CITY COUNCIL 02/07/2022THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, February 7, 2022
at 6:30pm.
REMOTE ACCESS MEETING
Please be advised that all of the City Council members will be remotely attending this Council
meeting by electronic means, in compliance with the recent amendments to the Open
Meetings Act. The Mayor of the City Council has determined that it is not prudent or practical
to conduct an in-person meeting due to the COVID-19 pandemic and that it is not feasible to
have the City Council members or members of the public physically present at the meeting
due to the pandemic disaster.
The City will be providing members of the public with various opportunities to watch or attend
this meeting, as well as provide public comment at the meeting. For example, members of the
public can participate remotely in the meeting by following the public audience link which will
provide both video and audio means to attend the meeting.
Public Access Link
https://us02web.zoom.us/j/86720917396?pwd=aFhwV3NWL3dnUXNlMGMxaTVpSmUyQT09
Webinar ID: 867 2091 7396
Passcode: 1861
CALL TO ORDER AND ROLL CALL 6:30 p.m.
Honorable Mayor, George Pandaleon
James E. Morris, Alderman First Ward Jim Preschlack, Alderman Third Ward
Jennifer Karras, Alderman First Ward Ara Goshgarian, Alderman Third Ward
Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward
Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1.COMMENTS BY MAYOR
2.COMMENTS BY CITY MANAGER
3.OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL .
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Monday, February 7,2022 City Council Agenda
Members of the public can provide public comment by calling the following number during
the meeting: 847-810-3643
4. COMMITTEE REPORTS
MARKETING COMMITTEE
1. Update on Marketing Committee Initiatives
PRESENTED BY: Marketing Committee Chairman Jennifer Karras
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of January 18, 2022, City Council Meeting Minutes
A copy of the minutes can be found beginning on page 12
COUNCIL ACTION: Approval of January 18, 2022, City Council Meeting Minutes
2. Approval of the Check Register for the Period of January 1-28, 2022
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the
City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on
the City treasury for the payment of all sums due from the City (including all warrants relating
to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments
which denotes the person to whom the warrant is payable. The warrant list detail of invoice
payments shall be presented for review to the Chairperson of the City Council Finance
Committee for review and recommendation. All items on the warrant list detail
recommended for payment by the Finance Committee Chairperson shall be presented in
summary form to the City Council for approval or ratification. Any member of the City Council
shall, upon request to the City Manager or Director of Finance, receive a copy of the warrant
list detail as recommended by the Finance Committee Chairperson. The City Council may
approve the warrant list as so recommended by the Finance Committee Chairperson by a
concurrence of the majority of the City Council as recorded through a roll call vote.
The Council action requested is to ratify the payments as summarized below. The associated
payroll and invoice payments have been released during the check register period noted.
Following is the summary of warrants as recommended by the Finance Committee
Chairperson:
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Monday, February 7,2022 City Council Agenda
The amount denoted as “All other Funds” includes a $1.1 million payment to the
Intergovernmental Risk Management Agency for liability insurance and $609,000 in payments
associated with the City’s Medical/Dental insurance program.
COUNCIL ACTION: Approval of the Check Register for the Period of January 1-28, 2022
3. Approval for an Advancement of Fiscal Year 2023 Capital Equipment Funding to
Purchase One Replacement Marked Police Vehicle Included in the FY2023 Capital
Equipment Budget to the Illinois Department of Central Management Services Low
Bidder, Morrow Brothers Ford, Inc., in the Amount of $39,905.
STAFF CONTACT: Dan Martin, Superintendent of Public Works (847-810-3561)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval for an
advancement of Fiscal Year 2023 Capital Equipment Fund to purchase a replacement
marked police vehicle included in the F.Y. 2023 capital equipment budget. The request for
advancement of FY23 funding stems from the immediate need to replace the Chevrolet
Tahoe that was involved in a rear-end collision in mid-January 2022. It is recommended that
the purchase of the replacement vehicle be made via the Illinois Department of Central
Management Services (CMS) low bidder, Morrow Brothers Ford, Inc. If the bid is awarded by
City Council this evening, staff anticipates receiving the replacement vehicle in mid to late
February 2022.
BACKGROUND/DISCUSSION: The police vehicle recommended by the Public Works Committee
and staff for replacement in FY23 is a Chevrolet Tahoe (Unit#1) that is primarily used as the
evidence technician support vehicle along with various other police patrol duties.
Since summer of 2021, General Motors has cancelled production of all 2022 Chevrolet Tahoe
police pursuit vehicles, giving no specific future date for production. With that, staff sought out
other options and found the Ford’s pursuit rated F-150 Police Responder vehicle to be a
favorable replacement to the Chevrolet Tahoe only to learn that the Ford Motor Company
made the same decision as GM and cancelled production with no return date for production.
Fund Invoice Payroll Total
101 General 520,418 1,656,447 2,176,865
501 Water & Sewer 105,426 192,312 297,738
220 Parks & Recreation 102,609 363,133 465,742
311 Capital Improvements 129,828 0 129,828
202 Motor Fuel Tax 31,746 0 31,746
230 Cemetery 9,581 32,740 42,322
210 Senior Resources 9,332 28,724 38,057
510 Deerpath Golf Course 24,770 2,974 27,744
601 Fleet 98,831 60,633 159,464
416 - 433 Debt Funds 0 0 0
248 Housing Trust 0 0 0
201 Park & Public Land 0 0 0
All other Funds 1,841,726 171,593 2,013,319
$2,874,267 $2,508,557 $5,382,824
Check Register for January 1 - January 28, 2022
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Monday, February 7,2022 City Council Agenda
However, when Unit #1 was critically damaged in January, police staff aggressively began
reaching out to other police agencies to locate a replacement vehicle and found Marrow
Brothers Ford, Inc. who was awarded the 2022 CMS contract for the F-150 Police Responder
vehicles. The purchase of this vehicle would allow the timely replacement of Unit #1 and allow
the police to avoid being without a vehicle for at least 12 to15 months due to production delays.
For at least the past five years the police department has been interested in acquiring the F-150
vehicle for the extra cargo capacity, but when it first came available it was not pursuit rated.
Once it became pursuit rated, like with all new models, staff wanted to wait at least a year
before purchasing it to give Ford an opportunity to address any minor issues. The F-150 Police
Responder has been in use and well-liked by neighboring departments for several years. This
vehicle is an ideal replacement for unit #1 in order to meet the Police Evidence Technician Unit’s
need for a larger cargo capacity to carry additional equipment for processing crime scenes
and to collect evidence (i.e. evidence collection kits, exterior lighting, ladders, supplies, etc.).
The damaged Chevrolet Tahoe is currently being evaluated by the insurance adjuster and will
either be totaled or sent for repairs. If deemed repairable, the vehicle would be transferred to
either the Engineering, Community Development, or used as a pool vehicle. The vehicles will
accrue and additional 20,000–25,000 miles before they are placed out to bid and sold to the
highest bidder.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Public Works Committee November 3, 2021 Reviewed & Recommended City
Council Approval
Finance Committee November 8, 2021 Included with Capital Plan
BUDGET/FISCAL IMPACT: Information regarding the F.Y. 2023 capital equipment purchases was
included in the November 8, 2021 Finance Budget packet. At its November 3, 2021 meeting,
the Public Works Committee specifically reviewed and recommended City Council approval of
each piece included in the F.Y. ’23 capital equipment budget.
Has competitive pricing been obtained for proposed goods/services? No
If no, indicate the specific exception requested: Administrative Directive 3-5, Section 6.1D –
Government Joint Purchase
Below is an estimated summary of squad car budget:
FY2023 Funding Source Amount Budgeted Amount Requested Budgeted?
Y/N
Capital Fund
311-5003-475-75-02
$50,000 $39,905 Y
COUNCIL ACTION: Approval for an Advancement of Fiscal Year 2023 Capital Equipment
Funding to Purchase One Replacement Marked Police Vehicle Included in the FY2023 Capital
Equipment Budget to the Illinois Department of Central Management Services Low Bidder,
Morrow Brothers Ford, Inc., in the Amount of $39,905.
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Monday, February 7,2022 City Council Agenda
4. Consideration of an Ordinance Approving a Recommendation from the Building
Review Board. (First Reading, and if Desired by the City Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: The following recommendation from the Building Review Board is
presented to the City Council for consideration as part of the Omnibus Agenda.
BACKGROUND/DISCUSSION:
1415 Oak Knoll Drive – The Building Review Board recommended approval of a new single family
residence on a vacant lot in the Biltmore Subdivision. No public testimony was presented to the
Board on this petition. (Board vote: 6 - 0, approved)
The Ordinance approving the petition as recommended by the Building Review Board, with key
exhibits attached, is included in the Council packet beginning on page 16. The Ordinance,
complete with all exhibits, is available for review in the Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading
and grant final approval of the Ordinance approving the petition in accordance with the
Building Review Board’s recommendation.
COUNCIL ACTION: Approval of the four (4) omnibus items as presented.
6. OLD BUSINESS
1. Approval of Loan Agreement with the Ragdale Foundation to Borrow $1.5 million
from the City to be paid from Pledge Commitments over a Five-Year Period
PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: The City Council is asked to approve a loan agreement
with The Ragdale Foundation to provide a loan of $1.5 million over a five year period to be
paid from multi-year pledge commitments. This loan was approved in concept by the City
Council on April 5, 2021, with the understanding that the specific terms and loan documents
would return to the City Council for approval at a later date.
BACKGROUND/DISCUSSION: Attached (page 29) please find a March 19, 2021 letter to Mayor
Pandaleon from Barbra Schumann, President of the Board of Trustees for The Ragdale
Foundation. The letter requests City Council consideration of a loan request for $1.5 million, to
be repaid with interest over a five-year period. The Foundation has initiated a capital
campaign seeking $6 million or more in connection with several initiatives. The loan request is
intended to provide bridge financing for pledge commitments that will be paid over time. The
City provided a $2 million loan to The Ragdale Foundation in 2011 which was paid in full.
On April 5, 2021, the City Council approved the loan in concept to allow the City and
Foundation to move forward with preparation of associated documents. Since April, the City
Council has taken related action on the following:
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Monday, February 7,2022 City Council Agenda
• 10/4/21 – Approval of a Purchase and Donation Agreement for property at 1272 N.
Green Bay Road (no cost to the City),
• 12/6/21 – Approval of amendments to the Special Use Permit for Ragdale Located at
1230, 1260 and 1272 N. Green Bay Road, and
• 12/6/21 – Approval of a Second Amendment to the Operating Agreement for the
Ragdale properties.
The Foundation initially requested that the loan be made without requiring collateral based on
their performance in repaying the 2011 loan. The April 2021 approval of the loan in concept
incorporated a staff recommendation for a reduced collateral requirement, seeking collateral
to the extent of an endowment fund through William Blair. In addition, the City would require
the Foundation to provide a quarterly status report of pledge commitments and payments, as
these are the designated source of payment of the loan.
Since April 2021, the City Attorney and City staff have worked with representatives of The
Ragdale Foundation to prepare the proposed loan agreement and attachments for City
Council consideration (beginning page 31). Notable provisions of the proposed loan
agreement are as follows:
• Term: To provide maximum flexibility to The Ragdale Foundation on drawing down loan
proceeds, the loan agreement provides for a three-year borrowing term that
anticipates no more than five (5) draws up to a total of $1.5 million. At the completion
of the three-year borrowing term or draw of the full $1.5 million – whichever occurs first –
a five-year repayment period would be initiated with 20% of the loan principal paid
each year on or before March 15.
• Interest Rate: The loan will bear interest at 2.0% and interest would accrue as of the first
draw of loan proceeds. Interest payments will be made quarterly beginning with the
quarterly date immediately following the first draw on the loan.
• Collateral/Loan Security: The Ragdale Foundation has secured collateral from its
Chicago Community Trust endowment fund. As a condition of the first loan draw and
throughout the duration of the loan, collateral will be provided at the lesser of: 1) $1
million, or 2) the amount of outstanding principal. Should the Foundation draw the full
amount of the loan, $500,000 in loan principal would be unsecured. A reduced level of
collateral was anticipated when the loan was approved in concept based on the
Foundation’s repayment performance on the previous loan from the City. It is also
noted that Ragdale is improving City-owned property at no expense to the City.
• Use of Proceeds: Loan proceeds will be used only for capital projects.
• Financial Reports: Through the loan period, the Foundation will provide quarterly
financial reports and a report of fundraising pledge commitments.
The Ragdale Foundation Board approved the loan agreement on January 18, 2022.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council 4/5/21 Approval of Loan in Concept
BUDGET/FISCAL IMPACT: The recommendation is for the City Council to approve the proposed
loan agreement for a $1.5 million loan with a three-year borrowing term followed by a five (5)
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Monday, February 7,2022 City Council Agenda
year repayment period at 2.0% interest. The loan would be made from General Fund reserves
and quarterly interest payments would be deposited to the General Fund.
COUNCIL ACTION: Approval of Loan Agreement with the Ragdale Foundation to Borrow $1.5
million from the City to be paid from Pledge Commitments over a Five-Year Period
7. NEW BUSINESS
1. Consideration of Ordinances Approving Code Amendments to Allow Mobile Food
and Beverage Vendors to Operate in the City of Lake Forest as Part of Special
Community Events and Establishing a Permit Fee. (First Reading)
PRESENTED BY: Catherine Czerniak,
Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: Following up on the success of the pilot program approved by
the City Council last year to permit mobile food and beverage vendors (“food trucks”) to operate in
the City with certain limitations, Council consideration of continuing this initiative on an ongoing
basis is requested.
BACKGROUND/DISCUSSION:
In spring 2021, the City Council directed staff to develop a pilot program to allow mobile food
and beverage vendors in Lake Forest with certain limitations. In summary, the Council offered
the following comments in support of this initiative:
Allowing mobile food and beverage vendors to participate in various community
events adds a festive character, diversity, and vitality to the community.
Opportunities for mobile food and beverage vendors should be balanced with the
desire of the Council to continue to support local restaurants and local food and
beverage businesses.
During the pilot program in 2021, the City issued 17 annual licenses to mobile food and
beverage vendors. Of those, seven were to local businesses including: Rosati’s, Left Bank, The
Gallery, Donati’s, Lake Forest Meat & Seafood, Sunset and The Forester Hotel. As approved by
the Council, fees for a mobile food and beverage license were waived for local businesses
already operating under City issued health licenses. The other ten mobile food and beverage
licenses were issued to non-local businesses for an annual fee of $100.00.
Last year, many special community event coordinators including various not for profit
organizations as well as City departments, incorporated the licensed vendors into their events.
Word of the opportunity for mobile food and beverage vendors to participate in events in
Lake Forest appears to be spreading. Since the first of the year, staff has received numerous
calls from business owners and vendors wishing to apply to a 2022 mobile food and beverage
license.
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Monday, February 7,2022 City Council Agenda
What We Learned
Over the course of last year’s program staff learned that:
The term “Food trucks” does not accurately characterize the range of options mobile
food and beverage vendors use to offer products. As a result, to invite vendors of
various types to participate, the broader term “Mobile Food and Beverage License” is
recommended.
Responsibility for providing receptables for recycling and trash needs to be clearly
determined between the coordinator of the special event and the mobile vendor.
A list of licensed vendors needs to be actively promoted by the City to those in the
community who plan and manage special events.
Special event applications need to be revised to require event coordinators to identify
participating mobile food vendors at the time of application for a special event permit
to assure adequate time for vendors to obtain a City license if they are not currently a
license holder.
Code Amendments
Amendments are proposed to Sections 113.21, Permits and Licenses; 117.05, Sales from
Vehicles; and 117.20, Transient Merchants and Itinerant Vendors, to clarify that the provisions in
those sections do not apply to mobile food and beverage vendors. New Sections, 120.01
through 120.03 are proposed to specifically address mobile food and beverage vendors
including definitions, license and fee requirements and operations. The Ordinance reflecting
the proposed amendments is included in the Council’s packet beginning on page 45.
Permit Fee
An administrative permit processing and inspection fee of $100.00 is recommended with a
waiver of the fee for local restaurants and food and beverage businesses that already hold an
annual City of Lake Forest Health License. The Ordinance establishing the license fee is
included in the Council packet beginning on page 49. For information, the cost of annual
Health Licenses for local businesses ranges from $250.00 to $600.00 depending on the type of
business.
COUNCIL ACTION: If desired by the Council, grant first reading of two Ordinances:
1) An Ordinance approving amendments to Sections 113.21, 117.05, 117.20(B) and the
addition of new Sections 120.01 through 120.03.
2) An Ordinance establishing a permit fee for Food Trucks.
2. Discussion and Direction on Whether to Establish Regulations, Requirements or
Parameters Regarding Flavored Tobacco and Electronic Cigarette Products. (No
Action Requested – Discussion and Direction Only)
PRESENTED BY: Jason Wicha, City Manager (810-3670)
PURPOSE AND ACTION REQUESTED: At the request of the Mayor, the subject of flavored
tobacco/vaping products is presented to the Council for discussion and direction. If so directed by
the City Council, staff will work with the City Attorney to prepare draft amendments, regulations or
policies for further review and public discussion at a future meeting date.
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Monday, February 7,2022 City Council Agenda
BACKGROUND/DISCUSSION: At the December 6, 2021 City Council meeting, students from
Lake Forest High School (LFHS) made a presentation to the Council addressing the health and
safety issues surrounding the use of flavored tobacco products, including flavored vaping
liquids. The students, who worked in partnership with the Lake County Department of Public
Health (LCDPH), encouraged the City Council to consider an ordinance banning the sale of
flavored tobacco products and vaping liquids in Lake Forest. Additional public health context
on this issue can be found in the presentation provided by these students, beginning on page
52. The students plan to present additional information to the City Council on this topic during
the meeting.
City staff have reached out to current Tobacco License holders to notify them that a
presentation on this topic is scheduled for discussion by the City Council and invited them to
provide their comments or testimony during the meeting.
Information provided in the packet is being provided preliminarily for the purpose of
facilitating a high-level discussion by the full City Council on whether there is interest in having
the City staff and City Attorney pursue this topic further.
Based on the Council’s discussion and direction provided, staff will work with the City Attorney
to provide a further summary of the City’s current regulations, answers to additional questions
the Council may have, or draft amendments which reflect direction provided by the City
Council on this issue to present at a future City Council meeting.
COUNCIL ACTION: Provide high level direction to City staff and the City Attorney regarding
flavored tobacco products
8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS
9. ADJOURNMENT
A copy of the Decision Making Parameters is included beginning on page 10 of this packet.
An instruction guide on how to participate at a City Council meeting is included beginning on
page 11.
Office of the City Manager February 2,2023
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
Act of 1990. Individuals with disabilities who plan to attend this meeting and who require
certain accommodations in order to allow them to observe and/or participate in this meeting,
or who have questions regarding the accessibility of the meeting or the facilities, are required
to contact City Manager Jason Wicha, at (847) 234-2600 promptly to allow the City to make
reasonable accommodations for those persons.
9
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THE CITY OF LAKE FOREST
DECISION-MAKING PARAMETERS FOR CITY COUNCIL,
AND APPOINTED BOARDS & COMMISSIONS
Adopted June 18, 2018
The City of Lake Forest Mission Statement:
"Be the best-managed, fiscally-responsible and appealing community and promote a community
spirit of trust, respect and citizen involvement. "
The Lake Forest City Council, with the advice and recommendations of its appointed advisory
Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy
formulation and approval. Implementation of adopted strategy, policy, budgets, and other
directives of Council is the responsibility of City Staff, led by the City Manager and Senior
Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should
address matters in a timely, deliberate, objective and process-driven manner, making decisions
guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes,
policies and procedures, and the following parameters:
. Motions and votes should comprise what is in the best long-term interests of all Lake
Forest citizens, measured in decades, being mindful of proven precedents and new
precedents that may be created.
. All points of view should be listened to and considered in making decisions with the
long-term benefit to Lake Forest's general public welfare being the highest priority.
. Fundmg decisions should support effectiveness and economy in providing services
and programs, while mindful of the number ofcidzens benefittmg from such
expenditures.
. New initiatives should be quantified, qualified, and evaluated for their long-tenn merit
and overall fiscal unpact and other consequences to the community.
. Decision makers should be proactive and timely in addressing sto-ategic planning
initiatives, external forces not under control of the City, and other opportunities and
challenges to the community.
Community trust in, and support of, government is fostered by maintaining the integrity of these
decision-making parameters.
The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an
annual basis and shall be included on all agendas of the City Council and Boards and Commissions.
10
CITY COUNCIL – REMOTE ACCESS MEETING GUIDE
Rules:
An online guide to using Zoom is available here
Participants can join using the Zoom application, using the call in number located at the
top of the agenda, or can stream the meeting live via YouTube.
All Participants should use their real name (first and last) to identify themselves in the
meeting.
Public Participation:
Please wait to be recognized by a staff member, and the Mayor prior to making your
comment.
If you would like to address your public comment to the City Council live, you can use
one of two options
o The Raise hand function via the zoom application.
If you are using the raise hand function, wait to be
promoted to turn on your microphone to make a
comment. There is a slight delay after you are promoted.
You can then unmute yourself and address your
comments to the City Council.
o Calling the public comment line at 847-810-3643
If you are calling the public comment line, be sure to step away from your
computer or TV, where you are watching the meeting, to avoid feedback.
Device Audio Connection
Ideal Zoom app on a desktop
or Laptop
A headset with
microphone
Wired connection via
Ethernet
Better Zoom app on a mobile
phone or tablet
A headset (using built-in
microphone) Using a
phone to dial in
Connected Wirelessly via
WiFi
Okay Calling into conference
line (without Zoom app)
Computer speakers (using
built-in microphone)
Speakerphone on phone
Connected via 4G / LTE
(cellular data)
Using a phone to dial in
Tips
Make sure your device is
fully charged and you
have access to Zoom on
your device
When Participating, pick a
quite space to avoid any
background noise
If you have to use WiFi,
try to pick a workspace
close to your router.
11
The City of Lake Forest
CITY COUNCIL MEETING
Proceedings of the Tuesday, January 18, 2022
City Council Meeting - City Council Chambers
REMOTE ACCESS MEETING
CALL TO ORDER AND ROLL CALL: Honorable Mayor Pandaleon called the meeting to order at 7:23pm, and
the City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Pandaleon, Alderman Morris, Alderman Karras, Alderman Rummel, Alderman
Notz, Alderman Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber.
Absent: none
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE was recited.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Pandaleon made the following statement as required by the Open Meetings Act. In accordance with
state statute, Mayor Pandaleon has made a determination that it was not practical or prudent to schedule
an in-person City Council meeting because of the COVID-19 pandemic, which is why this January 18, 2022,
City Council meeting is being held remotely.
A. 2022-2023 Board and Commission Appointments and Reappointment’s
HISTORIC PRESERVATION COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Geoffrey Hanson APPOINT 2
COUNCIL ACTION: Approve the Mayor’s 2022-2023 Board and Commission Appointments and
Reappointment’s.
Alderman Rummel made a motion to approve the Mayor's Appointments and Reappointments, seconded by
Alderman Notz. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack,
Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried.
Mayor Pandaleon made a brief statement on a current state statute that is impacting the City regarding
public comments.
COMMENTS BY CITY MANAGER
A. Community Spotlight
Northwestern Lake Forest Hospital
- Thomas McAfee, Senior Vice President, Northwestern Memorial HealthCare &
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Proceedings of the Tuesday, January 18, 2022
Regular City Council Meeting
President, North and Northwest Regions, and
- Seamus Collins, Vice President of Operations, Northwestern Lake Forest Hospital
City Manager, Jason Wicha, introduced Tom McAfee, Senior Vice President of Northwestern Memorial
Hospital, and Seamus Collins, Vice President of Operations, to provide an update on the current state of the
hospital, and a look forward into future initiatives.
Mr. McAfee began the presentation by providing an update regarding COVID-19 and its impact on the
hospital. He provided an in-depth analysis of the COVID-19 cases and compared the success that Lake Forest
Hospital has had, with lower COVID-19 admissions, and overall treatment for COVID-19 patients. Mr.
McAfee also presented new technological advances that have provided the opportunity to deploy new skills
an expertise at the hospital.
Additionally, Mr. McAfee presented on the Northwestern Lake Forest Hospital Campus Master Plan, the
completion of elements of the plan, and shared a timeline including future elements of the master plan.
Mr. Collins provided detailed background regarding the phased deployment of the master plan including the
organization of the campus, additional structured parking, and hospital expansion on the central campus.
The City Council asked clarifying questions including hospital utilization and capacity limits, and education
regarding COVID-19.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
Members of the public can provide public comment by calling into the following number during the
meeting: 847-810-3643
Rommy Lopat offered feedback to the City Council regarding the following:
• Protection for residents testifying at public hearings.
• Provide support to commissioners regarding OMA rules.
• City Code language regarding removal of City officers.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE
1. Deerpath Streetscape Overview
- Jim Lockefeer, Assistant to the Direct of Public Works
Assistant to the Director of Public Works, Jim Lockefeer, provided a brief presentation regarding the
Deerpath Streetscape project. He began the presentation by stating the timeline of the project, including
the Beautification Committee discussion regarding the project, Public Works Committee discussion, and the
transition to the design and construction of the project. Mr. Lockefeer further explained the transition to
the next phase of the project, and grant funds that will be included in the completion of the project.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of December 6, 2021, City Council Meeting Minutes
2. Approval of the Check Register for the Period of November 27 – December 31, 2021
13
Proceedings of the Tuesday, January 18, 2022
Regular City Council Meeting
3. Award of Bid for a Three-Year Elevator Maintenance Agreement to American Hoist & Manlift
in the Amount of $38,880
4. Approval of Construction Assistance Services for both the Illinois and Woodland Pedestrian
Bridge Replacements to Wiss, Janney, Elstner Associates, Inc., and Authorize the City
Manager to Execute an Agreement in an Amount Not to Exceed $39,880
5. Approval of a Recommendation from the Public Works Committee to Award the Deerpath
Streetscape Phase II Project Design Proposal to Thomas Engineering Group in the Amount of
$372,758 plus 10% Contingency in the Amount $37,275 for a Total of $410,033 and the
Advancement of Fiscal Year 2023 Capital Improvement Project Funding in the Amount of
$55,000
COUNCIL ACTION: Approval of the five (5) Omnibus items as presented
Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately.
Seeing none, he asked for a motion. Alderman Karras made a motion to approve the five (5) Omnibus items
as presented, seconded by Alderman Rummel. The following voted “Aye”: Alderman Morris, Karras,
Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 0
Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
OLD BUSINESS
NEW BUSINESS
1. Approval of a loan agreement between The City of Lake Forest and The American Legion
McKinlock Post 264, in the Amount of $37,500.00.
Superintendent of Recreation, Joe Mobile, provided a brief overview of the project, stating the key changes
in the construction plan, including changes to the new entrances. Mr. Mobile further explained the loan
agreement with the American Legion, and the repayment period of the loan.
Mr. Mobile summarized the next steps for the American legion, which include signing with Timeless
Creations and launching a fundraising campaign to pay the loan amount back to the City.
COUNCIL ACTION: Approval of a loan agreement between The City of Lake Forest and The American
Legion McKinlock Post 264, in the Amount of $37,500.00.
Alderman Preschlack made a motion to approve the loan agreement between The City of Lake Forest and
The American Legion McKinlock Post 264, in the Amount of $37,500.00, seconded by Alderman Notz. The
following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and
Weber. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS
14
Proceedings of the Tuesday, January 18, 2022
Regular City Council Meeting
ADJOURNMENT
There being no further business Mayor Pandaleon asked for a motion. Alderman Notz made a motion to
adjourn, seconded by Alderman Goshgarian. Motion carried unanimously by voice vote at 8:28 pm.
Respectfully Submitted
Margaret Boyer, City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s
office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want
To, then click on View, then choose Archived Meetings Videos.
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Page 1 of 14
LOAN AGREEMENT
Dated as of _________, 2022
This Agreement is between THE RAGDALE FOUNDATION, an Illinois not-for-profit
corporation ("Borrower"), and THE CITY OF LAKE FOREST, a municipal corporation
chartered under the laws Illinois State Legislature in 1861 and 1869 and operating under the home-
rule provisions of Article VII, Section 6 of the Illinois Constitution ("Lender"), with its City Hall
at 220 East Deerpath Road, Lake Forest, Illinois 60045.
SECTION 1 . LOAN
SECTION 1.1. LOAN. Subject to the terms and conditions of this Agreement, Lender
agrees to make loans to Borrower (collectively, the "Loan") from time to time beginning on
_________, 2022 (the "Commencement Date") in advances as set forth herein in an aggregate
amount not to exceed a total loan amount of $1,500,000.00 (the "Commitment") for the
implementation of the improvement plan for the Ragdale Campus generally described on Exhibit
A (the "Project") and for other capital expenditures for the Ragdale Campus. Borrower may make
draws on the Loan for a period of three years from the Commencement Date, unless extended by
the Corporate Authorities of the Lender ("Borrowing Term"). Borrower may draw moneys from
the Loan on a monthly basis during the Borrowing Term, in accordance with the terms and
conditions contained in this Agreement, including without limitation Section 1.3.
SECTION 1.2. PROMISSORY NOTE. The Loan, and any advances of the Loan, shall be
evidenced by a promissory note (the "Note"), substantially in the form of Exhibit B, with
appropriate insertions, dated the date hereof, payable to the order of Lender and in the original
principal amount of the Commitment. Lender may at any time and from time to time at Lender's
sole option attach a schedule (grid) to the Note and endorse thereon notations with respect to
each advance of the Loan specifying the date and principal amount thereof, the interest rate
(which shall be the Loan Rate), and the date and amount of each payment of principal and interest
made by Borrower with respect to the Loan. Upon request, Lender shall provide Borrower with
a copy of such grid, if any. Lender's endorsements as well as its records relating to the Loan shall
be rebuttably presumptive evidence of the outstanding principal and interest on the Loan, and,
in the event of inconsistency, Lender's records shall prevail over any records of Borrower and
any written confirmations of the amount of the Loan giv en by Borrower. The principal of the
Note and all interest due thereon shall be payable in accordance with the terms of this Agreement,
but in no event later than eight years after the Commencement Date .
SECTION 1.3. BORROWING PROCEDURE. Whenever Borrower desires to draw
moneys under this Agreement, but not more often than once per month during the Borrowing
Term and in five or fewer increments of no less than $200,000.00 each increment, it shall deliver
to Lender a written request to draw a specific amount signed by two persons authorized to act on
behalf of Borrower. Lender shall make funds available to Borrower not later than 30 days after
any such request is made.
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SECTION 2. INTEREST AND FEES
SECTION 2.1. INTEREST RATE. Borrower agrees to pay interest on the unpaid
principal amount of the Loan from time to time outstanding hereunder at a rate of 2.0% (the "Loan
Rate").
SECTION 2.2. INTEREST PAYMENT DATES. Interest due on the Loan shall be payable
quarterly on December 15, March 15, June 15, and September 15, commencing on the quarterly
date immediately following the first draw on the Loan. Such interest will be for the accumulated
interest on outstanding amounts through March 1 for any interest payment date of March 15,
through June 1 for any interest payment date of June 15, through September 1 for any interest
payment date of September 15, and through December 1 for any interest payment date of
December 15. The Lender will issue invoices to the Borrower at least ten (10) days before any
interest payment date, but Lender's failure to issue such invoices shall not affect Borrower's
obligation to pay outstanding interest due or the time within which such interest payment is due.
SECTION 2.3. BASIS OF COMPUTATION. Interest shall be computed for the actual
number of days elapsed on the basis of a year consisting of 365 days, including the date any
disbursement of the Loan is made and excluding the date the Loan or any portion thereof is paid
or prepaid. Interest will accrue only on the outstanding amounts of the Loan.
SECTION 3. PAYMENTS AND PREPAYMENTS
SECTION 3.1. PRINCIPAL PAYMENTS. Principal payments on the Loan must be made
in five annual installments each equal to one-fifth (1/5) of the outstanding principal balance of the
Loan at the expiration of the Borrowing Term. The first principal payment will be due on or before
March 15th following the earlier of (i) the date that Borrower receives the final draw on the Loan
or (ii) the expiration of the Borrowing Term, and subsequent Principal payments will be due
annually on or before each March 15th thereafter until the entire amount of the Loan is paid in full.
Final payment of all principal on the Loan, as well as any outstanding interest or other amounts on
the Loan, shall be due no later than (a) five years from the date that Borrower receives its final
draw on the Loan, if Borrower draws the entire Loan amount, or (b) eight years from the
Commencement Date, if Borrower does not draw the entire Loan amount.
SECTION 3.2. PREPAYMENTS. Borrower may prepay the principal and any outstanding
interest on the Loan, in whole or in part, at any time without penalty or premium.
SECTION 3.3. LATE PAYMENTS. In the event that the Borrower fails to deliver payment
to the Lender on any interest payment date or principal within ten (10) days of the payment date
therefor, other than repayment of the principal of the Loan upon maturity or acceleration, the
Borrower will be required to pay the Lender a fee charge of ONE HUNDRED and NO/100
UNITED STATES DOLLARS ($100.00) per each ten (10) day period such payment is late.
SECTION 3.4. NONPAYMENT. In the event that the Borrower fails to make a payment
in full within ninety (90) days after any interest payment date or principal payment date, the full
amount of the principal and interest on the Loan (as well as any outstanding late charges) will, at
the Lender's option, become immediately due and payable, and the Lender may demand immediate
payment for all outstanding amounts from the Pledged Amounts (as hereinafter defined). In the
event that the Pledged Amounts are insufficient to repay all outstanding amounts, the balance will
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remain an obligation of the Borrower and will accumulate interest at a rate of 150% of the Loan
Rate.
SECTION 4. REPRESENTATIONS AND WARRANTIES
To induce Lender to make the Loan and each advance thereof, Borrower represents and
warrants to Lender that:
SECTION 4.1. ORGANIZATION. Borrower is a not-for-profit corporation organized
under the laws of the State of Illinois.
SECTION 4.2. AUTHORIZATION: NO CONFLICT. The execution, delivery and
performance of this Agreement; the Note, and all related documents and instruments: (a) are
within Borrower's powers; (b) have been authorized by all necessary corporate action; (c) do not
and will not contravene or conflict with any provision of law or charter or by-laws of Borrower
or any agreement affecting Borrower or its property; and (d) have been executed by duly
authorized representatives of Borrower.
SECTION 4.3. FINANCIAL STATEMENTS. Borrower has supplied and will continue
to supply to Lender copies of Borrower's audited financial statements on an annual basis. Such
statements that have been furnished to Lender have been prepared in conformity with generally
accepted accounting principles applied on a basis consistent with that of the preceding fiscal year
and fairly present the financial condition of Borrower as at such dates and the results of their
operations for the respective periods then ended. Since the date of those financial statements, no
material, adverse change in the business, condition, properties, assets, operations, or prospects of
Borrower has occurred of which Lender has not been advised in writing before this Agreement
was signed.
SECTION 4.4. EXISTENCE, MERGERS, ETC. Borrower shall preserve and maintain
its corporate existence and will not liquidate, dissolve, or merge, or consolidate with or into any
other entity, or sell, lease, transfer, or otherwise dispose of all or a substantial part of its assets
other than in the ordinary course of business as now conducted.
SECTION 4.5. REPORTS, CERTIFICATES AND OTHER INFORMATION.
Borrower shall furnish (or cause to be furnished) to Lender:
(a) Interim Reports. Within forty-five (45) days after the end of each quarter of each fiscal
year of Borrower : (i) a copy of the statements for the Pledged Amounts (as hereinafter defined),
(ii) a copy of an unaudited financial statement of the Borrower's general fund prepared on a budget-
to-actual basis, signed by an authorized officer of Borrower and consisting of at least: (I) a balance
sheet as at the close of such quarter; and (II) a source and application of funds for such quarter and
for the period from the beginning of such fiscal year to the close of such quarter and (iii) a report
of the Borrower’s fundraising pledge commitments.
(b) Comprehensive Annual Financial Report. Within one hundred eighty (180) days after the
end of each fiscal year, a copy of the comprehensive annual financial report prepared in conformity
with generally accepted accounting principles applied on a basis consistent with the financial
statements of Borrower referred to in Section 4.5(a) above, duly certified by independent certified
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public accountants of recognized standing satisfactory to Lender, accompanied by an opinion
without significant qualification.
SECTION 4.6. USE OF PROCEEDS. The proceeds of the Loan shall be used to provide
funds for the implementation of the Project and for other capital expenditures for the Ragdale
Campus. All contracts utilizing proceeds from the Loan for performing work on the Project shall
be subject to the Illinois Prevailing Wage Act, 820 ILCS 130. Borrower shall be required to comply
fully with the Prevailing Wage Act and prepare, deliver, and retain all records required thereunder.
SECTION 4.7. COMPLIANCE WITH LAW. The Project shall be conducted pursuant to
all appropriate permits and in accordance with The City of Lake Forest City Code, ordinances,
regulations, and procedures, as well as all applicable laws and regulations of other governmental
authorities. The Lender agrees to waive all building inspection and permit fees in connection with
the Project.
SECTION 4.8. INSURANCE. Borrower has secured and will maintain all insurance it is
required to secure and maintain with respect to the Ragdale Campus and the Project in accordance
with the Operating Agreement and Restated and Amended Agreement Relating to the Ragdale
Properties between the Lender and Borrower, as those Agreements may be amended from time-
to-time (collectively, the "Ragdale Agreements"). Borrower represents that during any periods in
which construction is being conducted on the Ragdale Campus it will secure and maintain (all at
no cost to Lender) builder's risk insurance coverage in an amount not less than [$2,000,000], which
policy shall name the Lender as an additional insured under such policy. Borrower must provide a
certificate of insurance to the Lender prior to commencement of any construction project on the
Ragdale Campus.
SECTION 5. CONDITIONS OF LENDING
SECTION 5.1. DOCUMENTATION; SECURITY; REPRESENTATIONS; NO DEFAULT.
The obligation of Lender to make the Loan or any advance thereof is subject to the following
conditions precedent:
(a) Initial Documentation. Lender shall have received all of the following promptly upon the
execution and delivery hereof, each duly executed and dated the date hereof, in form and substance
satisfactory to Lender and its counsel, at the expense of Borrower, and in such number of signed
counterparts as Lender may request (except for the Note, of which only the original shall be
signed):
(i) Note. The Note in the form of Exhibit B, with appropriate insertions;
(ii) Certificate of No Default. A certificate signed by an appropriate officer or the
Executive Director of Borrower to the effect that: (A) no Event of Default has
occurred and is continuing or will result from the making of any draw under the
Loan; and (B) the representations and warranties of Borrower contained herein are
true and correct as at the date of each draw under the Loan as though made on that
date; and
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(iii) Miscellaneous. Such other documents and certificates as Lender may reasonably
request, provided that such documents and certificates are consistent with the terms
of this Agreement.
(b) Loan Security. As security on the Loan and as a condition to the first draw under the Loan,
the Borrower shall pledge the Pledged Amounts (as hereinafter defined) from the Borrower's
funds held by Chicago Community Trust in Borrower's investment account (the "Pledged
Account").
(i) For so long as the Loan is outstanding, the Pledged Amounts (1) except as approved
by Lender in its sole discretion, may be used for no other purpose than as security for the
Loan, and (2) must be evidenced by a letter signed by an authorized agent in substantially
the form as attached in Exhibit C and approved by the Lender's attorney. The Lender
acknowledges receipt of the signed letter in the form of Exhibit C.
(ii) In the event of nonpayment as described in Section 3.4 above, the Lender will seek
recovery of the outstanding amounts first from funds raised by the Borrower for the Project
(fundraising), then from the Pledged Amounts for any remainder balance.
(iii) For the sake of clarity, it is acknowledged and agreed that funds in the Pledged
Account in excess of the Pledged Amounts shall not be security for the Loan or subject to
Lender's security interest or control.
The "Pledged Amounts" shall mean, on the date of any determination, the lesser of (a) $1,000,000
(subject to fluctuations in such principal amount from time to time as a result of the investment
of such funds as permitted by the documentation governing the Pledged Account), or (b) the
outstanding principal balance of the Loan.
Lender acknowledges and agrees that Borrower shall be entitled to receive and to use the quarterly
(or more frequent) dividends or other distributions made by the Chicago Community Trust to
Borrower on behalf of Borrower's investments, so long as such dividends or distributions are not
returns of the principal of Borrower's investment reducing the balance of the Pledged Account
below the required Pledged Amounts.
(c) Representations and Warranties True. At the date of each advance of the Loan, Borrower's
representations and warranties set forth herein shall be true and correct as of such date as though
made on such date.
(d) No Default. At the time advance of the Loan, and immediately after giving effect to each
such advance of the Loan, no Event of Default shall have occurred and be continuing, nor would
an Event of Default result from the making of such advance of the Loan.
SECTION 5.2. AUTOMATIC UPDATE OF REPRESENTATIONS AND WARRANTIES
AND NO DEFAULT CERTIFICATE; CERTIFICATE AT LENDER'S OPTION. The request
by Borrower for any advance of the Loan shall be deemed a representation and warranty by
Borrower that the statements in subsections (c), and (d) of Section 5.1 are true and correct on and
as of the date of such Loan advance. Upon receipt of each request to fund an advance of the Loan,
Lender in its sole discretion shall have the right to request that Borrower provide to Lender, prior
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to Lender's funding of such advance of the Loan, a certificate executed by an appropriate officer
or the Executive Director of Borrower to such effect.
SECTION 6. DEFAULT
SECTION 6.1. EVENTS OF DEFAULT. The occurrence of any of the following shall
constitute an "Event of Default":
(a) failure to pay within ninety (90) days of the due date therefor, any principal, interest or other
amounts payable hereunder or under the Note;
(b) failure of Borrower to perform any other covenant or obligation under this agreement, which
failure is not cured within thirty (30) days after receipt of notice of such failure, provided,
however, if such failure is capable of cure but cannot reasonably be cured within such thirty (30)
day period, and provided Borrower shall have commenced to cure such failure within such thirty
(30) day period and thereafter diligently proceeds to cure the same, such thirty (30) day period
shall be extended for an additional thirty (30) days;
(c) any event of default (after expiration of any applicable grace or cure period) shall occur or
continue under any other instrument, document, note or agreement delivered to Lender in
connection with this Agreement, or any such instrument, document, note or agreement shall not
be, or shall cease to be, enforceable in accordance with its terms;
(d) any representation, warranty, schedule, certificate, financial statement, report, notice, or
other writing furnished by or on behalf of Borrower to Lender is false or misleading in any
material respect on the date as of which the facts therein set forth are stated or certified;
(e) any bankruptcy, insolvency, reorganization, arrangement, readjustment, liquidation,
dissolution, or similar proceeding, domestic or foreign, is instituted by or against Borrower; or
Borrower takes any steps toward, or to authorize, such a proceeding; or
(f) Borrower becomes insolvent, generally fails or is unable to pay its debts as they mature,
admits in writing its inability to pay its debts as they mature, makes a general assignment for the
benefit of its creditors, enters into any composition or similar agreement, or suspends the
transaction of all or a substantial portion of its usual business.
SECTION 6.2. DEFAULT REMEDIES.
(a) Upon the occurrence and during the continuance of any Event of Default specified in Section
6.1 (a)-(d), Lender at its option may declare the Note (principal, interest and other amounts) and
any other amounts owed to Lender pursuant to this Agreement or any documents delivered in
conjunction with thus Agreement immediately due and payable without notice or demand of any
kind. Upon the occurrence of any Event of Default specified in Section 6.1 (e)-(f), the Note
(principal, interest and other amounts) and any other amounts owed to Lender pursuant to this
Agreement or any documents delivered in conjunction with thus Agreement shall be immediately
and automatically due and payable without action of any kind on the part of Lender. Upon the
occurrence and during the continuance of any Event of Default, the Lender will seek recovery of
the outstanding amounts pursuant to Section 5.1(b)(iii) above, and any obligation of Lender to
make any additional advance of the Loan shall immediately and automatically terminate without
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action of any kind on the part of Lender, and Lender may exercise any rights and remedies under
this Agreement, the Note, any related document or instrument, and at law or in equity.
(b) Lender may, by written notice to Borrower, at any time and from time to time, waive any
Event of Default, which shall be for such period and subject to such conditions as shall be
specified in any such notice. In the case of any such waiver, Lender and Borrower shall be restored
to their former position and rights hereunder, and any Event of Default so waived shall be deemed
to be cured and not continuing; but no such waiver shall extend to or impair any subsequent or
other Event of Default. No failure to exercise, and no delay in exercising, on the part of Len der
of any right, power or privilege hereunder shall preclude any other or further exercise thereof
or the exercise of any other right, power or privilege. The rights and remedies of Lender herein
provided are cumulative and not exclusive of any rights or remedies provided by law.
SECTION 7. PAYMENTS, ETC.
All payments hereunder shall be made in immediately available funds, and shall be applied
first to late charges, then to accrued interest, and then to principal; however, if an Event of Default
occurs, Lender may, in its sole discretion, and in such order as it may choose, apply any payment
to interest, principal and/or lawful charges and expenses then accrued. Borrower shall receive
credit on payments received after clearance through normal banking channels. All payments shall
be made without deduction for or on account of any present or future taxes, duties or other charges
levied or imposed on this Agreement, the Note, the Loan or the proceeds, Lender or Borrower by
any government or political subdivision thereof. Borrower shall upon request of Lender pay all
such taxes, duties or other charges in addition to principal and interest, including without
limitation all documentary stamp and intangible taxes, but excluding income taxes based solely
on Lender's income.
SECTION 8. SETOFF
At any time after an Event of Default shall have occurred and be continuing, and without
notice of any kind, any account, deposit or other indebtedness owing by Lender to Borrower, and
any securities (including, but not limited to, those identified in Section 5.1(b) above) or other
property of Borrower delivered to or left in the possession of Lender or its nominee or bailee, may
be set off against and applied in payment of any obligation hereunder, whether due or not.
SECTION 9. NOTICES
Any notice, demand, request or other communication which any party hereto may be
required or may desire to give hereunder shall be in writing and shall be deemed to have been
properly given (a) if hand delivered, when delivered; (b) if mailed by United States Certified Mail
(postage prepaid, return receipt requested), three (3) business days after mailing; (c) if by any
reliable overnight courier service, on the next business day after delivered to such courier service;
or (d) if by email on the day of transmission if before 3:00 p.m. (Chicago time) on a business day
so long as copy is sent on the same day by overnight courier in each case to the address set forth
on the signature page hereof.
SECTION 10. AMENDMENT
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This Agreement may be amended or supplemented at any time only by written instrument
duly executed by Lender and Borrower.
SECTION 11. MISCELLANEOUS
This Agreement and any document or instrument executed in connection herewith shall be
governed by and construed in accordance with the inte rnal law of the State of Illinois, and shall
be deemed to have been executed in the State of Illinois. Unless the context requires otherwise,
wherever used herein the singular shall include the plural and vice versa, and the use of one
gender shall also denote the other. Captions herein are for convenience of reference only and
shall not define or limit any of the terms or provisions hereof; references herein to Sections or
provisions without reference to the document in which they are contained are referen ces to this
Agreement. This Agreement shall bind Borrower, its successors and assigns, and shall inure to
the benefit of Lender, its successors and assigns, except that Borrower may not transfer or assign
any of its rights or interest hereunder without the prior written consent of Lender. Borrower
agrees to pay upon demand all actual and reasonable out-of-pocket expenses (including without
limitation attorneys' fees, legal costs and expenses, and time charges of attorneys who may be
employees of Lender, in each case whether in or out of court, in original or appellate proceedings
or in bankruptcy) incurred or paid by Lender or any holder of the Note in connection with any
enforcement or collection proceedings resulting from an Event of Default by Borrower under
this Agreement. Except as otherwise specifically provided herein, Borrower expressly and
irrevocably waives presentment, protest, demand and notice of any kind in connection herewith.
SECTION 12. WAIVER OF JURY TRIAL, ETC.
BORROWER HEREBY IRREVOCABLY AGREES THAT, SUBJECT TO LENDER'S
SOLE AND ABSOLUTE ELECTION, ALL SUITS, ACTIONS OR OTHER PROCEEDINGS
WITH RESPECT TO, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR ANY DOCUMENT OR INSTRUMENT EXECUTED IN CONNECTION HEREWITH
SHALL BE SUBJECT TO LITIGATION IN COURTS HAVING SITUS WITHIN OR
JURISDICTION OVER LAKE COUNTY, ILLINOIS. BORROWER HEREBY CONSENTS
AND SUBMITS TO THE JURISDICTION OF ANY LOCAL, STATE OR FEDERAL COURT
LOCATED IN OR HAVING JURISDICTION OVER SUCH COUNTY, AND HEREBY
IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO REQUEST OR DEMAND
TRIAL BY JURY, TO TRANSFER OR CHANGE THE VENUE OF ANY SUIT, ACTION OR
OTHER PROCEEDING BROUGHT BY LENDER IN ACCORDANCE WITH THIS
PARAGRAPH, OR TO CLAIM THAT ANY SUCH PROCEEDING HAS BEEN BROUGHT
IN AN INCONVENIENT FORUM.
(signature page .follows)
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Signature Page To Loan Agreement
THE CITY OF LAKE FOREST
By:
Title:
Address for notices:
City of Lake Forest
800 N. Field Drive
Lake Forest, Illinois 60045
Attn: Finance Director
THE RAGDALE FOUNDATION
By:
Title:
Address for notices:
Ragdale Foundation
1260 North Green Bay Road
Lake Forest, Illinois 60045
Attn: Executive Director
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Exhibit A
Page-1
EXHIBIT A
Project
1. Improvements to the "Hart-Lansing" property, including but not limited to the residence, the
"McCutcheon Studio," "Wogden," and other aspects of the real property.
2. Improvements to the "Barn House."
3. Improvements to accessibility on the Ragdale Campus, including but not limited to pathways
and improvements to buildings.
4. Improvements to, and rebuilding of, the historic "Shaw Garden."
Funds used for the above projects will include design and construction costs, and all other
customary expenses incurred in the development of and improvements to the Ragdale campus.
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Exhibit B
Page-1
EXHIBIT B
Promissory Note
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Exhibit B
Page-2
NOTE
$1,500,000.00 _______________, 2022
FOR VALUE RECEIVED, on or before ________________, 2030, THE RAGDALE
FOUNDATION, an Illinois not -for-profit corporation ("Borrower"), promises to pay to the
order of THE CITY OF LAKE FOREST, a municipal corporation formed under the laws of
the State of Illinois and operating under the home -rule provisions of Article VII, Section 6 of the
Illinois Constitution (hereafter, together with any subsequent holder hereof, call ed "Lender"), at
its main office at 220 E. Deerpath, Lake Forest, Illinois 60045, or at such other place as Lender
may direct, the aggregate unpaid principal balance of each advance (a "Loan" and collectively
the "Loans") made by Lender to Borrower hereund er. The total principal amount of Loans
outstanding at any one time hereunder shall not exceed ONE MILLION FIVE HUNDRED
THOUSAND UNITED STATES DOLLARS ($1,500,000.00).
Lender is hereby authorized by Borrower at any time and from time to time at Lender's
sole option to attach a schedule (grid) to this Note and to endorse thereon notations with respect
to each Loan specifying the date and principal amount thereof, and the date and amount of each
payment of principal and interest made by Borrower with respect to each such Loan. Lender's
endorsements as well as its records relating to Loans shall be rebuttably presumptive evidence of
the outstanding principal and interest on the Loans, and, in the event of inconsistency, Lender's
records shall prevail over any r ecords of Borrower and any written confirmations of Loans given
by Borrower.
Borrower agrees to pay interest on the unpaid principal amount from time to time
outstanding hereunder on the dates and at the rate or rates as set forth in the Loan Agreement (as
hereinafter defined), as well as any and all other amounts due as provided in the Loan Agreement.
Payments of both principal and interest are to be made in immediately available funds in
lawful money of the United States of America.
This Note evidences indebtedness incurred under a Loan Agreement dated as of the date
hereof executed by and between Borrower and Lender (and, if amended, restated or replaced, all
amendments, restatements and replacements thereto or therefor, if any) (the "Loan Agreement"),
to which Loan Agreement reference is hereby made for a statement of its terms and provisions,
including without limitation those under which this Note may be paid prior to its due date or have
its due date accelerated.
This Note and any document or instrument executed in connection herewith shall be
governed by and construed in accordance with the internal law of the State of Illinois, and shall be
deemed to have been executed in the State of Illinois. Unless the context requires otherwise,
wherever used herein the singular shall include the plural and vice versa, and the use of one gender
shall also denote the other. Captions herein are for convenience of reference only and shall not
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Exhibit B
Page-3
define or limit any of the terms or provisions hereof; references herein t o Sections or provisions
without reference to the document in which they are contained are references to this Note. This
Note shall bind Borrower, its successors and assigns, and shall inure to the benefit of Lender, its
successors and assigns, except that Borrower may not transfer or assign any of its rights or interest
hereunder without the prior written consent of Lender. Borrower agrees to pay upon demand all
actual and reasonable out-of-pocket expenses (including without limitation attorneys' fees, legal
costs and expenses, and time charges of attorneys who may be employees of Lender, in each case
whether in or out of court, in original or appellate proceedings or in bankruptcy) incurred or paid
by Lender or any holder of this Note in connection with any enforcement or collection
proceedings resulting from an Event of Default by Borrower under this Note. Borrower expressly
and irrevocably waives presentment, protest, demand and notice of any kind in connection
herewith.
THE RAGDALE FOUNDATION
By:
Title:
_____
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Exhibit C
Page-1
EXHIBIT C
Pledged Amounts Pledge Letter
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Flavored Tobacco Policy
Lake Forest City Council
Restricting the Sale of Flavored Tobacco Products, Including E-cigarettes and Menthol
Lake Forest High School and Lake County Health Department Collaboration
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Engaging Youth for Positive Change
●Lake County Health Department staff partnered with Lake Forest High
School to implement Engaging Youth for Positive Change the program:
○Educates youth on local government
○Helps identify problems in their community and strategies for
change
○Encourages youth to play an active role in their community
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Why Prohibit the Sale of Flavored Tobacco Products
●Flavored tobacco products, including menthol and e-cigarettes, lead to
youth initiation and nicotine addiction
●Flavored tobacco products, including e-cigarettes, negatively impact
lung health
●Flavored tobacco products, particularly menthol, make it difficult to
quit smoking
●Tobacco use continues to be a burden on the US economy
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Youth Use Flavored Tobacco Products
●63% of students who currently use e-cigarettes have used flavored
e-cigarettes 1
●54% of youth ages 12-17 years who smoke use menthol cigarettes 2
○That percentage is higher than the percentage of adults 18 and older
who smoke menthol cigarettes.
●61% of students who currently use hookah have used flavored
hookah 1
●64% of students who use cigars have used flavored cigars 1
1. Center for Disease Control and Prevention - https://www.cdc.gov/tobacco/infographics/youth/pdfs/p0930-flavored-tobacco.pdf
2. Center for Disease Control and Prevention - https://www.cdc.gov/tobacco/basic_information/tobacco_industry/menthol-cigarettes/index.html
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Flavored Tobacco Products and Youth Initiation
●81% of youth who reported ever using tobacco chose flavored
tobacco as their first tobacco product
●13.8% of middle and high schoolers reported using a flavored
e-cigarette in the last 30 days.
●72.7% of young adult tobacco users choose flavored products.
●Only 28% of adults over 65 reported using a flavored tobacco
product
The Truth Initiative https://truthinitiative.org/sites/default/files/media/files/2021/06/Truth_FlavoredTobacco_FactSheet2021_FINAL.pdf
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Menthol Use in E-Cigarettes
●Menthol helps users tolerate inhaled e-cigarette smoke.1
●Flavorings have been said to be the main reason teens get
into smoking.1
●Menthol has been reported as the second most popular
flavor of e-cigarettes among teens and young adults.1
●After JUUL had certain flavors banned, mint and menthol
usage went up 50%.2
1. American Thoracic Society: https://www.thoracic.org/patients/patient-resources/resources/menthol.pdf
2. Campaign for Tobacco Free Kidshttps://www.tobaccofreekids.org/assets/factsheets/0394.pdf
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Menthol and Nicotine Receptors in the Brain
●One study, from the California Institute of Technology, found that mice
exposed to menthol developed more nicotinic receptors in the brain.1
○78% increase in the portion of the brain that mediates addiction
○Explains why quitting tobacco is more difficult for those
individuals who smoke menthol cigarettes
●Another finding suggests that menthol amplifies nicotine-induced
changes in the young brain’s reward system that contribute to
addictive behaviors.2
○The brain is still developing until the age of 25
1. New Scientist - - https://www.newscientist.com/article/dn26668-menthol-increases-nicotine-addiction-by-tweaking-brain/
2. National Institute on Drug Abuse - https://archives.drugabuse.gov/news-events/latest-science/menthol-boosts-nicotines-effects
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33%
17%
47%
25%
While the use of e-cigarettes has decreased
it is still more than 5 times that of traditional
cigarette use; and is higher than youth
cigarette use rates 15 years ago.
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Flavored Tobacco and Health Disparities
●The tobacco industry uses flavors, including menthol, to target at risk
populations.
○Youth
○LGBTQ
○African Americans
○Those with mental illnesses
●These at risk populations use flavored tobacco products at a higher rate than
other populations and experienced poorer health outcomes as a result.
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Flavored Tobacco Products and the LGBTQ Community
●The LGBT population is among the hardest hit by tobacco in the United States. The
truth initiative says that overall, sexual minorities are:
○1.5 to 2.5 times more likely to smoke cigarettes than heterosexual individuals1
○Targeted at an increased rate vs other minority groups
■Tobacco companies advertise at Pride Festivals and other LGBT
community events.
●LGBT individuals often have risk factors for smoking that include daily stress related
to prejudice and stigma that they may face.
●The tobacco industry encourages menthol cigarette use among LGBT populations.
○The CDC says that approximately 36% of LGBT smokers report smoking
menthol cigarettes compared to 29% of heterosexual/straight smokers.2
1.The Truth Initative - https://truthinitiative.org/research-resources/targeted-communities/lbgt-history-month-why-are-smoking-rates-higher-lgbt
2. Centers For Disease Control and Prevention -
https://www.cdc.gov/tobacco/disparities/lgbt/index.htm#:~:text=Tobacco%20advertisements%20in%20gay%20and,normal%E2%80%9D%20part%20of%20LGBT%20life.&text=The%20tobacco%20industry
%20encourages%20menthol%20cigarette%20use%20among%20LGBT%20populations.&text=Approximately%2036%25%20of%20LGBT%20smokers,%25%20of%20heterosexual%2Fstraight%20smokers
.
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Big Tobacco Targets African Americans
●Aggressive marketing of menthol cigarettes in African American neighborhoods increased
the likelihood of smoking menthol cigarettes and reduced cessation efforts, which puts
African Americans at higher risk of getting tobacco related disease
○According to the Truth Initiative, tobacco-related diseases are still the number one cause of
death in the African-American community.
●A higher percentage of black adults who currently smoke started by using menthol
cigarettes (93%), compared to white adults who currently smoke (44%).
●Non-Hispanic black adults have the highest percentage of menthol cigarette use compared
to other racial and ethnic groups.
●In 2014-2015, 76.8% of non-Hispanic black adults who smoked reported usually using
menthol cigarettes, compared to 34.7% of Hispanic adults and 24.6% of white adults
The Truth Intiaive - https://truthinitiative.org/research-resources/targeted-communities/why-tobacco-racial-justice-issue
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Economic Burden of Tobacco
●Smoking-related illness in the United States costs more than $300
billion each year
●Experts estimate that between 2009 and 2012, the annual societal
costs attributable to smoking in the United States were between $289
and $332.5 billion
●$5.6 billion dollars in lost productivity due to secondhand smoke
exposure
The Center for Disease Control and Prevention - https://www.cdc.gov/tobacco/data_statistics/fact_sheets/economics/econ_facts/index.htm
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Regulating the Sale of Flavored Tobacco Products
●Federal law allows state and local governments to regulate the sale of
tobacco products, including flavored tobacco products and their
component parts.
●In 2020 the FDA banned the sale of any flavored, cartridge-based ENDS
product (other than a tobacco- or menthol-flavored ENDS products)
○Disposable flavored ENDS products are still available
●Evidence of Flavor Bans: A study using data from the National Survey on
Drug Use and Health found the flavored cigarette ban was associated with
a 43% decline in smoking among youth ages 12 to 17 and a 27% decline in
smoking among young adults ages 18 to 25. 64
Local Policies to Prohibit the Sale of Flavored
Tobacco Products
●Chicago passed an ordinance prohibiting the sale of menthol and other
flavored tobacco products within 500 feet of certain city schools, with the
exception of retail tobacco stores dedicated primarily to the sale of tobacco
products.
●On September 9, 2020, the City of Chicago passed an ordinance prohibiting
the sale of flavored liquid nicotine products.
●None in Lake County
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Lake Forest Survey Data
●83% of LF/LB residents believe that flavors such as; fruit, candy, and
mint contribute to youth use of electronic smoking devices and other
tobacco products.
●65% of LF/LB residents support a local ordinance prohibiting the sale
of flavored electronic smoking devices (i.e. e-cigarettes, vapes,
e-liquids, vape juice, etc.) including mint and menthol.
●65% of LF/LB residents support a local ordinance prohibiting the sale
of flavored tobacco products (i.e. cigarettes, smokeless tobacco, little
cigars, etc.) including mint and menthol.
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