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CITY COUNCIL 2018/04/02 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, April 2, 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 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 approximately 7:00pm REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Eleventh Annual Deer Path Art League Emerging Artists Awards -Jillian Chapman, Creative Director 2. COMMENTS BY CITY MANAGER 3. COMMENTS BY COUNCIL MEMBERS A. Alderman Rummel -Lake Forest City Code Suggestions 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1 Monday, April 2, 2018 City Council Agenda 1. Approval of the March 19, 2018 City Council Meeting Minutes A copy of the minutes can be found on page 15. COUNCIL ACTION: Approval of the Minutes. 2. Approval of the Check Register for Period of March 10-23, 2018 STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on the City treasury for the payment of all sums due from the City (including all warrants relating to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments which denotes the person to whom the warrant is payable. The warrant list detail of invoice payments shall be presented for review to the Chairperson of the City Council Finance Committee for review and recommendation. All items on the warrant list detail recommended for payment by the Finance Committee Chairperson shall be presented in summary form to the City Council for approval or ratification. Any member of the City Council shall, upon request to the City Manager or Director of Finance, receive a copy of the warrant list detail as recommended by the Finance Committee Chairperson. The City Council may approve the warrant list as so recommended by the Finance Committee Chairperson by a concurrence of the majority of the City Council as recorded through a roll call vote. The Council action requested is to ratify the payments as summarized below. The associated payroll and invoice payments have been released during the check register period noted. Following is the summary of warrants as recommended by the Finance Committee Chairperson: Invoice payments in All Other Funds includes a $406,228 payment related to the Water Treatment Plant improvements. Fund Invoice Payroll Total 101 General 179,419 542,714 722,133 501 Water & Sewer 29,609 63,225 92,833 220 Parks & Recreation 48,730 144,904 193,634 311 Capital Improvements 80,643 0 80,643 202 Motor Fuel Tax 0 0 0 230 Cemetery 3,712 7,111 10,823 210 Senior Resources 1,900 9,642 11,542 510 Deerpath Golf Course 1,196 999 2,195 601 Fleet 28,352 20,993 49,344 416 - 433 Debt Funds 250 0 250 248 Housing Trust 0 0 0 201 Park & Public Land 4,881 0 4,881 All other Funds 439,516 78,007 517,523 $818,207 $867,593 $1,685,801 Check Register For Period March 10 - 23, 2018 2 Monday, April 2, 2018 City Council Agenda COUNCIL ACTION: Approval of the Check Register for March 10-23, 2018. 3. Approval of an Arbor Day Proclamation A copy of the Proclamation can be found on page 20. COUNCIL ACTION: Approval of the Proclamation 4. Approval of an Ordinance Abating the 2017 Tax Levy for the General Obligation Bond Issue, Series 2017 (First Reading and if desired by the City Council, Final Approval) STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff recommends first reading and final approval of an Ordinance abating the 2017 Tax Levy associated with the General Obligation Bond Issue, Series 2017. BACKGROUND/DISCUSSION: The proposed Ordinance provides for the abatement of 2017 taxes levied for the 2017 GO Bonds issued for the Water Treatment Plant capital improvements. The tax levies for all bond issues are established and recorded with the County Clerk at the time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement ordinance must be approved and filed with the County Clerk. Debt service abatement ordinances approved by the City Council in December 2017 inadvertently omitted the abatement for the 2017 GO Bond Issue. The proposed Ordinance can be found on page 21. BUDGET/FISCAL IMPACT: Adoption of the proposed Ordinance will reduce the 2017 property tax levy as was intended at the time the bonds were issued. Debt service in FY2019 will be budgeted in the Water Utility Fund from water and sewer operating revenues. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance abating the 2017 tax levy for the General Obligation Bond Issue, Series 2017. 5. Award of Bid to replace the flooring in the Recreation Department Fitness Center STAFF CONTACT: Jason Busdeker, Facility Manager (847-810-3934) PURPOSE AND ACTION REQUESTED: The Parks and Recreation Board and Staff is requesting approval of an expense of $67,240 to replace the carpeted floor within the Fitness Center with a Mondo rubberized flooring. BACKGROUND/DISCUSSION: The current carpet was installed in the Fitness Center in 2007. Since the original installation, numerous carpet squares have been replaced due to damage, stains or noticeable discoloration due to high volume of traffic within the Fitness Center on a 3 Monday, April 2, 2018 City Council Agenda daily basis. The carpet replacement has been postponed each of the past 3 years to allow for other projects to be funded. Staff would like to replace the 1Ft x 1Ft carpet squares within the Fitness Center with a Mondo flooring. Mondo flooring is a rubberized material that is nonporous which allows staff to maintain the cleanliness more efficiently compared to the carpet. Currently, the Fitness Center is closed up to 3 days to remove the cardio equipment and allow the carpets to be shampooed requiring up to 24 hours of drying time. This process is labor intensive on the staff and disruptive to the Fitness Center members. During the winter months, the carpet gets very dirty from people tracking in salt, snow and other debris that gets stuck to their shoes. The Mondo flooring will be able to be kept cleaner on a more regular basis as it would be able to be wet mopped several times each week with minimal drying time compared to shampooing the carpet one time annually. The Mondo will also have less of an impact on the members when the Fitness Center is closed for Annual Maintenance Week. Mondo flooring has a useful lifespan of 20+ years which is 2-3 times longer than carpet. Staff conducted site visits of facilities that currently have the Mondo flooring in their facilities. The sites included Chicago Bears’ Halas Hall, Park District of Highland Park, Buffalo Grove Park District and Libertyville Sports Complex. The Facilities in Buffalo Grove and Libertyville have both had their flooring for 17-18 years each. In speaking with staff from all of the visited facilities, they were all very pleased with the performance of the floor and the ease of cleaning. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Park & Recreation Board 3/20/18 Reviewed & Approved BUDGET/FISCAL IMPACT: Similar to the National IPA, staff is requesting approval to purchase the Fitness Center’s flooring through the National Joint Powers Alliance’s vendor, Mondo USA. 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. If approved by City Council, the Mondo flooring will be ordered and scheduled to be installed in August 2018 in conjunction with our annual maintenance week. Below is an estimated summary of Project budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Park & Recreation Department Operating Budget $40,000 $40,000 Y Special Recreation Budget $27,240 $27,240 Y 4 Monday, April 2, 2018 City Council Agenda COUNCIL ACTION Award of Bid to replace the flooring in the Recreation Department Fitness Center to Mondo USA in the amount of $67,240. 6. Award of contract for The City of Lake Forest to join the Municipal Partnership Initiative (MPI) Crack Sealing contract for 2018. STAFF CONTACT: Robert Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff requests approval of a one year extension of the 2017 MPI Crack Sealing Project with Patriot Pavement Maintenance for the 2018 MPI Crack Sealing Project. BACKGROUND/DISCUSSION: Cracks in pavements allow moisture to penetrate the surface causing premature pavement material failure. To minimize the water infiltrating the pavement base, crack sealing with a hot sealant is required. Crack sealing is a practical and cost effective measure and is an essential part of a good pavement maintenance program. City staff has previously briefed the City Council on MPI, a program that takes advantage of economies of scale, for securing low bid prices, among neighboring municipalities who bid similar projects each year. This year, the City will again join forces with nine other neighboring communities in the MPI Crack Sealing contract. In 2018, the City plans to do approximately 50,000 feet of crack sealing. This project was competitively bid in 2016 under the Municipal Partnering Initiative. The contract allowed for three option years if recommended by the Municipal Partners. BUDGET/FISCAL IMPACT: This is the last option year included in the original 2016 contract. Per the terms of that contract, pricing will increase by $0.02/L.F. in each option year, the MPI contract will be rebid next year. If awarded, work on this project is expected to be completed in one week’s time. Upon award of the contract, The City will meet with the contractor to develop a schedule for the execution of work. Engineering staff will provide daily oversight and inspections of the crack sealing. The City’s website, under “Construction Updates”, will also provide details of the work schedule. Below is an estimated summary of the project budget: FY2019 Funding Source Account Budget Amount Requested Budgeted? Y/N Capital Fund $30,000 $30,000 Y All communities are recommending extending their portion of the contract to Patriot Pavement Maintenance at their respective Council/Board meetings. They have worked in Lake Forest on previous contracts with satisfactory results. COUNCIL ACTION: Staff recommends City Council award the 2018 MPI Crack Sealing contract to Patriot Pavement Maintenance in the amount of $30,000. 5 Monday, April 2, 2018 City Council Agenda 7. Award of the 2018 Concrete Streets, Curb, and Sidewalk Replacement Project. STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff recommends awarding the 2018 Concrete Streets, Curb, and Sidewalk Replacement Project to D’Land Construction. BACKGROUND/DISCUSSION: This project is a combination of the Sidewalk Replacement program and Concrete Streets Patching program. The Sidewalk Replacement program is an annual program that replaces hazardous and deteriorated sections of sidewalk and curb and gutter. The Concrete Streets Patching program is an annual program that replaces damaged and deteriorated sections of concrete road pavement. Based on the concrete streets survey, the City Sidewalk Survey and requests for replacement of concrete sidewalk and curb from residents and businesses, the Engineering staff prioritizes the locations for replacement based on the severity of their condition on an annual basis. BUDGET/FISCAL IMPACT: Bids for the 2018 Concrete Streets, Curb, and Sidewalk Replacement Project contract were received and opened on March 8, 2018. A total of six (6) firms bid the project. The following is a summary of the bids received: BIDDER TOTAL MPI BID D’Land Construction, LLC $299,645.50 Schroeder & Schroeder, Inc. $316,352.00 Rai Concrete, Inc. $317,358.50 DiNatale Construction Inc. $339,537.25 Globe Construction $549,678.00 Alliance Contractors Inc. $607,549.75 D’Land Construction has worked in Lake Forest on previous contracts with satisfactory results. If awarded, work on this project is expected to begin in June and be completed by the end of August. Property owners living near the vicinity of the construction work will be notified in advance of the start of construction. The City’s Engineering staff will provide oversight through daily inspections. Below is an estimated summary of Project budget: 6 Monday, April 2, 2018 City Council Agenda FY2019 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund $305,000 $305,000 Y COUNCIL ACTION: Staff recommends awarding the 2018 Concrete Streets, Curb, and Sidewalk Replacement Project contract, to D’Land Construction LLC for a not-to-exceed amount of $305,000.00. 8. Award of the Lake Forest portion of the Municipal Partnership Initiative (MPI) 2018 Joint Sewer Lining Project contract. STAFF CONTACT: Robert Ells, Superintendent of Engineering (810-3555) PURPOSE AND ACTION REQUESTED: Staff requests approval of a one year extension of the 2017 Joint Sewer Lining Project with Hoerr Construction for the 2018 MPI Joint Sewer Lining Project. BACKGROUND/DISCUSSION: The City maintains approximately 139 miles of mainline sanitary sewer and 219 miles of storm sewer throughout the City. The pipe material that was predominantly used in the past to construct the sewers was a clay material. The clay pipes are most susceptible to deterioration from natural elements and root intrusions resulting in broken pipes and leaking joints. With a deteriorated pipe, the functionality of the pipe to carry the flows is compromised thereby creating surcharges and/or backups. This reconstruction technique is done without the expensive and disruptive excavation process. The process provides for the insertion of a special liner inside the pipe, creating a new smooth-surfaced, long-lasting pipe within the old sewer. This project was competitively bid in 2017 under the Municipal Partnering Initiative (MPI ) with Mundelein and Highland Park. The contract allowed for three option years if recommended by the Municipal Partners. BUDGET/FISCAL IMPACT: If approved, this will be the 2nd option year on this contract. The 2018 contract unit prices will increase 1.7% over last year for the 2018 contract per the terms of the 2017 contract. Below is an estimated summary of Project budget: FY2017 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund (Storm) 508-0001-434-67-46 $100,000 $100,000 Y Water and Sewer (Sanitary) 311-0050-417-67-25 $272,000 $272,000 Y All three communities are recommending extending their portion of the contract to Hoerr Construction at their respective Council/Board meetings in the next few weeks. They have worked in Lake Forest on previous contracts with satisfactory results. 7 Monday, April 2, 2018 City Council Agenda COUNCIL ACTION: Staff recommends City Council approval to exercise the option to extend the Lake Forest portion of the 2017 Joint Sewer Lining Project contract for one year for a not- to-exceed amount of $372,000. 9. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. 792 Morningside Drive - The Building Review Board recommended approval of demolition of the existing residence and approval of a replacement residence, attached garage and the associated site and landscape plans. The Preservation Foundation submitted testimony in support of the project. No other public comments were presented to the Board. (Board vote: 6-0, approved) 653 Rockefeller Road - The Building Review Board recommended approval of a building scale variance to allow construction of a second floor infill addition. One neighbor spoke in favor of the project and requested that disruption to the neighborhood be minimized during construction to the extent possible. (Board vote: 6-0, approved) Amberley Woods Courtyard Homes (Amberley Court) - The Building Review Board recommended approval of modified designs, massing and exterior materials for homes in this development. The modifications are intended to reduce the size of the homes slightly and adjust the price points to better meet the market. Two neighbors offered testimony in support of the petition and asked that careful attention be paid to assure that the exterior materials remain generally consistent with the prior approvals and existing homes. The Board confirmed that the majority of the exterior materials will remain consistent with the prior approvals. (Board vote: 6-0, approved) The Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 22. The Ordinances, complete with all exhibits, are available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances in accordance with the Building Review Board’s recommendations. 10. Approval of the Intergovernmental Agreements with The Department of The Army, The City of Highland Park, Village of Deerfield, East Skokie Drainage District and Lake County Stormwater Management Commission to evaluate the watersheds of the Middlefork and Skokie River of the North Branch of the Chicago River and the Authorization for the City Manager to execute required agreements. STAFF CONTACT: Robert Ells, Superintendent of Engineering (810-3555) PURPOSE AND ACTION REQUESTED: The Public Works Committee and City Staff are requesting City Council approval of the Intergovernmental agreements with The Department of The 8 Monday, April 2, 2018 City Council Agenda Army, The City of Highland Park, Village of Deerfield, East Skokie Drainage District and Lake County Stormwater Management Commission to provide to evaluate the watersheds of the Middlefork and Skokie River of the North Branch of the Chicago River. BACKGROUND/DISCUSSION: The City of Lake Forest has been working with Lake and Cook Counties, Illinois Department of Natural Resources and the US Army Corps of Engineers (ACOE) on a long-term flood mitigation solution following several floods that effected parts of Lake Forest and many of the communities throughout the region. The mitigation solution would be effective for the residents of Lake Forest and other area residents who live along the Skokie and Middle Fork Rivers. A comprehensive regional study is necessary to identify opportunities to mitigate flooding occurring in the community. The Skokie and Middle Fork Rivers are under the jurisdiction of ACOE, the Federal agency responsible for waterway-related capital projects, and flows through Lake and Cook Counties. Part of a preliminary study to be undertaken by ACOE is to determine if a feasibility study is required that will entail a flood protection solution for all communities along the river. If a final feasibility study is undertaken, the potential solutions could result in a combination of storage basins, retaining walls, pump stations, buy-outs, and other measures. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 03/19/18 Reviewed Public Works Committee 03/8/18 Reviewed & Approved BUDGET/FISCAL IMPACT: The City has partnered with The City of Highland Park, Village of Deerfield, East Skokie Drainage District and Lake County Stormwater Management Commission to work on this preliminary study. The preliminary study costs are split 50-50 with ACOE providing 50% of the costs and non-federal agencies providing the remaining 50%. The cost breakdown and agreements can be found on page 73 of your packet. Below is an estimated summary of the project budget: FY2019 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capital Fund 101-3747-417-35-10 $60,000 $6,624 N COUNCIL ACTION: Approval of the Intergovernmental Agreements with The Department of The Army, The City of Highland Park, Village of Deerfield, East Skokie Drainage District and Lake County Stormwater Management Commission to evaluate the watersheds of the Middlefork and Skokie River of the North Branch of the Chicago River and the authorization for the City Manager to execute required agreements COUNCIL ACTION: Approval of the ten (10) Omnibus items as presented 9 Monday, April 2, 2018 City Council Agenda 6. 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. (Final Approval of the Ordinances) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: 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. The site is located on the west side of Waukegan Road, north of Gloucester Crossing. BACKGROUND AND DISCUSSION: Activity to Date On January 16, 2018, the City Council heard a presentation on this petition and after deliberation, approved first reading of the ordinances and directed: 1) that final Council consideration of the petition be deferred to a meeting at which all aldermen are in attendance, and 2) that the Legal Committee review and advise the Council on the legal aspects of the petition. As directed, the Legal Committee reviewed the matter and a summary of the Committee’s discussion was presented to the City Council in Executive Session. The entire review process to date for this petition is detailed below. REVIEWS TO DATE Reviewing Body Date Action City Council – Executive Session 2/20/2018 Legal Committee recommendation presented to the Council. Legal Committee 2/13/2018 Considered legal aspects of the petition and reviewed the applicable SUP criteria. City Council 1/16/2018 Approved first reading of two Ordinances. Plan Commission 12/13/2017 Public Hearing closed. Recommendation in support of the petition was forwarded to the City Council subject to conditions. Vote: 6 to 0 Building Review Board 11/1/2017 Public Hearing closed. Recommendation forwarded to the City 10 Monday, April 2, 2018 City Council Agenda Council subject to conditions of approval. Vote: 6 to 0 Plan Commission 9/20/2017 Public Hearing Continued. Commission continued the petition and directed further study and refinement of the site and building design to achieve greater compatibility with the adjacent commercial development, to enhance the adaptability of the building for future uses and to improve pedestrian connectivity in the area. The petition was directed to the Building Review Board. Additional traffic count information was requested. Plan Commission 8/9/2017 Public Hearing Opened. Commission continued the petition to allow further consideration of the petition with respect to the applicable criteria, the appropriateness of another bank in the area and further deliberation on the traffic counts and overall site plan. Background The new bank branch is proposed to be constructed at 884 S. Waukegan Road, which until recently, was the site of a McDonald’s restaurant. Demolition of the existing building is proposed followed by construction of a new building, specifically designed for this site, in approximately the same footprint 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 to support and encourage pedestrian activity between businesses in the area. The Plan Commission heard testimony both in opposition to and in support of the petition. Several residents voiced a preference that McDonald’s remain 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 site and is expected to attract employees and customers who will support existing and new 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. The petitioner agreed to provide bike racks on the property and maintain a low light level on the site as requested by some nearby residents. Consistent with the Code, the building is designed to lend itself to other uses in the future; retail, food service businesses or offices. Written correspondence received throughout the process was previously made available to the City Council. 11 Monday, April 2, 2018 City Council Agenda The Ordinances detailing the conditions of approval, the site plan and building elevations are included in the Council packet beginning on page 97. The site plan, building elevations and landscape are exhibits to both Ordinances, to avoid duplication, these documents are only included once in the Council packet. Additional background is also included in the Council packet following the Ordinances. The complete Board and Commission packets were previously made available to the Council. BUDGET/FISCAL IMPACT: In recognition of the fact that a bank at this location, rather than a restaurant or retail use, will result in the loss of sales tax revenues, the property owner proposes a one-time payment to the City in the amount of $150,000. The proposed amount replaces more than five years of retail sales tax revenues generated by the prior use. The payment is intended to support maintenance of infrastructure, landscaping and amenities in the area. The proposed payment is set forth in a recent letter to the Mayor and referenced in the Special Use Permit Ordinance. The planned investment into the property is expected to increase the value of the property resulting in increased property taxes from the site benefitting the City, local school districts and other taxing bodies. COUNCIL ACTION: If determined to be appropriate by the City Council, grant final approval of an Ordinance approving a Special Use Permit authorizing Chase Bank and an associated ATM drive thru at 884 S. Waukegan Road and approving the overall redevelopment plan for the property as recommended by the Plan Commission. AND If determined to be appropriate by the City Council, grant final approval of an Ordinance approving the Chase Bank petition in accordance with the Building Review Board’s recommendation. 7. NEW BUSINESS 1. Consideration of a Resolution Restating and Reaffirming the City’s Opposition to the Chicago-Milwaukee Intercity Passenger Rail Corridor Proposal and Reaffirmation of the City’s Request for an Environmental Impact Statement STAFF CONTACT: Robert Kiely, City Manager (847-810-3675) BACKGROUND AND DISCUSSION: At the March 19, 2018 City Council meeting, Alderman Rummel addressed the City Council on observations she had following the March 12 public forum held by the Village of Glenview on the proposed third track issue along the Milwaukee District North Line. She noted that the Village and its residents seemed to be more aligned on the issue than in Lake Forest, despite the many past actions of Lake Forest City Councils. Upon her recommendation, the City Council approved a motion to direct staff to draft a resolution for City Council consideration at tonight’s meeting. The proposed resolution would restate all the past actions of Lake Forest City Council’s and reaffirm the community’s concern with the public health, safety and welfare arising from the proposed improvements setforth in the draft EA issued in October, 2016. The resolution should also reaffirm the call by the affected communities as well as our congressional leaders to have the FRA require a full EIS be conducted as part of the NEPA process. 12 Monday, April 2, 2018 City Council Agenda BUDGET/FISCAL IMPACT: N/A Attached beginning on page 128 is a draft resolution for City Council consideration. COUNCIL ACTION: Consideration of a Resolution Restating and Reaffirming the City’s Opposition to the Chicago-Milwaukee Intercity Passenger Rail Corridor Proposal and Reaffirmation of the City’s Request for an Environmental Impact Statement 2.Consideration of a Resolution Directing and Initiating an Update to the City’s Comprehensive Plan. (Approve by Motion) PREENTED BY: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The Council is asked to approve a Resolution to initiate an overall review and update of the City’s Comprehensive Plan. The Plan was last re-adopted in 1998, several limited amendments have been made to the Comprehensive Plan since that time. The proposed update will continue the City’s long tradition of careful planning, provide guidance on development related matters, and will position the City well for the future. BACKGROUND AND DISCUSSION: The Comprehensive Plan is the guiding document for the City with respect to land use and development and looks forward 20 years in an effort to establish a framework for important community decisions. Land use patterns are fundamental to decisions about how services are delivered, infrastructure, parks and public facilities. In addition, a strong and forward thinking Comprehensive Plan supports the vitality of business districts, provides opportunities for a mix of housing types, recognizes local institutions and not for profit entities as important components of the community’s fabric, protects property values, and serves to preserve the community’s distinctive character and quality of life. The Comprehensive Plan is intended to assure that decisions are based on careful deliberation, factual data and focused on the long term, rather than on short term trends. In accordance with the City Code, the Plan Commission is charged with conducting public hearings and forwarding recommendations to the City Council in the form of a draft Comprehensive Plan update. As planned, the update process will offer numerous opportunities for public input and involvement through workshops, small group discussions and public forums even before formal public hearings before the Plan Commission get underway. Residents, business owners, commercial property owners, representatives of local institutions, subject matter experts and other interested parties will be invited to participate in the process. Regular updates on the progress of the update will be provided to the City Council. The attached Resolution directs City staff to initiate the Comprehensive Plan update and directs the Plan Commission to conduct public hearings on proposed amendments as they are drafted, and forward recommendations to the Council, all in accordance with the City Code. The Resolution is included in the Council packet beginning on page 131. 13 Monday, April 2, 2018 City Council Agenda BUDGET/FISCAL IMPACT: Funding to support the Comprehensive Plan update is included in the current budget and in the proposed budget for the upcoming year for a total of $75,000. The funding would support a phased update process over an 18 to 24 month period. Contracts for any consultants engaged to support the update process will be brought before the City Council for review and approval. COUNCIL ACTION: Approve a motion in support of a Resolution directing City staff and the Plan Commission to undertake an update to the Comprehensive Plan 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9. ADJOURNMENT Office of the City Manager March 28, 2018 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 14 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, March 19, 2018 City Council Meeting - City Council Chambers Motion to Appoint Alderman Tack as Acting Mayor The City Clerk called for a motion to appoint Alderman Tack as Acting Mayor. Alderman Beidler made a motion to appoint Alderman Tack as Acting Mayor, seconded by Alderman Moreno. Motion carried unanimously by voice vote. CALL TO ORDER AND ROLL CALL: Acting Mayor Tack called the meeting to order at 6:34pm, and the City Clerk, Margaret Boyer called the roll of Council members. Present: Alderman Beidler, Alderman Morris, Alderman Rummel, Alderman Tack, Alderman Moreno and Alderman Buschmann. Absent: Honorable Mayor Lansing, Alderman Newman and Alderman Reisenberg. 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; 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 15 persons present in the Council Chamber. CALL TO ORDER AND ROLL CALL 6:34pm PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Acting Mayor Tack stated in order to ensure completion of all City business, item #4, OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS will be deferred to after item #7, NEW BUSINESS. A. Announcement of the Eighth Recipient of The Lawrence R. Temple Distinguished Public Service Award -George A. Pandaleon Acting Mayor Tack introduced former Mayor and Chairman of the Public Service Award Committee, Jim Cowhey. Chairman Cowhey gave a brief background on the award and announced that George Pandaleon had been chosen as the eighth recipient. He then read the Lawrence R. Temple Distinguished Public Service Award and presented it to George Pandaleon. Mr. Pandaleon remarked that he was honored to be given this award and to serve The City of Lake Forest. He thanked his wife Peggy for all her support during his years of service and encouraged people to get involved in their community. 15 Proceedings of the Monday, March 19, 2018 Regular City Council Meeting- COMMENTS BY CITY MANAGER A. Vehicle Sticker/Parking Permit/Animal License Renewals -Elizabeth Holleb, Finance Director Finance Director Elizabeth Holleb reported that the City will be working with a new vendor for vehicle stickers, parking permits and animal license renewals. The new vendor will save the City a projected $46,000 per year. She reported that it is anticipated that applications will be mailed and the online system will be available the week of March 19. Vehicle stickers are to be displayed by May 1, 2018. Ms. Holleb showed how to access the system via the home page on the City’s website. Residents can call the dedicated number if they have any questions 847-810-3631. The City Council had discussion on the anticipated mail date and any grace period for displaying the stickers. B. Police Advanced Resources -Karl Walldorf, Chief of Police Chief of Police Karl Walldorf gave a presentation and a detailed overview of over a dozen advanced resources that the Lake Forest Police Department has via intergovernmental agreements. The City Council had discussion on the functions of different agencies, manpower and applauded the Police Department for efforts made through the intergovernmental agreements. COMMENTS BY CITY COUNCIL MEMBERS Acting Mayor Tack introduced Ramesh Kanapareddy, Director of Public Works, Highland Park PUBLIC WORKS COMMITTEE 1. Army Corps Of Engineer Study Follow up and Future Inter-Governmental Agreement -Ramesh Kanapareddy, Director of Public Works, Highland Park BACKGROUND INFORMATION: Planning Assistance Study - North Branch of Chicago River – Middle Fork and Skokie Rivers Mr. Kanapareddy reported that the purpose of this study is to evaluate the watersheds of the Middle Fork and Skokie River (East Fork) of the North Branch of the Chicago River. This study will evaluate economic damages in order to provide a better understanding of the problem and determine the potential for future flood risk management efforts. He stated that communities in both Lake and Cook Counties, along with Illinois Department of Natural Resources, Lake County SMC and the affected drainage districts are partnering with The US Army Corps of Engineers with the goal of completing a comprehensive regional study to identify opportunities to mitigate flooding. The City Council had discussion on flood plains, models and assumptions. Mr. Kanapareddy reported that the IDNR will be providing more recent data related to rainfall that can be incorporated in the model. COUNCIL ACTION: For information only Acting Mayor Tack introduced Dan Martin, Superintendent of Public Works. 2. Award of Bid for a Pre-Owned Horizontal Directional Boring Machine for the Streets Section Gas Light LED Conversion Program Included in the FY2019 Capital Improvement Budget. 16 Proceedings of the Monday, March 19, 2018 Regular City Council Meeting- Mr. Martin reported that the Public Works Committee approved the Horizontal Directional Boring machine for the Streets Section to be used for replacing 431 street lights. The directional boring machine is a key piece of equipment to enable the Streets Section’s workforce to install the electrical infrastructure necessary to convert the gas lights to LED lighting. The City sent out 70 bids nationwide and received 2 bids in return. The lowest bidder sold the machine without explanation and it is now staff’s updated recommendation is to request City Council approve the lowest responsive and responsible bidder, Vermeer Midwest. Vermeer has agreed to hold the machine until May 1 as part of the FY19 Budget. Acting Mayor Tack asked if there was anyone from the public who would like to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Award of bid to the lowest responsive and responsible bidder, Vermeer Midwest, for a pre-owned horizontal directional boring machine in the amount of $65,000. Alderman Reisenberg made a motion to award of bid to the lowest responsive and responsible bidder, Vermeer Midwest, for a pre-owned horizontal directional boring machine in the amount of $65,000, seconded by Alderman Beidler. The following voted “Aye”: Aldermen Beidler, Morris, Rummel, Tack, Moreno and Buschmann. The following voted “Nay”: None. 6- Ayes, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS This item was moved following item #7. The following persons offered their opinions to the City Council: David Mattoon, 1547 N Sheridan Road, Lake Forest Tom Sarsfield, Lake Forest JoAnn Desmond, 1681 Yale Ct, Lake Forest ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the February 20, 2018 City Council Meeting Minutes 2. Approval of the Check Register for Period of January 27 – March 9, 2018 3. Approval of Funding for a Comprehensive Parks and Facilities Master Plan Project Jointly with the Friends of Lake Forest Parks & Recreation Foundation 4. Approval of Change in terms for Vehicle, Pet and Parking Licenses/Permits Contract 5. Request City Council Approval to Waive the Bid Process and Award a Contract for the Water Plant Intake Cleaning Project Included in the FY2018 Capital Improvement Budget. 6. Award of Bid for the Replacement of a ½-Ton Pick-Up Truck for the Water & Sewer Section Included in the F.Y. 2019 Capital Equipment Budget 7. Award of Bid for the Replacement of a ¾-Ton Pick-Up Truck for the Parks Section Included in the F.Y. 2019 Capital Equipment Budget 8. Award of Bid for the Replacement of a 5-Yard Dump Truck for the Streets Section Included in the F.Y. 2019 Capital Equipment Budget 17 Proceedings of the Monday, March 19, 2018 Regular City Council Meeting- 9. Award of Bid for the Replacement of a ½-Ton Special Service Pick-Up Truck for the Police Department Included in the F.Y. 2019 Capital Equipment Budget 10. Request Approval to Participate in Lake County’s Rock Salt Bid to Purchase Salt for Winter 2018/2019 11. Request for City Council Approval of an Agreement to Provide Engineering Design for the portion of the Waukegan Road Sidewalk Replacement project between Rt. 176 and Middlefork Drive 12. Approval of a Resolution Accepting Sanitary Sewer Easement Agreements Related to the Winwood Drive Sanitary Sewer Improvement Project 13. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) 14. Consideration of a Recommendation from the Plan Commission in Support of a Plat of Condominium for a building under construction at 723 and 727 McKinley Road. (Approval by Motion) COUNCIL ACTION: Approval of the fourteen (14) Omnibus items as presented Acting Mayor Tack asked members of the Council if they would like to remove any item or take it separately. Seeing none, Acting Mayor Tack asked for a motion to approve the fourteen (14) Omnibus items as presented. Alderman Morris made a motion to approve the fourteen (14) Omnibus items as presented, seconded by Alderman Moreno. The following voted “Aye”: Aldermen Beidler, Morris, Rummel, Tack, Moreno and Buschmann. The following voted “Nay”: None. 6- Ayes, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES NEW BUSINESS Acting Mayor Tack read the item. 1. Consideration of proposed amendments to the approved January 16, 2018 City Council Minutes Alderman Buschmann stated that he is recalling his motion to amend the minutes with the understanding that the Councils’ minutes will be part of a broader topic discussion at a future City Council meeting. COUNCIL ACTION: If determined to be appropriate by the City Council, consider and approve amendments to the previously approved January 16, 2018 City Council minutes The motion was withdrawn. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 18 Proceedings of the Monday, March 19, 2018 Regular City Council Meeting- Alderman Rummel reported on a meeting she had with the City Manager and the Director of HR related to the current policy on the whistle blower and travel expense policy, and that discussion will take place at a future City Council meeting. She stated that the Council’s conflict of interest policy will come up at its April 2 meeting. Alderman Rummel also reported on a meeting held in Glenview on March 19, 2018 on the subject of opposition to the third track. Alderman Rummel reviewed the conclusions and thanked other Alderman and staff who were in attendance. A demonstration of where to find all information relating to the third track on the City of Lake Forest website was reviewed. She shared her concerns about the issue, and recapped a discussion that she had with the City Manager and Communications Manager on how the City can affirm itself in opposition of the third track. Alderman Rummel reviewed the City Councils actions to date and made a motion to direct staff to draft a Resolution restating and reaffirming the City’s concerns regarding the Chicago-Milwaukee Intercity Passenger Rail Corridor Draft Environmental Assessment. Alderman Rummel welcomed additional thoughts and comments. Alderman Rummel made a motion to direct staff to draft a resolution restating and reaffirming the City’s concerns regarding the Chicago-Milwaukee Intercity Passenger Rail Corridor Draft Environmental Assessment, seconded by Alderman Beidler. Motion carried unanimously by voice vote. The City Council had additional discussion, agreeing that the City should continue to voice its concerns. ADJOURNMENT There being no further business Acting Mayor Tack asked for a motion. Alderman Moreno made a motion to adjourn, seconded by Alderman Beidler. Motion carried unanimously by voice vote at 7:52p.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. 19 PROCLAMATION WHEREAS, Arbor Day will be officially observed in the State of Illinois on Friday, April 27, 2018, by proclamation of the Governor and the planting of trees on Arbor Day is a traditional activity throughout the State and The City of Lake Forest, and WHEREAS, Lake Forest, with its environment of natural areas, is particularly dedicated to the observance of this day and has consistency throughout its history enacted ordinances to preserve its trees and other natural assets, and WHEREAS, citizen groups, garden clubs, and private and public institutions have actively supported preservation efforts and the renewal of natural areas through tree planting and landscape projects, and WHEREAS, the celebration of Arbor Day 2018 in Lake Forest will include the distribution of Oak seedlings to students in public and private elementary schools, and Arbor Day 2018 will be celebrated throughout the day in programs at schools and other locations; and at Triangle Park (located at the intersection of Deerpath Rd & Washington Rd), on Friday, April 27th at 10:00 a.m., where the City’s official Arbor Day tree, one American Linden, will be planted, and WHEREAS, trees in our City, wherever they are planted, increase property values, enhance our business and residential areas, beautify our community, and are a source of joy to gladden the hearts and promote the environmental well- being of present and future generations, and WHEREAS, The City of Lake Forest has been recognized as Tree City USA for thirty- eight consecutive years by the National Arbor Day Foundation, NOW, THEREFORE, I, Robert Lansing, Mayor of The City of Lake Forest, do hereby proclaim Friday, April 27, 2018, as ARBOR DAY in The City of Lake Forest, and I urge all citizens to support efforts to protect our trees and woodlands, to support our City’s forestry program, to plant trees on this day, and to join in the celebration ceremonies. IN WITNESS HEREOF, I have hereunder set my hand and have had the Seal of The City of Lake Forest affixed this 2nd day of April, 2018. ________________________________ Robert T.E. Lansing, Mayor 20 AN ORDINANCE ABATING THE TOTAL TAX BEING LEVIED IN 2017 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE GENERAL OBLIGATION BONDS, SERIES 2017 BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 15th day of May 2017, authorize the issuance of General Obligation Bonds, Series 2017 in the amount of $9,295,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the General Obligation Bonds, Series 2017 Bond Fund from sufficient revenues collected from the City owned waterworks and sewerage system; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the General Obligation Bonds, Series 2017 due in fiscal year commencing May 1, 2018, therefore the total levy of the tax provided in the original bond ordinance passed May 15, 2017, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2017 Tax Levy of $271,152.50 hitherto provided for and levied in the ordinance providing for the issuance of $9,295,000 General Obligation Bonds, Series 2017 of The City of Lake Forest, Lake County, Illinois passed May 15, 2017. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2018 _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2018 _________________________________ Mayor ATTEST: ______________________________ City Clerk 2017 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 -1 INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTH BRANCH CHICAGO RIVER PAS SPONSORSHIP AGREEMENT Entered Into By, Between, And Among THE CITY OF HIGHLAND PARK And THE CITY OF LAKE FOREST And THE VILLAGE OF DEERFIELD And THE EAST SKOKIE DRAINAGE DISTRICT And THE LAKE COUNTY STORMWATER MANAGEMENT COMMISSION THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of this day of , 2018, by, between and among the CITY OF HIGHLAND PARK, an Illinois home rule municipal corporation (“Highland Park”), the CITY OF LAKE FOREST, an Illinois home rule municipal corporation (“Lake Forest”) the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation (“Deerfield”), the EAS T SKOKIE DRAINAG E DISTRICT, (“ESDD”) and the LAKE COUNTY STORMWATER MANAG EMENT COMMISSION, (“LCSMC”) (Highland Park, Northbrook, Lake Forest, Deerfield, ESDD, and LCSMC are collectively referred to in this Agreement as the “PAS Sponsors”), WITNESSETH: WHEREAS, the PAS SPONSORS have individually and collectively determined that portions of the North Branch Chicago River watershed within the jurisdictional boundaries of the PAS SPONSORS are subject to flooding; and WHEREAS, the PAS SPONSORS desire to collectively seek available state and federal grants and other funds that may be available to help defray the costs of the flood mitigation that are necessary to address flooding in the North Branch Chicago River watershed within the jurisdictions of the PAS SPONSORS; and WHEREAS, to achieve these and other related objectives, the PAS SPONSORS desire to continue to utilize the powers and authority granted to them, individually and collectively, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq.; the Local Land Resource Management Planning Act, 50 ILCS 805/1 et seq.; the home rule powers of the PAS SPONSORS; the Illinois Drainage Act, 70 ILCS 605/1 et seq.; and State Statute 55 ILCS 5/5-1062 enabling the LCSMC; and WHEREAS, the PAS SPONSORS have determined that they need to join together to create and establish the North Branch Chicago River PAS Sponsorship Agreement (“AGREEMENT”) by intergovernmental agreement to provide for a comprehensive and unified effort to identify and address local and regional flood mitigation concerns and issues; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues effecting this matter, each of the PAS SPONSORS has determined that it is in the best interests of its citizens and of the general public welfare that this AGREEMENT be executed and 73 -2 implemented by all of the PAS SPONSORS; and NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, and pursuant to all applicable statutes and local ordinances, specifically including, but without limitation, Article VII, Section 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; the Local Land Resource Management Planning Act, 50 ILCS 805/1 et seq.; the home rule powers of the PAS SPONSORS; the Illinois Drainage Act, 70 ILCS 605/1 et seq.; and State Statute 55 ILCS 5/5- 1062 enabling the LCSMC; the PAS SPONSORS do hereby enter into the following: INTERGOVERNMENTAL AGRE EMENT SECTION 1. RECITALS. The foregoing recitals are, by this reference, incorporated into and made a part of this AGREEMENT. SECTION 2. PURPOSE. This AGREEMENT is made for the purpose of establishing a collaborative equal proportionate cost share funding effort to most effectively and efficiently address common and necessary flood mitigation. This AGREEMENT is further intended to allow the PAS SPONSORS to jointly fund the proposed PAS study (“PAS Study”) of the Army Corps of Engineers, shown as Attachment A to this AGREEMENT. SECTION 3. ESTABLISHMENT AND ORGANIZATIO N. A. Formation of PAS Sponsorship Agreement. By this AGREEMENT, the PAS SPONSORS establish by contract the North Branch Chicago River PAS Sponsorship Agreement. B. Effective Date. This Agreement shall take effect, and the North Branch Chicago River PAS Sponsorship Agreement shall be established, as of the last date signed by the respective PAS Sponsors of this agreement. C. Duration. The PAS Sponsorship Agreement applies only to the PAS Study and shall continue until such time the PAS Study is completed, at which time this agreement shall cease and discontinue. If further collaborative work is proposed, a new agreement will be established at that time. D. Meetings. The PAS SPONSORS shall meet, at a minimum, quarterly, with a meeting notice sent to all PAS SPONSORS a minimum of 10 days ahead of each meeting date held. E. Additional PAS SPONSORS. Additional local government entities may be added as PAS SPONSORS to this Agreement (a) if approved by all existing PAS SPONSORS, and (b) upon the new Party’s execution and approval of this Agreement and adjustment of each Sponsor’s equal proportionate cost share percentage and copies of that delivered to the PAS SPONSORS. SECTION 4. GENERAL COOPERATION. A. The PAS SPONSORS acknowledge and agree to cooperate with each other in furtherance of the purposes, goals, and objectives of the PAS Sponsorship Agreement. 74 -3 Cooperation required by this Agreement specifically includes, but without limitation, the sharing and joint utilization by and among the PAS SPONSORS of information and other materials possessed or developed by the PAS SPONSORS, either individually or collectively, and necessary to investigate, identify, and otherwise document flood mitigation to be jointly addressed by the PAS Sponsorship Agreement. B. Upon or immediately after the Effective Date, the PAS Sponsors shall meet and select an individual Payor agent for any and all PAS Sponsors equal proportionate share payments of funds to be made as local cost share to the Army Corps of Engineers, or any other authorized Payee. Payor agent shall hold and maintain any Sponsor paid-in funds in a separate account which shall not be commingled with any other municipal, county, or district funds. SECTION 5. EXPENSES. A. Expenses. The PAS SPONSORS acknowledge and agree to equally share in PAS Study expenses on an equal proportionate percentage basis; using the formula (Cost ÷ number of PAS Sponsors = % share of expense); (i.e.; with 4 PAS Sponsors, cost share is 25% each; with 5 PAS Sponsors, cost share is 20% each; with 6 PAS Sponsors, cost share is 16.67% each; and so on). The PAS SPONSORS acknowledge and agree to utilize their respective staffs and resources, at no cost to the PAS Sponsors, but that those efforts, could be utilized as in-kind services upon approval by the PAS Sponsors and Army Corps. Any such required equal proportionate payment share shall be promptly and timely paid by each Sponsor to the Payor agent. For any payment(s) made by Payor agent to the Army Corps or others, the Payor agent shall provide each Sponsor with a copy of any such paid invoice or receipt. B. No Joint and Several Liability Among Sponsors. Each Sponsor shall be liable and responsible for its own equal proportionate percentage share of any and all approved costs and expenses. There shall be no joint and several liability among or between Sponsors for PAS Study costs and expenses. SECTION 6. WITHDRAWAL . A. Right to Withdraw. Any Party may withdraw as a Party of the PAS Sponsorship Agreement pursuant to the procedures in this Section. B. Procedures. A Party desiring to withdraw from the PAS Sponsorship Agreement shall deliver to the other PAS SPONSORS no later than 30 days before the intended effective date of withdrawal, a certified copy of an Ordinance or other legal instrument of its corporate authorities or board of directors determining to effectuate the Party's withdrawal from the PAS Sponsorship Agreement as of the date certain set forth in the Ordinance or legal instrument. C. Responsibility Upon Withdrawal. Any Party withdrawing from the PAS Sponsorship Agreement pursuant to Subsection B of this Section shall pay its share as determined in Subsection 5.D of this Agreement of any and all costs and expenses incurred by or on behalf of the PAS Sponsorship Agreement prior to the effective date of the Party's withdrawal and for which the Party remains responsible. If the Withdrawal of one or more PAS SPONSORS results in the dissolution and termination of the PAS Sponsorship Agreement pursuant to Subsection D of this Section, the withdrawing Party or PAS SPONSORS shall cooperate and participate in the dissolution and termination of the PAS Sponsorship Agreement and PAS Study. No other Sponsor shall be responsible for any of the withdrawing Sponsor’s equal proportionate share of the PAS Study costs and expenses prior to the effective date of that withdrawal. D. Dissolution and Termination. The PAS Sponsorship Agreement and PAS 75 -4 Study shall be dissolved and terminated (i) upon the effective withdrawal pursuant to this Section of one or more PAS SPONSORS so as to reduce the total number of PAS SPONSORS to fewer than three, or (ii) upon the written agreement of all of the PAS SPONSORS to this Agreement. SECTION 7. COMPLIANCE. The PAS SPONSORS agree to comply with all federal, state, county and municipal laws, ordinances, rules, regulations, and orders, and the rules, regulations, and orders of all duly constituted governmental agencies and authorities now in force, or which may hereafter be in force, respecting the procurement and receipt of state and federal funds and any other funds. SECTION 8. GENERAL PROVISIONS. A. Notices. All notices and other materials required to be delivered to the PAS Sponsorship Agreement shall be delivered to the Sponsor Contacts shown on the attached signatory page. All notices required to be delivered to any Party pursuant to this Agreement shall be in writing or email and shall be deemed delivered to each PAS Sponsor’s principal office and to the attention of the PAS Sponsor chief administrative official. B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or upon which any of the PAS SPONSORS is relying in entering into this Agreement. C. Severability. If any provision of this Agreement is construed or held to be void, invalid, or unenforceable in any respect, the remaining provisions of this Agreement shall not be affected thereby but shall remain in full force and effect. D. Interpretation. It is the express intent of the PAS SPONSORS that this Agreement shall be construed and interpreted so as to preserve its validity and enforceability as a whole. In case of any conflict among the provisions of this Agreement, the provision that best promotes and reflects the intent of the PAS SPONSORS shall control. E. Enforcement. Any individual Sponsor or any group of two (2) or more Sponsors may enforce the terms of this Agreement F. Amendments and Modifications. This Agreement shall not be modified, changed, altered, or amended without the duly authorized and written consent of each of the PAS SPONSORS by their respective corporate authorities or board of directors and pursuant to ordinances or other legal instruments duly adopted and approved by the Party's corporate authorities or board of directors. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved by the corporate authorities or board of directors of each of the PAS SPONSORS and properly executed in accordance with all applicable statutory procedures. G. No Third Party Beneficiaries. Nothing in this Agreement shall create, or shall be construed or interpreted to create, any third-party beneficiary rights. H. Execution. This Agreement shall be executed by all PAS SPONSORS in identical original duplicates and each of the duplicates shall, individually and taken together, constitute one and the same Agreement. IN WITNESS WHEREOF, the PAS SPONSORS have by their duly authorized officers and representatives set their hands and affixed their seals on the date first above written. 76 -5 [END OF TEXT - SIGNATURE PAGES FOLLOW] 77 -6 NORTH BRANCH CHICAGO RIVER PAS SPONSORSHIP AGREEMENT SIGNATURE PAGE ATTEST: THE CITY OF HIGHLAND PARK By: By: City Clerk City Manager Date ATTEST: THE VILLAGE OF DEERFIELD By: By: Village Clerk Village Manager Date ATTEST: THE CITY OF LAKE FOREST By: By: City Clerk City Manager Date ATTEST: THE EAST SKOKIE DRAINAGE DISTRICT By: By: Attorney Chairman Date ATTEST: STORMWATER MANAG EMENT COMMISSION By: By: Secretary Chairman Date 78 SCOPE OF WORK Evaluate the watersheds of the North Branch of Chicago River – Middle Fork and Skokie Rivers Under the authority of Section 22, Water Resources Development Act of 1974, as amended, Planning Assistance to States Program Local Sponsors: City of Highland Park Lake County Stormwater Management Commission East Skokie Drainage District City of Lake Forest Village of Deerfield March 21, 2018 79 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 8 Purpose The purpose of this study is to evaluate the watersheds of the Middle Fork and Skokie River (or East Fork) of the North Branch of the Chicago River. Recent flooding due to heavy rainfalls, notably in July and October of 2017, have prompted communities in these watersheds to seek a better understanding of the current conditions. This study will evaluate economic damages in order to provide a better understanding of the problem and determine the potential for future flood risk management efforts. This scope of work includes the preferred alternative agreed upon by the potential non-Federal sponsor(s). It includes updating hydrology with existing hydraulic models to be provided by the non-Federal sponsor(s). It also includes economic analysis in which HEC-FDA will be applied to an updated structure inventory based on data collected by the Illinois Department of Natural Resources (IDNR) and local communities. Once the hydrology is updated, it will be used to generate inundation maps to update the economic models and structure inventory. Completion of the study will allow stakeholders to develop future plans for addressing flood damages. Background The US Army Corps of Engineers (USACE) last studied the watershed in depth in the early 1980’s at the request of Lake and Cook Counties, who had recently completed a study of the Watershed Implementation Plan of the North Branch of the Chicago River. The study resulted in the construction of several reservoirs, but primarily focused on the West Branch. Since then, the North Branch of the Chicago River has not been evaluated in depth by USACE. State and local authorities have conducted more recent analyses. In 2009, Lake County Stormwater Management District and East Skokie Drainage District evaluated the Skokie River Watershed. In 2011, IDNR completed an investigation of two sites owned in part by the State of Illinois along the Middle Fork and Skokie River to determine the potential for future flood risk management efforts. The effort included more recent hydraulic modeling as well as an updated structure inventory. These efforts, as well as others, will be incorporated into the study detailed below. Objectives • Re-run available hydraulic models with updated hydrology • Develop a structure inventory • Construct HEC-FDA Study • Evaluate the baseline condition H&H Scope Description The updated hydrology and hydraulic analysis will be used in existing models to create water surface profiles and inundation maps for evaluation in the economic model. A secondary objective will be to evaluate whether the existing models provide a reasonable representation of real world conditions, or whether re-calibration of the hydrology model or development of a new 80 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 9 or updated hydraulic model would be expected to provide a better representation of current flood damages. This will be accomplished by comparing hydrologic model results from previous calibration against flow frequency analysis at available gage locations and any available high water marks or gage information relative to damage locations. Depending on the availability of projected precipitation data, a future condition scenario will also be developed. The existing hydraulic models for the Middle Fork and Skokie River will be used for analysis. Existing hydrology models include the FIS HEC-1 model and the HEC-HMS model developed by Metropolitan Water Reclamation District of Greater Chicago for the North Branch Chicago River – Detailed Watershed Plan. An updated hydrologic model will be developed using assumed values from IDNR’s forthcoming Bulletin 70. Routing reaches in the hydrology model will be used to represent overbank flood storage and attenuation. The only known hydraulic models available are the FIS HEC-2 models, as updated for previous efforts. The steady-state HEC-2 model includes detailed cross-sections and bridges, but does not include georeferenced model geometry necessary to develop inundation mapping. Key cross-section locations will used, along with the SFHA delineations, to estimate inundation areas for the economic modeling. Economic Analyses Scope Description The primary objective of the economic analyses is to evaluate the baseline condition to understand the frequency, severity, and location of flood damages anticipated within the study area. This evaluation will be performed using standard USACE methods and tools. The required work to perform this economic evaluation is broken into two tasks; data development (Develop Structure Inventory), and evaluation (Construct HEC-FDA Study & Perform Evaluation). The data development task consists of several sub-tasks required for collecting, manipulating, and combining information into the appropriate input files for the economic evaluation software. These sub-tasks include: (1) collecting parcel and assessor data (2) assigning damage categories and occupancy types (3) identifying damage reach delineations (4) assigning river stationing (5) assigning ground elevations (6) surveying structure elevations (7) compiling HEC-FDA input files These sub-tasks require the use of GIS and Excel to create the final text files. Based on the availability of digital structure information and generic depth-damage functions, the data development task can be performed on a wide range of inventory sizes without a significant change in overall effort. Utilizing GIS for the spatial data, the individual structure locations in reference to the source of flooding can be developed rather quickly. Excel is typically used to combine the spatial data with tabular and survey data. For a given structure it is important to identify the value, use, elevation (first floor and low entry), and location along the stream (river station). This information, along with a few other key descriptors, will be provided in the final input file. The evaluation task also consists of several sub-tasks required for estimating the annual expected 81 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 10 damages, as well as event-based damages. These sub-tasks include: (1) constructing new study in the current version of HEC-FDA (2) performing analysis and QA/QC (3) producing output files and summary data (4) creating damage maps The evaluation task requires both H&H and economic input files, then applies Monte Carlo simulation to evaluate the estimated impacts, accounting for the associated uncertainty with the inputs. Once the output files from this evaluation are developed, they can quickly be combined with the GIS files used to develop the inputs to produce damage maps. These maps, combined with damage estimates, can provide the basis for identifying potential flood risk management measures and alternatives. 82 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 11 Table 1: Proposed Study Tasks and Level of Effort Table 2: Preliminary Timeline Preferred Alternative Description Level of Effort Overall Task Sub-Task Hours Cost Cost6 H&H Utilize Existing Hydraulic Model and Create New Hydrology Model Update Hydrology Model (HMS)3 190 $22,800 Incorporate Projected Precipitation into Models3 32 $3,840 Georeference H&H Cross-Sections and Structures3 60 $7,200 Produce HEC-FDA H&H Input Files3 12 $1,440 Produce GIS Shapefiles (Inundation Maps, etc.)3 32 $3,840 Provide Maximum Inundation Area for Inventory Development3 2 $240 Perform Analysis and QA/QC Evaluation3 20 $2,400 Subtotal $41,760 Economics Develop Structure Inventory Collect Parcel Data for Structure Inventory (GIS & Assessor)1,3 28 $3,360 Assign Damage Categories & Occupancy Types3 12 $1,440 Identify Damage Reach Delinations3 12 $1,440 Assign River Stationing3 12 $1,440 Assign Ground Elevations3 12 $1,440 Survey Structure Elevations (FFE & Low Entry)3 36 $4,320 Compile HEC-FDA Input Files2,3 32 $3,840 Economics Construct HEC-FDA Study & Perform Evaluation Construct new study in current HEC-FDA version 20 $2,400 Perform analysis and QA/QC evaluation 20 $2,400 Produce output files and summary data 16 $1,920 Create damage maps 24 $2,880 Document Analyses Document analyses results, recommendations, assumptions, and uncertainties4 140 $16,800 Total Cost Estimate5 712 $66,240 1 Includes values, occupancy, elevations, etc. 2 Includes structures, riverine data, existing regulatory floodplain, and economic evaluation results 3 Denotes area for potential work in kind 4 Denotes area for shared effort dependent on work in kind performed in other areas 5 Includes 20% contingency 6Donates items provided by IDNR not included in the study cost 83 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 12 Task Month 1 2 3 4 5 6 7 8 9 Sign Agreement Data Collection Calibrate Existing Hydraulic Model Update Hydrology Model Perform H&H Analysis Develop Structure Inventory Construct HEC-FDA Model Perform Economic Evaluation Produce Final Report 84 SCOPE OF WORK Evaluate the watersheds of the North Branch of Chicago River – Middle Fork and Skokie Rivers Under the authority of Section 22, Water Resources Development Act of 1974, as amended, Planning Assistance to States Program Local Sponsors: City of Highland Park Lake County Stormwater Management Commission East Skokie Drainage District City of Lake Forest Village of Deerfield March 21, 2018 85 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 2 Purpose The purpose of this study is to evaluate the watersheds of the Middle Fork and Skokie River (or East Fork) of the North Branch of the Chicago River. Recent flooding due to heavy rainfalls, notably in July and October of 2017, have prompted communities in these watersheds to seek a better understanding of the current conditions. This study will evaluate economic damages in order to provide a better understanding of the problem and determine the potential for future flood risk management efforts. This scope of work includes the preferred alternative agreed upon by the potential non-Federal sponsor(s). It includes updating hydrology with existing hydraulic models to be provided by the non-Federal sponsor(s). It also includes economic analysis in which HEC-FDA will be applied to an updated structure inventory based on data collected by the Illinois Department of Natural Resources (IDNR) and local communities. Once the hydrology is updated, it will be used to generate inundation maps to update the economic models and structure inventory. Completion of the study will allow stakeholders to develop future plans for addressing flood damages. Background The US Army Corps of Engineers (USACE) last studied the watershed in depth in the early 1980’s at the request of Lake and Cook Counties, who had recently completed a study of the Watershed Implementation Plan of the North Branch of the Chicago River. The study resulted in the construction of several reservoirs, but primarily focused on the West Branch. Since then, the North Branch of the Chicago River has not been evaluated in depth by USACE. State and local authorities have conducted more recent analyses. In 2009, Lake County Stormwater Management District and East Skokie Drainage District evaluated the Skokie River Watershed. In 2011, IDNR completed an investigation of two sites owned in part by the State of Illinois along the Middle Fork and Skokie River to determine the potential for future flood risk management efforts. The effort included more recent hydraulic modeling as well as an updated structure inventory. These efforts, as well as others, will be incorporated into the study detailed below. Objectives • Re-run available hydraulic models with updated hydrology • Develop a structure inventory 86 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 3 • Construct HEC-FDA Study • Evaluate the baseline condition H&H Scope Description The updated hydrology and hydraulic analysis will be used in existing models to create water surface profiles and inundation maps for evaluation in the economic model. A secondary objective will be to evaluate whether the existing models provide a reasonable representation of real world conditions, or whether re-calibration of the hydrology model or development of a new or updated hydraulic model would be expected to provide a better representation of current flood damages. This will be accomplished by comparing hydrologic model results from previous calibration against flow frequency analysis at available gage locations and any available high water marks or gage information relative to damage locations. Depending on the availability of projected precipitation data, a future condition scenario will also be developed. The existing hydraulic models for the Middle Fork and Skokie River will be used for analysis. Existing hydrology models include the FIS HEC-1 model and the HEC-HMS model developed by Metropolitan Water Reclamation District of Greater Chicago for the North Branch Chicago River – Detailed Watershed Plan. An updated hydrologic model will be developed using assumed values from IDNR’s forthcoming Bulletin 70. Routing reaches in the hydrology model will be used to represent overbank flood storage and attenuation. The only known hydraulic models available are the FIS HEC-2 models, as updated for previous efforts. The steady-state HEC-2 model includes detailed cross-sections and bridges, but does not include georeferenced model geometry necessary to develop inundation mapping. Key cross-section locations will used, along with the SFHA delineations, to estimate inundation areas for the economic modeling. Economic Analyses Scope Description The primary objective of the economic analyses is to evaluate the baseline condition to understand the frequency, severity, and location of flood damages anticipated within the study area. This evaluation will be performed using standard USACE methods and tools. The required work to perform this economic evaluation is broken into two tasks; data development (Develop Structure Inventory), and evaluation (Construct HEC-FDA Study & Perform Evaluation). The data development task consists of several sub-tasks required for collecting, manipulating, and combining information into the appropriate input files for the economic evaluation software. These sub-tasks include: (1) collecting parcel and assessor data (2) assigning damage categories and occupancy types 87 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 4 (3) identifying damage reach delineations (4) assigning river stationing (5) assigning ground elevations (6) surveying structure elevations (7) compiling HEC-FDA input files These sub-tasks require the use of GIS and Excel to create the final text files. Based on the availability of digital structure information and generic depth-damage functions, the data development task can be performed on a wide range of inventory sizes without a significant change in overall effort. Utilizing GIS for the spatial data, the individual structure locations in reference to the source of flooding can be developed rather quickly. Excel is typically used to combine the spatial data with tabular and survey data. For a given structure it is important to identify the value, use, elevation (first floor and low entry), and location along the stream (river station). This information, along with a few other key descriptors, will be provided in the final input file. The evaluation task also consists of several sub-tasks required for estimating the annual expected damages, as well as event-based damages. These sub-tasks include: (1) constructing new study in the current version of HEC-FDA (2) performing analysis and QA/QC (3) producing output files and summary data (4) creating damage maps The evaluation task requires both H&H and economic input files, then applies Monte Carlo simulation to evaluate the estimated impacts, accounting for the associated uncertainty with the inputs. Once the output files from this evaluation are developed, they can quickly be combined with the GIS files used to develop the inputs to produce damage maps. These maps, combined with damage estimates, can provide the basis for identifying potential flood risk management measures and alternatives. 88 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 5 Table 1: Proposed Study Tasks and Level of Effort Preferred Alternative Description Level of Effort Overall Task Sub-Task Hours Cost Cost6 H&H Utilize Existing Hydraulic Model and Create New Hydrology Model Update Hydrology Model (HMS)3 190 $22,800 Incorporate Projected Precipitation into Models3 32 $3,840 Georeference H&H Cross-Sections and Structures3 60 $7,200 Produce HEC-FDA H&H Input Files3 12 $1,440 Produce GIS Shapefiles (Inundation Maps, etc.)3 32 $3,840 Provide Maximum Inundation Area for Inventory Development3 2 $240 Perform Analysis and QA/QC Evaluation3 20 $2,400 Subtotal $41,760 Economics Develop Structure Inventory Collect Parcel Data for Structure Inventory (GIS & Assessor)1,3 28 $3,360 Assign Damage Categories & Occupancy Types3 12 $1,440 Identify Damage Reach Delinations3 12 $1,440 Assign River Stationing3 12 $1,440 Assign Ground Elevations3 12 $1,440 Survey Structure Elevations (FFE & Low Entry)3 36 $4,320 Compile HEC-FDA Input Files2,3 32 $3,840 Economics Construct HEC-FDA Study & Perform Evaluation Construct new study in current HEC-FDA version 20 $2,400 Perform analysis and QA/QC evaluation 20 $2,400 Produce output files and summary data 16 $1,920 Create damage maps 24 $2,880 Document Analyses Document analyses results, recommendations, assumptions, and uncertainties4 140 $16,800 Total Cost Estimate5 712 $66,240 1 Includes values, occupancy, elevations, etc. 2 Includes structures, riverine data, existing regulatory floodplain, and economic evaluation results 3 Denotes area for potential work in kind 4 Denotes area for shared effort dependent on work in kind performed in other areas 5 Includes 20% contingency 6Donates items provided by IDNR not included in the study cost 89 US Army Corps of Engineers Scope of Work Chicago District North Branch Chicago River 6 Table 2: Preliminary Timeline Task Month 1 2 3 4 5 6 7 8 9 Sign Agreement Data Collection Calibrate Existing Hydraulic Model Update Hydrology Model Perform H&H Analysis Develop Structure Inventory Construct HEC-FDA Model Perform Economic Evaluation Produce Final Report 90 AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY, THE CITY OF HIGHLAND PARK, LAKE COUNTY STORMWATER MANAGEMENT COMMISSION, CITY OF LAKE FOREST, VILLAGE OF DEERFIELD AND EAST SKOKIE DRAINAGE DISTRICT FOR DEVELOPMENT OF A COMPREHENSIVE PLAN THIS AGREEMENT is entered into this ___ day of __________, ____, by and between the Department of the Army (hereinafter the “Government”), represented by the U.S. Army Engineer, Chicago District (hereinafter the “District Engineer”) and the City of Highland Park, Lake County Stormwater Management Commission, City of Lake Forest, East Skokie Drainage District, and Village of Deerfield (hereinafter the “Non- Federal Sponsors”), represented by their respective head of the agency. WITNESSETH, THAT: WHEREAS, Section 22 of the Water Resources Development Act of 1974, as amended (42 U.S.C. 1962d-16) authorizes the Secretary of the Army, acting through the Chief of Engineers, to provide assistance in the preparation of a comprehensive water resources plan (hereinafter the “Plan”) to a State or non-Federal interest working with a State, and to establish and collect fees for the purpose of recovering 50 percent of the costs of such assistance except that Secretary may accept and expend non-Federal funds provided that are in excess of such fee; and WHEREAS, the Government and the Non-Federal Sponsors have the full authority and capability to perform in accordance with the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: 1. The Government shall develop the Plan, in coordination with the Non-Federal Sponsors, in accordance with the attached Scope of Work dated March 21, 2018 and any modifications thereto, that specifies the scope, cost, and schedule for activities and tasks, including the Non-Federal Sponsors’ in-kind services. 2. The Non-Federal Sponsors shall provide 50 percent of the costs for developing the Plan in accordance with the provisions of this paragraph. As of the effective date of this Agreement, the costs of developing the Plan are projected to be $66,240, with the Government’s share of such costs projected to be $ 33,120 and the Non-Federal Sponsors’ share of such costs projected to be $ 33,120 which includes estimated credit in the amount of $0 for in-kind services. a. After considering the estimated amount of credit for in-kind services that will be afforded in accordance with paragraph 4, if any, the Government shall provide the Non-Federal Sponsors with a written estimate of the amount of funds 91 required from the Non-Federal Sponsors for the initial fiscal year of development of the Plan, with a fiscal year beginning on October 1st and ending on September 30th of the following year. No later than 15 calendar days after such notification, the Non-Federal Sponsors shall provide the full amount of such funds to the Government by delivering a check payable to “FAO, USAED, Chicago” to the District Engineer or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. b. No later than August 1st prior to each subsequent fiscal year during development of the Plan, the Government shall provide the Non-Federal Sponsors with a written estimate of the amount of funds required from the Non-Federal Sponsors during that fiscal year. No later than September 1st prior to that fiscal year, the Non-Federal Sponsors shall provide the full amount of such required funds to the Government using one of the payment mechanisms specified in paragraph 2.a. above. c. If the Government determines at any time that additional funds are needed from the Non-Federal Sponsors to cover the Non-Federal Sponsors’ costs of developing the Plan, the Government shall provide the Non-Federal Sponsors with written notice of the amount of additional funds required. Within 60 calendar days of such notice, the Non-Federal Sponsors shall provide the Government with the full amount of such additional funds. d. Upon completion of the Plan and resolution of any relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non-Federal Sponsors with the written results of such final accounting. Should the final accounting determine that additional funds are required from the Non-Federal Sponsors, the Non- Federal Sponsors, within 60 calendar days of written notice from the Government, shall provide the Government with the full amount of such additional funds. Should the final accounting determine that the Non-Federal Sponsors have provided funds in excess of its required amount, the Government shall refund the excess amount, subject to the availability of funds. Such final accounting does not limit the Non-Federal Sponsors’ responsibility to pay its share of costs, including contract claims or any other liability that may become known after the final accounting. 3. In addition to its required cost share, the Non-Federal Sponsors may determine that it is in its best interests to provide additional funds for development of the Plan. Additional funds provided under this paragraph and obligated by the Government are not included in calculating the Non-Federal Sponsors’ required cost share and are not eligible for credit or repayment. 4. The in-kind services includes those activities (including services, materials, supplies, or other in-kind services) that are required for development of the Plan and would otherwise have been undertaken by the Government and that are specified in the Scope of Work and performed or provided by the Non-Federal Sponsors after the effective date of this Agreement and in accordance with the Scope of Work. The Government shall credit towards the Non-Federal Sponsors’ share of costs, the costs, 92 documented to the satisfaction of the Government, that the Non-Federal Sponsors incur in providing or performing in-kind services, including associated supervision and administration. Such costs shall be subject to audit in accordance with paragraph 9 to determine reasonableness, allocability, and allowability, and crediting shall be in accordance with the following procedures, requirements, and limitations: a. As in-kind services are completed and no later than 60 calendar day after such completion, the Non-Federal Sponsors shall provide the Government appropriate documentation, including invoices and certification of specific payments to contractors, suppliers, and the Non-Federal Sponsors’ employees. Failure to provide such documentation in a timely manner may result in denial of credit. The amount of credit afforded for in-kind services shall not exceed the Non-Federal Sponsors’ share of costs. b. No credit shall be afforded for interest charges, or any adjustment to reflect changes in price levels between the time the in-kind services are completed and credit is afforded; for the value of in-kind services obtained at no cost to the Non-Federal Sponsors; or for costs that exceed the Government’s estimate of the cost for such item if it had been performed by the Government. 5. The Non-Federal Sponsors shall not use Federal Program funds to meet any of its obligations under this Agreement unless the Federal agency providing the funds verifies in writing that the funds are authorized to be used for the Plan. Federal program funds are those funds provided by a Federal agency, plus any non-Federal contribution required as a matching share therefor. 6. In carrying out its obligations under this Agreement, the Non-Federal Sponsors shall comply with all the requirements of applicable Federal laws and implementing regulations, including, but not limited to: Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended (42 U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto; the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto. 7. Upon 30 calendar days written notice to the other party, either party may elect, without penalty, to suspend or terminate further development of the Plan. Any suspension or termination shall not relieve the parties of liability for any obligation incurred. 8. As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to the parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. 93 9. The parties shall develop procedures for the maintenance by the Non-Federal Sponsors of books, records, documents, or other evidence pertaining to costs and expenses for a minimum of three years after the final accounting. The Non-Federal Sponsors shall assure that such materials are reasonably available for examination, audit, or reproduction by the Government. a. The Government may conduct, or arrange for the conduct of, audits of the Plan. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government’s costs of audits for the Plan shall not be included in the shared costs of the Plan, but shall be included in calculating the overall Federal cost of the Plan. b. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non-Federal Sponsors to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the request of the Non-Federal Sponsors, provide to the Non-Federal Sponsors or independent auditors any such information necessary to enable an audit of the Non-Federal Sponsors’ activities under this Agreement. The costs of non-Federal audits shall be paid solely by the Non-Federal Sponsors without reimbursement or credit by the Government. 10. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsors each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. 11. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by certified mail, with return receipt, as shown below. A party may change the recipient or address for such communications by giving written notice to the other party in the manner provided in this paragraph. If to the Non-Federal Sponsors: City Manager City of Highland Park 1707 St Johns Avenue Highland Park, IL 60035 Executive Director Lake County Stormwater Management Commission 500 W Winchester Rd, Suite 201 Libertyville, IL 60048 Chairman East Skokie Drainage District 94 9 N. County Street Waukegan, IL 60085 City Manager City of Lake Forest 220 E. Deerpath Lake Forest, IL 60045 Village Manager Village of Deerfield 850 Waukegan Rd Deerfield, IL 60015 If to the Government: District Engineer Attn: Project Management 231 S. LaSalle Street, Suite 1500 Chicago, IL 60604 12. To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 13. Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not a party to this Agreement. 14. The obligations and responsibilities of the Non-Federal Sponsors shall be joint and several, such that each Non-Federal Sponsor shall be liable for the whole performance of the obligations and responsibilities of the Non-Federal Sponsors under the terms and provisions of this Agreement. The Government may demand the whole performance of said obligations and responsibilities from any of the entities designated herein as one of the Non- Federal Sponsors.” 95 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY CITY OF HIGHLAND PARK BY: __________________________ BY: __________________________ Aaron W. Reisinger Ghida S. Neukirch Colonel, U.S. Army City Manager District Engineer DATE: _________________________ DATE: ________________________ LAKE COUNTY STORMWATER MANAGEMENT COMMISSION BY: __________________________ Mike Warner Executive Director DATE: ________________________ CITY OF LAKE FOREST BY: __________________________ Robert Kiely City Manager DATE: _______________________ EAST SKOKIE DRAINAGE DISTRICT BY: __________________________ Larry Bridges Chairman DATE: _______________________ VILLAGE OF DEERFIELD BY: __________________________ Kent S. Street Village Manager DATE: _______________________ 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 RESOLUTION NO. 18-___ RESOLUTION RESTATING AND REAFFIRMING THE CITY OF LAKE FOREST’S OPPOSITION TO THE CHICAGO-MILWAUKEE INTERCITY PASSENGER RAIL CORRIDOR PROPOSAL AND REAFFIRMATION OF THE CITY’S REQUEST FOR AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, The City of Lake Forest (the “City”) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Wisconsin Department of Transportation (“WisDOT”) and the Illinois Department of Transportation (“IDOT”), in partnership with Amtrak, are proposing to increase the existing Amtrak Hiawatha Service from fourteen (14) trips per day to twenty (20) trips per day, (or an increase from seven (7) round trips per day to ten (10) round trips per day) between Chicago, Illinois and Milwaukee, Wisconsin; WHEREAS, to support the increase in frequency, construction is proposed along a portion of the rail line, commonly known as the Metra Milwaukee District North Line (“MD-N”), which is within the corporate boundaries of the City; WHEREAS, the additional Amtrak trains result in the need for proposed system improvements (the ‘Project”) within the MD-N right-of-way in the City in order to mitigate the impact of the increase in Hiawatha Service on existing freight operations; WHEREAS, the proposed Project includes a “Rondout Third Main Track” or “Rondout Siding Extension” from Rondout approximately 13,000 feet south to approximately Rt.60 as well as a “Universal Crossover” located north of Conway Road within the Metra right-of-way; WHEREAS, in order for the Project to receive approval from the U.S. Department of Transportation Federal Railway Administration (the “FRA” which is the lead federal agency for the Project), an Environmental Assessment (an ‘EA”) is required; WHEREAS, the Chicago-Milwaukee Intercity Passenger Rail Corridor Draft Environmental Assessment (the “EA”) was released on October 6, 2016; WHEREAS, in reaction to the draft EA, the City and its residents voiced concerns about the potential public health, safety, welfare and environmental issues associated with locating a new third track near residential areas of the City and through the pristine and environmentally sensitive Middlefork Savanna as well as concerns about increased noise and vibration from the freight activity, concerns about idling freight trains, longer delays at crossing gates, inevitable diminution of property values and stated that the draft EA failed to properly address these issues; WHEREAS, in response to the draft EA, the City has taken the following actions: A. Participated with the Villages of Glenview, Northbrook, Deerfield and Bannockburn to explore opportunities for eliminating undesirable impacts from the Project; B. Approved Resolution 2016-43, dated November 7, 2016 which expressly conveyed to the FRA that the draft EA “provides no supporting documentation on air quality, noise, vibration and other health and safety impacts for residents living adjacent to the proposed Rondout Alternative 1 or 2 holding track…” and requested an extension of the Public Comment Period and further environmental 128 documentation through an Environmental Impact Statement (“EIS”) due to significant health, safety and environmental concerns raised in the Hanson Professional Services, Inc. report to the City dated November 8, 2016; C. On March 20, 2017, the City Manager corresponded with representatives of IDOT and WisDOT and conveyed the City’s concurrence with the US EPA’s comments and the recommendations set forth in its November 8, 2016 letter regarding the impact of each of the proposed improvements on freight operations and requesting an assessment of the Project’s potential impact on air quality, emissions, noise, and public safety; D. On November 27, 2017, the Mayor wrote a letter to Congressman Schneider and Congresswomen Schakowsky, which was copied to the appropriate agencies, expressing the City’s support for their letter of October 13, 2017 wherein they requested a “full and fair study of potential freight impacts ensuing from the proposed addition of a third track so that preventive steps can be taken”; E. The Mayor and members of the City Council have on several occasions publicly expressed their opposition to the proposed third track and the potential freight impact, including but not limited to noise, vibrations, emissions, traffic delays and freight mishaps; WHEREAS, the City believes the Chicago-Milwaukee Intercity Passenger Rail Corridor Draft EA released October 6, 2016 requires further environmental documentation by the FRA and a full EIS, including a freight impact study, prior to its consideration of a Finding of No Significant Impact (the “FONSI”), which makes the Project eligible for Federal funding; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of The City of Lake Forest, Lake County, Illinois as follows: Section 1: The facts and statements contained in the preamble to this Resolution are found to be true and correct and are incorporated as part of this Resolution. Section 2: For the reasons set forth herein, the Mayor and City Council of The City of Lake Forest, Lake County, Illinois, do hereby strongly and clearly reiterate their concerns about the findings and recommendations of the October 6, 2016 draft EA as enumerated in its Resolution 2016-43 and the City Manager’s letter of March 30, 2017. Section 3: The City hereby reiterates its prior request that a complete EIS and a freight impact study be undertaken to fully and properly assess the noise, vibration and other related health and safety issues on adjacent residential properties as encouraged by Congressman Schneider and Congresswomen Schakowsky. Section 4: The City Council is opposed to the Project and to any increased freight traffic on the Metra MD-N Line because of the City’s Council’s strong belief that it will create unacceptable health, safety and environmental impacts to our community. Section 4: The City Clerk be and is hereby authorized and directed to send certified copies of this Resolution to WisDOT, IDOT, Metra, Amtrak and the Federal Railway Administration. 129 Section 5: The Mayor and City Manager are hereby directed to continue working with representatives of the Villages of Glenview, Northbrook, Deerfield, and Bannockburn and with our residents and representatives of ACTION to further explore opportunities to influence WisDOT, IDOT, Amtrak and the FRA and to discourage the construction of this Project or any other project improvements which would negatively impact the health, safety or welfare of our residents. Section 6: This Resolution shall be in full effect from and after its passage and approval. PASSED this _________day of _____________, 2018. AYES: NAYS: ABSENT: APPROVED by me this ____ day of _____________, 2018. Robert T E Lansing, Mayor The City of Lake Forest, Lake County, IL ATTESTED and FILED in my office the ____ day of ________________, 2018. 130 131 132 133 134 135 136