City Council reconvened in open session at 6:35 pm in the City Hall Council Chambers

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1 The City of Lake Forest CITY COUNCIL Proceedings of the August 5, 2013 Regular Meeting 6:00 p.m. City Hall First floor Conference room and Council Chambers CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order in the first floor conference room at 6:00p.m. Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Pandaleon, Alderman Moore, Alderman Pandaleon, Alderman Reisenberg, Alderman Palmer, Alderman Adelman. Absent: Alderman Tack At 6:02 pm Alderman Palmer made a motion to convene into Executive Session under section 5 ILCS 120/2 (c) (11) of the Open Meeting Act for the purpose of discussing litigation. Alderman Adelman seconded, motion carried unanimously by voice vote. Alderman Tack arrived at 6:05pm. City Council reconvened in open session at 6:35 pm in the City Hall Council Chambers There were approximately 45 present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. REPORTS OF CITY OFFICERS Comments by Mayor A. Resolution of Sympathy for former Mayor Bruce Macfarlane Mayor Schoenheider read the Resolution, Alderman Palmer moved, seconded by Alderman Waldeck to approve the Resolution. Motion carried unanimously by voice vote. B. Resolution of Sympathy for former Alderman Mary Barb Johnson Mayor Schoenheider read the Resolution, Alderman Pandaleon moved, seconded by Alderman Novit to approve the Resolution. Motion carried unanimously by voice vote. C. Swearing in of new Police Officers Dominick Bellino, Rico Stringer and Dan Markus Mayor Schoenheider swore in the new Officers. Mayor Schoenheider read an acknowledgement for Joytime Preschool; reminded and encouraged all residents to enjoy Lake Forest Day and spoke about the ground breaking ceremony at Forest Park. He stated the Forest Park Project Corporation had a target to raise 3.1 million dollars and

2 was proud to announce that the Board had raised more than 50% at 1.6 million dollars. Anyone wanting more information should visit: forestparkprojectcorporation.com Comments by City Manager A. Update on Sprinkling Restrictions Michael Thomas, Director of Public Works, and Curt Volkman from the Lake Forest Collaborative on Environmental Leadership City Manager Robert Kiely spoke to the City Council in regarding the City s recently-imposed watering ban. He then introduced Michael Thomas, Director of Public Works, who gave an overview update. In early June, the presence of growing algae was observed in raw water from Lake Michigan. On July 11, the City of Lake Forest issued a news release to urge greater participation in the Odd/Even Watering Restrictions. On July 15, the City opened interconnects with Lake Bluff to assist Lake Forest in meeting water demand, and on July 24, the City enacted a total watering ban. On July 30, the watering ban was lifted. However, the City is still urging Odd/Even Watering Restrictions. Mr. Thomas described daily activities a day in the water treatment plant and that it is the Illinois Department of Natural Resources that asks all towns from May 15 to September15 to put a sprinkling ban in place. He went on to explain short term what the City of Lake Forest can do in response to the algae. The City sent letters to all irrigation owners to explain the algae situation, met with irrigation system companies to solicit feedback, and sent divers to check out the intakes in Lake Michigan. In the long term, the City s physical ability to filter water was looked at, along with implementing water well at the Deerpath Golf Course and a possible rate structure. That rate structure would give the opportunity to invest in improvements based on the sale of water. Curt Volkman from the Lake Forest Collaborative on Environmental Leadership went on to talk about the geologic and hydrology of the City of Lake Forest. The City has three separate systems: Fresh water/sanitary/stormwater. A drop of water that falls west of Greenbay Road goes to the Gulf of Mexico and a drop that falls east goes into Lake Michigan. He went on to explain what residents can do to conserve our water resource: follow water restrictions, reduce use of fertilizers/pesticides, use green infrastructure to keep water where it falls; install WaterSense fixtures and irrigation controllers, fix indoor and outdoor leaks, don t flush or dump pharmaceuticals or chemicals, use phosphorous-free products, drink our City water it s cheap and clean, pick up your pet waste and dispose of it in the trash and lastly, don t feed the gulls and pick up your garbage at the beach. B. Com Ed Annual Report- External Affairs Manager, James Dudek

3 City Manager, Robert Kiely introduced James Dudek, who gave a presentation on the electrical system improvements Com Ed made in 2012, 2013 Grid Modernization work along with SMART meter deployment and Communications update. Comments by Council Members A. Long Term Financial Planning (Finance Committee) Mayor Schoenheider altered the agenda placing this item after item # 6. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Seeing none, Mayor Schoenheider read the Omnibus items for consideration. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the July 1, 11 and 15, 2013 City Council minutes. 2. Approval of Check register from June 22 to July 26, Approval of Seasonal Brochure Printing Bid 4. Approval of Contract for Annual Tree Planting for FY14 Budget 5. Approval of Contract for Installation of Holiday Lights in the Central Business District and Waukegan & Everett Road Berm 6. Adopting the June 11, 2013 amendment of Lake County Watershed Development Ordinance to remain a Lake County Certified Stormwater Community 7. Award of Contract for Northcroft Park s Parking Lot Resurfacing and Bike Path and Triangle Park s Walking Path 8. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 9. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) 10. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval)

4 11. Award of contract for Wedgewood Lot Site Preparation for Single Family Home Development Project. 12. Dissolve Gorton Commission RECOMMENDED ACTION: Approve the twelve (12) Omnibus items as presented. Mayor Schoenheider asked the Council if they would like any item removed or be taken separately. Attorney Victor Filippini asked for a scrivener s error correction on the July 11 minutes. Mayor Schoenheider asked for a motion to approve the twelve (12) Omnibus items with correction to the July 11 minutes. Alderman Palmer made a motion to approve the Omnibus items as presented with the correction, seconded by Alderman Reisenberg. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Pandaleon, Reisenberg, Palmer and Adelman. The following voted Nay : None. 8 Yeas, 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 1. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (Final Approval) Catherine Czerniak, Director of Community Development spoke to the Council regarding the recommendation from the Historic Preservation Commission. This was presented to the City Council for consideration at the July 15 th meeting. After hearing public testimony and Council deliberation, the Council approved first reading of an Ordinance approving the petition. This petition is now before the City Council for final consideration. To clarify some questions on the Building Scale Ordinance, Catherine Czerniak explained that there is a single method established by Ordinance for calculating the allowable square footage for lots and the same method is used throughout the City. The Ordinance provides the opportunity for any property owner to request a variance from the allowable square footage and provides that requests for variances for properties within the historic districts or designated as local landmarks are under the purview of the HPC and requests for variances for properties that are outside of the historic districts are under the purview of the BRB and that in both cases, final action by the City Council is required. There are six criteria established by the Ordinance and the Ordinance directs that the same criteria be used by the HPC, BRB and City Council in evaluating requests for a variance from the Ordinance. These criteria were supplied verbatim in the City Council packet.

5 A recap of this petition and the findings of the Historic Preservation Commission were specified. There were questions raised as to the size in comparison to the original coach house and a question about the design reasoning. Mayor Schoenheider asked if there was anyone who would like to address the Council. Tom Hunter, son of the Hunters at 1090 N Sheridan Road, offered his opinion to the City Council. The City Council had a discussion in relation to accessory buildings; the longstanding efforts that the City has made; and the perception of overall fairness of the Bulk Ordinance as related to Historic Preservation. RECOMMENDED ACTION: Grant final approval of the Ordinance in accordance with the recommendation of the Historic Preservation Commission. Alderman Pandaleon made a motion to grant final approval in accordance with the recommendation of the Historic Preservation Commission, seconded by Alderman Reisenberg. The following voted Yea : Aldermen Waldeck, Moore, Pandaleon, Reisenberg and Palmer. The following voted Nay Alderman Novit, Tack and Adelman: 5 Yeas, 3 Nays, motion carried. 2. Consideration of an Ordinance Amending Chapter Four of the City Code Regarding Liquor Licenses City Attorney Victor Filippini explained that staff is requesting approval of an Ordinance amending Chapter 4 of the City Code regarding liquor licenses that on May 20, 2013, the City Council approved amendments to The City of Lake Forest Liquor Code. The amendments clarified rules regarding tastings associated with package sales. The regulations regarding the giveaway of alcohol were not amended at that time to reflect those clarifications. To correct this scrivener's error, this Ordinance clarifies that those establishments that are authorized to provide tastings are not prohibited from the giveaway of alcohol. This Ordinance also revised the number of licenses available to reflect: (i) Authentico's desire to downgrade its existing license, which authorizes package sales and consumption on the premises of a restaurant, to a license that only allows consumption on the premises of a restaurant but does not allow for package sales and (ii) Elawa's desire to not renew its existing license. The question of open licenses was discussed and the reasoning behind not having open licenses available to petitioners, historically the City Council has been putting the petitioner into the position of proving that issuing the liquor license is in the best interest of the City. RECOMMENDED ACTION: If desired by the City Council, waive first reading and grant final approval. Alderman Palmer made a motion to waive first reading, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote.

6 Alderman Palmer then made a motion to grant final approval, seconded by Alderman Reisenberg. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Pandaleon, Reisenberg, Palmer and Adelman. The following voted Nay : None. 8 Yeas, 0 Nays, motion carried. 3. Consideration of a Request for a Liquor License for the Shell Station located at 193 E. Deerpath. (Motion, if desired by the City Council, directing preparation of an Ordinance adding a liquor license) Director of Community Development, Catherine Czerniak, introduced this topic. The City Council, in amending the liquor code in May 2013, eliminated the prohibition of a gas station selling alcohol in the City of Lake Forest. Since the May meeting, at the direction of the City Council, City staff from the City Manager s Office, the Police Department and Community Development met with representatives of the Shell Station on several occasions. In response to the discussions, the Shell Station owner submitted materials for City review including a floor plan indicating the proposed location for alcohol in the store, an overview of proposed security measures, an application for a liquor license and information on various upgrades planned to the overall property. City Staff felt it was inappropriate to recommend whether or not to issue a license but rather to supply the Council with adequate information to make an informed decision. Alderman Palmer brought a Point of Order to the attention of the Council: that it is the Liquor Commissioner s decision as to whether or not to issue a license, and that the City Council only votes pro forma. He moved to table this item. Mayor Schoenheider recognized what Alderman Palmer had to say, but felt that since the owner was present, and due to the amount of time and effort that staff put into this, he would like to hear from the petitioner. Bill Lombardis, owner of the Shell, stated he met with City Staff and said that he understood the conditions that staff had recommended should he be granted a license. Chief of Police James Held spoke of the Police Department s support of LEAD and SPEAK UP! in limiting the accessibility of alcohol to minors. The City Council then had a discussion of the appropriateness of issuing a liquor license to the Shell gas station. The City Council took a break at 8:55 pm and re-convened at 9 pm COMMENTS BY COUNCIL MEMBERS A. Long Term Financial Planning (Finance Committee) Due to the late hour, Mayor Schoenheider has asked for a abbreviated presentation from Finance Director, Elizabeth Holleb and City Manager, Robert Kiely, with the understanding of how

7 important this is, and that the Council will see this presentation in its entirety in the very near future. Finance Director Elizabeth Holleb told the City Council that The City is currently in excellent financial condition, has a balanced budget for the current fiscal year and carries the AAA rating at Moody s Investors service. The City of Lake Forest is extremely proactive in dealing with its finances and does a 5-year forecast which gives a long range look at what decisions made today are and how they may impact the finances going forward. The 5-Year Forecasts for the General and Capital Improvement Fund have identified long-range budgetary challenges. The General Fund is currently forecast to have a deficit in Fiscal Year 2017, despite the City s aggressive efforts to reduce personnel and identify more cost-effective strategies to providing services during a prolonged period of national economic recession and tepid recovery. Funding available for the City s Capital Improvement Program is not currently sufficient to meet the projected demands. Prior to initiating the Fiscal Year 2015 budget process, it is recommended that the City Council and staff explore options available to the City to address the challenges on the horizon. Finance Director Elizabeth Holleb spoke briefly on expenses and revenues and then about the more time sensitive issue of Bond refinancing. The construction budget anticipated $13 million from proceeds of Laurel Avenue site and in 2010 Bonds were issued due to the delayed redevelopment of Laurel Avenue property. Amounts due are $9.7 million due December 2015 and remaining $3.0 million due 2029 through These had been issued under the economic stimulus act. The question posed as to whether or not the City would benefit from refinancing the part of the issue that is due December This topic has been broached with the PPL Committee in April and the Finance Committee in July. Because The City of Lake Forest is not issuing any other debt in 2013 the refinancing could be accomplished with bank qualified status which provides a slightly lower interest rate because the amount of money is under $10 million in a calendar year. The first opportunity for the issue to be refunded is September 15, 2013 without jeopardizing the single opportunity to advance refund before a call date. Since The City of Lake Forest did not use the advance refunding, it will provide added flexibility in paying off those bonds earlier and added flexibility in redeveloping Laurel Avenue property because there would the single payment due December It would also provide level principal and interest payments over the life of the Bond issue. The refinance goes to market on September 16 and will be presented to the City Council that evening for approval. City Manager, Robert Kiely, asked the Council to look at the following questions: Should the City postpone MS Bond refinancing given recent changes in interest rates?

8 Should alternative revenue sources be studied? Should reductions in level of service be explored? If so, are any specific areas of interest? Should City s position on property tax limitations (tax cap and debt service limit) be reconsidered? Should City pursue tiered water rates to encourage water conservation? He also asked the City Council for discussion on each. He went on to say that this discussion on these very important considerations and actions is necessary to continue the fiscal stewardship of the City of Lake Forest. Mayor Schoenheider added what a terrific job Finance Director Elizabeth Holleb has done and he is asking the City Council to think out of the box on the above considerations. He also confirmed that Elizabeth Holleb should continue to move forward on the bond refinancing. RECOMMENDED ACTION: Informational item for discussion. NEW BUSINESS Seeing none ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Seeing none ADJOURNMENT There being no further business. Alderman Palmer made a motion to adjourn, seconded by Alderman Pandaleon. Motion carried unanimously by voice vote at 9:31pm Respectfully Submitted, Margaret Boyer Deputy 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 Click on I Want To, then click on View, then choose Archived Meetings Videos.