The URL can be used to link to this page

CITY COUNCIL 2013/08/05 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, August 5, 2013 Special Start time 6:00 p.m. City Hall CALL TO ORDER AND ROLL CALL 6:00 p.m. City Hall First Floor Conference Room Honorable Mayor, Donald Schoenheider Kent Novit, Alderman First Ward Stanford Tack, Alderman Third Ward Catherine Waldeck, Alderman First Ward Jack Reisenberg, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward EXECUTIVE SESSION for the purpose of discussing pending litigation under 5 ILCS 120/2 (c) (11). RECESS 6:25 p.m. RECONVENE IN OPEN SESSION 6:30 p.m. City Hall Council Chambers PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR 6:30 p.m. A. Resolution of Sympathy for former Mayor Bruce Macfarlane A copy of the Resolution can be found beginning on page 16 B. Resolution of Sympathy for former Alderman Mary Barb Johnson A copy of the Resolution can be found beginning on page 17 C. Swearing in of new Police Officers Dominick Bellino, Rico Stringer and Dan Markus 2. COMMENTS BY CITY MANAGER 6:45 p.m. A. Update on Sprinkling Restrictions Michael Thomas Director of Public Works and Curt Volkman from the Lake Forest Collaborative on Environmental Leadership B. Com Ed Annual Report- External Affairs Manager, James Dudek 3. COMMENTS BY COUNCIL MEMBERS 7:00 p.m. A. Long Term Financial Planning (Finance Committee) 1 August 5, 2013 Agenda PRESENTED BY: Robert Kiely, City Manager and Elizabeth Holleb, Finance Director PURPOSE AND ACTION REQUESTED: To further the City’s strategic planning initiatives relating to fiscal stewardship, staff requests City Council discussion and input regarding long-term financial forecasts for the General Fund and Capital Improvement Fund, in advance of the FY15 budget process. BACKGROUND/DISCUSSION: An introduction to this topic was provided at the July 15, 2013 Finance Committee meeting. The Five-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. To assist in this process, a number of documents are attached for City Council review beginning on page 18: • General Fund Five Year Forecast • Payroll Projections for General Fund FY14-FY18 • Capital Improvement Fund Five Year Forecast • Capital Improvement Fund – Funding Analysis • Debt Service Capacity – LEVIED debt (current and with proposed 2013 refunding and 2014 new money issue) – Note: This has been revised from 7/15 Finance Committee meeting to reflect recent and dramatic changes in interest rates. • City Employees per 100 Households – FY1992 to FY2014 RECOMMENDED ACTION: Informational item for discussion. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 7:30 p.m. 1. Approval of the July 1, 11 and 15, 2013 City Council minutes. A Copy of the minutes can be found beginning on page 24 2. Approval of Check register from June 22 to July 26, 2013 Check Register For Period June 22 - July 26, 2013 Fund Invoice Payroll Total General 424,954 1,084,909 1,509,863 2 August 5, 2013 Agenda Water & Sewer 105,717 104,384 210,102 Parks & Recreation 183,649 382,817 566,465 Capital Improvements 187,476 0 187,476 Bond Funds - Projects 0 0 0 Motor Fuel Tax 0 0 0 Cemetery 7,564 17,175 24,739 Senior Resources 16,281 19,308 35,589 Deerpath Golf Course 149,507 46,057 195,563 Fleet 101,279 32,729 134,008 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 19,805 0 19,805 All other Funds 212,819 142,919 355,738 $ 1,409,051 $ 1,830,298 $ 3,239,348 3. Approval of Seasonal Brochure Printing Bid STAFF CONTACT: JEFFREY WAIT, SUPERINTENDENT OF SPECIAL FACILITIES 847-810-3930 PURPOSE AND ACTION REQUESTED: Staff is seeking City Counil approval to award the Department’s seasonal brochure printing services to J.W. Swift Printing Company for the 2014 calendar year. BACKGROUND/DISCUSSION: The Recreation Department’s main avenue of marketing its seasonal program offerings is through the three seasonal brochures; Winter/Spring, Summer/Camps and Fall. Staff works diligently months prior to residents receiving their copy to develop the content and graphic design before submitting to a vendor for printing and mailing. Prior to bidding all 3 seasonal brochures together, staff sought individual quotes for each brochure which was time consuming and inconsistent. Bidding the entire year of brochures will ensure consistent deliverables and allow potential volume savings. Adhering to Administrative Directive 3-5 relating to Purchasing Procedures, staff sent out bid packets to 11 local printing companies. Staff also submitted bid notifications to Pioneer Press and the Sun-Times at least 10 business days before they bid opening. On July 5th promptly at 9:30am staff held a bid opening. Three vendors submitted bids with the results detailed below. As this is the first time staff has bid out this service, staff reached out to all printers who were sent bid packets to ascertain why they chose not to bid. Many of the printers submitted quotes in the past and have not been awarded the brochure printing projects. They indicated, based on past experience, they would not able to provide a competitive bid for this type of work and did not want to spend the time compiling the bid when they would not be awarded the project. BUDGET/FISCAL IMPACT: John Swift Co. Inc. was the lowest bidder at $27,762. The Department has previously worked with this printer. Swift has produced the last two seasonal brochures and staff is familiar with the quality of their work. 3 August 5, 2013 Agenda Below is a summary of Project budget: FY2014 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N 220-8048-451-60-13 $34,000 $27,762* Y * Plus additional four pages if needed. At the July 16, 2013 meeting, the Parks and Recreation Board reviewed and unanimously recommended approval of the contract to J.W. Swift Printing at the bid price submitted. RECOMMENDED ACTION: If appropriate and should City Council desire, approve the award of the Recreation Department’s 2014 seasonal brochure printing services to J.W. Swift Printing Company for the base bid amount of $27,762 and additional 4-page incremental costs of $377 per brochure if needed. 4. Approval of Contract for Annual Tree Planting for FY14 Budget STAFF CONTACT: Peter Gordon City Forester, 810-3563 PURPOSE AND ACTION REQUESTED: Staff requests approval to enter into a one year contract with Guy Scopelliti Landscape for the planting of trees on City streets, parks and other City owned properties. This contract is for planting only and does not include the purchase of trees. BACKGROUND/DISCUSSION: The City’s Forestry section typically plants 200 trees a year; however, with the increase of tree removals resulting from Emerald Ash Borer (EAB) we anticipate planting approximately 400 2” - 3” trees in FY14. These trees will be primarily planted along City streets but may also include City parks and City-owned properties. BUDGET/FISCAL IMPACT: Funding for the annual tree planting contract is budgeted in the Fund 311, Capital Projects. The results of the bid process confirmed that outsourcing of tree planting will be cost efficient. Staff received three (3) bids for the tree planting detailed below. FY14 Tree Planting Bid Data Overview: Trees 1.0”-2.0” Trees 2.1”-3.0” Trees 3.1”-4.0” Trees 4.1”- 5.0” Total* Guy Scopelliti Landscape $75.00 $95.00 $200.00 $380.00 $38,000 Vendor Base Bid Amount Additional 4-page Amount Darwill Press Inc. $40,987 Did not submit Haapanan Brothers Inc. $31,246.13 $540 / brochure John Swift Co. Inc. $27,762 $377 / brochure 4 August 5, 2013 Agenda Gro Horticultural Enterprises, Inc $104.00 $161.00 $222.00 $317.00 $64,400 Rosborough $260.00 $375.00 $570.00 $780.00 $150,000 *Based on planting 2.1” – 3.0” trees Guy Scopelliti Landscape was the low bidder and has experience working in Lake Forest and has satisfactorily performed other projects for The City in recent years. Summary of Project Budget: FY ’14 Funding Source Amount Budgeted Amount Requested (Not to Exceed) Budgeted? Y/N Capital Fund 311 $ 100,000 $ 40,000 Y *remaining funds are for the purchasing of trees from multiple vendors On July 16, 2013, the Parks and Recreation Board unanimously recommended to award a one year contract to Guy Scopelliti Landscape to provide tree planting on City streets, parks and City-owned properties. RECOMMENDED ACTION: If appropriate and should the City Council desire, approve the award of a one year contract not to exceed $40,000 to Guy Scopelliti Landscape for the planting of trees on City streets, parks and City-owned properties. 5. Approval of Contract for Installation of Holiday Lights in the Central Business District and Waukegan & Everett Road Berm Staff Contact: Peter Gordon City Forester, 810-3563 PURPOSE AND ACTION REQUESTED: Staff is seeking approval to enter into a two year contract with MacFarlane Douglass & Companies for the installation of holiday lights in the Central Business District (CBD) and Waukegan & Everett Road berm (located on the southwest corner). BACKGROUND/DISCUSSION: The City’s annual tree lighting program is approaching its 30th year. This event has brought generations of Lake Forest families together to celebrate the holiday season. The CBD is lit with over 120,000 lights that brighten Western Avenue from Deerpath Road north to Westminster Avenue and includes Historic Market Square. Residents and visitors are drawn to the CBD to begin their holiday shopping season under the glow of these tiny white lights. Lights also shine on The City’s west side as the berm located on the southwest corner of Waukegan and Everett Roads is lit with thousands of lights that welcome residents and visitors into the community. The City’s Forestry staff also places two large evergreen trees in Market square and the Telegraph Road Train Station to welcome in the holidays. BUDGET/FISCAL IMPACT: Funding for the installation of Holiday Lights is budgeted in the Forestry Fund 220 contractual line item. The City began bidding this work contractually approximately ten years ago to lock in the price within a two-year cycle; year one complete replacement and year two replacement where needed. This year’s bid results 5 August 5, 2013 Agenda confirms that outsourcing of the holiday lighting program continues to be the most cost efficient approach and allows for the section to focus on other forestry operations. Staff received three (3) bids for the holiday lights as detailed below. FY14 Holiday Lights Bid Data Overview: Year 1 Complete Replacement Year 2 Replacement Lights Total MacFarlane Douglass & Co. $27,000 $9,000 $36,000 The TLC Group, LTD $26,240 $10,080 $36,320 Temple Display, LTD $77,500 $7,500 $85,000 Macfarlane Douglass & Companies was the low bidder and has experience installing holiday lights. They have not worked for The City of Lake Forest before; however, references were checked with favorable results. On July 16, 2013, the Parks and Recreation Board recommended the approval of a two year contract to MacFarlane Douglas and Companies to provide the installation of holiday lights in the CBD and Waukegan and Everett Road berm (located on the southwest corner). Summary of Project Budget: FY ’14 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Fund 220 Park Operations $ 31,000 $ 27,000 Y FY ’15 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Fund 220 Park Operations To Be Budgeted $ 9,000 N RECOMMENDED ACTION: If appropriate and should City Council desire, grant approval of a two year contract in the amount of $36,000 to MacFarlane Douglas & Companies to provide the installation of holiday lights in the Central Business District (CBD) and Waukegan and Everett Road berm (located on the southwest corner). 6. Adopting the June 11, 2013 amendment of Lake County Watershed Development Ordinance to remain a Lake County Certified Stormwater Community. STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) 6 August 5, 2013 Agenda PURPOSE AND ACTION REQUESTED: Adoption by reference of the Watershed Development Ordinance of Lake County, Illinois as amended by the Lake County Board effective June 11, 2013. BACKGROUND / DISCUSSION: On June 19, 1992, The City of Lake Forest became the first community in Lake County to adopt the countywide Watershed Development Ordinance (WDO). This ordinance contains the minimum stormwater and drainage standards by which all development within the county must be designed. The Lake County Stormwater Management Commission (SMC), which is the county agency responsible for overseeing that this ordinance is being followed on a countywide basis, recognizes The City of Lake Forest as a Certified Stormwater Community that is able to administer the ordinance on our own with only periodic review by the SMC. All wetlands related permitting are still administered through SMC. Since this ordinance was first adopted in 1992, it has been revised on nine (9) other occasions. Periodic review of the Watershed Development Ordinance is undertaken by SMC to ensure that it is both up to date on technical issues and to remove any ambiguities that may arise in interpreting the regulations. The Lake County Board adopted the latest revisions to the Watershed Development Ordinance recommended by the SMC on or about June 11, 2013. A copy of the Ordinance is attached. The City of Lake Forest, through the WDO, is in good standing with the National Flood Insurance Program (NFIP). As a NFIP member Federal Emergency Management Agency (FEMA) provides the City residents to buy flood insurance at a discounted rate. The WDO allows an Enforcement Officer to resolve drainage and flooding related concerns within the community. The WDO also regulates infrastructure improvements and detention requirements within School district jurisdiction. Ever since its adoption in 1992 City has received zero deficiencies from SMC in enforcing the WDO. A copy of the recommended Ordinance can be found beginning on page 47 RECOMMENDED ACTION: It is recommended that Article IV: Planning – Watershed Development of Chapter 31 “Planning” of The City of Lake Forest Code be rescinded and replaced with the adoption by reference of the Lake County Watershed Development Ordinance of Lake County, Illinois approved as amended by the Lake County Board effective June 11, 2013. 7. Award of Contract for Northcroft Park’s Parking Lot Resurfacing and Bike Path and Triangle Park’s Walking Path. STAFF CONTACT: Robert Ells, Superintendent of Engineering, (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff requests City Council award the contract for the Northcroft Park Parking Lot Resurfacing and Bike Path Replacement Project to Maneval Construction Co, Inc. In addition the same contractor would re-pave Triangle Park’s walking path based on the same unit pricing. BACKGROUND/DISCUSSION: The project involves the removal and replacement of the parking lot surface, installation of ADA compliant sidewalk, and restriping. The project also includes the removal and replacement of the park’s asphalt bike path. Because the City received very favorable unit pricing for Northcroft Park, staff is requesting that such 7 August 5, 2013 Agenda pricing be applied to the replacement of the walking path in Triangle Park. Triangle Park’s walking path is budgeted to be replaced this fiscal year. The preparation of plans and specifications to include field surveys and design, were prepared by in-house Engineering staff. The design savings allowed for dollars to be used in other CIP projects. The Engineering staff will also provide daily inspectional services. BUDGET/FISCAL IMPACT: Bids for the Northcroft Park Parking Lot Resurfacing and Bike Path were received and opened on July 18, 2013. The City received a total of six bids. It is staff’s opinion that the bids received were competitive when compared to bids received in past years. The following is a summary of the bids received: BIDDER BID AMOUNT Maneval Construction $ 172,620.90 Chicagoland Paving $ 179,924.25 Schroeder Asphalt $ 184,723.85 Alamp Concrete $ 185,307.00 Peter Baker & Son $ 197,904.10 Brothers Asphalt $ 222,679.00 Engineer’s Estimate $ 190,000.00 The low bidder, Maneval Construction Co, Inc., has worked for the City in the past. Projects completed by Maneval Construction Co. were completed on time and the work was deemed satisfactory to City staff. Below is a summary of each project’s budget: Northcroft Park Parking Lot Resurfacing and Bike Path FY2014 Funding Source Account Budget Amount Requested (incl. 5% contin.) Budgeted? Y/N Park & Public Land Fund $ 190,000 $ 181,252 Y Triangle Park Walking Path FY2014 Funding Source Account Budget Amount Requested (incl. 5% contin.) Budgeted? Y/N Park & Public Land Fund $ 40,000 $17,713 Y If awarded the project would commence on or about September 9 and be completed within 30 days of the start of construction. The homeowners residing within the limits of the 8 August 5, 2013 Agenda project and other homeowners in the vicinity will be notified two weeks prior to start of construction. Triangle Park’s walking path would occur either before or after Northcroft Park’s resurfacing. The City’s website, under “Construction Updates”, will also provide details on the construction schedule. RECOMMENDED ACTION: 1. Staff recommends awarding the contract for the Northcroft Park Parking Lot Resurfacing and Bike Path Replacement Project to Maneval Construction Co, Inc. in the amount of $181,252. This amount includes authorization to expend, if necessary, an additional amount not to exceed 5% of the contract award for unforeseen change orders that may occur during the administration of this project. 2. With receiving favorable unit price bids, staff also recommends the authorization to utilize Maneval Construction Co, Inc. for the removal and replacement of the asphalt walking path at Triangle Park. Remaining dollars in the Triangle Park line item budget will be used to update various aspects of the park’s landscaping and park amenities. 8. 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) The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. 1500 N. Sheridan Road – The Building Review Board recommended approval of the demolition of the existing residence on this property and approval of a replacement residence including the new site plan, building design, exterior materials and landscape plan. No public testimony was presented to the Board on this petition. (Board vote: 4-0, approved) Lake Forest College, 555 N. Sheridan Road - The Building Review Board recommended approval of a landscape plan associated with the new student residence hall, Moore Hall. The plan includes plantings near the new hall, along the pedestrian corridor that leads to the student residence area on south campus, in fill plantings along Sheridan Road and plantings for the rain garden proposed as part of the stormwater management plan for the new residence hall. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) Ordinances approving each of the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 53. The Ordinances and complete exhibits are available for review in the Community Development Department. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinances in accordance with the recommendations of the Building Review Board. 9 August 5, 2013 Agenda 9. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) STAFF CONTACT CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) The following recommendation from the Historic Preservation Commission is presented to the City Council for consideration as part of the Omnibus Agenda. 365 E. Westleigh Road – The Historic Preservation Commission recommended approval of a building scale variance to allow construction of small additions in the form of a porch enclosure and dormers to the existing residence. The Commission determined that the criteria for a building scale variance are satisfied and that the overall design is consistent with the design standards and purpose of the City’s Preservation Ordinance. No public testimony was received on this matter. (Board vote: 5-0, approved) The ordinance approving the petition with conditions of approval as recommended by the Historic Preservation Commission, with key exhibits attached, is included in the Council’s packet beginning on page 68. The Ordinance and complete exhibits are available for review in the Community Development Department. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinance in accordance with the recommendations of the Historic Preservation Commission. 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) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) The following recommendation from the Zoning Board of Appeals is presented to the City Council for consideration as part of the Omnibus Agenda. 10 N. Ahwahnee Road – The Zoning Board of Appeals recommended approval of variances from the setbacks for accessory structures to allow construction of a replacement garage in generally the same location as the existing garage. The replacement garage will encroach into the zoning setbacks a lesser distance than the existing garage reducing the extent of the non-conformity that currently exists. No public testimony was presented to the Board on this petition. (Board vote: 6-0, approved) An Ordinance approving this petition as recommended by the Zoning Board of Appeals including conditions of approval and key exhibits is included in the Council’s packet beginning on page 78. The Ordinance and complete exhibits are available for review in the Community Development Department. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Zoning Board of Appeals. 10 August 5, 2013 Agenda 11. Award of contract for Wedgewood Lot Site Preparation for Single Family Home Development Project. PRESENTED BY: Robert Ells, Superintendent of Engineering, (847-810-3555) PURPOSE AND ACTION REQUESTED: On July 29, 2013 the Property and Public Land Committee (PPL) approved a recommendation from staff awarding a contract for the Wedgewood Lot Site Preparation to RJ Underground, Inc. for single family home development. BACKGROUND/DISCUSSION: Please see attached Memorandum “History Regarding Wedgewood lots #22, #23, #24, dated December 12, 2012 on page 85 of your packet. The project involves minor grading work (.24 acres) across the three lots and the placement of topsoil to eliminate the existing wetland. Additionally, a catch basin will be installed on Lot 22 to and connected to the existing storm sewer on Stratford court to ensure proper drainage. BUDGET/FISCAL IMPACT: The City received three quotes from local firms experienced in this type of work; the following is a summary of the proposals received: BIDDER BID AMOUNT RJ Underground Inc. $ 28,437.50 RA Mancini, Inc. $ 34,000.00 Ceecchin Plumbing, Inc. $34,130.00 Engineer’s Estimate $ 26,015.00 The low bidder, RJ Underground, Inc. has previously worked in The City of Lake Forest. Earlier this year they completed the installation a new watermain under the Skokie River on Onwentsia Road. The project was completed on time and the work was satisfactory to City staff. Below is a summary of Project budget: FY2014 Funding Source Account Budget Amount Requested (incl. 5% contin.) Budgeted? Y/N 31100504177691 $ 50,000.00 $ 29,859.50 Y If awarded, the project would commence in mid-August and be completed within 10 days after the start of construction. The homeowners residing within the limits of the project were notified in writing last month about this potential project. RECOMMENDED ACTION: Staff recommends awarding the contract for the Wedgewood Lot Site Preparation for Single Family Home Development Project to RJ Underground, Inc. in the amount of $28,437.50 to include authorization to expend, if necessary, an 11 August 5, 2013 Agenda additional amount not to exceed 5% of the contract award for unforeseen change orders that may occur during the administration of this project. 12. Dissolve Gorton Commission On July 1, 2013 when the City Council approved the Restated Agreement Relating to The Gorton Property, it required the City Attorney to draft the proposed Ordinance Dissolving the Gorton Commission. The Agreement merged the remaining five (5) Commission Members into the Gorton Center 501(c) (3) thereby terminating the need for the Commission. A Copy of the Ordinance can be found beginning on page 88. RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinance dissolving the Gorton Commission. RECOMMENDED ACTION: Approve the twelve (12) Omnibus items as presented. 6. ORDINANCES 8:00 p.m. 1. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (Final Approval) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) PURPOSE AND ACTION REQUESTED The following recommendation from the Historic Preservation Commission 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. BACKGROUND/DISCUSSION 950 E. Westminster – The Historic Preservation Commission recommended approval of a building scale variance to allow construction of a coach house with a two car garage on the ground floor and family room space on the second floor. The Commission’s recommendation includes approval of the architectural design, siting and materials for the coach house and approval of a landscape plan to provide screening of the new structure from neighboring properties. Testimony was presented to the Commission on this item by neighboring property owners who expressed concern about the siting, height and use of the proposed structure. (Board vote: 6- 0, approved) An ordinance approving the petition with conditions of approval as recommended by the Historic Preservation Commission, with key exhibits attached, is included in the Council’s packet beginning on page 92. The Ordinance and complete exhibits are available for review in the Community Development Department. RECOMMENDED ACTION: Grant final approval of the Ordinance in accordance with the recommendation of the Historic Preservation Commission. 12 August 5, 2013 Agenda 2. Consideration of an Ordinance Amending Chapter Four of the City Code Regarding Liquor Licenses STAFF CONTACT: VICTOR FILIPPINI, CITY ATTORNEY PURPOSE AND ACTION REQUESTED: Staff is requesting approval of an Ordinance amending Chapter 4 of the City Code regarding liquor licenses. BACKGROUND AND DISCUSSION: 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 establishments that are authorized to provide tastings are not prohibited from the giveaway of alcohol. This Ordinance also revises 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. A copy of the Ordinance can be found beginning on page 110. RECOMMENDED ACTION: If desired by the City Council, waive first reading and grant final approval. 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) STAFF CONTACTS: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT 810-3504 JAMES HELD, CHIEF OF POLICE 810-3803 PURPOSE AND ACTION REQUESTED: Council direction is requested on the question of whether an Ordinance should be prepared adding a liquor license to the Code to authorize the Mayor as Liquor Commissioner to issue such license to the Shell Station. The owner of the Shell station has applied for a Class A-1 License which authorizes the retail sale of alcohol including beer, wine and spirits, in the original packaging, no consumption on the premises is permitted. The past practice of the City, and of many other municipalities, is not to have open licenses available until a user for the license is identified. 13 August 5, 2013 Agenda BACKGROUND AND DISCUSSION: On May 20, 2013, the City Council approved amendments to The City of Lake Forest Liquor Code. The amendments as approved eliminated the prohibition on gas stations selling alcoholic beverages. However, as noted above, there is no license currently available; the Code would need to be amended to add a license that could be issued to the Shell Station at the discretion of the Liquor Commissioner. Under the Liquor Code, the Liquor Commissioner can also impose conditions on liquor licenses as may be appropriate for protection of the public health, safety, and welfare. 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: 1) a floor plan indicating the proposed location for alcohol in the store, 2) an overview of proposed security measures that will be implemented, 3) an application for a liquor license and 4) information on various upgrades planned to the overall property. Key materials are included in the Council packet beginning on page 114. RECOMMENDED ACTION If desired by the City Council, direct staff and the City Attorney to prepare (i) an Ordinance amending the City Code to make an additional liquor license available, and (ii) a proposed license for issuance to the Shell Station at 193 E. Deerpath containing the following conditions: 1. Alcoholic beverages must be located in an area that is open and unobstructed to allow employees a view of area. 2. Security cameras shall be installed to monitor the areas of the store where alcoholic beverages are displayed, stored and purchased. Locations of the cameras shall be subject to review and approval by the City of Lake Forest Chief of Police. 3. Security cameras shall be operational at all times. 4. Only the sale of beer and wine shall be permitted. 5. Sale of alcoholic beverages shall commence no sooner than 10 a.m. and shall not extend later than 12:00 a.m. No 24-hour sales shall be permitted. 6. The mini-market at the Shell Station shall be staffed with a minimum of two employees during all times when that store is open for business. 7. Alterations to the building, landscaping, lighting and signage shall occur only after all required approvals and permits are obtained. 14 August 5, 2013 Agenda 7. NEW BUSINESS 8:40 p.m. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 8:45 p.m. 9. ADJOURNMENT 9:00 p.m. Office of the City Manager July 31, 2013 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 15 RESOLUTION OF SYMPATHY WHEREAS, on behalf of The City of Lake Forest, the City Council expresses its sadness at the profound loss of Bruce M. Macfarlane on July 15, 2013; and WHEREAS, Bruce Macfarlane was a long-time and valued resident of Lake Forest; and WHEREAS, Bruce Macfarlane served as Mayor of Lake Forest from 1969- 1970, and during which time, led efforts to manage Dutch Elm Disease, a devastating tree blight in Lake Forest, and a subsequent tree replacement program; and WHEREAS, Bruce Macfarlane, prior to being elected Mayor, served as an Alderman, Ward Chairman and on the Lake Forest Caucus; and WHEREAS, Bruce Macfarlane, a beloved husband for 63 years to Barbara King Macfarlane, loving father, grandfather and great grandfather; and WHEREAS, Bruce Macfarlane was a graduate of the Chicago Latin School, The Hill School in Pottstown, PA and Princeton University; and WHEREAS, before making Lake Forest his home, Bruce Macfarlane served in the U.S. Navy from 1942-1946 during World War II; and WHEREAS, Bruce Macfarlane, an avid athlete, won the Onwentsia Club Golf Championship twice, in 1958 and 1983 (25 years apart) and traveled world-wide to play golf with his friends; and WHEREAS, Bruce Macfarlane was a kind and gentle man who deeply loved his family, community and fellow residents; his contributions to Lake Forest were significant and he will truly be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that its deepest sympathy goes out to his wife Barbara and her family. Dated: August 5, 2013 _____________________________ Mayor 16 RESOLUTION OF SYMPATHY WHEREAS, on behalf of The City of Lake Forest, the City Council expresses its sadness at the profound loss of Mary Barb Johnson on July 19, 2013; and WHEREAS, Mary Barb Johnson was a civic-minded and valued resident of Lake Forest, serving as an Alderman, Chairman of the Zoning Board of Appeals and on the Lake Forest Library Board; and WHEREAS, Mary Barb Johnson was the first woman Trustee of Lake Forest Hospital; also serving on the Women’s Boards of the University of Chicago, Northwestern University and Lake Forest College as well as on the Illinois Health Facilities Planning Board and the Federal Defender’s Program in Chicago; and WHEREAS, Mary Barb Johnson was a beloved wife, loving mother and grandmother; WHEREAS, Mary Barb Johnson was a true community leader, both locally and nationally, her contributions to Lake Forest were significant and she will truly be missed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, that its deepest sympathy goes out to her family. Dated: August 5, 2013 _______________________________ Mayor 17 ACTUAL PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Fund Balance 5/1 12,129,328 13,618,981 12,970,688 13,633,612 14,734,146 15,303,788 15,187,150 Revenue 30,569,075 31,115,132 31,865,478 32,567,719 32,934,889 33,442,649 34,050,518 Less: Operating Expenses 28,079,422 28,480,352 30,057,554 31,207,185 32,365,247 33,559,287 34,761,145 Net before CIP 2,489,653 2,634,780 1,807,924 1,360,534 569,642 (116,638) (710,627) Capital Expenditures 1,000,000 1,400,000 1,145,000 260,000 - - - ERI Payoff from Reserves 1,883,073 Fund Balance 4/30 13,618,981 12,970,688 13,633,612 14,734,146 15,303,788 15,187,150 14,476,524 Less: 25% Req Resv+ Sick/Vaca+$950K Parking Resv 10,018,397 10,154,911 10,342,498 10,518,058 10,609,850 10,736,790 10,888,758 Available Funds 3,600,584 2,815,777 3,291,114 4,216,088 4,693,938 4,450,360 3,587,766 Op Revenue increase% 1.8%2.4%2.2%1.1%1.5%1.8% Op Expense increase % 1.4%5.5%3.8%3.7%3.7%3.6% THE CITY OF LAKE FOREST FIVE YEAR FUND BALANCE FORECAST GENERAL FUND 18 General Fund FY13 FY13 FY14 FY15 FY16 FY17 FY18 Budget Estimate Budget Forecast Forecast Forecast Forecast Salaries 13,404,844 12,829,106 13,338,782 13,709,084 14,171,442 14,619,550 15,067,841 2.5% increases 370,302 342,727 354,286 365,489 376,696 Merit pool 50,000 50,000 50,000 50,000 50,000 Step/range increases 0 119,631 93,822 82,802 46,530 Overtime 742,640 736,522 682,826 699,897 717,394 735,329 753,712 Longevity 89,006 81,981 88,369 97,914 106,153 115,622 126,806 SS 584,512 567,854 581,573 605,264 627,573 649,597 669,396 IMRF 851,632 784,321 1,058,485 949,609 1,035,684 1,124,275 1,211,786 Medical 2,517,780 2,336,623 2,606,353 2,814,861 3,040,050 3,283,254 3,545,914 Dental 74,606 72,496 74,851 78,594 82,523 86,649 90,982 Police/Fire Pension 2,532,773 2,532,773 2,653,179 2,812,370 2,981,112 3,159,979 3,349,577 FlexiBenefits 28,819 28,819 28,573 28,573 28,573 28,573 28,573 Life 21,574 18,812 21,631 22,064 22,505 22,955 23,414 Total 20,848,186 19,989,307 21,554,924 22,330,587 23,311,117 24,324,074 25,341,228 $ Change 706,738 775,663 980,531 1,012,957 1,017,154 % Change 3.4%3.6%4.4%4.3%4.2% FY14 FY15 FY16 FY17 FY18 % Change:Budget Forecast Forecast Forecast Forecast IMRF 24.3%-10.3%9.1%8.6%7.8% Medical 3.5%8.0%8.0%8.0%8.0% Dental 0.3%5.0%5.0%5.0%5.0% Police/Fire Pension 4.8%6.0%6.0%6.0%6.0% CITY OF LAKE FOREST PAYROLL FORECAST 7/24/20135:39 PM PayPro_030613_Revised Headers 19 ACTUAL PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED PROJECTED FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Fund Balance 5/1 4,377,002$ 3,753,247$ 2,900,458$ 1,377,910$ 4,221,849$ 2,262,102$ 930,954$ Revenue Real Estate Transfer Tax 1,215,407$ 1,030,000$ 1,133,000$ 1,246,300$ 1,370,930$ 1,508,023$ 1,658,825$ Demolition Tax 40,000 36,000 36,000 24,000 24,000 24,000 24,000 Misc/Recycling 212,457 152,764 110,000 110,000 110,000 110,000 110,000 Interest 27,891 16,000 14,365 10,334 42,218 33,932 18,619 Total Taxes and Other $1,495,755 $1,234,764 $1,293,365 $1,390,634 $1,547,148 $1,675,955 $1,811,444 Grants/Contributions 526,845$ 893,225$ 6,353,485$ 1,861,580$ -$ -$ -$ Total Non-Bond Revenue 2,022,600$ 2,127,989$ 7,646,850$ 3,252,214$ 1,547,148$ 1,675,955$ 1,811,444$ CIP Bonds - 4,700,000 - - Total Bond Proceeds -$ -$ -$ 4,700,000$ -$ -$ -$ Gen Fd Transfer from ERI Savings 1,000,000$ 1,400,000$ 1,145,000$ 260,000$ -$ -$ -$ Gen Fund/.5% sales tax transfer: Balance above policy 76,511 - 1,307,304 277,829 500,000 500,000 Grand Total Revenue 3,099,111 3,527,989 10,099,154 8,490,043 1,547,148 2,175,955 2,311,444 Less: Op Exp ( RETT Admin)84,436 46,050 6,500 6,695 6,896 7,103 7,316 Net before CIP 3,014,675$ 3,481,939$ 10,092,654$ 8,483,348$ 1,540,253$ 2,168,852$ 2,304,129$ Capital Projects #1 ONLY 3,638,430 4,334,728 11,615,202 5,639,409 3,500,000 3,500,000 3,500,000 Total Capital Expenditures 3,638,430$ 4,334,728$ 11,615,202$ 5,639,409$ 3,500,000$ 3,500,000$ 3,500,000$ Fund Balance 4/30 3,753,247$ 2,900,458$ 1,377,910$ 4,221,849$ 2,262,102$ 930,954$ (264,918)$ Note: Does not include $957,000 of restricted payment in lieu parking contributions/closure of paid parking fund. Does not include any potential land sales. Series 2010A Laurel Ave ($10M) bond matures 12-15-15 (FY16). THE CITY OF LAKE FOREST FIVE YEAR FUND BALANCE FORECAST CAPITAL IMPROVEMENT FUND 4/17/13 20 FY14 B FY15 FY16 FY17 FY18 Amount available Current revenues/2014 Bonds 3,500,000 3,500,000 3,500,000 3,500,000 3,500,000 .5% Sales Tax Transfer 1,307,304 277,829 Grant Revenue 6,353,485 1,861,580 11,160,789 5,639,409 3,500,000 3,500,000 3,500,000 CIP - Priority 1 3,954,413 3,935,528 6,814,900 4,714,000 3,652,000 .5% Sales Tax Transfer 1,307,304 277,829 Grant Funded Projects 6,353,485 1,861,580 CIP - Priority 2 - Not budgeted 1,240,386 2,890,000 1,835,000 1,050,000 125,000 CIP - Priority 3 - Not budgeted 60,000 430,000 260,000 50,000 50,000 Fire Engines - Not budgeted 100,000 425,000 100,000 500,000 100,000 Stormwater Study TBD TBD TBD TBD 13,015,588 9,819,937 9,009,900 6,314,000 3,927,000 Funding Shortfall (1,854,799)(4,180,528)(5,509,900)(2,814,000)(427,000) Funding Shortfall, less Priority 2 and 3 (860,528)(3,414,900)(1,714,000)(252,000) Capital Improvement Fund + Stormwater Study Projects Identified Funding Analysis + Stormwater Study Projects Identified 21 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 2008200920102011201220132014201520162017201820192020202120222023202420252026202720282029203020312032203320342035203620372038Tax Levy Extension Levy Year The City of Lake Forest LEVIED Debt Service Capacity Current Debt 2013 Refunding 2014 $4.8m 7/22/13 Potential 2013 Refunding and 2014 New Issue 22 2.80 2.90 3.00 3.10 3.20 3.30 3.40 3.50 3.60 3.70 # Employees per 100 Households 23 The City of Lake Forest CITY COUNCIL Proceedings of the July 1, 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: none There were approximately 100+ 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 regarding Regulations on Assault Weapons and stated that anyone wishing to speak was asked to fill out a form with their name and contact information. He went on to say that there will be an overall time limit to the discussion and asked citizens not to repeat statements already given to Council. He encouraged residents to attend the Fireworks Festival as a great opportunity for the community to get together. Mayor Schoenheider made the following 2012-2013 New Boards and Commissions Appointments/Reappointments. Gorton Commission NAME OF MEMBER APPOINT/REAPPOINT WARD Mark Ventling, REAPPOINT Chair and representative on the Executive Board 2 Peter Cherry REAPPOINT 1 Alan Lerner REAPPOINT 2 John Looby REAPPOINT 4 Sandy Turner REAPPOINT 2 24 Proceedings of the July 1, 2013 Regular City Council Meeting Recommended Action: Approve appointments recommended by Mayor Schoenheider. Alderman Novit made a motion, seconded by Alderman Reisenberg to approve appointments recommended by Mayor Schoenheider. Motion carried unanimously by voice vote. Comments by City Manager A. Robert Kiely, City Manager remarked that Landscape Concepts will be starting the EAB process in the 4th Ward beginning July 2 and residents who have questions can contact the City’s Forester or visit the website. Comments by Council Members Alderman Moore gave an update on CROYA and that it is open all summer, and that the CROYA float would be in the Lake Bluff 4th of July Parade that starts at 9:30am. Cubs night is Wednesday July 10 and that the Activator Summer Music program is underway. Alderman Adelman commented on how nice the RT. 60 median looks and that the Deerpath Golf Course also looks beautiful. 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 June 17, 2013 regular City Council minutes. 2. Approval of the Check Register For Period May 25- June 21, 2013. 3. Approval of a Resolution Appointing the Delegate and Alternate Delegate to the Intergovernmental Risk Management Agency (IRMA). 4. Approval of a Restated Gorton Operating Agreement between The City of Lake Forest and Gorton Community Center. 5. Award of Lake Forest portion of the 2013 Joint Concrete Sidewalk and Curb Replacement Program contract. 6. Approval of FY14 Contract for Annual Tree and Stump Removals. 7. Approval of an Agreement with Northern Illinois University for the placement of an Intern. 25 Proceedings of the July 1, 2013 Regular City Council Meeting 8. Request Approval of the Agreement to Proceed with the Forest Park Board Corporation and Waive the Bidding Process for Site Improvements at Forest Park. RECOMMENDED ACTION: Approve the eight (8) Omnibus items as presented. Mayor Schoenheider asked Council if they would like any item removed or be taken separately, and seeing none, asked for a motion to approve the eight (8) Omnibus items as presented. Alderman Palmer made a motion to approve the Omnibus items as presented, seconded by Alderman Pandaleon. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, 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 the Annual Appropriation Ordinance for FY2014 and Approval of Rollovers (First Reading) Alderman Pandaleon explained that these figures have been discussed in other meetings as budget details and that the appropriation ordinance is passed in order to implement them. The Public Hearing and second reading will be at the next meeting July 15, 2013. RECOMMENDED ACTION: Approval of the first reading of the ordinance and the rollovers. A copy of the ordinance is available for review by the public in the City Clerk’s office. A public hearing will be conducted on July 15, 2013 in conjunction with second reading of the ordinance. Alderman Novit made a motion for approval of the first reading of the ordinance and the rollovers, seconded by Alderman Palmer. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. NEW BUSINESS 1. Consideration of an Ordinance Regarding Regulation on Assault Weapons City Council engaged in discussing a draft ordinance on the matter of whether to exercise the City’s home rule authority and adopt regulations pertaining to assault weapons in the City of Lake Forest. On May 31, 2013 the Illinois General Assembly approved House Bill 183 which created a new Firearms Concealed Carry Act. The Bill preempted the City’s home rule powers in the regulation of firearms but it provided a window (ten days from passage of bill) for home rule communities to enact regulations 26 Proceedings of the July 1, 2013 Regular City Council Meeting relating to assault weapons. City Council has the option that may range anywhere from taking no action to banning assault weapons within the community. A great deal of consideration to the preservation of the City’s home rule authority was discussed, as one of the critical reasons the City adopted home rule status by referendum was to attain the ability to implement rules and regulations that best meet the needs of the community and resident interest. In order to preserve the community’s ability to ever re-address the issue in the future, the Council would need to adopt an ordinance with some level of consideration. Bob Kiely, City Manager said the approach staff has always taken is to provide the City Council with all options, and for the benefit of guests, they include doing nothing, all the way to a Highland Park type full ban, it is not to say that is what we are recommending, but obligated to give all options. This draft ordinance helps frame the discussion, and that for purposes of full disclosure all options are shown. First and foremost are the issues of individual rights. Secondly is the issue of preserving public health safety and welfare for all residents today and in the future. Traditionally City staff will always make recommendations in favor of Home Rule authority and not let the State dictate what they think is best. City Attorney Marlo DelPercio explained regulations that exist in the City Code and that the passage of house bill 183 will preempt these and they will longer have any force or effect. The City would not be able to regulate these and these regulations would cease to exist. She went on to say that this was an unusual action by the General Assembly, which preempts Home Rule powers, unless action is taken now or within 10 days of bill being signed into law. City Manager Bob Kiely went on to say staff is not recommending full ban; instead, to establish a committee to promote gun safety and awareness consisting of representatives from the City Council, Police Department and residents. They would be able to look at the issue over time and in a thoughtful way. The whole concept of gun safety awareness could be modeled after the Citizens Police Academy currently in place with reasonable and rational legislation in place. Mayor Schoenheider asked Police Chief Jim Held to address City Council and stated that whatever the choice of The City of Lake Forest City Council, the Lake Forest Police Department would comply to the best of its ability and in the best interest of the citizens of Lake Forest. Mayor Schoenheider called on each Alderman to offer an opinion on the topic. State Representative Scott Drury addressed the City Council to the specifics to HB183, and went on to explaining that if the bill becomes law, if the City does do not have a regulation on the books it will lose its opportunity. State Representative Drury explained that this law would allow Home Rule communities to come up with a definition of assault weapon and come back later to amend it. Alderman Palmer spoke first saying that Council members are Volunteers to this Council, it isn’t their occupation, they serve for a short time and the return to citizenry and that is not their position to impose their views or prejudices on fellow residents. He noted that, as a Director of the Chicago Crime Commission, if a law that would improve law enforcement, he would be in support of it, But after reviewing this law he doesn’t think that it accomplishes that and believes that it would create other problems for the City and can’t support it. 27 Proceedings of the July 1, 2013 Regular City Council Meeting As to the importance of retaining home rule power to regulate firearms, Alderman Palmer pointed out that there was very little left of this power, as HB 183 unconditionally preempts any home rule regulation of handguns or the transportation of any firearm. That it is the intent of the State to ultimately achieve statewide uniformity in firearm regulation was shown by the other part of the bill that now preempts home rule communities that do not have an ordinance regulating "assault weapons". The clear import of the current bill is that, when the State does fashion a regulation for "assault weapons", it will implement its desire for uniformity by completing the preemption that it has now started. Hence, whatever home rule prerogative that we now preserve will be taken from us at that point anyway. Alderman Palmer opined that there appeared to be no pressing need to regulate "assault weapons" (which he broadly defined to be semi-automatic rifles that fired a shot each time that the trigger was pulled, as opposed to automatic weapons - machine guns - which have been regulated by the federal government since 1934). Only 2.6% of all gun crimes nationally are committed with rifles, there has never been a rifle crime in Lake Forest, and such an ordinance has never previously been deemed to be necessary. Indeed, Professor John Lott of the University of Chicago has published studies concluding that the crime rate actually increases in places where guns are banned. Palmer said that semi-automatic rifles were legitimate tools of defense and that our focus should be on allowing our residents to possess such firearms to defend themselves, rather than seeking to disarm them as though they were all potential criminals. In the 2008 case of District of Columbia v. Heller, the United States Supreme Court held that the Second Amendment precluded a government from prohibiting a normal adult citizen from owning or possessing a handgun for defense of his person and home and that a government could not impose requirements on the storage of such gun - such as a trigger lock - that would impede the citizen from instant access and use of it in his defense. This holding was made applicable to the states by the Supreme Court's 2010 decision in City of Chicago v. McDonald. Although some people claim that the Cook County Assault Weapon Ban survived legal challenge, in 2012 the Illinois Supreme Court remanded the case of Wilson v. County of Cook to the trial court, where it now is, to gather further facts to determine whether the ban violated the Second Amendment. The proposed ordinance that we were given requires trigger locks and storage of firearms that could be used for defensive purposes. Its similarity to the facts in Heller will make it a target for litigation, which is not likely to be successful. Moreover, by putting the decision of whether to allow the possession of such firearms totally within the discretion of the police chief, without stated standards, the proposed ordinance also will be attacked - and struck down - on due process grounds. Palmer pointed out that years ago Mayor Rummel had appointed him to be the first Chairman of the newly-created Legal Committee in order to get a handle on legal fees for litigation that were costing the City over $100,000 a year, he said he wasn’t sure the proposed ordinance had been before the Legal Committee. Alderman Palmer added that the arguments based on how rifles had recently been used in violent acts focused on the means used, rather than the fact that the acts were committed by crazy people, who will always find a way to use something to harm others. On 9/11, they used commercial airliners. In the Oklahoma City attack, it was drums of fertilizer. In Boston, it was bombs made from pressure cookers. Does this mean that we need to ban pressure cookers? Such persons are unlikely to comply with any 28 Proceedings of the July 1, 2013 Regular City Council Meeting ordinance, anyway. A $750 fine for noncompliance will not deter anyone who is prepared to face the death penalty or prison for his acts. As to the concept of a "placeholder" ordinance that would preserve the City's power to regulate such firearms in the future, Palmer observed that the ordinance up for consideration was anything but that. He questioned why the City should even require residents who lawfully owned rifles to register them with the City, particularly as there was an instance in Connecticut of a reporter getting a hold of such information and publishing the names, which is a "prescription for mischief". He opined that any "placeholder" ordinance that might be crafted would either still have enough language to subject us to litigation or would be so innocuous that it would make us look silly. Alderman Novit commented on the 10 day window restriction and said he is an advocate for Home Rule and not willing to give up any right that the City of Lake Forest has worked to get at this point, but does not want to pass a poorly thought out law either. He said that he strongly favored education and registration and wanted to be transparent in saying he is an advocate for gun control. However, he is not advocating a full ban; he also said he agreed with what Alderman Pandaleon said about the State’s lack of action. He would like to see a well thought out decision by the Council instead of a knee jerk reaction as a result of being told what to do by the State. He would like to see some sort of placeholder Ordinance. Alderman Waldeck stated that she too is an advocate of Home Rule, yet shares Alderman Palmer’s concerns. She could not support it and that we need to be very careful with the Home Rule Authority, that we do not create an ordinance that is unconstitutional and that what was needed to do here is to preserve our right to create an ordinance in the future. She went on to ask the city attorney if we could create an ordinance that preserves our right, with court rulings and applicable law. City attorney Marlo DelPercio explained that the law has clear guidelines as to what the ordinance must state and that a “placeholder” would still require to purport to the law on possession or ownership of assault weapons in a manner consistent with of this act, there would have to be something that tied it in to the possession or ownership of assault weapons. Alderman Pandaleon thanked State Representative Drury for bringing this matter to the attention of the Council, and that without him he is not sure that this would have seen the light of day. Having Home Rule authority in The City of Lake Forest, especially financially during very tough times, has kept us on an even keel. Home Rule is not liked in Springfield. Springfield is a travesty and an embarrassment and there is nothing being done about it. It’s anathema to give away to Springfield any Home Rule authority. In the interest of resisting encroachment of Home Rule authority by the State, he is an advocate of creating a placeholder ordinance to preserve Lake Forest’s ability to act freely with respect to gun regulation, as we have in the past. Alderman Adelman agrees with Alderman Palmer, as intent, the draft ordinance is noble. Safety is important, hunters of a certain age are required to take a test, all the gun clubs promote and instill safety, however those mechanisms are already in place and we do not need to legislate the proposed Ordinance for gun safety. We have the ability to amend ordinances once they are on the books, he said he thinks it’s important to preserve Home Rule, yet if we do nothing, if the State preempts us on this 29 Proceedings of the July 1, 2013 Regular City Council Meeting one issue, he doesn’t think that it undermines Home Rule strength. He would rather something on the books to amend in the future, and thinks that the registration portion is cumbersome and that a FOID card takes care of that issue. However understand that first responders knowing what firearms are in a house would be beneficial, but he cannot support this. Alderman Tack said he would be brief and that he would be in favor of an innocuous place holder to protect Home Rule, and he stressed innocuous. The Ordinance that has been proposed he feels is unwise, unpalatable, unenforceable and unconstitutional and he would not support it. Alderman Moore agrees with Alderman Tack. In the spirit of being transparent, he stated that he is a gun owner, and by retaining Home Rule and putting in a defendable placeholder we can actually use it to limit assault rifles in the future and limit the State limiting us on assault rifles. To create something that would allow us to follow the will of our constituents, something designed with the bare minimum to retain our Home Rule right. Additionally he said that we are not taking an initiative here we are responding to a deadline. The question really is are we either going to do nothing or pass a placeholder, unless there are any other ideas. Alderman Reisenberg said that he strongly agrees with what has been said, but more importantly to preserve Home Rule prerogative, and with any ordinance that does that, less is more. Additionally he stated that he didn’t think there was sufficient time to discuss the matter and that maybe it is premature to expect to get to a conclusion and would like it postponed until the next meeting Mayor Schoenheider said that he thought Council has three options, one to agree to pass some form of the ordinance that was in front of us tonight and hearing the majority of Council that is not the direction Council is heading. Two is the other extreme suggested by Alderman Palmer and decide to do nothing or, three decide to table this and as Alderman Novit said see what happens in the legislature and by doing so would still allow use time if we so chose to pass a placeholder. City Manager Robert Kiely said everything that we have been hearing tonight is less is more and that Council would like something more innocuous, he stated that he is concerned about tabling the dialogue and that it would be easier for City Staff and the City Attorney if we could get a representative from the City Council to help craft a less is more innocuous place holder. He asked Council to pass a first reading by removing sections three and four and pass that, then send it to a committee to work on it and clean it up. In the meantime see what the government does with the bill. Alderman Palmer stated that staff had the ability to circulate proposed revisions to Council members prior to the next meeting so that the Council would be ready to act at that time and that trying to do anything with the ordinance at this meeting was a very bad idea. Mayor Schoenheider addressed the audience, thanking all those in attendance, for their time in coming to the meeting, as well as and everyone else who gave input to Council either in person, letter or e-mail. He also said that this topic merits discussion by the Council and input from community and that it is on the agenda because there is a belief that it is important, Lake Forest has a long history of civil discourse and he believes that this topic can be discussed accordingly. Council is eager to hear comments, and the Lake Forest residents will be called upon first. He reiterated that there is a three minute time limit for all those wishing to address the council, and by doing so, the Council may be able to get as many comments and pieces of information this evening as possible. Public comments were taken from: 30 Proceedings of the July 1, 2013 Regular City Council Meeting Dave Melsheimer 659 Green Briar Liz Bradner 1290 N Western Dottie Thumler 551 Beverly Laura Brinckerhoff 220 Basswood Road no comment C. Bennett Stephens 274 Cherokee road Brad Kunde 975 w Deerpath no comment Nancy Voorhees 475 w Deerpath no comment Fred Lane 853 Castlegate Ct Marie Nemerov 1380 Burr Oak Road no comment Guy W. Wilbur 1451 W Fork Drive Phelps Langtry 1230 Craig Strom 346 E Spruce Carlton R Maarcyan 475 E Green bay Mark Steveson MD Kathryn Lane Jane Partridge 1794 farm road Tom Marks 470 Estate Lane unavailable David “Dean” Grumhaus III 487 Walnut Road Michael Shanahan 220 Keith Adam Sachs 1168 Lynette William Briggs 366 Wisconsin Jim Whelan 431 McCormick Drive Mark Shaw 1155 Highland Ave Dan Cox 593 W Caleton Dr. Round Lake IL Connor Hendricks 5104 Chatfield Drive Highland Park IL Phil Reynolds 650 Garfield Ave Lake Bluff IL Carl Lambrecht 280 Laurel Ave Highland Park IL Mayor Schoenheider again thanked all for coming and staying, and conveyed that City Council is grateful for all input. Alderman Palmer made a motion to take no action to regulate weapons in the City of Lake Forest, Seconded by Alderman Adelman. Alderman Moore asked to have additional discussion on the topic before going to a vote; Alderman Palmer said his motion was withdrawn for further discussion. Mayor Schoenheider again went to the Alderman for discussion. Mayor Schoenheider said it was clear that; after the discussion tonight, it would be best to send this ordinance back to the Attorneys and ask for its fine tuning and that all Aldermen would be available if a special meeting is necessary. RECOMMENDED ACTION: If appropriate and desired by the City Council, adopt first reading of an ordinance which regulates assault weapons within the City. Alderman Palmer made a motion to table the item and asked staff to draft a new proposed “placeholder” ordinance, Seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. 31 Proceedings of the July 1, 2013 Regular City Council Meeting Mayor Schoenheider again thanked all those in attendance for their time in coming to Council and everyone else who gave their input to Council. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Novit. Motion carried unanimously by voice vote at 9:45pm Respectfully Submitted, Margaret Boyer Deputy City Clerk 32 The City of Lake Forest CITY COUNCIL Proceedings of the Thursday July 11, 2013 City Council Meeting 5:30- 7:30 p.m. – Conway Farms Golf Course 425 Conway Farms Drive Lake Forest IL CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 5:30p.m. City Clerk Robert Kiely called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Pandaleon, Alderman Reisenberg, Alderman Palmer, Alderman Adelman. Absent: Alderman Moore, Alderman Tack. Alderman Palmer made a motion, seconded by Alderman Novit, to adjourn into executive session for the purposes of discussing matters of personnel under Section 2(c) (1) of the OMA. Let the record reflect that Alderman Tack was in attendance by 5:50 pm and Alderman Moore by 6:50 pm. Adjournment into Regular Session There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Novit. Motion carried unanimously by voice vote at 7:30pm Respectfully Submitted, Robert Kiely City Clerk 33 The 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 34 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 35 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. 36 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 37 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. 38 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. 39 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. 40 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 41 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 42 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. 43 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. 44 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 45 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. 46 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2013 - _____ AN ORDINANCE ADOPTING BY REFERENCE OF THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST THIS _____ DAY OF __________, 2013. PUBLISHED IN PAMPHLET FORM BY THE AUTHORITY OF THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, ILLINOIS, THIS ____ DAY OF ____________, 2013. 47 2 ORDINANCE NO. 2013 - _____ AN ORDINANCE ADOPTING BY REFERENCE OF THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062, adopted the Lake County Watershed Development Ordinance on or about June 11, 2013, effective June 11, 2013, establishing rules and regulations for floodplain and stormwater management throughout the County of Lake and superseding any less restrictive municipal rules and regulations therein; and, WHEREAS, the Mayor and City Council of the City of Lake Forest have previously adopted Ordinance No. 2012-25, which adopted by reference the Lake County Watershed Development Ordinance; and WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5-1062, adopted a resolution approving amendments to the Lake County Watershed Development Ordinance on or about June 11, 2013, effective immediately; and, WHEREAS, the Mayor and City Council The City of Lake Forest find it to be in the best interests of The City of Lake Forest to require all development to meet, at least, the minimum standards prescribed by the W atershed Development Ordinance to the fullest extent practicable; and WHEREAS, three copies of the Lake County Watershed Development Ordinance have been on file in the Office of the City Clerk of The City of Lake Forest, and available for inspection, for not less than thirty (30) days. WHEREAS, The City of Lake Forest became the first community in the County of Lake to adopt the original Watershed Development Ordinance on June 19, 1992. 48 3 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of The City of Lake Forest, Lake County, Illinois, as follows: SECTION I: That there is hereby adopted by reference, as if fully set out herein, that certain ordinance known as the Lake County Watershed Development Ordinance, approved as amended by the County of Lake, State of Illinois, three copies of which have been, for a period of not less than thirty (30) days prior to the effective date hereof, and now are on file in the office of the City/Village Clerk. SECTION II: That in the event that the rules, regulations, terms or conditions imposed pursuant to the Lake County Watershed Development Ordinance are either more restrictive or less restrictive than comparable rules, regulations, terms or conditions imposed by any other applicable rule, regulation, resolution, ordinance, statute or law, then the most restrictive rules, regulations, terms or conditions shall govern. SECTION III: That Article IV: Planning – Watershed Development of Chapter 31 “Planning” of the City Code of the City of Lake Forest is amended by deleting existing Section 31-23, and replacing it with the following: SEC. 31-23: STORMWATER MANAGEMENT REGULATIONS: The Lake County Watershed Development Ordinance, as most recently amended by the County of Lake on June 11, 2013, is hereby adopted by reference and is in full force and effect within The City of Lake Forest and is found in its own compilation. SECTION IV: That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION V: That this Ordinance shall be in full force and effect ten (10) days after its passage, approval and publication in pamphlet form, as provided by law. 49 4 PASSED and approved by the Mayor and City Council of The City of Lake Forest, Lake County, Illinois, this _____ day of ______________, 2013 by a roll call vote as follows: Council Members AYE NAY 1. __________________ ____ ____ 2. __________________ ____ ____ 3. __________________ ____ ____ 4. __________________ ____ ____ 5. __________________ ____ ____ 6. __________________ ____ ____ 7. __________________ ____ ____ 8. __________________ ____ ____ 9. __________________ ____ ____ APPROVED THIS _____ DAY OF ______________, 2013; By:______________________________ MAYOR THE CITY OF LAKE FOREST ATTEST: _____________________________ Deputy City Clerk 50 5 STATE OF ILLINOIS ) ) ss. COUNTY OF LAKE ) I, ______________________ do hereby certify that I am duly appointed, qualified and acting as City Clerk of the City of Lake Forest, Lake County, Illinois, and keeper of the records and seal of said City, and that the attached and foregoing Ordinance is a true and correct copy of said Ordinance entitled: ORDINANCE NO. 2013 - _____ AN ORDINANCE ADOPTING BY REFERENCE OF THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, THIS _____ DAY OF ______________, 2013. In Witness Whereof, I have hereunto set my hand and caused to be affixed the Corporate Seal of the City of Lake Forest, Lake County, Illinois. Done at: Illinois this _____ day of ______________, 2013. (SEAL) _____________________________ Deputy City Clerk 51 6 CERTIFICATIONS I, ____________________, do hereby certify that I am the duly appointed, acting and qualified City Clerk of the City of Lake Forest, Lake County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and City Council of said City of Lake Forest. I do hereby further certify that at a regular meeting of the Mayor and City Council of the City of Lake Forest, held on the _____ day of _________________, the foregoing Ordinance entitled: “AN ORDINANCE ADOPTING BY REFERENCE OF THE LAKE COUNTY WATERSHED DEVELOPMENT ORDINANCE” was duly passed by the Mayor and City Council of the City of Lake Forest. The pamphlet form of Ordinance 2013 - _____, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the _____ day of _________________ 2013, and continuing for at least 10 days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk or City Engineer. I DO FURTHER certify that the original, of which the attached is true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this _____ day of __________________ 2013. ______________________________________ Margaret Boyer Deputy City Clerk City of Lake Forest, Lake County, Illinois 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 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-_____ AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 27 OF THE CITY CODE, AS AMENDED, REPEALING PROVISIONS FOR THE GORTON COMMUNITY CENTER COMMISSION Adopted by the Mayor and City Council of The City of Lake Forest this 5th day August, 2013. Published in pamphlet form by direction And authority of The City of Lake Forest Lake County, Illinois this 5th day of August, 2013. 88 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-_____ AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 27 OF THE CITY CODE, AS AMENDED, REPEALING PROVISIONS FOR THE GORTON COMMUNITY CENTER COMMISSION WHEREAS, The City of Lake Forest (the "City") is a home rule, special charter municipal corporation; and WHEREAS, the City is the owner of certain real property located at 400 East Illinois Road in Lake Forest, Illinois (“Property”), on which a center for community programming and events (the "Community Center") has been operated; and WHEREAS, on January 13, 1972, the City Council designated the Gorton Community Center, which organized itself as an Illinois not-for-profit corporation in 2003 (the "GCC"), as the official operating agency of the Community Center and the Property, with full responsibility to privately fund the operation and maintenance of the Community Center and the Property; and WHEREAS, on April 21, 1979, the City Council approved Ordinance #1096, which has been amended from time to time (the "Establishing Ordinance"), to codify the relationship between the City and the GCC with respect to the Property by creating the Gorton Community Center Commission (the "Gorton Commission"), a liaison body within the City, to interact with the GCC and establishing general terms related to the use and operation of the Property; and WHEREAS, from time-to-time, the City Council has amended the Establishing Ordinance to reflect the evolving role of the GCC vis-à-vis the City and the Gorton 89 2 Commission, changing uses of the Property, and on-going operations of the Community Center; and WHEREAS, changes in circumstances (including the July 1, 2013 approval of a new Operating Agreement between the City and GCC) have indicated that it will be in the best interests of the City and its residents to terminate the responsibilities of the Gorton Commission; and WHEREAS, the Mayor and City Council of The City of Lake Forest have determined that the amendments provided in this Ordinance are in the best interests and for the benefit and convenience of the City and its residents; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, ILLINOIS, THAT Section One: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as the findings of the City Council. Section Two: Amendment to Chapter 27 of the City Code. Article VI, entitled “Community Center Commission,” of Chapter 27, entitled “Parks and Playgrounds,” of the City Code of Lake Forest, is hereby deleted in its entirety, and Sections 27-60 through 27-63 shall hereafter be and read as follows: ARTICLE VI. [Reserved] Sec. 27-60. [Reserved] Sec. 27-61. [Reserved] Sec. 27-62. [Reserved] Sec. 27-63 [Reserved] 90 3 Section Three: Effective Date. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. PASSED this ___ day of _______________, 2013. AYES: NAYS: ABSENT: ABSTAIN: APPROVED this ___ day of ________________, 2013. ____________________________________ Mayor ATTEST: _____________________________ Deputy City Clerk 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE, AS AMENDED, RELATING TO CERTAIN ALCOHOLIC BEVERAGES LICENSES Adopted by the Mayor and City Council of The City of Lake Forest this 5th day August, 2013. Published in pamphlet form by direction And authority of The City of Lake Forest Lake County, Illinois this 5th day of August, 2013. 110 1 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE, AS AMENDED, RELATING TO CERTAIN ALCOHOLIC BEVERAGES LICENSES WHEREAS, the City has established licensing and other regulations related to the sale of alcoholic beverages in the City; and WHEREAS, the City Council, pursuant to its authority under the Illinois Compiled Statutes and its home rule authority, has determined that is in the best interests of the City and its residents to amend the City’s alcoholic beverages regulations in the manners hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Amendment to Section 4-5 of the City Code. Section 4-5, entitled "Give Away Prohibited" of Chapter 4, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that Section 4-5 shall hereafter be and read as follows: Sec. 4-5. GIVE AWAY PROHIBITED--- It shall be unlawful for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the City, an alcoholic beverage except that the giving away by a Class A-1 A-3 licensee, without charge, of beer and wine, or a Class B-1, C-2, or D-1 licensee, without charge, of alcoholic liquor wine in small and limited amounts for tasting 111 2 purposes only, immediately prior and incidental to, the sale of wine such alcoholic liquor in the original package for consumption off the premises shall not be considered a violation of this Section. Such give away, however, shall be subject to the following conditions and limitations: (a) the tastings shall be attended by and supervised by a full-time employee and only in a designated area on the licensed premises as approved by the Commissioner and designated in the license; (b) the actual amount of wine tasted may not exceed an ounce; and, (c) the sample shall be served in a container which shall be disposed of following sample. Furthermore, it is hereby declared unlawful to advertise the availability of "tasting" through any public media or other means of communication other than: (1) on the premises where the “tasting” will occur; or (2) by a direct mailing that provides the date and location of the “tasting.” Notification of the date and location of a particular “tasting” shall not be sent to more than 200 individual residences. Further, the provisions of this Section prohibiting give away or other dispensing of alcoholic beverages shall not apply to Class F-2, Class F-3 or Class F-4 licenses. SECTION THREE: Amendment to Section 4-10 of the City Code. Section 4-10, entitled "Number of Licenses" of Chapter 4, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that Section 4-10 shall hereafter be and read as follows: Sec. 4-10. NUMBER OF LICENSES---The number of liquor licenses issued by the City shall be limited as follows: Class Maximum Number of Licenses Authorized A-1 7 A-2 1 A-3 No more than the total number of Class A-1 Licenses issued by the City B-1 1 C-1 3 4 C-2 10 9 C-3 9 D-1 5 E-1 2 F-1 1 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 4 3 G-1 1 G-2 2 H-1 0 H-2 1 I-1 No more than the total number of Class B-1, C-1, C-2, C-3, D-1, 112 3 E-1, and F-1 Licenses issued by the City 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 nonrenewal of an existing license in any such license class. SECTION FOUR: 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. Passed this 5th day of August, 2013. AYES: NAYS: ABSENT: ABSTAIN: Approved this 5th day of August, 2013. _____________________________ Mayor ATTEST: _______________________________ Deputy City Clerk 113 114 115 116 117 118 119 120 121 122 123 124 125