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CITY COUNCIL 2014/05/19 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA May 19, 2014 Special Start Time 6:30 p.m. City Hall Council Chambers Honorable Mayor, Donald Schoenheider Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward David Moore, Alderman Second Ward Michael Adelman, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL 6:30 p.m. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (1), The City Council will be discussing personnel matters. (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body and (21) The City Council will be reviewing the minutes of the April 21 City Council Executive Session. Adjournment into executive session RECONVENE INTO REGULAR SESSION 7:30 p.m. PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Resolution of Sympathy for Robert D Stuart, Jr. A copy of the Resolution can be found on page 9 B. Proclamation in Support of Lake Forest Day on August 6, 2014 A copy of the Proclamation can be found on page 10. C. Discussion on City Council meeting Schedule. The meeting schedule that was approved at the May 5 City Council is attached for review and discussion on page 11. D. A Resolution reinstating the Lawrence R. Temple Distinguished Public Service Award Committee PURPOSE AND ACTION REQUESTED: Staff is seeking direction in creating a proposed Resolution reinstating the Larry Temple Distinguished Public Service Award Committee. 1 May 19, 2014 City Council Agenda BACKGROUND/DISCUSSION: The Larry Temple Award honors a living volunteer to local government in The City of Lake Forest for distinguished public service. Individuals selected for this award must demonstrate leadership, responsiveness to the public and Staff, duration and scope of service, constructive participation in meetings and the ability to represent the Communities values. A copy of the previous Resolution and nomination form can be found beginning on page 12. COUNCIL ACTION: Direct Staff to create a Resolution for Council approval reinstating the Lawrence R. Temple Distinguished Public Service Award Committee. D. Resolutions of Appreciation for Retiring Members of Boards and Commissions as follows: CROYA Youth Executive Committee 2013-2014 Chair: Jack Williams Vice Chair: Kate Whalley CSL Chair: Martha Stride CSL Vice Chairs: Lilah Henry & Kelli Jacobs Parliamentarians: Mark DiValerio & Emily Rule Fundraising Chairs: Isabelle Block, Abby Bowman & Matt Shea Topic Night Chairs: James Flannery & Liam Gayter Public Relations Chairs: Sophie Marasco, Jianna Santello & Maikal Yamauchi Cable/Tech Chair: Joey Franklin & Spencer Welte CROYA Foundation Chair: Annie Kotlarz CROYA/Woodlands Liaison: Margaret Andersen CROYA/Lake Forest Academy Liaison: Tommy Chandler Music Liaisons: Jamie Flint & Graham Ulmer A copy of the Resolutions can be found beginning on page 14. COUNCIL ACTION: Approve Resolutions of Appreciation 2. COMMENTS BY CITY MANAGER A. Community Spot Light- McKlintock Post 264 American Legion Tom Marks, Commander B. Request for Special Event Permit by Market House on the Square, MH Fish House PRESENTED BY: Robert Kiely, City Manager PURPOSE AND ACTION REQUESTED: Mark Westcott, Owner of Market House on the Square, MH Fish House is requesting a Special Event permit that allows him to host two music events on Southgate between Bank Lane and Forest Avenue. The Events will be held on June 8 and in September, 2014. BACKGROUND AND DISCUSSION: In 2013 and 2014 Market House on the Square held Oktoberfest with one Officer present. There were no major incidents reported to or by the 2 May 19, 2014 City Council Agenda Police. For this Special Event request the logistics include a band set up on Southgate at the corner of Southgate and Bank Lane, and tables and seating set on Southgate so residents can enjoy the band. Market House is responsible for enforcing identification of attendees and monitoring of the event. They generally expect approximately 100 people to attend each event. City Staff has classified this as a “Class A” Special Event, which is outlined in ADMINISTRATIVE DIRECTIVE 1-17 (attached beginning on page 37). Staff recommends approval that allows Market House on the Square, MH Fish House to host both events with the following conditions: one month notification of event date to City staff in order to schedule City services, one police officer present at the event, a temporary fence installed at Southgate and Bank Lane, Southgate and Forest and both Amidei entrances, paid by Market House on the Square, MH Fish House, notification to the surrounding businesses, a $1 million certificate of insurance naming the City as additionally insured is required. At the conclusion of the event(s), staff will meet to identify if there is any areas of concerns for future events. If Mr. Westcott chooses to have similar events in the future, staff recommends Mr. Westcott present his request to City Council for final approval. COUNCIL ACTION: Approve Special Event Permit to Market House on the Square, MH Fish House to host for (2) two events during Fiscal Year 2014 3. COMMENTS BY COUNCIL MEMBERS 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the May 5, 2014 First and Second Session City Council meeting Minutes A copy of the minutes begins on page 44. 2. Approval only for the April 21, 2014 City Council Executive Session 3. Approval of a recommendation from the Park & Recreation Board to adopt the Memorial Tree and Bench Policy STAFF CONTACT: Chuck Myers, Superintendent of Parks & Forestry, 810-3565 PURPOSE AND ACTION REQUESTED: The Parks and Recreation Board and Staff are seeking approval of a Memorial Tree and Bench Policy to establish guidelines, standards and procedures for all tree and bench donations. 3 May 19, 2014 City Council Agenda BACKGROUND/DISCUSSION: The City of Lake Forest receives numerous inquiries from individuals and organizations about donations and memorials to the City’s parks and facilities. The intent of the Memorial Program is to create a program that is flexible and responsive to the needs of our community’s donors and to establish policies and procedures for accepting donations made for the benefit of the City properties managed by the Parks and Recreation Department. A copy of the proposed Memorial Tree and Bench Policy and the application form has been provided in this packet beginning on page 56. The policy was reviewed at the March 18, 2014 Parks and Recreation Board meeting, the board unanimously approved to move forward with the policy. COUNCIL ACTION: Approval of a recommendation from the Park & Recreation Board to adopt the Memorial Tree and Bench Policy. 4. Award of Contract for Resurfacing the Deerpath Park Walking Path as Included in the FY15 Capital Plan STAFF CONTACT: Chuck Myers, Superintendent of Parks & Forestry, 810-3565 PURPOSE AND ACTION REQUESTED: The Park & Recreation Board and Staff are recommending awarding a contract to Allstar Asphalt Inc. for resurfacing the asphalt walking path at Deerpath Park. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Parks and Recreation Board 3/18/14 Recommend Approval Stormwater Management Commission (SMC) 3/20/14 Watershed Development Permit Issued School District #67 4/05/13 Agreeable to Trail Adjustment BACKGROUND/DISCUSSION: The Deerpath Park Trail Re-Configuration/Resurfacing Project was approved as a part of the FY15 Capital Improvement Plan. The current trail is in poor condition and creates safety concerns in this heavily used park. The project includes the removal of the western portion of the path (1,160 linear feet) that is prone to frequent flooding and the addition of 650 feet of new trail to the east to provide a complete loop in the park. The project also includes the milling and resurfacing of the existing asphalt trail that is approximately 2,500 linear feet. In addition, the project includes connecting the trail to each of the four baseball diamonds with a short path for ADA compliance. BUDGET/FISCAL IMPACT: On January 30, 2014, City staff performed a bid opening for the Deerpath Park Trail Re-Configuration and Resurfacing Project. The project will begin in July and be completed in August and will be funded through the Parks and Public Land Fund as budgeted in the FY’15 CIP. 4 May 19, 2014 City Council Agenda Staff received six (6) bids that are summarized below: Bidder Total Bid Amount Allstar Asphalt Inc. $89,241.00 Maneval Construction Inc. $104,159.40 Alamp Concrete Contractors $105,760.00 Schroeder Asphalt Services Inc. $112,169.00 Chicagoland Paving Contractors $114,996.75 Peter Baker & Son Co. $143,437.00 Allstar Asphalt Inc. has worked for the City in the past with satisfactory results. The Park and Recreation Board and Staff are recommending the approval of a contract with Allstar Asphalt Inc. for $89,241and an additional $4,500 as a 5% contingency, for a total of $93,741. Below is an estimated summary of Project budget: FY ’14 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Parks & Public Land Fund $100,000 $93,741 Y COUNCIL ACTION: The Park & Recreation Board and Staff recommend awarding a contract to Allstar Asphalt Inc. for resurfacing the asphalt walking path at Deerpath Park in the amount of $93,741 to include authorization to expend a five percent contingency, if necessary, for unforeseen change orders that may occur during the administration of the project. 5. Consideration of an Ordinance approving a Fee for the impoundment of vehicles used in the commission of DUI-related offenses within The City of Lake Forest (Final Reading) PRESENTED BY: Chief of Police Jim Held (847-810-3802) PURPOSE AND ACTION REQUESTED: Staff requests final reading of an Ordinance instituting a $500 fee for impounding vehicles incident to an arrest for Driving Under the Influence or Driving While License Suspended or Revoked, where the cause of action is a previous driving under the influence arrest. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments 5 May 19, 2014 City Council Agenda City Council 4/21/2014 First reading Approval Legal Committee 2/25/2014 Reviewed and Approved BACKGROUND/DISCUSSION: Illinois state law allows municipalities to enact local ordinances that charge impound fees when drivers are arrested for a variety offenses and their vehicles are subsequently impounded. Among these are the offenses of driving under the influence and driving while license suspended or revoked. Both offenses are routinely enforced by the Police Department. Both offenses directly affect public safety within the City, and both offenses can be costly to investigate and prosecute, the cost of which is borne primarily by the City. Several nearby communities, including Bannockburn, Buffalo Grove, Highland Park, Gurnee and Waukegan, have enacted similar fees in recent years to enable their communities to recoup some of their costs of making and prosecuting these arrests while increase the deterrent value of the arrests themselves. Pursuant to state law, vehicle owners impacted by the fee would have right to an administrative hearing with an administrative hearing officer to contest the application of the fee. These hearing would take place at the monthly administrative hearing dates currently held at City Hall. BUDGET/FISCAL IMPACT: Using an average of 47 DUI arrests each year over the last four years as a guide, the fee could reasonably be expected to earn at least $23,500 per year. All fees collected would be deposited into the City’s alcohol asset forfeiture fund which may be used to fund DUI-related training and equipment. COUNCIL ACTION: Grant final approval of the Ordinance (page 60) approving an impoundment fee for impounding vehicles incident to an arrest for Driving Under the Influence or Driving While License Suspended or Revoked, where the cause of action is a previous driving under the influence arrest. COUNCIL ACTION: Approve the five (5) Omnibus items as presented. 6. ORDINANCES 7. NEW BUSINESS 1. Consideration of a Recommendation from the Plan Commission in Support of the Mendino Duplex Development. (First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY: Catherine Czerniak, Director of Community Development (810-3504) 6 May 19, 2014 City Council Agenda PURPOSE AND ACTION REQUESTED: The property owner, Mr. Mendino, is requesting approval of a duplex development through the Planned Apartment Development provisions in the City Code. Approval of the related subdivision plat, consolidating the existing two lots into one, is also requested. BACKGROUND/DISCUSSION: The properties proposed for development are located on the east side of McKinley Road, north of the northern driveway exit from Lake Forest High School. The properties abut the high school athletic fields to the east and along a portion of the north property line, and front on McKinley Road to the west. In September, 2011, the Plan Commission considered a previous development proposal for this property. The plan presented at that time proposed a higher density of development and less open space than the plan that is now forwarded to the Council with a recommendation for approval. The previous plan also required variances from the Code; no variances are requested as part of the previous proposal. Although several neighboring residents voiced concern over the previous proposal, the only testimony heard by the Commission on the present proposal had to do with the species proposed for planting. The property proposed for development consists of two parcels. A duplex building with an attached single car garage is currently located on the site. The two new duplex buildings will replicate the existing building to create a unified development. A single family house located on the site will be demolished as part of this project. The property will remain in a single ownership after development and all of the living units will be offered as rental units. In summary, the Plan Commission complimented the property owner for the revisions made to the plan to bring it into conformance with applicable regulations and to address concerns previously raised by neighbors. The Commission also recognized that the type of living units provided are appropriate for the location and meet a need in the community. The Plan Commission’s report, the site plan and the plat of subdivision are included in the Council’s packet following the ordinance. The approving ordinance is included in the Council packet beginning on page 68. COUNCIL ACTION: If desired by the City Council, waive first reading and grant final approval of an Ordinance approving the Mendino Planned Apartment Development. The plat of subdivision is included and will be approved as a part of the Ordinance. 8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9. ADJOURNMENT Office of the City Manager May 14, 2014 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 7 May 19, 2014 City Council Agenda 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 RESOLUTION OF SYMPATHY WHEREAS, on behalf of The City of Lake Forest, the City Council expresses its sadness at the profound loss of Robert D. Stuart, Jr. on May 8, 2014; and WHEREAS, the Stuart Family is one of Lake Forest’s founding families, helping to create the community character, establishing philosophies of excellence to pass on to the City’s future generations; and WHEREAS, Bob Stuart was a longtime and valued resident of Lake Forest, a well-respected and beloved family man, philanthropist and community role model; and WHEREAS, Bob Stuart spearheaded and helped support many Lake Forest institutions and traditions, including Lake Forest College, the First Presbyterian Church of Lake Forest, Gorton Community Center, Lake Forest Open Lands Association, American Legion Post 264, CROYA, Dickinson Hall, Lake Forest-Lake Bluff Historical Society; Conway Farms Golf Club; and WHEREAS, Bob Stuart was a leader in the Chicago business community, most notably as Chief Executive Officer of the family business, Quaker Oats; and WHEREAS, Bob Stuart served as President Reagan’s ambassador to Norway from 1984 to 1989; and WHEREAS, Bob Stuart, a beloved husband to the late Barbara Edwards Stuart and beloved husband to Lilllan, brother of Margaret Hart, loving father of James Stuart, Alexander Stuart and Marian Pillsbury, adoring grandfather and great-grandfather; and WHEREAS, Bob Stuart was a kind and gracious 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 family. Dated: May 19, 2014 _____________________________ Mayor PROCLAMATION WHEREAS, the McKinlock Post 264 of the American Legion has undertaken to provide appropriate exercises and entertainment in celebration of LAKE FOREST DAY on WEDNESDAY, AUGUST 6, 2014 with a view to bringing together the people of our City in the furtherance of civic interest and advancement of community fellowship; and WHEREAS, the McKinlock Post 264 of the American Legion honors Lake Forest residents, employees, neighbors and friends by adopting the theme “Lake Forest American Legion Salutes Local Businesses” THEREFORE, be it hereby proclaimed that said LAKE FOREST DAY celebration is declared to be a City Fair and in pursuance thereof, and TUESDAY, AUGUST 5, 2014, and WEDNESDAY, AUGUST 6, 2014, shall be observed as a holiday in The City of Lake Forest and our people are urged to forsake their ordinary pursuits and gather in West Park in a spirit of comradeship and good will in support of the ideals of our City. Donald Schoenheider, Mayor 10 Date of City Council 2014-2015 Location COW/FC Time City Council meeting begin May 5, 2014 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. May 19, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. June 2, 2014 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. June 16, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. July 7, 2014 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. July 21, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. August 4, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. August 18, 2014 No Meeting **September 2, 2014 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M September 15, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. October 6, 2014 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. October 20, 2014 COUNCIL CHAMBERS. FC 6:30 P.M. 7:30 P.M. November 3, 2014 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. November 17, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. December 1, 2014 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. December 15, 2014 No Meeting January 5, 2015 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. **January 20, 2015 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. February 2, 2015 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. **February 17, 2015 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. March 2, 2015 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. March 16, 2015 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. April 6, 2015 COUNCIL CHAMBERS COW 6:30 P.M. 7:30 P.M. April 20,2015 COUNCIL CHAMBERS FC 6:30 P.M. 7:30 P.M. ** this date represents a change from the traditional dates due to Holiday or other conflicts 11 12 13 RESOLUTION OF APPRECIATION WHEREAS JACK WILLIAMS has served The City of Lake Forest as CHAIRMAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Jack Williams for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. _____________________________ Mayor 14 RESOLUTION OF APPRECIATION WHEREAS KATE WHALLEY has served The City of Lake Forest as VICE CHAIR May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Kate Whalley for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. _____________________________ Mayor 15 RESOLUTION OF APPRECIATION WHEREAS MARTHA STRIDE has served The City of Lake Forest as CSL CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Martha Stride for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. _____________________________ Mayor 16 RESOLUTION OF APPRECIATION WHEREAS LILAH HENRY has served The City of Lake Forest as CSL VICE-CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to LiLah Henry for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. _______________________________ Mayor 17 RESOLUTION OF APPRECIATION WHEREAS KELLI JACOBS has served The City of Lake Forest as CSL VICE-CHAIRMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Kelli Jacobs for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. Mayor 18 RESOLUTION OF APPRECIATION WHEREAS MARK DIVALERIO has served The City of Lake Forest as PARLIAMENTARIAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Mark DiValerio for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. Mayor 19 RESOLUTION OF APPRECIATION WHEREAS EMILY RULE has served The City of Lake Forest as PARLIAMENTARIAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Emily Rule for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. Mayor 20 RESOLUTION OF APPRECIATION WHEREAS MATT SHEA has served The City of Lake Forest as FUNDRAISING CHAIRMAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Matt Shea for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. __________________________ Mayor 21 RESOLUTION OF APPRECIATION WHEREAS ISABELLE BLOCK has served The City of Lake Forest as FUNDRAISING CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Isabelle Block for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ______________________________ Mayor 22 RESOLUTION OF APPRECIATION WHEREAS ABBY BOWMAN has served The City of Lake Forest as FUNDRAISING CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Abby Bowman for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 23 RESOLUTION OF APPRECIATION WHEREAS JAMES FLANNERY has served The City of Lake Forest as TOPIC NIGHT CHAIRMAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to James Flannery for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. _________________________ Mayor 24 RESOLUTION OF APPRECIATION WHEREAS LIAM GAYTER has served The City of Lake Forest as TOPIC NIGHT CHAIRMAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Liam Gayter for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. __________________________ Mayor 25 RESOLUTION OF APPRECIATION WHEREAS SOPHIE MARASCO has served The City of Lake Forest as PUBLIC RELATIONS CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Sophie Marasco for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. __________________________ Mayor 26 RESOLUTION OF APPRECIATION WHEREAS JIANNA SANTELLO has served The City of Lake Forest as PUBLIC RELATIONS CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Jianna Santello for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 27 RESOLUTION OF APPRECIATION WHEREAS MAIKAL YAMAUCHI has served The City of Lake Forest as PUBLIC RELATIONS CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Maikal Yamauchi for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 28 RESOLUTION OF APPRECIATION WHEREAS JOEY FRANKLIN has served The City of Lake Forest as CABLE/TECH CHAIRWOMAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met he responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Joey Franklin for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 30 RESOLUTION OF APPRECIATION WHEREAS SPENCER WELTE has served The City of Lake Forest as CABLE/TECH CHAIRMAN May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Spencer Welte for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ____________________________ Mayor 31 RESOLUTION OF APPRECIATION WHEREAS ANNIE KOTLARZ has served The City of Lake Forest as CROYA FOUNDATION CHAIRWOMAN May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Annie Kotlarz for the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 32 RESOLUTION OF APPRECIATION WHEREAS MARGARET ANDERSON has served The City of Lake Forest as CROYA WOODLANDS LIASION May 2013 to May 2014 WHEREAS, she has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met her responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Margaret Anderson the loyal and faithful public service she has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 33 RESOLUTION OF APPRECIATION WHEREAS TOMMY CHANDLER has served The City of Lake Forest as CROYA/LAKE FOREST ACADEMY LIAISON May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Tommy Chandler for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ____________________________ Mayor 34 RESOLUTION OF APPRECIATION WHEREAS JAMIE FLINT has served The City of Lake Forest as CROYA MUSIC LIAISON May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Jamie Flint for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 35 RESOLUTION OF APPRECIATION WHEREAS GRAHAM ULMER has served The City of Lake Forest as CROYA MUSIC LIAISION May 2013 to May 2014 WHEREAS, he has devoted much valuable time and personal attention to the work of this commission and, on behalf of the citizens of Lake Forest, continually met his responsibilities with purpose and dedication; and WHEREAS, the citizens of Lake Forest recognize and are deeply appreciative of the valuable time and service contributed to the preservation and improvement of the quality of life in our community. NOW, THEREFORE, BE IT RESOLVED that the City Council of The City of Lake Forest, Illinois, hereby expresses the profound gratitude of the citizens of Lake Forest to Jamie Flint for the loyal and faithful public service he has given by means of this resolution, which shall be spread upon the permanent records of the City Council. Adopted by the City Council of The City of Lake Forest this 19th Day of May, 2014. ___________________________ Mayor 36 37 38 39 40 41 42 43 The City of Lake Forest CITY COUNCIL Proceedings of the May 5, 2014 First Session Meeting 7:30 p.m. – Council Chambers CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 7:30 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Moore, Alderman Pandaleon, Alderman Reisenberg, Alderman Tack and Alderman Palmer. Absent: Alderman Adelman. Also present were: Bob Kiely, City Manager, Carina Walters, Assistant City Manager; Victor Filippini, City Attorney; Andrew Fiske, City Attorney; Susan Banks, Communications Manager; Catherine Czerniak, Director of Community Development; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works; James Held, Chief of Police; Karl Walldorf, Deputy Chief, Craig Lepkowski, Commander. There were approximately 50 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Approval of a Resolution of Recognition of 75 years of a Council/Manager form of Government 1939-2014 Mayor Schoenheider read the Resolution and presented it to the eighth City Manager, Robert Kiely, Jr. Alderman Palmer made a motion to approve the Resolution, seconded by Alderman Novit. Motion carried unanimously by voice vote. ii. ICMA and ILCMA AWARD PRESENTATION Donald Schoenheider, Mayor Mayor Schoenheider presented City Manager Robert Kiely, Jr. with two awards, one from the ICMA (International City/County Management Association) and the other form ILCMA (Illinois City/County Management Association) in recognition of the 75th Anniversary of Council-Manager government in Lake Forest. 44 Proceedings of the May 5, 2014 Regular City Council Meeting City Manager Robert Kiely Jr. accepted the awards on behalf of the residents who support the Council-Manager form of Government. He added that the quality and character of the Community is not the result of luck or good fortune, but rather the outcome of a vibrant caucus system and strong business-like approach to delivering high quality services. Mr. Kiely then introduced Michael Freeman, President of the Lake Forest Caucus. iii. Michael Freeman, President, Lake Forest Caucus Mr. Freeman presented the Caucus motto of “Volunteers seeking Volunteers”, and stated that the Caucus system is an open, non-partisan organization. He gave an overview of the Caucus System and explained the functions of the Caucus. He added that anyone interested in more information or volunteering can contact the Caucus at www.lakeforestcaucus.com . B. Proclamation for National Historic Preservation Month Mayor Schoenheider read the Proclamation, proclaiming May as National Historic Preservation Month. ii. Alderman Novit report on Lake Forest Preservation Foundation Alderman Novit reported that at the Annual Meeting held Sunday, April 27, the Preservation Foundation announced and presented its annual Preservation Awards. The City of Lake Forest was included for its part in the restoration of the Deer Path and Waukegan Road Deer Path Hill Estates gates. COMMENTS BY CITY MANAGER None COMMENTS BY COUNCIL MEMBERS Finance Committee A. Approval of the Comprehensive Fiscal Plan for FY2015 George Pandaleon, Finance Committee Chairman introduced Finance Director Elizabeth Holleb who gave an overview of the process in this significant undertaking. These included: A Comprehensive Financial Program for the FY2015 Budget timeline • FY2015 Budget Highlights the total FY15 Budget - $84,530,883 • FY15 budget increase over FY14 budget is 2.26% • $4.3 million in projected grant funding  CBD Train Station Improvements and Bicycle Path  Telegraph Road Train Station Underpass  Westleigh/Waukegan Road Intersection Improvements • $9.1 million in additional capital improvements  Emerald Ash Borer Program - $335,000  Street improvements - $1,720,000 45 Proceedings of the May 5, 2014 Regular City Council Meeting  Pavement patching and concrete street repairs - $680,000  City match for grant funded projects - $695,133  Water & Sewer system improvements - $2,005,000 Ms. Holleb also added an FY 15 Expenditures Overview showing FY 14 estimated, FY15 Budget and the Change percentage. She also gave a General Fund summary for the primary operations of the City and majority of City personnel. She explained the five year fund balance forecast of the General Fund along with the household impact for City services that included City portion of property tax (2.8% in tax levy), water charges (as of July1) and a sanitation fee ($8.00) that would result in less than $10 per month. She added that the proposed expenditures for FY2015 total $84,530,883. The proposed plan is balanced with all operating expenditures covered from current revenues and capital expenditures funded from current revenues and reserves in excess of the City Council’s Fiscal Policy. COUNCIL ACTION : Approval of the Comprehensive Fiscal Plan for Fiscal Year 2015 Alderman Pandaleon made a motion to approve the Comprehensive Fiscal Plan for Fiscal Year 2015, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, and Palmer. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. B. Annual Vendor Approval Finance Director Elizabeth Holleb advised that this is an administrative item that in 2011, the City Council approved Code amendments revising the method for approving vendors. Consistent with the revised policy, payments for services provided on an unspecified ongoing basis exceeding $20,000 annually in aggregate are to be approved by the City Council as part of the budget process. She stated that the list provides the vendors approved for FY2012, FY2013, and FY2014 as well as the recommendations submitted for City Council approval for FY2015. And the City Council will continue to approve any single purchase over $20,000 as established by the purchasing code. COUNCIL ACTION: Approval of the attached list of vendors for Fiscal Year 2015 Alderman Reisenberg made a motion to approve the list of Vendors for the Fiscal Years 2015, seconded by Alderman Novit. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, and Palmer. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. C. Approval of the FY15 Personnel Policies and Practices and FY15 Pay Plan Director of Human Resources DeSha Kalmar explained that each year the City’s Personnel Policies and Practices are reviewed and updated, then adopted by the City Council as part of the budget process. She noted key changes made to the Personnel Policies that include having a designed a Health Plan and that the Ethics Hotline has been expanded. Ms. Kalmar reported that the FY2015 Pay Plan has been adjusted to include 2.5% range adjustment. 46 Proceedings of the May 5, 2014 Regular City Council Meeting COUNCIL ACTION: Approval of the FY15 Personnel Policies and Practices and FY15 Pay Plan Alderman Reisenberg made a motion to approve the FY15 Personnel Policies and Practices and FY15 Pay Plan, seconded by Alderman Palmer. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, and Palmer. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Bob Pasquesi of 172 N Washington Road offered his opinion on the following topics: Roads, Staff recommendations, School system advancement and the Caucus Sysytem. Mayor Schoenheider offered the City Councils condolences to Mr. Pasquesi on the loss of his son. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the April 21, 2014 City Council minutes 2. Check Register for Period March 29- April 25, 2014 3. Freedom of Information Act Policy Approval (FOIA) 4. Approval of a First Amendment to Loan Agreement with Ragdale Foundation COUNCIL ACTION: Approve the four (4) Omnibus items as presented Alderman Palmer made a motion to approve by Omnibus items as presented with the notation of the following items; a scrivener’s error in the minutes and approving the replaced Ragdale Loan Agreement, seconded by Alderman Novit. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, and Palmer. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Council Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES 1. Consideration of an Ordinance Amending Chapter 44 of the City Code Regarding Sprinkling Restrictions. (First Reading, and if Desired by the City Council, Final Approval) Director of Public Works Michael Thomas reported that at the March 3, 2014 Committee of the Whole meeting, staff outlined various highlights and program initiatives it proposes to pursue during F.Y. 2015 to address high water demands throughout the summer. Included in the plan was the adoption of a resolution by City Council reviewing irrigation restrictions, education, and 47 Proceedings of the May 5, 2014 Regular City Council Meeting enforcement. On April 14, 2014, the Public Works Committee reviewed and approved said resolution. It was subsequently approved by City Council at its April 21, 2014 meeting. Highlights of the code amendment include no irrigation on Mondays with even numbered addresses being allowed to irrigate on Tuesdays, Thursdays, and Saturdays and odd numbered addresses on Wednesdays, Fridays, and Sundays. Newly installed lawns and plant material can be irrigated on an unrestricted basis for a reasonable amount of time from the date of installation. Mr. Thomas reported that the new regulations will have minimal impact on overall water revenue. The new rules and regulations will better balance the daily demand placed on the City’s water plant. COUNCIL ACTION: Consideration of Ordinance Amending Chapter 44 of the City Code Regarding Sprinkling Restrictions. (First Reading, and if Desired by the City Council, Final Approval) Alderman Waldeck made a motion to waive first reading, seconded by Alderman Tack. Motion carried unanimously by voice vote. Alderman Waldeck made a motion to approve an Ordinance Amending Chapter 44 of the City Code Regarding Sprinkling Restrictions, seconded by Alderman Palmer. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, and Palmer. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. NEW BUSINESS 1. Presentation of fabulous gifts and prizes Robert Kiely, City Manager presented Alderman Novit and Palmer with a certificate for a tree to be planted in their honor and personalized City street signs. 2. Final words for the departing Alderman from the remaining Council Members Mayor Schoenheider and each Alderman expressed gratitude for the service of retiring Alderman Novit and Palmer and stated a few words regarding their service to the City. 3. Final comments from Alderman Novit and Alderman Palmer Both Alderman made closing remarks to the Council about their tenure on the City Council. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 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 8:45 p.m. 48 Proceedings of the May 5, 2014 Regular City Council Meeting Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 49 The City of Lake Forest CITY COUNCIL Proceedings of the May 5, 2014 Second Session Meeting 8:50 p.m. – Council Chambers CALL FOR ORGANIZATION OF THE 2014-2015 CITY COUNCIL Mayor Schoenheider called for the Organization of the 2014-2015 City Council DEPUTY CLERK MARGARET BOYER ADMINISTERS THE OATH OF OFFICE TO : First Ward Alderman-Elect - - Prudence R. Beidler Second Ward Alderman-Elect - - David Moore Third Ward Alderman-Elect - - Stanford Tack Fourth Ward Alderman-Elect - - Michelle Moreno Deputy City Clerk Margaret Boyer Administered the Oath of Office. CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 8:50 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Moore, Alderman Pandaleon, Alderman Reisenberg, Alderman Tack and Alderman Moreno. Absent: Alderman Adelman. Also present were: Bob Kiely, City Manager, Carina Walters, Assistant City Manager; Victor Filippini, City Attorney; Andrew Fiske, City Attorney; Susan Banks, Communications Manager; Catherine Czerniak, Director of Community Development; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public Works; James Held, Chief of Police; Karl Walldorf, Deputy Chief, Craig Lepkowski, Commander. There were approximately 50 present in the audience. ELECTION AND APPOINTMENT OF CITY OFFICERS ELECTION BY THE CITY COUNCIL AS REQUIRED BY CHARTER AND CITY CODE City Treasurer Elizabeth A. Holleb City Supervisor Robert R. Kiely, Jr. City Attorney Victor Filippini City Clerk Robert R. Kiely, Jr. City Surveyor and Engineer Gewalt Hamilton Associates Alderman Pandaleon made a motion to approve the Election and Appointment of City Officers by the City Council as required by City Charter and the City Code, seconded by Alderman Moore. The 50 Proceedings of the May 5, 2014 second session City Council Meeting following voted “Yea”: Aldermen Waldeck, Beidler, Moore, Pandaleon, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Schoenheider welcomed new Alderman Moreno and Alderman Beidler to the City Council. A. RESOLUTION OF APPRECIATION FOR WARD 1 ALDERMAN KENT ELLIOT NOVIT COUNCIL ACTION: Approve the Resolution Alderman Waldeck made a motion to approve the Resolution of Appreciation, seconded by Alderman Tack. Motion carried unanimously by voice vote. Mayor Schoenheider presented the Resolution of Appreciation to Kent Novit. B. RESOLUTION OF APPRECIATION FOR WARD 4 ALDERMAN ROBERT PALMER COUNCIL ACTION: Approve the Resolution Alderman Moore made a motion to approve the Resolution of Appreciation, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. Mayor Schoenheider presented the Resolution of Appreciation to Bob Palmer. C. 2014-2015 New Board and Commission Appointments/Reappointments AUDIT COMMITTEE NAME OF MEMBER APPOINT/REAPPOINT WARD Amy Krebs Reappoint 3 Lucinda Baier Reappoint 1 Andy Logan Reappoint 1 Dean Stieber Appoint 4 Don O’Callaghan Appoint 1 CEMETERY COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Amy Schuetz Reappoint 1 John Dick Appoint 1 51 Proceedings of the May 5, 2014 second session City Council Meeting CROYA NAME OF MEMBER APPOINT/REAPPOINT WARD John Maher Appoint LFHS Laurie Doherty Reappoint 2 Susie Kulby Reappoint 1 Kelli Jacobs Appoint STUDENT Abby Bowman Appoint STUDENT Lilah Henry Appoint STUDENT ELAWA NAME OF MEMBER APPOINT/REAPPOINT WARD Holly Brown Reappoint as Chairman 3 Maxwell Gregory Reappoint 2 Robert Shaw Reappoint 4 FIRE AND POLICE BOARD NAME OF MEMBER APPOINT/REAPPOINT WARD Phil Foss Reappoint as Chairman 2 Matt Davis Reappoint 2 HISTORIC PRESERVATION COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Mary Ellen Swenson Reappoint 1 John Travers Reappoint 2 James Preschlack Reappoint 3 Wells Wheeler Appoint 3 LEGAL COMMITTEE NAME OF MEMBER APPOINT/REAPPOINT WARD Dave Neumeister Reappoint 3 Natascha Backes Reappoint 4 Tim Franzen Appoint 1 LIBRARY NAME OF MEMBER APPOINT/REAPPOINT WARD Robert Napier Reappoint 2 Lynn Casper Reappoint 3 Ron Levitsky Appoint 4 Todd Puch Appoint 3 52 Proceedings of the May 5, 2014 second session City Council Meeting PLAN COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Mike Ley Reappoint as Chair 3 John Anderson Reappoint 2 PARKS AND RECREATION BOARD NAME OF MEMBER APPOINT/REAPPOINT WARD Steve Hill Reappoint and as Chair 2 Dan Jasica Reappoint 4 David Brush Reappoint 1 Paul ”Skoo” Walker Reappoint 3 Sondra Douglas Appoint 2 SENIOR RESOURCE COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Nancy Carey Reappoint 4 ZONING BOARD OF APPEALS NAME OF MEMBER APPOINT/REAPPOINT WARD Kevin Lewis Appoint 3 Louis Pickus Appoint 2 COUNCIL ACTION: Approve the 2014-2015 New Board and Commission Appointments/Reappointments Alderman Pandaleon made a motion to approve the 2014-2015 New Board and Commission Appointments/Reappointments, seconded by Alderman Waldeck. Motion carried unanimously by voice vote. D. Resolutions of Appreciation for Retiring Members of Boards and Commissions as follows: Audit Committee: Michelle Moreno, Chairman, Andrew Marwede Building Review Board: Monica Ruggles Cemetery Commission: Prue Beidler CROYA: Louis Pickus and Jim Thiel Firefighter’s Pension Fund: Robert Henderson, President Historic Preservation Commission: William Ransom Housing Trust Fund Board: James Buzard Legal Committee: Peter Hamilton Library Board: Debbie Block and Maria Westropp 53 Proceedings of the May 5, 2014 second session City Council Meeting Parks and Recreation Board: Lauren Turelli Police Pension Fund: Jim Athanas, Robert Copeland and M. Jay Trees Senior Resources Commission: James Buzard, Jill Chaifetz and Carrol Herber Zoning Board of Appeals: Sam Ciccarelli and Stewart Dixon COUNCIL ACTION: Approve the Resolutions Alderman Moore made a motion to approve the Resolutions, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. COMMENTS BY CITY MANAGER Robert Kiely, City Manager welcomed the new Alderman to the City Council. COMMENTS BY COUNCIL MEMBERS Alderman Waldeck reported that she recently attended a Municipal Law Conference where Chuck Smith, the City’s prosecuting Attorney spoke to Open Meetings Act and FOIA (Freedom of Information Act). OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Schedule of Regular Meetings of the City Council for fiscal Year 2014-2015 2. Award of the Woodland Road Pedestrian Bridge, the North Shore Line Pedestrian Bridge, and the Elm Tree Road Pedestrian Bridge Repair Project COUNCIL ACTION: Approve the two (2) Omnibus items as presented. Alderman Moore would like further discussion on item #1 at the next City Council meeting. Alderman Reisenberg made a motion to approve by Omnibus items as presented, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Moore, Pandaleon, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 7 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 NEW BUSINESS 54 Proceedings of the May 5, 2014 second session City Council Meeting 1. Consideration of an amendment to the FY15 Annual Resurfacing Program At Alderman Adelman’s request the City Council discussed the conditions of specific roads and the value in resurfacing and or patching with repairs at its Committee of the Whole meeting on May 5, 2014. Alderman Pandaleon made a motion to amend the FY15 Annual Resurfacing Program: (i) by adding $140.000 for additional resurfacing along telegraph road; (ii) to authorize an amendment to the telegraph Road resurfacing contract by $140,000 for an additional segment of telegraph Road; and (iii) to direct the preservation of a supplemental appropriation ordinance as needed, consistent with this motion before the end of FY 2015, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Moore, Pandaleon, Tack, Reisenberg, and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Waldeck. Motion carried unanimously by voice vote at 9:10 p.m. Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 55 The City of Lake Forest Memorial Tree and Bench Policy Parks & Recreation Purpose: The purpose of this policy is to establish guidelines, standards and procedures for the installation and care of donated elements in City owned properties managed by the Parks and Recreation Department. The City desires to encourage donations while at the same time manage aesthetic impacts and mitigate on-going maintenance costs. This policy is designed to enable residents and facility users to support Lake Forest through a tax-deductible contribution. Contributions will be acknowledged by a plaque and letter of completion. The plaque is symbolic of the donation and does not entitle the donor to ownership of the particular donated element. Only tree and bench donations are covered by this policy. Guidelines established by this policy will apply to all donations made after the effective date of this policy. Standards for New Donations Definitions of New Donations: New donations are those made after the adoption of this policy. Acquisition or Purchase: The City and the community have an interest in ensuring that elements purchased and installed be of high quality related to style, appearance, durability and ease of maintenance. The City staff will be responsible for the purchase and installation of all elements. Appearance and Aesthetics: The City and the community have an interest in ensuring the best appearance and aesthetic quality of their public facilities. The elements and/or their associated donation acknowledgements should reflect the character of the park or facility. All elements will be installed in such a manner that will not substantially change the character of a property or its intended use. Maintenance: Donated elements and/or their associated donation acknowledgement, become City property. Accordingly, the City has the duty to maintain the donation only for the expected life cycle of the donation. If current information is on file, the City will attempt to inform the donor and give them the opportunity to donate for the replacement of the element at the expiration of the original life cycle. It is the responsibility of the donor to provide the City of Lake Forest with a current address for purposes of notification regarding their donation. Cost: The City has an interest in ensuring that the donor covers the full-cost for the purchase, installation, and maintenance during the expected life cycle of donated park elements. The City also has an interest in ensuring that on-going maintenance costs do not negatively impact the resources available for maintenance of other City parks or facilities. The cost includes tree/bench, installation, plaque, routine maintenance, letter of completion, and a photo. The cost also includes a five-year replacement guarantee for trees. If a tree should die within five years of its original planting a replacement tree will be planted during the next available planting season. Please note that after a bench is installed, the City of Lake Forest cannot be responsible for replacement should the bench or plaque become damaged or destroyed. If a bench has to be removed 56 The City of Lake Forest Memorial Tree and Bench Policy Parks & Recreation or a plaque replaced, the donor will be informed. If the donor chooses to replace the bench, a replacement bench can be provided at the donation level that is stated in the most current memorial policy. Tree donation - $1,000 Bench donation - $2,000 Procedure for Making a Donation Donations will be accepted from public and private sources for the purposes of enhancing all City facilities and pathways, and will become the property of the City. The City’s Parks section of the Parks & Recreation Department shall be responsible for administrating the Memorial Tree and Bench Program, including the review process for approving and installing donations. Application: If you are interested in making a donation, please contact the Parks section at 847-810- 3567 to determine whether a donation may be accepted based upon criteria contained in this policy. If a donation can be accepted, the donor will complete an application form. Applications are available through the mail, in-person at the Recreation Center or Municipal Services Building or on the City’s website (www.cityoflakeforest.com). Completed applications and payment should be mailed to the City of Lake Forest, Memorial Program – Parks, 800 N. Field Drive, Lake Forest, IL 60045 or fax to 847-615- 4670 for review and processing. Criteria for Acceptance Site Plan: To accept donation for a bench or tree, for a specific property, a site plan must exist showing the available locations for elements. If no plan exists, then a donation may be made to another property. If a plan exists, but does not identify a particular element proposed for donation, the City may accept the donation under certain conditions. Under this circumstance the donation must: 1) meet a true need of the property, 2) not interfere with the intended current or future use of the property and 3) not require the relocation of other equipment or infrastructure to accommodate the donation. At the discretion of the City, a property may be determined to be fully developed and the opportunity for donations would not be available. Donation Plaques: For benches, donation plaques as approved by the City are to be directly affixed on the seatback, be 2 x 4 inches in size, and are to be made of bronze and purchased through the City using an approved vendor to ensure the highest quality, life and durability. Tree donation plaques will be a maximum 6 x 9 inches in size and mounted on the ground at the base of the tree donation. The City must approve all text for donation plaques. Tree Selection: A request for certain tree species may be made by the donor from a list of trees provided; however, staff will have the final approval. The size and species will be selected based on appropriateness for site and only trees native to Illinois will be planted. 57 The City of Lake Forest Memorial Tree and Bench Policy Parks & Recreation Conditions Installation: Installation of donated elements, including the donation plaques, will be completed by City personnel. There will be a one-time autumn planting for all trees. All tree plantings will take place between September and October of each year. Benches may be installed at any time, weather permitting. The installation will be scheduled at a time and date as determined by the City staff so as not to unnecessarily interfere with routine maintenance activities. Removal and/or Relocation: The City reserves the right to remove and/or relocate donated elements and their associated donation plaques, when they interfere with site safety, maintenance or construction activities. In accordance with previously stated procedures in this policy, if the current information in on file, the City will attempt to inform the donor of any action related to the disposition of the donation. In certain situations, such as safety or emergency situations, the notification may be made after the action is taken. In the event a donation must be permanently removed, the City will seek an alternative location consistent with this policy. If no such agreed upon location can be found, the memorial element and plaque will be returned to the donor. Maintenance and Damages: When an element is donated, City staff makes a commitment to reasonably maintain that donation for its useful life. The City will make every effort to repair damaged memorial donations. However, the City is not responsible for replacing items, including plaques, due to excessive damage or loss or elements at the end of their life span. Other Donations There may be other donations possible, other than those expressly listed or contained within this policy. The City may accept those donations subject to a review by City staff and/or appropriate board(s). Adopted and approved by The City of Lake Forest’s Parks & Recreation Board: March 18, 2014 Adopted and approved by The City of Lake Forest City Council: ____/____/____ 58 The City of Lake Forest Parks & Recreation – Parks & Forestry Sections 800 N. Field Drive / Lake Forest, IL 60045 Phone: 847-810-3567 Fax: 847-615-4670 Parks & Recreation Memorial Tree and Bench Application Date: ________________________ Please select one (Checks payable to: City of Lake Forest): _______ Memorial Tree ($1,000) _______ Memorial Bench ($2,000) Donor: _________________________________________ Daytime Phone #: ______________________________ Address: _______________________________________________________________________________________ City/State/Zip: ___________________________________ Email: ________________________________________ Purpose of donation (check one): _______ In Memory of _______ In Honor of Please print name as it is to appear on the plaque(s): _________________________________________________ Additional wording to include on plaque(s): __________________________________________________________ ______________________________________________________________________________________________ Requested tree species (subject to change): __________________________________________________________ Requested area where tree/bench is to be placed (subject to change): ___________________________________ Special instructions: _____________________________________________________________________________ ______________________________________________________________________________________________ I have read, fully understand and agree to abide by the Memorial Tree & Bench Program Policy My signature below indicates that I have read this document in its entirety, and understand that: A. The Department makes all final decisions, including but not limited to availability, bench location, bench style, tree location and tree species. B. All language used on the plaques is subject to approval. C. All donated items are the property of the City of Lake Forest Parks & Recreation Department and will be maintained according to the Department policy and priorities. Signature of Donor: ______________________________________ Date: _____________________________ ********************************************************************************************* Office Use Only Date Paid: _______________ Tree #: _______________ Bench #: _______________ Plaque Information: Tree Information: Bench Information: Date Ordered: Date Ordered: Date Ordered: Date Received: Date Received: Date Received: Date Installed: Date Installed: Date Installed: Date family notified: _______________ 59 THE CITY OF LAKE FOREST ORDINANCE NO. 2014-___ AN ORDINANCE AMENDING CHAPTER 40 (SUBCHAPTER 1) OF THE CITY CODE, AS AMENDED, TO ESTABLISH A MOTOR VEHICLE IMPOUNDMENT AND ADMINISTRATIVE PENALTY FEE AND RELATED ADMINISTRATIVE HEARING PROCESS WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time it is appropriate to review, update and modify the City Code to respond to current trends and interests of the community; and WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/1-101 et seq., requires police departments to impound vehicles involved in incidents related to certain types of moving violations, including driving under the influence and similar violations, which requires significant administrative time and attention to enforce; and WHEREAS, the Illinois Vehicle Code authorizes the City to create an administrative process to impose a vehicle impoundment and administrative penalty fee, as well as recoup towing and storage costs related to the impoundment; and WHEREAS,the City's existing administrative hearing system would allow the City to adjudicate and administer vehicle impoundment penalty fees through that system; and WHEREAS, the Police Department recommends that the City establish a motor vehicle impoundment and administrative penalty fee to be adjudicated through the City's existing administrative hearing process; and WHEREAS, the Mayor and City Council have determined that adopting this Ordinance and amending the Code to establish a vehicle impoundment and administrative penalty fee, and related administrative hearing process, as hereinafter set forth, will be in the best interests of the City and its residents; 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 hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO:Amendment to Chapter 40 (Sub-Chapter 1)of the City Code. 60 2 Page 2 of 8 A. Amendment to Chapter 40 (Sub-Chapter 1). Sub-Chapter 1 of Chapter 40, entitled "Rules of the Road," is hereby amended to add a new Article XVII, entitled "Motor Vehicle Impoundment and Administrative Penalty Fee", which shall hereafter be and read as follows: "ARTICLE XVII –MOTOR VEHICLE IMPOUNDMENT AND AD MINISTRATIVE PENALTY FEE Sec. 40-1-1700 Definitions Sec. 40-1-1701 Use of Motor Vehicles for Unlawful Purposes Sec. 40-1-1702 Impoundment Sec. 40-1-1703 Notification and Administrative Hearing Sec. 40-1-1704 Lienholder Requirements Sec. 40-1-1705 Disposition of Unclaimed Vehicles 1700.DEFINITIONS A.Administrative Hearing: an administrative hearing conducted by the City pursuant to the procedures provided in Chapter 53 of this Code, as modified by this Article XVII. B.Business Day: any day in which the Office of the City Manager is open to the public for a minimum of seven hours. C.Motor vehicle or Vehicle: Every vehicle which is self-propelled, including but not limited to automobiles, trucks, vans, motorcycles and motor scooters. D.Owner of Record: the record titleholder(s) or lessee of the vehicle. E.Towing Agent: the towing company designated and authorized by the Chief of Police to tow and store motor vehicles on behalf of the Police Department. 1701.USE OF MOTOR VEHICLES FOR UNLAW FUL PURPOSES A.Conduct Prohibited. A motor vehicle used in committing any of the offenses described in Subsection 40-1-1701B may be subject to impoundment by the City, and the owner of record of said vehicle, or agents of that owner, shall be liable to the City for an administrative penalty fee as prescribed herein, plus any applicable towing and storage fees which shall be paid to the Towing Agent, prior to the vehicle being released to the owner. B.Impound Offenses and Administrative Penalty Fee. Whenever a police officer has reason to believe that a motor vehicle has been used in the commission of any of the below listed offenses, the vehicle may be subject 61 3 Page 3 of 8 to impoundment and an administrative penalty fee in the amount of $500.00, plus payment to the Towing Agent of any applicable towing and storage fees: 1.Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, as provided in the Illinois Compiled Statutes (625 ILCS 5/11-501(a)).; or 2.Driving while driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked as provided in the Illinois Compiled Statues (625 ILCS 5/6-303), as a result of a conviction for 625 ILCS 5/11-501(a) or DUI statutory summary suspension pursuant to 625 ILCS 5/11-501.1; or501.1. 3.Any other circumstance which authorizes the impoundment of a vehicle pursuant to this Code, the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., or the Illinois Compiled Statutes. C.Waiver of Administrative Penalty Fee. The administrative penalty fee shall be waived by the City upon verifiable proof that the vehicle was stolen at the time of the impound, and the theft was reported to appropriate police authorities as evidenced by a police report, within 24 hours after the theft was discovered or reasonably should have been discovered. 1702.IMPOUNDMENT A.Tow.Whenever a police officer has reason to believe that a vehicle is subject to impoundment pursuant to this Chapter, the police officer shall provide for the towing of the vehicle by the Towing Agent to a storage facility as approved by the Chief of Police. B.Notice of Impoundment. At the time the vehicle is impounded, the police officer shall provide the written notice of impoundment as provided in Section 40-1-1703A to any person who is found in control of the vehicle at the time of the alleged violation, if there is such a person. In addition, written notice shall be provided to the owner of record of the vehicle in accordance with Section 40-1-1703A. C.Payment or Bonding of Fees. Any motor vehicle impounded pursuant to this Chapter shall remain impounded until: 1. An administrative penalty fee of $500 and all applicable towing and storage fees are paid to the Towing Agent; or 2.An administrative penalty fee of $500, or a bond (in a form prepared by or acceptable to the Chief of Police)in the amount of the 62 4 Page 4 of 8 administrative penalty fee, is posted with the City pending completion of an Administrative Hearing,and all applicable towing and storage fees are paid to the Towing Agent. D.Vehicle Release. Upon the payment of all fees or posting of a bond for such fees pursuant to Section 40-1-1702C, the vehicle shall be released to the Owner of record or any person duly authorized by the owner to accept possession of the motor vehicle, provided there is no other legal action or investigation pending that requires continued impoundment of the vehicle pursuant to applicable law. E.Monies. All monies posted pursuant to this section shall be in the form of cash, money order or cashier’s check only, and be held by the City until the Administrative Hearing Officer issues a decision, or, if there is a judicial review, until the court issues its decision. Monies collected shall be placed into the Police Department Alcohol Asset Forfeiture fund. 1703.NOTICE OF IMPOUNDMENT; ADMINISTRATIVE HEARING A.Notice of Impoundment. Within five (5) business days after a vehicle is impounded, the City shall notify the owner of the vehicle, by personal service or by certified mail, of the impoundment and the owner’s right to request an Administrative Hearing. The notice of impoundment shall be in the form of the “Notice of Administrative Vehicle Impound”and “Rights Pursuant to Notice of Administrative Vehicle Impound”prepared by the Police Department, as amended from time to time, and shall include the following information: 1.The description of the vehicle, including year, make, model, registration and vehicle identification number (VIN); 2.The present location of the motor vehicle; 3.The reason(s) for impoundment of the vehicle; 4.The opportunity for the owner to submit a hearing request to contest the impoundment, and the consequences of the failure to submit a hearing request; and 5.The opportunity for the owner to reclaim the vehicle, and the consequences of the failure to reclaim the vehicle. B.Service. In addition to personal service on the operator of the vehicle, if any, at the time of impoundment, the notice of impoundment shall be served personally or by certified mail to the address of the vehicle owner,and lienholder, if any,as registered with the Secretary of State. The date the 63 5 Page 5 of 8 notice is deposited in the US mail or personally delivered to the owner's address shall be deemed the date of service. C.Hearing Requests. The owner of record or lessee may contest the impoundment by filing a timely written request for an Administrative Hearing to challenge whether a violation of this Chapter has occurred. S uch request shall be filed no later than ten (10) business days after service of the notice of impoundment. D.Hearing Dates. If a hearing is requested, an Administrative Hearing date shall be assigned that follows the City’s scheduled Administrative Hearing calendar, which hearing shall be convened no earlier than the next available Administrative Hearing date and no later than 45 days after the date of the City’s receipt of the hearing request. . E.Hearing Location Notification. The vehicle owner or lessee requesting the hearing, and the lienholder, if any, shall be notified by first class mail of the date, time and location of the scheduled Administrative Hearing. T he owner or lessee and interested parties shall be given a reasonable opportunity to be heard at the hearing, and the parties may be represented by counsel, at their expense. The hearing shall follow the procedures for Administrative Hearings as described in Chapter 53 of this Code, provided that where any conflict exists between Chapter 53 of this Code and the provisions of this Article XVII as to the Administrative Hearing concerning the impoundment of the vehicle, the provisions of this Article shall control. F.Non-Residents. If the owner of record lives outside Lake County, Illinois, the owner may file a request for a non-appearance hearing as allowed for under Chapter 53-11 of this Code. G.Finding for City. If, after the Administrative Hearing, the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with prohibited conduct as provided in this Article, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the City for the administrative penalty fee and any towing and storage fees. H.Debts Owing. A penalty imposed pursuant to this Article shall constitute a debt due and owing to the City. I.Finding for Vehicle Owner. If, after the hearing, the Administrative Hearing Officer does not determine by a preponderance of evidence that the vehicle was used in connection with prohibited conduct as provided in this Chapter, the hearing officer shall enter an order finding for the owner and for return of the vehicle and any impoundment penalty fee, bond, or towing and storage fees previously paid. 64 6 Page 6 of 8 J.Hearing Request Not Filed. If a request for an Administrative Hearing is not received by the City within the period provided in Section 40-1-1702C, the owner shall be deemed to have waived his or her right to a hearing and the hearing officer will enter a default order in favor of the City in the amount of the administrative penalty fee. 1704.LIENHOLDER REQUIREMENTS A lienholder asserting its right to possession of an impounded vehicle pursuant to its conditional sales agreement with a lessee may obtain possession of such vehicle by paying the applicable administrative penalty fee and towing and storage fees. The lienholder must submit a photocopy of the conditional sales agreement and title certificate, an affidavit stating that the purchaser is in default of the agreement, and an indemnification certificate executed by an authorized agent of the lienholder, all on forms prepared by or acceptable to the Chief of Police. 1705.DISPOSITION OF UNCLAIMED VEHICLES Any impounded vehicle that is not claimed within thirty-five (35) days after the Administrative Hearing officer issues a written decision, or for which the penalty fee and applicable towing and storage fees have not been paid, or where no bond has been posted, and no judicial review is pending; said vehicle shall be disposed of in the manner provided by law for the disposition of abandoned vehicles. SECTION THREE: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 day of , 2014 AYES: NAYS: ABSENT: ABSTAIN: Approved this day of , 2014 65 7 Page 7 of 8 Mayor ATTEST: City Clerk 66 Document comparison by Workshare Compare on Thursday, May 08, 2014 8:05:58 AM Input: Document 1 ID interwovenSite://HKDMS/Active/29129527/3 Description #29129527v3<Active> -LF -2014 DUI Impound Ord Proj - Ordinance Only Document 2 ID interwovenSite://HKDMS/Active/29129527/4 Description #29129527v4<Active> -LF -2014 DUI Impound Ord Proj - Ordinance Only Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 2 Deletions 3 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 5 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82