City of Lake Forest City Council met Sept. 8.
Here is the agenda provided by the council:
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.
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Lake Forest Fire Department Retirements, Promotions and Resolutions
- Kevin Cronin, Deputy Fire Chief
B. COVID 19 Financial Impact Update
- Elizabeth Holleb, Finance Director
2. COMMENTS BY CITY MANAGER
A. Community Spotlight
- Dickinson Hall, Lake Forest -Lake Bluff Senior Center
-Tricia Schwall, Manager Dickinson Hall
B. Summary of Recent Watermain Breaks
- Michael Thomas, Director of Public Works
3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL.
Members of the public can provide public comment by calling into the following number during the meeting: 847-810-3643
4. COMMITTEE REPORTS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approve the Extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting
STAFF CONTACT, Jason Wicha, City Manager
PURPOSE AND ACTION REQUESTED: It is requested that the City Council extend the Declaration to the next City Council meeting.
BACKGROUND/DISCUSSION: Over the past month, the U.S. Government and the State of Illinois have issued multiple orders declaring a state of emergency over the country and the State of Illinois in order to address the impact from the global pandemic from COVID-19. In order to address the impact this pandemic has had on the City of Lake Forest, Mayor Pandaleon exercised his authority to issue a Declaration of a Local State of Emergency on Saturday, April 4, 2020. At the April 6, 2020 City Council meeting, the City Council extended the Declaration to the next City Council meeting which was August 3, 2020.
In order to ensure that the emergency powers authorized by the local declaration remain in effect where necessary, the Mayor is asking the City Council to further extend the Declaration of a Local State of Emergency until the next City Council meeting that takes place after the September 8, 2020.
REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council 8/3/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 7/20/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 6/15/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 6/1/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 5/18/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 5/4/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 4/20/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
City Council 4/6/2020 City Council Approved the Mayors Declaration until the next City Council Meeting
4/4/2020 Mayor Pandaleon exercised his authority to issue a Declaration of a Local State of Emergency
BUDGET/FISCAL IMPACT: N/A
COUNCIL ACTION: Approve the extension of the Mayor’s Declaration of a Local State of Emergency until the next City Council Meeting
2. Approval of the August 3, 2020 City Council Meeting Minutes
A copy of the minutes can be found beginning on page 15
COUNCIL ACTION: Approval of the August 3, 2020 City Council Meeting Minutes.
3. Approval of the Check Register for the Period of July 25 – August 28, 2020
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:
Included in the “All other Funds” subtotal is $410,624 in medical and dental claim payments in the Self Insurance Fund.
COUNCIL ACTION: Approval of the Check Register for the Period of July 25 – August 28, 2020
4. Approval of a Resolution of Appreciation for Retiring Employee Stephen E. Grost
A copy of the Resolution can be found on page 21
COUNCIL ACTION: Approval of a Resolution of Appreciation for Retiring Employee Stephen E. Grost
5. Approval of a Resolution of Appreciation for Retiring Employee Paul J. Pugliese
A copy of the Resolution can be found on page 22
COUNCIL ACTION: Approval of a Resolution of Appreciation for Retiring Employee Paul J. Pugliese
6. Approve former City Manager’s request for reimbursement of costs incurred in defending against the charges brought by the Lake County States Attorney that were ultimately dismissed in the amount of $14,519.50
STAFF CONTACT: Jason Wicha, City Manager
PURPOSE AND ACTION REQUESTED: Approve former City Manager’s request for reimbursement of costs incurred in defending against the charges brought by the Lake County States Attorney that were ultimately dismissed in the amount of $14,519.50.
BACKGROUND/DISCUSSION: On September 2, 2020, former City Manager Robert Kiely submitted a letter to the City requesting indemnity coverage under Section 31.019 of the Lake
Forest City Code relating to charges brought against him in the Lake County Circuit Court. The reimbursement request is in the amount of $14,519.50, which includes attorneys’ fees and court costs incurred by the former City Manager in defending against the charges. Those charges were dismissed in their entirety by the court on August 25, 2020.
Pursuant to Section 31.019 in the City Code, a City employee is entitled to indemnification and defense by the City against any civil, criminal, or administrative claim relating to lawful acts of the employee in the scope of employment. In addition, the City and former City Manager Kiely entered into an employment agreement that governed various terms and conditions of his employment. Section 15 of the Employment Agreement contained an indemnification provision that requires the City to defend and indemnify Mr. Kiely against any claim, demand, or other legal action arising out of an alleged act or omission in the performance of his duties as City Manager.
Under both the City Code and the employment agreement, the City has an obligation to indemnify the former City Manager in this matter. Mr. Kiely has the right to be reimbursed by the City for his costs in defending himself now that the charges have been dismissed. The charges against the former City Manager related to actions he took in the exercise of his official duties as City Manager. The attorneys’ fees and court costs that have been submitted to the City for reimbursement are within the scope of eligible expenses for reimbursement under the City Code indemnification provision. The court has dismissed the case entirely.
City Staff and the City Attorney have reviewed the request for reimbursement and the supporting documentation and recommend that the City Council approve former City Manager’s request for reimbursement amount of costs incurred in defending against the charges brought by the Lake County States Attorney that were dismissed in the amount of $14,519.50.
BUDGET/FISCAL IMPACT:
This non-budgeted expense would be funded from the City Council contingency, the purpose of which is to address unanticipated expenses throughout the year. COUNCIL ACTION: Approve former City Manager’s request for reimbursement of costs incurred in defending against the charges brought by the Lake County States Attorney that were ultimately dismissed in the amount of $14,519.50
7. Ratification of Expenses Related to the Eleven Emergency Water Main Break and Valve Repairs that Occurred August 15th – August 21st, 2020 in the Total Amount of $84,800
STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s ratification of all expenses related to the eleven water main and valve break repairs made from August 15th- August 21st, 2020. These payments represent both underground and asphalt work the City contracted out in response to the multiple breaks that began late morning, August 15, 2020.
BACKGROUND/DISCUSSION: On Saturday, August 15th at 11:41 a.m., the City’s water tower dropped in elevation from 33.47’ to 31.60’ in five minutes; this equated to approximately 80,930 gallons. Significant drops in both the water tower’s elevation and pressure throughout town, indicate that a large main break has occurred. Water Plant production was increased and the Booster Station pumps (located across from West Campus) were turned on to combat the significant water loss and pressure drop. At 5:21 p.m., Water & Sewer staff, in an attempt to slow down the water loss, closed a valve on a 20” transmission main on West Laurel Avenue. This 20” water main travels under Rte. 41 and feeds a 12” line that had the broke adjacent to Rte. 41, south of Gage Lane. Upon closing the 20” valve, staff immediately saw East Side Train Station’s pressure jump from 51.6 p.s.i. to 65.0 p.s.i. and the Water Plant finished water flow rate drop from 9.082 mgd (million gallons per day) to 7.555 mgd. Water main systems are not designed to handle immediate and significant changes in pressure, like what occurred when the 20” valve was closed. As a result, water main breaks began to occur throughout the water main system.
The following is a list of breaks that occurred during that six day period. Contractors that assisted with the repair are noted with an asterisk (*).
1. 135 N GREEN BAY RD, 8/15/20*
2. 240 E DEERPATH, 8/15/20*
3. 889 N MCKINLEY RD, 8/16/20 (assistance from Village of Lake Bluff)
4. 280 W LAUREL AVE, 8/16/20*
5. RTE. 41 & GAGE LN, 8/16/20*
6. N GREEN BAY RD & ILLINOIS RD, 8/16/20*
7. 44 FARNHAM LN, 8/16/20*
8. 71 S. STONEGATE RD, 8/17/20
9. 1205 EDGEWOOD RD, 8/17/20 – two separate breaks near this location
10. 165 E DEERPATH, 8/17/20 – valve repair
11. 464 S CIRCLE LN, 8/19/20
BUDGET/FISCAL IMPACT: With the City’s Water & Sewer crew operating multiple valves to reduce the flow on the Rte. 41 main break, additional Public Works staff were called in to assist. Additionally, four contractors were called to assist with the multiple main breaks noted* above. The immediate response from these contractors late on a Saturday evening was attributed to the long-standing working relationships the City has had with them for over 20+ years. These contractors and their invoice amounts are as follows:
Contractor Amount
DiTomasso Excavating $ 7,500
Di Meo Brothers $26,175
DeMuth Inc. $13,175
RJ Underground $ 2,450
Peter Baker & Sons $35,500
TOTAL: $84,800
Has competitive pricing been obtained for proposed goods/services? No
If no, indicate the specific exception requested: Administrative Directive 3-5, Section 6.1A – Emergency Purchase
This non-budgeted expense would be funded from Water Capital Fund reserves. If necessary, a supplemental budget appropriation will be submitted for City Council approval at the end of the fiscal year.
COUNCIL ACTION: Ratification of Expenses Related to the Eleven Emergency Water Main Break and Valve Repairs that Occurred August 15th – August 21st, 2020 in the Total Amount of $84,800.
8. Approval of an Intergovernmental Agreement (IGA) between the City of Lake Forest and the Lake Forest Library related to the Lake County COVID 19 Relief Fund
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff recommends City Council approval of an Intergovernmental Agreement (IGA) between the City and Lake Forest Library to allow for the Library to participate in the Lake County COVID 19 Relief Fund. Monies received by Lake County pursuant to the Coronavirus Aid, Relief and Economic Security Act (CARES Act) have been allocated to governmental entities through various formulas. The City’s IGA with Lake County to participate in the COVID 19 Relief Fund was approved on August 3, 2020.
Approval of the IGA allows the City to participate in the COVID 19 Relief Fund established by the County and receive reimbursement for eligible expenses incurred to address the Coronavirus Pandemic. Lake County elected to allocate funds only to separate Library districts, leaving municipal libraries such as Lake Forest Library without funding options through this program other than to receive a portion of the funds allocated to the City.
BACKGROUND/DISCUSSION: The CARES Act was passed by Congress and signed into law on March 27, 2020 in response to the catastrophic public health and economic impacts of the Coronavirus Pandemic. The Act allocated more than $2 trillion in economic relief and allowed for:
• direct economic impact payments
• assistance for small businesses in the form of the Paycheck Protection Program
• preservation of jobs in industries adversely impacted by the spread of COVID-19
• payments to State, Local, and Tribal governments through the Coronavirus Relief Fund (CRF)
The CARES Act established a $150 billion Coronavirus Relief Fund to cover expenses that are incurred due to the COVID 19 public health emergency, were unbudgeted as of March 27, 2020, and were incurred between March 1, 2020 and December 31, 2020. The US Department of Treasury has published guidance and FAQs regarding the eligible use of these funds.
The CARES Act set forth amounts to be paid to States, the District of Columbia, US Territories and eligible units of local government based on population. Direct allocations of CRF were made to any county or municipality with a population exceeding 500,000. Lake County received a direct allocation of $121.5 million. The Lake County Board formed the F&A Special Committee on COVID-19 Recovery that is charged with making recommendations to the Lake County Board on distribution of the funds. As of August 31, Lake
County Forward has allocated $35 million to local governments:
The $20 million dedicated to municipalities has been initially allocated based on 2019 population estimates, resulting in allocation of $631,260 to the City of Lake Forest. The Finance Department has coordinated City-wide efforts to compile the required documentation for submittal to Lake County and the City made an initial application prior to the County’s July 31 submittal deadline. Additional submittals may be made until October
15, 2020. To receive funds from Lake County, the City must submit documentation of eligible expenses AND an executed IGA setting forth the obligations of both Lake County and the City in regards to the COVID 19 Relief Fund.
With the county electing to allocate funding only to Library districts, Lake Forest Library can only access CRF funding via the City’s submittal on their behalf. It is recommended that the City Council authorize execution of an IGA between the City and Lake Forest Library, which is similar to the IGA between Lake County and the City. This IGA would set forth in part the amount of CRF funding for which the City would submit to Lake County on the library’s behalf. Based on the allocation model used by Lake County for Library districts (2010 population served), the Lake Forest Library would be eligible for reimbursement of eligible expenses up to $62,482 which represents approximately 10% of the City’s allocation.
A copy of the draft IGA can be found on page 23 but will be finalized in form acceptable to the City Attorney.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council 8/3/20 City’s IGA with Lake County Approved
BUDGET/FISCAL IMPACT: Based on Lake County’s approved allocation of COVID 19 Relief Funds as of August 31, 2020, the Library would be eligible to receive up to $62,482
(approximately 10%) of the City’s allocation.
COUNCIL ACTION: Approval of an Intergovernmental Agreement (IGA) between the City of Lake Forest and the Lake Forest Library related to the Lake County COVID 19 Relief Fund
9. Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of licenses available in Class A-2 and G-1 and Amend the language relating to the Class G-2 to modify current hours of operation for intuitions of higher learning. (First reading and if appropriate final approval)
STAFF CONTACT: Margaret Boyer, City Clerk, 847-810-3674
PURPOSE AND ACTION REQUESTED: At the direction of the City’s Liquor Commissioner, Staff is requesting consideration of an Ordinance amending the Liquor Code to include one additional Class A-2 License, one additional G-1 License, and amend language relating to the G-2 License hours of operation.
BACKGROUND AND DISCUSSION: The Liquor Commissioner received a letter of intent from Wines on the Bluff, LLC located at 296 Market Square, requesting a Class A-2 license. The purpose of this license will be to conduct an online retail wine shop. Activities at 269 Market Square will be limited to packing orders for delivery to consumers, packaging of wine gift baskets, and stocking of inventory for online order fulfillment. There will be no retail showroom.
The Liquor Commissioner also received an inquiry from Sodexo at Lake Forest Academy to add a G-1 license to their existing G-2 license along with a request to modify the language in the Code to allow for liquor sales under the G-2 license to begin at 9:00 a.m. instead of 5:00 p.m. The proposed amendment to the G-2 hours of operation is below:
Retail sales of alcoholic liquor at a Class G-2 licensed establishment shall only be authorized to operate between the hours of 9:00 a.m. and 12:00 a.m. Sunday through Thursday, and from 9:00 a.m. to 1:00 a.m. on Fridays and Saturdays; 5:00 p.m. and 12:00 a.m. daily, 11:00 p.m. Sunday through Thursday, and from 5:00 p.m. to 1:00 a.m. on Fridays and Saturdays; and Section 111.045 is also being amended to add clarifying language that any liquor licensee must comply with any zoning approvals, such as a special use permit, that govern the licensed premises.
The proposed ordinance can be found beginning on page 30. It is important to note that without further action of the City Council, the maximum number of licenses in any class shall be automatically reduced by one upon the expiration, revocation or non-renewal of an existing license in any such license class.
As the Council is aware, the issuance of liquor licenses is under the purview of the City’s Liquor Commissioner and the Mayor serves in that role. However, the City Code only authorizes a specific number of liquor licenses and historically, this number coincides with the current number of licenses issued.
When new requests for liquor licenses or code changes are submitted, and after review by the Liquor Commissioner and a determination that the Issuance of a license is appropriate, the City Council is asked to consider an amendment to the Liquor Code.
BUDGET/FISCAL IMPACT: The fiscal impact of adding an A-2 and a G-2 license will have a positive impact on liquor license revenues.
COUNCIL ACTION: Consideration of an Ordinance Amending the City of Lake Forest Liquor Code, to increase the number of licenses available in Class A-2 and G-1 and Amend the language relating to the Class G-2 to modify current hours of operation for intuitions of higher learning. (First reading and if appropriate final approval)
10. Request Council Approval to Contract with Chicago Communications to Replace Aging Cables and Antennas on the Radio Tower at the Lake Forest Public Safety Building
STAFF CONTACT: Pete Siebert, Fire Chief (810-3864) and Elizabeth Holleb, Director of Finance (810-3612)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council’s approval to perform needed repairs and updates to the fire department emergency radio system. Some of the equipment and cables need to be replaced, and updated. These repairs will also prolong the life span of the 100’ monopole tower that houses several antennas, and is a critical link in our emergency radio system.
BACKGROUND/DISCUSSION:
Scope of Work -
Chicago Communications will run a new coaxial cable from existing mobile control station in first floor engine bay down to basement equipment room and terminate on wall with other antenna lines. CCS will replace existing polyphasers with new units and mount on basement wall next to conduit.
Tower Works will remove (4) existing antennas and associated coaxes from tower to equipment room. They will install (4) replacement antennas and (1) new mobile control station antenna and run new coaxes through existing conduit to existing cabinet mounted
next to tower and run coaxes up tower to antenna locations, and tag antenna lines. Tower works will also rerun existing coaxes from alarm company equipment located in basement equipment room through conduit going to cabinet and terminate back on existing antennas.
BUDGET/FISCAL IMPACT: The funds for this purchase were not budgeted for FY21 in the Emergency Telephone Fund (JETSB). At this time, there are sufficient funds in the Emergency Telephone Fund (JETSB) that would allow us to complete the work in FY21 if approved.
* The unbudgeted expense would be funded from Emergency Telephone Fund balance reserves. In necessary, a supplemental appropriation would be submitted for Council approval at the end of the fiscal year.
COUNCIL ACTION: Request Council Approval to Contract with Chicago Communications to Replace Aging Cables and Antennas on the Radio Tower at the Lake Forest Public Safety Building
11. Consideration of Ordinances Approving Recommendations 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 recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda.
BACKGROUND/DISCUSSION:
1131 Turicum Road – The Building Review Board recommended approval of a new residence on a vacant lot. Public testimony was presented from four neighbors on the siting of the house and the location of the driveway curb cut. In response, the siting of the house and location of the curb cut were both modified to address the concerns raised. (Board vote: 6 - 0, approved)
885 Valley Road – The Building Review Board recommended approval of a new residence on a vacant lot. A letter was received from a neighboring property owner, in response to questions raised, the project engineer explained the proposed grading and drainage and responded to the neighbor’s questions. (Board vote: 7 - 0, approved)
846 Northmoor Road – The Building Review Board recommended approval of a second story addition and various exterior modifications to the home. No public testimony was presented. (Board vote: 6 - 0, approved)
1350 Skokie Hwy – The Building Review Board recommended approval of new signage and awnings for an existing business, Britt Carter & Company. No public testimony was presented. (Board vote: 6 - 0, approved)
The Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 35. The Ordinances, complete with all exhibits, are 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 Ordinances approving the petitions in accordance with the Building Review Board’s recommendations.
12. Consideration of a Recommendation from the Plan Commission in Support of a Special Use Permit to Authorize a New Real Estate Office, Compass, at 284 E. Deerpath. (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: The following recommendation from the Plan Commission is presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: Real Estate Offices are classified as special uses and as such, require review through a public process. A Special Use Permit is requested to allow a new real estate company, Compass, to locate in the Central Business District, on the north side of Deerpath, west of Western Avenue. Compass does not currently have an office in Lake Forest. Several local real estate agents recently aligned with Compass and desire to have a physical presence in the business district, a small office, from which to showcase the community to sellers and buyers.
No public testimony was presented to the Commission on this petition and the Commission voted 6 to 0 to recommend approval of the Special Use Permit subject to the conditions as detailed in the Ordinance which is included in the Council packet beginning on page 75.
The Commission’s report provides additional information on this petition and is also included in the Council packet beginning on page 80.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving a Special Use Permit authorizing Compass Real Estate Office to occupy existing tenant space at 284 E. Deerpath subject to the conditions as detailed in the Ordinance.
COUNCIL ACTION: Approval of the twelve (12) omnibus items as presented.
6. ORDINANCES
7. OLD BUSINESS
8. NEW BUSINESS
9. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS
10. ADJOURNMENT
A copy of the Decision Making Parameters can be found beginning on page 14 of this packet.
Office of the City Manager September 2, 2020
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.
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