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CITY COUNCIL 2013/07/15 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, July 15, 2013 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL Honorable Donald Schoenheider, Mayor 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 PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR 7:30 p.m. A. City Manager Contract Approval Annual review and approval of the City Manager Agreement with City. A Copy of the contract can be found starting on page 102 of your City Council packet. RECOMMENDED ACTION: Review and approval of the City Manager Agreement with the City. 2. COMMENTS BY CITY MANAGER 7:35 p.m. 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 PRESENTED BY DESHA KALMAR, DIRECTOR OF HUMAN RESOURCES 847.810.3530 The City recently reached agreement with the LFEA, the local association representing the Lake Forest Public Works, Parks, Forestry, Cemetery and Golf Course employees, regarding their collective bargaining agreement. The bargaining unit has ratified the contract, and it is now before the City Council for approval. The duration of the contract is three years, from May 1, 2013, through April 30, 2016. 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. 1 The seasonal employees covered by the contract will receive a 2.5% increase in 2013 as long as they are not at the top of the seasonal ranges, which are: Seasonal Laborer – $11 to $14/hour; Seasonal Maintenance Worker – $12 to $16/hour. The ranges will not index up. 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. Due to the fact that this is primarily a roll-over of the existing contract, the PCA Committee determined that they did not need to review it prior to City Council consideration. 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 3. COMMENTS BY COUNCIL MEMBERS 7:40 p.m. A. Finance Committee – Alderman Pandaleon Finance Committee Chairman ***PUBLIC HEARING ON THE CITY’S ANNUAL APPROPRIATION ORDINANCE*** Open Public Hearing Close Public Hearing Consideration of the Annual Appropriation Ordinance for FY2014 and Approval of Rollovers (Final Reading – Public Hearing Required) PRESENTED BY: ELIZABETH HOLLEB, FINANCE DIRECTOR (847) 810-3612 PURPOSE AND ACTION REQUESTED: Staff requests approving the final reading of the ordinance and the rollovers. BACKGROUND/DISCUSSION: While the annual municipal budget represents the City’s financial “plan” for expenditures over the course of the fiscal year, the annual Appropriation Ordinance is the formal legal mechanism by which the City Council authorizes the actual expenditures of funds budgeted in the annual budget. It appropriates specific sums of money by object and purpose of expenditures. State statutes require the passage of an Appropriation Ordinance which must be filed with the County Clerk by the end of July. The Appropriation Ordinance includes the Library, which was not included in the budget approved at the May 6, 2013 City Council meeting. The Library expenses are approved by the Library Board. The Debt Service payments were included in the budget approved at the May 6, 2013 City Council meeting, but are excluded from the Appropriation Ordinance. The ordinances approving the debt issues authorize these annual expenditures. The Appropriation Ordinance provides for a 10% “contingency” in the expenditures in an amount above those actually budgeted. Each separate fund 2 includes an item labeled “contingency” with an appropriate sum equivalent up to 10% of the total funds budgeted. This practice has been followed for the past thirty years and has worked very efficiently, while still providing for complete City Council control over budgeted expenditures. Importantly, the City Council and City staff follows the adopted budget as its spending guideline, not the Appropriation Ordinance. Without the contingency, the City Council would have to pass further modifications to the Appropriation Ordinance to cover any unforeseen expenditures exceeding the budget. A copy of the ordinance can be found starting on page 9. In addition, in order to provide more accurate and efficient accounting and budgeting of City funds, an annual rollover of funds is required. This eliminates both under and over budgeting of funds in the new fiscal year and is a widely used standard practice for most municipal governments. The items on the attached rollover list consist of projects that were appropriated in FY2013 and will not be completed until FY2014. School District 67 does not recognize the Appropriation Ordinance in their budgeting or auditing standards. However, due to the fact they are a special charter district, their budget must be included in our Appropriation Ordinance. School District 67 numbers are estimates and are subject to changes. 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 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 3 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 Grand Total $ 115,080,964 $ 115,680,019 $ 124,011,930 RECOMMENDED ACTION: Conduct a public hearing on the City’s FY14 Appropriations Ordinance. Upon closing the hearing, approval of the final 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. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 7:50 p.m. 1. Approval of the July 1, 2013 regular City Council minutes. A copy of the minutes can be found beginning on page 23 of your packet 2. Approval of the purchase of FY2014 computer workstations and laptops for all City departments. STAFF CONTACT: Elizabeth Holleb, Director of Finance/IT (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests City Council approval for the purchase of Dell computers, laptops, and a Panasonic Toughbook. The project is to replace the desktop computers and laptops that have aged beyond the City’s 6 year replacement program. BACKGROUND/DISCUSSION: The City has 40 desktop computers, 6 laptops, and 1 ruggedized laptop recommended for replacement in FY2014. All are considered end of 4 life (EOL) as they no longer have a warranty and most are starting to report reduced performance when performing common tasks. The oldest computers of this proposed replacement are 7 years old, with the average being 6 years old. The City’s current inventory of computers consists of 178 desktops, 39 laptops, 42 Toughbooks and 28 iPads. The proposed replacement desktop systems include higher efficiency / energy savings with Energy Smart power settings and a high-efficiency power supply. According to Dell’s Energy Savings Calculator, the City would save approximately 4,721 kWh annually. Additionally, performance increases of 19 times can be realized in processing speeds based on independent benchmark studies between the proposed computing platform and the oldest proposed replaced workstation. The City standardized all desktops and laptops with Dell products 13 years ago. The standardizations help staff to efficiently deploy, troubleshoot, and maintain the systems. Dell provides the City with government contract pricing based on the Midwestern Higher Education Compact (MHEC) contract pricing, Contract 45ABZ MHEC. MHEC is an instrumentality of state government founded in 1991 serving Illinois and eleven other states. Contracts must adhere to the purchasing policies of the MHEC member states. The City standardized all ruggedized laptops for heavy field use with Panasonic Toughbook products 13 years ago. This type of laptop is engineered to withstand drops, moisture, dust, debris, and to perform in harsh environments. CDS Office Technologies provides the City with Illinois State joint purchasing contract pricing based on Illinois Master Contract #CMS8291640. BUDGET/FISCAL IMPACT: On June 27, 2013, staff received the following pricing from Dell, Inc. for this project: Company Total Amount Dell, Inc. $36,027 On June 27, 2013, staff received the following pricing from CDS Office Technologies for this project: Company Total Amount CDS Office Technologies $3,325 FY2014 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Improvements Fund 311-0050-415.66-11 $40,000 $39,352 Y RECOMMENDED ACTION: If appropriate and should the City Council desire, waive the bid process and approve the purchase of 40 desktops and 6 laptops from Dell, Inc. in the amount of $36,027, and purchase of 1 ruggedized laptop from CDS Office Technologies in the amount of $3,325. Total purchase price for this project is $39,352. 5 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) 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. 104 Washington Circle – The Zoning Board of Appeals recommended approval of a variance from the front yard setback to allow construction of a replacement single family residence in a manner consistent with other residences along the street. 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 29. 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 Zoning Board of Appeals. 4. 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. 104 Washington Circle – 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. The Board received testimony from two neighbors stating general support of the project and requesting that drainage be carefully reviewed as part of the permitting process. (Board vote: 4-0, approved) 950 N. Western Avenue – The Building Review Board recommended approval of storefront alterations, building signage and the addition of a patio for two new commercial spaces in Westwood Square, the Westwood Bistro and the 950 Whiskey Bar. The Board heard testimony about the uses in general with general support for the upgrades to the building. (Board vote: 5-1, 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 37. The Ordinances and complete exhibits are available for review in the Community Development Department. 6 RECOMMENDED ACTION: Waive first reading and grant final approval of the Ordinances in accordance with the recommendations of the Building Review Board. RECOMMENDED ACTION: Approve the four (4) Omnibus items as presented. 6. ORDINANCES 8:00 p.m. 1. 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) PURPOSE AND ACTION REQUESTED The following recommendation from the Historic Preservation Commission is presented to the City Council for consideration. Several neighboring residents presented testimony to the Commission on this petition and there are ongoing concerns so this item has been placed on the Council’s regular agenda to allow a review of the issues and Council discussion. BACKGROUND/DISCUSSION 950 E. Westminster – The Historic Preservation Commission recommended approval of a building scale variance to allow construction of a detached garage with family room space on the second floor. A copy of the report presented to the Commission on this item is included in the Council packet beginning on page 53. A memorandum from the City Attorney is also included in the Council packet which provides additional background on building scale variances. (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 56 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 Historic Preservation Commission. 7. NEW BUSINESS 8:10 p.m. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 8:15 p.m. 9. ADJOURNMENT 8:30 p.m. 7 Office of the City Manager June 28, 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. 8 AN ORDINANCE MAKING APPROPRIATION FOR CORPORATE PURPOSES AND FOR THE PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS, FOR THE FISCAL YEAR COMMENCING MAY 1, 2013 AND ENDING APRIL 30, 2014 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, an Illinois special charter and home rule municipal corporation located in Lake County, Illinois, as follows: Section 1: That the following sums, or so much thereof as may be authorized by law, be and the same are hereby appropriated from the respective fund designated in this ordinance for the corporate purposes of The City of Lake Forest and for the objects and purposes stated herein according to departments and other separate agencies, and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, to defray the necessary expenses of the City and its Public Schools for the fiscal year commencing May 1, 2013 and ending April 30, 2014, GENERAL FUND General Government Appropriation Salaries and Benefits 2,701,386$ Supplies/Other Services and Charges 5,631,667 Contingency - to meet expenses of emergencies and optional expenses not otherwise provided for 3,132,944 TOTAL GENERAL GOVERNMENT 11,465,997$ Law Contractual Services 500,000$ TOTAL LAW 500,000$ Community Development Salaries and Benefits 1,422,075$ Supplies/Other Services and Charges 146,828 TOTAL COMMUNITY DEVELOPMENT 1,568,903$ Public Works Administration Salaries and Benefits 397,480$ Supplies/Other Services and Charges 56,035 TOTAL PUBLIC WORKS ADMINISTRATION 453,515$ Public Buildings Building Maintenance Salaries and Benefits 802,927$ Supplies/ Other Service and Charges 698,217 TOTAL PUBLIC BUILDINGS 1,501,144$ 9 Streets Appropriation Salaries and Benefits 941,688$ Supplies/ Other Service and Charges 748,894 TOTAL STREETS 1,690,582$ Sanitation Salaries and Benefits 1,200,565$ Supplies/ Other Service and Charges 1,037,042 TOTAL SANITATION 2,237,607$ Storm Sewers Salaries and Benefits 119,174$ Supplies/ Other Service and Charges 34,488 TOTAL STORM SEWERS 153,662$ Engineering Salaries and Benefits 480,185$ Supplies/ Other Service and Charges 79,359 TOTAL ENGINEERING 559,544$ Fire Administration Salaries and Benefits 4,392,552$ Supplies/ Other Service and Charges 1,324,337 Sub-Total 5,716,889$ Emergency Medical Services Supplies/ Other Service and Charges 32,000$ Sub-Total 32,000$ Fire Suppression Supplies/ Other Service and Charges 95,502$ Sub-Total 95,502$ TOTAL FIRE 5,844,391$ Police Salaries and Benefits 6,243,786$ Supplies/ Other Service and Charges 2,243,257 TOTAL POLICE 8,487,043$ TOTAL AMOUNT APPROPRIATED FROM THE GENERAL FUND 34,462,388$ 10 PARK AND PUBLIC LAND FUND Appropriation Park Improvements 324,805$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 32,481 TOTAL AMOUNT APPROPRIATED FROM THE PARK AND PUBLIC LAND FUND 357,286$ MOTOR FUEL TAX FUND Capital Improvements 100,000$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 10,000 TOTAL AMOUNT APPROPRIATED FROM THE MOTOR FUEL TAX FUND 110,000$ EMERGENCY TELEPHONE FUND Police Salaries and Benefits 173,247$ Supplies/ Other Service and Charges 99,773 Capital Equipment - Contingency to meet expenses for emergencies and expenses not otherwise provided for 27,302 TOTAL POLICE 300,322$ TOTAL AMOUNT APPROPRIATED FROM THE EMERGENCY TELEPHONE FUND 300,322$ ELAWA FARM - OPERATING FUND Supplies/Other Services and Charges 68,457$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 6,846 TOTAL AMOUNT APPROPRIATED FROM ELAWA FARM - OPERATING FUND 75,303$ 11 SENIOR RESOURCES COMMISSION FUND Appropriation Salaries and Benefits 345,016$ Supplies/Other Services and Charges 230,496 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 57,551 TOTAL AMOUNT APPROPRIATED FROM THE SENIOR RESOURCES COMMISSION FUND 633,063$ PARKS AND RECREATION FUND Recreation Recreation Programs Salaries and Benefits 3,078,015$ Supplies/ Other Service and Charges 1,877,681 Capital Equipment 6,250 Sub-Total 4,961,946$ Parks Equipment Reserve 162,312 Recreation Development Fund - Contingency to meet expenses of emergencies and expenses not otherwise provided for 857,427 TOTAL RECREATION SECTION 5,981,685$ Parks and Forestry Administration Salaries and Benefits 2,286,752$ Supplies/ Other Service and Charges 632,778 Capital Equipment 161,000 Sub-Total 3,080,530$ Grounds Maintenance Supplies/ Other Service and Charges 219,800$ Sub-Total 219,800$ Athletic Field Plg/Tennis Supplies/ Other Service and Charges 53,000$ Sub-Total 53,000$ Lakefront Facilities Supplies/ Other Service and Charges 32,000$ Sub-Total 32,000$ 12 Tree Trimming Appropriation Supplies/ Other Service and Charges 22,500$ Sub-Total 22,500$ Tree Removal Supplies/ Other Service and Charges 14,000$ Sub-Total 14,000$ Insect & Disease Supplies/ Other Service and Charges 17,630$ Sub-Total 17,630$ Tree & Shrub Planting/Care Supplies/ Other Service and Charges 10,550$ Sub-Total 10,550$ TOTAL PARKS AND FORESTRY SECTION 3,450,010$ TOTAL AMOUNT APPROPRIATED FROM THE PARKS AND RECREATION FUND 9,431,695$ SPECIAL RECREATION FUND Salaries and Benefits 45,370$ Supplies/Other Services and Charges 238,984 Capital Improvements 125,000 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 40,935 TOTAL AMOUNT APPROPRIATED FROM THE SPECIAL RECREATION FUND 450,289$ CEMETERY COMMISSION FUND Salaries and Benefits 321,364$ Supplies/Other Services and Charges 202,800 Debt Retirement 145,500 Capital Improvements 256,072 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 92,574 TOTAL AMOUNT APPROPRIATED FROM THE CEMETERY COMMISSION FUND 1,018,310$ PUBLIC LIBRARY FUND Appropriation 13 Library Services Salaries and Benefits 2,515,000$ Supplies/Other Services and Charges 980,600 Building Maintenance - Supplies/Other Services and Charges 152,725 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 394,833 Sub-Total 4,043,158$ Capital Equipment 100,000$ Capital Improvements 200,000 Sub-Total 300,000$ TOTAL AMOUNT APPROPRIATED FROM THE PUBLIC LIBRARY FUND 4,343,158$ FOREIGN FIRE INSURANCE FUND Supplies/Other Services and Charges 105,000$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 10,500 TOTAL AMOUNT APPROPRIATED FROM FOREIGN FIRE INSURANCE FUND 115,500$ DRUG ASSET FORFEITURE FUND Supplies/Other Services and Charges 9,000$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 900 TOTAL AMOUNT APPROPRIATED FROM DRUG ASSET FORFEITURE FUND 9,900$ ALCOHOL ASSET FORFEITURE FUND Supplies/Other Services and Charges 30,000$ Contingency to meet expenses of emergencies and expenses not otherwise provided for 3,000 TOTAL AMOUNT APPROPRIATED FROM ALCOHOL ASSET FORFEITURE FUND 33,000$ HOUSING TRUST FUND Supplies/Other Services and Charges 275,000$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 27,500 TOTAL AMOUNT APPROPRIATED FROM THE HOUSING TRUST FUND 302,500$ CAPITAL IMPROVEMENTS FUND Appropriation 14 Salaries and Benefits -$ Capital Equipment 152,000 Capital Improvements 11,797,235 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 1,194,924 TOTAL AMOUNT APPROPRIATED FROM THE CAPITAL IMPROVEMENTS FUND 13,144,159$ RT 60 BRIDGE FUND Capital Improvements 1,028,049$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 102,805 TOTAL AMOUNT APPROPRIATED FROM THE RT 60 BRIDGE FUND 1,130,854$ RT 60 INTERSECTION FUND Capital Improvements 550,322$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 55,032 TOTAL AMOUNT APPROPRIATED FROM THE RT 60 INTERSECTION FUND 605,354$ RT 60 FITZMORRIS FUND Capital Improvements 20,359$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 2,036 TOTAL AMOUNT APPROPRIATED FROM THE RT 60 FITZMORRIS FUND 22,395$ WATER AND SEWER FUND General Government Salaries and Benefits 185,272$ Supplies/Other Services and Charges 2,327,473 Debt retirement 2,213,020 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 797,780 TOTAL GENERAL GOVERNMENT 5,523,545$ Public Works Appropriation Salaries and Benefits 1,837,220$ 15 Supplies/Other Services and Charges 1,414,819 TOTAL PUBLIC WORKS ADMINISTRATION 3,252,039$ TOTAL AMOUNT APPROPRIATED FROM THE WATER AND SEWER FUND 8,775,584$ WATER AND SEWER CAPITAL FUND Capital Equipment 70,000$ Capital Improvements 1,802,999 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 187,300 TOTAL AMOUNT APPROPRIATED FROM THE WATER AND SEWER CAPITAL FUND 2,060,299$ DEERPATH GOLF COURSE FUND Administration Salaries and Benefits 532,064$ Supplies/Other Services and Charges 185,445 Capital Equipment 45,000 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 147,303 TOTAL ADMINISTRATION 909,812$ Course Maintenance Supplies/Other Services and Charges 216,212$ TOTAL COURSE MAINTENANCE 216,212$ 16 Clubhouse Appropriation Salaries and Benefits 84,038$ Supplies/Other Services and Charges 410,274 TOTAL CLUBHOUSE 494,312$ TOTAL AMOUNT APPROPRIATED FROM THE DEERPATH GOLF COURSE FUND 1,620,336$ FLEET FUND Salaries and Benefits 658,473$ Supplies/Other Services and Charges 1,221,097 Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 187,957 TOTAL AMOUNT APPROPRIATED FROM THE FLEET FUND 2,067,527$ LIABILITY INSURANCE FUND Supplies/Other Services and Charges 1,089,305$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 108,931 TOTAL AMOUNT APPROPRIATED FROM THE LIABILITY INSURANCE FUND 1,198,236$ SELF INSURANCE FUND Supplies/Other Services and Charges 4,815,500$ Contingency to meet expenses for emergencies and capital improvements not otherwise provided for 481,550 TOTAL AMOUNT APPROPRIATED FROM THE SELF INSURANCE FUND 5,297,050$ FIREFIGHTERS' PENSION FUND Other Services and Charges 1,640,000$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 164,000 TOTAL AMOUNT APPROPRIATED FROM THE FIREFIGHTERS' PENSION FUND 1,804,000$ 17 POLICE PENSION FUND Appropriation Other Services and Charges 2,075,000$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 207,500 TOTAL AMOUNT APPROPRIATED FROM THE POLICE PENSION FUND 2,282,500$ Public Schools THE CITY OF LAKE FOREST School District No. 67 From the Education Fund 27,074,352$ From the Operations, Building and Maintenance Fund 2,827,125 From the Capital Projects Fund 574,928 From the Illinois Municipal Retirement/Social Security Fund 680,934 From the Working Cash Fund - From the Transportation Fund 1,203,583 TOTAL AMOUNT APPROPRIATED FOR PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST (School District No. 67)32,360,922$ 18 Summary of the Amounts Appropriated From the Several Funds Fund Appropriation General 34,462,388$ Park and Public Land 357,286 Motor Fuel Tax 110,000 Emergency Telephone 300,322 Elawa Farm - Operating 75,303 Senior Resources Commission 633,063 Parks and Recreation 9,431,695 Special Recreation 450,289 Cemetery Commission 1,018,310 Public Library 4,343,158 Foreign Fire Insurance 115,500 Drug Asset Forfeiture 9,900 Alcohol Asset Forfeiture 33,000 Affordable Housing 302,500 Capital Improvements 13,144,159 Rt. 60 Bridge 1,130,854 Rt. 60 Intersection 605,354 Rt. 60 - Fitzmorris 22,395 Water and Sewer 8,775,584 Water and Sewer Capital Fund 2,060,299 Deerpath Golf Course 1,620,336 Fleet 2,067,527 Liability Insurance 1,198,236 Self Insurance 5,297,050 Firefighters' Pension 1,804,000 Police Pension 2,282,500 Sub-Total 91,651,008$ The City of Lake Forest School District No. 67 Education 27,074,352$ Operations, Building and Maintenance 2,827,125 Capital Projects 574,928 Illinois Municipal Retirement/Social Security 680,934 Working Cash - Transportation 1,203,583 Sub-Total 32,360,922$ GRAND TOTAL 124,011,930$ 19 Section 2: That any sum of money heretofore appropriated and not expended now in the Treasury of The City of Lake Forest, or that hereafter may come into the Treasury of The City of Lake Forest, is hereby reappropriated by this Ordinance. Section 3: That the funds derived from sources other than the 2012 tax levy and other revenue pledged for specific purposes may be allotted by the Mayor and City Council to such appropriations and in such amounts respectively, as said Corporate Authorities may determine within the limits of said appropriations, respectively, insofar as doing same does not conflict with the law. Section 4: That any unexpended balances of any items of any general appropriation made by this Ordinance may be expended in making up any deficiency in any other item in the same general appropriation made by this Ordinance and is hereby appropriated therefore. Section 5: That any sum of money received for a specific purpose or category of expenditure from any source other than real estate taxes (including without limitation grants and donations) that is not specifically authorized by this appropriation ordinance shall be authorized for expenditure upon acceptance of such sum of money by the City, provided that such expenditure is approved in accordance with applicable City ordinances and procedures. Section 6: That the sum of money that the Corporate Authorities of the City (or such subordinate body of the City empowered to authorize the expenditure of funds) have approved, or will approve, to satisfy a lawful debt of the City, and for which money is available in the Treasury (or in the specific fund over which a subordinate body may have authority) at the time of such approval, is hereby appropriated by this ordinance. Section 7: That if any item or portion thereof of this Appropriation Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portion of such item or the remaining portions of this Ordinance. Section 8: The City Council shall at any time have the power, to make transfers of sums of money appropriated for one corporate object or purpose, but no appropriation for any object or purposes shall thereby be reduced below any amount sufficient to cover all obligations incurred or to be incurred against such appropriation. Section 9: At any time during the fiscal year when an expenditure shall exceed the amounts set forth in this ordinance and there are funds available in the City's Treasury, the City Council may approve such expenditure and grant a supplemental appropriation for such purpose contemporaneously. Section 10: This ordinance shall be in force ten (10) days from and after its 20 passage, approval and publication. PASSED THIS ____ day of ________________, 2013 ____________________________________________ APPROVED THIS ____ day of ________________, 2013 _____________________________________________ ATTEST: ______________________________________ City Clerk That this ordinance be published in pamphlet form and be made available to the public at the City Hall service counter. 21 VENDOR DESCRIPTION Balance American Legal Publishing Codification project 11,688.75$ Assistive Hearing Hearing loop for Council Chambers 5,996.00$ Teska Associates TIF redevelopment plan for Laurel Avenue 29,502.79$ Client First IT Services 23,586.75$ IT Training IT Training 15,000.00$ Bruce Brugioni Limestone restoration 9,585.50$ Core Mechanical Everett School HVAC 4,435.00$ ACS Government Firehouse interface 17,095.00$ DSI ImageTrend interface - additional memory 5,000.00$ New World Systems Firehouse interface 5,000.00$ GENERAL FUND 126,889.79$ Pieper Electric Inc Lighting project 19,805.00$ PARKS AND PUBLIC LAND 19,805.00$ Carey's Heating South Park HVAC 6,395.00$ Core Mechanical Everett School HVAC 13,605.00$ K & M Marketing Football Helmets 8,900.00$ Liquid Waste Technologies Cutterhead assembly 10,312.00$ PARKS AND RECREATION FUND 39,212.00$ Conservation Design Ravine engineering 6,072.35$ CEMETERY FUND 6,072.35$ Muzak LLC Audio/Visual System City Hall 50,610.00$ MS Customer Counter MS Customer Counter 10,000.00$ Emergency Operations Center Emergency Operations Center 10,000.00$ Client First Website Design 4,277.50$ IT Capital Projects IT 5 Yr Capital Projects 61,000.00$ Selectron Technologies Voice response upgrade 5,500.00$ Acronis International Private Cloud 5,000.00$ Bleck Engineering Final plan sets for Forest Park 2,716.25$ Homestead Electric Generator - Rec Center 21,050.00$ Tec Electric Panel replacements at Rec Center 8,540.00$ Steiner Electric Panel 9,504.00$ T Y Lin CBD Trail 52,798.37$ C & H Distributors Lockers & benches 27,547.00$ Core Mechanical Everett School HVAC 50,000.00$ Pete The Painter Painting at Sterling Hall 8,990.00$ CAPITAL IMPROVEMENTS FUND 327,533.12$ Strand Associates Professional services 18,693.82$ Illinois Pump Rebuild pump 7,251.00$ Illinois Pump Rebuild pump 6,100.00$ WATER AND SEWER FUND 32,044.82$ R J Underground Onwentsia water main 47,498.85$ WATER CAPITAL IMPROVEMENT FUND 47,498.85$ GRAND TOTAL OF ALL FUNDS 599,055.93$ 22 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 23 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. 24 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 25 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. 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. 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. 26 Public comment were taken from: 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 27 Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. 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 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AGREEMENT, executed this 1st day of May, 2013 by and between the CITY OF LAKE FOREST, A Municipal Corporation of Illinois (hereinafter called "CITY") and ROBERT R. KIELY, JR. (hereinafter called "EMPLOYEE"); WHEREAS, the CITY has employed the services of ROBERT R. KIELY, JR. since November 19, 1990 as City Manager of the CITY and the EMPLOYEE desires to continue said employment, and WHEREAS, the parties intend by this Agreement to set forth their entire understanding regarding the employment of the EMPLOYEE as City Manager. NOW, THEREFORE, in consideration of the promises and agreements hereinafter set forth, the parties agree as follows: 1. EMPLOYMENT AND DUTIES The City hereby agrees to employ ROBERT R. KIELY, JR. as City Manager. The EMPLOYEE shall perform all duties of the City Manager as set forth in the CITY's Charter, its Ordinances and the Statutes of the State of Illinois and such other duties and functions as may be assigned to him by the Mayor and City Council from time to time. 2. TERM The EMPLOYEE serves for an indefinite term at the pleasure of the Mayor and City Council of the CITY. Nothing in this Agreement shall prevent, limit or otherwise interfere with the rights of the Mayor and City Council to terminate the employment of the EMPLOYEE at any time with or without cause, subject only to the provisions set forth herein. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position as City Manager, subject only to the provisions herein. 102 3. TERMINATION AND SEVERANCE PAY In the event EMPLOYEE shall be terminated by the Mayor and City Council, the CITY shall give the EMPLOYEE ninety (90) days written notice of such termination. At the end of the ninety (90) days, the CITY agrees to pay the EMPLOYEE a lump sum cash payment equal to nine (9) months base salary. Further, for a period of nine (9) months following termination, the CITY agrees to pay all premiums for insurance benefits for which the EMPLOYEE is entitled to receive continuation coverage under COBRA. No such lump sum cash payment or continued benefits as set forth above shall be due to the EMPLOYEE if such termination is a result of a conviction of any felony or a conviction of any crimes involving moral turpitude damaging the integrity of the CITY. In the event the EMPLOYEE voluntarily resigns, then he must give the CITY a minimum two (2) months advance notice in writing unless otherwise modified by the Mayor and City Council. In the event the CITY at any time reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all employees of the CITY, or in the event the CITY refuses, following written notice, to comply with any other material provision benefiting EMPLOYEE herein, or EMPLOYEE resigns following a formal suggestion by the Board that he resign, then, in that event, EMPLOYEE may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply, or when EMPLOYEE resigns following a formal suggestion by the Board that he do so, and EMPLOYEE will be entitled to all severance pay described above just as if he had been terminated by the CITY. 103 Upon any termination of EMPLOYEE (whether voluntary or involuntary), EMPLOYEE shall be entitled to compensation for any accrued but unused vacation or leave time in the manner required by law and as set forth in the CITY's then-applicable Personnel Policies and Procedures. 4. DISABILITY If the EMPLOYEE becomes disabled or is otherwise unable to perform his duties with reasonable accommodation because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks or for twenty (20) working days over a thirty (30) working day period, beyond any accrued sick leave, the CITY shall have the option to terminate this Agreement, subject to termination and severance pay requirements. However, EMPLOYEE shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits in the manner required by law and as set forth in the CITY's then-applicable Personnel Policies and Procedures. 5. SALARY The CITY agrees to pay EMPLOYEE for his services rendered pursuant hereto an annual base salary One Hundred and Ninety-one Thousand Seven Hundred ($191,700) payable in installments at the same time as other employees of the CITY are paid and adjusted from time to time as the parties may agree. 6. PERFORMANCE EVALUATION A. The Council shall review and evaluate the performance of the EMPLOYEE at least once annually. This review and evaluation shall be in accordance with specific criteria developed jointly by the EMPLOYEE and the Council. The criteria may be added to or deleted from as the Council may from time to time determine, in consultation with the EMPLOYEE. Further, the Mayor shall 104 provide the EMPLOYEE with a written statement summary of the findings of the Council and provide an adequate opportunity for the EMPLOYEE to discuss his/her evaluation with the Council. B. Annually, the Council and EMPLOYEE shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the Council’s policy objectives, and shall further establish a relative priority among those various goals and objectives, such goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 7. VACATION The EMPLOYEE shall be entitled to the same vacation benefits during each calendar year received by all CITY management employees from time to time. 8. DEFERRED COMPENSATION The CITY agrees to execute all necessary agreements provided by the International City Management Association Retirement Corporation (ICMA-RC) for the EMPLOYEE's participation in a 457 or 401 plan and, in addition to the base salary paid by the CITY to the EMPLOYEE, the CITY agrees to pay an amount equal to seventeen percent (17%) of the EMPLOYEE's base salary into the ICMA-RC on EMPLOYEE's behalf, in equal proportionate amounts each pay period The CITY agrees that, upon resignation or termination of EMPLOYEE, EMPLOYEE shall be and remain fully vested in such plan and, to the extent permitted by the plan, the CITY agrees to transfer its interests in such plan to EMPLOYEE's succeeding employer. 105 9. WAIVER The CITY agrees to waive the EMPLOYEE's annual fees at the Deerpath Golf Course and the EMPLOYEE’S and his family’s fees for any Lake Forest Recreation Department programs or activities they may participate in. 10. MEDICAL AND DENTAL BENEFITS The EMPLOYEE shall receive the standard medical and dental benefits received by all CITY management employees from time to time. 11. LIFE INSURANCE The EMPLOYEE shall receive the same life insurance as is provided to all CITY management employees from time to time. 12. PROFESSIONAL DEVELOPMENT In order to maintain the EMPLOYEE's professional standing and continued education, the CITY agrees to pay the reasonable cost of the EMPLOYEE's dues in professional associations and other reasonable expenses of professional development, and attendance at state and national city management conferences. 13. OUTSIDE ACTIVITIES The employment provided for by this Agreement shall be the Employee’s sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the CIT Y and the community, the Employee may, subject to the approval of the Mayor, accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not interfere or conflict with his responsibilities under this Agreement. 106 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT All provisions of the City Charter, the City Code and Regulations and Rules of the CITY relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended shall also apply to the EMPLOYEE as they would to other employees of the CITY except as specifically set forth herein. The parties acknowledge that the "Housing Loan" previously provided to EMPLOYEE as part of this Agreement has been fully satisfied, and, upon request of EMPLOYEE, the CITY agrees to execute and record an appropriate release relating to such Housing Loan. 15. INDEMNIFICATION The CITY shall defend, save harmless and indemnify EMPLOYEE against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of EMPLOYEE’s duties as City Manager. The CITY will have the right to compromise and settle any such claim or suit and thereupon pay the amount of any settlement or judgment rendered thereon. 16. GENERAL PROVISIONS This Agreement constitutes the entire Agreement between the parties and it shall be binding upon and inure to the benefits of the heirs, executors, successors and assigns of the parties. This Agreement may only be amended by written instrument executed by both parties and each provision hereof shall be deemed severable. Neither party may assign their rights or obligations under this Agreement without the express written consent of the other party. This agreement supersedes all prior agreements between the parties regarding the matters herein set forth. This Agreement shall be construed under the laws of the State of Illinois. 107 17. NOTICES Any notice required under this Agreement shall be deemed given when deposited in the United States Postal Service, postage prepaid, addressed as follows: CITY: MAYOR, CITY OF LAKE FOREST CITY HALL LAKE FOREST, IL 60045 ROBERT R. KIELY, JR.: CITY MANAGER CITY HALL LAKE FOREST, IL 60045 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. MAYOR, THE CITY OF LAKE FOREST ATTEST: DEPUTY CITY CLERK ROBERT R. KIELY, JR. 7/1/13 108