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CITY COUNCIL 2020/07/20 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, July 20, 2020 at 6:30 pm or immediately following the Finance Committee Meeting REMOTE ACCESS MEETING Please be advised that all of the City Council members will be remotely attending this Council meeting by electronic means, in compliance with the recent amendments to the Open Meetings Act. The Mayor of the City Council has determined that it is not prudent or practical to conduct an in-person meeting due to the COVID-19 pandemic, and that it is not feasible to have the City Council members or members of the public physically present at the meeting due to the pandemic disaster. The City will be providing members of the public with various opportunities to watch or attend this meeting, as well as provide public comment at the meeting. For example, members of the public can participate remotely in the meeting by following the public audience link which will provide both video and audio means to attend the meeting. Public audience link: https://us02web.zoom.us/j/84622267651?pwd=NGhUUWVMQTBDLzZvUElSZmFTcG9odz09 Password: 1861 Webinar: 846 2226 7651 Password: 1861 Public Comment: 847-810-3643 Honorable Mayor, George Pandaleon James E. Morris, Alderman First Ward Jim Preschlack, Alderman Third Ward Jennifer Karras, Alderman First Ward Ara Goshgarian, Alderman Third Ward Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL Immediately following the Finance Committee meeting PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1.COMMENTS BY MAYOR A.Lake Forest Day Proclamation A copy of the proclamation can be found on page 17 COUNCIL ACTION: Approve Lake Forest Day Proclamation 1 Monday, July 20, 2020 City Council Agenda B.American Legion Lake Forest Day Update -Dave Lipinski, McKinlock Post 264 Commander -Ed Geraghty, Lake Forest Day Chairman C.COVID 19 Financial Impact Update -Elizabeth Holleb, Finance Director 2.COMMENTS BY CITY MANAGER A.Fire Fleet Apparatus Update -Pete Siebert, Fire Chief 3.OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL . Members of the public can provide public comment by calling into the following number during the meeting: 847-810-3643 4.COMMITTEE REPORTS FINANCE COMMITTEE 1.GFOA Award Presentation - Alderman Morris The City recently received notification that it has once again been awarded the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for its FY19 Comprehensive Annual Financial Report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment is a significant accomplishment by a government and its management. In a GFOA news release, it is noted that “The City’s CAFR has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive spirit of full disclosure to clearly communicate its financial story and motivate potential users and user groups to read the CAFR.” The City has received this prestigious award for the 41st consecutive year. In addition to the Certificate of Achievement, an Award of Financial Reporting Achievement is presented by the GFOA to the individual designated as instrumental in their government unit’s achievement of the Certificate. I am pleased to present this award to Diane Hall, Assistant Finance Director. Diane serves as the primary liaison to the City’s independent audit firm, Baker Tilly. She coordinates the annual audit process and preparation of the City’s annual financial report. GFOA is a major professional association servicing the needs of more than 20,000 appointed and elected local, state and provincial-led government officials in the United States and 2 Monday, July 20, 2020 City Council Agenda Canada. GFOA awarded the Certificate of Achievement to 4,354 governmental units for the fiscal year ended 2018. In Illinois, 353 organizations received the award – 5.1% of the total 6,963 units of Government in the state. ***PUBLIC HEARING ON THE CITY’S ANNUAL APPROPRIATION ORDINANCE*** OPEN PUBLIC HEARING Mayor Pandaleon CLOSE PUBLIC HEARING 2.Consideration of the Annual Appropriation Ordinance for FY2021 and Approval of Rollovers (Final Reading- Public Hearing Required) PRESENTED BY: Elizabeth Holleb, Finance Director (847) 810-3612 PURPOSE AND ACTION REQUESTED: Staff requests conducting a public hearing and approving the final reading of the ordinance and rollovers. BACKGROUND/DISCUSSION: While the annual municipal budget represents the City’s financial “plan” for expenditures over the course of the fiscal year, the annual Appropriation Ordinance is the formal legal mechanism by which the City Council authorizes the actual expenditures of funds budgeted in the annual budget. It appropriates specific sums of money by object and purpose of expenditures. State statutes require the passage of an Appropriation Ordinance by the end of July, which must be filed with the County Clerk within 30 days of approval. There are some differences between the budget and Appropriation Ordinance. The Appropriation Ordinance includes the Library, which was not included in the budget approved at the May 4, 2020 City Council meeting. The Library expenses are approved by the Library Board. Debt service payments are included in the budget, but are excluded from the Appropriation Ordinance. The ordinances approving the debt issues serve as the legal authorization for these annual expenditures. The Appropriation Ordinance provides for a 10% “contingency” above the budgeted expenditures. Each separate fund includes an item labeled “contingency” with an appropriate sum equivalent to 10% of the total funds budgeted. This practice has been followed for more than thirty years and has worked very efficiently, while still providing for complete City Council control over budgeted expenditures. It is important to note that the City Council and City staff follows the adopted budget as its spending guideline, not the Appropriation Ordinance. Without the contingency, the City Council would have to pass further modifications to the Appropriation Ordinance to cover any unforeseen expenditures exceeding the budget. In order to provide more accurate and efficient accounting and budgeting of City funds, an annual rollover of funds is required. This eliminates both under and over budgeting of funds in the new fiscal year and is a widely used standard practice for many municipal governments. The items on the attached rollover list (page 18) consist of projects that were appropriated in FY2020 and will not be completed until FY2021. 3 Monday, July 20, 2020 City Council Agenda School District 67 does not recognize the Appropriation Ordinance in their budgeting or auditing standards. However, due to the fact they are a special charter district, their budget must be included in the City’s Appropriation Ordinance. School District 67 numbers are estimates and subject to change. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 6/15/20 First Reading of the appropriations ordinance and rollovers granted City Council 5/18/20 Adoption of the FY21 Comprehensive Fiscal Plan. City Council 5/4/20 Approval of the FY2021 Annual Budget BUDGET/FISCAL IMPACT: The attached Appropriation Ordinance Worksheet (page 20) demonstrates the reconciliation of the Adopted Budget to the Appropriation Ordinance by fund. It should be noted that some rollovers have associated revenues which will also be incorporated into the FY21 budget administered by City staff. These include items such as grant and donor funding. COUNCIL ACTION: Conduct a public hearing on the City’s FY2021 Annual Appropriation Ordinance. Upon closing the public hearing, it is recommended that the City Council consider approval of the final reading of the Ordinance (page 21) and the rollovers. A copy of the ordinance is available for review by the public in the City Clerk’s office. 3.Approval of an additional $2 million transfer in FY2020 from the General Fund PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests City Council approval of an additional transfer of $2 million from the General Fund due to an operating surplus for Fiscal Year 2020 higher than projected. Due to the City Council’s desire to hold the fund balance of the General Fund at the FY18 level, approval to transfer this additional money would need to be completed as of 4/30/20. Direction from the City Council is requested as to the use of the additional funds. BACKGROUND/DISCUSSION: The General Fund is used to account for the majority of personnel and operating costs of the City. The City strives to transfer operating budget surpluses in the General Fund to the Capital Improvement Fund to supplement the City’s Five- Year Capital Improvement Program or to other funds to support one-time funding needs. In recent years, the City Council has elected to increase General Fund reserves in order to insulate the City against potential budget impacts of the State’s fiscal crisis. With General 4 Monday, July 20, 2020 City Council Agenda Fund reserves now well above the City’s minimum threshold (35% of revenue plus accrued vacation/sick liability), the City Council has taken action to incorporate the following provision in its City Council Fiscal Policy: Unassigned fund balances should be equal to no less than 35% of non-pass through operating revenues for the General Fund plus accrued sick and vacation leave. In recent years, the City Council has intentionally accumulated excess General Fund balance reserves to mitigate potential impacts of the State of Illinois fiscal crisis (ie. loss of State-shared revenue or imposition of property tax limitations). Recognizing that General Fund reserves as of 4/30/18 are sufficient to address State impacts, the FY19 operating surplus of the General Fund was transferred to the Capital Improvement Fund. Until further revision to the City Council Fiscal Policy is approved, the City may allocate future General Fund operating surpluses at fiscal year-end to one-time funding needs as determined annually by the City Council. As of June 30, the Finance Department has completed entries to close out the 2020 fiscal year and prepare for the independent financial audit that began on July 6. Based on these pre-audit numbers, we project the FY2020 operating surplus of the General Fund to be $5.2 million, compared to an April 2020 estimate of $3.6 million. This allows for an additional transfer of $2 million in FY20, as follows: FY20 Budget FY20 Projected FY20 Actual (prelim) Revenue $36,614,274 37,182,339 37,741,507 Expenses 34,326,516 33,535,702 32,575,865 Gen Fund Transfer 1,500,000 2,000,000 2,000,000 Hold for COVID 19 1,000,000 1,000,000 Net 787,758 646,637 2,165,642 With General Fund reserves healthy and funds set aside to mitigate COVID 19 budget impacts, the additional funds could be used for a variety of one-time purposes. Staff is recommending that the City Council consider two opportunities: •Transfer funds to the Capital Improvements Fund for additional capital initiatives. Discussion regarding the allocation of these funds to specific purposes or projects would occur at a later date. •Transfer funds to the public safety pension funds to offset FY20 investment performance that fell below actuarial targets (6.75%). A comparison of budget and actual revenues for the police and fire pension funds in FY20 follows: 5 Monday, July 20, 2020 City Council Agenda Why did the City end up having this additional money? The original FY20 General Fund budget projected a $2.3 million surplus with $1.5 million of that to be transferred to the capital fund. In April 2020, the Finance Department was projecting an operating surplus of $3.6 million. The current projection is a $5.2 million surplus for FY20. Finance Director Holleb will provide a presentation on July 20 demonstrating the primary reasons for the actual surplus exceeding the budget projections, but most of the difference is due to one-time revenues and expense savings. BUDGET/FISCAL IMPACT: This action would result in $2 million in one-time General Fund revenue and FY20 expense savings to be transferred to other one-time purposes, as directed by the City Council. FY2020 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N General Fund n/a $2,000,000 N The additional transfer is not budgeted, but does not require a supplemental appropriation ordinance. It will be funded from one-time revenue and expense savings in FY2020. COUNCIL ACTION: Approval of an additional $2 million transfer in FY2020 from the General Fund. The City Council is asked to provide direction on how the additional transfer should be allocated. Fund 701 - FIREFIGHTER PENSION 2019-20 YTD BALANCE Revenues BUDGET 04/30/2020 VARIANCE 311.01-00 CURRENT LEVY - PROP TAX 1,646,568.00 1,641,694.45 (4,873.55) 336.01-01 CONTRIBUTION - EMPLOYEE 315,000.00 330,724.75 15,724.75 361.01-00 INTEREST ON INVESTMENTS 800,000.00 825,821.62 25,821.62 363.09-00 NET GAIN/LOSS INVESTMENTS 1,760,000.00 245,490.07 (1,514,509.93) 372.11-00 PUBLIC SAFETY PENSION FEE 180,000.00 180,370.31 370.31 379.10-00 OTHER REVENUE 0.00 226.31 226.31 TOTAL REVENUES 4,701,568.00 3,224,327.51 (1,477,240.49) Fund 702 - POLICE PENSION Revenues 311.01-00 CURRENT LEVY - PROP TAX 2,194,845.00 2,188,064.53 (6,780.47) 336.01-01 CONTRIBUTION - EMPLOYEE 390,000.00 404,985.37 14,985.37 361.01-00 INTEREST ON INVESTMENTS 650,000.00 632,453.24 (17,546.76) 363.09-00 NET GAIN/LOSS INVESTMENTS 1,600,000.00 (401,181.99) (2,001,181.99) 372.11-00 PUBLIC SAFETY PENSION FEE 400,000.00 401,469.47 1,469.47 TOTAL REVENUES 5,234,845.00 3,225,790.62 (2,009,054.38) 6 Monday, July 20, 2020 City Council Agenda 5.ITEMS FOR OMNIBUS VOTE CONSIDERATION 1.Approve the Extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting STAFF CONTACT, Jason Wicha, City Manager PURPOSE AND ACTION REQUESTED: It is requested that the City Council extend the Declaration to the next City Council meeting. BACKGROUND/DISCUSSION: Over the past month, the U.S. Government and the State of Illinois have issued multiple orders declaring a state of emergency over the country and the State of Illinois in order to address the impact from the global pandemic from COVID-19. In order to address the impact this pandemic has had on the City of Lake Forest, Mayor Pandaleon exercised his authority to issue a Declaration of a Local State of Emergency on Saturday, April 4, 2020. At the April 6, 2020 City Council meeting, the City Council extended the Declaration to the next City Council meeting which was June 15, 2020. In order to ensure that the emergency powers authorized by the local declaration remain in effect where necessary, the Mayor is asking the City Council to further extend the Declaration of a Local State of Emergency until the next City Council meeting that takes place after the July 20, 2020. REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 6/15/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 6/1/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 5/18/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 5/4/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 4/20/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 4/6/2020 City Council Approved the Mayors Declaration until the next City Council Meeting 4/4/2020 Mayor Pandaleon exercised his authority to issue a Declaration of a Local State of Emergency BUDGET/FISCAL IMPACT: N/A COUNCIL ACTION: Approve the extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting 2.Approval of the June 15, 2020 City Council Meeting Minutes 7 Monday, July 20, 2020 City Council Agenda A copy of the minutes can be found beginning on page 32 COUNCIL ACTION: Approval of the June 15, 2020 City Council Meeting Minutes. 3.Approval of the Check Register for the Period of May 23 to June 26, 2020 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: The total identified as “All other Funds” includes $518,445 in medical and dental claim expenses associated with the City’s Self Insurance program. COUNCIL ACTION: Approval of the Check Register for the Period of May 23 to June 26, 2020. Fund Invoice Payroll Total 101 General 839,102 2,266,645 3,105,747 501 Water & Sewer 403,861 269,088 672,949 220 Parks & Recreation 283,559 638,683 922,242 311 Capital Improvements 378,278 0 378,278 202 Motor Fuel Tax 0 0 0 230 Cemetery 34,488 44,339 78,826 210 Senior Resources 3,524 36,865 40,389 510 Deerpath Golf Course 84,507 4,903 89,410 601 Fleet 87,254 81,839 169,094 416 - 433 Debt Funds 510,992 0 510,992 248 Housing Trust 0 0 0 201 Park & Public Land 4,485 0 4,485 All other Funds 670,981 287,512 958,493 $3,301,032 $3,629,875 $6,930,907 Check Register for May 23 - June 26, 2020 8 Monday, July 20, 2020 City Council Agenda 4.Approval of Collective Bargaining Agreement between the City and the Lake Forest Employee Association (LFEA) STAFF CONTACT: DeSha Kalmar, Director of Human Resources (847-810-3530) PURPOSE AND ACTION REQUESTED: Staff requests approval of the Lake Forest Employee Association (LFEA) collective bargaining agreement between the City and LFEA. BACKGROUND/DISCUSSION: The City recently reached tentative agreement with the LFEA, the local association representing the maintenance and Water Plant employees, regarding their collective bargaining agreement. The bargaining unit has ratified the contract, and it is now before the City Council for approval. The duration of the contract is three (3) years, from May 1, 2020, through April 30, 2024. REVIEW/RECOMMENDATIONS: Reviewed Date Comments Personnel Compensation Administration (PCA) Committee 7/9/2020 Reviewed electronically. Recommend City Council approval BUDGET/FISCAL IMPACT: The group has once again adopted the City’s personnel policy as their guiding policies, and the employees have agreed to pay increases approved by the City Council for other fulltime, non-unionized employees of the City for all years of the Agreement and beyond this agreement. The top of the salary range for seasonal employees will also increase by 2.5% in FY2021 (or 40 cents). The 2.5% increase for fulltime employees was included in the FY2021 budget, and the departments can absorb the seasonal increase in their budgets due to vacancies and delayed hiring because of COVID-19. For those employees on-call for emergency J.U.L.I.E. locates where the employee is able to accomplish the locate on a virtual basis, the employee will be compensated $25 for each emergency locate phone call that requires no in person response. This is an increase of $5 and will have nominal impact on the budget as there are typically only a modest number of these annually. Employees are not otherwise compensated for on-call time. We added language in the contract to reflect actual practice for calculating both scheduled and unscheduled overtime. This is to insure that all sections are being consistent in this calculation. Fulltime employees will be increasing their contributions into a Retiree Health Savings account from 1% to 1.5%. These are employee contributions and have no fiscal impact to the City. COUNCIL ACTION: Approval of the Collective Bargaining Agreement between the City and the Lake Forest Employee Association (LFEA) 9 Monday, July 20, 2020 City Council Agenda 5.Authorization for the City Manager and City Clerk to execute a First Amendment to the Fiber Optic Facilities License Agreement between the City of Lake Forest and Abbott Laboratories STAFF CONTACT: Mike Strong, Assistant City Manager (810-3680) PURPOSE AND ACTION REQUESTED: City staff recommends approval of a First Amendment to an existing Fiber Optic Facilities License Agreement between the City and Abbott Laboratories to authorize the continued use and access of underground facilities located in and around Conway Park, Route 43 and Route 60 for the City’s fiber optic cable equipment. BACKGROUND/DISCUSSION: In 2008, the City entered into an approximate 15-year agreement with Abbott Laboratories to access and utilize an empty fiber optic duct located within Abbott’s underground facilities to allow for interconnection between the City’s fiber network and the Municipal Services building on Field Drive. While the existing Agreement is set to expire in 2022, the City is desirous of seeking an extension to allow for its continued use of these facilities. The location of the ducts that are currently begin utilized by the City for interconnection are generally located within Conway Park, and along Route 43 and Waukegan Road. These interconnections allow the City to maintain redundant network service connectivity between the Municipal Services building and other City facilities. The proposed amendment generally represents a continuation of the terms of the existing Agreement for a period of up to 10 additional years. The only additional modification worth noting is an amendment to the Alternative Dispute Resolution provision to ensure such procedure is non-binding. A full copy of the First Amendment, and original executed Agreement, can be found on page 36. BUDGET/FISCAL IMPACT: Based on the terms of the Agreement with Abbott Laboratories, general installation and maintenance costs of the fiber ducts and underground facilities are the responsibility of Abbott Laboratories. However, in addition to costs of maintaining the actual fiber optic system, the City shall be responsible for any costs related to repairs or maintenance that is requested beyond Abbott’s general maintenance obligations. COUNCIL ACTION: Authorization for the City Manager and City Clerk to execute a First Amendment to the Fiber Optic Facilities License Agreement between the City of Lake Forest and Abbott Laboratories 6.Approval of Revised Employment Agreement for City Manager Wicha STAFF CONTACT: DeSha Kalmar, Director of Human Resources, 847-810-3530 PURPOSE AND ACTION REQUESTED: The Mayor and PCA Committee recommend approval of an updated Employment Agreement for City Manager Jason Wicha. 10 Monday, July 20, 2020 City Council Agenda BACKGROUND/DISCUSSION: The Employment Agreement entered into with City Manager Wicha in December 2018 contains language about relocation expenses and a housing allowance. Since Mr. Wicha has now purchased a home in Lake Forest, the references to relocation expenses are proposed to be removed from the agreement. The housing allowance is also proposed to be eliminated. Alternatively, the annual contribution to a deferred compensation plan is proposed to be increased from 3.0% to 8.75% of base salary, which is a similar amount to the housing allowance. Thus, the cost to the City will be the same in FY2021. Finally, his salary is proposed to be adjusted by 2.5%, which is the same as the general increase for City employees approved in the FY2021 budget. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments PCA 7/2020 Reviewed electronically on an individual basis BUDGET/FISCAL IMPACT: The elimination of the housing allowance and adjustment of the deferred compensation contribution is cost-neutral to the City. The salary adjustment is the same general increase approved by the City Council as part of the budget process. Beginning on page 56 of your packet is a copy of the revised Employment Agreement. COUNCIL ACTION: Approval of Revised Employment Agreement for City Manager Wicha 7.Award the Thermoplastic Lane Marking contract to Superior Road Striping, Inc. in the amount of $94,000.00 STAFF CONTACT: DAN MARTIN, SUPERINTENDENT OF PUBLIC WORKS (810-3561) PURPOSE AND ACTON REQUESTED: Staff requests approval to award the contract for thermoplastic lane marking to Superior Road Striping. PROJECT REVIEW/RECOMMENDATIONS: Milestone Date Comments Public Works Committee 7/8/2020 Reviewed and Recommended Approval BACKGROUND/DISCUSSION: The City of Lake Forest, as a member of the Northwest Municipal Conference (NWMC), also belongs to the Suburban Purchasing Cooperative (SPC). The SPC is made up of 134 communities in the Northwest Municipal Conference, the South Suburban Mayors and Managers Association, the DuPage Mayors Conference, and the Will County Government League. One of SPC’s annual joint purchasing initiatives is the thermoplastic lane marking bid for member agencies. The City has been participating in the thermoplastic lane marking for the 11 Monday, July 20, 2020 City Council Agenda last 19 years. SPC’s lane marking specifications meet Illinois Department of Transportation (IDOT) standards. Bids and selection of the lowest responsible and responsive bidder are approved by IDOT. The 2020 SPC/IDOT thermoplastic lane marking contract was awarded to Superior Road Striping, Inc. of Melrose Park, Illinois. The table below shows the unit price cost of the contract that City Council approved in 2019. Due to COVID 19, the Suburban Purchasing Cooperative Governing Board has decided that it is in the best interest of our members to extend the SPC 2020 Thermoplastic Lane Marking Contract #158 to Superior Road Striping, Melrose Park, IL from April 12, 2020 through April 11, 2021, with no price increases. Under this contract, Superior Road Striping agrees to all terms and conditions as set forth in the specifications contained within the contract and Superior Road Striping must comply with all IDOT rules and regulations. Description UOM 2019 Cost per Unit 2020 Cost per Unit 4” Line LF $0.52 $0.52 6” Line LF $0.76 $0.76 12” Line LF $1.52 $1.52 24” Line LF $3.78 $3.78 Letters & Symbols SF $3.51 $3.51 Removal SF $0.41 $0.41 BUDGET/FISCAL IMPACT: The City of Lake Forest’s thermoplastic lane marking zones are split into four. Zone 1 (east of McKinley rd.) which includes all streets, parking lots and crosswalks was completed in 2019. This year, the City is requesting 134,584 linear feet of thermoplastic pavement marking to zone 2 (east of RT. 41) which includes 4”, 6”, 12”, and 24” wide lines, as well as various letters and symbols. The total cost for the Lake Forest’s 2020 contract for striping and marking will be $94,000. Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific exception requested: Administrative Directive 3-5, Section 6.1D – Government Joint Purchases The FY2021 budget allocation for the lane marking program is $94,000 from the Capital Improvement Fund: FY2021 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N 311-5103-467.67-22 $94,000 $94,000 Y COUNCIL ACTION: Award the Thermoplastic Lane Marking contract to Superior Road Striping, Inc. in the amount of $94,000.00. 12 Monday, July 20, 2020 City Council Agenda 8.Consideration of a Recommendation from the Public Works Committee in Support of Amendments to Section 150.391 of the City of Lake Forest Code Relating to Storm Sewers and Surface Drainage (Waive first reading and grant final approval of an Ordinance.) STAFF CONTACT: Catherine Czerniak, Director of Community Development 847-810-3504 PURPOSE AND ACTION REQUESTED: The Council is asked to consider a recommendation from the Public Works Committee in support of amendments to the City Code for the purpose of updating and clarifying requirements relating to storm sewers and surface drainage. BACKGROUND AND DISCUSSION: On an ongoing basis, City staff reviews the City Code and recommends clarifications and updates. As we continue to experience heavy storm events, staff has become increasingly aware of situations where residents have installed pipes to drain tile systems, footing drains, yard drains and sump pumps that discharge at or near property lines. The goal of these connections on the part of the property owners who install them is obviously to move water away from their homes and off of their property however, discharging water at or near property lines, rather than allowing pipes to daylight in an area more centrally located in a yard, often impacts neighboring properties, public sidewalks, parkways and streets. This is particularly of concern in the winter when some of these discharge locations cause icing over public sidewalks and streets creating hazardous conditions. Currently, the City Code does not provide direction on how close to a property line storm water can be discharged. This issue is the impetus for the proposed Code amendments. Staff is also taking this opportunity to recommend some non-substantive updates and clarifications to this section. When issues have arisen due to stormwater discharge near a property line, staff has encouraged residents to relocate the discharge points away from property lines however, those discussions can be difficult without proper Code language to back up the request. It is important to have supporting language in the Code to allow staff to effectively resolve neighbor disputes around drainage issues resulting from discharge points, and to alleviate problems on public property. In summary, the proposed changes are as follows: •Rather than requiring connection to a public storm sewer in all cases where one is available, the proposed amendments leave connection of private drainage pipes to the discretion of the City Engineer. Consistent with discussions at the Council in recent months, in some cases, the best solution may not involve connection to a public storm sewer but instead, the best solution, from an environmental and system capacity perspective, may be to provide an on site location such as a low spot with wet- tolerant vegetation or a more formal rain garden, to allow water to more slowly infiltrate into the soil on the property. •An update to the material that should be used as a base and covering for pipes; CA-6, rather than pea gravel, sand or other materials. •Clarification of the type of pipe required in order to allow storm and sanitary sewers to be located in the same trench. 13 Monday, July 20, 2020 City Council Agenda •A limitation on when connections can be made to road drains. In general, road drains are not adequate to support connections of private drainage systems. The Code language is changed to only allow connections to road drains if the City Engineer determines that the road drain is adequate to support the connection. •Establishes a minimum distance from property lines for discharges from private pipes. As noted above, this is the primary purpose for bringing this amendment forward. Currently, the Code does not address discharge locations and, as a result, off-site impacts are common due to location near the property lines. The amendments as recommended are detailed in the ordinance beginning on page 61 of the Council packet. A blackline is also provided in the Council packet beginning on page 64 to clearly identify the text changes proposed. BUDGET/FISCAL IMPACT: No fiscal impacts are associated with the proposed amendments however with the clarification and specificity provided by the amended language, staff time spent on storm water related Code enforcement issues may be reduced to some extent. COUNCIL ACTION: Waive first reading and grant final approval of Amendments to Section 150.391 of the City of Lake Forest Code Relating to Storm Sewers and Surface Drainage. COUNCIL ACTION: Approval of the eight (8) omnibus items as presented 6.ORDINANCES 7.OLD BUSINESS 8.NEW BUSINESS 9.ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 10.ADJOURNMENT A copy of the Decision Making Parameters can be found beginning on page 16 of this packet. Office of the City Manager July 15, 2020 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 Jason Wicha, at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 14 Monday, July 20, 2020 City Council Agenda 15 ^Qtu^^ C^'NA<WA£BT-<^ ^.Scie^^t^wS^'X. §.. ^..,,.e-..^ f-l&ff"^ THE CITY OF LAKE FOREST DECISION-MAKING PARAMETERS FOR CITY COUNCIL, AND APPOINTED BOARDS & COMMISSIONS Adopted June 18, 2018 The City of Lake Forest Mission Statement: "Be the best-managed, fiscally-responsible and appealing community and promote a community spirit of trust, respect and citizen involvement. " The Lake Forest City Council, with the advice and recommendations of its appointed advisory Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy formulation and approval. Implementation of adopted strategy, policy, budgets, and other directives of Council is the responsibility of City Staff, led by the City Manager and Senior Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should address matters in a timely, deliberate, objective and process-driven manner, making decisions guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes, policies and procedures, and the following parameters: . Motions and votes should comprise what is in the best long-term interests of all Lake Forest citizens, measured in decades, being mindful of proven precedents and new precedents that may be created. . All points of view should be listened to and considered in making decisions with the long-term benefit to Lake Forest's general public welfare being the highest priority. . Fundmg decisions should support effectiveness and economy in providing services and programs, while mindful of the number ofcidzens benefittmg from such expenditures. . New initiatives should be quantified, qualified, and evaluated for their long-tenn merit and overall fiscal unpact and other consequences to the community. . Decision makers should be proactive and timely in addressing sto-ategic planning initiatives, external forces not under control of the City, and other opportunities and challenges to the community. Community trust in, and support of, government is fostered by maintaining the integrity of these decision-making parameters. The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an annual basis and shall be included on all agendas of the City Council and Boards and Commissions. 16 ^^:^ (^f f,f^M/i6 ET ^ SciEfT^'C AMOf- '^, p^^^^^^^'^ - '^g^v -® ^^ PROCLAMATION WHEREAS, for the first rime since World War II, the McKinlock Post 264 of the American Legion asks aU Lake Foresters to take pause on Lake Forest Day, Wednesday, August 5, 2020. WHEREAS, due to the COVID-19 pandemic, it has not been possible to undertake appropriate exercises and entertainment in celebration of Lake Forest Day, the Legion's annual fundraiser, which brings together the people of our City in the furtherance of civic interest and advancetnent of conununity fellowship; and WHEREAS, the Post has therefore had to cancel the parade and carnival under the restrictions of the CD C gzudelines; and WHEREAS, under these highly unusual world-wide circumstances, let us aU remember these wonderful celebrations of the past and continue to support McKinlock Post 264, its local scholarships and various causes; t THEREFORE, be it hereby proclaimed that said LAKE FOREST DAY celebration is declared to be a City Fair in our own backyards, and Wednesday, August 5, 2020, shaU be observed as a holiday in The City of Lake Forest and our people are urged to gather with their families in a spirit of comradeship and good wiU in support of the ideals of our City. George A. Pandaleon, Mayor 17 GL Number Vendor Name Description Balance 101-1101-435.35-10 AMERICAN LEGAL PUBLISHING CORP CODIFICATION OF CITY CODE 5,740.95 101-1101-484.84-95 BAYLESS COMMUNICATIONS LLC MEDIA RELATIONS CONSULTING 5,552.50 101-1101-484.84-95 CENTER FOR INTERNET SECURITY, INC.ONGOING VULNERABILITY MONITORING 19,200.00 101-1202-414.29-10 JASON WICHA CITY MANAGER RELOCATION EXPENSES 10,000.00 101-1314-435.35-10 DIRECT RESPONSE RESOURCE INC VEHICLE PET PARKING PROCESSING 8,695.78 101-1314-435.35-10 AMERICAN PRINTING TECH. INC.VEHCILE PET PARKING PROCESSING 5,800.00 101-1314-460.60-13 AMERICAN PRINTING TECH. INC.VEHCILE PET PARKING PROCESSING 6,000.00 101-1601-483.60-17 MIDWEST BIBLE CHURCH PHATOM CROYA SPRING RETREAT 9,400.00 101-2501-484.84-11 VARIOUS LAKE FOREST BUSINESSES BUSINESS STIMULUS GRANTS 500,000.00 101-2501-484.84-95 VARIOUS VENDORS COVID-19 EXPENSES 25,778.37 VARIOUS FUNDS COVID-19 TRANSFERS TO OTHER FUNDS 500,000.00 101-3401-435.35-10 TESKA ASSOCIATES INC COMP PLAN UPDATE RT 60 12,055.98 101-5138-461.61-11 SUPREME CASTING INC LIGHTING MATERIALS 18,717.20 101-7672-460.60-23 NA CANINE PROGRAM (GRANT FUNDED)4,326.00 1,131,266.78 201-8457-456.67-78 NA OPEN LANDS 377,100.00 201-8457-467.67-74 HITCHCOCK DESIGN GROUP SOUTH PARK OSLAD GRANT PROJECT 17,269.22 201-8457-467.67-74 CLAUSS BROTHERS, INC.SOUTH PARK/OSLAD IMPROVEMENT PROJECT 483,857.00 878,226.22 202-3703-478.78-92 H W LOCHNER, INC.LAKE WOODBINE BRIDGE PROJECT - PRELIM ENG 0.00 0.00 220-5774-484.84-05 ADVANCED TURF SOLUTIONS TOWNLINE PARK 15,498.64 220-5887-435.35-10 CRAIG BERGMANN LANDSCAPE DESIGN INC ELAWA FARM DESIGN SERVICES 9,800.00 220-8024-475.75-02 CLAUSS BROTHERS, INC.SOUTH PARK/OSLAD IMPROVEMENT PROJECT 10,000.00 35,298.64 224-8026-476.76-56 CLAUSS BROTHERS, INC.SOUTH PARK/OSLAD IMPROVEMENT PROJECT 40,000.00 224-8026-476.76-56 CREATIVE CONCRETE WEST PARK SIDEWALK ADDITION 8,312.50 48,312.50 230-6407-476.76-20 LAKE FOREST LANDMARK DEVELOPMENT ARCHITECTURAL SERV FOR CEMETERY MEMORIAL SPIRE 7,849.36 230-6407-476.76-20 CRAIG BERGMANN LANDSCAPE DESIGN INC LANDSCAPE DESIGN MEMORIAL GARDENS CEMETERY 7,450.00 15,299.36 311-1303-466.66-11 SENTINEL TECHNOLOGIES, INC.CISCO CORE SWITCH REPLACMENT- CATALYST 9400 10 SLOT 1,842.00 311-1303-466.66-11 SENTINEL TECHNOLOGIES, INC.CISCO CORE SWITCH REPLACMENT- CATALYST 9400 10 SLOT 4,537.00 311-1303-466.66-13 NA ERP CITIZEN REQUEST/WORK ORDER SYSTEM 183,645.00 311-1503-467.67-09 CORE MECHANICAL INC CITY HALL BOILER REPLACEMENT 34,727.00 311-1503-467.67-10 REEF CONTRACTORS INC FIRE DEPARTMENT RENOVATIONS - CONSTRUCTION 221,601.00 311-1503-467.67-10 NA POLICE FIRING RANGE RHAB 60,000.00 311-1503-478.78-58 DIVINCI PAINTERS INC EXTERIOR PAINTING - EAST CENTER COURTYARD 19,150.00 311-3403-467.67-13 LAKE COUNTY FOREST PRESERVE REIMBURSEMENT FOR REPLACEMENT PLANTINGS 20,000.00 311-3403-467.67-13 LAKE FOREST OPEN LANDS ASSOCIATION REPLANTING TREES 20,000.00 311-3703-466.66-26 BAXTER AND WOODMAN INC WAUKEGAN & WESTLEIGH INTERSECTION DESIGN 14,395.71 311-3703-467.67-11 SCHROEDER ASPHALT SERVICES, INC ANNUAL PAVEMENT RESURFACING AND PATCHING 50,624.48 City of Lake Forest FY21 Appropriation Ordinance FY2020 Rollovers DRAFT - 7/20/20 City Council 18 GL Number Vendor Name Description Balance 311-3703-467.67-11 SCHROEDER ASPHALT SERVICES, INC ANNUAL PAVEMENT RESURFACING AND PATCHING -7,155.00 311-3703-467.67-11 SCHROEDER ASPHALT SERVICES, INC ANNUAL PAVEMENT RESURFACING AND PATCHING -17,200.00 311-3703-467.67-26 GUY SCOPELLITI CO., INC.CEMETERY RAVINE MANHOLE REPAIR 13,525.00 311-3703-467.67-26 DI TOMASSO EXCAVATING CEMETERY RAVINE MANHOLE REPAIR 5,500.00 311-3703-467.67-26 BLECK ENGINEERING CO INC RINGWOOD ROAD RAVINE REPAIR DESIGN 24,425.00 311-3703-467.67-26 NORTH SHORE BORING MAYFLOWER RAVINE REPAIR (STORM SEWER WORK)34,710.00 311-3703-478.78-27 SCHROEDER & SCHROEDER, INC.WAUKEGAN ROAD CONCRETE 19,800.00 311-3703-478.78-27 PETER BAKER & SON WAUKEGAN ROAD SIDEWALK REPLACEMENT (DONOR)429,308.00 311-3703-478.78-81 CIVILTECH ENGINEERING INC EVERETT ROAD/WAUKEGAN ROAD INTERSECTION IMPROVEMEN 0.00 311-3703-478.78-89 HANSON PROFESSIONAL SERVICES INC.PHASE I DESIGN OF BRIDGE ALTERNATIVE 143,504.73 311-3703-478.78-94 GEWALT HAMILTON ASSOCIATES, INC.DEERPATH STREETSCAPE PHASE I DESIGN 75,400.30 311-3703-478.78-94 CRAIG BERGMANN LANDSCAPE DESIGN INC DEERPATH STREETSCAPE PHASE I DESIGN 8,462.50 311-5103-467.67-22 SUPERIOR ROAD STRIPING INC THERMOPLASTIC LANE MARKING 10,352.98 311-5203-435.35-51 NORMAN DESIGN COMPANY, LLC SANITATION RECYCLING EDUCATION 8,124.62 311-5803-467.67-13 ARTHUR WEILER INC TREE PLANTING 15,000.00 311-8003-476.76-08 CAREY'S HEATING & AIR CONDITIONING STIRLING HALL RTU REPLACEMENT 26,323.00 1,420,603.32 501-6072-435.35-10 FLOLO CORPORATION REBUILD RWP 130 15,750.00 501-6072-435.35-10 LION HEART ENGINEERING P.C.REPLACEMENT OF EAST GENSET CDVR 5,235.00 501-6073-461.61-11 VULCAN CONSTRUCTION MATERIALS, LLC CA-6 STONE RESTOCKING 8,081.00 29,066.00 508-6003-477.77-04 SCHROEDER ASPHALT SERVICES, INC ASPHALT DRIVE AT WATER PLANT 65,000.00 65,000.00 510-6325-476.76-55 NA Deerpath Clubhouse Fire Suppression System 66,000.00 510-6325-476.76-55 LOVERDE CONSTRUCTION CO., INC.DEERPATH GOLF COURSE WATER MAIN EXTENSION 154,071.00 220,071.00 601-5901-461.61-10 PB LOADER CORPORATION SALT SPREADING & PLOW MOUNTING PARTS 52,729.00 52,729.00 Total Rollover Request 3,895,872.82 DRAFT - 7/20/20 City Council 19 Budget Expenditures Debt FY2021 Payments Rollovers Library Subtotal Contingency Approp Ord 101 General Fund 35,867,170 1,131,267 36,998,437 3,699,844 40,698,281 120 Flex 9,800 9,800 980 10,780 201 Park & Public Land 430,000 878,226 1,308,226 130,823 1,439,049 202 MFT 1,750,000 1,750,000 175,000 1,925,000 205 Emergency Telephone 275,656 275,656 27,566 303,222 210 Senior Resources 605,708 605,708 60,571 666,279 220 Parks and Recreation (incl Rec Dev)9,372,112 35,299 9,407,411 940,741 10,348,152 223 Parks Equip Reserve 155,000 155,000 15,500 170,500 224 Special Recreation 498,839 48,313 547,152 54,715 601,867 230 Cemetery 2,597,224 15,299 2,612,523 261,252 2,873,775 245 Foreign Fire Insurance 100,000 n/a 0 247 Police Restricted Funds 88,000 88,000 8,800 96,800 248 Housing Trust 565,000 565,000 56,500 621,500 311 Capital Improvement 4,263,100 1,420,603 5,683,703 568,370 6,252,073 322 Laurel/Western Redevelopment TIF 595,454 595,454 59,545 654,999 422 SSA 25 - Knollwood Sewer 76,275 (76,275)0 0 423 SSA 26 - Waukegan Sewer 20,830 (20,830)0 0 424 SSA 29 - Saunders Road 149,943 (149,943)0 0 425 2004B - Storm Sewer 523,427 (523,427)0 0 428 2009 G.O. Bonds - Western Avenue 256,045 (256,045)0 0 429 2010 G.O. Bonds 577,225 (577,225)0 0 432 2013 Refunding 2010A 753,515 (753,515)0 0 433 2015 G.O. Bonds 583,050 (583,050)0 0 501 Water & Sewer 8,300,736 29,066 8,329,802 832,980 9,162,782 508 Water and Sewer Capital 1,415,000 65,000 1,480,000 148,000 1,628,000 510 Deerpath Golf Course 1,880,597 220,071 2,100,668 210,067 2,310,735 601 Fleet 1,991,365 52,729 2,044,094 204,409 2,248,503 605 Liability Insurance 1,252,787 1,252,787 125,279 1,378,066 610 Self Insurance 5,585,000 5,585,000 558,500 6,143,500 701 Fire Pension 3,183,590 3,183,590 318,359 3,501,949 702 Police Pension 3,360,806 3,360,806 336,081 3,696,887 709 Trust Care Funds 87,083,254 (2,940,310)3,895,873 0 87,938,817 8,793,882 96,732,699 Library 4,431,108 4,431,108 443,111 4,874,219 4,431,108 92,369,925 9,236,993 101,606,918 SD 67 37,773,382 37,773,382 Appropriation Ordinance Total 139,380,300 THE CITY OF LAKE FOREST Appropriation Ordinance Worksheet Pension/Trust Funds Total All Funds Special Revenue Funds Capital Project Funds Debt Service Funds Enterprise Funds Internal Service Funds 20 AN ORDINANCE MAKING APPROPRIATION FOR CORPORATE PURPOSES AND FOR THE PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS, FOR THE FISCAL YEAR COMMENCING MAY 1, 2020 AND ENDING APRIL 30, 2021 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, an Illinois special charter and home rule municipal corporation located in Lake County, Illinois, as follows: Section 1: That the following sums, or so much thereof as may be authorized by law, be and the same are hereby appropriated from the respective fund designated in this ordinance for the corporate purposes of The City of Lake Forest and for the objects and purposes stated herein according to departments and other separate agencies, and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, to defray the necessary expenses of the City and its Public Schools for the fiscal year commencing May 1, 2020 and ending April 30, 2021. GENERAL FUND General Government Appropriation Salaries and Benefits 3,262,160$ Supplies/Other Services and Charges 4,976,048 Capital Equipment Contingency - to meet expenses of emergencies and optional expenses not otherwise provided for 3,699,844 TOTAL GENERAL GOVERNMENT 11,938,052$ Law Contractual Services 450,000$ TOTAL LAW 450,000$ Community Development Salaries and Benefits 1,687,777$ Supplies/Other Services and Charges 343,047 Capital Equipment - TOTAL COMMUNITY DEVELOPMENT 2,030,824$ Public Works Administration Salaries and Benefits 455,925$ Supplies/Other Services and Charges 89,191 TOTAL PUBLIC WORKS ADMINISTRATION 545,116$ Public Buildings Building Maintenance Salaries and Benefits 925,137$ Supplies/Other Services and Charges 679,217 TOTAL PUBLIC BUILDINGS 1,604,354$ 21 Appropriation Streets Salaries and Benefits 1,200,823$ Supplies/ Other Service and Charges 732,117 TOTAL STREETS 1,932,940$ Sanitation Salaries and Benefits 1,420,079$ Supplies/ Other Service and Charges 1,087,287 TOTAL SANITATION 2,507,366$ Storm Sewers Salaries and Benefits 141,959$ Supplies/ Other Service and Charges 29,900 TOTAL STORM SEWERS 171,859$ Engineering Salaries and Benefits 626,517$ Supplies/ Other Service and Charges 371,658 TOTAL ENGINEERING 998,175$ Fire Administration Salaries and Benefits 4,985,103$ Supplies/ Other Service and Charges 2,394,304 Sub-Total 7,379,407$ Emergency Medical Services Supplies/ Other Service and Charges 28,813$ Sub-Total 28,813$ Fire Suppression Supplies/ Other Service and Charges 103,000$ Sub-Total 103,000$ TOTAL FIRE 7,511,220$ Police Salaries and Benefits 6,707,335$ Supplies/ Other Service and Charges 4,301,040 TOTAL POLICE 11,008,375$ TOTAL AMOUNT APPROPRIATED FROM THE GENERAL FUND 40,698,281$ 22 Appropriation FLEX FUND Supplies/Other Services and Charges 9,800$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 980 TOTAL AMOUNT APPROPRIATED FROM Flex Fund 10,780$ PARK AND PUBLIC LAND FUND Park Improvements 1,308,226$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 130,823 TOTAL AMOUNT APPROPRIATED FROM THE PARK AND PUBLIC LAND FUND 1,439,049$ MOTOR FUEL TAX FUND Capital Improvements 1,750,000$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 175,000 TOTAL AMOUNT APPROPRIATED FROM THE MOTOR FUEL TAX FUND 1,925,000$ EMERGENCY TELEPHONE FUND Police Salaries and Benefits -$ Supplies/ Other Service and Charges 275,656 Capital Equipment - Contingency to meet expenses for emergencies and expenses not otherwise provided for 27,566 TOTAL POLICE 303,222$ TOTAL AMOUNT APPROPRIATED FROM THE 303,222$ SENIOR RESOURCES COMMISSION FUND Salaries and Benefits 382,828$ Supplies/Other Services and Charges 222,880 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 60,571 TOTAL AMOUNT APPROPRIATED FROM THE SENIOR RESOURCES COMMISSION FUND 666,279$ 23 Appropriation PARKS AND RECREATION FUND Recreation Recreation Programs Salaries and Benefits 3,513,537$ Supplies/ Other Service and Charges 1,827,943 Capital Equipment - Sub-Total 5,341,480$ Parks Equipment Reserve 155,000 Contingency to meet expenses of emergencies and expenses not otherwise provided for 956,241 TOTAL RECREATION SECTION 6,452,721$ Parks and Forestry Administration Salaries and Benefits 2,619,835$ Supplies/ Other Service and Charges 676,846 Capital Equipment 155,000 Sub-Total 3,451,681$ Grounds Maintenance Supplies/ Other Service and Charges 385,500$ Sub-Total 385,500$ Athletic Field Plg/Tennis Supplies/ Other Service and Charges 97,500$ Sub-Total 97,500$ Lakefront Facilities Supplies/ Other Service and Charges 36,500$ Capital Equipment - Sub-Total 36,500$ Tree Trimming Supplies/ Other Service and Charges 45,750$ Sub-Total 45,750$ Tree Removal Supplies/ Other Service and Charges 21,500$ Sub-Total 21,500$ Insect & Disease Supplies/ Other Service and Charges 15,000$ Sub-Total 15,000$ 24 Tree & Shrub Planting/Care Appropriation Supplies/ Other Service and Charges 12,500$ Sub-Total 12,500$ TOTAL PARKS AND FORESTRY SECTION 4,065,931$ TOTAL AMOUNT APPROPRIATED FROM THE PARKS AND RECREATION FUND 10,518,652$ SPECIAL RECREATION FUND Salaries and Benefits 57,182$ Supplies/Other Services and Charges 289,971 Capital Improvements 199,999 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 54,715 TOTAL AMOUNT APPROPRIATED FROM THE SPECIAL RECREATION FUND 601,867$ CEMETERY COMMISSION FUND Salaries and Benefits 437,742$ Supplies/Other Services and Charges 299,482 Capital Improvements 1,875,299 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 261,252 TOTAL AMOUNT APPROPRIATED FROM THE CEMETERY COMMISSION FUND 2,873,775$ PUBLIC LIBRARY FUND Library Services Salaries and Benefits 2,629,805$ Supplies/Other Services and Charges 1,311,303 Building Maintenance - Supplies/Other Services and Charges 240,000$ Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 443,111 Sub-Total 4,624,219$ Capital Equipment 125,000$ Capital Improvements 125,000 Sub-Total 250,000$ TOTAL AMOUNT APPROPRIATED FROM THE PUBLIC LIBRARY FUND 4,874,219$ 25 POLICE RESTRICTED FUND Appropriation Supplies/Other Services and Charges 88,000$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 8,800 TOTAL AMOUNT APPROPRIATED FROM ALCOHOL ASSET FORFEITURE FUND 96,800$ HOUSING TRUST FUND Supplies/Other Services and Charges 565,000$ Capital Improvements - Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 56,500 TOTAL AMOUNT APPROPRIATED FROM THE HOUSING TRUST FUND 621,500$ CAPITAL IMPROVEMENTS FUND Salaries and Benefits -$ Supplies/Other Services and Charges 6,750 Capital Equipment 812,000 Capital Improvements 4,864,953 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 568,370 TOTAL AMOUNT APPROPRIATED FROM THE CAPITAL IMPROVEMENTS FUND 6,252,073$ LAUREL/WESTERN REDEVLOPMENT Supplies/Other Services and Charges 495,454 Capital Improvements 100,000$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 59,545 TOTAL AMOUNT APPROPRIATED FROM THE RT 60 INTERSECTION FUND 654,999$ WATER AND SEWER FUND General Government Salaries and Benefits 253,196$ Supplies/Other Services and Charges 2,040,423 Debt retirement 2,445,337 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 832,980 TOTAL GENERAL GOVERNMENT 5,571,936$ 26 Public Works Appropriation Salaries and Benefits 2,261,910$ Supplies/Other Services and Charges 1,328,936 TOTAL PUBLIC WORKS ADMINISTRATION 3,590,846$ TOTAL AMOUNT APPROPRIATED FROM THE WATER AND SEWER FUND 9,162,782$ WATER AND SEWER CAPITAL FUND Capital Equipment 120,000$ Capital Improvements 1,360,000 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 148,000 TOTAL AMOUNT APPROPRIATED FROM THE WATER AND SEWER CAPITAL FUND 1,628,000$ DEERPATH GOLF COURSE FUND Administration Salaries and Benefits 518,731$ Supplies/Other Services and Charges 424,145 Capital Equipment 50,000 Capital Improvements 220,071 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 210,067 TOTAL ADMINISTRATION 1,423,014$ Course Maintenance Salaries and Benefits -$ Supplies/Other Services and Charges 149,290 TOTAL COURSE MAINTENANCE 149,290$ Clubhouse Salaries and Benefits 170,921$ Supplies/Other Services and Charges 567,511 TOTAL CLUBHOUSE 738,432$ TOTAL AMOUNT APPROPRIATED FROM THE DEERPATH GOLF COURSE FUND 2,310,736$ 27 FLEET FUND Appropriation Salaries and Benefits 786,179$ Supplies/Other Services and Charges 1,257,915 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 204,409 TOTAL AMOUNT APPROPRIATED FROM THE FLEET FUND 2,248,503$ LIABILITY INSURANCE FUND Supplies/Other Services and Charges 1,252,787$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 125,279 TOTAL AMOUNT APPROPRIATED FROM THE LIABILITY INSURANCE FUND 1,378,066$ SELF INSURANCE FUND Supplies/Other Services and Charges 5,585,000$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 558,500 TOTAL AMOUNT APPROPRIATED FROM THE SELF INSURANCE FUND 6,143,500$ FIREFIGHTERS' PENSION FUND Other Services and Charges 3,183,590$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 318,359 TOTAL AMOUNT APPROPRIATED FROM THE FIREFIGHTERS' PENSION FUND 3,501,949$ POLICE PENSION FUND Other Services and Charges 3,360,806$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 336,081 TOTAL AMOUNT APPROPRIATED FROM THE POLICE PENSION FUND 3,696,887$ 28 PUBLIC SCHOOLS THE CITY OF LAKE FOREST Appropriation School District No. 67 From the Education Fund 29,990,641$ From the Operations, Building and Maintenance Fund 2,583,260 From the Capital Projects Fund 3,335,789 From the Illinois Municipal Retirement/Social Security Fund 873,105 From the Transportation Fund 990,587 TOTAL AMOUNT APPROPRIATED FOR PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST (School District No. 67)37,773,382$ Summary of the Amounts Appropriated From the Several Funds Fund Appropriation General 40,698,281$ Flex 10,780 Park and Public Land 1,439,049 Motor Fuel Tax 1,925,000 Emergency Telephone 303,222 Senior Resources Commission 666,279 Parks and Recreation 10,518,652 Special Recreation 601,867 Cemetery Commission 2,873,775 Public Library 4,874,219 Alcohol Asset Forfeiture 96,800 Affordable Housing 621,500 Capital Improvements 6,252,073 Laurel/Western Redevelopment 654,999 Water and Sewer 9,162,782 Water and Sewer Capital Fund 1,628,000 Deerpath Golf Course 2,310,736 Fleet 2,248,503 Liability Insurance 1,378,066 Self Insurance 6,143,500 Firefighters' Pension 3,501,949 Police Pension 3,696,887 Sub-Total 101,606,918$ The City of Lake Forest School District No. 67 Education 29,990,641$ Operations, Building and Maintenance 2,583,260$ Capital Projects 3,335,789$ Illinois Municipal Retirement/Social Security 873,105$ Transportation 990,587$ Sub-Total 37,773,382$ GRAND TOTAL 139,380,300$ 29 Section 2: That any sum of money heretofore appropriated and not expended now in the Treasury of The City of Lake Forest, or that hereafter may come into the Treasury of The City of Lake Forest, is hereby reappropriated by this Ordinance. Section 3: That the funds derived from sources other than the 2019 tax levy and other revenue pledged for specific purposes may be allotted by the Mayor and City Council to such appropriations and in such amounts respectively, as said Corporate Authorities may determine within the limits of said appropriations, respectively, insofar as doing same does not conflict with the law. Section 4: That any unexpended balances of any items of any general appropriation made by this Ordinance may be expended in making up any deficiency in any other item in the same general appropriation made by this Ordinance and is hereby appropriated therefore. Section 5: That any sum of money received for a specific purpose or category of expenditure from any source other than real estate taxes (including without limitation grants and donations) that is not specifically authorized by this appropriation ordinance shall be authorized for expenditure upon acceptance of such sum of money by the City, provided that such expenditure is approved in accordance with applicable City ordinances and procedures. Section 6: That the sum of money that the Corporate Authorities of the City (or such subordinate body of the City empowered to authorize the expenditure of funds) have approved, or will approve, to satisfy a lawful debt of the City, and for which money is available in the Treasury (or in the specific fund over which a subordinate body may have authority) at the time of such approval, is hereby appropriated by this ordinance. Section 7: That if any item or portion thereof of this Appropriation Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portion of such item or the remaining portions of this Ordinance. Section 8: The City Council shall at any time have the power, to make transfers of sums of money appropriated for one corporate object or purpose, but no appropriation for any object or purposes shall thereby be reduced below any amount sufficient to cover all obligations incurred or to be incurred against such appropriation. Section 9: At any time during the fiscal year when an expenditure shall exceed the amounts set forth in this ordinance and there are funds available in the City's Treasury, the City Council may approve such expenditure and grant a supplemental appropriation for such purpose contemporaneously. Section 10: This ordinance shall be in force ten (10) days from and after its 30 passage, approval and publication. PASSED THIS ____ day of ________________, 2020 ____________________________________________ APPROVED THIS ____ day of ________________, 2020 _____________________________________________ ATTEST: ______________________________________ City Clerk That this ordinance be published in pamphlet form and be made available to the public at the City Hall service counter. 31 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, June 15, 2020 City Council Meeting - City Council Chambers REMOTE ACCESS MEETING The City Clerk asked for a motion to appoint Alderman Rummel as Mayor Pro Tem. Alderman Bushchmann made a motion to appoint Alerman Rummel as Mayor Pro Tem, seconded by Alderman Preschlack. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried CALL TO ORDER AND ROLL CALL: Mayor Pro Tem Rummel called the meeting to order at 6:30pm, and the City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Pandaleon (present), Alderman Morris, Alderman Karras, Alderman Rummel, Alderman Notz, Alderman Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber. Absent: none CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE was recited. REPORTS OF CITY OFFICERS ***Please note Mayor Pro Tem Rummel advanced the meeting. When the Mayor returned at 6:34 p.m., he proceeded with the meeting. COMMENTS BY MAYOR A. COVID 19 Financial Impact Update - Elizabeth Holleb, Finance Director Finance Director Elizabeth Holleb gave a brief update on the COVID-19 impacts on City operations and finances. Since the last update on May 18, Director Holleb noted that some City buildings have opened to the public with staggered shifts for staff. She gave an overview of the impacted sales tax revenues and income tax revenues. She further discussed that the Capital Improvement Fund will be reported next month, due to the 90 day lag for sales taxes receipts. The City Council had discussion on the Kelmscott Park sale closing and the impact it will have on the TIF district for fiscal year 2022. Mayor Pandaleon made the following statement as required by the Open Meetings Act. In accordance with state statute, Mayor Pandaleon has made a determination that it was not practical or prudent to schedule an in-person City Council meeting because of the COVID-19 pandemic, which is why this June 15,2020 City Council meeting is being held remotely. COMMENTS BY CITY MANAGER A. Golf Operations Status Update - Vince Juarez, General Manager 32 Proceedings of the Monday, June 15, 2020 Regular City Council Meeting City Manager Jason Wicha introduced Deerpath Golf Course Manager, Vince Juarez. He gave a detailed update on the Deerpath Golf Course operations and the impacts of COVID-19 during April and May. He noted that the Club was able to open on May 1, 2020 with restrictions and lessened restrictions on May 29. Mr. Juarez stated that curbside delivery and online ordering are available and that the Club is looking forward to opening the patio, helping increase overall revenue as well as increasing the rounds of golf that could be played. The City Council had discussion on the concession hours at the beach. The City Council commended Vince and his team for the work they have done to maintain safety and revenues at the Club. B. Community Spot Light - CROYA Celebrates 40 Years a. Todd Nahigian CROYA Manager - “Spirit of CROYA” Margot Martino Essay Contest a. Haley Banta, Scholarship Recipient b. Ava Manelis, Scholarship Recipient City Manager Jason Wicha introduced Todd Nahigian, CROYA Manager. Mr. Nahigian thanked both Alderman Moreno, and Alderman Karras as the CROYA liaisons for their work with the organization. He gave a brief history of CROYA and thanked the founding members of the organization. He noted CROYA’s 40th Anniversary which took place on Jun 6, 2020. He reported on plans for the CROYA end of the year celebration scheduled to take place on Saturday, August 29 from 5:00 pm – 9:00 pm, if the State of Illinois moves forward with allowing large gatherings. Mr. Nahigian then introduced the first scholarship recipient, Haley Banta, who served as the CROYA Youth Chairman during her senior year of high school. Haley Banta recited her award winning essay to the City Council. Mr. Nahigian introduced the second scholarship recipient, Ava Manelis, who served as the Graphic Design Chair on the Youth Executive Committee during her senior year. Ava Manelis recited her award winning essay to the City Council. Mr. Nahigian thanked both recipients for their presentations, and thanked the community for 40 years of support. The City Council thanked Todd for his work with organizing CROYA events and working with the students involved. City Manager Jason Wicha made a brief announcement of the July 6, 2020 regular City Council meeting being canceled. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Members of the public can provide public comment by calling into the following number during the meeting: 847-810-3643 COMMITTEE REPORTS FINANCE COMMITTEE 33 Proceedings of the Monday, June 15, 2020 Regular City Council Meeting 1. Consideration of the Annual Appropriation Ordinance for FY2021 and Approval of Rollovers (First Reading) Finance Director Elizabeth Holleb presented the annual appropriation ordinance and explained that the additional fund rollovers that are included in the FY20 budget are from projects that were not started or completed in the previous fiscal year. She summarized that this ordinance is asking for those funds to be carried over into FY21 so that the project can be completed. She explained that a public hearing must also be completed in concurrence with this passing for final approval. COUNCIL ACTION: Consideration of the Annual Appropriation Ordinance for FY2021 and Approval of Rollovers (First Reading) Alderman Bushchmann made a motion to approve First Reading of the Annual Appropriation Ordinance for FY2021 and Approval of Rollovers, seconded by Alderman Preschlack. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approve the Extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting 2. Approval of the June 1, 2020 City Council Meeting Minutes 3. Approval of a Resolution for the Student Members of the Executive Board at CROYA 4. Approval to enter into a Three-Year Professional Services Agreement (with a two-year renewal option) with Automated Merchant Systems to provide credit card processing services 5. Approval of an Ordinance amending City Code Section 38 Related to Purchasing (Waive First Reading and Grant Final Approval) 6. Approve the Purchase of Dual Band Capable Portable Radios for the Fire Department from state bid vendor Motorola Solutions 7. Award of Proposal to Thelen Materials, LLC. for a Three-Year Compost Center Transferring Agreement for the Sum of $109,000 per Year 8. Authorization for the City Manager to enter into a Professional Services Agreement with Strand Associates and Donahue & Associates, Inc. for Professional Water Plant Engineering Services 9. Award of Proposal to McMahon Associates for the Water Distribution Study & Watermain Replacement Prioritization Plan in the Amount of $36,400 COUNCIL ACTION: Approval of the nine (9) Omnibus items as presented Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately. Seeing none, he asked for a motion. 34 Proceedings of the Monday, June 15, 2020 Regular City Council Meeting Alderman Bushchmann made a motion to approve the nine (9) Omnibus items as presented, seconded by Alderman Weber. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES OLD BUSINESS NEW BUSINESS 1. Approval of an Amended and Restated Intergovernmental Service Agreement between the City of Lake Forest and the Village of Lake Bluff City Manager Jason Wicha reported on the proposed amended intergovernmental agreement between The City of Lake Forest and The Village of Lake Bluff, noting changes reflect services provided and the billing section for emergency medical services. COUNCIL ACTION: Approval of an Amended and Restated Intergovernmental Service Agreement between the City of Lake Forest and the Village of Lake Bluff Alderman Rummel made a motion to approve an Amended and Restated Intergovernmental Service Agreement between the City of Lake Forest and the Village of Lake Bluff, seconded by Alderman Weber. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS Alderman Weber stated she and Alderman Karras had the opportunity to visit the Fire Department and see the new fire engine and present them a cake on behalf of the City Council. Mayor Pandaleon thanked City Staff for being flexible and accommodating the demonstration that took place in Market Square. ADJOURNMENT There being no further business Mayor Pandaleon asked for a motion. Alderman Rummel made a motion to adjourn, seconded by Alderman Buschmann. Motion carried unanimously by voice vote at 7:52 pm. Respectfully Submitted Margaret Boyer, City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 35 9120127 .v2 .ACTIVE FIRST AMENDMENT TO FIBER OPTIC FACILITIES LICENSE AGREEMENT This First Amendment (“Amendment”) dated as of this ___ day of ___________ (“Effective Date”) is by and between ABBOTT LABORATORIES, an Illinois corporation (“Abbott”) and THE CITY OF LAKE FOREST, an Illinois home rule municipality (“Lake Forest”), (collectively the “Parties”). RECITALS WHEREAS, on August 18, 2008, the Parties entered into an agreement entitled the “Fiber Optic Facilities License Agreement” (“Agreement”); and WHEREAS, pursuant to the Agreement, Abbott granted Lake Forest a revocable license to use one of the ducts in Abbott’s underground facilities located in and around Conway Farms, Route 43 and Route 60 for Lake Forest’s fiber optic cable equipment; and WHEREAS, the term of the Agreement expires on August 30, 2022 and the Parties, having agreed that the Agreement has been mutually beneficial for each Party, now seek to extend the term of the Agreement an additional ten (10) years and otherwise retain the same terms and conditions; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged, the Parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated into and are made a part of this Amendment. 2. Term. Paragraph 2 of the Agreement is amended by deleting the expiration date “30th day of August, 2022” and inserting “30th day of August, 2032.” 3. Notices. The notice addresses for Abbott and the City in paragraph 12 of the Agreement shall be deleted and replaced with the following new notice addresses: Abbott Laboratories Department 315, Bldg. AP52S 200 Abbott Park Road Abbott Park, Illinois 60064 3537 Attention: Senior Director of Corporate Real Estate With copy to: Abbott Laboratories Legal Regulatory Department 32RC, Bldg. AP6A-1 100 Abbott Park Road 36 9120127 .v2 .ACTIVE Abbott Park, Illinois 60064 Attention: Real Estate Matter City of Lake Forest 220 East Deerpath Avenue Lake Forest, Illinois 60045 Attn: City Manager Jason Wicha 4. Alternative Dispute Resolution. Paragraph 27 of the Agreement is hereby amended as follows (deletions in strikethrough, additions in bold and underline): 27. Alternative Dispute Resolution. Notwithstanding anything to the contrary contained in this License, the Parties recognize that bona fide disputes may arise which relate to the parties’ rights and obligations under this License. Prior to a party initiating litigation arising from such a dispute, the parties agree that any such dispute shall be submitted to non-binding resolved by Alternative Dispute Resolution (“ADR”) in accordance with the procedure set forth in Exhibit B. 5. Alternative Dispute Resolution Exhibit. The Alternative Dispute Resolution (“ADR”) set forth in Exhibit B shall be deleted and replaced with the procedure attached hereto as Exhibit B. 6. Remaining Terms Unchanged. Except as changed by this Amendment, all other terms and conditions in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the Effective Date. ABBOTT LABORATORIES THE CITY OF LAKE FOREST By: __________________________ By: __________________________ Its: __________________________ Its: __________________________ 37 9120127 .v2 .ACTIVE EXHIBIT B ALTERNATIVE DISPUTE RESOLUTION The Parties recognize that from time to time a dispute may arise relating to either Party’s rights or obligations under this Agreement. The Parties agree that any such dispute shall first be submitted to the Alternative Dispute Resolution (“ADR”) provisions set forth in this Exhibit before initiating litigation, the result of which shall not be binding upon the Parties. To begin the ADR process, a Party first must send written notice of the dispute to the other Party for attempted resolution by good faith negotiations between their respective presidents (or their designees) of the affected subsidiaries, divisions, or business units within twenty-eight (28) days after such notice is received (all references to “days” in this ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days after the notice of dispute, or if the Parties fail to meet within such twenty-eight (28) days, either Party may initiate an ADR proceeding as provided herein. The Parties shall have the right to be represented by counsel in such a proceeding. 1. To begin an ADR proceeding, a Party shall provide written notice to the other Party of the issues to be resolved by ADR. Within fourteen (14) days after its receipt of such notice, the other Party may, by written notice to the Party initiating the ADR, add additional issues to be resolved within the same ADR. 2. Within twenty-one (21) days following the initiation of the ADR proceeding, the Parties shall select a mutually acceptable independent, impartial and conflicts-free neutral to preside in the resolution of any disputes in this ADR proceeding. If the Parties are unable to agree on a mutually acceptable neutral within such period, each Party will select one independent, impartial and conflicts-free neutral and those two neutrals will select a third independent, impartial and conflicts-free neutral within ten (10) days thereafter. None of the neutrals selected may be current or former employees, officers or directors of either Party, its subsidiaries or affiliates. 3. No earlier than twenty-eight (28) days or later than fifty-six (56) days after selection, the neutral(s) shall hold a hearing to resolve each of the issues identified by the Parties. The ADR proceeding shall take place at a location agreed upon by the Parties. If the Parties cannot agree, the neutral(s) shall designate a location other than the principal place of business of either Party or any of their subsidiaries or affiliates. 4. At least seven (7) days prior to the hearing, each Party shall submit the following to the other Party and the neutral(s): a. a copy of all exhibits on which such Party intends to rely in any oral or written presentation to the neutral; b. a list of any witnesses such Party intends to call at the hearing, and a short summary of the anticipated testimony of each witness; 38 9120127 .v2 .ACTIVE c. a proposed ruling on each issue to be resolved, together with a request for a specific damage award or other remedy for each issue. The proposed rulings and remedies shall not contain any recitation of the facts or any legal arguments and shall not exceed one (1) page per issue. The Parties agree that neither side shall seek as part of its remedy any punitive damages. d. a brief in support of such Party’s proposed rulings and remedies, provided that the brief shall not exceed twenty (20) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. Except as expressly set forth in subparagraphs 4(a) - 4(d), no discovery shall be required or permitted by any means, including depositions, interrogatories, requests for admissions, or production of documents. 5. The hearing shall be conducted on two (2) consecutive days and shall be governed by the following rules: a. Each Party shall be entitled to five (5) hours of hearing time to present its case. The neutral shall determine whether each Party has had the five (5) hours to which it is entitled. b. Each Party shall be entitled, but not required, to make an opening statement, to present regular and rebuttal testimony, documents or other evidence, to cross- examine witnesses, and to make a closing argument. Cross-examination of witnesses shall occur immediately after their direct testimony, and cross- examination time shall be charged against the Party conducting the cross- examination. c. The Party initiating the ADR shall begin the hearing and, if it chooses to make an opening statement, shall address not only issues it raised but also any issues raised by the responding Party. The responding Party, if it chooses to make an opening statement, also shall address all issues raised in the ADR. Thereafter, the presentation of regular and rebuttal testimony and documents, other evidence, and closing arguments shall proceed in the same sequence. d. Except when testifying, witnesses shall be excluded from the hearing until closing arguments. e. Settlement negotiations, including any statements made therein, shall not be admissible under any circumstances. Affidavits prepared for purposes of the ADR hearing also shall not be admissible. As to all other matters, the neutral(s) shall have sole discretion regarding the admissibility of any evidence. 6. Within seven (7) days following completion of the hearing, each Party may submit to the other Party and the neutral(s) a post-hearing brief in support of its proposed rulings and remedies, provided that such brief shall not contain or discuss any new evidence and shall 39 9120127 .v2 .ACTIVE not exceed ten (10) pages. This page limitation shall apply regardless of the number of issues raised in the ADR proceeding. 7. The neutral(s) shall rule on each disputed issue within fourteen (14) days following completion of the hearing. Such ruling shall adopt in its entirety the proposed ruling and remedy of one of the Parties on each disputed issue but may adopt one Party’s proposed rulings and remedies on some issues and the other Party’s proposed rulings and remedies on other issues. The neutral(s) shall not issue any written opinion or otherwise explain the basis of the ruling. 8. The neutral(s) shall be paid a reasonable fee plus expenses. These fees and expenses, along with the reasonable legal fees and expenses of the prevailing Party (including all expert witness fees and expenses), the fees and expenses of a court reporter, and any expenses for a hearing room, shall be paid as follows: a. If the neutral(s) rule(s) in favor of one Party on all disputed issues in the ADR, the losing Party shall pay 100% of such fees and expenses. b. If the neutral(s) rule(s) in favor of one Party on some issues and the other Party on other issues, the neutral(s) shall issue with the rulings a written determination as to how such fees and expenses shall be allocated between the Parties. The neutral(s) shall allocate fees and expenses in a way that bears a reasonable relationship to the outcome of the ADR, with the Party prevailing on more issues, or on issues of greater value or gravity, recovering a relatively larger share of its legal fees and expenses. 9. Except as provided in paragraph 9 or as required by law, the existence of the dispute, any settlement negotiations, the ADR hearing, any submissions (including exhibits, testimony, proposed rulings, and briefs), and the rulings shall be deemed Confidential Information. The neutral(s) shall have the authority to impose sanctions for unauthorized disclosure of Confidential Information. 10. All ADR hearings shall be conducted in the English language. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 21st day of July, 2020, by and between the THE CITY OF LAKE FOREST, an Illinois home rule municipality ("City") and JASON C. WICHA ("Employee"). WHEREAS, the City desires to secure the Employee’s services as the City Manager under the terms, provisions, and conditions set forth in this Agreement; and WHEREAS, Employee desires to accept employment with the City under the terms, provisions, and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the recitals set forth above, the promises and agreements in this Agreement, and other valuable consideration, the parties agree as follows: Section 1. Employment and Duties. The City agrees to employ Employee as City Manager, and Employee agrees to accept employment as City Manager, with a start date of January 28, 2019. Employee agrees to perform all duties of the City Manager as set forth in the City Charter, the City Code, and Illinois statute, as well as other duties that may be assigned to Employee by the Mayor and City Council from time-to-time. Section 2. Term. Employee will serve as City Manager for an indefinite term at the pleasure of the Mayor and City Council. Nothing in this Agreement will prevent, limit, or otherwise interfere with the right of the Mayor and City Council to terminate the employment of the Employee at any time, with or without cause, subject only to the provisions of this Agreement. Moreover, nothing in this Agreement will prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from his position as City Manager, subject only to the provisions of this Agreement. Section 3. Termination and Severance Pay. A. Termination without Cause. The City may terminate this Agreement and remove Employee, without cause, subject to payment of severance as provided by this Subsection 3.A. Termination without cause is defined as termination of Employee’s employment for any reason other than as defined in Subsection 3.B below. If Employee is terminated by the Mayor and City Council without cause, Employee will be entitled to a lump sum cash payment equal to six months’ base salary. The City will continue to provide health insurance benefits as provided for in this Agreement for six months or until Employee obtains health insurance coverage elsewhere, whichever is less. In exchange for the severance payment, Employee agrees to execute all waivers and releases that the City customarily requires of employees upon separation of employment with the City, including waivers and releases of specific statutory rights after required waiting periods. B. Termination with Cause. The City may terminate this Agreement and remove Employee with just cause. If Employee is terminated by the Mayor and City Council for just cause, Employee will not be entitled to any severance payment. Termination with just cause is defined as termination of Employee’s employment for conviction of any felony, conviction of any crime 56 2 involving moral turpitude damaging the integrity of the City, or official misconduct as defined by Illinois statutes. C. Resignation. If Employee voluntarily resigns from his position as City Manager, Employee must give the City a minimum of three months advance notice in writing, unless otherwise modified by the Mayor and City Council. D. Disability. If Employee becomes disabled or is otherwise unable to perform his duties with reasonable accommodation because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks or for 20 working days over a 30 working day period, following exhaustion of any accrued sick leave, the City has the option to terminate this Agreement unless otherwise prohibited by applicable law, subject to termination and severance requirements. E. Payout of Accrued Leave. Upon any termination of Employee under this Section 3, Employee will be entitled to compensation for any accrued but unused vacation or other leave time in the manner required by law and as set forth in the City’s then-applicable Personnel Policies and Procedures. Section 4. Compensation and Benefits. A. Base Salary. The City agrees to pay Employee a base salary of Two Hundred Thousand Dollars ($205,000.00), payable in installments in accordance with the City’s normal payroll practices. The base salary may be adjusted from time-to-time as the Mayor and City Council, in their sole discretion, may determine without having to amend this Agreement. B. Bonus. The City reserves the right to recognize and reward successful performance and may, at the time of evaluation or at any other time, and in the City’s sole discretion, pay Employee such additional bonus compensation as the City deems appropriate. C. Deferred Compensation. The City agrees to execute all necessary documents for the Employee’s participation in an ICMA-RC deferred compensation plan (“Plan”). The City agrees to pay an amount equal to 8.75% of the Employee’s base salary into the Plan on Employee’s behalf, in equal proportionate amounts each pay period. D. Health Insurance Benefits. Employee is eligible and entitled to participate in the City’s medical and dental insurance program on the same terms applicable to other City management employees from time-to-time. E. Life Insurance Benefits. Employee will receive the same life insurance benefits received by all City management employees from time-to-time. F. IMRF. Employee will be eligible to enroll in the Illinois Municipal Retirement Fund (“IMRF”) pursuant to its terms and provisions, and the City will make the employer’s contribution. 57 3 G. Professional Development. In order to maintain Employee’s professional standing and continued education, the City agrees to pay the reasonable cost of Employee's dues in professional associations and other reasonable expenses of professional development, and attendance at state and national city management conferences. Section 5. Vacation, Sick Leave, Holidays, and Personal Days. A. Vacation. On Employee’s start date, Employee will receive 40 hours of vacation leave. For the remainder of Employee’s first calendar year of employment, Employee will receive 6.15 hours of vacation leave per pay period. In the second and subsequent years, Employee will receive 6.46 hours of vacation leave per pay period, equivalent to four weeks per year. B. Sick Leave. On Employee’s start date, Employee will receive 40 hours of sick leave. Thereafter, Employee will be eligible for the same sick leave benefits received by City management employees from time-to-time, up to 96 hours per year. C. Holidays and Personal Days. The Employee will receive the same holidays and personal days each calendar year as received by City management employees from time-to-time. D. Policies on Use and Accrual of Leave. Employee’s use and accrual of vacation leave, sick leave, holidays, and personal days will be subject to the rules and policies contained in the then-applicable City’s Personnel Policies and Practices. Section 6. Relocation and Residency. A. Residency. The City and Employee agree that residency in the City is a condition of employment under this Agreement. B. C. Lake Forest Residence Loan. 1. In recognition of the expenses involved in residing in Lake Forest, the City agrees to provide a loan (“Loan”) to Employee in the amount of $200,000.00 for a portion of the purchase price of a residence purchased by Employee in Lake Forest (“Lake Forest Residence”). The Loan will be without interest. The City will pay this sum as directed by Employee on the date of closing of the Lake Forest Residence. The Loan will be evidenced by a promissory note (“Note”), which Note must be made by the Employee and any co- owner of the Lake Forest Residence. 2. The Loan will be due and payable upon the earlier of (a) the date of closing of the sale or other transfer by Employee and/or a co-owner of any of their interest in the Lake Forest Residence or (b) the date that is nine months after the termination of the Employee’s employment as City Manager under this Agreement, whether voluntary or involuntary, with or without cause or (c) 25 years from the effective date of the Note. 58 4 3. The provisions of this Subsection 6.C will survive the termination of this Agreement. D. Section 7. Performance Evaluation. The Mayor and City Council will review and evaluate the performance of the Employee at least once annually. At a minimum, the performance evaluation process will include a written evaluation of the work performance during the previous rating period, a review of Employee’s goals and performance objectives for the next rating period, and a written summary of the evaluation results. Section 8. Exclusive Employment. Employee’s position as City Manager will be his sole employment. Section 9. Other Terms and Conditions of Employment. All provisions of the City Charter, the City Code, the City’s Personnel Policies and Practices, and other rules or policies of the City as they now exist or may be amended from time-to-time will also apply to the Employee as they would to other employees of the City, except as expressly set forth in this Agreement. Section 10. Indemnification. The City agrees to defend, save harmless and indemnify Employee against any tort, professional liability claim, or demand or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Manager. The City will have the right to compromise and settle any such claim or suit and thereupon pay the amount of any settlement or judgment rendered thereon. Section 11. Attorney Review. Employee acknowledges that he has been informed by the City, through the terms of this Agreement, that he was advised to review and discuss the terms of this Agreement with an attorney of his choice prior to signing this Agreement. Section 12. General Provisions. This Agreement constitutes the entire Agreement between the parties and it will be binding upon and inure to the benefits of the heirs, executors, successors and assigns of the parties. This Agreement may only be amended by written instrument executed by both parties, and each provision of this Agreement will be deemed severable. Neither party may assign their rights or obligations under this Agreement without the express written consent of the other party. This agreement supersedes all prior agreements between the parties regarding the matters herein set forth. This Agreement will be construed under the laws of the State of Illinois. Section 13. Notices. Any notice required under this Agreement will be deemed given when deposited in the U.S. mail to the following: City: Mayor City Hall, The City of Lake Forest 220 E Deerpath Rd Lake Forest, Illinois 60045 59 5 Employee: Jason C. Wicha _________________________ _________________________ IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF LAKE FOREST, a home rule municipality ATTEST: By ________________________________ Mayor ________________________________ City Clerk JASON C. WICHA 60 61 62 63 64 65