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CITY COUNCIL 2016/01/19 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Tuesday, January 19, 2016 at 6:30 pm 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 George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL immediately following the Finance Committee Meeting PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Announcement of the Sixth Recipient of The Lawrence R. Temple Distinguished Public Service Award -Roger and Pauline Mohr PRESENTED BY: Temple Award Committee Members James Cowhey, Chairman, Scott Helton, Gail Hodges STAFF CONTACT: Margaret Boyer, Deputy City Clerk (847-810-3674) BACKGROUND/DISCUSSION: This award is made in memory of Lawrence R. Temple, who was serving the City as Alderman representing the Third Ward when he suddenly died on August 12, 2000. A twenty-four year resident, Temple previously had served as a member of the Plan Commission and the Building Review Board. Temple chaired the Building Review Board from 1993 until 1998. At the time the award was established, at the urging of several of Temple’s colleagues, then-Mayor Howard J. Kerr observed: “He loved Lake Forest and worked hard to protect its character and quality of life. He had the capacity to relate to and work with people to bring understanding, comprise, and solution of difficult issues.” In 2014 the City Council re-instated the Larry Temple Public Award Committee. Nominations were solicited from Lake Forest residents to honor a living volunteer in community organizations or local government in The City of Lake Forest for distinguished public service. This year, the Committee selected Roger and Pauline Mohr as the recipients of the Service award for 2015. The nomination period opens January 1 and nominations will be taken through December 31, 2016. The Committee will meet, and the award winner selected for 2016 will be announced at the second meeting in January 2017. To nominate a candidate for this award, residents should contact the Deputy City Clerk. A copy of the award can be found on page 157. 1 Tuesday, January 19, 2016 City Council Agenda B. Resolution of Appreciation for Retiring Police Officer David Cerer A copy of the Resolution can be found on page 17. COUNCIL ACTION: Approve the Resolution C. Swear in Fire Fighter Paramedic Matt Kluchka Mayor Schoenheider and Interim Deputy Chief Pete Siebert 2. COMMENTS BY CITY MANAGER A. Community Goals and Priorities -Robert Kiely Jr., City Manager A copy can be found beginning on page 18. B. Update Concerning Administrative Directive 1-17 (“Special Events Policy”) Governing the Administration, Review and Approval of Special Events within the City of Lake Forest STAFF CONTACT: Michael Strong, Assistant to the City Manager (847-810-3680) PURPOSE AND ACTION REQUESTED: City Staff will be preparing a Resolution for City Council consideration amending Administrative Directive 1-17 (“Special Events Policy”), which governs the administration, review, and approval of special events within the City. The purpose of this resolution is to incorporate new sections and revisions to the current policy, which outlines the process and procedures for the administration of special events that take place in The City of Lake Forest. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council August 3, 2015 Reviewed City Council November 2, 2015 Reviewed BACKGROUND/DISCUSSION: Since the original adoption of the Special Events Policy in 2001, a series of internal amendments have been incorporated to seek efficiencies in the procedure for approving special events that take place within the City on an annual basis. City staff has seen a growing number of special events take place within the City, which have required substantial City services, including equipment and personnel or frequent use of City property. A recent study found that as many as 124 individual events took place in 2014, of which 69 were found to be reoccurring events each year. Of these events, 57 took place between the months of May and October. While City staff believes that these events help build community in Lake Forest, and a place to “be”, City staff has 2 Tuesday, January 19, 2016 City Council Agenda expressed concern with being able to effectively provide services for these events while ensuring they are conducted in a safe manner. As presented in the attachment found on page 20, a new policy has been drafted to provide for rules governing the issuance of permits for Special Events occurring in the City. The document provides a more thorough elaboration of the submittal requirements, conditions of permit, fees, and other items relevant to the process. The intent of these revisions is to ensure an equitable and consistent review of special event permit applications by providing reasonable and consistent criteria for their approval. The provisions included in the new policy have been developed through collaboration with staff members form various operational departments, feedback provided by event organizers, and comments provided by City Council. It is City staff’s intent to continue to review the provisions in the draft policy and solicit feedback from various stakeholders in the community, including representatives from various organizations that host events throughout the year. BUDGET/FISCAL IMPACT: To be Determined. The Policy requires that costs incurred for special city services be charged back to event organizers, unless otherwise approved by the City Council or City Manager. COUNCIL ACTION: No action required. The revised Special Event Policy was prepared by Staff with input from various organizations affected by the policy, and is in the process of undergoing a legal review by the City Attorney. Based on feedback received by City Council on the final revisions, staff will prepare the Policy to be considered for adoption by City Council during their regular meeting on February 2, 2016. 3. COMMENTS BY COUNCIL MEMBERS PROPERTY AND PUBLIC LAND COMMITTEE A. Approval of a Resolution Adopting the Lake Forest Policy, as amended, for the Acquisition, Inventory, Sale, Lease and Retention of Public Property PRESENTED BY: Alderman Reisenberg, Chairman Property and Public Lands Committee STAFF CONTACT: Michael Strong, Assistant to the City Manager (847-810-3680) PURPOSE AND ACTION REQUESTED: The Property and Public Land Committee (PPL) recommends the adoption of the Lake Forest Policy for the Acquisition, Inventory, Sale, Lease and Retention of Public Property. Periodically this policy is reviewed and has been amended to incorporate provisions for land transfers or “exchanges”. For your convenience, a redlined version of the Resolution is attached on page 35. PROJECT REVIEW/RECOMMENDATIONS: 3 Tuesday, January 19, 2016 City Council Agenda Reviewed Date Comments Property and Public Land Committee November 30, 2015 Reviewed Property and Public Land Committee December 3, 2015 Approved BACKGROUND/DISCUSSION: The Lake Forest Policy for the Acquisition, Inventory, Sale, Lease and Retention of Public Property was originally approved in 2004, creating a formal process for the inventory, sale, lease and retention of publically-owned property in the City. Periodically this policy is reviewed by the PPL to ensure that it aligns with current federal laws, state statutes, and City practices. It was recommended that the policy be amended to include a section on strategic and mutual transfers of land within the City. The new section outlines a policy for these arrangements, and how they may be implemented in the future. BUDGET/FISCAL IMPACT: None. COUNCIL ACTION: Approval of a Resolution Adopting the Lake Forest Policy, as amended, for the Acquisition, Inventory, Sale, Lease and Retention of Public Property B. Consideration of Resolutions Directing Study, Evaluation and Planning for the Cultural Corridor and Grove Campus. (Approve by Motion) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: On a continuing basis, the City reviews the disposition of various City owned properties and structures. Two Resolutions are presented for the Council’s consideration. The Resolutions initiate study, evaluation and long term planning for City owned properties and structures located in the Cultural Corridor and at Grove Campus. BACKGROUND AND DISCUSSION: In the coming months, both the Cultural Corridor, the strategic area located east of McKinley Road and the train station, and Grove Campus, located east of Ridge Road and north of Old Mill Road, are expected to experience changes that will present both opportunities and challenges. Tenants in two City owned buildings, the Historical Society currently housed in the former Masonic Temple in the Cultural Corridor, and the Business Accelerator Program currently housed in Bennett Hall on Grove Campus, will be relocating. This presents an opportune time for evaluation of the condition of the buildings, assessment from an historical perspective and consideration of viable options for long term future use. In addition, redevelopment options are being explored for some of the privately owned parcels in the Cultural Corridor. The attached Resolutions direct City staff to initiate appropriate studies, engage stakeholders, develop plans and schedule opportunities for deliberation and public comment before appropriate Boards and Commission as detailed in the Resolutions attached beginning on page 46. 4 Tuesday, January 19, 2016 City Council Agenda BUDGET/FISCAL IMPACT: No approval for expenditure of City funds is requested. If, as study proceeds, it is determined that funds are required, any funding request will be processed consistent with the City’s approved purchasing policies. COUNCIL ACTION: Approve a motion in support of two Resolutions directing City staff and appropriate Boards and Commissions to study, evaluate and conduct planning relating to the Cultural Corridor and Grove Campus overall and the specific buildings noted. 4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the November 16, 2015 City Council Meeting Minutes A copy of the minutes begins on page 52. 2. Check Register for Period November 21, 2015- January 1, 2016 Fund Invoice Payroll Total General 582,645 1,755,522 2,338,167 Water & Sewer 121,111 194,065 315,176 Parks & Recreation 149,603 416,193 565,796 Capital Improvements 565,406 0 565,406 Motor Fuel Tax 11,899 0 11,899 Cemetery 35,961 30,568 66,528 Senior Resources 7,660 24,889 32,549 Deerpath Golf Course 14,849 542 15,391 Fleet 84,202 60,837 145,039 Debt Funds 4,151,562 0 4,151,562 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 1,246,855 231,146 1,478,001 $6,971,754 $2,713,761 $9,685,515 3. Approval of Resolutions Required for Bank Purposes to Amend Authorized Signers STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval of the attached bank resolutions to amend the authorized signers on select accounts due to a change in staffing in the Finance Department. 5 Tuesday, January 19, 2016 City Council Agenda BACKGROUND/DISCUSSION: On December 1, 2014, the City Council authorized a three- year professional services agreement with Lake Forest Bank and Trust Company to provide banking services. As part of this agreement, the City is required to approve resolutions establishing authorized signers on each account. Due to a change in staffing in the Finance Department, a new resolution is required for three City bank accounts. Copies of the proposed resolutions are attached on page 61. BUDGET/FISCAL IMPACT: None COUNCIL ACTION: Approval of the proposed Resolutions amending authorized signers on select City bank accounts. 4. Consideration of an Ordinance Amending Chapter 118 of the City Code, as Recommended by City Staff. (Final Approval) Staff Contact: Craig Lepkowski, Police Commander (847-810-3807) PURPOSE AND ACTION REQUESTED: Staff requests final approval of the proposed amendment to the City Code pertaining to Chapter 118 – Vehicles for Hire. On January 20, 2015, City Council granted final approval of an Ordinance adopting an updated City Code. As a follow up, City Staff and the City Attorney have begun to review certain provisions of the code to determine whether changes are required to reflect changes in practices or policies of the City. As part of that review, the City Manager, Executive Staff, the City Council Liaison, and the City Attorney have reviewed the City Code provisions relating to Chapter 118 – Vehicles for Hire, and a proposed amendment to the City Code relating to the Vehicles for Hire code is included in the Council packet beginning on page 67. The proposed Ordinance was granted first reading on December 7, 2015 and will eliminate the current licensing and inspection requirements of public passenger vehicles and drivers, as well as the licensing requirement of public passenger businesses or corporations not located within the limits of the City of Lake Forest. While the changes affect a minor revenue source, the amount of committed personnel time and the inability to equitably license or inspect other types of public passenger vehicles and drivers (read Lyft, Uber, and limousine services) outweigh any revenue the City currently collects. COUNCIL ACTION: Grant Final approval of the Ordinance amending Chapter 118 in the City Code relating to Vehicles for Hire. 5. Consideration of an Ordinance Amending Chapters 31, 38, 39, 40 and 41 of the City Code to conform to practices and policies relating to the City’s Finance Department (Final Approval) STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) 6 Tuesday, January 19, 2016 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests final approval of the proposed Ordinance amending City Code. BACKGROUND/DISCUSSION: On January 20, 2015, City Council granted final approval of an Ordinance adopting an updated City Code. As a follow up, City Staff and the City Attorney have begun to review certain provisions of the Code to determine whether changes are required to reflect current practices and policies of the City. As part of that review, the City Manager, Finance staff, Finance City Council liaison and the City Attorney have reviewed City Code provisions related to functions of the Finance Department. A proposed Ordinance amending certain sections of the Code is attached for consideration (page 71) with changes shown in black line. Changes are proposed primarily to clarify or reflect current practices and policies. The proposed Ordinance was granted first reading on December 7, 2015. BUDGET/FISCAL IMPACT: No budget/fiscal impact of the proposed Ordinance. COUNCIL ACTION: Grant final approval of an Ordinance Amending Chapters 31, 38, 39, 40 and 41 of the City Code to conform to practices and policies relating to the City’s Finance Department. 6. Award of Contract with Heartland Business Systems to Purchase Hardware and Services for the Data Center Implementation Project as Budgeted in FY16 Capital Plan STAFF CONTACT: Elizabeth Holleb, Director of Finance/IT (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approval to expend capital funds and award a contract with Heartland Business Systems (Heartland) for implementation services and replacement of the City’s Data Center hardware which includes virtual host servers, data storage, a backup system, and disaster recovery in the cloud. PROJECT REVIEW/RECOMMENDATIONS: Milestone Date Comments Cloud Feasibility Study 12/2014 - 05/2015 ClientFirst Consulting City Council 06/15/2015 Approval to Proceed with Hybrid Cloud Recommendation Needs Assessment 07/2015 ClientFirst Consulting & City IT RFP Issuance 09/04/2015 Vendor Proposals Submitted 10/16/2015 Seven Vendors Submitted Nine Proposals. Received & Reviewed System Demonstrations 11/10/2015 Review & Recommendation by City IT’s Selection Committee and Client First Consulting 7 Tuesday, January 19, 2016 City Council Agenda BACKGROUND/DISCUSSION: The City’s current virtual host servers and data storage has been in use since 2007, receiving only minor upgrades in memory and disk storage. The City’s current data backup system has been in use since 2009. Seeing the impending end of life of the current systems, the IT Division in conjunction with ClientFirst Consulting Group, LLC (Client First) began to investigate a comprehensive solution to meet business needs. In order to evaluate the costs/benefits of hosting server and backup hardware internally versus the Cloud, Client First provided the City with a comparative, long-term cost benefit analysis of keeping these services on premise or moving them to the Cloud. At the June 15, 2015 City Council meeting, Client First presented its findings and made the recommendation for the City to procure new hardware for servers and data storage on premise and to also procure services for a Cloud based disaster recovery solution, being the most cost effective option. City Council granted approval to proceed with issuance of a Request for Proposals (RFP). Since July 2015, staff has worked with ClientFirst in creating a replacement data center infrastructure request for proposals (RFP). A report of this work, including RFP results, is included in this packet as Exhibit A beginning on page 93. The following is the summary chart of the finalists RFP proposals’ costs. Estimated costs for VMware software maintenance have been added. This estimated cost was added as the City’s maintenance is not due until May, 2016. The estimated costs added were the same across all proposals. Proposer Semifinalists Initial RFP Scoring Demonstration Scoring Overall Proposed Cost Total Cost of Ownership 5 Years MNJ Option 2 55 Eliminated $612,645 $924,931 MNJ Option 1 60 Eliminated $581,279 $859,169 Sentinel 72.5 Eliminated $291,782 $851,500 Netrix 59 Eliminated $293,544 $679,900 Avalon Option 2 83.5 Eliminated $293,470 $504,550 Avalon Option 1 85.5 84 $268,702 $463,702 Hipskind 99 68 $202,663 $356,791 Heartland Business Systems 77.5 70.4 $166,449 $268,449 Windstream 14.5 Disqualified $37,800 $182,600 CURRENT PROJECT MILESTONE: Based on ClientFirst and the City Selection Committee’s review and scoring of proposals and demonstrations, staff’s recommended vendor is Heartland. Reference checks of similar complexity projects that Heartland has completed recently with the solutions proposed have been acceptable. In negotiations with Heartland for best and final pricing included in Exhibit B, staff is recommending to approve the proposed solution as the lowest cost, qualified vendor to complete the new Data Center Implementation for the City. 8 Tuesday, January 19, 2016 City Council Agenda The City’s Finance/IT Department is working with the City Attorney to finalize the Technology System and Services Agreement including Exhibit B, list of equipment in Proposal Pricing, which can be found beginning on page 95. City staff and Client First have worked with the vendor to confirm costs and ensure that the specific scope of software, hardware, and immediate and on-going services is clearly documented. In their proposal, Heartland has provided an outline of the implementation timing and other operational details that is anticipated to occur over the next two months. If approved, staff will work with Heartland to ensure proper project planning methodology is adhered to for a successful implementation. The following is a list of the features included in Heartland’s proposal that will allow us to meet the City’s business needs: • Lowest Cost- Heartland’s proposal has the lowest implementation and ongoing maintenance costs of all qualified proposals • Survivability- Additional Cloud redundancy built in to survive a loss of a major data center component • Increased Capacity- The proposed equipment offers approximately 250% more data storage capacity than the City’s current data storage infrastructure • Administrative Efficiency- the proposed backup system decreases maintenance and administration time, saving an estimated 12 hours per month. BUDGET/FISCAL IMPACT: The total project expense reflects all systems’ hardware, software licensing, installation, staff training, and maintenance services. Contingency is desired to address minor items encountered during implementation and unknown shipping expense. Vendor Item Item Price Total Heartland $166,449 Cisco UCS Server Hardware $25,461 Cisco UCS Server Maintenance, 5 Years $8,806 Nimble Data Storage Hardware $33,914 Nimble Data Storage Maintenance, 5 Years $11,572 Arcserve Backup System Hardware $16,298 Arcserve Backup System Maintenance, 5 Year $19,898 Arcserve Backup and Disaster Recovery Cloud Storage, 1 Year $7,500 VMware Software Licensing Est. $18,000 Implementation & Training $25,000 Non-specific Contingency $10,000 $10,000 Grand Total $176,449 This project was identified as a FY16 Capital project funded via the Capital Improvements Fund and the process to date complies fully with the IT Capital Five Year Plan and City’s purchasing policies. Below is an estimated summary of Project budget: FY2016 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N 9 Tuesday, January 19, 2016 City Council Agenda Capital Improvement Fund 311-0050-415-66-11 $179,000 $176,449 Y COUNCIL ACTION: If desired and appropriate by the City Council, approve an agreement with Heartland Business Systems in a form acceptable to the City Attorney which includes hardware, software licensing, implementation, training, and maintenance at an expense of $176,449. 7. Consideration of Approval only of Executive Session Minutes. STAFF CONTACT: Margaret Boyer, Deputy City Clerk (847-810-3674) PURPOSE AND ACTION REQUESTED: Staff requests approval only of reviewed Executive Session Minutes reviewed at the December 7, 2015 City Council meeting. These include the minutes of 11/3/2014, 12/10/2014, 3/2/2015 and 6/29/2015 meetings, as mandated by Section 2.06 of the Open Meeting Act. These executive session minutes will remain confidential until the need for confidentiality no longer exists and are approved for release by the City Council. COUNCIL ACTION: Approval only of Executive Session minutes of the 11/3/2014, 12/10/2014, 3/2/2015 and 6/29/2015 meetings. 8. Consideration of first reading of an Ordinance approving the Adoption of the October 13, 2015 amendment to the Lake County Watershed Development Ordinance to meet FEMA’s National Flood Insurance Program (NFIP) requirements and remain a Lake County Certified Stormwater Community. STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Adoption by reference of the Watershed Development Ordinance of Lake County, Illinois as amended by the Lake County Board effective October 13, 2015. BACKGROUND / DISCUSSION: On June 19, 1992, The City of Lake Forest became the first community in Lake County to adopt the countywide Watershed Development Ordinance (WDO). This ordinance contains the minimum stormwater and drainage standards by which all development within the county must be designed. The Lake County Stormwater Management Commission (SMC), which is the county agency responsible for overseeing that this ordinance is being followed on a countywide basis, recognizes The City of Lake Forest as a Certified Stormwater Community that is able to administer the ordinance on our own with only periodic review by the SMC. All wetlands related permitting are still administered through SMC. Since this ordinance was first adopted in 1992, it has been revised on ten (10) other occasions. Periodic review of the Watershed Development Ordinance is undertaken by SMC to ensure that it is both up to date on technical issues and to remove any ambiguities that may arise in interpreting the regulations. The Lake County Board 10 Tuesday, January 19, 2016 City Council Agenda adopted the latest revisions to the Watershed Development Ordinance recommended by the SMC on or about October 13, 2015. A copy of the amendments is included in the Council packet beginning on page 97. The City of Lake Forest, through the WDO, is in good standing with the National Flood Insurance Program (NFIP). As a NFIP member Federal Emergency Management Agency (FEMA) provides the City residents to buy flood insurance at a discounted rate. The WDO allows an Enforcement Officer to resolve drainage and flooding related concerns within the community. The WDO also regulates infrastructure improvements and detention requirements within School district jurisdiction. Ever since its adoption in 1992 City has received zero deficiencies from SMC in enforcing the WDO. COUNCIL ACTION: Approve first reading of the Ordinance amending TITLE XV: Land Use and Development: Chapter 152 Planning: Paragraph152.30: Adoption of Lake County Watershed Development Ordinance by Reference of The City of Lake Forest Code be rescinded and replaced with the adoption by reference of the Lake County Watershed Development Ordinance of Lake County, Illinois approved as amended by the Lake County Board effective October 13, 2015. 9. 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. 715 Green Briar Lane - The Building Review Board recommended approval of demolition of the existing residence and approval of a replacement residence, detached garage, and landscape plan. No public testimony was presented. (Board vote: 7-0, approved) 45 Shawnee Lane - The Building Review Board recommended approval of a partial second floor addition, a rear one story addition and overall alterations to the existing residence. One letter was received from a neighbor expressing concerns about drainage and construction traffic. Drainage and grading plans will be subject to review and approval by the City Engineer prior to the issuance of a building permit. A construction parking and staging plan will also be subject to City review and approval prior to the start of construction. (Board vote: 7-0, approved) 270 E. Westleigh Road - The Building Review Board recommended approval of a temporary marketing sign for the Spiel Subdivision. No public testimony was presented. (Board vote: 7-0, approved) The Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 99. The Ordinances, complete with all exhibits, are available for review in the Community Development Department. 11 Tuesday, January 19, 2016 City Council Agenda COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Building Review Board’s recommendations. 10. Consideration of a Recommendation from the Plan Commission in Support of Tentative and Final Plat Approval of a 3-Lot Re-Subdivision, the Deromedi/Skinner Re-Subdivision and Approval of the Associated Special Use Permit. The Properties are Located at 880 and 900 Illinois Road and 211 Maple Court. (If desired by the Council, waive first reading and grant final approval of the ordinance.) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: Consideration of a recommendation from the Plan Commission in support of approval of a plat of re-subdivision reconfiguring existing lots for the purpose of preserving and protecting the recently restored adjacent ravine. No additional lots are proposed. BACKGROUND/DISCUSSION: The three lots in this subdivision presently each include some ravine area and, as a result, a portion of each of the lots is unbuildable. The lots were created prior to the current Zoning Code requirements. The 900 and 800 Illinois Road properties exceed today’s minimum lot size requirement, the 211 Maple Court property is less than the required minimum lot size. The proposed resubdivision will increase the size of the 900 Illinois Road property however; the additional land area will all be ravine, unbuildable area. The 880 Illinois property will decrease in overall size however, as noted above, the land area that will be transferred to the 900 property is entirely ravine. The buildable area of the 880 Illinois Road property will not change. The configuration of the 211 Maple Court property will be modified to provide a greater setback for the existing house from the west property line however, the total square footage of the property remains the same. An illustration of the proposed property line changes is included in the Council packet. The properties proposed for resubdivision are in the Historic Residential Open Space Preservation Overlay District which allows for variation in lot sizes for the purpose of protecting significant natural and historic resources. The purpose of this resubdivision is consistent with that goal. Tentative and final approval of the plat of subdivision is requested. A combined process for tentative and final approval of a plat is routinely used for straight forward subdivisions like this one. No development is planned. The Plan Commission held a public hearing on December 9, 2015, to consider this petition. No public testimony was presented on this petition. The Plan Commission voted 5 to 0 to recommend tentative and final plat approval and approval of the associated Special Use Permit to the City Council. The Plan Commission’s 12 Tuesday, January 19, 2016 City Council Agenda report and the approving Ordinance are included in the Council packet beginning on page 126. Findings in support of the resubdivision are detailed in the Ordinance. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance approving the Deromedi/Skinner Resubdivision as recommended by the Plan Commission. COUNCIL ACTION: Approve the Ten (10) Omnibus items. 6. ORDINANCES 1. Approval of an Ordinance Abating the 2015 Tax Levy for the 2008 General Obligation Bond Issue (First Reading) PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff requests approving the first reading of an Ordinance abating the 2015 tax levy associated with the 2008 GO Bond Issue. BACKGROUND/DISCUSSION: As a result of the Tax Levy Ordinance adopted by the City Council on December 7, 2015, it is projected that $635,000 in tax levy proceeds will be generated and available for additional abatement of debt service levies. The proposed Ordinance provides for the abatement of 2015 taxes levied for the 2008 General Obligation bond issue. The tax levies for all bond issues are established and recorded with the County Clerk at the time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement ordinance must be approved and filed with the County Clerk. The proposed Ordinance can be found on page 144. BUDGET/FISCAL IMPACT: The approval of the proposed Ordinance will reduce the debt service levy by $635,000 as contemplated by the tax levy ordinance adopted on December 7, 2015. COUNCIL ACTION: Grant first reading approval of the Ordinance abating the 2015 tax levy for the 2008 GO bond issue. 7. ORDINANCES AFFECTING CODE AMENDMENTS 1. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, Section 111.020, “Liquor Control Commissioner”, and Section 11.043(I), “Application for a Liquor License”. (First reading only.) STAFF CONTACTS: James Held, Chief of Police and Margaret Boyer, Deputy City Clerk (810.3674) 13 Tuesday, January 19, 2016 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests approval first reading of an amendment to the City of Lake Forest Liquor Code, Section 111.020, Liquor Control Commissioner, and Section 11.043(I), Application for a Liquor License. BACKGROUND/DISCUSSION: The recommended changes allow for the Liquor Control Commissioner to waive the requirement for all but local managers to be fingerprinted. Additionally the amendment addresses a new administrative fee for a change in Owner or Officer Letter required in connection with the State of Illinois. This new fee will be incorporated into the Fee schedule the next time the Fee schedule is adopted by the City Council. A black-lined version of the proposed Ordinance can be found on pg. 145. BUDGET/FISCAL IMPACT: The amendment will reduce the amount of Staff time required in processing renewal of Annual Retail Liquor Licensing. COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, Section 111.020, “Liquor Control Commissioner”, and Section 11.043(I), “Application for a Liquor License”. (First reading only.) 8. NEW BUSINESS 1. Request of a Waiver of the High Impact Traffic Fee for the Environmental Remediation Project at Fort Sheridan Landfill #1 PRESENTED BY: Robert Kiely, Jr., City Manager PURPOSE AND ACTION REQUESTED: Staff recommends the denial of the Army Corps of Engineers request for a waiver of the High Impact Traffic Fee. BACKGROUND/DISCUSSION: Landfill #1 is located in the northwestern corner of Fort Sheridan. Approximately 50 percent of Landfill #1 is on Army Reserve property ("On-Post Area"). The balance of Landfill 1 extends off-post on land owned and controlled by The City of Lake Forest ("Off-Post Area"). The Off-Post Area is comprised of a narrow dirt road and a thickly vegetative wooded area and ravine. The City owns the Off-Post Area and recreational and residential use are prohibited in this Area. Landfill #1 contains 34,025 cubic yards of soil and waste. Landfill #1 covers 50,695 square feet. According to the Remedial Investigation, subsurface waste at Landfill #1 consists of arsenic, benzo(a)pyrene, and lead. These wastes were found at depths of three to 45 feet. For the Off-Post Area, the Proposed Plan calls for waste and soil above the remedial action objectives ("RAOs") to be removed for off-site disposal, with the resulting excavation to be covered with clean fill. Site preparation necessarily will include clearance of significant amounts of trees and vegetation. This project is not related to the City’s project, Great Lakes Fishery & Ecosystem Restoration (GLFER) Program. A map depicting the location of the landfill and the City project is included in the Council packet beginning on page148 . Prior to 2006, the Army had approached the City with alternatives regarding either removal of waste within the City limits or capping the waste on a permanent basis. The City preferred removal of waste within the City limits with a monitoring system installed for 14 Tuesday, January 19, 2016 City Council Agenda groundwater quality. The Army informed the City that the City’s preferred alternative would be considered for funding in 2008 In the meantime, under pressure from IEPA, the Army made interim repairs at the site in 2007 when it was discovered that erosion had uncovered landfill waste on parts of the site. Some clearing was done and 2’ – 3’ of earth fill was placed on the landfill between the access road and the ravine. The area was seeded and erosion control methods were put in place. The U.S. Army is required by federal and state laws to remediate the landfill to ensure the protection of human health and the environment. Based on the anticipated waste volume, it is estimate that up to 4,000 truckloads will be required to remove the waste from the Army and Lake Forest property and to backfill/restore the site. Truck traffic would be routed between the base and Highway 41 via Westleigh and Sheridan Roads (a one- way distance of 2.3 miles). Based on this estimate, the High Impact Traffic Fee of $83,004.00 will be assessed. A copy of the High Impact Traffic Ordinance is included in the Council packet beginning on page 149 . BUDGET/FISCAL IMPACT: The purpose of the High Impact Traffic Permit Ordinance is to assess a fee in order to recoup the loss in serviceable life of the roadway due to the accelerated deterioration of the pavement caused by a high level of trucking activity. All High Impact Traffic Permit Fees remitted to the City are deposited into the Capital Fund for general maintenance and improvements of the City roadway infrastructure. COUNCIL ACTION: If determined to be appropriate by the City Council, staff recommends the City Council deny the Army Corps of Engineers request for a waiver of the High Impact Traffic Fee. 9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body and 120/2 (c) 5, possible acquisition of property. Adjournment into executive session RECONVENE INTO REGULAR SESSION 10. ADJOURNMENT Office of the City Manager January 13, 2016 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 15 Tuesday, January 19, 2016 City Council Agenda 16 17 2016 Community Goals Regard for Community Clarity of Expectations Deliberate Mindfulness Financial Acumen (Thoughtful Financial Planning) 18 2016 Priority Goals Redevelop Laurel Ave. Site CBD Station Renovation Telegraph Station Safety Enhancement Deerpath GC Plan Hospital Expansion 19 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 1 SPECIAL EVENT POLICY 1.0: PURPOSE 2.0: DEFINITIONS 3.0: AUTHORITY TO WAIVE REQUIREMENTS 4.0: PERMITS AND REQUIREMENTS 5.0: EXCEPTIONS 6.0: STANDARDS FOR ISSUANCE OF PERMIT; PERMIT CONDITIONS 7.0: PROCEDURE FOR REVIEW OF APPLICATIONS; LATE APPLICATIONS 8.0: SPECIAL CITY SERVICES 9.0: FEES 10.0: DUTIES OF PERMITTEE 11.0: HARDSHIP REQUEST; WAIVER OF FEES 12.0: SUSPENSION OR REVOCATION OF PERMITS 13.0: DENIAL OF PERMIT; APPEAL 1.0 PURPOSE. The two main purposes of this administrative directive include: to provide guidelines for staff in handling special event requests; and to create additional service relations among the Community. This directive establishes all special event classifications, and their corresponding processes for special event organizers to follow in requesting special event permits. This directive pertains to any special event that occurs either on public or private property, such as community-wide special events, marathons, parades, art shows, concerts, or home shows, which have a direct effect upon public property, traffic flow in the City, or public health or safety. This directive does not supersede existing Special Use Permits that have been approved for certain properties within the City. The City of Lake Forest Traffic Code provides that no procession or parade, except for the U.S. Armed Forces, the military forces of this State, and the police and fire departments, shall occupy, march, or proceed along any street, except in accordance with a permit issued by the City Manager. Funeral processions and block parties are also exempt from this process. The City welcomes all special events that meet the criteria set forth in this policy and which adhere to the requirements outlined in the City of Lake Forest Special Event Permit Application and Guide. 2.0 DEFINITIONS. For the purpose of this policy and future amendments thereto, certain terms and words are hereby defined. Whenever the following words, terms and/or phrases are used in this Policy, they shall have the meanings respectively ascribed to them in this Section as specified below, except where the context indicates a different meaning: BLOCK PARTY: (See “Residential Neighborhood Block Party”) CITY: The City of Lake Forest, County of Lake. CITY CLERK: The City Clerk of the City. CITY CODE: The City Code of the City of Lake Forest, County of Lake, as amended from time to time. CITY LIAISON: The City staff member assigned to function as the primary City contact for an event. 20 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 2 CITY MANAGER: The City Manager of the City, or his or her designee. CITY NON-SPONSORED COMMUNITY EVENT: An event which will be held, in whole or in part, on public property within the City and/or which will require the use of special City services; and (1) Certain elements of the event occur in the City (at minimum, the event will either commence or end in the City); and (2) Is organized by a community organization; and (3) The event is organized and held with the primary objective of serving as a fundraiser for the organization, but the event does provide some level of economic, cultural, or social benefit to the City. CITY SPONSORED COMMUNITY EVENT: An event which will be held, in whole or in part, on public property within the City and/or which will require the use of special City services; and (1) Occurs within the City; and (2) Is open to the public; and (3) Is supported by the City as evidenced by either the inclusion in the City budget or through adoption of a resolution identifying City support for the event; and (4) For which the City, with the express approval of the Corporate Authorities, is listed as a sponsor or co-sponsor in all promotional marketing materials for the event; and (5) The event is organized and held with the primary objective that creates activities that attract or retain people in the City, to foster community spirit, to increase business activity and tourism, and/or provide other economic, cultural and/or social benefits to the City. COMMUNITY EVENT: A special event which is a City-endorsed community event, or a City non-sponsored event. COMMUNITY ORGANIZATION: A not-for-profit or governmental organization located within the corporate limits of the City or within the area covered by the Lake Forest-Lake Bluff Chamber of Commerce or sponsored by qualifying charitable, civic, or governmental organizations which seek to strengthen and enhance certain aspects of the community and to strengthen Lake Forest’s identity as a premier community to live, work, and play. CORPORATE AUTHORITY: The Mayor and City Council of the City of Lake Forest. EVENT: A parade, race, walk-a-thon, public assembly, special event, or similar activity requiring a permit pursuant to this Policy. EVENT MANAGER: The person responsible on behalf of the sponsoring organization and/or permittee for managing the parade, public assembly, or special event and ensuring that the sponsoring organization and/or permittee and all participants and spectators comply with all the permit conditions, the City Code and City Charter, and all other requirements applicable to the sponsoring organization and/or permittee and the proposed Event, and which person shall also be the primary contact person between the permittee and the City Liaison responsible for coordinating all the submittals required by or requested by the City. EXHIBIT: An object or collection of objects shown in an exhibition, display, fair, etc. FOREST PARK “TABLELAND” AREA: The general greenspace area located on top of the bluff of Forest Park, including, but not limited to, the greenspace, trails, parking lots, amenities, or usage of roadways and streets adjacent to this area. 21 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 3 GARAGE SALE: All general sales of goods open to the public, conducted from a residential premises including, but not limited to, all sales entitled “garage,” “lawn,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market,” “rummage,” “estate,” “ or “moving” sale. MARKET SQUARE GREENSWARD: The general greenspace area located in the center of Market Square, this area also generally includes the usage of any adjacent streets or sidewalks in the downtown shopping area. OTHER EVENT: A special event which will be held, in whole or in part, on public property within the City and/or which will require the use of special City services, and: (1) Which is held primarily outside of the City; or (2) Which is held within the City but not meeting the criteria for City sponsored, or City endorsed or City non-sponsored; or (3) Which may or may not be organized by a community organization; or (4) Which is of limited economic, cultural and social benefit to the City PARADE: Any march, ceremony, show, exhibition, pageant, or procession of any kind, or similar display, upon any public property in the City where the number of participants and/or spectators is expected or may reasonably be expected to exceed one hundred (100) or more patrons and/or vehicles. PARK RESERVATIONS: A park reservation is defined as an authorization to make use of a park located within the corporate limits of The City of Lake Forest. A park reservation is not classified as a special event unless it meets the criteria set forth within the definition. If a park reservation does not meet the criteria set forth, the person(s) wishing to reserve park space must contact the Recreation Center located at 400 Hastings Road, at 234- 6700 for approval. PERMIT: A non-transferable permit issued under this Policy by the City to hold a special event, parade, or public assembly in the City. The Special Event Permit Application Form includes the form or forms approved by the City Manager for use in applying for a special event permit, which forms may be amended from time-to-time in the discretion of the City Manager. PERMITTEE: Any person or organization that has been issued a permit pursuant to this Policy. PERSON: Any individual, partnership, association, organization, or corporation. PRIVATE FUNCTION: Any event or gathering of persons of a temporary nature where attendance is by invitation only, or not intended for the general public without a fee, admission, or other charge assessed to attend. PUBLIC ASSEMBLY: Any congregation or gathering of persons held outdoors and upon any public property for the purpose of hearing or observing individuals or demonstrating views on a topic, either verbally or nonverbally, in the City where the number of participants and/or spectators is expected or may reasonably be expected to exceed one hundred (100) or more persons and/or vehicles. PUBLIC PROPERTY: Any public right-of-way or any property owned by or dedicated to the City. RESIDENTIAL NEIGHBORHOOD BLOCK PARTY: A special event consisting of a residential neighborhood gathering utilizing public property and/or limited special City services. SPECIAL EVENT: A community event, parade, private assembly, or other community event, which will be located in whole or in part, on public property within the City and/or which will require the use of special City services, and is generally classified as follows: 22 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 4 (1) “Class A” Event: A Class A Special Event is defined as a community event on public or private property, that may require equipment and resources from City departments, and may close the event location down to the public from its regular use for a period of time, and may otherwise impact streets, sidewalks, parking lots, or other public right-of-ways. Any event which is to take place in the Market Square Greensward, or the Forest Park Tableland Area shall be classified as a Class A event. (2) “Class B” Special Event: A Class B Special Event is defined as a community event on public or private property, that may require manpower and resources from City departments, and may either close the event location down to the public from its regular use for a limited period of time, or open the event location to a broader use base than is customary. A Class B Special Event has limited impact on the community-at-large, or a requirement of minimal City involvement. (3) “Class C” Special Event: A Class C Special Event is defined as any other special event on public or private property that may not require manpower and resources; however may require staff guidance with other Special Event organizers to create awareness and coordination where necessary. A Class C Special event does not fall into a category A or B category. SPECIAL CITY SERVICES: Services provided by the City during any parade, public assembly, special event, or similar event, which are in addition to above and/or beyond the respective level of such services and/or operations normally provided by the City, which services may include, but are not limited to, any of the following: street closures; provision of barricades; trash or recycling receptacles; special parking signs; special electrical services; special police protection or services; special fire/EMS protection or services; or use of City vehicles and/or equipment. The City Manager may authorize or restrict the usage and availability of special city services, at any time. SPECIAL CITY SERVICES FEES: Any charges to be paid by the sponsoring organization and/or permittee for special City services. SPONSORING ORGANIZATION: Any partnership, association, organization, or corporation, including the City, which is the permittee conducting, or the proposed permittee desiring to conduct any parade, public assembly, special event, or similar event. SUPPORT STRUCTURES: Any temporary exhibits or structures erected in connection with any parade, public assembly, special event, or similar event, including but not limited to stages, scaffolding, bleachers, tents, stands and/or booths. 3.0 AUTHORITY TO WAIVE REQUIREMENTS. The City Manager may, in his or her sole discretion, waive any provision(s) of this Policy. 4.0 PERMIT AND REQUIREMENTS. 4.1 General: 4.1.1 It shall be unlawful for any person to conduct an event within the corporate limits of the City unless a permit therefor has been issued pursuant to this Policy. 4.1.2 No event is permitted on any property within the City unless a permit allowing such activity has been obtained pursuant to this Policy. 4.2 Filing of Application: 23 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 5 4.2.1 Any person wishing to secure a permit pursuant to this Policy shall submit an application to the City to obtain such a permit, which application shall identify, among other items, the details of the event and permits which may be necessary or required to hold such event, as well as the name of an “Event Manager” for the proposed event, who shall be the primary contact between the permittee and the City in coordinating the submittals requested by or required by the City. This Policy applies to all events, including community events, as well as all other events held in the City and requiring the use of public property and/or special City services. 4.2.2 Any person seeking to obtain a permit pursuant to this Policy shall file an application with the City Manager not less than ninety (90) days before the date for which an event will utilize public property and/or special City services. Applications for permits shall be made to the City Manager. The City Manager may request additional information from the applicant. An application will not be considered filed until all the required and requested information is submitted as set forth in this Policy. The City Manager is authorized to establish rules, regulations and procedures, in addition to those provisions set forth in this Policy, for the processing of event permit applications. 4.2.3 In order for any application for a permit pursuant to this Policy to be reviewed by the City Manager or the Corporate Authorities, it must contain, minimally, any and all information and requested materials listed in Subsection 4.3 of this Policy, as well as other information and material which the City Manager may deem necessary, including but not limited to the provision set forth in Subsection 6.0 herein. 4.2.4 The City Manager shall have final approval authority of all applications for “Class B” and “Class C” special event permits issued pursuant to this Policy. The Corporate Authorities shall have final approval authority of all applications for “Class A” special event permits, or those which are to take place in Market Square or Forest Park pursuant to this Policy. 4.3 Cash Deposit Required: Before the issuance of any permit pursuant to this Policy, with the exception of events included under Section 5.0, the City Manager or the Corporate Authorities shall require the proposed permittee to furnish a cash deposit with the City Clerk in order to reimburse the City for any expenses incurred by the City relative to the proposed event, per the amount(s) established within the City’s Annual Fee Ordinance, or such other amount as reasonably determined necessary, by the City Manager, or his or her designee, prior to a permit being issued. 4.4 Contents of Application: Any application for an event permit filed with the City Manager shall contain, include, or be accompanied by the following information: 4.4.1 The name, address and phone number of the person signing the application, the proposed permittee, and the applicant’s event manager. 4.4.2 If the event is proposed to be conducted for, on behalf of, or by an organization, the application shall contain the name, address and phone number of the authorized and responsible leaders of the organization conducting the special event and the name, address and telephone number of the headquarters of the organization and the names, addresses, and telephone numbers of any state, regional, and national organizations with which the applicant organization is affiliated. 4.4.3 A description of the event that will be conducted. 24 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 6 4.4.4 The dates, times, and location of the event, including but not limited to the hours that the event will commence and terminate, the location of the assembly area, the time when the participants will begin to assemble, and the times necessary for any assembly and/or dismantling of any support structures. 4.4.5 The estimated number of people who will be in attendance at the event. 4.4.6 A statement as to whether food and/or alcohol beverages will be sold or available during the event. If food and/or alcoholic beverages are proposed to be sold or available during the event, the permittee shall be responsible to obtain the necessary permit(s), license(s), and/or approval(s) from the City from the applicable County health department, and/or such other applicable agencies for the sale of same and provide to the City a copy of said permit(s) and/or approval(s). 4.4.7 A Special Event Site Management Plan shall accompany the application which may include, but not be limited to: 4.4.7.1 The route to be traveled, including the starting point and the termination point, if any, along with the proposed traffic and pedestrian circulation plan; 4.4.7.2 Number and location of portable sanitation facilities, when appropriate, and other equipment, services or support structures necessary to conduct the event, giving due regard for participant and public health and safety and the requirements of the Americans with Disabilities Act; 4.4.7.3 The location of any event support structures or special City Services that are requested to be used for the event; and 4.4.7.4 The location of proposed parking facilities or public right-of-ways (e.g. streets, parking lots, etc.) that are requested to be used for the event. 4.4.8 The approximate number of persons, animals, and vehicles expected to participate in the parade, public assembly, special event, or similar activity. 4.4.9 A statement as to whether the event will occupy all or only a portion of the width of the streets or rights-of-way proposed to be utilized. 4.4.10 A statement identifying the special City services, if any, the applicant is requesting. 4.4.11 The number of persons or volunteers proposed to monitor or facilitate the event, including provisions for spectator or participant control and direction. 4.4.12 Provisions for first aid and emergency medical services, based on risk factors attendant to the event. 4.4.13 Such other information as may be reasonably necessary to determine compliance with this Policy, including but not limited to: a. A statement as to whether in the past the applicant has been granted such a permit from the City; 25 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 7 b. A statement as to permits granted by any other state, municipality, governing body or licensing authority, and a statement as to whether any such authority has ever revoked or refused to issue or renew such a permit, to the permittee, event manager or to the sponsoring organization, and an accurate statement as to the reasons for any such revocation or refusal; and c. A statement as to whether the permittee, event manager and/or the sponsoring organization seeking such a permit has ever been convicted of a felony, and if so, the nature of the offense and the punishment or penalty assessed therefor. 4.4.14 In the event an event includes activities for which a separate permit is required (e.g. fireworks display, carnival rides/amusements, park reservation, etc.), the applications and fees for such permit(s), as well as any other license(s) which may be required, shall be filed simultaneously with the application for the parade, public assembly, or special event permit and payment of all applicable fees for the permit and related license(s). 4.4.15 Any additional information which the City Manager or the Corporate Authorities shall find reasonably necessary to make a fair determination as to whether a permit should be issued. 5.0 EXCEPTIONS. Notwithstanding any of the provisions set forth in this Policy, the following shall include the following. These exemptions shall not preclude any event or similar activity from complying with all necessary building codes, special provisions, ordinances, or life safety permit and inspection requirements. 5.1 Governmental entities; 5.2 Educational institutions approved or authorized by the State of Illinois, provided that said event does not require the use of any special city services or use of any city-owned property or rights-of-way; 5.3 Daycare centers holding private special events shall be exempt from special event permitting, provided that said event does not require the use of any special city services or use of any city-owned property or rights-of- way; 5.4 Private special events when held within the confines of a building on private property; 5.5 Private special events when held within the confines of a public park and/or other facility governed by the Parks and Recreation department, or which qualifies as an activity defined as a “Park reservation”. Provided, however, that the anticipated attendance shall be less than one hundred (100) participants; 5.6 A residential neighborhood block party, as defined herein; 5.7 A garage sale, as defined herein; 5.8 Commercial filming requests and/or activities; 5.9 A funeral procession; 5.10 A private or public event which activities, event elements, support structures and/or other items related to the organization or facilitation of the event comply in all respects with the regulations contained within an special provision, ordinance, agreement, special use permit, or other document of covenants governing the us e of the proposed property, provided that said event does not require the use of any special city services; 26 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 8 5.11 City Sponsored Events, which include but are not limited to, Lake Forest Day, Tree Lighting Ceremony, Festival and Fireworks, Santa in Market Square, Open Air Market, and Concerts in the Square, or those adopted by the annual special event exemption list by the Corporate Authorities; or 5.12 Programming or special events administered by the Parks and Recreation Department of the City of Lake Forest. 6.0 STANDARDS FOR ISSUANCE OF PERMIT; PERMIT CONDITIONS. 6.1 General: The City Manager, or the Corporate Authorities shall issue a permit for an event as provided for under this Policy when, from a review of the application and other information as may otherwise be obtained, is found that: 6.1.1 The conduct of the event will not substantially interfere with the safe and orderly movement of traffic; 6.1.2 The event and related activity will not present an unreasonable danger to the health and safety of the applicant, City employees, or members of the public, which is to be determined upon the basis of past events that have occurred within the corporate limits of the City. 6.1.3 There are available at the time of the event a sufficient number of peace officers to police and protect lawful participants in the activity and maintain adequate police protection in the rest of the City. 6.1.4 The concentration of persons, animals and vehicles at the assembly points of the event will not unduly interfere with the proper fire and police protection or ambulance service. 6.1.5 The activity will not interfere with scheduled City functions or the normal activities of the public. 6.1.6 The conduct of such event will not unduly interfere with the movement of emergency equipment responding to an emergency. 6.1.7 Any parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. 6.1.8 Any parade, public assembly, special event, or similar activity is not being conducted for an unlawful purpose or for the sole purpose of advertising any product, goods or event and is not designed to be held purely for private profit. 6.2 Insurance; Hold Harmless Agreements. 6.2.1 Insurance: Before the issuance of any permit pursuant to this Policy, with the exception of a permit for a residential neighborhood block party, or for any provisions set forth in the exemptions under Section 5.0, the City Manager or the Corporate Authorities shall require the proposed permittee to furnish evidence of public liability coverage insurance in the amount of $1,000,000 naming the City, its officers, employees, agents, and volunteers, as additional insured in such form as may be determined by the City Manager to provide for the payment of any claims for personal injuries (including death and any injuries to City employees, agents, or contractors), property damage or other suits arising out of or connected with such parades, public assemblies, special events, or similar activities. 27 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 9 6.2.2 Each insurance policy required hereunder shall include a provision to the effect that shall not be subject to cancellation, reduction in any coverage, or to other material changes until notice thereof has been received by the City Manager not less than thirty (30) days prior to such cancellation or change and the City Manager has approved in writing such cancellation and/or change. The City Manager shall be authorized to approve or disapprove any such material change in an insurance policy, and the City’s disapproval thereof may result in the non-issuance, suspension, and/or revocation of said permit. 6.2.3 Each permittee, event manager, and/or sponsoring organization shall be required to maintain the insurance required hereunder in full force and effect for the duration of the permit period. Failure of the permittee, event manager, and/or sponsoring organization to maintain such insurance during such period shall result in automatic revocation of the permit. For the purposes of this Policy, the permit shall be effective during the event and include the time required before and after the event for construction, assembly, dismantling and removal of all materials, equipment and/or support structures, as well as the time following the event during which the public property shall be cleared and restored to the condition which existed prior to commencement of such event. 6.2.4 Hold Harmless Agreement: As part of each permit application, the permittee shall execute a hold harmless agreement with the City to indemnify and hold harmless the City, together with its officers, agents, volunteers, and employees from all losses, damages, injuries, claims, demands and expenses arising out of, or as the result of, the operation of the event, the special City services provided for the event, and/or the permit issued for same, and/or the condition, maintenance and use of the public property in connection with the event, as well as for any injury to or sustained by a City employee, agent, or contractor in conjunction with the event authorized by the City permit issued pursuant to this Policy. 6.3 Agreement for Payment of Costs of Special City Services : Prior to the issuance of any permit pursuant to this Policy, all permittees, event managers, and/or sponsoring organization’s shall agree to pay all fees for all special city services requested and/or required for the approved event, at a reasonable rate to be determined by the City Manager, as well as any third-party costs when the City Manager determines that it is reasonably necessary for the City to contract for additional special City services in conjunction with the parade, public assembly, or special event. Such costs shall be specifically set out in writing to the applicant, showing the basis of the costs, to the extent it is possible to do so. In addition, the permittee, event manager, and/or sponsoring organization shall also agree to pay and shall be responsible to pay for any damage created as a result of the event. 6.4 Multiple Applications for Same Time and Day: If the City Manager receives more than one (1) application for an event to be held at the same day and time, the application filed first in time shall take precedence, or at the discretion of the City Manager or his/her designee. An event shall be considered to be “at the same time” if the event is scheduled to commence within two (2) hours before or after the holding of another event within the corporate limits of the City. If the City Manager receives an application for more than one (1) parade, public assembly, or special event for a single day, the City Manager may set a time for the duration of each event. 6.5 Maximum number of Special Event Permits to be issued in a calendar year . The City Manager, or Corporate Authorities, shall have the authority to limit the number of special event permits issued in a calendar year. Upon disapproval by the City Manager and/or Corporate Authorities, based on the limits expressed herein, any permittee, event manager, and/or sponsoring organization shall be granted an opportunity to appeal the decision based on the provisions set forth in section 8.0. 28 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 10 6.5.1 “Class A” Special Event Permits – Shall not exceed five (5) permits in a calendar year 6.5.2 “Class B” Special Event Permits – Shall not exceed forty-five (35) permits in a calendar year 6.5.3 “Class C” Special Event Permits – Shall not exceed fifty (45) permits in a calendar year 6.6 Emergency Vehicle Access: Whenever a permit issued pursuant to this Policy authorizes the closure of a street, a clear path of not less than fifteen feet (15’) must be maintained throughout the duration of such event for the passage of emergency vehicles. 6.7 Other Conditions of Issuance of Permit: The City Manager, or Corporate Authorities, shall have the authority to impose conditions upon any and all permits issued pursuant to this Policy and to promulgate such additional rules and regulations, all as necessary or desirable for the implementation of this Policy, including but not limited to compliance with such other applicable provisions of the City Code, and/or for the health, safety and welfare of City residents. In addition to these and any other provisions, requirements, and/or exemptions therein, parades, public assemblies, special events, or similar activities may be subject to the following conditions: 6.7.1 Unless otherwise authorized by the Corporate Authorities or City Manager, no permit issued under this Policy may authorize the operation of an event for a period longer than three (3) consecutive days. 6.7.2 Unless otherwise authorized by the Corporate Authorities or City Manager, no permit issued under this Policy may authorize the operation of an event for a period longer than sixteen (16) calendar days per year. 6.7.3 Unless otherwise authorized by the Corporate Authorities or City Manager, no permit shall be issued for two (2) years from the date of acceptance of this Policy, unless otherwise authorizedby the Corporate Authorities or City Manager, which authorizes a special event to operate within the Forest Park “Tableland” Area or Market Square Greensward. 6.8 Conditions for Events in Market Square: The City Manager, or Corporate Authorities, shall have the authority to impose conditions upon any and all permits issued for events that are to utilize real property located in Market Square, including usage of the Greensward, or any adjacent streets, sidewalks, walkways, or rights-of-way. Unless otherwise authorized by the Property Owner, or City Manager and Corporate Authorities, these conditions include the following. 6.8.1 The use of support structures which are to be erected or placed upon the brick pavers or sidewalks in Market Square shall be prohibited. This provision shall include, but not be limited to, the installation of tents, canopies, barrels, weights, tables, chairs, or other structures that may adversely impact the structural integrity of the sidewalk or restrict pedestrian traffic and flow. 6.8.2 The use of anchoring systems for support structures within the Greensward in Market Square shall be prohibited. This provision shall include, but not be limited to, spikes, stakes, or other similar anchoring systems. 6.8.3 The use animals, as defined within the City Code, for special events in Market Square shall be prohibited. 29 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 11 6.8.4 Special events proposed to occur in Market Square, including the Greensward, shall have prior written approval by the Property Owner. 7.0 PROCEDURE FOR REVIEW OF APPLICATIONS; LATE APPLICATIONS. 7.1 The City Manager will assign to each event a City Liaison who will assist the applicant throughout the application process and will be the primary contact. 7.2 Upon receipt of an application for a permit pursuant to this Policy, the City Manager shall forward the application to the City Liaison he or she specifically selects for such event. Each applicant will be required to identify, as the applicant’s primary contact, an event manager to coordinate the application process and implementation of the event. The event manager will be notified by the City Liaison if the event requires additional permits, such as, but not limited to, a tent permit, carnival/amusement ride permit, fireworks permit, electrical permit, or liquor license permit, all of which must be obtained before an event permit will be issued. 7.3 The City Liaison shall supply the event manager with information or a list of permit requirements or additional permit application(s), if applicable. 7.4 The City Liaison shall forward copies of the application(s) to the Chief of Police, Fire Chief, Director of Community Development, the Director of Public Works, Director of Parks and Recreation, or their designees and/or any other departments of the City which may be affected by the event. Following review by each department of the application(s), the City Liaison shall coordinate the comments and recommendations from the various departments and submit such information and make recommendations to the City Manager or Corporate Authorities. Each City department shall analyze the application in light of: 7.4.1 All proposed permittee and related vendor license applications accompanying the application for permit, which applications and licensing regulations shall comply in all respects with the regulations contained in the City Code or City Charter, unless specifically approved by the Corporate Authorities; 7.4.2 Food vendors must submit proof of a valid permit issued or concurrence by the applicable County health department; 7.4.3 The proposed permittee and proposed liquor vendors, if any, must submit liquor license application(s) complying with all of the requirements of this Policy; 7.4.4 All proposed activities, event elements, support structures and/or other items related to the organization, facilitation of the event must comply in all respects with the regulations contained within a special provision, ordinance, agreement, special use permit, or other document of covenants governing the use of the proposed property to be utilized for the parade, public assembly, special event or similar activity; and 7.4.5 Tax Exempt Letter (not applicable to a residential neighborhood block party): If the permittee or sponsoring organization is a not-for-profit organization, a copy of the tax exempt letter for the organization must be provided. 7.5 After receipt and consideration of the recommendations from all other department heads, the City Liaison shall make a recommendation to the City Manager on the classification of the event. 30 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 12 7.6 For “Class B” and “Class C” special events, the City Manager shall consider said recommendations, and issue his or her approval or disapproval of an application for permit, based upon a review and consideration of the written recommendations and/or objections of the appropriate City departments and that of the City Liaison. 7.7 For “Class A” special events, or for other considerations contained within this subsection, the City Manager shall consider said recommendations and shall distribute to the Corporate Authorities copies of the application and the recommendations of the City Liaison and department heads, together with said City Manager’s recommendation for events: 7.7.1 Which will require use of a portion of certain property within Market Square; and 7.7.2 Which will require use of a portion, or the entirety of the Forest Park “Tableland” area; 7.7.3 Which will substantially interfere with traffic in the area; 7.7.4 Which will require a sufficient number of police or medical/EMS personnel to provide adequate police protection, traffic control, crowd control, or medical/EMS support for participants as well as spectators; 7.7.5 Which will subject surrounding neighborhoods to an elevated degree of noise, littering or parking difficulties, or other adverse conditions in light of the character of the neighborhood; and 7.7.6 Which will require any other additional special City services. 7.8 The City Manager and/or the Corporate Authorities, as applicable to the case, will provide written approval or disapproval of said application for an event permit and/or may impose in writing any general or special conditions with which the applicant, proposed permittee, the event manager, and the sponsoring organization, if any, must comply. The permit, once issued by the City, is nontransferable and can only be used on the designated dates and times as approved. 7.9 Late Applications: The City Manager, or the Corporate Authorities, in his or her and/or their sole discretion, when good and compelling cause is shown, may consider an application under the Policy which is filed less than the required period before the date of the parade, public assembly, special event, or similar activity that is proposed to be conducted. Said consideration, review and/or approval may be subject to additional fees, as set forth in the City’s Fee Ordinance. 8.0 SPECIAL CITY SERVICES. 8.1 General: The City may require special City services be provided for the parade, public assembly, special event, or similar activity. The determination of whether special City services shall be required shall be based upon the nature of the event and related activities, safety of the participants, inconvenience to the public, the location of the event, the expected vehicular and pedestrian traffic and congestion, the estimated attendance density of the area, size of the area, number of street closures, affected intersections and the public facilities required, or other provisions set forth herein within Subsection 6.1 of this Policy. The City Manager will have final authority, based on recommendations provided by the City Liaison or department heads, to determine the level, quantity, and location of special City services that will be required for the event. 8.2 Compensation for Special City Services: The City may require City resources, equipment, tools, or personnel including Police, Fire, Public Works, Community Development and/or Parks and Recreation employees to attend or provide services for the event. The cost of all special City services involved in advance of, during and after the day(s) of the event may be charged to the applicant, proposed permittee, the 31 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 13 event manager, and/or the sponsoring organization, except this requirement shall not be applicable to the exemptions set forth herein Section 5.0 of this Policy. The City may determine the amount of personnel necessary to ensure the safety of participants, minimize inconvenience to City residents, ensure the success of the event, and reduce public liability exposure to the applicant, proposed permittee, the event manager, and/or the sponsoring organization and the City. Prior to the event, the City will provide the event manager, permittee, and/or sponsoring organization an estimate of costs for such special City services. A final invoice will be transmitted to the applicant, permittee, the event manager, and/or the sponsoring organization reflecting the actual special City services provided for the event within thirty (30) days after its completion. 9.0 FEES. 9.1 General: All application fees or deposits for a permit, or any other required permit(s) for such event, are non- refundable. Once an event has commenced, and regardless of whether said permit has been suspended or revoked, all permit and/or license fees paid for such event are non-refundable, and the applicant, the permittee, the event manager, and the sponsoring organization, if any, are and shall be obligated to reimburse the City for all costs incurred by the City for provision of any special City service therefor. Permit fees and/or license fees shall be those amounts established by the Corporate Authorities from time to time in the Annual Fee Ordinance the City Code. 9.2 Cash deposits shall be paid at the time of application submittal, and in accordance with subsection 4.3 of this Policy. 9.3 Permit fees, or fees for special City services, shall be paid within thirty (30) days of the end date as indicated in the permit. 10.0 DUTIES OF PERMITTEE. All permittee(s), event manager(s), and sponsoring organization(s) under this Policy shall comply with all permit directions and conditions and with all applicable statutes, Codes, ordinances and rules and regulations. One of the authorized and responsible leaders of the organization conducting the parade, public assembly, special event, or similar activity shall carry the permit issued pursuant to this Policy on their person during the conduct of the event. 11.0 FEE WAIVER; HARDSHIP REQUEST. Permit fees, including but not limited to those related to raffle(s), liquor license(s), etc. shall not be waived unless specifically authorized in writing by the Corporate Authorities and/or unless such authority to waive any fees is granted by the Corporate Authorities to the City Manager. If an applicant, permittee, and/or sponsoring organization, for an event that has been classified as a “Class A” special event, requests a waiver of permit fees, fees for special City services, or other fees related to the event, approval by the Corporate Authorities of such waiver of City fees shall be required. If an applicant, permittee, and/or sponsoring organization, for an event that has been classified as a “Class B” special event or is a City non-sponsored community event, requests a waiver of permit fees, fees for special City services, or other fees related to the event, approval by the City Manager shall be required. Event Organizers shall file an fee waiver request form with the City Manager not less than forty-five (45) days before the date for which an event will occur. In reviewing an applicant, permittee, and/or sponsoring organization’s request for a waiver of fees or hardship request, the City may consider the following criteria: 11.1 The event is open to the public and is non-discriminatory; 11.2 The event is being administered or sponsored by a local not-for-profit organization that is based out of the City of Lake Forest, Illinois. 11.3 The event provides significant economic, cultural and social benefit to the City; 32 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 14 11.4 The event provides significant financial support or advantage to a local not-for-profit organization that is based out of the City of Lake Forest, Illinois. 11.5 The event has a limited impact on the community character or surrounding neighborhoods; 11.6 The event has a limited impact on the economic costs or use of special City services; 11.7 The event provides an economic benefit to the community; 11.8 The City level of City Services required beyond which what was requested; 11.9 The formal fee waiver request has been provided in a timely manner; and 11.10 Any other criteria which may provide the City Manager or Corporate Authorities a reasonable ability to grant such fee waiver or hardship request. 12.0 SUSPENSION OR REVOCATION OF PERMITS. 12.1 The City Manager may at any time suspend or revoke a permit if the operation or conduct of the event is in violation of any conditions, rules, and/or regulations imposed on the permit, any applicable provisions of the City Code or any other applicable law, or if, in the judgment of the City Manager, such revocation is necessary to preserve the health or safety of the public. When circumstances permit, the permittee, the event manager, and/or the sponsoring organization shall be given such notice as is possible and an opportunity to be heard prior to such suspension or revocation. In addition, the City Manager is authorized to suspend or revoke a permit if he or she finds: 12.1.1 That the application for the permit is incomplete and/or contains any false, fraudulent or misleading material statement; 12.1.2 That the applicant, permittee, event manager, and/or sponsoring organization made any false, fraudulent or misleading material statement, or has been convicted of perpetrating a fraud upon any person, whether or not such fraud was perpetrated in the course of conducting any business in the City; or that the applicant, permittee, and/or event manager has committed a felony; or 12.1.3 That the applicant, permittee, event manager, and/or the sponsoring organization have conducted any activities in the City in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. 13.0 DENIAL OF PERMIT; APPEAL: 13.1 Upon disapproval by the City Manager, and/or the Corporate Authorities as herein provided, of an application for a permit pursuant to this Policy, the City Manager shall deny issuance of such permit and forward written notification thereof to the applicant by regular U.S. Mail, e-mail, or by facsimile transmission. For purposes of this Policy, such notification shall be deemed received three (3) days after mailing such notification to the applicant at the applicant’s address shown on the respective application, or at the time of facsimile or e-mail transmission to the applicant. 13.2 Any person aggrieved by a decision of the City Manager shall have the right to appeal that decision to the Corporate Authorities, provided that such appeal is in writing and is filed with the City Clerk within ten (10 ) days of the applicant’s receipt of the notification of denial by the City Manager. 33 THE CITY OF LAKE FOREST ADMINISTRATIVE DIRECTIVE 1-17 Office of the City Manager Updated December 2015 15 13.3 The Corporate Authorities shall set a time and place for a hearing on such appeal and notice of such hearing shall be given in writing to the appellant by regular U.S. Mail or electronic correspondence. 13.3.1 The Applicant shall have the right to be represented at such hearing by counsel at the appellant’s expense. 13.3.2 At a hearing conducted under this subsection, all interested persons, including but not limited to the proposed permittee, community residents, and representatives of community groups, shall be given an opportunity to be heard. 13.3.3 The Corporate Authorities shall also accept any relevant written testimony or documentation regarding the proposed event. 13.3.4 The decision and order of the Corporate Authorities on such appeal shall be final. ________________________________ Robert R. Kiely, Jr. City Manager Created 3-15-2001 Rev. 12-2015 34 Draft – November 25, 2015 {00009520 2} 1 RESOLUTION 201XX - THE CITY OF LAKE FOREST POLICY FOR THE ACQUISITION, INVENTORY, SALE, LEASE, AND RETENTION OF PUBLIC PROPERTY BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: Section One: PURPOSE AND AUTHORITY The City of Lake Forest is the owner of real property that is used for various purposes. As the needs of the community change, the status for these properties may be reviewed and revised, and on occasion, certain parcels may be found to be unnecessary for the City's current and reasonably anticipated future needs. From time to time, the City may also seek to acquire additional real property for the benefit of the City and its residents. Additionally, the City recognizes that certain lands having community benefit can be more cost-effectively managed and operated through cooperative arrangements that may include mutual transfers of land. The purpose of this policy is to establish a procedure whereby City-owned real estate is reviewed for its potential public or private use, non- City-owned real estate is reviewed to determine the merits of its acquisition by the City, and lands having community benefit are strategically assessed to determine the most cost- effective alignment of ownership interests. This Resolution and Policy are enacted pursuant to the City’s home rule authority. Section Two: DISPOSITION A. Policy. The City Council or its designee will periodically review all City-owned real estate and determine the appropriate use of the property. The City shall evaluate the current use of, potential uses of, estimated market value of, cost of maintaining, and benefits to the community at large of the property when determining whether the property should be retained, leased, licensed, or disposed of. The City's goal is to optimize the use, sale price, or revenue generated from City-owned property. B. Procedures for the Disposition of Land. 1 Real Estate Review and Classification of Use 1.1 Inventory: All City-owned real estate will be reviewed on a regular basis to determine current use, maintenance costs, public benefit of the 35 Property Disposition {00009520 2} 2 property, and revenue generated by the property. An inventory and map of all City-owned real estate shall be maintained that will provide technical and historical data such as: acreage, improvements, year acquired, conditions on use, existing zoning, etc. 1.2 Classification: Using the inventory the City Council or its designee shall classify the intended use of all City-owned properties and shall categorize said properties as sell, retain for public purpose, lease, license, vacate, or other. The City Council or its designee may then choose to act on this designation as described herein. 2 Properties to be Retained. Once a property is designated to be retained no further action is necessary other than to update the inventory, until the City Council or its designee determines a change in status is warranted. 3 Properties to be Sold. The following shall take place pursuant to a recommendation to sell surplus City property: 3.1 Property Disposition File: Staff shall create a file of all pertinent records pertaining to the property including: information resulting from a title search, permit files, zoning actions, code enforcement actions, environmental reports, deed files, plats, utilities, easements, and any other relevant information. 3.2 Report to Council: A report shall be given to the City Council in executive session regarding the contents of the property disposition file and a determination shall be made whether to continue with the sale of surplus property. 3.3 Notice of Intent: The City Council shall provide a Notice of Intent to sell surplus property. A notice shall be sent by certified mail to the "adjoining property owners." For purposes of this notice, "adjoining property owners" shall be the property owners of all properties adjacent and contiguous to the surplus property, unless (a) rezoning of the surplus property is contemplated, in which case notice shall be sent to all property owners entitled to notice under the Zoning Code, or (b) the City Council or its designee identifies a more expansive list of property owners to be so notified. For purposes of this section, the "property owners" of an adjoining property shall be deemed to be the person(s) to whom real estate tax bills are sent. The notice shall inform adjoining property owners of: 1) the City’s intent to declare property surplus, 2) the current zoning classification of the property and the permitted density and type of development that may occur, and 3) if necessary, notice of the City’s intent to modify the existing zoning of the property. The notice shall invite the adjoining property owners to appear before the Council or the appropriate Board or Commission. 36 Property Disposition {00009520 2} 3 3.4 Rezoning and Comprehensive Plan Amendments: Prior to marketing a parcel, the City Council shall review the existing zoning and Comprehensive Plan designation for the parcel and determine whether they remain appropriate for the surplus property or properties. If so directed by the Council, staff shall initiate any necessary zoning processes. 3.5 City Council Declares Property Surplus: The City Council shall declare by Resolution that a property is surplus and shall direct that it be sold. As part of the Resolution the City Council may place conditions on the property sale. 3.6 Property Value Determined: The City shall optimize the sale price from City-owned real estate based on relevant factors including: (1) the value established by a certified, licensed, or MAI appraisal or valuation by an impartial real estate professional of the property conducted within six months of the time the sales agreement is presented to the City Council, (2) prevailing economic conditions and recent applicable trends, and (3) any special benefits to accrue from the sale or lease or limitations to be placed upon the property. 3.7 Sale of Real Estate: City-owned property may be sold by sealed bid or a negotiated sale, at the direction of the City Council. 3.7.1 Sealed Bid: If directed by the City Council, land which is readily marketable and unrestricted in its sale potential may be sold to highest bidder at public auction either by sealed bid provided that the highest bid equals or exceeds the minimum unpublished price established by the City (see 3.6) prior to bid opening, which price shall not be lower than 80% of the appraised value, unless otherwise approved by the City Council. 3.7.2 Negotiated Sales: If no bids are received, no bids are deemed acceptable to the City Council, or if the City Council waives the bidding process and directs a negotiated sale, the City may seek to sell land by one of the following: 3.7.2.1 Marketing - Competitive offers may be solicited from the open market place. This may be accomplished through a number of marketing techniques such as requests for proposals (RFPs), direct advertising, exposure through real estate services, posting the property, and any other appropriate means. 3.7.3 Direct marketing - When the land is not readily marketable because of its odd shape or lack of sufficient area, or is landlocked or otherwise lacking in sales potential, property may 37 Property Disposition {00009520 2} 4 be sold by taking offers or by negotiation with adjoining landowners provided the purchase price agreed upon is not less than 80% of the appraised value, unless otherwise approved by the City Council. 3.8 City Council Approval: Notice of the property sale shall be published as consistent with State Statute and the final purchase price and contract shall be subject to approval by the City Council by a three-fourths vote. 3.9 Payment for City Surplus Property: Sales of real property shall be on a cash basis, unless otherwise authorized by the City Council. 4 Properties to be Vacated. The following shall take place pursuant to recommendation to vacate City property: 4.1 Property Disposition File: Staff shall create a file of all pertinent records pertaining to the property including; information resulting from a title search, permit files, zoning actions, code enforcement action, environmental reports, deed files, plats, utilities, easements and any other relevant information. 4.2 Review by City Attorney and City Engineer: The property to be vacated shall be reviewed by the City Attorney and City Engineer and any pertinent information shall be included in the property disposition file. The City Attorney and City Engineer shall identify any easements or interests that should be retained by the City. 4.3 Report: A report shall be given to the City Council or its designee regarding the contents of the property disposition file and a determination shall be made whether to proceed with vacation of the property. 4.4 Notification and Meetings with Adjoining Property Owners and the Neighborhood: Notification shall be provided to all adjoining property owners. Such notice shall be sent by certified mail. For purposes of this notice, "adjoining property owners" shall be the property owners of all properties whose property adjoins the City property being considered for vacation, unless the City Council or its designee identifies a more expansive list of property owners to be so notified. For purposes of this section, the "property owners" of an adjoining property shall be deemed to be the person(s) to whom real estate tax bills are sent. A neighborhood meeting with adjoining property owners shall be scheduled and conducted by staff or City Attorney if so directed by City Council or City Manager to explain the vacation process and timeline and to review ownership, access, property rights and any other relevant information. 38 Property Disposition {00009520 2} 5 4.5 Document Preparation: The City Attorney and/or staff shall prepare the necessary documents for vacation. 4.6 Presentation to Council and Action: Staff shall present to the City Council the necessary documents for vacating the property. 5 Properties to Be Leased or Licensed: The City shall strive to obtain a fair market rate of return on City-owned or controlled property being considered for lease or license and negotiate terms and conditions that will continue to sustain a fair market rate of return through rent or use fee review, consumer price index adjustments, reappraisals, or the application of percentage rents or use fees to gross income. 5.1 Legal Considerations: Prior to the lease or license of any City-owned property, the City shall consider whether a lease or license is the appropriate means of conveying a property or use interest, based on the use of the property, the length of the agreement, the tax status of the property and the user, and the proposed terms of the agreement. 5.2 Approval: The following procedure is to be followed for lease approval, depending upon the length of the lease. 5.1.1 Leases or licenses of five years or less that do not exceed $20,000 per year may be approved by the City Manager. 5.1.2 Leases or licenses longer than five years, or those that exceed $20,000 per year shall require advance notice publication, which must include full information about the lease or license specifics, and City Council approval. 5.3 Lease Term Guidelines: The following are guidelines for the lease or license of City property. These are guidelines only and market conditions may dictate alternate arrangements. 5.3.1 Term: Lease or license terms may range in length based on tenant or user demand and market realities. Leases or licenses may include an option to extend the lease or license for similar periods at similar terms. Upon termination or expiration of any lease or license that cannot be approved by the City Manager under this Policy, staff shall recommend to the Finance Committee whether to solicit bids for said lease or license. If bids are solicited, the Finance Committee would recommend to the City Council approval or disapproval of the bids received. The City Council shall make the final determination on such lease or license. 5.3.2 Rates: Lease or license rates shall be established based on a current appraisal, comparative studies, or past rents or user fees 39 Property Disposition {00009520 2} 6 received. The lease or license may include an increase each year equivalent to the Chicago Area Consumer Price Index (CPI) or an established market rate. Such increase will be effective upon the anniversary date of the lease or license. 5.4 Inventory: An inventory of all City leases and licenses shall be maintained and shall periodically be reviewed in total by the City Council or its designee. 6 General: 6.1 Deliberation: Since discussing the sale, license, or lease of City-owned property in a public session may disadvantage the City in its negotiations, the City Council or its designee may discuss matters regarding the disposition of City-owned property in closed session in accordance with the requirements of the Open Meetings Act. Any final action, however, shall occur in open session and shall disclose the revenue from any sale or lease and the appraised value of the property involved. 6.2 Observance with State Law: To the extent practicable and advantageous to the City, the City will adhere to all state and local laws as they relate to the sale of public property. Section Three: ACQUISITION A. Policy. Because of the uniqueness of real estate in terms of its location, size, and physical characteristics, as well as the vagaries of the real estate market itself, the acquisition of real estate ordinarily cannot be planned with the same precision or consistency as the City plans the acquisition of rolling stock or other capital investments. Further, the City does not seek out properties for acquisition unless there is a public purpose for which such property will be used. Such need or use may be based on current or anticipated conditions, as well as long-term planning objectives. In addition, the City should ordinarily not pursue the acquisition of real estate for the purpose of displacing the private real estate market, unless such acquisition is pursued as part of a plan to advance economic development or other redevelopment activities. B. Planning Considerations. The City, as part of its comprehensive planning and its various narrower planning activities, should periodically review its current and long-term real property needs. To the extent that real estate needs are identified, the City staff and officials should be periodically notified of such needs so that opportunities that may arise to address the City's real estate needs can be promptly identified and addressed. 40 Property Disposition {00009520 2} 7 C. Procedures for Evaluating Land Acquisitions. The circumstances under which the City may seek to acquire real estate will often dictate the procedures that the City should follow in connection with any land acquisition. In addition, whether the City is prepared to exercise its eminent domain powers in connection with a land purchase will also affect the manner that the City proceeds with an acquisition. The procedure for evaluating any potential acquisition may vary depending on whether the acquisition is strategic, planned, or minor. 1 Types of Property. Generally City land acquisitions will fall into one of the following categories. 1.1 Strategic Property. Strategic Properties may be identified and prioritized based on the following criteria. 1.1.1 Economic: The property presents a unique economic opportunity for the community which has been determined to be unlikely to be achieved if the property is left to independent market forces. 1.1.2 Use: The highest and best use of the property, as envisioned by the City Council, is not likely to be achieved through independent market forces. 1.1.3 Location: The property provides an opportunity for public infrastructure improvements, repair or enhancement. Or, the property presents an opportunity for connection or contiguity of existing publicly owned land or rights-of-way which would support a public purpose. 1.1.4 Significance: The property or structures on the property hold special significance for the community and may be in danger of deterioration or loss without City intervention. 1.1.5 Transitional: The property is located between two distinct uses and the manner in which the property may be developed is determined by the City to have the potential to either be “additive”, enhancing the surrounding uses or, a ”detractor” having the potential for a negative impact of surrounding and established uses. 1.1.6 Need: The property meets a need previously identified by the City or provides the opportunity for a use determined to be in the best interest of the community. 1.1.7 Availability: The property is available due to a unique set of circumstances which may not occur again. 41 Property Disposition {00009520 2} 8 1.1.8 Other: Such other factors that, under the circumstances, present a special advantage to the City or the Lake Forest community, which may include the purchase and resale of the property for the purpose of making a profit on the transaction. 1.2 Planned Property. Planned Properties are those properties that the City has determined must be acquired to effect stated goals of the City Council. Planned Properties may include, but are not limited to, property to be acquired for development or redevelopment purpose, such as property within a TIF District, or properties to be acquired for City development and use, such as a public building. 1.3 Minor Property. Minor Properties are those properties that the City may from time-to-time seek to acquire for City easements or rights-of-way. Minor properties are those that may be acquired by the City for under $20,000, or such higher limit as the City Council may authorize. 2 Types of Acquisition. The City may acquire property through eminent domain proceedings or other methods as further identified herein. 2.1 Eminent Domain. Eminent Domain acquisitions are those that are effected due to the City's statutory right to condemn land. 2.2 Non-Eminent Domain. Non-Eminent Domain transactions may include purchases on the open market, those resulting from bids at a land auction, gifts of property, and any other acquisition resulting from a negotiated agreement. 3 Process for Acquisition. While the process for acquisition may vary based on circumstance, the following guidelines generally identify the process by which the City should acquire property. 3.1 Strategic Property. Strategic Properties should be identified and acquired through the following procedure. Strategic Properties may be acquired for public use (in whole or in part), to address a temporary need that is beneficial to the community, or for other purposes that will be beneficial or desirable for the City or the Lake Forest community. Strategic Properties do not have to be for the purpose of long term City ownership. 3.1.1 Proposal. Upon becoming aware of an opportunity for the City to acquire a Strategic Property, any member of the Council, Property and Public Lands Committee ("PPL"), or Staff may refer the matter to staff for a preliminary assessment. 42 Property Disposition {00009520 2} 9 3.1.2 Preliminary Assessment. Upon referral, Staff will conduct a preliminary assessment of the property to determine whether it meets the criteria identified in Section Three, C.1.1 above. If Staff believes the criteria are met, it shall refer its finding on to the PPL for preliminary review. 3.1.3 Preliminary Review. After receiving a Preliminary Assessment, the PPL will evaluate the Staff's recommendation and either seek a detailed review from the Staff or make a recommendation to the PPL (or, if recommended by the PPL, the City Council) regarding whether or not the property constitutes a Strategic Property that should be acquired by the City. 3.1.4 Detailed Review. If directed by the PPL the Staff shall complete a detailed review of the property to determine whether or not it qualifies as a Strategic Property that should be purchased. Such review may include, but is not limited to, obtaining appraisals, conducting inspections, preparing engineering plans or environmental reports, and seeking any additional relevant information regarding the property. The degree of detail in this review may vary based on the property involved and the circumstances that have caused such property to be identified as strategic. 3.1.5 Recommendation to City Council. After the appropriate review, the PPL will make a recommendation to the City Council regarding whether or not and under what terms the property should be purchased. 3.1.6 Purchase Process. Should the City Council wish to proceed with the acquisition, it shall direct the City Manager, in consultation with the City Attorney, to effect the acquisition under such terms and conditions as have been determined by the City Council. If circumstances warrant, the City Council may determine that other persons are better suited to pursue an acquisition on behalf of the City. If the City makes a successful offer for the acquisition of land, then the contract for purchase must be presented to the City Council for formal approval. 3.2 Planned Property. Planned Property may be purchased on the open market or through eminent domain proceedings. Prior to establishing the terms of the acquisition of any Planned Property, the City must seek an appraisal of the Planned Property. The PPL will review the appraisal and any other relevant materials regarding the Planned Property and make recommendations to the City Council regarding terms of acquisition. If the City is acquiring the Planned Property through eminent domain, it must follow the requirements set forth in Illinois law. 43 Property Disposition {00009520 2} 10 3.3 Minor Property. For acquisitions Minor Properties, the City Manager shall pursue such acquisitions in such manner as the Manager determines to be in the best interest of the City and in the most cost-effective manner. The Manager shall only make such acquisitions as permitted by the budget approved by the City Council, and shall make a report to the City Council describing the nature and terms of the acquisition. 4 General. 4.1 Closed Meetings. Unless and until a purchase offer is accepted, all meetings to consider such acquisition should be conducted in executive session to the extent permitted under the Open Meetings Act. 4.2 Financing Plan. As part of the procedures for evaluating any acquisition of land, the City shall give such consideration as is reasonable under the circumstances to: (a) the cost of the land (including acquisition, development, and maintenance costs); (b) the fiscal impact of the land acquisition, if any (e.g., the impact on taking property off the roll of taxable properties); and (c) the funds available for the purchase (whether moneys are readily available or can be obtained through various financial avenues such as bonds or grants). 4.3 Responsible Bodies. In all cases, the City Council should be making final decisions on all property acquisitions (except for the minor acquisitions noted above, in which cases the City Council can give general authorization to the City Staff for final selection and implementation). Depending on the timing and circumstances surrounding a potential acquisition, the PPL should be the primary body for vetting an acquisition and making a recommendation to the Council. If an acquisition is part of a broader policy examination (e.g., a TIF District or a Comprehensive Plan), other subordinate bodies in the City may also be asked to review possible land acquisition opportunities. Further, acquisitions that may result form private development activities, including subdivisions and planned unit developments, are not covered by this policy, as this policy is not intended to supplant plan commission review. Section Four: STRATEGIC AND MUTUAL LAND TRANSFERS A. Policy. The City of Lake Forest benefits from many talented and public-minded persons and entities (both public and private) that exercise good stewardship over lands within the corporate limits of Lake Forest that have special characteristics and features. Under appropriate circumstances, opportunities may arise under which strategic and mutual transfers of property interests can be effected to ensure the 44 Property Disposition {00009520 2} 11 most cost-effective implementation of stewardship responsibilities between the City and other local partners for these lands or the advancement of other important policies of the City. Although the City is supportive of capitalizing on such opportunities, the primary goal in doing so is to ensure for the residents of Lake Forest the long-term preservation and protection of these special properties and the overall character of the City. B. Implementation. Because the opportunities and appropriateness of strategic and mutual property transfers will be unique to the properties and situations involved, no particular procedures can be established for implementing such arrangements. Such arrangements may arise because of unique or specialized skills or resources available to a potential partner in such arrangement, or because of unusual circumstances that places a potential partner in a better position than the City to take advantage of a particular opportunity. As a result, the City Council and its PPL shall direct the City Manager on whether, and in what manner, to pursue such arrangements. Ordinarily, where City lands are transferred in the context of such an arrangement, appropriate covenants, easements, or other reservation of rights of the City or its residents should be incorporated into the arrangement. Additionally, if the City transfers an interest in land as part of an arrangement, the City should generally seek to retain residual interests in the land being transferred or to acquire other lands that provide some offsetting value to the City and its residents. Adopted by the City Council of The City of Lake Forest on ______________________ AYES: NAYS: ABSTAIN: Approved this _____ day of __________________. ________________________________ Mayor ATTEST: City Clerk 45 THE CITY OF LAKE FOREST RESOLUTION NO. ____________ A RESOLUTION DIRECTING ACTIONS RELATED TO IMPLEMENTATION OF THE CULTURAL CORRIDOR STUDY AND CONSIDERATION OF THE LONG TERM DISPOSITION OF 361 E. WESTMINSTER (THE CURRENT LOCATION OF THE LAKE FOREST/LAKE BLUFF HISTORICAL SOCIETY) WHEREAS, The City of Lake Forest (the “City”) is a home rule special charter municipality established and existing in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the City has a long tradition of protecting and preserving the community’s distinctive character by thoughtful planning, engagement of stakeholders and residents, and careful deliberations by the City’s Boards and Commissions; and WHEREAS, in 2011, the area east of McKinley Road, between Westminster and Illinois Road, the “Cultural Corridor”, was identified as a strategic area, an area directly related to the City’s Central Business District, the commuter rail line and various community institutions; and WHEREAS, in January, 2011, the Cultural Corridor Task Force was established for the purpose of exploring potential opportunities and synergies available to the community due to changing circumstances in the area; and WHEREAS, on May 31, 2011, the Task Force completed its work and issued a report which is attached as Exhibit A hereto; and WHEREAS, the changing circumstances as earlier anticipated are now coming to pass with the upcoming relocation of the Lake Forest/Lake Bluff Historical Society, leaving the 361 E. Westminster structure unoccupied, and the change of ownership of some of the privately owned parcels in the Cultural Corridor; and WHEREAS, recent structural and systems evaluations of the 361 E. Westminster structure identified numerous and significant deficiencies in the building; and 46 2 WHEREAS, implementation of the Report and Recommendations of the Cultural Corridor Task Force and assessment of the 361 E. Westminster structure and underlying property is appropriate at this time to assure that the window of opportunity to plan for cohesive redevelopment of the Cultural Corridor is not lost due to incremental redevelopment of individual parcels and to assure that careful consideration is given to the long term disposition of the 361 E. Westminster property in the context of the redevelopment of the larger Cultural Corridor area; WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to implement the Report and Recommendations of the Cultural Corridor Task Force and to assess and evaluate the 361 E. Westminster structure and underlying property and its long term disposition in the context of the larger Cultural Corridor; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated in, and made a part of, this Resolution by this reference as findings of the City Council of The City of Lake Forest. SECTION TWO: DIRECTION TO CITY STAFF. The staff is directed to conduct appropriate study and due diligence, engage stakeholders and provide the necessary information to the Plan Commission and Historic Preservation Commission to allow for public discussion and deliberation on the 361 E. Westminster structure and underlying property and implementation of the Report and Recommendations of the Cultural Corridor Task Force and SECTION THREE: DIRECTION TO THE HISTORIC PRESERVATION COMMISSION. The Historic Preservation Commission is directed to consider the 361 E. Westminster structure, its architectural integrity; the existence, or lack thereof, of a continued relationship to the original structure(s) of which it was a part; and its importance and relevance, or lack thereof, to the Historic District and to the community. The Commission is also directed to consider the current condition of the structure and the potential for its viable, long term adaptive reuse and 47 3 SECTION FOUR: DIRECTION TO THE PLAN COMMISSION. The Plan Commission is directed to consider the report of the Cultural Corridor Task Force and to evaluate an overall development plan for the Cultural Corridor for general consistency with the vision established by the Cultural Corridor Task Force. The Commission is directed to explore opportunities for synergies and shared amenities between the private and publicly owned properties and rights- of-way and to consider opportunities for variances from by right zoning provisions or other incentives that may be deemed appropriate or necessary to achieve an overall development plan that provides for a cohesive, high quality development in this strategic area. The overall development plan, the structures, hardscape and landscape should be additive to the Central Business District and reflective of the distinctive and historic character of the surrounding Historic District. The Commission is directed to forward a recommendation to the City Council in the form of an overall redevelopment plan for the Cultural Corridor. SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force and effect upon the passage and approval. PASSED THIS _______DAY OF _______________, 2016. AYES: NAYS: ABSENT: APPROVED THIS _____ DAY OF ______________, 2016. _______________________ Mayor ATTEST: ______________________ City Clerk 48 THE CITY OF LAKE FOREST RESOLUTION NO. ____________ A RESOLUTION DIRECTING STUDY AND ASSESSMENT OF THE LONG TERM VIABILITY OF BENNETT HALL ON THE GROVE CAMPUS AND EXPLORATION OF OPTIONS FOR FUTURE USE AND SUSTAINABILITY WHEREAS, The City of Lake Forest (the “City”) is a home rule special charter municipality established and existing in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the City has a long tradition of protecting and preserving the community’s distinctive character by thoughtful planning, engagement of stakeholders and residents, and careful deliberations by the City’s Boards and Commissions; and WHEREAS, in 1997, the City acquired the approximately 26 acre Grove Campus parcel and established the Grove School Adhoc Planning Committee to plan for long term community use of the Campus and the various buildings located on the Campus; and WHEREAS, in 1999, an initial Master Plan for Grove Campus was approved by the City Council through a Special Use Permit which authorized restoration and adaptive reuse of the buildings and site; and WHEREAS, today, much of Grove Campus is a thriving center for arts, music, educational programs and social and recreational activities for residents of all ages, both Lake Forest residents and residents of neighboring communities; and WHEREAS, to date, one of the buildings on the Campus, Bennett Hall, remains in need of significant repairs and restoration and a long term use or uses; and WHEREAS, in 2014, the Property and Public Lands Committee directed that a process be undertaken to update the Grove Campus Master Plan and consistent with that direction, work to prepare a draft plan is underway; and 49 2 WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to assess and evaluate Bennett Hall and to incorporate into the Grove Campus Master Plan, flexibility as appropriate to provide opportunities for viable long term use of Bennett Hall; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated in, and made a part of, this Resolution by this reference as findings of the City Council of The City of Lake Forest. SECTION TWO: DIRECTION TO CITY STAFF. The staff is directed to conduct appropriate study and due diligence, engage stakeholders and provide the necessary information to the Plan Commission and Historic Preservation Commission to allow for public discussion and deliberation on Bennett Hall and the draft updated Grove Campus Master Plan and SECTION THREE: DIRECTION TO THE HISTORIC PRESERVATION COMMISSION. The Historic Preservation Commission is directed to consider Bennett Hall, its architectural integrity and its importance, or lack thereof, to the overall Grove Campus and to the community. The Commission is also directed to consider the current condition of Bennett Hall and the potential for viable, long term adaptive reuse of the structure. The Commission is directed to forward a recommendation to the City Council with respect to Bennett Hall and SECTION FOUR: DIRECTION TO THE PLAN COMMISSION. The Plan Commission is directed to review the draft update of the Grove Campus Master Plan giving consideration in particular to a wide range of opportunities for viable, long term adaptive use of Bennett Hall and as appropriate, see that the updated Grove Campus Master Plan provides the necessary latitude and flexibility to accommodate such uses in a manner that is generally compatible with the vision for Grove Campus and the surrounding residential neighborhood. The Commission is directed to forward a recommendation to the City Council pertaining to an amendment to the 50 3 Special Use Permit for Grove Campus for the purpose of approving an update to the Grove Campus Master Plan. SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force and effect upon the passage and approval. PASSED THIS _______DAY OF _______________, 2016. AYES: NAYS: ABSENT: APPROVED THIS _____ DAY OF ______________, 2016. _______________________ Mayor ATTEST: ______________________ City Clerk 51 The City of Lake Forest CITY COUNCIL Proceedings of the December 7, 2015 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Adelman and Alderman Moreno. Absent: Alderman Pandaleon Also present were: Robert Kiely, City Manager; Susan Banks, Communications Manager; Elizabeth Holleb, Finance Director; Victor Filippini, City Attorney; Catherine Czerniak, Director of Community Development; Michael Thomas, Director of Public Works; James Held, Chief of Police; Karl Walldorf, Deputy Chief of Police; Craig Lepkowski, Police Commander; Sally Swarthout, Director of Parks & Recreation; Mike Strong, Assistant to the City Manager; Jim Lockefeer, Management Intern and Anne Whipple. There were approximately 40 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 announced that Boy Scout troop #46 was attending the City Council meeting, as they are working on their Citizenship and Eagle Scout badges. A. Matt Barba, Innkeeper, Deer Path Inn Mayor Schoenheider introduced Mr. Barba, Innkeeper at the Deer Path. Mr. Barba thanked the community for the warm reception that the Inn has received since its reopening. B. Resolution of Appreciation for retiring employee and Administrative Assistant/ Marketing Specialist Catherine Japuntich Mayor Schoenheider read the Resolution and photos were taken. COUNCIL ACTION: Approve the Resolution Alderman Newman made a motion to approve the Resolution, seconded by Alderman Beidler. Motion carried unanimously by voice vote. C. Resolution of Appreciation for retiring employee and Crime Prevention Officer Michael Goy 52 Proceedings of the December 7, 2015 Regular City Council Meeting COUNCIL ACTION: Approve the Resolution Mayor Schoenheider read the Resolution and photos were taken. Alderman Reisenberg made a motion to approve the Resolution, seconded by Alderman Moreno. Motion carried unanimously by voice vote. Mayor Schoenheider read the Resolution and photos were taken. Officer Goy thanked the Council for the Resolution and stated how proud he was to work for The City of Lake Forest. D. Swear in Fire Fighter Daniel Lainio Mayor Schoenheider and Interim Deputy Chief Pete Siebert Mayor Schoenheider introduced Interim Deputy Chief Siebert, who gave a brief background on Firefighter Paramedic Daniel Lainio. Mayor Schoenheider administered the oath to Mr. Lainio. Interim Deputy Chief Siebert gave a brief overview of the POP (paid on premise) program that the Fire Department participates in. COMMENTS BY CITY MANAGER A. Approval of Expenditures from the Market Square 2000 Account City Manager Robert Kiely Jr. reported that under the Market Square agreement, a public hearing is required. Mr. Kiely introduced Superintendent of Parks & Forestry Chuck Myers, Mr. Myers explained that required letters were sent out weeks prior and a notice was posted. He went on to explain the request is for brick repair in the walk way in Market Square, and that the cost of the work was shared with L3 (the owner of Market Square). The Council had discussion on typical annual expenditures, account balance and how to replenish the fund in the future. Mr. Myers stated that the funds in the account are for the sole purpose of maintaining and improving the landscape and streetscape elements of Market Square. Mayor Schoenheider opened the Public Hearing at 6:53 p.m. **** OPEN A PUBLIC HEARING**** Mayor Schoenheider asked if there was anyone who would like the opportunity to review and comment on the expenditures. There was no public comment ****CLOSE THE PUBLIC HEARING **** Mayor Schoenheider closed the Public Hearing at 6:54 p.m. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Approval of expenditures from the Market Square 2000 Account in the amount of $10,000. 53 Proceedings of the December 7, 2015 Regular City Council Meeting Alderman Beidler made a motion to grant approval of expenditures from the Market Square 2000 Account in the amount of $10,000, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. City Manager Robert Kiely Jr., reported that he had it on good authority that Santa and some of his reindeer will be in Market Square on Saturday, December 12. COMMENTS BY COUNCIL MEMBERS FINANCE COMMITTEE A. Consideration of an Ordinance Establishing the 2015 Tax Levy (Grant Final Approval) Elizabeth Holleb Finance Director reported that this subject was discussed at length at the Finance Committee workshop on November 9, and at the November 16 City Council meeting. The implications from the State not balancing its budget continue to impact the City five months later. House Bill 2939 allowed for distribution to begin again on revenue sources frozen/suspended to include: MFT (Motor Fuel Tax), Local Use Tax and E911 Revenue. The proposed tax levy for 2015 reflects a 2.93% increase over the 2014 tax levy extensions for the City and Library operating funds, City pension, City capital improvement and debt service funds. The average increase to existing residents ($800,000 home) is projected to be $91 or 2.69%. The City remains hopeful that the State will balance its budget. A summary of the proposed levies is as follows: The City Council had discussion on The City of Lake Forest’s AAA Bond rating, long term trends in revenues and expenses and the benefits of long-term financial planning. Proposed FUND 2015 LEVY 2014 Extension $ CHANGE % CHANGE City General 13,656,851$ 13,271,576$ 385,275$ 2.90% Pension Funds 4,763,040 4,659,821 103,219 2.22% Fire Pension PA 93-0689 56,891 60,898 (4,007) -6.58% Recreation 1,365,180 1,354,346 10,834 0.80% Parks 3,038,628 3,014,511 24,117 0.80% Recreation & Parks/Specific Purpose 125,000 125,000 Special Recreation 415,040 411,746 3,294 0.80% Capital Improvements 635,000 635,000 Library 3,526,480 3,490,634 35,846 1.03% Library sites 391,969 388,858 3,111 0.80% Bond Funds 1,539,159 2,021,303 (482,144) -23.85% TOTAL TAX LEVY - CITY 29,513,238$ 28,673,693$ 839,545$ 2.93% School District 67- ESTIMATED 31,653,860$ 31,100,845 553,015$ 1.78% GRAND TOTAL 61,167,098 59,774,538 1,392,560$ 2.33% 54 Proceedings of the December 7, 2015 Regular City Council Meeting Mayor Schoenheider asked if there was anyone from the public who wanted to comment: Bruce McIlvaine, 1062 S. Green Bay Road asked a question about the levy and offered his opinion to the Council. Mayor Schoenheider then asked again if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Grant final approval of an Ordinance Establishing the 2015 Tax Levy Alderman Newman made a motion to grant final approval of an Ordinance Establishing the 2015 Tax Levy, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. B. Approval of Ordinances Abating 2015 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Grant Final Approval) Elizabeth Holleb, Finance Director, reported that The abatement of these general obligation Alternative Revenue bonds is possible due to the fact these bond funds have an adequate revenue source from water sales, golf fees, sales tax or payments from the U.S. Treasury. Therefore, the general obligation tax levy can be abated as was planned at the time the bonds were issued. Ms. Holleb also stated that these abatement Ordinances do not include the $635,000, and that the Council will see this again in January. Mayor Schoenheider then asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various general obligation bond issues. . 2015 Debt Service Levy and Abatements Levy per County TIF Golf Water .5 NHRST Int Rebate Net Levy 2008 821,575.00 821,575.00 2009 277,620.00 277,620.00 2010A 0.00 0.00 2010B 172,500.00 (60,353.43) 112,146.57 2010C 445,311.26 (67,415.10) 377,896.16 2011A 135,187.50 0.00 (135,187.50) 0.00 0.00 2011B 2,692,800.00 (98,567.50) (2,063,642.50) (530,590.00)0.00 2013 335,762.50 335,762.50 2015 249,158.85 0.00 249,158.85 5,129,915.11 0.00 (98,567.50) (2,198,830.00) (530,590.00) (127,768.53) 2,174,159.08 55 Proceedings of the December 7, 2015 Regular City Council Meeting Alderman Moreno made a motion to grant final approval of the Ordinances abating tax levies for various general obligation bond issues, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. PERSONNEL COMPENSATION AND ADMINISTRATION A. Approval of Health Insurance Contract Renewals Director of Human Resources DeSha Kalmar reported that the PCA Committee and Staff are recommending retaining current health plan providers. Ms. Kalmar explained the City provides a self-funded medical and dental plan. The cost of the City plan each year is determined by actual claims, fixed costs for administration, reinsurance, and costs for life insurance. Administration and billing services are currently provided by Professional Benefit Administrators (PBA). Stop Loss coverage is placed with Voya (formerly ING). Life coverage is placed with Cigna Life. Preferred Provider Network administration is provided through Cigna. Pharmacy card services are provided by ServeYou Rx. Note that Cigna Life insurance is currently under a contractual rate guaranteed until January 2017. A formal Request for Proposal process was completed in the fall of 2015 for stop loss coverage. The Transplant Coverage, Pharmacy Services, and Administration Services were not bid this year in anticipation of making plan changes and possible changes to the PPO structure in 2016 (or for implementation in 2017). Last year, the City renewed with Serve You Pharmacy services under a one year contract, and has achieved better terms for the coming year. The PCA Committee considered the items listed below at its December 4 meeting and voted to recommend approval of the following: • Retain Serve You Rx Pharmacy Benefit Administration for Prescription Drug Card services and change the Copay structure to add a higher cost drug copay of $50. • Retain Professional Benefit Administrators (PBA) for administration and billing services • Adopt Teledoc to provide virtual doctor visits for everyday illness • Retain CIGNA as the preferred provider network administration through PBA • Retain Voya (formerly ING) for stop loss coverage based on favorable renewal negotiations and retain Optum Health for Transplant coverage. The City received bids from five carriers. • Renew Optum Health for Transplant Coverage, a component of Stop Loss Coverage. 56 Proceedings of the December 7, 2015 Regular City Council Meeting • Retain CIGNA for life insurance o An RFP was completed last year. CIGNA offered the best rate and extended the rate guarantee through 2016 The PCA Committee and staff are recommending that the City Manager be authorized to execute the contracts necessary to accomplish the above items. The City Council had discussion on the TeleDoc. Mayor Schoenheider then asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion COUNCIL ACTION: Authorize the City Manager to execute contracts retaining Professional Benefit Administrators (PBA) for administration and billing services, retain preferred provider network administration with CIGNA through PBA, retain Voya for stop loss coverage, renew with Optum Health for transplant coverage, a component of stop loss coverage, and retain CIGNA for life insurance. Alderman Reisenberg made a motion to authorize the City Manager to execute contracts retaining Professional Benefit Administrators (PBA) for administration and billing services, retain preferred provider network administration with CIGNA through PBA, retain Voya for stop loss coverage, renew with Optum Health for transplant coverage, a component of stop loss coverage, and retain CIGNA for life insurance, including waiver of first reading, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the November 16, 2015 City Council Meeting Minutes 2. Check Register for Period October 24- November 20, 2015 3. Resolution of Appreciation for retiring Deputy Fire Chief Chris Garrison (who was unable to attend this evening) 4. Consideration of an Ordinance approving a Fee Schedule and Ordinances adopting new fees related to Development Activity and Lake Forest Fitness Center Membership (Grant Final Approval) 5. Approval of a Resolution transferring assets of the Lake and McHenry Counties Fire Departments Specialized Response Teams to MABAS Divisions 4 & 5 SRT 57 Proceedings of the December 7, 2015 Regular City Council Meeting 6. Approval of Resolution regarding the ICMA-RC Governmental Money Purchase Plan & Trust Adoption Agreement 7. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 8. Consideration of a recommendation from staff to authorize the City Manager to enter into a contract with Craig Bergmann Landscape Design, Inc. 9. Award of Bid for the Replacement of Eight Refuse Scooters for the Sanitation Section Included in the FY2017 Capital Equipment Budget 10. Approval of a Concrete Services License Agreement between The City of Lake Forest and Di Tomasso Excavating, LTD 11. Consideration of a Recommendation from the Property and Public Lands Committee in Support of Reimbursement for Environmental Investigation Undertaken at the Laurel and Western Avenues Site. (Approval of a Motion) COUNCIL ACTION: Approve the eleven (11) Omnibus items as REVISED. Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. Seeing none, the Mayor asked for a motion to approve the eleven Omnibus items as revised. Alderman Reisenberg made a motion to approve the Omnibus, including waiver of first reading, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman 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 ORDINANCES AFFECTING CODE AMENDMENTS 1. Consideration of an Ordinance Amending Chapter 118 of the City Code, as Recommended by City Staff. First Reading City Manager Robert Kiely reported that the proposed amendment will eliminate the current licensing and inspection requirements of public passenger vehicles and drivers, as well as the licensing requirement of public passenger businesses or corporations not located within the limits of the City of Lake Forest. While the changes affect a minor revenue source, the amount of committed personnel time and the inability to equitably license or inspect other types of public passenger vehicles and drivers (read Lyft, Uber, and limousine services) outweigh any revenue the City currently collects. 58 Proceedings of the December 7, 2015 Regular City Council Meeting Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Grant First reading approval of the Ordinance amending the City Code relating to Vehicles for Hire. Alderman Beidler made a motion to grant first reading approval of the Ordinance amending the City Code relating to vehicles for hire, seconded by Alderman Newman. Motion carried unanimously by voice vote. 2. Consideration of an Ordinance Amending Chapters 31, 38, 39, 40 and 41 of the City Code to conform to practices and policies relating to the City’s Finance Department (First Reading) Elizabeth Holleb, Finance Director reported that the changes that are proposed are primarily to clarify or reflect current practices and policies. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Grant first reading approval of the proposed Ordinance Amending Chapters 31, 38, 39, 40 and 41 of the City Code relating to the Finance Department. Alderman Moreno made a motion to grant first reading approval of the proposed Ordinance Amending Chapters 31, 38, 39, 40 and 41 of the City Code relating to the Finance Department, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote. NEW BUSINESS Mayor Schoenheider announced that there will be no further business heard by the Council following the executive session. 1. EXECUTIVE SESSION pursuant to 5ILCS 120/2 (c), (6), The City Council will be discussing the consideration for the sale or lease of property owned by the Public Body and (21) semi-annual review of the minutes mandated by Section 2.06 of the Open Meetings Act. Alderman Beidler made a motion to Adjournment into executive session at 7:30 p.m. pursuant to 5ILCS 120/2 (c), (6), (21), seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Adjournment into executive session RECONVENE INTO REGULAR SESSION The City Council reconvened back into regular session at 8:55p.m. 59 Proceedings of the December 7, 2015 Regular City Council Meeting ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Moreno. Motion carried unanimously by voice vote at 8:55 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. 60 61 62 63 64 65 66 {00009545 2} 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2016-___ AN ORDINANCE AMENDING CHAPTER 118 OF THE CITY CODE RELATING TO VEHICLES FOR HIRE 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 of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City Council Liaison (the “Panel”) reviewed Chapter 118 of the City Code; and WHEREAS, the Panel determined that making certain changes to Chapter 118 will promote a clearer understanding of the Code and thereby would serve the best interests of the City and its residents; and WHEREAS, the Panel has also recommended that streamlining City regulations regarding vehicles for hire is desirable and appropriate in light of changes in technology and the manner in which services are delivered by vehicles for hire; and WHEREAS, the Mayor and City Council, having considered the recommendations of the City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and amending Chapter 118, “Vehicles for Hire,” of the City Code 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: 67 {00009545 2} 2 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: Repeal of Sections 118.030 through 118.048. Sections 118.030 through 118.048, relating to “Licenses in General” and “Public Passenger Vehicle Business Licenses,” of Chapter 118, entitled “Vehicles for Hire,” of the City Code are hereby repealed in their entirety, and such Sections so that said Sections 118.030 through 118.048 shall hereafter be and read as follows: §§ 118.030 through 118.048. Reserved. SECTION THREE: Amendments to Sections 118.049 and 118.050. Section 118.049, entitled “Service Requirements,” and Section 118.050, entitled “Suspension or revocation of Business Licenses,” of Chapter 118, entitled “Vehicles for Hire,” of the City Code are hereby amended in their entirety, so that said Sections 118.049 and 118.050 shall hereafter be and read as follows: § 118.049 SERVICE REQUIREMENTS. The following minimum service requirements shall be maintained by each person, firm or corporation hereunder licensed vehicle for hire. (A) No more than that number of persons for which any vehicle hereinunder licensed has seating accommodations shall be conveyed at any one time. (B) When any vehicle for hire licensed hereunder has been engaged by one or more persons traveling together, the driver of the vehicle shall not pick up other persons, except upon the express request or consent of the person or persons first engaging the vehicle. (C) Each licensee shall render adequate passenger service and have available to call from 5:00 a.m. to 2:00 a.m., or at such other times as may be designated from time to time by the City Council, duly licensed public passenger vehicles to the extent reasonably necessary to meet the public demand for such service. Reserved. 68 {00009545 2} 3 (D) No vehicle for hire licensed hereunder shall be occupied by anyone other than a driver, a farepaying passenger or passengers, or officers or employees of the owner at any time while such vehicle is standing near any railroad station or other public place or while such vehicle is either standing or in operation upon any street or alley or parcel of land owned or leased by the city. (E) Each vehicle, except a vehicle licensed and used exclusively as a public limousine, shall be equipped and operated with two-way radio maintained in good operating order at all times. (F) Each taxicab standing within a taxi stand or taxi loading zone shall be attended by a driver and shall at all times while so standing be immediately available for service. § 118.050 Reserved. SUSPENSION OR REVOCATION OF BUSINESS LICENSE. The issuance of a public passenger vehicle business license as hereunder shall be deemed a privilege and each such license, issued may be revoked or suspended by the City Council for any violation of this chapter, for failure to maintain minimum service requirements, for fraud or misrepresentation or whenever the public interest will be served hereby. SECTION FOUR: Repeal of Sections 118.065 through 118.092. Sections 118.065 through 118.092, relating to “Vehicle Licenses” and “Driver’s License,” of Chapter 118, entitled “Vehicles for Hire,” of the City Code are hereby repealed in their entirety, and such Sections so that said Sections 118.065 through 118.092 shall hereafter be and read as follows: §§ 118.030 through 118.048. Reserved. SECTION FIVE: Amendments to Sections 118.125 and 118.126. Section 118.125, entitled “Parking,” and Section 118.126, entitled “Standing,” of Chapter 118, entitled “Vehicles for Hire,” of the City Code are hereby amended in their entirety, so that said Sections 118.125 and 118.126 shall hereafter be and read as follows: § 118.125 PARKING. 69 {00009545 2} 4 It shall be unlawful for taxicabs, motor buses or other public passenger vehicles to park upon any public street or parking lot, except in those areas and at such time as allowed by City Code are designated by ordinance by the City Manager and after the payment of such fees as may be determined from time to time by the City Manager. § 118.126 STANDING. Public passenger vehicles licensed under this chapter may stand only at such places and times as designated by City Code ordinance. SECTION SIX: 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 _____, 2016 AYES: NAYS: ABSENT: ABSTAIN: Approved this _____ day of ____, 2016 Mayor ATTEST: Deputy City Clerk 70 {00009332 2} 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2016-___ AN ORDINANCE AMENDING CHAPTER S 31, 38, 39, 40, AND 41 TO CONFORM CODE PROVISIONS TO PRACTICES AND POLICIES RELATING TO THE CITY’S FINANCE DEPARTMENT 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 of Lake Forest (the “City Code”) to assure that it appropriately addresses new issues that may arise; and WHEREAS, at the direction of the City Council, the City Staff, City Attorney, and City Council Liaison (the “Panel”) reviewed Chapters 31, 38, 39, 40 and 41 of the City Code; and WHEREAS, the Panel determined that making certain changes to Chapters 31, 38, 39, 40 and 41 will promote a clearer understanding of the Code and thereby would serve the best interests of the City and its residents; and WHEREAS, the Mayor and City Council, having considered the recommendation of the City Manager, City Staff, City Council Liaison, have determined that adopting this Ordinance and amending Chapters 31, 38, 39, 40 and 41 of the City Code 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. 71 {00009332 2} 2 SECTION TWO: Amendments to Chapter 31. Chapter 31, entitled “Officers and Employees,” of the City Code is hereby amended as follows: A. Section 31.009, entitled “Moneys Received,” is hereby amended in its entirety, so that Section 31.009 shall hereafter be and read as follows: § 31.009 MONEYS RECEIVED. Every officer or employee of the city shall promptly turn over all money received by him or her on behalf of the city within 24 hours to the City Treasurer; and with such money, he or she shall give a statement as to the source thereof. B. Section 31.073, entitled “Moneys Collected,” is hereby amended in its entirety, so that Section 31.073 shall hereafter be and read as follows: § 31.073 MONEY COLLECTED. The City Clerk shall promptly turn over all money received by him or her on behalf of the city within 24 hours to the City Treasurer; and with such money he or she shall give a statement as to the source thereof. C. Section 31.078, entitled “Salary,” is hereby amended in its entirety, so that Section 31.078 shall hereafter be and read as follows: § 31.078 SALARY. (A) The City Clerk shall receive an annual salary, in such amount as may be provided from time to time by ordinance or approval of the City Council, in lieu of all the fees, costs and other emoluments provided by law to be paid to such City Clerk. (B) All fees, costs and other emoluments provided to be paid to such City Clerk, by statute, ordinance or regulation, in the performance of his or her duties as City Clerk, and in the performance of the collateral duties of said office, including those as ex officio local Registrar of Vital Statistics, shall be promptly paid over by him or her to the City Treasurer within 24 hours of the time of receipt with a statement as to the source thereof. 72 {00009332 2} 3 D. Section 31.091, entitled “Bond,” is hereby amended in its entirety, so that Section 31.091 shall hereafter be and read as follows: § 31.091 BOND. (A) Before entering upon In connection with the duties of his or her office, the City Treasurer shall be given a bond, in a sum and form at least twice as large as the probable amount of moneys to be received or held by said Treasurer, the amount of the same to be fixed by the City Council, with two one or more sureties, to be approved by the City Council. (B) The city shall pay the cost of any bond required of said officer by the statutes of the state or the ordinances of the city. E. Section 31.094, entitled “Deposit of Funds,” is hereby amended in its entirety, so that Section 31.094 shall hereafter be and read as follows: § 31.094 DEPOSIT OF FUNDS. The City Treasurer shall promptly deposit all money belonging to the City which shall come into his or her hands with a regularly designated City depository within 24 hours of the time such money comes into his or her hands. F. Section 31.130, entitled “Election,” is hereby amended in its entirety, so that Section 31.130 shall hereafter be and read as follows: § 31.130 ELECTION. (A) The City Marshal and Collector, an administrative officer, shall be appointed by the Mayor with the approval of a simple majority of the City Council and shall hold office for such term as provided by §4 of Article II of the City Charter. (B) Notwithstanding anything to the contrary in this Code, all duties and powers assigned to the City Collector in this Code shall be assigned to and performed by the City Treasurer. G. Section 31.131, entitled “Bond,” is hereby amended in its entirety, so that Section 31.131 shall hereafter be and read as follows: 73 {00009332 2} 4 § 31.131 BOND. Before entering upon the duties of his or her office, the City Marshal and Collector shall execute a bond to the City in such sums and with such securities as may be prescribed by the City Council, conditioned that he or she shall faithfully execute the duties of his or her office and account for and pay over and deliver all money and other properties received. In connection with the duties of his or her office, the City Marshall and Collector shall be given a bond, in a sum and form to be fixed by the City Council, with one or more sureties, to be approved by the City Council. H. Section 31.134, entitled “Special Assessments and Special Tax,” is hereby amended in its entirety, so that Section 31.134 shall hereafter be and read as follows: § 31.134 SPECIAL ASSESSMENTS AND SPECIAL TAX. The Marshal as Unless otherwise collected by the County Collector or Treasurer, the City Collector shall be charged with the collection of all special assessments and special taxes for the construction of improvements in the City, and shall perform such duties and keep such records and make such reports in connection therewith as may be prescribed by the City Council. I. Section 31.135, entitled “Money Received,” is hereby amended in its entirety, so that Section 31.135 shall hereafter be and read as follows: § 31.135 MONEY RECEIVED. The City Marshal and Collector shall promptly turn over all money received by him or her on behalf of the City within 24 hours to the City Treasurer. J. Section 31.136, entitled “Reports,” is hereby amended in its entirety, so that Section 31.136 shall hereafter be and read as follows: § 31.136 REPORTS. The City Marshal and Collector shall file with the City Clerk a monthly prepare periodic statements showing all money received by him or her on behalf of the City, and the disposition thereof, and he or she shall make such other reports an annual report of delinquent special assessments as required by law. 74 {00009332 2} 5 SECTION THREE: Amendments to Chapter 38. Chapter 31, entitled “Purchasing and Payment,” of the City Code is hereby amended as follows: A. Section 38.02, entitled “Payment Procedures,” is hereby amended in its entirety, so that Section 38.02 shall hereafter be and read as follows: § 38.02 PAYMENT PROCEDURES. (A) The Director of Finance shall prepare a monthly summary of all warrants (the “warrant list”) to be drawn on the city treasury for the payment of all sums due from the city (including all warrants relating to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments which denotes the particular fund to which the warrant is chargeable and the person to whom the warrant is payable. (B) (1) The warrant list detail of invoice payments shall be presented for review to the Chairperson of the City Council’s Finance Committee (or to another member of the City Council as designated by the Finance Committee Chairperson) for review and recommendation. All items on the warrant list detail recommended for payment by the Finance Committee Chairperson (or the Chairperson’s designee) shall be presented in summary form to the City Council for approval or ratification pursuant to subparagraph A. (2) Any member of the City Council shall, upon request made to the City Manager or Director of Finance, receive a copy of the warrant list detail as recommended by the Finance Committee Chairperson (or the Chairperson’s designee). (C) The City Council may approve the warrant list as so recommended by the Finance Committee Chairperson (or the Chairperson’s designee) by a concurrence of the majority of the City Council as recorded through a roll call vote. B. Section 38.31, entitled “Authority to Approve Purchases,” is hereby amended in its entirety, so that Section 38.31 shall hereafter be and read as follows: § 38.31 AUTHORITY TO APPROVE PURCHASES. (A) The City Manager or his or her designee shall have the power to make all purchases involving a total expenditure of less than $20,000. All 75 {00009332 2} 6 other purchases (except as otherwise provided in Section 38.37) shall require the approval of the City Council. (B) No purchase shall be made without an approved budgetary allocation or appropriation by the City Council in the amount of the purchase. (C) The City Manager shall endeavor to include vendors located within the city when making purchases governed by this chapter where practical. The City Manager is authorized to accept the bid or quote of a vendor located within the city where the quality, customer service, responsiveness and other aspects of the vendor and its bid or quote are at least equivalent to the lowest vendor and its bid or quote. C. Section 38.37, entitled “Authority to Approve Other Purchases and Contracts,” is hereby amended in its entirety, so that Section 38.37 shall hereafter be and read as follows: § 38.37 AUTHORITY TO APPROVE OTHER PURCHASES AND CONTRACTS. For any purchase or contract not otherwise authorized for approval by the City Manager pursuant to §§ 38.30 through 38.37, such purchases and contracts shall be approved in one of the following manners. (A) Except as provided in division (B) below, for contracts with vendors or other providers delivering services on an unspecified but ongoing basis in annual amounts anticipated to be more than $20,000, such contracts or similar authorizations shall be presented to the City Council for consideration as part of the review and approval of the city’s annual budget. (B) For contracts relating to insurance-related services from vendors or other providers delivering services on an unspecified but ongoing basis in annual amounts anticipated to be more than $20,000 but whose costs for services are established on a calendar year basis, such contracts or similar authorizations shall be presented to the City Council for consideration prior to the beginning of the calendar year for which services are to be provided. (C) For contracts relating to services of a regular but routine nature for which savings might be attained through multi-year arrangements in which the annualized amount of the contract is expected to exceed $20,000, such contracts or similar authorizations may shall be competitively bid and presented to the City Council for consideration and 76 {00009332 2} 7 approval not less frequently than every five years as directed by the City Council. (D) For contracts with vendors or other providers: (1) Delivering supplies or, parts or services on an as-needed basis in individual amounts under $20,000 but in annual amounts anticipated to be more than $20,000; or (2) Delivering instructional services as part of fee-based recreational programs such contracts or similar authorizations may be approved by the City Manager; provided that: (a) The the total amount approved for such contracts or other authorizations by the City Manager do not exceed the amounts set forth in the city’s annual budget; and (b) The the budgeted amount for such contracts or similar authorizations does not exceed $75,000. (E) For all other contracts, by presentation to, and approval or ratification by, the City Council as a specific matter for consideration. SECTION FOUR: Amendments to Chapter 39. Chapter 39, entitled “Taxation,” of the City Code is hereby amended as follows: A. Section 39.023, entitled “Tax Imposed,” is hereby amended in its entirety, so that Section 39.023 shall hereafter be and read as follows: § 39.023 TAX IMPOSED. (A) Pursuant to § 8-11-2 of the Illinois Municipal Code (65 ILCS 5/8- 11-2) and any and all other applicable authority, a tax is imposed upon the privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the city at the following rates, calculated on a monthly basis for each purchaser: (1) For the first 2,000 kilowatt-hours used or consumed in a month: $0.61 per kilowatt-hour; (2) For the next 48,000 kilowatt-hours used or consumed in a month: $0.40 per kilowatt-hour; (3) For the next 50,000 kilowatt-hours used or consumed in a month: $0.36 per kilowatt-hour; (4) For the next 400,000 kilowatt-hours used or consumed in a month: $0.35 per kilowatt-hour; (5) For the next 500,000 kilowatt-hours used or consumed in a month: $0.34 per kilowatt-hour; (6) For the next 2,000,000 kilowatt-hours used or consumed in a month: $0.32 per kilowatt-hour; 77 {00009332 2} 8 (7) For the next 2,000,000 kilowatt-hours used or consumed in a month: $0.315 per kilowatt-hour; (8) For the next 5,000,000 kilowatt-hours used or consumed in a month: $0.31 per kilowatt-hour; (9) For the next 10,000,000 kilowatt-hours used or consumed in a month: $0.305 per kilowatt-hour; and (10) For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month: $0.30 per kilowatt-hour. (B) The tax is in addition to all taxes, fees and other revenue measures imposed by the city, the state or any other political subdivision of the state. (C) Notwithstanding any other provision of this chapter, the tax shall not be imposed if and to the extent that imposition or collection of the tax would violate the Constitution or statutes of the United States or the Constitution of the state. (D) The tax shall be imposed with respect to the use of consumption of electricity by residential customers beginning with the first bill issued on or after August 1,1999; and with respect to the use or consumption of electricity by nonresidential customers beginning with the first bill issued to such customers for delivery services in accordance with § 16-104 of the Public Utilities Act (220 ILCS 5/16-104), or the first bill issued to such customers on or after January 1, 2001, which ever issuance occurs sooner. B. Section 39.125, entitled “Hotel Tax,” is hereby amended in its entirety, so that Section 39.125 shall hereafter be and read as follows: § 39.125 HOTEL TAX. (A) (1) HOTEL for the purpose of this section shall have the same definition as is set forth in the Illinois Hotel Operators Occupation Tax Act which is any building or buildings in which the public may, for a consideration, obtain living quarters, sleeping or housekeeping accommodations. (2) The term includes inns, motels, tourist homes or courts, lodging houses, rooming houses and apartment houses. (B) A tax of 5% of the gross rental receipts is hereby imposed upon all persons engaged in the city in the business of renting, leasing or renting rooms in a hotel as defined herein. (C) This tax shall not apply to the gross rental receipts from renting, leasing or letting to permanent residents of a hotel. 78 {00009332 2} 9 (D) All persons engaged in the business of renting, leasing or letting rooms in a hotel of the city shall file a monthly return on forms provided by the Department of Finance of the city and shall pay the tax with each monthly return within ninety (90) days after the end of each month. (E) Persons subject to the tax imposed by this section may reimburse themselves for their tax liability for such tax by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with state tax imposed under the Illinois Hotel Operators Occupation Tax Act, being 35 ILCS 145. (F) The amounts collected by the city pursuant to this section shall be expended by the city solely to promote tourism and conventions within the city or otherwise to attract nonresident or overnight visitors to the city. [Reserved.] (G) No funds received pursuant to this section shall be used to advertise for or otherwise promote new competition in the hotel business. [Reserved.] (H) The Department of Finance of the city, all other officers and employees are authorized and empowered to take such additional steps as may be necessary to see to the enforcement of this section and the collection of the tax hereby imposed. C. Section 39.140, entitled “Demolition Tax Imposed,” is hereby amended in its entirety, so that Section 39.140 shall hereafter be and read as follows: § 39.140 DEMOLITION TAX IMPOSED. (A) A tax is hereby imposed upon the activity of demolition of dwellings within the city. Any person granted a permit for demolition (a “demolition permit”) as provided in the City Building Code for a principal structure as defined by the City Zoning Code shall pay a demolition tax for the demolition of any single-family dwelling or other building in which a dwelling unit (as defined in the city’s Zoning Code) is located (a “demolition building”). (B) The demolition tax shall be at a rate of not less than: (1) Ten thousand dollars ($10,000.00) per demolition permit for any single-family dwelling or two-family dwelling that is a demolition building; 79 {00009332 2} 10 (2) For any other demolition building, $5,000 times the number of dwelling units in such demolition building, but not less than $10,000; or (3) Such greater amount as may be established from time to time in the city’s annual fee ordinance. (C) The tax imposed pursuant to this subchapter shall be in addition to any demolition permit fee authorized in connection with the city’s Building Code or any other applicable fees and charges. Payment of the demolition tax shall be due prior to issuance of a demolition permit by the city. (D) The funds received by the city for the amount imposed pursuant to this subchapter shall be deposited as follows: (1) Fifty percent in the city’s General Fund and/or Road Capital Improvement Fund; and (2) Fifty percent in a special fund to be established for affordable housing. C. Subsections (A), (B), and (E) of Section 39.156, entitled “Collection of Tax; Declaration,” are hereby amended in their entirety, so that Subsections (A), (B), and (E) of Section 39.156 shall hereafter be and read as follows: (A) Except as otherwise provided in connection with § 39.159, the taxes herein levied and imposed in this § 39.156, shall be collected for and on behalf of the City by the City Clerk or the Clerk's designee through the sale of a revenue stamp, which shall be prepared by said City Clerk in such quantities as the Clerk may prescribe. Such revenue stamp shall be available for sale at the City Clerk's office during regular business hours of the City Clerk and/or at other locations or times designated by the City Clerk. (B) At the time the tax imposed by § 39.155 is paid or an application is made for exemption therefrom, there shall also be presented to the City Clerk or the Clerk's designee, on a form prescribed by the Clerk, a declaration signed by at least one of the sellers and also signed by at least one of the buyers involved in the transaction or by their attorneys or agents for the sellers or buyers. The declaration shall state information including, but not limited to: (a) the value of the real property located in the City subject to a Real Estate Transfer; (b) the parcel identifying number of the property; 80 {00009332 2} 11 (c) the legal description of the property; (dc) the date of the deed, the date the transfer was effected, or the date of the trust document; (ed) the type of deed, transfer, or trust document; (fe) the address of the property; (gf) the type of improvement, if any, on the property; (hg) information as to whether the transfer is between related individuals or corporate affiliates or is a compulsory transaction; (i) the lot size or acreage; (j) the value of personal property sold with the real estate; (k) the year the contract was initiated if an installment sale; (l) the name, address, and telephone number of the person preparing the declaration; (mh) a written statement by both the grantor or grantor's agent and the grantee or grantee's agent that the information contained in the declaration is true and correct to the best of his or her knowledge and belief; and (ni) a complete and accurate copy of the declaration to be submitted pursuant to the Real Estate Transfer Tax Law, 35 ILCS 200/31, as such law may be amended from time-to- time. Except as provided in § 39.159, no Deed shall be accepted for recordation unless it bears on its face the transfer stamps of the City, and no transfer stamps shall be issued unless such Deed is accompanied by a declaration containing all the information requested in the declaration. When a declaration is signed by an attorney or agent on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustee being a mere repository of record legal title with a duty of conveying the real estate only when and if directed in writing by the beneficiary or beneficiaries having the power of direction, the attorneys or agents executing the declaration on behalf of the sellers or buyers need only identify the land trust that is the repository of 81 {00009332 2} 12 record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement. … (E) Notwithstanding any provision in this Article to the contrary, the City Clerk shall not issue any transfer stamps for any real property that: (1) Has any due but unpaid fees, charges, taxes, penalties, or other amounts due to the City unless and until such amounts (plus any applicable interest) shall have been paid in full; (2) Has any outstanding violations relating to the real property for which the City has issued notice unless and until every such violation is corrected; (3) Has any incomplete permit activity unless and until such activity is completed and inspected in accordance with applicable permits and codes; or (4) Has been the subject of a transfer that is exempt under Section 39-159 but has not paid the Minimum Tax (as defined in Section 39-159) and any fines, penalties, or interest relating thereto; or (5) Has not obtained a receipts of for the final water bill payment, payment of all amounts due pursuant to Section 51.077, and successfully completed completion of all required inspections related to the closing or transfer of a water account with the City. D. The preamble and Subsections (B) and (M) of Section 39.159, entitled “Deed Exempted From Tax,” are hereby amended in their entirety, so that preamble and Subsections (B) and (M) of Section 39.159 shall hereafter be and read as follows: The following Deeds shall be exempt from the administrative fee tax imposed pursuant to this Article (except for the first $50.00 of the tax imposed pursuant to § 39.155 [the “Minimum Tax”], which Minimum Tax shall defray the cost of processing any exemption: … 82 {00009332 2} 13 (B) Deeds representing real estate transfers contracted before May 1, 2006 but recorded on or after July 5, 2006, and trust documents executed before May 1, 2006 but recorded after July 5, 2006; provided, however, that in no event shall this exemption apply to any deeds recorded after December 31, 2006. For real estate transfers falling within this exemption, a declaration shall be filed in accordance with § 39.156 along with a true and accurate copy of such contract or trust document, and the Finance City Clerk may affix “exempt” stamps to such deed; … (M) Deeds issued to holder of a mortgage, or the wholly owned subsidiary of a holder of a mortgage, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure. The filing of a declaration in connection with such deeds is not required provided that the notification requirements of Section 39-96.1 are satisfied; and E. Section 39.160, entitled “Required Notifications,” is hereby eliminated in its entirety: § 39.160 [Reserved.]Required notifications. (A) A deed that is exempt from the tax imposed under this subchapter pursuant to § 39.159(M) shall not be required to file a declaration pursuant to § 39.156 provided that the grantee shall have filed with the Finance Clerk prior to the recording of the deed a written notification setting forth at least the following information: (1) The address of the property that is the subject of the deed; (2) The name of the grantor(s) and grantee(s) under such deed; (3) An explanation of the circumstances giving rise to such deed (e.g., foreclosure sale, deed in lieu of foreclosure and the like); (4) The name, address, phone number(s) and e-mail address of a person who may be contacted on behalf of the grantee in connection with the property that is the subject of the deed: (5) A statement regarding the intended use of the property that is the subject of the deed, including whether it will be immediately occupied or be left unoccupied; and (6) An acknowledgment that the grantee assumes responsibility for the condition of the property that is the subject of the deed including conditions pre-dating the date of the deed. 83 {00009332 2} 14 (B) The City Manager may cause appropriate forms to be prepared for the notifications required under this section, in which case the requirements of this section may only be satisfied by completing and filing such form. F. Section 39.164, entitled “Refunds,” is hereby amended in its entirety, so that Section 39.164 shall hereafter be and read as follows: § 39.164 REFUNDS. (A) A grantee, assignee or purchaser (hereinafter referred to as “taxpayer”) who has purchased a dwelling unit in the city (the “purchased dwelling unit”) and has paid or caused to be paid to the City Clerk or the Clerk’s designee the tax provided for in § 39.155 shall be entitled to a refund equal to the lesser of the amount of such tax or $2,000; provided such taxpayer satisfies the following requirements: Either: (1) Either taxpayer Taxpayer as seller-purchaser. The taxpayer must meet all of the following requirements: (a) The taxpayer has sold a dwelling unit in the city not more than one year prior to acquiring the purchased dwelling unit for which any tax imposed under § 39.155 of this subchapter was timely and fully paid (the “sold dwelling unit”); (b) The taxpayer had occupied the sold dwelling unit as taxpayer’s principal residence for at least three years prior to sale; (c) The taxpayer has either: 1. Purchased and occupied as taxpayer’s principal residence the purchased dwelling unit within one year after the closing on the sale of the sold dwelling unit and has not been the legal or beneficial owner of another dwelling unit occupied as taxpayer’s principal residence during such one year period; or 2. The taxpayer has entered into a valid and binding contract, dated not later than 60 days after the closing on the sale of the sold dwelling unit, to purchase a newly constructed or renovated purchased dwelling unit within the corporate limits of the city, but is unable to occupy such newly constructed or renovated purchased dwelling unit within the time period specified in division (A)(1)(a) above solely because a 84 {00009332 2} 15 certificate of occupancy has not been issued by the city for such newly constructed or renovated purchased dwelling unit. The refund due under this division (A)(1)(c)2 shall be paid to the taxpayer only upon actual occupancy of the newly constructed or renovated purchased dwelling unit by the taxpayer as his or her principal residence; and (cd) The tax due on the purchased dwelling unit was timely and fully paid in accordance with this subchapter. Or: (2) Or taxpayer Taxpayer as purchaser-seller. The taxpayer must meet all of the following requirements: (a) The taxpayer had purchased a purchased dwelling unit for which any tax imposed under § 39.155 was timely and fully paid not more than one year prior to selling the sold dwelling unit; (b) The taxpayer had occupied the sold dwelling unit as taxpayer’s principal residence for at least three years prior to the purchase of the purchased dwelling unit; (c) The taxpayer has occupied as taxpayer’s principal residence the purchased dwelling unit within one year before the closing on the sale of the sold dwelling unit and has not been the legal or beneficial owner of another dwelling unit occupied as taxpayer’s principal residence during such one-year period; and (d) The tax due on the sold dwelling unit was timely and fully paid in accordance with this subchapter. (B) No taxpayer shall be entitled to a refund under this section unless a completed application therefor shall have been filed with the Finance City Clerk within one year after the payment of the real estate transfer tax for the purchased dwelling unit for which a refund is sought. The taxpayer shall bear the burden of delivering evidence satisfactory to the City Clerk of taxpayer’s entitlement to such refund. (C) Notwithstanding the foregoing, for any Taxpayer that had paid or will pay the tax imposed under § 39.155 of this Article between 17 November 2007 and 17 November 2009, the time period for qualifying or applying for a refund of the transfer tax shall be extended to two (2) years. G. Section 39.233, entitled “Audit Procedures,” is hereby amended in its entirety, so that Section 39.233 shall hereafter be and read as follows: 85 {00009332 2} 16 § 39.233 AUDIT PROCEDURES. (A) Notice. The city shall notify a taxpayer in writing of a proposed city audit of that taxpayer’s books and records. (B) Content of notice. Such notice shall specify the tax and time period to be audited and shall detail the minimum documentation or books and records that the taxpayer must make available to the City-appointed auditor Auditor. (C) Audit timing. Audits shall be held only during reasonable times of the day and, unless impracticable, at times agreed to by the taxpayer. (D) Overpayments. A City-appointed auditor Auditor who determines that there has been an overpayment of tax during the course of the audit shall identify the overpayment to the taxpayer so that the taxpayer can take the necessary steps to recover the overpayment. If the overpayment is the result of the application of some or all of the taxpayer’s tax payment to an incorrect city entity, then the auditor Auditor shall notify the correct city entity of the taxpayer’s application error. H. Section 39.235, entitled “Appeals Process for Credits, Refunds and Protest,” is hereby amended in its entirety, so that Section 39.235 shall hereafter be and read as follows: § 39.235 APPEALS PROCESS FOR CREDITS, REFUNDS AND PROTEST. (A) Appeal; procedure. Any taxpayer who desires to seek a credit or a refund or desires to appeal a determination of tax due or an assessment pursuant to a city tax shall adhere to the following procedures: (1) File a request for credit or refund with the City Tax Administrator on a form provided by the city or, within 45 days after receipt of the city’s protestable notice, file a written protest on a form provided by the city; (2) Provide any supportive documents or other evidence that may display that the city’s assessment of the tax was unauthorized, and direct such protest or request to the City Tax Administrator; and (3) Make any books or records of its business or activity available for audit or inspection upon the written request of the city. (B) Hearing. Whenever a taxpayer or a tax collector has filed a request for credit or refund or a timely written protest, and has requested a 86 {00009332 2} 17 hearing, the City Tax Administrator shall conduct a hearing in the following manner. (1) The City Tax Administrator shall fix the time and place for a hearing and shall give written notice to the taxpayer. The hearing shall be scheduled for a date within 14 days after receipt of the request for the hearing, unless the taxpayer requests a later date convenient to all parties. (2) No continuances of the hearing shall be granted after it has been scheduled, except in cases when a continuance is absolutely necessary to protect the rights of the taxpayer. Any continuance granted shall not exceed 14 days. (3) The City Tax Administrator shall preside at the hearing and shall hear testimony and accept any evidence relevant to the tax determination, audit, or assessment. The strict rules of evidence applicable to judicial proceedings shall not apply. (C) City determination. The City Tax Administrator, by United States registered or certified mail, shall send to the taxpayer the Tax Administrator’s written determination regarding the taxpayer’s protest within 45 days after receiving the taxpayer’s written protest or credit or refund form if the taxpayer does not request a hearing, or within 30 days after the conclusion of a hearing. Such determination shall include: (1) A ruling as to whether the city tax as a whole or any portion of it was unauthorized; (2) A written determination as to why the city tax or any portion of it was authorized; and (3) If appropriate, a certified check equaling the unauthorized amount paid by the taxpayer and the applicable amount of interest. (D) No refund if voluntary payment. The city shall not be required to refund or credit any taxes voluntarily paid without written protest at the time of payment in the event that a city tax is declared invalidly enacted or unconstitutional by a court of competent jurisdiction. However, a taxpayer shall not be deemed to have paid a city tax voluntarily if the taxpayer lacked knowledge of the facts upon which to protest the city taxes at the time of payment or if the taxpayer paid such taxes under duress. (E) No credits or refunds if no remittance. The city shall not be required to grant a credit, refund of taxes, interest or penalties to a person who has not paid or remitted the amounts directly to the city. 87 {00009332 2} 18 (F) Four-year limitation. Unless otherwise specifically provided in this city code or other city ordinance authorizing a city tax, no claim for a credit or refund shall be made more than four years after the date of the erroneous payment. (G) Interest if overpayment. The city shall pay interest in the amount of 6% per year for a taxpayer’s overpayment of tax. The interest rate to be applied shall be based upon the Chicago-area Consumer Price Index- All Urban Consumers (CPI-U). SECTION FIVE: Amendments to Chapter 40. Chapter 40, entitled “Governmental Ethics,” of the City Code is hereby amended as follows: A. Section 40.02, entitled “Definitions,” is hereby amended in its entirety, so that Section 40.02 shall hereafter be and read as follows: § 40.02 DEFINITIONS. (A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMPENSATION. Any money, thing of value or other pecuniary benefit received or to be received in return for, or as reimbursement for, services rendered or to be rendered. CONTRIBUTION, CANDIDATE and AUTHORIZED POLITICAL COMMITTEE. As used herein shall be defined as provided in 10 ILCS 5/9-1.3 of the Illinois Election Code. FINANCIAL INTEREST. Any economic interest or relationship, whether by ownership, trust, purchase, sale, lease, contract, option, investment, employment, gift, fee or otherwise; whether present, promised, or reasonably expected; whether direct or indirect, including interests as a consultant, representative or other person receiving (or who may be receiving) remuneration, either directly or indirectly, as a result of a contract, transaction or activity; whether or not legally enforceable; whether in the person itself or in a parent or subsidiary corporation, or in another subsidiary of the same parent. An INDIRECT FINANCIAL INTEREST shall include, but is expressly not limited to, any economic interest, as set forth above, of a spouse, minor child or relative, as well as any economic interest held by an agent on behalf of an official or employee, his or her spouse or minor child, by a business entity managed or controlled by, or by a trust which an official or employee has a substantial interest. A business entity is controlled by an official or 88 {00009332 2} 19 employee when he or she, his or her spouse, minor child or relative, singly or in the aggregate, possess a majority ownership interest in the entity. An official or employee has a substantial interest in a trust when he or she, his or her spouse or his or her minor child, singly or in the aggregate, have a present or future interest worth more than $1,000. FINANCIAL INTEREST shall not include ownership through purchase at fair market value of less than 1% of the shares of a parent, subsidiary or other affiliated corporation whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934. FINANCIAL INTEREST shall also not include authorized compensation or salary paid to an official or employee for services rendered to the city, or any economic benefit provided equally to all residents of the city. OFFICIAL or EMPLOYEE. Any person elected or appointed to any office, board or commission of or employed by the city, whether paid or unpaid and whether part-time or full-time. In the case of an EMPLOYEE, anyone making $35,000 per year or more from public employment. PERSON. Any individual, entity, corporation, proprietorship, partnership, firm, association, trade union, trust, estate or group, as well as any parent or subsidiary of any of the foregoing entities, whether or not operated for profit. PROHIBITED ACTIVITY. The bestowing of special consideration upon any person merely because of that person’s relationship to an official or employee. (B) As used throughout this chapter, all masculine terms shall include their feminine counterparts and all singular terms shall include their plural counterparts. A. Section 40.10, entitled “Annual Disclosure Statements,” is hereby amended in its entirety, so that Section 40.10 shall hereafter be and read as follows: § 40.10 ANNUAL DISCLOSURE STATEMENTS. (A) For purpose of this chapter, each elected and appointed official of the city, as well as each appointee required by 5 ILCS 420/4A-101 to file a statement of economic interest and each employee who is required by 5 ILCS 420/4A-101 compensated for services as an employee at a rate of $35,000 per year or more shall be required to file a city statement of economic interest shall file such statement with the City as herein provided. These declarations and this filings or lack thereof shall be a specific item of review by the annual independent audit and Audit Committee. 89 {00009332 2} 20 (B) By May 1 of each year, such statement must be filed by each person whose position at that time requires him or her to file, unless he or she has already filed a statement in that calendar year. Such statement shall be a signed photocopy or signed duplicate of the statement of economic interest as required by 5 ILCS 420/4A-101 that is required to be filed with the County Clerk. Such statement shall be filed with the City Clerk. If a person required to file such statement fails to file by May 1 of any year, the City Clerk shall notify such person within seven days after May 1 or his or her failure to file and such person shall not be considered in violation of this chapter for failure to file such statement until the later of seven days after delivery of such notice from the City Clerk or May 15 of any year. Upon any request to review these statements, the City Clerk will follow the same procedures followed by the County Clerk and notify the person filing the statement. SECTION SIX: Amendments to Section 41.01. Section 41.01, entitled “Adoption by Reference,” of Chapter 41, entitled “Fee Schedule,” of the City Code is hereby amended in its entirety, so that Section 41.01 shall hereafter be and read as follows: § 41.01 ADOPTION BY REFERENCE. The city fee schedule, copies of which are on file in the office of the City Clerk, is adopted and incorporated as part of this code of ordinances as fully as if set out at length herein. Wherever in this Code a fee, rate, fine or penalty amount, or other charge is set forth, the applicable fee, rate, fine or penalty amount, or charge shall be the greater of the amount set forth in the Code or city fee schedule. SECTION SEVEN: 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 _____, 2016 AYES: NAYS: ABSENT: ABSTAIN: 90 {00009332 2} 21 Approved this _____ day of ____, 2016 Mayor ATTEST: Deputy City Clerk 91 The City of Lake Forest Data Center Implementation Project EXHIBITS A. ClientFirst, “Data Center Implementation Recommendation,” Report B. Proposal Pricing (as amended on 01/06/2016) The City’s Request for Proposals & Heartland’s Proposal can be provided upon request, if desired. Please contact Joseph Gabanski at (847)810-3591 or gabanskij@cityoflakeforest.com. 92 OPTIMAL TECHNOLOGY GUIDANCE CALIFORNIA • ILLINOIS • MINNESOTA • NORTH CAROLINA • 800.806.3080 • FAX 888.478.0495 1 | 2 January 6, 2016 Joe Gabanski Assistant Director, IT Division The City of Lake Forest 800 N. Field Dr. Lake Forest, IL 60045 Re: Data Center Implementation Recommendation Dear Joe: CLIENTFIRST Consulting Group, LLC (CLIENTFIRST) was retained by the City to facilitate a competitive selection process for the selection of a vendor for the City’s planned Data Center Implementation. The Data Center Implementation will include new servers, SAN (Storage Area Network), local backup, cloud based backup, and cloud disaster recovery. We worked closely with the City’s Data Center Selection Committee (Committee) in the development and issuance of an RFP. The Committee attended vendor demonstrations. Based on the demonstration rankings provided by the Committee and a detailed financial analysis, the Committee selected and is recommending a qualified vendor for the Data Center Implementation. As the facilitator of the team, CLIENTFIRST fully supports the recommendation of Heartland Business Systems of Lisle, IL, in the amount of $166,449 in the first year with an annual cost of $25,500 as the recommended Data Center Implementation vendor. In the summer of 2015, CLIENTFIRST, as the City’s IT consultant, was asked to facilitate a competitive selection process for a new Data Center Implementation. The work steps that we utilized to assist the team in reaching the recommendation were as follows: •CLIENTFIRST worked with the team to prepare a detailed list of requirements to evaluate potential vendors. •A Request for Proposal (RFP) was developed that outlined the requirements of the Data Center Implementation and provided potential vendors with proposal guidelines. Seven vendors submitted nine proposals. •We developed proposal-scoring criteria that met the City needs and, as one of two reviewers, scored the proposals. •Based on the proposal scoring, three vendors were invited onsite for demonstrations of their Data Center solutions. In conjunction with City staff, CLIENTFIRST developed the agenda for the vendor demonstrations and a scoring sheet for the Selection Committee. •CLIENTFIRST developed a scoring matrix summarizing the Selection Committee scoring sheets. Working with the Committee, one vendor was eliminated. •Based on Committee input, the two finalist vendors were contacted and asked to provide an updated best-and-final pricing. CLIENTFIRST developed a finalist matrix for the vendors and worked with the two remaining vendors to produce an “apples-to-apples” pricing comparison. •CLIENTFIRST facilitated a meeting with the Assistant Director of the IT Division to review the vendor presentation comparison. The final vendor was selected based on positive reviews from other customers utilizing a similar solution; the lowest price for the first year; and the lowest total cost of ownership over five years. Data Center Implementation Exhibit A 93 Data Center Implementation Recommendation City of Lake Forest, IL CLIENTFIRST TECHNOLOGY CONSULTING OPTIMAL TECHNOLOGY GUIDANCE 2 | 2 In evaluating the three vendor demonstrations, the criteria included: •Vendor Preparedness •Server Solution •SAN Solution •Backup Solution •Cloud Disaster Recovery Solution •Contractual Configurations •Installation and Support Services •Solution Clarity •Vendor Response to Questions •Ease of Working with the Vendor Each of the three semifinalist proposals was judged to adequately meet the needs of the City. The following table summarizes the nine RFP scores, the three semifinalist demonstration scores, the two finalists overall proposed cost, and total cost of ownership over five years, as shown in the table below: Proposer Semifinalists Initial RFP Scoring Demonstration Scoring Overall Proposed Cost Total Cost of Ownership 5 Years MNJ Option 2 55 Eliminated $612,645 $924,931 MNJ Option 1 60 Eliminated $581,279 $859,169 Sentinel 72.5 Eliminated $291,782 $851,500 Netrix 59 Eliminated $293,544 $679,900 Avalon Option 2 83.5 Eliminated $293,470 $504,550 Avalon Option 1 85.5 84 $268,702 $463,702 Hipskind 99 68 $202,663 $356,791 Heartland Business Systems 77.5 70.4 $166,449 $268,449 Windstream 14.5 Disqualified $37,800 $182,600 Based on our review of the RFP responses, pricing analysis and finalist vendor presentations, CLIENTFIRST concurs with the City’s Data Center Implementation Selection Committee’s recommendation of Heartland Business Systems as the lowest cost, qualified vendor to complete the new Data Center Implementation for the City. If you have any questions, feel free to contact me at 847.598.0345 or via email at tjakobsen@clientfirstcg.com for additional information. Thank you, again, for the continued opportunity of serving the City of Lake Forest. Sincerely, Tom Jakobsen Senior Partner IT Infrastructure and Support Practice Leader 94 Data Center Implementation as amended on 01/06/2016 Pricing Equipment Component Qty Unit Price Total Price VMware Licenses - Total Price $18,000.00 May 2016 VMware License Renewal for EA113367587 - Budgetary LIST Total Price (actual pricing not available until April 2016)$18,000.00 Cisco UCS Blade Servers and Chassis - Total Price $34,266.68 This section represent the chassis: UCS SP Select 5108 AC2 Chassis w/FI6324, UCS Central license 1 $8,850.00 $8,850.00 5 years SmartNet SNTP-24X7X4, UCS B 5108 SP AC2 Chassis 1 $1,037.00 $1,037.00 Power Cord, 250Vac 16A, twist lock NEMA L6-20 plug, US 4 .00 $0.00 UCS Central Per UCS Domain License (Physical)1 .00 $0.00 Single phase AC power module for UCS 5108 1 .00 $0.00 Accessory kit for UCS 5108 Blade Server Chassis 1 .00 $0.00 Blade slot blanking panel for UCS 5108/single slot 8 .00 $0.00 Fan module for UCS 5108 8 .00 $0.00 UCS Blade Server Chassis FW Package 3.0 1 .00 $0.00 UCS 5108 Packaging for chassis with half width blades.1 .00 $0.00 2500W Platinum AC Hot Plug Power Supply - DV 4 .00 $0.00 UCS 6324 In-Chassis FI with 4 UP, 1x40G Exp Port, 16 10Gb do 2 .00 $0.00 5 years SmartNet SNTP-24X7X4 UCS 6324 In-Chs FI w/4 UP 1x40G E- Port 2 $1,525.75 $3,051.50 UCS Manager 3.0 for 6324 2 .00 $0.00 These are the 3 blades that would reside in the above chassis: UCS SP Select B200M4 Standard1 w/2xE52630 v3,8x16GB,VIC1340 3 $4,981.50 $14,944.50 5 years SmartNet SNTP-24X7X4,UCS B200 M4 Smart Play SPL Server 3 $1,572.50 $4,717.50 CPU Heat Sink for UCS B200 M4/B420 M4 (Rear)3 .00 $0.00 Cisco ONE Energy Mgmt Perpetual Lic - 1 DC End Point 3 .00 $0.00 2.40 GHz E5-2630 v3/85W 8C/20MB Cache/DDR4 1866MHz 6 .00 $0.00 Cisco ONE UCS Director Foundation Compute Per Server (50 VM)3 .00 $0.00 CPU Heat Sink for UCS B200 M4/B420 M4 (Front)3 .00 $0.00 Nexus 1000V Essential Edition, Qty=2 3 .00 $0.00 Equipment – Total Install should include the cost of all hardware and software necessary to complete the installation. The selected vendor will be responsible for rack mounting and connecting cables for equipment with City staff available to assist. Page 1 of 2 Data Center Implementation Exhibit B 95 Data Center Implementation as amended on 01/06/2016 Pricing Equipment Cisco ONE Foundation Perpetual UCS 1-9 3 .00 $0.00 Cisco ONE Foundation UCS Central per Server 3 .00 $0.00 16GB DDR4-2133-MHz RDIMM/PC4-17000/dual rank/x4/1.2v 24 .00 $0.00 Cisco ONE UCS Performance Manager Express Edition 3 .00 $0.00 FlexStorage blanking panels w/o controller, w/o drive bays 6 .00 $0.00 Cisco UCS VIC 1340 modular LOM for blade servers 3 .00 $0.00 Cisco ONE Prime Service Catalog Foundation Per Server 3 .00 $0.00 32GB SD Card for UCS servers 6 $57.51 $345.06 These components are necessary for connectivity to your infrastructure: 1000BASE-T SFP 4 $219.26 $877.04 10GBASE-CU SFP+ Cable 3 Meter 8 $55.51 $444.08 SAN Hardware - Total Price $45,486.44 Nimble CS235 w/SLA 12 months 4 hour support 1 $33,914.44 $33,914.44 4 Year Extension (Total of 5 year of Support)1 $11,572.00 $11,572.00 Backup Solution - On-Premise & Cloud - Total Price $43,695.69 Arcserve UDP 7300 Integrated Backup Appliance - Product Only 1 $16,297.60 $16,297.60 Arcserve UDP 7300 Integrated Backup Appliance - Five Years Platinum Maintenance - New or Renewal 1 $19,898.00 $19,898.00 Arcserve UDP Cloud Model 7300V-C Integrated Backup Appliance (9TB Raw Cloud Storage, 1 year subscription, six weeks of Virtual Standby Cloud - Small and 3 weeks of Virtual Standby Cloud - Medium and 3 weeks of Virtual Standby Cloud - Large) 1 $7,500.09 $7,500.09 Alternate ADD - Per Week Virtual Standby Price purchased a la carte: Arcserve UDP Virtual Standby Cloud - 71xxC to 73xxC- One Week Large 1 $256.99 $256.99 Cloud-Based Disaster Recovery - Total Price $0.00 Included with Arcserve UDP Cloud Model 7300V-C Sub-total – Hardware / Software $141,448.81 Shipping $0.00 GRAND TOTAL of Equipment Configuration and Equipment Implementation for General Install & Training. See SoW $25,000.00 Taxes $0.00 Total Purchase Price $166,448.81 Legend: Alternates ADDs that are listed are not included in the total pricing. On going Support Costs are Renewable after 5 Years One time Cost ArcServe 1 Year Subscription - renewable annually Page 2 of 2 96 Exhibit A U:\Regulatory Program\Certification\2015\WDO Adoption Information\County Board Approved WDO Amendments.docx Page 1 of 2 County Board Approved WDO Amendments October 13, 2015 Administrative WDO Re-formatting Purpose: Under direction by the State’s Attorney’s Office, the WDO has been re-formatted. An improved referencing system is used and certain sections have been re-located and aligned making the entire document more user friendly, understandable, which can be quickly and logically referenced (for legal and general application). No substantive changes are included in the re-formatted WDO. A section cross-reference table is separately attached. Administrative WDO Amendment #1 Page 82 – Article V.B. B. APPEALS 1. Any permit applicant aggrieved by the denial or conditions of a Watershed Development Permit, Earth Change Approval, Conditional Approval, or Variance by a Certified Community’s Enforcement Officer may request review thereof by the Certified Community’s board of elected officials or the appropriate body within 30 days of the disputed act or actions. 2. Any permit applicant aggrieved by a permit decision, the denial or conditions of a Watershed Development Permit, Earth Change Approval, Conditional Approval, or Variance by the SMC Chief Engineer may request review thereof by the SMC Director within 30 days of the disputed act or actions. 3. Any permit applicant aggrieved by a permit decision, the denial or conditions of a Watershed Development Permit, Earth Change Approval, Conditional Approval, or Variance by the SMC Director may appeal it to the SMC by written notice filed with the SMC Director within 30 days of the disputed act or actions. Purpose: Clarify standard administrative process for SMC-reviewed permits and approvals. Administrative WDO Amendment #2 Page 87 – Article VII.F. (i) F. The SMC may enforce violations of this Ordinance in accordance with the Lake County Administrative Adjudication Ordinance. Purpose: Improve compliance efficiencies using the Administrative Adjudication process as an additional compliance tool. Staff have conferred with the Lake County State’s Attorney’s Office and determined that an Ordinance amendment is necessary in order for SMC to use the process. 97 Exhibit A U:\Regulatory Program\Certification\2015\WDO Adoption Information\County Board Approved WDO Amendments.docx Page 2 of 2 County Board Approved WDO Amendments October 13, 2015 WDO Amendment #3 Page 99 - Appendix A: Definitions Isolated Waters of Lake County: All waters such as lakes, ponds, streams (including intermittent streams), farmed wetlands, and wetlands that are not under U.S. Army Corps of Engineers jurisdiction. The limits of the Isolated Waters of Lake County extend to the ordinary high water mark or the delineated wetland boundary. a. The following are excluded from Isolated Waters of Lake County, as determined by the Enforcement Officer: (1) Excavations and impoundments that have received a permit from the appropriate jurisdictional authority. (2) Excavations and impoundments permitted by right, prior to being a regulated activity, within 40% or more non-hydric soils. Areas designated as ‘water’ as depicted on the Soil Survey of Lake County, SCS, 1970 are determined as either hydric or non-hydric soils by connecting adjoining soil boundaries to create complete polygons of the depicted soil type. (3) Wetlands created incidental to construction grading on development sites. that have received a Watershed Development Permit or meet the criteria of Article IV.A.2.a (4) Roadside ditches. b. The following shall not be considered as meeting the exclusion criteria in a. above: (1) All areas meeting the definition of high-quality aquatic resources. (2) Wetland mitigation areas created to meet the requirements of this Ordinance or Section 404 of the Clean Water Act. (3) Wetland areas created or restored using public funds. Purpose: Per legal review, clarify determination is made by EO. For a.(3) record retention policies vary among units of government and documents are not always kept, available, or easily obtained. EO has discretion to make a determination that the wetland was “created” due to construction grading on a development site. FEMA/NFIP Map Updates WDO Amendment #4 Pages 108-116 – Appendix C: FEMA Flood Insurance Study Maps and Profiles (SEE WDO APPENDIX C) Purpose: Modify FEMA map effective dates and panel numbers. 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 AN ORDINANCE ABATING A PORTION OF THE TAX BEING LEVIED IN 2015 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE GENERAL OBLIGATION BONDS, SERIES 2008 BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 7th day of April, 2008 authorize the issuance of General Obligation Bonds, Series 2008 in the amount of $9,750,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the General Obligation Bonds, Series 2008 Bond Fund from property taxes; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the General Obligation Bonds, Series 2008 due in fiscal year commencing May 1, 2016, therefore a portion of the levy of the tax provided in the original bond ordinance passed April 7, 2008, a copy of which was filed in the Office of the County Clerk, is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2015 Tax Levy of $635,000.00 hitherto provided for and levied in the ordinance providing for the issuance of $9,750,000 General Obligation Bonds, Series 2008 of The City of Lake Forest, Lake County, Illinois passed April 7, 2008. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2016. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2016. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2008 144 {00010809} 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2016-_____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE, AS AMENDED, RELATING TO ALCOHOLIC BEVERAGES WHEREAS, pursuant to its home rule authority and 235 ILCS 5, the City regulates the sale and service of alcoholic liquor in the City; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the City and its residents to amend the City’s regulations affecting alcoholic liquor in the manner set forth below; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Amendment to Section 111.020 of the City Code. Subsection (B)(6) of Section 111.020, entitled "Liquor Control Commissioner," of Chapter 111, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that said Subsection shall hereafter be and read as follows: (B) Powers, functions and duties of Commissioner. The Commissioner shall have the following powers, functions and duties: (6) (a) To require two sets of fingerprints of any applicant for a local liquor license or for a renewal thereof, one for the city files and one to deliver to the Illinois Department of State Police and, for purposes of obtaining such fingerprints and resulting background check, to require the applicant to pay such fee as may be required by the Illinois Department of State Police. If the applicant is a partnership, each partner shall submit fingerprints annually. If the applicant is a corporation, each officer thereof and every person owning or controlling more than 5% of the voting shares or the ownership interest of such corporation shall submit fingerprints annually. If the applicant is a limited liability company, each member and manager shall submit fingerprints annually. If the business for which a local liquor license is sought will be 145 {00010809} 2 managed by a manager or agent, every such manager or agent shall submit fingerprints annually. (b) The Local Liquor Control Commissioner shall have the right, at the Commissioner’s sole discretion, to waive this requirement for: 1. Any individual that has already submitted fingerprints to the city for a background check and is not involved in the daily management or operation of the premises; and 2. For any individual associated with a not-for-profit organization seeking a Class F-1, F-5 or F-6 license under this chapter. SECTION THREE: Amendment to Section 111.043 of the City Code. Subsection (I) of Section 111.043, entitled "Application for Local Liquor License," of Chapter 111, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended in its entirety, so that said Subsection shall hereafter be and read as follows: (I) Application fee. Any application shall be accompanied by a non- refundable administrative processing fee as set out in the fee schedule for new licenses, or a fee as set out in the fee schedule for renewal licenses. and aApplications for change in owners or officers shall be subject to a fee of $100.00 or such greater amount as set out in the fee schedule. SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2016. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2016. _____________________________ Mayor ATTEST: 146 {00010809} 3 _______________________________ City Clerk 147 Legend !i Parking kj Emergency/Private Gate Æb Train Station !i Parking kj Gate kj Emergency/Private Gate kj Interpretive Exhibit Regional Transportation Routes Type Automobile Bike Path Train Forest Preserve Boundary Restricted Parcels City of Lake Forest Cemetery Openlands Bridge X_Bridge_remove Asphalt Wood Chip Turf Crushed Stone Pond Channel Grassland Foredune Turfgrass µ 148 149 150 151 152 153 154 155 156 THE LAWRENCE R. TEMPLE DISTINGUISHED PUBLIC SERVICE AWARD To honor a living volunteer to local government in The City of Lake Forest for distinguished public service. WHEREAS, individuals selected for the Lawrence (Larry) R. Temple Distinguished Public Service 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 community’s values; and WHEREAS, for the first time in the Award’s history, two outstanding individuals, Pauline S. Mohr and Roger J. Mohr, who happened to be married to one another, have been nominated for the Lawrence R. Temple Distinguished Public Service Award; and WHEREAS, the Award Committee was struck by each person’s depth and breadth of civic service to The City of Lake Forest; and WHEREAS, Pauline S. Mohr has remained a constant, caring and involved citizen of the community; as a volunteer teacher at the former Gorton School, St. Mary’s, Deer Path and in North Chicago; serving on the St. Mary’s School Board, as a member of the Panel of American Women, speaking to various organizations about religious and ethnic prejudices in our society, serving as member and past president of the American Association of University Women, as a board member of the League of Women Voters; and WHEREAS, Pauline served on the Market Square Restoration Committee in 2000, the Public Policy Committee during the re-purposing and redevelopment of Fort Sheridan; was a charter member, board member and secretary of the Lake Forest- Lake Bluff Historical Society, and has been a long-term board member of the Lake Forest Preservation Foundation, serving two terms as president and continues as an honorary director, and WHEREAS, Roger J. Mohr served as Third Ward Alderman from 2000-2006, lending an unwavering dedication to thorough study of each and every issue, offering wise counsel to saving Elawa Farm, instigating a Home Rule referendum and policy for The City of Lake Forest, leading various projects to make infrastructure improvements to the City’s storm water sewer system; serving on the Planning and Preservation Committee, where he participated in developing a long-term use of the Barat College campus, formulating long-term planning for the Knollwood Club property, Lake Forest Hospital expansion opportunities with the Fitness Center, Dearhaven, the Hunter Women’s Center and Presbyterian Homes; and WHEREAS, prior to serving as Alderman, Roger served on the Plan Commission from 1994-2000 and as its Chairman from 1999-2000, recommending approval of the Middlefork Farm subdivision, studying the Rte. 60 Corridor for future development, and continuing to monitor retailers and services located in the central business district; and WHEREAS, after retiring as an Alderman, served on the Senior Resources Committee, remaining a passionate and involved citizen of the community; and WHEREAS, in all roles, Roger is a strong supporter of open lands, historic and natural resources, preservation; and WHEREAS, each project under Roger’s watch often became enhanced with poetry, slogans or jingles due to his acute sense of creativity from his successful career in advertising, and as a grammarian, Roger possessed a keen eye that never missed any corrections to be made in meeting minutes; and WHEREAS, the Award Committee believes that Pauline and Roger Mohr, like Larry Temple, have distinguished themselves with civic contributions that benefit the citizens of Lake Forest. NOW, THEREFORE, Pauline S. and Roger J. Mohr are awarded the Lawrence R. Temple Distinguished Public Service Award this Nineteenth Day of January, 2016. ________________________________________ James Cowhey, Chairman Lawrence R. Temple Distinguished Public Service Award Committee 157