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CITY COUNCIL 11/21/2011 THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, November 21, 2011 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 REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Resolution of Appreciation for Louise Breckan for 30 years of service B. Resolution of Appreciation for Julie Carpenter for 24 years of service C. Resolution of Appreciation for Ken Magnus for 21 years of service D. Resolution of Appreciation for Chris Marszlak for 24 years of service Copy of Resolutions beginning on page 12. Recommendation: Approve Resolutions as presented. 2. Comments by City Manager 7:45 p.m. A. Approval of a Resolution Initiating the Submission of a Public Question to Authorize the City to Adopt An “Opt-Out” Program for the Supply of Electricity to Residential and Small Commercial Retail Customers PRESENTED BY ELECTRICAL AGGREGATION SUB-COMMITTEE CHAIRMAN DAVID GRUMHAUS & ALDERMAN PALMER PURPOSE AND ACTION REQUESTED: Staff seeks approval to authorize the placement of a public question regarding an opt-out program on the March 20, 2012 primary election ballot. BACKGROUND/DISCUSSION: On August 10, 2009, Governor Quinn signed into law Public Act 96-176, amending the Illinois Power Agency Act (“Act”) to allow municipalities to arrange for the provision of electricity to residential and small commercial retail customers by alternative electric suppliers (instead of ComEd). Under the new law, the City may seek bids for the provision of aggregate electricity supply services to these customers, in hopes that the 1 November 21, 2011 Agenda selected rate will be lower than the standard rate offered by ComEd. The Act contemplates two types of programs: an “opt-in” program, in which a customer must affirmatively agree to service by the selected alternative supplier; or an “opt-out” program, in which all residential and small commercial retail customers would be switched automatically to the alternative supplier, unless a customer affirmatively opted out of the program and continued service through ComEd or another provider. Under either type of program, ComEd would remain the distributor of electricity in the City; the selected alternative supplier would merely generate the electricity provided and deliver it to ComEd for distribution. ComEd still maintains the infrastructure. The City Council may initiate an opt-in program without any prior approval by City residents. However, to operate an opt-out program, City residents must first approve a referendum. The attached Resolution would authorize the placement of a public question regarding an opt- out program on the March 20, 2012 primary election ballot. Under the Illinois Election Code, a resolution placing a public question on a ballot must be adopted at least 79 days prior to an election. For the March 20, 2012 election, the deadline falls on Tuesday, January 3, 2012. If an opt-out referendum is approved, the City may then initiate an opt-out program through the following steps: 1. Adoption of an ordinance authorizing an opt-out program 2. Preparation of a Plan of Operation and Governance (POG) 3. Holding of two public hearings by the City Council concerning the POG 4. Adoption of the POG 5. Solicitation of bids from alternative electricity suppliers 6. Award of bid and commencement of opt-out program City Staff estimates that the program would be initiated during the spring and early summer of 2012. Lastly, City staff has met with Highland Park, Skokie, Deerfield, Northbrook, Lake Bluff, Evanston and Park Ridge whom are interested in signing an Intergovernmental Agreement to collaboratively work through the municipal aggregation process. There is a possibility, that communities with similar electrical distribution and usage should see a greater savings. This outcome may be proven during the process, in which the Sub-Committee will report back to the Council. Copy of Resolution begins on page 16. RECOMMENDED ACTION: Approve a Resolution Initiating the Submission of a Public Question to Authorize the City to Adopt An “Opt-Out” Program for the Supply of Electricity to Residential and Small Commercial Retail Customers. B. Announcement of Golf Advisory Committee 3. Council Committee Reports 8:00 p.m. A. Finance Committee- Alderman Pandaleon 1. Audit Committee Report Fiscal Year 2011 Annual Financial Report PRESENTED BY AUDIT COMMITTEE MEMBER MICHELLE MORENO 2 November 21, 2011 Agenda The Comprehensive Annual Financial Report (CAFR) for the year ended April 30, 2011 is included in your packet. It has been reviewed with McGladrey & Pullen LLP, the City’s audit firm, and has been accepted by the Audit Committee. The City has received an unqualified (clean) opinion from McGladrey & Pullen, LLP. The City has been awarded The Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for thirty-two consecutive years. This report will be submitted for a thirty- third award. The Audit Committee met three times during 2011 and highlights of those meetings as well as the report will be presented tonight. Allan Jacobs, Audit Committee Chairman, was unable to attend tonight’s meeting and Ms. Moreno volunteered to make the report. RECOMMENDED ACTION: Receipt of audit report for the fiscal year ended April 30, 2011 2. Consideration of an Ordinance approving a Fee Schedule (First Reading) PRESENTED BY FINANCE COMMITTEE CHAIRMAN GEORGE PANDALEON PURPOSE AND ACTION REQUESTED: Staff requests approving the first reading of the ordinance. BACKGROUND/DISCUSSION: As part of the budget process, all departments reviewed their user fees. Total fee increases for established fees are estimated to be $30,965 in the Parks and Recreation Fund and $ 51,238 in the Deerpath Golf Course Fund. Revenue for the new fees related to development activity is estimated to be $1,720 in the General Fund. If the City Council is in agreement with these new fees, the ordinance will be presented at a future meeting. Copy beginning on page 20. RECOMMENDED ACTION: Grant first reading of the ordinance approving a fee schedule for The City of Lake Forest. 3. Consideration of an Ordinance Related to Annual Fees for the Parks and Recreation Fund and the Senior Resources Fund (First Reading) PRESENTED BY FINANCE COMMITTEE CHAIRMAN GEORGE PANDALEON PURPOSE AND ACTION REQUESTED: Staff requests approving the first reading of the ordinance. BACKGROUND/DISCUSSION: As was discussed at the July 18, 2011 Finance Committee meeting, an ordinance that will allow certain fees for the Parks and Recreation Fund and the Senior Resources Fund to be set by their respective boards needs to be passed by the City Council. This ordinance will also state that certain annual fees such as memberships for the Parks and Recreation Fund and Senior Resources Fund will be approved by the City Council. Copy beginning on page 23. 3 November 21, 2011 Agenda RECOMMENDED ACTION: Grant first reading to the ordinance related to Annual Fees for the Parks and Recreation Fund and Senior Resources Fund. 4. Consideration of an Ordinance Establishing the Tax Levy for 2011 (First Reading) PRESENTED BY FINANCE COMMITTEE CHAIRMAN GEORGE PANDALEON PURPOSE AND ACTION REQUESTED: Staff requests approving the first reading of the 2011 tax levy ordinance. BACKGROUND/DISCUSSION: The annual tax levy must be filed with the County Clerk before the last Tuesday in December. Spreadsheets reviewing the tax levy for 2011 are attached for your consideration. These include: 1) the tax levy limitations under the tax cap 2) the tax levy distributed by fund without new growth and allowances distributed 3) the tax levy by fund with new growth and allowances distributed and 4) an explanation of the tax increase to an average homeowner. The tax levy to be approved includes the needs of all City departments, as well as for pensions and debt service requirements. A summary of the proposed levies is as follows: Proposed FUND 2011 LEVY 2010 Extension $ CHANGE % CHANGE City General 12,134,003$ 11,869,949$ 264,054$ 2.22% Pension Funds 4,087,973$ 4,018,750$ 69,224$ 1.72% Fire Pension PA 93-0689 38,593 53,228 (14,635)$ -27.50% Recreation 1,242,619$ 1,224,255 18,364$ 1.50% Parks 2,863,426$ 2,821,109 42,317$ 1.50% Special Recreation 326,579$ 345,985$ (19,406)$ -5.61% Library 3,147,821$ 3,087,251$ 60,570$ 1.96% Library sites 378,188$ 372,599$ 5,589$ 1.50% Bond Funds 1,669,703$ 2,554,967$ (885,264)$ -34.65% TOTAL TAX LEVY - CITY 25,888,905$ 26,348,093$ (459,188)$ -1.74% School District 67- ESTIMATED 28,600,000$ 28,213,696 386,304$ 1.37% The proposed tax levy for 2011 reflects a 1.74% decrease over the 2010 tax levy extensions for the City and Library operating funds and City pension and debt service funds. This decrease is in full compliance with the property tax cap limit of a 1.5% increase plus new growth. Legislation allows for the exclusion of special recreation ($326,579) and a portion of the fire pension levy ($38,593) from the tax cap. Both amounts are in the above chart and are further detailed in the attached spreadsheets beginning on page 30. The average decrease to existing residents will be approximately 2.19% or $58 on a $757,000 home. RECOMMENDED ACTION: Grant first reading of the ordinance establishing the Tax Levy for 2011 for The City of Lake Forest. 4 November 21, 2011 Agenda 5. Abating 2011 Tax Levies for Various G.O. Alternate Revenue Bond Issues (First Reading) PRESENTED BY FINANCE COMMITTEE CHAIRMAN GEORGE PANDALEON PURPOSE AND ACTION REQUESTED: Staff requests approving the first reading of ordinance abating 2011 Tax Levies. BACKGROUND/DISCUSSION: These ordinances provide for the abatement of 2011 taxes levied for the various outstanding general obligation ALTERNATE REVENUE bond issues. The tax levies for all bond issues are established and recorded with the County Clerk at the time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement ordinance must be approved and filed with the County Clerk before December 27, 2011. The abatement of these general obligation (ALTERNATE REVENUE) bonds is possible due to the fact these bond funds have an adequate revenue source from water sales, Cemetery revenue, golf fees, sales tax or payments from the U.S. Treasury. Therefore, the general obligation tax levy can be abated as was planned at the time the bonds were issued. a) An Ordinance Abating the Total Tax Being Levied in 2011 for the Annual Payment of the Principal and Interest on the 2002-A General Obligation (Waterworks and Sewerage System) Bond Issue ($1,404,000.00) b) An Ordinance Abating the Total Tax Being Levied in 2011 for the Annual Payment of the Principal and Interest on the 2004-A General Obligation (Golf Course) Bond Issue ($78,000.00) c) An Ordinance Abating the Total Tax Being Levied in 2011 for the Annual Payment of the Principal and Interest on the 2004-B General Obligation (Storm Sewer) Bond Issue ($155,250.00) d) An Ordinance Abating a Portion of the Tax Being Levied in 2011 for the Annual Payment of the Principal and Interest on the 2010-B Taxable General Obligation Bond Issue (Recovery Zone Economic Development Bonds) ($77,625.00) e) An Ordinance Abating a Portion of the Tax Being Levies in 2011 for the Annual Payment of the Principal and Interest on the 2010-C Taxable General Obligation Bond Issue (Build America Bonds – Direct Payment) ($90,759.00) f) An Ordinance Abating a Portion of the Tax Being Levies in 2011 for the Annual Payment of the Principal and Interest on the 2011-A General Obligation Refunding Bond Issue ($516,262.50) 5 November 21, 2011 Agenda g) An Ordinance Abating a Portion of the Tax Being Levies in 2011 for the Annual Payment of the Principal and Interest on the 2011-B General Obligation Refunding Bond Issue ($827,300.00) A summary of the proposed tax levy abatements are noted below: Bond Issue Original Tax Levy Tax Abatement Net Bond Tax Levy 2002A G.O. Bonds (WATER) $1,404,000.00 $1,404,000.00 $0 2004A G.O. Bonds (GOLF) $78,000.00 $78,000.00 $0 2004B G.O. Bonds (STM SEWER) $155,250.00 $155,250.00 $0 2010-B Taxable G. O. Bonds $172,500.00 $77,625.00 $94,875 2010-C Taxable G.O. Bonds $259,311.00 $90,759.00 $168,552 2011-A G.O. Refunding Bonds $516,262.50 $516,262.50 $0 2011-B G.O. Refunding Bonds $827,300.00 $827,300.00 $0 TOTALS $3,412,623.50 $3,149,196.50 $263,427 Recommended Action: Grant First reading of the ordinances abating tax levies for various general obligation bond issues. Copy beginning on page 38. 6. Loan Forgiveness Request from Ragdale Association PRESENTED BY FINANCE COMMITTEE CHAIRMAN GEORGE PANDALEON Copy of letter beginning on page 45. 7. Gorton Budget Presentation PRESENTED BY ALDERMAN GEORGE PANDALEON AND CHAIRMAN MICHAEL LEY Copy of budget beginning on page 49. 8. Consideration of Health Insurance Contract Renewals PRESENTED BY DESHA KALMAR, DIRECTOR OF HUMAN RESOURCES PURPOSE AND ACTION REQUESTED: Staff is recommending retaining current health plan providers and changing preferred provider network administration. BACKGROUND/DISCUSSION: The City provides a self-funded medical and dental plan. The cost of the City plan each year is determined by actual claims, fixed costs for administration, reinsurance, and costs for life insurance. Administration and billing services are currently provided by Professional Benefit Administrators (PBA). Stop Loss coverage is placed with ING. Life coverage is placed with CIGNA. Preferred Provider Network administration is provided through PHCS MultiPlan. Pharmacy card services are provided by Serve You Rx. 6 November 21, 2011 Agenda A formal Request for Proposal process was completed in the fall of 2011 for all services, with the specific objective of seeking bids for administration and insurance coverage, as well as evaluating different managed care services including PPO networks and Pharmacy services. Twenty-six (26) vendors and carriers were solicited. Recommendations based on the bid results: • Retain Professional Benefit Administrators (PBA) for administration and billing services o PBA costs are among the lowest and service levels meet expectations • Change preferred provider network administration to CIGNA, through PBA o Estimated savings from managed care would increase by 4-5% of claim cost Fee Type Payment Basis Total Rate Base Fee Annual $1000 Employee Medical Monthly per Employee/Retiree $14.00 Employee Dental Monthly per Employee/Retiree $2.50 Medical Reimbursement Account Monthly per Employee/Retiree $5.00 Vision Discount Program Annual per Employee/Retiree $2.50 Utilization Review Liaison Fee Monthly per Employee/Retiree $1.50 CIGNA PPO and Utilization Review Fee (paid to PBA) Monthly per Employee/Retiree $15.25 CIGNA Large Case Management Fee Hourly $150 • Retain ING for stop loss coverage o Covers paid claims estimated to be consistent with projections, and provide no significant exclusions to normal contract terms o Coverage is billed through PBA Billing Services Premium Type/Liability Estimate Payment Basis Total Rate Total Medical, Rx and Vision Claim Liability Monthly Liability Cap per Employee/Retiree $1,274.19 Aggregate Premium Monthly per Employee/Retiree $4.12 Specific Premium Monthly per Single Coverage $59.27 Specific Premium Monthly per Family Coverage $167.66 • Retain Excess Health/National Union Fire Insurance for Transplant Coverage, a component of Stop Loss Coverage o Transplant premiums reduce cost for Stop Loss Coverage o Coverage is billed through PBA Billing Services Premium Type Payment Basis Total Rate Transplant Premium Monthly per Employee/Retiree $5.95 • Retain Serve You Rx for pharmacy card services o Serve You Rx essentially matched the best offer received, with no coverage limitations beyond our plan design o Costs are billed as claim charge to the City Medical and Dental plan through PBA 7 November 21, 2011 Agenda Fee Type Payment Basis Total Rate Dispensing Fee Per Retail Prescription $1.50 Retail Discount, Brand Per Retail Prescription 17% Retail Discount, Generic Per Retail Prescription 17% or AWP less 66%-68% Mail Discount, Brand Per Mail Prescription 24% Mail Discount, Generic Per Mail Prescription 24% or AWP less 68%-71% Specialty Medications Discount Per Specialty Medication (retail or mail) 17% Rebates Paid to City Per Brand Retail Prescription $12.00 Rebates Paid to City Per Brand Retail Prescription $43.00 Retain CIGNA for life insurance o CIGNA matched the best rate with higher guarantee issue limits and a three year rate guarantee o The City pays CIGNA directly for Life Coverage Premium Type Basis Total Rate Employee Basic Life and Accidental Death Monthly rate per $1,000 of coverage $.16 per $1,000 The PCA Committee considered these recommendations on November 14 and moved to approve the recommendations. RECOMMENDED ACTION: Authorize the City Manager to execute contracts retaining Professional Benefit Administrators (PBA) for administration and billing services, change preferred provider network administration to CIGNA through PBA, retain ING for stop loss coverage, retain Excess Health/National Union Fire Insurance for transplant coverage, a component of stop loss coverage, retain Serve You Rx for pharmacy card services and retain CIGNA for life insurance. B. Property and Public Lands Committee- Alderman Schoenheider 1. Rejection of a Request for Bid offering by Bay Tree Bank located at the east Lake Forest Train Depot. PRESENTED BY PROPERTY AND PUBLIC LAND COMMITTEE CHARIMAN DONALD SCHOENHEIDER, (STAFF CONTACT CARINA WALTERS, ASSISTANT CITY MANAGER) 810-4679 PURPOSE AND ACTION REQUESTED Rejection of the request for bid offering received by Bay Tree Bank. BACKGROUND/DISCUSSION: The Union Pacific owns the east Lake Forest train station. The City of Lake Forest leases the train station and sub-leases the interior space to provide services to residents and commuters. In 2008 Northern Trust made a business decision to remove the interior banking operation leasing approximately 2,800 sq. ft. of interior space in the depot and in summer 2011, removed the exterior ATM machine. As businesses have closed within the depot, staff has held off from seeking new tenants as the lease between the Union Pacific needed negotiating and in receiving the ITEP grant for exterior renovations staff was unaware of any potential business impact. 8 November 21, 2011 Agenda As the exterior renovations are underway and the lease between the City and Union Pacific has been finalized, on August 29, 2011 staff released a request for bid offering to sub-lease the space in the Union Pacific train station and the exterior ATM to another financial institution. On September 29, 2011the City received one bid from Bay Tree bank identifying two options: 1. Operate the outdoor ATM for $12,000 a year; or 2. Operate a drive-thru only facility out of the station with two lanes one ATM and one pneumatic teller for $10,000 per year. On November 14, 2011 the Property and Public Land Committee recommended to reject the bid from Bay Tree bank and solicit a request for interest to incorporate all empty locations within the train station and potentially identify other uses for the train station. RECOMMENDED ACTION: If appropriate, staff respectfully requests the City Council to reject the bid proposal from Bay Tree Bank. 4. Comments by Council Members 8:45 p.m. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 8:55 p.m. 1. Approval of Code Amendment, Chapter 27-Park and Recreation Board (Waive first reading, grant final approval) PURPOSE AND ACTION REQUESTED: Staff requests Council approval of an ordinance amending Chapter 27 of the City Code regarding the Park and Recreation Board terms and duties. BACKGROUND/DISCUSSION: As initially presented at the October 17, 2011 City Council meeting the Park and Recreation Board Section 27 of the City Code did not reflect current practices and could benefit from revising the term recital portion of the ordinance. City Council approved the reduction of terms from 5 years to 2 years at the October 17, 2011 meeting but requested that the description of Park and Recreation Board duties receive an expanded clarification. Attached on page 54 is the amended version of Chapter 27 of the City Code that was prepared by Holland & Knight. Section 27-16 entitled “Powers and Duties” has been expanded to clearly identify the Park Board’s liaison and advisory role with respect to delivery of all park, forestry and recreation services and their role with policy development, implementation of the budget and oversight of the program plan. RECOMMENDED ACTION: Staff requests waive first reading and grant final approval to amend Chapter 27 of the City Code regarding the Park and Recreation Board terms and duties. 9 November 21, 2011 Agenda 2. Approval of the Minutes from the November 7, 2011 Regular City Council Meeting A copy of the minutes is attached beginning on page 56. RECOMMENDED ACTION: Approve consent agenda as presented. ORDINANCES 9:00 p.m. 1. Consideration of an Ordinance Amending the Historic District Boundaries as Established by Chapter 51 “Historic Preservation”, of the City Code of Lake Forest to Remove Old Main, Located on a Portion of Barat Campus, from the District.(First Reading, and if desired by the City Council, Final Approval) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) At the November 7, 2011 City Council meeting, the City Council considered a recommendation from the Historic Preservation Commission in response to a request from Woodlands Academy to remove Old Main and the associated property from the City’s original historic district. After a presentation, Council questions and discussion, and public testimony, the Council directed staff, in consultation with the City Attorney and two members of the City Council, to prepare an ordinance for Council consideration as a first step in amending the historic district as requested by Woodlands Academy. The requested ordinance is included in the Council packet beginning on page 61. Consistent with the Council’s direction, the ordinance takes the first step toward the ultimate de-designation of Old Main. This first step establishes the justification for the de-designation under the City's Historic Preservation Ordinance, but the effectiveness of the ordinance is conditioned upon the subsequent approval of a Special Use Permit incorporating the Barat property into the Woodlands Academy Campus. Although the terms of the Special Use Permit are not prescribed in the de-designation ordinance out of respect of the Plan Commission's review process, the de-designation ordinance states that it will not be effective until the City Council approves a Special Use Permit which must: (a) incorporate the entire 23-acre Barat Campus into the Woodlands Academy Campus; (b) contain terms and conditions acceptable to the City Council and agreed upon by Woodlands Academy; and (c) is approved within 12 months. If the conditions of the de-designation ordinance are not met, no map amendment will occur and Old Main will remain in the historic district. If the City Council approves the de-designation ordinance, the next step of the process will be consideration of a request for a Special Use Permit by the Plan Commission to authorize the expansion of the Woodlands Academy Campus to include the entire Barat Campus. The Plan Commission will be advised of the staff's recommendations, based on discussions to date, for redevelopment parameters and limitations for the enlarged Woodlands campus (as initially set forth in the staff report to the Historic Preservation Commission), as well as the City Council's concerns for the preservation of the front lawn area, assuring education-related use of the campus, ravine protection measures, and establishing a time frame for the removal of Old Main if all required approvals are obtained. Ultimately, the recommendation of the Plan Commission will come back to the City Council for consideration and action. Only if that 10 November 21, 2011 Agenda action is favorable and expressly provides for the de-designation will an approval of the de- designation ordinance have full force and effect. RECOMMENDED ACTION: In light of the City Council's extensive discussion during its November 7, 2011 meeting and the future action that will be required to effectuate a de- designation of the "Old Main Area" from the City's 1857 Historic District, staff recommends that the City Council waive first reading of the de-designation ordinance, and if desired, grant final approval. NEW BUSINESS 9:30 p.m. 1. Resolution Approving Public Comment Rules PRESENTED BY CITY ATTORNEY, VICTOR FILIPPINI Due to recent changes in the Open Meetings Act, the City is required to provide public comment at all meetings of its public bodies. Although the City has traditionally provided for public comment, in order to ensure compliance with this new legal requirement, it is recommended that the City adopt the formal public comment rules to codify its practices. These rules will provide the baseline for public comment opportunities for the City Council as well as all other public bodies within the City. The Rules also provide an opportunity to for comment to other City officials outside the scope of a public meeting. Copy of rules and Resolution beginning on page 66. RECOMMENDED ACTION; Approve the Resolution as presented. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:45 p.m. Office of the City Manager November 18, 2011 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. 11 RESOLUTION WHEREAS, LOUISE A. BRECKAN, a.k.a. LLL, has been a dedicated employee of The City of Lake Forest since November 9, 1981; and WHEREAS, LOUISE A. BRECKAN will honorably retire from the City on December 31, 2011; and WHEREAS, LOUISE A. BRECKAN served in the following positions during her dedicated career: • Assistant to the Director of Finance November 1981 • Assistant Director of Finance May 1983; WHEREAS, LOUISE A. BRECKAN’s service highlights include the conversion of a legacy financial system to the current financial system, the completion of twenty-nine audits and Comprehensive Annual Financial Reports which resulted in The Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for each of them, the project accounting for the recently constructed Municipal Services Building, the analysis of the water fund for the radio read meter project, water rate study, water usage study and customer assistance, the preparation of voluminous ordinances, SSA PINs, minutes, journal entries, the implementation of target based budgeting, purchasing policies and the provision of assistance to departments at any time of day or night; WHEREAS, LOUISE A. BRECKAN diligently completed all of the above while also upholding her status as the #1 Chicago Bears fan; 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 LOUISE A. BRECKAN for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to LOUISE A. BRECKAN this 21st day of November, 2011. Mayor 12 RESOLUTION WHEREAS, JULIE M. CARPENTER has been a dedicated employee of The City of Lake Forest for 24 years since joining the City on September 28, 1987; and WHEREAS, JULIE M. CARPENTER began her career with the City of Lake Forest as an administrative assistant in the City Manager’s Office at City Hall and joined the Community Development Department in July, 1996, bringing her energy and enthusiasm to the Municipal Services Facility; and WHEREAS, JULIE M. CARPENTER, during her time in the Community Development Department, provided ongoing support to five Boards and Commissions and numerous special committees and task forces; and WHEREAS, JULIE M. CARPENTER did whatever needed to be done to support the department, the City organization and those around here; and WHEREAS, JULIE M. CARPENTER had an amazing ability to recall details of various meetings and projects; remember names, faces and addresses; find missing files and most amazing, she could read minds and as a result, was often more than one step ahead of everyone else; and WHEREAS, JULIE M. CARPENTER brought a unique style and sense of humor to the office, remembered birthdays and found a way to make those around her feel special; and WHEREAS, JULIE M. CARPENTER will be missed not only by her co-workers, but also by the many Board members, Commissioners and residents who relied on her as their “go to person”; and WHEREAS, JULIE M. CARPENTER will honorably retire from the City on November 30, 2011. 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 JULIE M. CARPENTER for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to JULIE M. CARPENTER this 21st day of November 2011. Mayor 13 RESOLUTION 2011-____ WHEREAS, KENNETH M. MAGNUS has been a dedicated employee of The City of Lake Forest serving as City Surveyor & Engineer since January 15, 1990; and WHEREAS, KENNETH M. MAGNUS will honorably retire from the City on November 30, 2011; and WHEREAS, KENNETH M. MAGNUS was instrumental in overseeing the reconstruction and rehabilitation of 10 vehicular bridges and 9 pedestrian bridges and provided assistance in the adoption of a City-wide stormwater management plan and target-area program that has helped City and residents alleviate street and basement flooding; and WHEREAS, KENNETH M. MAGNUS dedication and perseverance to secure State, Federal, and other grants totaling in excess of $27 milliion for infrastructure improvements provided savings to the City and taxpayers; and WHEREAS, KENNETH M. MAGNUS keenness towards a roadway testing system has guided the City in a positive direction with long-term sustainable capital improvement plan; and WHEREAS, KENNETH M. MAGNUS pursuit of being a Bridge Program Manager along with Certified Floodplain Manager, in addition to be a licensed professional engineer, has been an asset to the City and residents; and WHEREAS, KENNETH M. MAGNUS presented with clarity and in non-technical terms at numerous City Council meetings, Ward meetings, and neighborhood meetings; and WHEREAS, KENNETH M. MAGNUS loyalty and hardwork to serve the residents and upkeep of the public infrastructure exhibit his continuous professionalism and dedication to the community; and 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 KENNETH M. MAGNUS for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to KENNETH M. MAGNUS this 21st day of November 2011. Mayor 14 RESOLUTION WHEREAS, CHRISTOPHER MARSZALEK has been a dedicated employee of The City of Lake Forest since April 1, 1987; and WHEREAS, CHRISTOPHER MARSZALEK will honorably retire from the City on November 30, 2011; and WHEREAS, CHRISTOPHER MARSZALEK served in the following positions during his dedicated career: Golf Professional in February 1987 Head Golf Pro in March 2003 WHEREAS, CHRISTOPHER MARSZALEK was an instrumental leader in managing the golf course pro shop, lesson program, driving range and various membership services resulting in a high quality golf course for the community to enjoy; 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 CHRISTOPHER MARSZALEK for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to CHRISTOPHER MARSZALEK this 21st day of November, 2011. Mayor 15 THE CITY OF LAKE FOREST RESOLUTION NO. _________ A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO AUTHORIZE THE CITY TO ADOPT AN “OPT-OUT” PROGRAM FOR THE SUPPLY OF ELECTRICITY TO RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92 (“Act”), permits the corporate authorities of the City, if authorized by referendum, to adopt an ordinance creating a program to allow the City to solicit bids and enter into service agreements for the sale and purchase of electricity and related services and equipment to residential and potentially small commercial customers in the City who do not chose to opt-out (“Program”); and WHEREAS, pursuant to the requirements of the Act, the corporate authorities of The City of Lake Forest hereby desire to place on the March 20, 2012 ballot a public question to be considered by the voters in the City regarding the authorization of the City to pursue the implementation of the Program; WHEREAS, The City of Highland Park, the City of Park Ridge, the Village of Skokie, the Village of Deerfield, the Village of Northbrook, the City of Evanston and the Village of Lake Bluff may collaboratively sign an Intergovernmental Agreement to aggregate a more cost effective electrical rate for residential and small businesses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION TWO: PUBLIC QUESTION ON PENSION SUSTAINABILITY. A public question shall be submitted to the voters of the City of Highland Park, County of Lake, State of Illinois, at the March 20, 2012 primary election (or at the next available election permitted by the general election law), as follows: Shall The City of Lake Forest have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who have not opted out of such program? YES ____ NO ____ SECTION THREE: FILING. The City Clerk is hereby authorized and directed to file this authorizing Resolution and other related matters with the appropriate election officials in accordance with applicable law. 16 2 SECTION FOUR: EFFECTIVE DATE. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the City Council. [SIGNATURE PAGE FOLLOWS] 17 3 AYES: NAYS: ABSENT: PASSED: APPROVED: RESOLUTION NO. ______________________________________ James J. Cowhey, Mayor ATTEST: ______________________________________ Cathryn Buerger, Deputy City Clerk #10623657_v1 18 19 New Fees Effective May 1, 2012 or As Noted 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A B C D E F PROPOSED FY2013 Amount $$ %Projected Fees and Charges Fund FY2012 FEE CHANGE Increase in Revenue Community Development Off Hour Inspections General new $50 administrative fee n/a $250 plus per hour cost of inspector Permit Extensions General new $150 administrative fee n/a $750 plus 20% of the original permit fee - 6 month extension DVD Vending Machine License General new 110 n/a $220 Rescission of local landmark designation, amendment of local landmark designation or historic map amendment General new 2,500 n/a 0 Extension of Tentative Subdivision Plat Approval General new 150 n/a 0 Administrative Property Line Shift General new 250 n/a $500 20 Page 1 of 2 November 1, 2011 MEMORANDUM TO: Kathleen Reinertsen, Director of Finance Louise Breckan, Assistant Director of Finance FROM: Catherine J. Czerniak, Director of Community Development DATE: November 1, 2011 SUBJECT: Recommended Fee Adjustments for Fiscal Year 2013 - Revised Attached is the fee spread sheet with the changes recommended by the Community Development Department. No overall increases are proposed in any fee category. Continuing to holding development fees steady is generally consistent with what is happening in most communities and demonstrates City support of construction activity at all levels. Current fees appear to be at adequate levels to appropriately cover the cost of the various services. As part of the department’s annual review of all fees, a few areas were identified where the cost of service is not fully covered by current fees. To address the gaps, a few new fees are proposed as detailed below. These fees do not generate a significant amount of revenue, however they will provide for consistency, assure that the cost of service is covered and will allow the staff to be responsive to situations that come up from time to time. New Fee Recommendations  Off Hour Inspections – $50 administrative fee, plus per hour cost of inspector On occasion, the City receives requests for inspections to be conducted outside of normal business hours. Most often these types of inspections are requested by businesses to avoid disruptions to their operations during business hours. For example, in the past, some businesses in Conway Park have requested inspections and testing of life safety systems at 4 a.m. on week days or on weekends requiring inspectors be brought in at an overtime rate. A $50 administrative fee is proposed along with payment of the full per hour cost of the inspector. Projected Revenue FY 2013: $250  Permit Extensions - $150 administrative fee, plus 20% of the original permit fee – 6 month extension Although the goal is always to encourage the completion of projects within the 2-year time frame, occasionally there are projects that are close, but not completed within 21 Page 2 of 2 November 1, 2011 the 2-years. This fee addresses the additional inspections and administrative work required to address these situations. Projected Revenue FY2013: $750  DVD Vending Machine Licenses -- $110 The City licenses vending machines on an annual basis. DVD vending machines have been installed recently in local stores. The proposed fee is consistent with fees for similar vending machines. Projected Revenue FY 2013: $220  Rescission of local landmark designation, amendment of local landmark designation or historic district map amendment -- $2,500 Chapter 51 of the City Code, Historic Preservation, provides for a process to request rescission of historic designation and amendments. Currently, no fee is specified for this process and the research, notification and preparation work required for these types of petition is significant. Although these types of requests will be rare, establishment of a fee is appropriate. Projected Revenue FY 2013: $0  Extension of Tentative Subdivision Plat Approval -- $150 Chapter 38 of the City Code, Subdivisions, provides for a process to request an extension of tentative subdivision plat approval. The request for extension is presented to the City Council, with a staff recommendation, for Council action. Currently, there is no fee for this process. Projected Revenue FY 2013: $0  Administrative Property Line Shift -- $250 Chapter 38 of the City Code, Subdivisions, provides for an administrative approval of a property line shift under certain conditions. Although no additional lots can be created through this process, staff research on related subdivisions, building permits and easements is required. Currently, there is no fee established for this process. Projected Revenue FY 2013: $500 I hope this information is helpful in understanding the changes proposed. Please do not hesitate to contact me if you need further clarifications, have any questions or different ideas. I would be happy to meet with you to discuss any of these recommendations. 22 Increases to Fees Effective May 1, 2012 or As Noted 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A B C D E F PROPOSED FY2013 Amount $$ %Projected Fees and Charges Fund FY2012 FEE CHANGE Increase in Revenue Senior Resources Membership Dues Residents of Lake Forest, Lake Bluff and unincorporated Lake Forest and Lake Bluff Senior Resources $35 per person $35 per person 0.0% $55 per family $55 per family 0.0% Outside of Lake Forest and Lake Bluff Senior Resources $45 per person $45 per person 0.0% $65 per family $65 per family 0.0% Circuit Breaker participants Lake Forest and Lake Bluff Senior Resources $10 per person $10 per person 0.0% residents only $15 per family $15 per family 0.0%0 Car and Bus rides Senior Resources $3/fee each direction $3/fee each direction 0.0% $6 round trip $6 round trip 0.0% Taxi subsidy- Lake Forest and Lake Bluff residents Senior Resources 16 coupons/month 16 coupons/month living within the Lake Forest High School District for a value of $3/each for a value of $3/each 0.0% Parks and Recreation Seasonal Fees-Resident: early payment discount Class A -Adult Single DPG 1,185 Eliminated Class B -Adult Combo DPG 2,055 Eliminated Class C -Limited DPG 880 Eliminated Junior 19-22 Unlimited DPG 827 Eliminated Class D -Junior DPG 529 Eliminated Class F - Senior Citizen DPG 704 Eliminated Class G -Sr. Citizen Combo DPG 1,246 Eliminated Limited Plus DPG 750 Eliminated Seasonal Fees (Non-Resident) - early payment discount Class A -Adult Single DPG 1,643 Eliminated Class B -Adult Combo DPG 2,408 Eliminated Class C -Limited DPG 1,014 Eliminated Class D -Junior DPG 598 Eliminated Junior 19-22 Unlimited DPG 837 Eliminated Class F - Senior Citizen DPG 1,003 Eliminated Class G -Sr. Citizen Combo DPG 1,786 Eliminated 23 Increases to Fees Effective May 1, 2012 or As Noted 2 1 2 3 4 5 A B C D E F PROPOSED FY2013 Amount $$ %Projected Fees and Charges Fund FY2012 FEE CHANGE Increase in Revenue 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Limited Plus DPG 800 Eliminated Seasonal Fees-Resident Class A -Adult Single DPG 1,185 1,280 8% Class B -Adult Combo DPG 2,055 2,219 8% Class C -Limited DPG 880 950 8% Junior 19-22 Unlimited DPG 827 Eliminated $48,883 Class D -Junior DPG 529 571 8% Class F - Senior Citizen DPG 704 760 8% Class G -Sr. Citizen Combo DPG 1,246 Eliminated Limited Plus DPG 750 810 8% Seasonal Fees (Non-Resident) Class A -Adult Single DPG 1,643 1,742 6% Class B -Adult Combo DPG 2,408 2,552 6% Class C -Limited DPG 1,014 1,075 6% Class D -Junior DPG 598 634 6%$2,355 Junior 19-22 Unlimited DPG 837 Eliminated Class F - Senior Citizen DPG 1,003 1,063 6% Class G -Sr. Citizen Combo DPG 1,786 Eliminated Limited Plus DPG 800 848 6% Boating and Beach Fees - effective February 1, 2012 Boat Ramp/Sailboat Permits-Recreation Boat Ramp (R)Parks/Rec 394 410 4% Boat Ramp 2nd boat/ half season Parks/Rec 197 205 4% Boat Ramp 3rd boat Parks/Rec 100 104 4% Boat Ramp (R) (Sen.) Parks/Rec 300 313 4% Boat Ramp (R) (Sen) 2nd boat/ half season Parks/Rec 151 157 4% Boat Ramp (NR) Parks/Rec 2,501 2,601 4% Year round storage Resident Parks/Rec 1,748 1,818 4% Year round storage Resident senior Parks/Rec 851 1,107 30% Year round storage non-resident Parks/Rec 5,263 5,474 4% Seasonal Boat Storage Resident Parks/Rec 1,184 1,230 4% Seasonal Boat Storage Resident Senior Parks/Rec 620 806 30% Seasonal Boat Storage Non-resident Parks/Rec 4,472 4,651 4% Winter Sailboat Storage (R) Parks/Rec 620 645 4%$6,122 Winter Sailboat Storage (R) Senior Parks/Rec 620 645 4% 24 Increases to Fees Effective May 1, 2012 or As Noted 3 1 2 3 4 5 A B C D E F PROPOSED FY2013 Amount $$ %Projected Fees and Charges Fund FY2012 FEE CHANGE Increase in Revenue 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Winter Sailboat Storage (Nonresident)Parks/Rec 2,238 2,328 4% Sailboat Racks Resident Parks/Rec 394 410 4% Sailboat Racks Resident Senior Parks/Rec 300 313 4% Sailboat Racks Non-resident Parks/Rec 2,324 2,417 4% South Beach Parking Permit (R)Parks/Rec 114 119 4% South Beach Parking Permit (R) (Sen.)Parks/Rec 85 88 4% South Beach Parking Permit (NR)Parks/Rec 1,404 1,460 4% South Beach Parking Permit Employee/Retiree Parks/Rec 78 81 4% Extra Decals Parks/Rec 64 67 5% Daily Boat Launch Parks/Rec 36 37 3% Winter Sailboat Rack Storage Parks/Rec 94 98 4% Fitness Center Fees - effective May 1, 2012 Fitness Center Membership Fees Individual resident rate Parks/Rec 328 341 4% Individual resident rate - 6 months Parks/Rec 226 235 4% Individual resident rate - 3 months Parks/Rec 168 175 4% Individual non-resident rate Parks/Rec 393 409 4% Individual non-resident rate - 6 months Parks/Rec 291 303 4% Individual non-resident rate - 3 months Parks/Rec 202 210 4% Couple resident rate Parks/Rec 512 532 4% Couple resident rate - 6 months Parks/Rec 410 426 4% Couple resident rate - 3 month Parks/Rec 251 261 4% Couple non-resident rate Parks/Rec 615 640 4% Couple non-resident rate - 6 months Parks/Rec 513 534 4% Couple non-resident rate - 3 months Parks/Rec 301 313 4% Family resident rate Parks/Rec 717 746 4% Family resident rate - 6 months Parks/Rec 615 640 4% Family resident rate - 3 months Parks/Rec 332 345 4% Family non-resident rate Parks/Rec 860 894 4% Family non-resident rate - 6 months Parks/Rec 758 788 4%$24,843 Family non-resident rate - 3 months Parks/Rec 399 415 4% Senior resident rate Parks/Rec 235 244 4% Senior resident rate - 6 months Parks/Rec 126 131 4% Senior resident rate - 3 months Parks/Rec 133 138 4% Senior non-resident rate Parks/Rec 282 293 4% Senior non-resident rate - 6 months Parks/Rec 180 187 4% Senior non-resident rate - 3 months Parks/Rec 152 158 4% Senior couple resident rate Parks/Rec 361 375 4% 25 Increases to Fees Effective May 1, 2012 or As Noted 4 1 2 3 4 5 A B C D E F PROPOSED FY2013 Amount $$ %Projected Fees and Charges Fund FY2012 FEE CHANGE Increase in Revenue 123 124 125 126 127 128 129 130 131 132 Senior couple resident rate - 6 months Parks/Rec 259 269 4% Senior couple resident rate - 3 months Parks/Rec 167 174 4% Senior couple non-resident rate Parks/Rec 429 446 4% Senior couple non-resident rate - 6 months Parks/Rec 326 339 4% Senior couple non-resident rate - 3 months Parks/Rec 200 208 4% Student resident rate Parks/Rec 250 260 4% Student non-resident rate Parks/Rec 300 312 4% Matinee resident rate Parks/Rec 165 172 4% Matinee non-resident rate Parks/Rec 197 205 4% 26 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE REGARDING CERTAIN FEES FOR THE CITY OF LAKE FOREST Adopted by the Mayor and City Council of The City of Lake Forest this ____ day of ____________, 2011 Published in pamphlet form by direction and authority of the City Council of The City of Lake Forest, Lake County, Illinois this ______ day of ________________, 2011 27 1 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE REGARDING CERTAIN FEES FOR THE CITY OF LAKE FOREST WHEREAS, The City has established various fees and charges as part of its codes, ordinances, rules, regulations, and policies; and WHEREAS, the City Council acknowledges that various programs and activities conducted under the auspices of the Parks and Recreation Department and the Senior Center ("Special Programs") are unique with respect to their occurrence and costs; and WHEREAS, the Special Programs are typically characterized by either (i) being associated with non-recurring events; (ii) being associated with events sponsored by third- parties, such as a show or travel to a special destination; or (iii) their reliance on third-party instructors or presenters who are not fully employed by the City; and WHEREAS, because of the uniqueness of such Special Programs, it is ordinarily impractical to pre-establish a fee for the Special Programs, especially if such fee must first be presented to, reviewed by, and approved by the City Council; and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to adopt this Ordinance for the setting of certain fees for the Special Programs; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Authority for Setting Special Program Fees. The City Council hereby authorizes the City Manager or the Manager's designee to set fees for Special Programs in consultation with: 28 2 a. the Parks and Recreation Board for those Special Programs conducted under the auspices of the Parks and Recreation Department; and b. the Senior Resource Commission for those Special Programs conducted under the auspices of the Senior Center. In setting such fees, the City Manager shall abide by the City's current fiscal policy and otherwise endeavor to set fees that will not result in an expenditure of City funds unless included within the approved budget. Nothing in this ordinance is intended to delegate the City Council's review and approval of annual fees related to the activities of the Parks and Recreation Department and the Senior Center. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2011 AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2011 _____________________________ Mayor ATTEST: _______________________________ City Clerk #1315151/2 29 The City of Lake Forest Tax Levy 2011 Explanation of Homeowner Increase 11/18/20119:27 AM taxlevy2011110411 Attachment 4 2011 LEVY 2010 Extension $ CHANGE % CHANGE Levy before growth 23,745,964$ 23,793,126$ (47,162)$ -0.20% Plus 2010 Growth and exclusions 473,238 TOTAL LEVY UNDER TAX CAP 24,219,202$ 23,793,126$ Bond Funds 1,669,703 2,554,967 (885,264)$ -34.65% TOTAL TAX LEVY 25,888,905$ 26,348,093$ (459,188)$ -1.74% 2011 2010 Forecast Actual City Equalized Assessed Value ( EAV)2,529,165,126 2,661,423,512 1/3 market value City Levy 25,888,905 26,348,093 Tax Rate 1.0236 0.9900 levy divided by EAV X 100 Average Home Market Value 756,800$ 800,000$ EAV 252,267 266,667 EAV X Tax Rate/100 2,582$ 2,640$ (58)$ -2.19% This is the decrease on an average existing home. This represents 19.5% (City) and 2.9% (Library) of the entire tax bill. individual declines may differ 30 Page 1 TAX LEVY 2011-2012 AN ORDINANCE PROVIDING FOR THE LEVY OF TAXES FOR ALL CORPORATE PURPOSES AND FOR THE PUBLIC SCHOOLS OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS, FOR THE FISCAL YEAR COMMENCING MAY 1, 2011 AND ENDING APRIL 30, 2012 BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE AND STATE OF ILLINOIS: SECTION 1: That the Annual Appropriation Bill, an ordinance making appropriation for the corporate purposes of The City of Lake Forest and the objects and purposes stated therein according to the departments and other separate agencies, and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, for the fiscal year commencing May 1, 2011 and ending April 30, 2012 was duly passed the 18th of July, 2011 and thereafter published in pamphlet form as provided by law, which ordinance by reference thereto is hereby made a part of hereof. SECTION 2: That the sum of fifty-two million, eight hundred nineteen thousand, two hundred two dollars ($52,819,202) having heretofore legally appropriated for all corporate purposes of The City of Lake Forest and for the Public Schools of The City of Lake Forest, County of Lake and State of Illinois, to be collected from the taxes levied for the fiscal year commencing May 1, 2011 and ending April 30, 2012 be and same hereby is levied against all property subject to taxation with The City of Lake Forest as the same is assessed and equalized for State and County purposes for the said fiscal year. That the purposes for which the said amount of fifty-two million, eight hundred nineteen thousand, two hundred two dollars ($52,819,202) hereto appropriated and hereby levied, respectively are as follows, to wit: GENERAL FUND Tax LevyAppropriation2011-2012General Government Salaries and Benefits 2,063,157$ 930,854$ Supplies/Other Services and Charges 5,736,091 2,588,007 Contingency - to meet expenses of emergencies and optional expenses not otherwise provided for 3,036,286 - TOTAL GENERAL GOVERNMENT 10,835,534$ 3,518,861$ Legal Contractual Services 500,000$ 242,680$ TOTAL LAW 500,000$ 242,680$ Community Development Salaries and Benefits 1,137,272$ -$ Supplies/Other Services and Charges 139,324 - Capital Equipment - - - TOTAL COMMUNITY DEVELOPMENT 1,276,596$ -$ Public Works Administration Salaries and Benefits 288,589$ 247,191$ Supplies/Other Services and Charges 136,394 116,829 - TOTAL PUBLIC WORKS ADMINISTRATION 424,983$ 364,020$ Public Buildings Building Maintenance Administration Salaries and Benefits 650,737$ 289,603$ Supplies/Other Services and Charges 712,515 317,097 TOTAL PUBLIC BUILDINGS 1,363,252$ 606,700$ 31 Page 2 Tax LevyAppropriation2011-2012Streets Salaries and Benefits 718,235$ -$ Supplies/ Other Service and Charges 697,127 - TOTAL STREETS 1,415,362$ -$ Sanitation Salaries and Benefits 1,079,088$ 990,844$ Supplies/ Other Service and Charges 1,035,255 950,596 TOTAL SANITATION 2,114,343$ 1,941,440$ Storm Sewers Salaries and Benefits 193,702$ 103,001$ Supplies/ Other Service and Charges 34,488 18,339 TOTAL STORM SEWERS 228,190$ 121,340$ Engineering Salaries and Benefits 498,236$ 223,657$ Supplies/ Other Service and Charges 42,376 19,023 TOTAL ENGINEERING 540,612$ 242,680$ Fire Fire Administration Salaries and Benefits 5,028,609$ 2,048,117$ Supplies/ Other Service and Charges 220,420 89,776 Capital Equipment - - Sub-Total 5,249,029$ 2,137,892$ Emergency Medical Services Supplies/ Other Service and Charges 25,000$ 10,182$ Sub-Total 25,000$ 10,182$ Fire Suppression Supplies/ Other Service and Charges 88,502$ 36,046$ Sub-Total 88,502$ 36,046$ TOTAL FIRE 5,362,531$ 2,184,121$ Police Salaries and Benefits 7,262,261$ 2,664,746$ Supplies/ Other Service and Charges 674,283 247,415 TOTAL POLICE 7,936,544$ 2,912,161$ TOTAL AMOUNT APPROPRIATED FROM GENERAL FUND 31,997,947$ 12,134,003$ Less: Total amount appropriated from other sources 19,863,944 other than Tax Levy Sub-Total 12,134,003 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR GENERAL FUND 12,134,003$ 32 Page 3 Tax LevyAppropriation2011-2012 ILLINOIS MUNICIPAL RETIREMENT AND SOCIAL SECURITY For ILLINOIS MUNICIPAL RETIREMENT and SOCIAL SECURITY (Excludes Water and Sewer Department, Paid Parking, Deerpath Golf Course, Cemetery Commission and School District 67) General Fund - IMRF 797,715$ 544,223$ General Fund - Social Security 603,490 544,222 Parks and Recreation Fund - IMRF 333,796 252,674 Parks and Recreation Fund - Social Security 313,733 252,674 - TOTAL AMOUNT APPROPRIATED FROM ILLINOIS 2,048,734$ 1,593,793$ MUNICIPAL RETIREMENT AND SOCIAL SECURITY Less: Total amount appropriated from other sources 454,941 other than Tax Levy Sub-Total 1,593,793 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR ILLINOIS MUNICIPAL RETIREMENT AND SOCIAL SECURITY 1,593,793$ FIREFIGHTERS'S PENSION FUND Other Services and Charges 1,578,207$ 980,270$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 161,680 - TOTAL AMOUNT APPROPRIATED FOR PAYMENT TO THE FIREFIGHTERS'S PENSION FUND 1,739,887$ 980,270$ Less: Total amount appropriated from other sources other than Tax Levy 759,617 Sub-Total 980,270 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE FIREFIGHTERS'S PENSION FUND 980,270$ Other Services and Charges 38,593$ 38,593$ TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE FIREFIGHTERS'S PENSION FUND LAW PA 93-0869 38,593$ 38,593$ POLICE PENSION FUND Other Services and Charges 1,690,800$ 1,513,910$ Contingency to meet expenses for emergencies and expenses not otherwise provided for 169,080 - TOTAL AMOUNT APPROPRIATED FOR PAYMENT TO THE POLICE PENSION FUND 1,859,880$ 1,513,910$ Less: Total amount appropriated from other sources 345,970 other than Tax Levy Sub-Total 1,513,910 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE POLICE PENSION FUND 1,513,910$ 33 Page 4 Tax LevyAppropriation2011-2012PARKS AND RECREATION FUND Parks and Forestry Administration Salaries and Benefits 2,043,534$ 1,981,115$ Supplies/ Other Service and Charges 478,899 464,271 Capital Equipment 150,000 145,418 Sub-Total 2,672,433$ 2,590,804$ Grounds Maintenance Supplies/ Other Service and Charges 152,106$ 147,460$ Sub-Total 152,106$ 147,460$ Athletic Field Plg/Tennis Supplies/ Other Service and Charges 45,325$ 43,941$ Sub-Total 45,325$ 43,941$ Lake Front Facilities Supplies/ Other Service and Charges 27,500$ 26,660$ Sub-Total 27,500$ 26,660$ Tree Trimming Supplies/ Other Service and Charges 16,500$ 15,996$ Sub-Total 16,500$ 15,996$ Tree Removal Supplies/ Other Service and Charges 11,600$ 11,246$ Sub-Total 11,600$ 11,246$ Insect & Disease Supplies/ Other Service and Charges 17,630$ 17,091$ Sub-Total 17,630$ 17,091$ Tree & Shrub Planting/Care Supplies/ Other Service and Charges 10,550$ 10,228$ Sub-Total 10,550$ 10,228$ TOTAL PARKS AND FORESTRY SECTION 2,953,644$ 2,863,426$ 34 Page 5 Tax LevyAppropriation2011-2012RecreationRecreation Programs Salaries and Benefits 2,770,147$ 680,411$ Supplies/ Other Service and Charges 1,983,612 487,220 Capital Equipment 80,294 19,722 Sub-Total 4,834,053$ 1,187,354$ Parks Equipment Reserve 150,000 36,843$ Recreation Development Fund 75,000 18,422 Contingency to meet expenses of emergencies and expenses not otherwise provided for 866,023 - TOTAL RECREATION SECTION 5,925,076$ 1,242,619$ TOTAL AMOUNT APPROPRIATED FROM THE PARKS AND 8,878,720 RECREATION FUND Less: Total amount appropriated from other sources 7,636,101 other than Tax Levy Sub-Total 4,106,045 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE PARKS AND RECREATION FUND 4,106,045$ Special Recreation Salaries and Benefits 27,000$ 27,000$ Supplies/Other Services and Charges 269,579 269,579 Capital Improvements 30,000 30,000 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 541 - TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR SPECIAL RECREATION 327,120$ 326,579$ PUBLIC LIBRARY FUNDLibrary Services Salaries and Benefits 2,190,298$ 2,190,298$ Supplies/Other Services and Charges 773,764 773,764 Contingency to meet expenses of emergencies and operational expenses not otherwise provided for 260,284 - Total Lake Forest Public Library - General 3,224,346$ 2,964,062$ Less: Total amount appropriated from other sources 260,284 other than Tax Levy Sub-Total 2,964,062 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE LAKE FOREST PUBLIC LIBRARY - GENERAL 2,964,062$ Social Security and IMRF Social Security 118,500$ 91,879$ Illinois Municipal Retirement Fund (IMRF)135,000 91,880 Total Lake Forest Public Library - Social Security and IMRF 253,500$ 183,759$ Less: Total amount appropriated from other sources 69,741 other than Tax Levy Sub-Total 183,759 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FOR THE LAKE FOREST PUBLIC LIBRARY - SOCIAL SECURITY AND IMRF 183,759$ 35 Page 6 Tax LevyAppropriation2011-2012 Library Building Salaries and Benefits 127,183$ 94,278$ Supplies/Other Services and Charges 133,000 98,590 Sub-Total 260,183$ 192,868$ Capital Equipment 150,000$ 111,192$ Capital Improvements 100,000 74,128 Sub-Total 250,000$ 185,320$ Total Lake Forest Public Library Building Maintenance and Repair (Sites and Building)510,183$ 378,188$ Less: Total amount appropriated from other sources 131,995 other than Tax Levy Sub-Total 378,188 TOTAL AMOUNT TO BE RAISED BY TAX LEVY FORTHE LAKE FOREST PUBLIC LIBRARY - BUILDING MAINTENANCE AND REPAIR 378,188$ Public Schools THE CITY OF LAKE FORESTSchool District No. 67** From the Educational Fund 26,268,804$ 22,875,000$ From the Operations, Building and Maintenance Fund 4,604,652 4,415,000 From the Capital Projects Fund 998,178 - From the Illinois Municipal Retirement Fund 324,064 330,000 From the Social Security Fund 324,064 330,000 From the Transportation Fund 1,171,232 650,000 TOTAL AMOUNT APPROPRIATED FOR PUBLIC SCHOOLSOF THE CITY OF LAKE FOREST (School District No. 67)33,690,994$ 28,600,000$ TOTAL AMOUNT TO BE RAISED BY TAX LEVY FORPUBLIC SCHOOLS OF THE CITY OF LAKE FOREST (School District 67)28,600,000$ 36 Page 7 Tax LevyAppropriation2011-2012Summary of the Amounts Appropriated From thethe Several Funds General 31,997,947$ 12,134,003$ Illinois Municipal Retirement Fund (IMRF)1,131,511 796,897 Social Security 917,223 796,896 Firefighters's Pension 1,739,887 980,270 Firefighters's Pension law PA 93-0869 38,593 38,593 Police Pension 1,859,880 1,513,910 Sub-Total 37,685,041$ 16,260,569$ Parks and Recreation 8,878,720$ 4,106,045$ Special Recreation 327,120 326,579 Public Library 3,224,346 2,964,062 Public Library - Social Security 118,500 91,879 Public Library - Illinois Municipal Retirement Fund (IMRF)135,000 91,880 Public Library - Sites and Building 510,183 378,188 Sub-Total 13,193,869$ 7,958,633$ The City of Lake Forest School District No. 67 *** Educational 26,268,804$ 22,875,000$ Operations, Building and Maintenance 4,604,652 4,415,000 Capital Projects Fund 998,178 - Illinois Municipal Retirement Fund 324,064 330,000 Social Security 324,064 330,000 Transportation 1,171,232 650,000 Sub-Total 33,690,994$ 28,600,000$ GRAND TOTAL 84,569,904$ 52,819,202$ *** The City of Lake Forest School District No. 67will be holding a special meeting either November 29 or December 13 and thesetax levy numbers could change. Section 3: Severability. If any provision of this Ordinance is declared unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, then that provision shall be deemed severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect. Section 4: The City Clerk of The City of Lake Forest is hereby directed to file a certified copy of this ordinance with the County Clerk of Lake County in the State of Illinois as required by law. Section 5: This ordinance shall be in force and effect ten (10) days after its passage, approval and publication.PASSED THIS ____ day of ________________, 2011 ____________________________________________ City Clerk APPROVED THIS ____ day of ________________, 2011 _____________________________________________ Mayor ATTEST: ______________________________________ City Clerk That this ordinance be published in pamphlet form and be made available to the public at the City Hall service counter.37 AN ORDINANCE 2011-____ ABATING THE TOTAL TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2002 GENERAL OBLIGATION SERIES 2002-A WATERWORKS AND SEWERAGE SYSTEM BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 5th day of August, 2002 authorize the issuance of General Obligation Series 2002-A Bonds in the amount of $26,000,000 for the purpose of financing water and sewer system improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2002 General Obligation Series 2002-A Waterworks and Sewerage System Bond Fund from sufficient revenues collected from the waterworks and sewerage system; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2002 General Obligation Series 2002-A Waterworks and Sewerage Bond Issue due in fiscal year commencing May 1, 2012, therefore the total levy of the tax provided in the original bond ordinance passed August 5, 2002, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2011 Tax Levy of $1,404,000.00 hitherto provided for and levied in the ordinance providing for the issuance of $26,000,000 General Obligation Series 2002-A Waterworks and Sewerage System Bonds of The City of Lake Forest, Lake County, Illinois passed August 5, 2002. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2002A 38 AN ORDINANCE 2011-____ ABATING THE TOTAL TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2004 GENERAL OBLIGATION SERIES 2004-A GOLF COURSE BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 7th day of September, 2004 authorize the issuance of General Obligation Series 2004-A Bonds in the amount of $1,195,000 for the purpose of financing improvements to the Deerpath Golf Course and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2004 General Obligation Series 2004-A Golf Course Bond Fund from sufficient revenues collected from the City’s golf fees; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2004 General Obligation Series 2004-A Golf Course Bond Issue due in fiscal year commencing May 1, 2012, therefore the total levy of the tax provided in the original bond ordinance passed September 7, 2004, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2011 Tax Levy of $78,000.00 hitherto provided for and levied in the ordinance providing for the issuance of $1,195,000 General Obligation Series 2004-A Golf Course Bonds of The City of Lake Forest, Lake County, Illinois passed September 7, 2004. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2004A 39 AN ORDINANCE ABATING THE TOTAL TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2004 GENERAL OBLIGATION SERIES 2004-B STORM SEWER BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 7th day of September, 2004 authorize the issuance of General Obligation Series 2004-B Bonds in the amount of $5,200,000 for the purpose of financing storm sewer and related street and capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2004 General Obligation Series 2004-B Storm Sewer Bond Fund from sufficient revenues collected from the City’s sales tax; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2004 General Obligation Series 2004-B Storm Sewer Bond Issue due in fiscal year commencing May 1, 2012, therefore the total levy of the tax provided in the original bond ordinance passed September 7, 2004, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2011 Tax Levy of $155,250.00 hitherto provided for and levied in the ordinance providing for the issuance of $5,200,000 General Obligation Series 2004-B Storm Sewer Bonds of The City of Lake Forest, Lake County, Illinois passed September 7, 2004. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2004B 40 AN ORDINANCE 2011-____ ABATING A PORTION OF THE TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010-B BOND ISSUE (RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS-DIRECT PAYMENT) WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 19th day of April, 2010 authorize the issuance of Taxable General Obligation Bonds, Series 2010-B (Recovery Zone Economic Development Bonds – Direct Payment) in the amount of $3,000,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the Taxable General Obligation Bonds, Series 2010-B Bond Fund from payments from the U.S. Treasury; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the Taxable General Obligation Bonds, Series 2010-B Bond Issue (Recovery Zone Economic Development Bonds- Direct Payment) due in fiscal year commencing May 1, 2012, therefore a portion of the levy of the tax provided in the original bond ordinance passed April 19, 2010, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2011 Tax Levy of $77,625.00 hitherto provided for and levied in the ordinance providing for the issuance of $3,000,000 Taxable General Obligation Bonds, Series 2010-B (Recovery Zone Economic Development Bonds – Direct Payment) of The City of Lake Forest, Lake County, Illinois passed April 19, 2010. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 41 AN ORDINANCE 2011-____ ABATING A PORTION OF THE TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE TAXABLE GENERAL OBLIGATION BONDS, SERIES 2010-C BOND ISSUE (BUILD AMERICA BONDS-DIRECT PAYMENT) WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 19th day of April, 2010 authorize the issuance of Taxable General Obligation Bonds, Series 2010-C (Build America Bonds- Direct Payment) in the amount of $5,425,000 for the purpose of financing capital improvements and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the Taxable General Obligation Bonds, Series 2010-C Bond Fund from payments from the U.S. Treasury; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay a portion of the tax levied for the annual payment of the principal and interest on the Taxable General Obligation Bonds, Series 2010-C Bond Issue (Build America Bonds- Direct Payment) due in fiscal year commencing May 1, 2012, therefore a portion of the levy of the tax provided in the original bond ordinance passed April 19, 2010, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate a portion of the 2011 Tax Levy of $90,759.00 hitherto provided for and levied in the ordinance providing for the issuance of $5,425,000 Taxable General Obligation Bonds, Series 2010-C (Build America Bonds – Direct Payment) of The City of Lake Forest, Lake County, Illinois passed April 19, 2010. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2010-C 42 AN ORDINANCE 2011-____ ABATING THE TOTAL TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2011 GENERAL OBLIGATION SERIES 2011-A REFUNDING BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 6th day of September, 2011 authorize the issuance of General Obligation Series 2011-A Refunding Bonds in the amount of $2,415,000 for the purpose of currently refunding certain maturities of the City’s outstanding General Obligation Bonds, Series 1999, 2003C and 2003D and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2011 General Obligation Series 2011-A from sufficient revenues collected from the City owned Cemetery, the waterworks and sewerage system and the City’s sales tax; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2011 General Obligation Series 2011-A Refunding Bond Issue due in fiscal year commencing May 1, 2012, therefore the total levy of the tax provided in the original bond ordinance passed September 6, 2011, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2011 Tax Levy of $516,262.50 hitherto provided for and levied in the ordinance providing for the issuance of $2,415,000 General Obligation Series 2011-A Refunding Bonds of The City of Lake Forest, Lake County, Illinois passed September 6, 2011. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2011A 43 AN ORDINANCE 2011-____ ABATING THE TOTAL TAX BEING LEVIED IN 2011 FOR THE ANNUAL PAYMENT OF THE PRINCIPAL AND INTEREST ON THE 2011 GENERAL OBLIGATION SERIES 2011-B REFUNDING BOND ISSUE WHEREAS, the City Council of The City of Lake Forest, Lake County, Illinois, did on the 6th day of September, 2011 authorize the issuance of General Obligation Series 2011-B Refunding Bonds in the amount of $24,825,000 for the purpose of advance refunding certain maturities of the City’s outstanding General Obligation Bonds, Series 2002A, Series 2004A and Series 2004B and provided for the levy and collection of a direct annual tax for the payment of the principal and interest of said bonds; and WHEREAS, the City has funds in the 2011 General Obligation Series 2011-B from sufficient revenues collected from the waterworks and sewerage system, the City’s golf fees and the City’s sales tax; and WHEREAS, The City of Lake Forest has on hand, sufficient funds to pay the total tax levied for the annual payment of the principal and interest on the 2011 General Obligation Series 2011-B Refunding Bond Issue due in fiscal year commencing May 1, 2012, therefore the total levy of the tax provided in the original bond ordinance passed September 6, 2011, a copy of which was filed in the Office of the County Clerk is unnecessary; NOW, THEREFORE, BE IT ENACTED by the City Council of The City of Lake Forest as follows: SECTION 1: That the County Clerk of Lake County, Illinois, is hereby authorized and directed to abate the total 2011 Tax Levy of $827,300.00 hitherto provided for and levied in the ordinance providing for the issuance of $24,825,000 General Obligation Series 2011-B Refunding Bonds of The City of Lake Forest, Lake County, Illinois passed September 6, 2011. SECTION 2: That this ordinance shall be in full force and effect from and after its approval and publication as required by law. PASSED THIS ______ day of __________________, 2011. _________________________________ City Clerk APPROVED THIS ______ day of _______________, 2011. _________________________________ Mayor ATTEST: ______________________________ City Clerk 2011B 44 45 46 47 48 49 50 51 52 53 ORDINANCE #2011-___ AN ORDINANCE AMENDING CHAPTER 27, OF THE CITY CODE, REGARDING PARK AND RECREATION BOARD TERMS AND DUTIES WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time, it is in the best interest of the City to review its codes and ordinances to see that they are up to date and relevant with best practices and procedures. NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, ILLINOIS, THAT Section One: Recitals. The foregoing recitals are hereby incorporated into and made a part of this Ordinance as the findings of the City Council. Section Two: Amendment of Section 27-16 of the City Code. Section 27-16, entitled "Powers and Duties," of Article II, entitled "Park and Recreation Board," of Chapter 27, entitled "Parks and Playgrounds," is hereby amended to hereafter be and read as follows: Sec. 27-16. POWERS AND DUTIES--- The Park and Recreation Board shall have such powers and duties as are now or may hereafter be given to it by law or the City Council, which shall include the following powers and duties: (1) The Board shall serve as an advisory body in regard to all matters concerning the development, finances, and operation, and overall policies of recreation programs, forestry services, playgrounds, recreation center, golf course, beach and all other city- owned park and recreation facilities, and make recommendations thereon to the City Council, City Manager and to others as may be appropriate. (2) The Board shall act as a liaison between the residents and City Council in park and recreation matters and investigate and make recommendations to the City Council concerning any and all matters related to above paragraph 1. (3) The Board shall prepare an advise the Director of Parks and Recreation with respect to policy issues in the preparation of the annual operating budget and program plan for consideration by 54 the City Council. The budget and program plan shall set forth a specific park and recreation program for the ensuing year along with an evaluation of current programs. The Board shall work with the Director of Parks and Recreation to Executive Director of the Recreation Department and Director of Parks, Forestry and Public Works whom will prepare and implement the annual budget and program plan following adoption by the City Council. (4) The Board shall oversee the operation of the Recreation Department and Parks Department to insure they are consistent with the approved budget and program plan. (5) The Board shall have the power to adopt by-laws, rules, and regulations not inconsistent with the provisions hereof or with the law. Any by-laws, rules, and regulations in effect at the time of adoption of this ordinance will be deemed to be in effect unless otherwise modified by the City Council. Section Three: Effective Date. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. PASSED this ___ day of _______________, 2011. AYES: NAYS: ABSENT: ABSTAIN: APPROVED this ___ day of ________________, 2011. ____________________________________ Mayor ATTEST: ______________________________ City Clerk 55 The City of Lake Forest CITY COUNCIL Proceedings of the November 7, 2011 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, Pandaleon, Moore, Morsch, Schoenheider, Palmer, Adelman. Absent: None. Quorum present. There were approximately 75 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; Mary Van Arsdale, Director of Parks & Recreation; Cathryn Buerger, Deputy City Clerk. Jeff Howell, Fire Chief. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Mayor Appointment of John L. Anderson to the Plan Commission to fill the unexpired term of Elizabeth Miller Alderman Novit moved, seconded by Alderman Palmer to approve the appointment. Motion carried unanimously by voice vote. 2. Comments by City Manager City Manager, Bob Kiely requested all residents to fill out the city wide survey. He advised the residents and Council on where to go on the website to complete and submit. 3. Council Committee Reports Legal Committee Report- Alderman Palmer requested City Attorney, Victor Filippini to summarize the Cell Phone Hands Free Ordinance Report from the legal committee. Mr. Filippini discussed the City’s stand and advised the proposed ordinance would consist of what the state enforces which is school and construction zones, and extend that enforcement to the entire city. 4. Comments by Council Members Alderman Palmer stated he thought a question regarding affordable housing should be placed on the survey that was to go out to The City of Lake Forest residents. He stated he was invited to draft a question. Alderman Palmer stated the question that was sent out to the residents was not what he wrote. He asked all residents who are filling out the survey to consider this: “Do you support the use of City’s assets and revenues to subsidize the cost for the low and moderate income persons who want to live in Lake Forest.” Alderman Palmer stated this will assist the Council with prioritizing projects. 56 Proceedings of the November 7, 2011 Regular City Council Meeting Alderman Novit reiterated the need to fill out the survey. He stated the Council needs to hear from the residents. Council can only react to the concerns that are known to the Council. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS No one stood before Council. CONSENT AGENDA 1. Approval of Authorized Invoices and Payrolls Check Register For Period September 24, 2011 - October 28, 2011 Fund Invoice Payroll Total General 464,344 1,557,484 2,021,827 Water & Sewer 81,408 168,331 249,739 Parks & Recreation 155,114 473,041 628,155 Capital Improvements 676,355 6,888 683,243 Bond Funds - Projects 72,929 0 72,929 Motor Fuel Tax 0 0 0 Cemetery 7,039 25,800 32,839 Senior Resources 19,161 28,568 47,728 Deerpath Golf Course 22,219 68,765 90,984 Fleet 81,500 57,578 139,079 Debt Funds 127,149 0 127,149 Housing Trust 0 0 0 Park & Public Land 71,310 0 71,310 All other Funds 645,441 19,805 665,247 $2,423,968 $2,406,261 $ 4,830,229 2. Approval of North Suburban Special Recreation Association Amended Articles & Resolution Staff requested approval of the North Suburban Special Recreation Association’s 2011 Amended and Restated Articles of Agreement and Resolution ratifying the amended articles. There were two documents for the City’s approval related to our participation as a partner agency with the North Suburban Special Recreation Association, commonly referred to as NSSRA, and who serve as a provider of recreation services for Lake Forest Recreation Department’s residents with disabilities. These Amended and Restated Articles of Agreement are entered into pursuant to the authority of Article VII, Sections 1, 6(a) and 10(a) of the Illinois Constitution of 1970; the Intergovernmental Cooperation Act, as amended; 5 ILCS 220/1 et seq.; Sections 5-8 and 8-10b of the Park District Code, as amended, 70 ILCS 1205/5-8 and 1205/8-10b; and Section 11-95-14 of the Illinois Municipal Code, as amended, 65 ILCS 5/11-95-14. The 2011 NSSRA Amended and Restated Articles and 2011 Member Agency Resolution, are basically necessary housekeeping documents due to the fact that they were last updated in 2006, needed to incorporate new Open Meetings Act language, and the addition of language for the sale or other transfer of real property in Article V. NSSRA is considering selling its 57 Proceedings of the November 7, 2011 Regular City Council Meeting administrative building and investigating the possibility of leasing or purchasing new administrative offices. By law, they must have language to this effect in their articles. These documents were prepared by NSSRA’s legal counsel, taken through the NSSRA Legal Committee and then approved as revised by vote by the 13 partner board members, of which Director Van Arsdale serves as the City’s representative. Director Van Arsdale did provide Holland & Knight with these documents as well. Each of the thirteen partner agencies are required to have its authorized Board/City Council approve the Resolution and Amended Articles. RECOMMENDED ACTION: City Council ratification of North Suburban Special Recreation Association Amended Articles and Resolution Ratifying 2011 Amended Articles. 3. Approval of the Minutes from the October 17, 2011 Regular City Council Meeting Alderman Morsch moved, seconded by Alderman Novit to approve the consent agenda as amended. The following voted “Aye” Alderman Novit, Waldeck, Moore, Pandaleon, Morsch, Schoenheider, Palmer, and Adleman. The following voted “Nay’ none. Motion carried. NEW BUSINESS 1. Consideration of a Recommendation from the Historic Preservation Commission to Deny a Request to Amend the Lake Forest Historic District to Remove Old Main, located on Barat Campus, from the District. (Approval of Motion) Catherine Czerniak, Director of Community Development gave a summary to Council regarding the timeline of the property. On October 26, 2011, the Historic Preservation Commission held a public hearing to consider a petition filed by Woodlands Academy with the consent of Harris Bank, the property owner. The petition requests an amendment to the Lake Forest Historic District to remove Old Main from the district. This request was filed in an effort to determine whether a pre-condition to the purchase of Barat Campus by donors, to gain City approval for demolition of Old Main, can be satisfied. As the City Council is aware, on September 20, 2011, Woodlands Academy held a community meeting to announce the intention of anonymous donors to purchase Barat Campus, demolish Old Main, restore the site and ultimately gift the entire campus, as a blank slate, to Woodlands Academy. The gift is intended to reunite the Barat and Woodlands properties into a single campus for uses consistent with the educational mission of Woodlands Academy. The Historic Preservation Commission heard a presentation from representatives of Woodlands Academy and the donors and heard public testimony both in support of and in opposition to the request. After deliberation, the Commission determined that consistent with its purview and based solely on the criteria in the Historic Preservation Chapter of the City Code, the request could not be supported. The Commission voted unanimously to recommend denial of the request to the City Council. Rescission of historic designation and amendments to the boundaries of the local historic district require action by the City Council in the form of an Ordinance. The Historic Preservation Commission serves as a recommending body to the City Council on these matters. 58 Proceedings of the November 7, 2011 Regular City Council Meeting The following people stood before Council to state their opinion of what should happen to the building: 1. Gerald Grossman, Head Master of Woodlands Academy of the Sacred Heart 2. Sandy Ganun 1820 Wildberry Dr. Lake Forest. 3. Gabrielle Cabrielo current Woodlands Academy border student 4. Cynthia Maloney, 445 Deerpath, Lake Forest 5. Suzanne Boran, President of the Board of Directors of the Preservation Foundation 6. Donald Brown, 272 S. Sheridan Rd. Lake Forest 7. Michelle Burgess, 1271 N. Green Bay Rd, Lake Forest 8. Lindsay Pack 178 N. Western Ave Lake Forest current Woodlands Academy student 9. Abby Faschnaut, 451 Beverly, Lake Forest 10. Sr. Nancy Finn Woodlands Academy 11. Pauline Moore, 2000 Knollwood Rd, Lake Forest 12. Resident 745 Northmoor, Lake Forest 13. Ed Whemer 454 Buena, Lake Forest 14. Sr. Reese Woodlands Academy 15. Barry Carroll, 55 N. Mayflower, Lake Forest 16. Rob Lansing, Wisconsin Ave, Lake Forest The Council each took time to express thoughts and concerns regarding this request. Alderman Adelman suggested a subcommittee be formed to assist City Attorney, Victor Filippini. Recommendation: The Historic Preservation Commission recommended denial of the request to amend the Lake Forest Historic District to remove Old Main from the District. Alderman Palmer moved, seconded by Alderman Adelman to direct staff to prepare an Ordinance amending the Lake Forest Historic District as requested with the de-designation of Old Main from the District. Motion was made by voice vote with 7 “Ayes” (Novit, Waldeck, Moore, Morsch, Schoenheider, Palmer, Adelman) and 1 “Nay” (Pandaleon). 2. Resolution approving Highway Authorization Agreement and Supplemental Highway Authorization Agreement and approval of Ordinance prohibiting the use of groundwater near the Shell Station for potable water purposes The Shell Station at 193 Deerpath (the southwest corner of Deerpath and Oakwood) has previously reported to the Illinois Emergency Management Agency one or more releases from underground storage tanks. The Illinois Environmental Protection Agency has determined that these releases will not present hazards to public health so long as certain "institutional controls" are put in place to prevent groundwater from the area from being used as a potable water source. Pursuant to IEPA rules and protocols, Shell has requested the City to adopt an ordinance preventing such groundwater use (which is already the policy under the City Code) and to enter into a "Highway Authorization Agreement" ("HAA"). Because the terms of the HAA are prescribed by IEPA regulations, a Supplemental HAA is also recommended to give the City certain protections and assurances from Shell; the terms of the Supplemental HAA still need to be finalized. 59 Proceedings of the November 7, 2011 Regular City Council Meeting The City has previously entered into HAAs for other gas stations in Lake Forest, and this approach is widely employed throughout the State and the country as a practical means for addressing minor leaks of contaminants from underground tanks. RECOMMENDED ACTION: That the City Council (a) approve the resolution approving the HAA and Supplemental HAA, (b) waive first reading of the ordinance prohibiting the use of groundwater near the Shell station for potable water purposes, and (c) approve the ordinance as presented. Alderman Palmer moved, seconded by Alderman Morsch to approve the resolution approving the HAA and Supplemental HAA in substantially the form with approval from the City Manager and City Attorney. The following voted “Aye”, Alderman Novit, Waldeck, Moore, Pandaleon, Morsch, Schoenheider, Palmer, and Adelman. The following voted “Nay”, None. Motion carries. Alderman Novit moved, seconded by Alderman Palmer to waive first reading of the ordinance prohibiting the use of groundwater near the Shell station for potable water purposes. Motion carries unanimously by voice vote. Alderman Palmer moved, seconded by Alderman Novit to approve the ordinance as presented. The following voted “Aye”, Alderman Novit, Waldeck, Moore, Pandaleon, Morsch, Schoenheider, Palmer, and Adelman. The following voted “Nay”, None. Motion carries. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business, Alderman Palmer moved, seconded by Alderman Schoenheider to adjourn the meeting at 9:53 p.m. The motion carried unanimously by voice vote. Cathryn H. Buerger Deputy City Clerk 60 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2011-_____ An Ordinance Amending the Historic District Boundaries as Established by Chapter 51, “Historic Preservation”, of the City Code of Lake Forest to Remove Old Main on Barat Campus from the District WHEREAS, The City of Lake Forest is recognized as a community of distinctive character and is one of the oldest planned communities in the United States; and WHEREAS, The City of Lake Forest has a long tradition of valuing and protecting its historic character and first initiated legislation to preserve its historic visual character over 50 years ago by establishing the Building Review Board; and WHEREAS, in 1998, The City of Lake Forest adopted Chapter 51, “Historic Preservation" which established criteria and processes for establishing historic districts and designating local landmarks, as well as for rescission of historic designation and amendment of historic districts; and WHEREAS, pursuant to Section 51-12(1) of the City Code, the City Council has previously designated the area of the 1857 plat of the City of Lake Forest, and some properties beyond those boundaries including a portion of the Barat and Woodlands Academy campuses, as a Lake Forest Historic District (the "1857 District"); and WHEREAS, the 1857 District includes at its southwesternmost boundary an area that incorporates the "Old Main" building, including the Thabor wing, of the former Barat College (the "Old Main Area"), which Old Main Area lies generally westerly of the west line of the southwest quarter of the northwest quarter of Section 3, Township 43 north, Range 12 east of the Third Principal Meridian; and WHEREAS, the Old Main Area includes a portion of the current Woodlands Academy campus (the "Woodlands Campus") and a portion of the former Barat College campus (the "Barat Campus"); and WHEREAS, Woodlands Academy was established in Lake Forest in its original form as the Academy of the Sacred Heart in 1904 and has continuously operated in The City of Lake Forest as a respected community educational institution since that time; and WHEREAS, the Academy of the Sacred Heart formerly utilized both the current Woodlands Campus and the Barat Campus as part of a 40-acre educational facility; and WHEREAS, the Barat Campus had been utilized as a college facility since 1918; and WHEREAS, in December, 2004, DePaul University announced its intent to discontinue 61 2 use of the Barat Campus for its educational purposes; and WHEREAS, since DePaul's announcement, The City of Lake Forest has diligently worked to identify an adaptive reuse for the Barat Campus, including one that would preserve Old Main and be compatible with the surrounding area; and WHEREAS, the Barat Community Planning Team, established by former Mayor Preschlack in 2005, recommended reuse parameters for Barat Campus, which were accepted by the City Council, which identified reuse of Barat Campus for an educational purpose as a preferred use; and WHEREAS, since December 2004, no reuse and redevelopment of the Barat campus or Old Main has been able to proceed; and WHEREAS, The City of Lake Forest has a long tradition of supporting long-time, established local institutions including public and private schools, churches, Lake Forest College, and Lake Forest Hospital; and WHEREAS, on September 20, 2011, Woodlands Academy announced that potential benefactors had acquired an option to purchase Barat Campus with the intention of “gifting” it to Woodlands Academy for uses consistent with its educational mission; and WHEREAS, Woodlands Academy has represented that said “gift” is conditioned upon razing of Old Main to allow the 23-acre campus of Barat College to be presented to Woodlands Academy without the design limitations, financial obligations, and use challenges associated with the reuse of the Barat Campus with Old Main; and WHEREAS, Woodlands Academy has further represented that, if Old Main were to remain on the Barat Campus, acceptance of the gift of the property would not be feasible; and WHEREAS, Woodlands Academy, with the consent of the property owner, has submitted an application to the City for the de-designation of the Old Main Area from the 1857 District (the "De-Designation Application"); and WHEREAS, the City's Historic Preservation Commission has conducted a hearing on and considered the De-Designation Application; and WHEREAS, the Historic Preservation Commission did not recommend the De- Designation Application for approval; and WHEREAS, Section 51-10(A) of the City Code recognizes that the City Council, when applying the standards of the Historic Preservation Ordinance, does so "in the context of its broader responsibility in promoting, and broader perspective of, the public health, safety, welfare and in the context of its fiduciary responsibility"; and WHEREAS, the City Council has considered the De-Designation Application, the 62 3 recommendation of the Historic Preservation Commission, as well as the criteria for de- designation set forth in Sections 51-11 and 51-5(B) of the City Code; and WHEREAS, subject to the terms and conditions of this Ordinance as set forth below, the City Council incorporates the foregoing recitals as part of its findings, and the City Council further finds as follows: a. The De-Designation Application has been submitted and processed consistent with the requirements of Chapter 51 of the City Code; b. The 1857 District meets the criteria as an historic district with or without the Old Main Area; c. Without the Old Main Area, at least 50 percent of the properties and structures in the remainder of the 1857 District satisfy at least one of the criteria for Landmark designation set forth in Section 51-5(A); and d. The Old Main Area is an appendage to the 1857 District that includes only one building on a portion of the Barat Campus and artificially extends over a portion of the Woodlands Campus merely to encompass Old Main, and without the Old Main Area, the 1857 District will be more geographically definable and reasonably compact in geographic size; WHEREAS, based on such terms, conditions, and findings, the City Council has determined that the Old Main Area no longer meets the criteria for designation in Section 51- 5(B) and further determines that the rescission of the historic district status of the Old Main Area and its removal from the 1857 District is in the best interest of The City of Lake Forest and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS: SECTION ONE: That the foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Chapter as fully set forth. SECTION TWO: Amendment to Chapter 51, Section 12. Section 12 of Chapter 51 entitled “Historic Preservation” is hereby amended and shall hereafter be and read as follows. (1) The area of the 1857 plat of The City of Lake Forest, known as the Lake Forest Historic District, listed in the National Register of Historic Places in 1976 and defined by the boundaries of such listing with the exception of the area commonly known as a portion of the former Barat Campus lying: westerly of the west line of the of the southwest quarter of the northwest quarter of Section 3, Township 43 north, Range 12 east of the Third Principal Meridian in Lake Forest, County of Lake, State of Illinois, 63 4 is found to meet the criteria for designation in this Chapter and is hereby designated as a Historic District under the provisions of this Chapter. Listed 9/17/1998. Amended 11/21/11 as reflected on Exhibit A. SECTION THREE: This ordinance shall be in full force and effect after: a. its passage, approval, and publication, as provided by law; and b. the approval by the City Council of a special use permit ordinance (the "SUP Ordinance") relating to the Woodlands Campus, which SUP Ordinance must: 1. Incorporate the 23-acre Barat Campus property into the Woodlands Academy campus, in its entirety, and designate the 23 acres for use for educational purposes as defined in the SUP in a manner satisfactory to the City Council; 2. Contain such terms and conditions that are acceptable to the City Council and acknowledge, agreed to, and accepted by Woodlands Academy; 3. Be approved within 12 months of the date that this Ordinance is passed by the City Council; and 4. Specifically provide for the satisfaction of this Section 3(b). Passed this day of , 2011. AYES: NAYS: ABSTAIN: ABSENT: Approved this day of , 2011 Mayor Attest: 64 5 City Clerk 65 THE CITY OF LAKE FOREST RESOLUTION NO. ____________ A RESOLUTION APPROVING RULES CONCERNING PUBLIC COMMENT AND PARTICIPATION WHEREAS, The City of Lake Forest has a long tradition of encouraging and welcoming public comment and participation at meetings of the City's public bodies; and WHEREAS, the Illinois General Assembly has recently amended the Illinois Open Meetings Act, 5 ILCS 120, pursuant to Public Act 96-1473 ("P.A. 96-1473"), which amendment mandates that the public be given the opportunity to address public officials; and WHEREAS, in light of P.A. 96-1473, the City desires to codify its long tradition of providing public access to public officials by adopting "Rules Concerning Public Comment and Participation" (the "Public Comment Rules"), which Rules are attached hereto as Exhibit A; and WHEREAS, the City Council has determined, that formalizing the basic Public Comment Rules for the various public bodies of the City to further encourage public participation in the governance and affairs of the City would be in the best interest of the City and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated in, and made a part of, this Resolution by this reference as findings of the City Council of The City of Lake Forest. SECTION TWO: APPROVAL. The Public Comment Rules are hereby approved. SECTION THREE: EFFECTIVE DATE. This Resolution and the Public Comment Rules shall be in full force and effect upon the passage and approval of this Resolution. The City Clerk is authorized and directed to disseminate the Public Comment Rules in the manner or manners that the Clerk determines are most likely to effectively advance the goal of public 66 2 participation in the affairs of the City. PASSED THIS DAY OF , 2011. AYES: NAYS: ABSENT: APPROVED THIS DAY OF , 2011. _______________________ Mayor ATTEST: ______________________ City Clerk #10759861_v1 67 3 EXHIBIT A Rules Concerning Public Comment and Participation 68 THE CITY OF LAKE FOREST RULES CONCERNING PUBLIC COMMENT AND PARTICIPATION A. AUTHORITY AND APPLICATION: These rules concerning public comment and participation (“Rules”) apply to all public bodies in the City (“Public Bodies”), except that, if a Public Body adopts, or has adopted a more specific protocol or procedure that provides additional opportunities for public comment and participation, the more specific protocol or procedure shall govern and control. The Mayor or Chairperson of the Public Body (“Presiding Officer”) may designate additional time for public comment at a meeting as provided in these Rules, subject to the approval of the Aldermen or Members of the Public Body (“Members”). B. PUBLIC COMMENT AND PARTICIPATION: 1. Rules Governing Public Comment Time. a. The agenda of every regular and special meeting of all Public Bodies shall include a reservation of time near the beginning of the meeting for public comment (“Public Comment Time”). b. Subject to Rule B.1.d, the Presiding Officer shall recognize and allow to speak any person desiring to speak during Public Comment Time. c. Public Comment Time is in addition to, and does not replace, the opportunity for the public to speak during any duly convened public hearing conducted by the Public Body. d. If a person desires to speak during Public Comment Time about a matter that is the subject of a specific agenda item at the same meeting, and public comment will be allowed during that agenda item whether by designation of the Presiding Officer or in the course of a duly convened public hearing, the Presiding Officer may require that person to speak about the matter during the agenda item instead of during Public Comment Time. If no public comment will be allowed during the specific agenda item, then the person will be allowed to speak about the matter during Public Comment Time. e. The total amount of time allocated for Public Comment Time at any meeting shall not exceed 15 minutes, unless determined otherwise by the Presiding Officer. Speakers shall be entitled to address the Public Body on a first-recognized, first-served basis; provided, however, that a speaker may, in advance of a public meeting, request in writing to the Presiding Officer of a Public Body the opportunity to speak at such meeting. In the event that all persons desiring to speak during the Public Comment Time are not able to do so within the time limit allowed, the Presiding Officer shall have the option (but not the obligation) of extending the time allocated for Public Comment Time, either at the point designated 69 2 on the agenda, or at such later point on the agenda, or as the Public Body may otherwise determine. f. No person shall speak during the Public Comment Time for more than four minutes, unless the Presiding Officer designates a longer or shorter time period. Generally, the longer or shorter time period will apply to all persons participating in the Public Comment Time at the same meeting. 2. Rules Governing All Public Comment: a. Each speaker must state his or her name and address in a clear manner so that it can be recorded in the minutes of the meeting. When a location has been designated in the meeting room for speakers to address the Public Body, the speaker must address the Public Body from that location unless the Presiding Officer otherwise allows. b. If a speaker is representing, or speaking on behalf of, an individual, group, or association, the speaker must state the nature of that representation. c. For speakers desiring to use audio or visual equipment in connection with a presentation, arrangements for such use must be made with the City in advance of the meeting. d. In the interest of promoting the efficient conduct of public business, speakers should refrain from repeating their own testimony and comments, and should refrain from repeating testimony and comments that have previously been provided to the Public Body by other individuals. e. Speaker time limits may be enforced by the Presiding Officer. f. No person may be discourteous, belligerent, impertinent, threatening, disparaging, or otherwise uncivil. The Presiding Officer may limit the comments of any person who engages in this conduct. No person may continue to speak after the Presiding Officer has taken the floor from that person. Public comments should be directed to matters within the purview of the Public Body. g. Although the Public Comment Time may be used to address questions to the Public Body, a speaker is not entitled to a response to any such question during the Public Comment Time. h. All questions or statements from the floor must be directed to the Presiding Officer and the Members. All others will be ruled out of order. i. The Presiding Officer shall have the right to interrupt a speaker in order to enforce these Rules or other applicable rules, including parliamentary rules as determined by the Presiding Officer. 70 3 3. Interruptions and Other Disturbances: No person shall interrupt the proceedings of a Public Body or cause any other form of disturbance or disruption. 4. Enforcement: Any person violating the standards of process and decorum set forth in these Rules may be evicted from the premises of the meeting at the order of the Presiding Officer or a majority of the Members, or be subject to other action as deemed necessary by the Presiding Officer and Members. 5. Written submissions. Any person shall have the right at any time to provide written comments to any Public Body or any other City official by addressing those comments to: The City of Lake Forest, c/o City Manager, 220 East Deerpath, Lake Forest IL 60045, and delivering the comments via any of the following methods: i. by personal delivery at the front desk of the City Hall between 8:00 a.m. and 4:30 p.m. Monday through Friday; ii. by mail, courier, or any similar delivery service; iii. by facsimile to (847) 615-4289, or iv. by email to buergerb@cityoflakeforest.com. 6. Publication. These Rules will be made available for public inspection at the front desk of the City Hall between 8:00 a.m. and 4:30 p.m. Monday through Friday. 71