CITY COUNCIL 2019/06/03 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, June 3, 2019 at 6:30 pm
City Hall Council Chambers
220 E. Deerpath, Lake Forest
Honorable Mayor, George Pandaleon
Prudence R. Beidler, Alderman First Ward James Preschlack, Alderman Third Ward
James E. Morris, Alderman First Ward Ara Goshgarian, Alderman Third Ward
Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30pm
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Approval of a Resolution of Appreciation for Retiring Account Clerk III,
Laronda Haines
A copy of the Resolution can be found beginning on page 11.
COUNCIL ACTION: Approval of a Resolution of Appreciation for Retiring Account Clerk III,
Laronda Haines
B. 2019-2020 Board and Commission Appointments and Reappointments
CEMETERY
NAME OF MEMBER APPOINT/REAPPOINT WARD
John L. Anderson Appoint 2
A copy of the Volunteer Profile sheet(s) can be found beginning on page 12.
COUNCIL ACTION: Approve the Mayor’s Appointments and Reappointments
C. Lake Forest Day Proclamation
A copy of the Proclamation can be found on page 14.
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Monday, June 3, 2019 City Council Agenda
D. Statement of Appreciation Regarding IDOT Pronouncement Opposing A
Third Rail in the City of Lake Forest and Glenview
2.COMMENTS BY CITY MANAGER
A. Community Spotlight
- History Center of Lake Forest and Lake Bluff
-Carol Summerfield, Executive Director
3.COMMITTEE REPORTS
4.OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS .
5.ITEMS FOR OMNIBUS VOTE CONSIDERATION
1.Approval of the May 20, 2019 First Session of the City Council Meeting Minutes
A copy of the minutes can be found beginning on page 15.
COUNCIL ACTION: Approval of the May 20, 2019 First Session of the City Council Meeting
Minutes.
2.Approval of the May 20, 2019 Second Session of the City Council Meeting Minutes
A copy of the minutes can be found beginning on page 19.
COUNCIL ACTION: Approval of the May 20, 2019 Second Session of the City Council Meeting
Minutes.
3.Approval of the Check Register for the Period of May 4-24, 2019
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the
City. The Director of Finance is to prepare a monthly summary of all warrants 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 person to whom the warrant is payable. The warrant list detail
of invoice payments shall be presented for review to the Chairperson of the City Council
Finance Committee for review and recommendation. All items on the warrant list detail
recommended for payment by the Finance Committee Chairperson shall be presented in
summary form to the City Council for approval or ratification. Any member of the City
Council shall, upon request to the City Manager or Director of Finance, receive a copy of the
warrant list detail as recommended by the Finance Committee Chairperson. The City
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Monday, June 3, 2019 City Council Agenda
Council may approve the warrant list as so recommended by the Finance Committee
Chairperson by a concurrence of the majority of the City Council as recorded through a roll
call vote.
The Council action requested is to ratify the payments as summarized below. The associated
payroll and invoice payments have been released during the check register period noted.
Following is the summary of warrants as recommended by the Finance Committee
Chairperson:
The total for All Other Funds includes expenses in the Emergency Telephone Fund and Police
Restricted Funds (radios), as well as the Water and Sewer Capital Fund (water plant
improvements). A change has been made for FY20 to include in this line medical and dental
claim payments associated with the City’s Self Insurance Fund.
COUNCIL ACTION: Approval of the Check Register for May 4-24, 2019.
4.Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Historic Preservation Commission is presented to the City
Council for consideration as part of the Omnibus Agenda.
1050 Meadow Lane – The Historic Preservation Commission recommended approval of the design
aspects of a one bay addition to the existing garage. The garage is located at the rear of the
residence, away from the streetscape. The Commission also recommended approval of the
associated building scale variance. No testimony was presented to the Commission on this petition.
(Approved 7-0)
Fund Invoice Payroll Total
101 General 500,369 678,775 1,179,144
501 Water & Sewer 94,236 84,511 178,747
220 Parks & Recreation 224,947 206,625 431,573
311 Capital Improvements 1,024,440 0 1,024,440
202 Motor Fuel Tax 0 0 0
230 Cemetery 141,478 17,399 158,877
210 Senior Resources 10,265 12,351 22,616
510 Deerpath Golf Course 10,085 1,222 11,307
601 Fleet 71,791 23,835 95,626
416 - 433 Debt Funds 1,000 0 1,000
248 Housing Trust 0 0 0
201 Park & Public Land 0 0 0
All other Funds 986,591 77,576 1,064,168
$3,065,202 $1,102,296 $4,167,497
Check Register for May 4 - 24, 2019
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Monday, June 3, 2019 City Council Agenda
The ordinance approving the petition, with key exhibits attached, is included in the Council’s
packet beginning on page 25. The Ordinance, with complete exhibits, is available for review in the
Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading
and grant final approval of the Ordinance approving the petition in accordance with the
Historic Preservation Commission’s recommendation.
COUNCIL ACTION: Approval of the four (4) Omnibus items as presented
6.ORDINANCES
1.Consideration of a Recommendation from the Plan Commission in Support of a
Special Use Permit for Scouts, a Family Friendly Restaurant, in the Existing Building at
Westwood Center, 950 N. Western Avenue. (If desired by the Council, Waive First
Reading and Grant Final Approval of the Ordinance.)
PRESENTED BY: Catherine Czerniak,
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: The following recommendation from the Plan Commission
is presented to the City Council for consideration and final action.
BACKGROUND/DISCUSSION: This is a request for a Special Use Permit to allow a new
restaurant to locate in an existing commercial development, on the southwest corner of
Western Avenue and Woodland Road. The City Code classifies restaurants located within
150’ of residential zoning districts as special uses; restaurants located further away from
residential properties are permitted outright. Special uses proposed in the City’s business
districts require consideration by the Plan Commission through the public hearing process,
and must be evaluated based on the applicable criteria in the Code. In addition, restaurants
must also comply with the performance standards specifically for restaurants detailed in the
Code. The review process assures that the proposed use is considered in the contexts of both
the nearby residential neighborhood and the business district, and provides the opportunity
for public input. Often, special uses are approved subject to conditions and limitations as is
the case with this petition.
The Westwood Center development, previously referred to as Westwood Square, was
recently acquired by a new owner, a local family. Significant improvements on the site, both
inside the building and out, are underway with more work planned in the coming months. A
mix of old and new tenants; including offices, restaurants and service businesses, will occupy
the updated building returning activity to this previously underutilized and deteriorating
property and providing an amenity for residents who live within walking distance of the
business district as well as to the larger community and visitors.
Recently, the Council, based on a recommendation from the Plan Commission, granted a
Special Use Permit authorizing Kuro, a new sushi restaurant, to locate at Westwood Center in
a space previously occupied by other restaurants. A second full service restaurant, Scouts, is
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Monday, June 3, 2019 City Council Agenda
now proposed in the portion of the building furthest from the adjacent residential
neighborhood, fronting on Western Avenue, occupying the tenant spaces currently
occupied by service businesses. Only a portion of the space that will be occupied by Scouts
is within 150 feet of the adjacent residential neighborhood. Scouts will be owned and
operated by a local resident, an experienced restauranteur. Details of the proposed
restaurant and a floor plan are included in the Council’s packet. This restaurant, in addition
to the new sushi restaurant and Little Tails in the Waukegan Road business district, respond
directly to requests heard frequently from residents for more dining options in the community.
During the public hearing, the Commission received a presentation from the petitioner and
heard testimony from adjacent residents expressing concern about potential impacts on the
closet neighbors. After deliberation, the Commission concluded that the proposed
restaurant, operated in compliance with 12 conditions of approval, meets the applicable
performance standards and Special Use Permit criteria. The conditions as recommended by
the Commission are detailed in the ordinance which is included in the Council packet
beginning on page 35. In summary, the conditions address enhancements to the overall
site, hours of operation, parking, noise, outdoor dining, ventilation, deliveries and use of the
alley.
The Commission voted 6 to 0 to recommend approval of the Special Use Permit for Scouts.
The Commission’s report and minutes from the meeting at which this petition was considered
are also included in the Council’s packet to provide the Council with complete background
information in support of the recommendation and insight into the Commission’s
deliberations.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading
and grant final approval of the Ordinance approving a Special Use Permit for Scouts, a new
family friendly restaurant at Westwood Center, 950 N. Western Avenue in accordance with the
Plan Commission’s recommendation
7.NEW BUSINESS
1.Approval of a Construction Administration Agreement for Telecommunications
Facilities with MCImetro Access Transmission Services Corporation
PRESENTED BY: Mike Strong, Assistant to the City Manager (810-3680)
PURPOSE AND ACTION REQUESTED: City Staff requests approving a Construction Administration
Agreement for Telecommunications Facilities (“Agreement”) with MCImetro Access
Transmission Services Corporation, d/b/a Verizon Access Transmission Services (“MCImetro”),
to install and operate underground fiber optic telecommunications cables within the City’s
rights-of-way.
BACKGROUND/DISCUSSION: MCImetro, on behalf of Verizon Access Transmission Services,
has requested the use of the City’s public right-of-way for the purpose of placing
underground fiber optics to support its telecommunications services. As an authorized
telecommunications company within the State of Illinois, MCImetro has the right to install its
infrastructure within dedicated rights-of-way. A Construction Administration Agreement
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Monday, June 3, 2019 City Council Agenda
between the City of Lake Forest and the telecommunications company memorializes the
respective rights and responsibilities of both parties.
This past winter, MCImetro expressed a desire to engage in a wide scale, multi-year
construction project in Lake Forest for the purposes of installing and extending its
telecommunications facilities within the City’s rights-of-way. The Agreement, a copy of
which is included on page 59, grants a non-exclusive revocable license to MCImetro to
locate, construct and install their fiber optic network. MCImetro will still need to apply for all
required permits prior to construction, and all work with the City’s rights-of-way must comply
with the City’s Code of Ordinances regulating construction of utility facilities in the public
rights-of-way, detailed in Chapter 98 of the City Code. In accordance with these
regulations, MCImetro is required to restore all disturbed areas of rights-of-way within ten (10)
days of completing construction.
This request and Agreement allows the City to work cooperatively with MCImetro to
streamline the permit application process for their anticipated construction work, in
exchange for engaging in annual construction planning and coordination of projects. The
Agreement is a three-year term, with an automatic three-year renewal unless either party
desires to terminate with 60-day notice prior to expiration.
BUDGET/FISCAL IMPACT: None.
COUNCIL ACTION: Approval of a Construction Administration Agreement (in substantially the
form attached) for Telecommunications Facilities with MCImetro Access Transmission Services
Corporation and Authorize and direct the City Manager, in consultation with the City Attorney,
to finalize the terms of the Agreement.
2.Approval of the 2019 Parks & Recreation Department 10-Year Strategic Master Plan
Document
PRESENTED BY: Joe Mobile, Superintendent of Recreation, (847-810-3941)
PURPOSE AND ACTION REQUESTED: The Parks & Recreation Board requests approval of the
2019 10-Year Strategic Master Plan Document as a working document for the future planning
and development for the Parks and Recreation Department.
BACKGROUND/DISCUSSION: The Chart our Future 10-year Strategic Master Plan project was a
joint effort between the Parks and Recreation Department and the Friends of Lake Forest
Parks and Recreation Foundation. The final document was approved by the Friends of Lake
Forest Parks and Recreation Foundation on February 14, 2019 and the Parks and Recreation
Board on February 19, 2019. The Master Plan will be sent under separate cover and can be
found at this link, https://hitchcockdesigngroup-
my.sharepoint.com/:f:/p/bsafferman/Eomt7O_oIgZBlkZGgNIwRa0BZiWl9eRK1_t8QBQN7
xpnOg?e=aReOu4.
This plan provides the Parks and Recreation Department a document for planning growth into
the future based on resident input as well as provides the Friends Foundation with potential
fundraising opportunities to enhance parks and recreation opportunities throughout the
community moving forward over the next ten years.
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Monday, June 3, 2019 City Council Agenda
The Chart our Future 10-year Strategic Master Plan has been a year in the making and is the
roadmap for the City of Lake Forest Parks and Recreation key stakeholders to align and drive
continual growth and improvement of open space, facilities, recreation systems, and
services. A coordinated team from the Lake Forest Parks and Recreation Department (LFPRD)
and the Friends of Lake Forest Parks and Recreation Foundation drove and funded this
planning project. The team listened carefully and are thrilled by how the community helped
shape this vision, including its purpose-driven Action Plan to guide development. The Parks
and Recreation Department adopted its previous plan in 1995 and issued an update in 2008.
This plan was instrumental in developing the successful parks and recreation system enjoyed
by Lake Forest residents today.
The goal of this new 2019-2029 10-Year Strategic Master Plan is to expand on the previous
plan’s success and outline how our community and key stakeholders, led by LFPRD, will
continue to provide quality parks, facilities, and services to current and future Lake Forest
residents. The planning process identified infrastructure requirements, recreation trends,
community needs, and resident expectations through an extensive data-gathering and
community outreach process. This process included public workshops, focus groups, and
surveys with over 740 Lake Forest residents participating. The focus groups also included key
individuals in the community with 13 participants representing 9 organizations including
program/athletic associations and other public or not-for profit agencies.
The Parks and Recreation Board, as well as Staff, believe Chart our Future accurately
responds to the City of Lake Forest Parks and Recreation Department’s current context, and
future position in the community. As Chart our Future is implemented over the next ten years,
it will continue to support the City’s mission to “be the best-managed, fiscally responsible, and
appealing community which promotes a community spirit of trust, respect, and citizen
involvement”. Residents are encouraged to provide ongoing feedback, which will be
incorporated as the plan advances.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Parks and Recreation Board 2/19/19 Approval of Master Plan
Parks and Recreation Board
and Friends of Lake Forest Parks
& Recreation Foundation
12/4/18 Joint workshop for final input to Master
Plan
BUDGET/FISCAL IMPACT: N/A at this time. As items in the Master Plan are determined for
implementation Staff will bring those items forward to City Council for the appropriate
approvals at a time that is appropriate.
COUNCIL ACTION: Approval of the 2019 Parks & Recreation Department 10-Year Strategic
Master Plan Document
8.ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS
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Monday, June 3, 2019 City Council Agenda
A. Reconsideration and Rescission of Approval of a First Amendment to the
Restated Agreement Relating to the Gorton Property
PRESENTED BY: Julie Tappendorf, City Attorney
PURPOSE AND ACTION REQUESTED: Staff requests that the City Council reconsider and rescind
its previous approval of the First Amendment to the Restated Agreement Relating to the Gorton
Property.
BACKGROUND/DISCUSSION: “At the May 20, 2019 City Council meeting, the City Council
approved a First Amendment to the Restated Agreement Relating to the Gorton Property to
modify various provisions of that agreement, including submittal of financial reports, the
number of GCC Board members, and various other provisions. Subsequent to the approval of
the First Amendment, staff learned of several issues and non-substantive changes that were
not encompassed, and is recommending that the best course of action is to ask that the City
Council reconsider and rescind its previous action on the First Amendment.”
In order to address other questions and comments about the First Amendment that were raised
at the May 20 City Council meeting, staff is not presenting the First Amendment for reapproval
by the City Council at this time. Instead, staff will work on incorporating these additional
comments and will present a revised Amendment to the City Council for action at a future
meeting. The revised Amendment will also need to be presented to the Gorton Board of
Directors for approval.
BUDGET/FISCAL IMPACT: N/A
Beginning on page 71 of your packet, you will find a copy of the approved First Amendment
to the Restated Agreement Relating to the Gorton Property that is being presented for
reconsideration and rescission.
COUNCIL ACTION: Reconsideration and Rescission of Approval of a First Amendment to the
Restated Agreement Relating to the Gorton Property
9.ADJOURNMENT
A copy of the Decision Making Parameters can be found beginning on page 10 of this
packet.
Office of the City Manager May 29, 2019
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 Jason Wicha, at (847) 234-2600 promptly to allow the City
to make reasonable accommodations for those persons.
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Monday, June 3, 2019 City Council Agenda
9
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THE CITY OF LAKE FOREST
DECISION-MAKING PARAMETERS FOR CITY COUNCIL,
AND APPOINTED BOARDS & COMMISSIONS
Adopted June 18, 2018
The City of Lake Forest Mission Statement:
"Be the best-managed, fiscally-responsible and appealing community and promote a community
spirit of trust, respect and citizen involvement. "
The Lake Forest City Council, with the advice and recommendations of its appointed advisory
Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy
formulation and approval. Implementation of adopted strategy, policy, budgets, and other
directives of Council is the responsibility of City Staff, led by the City Manager and Senior
Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should
address matters in a timely, deliberate, objective and process-driven manner, making decisions
guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes,
policies and procedures, and the following parameters:
. Motions and votes should comprise what is in the best long-term interests of all Lake
Forest citizens, measured in decades, being mindful of proven precedents and new
precedents that may be created.
. All points of view should be listened to and considered in making decisions with the
long-term benefit to Lake Forest's general public welfare being the highest priority.
. Fundmg decisions should support effectiveness and economy in providing services
and programs, while mindful of the number ofcidzens benefittmg from such
expenditures.
. New initiatives should be quantified, qualified, and evaluated for their long-tenn merit
and overall fiscal unpact and other consequences to the community.
. Decision makers should be proactive and timely in addressing sto-ategic planning
initiatives, external forces not under control of the City, and other opportunities and
challenges to the community.
Community trust in, and support of, government is fostered by maintaining the integrity of these
decision-making parameters.
The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an
annual basis and shall be included on all agendas of the City Council and Boards and Commissions.
10
^°!,^X1-y NAty_RA£ET ^
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RESOLUTION
WHEREAS, LARONDA E. HAINES has been a dedicated employee of The City of Lake
Forest since July 31, 2006; and
WHEREAS, LARONDA HAINES will honorably retire from the City on May 23,2019; and
WHEREAS, LARONDA HAINES served as an Account Clerk III in the Finance/IT
Department during her dedicated career; and
WHEREAS, LARONDA HAINES service higUights include the following:
. processing of over two hundred ninty thousand (290,000) utility bills,
. assisting customers with a variety of questions regarding their utility bills,
. assisting with analysis and implementation of the City's tiered water rate structure,
. supporting the implementation and maintenance of the City's water meter monitoring
program,
. supporting the implementation and maintenance of online water bill payments, improving
customer service to residents,
. implementation of a new sanitation fee and new public safety pension fee for inclusion on
the quarterly utility bill to minimize administrative costs,
. providing significant support with the recent implementation of a new utility billing
software, working with several 3rd party applications to ensure a seamless transition, and
. compiling and distributing City Council Finance Committee and Audit Committee
meeting packets, as well as preparing the electronic and hard copies of the annual budget
book for distribution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST that the Council, on behalf of the administration and residents of the community,
hereby expresses its appreciation and gratitude to LARONDA E. HAINES for a public service
faithfully performed; and
BE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyed
to LARONDA, with a copy to be included in the official minutes of the June, 3rd 2019 meeting of the
Lake Forest City Council.
Mayor 11
4/14/2019 Volunteer List | Lake Forest Caucus | John L. Anderson
https://www.lakeforestcaucus.com/profile/list/user/4139/1/2
First Name:
Last Name:
E-mail:
Title:
Organization:
Address:
Address Line 2:
City:
State:
Zip:
Mobile Phone:
Home Phone:
Notes:
Ward:
Precinct:
US Citizen:
Registered Voter:
Lake Forest Resident since(YYYY):
Business Name:
Type of Business:
Business Phone:
Position:
Date of Birth (Optional):
Education:
Spouse's Name:
Children's Birth Years:
Contact Info
John L.
Anderson
janderson@meridiancp.com
1212 Turicum Road
Lake Forest
IL
60045
847-682-1782
847-615-0217
appointed 11/11, initial apt 5/12, reappt 5/14,
5/16 term limit 2018
Resident Data/Stats
Ward 2
24
Meridian Compensation Partners LLC
Consulting - executive compensation
and corporate governance
847-235-361
Partner and senior consultant
BA 1976 - Northwestern University (College
of Arts & Sciences), Evanston, IL - major: Urban
Economics
MBA 1977 - Northwestern University (Kellogg Graduate
School of Management), Evanston, IL - major:
Accounting and Finance
Also: Certi ed Public Accountant (1978)
Megan (Paynter) Anderson
Kristen (30) and Erik (27)
Mayor:
Alderman:
#67 School Board:
#115 School Board:
Caucus Committee:
Audit Committee:
Board of Fire & Police Commissioners:
Building Review Board (BRB):
Cemetery Commission:
Committee Representing Our Young Adults (CROYA):
Construction Codes Commission:
Elawa Farm Commission:
Fireman's Pension Fund - Board of Trustees:
Gorton Community Center Board of Directors:
Historic Preservation Commission:
Legal Committee:
Library Board:
Park & Recreation Board:
Planning Commission Labels:
Police Pension Fund - Board of Trustees:
Senior Resources Commission:
Zoning Board of Appeals (ZBA):
Other Positions:
Interest in Community Positions
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
I am currently applying / Consider me for this position in the future
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
No Interest at this time
I am currently applying / Consider me for this position in the future
No Interest at this time
No Interest at this time
No Interest at this time
My professional expertise for over 30 years is in executive compensation, HR and
leadership development (work directly with boards of directors of large U.S. and Canadian public
companies). Have very strong nancial, business, tax, accounting and board governance background and
skills. Also have a very strong interest in community development and local economic sustainability
(undergrad degree and continuing interest in Urban Economics).
Other Considerations
Please list any regular commitments or travel that would interfere with your attendance at scheduled
meetings:
I have some business travel but it's generally manageable around a regular, pre-set meeting schedule.
Please list any current or previous community service activites, interests, directorships, etc. -- public or
private. For each activity please indicate years served and positions held:
Current:
1) Board of Trustees and member of the Executive Committee, Ravinia Festival Association, Highland
Park, IL (2004 - current)
2) Board of Trustees and Board Chairman, McCormick Theological Seminary (Presbyterian), Chicago
(Hyde Park), IL (15+ years)
3) Board of Trustees and former founding Board chair, Lake County Community Foundation, Waukegan,
IL (2003 - current)
Former:
Board of Trustees and former Board Chair, Boys & Girls Club of Lake County, Waukegan (2003 - 2011)
Also, elder and deacon at First Presbyterian Church, Lake Forest (former chair of Personnel Committee)
Please list other activities, specialized skills, knowledge, or professional experience that would contribute
to your e ectiveness in the position(s) for which you are applying or expressing possible future interest:
My professional expertise for over 30 years is in executive compensation, HR and leadership
development (work directly with boards of directors of large U.S. and Canadian public companies).
Have very strong nancial, business, tax, accounting and board governance background and skills.
Also have a very strong interest in community development and local economic sustainability
(undergrad degree and continuing interest in Urban Economics).12
4/14/2019 Volunteer List | Lake Forest Caucus | John L. Anderson
https://www.lakeforestcaucus.com/profile/list/user/4139/2/2
References (Optional):
Please state brie y why you are volunteering to serve The City of Lake Forest:
Long-time Lake Forest resident and very committed to our community's future strength/viability and
our unique amenities - both as a strong residential community and local business community. Not only
am I a long-term resident here, but my business is now also located in Lake Forest (Conway Park).
Please list any interests or activities that could lead to, or BE PERCEIVED as, a con ict of interest if you
become a candidate or appointee.:
n/a
13
PROCLAMATION
WHEREAS, the McKinlock Post 264 of the American Legion has undertaken to provide
appropriate exercises and entertainment in celebration of LAKE FOREST DAY on WEDNESDAY,
AUGUST 7, 2019 with a view to bringing together the people of our City in the furtherance of civic interest
and advancement of community fellowship; and
WHEREAS, the McKinlock Post 264 of the American Legion honors Lake Forest residents,
employees, neighbors and friends by adopting the theme “Lake Forest American Legion Supporting Veterans and
Community for 100 years”
THEREFORE, be it hereby proclaimed that said LAKE FOREST DAY celebration is declared to
be a City Fair and in pursuance thereof, and Tuesday, August 6, 2019, and Wednesday, August 7, 2019, shall
be observed as a holiday in The City of Lake Forest and our people are urged to forsake their ordinary
pursuits and gather in West Park in a spirit of comradeship and good will in support of the ideals of our
City.
George A. Pandaleon, Mayor
14
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, May 20, 2019
FIRST SESSION
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Honorable Mayor Lansing called the meeting to order at 6:30pm, and the
City Clerk, Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Lansing, Alderman Beidler, Alderman Morris, Alderman Newman, Alderman
Rummel, Alderman Reisenberg, Alderman Preschlack, Alderman Moreno and Alderman Buschmann.
Absent: None
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
A. Resolution of Appreciation for John Tadel, owner of Smith’s Mens’ Store
Mayor Lansing read and presented the Resolution to Mr. Tadel.
COUNCIL ACTION: Approval of the Resolution
Alderman Reisenberg made a motion to approve the resolution, seconded by Alderman Newman. Motion
carried unanimously by voice vote.
B. Approval of a First Amendment to the Restated Agreement Relating to the Gorton
Property
Alderman Morris gave an overview of the amendment. The City Council had lengthy discussion. Mayor
Lansing asked if there was anyone from the audience who wanted to comment on this item. Seeing none,
he asked for a motion.
COUNCIL ACTION: Approval of the First Amendment to the Restated Agreement Relating to the Gorton
Property
Alderman Preschlack made a motion to approve the First Amendment to the Restated Agreement Relating
to the Gorton Property, seconded by Alderman Moreno. The following voted “Aye”: Aldermen Beidler,
Morris, Newman, Rummel, Reisenberg, Preschlack, Moreno and Buschmann. The following voted “Nay”:
None. 8- Ayes, 0 Nays, motion carried.
COMMENTS BY CITY MANAGER
15
Proceedings of the Monday, May 20, 2019
FIRST SESSION Regular City Council Meeting
COMMITTEE REPORTS
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Dan Rogers, a resident of Lake Bluff offered his thoughts to the Council on the shared Fire Service IGA with
Lake Bluff, Knollwood and Libertyville.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the April 15, 2019 City Council Meeting Minutes
2. Approval of the Check Register for the Period of March 23 to May 3, 2019
3. Approval of the FY20 Personnel Policies, Administrative Directives
4. Consideration of a Resolution Authorizing the City Manager to Execute a Conservation
Easement Assignment Relating to Lot 4 of the McCormick Nature Preserve Subdivision.
(Approve by motion.)
5. Authorization for the City Manager to enter into a Professional Services Agreement with
MIST Environment for Sustainability Consultant Services for a Period of Three Years.
6. Award of Bid in the Amount of $32,520 to Henricksen for the Replacement of Sixty-Five (65)
City Hall Chairs
7. Approval of an amended contract for FY20 GIS Services to MGP, Inc. in the not-to-exceed
amount of $203,422.
8. Approval to Execute a Grant Agreement by and between the Illinois Department of Natural
Resources and the City of Lake Forest, through the Open Space Land Acquisition and
Development (OSLAD) Program, to Complete an Improvement Project at South Park.
9. Authorization for the City Manager to enter into a Professional Services Agreement with
Hitchcock Design Group for Professional Landscape Architectural Services Associated with
the South Park OSLAD Grant Improvement Project, for an amount not to exceed $70,000
10. Approval of Tennis Court Usage Policy
11. Approval of 2019 10-Year Strategic Master Plan Document Item removed
12. Consideration of Ordinances Approving Recommendations from the Building Review Board.
(First Reading and if Desired by the City Council, Final Approval)
13. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of
Appeals. (First Reading, and if Desired by the City Council, Final Approval)
14. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation
Commission. (First Reading and if Desired by the City Council, Final Approval)
15. Authorization for the City Manager to enter into a three-year Professional Services
Agreement with Lake County Press, Inc. in an amount not to exceed $26,760.00 per fiscal
16
Proceedings of the Monday, May 20, 2019
FIRST SESSION Regular City Council Meeting
year for professional services related to the printing and mailing of the City Dialogue
Community-Wide Newsletter.
16. City Council Approval to Waive Competitive Bidding Requirements and Authorize the
Purchase up to $57,000 in Seed and Plant Material for the North Beach Ravine via Multiple
Vendors
COUNCIL ACTION: Approval of the sixteen (16) Omnibus items as presented
Mayor Lansing asked members of the Council if they would like to remove any item or take it separately.
The City Council had discussion on items #11. On a motion from Alderman Reisenberg and a second from
Alderman Newman, #11 was removed and rescheduled for a future City Council date. The City Council was
given a brief overview of item # 16. Mayor Lansing again asked members of the Council if they would like to
remove any item or take it separately. Seeing none, Mayor Lansing asked for a motion to approve the
fifteen (15) Omnibus items as presented.
Alderman Preschlack made a motion to approve the fifteen (15) Omnibus items as presented, seconded by
Alderman Moreno. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Reisenberg,
Preschlack, Moreno and Buschmann. The following voted “Nay”: None. 8- Ayes, 0 Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS
1. Presentation of Fabulous Gifts and Prizes
- Jason Wicha, City Manager
Jason Wicha, City Manager, presented Alderman Reisenberg and Mayor Lansing with certificates for a tree
to be planted in their honor and personalized City street signs.
2. Final words for departing Council Members from remaining Council Members
Each Alderman expressed sincere gratitude for the service of retiring Alderman Reisenberg and Mayor
Lansing.
3. Final comments from Alderman Reisenberg and Mayor Lansing
Alderman Reisenberg and Mayor Lansing made closing remarks to the Council, Residents and Staff.
ADJOURNMENT
There being no further business Mayor Lansing asked for a motion. Alderman Reisenberg made a motion to
adjourn, seconded by Alderman Beidler. Motion carried unanimously by voice vote at 7:45 pm.
Respectfully Submitted
Margaret Boyer, City Clerk
17
Proceedings of the Monday, May 20, 2019
FIRST SESSION Regular City Council Meeting
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s
office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want
To, then click on View, then choose Archived Meetings Videos.
18
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, May 20, 2019
SECOND SESSION
City Council Meeting - City Council Chambers
CALL FOR ORGANIZATION OF THE 2019-2020 LAKE FOREST CITY COUNCIL
At 8pm. City Clerk Margaret Boyer called for the Organization of the 2019-2020 City Council
CITY CLERK MARGARET BOYER ADMINISTERS THE OATH OF OFFICE TO:
Mayor Elect—George A. Pandaleon
First Ward Alderman-Elect - - James E. Morris
Second Ward Alderman-Elect - - Melanie K. Rummel
Third Ward Alderman-Elect - - Ara C. Goshgarian
Fourth Ward Alderman-Elect - - Raymond P. Buschmann
CALL TO ORDER AND ROLL CALL: Honorable Mayor Pandaleon called the second session meeting to order at
8:02 pm, and City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Pandaleon, Alderman Beidler, Alderman Morris, Alderman Newman, Alderman
Rummel, Alderman Preschlack, Alderman Goshgarian, Alderman Moreno and Alderman Buschmann.
Absent: None.
Honorable Mayor, George Pandaleon
Prudence R. Beidler, Alderman First Ward James Preschlack, Alderman Third Ward
James E. Morris, Alderman First Ward Ara Goshgarian, Alderman Third Ward
Timothy Newman, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward
ELECTION AND APPOINTMENT OF CITY OFFICERS
Mayor Pandaleon made the following appointments:
1. ELECTION BY THE CITY COUNCIL AND APPOINTMENTS BY THE MAYOR AS REQUIRED BY
CHARTER AND CITY CODE
City Treasurer Elizabeth Holleb
City Supervisor Jason Wicha
City Marshal & Collector Karl Walldorf
City Attorney Julie Tappendorf
City Clerk Margaret Boyer
City Surveyor and Engineer Gewalt Hamilton Associates
COUNCIL ACTION: Approve the Mayor’s Appointments
19
Proceedings of the Monday, May 20, 2019
SECOND SESSION of Regular City Council Meeting
Alderman Preschlack made a motion to approve the Mayor’s appointment, seconded by Alderman Morris.
Motion carried unanimously by voice vote.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
A. Resolution of Appreciation for Ward 3 Alderman Jack Reisenberg
Mayor Pandaleon read the Resolution, presented it to the Alderman and photos were taken.
COUNCIL ACTION: Approve the Resolution
Alderman Rummel made a motion to approve the Resolution, seconded by Alderman Moreno. Motion
carried unanimously by voice vote.
B. Resolution of Appreciation for Mayor Robert T.E. Lansing
Mayor Pandaleon read the Resolution, presented it to the Mayor, and photos were taken.
COUNCIL ACTION: Approve the Resolution
Alderman Buschmann made a motion to approve Resolution, seconded by Alderman Newman. Motion
carried unanimously by voice vote.
C. 2019-2020 Board and Commission Appointments and Reappointments
Mayor Pandaleon made the following appointments and reappointments:
BUILDING REVIEW BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
John Looby III Appoint 4
Joanne Bluhm Appoint 4
James Sykora Reappoint 2
Chris Bires Reappoint 2
James Diamond Reappoint as Chair 3
CEMETERY
NAME OF MEMBER APPOINT/REAPPOINT WARD
Eileen Looby Weber Appoint 4
David Hooke Reappoint 3
Dennis O’Brien Reappoint as Chair 2
HISTORIC PRESERVATION COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
20
Proceedings of the Monday, May 20, 2019
SECOND SESSION of Regular City Council Meeting
Steve Lamontagne Appoint 2
Carol Gayle Reappoint 1
Janet Gibson Reappoint 3
LEGAL
NAME OF MEMBER APPOINT/REAPPOINT WARD
David Michael Appoint 2
Joy Guscott-Mueller Appoint 3
PARKS & RECREATION BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Jared Rhoads Appoint 4
Shannon Maguire Reappoint 3
Melanie Walsh Reappoint 1
Paul Best Reappoint as Chair 2
Will Elliot Students on Boards N/A
LIBRARY
NAME OF MEMBER APPOINT/REAPPOINT WARD
Germaine Arnson Reappoint 2
Elizabeth Grob Reappoint 2
Beth Parsons Reappoint 1
PLAN COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
John Dixon Appoint 1
Michael Freeman Reappoint 2
Stephen Douglass Reappoint 1
Rosemary Kehr Reappoint 2
ZONING BOARD OF APPEALS
NAME OF MEMBER APPOINT/REAPPOINT WARD
Laurie Rose Appoint 4
Lisa Nehering Reappoint 3
21
Proceedings of the Monday, May 20, 2019
SECOND SESSION of Regular City Council Meeting
James Moorhead Reappoint 1
CROYA
NAME OF MEMBER APPOINT/REAPPOINT WARD
Carolyn Bielski Reappoint LB
Jennifer Riley Reappoint 3
Jennifer Durberg Reappoint 2
Jennifer Karris Reappoint as Chair 1
SENIOR RESOURCES COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Ed Richardson Appoint LB
BOARD OF POLICE AND FIRE COMMISSIONERS
NAME OF MEMBER APPOINT/REAPPOINT WARD
Greg Nikitas Reappoint 2
Steve Kernahan Reappoint N/A
BOARD OF TRUSTEES POLICE PENSION FUND
NAME OF MEMBER APPOINT/REAPPOINT WARD
M. Jay Trees Reappoint N/A
HOUSING TRUST FUND BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Charles King Reappoint 1
Don Schoenheider Reappoint as Chair 3
COUNCIL ACTION: Approve the Mayors Appointments and Reappointments
Alderman Moreno made a motion to approve the Mayor’s Appointments and Reappointments, seconded by
Alderman Beidler. Motion carried unanimously by voice vote.
D. Approval of a Resolution of Appreciation for Retiring Members of Boards and
Commissions as follows:
BOARD, COMMISSION OR COMMITTEE NAME OF MEMBERS(S)
22
Proceedings of the Monday, May 20, 2019
SECOND SESSION of Regular City Council Meeting
BUILDING REVIEW BOARD Robert Reda, Ted Notz and Ross Friedman
CEMETERY COMMISSION Patrick Looby
HISTORIC PRESERVATION COMMISSION Robert Alfe
LEGAL COMMITTEE Ken Weinberger and Jason Maxwell
PARKS & RECREATION BOARD Charles Kohlmeyer
PLAN COMMISSION Guy Berg
ZONING BOARD OF APPEALS Richard Plonsker
BOARD OF TRUSTEES POLICE PENSION FUND Colleen Chandler
SENIOR RESOURCES COMMISSION Steve Potsic
COUNCIL ACTION: Approve the Resolution
Alderman Newman made a motion to approve the Mayor’s Appointments and Reappointments, seconded
by Alderman Preschlack. Motion carried unanimously by voice vote.
E. Announcement of City Council Committee Appointments
Mayor Pandaleon gave a brief overview of Committee Appointments.
F. Swear in Firefighter Paramedic Zach Amrein
Mayor Pandaleon swore in Firefighter Paramedic Zach Amrein.
COMMENTS BY CITY MANAGER
City Manager Wicha reported that an update on the Hughes Gateway would take place on a monthly basis
at the City Council meeting until completed.
A. Update on Hughes Gateway/North Beach Access Road
- Sally Swarthout, Director of Parks & Recreation and
- Michael Thomas, Director of Public Works
Director of Public Works, Michael Thomas gave a progress report to the City Council.
COMMITTEE REPORTS
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the Regularly Scheduled Meetings of the Lake Forest City Council
for the year 2020
2. Authorization for the City Manager to enter into a Professional Services Agreement with
Craig Bergmann Landscape Design, Inc. and Mariani Landscape for Professional Landscape
Architectural Services for a period of three years
3. Authorization to Dispose of City Property
23
Proceedings of the Monday, May 20, 2019
SECOND SESSION of Regular City Council Meeting
COUNCIL ACTION: Approval of the three (3) Omnibus items as presented
Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately.
Seeing none, Mayor Pandaleon asked for a motion to approve the three (3) Omnibus items as presented.
Alderman Moreno made a motion to approve the three (3) Omnibus items as presented, seconded by
Alderman Preschlack. The following voted “Aye”: Aldermen Beidler, Morris, Newman, Rummel, Preschlack,
Goshgarian, Moreno and Buschmann. The following voted “Nay”: None. 8- Ayes, 0 Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS
Mayor Pandaleon and Alderman Goshgarian expressed their appreciation for being able to serve The City of
Lake Forest.
ADJOURNMENT
There being no further business Mayor Lansing asked for a motion. Alderman Reisenberg made a motion to
adjourn, seconded by Alderman Beidler. Motion carried unanimously by voice vote at 8:37 pm.
Respectfully Submitted
Margaret Boyer, 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.
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36
THE CITY OF LAKE FOREST
ORDINANCE NO. 2019-
AN ORDINANCE GRANTING A SPECIAL USE PERMIT AUTHORIZING SCOUTS. A FULL
SERVICE RESTAURANT TO OPERATE AT 950 N. WESTERN AVENUE, PARITALLY WITHIN 150
FEET OF A RESIDENTIAL ZONING DISTRICT
WHEREAS, Wesfwood Square LLC, Todd Altounian 25%, Nicole Alfounian 25%,
Jennifer Bianchi 25%, James Al+ounian II 25% (collectively, the "Owners") are the
owners of that certain real property commonly known as 950 N. Western Avenue
Lake Forest, Illinois and legally described in Exhibit A, attached hereto (the 'Property"):
and
WHEREAS, and Jason Akemann, is the owner and operator of the proposed
restaurant (the "Tenant"}: and
WHEREAS, the Owner has filed a petition (the "Petition") requesting approval of
a Special Use Permit ("SUP") to authorize a new restaurant, Scouts, and its location and
operation partia!!-/ within 150 feet of a residential zoning district, with the Plan
Commission for its evaluation and recommendation; and
WHEREAS, the Petition was filed in accordance with the regulations of Section
159.045, Special Uses, of the Lake Forest Zoning Code; and
WHEREAS, the Plan Commission did conduct a properly noticed public hearing
on the Petition on March 13, 2019 and, after having fully heard and having considered
the evidence and testimony by all those who wished to testify and after deliberating,
voted 6 to 0, to recommend approval of the request subject to the terms and
conditions of approval hereinafter set forth and made findings as detailed on Exhibit B.
attached hereto and made a part hereof; and
Page 1 37
WHEREAS, the City Council (i) concurs with the findings of the Plan Commission,
(iij finds that the uses and Improvements as authorized herein will satisfy the
requirements of Sections 159.045 and 159.111 (C) of the Zoning Code, and (iii) subject
to the terms and conditions herein set forth, finds and determines that it is in the best
interests of the City and its residents +o approve the Petition and grant the SUP as set
forth in the Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY MAYOR AND THE CITY COUNCIL OF THE CITY
OF LAKE FOREST, ILLINOIS, as follows:
SECTION ONE. Recitals: The foregoing recitals are incorporated into this
Ordinance as if fully set forth.
SECTION TWO. A roval of Amendment to SUP: Pursuant to Sections 159.045
and 159.111(C) of the Zoning Code and subject to the limitations set forth in the City
Code and the conditions set forth in Section Three of this Ordinance, the City Council
hereby approves the Petition and grants the SUP outhorizing the establishment and
operation of Scouts, a full service, family friendly restaurant, on the Property generally
in conformance with the plans as depicted on Group Exhibit C attached hereto and
made a part hereof.
SECTION THREE: Conditions on A roval. The approval granted pursuant to
Section Two of this Ordinance shall be, and is hereby, conditioned upon and limited
by the following conditions, the violation of any of which shall, in the discretion of the
Mayor and City Council, render void the approvals granted by this Ordinance:
A. No Authorization of Work. This Ordinance does not authorize commencement
of any work on the Property. Except as otherwise specifically provided in writing
in advance by the City, no work of any kind shall be commenced on the
Property pursuant to the approvals granted in this Ordinance except only after
Page 2 38
B.
D.
all permits, approvals, and other authorizations for such work have been properly
applied for, paid for, and granted in accordance with applicable low.
Corn liancewith Laws. Chapters 150, regarding building and construction, 156,
regarding subdivisions, and 159, regarding zoning, of the City Code, and all other
applicable ordinances and regulations of the City shall continue to apply to the
proPerty- and the development and use of the Property shall be in compliance
with all laws and regulations of all other federal, state, and local governments
and agencies having jurisdiction.
Corn Iiance with the Plans. The Improvements must be developed on the
Property in substantial compliance with the Plans, os recommended by the
Building Review Board and previously approved by the City Council.
Fees and Costs. The Owners shall be responsible for paying all applicable fees
relating to the granting of the approvals set forth herein in accordance with the
Ci+y Code. In addition, the Owners shall reimburse the City for all of its costs
(including without limitation engineering, planning, and legal expenses) incurred
in connection with the review, consideration, approval, impiemenTafion, or
successful enforcement of this Ordinance. Any amount not paid within 30 days
after delivery of a demand in writing for such payment shall, along with interest
and the costs of collection, become a lien upon the Property, and~the Ci+y shQll
have the right to foreclose such lien in the name of the City os in the case of
foreclosure of liens against real estate.
E. Conditions Pertainin to the Overall Westwood S uare Develo ment.
1. Perimeter fencing, retaining walls and landscaping at the north and west
boundaries of the site shali be regularly inspected and maintained by
the property owner. The fence must remain sturdy and in a full upright
position, with all fence panels in place and in good condition. The'
retaining wall must remain in a solid and sturdy condition; any loose
materials must be replaced. Landscaping along Woodland Road and
Western Avenue must be maintained in good condition and replaced as
necessary, subject to the determination of the City's Certified Arborist, to
provide substantial screening along the fence.
2. Vegetation along the public sidewalk on Woodland Road must be kept
trimmed and may not obstruct or endanger pedestrian or bicycle traffic
on the sidewalk.
3" .use of the Qlley on ^he south and west sides of the building shall be
limited as follows:
a. The alley shall be used only for deliveries, trash pick-up and by
emergency and security vehicles.
b. No parking, standing or staging of vehicles, other than for the
purposes noted above, is permitted.
Page 3 39
d.
e.
No portion of the alley shall be used as Q drive thru or staging area for
pick up by individuals, delivery services or by restaurant deliver/
personnel.
No gathering, loitering or smoking in the alley is permitted.
A sign shall remain posted stating that deliveries and trash pickup is
permitted only between the hours of 7 a.m. and 6 p.m., on weekdays.
4.The property owner is responsible for establishing parking policies that
give priority to customer parking, rather than employee parking, on the
site. The property owner is responsible for monitoring parking activities
and working with the tenants on an ongoing basis to assure compliance
with the policies. The policies shall address the following:
a. Employees shall park off site in the Central Business District employee
parking lot on McKinley Road during peak customer times.
No employee parking shall be permitted on Western Avenue.
No parking by employees or customers shall be permitted on
residential streets.
b
c
5. Existing exterior lighting shali be reviewed and modified as necessary to
prevent views of the source of the light from off of the site and to
minimize light impacts on the neighboring homes.
a. Modifications to existing lighting may include, but are not limited to,
replacing fixtures, adding light restricting drop down panels or
reducing the intensity of lighting if so directed by the City.
b. Only essential security lighting, with the light source shielded from
direct view, is permitted to remain on after operating hours.
c. Ci+y approval and permits are required prior to the addition or
modification of exterior lighting on the site.
F. Conditions S ecific to Scouts Restaurant.
6. Signage, if not consistent with the previously approved signage, shall be
subject to review and approval by the Building Review Board.
7. Documentation of maintenance and inspection of the ventilation system
must be submitted to the City on a regular basis after installation and
after the opening of the restaurant.
8. Valet services during certain times may be required at the direction of
the City based on on ongoing evaluation of activity levels at the site. If
valet services are offered, staging shall occur on Western Avenue, away
from the neighboring residences.
9 All ac+ivj+y jn the outdoor courtyard sha!! end no !ater than 11 p.m.
including clean-up of the area consistent with the permitted hours for the
Kuro patio.
Page 4 40
10. Any amplified sound in the courtyard shall be at a level so that the sound
in not audible at any location off of the site, at any time.
_DurirI9.peQk.hours't[?^ restalJfan+ owners are responsible for assuring
regular monitoring of the parking lots and neighboring residential streets
tov,erif^ fhat pc"'kin9 is occurring consistent wTth the es+ablished'policies
and to take corrective action if necessary.
12'Lh.e,^:ope.!'tyowners and restaurant owners are responsible for informing
and directing employees and customers to appropri'Qte parking areas."Al
^Ge,ss?rY'.the owners shcljl inform ci+y staff of recurring parking or
circulation issues on the site and corrective action shall be taken.
SECTION FOUR: Amendment to Ordinance. Any amendments to the terms.
conditions, or provisions of this Ordinance that may be requested after the effective
date of this Ordinance may be granted only pursuant to the procedures, and subject
to the standards and fimi+a+ions, provided in Section 159.045 of the Zoning Code, or by
an amendment to the SUP itself in the manner provided in the Zoning Code and by
applicable law.
SECTION FIVE: Effective Date. This Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form in the manner
provided by law; provided, however, that this Ordinance shall, in the discretion of the
City Council, be of no force or effect if Owners have- not (i) executed and (ii) thereafter
filed with the City Clerk, within 60 days following the passage of this Ordinance, the
unconditional agreement and consent, in the form af+ached hereto as Exhibit D and
by this reference made a part hereof, to accept and abide by each and all of the
terms, conditions, and limitations set forth herein. The City Clerk is hereby directed to
record this Ordinance and such agreement and consent with the Recorder of Deeds
of Lake County.
PASSED THIS DAY OF ..,2019
Page 5 i 41
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED THIS DAY OF 2019.
MAYOR
AHEST:
City Clerk
Page 6 42
EXHIBIT B
Findings of Fact
Restaurant Performance Standards
Performance Standard - Availability of parking
Westwood Center differs from many other developments and commercial buildings
located in the Central Business District because there are a significant number of
parking spaces on site In addition to the surface parking lot on the northern portion
of the site, which has 24 spaces, there is parking underneath the building for about 60
cars.
The spaces in the surface lot and in the underground garage are shared by all of the
tenants in the building. The majority of businesses in the development are dayfime
businesses so in the evenings, most of the spaces on the site will be available for
customers of the new restaurants. Public parking for customers is also available on
both sides of Western Avenue. Currently in the evenings, the Western Avenue
parking spaces in this immediate area and to the south are unused wi+h the
exception of the spaces closer to the entrance to Jewel. Employee permit parking,
and parking for valet service offered by Scouts restaurant, is avoilabie on the east^
side of the railroad tracks, no permits are required for parking in these lots in the'late
afternoons and evenings.
importantly, given the convenient location, if is expected that some customers, from
the surrounding residential areas, will walk to the restaurant.
The owners of Wes+wood Center will be responsible for advising all tenants that the
on site parking, both the surface parking and underground parking, is intended for
customers first and foremost, not employees. During peak customer hours, the
building management must require employees of all of the businesses in Westwood
Center to park in the Central Business District employee permit parking lot on the east
side of the railroad tracks. Wes+wood Center has a distinct advantage over many
other businesses in the Central Business District because employees will have only a
short walk along Woodland Road under the lighted viaduct, to the off site employee
parking lot on McKinley Rood, east of the railroad tracks.
No employee or customer parking is permitted on streets in the adjacent residential
neighborhoods. Community Development staff will work with the property and
business owners and the City's Police Department to assure that parking for
westwood Center does not occur on residential streets. With the available parking
on the site, on Western Avenue and in the parking lot on the east side of the railroad
tracks, parking in adjacent residential neighborhoods has not been an issue in the
past. If parking by employees or customers of the restaurants, offices or other
businesses in Westwood Center does occur on residen+ia! streets, the City wii take
action promptly to stop that activity. This staff report includes a recommendation
prohibiting employee and customer parking on residential streets.
Performance Standard Building Review Board Approvat
Page 8 43
As noted above, exterior renovations to the overall building ore proposed and will
require review and approval by the Building Review Board. Signage, landscaping
and any additional exterior lighting will also require review by the Building Review^
Board.
Performance Standard Issuance of a Liquor License
The City Council has jurisdiction over issuing liquor licenses and determining whether
businesses should or should not be permitted to serve or sell alcohol. Applfcation for
a liquor license is made to City Hall and the request for liquor licenses, in this case, will
be considered by the City Council at a later date.
Liquor licenses granted by the Ci+y Council establish hours during which liquor can be
sold. Most liquor licenses allow the sale of alcohol between the'hours of 11 a.m. and
midnight. In the case of outdoor patios, conditions of a Special Use Permit could limit
hours of use and the liquor license would be aligned to those hours.
Performance Standard - Ventilation Systems
The City Code requires the installation of high quality air filtration systems and
ventilation systems for all restaurants. A new ventilation system will be installed to
serve the new Scou+s restaurant. Plans for the system will need to be submitted to the
Ci+y for review and approval prior to the issuance of a building permit to allow
buildout of the res+aurant to proceed. The system will be inspected and must past
City inspections prior to the issuance of a Certificate of Occupancy to allow the
restaurant to open.
The Code requires the submit+al of confirmation of regular maintenance and
cleaning of the ventilation systems in restaurants to the City on an ongoing basis.
Performance Standard - Amplified Sound
Scouts proposes amplified sound seasonally, in the courtyard area, at a level that
does not permit the sound to be audible off of the site, at any location.
Performance Standard - Schedules for deliveries and trash pickup
Hours for deliveries to restaurants and trash pickup for the overall Westwood Center
development are limited to 7 a.m. to 6 p.m. The owner of the new restaurant will be
required to adhere to those hours. The restaurant operator indicated that most
deliveries to Scouts will occur between the hours of 8 a.m. and 4 p.m. Deliveries will
be made on the south side of the building or through the front door, off of Western
Avenue, away from the neighboring homes.
Although the Performance Standards in the Code do not specifically address
deliveries from the restaurant to customers, with the variety of delivery services
available today, delivery service will likely be used by some customers at times. The
conditions as recommended by the Commission prohibit delivery drivers from staging
in the alley to the west of the restaurant. The alley is immediately adjacent to the'
rear yards and private spaces of adjacent homes. In the past activity in the alley by
Page 9 44
delivery drivers and employees of past businesses located in Westwood Center has
resulted in complaints from neighboring residents.
The trash from the restaurant will be housed in the dumps+er alcove on the south side
of the building. Per City Code, trash must be kept in a closed container. Trash will be
collected on a daily basis. There will be no outdoor grease container. The grease will
be stored in the basement at the southeast corner of the building, using a new
technology, and will be pumped from that location and taken off site.
Performance Standard Minimizing impacts on single family homes: light, noise,
traffic
The proposed restaurant will be located in an existing commercial building. Deliver/
trucks and other users of the alley shall only enfer the alley from Woodland Road and
exit on to Western Avenue to minimize the impact of headlights and noise on the
neighborhood. The building owner shall provide appropriate signage and is
responsible for enforcement. As noted above, conditions are proposed at the end of
this report prohibiting the use of the alley as a staging area for deliveries or Q break
area for employees from any of the businesses at Westwood Center. Various
conditions of approval as recommended at the end of this report are proposed in an
effort to minimize impacts on the adjacent residential neighborhood.
Provided below is an evaluation of the Criteria for Special Use Permits in the City
Code.
Special Use Permit Criteria #1: The establishment, maintenance or operation of the
special use will not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
The proposed restaurant is consistent with other uses in the Central Business District
and is not unlike other uses that are located in proximity to the residential
neighborhoods that border the full length of the City's business. In general, the
business and residential uses have been able to co-exist for many years. Issues do
come up at various locations from time to time and efforts are made to resolve them
by working with all parties to assure that both the residential neighborhoods and the
business district thrive.
The continued operation of Wes+wood Center as an upgraded and fully occupied
commercial development, with increased attention to operations and maintenance,
will not be detrimental to or endanger public health, safety, morals, comfort or
general welfare.
Special Use Permit Criteria
5 ec;a/ Use Permit Criteria #2: The speciaf use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the purposes already
permitted and will not substantially dimin'tsh and impair property values within the
neighborhood
Page 10 45
The proposed new restaurant is consistent with the commercial nature of the
Westwood Center development and generally consistent with the type of uses that
have existed at this location in the past. The proposed use, if operated consistent
with the recommended conditions of approval, will not be injurious to the use and
enjoyment or value of properties in the immediate area. Importantly, the restaurant
operator is experienced and well respected in the restaurant business and, is a local
resident. The proposed restaurant will be prominent on the s+ree+scape, across from
the railroad tracks, and will be on amenity to the neighboring residential area and
add vitality to the City's business district.
Consistently, resident surveys have indicated an interest in bringing new restaurants
into the City's business district. In addition, the most recent strategic planning
exercise held by the City Council placed a high priority on encouraging new
businesses to support the long term health of the City's business dis+rict, bring
increased activity into the City's core and support property values throughout the
community.
Spedal Use Permit Criteria #3; The establishment of the spedai use v/il! not Impede
the normal and orderly development and improvement of the surrounding property
for uses permitted in the district. In business districts, the special use will not negatively
affect the overall character of the area or detract from the primary retail nature of
the district.
The surrounding area is already developed. The proposed restaurant will likely help to
attract other tenants to Wes+wood Center to meet the needs and interests of the
growing residential population located within walking distance of this commercial
development and to in turn. support the new restaurants. The proposed restaurant
will add to the vitality of the Central Business District and offer an additional dining
option in the City's core area. The proposed restaurant, if operated consistent with
the proposed conditions of approval, will not negatively affect the overall character
of the area and will support and enhance the business district.
Special Use Permit Criteria #4: The exterior architectural appearance and functional
p/an of any proposed structure will not be incompatible with existing buildings, sites,
the larger neighborhood or district so as to cause a substantiai depreciation in the
property values.
No new buildings are proposed. Exterior renovations to the building are planned and
wilt require review and approval by the Building Review Board.
Spec/'a/ Use Permit Criteria #5: Adequate util'ittes, access roads, drainage and or
necessary facilities have been or are being provided.
Adequate utilities and other infrastructure are in place to serve the new restaurant
which will be located in an existing commercial development.
Page 11 46
Special Use Permit Cnteria #6: Adequate measures have been or will be taken to
provide ingress and egress.
This is an existing commercial site. No changes are planned to the location or
configuration of the curb cuts. Development of on on site circulation plan is
recommended as a condition of approval designating the alley for one-way travel,
allowing entry to the alley from the north and exit on to Western Avenue, into the
commercial district, rather than into the residential neighborhood.
Special Use Permit Criteria #7: The special use shall conform to the applicable
regulations of the districi in which it is located except as such regutations may in
each instance be modified by the City Council as part of the Special Use Permit.
As recommended, the Special Use Permit for the proposed restaurant will allow
operation of the restaurant in a manner consistent with the regulations of the B-2,
Community CommerciaJ Business District. No variances from the regulations of the
district are requested and the recommended conditions of approval wilt put
operating parameters in place for the new restaurant and the overall Westwood
Center. The conditions recommended below are generally consistent with those
established for Kuro, -the recently approved sushi restaurant
Page 12 47
^p'><^^^/-//. n \a5^>\KURO SUSHI RESTAURANT\>- -4-a^\\\\Vr-^I'^I\I-I^I U*tl6ARBA2EALLEY48
EXHIBIT C 49
&w^'
THE CITY OF
LAKE FOREST
CIIAIIT t H r D i a <> i
TO:
DATE:
FROM:
SUBJECT:
PLAN COMMISSION REPORT AND RECOMMENDATION
Honorable Mayor Pandaleon and members of the Council
March 13, 2019
Chairman Kehr and members of the Plan Commission
Special Use Permit for-New Restaurant in Westwood Center, 950 N. Western
Avenue
Pro er Location
950 N. Western Avenue
Zonm District
B-2, Community Commercial
Pro er Owner
Westwood Square LLC
13110 W. Highway 137
Lake Bluff, II 60044
(Todd AItounian 25%,
Nicole Altounian 25%,
Jennifer Bianchi 25%
James Altounian II 25%)
Tenant - Restaurant Owner
Scouts, Jason Akemann
Commission Recommendation
After conducting a public hearing on March 13, 2019, the Plan Commission voted 6 to 0 to
recommend approval of the granting of a Special Use Permit to authorize Scouts Restaurant to
locate and operate at Westwood Center, 950 N. Western Avenue, subject to 12 conditions of
approval as detailed in the Ordinance presented to the Council for consideration.
Summa of Re uest
This is a request for a Special Use Permit to allow Scouts, a new full service restaurant, to
occupy space fronting on Western Avenue, in the Westwood Center commercial development.
Westwood Center, formerly known as Westwood Square, is a multi-tenant, mixed use
development located on the southwest comer of Western Avenue and Woodland Road, in the B-
2 Coinmunity Commercial District. The new restaurant is proposed in the tenant spaces
currently occupied by a cleaners and foot spa.
Restaurants and bars are permitted outright in the B-2 zoning district except when located within
150 feet of property zoned for residential use. Restaurants proposed within 150 feet of a
residential zoning district may only be authorized through a Special Use Permit. Only a portion
of the proposed Scouts Restaurant is located within 150 of the residential zoning district to the
west nevertheless, this petition was presented to the Commission for consideratFon of a Special
Use Permit consistent with the Code requirement.
The Special Use Pennit process provides for a public hearing before the Plan Commission. The
Commission is required to evaluate special use requests for restaurants based on the standard
Special Use Permit criteria and on the performance standards that apply specifically to
50
Plan Commission Report and RecommendaUon Special Use Permit Scouts RcstauraiK at 950 N. Western Avenue
Mar<;hl3,2019-Page2
restaurants. Tlie criteria and standards are reviewed later in this report. As part of the special use
process, the Plan Commission often recommends conditions to the City Council if the
Conimission detemiines that approval of the request, with some limitations and requirements, is
appropriate Conditions of approval as part of a Special Use Pemiit can impose a higher bar for
restaurants located within 150 feet of residential! y zoned properties than for restaurants located
more centrally within the business district. Conditions of approval were established for the
previous restaurants that operated in Westwood Center to mitigate the impacts of light, noise and
general activity on neighboring homes.
In December, 2018, the Plan Commission held a public hearing on a request for a Special Use
Permit for a new sushi restaurant, KLuro, proposed to be located in another space in Westwood
Center. Based on the Commission's reconunendation, the City Council approved a Special Use
Permit for Kuro wliich is anticipated to open later this year. Scouts is proposed as a second
restaurant in Westwood Center as part of the revitalization of the overall development by the new
owners.
Interior upgrades of the second floor office spaces at Westwood Center are currently underway to
provide updated space to attract new tenants and significant exterior building renovations are also
planned.
Back round
Westwood Center has been home to a variety of retail uses, service businesses, restaurants and
office tenants over the years. This development is located toward the northern end of the City's
Central Business District, a short walk from the new residential development at Laurel and
Western Avenues which includes apartments, condominiums and single family homes. The
West Park residential neighborhood is immediately adjacent to Westwood Center to the west and
to the north. Regent's Row, a row house development is located further to the north on Western
Avenue with MLG, another fnll service restaurant, located just north of Regent's Row. Crystal
Point condominiums and other multi-family developments and single family homes are located
further north along Western Avenue. To the east, residential neighborhoods are located within a
short walk or drive ofWestwood Center. In summary, there is a sigiiificant population of
residents within walking distance of this coiniiiercial development providing a strong customer
base for both Kuro and Scouts in addition to the larger community.
Tlie development is located on a frequently used route to Lake Forest High School, the new
restaurant's name, "Scouts" is intended to provide a strong tie to the conimumty.
Westwood Center has frontage on Western Avenue and Scouts will occupy a prominent, highly
visible space in the development. The exterior alterations as proposed will allow views into the
restaurant space from the sidewalk and street adding to the vitality of the streetscape and Cenfa-al
Business District. The City's business district extends both to the north and south of Westwood
Center.
Westwood Center in its entirety, was recently acquired by a new, locally based entity. In recent
years, the development suffered from a lack of attention to maintenance by the previous owner
and as a result, many tenants vacated the development and there were some conflicts with the
adjacent residential neighbors. The new owners have already taken action to upgrade the overall
development and are successfully attracting new tenants to tlie development, such as Lake Forest
51
Plan Commission Report and RecornTnendat-ion Special LJse Permit Scouts RestaufAnt at 950 N. Western Avenue
March l3.2019-Paee3
resident Jason Akemann an experienced restauranteur. The new owners are reactivating the
center witli a mix of tenants to meet the needs of the growing number of residents living in the
area, provide ser/ices aiid amenities to the larger Lake Forest community, aiid attract visitors
from outside the community to patromze local businesses.
Westwood Center, like many locations within the City's linear Central Business District, abuts
single family homes. Tliis juxtaposition can create conflicts while at tile same time, providing a
unique amenity to residents in the neighborhood who are able to walk to restaurants, retail stores
and service businesses. Together, the residential neighborhoods and the Central Business
District create a character that is uniquely Lake Forest. Establishing operating paraineters that
allow the adjacent uses to co-exist is facilitated through the special use process.
As with all areas where different types of uses abut each other, there are advantages and
disadvantages. The Westwood Center property is zoned for and has a history of commercial use
and the proposed restaurant is consistent with the intent of the B-2 zoning district. The details of
how the site operates and is maintained on a daily basis are keys to compatibility with the
neighboring uses.
Overview of Scouts Restaurant
As noted above, a new fall service restaurant, Scouts, is proposed to occupy space that is
currently configured as two tenant spaces with Western Avenue street frontage. The restaurant
space totals approximately 6,300 square feet and will offer seating for about 200 people. The
cleaners, the tenant currently located at the southeast comer of the building, and the foot spa will
be relocated to spaces more internal to the site.
Scouts will be operated by an experienced restauranteur, a Lake Forest resident. The restaurant is
intended to have a unique Lake Forest appeal starting with the name, "Scouts" which creates an
immediate connection with Lake Forest High School students, alumni and the overall
cominunity. The restaurant menu will feature Contemporary Ainerican foods, with traditional
preparations. The restauraiit will feature a full bar as well. The restaurant is intended to appeal
to all ages.
The restaurant will operate seven days a week, serving lunch and dimmer, from 11 :30 a.m. to
11:30 p.m. depending on customer demand. As the weather permits, outdoor dining will be
available in the center of the Westwood Center complex. The reconfigured and updated
courtyard will offer open air dining but in a location encircled by the existing building which will
buffer noise, liglit and activity from the neighboring homes to the west and north. The
opportunity for music in tiie courtyard is planned with the limitation that sound levels would be
such that music are not be heard off site.
52
Excerpt
The City of Lake Forest
Plan Commission
Proceedings of the March 13, 2019 Meeting
A meeting of the Lake Forest Plan Commission was held on Wednesday, March 13,
2019, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Kehr and Commissioners Michael Freeman,
Monica Ruggles, Guy Berg, Stephen Douglass and Susan A+henson
Commissioners absent: Commissioner Remo Picchiet+i
Staff present: Catherine Czemiak, Director of Community Development
***
5. Public Hearing and Action: Consideration of a request for Q Special Use Permit to
authorize Scouts, a casual restaurant, to occupy space in an existing building at
950 N. Western Avenue, commonly known as Wes+wood Square. A portion of the
proposed restaurant is located within 150 feet of property zoned for residential
use.
Property Owners: Westwood Center LLC (Todd Al+ounian 25%, Nicole Al+ounian
25%, Jennifer Bianchi 25%, James Altounian II 25%)
Tenant: Scou+s, Jason Akemann, Bottleneck Management, partner
Representative: Peter Witmer, architect
Chairman Kehr asked the Commission to declare any conflicts of interest or Ex Parte
contacts. Hearing none, she swore in all those intending to speak.
Mr. Akeman introduced the petition and himself noting that he moved to Lake
Forest two years ago and lives about 300 yards from the proposed restaurant. He
s+a+ed that he was born into the restaurant business and started washing dishes in his
family's restaurant four start restaurant at seven years old. He stated that he has
worked every position in various restaurants and has been involved in restaurant
projects all over the Country. He stated that he now works for himself. He stated
that at the age of 25, he opened a bar across from Wrigley Field which he just sold
earlier this year. He stated that he has built a business with 42 corporate employees
and 1,500 restaurant employees. He stated that he has restaurants in seven
different states and five restaurants currently under construction, including one in
Disney Springs, Orlando. He stated that today, his business has 16 operating
restaurants as an outgrowth of that original bar. He stated that this project for him is
not about any of that, it is Q "solo album". He stated that this restaurant is his
attempt to give back to this community in the best way that he knows how and fill a
gap that he sees in the community. He stated that today, there are two distinct
53
Plan Commission Minutes - March 13, 2019 Meeting Page 2 of 6
types of restaurants in town. He stated that the Central Business District is the place
for restaurants, not the outskirts of the community. He stated +ho+ restaurants are
revitalizing neighborhoods and towns if they are invested in properly. He said that
he sees an opportunity for a restaurant a+ this location that serves the family
community as well os the restaurant diner. He stated that a multi-generationat
restaurant is possible if it is designed properly and serves approachable, accessible
and casual food at a price point that allows many residents to participate. He
stated that he has three children under seven and knows that it is difficult to find a
restaurant that works well for his family. He s+aied that he first got involved in this
project after Mr. Al+ounian consulted him about the viability of a restaurant at this
location. He stated that he kept looking at the space and driving by and became
more and more interested. He noted that he came to the conclusion that it could
work and then developed Q plan that makes sense for the type of operation that he
wants to bring to Lake Forest. He stated that it was never a question of whether he
was going to open a restaurant in Lake Forest, but a question of when and where.
He described the restaurant noting that as proposed, it is a little over 6,000 square
feet and will seat 200 to 210 inside and seasonally, 40 to 50 outside. He explained
that a 60 seat restaurant in the City equals a 200 seat restaurant in the suburbs
because there is only one peak time and not as much opportunity to turn tables
over for a second seating in the suburbs. He said that he carefully thought about
the right size for this restaurant and what is needed to make it work without
overreaching. He noted the location of the restaurant in the building on the
Western Avenue street frontage, in the portion of the building that is furthest away
from the adjacent residential development. He stated thai he gave careful
consideration to the location of services needed to support the restaurant and the
potential for noise and traffic impacts on nearby residents. He stated that deliveries
of major items will occur once or twice a week, between 8 a.m. and 4 p.m. He
stated that he does not plan to have employees in the restaurant earlier than 8 a.m.
He stated that the building configuration provides the opportunity +o take deliveries
in the alley without blocking the street or alley. He noted that trucks will be able to
turn off their engines while parked on the south side of the building, away from the
neighboring homes. He stated that the one-way alley, entering from Woodland
Road and existing on to Western Avenue, will make it clear to truck drivers how to
move through the site. He stated that the building is welt set up for garbage
removal with the collection areas located off the alley, around the building, adding
that they ore sufficient in size -to handle dumpsters. He stated that he anticipates
garbage pickup every day, except Sunday, adding that mid-af+ernoon pickups are
best for his business. He stated that he will have between 20 to 30 employees on site
Q+ any one time and stated that employees will be required to use the public lots on
the east side of the railroad tracks noting that he will likely purchase permits at least
for management staff. He stated that he is experienced in enforcing employee
parking regulations and reiterated that he lives just a couple blocks from the site
and he will be watching. He noted that although there is not a large parking lot
near the entrance to the building, there are 20 surface parking spaces on the site
and 40 more spaces under the building. He added that there are plenty of parking
spaces along both sides of Western Avenue for customer parking noting that the
54
Plan Commission Minutes - March 13, 2019 Meeting Page 3 of 6
Lantern and Au+hentico only have the street parking to rely on for customers. He
stated that based on his experience, the available parking is sufficient to meet the
needs of the restaurant. He stated his intention to have on site valet service
available on the weekends and other times if needed. He provided some specifics
about the restaurant noting that it is intended to be a relaxed and casual space
that will appeal to all generations. He stated the intent to offer meals for $12.00 to
$24.00 dollars per person. He explained that the seating will accommodate large
groups with booths and tables that are easy to push together for families. He stated
that tables will accommoda+e high chairs and toddlers. He stated his intent to bring
successful elements of his other restaurants to Lake Forest, elements that are not
currently available here. He stated that the bar will be appropriately sized to
accommodate people who are waiting for tables. He said that the kitchen will be
visible from inside the restaurant. He pointed out that the entry area is wide and
welcoming adding that he is not trying to maximize tables and seats. He
commented that most tables will be low, again, to accommodate families, with
fewer high tops. He stated that seasonally, tables will be available in the courtyard,
internal to the site, within the four walls of the building. He stated that appropriate
lighting will be added to the courtyard with perhaps Q water or fire feature. He
stated that lunch and dinner will be served adding that the anticipated hours ore
11:30 a.m. to 11:30 p.m., depending on customer traffic. He stated that the name
"Scouts" is intended to connect wi+h the community explaining that he would like to
use his experience to serve the community in which he has decided to raise his
family.
Ms. Czerniak explained that the proposed restaurant is before the Commission for
consideration because restaurants within 150 feet of property zoned for residential
use require consideration through the Special Use Permit process. She stated that a
portion of the proposed restaurant is within 150 feet of a residential zoning districl.
She reminded the Commission that a few months ago Kuro, a Sushi res+ourant
proposed in Wes+wood Center, was before the Commission for consideration. She
stated that the space in which Kuro will be located is wholly within the 150 foot
boundary. She stated that Scouts, the restaurant now proposed, is partially located
within the 150 foot area. She noted that if the restaurant was outside of the 150 foot
area, it would be allowed by right and would not require consideration through the
Special Use Permit process or action by the Commission.
Chairman Kehr invited questions from the Commission to the petitioner or staff.
In response to questions from Commissioner Athenson. Mr. Altounian confirmed that
on-site parking, in combination with street parking on Western Avenue, will be
sufficient to meet the needs of the restaurant during the day, on week days. He
stated that as noted, valet parking and use of the public parking lots on the east
side of the railroad tracks will likely be needed on weekends. He stated that the
goal will be to make it easy for customers. He confirmed thai the valet drop off and
pick up area will be configured to avoid blocking the flow of traffic on Western
Avenue.
55
Plan Commission Minutes March 1 3, 2019 Meeting Page 4 of 6
In response to questions from Commissioner Athenson, Mr. Akemonn stated that
proposed restaurant will likely be a level above Chiefs and The Lantern, and below
the Deerpath Inn and Market House. He stated that his restaurant will be more
casual than MLG and, like The Silo, will fill a niche that is welcoming to families. He
noted that niche is filled by restaurants outside of the community, but could be met
within the community. He stated that the proposed res+auront will be casual, a
place to go after a soccer game.
In response to questions from Commissioner Berg, Mr. Wi+mer confirmed that the
face of the building will be removed and replaced with upgraded materials. He
confirmed that windows will be added to wrap around the comer of the building, to
the south elevation. He stated that the Building Review Board is scheduled to
review the plans for the building at the next meeting. He stated that a substantial
investment will be made into the building.
In response to questions from Commissioner Friedman, Mr. Akemann confirmed that
he is comfortable with the conditions as proposed by staff.
On behalf of the Commission, Chairman Kehr thanked Mr, Akemann for his interest
in the community and for his enthusiasm.
In response to questions from Chairman Kehr, Mr. Akemann s+o+ed that parking
spaces for pick up services will be located in the surface parking lot on the site or in
the below grade parking lot.
In response to questions from Chairman Kehr, Mr. Al+ounian stated that during the
day, about six of the below grade parking spaces may be dedicated to employees
in the second floor offices. He stated that in the evenings, and on the weekends, all
of the underground spaces will be open and available for customers.
In response to questions from Commissioner Berg, Mr. Altounian confirmed that there
is an elevator that provides access from the below grade parking to both the
ground level and the second floor. He confirmed that the planter boxes in the
courtyard will be removed.
Hearing no further questions from the Commission, Chairman Kehr invited public
testimony.
Nicholas Boyaris, 947 Oakwood Avenue, stated that he recently received the notice
of the public hearing by Certified Mail. He stated that the letter stated different
hours of operation than those stated by Mr. Akemann. He noted that the use of the
courtyard for 40 additional seats and the request to allow amplified sound in the
court yard were also surprises. He stated that the restaurant as proposed appears
to be quite large. He expressed concern about exterior lighting in the alley noting
that any lighting should be subdued and directed downward. He expressed
concern about people parking in the neighborhood noting that with two restaurants
56
Plan Commission Minutes - March 13, 2019 Meeting Page 5 of 6
at this location, parking may be tight, hie reiterated his concern about the size of
the restaurant and po+en+iol of impact on his home. He stated that he is not
supportive of the proposed restaurant.
Roberta Boyaris, 947 Oakwood Avenue, stated that she lives in the house located
closest to the restaurant. She expressed concern about outdoor dining in the
courtyard noting that when Dona+i's was located in the development, they could
hear noise from Qctivity in the courtyard. She asked that consideration be given to
ways to buffer the noise. She expressed surprise at the proposed hours of operation.
Hearing no further requests to speak. Chairman Kehr closed the public hearing and
invited final questions and comments from the Commission.
In response to questions from Commissioner A+henson, Ms. Czerniok, noted that the
staff report includes a condition that speaks to noise from the courtyard and exterior
lighting on the site. She explained that ultimately, it is the property owner's
responsibility to insure that the conditions of approval are followed. She stated that
in the event the conditions are not followed, the Ci+y will notify the property and
business owners and request that corrective action be taken. She stated that if the
conditions are violated on an ongoing basis, the Special Use Permit may be revoked
or brought back to the Plan Commission for review. She stated that liquor licenses
issued by the City allow restaurants to remain open until midnight however she
noted that most restaurants in the community close much earlier than midnight
simply because there is no customer interest late in the evening.
In response to questions from Commissioner Athenson, Mr. Akemann explained that
there is a grease containment system in the basement adding that the proposed
restaurant will not generate the volume of grease generated by a fast food
restaurant. He stated that his busiest restaurants require pumping of the grease
containment system once a month unlike fast food restaurants which require
pumping each week. He s+a+ed that pumping the grease will take about 30
minutes and pointed out that he can specify the time the trucks arrive.
In response to questions from Commissioner Freeman, Ms. Czerniak said that the
Code requires service of alcohol in outdoor areas to end a+ midnight or when the
main restaurant closes. She noted that for instance, restaurant employees cannot
gather on the pa+io for drinks after hours.
Chairman Kehr noted that a condition in the staff report recommends that all
Qc+ivi+y on the outdoor patio end by 11:00 p.m. She asked if there was any further
Commission discussion on the hours requested by the petitioner.
Commissioner Berg noted that the courtyard and restaurant are shielded from the
neighboring homes.
57
Plan Commission Minutes - March 13, 2019 Meeting Page 6 of 6
Commissioner Douglass noted that there is a condition that limits noise from the
courtyard that is disruptive off of the si+e. He added that the two restaurants have
different exposure as it relates to the neighborhood.
Hearing no further comments. Chairman Kehr summarized that the Commission is
supportive of the hours os requested by the petitioner with the provision that if there
is ongoing disruption of the neighborhood, the hours will be subject to further review.
Hearing no further comments from the Commission, Chairman Kehr invited a motion.
Commissioner Freeman mode a motion to recommend approval of a Special Use
Permit to authorize a full service restaurant. Scouts, par+iotly within 150 feet of
properties zoned for residential use. He added that Scouts will be located 950 N.
Western Avenue, in Westwood Center. He noted that the motion is subject to 12
conditions. (The conditions are detailed in the Ordinance.)
58
CITY OF LAKE FOREST
LAKE COUNTY, ILLINOIS
CONSTRUCTION ADMINISTRATION AGREEMENT
FOR TELECOMMUNICATIONS FACILITIES
This Construction Administration Agreement (“Agreement”) is this ___________ day of
_______________, 2019, hereby entered by and between the City of Lake Forest, an Illinois
home rule municipal corporation (the “Authority”) and MCImetro Access Transmission Services
Corp., d/b/a Verizon Access Transmission Services (the “Facility Owner”). The Authority and
Facility Owner may be referred to herein singularly as a “Party” and collectively as the “Parties.”
WHEREAS, the City of Lake Forest is an Illinois home rule municipal corporation
operating under power and authority granted by the laws and Constitution of the State of Illinois;
and
WHEREAS, the City of Lake Forest is a highway authority with respect to such rights-of-
way located within the boundaries of the City and not otherwise operated and maintained by the
County of Lake or State of Illinois; and
WHEREAS, the Authority has heretofore adopted Sections 98.105 through and including
98.999 of the City of Lake Forest Code of Ordinances, entitled, “Construction of Utility Facilities
in the Public Rights-of-Way,” (Sections 98.105 through and including 98.999, as amended, are
hereafter referred to as the “Regulations”); and
WHEREAS, the Regulations provide for telecommunications retailers that desire to
construct utility facilities in the right-of-way to provide, as a condition of being awarded each
permit, proof of insurance and a security fund; and
WHEREAS, the Regulations provide that the Authority, in its discretion and as limited by
law, may require utilities to enter into a franchise, license or similar agreement for the privilege of
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locating their facilities within the Authority rights-of-way and, in such an agreement, the Authority
may provide for terms and conditions inconsistent with the Regulations; and
WHEREAS, Facility Owner operates and is registered with the Illinois Department of
Revenue as a Telecommunications Retailer under the Telecommunications Infrastructure
Maintenance Fee Act (TIMFA) (35 ILCS 635/10 and following); and
WHEREAS, the Facility Owner intends and desires to engage in a widescale, multi-year
construction project for the purpose of installing telecommunication facilities within the Authority
rights-of-way (the “Project”);
WHEREAS, the Authority and the Facility Owner desire to facilitate the mutually
convenient and efficient administration of the Project to minimize the cost to the Facility Owner
and the inconvenience to the public; and
WHEREAS, the Authority and Facility Owner desire for this Agreement to supersede the
Regulations to the extent of any conflict.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing recitals, the mutual
covenants and obligations herein described, and other good and valuable consideration, the
Authority and Facility Owner hereby agree as follows:
1. Recitals. The Parties hereby confirm the validity of the representations and recitals
set forth in the foregoing recitals. The parties acknowledge that said recitals are material to this
Agreement and are hereby incorporated into and made a part of this Agreement, as though they
were fully set forth in this Section 1 and that they shall continue for as long as this Agreement is
in full force and effect.
2. Police Powers. Nothing in this Agreement shall be construed as an abrogation by
the Authority of any of its police powers to adopt and enforce generally applicable ordinances
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deemed necessary by the Authority for the health, safety, and welfare of the public, and the Facility
Owner shall comply with all generally applicable laws, codes and ordinances enacted by the
Authority pursuant to such police power.
3. Term of Agreement; Renewal.
a. The term of the Agreement granted hereunder shall be three (3) years unless the
Agreement is renewed or is lawfully terminated in accordance with the terms of
this Agreement and/or applicable law.
b. The term of this Agreement shall automatically renew for additional three (3) year
terms unless either party delivers notice of intent not to renew no later than sixty
(60) days prior to the expiration of the then current term.
4. Reservation of Authority. Nothing in this Franchise Agreement shall (A) abrogate
the right of the Authority to authorize the use of rights-of-way for public purposes or to perform
any public works or public improvements of any description, (B) be construed as a waiver of any
laws, codes or ordinances of general applicability promulgated or enforceable by the Authority, or
(C) be construed as a waiver or release of the rights of the Authority in and to the rights-of-way.
5. Construction Standards. Except as otherwise provided in this Agreement, Facility
Owner shall comply with all the requirements established in the Regulations.
6. Modified Application Requirements.
a. Insurance. For the term of this Agreement, the Facility Owner shall be deemed to
satisfy the requirements described in §98.112 and §98.108(C)(8) of the Regulations
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if the Facility Owner annually files evidence with the Authority that the Facility
Owner, at its own cost and expense, maintains insurance coverages which comply
with §98.112 of the Regulations. Provided the Facility Owner annually files such
evidence of insurance, the Facility Owner shall not be required to include proof of
insurance with each permit application.
b. Security. For the term of this Agreement, the Facility Owner shall be deemed to
satisfy the requirements described in §98.114 and §98.108(C)(9) of the Regulations
if the Facility Owner deposits with the Authority a surety construction bond equal
to $250,000. In the event the Authority withdraws from the Security Fund in the
manner described in §98.114(D), the Facility Owner shall not be compliance with
this section unless the Facility Owner restores the full value of the Security Fund
within fourteen (14) days from receipt of notice from the Authority of the amount
withdrawn from the Security Fund and the reasons therefor. Provided the Facility
Owner maintains the Security Fund in compliance with this section, the Facility
Owner shall not be required to deposit a separate security fund with each permit
application. The Security Fund shall not be closed and returned to the Facility
Owner until the expiration or earlier termination of this Agreement.
c. Project Plans. For the term of this Agreement, the Facility Owner shall be deemed
to satisfy the requirements described in §98.108(C)(4) of the Regulations if the
Facility Owner annually files with the Authority, on or before the date of the
construction administration meeting described in Section 7 of this Agreement, a
general description of all proposed work the Facility Owner intends to perform
during the next twelve (12) months and the purposes and intent of the facility and
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the uses to which the facility will be put (the “Project Plans”). The scope and detail
of such Project Plans shall be appropriate to the nature and character of the work to
be performed, with special emphasis on those matters likely to be affected or
impacted by the work proposed, especially including, but not limited to, any
adjacent residential uses. Where the Facility Owner intends to construct or where
the Project Plans clearly require, additional aboveground facilities in the rights-of-
way, the Project Plans shall include a proposed facilities plan showing the type and
location of facilities intended or required. Provided the Facility Owner annually
files the aforementioned Project Plans in compliance with this section, the Facility
Owner shall not be required to deposit a separate plans with each permit
application.
7. Construction Administration Meeting. In consideration for the benefits granted the
Facility Owner under this Agreement, the Facility Owner agrees to meet with the Authority’s
designated representatives annually, on or before November 15 each year, to (i) review the Facility
Owner’s Project Plans for the succeeding year, (ii) coordinate and schedule the parties’ respective
construction projects for the succeeding year to avoid conflicts and increase opportunities for
concurrent work in the rights-of-way, and (iii) agree upon changes to the Facility Owner’s Project
Plans to minimize the degree of incompatibility between the Facility Owner’s facilities and
Authority-owned facilities or adjacent land uses.
If the Facility Owner desires to modify its Project Plans in any manner the parties have not
jointly memorialized following the Construction Administrative Meeting, the Facility Owner may
not modify such Project Plans without advance written approval from the Authority.
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8. Notice of Violation or Default. In the event the Authority believes that the Facility
Owner has not complied with the terms of the Agreement, it shall notify the Facility Owner in
writing with specific details regarding the nature of the alleged noncompliance or violation.
9. Facility Owner’s Right to Cure. The Facility Owner shall have thirty (30) days
from the receipt of the Authority’s written notice of violation to cure such noncompliance; or in
the event that, by nature of the default, such default cannot be cured within the thirty (30) day
period, initiate reasonable steps to remedy such default and notify the Authority of the steps being
taken and the projected date that the cure will be completed and request additional time from the
Authority to complete the cure.
10. Enforcement. In the event the Facility Owner fails to cure a violation within the
applicable cure period, the Facility Owner shall be deemed in default of this Agreement. If the
Facility Owner is in default of any provision of the Agreement, the Authority may:
a. seek specific performance of any provision that reasonably lends itself to such
remedy as an alternative to damages, or seek other relief available in equity
including declaratory or injunctive relief; or
b. in the case of either a frequently recurring default or a substantial default of a
material provision of the Agreement, declare the Agreement to be revoked,
terminated and no further force and effect.
11. Remedies Not Exclusive. In addition to the remedies set forth in Section 10, the
Facility Owner acknowledges the Authority’s ability to enforce the requirements and standards,
and the penalties for non-compliance with such standards consistent with the Regulations and any
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other applicable provision of the City Code. Notwithstanding the foregoing, nothing in this
Agreement shall be interpreted to permit the Authority to exercise such rights and remedies in a
manner that permits duplicative recovery from, or payments by, the Facility Owner. Such
remedies may be exercised from time to time and as often and in such order as may be deemed
expedient by the Authority.
12. Force Majeure. The Facility Owner shall not be held in default under, or in
noncompliance with, the provisions of the Agreement, nor suffer any enforcement or penalty
relating to noncompliance or default (including termination, cancellation or revocation of the
Agreement), where such noncompliance or alleged defaults occurred or were caused by strike, riot,
war, earthquake, flood, tidal wave, hurricane, tornado or other catastrophic act of nature, labor
disputes, governmental, administrative or judicial order or regulation or other event that is
reasonably beyond the Facility Owner’s ability to anticipate or control. This provision also covers
work delays caused by waiting for utility providers to service or monitor their own utility poles on
which the Facility Owner’s equipment is attached.
13. Notice. All notices, consents, approvals, requests, and other communications
required or permitted under this Agreement shall be in writing and shall be sufficiently given and
served upon the other party by (a) hand delivery, (b) first class mail, registered or certified, return
receipt requested, postage prepaid, or (c) reputable overnight courier service and addressed as
follows:
To the Authority:
The City of Lake Forest
220 E. Deerpath
Lake Forest, Illinois 60045
ATTN: City Manager
E-mail:
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To the Facility Owner:
MCImetro Access Transmission Services Corp.
d/b/a: Verizon Access Transmission Services
ATTN: Franchise Manager
600 Hidden Ridge
Irving, TX 75038
With Copies to (except for invoices):
Verizon
1320 North Courthouse Road, Suite 900
Arlington, VA 22201
Attn: Vice President and Deputy General Counsel, Network Services
Invoices:
Verizon
ATTN: Contract Admin.
6929 N. Lakewood Ave. MD 5.3-4009
Tulsa, OK. 74117
24-Hour Emergency Contact:
1-800-MCI-WORK
Either party may change its address and addressee for notice by notice to the other party
under this Section. Notice by hand delivery, and notice by overnight courier service shall be
deemed received when delivered, and notice by mail shall be deemed deli vered three days after
placing in the United States Mail.
Notwithstanding the notice procedures herein above described, when notice is required
between the parties with respect to any matter likely to have cause imminent impact on public
health, safety or welfare, the parties may initially communicate using e-mail, provided such notice
is followed in a manner otherwise required by this Agreement.
14. Notwithstanding anything in the Regulations, Facility Owner shall not be required
to pay any additional fees or compensation to the City under this Agreement including for site
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specific permits, application, inspection, and review fees, so long as 1) Facilities Owner maintains
its status as a Telecommunications Retailer under the Telecommunications Municipal
Infrastructure Maintenance Fee Act (TMIFMA) (35 ILCS 635/) and 2) timely pays the taxes
imposed by the Simplified Municipal Telecommunications Tax Act (SMTT) (35 ILCS 636/5) to
the State of Illinois.
15. Entire Agreement. This Agreement embodies the entire understanding and
agreement of the Authority and the Facility Owner with respect to the subject matter of this
Agreement and supersedes all prior agreements, understandings, negotiations and
communications, whether written or oral, and there are no representations or agreements among
the parties except as specifically set forth in this Agreement. All ordinances or parts of ordinances
related to the construction of telecommunications facilities that are in conflict with or otherwise
impose obligations different from the provisions of this Agreement are superseded by this
Agreement.
16. Severability. If any section, subsection, sentence, clause, phrase, or other portion
of this Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency,
commission, legislative body, or other authority with jurisdiction over the parties, such portion
shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the
validity of the remaining portions hereof, which other portions shall continue in full force and
effect. In the event any provision hereof is nonetheless found by a final, non-appealable judicial
order to be invalid or unenforceable in the manner in which it is applied or implemented by the
parties hereto, the parties agree that the change in interpretation and performance of this
Agreement shall be solely prospective from the effective date of the order and shall not give rise
to any retroactive claims for a party’s actions in reliance on this Agreement preceding the date of
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such order unless such order clearly addresses the retroactive and prospective application of such
order. If any material provision of this Agreement is found to be unenforceable in a final judicial
or administrative proceeding, either party may notify the other in writing that the Agreement has
been materially altered by the finding of unenforceability and elect to terminate the Agreement.
17. Governing Law. This Agreement shall be deemed to be executed in the State of
Illinois, and shall be governed by the laws of the State of Illinois, without regard to conflict of
laws, except where superseded by Federal law.
18. Venue. Except as to any matter within the exclusive jurisdiction of the federal
courts or the FCC, all judicial actions relating to any interpretation, enforcement, dispute resolution
or any other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois,
Lake County, Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be
brought in the United States District Court of the Northern District of Illinois.
19. Modification. No provision of this Agreement shall be amended or otherwise
modified, in whole or in part, except by an instrument, in writing, duly executed by the Authority
and the Facility Owner, which amendment shall be authorized on behalf of the Authority through
the adoption of an ordinance by the City Council, as required by applicable law.
20. No Third-Party Beneficiaries. Nothing in this Agreement is intended to confer
third-party beneficiary status on any person, individual, corporation or member of the public not a
signatory to this Agreement to enforce the terms of this Agreement.
21. City's Contract Rights; Exercise of Home Rule Authority. The parties hereby
acknowledge and agree that the City’s execution and enforcement of this Agreement, and the grant
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of such benefits given to the Facility Owner in consideration for the same, are an exercise of the
City’s home rule authority to enter into contracts having a bearing on the local government and
affairs of the City to the extent granted or permitted by Article VII, Section 6 of the Illinois
Constitution.
22. No Disqualifications
a. Patriot Act. The Facility Owner represents and warrants that it is not acting,
directly or indirectly, for or on behalf of any person, group, entity, or nation named
by the United States Treasury Department as a Specially Designated National and
Blocked Person, or for or on behalf of any person, group, entity, or nation
designated in Presidential Executive Order 13224 as a person who commits,
threatens to commit, or supports terrorism; and that it is not engaged in this
transaction directly or indirectly on behalf of, or facilitating this transaction directly
or indirectly on behalf of, any such person, group, entity, or nation.
b. Debarment. The Facility Owner hereby certifies that it is not barred from entering
into this Agreement as a result of a violation of either Section 33E-3 or Section
33E-4 of the Illinois Criminal Code and that the Facility Owner has a written sexual
harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4).
{Intentionally Left Blank—Signature Page Follows}
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
AUTHORITY: FACILITY OWNER:
City of Lake Forest MCImetro Access Transmission Services Corp.
d/b/a: Verizon Access Transmission Services
__________________________________ __________________________________
By: George A. Pandaleon By: Robert J. Hayes
Mayor Its: Senior Manager – Network Engineering &
Operations
ATTEST:
___________________________________
By: Margaret Boyer
City Clerk
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FIRST AMENDMENT TO RESTATED AGREEMENT
RELATING TO THE GORTON PROPERTY
THIS FIRST AMENDMENT is made as of the ___ day of _____________, 2019, by
and between THE CITY OF LAKE FOREST, an Illinois charter and home rule municipal
corporation (the “City”), and the GORTON COMMUNITY CENTER, an Illinois not-for-
profit corporation (“GCC”);
W I T N E S SE T H:
WHEREAS, the City is the owner of certain real property at the site of the former
Gorton School located at 400 East Illinois Road in Lake Forest, Illinois (“Property”); and
WHEREAS, the Property is improved with a building operated as a community center
for the purposes of promoting activities of public interest and bringing together organizations for
the benefit and enjoyment of the entire Lake Forest community; and
WHEREAS, GCC is a not-for-profit entity with its own board of directors; and
WHEREAS, on July 1, 2013, the City and GCC entered into that certain Restated
Agreement Relating to the Gorton Property (“Agreement”) to fully define their respective roles
and responsibilities to each other and with respect to the Property, including the terms and
conditions for the development, use, operation, and management of the Property; and
WHEREAS, the Agreement allows the City to appoint a varying number of members to
the GCC board of directors and requires GCC to annually budget a certain amount of funds for
the upkeep, maintenance, repair, and replacement of building systems; and
WHEREAS, the City and GCC now desire to amend the Agreement to, among other
things, a) modify the number of City-appointed directors on the GCC board of directors and b)
describe the required sharing of GCC’s financial information with the City, as more fully set
forth in this First Amendment;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and agreements set forth below and other good and valuable consideration, the
sufficiency of which the parties hereto acknowledge, the parties hereby agree to amend the
Agreement as follows:
Section 1. Recitals. The foregoing recitals are material to this First Amendment and
are incorporated therein as if fully set forth in this Section 1.
Section 2. Amendment to Subsection 10.B. Subsection 10.B, entitled “Reports,” of
Section 10, entitled “Finances,” is hereby amended as follows:
“B. Reports. The GCC shall submit to the City Audit Committee, on
an annual basis, (i) an audited financial statement undertaken in accordance with
generally accepted accounting principles of the GCC’s most recently completed
fiscal year, (ii) a status report on fundraising receipts for the benefit of GCC, and
(iii) a report or reports regarding the GCC’s maintenance, operation, and repair
activities on the Property (including the amounts expended on such activities).”
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Section 3. Amendment to Subsection 10.C. Subsection C, entitled “Budget Review
and Approval,” of Section 10, entitled “Finances,” is hereby amended as follows:
“C. Budget Review and Approval.
1. Amendment to GCC’s By-Laws. As soon as practical after
the signing of the First Amendment, GCC agrees to amend its by-laws (the
“GCC By-Laws”) to provide that the City shall have the right to appoint
three of the GCC board of directors (“GCC Board”) (which members
appointed by the City shall hereinafter be referred to as the “City GCC
Board Members”). The City GCC Board Members shall serve three-year
terms, which terms may be renewed in the discretion of the City Council
for one additional three-year term. The City GCC Board Member position
Description is attached as Exhibit A. The GCC By-Laws shall also
continue to provide for a sub-committee, known as the “Finance and
Operations Sub-Committee,” which shall be comprised of the City GCC
Board Members, the GCC Chairperson, and the GCC Treasurer. The GCC
By-Laws shall further provide that: (a) the Finance and Operations Sub-
Committee shall i) oversee the preparation of the annual operating and
capital budgets and audit; ii) review monthly GCC financial statements and
review periodically GCC’s accounting and cash management policies; iii)
oversee GCC’s strategies relating to operations, staffing, building
maintenance and repair, space rental, general programming, and theater
programming; and iv) oversee and review a long-range financial plan for
GCC; (b) the City GCC Board Members shall be full voting members of
the GCC Board; (c) a City GCC Board Member shall serve as the chairman
of the Finance and Operations Sub-Committee and the chair shall be a
member of the GCC Executive Committee; and (d) the City Manager shall
be a non-voting participant of the GCC Board. The GCC shall submit the
foregoing amendment of the GCC By-Laws to the City Manager for review
and written approval, and, following such approval, the GCC shall not
further amend the GCC By-Laws in any way that alters, directly or
indirectly, the amendments set forth in this Section 10.C.1.
2. City Director Appointment. Following the approval of the
amendments to the GCC By-Laws as set forth in Section 10.C.l of this
Agreement, the Membership Committee, with the approval of the City
Manager, shall realign the GCC Board to result in its having three City
GCC Board Members (from among those that are currently City Directors
or newly appointed City Directors).
3. Annual Budget.
a. On an annual basis, the Finance and Operations Sub-
Committee and the GCC Executive Director (who shall report
to the GCC Board) shall submit to the City Audit Committee
for review and approval, the GCC's annual budget and plans
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Execution Copy
for the use of and programming at the Property (the “Annual
Budget and Plan”). The Annual Budget and Plan shall set
forth, inter alia, fees and charges for the use and occupancy
of the Property, as well as projected additional revenues and
expenditures, and identification of specific programs and
occupants (to the extent known) of various spaces within the
Property. The Annual Budget and Plan shall also include at
least the "Minimum Annual GCC Maintenance Investment" (as
hereinafter defined). In addition, the Annual Budget and Plan
shall include a five-year financial forecast.
b. In connection with the City's review of the Annual Budget
and Plan, the Parties shall review the capital needs of the
Building for a five-year period, capital budgets of GCC and
the City, the maintenance contracts of the GCC, as well as
any adjustments that may be appropriate to the "Listing of
Infrastructure Replacement Responsibilities" (as hereinafter
defined). Nothing in this Section 10 precludes the GCC from
seeking contributions from the City for any significant
Building infrastructure costs that the GCC has incurred or
anticipates incurring as part of the Annual Budget and Plan
process.
c. Following such review (which may include interim comments
with suggested revisions to the Annual Budget and Plan), the
City shall submit its recommendation for approval, approval
with modification, or rejection of the Annual Budget and Plan
to the full City Council. The City Council shall have the right
to approve, approve subject to modifications, or reject the
Annual Budget and Plan.
d. The GCC shall only be authorized to use and occupy the
Property in accordance with an approved Annual Budget and
Plan. In the event that the City Council does not approve an
Annual Budget and Plan as presented by the GCC, the GCC
shall only be authorized to Operate and occupy the Property
in accordance with the Annual Budget and Plan last approved
by the City Council [subject to rate adjustments not
exceeding the change in the Consumer Price Index as defined
in 35 ILCS 200/18-185 (the “CPI”) since the Effective Date of
this Agreement].
e. The Finance and Operations Sub-Committee shall from time-
to-time establish guidelines for the GCC regarding the
contents of such Annual Budget and Plan, including a
timetable for its submission to and review by the City, which
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guidelines shall be subject to the approval of the City
Manager.”
Section 4. Amendment to Section 10.D.1.b., GCC Maintenance Obligations.
Subparagraph b of Paragraph 1, entitled “GCC’s Responsibilities,” of Subsection D, entitled
“Upkeep, Maintenance, Repair and Replacement,” of Section 10, entitled “Finances,” is hereby
amended as follows:
“b. With respect to the upkeep, maintenance, repair, and replacement of the
HVAC, elevator, electrical, plumbing, and fire suppression and alarm
systems (but not replacement of lighting and plumbing fixtures) in the
Building and any accessory buildings and structures on the Property
(collectively, the “GCC Maintenance Obligations”), GCC shall be
required to include in its Annual Budget and Plan sufficient funding to
satisfy the GCC Maintenance Obligations each year. In any year in which
GCC’s endowment falls below $2,000,000.00. GCC shall be required to
include in its Annual Budget and Plan at least $25,000.00 in that year,
which amount must be maintained each year until the GCC’s Endowment
again reaches $2,000,000.00 (“GCC Maintenance Reserve”). To the extent
GCC does not expend the approved maintenance funding to satisfy the
GCC Maintenance Obligations in any fiscal year, such remaining amount
shall be placed in a separate account (the “GCC Maintenance Reserve”),
which GCC Maintenance Reserve (plus any interest earned thereon) shall
be used only for satisfying GCC Maintenance Obligations. If, in any year,
the cost of the GCC Maintenance Obligations exceeds the maintenance
funding amount included in the approved Annual Budget and Plan), then
GCC shall use such moneys that are available in the GCC Maintenance
Reserve to undertake any necessary GCC Maintenance Obligations.
To the extent the GCC undertakes repair work on the Property for which
the City receives proceeds under an applicable insurance policy or similar
coverage, the City shall reimburse the GCC for its actual repair costs, but
in no event more than the insurance proceeds that the City has actually
received. Any such reimbursement amounts shall be deposited in the GCC
Maintenance Reserve if it is in place per the preceding paragraph.
Notwithstanding the GCC’s obligations pursuant to this Section 10.D.1,
the GCC shall not be required to undertake any GCC Maintenance
Obligations in excess of the amounts set forth in the approved Annual
Budget and Plan.”
Section 5. Remaining Provisions. The terms and provisions of the Agreement not
specifically modified by this Amendment shall remain in full force and effect and shall not be
construed to have been modified, waived, discharged or otherwise altered by this Amendment.
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Execution Copy
IN WITNESS WHEREOF, the City and GCC have executed this Amendment as of the
date first above written.
GORTON COMMUNITY CENTER, an
Illinois not-for-profit corporation
ATTEST: By: ______________________
______________________ Its: ______________________
THE CITY OF LAKE FOREST, an Illinois
municipal corporation
ATTEST: By: ______________________
______________________ Its: ______________________
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Execution Copy
Exhibit A
City GCC Board Member Position Description
A Gorton Community Center (sometimes abbreviated “GCC”) City of Lake Forest (“City”)
Director (also referred to as a “City GCC Board Member”) is appointed to the Gorton Board
of Directors by the City Mayor with the concurrence of the City Council for a term of three
years and up to two terms.
City GCC Board Members
A City GCC Board Member shall be a full voting member of the GCC Board of Directors, the
Finance Committee and such other committees as appointed to by the Board President.
A City GCC Board Member is expected to:
a. Devote special attention to the interests of the City in maintaining a viable and
financially sound institution that operates for the benefit of the City and neighboring
communities.
b. Participate in Gorton’s finance and operations strategies to include:
1. oversee the preparation of the annual operating and capital budgets and audit;
2. review monthly Gorton’s financial statements and review periodically
Gorton’s accounting and cash management policies;
3. oversee Gorton’s strategies relating to operations, staffing, building maintenance
and repair, space rental, general programming, and theater programming; and
4. oversee and review a long-range financial plan for Gorton.
c. Bring to the attention of the GCC Board any matters related to the governance of the
Gorton Community Center that may be detrimental to the City. If the City GCC
Board Member feels that GCC Board action on the matter (whether action on the
matter is taken or not taken) is insufficient, the City GCC Board Member shall bring
the matter to the attention of the Finance Committee Chair of the City Council.
City GCC Board Members Qualifications
Qualifications for a City GCC Board Member should include:
• Strong communication skills
• Knowledge of finance and organization management
• No conflicts of interest with GCC operations
And may include:
• Experience serving on other non-profit boards or City boards and commissions
• Non-profit management experience
• Specialized knowledge of GCC services and operational requirements
4819-0434-5494, v. 1
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