CITY COUNCIL 01/03/2012
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Tuesday, January 3, 2012 7:30 p.m.
City Hall Council Chambers
CALL TO ORDER AND ROLL CALL
Honorable James J. Cowhey, Jr., Mayor
Kent Novit, Alderman First Ward Thomas Morsch, Jr., Alderman Third Ward
Catherine Waldeck, Alderman First Ward Donald Schoenheider, Alderman Third Ward
David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS 7:30 p.m.
1. Comments by Mayor
A. Appointment of Steve Hill to Parks & Recreation Board
Volunteer Profile Sheet beginning on page 8.
RECOMMENDED ACTION: Approve appointment.
B. Resolution of Appreciation for Dan Marinic for serving on Park & Recreation
Board
C. Resolution of Appreciation for Larry Spires for 32 Years of Service
Copies of Resolutions beginning on page 14.
2. Comments by City Manager 7:45 p.m.
A. 2012 Community Issues
Material beginning on page 16.
3. Council Committee Reports 8:00 p.m.
A. Legal Committee Report- Alderman Palmer
1. An Ordinance Related to the use of Electronics While Driving (First Reading)
PURPOSE AND ACTION REQUESTED: Staff requests first reading of the selected ordinance.
BACKGROUND/DISCUSSION: The Legal Committee first discussed consideration of an
ordinance related to the use of Electronics while driving on 26 October, 2011. While providing
1
January 3, 2012 Agenda
the Legal Committee update at the 5 December, 2011 Committee of the Whole meeting,
direction was given to staff to further review and bring forward options regarding this topic.
Tonight, during the Committee of the Whole meeting, staff presented 3 options that may
curtail this growing problem:
Option 1) Continue to enforce current Illinois laws regarding distracted driving but with
greater enforcement
Option 2) Adopt a hands free ordinance (copy on page 18)
Option 3) Adopt a distracted driving ordinance (copy on page 21)
RECOMMENDED ACTION: If appropriate and should the City Council desire, approval of the
first reading of a Hands Free Ordinance by the Council.
B. Public Works Committee Report- Alderman Novit
1. Early F.Y. 2013 Capital Equipment Purchase: Award of Bids for the
Replacement of a Recycling Truck
PRESENTED BY MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award two bids for the
purchase of a replacement recycling truck. Funds to replace the truck are included in the
F.Y. 2013 Capital Equipment Replacement Program. With long production schedules for both
the chassis and refuse body companies, the City does not anticipate receiving this new truck
until late June / early July, 2012. Staff would like this vehicle delivered in time to be used as
the remaining 65-gallon recycling carts are delivered in summer, 2012.
BACKGROUND/DISCUSSION: The current unit, a Volvo chassis with a Kann Co-Collector refuse
body, has been used to collect recyclables since it was placed into service on October 3,
2001. It has accrued over 15,000 operating hours and 101,500 miles. The replacement truck
will have an automatic cart tipper system to speed up collection of the new 65-gallon
recycling carts. The tipper system can be removed in less than five minutes, therefore
allowing the truck to be used for collection of either yard or solid waste. Year-to-date, Fleet
Maintenance has spent over $184,000 on maintenance of this unit. The truck body currently is
in need of a new floor, the compactors need to be rebuilt, and there is significant fatigue and
cracks throughout the body’s lift frame. Due to a significant lean when the body is lifted and
in the dump mode, Sanitation personnel have been instructed to only place material in the
lower compartment, thereby reducing the total amount of material the truck can hold with
each load. Finally, Fleet Maintenance installed a rebuilt transmission two years ago after the
original trans had a complete failure while on the route.
On December 22, 2011, the following bids were received:
Chassis Dealer Make Base Price Trade-In Net
Standard Equipment Autocar ACX $164,033 $11,500 $152,533
Stoops Freightliner Autocar ACX $174,980 $10,500 $164,480
Great Lakes Service Center Autocar ACX $169,250 $ 0 $169,250
Body Manufacturer Make Base Price Trade-In Net
2
January 3, 2012 Agenda
Rantoul Truck Center New Way Mammoth $139,926 $ 0 $139,926
McNeilus Atlantic 4029 $152,695 $ 0 $152,695
BUDGET/FISCAL IMPACT: Staff is recommending the chassis be purchased from the low bid
vendor, Standard Equipment. The New Way Mammoth body did not meet several
specifications to include the overall steel standards (hardness, thickness, strength, durability)
for the body, hopper, and tailgate construction. The hydraulic cylinders are smaller than
what was specified, therefore providing less compaction for each load. All but one of the
City’s refuse fleet is comprised of McNeilus rear and front load refuse trucks. The City has
experienced excellent success with the McNeilus products in both longstanding wear and
responsive parts delivery and service when needed
F.Y. 2013
Funding Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General 321-5001-450-75-49 $305,000 $305,228 Y
RECOMMENDED ACTION: Staff recommends that City Council award the chassis to the low
bidder, Standard Equipment, in the net amount of $152,533. In addition staff recommends
that City Council award the body manufacturer bid to the lowest responsive bidder, McNeilus,
in the amount of $152,695. The complete truck is $228 over the budgeted amount of $305,000.
The difference will be paid by savings realized in other F.Y. 2013 general fund equipment
purchases.
2. Early F.Y. 2013 Capital Equipment Purchase: Request to Waive the Bidding
Process and Purchase a Curotto-Can® for an Existing Front-Load Refuse
Truck
PRESENTED BY MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase
an automatic cart tipper for the recycling cart program. The request is to modify the City’s
existing front-load refuse truck with an apparatus that will speed up collection of the recycling
carts. By ordering the Curotto-Can® now, it will be ready for installation in late March / early
April.
BACKGROUND/DISCUSSION: Half of the City’s households currently have the 65-gallon
recycling carts. The remaining half of the homes will receive a cart in early-mid-summer,
depending upon potential receipt of the State’s DCEO grant and cart production schedules.
The Curotto-Can® is included in the proposed F.Y. 2013 Capital Equipment Replacement
program that was provided in the November 21, 2011 budget meeting packet. Staff
reviewed the proposed purchase at the December 19, 2011 Public Works Committee
meeting and received support for the early purchase.
The Curotto-Can® is manufactured in Sonoma, California and is widely used by waste haulers
throughout the U.S. and abroad. Any warranty work would be addressed at the McNeilus
facility in Sugar Grove, Illinois
BUDGET/FISCAL IMPACT: Collection of the carts with the current semi-automated system
takes more time than manually dumping the 18-gallon bins. The proposed modification to
3
January 3, 2012 Agenda
the City’s front-load refuse truck will automate the collection and reduce the time at each
home from thirteen to nine seconds (a 31% enhancement). Once the collector becomes
more proficient with operating the Curotto-Can®, collection times could decrease to six or
seven seconds per stop. Time saved on each of the two daily routes will be put towards
assisting with the yard waste collection and maintenance at the Compost Center.
The Curotto-Can® will also have an automatic tarp system that will eliminate debris coming
out of the container while in the dump mode; this will further reduce litter throughout the
neighborhoods.
FY2013
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General 321-5001-450-75-49 $31,000 $30,879 Y
RECOMMENDED ACTION: Staff recommends that City Council waive the bidding process and
authorize the purchase of a Curotto-Can® in the amount of $30,879. This is $121 under the
budgeted amount of $31,000 in the F.Y. 2013 Capital Equipment Budget.
4. Comments by Council Members 8:30 p.m.
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
CONSENT AGENDA 8:40 p.m.
1.
Check Register For Period November 26, 2011 - December 30,
2011
Fund Invoice Payroll Total
General 461,006 1,163,411 1,624,417 101
Water & Sewer 68,839 128,933 197,772 501
Parks & Recreation 233,189 291,048 524,237 220
Capital Improvements 1,041,177 5,312 1,046,490 311
Bond Funds - Projects 0
0 320
Motor Fuel Tax 624,599
624,599 202
Cemetery 31,992 16,955 48,947 230
Senior Resources 12,416 18,834 31,250 210
Deerpath Golf Course 11,379 44,645 56,025 510
Fleet 111,160 43,377 154,537 601
Debt Funds 4,343,525
4,343,525
416 -
431
Housing Trust 0
0 248
Park & Public Land 3,368
3,368 201
All other Funds 534,280 156,979 691,259
$7,476,931
$1,869,494
$
9,346,425
4
January 3, 2012 Agenda
2. Approval of Resolution required for Bank Purposes
Lake Forest Bank and Trust Company requires the attached Resolution to be approved
by the City Council. The revised Resolution is due to staff changes in the Finance
Department. A copy of the resolution is attached on page 24.
3. Approval of the Minutes from the December 5, 2011 Regular City Council Meeting
A copy of the minutes is attached beginning on page 25.
RECOMMENDED ACTION: Approve consent agenda as presented.
ORDINANCES 8:45 p.m.
NEW BUSINESS 8:50 p.m.
1. Consideration of a Resolution Accepting a Donation from The Negaunee Foundation
Pertaining to the Elawa Farm Caretaker’s Cottage and support of the Wildlife Discovery
Center
PRESENTED BY MARY VAN ARSDALE, DIRECTOR OF PARKS AND RECREATION
PURPOSE AND ACTION REQUESTED: Approve a Resolution that accepts a pledge from The
Negaunee Foundation totaling $150,000 over three years to help fund the Curator Cottage
rent at Elawa Farm and assist with the Wildlife Discovery Center’s operational expenses.
BACKGROUND/DISCUSSION: In 2008 City Council accepted this same gift from The
Negaunee Foundation that required that the Curator of the Wildlife Discovery Center,
currently Rob Carmichael, to reside on Elawa Farm in order to monitor the facility and tend to
the care and safety associated with the wildlife housed at the farm and provided for a gift to
help with operational expenses of the Wildlife Discovery Center. The initial three-year
agreement, which was crafted by Holland & Knight, expired in May 2011 and the attached
documents reinstate the 3-year arrangements through May 2014. All parties have signed the
documents and seek approval from City Council to accept the gift and actuate the
agreements.
There are four documents associated with this agreement and include: The Negaunee
Foundation commitment letter (outlines the conditions related to their $150,000 donation), the
Memorandum of Understanding Between the Friends of Lake Forest Parks and Recreation
Foundation (financial arrangements for routing the funds via the Park Foundation to the City),
Elawa Farm Cottage Agreement (defines the City’s expectations to the tenant and the rent
funding sources), and the Resolution Accepting the Donation (City’s agreement to accept
The Negaunee Foundation donation). All of the documents remained the same as 2008 with
the exception of the Elawa Farm Cottage Agreement. Documents beginning on page 36.
5
January 3, 2012 Agenda
The Elawa Farm Cottage Agreement was modified slightly related to the rent total and
adjustments to the curator’s responsibilities at the Elawa Farm. Since it was three years ago
that the cottage monthly rent was established, City staff invited three realtors this past fall to
reassess the rent value for the property. They recommended a slight increase in the monthly
rent from approximately $1,688 to $2,000 or $24,000 annually. Negaunee agreed to maintain
their same level of support ($20,245.08 annually) and the Recreation Fund 220 will fund the
increased difference ($3,754.92 annually). Also, with the increased usage of Elawa Farm over
the past three years, it was also determined that it was beneficial to modify the day-time
responsibilities (Curator versus day porter duties) to achieve the support necessary during
peak operational hours and yet ensure security of the facility 24/7.
This funding partnership has been a great benefit to the City, and more importantly to the
residents of Lake Forest. It is through this generosity that we have been able to enrich the
community through the many programs and services offered by the Wildlife Discovery Center
and activities at Elawa Farm.
RECOMMENDED ACTION: Approve the Resolution accepting a $150,000 donation, payable
over three years, from the Negaunee Foundation pertaining to the Elawa Farm Curator’s
Cottage and operational support of the Wildlife Discovery Center.
2. Approval of an Intergovernmental Agreement Establishing the North Shore
Electricity Aggregation Consortium between and among the Cities of Lake Forest,
Highland Park, and Park Ridge, and the Villages of Deerfield, Glencoe, Lake Bluff
Northbrook and Skokie.
PRESENTED BY CARINA WALTERS, ASSISTANT CITY MANAGER
PURPOSE AND ACTION REQUESTED: Staff seeks approval of an Intergovernmental Agreement
establishing the North Shore Electricity Consortium. Copy beginning on page 49.
BACKGROUND/DISCUSSION: At its November 21, 2011 David Grumhaus, Chairman and
Alderman Palmer of the City’s Electrical Aggregation sub-committee presented the benefits
of electrical aggregation to the City Council. You might recall from the presentation, that on
August 10, 2009, Governor Quinn signed into law Public Act 96-176, amending the Illinois
Power Agency Act (“Act”) to allow municipalities to arrange for the provision of electricity to
residential and small commercial retail customers by alternative electric suppliers (instead of
ComEd). Under the new law, the City may seek bids for the provision of aggregate electricity
supply services to these customers, in hopes that the selected rate will be lower than the
standard rate offered by ComEd.
That evening the City Council approved the initiation of an “opt-out” program authorizing the
placement of a public question on the March 20, 2012 primary election ballot.
Staff has collaborated with Highland Park, Park Ridge, Skokie, Deerfield, Northbrook, Lake Bluff
and Glencoe who are interested in signing an Intergovernmental Agreement to
collaboratively work through the municipal aggregation process. Each party will operate a
separate electricity aggregation program for its residents. The parties have individually and
collectively determined that combining the bidding and contracting process to obtain the
supply of electric power for their Electricity Aggregation Programs could provide potential
6
January 3, 2012 Agenda
savings through a joint project bid. As of January 3, 2012, The City of Lake Forest is the last of
the municipalities to approve the IGA.
RECOMMENDED ACTION: If appropriate, and should the City Council desire to approve the
proposed Intergovernmental Agreement Establishing the North Shore Electricity Aggregation
Consortium between and among the Cities of Lake Forest, Highland Park and Park Ridge, and
the Villages of Deerfield, Glencoe, Lake Bluff Northbrook and Skokie.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 9:10 p.m.
Office of the City Manager December 30, 2011
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.
7
8
9
10
11
12
13
RESOLUTION OF APPRECIATION
WHEREAS
Dan Marinic
Has served The City of Lake Forest as a member of the
Parks & Recreation Board
March 2010 to November 2011
WHEREAS, he has devoted much valuable time and personal attention to the work of
this commission and, on behalf of the citizens of Lake Forest, continually met his
responsibilities with purpose and dedication; and
WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the
valuable time and service he contributed to the preservation and improvement of the
quality of life in our community by serving on this commission;
NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest,
Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Dan
Marinic for the loyal and faithful public service he has given by means of this resolution,
which shall be spread upon the permanent records of the City Council.
Adopted by the City Council of
The City of Lake Forest this
Third day of January, 2012.
______________________________
Mayor
14
RESOLUTION
2011-____
WHEREAS, G. LARRY SPIRES has been a dedicated employee of The City of Lake Forest
since January 2, 1979; and
WHEREAS, G. LARRY SPIRES will honorably retire from the City on December 31, 2011;
and
WHEREAS, G. LARRY SPIRES served as a Community Service Officer and during his
dedicated career he became the first Certified Evidence Officer for the department; he received no less
than twenty six Letters of Appreciation from residents; and on January 1, 2003 he received a Department
Commendation Award for his work in discovering a parking collection theft by a bank employee;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST that the Council, on behalf of the administration and residents of the community,
hereby expresses its appreciation and gratitude to G. LARRY SPIRES for a public service faithfully
performed; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy
of this resolution duly signed by the Mayor to G. LARRY SPIRES this 3rd day of January 2012.
Mayor
15
•Strategic Plan
•Hospital Expansion
•Rail Service and Safety
Improvements
•Financial Acumen
(Thoughtful Financial Planning)
16
•Live, Work, Play Campaign
•Settlers Square
Improvements
•Diversity of Housing
•Community Connections
17
THE CITY OF LAKE FOREST
ORDINANCE NO. 12-__
AN ORDINANCE AMENDING CHAPTER 40 OF
THE CITY CODE OF THE CITY OF LAKE FOREST
REGARDING THE USE OF WIRELESS TELEPHONES
AND ELECTRONIC DEVICES WHILE DRIVING
WHEREAS, Chapter 40 of the City Code of The City of Lake Forest (the "City Code"), sets forth
general traffic rules and regulations applicable to the operation of motor vehicles and the use of streets
within the City; and
WHEREAS, the use of wireless telephones and electronic communications devices has become
pervasive within the City and the Chicago metropolitan area generally; and
WHEREAS, in recognition of the public safety risks presented by using electronic devices while
driving, the General Assembly has previously prohibited, pursuant to 625 ILCS 5/12-610.2, the use of
electronic communication devices to compose, send, or read electronic communications while operating a
motor vehicle under specific circumstances; and
WHEREAS, in recognition of the public safety risks presented by using wireless telephones while
driving, the General Assembly has previously restricted, pursuant to 625 ILCS 5/12-610.1, the use of
wireless telephones while operating a motor vehicle under specific circumstances; and
WHEREAS, use of wireless telephones and other electronic devices while operating a motor
vehicle can distract drivers of such motor vehicles, thereby endangering persons and property and
otherwise presenting risks to the public health and safety; and
WHEREAS, the City Council has found that the use of wireless telephones while driving a motor
vehicle, without a hands-free device that permits the driver to use a telephone without the use of the
driver's hands, poses a threat to the general public safety, health, and welfare; and
WHEREAS, pursuant to the home rule powers of the City, the City Council has determined that it
will serve and be in the best interest of the City and its residents to amend Chapter 40 of the City Code to
prohibit the use of wireless telephones and other electronic devices while driving a motor vehicle, except
when the driver uses a hands-free device or in other limited circumstances; and
WHEREAS, the City Council has determined that it will serve and be in the best interest of the
City and its residents to amend the City Code pursuant to this Ordinance;
18
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, LAKE COUNTY, STATE OF ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a
part of, this Ordinance as the findings of the City Council.
SECTION TWO: USE OF WIRELESS TELEPHONES AND ELECTRONIC DEVICES
WHILE DRIVING. Article V, entitled "Driving while Intoxicated and Reckless Driving," of Chapter 40,
entitled “Rules of the Road,” of the City Code shall be, and is hereby, amended to modify the title of said
Article V and to add a new Section 40-1-506, entitled "Use of Wireless Telephones and Electronic
Devices While Driving," which shall hereafter be and read as follows:
Art. V DRIVING WHILE INTOXICATED, AND RECKLESS, AND NEGLIGENT DRIVING
* * *
Sec. 40-1-506 Use of Wireless Telephones and Electronic Devices While Driving.
(A) Use of Wireless Telephones and Electronic Devices While Driving
Prohibited. Except as provided in Section 40-1-506(B) of this Chapter, no person
shall drive a motor vehicle while using any wireless, mobile, cellular, analog
wireless or digital telephone, personal data assistant, or other electronic
communication device. For purposes of this Section 40-1-506, the term "using"
shall include, without limitation: (1) talking or listening to another person on the
telephone; (2) text messaging; (3) sending, reading or listening to an electronic
message; and (4) browsing the internet.
(B) Exceptions. Section 40-1-506(A) of this Chapter shall not apply to:
(1) Law enforcement officers and operators of emergency
vehicles, when on duty and acting in their official capacities;
(2) Persons using a telephone with a hands-free device that
allows the driver to talk to and listen to the other party on the telephone
without the use of the driver’s hands;
(3) Persons using a telephone, personal data assistant, or
electronic communication device for purposes of contacting or
communicating with public safety or other emergency service providers
while driving a motor vehicle; or
(4) Persons using a telephone, personal data assistant, or
electronic communication device in a motor vehicle that is in a, parked
position.
(C) Penalty. Whoever violates any provision of this Section 40-1-
506 shall be subject to Chapter 53 of the City Code, regarding Administrative
Hearings, and fined no less than $100 for the first offense, $200 for the second
offense, and $300 for each offense thereafter.
19
3
SECTION THREE: EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law; provided, however, that
this Ordinance shall not be effective prior to [DATE].
PASSED THIS ___ DAY OF ___________, 2012.
AYES:
NAYS:
ABSENT:
APPROVED THIS ___ DAY OF ___________, 2012.
Mayor
ATTEST:
City Clerk
#10837522_v2
20
THE CITY OF LAKE FOREST
ORDINANCE NO. 12-__
AN ORDINANCE AMENDING CHAPTER 40 OF
THE CITY CODE OF THE CITY OF LAKE FOREST
REGARDING DISTRACTED DRIVING
WHEREAS, Chapter 40 of the City Code of The City of Lake Forest (the "City Code"), sets forth
general traffic rules and regulations applicable to the operation of motor vehicles and the use of streets
within the City; and
WHEREAS, the use of wireless telephones and electronic communications devices has become
pervasive within the City and the Chicago metropolitan area generally; and
WHEREAS, in recognition of the public safety risks presented by using electronic devices while
driving, the General Assembly has previously prohibited, pursuant to 625 ILCS 5/12-610.2, the use of
electronic communication devices to compose, send, or read electronic communications while operating a
motor vehicle under specific circumstances; and
WHEREAS, in recognition of the public safety risks presented by using wireless telephones while
driving, the General Assembly has previously restricted, pursuant to 625 ILCS 5/12-610.1, the use of
wireless telephones while operating a motor vehicle under specific circumstances; and
WHEREAS, use of wireless telephones and other electronic devices while operating a motor
vehicle can distract drivers of such motor vehicles, thereby endangering persons and property and
otherwise presenting risks to the public health and safety; and
WHEREAS, in addition to the use of wireless telephones and other electronic devices, drivers
who engage in other inattentive behavior, including without limitation eating or drinking, the reading of
material within the motor vehicle, and personal grooming, also endanger persons and property and
otherwise presents risks to the public health and safety; and
WHEREAS, the City Council has found that drivers using wireless telephones while driving a
motor vehicle, without a hands-free device that permits the driver to use a telephone without the use of
the driver's hands, or engaging in other inattentive behaviors are driving negligently and pose a threat to
the general public safety, health, and welfare; and
21
2
WHEREAS, pursuant to the home rule powers of the City, the City Council has determined that it
will serve and be in the best interest of the City and its residents to amend Chapter 40 of the City Code to
prohibit negligent driving; and
WHEREAS, the City Council has determined that it will serve and be in the best interest of the
City and its residents to amend the City Code pursuant to this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, LAKE COUNTY, STATE OF ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a
part of, this Ordinance as the findings of the City Council.
SECTION TWO: USE OF WIRELESS TELEPHONES AND ELECTRONIC DEVICES
WHILE DRIVING. Article V, entitled "Driving while Intoxicated and Reckless Driving," of Chapter 40,
entitled “Rules of the Road,” of the City Code shall be, and is hereby, amended to modify the title of said
Article V and to add a new Section 40-1-506, entitled "Negligent Driving," which shall hereafter be and
read as follows:
Art. V DRIVING WHILE INTOXICATED, AND RECKLESS, AND NEGLIGENT DRIVING
* * *
Sec. 40-1-506. Negligent Driving.
(A) It shall be unlawful for any person to operate any vehicle upon any
street or public way negligently, or without due caution, in a manner so as to
endanger or likely to endanger any person or property.
(B) For purposes of this Section, words "negligently" and "without due
caution" shall mean without due care and caution, or without due regard to the
width, grade, corners, traffic, weather, and other attendant conditions of streets,
highways, roads, or other ways used for vehicular traffic within the City limits of
The City of Lake Forest. Without limiting the foregoing, for purposes of this
Section, it shall be presumed that a person has operated a vehicle negligently or
without due caution and is endangering or is likely to endanger persons or
property if such person is engaging in any "inattentive action" and operates the
vehicle in a manner that violates any other law or regulation governing the
movement of vehicles on any public way. “Inattentive actions” include, without
limitation, the following actions: (1) the hand, or handheld operation of telephones,
personal data assistants, computers, radios or other electronic or battery operated
communications or entertainment equipment or devices; (2) eating or drinking; (3)
the reading of material within the motor vehicle; and (4) personal grooming.
22
3
(C) The prohibition in this Section shall not be applicable to:
(1) Law enforcement officers and operators of emergency
vehicles using a telephone, personal data assistant, or electronic
communication device when on duty and acting in their official capacities;
(2) Persons using a telephone with a hands-free device that
allows the driver to talk to and listen to the other party on the telephone
without the use of the driver’s hands;
(3) Persons using a telephone, personal data assistant, or
electronic communication device for purposes of contacting or
communicating with public safety or other emergency service providers
while driving a motor vehicle; or
(4) Persons using a telephone, personal data assistant, or
electronic communication device in a motor vehicle that is in a, parked
position.
(D) Penalty. Whoever violates any provision of this Section 40-1-
506 shall be subject to Chapter 53 of the City Code, regarding Administrative
Hearings, and fined no less than $100 for the first offense, $200 for the second
offense, and $300 for each offense thereafter.
SECTION THREE: EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law; provided, however, that
this Ordinance shall not be effective prior to [DATE].
PASSED THIS ___ DAY OF ___________, 2012.
AYES:
NAYS:
ABSENT:
APPROVED THIS ___ DAY OF ___________, 2012.
Mayor
ATTEST:
City Clerk
#10839671_v2
23
24
The City of Lake Forest
CITY COUNCIL
Proceedings of the December 5, 2011 Regular Meeting
7:30 p.m. – City Hall Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Cowhey called the meeting to order at 7:30 p.m.
Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Waldeck,
Moore, Schoenheider, Palmer, Adelman. Absent: Pandaleon, Morsch. Quorum present. There
were approximately 80+ present in the audience.
Also present were: Robert Kiely, City Manager; Vic Filippini, City Attorney; Marlo Del Percio, City
Attorney; Catherine Czerniak, Director of Community Development; Kathy Reinertsen, Finance
Director; Ramesh Kanapareddy, City Engineer; Mary Van Arsdale, Director of Parks &
Recreation; Carina Walters, Assistant City Manager; Cathryn Buerger, Deputy City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
Reports of City Officers
Mayor thanked all those who came out to the Tree Lighting Ceremony it was a great success.
He also thanked Boy Scout Troop 248 for decorating the downtown area this season.
A. Year End Report from the 150th Committee
Mike Rummel and Jack Preschlack stood before Council to give a recap on the yearlong events
that took place in honor of the 150 years The City of Lake Forest has been in existence and to
thank all the families and employees for all of the donations and a job well done.
B. Resolution of Appreciation honoring Heritage Families of Lake Forest
Alderman Palmer moved, seconded by Alderman Novit to approve the Resolution. Motion
carried by voice vote.
C. Resolution of Appreciation to the 150th Anniversary Committee
Alderman Palmer moved, seconded by Alderman Novit to approve the Resolution. Motion
carried by voice vote
D. Resolution of Appreciation for Julie Carpenter for 24 Years of Service
Alderman Palmer moved, seconded by Alderman Adelman to approve the Resolution. Motion
carried by voice vote
E. Resolution of Appreciation for Elizabeth Miller for service on Plan Commission
Alderman Palmer moved, seconded by Alderman Novit to approve the Resolution. Motion
carried by voice vote
25
Proceedings of the December 5, 2011
Regular City Council Meeting
2. Comments by City Manager
Mr. Kiely advised the Council and residents that there is now free wireless at the east side train
station.
Mr. Kiely requested names of qualified individuals who would like to assist on the Wireless
Communications Task Force headed by Alderman Moore.
A. Report from City Attorney on School Resource Officer Matter
Mayor Cowhey read a statement into the record stating The City of Lake Forest has hired an
independent counsel, Leigh Jeter to review a report regarding an inappropriate conversation
allegedly held in 2008 involving a Lake Forest Police Department Student Resource Officer and
intern. Statement is available for viewing in the City Clerk’s office. Findings from the investigation
are due back to Council in January 2012.
B. Approval of a contract with KemperSports Management, Inc. for
providing consulting services and an Operations Manager for Deerpath Golf
Course
Mary Van Arsdale, Director of Parks & Recreation Staff requested City Council approval of a
contract with KemperSports Management, Inc. (KSM) for providing consulting services and an
Operations Manager for Deerpath Golf Course. For the past six months, a Golf Committee
comprised of City Alderman, Park Board members and City Staff has investigated options via a
Request for Qualifications (RFQ) and Request for Proposal (RFP) process to best address the
potential financial concerns at Deerpath Golf. These concerns are due to decreasing volume of
daily rounds and memberships and as a result of a stagnant golf and local economy. The
following is a brief timeline of the actions taken to date:
Date Action
June 2011 Golf Advisory Committee formed & RFQ distributed
July 2011 RFQ submittals and 4 companies interviewed
August 2011 Public Forum conducted
September 2011 Park Board recommended and City Council authorized
Staff to proceed with RFP Consultant/Manager search
October 2011 RFP submittals and 2 companies interviewed
November 2011 KemperSports Management selected for contract negotiations
The Golf Committee identified five key reasons for why they selected KemperSports
Management (KSM) as the partner to negotiate a contract: 1) lowest price per RFP for required
services, 2) willingness to tie their compensation to positive results for the City, 3) exceptional
customer service and staff training programs, 4) exceptional marketing plan with enabling
technology, and 5) superior knowledge of the Lake Forest community and Deerpath Golf
Course.
The City’s attorney, Holland & Knight, along with City staff (including City Manager Bob Kiely,
Director Mary Van Arsdale, and Superintendent Jeff Wait) negotiated the details of the
contract, including the selection and approval of an Operations Manager and the financial
commitments. Key items in the contract are highlighted as follows:
26
Proceedings of the December 5, 2011
Regular City Council Meeting
• Agreement shall be one year beginning on December 6, 2011, with an option to renew
for a second and third term per conditions specified in the agreement.
• Scope of services clearly identifies that the City maintains complete control over the
course including: the establishment of fees; course maintenance; food & beverage
services; lessons, events and programs; maintenance conditions; maintenance and
operations personnel; and all rules and regulations governing the operation of the
property.
• KSM will provide the Operations Manager (remains Kemper personnel) to assist with the
day-to-day clubhouse operations including oversight of the golf shop operations such as
merchandise, member and daily customer services, events and outings and driving
range; and will advise via consulting services in accordance with the RFP including
development of a business plan; marketing support and analysis; staff training and
customer service programs; and vendor procurement benefits.
• The City’s financial commitment is a fixed management fee of $115,000 for the initial
term of the Agreement ($25,000 base fee, and not to exceed $90,000 Operations
Manager fee inclusive of wage/benefit/payroll taxes). It is important to note that in FY12
the total compensation package for the current Golf Pro totaled $114,916. As a result,
the proposed agreement is providing the City with similar level of expense but with
significant increase in business benefits.
• The agreement also specifies that the City shall pay KSM an annual incentive
management fee of 10% of gross revenues in excess of the adjusted base revenues
established by the City. This condition allows the City to appropriately compensate KSM
for positive revenue growth achieved due to impacts attributed to the KSM partnership.
In addition to the contract, staff has provided a Deerpath Golf Course Organizational Chart that
outlines the hierarchy and leadership structure for all areas of our golf course business services.
This will further illustrate the communication, authority and roles for all critical positions related to
operations. As the chart indicates, we have created a Golf Advisory Committee, to provide
advice on a number of key items including our long range pricing strategies, 2012 business and
marketing plans, and assistance with developing events and membership activities. The nine
member committee, made up of residents of diverse professional skills and representing all four
wards, is advisory only and does not circumvent the authority of staff, the Park Board or City
Council.
Finally, in late November 2011, members of the Ad-hoc Golf Committee and City staff had an
opportunity to interview the proposed KSM Operations Manager candidate and found the
credentials, professionalism and interpersonal skills to be excellent. We are confident that
approving the attached agreement with this quality golf partner will allow Deerpath to benefit
from enhanced best practices, provide us with an outstanding Operations Manager, and
increase the likelihood of financial viability into the future. At a special meeting on November 29,
2011of the Parks and Recreation Board they unanimously supported the contract and
recommended that it come before City Council for approval.
RECOMMENDED CITY COUNCIL ACTION: Approval of a one year contract with KemperSports
Management, Inc. in the amount of $115,000, not inclusive of an incentive management fee, for
providing consulting services and an Operations Manager for Deerpath Golf Course.
Alderman Waldeck moved, seconded by Alderman Adelman for approval of a one year
contract with KemperSports Management, Inc. in the amount of $115,000, not inclusive of an
incentive management fee, for providing consulting services and an Operations Manager for
27
Proceedings of the December 5, 2011
Regular City Council Meeting
Deerpath Golf Course. The following voted “Aye” Aldermen Novit, Waldeck, Moore,
Schoenheider, Palmer, and Adelman. “Nay” None. Motion carries.
3. Council Committee Reports
A. Finance Committee Report- Presented by Finance Director Kathy Reinertsen
1. Consideration of an Ordinance Establishing the Tax Levy for 2011
(Grant Final Approval)
Staff requested final approval of the reading of the 2011 tax levy ordinance.
The annual tax levy must be filed with the County Clerk before the last Tuesday in
December. Spreadsheets reviewing the tax levy for 2011 are attached for your
consideration. These include: 1) the tax levy limitations under the tax cap 2) the tax levy
distributed by fund without new growth and allowances distributed 3) the tax levy by
fund with new growth and allowances distributed and 4) an explanation of the tax
increase to an average homeowner.
The tax levy approved included the needs of all City departments, as well as for pensions
and debt service requirements. A summary of the levies is as follows:
Proposed
FUND 2011 LEVY 2010 Extension $ CHANGE % CHANGE
City General 12,134,003$ 11,869,949$ 264,054$ 2.22%
Pension Funds 4,087,973$ 4,018,750$ 69,224$ 1.72%
Fire Pension PA 93-0689 38,593 53,228 (14,635)$ -27.50%
Recreation 1,242,619$ 1,224,255 18,364$ 1.50%
Parks 2,863,426$ 2,821,109 42,317$ 1.50%
Special Recreation 326,579$ 345,985$ (19,406)$ -5.61%
Library 3,147,821$ 3,087,251$ 60,570$ 1.96%
Library sites 378,188$ 372,599$ 5,589$ 1.50%
Bond Funds 1,669,703$ 2,554,967$ (885,264)$ -34.65%
TOTAL TAX LEVY - CITY 25,888,905$ 26,348,093$ (459,188)$ -1.74%
School District 67- ESTIMATED 28,600,000$ 28,213,696 386,304$ 1.37%
The tax levy for 2011 reflects a 1.74% decrease over the 2010 tax levy extensions for the
City and Library operating funds and City pension and debt service funds. This decrease
is in full compliance with the property tax cap limit of a 1.5% increase plus new growth.
Legislation allows for the exclusion of special recreation ($326,579) and a portion of the
fire pension levy ($38,593) from the tax cap. Both amounts are in the above chart. The
average decrease to existing residents will be approximately 2.19% or $58 on a $757,000
home.
RECOMMENDED ACTION: Grant Final approval to the ordinance establishing the Tax Levy
for 2011 for The City of Lake Forest.
Alderman Novit moved, seconded by Alderman Palmer to approve the Ordinance
establishing the tax levy for 2011 for The City of Lake Forest. The following voted “Aye”
28
Proceedings of the December 5, 2011
Regular City Council Meeting
Aldermen Novit, Waldeck, Moore, Schoenheider, Palmer, and Adelman. “Nay” None.
Motion carries.
2. Abating 2011 Tax Levies for Various G.O. Alternate Revenue Bond
Issues (Grant Final Approval)
Staff requested final approval of the ordinance abating 2011 Tax Levies.
These ordinances provide for the abatement of 2011 taxes levied for the various
outstanding general obligation ALTERNATE REVENUE bond issues. The tax levies
for all bond issues are established and recorded with the County Clerk at the time
the bonds are issued. Therefore, in order to reduce the bond tax levies, an
abatement ordinance must be approved and filed with the County Clerk before
December 27, 2011.
The abatement of these general obligation (ALTERNATE REVENUE) bonds is
possible due to the fact these bond funds have an adequate revenue source
from water sales, Cemetery revenue, golf fees, sales tax or payments from the U.S.
Treasury. Therefore, the general obligation tax levy can be abated as was
planned at the time the bonds were issued.
a) An Ordinance Abating the Total Tax Being Levied in 2011 for the
Annual Payment of the Principal and Interest on the 2002-A General
Obligation (Waterworks and Sewerage System) Bond Issue
($1,404,000.00)
b) An Ordinance Abating the Total Tax Being Levied in 2011 for the
Annual Payment of the Principal and Interest on the 2004-A General
Obligation (Golf Course) Bond Issue ($78,000.00)
c) An Ordinance Abating the Total Tax Being Levied in 2011 for the
Annual Payment of the Principal and Interest on the 2004-B General
Obligation (Storm Sewer) Bond Issue ($155,250.00)
d) An Ordinance Abating a Portion of the Tax Being Levied in 2011 for the
Annual Payment of the Principal and Interest on the 2010-B Taxable
General Obligation Bond Issue (Recovery Zone Economic
Development Bonds) ($77,625.00)
e) An Ordinance Abating a Portion of the Tax Being Levies in 2011 for the
Annual Payment of the Principal and Interest on the 2010-C Taxable
General Obligation Bond Issue (Build America Bonds – Direct Payment)
($90,759.00)
f) An Ordinance Abating a Portion of the Tax Being Levies in 2011 for the
Annual Payment of the Principal and Interest on the 2011-A General
Obligation Refunding Bond Issue ($516,262.50)
g) An Ordinance Abating a Portion of the Tax Being Levies in 2011
for the payment of the Principal and Interest
on the 2011-B General Obligation Refunding Bond Issue ($827,300.00)
29
Proceedings of the December 5, 2011
Regular City Council Meeting
A summary of the proposed tax levy abatements are noted below:
Bond Issue
Original
Tax Levy
Tax
Abatement
Net Bond Tax
Levy
2002A G.O. Bonds (WATER) $1,404,000.00 $1,404,000.00 $0
2004A G.O. Bonds (GOLF) $78,000.00 $78,000.00 $0
2004B G.O. Bonds (STM SEWER) $155,250.00 $155,250.00 $0
2010-B Taxable G. O. Bonds $172,500.00 $77,625.00 $94,875
2010-C Taxable G.O. Bonds $259,311.00 $90,759.00 $168,552
2011-A G.O. Refunding Bonds $516,262.50 $516,262.50 $0
2011-B G.O. Refunding Bonds $827,300.00 $827,300.00 $0
TOTALS $3,412,623.50 $3,149,196.50 $263,427
Recommended Action: Grant Final approval of the ordinances abating
tax levies for various general obligation bond issues.
Alderman Moore moved, seconded by Alderman Palmer to approve the
Ordinances abating tax levies for various general obligation bond issues. The
following voted “Aye” Aldermen Novit, Waldeck, Moore, Schoenheider, Palmer,
and Adelman. “Nay” None. Motion carries.
3. Consideration of an Ordinance approving a Fee Schedule
As part of the budget process, all departments reviewed their user fees. Total fee
increases for established fees are estimated to be $30,965 in the Parks and Recreation
Fund and $ 51,238 in the Deerpath Golf Course Fund.
Revenue for the new fees related to development activity is estimated to be $1,720 in
the General Fund. If the City Council is in agreement with these new fees, the ordinance
will be presented at a future meeting.
RECOMMENDED ACTION: Grant final approval to the ordinance approving a fee
schedule for The City of Lake Forest.
Alderman Palmer moved, seconded by Alderman Novit to approve the Ordinance
approving a fee schedule for The City of Lake Forest. The following voted “Aye”
Aldermen Novit, Waldeck, Moore, Schoenheider, Palmer, and Adelman. “Nay” None.
Motion carries.
4. Consideration of an Ordinance Related to Annual Fees for the Parks and
Recreation Fund and the Senior Resources Fund (Grant Final Approval)
As was discussed at the July 18, 2011 Finance Committee meeting, an ordinance that will
allow certain fees for the Parks and Recreation Fund and the Senior Resources Fund to
be set by their respective boards needed to be passed by the City Council. This
ordinance states that certain annual fees such as memberships for the Parks and
Recreation Fund and Senior Resources Fund will be approved by the City Council.
RECOMMENDED ACTION: Grant final approval to the ordinance related to Annual Fees
for the Parks and Recreation Fund and Senior Resources Fund.
30
Proceedings of the December 5, 2011
Regular City Council Meeting
Alderman Palmer moved, seconded by Alderman Novit to approve the Ordinance
related to annual fees for the Park and Recreation Fund and Senior Resources Fund.
The following voted “Aye” Aldermen Novit, Waldeck, Moore, Schoenheider, Palmer, and
Adelman. “Nay” None. Motion carries.
4. Comments by Council Members
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
CONSENT AGENDA
1. Approval of Authorized Invoices and Payrolls
Check Register For Period October 29, 2011 - November 25,
2011
Fund Invoice Payroll Total
General 548,578 1,040,451 1,589,029
Water & Sewer 64,494 110,004 174,498
Parks & Recreation 117,936 289,922 407,857
Capital
Improvements
78,068 4,592 82,660
Bond Funds -
Projects
64,438 0 64,438
Motor Fuel Tax 134,698 0 134,698
Cemetery 13,076 16,347 29,423
Senior Resources 13,188 19,116 32,304
Deerpath Golf
Course
15,462 41,134 56,596
Fleet 145,232 41,975 187,207
Debt Funds 21,250 0 21,250
Housing Trust 0 0 0
Park & Public Land 275 0 275
All other Funds 212,292 7,739 220,031
$1,428,986
$1,571,280
$
3,000,266
2. Approval of the Minutes from the November 21, 2011 Regular City Council Meeting
RECOMMENDED ACTION: Approve consent agenda as presented.
Alderman Palmer moved, seconded by Alderman Schoenheider to approve the consent
agenda as presented. The following voted “Aye” Aldermen Novit, Waldeck, Moore,
Schoenheider, Palmer, and Adelman. “Nay” None. Motion carries.
31
Proceedings of the December 5, 2011
Regular City Council Meeting
ORDINANCES
1. Consideration of an Ordinance Amending Real Estate Transfer Tax Exemptions
The City imposes a real estate transfer tax on real estate transferred for use on infrastructure
improvements. The City Code exempts certain types of transactions from the imposition of this
tax. The Code was written, transactions involving deeds issued to a holder of a mortgage
pursuant to a mortgage foreclosure proceeding and transactions where the actual
consideration is less than $100 are exempt.
With the recent increase in commercial and residential mortgage foreclosure actions, it has
come to our attention that mortgage holders are routinely foreclosing on a mortgage and then
transferring the certificate of sale for no consideration to a wholly owned subsidiary. The wholly
owned subsidiary then takes title to the property. This transaction would be exempt if the
mortgage holder were to take title first and then transfer the deed to the wholly owned
subsidiary, but mortgage holders are reluctant to do so because of the liability issues involved.
The proposed change would make transactions in which a wholly owned subsidiary of a
mortgage holder takes title pursuant to a mortgage foreclosure proceeding or pursuant to a
transfer in lieu of foreclosure exempt from the real estate transfer tax.
RECOMMENDED ACTION: Waive first reading and grant final approval.
Alderman Schoenheider moved, seconded by Alderman Novit to waive first reading of an
Ordinance Amending Real Estate Transfer Tax Exemptions. Motion carried unanimously by voice
vote.
Alderman Novit moved, seconded by Alderman Adelman to approve an Ordinance Amending
Real Estate Transfer Tax Exemptions. The following voted “Aye” Aldermen Novit, Waldeck,
Moore, Schoenheider, Palmer, and Adelman. “Nay” None. Motion carries.
NEW BUSINESS
1. Consideration of Recommendation to Support Phase 2 Professional Services by
Quandel Consultants, LLC evaluating the feasibility of a potential Amtrak stop at the
Telegraph Road Train Station.
Carina Walters, Assistant City Manager reported to Council In January 2010, the City Council
authorized the approval of a Professional Service Agreement with Charlie Quandel of Quandel
Consultants, LLC, to conduct the preliminary engineering feasibility of implementing a Lake
Forest stop of the Hiawatha Regional Passenger Rail Service. During this evening’s Committee of
the Whole meeting, Charlie Quandel and Bob Moore of Quandel Consultants, LLC provided an
overview of the Phase 1 study results.
Aspects of Phase 1 study included Quandel Consultants facilitating meetings with IDOT, WisDot,
Metra, Amtrak and the City to identify the concerns and benefits of each transportation agency
by adding a potential stop. The data collection and analysis included a ridership study to
anticipate potential riders of Amtrak and how adding a stop would affect Metra, Amtrak and
32
Proceedings of the December 5, 2011
Regular City Council Meeting
freight traffic. As a result of the study, Quandel Consultants identified potential scheduling
conflicts among the transit providers to be explored in Phase 2.
Based upon this baseline data, Quandel Consultants have revised their original proposal from
January 2010 to implement four tasks in Phase 2:
1. Gather more data to understand Amtrak and Metra operations and opportunities for
modification, identify a better mechanism to capture capacity data;
2. Analysis of operation data to identify possible changes;
3. Exploration of stakeholders to explore opportunities for change; and
4. Development of agreements for schedule and operational changes.
The City Council will notice an $11,866 reduction from the original quoted price $116,048.83.
Based upon the outcomes of the Phase 1 study, staff recommends the City Council to authorize
Quandel Consultants, LLC to conduct Phase 2 of their Professional Services Agreement not to
exceed $40,000.
BUDGET/FISCAL IMPACT:
FY2012
Funding Source
Account Number Account Budget Amount Requested Budgeted?
Y/N
TIF Fund
Charged TIF account
$40,000
Y
RECOMMENDED ACTION: Authorize the execution of the Phase 2 Professional Services contract
by Quandel Consultants, LLC evaluating the feasibility of a potential Amtrak stop at the
Telegraph Road Train Station not to exceed $40,000.
Alderman Palmer moved, seconded by Alderman Novit to authorize the execution of the Phase
2 Professional Services contract by Quandel Consultants, LLC evaluating the feasibility of a
potential Amtrak stop at the Telegraph Road Train Station not to exceed $40,000. The following
voted “Aye” Aldermen Novit, Waldeck, Moore, Schoenheider, Palmer, and Adelman. “Nay”
None. Motion carries.
2. Award of a professional services contract to Quandel Consultants, LLC for assisting with
the Phase I preliminary engineering on the Telegraph Rd train station pedestrian
underpass project.
Ramesh Kanapareddy, P.E., CFM, City Surveyor & Engineer reported this past summer the City
received $2 million in High-Speed Rail grade crossing grant funds from IDOT and the federal
government to build a pedestrian underpass beneath the railroad tracks at the Telegraph Rd
train station. Quandel Consultants (Quandel) have been working with the City on the feasibility
of a Lake Forest stop on the Hiawatha regional passenger rail service. The local match for the
grant is 20%.
In order to move the underpass project along IDOT requires the grant recipient (City) is required
to perform a Phase I preliminary engineering study, a Phase II final design engineering service,
and a Phase III construction that includes engineering inspectional services. City is in the process
33
Proceedings of the December 5, 2011
Regular City Council Meeting
of securing an engineering firm to perform the Phase I preliminary engineering and initiate the
IDOT grant paperwork.
Quandel will assist the City in the planning phase for Phase I preliminary engineering. With their
expertise in railroad operations and their involvement in the possibility of a new high-speed rail
connection between Milwaukee and Chicago, Quandel will play an advisory role on the
underpass project. In addition, with the reduction in staff and to coordinate with various state
and federal agencies who are involved in the underpass project, Quandel will assist the City and
selected engineering firm in complying with the regulations, especially related to railroad
authorities. Quandel will also be utilized for the following tasks:
1. Assistance with engineering and construction agreements
2. Project scope preparation and RFQ evaluation for selection of engineering firm
3. Selection of the engineering firm
4. Stakeholder coordination meetings with various agencies.
The tentative timeline for the underpass project calls for approval of Phase I preliminary
engineering by IDOT and METRA at the end of 2012, with Phase II design work approval to be
completed by 2013 and possible construction for the underpass project tentatively scheduled
for summer of 2014. These are tentative timelines based on the IDOT’s paperwork approval
process and can be expedited or delayed depending on the grant requirements.
BUDGET/FISCAL IMPACT: Since the project is located in the TIF district TIF funds will be used to
pay for the engineering services contract to Quandel.
Below is a summary of Project budget:
FY 2011-12 Funding
Source Amount Budgeted Amount
Requested
Budgeted?
Y/N
TIF $23,500.00 Y
RECOMMENDED ACTION: Award of a professional services contract to Quandel Consultants, LLC
for a not-to-exceed amount of $23,500.
Alderman Novit moved, seconded by Alderman Palmer to award a professional services
contract to Quandel Consultants, LLC for a not-to-exceed amount of $23,500. The following
voted “Aye” Aldermen Novit, Waldeck, Moore, Schoenheider, Palmer, and Adelman. “Nay”
None. Motion carries.
3. iPad Discussion Time Permitting
Council was updated on the status of when the iPads were being delivered and was explained
the reason for going to iPads was to stay with the green initiative the city has in place.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None
ADJOURNMENT
34
Proceedings of the December 5, 2011
Regular City Council Meeting
There being no further business, Alderman Palmer moved, seconded by Alderman Pandaleon to
adjourn the meeting at 9:53 p.m. The motion carried unanimously by voice vote.
Cathryn H. Buerger
Deputy City Clerk
35
36
37
38
39
40
41
42
43
44
45
46
47
48
DRAFT 12/13/11
INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE
NORTH SHORE ELECTRICITY AGGREGATION CONSORTIUM
BETWEEN AND AMONG THE CITIES OF HIGHLAND PARK,
LAKE FOREST, AND PARK RIDGE, AND THE VILLAGES OF
DEERFIELD, GLENCOE, LAKE BLUFF, NORTHBROOK, AND SKOKIE
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into
as of the ___ day of _____________, 2011 ("Effective Date"), between, and among the
VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation (“Deerfield”), the
VILLAGE OF GLENCOE, an Illinois municipal corporation (“Glencoe”), the CITY OF
HIGHLAND PARK, an Illinois home rule municipal corporation ("Highland Park"), the
VILLAGE OF LAKE BLUFF, an Illinois home rule municipal corporation ("Lake Bluff"), THE
CITY OF LAKE FOREST, an Illinois home rule municipal corporation ("Lake Forest"), the
VILLAGE OF NORTHBROOK, an Illinois home rule municipal corporation ("Northbrook") and
the VILLAGE OF PARK RIDGE, an Illinois home rule municipal corporation (“Park Ridge”), and
the VILLAGE OF SKOKIE, an Illinois home rule municipal corporation (“Skokie”) (collectively,
the “Parties”).
WITNESSETH:
WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 (“Act”),
authorizes the corporate authorities of a municipality to establish a program to aggregate
electrical loads of residential and small commercial retail customers and to solicit bids and enter
into service agreements to facilitate the sale and purchase of electricity and related services and
equipment for those electrical loads (“Electricity Aggregation Program”); and
WHEREAS, pursuant to the Act, municipalities may, if authorized by referendum,
operate an Electricity Aggregation Program as an “opt-out” program that applies to all residential
and small commercial retail electrical customers who do not affirmatively choose not to
participate; and
WHEREAS, the Act authorizes municipalities to jointly operate an Electricity Aggregation
Program and does not prohibit municipalities from entering into an intergovernmental agreement
to aggregate electric loads for those programs; and
WHEREAS, the corporate authorities of each of the Parties have approved the
placement of a referendum on the ballot for the March 20, 2012 primary election regarding the
establishment of an “opt-out” Electricity Aggregation Program pursuant to the Act (“Opt-Out
Referendum”); and
WHEREAS, although each Party will operate a separate Electricity Aggregation Program
for its residents, the Parties have individually and collectively determined that combining the
bidding and contracting process to obtain the supply of electric power for their Electricity
Aggregation Programs could provide potential savings through a joint project bid (“Joint Power
Supply Bid”); and
WHEREAS, the Parties desire to establish a consortium of local governments to
facilitate joint action and intergovernmental cooperation for the Joint Power Supply Bid; and
49
DRAFT 12/13/11
2
WHEREAS, to achieve these and other related objectives, the Parties 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., and Section 1-92 of the Act, 20 ILCS 3855/1-92; and
WHEREAS, the Parties have determined that they need to join together to create and
establish the North Shore Electricity Aggregation Consortium (“Consortium”) by
intergovernmental agreement to provide for a comprehensive and unified effort to facilitate joint
action and intergovernmental cooperation for the Joint Power Supply Bid; and
WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental
issues affecting this matter, each of the Parties has determined that it is in the best interests of
its citizens and of the general public welfare that this Agreement be executed and implemented
by the Parties; and
WHEREAS, the Parties have each approved this Agreement by an ordinance or
resolution duly adopted by the Party’s corporate authorities; 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., and Section 1-92 of the Act,
20 ILCS 3855/1-92, the Parties do hereby agree as follows:
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 the Consortium and endowing it
with all of the authority, powers, and resources necessary and convenient to allow the Parties to
jointly and efficiently address common bidding and contracting for a Joint Power Supply Bid.
This Agreement is further intended to allow the Parties to jointly seek available local, state, and
federal funds and other resources, if available, to assist in addressing the Joint Power Supply
Bid identified by the Parties as necessary, and being appropriate for, the joint action of the
Parties.
SECTION 3. ESTABLISHMENT AND ORGANIZATION.
A. Formation of Consortium. By this Agreement, the Parties establish the North
Shore Electricity Aggregation Consortium.
B. Membership. Each Party shall be a member of the Consortium.
C. Effective Date. This Agreement shall take effect, and the North Shore Electricity
Aggregation Consortium shall be established, upon the execution of this Agreement by two or
more Parties.
50
DRAFT 12/13/11
3
D. Duration. The Consortium shall have perpetual duration until dissolved and
terminated as provided in Section 10.C of this Agreement.
E. Governance. The Agreement shall be managed, and the duties under this
Agreement performed, by the respective chief administrative officers of each Party, or their
respective duly authorized representatives or designees (each a “Party Representative”). Each
Party Representative shall operate and act with respect to Agreement affairs and actions only
pursuant to action duly authorized by the Party Representative’s corporate authorities. Unless
otherwise unanimously agreed to by the Party Representatives with respect to a specific action
or policy, all actions pursuant to the Agreement shall be taken or established only by the
unanimous consent of the Party Representatives.
F. Additional Parties. Additional local government entities may be added as
Parties to this Agreement only: (a) if approved by all existing Parties; and (b) upon that entity’s
execution and approval of this Agreement, as may be amended, by an ordinance or resolution
duly adopted by that entity's corporate authorities, and delivery of a certified copy of that
ordinance or resolution.
SECTION 4. GENERAL COOPERATION.
A. Cooperation. The Parties acknowledge and agree to cooperate with each other
in furtherance of the purposes, goals, and objectives of the Consortium and this Agreement.
Cooperation required by this Agreement specifically includes, but is not limited to, the sharing
and joint utilization by and among the Parties of information and other materials possessed or
developed by the Parties, either individually or collectively, and necessary to investigate,
identify, and otherwise document the Joint Power Supply Bid.
B. Independent Operation. Notwithstanding the provisions of Section 4.A of this
Agreement, the Parties acknowledge and agree that each Party intends to operate a separate
Electricity Aggregation Program for itself pursuant to its own plan of governance, and that
neither this Agreement nor the Joint Power Supply Bid creates any responsibility or obligation
for any Party to administer or operate any aspect of the Electricity Aggregation Program of any
other Party.
SECTION 5. MARKET RESEARCH AND INVESTIGATION.
Upon the Effective Date of this Agreement, the Consortium shall research and
investigate the electricity market and various options for the issuance of the Joint Supply Power
Bid. The research and investigation required pursuant to this Section 5 shall include, without
limitation, the establishment of an agreed schedule for the completion of all action items
required for the issuance of the Joint Supply Power Bid and the adoption and implementation by
each Party of an Electricity Aggregation Program (“Agreed Schedule”). The research and
investigation may also include, without limitation:
A. Meetings among the Party Representatives to establish an action plan for the
investigation;
B. Issuance of written requests for qualifications, questionnaires, or other inquiries
to prospective electricity providers; and
51
DRAFT 12/13/11
4
C. Meetings with, and retention of, one or more professional consultants for the
provision of recommendations regarding the contents of the Technical Requirements and the
Contract Package (as those terms are defined in Section 6.B of this Agreement), and regarding
the timing and issuance of the Joint Supply Power Bid.
SECTION 6. DEVELOPMENT OF OFFICAL DOCUMENTS.
A. Plan of Operation and Governance.
1. Preparation. Prior to January 31, 2012, the Consortium shall jointly
prepare a template plan of operation and governance for use by each Party, in compliance and
accordance with Section 1-92 of the Act (“POG”).
2. Public Hearings. Each Party shall be responsible for issuing all required
public notices and conducting all required public hearings concerning the POG, in accordance
with Section 1-92 of the Act. Each Party shall complete all required public hearings concerning
the POG on or before the deadline set forth in the Agreed Schedule.
B. Technical Requirements and Contract Package. On or before the deadline
set forth in the Agreed Schedule, the Consortium shall prepare sets of technical specifications
and requirements (“Technical Requirements”) and bidding and contract documents
incorporating the Technical Requirements (“Contract Package”) for the Joint Supply Power Bid,
in accordance with the following:
1. The Consortium shall mutually select one Party to serve as the official
coordinator to bid the Joint Power Supply Bid (“Official Coordinator”).
2. The Consortium shall meet and confer and agree upon the Technical
Requirements and Contract Package. The Contract Package shall include a contract to be
executed by and between the contractor and each Party for the provision of electrical power to
that Party pursuant to the Joint Power Supply Bid (“Power Supply Agreement”). The Contract
Package shall, without limitation, require bidders to submit pricing to supply electric power to all
Parties jointly, provided that the bidder’s pricing structure must allow a Party or Parties to
proceed with the Joint Power Supply Bid at the joint price, or a substantially similar price, even if
one or more Parties fail to approve the Joint Power Supply Bid.
3. The Contract Package shall provide pricing options for one-year, two-
year, and three-year terms.
4. The Contract Package shall further require the contractor to obtain and
maintain, for the duration of the Power Supply Agreement, such proof of insurance and
performance security as the Parties deem necessary.
5. The Contract Package shall further require the contractor to whom the
Power Supply Agreement is awarded to indemnify each of the Parties pursuant to the terms of
the Power Supply Agreement.
6. All Parties shall have an adequate opportunity to review and comment on
the Technical Requirements and the Contract Package, and shall provide such comments to the
Official Coordinator. Revised drafts of the Technical Requirements and the Contract Package
52
DRAFT 12/13/11
5
shall be prepared and reviewed by the Parties until such time as the Parties have approved the
final Technical Requirements and Contract Package.
SECTION 7. EDUCATIONAL AND PUBLIC RELATIONS COOPERATION.
A. Preparation of Educational Materials. On or before January 31, 2012, the
Consortium shall prepare educational and public relations documents and materials concerning
the Joint Supply Power Bid (collectively, the “Educational Materials”).
B. Dissemination of Educational Materials. Each Party shall be responsible for
the dissemination of the Educational Materials within its respective corporate boundaries prior to
the primary election on March 20, 2012.
C. Compliance with Election Code. The content and distribution of all Educational
Materials shall comply with the applicable provisions of the Illinois Election Code, 10 ILCS 5/1-1
et seq.
SECTION 8. BIDDING AND CONTRACTING PROCESS.
A. Adoption of Referendum. As soon as possible after the March 20, 2012
primary election, each Party Representative shall notify the other Party Representatives
whether the Opt-Out Referendum was approved by the voters of that Party. In the event that
the voters of any Party failed to approve the Opt-Out Referendum, that Party shall be
automatically deemed to have withdrawn from the Consortium pursuant to Section 10.A of this
Agreement.
B. Adoption of Approval Ordinance and POG. On or before the deadline set
forth in the Agreed Schedule, the corporate authorities of each Party in which the Opt-Out
Referendum was approved shall adopt: (1) an ordinance authorizing an opt-out Electricity
Aggregation Program (“Authorizing Ordinance”) and (2) the POG. Any Party that fails to
comply with this Section 8.B shall be automatically deemed to have withdrawn from the
Consortium pursuant to Section 10.A of this Agreement.
C. Solicitation of Sealed Bids and Selection of Contractor.
1. Following the adoption of an Authorizing Ordinance and the POG by each
Party, the Official Coordinator shall publicly issue the Technical Requirements and the Contract
Package for solicitation of competitive sealed bids for the Joint Power Supply Bid, in accordance
with the Agreed Schedule (“Sealed Bids”). The Official Coordinator shall establish a deadline
for the submission of Sealed Bids, in accordance with the Agreed Schedule.
2. During the time following the issuance of the Technical Requirements and
the Contract Package, and prior to the deadline for submission of Sealed Bids, the Official
Coordinator shall issue such addenda to the prospective contractors as may be necessary to
respond to the inquiries of such prospective contractors or to clarify the Technical Requirements
and/or the Contract Package. The Official Coordinator shall consult with the other Parties prior
to issuance of any such addenda. The Parties shall refer any inquiries or issues received or
identified regarding the Technical Requirements and the Contract Package to the Official
Coordinator for possible inclusion in such an addendum. No Party other than the Official
Coordinator shall respond to any such inquiry or issue prior to the deadline for submission of
Sealed Bids.
53
DRAFT 12/13/11
6
3. Following receipt of the Sealed Bids, the Official Coordinator shall provide
copies of the Sealed Bids to each of the Parties. The Party Representatives shall examine and
review the Sealed Bids and shall confer to discuss the Sealed Bids and to recommend to the
Parties whether: (a) a contractor should be selected; and (b) a one-year, two-year, or three-year
pricing structure should be selected.
D. Administration by the Parties. After the completion of the Joint Power Supply
Bid and the award by a Party of its own Power Supply Agreement with the contractor, that Party
shall be responsible to manage its own Power Supply Agreement and Electricity Aggregation
Program.
SECTION 9. PAYMENTS AND EXPENSES.
A. Expenses. The Parties acknowledge and agree to use their respective staffs and
resources, at no cost to the other Parties, for joint projects or actions undertaken by or on behalf
of one or more of the Parties. The Parties acknowledge and agree that from time to time the
Consortium may require professional services, including legal, engineering, governmental
relations, technical, consulting, and market analysis assistance. Each Party shall be
responsible for, and each Party agrees to pay or otherwise reimburse, any and all expenses
incurred for these services, and any and all other expenses incurred by or on behalf of the
Consortium pursuant to this Agreement (collectively, “Shared Expenses”). Any Shared
Expenses shall be approved in advance by the Parties, and shall be divided in equal shares
among the Parties.
B. Official Payor. Highland Park shall serve as the official payor of all Shared
Expenses for and on behalf of the Consortium.
C. Costs of this Agreement. Pursuant to this Agreement, each Party shall be
responsible to pay its respective share, using its own local funds, of the costs and expenses of
the Consortium, including, without limitation, the cost of the Joint Power Supply Bid. Each Party
shall budget and appropriate sufficient funds to pay its respective share of the costs and
expenses of the Consortium by an ordinance or resolution approved by the Party’s corporate
authorities.
D. Approval by Corporate Authorities. The Parties acknowledge and agree that,
although they intend to proceed under a joint bid, the corporate authorities of any Party may fail
to approve the Joint Power Supply Bid or the related Power Supply Agreement. In either event,
the remaining Party or Parties may either proceed with the Joint Power Supply Bid or proceed
individually.
SECTION 10. WITHDRAWAL.
A. Right to Withdraw. Any Party may withdraw as a Party of the Consortium, prior
to going out to bid on a Joint Power Supply Bid, upon the provision of written notice to the other
Parties of its withdrawal.
B. Responsibility Upon Withdrawal. Any Party withdrawing from the Consortium
pursuant to Section 10.A of this Agreement shall pay its share of any and all costs and
expenses incurred by or on behalf of the Consortium prior to the effective date of the Party's
withdrawal and for which the Party is responsible. If the Withdrawal of one or more Parties
results in the dissolution and termination of the Consortium pursuant to Section 10.C of this
54
DRAFT 12/13/11
7
Agreement, the withdrawing Party or Parties shall cooperate and participate in the dissolution
and termination of the Consortium.
C. Dissolution and Termination. The Consortium shall be dissolved and
terminated upon the earlier to occur of: (1) the effective withdrawal pursuant to this Section 10
of one or more Parties so as to reduce the total number of Parties to fewer than two; (2) the
written agreement of all of the Parties to this Agreement; or (3) December 31, 2012.
SECTION 11. GENERAL PROVISIONS.
A. Notices. All notices required or permitted to be given under this Agreement shall
be given by the Parties by: (i) personal delivery; (ii) deposit in the United States mail, enclosed
in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized
overnight delivery service, addressed as stated in this Section 11.A. The address of any Party
may be changed by written notice to the other Parties. Any mailed notice shall be deemed to
have been given and received within three days after the same has been mailed and any notice
given by overnight courier shall be deemed to have been given and received within 24 hours
after deposit. Notwithstanding the foregoing, all notices related to the Technical Requirements
of each Joint Power Supply Bid may be coordinated by the applicable Official Coordinator and
Party Representatives by electronic mail or other means of communication, as appropriate.
Notices and communications to each Party shall be addressed to, and delivered at, the
following addresses:
Deerfield: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Attn: Village Manager
Lake Forest: The City of Lake Forest
220 E. Deerpath
Lake Forest, IL 60045
Attn: City Manager
Glencoe: Village of Glencoe
675 Village Court
Glencoe, IL 60022
Attn: Village Manager
Northbrook: Village of Northbrook
1225 Cedar Lane
Northbrook, IL 60062
Attn: Village Manager
Highland Park: City of Highland Park
1707 St. Johns Ave.
Highland Park, IL 60035
Attn: City Manager
Park Ridge: City of Park Ridge
505 Butler Place
Park Ridge, IL 60068
Attn: Village Manager
Lake Bluff: Village of Lake Bluff
40 E. Center Ave.
Lake Bluff, IL 60044
Attn: Village Manager
Skokie: Village of Skokie
5127 Oakton St.
Skokie, IL 60077
Attn: Village Manager
With a copy to: Peter M. Friedman
Holland & Knight LLP
131 S. Dearborn, 30th Fl.
Chicago, IL 60603
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
55
DRAFT 12/13/11
8
any of the Parties is relying in entering into this Agreement. This Agreement, and all covenants
and provisions herein contained shall bind and inure to the benefit of each respective local
governmental entity which is a party hereto and their respective successors and assigns.
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 Parties 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 Parties shall control. The Parties hereto have been represented by
counsel and have had full opportunity to discuss this Agreement prior to execution. This
Agreement shall be construed without regard to the identity of the Party who drafted the various
provisions of this Agreement. Moreover, each and every provision of this Agreement shall be
construed as though all Parties to this Agreement participated equally in the drafting thereof. As
a result of the foregoing, any rule or construction that a document is to be construed against the
drafting party shall not be applicable to this Agreement.
E. Amendments and Modifications. This Agreement shall not be modified,
changed, altered, or amended without the duly authorized and written consent of each of the
Parties by their respective corporate authorities and pursuant to ordinances or resolutions duly
adopted and approved by the Party’s corporate authorities. No amendment or modification to
this Agreement shall be effective until it is reduced to writing and approved by the corporate
authorities of each Party and properly executed in accordance with all applicable law.
F. Authority to Execute. Each Party hereby warrants and represents to each other
Party that the person executing this Agreement on its behalf has been properly authorized to do
so by the corporate authorities of the Party.
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. Indemnification. Each Party (the “Indemnifying Party”) hereby agrees to
indemnify, hold harmless and defend the other Parties (each an “Indemnified Party”) from and
against any and all losses, claims, expenses and damages (including reasonable attorneys’
fees) made against or incurred by the Indemnified Party for any actions taken or failures to act
by the Indemnifying Party in connection with a Joint Power Supply Bid that arise out of the Joint
Power Supply Bid, each Party’s Power Supply Agreement, each Party’s Electricity Aggregation
Program, Power Supply Agreement, or this Agreement, to the extent that such claims were not
caused by actions, or failures to act, of the Indemnified Party.
I. Execution. This Agreement shall be executed by all of the Parties in identical
original duplicates and each of the duplicates shall, individually and taken together, constitute
one and the same Agreement.
[SIGNATURE PAGE FOLLOWS]
56
DRAFT 12/13/11
9
IN WITNESS WHEREOF, the Parties have by their duty authorized officers and
representatives set their hands and affixed their seals to be effective as of the Effective Date of
this Agreement.
ATTEST: VILLAGE OF DEERFIELD
By: ___________________________ By:____________________
Village Clerk Village Manager
ATTEST: VILLAGE OF GLENCOE
By: ___________________________ By:____________________
Village Clerk Village Manager
ATTEST: CITY OF HIGHLAND PARK
By: ___________________________ By:____________________
City Clerk City Manager
ATTEST: VILLAGE OF LAKE BLUFF
By: ___________________________ By:____________________
Village Clerk Village Manager
ATTEST: THE CITY OF LAKE FOREST
By: ___________________________ By:____________________
City Clerk City Manager
ATTEST: VILLAGE OF NORTHBROOK
By: ___________________________ By:____________________
Village Clerk Village Manager
57
DRAFT 12/13/11
10
ATTEST: CITY OF PARK RIDGE
By: ___________________________ By:____________________
Village Clerk Village Manager
ATTEST: VILLAGE OF SKOKIE
By: ___________________________ By:____________________
Village Clerk Village Manager
#10749797_v6
58
THE CITY OF LAKE FOREST
RESOLUTION NO. ____________
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF
AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE
NORTH SHORE ELECTRICITY AGGREGATION CONSORTIUM
WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 (“Act”), permits the corporate authorities of the City, if authorized by referendum, to adopt an ordinance creating a program to allow the City to solicit bids and enter into service agreements for the sale and purchase of electricity and related services and equipment to residential and small commercial customers in the City who do not chose to opt-out (“Electricity Aggregation Program”); and
WHEREAS, the Act authorizes municipalities to jointly operate an Electric Aggregation Program and does not prohibit municipalities from entering into an intergovernmental agreement to aggregate electric loads for those programs; and
WHEREAS, it is in the best interests of the City and its residents, businesses, and land owners to combine the City’s bidding and contracting process to obtain the supply of electric power for its Electric Aggregation Program with other northern Illinois municipalities, in order to realize potential savings through a joint project bid; and
WHEREAS, representatives of the City, the Cities of Highland Park and Park Ridge, and the Villages of Deerfield, Glencoe, Lake Bluff, Northbrook, and Skokie, have prepared an intergovernmental agreement that will establish the "North Shore Electricity Aggregation Consortium" ("Consortium") to provide for a comprehensive and unified effort to facilitate joint action and intergovernmental cooperation for a joint project bid for each municipality’s Electricity Aggregation Program ("Agreement"); and
WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to enter into the Agreement and become a member of the Consortium pursuant to the terms of the Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE
FOREST, LAKE COUNTY, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council.
SECTION TWO: APPROVAL OF AGREEMENT. The Agreement shall be, and is hereby, approved in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by City Attorney.
SECTION THREE: EXECUTION OF AGREEMENT. The City Manager and the City Clerk shall be, and they are hereby, authorized and directed to execute and attest, on behalf of the City, the Agreement and all necessary documentation related thereto.
59
SECTION FOUR: EFFECTIVE DATE. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the City Council. AYES: NAYS: ABSENT: PASSED: APPROVED: RESOLUTION NO.:
______________________________________ James J. Cowhey, Mayor ATTEST: ______________________________________ Cathryn Buerger, Deputy City Clerk
#10789435_v2
60
EXHIBIT A
AGREEMENT
61