CITY COUNCIL 02/21/2012THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Tuesday, February 21, 2012 7:30 p.m.
City Hall Council Chambers
CALL TO ORDER AND ROLL CALL
Honorable James J. Cowhey, Jr., Mayor
Kent Novit, Alderman First Ward Thomas Morsch, Jr., Alderman Third Ward
Catherine Waldeck, Alderman First Ward Donald Schoenheider, Alderman Third Ward
David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
Conduct a Public Hearing to Consider a Proposed Plan of Operation and Governance
for the City's Residential and Small Commercial Retail Electricity Aggregation Program
REPORTS OF CITY OFFICERS 7:30 p.m.
1. Comments by Mayor
2. Comments by City Manager
3. Comments by Council Members
A. Public Works Committee – Alderman Novit
1. Request for City Council to Waive the Bidding Process to Purchase
Replacement Water Plant Membrane Filters
PRESENTED BY MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS
PURPOSE AND ACTION REQUESTED: Primarily throughout the winter months, water plant staff
repair and account for the broken fibers on each of the 192 modules. Thirty-six modules have
reached the point where they need to be replaced. Dollars have been budgeted in the F.Y.
2013 Capital Improvement Plan for this purchase. The modules are built in Toulouse, France and
take approximately four months to produce and ship to Lake Forest. Beginning this year, the
City was informed that there is no longer a U.S. vendor and that the modules would be
purchased directly from AquaSource; this has resulted in an overall 37% savings in module
pricing as compared to last fiscal year. Information beginning on page 7.
Since no other membrane module will work with the City’s system, staff is requesting that the
bidding process be waived and an order be placed to purchase thirty-six AquaSource units.
This evening’s approval would allow for the modules to be delivered and installed in late June.
BACKGROUND/DISCUSSION: In April, 2004 The City of Lake Forest placed into service its new
Ultra-Filtration Membrane Water Plant. Due to a manufacturing defect all 192 modules were
replaced in the summer, 2006. The modules have a one year manufacturer warranty and are
estimated to have a life expectancy of seven to ten years. Eight modules were replaced in
October, 2009, twenty in July, 2010, and twenty-four in June, 2011.
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February 21, 2012 Agenda
Every eight hours one of the eight skids performs an air integrity test to determine if there are any
broken fibers. Each module contains 35,000 fibers and the manufacturer recommends the
module be replaced when 300 fibers have been repaired.
BUDGET/FISCAL IMPACT: Staff has budgeted for the replacement of modules each fiscal
year. The recent installation of the low-lift side arm pumps has so far been successful in
reducing fiber breaks in each of the modules. However the modules will continue to
need to be replaced since they each have a number of existing fiber breaks (breaks that
occurred before the new low-lift side arm pumps). The total cost per module to include
packaging, insurance, and freight has decreased by 37% over last year’s purchase.
FY2011
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
Water 508-0001-434-6749 $360,000 $323,010 Y
RECOMMENDED ACTION: Staff requests that City Council waive the bidding process and
award the purchase of thirty-six replacement membrane modules to AquaSource in the
amount of $323,010. This is $36,990 under the budgeted amount of $360,000.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION 7:45 p.m.
1. Approval of Adding Additional Cab Business License
At the September 6, 2011, Committee of the Whole meeting, a discussion was held on
cab and cab driver licensing. Chapter 43 of the City Code, Vehicles for Hire, addresses
the requirements of each licensed cab and driver. The Police Department completes the
required inspections of the vehicles and meters and also licenses the drivers.
An additional cab company has requested a license from the City Council to operate in
The City of Lake Forest. The Police Department has recommended the City Council grant
a license to Lake Forest Taxi.
The company is based out of Island Lake Illinois and is owned by the 3 individuals
beginning on page 18. All the necessary paperwork and documents have been
provided to the Deputy City Clerk for the licensing. The Police Department has
completed a background check of the company and owners; we find no reason for the
City Council to not grant the license at this time.
2. Approval of a resolution for City employees to perform work, in lieu of surety
bond, on State right-of-way including emergency work.
PURPOSE AND ACTION REQUESTED: Resolution to perform permit work on State right-of-
way in lieu of surety bond including emergency repair work on water main, lighting,
sewers, and other City owned and maintained infrastructure.
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February 21, 2012 Agenda
BACKGROUND/DISCUSSION: Similar to City requiring a permit to work within its limits, the
State requires a permit to work within its jurisdictions. City own and maintain public
infrastructure within State’s right-of-way including along Rt. 43, Rt. 60, and Rt. 41. State
requires City to obtain a permit for any routine maintenance or improvement within its
right-of-way. During emergencies such as water main breaks or sewer repairs or pothole
repairs it is not practical to obtain a permit and subsequent surety bond prior to
addressing the necessary repair in an expedited manor. In these instances State allows
City crews to continue work within its right-of-way provided a resolution stating
compliance with State standards are to be met during construction is approved.
Typically these resolutions are done on an annual basis but in order to maximize
efficiency and reduce paperwork burden, State is requesting the resolution be enacted
for two years. See attached IDOT cover letter sent to the Mayor and a copy of the
resolution starting on page 20.
3. Approval of the February 6, 2012 City Council meeting minutes
Copy of February 6, 2012 minutes beginning on page 23.
Recommended Action: Approval of items as presented.
ORDINANCES 7:50 p.m.
1. Consideration of a Recommendation from the Plan Commission in
Support of Adoption of an Updated City of Lake Forest Official Zoning Map.
(First Reading, and if desired by the City Council, Final Approval)
PRESENTED BY CATHERINE CZERNIAK,
DIRECTOR OF COMMUNITY DEVELOPMENT
Periodically, the City adopts an update to the City’s Zoning Map. The City of Lake Forest
Official Zoning Map was last approved in March, 2009. The update as unanimously
recommended by the Plan Commission incorporates all zone changes that have
occurred since the 2009 approval. Given the built out nature of the City of Lake Forest,
the City sees a very limited number of zone changes. The Official Zoning Map presented
for approval includes the following update:
• Elawa Park (City Owned Property) – zone change from R5, Residential, to OA,
Open Area (approved May 2010)
The rezoning action listed above is the only zone change approved by the City since the
last update. Importantly, the Official Zoning Map update incorporates changes that
have already been acted on and approved by the City Council. No new zone changes
are approved as part of the map update now before the Council. The ordinance
approving the updated map is included in the packet beginning on page 28. A copy of
the zoning map will be provided at the City Council’s places at the meeting.
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February 21, 2012 Agenda
Recommended Action: Waive first reading and grant final approval of an ordinance
approving the Official Zoning Map, 2012.
2. Consideration of an Ordinance Amending the Special Use Permit for
Woodlands Academy of the Sacred Heart to Allow Expansion of the
Campus Boundaries to Incorporate the 23-acre Barat Parcel into the
Woodlands Academy Campus. (Final Approval)
PRESENTED BY CATHERINE CZERNIAK,
DIRECTOR OF COMMUNITY DEVELOPMENT
On February 7, 2012, the City Council approved first reading of an Ordinance amending
the Special Use Permit for Woodlands Academy to allow expansion of the campus to
include the 23-acre Barat property. No approvals for redevelopment of the 23-acre
parcel are granted as part of this Ordinance.
On December 14, 2011, the Plan Commission held a public hearing to consider this
request and after a presentation from representatives of Woodlands Academy and after
hearing public testimony, the Commission recommended approval of the amendment to
the Special Use Permit authorizing the consolidation of the two campuses subject to a
number of conditions of approval.
At the February 7th meeting, the City Council identified three issues for further review; 1)
the time frame for commencing with the demolition of Old Main 2) the adequacy of
security to be held by the City for the demolition of Old Main and 3) the incorporation of
a reference to the City’s affordable housing policy.
Granting final approval of the Ordinance amending the Special Use Permit allowing the
combination the two campuses into a single campus is consistent with the City Council’s
previous action and direction in support of the ultimate demolition of Old Main and
expansion of Woodlands Academy on to the Barat property. If this Special Use Permit is
approved, Woodland’s Academy will undertake the development of a master plan for
the property. The master plan will require review and approval by the City consistent with
standard processes.
At the time of packet assembly modifications by Counsel were still being made to the
Ordinance and a completed Ordinance will be sent under a different cover.
Recommended Action: Grant final approval of an Ordinance amending the Woodlands
Academy Special Use Permit authorizing the incorporation of the 23-acre Barat parcel
into the Woodlands Academy Campus.
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February 21, 2012 Agenda
2. Consideration of an Ordinance Regarding the Use of Wireless Telephones
and Electronic Devices While Driving (First Reading)
PRESENTED BY JOSEPH BUERGER, CHIEF OF POLICE
PURPOSE AND ACTION REQUESTED: Staff recommends consideration and action by the
City Council relating to a ban on the use of cell phones and other electronic devices
while operating a motor vehicle within the limits of the City; unless the operator is using a
hands-free device.
BACKGROUND/DISCUSSION: The Legal Committee first discussed the concept of an
ordinance related to restricting the use of electronics while driving at their October 26,
2011 meeting. Following a briefing from Alderman Palmer at the December 5, 2011
Committee of the Whole meeting on the Legal Committee’s discussion and
recommendation, the City Council directed staff to further review the matter and bring
forward options at the January 3 City Council meeting. At the January 3 meeting, the
consensus was to table this matter until the February 6 Council meeting when the entire
City Council would be present for the discussion. At the February 6 meeting, staff
provided a report indicating that the Illinois State Legislature had introduced a bill that
would apply restrictions similar to what Lake Forest was contemplating, on a state-wide
basis. After some discussion the Council directed staff to place an ordinance for
consideration on the February 21 agenda.
Potential Options for Consideration:
1) Do not pass a new Ordinance and continue to enforce current Illinois laws regarding
distracted driving. The City Council could elect to not enact any new ordinances
relating to the use of cellphones and other electronic devices and continue to operate
under current Illinois law. Current law does restrict the use of such devices in school zones
and construction areas. If the Council was to favor this option, the staff would
recommend that we take the following steps.
a) Formally recommend to our respective State Representatives that the State
move forward with legislation to create a state-wide ban on the use of such devices (not
just in school or construction zones).
b) Direct staff to prepare a formal public education program to inform the
community on current state law and the dangers of distracted driving.
2) Adopt an Ordinance regarding the use of wireless telephones and electronic devices
while driving “Hands Free Ordinance”. The City Council could adopt an ordinance
which substantially mirrors the legislation enacted by other area municipalities (Highland
Park , Deerfield) and/or the legislation under consideration by the State. A draft
ordinance is attached beginning on page 29. Two matters of consideration associated
with this option are the schedule of implementation and enforcement.
a) Schedule of Implementation – The City Council has the option of moving
forward with the adoption of the ordinance with the stipulation that it does not go into
effect until some future date (ie: January 1, 2013). This enables sufficient time for city staff
to publicize the new legislation and permit time for drivers to change cell phone use
behaviors. The Council could also pass first reading of the Ordinance and table second
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February 21, 2012 Agenda
and final reading until some predetermined date (ie: July 1, 2012). This would provide
Lake Forest time to determine what, if any action the State is planning to take on this
subject and assure that our regulations are consistent with State law.
b) Enforcement – The matter of enforcement by the Lake Forest Police
Department would be similar and consistent with enforcement of the Seat Belt Law. Our
intent would not be to aggressively “seek-out” drivers violating the ordinance but rather
to piggy-back its application with another violation that may have occurred. For
example, speeding while on the cell phone.
Even if the State were to enact a statewide ban on the use of wireless telephones
and other electronic devices while driving, staff would still recommend that the City
enact its own companion ordinance. This allows police officers to write tickets that bring
individuals before the Administrative Hearing Officer and results in a higher percentage of
the ticket revenue to stay in Lake Forest.
Staff would also recommend that a formal public education program be
implemented under this option as well.
3) Adopt a Distracted Driving Ordinance As previously discussed by the City Council, this
proposed ordinance is considerably more encompassing than Option 2. A draft
ordinance is attached beginning on page 32. The same issues and recommendations set
forth in Option 2 apply in this option as well.
RECOMMENDED ACTION: If appropriate and should the City Council desire, approval of
first reading of a Hands Free Ordinance along with stipulation on the schedule for
implementation.
NEW BUSINESS 8:30p.m.
1. Open Meetings Act Training Update
PRESENTED BY VICTOR FILIPPINI, CITY ATTORNEY
Information beginning on page 35.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 8:45 p.m.
Office of the City Manager
February 17, 2012
The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of
1990. Individuals with disabilities who plan to attend this meeting and who require certain
accommodations in order to allow them to observe and/or participate in this meeting, or who have
questions regarding the accessibility of the meeting or the facilities, are required to contact City
Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable
accommodations for those persons.
6
Membrane Modules Michael Thomas, Director of Public Works
February 21, 2011
7
Ultrafiltration Membrane Modules
•Ultrafiltration: “Low-pressure physical removal
process in which solids are separated from the
water as it is forced through a membrane
containing pores 10,000 times smaller than
those of human skin”
8
Cut-Off Valve of Ultrafiltration
Long, hollow fiber whose walls act as a
filter and remove or “cut off” all
particles greater than 0.01 micron in size 9
The City of Lake Forest Water Treatment Plant
•8 skids with 24 modules = 192 total modules
•Modules are made by AquaSource in
Toulouse, France
•Original modules placed into service on
April 27, 2004
•After failure of the module’s potting material,
all 192 modules were replaced in 2006
10
Module Replacement/ Shelf Life •Modules have a 36-month shelf life if stored
between 34°F - 59°F
•Approximately 4 months
to produce/ship
•Modules replaced
after 1% of the
35,000 fibers
have broke
0
5
10
15
20
25
2007 2009 2010 2011
Modules Replaced
11
Module Pricing
Year Price per Module
2009 $15,844
2010 $13,464
2011 $14,145
2012 $ 8,973
*Price includes air freight from Toulouse, France
*Price is dependent on current exchange rate
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Module Life Expectancy/ Meeting with AquaSource
•Life expectancy: 7 – 10 years (average)
•December 14, 2009: met with AquaSource
President and American representative
•Detailed storage instructions
•Shelf life for the modules in storage
•Packing requirements
•Explanation for the 2006/2009 manufacturing dates of
the latest order
•Potting technology for the next modules
•Pricing for module replacement and other plants with
such modules 13
Steps Taken to Extend Module Life
•Met with design engineer on April 19 & 20, 2010
•Purpose was to assess the overall operation of
the membrane skid/extending module life
•Conclusions:
•Affirmed backwash modification reduced air-in system
•Increase citric acid washes from 1 to 2-4 times/year to
reduces the total iron from use of ferric sulfate
•Install side-arm lowlift pump to eliminate plant shut-
downs in low demand months; this reduces air in the
system
•Correct pressures measured by the skid sensors in the
PLC program 14
Steps Taken to Extend Module Life Continued
•January, 2010: Plant staff replaced backwash
pumps with variable speed pumps
•February, 2010: Plant staff installed air release
valves throughout the piping system to release
trapped air
•March, 2011: Two, 3-MGD side arm lowlift
pumps installed to reduce plant shut-downs
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Current Module Status
•36 modules have more than 300+ fiber breaks
•19 modules have 180 – 299 fiber breaks
No. of Modules Age
138 5 years, 3 months
2 4 years
8 2 years
20 1 year, 3 months
24 6 months
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Future Module Purchases
•Staff will assess the total number needed every
November and budget in C.I.P.
•Staff will continue to purchase modules each
January/February
•Staff will request FY13 purchase in February for a
June 2012 delivery
17
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RESOLUTION
2012-07
Whereas, the City of Lake Forest, hereinafter referred to as MUNICIPALITY, located in the
County of Lake, State of Illinois, desires to undertake, in the years 2012 and
2013, the location, construction, operation and maintenance of driveways and street
returns, watermain, sanitary and storm sewers, street light, traffic signals, sidewalk,
landscaping, etc., on State highways, within said MUNICIPALITY, which by law and/or
agreement come under the jurisdiction and control of the Department of Transportation
of the State of Illinois hereinafter referred to as Department, and,
Whereas, an individual working permit must be obtained from the Department prior to any of
the aforesaid installations being constructed either by the MUNICIPALITY or by a private
person of firm under contract and supervision of the MUNICIPALITY.
NOW, THEREFORE, be it resolved by the MUNICIPALITY:
FIRST: That MUNICIPALITY hereby pledges its good faith and guarantees that all work shall
be performed in accordance with conditions of the permit to be granted by the Department, and
to hold State of Illinois harmless during the prosecution of such work, and assume all liability
for damages to person or property due to accidents or otherwise by reason of the work which it
to be performed under the provision of said permit.
SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and
authorized to sign said working permit on behalf of the MUNICIPALITY.
I, ., hereby certify the above to be true copy of the Resolution passed
by the Lake Forest City Council this 21st day of February, 2012 A.D.
____________________________
Deputy City Clerk Mayor
Corporate Seal
22
The City of Lake Forest
CITY COUNCIL
Proceedings of the February 6, 2012 Regular Meeting
7:30 p.m. – City Hall Council Chambers
CALL TO ORDER AND ROLL CALL: Mayor Cowhey called the meeting to order at 7:30 p.m.
Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Waldeck,
Moore, Pandaleon, Morsch, Schoenheider, Palmer, Adelman. Absent: None. Quorum present.
There were approximately 15+ present in the audience.
Also present were: Robert Kiely, City Manager; Vic Filippini, City Attorney; Marlo Del Percio, City
Attorney; Catherine Czerniak, Director of Community Development; Ramesh Kanapareddy,
City Engineer; ; Carina Walters, Assistant City Manager; Michael Thomas, Director of Public
Works; Cathryn Buerger, Deputy City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
Reports of City Officers
1. Comments by Mayor
A. Mayor For A Day: Country Day student Elizabeth Gunton participated in the
Mayor for a Day program. Miss Gunton received a tour of city buildings and
participated in the City Council meeting.
B. Resolution of Sympathy for Patricia Waldeck: Mayor Cowhey read the Resolution
of Sympathy and presented it to Mr. Frank Waldeck and family. Alderman Palmer
moved, seconded by Alderman Waldeck to approve the Resolution. Motion
carried unanimously by voice vote.
C. Swearing in of Fire Fighter/Paramedic Christopher Roberts: Mayor Cowhey gave
the oath to new fire employee, Christopher Roberts with his family in attendance.
2. Comments by City Manager
A. Northwest Municipal Conference 2012 Legislative Program and Resolution
City Manager Kiely gave an overview of the Legislative Program and presented a
Resolution of Support for the 2012 Legislative Program to Council. Alderman
Palmer moved, seconded by Alderman Pandaleon to approve the Resolution.
Motion carried unanimously by voice vote.
B. Local Hands Free Ordinance Update: City Manager Kiely briefed the Council
regarding the State of Illinois and pending legislation. The State of Illinois is looking
at legislation that would consist of a state wide ban on cell phone use while
driving. A lengthy discussion was held among the City Council regarding the
City’s position and it’s Ordinance. Some Aldermen stated the Council should wait
to see what the State does and follow suit and other Council members did not
want to wait due to safety and that Lake Forest should do their own thing. A
concern was how the residents, etc. are educated on hands free and what the
effect will be on other City departments. The Ordinance will be presented at the
February 21, 2012 City Council meeting.
23
Proceedings of the February 6, 2012
Regular City Council Meeting
City Manager Kiely reported that due to the mild winter, the salt report was
positive.
3. Comments by Council Members
Alderman Moore reported the Wireless Task Force met and will have a plan to present to
Council in the near future.
Alderman Moore read a statement into record stating his disappointed with Kerry
Friedman and the action taking place at 27 W. Onwentsia.
Alderman Schoenheider wanted to thank Michael Thomas, Director of Public Works and
his team for doing a great job this winter season. Alderman Pandaleon and Alderman
Novit agreed.
Michael Thomas advised the Council the City of Lake Forest is waiting for a grant to
come through in order to have recycling carts available to the remaining households in
the City. The City should hear early summer.
Reminder was given that tomorrow night Tuesday, February 7, 2012 there will be a focus
group meeting at Gorton Community Center at 6:30.
Alderman Adelman reminded residents that golf season is fast approaching and to
consider Deerpath Golf Course for membership, lessons, camps, etc.
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Lucy Cooper, student at Lake Forest College, introduced herself to Council advising she
is the new liaison with the college and city. She is going to be working with Susan Kelsey,
Economic Development Coordinator.
Robert Pasquesi stood before Council to advise them to contact auto makers to
manufacture cars that do not permit phones to work while they are in drive.
CONSENT AGENDA
1. Check register for period December 21, 2011 – January 30, 2012
2. Approval of the January 17, 2012 City Council meeting minutes
Alderman Novit moved, seconded by Alderman Schoenheider to approve the consent
agenda as presented. The following voted “Aye” Novit, Waldeck, Moore, Pandaleon,
Morsch, Schoenheider, Palmer and Adelman. The following voted “Nay” None. Motion
carries.
ORDINANCES
1. Consideration of an Ordinance Amending the Special Use Permit for Woodlands
Academy of the Sacred Heart to Allow Expansion of the Campus Boundaries to
Incorporate the 23-acre Barat Parcel into the Woodlands Academy Campus. (First
Reading)
24
Proceedings of the February 6, 2012
Regular City Council Meeting
Catherine Czerniak, Director of Community Development stood before Council to present an
ordinance amending the Special Use Permit for Woodlands Academy of the Sacred Heart to
Allow Expansion of the Campus Boundaries to Incorporate the 23-acre Barat Parcel into the
Woodlands Academy Campus. On December 14, 2011, the Plan Commission considered a
request for an amendment to an existing Special Use Permit to expand the boundaries of
Woodlands Academy Campus. Since Woodlands Academy, like other public and private
institutions in the community, is located on residentially zoned property, a Special Use Permit is
required to authorize an educational use. In the case of this Special Use Permit, use of the
property is also restricted to educational use in exchange for City support of the demolition of
Old Main. The requested amendment seeks approval to include the adjacent 23-acre parcel,
commonly known as Barat Campus, as part of the Woodlands Academy Campus. No other
approvals are requested as part of this petition.
The Plan Commission heard a presentation from representatives of Woodlands Academy and
heard public testimony. After deliberation, the Commission voted 3 to 2 to recommend
approval of the amendment to the Special Use Permit authorizing the consolidation of the two
campuses subject to a number of conditions of approval. The dissenting members of the
Commission expressed concern about the timing of the approval since the Barat parcel was not
yet in the ownership of Woodlands Academy. Both dissenting members indicated support for
the ultimate incorporation of the property into Woodlands Academy Campus, but expressed
concern about the uncertainties of the proposal.
Since the Plan Commission public hearing, the property has been acquired by an LLC
representing the donors who have publicly announced the intention to donate the property,
once cleaned up, to Woodlands Academy for use consistent with Woodland’s educational
mission. The sale of the property closed prior to the end of 2011 as required by the bank formerly
holding the property. The transfer of the property, out of the hands of the bank, was an
important step to provide some increased certainty in this process. In addition, the Ordinance,
included numerous conditions of approval as recommended by the Plan Commission and
limitations on use and transferee provisions added by the City Attorney in response to previous
City Council requests.
Granting first reading of the Ordinance amending the Special Use Permit and combining the
property into a single parcel, is consistent with the City Council’s previous action and direction in
support of the ultimate demolition of Old Main and expansion of Woodlands Academy on to the
Barat property.
City Attorney, Victor Filippini also briefed the Council on the details of the special use permit and
answered questions from Council.
Recommend Action: Grant first reading of an Ordinance amending the Woodland’s Academy
Special Use Permit authorizing the incorporation of the 23-acre Barat parcel into the Woodlands
Academy Campus.
Alderman Moore moved, seconded by Alderman Palmer to grant first reading of an Ordinance
amending the Woodland’s Academy Special Use Permit authorizing the incorporation of the 23-
acre Barat parcel into the Woodlands Academy Campus. Motion carried unanimously by voice
vote.
25
Proceedings of the February 6, 2012
Regular City Council Meeting
2. Consideration of Recommendations from the Building Review Board and the Legal
Committee in Support of an Ordinance Amending Chapter 9, Architectural and Site
Design Review, of the City Code.
At the February 1, 2012 meeting, the Building Review Board held a public hearing and
considered amendments to Sections 86 and 87 of Chapter 9 of the City Code. The proposed
amendments relate to review and approval procedures and modify the form, but not the
substance, of these procedures. Under the modified procedures, the Building Review Board will
continue to review petitions however instead of rendering a final decision with the potential for
appeal to the City Council; the Board will function as a recommending body to the City Council.
The role of a recommending body is consistent with the current role of the Zoning Board of
Appeals. A corresponding amendment is proposed for Chapter 51 of the City Code, Historic
Preservation, and as a result, if the amendments currently proposed are approved, the
procedures of the Historic Preservation Commission, Building Review Board and Zoning Board of
Appeals will be more closely aligned. These procedural changes are not intended to delay or
extend the review process and staff will work with the City Attorney to streamline review by the
City Council as appropriate however, importantly, the proposed amendments will bring the
Code language in these sections in line with recent judicial decisions.
In addition to the procedural modifications, the proposed amendments to Chapter 9 also clean
up some repetitive language that was identified. A black-line of Sections 9-86 and 9-87 was
included in the City Council packet reflecting the proposed changes along with the Ordinance.
Approval of the Ordinance amending Chapter 9 was recommended by the Building Review
Board and the City’s Legal Committee.
Recommended Action: Waive first reading and grant final approval of the Ordinance amending
Chapter 9, Architectural and Site Design Review, of the City Code.
Alderman Morsch moved, seconded by Alderman Palmer to waive first reading and grant final
approval of the Ordinance amending Chapter 9, Architectural and Site Design Review, of the
City Code. Motion carried unanimously by voice vote.
Alderman Morsch moved, seconded by Alderman Novit to approve the Ordinance amending
Chapter 9, Architectural and Site Design Review, of the City Code. The following voted “Aye”
Novit, Waldeck, Moore, Pandaleon, Morsch, Schoenheider, Palmer and Adelman. The following
voted “Nay” None. Motion carries.
3. Consideration of Recommendations from the Historic Preservation Commission and the
Legal Committee in Support of an Ordinance Amending Chapter 51, Historic
Preservation, of the City Code. (First Reading, and if desired by the City Council, Final
Approval)
At the January 25, 2012 meeting, the Historic Preservation Commission held a public hearing and
considered amendments to Chapter 51 of the City Code. These amendments, like those
proposed to Chapter 9 in the previous agenda item, relate to review and approval procedures
and modify the form, but not the substance, of these procedures. Under the modified
procedures, the Historic Preservation Commission will continue to review petitions that involve
requests for building scale variances, however instead of rendering a final decision with the
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Proceedings of the February 6, 2012
Regular City Council Meeting
potential for appeal to the City Council; the Commission will function as a recommending body
to the City Council.
As noted in the previous agenda item, the role of a recommending body is consistent with the
current role of the Zoning Board of Appeals. Again, these procedural changes are not intended
to delay or extend the review process, but to strengthen the City Code with respect to historic
preservation by more closely aligning the Code language with recent judicial decisions.
A black-line of Chapter 51 was included in the City Council packet reflecting the proposed
changes Approval of the Ordinance amending Chapter 51 was recommended by the Historic
Preservation Commission and the City’s Legal Committee.
Recommended Action: Waive first reading and grant final approval of the Ordinance amending
Chapter 51, Historic Preservation, of the City Code.
Alderman Morsch moved, seconded by Alderman Moore to waive first reading and grant final
approval of the Ordinance amending Chapter 51, Historic Preservation of the City code. Motion
carried unanimously by voice vote.
Alderman Morsch moved, seconded by Alderman Waldeck to approve the Ordinance
amending Chapter 51, Historic Preservation of the City code. The following voted “Aye” Novit,
Waldeck, Moore, Pandaleon, Morsch, Schoenheider, Palmer and Adelman. The following
voted “Nay” None. Motion carries.
NEW BUSINESS
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT
There being no further business, Alderman Palmer moved, seconded by Alderman Novit to
adjourn the meeting at 9:05 p.m. The motion carried unanimously by voice vote.
Cathryn H. Buerger
Deputy City Clerk
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THE CITY OF LAKE FOREST
Ordinance No. 2012-_____
AMENDING THE LAKE FOREST
ZONING CODE OF 1972, AS AMENDED
WHEREAS, after providing due notice and conducting a public hearing to consider the adoption of an
updated Zoning Map, the Plan Commission of The City of Lake Forest recommended approval of the Zoning
Map, 2012 as set forth herein.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, ILLINOIS:
That the official Lake Forest Zoning District Map, previously approved on March 16, 2009, is hereby amended
as reflected on Exhibit A attached hereto and made a part hereof.
Section 1: This ordinance shall be in full force and effect from and after its passage, approval, recordation and
publication, as provided by law.
Section 2: The Zoning District Map shall be properly attested and filed with the City Clerk in accordance with
Section 46-34 of the Lake Forest City Code.
PASSED THIS _____ DAY OF ____________________, 2012.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED THIS _____ DAY OF ____________________, 2012.
___________________________________________
MAYOR
ATTEST:
City Clerk
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THE CITY OF LAKE FOREST
ORDINANCE NO. 12-__
AN ORDINANCE AMENDING CHAPTER 40 OF
THE CITY CODE OF THE CITY OF LAKE FOREST
REGARDING THE USE OF WIRELESS TELEPHONES
AND ELECTRONIC DEVICES WHILE DRIVING
WHEREAS, Chapter 40 of the City Code of The City of Lake Forest (the "City Code"), sets forth
general traffic rules and regulations applicable to the operation of motor vehicles and the use of streets
within the City; and
WHEREAS, the use of wireless telephones and electronic communications devices has become
pervasive within the City and the Chicago metropolitan area generally; and
WHEREAS, in recognition of the public safety risks presented by using electronic devices while
driving, the General Assembly has previously prohibited, pursuant to 625 ILCS 5/12-610.2, the use of
electronic communication devices to compose, send, or read electronic communications while operating a
motor vehicle under specific circumstances; and
WHEREAS, in recognition of the public safety risks presented by using wireless telephones while
driving, the General Assembly has previously restricted, pursuant to 625 ILCS 5/12-610.1, the use of
wireless telephones while operating a motor vehicle under specific circumstances; and
WHEREAS, use of wireless telephones and other electronic devices while operating a motor
vehicle can distract drivers of such motor vehicles, thereby endangering persons and property and
otherwise presenting risks to the public health and safety; and
WHEREAS, the City Council has found that the use of wireless telephones while driving a motor
vehicle, without a hands-free device that permits the driver to use a telephone without the use of the
driver's hands, poses a threat to the general public safety, health, and welfare; and
WHEREAS, pursuant to the home rule powers of the City, the City Council has determined that it
will serve and be in the best interest of the City and its residents to amend Chapter 40 of the City Code to
prohibit the use of wireless telephones and other electronic devices while driving a motor vehicle, except
when the driver uses a hands-free device or in other limited circumstances; and
WHEREAS, the City Council has determined that it will serve and be in the best interest of the
City and its residents to amend the City Code pursuant to this Ordinance;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, LAKE COUNTY, STATE OF ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a
part of, this Ordinance as the findings of the City Council.
SECTION TWO: USE OF WIRELESS TELEPHONES AND ELECTRONIC DEVICES
WHILE DRIVING. Article V, entitled "Driving while Intoxicated and Reckless Driving," of Chapter 40,
entitled “Rules of the Road,” of the City Code shall be, and is hereby, amended to modify the title of said
Article V and to add a new Section 40-1-506, entitled "Use of Wireless Telephones and Electronic
Devices While Driving," which shall hereafter be and read as follows:
Art. V DRIVING WHILE INTOXICATED, AND RECKLESS, AND NEGLIGENT DRIVING
* * *
Sec. 40-1-506 Use of Wireless Telephones and Electronic Devices While Driving.
(A) Use of Wireless Telephones and Electronic Devices While Driving
Prohibited. Except as provided in Section 40-1-506(B) of this Chapter, no person
shall drive a motor vehicle while using any wireless, mobile, cellular, analog
wireless or digital telephone, personal data assistant, or other electronic
communication device. For purposes of this Section 40-1-506, the term "using"
shall include, without limitation: (1) talking or listening to another person on the
telephone; (2) text messaging; (3) sending, reading or listening to an electronic
message; and (4) browsing the internet.
(B) Exceptions. Section 40-1-506(A) of this Chapter shall not apply to:
(1) Law enforcement officers and operators of emergency
vehicles, when on duty and acting in their official capacities;
(2) Persons using a telephone with a hands-free device that
allows the driver to talk to and listen to the other party on the telephone
without the use of the driver’s hands;
(3) Persons using a telephone, personal data assistant, or
electronic communication device for purposes of contacting or
communicating with public safety or other emergency service providers
while driving a motor vehicle; or
(4) Persons using a telephone, personal data assistant, or
electronic communication device in a motor vehicle that is in a, parked
position.
(C) Penalty. Whoever violates any provision of this Section 40-1-
506 shall be subject to Chapter 53 of the City Code, regarding Administrative
Hearings, and fined no less than $100 for the first offense, $200 for the second
offense, and $300 for each offense thereafter.
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SECTION THREE: EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law; provided, however, that
this Ordinance shall not be effective prior to [DATE].
PASSED THIS ___ DAY OF ___________, 2012.
AYES:
NAYS:
ABSENT:
APPROVED THIS ___ DAY OF ___________, 2012.
Mayor
ATTEST:
City Clerk (Deputy)
31
THE CITY OF LAKE FOREST
ORDINANCE NO. 12-__
AN ORDINANCE AMENDING CHAPTER 40 OF
THE CITY CODE OF THE CITY OF LAKE FOREST
REGARDING DISTRACTED DRIVING
WHEREAS, Chapter 40 of the City Code of The City of Lake Forest (the "City Code"), sets forth
general traffic rules and regulations applicable to the operation of motor vehicles and the use of streets
within the City; and
WHEREAS, the use of wireless telephones and electronic communications devices has become
pervasive within the City and the Chicago metropolitan area generally; and
WHEREAS, in recognition of the public safety risks presented by using electronic devices while
driving, the General Assembly has previously prohibited, pursuant to 625 ILCS 5/12-610.2, the use of
electronic communication devices to compose, send, or read electronic communications while operating a
motor vehicle under specific circumstances; and
WHEREAS, in recognition of the public safety risks presented by using wireless telephones while
driving, the General Assembly has previously restricted, pursuant to 625 ILCS 5/12-610.1, the use of
wireless telephones while operating a motor vehicle under specific circumstances; and
WHEREAS, use of wireless telephones and other electronic devices while operating a motor
vehicle can distract drivers of such motor vehicles, thereby endangering persons and property and
otherwise presenting risks to the public health and safety; and
WHEREAS, in addition to the use of wireless telephones and other electronic devices, drivers
who engage in other inattentive behavior, including without limitation eating or drinking, the reading of
material within the motor vehicle, and personal grooming, also endanger persons and property and
otherwise presents risks to the public health and safety; and
WHEREAS, the City Council has found that drivers using wireless telephones while driving a
motor vehicle, without a hands-free device that permits the driver to use a telephone without the use of
the driver's hands, or engaging in other inattentive behaviors are driving negligently and pose a threat to
the general public safety, health, and welfare; and
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WHEREAS, pursuant to the home rule powers of the City, the City Council has determined that it
will serve and be in the best interest of the City and its residents to amend Chapter 40 of the City Code to
prohibit negligent driving; and
WHEREAS, the City Council has determined that it will serve and be in the best interest of the
City and its residents to amend the City Code pursuant to this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, LAKE COUNTY, STATE OF ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a
part of, this Ordinance as the findings of the City Council.
SECTION TWO: USE OF WIRELESS TELEPHONES AND ELECTRONIC DEVICES
WHILE DRIVING. Article V, entitled "Driving while Intoxicated and Reckless Driving," of Chapter 40,
entitled “Rules of the Road,” of the City Code shall be, and is hereby, amended to modify the title of said
Article V and to add a new Section 40-1-506, entitled "Negligent Driving," which shall hereafter be and
read as follows:
Art. V DRIVING WHILE INTOXICATED, AND RECKLESS, AND NEGLIGENT DRIVING
* * *
Sec. 40-1-506. Negligent Driving.
(A) It shall be unlawful for any person to operate any vehicle upon any
street or public way negligently, or without due caution, in a manner so as to
endanger or likely to endanger any person or property.
(B) For purposes of this Section, words "negligently" and "without due
caution" shall mean without due care and caution, or without due regard to the
width, grade, corners, traffic, weather, and other attendant conditions of streets,
highways, roads, or other ways used for vehicular traffic within the City limits of
The City of Lake Forest. Without limiting the foregoing, for purposes of this
Section, it shall be presumed that a person has operated a vehicle negligently or
without due caution and is endangering or is likely to endanger persons or
property if such person is engaging in any "inattentive action" and operates the
vehicle in a manner that violates any other law or regulation governing the
movement of vehicles on any public way. “Inattentive actions” include, without
limitation, the following actions: (1) the hand, or handheld operation of telephones,
personal data assistants, computers, radios or other electronic or battery operated
communications or entertainment equipment or devices; (2) eating or drinking; (3)
the reading of material within the motor vehicle; and (4) personal grooming.
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(C) The prohibition in this Section shall not be applicable to:
(1) Law enforcement officers and operators of emergency
vehicles using a telephone, personal data assistant, or electronic
communication device when on duty and acting in their official capacities;
(2) Persons using a telephone with a hands-free device that
allows the driver to talk to and listen to the other party on the telephone
without the use of the driver’s hands;
(3) Persons using a telephone, personal data assistant, or
electronic communication device for purposes of contacting or
communicating with public safety or other emergency service providers
while driving a motor vehicle; or
(4) Persons using a telephone, personal data assistant, or
electronic communication device in a motor vehicle that is in a, parked
position.
(D) Penalty. Whoever violates any provision of this Section 40-1-
506 shall be subject to Chapter 53 of the City Code, regarding Administrative
Hearings, and fined no less than $100 for the first offense, $200 for the second
offense, and $300 for each offense thereafter.
SECTION THREE: EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law; provided, however, that
this Ordinance shall not be effective prior to [DATE].
PASSED THIS ___ DAY OF ___________, 2012.
AYES:
NAYS:
ABSENT:
APPROVED THIS ___ DAY OF ___________, 2012.
Mayor
ATTEST:
City Clerk (Deputy)
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