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CITY COUNCIL 2020/09/08 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA *Tuesday, September 8, 2020 at 6:30 pm REMOTE ACCESS MEETING Please be advised that all of the City Council members will be remotely attending this Council meeting by electronic means, in compliance with the recent amendments to the Open Meetings Act. The Mayor of the City Council has determined that it is not prudent or practical to conduct an in-person meeting due to the COVID-19 pandemic, and that it is not feasible to have the City Council members or members of the public physically present at the meeting due to the pandemic disaster. The City will be providing members of the public with various opportunities to watch or attend this meeting, as well as provide public comment at the meeting. For example, members of the public can participate remotely in the meeting by following the public audience link which will provide both video and audio means to attend the meeting. Public audience link: https://us02web.zoom.us/j/82981525118?pwd=YXVMdU90NGhYanVLV0pBeWdVNFBvZz09 Public Comment: 847-810-3643 Honorable Mayor, George Pandaleon James E. Morris, Alderman First Ward Jim Preschlack, Alderman Third Ward Jennifer Karras, Alderman First Ward Ara Goshgarian, Alderman Third Ward Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL 6:30pm PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Lake Forest Fire Department Retirements, Promotions and Resolutions - Kevin Cronin, Deputy Fire Chief B. COVID 19 Financial Impact Update - Elizabeth Holleb, Finance Director 2. COMMENTS BY CITY MANAGER 1 Tuesday, September 8, 2020 City Council Agenda A.Community Spotlight -Dickinson Hall, Lake Forest -Lake Bluff Senior Center -Tricia Schwall, Manager Dickinson Hall B.Summary of Recent Watermain Breaks -Michael Thomas, Director of Public Works 3.OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL . Members of the public can provide public comment by calling into the following number during the meeting: 847-810-3643 4.COMMITTEE REPORTS 5.ITEMS FOR OMNIBUS VOTE CONSIDERATION 1.Approve the Extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting STAFF CONTACT, Jason Wicha, City Manager PURPOSE AND ACTION REQUESTED: It is requested that the City Council extend the Declaration to the next City Council meeting. BACKGROUND/DISCUSSION: Over the past month, the U.S. Government and the State of Illinois have issued multiple orders declaring a state of emergency over the country and the State of Illinois in order to address the impact from the global pandemic from COVID-19. In order to address the impact this pandemic has had on the City of Lake Forest, Mayor Pandaleon exercised his authority to issue a Declaration of a Local State of Emergency on Saturday, April 4, 2020. At the April 6, 2020 City Council meeting, the City Council extended the Declaration to the next City Council meeting which was August 3, 2020. In order to ensure that the emergency powers authorized by the local declaration remain in effect where necessary, the Mayor is asking the City Council to further extend the Declaration of a Local State of Emergency until the next City Council meeting that takes place after the September 8, 2020. REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 8/3/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 7/20/2020 City Council Approved the Mayors Declaration until the next City Council Meeting 2 Tuesday, September 8, 2020 City Council Agenda City Council 6/15/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 6/1/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 5/18/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 5/4/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 4/20/2020 City Council Approved the Mayors Declaration until the next City Council Meeting City Council 4/6/2020 City Council Approved the Mayors Declaration until the next City Council Meeting 4/4/2020 Mayor Pandaleon exercised his authority to issue a Declaration of a Local State of Emergency BUDGET/FISCAL IMPACT: N/A COUNCIL ACTION: Approve the extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting 2. Approval of the August 3, 2020 City Council Meeting Minutes A copy of the minutes can be found beginning on page 15 COUNCIL ACTION: Approval of the August 3, 2020 City Council Meeting Minutes. 3. Approval of the Check Register for the Period of July 25 – August 28, 2020 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 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. 3 Tuesday, September 8, 2020 City Council Agenda Following is the summary of warrants as recommended by the Finance Committee Chairperson: Included in the “All other Funds” subtotal is $410,624 in medical and dental claim payments in the Self Insurance Fund. COUNCIL ACTION: Approval of the Check Register for the Period of July 25 – August 28, 2020 4. Approval of a Resolution of Appreciation for Retiring Employee Stephen E. Grost A copy of the Resolution can be found on page 21 COUNCIL ACTION: Approval of a Resolution of Appreciation for Retiring Employee Stephen E. Grost 5. Approval of a Resolution of Appreciation for Retiring Employee Paul J. Pugliese A copy of the Resolution can be found on page 22 COUNCIL ACTION: Approval of a Resolution of Appreciation for Retiring Employee Paul J. Pugliese 6. Approve former City Manager’s request for reimbursement of costs incurred in defending against the charges brought by the Lake County States Attorney that were ultimately dismissed in the amount of $14,519.50 STAFF CONTACT: Jason Wicha, City Manager PURPOSE AND ACTION REQUESTED: Approve former City Manager’s request for reimbursement of costs incurred in defending against the charges brought by the Lake County States Attorney that were ultimately dismissed in the amount of $14,519.50. BACKGROUND/DISCUSSION: On September 2, 2020, former City Manager Robert Kiely submitted a letter to the City requesting indemnity coverage under Section 31.019 of the Lake Fund Invoice Payroll Total 101 General 539,024 1,627,363 2,166,387 501 Water & Sewer 108,819 209,649 318,468 220 Parks & Recreation 126,018 519,296 645,315 311 Capital Improvements 1,190,501 0 1,190,501 202 Motor Fuel Tax 1,142,127 0 1,142,127 230 Cemetery 29,889 35,173 65,063 210 Senior Resources 5,092 25,774 30,866 510 Deerpath Golf Course 120,961 2,986 123,947 601 Fleet 120,187 67,444 187,631 416 - 433 Debt Funds 1,000 0 1,000 248 Housing Trust 2,500 0 2,500 201 Park & Public Land 154,773 0 154,773 All other Funds 734,460 175,293 909,754 $4,275,352 $2,662,979 $6,938,331 Check Register for July 25 - August 28, 2020 4 Tuesday, September 8, 2020 City Council Agenda Forest City Code relating to charges brought against him in the Lake County Circuit Court. The reimbursement request is in the amount of $14,519.50, which includes attorneys’ fees and court costs incurred by the former City Manager in defending against the charges. Those charges were dismissed in their entirety by the court on August 25, 2020. Pursuant to Section 31.019 in the City Code, a City employee is entitled to indemnification and defense by the City against any civil, criminal, or administrative claim relating to lawful acts of the employee in the scope of employment. In addition, the City and former City Manager Kiely entered into an employment agreement that governed various terms and conditions of his employment. Section 15 of the Employment Agreement contained an indemnification provision that requires the City to defend and indemnify Mr. Kiely against any claim, demand, or other legal action arising out of an alleged act or omission in the performance of his duties as City Manager. Under both the City Code and the employment agreement, the City has an obligation to indemnify the former City Manager in this matter. Mr. Kiely has the right to be reimbursed by the City for his costs in defending himself now that the charges have been dismissed. The charges against the former City Manager related to actions he took in the exercise of his official duties as City Manager. The attorneys’ fees and court costs that have been submitted to the City for reimbursement are within the scope of eligible expenses for reimbursement under the City Code indemnification provision. The court has dismissed the case entirely. City Staff and the City Attorney have reviewed the request for reimbursement and the supporting documentation and recommend that the City Council approve former City Manager’s request for reimbursement amount of costs incurred in defending against the charges brought by the Lake County States Attorney that were dismissed in the amount of $14,519.50. BUDGET/FISCAL IMPACT: Below is an estimated summary of the expense and funding source: FY2021 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N City Council Contingency $110,000 $14,519.50 Y This non-budgeted expense would be funded from the City Council contingency, the purpose of which is to address unanticipated expenses throughout the year. COUNCIL ACTION: Approve former City Manager’s request for reimbursement of costs incurred in defending against the charges brought by the Lake County States Attorney that were ultimately dismissed in the amount of $14,519.50 7. Ratification of Expenses Related to the Eleven Emergency Water Main Break and Valve Repairs that Occurred August 15th – August 21st, 2020 in the Total Amount of $84,800 STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) 5 Tuesday, September 8, 2020 City Council Agenda PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s ratification of all expenses related to the eleven water main and valve break repairs made from August 15th- August 21st, 2020. These payments represent both underground and asphalt work the City contracted out in response to the multiple breaks that began late morning, August 15, 2020. BACKGROUND/DISCUSSION: On Saturday, August 15th at 11:41 a.m., the City’s water tower dropped in elevation from 33.47’ to 31.60’ in five minutes; this equated to approximately 80,930 gallons. Significant drops in both the water tower’s elevation and pressure throughout town, indicate that a large main break has occurred. Water Plant production was increased and the Booster Station pumps (located across from West Campus) were turned on to combat the significant water loss and pressure drop. At 5:21 p.m., Water & Sewer staff, in an attempt to slow down the water loss, closed a valve on a 20” transmission main on West Laurel Avenue. This 20” water main travels under Rte. 41 and feeds a 12” line that had the broke adjacent to Rte. 41, south of Gage Lane. Upon closing the 20” valve, staff immediately saw East Side Train Station’s pressure jump from 51.6 p.s.i. to 65.0 p.s.i. and the Water Plant finished water flow rate drop from 9.082 mgd (million gallons per day) to 7.555 mgd. Water main systems are not designed to handle immediate and significant changes in pressure, like what occurred when the 20” valve was closed. As a result, water main breaks began to occur throughout the water main system. The following is a list of breaks that occurred during that six day period. Contractors that assisted with the repair are noted with an asterisk (*). 1. 135 N GREEN BAY RD, 8/15/20* 2. 240 E DEERPATH, 8/15/20* 3. 889 N MCKINLEY RD, 8/16/20 (assistance from Village of Lake Bluff) 4. 280 W LAUREL AVE, 8/16/20* 5. RTE. 41 & GAGE LN, 8/16/20* 6. N GREEN BAY RD & ILLINOIS RD, 8/16/20* 7. 44 FARNHAM LN, 8/16/20* 8. 71 S. STONEGATE RD, 8/17/20 9. 1205 EDGEWOOD RD, 8/17/20 – two separate breaks near this location 10. 165 E DEERPATH, 8/17/20 – valve repair 11. 464 S CIRCLE LN, 8/19/20 BUDGET/FISCAL IMPACT: With the City’s Water & Sewer crew operating multiple valves to reduce the flow on the Rte. 41 main break, additional Public Works staff were called in to assist. Additionally, four contractors were called to assist with the multiple main breaks noted* above. The immediate response from these contractors late on a Saturday evening was attributed to the long-standing working relationships the City has had with them for over 20+ years. These contractors and their invoice amounts are as follows: Contractor Amount DiTomasso Excavating $ 7,500 Di Meo Brothers $26,175 DeMuth Inc. $13,175 RJ Underground $ 2,450 Peter Baker & Sons $35,500 TOTAL: $84,800 6 Tuesday, September 8, 2020 City Council Agenda Has competitive pricing been obtained for proposed goods/services? No If no, indicate the specific exception requested: Administrative Directive 3-5, Section 6.1A – Emergency Purchase Below is an estimated summary of the expense and funding source: FY2021 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water Capital Fund $0 $84,800 N This non-budgeted expense would be funded from Water Capital Fund reserves. If necessary, a supplemental budget appropriation will be submitted for City Council approval at the end of the fiscal year. COUNCIL ACTION: Ratification of Expenses Related to the Eleven Emergency Water Main Break and Valve Repairs that Occurred August 15th – August 21st, 2020 in the Total Amount of $84,800. 8. Approval of an Intergovernmental Agreement (IGA) between the City of Lake Forest and the Lake Forest Library related to the Lake County COVID 19 Relief Fund STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) PURPOSE AND ACTION REQUESTED: Staff recommends City Council approval of an Intergovernmental Agreement (IGA) between the City and Lake Forest Library to allow for the Library to participate in the Lake County COVID 19 Relief Fund. Monies received by Lake County pursuant to the Coronavirus Aid, Relief and Economic Security Act (CARES Act) have been allocated to governmental entities through various formulas. The City’s IGA with Lake County to participate in the COVID 19 Relief Fund was approved on August 3, 2020. Approval of the IGA allows the City to participate in the COVID 19 Relief Fund established by the County and receive reimbursement for eligible expenses incurred to address the Coronavirus Pandemic. Lake County elected to allocate funds only to separate Library districts, leaving municipal libraries such as Lake Forest Library without funding options through this program other than to receive a portion of the funds allocated to the City. BACKGROUND/DISCUSSION: The CARES Act was passed by Congress and signed into law on March 27, 2020 in response to the catastrophic public health and economic impacts of the Coronavirus Pandemic. The Act allocated more than $2 trillion in economic relief and allowed for: • direct economic impact payments • assistance for small businesses in the form of the Paycheck Protection Program • preservation of jobs in industries adversely impacted by the spread of COVID-19 • payments to State, Local, and Tribal governments through the Coronavirus Relief Fund (CRF) The CARES Act established a $150 billion Coronavirus Relief Fund to cover expenses that are incurred due to the COVID 19 public health emergency, were unbudgeted as of March 27, 7 Tuesday, September 8, 2020 City Council Agenda 2020, and were incurred between March 1, 2020 and December 31, 2020. The US Department of Treasury has published guidance and FAQs regarding the eligible use of these funds. The CARES Act set forth amounts to be paid to States, the District of Columbia, US Territories and eligible units of local government based on population. Direct allocations of CRF were made to any county or municipality with a population exceeding 500,000. Lake County received a direct allocation of $121.5 million. The Lake County Board formed the F&A Special Committee on COVID-19 Recovery that is charged with making recommendations to the Lake County Board on distribution of the funds. As of August 31, Lake County Forward has allocated $35 million to local governments: The $20 million dedicated to municipalities has been initially allocated based on 2019 population estimates, resulting in allocation of $631,260 to the City of Lake Forest. The Finance Department has coordinated City-wide efforts to compile the required documentation for submittal to Lake County and the City made an initial application prior to the County’s July 31 submittal deadline. Additional submittals may be made until October 15, 2020. To receive funds from Lake County, the City must submit documentation of eligible expenses AND an executed IGA setting forth the obligations of both Lake County and the City in regards to the COVID 19 Relief Fund. With the county electing to allocate funding only to Library districts, Lake Forest Library can only access CRF funding via the City’s submittal on their behalf. It is recommended that the City Council authorize execution of an IGA between the City and Lake Forest Library, which is similar to the IGA between Lake County and the City. This IGA would set forth in part the amount of CRF funding for which the City would submit to Lake County on the library’s behalf. Based on the allocation model used by Lake County for Library districts (2010 population served), the Lake Forest Library would be eligible for reimbursement of eligible expenses up to $62,482 which represents approximately 10% of the City’s allocation. A copy of the draft IGA can be found on page 23 but will be finalized in form acceptable to the City Attorney. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 8/3/20 City’s IGA with Lake County Approved Municipalities, $20.00, 65% FPD, $2.00, 7% Parks, $1.60, 5% Township, $1.60, 5% Schools, $4.00, 13% Library, $1.60, 5% CRF Local Govt Allocations (in millions) 8 Tuesday, September 8, 2020 City Council Agenda BUDGET/FISCAL IMPACT: Based on Lake County’s approved allocation of COVID 19 Relief Funds as of August 31, 2020, the Library would be eligible to receive up to $62,482 (approximately 10%) of the City’s allocation. COUNCIL ACTION: Approval of an Intergovernmental Agreement (IGA) between the City of Lake Forest and the Lake Forest Library related to the Lake County COVID 19 Relief Fund 9. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of licenses available in Class A-2 and G-1 and Amend the language relating to the Class G-2 to modify current hours of operation for intuitions of higher learning. (First reading and if appropriate final approval) STAFF CONTACT: Margaret Boyer, City Clerk, 847-810-3674 PURPOSE AND ACTION REQUESTED: At the direction of the City’s Liquor Commissioner, Staff is requesting consideration of an Ordinance amending the Liquor Code to include one additional Class A-2 License, one additional G-1 License, and amend language relating to the G-2 License hours of operation. BACKGROUND AND DISCUSSION: The Liquor Commissioner received a letter of intent from Wines on the Bluff, LLC located at 296 Market Square, requesting a Class A-2 license. The purpose of this license will be to conduct an online retail wine shop. Activities at 269 Market Square will be limited to packing orders for delivery to consumers, packaging of wine gift baskets, and stocking of inventory for online order fulfillment. There will be no retail showroom. The Liquor Commissioner also received an inquiry from Sodexo at Lake Forest Academy to add a G-1 license to their existing G-2 license along with a request to modify the language in the Code to allow for liquor sales under the G-2 license to begin at 9:00 a.m. instead of 5:00 p.m. The proposed amendment to the G-2 hours of operation is below: Retail sales of alcoholic liquor at a Class G-2 licensed establishment shall only be authorized to operate between the hours of 9:00 a.m. and 12:00 a.m. Sunday through Thursday, and from 9:00 a.m. to 1:00 a.m. on Fridays and Saturdays; 5:00 p.m. and 12:00 a.m. daily, 11:00 p.m. Sunday through Thursday, and from 5:00 p.m. to 1:00 a.m. on Fridays and Saturdays; and Section 111.045 is also being amended to add clarifying language that any liquor licensee must comply with any zoning approvals, such as a special use permit, that govern the licensed premises. The proposed ordinance can be found beginning on page 30. It is important to note that without further action of the City Council, the maximum number of licenses in any class shall be automatically reduced by one upon the expiration, revocation or non-renewal of an existing license in any such license class. As the Council is aware, the issuance of liquor licenses is under the purview of the City’s Liquor Commissioner and the Mayor serves in that role. However, the City Code only authorizes a specific number of liquor licenses and historically, this number coincides with the current number of licenses issued. 9 Tuesday, September 8, 2020 City Council Agenda When new requests for liquor licenses or code changes are submitted, and after review by the Liquor Commissioner and a determination that the Issuance of a license is appropriate, the City Council is asked to consider an amendment to the Liquor Code. BUDGET/FISCAL IMPACT: The fiscal impact of adding an A-2 and a G-2 license will have a positive impact on liquor license revenues. COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of licenses available in Class A-2 and G-1 and Amend the language relating to the Class G-2 to modify current hours of operation for intuitions of higher learning. (First reading and if appropriate final approval) 10. Request Council Approval to Contract with Chicago Communications to Replace Aging Cables and Antennas on the Radio Tower at the Lake Forest Public Safety Building STAFF CONTACT: Pete Siebert, Fire Chief (810-3864) and Elizabeth Holleb, Director of Finance (810-3612) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval to perform needed repairs and updates to the fire department emergency radio system. Some of the equipment and cables need to be replaced, and updated. These repairs will also prolong the life span of the 100’ monopole tower that houses several antennas, and is a critical link in our emergency radio system. BACKGROUND/DISCUSSION: Scope of Work - Chicago Communications will run a new coaxial cable from existing mobile control station in first floor engine bay down to basement equipment room and terminate on wall with other antenna lines. CCS will replace existing polyphasers with new units and mount on basement wall next to conduit. Tower Works will remove (4) existing antennas and associated coaxes from tower to equipment room. They will install (4) replacement antennas and (1) new mobile control station antenna and run new coaxes through existing conduit to existing cabinet mounted next to tower and run coaxes up tower to antenna locations, and tag antenna lines. Tower works will also rerun existing coaxes from alarm company equipment located in basement equipment room through conduit going to cabinet and terminate back on existing antennas. BUDGET/FISCAL IMPACT: The funds for this purchase were not budgeted for FY21 in the Emergency Telephone Fund (JETSB). At this time, there are sufficient funds in the Emergency Telephone Fund (JETSB) that would allow us to complete the work in FY21 if approved. Company Name Dollar Amount 10 Tuesday, September 8, 2020 City Council Agenda Chicago Communications $11,300 Below is an estimated summary of Project budget: FY2021 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Emergency Telephone Fund (JETSB) N/A $11,300 N* * The unbudgeted expense would be funded from Emergency Telephone Fund balance reserves. In necessary, a supplemental appropriation would be submitted for Council approval at the end of the fiscal year. COUNCIL ACTION: Request Council Approval to Contract with Chicago Communications to Replace Aging Cables and Antennas on the Radio Tower at the Lake Forest Public Safety Building 11. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: 1131 Turicum Road – The Building Review Board recommended approval of a new residence on a vacant lot. Public testimony was presented from four neighbors on the siting of the house and the location of the driveway curb cut. In response, the siting of the house and location of the curb cut were both modified to address the concerns raised. (Board vote: 6 - 0, approved) 885 Valley Road – The Building Review Board recommended approval of a new residence on a vacant lot. A letter was received from a neighboring property owner, in response to questions raised, the project engineer explained the proposed grading and drainage and responded to the neighbor’s questions. (Board vote: 7 - 0, approved) 846 Northmoor Road – The Building Review Board recommended approval of a second story addition and various exterior modifications to the home. No public testimony was presented. (Board vote: 6 - 0, approved) 1350 Skokie Hwy – The Building Review Board recommended approval of new signage and awnings for an existing business, Britt Carter & Company. No public testimony was presented. (Board vote: 6 - 0, approved) The Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 35. The Ordinances, complete with all exhibits, are available for review in the Community Development Department. 11 Tuesday, September 8, 2020 City Council Agenda COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinances approving the petitions in accordance with the Building Review Board’s recommendations. 12. Consideration of a Recommendation from the Plan Commission in Support of a Special Use Permit to Authorize a New Real Estate Office, Compass, at 284 E. Deerpath. (If desired by the Council, Waive First Reading and Grant Final Approval of the Ordinance.) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The following recommendation from the Plan Commission is presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: Real Estate Offices are classified as special uses and as such, require review through a public process. A Special Use Permit is requested to allow a new real estate company, Compass, to locate in the Central Business District, on the north side of Deerpath, west of Western Avenue. Compass does not currently have an office in Lake Forest. Several local real estate agents recently aligned with Compass and desire to have a physical presence in the business district, a small office, from which to showcase the community to sellers and buyers. No public testimony was presented to the Commission on this petition and the Commission voted 6 to 0 to recommend approval of the Special Use Permit subject to the conditions as detailed in the Ordinance which is included in the Council packet beginning on page 75. The Commission’s report provides additional information on this petition and is also included in the Council packet beginning on page 80. 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 authorizing Compass Real Estate Office to occupy existing tenant space at 284 E. Deerpath subject to the conditions as detailed in the Ordinance. COUNCIL ACTION: Approval of the twelve (12) omnibus items as presented. 6. ORDINANCES 7. OLD BUSINESS 8. NEW BUSINESS 9. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 10. ADJOURNMENT 12 Tuesday, September 8, 2020 City Council Agenda A copy of the Decision Making Parameters can be found beginning on page 14 of this packet. Office of the City Manager September 2, 2020 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. 13 ^Qtu^^ C^'NA<WA£BT-<^ ^.Scie^^t^wS^'X. §.. ^..,,.e-..^ f-l&ff"^ 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. 14 The City of Lake Forest CITY COUNCIL Proceedings of the Monday, August 3, 2020 City Council Meeting - City Council Chambers REMOTE ACCESS MEETING CALL TO ORDER AND ROLL CALL: Honorable Mayor Pandaleon called the meeting to order at 6:30pm, and the City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Pandaleon, Alderman Morris, Alderman Karras, Alderman Rummel, Alderman Notz, Alderman Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber. Absent: None CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE was recited by all those present. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Pandaleon made the following statement as required by the Open Meetings Act. In accordance with state statute, Mayor Pandaleon has made a determination that it was not practical or prudent to schedule an in-person City Council meeting because of the COVID-19 pandemic, which is why this August 3, 2020 City Council meeting is being held remotely. A. Donation from Friends of Lake Forest Parks & Recreation Foundation of a Fire Rescue Boat -Rick Amos, Friends of Lake Forest Parks & Recreation Foundation -Ara Goshgarian, Alderman Third Ward Mayor Pandaleon introduced Alderman Goshgarian, who summarized a project that the Friends of Lake Forest Parks & Recreation worked on to acquire a Fire Rescue boat for the City of Lake Forest. He stated that they reached out to members of the community as well as corporate partners to receive donations to purchase a new rescue boat. Alderman Goshgarian introduced Rick Amos of Friends of Lake Forest Parks and Recreation. He gave a brief presentation on the project and the current water rescue boat and compared it to the new water rescue boat. He stated they worked to identify the best type of vessel for offshore rescue. He explained that they were able to work with a local company to purchase the boat. The City Council discussed the cost and details about the boat and thanked the residents, companies and Friends of Lake Forest Parks & Recreation Foundation that worked together to donate this to the City. Deputy Fire Chief, Kevin Cronin reported that the new rescue boat would be used with communities that currently have an intergovernmental agreement with The City of Lake Forest. He also explained the training that the City of Lake Forest Fire Fighters would undergo upon receiving the new vessel. B. 2020-2021 Board and Commission Appointments and Reappointments HISTORIC PRESERVATION COMMISSION 15 Proceedings of the Monday, August 3, 2020 Regular City Council Meeting NAME OF MEMBER APPOINT/REAPPOINT WARD Robin Petit Appoint 3 Mayor Pandaleon stated that previous member, Bill Redfield was resigning his positions on the Historic Preservation Commission and that Robin Petit is being appointed to fill the position. COUNCIL ACTION: Approve the Mayors Appointments Alderman Preschlack made a motion to approve the Mayor’s Appointments and Reappointments, seconded by Alderman Weber. The Following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. C. Consideration of a Resolution in Support of Temporary Expanded Outdoor Activity and Events Associated with Not-For-Profit Entities During the Covid-19 Pandemic (Approval by Motion) Mayor Pandaleon introduced Director of Community Development, Cathy Czerniak to make a brief presentation to approve a resolution to give not-for-profit entities more flexibility when planning events. Ms. Czerniak gave a brief overview on the resolution approved in June to work with retail businesses opening during COVID-19. She reported the current resolution would give staff the ability to offer heightened assistance to not-for-profits. This resolution is specifically for events that will take place during phase 4 of the restore Illinois plan. She stated that this would be to help and support not-for -profits planning small scale dispersed events, and to maintain their presence in the community. The City Council had discussion on the specific events that are being planned and how this will affect the not-for-profits in the community. Additionally, the City Council inquired about maintaining the outdoor seating and venues through the fall season. Ms. Czerniak stated that staff was still in discussion on what the City will be able to allow for outdoor seating through the fall and winter months. COUNCIL ACTION: Approval of a Resolution in Support of Temporary Expanded Outdoor Activity And Events Associated with Not-For-Profit Entities During the Covid-19 Pandemic Alderman Rummel made a motion to approve of a Resolution in Support of Temporary Expanded Outdoor Activity and Events Associated with Not-For-Profit Entities During the Covid-19 Pandemic, seconded by Alderman Morris. The Following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. COMMENTS BY CITY MANAGER A. FY2021 Budget in Brief -Elizabeth Holleb, Finance Director City Manager, Jason Wicha introduced Finance Director, Elizabeth Holleb to present the FY2021 Budget in Brief. Ms. Holleb gave a brief background on the use of the Open Gov dashboard and stated it gives a better reporting tool to the public with increased transparency in regards to the City’s finances. The Department opted to use the FY2021 budget in brief in order to develop and modify the look and feel while using the Story Board feature of Open Gov. Ms. Holleb gave a live demonstration of the features as well as the live 16 Proceedings of the Monday, August 3, 2020 Regular City Council Meeting links, she used the FY21 comprehensive fiscal plan to show a budgetary breakdown for specific departments. The City Council discussed their satisfaction with the work provided from the Finance Department, and the ability to present this information in an easy to read way while maintaining transparency with the public. B. Community Spotlight -Gorton Community Center -Amy Wagliardo, Executive Director City Manager, Jason Wicha introduced a video from the Gorton Community Center. The City Council thanked Ms. Wagliardo and her team for the work they have done for the community during COVID-19 and how they have adjusted to still maintain community engagement. Financial impacts were also discussed. C. Community Spotlight -Lake Forest Open Lands -John Sentell, President City Manager, Jason Wicha introduced a video from Lake Forest Open Lands. The City Council expressed their appreciation for Lake Forest Open Lands and wished the organization a successful Bagpipes and Bonfires event. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Members of the public can provide public comment by calling into the following number during the meeting: 847-810-3643 COMMITTEE REPORTS PENSION SUB COMMITTEE A. Approval of a Pension Subcommittee Recommendation to Revise the City’s Pension Funding Policy to Reduce the Interest Rate Assumption from 6.75% to 6.50% for the City’s Police and Fire Pension Plans Alderman Jed Morris summarized the recommendation from the Pension Subcommittee and gave a brief history on how the City have approached pension funding. He then introduced Finance Director, Elizabeth Holleb to give a more in-depth presentation on the reduction of the interest rate, and the impacts it will have on the City. Ms. Holleb compared the previous one-year return reflecting the 6.50% change. She stated that 6 of the comparable communities that use this investment return are within the 6.50% or 6.25% range. The City Council discussed the financial data that is being used from April 30, 2020 and the recent market turnaround to reconsider the reduction being proposed as well as how the lower rate if investment will benefit the Police and Fire pension funds. Alderman Morris stated that the lower investment rate will build a higher rate of return over a longer period of time. Ms. Holleb added that waiting to see how the state takes control of the pension consolidation will offer more data to make a well-informed decision on the City’s contribution to the fund. 17 Proceedings of the Monday, August 3, 2020 Regular City Council Meeting COUNCIL ACTION: Approval of a Pension Subcommittee Recommendation to Revise the City’s Pension Funding Policy to Reduce the Interest Rate Assumption from 6.75% to 6.50% for the City’s Police and Fire Pension Plans Alderman Preschlack made a motion to approve a Pension Subcommittee Recommendation to Revise the City’s Pension Funding Policy to Reduce the Interest Rate Assumption from 6.75% to 6.50% for the City’s Police and Fire Pension Plans, seconded by Alderman Morris. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried. ENVIROMENTAL SUSTAINABILITY COMMITTEE B. Report on a Resolution for Community Solar Clearinghouse Solution Program -Environmental Sustainability Committee Chairman, Alderman Rummel Alderman Rummel gave a brief overview of Municipal sponsored Community Solar. She explained how MIST environment has been working with the committee to identify sustainability initiatives to be implemented in the City. Assistant City Manager, Mike Strong gave an in depth explanation how the community solar works and how it will impact residents in Lake Forest, noting that in 2019, the City was able to part take in the subscriptions for Community Solar to be applied to City accounts. The City Council discussed the direct mail piece and including that a communication to residents in the fall dialogue. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approve the Extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting 2. Approval of the July 20, 2020 City Council Meeting Minutes 3. Approval of the Check Register for the Period of June 27 to July 24, 2020 4. Approval of a Resolution Amending the Authorized Signers for the Golf Course Operating Bank Account 5. Approval of an Intergovernmental Agreement (IGA) with Lake County for the COVID 19 Relief Fund 6. Approval to Renew Agreement for Enterprise Resource Management System Software Maintenance 7. Approval of a Resolution of Appreciation for Retiring Member(s) of Boards and Commissions as follows: BOARD, COMMISSION OR COMMITTEE NAME OF MEMBERS(S) HISTORIC PRESERVATION COMMISSION Bill Redfield 18 Proceedings of the Monday, August 3, 2020 Regular City Council Meeting 8. Acceptance of the Donation of a Fire Rescue Boat from the Friends of Lake Forest Parks and Recreation Foundation 9. Approval of a Resolution Supporting the Community Solar Clearinghouse Solution (CS2) Program 10. Approval to Purchase a Replacement Engine for Refuse Truck #183 to Cummins Re-Con Engines in the Amount of $29,678 11. Award of Proposal in the Amount of $34,922 with a 10% or $3,492.00 Contingency for a total amount of $38,414 to Riddiford Roofing for the Water Treatment Plant Roof Repairs. COUNCIL ACTION: Approval of the eleven (11) Omnibus items as presented Elizabeth Holleb gave a brief presentation on the intergovernmental agreement with Lake County, #5 for omnibus consideration, which describes payments to state, local and tribal governments via the Coronavirus Relief Fund which totaled in a $150 billion package in aid. She stated that this fund is directed toward COVID-19 related expenses and stated how communities with certain populations needed to conduct different process to be allocated these funds. The state has created the local CURE funding, which was allocated to the counties, who will then allocate funding to the municipalities. The City Council had discussion if there were definitions for eligible expenses for reimbursements. Ms. Holleb stated that this process is constantly evolving, however the City is still receiving guidance from the County as things are changing. Alderman Buschmann asked for clarification on omnibus item number ten (10) to see if staff felt the pricing for this was fair, as it did not go out for public bidding. Jim Lockefeer, Public Works Management Analyst, stated that staff felt that this price was deemed to be equitable and fair after putting together a preliminary estimate, their proposal was in line with this price. Mayor Pandaleon asked members of the Council if they would like to remove any other item or take it separately. Seeing none, he asked for a motion. Alderman Rummel made a motion to approve the eleven (11) omnibus items seconded by Alderman Buschmann. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. 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 ADJOURNMENT There being no further business Mayor Pandaleon asked for a motion. Alderman Morris made a motion to adjourn, seconded by Alderman Preschlack. Motion carried unanimously by voice vote at 8:46 pm. 19 Proceedings of the Monday, August 3, 2020 Regular City Council Meeting 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. 20 ^°!,u.^<y NATVRAC£T L^ .SciEl''TIAe4MO^'^, F ,- "^ ^^s^ RESOLUTION WHEREAS, STEPHEN E. GROST has been a dedicated employee of The City of Lake Forest since January 28,1991;and WHEREAS, STEPHEN E. GROST honorably retired from the City on March 17, 2020; and WHEREAS, STEPHEN E. GROST served in the following positions during his dedicated career: Firefighter/Paramedic, Lieutenant, Department Medical Officer, Department Motor Vehicle Officer, Foreign Fire Insurance Board Member, and an early member of the Lake County Specialized Response Teams. In addition, STEPHEN E. GROST received numerous accommodations and letters of gratitude for outstanding service throughout his career. 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 STEPHEN E. GROST for a public service faithfully performed; and BE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyed to STEPHEN, with a copy to be included in the official minutes of the September 8, 2020 meeting of the Lake Forest City Council. George A. Pandaleon, Mayor 21 . ^0£^^.^ NATURA££T ^ .SCIE't»tIAeA MO^'^ p;' .^ .- ^ ^0^-.^Blll'j '^s^v RESOLUTION WHEREAS, PAUL J. PUGLIESE has been a dedicated employee of The City of Lake Forest since July 29,1991; and WHEREAS, PAUL J. PUGLIESE honorably retired from the City on August 11,2020;and WHEREAS, PAUL J. PUGLIESE served in the following positions during his dedicated career: (Firefighter/Paramedic, Lieutenant, member of the Lake County HazMat Team since 1999, Firefighters Pension Board (past Secretary and current President), Foreign Fire Insurance Board Member, Lake Forest Firefighters Association Board, Lake Forest, Public Education, and Medical Training. In addition, PAUL J. PUGLIESE obtained a Bachelor's Degree from Western Illinois University during his career, and received numerous accommodations and letters of gratitude for outstanding service throughout his career. 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 PAUL J. PUGLIESE for a public service faithfully performed; and BE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyed to PAUL, with a copy to be included in the official minutes of the September 8th, 2020 meeting of the Lake Forest City Council. George A. Pandaleon, Mayor 22 DRAFT – for City Council review 9/8/20 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKE FOREST AND LAKE FOREST LIBRARY ASSOCIATED WITH COVID19 RELIEF FUND THIS AGREEMENT is made this day of , 2020, by and between the CITY OF LAKE FOREST (hereinafter referred to as "CITY") and LAKE FOREST LIBRARY (hereinafter referred to as "LIBRARY"). The CITY and the LIBRARY shall hereinafter be referred to jointly as the Parties. RECITALS WHEREAS, the Illinois Constitution and the Intergovernmental Cooperation Act (5 ILCS 220/ et. seq) authorize units of local government, including municipalities, to contract or otherwise associate among themselves in any manner not prohibited by law and to jointly exercise any power, privilege or authority conferred upon them by law; and WHEREAS, Article 7, Section 10 of the Illinois Constitution of 1971 and the Illinois Intergovernmental Cooperation Act 5 ILCS 220/1 et seq. allow units of public entities to enter into intergovernmental agreements in the furtherance of their governmental purposes; and WHEREAS, pursuant to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Lake County received approximately one hundred twenty-two million dollars from the United States Government (“CARES Act Funds”); and WHEREAS, the CARES Act provides for payments to local governments navigating the impact of the COVID-19 outbreak via the Coronavirus Relief Fund; and WHEREAS, the CARES Act provides that payments from the Coronavirus Relief Fund may only be used to cover expenses which: (1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); (2) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the local government; and (3) were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020; and WHEREAS, Lake County was eligible to receive payments under the CARES Act, as it is a unit of local government in excess of 500,000 residents; and WHEREAS, the United States Department of Treasury (“Treasury”) has issued guidelines with regards to the authorized use of funds allocated to local governments under the CARES Act; and WHEREAS, Lake County and the CITY have entered into an Agreement intended to promote the most efficient distribution of financial resources which have been made available to Lake County to benefit the citizens of the County; and 23 DRAFT – for City Council review 9/8/20 WHEREAS, Lake County has allocated CARES Act Funds to Libra ry districts, but not municipal libraries such as the LIBRARY; and WHEREAS, the CITY recognizes that the LIBRARY would not be eligible for CARES Act funding without the CITY submitting to Lake County on behalf of the LIBRARY; and WHEREAS, under the CARES Act, should the Office of the Inspector General determine that the funds were used in a manner contrary to the intent of the Act or contrary to the United States’ Department of Treasury guidelines, the CARES Act provides that the federal government may recoup the improperly spent funds from Lake County; and WHEREAS, Lake County, the CITY, the LIBRARY and its residents, have suffered secondary effects of the coronavirus emergency; and WHEREAS, the CITY, as a jurisdiction eligible for CARES Act funding through Lake County, finds that it is appropriate to use these funds to defray certain costs incurred by the LIBRARY related to the coronavirus emergency; and WHEREAS, pursuant to guidance and interpretations of Treasury, Lake County as recipient of CARES Act funds may distribute a portion of those funds to other responsible entities within the County to assist in distributing CARES Act funds to those most in need of such funds to be administered in compliance with the CARES Act, current and amended Treasury guidance and interpretations; and WHEREAS, the CITY may submit to Lake County and may provide reimbursement to the LIBRARY for eligible reimbursements per the Treasury guidance, both current and as amended; and NOW, THEREFORE, the CITY and LIBRARY hereby agree as follows: Section One (1): Recitals, Definitions and Purpose. 1.0 Recitals Incorporated. The recitals set forth above are incorporated in this Agreement by reference and made a part of this Intergovernmental Agreement (“IGA”). 1.1 Definitions. 1.1.1 “CARES ACT funds” shall refer to funds which have been allocated to Lake County under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) of which Lake County is ultimately responsible for the disposition. 1.1.2 “Forms” shall refer to forms or application documents used to seek reimbursement of coronavirus related expenses under this agreement. 1.1.3 All other words used in this agreement which are not specifically defined shall have their normal and ordinary meaning. 1.2 Purpose. The purpose of this Agreement is to establish a contractual relationship between the CITY and LIBRARY with regards to the proposed reimbursement of LIBRARY expenses, submitted by the CITY on behalf of the LIBRARY, associated with the coronavirus emergency from federal CARES ACT funds which the United States Federal Government has 24 DRAFT – for City Council review 9/8/20 disbursed to Lake County. Lake County, by resolution, created the Lake County Local Government COVID-19 Reimbursement program. This agreement shall remain in effect between the parties to govern the form of applications for reimbursement, the review of applications, the criteria for reimbursable expenses, the retention of documents, and other material terms governing the processing of reimbursement applications as outlined in the guidelines provided by Lake County. Section Two (2): CITY Responsibilities 2.0 Generally. The CITY, by and through its Finance Department, agrees to submit to the County eligible requests for reimbursement of CARES Act funding submitted to the CITY by the LIBRARY subject to the requirements set forth herein. 2.1 Submittal does not guarantee approval. The CITY, by receiving and submitting the reimbursement requests of LIBRARY, does not guarantee approval of the reimbursement requests by Lake County, the United States Department of Treasury, or the Office of the Inspector General. 2.2 No further obligations. The CITY shall have no further obligations under this IGA other than those expressly set forth. Section Three (3): LIBRARY Responsibilities 3.0 Generally. In order to submit requests for reimbursement of coronavirus emergency related expenditures pursuant to this Agreement, LIBRARY agrees to submit the forms, certifications and documentation as may be required by Lake County for any expense for which LIBRARY seeks reimbursement under this Agreement. LIBRARY agrees that the sole and exclusive decision as to whether or not LIBRARY’s request is granted lies within the discretion of Lake County, and that submission of expenses for reimbursement does not obligate Lake County to agree to reimburse those expenses. LIBRARY acknowledges that the CITY, through its Finance Department, may disallow submittal to Lake County for expenses which, in the discretion of the Finance Director, are not permitted uses for CARES ACT funds. The parties also agree that expenses that may be otherwise eligible for reimbursement may be rejected by Lake County in its sole discretion and that Lake County is under no obligation to approve any particular reimbursement request, and that reimbursement is also subject to the availability of funds. Section Four (4): Form of Expense Submittals, Certification, Failure to Use Form or Comply with Criteria 4.0 Generally. The Parties agree that expenses for which LIBRARY seeks reimbursement shall be submitted upon the forms and in the manner as may be required by Lake County. The Parties agree to utilize these forms exclusively in seeking reimbursement of expenses related to the coronavirus emergency. 25 DRAFT – for City Council review 9/8/20 4.1 Certification. By entering into this IGA, the Board of Trustees, Director or other authorized official of the LIBRARY certifies that the expenses for which LIBRARY seeks reimbursement: (i) are necessary expenditures incurred due to the public health emergency with response to the Coronavirus Disease 2019, (ii) were not accounted for in the most recently approved budget of the LIBRARY, as of March 27, 2020, (iii) were incurred during the period between March 1, 2020 and December 30, 2020, and (iv) meet the criteria set forth in the United States Department of Treasury guidelines and interpretations, both current and as they may be amended and supplemented in the future. 4.2 Failure to use form or attach certification. The failure by LIBRARY to use the required forms or to accompany each and every reimbursement request with a completed certification, shall lead to the summary rejection of that submittal by the CITY. 4.3 Failure to comply with Department of Treasury Guidelines and Interpretations. LIBRARY acknowledges that Lake County has reserved the right to reject any reimbursement which it determines, in its sole and exclusive discretion, does not meet the criteria of the CARES ACT or United States Department of Treasury guidelines and interpretations, both current and as may be amended and supplemented in the future, associated with disbursement of funds under the CARES ACT. 4.4 LIBRARY shall not submit for reimbursement any expense which the LIBRARY has submitted or will submit to any other entity, whether public or private, for reimbursement. Should LIBRARY at any time receive reimbursement for any expense for which the LIBRARY has already been reimbursed pursuant to this Agreement, the LIBRARY shall within 14 days or at the next scheduled meeting of its Board occurring thereafter authorize and refund that reimbursement to the CITY for submittal to Lake County. Section Five (5): Reimbursement Guidelines 5.0 Reimbursement Guidelines will be provided to LIBRARY that will include details specific to maximum reimbursement funding and allocation method, allowable expenses, required documentation and format of submittal, submission deadlines, reporting requirements, compliance audit information, and records retention, among other guidance. The reimbursement guidelines may be updated based on additional information received by Lake County or if additional funding is allocated. Section Six (6): Cooperation 6.0 CITY agrees to cooperate with the LIBRARY in submitting requests for reimbursement, including providing sample forms. 6.1 LIBRARY agrees to abide by the terms of the CARES Act and all United States Department of Treasury guidelines and interpretations, both current and as may be amended and supplemented in the future. 6.2 LIBRARY shall, at the CITY’s request, supply CITY with all relevant information for the CITY to evaluate whether a request for reimbursement meets the criteria under the CARES 26 DRAFT – for City Council review 9/8/20 Act and United States Department of Treasury guidelines, both current and as may be amended and supplemented in the future. Section Seven (7): Records 7.0 LIBRARY shall maintain all records relating to the expenses which CITY seeks to have reimbursed by Lake County from CARES Act funds for a period of at least ten (10) years or the period of time required by other state or federal law, whichever is longer. 7.1 At any time, the CITY may request that the LIBRARY provide records relating to the expenses which LIBRARY seeks to have reimbursed. LIBRARY agrees to provide records within 14 days of CITY request. 7.2 Failure to provide records may result in the denial of the reimbursement request. In circumstances where the reimbursement request has been granted and the records are needed to justify the reimbursement to the Office of the Inspector General or any other office, official, or department which may later become responsible for auditing disbursements of CARES Act funds, failure by LIBRARY to provide these records, for any reason including the prior destruction of these records, shall constitute a breach of this Agreement. The sole and exclusive remedy for such a breach is that LIBRARY shall be responsible for repayment of any disbursement which the Office of Inspector General, or its successor, finds improper, unsupported, or unable to be verified within the time limit set by the Office of Inspector General. The LIBRARY shall make said repayment on or before the CITY is required to reimburse Lake County and/or the federal government for such improper, unsupported, or unverified expense. Additionally, LIBRARY agrees to indemnify the CITY or make the CITY whole for any penalty assessed against the CIT Y based upon LIBRARY’s failure to retain or provide records. Section Eight (8): Timeliness 8.0 The Parties agree that time is of the essence in the processing of applications for reimbursement. The CITY shall use all reasonable speed and diligence in the processing of applications for submittal to Lake County. 8.1 The Parties agree that time is of the essence in communications seeking supporting documents or requesting records under this agreement. The Parties agree that they shall use all reasonable speed and diligence in responding to requests for records or supporting documents. Section Nine (9): Indemnity 9.0 The Parties agree that where the CITY may rely upon the certification of the LIBRARY that such expenses which LIBRARY sought to have reimbursed from CARES Act funds met the minimum requirements of the CARES Act, and where the Office of the Inspector General, or any other person, official, or department which is charged with the auditing and review of expenditures of CARES Act funds determines that such reimbursement was not permitted under the CARES Act, LIBRARY agrees to indemnify, reimburse and make whole the CITY for any funds which the United States Government or its agencies seeks to recoup or 27 DRAFT – for City Council review 9/8/20 collect, either by litigation, or by withholding other federal funds owed to the C ITY. LIBRARY further agrees to indemnify, reimburse, or make whole the C ITY for any penalties associated with the federal government seeking to recoup the expended CARES Act funds which Lake County disbursed to CITY related to LIBRARY expenses including interest, attorney fees or any penalty provided by law. Additionally, LIBRARY agrees to indemnify the CITY or make the CITY whole for any penalty assessed against the CITY based upon LIBRARY’s duplication of reimbursements as provided in Article 4.4 above. LIBRARY also agrees to indemnify the CITY for any other loss or damage due to LIBRARY’s violation of this IGA. 9.1 LIBRARY agrees to hold CITY harmless for any recommendation which the CITY provided to LIBRARY as to whether a requested reimbursement is a permissible use of the CARES Act funds. Section Ten (10): Term and Termination 10.0 Term. This Agreement shall remain in effect until December 30, 2020 unless earlier terminated by either party providing written notice of termination to the other. Such notice shall be effective 14 days after receipt of the termination. 10.1 Survival of Terms. Those terms relating to the party’s obligation to maintain records and provide records, and the LIBRARY’s indemnification of the CITY shall survive the termination of this Agreement. Section Eleven (11): General Terms and Conditions 11.0 Amendment. Any revision to this Agreement shall be made by written amendment to this Agreement. This Agreement, including exhibits attached hereto and incorporated herein by reference, represents the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior communications, agreements, and understandings relating thereto. 11.1 Assignment. The performance covered by this Agreement shall not be assigned or delegated without the prior written consent of the CITY. 28 DRAFT – for City Council review 9/8/20 11.2 Conflict of Interest. No officer, employee, elected or appointed officials of the CITY or the LIBRARY (and no one with whom they have family or business ties) shall obtain any personal or financial benefit of the funds to be administered herein. 11.3 Notices. Any notice under this IGA shall be sent by email to the following individuals at the indicated email addresses: To the CITY: Elizabeth Holleb, City Finance Director, City of Lake Forest at hollebe@cityoflakeforest.com. To the LIBRARY: _____________________________________ Name, Title, Lake Forest Library at EMAIL IN WITNESS WHEREOF, the CITY and the LIBRARY have executed this Agreement as of the date first above written. CITY OF LAKE FOREST LAKE FOREST LIBRARY ____________________________________ __________________________________ Jason Wicha, City Manager Name, Title ATTEST: ATTEST: ____________________________________ __________________________________ Margaret Boyer, City Clerk Name, Title 29 THE CITY OF LAKE FOREST ORDINANCE NO. 2020-____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE REGARDING THE CLASS A-2, G-1 AND G-2 LIQUOR LICENSES Adopted by the City Council of the City of Lake Forest this day of 2020 Published in pamphlet form by direction and authority of The City of Lake Forest Lake County, Illinois this day of 2020 30 THE CITY OF LAKE FOREST ORDINANCE NO. 2020 -_____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE REGARDING THE CLASS A-2, G-1 AND G-2 LIQUOR LICENSES WHEREAS, the City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, the City has adopted certain alcoholic beverage regulations designed to protect the health, safety and welfare, which regulations are codified in Chapter 111 of the City Code of Lake Forest, 2013 (“Liquor Code”); WHEREAS, The City of Lake Forest desires to amend its Liquor Code to amend the hours of operation for Class G-1 and G-2 Licenses, and to increase the number of liquor licenses in the A-2 and G-1 categories to accommodate applications filed by local businesses. NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lake Forest, County of Lake, and State of Illinois, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Amendment to Section 111.036. Section 111.036 of the City Code, entitled “Local Liquor Licenses and Fees,” is amended as follows (deletions in strikethrough and additions in bold and underline): “§111.036 LOCAL LIQUOR LICENSES AND FEES. (A) General. Every person engaged in the retail sale of alcoholic liquor in the city shall pay an annual license fee. Such license fees shall be established by the City Council by separate ordinance, which may be amended from time to time, and are hereby incorporated into this section as if fully set forth herein. Such licenses shall be divided into classes, which classes shall be as follows: * * * 31 (19) Class G-2 license, which shall authorize the retail sale of beer and wine in single servings by institutions of higher learning at designated locations upon the grounds of such institutions and accessible only to the faculty, staff, alumni and students, and pre-registered visitors of such institution of higher learning, and their families and guests, all of whom must be at least 21 years of age for consumption on the licensed premises; limiting the consumption of beer and wine to indoors on the premises provided that: (a) Retail sales of alcoholic liquor at a Class G-2 licensed establishment shall only be authorized to operate between the hours of 9:00 a.m. and 12:00 a.m. Sunday through Thursday, and from 9:00 a.m. to 1:00 a.m. on Fridays and Saturdays; 5:00 p.m. and 12:00 a.m. daily, 11:00 p.m. Sunday through Thursday, and from 5:00 p.m. to 1:00 a.m. on Fridays and Saturdays; and (b) The license application shall include a detailed plan of the monitoring and security measures, for ensuring that the licensed premises shall be limited to the persons to whom access is limited.” SECTION THREE: Amendment to Section 111.037. Section 111.037 of the City Code, entitled “Number of Licenses,” is amended as follows (deletions in strikethrough and additions in bold and underline): “§111.037 NUMBER OF LICENSES. (A) The number of liquor licenses issued by the city shall be limited as follows: Class Maximum Number of Licenses Authorized A-1 7 A-2 45 A-3 No more than the total number of Class A-1 licenses issued by the city A-4 0 B-1 1 C-1 7 C-2 9 C-3 12 C-4 1 D-1 5 E-1 2 32 F-1 1 F-2 As many as determined reasonable by the Commissioner F-3 As many as determined reasonable by the Commissioner F-4 As many as determined reasonable by the Commissioner F-5 1 F-6 3 G-1 12 G-2 2 H-1 0 H-2 1 I-1 No more than the total number of Class B-1, C-1, C-2, C-3, D-1, E-1 and F-1 licenses issued by the city I-2 1 I-3 As many as determined reasonable by the Commissioner J 1 K 1 (B) Without further action of the City Council, the maximum number of licenses in any class shall be automatically reduced by one upon the expiration, revocation or non-renewal of an existing license in any such license class.” SECTION FOUR: Amendment to Section 111.045. Section 111.045 of the City Code, entitled “Conditions for Issuance, Maintenance, and Renewal of Local Liquor License,” is amended as follows (deletions in strikethrough and additions in bold and underline): “§111.045 CONDITIONS FOR ISSUANCE, MAINTENANCE AND RENEWAL OF LOCAL LIQUOR LICENSE (A) State license required. All local liquor licenses shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a state liquor license. No local liquor license shall authorize the retail sale of any alcoholic liquor until proof of acquisition of such state liquor license is furnished to the Commissioner. If any state liquor license sought or held by a licensee is refused, suspended or revoked, then such licensee shall be deemed in violation of this chapter and such licensee’s local liquor license shall be subject to revocation. * * * 33 (H) Compliance with Zoning Approvals. All licensees must comply with the provisions of any applicable zoning approval for the licensed premises, including, but not limited to, a special use permit.” SECTION FIVE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2020. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2020. _____________________________ Mayor ATTEST: _______________________________ City Clerk 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84