall include, but is not limited to: 1. Any negligent, tortious or wrongful act or omission of Highwood, its officers, agents, employees, contractors or subcontractors, resulting in personal injury, bodily injury, sickness or death to any person, loss or damage of any kind to the property or any person, including Lake Forest’s officers, agents, employees, licensees and invitees, or damage to or loss of other intangible property rights or personal rights, including but not limited to libel, slander and invasion of privacy; and 2. Loss or damage of any kind resulting from Highwood or its employees’ failure to comply with any provision of this Agreement, or of any federal, state or local law or regulation applicable to Highwood and its employees. SECTION 8. INSURANCE. A. Lake Forest shall not commence work under this Agreement until both Lake Forest and Highwood have obtained or show proof of all insurance required herein and such insurance has been approved by each party. B. Lake Forest and Highwood shall furnish a copy of insurance certificates to one another, with each respective City named as additional insureds on a primary non-contributory basis, showing the below minimum coverage from an insurance company acceptable to each City. The Policies will contain waiver of subrogation clauses in favor of the certificate holder. Coverage for each category will be placed with an insurance company licensed to conduct business in the State of Illinois and be rated at least A -VI by A.M. Best Company. . 89 DRAFT 8.29.18 399594_1 4 1. Commercial General Liability Coverage Limits: Each Occurrence $1,000,000 General Aggregate $2,000,000 Completed Operations Aggregate $2,000,000 Personal and Advertising $1,000,000 2. Commercial Automobile Liability Coverage Limits: Each Occurrence $1,000,000 3. Workers Compensation coverage Limits: Coverage A Statutory Coverage B $1,000,000 4. Umbrella Liability Coverage Limits: Each Occurrence $4,000,000 Aggregate $4,000,000 C. The aforementioned insurance requirements shall be fulfilled by each City by maintaining insurance policies which name the other City and all of its officers, agents, employees, attorneys, volunteers, representatives and assigns as additional insureds. Each City shall furnish to the other City satisfactory proof of coverage by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies. Said certificates shall contain a clause to the effect that, for the duration of the Agreement, the insurance policy shall be canceled, expired or changed so as to the amount of coverage only after written notification thirty (30) days in advance has been given the certificate holder. SECTION 9. TERMINATION. Either party may terminate this Agreement for any reason upon 180 days written notice to the other party. Notwithstanding notice of such termination, Highwood will remain responsible for payment to Lake Forest for all fees due to Lake Forest for Services provided through and including the effective date of termination. In addition, Lake Forest has the right to terminate this Agreement for cause by written notice to Highwood in the event of Highwood’s failure to comply with the provisions of Section 4 relating to payment for billed Services. SECTION 10. GENERAL PROVISIONS. A. Notice. Any notice or communication required or permitted to be given under this Agreement must be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, or (iv) by email to the following: To Lake Forest: City Manager The City of Lake Forest 220 East Deerpath Lake Forest, IL 60045 90 DRAFT 8.29.18 399594_1 5 Email: KielyR@cityoflakeforest.com To Highwood: City Manager City of Highwood 17 Highwood Ave. Highwood, IL 60040 Email: scoren@cityofhighwood.org B. Governing Law. This Agreement is governed by, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. C. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes any and all prior agreements and negotiations between the parties, whether written or oral, relating to the subject matter of this Agreement. D. Amendment and Modifications. No amendment or modification to this Agreement shall be effective until reduced to writing and approved and executed by all parties to this Agreement in accordance with all applicable statutory procedures. E. Effective Date. It is understood that this Agreement shall be effective after adoption by the respective City Councils of both parties of a resolution authorizing the execution of this Agreement and the execution of this Agreement by all parties. IN WITNESS THEREOF, the parties have executed this Agreement on the day and date appearing before their respective signatures. Dated: _____________________, 2018 Dated: _____________________, 2018 THE CITY OF LAKE FOREST CITY OF HIGHWOOD By: ______________________________ By: ______________________________ Its ______________________________ Its _______________________________ Attest: ___________________________ Attest: ___________________________ 4834-9789-7585, v. 1 91 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, August 6, 2018 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order at 6:31pm, and the City Clerk, Margaret Boyer called the roll of Council members. Present: Honorable Mayor Lansing, Alderman Beidler, Alderman Morris, Alderman Newman, Alderman Rummel, Alderman Reisenberg, Alderman Preschlack, Alderman Moreno and Alderman Buschmann. Absent: None. There were approximately 50 persons present in the Council Chamber. CALL TO ORDER AND ROLL CALL 6:30 pm Mayor Lansing called the meeting to order 6:31pm PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Resolution of Appreciation for IT Business Analyst Diane Horn Mayor Lansing read the resolution of appreciation and presented it to Diane Horn, photos were taken. COUNCIL ACTION: Approval of the Resolution of Appreciation Alderman Beidler made a motion to approve the resolution of appreciation, seconded by Alderman Buschmann. Motion carried unanimously by voice vote. B. Resolution of Appreciation for Police Officer Robert Heelan Mayor Lansing read the resolution of appreciation and presented it to Robert Heelan, photos were taken. COUNCIL ACTION: Approval of the Resolution of Appreciation Alderman Newman made a motion to approve the resolution of appreciation, seconded by Alderman Preschlack. Motion carried unanimously by voice vote. C. Resolution of Appreciation for Police Officer Edmund Yep Mayor Lansing read the resolution of appreciation and presented it to Edmund Yep, photos were taken. COUNCIL ACTION: Approval of the Resolution of Appreciation 92 Proceedings of the Monday, August 6, 2018 Regular City Council Meeting Alderman Rummel made a motion to approve the resolution of appreciation, seconded by Alderman Moreno. Motion carried unanimously by voice vote. D. Swear in Police Officer Tabatha Okamoto and Juan Ramirez Mayor Lansing swore in both officers. Officers’ badges were pinned by family members and photos were taken. E. McKinlock Post 264’s 100th Anniversary Proclamation Mayor Lansing read the Proclamation and presented it to Commander Ed Geraghty of American Legion Post #264, also in attendance on behalf of the Legion were Tom Marks and Larry Crohn. Photos were taken. The American Legion thanked The City of Lake Forest and all the residents for all its support. F. 2018-2019 Board and Commission Appointments/Reappointments Mayor Lansing read the following. BOARD OF TRUSTEES- FIREMEN PENSION FUND NAME OF MEMBER APPOINT/REAPPOINT WARD James Carey Reappoint 4 Patrick Lindemann Reappoint 1 CROYA NAME OF MEMBER APPOINT/REAPPOINT WARD Stephanie Mannarino Appoint 2 COUNCIL ACTION: Approve the Mayors Appointments and Reappointments Alderman Reisenberg made a motion to approve the Mayors appointment, seconded by Alderman Morris. Motion carried unanimously by voice vote. COMMENTS BY CITY MANAGER A. Home For Dinner Program Report -Andrew Pollom, Associate Dean of Students, Lake Forest College City Manager Robert Kiely Introduced Mr. Pollom. Mr. Pollom briefed the City Council on the Home for Dinner program. The City Council had discussion on the programs’ personal experiences and success. B. ComEd Annual Report - Carlos Cavallaro, External Affairs Manager, ComEd City Manager Robert Kiely Introduced Mr. Cavallaro. Mr. Cavallaro reported that James Dudek has retired and The City of Lake Forest’s new External Affairs Manager will be Calandra Davis. Mr. Cavallaro gave an overview of the annual report that included highlighting reliability performance, areas of improvement and 93 Proceedings of the Monday, August 6, 2018 Regular City Council Meeting performance results. The City Council had discussion on smart meters, pending issues, solar possibilities and infrastructure inspections. COMMITTEE REPORTS OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS The following offered their opinions to the City Council: Tom Sarsfield- Metra letter and Third Rail Lynda Remensnyder- Third Rail and Resolution of support for Glenview Larry Remensnyder- Third Rail and Foxconn in Wisconsin ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the July 16, 2018 City Council Meeting Minutes 2. Approval of the July 23, 2018 City Council Workshop Meeting Minutes 3. Approval of an Amendment to the Lake Forest City Council Meeting Schedule to include the date of December 17, 2018 4. Approval of the Check Register for the Period of July 7 – 20, 2018 5. Award of Contract for Thermoplastic Lane Marking 6. Consideration of a Resolution Ratifying the Denial of a Special Use Permit for a Car Wash, Gas Station and Associated Convenience Store on the Southeast Corner of Waukegan and Everett Roads, 1015-1045 S. Waukegan Road. (Approval by Motion) 7. Ratification of an Emergency Sanitary and Storm Sewer Repair Contract and Award of Bid as a Specialty Waiver for Gabion Revetment with DiMeo Brothers Construction in a Ravine near Thorne Lane and Sheridan Road COUNCIL ACTION: Approval of the seven (7) Omnibus items as presented Mayor Lansing asked members of the Council if they would like to remove any item or take it separately. The City Council had discussion on items # 1, #6, and #7. Mayor Lansing again asked members of the Council if they would like to remove any item or take it separately. Seeing none, Mayor Lansing asked for a motion to approve the seven (7) Omnibus items with a scrivener’s error in #1 and an addition to #6 of “H -Resolution new paragraph”. Alderman Rummel made a motion to approve the seven (7) Omnibus items as amended, seconded by Alderman Beidler. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Reisenberg, Preschlack, 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 94 Proceedings of the Monday, August 6, 2018 Regular City Council Meeting 1. Consideration of an Ordinance Establishing the Legal Committee City Manager Robert Kiely reported the history of the Committee since 2005 and its main purpose of providing the City Council with advice and counsel on pending and threatened litigation. At that time of creation, no member of the City Council was a practicing attorney and the City was involved with multiple lawsuits. He reported that the Legal Committee is comprised of five residents who are attorneys along with the Mayor and an Alderman who is liaison to the Committee. For the past seventeen months the Legal Committee has been working on an ordinance which would officially codify its role and responsibilities in the City Code. The City Council had discussion on the recent activities of the Legal Committee that included Chase Bank the City’s Ethics Ordinance and its relationship to the City Council. City Manager Kiely reported that since 2005, the Legal Committee has met quarterly to review and discuss matters of litigation as well as other issues assigned to them by the Council. Mayor Lansing thanked the Committee for their work. Mayor Lansing asked if there was anyone from the public who would like to comment. Seeing none he asked for a motion. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading of an Ordinance Establishing the Legal Committee and grant final approval. Alderman Buschmann made a motion to waive first reading of an Ordinance Establishing the Legal Committee and grant final approval, seconded by Alderman Morris. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Reisenberg, Preschlack, Moreno and Buschmann. The following voted “Nay”: None. 8- Ayes, 0 Nays, motion carried. 2. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of Licenses available in Class C-1 and C-3. (First reading and if appropriate final approval) Julie Tappendorf, City Attorney stated that at the direction of the City’s Liquor Commissioner, Staff is requesting consideration of an Ordinance amending the Liquor Code to include one additional Class C-1 and one additional C-3 License. The City Council had discussion on the type of restaurant, occupancy and how long liquor can be served. The owners of the new restaurant reported it will be a sports bar serving American fare. Mayor Lansing asked if there was anyone from the public who would like to comment. Seeing none he asked for a motion. COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of Licenses available in Class C-1 and C-3. (First reading and if appropriate final approval) Alderman Reisenberg made a motion to approve an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of Licenses available in Class C-1 and C-3, seconded by Alderman Newman. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Reisenberg, Preschlack, Moreno and Buschmann. The following voted “Nay”: None. 8- Ayes, 0 Nays, motion carried. 95 Proceedings of the Monday, August 6, 2018 Regular City Council Meeting NEW BUSINESS 1. Request for City Council Approval of an Agreement to Provide Engineering Design for the portion of the Waukegan Road Sidewalk Replacement Project between Middlefork Drive and Deerpath along with a new Donor Agreement covering the additional sidewalk. (Phase 2) Robert Kiely, City Manager reported on March 19, 2018, the City Council approved a contract with Gewalt- Hamilton Associates in the amount of $39,880.00 to provide design services for the portion of this project from Rt. 176 to Middlefork Drive. A resident offered to pay for the construction work, estimated at $360,000, if the City pays for the required engineering design. That engineering design is complete and an application for an IDOT highway permit was submitted on June 15, 2018. Staff anticipates the permit will be issued in September and the work will be completed by the end of October. The City Manager reported that the same resident has now offered to fund the remaining sidewalk reconstruction, from Middlefork Drive to Deerpath, if the City again procures the engineering design services. Because the design/permitting process is expected to take approximately five months, staff anticipates this second phase of sidewalk reconstruction project to begin in the spring of 2019. City Manager Kiely stated that the original Donor agreement will be replaced by the new agreement. This revised agreement is essentially identical to the previous version with the inclusion of the additional work and increased donation. The City Council had discussion on approval of last minute details, sequence of payments, and approval from IDOT. City Manager Bob Kiley reported that the Public Works Committee will be looking at proposed sanitary sewer installation prior to the install of the new sidewalk. Mayor Lansing thanked the donor on behalf of the City Council. Mayor Lansing asked if there was anyone from the public who would like to comment. Seeing none he asked for a motion. COUNCIL ACTION: Approval of Staff recommendation to City Council to waive competitive pricing procedures under Administrative Directive 3-5, Section 9.0K – Existing Relationship, AND Approve an agreement with Gewalt-Hamilton to provide engineering design services for the remaining portion of the Waukegan Road Sidewalk Replacement Project between Middlefork Drive and Deerpath in an amount not to exceed $22,300. Additionally, staff requests that the Council authorize the City Manager to execute the revised Donor Agreement between the City and the project donor. Alderman Reisenberg made a motion to waive competitive pricing procedures under Administrative Directive 3-5, Section 9.0K – Existing Relationship, AND Approve an agreement with Gewalt-Hamilton to provide engineering design services for the remaining portion of the Waukegan Road Sidewalk Replacement Project between Middlefork Drive and Deerpath in an amount not to exceed $22,300. And authorize the City Manager to execute the revised Donor Agreement between the City and the project donor, seconded by Alderman Rummel. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Reisenberg, Preschlack, Moreno and Buschmann. The following voted “Nay”: None. 8- Ayes, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS 1. Approval of a Resolution in Support of Senate Resolution 1746 96 Proceedings of the Monday, August 6, 2018 Regular City Council Meeting The City Council had a lengthy discussion on the timeliness and impact of this item relating to the release of the Environmental Assessment. It was suggested to table this item until the Environmental Assessment is released. Mayor Lansing asked if there was anyone from the public who would like to comment. Dennis Meulemans offered his opinion to the City Council on this item relating to a WisDOT FOIA and the Metra Letter. Mayor Lansing asked if there was anyone from the public who would like to comment. Seeing none he asked for a motion to table this item. COUNCIL ACTION: Approval of the original Resolution in Support of Senate Resolution 1746 or Approval of the Resolution in Support of Senate Resolution that include Alderman Buschmann’s amendments. Alderman Newman made a motion to table this item, seconded by Alderman Reisenberg. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Reisenberg, and Preschlack. The following voted “Nay”: Alderman Moreno and Buschmann. 6- Ayes, 2 Nays, motion carried. ADJOURNMENT There being no further business Mayor Lansing asked for a motion. Alderman Newman made a motion to adjourn, seconded by Alderman. Motion carried unanimously by voice vote at 8:38pm 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. 97 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2018-___ AN ORDINANCE AUTHORIZING THE ELAWA FARM SPOOKTACULAR EVENT WHEREAS, The City of Lake Forest (the “City”) is a home rule, special charter municipal corporation; and WHEREAS, the City is the owner of a certain tract of land commonly referred to as “Elawa Farm”; and WHEREAS, Elawa Farm is located in the City’s R-5 Zoning District, which is primarily for use as detached single-family residences; and WHEREAS, because Elawa Farm represented an historically significant example of a 20th Century “Gentleman’s Farm,” the City desired to use Elawa Farm for classes, tours, programs, and special events for public use that preserved historic elements of Elawa Farm (the “Elawa Uses”); and WHEREAS, the City sought and obtained a special use permit in 2010 for the operation of the Elawa Uses at Elawa Farm (the “SUP Ordinance”); and WHEREAS, in 2014 the City entered into an Operating Agreement with the Elawa Foundation, an Illinois not-for-profit corporation (the “Foundation”), and under the Operating Agreement the Foundation manages the day-to-day operations and activities of Elawa Farm subject to the SUP Ordinance; and WHEREAS, in recognition of the permission to hold special events and fundraising activities at Elawa Farm, the Foundation desires to hold a special event at Elawa Farm as permitted by the SUP Ordinance (the “Spooktacular Event”); and WHEREAS, the Foundation has determined that it is desirable to provide unique event attractions during the Spooktacular Event including a petting zoo and animal rides that will consist of various farm animals (the “Petting Zoo”); and 98 2 WHEREAS, the City Code and SUP Ordinance prohibits the use of farm animals at Elawa Farm; and WHEREAS, because of the unique nature of the Spooktacular Event, the City Council has determined that it is beneficial and desirable for the community to permit the Foundation to conduct a Petting Zoo at the Spooktacular Event, subject to the terms and conditions hereinafter set forth; and WHEREAS, in approving this Ordinance, the City Council is exercising its home rule powers and has determined that the exceptions to the City Code and SUP Ordinance will benefit Elawa Farm and promote the spirit of the Lake Forest community in a manner that will promote the best interests of the City and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO: Exception to the City Code and SUP; Conditions. Notwithstanding Section 91.009 of the City Code and Section 3 of the SUP, the Foundation shall be permitted a one-time, non-precedential authorization to conduct a Petting Zoo at the Spooktacular Event on October 28, 2018, subject to the following terms and conditions: a. Applicability of City Ordinances and Regulations. Except for the capacity limitation provided in City Code Section 91.009, the Foundation shall abide by all City ordinances, regulations, and administrative policies with respect to the Centennial Celebration, including without limitation the securing of a special event permit and special event liquor license from the City, and abiding by all the terms and conditions that the City 99 3 Manager may establish in connection with such special event permit or that the Mayor may establish in connection with the liquor license. b. Logistics Plan. On or before October 1, 2018, the Foundation shall be required to deliver to the City Manager for the Manager’s review and approval a “Logistics Plan” for the Spooktacular Event (or such later date as the City Manager may approve in the Manager’s discretion) in order to proceed with the Spooktacular Event. The Logistics Plan shall address such details and contingencies as the City Manager may determine are necessary or desirable for protecting the guests at the Spooktacular Event and the general public, including without limitation the following: 1. Site Plan. The Logistics Plan shall include a detailed site plan relating to the Event, identifying the location and orientation of all temporary and other facilities, animal corrals or shelters, anticipated animal ride trails or routes, and including without limitation the tents, restrooms, food preparation area(s), liquor service station(s), guest parking and pick-up/drop-off areas, service vehicle standing and parking areas, emergency access areas and routes, staging areas, designated smoking area(s) (if any), areas of prohibited access (including such areas affecting the Wildlife Discovery Center and its exhibits), and circulation patterns for guests and service providers during the Spooktacular Event. 2. Schedule. The Logistics Plan shall include a detailed schedule setting forth the timing and coordination of various activities relating to the set- up, conduct, and take-down for the Spooktacular Event. The schedule shall include dates for obtaining of all permits and approvals, deliveries, set-up activities, inspections relating to all temporary facilities, take- down activities, and such other matters that the City Manager may require. 3. Specifications for Animal Corrals and Petting Zoo. The Logistics Plan shall provide to the City specifications for any temporary corrals or pens that will be used to hold farm animals during the Event. 4. Certifications or Permits for Farm Animals. The Logistics Plan shall provide copies to the City any certifications or permits for the temporary housing of farm animals, including the quantity and type of animal that will be on display during the Event. 5. Coordination with and Notice to Neighborhood. Because Elawa Farm is located within a residential neighborhood, the Foundation shall set forth as part of the Logistics Plan the plan for coordinating with and notifying the neighborhood residents on the Event. 100 4 c. Compliance with Approved Logistics Plan. The Foundation shall be required to comply with the terms and conditions set forth in the approved Logistics Plan for each and every element of the Logistics Plan. To the extent that the Foundation fails to do so, each such violation shall be deemed a violation of the City Code of the City and shall be punishable by a fine of not more than $750.00 for each such violation. d. Coordination with Wildlife Discovery Center and Lake County Forest Preserve District. Because Elawa Farm shares certain facilities with the Wildlife Discovery Center and the Lake County Forest Preserve District, the Foundation shall coordinate the events relating to the Spooktacular Event (including without limitation set-up and take- down) with the Wildlife Discovery Center and the Lake County Forest Preserve District and demonstrate to the City Manager that the events relating to the Spooktacular Event will not unreasonably interfere with or otherwise violate the obligations of the City with respect to the Wildlife Discovery Center and the Lake County Forest Preserve District. e. Continued Effect. Except for the authorization to conduct the Spooktacular Event with a Petting Zoo on October 28, 2018, all City Ordinances and provisions within the SUP Ordinance shall remain in full force and effect. 101 5 SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2018 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2018 Mayor ATTEST: City Clerk 102 Date 6/20/2018 Name Uline / Randy Copenhan/e Address 12575 Uline Drive City Pleasant Prairie Phone # 847-456-5729 Notes Proposal PERFORMANCE PAVING LTD. 520 W Banner Road Wauconda, IL 60084 847-526-8368 . FAX: 847.526.8218 Email; sales@performancepavingltd.com Date Received State Wl Zip 53158 Fax # Permit # Email rcopenharve@uline.com Work/Home # Job Location Walking Path along Rt 43 from Deerpath to Rt 176 We hDraby submit specification and esHmates for; *PER PRINT - Print to be verified on site*** Walking path along Rt 43 from Rt 176 ending at Middlefork Lane. Asphalt paving of approximately 41,012 SF PERFORIVIANCE PAVING will: .Remove existing asphalt down to existing gravel base (all layers). *Excavate approximately 3,826 SF of poor existing gravel base and remove spoils off site. *Supply 12" of CA-6 gravel in excavation areas. *Power roll gravel using a 5-ton vibratory roller for proper compaction. .Adjust and reseat manholes as needed. *Supply up to 833 tons ofCA-6 gravel afterasphalt removals are performed. *Provide saw cutting as needed where new pavement meets old pavement. *Machine lay 3" of surface coarse asphalt N-50. *Power roll asphalt using a 5-ton vibratory roller for proper compaction followed by a 11/4 ton finish roller. .Exposed edges to be hand tamped at a 45 degree angle. *Provide traffic control as needed. *AII work to be done in a neat and professional manner, "NOTE: Price based on current crude oil pricing. THIS IS A PREVAILING WAGE JOB Prices are subject to change without notice. This Proposal may be withdrawn by us at any time. Customer responsible for any permits and/or fees. PERFORMANCE PAVING LTD is not responsible for any underground damage. Copy of signed proposal and required deposit must be returned to our office before above work can be scheduled. We Propose hereby to furnish malarial and labor - camplete In accordanca with abova spedflcatlons, (or tha sum of: Payment Due UPON COMPLETION All materfal Is guaranteed to ba .s apBcinnd. All work to be completed In a workmanlika manner according to otandard practices. Any alteration or dBvfalion (rom above specincatlonB Involvlnn extra coats will b« executed only upon written order, and will become an extra chatga ovar and above tha Bstlmale. All agreanwnte contingent upon strikes, accidents or delays feeyond our control. Owner to carry fire; tornado and othsr necatsary Insurance. Our workera are fully coverad by Woriunan's CunpensaUon Insurance. In the event of any legal action to callact outatanding debts due, PERFORMANCE PAVING LTD., customar agrees to aasums the full amount with Interaat o» W,% par month on account* over 30 days, plus the co»l at all legal (BBS. Price $ 199,000.00 Authorized Signature Kevin K nnebeck ACCEPTANCE OF PROPOSAL: The abova pricw, .paclttcaUons and conditions are satisfactoiy and hereby accspted. You are Buthoriaed to do (ho wortt as specmed. Payinsnl will be made as outlined a&ove. Date of Acceptance Signature 103 104 105 106 107 Page 1 of 2 (Rev. 10/12) Owner: City of Lake Forest, a municipal corporation Route: US Route 41 Section: @ Deerpath Road County: Lake Project No.: Job No.: R-91-024-17 Parcel No.: 1MK0004 TE (A+B) P.I.N. No.: 12-32-103-002; -003; -004; 12-32-201-008 CERTIFIED RESOLUTION (Governmental Entity ) I, ___________________________, ___________________________ of City of Lake Forest, a governmental entity organized and existing under the laws of the State of Illinois, do hereby certify that: 1. T he following is a true and correct copy of a resolution adopted by the City Council of said governmental entity, a quorum of its members being present at a meeting held of the _____ day of _______________________, 20___, and 2. T he resolution has not been amended or revoked and is in full force and effect. Resolved that ___________________________, the ___________________________ and ___________________________, the ___________________________ of the above- referenced governmental entity are hereby authorized and directed to convey a temporary construction easement in the following described real estate in Lake County, Illinois to the People of the State of Illinois, Department of Transportation for highway purposes for the sum of no/100 Dollars ($0.00): See attached legal description. Further resolved that they are authorized and directed to execute and deliver such instruments as may be necessary or convenient to consummate the grant of the temporary construction easement. Further resolved that the members of the City Council of the City of Lake Forest, pursuant to 50 ILCS 605/4, voted for the adoption of this resolution as follows: AYE _____ NAY _____ ABSENT _____ 108 Page 2 of 2 (Rev. 10/12) By: ____________________________________ Signature ____________________________________ Print Name and Title State of __________________________ ) ) ss County of _________________________ ) This instrument was acknowledged before me on _________________, 20___, by ____________________________________, as ______________________ of City of Lake Forest. (SEAL) ______________________________________ Notary Public My Commission Expires: _________________ 109 Page 1 of 3 LA 4111A (Rev. 11/07/11) Affidavit of Title Owner: City of Lake Forest, a municipal corporation Address: North of Deerpath Road, East of US 41, Lake Forest, Illinois 60045 Route: US Route 41 Section: @ Deerpath Road County: Lake Project: Job No. R-91-024-17 Parcel No. 1MK0004 TE (A+B) P.I.N. No. 12-32-103-002; -003; -004; 12-32-201-008 State of Illinois ) ) ss. County of Lake ) I, __________________________, ___________________________________, being first duly sworn upon oath states as follows: 1. Affiant has personal knowledge of the facts averred herein. 2. There are no parties other than Grantor in possession of any portion of the premises described in the attached Exhibit “A” through easement, lease, oral or written, or otherwise, whether or not of record. There are no parties other than Grantor and the parties listed below in possession of any portion of the premises described in the attached Exhibit “A” through easement, lease, oral or written, or otherwise, whether or not of record: ______________________________________________________________________________ SEE ATTACHED EXHIBIT “A” 3. This affidavit is made to provide factual representation as a basis for the State of Illinois to accept a document of conveyance for the premises described in said conveyance, the premises being a portion of or all of the above described premises, from the record owners thereof. 4. The affiant has no knowledge of any driveway agreements, encroachments, overlaps, or boundary line disputes involving the premises to be conveyed. 5. The said premises described in Exhibit “A” are: (Check One) Vacant and unimproved Agricultural and unimproved Improved and (A) There have been no improvements made or contracted for on the premises within six (6) months immediately preceding the date of the affidavit, out of which a claim for a mechanics’ lien could accrue or has accrued, and (B) To the best of my knowledge all improvements now on the premises comply with all local building and zoning ordinances. 110 Page 2 of 3 LA 4111A (Rev. 11/07/11) 6. The affiant has no knowledge of any unrecorded easements or leases over, under, upon or across the premises to be conveyed. The affiant has no knowledge of any unrecorded easements over or leases, under, upon or across the premises to be conveyed other than: ______________________________________________ ______________________________________________________________________________. 7. There are no chattel mortgages, conditional sales contracts or financing statements existing on or in connection with the premises to be conveyed which are not shown by the public records. 8. There are no taxes or special assessments which are not shown as existing liens by the public records involving the premises described in Exhibit A. 9. The identities of all owners and beneficiaries having an interest in the premise to be conveyed are as follows (check applicable box(es) and complete information requested): Individual. Individual owner of the property is: Nonprofit Organization. There is no individual or other organization receiving distributable income from the organization. Public Organization, including units of local government. There is no individual or other organization receiving distributable income from the organization. Publicly-Traded Corporation. There is no readily known shareholder having more than 7-1/2% of the total distribution income of the corporation. Corporation, Partnership, Limited Liability Company. Those entitled to receive more than 7- 1/2% of the total distributable income of said entity are as follows: Name Address *1. 2. 3. 4. ☐ Land Trust or Declaration of Trust. The identity of each beneficiary of Grantor Trust is as follows: Name Address *1. 2. 3. 4. * IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN FURTHER DISCLOSURES SHOULD BE PROVIDED UNTIL THE NAMES OF INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE DISCLOSED. 111 Page 3 of 3 LA 4111A (Rev. 11/07/11) Dated this _____ day of _______________, 20____. By: ___________________________________ Print Name and Title if applicable State of ______________________ ) ) ss. County of _____________________ ) This instrument was acknowledged before me on __________________, 20____, by _______________________________. (SEAL) ___________________________________________ Notary Public My Commission Expires: _______________________ NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON BEHALF OF THE RECORD OWNER(S) BY ANY ONE OF THE RECORD OWNERS, OFFICERS, MANAGERS, PARTNERS, OR TRUSTEES HAVING KNOWLEDGE OF THE FACTS IN THIS AFFIDAVIT. 112 113 114 I recognize my right to an appraisal and compensation in the full amount of the approved appraisal. However, I wish to donate the necessary right of way. City of Lake Forest ___________________________________ Signature _____________________________________ Print Name & Title 115 Statement of Compliance with the Public Officers Prohibited Activities Act (50 ILCS 105/3.1) CHECK ONE Grantor has not received and will not receive a non-monetary benefit from the Illinois Department of Transportation (for example, an added improvement, re-built or relocated improvement or any other valuable service) in exchange for the donation of this parcel. OR Grantor has received or will receive a non-monetary benefit from the Illinois Department of Transportation in exchange for the donation of this parcel. To comply with 50 ILCS 105/3.1, Grantor shall disclose, in writing, all owners, beneficiaries, etc. of this parcel. City of Lake Forest ___________________________________ Signature ___________________________________ Print Name & Title Confirmed: Illinois Department of Transportation Representative ____________________________________ By: ________________________________ ____________________________________ Date 116 Page 1 of 1 (Rev. 09/11) Receipt for Donation Owner: City of Lake Forest Job No.: R-91-024-17 Parcel No.: 1MK0004 TE (A+B) The People of the State of Illinois, Department of Transportation (Grantee) acknowledges receipt of Donation of a temporary construction easement covering 7.207/313,937 acres/square feet dated _______________, 20___, in Lake County, State of Illinois, and executed by the undersigned Grantor for the parcel referenced above. Grantor and Grantee agree as follows: 1. All improvements located, wholly or partially, on the parcel being conveyed shall become the property of the State of Illinois, unless provided as follows: NONE 2. Grantor and Grantee agree that the grant of the temporary easement rights to Grantee occurs when approved by Grantee in accordance with Section 9.02 of the Illinois State Finance Act. The Grantor agrees to protect, preserve and maintain the property and improvements. 3. This Receipt and temporary construction easement conveyance documents are the entire and exclusive agreement between the parties and supersede any written or oral understanding promise or agreement, directly or indirectly related to the donation of the parcel and improvements. The parties agree that any changes to this Receipt may only be made in writing and signed by the parties. City of Lake Forest By: ______________________________________ Signature ______________________________________ Print Name and Title Receipt of the donation of the temporary construction easement executed by this Grantor is acknowledged. Date for Illinois Department of Transportation 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 FY15A FY16A FY17A FY18 Est FY19 Est FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 Status Quo 847,885 626,077 615,073 583,789 740,450 755,259 770,364 785,771 801,487 817,517 833,867 850,544 777,555 793,106 808,968 Proposed IGA 847,885 626,077 615,073 583,789 669,975 594,000 640,000 654,880 670,206 685,993 702,252 719,000 646,250 664,017 682,318 Cumulative Savings 70,475 231,734 362,098 492,990 624,270 755,794 887,409 1,018,953 1,150,258 1,279,347 1,405,998 Notes: Status Quo FY19 Estimate - Rockland Fire Protection District approved FY19 Budget Proposed IGA FY19 Estimate - 50% of budget; proposed 6-month IGA effective 10/1/18; full year's budget for Trustee Compensation and Note Payment Status Quo FY20-FY29 - 2% annual increase over FY19 budget; $90k reduction in FY27 due to loan paid off Proposed IGA FY20-29 - As proposed for FY20 and FY21; 3% increase annual assumed for FY22-29 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 FY15A FY16A FY17A FY18 Est FY19 Est FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27 FY28 FY29 Rockland Fire Protection District -Expense Comparison Status Quo Proposed IGA 160 Ancel Glink Changes 8.28.18 {00018601 4} Page 1 of 12 ROCKLAND FIRE PROTECTION DISTRICT – VILLAGE OF LIBERTYVILLE – CITY OF LAKE FOREST - LIBERTYVILLE FIRE PROTECTION DISTRICT FIRE AND AMBULANCE SERVICE INTERGOVERNMENTAL AGREEMENT This agreement ("Agreement") is entered into the ____ day of _____________, 2018 by and between the Rockland Fire Protection District, a unit of local government in Lake County, Illinois (the "District"), the Village of Libertyville, a municipal corporation in Lake County, Illinois (the "Village"), The City of Lake Forest, a home rule municipal corporation in Lake County, Illinois ( the “City”), and the Libertyville Fire Protection District, a unit of local government in Lake County, Illinois (the “LFPD”). WITNESSETH: WHEREAS, the District is organized and operates pursuant to the laws of the State of Illinois, including but not limited to the Fire Protection District Act (the “Act,” 70 ILCS 705/0.01 et seq.); and WHEREAS, Section 6(a) of the Act (70 ILCS 705/6(a)) provides that the District’s Board of Trustees (“District Board”) is the corporate authority for the District; and WHEREAS, Section 6(i) of the Act (70 ILCS 705/6(i)) provides that the District Board has full power to pass all necessary ordinances, and rules and regulations for the proper management and conduct of the business of the District Board for carrying into effect the objects for which the District was formed; and WHEREAS, Section 11 of the Act (70 ILCS 705/11) provides that the District Board has the power and it is its legal duty and obligation to provide as nearly adequate protection from fire for all persons and property within the District as possible and to prescribe necessary regulations for the prevention and control of fire therein; and WHEREAS, Section 11 of the Act (70 ILCS 705/11) further provides that the District may provide and maintain life-saving and rescue equipment, services and facilities, including an emergency ambulance service, and has the power to adopt and enforce fire prevention codes and standards parallel to national standards; and WHEREAS, Section 11a of the Act (70 ILCS 705/11a) provides that the District Board may contract with any city, village, incorporated town, or organized fire protection district lying adjacent to the District for fire protection service; and WHEREAS, the District is authorized to provide and provides fire and emergency ambulance services to residents and properties within the District (70 ILCS 705/22); and WHEREAS, Section 22 of the Act (70 ILCS 705/22) further provides that the District Board may contract with providers of ambulance service or combine with other units of governments for the purpose of providing ambulance service; and 161 Ancel Glink Changes 8.28.18 {00018601 4} Page 2 of 12 WHEREAS, pursuant to an intergovernmental agreement between the Village and the District, the Village currently provides emergency ambulance services to the District; and WHEREAS, the Village and the City are organized and operate pursuant to the laws of the State of Illinois, including but not limited to the Illinois Municipal Code (the “Code,” 65 ILCS 5/1-1-1 et seq.); and WHEREAS, the City is a home rule municipality under Article VII, Section 6(a) of the Illinois Constitution and, pursuant to Section 3 of the Intergovernmental Cooperation Act, may exercise its home rule powers, privileges, functions and authority jointly with other units of government; and WHEREAS, Section 11-6-1 of the Code (65 ILCS 5/11-6-1) provides that the Village and the City may provide and operate fire stations, and all material and equipment that is needed for the prevention and extinguishment of fires, and may enter into contracts or agreements with other municipalities and fire protection districts for mutual aid consisting of furnishing equipment and staffing from and to such other municipalities and fire protection districts; and WHEREAS, the Village and the City are authorized and respectively provide fire and emergency ambulance services to residents and properties within their respective corporate boundaries, as well as to properties beyond their corporate limits by contract and agreement; (See, inter alia, 65 ILCS 5/11-6-2; 65 ILCS 5/11-5-7, and 65 ILCS 5/11-5-7.2); and WHEREAS, LFPD is organized and operates pursuant to the laws of the State of Illinois, including but not limited to the Act, and its Board of Trustees (the “LFPD Board”) is the corporate authority for the LFPD; and WHEREAS, Section 6(i) of the Act (70 ILCS 705/6(i)) provides that the LFPD Board has full power to pass all necessary ordinances, and rules and regulations for the proper management and conduct of the business of the LFPD Board for carrying into effect the objects for which the LFPD was formed; and WHEREAS, pursuant to an intergovernmental agreement between the Village and LFPD, the Village provides certain ambulance services from a station owned by the LFPD and located on Atkinson Road (the “LFPD Station”); and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government “to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance”; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/3, provides that any power or powers, privilege, or authority exercised or which may be exercised by public agency may be exercised and enjoyed jointly with any other public agency of the State; and WHEREAS, the District, the Village, the City, and LFPD are units of local government and public agencies as defined by the Illinois Constitution and statute; and 162 Ancel Glink Changes 8.28.18 {00018601 4} Page 3 of 12 WHEREAS, the District is interested in obtaining fire and ambulance services from the Village and the City; and WHEREAS, the Village and the City are amenable to providing fire and ambulance services to the District; and WHEREAS, the corporate authorities of the District, the Village, the City, and LFPD, having studied the matter and on advice of staff, find and determine that Village and City’s provision of fire and ambulance services to the District as further set forth in this Agreement is in the best interest of the residents and businesses of the District, Village, City and LFPD for the duration of this Agreement or until notice is given by one party to the others under terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises herein stated and other good and valuable consideration, the sufficiency of which is hereby acknowledged by the District, Village, the City, and LFPD, the parties do hereby agree as follows. 1. Incorporation of Recitals. The above captioned recitals are incorporated herein as if written in full. 2. Term of Agreement. Subject to the terms of Paragraph 12, this Agreement will be for the term of twenty (20) years, commencing October 1, 2018, and ending at midnight on September 30, , 2038. 3. Village and City Services provided to the District. The Village and the City will provide qualified personnel and equipment to provide fire and emergency ambulance services (as more specifically set forth in Attachment 2, attached hereto and incorporated herein) to residents and properties within their assigned sectors of the District as more fully set forth in Paragraph 14 of this Agreement. The Village and the City will, to the best of their ability and as reasonably and operationally practicable, provide such services on the same basis as each provides these services to residents and properties within their corporate limits, consistent with statutory and regulatory guidelines (hereinafter, the “Fire and Ambulance Services”). The Village and the City shall participate in such mutual–aid and auto-aid back up programs as each deems appropriate from time-to-time for service to residents and properties within their respective sectors of the District’s territory. 4. Village and City Compensation from the District for Fire and Ambulance Services Provided. a. Payments. For Fire and Ambulance Services provided by the Village and the City to the District in all areas to be known as D-46 and D-42 (as reflected in Attachment 1, which is attached hereto and made a part hereof), during the period of October 1, 2018 through September 30, 2038, the District shall compensate the City and the Village with an “Annual Service Fee” per the following schedule: 163 Ancel Glink Changes 8.28.18 {00018601 4} Page 4 of 12 1. October 1 2018 to April 30, 2019 - $262,500 (prorated 7/12 of $450,000) 2. May 1, 2019 to April 30, 2020 - $450,000 3. May 1, 2020 to April 30, 2021 - $496,000 4. Every May 1, to April 30, through the end of the Agreement payments will increase as detailed in this agreement. 5. Final payment for May 1, 2038 to September 30, 2038 to be prorated The District will pay the Annual Service Fee in equal quarterly installments on each October 1, January 1, April 1, and July 1 for each year of the Agreement with the first quarterly payment of $65,625 due October 1, 2018. The District will remit full quarterly installment to the City. The City will remit to the Village its share of each payment received from the District pursuant to Paragraph 4, within thirty (30) days of such payments being received by the City. b. Payment Formula for Fee Increases. The Annual Service Fee shall increase in accordance with the following formula: Starting May 1, 2021 and continuing every May 1 thereafter, the Annual Service Fee to be paid by the District shall increase based on the change in the Consumer Price Index (“CPI”) as defined in the Property Tax Extension Limitation Law (35 ILCS 200/18-185); provided, however, that the Annual Service Fee will not increase by more than the CPI or 4%, whichever is less. If, however, the tax cap CPI for the prior fiscal year is below 2.0%, the District agrees to increase the payment at a rate which is equal to one-half the difference between the CPI and the average Fire Department budget increase rate of the Village and City. (Example: CPI = 1.5%; average Fire Department Budgets increase rate = 3.5%; the payment increase rate would be 2.5%). In the event there is a significant increase in the adopted Fire Department Budgets from the previous fiscal year (5% or more), the Village, City and District agree to meet and discuss whether to adjust the year’s percentage increase. c. Reimbursement for Ambulance Transports. In addition to the Annual Service Fee, and pursuant to regulations promulgated by the Center for Medicare and Medicaid Services of the U.S. Department of Health and Human Services, the Village and the City may bill District residents and persons receiving Village and City ambulance services pursuant to this Agreement. The Village and the City shall retain all proceeds from any reimbursement thus recovered. Reimbursement rates for District residents shall be established jointly by the corporate authorities of the Village and the City, and the reimbursement rate for District residents shall be uniform throughout the District and shall not exceed the reimbursement rate for residents of the Village, the City, 164 Ancel Glink Changes 8.28.18 {00018601 4} Page 5 of 12 and LFPD. The Village and the City agree to set transport rates for District Residents. The Village and the City shall provide the District regular and routine reports when requested, but typically not less than a quarterly basis, to the District Board of rates of and amount of reimbursements for ambulance services the Village and the City receive. The Village and the City agree to inform the District of any changes to the reimbursement rates promptly. d. Allocation of Annual Service Fee between the City and the Village. The Village and the City hereby agree to equally share the allocation of the Annual Service Fee moneys received from the District (ie: 50/50). The amount of the Village’s share of the Annual Service Fee shall hereinafter be referred to as the “Village Allocation”; the amount of the City’s share of the Annual Service Fee shall hereinafter be referred to as the “City Allocation.” 5. LFPD Compensation from the Village Allocation for Use of LFPD Station. As compensation to LFPD for the Village’s use of the LFPD Station in connection with the Village providing Fire and Ambulance Services to the District pursuant to this Agreement, the Village shall remit to LFPD 11.25% of all of the Village Allocation of the Annual Service Fees (the “LFPD Share”). The Village shall remit the LFPD Share within thirty (30) days of the Village’s receipt of any payment of the Village Allocation of the Annual Service Fee. 6. Miscellaneous Provisions. a. Personnel and Equipment. The Parties agree that Village and City personnel and equipment providing Fire and Ambulance Service to the District pursuant to this Agreement remain, respectively, Village employees and equipment and City employees and equipment. b. Insurance. The Village and City shall each maintain commercial general liability insurance, business auto liability insurance for their respective vehicles, and workers’ compensation/employer’s liability insurance for their respective employees as required by law with respect to the Village and City’s provision of Fire and Ambulance Services. Coverages provided through intergovernmental self-insurance pools shall satisfy the requirements of this paragraph. The Village agrees to add the LFPD as an additional insured under all liability insurance policies covering the Village as such policies relate to the services provided in this contract, including, but not limited to Property Damage, General Liability, and Workers’ Compensation. c. Indemnifications. i. The Village shall, to the extent permitted by law, indemnify, hold harmless and defend the District, City and LFPD, their officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including reasonable attorney’s fees, costs, fees and expense of defense, arising from, growing out of, or related to any loss, damage, injury, death, or loss 165 Ancel Glink Changes 8.28.18 {00018601 4} Page 6 of 12 or damage resulting from or connected with the sole negligent or willful acts, errors or omissions of the Village in providing Fire and Ambulance Service under this Agreement. ii. The City shall, to the extent permitted by law, indemnify, hold harmless and defend the District, Village and LFPD, their officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including reasonable attorney’s fees, costs, fees and expense of defense, arising from, growing out of, or related to any loss, damage, injury, death, or loss or damage resulting from or connected with the sole negligent or willful acts, errors or omissions of the City in providing Fire and Ambulance Service under this Agreement. iii. The District shall, to the extent permitted by law, indemnify, hold harmless and defend the Village, City, and LFPD, their officials, officers, employees, and agents from and against all liability, claims, suits, demands, proceedings and action, including reasonable attorney’s fees, costs, fees and expense of defense, arising from, growing out of, or related to any loss, damage, injury, death, or loss or damage resulting from or connected with the negligent or willful acts, errors or omissions of the District with respect to its performance of Fire and Ambulance Services regardless of the location where such claims arise. iv. Nothing contained herein shall be construed as a limitation or waiver of defenses available to the District, Village, City and LFPD, including but not limited to the Tort Immunity Act. d. The Village and City Fire Chiefs, or their designated representatives, will coordinate the efficient and expeditious provision of Fire and Ambulance Service by the Village and City to the District as circumstances, available resources and competing demands permit. The Village, City and District agree that such coordination may be implemented though the 911 Dispatch System. e. Service Control. The Fire Chief or senior ranking Officer from the Village and City shall, upon arriving at the scene in their respective assigned sectors of the District territory, have the responsibility and authority to direct and control resulting fire, hazardous material, rescue, emergency medical or ambulance services to be provided, subject to direction from the regional Emergency Medical System supervisory hospital for ambulance calls. The Village and City Fire Chiefs, or their designated representatives, will submit regular monthly reports on Services provided for the preceding month to the District Board, and will notify the District Board of any significant or noteworthy Service-related event occurring in the District. 7. Choice of Law and Dispute Resolution. This Agreement shall be construed and interpreted according to the laws of the State of Illinois. In the event a dispute arises between the District and Village or the City and the District regarding Fire and Ambulance Services provided in the assigned sectors of the District territory, the Village and District or the City and the District agree to pursue non-binding mediation in an effort to resolve the dispute with final jurisdiction agreed to lie with a court having competent jurisdiction in Lake County, Illinois. 166 Ancel Glink Changes 8.28.18 {00018601 4} Page 7 of 12 8. Approval. The District, the Village, the City and LFPD shall take such steps as are necessary under the law to approve, and to authorize the execution and delivery of this Agreement. 9. Complete Agreement and Amendment. This Agreement memorializes the full and complete understanding of the District, the Village, the City and LFPD. This Agreement may be amended at any time by the mutual consent of the parties hereto, expressed in a written instrument executed and delivered with the same formality with which this instrument was executed and delivered 10. Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the effect or force of law, such decision shall not affect the validity of the remaining portions or the Agreement 11. Notice. All notices provided for in this Agreement shall be in writing and may be given by personal delivery, recognized overnight delivery service (deemed delivered the next business day), facsimile (deemed delivered when received per fax receipt) or by certified or registered mail, return receipt requested, postage prepaid (deemed delivered two days after deposited in the United States Mail). Notices shall be addressed as follows: If to the Rockland Fire Protection District: If to the Village of Libertyville: Rockland Fire Protection District Village of Libertyville Attn: Board President Attn: Village Administrator 14 Skokie Highway 118 W. Cook Lake Bluff, IL 60044 Libertyville, IL 60048 Phone: 847-234-0219 Phone: 847-362-2430 With a copy to: Brian O’Connor, Esq. Ottosen Britz, Ltd. 303 N. Main Street Elburn, Illinois 60119 Phone: 630-365-6441 Facsimile No. 630-365-6451 If to the Libertyville Fire Protection District: If to the City of Lake Forest Libertyville Fire Protection District City of Lake Forest Attn: Board President Attn: City Manager 1551 North Milwaukee Ave. 220 East Deerpath Libertyville, IL 60048 Lake Forest, IL 60045 Phone: 847-234-2600 With a copy to: Brett Henne Swanson, Martin & Bell LLP 1860 West Winchester Road, Suite 201 Libertyville, IL 167 Ancel Glink Changes 8.28.18 {00018601 4} Page 8 of 12 Phone: 847-949-0025 Fax: 847-247-0555 Any party may change the persons and other contact information with respect to such party by notifying the other parties in the manner set forth in this Paragraph. 12. Termination. a. Continuation Upon Conclusion of Initial Term: Unless this Agreement is terminated as otherwise provided in this Agreement, the Agreement shall be deemed to continue from year-to- year after the initial 20-year term. b. Termination After the 10th Anniversary of the Agreement: Any party may terminate this Agreement for any reason after the 10th anniversary of the Agreement, provided that the terminating party gives written notice as further provided in this Agreement to the other parties not less than two (2) years prior to the date when termination would take effect. c. Termination for Cause. Any party may terminate this Agreement for just cause (except for nonpayment which is subject to the termination provision set forth in paragraph d below), provided that the terminating party gives written notice as further provided in this Agreement to the other parties not less than two (2) years prior to the date when termination would take effect. d. Termination for Nonpayment: The Village or the City may terminate this Agreement for nonpayment if any quarterly installment of the Annual Service Fee remains unpaid for a period of sixty (60) days after the Village or the City has notified the District of the default in payment. In the event of such termination for non-payment, the District shall pay a penalty to the Village and City equal to six (6) months payment at the then current Annual Service Fee. 13. Assistance with Liquidation and Building: The Village and the City agree to provide technical and professional assistance in the liquidation of District assets as may be required. The Village and the City will make available one Fire Chief and required personnel to work with the District in the liquidation of assets as may be required. The Village and the District request right of first refusal on all assets to be disposed of. Any transfer or disposition of District assets will be in accordance with applicable state law. 14. Authority: The Fire Chief of the City’s Fire Department or such Chief’s designee shall have the sole exclusive right and responsibility to prescribe the manner of giving the alarm for fire or other emergency in the sector of the District’s territory designated D-42 (as reflected in Attachment 1), and shall further have the sole and exclusive authority and responsibility to direct and control any and all Fire and Ambulance Services (including firefighting, EMS and fire protection and prevention operations) carried on within D-42. The Fire Chief of the Village’s Fire Department or such Chief’s designee shall have the sole exclusive right and responsibility to prescribe the manner of giving the alarm for fire or other emergency in the sector of the District’s territory designated D-46 (as reflected in Attachment 1), and shall further have the sole and exclusive authority and responsibility to direct and control any 168 Ancel Glink Changes 8.28.18 {00018601 4} Page 9 of 12 and all Fire and Ambulance Services (including firefighting, EMS and fire protection and prevention operations) carried on within D-46. 15. Attachments: - Attachment 1, Map of Jurisdiction defining the sectors for the Village and City coverage areas within the District territory - Attachment 2, Fire, Ambulance, Bureau and other services provided through this IGA by the Village and the City. [Signatures follow on the next page.] 169 Ancel Glink Changes 8.28.18 {00018601 4} Page 10 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective and duly authorized representatives and caused their respective corporate seals to be affixed hereunto. For the Rockland Fire Protection District By: _____________________________________ President, Board of Trustees Attest: ___________________________________ Secretary, Board of Trustees For the Libertyville Fire Protection District By: ______________________________________ President, Board of Trustees Attest: ___________________________________ Secretary, Board of Trustees For the Village of Libertyville By: ______________________________________ Village President Attest: ___________________________________ Village Clerk For the City of Lake Forest By: ______________________________________ Mayor Attest: ___________________________________ City Clerk 170 Ancel Glink Changes 8.28.18 {00018601 4} Page 11 of 12 Attachment 1 Response Districts 171 Ancel Glink Changes 8.28.18 {00018601 4} Page 12 of 12 Attachment 2 Fire Services: - Dispatch Services - Residential and Commercial Structure Fire Response - Carbon Monoxide Responses - Vehicle Fire Responses - Wires down Responses - Smoke detector installation or assist - Rubbish, Grass, Trash, and all other type Fire Responses - Fire Alarm Responses - Elevator Rescue/Alarm Responses - Smoke Investigation Responses - Hazardous Material Responses Technician Level - Confined Space Rescue Responses Technician Level - High Angle Rescue Responses Technician Level - Trench Rescue Responses Technician Level - Dive Rescue Responses Technician Level - Swift Water Responses Technician Level - Ice Dive Responses Technician Level - Wildland Fire Responses Technician Level - General Public Assist requests Emergency Medical Services: - Advanced Life Support Ambulance Service - Paramedics (Highest Level) - Motor Vehicle Accident Responses - With Extrication - Active Shooter Response - Special Event Coverage Fire Prevention Bureau Services: - Fire Investigation - Fire Inspection and Re-inspection of commercial and multi-family occupancies - Plan Review services (Life Safety, Fire Alarm, and Sprinkler) - Code enforcement - Occupancy Inspections - Work with Lake County Building Department to enforce local building codes. - Public Education: - Schools “Risk Watch” - Senior Living Facilities “Remembering When” - Fire Extinguisher Training - Severe Weather planning Miscellaneous: - Administrative Contacts for RFPD for service questions (Chief and Deputy Chief) - Chief Attendance at Rockland Fire Protection District Meetings - Monthly Activity Report - Annual Fire Department Budget Presentation - All Hazards Emergency Management Services as may be needed / Liaison with Lake County Emergency Management Agency - Special Event planning as may be needed. 4822-2624-3953, v. 1 172 1 THE CITY OF LAKE FOREST Principles, Conduct and Procedures for Meetings and Activities of the Members of the Lake Forest City Council and Staff August 22, 2018 The City Council, with the advice and recommendations of its appointed advisory Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for ordinances and regulatory oversight of the City government. The City Council is charged specifically with: The power to pass, publish, amend and repeal all ordinances, rules and police regulations, not contrary to the constitution of the United States or this state for the good government, peace, and order of the City. As prescribed in the City of Lake Forest charter: The Mayor and Aldermen shall constitute the City Council of the City. The City Council includes the Mayor and eight Aldermen, two from each of the City’s four wards. The Mayor is elected bi-annually for a two-year term and receives a token salary of $10 per year. Aldermen are elected to staggered two-year terms, with one Alderman elected from each ward annually. Aldermen receive no compensation. The City operates under the Council-Manager form of government and is a recognized Home Rule community under Illinois State Statutes. The City also operates under a City Charter. The City Manager is appointed by the Mayor with the consent of the City Council. The City Manager is the Chief Administrative Officer of the City and is responsible for the efficient administration of all departments. I. Core Values City Council members and City Staff must adhere to the following Core Values of the organization and apply them at all times and in every interaction with Council members, City Staff and the public: a. Respect and Fairness b. Integrity c. Excellence in Performance of Duties d. Honesty e. Empathy f. Trust 173 2 II. Principles a. All persons will be treated fairly and with respect. b. The long-term goal of the entire community outweighs any individual opinion or any private or specific interest. c. City Council members and City Staff will represent their constituents with truthfulness, dignity and professionalism. d. City Council members are expected to be independent, impartial and fair in their judgment and actions. e. All officials, whether elected or appointed, and City Staff, will comply with the Constitution and laws of the United States of America, the State of Illinois and the Code, ordinances and policies of the City of Lake Forest in the performance of their duties. f. All persons will demonstrate respect for and facilitate an open, deliberate decision-making process. City Council members and City Staff will respect the fact-finding and deliberations of the Boards and Commissions of the City and accord them due deference in the deliberative process, without abdicating the Council’s ultimate responsibility as the sole legislative body of the City in that regard. g. City Council members and City Staff will represent the official policies and positions of the City. When presenting their personal opinions or positions, they should state that they do not represent the City Council or the City. h. All officials, whether elected or appointed, and City Staff, will act in a way that will enhance public confidence in the integrity of local government. i. Funding decisions should support effectiveness and economy in providing services and programs, while mindful of the number of citizens benefitting from such expenditures. As such, new initiatives should be quantified, qualified, and evaluated for their long-term merit and overall fiscal impact and other consequences to the community. 174 3 j. City Council members and City Staff will maintain a productive working relationship by adhering to the following expectations and responsibilities inherent to the Council-Manager form of government: CITY COUNCIL MEMBERS’ EXPECTATIONS OF AND RESPONSIBILITIES TO CITY STAFF • Responsiveness to citizenry • Respect for persons in elective and appointed office • Availability to discuss issues with respect to input and dialogue • Clear direction of objectives and priorities • Honesty in handling of public resources • Honest feedback on policy decisions and administration • Adherence to Council policy direction • Service delivery in the most effective and efficient manner • Up-to-date information to avoid “surprises” • Creativity in finding solutions • Adherence to the established Core Values of Respect, Integrity, Excellence, Honesty, Empathy and Trust • Necessary resources to complete tasks • Adequate preparation for City Council meetings • Safe work environment that encourages productivity and creativity and is free of harassment, intimidation or retribution • Fair compensation and recognition of performance CITY STAFF EXPECTATIONS OF AND RESPONSIBILITIES TO CITY COUNCIL MEMBERS • Exhibit respect for administrative and legal processes 175 4 • Understand, appreciate and respect the past vision, goals, City policies and plans for the community • Respect the vision, goals and plans associated with that vision • Show mutual respect for City Staff members and their professionalism, other City Council members and the public • Civility in all public discourse, both to and from City Council members, City Staff, and the public, and show zero tolerance for abusive conduct or personal attacks upon the character or motives of public officials, City Staff or members of the public • Honesty and integrity in interaction with City Staff and the public • Avoid micromanagement • Unbiased administration of policy decisions and adherence to established policies • Options and solutions for solving difficult problems • Creativity for constant improvement and maintaining best practices for service delivery • Preparation, engagement and knowledgeable of the issues before the City Council • Up-to-date information to avoid “surprises” • Attention to detail CITY COUNCIL MEMBERS’ AND CITY STAFF RESPONSIBILITIES TO THE PUBLIC • Every member of the public should be accorded an ample opportunity to be heard and to have grievances redressed by his or her City government • Every member of the public should be accorded dignity both in public and private discourse related to City business • Every member of the public deserves to have his or her concerns replied to by their City government 176 5 • Every member of the public has the right to expect his or her taxpayer dollars to be spent fairly, judiciously and only for the improvement of the civic welfare of the community following due public deliberations • Every member of the public should expect his or her government to treat them equitably and fairly III. City Council Meetings Meetings of the City Council bring together individuals with a variety of backgrounds, personalities, values, and opinions for a shared purpose: To effectively promote and protect the health, safety and general welfare of the citizens of Lake Forest for the long- term common good. City Council meetings are intended to make decisions that formally set municipal programs in motion, enact ordinances, adopt policy, and authorize the expenditure of city funds. This section discusses the conduct of meetings, preparation for meetings, rules of procedure, and encouragement of citizen participation. a. Meeting Participation In addition to the Mayor, who presides over City Council meetings, and the Aldermen, The City of Lake Forest Council meetings will typically include the City Clerk, the City Manager, and the City Attorney. Their specific meeting roles are: 1) Presiding Officer The Mayor is the presiding officer of the City Council, and is responsible for ensuring that meetings are orderly, conducted in conformity with the rules of procedure, and progress at an appropriate pace. The presiding officer is responsible for ensuring that council members and citizens have ample opportunity to express their views. The Mayor will recommend one of the Council members to act as presiding officer and to serve in the Mayor’s absence. The Mayor may vote only on matters in cases of a tie vote, or when ½ of the Aldermen have voted in favor of an ordinance, resolution or motion even though there is no tie, or when a vote greater than a majority of the Corporate Authorities is required by statute. The Mayor may veto ordinances passed by the City Council, who, in turn, may override his or her veto by a majority vote of all Aldermen holding office in accordance with the City Charter and City Code. 177 6 2) The City Council as a Whole The City Council will adhere to the City of Lake Forest “Decision-Making Parameters for City Council and Appointed Boards and Commissions” document, adopted by the City Council on June 18, 2018. 3) City Clerk The City Clerk is the official record keeper. The Clerk is responsible for keeping the official minutes of council meetings. The Clerk’s duties also include preparing and distributing the meeting agenda and minutes, keeping other records, preparing and processing correspondence and reports, and managing the City Council office. The Clerk will typically make certain that all meetings are advertised in accordance with the Open Meetings Act. 4) City Manager and City Attorney The City Manager and the City Attorney serve as resources at City Council meetings, whose responsibilities are set forth in the City Code. IV. General Council Standards of Decorum and Conduct The City of Lake Forest protocols and procedures for Council meetings have been established to promote that purpose by creating an efficient, effective forum and a positive and professional atmosphere within which the business of the City can be conducted. This shared purpose is acknowledged and affirmed, despite the possible divergent opinions of the individual members of the City Council. Civil discourse is only fostered if it is modeled by how City Council members and City Staff behave toward one another and toward members of the public. a. Mayor: The Mayor has the responsibility and authority to manage the order of the meeting. All members must respect the decisions of the Mayor, who will respectfully manage public comment. b. Civility: City Council members should always be respectful of each other, of City Staff, and of the public. All oral discourse should be polite and civil. Members should never be belligerent, impertinent, threatening or disparaging and when 178 7 appropriate, should use titles when addressing others. Comments of a personal nature should be avoided. Opinions and positions are more persuasive when expressed civilly. c. Preparation for Meetings: City Council members are to prepare for meetings in advance. When possible, background and informational questions should be addressed with City Staff members during working hours rather than during City Council meetings, unless the answers to such questions will have an educational value of broad and general applicability. Thorough preparation improves focus on policy matters and fosters effective, efficient meetings. d. Focus on Business: City Council members should keep focus on the matters of business before them, keeping in mind the principal role of the City Council is executory as policy makers rather than administrators. Discussion of matters not relevant to pending business should be avoided. Members should be respectful of the roles of others and should be good stewards of the time spent during City Council meetings. e. Respect for City Staff: City Council members should be respectful in every contact and communication with City Staff, recognizing the scope and weight of the City Staff’s duties and responsibilities. Positive interactions with others promote greater achievement. f. Respect for Speakers: City Council members should be fair, patient, and respectful of all individuals who speak before, or make presentations to, the City Council at public meetings or public hearings. No signs of partiality, prejudice or disrespect should ever be evident on the part of any individual City Council member. Full attention should be given to speaker/presenters and side conversations should be kept to a minimum or not held at all. The City Council members should always be mindful that facial expressions and body language can be just as disrespectful as words. Making the public feel welcomed and heard is an important part of the democratic process. g. Use of Electronic Technology during Meetings: Electronic technology devices should be used by City Council members and Staff judiciously and only for purposes related to the meeting at hand. The use of 179 8 such devices for personal/family situations is understood and should be handled in a manner which is not disruptive to the conduct of business. V. Meeting Rules and Procedures a. Parliamentary Procedure: Meetings will be conducted following these rules of Protocols and Procedures. For all matters not governed by these rules, matters of the City Council will be governed by the most recent edition of Robert’s Rules of Order. In the case of an inconsistency or conflict between these rules and Robert’s Rules of Order, these rules will apply and control. If a matter is not covered by these rules, then Robert’s Rules of Order will apply and control. b. Questions of Order, Decisions: All questions of order will be addressed to, and decided by, the Mayor. The Mayor will decide all questions of parliamentary procedure without debate. The decision of the Mayor may be appealed to the City Council by motion stating the question be appealed. c. Agenda Items or New Initiatives: If a City Council member is interested in having the Council consider a new initiative (which may or may not require the expenditure of staff time), the matter should first be presented at a regular City Council meeting under “Comments from Council Members” following written notification to the Mayor and City Manager. • Aldermen should contact the Mayor first to seek approval to discuss a topic at a future City Council meeting under “Comments from City Council Members” agenda item. • When an Alderman raises a topic at the City Council meeting, the Mayor may choose to discuss it and general next steps or just acknowledge the request and take it under advisement for a future agenda item. • There is no need to create a process for how an agenda item is added to an agenda for a City Council meeting, as it is at the discretion of the Mayor. d. The Floor: A City Council member will not speak until recognized by the Mayor, who will decide who has the floor. City Council members always should act to ensure the 180 9 meeting is conducted in a smooth and orderly manner. City Council members will address all comments and discussions through the Mayor. All remarks should be addressed to the merits of the pending matter. Council members should not feel obligated to respond to any question or comment offered through public comment. City Staff will follow up with the speaker within the next few business days. e. Roll Call Votes: A roll call vote of “ayes” and “nays” will be taken and recorded in the minutes of proceedings for all ordinances and for all resolutions or motions that create any liability against or obligation on the part of the City, or for the expenditure or appropriation of City money, and in all other instances where requests therefore are made by any City Council member. f. Subsidiary Motions: When a motion is pending before the City Council, no other motion will be considered except one of the following motions: 1) To adjourn 2) To lay on the table 3) To call the previous question, which, if seconded and approved by a 2/3 vote, will end debate on a topic 4) To postpone indefinitely 5) To postpone to a definite time 6) To amend the motion 7) To Adjourn: A motion to adjourn is always in order except when: (i) A member is in possession of the floor (ii) A motion on the main question is pending (iii) A motion to reconsider is pending g. Confidentiality: City Council members will keep confidential all matters and documents discussed in Executive Session or otherwise designated as confidential. That confidentiality will be kept until the City Council has officially declared the matter or document no longer is confidential. To this end, minutes of Executive Sessions should be reviewed regularly to determine if they should be released to the public. h. Public Participation 181 10 1) Public Comments: Comments from petitioners, residents, neighboring jurisdictions, the media and guests may be made only when the applicable matter is on the agenda, or during the time on the agenda reserved for public comment, or with the recognition of the Mayor, and in accordance with any applicable rules on public comment established by the City Council. Upon recognition by the Mayor, Council members may ask clarifying questions but should refrain from debate and argument. 2) Public Hearings: During public hearings conducted by the City Council, members of the public will be permitted a reasonable opportunity to present relevant testimony and evidence during the public hearing. Interested parties will also be permitted the right to cross-examine witnesses upon request to the Mayor, in writing (on a form provided by the City) prior to the beginning of the hearing. 3) Rules Governing the Scope and Length of Comments: The City Council may, from time to time, adopt specific rules governing public comment on those matters, provided that such rules are fairly and equally applied to all. Such rules may include, without limitation, requirements for time limits, rules of decorum, and the use of audio or video recording equipment; provided, however, that the use of audio or video recording equipment will not be prohibited. Further, the City Council may set an overall limit at any meeting on the time for public comments, unless waived by the City Council. Individual comments will be limited to one opportunity per person and to not more than three minutes. The Mayor may also request that speakers not repeat or reiterate what a previous speaker said. 4) Decorum: Speakers are asked to refrain from belligerent, threatening, disparaging, or otherwise uncivil comments. The Mayor may limit the comments of any person who engages in such conduct. No person may continue to speak after the Mayor has taken the floor from that person. 5) Questions and Statements from the Floor: All questions or statements by a speaker should be directed to the Mayor. The City Council has no obligation to answer questions during public 182 11 comment and may refer to staff to follow up with the speaker after the meeting. 6) No Interruption of Speakers: No City Council member should interrupt a speaker during a presentation. The Mayor has the right to interrupt a speaker in order to enforce these or other applicable rules. 7) Interruptions and Other Disturbances: No person should interrupt the proceedings of a City Council meeting, or public meeting, or cause any other form of disturbance or disruption. The Mayor reserves the right to close public comment if, after issuing a warning, audience members persist in cheering, booing or otherwise being disruptive. 8) Enforcement: Any person violating the standards of process and decorum set forth in these rules may be removed from the City Council chamber and City Hall at the order of the Mayor. VI. General Rules for City Council Member Conduct a. Other Activities as City Representative: City Council members may not act as or represent the official spokesperson or representative of the City at any meeting, event, or forum unless and except when authorized in advance to do so by the City Council or the Mayor. This rule does not limit a City Council member from participating in informal or unofficial meetings so long as it is clear that the City Council member is participating individually and not directly on behalf of the City. City Council members are discouraged from attending any City Board or Commission meeting to advocate in favor of or in opposition to an issue, or on behalf of petitioners unless expressly disclosed to the City Council or unless the matter before the City Board or Commission relates to the City Council member’s property or business. This type of activity can serve to preempt, and otherwise undermine, the work of the Board or Commission and its citizen volunteer members. Every statement and activity related to City business should be considered carefully, for all of them may have an impact on the City. 183 12 b. Ex-parte Contacts: City Council members should avoid situations that could give rise to claims of partiality, or would otherwise mitigate the position of the City. City Council members are discouraged from engaging in communications outside of a public meeting on matters currently before the City Council or City Boards and Commissions, and should disclose any such communications to the City Manager or Mayor. The City Council should be mindful of its Core Values and rights of due process. c. Improper Influence: City Council members should refrain from using their positions to improperly influence the deliberations or decisions of City Staff, Boards, Commissions, or non-City Council subcommittees of the City. d. Commitment of City Resources: No City Council member should commit the use of City Staff or other City resource without first coordinating with the City Manager. City resources are limited, and the City Manager is best able to determine the proper allocation of City Staff time and other resources. e. City Staff: City Council members should not direct City Staff in the conduct of the duties performed by City Staff. If a City Council member wishes to discuss an operational or administrative matter, it should be discussed with a Department Head or the City Manager. f. Employee Performance: Any concerns by City Council members regarding the behavior or performance of City Staff will be directed to the City Manager privately and not shared with anyone other than the City Manager, Mayor or City Attorney. VII. General Rules for City Staff Conduct a. Respect for City Council: City Staff should give the proper respect for the functions and membership of the City Council, recognizing the fiduciary duties and stewardship responsibilities borne by its members. City Staff should be open and forthright with the City 184 13 Council about pending matters of policy and City administration. City Council members rely on the faithful counsel of the City Staff. b. Informed City Council: The office of the City Manager and all other City Departments, as appropriate, should keep the City Council informed on a timely basis regarding pending matters of policy and City administration. For each matter on which the City Council must act following a hearing before a Board or Commission of the City, the City Council will be provided with thorough information of the proceedings of that Board or Commission and any recommendation thereon. The report should include minority opinions, reports, and recommendations, if any. Good decision-making results from correct and timely information. c. Impartiality: Information that is provided to a member of the City Council in response to a request regarding pending matters of policy and administration should be made available to all members of the City Council so that all have equal access to relevant information. d. Responsiveness to City Council: City Staff should be prompt and thorough in following directions of the City Council and implementing policy decisions of the City Council. City Staff should act on such matters irrespective of personal opinions. The City Council relies on the City Staff to faithfully carry out City policy. The City of Lake Forest’s Principles, Conduct and Procedures for Meetings and Activities of the Members of the Lake Forest City Council and Staff shall be reviewed by the City Council on an annual basis. This document is intended to serve as a set of guiding principles and recommended procedures for City Council meetings and legislative functions. Nothing in this document is intended to create a legal entitlement for City Staff or enforceable performance standards beyond what already exists in the City’s Employee Handbook and individual department work rules. The City Council and Mayor are responsible for determining how best to interpret and implement these Protocols, which can be modified at any time without advance notice. 185 RESOLUTION NO._______ A Resolution Adopting Principles, Conduct, and Procedures for Meetings and Activities of the Members of the Lake Forest City Council and Staff and Updating Rules Concerning Public Comment and Participation at Meetings WHEREAS, The City of Lake Forest (“City”) is an Illinois home-rule municipality located in Lake County, Illinois; and WHEREAS, the Corporate Authorities for the City have extensively discussed and considered establishing certain principles, conduct, and procedures for meetings and activities of the members of the Lake Forest City Council and staff (“Protocols”); and WHEREAS, the Illinois Open Meetings Act authorizes public bodies to adopt rules regarding public comment, and pursuant to that authority, the City Council previously adopted Resolution 2011 approving rules concerning public comment and participation (“2011 Public Comment Rules”); and WHEREAS, in connection with its discussion of the Protocols, the City Council determined that the 2011 Public Comment Rules required certain changes to be consistent with the Protocols, as well as recent court decisions and Attorney General opinions interpreting the Open Meetings Act; and WHEREAS, the Corporate Authorities for the City have determined that it is in the best interests of the City to adopt the Protocols, as attached to this Resolution as Exhibit A, as well as to update the 2011 Public Comment Rules with the revised rules attached to this Resolution as Exhibit B. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of The City of Lake Forest, County of Lake, State of Illinois, as follows: SECTION 1: The recitals set forth above are hereby incorporated into this Section 1. SECTION 2: The Mayor and City Council for the City hereby adopt the “Principles, Conduct, and Procedures for Meetings and Activities of the Members of the Lake Forest City Council” in the form attached as Exhibit A to this Resolution. SECTION 3: The Mayor and City Council for the City hereby amend in its entirety Resolution No. 2011 to replace the 2011 Public Comment Rules with the updated “Rules Concerning Public Comment and Participation” attached as Exhibit B to this Resolution. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval in the manner provided by law. PASSED THIS _____ DAY OF _______________, 2018 AYES NAYS ABSENT 186 APPROVED THIS _____ DAY OF _______________, 2018 _________________________________ MAYOR ATTEST: _________________________ City Clerk 4848-1971-1085, v. 3 187 EXHIBIT A Principles, Conduct, and Procedures for Meetings and Activities of the Members of the Lake Forest City Council and Staff 188 EXHIBIT B THE CITY OF LAKE FOREST RULES CONCERNING PUBLIC COMMENT AND PARTICIPATION A. AUTHORITY AND APPLICATION: These rules concerning public comment and participation ("Rules") apply to all public bodies in the City ("Public Bodies"), except that, if a Public Body adopts, or has adopted a more specific protocol or procedure that provides additional opportunities for public comment and participation, the more specific protocol or procedure shall govern and control. The Mayor or Chairperson of the Public Body ("Presiding Officer") may designate additional time for public comment at a meeting as provided in these Rules, subject to the approval of the Aldermen or Members of the Public Body ("Members"). B. PUBLIC COMMENT AND PARTICIPATION: 1. Rules Governing Public Comment Time. a. The agenda of every regular and special meeting of all Public Bodies shall include a reservation of time near the beginning of the meeting for public comment ("Public Comment Time"). b. Subject to Rule B.1.d, the Presiding Officer shall recognize and allow to speak any person desiring to speak during Public Comment Time. c. Public Comment Time is in addition to, and does not replace, the opportunity for the public to speak during any duly convened public hearing conducted by the Public Body. d. If a person desires to speak during Public Comment Time about a matter that is the subject of a specific agenda item at the same meeting, and public comment will be allowed during that agenda item whether by designation of the Presiding Officer or in the course of a duly convened public hearing, the Presiding Officer may require that person to speak about the matter during the agenda item instead of during Public Comment Time. If no public comment will be allowed during the specific agenda item, then the person will be allowed to speak about the matter during Public Comment Time. e. The total amount of time allocated for Public Comment Time at any meeting shall not exceed 15 minutes, unless determined otherwise by the Presiding Officer. Speakers shall be entitled to address the Public Body on a first-recognized, first- served basis; provided, however, that a speaker may, in advance of a public meeting, request in writing to the Presiding Officer of a Public Body the opportunity to speak at such meeting. In the event that all persons desiring to speak during the Public Comment Time are not able to do so within the time limit allowed, the Presiding Officer shall have the option (but not the obligation) of extending the time allocated for Public Comment Time, either at the point designated 189 on the agenda, or at such later point on the agenda, or as the Public Body may otherwise determine. f. No person shall speak during the Public Comment Time for more than four three minutes, unless the Presiding Officer designates a longer or shorter time period. Generally, the longer or shorter time period will apply to all persons participating in the Public Comment Time at the same meeting. 2. Rules Governing All Public Comment: a. Each speaker must state his or her name and address in a clear manner so that it can be recorded in the minutes of the meeting. When a location has been designated in the meeting room for speakers to address the Public Body, the speaker must address the Public Body from that location unless the Presiding Officer otherwise allows. b. If a speaker is representing, or speaking on behalf of, an individual, group, or association, the speaker must state the nature of that representation. c. For speakers desiring to use audio or visual equipment in connection with a presentation, arrangements for such use must be made with the City in advance of the meeting. d. In the interest of promoting the efficient conduct of public business, speakers should refrain from repeating their own testimony and comments, and should refrain from repeating testimony and comments that have previously been provided to the Public Body by other individuals. e. Speaker time limits may be enforced by the Presiding Officer. f. No person may be discourteous, belligerent, impertinent, threatening, disparaging, or otherwise uncivil. The Presiding Officer may limit the comments of any person who engages in this conduct. No person may continue to speak after the Presiding Officer has taken the floor from that person. Public comments should be directed to matters within the purview of the Public Body. g. Although the Public Comment Time may be used to address questions to the Public Body, a speaker is not entitled to a response to any such question during the Public Comment Time. h. All questions or statements from the floor must be directed to the Presiding Officer and the Members. All others will be ruled out of order. i. The Presiding Officer shall have the right to interrupt a speaker in order to enforce these Rules or other applicable rules, including parliamentary rules as determined by the Presiding Officer. 2 190 3. Interruptions and Other Disturbances: No person shall interrupt the proceedings of a Public Body or cause any other form of disturbance or disruption. 4. Enforcement: Any person violating the standards of process and decorum set forth in these Rules may be evicted from the premises of the meeting at the order of the Presiding Officer or a majority of the Members, or be subject to other action as deemed necessary by the Presiding Officer and Members. 5. Written submissions. Any person shall have the right at any time to provide written comments to any Public Body or any other City official by addressing those comments to: The City of Lake Forest, do City Manager, 220 East Deerpath, Lake Forest IL 60045, and delivering the comments via any of the following methods: i. by personal delivery at the front desk of the City Hall between 8:00 a.m. and 4:30 p.m. Monday through Friday; ii. by mail, courier, or any similar delivery service; iii. by facsimile to (847) 615-4289, or iv. by email to cityhall@cityoflakeforest.com. 6. Publication. These Rules will be made available for public inspection at the front desk of the City Hall between 8:00 a.m. and 4:30 p.m. Monday through Friday. 4841-2190-8336, v. 1 3 191