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CITY COUNCIL 2013/07/15 MinutesThe City of Lake Forest CITY COUNCIL Proceedings of the July 15, 2013 Regular Meeting 7:30 p.m. – City Hall Council Chambers CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 7:30p.m. Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Pandaleon, Alderman Moore, Alderman Tack, Alderman Reisenberg, Alderman Palmer, Alderman Adelman. Absent: Alderman Pandaleon There were approximately 70+ present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS Comments by Mayor Mayor Schoenheider addressed the audience in regards to changing the order of the agenda, laying ground rules for those wishing to speak on the Assault Weapons discussion and read the following prepared statement. “At our July 1st City Council Meeting, we had an extensive discussion about the possibility of enacting a local ordinance regulating assault weapons in Lake Forest. This was not a topic on the community's agenda until the State announced that Home Rule municipalities such as Lake Forest would have a brief 10-day window to craft City-based regulations if they so desired. The State forced this topic to the forefront for debate in Home Rule communities in an effort to institute a patchwork system in Illinois. The Council and staff over the past few weeks have received literally hundreds of emails and calls on this topic. And I would like to thank the Council and Staff and the residents for their thoughtful and civil discussion about this matter. On the evening of July 1st, the Council decided to table the ordinance that was before it. While a clear majority of the Council was opposed to an outright ban or significant restrictions, the primary reason to table the ordinance was to explore the possibility of retaining our Home Rule control on this matter without placing any undue, illegal or unconstitutional restrictions on our residents. After further discussions with the staff, the City Attorney, and among the individual members of the Council, it was decided a "placeholder option" was simply not viable. There were several reasons for that decision and they included: --An inability to truly define what an assault weapon is Proceedings of the July15, 2013 Regular City Council Meeting --Any ordinance proposed that would have allowed us to retain Home Rule authority on this appeared to still be too restrictive not to risk legal action against the City --Any ordinance passed by this body could still also be overridden in Springfield by a "super majority" of the legislature, just like the super majority in the current concealed carry law that pre-empted all Home Rule regulation of hand guns --The decision to not exercise our Home Rule authority on this issue would in no manner impact our broader Home Rule position relative to other financial or operational issues within the City After discussing this matter individually with the members of the City Council, it seems clear that this is an issue that cannot be effectively be addressed at the local level and should be addressed by the State. I asked Alderman Moore and Palmer to develop a draft ordinance but unfortunately, it wasn’t able to be done. Because I have concluded that there is not a sufficient consensus for the Council to consider adoption of any ordinance this evening, I directed staff not to place this matter on tonight's agenda for consideration. However, due to the recent outpouring of e-mails and phone calls on the subject, with the consent of the City Council, I will ask that the matter be taken up at this time by advancing item eight (8), “Additional items for Council Discussion”. Mayor Schoenheider asked the Council for comments on the matter: Below is a summary of statements/discussion points from each of the Alderman: Alderman Palmer started by noting that he was not only the most senior Alderman by both age and service, but that he was also a lawyer who had started his career as a law clerk on the Illinois Supreme Court, which dealt with constitutional issues under the Illinois Constitution just as the United States Supreme Court dealt with the Constitution of the United States. He went on to explain that, because he had been a trial lawyer, he was familiar with how costly and disruptive litigation could be. As a result of this experience, he had been appointed by Mayor Rummel as the first Chairman of the City's Legal Committee, whose charge had been to independently advise the Council on the cost-benefit analysis of any litigation that was recommended by Mr. Filippini, whose firm's litigation bills to the City had been running $100,000 a year. He noted that there were three other Aldermen who are lawyers - Adelman, Novit, and Waldeck - and that it had been an exceptional advantage in this matter to have half of the counsel comprised of lawyers who were both smart and experienced. Palmer further noted that, as a Director of the Chicago Crime Commission, he was well aware of the problems posed by gun violence. Finally, he said that he had some familiarity with "assault rifles", as both his sons were Marines who had served in Iraq and Afghanistan, equipped with M-16 rifles, which may have looked like the AR-15 on the "assault weapon" list, but which had a selector switch that enabled them to fire 3-round bursts each time that the trigger was pulled. He said that, compared to an Proceedings of the July15, 2013 Regular City Council Meeting M-16, the one-shot-at-a-time AR-15 was "a sheep in wolf's clothing" that would never be used in a military assault. Alderman Palmer said that he affirmed the Mayor's statement and went on record that his own position had been to do nothing. He explained that the Mayor had neither any right to vote on nor veto this matter, as his role was limited to presiding at the Council meetings and, after consulting with the Aldermen and City Manager, set the agendas and serve as the Council's spokesman. Alderman Palmer commended Mayor Schoenheider on how he had handled the July 1 meeting. Reviewing the procedural history of this matter, Alderman Palmer said that the Mayor had put the item on the July 1 agenda for the purpose of full public discussion. City staff and counsel had provided the Council with three choices: (1) to pass a complete ban; (2) to enact a regulatory ordinance; and (3) to do nothing. Alderman Palmer noted that, in contrast to how some other municipalities had dealt with this issue in executive session closed to the public before commencing the public meeting, here nothing had been decided beforehand. He said that, when he came to the meeting, he had no idea of what the other Aldermen would be saying. Because the public witnessed the first discussion that the Aldermen had had among themselves, Alderman Palmer made the point that this was truly "government in the sunshine". The Alderman recounted that, as there had been no support among the Aldermen for an outright ban of "assault weapons", the discussion had focused on whether to adopt the proposed regulatory ordinance or do nothing. During the meeting, the Council had devoted nearly one hour to hearing comments from 26 residents. Nevertheless, Alderman Palmer explained, the Council did not make decisions by head count, based on the number of persons who spoke at a meeting. Rather, he said, the Aldermen familiarized themselves with the facts and made decisions based on what they perceived to be in the overall best interests of Lake Forest. By the time that the proposed ordinance had come up for a vote, Alderman Palmer said, there was so little support for the proposed ordinance that it could not even get a motion or second to bring it to the table for a vote up-or-down. At that point it was dead, just as though it had been voted down. As a result, the Council had chosen the third option of doing nothing -- which concluded the matter. Yet, after Aldermen Moore and Alderman Waldeck expressed their interest in exploring whether it might be possible to craft a "placeholder" ordinance with a minimal regulation (Alderman Pandaleon suggested something like requiring a red sticker to be affixed to each firearm), the Council determined to avoid making the choice of doing nothing by unanimously tabling any further consideration of the proposed ordinance until the next meeting. Meanwhile, Messrs. Kiely and Filippini were requested to draft for consideration an ordinance that would retain the City's home rule power to regulate "assault weapons", but effectuate no meaningful regulation. At that point, Alderman Palmer noted, it should have been clear to everyone in attendance that no substantive regulation was going to be enacted at this time and that the only thing that was being sought was a minimalist "placeholder" ordinance that would allow the City to later regulate this type of firearm, should it prove desirable. Alderman Palmer recounted how, following the July 1 meeting, the Aldermen had really knocked themselves out attempting to formulate appropriate language for a "placeholder" ordinance, but to no avail. He gave examples of some ideas that were discussed, and then discarded. Thus, there was no new proposed ordinance to put on the agenda. As the prior proposed ordinance had failed to even attract a motion to bring it up for a vote, there was nothing left to do with it. Proceedings of the July15, 2013 Regular City Council Meeting Responding to complaints that residents had been denied the opportunity to speak that they had expected, Alderman Palmer requested a show of hands of persons in attendance who had believed, based on reading the Lake Forest Patch article on July 2, that the entire consideration of the subject had been tabled until July 15. Palmer advised them that the Patch article had given an incorrect and misleading account of the meeting, as the reporter who had written the article had not attended the meeting and instead had faked an account, later publicly retracted, of what had happened. He lamented the fact the residents had been given the choice of not reading the Patch and being uninformed or reading it and being misinformed. Palmer said, however, that anyone who did not avail themselves of the chance to speak at the July 1 meeting had no basis to later complain. He took issue with the published complaint of the League of Women Voters that the Council had reached its decision without public input by noting that, among the 26 residents who spoke at the July 1 meeting had been the League's Co-President, Jane Partridge. Alderman Palmer reminded all present that he and the other Aldermen were all unpaid volunteers with other obligations in their lives. He said that that the sole payback for the sacrifices that they made to serve was the satisfaction of giving back to the community. He stated that they all were proud to serve the City of Lake Forest, privileged to represent their neighbors, and had done their best to get things right. He told the residents that, regardless of whether they liked the decisions that the Council made, he hoped that they would be grateful for the service of its members and would treat them with respect. Alderman Palmer closed his remarks by urging people to keep the issue of "assault weapon" regulation in perspective. He explained that the Firearms Owners Identification Card Act currently prohibits the ownership or possession in Illinois of any firearm without a Firearm Owner's Identification ("FOID") card, which can only be obtained after the applicant is subjected by the Illinois State Police to a criminal background check on the national database maintained by the FBI, as well as the database maintained by the Illinois Department of Human Services. Grounds for disqualification included any conviction for a felony, for assault and battery, or an act of domestic violence; Additional grounds include being the subject of an order of protection, being adjudicated as a mental defective, or having been a patient of a mental institution within the prior five years. As far as regulating "assault weapons", Illinois has access to greater technical expertise and litigation resources than Lake Forest. Governor Quinn continues to be a strong proponent of "assault weapon" regulation. Alderman Palmer further pointed out that the far greater threat from gun violence is posed by handguns - which the State has now preempted Lake Forest from regulating. Lake Forest has never had a rifle crime, which account for less than 3% of all gun crimes nationally. Yet, like "assault weapons", handguns are semi-automatic firearms and a majority of them ("pistols") use an ammunition magazine that can be reloaded in about 3 seconds, even though it holds fewer (12) bullets than a rifle magazine (30). Indeed, some handguns fire larger caliber bullets than rifles. The Supreme Court has held that the government cannot prohibit a normal adult from owning and possessing a handgun for defensive purposes, nor can it require that a handgun be kept with a trigger lock or maintained in any way that would interfere with its instant access and use. As a firearm for home defense, a rifle is superior to a handgun, as it is easier to aim and holds more ammunition. Our local federal appeals court has required Illinois to allow the concealed carrying of handguns outside of the home. In contrast, being far larger than a handgun, an "assault weapon" is almost impossible to conceal. Finally, almost any of the recent violent crimes that were committed with rifles could have been committed with handguns. The Proceedings of the July15, 2013 Regular City Council Meeting Colorado shooter used a rifle, a shotgun, and a handgun. The Sandy Hook shooter used a rifle and two handguns. The rifle he used was his mothers. It had been legally purchased and was registered with the State. Alderman Novit started off by stating that his personal view and his elected view are different and that as an elected official he is here to represent the community and protect it. He said he was troubled at the end of the last meeting with tabled discussion and no workable ordinance, that additional time should have been taken to create an ordinance. He said that as attorneys we all interpret the phrases of the Constitution differently as time evolves. He said we should rethink what we are doing as far as weapons. Assault weapons and hand guns have two very different meanings, moving forward in four to five years we will have to react, and the idea of a placeholder would have given us the chance to lead- but we are giving up that ability. Lake Forest doesn’t want to be the norm but a leader within the State, there is no compromise at this point. He stated that we have given up our ability to react in the future, and he said that he wasn’t satisfied and that as a community, he felt that an open vote was needed but he was not able to convince other Alderman. In closing he said that maybe this is what State lawmakers wanted; to create a law that creates a ten day window or patchwork laws, uniform law in the future. It still places The City of Lake Forest in a bad position. And that he feels as the community is split on this issue. Alderman Waldeck said that she agreed with Alderman Novit, that the State put us in a horrible position. She also wanted to talk about the processes of City Council, she said she echoed the Mayor and Alderman Palmers statements, that we all came in with a preconceived idea and thoughts and now she is finding herself in a different position than two weeks ago, after further educating herself. She went on to say that the proposition she put forth at the last meeting couldn’t be done and that any placeholder type of ordinance wouldn’t work. She said she supports the Mayors comments and decision. Alderman Moore said that the definition of an assault rifle was unable to be had and that trying to define or control weapons brought on legal challenges. He said he was unable to delineate a definition. This community has classic public vetting to make sure that we are doing the right thing, and with an unreasonable timeframe of ten days he said he is referring this to the State or Federal government. He went on to say he received a lot of calls with 50/50 on either side of the issue. He said we already have a heavy regulated society as to guns, and that he would like to clear up the misconception that there are people waiting to come in to The City of Lake Forest with assault rifles. Alderman Tack- Pass Alderman Reisenberg gave an overview of what the Council had been asked to do starting with consideration of an Ordinance about Assault weapons, and Council wasn’t in favor and it wasn’t practical. That segued to preserving Home Rule, searching for common ground trying to satisfy both parties and finding out there is no basis for agreement on this issue. He said that he came to the conclusion that everyone tried together and individually to come up with something and we couldn’t do it; that either two things would happen: pass an ordinance that is meaningless in an attempt to make some feel good, or pass an ordinance which couldn’t pass. This is a case of triumph of practicality over passion, and the City Council really couldn’t get there. Proceedings of the July15, 2013 Regular City Council Meeting Alderman Adelman said that this issue started off in mid-June and was moved to July when all eight Aldermen were not able to attend, that he had received e-mails that became accusatory as the date changed as to how the City Council was conducting business. He said that it is an emotional issue and became more emotional and full if misinformation. He said how proud he was of the Council in conducting deliberations on July 1, that he had no clue what others were thinking on this matter and that it was beautiful to see the public process work. Preservation of Home Rule became the focus, but why preserve that is best left to state legislature, and the Federal government. We are not professional legislator’s, we can’t do it in ten days, let them deal with fall out. He reminded Council that they passed the hands free ordinance, because the State was going to pass legislation, and they dragged their heels. We can stop accidental deaths but he doesn’t believe that gun control will stop a crazy person. Mayor Schoenheider thanked City council for their comments, for making their positions clear, and why the Ordinance is not on the agenda. The Mayor then went over the rules of making comments: Public comment was taken from: Jane Partridge 1799 Farm Lake Forest Craig Strom 346 E Spruce Lake Forest Marianne Wood 1130 Ashley Rd Lake Forest Michael Shanahan 220 Keith Lane Lake Forest Virginia Metier 975 Kirknell Lake Forest Mary Matthews 1111 S Waukegan Road Lake Forest Bob Shaw 888 Gloucester Crossing Lake Forest Stephanie Victor 1260 Fiore Dr Lake Forest Meg Barnhardt 1143 N Sheridan Lake Forest David Mueller 26 E Atteridge Road Lake Forest Bath Martin 1379 N Western Lake Forest David H. Betts 321 Granby Lake Forest Fred Lane 853 Castlegate Ct Lake Forest Roger Mohr 927 Barclay Circle Lake Forest Elizabeth “Joy” Guscott-Mueller 26 E Atteridge Road Lake Forest Lloyd Hood 1000 Pembridge Lake Forest Ross Friedman 1492 Mint Haven Road Lake Forest Karen Curtiss 520 E Center Ave Lake Bluff Connor Hendricks 3104 Chatfield Dr Highland Park Thomas McMenamin 259 Ravine Dr Highland Park Mayor Schoenheider took the floor back, again thanked all for input. He and went on to say that the City Council has done and will continue to do their very best in handling this issue. Mayor Schoenheider said that he was incredibly proud of the Council, and he believes that City Council acted in the best interest of the community and is extremely transparent. A. City Manager Contract Approval; Annual review and approval of the City Manager Agreement with City. RECOMMENDED ACTION: Review and approval of the City Manager Agreement with the City. Mayor Schoenheider asked for a motion to approve City Manager Agreement with the City. Proceedings of the July15, 2013 Regular City Council Meeting Alderman Moore made a motion, seconded by Alderman Novit to approve City Manager Agreement with the City. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Comments by City Manager A. Approval of Lake Forest Employee Association (LFEA) Contract between the City and the Lake Forest Public Works, Parks, Forestry, Cemetery and Golf Course Employees. City Manager, Bob Kiely introduced Desha Kalmar, Director of Human Resources, who explained that this is the third and final contract that the Council will see. She went on to say that the PCA did not hold a meeting and essentially all parts of the previous contract from May 2010 remain the same, the group has once again adopted the City’s personnel policy as their guiding policies, and the employees have agreed to pay increases approved by the City Council for other non-unionized employees of the City. The duration of the contract is three years, from May 1, 2013, through April 30, 2016. There are currently a few seasonal employees who are over the top of their range, and the City has agreed to freeze those wages. The contract also includes a side letter establishing a labor-management committee to discuss uniforms and uniform policies. RECOMMENDED ACTION: Approval of Lake Forest Employee Association (LFEA) Contract between the City and the Lake Forest Public Works, Parks, Forestry, Cemetery and Golf Course Employees Mayor Schoenheider asked for a motion to approve of Lake Forest Employee Association (LFEA) Contract between the City and the Lake Forest Public Works, Parks, Forestry, Cemetery and Golf Course Employees. Alderman Palmer made a motion, seconded by Alderman Novit to approve the City Manager Agreement with the City. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried Comments by Council Members Alderman Novit brought up the watering restrictions dilemma, that it is not at an emergency level and that there is a limit on sprinkling, which is odd/even, meaning if your address is odd then you water on odd- numbered day of the month. Alderman Adelman would like to see a study done on the well for irrigation at the Golf Course. Alderman Reisenberg invited all residents to the Community Forum Meeting with the topic” Where Does our Water Come From?” which was July 18 at 7 pm at the Gorton Community Center. Proceedings of the July15, 2013 Regular City Council Meeting Alderman Moore reminded residents of the Lake Forest Day Celebration that will take place August 6 and August 7. ***PUBLIC HEARING ON THE CITY’S ANNUAL APPROPRIATION ORDINANCE*** Mayor Schoenheider asked for a motion to open a public hearing on the City’s Annual Appropriation Ordinance. Alderman Palmer made a motion to open a Public Hearing on the City’s Annual Appropriation Ordinance, seconded by Alderman Adelman. All in favor Motion carries unanimously. Mayor Schoenheider asked if there was anyone present who would like the opportunity to address the City Council regarding the Annual Appropriations. There was none wishing to speak. Mayor Schoenheider asked for a motion to close the Public Hearing. Alderman Palmer made a motion to close the Public Hearing on the City’s Annual Appropriation Ordinance, seconded by Alderman Adelman. All in favor, motion carried unanimously. Summary of the Amounts Appropriated from the Several Funds The City of Lake Forest Fund Rollover Budget Total Appropriation General $ 126,890 $ 31,202,554 $ 31,329,444 $ 34,462,388 Park and Public Land 19,805 305,000 324,805 357,286 Motor Fuel Tax 0 100,000 100,000 110,000 Emergency Telephone 0 273,020 273,020 300,322 Elawa Farm – Operating 0 68,457 68,457 75,303 Senior Resources Commission 0 575,512 575,512 633,063 Parks and Recreation 39,212 8,535,056 8,574,268 9,431,695 Special Recreation 0 409,354 409,354 450,289 Cemetery Commission 6,072 919,664 925,736 1,018,310 Public Library 0 3,948,325 3,948,325 4,343,158 Foreign Fire Insurance 0 105,000 105,000 115,500 Drug Asset Forfeiture 0 9,000 9,000 9,900 Proceedings of the July15, 2013 Regular City Council Meeting Alcohol Asset Forfeiture 0 30,000 30,000 33,000 Housing Trust 0 275,000 275,000 302,500 Capital Improvements 327,533 11,621,702 11,949,235 13,144,159 Rt. 60 Bridge 0 1,028,049 1,028,049 1,130,854 Rt. 60 Intersection 0 550,322 550,322 605,354 Rt. 60 Fitzmorris 0 20,359 20,359 22,395 Water and Sewer 32,044 7,945,760 7,977,804 8,775,584 Water and Sewer Capital Fund 47,499 1,825,500 1,872,999 2,060,299 Deerpath Golf Course 0 1,473,033 1,473,033 1,620,336 Fleet 0 1,879,570 1,879,570 2,067,527 Liability Insurance 0 1,089,305 1,089,305 1,198,236 Self Insurance 0 4,815,500 4,815,500 5,297,050 Firefighters’ Pension 0 1,640,000 1,640,000 1,804,000 Police Pension 0 2,075,000 2,075,000 2,282,500 Sub-total $ 599,055 $ 82,720,042 $ 83,319,097 $ 91,651,008 School District 67 (estimates and subject to changes) Educational n/a $ 27,074,352 $ 27,074,352 $ 27,074,352 Operations, Building and Maintenance n/a 2,827,125 2,827,125 2,827,125 Transportation n/a 1,203,583 1,203,583 1,203,583 IMRF/Social Security n/a 680,934 680,934 680,934 Capital Projects n/a 574,928 574,928 574,928 Sub-total $ 32,360,922 32,360,922 32,360,922 Proceedings of the July15, 2013 Regular City Council Meeting Grand Total $ 115,080,964 $ 115,680,019 $ 124,011,930 RECOMMENDED ACTION: Approval of the final reading of the City’s FY14 Appropriation Ordinance and the rollovers. Mayor Schoenheider asked for a motion to approve the final reading of the City’s FY14 Appropriations Ordinance and the rollovers. Alderman Moore made a motion to approve the final reading of the City’s FY14 Appropriations Ordinance and the rollovers, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Seeing none, Mayor Schoenheider read the Omnibus items for consideration ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the July 1, 2013 regular City Council minutes. 2. Approval of the purchase of FY2014 computer workstations and laptops for all City departments. 3. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) 4. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) RECOMMENDED ACTION: Approve the four (4) Omnibus items as presented. Mayor Schoenheider asked Council if they would like any item removed or be taken separately, Alderman Palmer asked that item #1 be removed until the next meeting. Mayor Schoenheider then asked for a motion to approve the three (3) remaining Omnibus items as presented. Alderman Novit made a motion to approve the Omnibus items as presented with item # 1 removed, seconded by Alderman. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Proceedings of the July15, 2013 Regular City Council Meeting Alderman Palmer made a motion to table the minutes from the July 1 City Council meeting, Seconded by Alderman Adelman. All in favor, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES 1. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading, and if Desired by the City Council, Final Approval) Catherine Czerniak, Director of Community Development said the following recommendation comes from the Historic Preservation Commission and is presented to the City Council for consideration because it is a building scale variance. This matter was considered by the Historic Preservation Commission in March and May and because of ongoing concerns, this item has been placed on the Council’s regular agenda to allow a review of the issues and Council discussion. Catherine Czerniak gave an overview on the history of the property located at 950 E Westminster; a power point presentation showing the locations of: original property, current property lines, structures on the property, proposed structures and current and proposed landscaping reflective of conversations and meetings. She also said since the time property was subdivided, there was never a garage; and that the garage as proposed meets all zoning set back requirements. She added that the Commission carefully looked at this and evaluated it based on the criteria in the code for building scale variations and found the project to be consistent with the seventeen standards in the Ordinance, some of which include; the project is constant with preservation standards, furthers purpose of preservation Ordinance, vegetation mitigates the mass and the commission also found that the height and mass are compatible with surroundings. Additionally a one story structure was considered and not found to be consistent with the overall character of the house; it comes to Council with a 6-0 vote recommendation in support of a building scale variance. Members of the Council had a discussion about being able to reconcile this request with 144 E Westminster as an example why the bulk ordinance was created, which was to stop rapid expansion and to retain the “Keeping to the Plan of the City”. Mayor Schoenheider then asked if there was anyone who wished to address Council on this issue. Robert O’Donnell who represented Tom and Maxine Hunter of 911 Woodbine, offered opinion on the proposed Ordinance. Former Mayor Jack Preschlack offered his comments relating to the Residential Bulk Ordinance use. Tom Hunter of 1090 N Sheridan offered his opinion on the proposed Ordinance. Proceedings of the July15, 2013 Regular City Council Meeting John and Anastasia Svigos of 950 E Westminster offered their opinion on the proposed Ordinance. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Historic Preservation Commission Additional discussion to place regarding the Bulk Ordinance and how it functions within other Boards and Commissions, whether there is consistency to its use, and where it is placed within the City Code. Alderman Reisenberg made a motion to waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Historic Preservation Commission, seconded by Alderman Moore. The following voted “Yea”: Aldermen Waldeck, Moore, Reisenberg, Palmer. The following voted “Nay”: Alderman Novit, Tack, and Adelman. 4 Yeas, 3 Nays, motion fails. (In order to waive first reading a 2/3 vote is required.) Alderman Tack made a motion to grant first reading of the Ordinance in accordance with the recommendation of the Historic Preservation Commission, Seconded by Alderman Palmer. The following voted “Yea”: Aldermen Waldeck, Moore, Tack, Reisenberg, Palmer. The following voted “Nay”: Alderman Novit, Adelman. 5 Yeas, 2 Nays, motion carries. This item will be seen by Council again on August 5. An additional concern of the Council is that of Policy and how it is applied. City Manager Bob Kiely said that we should within the next quarter address the concern. NEW BUSINESS Seeing none ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Seeing none ADJOURNMENT There being no further business. Alderman Palmer made a motion to adjourn, seconded by Alderman Novit. Motion carried unanimously by voice vote at 10:29pm Respectfully Submitted, Margaret Boyer Deputy City Clerk Proceedings of the July15, 2013 Regular City Council Meeting 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. Clicks on I Want To, then click on View, then choose Archived Meetings Videos.