CITY COUNCIL 2013/08/05 Minutes
The City of Lake Forest
CITY COUNCIL
Proceedings of the August 5, 2013 Regular Meeting
6:00 p.m. – City Hall First floor Conference room and Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order in the first
floor conference room at 6:00p.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 Pandaleon, Alderman Reisenberg, Alderman Palmer,
Alderman Adelman.
Absent: Alderman Tack
At 6:02 pm Alderman Palmer made a motion to convene into Executive Session under section 5
ILCS 120/2 (c) (11) of the Open Meeting Act for the purpose of discussing litigation. Alderman
Adelman seconded, motion carried unanimously by voice vote. Alderman Tack arrived at 6:05pm.
City Council reconvened in open session at 6:35 pm in the City Hall Council Chambers
There were approximately 45 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
Comments by Mayor
A. Resolution of Sympathy for former Mayor Bruce Macfarlane
Mayor Schoenheider read the Resolution, Alderman Palmer moved, seconded by
Alderman Waldeck to approve the Resolution. Motion carried unanimously by
voice vote.
B. Resolution of Sympathy for former Alderman Mary Barb Johnson
Mayor Schoenheider read the Resolution, Alderman Pandaleon moved, seconded
by Alderman Novit to approve the Resolution. Motion carried unanimously by
voice vote.
C. Swearing in of new Police Officers Dominick Bellino, Rico Stringer and Dan
Markus
Mayor Schoenheider swore in the new Officers.
Mayor Schoenheider read an acknowledgement for Joytime Preschool; reminded and encouraged
all residents to enjoy Lake Forest Day and spoke about the ground breaking ceremony at Forest
Park. He stated the Forest Park Project Corporation had a target to raise 3.1 million dollars and
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was proud to announce that the Board had raised more than 50% at 1.6 million dollars. Anyone
wanting more information should visit: forestparkprojectcorporation.com
Comments by City Manager
A. Update on Sprinkling Restrictions
Michael Thomas, Director of Public Works, and Curt Volkman from the Lake Forest
Collaborative on Environmental Leadership
City Manager Robert Kiely spoke to the City Council in regarding the City’s recently-imposed
watering ban. He then introduced Michael Thomas, Director of Public Works, who gave an
overview update. In early June, the presence of growing algae was observed in raw water from
Lake Michigan. On July 11, the City of Lake Forest issued a news release to urge greater
participation in the Odd/Even Watering Restrictions. On July 15, the City opened interconnects
with Lake Bluff to assist Lake Forest in meeting water demand, and on July 24, the City enacted a
total watering ban. On July 30, the watering ban was lifted. However, the City is still urging
Odd/Even Watering Restrictions.
Mr. Thomas described daily activities a day in the water treatment plant and that it is the Illinois
Department of Natural Resources that asks all towns from May 15 to September15 to put a
sprinkling ban in place. He went on to explain short term what the City of Lake Forest can do in
response to the algae. The City sent letters to all irrigation owners to explain the algae situation,
met with irrigation system companies to solicit feedback, and sent divers to check out the intakes
in Lake Michigan.
In the long term, the City’s physical ability to filter water was looked at, along with implementing
water well at the Deerpath Golf Course and a possible rate structure. That rate structure would
give the opportunity to invest in improvements based on the sale of water.
Curt Volkman from the Lake Forest Collaborative on Environmental Leadership went on to talk
about the geologic and hydrology of the City of Lake Forest. The City has three separate systems:
Fresh water/Sanitary/Stormwater. A drop of water that falls west of Greenbay Road goes to the
Gulf of Mexico and a drop that falls east goes into Lake Michigan. He went on to explain what
residents can do to conserve our water resource: follow water restrictions, reduce use of
fertilizers/pesticides, use green infrastructure to keep water where it falls; install WaterSense
fixtures and irrigation controllers, fix indoor and outdoor leaks, don’t flush or dump
pharmaceuticals or chemicals, use phosphorous-free products, drink our City water – it’s cheap
and clean, pick up your pet waste and dispose of it in the trash and lastly, don’t feed the gulls and
pick up your garbage at the beach.
B. Com Ed Annual Report- External Affairs Manager, James Dudek
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City Manager, Robert Kiely introduced James Dudek, who gave a presentation on the electrical
system improvements Com Ed made in 2012, 2013 Grid Modernization work along with SMART
meter deployment and Communications update.
Comments by Council Members
A. Long Term Financial Planning (Finance Committee)
Mayor Schoenheider altered the agenda placing this item after item # 6.
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, 11 and 15, 2013 City Council minutes.
2. Approval of Check register from June 22 to July 26, 2013
3. Approval of Seasonal Brochure Printing Bid
4. Approval of Contract for Annual Tree Planting for FY14 Budget
5. Approval of Contract for Installation of Holiday Lights in the Central Business
District and Waukegan & Everett Road Berm
6. Adopting the June 11, 2013 amendment of Lake County Watershed
Development Ordinance to remain a Lake County Certified Stormwater
Community
7. Award of Contract for Northcroft Park’s Parking Lot Resurfacing and Bike Path
and Triangle Park’s Walking Path
8. Consideration of Ordinances Approving Recommendations from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
9. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
10. Consideration of an Ordinance Approving a Recommendation from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
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11. Award of contract for Wedgewood Lot Site Preparation for Single Family Home
Development Project.
12. Dissolve Gorton Commission
RECOMMENDED ACTION: Approve the twelve (12) Omnibus items as presented.
Mayor Schoenheider asked the Council if they would like any item removed or be taken
separately. Attorney Victor Filippini asked for a scrivener’s error correction on the July 11 minutes.
Mayor Schoenheider asked for a motion to approve the twelve (12) Omnibus items with
correction to the July 11 minutes.
Alderman Palmer made a motion to approve the Omnibus items as presented with the correction,
seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Novit, Waldeck, Moore,
Tack, Pandaleon, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 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.
ORDINANCES
1. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (Final Approval)
Catherine Czerniak, Director of Community Development spoke to the Council regarding the
recommendation from the Historic Preservation Commission. This was presented to the City
Council for consideration at the July 15th meeting. After hearing public testimony and Council
deliberation, the Council approved first reading of an Ordinance approving the petition. This
petition is now before the City Council for final consideration.
To clarify some questions on the Building Scale Ordinance, Catherine Czerniak explained that there
is a single method established by Ordinance for calculating the allowable square footage for lots
and the same method is used throughout the City. The Ordinance provides the opportunity for
any property owner to request a variance from the allowable square footage and provides that
requests for variances for properties within the historic districts or designated as local landmarks
are under the purview of the HPC and requests for variances for properties that are outside of the
historic districts are under the purview of the BRB and that in both cases, final action by the City
Council is required. There are six criteria established by the Ordinance and the Ordinance directs
that the same criteria be used by the HPC, BRB and City Council in evaluating requests for a
variance from the Ordinance. These criteria were supplied verbatim in the City Council packet.
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A recap of this petition and the findings of the Historic Preservation Commission were specified. There
were questions raised as to the size in comparison to the original coach house and a question about the
design reasoning. Mayor Schoenheider asked if there was anyone who would like to address the Council.
Tom Hunter, son of the Hunters at 1090 N Sheridan Road, offered his opinion to the City Council.
The City Council had a discussion in relation to accessory buildings; the longstanding efforts that the City
has made; and the perception of overall fairness of the Bulk Ordinance as related to Historic
Preservation.
RECOMMENDED ACTION: Grant final approval of the Ordinance in accordance with the
recommendation of the Historic Preservation Commission.
Alderman Pandaleon made a motion to grant final approval in accordance with the
recommendation of the Historic Preservation Commission, seconded by Alderman Reisenberg.
The following voted “Yea”: Aldermen Waldeck, Moore, Pandaleon, Reisenberg and Palmer. The
following voted “Nay” Alderman Novit, Tack and Adelman: 5 Yeas, 3 Nays, motion carried.
2. Consideration of an Ordinance Amending Chapter Four of the City Code
Regarding Liquor Licenses
City Attorney Victor Filippini explained that staff is requesting approval of an Ordinance amending
Chapter 4 of the City Code regarding liquor licenses that on May 20, 2013, the City Council
approved amendments to The City of Lake Forest Liquor Code. The amendments clarified rules
regarding tastings associated with package sales. The regulations regarding the giveaway of
alcohol were not amended at that time to reflect those clarifications. To correct this scrivener's
error, this Ordinance clarifies that those establishments that are authorized to provide tastings are
not prohibited from the giveaway of alcohol. This Ordinance also revised the number of licenses
available to reflect: (i) Authentico's desire to downgrade its existing license, which authorizes
package sales and consumption on the premises of a restaurant, to a license that only allows
consumption on the premises of a restaurant but does not allow for package sales and (ii) Elawa's
desire to not renew its existing license.
The question of open licenses was discussed and the reasoning behind not having open licenses
available to petitioners, historically the City Council has been putting the petitioner into the
position of proving that issuing the liquor license is in the best interest of the City.
RECOMMENDED ACTION: If desired by the City Council, waive first reading and grant final
approval.
Alderman Palmer made a motion to waive first reading, seconded by Alderman Reisenberg.
Motion carried unanimously by voice vote.
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Alderman Palmer then made a motion to grant final approval, seconded by Alderman Reisenberg.
The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Tack, Pandaleon, Reisenberg,
Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
3. Consideration of a Request for a Liquor License for the Shell Station located at
193 E. Deerpath. (Motion, if desired by the City Council, directing preparation of
an Ordinance adding a liquor license)
Director of Community Development, Catherine Czerniak, introduced this topic. The City Council,
in amending the liquor code in May 2013, eliminated the prohibition of a gas station selling
alcohol in the City of Lake Forest. Since the May meeting, at the direction of the City Council, City
staff from the City Manager’s Office, the Police Department and Community Development met
with representatives of the Shell Station on several occasions. In response to the discussions, the
Shell Station owner submitted materials for City review including a floor plan indicating the
proposed location for alcohol in the store, an overview of proposed security measures, an
application for a liquor license and information on various upgrades planned to the overall
property.
City Staff felt it was inappropriate to recommend whether or not to issue a license but rather to
supply the Council with adequate information to make an informed decision.
Alderman Palmer brought a Point of Order to the attention of the Council: that it is the Liquor
Commissioner’s decision as to whether or not to issue a license, and that the City Council only
votes pro forma. He moved to table this item.
Mayor Schoenheider recognized what Alderman Palmer had to say, but felt that since the owner
was present, and due to the amount of time and effort that staff put into this, he would like to
hear from the petitioner.
Bill Lombardis, owner of the Shell, stated he met with City Staff and said that he understood the
conditions that staff had recommended should he be granted a license.
Chief of Police James Held spoke of the Police Department’s support of LEAD and SPEAK UP! in
limiting the accessibility of alcohol to minors.
The City Council then had a discussion of the appropriateness of issuing a liquor license to the
Shell gas station.
The City Council took a break at 8:55 pm and re-convened at 9 pm
COMMENTS BY COUNCIL MEMBERS
A. Long Term Financial Planning (Finance Committee)
Due to the late hour, Mayor Schoenheider has asked for a abbreviated presentation from Finance
Director, Elizabeth Holleb and City Manager, Robert Kiely, with the understanding of how
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important this is, and that the Council will see this presentation in its entirety in the very near
future.
Finance Director Elizabeth Holleb told the City Council that The City is currently in excellent
financial condition, has a balanced budget for the current fiscal year and carries the AAA rating at
Moody’s Investors service.
The City of Lake Forest is extremely proactive in dealing with its finances and does a 5-year
forecast which gives a long range look at what decisions made today are and how they may
impact the finances going forward.
The 5-Year Forecasts for the General and Capital Improvement Fund have identified long-range
budgetary challenges.
The General Fund is currently forecast to have a deficit in Fiscal Year 2017, despite the City’s
aggressive efforts to reduce personnel and identify more cost-effective strategies to providing
services during a prolonged period of national economic recession and tepid recovery.
Funding available for the City’s Capital Improvement Program is not currently sufficient to meet
the projected demands. Prior to initiating the Fiscal Year 2015 budget process, it is recommended
that the City Council and staff explore options available to the City to address the challenges on
the horizon.
Finance Director Elizabeth Holleb spoke briefly on expenses and revenues and then about the
more time sensitive issue of Bond refinancing. The construction budget anticipated $13 million
from proceeds of Laurel Avenue site and in 2010 Bonds were issued due to the delayed
redevelopment of Laurel Avenue property. Amounts due are $9.7 million – due December 2015
and remaining $3.0 million – due 2029 through 2032. These had been issued under the economic
stimulus act. The question posed as to whether or not the City would benefit from refinancing the
part of the issue that is due December 2015. This topic has been broached with the PPL
Committee in April and the Finance Committee in July. Because The City of Lake Forest is not
issuing any other debt in 2013 the refinancing could be accomplished with bank qualified status
which provides a slightly lower interest rate because the amount of money is under $10 million in
a calendar year. The first opportunity for the issue to be refunded is September 15, 2013 without
jeopardizing the single opportunity to advance refund before a call date. Since The City of Lake
Forest did not use the advance refunding, it will provide added flexibility in paying off those bonds
earlier and added flexibility in redeveloping Laurel Avenue property because there would the
single payment due December 2015. It would also provide level principal and interest payments
over the life of the Bond issue. The refinance goes to market on September 16 and will be
presented to the City Council that evening for approval.
City Manager, Robert Kiely, asked the Council to look at the following questions:
• Should the City postpone MS Bond refinancing given recent changes in interest rates?
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• Should alternative revenue sources be studied?
• Should reductions in level of service be explored? If so, are any specific areas of interest?
• Should City’s position on property tax limitations (tax cap and debt service limit) be
reconsidered?
• Should City pursue tiered water rates to encourage water conservation?
He also asked the City Council for discussion on each. He went on to say that this discussion on
these very important considerations and actions is necessary to continue the fiscal stewardship of
the City of Lake Forest.
Mayor Schoenheider added what a terrific job Finance Director Elizabeth Holleb has done and he
is asking the City Council to think out of the box on the above considerations. He also confirmed
that Elizabeth Holleb should continue to move forward on the bond refinancing.
RECOMMENDED ACTION: Informational item for discussion.
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 Pandaleon. Motion carried unanimously by voice vote at 9:31pm
Respectfully Submitted,
Margaret Boyer
Deputy 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.