CITY COUNCIL 11/07/2011
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, November 7, 2011 7:30 p.m.
City Hall Council Chambers
CALL TO ORDER AND ROLL CALL
Honorable James J. Cowhey, Jr., Mayor
Kent Novit, Alderman First Ward Thomas Morsch, Jr., Alderman Third Ward
Catherine Waldeck, Alderman First Ward Donald Schoenheider, Alderman Third Ward
David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS 7:30 p.m.
1. Comments by Mayor
A. Appointment of John L. Anderson to the Plan Commission to fill the
unexpired term of Elizabeth Miller
Copy of volunteer profile sheet beginning on page 6.
Recommended Action: Approval of appointment
2. Comments by City Manager 7:35 p.m.
3. Council Committee Reports 7:40 p.m.
A. Legal Committee Report- Alderman Palmer
1. Cell Phone Hands Free Ordinance Report
Copy of regional map beginning on page 8.
4. Comments by Council Members 7:50 p.m.
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
1
November 7, 2011 Agenda
CONSENT AGENDA 7:55 p.m.
1. Approval of Authorized Invoices and Payrolls
Check Register For Period September 24, 2011 - October 28, 2011
Fund Invoice Payroll Total
General 464,344 1,557,484 2,021,827
Water & Sewer 81,408 168,331 249,739
Parks & Recreation 155,114 473,041 628,155
Capital Improvements 676,355 6,888 683,243
Bond Funds - Projects 72,929 0 72,929
Motor Fuel Tax 0 0 0
Cemetery 7,039 25,800 32,839
Senior Resources 19,161 28,568 47,728
Deerpath Golf Course 22,219 68,765 90,984
Fleet 81,500 57,578 139,079
Debt Funds 127,149 0 127,149
Housing Trust 0 0 0
Park & Public Land 71,310 0 71,310
All other Funds 645,441 19,805 665,247
$2,423,968
$2,406,261
$
4,830,229
2. Approval of North Suburban Special Recreation Association Amended Articles & Resolution
PURPOSE AND ACTION REQUIRED: Staff requests approval of the North Suburban Special
Recreation Association’s 2011 Amended and Restated Articles of Agreement and Resolution
ratifying the amended articles.
BACKGROUND/DISCUSSION:
Beginning on page 10 there are two documents for the City’s approval related to our
participation as a partner agency with the North Suburban Special Recreation Association,
commonly referred to as NSSRA, and who serve as a provider of recreation services for Lake
Forest Recreation Department’s residents with disabilities. These Amended and Restated
Articles of Agreement are entered into pursuant to the authority of Article VII, Sections 1, 6(a)
and 10(a) of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, as
amended; 5 ILCS 220/1 et seq.; Sections 5-8 and 8-10b of the Park District Code, as amended,
70 ILCS 1205/5-8 and 1205/8-10b; and Section 11-95-14 of the Illinois Municipal Code, as
amended, 65 ILCS 5/11-95-14.
The 2011 NSSRA Amended and Restated Articles and 2011 Member Agency Resolution, are
basically necessary housekeeping documents due to the fact that they were last updated in
2006, needed to incorporate new Open Meetings Act language, and the addition of
language for the sale or other transfer of real property in Article V. NSSRA is considering selling
its administrative building and investigating the possibility of leasing or purchasing new
administrative offices. By law, they must have language to this effect in their articles.
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November 7, 2011 Agenda
These documents were prepared by NSSRA’s legal counsel, taken through the NSSRA Legal
Committee and then approved as revised by vote by the 13 partner board members, of
which Director Van Arsdale serves as the City’s representative. Director Van Arsdale did
provide Holland & Knight with these documents as well. Each of the thirteen partner
agencies are required to have its authorized Board/City Council approve the Resolution and
Amended Articles.
RECOMMENDED ACTION: City Council ratification of North Suburban Special Recreation
Association Amended Articles and Resolution Ratifying 2011 Amended Articles.
3. Approval of the Minutes from the October 17, 2011 Regular City Council Meeting
A copy of the minutes is attached beginning on page 22.
Recommended Action: Approve consent agenda as presented.
NEW BUSINESS 8:10 p.m.
1. Consideration of a Recommendation from the Historic Preservation Commission to
Deny a Request to Amend the Lake Forest Historic District to Remove Old Main,
Located on Barat Campus, from the District. (Approval of Motion)
PRESENTED BY CATHERINE CZERNIAK,
DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504)
On October 26, 2011, the Historic Preservation Commission held a public hearing to consider
a petition filed by Woodlands Academy with the consent of Harris Bank, the property owner.
The petition requests an amendment to the Lake Forest Historic District to remove Old Main
from the district. This request was filed in an effort to determine whether a pre-condition to
the purchase of Barat Campus by donors, to gain City approval for demolition of Old Main,
can be satisfied.
As the City Council is aware, on September 20, 2011, Woodlands Academy held a
community meeting to announce the intention of anonymous donors to purchase Barat
Campus, demolish Old Main, restore the site and ultimately gift the entire campus, as a blank
slate, to Woodlands Academy. The gift is intended to reunite the Barat and Woodlands
properties into a single campus for uses consistent with the educational mission of Woodlands
Academy.
The Historic Preservation Commission heard a presentation from representatives of Woodlands
Academy and the donors and heard public testimony both in support of and in opposition to
the request. After deliberation, the Commission determined that consistent with its purview
and based solely on the criteria in the Historic Preservation Chapter of the City Code, the
request could not be supported. The Commission voted unanimously to recommend denial
of the request to the City Council. Rescission of historic designation and amendments to the
boundaries of the local historic district require action by the City Council in the form of an
Ordinance. The Historic Preservation Commission serves as a recommending body to the City
Council on these matters.
3
November 7, 2011 Agenda
The Report and Recommendation from the Historic Preservation Commission and the minutes
from the Commission meeting are included in the Council packet beginning on page 27. The
background materials provided to the Historic Preservation Commission, including
correspondence received prior to and since the Commission meeting, are also included in
the Council’s packet.
Recommendation: The Historic Preservation Commission recommended denial of the request
to amend the Lake Forest Historic District to remove Old Main from the District.
The City Council can accept the recommendation of the Historic Preservation Commission
and approve a motion denying the request.
Alternatively, if the City Council desires to approve the request, it would be appropriate to
direct City staff to prepare an Ordinance amending the Lake Forest Historic District as
requested. If desired by the Council, the Ordinance could be placed on the City Council
agenda for the November 21st meeting.
2. Resolution approving Highway Authorization Agreement and Supplemental Highway
Authorization Agreement and approval of Ordinance prohibiting the use of
groundwater near the Shell Station for potable water purposes
The Shell Station at 193 Deerpath (the southwest corner of Deerpath and Oakwood) has
previously reported to the Illinois Emergency Management Agency one or more releases from
underground storage tanks. The Illinois Environmental Protection Agency has determined that
these releases will not present hazards to public health so long as certain "institutional
controls" are put in place to prevent groundwater from the area from being used as a
potable water source. Pursuant to IEPA rules and protocols, Shell has requested the City to
adopt an ordinance preventing such groundwater use (which is already the policy under the
City Code) and to enter into a "Highway Authorization Agreement" ("HAA"). Because the
terms of the HAA are prescribed by IEPA regulations, a Supplemental HAA is also
recommended to give the City certain protections and assurances from Shell; the terms of
the Supplemental HAA still need to be finalized.
The City has previously entered into HAAs for other gas stations in Lake Forest, and this
approach is widely employed throughout the State and the country as a practical means for
addressing minor leaks of contaminants from underground tanks. Copies and exhibits for this
item begin on page 103.
RECOMMENDED ACTION: That the City Council (a) approve the resolution approving the HAA
and Supplemental HAA, (b) waive first reading of the ordinance prohibiting the use of
groundwater near the Shell station for potable water purposes, and (c) approve the
ordinance as presented.
4
November 7, 2011 Agenda
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 9:10 p.m.
Office of the City Manager November 4, 2011
The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of
1990. Individuals with disabilities who plan to attend this meeting and who require certain
accommodations in order to allow them to observe and/or participate in this meeting, or
who have questions regarding the accessibility of the meeting or the facilities, are required to
contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to
make reasonable accommodations for those persons.
5
6
7
LakeForest
Highland Park
Evanston
Deerfield
Northbrook
Antioch
Waukegan
Des Plaines Skokie
Palatine
Schaumburg
ArlingtonHeights
MountProspect
BuffaloGrove
Glenview
HoffmanEstates
Mundelein
NorthChicago
Niles
Gurnee
Zion
Round Lake Beach
Libertyville
VernonHills
Wilmette
LakeBluff
Wheeling
RollingMeadows
Lindenhurst
Winnetka
Wauconda
Barrington
BeachPark
GagesLake
Glencoe
WinthropHarbor
LakeZurich
HawthornWoods
Grayslake
Mettawa
Lincolnshire
LakeMichigan
§¨¦90
§¨¦94
§¨¦294
§¨¦290
§¨¦94£¤53
Ordinance Information: City of Lake ForestData Source: GIS ConsortiumAuthor: MTFDate: 11/2/2011
Hands Free Cell Phone OrdinanceBy Community
µ
Legend
Only through Illinois Law*
Stronger Hands Free Ordinance Passed
Stronger Hands Free Ordinance Proposed
Note* It is assumed that all communities are enforcingState laws regarding distracted driving
8
The City of Lake Forest 2011 Resident Survey
Very somewhat Somewhat Very No basis
3. How satisfied are you with the following City Satisfied Satisfied Dissatisfied Dissatisfied for judging
services?
Police protection 0 0 0
Paramedic/ambulance service 0 0 0
Street lighting 0 0 0
Maintenance of parks 0 0 0
Water system 0 0 0
Maintenance of storm sewers 0 0 0
Library services 0 0 0
Recreation programs and facilities 0 0 0
Golf facility 0 0 0
. !laildi~~P¢trP!i~ilililisW~~i\J?f&~~'am··.
CROYA youth services 0 0 0
4. What things should be changed to improve the quality of life ln Lake Forest?
s. If the City passed a city-wide ban on cell phone use while driving, should violators be ticketed?
6. Please rate your level of agreement with the following
statements.
City staff is responsive when I call with questions or concerns.
The actions of the City Council reflect the views of the
residents.
· The Cit~cbllptii.·1sfbwse~>o'J1'tf)~t'l~l1ti~§ues:1> .... i ·
I trust the City leaders to do the right thing.
Strongly
Agree
0
0
0
Agree Disagree
0 0
0 0
"b
0 0
~ Go paperless and take the survey online at www.cityoflakejorest.cam
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Yes No
Strongly Don't
Disagree Know
0 0
0 0
0 0
9
AMENDED ARTICLES OF AGREEMENT- 9/23/11
1
AMENDED AND RESTATED ARTICLES OF AGREEMENT
FOR
NORTHERN SUBURBAN SPECIAL RECREATION ASSOCIATION
I. Name of Association; Member Agencies
A. Association Name
This organization shall be known as the Northern Suburban Special Recreation
Association, hereinafter referred to as the NSSRA.
B. Member Agencies
The NSSRA member agencies and parties to these Amended and Restated
Articles of Agreement are:
Deerfield Park District Lake Bluff Park District
Glencoe Park District Northbrook Park District
Glenview Park District Northfield Park District
Park District of Highland Park Wilmette Park District
Kenilworth Park District Winnetka Park District
Village of Riverwoods City of Lake Forest
City of Highwood Recreation Department
II. Purpose and Authority
A. Purpose
The purpose of the NSSRA shall be to provide for the administration and
operation of joint recreation programs and services for individuals with
disabilities residing within the boundaries of member agencies of the Northern
Suburban Special Recreation Association, including the provision of inclusion
support to member agencies in cases in which their residents with disabilities wish
to take part with non-disabled individuals in recreation programs and events
offered by the member agency.
B. Authority
These Amended and Restated Articles of Agreement are entered into pursuant to
the authority of Article VII, Sections 1, 6(a) and 10(a) of the Illinois Constitution
of 1970; the Intergovernmental Cooperation Act, as amended; 5 ILCS 220/1 et
seq.; Sections 5-8 and 8-10b of the Park District Code, as amended, 70 ILCS
1205/5-8 and 1205/8-10b; and Section 11-95-14 of the Illinois Municipal Code, as
amended, 65 ILCS 5/11-95-14.
10
AMENDED ARTICLES OF AGREEMENT- 9/23/11
2
III. Organization and Function
A. NSSRA Board of Directors
1. The NSSRA shall be governed by a policy making Board of Directors
consisting of one representative from each member agency who shall be
entitled to cast one vote on its behalf. Each member agency governing
board shall designate in writing to the Secretary of the NSSRA Board one
individual to serve as such representative, and may so designate other
individuals to serve as alternate representatives with voting power on its
behalf on occasions when the regular representative is unable to attend a
NSSRA Board or committee meeting. No individual may serve as the
representative or alternate representative of more than one member
agency.
2. A majority of the members of the entire NSSRA Board shall constitute a
quorum of the Board. An affirmative vote by a majority of the members
of the Board at a duly called meeting at which a quorum is present shall be
required and sufficient to approve a proposed action, except as otherwise
provided in Article III.A.3. and provisions of these Amended Articles
cited in Article III.A.3.
3. A unanimous vote of the entire NSSRA Board shall be required to
dissolve NSSRA pursuant to Article VI.C. Approval by two-thirds (2/3)
vote of the entire NSSRA Board shall be required for the following: the
total annual contribution for NSSRA’s next ensuing fiscal year and the
amount of each member agency’s share of that total annual contribution
pursuant to Article IV.B.; a member agency’s use of special recreation tax
revenues for special programs or projects pursuant to Article IV.D.;
termination of an agency’s membership in NSSRA or restoration of an
agency to full membership pursuant to Article VI.B.; and a formula for
distribution of assets in conjunction with termination of NSSRA pursuant
to Article VI.C. Approval by two-thirds (2/3) of the entire NSSRA Board
and ratification (by ordinance or resolution) by two-thirds (2/3) of the
member agency governing boards shall be required for the following: An
increase in the maximum tax rate for member agency contributions
pursuant to Article IV.B.; acquisition or sale of real property or an interest
therein pursuant to Article V.A.; admission of new members pursuant to
Article VI.A.; and amendment of the Articles of Agreement pursuant to
Article VII.
4. The NSSRA Board shall be responsible for establishing all NSSRA
policies, the annual budget and the annual contribution rate for the
operation of the NSSRA, all non-budgeted capital outlays and master
plans.
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AMENDED ARTICLES OF AGREEMENT- 9/23/11
3
5. The NSSRA Board shall promulgate and revise as needed an Association
Personnel and Policy Manual to implement operations under the Articles
of Agreement as amended and/or restated from time to time.
6. The fiscal year of NSSRA shall be from January 1 through December 31.
7. The NSSRA Board of Directors shall elect a Chairperson and Vice-
Chairperson from its membership, in every even-numbered year. The
Vice-Chairperson shall serve as Chairperson of the Finance Committee.
The Board shall appoint a Secretary annually.
8. Meetings of the NSSRA Board and its committees shall be held in
compliance with the requirements of the Illinois Open Meetings Act
(“Act”). The Board shall have regular meetings at such times and locations
as determined by the Board and published in accordance with the Act.
Special meetings of the Board may be convened by the Chairperson or by
any three Board members. Public notice of any special meeting except an
emergency meeting shall be given at least 48 hours before such meeting,
and shall include time, location and the agenda for the meeting. The Board
Secretary shall also serve notice of a special meeting in writing upon each
member of the Board at least 48 hours before the meeting.
9. The NSSRA Board shall be in all respects subject to the provisions of
Article 7 of the Illinois Pension Code, 40 ILCS 5/7-101 et seq., as
amended, creating and governing operation of the Illinois Municipal
Retirement Fund.
10. The NSSRA Board shall be authorized to indemnify and protect its
members and NSSRA employees against damage claims and suits arising
from acts alleged to have been committed within the scope of their
employment with or duties to NSSRA, to the fullest extent permitted by
law.
B. Administrative Functions
1. The NSSRA Board may, at its sole discretion, enter into one or more
written agreements with one or more member agencies for the purpose of
assisting it in carrying out the administrative duties of the Association in
all matters needed and mutually acceptable.
2. An annual independent audit of the NSSRA shall be prepared and
submitted to each member agency.
3. Except for the aforementioned contractual agreements with one or more
member agencies for administrative assistance, the NSSRA Board shall
12
AMENDED ARTICLES OF AGREEMENT- 9/23/11
4
not designate or appoint an administrative district or administrative
municipality to administer programs of the NSSRA.
IV. Annual Contribution
A. Each member agency shall be liable for and pay to the NSSRA a share of the total
annual contribution required in each NSSRA fiscal year, as determined by the
Board in the manner set forth below.
1. The most recent ascertainable equalized assessed valuation (“EAV”) of
each member agency shall be divided by the total of the most recent
ascertainable EAVs of all member agencies, and the percentage of such
member agency's EAV of the total EAV of all member agencies
("valuation percentage") shall be determined. Provided, however, that for
purposes of determining the valuation percentage, the most recent
ascertainable EAV of member agencies which include territory which is
reassessed every three years rather than annually shall, for each year other
than a reassessment year, be reviewed by the Board Finance Committee
and adjusted for use in that year’s valuation percentage determination.
The purpose and objective of these adjustments shall be to treat all
member agencies fairly and as consistently as possible, by seeking to (a)
gradualize the changes from year to year in EAV (as used to determine the
valuation percentage) for member agencies which include territory which
is reassessed every three years rather than annually, and (b) ensure that the
changes in the annual valuation percentages as determined for such
member agencies are reasonably similar to the changes in the valuation
percentages of the other member agencies, allowing for the effects of
significant additions or removals of assessable improvements in their
respective territories.
2. The current estimated gross population of each member agency shall be
divided by the total current estimated gross populations of all member
agencies, and the percentage of such member agency's current estimated
gross population of the total current estimated gross population of all
member agencies ("population percentage") shall be determined.
3. The net amount to be contributed by each member agency ("member
agency contribution" or "MAC") shall be the sum of the two amounts
which result from applying:
(a) The member agency's valuation percentage to the amount which
equals 50% of NSSRA's total MAC revenue requirement for the
fiscal year in question; and
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AMENDED ARTICLES OF AGREEMENT- 9/23/11
5
(b) That member agency's population percentage to the amount which
equals 50% of NSSRA's total MAC revenue requirement for the
fiscal year in question.
4. On or before the start of each NSSRA fiscal year, each member agency
shall provide to the Director of NSSRA a written estimate of its current
gross population, to be used in determining the subsequent MAC of such
member agency as provided in paragraphs A.1 through A.3 above.
B. The proposed revenue requirements and corresponding member agency
contribution (MAC) for NSSRA’s next ensuing fiscal year will be presented to the
NSSRA Board annually in due course, but in no event later than 60 days before
the start of such fiscal year. The MAC for the ensuing fiscal year and the amount
of each member agency’s share of the MAC shall be determined by two-thirds
(2/3) vote of the entire NSSRA Board of Directors.
Any recommended increase in the MAC which would result in a rate exceeding
that stated in Article IV, paragraph C below, must be approved for the year in
question by a vote of two-thirds (2/3) of the entire NSSRA Board, as well as
ratification (by ordinance or resolution) by two-thirds (2/3) of the member agency
boards.
C. The tax rate attributable to the annual contribution to NSSRA, as that rate is
computed by dividing the amount of the annual contribution by the total EAV of
the member agencies, shall not exceed the rate of $.02 per hundred dollars of
EAV, unless approved as provided for above in Article IV, paragraph B. This
limitation shall not preclude an individual member agency from levying up to the
rates authorized by state law in order to fund its annual MAC, or such obligations
as it may have under Article V.C., below.
D. A member agency may use tax revenues derived from the statutorily authorized
levy for joint special recreation purposes to undertake special programs or
projects beyond those to be funded through member agencies' direct contributions
to operating expenses, but only after such programs or projects have been
approved by a vote of two-thirds (2/3) of the entire NSSRA Board of Directors.
A program or project undertaken by a member agency must, to qualify for such
approval, be of reasonably forseeable benefit to joint programs or services of
NSSRA and to individuals with disabilities who reside within its member
agencies.
E. Each member agency shall remit at least fifty percent (50%) of its annual MAC to
NSSRA on or before April 1 of the fiscal year to which the MAC pertains. The
balance of each member agency’s annual MAC is to be paid by September 1.
Each member agency shall be liable for the complete payment of its annual MAC.
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AMENDED ARTICLES OF AGREEMENT- 9/23/11
6
F. Each member agency shall when possible provide recreational supplies,
equipment, and facilities for the NSSRA programs.
V. Sale or Acquisition of Real Property, Annual Assessments Related to Acquisition
A. Subject to the approval and ratification requirements described in Article III.A.3.
above and to applicable provisions of state law, NSSRA may enter into
agreements with a member agency, another unit of local government, or another
person or entity for the acquisition (including construction or purchase of
facilities) or sale or other transfer of real property or an interest therein, including
provision for the joint financing of any such acquisition.
B. Each member agency shall remain obligated to pay its annual proportionate share
of NSSRA's cost of or indebtedness associated with financing the acquisition of
real property or an interest therein (hereinafter "annual assessment"), by
intergovernmental agreement or otherwise, until such cost or indebtedness has
been fully paid and retired.
C. The amount of each member agency's annual assessment shall equal the same
percentage of NSSRA's total annual cost or indebtedness associated with
financing such acquisition, as that member agency's MAC represents of the total
of all member agency contributions to NSSRA (as computed under Article
IV.A.3. above), in the year in which the financing is obtained.
D. NSSRA, or a member agency, shall apply for a real property tax exemption for
any real property or interest therein acquired under this Article.
E. In the event that real property in which NSSRA has an ownership interest is sold,
the net sale proceeds attributable to NSSRA's ownership interest may be used for
any of the following purposes or combination thereof, as such use is determined
by a majority vote of the entire NSSRA Board of Directors: to acquire other real
property or an interest therein, to fund operating expenses, or to be distributed pro
rata among then-current member agencies according to the total annual
assessments paid by them in respect of such property.
VI. New Members; Termination of Membership
A. New Members
Other agencies may be admitted to membership upon such terms and conditions
as may be specified by the NSSRA Board, upon approval by two-thirds (2/3) of
the members of the entire NSSRA Board and ratification by two-thirds (2/3) of
the member agency boards.
B. Termination of Membership
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AMENDED ARTICLES OF AGREEMENT- 9/23/11
7
1. Voluntary Withdrawal
Any member agency may withdraw from the NSSRA. Written
notification of intent to withdraw must be received by the NSSRA Board
on or before the first day of October, 15 months prior to the effective
withdrawal date. The effective withdrawal date shall be the final day
(December 31) of the following fiscal year. All liability of that member
agency shall cease at the effective withdrawal date except for amounts
incurred prior to that date and as yet unpaid.
2. Involuntary Removal
If any member agency fails to abide by the provisions of these Articles of
Agreement as they may be amended and/or restated from time to time,
such agency shall be removed from membership as follows:
Upon approval of two-thirds (2/3) vote of the entire NSSRA Board, a
written notice shall be forwarded to the board of the defaulting member
agency, specifying in detail the items which the NSSRA Board deems
sufficient cause to justify removal of such member agency from the
NSSRA. The notice shall specify the period of time within which such
items are to be corrected or appropriate corrective steps are to be taken.
Should the member agency fail to take the necessary steps to the
satisfaction of the NSSRA Board within the specified time, a special
meeting of the NSSRA Board will be called at which time the matter shall
be brought before the NSSRA Board for hearing and action. At least ten
(10) working days written notice of the time and place of such hearing
shall be given to the member agency alleged to be in violation of this
agreement by certified mail addressed to the agency representative on the
NSSRA Board and the President of said member agency board. The
member agency in question shall be permitted to appear and to submit
reasons why it should not be removed from membership.
A two-thirds (2/3) vote of the entire NSSRA Board shall be required to
terminate the membership of the agency or to restore it to full membership
in the NSSRA. Removal from membership shall become effective March
31 following the date of action as determined by the NSSRA Board.
Removal from membership shall not relieve the agency from its
obligations incurred to the NSSRA during participation therein, and the
NSSRA shall pursue satisfaction of such obligations using any practicable
legal means at its disposal.
C. Termination of Agreement
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AMENDED ARTICLES OF AGREEMENT- 9/23/11
8
In the event that there should be withdrawals of member agencies hereunder so
that there no longer remain at least two member agencies to operate under the
terms of the NSSRA Articles of Agreement as then in force, or in the event the
NSSRA Board of Directors hereunder shall unanimously vote to dissolve the
Association, then this Joint Agreement shall be deemed terminated and the assets
of the Association shall be distributed to some other Joint Agreement association
operating and organized under the authority of Section 8-10b of the Park District
Code, as amended, 70 ILCS 1205/8-10b and/or of Section 11-95-14 of the Illinois
Municipal Code, as amended, 65 ILCS 5/11-95-14.
Alternatively, the Board of Directors may choose to distribute such assets among
the member agencies which are members hereunder immediately prior to such
termination occurring, such distribution to be in accordance with an equitable
formula as determined by the two-thirds (2/3) vote of the entire NSSRA Board of
Directors as constituted immediately prior to such termination. In no event,
however, shall any distribution of assets be made until all of the debts and
liabilities of the Association shall have been paid, satisfied, or discharged or
adequate provision therefore acceptable to all creditors otherwise have been
made.
VII. Amendment
This Agreement may be amended by a resolution approving such proposed amendment
adopted by a two-thirds (2/3) vote of the entire NSSRA Board, followed by ratification
(by ordinance or resolution) by two -thirds (2/3) of the member agency boards.
VIII. Effective Date
These Amended and Restated Articles of Agreement shall become effective on the date
as of which two-thirds (2/3) of the boards of NSSRA member agencies have ratified
them, as evidenced by each such member agency’s transmittal to the NSSRA Board
Secretary of a certified copy of the ordinance or resolution of its governing board
reflecting such action. The term of these Articles of Agreement for each member agency
shall be deemed automatically renewed unless such member agency shall determine to
withdraw from membership or be terminated from membership as provided above in
Article VI.
17
AMENDED ARTICLES OF AGREEMENT- 9/23/11
9
AMENDED AND RESTATED ARTICLES OF AGREEMENT
FOR
NORTHERN SUBURBAN SPECIAL RECREATION ASSOCIATION
Adopted this day of ______________,
2011, and recorded in minutes of the
.
________________________________
President or Chair
________________________________
Name of Member Agency
Seal:
18
RESOLUTION TO RATIFY AMENDED AND RESTATED
ARTICLES OF AGREEMENT FOR NSSRA
WHEREAS, the City of Lake Forest is a member agency of and a party to the Amended
Articles of Agreement For Northern Suburban Special Recreation Association ("NSSRA"); and
WHEREAS, the NSSRA Board of Directors has approved certain amendments to said
Amended Articles, and the restatement of the Amended Articles as so amended, and has
recommended and requested ratification of these actions by the governing board of each of
NSSRA’s member agencies; and
WHEREAS, the Lake Forest City Council believes that the recommended amendments
to and restatement of the Amended Articles of Agreement would be beneficial to and in the best
interests of the NSSRA and of this member agency;
NOW, THEREFORE, BE IT RESOLVED by the Lake Forest City Council, as
follows:
Section 1. That the preamble recitals set forth above are hereby reaffirmed and
incorporated in this Resolution as if fully set forth herein.
Section 2. That the amendments to the Amended Articles of Agreement For Northern
Suburban Special Recreation Association described in the attached copy of “Resolution 2011-__
of NSSRA Board of Directors To Approve Amended and Restated Articles of Agreement”, and
the resulting Amended and Restated Articles of Agreement For Northern Suburban Special
Recreation Association, be and are hereby approved and ratified.
Section 3. That the Secretary or Clerk of the City of Lake Forest be and is hereby
instructed to send a certified copy of this Resolution to the Executive Director of the NSSRA.
19
Section 4. That all resolutions or parts of resolutions in conflict herewith shall be and the
same are hereby repealed, and this Resolution shall take effect immediately upon its passage.
ADOPTED BY ROLL CALL VOTE THIS 7th DAY OF November, 2011.
AYES:
NAYS:
_______________________________
Mayor Jim Cowhey
City of Lake Forest
________________________________
Deputy City Clerk Cathryn Buerger
City o f Lake Forest
20
STATE OF ILLINOIS )
) SS
COUNTY OF [COOK] [LAKE] )
[SECRETARY’S] [CLERK’S] CERTIFICATE
I, the undersigned, being duly qualified and acting [Secretary of the Board of Park
Commissioners of ____________ Park District] [Village Clerk of the Village of ___________]
[City Clerk of the City of ________________] , [Cook County] [Lake County] [Cook and Lake
Counties],
Illinois, do hereby certify that attached hereto is a true and correct copy of a Resolution entitled:
RESOLUTION TO RATIFY
AMENDED AND RESTATED ARTICLES OF AGREEMENT FOR NSSRA
which Resolution was duly adopted at a regular meeting held on the ___ day of ____________,
2011.
I do further certify that a quorum of the [insert name of member agency governing board]
was present at said meeting, and that all requirements of the Illinois Open Meetings Act were
complied with.
Given under my official hand this ___ day of ___________, 2011.
[Secretary ] [Clerk]
[Insert name of member agency or governing body]
21
The City of Lake Forest
CITY COUNCIL
Proceedings of the October 17, 2011 Regular Meeting
7:30 p.m. – City Hall Council Chambers
MOTION TO APPOINT ALDERMAN KENT NOVIT AS ACTING MAYOR: Alderman Morsch moved,
seconded by Alderman Palmer to appoint Alderman Novit as Acting Mayor in Mayor Cowhey’ s
absence. The motion carried unanimously by voice vote.
CALL TO ORDER AND ROLL CALL: Acting Mayor Novit called the meeting to order at 7:30 p.m.
Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Waldeck,
Pandaleon, Morsch, Palmer, Adelman. Absent: Mayor Cowhey, Alderman Schoenheider, and
Alderman Moore. 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; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works;
Mary Van Arsdale, Director of Parks & Recreation; Todd Nahigian, CROYA Manager; Marla
Schachtal, Senior Resources Director; Cathryn Buerger, Deputy City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
Reports of City Officers
1. Comments by Acting Mayor
Acting Mayor Novit wanted to remind all that the days are getting darker earlier and to
please take care and watch for children.
Resolution of Appreciation for Fire Fighter Todd Netherton for 23 Years of
Service: was read by Acting Mayor Novit and presented to Fire Fighter Netherton.
Alderman Palmer motioned, seconded by Alderman Morsch to approve the Resolution.
Motion carried by voice vote.
Presentation regarding Red Ribbon Week: Program Director Karen Cunningham of
LEAD gave a presentation on activities to take place during Red Ribbon Week.
2. Comments by City Manager
Lake Forest High School Update: was presented by Jim Carey, Board of Education
Vice President, Finance Chair and Dr. Harry Griffith, Superintendent of Schools. Mr. Carey
gave a presentation regarding their ongoing commitment to academic and fiscal
excellence.
Update on Golf Advisory Committee: Mr. Kiely briefed the Council on the application
that is now available to all residents who are interested in being on the committee.
Applications are due November 4, 2011.
22
Proceedings of the October 17, 2011
Regular City Council Meeting
Performance Management Presentation CROYA & Senior Center:
CROYA Director, Todd Nahigian and Senior Center Director, Marla Schachtal both gave
presentations to the Council on services and numbers regarding their respective
departments.
3. Council Committee Reports
Finance Committee Report Consideration of the FY2011 Treasurer’s Report: Finance
committee Chairman Alderman Pandaleon reported that pursuant to Illinois State
Statute, a Treasurer’s Report must be filed with the City Clerk, the County Clerk, and
published within a Lake Forest newspaper within six months after the end of each fiscal
year. The report will be published in the October 27, 2011 edition of the Lake Forester.
Alderman Palmer moved, seconded by Alderman Morsch to acknowledge receipt of
the FY2011 Treasurer’s Report. The motion carried unanimously by voice vote.
Public Works Committee Report- Alderman Novit
Award of Bid for the South Park Pavilion, and Everett Park Classroom Roof
Replacements Included in the F.Y. 2012 Capital and TIF Funds
Dan Martin, Superintendent of Public Works requested City Council authorization to
award the following two roof replacement bids for South Park Pavilion to Cedar
Roofing Company, Inc., and the Everett Park Classroom to L. Marshall Roofing Company, Inc.
The roof replacements would be scheduled for completion by the end of November 2011.
The South Park Pavilion roof is a cedar shake roof that staff recommends to be replaced due to
the large number of shakes that are deteriorated, splitting, cupped, and/or are missing. Also, in
many locations the felt underlayment is exposed to the weather which causes the material to
breakdown at a faster rate. The pavilion roof replacement will be done using cedar shakes.
The Everett Park Classroom roof is a modified bitumen roofing system (asphalt roof) that needs to
be replaced primarily from the extensive damages to the roof seams, flashing, facia boards and
gutters caused by ice damming. The excessive ice damming along the roof perimeter has
created roof leaks. The ice damming problem is mainly a result of the existing roof system having
such a low insulation R-value of approximately 2.80 that allows for a great deal of heat loss. The
new roof system design will have an R-value of approximately 21 that will significantly reduce the
ice damming created by heat loss. In addition, the roof will be replaced with a similar type of
modified bitumen roofing system. On September 27, 2011, staff received the following bids for
these roofs:
Company South Park Pavilion Bid
Amount
Everett Park Classroom Bid
Amount
Cedar Roofing Company $30,850 $40,685
L. Marshall Roofing $42,000 $36,000
Riddiford Roofing $36,803 $47,439
Knickerbocker Roofing $59,500 $53,000
All American Roofing $37,500 $118,300
23
Proceedings of the October 17, 2011
Regular City Council Meeting
After a detailed review of the lowest bidders by staff and the City’s consulting engineer, both
Cedar Roofing Company’s proposal and L. Marshall Roofing’s proposal met all of the required
project specifications and their references gave favorable responses.
The Fiscal Impact is as follows:
FY2010
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
CIP Fund 311-0060-452.76-07 $40,000 $32,390 Y
TIF Fund 301-0050-419.76-12 $35,000 $37,800 Y
RECOMMENDED ACTION: Award of bid for the South Park Pavilion to Cedar Roofing Company,
Inc. in the amount of $30,850 and the bid for the Everett Park Classroom to L. Marshall Roofing,
Inc. in the of $36,000. Additionally, staff is requesting a 5% contingency to address unforeseen
problems during the project in the amount of $1,542 and $1800, respectively. Sufficient savings
realized from other TIF Fund projects are available to cover the $2,800 cost overage for the
Everett Park Classroom roof.
Alderman Palmer moved, seconded by Alderman Pandaleon to award the bids for the South
Park Pavilion to Cedar Roofing Company, Inc. in the amount of $30,850 and for the Everett Park
Classroom to L. Marshall Roofing, Inc. in the of $36,000 along with a 5% contingency to address
unforeseen problems during the project in the amount of $1,542 and $1800. The following voted
“Aye”; Alderman Novit, Waldeck, Pandaleon, Morsch, Palmer, and Adelman. The following
voted “Nay” none. Motion carried.
4. Comments by Council Members
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
No one stood before Council.
CONSENT AGENDA
Approval of the Minutes from the October 3, 2011 Regular City Council Meeting
Alderman Morsch moved, seconded by Alderman Waldeck to approve the consent agenda as
presented. Motion carried unanimously by voice vote.
ORDINANCES
Consideration of a Recommendation from the Housing Trust Fund Board and Plan Commission in
Support of Amendments to Chapter 20A, Inclusionary Housing, of the City Code. (Final Approval
of the Ordinance.)
On October 3, 2011, the City Council considered this matter and granted first reading of an
Ordinance approving amendments to Chapter 20A, Inclusionary Housing, subject to some
additional wording clarification by the City Attorney.
24
Proceedings of the October 17, 2011
Regular City Council Meeting
On September 14, 2011, the Plan Commission considered a unanimous recommendation from
the expanded Housing Trust Fund Board in support of amendments to Chapter 20A of the City
Code, Inclusionary Housing. The proposed amendments are detailed below.
The definition section is modified to provide clarification and to add a definition of
“moderate housing”. The inclusion of the “moderate” definition is a response to
comments from the community and the City Council suggesting that providing the
opportunity for the City’s inclusionary housing requirements to address the needs of those
with moderate incomes, in addition to those at lower incomes, may more directly
address the needs of Lake Forest seniors, families and employees of local institutions.
The Code language is clarified to state that in no case, when calculating the required
number of affordable units, can the number be less than one unit. This is to address a
technical loophole in the Code.
Chapter 20A of the City Code was originally adopted by the City Council in 2005 as part of a
series of actions taken by the Council in support of and to establish a framework for retaining
and adding to the diversity of housing in Lake Forest. This Chapter established a requirement
that new residential developments, that meet certain parameters, must construct affordable
units as part of the development. The Code provisions provide the opportunity, at the sole
discretion of the City Council, for a payment in lieu of on-site units.
These amendments simply provide additional tools for achieving and retaining a diversity of
housing in the community. No development project is initiated or contemplated with these
changes and no expenditure of funds is involved.
Recommended Action: Grant final approval of an Ordinance amending Chapter 20A,
Inclusionary Housing, of the City Code.
Alderman Pandaleon moved, seconded by Alderman Morsch to grant final approval of an
Ordinance amending Chapter 20A Inclusionary Housing of the City Code. The following voted
“Aye”; Alderman Novit, Waldeck, Pandaleon, Morsch, Palmer, and Adelman. The following
voted “Nay” none. Motion carried.
Approval of Code Amendment, Chapter 27-Park and Recreation Board
Parks and Recreation Director, Mary Van Arsdale requested Council approval of an ordinance
amending Chapter 27 of the City Code regarding the Park and Recreation Board terms and
duties.
As part of the City’s ongoing review of various codes related to Boards and Commissions, it was
noted that the Park and Recreation Board Section 27 of the City Code did not reflect current
practices and could benefit from revising the term recital portion of the ordinance. As a result,
City staff began dialogue with the current Park Board members and City attorney to address
potential amendments.
Section 27-15 “Establishment; Term of Office” specified 5-year terms for Park Board members. The
amended ordinance reflects reducing the term of Board members from 5 years to 2 years. This
change will bring the service term more in line with other City Commissions and Boards and will
enhance the Caucus and City’s ability to attract candidates to the Park and Recreation Board.
25
Proceedings of the October 17, 2011
Regular City Council Meeting
Reducing the term was discussed by the current Park and Recreation board members and they
supported this change.
Section 27-16 entitled “Powers and Duties” also set forth the duties of the Park and Recreation
Board and indicates that they prepare an annual operating budget and program plan for
consideration by the City Council. This language does not reflect current fiscal or program
practices as that the annual operating budget is prepared by City staff and brought directly to
City Council for approval as part of its annual fiscal budget review and approval calendar.
All other copy within Chapter 27 is accurate and staff is not recommending changes to any
other portion of the ordinance.
RECOMMENDED ACTION: Staff requests Council approval to waive first reading and grant final
approval to amend Chapter 27 of the City Code regarding the Park and Recreation Board terms
and duties.
Lengthy discussion was held regarding the current wording of this ordinance. City Council
requested some additional wording be added to this ordinance. Council advised city staff to
amend the ordinance with additional language.
Alderman Palmer moved, seconded by Alderman Morsch to waive first reading of the
ordinance as presented without section 3. Motion carried by voice vote.
Alderman Palmer moved, seconded by Alderman Morsch to grant final approval of amended
Chapter 27 of the City Code regarding the Park and Recreation Board terms and duties. The
following voted “Aye”; Alderman Novit, Waldeck, Pandaleon, Morsch, Palmer, and Adelman.
The following voted “Nay” none. Motion carried.
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
None
ADJOURNMENT
There being no further business, Alderman Palmer moved, seconded by Alderman Pandaleon to
adjourn the meeting at 8:47 p.m. The motion carried unanimously by voice vote.
Cathryn H. Buerger
Deputy City Clerk
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HIGHWAY AUTHORITY AGREEMENT
This Highway Authority Agreement (“Agreement”) is entered into this___day
of_____, 2010 pursuant to 35 Ill. Adm. Code 742.1020 by and between the Equilon
Enterprises LLC d/b/a Shell Oil Products US ("Owner/Operator") and (2) The City of
Lake Forest, Illinois ("Highway Authority"), collectively known as the "Parties."
WHEREAS, Owner/Operator is the owner or operator of one or more leaking
underground storage tanks presently or formerly located at common address 193 East
Deerpath, Lake Forest, Illinois ("the Site");
WHEREAS, as a result of one or more releases of contaminants from the above
referenced underground storage tanks ("the Release(s)"), soil and/or groundwater
contamination at the Site exceeds the Tier I residential remediation objectives of 35 Ill.
Adm. Code 742;
WHEREAS, the soil and/or groundwater contamination exceeding Tier 1
residential remediation objectives extends or may extend into the Highway
Authority’s right-of-way;
WHEREAS, the Owner/Operator is conducting corrective action in response to
the Release(s);
WHEREAS, the Parties desire to prevent groundwater beneath the Highway
Authority's right-of-way that exceeds Tier I remediation objectives from use as a supply
of potable or domestic water and to limit access to soil within the right-of-way that
exceeds Tier I residential remediation objectives so that human health and the
environment are protected during and after any access;
NOW, THEREFORE, the Parties agree as follows:
1. The recitals set forth above are incorporated by reference as if fully set forth
herein.
2. The Illinois Emergency Management Agency has assigned incident number(s)
20030451 and 20080907 to the Release(s).
3. Attached as Exhibit A is a scaled map(s) prepared by the Owner/Operator that
shows the Site and surrounding area and delineates the current and estimated
future extent of soil and groundwater contamination above the applicable Tier I
residential remediation objectives as a result of the Release(s).
4. Attached as Exhibit B is a table(s) prepared by the Owner/Operator that lists each
contaminant of concern that exceeds its Tier I residential remediation objective,
its Tier I residential remediation objective and its concentrations within the zone
104
where Tier I residential remediation objectives are exceeded. The locations of the
concentrations listed in Exhibit B are identified on the map(s) in Exhibit A.
5. Attached as Exhibit C is a scaled map prepared by the Owner/Operator showing
the area of the Highway Authority's right-of-way that is governed by this
Agreement ("Right-of-Way"). Because Exhibit C is not a surveyed plat, the
Right-of-Way boundary may be an approximation of the actual Right-of-Way
lines. To the extent that any groundwater contamination may extend beyond the
boundary of the Right-of-Way, that groundwater contamination will be subject to
a groundwater control ordinance enacted by the Highway Authority concurrently
with the approval and execution of this Agreement.
6. The Highway Authority stipulates it has jurisdiction over the Right-of-Way that
gives it sole control over the use of the groundwater and access to the soil located
within or beneath the Right-of-Way.
7. The Highway Authority agrees to prohibit within the Right-of-Way all potable
and domestic uses of groundwater exceeding Tier I residential remediation
objectives.
8. The Highway Authority further agrees to limit access by itself and others to soil
within the Right-of-Way exceeding Tier I residential remediation objectives.
Access shall be allowed only if human health (including worker safety) and the
environment are protected during and after any access. The Highway Authority
may construct, reconstruct, improve, repair, maintain and operate a highway upon
the Right-of-Way, or allow others to do the same by permit. In addition, the
Highway Authority and others using or working in the Right-of-Way under
permit have the right to remove soil or groundwater from the Right-of-Way and
dispose of the same in accordance with applicable environmental laws and
regulations. The Highway Authority agrees to issue all permits for work in the
Right-of-Way, and make all existing permits for work in the Right-of-Way
subject to the following or a substantially similar condition:
As a condition of this permit the permittee shall request the office
issuing this permit to identify sites in the Right-of-Way where a
Highway Authority Agreement governs access to soil that exceeds
the Tier I residential remediation objectives of 35 Ill. Adm. Code
742. The permittee shall take all measures necessary to protect
human health (including worker safety) and the environment
during and after any access to such soil.
9. This Agreement shall be referenced in the Agency’s no further remediation
determination issued for the Release(s).
10. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way
at least 30 days prior to the date the transfer takes effect. This Agreement shall be
105
null and void upon the transfer unless the transferee agrees to be bound by this
Agreement as if the transferee were an original party to this Agreement. The
transferee's agreement to be bound by the terms of this Agreement shall be
memorialized at the time of transfer in a writing ("Rider") that references this
Highway Authority Agreement and is signed by the Highway Authority, or
subsequent transferor, and the transferee.
11. This Agreement shall become effective on the date the Agency issues a no further
remediation determination for the Release(s). It shall remain effective until the
Right-of-Way is demonstrated to be suitable for unrestricted use and the Agency
issues a new no further remediation determination to reflect there is no longer
need for this Agreement, or until the Agreement is otherwise terminated or
voided.
12. In addition to any other remedies that may be available, the Agency my bring suit
to enforce the terms of this Agreement or may, in its sole discretion, declare this
Agreement null and void if any of the Parties or any transferee violates any term
of this Agreement. The Parties or transferee shall be notified in writing of any
such declaration.
13. This Agreement shall be null and void if a court of competent jurisdiction strikes
down any part or provision of the Agreement.
14. This Agreement supersedes any prior written or oral agreements or
understandings between the Parties on the subject matter addressed herein. It may
be altered, modified or amended only upon the written consent and agreement of
the Parties.
15. Any notices or other correspondence regarding this Agreement shall be sent to the
Parties at following addresses:
Illinois Environmental Protection Agency:
Manager, Division of Remediation Management
Bureau of Land
Illinois Environmental Protection Agency
P.O. Box 19276
Springfield, IL 62974-9276
Owner/Operator
Equilon Enterprises LLC d/b/a
Shell Oil Products US
603 Diehl Rd. Suite 103
Naperville, IL
ATTN: Environmental / HSA
106
The City of Lake Forest
The City of Lake Forest
800 North Field Drive
Lake Forest, IL 60045
ATTN: Director of Public Works
With a copy to:
The City of Lake Forest
220 E. Deerpath,
Lake Forest, IL 60045
ATTN: City Manager
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed
by their duly authorized representatives.
THE CITY OF LAKE FOREST
_________________________________
Date: _____________ , 2010 By:
Its:
Equilon Enterprises LLC d/b/a
Shell Oil Products US
________________________________
Date: _____________, 2010 By: John Robbins
Title: Project Manager
#9718150_v4
107
TIERED APPROACH TO CORRECTIVE-ACTION OBJECTIVES
SUPPLEMENTAL AGREEMENT
This Supplemental Agreement (“Supplemental Agreement”) to establish obligations of
Equilon Enterprises LLC d/b/a Shell Oil Products US (“Shell”) is entered into this ___ day of
____________, 2011 ("Effective Date"), by and between Shell and The City of Lake Forest
("City"), as follows:
1. This Supplemental Agreement is not binding upon the City until it is executed by the
undersigned representative of the City and, prior to execution, this Supplemental Agreement
constitutes an offer by Shell. The duly authorized representative of Shell has signed this
Supplemental Agreement and this Supplemental Agreement is binding upon them, their
successors and assigns until such time as the Illinois Environmental Protection Agency (“IEPA”)
has determined that the attached Highway Authority Agreement (“HAA”) [Exhibit A] is no
longer needed as an institutional control for the Site (as defined below) and for the closure of the
Incidents (as defined below) and the Parties have terminated the HAA.
2. Shell is pursuing a corrective action of the property commonly known as 193 East
Deerpath Road, Lake Forest, County of Lake, Illinois ("Site"), and of the Deerpath Road and
Oakwood Avenue rights-of-way adjacent thereto (collectively, "Rights-of-Way"), legally
described on Exhibit B hereto.
3. Attached to the HAA as Group Exhibit B are tables prepared by Shell showing the
concentration of contaminants of concern ("Contaminants") in soil and/or groundwater within
the Site, and which show the applicable Tier 1 soil remediation objectives for residential
property and Tier 1 objectives for groundwater of the Illinois Pollution Control Board ("IPCB").
Attached to the HAA as Exhibit C is a drawing prepared by Shell which depicts the Rights-of-
Way and shows the area of estimated Contaminant impacted soil and/or groundwater where, at
the time of this Supplemental Agreement, Contaminants are estimated to exceed the Tier 1
residential levels under 35 Ill. Admin. Code Part 742. As the drawings in the Exhibits are not
surveyed plats, the boundaries of the Rights-of-Way in the Exhibits may be an approximation of
the actual Rights-of-Way lines. It is impracticable to sample the Rights-of-Way for
Contaminants; however, the parties believe that the area of the Rights-of-Way is adequate to
encompass soil and/or groundwater within the Rights-of-Way possibly impacted with
Contaminants from a release at the Site.
4. The Illinois Emergency Management Agency has assigned incident numbers
20030451 and 20080907 to releases at the Site (“Incidents”).
5. On [DATE] the City and Shell entered a Tiered Approach to Corrective-Action
Objectives Agreement related to incident 20030451 ("Original TACO Agreement").
6. Shell intends to request risk-based, site specific soil and/or groundwater remediation
objectives from the Illinois Environmental Protection Agency ("IEPA") under 35 Ill. Admin.
Code Part 742.
108
7. Under these rules, use of risk-based, site specific remediation objectives in the
Rights-of-Way may require the use of a highway authority agreement as defined in 35 Ill.
Admin. Code Section 742.1020.
8. The City holds a fee simple interest or a dedication for highway purposes in the
Rights-of-Way, or the Rights-of-Way are platted streets, and has jurisdiction of the Rights-of-
Way. For purposes of this Supplemental Agreement, "jurisdiction" means that the City exercises
access control over the use of groundwater beneath the Rights-of-Way and over access to the soil
beneath the Rights-of-Way because it requires a permit for that access. The City's jurisdiction
may be affected by easements and other property rights of record.
9. This Supplemental Agreement is intended to establish the undertakings of Shell to the
City as consideration for the City to enter the HAA in the form required by the IPCB. The HAA
establishes that the City is willing to agree that it will not allow the use of groundwater under the
highway Right-of-Way as a potable or other domestic supply of water and that it will limit access
as described therein to soil under the highway Right-of-Way that is contaminated from the
release at levels above residential Tier 1 remediation objectives.
10. This Supplemental Agreement shall have no further force or effect in the event that
the IEPA declines to approve the HAA in writing or should the HAA not be referenced in the
"No Further Remediation" determination.
11. The City has agreed to certain obligations in the HAA as set forth in paragraphs 6
through 12 therein, which the City will undertake subject to the terms of this Supplemental
Agreement.
12. As the pavement in the Rights-of-Way may be considered an engineered barrier,
Shell agrees to reimburse the City for the City’s actual and reasonable costs incurred for
maintenance activities, either requested by Shell in writing or demanded by the IEPA, in order to
maintain the pavement as an engineered barrier. Further, although the City may elect to maintain
the Rights-of-Way as a highway pursuant to its general authority over streets and highways, the
City does not agree that: (a) the Rights-of-Way will always remain a highway; or (b) the City
will maintain the Rights-of-Way as an engineered barrier, unless Shell reimburses the City for
actual and reasonable costs relating thereto.
13. Shell agrees to indemnify and hold harmless the City, and other highway authorities,
if any, maintaining the highway Rights-of-Way by an agreement with the City, and the City's
officers, agents, contractors, or employees from and against any losses, liabilities, damages,
claims, judgments and actions, including attorneys' fees and court costs, directly or indirectly
arising out of or in connection with, or in any way associated with, the release of Contaminants
from the Site, the existence of Contaminants in the Rights-of-Way, or the HAA.
14. Shell agrees to reimburse the City for the reasonable costs it has incurred in
protecting human health and the environment and reviewing and negotiating this Supplemental
Agreement, including, but not limited to, identifying, investigating, handling, storing and
disposing of contaminated groundwater in the Rights-of-Way as a result of the release of
109
Contaminants at this Site by Shell. The City has documented those costs for Shell, which costs
shall not exceed $3,500.00. A check made payable to "The City of Lake Forest" shall be
tendered to the City at the time the City tenders an executed HAA to Shell.
15. This Supplemental Agreement shall be binding upon all successors in interest to Shell
and to all successors to the interest of the City in the highway Rights-of-Way. A successor in
interest of the City would include, without limitation, a highway authority to which the City
would transfer jurisdiction of the highway.
16. Violation of the terms of this Supplemental Agreement by Shell, or its successors in
interest, may be grounds for voidance of this Supplemental Agreement and the HAA. Violation
of the terms of this Supplemental Agreement or the HAA or both by the City will not void this
HAA unless the IEPA has determined that the violation is grounds for voiding the HAA and the
City has not cured the violation within such time as IEPA has granted to cure the violation.
17. This Supplemental Agreement shall continue in effect from the Effective Date until:
(a) the IEPA determines that the Rights-of-Way are suitable for unrestricted use; (b) there is no
longer a need for the HAA; and (c) the IEPA, upon written request by Shell and with notice to
the City, has amended the notice in the chain of title of the Site to reflect unencumbered future
use of the highway Rights-of-Way.
18. This Supplemental Agreement is in settlement of claims the City may have arising
from the release of Contaminants into the Right-of-Way associated with incident numbers
20030451 and 20080907.
19. Neither this Supplemental Agreement nor the HAA limits the City's ability to
construct, reconstruct, improve, repair, maintain and use the Rights-of-Way in whatever manner
the City determines to be appropriate or to allow others to use the Rights-of-Way by permit
("Work"). To that extent, the City reserves the right and the right of those using its property
under permit to remove contaminated soil or groundwater, as may be reasonably necessary for
the Work, from those portions of its Rights-of-Way in which, at the time of this Supplemental
Agreement, Contaminants exceed the Tier 1 residential remediation objectives, and to dispose of
such Contaminants, all as the City or those using its property deem appropriate and not
inconsistent with applicable environmental regulations ("Remediation Activity”).
A. Prior to undertaking any site investigation of the Right-of-Way, the City will first
give Shell written notice (unless there is an immediate threat to the health or
safety to any individual or to the public) that (i) it intends to perform Work
involving a site investigation in the Rights-of-Way, and (ii) the time when the
City expects to commence such site investigation (a "Site Investigation Notice").
A copy of any site investigation report will be provided to Shell and the City prior
to any Remediation Activity being undertaken.
B. Prior to taking any Remediation Activity or engaging in Work which might
require Remediation Activity, the City will first give Shell written notice (unless
there is an immediate threat to the health or safety to any individual or to the
110
public) that it intends: (i) to engage in Work which might require Remediation
Activity, (ii) to undertake Remediation Activity to the extent necessary for the
Work; and (iii) the time when the City expects to commence such Work (a
"Remediation Notice"). Any actual Remediation Activity shall be based upon the
site investigation (which may be modified by field conditions during excavation).
C. The City may deliver a Site Investigation Notice and a Remediation Notice to
Shell contemporaneously.
20. If Shell notifies the City within 15 days after the City delivers a Site Investigation
Notice or a Remediation Notice to Shell that Shell will perform the site investigation or the
Remediation Activity as required and within the time period set forth in such notice, then the
City shall provide Shell with an opportunity to perform the site investigation and the
Remediation Activity which may reasonably be necessary for the Work. If Shell elects to
perform such site investigation and Remediation Activity, Shell shall, at its cost, procure all
necessary permits and shall post a completion bond in the amount of the work to be performed
prior to commencing such work. The failure of the City to give notice is not a violation of this
Supplemental Agreement.
21. If Shell elects not to perform the site investigation part of the Work or the
Remediation Activity, Shell shall reimburse the City for the reasonable costs incurred in
performing the site investigation and preparing the site investigation report (including without
limitation reasonable attorneys' fees) and for the actual incremental increase in the cost of the
Work related to the requirement to remove Contaminants present in the soil and/or groundwater,
including, without limitation, the cost of the Remediation Activity and attorney's fees. The
failure of Shell to provide reimbursement to the City within 45 days of receipt of an invoice from
the City, in accordance with and pursuant to this paragraph, shall be grounds for voidance by the
City of this Supplemental Agreement and, except as otherwise set forth therein, the HAA.
22. Written notice required by this Supplemental Agreement or the HAA shall be mailed
to the following: if to Shell: Environmental Engineering, Shell Oil Company, Inc., 603 Diehl
Road, Suite 103, Naperville, Illinois 60563; and if to City: The City of Lake Forest, 800 North
Field Drive, Lake Forest, Illinois 60045, ATTN: Director of Public Works, with a copy to: The
City of Lake Forest, 220 East Deerpath, Lake Forest, Illinois 60045, ATTN: City Manager.
23. The City's sole responsibility under this Supplemental Agreement and HAA with
respect to others using the highway Right-of-Way under permit from the City is to include the
following, or similar language, in the future standard permit provisions and to make an effort to
notify its current permit holders of the following:
As a condition of this permit the permittee shall request the office issuing this permit
to identify sites in the Right-of-Way where a Highway Authority Agreement governs
access to soil that exceeds the Tier I residential remediation objectives of 35 Ill. Adm.
Code 742. The permittee shall take all measures necessary to protect human health
(including worker safety) and the environment during and after any access to such
soil.
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24. Shell hereby releases the City from liability for breach of this Supplemental
Agreement by others under permit, and further indemnifies the City against claims that may arise
from others under permit causing a breach of this Supplemental Agreement. Shell agrees that its
personnel at the Site, if any, will exercise due diligence in notifying those accessing
contaminated soil in the Rights-of-Way of their rights and responsibilities under this
Supplemental Agreement.
25. Should the City breach this Supplemental Agreement or the HAA, Shell's sole
remedy is for an action for damages which would be brought exclusively in the Lake County
Circuit Court. Any and all claims for damages against the City, its agents, contractors, or
employees, or its successors in interest, arising at any time for a breach the HAA are limited to
an aggregate maximum of $10,000.00. Shell shall have no other action, in law or equity, against
the City, its agents, contractors, employees and its successors in interest for the breach of any
other provision of this Supplemental Agreement. Shell hereby releases the City, its agents,
contractors, employees and its successors in interest for any cause of action Shell may have
against them, other than as provided in this paragraph or as provided by applicable
environmental laws, regulations or common law governing the contaminated soil or groundwater
in the highway Rights-of-Way. In the event that the City conveys, vacates or transfers
jurisdiction of the highway Rights-of-Way, Shell may pursue an action under this Supplemental
Agreement against the successors in interest, other than a State agency, in a court of law.
25. This Supplemental Agreement and HAA are entered into by the City in recognition
of laws passed by the Illinois General Assembly and regulations adopted by the IPCB which
encourage a tiered-approach to remediating environmental contamination. This Supplemental
Agreement and HAA are entered into by the City in the spirit of those laws and under its rights
and obligations as a highway authority. In the event that any provision of this Supplemental
Agreement is struck down as beyond the authority of the City, this Supplemental Agreement
shall be null and void, except that all costs and expenses to be paid by Shell as provided in this
Supplemental Agreement which have been incurred by the City shall be reimbursed by Shell
within 45 days after the Supplemental Agreement becomes null and void.
26. The terms and protections contained in the Original TACO Agreement are
incorporated herein and relate back to [DATE], the date on which the Original TACO
Agreement was entered.
IN WITNESS WHEREOF, Equilon Enterprises LLC d/b/a Shell Oil Products - US, has caused
this Supplemental Agreement to be signed by its duly authorized representative.
____________________________________
John Robbins, Project Manager
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IN WITNESS WHEREOF, the City has caused this Supplemental Agreement to be
signed by its duly authorized representative.
___________________________________
By:
Its
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EXHIBIT A
HIGHWAY AUTHORITY AGREEMENT
ATTACHED
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EXHIBIT B
Legal Description of Site
PARCEL ONE:
That part of Lot 328 in City of Lake Forest, being a Subdivision in the Northwest quarter of
Section Thirty-Three, Township Forty-Four North, Range Twelve East of the Third Principal
Meridian, according to the Plat thereof recorded July 23, 1857 in Lake County, Illinois,
described as follows to wit:
Commencing at the Northeast corner of said Lot 328; running thence Southerly
along the Easterly line of said Lot, 156.00 feet; thence Westerly at right angles
with said Easterly line to the West line of said Lot, thence North along the West
line of said Lot to the Northwest corner of said Lot; thence East along the North
line of said Lot to the place of beginning.
PARCEL TWO:
That part of Lot Two in Thompson's Addition to the City of Lake Forest, being a Subdivision of
part of the Northwest quarter of Section Thirty-Three, Township Forty- Four North, Range
Twelve East of the Third Principal Meridian, in Lake County, Illinois, described as follows to
wit:
Commencing at the Northeast corner of said Lot Two; running thence Westerly
along the Southerly line of Deerpath Avenue, 100.32 feet to the Northwest corner
of said Lot Two; thence Southerly along the Westerly line of said Lot Two,
148.74 feet; thence Easterly parallel with Illinois Avenue to East line of said Lot
Two; thence North along the East line of said Lot Two to the place of beginning,
excepting from said parcel that part lying Westerly of the Easterly line of the
property as delineated on the Flat of Deerpath Office Plaza Addition recorded in
the Recorder's Office of Lake County, Illinois, on December 8, 1980, as
Document No. 2092156, all in Lake County, Illinois.
Commonly known as: 193 E. Deerpath Ave., Lake Forest, Lake County, IL
Parcel Identification Number(s): 12-33-118-007 & 12-33-118-019
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EXHIBIT C
GROUP EXHIBIT
SOIL AND GROUNDWATER CONTAMINANTS
ATTACHED
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THE CITY OF LAKE FOREST
RESOLUTION NO. 2011-R-____
A RESOLUTION APPROVING THE EXECUTION OF
A HIGHWAY AUTHORITY AGREEMENT AND SUPPLEMENTAL
HIGHWAY AUTHORIZATION AGREEMENT
(SHELL STATION, 193 Deerpath)
WHEREAS, The City of Lake Forest (the “City”) is a home rule special charter
municipality established and existing in accordance with the Constitution of the State of Illinois
of 1970; and
WHEREAS, the City has the authority to adopt resolutions and to promulgate rules and
regulations that pertain to its government and affairs and governing public rights-of-ways and
that protect the public health, safety, and welfare of its citizens; and
WHEREAS, Equilon Enterprises LLC d/b/a Shell Oil Products US (“Shell”) is the owner
and/or operator of a parcel of land (the "Land") in the City located 193 Deerpath Road, Lake
Forest, Illinois at the southwest corner of Deerpath Road and Oakwood Avenue; and
WHEREAS, Shell has reported one or more releases of contaminants to the Illinois
Emergency Management Agency from the underground storage tank system on the Land; and
WHEREAS, after extensive testing, Amoco determined that a portion of the Land and
adjacent street right-of-way (the "Right-of-Way") was contaminated, however, the release and
contamination pose no risk to human health or the environment provided that, among other
requirements, a Highway Authority Agreement ("HAA") as prescribed by 35 Ill. Admin. Code
742.1020 is executed containing certain regulations to warn those who may undertake work on
the Right- of-Way in the future; and
WHEREAS, in order to ensure that the City is held harmless from the terms of the HAA,
it is recommended that a Supplemental Highway Authorization Agreement (the "Supplemental
HAA") be executed between Shell and the City; and
WHEREAS, the City hereby finds that it is in the best interest of the City and the public
to enter into the attached HAA and Supplemental HAA so as to protect the public from future
exposure, tie liability for the contamination on the Land and Right-of-Way to Shell, and limit
costs and expenses to the public;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of The City of
Lake Forest, County of Lake, State of Illinois, as follows:
Section 1. Recitals. The facts and statements contained in the preambles to this
Resolution are found to be true and correct and are hereby adopted as part of this Resolution.
Section 2. Approval of and Authority to Execute HAA and Supplemental HAA.
The HAA is hereby approved in substantially the form attached hereto as Exhibit A, and the
Supplemental HAA as attached hereto as Exhibit B is hereby approved subject to final review
and approval by the City Manager and City Attorney. Following the final review and approval of
the Supplemental HAA, the Mayor and City Clerk are authorized and directed to execute and
attest to, respectively, the HAA as attached and the Supplemental HAA as finally approved.
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Section 3. Effective Date. This Resolution shall take effect after its passage,
approval, and publication in pamphlet form.
PASSED this ___ day of ____________, 2011.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ____ day of ___________________, 2011.
Mayor
ATTEST:
_______________________________
City Clerk
#10731192_v1
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2011-____
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A
POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF
POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD
Adopted by the
Mayor and City Council
of
The City of Lake Forest
this ___ day of __________, 2011
Published in pamphlet form by direction
and authority of The City of Lake Forest,
Lake County, Illinois
this ___ day of __________, 2011
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2011-__
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A
POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF
POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD
WHEREAS, certain properties in The City of Lake Forest, Illinois (“City”) have been used
over a period of time for commercial/industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the City may exceed Class I groundwater quality standards for potable
resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier I remediation
objectives as set forth in 35 Illinois Administrative Code 742: and
WHEREAS, the City desires to limit potential threats to human health from groundwater
contamination while facilitating the redevelopment and productive use of properties that are the
source of said chemical constituents;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of The City of Lake
Forest, Lake County, Illinois, as follows:
SECTION ONE: Recitals. The foregoing recitals are incorporated herein as findings of
the Mayor and City Council.
SECTION TWO: Water Use Prohibition. Except for such uses or methods in existence
before the effective date of this Ordinance, the use or attempt to use as a potable water supply
groundwater from within the that area of the corporate limits of The City of Lake Forest as depicted
on Exhibit A attached hereto and made a part hereof, as a potable water supply, by the installation
or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes
The City of Lake Forest.
SECTION THREE: Penalties. Any person violating the provisions of this Ordinance shall
be subject to a fine of up to seven hundred fifty dollars ($750.00) for each violation.
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SECTION FOUR: Definitions.
A. "Person" is any individual, partnership, co-partnership, firm, company,
limited liability company, corporation, association, joint stock company, trust, estate,
political subdivision, or any other legal entity, or their legal representatives, agents or
assigns.
B. "Potable water" is any water used for human or domestic consumption,
including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or
preparing foods.
SECTION FIVE: Repealer. All ordinances or parts of ordinances in conflict with this
Ordinance are here repealed insofar as they are in conflict with this Ordinance.
SECTION SIX: Severability. If any provision of this Ordinance or its application to any
person or under any circumstances is adjudged invalid, such adjudication shall not affect the
validity of the Ordinance as a whole or of any portion not adjudicated invalid.
SECTION SEVEN: Effective Date. This Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law; provided,
however, that this Ordinance shall not be effective until the Highway Authorization Agreement
and Supplemental Highway Authorization Agreement approved on this same day by Resolution
of the City Council have been fully executed by the City and the parties thereto.
PASSED this _____ day of _________, 2011.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this _____ day of __________, 2011.
By:
Mayor
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ATTEST:
City Clerk
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EXHIBIT A
Potable Groundwater Prohibition Area
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