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CITY COUNCIL 01/17/2023THE CITY OF LAKE FOREST CITY COUNCIL AGENDA **Tuesday, January 17, 2022 Immediately following the Finance Committee meeting at 6:30pm. CALL TO ORDER AND ROLL CALL immediately following Finance Committee at 6:30 p.m. Honorable Mayor, George Pandaleon James E. Morris, Alderman First Ward Jim Preschlack, Alderman Third Ward Nancy P. Novit, Alderman First Ward Ara Goshgarian, Alderman Third Ward Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Resolution of Sympathy for former Alderman David Cain A copy of the resolution can be found on page 20 COUNCIL ACTION: Approve the Resolution of Sympathy for former Alderman David Cain B. Approval of a Resolution of Appreciation for Retiring Employee Crispin “Pete” Abel A copy of the Resolution can be found on page 21 COUNCIL ACTION: Approval of the Resolution of Appreciation for Retiring Employee Crispin Pete Abel C. Approval of a Resolution of Appreciation for Retiring Employee Charles R. Franco A copy of the Resolution can be found on page 22 COUNCIL ACTION: Approval of the Resolution of Appreciation for Retiring Employee Charles Franco D. Proclamation for Native Voices Initiative A copy of the Proclamation can be found on page 23 1 Tuesday, January 17, 2023, City Council Agenda E. Lake Forest Fire Department Clinical Save Awards - Andy Rick, Battalion Chief 2. COMMENTS BY CITY MANAGER A. Update on Deerpath Park Athletic Fields – Site Plan and Turf Materials Selection -Chuck Myers, Superintendent of Parks & Forestry 3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL 4. COMMITTEE REPORTS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of December 5, 2022, City Council Meeting Minutes A copy of the minutes can be found beginning on page 24 COUNCIL ACTION: Approval of December 5, 2022, City Council Meeting Minutes 2. Approval of the Check Register for the Period of November 24 – December 31, 2022 STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on the City treasury for the payment of all sums due from the City (including all warrants relating to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments which denotes the person to whom the warrant is payable. The warrant list detail of invoice payments shall be presented for review to the Chairperson of the City Council Finance Committee for review and recommendation. All items on the warrant list detail recommended for payment by the Finance Committee Chairperson shall be presented in summary form to the City Council for approval or ratification. Any member of the City Council shall, upon request to the City Manager or Director of Finance, receive a copy of the warrant list detail as recommended by the Finance Committee Chairperson. The City Council may approve the warrant list as so recommended by the Finance Committee Chairperson by a concurrence of the majority of the City Council as recorded through a roll call vote. The Council action requested is to ratify the payments as summarized below. The associated payroll and invoice payments have been released during the check register period noted. 2 Tuesday, January 17, 2023, City Council Agenda Following is the summary of warrants as recommended by the Finance Committee Chairperson: Amounts categorized as “All other Funds” includes medical/dental plan claims totaling $884,586. COUNCIL ACTION: Approval of the Check Register for the Period of November 24 – December 31, 2022 3. Consideration of a Request to Waive the Fidelity Bond Requirement in Connection with Holding a Raffle in the City of Lake Forest for the CROYA Foundation Approval by Motion) STAFF CONTACT: Margaret Boyer, City Clerk (847.810.3674) PURPOSE AND ACTION REQUESTED: Staff requests City Council consideration of waiving the fidelity bond requirement in connection with a proposed raffle from the CROYA Foundation. BACKGROUND: In January 2020 the City Council approved an Ordinance Amending Chapter 110, titled “Licenses and Miscellaneous” related to Raffles, to align these sections with recent State of Illinois Legislation. Section 110.0149, J, allows the raffle manager designated by the organization to seek a waiver of the bond requirement from the City Council. At this time the CROYA Foundation is requesting a waiver of the bond requirement and has submitted a request. A copy of the requests can be found beginning on page 31. BUDGET/FISCAL IMPACT: N/A COUNCIL ACTION: Consideration of a Request to Waive the Fidelity Bond Requirement in Connection with Holding a Raffle in the City of Lake Forest for the CROYA Foundation Approval by Motion) Fund Invoice Payroll Total 101 General 530,640 1,792,830 2,323,470 501 Water & Sewer 2,168,509 212,896 2,381,405 220 Parks & Recreation 161,349 450,281 611,630 311 Capital Improvements 99,505 99,505 202 Motor Fuel Tax 4,342 4,342 230 Cemetery 17,356 55,736 73,092 210 Senior Resources 9,057 30,617 39,674 510 Deerpath Golf Course 94,106 3,197 97,303 601 Fleet 48,079 57,236 105,315 416 - 433 Debt Funds 2,558,856 2,558,856 248 Housing Trust 0 201 Park & Public Land 0 All other Funds 1,099,066 173,229 1,272,295 $6,790,867 $2,776,022 $9,566,889 Check Register for November 24- December 31, 2022 3 Tuesday, January 17, 2023, City Council Agenda 4. Consideration of an Ordinance Amending the City of Lake Forest City Code Regarding the Class C-1 and C-3 Liquor Licenses (First reading and if appropriate final approval) STAFF CONTACT: Margaret Boyer, City Clerk, 847-810-3674 PURPOSE AND ACTION REQUESTED: At the direction of the City’s Liquor Commissioner, Staff is requesting consideration of an Ordinance amending the City’s Liquor Code to increase the number of liquor licenses in the C-1 and C-3 license categories. BACKGROUND AND DISCUSSION: The Liquor Commissioner has received a request from the Lantern of Lake Forest, Inc., located at 768 N. Western Avenue to re-issue the restaurant’s liquor licenses. The owner, Edward Neville has requested a C-1 liquor license (general restaurant liquor license) and an add-on C-3 liquor license that will allow outdoor service. The former owner and liquor license holder of the Lantern unfortunately passed away. Under the City Code, liquor licenses are a personal privilege that may not be transferred and terminate upon the death of the licensee holder. Upon the termination of a liquor license, the City Code provides that the number of available liquor licenses is automatically reduced by one without any further action of the City Council. Thus, the number of available C-1 and C-3 liquor licenses was automatically reduced upon the termination of the Lantern’s liquor licenses. Accordingly, the Lantern has applied for new C-1 and C-3 liquor license, but the City Council must first amend the City Code to increase the maximum number of such licenses. As the Council is aware, the issuance of liquor licenses is under the purview of the City’s Liquor Commissioner and the Mayor serves in that role. However, the City Code only authorizes a specific number of liquor licenses and, historically, this number coincides with the current number of licenses issued. When new requests for liquor licenses are submitted, and after review by the Liquor Commissioner and a determination that the Issuance of a license is appropriate, the City Council is asked to consider an amendment to the Liquor Code to increase the number of available licenses. In this case, the number of C-1 and C-3 liquor licenses will increase by one. The proposed ordinance showing the number of Class C-1 and C-3 liquor licenses can be found beginning on page 32. BUDGET/FISCAL IMPACT: The fiscal impact of adding additional licenses in the C-1 and C-3 categories would have a positive impact on liquor license revenues. COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest City Code to increase the number of Licenses available in the Class C-1 and C-3 liquor license categories (First reading and if appropriate final approval). 5. Approval of a Change Order Increasing the Cost of Printing and Mailing the City Dialogue Newsletter for Fiscal Year 22-23 from $41,980 to $45,071 STAFF CONTACT: George Issakoo, Assistant City Manager (847-810-3680) PURPOSE AND ACTION REQUESTED: City Council previously approved a contract award to Lake County Press, Inc., in the Amount of $40,180 and a 4.5% contingency in the amount of $1,800, 4 Tuesday, January 17, 2023, City Council Agenda for a grand total of $41,980 for the mailing and printing of the Dialogue Newsletter. Due to unforeseen cost increases in labor and materials, the existing budget will not cover the expense of printing and mailing the final newsletter of the fiscal year. BACKGROUND/DISCUSSION: The City of Lake Forest regularly contracts with outside service providers to perform professional printing services for various projects including the quarterly Dialogue Newsletter, Recreation Seasonal Brochure, and the Dickinson Hall News Brief, which are produced and delivered throughout the community. The Dialogue Newsletter is print publication that is produced quarterly and includes a winter, spring, summer and fall edition. The newsletter is printed and delivered to every home, office, business, and post office box within the corporate limits of Lake Forest. Approximately 8,900 newsletters are distributed each quarter and available to view online. BUDGET/FISCAL IMPACT: This past spring, the City Council awarded a contract to Lake County Press, Inc. in the amount of $41,980 for professional printing and mailing services for the City Dialogue Community-Wide Newsletter. Lake County Press provided services for three Dialogue Newsletters in 2022 at the budgeted amount, however, labor and material cost increases forced the increase of the total cost to print and mail the final newsletter of this fiscal year. As a result, the existing budget amount will not cover the $12,965 required to print and mail the newsletter. A change order to the April 2022 approval in the amount of $3,091 is required to provide sufficient funding, increasing the Lake County Press purchase order to $45,071. Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N City Council – Printing/Stationary 101-1101-460.60-13 N/A $ 3,091 No The cost overage will be funded from savings in other City Council budget line items. COUNCIL ACTION: Approval of a Change Order Increasing the Cost of Printing and Mailing the City Dialogue Newsletter for Fiscal Year 22-23 from $41,980 to $45,071 6. Approval for the Purchase of a Zoll X Series Cardiac Monitor. And an Extended Warranty for a 2020 Cardiac Monitor, in an amount not to exceed $53,392.23. STAFF CONTACT: Pete Siebert Chief (810-3864) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval to purchase this equipment to replace a current Zoll monitor that has reached the end of its useful service life. Staff also request approval to purchase an extended warranty for a 2020 monitor that the department currently owns. BACKGROUND/DISCUSSION: As an organization, the Lake Forest Fire Department strives to provide our personnel with the proper equipment to treat and care for our citizens and guests, to our community, when a medical emergency happens. We go to great lengths and expense in training and equipping our firefighter/paramedics with the proper equipment capable of mitigating almost any hazardous situation, newer released technology and 5 Tuesday, January 17, 2023, City Council Agenda innovations made to cardiac monitors would allow our personnel to better serve our community. These new monitors have the ability to transmit the acquired 12-lead findings directly to the cardiac facility where they can be reviewed by an emergency room physician and cardiologist. A new tool that has been providing prodigious results in the field of prehospital care is that of end-tidal carbon dioxide (EtCO2) monitoring. Our community provides EMS care to residents that have pulmonary illnesses that require maintenance medications and constant monitoring. When one of these patients suffers a pulmonary event, our paramedics will be able to use this technology to provide the most effective care based on the findings. Carbon Monoxide poisoning claims the lives of nearly 3,800 Americans each year. The new cardiac monitors are equipped with the ability to determine these levels in our patients, including our firefighters upon exiting a structure fire. The new cardiac monitor comes with a four-year extended warranty plan that will help defer maintenance expenses and keep the monitor up to date with the latest updates and equipment. Zoll has also quoted us on an extended warranty for a monitor we purchased in 2020. The warranty package being offered will help reduce costs in the service and upkeep of the monitor, ultimately extending the useful service life of the monitor. BUDGET/FISCAL IMPACT: The funds for this purchase were approved as discretionary funds granted in the general fund to the Fire Department operating budget in FY23 budget. The fire department has submitted multiple grant requests to try and fund purchases of cardiac monitors, but we have been denied all requests. Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific exception requested: Administrative Directive 3-5, Section 6.1B – Sole Source Vendor – All of our ambulances are equipped with Zoll monitors. Our Paramedics are all trained exclusively to operate the Zoll monitors. We have a great relationship with our assigned Zoll area representative and look to continue working with Zoll. Company Name Dollar Amount ZOLL Medical Corporation- New Cardiac Monitor $46,709.73 ZOLL Medical Corporation – Extended Warranty for 2020 cardiac monitor $6,682.50 Total $53,392.23 Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N EMS Minor Equipment Fund 101-7555-460-6020 $54,000 $53,392.23 Y COUNCIL ACTION: Approval for the purchase of a Zoll X series cardiac monitor. And an extended warranty for a 2020 cardiac monitor, in an amount not to exceed $53,392.23 6 Tuesday, January 17, 2023, City Council Agenda 7. Ratification of an Emergency Purchase of a Police Marked Vehicle Approved by the City Manager, to Currie Ford of Valparaiso, Indiana in the Amount of $44,975 STAFF CONTACT: Dan Martin, Superintendent of Public Works (810-3561) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council ratify an emergency purchase of a marked police vehicle that was approved by the City Manager on December 19, 2022. The purchase is from Currie Ford of Valparaiso, IN., in the amount of $44,975. BACKGROUND/DISCUSSION: On October 23, 2022, police car # 5 (2020 Ford police Interceptor) was involved in an accident. The City’s police car was traveling southbound on Green Bay Road responding to a call on Onwentsia Road and was struck in the intersection at Green Bay and Deerpath Roads by someone driving westbound on Deerpath. No one was severely injured and the City’s police car was towed to the body shop. The City’s insurance carrier (IRMA hereafter) visited the body shop and after a thorough evaluation, determined the vehicle to be “totaled” and will reimburse the City the sum of $30,025. The totaled 2020 Ford Police Interceptor had accrued approximately 40,200 miles. Once staff learned IRMA had declared the vehicle a total loss, Deputy Police Chief Copeland began searching for a replacement police vehicle and discovered Currie Ford in Valparaiso, Indiana had a unit on their lot. Due to the extremely high demand for police cars, Currie Ford would not be able to hold the vehicle until the City’s next Council Meeting on January 17, 2023. Recognizing not only the Department’s need to have a sufficient fleet for their daily operations, but with a lengthy six-to-eight-month delivery time for a model year 2023 vehicle, staff requested approval from the City Manager for an emergency purchase of the 2022 Ford Interceptor. The purchase was granted with the understanding that staff would request the purchase be ratified at this evening’s City Council meeting. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Manager December 19,2022 Reviewed & Approved Emergency Purchase Request BUDGET/FISCAL IMPACT: The purchase was made from the FY ’23 Capital Equipment line account in the City’s Capital Fund. The totaled unit was stripped of all police equipment that will be repurposed on the new unit. After receiving payment from IRMA, the City will be responsible for the remaining $14,950 which will be funded from Capital Fund reserves. A supplemental appropriation will be presented for City Council approval at the end of the fiscal year, if needed. Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific waiver requested: Administrative Directive 3-5, Section 9.1A – Emergency Purchases Ratification Below is an estimated summary of the Police marked vehicle budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N 7 Tuesday, January 17, 2023, City Council Agenda Capital Fund 311-5003-475-7502 $0 $ 44,975 N Capital Fund Insurance Proceeds 311-0000-379.25-00 $(30,025) Net Expenditure $14,950 COUNCIL ACTION: Ratification of an Emergency Purchase of a Police Marked Vehicle Approved by the City Manager, to Currie Ford of Valparaiso, Indiana in the Amount of $44,975 8. Approval to Purchase a Rough Mower for the Golf Course Section to Reinders, Inc. in the Amount of $80,361, Included in the FY 2024 Capital Equipment Budget and Authorization to Dispose of City Property to the Highest Bidders for a total sum of $8,087. STAFF CONTACT: Dan Martin, Superintendent of Public Works (810-3561) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to purchase a rough mower for the Golf Course Section in the amount of $80,361 and authorization to dispose of the 1990 John Deere tractor to John Baldwin for $6,250 and the 2002 Chevrolet Silverado to Rob January for $1,837 for a total sum of $8,087. If the purchase is approved by City Council this evening, staff anticipates receiving the new rough mower in Summer, 2023. BACKGROUND/DISCUSSION: The golf course maintenance operation is requesting a replacement mower to keep the rough height turf at a desirable height for the golfers. This rough mower will be used to service the new retention ponds and adjacent areas as well as the support existing cutting operations to help alleviate complaints about course conditions. In addition, the mower will provide operational efficiencies during fall leaf mulching season. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee November 28, 2022 Reviewed & Recommended City Council Approval Finance Committee November 14, 2022 Included with Capital Plan BUDGET/FISCAL IMPACT: At its November 28, 2022 meeting, the Public Works Committee specifically reviewed and recommended City Council approval of each piece included in the F.Y. ’24 capital equipment budget. The new mower purchase is being made via the national government joint purchase co- operative, Sourcewell (formerly NJPA). Per Section 3.5 of the City’s Purchasing Directive, purchases can be made via a variety of governmental joint purchasing programs. Specific items are bid nationally and conform to all requirements of the Illinois State bidding laws. 8 Tuesday, January 17, 2023, City Council Agenda Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific exception requested: Administrative Directive 3-5, Section 6.1D – Government Joint Purchase For the disposal of City property, per Administrative Directive 3-2, any item staff believes has a current value of $4,000 or more requires City Council approval to sell. The items are sold via the public bidding process with all the required posting, public viewing and sealed bid requirements fulfilled. The invitation to bid was placed on the City’s website, printed in the Chicago Tribune, and mailed to over 300+ registered landscapers, forestry, and construction companies on file. Anyone is allowed to submit a sealed bid and all items must be paid via cash or cashier’s check. The bid opening for the sale of the golf course’s 1990 John Deere 970 tractor and the 2002 Chevrolet Silverado occurred on Thursday, December 22, 2022. Name 1990 John Deere Tractor 2002 Chevrolet Silverado John Baldwin $6,250 No bid Rob January $6,121 $1,837 Kevin Zupec $6,126 No bid Kevin Hill No bid $1,092 The highest bids received along with the revenue of $8,087 are being recommended for City Council approval and to be applied to the new mower purchase. The applied revenue from the used equipment brings the net cost to $72,274. Below is an estimated summary of the replacement mower’s budget: FY2024 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Golf Course Fund 510-6325-475-75-02 $76,000 $ 80,361 Y Golf Course Fund Sale of Equipment 510-0000-392.11-00 $(8,087) Net Purchase after Sale of Equipment $72,274 COUNCIL ACTION: Approval to Purchase a Rough Mower for the Golf Course Section to Reinders, Inc. in the Amount of $80,361, Included in the FY 2024 Capital Equipment Budget and Authorization to Dispose of City Property to the Highest Bidders for a total sum of $8,087 9. Approval to Renew Agreement for Enterprise Resource Management System Software Maintenance STAFF CONTACT: Jim Shaw, Director of Innovation and Technology (847-810-3590) 9 Tuesday, January 17, 2023, City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests approval to renew a one (1) year agreement with Bellefeuil Szur & Associates (BS&A) software which includes maintenance services and licensing. BACKGROUND/DISCUSSION: BS&A has been providing The City of Lake Forest services for a financial and land parcel management system since initial implementation in 2019. This system is one of the largest software systems to support City operations. It encompasses payroll, purchasing, general ledger, budget, utility billing, online utility billing payments, accounts receivable, fixed assets, code enforcement, building permits, business licensing and land management planning and zoning. BUDGET/FISCAL IMPACT: Per the initial agreement executed on 01/16/2018, annual license fees may be increased according to the Consumer Price Index (CPI-U). The proposed renewal is 6% higher than the renewal costs in FY2022. This service of support can only be provided by BS&A. Has City staff obtained competitive pricing for proposed goods/services? No Administrative Directive 3-5, Section 6.1B – Sole Source FY2022 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N IT Operating 101-1315-415-43-37 $35,434 $36,976 Y COUNCIL ACTION: Approval to Renew Agreement for Enterprise Resource Management System Software Maintenance and Licensing 10. Approval of the Purchase of Replacement Computers for all City Departments, Not to Exceed the Amount of $104,441 STAFF CONTACT: Joseph Gabanski, Assistant IT Director (847-810-3591) PURPOSE AND ACTION REQUESTED: Staff requests approval to purchase 98 computers based on a 4-year replacement cycle which include workstations, laptops, and ruggedized computers. Previous fiscal years replacement cycle has been 5 years, however, to keep pace with increased demand in computer processing and to reduce productivity issues due to computer failure, IT is escalating the cycle by one year for the current fiscal year. Staff will be evaluating the benefit of the escalation to ensure increased end-user satisfaction and reduction in helpdesk requests, shifting some IT desktop support from reactive to proactive. BACKGROUND/DISCUSSION: The City has 52 desktop computers, 34 laptops with docking stations, 8 rugged laptops, 3 rugged tablets, and one hybrid laptop recommended for replacement in FY23. The oldest computer of this proposed replacement is 8 years old, with the average being 5 years old. All desktops and laptops are considered end of life (EOL) as they no longer have a warranty and are demonstrating reduced performance resulting in loss of productivity. The City’s current inventory of computers consists of 119 desktops, 97 laptops, 35 Hybrid Laptops, 4 rugged Laptops and 33 rugged tablets. 10 Tuesday, January 17, 2023, City Council Agenda The City standardized all desktops and laptops with Dell products 22 years ago. The standardizations help staff to efficiently deploy, troubleshoot, and maintain the systems. This year the staff received pricing from three vendors: Dell, CDW, and SHI. Dell provided a proposal based on the Midwestern Higher Education Compact Master Agreement MHEC- 04152022. 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. BUDGET/FISCAL IMPACT: Staff received the following pricing for this project: Vendor Total Amount Dell Direct $104,441 CDW $135,216 SHI $145,558 * *Vendor does not provide the docking stations that were included in the other two vendor proposals Has competitive pricing been obtained for proposed goods/services? Yes Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N IT Operating 101-1303-466.66-11 $110,105 $104,441 Y COUNCIL ACTION: Approval of the Purchase of Replacement Computers for all City Departments, Not to Exceed the Amount of $104,441 11. Approval to Waive City Bid Requirements and Purchase Audio-Visual Upgrades for City Training and Meeting Rooms in an amount not to exceed $42,365 with Modern Media STAFF CONTACT: Jim Shaw, Director of Innovation and Technology (847-810-3590) PURPOSE AND ACTION REQUESTED: Staff requests City Council grant a waiver of bid requirements and authorization to purchase Audio Visual Upgrades for the following rooms: Public Safety Training Room Fire Station #2 Training Room Municipal Services Training Room City Hall Chambers Meeting Room Recreation Center CROYA Meeting Room BACKGROUND/DISCUSSION: This authorization would allow for the upgrade and establishment of Audio-Visual Systems in numerous City rooms. With this upgrade rooms would be able to present locally, as well as utilizing Zoom and Teams Conferencing, including meeting with remote workers, vendors, and building-to-building meetings. Each of the rooms would provide an easy-to-use interface which would be consistent across all locations. The stated design 11 Tuesday, January 17, 2023, City Council Agenda was created with Modern Media who provides support for much of the City’s AV infrastructure. The design has been tested and utilized by staff over the last 60-days in the Municipal Services -Savanna conference room. Feedback has been very positive regarding functionality and ease of use. Modern Media is being recommended as the vendor due to their quality of workmanship and understanding of our environment. Modern Media has performed work for us at Dickinson Hall, the Recreation Center, and the Water Plant. They also come highly recommended by the Lake Forest School System being their primary vendor for AV and Security Camera systems. Modern Media is locally based out of Lake Bluff. BUDGET/FISCAL IMPACT: The proposed amount to complete this project is $42,365 which is within the stated budget. Has City staff obtained competitive pricing for proposed goods/services? No Waiver of Bid Procedures is recommended FY2023 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N IT Capital 311-1303-466.66-13 $48,000 $42,365 Y COUNCIL ACTION: Approval to Waive City Bid Requirements and Purchase Audio-Visual Upgrades for City Training and Meeting Rooms in an amount not to exceed $42,365 with Modern Media 12. Consideration of the First Amendment to the Purchase, Sale, and Development Agreement Relating to Phase III of the McKinley Development. (Motion) STAFF CONTACT: Kurt Asprooth, City Attorney PURPOSE AND ACTION REQUESTED: Approval of the First Amendment to the Purchase, Sale, and Development Agreement (“PSA”) with 361 Westminster LLC and 705 McKinley Development LLC (“Developers”) relating to Phase III of the McKinley development is requested to implement the required amendments previously agreed to by the City Council in the Settlement Agreement with the Developers. BACKGROUND AND DISCUSSION: On October 17, 2022, the City Council approved a Settlement Agreement between the City and the Developers that provided a process to resolve the prior litigation over the development of Phase III of the McKinley Development. The Settlement Agreement requires several amendments to the PSA in the event the Developers’ revised plans for Phase III of the McKinley development are fully approved by the City and the lawsuit is dismissed by the Developers. On December 5, 2022, the City Council approved the Developers’ revised plans for Phase III, thereby triggering the obligations in the Settlement Agreement to amend the PSA. The proposed First Amendment to the PSA revises the PSA in accordance with requirements of the Settlement Agreement. Key aspects of the Amendment include the following:  A reduction in the purchase price of the City Property from $500,000 to $250,000.  A $72,000 payment by the Developer to the City to satisfy affordable housing requirements. 12 Tuesday, January 17, 2023, City Council Agenda  Removal of the provisions requiring the Developer to improve and convey a parking area to the Library.  A requirement that the Developer bury the utility lines in the adjacent alley, with the City reimbursing the Developer for its costs up to a maximum of $250,000. Now that the revised plans for Phase III have been approved and the lawsuit has been dismissed (which happened on December 20, 2022), the Settlement Agreement obligates the approval of the Amendments to the PSA consistent with the revised plans for Phase III and the terms of the Settlement Agreement. The proposed First Amendment be found beginning on page 36. COUNCIL ACTION: Approval of the First Amendment to the Purchase, Sale, and Development Agreement Relating to Phase III of the McKinley Development 13. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND: 853 Oakwood Avenue – The Building Review Board considered a request for approval of a partial second floor addition, the addition of an open front porch, and related alterations to the residence. No public testimony was presented on this petition. The Zoning Board of Appeals also reviewed and recommended approval of this petition as detailed in the following agenda item. The Building Review Board recommended approval of this petition. (Board vote: 7-0, approved) Model Homes in The Preserve at Westleigh Subdivision - The Building Review Board considered a request for approval of designs for two model homes to be constructed in the nine lot subdivision located on the north side of Westleigh Road, west of Ridge Road. No public testimony was presented to the board. The Building Review Board recommended approval of these petitions. (Board vote: 6-0, approved) Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 44. The Ordinances, complete with all exhibits, are available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Building Review Board’s recommendations. 14. Consideration of Ordinance Approving a Recommendation 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 (810-3504) 13 Tuesday, January 17, 2023, City Council Agenda PURPOSE AND ACTION REQUESTED: The following recommendation from the Zoning Board of Appeals is presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND: 853 Oakwood Avenue – The Zoning Board of Appeals recommended approval of variances from the front and side yard setbacks to allow the addition of a partial second story and an open front porch to a single family residence. No public testimony was presented to the Board on this petition. The Building Review Board also reviewed this petition and recommended approval as detailed in the previous agenda item. (Board vote: 7-0, approved) The Ordinance approving the petition as recommended by the Zoning Board of Appeals, with key exhibits attached, is included in the Council packet beginning on page 72. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving the petition in accordance with the Zoning Board of Appeals’ recommendation. COUNCIL ACTION: Approval of the fourteen (14) omnibus items as presented. 6. OLD BUSINESS 1. Consideration of Actions Related to the Development of Twelve Senior Cottages on the Northwest Corner of Everett and Telegraph Roads:  Consideration of a Recommendation from the Plan Commission in Support of a Site Plan including a Setback Variance, and a Plat of Consolidation.  Consideration of a Recommendation from the Building Review Board in Support of the Design Aspects of the Cottages.  Consideration of a Resolution Declaring Property Surplus and Directing that All Necessary Steps be Undertaken to Transfer the Property to Community Partners for Affordable Housing (CPAH).  Consideration of a Request to Make the Previously Authorized Contribution to Support Development of the Senior Cottages. (Waive First Reading and Grant Final Approval of Ordinances, and by Motion, Approval of Plat, Resolution, and Contribution) Presented by: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED The Council is asked to consider various actions in support of the development of twelve Senior Cottages in partnership with Community Partners for Affordable Housing, the Lake Forest – Lake Bluff Senior Citizens’ Foundation, and others. Council action as detailed below, will allow CPAH to formally secure the funding from outside sources and move the project forward to groundbreaking later this year. 14 Tuesday, January 17, 2023, City Council Agenda BACKGROUND AND DISCUSSION Given the success of the original five Senior Cottages on Conway Road which were developed as a result of the initiative of former Alderman Tom Tropp and approved by the Council in 2001, constructing additional Senior Cottages to meet the housing needs of seniors has been a goal in the community. In July 2019, the City Council, by motion “authorized the contribution of up to $350,000 from the City’s Housing Trust Fund contingent on the participation of other partners, grants and project support from other sources” to support the development of additional Senior Cottages. At that time, the search for a workable location for additional Senior Cottages was ongoing. Through the extraordinary efforts of the Lake Forest – Lake Bluff Senior Citizens’ Foundation and CPAH, funding for the development is in place with the Foundation not only matching the City’s financial contribution, but also obtaining additional grants. Community Partners for Affordable Housing has lined up tax credits and grants to support the majority of the development. After exploration of the feasibility of various sites, the discussions focused on the City owned parcel located on the northwest corner of Everett and Telegraph Roads, a commercially zoned property that has long been identified as a potential site for housing. A cottage development specifically for senior citizens at this location minimizes density, building height, mix of uses, traffic volume, impacts on schools, and overall impacts on nearby residential neighborhoods that could result from a different type of development on the site. Importantly, a Senior Cottage development on this site provides easy access for the residents to grocery stores, restaurants, medical services, the train station, and a church. The additional Senior Cottages are located near the existing successful Senior Cottage development providing efficiencies for CPAH long term with respect to management and maintenance. In 2021, the City Council, by motion and based on a recommendation from the Housing Trust Fund Board, endorsed the concept of Senior Cottages on the City owned site at Everett and Telegraph Roads and directed development of plans and review through the appropriate Boards and Commissions. That work has been completed. The Plan Commission report which provides additional background information, is included in the Council packet beginning on page 97. Plan Commission Recommendation Over the course of two meetings, the Plan Commission considered the site plan for the Senior Cottages including the variance from the east property line, and the plat of consolidation. At the conclusion of the public hearing on February 9, 2022, the Plan Commission voted 6 to 0 to recommend approval of the overall site plan including a setback variance from the east property line along Telegraph Road to allow two of the cottages to encroach no more than five feet into the 20 foot setback, and approval of a plat of consolidation to define the exact limits of the development site, the property to be transferred to Community Partners for Affordable Housing. The Commission received one letter from a neighbor of the existing Senior Cottages stating that the cottages are a low impact use and voicing support for additional cottages. The Commission heard testimony from one neighbor noting that the pedestrian pathway is well used and should remain and noting concern about traffic volumes in the area. The Commission confirmed that the pedestrian pathway will remain and pointed out that senior housing will generate less traffic than other uses that could be developed on the site. The Ordinance authorizing the setback variance is included in the Council packet beginning on page 79. 15 Tuesday, January 17, 2023, City Council Agenda Building Review Board Recommendation On January 10, 2022, the Building Review Board conducted a public hearing to consider the design aspects of the Senior Cottages. No public testimony was presented to the Board. After discussion, the Board offered suggestions on refinements to limited design elements that should be considered during final design development and voted 5 to 0 to recommend approval of the Senior Cottages to the city Council. The Ordinance approving the design aspects of the development is included in the Council packet beginning on page 86 of the Council packet. Resolution Declaring Surplus Property Consistent with the City’s property disposition policy, a Resolution is presented to the Council for consideration declaring the property surplus and directing that the necessary steps be undertaken to affect the transfer of the property. On December 5, 2022, the Property and Public Lands Committee of the City Council reviewed the progress made to date on the Senior Cottages development and unanimously recommended that the City Council approve a Resolution declaring a portion of the City owned property on the northwest corner of Everett and Waukegan Roads as surplus for the purpose of supporting the Senior Cottage development. A copy of the resolution can be found on page 94. Prior to the donation of the land to CPAH, the final documents detailing the terms of the transfer, the Donation Agreement, will be presented to the Council for final action. BUDGET/FISCAL IMPACT Consistent with prior Council discussions and consistent with a motion approved by the City Council in July 2019 based on a recommendation from the City’s Housing Trust Fund Board, $350,000 in the City’s Housing Trust Fund is budgeted to support the Senior Cottages through a contribution to CPAH. At this time, in conjunction with the various other approvals requested, the Council is asked to approve a motion allowing the contribution to be made to CPAH upon the transfer of the property. FY 2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Housing Trust Fund $350,000 $350,000 Yes COUNCIL ACTION: If determined to be appropriate by the City Council: 1. By motion, accept the recommendation of the Plan Commission and approve the site plan and plat of consolidation. AND 2. If determined to be appropriate by the City Council, accept the recommendation of the Plan Commission and waive first reading and grant final approval of an ordinance approving a variance to allow one of the duplex buildings, two of the cottages, to encroach not more than five feet into the corner side yard setback along Telegraph Road. 16 Tuesday, January 17, 2023, City Council Agenda AND 3. If determined to be appropriate by the City Council, accept the recommendation of the Building Review Board and waive first reading and grant final approval of an ordinance approving the design aspects of the Senior Cottage development. AND 4. By motion, accept the recommendation of the Property and Public Lands Committee and approve a Resolution declaring the 2.23 acre parcel as reflected on the plat of consolidation to be surplus property and directing that all necessary steps be taken to affect the transfer. AND 5. By motion, approve payment in the previously approved amount of $350,000 from the City’s Housing Trust Fund to CPAH to support the development of 12 Senior Cottages upon the completion of the transfer of the property. 7. NEW BUSINESS 8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 1. EXECUTIVE SESSION pursuant to 5ILCS120/2(c), 1 The City Council will be discussing personnel Adjournment into Executive Session Reconvene into Regular Session 9. ADJOURNMENT A copy of the Decision Making Parameters is included beginning on page 19 of this packet. Office of the City Manager January 11, 2023 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Jason Wicha, at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 17 Tuesday, January 17, 2023, City Council Agenda 18 ^Qtu^^ C^'NA<WA£BT-<^ ^.Scie^^t^wS^'X. §.. ^..,,.e-..^ f-l&ff"^ THE CITY OF LAKE FOREST DECISION-MAKING PARAMETERS FOR CITY COUNCIL, AND APPOINTED BOARDS & COMMISSIONS Adopted June 18, 2018 The City of Lake Forest Mission Statement: "Be the best-managed, fiscally-responsible and appealing community and promote a community spirit of trust, respect and citizen involvement. " The Lake Forest City Council, with the advice and recommendations of its appointed advisory Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy formulation and approval. Implementation of adopted strategy, policy, budgets, and other directives of Council is the responsibility of City Staff, led by the City Manager and Senior Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should address matters in a timely, deliberate, objective and process-driven manner, making decisions guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes, policies and procedures, and the following parameters: . Motions and votes should comprise what is in the best long-term interests of all Lake Forest citizens, measured in decades, being mindful of proven precedents and new precedents that may be created. . All points of view should be listened to and considered in making decisions with the long-term benefit to Lake Forest's general public welfare being the highest priority. . Fundmg decisions should support effectiveness and economy in providing services and programs, while mindful of the number ofcidzens benefittmg from such expenditures. . New initiatives should be quantified, qualified, and evaluated for their long-tenn merit and overall fiscal unpact and other consequences to the community. . Decision makers should be proactive and timely in addressing sto-ategic planning initiatives, external forces not under control of the City, and other opportunities and challenges to the community. Community trust in, and support of, government is fostered by maintaining the integrity of these decision-making parameters. The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an annual basis and shall be included on all agendas of the City Council and Boards and Commissions. 19 ^o£IJA^.^(^ NAtWAfiET °^fv/scnsvm-^E^^gv.^b, .1.i-'6«^ ^t-/~ . . 1-3%SSsS^.^l?^:^'!^®^V^'^'^^ ////WHEREAS, on behalf of The City of Lake Forest, the City Council expresses its profoundsadness at the loss of Milburn David Cain Sr. at the age of 86 on December 14, 2022; andWHEREAS, David served as Second Ward Alderman from 1986-1991 and in that role,dedicated time, energy, and passion to serving his constituents and the entire Lake Forest community;andWHEREAS, David Cain, leaves a lasting legacy in our community and will long beremembered for his commitment and contributions to Lake Forest and more importantly, as afriend.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Forest insession on, January 17, 2023, hereby expresses its deep regret and sincere sympathy to themembers of the Cain Family.BE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyedto the Cain Family, with a copy to be included in the official minutes of the January 17, 2023,meeting of the Lake Forest City Council.George A. Pandaleon, Mayor20 ^°1:^.^'V^WAEET ^Cy7-SCIEtitIAe AMOV- 't02?k ^'^ "~ vs\tftl^^way^y^^ / / //^^ /// /WHEREAS, CRISPIN P. ABEL has been a dedicated employee of The City of Lake Forest sinceMarch 15,1988; andWHEREAS, CRISPIN P. ABEL began his career in The City of Lake Forest as a MaintenanceWorker II; andWHEREAS, CRISPIN P. ABEL has used his 35 years of experience and knowledge in the waterand sewer fields to educate and train his co-workers; andWHEREAS, CRISPIN P. ABEL has been relied upon for all facets of the Department and has beenLead Operator for water metering and utility locating; andWHEREAS, CRISPIN P. ABEL has been a mainline driver for snow operations, and has onnumerous occasions assisted in other areas when called upon; andWHEREAS, CRISPIN P. ABEL has been a dependable and dedicated employee, who took pride inthe services he provided; andWHEREAS, CRISPIN P. ABEL honorably retired from the City on December 16, 2022;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST thatthe Council, on behalf of the administration and residents of the community, hereby expresses itsappreciation and gratitude to CRISPIN P. ABEL for a public service faithfully performed; andBE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyed toCRISPIN, with a copy to be included in the official minutes of the January 17, 2023, meeting of the LakeForest City Council.George A. Pandaleon, Mayor21 ^^^^ Nf^WRAB ET %,A^'-SCIEI'T^SAMO?- '*?1te*». , ~"-- u^'^^^^@aJg?^l*-<y^^^ // /// ^<- / /WHEREAS, CHARLES R. FRANCO has been a dedicated employee of The City of Lake Forestsince July 30, 2001; andWHEREAS, CHARLES R. FRANCO began his career with the City as a Seasonal MaintenanceWorker and within a few months, was promoted to Maintenance Worker II/ andWHEREAS, CHARLES R. FRANCO was instrumental in the training and mentoring of his peersover the 21 years of service he provided to the City; andWHEREAS, CHARLES R. FRANCO has been a true professional who served the families withgreat dignity and compassion; andWHEREAS, CHARLES R. FRANCO was a reliable and devoted employee, who took great prideand care in the services he provided to the residents during some of the most difficult times of theirlives; andWHEREAS, CHARLES R. FRANCO was a friend to all those who visited the cemetery and leaves alasting legacy to the families, visitors, vendors, and friends of the Lake Forest Cemetery; andWHEREAS, CHARLES R. FRANCO honorably retired from the City on December 16, 2022;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST thatthe Council, on behalf of the administration and residents of the community, hereby expresses itsappreciation and gratitude to CHARLES R. FRANCO for a public service faithfully performed; andBE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyed toCHARLIE with a copy to be included in the official minutes of the January 17, 2023, meeting of the LakeForest City Council.George A. Pandaleon, Mayor22 The City of Lake Forest Native Voices Proclamation WHEREAS, the area of and surrounding Lake Forest played a significant historical role in trade between Native American tribes up until the late eighteenth century; and WHEREAS, the Potawatomi were the last of many Native American tribes to inhabit our local area; and WHEREAS, Green Bay Road, Milwaukee Avenue, and other area roads are built on what were originally Potawatomi paths; and WHEREAS, the City of Lake Forest recognizes and respects the culture and contributions to our community of Native Americans past and present; and WHEREAS, we express our appreciation for Native American tribes dating back thousands of years before us for protecting and caring for our local land; and WHEREAS, the Lake Forest community is uniquely situated on the shores of Lake Michigan; connecting us directly to land and water, and calling upon us as modern-day stewards of these invaluable natural resources; and WHEREAS, in recognition of our community’s deep-rooted connection to Native American culture and our important role as a current-day conservation community, the Lake Forest Open Lands Association and the History Center of Lake Forest-Lake Bluff are proudly partnering to produce a year-long series of programming called Native Voices: A Lake Forest Celebration of Native American Life, Past and Present; and WHEREAS, the year-long Native Voices project will offer events, lectures, and films throughout Lake Forest, showcasing our history and the vibrancy of the Native American culture; and WHEREAS, we offer appreciation to the Mitchell Museum of the American Indian and the Trickster Cultural Center for their collaboration in selecting the individuals featured in Native Voices programming; and WHEREAS, the City of Lake Forest offers its deep gratitude to Native American tribes who came before us for their steadfast stewardship of the land we now call home. NOW, THEREFORE, I George Pandaleon, Mayor of The City of Lake Forest on behalf of the City of Lake Forest acknowledges the Native Voices initiative as a welcome year-long Celebration of Native American Life, Past and Present, and sincerely thank all who have been involved in its organization and planning. IN WITNESS HEREOF, I have hereunder set my hand and have had the Seal of The City of Lake Forest affixed this 17th day of January 2023. ___________________________ George A. Pandaleon, Mayor 23 The City of Lake Forest CITY COUNCIL MEETING Proceedings of the Monday, December 5, 2022 City Council Meeting - City Council Chambers 220 E Deerpath, Lake Forest, IL 60045 CALL TO ORDER AND ROLL CALL Mayor Pandaleon called the meeting to order at 6:33p.m, and City Clerk Margaret Boyer called the roll of Council members. Present: Alderman Morris, Alderman Novit, Alderman Rummel, Alderman Notz, Alderman Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber. Absent: none CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE was recited. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Pandaleon, on behalf of the City Council, expressed its sympathy to the family of Ellen Stirling, noting a service is planned for Spring of 2023. He then reminded all of the Saturday Market, to be held at the West Side train station on December 10 and 17 from 10:30am to 2:30pm. Mayor Pandaleon then reported that the CBD Community Workshop will be held on December 8 at the Gorton Community Center from 4:30pm-7:30pm. He announced the winner of the winter Dialogue contest, Gerrie Ward, who answered all of the Lake Forest gateways correctly. A. Gorton Community Center 2023 Budget Presentation Mayor Pandaleon introduced Jack Westerman, Gorton Community Center Board Chair, Nick Bothfield, Finance Chair, and Amy Wagliardo, Executive Director, to give a presentation on the Gorton Community Center 2023 Budget, summarizing the pandemic exit challenges, a five-year financial forecast, and outlining future plans and acknowledging budget assumptions based on special programming and changes in the vision statement, in addition to planning Gorton’s 50th Anniversary in 2024. The City Council had discussion on the big successes Gorton Community Center had previous and post COVID- 19 and wished them the best in 2023. COUNCIL ACTION: Approval of Gorton Community Center 2023 Budget Alderman Morris made a motion to approve the Gorton Community Center 2023 Budget, seconded by Alderman Buschmann. The following voted “Aye”: Alderman Morris, Novit, Rummel, Notz, Preschlack, Goshgarian, Buschmann, and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. COMMENTS BY CITY MANAGER 24 Proceedings of the Monday, December 5, 2022 City Council Meeting City Manager Jason Wicha reported that joining us are Matt Ueltzen and Brett Peto of the Lake County Forest Preserves. Matt is the Manager of Restoration Ecology and leads habitat restorations projects throughout the county, including invasive species management, prescribed burning, and reforestation. Brett is the Environmental Communications Specialist. He creates print and digital communications on environmental topics and projects happening in the Forest Preserves, including writing for the district’s free quarterly magazine, Horizons. Together, Matt and Brett co-lead the Buckthorn Eradication Campaign in Lake County and the pilot project surrounding Middlefork Savanna Forest Preserve, here in Lake Forest. A. Community Spotlight Lake County Forest Preserves - Matthew Ueltzen, Manager of Restoration Ecology and - Brett Peto, Environmental Communications Specialist Matthew Ueltzen and Brett Peto outlined success within Lake County Forest Preserves with the pilot program, which began in 2015, emphasizing the launch of a public campaign focused on news stories ad website development. Moreover, the two individuals acknowledged federal funding opportunities to help spread awareness for Forest Preserves and current winter clearing efforts. City Manager Wicha and the City Council thanked the Lake County Forest Preserves for the work they continue to do for the community and Lake County as a whole. City Manager Jason Wicha noted that the City of Lake Forest is always seeking grant funding. He then introduced Dan Martin, Superintendent of Public Works, to give a presentation on the FY 2022 equipment purchases, noting delivery delays. B. FY 22 Equipment Purchases - Dan Martin, Superintendent of Public Works Dan Martin gave a brief high-level overview of the equipment purchases during FY 2022, combined with information of prices and capital budget relevance, with a consideration in 2023 of looking into a testing period for electric vehicles. COMMITTEE REPORTS A. Finance Committee 1. Consideration of an Ordinance Establishing the 2022 Tax Levy (Final Reading) Mayor Pandaleon then introduced Elizabeth Holleb, Finance Director, to discuss the 2022 Tax Levy. Ms. Holleb reported this item has been seen five meetings in 3 months. She highlighted how the impact of the levy, based on Lake County EAV, promotes new growth revenue, and will incorporate 22% of the City’s total tax bill. 25 Proceedings of the Monday, December 5, 2022 City Council Meeting Mayor Pandaleon asked the City Council if there is any comment. Seeing none, he asked for a motion. COUNCIL ACTION: Final approval of an Ordinance Establishing the 2022 Tax Levy. Alderman Weber made a motion to approve an Ordinance Establishing the 2022 Tax Levy, seconded by Alderman Notz. The following voted “Aye”: Alderman Morris, Novit, Rummel, Notz, Preschlack, Goshgarian, Buschmann, and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of November 21, 2022, City Council Meeting Minutes 2. Approval of the Check Register for the Period of October 29 – November 23, 2022 3. Approval of Ordinances Abating 2022 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Final Reading) 4. Grant final approval of an Ordinance approving a Fee Schedule and Ordinance Adopting a New Fee (Final Reading) 5. Approval to Extend the City’s Grant Services Agreement with The Ferguson Group for Grant Research/Writing Services for 2023. 6. Request to Approve the Purchase of a Replacement Ambulance by ARV Inc., Not to Exceed Amount of $323,076. 7. Approval for the purchase and installation of a Stryker Power-Load System and Power-Pro2 Cot in an amount not to exceed $47,342.84. 8. Award of Additional Phase I Design Engineering Services for the Route 60 Bike Path Project to Gewalt Hamilton & Associates in the Amount of $33,700. 9. Award of Proposal to Midwest Power Institute, Inc. for a Three-Year Generator Maintenance Contract in the amount of $77,975. 10. Approval to Purchase Three Replacement Police Vehicles Included in the FY2024 Capital Equipment Budget to Morrow Brothers Ford, in the Amount of $126,000. 26 Proceedings of the Monday, December 5, 2022 City Council Meeting 11. Approval to Purchase the Replacement of Two Rear-Load Refuse Trucks Included in the FY2024 Capital Equipment Budget, to the Sourcewell Low Bidders, Truck Center Companies (chassis) in the Amount of $400,372 and McNeilus Truck Manufacturing (body) in the Amount of $269,628. 12. Staff requests authorization to dispose of City property to the highest bidder, James Gluth, for the sale of the 2009 Chevrolet Tahoe Truck as noted above. Proceeds of the sale will be deposited into the Capital Fund. 13. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading, an if Desired by the City Council, Final Approval). COUNCIL ACTION: Approval of the thirteen (13) omnibus items as presented. Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately. Alderman Goshgarian recognized City Staff’s work on Item #8. Mayor Pandaleon then stated that this year and next year the City will receive 28 million dollars in grant infrastructure spending. Seeing no further discussion, Mayor Pandaleon asked the City Council for a motion. Alderman Rummel made a to approve the thirteen (13) Omnibus items as presented, seconded by Alderman Preschlack. The following voted “Aye”: Alderman Morris, Novit, Rummel, Notz, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. OLD BUSINESS Mayor Pandaleon stated prior to discussion, that there is an understanding of the emotion and passion residents have for finding a solution while also acknowledging that the conduct of the City Council meeting must remain civil and respectful. He also outlined the process that Council will follow while hearing this item, noting he will be coupling both items for a vote. Mayor Pandaleon introduced Czerniak, Director of Community Development. 1. Consideration of a Recommendation from the Plan Commission in Support of Amendments to the Previously Approved Special Use Permit for the Third Phase of the McKinley Road Planned Multi-Family Development (Ordinance). Ms. Czerniak gave an overview of the Plan Commission’s recommendation. She outlined the Plan Commission meeting of November 9, which modified the original plan, increasing the number of buildings in the Phase three parcel to two (2), reducing size and footprint of the Condominium building, and increases in square footage and lot coverage. Private road configuration and landscaping/architectural design will remain the same. She also outlined the options for the City Council; either accepting or rejecting the Plan Commission’s Recommendation of an Ordinance approval. The City Council had discussion on procedure issues related to the HPC 27 Proceedings of the Monday, December 5, 2022 City Council Meeting Mayor Pandaleon then introduced Robert T. O’Donnell, Attorney for 361 Westminster LLC (Appellant). 2. Consideration of an Appeal of a Decision of the Historic Preservation Commission to Deny a Certificate of Appropriateness for the Two Buildings that Comprise the Third Phase of the McKinley Road Multi-Family Planned Development. Robert O’Donnell highlighted a recommendation to the Council to reverse the November 16 HPC decision to deny a certificate of appropriateness. This was because of, not only a satisfaction of the 17 standards outlined by the HPC in the application, but also an exercise of power, in a broad perspective, set forth in City code. Settlement agreement thus allows for the modified plan to be implemented, ending litigation. City Council then had lengthy discussion with City Staff regarding the specifics on the conditions and overall precedent of an approval or denial of the above consideration. The City Council also had discussion on the City code, city staff designee, written finding and the seventeen standards. A discussion with Mr. O’Donnell ensued. City staff and the Council had discussion on the modified plan and the settlement agreement, noting that it included that both the Plan Commission and the HPC were to hold meetings. The City Council went on to discuss concerns about setting a precedent, it was noted that the library was included in and present at each meeting. Additionally, the Council discussed green space and ethics. An objection to discussion of ethics was voiced, the City Attorney Julie Tappendorf added that this has never been a disqualifying conflict of interest in relation to this item. City Council then went into a break until 8:50p.m. City Council reconvened at 8:50p.m., with the Council discussion of conditions City Staff recommended to the HPC, as well as additional conditions that were agreed upon by the Appellant. Catherine Czerniak noted expansions of construction activity and possible color/technical standards and exterior lighting. After stating public comment guidelines, Mayor Pandaleon offered time for anyone from the public who would like to make a comment. Laura Luce offered her opinion to the City Council to uphold the HPC’s recommendation, noting harm in the quality of life and visual character of Lake Forest. Bridget O’Keefe, in the absence of Jim and Sally Downey, offered her opinion to the City Council regarding a danger of precedent with a zoning border, health and safety welfare, and a lack of upholding the 17 standards. Jamie Robinson, representing Jeff and Laura Torosian and Maggie Coleman, offered her opinion to the City Council to deny the appeal of the HPC due to a lack of enforcing ordinances. Susan Athenson, representing the Lake Forest Preservation Foundation, offered her opinion to the City Council, summarizing the letter that was sent in from the HPC to uphold their decision. Tim Downey offered his opinion to the City Council, stating that building design should not be changed, and the alternate plan will fit in the HPC’s standards. Reed Daily offered his opinion to the City Council, noting his thoughts that the balconies will go into his property, therefore lowering house value and overall legacy in Lake Forest. Susan Daily offered her opinion to the City Council, suggesting to table the discussion until after outside legal consideration. Rommy Lopat offered her opinion to the City Council, stating that the 2017 Master Plan mentioned a land swap of two parcels included in decision, were established as open-space, prompting a want for the City Council to uphold the HPC’s recommendation. 28 Proceedings of the Monday, December 5, 2022 City Council Meeting Kari Johnston asked the City Council how close they each lived to the McKinley development, stating a lack of knowledge into the issues. Regina Lind offered her opinion to the City Council, stating a wedge between the City and the neighbors. Mayor Pandaleon asked if any other member of the public wants to address the City Council. Seeing none, Mayor Pandaleon then asked City Council members for final comment. Alderman Morris stated that although he lives near the development of these items, he is not obligated to abstain from the vote. Alderman Buschmann acknowledged the differences in zoning and adjacent property factors, which as stated, needs further reports from the HPC specifying what standards were not met. Regarding the Plan Commission, Alderman Buschmann suggested that the Council not vote on the easy way out, but to vote on what’s right. Alderman Novit appreciates the hard work from City commissions and City staff, stating a concern for precedence. She says the City owes it to residents to not loosely sit, but to help the library while they need it. Alderman Morris, Preschlack, Notz and Weber stated their thanks for the hard work in these items, all noting the necessity for the City to move forward, with Alderman Rummel questioning whether modifications to the development would improve the character and visual of the overall project. Robert O’Donnell stated the developer will not be considering any additional conditions. Mayor Pandaleon finalized discussion by stating the City will not be open to negotiations regarding this issue again. Mayor Pandaleon asked for a motion. COUNCIL ACTION: Accept the Plan Commission’s findings and recommendation and approve an Ordinance approving amendments to the Special Use Permit for a Planned Development incorporating the modified site plan, planned development plat and setback and lot coverage variances, with an added condition, giving no certificate of occupancy for the condo until construction of the single-family home is underway. (If desired by the Council waive first reading or the Ordinance and grant final approval). Alderman Preschlack made a motion to accept the Plan Commission’s findings and recommendation and approve an Ordinance approving amendments to the Special Use Permit for a Planned Development incorporating the modified site plan, planned development plat and setback and lot coverage variances, with an added condition, giving no certificate of occupancy for the condo until construction of the single-family home is underway, seconded by Alderman Notz. The following voted “Aye”: Alderman Rummel, Notz, Preschlack, Goshgarian, Weber, and Morris. The following voted “Nay”: Alderman Novit and Buschmann. 6- Ayes, 2-Nays, motion carried. Mayor Pandaleon then asked for a motion. COUNCIL ACTION: Grant the appeal and overturn the Historic Preservation Commission’s decision subject to the conditions as recommended in the staff report that was presented to the Commission, which address various issues including, but not limited to, exterior lighting, landscaping along the east property line, screening of roof top mechanicals and patios, and limitations and management of construction hours and activity, and adopting the findings contained in the staff report presented to the Commission and those made by the City Council during its discussions and deliberations at the meeting, and including the following additional conditions as suggested by members of the Commission. a. Replace window in the gable end of garage with a vent. b. Study details and proportions of the dormers on the front and rear elevations of the home and make refinements as determined to be necessary to reflect the Colonial Revival style more accurately. c. Replace the proposed standing seam metal roof with wood shingles if the pitch is determined to be workable. 29 Proceedings of the Monday, December 5, 2022 City Council Meeting d. Show the side of the dormer on the east elevation to accurately reflect the proposed conditions. e. Use a subtler color on the chimney to minimize its prominence and review the technical requirements for the height of the chimney and if permitted, lower the chimney. Alderman Preschlack made a motion to Grant the appeal and overturn the Historic Preservation Commission’s decision subject to the conditions as recommended in the staff report that was presented to the Commission, which address various issues including, but not limited to, exterior lighting, landscaping along the east property line, screening of roof top mechanicals and patios, and limitations and management of construction hours and activity, and adopting the findings contained in the staff report presented to the Commission and those made by the City Council during its discussions and deliberations at the meeting, and including the following additional conditions as suggested by members of the Commission, Replace window in the gable end of garage with a vent, Study details and proportions of the dormers on the front and rear elevations of the home and make refinements as determined to be necessary to reflect the Colonial Revival style more accurately, Replace the proposed standing seam metal roof with wood shingles if the pitch is determined to be workable, Show the side of the dormer on the east elevation to accurately reflect the proposed conditions, Use a subtler color on the chimney to minimize its prominence and review the technical requirements for the height of the chimney and if permitted, lower the chimney, seconded by Alderman Goshgarian. The following “Aye”: Alderman Rummel, Notz, Preschlack, Goshgarian, Weber, and Morris. The following voted “Nay”: Alderman Novit and Buschmann. 6-Ayes, 2-Nays, motion carried. NEW BUSINESS ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS Mayor Pandaleon asked the Council if they have any additional items. Seeing none, he wished all fellow Council, staff, and residents a wonderful Holiday season! ADJOURNMENT There being no further business Mayor Pandaleon asked for a motion. Alderman Weber made a motion to adjourn, seconded by Alderman Novit. Motion carried unanimously by voice vote at 10:18 p.m. Respectfully Submitted, Margaret Boyer, City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 30 31 THE CITY OF LAKE FOREST ORDINANCE NO. 2022-____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE REGARDING THE CLASS C-1AND C-3 LIQUOR LICENSES Adopted by the City Council of the City of Lake Forest this day of 2022 Published in pamphlet form by direction and authority of The City of Lake Forest Lake County, Illinois this day of 2022 32 THE CITY OF LAKE FOREST ORDINANCE NO. 2022 -_____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE REGARDING THE CLASS C-1AND C-3 LIQUOR LICENSES WHEREAS, the City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, the City has adopted certain alcoholic beverage regulations designed to protect the health, safety and welfare, which regulations are codified in Chapter 111 of the City Code of Lake Forest, 2013 (“Liquor Code”); WHEREAS, pursuant to Section 111.037(B) of the Liquor Code, without further action of the City Council, the maximum number of licenses in any class shall automatically be reduced upon the expiration, revocation or non-renewal of an existing license in any such license class; and WHEREAS, the C-1 and C-3 licenses issued to a local entity for a restaurant operation recently expired; and WHEREAS, pursuant to Section 111.073(B) of the Liquor Code, the maximum number of C-1 and C-3 licenses was automatically reduced without action of the City Council; and WHEREAS, The City of Lake Forest desires to amend its Liquor Code to increase the number of liquor licenses in the C-1and C-3 categories to accommodate applications filed by a the local entity for a a new restaurant operation after the entity’s current liquor licenses expired pursuant to the Liquor Code; and NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lake Forest, County of Lake, and State of Illinois, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. 33 SECTION TWO: Amendment to Section 111.037. Section 111.037 of the City Code, entitled “Number of Licenses,” is amended as follows (deletions in strikethrough and additions in bold and underline): “§111.037 NUMBER OF LICENSES. (A) The number of liquor licenses issued by the city shall be limited as follows: Class Maximum Number of Licenses Authorized A-1 8 A-2 6 A-3 No more than the total number of Class A-1 licenses issued by the city B-1 1 C-1 12 13 C-2 11 C-3 18 19 D-1 5 E-1 2 F-2 As many as determined reasonable by the Commissioner F-3 As many as determined reasonable by the Commissioner F-4 As many as determined reasonable by the Commissioner F-5 1 F-6 3 G-1 3 G-2 2 I-1 No more than the total number of Class B-1, C-1, C-2, C-3, D-1, E-1 and F-1 licenses issued by the city I-3 As many as determined reasonable by the Commissioner J 1 K 1 (B) Without further action of the City Council, the maximum number of licenses in any class shall be automatically reduced by one upon the expiration, revocation or non-renewal of an existing license in any such license class.” SECTION FIVE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. 34 Passed this ____ day of _________________________, 2022. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2022. _____________________________ Mayor ATTEST: _______________________________ City Clerk 35 1 FIRST AMENDMENT TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT (“Amendment”) to the Purchase, Sale, and Development Agreement (“PSA”), dated October 29, 2018, is made and entered into by 361 Westminster LLC, an Illinois limited liability company (“361 Owner”), 705 McKinley Development, LLC, an Illinois limited liability company (“705 Owner”), on the one hand, and the City of Lake Forest, an Illinois home rule and special charter municipal corporation (“City”) on the other hand. Capitalized terms used herein but not defined shall have the meanings as set forth in the PSA. W I T N E S S E T H: WHEREAS, the 361 Owner and the 705 Owner (collectively referred to as the “Developer”) previously entered into the PSA with the City for the purchase, sale, and redevelopment of the property commonly known as 361 E. Westminster Avenue, Lake Forest, Illinois (“361 Property”), and the redevelopment of several adjacent parcels to the 361 Property; and WHEREAS, the Developer and City entered into a Settlement Agreement on October 19, 2022, to resolve litigation regarding the development of Phase III, as it is referred to in the PSA; and WHEREAS, pursuant to the Settlement Agreement, the Developer submitted revised development and design plans for Phase III, which plans were considered by the City’s Plan Commission and Historic Preservation Commission, and ultimately approved by the City Council on December 5, 2022 (“Revised Phase III Plan”); and WHEREAS, the City and the Developer desire to amend the PSA as required by the Settlement Agreement in order to implement the Revised Phase III Plan, as more fully set forth in this Amendment. NOW, THEREFORE, for and in consideration of the covenants, agreements and obligations of the respective parties and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Developer agree to amend the PSA as follows: Section 1. Amendment to Part I, Section 1.E. Part I, Section I.E is hereby deleted in its entirety. Section 2. Amendment to Part I, Section 3. Section 3, entitled “Notices,” is hereby amended, in pertinent part, to modify the notice provision for the City to hereafter read as follows: “City: The City of Lake Forest 220 East Deerpath Lake Forest, Illinois 60045 Attention: Jason Wicha, City Manager Facsimile 847-615-4289 Email: jwicha@cityoflakeforest.com 36 2 With a copy to: Ancel Glink, PC 140 S. Dearborn Street, Ste 600 Chicago, Illinois 60603 Facsimile: 312-782-0943 Email: jtappendorf@ancelglink.com” Section 3. Amendment to Part II, Section 3. Part II, Section 3 of the PSA is hereby amended as follows (deletions in strikethrough, and additions in underline): “SECTION 3. PURCHASE PRICE. The purchase price for the 361 Property to be paid by the 361 Owner to City, subject to the terms and conditions of this Agreement is $500,000.00, $250,000.00, plus or minus prorations (the “Purchase Price”), at Closing (as herein defined). Additional considerations for the 361 Property are incorporated into the terms of this Agreement.” Section 4. Amendment to Part II, Section 5(A). Part II, Section 5(A) of the PSA is hereby amended, in pertinent part, as follows (deletions in strikethrough, and additions in underline): “A. Closing. The closing of the transaction contemplated in this Agreement (“Closing”) shall take place through a deed and money escrow at the Lake Bluff, Illinois office of the Title Company (or such other office of the Title Company as the Parties mutually agree). The Closing shall occur on or before February 17, 2023, or on such date that is mutually agreeable to the Developer and the City Manager days next following (i) 361 Owner and Developer’s completion and acceptance of due diligence and survey and title examinations under Sections 7 and 8 of Part II of this Agreement, and (ii) the date that the Developer’s Preliminary Development Plan (as further described in Part III, Section 3 of this Agreement) has been approved by the City and all of its requisite regulatory agencies (the “Closing Date”). In the event City shall fail to close the transaction contemplated herein by the Closing Date and 361 Owner is not otherwise in default under any provision of this Agreement, Developer shall have the right either: * * *” Section 5. Amendment to Part II, Section 9. Part II, Section 9 of the PSA is hereby amended as follows (deletions in strikethrough, and additions in underline): “SECTION 9. TITLE POLICY. As a condition to 361 Owner’s obligation to close, the City shall deliver or cause to be delivered to 361 Owner at the Closing Date a current ALTA Form Owner’s Title Policy issued by the Title Company in the amount of $250,000.00 37 3 $500,000.00 for the 361 Property (subject only to the Permitted Exceptions) with the extended coverage over the general exceptions (“Title Policy”). The reasonable cost and expense of the Title Policy shall be paid by the Developer.” Section 6. Amendment to Part III, Section 2 (B). Part III, Section 2(B) of the PSA is hereby deleted in its entirety and replaced with the following: “B. Intentionally Blank.” Section 7. Amendment to Part III, Section 3(A). Part III, Section 3(A) of the PSA is hereby amended as follows (deletions in strikethrough, and additions in underline): “A. In General. Developer will apply for approval of a Multi-Family Planned Development (the “Development) that will encompass the Building 1 Parcel (as a previously developed phase of such Development) and the McKinley Parcels, which Development shall implement the concepts and general elements of the Master Plan. The City Acknowledges that the preliminary plans for the Development (the “Preliminary PUD Plans) will vary from the Master Plan to incorporate the entirety of the 361 Property. The Parties anticipate that the Development will include not more than four separately developed and separately owned multi-family condominium buildings as part of the Development (including Building 1), which buildings shall be in similar scale, materials, and design to Building 1, except as limited in Part III, Section 4 or as may otherwise be approved by the City. The Development is expected to be developed in at least three phases: (i) Phase 1, being the completed Building 1; (ii) Phase II, which will be the redevelopment of the 711 Parcel (which redevelopment may be identified as 705 North McKinley) and will contain not more than six dwelling units; and (iii) Phase III, which will be the redevelopment of the 361 Parcel with not more than two buildings (the northerly of which shall include not more than six units), not more than 14 dwelling units, and developed in not more than two phases. The Development shall include a sufficient number of affordable units to satisfy the City’s Inclusionary Housing Regulations under Chapter 158 of the City Code. The Developer will satisfy the City’s Inclusionary Housing Requirements for Phase III as provided for in Part III, Section 4(C) of this Agreement.” Section 8. Amendment to Part III, Section 3(B). Part III, Section 3(B) of the PSA is hereby amended, in pertinent part, as follows (deletions in strikethrough, and additions in underline): “B. Initial PUD Application. Developer is required to deliver to the City a completed application and other required submittals to the Development within 30 days after the Execution Date (the “PUD Application”). The PUD Application shall seek preliminary planned development approval of the Development (the “Preliminary Development Plan”), which shall indicate final planned development approval of Building I and may contemporaneously include final planned development approval of Phase II, Phase II, or both Phases II and III of the Development. The Preliminary Development Plan shall identify (including legal 38 4 descriptions therefor) the Parking Area and Open Space Area. Following Receipt of the PUD Application, the City shall diligently pursue its review of the PUD Application, including the conduct of the public hearing required under the Lake Forest Zoning Code. * * *” Section 9. Amendment to Part III, Section 4(B)iii. Part III, Section 4(B)iii of the PSA is hereby deleted in its entirety and replaced with the following: “iii. Open Space Area. Developer of the Associations shall improve, own, and maintain the open space areas as shown on the final approved PUD Plans for Phase III.” Section 10. Amendment to Part III, Section 4(C). Part III, Section 4(C) of the PSA is hereby amended as follows (deletions in strikethrough, and additions in underline): “C. Affordable Units. The Development (including Building I) shall include a sufficient number of affordable units to satisfy the City’s Inclusionary Housing regulations under Chapter 158 of the City Code. As part of such compliance, and Developer shall require the Covenants on its respective parcel to include appropriate provisions (as approved by the City Manager in consultation with the City’s attorney) to ensure long-term compliance with the requirements of the Inclusionary Housing Ordinance. The number of affordable units for each respective portion of the Development shall be established as part of the Preliminary Development Plan. Notwithstanding anything herein to the contrary, the Developer will satisfy the City’s Inclusionary Housing requirements for Phase III of the Development by making a cash payment in lieu of providing the required number of affordable units within Phase III of the Development in the amount of $72,000.00 to deposited into the City’s Affordable Housing Trust Fund.” Section 11. Amendment to Part III, Section 4(G). Part III, Section 4(G) of the PSA is hereby deleted in its entirety. Section 12. Amendment to Part III, Section 4. Part III, Section 4 of the PSA is hereby amended by adding a new Subsection G as follows: “G. Burying of Utility Lines. The Developer agrees to fully bury and underground the existing utility lines in the Alley and remove the utility poles, as more fully depicted on Exhibit D attached hereto. The City will reimburse the Developer for its actual costs incurred in burying the utility lines up to a maximum amount of $250,000.00. The City and the Developer agree to take all necessary steps to obtain any required approvals for the burying of the utility lines in the Alley.” 39 5 Section 13. Full Force and Effect. Except as otherwise specifically modified by this Amendment, all other provisions of the PSA shall remain in full force and effect. To the extent there is any conflict between the terms of this Amendment and the terms of the PSA, the terms of this Amendment will prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the dates written below: Signatures on following page 40 6 CITY OF LAKE FOREST _____________________________ Date:__________________ Mayor George Pandaleon _____________________________ Margaret Boyer, City Clerk 361 WESTMINSTER, LLC BY: _____________________________ Date:__________________ ITS: _____________________________ 705 N. MCKINLEY DEVELOPMENT, LLC BY: _____________________________ Date:__________________ ITS: _____________________________ 41 7 EXHIBIT D TO THE PSA Utility Lines To Be Buried 42 FF: 691.02Shed 2-Story Frame Residence#385 E Westminster FF: 695.80 X224.01 rec.)T 847.295.5200 F 847.295.7081 www.bleckeng.com Bleck Engineering Company, Inc. 1375 North Western Avenue Lake Forest, Illinois 60045 LOT 1 MASONIC SUBDIVISION DOC. 2190418 REC. 12/20/1982 MASONIC SUBDIVISION DOC. 2190418 REC. 12/20/1982 LOT 2 Scale 1" = 20' 0' 10' 20'40' Project No. Drawn By Checked By PROFESSIONAL SEAL ISSUED DATE ISSUED FOR Drawing Name Drawing No. "To the best of our knowledge and belief, the drainage of the surface waters will not be changed by the construction of this project or any part thereof, or that if such surface waters drainage will be changed, reasonable provisions have been made for the collection and diversion of such surface waters into public areas or drains which the developer has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of the damage to the adjoining property because of the construction of the project." BENCHMARK: NE BOLT ON FIRE HYDRANT EAST ROW MCKINLEY ROAD AT #721 ENTRANCE ELEVATION = 699.50 1000 N. WESTERN AVE LAKE FOREST, IL 60045 MCKINLEY PARTNERS, LLC BCF MGB 715 McKINLEY RD PHASE 3 CONDO LAKE FOREST, IL 70-948 ST MH RIM 690.07 36" E INV 678.18 36" W INV 679.28 12" S INV 686.93 723/727 705 C3 EXISTING CONDITIONS Michael G. Bleck, PE License No. 062.046893 Expires 11/30/21 1 06.10.2021 09.16.2020 PERMIT 06.10.2021 LF REV 11 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 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102