CITY COUNCIL 2018/02/05 AgendaTHE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, February 5, 2018 at 6:30 pm
City Hall Council Chambers
Honorable Mayor, Robert Lansing
Prudence R. Beidler, Alderman First Ward Stanford Tack, Alderman Third Ward
James E. Morris, Alderman First Ward Jack Reisenberg, Alderman Third Ward
Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30pm
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
2. COMMENTS BY CITY MANAGER
A. A Peak Under the Dome (Tarp)- An Update from the Lake Forest Library
-Catherine Lemmer, Library Director and Todd Puch, Library Board Member
3. COMMENTS BY COUNCIL MEMBERS
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the January 16, 2018 City Council Meeting Minutes
A copy of the minutes can be found on page 13
COUNCIL ACTION: Approval of the Minutes
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2. Check register for period of January 6- 26, 2018
Fund Invoice Payroll Total
General 439,541 1,129,815 1,569,356
Water & Sewer 53,165 133,788 186,953
Parks & Recreation 69,926 286,636 356,562
Capital Improvements 149,091 0 149,091
Motor Fuel Tax 0 0 0
Cemetery 5,445 19,464 24,910
Senior Resources 12,408 20,078 32,486
Deerpath Golf Course 13,594 1,997 15,591
Fleet 59,133 43,228 102,361
Debt Funds 0 0 0
Housing Trust 0 0 0
Park & Public Land 0 0 0
All other Funds 1,568,363 155,031 1,723,395
$2,370,667 $1,790,037 $4,160,703
3. Approval to extend the City’s Office Supplies Contract
STAFF CONTACT: Elizabeth Holleb, Director of Finance (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff recommends City Council authorization to extend
the current contract with Warehouse Direct for City office supply purchases pursuant to an
extension granted by the Suburban Purchasing Cooperative of the Northwest Municipal
Conference.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council 9/6/13 Awarded contract for office supplies to
Warehouse Direct.
City Council 2/6/16 Approved extension through 12/31/16
consistent with the SPC extension.
City Council 1/17/17 Approved extension through 2/28/18
consistent with the SPC extension.
BACKGROUND/DISCUSSION: In September 2013, the City Council approved a contract with
Warehouse Direct for City office supply purchases. This contract was approved pursuant to a
contract awarded by the Suburban Purchasing Cooperative (SPC) of the Northwest
Municipal Conference. The SPC extended its contract through February 28, 2018 and the City
Council approved a similar extension on January 17, 2017. The SPC has again extended its
contract through February 28, 2019. As an active SPC participant, staff is seeking
authorization to extend the contract through February 28, 2019 consistent with the SPC.
Please find the SPC announcement on page 22.
This joint purchasing initiative allows the City to benefit from competitive bid and discounted
pricing without having to designate Warehouse Direct as an exclusive provider. Should
departments find more advantageous savings through another source for a particular item,
they may purchase from other suppliers.
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BUDGET/FISCAL IMPACT: Office supplies are paid directly from department operating
budgets and this action has no immediate fiscal impact. Office supply costs are included
within individual operating budgets. The estimated total of purchases for FY2018 is $45,000.
COUNCIL ACTION: Staff recommends City Council approval to extend the existing contract
for office supplies with Warehouse Direct through February 28, 2019, with the option for
additional extension as determined by the Suburban Purchasing Cooperative of the
Northwest Municipal Conference.
4. Approval of a Resolution Adopting a Policy Prohibiting Sexual Harassment for The
City of Lake Forest
STAFF CONTACT: DeSha Kalmar, Director of Human Resources, 847-810-3530
PURPOSE AND ACTION REQUESTED: The Illinois General Assembly has recently enacted Public
Act 100-0554 (“Act”), which became effective November 16, 2017. The Act requires
governmental units to adopt an ordinance or resolution establishing a policy prohibiting
sexual harassment.
BACKGROUND/DISCUSSION: The City takes all forms of harassment seriously. To be proactive
in this area, since 1995 the City has had a policy prohibiting all forms of harassment, not just
sexual harassment. This policy is regularly reviewed by staff and legal counsel to insure
compliance with all laws and best practices. It is then referenced in the Personnel Policies
that are approved annually by the City Council.
The State’s passage of the Act covers only sexual harassment, so the City’s policy is more
encompassing than the State’s requirement. To ensure compliance with the Act, the City’s
policy was reviewed. All elements required by the Act are included in the City’s policy and
have been for a number of years, so no changes were necessary. We will continue to
regularly review this policy to ensure legal compliance and best practices.
Beginning on page 23 of your packet is a copy of the Resolution and the City’s Administrative
Directive 2-13, Anti-Harassment.
COUNCIL ACTION: Approval of a Resolution Adopting a Policy Prohibiting Sexual Harassment
for the City of Lake Forest.
5. Consideration of an Ordinance Approving a Recommendation from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Building Review Board is presented to the City Council for
consideration as part of the Omnibus Agenda.
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91 Washington Circle - The Building Review Board recommended approval of a two-story addition
including an attached garage and demolition of the existing detached garage. Two neighbors
presented testimony in support of the petition. (Board vote: 6-0, approved)
The Ordinance approving the petition as recommended by the Building Review Board, with key
exhibits attached, is included in the Council packet beginning on page 28. The Ordinance,
complete with all exhibits, is available for review in the Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading
and grant final approval of the Ordinance in accordance with the Building Review Board’s
recommendation.
6. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Historic Preservation Commission is presented to the City
Council for consideration as part of the Omnibus Agenda.
1291 N. Green Bay Road - The Historic Preservation Commission recommended approval of a
building scale variance to accommodate an enlarged screen porch, related roof modifications
and an elevated terrace. Two letters were submitted in support of the petition. (Commission vote:
7 - 0, approved)
The ordinance approving the petition, with key exhibits attached, is included in the Council’s
packet beginning on page 38. The Ordinance with complete exhibits is available for review in the
Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading
and grant final approval of the Ordinance approving the petition in accordance with the
Historic Preservation Commission’s recommendation.
7. Award of Bid for the Replacement of Two Public Works Track Loaders Included in
the F.Y. 2019 Capital Equipment Budget
STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: The Public Works Committee and Staff are recommending
City Council authorization to purchase two replacement track loaders for various Public
Works maintenance operations included in the F.Y. 2019 capital equipment budget. The two
units will reduce the size of the City’s fleet by replacing two Toolcats and three Bombardiers
no longer needed by the Department.
BACKGROUND/DISCUSSION: The Department of Public Works uses various pieces of
equipment each day to accomplish multiple maintenance activities. This request is to
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replace five pieces of equipment with two small track loaders. The track loaders would be
used daily by multiple Sections for the excavation and loading of various materials (stone,
mulch, black dirt, trees, snow, etc.). In addition, with the track loaders only being 56” wide,
they also serve as the sidewalk snow removal equipment having the ability to plow, snow
blow, or broom depending on the storm’s severity. The proposed replacement track loaders
will accomplish all of these tasks, be utilized year-round, and will increase the Department’s
productivity in hard-to-reach and significantly wet areas.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee December 13, 2017 Reviewed & Approved
Finance Committee November 13, 2017 Reviewed with Capital Plan
BUDGET/FISCAL IMPACT: The proposed trade in equipment include a 2004 and a 2008 Bobcat
Toolcat. Their average life-to-date maintenance costs including parts, labor, and outside
services, have each exceeded $67,000. Both units have significant rust throughout their cabs,
under-carriage, hydraulic lines, dump body, and frames. The front lifting arms have been
replaced three times on the 2008 unit and the cab of the 2004 unit has multiple holes in the
floor. The three 1970s era Bombardiers are only operated in the winter months and acquiring
replacement parts has become extremely difficult. The track’s wheel bearings require repair
on a regular basis and the units overheat each time they are used. The units have been
unreliable to work through a complete snow event as their starters and/or alternators require
repair each time they are used.
Similar to other National purchasing agencies, staff is requesting approval to purchase the
replacements loaders through the National Joint Powers Alliance’s vendor, Atlas Bobcat.
NJPA is a public agency that was statutorily created to provide purchasing assistance to only
governmental, education, and non-profit agencies. NJPA purchases are included in the
City’s purchasing directive under section 9.0-F, government joint purchases. All items offered
through NJPA are competitively bid nationally and are sold through specific local vendors.
Atlas Bobcat provided a total trade-in value of $34,500 for all units and their accompanying
attachments. This amount will be deducted from the purchase price of $92,236. If approved
by City Council, the replacement track loaders will be ordered and received in early fall; in
time to assist with the season’s maintenance activities and before the winter snowfall.
Below is a summary of the track loaders’ budget:
FY2019 Funding Source Amount Budgeted Amount Requested Budgeted?
Y/N
Capital Fund $84,000 $57,736 Y
COUNCIL ACTION: Award of bid for replacement two track loaders to Atlas Bobcat in the
amount of $57,736
8. Award of Bid for the Purchase of a Compact Loader for the Forestry Section
Included in the F.Y. 2019 Capital Equipment Budget
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STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: The Public Works Committee and Staff are recommending
City Council authorization to purchase a compact loader for the Forestry Section included in
the F.Y. 2019 capital equipment budget. Acquiring the unit will reduce the size of the City’s
fleet by replacing three pic-up trucks no longer needed by the Forestry Section.
BACKGROUND/DISCUSSION: The Forestry Section utilizes multiple pieces of equipment each
day to accomplish their maintenance activities. Over recent years with the reduction in both
full-time and seasonal personnel, staff continues to investigate ways to become more
efficient in all of its operations. In fall, 2017, both the Fleet Maintenance and Forestry
Supervisors evaluated the needs of the Section, the total number of personnel available, and
compared that with the Section’s existing equipment. With fewer employees and the need
to become more efficient in its tasks, it was determined that there was a strong need to
acquire a compact loader in exchange for three existing pick-up trucks.
The Parks Section currently utilizes an identical loader and it is one of the most highly used
pieces of equipment in the City’s operation. As all equipment is shared between Public Works
and Parks & Forestry, the new compact loader would assist with new tree loading/unloading,
stump clean-up and backfill, tree/brush/log removal on City-owned properties, material
loading, West Park Ice Rink set-up, and pier installation at the boat launch. Public Works will
use it for snow hauling, snow plowing of the new diagonal parking spaces along north
Western Avenue, and loading of stone and salt.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee December 13, 2017 Reviewed & Approved
Finance Committee November 13, 2017 Reviewed with Capital Plan
BUDGET/FISCAL IMPACT: The proposed pick-up trucks that will be traded-in on a separate FY
’19 Parks capital equipment purchase include a 2001, 2002, and 2006 pick-up trucks. Their
accrued mileage ranges from 105,000 – 135,000 miles. They each currently have various
mechanical issues ranging from exhaust system items, motor mounts, water pumps, radiators,
and radiator cooling fans that need to be replaced.
Similar to other National purchasing agencies, staff is requesting approval to purchase the
replacement unit through the National Joint Powers Alliance’s vendor, Patten CAT. NJPA is a
public agency that was statutorily created to provide purchasing assistance to only
governmental, education, and non-profit agencies. NJPA purchases are included in the
City’s purchasing directive under section 9.0-F, government joint purchases. All items offered
through NJPA are competitively bid nationally and are sold through specific local vendors.
Patten CAT does not take pick-up trucks as trade-ins. Therefore the trucks will be traded-in
with the other Parks & Recreation Fund capital equipment item for FY ’19. If approved by City
Council, the replacement compact loader will be ordered and received in early fall; in time
to assist with the fall planting season and the 2018/2019 snow removal operation.
Below is a summary of the compact loader’s budget:
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FY2019 Funding Source Amount Budgeted Amount Requested Budgeted?
Y/N
Parks & Rec. Fund $120,000 $119,755 Y
COUNCIL ACTION: Award of bid for the purchase of a compact loader to Patten CAT in the
amount of $119,755.
9. Capital Award of Bid for the Replacement of Three Marked Police Vehicles
Included in the FY2019 Capital Equipment Budget
STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: The Public Works Committee and Staff are recommending
City Council award a bid for the replacement of three marked police vehicles as proposed in
the F.Y. 2019 capital equipment budget. It is recommended that the purchase of the
replacement vehicles be made via the Suburban Purchasing Cooperative administered by
the Northwest Municipal Conference. The City has utilized the Cooperative’s bid to purchase
police vehicles over the past five years. If the bid is awarded by City Council, staff
anticipates receiving the replacement vehicles in June, 2018. The three Ford Interceptors
being replaced will reach their 100,000 mile mark by the time the new units are delivered.
BACKGROUND/DISCUSSION: The replacement Ford Interceptor is an all-wheel drive vehicle
with sufficient space for the officer and his/her accompanying gear. The vehicle itself sits up
higher and provides the officer improved visibility when driving amongst many large SUV’s. The
vehicle has been designed specifically for police operations and offers many factory installed
police options. It has evolved into the most popular police vehicle on the market today and is
assembled in Chicago.
Fleet Maintenance has determined that once the Ford Interceptors have accrued 100,000
miles, they begin to have costly mechanical issues. Therefore once the new vehicles are put
into service, the used vehicles will be placed out to bid and sold to the highest bidder.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee December 13, 2017 Reviewed & Approved
Finance Committee November 13, 2017 Included with Capital Plan
BUDGET/FISCAL IMPACT: Information regarding the F.Y. 2019 capital equipment purchases was
included in the November 13, 2017 Finance Budget packet. At its December 13, 2017 meeting,
the Public Works Committee also reviewed and recommended approval of each piece to be
included in the F.Y. ’19 capital budget.
The City has purchased police vehicles from the Suburban Purchasing Cooperative’s low
bidder Currie Motors in the past and has not had any problems with the dealership nor the
delivered vehicles. All warranty work is completed by a local Ford authorized dealer.
Below is an estimated summary of squad car budget:
FY2019 Funding Source Amount Budgeted Amount Requested Budgeted?
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Monday, February 5, 2018 City Council Agenda
Y/N
Capital Fund $96,000 $94,374 Y
COUNCIL ACTION: Award of bid for three Ford Utility Interceptors to Suburban Purchasing
Cooperative’s low bidder, Currie Motors, in the amount of $94,374
COUNCIL ACTION: Approval of the nine (9) Omnibus items as presented
6. ORDINANCES
7. NEW BUSINESS
1. Consideration of a Resolution Approving and Authorizing the City Manager to
finalize and execute the Friends of Lake Forest Parks and Recreation Foundation
Demonstration Project Agreement
PRESENTED BY: Tim Newman, Golf Fundraising Committee and Sally Swarthout, Director Parks,
Recreation, and Forestry (847-810-3942)
PURPOSE AND ACTION REQUESTED: The Deerpath Golf Course Fundraising Committee and
Staff is seeking approval of a Resolution approving an Agreement in substantial form
between the City of Lake Forest (the ‘City”) and the Friends of Lake Forest Parks and
Recreation Foundation (the “Foundation”) to enhance certain added-value amenity
elements at Deerpath Golf Course.
BACKGROUND/DISCUSSION: The City of Lake Forest has committed $1.2 million to support
certain improvements that are necessary for the financial viability of the golf course
operations identified in the Deerpath Golf Course Master Plan (the Pending Project). City
Council has determined that it is necessary and appropriate for the City to invest public
resources (including revenues from the Deerpath Golf Course) for the Property Improvements,
but the City Council also determined that the City was unable to commit public resources for
the Course Enhancements as described in the Master Plan.
In the spring of 2017 City improvements included extensive club house renovations, an
expanded terrace and landscaping, and tree removal. In fall 2017, the City completed the
drainage and continuous cart path portion of the project.
In an effort to complete the scope of the Pending Project, the City has explored a public-
private partnership with the Foundation to assist in raising additional funds necessary to
complete the enhancement amenities. While the Pending Project is the City’s top priority, the
Foundation has expressed interest in continuing the development of other certain elements of
the Master Enhancement Plan outside of the scope of the City’s defined work including the
installation of a halfway house/comfort station, cart barn, driving range expansion, new short
game practice area, and the additional greens and approaches drainage (collectively, “the
Demonstration Project”).
The estimated cost of the Demonstration Project is $2 million and the Foundation is the
designated steward for these dollars. In an effort to forward the Foundation’s mission to assist
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with the development of Parks and Recreation programs and facilities in addition to providing
a philanthropic vehicle to encourage enriching capital improvements for Parks and
Recreation, the City and the Foundation are proposing to engage in a formal partnership to
complete these enhancements. Some examples of capital improvements to facilities already
completed by the Foundation can be seen at Deerpath Park, Waveland Park, and Everett
Park.
To formalize this arrangement, an Agreement has been prepared that is similar to the public-
private cost-sharing agreements used for the restoration of Market Square in 2000, Elawa
Farm in 2002 and 2007, Forest Park in 2012, and most recently for the East Side Train Station in
2017. As proposed, the City will be responsible for its portion of the Pending Project and the
Foundation will manage and fund the Demonstration Project enhancement amenities. In all
cases and since improvements will become public assets, City staff will review and approve
all applicable plans and specifications prior to commencement of any work.
Copies of a Resolution and the Agreement in substantial form are included beginning on
page 47. They authorize and permit the phasing of the Pending Project and Demonstration
Project subject to various terms and conditions.
BUDGET/FISCAL IMPACT: Included below is a summary of the completed City scope of work,
the scope of the Demonstration Project and estimated costs by funding source based on the
terms of the Agreement.
SUMMARY OF PROPOSED SCOPE AND ESTIMATED COST ALLOCATION
Description of Work Current Estimate City of Lake
Forest Foundation
Completed City Scope
Patio and Clubhouse
Renovations $125,000 $125,000
Drainage and Cart Paths $1,100,000 $1,100,000
Demonstration Project
Halfway House/Comfort Station $200,000 $200,000
Cart Barn/Training Academy $450,000 $450,000
Waterless Restroom Improvement $100,000 $100,000
Driving Range Expansion $350,000 $350,000
Short Game Practice Area $300,000 $300,000
Greens and Approaches
Drainage $600,000 $600,000
Total $3,225,000 $1,225,000 $2,000,000
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COUNCIL ACTION: If determined to be appropriate by the City Council,
1. Approval of the Agreement in substantially the form attached as Exhibit 1 to the
Resolution; and
2. Authorize and direct the City Manager, in consultation with the City Attorney, to finalize
the terms and exhibits to the Agreement; and
3. Authorize and direct the Mayor to execute the Agreement on behalf of the City,
consistent with the terms of this Resolution
2. Consideration of a Professional Services Contract to Provide Consulting Services
Related to Evaluation of Financial Incentive Requests for Prospective Hotels in the
Route 60 Corridor.
PRESENTED BY: Catherine J. Czerniak,
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: Council consideration of a contract with Michael Tobin,
Managing Director – Development Services, CBRE, Inc., for professional services related to
reviewing, evaluating and advising the City Council on requests from prospective hotel
developers for financial incentives.
BACKGROUND/DISCUSSION: More than 20 years ago, when the property along the Route 60
Corridor near the Tollway was annexed, a framework was put in place to support
development of the area with a first class corporate office park and supporting ancillary uses.
Today, Conway Park, along with the office buildings located on the south side of Route 60, is
home to many corporate headquarters reflecting that early vision. However, the anticipated
ancillary uses; hotels, restaurants and limited service businesses, have not yet been
established in the area to support and attract corporate users, employees of the office park,
residents of the community and visitors.
A vibrant Route 60 Corridor is consistent with the community goals identified in the City’s
recently updated Strategic Plan. The Business and Economic Vitality Chapter of the Plan
states that the City “will use economic development tools” to engage property owners, take
advantage of opportunities and overcome challenges in achieving desired development.
The Plan specifically speaks to working with entrepreneurs and employers who complement
the City’s long-term economic vision in order to establish and maintain an appropriate
balance between the residential and commercial tax bases in the community. The Plan also
directs that the City will engage in proactive economic development efforts to attract key
businesses in commercial corridors. Council consideration of incentive packages, in order to
achieve development of one or more hotels in the Route 60 Corridor, is consistent with the
directives in the Strategic Plan.
Present Requests
Various hotel proposals in the Route 60 Corridor have been contemplated over the years, but
none have yet progressed to the formal review process. Currently, two potential hotel
projects are being actively pursued by owners of properties in Conway Park and Amberley
Woods. One of the prospective projects, initiated by the Janko Group, will be introduced to
the Building Review Board in February for consideration of design aspects of the project.
Hotels are permitted uses in Conway Park. The other project is being contemplated by Smith
Capital Management, Inc. for the northwestern quadrant of the Amberley Woods property,
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on the south side of Route 60. An amendment to the existing Special Use Permit will be
required for the Amberley parcel. Both developers have emphasized that a financial
incentive package will be critical to any successful effort to bring a hotel to the area and that
some indication from the City with respect to the potential for incentives is an essential part of
the early planning stages for these projects.
Separate from the Council’s consideration of requested incentives, the projects referenced
above will be considered through the required Board and Commission public review
processes and ultimately, recommendations on the projects will be presented to the City
Council for consideration. Concurrently, the developers have asked for feedback on
whether the City is willing to consider financial incentives and if so, what the components of
an incentive package might look like. It is in response to these requests and in furtherance of
the City’s Strategic Plan, that staff is recommending engaging Mr. Tobin to assist the City to
assure that the right questions are asked of the developers, complete information is obtained
and a thorough analysis is conducted of both the short term and long term benefits of the
proposed development to the City.
Consultant Engagement
Due to the confidential nature of pro formas and detailed cost and projected revenue
estimates the developers will be asked to submit to allow a thorough analysis of the requests,
staff recommends that the contract with CBRE, Inc. be through a third party, the City
Attorney’s office. This contractual arrangement would assure developers that the
confidentiality of the information shared to allow a full evaluation of the request for incentives
would be protected. Council consideration and action on any proposed incentive package
would occur in public session with the benefit of the consultant’s analysis and
recommendation.
The City previously engaged Mr. Tobin to work with the Property and Public Lands Committee
and the City Council during the negotiations with Focus Development on the sale of the
Laurel and Western Avenue property. As proposed above, the consultant’s contract was
administered through the City Attorney’s office to provide for confidentiality during the
evaluation and negotiation process.
A copy of the contract is included in the Council packet beginning on page 62.
BUDGET/FISCAL IMPACT: The opportunity for one or more hotel developments, and the need
to engage a consultant to assist in an analysis of requested incentives, was not anticipated in
the current budget and is proposed to be supported by the City Council Contingency Fund.
FY2018 Funding Source Amount
Budgeted
Amount
Requested
Budgeted
Y/N
Council Contingency Account
#101-1101-411-8495 $100,000 Not to Exceed
$30,000 Yes
COUNCIL ACTION: Authorize the City Attorney to engage CBRE, Inc. on behalf of the City for
an amount not to exceed $30,000 and approve payment of costs related to this engagement
to Filippini Law Firm.
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8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
EXECUTIVE SESSION
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
9. ADJOURNMENT
Office of the City Manager January 31, 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.
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The City of Lake Forest
CITY COUNCIL
Proceedings of the Tuesday, January 16, 2018
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order immediately
following the Finance Committee Meeting at 7:18pm, 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 Tack, Alderman Reisenberg, and Alderman Moreno.
Absent: Alderman Buschmann
Also present were: Robert Kiely, Jr., City Manager; Victor Filippini, City Attorney; Catherine Czerniak,
Director of Community Development; Elizabeth Holleb, Director of Finance; Michael Thomas, Director of
Public Works; Pete Siebert, Fire Chief; Sally Swarthout, Director of Parks & Recreation; Susan Banks,
Communication Manager; Karl Walldorf, Chief of Police; DeSha Kalmar, Director of Human Resources; Mike
Strong, Assistant to the City Manager, along with other members of City Staff.
There were approximately 80 persons present in the Council Chamber.
CALL TO ORDER AND ROLL CALL 7:25pm
PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Lansing said he spoke for all reporting that we are saddened by the recent lives lost in Lake Forest
and offered sincere and heartfelt sympathies to the Families. He thanked the Lake County Major Crimes
Task Force and the Lake Forest Police Department for their responses and work on the case.
A. Decision Making Parameters
Mayor Lansing reported that he and Alderman Beidler had updated and shared their thoughts on the
current Decision Making Parameters. This item is open to suggestion and will be brought to the City Council
at a future date.
B. Proclamation to Declare January 23, 2018 as “The City of Lake Forest Poverty Awareness
Day”
Mayor Lansing reported The City of Lake Forest is in support of declaring January 23, 2018 as The City of
Lake Forest Poverty Awareness Day. The Lake County Community Foundation welcomes nationally
renowned researcher, Dr. Scott W Allard to discuss his book Places in Need; The Changing Geography of
Poverty at the new Northwestern Lake Forest Hospital on January 23.
COMMENTS BY CITY MANAGER
City Manager Robert Kiely asked Police Chief Karl Walldorf to report on the recent burglaries in Lake Forest.
The City Council had discussion on use of social media and the use and capabilities when using a code RED.
A. Annual Community Goals and Priorities
- Robert Kiely Jr., City Manager
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Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
City Manager Robert Kiely gave an overview of the 2018 Community Goals that include Spirit of Community,
Clarity of Expectations, Deliberate Mindfulness and Financial Acumen. The 2018 Priorities include
Community Campaign, Fire Service, Commuter Rail Service, Deerpath Golf Course, Internal Processes and
Budget Awareness. The City Council had discussion on community outreach, the City’s website and financial
documents and ways to communicate with residents.
B. Report on Deerpath Golf Course/Concessions
- Vince Juarez, Kemper Sports Management General Manager, DPCG
Director of Parks & Recreation Sally Swarthout gave a report on the pilot program that took place at the
Forest Park Beach last summer with Kemper Sports Management to serve beer and wine. Ms. Swarthout
reported that there were no incidents and that Staff will seek modification of the Class K licenses later in the
evening. She then introduced Vince Juarez who gave a detailed overview of renovations to date, programing
changes and anticipated growth revenues at Deerpath Golf Course. The City Council had discussion on
investing in the Course, maximizing membership and potential 2018 developments.
C. Approval of an Ordinance modifying the Class K Liquor License for the Lake Forest Beach
from a one week renewable Liquor License to an annual license (Waive first reading and
Grant Final Approval)
Director of Parks & Recreation Sally Swarthout stated that staff is requesting approval of an Ordinance that
modifies the Class K Liquor License to an annual liquor license and changes the fee. The City Council
approved a pilot program for the provisional sale and consumption of beer and wine at Forest Park Beach in
approved containers from 4:00pm to 9:00pm, July 1 through October 1, 2017 in a designated area. The
modifications of the Class K liquor license are being proposed include year-round service when the beach is
operational to help to ensure the success of the concessions program and other programs offered by Parks
& Recreation. This modification would allow for an annual license with restrictions which meet obligations
with the City and the Parks, Recreation and Forestry section consistent with other beach operations. The
other restrictions applicable to Class K licenses would remain in place, including that beer and wine may
only be sold and consumed in the designated beach area, the signage requirements, and the restrictions on
the type containers in which beer and wine may be served. The second modification is to change the current
fee from $40.00 weekly to an annual fee of $1500.00 for the license
The City Council had discussion on event possibilities at the beach.
Mayor Lansing asked if there was anyone from the public who would like to comment. Seeing none, he
asked for a motion.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final
approval of an Ordinance modifying the Class K Liquor License from a one week renewable license to an
annual license, and modify the current fee associated with the License.
Alderman Beidler made a motion to waive first reading and grant final approval of an Ordinance modifying
the Class K Liquor License from a one week renewable license to an annual license, and modify the current
fee associated with the License, seconded by Alderman Reisenberg. The following voted “Aye”: Aldermen
Beidler, Morris, Newman, Rummel, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 7-
Ayes, 0 Nays, motion carried.
COMMENTS BY CITY CCOUNCIL MEMBERS
1. Ratification of Engagement of Special Counsel regarding Practices and Procedures
14
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
Alderman Reisenberg thanked residents who voiced their concerns regarding payments to the lobbing firm
in relation to the pedestrian underpass and Amtrak stop at the Everett/Telegraph Road Train Station.
Alderman Reisenberg felt it important to note the City Council actions since its last meeting. He outlined
several initial recommendations heard earlier in the evening at the Finance Committee meeting. In addition
to the actions of the Finance Committee, the City Council met in executive session on two occasions to
interview many present and former officials individually, as part its fact finding. As a result of those
discussions and the confines of the Open Meeting Act, Council decided to engage outside counsel to provide
an independent and comprehensive review of the matter. Alderman Reisenberg stated that the City Council
will be asked to ratify an agreement with Leigh Jeter. In executive session, Ms. Jeter will be providing the
Council with an update regarding the investigation. Ms. Jeter will continue to collect all relevant data,
schedule and conduct interviews and upon conclusion will report her findings.
Mayor Lansing and Alderman Reisenberg added that anyone who would like to submit information to Ms.
Jeter may do so and that the Council anticipates a full report in February when the review is completed. He
again thanked the residents for their time and patience and ensured a through, independent review of all
pertinent information.
COUNCIL ACTION: Ratification of Engagement of Special Counsel regarding Practices and Procedures
Alderman Rummel made a motion to ratifying the Engagement of Special Counsel regarding Practices and
Procedures, seconded by Alderman Reisenberg. The following voted “Aye”: Aldermen Beidler, Morris,
Newman, Rummel, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 7- Ayes, 0 Nays,
motion carried.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
The following persons offered their opinions to the City Council:
Amy Francetic, 1322 W Deerpath, Lake Forest
Carla Ojha, 1401 W Deerpath, Lake Forest
Frank Nimesheim, 1111 Pine Oaks Circle, Lake Forest
Rick Dahl, 1660 Cornell Ct, Lake Forest
Nancy Cooley, 1751 Stanford Ct, Lake Forest
Emily Houlihan 170 N Savanna Court, Lake Forest
David Tanaka, 1142 Pine Oaks Circle, Lake Forest
Tom Sarsfield, 1808 Princeton Ct, Lake Forest
Renee Settels, 544 Lexington Dr, Lake Forest
Ron Puszynski, 1810 Princeton, Lake Forest
JoAnn Desmond, 1681 Yale Ct, Lake Forest
Richard Sugar, 1059 Mar Lane, Lake Forest
Rick Cusack, 1126 Pine Oak Circle, Lake Forest
Dennis Meulemans, 1100 Sir William Lane, Lake Forest
Lexis & Mark Blitstein, 620 Academy Dr, Lake Forest- passed as the topic has already been covered.
Mayor Lansing then offered the following:
“Lake Forest City Council has a long history of problem solving and decision-making utilizing a thorough
process that includes public input and engagement. I would like to thank all who have offered their opinions
and information to the City Council over the past few months on West Lake Forest rail matters. By working
together, we always make better decisions.
15
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
At all times, it is imperative the City Council’s position on an Amtrak stop at Telegraph Road be clear to all, as
well as matters affecting the Milwaukee District Northline, including a possible third track. Lest there be
confusion in the community about these matters, I would like to state the following:
This City Council, as with past City Councils, supports an Amtrak stop at the Telegraph Road station. Of
utmost importance to Lake Forest is the impact the stop has on public safety. This stop will slow and stop
all Amtrak trains traversing our community thereby providing safety enhancement, including traffic
intersections. An additional benefit to adding a stop is that it will provide an important transportation
service to many Lake Forest citizens and commuters as well as large employers and small businesses within
the area. This new stop will provide easy and efficient access for residents and employee traveling to and
from Chicago and to ever-growing Milwaukee and Southeast Wisconsin business opportunities. The Council
is pleased that after eight years of pursuing such a stop that Amtrak, IDOT, Metra and WisDOT all have
agreed to the City’s long pursued request.
This City Council, as with past City Councils, also supports the construction of a pedestrian underpass at the
Telegraph Road station. Once again, for the public health and safety of our residents, we need to see this
project become a reality. Lake Forest has experienced far too many track-crossing deaths over the years, and
we need to take steps to make the Station safer. In 2018, we will work hard to finalize the engineering and
raise the necessary external funding to complete this project. We are working to secure federal funding and
are pursuing other outside sources of funding to support this important community safety enhancement that
Amtrak also requires.
This City Council, as with past City Council’s, supports the general enhancement of commuter rail service
within our community. Many residents rely on Metra service to get to and from work, visit Chicago and
travel to other communities. The availability of convenient and timely commuter rail service is vital to Lake
Forest‘s long-term well-being.
These initiatives have been goals for the City since 2010 and have been part of the Lake Forest Strategic
Plan. Obviously, for these goals to be achieved, the City has and will continue to work with Metra, Amtrak,
IDOT and WisDOT. Let us not forget that Metra alone owns the Milwaukee District North line and must
authorize any new stops, construction, or passenger service within their right-of-way.
Now- on an entirely separate matter, that has never been connected to the foregoing:
With regard to the Milwaukee District third track – this City Council has not supported the construction of a
third track as proposed in the draft Environmental Assessment. Following the release of the draft
Environmental Assessment in late 2016, the City Council did approve a Resolution raising many questions,
which prompted more analysis of potential noise and vibration impacts on surrounding properties. The
Council is concerned about the impact to our community and residents. I do not believe that any member of
the City Council believes a third track through our community enhances the quality of life.
To that end, City representatives have met with Metra Officials to persuade them to explore alternative steps
to achieve their desired operational flexibility. This work and direction is evidenced in Metra’s recent TIGER
grant application, which does not include a funding request for a third track.
As frustrating as it may be for some, City officials and residents must wait until the final Environmental
Assessment is released to decide the City Council’s next course of action. These actions could include
engaging outside consultants, but that cannot happen until the report is released and we know the
conditions, and a reasonable course of action is decided upon. We anticipate the report to be released in the
next few months. Be assured, this City Council will share the report and hold a public meeting to discuss it
and the defined recommendations. Only with specific data of the Environmental Assessment in hand can we
explore the next best steps.
16
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
Once again, I thank our residents for their interest and patience and working through this complex issue. To
make this community effort successful we must work together patiently to be effective. By following our
long-standing tradition of thoughtful problem solving and community collaboration, I am confident we will
reach the best solution. This tradition has served Lake Forest well for many decades and will continue to be a
hallmark of the Lake Forest City Government.”
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the December 18, 2017 City Council Meeting Minutes
2. Check register for period of December 2, 2017-January 5, 2018
3. Special Event Approval of the Recurring “Class A” Special Event Permits Proposed for 2018
4. Approval of Additional Funding to GeWalt Hamilton Associates, Inc. for engineering services
related to the Central Business District Train Station Renovation Project in an amount of
$4,711.70
5. Consideration of a Recommendation from the Zoning Board of Appeals in Support of an
Amendment to a Special Use Permit for the Knollwood Club Approving Modifications to the
Previously Approved Site Plan. (First Reading, and if Desired by the City Council, Final
Approval)
COUNCIL ACTION: Approval of the five (5) 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 five Omnibus items as presented.
Alderman Newman made a motion to approve the five (5) Omnibus items as presented, seconded by
Alderman Reisenberg. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Tack,
Reisenberg, and Moreno. The following voted “Nay”: None. 7- Ayes, 0 Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
1. Consideration of a Recommendation from the Plan Commission in Support of a Special Use
Permit Authorizing a Bank and Drive Thru Facility for Chase Bank and Consideration of a
Recommendation from the Building Review Board in Support of Design Aspects of the
Development Proposed at 884 S. Waukegan Road. (Waive First Reading, and if Desired by
the Council, Grant Final Approval of the Ordinances)
Director of Community Development Catherine Czerniak reported that based on recommendations from the
Plan Commission and Building Review Board, the City Council is asked to consider two ordinances. The first
approving a Special Use Permit to authorize a bank and drive thru facility in the B-1 District and the second,
approving architectural and site design for the proposed development.
17
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
Ms. Czerniak reported that a new bank branch is proposed to be constructed at 884 S. Waukegan Road,
which until recently, was the site of a McDonald’s restaurant and that demolition of the existing building is
proposed. The new building is proposed generally in the same foot print as the existing building. No
changes are proposed to the existing curb cuts and the parking lot will also remain generally in the existing
configuration with minor changes. Enhanced pedestrian connections on the site and to points off the site
are proposed.
Ms. Czerniak gave detailed overview of the background on the property that included key concerns from
2003, the series of Standards, features of the project related to design and the overall features of the
project. She then reviewed the recommendations from the Plan Commission to approve the Special Use
Permit and the recommendation form the Building Review Board to approve Design aspects.
She stated that the Plan Commission heard testimony both in opposition to and in support of the petition
and that several residents voiced a preference for retaining McDonald’s at the site and opposition to
another bank in the area. Owners of neighboring commercial properties testified in support of the petition
noting that Chase Bank, a National Bank, will be making a substantial investment in the area and may attract
customers into the area who will support existing businesses in the area.
The Building Review Board heard testimony from residents supporting the design of the site, the
architecture of the building and the enhanced pedestrian walkways and requests were made to provide bike
racks on the property and to maintain a low light level on the site. The petitioner agreed to accommodate
both requests.
Ms. Czerniak also addressed the fact that a bank at this location, rather than a restaurant or retail use, will
result in the loss of an opportunity for the City to receive sales tax revenues. The property owner proposes a
one-time payment to the City to support maintenance of infrastructure, landscaping and amenities in the
area and that the proposed payment is set forth in a recent letter to the Mayor and referenced in the
Special Use Permit Ordinance.
The City Council had discussion on potential litigation, previous and current zoning of the business districts,
Mayor Lansing asked the City Attorney if there are any material differences at the time this was going on
with McDonalds and now in the legal framework of the City’s processes. City Attorney Victor Filippini
reported that zoning the procedures are essentially the same, but in subsequent years the Illinois Supreme
Court made a couple of decisions in which resulted in the change to character in the Special Use permits
nature from a legislative decision to a quasi-judicial decision, Mr. Filippini then read the following quote.
“[A] ‘special use’ is a type of property use that is expressly permitted within a zoning district by the
controlling zoning ordinance so long as the use meets certain criteria or conditions.” In short a Special Use
Permit is allowed in zoning code if it is recognized as a Special Use Permit, except that it has to meet special
criteria, and that criteria has been reviewed by the Plan Commission. City Council had discussion on first
reading only of the item, the attendance of City Council members, and when this item may come back to the
Council for further action, the City’s Comprehensive Plan, the size of the building, adaptive reuse of the
proposed building, the previous TIF District that was in the area. Alderman Moreno read Alderman
Buschmann’s comments. Again the City Council had discussion on more desirable business in the area,
compatibility of bank in relation to the district and to attempt to bring this item back when everyone is
present.
Alderman Morris asked for a motion to only hear this item with first reading. City Attorney Filippini
reported that this will be a voice vote and it simply allows the item to be continued, and noted that however
the Council votes tonight has no bearing on subsequent votes. City Manager Robert Kiely recommended
that the City Council engage the Legal Committee to review this item. Alderman Rummel and the Mayor are
Liaisons to the Committee. In the interim, the Legal Committee can be asked to review this and provide
guidance to the Council on permitted use. Alderman Rummel seconded Alderman Morris’s amended
18
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
motion to hear this item as first reading only pending the Legal Committees review. Mayor Lansing then
asked if there was anyone from the public who would like to comment on this matter. Seeing none, Mayor
Lansing asked, all in favor say “Aye”, those opposed say “Nay”. Motion passes with a 6-1 voice vote.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading of an Ordinance
granting a Special Use Permit authorizing Chase Bank and an associated ATM drive thru and approving the
overall redevelopment plan for property located at 884 S. Waukegan Road.
AND
If determined to be appropriate by the City Council, waive first reading of an ordinance granting final
approval of the Ordinance approving the Chase Bank petition in accordance with the Building Review
Board’s recommendation.
Mayor Lansing then asked for a motion to continue the BRB Ordinance consideration until the Special Use
Permit comes back to the Council for second reading.
Alderman Newman made a motion to continue the BRB Ordinance consideration until the Special Use
Permit comes back to the Council for second reading, seconded by Alderman Rummel, motion carried
unanimously by voice vote.
NEW BUSINESS
1. Report on the Waukegan Road/Everett Intersection Improvement Project (information
only)
-Robert Ells, Engineering Superintendent
Engineering Superintendent Robert Ells reported that the planning for this project began in 2009 when The
City of Lake Forest retained Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA) to conduct a traffic study on
Everett Road. This study was requested to evaluate existing traffic conditions in the area along with
possible impacts of a proposed residential development at the northwest corner of Everett Road and
Telegraph Road.
Consideration was given to the traffic effects of the Lake Forest Metra Station parking lots, Everett
Elementary School and Deerpath Middle School, as well as passenger and freight train activity on the Metra
MD-N Line railroad.
Although plans for the proposed residential development did not progress, the City continued to look at the
traffic issues in the area based on public comment and City Public Works Committee and Council feedback.
The plan calls for the addition of a dedicated right turn lane from southbound Waukegan Road to
westbound Everett Road; lengthening the right turn lane, left turn lane and through lane from eastbound
Everett Road to west of the Metra tracks and an enhanced left turn lane from westbound Everett road to
southbound Waukegan Road.
This work, valued at about $2.5M, would reduce traffic congestion at the intersection by adding additional
vehicle stacking and creating dedicated turn lanes. The Phase I preliminary engineering design has been
approved by both IDOT and Metra.
He stated that the City is now eligible for Federal Surface Transportation Program (STP) funding through the
Lake County Council of Mayors. This funding would reimburse the City for 80% of eligible Phase II design,
construction and Phase III construction engineering costs. City staff has recently concluded a Request for
Qualifications process and has selected Civiltech Engineering, Inc. as the Phase II engineering design
consultant. Staff is now in the process of submitting the agreements and required documents to the Lake
19
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
County planning staff so they may coordinate with IDOT/FHWA and update the project programming
documents so that the federal dollars can be authorized for this project.
The tentative schedule is:
Preliminary Cost Estimate:
Phase STP Funds City Funds Total
Phase II Design $260,000 $65,000 $325,000
Construction $2,000,000 $500,000 $2,500,000
Phase III Eng. $160,000 $40,000 $200,000
Project Totals $2,420,000 $605,000 $3,025,000
Mayor Lansing thanked Mr. Ells for the update.
2. Discussion on use of Leaf Blowers within the City and related Noise Ordinance
(information only)
- Chuck Myers, Superintendent of Parks & Forestry
Superintendent of Parks & Forestry Chuck Myers gave an update to the Council on the current City Code in
relation to noise through the operation of lawn maintenance equipment including, but not limited to, lawn
mowers, tractors and gasoline-powered leaf blower equipment. He also gave background information on
this topic to include:
1991 - City Council passed first ordinance that restricted the hours of operation of lawn
maintenance.
1995 - City Council modified the noise ordinance to draw a distinction between leaf blowers and
other types of lawn maintenance equipment.
2000 - City Council and City Staff reviewed and discussed noise generated by leaf blowers, with no
changes occurring to the City’s code.
2001 - City Council revised the ordinance by combining the hours of operation for gasoline-
powered leaf blowers with those of lawn maintenance equipment, in an effort to address the
confusion the different hours of operation caused with residents and police officers alike.
2002 - A draft Ordinance was brought before City Council that would put a ban on leaf blowers if
incorporated. After a discussion by City Council, there was a consensus that the Council could not
support the draft ordinance.
2015 – City Council given presentation by City Staff on Lawn Maintenance Equipment Hours of
Operation and Noise Generated from Leaf Blowers, with no actions taken.
Mr. Myers also addressed noise and air pollution and offered a sound level chart with OSHA limits for
comparison. He reviewed the City and College initiatives, and the possible actions that include:
Adjust allowable days/hours of operation
Regulate decibel level allowed (65/70)
Prohibit the use of gasoline-powered leaf blowers for a portion of the year (typically summer)
Date Milestone
1/31/2018 IDOT/FHWA Project Programming database update/agreements submitted to IDOT
5/1/2018 Agreements approved by IDOT/FHWA/City Council
6/1/2018 Phase II design/easement and ROW acquisition by Civiltech
4/15/2019 IDOT/Metra/ICC final design approvals
6/20/2019 Project bid opening
12/15/2019 Project construction complete
20
Proceedings of the Tuesday, January 16, 2018
Regular City Council Meeting-
Education/Training initiatives
No action at this time.
Mayor Lansing thanked Mr. Myers for the update and stated that he and the Council are looking forward
to future research and proposals. The City Council had discussion on enforcement issues.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
EXECUTIVE SESSION
Mayor Lansing asked for a motion to adjourn into executive session.
1.EXECUTIVE SESSION pursuant to 5 ILCS 120/2 (c), (1), The City Council will be discussing
personnel.
Alderman Reisenberg made a motion to adjourn into EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (1),
The City Council will be discussing personnel, seconded by Alderman Newman. The following voted “Aye”:
Aldermen Beidler, Morris, Newman, Rummel, Tack, Reisenberg, and Moreno. The following voted “Nay”:
None. 7- Ayes, 0 Nays, motion carried.
Mayor Lansing noted there will be no further business following executive session.
Adjournment into Executive Session at 10:41 pm
RECONVENE INTO REGULAR SESSION at 11:59 pm
ADJOURNMENT
There being no further business. Alderman Moreno made a motion to adjourn, seconded by Alderman
Beidler. Motion carried unanimously by voice vote at 11:59 p.m.
Respectfully Submitted
Margaret Boyer, City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s
office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want
To, then click on View, then choose Archived Meetings Videos.
21
6
OFFICE SUPPLIES
Warehouse Direct - Contract #R141701
The Suburban Purchasing Cooperative (SPC) Governing
Board has awarded a contract extension to Office Supplies
Program via Warehouse Direct through Independent Station-
ers that piggybacks onto The Cooperative Purchasing Network
(TCPN) Contract R141701 solicited by lead agency, Texas
Region 4 Education Service Center (ESC).
All TCPN contracts are competitively bid, evaluated, approved
and awarded by a governmental entity serving in the lead
agency role. The Cooperative Purchasing Network (“TCPN”)
assists the lead public agency, Region 4 ESC, in helping other
public agencies and non-profits reap the benefits of national
leveraged pricing, with no additional costs to the participants.
The SPC contract extension shall be in force through February
28, 2019. The SPC reserves the right to extend the contract
for the duration of the Region 4 ESC/TCPN contract, upon mu-
tual agreement of both the vendor and the Conference on a
negotiated basis.
Ordering Information - Office Supplies
Please contact either Spencer Touchie or Rick Schackle, or
their respective customer service contacts, Kathy Johnson 847
-631-7194 or Margaret Dawson 847-631-7177.
Warehouse Direct Workplace Solutions
2001 S. Mount Prospect Rd.
Des Plaines, IL 60018
Spencer Touchie, Account Executive, 847-631-7188
stouchie@warehousedirect.com
Rick Schackle, Account Executive, 847-631-7428
rickschackle@warehousedirect.com
Orders placed today will be delivered next day. There is no
minimum order requirement and standard delivery is free.
22
THE CITY OF LAKE FOREST
RESOLUTION NO. 2018-___
A RESOLUTION ADOPTING A POLICY PROHIBITING SEXUAL
HARASSMENT FOR THE CITY OF LAKE FOREST
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0554
(“Act”), which became effective November 16, 2017;
WHEREAS, pursuant to the Act, each governmental unit shall adopt an ordinance or
resolution establishing a policy to prohibit sexual harassment;
WHEREAS, The City of Lake Forest (the “City”) already has a policy addressing
allegations of sexual harassment, but that policy has not been formally adopted by ordinance in
accordance with the requirements of the Act;
WHEREAS, consistent with the Act, the City Council desires to adopt formally the City’s
sexual harassment policy;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, AS FOLLOWS:
Section 1. The Policy Prohibiting Sexual Harassment, included as Exhibit A to this
Resolution, is hereby adopted.
Section 2. To the extent that this Resolution conflicts with any other ordinance, resolution,
or policy of the City, the terms of this Resolution shall supersede the terms of other ordinance,
resolution, or policy, except where the terms of the other ordinance, resolution, or policy are
stricter than the terms of the Resolution.
Section 3. This Resolution shall be in full force and effect upon its passage, approval, and
publication in the manner provided by law.
Passed this ____ day of _____, 2018
AYES:
NAYS:
ABSENT:
ABSTAIN:
Approved this _____ day of ____, 2018
Mayor
23
THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 2-13
Office of the City Manager Revised May 2016
ANTI-HARASSMENT
1.0 Introduction
It is the policy and practice of the City to provide a professional working environment for its
employees so that they may carry out their duties in productive and positive surroundings. A
professional work environment includes, at a minimum, a workplace that is free of unlawful
harassment. But the City’s policy goes further. Any conduct of a harassing nature that adversely
effects the work environment is unacceptable, even if that conduct does not rise to the level of
being unlawful.
Actions, words, jokes or comments based on an individual’s race, color, religion, sex, sexual
orientation, national origin, citizenship, ancestry, age, marital status, military status, veteran status,
disability, genetic information or other legally protected characteristic will not be tolerated.
Harassment of the City’s employees by non-employees, such as residents, public officials,
suppliers and vendors, contractors and other third parties with whom our employees interact while
performing their job duties, also is strictly prohibited.
Harassment does not include the reasonable statements and actions of supervisors and other
managerial level employees intended to provide performance feed or corrective action, such as
performance evaluations, deficiency notices, warnings, counselings, reprimands, performance
improvement plans and other actions intended to promote desired work performance.
2.0 Scope
This policy applies to conduct in or connected to the workplace, whether it is physical or verbal,
and whether public officials, managers, supervisors, fellow employees, or other non-employees
(such as vendors, suppliers, business invitees, contractors or residents of the City) commit it. This
policy governs all aspects of employment, including selection, job assignment, compensation,
discipline, discharge, leaves of absence, and access to benefits and training.
All employees are responsible for cooperating in any investigation of alleged harassment, and for
participating in periodic training regarding this policy.
The City is committed to vigorously enforcing its policy against harassment at all levels. All
employees must conduct themselves in a way that ensures they do not engage in acts of
harassment. All supervisors and managers are responsible for making sure that the employees who
report to them are aware of this policy, ensuring that their personnel decisions comply with this
policy, and taking corrective actions (after consultation with the Director of Human Resources)
when inappropriate behavior occurs.
3.0 Forms of Harassment
3.1 Sexual Harassment
"Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when (1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions affecting such individual, or
EXHIBIT A
24
Administrative Directive 2-13 Page 2
Anti-Harassment
(3) such conduct has the purpose or effect of substantially interfering with an individual's work
performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment is unlawful and prohibited regardless of whether it is between or among
members of the same sex or opposite sexes.
The following non-exclusive list sets forth examples of the conduct that violate the City’s policy
against sexual harassment:
•Physical assaults of a sexual nature, such as rape, sexual battery, molestation or other
unwelcome physical contact (e.g., touching, pinching, patting, grabbing, rubbing or brushing
against another employee’s body);
•Unwelcome sexual advances, propositions or other sexual comments, such as sexually-
oriented gestures, sounds, remarks, jokes or comments about a person’s sex, sexuality or
sexual experiences;
•Preferential treatment or promises of preferential treatment to an employee for submitting to
sexual conduct; or subjecting or threatening to subject an employee to more onerous terms or
conditions of employment because of that employee’s sex or rejection of sexual advances,
propositions or comments; and
•Sexual or discriminatory displays or publications anywhere in the workplace, such as
displays of pictures, posters, calendars, graffiti, objects, books or other materials that are
sexually suggestive, demeaning or pornographic.
•Sexually explicit letters, memos, poems, instant messages, texts, e-mail or voice-mail
messages.
•Repeated requests for dates.
3.2 Other Forms of Harassment
The City prohibits slurs or other verbal or physical conduct, relating to an individual’s race, color,
religion, sex, sexual orientation, national origin, citizenship, ancestry, age, marital status, military
status, veteran status, disability, genetic information or other legally protected characteristic when
1. such conduct may have the purpose or effect of unreasonably interfering with an individual’s
work performance; or
2.such conduct may have the purpose or effect of creating an intimidating, hostile, or offensive
working environment working environment.
4.0 Reporting and Investigating Alleged Harassment
4.1 Harassment Complaints
If an employee observes or experiences any job-related harassment or believes that he or she has
been treated in an unlawful or discriminatory manner, the employee should promptly report the
incident, preferably in writing. Such incident should be reported either:
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Administrative Directive 2-13 Page 3
Anti-Harassment
1. to his or her supervisor or anyone higher in the chain-of-command, who shall promptly
report the matter to the Director of Human Resources; or
2.the employee report it directly to the Director of Human Resources; or
3.if the Director of Human Resources is the subject of the complaint or the employee believes
that it would be inappropriate to communicate with the Director of Human Resources, the
employee should report the incident to the City Manager. (In this event, each step of this
policy that would involve the Director of Human Resources will be instead performed by the
City Manager or by a person designated by the City Manager); or
4. if the City Manager is the subject of the complaint, the employee should report the incident
to the Mayor.
The Director of Human Resources shall conduct or shall designate a qualified person to conduct an
objective and impartial investigation of the allegations of a complaint, which investigation will be
made as soon as practicable. Consistent with the need to conduct a thorough and complete
investigation, to the extent practicable, confidentiality will be maintained. If the investigation leads
to a determination that a complaint is well-grounded and true, appropriate corrective action shall be
taken. This may include discharge or other discipline of the guilty employee. In the case of unlawful
harassment by a non-employee, the company will notify the person of the company’s policy against
harassment and take such other action as may be appropriate under the circumstances. If the
complaint is not substantiated, the matter will be closed. In either case, however, the complaining
employee will be advised of the results of the investigation and the decision reached by the City.
4.2 Retaliation Complaints
It is City policy that no adverse action shall be taken against any employee for resisting or making
a good faith report of harassment, filing a complaint or charge, or participating in any related
investigation or proceeding. If an employee believes that he or she has been retaliated against for
resisting or reporting harassment, the employee should report such retaliation in the same manner
as set forth above for employees who have complaints of harassment. The same procedures will be
followed in investigating and responding to such reports.
5.0 Malicious Accusations
Malicious accusations of harassment can have serious effects on innocent persons. Malicious
accusations are accusations of harassment that were known by the accuser to be false. Malicious
accusations of harassment do not refer to charges made in good faith that cannot be proven or are
deemed unfounded. If an investigation results in a finding that a person who has accused another of
harassment has maliciously made the accusations, the accuser will be subject to discipline, up to
and including immediate termination.
6.0 Discipline
Any employee who is determined, after an investigation, to have engaged in conduct that violates
this policy will be subject to disciplinary action up to and including termination. If any public
official engages in conduct that violates this policy, appropriate remedial and corrective action
shall be taken with respect to that individual. In the case of unlawful harassment by any other non-
employee, the City will notify the person of the City’s policy against harassment and take such
other action as may be appropriate under the circumstances.
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Administrative Directive 2-13 Page 4
Anti-Harassment
7.0 External Procedures
The City is committed to promptly responding to and resolving sexual or other harassment
complaints in a prompt and fair manner. It is hoped that such complaints of sexual or other
harassment can be resolved within the City through the internal procedures outlined above. All
City employees, however, have the right to file formal harassment charges with the Illinois
Department of Human Rights (“IDHR”) and/or the United States Equal Employment Opportunity
Commission (“EEOC”). Such charges must be filed within a certain time period, usually within
180 days of the alleged harassing incident, if filed with the IDHR, or within 300 days, if filed with
the EEOC. Under certain circumstances, these deadlines may be extended for continuing offenses
under applicable law.
It is unlawful for an employer to retaliate against an employee for filing a charge of harassment
with the IDHR or the EEOC. An employee who feels that she or he has been retaliated against after
filing a charge with the IDHR or EEOC has 180 days (IDHR) or 300 days (EEOC) from the alleged
retaliation to file a retaliation charge. To contact the IDHR write or call its Chicago or Springfield
office. To contact the EEOC, write or call its Chicago office.
Illinois Department of Human Rights
217/785-5100 Springfield
312/814-6200 Chicago
Illinois Human Rights Commission
217/785-4350 Springfield
312/814-6269 Chicago
Equal Employment Opportunity Commission
800/669-4000
8.0 Distribution
Employee Information Site, www.citylf.org.
Robert R. Kiely, Jr.
City Manager
Created May 1995
Revised May 1998, 2001, 2005, 2011, 2016
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{00018058 2} 1
THE CITY OF LAKE FOREST
RESOLUTION NO. 2018-
A RESOLUTION APPROVI NG AN AGREEMENT
WITH THE FRIENDS OF LAKE FOREST PARKS
AND RECREATION FOUNDATION REGARDI NG
IMPROVEMENTS TO DEERPATH GOLF COURSE
WHEREAS, The City of Lake Forest (the "City'') owns certain property located at 500
West Deerpath that is comprised of approximately 134 acres of land (the “Property”) commonly
known as "Deerpath Golf Course," and
WHEREAS, the Property was donated to the City by multiple civic-minded residents from
January of 1923 to January of 1931 for the use of residents for public park and recreational
purposes, with the first nine-holes (south) constructed in 1924 and the second nine-holes (north)
and clubhouse completed in 1930, and
WHEREAS, in November, 2015 the City Council reaffirmed its commitment to maintaining
the Property as the Deerpath Golf Course within the City; and
WHEREAS, as part of such commitment, the City Council established a Golf Advisory
Committee and directed the Golf Advisory Committee to work with golf course consultants to
prepare a long-range master plan for improving the course conditions and enhancing the financial
picture at Deerpath Golf Course, which activities resulted in the 2016 Master Enhancement Plan
prepared by Lohmann Golf Design, Inc. (the “Master Plan”), and
WHEREAS, the Master Plan identified (i) certain improvements to the Property that were
necessary for the financial viability of the Deerpath Golf Course as a competitive and cost-
effective golf course facility to serve the City and its residents (the “Property Improvements”),
as well as (ii) other enhancements to the Property that would not impact the functionality of the
course operations but would be perceived by the golfing community as “added-value” amenities
(the “Course Enhancements”); and
WHEREAS, the City Council has determined that it is necessary and appropriate for the
City to invest public resources (including revenues from the Deerpath Golf Course) for the
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Property Improvements, but the City Council also determined that the City was unable to commit
public resources for the Course Enhancements as described in the Master Plan; and
WHEREAS, beginning in 2016 and continuing into 2017 the City undertook improvements
to the Clubhouse and locker room facilities, outdoor patio, course drainage and the installation of
a continuous cart-path to implement the Property Improvement elements of the Master Plan; and
WHEREAS, the Friends of Lake Forest Parks and Recreation Foundation, an Illinois not-
for-profit corporation organized pursuant to Illinois law (the “Corporation”), was established to
provide, among other things, recreational opportunities and experiences for residents of the Lake
Forest in order to foster the sense of community among residents of Lake Forest; and
WHEREAS, the Corporation believes that implementing the Course Enhancements
described in the Master Plan will further its goals and mission; and
WHEREAS, although the City Council has determined that the Course Enhancements for
the Deerpath Golf Course were not necessary and proper public works activities for the City to
undertake and commit City resources, the City Council has no objection to permitting the
Corporation to undertake the Course Enhancements in furtherance of its goals and mission; and
WHEREAS, the City Council acknowledges that having the Corporation secure and utilize
private donations or other non-city resources to undertake the Course Enhancements is reflective
of a true public-private partnership that will foster an increased sense of community while
providing amenities to attract more golfers to Deerpath Golf Course, thereby increasing the
recreational opportunities and experiences for residents as desired by the Corporation; and
WHEREAS, in order to allow the Corporation to pursue its goals and mission,
t he City and Corporation have negotiated the Friends of Lake Forest Parks and Recreation
Foundation Demonstration Project Agreement (the "Agreement"),a copy of which is
attached in substantially the form attached hereto as Exhibit 1; and
WHEREAS, the Agreement establishes the terms under which the City will permit the
Corporation to undertake the Course Enhancements on the Property; and
WHEREAS, the City Council acknowledges that permitting the Corporation to undertake
the Course Enhancements in accordance with the Agreement coincides with the City’s objective
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of further strengthening its financial operations of Deerpath Golf Course; and
WHEREAS, the City Council has determined that entering into the Agreement with the
Corporation would be in the best interest of the City and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows.
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a
part of, this Resolution by this reference as findings of the City Council of The City of Lake
Forest.
SECTION TWO: APPROVAL; AUTHORIZATION. The City Council hereby (a) approves
the Agreement in substantially the form attached as Exhibit 1 to this Resolution, (b) authorizes
and directs the City Manager, in consultation with the City Attorney, to finalize the terms and
exhibits to the Agreement, and (c) authorizes and directs the Mayor and City Clerk to
thereafter execute and attest the Agreement on behalf of the City, consistent with the terms of this
Resolution.
SECTION THREE: EFFECTIVE DATE. This Resolution shall be in full force and effect
upon the passage and approval of this Resolution.
PASSED THIS 5th DAY OF February, 2018.
AYES:
NAYS:
ABSENT:
APPROVED THIS 5th DAY OF February, 2018.
______________________
Mayor
ATTEST:
____________________________
City Clerk
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{00018058 2} 4
EXHIBIT 1
Friends of Lake Forest Parks and Recreation Foundation Demonstration Project Agreement
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FRIENDS OF LAKE FOREST PARKS AND RECREATION FOUNDATION
DEMONSTRATION PROJECT AGREEMENT
This FRIENDS OF LAKE FOREST PARKS AND RECREATION FOUNDATION
DEMONSTRATION PROJECT AGREEMENT (the “Agreement”) is entered into by and
between THE CITY OF LAKE FOREST, an Illinois home rule and special charter municipal
corporation (the "City"), and the FRIENDS OF LAKE FOREST PARKS AND RECREATION
FOUNDATION, an Illinois not-for-profit corporation (the "Corporation")(collectively, the City and
Corporation shall hereinafter be referred to as the “Parties”), and for and in consideration of the
promises and agreements herein set forth, the receipt and sufficiency of which are hereby
mutually acknowledged, agree on this _________ day of ____________________, 201__ as
follows:
SECTION 1: Background.
A. The City is the owner (the “Owner”) of certain property located at 510 Deerpath
Rd, Lake Forest, Illinois (the "City Property").
B. The City Property is comprised of certain land that has been improved with a
public golf course commonly known as “Deerpath Golf Course.” Deerpath Golf Course is
depicted on Exhibit A to this Agreement.
C. The City undertook a long-range master plan for improving the course
conditions and enhancing the financial picture at Deerpath Golf Course, which activities
resulted in the 2016 Master Enhancement Plan prepared by Lohmann Golf Design, Inc. (the
“Master Plan”).
D. The Master Plan identified (i) certain improvements to the Property that were
necessary for the financial viability of the Deerpath Golf Course as a competitive and cost-
effective golf course facility to serve the City and its residents (the “Property
Improvements”), as well as (ii) other enhancements to the Property that would not impact
the functionality of the course operations but would be perceived by the golfing community as
“added-value” amenities (the “Course Enhancements”).
E. The City Council of the City has determined that it is necessary and appropriate
for the City to invest public resources (including revenues from the Deerpath Golf Course) for
the Property Improvements, but the City Council also determined that the City was unable to
commit public resources for the Course Enhancements as described in the Master Plan.
F. The City has undertaken improvements to the Clubhouse and locker room
facilities, outdoor patio, course drainage and the installation of a continuous cart-path to
implement the Property Improvement elements of the Master Plan.
G. The Corporation was established to provide, among other things, recreational
opportunities and experiences for residents of the Lake Forest in order to foster the sense of
community and philanthropy among residents of Lake Forest.
H. The Corporation believes that implementing the Course Enhancements
described in the Master Plan will further its goals and mission.
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I. Although the City Council has determined that the Course Enhancements for
the Deerpath Golf Course were not necessary and proper public works activities for the City
to undertake and commit City resources, the City Council has no objection to permitting the
Corporation to undertake the Course Enhancements in furtherance of its goals and mission
as hereinafter provided.
J. The City Council acknowledges that having the Corporation secure and utilize
private donations or other non-city resources to undertake the Course Enhancements is
reflective of a true public-private partnership that will foster an increased sense of community
and philanthropy while providing amenities to attract more golfers to Deerpath Golf Course,
thereby increasing the recreational opportunities and experiences for residents as desired by
the Corporation.
K. The Corporation, in furtherance of its goals and mission, desires to undertake
certain Course Enhancements as generally described in Exhibit B to this Agreement as a
“Demonstration Project” that will provide an example for other individuals and organizations
who seek to promote the sense of community and philanthropy in Lake Forest and elsewhere.
L. The City does not consider the Demonstration Project as being a matter of public
necessity nor as a requirement for the functionality of the Golf Course.
M. The City has no objection to allowing the Corporation to implement its
Demonstration Project at Deerpath Golf Course, subject to the terms and conditions of this
Agreement.
SECTION 2: Preparation and Approval of Demonstration Project Plans.
Preparation of Plans. The Corporation will cause to be prepared at its sole cost all
plans, specifications, and related documents for purposes of undertaking and completing the
Demonstration Project (the "Demonstration Project Plans"). The Demonstration Project Plans
shall also include an engineer's estimate of probable costs or equivalent (the "Cost Estimate")
and an implementation schedule with designated phases (a "Schedule"); provided, however,
that the first phase of the Demonstration Project shall be completed on or before 15 May 2018,
unless a later date approved in writing by the City Manager and the complete Demonstration
Project shall be completed on or before 31 December 2021
B. Review of Demonstration Project Plans; Permitting.
1. Following preparation of the Demonstration Project Plans, the Corporation shall
submit the Demonstration Project Plans to the City for review by the City staff. The City staff
shall identify any deficiencies in the Demonstration Project Plans, under the standards set forth
in the immediately following sentence, and cooperate with the Corporation in addressing such
deficiencies. Upon the City staff being satisfied that the Demonstration Project Plans satisfy all
applicable codes and regulations and are otherwise consistent with the City Code, and upon (i)
concurrence of the City staff that the Cost Estimate is a reasonable calculation of the cost to
implement the Demonstration Project Plans, and (ii) the delivery by the Corporation of evidence
reasonably satisfactory to the City Manager that the Corporation has the funds available to pay
in full all costs associated with the Demonstration Project, the City staff shall issue the
necessary permits to the Corporation for the Demonstration Project. Alternatively, the
Corporation may submit evidence of satisfactory financial security in the form of a performance
and payment bond, letter of credit, cash escrow, or such other similar security that may be
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reasonably satisfactory to the City to ensure the completion of the Demonstration Project Work
(as hereinafter defined) (the "Security").
2. In the event that the Demonstration Project Plans and Security are not approved
by the City, or approved subject to conditions unacceptable to the Corporation, the Corporation
may notify the City in writing of the Corporation's intent to proceed no further with the
implementation of the Demonstration Project, in which case this Agreement shall be terminated
as provided in this Agreement.
3. In light of the not-for-profit status of the Corporation and the fact that the
Demonstration Project is in furtherance of enhancing the Property, the City agrees to waive all
permit and inspection fees relating to the Demonstration Project Work, provided that the
approved Security is posted.
C. Coordination of Work. Nothing herein shall prevent the City from requiring the
Corporation to modify the Schedule and defer commencement of work to implement the
approved Demonstration Project Plans (the "Demonstration Project Work") if the City
determines in its reasonable judgment that the Demonstration Project Work will interfere with
the progress of the Property Improvements. In order to ensure proper coordination of the
Property Improvements and the Demonstration Project Work, the Corporation and any
Demonstration Project Contractor (as hereinafter defined) shall meet with City representatives
at least bi-monthly at a time and place as designated by the City.
SECTION 3: Permits.
A. City Permits. Following approval of the Demonstration Project Plans by the City
Council and approval of the Security as provided in Section 2.B of this Agreement, the City shall
issue such permits as are necessary and warranted based upon the approved Demonstration
Project Plans.
B. Other Permits and Approvals. In addition to the permits to be issued by the City,
the Corporation shall be responsible for securing all other applicable permits and approvals
necessary in connection with the Demonstration Project Work.
SECTION 4: Contractors. In light of the City's ownership of, the City has an interest in
assuring that qualified workers and entities perform the Demonstration Project Work.
Accordingly, following the approvals described in Sections 2 and 3 of this Agreement, the
Corporation shall enter into an appropriate contract or contracts to undertake the Demonstration
Project Work; provided, however, before entering into such contract(s), the Corporation shall
submit the names and qualifications of the contractor(s) (the "Demonstration Project
Contractor") and the terms of the proposed contract (the "Demonstration Project Contract")
to the City Manager (or the Manager’s designee) for approval, which approval shall not be
unreasonably withheld. Nothing in this Agreement shall prevent the Corporation from (a)
seeking the City's approval of the Demonstration Project Contractor through a pre-qualification
process of prospective contractors, or (b) seeking the City's approval of the form of the
Demonstration Project Contract prior to final selection of a Demonstration Project Contractor.
Subject to the City's ultimate authority to approve the Demonstration Project Contractor and
Demonstration Project Contract, the City shall promptly notify the Corporation of any objections
to such contractor or contract and the bases therefor, and the parties agree to meet and confer
to address or resolve such objections. The Demonstration Project Contract shall include a
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provision allowing the City, in its discretion, to assume such contract in the event that the
Corporation seeks to abandon the Demonstration Project Work.
SECTION 5: Contractor and Subcontractor Security. The Corporation shall cause the
Demonstration Project Contractor or Contractors to provide to the Corporation with a Security in
the amount of 110% of the value of the contract for the Demonstration Project Work. Such
Security shall name the City as a co-beneficiary along with the Corporation. The Security
provided to the City pursuant to this Section 5 may be provided by one or more Demonstration
Project Contractors in proportion to the amount of the Demonstration Project Work to be
performed by each such Demonstration Project Contractor.
SECTION 6: Insurance. Before commencing any Demonstration Project Work, the
Corporation will obtain and maintain throughout the course of such work adequate insurance, as
set forth in Exhibit C, with the City as an additional insured. All policies of insurance shall be in
a form approved by the City Attorney, and certificates of those policies shall be deposited with
the City prior to the commencement of any such work. Upon request, the City may request the
Corporation to provide current evidence of insurance as herein provided. The Corporation may
satisfy the requirements of this Section 6 by causing one or more Demonstration Project
Contractor to provide the required insurance on behalf of the Corporation, provided that the
standards set forth in this Section and Exhibit C are satisfied.
SECTION 7: Indemnifications.
A. The Corporation shall indemnify, save harmless, and defend the City [including
its officers, officials, employees, agents, attorneys, consultants, and representatives (the “City
Indemnitees”)] against all damages, liability, claims, losses, penalties, fines, and expenses
(including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection
with the Corporation‘s performance of, or failure to perform, the Demonstration Project W ork, or
any part thereof, in accordance with the terms of this Agreement; provided, however, that, to the
extent that a Demonstration Project Contractor executes an agreement with the Corporation that
provides for the Demonstration Project Contractor to indemnify the City Indemnitees in the
manner set forth in this Section 7, the Corporation’s indemnification obligations herein will be
satisfied.
B. The City shall indemnify, save harmless, and defend the Corporation (including
its officers, officials, employees, agents, attorneys, consultants, and representatives) against all
damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, or be
alleged to have arisen, out of or in connection with the conditions of the City Property, or any
part thereof, or the negligent acts or omissions of the City or its employees.
SECTION 8: Compliance with Laws. The Corporation agrees that it shall be required to
comply (and to cause any of its Demonstration Project Contractors to comply) with all applicable
federal, state, and local laws in connection with the Demonstration Project Work.
SECTION 9: Completion and Acceptance of Work. The City shall have the right to inspect
all or any part of the Demonstration Project Work and to reject all or any part of any of such
work that is, in the City’s judgment, defective or damaged or that in any way fails to conform
strictly to the approved plans and the requirements of this Agreement. The City, without limiting
its other rights or remedies, may require correction or replacement at the Corporation’s cost,
may perform or have performed all actions necessary to complete or correct all or any part of
the Demonstration Project Work that is defective, damaged, or nonconforming and charge the
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Corporation with any excess cost incurred thereby, or cancel all or any part of any order or this
Agreement (which cancellation is subject to the provisions of Section 11 of this Agreement).
Demonstration Project Work so rejected may be returned or held at the Corporation’s expense
and risk.
SECTION 10: Ownership of Demonstration Project Work; License.
A. Ownership. The parties acknowledge and agree that the Corporation desires to
undertake the Demonstration Project Work for the purposes of promoting its mission and goals
as hereinabove described. As such, the Parties:
i. acknowledges that the Corporation shall be the owner of Demonstration Project
Work; and
ii. acknowledge and agree that the Demonstration Project Work shall, upon
satisfactory completion, be fixtures of the Deerpath Golf Course and therefore
will be incorporated into the City Property.
B. License. The City grants to the Corporation and the Demonstration Project
Contractor a license to enter upon the City Property for purposes of undertaking the
Demonstration Project Work in accordance with the approvals granted by the City therefor and
in compliance with all applicable City ordinances, codes, regulations, and approvals.
SECTION 11: Termination.
A. Termination for Failure to Perform Satisfactorily. In the event that the City
determines that the Corporation is not performing the Demonstration Project Work in a manner
consistent with the requirements of this Agreement, the City shall notify the Corporation in
writing of such deficiency or deficiencies (a "Deficiency Notice"). Upon issuance of such
Deficiency Notice, (i) the Parties shall meet and confer in an effort to resolve any disagreement
regarding the requirements of this Agreement and the performance of the Corporation; and (ii)
the Corporation shall make efforts to cure each such deficiency. If, within 30 days after the
issuance of the Deficiency Notice (or such longer period of time as the City may permit), the
Parties fail to resolve any disagreement and the Corporation fails to cure such deficiency or
deficiencies, the City (i) may terminate this Agreement and all of the Corporation's interests
arising from this Agreement, (ii) may assume any contract relating to the Demonstration Project
Work, and (iii) shall have the right to assume ownership and control of all Security, work,
equipment, and materials relating to the Demonstration Project Work.
B. Termination Upon Completion. Upon satisfactory completion of all
Demonstration Project Work, the Corporation's license rights under this Agreement shall expire,
and all interests that the Corporation might have in the Demonstration Project Work shall be
deemed conveyed to the Owner as a gift.
SECTION 12: No Third-Party Beneficiaries. There are no third-party beneficiaries to this
Agreement and the City is not to be deemed a subcontractor, partner, or agent of the
Corporation.
SECTION 13: Notices. All notices herein required shall be in writing and shall be served on
the parties at the following addresses:
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The City:
The City of Lake Forest
220 E. Deerpath
Lake Forest IL 60045
Attn: Robert R. Kiely, Jr., City Manager
E-mail: kielyr@cityoflakeforest.com
The Corporation:
_________________________________
_________________________________
_________________________________
E-mail: ___________________________
All notices and other communications in connection with this Agreement shall be deemed
delivered to the addressee thereof when delivered in person or by express mail or messenger at
the address set forth below or three business days after deposit thereof in any main or branch
United States post office, certified or registered mail, return receipt requested, postage prepaid,
properly addressed to the parties, respectively. Notices or communications may also be e-
mailed and shall be deemed delivered either (i) when received and documented by a receipt
successful transmission, or (ii) when sent provided that a copy is also mailed or delivered in
person or by express mail.
By notice complying with the foregoing requirements of this Section 13, each party shall have
the right to change the addressees or addresses or both for all future notices and
communications to such party, but no notice of a change of address shall be effective until
actually received.
SECTION 14: Remedies. The Parties shall have all rights and remedies available under law to
cause the performance of this Agreement.
SECTION 15: Entire Agreement. This Contract sets forth the entire agreement of the City and
the Corporation with respect to the accomplishment of the Demonstration Project Work, and the
payment and requirements relating thereto, and there are no other understandings or
agreements, oral or written, between the City and the Corporation with respect to the
Demonstration Project Work and the compensation therefor.
[Signature page to follow.]
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In witness whereof, the parties have executed this agreement the day and the year first
above written.
THE CITY OF LAKE FOREST, a municipal
corporation of Illinois
By: ______________________________
ATTEST: _________________________
FRIENDS OF LAKE FOREST PARKS AND
RECREATION FOUNDATION, an Illinois not-for-
profit corporation
By: ______________________________
ATTEST: _________________________
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EXHIBIT A
Depiction of Deerpath Golf Course/City Property
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EXHIBIT B
General Description of the Demonstration Project
Greens and Approaches Drainage
Halfway House /Comfort Station
Cart Barn/Fleet
Waterless Restroom
Driving Range Expansion
New Short Game Practice Area
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{00018059 3} 10
EXHIBIT C
Required Insurance
1. Worker's Compensation and Employer's Liability with limits not less than:
(a) Worker's Compensation: Statutory;
(b) Employer's Liability:
$1,000,000 injury - per occurrence
$ 500,000 disease - per employee
$1,000,000 disease - policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
2. Comprehensive Motor Vehicle Liability, with a combined single limit of liability for
bodily injury and property damage of not less $1,000,000 for vehicles owned,
non-owned, or rented. All employees shall be included as insureds.
3. Commercial General Liability with coverage written on an “occurrence” basis and
with limits no less than $1,000,000 Bodily Injury and Property Damage Combined
Single Limit.
Coverage is to be written on an “occurrence" basis.
Coverages shall include:
- Broad Form Property Damage Endorsement
- Products/Completed Operations (to be maintained for two years following final
payment).
- Independent Contractors
- Personal Injury (with Employment Exclusion deleted)
- "X," "C," and "U" exclusions shall be limited
- Contractual Liability
-Railroad exclusions shall be deleted.
All employees shall be included as insureds. Contractual Liability shall
specifically include the indemnification set forth in the Contract
4. Umbrella Policy. The required coverages may be in any combination of primary,
excess and umbrella policies. Any excess or umbrella policy must provide
excess coverage over underlying insurance on a following-form basis such that
when any loss covered by the primary policy exceeds the limits under the primary
policy, the excess or umbrella policy becomes effective to cover such loss.
5. Deductible. Each policy shall have a deductible or self -insured retention of not
more than $2,000.
6. City as Additional Insured. The City and its officers, officials, employees, agents,
attorneys, consultants, and representatives shall be named as an Additional
Insureds on all policies except for Worker’s Compensation, and Comprehensive
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Motor Vehicle Liability. Additional insured coverage shall be provided on
endorsements at least as broad as ISO form CG2010 or CG2026 (pre-2004
editions).
7. Notice of Termination. Each of the required policies shall all provide that the City
shall receive notice at least 30 days prior to termination of such policy or policies.
61
C O M M E R C I A L R E A L E S T A T E S E R V I C E S
20 North Michigan Ave
Suite 400
Chicago, Illinois 60602
+1 312 456 7067 Tel
+1 312 456 0054 Fax
+1 312 307 6420 Cell
Michael Tobin
Managing Director
CBRE, Inc.
Development Management Services
January 26, 2018
Catherine Czerniak
Director of Community Development
800 Field Drive
City of Lake Forest, Illinois 60045
Re: City of Lake Forest Request for Consulting Services to Review Hotel Developers’
Requests for Economic Incentives
Dear Cathy,
Is it always nice to hear from you. I am flattered that my name came up in your recent
discussions with Bob. We are, of course, happy to assist you and Lake Forest in evaluating the
requests for economic incentives for the two proposed hotel developments. Our goal will be to
provide you with an analysis that will help you present the requests to the City Council for its
review and action.
Based upon our discussion the other day, our work will consist of the following general
activities:
1. Analyz e the two projects
a. overall development pro formas,
b. the costs of the development components,
c. the economic return projections to the developers,
d. and the reasonableness of the amount of the economic assistance in the form of
various tax rebates that have been requested by the developers.
2. We will also compile a market summary showing economic assistance provided by
nearby communities for hotel developments within their jurisdictions. This should assist
Lake Forest by providing additional context for the requests and assist us in developing
appropriate benchmarks for the economic incentive requests.
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Consulting Services Proposal for Hotel Development Incentives Advisory
January 26, 2018
2
3. Preliminary meetings with the development teams to fully understand their projects and
economic drivers for the successful completion of each project.
4. Meetings/ phone calls with the City staff and/ or elected officials to explore concepts and
devise a framework plan for economic assistance
5. Provide recommendations regarding an appropriate economic assistance proposal for
negotiations with the two developers.
6. Preliminary discussions with the development teams regarding economic assistance
plans.
7. If requested, not more than two meetings with the City Council in executive session to
review our findings and recommendations.
For both the Janko Group and Pendulum Lake Forest Partners projects, we will need copies of
the site and development plans for the projects, the detailed economic pro formas that have been
prepared by the developers and the construction cost estimates with back-ups for the budgets.
If ultimately needed, the full breadth of resources of CBRE, can be made available as additional
services.
I will be the primary point of contact for this assignment. Nicholas Epstein, who is a part of our
Advisory Services division, will also be working with me providing market research
investigation and other services as needed. Depending upon the final scope of work you may
need, I have also included Marty Stern and Jim Hurst as possible additional team members to
assist us. We will bill for our work on an hourly basis as shown in the chart below. Providing a
budget estimate for this project is more difficult than for our previous assignments for Lake
Forest, in that, accomplishing the task at hand is a more opaque, open-ended assignment. Our
best estimate is that it will cost at most in the range of $25,000 - $30,000 to complete the scope
described above. As always, since we are billing for time spent, only, you will have the ability to
assess how much time you need, and want, us to spend on the project. We have not included in
our initial scope of work negotiations with the two development teams on behalf of the City, but
can certainly do so if you wish. I believe we have included in our estimate of cost enough time to
have preliminary discussions with the development teams regarding the business structure of a
deal that would be beneficial to both you and the developers, but any extended or protracted
negotiations would, obviously, require more time than we have included in this estimate.
The chart below sets the rate we anticipate being utilized for this assignment, and we will send
itemized invoices that identify the people, hours and tasks performed for this project.
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Consulting Services Proposal for Hotel Development Incentives Advisory
January 26, 2018
3
Member of Project Team 2014 Standard
Hourly Rates Discounted Rates
Martin Stern $475.00 $427.50
Michael Tobin $350.00 $315.00
Nick Epstein $250.00 $225.00
James Hurst $100.00 $90.00
We thank you, Bob Kiely and the City of Lake Forest for the opportunity to work with you on
this assignment.
Please sign a copy of this letter and return to me as authorization for us to proceed with the work.
Please let me know if you have any questions.
Very truly yours,
CBRE, Inc. Accepted:
Michael Tobin By: __________________________
Managing Director – Development Services Date: _________________________
(312) 456-7067
michael.tobin@cbre.com
Cc: Robert Kiely – City of Lake Forest
Nicholas Epstein - CBRE
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