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CITY COUNCIL 09/17/2012 THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, September 17, 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 Donald Schoenheider, Alderman Third Ward Catherine Waldeck, Alderman First Ward Stanford Tack, 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. Certificate of Recognition presented to members of Girl Scout Troop 1017 for earning their Silver Award B. Resolution of Appreciation for Robert Zacher for 20 years of service. A copy of the resolution is attached beginning on page10. C. Appointment of new City Marshal and Collector (Police Chief) 2. Comments by City Manager 7:50 p.m. A. Communications Update PRESENTED BY INTERIM POLICE CHIEF, JIM HELD AND COMMUNICATIONS MANAGER, SUSAN BANKS The City recently instituted a new emergency notification system, “Global Connect”. It is designed to get information out to the public more economically, quickly and efficiently, making thousands of phone calls per minute. Currently, only landline phone numbers have been automatically registered, and all residents will be encouraged to establish an account on the system to update their contact information. Staff will make a presentation on the new system and demonstrate the registration process on the City’s web site. B. Strategic Planning Update PRESENTED BY AARON STAHLY, MANAGEMENT INTERN 1 September 17, 2012 Agenda 3. Comments by Council Members 8:00 p.m. A. Property and Public Lands Committee- Alderman Schoenheider 1. Consideration of the Award of a Contract to Teska Associates, Inc. for Services Related to Exploration, and if Determined to be Appropriate, Establishment of a Tax Increment Finance District to Support the Redevelopment of the Former Municipal Services Site. PRESENTED BY ALDERMAN SCHOENHEIDER, CHAIRMAN PURPOSE AND ACTION REQUESTED: As a next step in preparing for the redevelopment of the City’s Laurel and Western Avenues site, the former Municipal Service Facility, the Property and Public Lands Committee recommends that a consultant be hired to assist the City with the technical and public processes related to the consideration of establishing a Tax Increment Finance District (TIF). BACKGROUND AND DISCUSSION: In September, 2007, an adhoc committee was appointed by then Mayor Rummel to study and begin a public dialogue about the future of the City’s Municipal Services Facility site. In August, 2009, City operations were relocated to the new Municipal Services Facility on Field Drive. After more than nine months of work, the adhoc committee presented a use diagram for the site and development parameters as a framework for discussions with potential developers. The Council accepted the work of the adhoc committee in July, 2008 and shortly thereafter, the City issued a Request for Qualifications seeking firms interested in purchasing and redeveloping the site. The timing for the issuance of the RFQ was not optimum and the Council determined that based on the responses received, redevelopment of the site should be put on hold pending a return to stronger market conditions. During this holding period, work continued to prepare the site for ultimate redevelopment. Required environmental studies were completed, some remediation was done at the site and many of the smaller buildings were removed from the site. In recent months, the Property and Public Lands Committee has focused on redevelopment of the former Municipal Services site as a high priority. The Committee has considered various ways in which the City may be able to support and encourage appropriate redevelopment of this site. The Committee concluded that a public review process should be undertaken to give consideration to establishing a TIF district on this site. A TIF district will allow the tax benefits realized as development of the property occurs to be put back into the site to support aspects of the project such as further environmental remediation, demolition of the existing buildings and construction of necessary infrastructure. In support of exploring a TIF District further, the Property and Public Lands Committee issued a request for proposals for professional services related to the establishment of a TIF District and received proposals from five firms. The Committee interviewed three firms and determined that Teska, and the partners that Teska brought to the table, provided the skills, personalities and approach that best fit the characteristics of this site and the needs of the community. Teska brings not only the technical expertise necessary to establish a TIF District, but also creativity and an understanding of the importance of the 2 September 17, 2012 Agenda public process both of which the Committee felt was essential for this project. Teska’s proposal is for a not to exceed amount of $47,500. This amount is in the mid-range of the proposals received although as noted above, not all of the proposals offered the range of professional services and assistance offered by Teska Associates, Inc. The services to be provided by Teska Associates, Inc. are detailed on the Agreement included in the Council packet beginning on page 11. In summary, Teska will conduct a market evaluation to inform the community’s discussion about the site, assist with a re- evaluation of the use diagram and development parameters for the site from 2008 and community discussions, prepare a TIF Redevelopment Plan and guide the City through the necessary public hearings and technical aspects of establishing a TIF District if ultimately, the Council decides to do so. Importantly, the Council’s action at this meeting does not give approval to a particular plan or process, but instead, takes a critical next step in moving the community discussion forward on the future of the former Municipal Services site. BUDGET/FISCAL IMPACT: Funding for the consultant could ultimately be reimbursed through funds generated by the TIF District if one is established. FY2012 Funding Source Amount Budgeted Amount Requested Budgeted Y/N City Council Contingency 0 $47,500 Funds are available in the CC Contingency Account RECOMMENDED ACTION: Authorize the City Manager to enter into a contract with Teska Associates, Inc. for an amount not to exceed $47,500 for consulting services to support the development of a TIF Redevelopment Plan and if ultimately approved by the City Council, the establishment of a TIF District. ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:15 p.m. 3 September 17, 2012 Agenda 1. Check Register for Period June 23 – July 27, 2012 Fund Invoice Payroll Total General 549,136 1,047,612 1,596,748 Water & Sewer 115,159 107,103 222,261 Parks & Recreation 238,562 378,012 616,574 Capital Improvements 518,572 0 518,572 Bond Funds - Projects 0 0 0 Motor Fuel Tax 3,846 0 3,846 Cemetery 13,922 16,254 30,176 Senior Resources 28,539 18,194 46,733 Deerpath Golf Course 94,895 47,398 142,293 Fleet 62,660 61,592 124,252 Debt Funds 0 0 0 Housing Trust 5,000 0 5,000 Park & Public Land 0 0 0 All other Funds 395,676 137,264 532,941 $2,025,967 $1,813,429 $3,839,396 2. Approval Of Contract With Foley & Lardner Llp For Bond Counsel Services For Special Service Area 25, 26 And 29 Bond Refinancings STAFF CONTACT: ELIZABETH HOLLEB, DIRECTOR OF FINANCE PURPOSE AND ACTION REQUESTED: Staff is seeking City Council approval to proceed with the drafting of Bond Ordinances to refinance bonds for Special Service Areas 25, 26 and 29. BACKGROUND/DISCUSSION: The City currently has three special service areas financed by special tax bonds through Lake Forest Bank and Trust. Following the City’s successful bond refunding in 2011, the City approached Lake Forest Bank and Trust (LFBT) regarding the possibility of refinancing the Special Service Area (SSA) bonds on behalf of the impacted property owners. LFBT has offered an across the board reduction in interest of 1.50% for all three bond issues for the remaining term of all three bonds. The City has received a cost proposal of $7,000 per issue for preparation of the necessary bond documents. When factoring in the costs associated with the refinancing, all three generate a net savings. BUDGET/FISCAL IMPACT: There is no fiscal impact to the City of this transaction, as the savings and issuance costs associated with the bond refinancing are passed through to the property owners who are assessed the debt service costs. Below is a summary of the gross and net savings projected: Special Service Area Gross Interest Savings Issuance Costs Net Interest Savings SSA #25 (Fund 422) $ 61,827 $ 7,000 $ 54,827 SSA #26 (Fund 423) $ 16,591 $ 7,000 $ 9,591 SSA #29 (Fund 424) $ 141,482 $ 7,000 $ 134,482 4 September 17, 2012 Agenda RECOMMENDED ACTION: City Council authorize staff to contract with bond counsel to draft the required Ordinances to refinance the SSA 25, 26 and 29 special tax bonds. The ordinances will be presented for City Council approval by the end of November to meet required County filing deadlines to ensure that the refinancing savings are reflected in next year’s tax bills. 3. Approval of a Contract for Capital Improvement Project: Revetment Wall Study, Forest Park Beach STAFF CONTACT: BY MARY VAN ARSDALE PURPOSE AND ACTION REQUESTED: Award professional services contract to Baird & Associates to conduct a Scoping Investigation Study at Forest Park Beach. BACKGROUND/DISCUSSION: The revetment wall engineering of Forest Park Beach was completed 25 years ago this summer. Since that time, the City has conducted various site inspections to ensure appropriate engineering performance and to document impacts caused due to time, weather and water levels. Baird & Associates was the Coastal Engineering firm for the project construction in 1986-87 and then continued to monitor the condition and performance of the structures and beach system for the first fourteen years. In 1998, Baird completed the 10-year Beach Performance Study, and in 2001 they provided an update via a Status Review Project. In the decade since the last report, there is evidence of increased shifting of breakwater rocks and significant changes in the water levels. In the last few years we have also experienced multiple storms from the southeast that has displaced sand in the cells and over the lakefront turf. Further in 2007, the North Shore Sanitary District built at 2-million gallon storage tank under the south parking lot. The baseline data for this element has not been established and would be important for allowing future performance monitoring of its retaining wall integrity. For this reason, it is important that the City conduct a full analysis at this 25-year milestone to ensure the structural integrity of the stone breakwaters, ensure their performance to maintain sand within the beach cells, establish the baseline data for the south parking revetment wall and create a long-range maintenance and monitoring plan. Baird & Associates had previously recommended conducting this study at the 20-year milestone but the project was postponed multiple years due to economic conditions and other City priorities. City staff pursued a contract with Baird & Associates as a sole vendor. Advantages of this were as follows: • Intimate knowledge of the engineering design of the Forest Park Beach lakefront to ensure proper performance analysis • Best pricing and timing leverage due to established baseline data easily accessed from earlier studies conducted by their engineers • Previously created essential controls and reference points to allow quality comparative performance analysis • GIS in-house resources and ability to leverage their Illinois Erosion Study data in relationship to Forest Park Beach and its impacts, if any 5 September 17, 2012 Agenda • Baird & Associates reputation as a leading international coastal engineering firm Baird & Associates provided the attached Scoping Investigation Study proposal on page 22 that provides a detailed list of items included in the scope of work for this project as well as professional fees and the professional project team. An overview of the key areas of work within the scope of the project includes: • Fieldwork: Bathymetric and Topographic Surveys • Fieldwork: Soils Data • Data Analysis and Results • Summary Report of Conditions, Recommendations and Estimates Baird & Associates is prepared to complete the services within an eight-week period subject to a notice to proceed no later than September 18, 2012. The Parks and Recreation Board evaluated the proposal and supported approval of the contract at their September 11, 2012 public meeting. Staff believes Baird & Associates take extreme pride in the engineering project they completed 25 years ago and are vested in working with the City to ensure an outstanding facility for decades to come. BUDGET/FISCAL IMPACT: In the Capital Fund of the FY13 Capital Improvement Plan, the Recreation Department budgeted $30,000 for the revetment wall study. FY2013 Funding Source Amount Available Amount Requested Budgeted? Y/N Capital Fund $30,000 $29,800 Y RECOMMENDED ACTION: Approve A Professional Services Contract With Baird & Associates For A Scoping Investigation Study At Forest Park Beach Totaling $29,800.00 budgeted in the FY13 Capital Fund. 4. Consideration of Ordinances Approving Recommendations from the Zoning Board of Appeals. (First Reading and if desired by the City Council, Final Approval) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT In accordance with the process established earlier this year for City Council review of Building Review Board and some Historic Preservation Commission recommendations, the following recommended approvals from the Zoning Board of Appeals are presented to the City Council for consideration as part of the Omnibus Agenda. 395 Ahwahnee Road – The Zoning Board of Appeals recommended approval of a variance from the lot-in-depth setback requirements to allow for the construction of a small addition to connect the house and garage. There was no public testimony presented to the Board. (Board vote: 7-0, approved) 6 September 17, 2012 Agenda 567 Lexington Drive – The Zoning Board of Appeals recommended approval of variances from the side yard setbacks to allow construction of a replacement roof form and additions to the home to provide a family room, breakfast area and an expanded second floor bedroom. There was no public testimony presented to the Board. (Board vote: 6-0, approved) 1296 N. Green Bay Road – The Zoning Board of Appeals recommended approval of a variance from the lot-in-depth setback requirements to allow construction of two screen porches. There was no public testimony presented to the Board. (Board vote: 5-0 approved) Ordinances approving each petition as recommended by the Zoning Board of Appeals, including conditions of approval, are provided in the Council’s packet beginning on page 48 RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinances in accordance with the recommendations of the Zoning Board of Appeals. 5. Approval of the September 4, 2012 regular City Council minutes Copy of minutes beginning on page 77. RECOMMENDED ACTION: Approve The Omnibus items as presented. ORDINANCES 8:30 p.m. 1. Consideration of an Ordinance Granting a Special Use Permit Approving the Northwestern Lake Forest Hospital Campus Master Plan and Establishing Conditions of Approval. (Final Approval) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) and VICTOR FILIPPINI, CITY ATTORNEY On June 18, 2012, the City Council granted first reading of an Ordinance for a Special Use Permit approving a new Master Plan for the Northwestern Lake Forest Hospital campus. The approval of first reading indicated the Council’s endorsement of the conditions of approval as recommended by the Plan Commission. With that direction, since the June 18th meeting, the City Attorney, working in consultation with City staff and hospital representatives, has revised and enhanced the Ordinance to provide clarity with respect to how the various conditions recommended by the Plan Commission will be implemented. The substance of the Ordinance remains consistent with the Plan Commission’s recommendations. The refinements and enhancements incorporated into the Ordinance now presented to the Council for final consideration include, but are not limited to the following:  The conditions of approval are grouped into appropriate categories.  The special review process as recommended by the Plan Commission is detailed to clarify the roles of the Technical and Design Advisory Committee, the Plan Commission and the City Council with respect to future review and approval of the detailed plans for the various phases and sub-phases of the Master Plan. 7 September 17, 2012 Agenda  The short term and longer term financial obligations of the hospital are clarified and detailed to assure that on an ongoing basis, the hospital is responsible for all costs associated with and resulting from revitalization of the hospital campus and is paying its fair share to cover the cost of any increased demand for City services and community impacts. As noted at the June 18th meeting, the Master Plan presents a phased plan for revitalizing the hospital campus. A replacement hospital, a new medical office building, parking facilities, road improvements and the establishment of landscaped buffers at the perimeter of the campus are all included in the first phase of the project. The mid-term phase of the Master Plan anticipates reuse of the existing hospital facilities for education and research purposes after the replacement hospital is operational. The future phase anticipates possible long term needs on the campus. Note that the Ordinance does permit the hospital to pursue each phase of the Master Plan in whole or in part. The Plan Commission considered this petition over an eight month period and studied, heard public testimony and deliberated on various aspects of the project including, but not limited to: intended uses on the campus, stormwater management, traffic volumes, improvements to ingress and egress, perimeter buffer areas and open space, building height, lighting, landscaping and overall impacts on the surrounding neighborhoods and the larger community. The Commission recognized that this Master Plan does not answer every question that was raised or provide detailed plans, but concluded that the Master Plan, together with the conditions of the Special Use Permit, establish a strong framework for future decisions as detailed plans for the campus are developed and presented for City review and approval. The revised Ordinance is included in the Council’s packet on page 90. RECOMMENDED ACTION: Given the fact that the revised ordinance has only been available since last Friday, continue consideration of this item to the October 1, 2012 City Council meeting to allow additional time for review; or, if the Council desires, grant final approval of the Ordinance approving a Special Use Permit And The Northwestern Lake Forest Hospital Campus Master Plan subject to conditions of approval as detailed in the ordinance. 2. Consideration of an Ordinance Amending the City Code pertaining to the Elawa Farm Commission (Final Reading) PRESENTED BY CITY MANAGER, ROBERT KIELY On September 4, 2012, the City Council passed the first reading of an ordinance attached beginning on page 117 re-establishing the Elawa Farm Commission. The ordinance outlines the Elawa Farm Commission members appointed by the Mayor with the consent of the City Council, consistent with the process used for most other boards and commissions of the City. The Elawa Farm Commission would be an advisory body to the City Council on matters concerning the use and operations of the building and grounds. RECOMMENDED ACTION: Grant final reading of an ordinance amending the City code relating to the Elawa Farm Commission. 8 September 17, 2012 Agenda Elawa Farm Commission Appointments. Volunteer Profile Sheets begin on page 126 NEW BUSINESS ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:00 P.M. Office of the City Manager September 14, 2012 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. Name Ward Term Mike Rummel, Chairman 2 2 Year Paul Bergmann LB 1 Year Holly Brown 3 2 Year Maxwell Gregory 2 2 Year Samuel Henry 1 1 Year Patricia Moore 3 1 Year Bob Shaw 4 2 Year 9 RESOLUTION WHEREAS, ROBERT M. ZACHER has been a dedicated employee of The City of Lake Forest since September 8, 1992; and WHEREAS, ROBERT M. ZACHER will honorably retire from the City on September 9, 2012; and WHEREAS, ROBERT M. ZACHER served in the following positions during his dedicated career: • Accident Investigator • Youth Officer • Evidence Technician • Bike Officer • Officer in Charge • Field Training Officer WHEREAS, during his career with the City ROBERT M. ZACHER was instrumental in the creation of crime prevention programs directed toward the youth of our community. These programs were designed to present police officers in a non-enforcement environment: • First School Resource Officer • Teen Court Liaison • LEADERS Program • The Donut Bowl with CROYA • Lake Forest Police Department Baseball Clinic WHEREAS, during his career with the City ROBERT M. ZACHER received the following AWARDS • Five (5) Police Department Commendation Awards • Two (2) Honorable Mention Awards • Life Saving Award 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 ROBERT M. ZACHER for his 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 ROBERT M. ZACHER this 17h day of September, 2012. __________________________________ Mayor 10 1 AGREEMENT BETWEEN CITY OF LAKE FOREST AND TESKA ASSOCIATES, INC. This AGREEMENT is made on and entered into this day of September, 2012 by and between the City of Lake Forest, and Illinois Municipal Corporation with offices at 220 E. Deerpath, Lake Forest, IL, 60045 hereinafter referred to as the "CLIENT", and Teska Associates, Inc., an Illinois Corporation with offices at 627 Grove Street, Evanston, Illinois 60201, hereinafter referred to as the "CONSULTANT". WITNESSETH: WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish professional and technical assistance in connection with a Tax Increment Finance Redevelopment Plan for the Laurel/Western Site, hereinafter referred to as the "PROGRAM", and the CONSULTANT has signified its willingness to furnish professional and technical services to the CLIENT. NOW THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultant's Services The CONSULTANT agrees to commence work upon execution of this AGREEMENT, and to perform those services outlined in Attachment "A", a copy of which is attached hereto and incorporated in this Agreement, utilizing the degree of skill and care exercised by practicing professionals performing similar services under similar conditions. CONSULTANT makes no other representations and no warranties of any kind, whether express or implied, with respect to its services rendered hereunder. B. Services to be provided by the CLIENT In the event that any information, data, reports, records and maps are existing and available and are useful for carrying out the work on this PROJECT, the CLIENT shall promptly furnish this material to the CONSULTANT. CONSULTANT 11 2 shall be entitled to rely upon the accuracy and completeness of all information provided by the CLIENT and the CLIENT shall obtain any information reasonably necessary for the CONSULTANT to perform its work under this Agreement. The CLIENT will be responsible for the organization and conduct of all meetings necessary to carry out the services described in Attachment "A". The CLIENT designates Cathy Czerniak to act as its representative with respect to the work to be performed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define the CLIENT's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until the CONSULTANT has been advised in writing by the CLIENT that such authority has been revoked. The CONSULTANT shall assign Lee M. Brown, Project Manager with respect to the work to be performed under this agreement. C. Compensation The CONSULTANT shall be compensated for services on the basis of hourly billing rates for professional and technical staff time devoted to the PROJECT, plus reimbursement for directly-related expenses such as travel (including use of automobiles at $0.555 per mile, tolls, reproduction, subcontractors, etc.). The billing rates for professional staff are: Lee M. Brown $175/hour Other Principals $140 -- $185/hour Senior Associates $115 - $135/hour Associates $90 -- $105/hour Clerical/Technical $60/hour Based upon the Scope of Services in Attachment A, with the exception of Optional Services as identified therein, the maximum compensation for this project will not exceed Forty-Seven Thousand Five Hundred Dollars ($47,500). All tasks identified as “optional” services will be performed only in response to written requests from the CLIENT in accord with Paragraph B above. Compensation for optional services will be subject to mutual agreement between the CLIENT and the CONSULTANT, but would be in addition to this not-to-exceed budget. An accurate accounting of the hours and expenses incurred on the assignment shall be kept by the CONSULTANT and the CLIENT will be invoiced 12 3 accordingly. D. Method of Payment Method of payment shall be as follows: The CONSULTANT shall submit monthly invoices for costs incurred on the PROJECT during the billing period. Invoices are subject to the requirements of the Prompt Payment Act of the State of Illinois. To the extent permitted by applicable law, the CLIENT agrees to pay all costs and disbursements, including reasonable attorney's fees, incurred by the CONSULTANT in legal proceedings to collect for invoices which are delinquent and payable. No interest or collection costs shall be included in the upset maximum budget of this Agreement. If the CLIENT fails to make any payment due the CONSULTANT within sixty (60) days from receipt of the invoice, the consultant may, after giving seven days' written notice to the CLIENT, suspend services under this AGREEMENT until it has been paid in full all amounts due. E. Time of Performance Work shall proceed in a timely manner according to mutually acceptable scheduling adopted between the CLIENT and CONSULTANT. The services of the CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy of this Agreement and shall continue through September 1, 2013. F. Excusable Delays The CONSULTANT shall not be in default by reason of any failure in performance of this Agreement in accordance with its terms (including any failure by the CONSULTANT to make progress in the prosecution of the work hereunder which endangers such performance) if such failure arises out of causes beyond the reasonable control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted or limited to, acts of God, or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, illness, accidents, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the CONSULTANT. 13 4 G. Termination The CLIENT and the CONSULTANT shall have the right to terminate the Agreement by written notice delivered to the other party at least thirty (30) days prior to the specified effective date of such termination. In such event, all finished and unfinished documents prepared by the CONSULTANT under the Agreement shall become the property of the CLIENT upon payment of all invoices properly submitted and due the CONSULTANT under the terms of the Agreement. CLIENT acknowledges that incomplete documents are not represented as suitable for any use or purpose, and further agrees to defend, indemnify, and hold the CONSULTANT harmless from and against all claims, costs, suits, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising from or relating to any use, reuse, or modification of any CONSULTANT-authored documents that occurs without the CONSULTANT’S consent and professional involvement. This includes any subsequent use or completion of any incomplete documents. H. Dispute Resolution The parties agree that all claims, disputes, or other matters in question that arise out of or relate to this AGREEMENT or the breach thereof shall be submitted to non-binding mediation as a condition precedent to the institution of legal proceedings. If mediation fails to resolve the matter, either party may initiate litigation in a court of competent jurisdiction in the State of Illinois. I. Conflict of Interest The CONSULTANT certifies that to the best of his knowledge, no CLIENT's employee or agent interested in the Agreement has any pecuniary interest in the business of the CONSULTANT or the Agreement, and that no person associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the Agreement. 14 5 J. Changes The CLIENT may, from time to time, require or request changes in the scope or deadline of services of the CONSULTANT to be performed hereunder. Such changes, including any appropriate increase or decrease in the amount of compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be incorporated in written amendments to this Agreement. K. Hold Harmless The CLIENT shall hold the CONSULTANT harmless, protect and defend the CONSULTANT against any claims brought by third parties in connection with the implementation of any recommendations made or services rendered by the CONSULTANT in accordance with the Agreement that are not the result of the CONSULTANT'S negligence. To the fullest extent permitted by law, the total liability in the aggregate, of the CONSULTANT to the CLIENT or anyone claiming by, through, or under the CLIENT, whether arising in tort, breach of contract, or by virtue of any other cause of action or legal theory, shall be limited to the coverage and limits of the insurance required of CONSULTANT by this Agreement. The CONSULTANT shall indemnify and hold the CLIENT from and against damages, costs, liabilities, and expenses, to the extent caused by the CONSULTANT’S negligence in the performance of its services under this Agreement. L. Insurance The CONSULTANT shall maintain and keep in force during the term of this Agreement Commercial General Liability and Automobile Liability coverage in the following minimum amounts: Commercial General Liability General Aggregate Limit $3,000,000 15 6 Product-Completed Operation $1,000,000 Each Occurrence Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Medical expense Limit $10,000 Auto - Combined Single Limits (each Accident) $1,000,000 Excess/Umbrella Liability $1,000,000 Workers Compensation (statutory limits) $500,000 16 7 M. Subcontracting A portion of the services covered by this Agreement are authorized to be performed by Sub-Contractors (Kane, McKenna and Associates, and Business Districts, Inc.) under the supervision of the CONSULTANT. No portions of the services covered by this agreement shall be performed by Sub-Contractors other than Kane, McKenna and Associates, and Business Districts, Inc. without the prior written consent of the City. The CONSULTANT shall be as fully responsible to the City for the acts and omissions of the CONSULTANT’s subcontractors and of persons either directly or indirectly employed by the CONSULTANT. IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the date and year first above written. CONSULTANT: CLIENT: TESKA ASSOCIATES, INC. CITY OF LAKE FOREST, IL BY: BY: ________________________ Lee M. Brown President DATE:__________________ 17 8 Scope of Services: Tax Increment Financing and Developer Recruitment Attachment A Scope of Service The Project Area is anticipated to include all properties and rights-of-way adjacent to the City of Lake Forest owned properties northwest of the intersection of Laurel and Western Avenues. Phase 1 of this TIF project, a project eligibility report, has been prepared for the site, and on the basis of its conclusion that the site is eligible as a Tax Increment Finance (TIF) District as defined by State Statute. As a result, subsequent phases, including the creation and adoption of Redevelopment Plan and Program, developer recruitment, and adoption of development agreements, can proceed and are the subject of this scope of services. PHASE 2: REDEVELOPMENT PLAN AND PROGRAM Task 2.1: Project Coordination. The Consultant Team will meet with City staff and the Property and Public Lands Subcommittee to coordinate project schedules and discuss project goals and performance standards. Task 2.2: Market Evaluation. The Consultant Team will evaluate the conditions of residential and retail markets in advance of characterizing the type, scale and submarkets for redevelopment of the project area. New uses and potential business opportunities that could be supported will be identified. BDI will analyze the current relative position of the subject Lake Forest owned properties within the regional marketplace and propose a future market positioning that improves the district’s contribution to the local Lake Forest economy and maintains or increases City revenue. BDI will analyze each redevelopment concept’s revenue impact for public and private partners. Task 2.3 : Community Workshop. The Consultant Team will evaluate the land use concepts, development parameters, and planning principles prepared in 2007-2008 by the Laurel and Western Avenue Redevelopment Committee in light of current conditions. The Consultant Team will conduct a two-day community workshop, including a series of panels with community stakeholders, working sessions with staff and Property and Public Lands Committee members, developer interviews, and culminating in an open house for the community. The product of this workshop will be documented in a summary memorandum leading to the refinement of project goals and objectives, and the foundation for the Redevelopment Plan for the site. Task 2.4 : Redevelopment Plan. The Consultant Team will work with City staff to prepare a Redevelopment Plan, which will include recommended boundaries, recommended land uses, redevelopment areas, infrastructure needs and other public improvements, and projected revenues based on alternative build-out scenarios. Task 2.5: Redevelopment Program. The Consultant will prepare the Redevelopment Program in accordance with the Illinois Real Property Tax Increment Allocation Redevelopment Act. The Redevelopment Program will identify and project costs for land acquisition and disposition, public improvements, and other eligible project expenses. The program will also identify sources of funds, obligations to be issued, an analysis of assessed valuation increments, and an implementation schedule. The Program will include the development of projections for incremental revenues and project expenses during the potential 23 year duration of the TIF District. The City will provide the Consultant with available estimates of the cost of environmental mitigation and public improvements and building demolition or rehabilitation that may be included as eligible project costs. Task 2.6: Boundary Survey and Legal Description. Subsequent to the decision on the final boundaries of the TIF district in Phase 1, the City shall cause to have prepared a legal description of the boundary of the proposed district. Task 2.7: City Council Review: Draft TIF Redevelopment Plan and Program. The Consultant Team will submit a digital copy of the draft Redevelopment Plan and Program and Eligibility report, and will attend a City 18 9 Council meeting to present the proposed Redevelopment Plan and Program. Based on comments and suggestions, the Consultant Team will revise the plan and program and submit a revised copy of a "public review" draft report prior to the meeting of the Joint Review Board. The presentation will focus on recommended redevelopment sites and redevelopment scenarios for those sites, and discussion of redevelopment strategies to pursue during the implementation of the TIF. The presentation will focus on:  Review of conformance to eligibility requirements;  The recommended land uses, design standards, redevelopment sites and redevelopment scenarios for those sites; and  The facilitation of a discussion to reach consensus regarding the redevelopment strategies and options to pursue during the implementation of the TIF. PHASE 3: PUBLIC REVIEW AND ADOPTION Task 3.1 : Public Notice of Meetings and Interested Parties Registry. With the assistance of the Consultant Team, the City will prepare and execute all required mailings and public notifications of the Joint Review Board and other required public hearings as described in State Statutes, and will keep complete records of these notices for each project area. The City will also establish an interested parties registry and publish the details of the registry in a newspaper of local circulation. The Consultant Team will provide technical assistance and model documents as needed. Task 3.2: Joint Review Board Meeting. The City will convene a Joint Review Board (JRB) as required by TIF statute. The Consultant will attend a meeting of the JRB to present the findings of the feasibility study and the Plan and Program. Task 3.3: Public Hearing. The Consultant will participate in the formal public hearing before the City Council or Plan Commission as required by Illinois Revised Statutes. The Consultant will present the Plan and Program, and respond to questions. Task 3.4: City Council Deliberations. The Consultant will attend an additional meeting of the City Council following the close of the TIF public hearing, if necessary, and provide assistance to the Council in its deliberations. Task 3.5: Minor Amendments and Adjustment to Survey and Legal Description. Minor amendments to the TIF Redevelopment Project report will be prepared by the Consultant, if required, as a result of City Council deliberations in Task 3.4. If, on the basis of Council deliberations, the boundaries of the TIF Districts are recommended to be different than the area defined by legal description in Task 2.6, the City will cause to have prepared the necessary adjustments to the survey and legal description necessary for preparation of the ordinances in Task 3.6. Task 3.6: Ordinances. The City’s Corporation Counsel is responsible for preparation of ordinances required for adoption of the TIF District. If requested, the Consultant will provide model ordinances and assistance to the City Corporation Counsel. *OPTIONAL* PHASE 4: DEVELOPER RECRUITMENT The preparation and adoption of a redevelopment plan and program is one element of a successful redevelopment project. Though not specifically requested as part of the RFP for services, the Consultant Team is prepared to lead the City of Lake Forest’s effort to conduct an open and public process for the recruitment and selection of private developer interest in achieving the City’s goals for land use, private investment, quality and character for the redevelopment of the project area. 19 10 Set the Stage Task 4.1 : Set Development Parameters. The Consultant Team and City staff will meet to decide what the basic elements of an acceptable proposal must have and must not have. This may include acceptable and unacceptable land uses, development intensities, physical boundaries, and investment/financial limitations. These are not intended to be the final or specific performance measures, but rather, a characterization of the development to help give a sense of scale to the opportunity to be presented to potential developers, as well as to help define the nature of developers suited to these opportunities. Task 4.2 : Assembly Contact List. The Consultant Team will “read” the development parameters and assemble a list of development contacts to which the RFQ will be presented. City staff may wish to append or amend this list if they have received additional contacts or knowledge suggesting development teams that should be included or excluded due to past experiences. Task 4.3 : Prepare RFQ and RFP. The Consultant Team will prepare a draft prospectus and request for qualifications (RFQ), and separately a draft request for proposals (RFP). These documents will depict current conditions, community motivation and interest in seeking developer involvement, the nature of the opportunity as the City perceives it, the developer selection process, the submission requirements, development guidelines, potential incentives, and the basis for evaluation. The City will review the RFQ and RFP, suggest revisions and refinements, and review the RFQ and RFP with City Council if appropriate. The Consultant Team will make revisions where necessary. Task 4.4: Disseminate and Cajole. The Consultant Team will prepare and disseminate the prospectus and RFQ to the approved contact list. The Consultant Team will conduct follow-up phone calls to assure receipt and attention to the prospectus and RFQ. Evaluate and Pursue Task 4.5 : Evaluate Qualifications. The Consultant Team will evaluate and rank the responses to the RFQ on the basis of the information they submit and reference checks, sharing the ranking with City staff, and recommending a very limited list of development teams to invite to respond to an RFP. If the quality of the submissions is not adequate to distinguish a limited number of finalists, the City may wish to conduct direct interviews with submitters, and the Consultant Team will attend and assist the City with these interviews. Task 4.6: Select Finalists. Using the responses to the RFQ and supplementing those responses with the results of reference checks and, in some cases, interviews, the City then authorizes the Consultant Team to distribute the RFP. Task 4.7: Invite Proposals. The Consultant Team will prepare and disseminate the RFP to the finalists. The consultant will conduct follow-up phone calls to induce timely and creative responses. Evaluation and Selection Task 4.8 : Evaluate the Proposals. The Consultant Team will evaluate and rank the responses to the RFP against the selection criteria, sharing the ranking with City staff, and preparing a summary of the proposals for City Council review. The Consultant Team will attend the presentation/interview of each proposer before the City Council. Task 4.9: Conduct Negotiations and Establish Developer Agreements *OPTIONAL*. Following the selection of a developer of choice, the Consultant Team may be requested, at additional expense, to aid and assist the City of Lake Forest in the negotiation for a development agreement and designation of “Developer of Record”. OPTIONAL ADDITIONAL MEETINGS At the request of the City, TESKA may participate in additional meetings with City officials, City staff, or other organizations or individuals to discuss implementation of the project at the request of the City. TESKA will be compensated for additional meetings on the basis of time and expenses, or as mutually agreed upon. 20 11 End of Scope 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 The City of Lake Forest CITY COUNCIL Proceedings of the September 4, 2012 Regular Meeting 7:30 p.m. – City Hall Council Chambers CALL TO ORDER AND ROLL CALL: Mayor Cowhey called the meeting to order at 7:34 p.m. Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Waldeck, Moore, Schoenheider, Tack, Palmer, Adelman. Absent: Pandaleon; Quorum present. There were approximately 20+ 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; Ramesh Kanapareddy, City Engineer; Susan Banks, Communications Manager; Cathryn Buerger, Deputy City Clerk; Elizabeth Holleb, Director of Finance; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works; Robert Ells, Engineering; Jeff Wait, Superintendent of special Facilities. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Mayor A. Proclamation of “Matt Grevers Day September 4th, 2012” Mayor Cowhey read the proclamation into the record. Alderman Palmer moved, seconded by Alderman Novit to approve the proclamation. B. Proclamation CHAMBER OF COMMERCE WEEK September 10 through September 14, 2012 Mayor Cowhey read the proclamation into the record. Alderman Palmer moved, seconded by Alderman Novit to approve the proclamation. C. Appointment of Lucinda Baier to the Audit Committee- Alderman Schoenheider moved, seconded by Alderman Palmer to approve the appointment of Lucinda Baier to the Audit Committee. Motion carried unanimously by voice vote. Next item listed was moved up to the beginning of the meeting at the Mayor’s request: A. Public Works Committee- Alderman Novit 1. Presentation by the Center for Conservation Leadership Program/Phase II Recycling Update Strawn and Will Dixon, juniors from Lake Forest High School, presented a short video they created regarding recycling. Michael Thomas, Director of Public Works briefed the Council on phase II of the recycling cart program. October 1 The City of Lake Forest will no longer pick up recycling from residents in the small bins. Only bins that are on wheels will be picked up. 2. Comments by City Manager A. Lake Forest College Quarterly Update-LF College liaison, Lucy George-Cooper briefed the Council on the current activities, as well as a summary of efforts the College has performed over the past five years at Lake Forest College. Mayor Cowhey welcomed the freshmen to The City of Lake Forest and wished them well. B. Hands-Free Cell Phone Ordinance Update/Text Free Proclamation – Acting Chief, Jim Held briefed the Council regarding the department’s plan on enforcing the new law. Mayor Cowhey requested staff to work on a plan to help educate the public on what equipment constitutes hands free. For example what is Bluetooth? C. Community Task Force Update- City Manager, Bob Kiely briefed the Council on a task force that was formed over the summer regarding the recent tragedies in Lake Forest and Lake Bluff. Task Force has been working on coming up with recommendations that will be presented at a later date. D. Municipal Shared Services Update- City Manager, Bob Kiely briefed the Council on where The City of Lake Forest is regarding the studies of multijurisdictional options. There are two being looked at currently; Fire services study and centralized dispatching. The goal is not to diminish the quality of service. Alderman Novit expressed his concern about control and shared services. Alderman Schoenheider expressed his concern about how this will affect the residents and the type of service the residents would still be receiving. 77 Proceedings of the September 4, 2012 Regular City Council Meeting E. Special Event - Oktoberfest at Market House on the Square City staff met with Mark Westcott of Market House requesting approval to close Southgate between Bank Lane and Forest Avenue to host an “Oktoberfest” on Saturday, September 29, 2012 between the hours of 6:00 p.m. and 11:30 p.m. The logistics include a band set up on Southgate at the corner of Southgate and Bank Lane, and tables and seating set on Southgate so residents can enjoy the band. City Staff recommends approval of the event with the following conditions; one police officer present at the event paid by Mark Westcott, a temporary fence installed at Southgate and Bank Lane, Southgate and Forest and Amidei entrances, and a $1 million certificate of insurance naming the City as additionally insured is required. Music will stop at 11:00 p.m. and the event vacated by 11:30 p.m. Market House is responsible for enforcing identification of attendees and monitoring of the event. They expect 75-100 people to attend the special event. Mark Westcott stood before Council and gave an overview of the event. RECOMMENDED ACTION: City Staff recommended approval of the event with the following conditions; one police officer present at the event, a temporary fence installed at Southgate and Bank Lane, Southgate and Forest and Amidei entrances, and a $1 million certificate of insurance naming the City as additionally insured is required. Alderman Moore moved, seconded by Alderman Palmer to approve the event with the following conditions; one police officer present at the event, a temporary fence installed at Southgate and Bank Lane, Southgate and Forest and Amidei entrances, and a $1 million certificate of insurance naming the City as additionally insured is required. Motion carried unanimously by voice vote. B. Golf Course Advisory Committee- Alderman Adelman Deerpath Golf Course First Quarter FY2013 Performance Alderman Adelman made comments regarding the status of the course. He turned it over to Superintendent of Special Facilities; Jeffrey Wait who briefed the Council on a review of Deerpath’s performance will highlight memberships, rounds, revenue and expenses through July 2012. City Staff has worked extensively and collaboratively with KemperSports Management and the Golf Advisory Committee to improve the financial condition of Deerpath. Together we have made great improvements for this fiscal year and for the future. Weather has again played a significant factor in this year’s golf revenues (in 2011 we experienced multiple June storms and in 2012 severe heat). Despite these hurdles, total revenue at the end of the first quarter is only $13 short of budget, with ancillary revenues of lessons and merchandising off-setting the decline in total revenue from memberships. Total expenses are tracking below budget (average of 36%) for all areas except maintenance due to the increased need for chemicals and water to mitigate extreme heat impacts. Numerous marketing efforts have been implemented and will be fully evaluated this fall for their effectiveness. Two significant promotions were started in July: the Annual Pass Test Drive and the Beat the Heat green fee sale. Also, GolfNow, an online tee sales company that offers reduced prices at the “2 days and under” time frame, was integrated into the tee sheet in the final week of July. In the few short weeks since partnering with GolfNow we have sold over 150 non-prime time tee times. Below is a more detailed overview of usage and fiscal performance through July 2012: Memberships Staff budgeted based on 400 members for this fiscal year (actual prior year was 379 total members). Currently, we have sold 398 memberships achieving approximately 70% of the anticipated revenue. Single Memberships experienced the greatest decline (-31), however, this loss was partially off-set by Junior Memberships. The General Manager and the Director of Golf Instruction attracted a large group of Lake Forest Country Day School students with a package that included a half-priced Junior membership combined with lessons. Rounds Staff’s annual goal for the course was 32,000 total rounds and current total rounds are 11,503. Deerpath has achieved 42% of the budgeted number of rounds to date, which reflects an increase of paid rounds compared to prior year at this same time. According to the National Golf Foundation’s most recent quarterly report, Deerpath was tracking well with other Chicago land public courses through June (average of 8% increase over prior year). With the unseasonably warm May, Deerpath’s first quarter started with rounds that were up over the previous year; however, as the weather turn extremely hot in late June and early July, rounds began to falter. In July the first 7 days had temperatures over 90 degrees and the month ended with 15 days above 90 degrees. Add in the four days affected by rain and 61% of July’s days were negatively affected by weather. To be proactive due to the weather impacts, staff did offer rate specials in order to attract daily fee play. For July the course ran a Beat the Heat $39/$49 weekday/weekend special that was well received. Due to this special, total daily fee rounds achieved 103% of the monthly budgeted rounds. Rounds Actual Budget Budget % Member 6,699 17,556 38% Daily Fee (Resident and Non-Resident) 6,804 14,444 47% Total 13,503 32,000 42% 78 Proceedings of the September 4, 2012 Regular City Council Meeting Revenue Deerpath’s total revenue is currently at 59% of budget and with a good fall, is on pace to exceed budget projections. Lesson revenue is one of the reasons we have kept revenue pace. Through July, Deerpath Golf Academy (camps and lessons) has achieved 143% of its budget. The City’s portion (30%) is $37,362, well above the $16,935 the course received for the entire FY2012 and this is only the first three months of FY13. Actual Budget Budget % Daily & Cart Fee $296,274 $505,762 59% Merchandise $14,818 $16,748 88% Range $33,240 $47,451 70% Memberships $317,513 $450,869 70% Other (lessons/donations/concessions) $144,380 $347,843 41% Total $806,225 $1,368,673 59% Expenses Overall expenses are on track with budget projections at the end of the first quarter. The exception was in the Maintenance sub- center due to increases necessary for chemical and water expenses to address the extreme heat. However, these maintenance expenses were offset slightly with reduced seasonal wages as that the turf grass did not need to be mowed as frequent. Administration has primarily the fixed monthly expense items and is tracking appropriately. The largest Clubhouse expenses include Kemper fees and Richard Franklin. Though Kemper fees are fixed, Richard Franklin’s contractual lesson services vary but the expenses related to lessons will be offset by proportionate revenue. Expense Summary Actual Budget Budget % Administration $149,529 $740,148 20% Maintenance $102,130 $199,796 51% Clubhouse $243,535 $443,882 54% Grand Total $495,194 $1,383,826 36% Overall, the course is on track with its fiscal performance and if we experience a decent fall weather season, staff is confident we will see an improved financial position compared to FY12. Alderman Moore expressed concerns on how the numbers were presented. He requested a better expression of numbers to show a more accurate account quarterly. 3. Comments by Council Members Alderman Moore briefed the Council on the Wireless Task Force. A goal is forthcoming and Alderman Moore wanted to thank Cathy Czerniak for her assistance. Alderman Adelman wanted to remind people there is no bike riding or skateboarding in the business districts and to please use the bike lanes on Everett. Alderman Novit expressed his interest to have City staff request the Plan Commission to reexamine the zoning ordinances regarding installation of fencing. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS- None Georgia West 300 Bluffs Edge stood before Council to express her concerns about the fence in her neighborhood. 79 Proceedings of the September 4, 2012 Regular City Council Meeting ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Check Register for Period July 28 - August 24, 2012 Fund Invoice Payroll Total General 351,617 1,018,862 1,370,479 Water & Sewer 80,986 102,364 183,350 Parks & Recreation 152,158 352,888 505,046 Capital Improvements 50,046 3,314 53,360 Bond Funds - Projects 0 0 0 Motor Fuel Tax 0 0 0 Cemetery 6,043 16,500 22,543 Senior Resources 17,518 18,556 36,073 Deerpath Golf Course 41,606 42,602 84,208 Fleet 110,291 34,197 144,488 Debt Funds 0 0 0 Housing Trust 38,565 0 38,565 Park & Public Land 0 0 0 All other Funds 236,337 137,988 374,325 $ 1,085,168 $ 1,727,271 $ 2,812,439 2. Adopting the July 12, 2012 amendment of Lake County Watershed Development Ordinance to remain a Lake County Certified Stormwater Community. PURPOSE AND ACTION REQUESTED: Adoption by reference of the Watershed Development Ordinance of Lake County, Illinois as amended by the Lake County Board effective July 12, 2012. BACKGROUND / DISCUSSION: On June 19, 1992, The City of Lake Forest became the first community in Lake County to adopt the countywide Watershed Development Ordinance (WDO). This ordinance contains the minimum stormwater and drainage standards by which all development within the county must be designed. The Lake County Stormwater Management Commission (SMC), which is the county agency responsible for overseeing that this ordinance is being followed on a countywide basis, recognizes The City of Lake Forest as a Certified Stormwater Community that is able to administer the ordinance on our own with only periodic review by the SMC. All wetlands related permitting are still administered through SMC. Since this ordinance was first adopted in 1992, it has been revised on seven (7) other occasions. Periodic review of the Watershed Development Ordinance is undertaken by SMC to ensure that it is both up to date on technical issues and to remove any ambiguities that may arise in interpreting the regulations. The Lake County Board adopted the latest revisions to the Watershed Development Ordinance recommended by the SMC on or about July 12, 2012. The City of Lake Forest, through the WDO, is in good standing with the National Flood Insurance Program (NFIP). As a NFIP member Federal Emergency Management Association (FEMA) provides the City residents to buy flood insurance at a discounted rate. The WDO allows an Enforcement Officer (City Engineer) to resolve drainage and flooding related concerns within the community. The WDO also regulates infrastructure improvements and detention requirements within School district jurisdiction. Ever since its adoption in 1992 City has received zero deficiencies from SMC in enforcing the WDO. RECOMMENDED ACTION: It is recommended that Article IV: Planning – Watershed Development of Chapter 31 “Planning” of The City of Lake Forest Code be rescinded and replaced with the adoption by reference of the Lake County Watershed Development Ordinance of Lake County, Illinois approved as amended by the Lake County Board effective July 12, 2012. 80 Proceedings of the September 4, 2012 Regular City Council Meeting 3. Award of contract for the Boat Storage Yard Resurfacing project. PURPOSE AND ACTION REQUESTED: Staff recommends waiving the bidding process and amending the 2012 Joint Annual Pavement Patching contract to include the Boat Storage Yard Resurfacing project and awarding the contract to Schroeder Asphalt Services, Inc. BACKGROUND/DISCUSSION: The Parks & Recreation Department had identified the resurfacing of Boat Storage Yard as one of their high priorities and had budgeted accordingly in FY 13. Since the scope and the budget of the project is small and summer being the peak time for construction it is difficult to get contractors to bid and expect quality bids. With such limitations it is advantageous to seek proposals from contractors who were already in town working on City projects. The cost savings on mobilization and the proximity of the asphalt plant will be beneficial in receiving competitive bid prices. City’s Engineering staff reached out to the two low bid contractors who were awarded this year’s two asphalt-related contracts. The 2012 Joint Annual Pavement Resurfacing Program was awarded to Peter Baker & Son and the 2012 Joint Annual Pavement Patching Program was awarded to Schroeder Asphalt Services, Inc. Both these contracts were bid as a Municipal Partnership Initiative (MPI) program bids. As Council may recall, MPI is a program that takes advantage of economies of scale for securing low bid prices among neighboring municipalities who bid similar projects each year. BUDGET/FISCAL IMPACT: A summary of the bids received is as follows: BIDDER TOTAL BID Schroeder Asphalt Services, Inc. $40,469.75 Peter Baker & Son $48,125.00 Engineer’s Estimate $69,000.00 The breakdown of the asphalt unit prices for the two bids is below: BIDDER ASPHALT PER TON Schroeder Asphalt Services, Inc. $86.00 Peter Baker & Son $95.00 The asphalt unit prices for such a small project from the two contractors are favorable. The low bidder, Schroeder Asphalt Services, Inc. (Schroeder) has considerable experience working in Chicagoland on similar type of projects. The bid from Schroeder in the amount of $40,469.75 is lower than the Engineer’s Estimate. Since the City received good competitive prices it is the recommendation of staff to award the project to Schroeder. Schroeder is tentatively scheduled to start work for the 2012 Annual Pavement Patching program on Mon, Sept 24, 2012. A portion of the CROYA parking lot is also scheduled to be repaved during the week of Sept 24, 2012. Due to an event scheduled at the Beach on the Sept 28 weekend the work on Boat Storage Yard is tentatively scheduled to start the week of Oct 1. The project is scheduled to be completed by Oct 12, 2012. The Engineering staff has coordinated with the Parks and Recreation Department on this project and provided information to the boaters in advance on this project. City’s Engineering staff will provide daily inspectional services oversight to minimize any potential complaints from residents. Below is an estimated summary of Project budget: FY2013 Funding Source Amount Budgeted Amount Requested (incl. 5% contin.) Budgeted? Y/N Park and Recreation Fund $70,000.00 $42,493.24 Y RECOMMENDED ACTION: Staff recommends waiving the bidding process and amending the 2012 Joint Annual Pavement Patching contract to include the Boat Storage Yard Resurfacing project and awarding the contract to Schroeder Asphalt Services, Inc. in the amount of $42,493.24 to include authorization to expend, if necessary, an additional amount not to exceed 5% of the contract award for unforeseen change orders that may occur during the administration of this project. 81 Proceedings of the September 4, 2012 Regular City Council Meeting 4. Approval of the Assistance to Fire Grant system (AFG) for video conferencing to be installed in both City fire houses in the amount of $21,514 from the FY13 CIP budget Staff is requested authorization to ratify a grant received from The Department of Homeland Security. The Fire Department participated in a regional grant opportunity to secure funding for a video conferencing system. The City is only required to provide 20% matching funds towards the overall cost of the project. This regional grant was submitted by the Countryside Fire Protection District, on behalf of seven fire departments, on September 20th, 2011. Subsequently, the grant was awarded to all participating fire departments on January 27th, 2012. The Assistance to Fire Grant system (AFG) is run by the Department of Homeland Security and assists fire departments across the country with funding needs. The primary goal of the AFG is to meet the firefighting and emergency response needs of fire departments and nonaffiliated emergency medical service organizations. Since 2001, AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources necessary for protecting the public and emergency personnel from fire and related hazards. The entire grant was written for $686,911 which will be divided between the Federal Government and the seven participating fire departments. The City’s portion of this regional grant for video conferencing in both fire houses is $107,568. Therefore, the City’s required 20% match is $21,514, which would need to come from the FY13 budget. The video conferencing system will allow meetings and trainings o be held while firefighters remain in their quarters, which keeps firehouses manned, reduces vehicle maintenance costs, reduces fuel costs, thereby reducing our carbon foot print. Additionally, Fire Station #2 houses the City’s Emergency Operations Center (EOC), which will also benefit by the installation of this cutting edge technology. Video Conferencing Budget: FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 3117552-4227549 $24,000 $21,514 Y RECOMMENDED ACTION: Staff recommended approval of the (AFG) regional grant for video conferencing to be installed in both City fire houses in the amount of $21,514 from the FY13 CIP budget. An allocation of $24,000 was placed in the FY13 CIP for this project. 5. Award of Purchase for the Replacement of a ½-Ton Extended Cab Pick-Up Truck for the Water & Sewer Utilities Section Included in the FY2013 Capital Equipment Budget PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award a bid for the replacement of unit #904, a 2001 Chevrolet pickup truck used by the Water & Sewer Utilities Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in two local newspapers, and placed all specifications on the City’s website. If the bids are awarded by City Council, staff anticipates receiving the replacement truck in late October 2012. BACKGROUND/DISCUSSION: The current unit #904 is a 2001 Chevrolet ½-ton pickup truck with approximately 150,000 miles. It is a utility pickup truck that is used throughout the Section’s operations. It carries tools for main breaks, sewer repairs, keys for valve turning, and various locate equipment. Over the past twelve months, the truck has experienced significant differential issues. The rocker panels are severely rusted and the unit’s transmission and oil pans have recently been replaced due to significant underbody corrosion. BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at both the November 2011 and March 2012 budget meetings. As previously noted, all required bidding procedures were adhered to and the following bids were received on July 26, 2012: Dealership Location Bid Trade Net Palmen GMC Kenosha, WI $26,109 $4,000 $22,109 Bob Fish GMC West Bend, WI $24,763 $2,112 $22,651 Finley GMC Beloit, WI $25,303 $2,500 $22,803 Haggerty Chev. Glen Ellyn, IL $25,285 $1,700 $23,585 Ray Chevrolet Fox Lake, IL $24,727 $1,000 $23,727 Rockenbach Chev. Grayslake, IL $25,600 $1,800 $23,800 Village GMC Warrenville, IL $26,437 $2,500 $23,937 Advantage Chev Hodgkins, IL $26,148 $1,500 $24,648 *Libertyville Chev. Libertyville, IL $35,539 $ 0 $35,539 *Late bid The City’s fleet of pickups, one ton dumps, and police equipment is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet GM vehicles, the mechanics are able to streamline repair services and the parts inventory is minimized due to many common parts. It does not matter if the product is a GMC or a Chevrolet; they both use the same part numbers and can receive warranty work at any GM dealership. Staff therefore recommends awarding the bid to lowest bidder. 82 Proceedings of the September 4, 2012 Regular City Council Meeting FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 508-0001-433-75-02 $24,000 $22,109 Y RECOMMENDED ACTION: Award of purchase for the replacement of pick-up truck #904 to the lowest responsible bidder, Palmen GMC in the net amount of $22,109. This is $1,891 under the budget amount of $24,000. 6. Award of Purchase for the Replacement of a One-Ton Hooklift Dump Truck for the Parks & Forestry Section Included in the FY2013 Capital Equipment Budget PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award two bids (chassis and body) for a one-ton hooklift dump truck for the Parks & Forestry Section. Staff is recommending that the existing hooklift be removed from truck #628, refurbished, and reinstalled on a new chassis. Per Purchasing Directive 3-5, staff sent bid specifications to multiple chassis and body vendors, had the invitation to bid printed in two local newspapers, and placed all specifications on the City’s website. If the recommended bids are awarded by City Council, staff anticipates receiving the replacement truck in January 2013. BACKGROUND/DISCUSSION: The current unit #628 is a 1999 Ford F-350 one-ton dump truck and is used for hauling heavier loads of material (dirt, logs, etc.) The vehicle is used in the Parks & Forestry operations and with its hooklift capabilities, the truck can easily change from a dump body to a flatbed or a v-box salt spreader, all in a matter of seconds. The City already has all of these truck bodies and therefore staff is not recommending replacement of any at this time. The vehicle is also used extensively in the winter months for the plowing and hauling of snow in the various City parking lots. The unit has had significant issues with the transmission over its life with the City. Over the past twelve years, Fleet Maintenance has replaced the transmission with rebuilts on five different occasions. Unlike the Chevrolet products, the City has had significant problems with the transmissions on Ford one-ton trucks and as a result, ten years ago opted to standardize its fleet with GM products. The Allison transmission matched with the Duramax diesel offered in GM products has proven to be far superior in its overall operation and reliability. BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at both FY2013 budget meetings in November 2011 and March 2012. As previously noted, all required bidding procedures were adhered to and the following bids for both the chassis and dump body/hydraulics were received. Chassis Dealership Location Bid Trade Net Palmen GMC Kenosha, WI $33,508 $7,000 $26,508 Bob Fish GMC West Bend, WI $32,791 $4,618 $28,173 Rockenbach Chev. Grayslake, IL $34,200 $4,800 $29,400 Finley GMC Beloit, WI $34,780 $5,000 $29,780 Haggerty Chevrolet Glen Ellyn $33,691 $3,091 $30,600 John Paul GMC Greenfield, WI $34,291 $3,500 $30,791 Ray Chevrolet Fox Lake, IL $33,592 $2,700 $30,892 Advantage Chev. Hodgkins, IL $33,807 $ 800 $33,007 Village GMC Warrenville, IL $34,841 $1,000 $33,841 Dump Body / Hydraulics Company Bid Amount Lindco Equipment $32,366 Over the past ten years, staff has worked with many Chevrolet/GMC dealerships and Lindco Equipment on the purchase of multiple pieces of equipment for the City’s fleet. For consistency, staff recommends that the City continue using both the Chevrolet / GMC products along with the plow/spreader controls and hydraulic systems offered by Lindco Equipment. Almost all of the snow removal equipment used by the City is operated by the Certified Power hydraulic system. The Fleet Maintenance staff continues to have success with these systems every winter. In addition, the City continues to receive good responses to warranty work from Chevrolet/GMC dealers, as well as Lindco Equipment. FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 223-5774-452-75-01 $65,000 $58,874 Y 83 Proceedings of the September 4, 2012 Regular City Council Meeting RECOMMENDED ACTION: Award of purchase for the replacement of a one-ton chassis to the lowest responsible bidder, Palmen GMC, in the net amount of $26,508 and the body/hydraulics to Lindco Equipment Company in the amount of $32,366. 7. Award of Bid for Two Box Plows for the Streets & Sanitation Section Included in the FY2013 Capital Equipment Budget PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase two box plows for the annual snow removal program. As the total number of available personnel has been reduced over the past three years, staff revised the snow plan to be more efficient in all aspects of the program. Box plows will be used for both parking lot and Central Business District snow removal. They efficiently move large quantities of snow into a single pile that is then blown (with the City’s new snow blower) into waiting trucks. Two sizes of box plows were specified and placed out to bid. If the bids are awarded by City Council, staff anticipates receiving the two box plows in early November 2012. BACKGROUND/DISCUSSION: The two new box plows will be used both during and after snow events. They can each expand in width hydraulically, thereby being able to pull snow from opened parking spaces as the box plow passes. This operation is much safer since no backing in and out of opened parking spaces to remove the snow is required. The larger of the two box plows can be used on either of the City’s front-end loaders and the smaller one, with its skid steer plate, can attach to the City’s multiple compact loaders, skid steers, and tractors. BUDGET/FISCAL IMPACT: The purchase of these two plows was discussed at both the November 2011 and March 2012 budget meetings. All required bidding procedures were adhered to and the following bids were received on July 26, 2012: 9’-14’ Expandable Snow Wing Plow Vendor Make Model Price R.A. Adams HLA 3200W914 $9,110 DeJong Equipment HLA 3200W914 $9,632 *R.G. Smith Grattex Extendible $10,334 *Late bid 10’-16’ Expandable Snow Box Plow Vendor Make Model Price *R.G. Smith Grattex Extendible $12,435 DeJong Equipment S. Houle Artic Blaster “M” $30,505 R.A. Adams S. Houle Artic blaster “M” $35,259 *Late bid The HLA plow from R.A. Adams for the 9’-14’ expandable snow wing meets the City’s specifications. The low bidder for the second box plow turned the bid in one day after the bid opening. Regardless, their proposed Grattex box plow does not meet the City’s specifications as it is half the weight (half the steel) as the S. Houle box plow and operationally will not allow piling of the snow with its top cover design. The second box plow is much larger and is built to move large quantities of snow. FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 311-5001-450-75-49 $45,000 $39,615 Y RECOMMENDED ACTION: Award of purchase for a 9’-14’ snow wing plow to R.A. Adams in the amount of $9,110 and a 10’-16’ expandable box plow to DeJong Equipment in the amount of $30,505. The combined total of $39,615 is $5,385 under the budgeted amount of $45,000. This savings will be used to offset other FY13 General Fund capital equipment purchases 8. Award of Purchase for the Replacement of a One-Ton Dump Truck for the Parks & Forestry Section Included in the FY2013 Capital Equipment Budget PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award two bids (chassis and body) for a one-ton dump truck for the Parks & Forestry Section. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple chassis and body vendors, had the invitation to bid printed in two local newspapers, and placed all specifications on the City’s website. If the bids are awarded by City Council, staff anticipates receiving the replacement truck in January 2013. BACKGROUND/DISCUSSION: The current unit #329 is a 1999 Chevrolet one-ton dump truck and is used for hauling grass, leaves, brush, and woodchips. Parks & Forestry maintenance employees also use the vehicle for various maintenance and repair activities throughout all City parks. Finally, it is used in the winter months to assist with snow removal functions at City buildings and at both train stations. 84 Proceedings of the September 4, 2012 Regular City Council Meeting The unit has severe rust and corrosion (both structural and cosmetic) throughout its frame, brake and fuel lines, suspension parts, floorboard, rocker panels, and the main dump body. It has accrued more than 80,000 miles. BUDGET/FISCAL IMPACT: Replacement of this truck was discussed at both FY2013 budget meetings in November 2011 and March 2012. As previously noted, all required bidding procedures were adhered to and the following bids for both the chassis and dump body/hydraulics were received. Chassis Dealership Location Bid Trade Net Rockenbach Chev. Grayslake, IL $36,900 $3,800 $33,100 Palmen GMC Kenosha, WI $36,222 $2,000 $34,222 Haggerty Chev. Glen Ellyn, IL $36,305 $1,905 $34,400 Advantage Chev. Hodgkins, IL $36,215 $1,200 $35,015 Bob Fish GMC West Bend, WI $36,595 $1,510 $35,085 Finley GMC Beloit, WI $37,180 $2,000 $35,180 Ray Chevrolet Fox Lake, IL $36,207 $1,000 $35,207 Village GMC Warrenville, IL $37,455 $2,000 $35,455 John Paul GMC Greenfield, WI $40,093 $2,500 $37,593 Dump Body / Hydraulics Company Bid Amount Lindco Equipment $42,511 Over the past ten years, staff has worked with many Chevrolet/GMC dealerships and Lindco Equipment on the purchase of multiple pieces of equipment for the City’s fleet. For consistency, staff recommends that the City continue using both the Chevrolet/GMC products along with the plow/spreader controls and hydraulic systems offered by Lindco Equipment. Almost all of the snow removal equipment used by the City is operated by the Certified Power hydraulic system. The Fleet Maintenance staff continues to have success with these systems every winter. In addition, the City continues to have good working relationships for warranty work from both the Chevrolet/GMC dealers and Lindco Equipment. With the replacement truck being approximately $15,000+ over the budgeted, staff is requesting that the overage be covered by the proceeds received from the sale of used City equipment during May’s Northwest Municipal Conference Auction. The City received over $28,000 for the twenty pieces it sold. Over two-thirds of the pieces sold were Parks & Forestry equipment. FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 223-5774-452-75-01 $60,000 $75,611 Y RECOMMENDED ACTION: Award of purchase for the replacement of a one-ton chassis to the lowest responsible bidder, Rockenbach Chevrolet, in the net amount of $33,100 and the body/hydraulics to Lindco Equipment Company in the amount of $42,511. To pay for the overage, staff requests the use of proceeds received at the May 19, 2012 Northwest Municipal Conference Equipment Auction. 9. Award of Bid for One Side Dump 25-Yard Trailer for the Streets & Sanitation, Water & Sewer Utilities, and Parks & Forestry Sections Included in the FY2013 Capital Equipment Budget PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase a side dump trailer for the multiple maintenance operations in both the Public Works and Parks & Recreation Departments. The trailer will allow the various Sections to reduce truck trips and haul large quantities of material at a lesser cost. A side dump trailer was chosen over a conventional rear dump trailer simply for the safety features it offers. Traditional dump trailers have the potential to tip on their side when being dumped and can seriously injure or possibly kill the driver of the truck. If the bids are awarded by City Council, staff anticipates receiving the dump trailer in late September 2012. BACKGROUND/DISCUSSION: Throughout the year, all maintenance operations move material to and from the Municipal Services yard, as well as from one jobsite to another. In an attempt to become more efficient by using less manpower and fewer trucks to haul larger size loads, a side dump trailer is being requested. Parks & Forestry moves large amounts of wood chips, mulch, and black dirt. Water & Sewer Utilities move large amounts of CA-6 (backfill stone) and spoils (clay) from water main and sewer dig jobs. Streets & Sanitation haul snow out of the Central Business District and parking lots and asphalt that has been removed during the summer’s patching program. All of these materials require multiple trips with multiple trucks and personnel. For every four to five single axle dump trucks that are used, one trailer would haul the same quantity of material. BUDGET/FISCAL IMPACT: The purchase of a side dump trailer was discussed at both the November 2011 and March 2012 budget meetings. All required bidding procedures were adhered to and the following bids were received on July 26, 2012: 85 Proceedings of the September 4, 2012 Regular City Council Meeting Company Make Model Amount *R.G. Smith Clement CN098 $47,930 Side Dump Industries Side Dump Industries DS-392 $57,819 Henderson Truck Eqpt. Henderson Products Black Belt BBT-39 $96,700 *Late bid Staff researched both the Clement and Side Dump Industries trailers (SDI hereafter). The Clement trailer, in general, did not have an equal or superior construction or the operating benefits of the SDI trailer. The SDI trailer allows for the load to be dumped without jackknifing the truck to offset the truck’s balance. The 50 degree dump angle provided by SDI trailers make it a much sturdier trailer while in the dump mode and the material itself is dumped three feet out from the trailer so the trailer’s axles do not run over the load as it pulls away. Finally, the SDI trailer is constructed with Domex steel throughout which is a very strong, reliable, steel made in Sweden. Staff anticipates having this trailer for 20+ years. Each of the three operating Sections allocated $16,000 in this year’s capital equipment budget to purchase and share this trailer. With this trailer being approximately $9,800 over the budgeted amount, staff is requesting use of the proceeds received by the sale of used City equipment at May’s equipment auction held by the Northwest Municipal Conference. Proceeds from this sale exceeded $28,000. FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 311-5001-450-75-49 $48,000 $57,819 Y RECOMMENDED ACTION: Award a bid for a side dump trailer to Side Dump Industries in the amount of $57,819; this is $9,819 over the budgeted amount of $48,000. Staff requests that the overage be covered by proceeds received by the sale of used City equipment at the May 2012 Northwest Municipal Conference Auction. 10. Approval of the purchase of FY2013 computer workstations and laptops for all City departments. PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval for the purchase of Dell computers, laptops, and a Panasonic Toughbook. The project is to replace the desktop computers and laptops that have aged beyond the City’s six (6) year replacement program. BACKGROUND/DISCUSSION: The City has thirty-three (33) desktop computers, seven (7) laptops, and one (1) ruggedized laptop recommended for replacement in FY2013. All are considered end of life (EOL) as they no longer have a warranty and most are starting to report reduced performance when performing common tasks. The oldest computers of this proposed replacement are 12 years old, with the average being 7.1 years old. The City’s current inventory of computers consists of 188 desktops, 35 laptops, 39 tough books and 22 iPads. The proposed replacement desktop systems include higher efficiency / energy savings with Energy Smart power settings and a high-efficiency power supply. According to Dell’s Energy Savings Calculator, the City would save approximately 7,473 kWh annually. Additionally, performance increases of 17 times can be realized in processing speeds based on independent benchmark studies between the proposed computing platform and the average proposed replaced workstation. The City standardized all desktops and laptops with Dell products 12 years ago. The standardizations help staff to efficiently deploy, troubleshoot, and maintain the systems. Dell provides the City with government contract pricing based on the Midwestern Higher Education Compact (MHEC) contract pricing, Contract 45ABZ MHEC. MHEC is an instrumentality of state government founded in 1991 serving Illinois and eleven other states. Contracts must adhere to the purchasing policies of the MHEC member states. The City standardized all ruggedized laptops for heavy field use with Panasonic Toughbook products 12 years ago. This type of laptop is engineered to withstand drops, moisture, dust, debris, and to perform in harsh environments. CDS Office Technologies provides the City with Illinois State joint purchasing contract pricing based on Illinois Master Contract #CMS8291640. BUDGET/FISCAL IMPACT: On August 13, 2012, staff received the following pricing from Dell Direct for this project: Company Total Amount Dell, Inc. $33,177 On August 23, 2012, staff received the following pricing from CDS Office Technologies for this project: Company Total Amount CDS Office Technologies $3,864 86 Proceedings of the September 4, 2012 Regular City Council Meeting FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capital Fund 311-0050-415.66-11 $40,000 $37,041 Y RECOMMENDED ACTION: Waive the bid process and approve the purchase of thirty-three (33) desktops and seven (7) laptops from Dell, Inc. in the amount of $33,177, and purchase of one (1) ruggedized laptop from CDS Office Technologies in the amount of $3,864. Total purchase price for this project is $37,041. 11. Approval to renew contracts for telecommunication services with Call One through the Suburban Purchasing Cooperative of the Northwest Municipal Conference PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to renew two (2) contracts for telecommunications services, which include two (2) business exchange access lines (PBX Trunks) and all standard telephone lines, local and long distance services. BACKGROUND/DISCUSSION: The City originally executed a three-year contract with Call One in 2009. Call One was awarded the 2009 Suburban Purchasing Cooperative (SPC) Telecommunications contract. The SPC, a cooperative of one hundred thirty- five (135) municipalities in Illinois, has subsequently awarded three (3) consecutive one-year contract extensions for telecommunications services to Call One, which currently expires December 31, 2012. Every municipality and government agency in the State of Illinois is authorized to participate in this program. The SPC reports that currently 172 municipalities or other agencies throughout Illinois participate in the telecommunications contract with Call One. Call One has offered the City two renewal options for consideration. The standard thirty-six (36) month SPC contract pricing offers the City a fifteen percent (15%) discount on all rates for lines and features on the existing AT&T PRI, local, and long distance contract. Features include local service, long distance, digital circuits, customer service support, and billing assistance. Rates and discounts are subject to those contained in the SPC underlying agreement. Under the SPC agreement, Call One has the authorization to offer alternate proposals in addition to the standard contract pricing. Call One has proposed an optional service contract to change to their preferred service carrier. The carrier change will offer the City a cost savings and an additional benefit of incoming caller ID with name, a service which the City currently does not have. This change requires installation of a new PRI at two City locations to allow connection to the new service provider. The City would contract at a nominal cost to have a contracted vendor onsite to ensure that the service cutover results in no prolonged service interruption with the City’s Siemens phone system. An added feature to the contract with Call One under either option is single source billing, optimizing the accounts receivable, trending and budgetary review processes for telecommunications services. BUDGET/FISCAL IMPACT: On August 24, 2012, staff received the following contract options from Call One, based on May 2012 service levels (subject to change): Contract Est. Monthly Charges AT&T PRI, Local, and Long Distance Renewal $5,787 Call One PRI, Local, and Long Distance $5,243 These costs are budgeted as follows: FY2013 Funding Source Account Number* Account Budget Amount Requested Budgeted? Y/N General Fund Non-Dept. 101-2501-499.53-10 $40,000 $36,000 Y Parks & Rec. Administration 220-8065-451.53-10 $18,000 $16,200 Y Water & Sewer Non-Dept. 501-2501-499.53-10 $14,000 $12,600 Y * Telecommunications costs are also allocated to other cost centers in minor amounts. RECOMMENDED ACTION: Waive the bid process and approve a three (3) year contract with CallOne for CallOne’s preferred carrier for City PRI, Local, and Long Distance service based on the Suburban Purchasing Cooperative Telecommunications contract. 12. Death Certificate Fee Increase The City of Lake Forest is the local Registrar for Birth and Death Certificates for Northwestern Lake Forest Hospital. Currently the City collects a fee of $12.00 for the first copy of a certified Death Certificate and $ 4.00 each additional copy. New legislation PA 97-0679, effective July 1, 2012, calls for an additional fee of $2.00 to be collected by all local registrars and county clerks for the issuance of certified copies of death and fetal death certificates. PA 97-0679 requires this additional fee to be 87 Proceedings of the September 4, 2012 Regular City Council Meeting deposited into the Cemetery Oversight Licensing and Disciplinary Fund (COLDF) and used by the Illinois Department of Financial and Professional Regulation (IDFPR). In order to comply, the fee schedule should reflect $14.00 for the first certified copy and $6.00 for each additional copy. RECOMMENDED ACTION: Approve the fee increase of death certificates to $14.00 for the first certified copy and $6.00 effective September 1, 2012. 13. Approval of the July 16, 2012 regular City Council minutes RECOMMENDED ACTION: APPROVE THE OMNIBUS ITEMS AS PRESENTED. Alderman Novit requested an amendment to the July 16, 2012 minutes Alderman Moore questioned item #11 regarding the telecommunication contract and its length. Alderman Adelman expressed how happy he was with item #6 of the Omnibus items. Alderman Palmer moved, seconded by Alderman Novit to approve the Omnibus items as amended. The following voted “Yea” Novit, Waldeck, Moore, Schoenheider, Tack, and Adelman. The following voted “Nay” None. Motion carries. ORDINANCES 1. Consideration of an Ordinance Amending the City Code pertaining to the Elawa Farm Commission (First Reading) In 2004, the City Council passed an ordinance establishing the Elawa Farm Commission, which over the years became inactive (although not disbanded). Since that time, and through donations from generous residents, Elawa Farm’s buildings, grounds and gardens have undergone a complete rehabilitation. Elawa has emerged as another one of our local “gems”. Today, Elawa is a thriving and beautiful environmental resource center highlighted by programs and classes provided by its tenants: the Center for Conservation Leadership (an Open Lands’ program), the Wildlife Discovery Center (a City program), the local public elementary and high schools and the Elawa Gardeners. They each offer unique and complementary opportunities for the community to become involved at Elawa. Most recently, Rick Belding joined Elawa to oversee the Gardens, growing produce and flowers that are for sale at the Garden Market, and Gale Gand, a world-renowned chef, creates “field to table” products for the Garden Market as well as offering cooking programs. There is no doubt that current-day Elawa Farm has succeeded in an early vision of it becoming a community resource where stewardship of the environment and the history of the site are achieved through environmental and wildlife education, gardening, conservation, environmental restoration, architecture, history, preservation, local culture and passive recreational experiences. For the last several years, Elawa has operated under the Office of the City Manager in partnership with the Elawa Farm Foundation, a privately-funded 501 (c) (3) institution and it’s Executive Director. Operations are profitable and private funding is conducted for special or capital projects, and we believe the time is right for endorsing Elawa’s independence. An historic timeline is attached for your review. At this point in time, the City and the Elawa Farm Foundation have collaborated on a recommendation to resurrect the Elawa Farm Commission. The proposed amended ordinance would have the Elawa Farm Commission members appointed by the Mayor with the consent of the City Council, consistent with the process used for most other boards and commissions of the City. The Elawa Farm Commission would be an advisory body to the City Council on matters concerning the use and operations of the building and grounds. The Elawa Farm Foundation would continue and function as the fund-raising arm for Elawa. As there are still many operational questions that will need to be studied in greater depth, I recommend that the Executive Director continue in that position, reporting to the City Manager. The City Council should note that Elawa has been operating successfully under this scenario and without any City financial assistance. The re-establishment of the Elawa Farm Commission formalizes this arrangement for the future. RECOMMENDED ACTION: Grant first reading of an ordinance amending the City code relating to the Elawa Farm Commission. Alderman Schoenheider moved, seconded by Alderman Moore to approve first reading of an Ordinance amending the City code relating to the Elawa Farm Commission. Motion carried unanimously by voice vote. 88 Proceedings of the September 4, 2012 Regular City Council Meeting NEW BUSINESS None ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Mayor Cowhey thanked Ramesh Kanapareddy for all of his hard work and wished him well in his new job in Highland Park. ADJOURNMENT INTO TO EXECUTIVE SESSION FOR THE PURPOSES OF PENDING LITIGATION AND LAND DISPOSITION Alderman Novit moved, seconded by Alderman Palmer to adjourn into executive session for the purposes of pending litigation and land disposition. The following voted “Yea” Alderman Novit, Waldeck, Moore, Schoenheider, Tack, Palmer, and Adelman. The following voted “Nay” none. Motion carries. Alderman Novit moved, seconded by Alderman Palmer to discuss personnel in the executive session. The following voted “Yea” Alderman Novit, Waldeck, Moore, Schoenheider, Tack, Palmer, and Adelman. The following voted “Nay” none. Motion carries. ADJOURNMENT There being no further business, Alderman Novit moved, seconded by Alderman Palmer to adjourn the meeting at 11:00 p.m. The motion carried unanimously by voice vote. 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2012-__ AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE, 1971, AS AMENDED, REGARDING THE ELAWA FARM COMMISSION WHEREAS, in September 1998, The City of Lake Forest (the “City”) acquired a 16-acre parcel of land, including the original farm complex buildings, that were originally part of the A. Watson Armour family's early 20th Century gentleman's farm and commonly known as "Elawa Farm"; and WHEREAS, Elawa Farm is an example of our nation's irreplaceable historic and cultural legacy and has been designated as an official project of Save America's Treasures, which is a public-private partnership between the White House Millennium Council and the National Trust for Historic Preservation; and WHEREAS, Elawa Farm is (a) historically unique as one of the last remaining, intact gentleman's farm in the Midwest, (b) ecologically unique because of its close proximity to the Middlefork savanna, which is one of the finest examples of a black soil, tall grass prairies in the United States, and (c) unique because of the many organizations and individuals desiring to collaborate in making Elawa Farm a nationally recognized example of a facility coupling historic preservation and nature conservation; and WHEREAS, in August 1999, the Mayor and City Council had appointed an Elawa Farm Executive Steering Committee, which has served 117 2 as an advisory body on matters relating to the Elawa Farm Building Complex and Garden area; and WHEREAS, pursuant to Ordinance Number 02-04, the Mayor and City Council amended the City Code to establish a formal City commission with oversight and other responsibilities (the "Elawa Farm Commission") relating to Elawa Farm Building Complex and Garden; and WHEREAS, the City has previously entered into an "Agreement for Assignment of Current and Future Funds from Elawa Farm Foundation to the City of Lake Forest" on October 21, 2002 (the "Elawa Agreement") with the Elawa Farm Foundation (the "EFF"), which was established in 2002 to raise funds for restoration of Elawa Farm and to assist and offer advice in promoting the use and reputation of Elawa Farm; and WHEREAS, under the terms of the Elawa Agreement, the City has agreed to appoint at least one designee of the EFF to the Commission; and WHEREAS, the City intends to continue to work cooperatively with the EFF on matters relating to Elawa Farm pursuant to the Elawa Agreement, as it may be amended from time-to-time; and WHEREAS, contemporaneously with the reorganization and re- establishment of the Elawa Farm Commission as set forth in this Ordinance, the City intends to appoint at least two designees of the EFF as members of the re-established Elawa Farm Commission; and 118 3 WHEREAS, the Mayor and City Council of The City of Lake Forest have determined it to be in the best interests of the City and its residents to amend the City Code regarding the Elawa Farm Commission as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are by this reference incorporated into and made a part of this Ordinance as if fully set forth. SECTION TWO: Amendment to Article IX of Chapter 27 of the City Code. Article IX, entitled "Elawa Farm Commission," of Chapter 27, entitled "Parks and Playgrounds," of the Lake Forest City Code is hereby amended in its entirety and shall hereafter be and read as follows: Article IX. Elawa Farm Commission Sec. 27-75. CREATION; PURPOSES. (a) There is hereby established the Elawa Farm Commission. (b) The purpose of the Elawa Farm Commission is to advise the City Council on policies, practices, and action plans for the preservation, conservation, restoration, use, and operations of Elawa Farm Building Complex and Garden area, and to undertake such other duties in furtherance of the foregoing, all in accordance with the powers and duties of the Commission as set forth in this Article. 119 4 Sec. 27-76. COMPOSITION; TERM; QUALIFICATIONS. (a) The Commission shall consist of nine seven commissioners, including a chairperson, who shall serve without compensation. (b) The Mayor, with the consent of the Council, shall appoint nine seven commissioners to the Commission. The initial term for four three of the commissioners shall be for one year, and the initial term for five four of the commissioners shall be for two years. Upon the expiration of the initial terms of the commissioners, all commissioners shall be appointed for terms of two years. Commissioners may be re-appointed by the Mayor, provided that no commissioner shall serve more than six consecutive years. (c) The Mayor shall appoint commissioners based upon their knowledge of, interest in, or commitment to outdoor and environmental education and recreation, historic preservation, local history, horticulture, or matter relating to the foregoing. In addition, Commissioners shall be residents of Lake Forest, unless (i) the commissioner is a representative of another agency or governmental entity whose participation will foster intergovernmental cooperation in furtherance of the purposes and objectives of the Commission, or (ii) the commissioner possesses special training or knowledge that furthers the purposes and objectives of the Commission; provided, however, that no fewer than six five commissioners shall be residents of Lake Forest. (d) Notwithstanding the limitations in subsection (c), in the event that the City enters into a contractual relationship with any funding organization, the City may as a condition of such contract reserve at least one commissioner position for a representative of such organization. Sec. 27-77. CHAIRPERSON; QUORUM; CONDUCT OF MEETINGS. (a) The Mayor shall, from time-to-time, designate one of the commissioners to serve as chairperson; such chairperson shall serve until the expiration of his or her term, and may be 120 5 re-designated as chairperson for any subsequent term in the discretion of the Mayor. (b) Five Four commissioners shall constitute a quorum for conducting the business of the Commission. The Commission may transact any of its authorized business upon the vote of a majority of the commissioners voting on any matter coming before it. (c) The Commission may establish, combine, or abolish subcommittees of its commissioners as it may from time-to-time deem appropriate. (d) The Commission and any of its subcommittees shall comply with the notice and other requirements of the Illinois Open Meetings Act. Sec. 27-78. POWERS AND DUTIES. The Elawa Farm Commission shall have such powers and duties as are now or may hereafter be given to it by law or by the City Council, including the following: (a) To serve as an advisory body to the City Council for the purpose of establishing policies and standards concerning the preservation, restoration, re-use, operation, and programming of the Elawa Farm Building Complex and Garden area, which area shall be delineated by the City Council from time-to-time. Such policies and standards shall focus on the local community traditionally served by Elawa Farm while recognizing the broader significance of Elawa Farm for preservation and conservation purposes; (b) To review and make recommendations to the City Council regarding annual operating budgets, capital improvement plans and budgets, and strategic plans for the preservation, restoration, re-use, operation, and programming of the Elawa Farm Building Complex and Garden area; (c) To formulate, review, and recommend plans for the improvement, maintenance, operation, and management of the Elawa Farm Building Complex and Garden area, which planning shall be undertaken in the context of the policies, 121 6 standards, and budgets approved from time-to-time by the City Council; (d) To review and make recommendations regarding rental and use agreements for the Elawa Farm Building Complex and Garden area, which agreements shall ordinarily conform with establish City policies for the use of public facilities; (e) To evaluate, and advise the City Council on, the operations and activities occurring within the Elawa Farm Building Complex and Garden area, including their adherence to fiscally responsible practices and the applicable special use permit, agreements, strategic plans, and policies and standards affecting such area; (f) To serve as the City's chief liaison with any funding organizations, including any such organizations with which the City may contract from time-to-time; (g) To serve as the City's chief liaison between residents, organizations, and other agencies for the purpose of fostering communication and cooperation between the City and such persons as it pertains to the Elawa Farm Building Complex and Garden area; (h) To interact and cooperate with such other boards, commissions, and other bodies within the City; and (i) To undertake such other matters as the City Council may direct from time-to-time. Nothing in this Section shall be deemed to delegate any of the City Council's final decision-making responsibility regarding the Elawa Farm Building Complex and Garden area. In addition, the City Manager shall be responsible for the implementation of all policies, agreements, and directives of the City Council regarding the Elawa Farm Building Complex and Garden area. Sec. 27-79. INDEMNIFICATION. The City shall indemnify and defend the commissioners as officials of the City for all acts and omissions relating to, or that could reasonably be deemed to relate to, their powers, duties, and responsibilities under this Article. In addition, the City shall maintain such insurance as it 122 7 deems reasonable and prudent for the protection of the commissioners against any loss, claim, or liability arising out of the use or operation of Elawa Farm. SECTION THREE: Elawa Farm Building and Garden Complex. The Elawa Farm Building Complex and Garden area, as referenced in Article IX of Chapter 27 of the City Code, shall be the area generally depicted in Exhibit A attached to this Ordinance. The City Manager shall be responsible for determining the precise dimensions of the Elawa Farm Building Complex and Garden area. SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. PASSED THIS _____ DAY OF _______________, 2012. AYES: (___) NAYS: (___) ABSENT: (___) APPROVED THIS _____ DAY OF _______________, 2012. __________________________ Mayor ATTEST: 123 8 _________________________ City Clerk #11029824_v4 124 9 THE CITY OF LAKE FOREST ORDINANCE NO. 2012-__ AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY CODE, 1971, AS AMENDED, REGARDING THE ELAWA FARM COMMISSION Adopted by the Mayor and City Council of The City of Lake Forest this ____ day of ____________, 2012 Published in pamphlet form by direction and authority of the City Council of The City of Lake Forest, Lake County, Illinois this ______ day of ________________, 2012 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147