City Of Lake Forest City Council met Oct. 7.
Here is the agenda provided by the council:
CALL TO ORDER AND ROLL CALL 6:30pm
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Resolution of Sympathy for Lake Forest Resident, Nancy Hughes
A copy of the Resolution can be found on page 19.
COUNCIL ACTION: Approval of the Resolution
B. Presentation of Fabulous Gifts and Prizes
- Jason Wicha, City Manager
C. Final Words for Departing City Council Member from Council Members
D. Final Comments from Alderman Newman
E. Resolution of Appreciation for Ward 2 Alderman Timothy Newman
A copy of the Resolution can be found on page 20.
COUNCIL ACTION: Approve the Resolution
F. Mayor’s Appointment of Second Ward Alderman
- Edward (Ted) Notz, Jr.
A copy of the volunteer profile sheet can be found on page 21.
COUNCIL ACTION: Approve the Mayor’s Appointment
G. City Clerk Margaret Boyer Administers the Oath of Office to:
Second Ward Alderman Appointed- Edward (Ted) Notz, Jr.
H. Swear in Firefighter Paramedic Austin Yarc
I. Approval of Proclamation to Declare October 10, 2019 as World Mental Health Awareness Day
A copy of the Proclamation can be found on page 23.
COUNCIL ACTION: Approval of Proclamation to Declare October 10 as World Mental Health Awareness Day
2. COMMENTS BY CITY MANAGER
A. United Way of Lake County 211 Service
- Michael Rummel, Lake County Board Member, District 12
B. Community Spot Light
- Scott Helton, Shields Township Assessor
3. COMMITTEE REPORTS
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS.
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the September 3, 2019 City Council Meeting Minutes
A copy of the minutes can be found beginning on page 24.
COUNCIL ACTION: Approval of the September 3, 2019 City Council Meeting Minutes.
2. Approval of the September 16, 2019 City Council Workshop Meeting Minutes
A copy of the minutes can be found beginning on page 29.
COUNCIL ACTION: Approval of the September 16, 2019 City Council Workshop Meeting
3. Approval of Check Register for the Period of August 24-September 20, 2019
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:
COUNCIL ACTION: Approval of Check Register for the Period of August 24-September 20, 2019
4. Approval of a First Amendment to the Restated Agreement Relating to the Gorton Property
STAFF CONTACT: Julie Tappendorf, City Attorney
PURPOSE AND ACTION REQUESTED: Staff requests approval of the First Amendment to the Restated Agreement Relating to the Gorton Property.
BACKGROUND/DISCUSSION: Over the past several months, City staff and City Council members have met with various representatives of the Gorton Board of Directors to discuss various amendments to the Restated Agreement between the Gorton Community Center and the City of Lake Forest. The current Restated Agreement (approved on July 1, 2013) defines the roles and responsibilities of the parties for the development, use, operation, and management of the Gorton property, which is owned by the City of Lake Forest.
A summary of the proposed changes included in the First Amendment presented to the City Council is below:
1. Subsection 10.C.1 would be amended to change the number of GCC Board members who are appointed by the City to three. Currently, the Restated Agreement provides that the greater of five or one-third of the Board of Directors will be City- appointed members. The term for the City-appointed members would also be modified from two years tothree years, which is consistent with the GCC-appointed members, and allow for one renewal term.
2. Subsection 10.C.1 would also be amended to describe in more detail the duties and responsibilities of the Finance and Operations Subcommittee.
3. Subsection 10.C.1 would also provide that a City-appointed member serve as the Chair of the Finance and Operations Subcommittee as well as a member of the Executive Committee.
4. Subsection 10.C.2 would be amended to require the Membership Committee to realign the current membership of the GCCBoard consistent with the changes to the membership proposed in 10.C.1.
5. Subsection 10.C.3 would be amended to clarify that GCC must submit annual budgets to the City Manager and Finance Chair of the City Council, and that the annual budget and plan must include a five year financial forecast and that the annual review must include a five-year capital needs plan.
6. Section 10.D.1.b would be amended to require GCC to include sufficient funding to satisfy annual maintenance obligations, and require GCC to maintain a minimum of $25,000 in its maintenance budget in any year in which its endowment falls below $2,000,000. It also requires any unspent maintenance funds to be placed in a maintenance reserve fund.
7. Exhibit E has been incorporated into the First Amendment to expressly describe the expectations and qualifications for City-appointed members of the GCC Board.
Please be advised that the GCC Board of Directors has approved the First Amendment in the form included in the packet.
BUDGET/FISCAL IMPACT: N/A
Has City staff obtained competitive pricing for proposed goods/services? N/A
Beginning on page 31 of your packet, you will find both a clean and “redline” version of the proposed First Amendment to the Restated Agreement Relating to the Gorton Property.
COUNCIL ACTION: Approval of the First Amendment to the Restated Agreement Relating to the Gorton Property
5. Approval of Agreements with Sentinel Technologies for a Data Security Assessment and Center for Internet security (CIS) for Ongoing Vulnerability Monitoring
STAFF CONTACT: Joseph Gabanski, Assistant Director of IT (847-810-3591)
PURPOSE AND ACTION REQUESTED: Staff requests approval to expend operating funds and award a contract with Sentinel Technologies for a data security assessment and contingency funds for an ongoing vulnerability detection service.
BACKGROUND/DISCUSSION: In 2017 the City’s IT Division engaged a security audit vendor to provide the City with a security assessment to determine the performance of the City’s robust data security program. Results of the assessment were presented to the Finance Committee on 3/5/2018. Since that assessment the City’s technology environment has changed in various ways, highlighting the success of a new ERP system implementation. The information gained in the 2017 assessment was valuable at the time, but staff recognized the need to perform another assessment in the FY20 budget due to the changes in the technology infrastructure.
In addition, data security standards are continually evolving as a result of the increasing volatility in the technology environment and increasing incidents of malware and ransomware. A point in time data security assessment, while valuable, does not address threats changing over time. As such the IT Division began to investigate a third-party, ongoing solution to provide the benefits of the one-time assessment on an ongoing basis. The City’s IT Division remains diligent in adapting a multi-layered security model and is recommending the addition of this service to enhance network security.
BUDGET/FISCAL IMPACT: The total project expense for the security assessment reflects all assessment services, final reports, and remediation recommendations. This project was identified as a FY20 project funded via the IT Operating budget and the process to date complies fully with the City’s purchasing policies.
Has City staff obtained competitive pricing for proposed goods/services? Yes
Additional Services Recommended: ONGOING VULNERABILITY MONITORING SERVICE
Ongoing vulnerability monitoring service provides a near real-time automated process that identifies and alerts on traditional and advanced threats to a network, facilitating rapid response to threats and attacks and, with agreed escalation procedures, provides notification of malicious activity to City IT staff.
The Center for Internet Security (CIS) is a nonprofit organization focused on cyber security readiness and response of public and private sector entities. CIS operates the Multi-State Information Sharing and Analysis Center (MS-ISAC), which is designated by the U.S. Department of Homeland Security as the key resource for cyber threat prevention, protection, response and recovery for state & local government entities. Through its 24/7/365 cyber security operations center, CIS serves as a central resource for constant vulnerability awareness and incident response for state & local governments.
The annual expense for an ongoing vulnerability monitoring service was not identified as a FY20 project and funds are requested from the current fiscal year’s contingency fund. For future years, it is anticipated to be funded from the IT Maintenance line item.
Has City staff obtained competitive pricing for proposed goods/services? Yes
CURRENT PROJECT MILESTONE: Based on review and scoring of proposals of data security assessment providers, staff’s recommended vendor is Sentinel Technologies. Reference checks of similar complexity projects that Sentinel has completed recently with the solutions proposed have been favorable. City staff has worked with the vendor to confirm costs and ensure that the specific scope of services is clearly documented. In its proposal, Sentinel has provided an outline of the implementation timing and other operational details that is anticipated to occur. If approved, staff would begin work with Sentinel to ensure proper project planning methodology is adhered to for a successful assessment, reporting of results, and remediation efforts.
Should the City Council agree to engage CIS for Ongoing Vulnerability Monitoring service as recommended by IT staff, this monitoring would commence after completion of the data security assessment.
COUNCIL ACTION: Approval of Agreements with Sentinel Technologies for a Data Security Assessment and Center for Internet security (CIS) for Ongoing Vulnerability Monitoring
6. Approval of a One-Year Contract Renewal with InterDev for Information Technology Support
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests City Council award a one year contract renewal for Information Technology (IT) professional services for supplemental IT support including public safety technology initiatives, extending an agreement with InterDev that will expire December 8, 2019.
BACKGROUND/DISCUSSION: Since 2011, the City has contracted with ClientFirst Technology Consulting to provide enhanced IT support services and supplemental strategic planning. In early 2012, a written assessment of the IT support needs required of public safety was provided to the City. The assessment determined that due to the downsizing of the IT division and increasing complexity of public safety technology, the police and fire departments required technical support beyond the capacity of existing IT resources. In July 2012, the City Council authorized a contract to provide supplemental IT support specializing in public safety technical knowledge. On August 4, 2014, in conjunction with the move to centralized public safety dispatching, the City Council approved an agreement with InterDev LLC to provide public safety IT support for one year. It was subsequently renewed by City Council on September 21, 2015.
On June 13, 2016 the City issued a Request for Proposals (RFP) for services inclusive of all current ongoing contractual IT services - general IT support, IT support specializing in public safety, and strategic planning consultation. On July 1, 2016 nine (9) proposals were received. A City selection committee comprised of representatives from Finance/IT, Fire, and Police departments interviewed five (5) consulting companies on July 27, 2016. Consultants were chosen for interviews based on their proposal costs, technical qualifications, completeness of proposal, and municipal and public safety support experience. Based on the interview outcomes, the selection committee narrowed the selection to two finalists for technical services and one for strategic planning. It was determined that recommending a single vendor for IT strategic planning and IT technical services would not be in the best interest of the City as it would not decrease costs or provide additional efficiencies. Staff conducted additional due diligence and negotiations in August through November with the finalists. On December 5, 2016, the City Council approved a one year agreement with InterDev at an hourly rate of $54.46. This was the lowest hourly rate proposed by any responding vendors. Other proposed rates ranged from $65-115 per hour.
In 2017, the City Council approved a one-year renewal of the InterDev agreement at a rate of $58.82 per hour. In 2018, the City Council approved a one-year renewal of the InterDev agreement at a rate of $67.57 per hour. Due to a staffing change in September 2019, the rate was reduced to $62.88 per hour. InterDev has agreed to a rate of $66.02 per hour through March 3, 2020, after which the rate would increase to $66.59 per hour for the remainder of the one-year renewal effective December 9, 2019. The FY20 rate would be lower than the approved rate for FY19. The City’s Finance/IT, Police and Fire department personnel have all expressed a satisfaction with the current assigned employee. InterDev has agreed to allow for a re-negotiation of the hourly rate in the event the assigned personnel is changed during the contract term. Finally, it should be noted that the proposed renewal rate is still lower than other rates ($65-115) proposed during the 2016 RFP process. Staff recommends approval of the proposed hourly rate.
Has City staff obtained competitive pricing for proposed goods/services? YES
Competitive pricing was obtained in 2016 through an RFP process.
Staff recommends approval of a one-year agreement renewal with InterDev to provide supplemental IT support to leverage knowledge specialized in municipal and public safety technical support. The funds are budgeted in the General Fund:
COUNCIL ACTION: Approval of a One-Year Contract Renewal with InterDev for Information Technology Support
7. Approval of the revised Geographic Information Systems Consortium (GISC) membership agreement
STAFF CONTACT: Brian Joyce, Engineering Supervisor (810-3554) PURPOSE AND ACTION REQUESTED: Staff requests Council approval of the revised GISC membership agreement.
BACKGROUND/DISCUSSION: In March 2010, Council approved the current GISC membership agreement. The GISC board of directors has made revisions to the membership agreement that requires Council approval. The City’s membership in GISC provides three important benefits to its members through the shared-services model.
o Staffing -- All communities, regardless of size, have access to a staffing model that provides all of the specialization required for GIS. It is made affordable by sharing staff across the GISC membership.
o Shared Solutions – The GISC shares hardware, software, and solutions that optimizes utilization so that communities do not have to own all of this technology.
o Accelerated Outcomes – Ideas, processes, and solutions are developed and shared across the GISC membership at no additional cost. A solution developed in one community is automatically available to all members.
BUDGET/FISCAL IMPACT: N/A. Approval of the revised membership agreement does not have an immediate fiscal impact. Annual costs associated with GISC are included in the City’s operating budget and are approved annually by the City Council.
Has City staff obtained competitive pricing for proposed goods/services? Yes/No If no, indicate the specific exception or waiver requested:
Administrative Directive 3-5, Section 9.1J – Existing Relationship Beginning on page 88 of your packet is the revised membership agreement.
COUNCIL ACTION Approval of the revised Geographic Information Systems Consortium (GISC) membership agreement.
8. 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)
The following recommendation from the Building Review Board is presented to the City Council for consideration as part of the Omnibus Agenda.
375 Illinois Road - The Building Review Board recommended approval of the demolition of an existing garage on the front elevation of the residence and approval of a replacement, slightly larger garage in the same location. A letter in support of the project was received from a neighboring resident. (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 102. 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 in accordance with the Building Review Board’s recommendation.
9. Consideration of a Recommendation from the Plan Commission in Support of Tentative and Final Approval of the Mayflower Ravine Resubdivision and Approval of the Associated Special Use Permit. (If desired by the Council, waive first reading and grant final approval of the ordinance.)
STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: Consideration of a recommendation from the Plan Commission in support of approval of a plat of re-subdivision to reconfigure three existing lots for the purpose of preserving and protecting the Mayflower Ravine. No additional lots will be created, no additional density is proposed, and no new development is planned.
The singular reason for the proposed subdivision is to facilitate the preservation, protection and restoration of the ravine. The parcels involved in the resubdivision are each currently developed with a single family homes and are addressed as: 900 Illinois Road, 990 Illinois Road and 207 Maple Court. As noted above, no new lots will be created, the lots will simply be reconfigured for the purpose of locating more of the ravine on the 900 Illinois Road property.
• 900 Illinois Road will increase in size and will total 5.12 acres.
• 990 Illinois Road will decrease in size but will remain larger than the minimum lot size and will total 2 acres.
• 207 Maple Court will remain the same size,.936 acres, but will be reconfigured.
In 2015, a similar resubdivision was approved by the City Council, based on a recommendation from the Plan Commission. The subdivision was initiated for the same purpose, to consolidate a significant portion of the ravine on to the 900 Illinois Road property for the purpose of restoration and preservation. Several years ago, the owners of the 900 Illinois Road property, Mr. and Ms. Deromedi, undertook a very significant restoration of the portion of the ravine adjacent to their property. In the years leading up to that project, the pattern of multiple ownerships of land within the ravine complicated and delayed the approval process and ultimately, the restoration work. Importantly, ravines are a key part of the City’s stormwater management system and as a result, protection and proper maintenance of the ravines benefits the larger community.
Illustrations of the existing and proposed property lines are included in the Council packet on pages 124 and 125.
The properties proposed for resubdivision are in the Historic Residential Open Space Preservation Overlay District. The purpose of this resubdivision is consistent with the goals of the overlay district which include preserving and protecting natural resources.
The Plan Commission held a public hearing to consider the Mayflower Resubdivision on June 20, 2019. Public testimony was presented in support of the petition and, after deliberation, the Plan Commission voted 4 to 0 to recommend approval of the plat of resubdivision and approval of the associated Special Use Permit to the City Council. The Plan Commission’s report and the approving Ordinance are included in the Council packet beginning on page 111. Findings in support of the resubdivision are detailed in the Ordinance.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance granting tentative and final approval of the Mayflower Ravine Resubdivision and approval of the associated Special Use Permit as recommended by the Plan Commission.
10. Consideration of a Template for a Master Pole Attachment Agreement for Small Wireless Facilities. (Approval by motion.)
STAFF CONTACT: Catherine Czerniak, Director of Community Development 847-810-3504
PURPOSE AND ACTION REQUESTED: The Council is asked to consider approval of a Master Pole Attachment Agreement to facilitate the installation of small antennae and related equipment on existing City-owned utility poles.
BACKGROUND AND DISCUSSION: In June, 2018, the City Council passed a Resolution directing the Plan Commission to consider amendments to the City Code in response to Senate Bill 1451 which was passed by the General Assembly and signed into law as Public Act 100-585. The Act restricts the power of municipalities to regulate small wireless facilities that are collocated on certain existing structures. In July, 2018, the City Council approved amendments to the City Code, as recommended by the Plan Commission, establishing administrative permitting procedures, subject to various limitations, to the extent allowed by the recent legislation.
As a follow up to the establishment of permitting procedures, Council approval of a template for a Master Pole Attachment Agreement is now requested. This Agreement, in substantially the form presented, will be entered into with each wireless service provider upon application to install small wireless facilities on City owned utility poles. Several applications for installation of these facilities are now pending review and the issuance of permits by the City. As with the Code amendments that were previously adopted by the City Council relating to small wireless facilities, the City did not “reinvent the wheel” in drafting this Agreement instead, the Agreement is modeled on a template developed by a committee of lawyers through the Illinois Municipal League.
Overall, the legislation adopted around this issue, as well as the Code amendments previously adopted by the City and the Master Pole Attachment Agreement now presented for Council approval, are intended to facilitate the installation of small antennas on existing infrastructure and discourage the construction of new telecommunication towers. The small antennas are intended to provide seamless coverage throughout the City and enhance capacity of existing systems to meet the ever growing demand for wireless service.
BUDGET/FISCAL IMPACT: In conjunction with the adoption of Code amendments last year, the Council established application and permitting fees and an annual recurring rate for collocation on a City utility pole to the extent permitted by the legislation. These fees are part of the City’s Fee Schedule and will be subject to review by the City Council as part of the budget process on an annual basis.
COUNCIL ACTION: By motion, approve the Master Pole Attachment Agreement in substantially the form presented (page 126) and authorize the City Manager, upon review and approval by the City Attorney, to enter into Master Pole Attachment Agreements with individual service providers upon full satisfaction of the previously adopted permitting requirements.
COUNCIL ACTION: Approval of the ten (10) Omnibus items as presented
1. Consideration of a Recommendation from the Plan Commission in Support of Approval of an Update to the Comprehensive Plan as it Relates to the Waukegan Road/Settler’s Square Business District and Surrounding Area. (Final Approval of an Ordinance)
PRESENTED BY: Catherine J. Czerniak, Director of Community Development (847-810-3504)
PURPOSE AND ACTION REQUESTED: Final action is requested on a recommendation from the Plan Commission in support of approval of the first phase of an update to the City’s Comprehensive Plan.
BACKGROUND: Council Action to Date
At the September 3rd meeting, the Council approved first reading of an Ordinance in support of an update to the Comprehensive Plan as recommended by the Plan Commission. Alderman Buschmann requested that clarification and greater emphasis be added to the document and agreed to provide input to City staff. Changes made since first reading are reflected in blackline in the document included in the Council packet beginning on page 143.
At the Council’s direction, an overall review and update of the City’s Comprehensive Land Use Plan is underway. The Plan was last re-adopted in its entirety in 1998. Since that time, various updates have occurred to specific sections of the Plan. The review and update continues the City’s long tradition of careful and comprehensive long term planning.
The Comprehensive Plan is the guiding document for the City with respect to land use and development and looks forward 20 years or more in an effort to establish a framework for important community decisions. Land use patterns are fundamental to decisions about infrastructure, parks, public facilities, how services are delivered and which capital projects are funded. In addition, a strong and forward thinking Comprehensive Plan supports the vitality of business and office districts, provides opportunities for a mix of housing types, recognizes local institutions and not for profit entities as important components of the community’s fabric, protects property values, and preserves the community’s distinctive character and quality of life. The Comprehensive Plan is intended to ensure that decisions are based on careful deliberation, factual data and focused on the long term interest of the overall community, rather than on short term trends, pressure from developers, or special agendas.
In accordance with the City Code, the Plan Commission is charged with conducting public hearings on any updates proposed to the Comprehensive Plan and forwarding recommendations on proposed updates to the City Council for final action.
The review and update process for Waukegan Road/Setter’s Square Business District and surrounding area offered numerous opportunities for public input and involvement through workshops, small group discussions and public forums in addition to formal public hearings before the Plan Commission. An adhoc working group was engaged at the front end of the update process to advise staff in the development of the initial draft of the update which served as the starting point for the Plan Commission’s discussion.
As noted above, the update to the Comprehensive Plan for the Waukegan Road/Settler’s Square area as recommended by the Plan Commission and as further refined based on input from the Council after approval of first reading is included in the Council packet. The update is approved by Ordinance. The is included in the Council packet beginning on page XX.
BUDGET/FISCAL IMPACT: Adoption of the first phase of the update to the Comprehensive Plan does not commit the City to any expenditure of funds or initiate any specific projects. Instead, the vision and desired outcomes provide a framework for future discussions about development, projects, initiatives and services. Any expenditure related to implementation will be considered through a separate and appropriate review process.
COUNCIL ACTION: Grant final approval of an Ordinance updating the City’s Comprehensive Plan as it relates to the Waukegan Road/Settler’s Square Business District and surrounding area.
Approve a motion
Directing the Plan Commission and City staff to undertake a review and recommend
updates to the B-1, Neighborhood Commercial District, to align this portion of the Zoning Code closely with the vision and desired outcomes as described in the Comprehensive Plan update.
Directing City staff from various departments to pursue opportunities to increase the visibility of crosswalks in the Waukegan Road/Settler’s Square Business District and surrounding area.
Directing staff to continue efforts to plan and encourage community events in the Waukegan/Everett/Telegraph Road area.
2. Consideration of a Recommendation from the Legal Committee in support of Amending Chapter 40, titled “Governmental Ethics” of the City Code (If desired by the Council, waive first reading and grant final approval of the ordinance.)
PRESENTED BY: Julie Tappendorf, City Attorney
STAFF CONTACT: Mike Strong, Assistant to the City Manager (810-3680)
PURPOSE AND ACTION REQUESTED: On July 18, 2019, the Legal Committee considered amendments to Chapter 40 of the City Code, the City’s ethics regulations. The Committee’s recommendation is presented to City Council for consideration and, if desired by the City Council, approval of first reading of an Ordinance amending Chapter 40 of the City Code.
BACKGROUND/DISCUSSION: In July 2018, Mayor Lansing requested that the Legal Committee undertake a thorough review of the City’s ethics ordinance. The goal of this review was to make the Ordinance more reader-friendly, ensure statutory compliance, and to review both statutory and local conflicts of interest. Such review has not occurred since the original adoption of ethics regulations in 2004.
During its regular meeting on July 18, 2018, the Legal Committee directed the City Attorney to prepare a summary of the City’s current ethics regulations compared to State ethics laws, and present during its next quarterly meeting in October. After preparing a first draft of amendments, the Committee appointed a subcommittee to assist the City Attorney in developing amendments to Chapter 40 of the City Code.
The subcommittee met a number of times between January and May of this year to refine the amendments and prepare a recommendation to present back to the full Committee.
After reviewing the draft ethics amendments, the Legal Committee voted to forward draft amendments to the City Council for consideration during its regular meeting on July 18, 2019.
The draft amendments proposed by the Legal Committee reorganize the ethics regulations, revise the language to make it more reader-friendly, revise or expand the definitions, incorporate the statutory conflicts of interest into the ethics regulations, expand the local conflicts of interest regulations, and streamline the administration and enforcement provisions. A memorandum from the City Attorney further outlining the Legal Committee process and summarizing the draft amendments is included in this packet beginning on page 160. A “redline” depicting the changes from the City’s current ethics regulations along with a clean version of the amendments is also included in the attachment.
COUNCIL ACTION: Consideration of a Recommendation from the Legal Committee in support of Amending Chapter 40, titled “Governmental Ethics” of the City Code (If desired by the Council, waive first reading and grant final approval of the ordinance.)
1. Consideration of a Recommendation from the Plan Commission in Support of Amendments to Sections 159.002, 159.068 and 159.003 of the City of Lake Forest Code Relating to the Prohibition of Cannabis Businesses. (If desired by the Council, waive first reading and grant final approval of the ordinance.)
PRESENTED BY: Catherine J. Czerniak, Director of Community Development (847-810-3504)
PURPOSE AND ACTION REQUESTED: The Council is asked to consider a recommendation from the Plan Commission in support of amendments to the City Code prohibiting cannabis businesses in the City of Lake Forest.
BACKGROUND AND DISCUSSION: On May 31, 2019, both chambers of the Illinois General Assembly passed House Bill 1438 and the bill was signed by Governor J.B. Pritzker. The Cannabis Regulation and Tax Act is now effective and on January 1, 2020, use and sale of recreational cannabis will be legal in Illinois. The Act allows local governments to “opt-out” by prohibiting cannabis businesses including dispensaries (retail stores), cultivation centers, cannabis lounges and other related businesses within their jurisdictions. Alternatively, local governments can enact rules governing the time, place, manner and the number of cannabis businesses.
As a follow up to the passage of the law, the Lake Forest City Council discussed the topic at a public meeting on July 1, 2019. The Council acknowledged the potential for tax revenues from the sale of cannabis products in the community however, the Council determined that the appropriate course of action for now, is to take advantage of the opportunity to opt-out. The Council directed the City Attorney to prepare amendments to the Code as necessary to prohibit cannabis businesses in the City and directed staff to present the amendments to the Plan Commission for public hearing.
On September 11, 2019, the Plan Commission held a public hearing to consider amendments to the zoning chapter of the City Code as drafted by the City Attorney’s office. No public testimony was presented to the Commission on the proposed amendments. The Commission voted 5 to 0 to recommend approval of the amendments to the City Council. The Plan Commission recognized that going forward, changes to the laws pertaining to recreational cannabis, both at the State and Federal levels, are likely and reconsideration of this topic may be appropriate at some time in the future. The Commission noted that future City discussions will be informed by learning from the experiences of other communities around this issue.
In addition to the amendments to the zoning chapter of the Code, amendments relating to law enforcement are being drafted and will be presented to the Council at a future meeting. Although the original intent was to present all of the cannabis related amendments to the Council for consideration at one time, the amendments to the zoning chapter are being advanced at this time to allow Community Development staff to respond promptly to inquiries received from representatives of cannabis businesses.
City staff is actively participating in a Lake County Task Force on this topic along with community development, finance and law enforcement representatives from many other municipalities. City staff will continue to follow this evolving issue.
The Code amendments as recommended by the Plan Commission are detailed in the ordinance beginning on page 203 of the Council packet.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance amending the City Code to prohibit cannabis businesses in the City of Lake Forest.
8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS