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CITY COUNCIL 2018/12/03 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, December 3, 2018, 6:30pm 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 6:30p.m 1. EXECUTIVE SESSION pursuant to 5 ILCS 120/2 (c), (1), The City Council will be discussing personnel. Adjournment into Executive Session Reconvene into Regular Session CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Approval of the Mayor’s Appointment of Jason Wicha as City Manager (start date January 28, 2019) and Approval of an Employment Agreement with Jason Wicha A copy of the employment agreement can be found beginning on page 23 COUNCIL ACTION: Approval of the Mayor’s Appointment of Jason Wicha as City Manager (start date January 28, 2019) and Approval of an Employment Agreement with Jason Wicha 2. COMMENTS BY CITY MANAGER A. Update: Quadrennial Reassessment in 2019 - Scott Helton, Shields Township Assessor 3. COMMITTEE REPORTS 1 Monday, December 3, 2018 City Council Agenda FINANCE COMMITTEE 1. Gorton Community Center 2019 Budget Presentation PRESENTED BY: Finance Committee Chairman James Morris; Timothy Hender, Board Chair; Amy Wagliardo, Executive Director; and William Moskoff, Finance Chair STAFF CONTACT: Elizabeth Holleb (847-810-3612) BACKGROUND/DISCUSSION: Pursuant to Section 10.C.3. of the Restated Agreement Relating to the Gorton Property executed in July 2013, the Finance and Operations Sub-Committee and the Gorton Executive Director shall submit to the City for review and approval the Center’s annual budget and plans for the use of and programming at the property. Following review, the City shall submit a recommendation to the City Council for approval, approval with modifications or rejection of the Annual Budget and Plan to the full City Council. Upon receipt of the recommendation, the City Council has the right to approve, approve subject to modification, or reject the Annual Budget and Plan. A copy of the budget is provided beginning on page 28. As requested by the City, Gorton has provided a five-year forecast as part of the budget material. Section 10.D.1 of the Agreement provides that by mutual agreement of the parties, the Gorton Maintenance Obligation amount to be included in the annual budget may be modified from the $25,000 per year set forth in the original agreement. Representatives of Gorton requested that a reduction for 2017 be approved to $15,000 based on historical experience and the fact that Gorton had accumulated a maintenance reserve pursuant to the agreement of $18,006 as of December 30, 2015. The request was granted and Gorton is requesting that the $15,000 amount continue for 2019. COUNCIL ACTION: It is recommended that the City Council consider approval, approval with modifications, or rejection of the Gorton Community Center Annual Budget and Plan. If rejected, the Center would be authorized to operate and occupy the property in accordance with the Annual Budget and Plan last approved by the City Council subject to rate adjustments not exceeding the change in the Consumer Price Index. 2. Consideration of an Ordinance Establishing the 2018 Tax Levy (Second Reading and Final Approval) PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests final approval of an Ordinance establishing the 2018 tax levy. BACKGROUND/DISCUSSION: The annual tax levy must be filed with the County Clerk by the last Tuesday in December. The City has a significant reliance on property tax revenues, which represents more than 50% of the General Fund revenue. Spreadsheets reviewing the proposed tax levy for 2018 are attached (page 37) for your consideration. These include: 1) the tax levy limitations under the tax cap; 2) the tax levy distributed by fund without new growth and allowances distributed; 3) the tax levy by fund 2 Monday, December 3, 2018 City Council Agenda with new growth and allowances distributed; and 4) an explanation of the tax increase to an average homeowner. The tax levy to be approved includes the needs of all City departments, as well as for pensions and debt service requirements. As requested by the City Council Finance Committee on November 26, $915,000 has been moved from the General Fund levy to the Capital Improvements levy, as the sanitation fee will be moved to the General Fund in Fiscal Year 2020 and increased to $12 per month. A summary of the proposed levy is as follows: School District #67 levy amounts are estimated and subject to final approval by the Board on December 3, 2018. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 11/26/18 Move $915,000 from General Fund to Capital Improvements in levy; sanitation fee to General Fund for FY2020 and increased to $12/month. City Council 11/19/18 Granted first reading approval of the 2018 tax levy ordinance. City Council 11/5/18 Determination of a preliminary non- binding estimate of the 2018 levy. Finance Committee 10/15/18 Approval of 2018 Tax Levy Estimate City Council Workshop 9/17/18 Preliminary discussion of 2018 tax levy Proposed FUND 2018 LEVY 2017 Extension $ CHANGE % CHANGE City General 13,870,421$ 14,367,558$ (497,137)$ -3.46% Pension Funds 5,541,230 5,316,089 225,141 4.24% Fire Pension PA 93-0689 91,328 86,122 5,206 6.04% Recreation 1,433,090 1,403,614 29,476 2.10% Parks 3,189,781 3,124,173 65,608 2.10% Recreation & Parks/Specific Purpose 125,000 125,000 0 0.00% Special Recreation 474,817 465,051 9,766 2.10% Capital Improvements 1,730,225 816,750 913,475 111.84% Library 3,762,693 3,669,027 93,666 2.55% Library sites 411,500 403,036 8,464 2.10% Bond Funds 1,653,115 1,536,807 116,308 7.57% TOTAL TAX LEVY - CITY 32,283,200$ 31,313,227$ 969,973$ 3.10% School District 67- ESTIMATED 33,628,323$ 32,673,728 954,595$ 2.92% GRAND TOTAL 65,911,523 63,986,955 1,924,568$ 3.01% Ordinance (exclude Bond Funds)$64,258,408 3 Monday, December 3, 2018 City Council Agenda BUDGET/FISCAL IMPACT: The proposed tax levy for 2018 reflects a 3.10% increase over the 2017 tax levy extensions for the City and Library operating funds and City pension and debt service funds. This increase is comprised of the 2.10% property tax cap increase on operating and IMRF pension levies; debt service bond levies as previously approved by City Council bond Ordinances, subject to abatement for debt paid by alternate revenue sources; increases attributable to new construction; and increases in police and fire pension costs as determined by an independent actuarial valuation. The average increase to existing residents ($800,000 home) is projected to be $87 or 2.64%. COUNCIL ACTION: Grant final approval of an Ordinance Establishing the 2018 Tax Levy (page 41). 3. Approval of Ordinances Abating 2018 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Second Reading and Final Approval) PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests final approval of ordinances abating 2018 tax levies. BACKGROUND/DISCUSSION: The proposed Ordinances provide for the abatement of 2018 taxes levied for the various outstanding general obligation ALTERNATE REVENUE bond issues. The tax levies for all bond issues are established and recorded with the County Clerk at the time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement ordinance must be approved and filed with the County Clerk before the last Tuesday in December. The abatement of these general obligation ALTERNATE REVENUE bonds is possible due to the fact these bond funds have an adequate revenue source from water sales, golf fees, sales tax or payments from the U.S. Treasury. Therefore, the general obligation tax levy can be abated as was planned at the time the bonds were issued. The proposed Ordinances (beginning on page 50) are as follows: • An Ordinance Abating a Portion of the Tax being Levied in 2018 for the Annual Payment of the Principal and Interest on the Taxable General Obligation Bonds, Series 2010-B Bond Issue • An Ordinance Abating a Portion of the Tax being Levied in 2018 for the Annual Payment of the Principal and Interest on the Taxable General Obligation Bonds, Series 2010-C Bond Issue • An Ordinance Abating the Total Tax being Levied in 2018 for the Annual Payment of the Principal and Interest on the 2011 General Obligation Series 2011-A Refunding Bond Issue • An Ordinance Abating the Total Tax being Levied in 2018 for the Annual Payment of the Principal and Interest on the 2011 General Obligation Series 2011-B Refunding Bond Issue • An Ordinance Abating a Portion of the Tax being Levied in 2018 for the Annual Payment of the Principal and Interest on the General Obligation Bonds, Series 2015 Bond Issue • An Ordinance Abating a Portion of the Tax being Levied in 2018 for the Annual Payment of the Principal and Interest on the General Obligation Bonds, Series 2017 Bond Issue 4 Monday, December 3, 2018 City Council Agenda BUDGET/FISCAL IMPACT: A summary of the proposed tax levy abatements is provided below: COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various general obligation bond issues. 4.Consideration of an Ordinance approving a Fee Schedule and Ordinance adopting new fees related to Public Works (Second Reading and Final Approval) PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests final approval of the proposed Ordinances. BACKGROUND/DISCUSSION: As part of the budget process, all departments are asked to review their user fees. A comprehensive fee schedule is provided as Exhibit A to the Ordinance approving a fee schedule, which clearly identifies the proposed fee increases highlighted in yellow and the proposed new fees highlighted in orange. Fees highlighted in green are not reflective of changes in existing fees; rather, they are clarifications due to a review of City Code and current practices or the addition of previously approved fees into the Fee Schedule. Departments have provided supplemental memos justifying their proposed fee adjustments and new fees, which are included in the packet beginning on page 80. New fees require a separate Ordinance to be submitted by the department proposing the new fee and accompany the Ordinance approving the fee schedule. The following Ordinances are submitted for City Council consideration at this time: •Ordinance approving a fee schedule (page 56) •Ordinance adopting new fees related to Public Works (page 77) Fees related to the Water Utility Fund are not yet incorporated into the proposed fee schedule pending the November 26 Finance Committee discussion. BUDGET/FISCAL IMPACT: Revenue for the new and increased fees is estimated to be immaterial in the General Fund, $27,869 in the Parks and Recreation Fund, and $47,736 in the Golf Course Fund. Levy per County TIF Golf Water .5 NHRST Int Rebate Net Levy 2009 278,195.00 278,195.00 2010A 0.00 0.00 2010B 172,500.00 (72,657.00) 99,843.00 2010C 442,098.76 (74,397.55) 367,701.21 2011A 137,050.00 (137,050.00)0.00 2011B 2,719,250.00 (113,017.50) (2,076,452.50) (529,780.00)0.00 2013 679,762.50 679,762.50 2015 589,675.00 (362,062.50)227,612.50 2017 271,152.50 (271,152.50)0.00 5,289,683.76 (362,062.50) (113,017.50) (2,484,655.00) (529,780.00) (147,054.55) 1,653,114.21 1% L/C 5,342,580.60 1,669,645.35 2018 Debt Service Levy and Abatements 5 Monday, December 3, 2018 City Council Agenda COUNCIL ACTION: Grant final approval of the proposed ordinances. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the November 19, 2018 City Council Meeting Minutes A copy of the minutes can be found beginning on page 91. COUNCIL ACTION: Approval of the November 19, 2018 City Council Meeting Minutes. 2. Approval of the Check Register for Period of October 27 to November 21, 2018 STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) 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: 6 Monday, December 3, 2018 City Council Agenda Included within the “All other Funds” section is $338,673 in Water Capital Fund expenses. COUNCIL ACTION: Approval of the Check Register for October 27 to November 21, 2018 3. Approval of an Issuance of a Class C-2 Liquor License to MGC& Family LLC STAFF CONTACT: Margaret Boyer, City Clerk, 847-810-3674 PURPOSE AND ACTION REQUESTED: As the Council is aware, the issuance of liquor licenses is under the purview of the City’s Liquor Commissioner and the Mayor serves in that role. However, the City Code only authorizes a specific number of liquor licenses and historically, this number corresponds with the current number of licenses issued. When new requests for liquor licenses are submitted, and after review by the Liquor Commissioner and a determination that the issuance of a license is appropriate, the City Council is asked to consider an amendment to the Liquor Code. BACKGROUND AND DISCUSSION: In recent weeks, the City and the Liquor Commissioner received a letter from MGC& Family LLC, which has agreed to purchase Lake Forest Food and Wine effective December 31, 2108. The letter shares the intent to operate the store in the same manner as it has been operating for the past 24 plus years. Lake Forest Food and Wine is located in the Arcade building, 645 Bank Lane Suite 120 and currently holds a Class C-2 liquor license. The C-2 license allows for the retail sale of alcoholic liquor for consumption on the premises of a restaurant only and served indoors, with or without a meal, or for consumption off-premises when sold sealed in its original package. Normally Staff would request consideration of an Ordinance amending the Liquor Code to allow for an additional license in a specific class. This circumstance however is slightly different in that “conditionally” on December 31, 2018 at mid-night, CKH& Sons LLC will surrender its C-2 license and on January 1, 2019 MGC& Family LLC is pursuing the same C-2 license resulting in the number not changing in the number of licenses issued. Fund Invoice Payroll Total 101 General 580,326 1,130,346 1,710,672 501 Water & Sewer 96,234 129,516 225,750 220 Parks & Recreation 132,316 325,909 458,225 311 Capital Improvements 846,331 0 846,331 202 Motor Fuel Tax 0 0 0 230 Cemetery 8,088 20,760 28,849 210 Senior Resources 11,836 21,054 32,890 510 Deerpath Golf Course 20,278 2,068 22,345 601 Fleet 42,329 37,697 80,027 416 - 433 Debt Funds 500 0 500 248 Housing Trust 0 0 0 201 Park & Public Land 0 0 0 All other Funds 498,731 132,001 630,733 $2,236,969 $1,799,352 $4,036,322 Check Register for October 27 - November 21, 2018 7 Monday, December 3, 2018 City Council Agenda There are two reasons why this must come before the City Council. First, state law and the City Code prohibit a “transfer” of a liquor license from one owner to another, however, so the existing license held by the current business owner cannot simply be transferred to the new business owner. Second, the City Code provides that once a business has ceased operations, the available liquor licenses in that category are automatically reduced by one, meaning that there is no liquor license available for MGC without City Council action. BUDGET/FISCAL IMPACT: N/A COUNCIL ACTION: Approval of an issuance of a Class C-2 Liquor License to MGC& Family LLC 4. Approval of a Sub-Lease Agreement in substantially the form attached hereto between the City of Lake Forest and Hansa Coffee Roasters to occupy a portion of the Central Business District Train Station located at 714 N. McKinley and Authorization to the City Manager, City Attorney, and City Clerk to proceed in executing the Agreement subject to final approval by Union Pacific STAFF CONTACT: Mike Strong, Assistant to the City Manager (810-3680) PURPOSE AND ACTION REQUESTED: At the request of the Property & Public Lands Committee, a sub-lease agreement between the City of Lake Forest and Hansa Coffee Roasters has been prepared for City Council review and approval that authorizes the tenant to occupy vacant tenant space within the train station in the Central Business District. BACKGROUND/DISCUSSION: In 2011, the City of Lake Forest entered into a 25-year lease with Union Pacific that authorizes the City to engage in commercial endeavors that serve the commuter community in exchange for the financial responsibility of day-to-day maintenance, care, repair, and investment activities in both the interior spaces and exterior façades of the two depot buildings. Recently, the City completed an approximate $3.1 million restoration and renovation of the depot buildings, which culminated in June 2018, after the completion of a restoration of the lobby within the main depot building partially funded by the Lake Forest Preservation Foundation. The City has been sub-leasing commercial space within the depot buildings since the early 1980s after it undertook a major renovation in partnership with the Lake Forest Preservation Foundation in order to preserve the structure from demolition. Currently, there are three commercial spaces available for tenancy within the main depot building, and one commercial space within the warming shelter adjacent to Market Square on the west side of the Metra-UP North Line. The First National Bank of Lake Forest (Northern Trust) took occupancy of the northern portion of the main depot building in the mid-1980s to provide financial services to both commuters and residents in the Lake Forest community. This was the last time the space was renovated to accommodate a commercial tenant. Northern Trust operated out of an approximate 1,200 square foot space, until 2011, when it vacated the depot building. Since late 2017, as the major improvement project began winding down, City staff has been working closely with a commercial broker to solicit and secure a tenant to occupy this vacant 8 Monday, December 3, 2018 City Council Agenda space. This past summer, the broker and City staff began negotiating various terms and conditions for a sub-lease agreement with Hansa Coffee Roasters to occupy this space and operate a retail coffee shop. The City will also work with the prospective tenant on obtaining permit approvals for code- related upgrades and cosmetic work that they are planning within the space, along with other cooperative measures that will assist them with these improvements. For convenience, a term sheet and copy of the sub-lease agreement are included in the agenda packet beginning on page 95. According to Section 5.1 of the City’s policy for the inventory, sale, lease and retention of public property the City Council must approve leases that are either longer than 5 years or which will exceed $20,000 per year. Therefore, City staff is requesting City Council consideration and approval of the sub-lease terms as included herein. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Property & Public Lands Committee 12/3/18 Reviewed and Approved BUDGET/FISCAL IMPACT: The agreement, as presented, is a 5-year sub-lease with a five-year renewal option for an amount of $29,400 during the first 12-months. The base rent is proposed to increase each year by the greater of 3% or any increase in the Consumer Price Index for all Urban Consumers. As presented, the sub-lease will yield $156,089 during the initial 5-year term. Should the tenant occupy the space by March 1, 2019, the first year of the sub-lease would result in an increase to budgeted general fund revenues of $4,900 in FY2019, and $29,547 in FY2020. COUNCIL ACTION: If determined to be appropriate by the City Council, Approval of a Sub- Lease Agreement in substantially the form attached hereto between the City of Lake Forest and Hansa Coffee Roasters to occupy a portion of the Central Business District Train Station located at 714 N. McKinley and Authorization to the City Manager, City Attorney, and City Clerk to proceed in executing the Agreement subject to final approval by Union Pacific 5. Approval of the Declaration of City Equipment as Surplus, allowing for its Disposition, and Use of the Disposal Proceeds to Purchase a Vehicle from The Chevy Exchange for use by the Lake Forest Police Department’s Investigations Unit. STAFF CONTACT: Rob Copeland, Deputy Police Chief (847-810-3809) PURPOSE AND ACTION REQUESTED: The City Council is asked to declare three vehicles as surplus equipment, authorize the sale of the surplus equipment to The Chevy Exchange, and approve the use of the disposal proceeds to purchase a newer vehicle for the use of the Police Departments Investigations Unit. BACKGROUND/DISCUSSION: The Police Department currently holds the following equipment in inventory: 9 Monday, December 3, 2018 City Council Agenda Vehicle Mileage Trade Value KBB* Actual Trade in Amt. 2007 Audi Q7 97,000 $6,500 $8,000 2009 Ford Mustang GT 20.520 $18,000 $18,000 2008 Mazda 3 138,358 $1,500 $1,500 TOTAL $26,000 $27,500 The vehicles are not required for City operations and the Police Department recommends that the City Council declare the vehicles as surplus and authorize disposal. The Police Department would like to trade the above vehicles to the Chevy Exchange for $27,500.00. The proceeds of the trade would then be applied to the purchase of a vehicle for the express use of the Lake Forest Police Department’s Investigative Unit for $32,300.00. The unbudgeted purchase would be funded from the disposal proceeds for three vehicles declared surplus equipment plus funds from PD-Minor Equipment. BUDGET/FISCAL IMPACT: 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 101-7672-460-60-20 Minor Equipment $0 Not to exceed $4,900.00 N 311-7603-475-7549 Police Equipment $0 $27,500 N COUNCIL ACTION: Approval of the Declaration of City Equipment as Surplus, allowing for its Disposition, and Use of the Disposal Proceeds to Purchase a Vehicle from The Chevy Exchange for use by the Lake Forest Police Department’s Investigations Unit. 6. Waive the City’s bidding process and approve the purchase of a new Fire Engine to be built by Marion Inc. not to exceed $525,000. Staff Contact: Pete Siebert, Fire Chief (810-3864) Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: The purchase of this new fire engine is part of a larger fleet restructuring plan devised by the Fire department. The new engine will replace a 27 year old engine (1991 Pierce Fire Engine). If approved, this would be the first purchase of a new fire suppression apparatus since 2007. BACKGROUND/DISCUSSION: While the Fire Department has diligently worked to devise a fleet restructuring plan. We believe the plan is fiscally responsible, and can potentially offset close 10 Monday, December 3, 2018 City Council Agenda to Two million dollars in future CIP expenditures. The fleet restructuring plan includes, the purchase of a new engine, purchase of two used apparatus, along with the sale of all older fire apparatus that have outlived their useful service lives. The City’s first responders need to have dependable fire apparatus to provide the highest level of service possible to the residents and visitors of Lake Forest. This plan will insure that firefighters have the right tools to safely perform their job and serve the community. The fire department fleet is aging, with several vehicles over 25 years old. The aging fleet has led to considerably more repairs needed from our fleet department, and also more downtime of fire apparatus. The City of Lake Forest bought four brand new apparatus in 1991, this provided much needed new equipment at the time, but also meant that the majority of our fleet needed to be replaced at one time. We have taken a measured approach that includes “newer” used vehicles and one brand new vehicle, to avoid the same problem of all vehicles needing replacement at the same time. The comprehensive fleet restructuring plan that was endorsed and approved by both the Public Works and Finance Committees, allows the City to potentially put off any new Fire suppression apparatus purchases from the capital fund until FY28. The Fire Department put together an engine committee to work on designing and purchasing the new engine. The committee is comprised of members of all ranks in the department and they have worked diligently over the last 3 - 4 months to design an apparatus that is affordable and suits the specific needs of our department. The engine committee started out with clear orders not to exceed the budgeted amount of $525,000. The team quickly learned that staying on budget would be challenging, as this was the same amount budgeted back in FY09. The committee narrowed their process down to three vendors, and ultimately only Marion was able to come up with a vehicle that met the City’s needs and budget. Marion is a member of the Houston Galveston Area Council (HGAC) Cooperative Purchasing Program, and meets all the requirements of our Finance Department to forgo a RFP process. The initial specifications and design elements meant the vehicle would come in above the budgeted amount, but through the use of a public private partnership and some creative thinking, the committee brought the price tag in below budget. The committee brought IDEX on board. IDEX is a Lake Forest business that makes Hale fire pumps. IDEX contributed their new top of the line fire pump to the project (valued at over $65,000) for little to no cost, and ultimately brought the overall price of the vehicle down by almost $60,000. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 10/30/2018 Fire Apparatus Fleet Restructuring Plan presented with positive support from the Public Works Committee. Finance Committee 11/26/18 Fire Apparatus Fleet Restructuring Plan, (including the purchase of the new engine as an approved CIP Priority 1 item) presented with positive support from the Finance Committee. 11 Monday, December 3, 2018 City Council Agenda BUDGET/FISCAL IMPACT: The funds for this purchase were approved in the FY19 CIP budget for $525,000. The bid of $508,680 is under the requested amount, there may be some minor changes during the manufacturing process of the vehicle. This is a custom built fire apparatus, and the difference between the bid and requested amount will allow for any additional funds needed for unanticipated changes. Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific waiver requested: Acknowledge the exception noted in Section 9.0-F of the City’s Purchasing Directive, and approve the bid. Marion is a member of the Houston Galveston Area Council (HGAC) Cooperative Purchasing Program and complies with the Governmental Joint Purchasing Act, 30 ILCS 525/0.01 et seq., and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. Company Name Dollar Amount Bid Marion $508,680 Below is an estimated summary of Project budget: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvement Fund $525,000 $525,000 Y COUNCIL ACTION: Waive the City’s bidding process and approve the purchase of a new Fire Engine to be built by Marion Inc. not to exceed $525,000 7. Authorization to expend up to $60,000, for repainting, lettering and repairs, to the two used fire apparatus that were recently acquired from the Rockland Fire Protection District. STAFF CONTACTS: Pete Siebert, Fire Chief (810-3864)and Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to use CIP funds to repair and re-letter two used fire apparatus. BACKGROUND/DISCUSSION: Since entering into an IGA with the Rockland Fire Protection District to provide fire, EMS and fire prevention services to their residents, the District has declared all equipment and vehicles as surplus. Part of the IGA was that Lake Forest received first right of refusal to purchase the District’s vehicles and equipment. The purchase of the used fire engine with low miles from the District benefited our department by replacing a 1994 fire engine with a 2008 E-One engine that is 14 years newer and 86,000 less miles. The acquisition of Truck 44 the 2003 E-One, reduced the age of the fleet by replacing our current 1991 truck. We are now requesting approval of funds for repainting, re-lettering and minor mechanical repairs to the two vehicles. At this point staff does not foresee this amount exceeding $60,000. Our Lake Forest fleet mechanics have done a comprehensive analysis of both vehicles and have a detailed list of minor repairs needed. The proposed plan is to make the needed repairs, touch up paint 12 Monday, December 3, 2018 City Council Agenda flaws, and re-letter the vehicles to match our fleet and identify them as Lake Forest Fire Department apparatus. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 11/26/18 Fire Apparatus Fleet Restructuring Plan, (including the funding for repairs and updates to the used vehicles) presented with positive support from the Finance Committee City Council 11/05/2018 Purchase of used Knollwood Engine and assuming the grant on the Knollwood Truck approved by Council. Estimates for funds needed for repairs included in the Council write up Public Works Committee 10/30/2018 Fire Apparatus Fleet Restructuring Plan presented with positive support from the Public Works Committee BUDGET/FISCAL IMPACT: The impact would be the cost of the repairs that were deemed necessary by our Lake Forest fleet mechanic’s inspection, and the painting/re-lettering work needed, not to exceed $60,000.00. The repairs for both vehicles are estimated to be $45,000, and the paint/lettering work is estimated to be $15,000. The future fleet cost should be reduced by adding these two newer vehicles with lower mileage than our current vehicles. Below is an estimated summary of Project budget: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvement Fund 311-0050-422-7801 (funded from reserves) $0 $60,000 N COUNCIL ACTION: Authorization to expend up to $60,000, for repainting, lettering and repairs, to the two used fire apparatus that were recently acquired from the Rockland Fire Protection District. 8. Consideration of Adoption of Updated Versions of the Previously Adopted State and National Life Safety and Building Codes Used by the City. (Final Approval) STAFF CONTACTS: Catherine Czerniak, Director of Community Development (810-3504) Pete Siebert, Fire Chief (810-3864) 13 Monday, December 3, 2018 City Council Agenda At the November 19, 2018 meeting, the City Council granted first reading of an Ordinance adopting updated versions of previously adopted State and National Life Safety and Building Codes. The Ordinance is now before the Council for final approval. In 2004, the City Council adopted State and National Building Codes to provide a strong and consistent framework for all construction activity in Lake Forest. Since that time, updated versions of the various Codes have been released. Adoption of the updated Codes is recommended at this time for several reasons.  To take advantage of the opportunity to incorporate updated Code references into the new building permit and inspection systems from the outset. The adoption of the Code updates corresponds with the “go live” date for the new software.  Adoption of the updated Codes aligns the City with surrounding municipalities, and the County, which is particularly important given long standing and recent contractual and shared service relationships through which the City provides fire protection services, annual life safety inspections, building plan reviews and inspections of projects under construction.  The Code updates continually strive to clarify and eliminate ambiguity found to exist in the earlier versions of the Codes.  City staff is well prepared for this transition having attended training sessions on a continuing basis to keep current with changes to construction methods, materials and State and Federal requirements. In particular, new requirements relating to energy efficiency and life safety are incorporated into the updated Codes.  Most architects and builders are familiar with the current versions of the Codes and are already designing to the updated standards. Importantly, as the City has done in the past, a transition period will be provided to assure that projects currently in the design process, are not delayed or forced to make mid-project changes. Until March 1, 2019, plans designed to the current Codes will be accepted. A memorandum prepared by Matt Goodman, one of the City’s building inspectors, is included in the Council packet explaining, from an inspector’s perspective, the value of adopting the updated Codes. In summary, the updated Codes provide for various minor refinements to reflect new materials, methods and efficiencies in various areas. The following Code updates are proposed for adoption. The Codes listed are the most current versions available. International Residential Code - 2018 International Building Code - 2018 International Fuel Gas Code - 2018 International Mechanical Code - 2018 National Electrical Code - 2017 National Fire Protection Association Codes (NFPA) • 101 Life Safety Code – 2018 • Fire Alarm Code - 2016 • 13, 13D, 13R Fire Sprinkler Codes - 2016 • International Fire Prevention Code - 2018 The Ordinance approving the adoption of the updated Building and Life Safety Codes is included in the Council packet beginning on page 117. 14 Monday, December 3, 2018 City Council Agenda COUNCIL ACTION: Grant final approval of the Ordinance adopting updated versions of the State and National Building and Life Safety Codes. 9. Approval to Waive the Bid Process and Authorize John Keno & Company the Repair of Two Ravine Projects in the Total Amount of $169,268 STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval to waive the bidding process and authorize the repair of two ravine projects to John Keno & Company in the amount of $169,268. BACKGROUND/DISCUSSION: Beginning in the summer, 2017, Public Works staff began evaluating the City’s ravine system. A grade of 1 through 5 was given for various ravine beds and slopes. A ranking of 1 represented significant erosion and unstable slopes; a ranking of 5 signified no erosion and very stable slopes. Approximately 2,500 data points were collected and noted in the City’s G.I.S. mapping system. During the summer of 2018, a legal intern began the process of identifying ravine ownership (public or private). The intern was able to research approximately 43% of the 327 private properties adjacent to the ravines. It is staff’s intention to complete this analysis during the summer, 2019. As the ravine management program continued to evolve during the summers of 2017 and 2018, staff noted two specific publically-owned ravines that required immediate repairs. The first area, located under the Lake / Woodbine Bridge, involves a storm sewer discharging into the ravine, but at an elevation that results in erosion along the side slopes, particularly during heavy storm events. The repair includes having storm outlets modified to discharge at the bottom of the ravine with appropriate end treatments to minimize erosion. Secondly, at the west side of the bridge, storm water enters a storm sewer that continues east along the ravine bottom to take low flows to the lake. There is no end treatment to this pipe, which results in frequent clogging as branches and debris can enter the pipe and quickly reduce its capacity resulting in greater flows above ground. The project will also include a sloped inlet box or similar end treatment with a sump so that the storm sewer can be more easily maintained and reduce the amount of sediment that continues downstream. The second area, located at the City’s Water Treatment Plant, involves taking measures to address the current erosion, improve the capacity of the storm sewer inlet, and provide a more durable overland flow route. Flows in excess of the storm sewer capacity overtopped the ravine area and ran north over the existing entrance road retaining wall. During the July 12, 2017 storm event, this excess runoff ran east along the top of the retaining wall, washing out a large area behind the wall and exposing a large transmission water main. To protect this transmission main from future heavy storm water flows, this repair needs to be completed in a timely manner. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments 15 Monday, December 3, 2018 City Council Agenda Finance Committee 11/26/18 Reviewed Project Areas & Discussed Challenge Acquiring Bids Public Works Committee 10/30/18 Reviewed Project Areas; Committee Recommended Seeking Quote from NBAR Ravine Contractor BUDGET/FISCAL IMPACT: A complete engineering design was developed by the City Engineer and the two projects were placed out to bid. The August 23,, 2018 bid opening resulted in only one company submitting a bid. The company that submitted the bid was founded in 2014 and is primarily a road construction company, and did not provide any work experience with ravines. Staff attempted to learn more about the company but their website was under construction. Additionally it was staff’s belief that only receiving one bid was a result of the timing of the bid process and that most contractors were too busy in the late summer months to price out the project areas, submit a bid, and complete the work in a timely manner. Therefore staff rejected the single bid and re-bid the project areas in late October. The October 25, 2018 bid opening resulted in no bids being received by the City. Staff reviewed this issue with the Public Works Committee at its October 30, 2018 meeting. After discussion with the Committee, staff was directed to contact the contractor currently repairing the ravine adjacent to the North Beach Access Road and request that a quote to repair the two ravines be submitted to the City. The contractor, John Keno & Company, noted that they did not submit a bid for either of the previous bid dates because of their fall workload. They noted that they would be willing to submit a price if the repairs were not required to be completed by mid-December, but instead during the late winter and early spring months. Staff agreed with this stipulation and a quote was provided to City staff on November 20th. 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) The following table summarizes the funding sources for the two ravine projects: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Lake & Woodbine: Capital Fund $130,000 $86,021 Y Water Plant: Water Fund* $0 $83,247 N *Funding for the water plant ravine repair will come from savings in the FY ’19 Southwest Sewer Force Main Replacement Project estimated at $144,000. Water Fund revenues are proposed for this repair to ensure the stability of the Water Treatment Plant infrastructure. COUNCIL ACTION: Approval to Waive the Bid Process and Authorize John Keno & Company the Repair of Two Ravine Projects in the Total Amount of $169,268 16 Monday, December 3, 2018 City Council Agenda 10. Approval to Waive the Bid Process and Authorize an Emergency Lining of a Water Main to Fer-Pal Construction in the Amount of $59,880 STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval to waive the bidding process and authorize an emergency lining of a water main located on Old Elm Road to Fer-Pal Construction in the amount of $59,880. BACKGROUND/DISCUSSION: To minimize the loss of filtered water, the City’s Water & Sewer Section contracts annually with a leak detection company to evaluate the City’s entire water main system for leaks. This annual investigation has been occurring since the mid-2000’s and has been extremely successful in locating various-sized leaks. The leak detection process is able to locate pinhole leaks on City water mains, valves, and hydrants. Repairs to those items are completed with either in-house or contracted crews. The process also identifies leaks on private water services. Once the analysis is complete, a report is provided to Water & Sewer to follow-up on both public and private leaks. With private leaks, the City sends a certified letter to the property owner notifying them of the leak and requiring that a contractor be secured within ten days to complete the repair; failure to do so results in the property owner’s water being turned off. This year’s leak detection program was completed in late fall. The company provided an initial summary and highlighted a leak on a 10” water main underneath the Union Pacific freight railroad track located on Old Elm Road west of Route 41. Attached on page 124 of this agenda packet is a map identifying the location of the leak. Staff decided to have a separate leak detection company confirm the leak and its location; both were verified. Recognizing the concern of a leak under railroad tracks and the potential it has to increase in size and volume, especially during cold winter months, staff is requesting City Council approve an agreement with a lining company to line up to 250’ of water main as soon as possible. Water mains are typically lined in hard-to-reach locations or locations in high traffic areas. With its proximity to the freight tracks, excavating to repair this leak is not an option. The only other water main that has been lined in Lake Forest is a 20” main on Route 60; that occurred in the late 1990’s. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments None n/a Staff was notified of the leak in early November, 2018 and has been trying to secure quotes to line the water main BUDGET/FISCAL IMPACT: The City has been lining both its sanitary and storm sewers for over ten years. There are a handful of contractors that perform such work and as a result, the work is bid through Glenview’s MPI program. Lining water mains is typically utilized in areas where it is challenging to replace or repair a specific length of pipe. As a result, the number of water main lining contractors is minimal. Over recent weeks, staff has been trying to locate contractors that line water mains. To-date, only three contractors have been identified; two of which agreed to visit the site and provide a quote. With the urgency of the repair, staff 17 Monday, December 3, 2018 City Council Agenda decided not to proceed with the standard bidding process but instead requested quotes to install the liner. The following two quotes were provided to the City: Company Quote Amount Fer-Pal Construction $59,880 Insituform Technologies $78,300 Michels $125,775 Established in 1986, Fer-Pal Construction provides rehabilitation of water mains. It specializes in utilizing trenchless technologies for municipalities in both the United States and Canada. Fer-Pal performed a very similar project in Kenilworth with a water main under Metra’s tracks. In speaking with a representative from Kenilworth, they noted the project was completed with no problems and the water main remains sealed to this day. 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) The following table summarizes the funding source for the water main lining: FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water Plant: Water Fund* $0 $59,880 N *Funding for the water plant ravine repair will come savings from the FY ’19 Southwest Sewer Force Main Replacement Project. That project has a current fund balance of approximately $144,000. With both this and the water plant ravine repair, the net savings will be $873. COUNCIL ACTION: Approval to Waive the Bid Process and Authorize an Emergency Lining of a Water Main to Fer-Pal Construction in the Amount of $59,880. 11. Waiver of Bid and Approval to Enter into an Agreement with Baxter & Woodman for Design and Specifications of the Forest Hill Water Main in the Amount of $30,000 STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to enter into an agreement with Baxter & Woodman for design and specifications of the replacement Forest Hill water main. BACKGROUND/DISCUSSION: In 2014, Baxter & Woodman performed a comprehensive storm water drainage study for The City of Lake Forest. Computer models of the drainage system were used to identify problem areas and deficient sewers. The report identified thirteen locations to address needed storm sewer improvements. 18 Monday, December 3, 2018 City Council Agenda The highest priority project was identified in the West Fork area and was constructed last summer. The second highest priority project, Old Elm (Green Bay to Timber) and Forest Hill near Timber, was scheduled to be completed during the summer of 2020 (FY2021). Concurrent to the installation of the storm sewer, staff had recommended and planned for Forest Hill’s water main to be replaced as well. At the April 3, 2017 City Council meeting, City Council approved a design services agreement with Baxter & Woodman for the design of the storm sewer in this area. At the November 26, 2018 Finance Budget meeting, the Finance Committee indicated its support to proceed with this project one year sooner due to the continued significant flooding that occurred to multiple homes on both Forest Hill and Green Bay Road. In order to advance this project to FY2020, the City Council has indicated its support of increased revenue from the City’s home rule sales tax and an increase in the sanitation fee. Both revenue proposals will be brought to Council in January 2019. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Finance Committee 11/26/18 Discussed the Forest Hill / Old Elm Storm Sewer & Water Main Project Public Works Committee 8/28/18 Reviewed Project Curb Options with Committee City Council 4/3/18 Approved Storm Sewer Design Services for the Forest Hill / Old Elm Project Area Finance Committee 11/5/14 Reviewed Stormwater Improvement Study BUDGET/FISCAL IMPACT: In order to have a completed set of design plans and specifications for the water main, design needs to begin immediately. This will allow both items to bid in late winter and the project to occur in the summer of 2019 (FY2020). Based upon Baxter & Woodman’s past involvement in multiple storm water studies, storm sewer designs, and the desire to incorporate the water main plans into the final storm sewer bidding document, staff is recommending that an exception be made to the RFP process (Section 8.2 of the City’s purchasing procedures) and that Baxter & Woodman be utilized to design the water main plan and specifications. Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific waiver requested: Administrative Directive 3-5, Section 9.0B – Professional Services, RFP Qualification-Based Beginning on page 125 of this agenda packet is Baxter & Woodman’s design services proposal. 19 Monday, December 3, 2018 City Council Agenda FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water Capital Fund (funded from reserves) $0 $30,000 N COUNCIL ACTION: Waiver of Bid and Approval to Enter into an Agreement with Baxter & Woodman for Design and Specifications of the Forest Hill Water Main in the Amount of $30,000. 12. 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. 1331 Harlan Lane – The Zoning Board of Appeals recommended approval of a variance from the front yard setback to allow construction of a front portico. Several letters in support of the project were submitted by neighboring property owners. (Board vote: 7 - 0, approved) 451 Beverly Place – The Zoning Board of Appeals recommended approval of a variance from the rear yard setback to allow the addition of a third garage bay. Two letters in support of the project were submitted by neighboring property owners. (Board vote: 7 - 0, approved) 140 E. Westminster – The Zoning Board of Appeals recommended approval of variances from the side yard setbacks to allow construction of a small rear addition, reconfigured elevated deck and relocation of the basement access. One neighbor submitted a letter in support of the project, another neighbor raised questions about the request. The Board recognized that the existing house is non-conforming due to its construction in the late 1800’s, prior to the City’s adoption of a Zoning Code. The Board also recognized that the proposed addition is small and will encroach into the side yard setbacks less than the existing house. The Board commended the owners for investing in the home and making the necessary repairs modifications to make it attractive to future buyers. (Board vote: 7-0, 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 129. 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 twelve (12) Omnibus items as presented 6. ORDINANCES 20 Monday, December 3, 2018 City Council Agenda 7.NEW BUSINESS 8.ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS A. Approval of a Resolution Naming the Patio at Deerpath Golf Course in Honor of Robert R. Kiely, Jr. A copy of the Resolution can be found beginning on page 153 COUNCIL ACTION: Approval of a Resolution Naming the Patio at Deerpath Golf Club in Honor of Robert R. Kiely, Jr. 9.ADJOURNMENT A copy of the Decision Making Parameters can be found beginning on page 22 of this packet. Office of the City Manager November 28, 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 FOR CITY COUNCIL CONSIDERATION – 12/3/2018 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this ____ day of December, 2018, by and between the THE CITY OF LAKE FOREST, an Illinois home rule municipality ("City") and JASON C. WICHA ("Employee"). WHEREAS, the City desires to secure the Employee’s services as the City Manager under the terms, provisions, and conditions set forth in this Agreement; and WHEREAS, Employee desires to accept employment with the City under the terms, provisions, and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the recitals set forth above, the promises and agreements in this Agreement, and other valuable consideration, the parties agree as follows: Section 1. Employment and Duties. The City agrees to employ Employee as City Manager, and Employee agrees to accept employment as City Manager, with a start date of January 28, 2019. Employee agrees to perform all duties of the City Manager as set forth in the City Charter, the City Code, and Illinois statute, as well as other duties that may be assigned to Employee by the Mayor and City Council from time-to-time. Section 2. Term. Employee will serve as City Manager for an indefinite term at the pleasure of the Mayor and City Council. Nothing in this Agreement will prevent, limit, or otherwise interfere with the right of the Mayor and City Council to terminate the employment of the Employee at any time, with or without cause, subject only to the provisions of this Agreement. Moreover, nothing in this Agreement will prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position as City Manager, subject only to the provisions of this Agreement. Section 3. Termination and Severance Pay. A. Termination without Cause. The City may terminate this Agreement and remove Employee, without cause, subject to payment of severance as provided by this Subsection 3.A. Termination without cause is defined as termination of Employee’s employment for any reason other than as defined in Subsection 3.B below. If Employee is terminated by the Mayor and City Council without cause, Employee will be entitled to a lump sum cash payment equal to six months’ base salary. In exchange for the severance payment, Employee agrees to execute all waivers and releases that the City customarily requires of employees upon separation of employment with the City, including waivers and releases of specific statutory rights after required waiting periods. B. Termination with Cause. The City may terminate this Agreement and remove Employee with just cause. If Employee is terminated by the Mayor and City Council for just cause, Employee will not be entitled to any severance payment. Termination with just cause is defined as termination of Employee’s employment for conviction of any felony, conviction of any crime involving moral turpitude damaging the integrity of the City, or official misconduct as defined by Illinois statutes. 23 2 C. Resignation. If Employee voluntarily resigns from his position as City Manager, Employee must give the City a minimum of three months advance notice in writing, unless otherwise modified by the Mayor and City Council. D. Disability. If Employee becomes disabled or is otherwise unable to perform his duties with reasonable accommodation because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks or for 20 working days over a 30 working day period, following exhaustion of any accrued sick leave, the City has the option to terminate this Agreement unless otherwise prohibited by applicable law, subject to termination and severance requirements. E. Payout of Accrued Leave. Upon any termination of Employee under this Section 3, Employee will be entitled to compensation for any accrued but unused vacation or other leave time in the manner required by law and as set forth in the City’s then-applicable Personnel Policies and Procedures. Section 4. Compensation and Benefits. A. Base Salary. The City agrees to pay Employee a base salary of Two Hundred Thousand Dollars ($200,000.00), payable in installments in accordance with the City’s normal payroll practices. The base salary may be adjusted from time-to-time as the Mayor and City Council, in their sole discretion, may determine without having to amend this Agreement. B. Bonus. The City reserves the right to recognize and reward successful performance and may, at the time of evaluation or at any other time, and in the City’s sole discretion, pay Employee such additional bonus compensation as the City deems appropriate. C. Deferred Compensation. The City agrees to execute all necessary documents for the Employee’s participation in an ICMA-RC 457 deferred compensation plan (“457 Plan”). The City agrees to pay an amount equal to 3% of the Employee’s base salary into the 457 Plan on Employee’s behalf, in equal proportionate amounts each pay period. D. Health Insurance Benefits. Employee is eligible and entitled to participate in the City’s medical and dental insurance program on the same terms applicable to other City management employees from time-to-time. E. Life Insurance Benefits. Employee will receive the same life insurance benefits received by all City management employees from time-to-time. F. IMRF. Employee will be eligible to enroll in the Illinois Municipal Retirement Fund (“IMRF”) pursuant to its terms and provisions, and the City will make the employer’s contribution. G. Professional Development. In order to maintain Employee’s professional standing and continued education, the City agrees to pay the reasonable cost of Employee's dues in professional associations and other reasonable expenses of professional development, and attendance at state and national city management conferences. 24 3 Section 5. Vacation, Sick Leave, Holidays, and Personal Days. A. Vacation. On Employee’s start date, Employee will receive 40 hours of vacation leave. For the remainder of Employee’s first calendar year of employment, Employee will receive 6.15 hours of vacation leave per pay period. In the second and subsequent years, Employee will receive 6.46 hours of vacation leave per pay period, equivalent to four weeks per year. B. Sick Leave. On Employee’s start date, Employee will receive 40 hours of sick leave. Thereafter, Employee will be eligible for the same sick leave benefits received by City management employees from time-to-time, up to 96 hours per year. C. Holidays and Personal Days. The Employee will receive the same holidays and personal days each calendar year as received by City management employees from time-to-time. D. Policies on Use and Accrual of Leave. Employee’s use and accrual of vacation leave, sick leave, holidays, and personal days will be subject to the rules and policies contained in the then-applicable City’s Personnel Policies and Practices. Section 6. Relocation and Residency. A. Residency. The City and Employee agree that residency in the City is a condition of employment under this Agreement. Employee will be required to reside within the City no later than August 31, 2020. B. Moving Expenses. In order to accommodate Employee in relocating his residence to the City, the City agrees, upon Employee providing the City with appropriate documentation, to reimburse Employee for all reasonable and necessary expenses incurred by Employee in moving to the City in an amount not to exceed $10,000.00. C. Lake Forest Residence Loan. 1. In recognition of the expenses involved in residing in Lake Forest, the City agrees to provide a loan (“Loan”) to Employee in the amount of $200,000.00 for a portion of the purchase price of a residence purchased by Employee in Lake Forest (“Lake Forest Residence”). The Loan will be without interest. The City will pay this sum as directed by Employee on the date of closing of the Lake Forest Residence. The Loan will be evidenced by a promissory note (“Note”), which Note must be made by the Employee and any co- owner of the Lake Forest Residence. 2. The Loan will be due and payable upon the earlier of (a) the date of closing of the sale or other transfer by Employee and/or a co-owner of any of their interest in the Lake Forest Residence or (b) the date that is nine months after the termination of the Employee’s employment as City Manager under this Agreement, whether voluntary or involuntary, with or without cause or (c) 25 years from the effective date of the Note. 25 4 3. The provisions of this Subsection 6.C will survive the termination of this Agreement. D. Lake Forest Residence Housing Allowance. In recognition of the expenses involved in residing in Lake Forest, the City agrees to provide Employee with a housing allowance in the amount of $1,000.00 per month, to become effective upon Employee’s purchase of a residence in Lake Forest. The housing allowance payments will terminate upon termination of Employee’s employment as City Manager under this Agreement, whether voluntary or involuntary, with or without cause. Section 7. Performance Evaluation. The Mayor and City Council will review and evaluate the performance of the Employee at least once annually. At a minimum, the performance evaluation process will include a written evaluation of the work performance during the previous rating period, a review of Employee’s goals and performance objectives for the next rating period, and a written summary of the evaluation results. Section 8. Exclusive Employment. Employee’s position as City Manager will be his sole employment. Section 9. Other Terms and Conditions of Employment. All provisions of the City Charter, the City Code, the City’s Personnel Policies and Practices, and other rules or policies of the City as they now exist or may be amended from time-to-time will also apply to the Employee as they would to other employees of the City, except as expressly set forth in this Agreement. Section 10. Indemnification. The City agrees to defend, save harmless and indemnify Employee against any tort, professional liability claim, or demand or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Manager. The City will have the right to compromise and settle any such claim or suit and thereupon pay the amount of any settlement or judgment rendered thereon. Section 11. Attorney Review. Employee acknowledges that he has been informed by the City, through the terms of this Agreement, that he was advised to review and discuss the terms of this Agreement with an attorney of his choice prior to signing this Agreement. Section 12. General Provisions. This Agreement constitutes the entire Agreement between the parties and it will be binding upon and inure to the benefits of the heirs, executors, successors and assigns of the parties. This Agreement may only be amended by written instrument executed by both parties, and each provision of this Agreement will be deemed severable. Neither party may assign their rights or obligations under this Agreement without the express written consent of the other party. This agreement supersedes all prior agreements between the parties regarding the matters herein set forth. This Agreement will be construed under the laws of the State of Illinois. Section 13. Notices. Any notice required under this Agreement will be deemed given when deposited in the U.S. mail to the following: 26 5 City: Mayor City Hall, The City of Lake Forest 220 E Deerpath Rd Lake Forest, Illinois 60045 Employee: Jason C. Wicha _________________________ _________________________ IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF LAKE FOREST, a home rule municipality ATTEST: By ________________________________ Mayor ________________________________ City Clerk JASON C. WICHA 4850-1718-0282, v. 5 27 Gorton Community Center 2019 Budget Draft Summary $ Variance % Variance 2016 2017 2018 2019 2019 Bgt vs 2019 Bgt vs Actual Actual Reforecast Budgeted 2018 Refrcst 2018 Refrcst Operations, net (265,514) (278,616) (326,098) (281,837) 44,261 -13.57% Programs & Events, net 94,082 130,634 213,184 257,610 44,426 20.84% Drop-In Center, net (7,593) (21,560) (6,410) 251 6,661 -103.92% Unrestricted Activity 291,780 259,542 243,450 220,680 (22,770) -9.35% Income from Operations 112,755 90,001 124,125 196,704 72,579 80.64% Depreciation Expense (257,902) (259,173) (262,418) (270,000) (7,582) 2.89% Temp Restricted Activity 2,672 (80,286) (61,250) - 61,250 -100.00% Perm Restricted Activity 347,420 533,438 152,854 (80,800) (233,654) -23.43% Net Income/Loss 204,946 283,979 (46,688) (154,096) (107,408) 230.05% 28 Gorton Community Center 2019 Budget $ Variance % Variance 2016 2017 2018 2019 2019 Bgt vs 2019 Bgt vs Actual Actual Reforecast Budget 2018 Refrcst 2018 Refrcst Notes Room Rentals & Leases 4001 · Annual Leases 160,622 172,647 169,055 177,087 8,032 4.75%See Annual Leases subschedule 4002 · Daily and Contract Rent, Net 94,804 93,951 125,000 128,750 3,750 3.00%3% increase over 2018 4003 · Drop In Center Rent 48,516 49,968 51,470 53,014 1,544 3.00%3% increase over 2018 4004 - Theatre Rent 90,169 52,523 78,000 80,500 2,500 3.21%3% increase over 2018 4004 - Technical Fees 21,264 16,232 18,540 19,100 560 3.02%3% increase over 2018 415,374 385,321 442,065 458,451 16,386 3.71% Administration Expense 5001 · Payroll 5001.01 · Administration 332,447 331,829 353,566 401,380 47,814 13.52%See subschedule 5001.02 · Porter 51,776 50,727 53,000 50,295 (2,705) -5.10%See subschedule 5001.03 · Taxes 29,313 29,826 31,102 34,553 3,451 11.10%7.65% of payroll 5001.04 · Payroll Fees 3,015 2,884 3,320 3,420 100 3.01%3% increase over 2018 Total 5001 · Payroll 416,551 415,267 440,988 489,648 48,660 11.03% 5002 · Porter/Cleaning Services 65,416 66,937 68,260 70,300 2,040 2.99%3% increase per vendor 5003 · Copier 4,695 5,274 5,400 5,400 - 0.00%$450/mo includes lease and avg copy charge 5004 · Postage 960 924 1,200 1,200 - 0.00%Same as 2018 5005 · Internet 2,897 2,888 2,976 3,060 84 2.82%Comcast $255/mo 5006 - Marketing 3,451 35,570 38,000 50,000 12,000 31.58%Quarterly mailers and misc ads 5007 · Printing 598 58 600 600 - 0.00%Misc stationery needs 5008 · Insurance 5008.02 · Liability Insurance 19,736 22,987 20,383 22,469 2,086 10.23% 5008.03 · Workers Compensation Insurance 6,614 8,518 4,518 5,091 573 12.68% 5008.05 · Liquor Liability Insurance 145 1,709 350 300 (50) -14.29% 5008.04 · Directors & Officers Insurance 825 1,790 1,790 - 0.00% 5008.10 - Reimbursed Health Insurance 1,787 350 7,200 7,200 0.00%25% Subsidy for Participants (4 Employees @ $150/ea per month) Total 5008 · Insurance 28,282 34,389 27,041 36,850 9,809 36.27% 5009 · Website Maintenance 8,705 5,893 6,000 6,000 - 0.00%Blueshoon $3,600, Misc Consultation $2,400 5010 · Accounting 10,000 10,000 10,300 10,600 300 2.91%Audit fee per proposal 5011 · Office Supplies 5,819 7,390 9,000 9,000 - 0.00%Same as 2018 5012 · Utilities 5012.01 · Gas 10,996 14,487 16,480 17,000 520 3.16%2.2% increase; discussed with E Holleb 5012.02 · Electric 37,682 32,867 43,000 44,200 1,200 2.79%2.7% increase; discussed with E Holleb 5012.03 · Water/Sewer 2,099 2,230 2,500 2,600 100 4.00%$650/quarter 5012.04 · Telephone 4,347 11,971 11,000 12,000 1,000 9.09%Birch, Marlin, Access, Porter Phone (DIC pays portion) Total 5012 · Utilities 55,123 61,555 72,980 75,800 2,820 3.86% 5014 · Building Maintenance 5014.02 · Pest Control 540 540 540 540 - 0.00%Quarterly service 5014.03 · Cleaning Supplies 7,240 7,857 9,000 9,000 - 0.00%$2125/qtr 5014.10 - Theatre Maintenance 5,281 3,278 6,000 14,000 8,000 133.33%See budget detail 5014.08 · Miscellaneous 12,681 11,350 15,000 15,000 - 0.00%Misc Maintenance Items 5014.09 · GCC/City Agreement 25,000 15,000 15,000 15,000 - 0.00%Per GCC/City Agreement Total 5014 · Building Maintenance 50,742 38,026 45,540 53,540 8,000 17.57% 5015 · Bank/Credit Chg and Late Fees 10,665 12,995 20,000 20,600 600 3.00% 5017 · Miscellaneous 5017.01 · Dues and Subscriptions 570 20 115 130 15 13.04%Annual Report Fee, Filing Fee 5017.02 - Vending Machine (353) (312) - - - 0.00%Net from Vending Machine 5017.03 - License Fees 15 15 15 - (15) -100.00%Moved to Dues & Subscriptions 5017.06 · Exec Director's Discretionary Fund 572 - 7,000 15,000 8,000 114.29%Exec Director Discretionary Fund, non-budgeted items, Chairman's discretionary 5017.05 - Meeting Expense 1,000 4,000 3,000 300.00%Board Meetings, Staff & Misc Meetings 5017.09 - Educaton/Conferences 6,000 6,000 100.00%Arts MW 5017.08 - Staff Development 1,214 165 1,200 1,200 - 0.00%Staff training, staff appreciation Page 1 of 5 29 Gorton Community Center 2019 Budget 2016 2017 2018 2019 2019 Bgt vs 2019 Bgt vs Actual Actual Reforecast Budget 2018 Refrcst 2018 Refrcst Notes Total 5017 · Miscellaneous 2,018 (112) 9,330 26,330 17,000 182.21% 5019 · Computer Equip/Maint/Software 18,492 9,668 5,000 10,000 5,000 100.00%Replace Computers 2018 5021 - Strategic Planning Contingency 60,000 60,000 100.00%Board Contingency 5020 - Non-Capital Items 1,595 12,980 11,468 2,780 (8,688) -75.76%Elevator Pads, 2 Drinking Fountains Other Income 4301 · Administrative Fees 4,920 4,920 4,920 4,920 - 0.00%DIC Agreement, $410/month for copies, accountant, cr card fees 4302 · Interest 199 95 1,000 1,500 500 50.00%Operating Acct 4304 · Miscellaneous - 50,750 - - - 0.00%Kinora Settlement 4306 - Distributions - Endowment Fund - - - 125,000 125,000 0.00%See subschedule for calculation Total Operations Expense 680,888 663,937 768,163 740,288 (27,875) -3.63% (265,514) (278,616) (326,098) (281,837) 44,261 -13.57% Programs & Events - Income Programs 4102 · PASTA 110,822 98,590 120,000 120,000 - 0.00%2 Plays in Spring, 1 in Summer, 3 In Fall; Enrollment is maxed out 4101 - Fencing 5,940 5,000 5,400 400 8.00% 4100 - Knitting 1,710 1,800 960 (840) -46.67% 4103 · Yoga 2,222 2,751 3,507 3,500 (7) -0.20% 4106 - Sewing 2,150 7,845 20,000 20,000 - 0.00% 4107 · Bridge 2,810 4,133 5,095 5,000 (95) -1.86% 4109 · Cooking Classes 8,175 9,315 12,500 10,000 (2,500) -20.00%8 Classes per year 4111 · Other 11,370 31,957 35,000 35,000 - 0.00%Soccer Stars, lm App, Book Club, NS Distillery, Tai Chi, Self Improve 4112 · Manners - 1,725 9,000 9,000 - 0.00% 4113 · Bubbles Academy 2,100 2,127 1,050 1,050 - 0.00%Program discontinued; renamed Wiggleworms 4116 - Computer/Photo 2,200 2,335 1,500 1,500 - 0.00% 4125 - Music Lessons 11,463 1,097 300 300 - 0.00%Instructor has rented studio on 2nd floor of Gorton 4100 - Meditation 2,160 3,500 1,340 62.04% 4100 - Palette & Pours 1,500 2,000 500 33.33% 4100 - Improv & Acting 5,000 5,500 500 10.00%Acting, Film Camp 4100 - High School Prep 4,000 4,500 500 12.50% 4122 - Sylvan Partnership/Robothink 22,939 4,729 5,000 5,500 500 10.00% 176,251 174,253 232,412 232,710 298 0.13% Events 4117 - Safety Town 13,430 13,483 26,721 27,000 279 1.04% 4118 - Dog Day 4,228 215 1,355 1,500 145 10.70% 4119 - Film Festival & Series 12,478 16,207 45,000 55,000 10,000 22.22%Childrens Film Fest, Summer, Holiday, Spring Series, Mountain Film, 1st Thurs 4130 - Gene Siskel Film Series 8,130 4,196 1,700 - (1,700) -100.00%Discontinued 4125 - Hughes Distribution - 16,999 20,546 18,500 (2,046) -9.96%To cover film cost overages 4120 - Family Concerts 413 12,573 10,815 11,000 185 1.71%large musical event in spring, small fall event 4121 - Kids Only Holiday Shoppe 2,486 1,813 1,500 1,500 - 0.00% 4123 - Speakers - - - - - 0.00% 4201 - Grotto 6,873 7,187 9,000 9,000 - 0.00% 4123 - PAC Committee 8,372 - - - - 0.00% 4128 - Greater Good 52,490 50,000 (2,490) -4.74%Kellogg Partnership 4204 - Other 340 35,907 22,000 35,000 13,000 59.09%2 StoryTelling Events, 4 Concert Events, Block Party 4205 - Event Sponorships 35,000 35,000 100.00%New Classification for 2019 4202 - Jazz Tickets 3,140 3,200 3,710 3,700 (10) -0.27%Red Rose Concert 59,890 111,777 194,837 247,200 52,363 26.88% Total Program & Event Revenue 236,141 286,031 427,249 479,910 52,661 12.33% Programs & Events - Expense Programs Page 2 of 5 30 Gorton Community Center 2019 Budget 2016 2017 2018 2019 2019 Bgt vs 2019 Bgt vs Actual Actual Reforecast Budget 2018 Refrcst 2018 Refrcst Notes 5102 · PASTA Expense 71,680 63,162 78,000 78,000 - 0.00%60% of fees plus expenses for Summer Camp 5101 - Fencing 2,268 5,000 3,500 (1,500) -30.00% 5100 - Knitting 1,026 900 550 (350) -38.89% 5103 · Yoga 773 707 1,000 1,750 750 75.00% 5106 - Sewing 1,075 5,475 12,000 12,000 - 0.00% 5107 · Bridge 753 98 2,500 2,500 - 0.00%50% of fees 5109 · Cooking Class 6,800 7,450 8,000 6,500 (1,500) -18.75%$50/person 5111 · Other 8,121 15,654 17,000 17,000 - 0.00% 5112 - Manners - 1,877 7,000 7,000 - 0.00% 5116 - Computer/Photo 1,295 1,388 1,000 1,000 - 0.00%Digital SLR, Iphone Photo 5100 - Meditation 1,000 1,700 700 70.00% 5100 - Palette & Pours 1,000 1,750 750 75.00% 5100 - Improv & Acting 3,500 3,750 250 7.14%Acting, Film Camp 5100 - High School Prep 1,800 2,250 450 25.00% 5122 - Sylvan Partnership/Robothink 12,280 2,016 2,000 3,250 1,250 62.50%60% of fees 102,776 101,120 141,700 142,500 800 0.56% Events 5117 - Safety Town 2,151 2,686 8,921 7,000 (1,921) -21.53%Many 1st time expenses covered in 2018 for added programming 5118 - Dog Day 1,869 580 487 500 13 2.67% 5119 - Film Festival & Series 15,222 13,421 28,000 35,000 7,000 25.00% 5130 - Gene Siskel Film Series 6,367 3,599 2,840 - (2,840) -100.00%Discontinued 5120 - Family Concerts 656 5,701 6,817 7,000 183 2.68%Small spring event (Cat in the Hat), Large fall event (Disney) 5121 - Kids Only Holiday Shoppe 827 1,333 1,000 1,000 - 0.00%No changes from 2017 5201 - Grotto 2,987 2,634 2,900 2,900 - 0.00%DJ, decorations, porter 5123 - PAC Committee 5,669 - - - - 0.00% 5204 - Other 1,990 23,099 20,000 25,000 5,000 25.00%2 StoryTelling Events, 4 Concert Events, Block Party 5202 - Jazz 1,544 1,225 1,400 1,400 - 0.00%Red Rose Concert 39,283 54,277 72,365 79,800 7,435 10.27% Total Program & Events Expense 142,059 155,397 214,065 222,300 8,235 3.85% Programs & Events, net 94,082 130,634 213,184 257,610 44,426 20.84% Drop-In Center - Income 4401.1 - Enrollment 21,040 15,531 15,000 22,000 7,000 46.67%Return to enrollment fee in 2019 vs 2018 punch card enrollment 4402 · Hourly 183,816 209,637 210,300 217,000 6,700 3.19% 4403 - Lunch Bunch 11,041 8,295 10,000 10,000 - 0.00%Nets to zero against Lunch Expense 4404 · Camp Gorton/Mini Camps 34,209 37,761 40,280 41,500 1,220 3.03%Reducing number of mini camps 2019; Safety Town budgeted with programs in 2019 4405 · Other 4405.04 · Other-Donations 5,000 5,000 1,243 1,000 (243) -19.55%Fundraiser 4405.1 · Book Fair 30 50 - - - 0.00% Total 4405 · Other 5,030 5,050 1,243 1,000 (243) -19.55% Total Revenue, Drop-In Center 255,136 276,274 276,823 291,500 14,677 5.30% Drop-In Center - Expense 5401 · Payroll 5401.01 · Drop In Center 173,015 202,259 186,585 193,000 6,415 3.44% 5401.04 · Taxes 13,360 15,257 14,274 14,765 491 3.44%7.65% of payroll 5401.05 · Payroll Fees 1,290 1,456 1,614 1,700 86 5.33%est $62/payroll Total 5401 · Payroll 187,665 218,972 202,473 209,465 6,992 3.45% 5402 · Administrative Services 4,920 4,920 4,920 4,920 - 0.00%Payable to GCC for copies, cr card fees, admin 5403 · Rent 48,516 49,968 51,470 53,014 1,544 3.00%3% increase 5404 · Telephone 708 999 850 1,000 150 17.65% 5405 · Staff Development/Education - - 400 1,500 1,100 275.00%Staff Meetings 5406 · Office Supplies 634 346 360 350 (10) -2.78%Toner, misc supplies 5407 · Classroom Supplies 1,242 2,193 1,360 1,000 (360) -26.47% Page 3 of 5 31 Gorton Community Center 2019 Budget 2016 2017 2018 2019 2019 Bgt vs 2019 Bgt vs Actual Actual Reforecast Budget 2018 Refrcst 2018 Refrcst Notes 5407.1 - Snack Expense 1,289 843 1,500 1,000 (500) -33.33% 5407.2 - Lunch Expense 9,434 10,223 10,000 10,000 - 0.00%Nets against Lunch Bunch Income 5408 · Cleaning & Laundry 4,454 4,535 5,400 5,000 (400) -7.41%$409/mo, $500 for carpet/tile cleaning 5409 - Marketing 419 - 500 400 (100) -20.00%Adding Parent Resource shelf, open house and parent coffees in 2017 5410 · Camp 1,593 3,781 1,500 600 (900) -60.00%Camp Gorton, mini camp expenses 5413 · Classroom Equipment 670 - - 1,000 1,000 0.00%Painting, misc equipment 5414 · Miscellaneous 1,185 1,054 2,500 2,000 (500) -20.00%Food Service Permit, Parent Coffees, health record service Total Expense, Drop-In Center 262,729 297,833 283,233 291,249 8,016 2.83% Drop-In Center, net (7,593) (21,560) (6,410) 251 6,661 -103.92% Total Gorton Operations (179,025) (169,542) (119,325) (23,976) 95,349 -79.91% 5021 - Depreciation Expense (257,902) (259,173) (262,418) (270,000) (7,582) 2.89%Based on projected 2019 Cap Exp (436,926) (428,715) (381,743) (293,976) 87,767 -22.99% Unrestricted Activity Donations - Income 4501 - General Donations 4501.13 - Spring/Fall Appeal 266,237 222,927 200,000 (200,000) -100.00% 4501.51 - Unrestricted - Individual 19,105 8,003 35,000 (35,000) -100.00%General Donations, Annual Fund Giving 4501.52 - Unrestricted - Corporation 200 13 15,000 (15,000) -100.00%General Donations 4501.53 - Unrestricted - Foundation 1,011 20,017 35,000 (35,000) -100.00%General Donations 4501 - 1 Quarter Donations 45,000 New Classification 2019 4501 - Spring Appeal 30,000 New Classification 2019 4501 - 3rd Quarter Donations 30,000 New Classification 2019 4501 - Fall Appeal 160,000 New Classification 2019 4501.80 - In-Kind Donations 1,217 31,000 6,950 7,680 730 0.00%Safety Town Storage $640/mo 4501 - Discount on Pledges 1,261 5,505 - - - 0.00% 289,030 287,464 291,950 272,680 (19,270) -6.60% Donations - Expense 45,304 56,650 63,500 72,000 8,500 13.39%2 Appeals, Event, Development Director Salary & Taxes, Cultivation, New Position, Unrestricted Donations, net 243,726 230,815 228,450 200,680 (27,770) -12.16% Annual Report (Appeal cost has decreased with new vendor), Event Events Committee 4504.1 - Income 81,226 65,815 30,000 35,000 5,000 16.67%Board Fundraiser Event in 2019 5504.1- Fundraising Expenses 33,172 37,087 15,000 15,000 - 0.00%Board Fundraiser Event in 2019 Events Committee, net 48,054 28,728 15,000 20,000 5,000 33.33% Unrestricted Activity, net 291,780 259,542 243,450 220,680 (22,770) -9.35% Temporarily Restricted Activity 6005 - Restricted Fund Income 73,935 65,778 59,198 - (59,198) -100.00% 6004 - Restricted Fund Expenditure (71,263) (146,065) (120,448) - 120,448 -100.00% Temporarily Restricted Activity, net 2,672 (80,286) (61,250) - 61,250 -100.00% Permanently Restricted Activity Hughes Film Series 6010 - Hughes Film Series Income 11,285 12,781 14,000 15,000 1,000 7.14% 6011 - Management Fees (5,056) (5,303) (5,600) (5,800) (200) 3.57%1% of projected balance of $577,825 6013 - Unrealized Gain/Loss on Investments 28,679 50,077 - - - 0.00% 6015 - Draws on Investment Acct - (16,999) (20,546) (18,500) 2,046 -9.96%Draw for film expenses Hughes Film Series Activty, net 34,908 40,556 (12,146) (9,300) 2,846 -23.43% Page 4 of 5 32 Gorton Community Center 2019 Budget 2016 2017 2018 2019 2019 Bgt vs 2019 Bgt vs Actual Actual Reforecast Budget 2018 Refrcst 2018 Refrcst Notes Permanently Restricted Donations 6002 - Realized Gain/Loss on Investments - 25,203 - - - 0.00% 6003 - Unrealized Gain/Loss on Investments 177,750 326,754 - - - 0.00% 6006 - Income from Investments 45,723 75,326 70,000 75,000 5,000 7.14% 6011 - Draws on Investment Acct - - - (125,000) (125,000) 0.00%See subschedule 6007 - Permanently Restricted Donations 108,323 95,000 130,000 25,000 (105,000) -80.77%Donations to Endowment 6008 - Gain/Loss on Stock Sale (230) (33) - - - 0.00%Gain/Loss on stock gift holding period 6008 - Management Fees (19,054) (29,368) (35,000) (46,500) (11,500) 32.86%1% of projected balance of $4,648,836 Permanently Restricted Donation Actvity, net 312,513 492,882 165,000 (71,500) (236,500) -143.33% Total Permanently Restricted Activity 347,420 533,438 152,854 (80,800) (233,654) -152.86% Total Unrestricted, Temp Restr, Perm Restr Activity 641,873 712,694 335,054 139,880 (195,174) -58.25% Net Income/Loss 204,946 283,979 (46,688) (154,096) (107,408) 230.05% Page 5 of 5 33 2011 2012 2013 2014 2015 2016 2017 2018 2018 2019 2020 2021 2022 2023 2024 2025 2026 (FY12)(FY13)(FY14)(FY15)(FY16)(FY17)(FY18)(FY19)(FY19)(FY20)(FY21)(FY22)(FY23)(FY24)(FY25)(FY26)(FY27) Total Actuals Actuals Actuals Actuals Actuals Actuals Budget Est. Actuals 1 HVAC engineering and replace first 3 split systems 28,640$ 28,640$ Reduced FY14 by $17K for Emg. RTU replacement 12/4/12 \ rolled from Fy14 to FY15 2 HVAC replace 2 split systems (per year)33,475$ -$ -$ -$ 16,187$ 23,475$ -$ -$ 10,000$ See Line Item #11. Also Added 10K to FY18 & FY20 HVAC 3 Northwest Patio / Drainage Repairs -$ 35,000$ Moved from FY14; repairs sufficient at this time 4 West main Entrance Door Replacement 20,000$ 20,000$ Originally moved from FY16 to FY15 / rolled to FY16 5 HVAC 25 ton Auditorium Unit replacement ( FY 19 is 20 years)25,764$ 25,764$ -$ -$ Emerg Repl 12/4/12 - Removed FY '19 6 HVAC 20 Ton D.I.C. unit replacement ( FY19 is 20 years)25,764$ 25,764$ -$ Emerg Repl 12/4/12 - Removed FY '20 7 D.I.C. main entrance Replacement 30,000$ 30,000$ Moved from FY17 to FY21 / revaluate the need for footings in FY21 8 Small flat roof replacement & East flat roof 65,000$ 65,000$ Combined with upper East roof and moved to FY22 9 Replace Stuart Room windows 43,157$ 43,157$ 8 Windows replaced in conjunction with the FY15 renovation 11 Line item #2 FY15 & FY16 Fund Reallocated for Renovation Project 40,000$ 40,000$ 12 Additional Non-Budgeted Funding Allocated for Renovation Project 25,000$ 25,000$ 13 Art Room HVAC 6,985$ 6,985$ Emergency replacement /originally budgeted in line 2 FY15 14 Replace 5 Ton RTU for Stuart Community Room -$ Replaced during the FY15 renovation 15 Replace Hot Water Heater 8,000$ 4,000$ 4,000$ 16 Iron fence painting and landscaping 19,950$ 12,860$ 7,090$ 17 Front Entry Wood Ceiling Sealant 6,375$ 3,375$ 1,500$ 1,500$ Reseal every 5 years 18 Sprinkler Head Replacement (50+years old)3,726$ 3,726$ 19 Exterior window and trim painting (per year)-Completed 2013 Painting 79,512$ 12,860$ 4,530$ 4,670$ 6,500$ -$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Moved FY17 funds to cover unfunded rekeying project. 20 North side Scupper Drains (2 or 3)1,500$ 1,500$ Unfunded / move from FY16 to FY21 21 Wood fence repairs for DIC playground 3,950$ 3,950$ Fence posts replaced in FY13 / total fence replace FY 23 22 Replacement of stairs & railing off East stage exit 4,400$ 4,400$ 23 Exterior stucco repairs 33,245$ 8,230$ 5,140$ All exterior stucco repairs completed in FY13 24 Rekeying of entire building (108 doors @ $60/door)-$ 13,219$ One-Time Rekeying; purchase IC Cores & pinning/ moved from FY15 to FY16 (135 doors )*** 25 Security Camera System 6,183$ 6,183$ One-Time Improvement 26 Roof Maintenance (Winter 2014)26,307$ 1,490$ -$ 2,000$ 5,317$ 2,500$ 2,500$ 3,000$ 3,000$ 3,000$ 3,500$ 3,500$ 27 New flagpole 8,540$ 8,540$ Removed lighting from estimate. Funds used from tuckpointing funds 28 Cupolas repaired and painted 8,000$ 8,000$ Exterior Painting and Roof maintenance allowance used for this 29 HVAC repair parts 898$ 898$ 30 Fire Alarm duct detectors 2,205$ 2,205$ 31 HVAC Engineering costs 920$ 920$ 32 Tuck-pointing and exterior masonry repairs 9,880$ 9,880$ Rolled over from FY18 to FY19 33 Theatre flood relief drain 9,075$ 9,075$ Interior drain to isolated sump / rolled over from FY18 to FY19 34 Additional cost for West entry door work by Laduke & Assoc.7,670$ 7,670$ Cost covered by FY17 flagpole funds 35 Proposed flagpole lighting -$ -$ Proposed joint purchase with Gorton (new FY18) 36 Chimney repairs 60,000$ 30,000$ 30,000$ 37 Stage Hand rails 788$ 788$ 38 Survey by Bleck 1,750$ 1,750$ 39 Historic mortar 1,397$ 1,397$ 40 Theater exit sidewalk improvements 35,000$ 35,000$ 41 -$ 42 -$ 683,056$ 22,580$ 85,511$ 25,964$ 144,797$ 35,485$ 37,076$ 60,222$ 43,000$ 43,000$ 53,000$ 39,500$ 73,000$ 8,500$ 43,500$ -$ -$ -$ The City’s obligation to perform the responsibilities set forth in this Section 10.D.2 shall be subject to the City Council authorizing sufficient funds for performing such responsibilities in the Council’s sole and absolute discretion, and the failure or refusal of the City Council to so authorize sufficient funds shall not be a breach of any obligation of the City under the Agreement, even if such a failure or refusal requires the GCC to modify its use, occupancy, or programming relating to the Property. ***Amount increased to $15,500 due to additional doors and increased cost ( original amount of $6,500 / Additional funds from; $2,000 from HVAC, $4,500 from Roof maint, $1,500 from Scupper drains, & $1,000 from flagpole) Gorton costs for replacement of interior locksets to meet ADA codes is $9,839. 10 Parking Lot - Resurface 160,000$ 160,000$ Moved to FY19 under the engineering department Priority 2 Landscape Design 7,500$ 7,500$ City's contribution to the landscape design Drainage engineering costs -$ 5,600$ GeWalt Engineering costs -$ -$ Total City Responsibility Cost 850,556$ 85,511$ 25,964$ 144,797$ 35,485$ 42,676$ 67,722$ 43,000$ 43,000$ 213,000$ 39,500$ 73,000$ 8,500$ 43,500$ GORTON COMMUNITY CENTER - CAPITAL PROPERTY PROJECTS Gorton Community Center Capital Budget (City's Responsibility) City's Responsibility (Gorton Maintenance CIP) Comments Prepared 10.9.13 Last Revised 10.01.18 City's CIP 34 2011 2012 2013 2014 2015 2016 2017 2018 2018 2019 2020 2021 2022 Total (FY12)(FY13)(FY14)(FY15)(FY16)Actual Actual (FY19)Actual (FY20)(FY21)(FY22)(FY23) C. Master Renovation Plan Total Project Cost 4,341,918$ $4,341,918 Understage Subwoofer Installation & Connection 5,334$ 5,334$ Center Stage Rigging & Installation 6,200$ 6,200$ 4,353,452$ -$ -$ -$ -$ 11,534$ -$ -$ -$ -$ -$ D. GCC Capital Expenditures 1 Cleaning & Inspection of Auditorium Murals 5,000$ 5,000$ In Progress 2 Two entrance signs for Gorton 10,000$ Moved to 2020 10,000$ 3 Update Bathrooms 70,000$ Moved to 2018-2020 30,000$ In Progress 10,000$ 30,000$ 4 DIC Playground Equipment/Flooring Replacement 77,723$ 52,723$ 25,000$ 5 Replacement of air conditioner 11,475$ 11,475$ 6 Keyless Access System for Exterior Doors (Note 1)37,100$ 37,100$ 7 Wood Floor Refinishing 7,500$ 3,500$ 4,000$ 8 Concrete flooring sealant (all floors in North Addition)7,500$ 7,500$ 9 Painting interior of building including public rooms & halls 43,000$ 8,000$ pending 8,500$ 8,500$ 9,000$ 9,000$ 10 Lower level hall and annex cement grinding/staining 41,720$ 41,720$ 11 New Website 30,000$ 30,000$ 12 Contingency - 2015 Renovation -$ 13 Theater Board Cover -$ 14 Update Grotto -$ 15 Replace Carpet in Nagel Room 5,000$ 5,000$ 16 Security cameras for Gorton main floor 10,000$ 10,000$ Expensed 17 Folding Chairs (200 @ $28)5,600$ 5,600$ pending 18 Water Heater 11,350$ 11,350$ city covered 19 Big Blue Blocks 7,500$ 7,500$ postponed 20 Theater Lighting 32,190$ 7,190$ 7,190$ 25,000$ 21 Sealcoat and Stripe Parking Log 6,000$ 6,000$ In Progress 22 Card Tables 1,400$ 1,400$ Expensed 23 Refinish DIC Cement Flooring - Carpeted 5,746$ 20,000$ 5,746$ 24 Draperies - Friends/1861 - Not Budgeted 5,800$ 5,800$ 25 Commercial Refrigerator - Not Budgeted 4,541$ 4,541$ 26 Office and lower level kitchen update 15,000$ 5,000$ 10,000$ 27 Mac Laptop 5,000$ -$ 5,000$ 28 Handrail for Theater Stairs 3,500$ 3,500$ 29 Stage Monitor Patch 4,500$ 4,500$ 4,500$ 464,145$ -$ 11,475$ 52,723$ -$ 41,720$ -$ 67,100$ 116,540$ 27,778$ 90,500$ 58,500$ 13,000$ 16,500$ 4,817,597$ -$ 11,475$ 52,723$ -$ 41,720$ 11,534$ 67,100$ 116,540$ 27,778$ 90,500$ 58,500$ 13,000$ 16,500$ 5,668,154$ -$ 96,986$ 78,687$ 144,797$ 77,205$ 79,256$ 110,100$ 329,540$ 67,278$ 163,500$ 67,000$ 56,500$ 16,500$ Total Gorton Capital Improvements (C and D) Grand Total Capital Project Requests Gorton Community Center Capital Budget (Gorton's Responsibility) 35 Actual Actual ACTUAl ESTIMATE BUDGET PROJECTED PROJECTED PROJECTED PROJECTED 2015 2016 2017 2018 2019 2020 2021 2022 2023 Fund Balance 1/1 7,502,443 8,407,074 8,612,019 8,895,998 8,849,310 8,695,214 8,536,495 8,373,015 8,204,630 Revenue Room Rentals/Leases 363,454 415,374 385,321 442,065 458,451 472,205 486,371 500,962 515,991 Programs and Events 227,521 236,141 286,031 427,249 479,910 494,307 509,137 524,411 540,143 Drop In Center 249,757 255,136 276,274 276,823 291,500 300,245 309,252 318,530 328,086 Unearned Revenue/Contributions 761,360 291,780 259,542 243,450 220,680 227,300 234,119 241,143 248,377 Total Revenue 1,602,092 1,198,431 1,207,168 1,389,587 1,450,541 1,494,057 1,538,879 1,585,045 1,632,597 Expenses Administration 543,876 680,888 663,937 768,163 740,288 762,497 785,372 808,933 833,201 Programs and Events 120,656 142,059 155,397 214,065 222,300 228,969 235,838 242,913 250,201 Drop In Center 255,135 262,729 297,834 283,233 291,249 299,986 308,986 318,256 327,803 Total Expenses 919,667 1,085,676 1,117,168 1,265,461 1,253,837 1,291,452 1,330,196 1,370,102 1,411,205 Operating Income 682,425 112,755 90,000 124,126 196,704 202,605 208,683 214,944 221,392 Depreciation Expense (133,102)(257,902)(259,173)(262,418)(270,000)(278,100)(286,443)(295,036)(303,887) Temporarily Restricted Activity, Net 490,604 2,672 (80,286)(61,250)0 0 0 0 0 Permanently Restricted Activity, Net 46,738 347,420 533,438 152,854 (80,800)(83,224)(85,721)(88,292)(90,941) Other (182,034) Net Income 904,631 204,945 283,979 (46,688)(154,096)(158,719)(163,480)(168,385)(173,436) Fund Balance 12/31 8,407,074 8,612,019 8,895,998 8,849,310 8,695,214 8,536,495 8,373,015 8,204,630 8,031,193 Check: ending FB audit report 8,407,074 8,612,019 8,895,998 Difference 0 0 0 *Note that Permanently Restricted Activity, net includes a 3% draw on on the investment account and does not reflect any unrealized gain or loss on the investments Gorton Community Center FIVE YEAR FORECAST 36 Attachment 1 PROJECTED 2018 EQUALIZED ASSESSED VALUATION Based on information from the County Clerk's Office the projected Equalized Assessed Valuation (EAV) of property in The City of Lake Forest for the tax year 2018 is as follows: 2017 EAV for The City of Lake Forest 2,532,266,902 Estimated average change to existing property 1.39% 2018 EAV for existing property 2,567,581,121 Total Estimated New Construction Growth for 2018 11,423,750$ Total Projected EAV for 2018 Tax Levy 2,579,004,871$ COMPUTATION OF MAXIMUM TAX EXTENSION FOR 2018 UNDER THE PROPERTY TAX EXTENSION LIMITATION ACT A.Tax Levy Extensions for the 2017 Tax Year (Excluding Debt 29,225,248$ Service, Special Rec and partial Fire Pension Tax Levy Extension) B.Total Projected EAV for 2018 Tax Levy 2,579,004,871$ C.Total Estimated New Construction Growth for 2018 11,423,750$ D.CPI Increase for 2018 Levy 2.10% Step 1 Numerator of Limiting Rate:29,225,248$ X 102.100%=29,838,978$ Step 2 Denominator of Limiting Rate:2,579,004,871$ -11,423,750 =2,567,581,121$ Step 3 Limiting Rate (Per $100 EAV):29,838,978$ /2,567,581,121 =0.01162$ Step 4 Maximum Tax Extension for 2018 Tax Year 2,579,004,871$ X 0.01162$ =29,971,739$ (Excluding Debt Service Tax Levy Extension): Step 5 Added Tax Levy Extension Based on New =132,760$ Growth (Step 4 minus Step 1) Aggregate Levy - Truth in Taxation Estimate:102.55% Tax Cap 2.10% TIF 0.00% New Construction 0.45% 2.55% ESTIMATING EQUALIZED ASSESSED VALUATION, TAX LEVY LIMITATIONS AND NEW GROWTH PROJECTIONS FOR 2018 11/27/20187:57 AM taxlevy2018_final.xlsx 37 The City of Lake Forest Tax Levy 2018 Attachment 2 FUND 2018 LEVY 2017 Extension $ CHANGE % CHANGE General $13,754,277 14,367,558 (613,281)-4.27% Pension Funds IMRF/SS - Funded Ratio 98.83%1,223,222 1,198,062 25,160 2.10% Police Pension - Funded Ratio 54.2%2,194,845 2,105,909 88,936 4.22% Fire Pension - Funded Ratio 70.64%1,555,240 1,455,876 99,364 6.83% Sub-Total Pension Funds 4,973,307 4,759,847 213,460 4.48% Other Funds Recreation and Parks 4,622,871 4,527,787 95,084 2.10% Recreation and Parks-IMRF/SS 567,923 556,242 11,681 2.10% Special Recreation 0 Capital Improvements 1,730,225 816,750 913,475 111.84%2008 Bond Call Recreation and Parks/Specific Purpose 125,000 125,000 0 0.00% Library 3,746,077 3,669,027 77,050 2.10% Library-sites 411,500 403,036 8,464 2.10% Sub-Total Other Funds 11,203,596 10,097,842 1,105,754 10.95% TOTAL LEVY UNDER TAX CAP 29,931,180 29,225,247 705,933 2.42% Bond Funds (Cap - $3,525,580) 2010/2013 GO Bonds MS/CIP 1,147,307 1,018,105 129,202 12.69%Add Sequestration 2009 GO Bonds Western 278,195 278,745 (550)-0.20% Extension Adjustment 15,219 (15,219) 2015 GO Bonds - CIP 227,613 224,738 2,875 1.28% Sub-Total Bond Funds 1,653,115 1,536,807 116,308 7.57% TOTAL TAX LEVY BEFORE NEW GROWTH and ALLOWANCES 31,584,295 30,762,054 822,241 2.67% Fire Pension PA 93-0689 91,328 86,122 5,206 6.04% Special Recreation 474,817 465,051 9,766 2.10% Plus New Growth 132,760 132,760 N/A GRAND TOTAL TAX LEVY 32,283,200 31,313,227 969,973 3.10% Aggregate Levy (Truth in Taxation)30,630,085 29,776,420 853,665 2.87%Public hearing if increase >5.0% DISTRIBUTION OF GROWTH General Fund Levy -116,144$ Library Levy -16,616 TOTAL NEW GROWTH 132,760$ Public Safety pension fee 11/27/20187:57 AM taxlevy2018_final.xlsx 38 The City of Lake Forest Tax Levy 2018Attachment 3 FUND 2018 LEVY 2017 Extension $ CHANGE % CHANGE General $13,870,421 14,367,558 (497,137)-3.46% Pension Funds IMRF/SS 1,223,222 1,198,062 25,160 2.10% Police Pension 2,194,845 2,105,909 88,936 4.22% Fire Pension 1,646,568 1,541,998 104,570 6.78% Sub-Total Pension Funds 5,064,635 4,845,969 218,666 4.51% Agency Funds Recreation and Parks 4,622,871 4,527,787 95,084 2.10% Recreation and Parks-IMRF/SS 567,923 556,242 11,681 2.10% Recreation and Parks-Specific Purpose 125,000 125,000 0 Special Recreation 474,817 465,051 9,766 2.10% Capital Improvements 1,730,225 816,750 913,475 Library 3,762,693 3,669,027 93,666 2.55% Library-sites 411,500 403,036 8,464 2.10% Sub-Total Agency Funds 11,695,029 10,562,893 1,132,136 10.72% 30,630,085 29,776,420 853,665 2.87% Bond Funds 2010 GO Bonds MS/CIP 1,147,307 1,018,105 129,202 12.69% 2009 GO Bonds Western 278,195 278,745 (550)-0.20% Extension Adjustment 15,219 (15,219) 2015 GO Bonds - CIP 227,613 224,738 2,875 Sub-Total Bond Funds 1,653,115 1,536,807 116,308 7.57% GRAND TOTAL TAX LEVY 32,283,200 31,313,227 969,973 3.10% 11/27/20187:57 AM taxlevy2018_final.xlsx 39 The City of Lake Forest Tax Levy 2018 Explanation of Homeowner Increase Attachment 4 2018 LEVY 2017 Extension $ CHANGE % CHANGE Levy before growth and exclusions 29,931,180$ 29,225,247$ 705,933$ 2.42% Plus growth and exclusions 698,905 551,173 147,732$ TOTAL LEVY UNDER TAX CAP 30,630,085$ 29,776,420$ 853,665$ 2.87% Bond Funds 1,653,115 1,536,807 116,308$ 7.57% TOTAL TAX LEVY 32,283,200$ 31,313,227$ 969,973$ 3.10% Increase excl new growth/exclusions 31,584,295 30,762,054 2.67% 2018 2017 Forecast Actual City Equalized Assessed Value ( EAV)2,579,004,871 2,532,266,902 1/3 market value City Levy 32,283,200 31,313,227 Tax Rate 1.2518 1.2366 levy divided by EAV X 100 Average Home Market Value 811,157$ 800,000$ EAV 270,386 266,667 EAV X Tax Rate/100 3,385$ 3,298$ 87$ 2.64% This is the impact projected on an average existing home. This represents 19.6% (City) and 3.1% (Library) of the entire tax bill. (Impacts on individual properties may differ.) 11/27/20187:57 AM taxlevy2018_final.xlsx 40 TAX LEVY 2018-2019 AN ORDINANCE PROVIDING FOR THE LEVY OF TAXES FOR ALL CORPORATE PURPOSES AND FOR THE PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS, FOR THE FISCAL YEAR COMMENCING MAY 1, 2018 AND ENDING APRIL 30, 2019, WHEREAS, because of legal requirements relating to pension funding, the City is required to increase its annual levy to responsibly meet these obligations; and WHEREAS, because of uncertainties relating to actual and potential Statewide legislation affecting revenue and tax issues for all municipalities, the City is unable to plan with any levy of predictability, which creates a bona fide emergency beyond the City's control for purposes of fiscal planning; and WHEREAS, due to these legal requirements and bona fide emergency, the City is required to increase its annual tax levy at levels exceeding the levels set forth in the "tax cap" law, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS: SECTION 1: That the Annual Appropriation Bill, an ordinance making appropriation for the corporate purposes of The City of Lake Forest and the objects and purposes stated therein according to the departments, and other separate agencies, and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, for the fiscal year commencing May 1, 2018 and ending April 30, 2019 was duly passed the 16th of July, 2018 and thereafter published in pamphlet form as provided by law, which ordinance by reference thereto is hereby made a part of hereof. SECTION 2: That the sum of sixty-four million, two hundred fifty eight thousand, four hundred and eight dollars ($64,258,408) having heretofore legally appropriated for all corporate purposes of The City of Lake Forest and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, to be collected from the taxes levied for the fiscal year commencing May 1, 2018 and ending April 30, 2019 be and same hereby is levied against all property subject to taxation with The City of Lake Forest as the same is assessed and equalized for State and County purposes for the said fiscal year. That the purposes for which the said amount of sixty-four million, two hundred fifty eight thousand, four hundred and eight dollars ($64,258,408) hereto appropriated and hereby levied, respectively are as follows, to wit: GENERAL FUND Tax Levy Appropriation 2018-2019 General Government Salaries and Benefits 2,455,516$ 1,625,180$ Supplies/Other Services and Charges 5,363,341 3,549,718$ Contingency - to meet expenses of emergencies and optional expenses not otherwise provided for 3,478,437 - TOTAL GENERAL GOVERNMENT 11,297,294$ 5,174,898$ Legal Contractual Services 450,000$ 295,708$ TOTAL LAW 450,000$ 295,708$ 12/03/18 CC - Final Approval 41 Tax Levy Appropriation 2018-2019 Community Development Salaries and Benefits 1,525,768$ -$ Supplies/Other Services and Charges 247,851 - Capital Equipment - - - TOTAL COMMUNITY DEVELOPMENT 1,773,619$ -$ Public Works Administration Salaries and Benefits 368,370$ 359,882 Supplies/Other Services and Charges 85,655 83,681 - TOTAL PUBLIC WORKS ADMINISTRATION 454,025$ 443,563$ Public Buildings Building Maintenance Administration Salaries and Benefits 778,145$ 385,458 Supplies/Other Services and Charges 714,263 353,813 TOTAL PUBLIC BUILDINGS 1,492,408$ 739,271$ Streets Salaries and Benefits 938,600$ -$ Supplies/ Other Service and Charges 740,391 - TOTAL STREETS 1,678,991$ -$ Sanitation Salaries and Benefits 1,197,476$ 301,022$ Supplies/ Other Service and Charges 1,055,173 262,520 TOTAL SANITATION 2,252,649$ 563,542$ Storm Sewers Salaries and Benefits 132,001$ 115,711$ Supplies/ Other Service and Charges 36,668 32,143 TOTAL STORM SEWERS 168,669$ 147,854$ Engineering Salaries and Benefits 512,920$ 247,744$ Supplies/ Other Service and Charges 99,302 47,964 TOTAL ENGINEERING 612,222$ 295,708$ 12/03/18 CC - Final Approval 42 Tax Levy Appropriation 2018-2019 Fire Fire Administration Salaries and Benefits 4,517,083$ 2,430,034 Supplies/ Other Service and Charges 286,501 154,128 Capital Equipment - - Sub-Total 4,803,584$ 2,584,161$ Emergency Medical Services Supplies/ Other Service and Charges 35,300$ 18,990 Sub-Total 35,300$ 18,990$ Fire Suppression Supplies/ Other Service and Charges 108,231$ 58,225 Sub-Total 108,231$ 58,225$ TOTAL FIRE 4,947,115$ 2,661,376$ Police Salaries and Benefits 6,182,132$ 2,976,867$ Supplies/ Other Service and Charges 1,187,127 571,634 TOTAL POLICE 7,369,259$ 3,548,501$ TOTAL AMOUNT APPROPRIATED FROM GENERAL FUND 32,496,251$ 13,870,421$ Less: Total amount appropriated from other sources 18,625,830 other than Tax Levy Sub-Total 13,870,421 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR GENERAL FUND 13,870,421$ ILLINOIS MUNICIPAL RETIREMENT AND SOCIAL SECURITY For ILLINOIS MUNICIPAL RETIREMENT and SOCIAL SECURITY (Excludes Water and Sewer Department, Fleet, Deerpath Golf Course, Cemetery Commission and School District 67) General Fund - IMRF 932,724$ 611,611$ General Fund - Social Security 654,573 611,611 Parks and Recreation Fund - IMRF 385,132 283,962 Parks and Recreation Fund - Social Security 336,541 283,961 - TOTAL AMOUNT APPROPRIATED FROM ILLINOIS 2,308,970$ 1,791,145$ MUNICIPAL RETIREMENT AND SOCIAL SECURITY 12/03/18 CC - Final Approval 43 Tax Levy Appropriation 2018-2019 Less: Total amount appropriated from other sources 517,825 other than Tax Levy Sub-Total 1,791,145 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR ILLINOIS MUNICIPAL RETIREMENT AND SOCIAL SECURITY 1,791,145$ FIREFIGHTERS'S PENSION FUND Other Services and Charges 2,668,552$ 1,555,240$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 275,988 - TOTAL AMOUNT APPROPRIATED FOR PAYMENT TO THE FIREFIGHTERS'S PENSION FUND 2,944,540$ 1,555,240$ Less: Total amount appropriated from other sources other than Tax Levy 1,389,300 Sub-Total 1,555,240 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE FIREFIGHTERS'S PENSION FUND 1,555,240$ Other Services and Charges 91,328$ 91,328$ TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE FIREFIGHTERS'S PENSION FUND LAW PA 93-0869 91,328$ 91,328$ POLICE PENSION FUND Other Services and Charges 2,869,880$ 2,194,845$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 286,988 - TOTAL AMOUNT APPROPRIATED FOR PAYMENT TO THE POLICE PENSION FUND 3,156,868$ 2,194,845$ Less: Total amount appropriated from other sources 962,023 other than Tax Levy Sub-Total 2,194,845 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE POLICE PENSION FUND 2,194,845$ 12/03/18 CC - Final Approval 44 Tax Levy Appropriation 2018-2019 PARKS AND RECREATION FUND Parks and Forestry Administration Salaries and Benefits 2,184,494$ 2,037,669$ Supplies/ Other Service and Charges 595,378 555,361 Capital Equipment 150,000 139,918 Sub-Total 2,929,872$ 2,732,948$ Grounds Maintenance Supplies/ Other Service and Charges 300,000$ 279,836$ Sub-Total 300,000$ 279,836$ Athletic Field Plg/Tennis Supplies/ Other Service and Charges 72,500$ 67,627$ Sub-Total 72,500$ 67,627$ Lake Front Facilities Supplies/ Other Service and Charges 30,000$ 27,984$ Sub-Total 30,000$ 27,984$ Tree Trimming Supplies/ Other Service and Charges 41,250$ 38,477$ Sub-Total 41,250$ 38,477$ Tree Removal Supplies/ Other Service and Charges 16,500$ 15,391$ Sub-Total 16,500$ 15,391$ Insect & Disease Supplies/ Other Service and Charges 19,000$ 17,723$ Sub-Total 19,000$ 17,723$ Tree & Shrub Planting/Care Supplies/ Other Service and Charges 10,500$ 9,794$ Sub-Total 10,500$ 9,794$ TOTAL PARKS AND FORESTRY SECTION 3,419,622$ 3,189,781$ 12/03/18 CC - Final Approval 45 Tax Levy Appropriation 2018-2019 Recreation Recreation Programs Salaries and Benefits 3,001,028$ 874,600$ Supplies/ Other Service and Charges 1,766,356 514,775$ Capital Equipment - -$ Sub-Total 4,767,384$ 1,389,375$ Parks Equipment Reserve 150,000 43,715$ Recreation and Parks Specfic Purpose 125,000 125,000$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 918,368 - TOTAL RECREATION SECTION 5,960,752$ 1,558,090$ TOTAL AMOUNT APPROPRIATED FROM THE PARKS AND 9,380,374 RECREATION FUND Less: Total amount appropriated from other sources 7,822,284 other than Tax Levy Sub-Total 4,747,871 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE PARKS AND RECREATION FUND 4,747,871$ Special Recreation Salaries and Benefits 39,867$ 37,556$ Supplies/Other Services and Charges 286,202 269,609 Capital Improvements 177,971 167,653 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 50,404 - TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR SPECIAL RECREATION 554,444$ 474,817$ Capital Improvements Fund Supplies/Other Services and Charges 6,365 Capital Equipment 815,225 1,730,225 Capital Improvements 6,179,555 Contingency to meet expenses of emergencies and capital improvements not otherwise provided for 479,867 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR CAPITAL IMPROVEMENTS $7,481,012 $1,730,225 12/03/18 CC - Final Approval 46 Tax Levy Appropriation 2018-2019 PUBLIC LIBRARY FUND Library Services Salaries and Benefits 2,380,309$ 2,379,890$ Supplies/Other Services and Charges 1,148,775 1,148,573 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 168,717 - Total Lake Forest Public Library - General 3,697,801$ 3,528,463$ Less: Total amount appropriated from other sources 169,338 other than Tax Levy Sub-Total 3,528,463 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE LAKE FOREST PUBLIC LIBRARY - GENERAL 3,528,463$ Social Security and IMRF Social Security 143,977$ 117,115$ Illinois Municipal Retirement Fund (IMRF)244,666 117,115 Total Lake Forest Public Library - Social Security and IMRF 388,643$ 234,230$ Less: Total amount appropriated from other sources 154,413 other than Tax Levy Sub-Total 234,230 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE LAKE FOREST PUBLIC LIBRARY - SOCIAL SECURITY AND IMRF 234,230$ Library Building Salaries and Benefits 140,438$ 106,735$ Supplies/Other Services and Charges 196,000 148,963 Sub-Total 336,438$ 255,697 Capital Equipment 100,000$ 76,001$ Capital Improvements 105,000 79,801 Sub-Total 205,000$ 155,803$ Total Lake Forest Public Library Building Maintenance and Repair (Sites and Building)541,438$ 411,500$ Less: Total amount appropriated from other sources 129,938 other than Tax Levy Sub-Total 411,500 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE LAKE FOREST PUBLIC LIBRARY - BUILDING MAINTENANCE AND REPAIR 411,500$ 12/03/18 CC - Final Approval 47 Tax Levy Appropriation 2018-2019 Public Schools THE CITY OF LAKE FOREST School District No. 67*** From the Educational Fund 29,533,785$ 26,397,315$ From the Operations, Building and Maintenance Fund 2,664,589$ 5,515,180 From the Capital Projects Fund 7,227,934$ - From the Illinois Municipal Retirement Fund 388,685$ 361,220 From the Social Security Fund 388,685$ 509,964 From the Transportation Fund 1,094,958$ 844,644 TOTAL AMOUNT APPROPRIATED FOR PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST (School District No. 67)41,298,636$ 33,628,323$ TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST (School District 67)33,628,323$ Summary of the Amounts Appropriated From the the Several Funds General 32,496,251$ 13,870,421$ Illinois Municipal Retirement Fund (IMRF)1,317,856 895,573 Social Security 991,114 895,572 Firefighters's Pension 2,944,540 1,555,240 Firefighters's Pension law PA 93-0869 91,328 91,328 Police Pension 3,156,868 2,194,845 Sub-Total 40,997,957$ 19,502,979$ Parks and Recreation 9,380,374$ 4,747,871$ Special Recreation 554,444 474,817 Capital Improvements 7,481,012 1,730,225 Public Library 3,697,801 3,528,463 Public Library - Social Security 143,977 117,115 Public Library - IMRF 244,666 117,115 Public Library - Sites and Building 541,438 411,500 Sub-Total 22,043,712$ 11,127,106$ The City of Lake Forest School District No. 67 *** Educational 29,533,785$ 26,397,315$ Operations, Building and Maintenance 2,664,589$ 5,515,180$ Capital Projects Fund 7,227,934$ -$ Illinois Municipal Retirement Fund 388,685$ 361,220$ Social Security 388,685$ 509,964$ Transportation 1,094,958$ 844,644$ Sub-Total 41,298,636$ 33,628,323$ GRAND TOTAL 104,340,305$ 64,258,408$ *** The City of Lake Forest School District No. 67 will be holding a special meeting and these tax levy numbers could change. 12/03/18 CC - Final Approval 48 Section 3: Severability. If any provision of this Ordinance is declared unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, then that provision shall be deemed severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect. Section 4: The City Clerk of The City of Lake Forest is hereby directed to file a certified copy of this ordinance with the County Clerk of Lake County in the State of Illinois as required by law. Section 5: This ordinance shall be in force and effect ten (10) days after its passage, approval and publication. PASSED THIS ____ day of ________________, 2018 ____________________________________________ City Clerk APPROVED THIS ____ day of ________________, 2018 _____________________________________________ Mayor ATTEST: ______________________________________ City Clerk That this ordinance be published in pamphlet form and be made available to the public at the City Hall service counter. 12/03/18 CC - Final Approval 49 AN ORDINANCE ABATING A PORTION OF THE TAX BEING LEVIED IN 2018 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010-B BOND ISSUE (RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS-DIRECT PAYMENT) WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 19th day of April, 2010 authorize the issuance of Taxable General Obligation Bonds, Series 2010-B (Recovery Zone Economic Development Bonds – Direct Payment) in the amount of $3,000,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the Taxable General Obligation Bonds, Series 2010-B Bond Fund from payments from the U.S. Treasury; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the Taxable General Obligation Bonds, Series 2010-B Bond Issue (Recovery Zone Economic Development Bonds- Direct Payment) due in fiscal year commencing May 1, 2019, therefore a portion of the levy of the tax provided in the original bond ordinance passed April 19, 2010, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2018 Tax Levy of $72,657.00 hitherto provided for and levied in the ordinance providing for the issuance of $3,000,000 Taxable General Obligation Bonds, Series 2010-B (Recovery Zone Economic Development Bonds – Direct Payment) of The City of Lake Forest, Lake County, Illinois passed April 19, 2010. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2010-B 50 AN ORDINANCE ABATING A PORTION OF THE TAX BEING LEVIED IN 2018 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010-C BOND ISSUE (BUILD AMERICA BONDS-DIRECT PAYMENT) WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 19th day of April, 2010 authorize the issuance of Taxable General Obligation Bonds, Series 2010-C (Build America Bonds- Direct Payment) in the amount of $5,425,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the Taxable General Obligation Bonds, Series 2010-C Bond Fund from payments from the U.S. Treasury; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the Taxable General Obligation Bonds, Series 2010-C Bond Issue (Build America Bonds- Direct Payment) due in fiscal year commencing May 1, 2019, therefore a portion of the levy of the tax provided in the original bond ordinance passed April 19, 2010, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2018 Tax Levy of $74,397.55 hitherto provided for and levied in the ordinance providing for the issuance of $5,425,000 Taxable General Obligation Bonds, Series 2010-C (Build America Bonds – Direct Payment) of The City of Lake Forest, Lake County, Illinois passed April 19, 2010. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2010-C 51 AN ORDINANCE ABATING THE TOTAL TAX BEING LEVIED IN 2018 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2011 GENERAL OBLIGATION SERIES 2011-A REFUNDING BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 6th day of September, 2011 authorize the issuance of General Obligation Series 2011-A Refunding Bonds in the amount of $2,415,000 for the purpose of currently refunding certain maturities of the City’s outstanding General Obligation Bonds, Series 1999, 2003C and 2003D and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2011 General Obligation Series 2011-A from sufficient revenues collected from the City owned waterworks and sewerage system; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2011 General Obligation Series 2011-A Refunding Bond Issue due in fiscal year commencing May 1, 2019, therefore the total levy of the tax provided in the original bond ordinance passed September 6, 2011, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2018 Tax Levy of $137,050 hitherto provided for and levied in the ordinance providing for the issuance of $2,415,000 General Obligation Series 2011-A Refunding Bonds of The City of Lake Forest, Lake County, Illinois passed September 6, 2011. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2011A 52 AN ORDINANCE ABATING THE TOTAL TAX BEING LEVIED IN 2018 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2011 GENERAL OBLIGATION SERIES 2011-B REFUNDING BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 6th day of September, 2011 authorize the issuance of General Obligation Series 2011-B Refunding Bonds in the amount of $24,825,000 for the purpose of advance refunding certain maturities of the City’s outstanding General Obligation Bonds, Series 2002A, Series 2004A and Series 2004B and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2011 General Obligation Series 2011-B from sufficient revenues collected from the waterworks and sewerage system, the City’s golf fees and the City’s sales tax; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2011 General Obligation Series 2011-B Refunding Bond Issue due in fiscal year commencing May 1, 2019, therefore the total levy of the tax provided in the original bond ordinance passed September 6, 2011, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2018 Tax Levy of $2,719,250 hitherto provided for and levied in the ordinance providing for the issuance of $24,825,000 General Obligation Series 2011-B Refunding Bonds of The City of Lake Forest, Lake County, Illinois passed September 6, 2011. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2011B 53 AN ORDINANCE ABATING A PORTION OF THE TAX BEING LEVIED IN 2018 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE GENERAL OBLIGATION BONDS, SERIES 2015 BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 3rd day of August, 2015 authorize the issuance of General Obligation Bonds, Series 2015 in the amount of $9,780,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the General Obligation Bonds, Series 2015 Bond Fund from sources other than property taxes; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the General Obligation Bonds, Series 2015 due in fiscal year commencing May 1, 2019, therefore a portion of the levy of the tax provided in the original bond ordinance passed August 3, 2015, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2018 Tax Levy of $362,062.50 hitherto provided for and levied in the ordinance providing for the issuance of $9,780,000 General Obligation Bonds, Series 2015 of The City of Lake Forest, Lake County, Illinois passed August 3, 2015. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2015 54 AN ORDINANCE ABATING THE TOTAL TAX BEING LEVIED IN 2018 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE GENERAL OBLIGATION BONDS, SERIES 2017 BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 15th day of May 2017, authorize the issuance of General Obligation Bonds, Series 2017 in the amount of $9,295,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the General Obligation Bonds, Series 2017 Bond Fund from sufficient revenues collected from the City owned waterworks and sewerage system; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the General Obligation Bonds, Series 2017 due in fiscal year commencing May 1, 2019, therefore the total levy of the tax provided in the original bond ordinance passed May 15, 2017, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2018 Tax Levy of $271,152.50 hitherto provided for and levied in the ordinance providing for the issuance of $9,295,000 General Obligation Bonds, Series 2017 of The City of Lake Forest, Lake County, Illinois passed May 15, 2017. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2017 55 THE CITY OF LAKE FOREST ORDINANCE NO. 2018-_________ AN ORDINANCE APPROVING A FEE SCHEDULE FOR THE CITY OF LAKE FOREST WHEREAS, The City has established various fees and charges as part of its codes, ordinances, rules, regulations, and policies, which fees and charges are reviewed from time-to-time; and WHEREAS, the City Council has reviewed such fees and charges, and hereby determines that it is necessary to adjust certain existing fees and charges, and/or to establish formally other fees and charges; and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Approval of Fee Schedule. The City Council hereby approves the fee schedule set forth in Exhibit A (“Fee Schedule”). To the extent any provision of any code, ordinance, regulation, rule, or policy of the City is 56 2 contrary to the Fee Schedule, such provision is hereby deemed amended so that the Fee Schedule shall control. Any fee or charge not otherwise listed on the Fee Schedule shall remain unchanged and in full force and effect. SECTION THREE: Effective Date of Fee Schedule. The fees and charges set forth on the Fee Schedule shall take effect as of the date noted on the Fee Schedule. SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2018 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2018 _____________________________ Mayor ATTEST: _______________________________ City Clerk 57 3 Exhibit A Schedule of Fees and Charges 58 DRAFT - 12/03/18 CC Final Approval Pending 1 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue 1. Public Works Water Utility Fees/Charges Turn Off Water Fee 51.064 Water 75 Turn Off Water Fee After Hours 51.064 Water 100 Turn On Water Fee 51.064 Water 75 Turn On Water Fee After Hours 51.064 Water 100 Water Main Taps:Water 1 Inch 51.030(b)Water 500 1-1/2 Inch 51.030(b)Water 1,000 2 Inch 51.030(b)Water 1,300 3,4,6 and 8 inch taps 51.030(b)Water 900 Water Meter Fees:Water 3/4 Inch 51.045(e)Water 470 1 Inch 51.045(e)Water 540 1-1/2 Inch 51.045(e)Water 910 2 Inch 51.045(e)Water 1,165 3 inch 51.045(e)Water 2,615 4 inch 51.045(e)Water 3,950 6 inch 51.045(e)Water 6,840 Water Meter Contractor Bond 51.015 Water 1500 100.00%0 Plant Investment Fee - SF 52.15 Water 2,900 Multi-Family Dwelling - new structure 52.15 Water 2,652 Residential pools, sprinkler systems 52.15 Water 459 Nonresidential buildings - new structures and additions 52.15 Water 1.02/sq ft of entire Water interior area of the building Institutional buildings - new structure and additions 52.15 Water .94/sq ft of entire only if eligible for fed and state tax exempt status Water interior area of the building General Fees Sticker for Leaf/Grass Bags 50.016 General 1.00 per sticker Sanitation Special Pickup 50.039 ( c)General $ 40 per cubic yard White Goods 50.015 General 65 White Goods W/CFC 50.015 General 90 Monthly refuse collection fee 50.021 General 8.00 Per month 55 Gallon Recycle Cart/Fee for extra cart only General 55 75 36.36%0 Exhibit A 59 DRAFT - 12/03/18 CC Final Approval Pending 2 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Licenses Scavengers - collects and disposes of multi-family and 50.055 1,500 per company commercial waste Scavengers - collects and disposes of residential and 50.055 750 per company commercial roll -offs Scavengers - collection and cleaning of portable toilets 50.055 200 per company 2. Community Development Water Utility Fees/Charges Water Service Inspection Fee N/A Water 50 Home Inspection Fee 51.065 Water 150 Home Inspection Fee - Re-Inspection 51.065 Water 50 Home Inspection Waiver 51.065 Water 25 General Fees Zoning Analysis 159.052 General 100 Tree fencing inspection fee N/A 240 135 -43.75%-11025 Building & Development Fees: Service Contracts: Lake Bluff N/A General Per Agreement Bannockburn N/A General $5,000 min. N/A & 50% over that Plan Review : Remodeling up to $12,000 150.145 General 55 $12,001 to $48,000 Remodeling 150.145 General 82 $48,001 - $120,000 Remodeling 150.145 General 138 over $120,000 Remodeling 150.145 General 230 Additional fee for plan reviews that require more than 2 hours 150.145 General $55 per additional hour New Construction - SFD 150.145 General 400 New Construction - 2FD 150.145 General 230/unit New Const. - Com. & Multi. Fam.150.145 $572+$50/ 3 or more units 150.145 1,000 Sq. Ft. Plan Re-Submittal Fee 150.145 General $ 140 per re-submittal Alterations to Approved Plans 150.145 General $ 140 + $55 per hour fee for reviews requiring more than 2 hours 60 DRAFT - 12/03/18 CC Final Approval Pending 3 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Building Scale Calculation Fees Single Family residence - first review N/A General 400 with completed Building Scale worksheet/detailed plans N/A General 200 Two-family dwelling N/A General $ 189 per unit with completed Building Scale worksheet/detailed plans N/A General 120 Additonal reviews (for revised plans)N/A General 102 On-site inspection for an existing dwelling N/A General 102 Office meeting to discuss for building scale calculation N/A General 50 Building Scale Waiver Request N/A General 100 Building Review Board Fees Signs/Awnings/Landscaping/ Lighting/Fences N/A General 75 Two or more of above N/A General 125 Storefront Alterations N/A General 100 New Commercial building, school, hospital or multi-family building N/A General 700 per building Alterations or major additions to commerical buildings, schools, N/A General 323 hopitals or multi-family buildings - per building New multi-building projects - per building N/A General 850 + 175 for more than 4 buildings (per building) Satellite Dish N/A General 100 Changes to approved building materials N/A General 60 Demolition with replacement structure N/A General 2,230 Demolition partial and replacement addition N/A General 1,310 Demolition w/o Replacement Struture N/A General 1,310 New Residence on Vacant Property (building scale fee also)155.07 General 1,050 Additions & Alterations to Existing Residence (building scale fee also)155.07 General 500 Replacement/new single family home/duplex structure N/A General 1,310 Variance from Building Scale Ordinance N/A General 367 Revisions to Approved Plans N/A General 225 Historic Preservation Commission Fees Demolition (complete) and replacement structure 155.07 General 2,450 Demolition (partial) and replacement structure 155.07 General 1,529 Removal of less than 50%155.07 Demolition partial and replacement addition N/A General 1,310 Demolition w/o Replacement Structure N/A General 1,310 1441 10.00%131 New Residence on Vacant Property (building scale fee also)155.07 General 1,050 Additions & Alterations to Existing Residence (building scale fee also)155.07 General 500 Revisions to Approved Plans 155.07 General 225 Variance from Building Scale Ordinance 155.07 General 367 Rescission of local landmark designation, amendment of 155.07 61 DRAFT - 12/03/18 CC Final Approval Pending 4 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue local landmark designation or historic map amendment 155.07 General 2,500 Signs/Awnings/Landscaping/ Lighting/Fences N/A General 75 Two or more of above N/A General 125 Storefront Alterations N/A General 100 New Commercial building, school, hospital or multi-family building N/A General 700 per building Alterations or major additions to commerical buildings, schools, N/A General 323 hopitals or multi-family buildings - per building New multi-building projects - per building N/A General 850 + 175 for more than 4 buildings (per building) Project Fees Red Tag , per violation, per day 150.005 General 300 Stop Work Order 150.005 General 750 Street Obstruction - first 30 lineal fee of public right-of-way 150.005 General 100 Re-Inspection all permits (failed/no show)150.005 General 175 Additional Inspections 150.005 General 50 Off Hour Inspections 150.005 General $50 administration fee plus per hour cost of inspector Const. Codes Comm. Fees: Variances from Construction Code 150.110 General 250 Administrative Appeals 150.110 General 150 Material/Product Evaluation 150.110 General 350.00 Demolition Tax 150.110 Cap Imp/12,000 Afford Hsing Zoning Board of Appeals Variations from Zoning Codc 159.02 General 287 Administrative Appeals 159.02 General 150 Special Use Permit - Existing Developments 159.02 General 755 Legal Ad Publication (as required)159.02 General 65 Plan Commission Minor Subdivisions-Tentative Approval 2,3 or 4 lots 156.026(a)(3)General 2,184 payable at time of application Minor Subdivisions-Final Approval 156.026(a)(3)General 250+35/lot plus 156.026(a)(3)engineering and recording fees Major Subdivisions-Tentative Approval 5 or more lots 156.026(a)(3)General $3,822+35 for each 156.026(a)(3)General lot over 5 Major Subdivisions-Final approval paid prior to recording of plat 156.026(a)(3)General $400+35/ 156.026(a)(3)General plus $5/lot 156.026(a)(3)General over 10; + 62 DRAFT - 12/03/18 CC Final Approval Pending 5 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue 156.026(a)(3)engineering and recording fees Planned Preservation Subd Special Use Pemit plus minor/major subd fee 156.026(a)(3)General 2,500 Zoning Change 156.026(a)(3)General 3,328 Filing fee for all other developments 156.026(a)(3)General 788 Code Amendment 156.026(a)(3)General 3,328 Extension of Tentative Subdivision Plat Approval 156.026(a)(3)General 150 Administrative Property Line shift 156.026(a)(3)General 250 Legal Ad Publication (as required)156.026(a)(3)General 65 Special Use Permit 156.026(a)(3)General 1,035 Special Use Permit - Restaurant within 150' of Residential 156.026(a)(3)General 600 Permits Building Permits repair and maintenance under $6,000 150.145 General 40 Building Permits - $100,000 or less 150.145 General 1.5% of total construction 150.145 General (50 min) Building Permts - over $100,000 $100,001 - $200,000 150.145 General 2% of total construction $200,001 - $500,000 150.145 General $4,000 + 1% of total cc in excess of $200,000 $500,001 and above 150.145 General $7,000 + .5% of total cc in excess of $500,000 Underground storage tank removal General (single family and duplex)150.145 $150 per tank All other properties 150.145 General $250 per tank Hot work 150.145 General 100 Permit Extensions 150.145 General $150 adminstration fee plus 20% of the original 150.145 permit fee - 6 month extension Adminstration Demolition Approval - Life Safety/Nuisance 150.145 General 500 Driveway Permits: Driveway Resurfacing Permit (not required for sealcoating)150.145 General 50 Driveway Bond 150.485 General 250 Satellite Permit 150.145 General 100 Satellite dish 150.145 General 1.5% of cost, 50 min Plumbing Irrigation Systems 150.145 General 2.00 per head 150.145 General $ 60 min Plumbing - base charge 150.145 General 60+$5.50/fix. Recording of Public Right-of-Way agreement 150.145 General 70 (up to 4 pages, $5 each addl page) for sprinkler system 63 DRAFT - 12/03/18 CC Final Approval Pending 6 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Sanitary Sewer 150.145 General $50 min + 1.00/ft over 50 ft Storm Sewer 150.145 General $50 min + 1.00/ft over 50 ft Street Opening 98.056 50.00 Electrical 150.145 General $100, plus $1 per unit beyond 100 total units Electrical Service 150.145 General 75 Electric - motors 150.145 General $75 + .50 per horsepower HVAC Residential - New or replacement 1 or 2 units 150.145 General 52 Each additional unit 150.145 General 45 Duct work 150.145 General 52 Commercial New 150.145 General $52 per 1,500 150.145 General sq ft of floor area Commerical - replacement of existing units 150.145 General same as residential Sign 150.145 General 1.5% construction cost 150.145 General 50 min Construction Trailer Permit (Commercial Construction Sites only)150.145 General $100 per month Purchase of Parking Space per Zoning Code 150.145 General to be set by City Council at the time 150.145 of approval based on market costs Elevators Elevator Inspection Fee 150.145 General Variable Elevator Permits - New elevators 150.145 General 65 Vending Licenses Health -Restaurant (20 or Less)113.03(d)(1)General 250 Health - Restaurant (21-99)113.03(d)(2)General 350 Health - Restaurant (100 + Seats)113.03(d)(3)General 600 Health - Itinerant Restaurant 113.03(d)(4)General 250 Health - Food Store 113.21(d)General 100.00 Health - Limited Food Store (selling candy)113.21(d)General 50.00 Food Vendor (delivery)113.21(d)General $150/Veh. Milk Vendor (delivery)113.21(d)General $100/Veh. Health - Milk Store 113.21(d)General 100 Ice Vending Machine per machine 95.061 General 110 Food Vending Machine per machine 113.21(d)General 55 Candy Vending Machine per machine 113.21(d)General 55 Pop/Soft drink Vending Machine per machine 113.21(d)General 55 Milk Vending Machine per machine 113.21(d)General 55 Tobacco vending machine per machine 135.136 General 50 Card/Trinket Vending Machine per machine 110.104 General 55 Amusement Machine per machine 110.104 General 110 64 DRAFT - 12/03/18 CC Final Approval Pending 7 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue HVAC Contractor 150.145 General 60 Electrical Contractor 150.145 General 60 Juke Box 110.083 General 25 Pool Table 112.095(b)(1)General 25 Elevator Inspection Fee 150.220(b)General Variable DVD Vending Machine License 110.005 General 110 Tree and Vegetation Removal Application Review Fee 99 General $40 Removal of Heritage Tree 99 General $ 40 per tree Removal of tree 10" DBH or larger within the streetscape preservation 99 General $ 40 per tree area, the front yard or the corner side yard 99 Removal of trees or vegetation from a Conservation Easement 99 General $ 35 per 1 1/2 acre site Removal of trees froma Tree Preservation or No Disturbance area 99 General $ 40 per tree Removal of trees or shrubs from any ravine or bluff 99 General $ 40 per 1 1/2 acre site Removal of trees or shrubs from a public right of way 99 General $ 40 per 1 1/2 acre site or other public property 99 Ash tree removals, dead or hazardous trees 99 General No Fee Bonds Permit Renewal - for projects with estimated construction 150.145 General 18% of permit fee 19% of permit fee 1.00%Variable costs of $200,000 or less refundable upon completion of project within one year Permit Renewal - for projects with estimated construction 150.145 General 20% of permit fee 21% of permit fee 1.00%Variable costs of more than $200,000 refundable upon completion of project within 18 months Street Opening Bond 98.058 General 500 Fire Protection Fees: Life Safety Plan Review Fee - New Constr/Addition 150.145 General $ 500 min or .05 s.f. includes all floors Life Safety Plan Review Fee - Remodel/Alteration 150.145 General $ 60 min or .05 sf includes all areas Fire Suppression Systems (Plan review and 2 inspections) Single Family/Duplex Residential New 150.145 General $120 or .05 per s.f whichever is greater Addition/Alteration 150.145 General $60 or .05 per s.f for scope of work area 150.145 whichever is greater Commercial/Multi Family New 150.145 General $500 or .05 per s.f. whichever is greater Addition/Alteration 150.145 General $250 or .05 s.f. for scope of work area whichever is greater 65 DRAFT - 12/03/18 CC Final Approval Pending 8 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Specialized Suppression (FM 200, clean agent)150.145 General $150 per system ( in addition to above fees for the overall system) Stand pipe riser 150.145 General 100 Fire Alarms Single Family/Duplex Residential 150.145 General $75 or .05 per s.f. whichever is greater Commercial/Multi Family - New General $500 or .05 per s.f. whichever is greater Commercial/Multi Family - Addition/Alteration 150.145 General $75 or .05 per s.f. whichever is greater Inspections/Tests Annual & New Underground Flush test 150.145 Water $75 + cost per gallon of water, at current rate as 150.145 established by the City Council, based on pipe size Annual & New Fire Pump Test 150.145 Water $175 + cost per gallon of water, at current rate as 150.145 established by the City Council, based on pump size Small Wireless Facilities Application for Collocation - Installation of facility General $650 Application for Collocation - Installation of multiple facilities General $350 per facility Application for installation of new utility pole or support structure General $1,000 Annual recurring rate for collocations on a City utility pole located in the right-of-way. (* Or the City's actual, direct, and reasonable costs related to the wireless provider's use of space on the City utility pole)General *$200 Other Hood and Duct Extinguishing System - New 150.145 General $300 per system Hood and Duct Extinguishing System - Alteration 150.145 General $100 per system Alternative Letter of Credit Review 150.145 General $100 per review Conditional Certificate of Occupancy - Landscape only due to season (single family and duplex)150.145 General $300 per unit Conditional Certificate of Occupancy (single family and duplex)150.145 General $500 per unit 550 10.00%300 Conditional Certificate of Occupancy (multi-family and commercial)150.145 General $25 per square foot, whichever is greater, to a maximum of $2,000 3. Finance Water Utility Fees/Charges Water Sales/1,000 Gallons Effective with Water Bills mailed on or after May 1, 2019 66 DRAFT - 12/03/18 CC Final Approval Pending 9 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Lake Forest Residential - to 10,000 Gallons per Quarter 51.061(a)Water 4.50 Lake Forest Residential - 10,001 to 60,000 Gallons per Quarter 51.061(a)Water 5.77 Lake Forest Residential - over 60,000 Gallons per Quarter 51.061(a)Water 6.05 Lake Forest All Other Users 51.061(a)Water 5.95 Del Mar Woods 51.061(a)Water 8.18 Other Non resident users 51.061(a)Water 8.18 Sewer Charge/1,000 Gallons (winter usage)51.061(a)Water 1.16 Customer Charge - Water (Inside) 5/8" to 1.5" meter 51.061(b)Water $40/quarter 2" to 4" meter 51.061(b)Water $160/quarter 6" and above meter 51.061(b)Water $750/quarter Benefit Access Program Discount - must renew annually N\A Water $(10)/quarter Customer Charge - Water (Outside) 5/8" to 1.5" meter 51.062(b)Water $50/quarter 2" to 4" meter 51.062(b)Water $175/quarter 6" and above meter 51.062(b)Water $790/quarter Customer Charge - Sewer 5/8" to 1.5" meter 52.15€(1)Water $5/quarter 2" to 4" meter 52.15€(1)Water $20/quarter 6" and above meter 52.15€(1)Water $100/quarter Beach Parking Fee Beach Parking Temporary (R)73.45 General 85 Temporary (NR)73.45 General 910 Parking Permits Resident-Full Year 73.27(c)(7)Parking 313 Resident-Monthly 73.27(c)(7)Parking 30/Month Resident - Unlimited 73.27(c)(7)Parking 1,000 Employer Purchased-Full Yr. 73.27(c)(7)Parking 180 Employer Purchased-Monthly 73.27(c)(7)Parking 20/Month Non-Resident-Full Year 73.27(c)(7)Parking 700 Non-Resident - Monthly 73.27(c)(7)Parking 60/Monthly An envelope of 10 tokens N\A Parking 25 Daily Parking Fee-Telegraph 73.27(c)(7)Parking 3 Daily Parking Fee-All Other 73.27(c)(7)Parking 3 Licenses Car and Lt Truck 74.179(b)General 85 HeavyTruck (8,000+ lbs.)74.179(b)General 110 Motocycles 74.179(b)General 45 Senior Citizen 65 and over N/A General no discount 67 DRAFT - 12/03/18 CC Final Approval Pending 10 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Transfers 74.184 & 185 General 5 Penalties 74.179(b)General 50% Dog License 91.032 General 10 Cat License 91.032 General 10 Auto Dealer License 74.183 General 50+20/Veh Disabled vehicle sticker (Benefit Access Program)N/A General 45 Real Estate Transfer Tax 39.155(b)Cap Imp $4.00 per $1,000 Non-sufficient funds Fee 10.99 General 25 Credit Card Service Fees-Effective January 1, 2019 Daily Parking 73.27(c)(7)General $.25 per transaction Building Permits Development Related Fees N/A General lesser of 3.00% or maximum allowable by law lesser of 3.00% or maximum allowable by law Pass-through of costs incurred Public Safety Pension Fee Residential Utility Accounts N/A General $20 per Quarter All Other Utility Accounts (exclude irrigation only services)N/A General $70 per Quarter 4. Parks and Recreation Golf Course Fees/Charges: Seasonal Fees-Resident: effective January 1, 2019 Class A -Adult Single 97.051 DPG 1450 1475 1.72%1125 Class B -Adult Combo 97.051 DPG 2500 Class D -Junior 97.051 DPG 625 675 8.00%700 Class F - Senior Citizen 97.051 DPG 850 865 1.76%360 Seasonal Fees (Non-Resident) effective January 1, 2019 Class A -Adult Single 97.051 DPG 1,850 Class B -Adult Combo 97.051 DPG 2,500 Class D -Junior 97.051 DPG 650 675 3.85%0 Class F - Senior Citizen 97.051 DPG 1,100 Daily Fees-Resident: effective January 1, 2019 Weekday-9 97.051 DPG 31 35 12.90%9748 Weekday-18 97.051 DPG 46 48 4.35%5125 Weekend 9 97.051 DPG 38 40 5.26%4381 Weekend -18 97.051 DPG 56 61 8.93%8000 Electric Golf Carts: effective January 1, 2019 9 Holes Single Rider 97.052 DPG 12 13 8.33%15000 68 DRAFT - 12/03/18 CC Final Approval Pending 11 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue 18 Holes Single Rider 97.052 DPG 20 Range Balls Small Bucket 97.051 DPG 5 6 20.00%1932 . Medium Bucket 97.051 DPG 7 8 14.29%1000 . Large Bucket 97.051 DPG 15 Pull cart - 9 holes 97.051 DPG 6 Pull cart - 18 hoes 97.051 DPG 8 USGA Handicap Fees - Members 97.051 DPG 37 40 8.11%100 Permanent Tee Time - Weekend 97.051 DPG 300 Locker - 18 inch 97.051 DPG 130 135 3.85%185 Locker - 12 inch 97.051 DPG 115 120 4.35%80 Park Fees Park Picnic Permits 0 - 149 People N/A Parks/Rec 75 100 33.33%1625 150 or more People N/A Parks/Rec 125 150 20.00%750 Picnic Tables Parks/Rec 25 per table Grills Parks/Rec 85 per grill Cemetery Fees Issuance of Deeds 93.45 Cemetery .50 per deed Boating and Beach Fees - effective February 1, 2019 Watercraft Ramp/Sailboat Permits-Recreation Watercraft Ramp (R)97.066 Parks/Rec 497 517 4.02%1280 Watercraft Ramp 2nd boat/ half season 97.066 Parks/Rec 249 259 4.02%170 Watercraft Ramp (R) (Sen.) 97.066 Parks/Rec 397 413 4.03%192 Watercraft Ramp (R) (Sen) 2nd boat/ half season 97.066 Parks/Rec 200 208 4.00%16 Watercraft Ramp (NR) 97.066 Parks/Rec 994 1034 4.02%160 Year round compound storage Resident 97.066 Parks/Rec 2203 2291 3.99%880 Year round compound storage Resident senior 97.066 Parks/Rec 1762 1832 3.97%280 Year round compound storage non-resident 97.066 Parks/Rec 3305 3437 3.99%0 Seasonal compound storage Resident 97.066 Parks/Rec 1491 1551 4.02%60 Seasonal compound storage Resident Senior 97.066 Parks/Rec 1193 1241 4.02%96 Seasonal compound storage Non-resident 97.066 Parks/Rec 2235 2324 3.98%0 Year round watercraft rack storage resident 97.066 Parks/Rec 602 626 3.99%96 Year round watercraft rack storage resident senior 97.066 Parks/Rec 483 502 3.93%95 Year round watercraft rack storage non-resident 97.066 Parks/Rec 602 626 3.99%0 Seasonal watercraft rack storage resident 97.066 Parks/Rec 352 366 3.98%224 Seasonal watercraft rack storage resident senior 97.066 Parks/Rec 281 292 3.91%2 Seasonal watercraft rack storage non-resident 97.066 Parks/Rec 352 366 3.98%0 69 DRAFT - 12/03/18 CC Final Approval Pending 12 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Year round watercraft sand storage resident 97.066 Parks/Rec 745 775 4.03%0 Year round watercraft sand storage resident senior 97.066 Parks/Rec 596 620 4.03%0 Year round watercraft sand storage non-resident 97.066 Parks/Rec 1117 1162 4.03%0 Seasonal watercraft sand storage resident 97.066 Parks/Rec 457 475 3.94%18 Seasonal watercraft sand storage resident senior 97.066 Parks/Rec 365 380 4.11%15 Seasonal watercraft sand storage non-resident 97.066 Parks/Rec 686 713 3.94%0 South Beach Parking Permit (R)97.066 Parks/Rec 145 151 4.14%192 South Beach Parking Permit (R) (Sen.)97.066 Parks/Rec 114 119 4.39%35 South Beach Parking Permit (NR)97.066 Parks/Rec 910 South Beach Parking Permit Employee/Retiree 97.066 Parks/Rec 96 100 4.17%0 Extra vehicle decal resident - center isle 97.066 Parks/Rec 138 Extra vehicle decal senior - center isle 97.066 Parks/Rec 110 Extra vehicle decal nonresident - center isle 97.066 Parks/Rec 208 Daily Boat Launch resident 97.066 Parks/Rec 40 Daily Boat Launch nonresident 97.066 Parks/Rec 65 Resident Guest Daily Parking Pass, limit 5 per season 97.066 Parks/Rec 10 Nanny Parking Pass 97.066 Parks/Rec 85 Senior Caregiver Parking Pass 97.066 Parks/Rec 85 Non resident beach fee, weekends and holidays 97.069 Parks/Rec 10 15 50.00%12070 Fitness Center Fees - effective May 1, 2019 Fitness Center Membership Fees Individual resident rate N/A Parks/Rec 408 420 2.94%2,208 Individual resident rate - 6 months N/A Parks/Rec 260 Eliminate Individual resident rate - 3 months N/A Parks/Rec 130 Eliminate Individual resident rate - 1 months N/A Parks/Rec 41 42 2.44%22 Individual non-resident rate N/A Parks/Rec 490 528 7.76%114 Individual non-resident rate - 6 months N/A Parks/Rec 325 Eliminate Individual non-resident rate - 3 months N/A Parks/Rec 162 Eliminate Individual non-resident rate - 1 months N/A Parks/Rec 49 53 8.16%4 Couple resident rate N/A Parks/Rec 720 744 3.33%1,752 Couple resident rate - 6 months N/A Parks/Rec 455 Eliminate Couple resident rate - 3 month N/A Parks/Rec 227 Eliminate Couple resident rate - 1 month N/A Parks/Rec 72 74 2.78%10 Couple non-resident rate N/A Parks/Rec 864 888 2.78%24 Couple non-resident rate - 6 months N/A Parks/Rec 568 Eliminate Couple non-resident rate - 3 months N/A Parks/Rec 284 Eliminate Couple non-resident rate - 1 months N/A Parks/Rec 87 89 2.30%0 Family resident rate N/A Parks/Rec 936 972 3.85%1,548 Family resident rate - 6 months N/A Parks/Rec 591 Eliminate Family resident rate - 3 months N/A Parks/Rec 295 Eliminate Family resident rate - 1 months N/A Parks/Rec 93 97 4.30%16 Family non-resident rate N/A Parks/Rec 1128 1164 3.19%0 Family non-resident rate - 6 months N/A Parks/Rec 739 Eliminate 70 DRAFT - 12/03/18 CC Final Approval Pending 13 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Family non-resident rate - 3 months N/A Parks/Rec 369 Eliminate Family non-resident rate - 1 months N/A Parks/Rec 113 116 2.65%0 Senior resident rate N/A Parks/Rec 312 324 3.85%1,092 Senior resident rate - 6 months N/A Parks/Rec 195 Eliminate Senior resident rate - 3 months N/A Parks/Rec 97 Eliminate Senior resident rate - 1 months N/A Parks/Rec 31 32 3.23%11 Senior non-resident rate N/A Parks/Rec 375 384 2.40%27 Senior non-resident rate - 6 months N/A Parks/Rec 244 Eliminate Senior non-resident rate - 3 months N/A Parks/Rec 122 Eliminate Senior non-resident rate - 1 months N/A Parks/Rec 37 38 2.70%0 Senior couple resident rate N/A Parks/Rec 528 540 2.27%408 Senior couple resident rate - 6 months N/A Parks/Rec 341 Eliminate Senior couple resident rate - 3 months N/A Parks/Rec 170 Eliminate Senior couple resident rate - 1 months N/A Parks/Rec 53 54 1.89%6 Senior couple non-resident rate N/A Parks/Rec 636 660 3.77%48 Senior couple non-resident rate - 6 months N/A Parks/Rec 426 Eliminate Senior couple non-resident rate - 3 months N/A Parks/Rec 213 Eliminate Senior couple non-resident rate - 1 months N/A Parks/Rec 64 66 3.13%0 Student resident rate N/A Parks/Rec 312 324 3.85%240 Student resident rate - 1 month N/A Parks/Rec 31 32 3.23%13 Student non-resident rate N/A Parks/Rec 375 384 2.40%0 Student non-resident rate - 1 month N/A Parks/Rec 37 38 2.70%0 Matinee resident rate N/A Parks/Rec 216 228 5.56%1,140 Matinee resident rate - 1 month N/A Parks/Rec 21 23 9.52%8 Matinee non-resident rate N/A Parks/Rec 260 276 6.15%64 Matinee non-resident rate - 1 month N/A Parks/Rec 26 28 7.69%0 All-inclusive - member - effective December 6, 2012 N/A Parks/Rec 311 324 4.18%858 All-inclusive - non-member - effective December 6, 2012 N/A Parks/Rec 692 720 4.05%0 5. OCM General Fees & Charges: Birth certificates (January 1, 2010)5.36 General $10 first/$4 additional Death certificates (January 1, 2013)5.36 General $14 first/$6 additional On-line data entry fee by city staff ( January 1, 2010)N/A General 10 Solicitor/Peddler Permit Original Application 117.01(b)General $40 Solicitor/Peddler Permit Renewal 117.40 General $30 Electric Car N/A General $1 per Hour Special Event Fees Application Fee 10.13 General $50 Application Fee - Late Fee 10.13 General 50% of fee per 30 days Escrow Deposit - Special Events 10.13 General $500 71 DRAFT - 12/03/18 CC Final Approval Pending 14 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Police Officer hourly rate 10.13 General 84 86 2.38%60 Firefighter/Paramedic hourly rate 10.13 General 85 Police and Fire Vehicle 10.13 General $110 Public Works hourly rate 10.13 General 67 Parks hourly rate 10.13 Parks/Rec.67 A-Frame Barricades 98.011 General $5 Barricades 1 - 10 98.011 General $40 Parking Cones 98.011 General $1 Bleacher keep in park 10.13 General 50 Bleacher move to another location 10.13 General 195 Litter Barrels 1 - 6 10.13 General 16 Picnic Tables 1 - 6 10.13 General 32 Grills 10.13 General 195 Licenses Raffle License 110.150 General 25 Tobacco License 135.138(f)General 500 Landscape License (March 1 to Feb 28)110.217 General 100 Penalties - Landscape License Applications after June 1 110.217 General 25 Auctioneers License 110.026 General $5 Daily & $1.00 per employee Factories and Slaughterhouses 110.047 General $500 Mobile Auto Service 110.200 General $50 per unit Athletic Contests 112.0029B)General $50 per day Bowling Alley 112.025 General $10 per lane per year Circuses 112.041 General $100 per day circus conducted Circuses - Side Show 112.042 General $50 per day circus conducted Motion Pictures - Establishment capacity 500 or more persons 112.075 General .50 per seat Public Dances 112.112 General $500 Theatrical Performances - less than 500 persons 112.126 General $100 Theatrical Performances - more than 500 persons 112.126 General $150 Theatrical Performance not covered by 112.126 112.127 General $25 per day Junk Yard or Junk Shop 114.22 General $75 Junk Dealer collected by vehicle 114.23 General $20 per vehicle Pawnbroker 116.03 General 100 Expressmen and Draymen 118.156 General 25 Alcoholic and Beverages: Class A-1 111.036 General 2,700 Class A-2 111.036 General 1,500 Class A-3 111.036 General 275 Class A-4 111.036 General 500 Class B-1 111.036 General 2,500 Class C-1 111.036 General 2,600 Class C-2 111.036 General 3,000 72 DRAFT - 12/03/18 CC Final Approval Pending 15 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Class C-3 111.036 General 800 Class D-1 111.036 General 2,500 Class E-1 111.036 General 3,000 Class F-1 111.036 General 100 Class F-2 111.036 General 100 for each 24 hour period or any part therof: $50 not for profit with proof of 501 ( c)3 status Class F-3 111.036 General 75 for each 24 hour period or any part therof: $50 not for profit with proof of 501 ( c)3 status Class F-4 111.036 General 500 per vendor for the duration of the sporting event Class F-5 111.036 General 1,100 Class F-6 111.036 General 600 Class G-1 111.036 General 200 Class G-2 111.036 General 600 Class H-1 111.036 General 600 Class H-2 111.036 General 1,100 Class I-1 111.036 General None Class I-2 111.036 General 1,500 Class I-3 111.036 General 100 Class J 111.036 General 500 Class K 111.036 General $40/each 7 day license period Annual Renewal 111.036 General 150 renewal existing or change in owners or officers Application Fee 111.043 General 300 new license Application for Change in Owners or Officers 111.043 General 100 Liquor License Penalty Fee 111.036 General 25 Impact Fees Library 150.023 Library see ordinance Fire and Emergency Services 150.023 General see ordinance Park Site 150.023 PPL see ordinance Park Development 150.023 PPL see ordinance Police 150.023 General see ordinance Public Works 150.023 General see ordinance School District 67 (information only)150.023 pay School see ordinance High School District 115 (information only)150.023 pay School see ordinance 6. Police Fines & Penalties: Overtime Parking - Lot 73.99 General 25/75/125 Improper Parking - Lot 73.99 General 25/75/125 Parking in Prohibited Area- Lot 73.99 General 25/75/125 Overtime Parking - Other 73.99 General 25/75/125 73 DRAFT - 12/03/18 CC Final Approval Pending 16 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Improper Parking - Other 73.99 General 25/75/125 Parking in Prohibited Area- Other 73.99 General 25/75/125 Parking at Boat Ramp 73.46 General 125/250/350 No Vehicle License 74.179 General 75/100/125 No parking east of Sheridan Road 73.99 General 125/250/350 No Animal License 91.032 General 15/25/50 Dog-At-Large 91.050 General 40/55/70 Code Violations Variable General variable Motor Code Violations Variable General variable Dog Barking 91.004 General 15/25/50 Dog Impound 91.014 General 15 Leaf Burning 94.2 General 100 Handicapped Parking 73.21 General 250 Dog Public Nuisance 91.053 General 100/500/750 Burglar Alarm Fees 110.125 General 0/50/100/250 Vehicle Immobilization fee 73.50 General 100 E-911 Surcharge 39.181 E911 Fund 0.65 Copies of Accident Reports 71.032 General 10 5 FOIA copy fees >50 pages 33.3 General .15 per page Transiant Merchant License 117.20(f)General 100.00 7. Fire General Fees & Charges: Ambulance-Resident ALS transport 94.51 General 812.10 Ambulance-Resident ALS2 transport 94.52 General 919.98 Ambulance-Resident BLS transport 94.53 General 704.07 Ambulance-Non Resident ALS transport 94.54 General 987.48 Ambulance- Non Resident ALS2 transport 94.55 General 1,088.92 Ambulance-Non Resident BLS transport 94.56 General 854.08 Ambulance - Mileage 94.58 General 7.27 per mile Fireworks Permit 94.5 General 200 Open Burn Permit 94.5 General 75 Bonfire Permit 94.5 General 100 Special Event Inspection 94.5 General 100 Tent Permit 94.5 General $100 or .05 per sq ft Fire Watch 94.5 General Overtime hourly Rate Annual Fire Pump Test 94.5 General/Water 10.00 Admin Fee + Water Usage Annual Inspections - 4th re-inspection 94.5 General 100 Annual Inspections - 5th re-inspection 94.5 General 200 74 DRAFT - 12/03/18 CC Final Approval Pending 17 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Annual Inspections - 6th re-inspection 94.5 General 400 Inflatable amusement inspection 94.5 General 100 Carnival rides 94.5 General 200 Fire Alarm Fees 110.125 General 0/50/100/250 Hazardous Substance Incident Level I Hazardous Substance Incident 41.01 General $250 per day during hazard substance incident occurs or removal activities Level II Hazardous Substance incident 41.01 General $500 per day during hazard substance incident occurs or removal activities Level III Hazardous Substance incident 41.01 General $1,000 per day during hazard substance incident occurs or removal activities Miscelaneous Materials Cost - Level I incident 41.01 General 50 Miscelaneous Materials Cost - Level II incident 41.01 General 100 Miscelaneous Materials Cost - Level III incident 41.01 General 500 Reimburseable Costs 41.01 General 100% of cost incurred 8. Engineering Sewer System Connection Fee Single Family Dwelling N/A 825 Two - family Dwelling N/A 825 per unit Multi-family Dwelling N/A 165 per population equiv 1,650 min Non-Residential Buildings N/A 165 per population equiv 1,650 min Institutional buildings with Fed and State tax exempt status N/A 825/connection Site Grading Site Grading - New construction N/A 640 If no grading, request may be submitted for a waiver of the requirement of N/A 240 grading plan Resubmittal N/A 165 Revisions to approved grading plans N/A 125 Site grading security (financial guarantee - refundable)N/A 3,000 per acre of development Water Shed Development Fee: Revised Fee Schedule General Fees Sediment and Erosion Control Only Single Family Residential Lot (See site grading ordinance)151.05 see ordinance Single Family Residential Lot (within regulatory floodplain)151.05 1040 Development (<10 acres)151.05 2400 Development ( ≥ 10 acres)151.05 3560 75 DRAFT - 12/03/18 CC Final Approval Pending 18 of 18 Add prior approved fees New Fee PROPOSED Change to fee FY2020 FEE Amount $$ (n/c if %Projected City Code Section Fund FY2019 blank)CHANGE Revenue Minor Development Without detention 151.05 2120 With detention or Fee - in - lieu 151.05 3120 Major Development With detention or Fee-in-lieu 151.05 5400 Within regulatory floodplain ( < 10 acres)151.05 3280 Within regulatory floodplain (≥ 10 acres)151.05 8640 Wetland Fees Category I Wetland impacts less than or equal to 1 acre N/A 880 Category II Wetland impacts greater than 1 acre and less than 2 acres N/A 3640 Category III Wetland impacts greater or equal to 2 acres or impacts a HQAR N/A 4400 Category IV Wetland impacts involving either restoration, creation N/A 1440 or enhancement N/A 2760 Resubmittal fee N/A 347-2880 Earth Change Approval N/A 1720 Securities - financial guarantee refundable N/A 3,000 per acre of development Variances N/A 4240 Appeals N/A 1920 Flood Plain Analysis and Report N/A 35 Construction Engineering Standards Manual N/A 35 9. Senior Resources Membership Dues Residents of Lake Forest, Lake Bluff and unincorporated Lake Forest and Lake Bluff 97.087 Senior Resources $35 per person 97.087 $55 per family Outside of Lake Forest and Lake Bluff 97.087 Senior Resources $45 per person 97.087 $75 per family Circuit Breaker participants Lake Forest and Lake Bluff 97.087 Senior Resources $10 per person residents only 97.087 $15 per family Car and Bus rides 97.087 Senior Resources $3/fee each direction 97.087 $6 round trip Taxi subsidy- Lake Forest and Lake Bluff residents 97.087 Senior Resources 16 coupons/month living within the Lake Forest High School District for a value of $3/each 76 THE CITY OF LAKE FOREST ORDINANCE NO. 2018 - AN ORDINANCE ADOPTING NEW FEES RELATED TO PUBLIC WORKS FOR INCORPORATION INTO THE SUPPLEMENTAL FEE SCHEDULE FOR THE CITY OF LAKE FOREST WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, the City Council, on an annual basis reviews fees and charges related to Public Works and having done so, hereby determines that it is necessary to establish new fees and charges to cover the cost of services provided; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS AS FOLLOWS: SECTION ONE. Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO. Approval of New Fees Related to Public Works. The City Council hereby approves the fees as set forth in Exhibit A, New Fees Related to Public Works, and directs that said fees shall be incorporated into the Supplemental Fee Schedule for the City of Lake Forest and reviewed and adjusted on an annual basis as part of the Supplemental Fee Schedule as determined to be necessary by the City Council. SECTION THREE: Effective Date of the New Fees Related to Public Works. The fees and charges set forth in Exhibit A shall take effect as of May 1, 2019, consistent 77 with the date of the Supplemental Fee Schedule for FY 2020 as adopted by the City Council. SECTION FOUR: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this day of , 2018 AYES: NAYS: ABSENT: ABSTAIN: Approved this day of , 2018 Mayor ATTEST: City Clerk 78 EXHIBIT A New Fees Related to Public Works  Water Meter Contractor Bond - $1,500 79 Supplemental Memos Regarding Proposed Fee Adjustments 80 Interoffice Memo To: Diane Hall, Assistant Finance Director Michael Thomas, Director of Public Works Dan Martin, Superintendent of Public Works From: John Varner, Water & Sewer Supervisor Rich Volpe, Assistant Water & Sewer Supervisor Date: November 21, 2018 Subject: NEW WATER METER CONTRACTOR BOND FEE The Department of Public Works is requesting to create a new temporary water meter issuing procedure that includes a payment bond contractors and contracting firms would be required to submit prior to the Water & Sewer Section issuing a temporary hydrant water meter. The City of Lake Forest currently requires contracting firms to track and pay for any water utilized through a City fire hydrant. In order to track water usage for reimbursement the City’s Water & Sewer Section issues water meter devices that are modified to fit on a fire hydrants. The water meter devices that are issued to contractors are provided by the City’s Water & Sewer section and cost approximately $1,500.00 each. Currently, there is no issuing process in place that assumes a contractor to be liable for any damages to or replacement of the meter if an issue occurs while in a contracting firm’s possession. Therefore, the Department of Public Works is requesting the creation of a new meter issuing procedure that includes requiring a bond payment of $1,500 be submitted by the contractor. This bond payment would be returned to the contractor upon the safe and undamaged return of the water meter. If the water meter is not returned or if the water meter is returned damaged, the bond payment would be kept by the City of Lake Forest and the fee will be utilized by the City’s Water & Sewer Section to purchase a new water meter. 81 Interoffice Memo To: Diane Hall, Assistant Finance Director Michael Thomas, Director of Public Works Dan Martin, Superintendent of Public Works From: Brian Pogachnik, Sanitation Supervisor Date: November 21, 2018 Subject: RECYCLING CART CHARGE INCREASE The Department of Public Works would like to increase the charge for an extra residential recycling cart to $75.00. In 2010-2011, The City of Lake Forest implemented the curbside single stream program in which over 5800 carts were distributed. Residents that requested an extra recycling cart have been charged $55.00. Over the past few years the cost of the carts has increased. This is mostly due to the fact that we no longer purchase carts in large quantities, as we did when the single stream recycling program began. The chart below shows the carts purchased over the past four years: Year # of Carts Purchased Cost per Cart FY2015 50 $64.62 FY2016 90 $58.72 FY2017 100 $56.76 FY2018 50 $66.86 The City purchases 50 to 100 carts per year for newly built homes and for residents wanting to purchase an extra cart. The proposed increase would cover the purchase price and distribution cost. 82 Page 1 of 2 October 23, 2018 MEMORANDUM TO: Diane Hall, Assistant Director of Finance Elizabeth Holleb, Director of Finance FROM: Catherine J. Czerniak, Director of Community Development DATE: October 23, 2018 SUBJECT: Recommended Fee Adjustments for Fiscal Year 2020 No significant changes are proposed for development related fees. Development related fees have remained constant for the last several years. A few minor fee revisions are proposed as described below. Fee Reductions  Tree Protection Fencing – $135 Last year, the fee for inspections of tree protection fencing on construction sites was inadvertently significantly increased as part of adjustments to engineering fees. The significant increase generated numerous customer complaints. Reestablishing this fee at a lesser amount will more closely align it with the staff time associated with this inspection. Fee Increases  Demolition of a Residence with no replacement structure in the historic district – 10% increase. Based on recent consideration of requests for demolition of residences in the historic district an increase in this fee is recommended to more fully cover staff time needed to conduct research, prepared background materials and respond to public inquiries.  Permit Renewal Bonds. Permit Renewal Bonds are required by the City to 1) assure completion of projects and 2) to encourage timely completion of projects. Permit Renewal Bonds are forfeited if extension of permits is necessary. A one percent increase in the bond amount in each category is recommended. The amount of Permit Renewal Bonds is a percentage of the original cost of the permit.  Conditional Certificate of Occupancy (single family and duplex units) - $550 An increase in this fee is proposed to more fully cover the cost of additional documentation and inspections that are necessary when occupancy is desired prior to completion of all work required to close out the permits. The City’s goal is for projects to be fully complete before occupancy is permitted, however, in cases where all life safety requirements are met and property owners or developers have a compelling need for early occupancy, the City works to accommodate early occupancy. After occupancy, the City continues to monitor the property to assure that all building Code requirements, approved plantings and drainage and grading 83 Page 2 of 2 October 23, 2018 issues are fully addressed in accordance with the terms of the Conditions Occupancy Permit. *** The following fees were approved by the City Council on July 16, 2018 in conjunction with the adoption of Code amendments relating to small wireless facilities and should be incorporated into the Comprehensive Fee Schedule. Application for Collocation Installation of facility $ 650.00 Installation of multiple facilities $ 350.00 per facility Application for installation of new utility pole or support structure $1,000.00 Annual recurring rate for collocation on a City utility pole located in the right-of-way $ 200.00* (* Or the City’s actual, direct, and reasonable costs related to the wireless provider’s use of space on the City utility pole.) *** Please do not hesitate to contact me if you need further clarifications, have any questions or have suggestions for changes. 84 MEMORANDOM To: Diane Hall, Assistant Finance Director From: Vince Juarez, Golf Course General Manager Chuck Myers, Superintendent of Parks, Forestry and Special Facilities Date: October 10, 2018 Subject: Deerpath Golf Course 2019 Proposed Fee Changes PURPOSE AND ACTION REQUESTED: City Staff and KemperSports Management Staff are bringing forward the Deerpath Golf Course fees for the 2019. The Park and Recreation Board has approved the fee schedule on October 16, 2018 and request that the proposed 2019 Deerpath Golf Course fee structure be forward to City Council for approval as presented. BACKGROUND/DISCUSSION: Attached is the proposed fee structure for Deerpath Golf Course for 2019. We analyzed several factors including utilization and surrounding facilities fees while putting together the fees schedule. KemperSports Management and City Staff are recommending the following: • Membership Fees: Increase resident Annual Pass fee average of 2% per classification for FY20. • Greens Fees: Increase the “ceiling” rate for weekday and weekend fees. Allow the dynamic pricing model to set prices based off of the utilization of the course. This will allow the green fee prices to fluctuate and take advantage of times of increased demand. Golf rates will be adjusted during the season based on marketplace demands. • Other Fees: Increase the 18 -hole weekday cart fee which has not been increased in at least 4 years. In addition, increase small and medium range ball buckets by $1 each bucket. I also propose with lockers being fully rented in the open-air facility to increase locker rental prices by an average of 4%. BUDGET/FISCAL IMPACT: Projected revenue impact on fees collected will be an additional $47,736 from FY19 projections. City Staff and Kemper Sports Management are requesting the approval of the proposed 2019 Deerpath Golf Course fee structure. 85 MEMORANDOM To: Diane Hall, Assistant Finance Director From: Anthony Anaszewicz, Program Manager Aaron Dalzot, Program Manager Joe Mobile, Superintendent of Recreation Date: October 18, 2018 Subject: Pavilion FY20 Proposed Fee Changes PURPOSE AND ACTION REQUESTED: City Staff are bringing forward the Pavilion Rental fees for fiscal year 2020. The Park and Recreation Board has approved the fee schedule on October 16, 2018 and request that the proposed FY2020 Pavilion Rental fee structure be forwarded to City Council for approval as presented. BACKGROUND/DISCUSSION: Attached is the proposed fee structure for Pavilion Rental fees for FY2020. Staff have analyzed several factors including utilization, and surrounding facilities fees while putting together the fees schedule. Staff is taking a conservative approach for revenue growth by assuming that participation levels will remain constant with FY19 usage. The Pavilion Rental fees have not been increased since 2009, at which time they were increased $25 per rental. City Staff are recommending the following: • Permit Fees: Increase all Pavilion Rental fees by $25 for FY20. The litter deposit and additional hour fees will remain constant with FY19. The not for profit rental fee will also increase $25 per reservation but will remain $25 less than the normal price. Also, each Lakefront Pavilion reservation will include 10 parking passes for the lower south parking lot. Additional parking passes for the upper south parking lot will increase to $10 each. o Parks  Capacity 150 people and above - $150  Capacity under 150 people - $100 o Lakefront  Capacity under 150 people - $100 BUDGET/FISCAL IMPACT: Staff anticipates a positive revenue differential of $2,375 over FY19. All fees will become effective February 1, 2019 in line with the permitting season. City Staff are requesting the approval of the proposed FY2020 Pavilion Rental Fee structure as presented. 86 MEMORANDOM To: Diane Hall, Assistant Finance Director From: Aaron Dalzot, Program Manager Joe Mobile, Superintendent of Recreation Date: October 18, 2018 Subject: Lake Forest Lakefront FY20 Proposed Fee Changes PURPOSE AND ACTION REQUESTED: City Staff are bringing forward the Lakefront Permit fees for fiscal year 2020. The Park and Recreation Board has approved the fee schedule on October 16, 2018 and request that the proposed FY2020 Lakefront Permit fee structure be forwarded to City Council for approval as presented. BACKGROUND/DISCUSSION: Attached is the proposed fee structure for lakefront permit fees for FY2020. Staff have analyzed several factors including utilization, and surrounding facilities fees while putting together the fees schedule. Staff is taking a conservative approach for revenue growth by assuming that participation levels will remain constant with FY19 usage. City Staff are recommending the following: • Permit Fees: Increase most resident and non-resident Lakefront permit fees by 4% for FY20. • Exception: Increase the Non-Resident walk in fees charged on weekends and holidays from $10 to $15. This increase will provide consistency with our surrounding communities.  Exceptions: These fees will remain constant with FY19 fees. o The Nanny and Caregiver Parking Pass ($85) o The Resident Guest Daily Parking ($10) o The Non-resident South Beach Parking Permit ($910) o Daily Boat Launch ($40) o Daily Boat Launch Non-Resident ($65)  Regulations: Staff requests keeping non-resident daily pass use restrictions in place to protect the heaviest used boating times for Lake Forest residents. Non-resident passes will only be sold Monday through Friday, excluding weekends and holidays. BUDGET/FISCAL IMPACT: Staff anticipates a positive revenue differential of $15,881 over FY19. All fees will become effective February 1, 2019 in line with the permitting season. City Staff are requesting the approval of the proposed FY2020 Lakefront Permit Fee structure as presented. 87 MEMORANDOM To: Diane Hall, Assistant Finance Director From: Jason Busdeker, Program Manager Joe Mobile, Superintendent of Recreation Date: October 18, 2018 Subject: Lake Forest Fitness Center FY 20 Proposed Fee Changes PURPOSE AND ACTION REQUESTED: City Staff are bringing forward the Lake Forest Fitness Center fees for fiscal year 2020. The Park and Recreation Board has approved the fee schedule on October 16, 2018 and request that the proposed FY2020 Fitness Center fee structure be forwarded to City Council for approval as presented. BACKGROUND/DISCUSSION: Attached is the proposed fee structure for fitness center fees for FY2020. Staff have analyzed several factors including membership trends, and surrounding facilities fees while putting together the fees schedule. The Fitness Center’s memberships fluctuate considerably throughout the year. As a result, staff takes a conservative approach for revenue growth by assuming membership levels will remain the same throughout the year based on membership totals in September. City Staff are recommending the following: • Membership Fees: Increase all membership fees by an adjusted 4% for FY20. The 4% increase was taken over FY19 fees and then adjusted to be divisible by 12 months so that our registration software system can use the automatic monthly billing for all annual memberships. This adjustment to the increase will provide a consistent amount to be drawn each month providing our members a smooth and understandable transaction. • Monthly Memberships: Continue to offer the month to month membership option. In FY17, Staff had eliminated the 6 month and 3 month membership options and began offering the Month to Month membership options which allows perspective members the flexibility to cancel their membership with 30 days written notice. The month to month membership is also a good alternative for those looking for a short term option. This option has proved successful as memberships have increased in several categories. BUDGET/FISCAL IMPACT: Staff anticipates a positive revenue differential of $9,613 over FY19. City Staff are requesting the approval of the proposed FY2020 Lake Forest Fitness Center fee structure as presented. 88 MEMORANDUM THE CITY OF LAKE FOREST OFFICE OF THE CITY MANAGER Page 1 TO: Elizabeth Holleb, Finance Director CC: Robert R. Kiely, Jr., City Manager FROM: Mike Strong, Assistant to the City Manager DATE: October 22, 2018 SUBJECT: Proposed OCM Fees for FY2020 As part of the City’s review of fees and charges for FY2019, a request to increase certain fees is being submitted. Special Event Fees From time-to-time, special event organizers request special city services (e.g. equipment rentals/delivery) or City employees (e.g. general event support, security, or emergency medical services) to support their event. Pursuant to the City Code (§10.13), fees for these City services may be imposed in connection with recovering costs related to the personnel time associated with this support. Personnel Rates for Special Event Support Rates for City employees are set based on an average total compensation (includes salaries and benefits) for employees in the workgroup. Traditionally, the City has adjusted these rates to reflect changes in union contracts and special contractual rates for special time worked or overtime. Rates proposed for FY2020 reflect approved changes to salaries and benefits as outlined in the City’s official Pay Plan and bargaining unit contract, if applicable. It should be noted that rates have typically been rounded for ease of invoicing purposes. Accordingly, City staff is requesting to adjust rates to reflect these contract amounts, as follows: Personnel Classification Current City Expense Current Rate Proposed Rate % Change Projected Revenue Police Officer Hourly Rate $85.39 $84.00 $86.00 2.38% $60.00 89 90 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, November 19, 2018 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order at 6:30pm, and the City 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. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Lansing announced that a new City Manager will be named at the December 3 City Council meeting. He also stated that fund raising for the North Beach Access Road is going well and he invited residents to attend the annual festivities of the Tree Lighting Ceremony on Friday, November 23. COMMENTS BY CITY MANAGER A. ERP Implementation Update: Utility Billing - Elizabeth Holleb, Director of Finance Ms. Holleb gave a brief update on the impacts the residents will see as the utility billing module goes live. She also reviewed enhancements residents can expect on their bill such as usage charts. B. ERP Implementation Update: Transition to New Building Permit and Inspection Software - Catherine Czerniak, Director of Community Development Ms. Czerniak reviewed the Community Developments’ timeline as the go live date will be December 3 for the Building and Business License components. She also reported that this has streamlined applications and processes and centralized addresses. C. Smart 911 Rollout - Karl Walldorf, Chief of Police Mr. Walldorf reported on the capabilities of registering and using the Smart 911 app, how to sign up and the City’s upcoming move from Code Red to Rave Alert. COMMITTEE REPORTS FINANCE COMMITTEE 1. Consideration of an Ordinance Establishing the 2018 Tax Levy (First Reading) 91 Proceedings of the Monday, November 19, 2018 Regular City Council Meeting Ms. Holleb reviewed the proposed tax levy for 2018 that included the tax levy limitations under the tax cap, the tax levy distributed by fund- without new growth and allowances distributed, the tax levy by fund with new growth and allowances distributed and an explanation of the tax increase to an average homeowner. Ms. Holleb reported that the proposed tax levy for 2018 reflects a 3.10% increase over the 2017 tax levy extensions for the City and Library operating funds and City pension and debt service funds. This increase is comprised of the 2.10% property tax cap increase on operating and IMRF pension levies; debt service bond levies as previously approved by City Council bond Ordinances, subject to abatement for debt paid by alternate revenue sources; increases attributable to new construction; and increases in police and fire pension costs as determined by an independent actuarial valuation. Mayor Lansing asked if there was anyone from the public who would like to comment on this item. Seeing none he asked for a motion. COUNCIL ACTION: Grant first reading of an Ordinance Establishing the 2018 Tax Levy Alderman Morris made a motion to grant first reading of an Ordinance Establishing the 2018 Tax Levy, seconded by Alderman Preschlack. 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. Approval of Ordinances Abating 2018 Tax Levies for Various G.O. Alternate Revenue Bond Issues (First Reading) Ms. Holleb reported that the proposed Ordinances provide for the abatement of 2018 taxes levied for the various outstanding general obligation alternative revenue bond issues. Mayor Lansing asked if there was anyone from the public who would like to comment on this item. Seeing none he, asked for a motion. COUNCIL ACTION: Grant first reading approval of the Ordinances abating tax levies for various general obligation bond issues. Alderman Rummel made a motion to grant first reading approval of the Ordinances abating tax levies for various general obligation bond issues, seconded by Alderman Reisenberg. 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. 3. Consideration of an Ordinance approving a Fee Schedule and Ordinance adopting new fees related to Public Works (First Reading) Ms. Holleb reported that a comprehensive fee schedule was provided as Exhibit A to the Ordinance approving a fee schedule.The fee revisions and proposed new fees will be further discussed at the November 26, 2018 Finance Committee meeting. Fees related to the Water Utility Fund are not yet incorporated into the proposed fee schedule pending the November 26 discussion. Mayor Lansing asked if there was anyone from the public who would like to comment on this item. Seeing none he, asked for a motion. COUNCIL ACTION: Grant first reading to the proposed ordinances. 92 Proceedings of the Monday, November 19, 2018 Regular City Council Meeting Alderman Rummel made a motion to grant first reading approval of the Ordinances abating tax levies for various general obligation bond issues, seconded by Alderman Reisenberg. 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. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the November 5, 2018 City Council Meeting Minutes 2. Authorization to Purchase Knollwood Fire Engine 44, and Assume AFG Grant for Fire Truck 44. 3. Approval of a Public Right-of-Way Dedication for the Everett/Waukegan Intersection Improvement Project 4. Approval of All City Expenditures and Contractor Recommendations for the Waukegan Road Sidewalk Project 5. Approval of Two Agreements with AECOM and Ratification of Expenses Incurred for Forest Park Bluff Evaluation Assistance and Virtual Renderings in the Amount of $14,350. 6. Consideration of Adoption of Updated Versions of the Previously Adopted State and National Life Safety and Building Codes. (First Reading) 7. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 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. Seeing none, Mayor Lansing asked for a motion to approve the seven (7) Omnibus items as presented. Alderman Preschlack made a motion to approve the ten (10) Omnibus items as presented, 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. 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 NEW BUSINESS 1. Award of Bid for a Four-Year Building Sidewalk Snow & Ice Service Contract to The Service Innovators in an Annual Estimated Amount of $60,000 Mr. Martin reported that the City is responsible for snow removal and ice control for entrance locations and sidewalks and that prior to 2015, the entire snow removal program was accomplished in-house. On October 11, 2018, bid invitations for the program were advertised. The City received four bids that were submitted for the October 25, 2018 public bid opening. 93 Proceedings of the Monday, November 19, 2018 Regular City Council Meeting The apparent low bidder was Kaplan Paving. Kaplan’s bid (which was unsealed) was turned in the day before the bid opening at the Municipal Services Building’s front counter and placed in the Public Works inter-office mail box. Staff saw Kaplan’s unsealed bid the morning of the bid opening and contacted Kaplan to notify the company that the bid needed to be in a sealed envelope. Kaplan immediately drove to Municipal Services, placed the bid in an envelope, sealed it, and submitted it at 10:06 a.m.; six minutes after the bid opening deadline of 10:00 a.m. Because Kaplan’s bid was submitted past the deadline, City staff did not open the bid and officially read it aloud at the bid opening. The City Council had discussion on the event, past performance of Kaplan and the options of rejection, rebidding and awarding another bidder. Based on the City Attorney’s recommendation that it is not in the City’s best interest to waive the apparent low bidder’s procedural irregularities, City staff recommended that the City Council approve TSI as the lowest responsive and responsible bidder and asked to award the contract to TSI. COUNCIL ACTION: Award of Bid for a four-year Building Sidewalk Snow & Ice Service Contract to The Service Innovators in an annual estimated amount of $60,000. Alderman Rummel made a motion to Award of Bid for a four-year Building Sidewalk Snow & Ice Service Contract to The Service Innovators in an annual estimated amount of $60,000, seconded by Alderman Beidler. The following voted “Aye”: Aldermen Beidler, Morris, Rummel, Preschlack, Moreno and Buschmann. The following voted “Nay”: Alderman Newman, Reisenberg. 6- Ayes, 2 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS 1. Golf Committee Report - Alderman Tim Newman Alderman Newman and Alderman Beidler reported that the City Council would like to name the Deerpath Golf Course Club House Patio after the City Manager, Bob Kiely, as a gesture of thanks for decades of public service to The City of Lake Forest. ADJOURNMENT There being no further business Mayor Lansing asked for a motion. Alderman Buschmann made a motion to adjourn, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote at 8:07 pm. 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. 94 1 METRA/UP NORTH LINE TRAIN STATION Between The City of Lake Forest and Hansa Coffee Roasters Sub-Lease of Tenant Space Central Business District Train Station 714 N. McKinley, Lake Forest, IL 60045 General Summary of Terms & Conditions Updated November 27, 2018 1. Property Sub-Lease: Sub-lease of east Lake Forest Train Station, 714 N. McKinley, Lake Forest, Illinois. The vacant space is located at the north-end of the train station, formerly the Northern Trust Bank space, approximately 1,199 square feet. Vacant space includes one restroom and kitchenette area, along with access to a storage closet. 2. Sub-Lease Rate and General Terms: a. Initial Lease term – five (5) years for initial term, with option for one (1) 5 year renewal. b. Sublease Rate – First year sublease rate would be $2,450/month. Rent payments to start, or commence, upon issuance of certificate of occupancy by the City of Lake Forest or with 120 days of the execution of the lease, whichever occurs sooner. c. Annual Increase – The second year of the sublease, and subsequent years of the Term of the Sublease shall be adjusted by the greater of three percent (3%) or any change in the Consumer Price Index (“CPI”) as of the last day of the month preceding the anniversary date of the Sublease during the Term, or any extensions of the Sublease. d. Hours of operation – 6 am – 8 pm, Monday through Friday, and hours on Saturday and Sunday, generally between 7 am – 6 pm, or at the discretion of the tenant. All hours of operation shall be approved by the City prior to the execution of the Sublease, and are subject to approval by Union Pacific and/or Metra Railroad. e. Parking spaces – Sublessee shall have non-exclusive use of the temporary parking spaces within the existing parking lot at the facility. City agrees to work with the Sublessee on determining alternative parking options for the Sublessee’s patrons. 95 2 f. Employee parking permits – Sublessee will be entitled to the use of two (2) employee parking permits. Additional employee parking permits to be purchased by Sublessee. g. Signage – To be agreed upon. h. # of employees – This business anticipates employing 2-5 employees to manage and operate the subleased space. i. City services – City will provide trash removal, and ice/snow removal on the platform and janitorial service/maintenance for the public lobby areas within the depot (excludes any space sublet by the Sublessee). j. Security deposit – A security deposit of $4,900 (An amount equal to two months of base rent based on strength of existing business/tenant) shall be held by Sublessor as security for the performance of Sublessee’s obligations under this Sublease. k. Utilities – Sublessee shall pay all electrical and water utility charges applicable to the operation of the business. City shall work with the Sublessee to ensure access to utilities, including if necessary, the expansion of cable or other services. 3. Additional Conditions and Considerations: a. In order to make the lease-hold space a viable office environment, Hansa Coffee will clean-up the existing lease-hold space toilet room and have use of it. Therefore, it and the janitor's closet will become part of the lease-hold space; b. To reduce initial construction costs by Hansa Coffee, the City of Lake Forest will wave permit and review fees and dumpster charges for this project; c. The City will allow Hansa Coffee to provide and install interior storm windows at Hansa Coffee’s own cost if it chooses to do so; d. The City of Lake Forest will ensure that the existing building shell is secure, dry and free of defects that could cause damage to the interior build-out by Hansa Coffee (e.g. roof or wall leaks, window leaks, etc.) If the exterior building shell fails, the City will repair any interior or equipment damages caused by the building shell failure; 96 3 e. During the life of the sub-lease, new mechanical, electrical, and plumbing equipment that is purchased by Hansa Coffee shall be deemed the property of the City of Lake Forest, and shall be serviced and maintained by the City; and f. Upon the earlier of vacation of the lease-hold space or termination of the sublease, all tenant improvements that are architectural in nature (not furnishings such as furniture, displays, etc.) will remain in ownership of the City of Lake Forest and/or Union Pacific Railroad. 97 {00018050} SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT is made this _____ day of ______________, 20_____ ("Execution Date"), by and between The City of Lake Forest ("Sublessor"), and the Subtenant named below. Subtenant: Hansa Coffee Roasters, Ltd. 755 N. Milwaukee Avenue Libertyville, IL 60048 Attn: Tom Maegdlin Phone: 312-945-9363 Email: tom@hansacoffee.com Premises: That portion of the East Lake Forest Train Station consisting of approximately 1,199 square feet and shown on the attached diagrams marked Exhibit A attached hereto (the "Premises"). Sublease Term: _____________, 2018 ("Commencement Date") through ______________, 2023, including any renewals as authorized by Paragraph 7. SUBLEASE AGREEMENT 1. Granting Clause. In consideration of the obligation of Subtenant to pay Rent (as hereinafter defined) as provided in this Sublease and in consideration of the other terms, covenants, and conditions hereof, Sublessor subleases to Subtenant, and Subtenant takes from Sublessor, the Premises, to have and to hold for the Sublease Term, subject to the terms, covenants and conditions of this Sublease. 2. Acceptance of Premises. Subtenant shall accept the Premises in its "as is, where is" condition as of the Commencement Date, subject to all applicable laws, ordinances, regulations, covenants, restrictions, any existing easements, permits or licenses, and the lease agreement between The City of Lake Forest and Union Pacific Railroad Company ("Lessor"), dated September 1, 2011 (the "Lease") for the entire train station (the "Depot"), without any representations or warranties of any kind (including, without limitation, any express or implied warranties of merchantability, fitness or habitability) and without any obligation on the part of Sublessor to alter, remodel, improve, repair or decorate the Premises or any part thereof (or to provide Subtenant with any credit or allowance for same). Further, Subtenant accepts the Premises subject to rights of any party, including Lessor and Sublessor, in and to any existing conduits, sewers, water lines, gas lines, power lines, drainage facilities, telephone, telegraph or other wires, and poles and utilities or facilities of any kind whatsoever, whether or not of record, and should it at any time become necessary to relocate any of the same by reason of this Sublease, Subtenant shall bear and pay the cost of doing so. Sublessor has made no representation or warranty as to the suitability of the Premises for the conduct of Subtenant's business, and Subtenant waives any 98 {00018050} 2 implied warranty that the Premises are suitable for Subtenant's intended purposes. In no event shall Sublessor have any obligation for any defects in the Premises or any limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Subtenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Subtenant assumes the risk of any damages Subtenant may sustain as a result of, or in connection with, any want or failure at any time of Sublessor's title, if any, to the premises 3. Use. The City shall provide Subtenant access to the Depot prior to the Commencement Date between the hours of 7:00a.m. and 8:00 p.m. Monday through Friday for the sole purpose of permitting Subtenant to install the improvements necessary for Subtenant to perform the uses described in this paragraph on the Premises. The Premises shall be used only for the retail and/or food service establishment use of Subtenant. Subtenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises. Subtenant agrees to handle only such articles as are appropriate to this type of business occupancy or use and shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Sublessor or any adjacent property owners. Subtenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). Subtenant will not use or permit the Premises to be used for any purpose or in any manner that would void Subtenant's or Sublessor's insurance, or increase the insurance risk. If any increase in the cost of any insurance on the Premises is caused by Subtenant's use or occupancy of the Premises, then Subtenant shall pay the amount of such increase to Sublessor within ten (10) days after Sublessor's written demand therefor. 4. Additional Considerations. As partial consideration for entering this Sublease, Subtenant agrees that any products ordered at retail or delivered to a customer at the Premises shall be considered to have a "point-of-sale" in The City of Lake Forest, for the purpose of sales tax calculation and collection. 5. Monthly Base Rent; Adjustments. The Commencement Date shall be the earlier of the City’s issuance of a Certificate of Occupancy for the Premises or 120 days following the Execution Date. Subtenant shall pay monthly base rent in the amount of Two Thousand Four Hundred and Fifty Dollars ($2,450.00) per month ("Monthly Base Rent"). The first installment of Monthly Base Rent and the Security Deposit shall be due and payable on the Commencement Date. Subtenant promises to pay to Sublessor in advance, without demand, deduction or set-off, monthly installments of Monthly Base Rent on or before the first day of each calendar month succeeding the Commencement Date. The first twelve (12) month period following the Commencement Date (including any partial month in which the Commencement Date occurs) and each twelve-month period thereafter during the Sublease Term shall be referred to herein as a "Sublease Year." Subtenant shall pay Monthly Base Rent for any partial month during the Sublease Term in an amount equal to the Monthly Base Rent for such month multiplied by a fraction, the numerator of which shall be the number of partial days in such month falling within the Sublease Term and the denominator of which shall be the number of days in such month. 99 {00018050} 3 After the initial Sublease Year, and for each subsequent Sublease Year, the Monthly Base Rent shall be adjusted by an amount equal to the greater of three percent (3%) or the percentage increase in the CPI during the prior Sublease Year. “CPI” means the Consumer Price Index for all Urban Consumers, U.S. City Average, All Items, issued by the Bureau of Labor Statistics for the United States Department of Labor (1982-B4=100). If the CPI is converted to a different standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be made with the use of the conversion formula published by the Bureau of Labor Statistics. Sublessor will endeavor to notify Subtenant of the modification to the Monthly Base Rent at least twenty (20) days prior to the anniversary of the Commencement Date for each Sublease Year, but any delay or failure of Sublessor to provide Subtenant with such notice shall not excuse Subtenant from paying the modified Monthly Base Rent. All payments required to be made by Subtenant to Sublessor hereunder shall be payable to Sublessor at 220 East Deerpath, Lake Forest IL 60045, or at such address as Sublessor may specify from time to time by written notice delivered in accordance herewith. The Monthly Base Rent and any other sums due and owing Sublessor under this Sublease shall be collectively referred to herein as "Rent". Subtenant shall have no right at any time to abate, reduce, or set-off any Rent due hereunder except as may be expressly provided in this Sublease. If Subtenant is delinquent in any monthly installment of Rent due and owing under this Sublease for more than five (5) days, Subtenant shall pay to Sublessor on demand a late charge equal to five percent (5%) of such delinquent sum until paid. The provision for such late charge shall be in addition to all of Sublessor's other rights and remedies hereunder or at law or in equity and shall not be construed as a penalty. Furthermore, any unpaid Rent shall constitute a lien upon any property owned by Subtenant located upon the Premises, and the lien may be foreclosed according to law. 6. Security Deposit. A security deposit in the amount of Four Thousand Nine Hundred Dollars ($4,900.00, being the "Security Deposit") shall be held by Sublessor as security for the performance of Subtenant's obligations under this Sublease. Sublessor shall not be required to keep the Security Deposit in a separate account nor shall Sublessor be required to pay Subtenant any interest thereon. The Security Deposit is not an advance rental deposit or a measure of Sublessor's damages in case of Subtenant's default. Upon each occurrence of an Event of Default (hereinafter defined), Sublessor may use all or part of the Security Deposit to pay delinquent payments due under this Sublease, and the cost of any damage, injury, expense or liability caused by such Event of Default, without prejudice to any other remedy provided herein or provided by law or in equity. In the event Sublessor uses all or any portion of the Security Deposit, Subtenant shall, within ten (10) days after Sublessor's demand therefor, pay Sublessor the amount that will restore the Security Deposit to its original amount. Sublessor's obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The Security Deposit shall be the property of Sublessor, but shall be paid to Subtenant within sixty (60) days after Subtenant's obligations under this Sublease have been completely fulfilled. Upon the sale or transfer of this Sublease and/or the Premises to a person or entity assuming Sublessor's obligations hereunder, Sublessor shall assign and/or transfer the Security Deposit to such successor and shall thereafter be released from any obligation with respect to the Security Deposit, and Subtenant shall look solely to such successor to Sublessor's interest for all matters regarding the Security Deposit. 7. Term; Renewal. This Sublease will run for five (5) years, beginning with the Commencement Date (the “Initial Term”), unless terminated sooner as provided in this Sublease. 100 {00018050} 4 Provided the Subtenant is not then in default under this Sublease, Subtenant may renew the term of this Sublease for not more than one (1) successive renewal term of five (5) years, provided Subtenant notifies Sublessor in writing of its intention to renew the Sublease at any time at least one hundred (180) days prior to the expiration of the Initial Term or any renewal term. The Monthly Base Rent for the Initial Term and any renewal terms shall be as set forth in Paragraph 5 of this Sublease. 8. Utilities and Services. For those that are separately metered and used solely by the Subtenant, Subtenant shall pay for all water, gas, electricity, heat, light, power, telephone, sewer, sprinkler services, janitorial services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any storm sewer charges or other similar charges for utilities imposed by any governmental entity or utility provider directly to the provider of such services. In the event Subtenant fails to pay for any utilities or services as required under this Paragraph, Sublessor shall have the right, but not the obligation, upon ten (10) days prior written notice to Subtenant, to pay such utility or service bills on Subtenant's behalf and charge Subtenant for same (plus a penalty equal to 5% of the past due amount) as Rent under this Sublease due and payable upon Sublessor's written demand therefor. No interruption or failure of utilities or services shall result in the termination of this Sublease or the abatement of Rent. 9. Parking. During the term of this Sublease, the Subtenant shall have the non- exclusive use in common with the Sublessor, other tenants of the Depot, their guests and invitees, of the non-reserved common automobile parking areas, driveways, and footways, subject to the rules and regulations for the use thereof as prescribed from time to time by the Sublessor. Sublessor shall furnish no more than two (2) parking permits to be utilized by Subtenant, its agents and employees for use in an approved City parking lot adjacent to the Depot. The Sublessor makes no guarantees of available parking as a result of the assignment of the parking permits. Furthermore, Subtenant shall provide Sublessor with a list of all license numbers for vehicles owned by the Subtenant, its agents and employees upon the Sublessor’s rquest. Subtenant further agrees to review parking accommodations upon six-months after the Commencement Date of the Sublease. 10. Taxes. The Premises are currently exempt from payment of real estate taxes. If at any time in the future the Premises are assessed and real estate taxes are due, Subtenant shall pay all real estate taxes or other charges applicable to or assessed against the Premises, even though such taxes may not become due and payable until after the expiration or termination of this Sublease. If any such taxes or charges shall have been paid by Sublessor, Subtenant agrees to reimburse Sublessor within 20 days after presentation of a bill therefor. In default of such reimbursements, all sums so paid by Sublessor shall be deemed Rent and recoverable as such. Subtenant shall be liable for all taxes levied or assessed against any personal property or fixtures placed in the Premises, whether levied or assessed against Sublessor or Subtenant. 11. Insurance. Subtenant, at its expense, shall maintain from the date Subtenant executes and delivers this Sublease through the Sublease Term: all risk property insurance covering the full replacement cost of all property and improvements installed or placed in the Premises by Subtenant at Subtenant's expense; worker's compensation insurance with no less than the minimum limits required by law; employer's liability insurance with such limits as required by law; and commercial general liability insurance, with a minimum limit of $1,000,000 per 101 {00018050} 5 occurrence and a minimum umbrella limit of $1,000,000, for a total minimum combined general liability and umbrella limit of $2,000,000 (together with such additional umbrella coverage as Sublessor may reasonably require) for property damage, personal injuries, or deaths of persons occurring in or about the Premises. Sublessor may from time to time require reasonable increases in any such limits. The commercial liability policies shall name Sublessor as additional insureds (and any other party reasonably requested by Sublessor), insure on an occurrence and not a claims- made basis, be issued by insurance companies which are reasonably acceptable to Sublessor, not be cancelable unless thirty (30) days' prior written notice shall have been given to Sublessor, contain a hostile fire endorsement and a contractual liability endorsement and provide primary coverage to Sublessor (any policy issued to Sublessor providing duplicate or similar coverage shall be deemed excess over Subtenant's policies). Such policies or certificates thereof shall be delivered to Sublessor by Subtenant prior to the Commencement Date and upon each renewal of said insurance. The all risk property insurance obtained by Sublessor and Subtenant shall include a waiver of subrogation by the insurers and all rights based upon an assignment from its insured, against Sublessor or Subtenant, their officers, directors, employees, managers, agents, invitees and contractors, in connection with any loss or damage thereby insured against. Neither party nor its officers, directors, employees, managers, agents, invitees or contractors shall be liable to the other for loss or damage caused by any risk coverable by all risk property insurance, and each party waives any claims against the other party, and its officers, directors, employees, managers, agents, invitees and contractors for such loss or damage. The failure of a party to insure its property shall not void this waiver. Sublessor and its agents, employees and contractors shall not be liable for, and Subtenant hereby waives all claims against such parties for, business interruption and losses occasioned thereby sustained by Subtenant or any person claiming through Subtenant resulting from any accident or occurrence in or upon the Premises from any cause whatsoever, including without limitation, damage caused in whole or in part, directly or indirectly, by the negligence of Sublessor or its agents, employees or contractors; but, excluding any accident or occurrence caused directly by the gross negligence or willful misconduct of Sublessor or its agents, employees or contractors. 12. Subtenant's Repairs and Maintenance. Subtenant shall at all times keep the Premises clean and in good repair and condition, including the painting thereof. Subtenant shall not post, paint, or place on the premises any advertisement or sign not related directly to Subtenant's business and not in conformity with this Sublease. Sublessor will perform plowing and general exterior maintenance surrounding the Premises consistent with its general practices at the Depot including, but not limited to, snow removal and landscaping at the Premises. Subtenant shall bear the full cost of any repair or replacement to any part of the Premises that incurs damage caused by Subtenant, its agents, employees, contractors, or invitees. 13. Subtenant-Made Alterations and Trade Fixtures. Any alterations, additions, or improvements made by or on behalf of Subtenant to the Premises ("Subtenant-Made Alterations") shall be at Subtenant's own expense and shall be subject to Sublessor's prior written consent, which consent shall not be unreasonably withheld or delayed. Subtenant shall cause, at its expense, all Subtenant-Made Alterations to comply with insurance requirements and with Legal Requirements and shall construct at its expense any alteration or modification required by Legal Requirements as a result of any Subtenant-Made Alterations. All Subtenant-Made Alterations shall be 102 {00018050} 6 constructed in a good and workmanlike manner by contractors reasonably acceptable to Sublessor and only good grades of materials shall be used. All plans and specifications for any Subtenant- Made Alterations shall be submitted to Sublessor for its approval, which approval shall not be unreasonably withheld or delayed. Sublessor may monitor construction of the Subtenant-Made Alterations. Subtenant shall reimburse Sublessor for costs actually incurred by Sublessor in reviewing plans and specifications and in monitoring construction. Sublessor's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Sublessor's approval of any such plans and specifications shall in no way be deemed a representation that the construction complies with applicable laws, codes, rules and regulations. Subtenant shall provide Sublessor with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Sublessor may post on and about the Premises notices of non-responsibility pursuant to applicable law. Subtenant shall furnish security or make other arrangements satisfactory to Sublessor to assure payment for the completion of all work free and clear of liens and shall provide certificates of insurance for worker's compensation and other coverage in amounts and from an insurance company satisfactory to Sublessor protecting Sublessor against liability for personal injury or property damage during construction. Upon completion of any Subtenant-Made Alterations, Subtenant shall deliver to Sublessor sworn statements setting forth the names of all contractors and subcontractors who did work on the Subtenant-Made Alterations and final lien waivers from all such contractors and subcontractors. Upon surrender of the Premises, all Subtenant-Made Alterations and any Subleasehold improvements constructed by Sublessor or Subtenant shall remain on the Premises as Sublessor's property, except to the extent (a) Sublessor requires removal of any such Subtenant- Made Alterations at Subtenant's expense prior to the expiration of the Sublease Term or earlier termination of this Sublease, or (b) Sublessor and Subtenant have otherwise agreed in writing in connection with Sublessor's consent to any Subtenant-Made Alterations. Subtenant shall repair any damage to the Premises caused by such removal, unless Sublessor elects to complete such repairs itself, in which case Subtenant shall reimburse Sublessor for the costs of such repairs within ten (10) days after Sublessor's written demand therefor. If Subtenant fails to remove any Subtenant-Made Alterations per the requirements of this Paragraph, or fails to repair any damage caused thereby, Sublessor shall have the right, but not the obligation, to complete such removal and/or repairs at Subtenant's expense, and Subtenant shall reimburse Sublessor for same, as Rent, within ten (10) days after Sublessor's written demand therefor. Subtenant, at its own cost and expense and without Sublessor's prior approval, may erect such shelves, bins, and trade fixtures (collectively "Trade Fixtures") in the ordinary course of its business provided that such Trade Fixtures do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without injury to the Premises, and the construction, erection, and installation thereof complies with all Legal Requirements and with Sublessor's requirements set forth above. Prior to the expiration of the Sublease Term or earlier termination of this Sublease, Subtenant shall remove its Trade Fixtures and shall repair any damage caused by such removal, unless Sublessor elects to complete such repairs itself, in which case Subtenant shall reimburse Sublessor for the costs of such repairs within ten (10) days after Sublessor's written demand therefor. If Subtenant fails to remove any Trade Fixtures per the requirements of this Paragraph, or fails to repair any damage caused thereby, Sublessor shall have the right, but not the obligation, to complete such removal and/or repairs at Subtenant's expense, and Subtenant shall reimburse Sublessor for same, as Rent, within ten (10) days after Sublessor's 103 {00018050} 7 written demand therefor. Subtenant's obligations under this Paragraph shall survive the expiration of the Sublease Term or earlier termination of this Sublease. 14. Signs. Subtenant shall not make any changes to the exterior of the Premises, install any exterior lights, decorations, balloons, flags, pennants, banners, or painting, or erect or install any signs, windows or door lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Premises, without Sublessor's prior written consent, which consent may be withheld in Sublessor's sole discretion. Prior to the expiration of the Sublease Term or earlier termination of this Sublease, Subtenant shall remove all signs, if any, installed by Subtenant and repair, paint, and/or replace the building fascia surface to which its signs are attached, unless Sublessor elects to complete such repairs, paint and/or replacements itself, in which event Subtenant shall reimburse Sublessor for such costs within ten (10) days after Sublessor's written demand therefor. Subtenant shall, at Subtenant's sole cost and expense, obtain all applicable governmental permits and approvals for sign and exterior treatments. All signs, decorations, advertising media, blinds, draperies and other window treatment or bars or other security installations visible from outside the Premises shall be subject to Sublessor's approval and conform in all respects to Sublessor's requirements and all Legal Requirements. 15. Restoration. If at any time during the Sublease Term the Premises are damaged by a fire or other casualty, Subtenant shall notify Sublessor of such damage immediately. Sublessor shall notify Subtenant within seventy-five (75) days after Sublessor's receipt of Subtenant's casualty notice as to the amount of time Sublessor reasonably estimates it will take to restore the Premises (the "Restoration Estimate Notice"). If the restoration time is estimated to exceed six (6) months after the date Sublessor delivers the Restoration Estimate Notice, Sublessor may elect to (a) complete such repairs or (b) terminate this Sublease upon written notice to Subtenant given no later than thirty (30) days after Sublessor's delivery of the Restoration Estimate Notice. If Sublessor does not elect to terminate this Sublease or if Sublessor estimates that restoration will take six (6) months or less, then, subject to receipt of sufficient insurance proceeds, Sublessor shall promptly restore the Premises excluding the improvements installed by Subtenant or by Sublessor and paid by Subtenant, subject to delays arising from the collection of insurance proceeds or from Force Majeure (as hereinafter defined) events. If Sublessor restores the Premises, Subtenant, at Subtenant's expense, shall promptly perform all repairs or restoration not required to be done by Sublessor and shall promptly re-enter the Premises and commence doing business in accordance with this Sublease. Notwithstanding the foregoing, either party may terminate this Sublease if the Premises are damaged during the last three (3) months of the Sublease Term and Sublessor reasonably estimates that it will take more than one (1) month to repair such damage. Monthly Base Rent shall be abated for the period of repair and restoration in the proportion which the area of the Premises, if any, which is not usable by Subtenant bears to the total area of the Depot. Such abatement shall be the sole remedy of Subtenant, and except as provided herein, Subtenant waives any right to terminate the Sublease by reason of damage or casualty loss. 16. Condemnation. If any part of the Premises should be taken for any public or quasi- public use under governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a "Taking" or "Taken"), and the Taking would, in Sublessor's reasonable judgment, prevent or materially interfere with Subtenant's use of the Premises, then upon written notice by Sublessor this Sublease shall terminate and Monthly Base Rent shall be apportioned as of said date. If part of the Premises shall be Taken, and this Sublease is not 104 {00018050} 8 terminated as provided above, the Monthly Base Rent payable hereunder during the unexpired Sublease Term shall be reduced to such extent as may be fair and reasonable under the circumstances. In the event of any such Taking, Sublessor shall be entitled to receive the entire price or award from any such Taking without any payment to Subtenant, and Subtenant hereby assigns to Sublessor Subtenant's interest, if any, in such award. Subtenant shall have the right, to the extent that same shall not diminish or reduce Sublessor's award, to make a separate claim against the condemning authority (but not Sublessor) for such compensation as may be separately awarded or recoverable by Subtenant for moving expenses and damage to Subtenant's Trade Fixtures, if a separate award for such items is made to Subtenant. 17. Assignment and Subletting. Any sale, assignment, transfer, or underletting of this Sublease by Subtenant without the prior written consent of Sublessor shall be void and of no effect. For purposes of this Paragraph, a transfer of the ownership interests controlling Subtenant shall be deemed an assignment of this Sublease. Notwithstanding any assignment or subletting, Subtenant shall at all times remain fully responsible and liable for the payment of Rent and for compliance with all of Subtenant's other obligations under this Sublease (regardless of whether Sublessor's approval has been obtained for any such assignments or sublettings). 18. Indemnification. Except for the gross negligence or intentional misconduct of Sublessor, its agents, employees, corporate authorities, or contractors, and to the extent permitted by law, Subtenant agrees to indemnify, defend and hold harmless Sublessor, and Sublessor's agents, employees, corporate authorities, and contractors, from and against any and all losses, liabilities, damages, costs and expenses (including attorneys' fees and court costs) resulting from claims for injuries to any person and damage to or theft or misappropriation or loss of property occurring in, on or about the Premises and arising from the use and occupancy of the Premises or from Subtenant's failure to perform any obligations or covenants of Subtenant under this Sublease or from any activity, work, or thing done, permitted or suffered by Subtenant in or about the Premises or due to any other act or omission of Subtenant, its sub-subtenants, assignees, invitees, employees, contractors and agents. The furnishing of insurance required hereunder shall not be deemed to limit Subtenant's obligations under this Paragraph. The indemnification obligations of Subtenant hereunder shall survive the expiration or earlier termination of this Sublease. 19. Inspection and Access. Sublessor and its agents, representatives, and contractors may enter the Premises at any reasonable time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Sublease and for any other business purpose. Sublessor may gr ant easements, make public dedications, designate common areas and create restrictions on or about the Premises, provided that no such easement, dedication, designation or restriction materially interferes with Subtenant's use or occupancy of the Premises. At Sublessor's request, Subtenant shall execute such instruments as may be necessary for such easements, dedications or restrictions. 20. Quiet Enjoyment. Sublessor makes no covenant for quiet enjoyment of the Premises. 105 {00018050} 9 21. Surrender. Upon termination of the Sublease Term or earlier termination of Subtenant's right of possession, Subtenant shall surrender the Premises to Sublessor in the same condition as received, broom clean, ordinary wear and tear excepted. Any Trade Fixtures, Subtenant-Made Alterations and property not so removed by Subtenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Sublessor at Subtenant's expense, and Subtenant waives all claims against Sublessor for any damages resulting from Sublessor's retention and disposition of such property. All obligations of Subtenant hereunder not fully performed as of the termination of the Sublease Term shall survive the termination of the Sublease Term, including without limitation, indemnity obligations, payment obligations with respect to Rent and obligations concerning the condition and repair of the Premises. 22. Holding Over. If Subtenant retains possession of the Premises after the termination of the Sublease Term, unless otherwise agreed in writing and signed by Sublessor, such possession shall be subject to immediate termination by Sublessor at any time, and all of the other terms and provisions of this Sublease shall be applicable during such holdover period, except that Subtenant shall pay Sublessor from time to time, upon demand, as Monthly Base Rent for the holdover period, an amount equal to two hundred percent (200%) of the Monthly Base Rent in effect on the termination date, computed on a monthly basis for each month or part thereof during such holding over. Rent for any partial month during the holdover period shall not be prorated. All other payments shall continue under the terms of this Sublease. In addition, Subtenant shall be liable for all direct and/or consequential damages incurred by Sublessor as a result of such holding over. No holding over by Subtenant, whether with or without consent of Sublessor, shall operate to extend this Sublease except as otherwise expressly provided, and this Paragraph shall not be construed as consent for Subtenant to retain possession of the Premises following the expiration of the Sublease Term or earlier termination of this Sublease. 23. Failure to Vacate. Subtenant shall pay Sublessor as liquidated damages and not as a penalty for forfeiture, $200 per day for all the times Subtenant shall retain possession of the Premises or any part thereof, after the termination of this Sublease whether by lapse of time or otherwise. "Possession of the Premises" shall include, but shall not be limited to, continued placement of materials, signs, debris or other articles or facilities owned by Subtenant or permitted to be placed on the premises by Subtenant. 24. Events of Default. Each of the following events shall be an event of default ("Event of Default") by Subtenant under this Sublease: (a) Subtenant shall fail to pay any installment of Rent or any other payment required herein when due, and such failure shall continue for a period of five (5) days after such payment was due. (b) Subtenant or any guarantor or surety of Subtenant's obligations hereunder shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial 106 {00018050} 10 part of its property (collectively a "proceeding for relief"); (C) become the subject of any proceeding for relief which is not dismissed within sixty (60) days of its filing or entry; or (D) die or suffer a legal disability (if Subtenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Subtenant, guarantor or surety is a corporation, partnership or other entity). (c) Any insurance required to be maintained by Subtenant pursuant to this Sublease shall be cancelled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Sublease. (d) Subtenant shall not occupy or shall vacate the Premises or shall fail to continuously operate its business at the Premises for the permitted use set forth herein, whether or not Subtenant is in monetary or other default under this Sublease. (e) Subtenant shall attempt or there shall occur any assignment, subleasing or other transfer of Subtenant's interest in or with respect to this Sublease, except as otherwise permitted in this Sublease. (f) Subtenant shall fail to discharge any lien placed upon the Premises in violation of this Sublease within thirty (30) days after any such lien or encumbrance is filed against the Premises. (g) Subtenant shall fail to comply with any provision of this Sublease. (h) Subtenant fails to comply with any Legal Requirements. (i) Subtenant installs signage without the express prior written approval of the Sublessor. 25. Sublessor's Remedies. Upon each occurrence of an Event of Default and so long as such Event of Default shall be continuing, Sublessor may at any time thereafter at its election: terminate this Sublease or Subtenant's right of possession, (but Subtenant shall remain liable as hereinafter provided), declare all Rent due hereunder immediately due and payable, and/or pursue any other remedies at law or in equity. Upon the termination of this Sublease or termination of Subtenant's right of possession, it shall be lawful for Sublessor, without formal demand or notice of any kind, to re-enter the Premises by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Subtenant and all persons and property therefrom. If Sublessor re-enters the Premises, Sublessor shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Premises. If Sublessor terminates this Sublease, Sublessor may recover from Subtenant the sum of: all Rent and all other amounts accrued hereunder to the date of such termination; the cost of re- letting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Sublessor, and costs of removing and storing Subtenant's or any other occupant's property, repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new Subtenant or Subtenants, and all reasonable expenses incurred by Sublessor in pursuing its remedies, including reasonable attorneys' fees and court costs; and the excess of the then present value of the Rent and other amounts payable by Subtenant under this 107 {00018050} 11 Sublease as would otherwise have been required to be paid by Subtenant to Sublessor during the period following the termination of this Sublease measured from the date of such termination to the expiration date stated in this Sublease, over the present value of any net amounts which Subtenant establishes Sublessor can reasonably expect to recover by re-letting the Premises for such period, taking into consideration the availability of acceptable Subtenants and other market conditions affecting leasing. Such present values shall be calculated at a discount rate equal to the 90-day U.S. Treasury bill rate at the date of such termination. If Sublessor terminates Subtenant's right of possession (but not this Sublease), Sublessor may, but shall be under no obligation to, re-let the Premises for the account of Subtenant for such rent and upon such terms as shall be satisfactory to Sublessor without thereby releasing Subtenant from any liability hereunder and without demand or notice of any kind to Subtenant. For the purpose of such re-letting Sublessor is authorized to make any repairs, changes, alterations, or additions in or to the Premises as Sublessor deems reasonably necessary or desirable. If the Premises are not re-let, then Subtenant shall pay to Sublessor as damages a sum equal to the amount of the rental reserved in this Sublease for such period or periods, plus the cost of recovering possession of the Premises (including attorneys' fees and costs of suit), the unpaid Rent and other amounts accrued hereunder at the time of repossession, and the costs incurred in any attempt by Sublessor to re-let the Premises. If the Premises are re-let and a sufficient sum shall not be realized from such re-letting [after first deducting therefrom, for retention by Sublessor, the unpaid Rent and other amounts accrued hereunder at the time of re-letting, the cost of recovering possession (including attorneys' fees and costs of suit), all of the costs and expense of repairs, changes, alterations, and additions, the expense of such re-letting (including without limitation brokerage fees and leasing commissions) and the cost of collection of the rent accruing therefrom] to satisfy the rent provided for in this Sublease to be paid, then Subtenant shall immediately satisfy and pay any such deficiency. Any such payments due Sublessor shall be made upon demand therefor from time to time and Subtenant agrees that Sublessor may file suit to recover any sums falling due from time to time. Notwithstanding any such re-letting without termination, Sublessor may at any time thereafter elect in writing to terminate this Sublease for such previous breach. Exercise by Sublessor of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Premises and/or a termination of this Sublease by Sublessor, whether by agreement or by operation of law, it being understood that such surrender and/or termination can be effected only by the written agreement of Sublessor and Subtenant. Any law, usage, or custom to the contrary notwithstanding, Sublessor shall have the right at all times to enforce the provisions of this Sublease in strict accordance with the terms hereof; and the failure of Sublessor at any time to enforce its rights under this Sublease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Sublease or as having modified the same. Subtenant and Sublessor further agree that forbearance or waiver by Sublessor to enforce its rights pursuant to this Sublease or at law or in equity, shall not be a waiver of Sublessor's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Sublessor of Rent or other payment with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by Sublessor of any provision of this Sublease shall be deemed to have been made unless expressed in writing and signed by Sublessor. To the greatest extent permitted by law, Subtenant waives the service of notice of Sublessor's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives 108 {00018050} 12 all right of redemption in case Subtenant shall be dispossessed by a judgment or by warrant of any court or judge. The terms "enter," "re-enter," "entry" or "re-entry," as used in this Sublease, are not restricted to their technical legal meanings. Any re-letting of the Premises shall be on such terms and conditions as Sublessor in its sole discretion may determine (including without limitation a term different than the remaining Sublease Term, rental concessions, alterations and repair of the Premises, and Sublease of less than the entire Premises to any Subtenant). Sublessor shall not be liable, nor shall Subtenant's obligations hereunder be diminished because of, Sublessor's failure to re-let the Premises or collect rent due in respect of such re-letting. 26. Subtenant's Remedies/Limitation of Liability. Sublessor shall not be in default hereunder unless Sublessor fails to perform any of its obligations hereunder within seven (7) days after written notice from Subtenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of seven (7) days, in which event Sublessor shall have additional time as is reasonably necessary for Sublessor to remedy such failure before such failure constitutes a default hereunder so long as Sublessor is proceeding to remedy such failure with reasonable diligence). All obligations of Sublessor hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Sublease, Subtenant may not terminate this Sublease for breach of Sublessor's obligations hereunder. All obligations of Sublessor under this Sublease will be binding upon Sublessor only during the period of its ownership of the Premises and not thereafter. The term Sublessor in this Sublease shall mean only the owner, for the time being of the Premises, and in the event of the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Sublessor thereafter accruing, but such obligations shall be binding during the Sublease Term upon each new owner for the duration of such owner's ownership. Any liability of Sublessor under this Sublease shall be limited solely to its interest in the Premises, and in no event shall any personal liability be asserted against Sublessor in connection with this Sublease nor shall any recourse be had to any other property or assets of Sublessor. 27. Termination by Sublessor. Sublessor shall have the right to terminate this Sublease upon 270 days’ prior written notice to the Subtenant or immediately upon termination of the Lease for whatever reason. Upon any such termination by Sublessor, if the Sublease Rent shall have been paid in advance, Sublessor shall refund to Subtenant the portion of such Rent paid and any remaining tenant improvement credit owed to the Subtenant for any time after the effective date of the termination. Such refund shall be made in a lump sum payment to the Subtenant. Subtenant shall have the right to terminate this Sublease upon 120 days’ prior written notice to the Sublessor and delivery of any unpaid balance of the monthly Rent due through the effective date of the termination, which shall become immediately due and payable by Subtenant under the terms of the Sublease. 28. Rail Service. Lessor and Sublessor make no warranties or representations expressed or implied that rail service shall continue to serve the Premises. 29. Waiver of Jury Trial. SUBLESSOR SHALL WAIVE ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN SUBLESSOR AND SUBTENANT ARISING OUT OF THIS SUBLEASE OR 109 {00018050} 13 ANY OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO. 30. Mechanic's Liens. Subtenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Sublessor or Subtenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Subtenant, including those who may furnish materials or perform labor for any construction or repairs. Subtenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Sublessor harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the Subleasehold estate or against the interest of Sublessor in the Premises or under this Sublease. Subtenant shall give Sublessor immediate written notice of the placing of any lien or encumbrance against the Premises and cause such lien or encumbrance to be discharged within thirty (30) days of the filing or recording thereof; provided, however, Subtenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Subtenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Sublessor within such thirty (30) day period. 31. Environmental Requirements. Subtenant shall not permit or cause any party to bring any Hazardous Materials (as hereinafter defined) upon the Premises or transport, store, use, generate, manufacture or release any Hazardous Material in or about the Premises without Sublessor's prior written consent. Subtenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements (as hereinafter defined) and shall remediate in a manner satisfactory to Sublessor any Hazardous Materials released on or from the Premises by Subtenant, its agents, employees, contractors, assigns, or invitees. Subtenant shall complete and certify to disclosure statements as requested by Sublessor from time to time relating to Subtenant's transportation, storage, use, generation, manufacture or release of Hazardous Materials on the Premises. The term "Environmental Requirements" means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term "Hazardous Materials" means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Subtenant is and shall be deemed to be the "operator" of Subtenant's "facility" and the "owner" of all Hazardous Materials brought on the Premises by Subtenant, its agents, employees, contractors or invitees, and the wastes, by-products, or residues generated, resulting, or produced therefrom. Subtenant shall indemnify, defend, and hold Sublessor harmless from and against any and all losses (including, without limitation, diminution in value of the Premises), claims, demands, 110 {00018050} 14 actions, suits, damages (including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys' fees, consultant fees or expert fees and including, without limitation, removal or management of any asbestos brought into the property or disturbed in breach of the requirements of this Paragraph, regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred by Sublessor as a result of any release of Hazardous Materials for which Subtenant is obligated to remediate as provided above or any other breach of the requirements under this Paragraph by Subtenant, its agents, employees, contractors, assignees or invitees, regardless of whether Subtenant had knowledge of such noncompliance. The obligations of Subtenant under this Paragraph shall survive the expiration of the Sublease Term and any termination of this Sublease. Sublessor shall have access to, and a right to perform inspections and tests of, the Premises to determine Subtenant's compliance with Environmental Requirements, its obligations under this Paragraph, or the environmental condition of the Premises. Access shall be granted to Sublessor upon Sublessor's prior notice to Subtenant and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Subtenant's operations. Such inspections and tests shall be conducted at Sublessor's expense, unless such inspections or tests reveal that Subtenant has not complied with any Environmental Requirement, in which case Subtenant shall reimburse Sublessor for the reasonable cost of such inspection and tests. Sublessor's receipt of or satisfaction with any environmental assessment in no way waives any rights that Sublessor holds against Subtenant. 32. Security Service. Subtenant acknowledges and agrees that Sublessor is not providing any security services with respect to the Premises and that Sublessor shall not be liable to Subtenant for, and Subtenant hereby waives any claim against Sublessor with respect to, any loss by theft or any other damage suffered or incurred by Subtenant in connection with any unauthorized entry into the Premises or any other breach of security with respect to the Premises. 33. Force Majeure. Neither party shall be held responsible for delays in the performance of its obligations hereunder when caused by strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, delay in issuance of permits, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of such party ("Force Majeure"); provided, however, that Subtenant's obligation to pay Rent and all other amounts due and owing under this Sublease shall not be delayed by Force Majeure. 34. Entire Agreement. This Sublease constitutes the complete agreement of Sublessor and Subtenant with respect to the subject matter hereof. No representations, inducements, promises or agreements, oral or written, have been made by Sublessor or Subtenant, or anyone acting on behalf of Sublessor or Subtenant, which are not contained herein, and any prior agreements, promises, negotiations, or representations are superseded by this Sublease. This Sublease may not be amended except by an instrument in writing signed by both parties hereto. 35. Severability. If any clause or provision of this Sublease is illegal, invalid or unenforceable under present or future laws, then and in that event, it is the intention of the parties 111 {00018050} 15 hereto that the remainder of this Sublease shall not be affected thereby. It is also the intention of the parties to this Sublease that in lieu of each clause or provision of this Sublease that is illegal, invalid or unenforceable, there be added, as a part of this Sublease, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. 36. Brokers. The Subtenant and Sublessor acknowledge that they have dealt only with Deborah Fischer, Berkshire Hathaway HomeServices KoenigRubloff Realty Group, representing the Sublessor, on this lease transaction. Sublessor shall pay a real estate fee to Berkshire Hathaway HomeServices KoenigRubloff Realty Group in accordance with a separate written agreement. 37. Miscellaneous. (a) Any payments or charges due from Subtenant to Sublessor hereunder shall be considered Rent for all purposes of this Sublease. (b) If and when included within the term "Subtenant," as used in this instrument, there is more than one person, firm or corporation, each shall be jointly and severally liable for the obligations of Subtenant. (c) All notices required or permitted to be given under this Sublease shall be in writing and shall be sent (a) by registered or certified mail, return receipt requested, or (b) by a reputable national overnight courier service, postage prepaid, or (c) by hand delivery addressed to (i) Subtenant at the following addresses: Sublessor: The City of Lake Forest Attn: City Manager 220 East Deerpath Lake Forest, IL 60045 Phone: 847-810-3675 Subtenant: Hansa Coffee Roasters, Ltd. Attn: Tom Maegdlin 755 N. Milwaukee Avenue Libertyville, IL 60048 Either party may by notice given aforesaid change its address for all subsequent notices. Except where otherwise expressly provided to the contrary, notice shall be deemed given upon delivery. (d) Except as otherwise expressly provided in this Sublease or as otherwise required by law, Sublessor retains the absolute right to withhold any consent or approval. (e) At Sublessor's request from time to time Subtenant shall furnish Sublessor with true and complete copies of its most recent annual and quarterly financial statements prepared by Subtenant or Subtenant's accountants and any other financial information or summaries that Subtenant typically provides to its lenders or shareholders. Sublessor covenants and agrees that any such financial information provided by Subtenant shall be treated by Sublessor as confidential, except that Sublessor may disclose such information as required by law and to Sublessor's 112 {00018050} 16 attorneys, consultants and accountants and any prospective purchaser or prospective or existing lender upon the condition that such party shall also agree to keep such financial information confidential. (f) Neither this Sublease nor a memorandum of Sublease shall be filed by or on behalf of Subtenant in any public record. Sublessor may prepare and file, and upon request by Sublessor, Subtenant will execute, a memorandum of Sublease. (g) The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Sublease or any exhibits or amendments hereto. (h) The submission by Sublessor to Subtenant of this Sublease shall have no binding force or effect, shall not constitute an option for the leasing of the Premises, nor confer any right or impose any obligations upon either party until execution of this Sublease by both parties. (i) Words of any gender used in this Sublease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The captions inserted in this Sublease are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Sublease, or any provision hereof, or in any way affect the interpretation of this Sublease. (j) Any amount not paid by Subtenant within ten (10) days after its due date in accordance with the terms of this Sublease shall bear interest from such due date until paid in full at the lesser of the highest rate permitted by applicable law or eighteen percent (18%) per year. It is expressly the intent of Sublessor and Subtenant at all times to comply with applicable law governing the maximum rate or amount of any interest payable on or in connection with this Sublease. If applicable law is ever judicially interpreted so as to render usurious any interest called for under this Sublease, or contracted for, charged, taken, reserved, or received with respect to this Sublease, then it is Sublessor's and Subtenant's express intent that all excess amounts theretofore collected by Sublessor be credited on the applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Subtenant), and the provisions of this Sublease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder. (k) Construction and interpretation of this Sublease shall be governed by the laws of the state Illinois. (l) Time is of the essence as to the performance of Subtenant's obligations under this Sublease. (m) All exhibits and addenda attached hereto are hereby incorporated into this Sublease and made a part hereof. In the event of any conflict between such exhibits or addenda and the terms of this Sublease, such exhibits or addenda shall control. 113 {00018050} 17 114 {00018050} 18 IN WITNESS WHEREOF, Sublessor and Subtenant have executed this Sublease as of the Execution Date. SUBTENANT: SUBLESSOR: By: By: Name: Name: Title: __________________________________ Title: 115 {00018050} EXHIBIT A Depiction of the Premises 4834-1892-5185, v. 1 116 Page 1 of 7 THE CITY OF LAKE FOREST ORDINANCE NO. 2018 - ___ AN ORDINANCE AMENDING CHAPTERS 94 AND 150 OF THE CITY CODE RELATING TO THE ADOPTION OF UPDATED STATE AND NATIONAL BUILDING AND LIFE SAFETY CODES WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, the City has, in the past, adopted various State and National Building and Life Safety Codes for the purpose of protecting and preserving the health, life safety, welfare and property values of the community; and WHEREAS, from time to time it is appropriate for the City to adopt updated Codes as established by State and National entities to allow residents and property owners to benefit from updated standards that recognize new technologies, materials and methods; and WHEREAS, established entities including State and Nationally recognized technical trade associations; the International Code Council, the National Fire Protection Association, and the Illinois Department of Public Health regularly review and update various Code to provide clarification and interpretation of existing provisions; and WHEREAS, pursuant to Illinois Municipal Code, 65 ILCS 5/1-3-2, local governments may adopt by reference all or part of the provisions of any public record or published compilation of rules and regulations which have been prepared by nationally recognized associations, including, without limitation building, electrical, plumbing and life safety codes; and WHEREAS, copies of each of the Codes have been on file in the office of the City Clerk for public use, inspection and examination for at least 30 days preceding the adoption of this ordinance as required by 65 ILCS 5/1-3-2; 117 Page 2 of 7 WHEREAS, the City has determined that adopting up to date versions of the previously adopted State and National Building and Life Safety Codes benefits the health, environment and general welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO: Amendment to Section 94.01 entitled “Fire Code; Adopted”. Section 94.01, entitled “Fire Code; Adopted,” shall be and is hereby amended in its entirety and hereafter be and read as follows: Section 94.01 Fire Code; Adopted. (A) (1) For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosions, the following codes and standards, as modified herein, are hereby adopted by reference and incorporated herein, and shall constitute and be deemed to be the Fire Prevention Code of the city. a) Fire Prevention Code, 2000 Edition, National Fire Protection Association; and a) National Fire Protection Association Codes (NFPA) i. 101 Life Safety Code - 2018 ii. Fire Sprinkler Code - 13, 13D, 13R – 2016 iii. Fire Alarm Code – 2016 b) National Fire Protection Act I, 2000 Edition, National Fire Protection Association, Inc. b) International Fire Prevention Code - 2018 (2) Divisions A)(1) and (A)(2) above shall be called collectively, the Fire Prevention Code. Provided, however, that the adoption of this section shall not be constructed as preventing the enforcement of or repealing the provision of any ordinance, regulation, standard, or code adopted by the city that is more restrictive than the provisions of this section. In the event that any provision of this section shall be in conflict with any other ordinance, regulation, standard, or code adopted by the 118 Page 3 of 7 city, the more restrictive provision (as determined by the Director of Community Development) shall apply. SECTION THREE: Amendment to Section 150.020 entitled “Adoption of Mechanical Code. Section 150.020, entitled “Adoption of Mechanical Code,” shall be and is hereby amended in its entirety and hereafter be and read as follows: Section 150.020 Adoption of Mechanical Code. For the purpose of prescribing the regulations governing the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings (except that the heating, ventilating, and air conditioning requirements for detached one and two family dwellings and multi-family dwellings not more than three stories in height with a separate means of egress shall be governed by Section 150.021 of this Code), the following code, as modified herein, is hereby adopted by reference and incorporated herein, and shall constitute and be deemed to the “The Mechanical Code of the City of Lake Forest.” International Mechanical Code, 2003 2018 Edition, International Code Council, Inc. Provided, however, that the adoption of this ordinance shall not be constructed as preventing the enforcement of or repealing the provision of any ordinance, regulation, standard, or code adopted by the City of Lake Forest that is more restrictive than the provisions of this Section. In the event that any provision of this Section shall be in conflict with any other ordinance, regulation, standard, or code adopted by the City of the Lake Forest, the more restrictive provision (as determined by the Director of Community Development) shall apply. SECTION FOUR: Amendment to Section 150.185 entitled “Adoption of Residential Building Code. Section 150.185, entitled “Adoption of Residential Building Code,” shall be and is hereby amended in its entirety and hereafter be and read as follows: Section 150.185 Adoption of Residential Building Code. For the purpose of prescribing the regulations governing the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multi-single-family dwellings not more than three stories in height with a separate means of egress and their accessory structures, the following code as it may be modified herein, is hereby adopted by reference and 119 Page 4 of 7 incorporated herein, and shall constitute and be deemed to be the “The Residential Building Code of the City of Lake Forest.” International Residential Building Code for One- and Two-Family Dwellings, 2003, 2018 Edition, International Code Council, Inc. Provided, however, that the adoption of this section shall not be constructed as preventing the enforcement of or repealing the provision of any ordinance, regulation, standard, or code adopted by the city that is more restrictive than the provisions of this section. In the event that any provision of this section shall be in conflict with any other ordinance, regulation, standard, or code adopted by the city, the more restrictive provision (as determined by the Director of Community Development) shall apply. SECTION FIVE: Amendment to Section 150.220 entitled “Adoption of Commercial Building Code. Section 150.220, entitled “Adoption of Commercial Building Code,” shall be and is hereby amended in its entirety and hereafter be and read as follows: Section 150.220 Adoption of Commercial Building Code. For the purpose of prescribing the regulations governing the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures (except that detached one- and two-family dwellings and multi-single-family dwellings not more than three stories in height with a separate means of egress shall be governed by the Residential Building Code as adopted by reference in 150.185), the following code as it may be modified herein, is hereby adopted by reference and incorporated herein, and shall constitute and be deemed to be the “The Commercial Building Code of the City of Lake Forest.” International Building Code, 2003, 2018 Edition, International Code Council, Inc. Provided, however, that the adoption of this section shall not be constructed as preventing the enforcement of or repealing the provision of any ordinance, regulation, standard, or code adopted by the city that is more restrictive than the provisions of this section. In the event that any provision of this section shall be in conflict with any other ordinance, regulation, standard, or code adopted by the city, the more restrictive provision (as determined by the Director of Community Development) shall apply. SECTION SIX: Amendment to Section 150.505 entitled “Adoption of Fuel Gas Code. 120 Page 5 of 7 Section 150.505, entitled “Adoption of Fuel Gas Code,” shall be and is hereby amended in its entirety and hereafter be and read as follows: Section 150.505 Adoption of Fuel Gas Code. For the purpose of prescribing the regulations governing the design and installation of fuel gas systems and gas-fired applicances, the following code as it may be modified herein, is hereby adopted by reference and incorporated herein, and shall constitute and be deemed to be the “The Fuel Gas Code of the City of Lake Forest.” International Fuel Gas Code, 2003, 2018 Edition, International Code Council, Inc. Provided, however, that the adoption of this section shall not be constructed as preventing the enforcement of or repealing the provision of any ordinance, regulation, standard, or code adopted by the city that is more restrictive than the provisions of this section. In the event that any provision of this section shall be in conflict with any other ordinance, regulation, standard, or code adopted by the city, the more restrictive provision (as determined by the Director of Community Development) shall apply. SECTION SEVEN: Amendment to Section 94.01 150.295 entitled “Adoption of Electrical Code. Section 150.295, entitled “Adoption of Electrical Code,” shall be and is hereby amended in its entirety and hereafter be and read as follows: Section 150.295 Adoption of Electrical Code. For the purpose of prescribing the regulations governing the inspection of electrical systems; the investigation of fires caused by electrical installations; the review of construction plans, drawings and specifications for electrical systems; the design alteration, modification, construction, maintenance and testing of electrical systems, and equipment; and the regulation and control of electrical installations at special occupancies, the following code as it may be modified herein, is hereby adopted by reference and incorporated herein, and shall constitute and be deemed to be the “The Electrical Code of the City of Lake Forest.” National International Fuel Gas Code, 2003, 2018 Edition, International Code Council, Inc. Provided, however, that the adoption of this section shall not be constructed as preventing the enforcement of or repealing the provision of any ordinance, regulation, standard, or code adopted by the city that is more restrictive than the provisions of this section. In the event that any provision of this section shall be in conflict with any other ordinance, regulation, standard, or code adopted by the city, the more restrictive provision (as determined by the Director of Community Development) shall apply. 121 Page 6 of 7 SECTION EIGHT: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _____, 2018 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2018 Mayor ATTEST: City Clerk 122 Page 7 of 7 123 !(V !(V^_""!(V Watermain to be Lined Old Elm Rd Watermiain Break /0 12060Feet 11/29/2018 ^_ Legend ^_Watermain Leak "Excavation Area !(V Valve Watermain 124 November 29, 2018 Mr. Robert Ells Engineering Supervisor City of Lake Forest 800 North Field Drive Lake Forest, IL 60045 Subject: City of Lake Forest – Old Elm Road Drainage Improvements – Amendment No. 1 Dear Mr. Ells: In July 2017, Baxter & Woodman was retained by the City to design drainage improvements along Old Elm Road, Timber Lane, and Forest Hill Road. The City replaced most of the water main in this subdivision in 2004, with the exception of approximately 1,300 feet of main on Forest Hill Road between Linden Avenue and Timber Lane. The City desires to replace this portion of existing 6 -inch main with new 8-inch main, including new valves, fire hydrants, water services, and pavement resurfacing as part of the Old Elm Road Drainage Improvements project. Scope of Services The following outlines our proposed scope of services for Amendment No. 1. 1. WATER MAIN DESIGN A. TOPOGRAPHIC SURVEY – Perform topographic survey within the Project limits of natural and manmade features along the water main routes to develop base sheets for Project drawings. B. MEETING – Conduct one meeting with staff at times during the design of the Project to clarify staff recommendations, design questions, and/or construction methods. C. UTILITIES – CONTACTS AND COORDINATION - Conduct a Design Locate with JULIE, which consists of obtaining names and phone numbers of utilities located within the work area. Contact utilities, obtain atlases where available, and provide preliminary plan sheets to utility companies for their markup and return. D. WATER MAIN PLANS – Prepare drawings including existing and proposed alignments of water main, typical water service connections, locations of fire hydrants, typical water service connections, connections to existing water mains, and pavement rehabilitation. E. WATER MAIN SPECIFICATIONS – Prepare specifications in compliance with the Illinois Environmental Protection Agency. 125 Mr. Robert Ells November 29, 2018 City of Lake Forest 170669.40  Page 2 F. ENGINEER’S OPINION OF PROBABLE COST – Prepare summary of quantities and engineer’s estimate of probable construction cost. G. PEER AND CONSTRUCTABILITY REVIEWS – Perform in-house peer reviews of plans and specifications by senior staff and construction staff. H. PERMITS – Submit the design documents to the IEPA for permit to construct, own, and operate the Project. Engineering Fee The Owner shall pay the Engineer for the services performed or furnished, based upon the Engineer’s standard hourly billing rates for actual work time performed plus reimbursement of out-of-pocket expenses including travel for the additional amount of $30,000. Thank you for the opportunity to submit our Proposal for this Project. Upon your written authorization to proceed, we will begin work immediately. Please contact me if you should have any questions or need additional information. The attached standard terms and conditions apply to this Proposal. If you find this Proposal acceptable, please sign and return one copy for our files. Sincerely, BAXTER & WOODMAN, INC. CONSULTING ENGINEERS Sean E. O’Dell, P.E. Vice President Attachment CITY OF LAKE FOREST, ILLINOIS ACCEPTED BY: _________________________________ TITLE: _________________________________ DATE: _________________________________ I:\Crystal Lake\LKFTC\170669-LKFTC - Old Elm Rd\Contract\Work\Amendment No.1\170669.40 Proposal - Amendment No. 1.docx 126 STANDARD TERMS AND CONDITIONS Agreement - These Standard Terms and Conditions, together with the letter proposal, constitute the entire integrated agreement between the Owner and Baxter & Woodman, Inc. (BW) and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. Owner’s Responsibility – Provide BW with all criteria and full information for the Project. BW will rely, without liability, on the accuracy and completeness of all information provided by the Owner including its consultants, contractor, specialty contractors, manufacturers, suppliers and publishers of technical standards without independently verifying that information. The Owner warrants that all known hazardous materials on or beneath the site have been identified to BW. BW and their consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, unidentified or undisclosed hazardous materials unless this service is set forth in the proposal. Schedule for Rendering Services - The agreed upon services shall be completed within a reasonable amount of time. If BW is hindered, delayed or prevented from performing the services as a result of any act or neglect of the Owner or force majeure, BW’s work shall be extended and the rates and amounts of BW’s compensation shall be equitably adjusted in writing executed by all Parties. Invoices and Payments - The fees to perform the proposed scope of services constitute BW’s estimate to perform the agreed upon scope of services. Circumstances may dictate a change in scope, and if this occurs, an equitable adjustment in compensation and time shall be made by all parties. No service for which added compensation will be charged will be provided without first obtaining writte n authorization from the Owner. BW invoices shall be due and owing by Owner in accordance with the terms and provisions of the Local Government Prompt Payment Act. Opinion of Probable Construction Costs - BW’s opinion of probable construction costs represents its reasonable judgment as a professional engineer. Owner acknowledges that BW has no control over construction costs of contractor’s methods of determini ng prices, or over competitive bidding, of market conditions. BW cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from BW’s opinion of probable construction costs. Standards of Performance – (1) The standard of care for all services performed or furnished by BW, will be completed with the same care and skill ordinarily used by professionals practicing under similar circumstances, at the same time and in the same locality on similar projects. BW makes no guarantees or warranties, express or implied, in connection with its services; (2) BW shall be responsible for the technical accuracy of its services and documents; (3) BW shall use reasonable care to comply with all applicable laws and regulations and Owner-mandated standards; (4) BW may employ such sub-consultants as BW deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objection by Owner; (5)BW shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, o r procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor’s furnishing and performing of its work; (6) BW neither guarantees the performance of any contractor nor assumes responsibility for contractor’s failure to furnish and perform the work in accordance with the contract documents; (7) Engineer is not acting as a municipal advisor as defined by the Dodd-Frank Act. Engineer shall not provide advice or have any responsibility for municipal financial products or securities. (8) BW is not responsible for the acts or omissions of any contractor, subcontractor, or supplier, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work; (9) Shop drawing and submittal review by BW shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the Project work they are generally consistent with the construction documents. Owner agrees that the contractor is solely responsible for the submissions (regardless of the format in which provided, i.e. hard copy or electronic transmission) and for compliance with the construction documents. Owner further agrees that BW’s review and action in relation to these submissions shall not constitute the provision of means, methods, techniques , sequencing or procedures of construction or extend to safety programs or precautions. BW’s consideration of a component does not constitute acceptance of the assembled item; (10) BW’s site observation during construction shall be at the times agreed upon in the Project scope. Through standard, reasonable means, BW will become generally familiar with observable completed work. If BW observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and Owner for them to address. Insurance - BW will maintain insurance coverage with the following limits and Certificates of Insurance will be provided to the Owner upon written request: Worker’s Compensation: Statutory Limits Excess Umbrella Liability: $5 million per claim and aggregate General Liability: $1 million per claim Professional Liability: $5 million per claim $2 million aggregate $5 million aggregate Automobile Liability: $1 million combined single limit 127 BW’s liability under this Agreement, based on any theory of liability or for any cause of action, shall not exceed the total amount of BW’s contract amount for the project. Any claim against BW arising out of this Agreement may be asserted by the Owner, but only against the entity and not against BW’s directors, officers, shareholders or employees, none of whom shall bear any liability and may not be subject to any claim. Indemnification and Mutual Waiver – (1) To the fullest extent permitted by law, BW shall indemnify and hold harmless the Owner and its officers and employees from claims, costs, losses, and damages arising out of or relating to the Project, provided that such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of BW or its officers, directors, employees, agents, or consultants; (2) Owner shall indemnify and hold harmless BW and its officers, directors, employees, agents and consultants from and against any and all claims, costs, loses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death of to injury or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or its officers, directors, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project; (3) To the fullest extent permitted by law, Owner and BW waive against each other, and the other’s employees, officers, directors, insurers, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project; (4) In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of the ENGINEER and OWNER, they shall be borne by each party in proportion to its negligence; (5) The Owner acknowledges that BW is a business corporation and not a professional service corporation, and further acknowledges that the corporate entity, as the party to this contract, expressly avoids contracting for individual responsibility of its officers, directors, or employees. The Owner and BW agree that any claim made by either party arising out of any act of the other party, or any officer, director, or employee of the other party in the execution or performance of the Agreement, shall be made solely against the other party and not individually or jointly against such officer, director, or employees. Termination - Either party may terminate this Agreement upon ten (10) business days’ written notice to the other party in the event of failure by the other party to perform with the terms of the Agreement through no fault of the terminating party. A condition precedent to termination shall be an opportunity for the Parties to meet. If this Agreement is terminated, Owner shall receive reproducible copies of drawings, developed applications and other completed documents. Owner shall be liable for, and promptly pay for all services and reimbursable expenses rendered to the date of suspension/termination of services. Use of Documents - BW documents are instruments of service and BW retains ownership and property interest (including copyright and right of reuse). Client shall not rely on such documents unless in printed form, signed or sealed by BW or its consultant. Electronic format of BW’s design documents may differ from the printed version and BW bears no liability for errors, omissions or discrepancies. Reuse of BW’s design documents is prohibited and Client shall defend and indemnify BW from all claims, damages, losses and expenses, including attorney’s fees, consultant/expert fees, and costs arising out of or resulting from said reuse. BW’s document retention policy will be followed upon Project closeout, and project documents will be kept for a period of 14 years after Project closeout. Successors, Assigns, and Beneficiaries – Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Client or BW to any third party, including any lender, Contractor, Contractor’s subcontractor, supplier, manufacturer, other individual, entity or public body, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement are for the sole and exclusive benefit of the Client and BW and not for the benefit (intended, unintended, direct or indirect) of any other entity or person. Dispute Resolution - All disputes between the Parties shall first be negotiated between them for a period of thirty (30) days. If unresolved, disputes shall be then submitted to mediation as a condition precedent to litigation. If mediation is unsuccessful, litigation in the county where the Project is pending shall be pursued. Miscellaneous Provisions – (1) This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. (2) All notices must be in writing and shall be deemed effectively served upon the other party when sent by certified mail, return receipt requested; (3) All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason; (4) Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Owner and BW, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close to expressing the intention of the stricken provision; (5) A party’s non-enforcement of any provision shall not constitute a waiver of the provision, nor shall if affect the enforceability of that provision or of the remainder of this Agreement; (6) To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of substantial completion, which is the point where the Project can be utilized for the purposes for which it was intended. 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 . ^o!,u.^ <3>' NA^RAEET ^ s'cisKTTAe/.Mo» % ^ % w £0 .;fniiiiwH_,.i~^.^iM ^wb^y A Resolution Naming the Patio at Deerpath Golf Club in Honor of Robert R. Kiely, Jr WHEREAS, Robert R. Kiely Jr., will have served the City of Lake Forest from November 1990 to January 2019;and WHEREAS, the City of Lake Forest has celebrated a large number of significant accomplishments occurring during Mr. Kiely's tenure; and WHEREAS, Mr. Kiely recognized the community benefits of a Municipal Public Golf Course; and WHEREAS, Mr. Kiely has worked with City Council and Staff to accommodate the regional demand for increased and improved services, as well as the substantial modernization of the Course; and WHEREAS, the City of Lake Forest City Council has determined that it is highly appropriate for the City to recognize the decades of Mr. Kiely's unparalleled service, leadership and contributions under his supervision; NOW THEREFORE BE IT RESOLVED that for his legacy of leadership in the City of Lake Forest, that the Deerpath Golf Course Club House Patio shall be named and shall hereafter be referred to as the "Bob Kiely Patio". BE IT FURTHER RESOLVED THAT the City Council offers its sincere appreciation to Robert R. Kiely Jr., and wishes many celebrations on the "Patio" ; and ask that the City Clerk be, and is hereby directed to give a copy of this resolution, duly signed by the Mayor to Robert R. KielyJr., with a copv to be included in the official minutes of the December 3, 2018 meeting of the Lake Forest City Council, Robert TE Lansing, Mayor Margaret Boyer, City Clerk 153