Loading...
CITY COUNCIL 2013/02/19 MinutesThe City of Lake Forest CITY COUNCIL Proceedings of the February 19, 2013 Regular Meeting 7:30 p.m. – City Hall Council Chambers CALL TO ORDER AND ROLL CALL: Acting Mayor Schoenheider called the meeting to order at 7:36 p.m. Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Acting Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Moore, Alderman Pandaleon, Alderman Tack, Alderman Palmer. Quorum present. Also present were: Robert Kiely, City Manager; Marlo Del Percio, City Attorney; Catherine Czerniak, Director of Community Development; Susan Banks, Communications Manager; Michael Thomas, Director of Public Works; Bob Ells, ; Anne Whipple, Communications; Jim Held, Police Chief; Chuck Meyer; Superintendent of Parks and Forestry. Special Guest, Senator Julie Morrison. There were approximately 30+ present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Acting Mayor Acting Mayor Don Schoenheider introduced Margaret Boyer as the new Deputy City Clerk, in addition to a special guest, State Senator Julie Morrison. The 29th district now includes all of Lake Forest .Senator Morrison is looking forward to working with the City of Lake Forest on special issues. Senator Morrison stated she will be serving on the Environmental Committee, Education Committee, Human Services, Veteran Affairs Committee and Appropriations Committee. These committees reflect interest across the district, Senator Morrison would like Lake Forest to reach out to her for anything she can help with. 2. Comments by City Manager City Manager Bob Kiely introduced James Dudek, External Affairs Manager from Com Ed. An annual report for 2011 was presented to council. A. CBD Train Station Renovation Project Update City Manager Bob Kiely presented an overview of the 2013 ITEP Grant (Illinois Transportation Enhancement Program) in the amount of 1.2 million dollars. The City recognized the partnership with the Lake Forest Preservation Foundation, City Staff; Carina Walters, Dan Martin, Chuck Meyers, Bob Ells, Holland & Knight, and others. This is a multi-faceted, multiyear project that is extremely complicating; however, this initial presentation is very high level and future presentations will follow. Proceedings of the February 19, 2013 Regular City Council Meeting Project approx. 3million of work put into location over next three years, a cost breakdown was given. A. Alderman Moore A new Community Forum discussion- will be held tomorrow night at 7 pm, on Granny Flats a nick name for accessory buildings like coach houses. These forum discussions are not televised and are an opportunity for concerns, questions and possibilities raised by the public for City Council consideration. These forums will be held on the third Thursday of the month at Gorton Community Center. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval to renew an Agreement for Financial and Land Parcel Management System Software Maintenance and Licensing for FY2014 Staff requested City Council approve to renew a one-year agreement with Sungard/HTE software which includes maintenance services and licensing. The Sungard/HTE Company has been providing The City of Lake Forest services for a financial and land parcel management software system since 1998. This system is one of the largest software systems to support City operations. It encompasses financial, payroll, purchasing, general ledger, budget, water billing, accounts receivable, fixed assets, parcel management, code enforcement, building permits, and land management planning and zoning. RECOMMENDED ACTION: Waive the bid process and approve a one (1) year maintenance agreement with Sungard/HTE for software support and licensing of the City’s financial and parcel management system based on the sole source vendor quote. 2. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading and Final Approval) 1 Westminster Place – The Zoning Board of Appeals recommended approval of a height variance to allow the installation of a replacement back-up generator on the roof of an existing commercial building. The replacement generator is larger than the existing generator in order to support technology systems which were not in the building when the existing generator was installed many years ago. One letter was submitted in support of this petition; no other public testimony was submitted. (ZBA Board vote: 7-0, approved) The Ordinance approving this petition as recommended by the Zoning Board of Appeals including conditions of approval and complete exhibits are available for review in the Community Development Department. Recommendation: Waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Zoning Board of Appeals. Proceedings of the February 19, 2013 Regular City Council Meeting 3. Request for City Council Approval of an Agreement for Professional Services for a Storm Water Study and a Fiscal Year 2014 Transfer of .5% Home Rule Sales Tax to the Capital Improvements Fund Staff is requesting City Council approval to enter into an agreement with Baxter & Woodman to perform a Storm Water Management Study. As defined in Section 8.0 D-1 of the City’s purchasing procedures, a “Request for Qualifications” process occurred in late January with an interview and subsequent negotiations with Baxter & Woodman. Because of Baxter Woodman’s past involvement in storm water studies for the City and their knowledge of the storm water system, staff is recommending the firm be utilized for this project. The study will evaluate the City’s entire storm water management system to include storm sewers, roadside ditches, and ravines. The study will determine areas where the system requires improvements and / or replacement of pipe, inlet structures, ditching, or ravine repairs. Baxter & Woodman will incorporate areas of concern from residents and evaluate their relationship with potential deficiencies in pipe size, outfalls, and overland drainage patterns. After all data has been collected, Baxter & Woodman will focus on eight to ten general areas throughout the City where deficiencies exist. A prioritized list of capital improvements will be developed and presented to both City Council and staff in time for the development of the F.Y. ’15 Capital Improvement Plan. This is expected to occur in September or October, 2013. In October, 1991, Baxter & Woodman performed a comprehensive storm water drainage study for The City of Lake Forest. Computer models of the drainage system were used to identify problem areas and deficient facilities. The report provided a five phase capital improvement plan to address needed areas. Over the next ten years, the City addressed a number of the noted areas. However in October, 2001, the City experienced a three day rain event that caused a significant amount of flooding. A Rainfall Emergency Plan was developed by the Public Works Department and an Ad-Hoc Sewer Oversight Committee was established. Baxter & Woodman was contracted as the City’s consulting engineer to make recommendations that reduced flooding impacts and prioritized storm water improvement projects. They focused on three specific areas that received significant flooding during the October, 2001 flood. The projects primarily focused on the Northmoor and Whispering Oaks neighborhoods and the southwest area of the Fourth Ward. Since that period, nine of the eleven high priority projects noted by Baxter & Woodman have been completed. In May, 2010, the City experienced another significant rain event and received over 80 phone calls from concerned residents. A majority of the calls received were from areas where complaints had not been received in the recent past. The proposed study will evaluate all of the areas of concern and will prioritize projects for a ten year capital improvement plan. As was included in the proposed F.Y. 2014 Capital Plan presented at the November 19, 2012 budget meeting, $100,000 is allocated in next fiscal year’s budget to perform this study, funded by a transfer of .5% home rule sales tax revenue. Since the study itself will guide staff in prioritizing storm water improvements in the F.Y. 2015 capital budget, data collection and computer modeling will need to commence immediately. Generally Accepted Accounting Principles (GAAP) requires that all work completed by April 30, 2013 must be paid with current fiscal year funds. Baxter & Woodman has estimated their expenses to be $33,320 of the $99,920 for the period of February 20 – April 30, 2013. Savings realized in this year’s capital improvement fund will pay for the expense through the end of the fiscal year. The remaining $66,600 will be paid via the F.Y. 2014 Capital Improvements Fund. Upon completion of the study, the full amount paid will be funded via the proposed sales tax transfer to the Capital Improvements Fund. Proceedings of the February 19, 2013 Regular City Council Meeting Baxter & Woodman’s proposal is not to exceed amount of $99,920. Recommendation: If appropriate and should the City Council desire, Staff requests that City Council approve a storm water drainage study with Baxter & Woodman in the amount of $99,920; this $80 less than the budgeted amount of $100,000. The funding year, sources, and amounts, are noted in the above tables. Staff further requests approval of a transfer of .5% home rule sales tax revenue to the Capital Improvement Fund in the full approved amount. 4. Approval of the February 4, 2013 regular City Council minutes RECOMMENDED ACTION: Approve The Omnibus items as read. Alderman Novit moved, seconded by Alderman Palmer, to approve the Omnibus items with the proviso that the attorney gets review and approval of item #3. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. ORDINANCES 1. Consideration of a Recommendation from the Plan Commission in Support of Ordinances Approving Special Use Permits for Restaurants within 150’ of a Residential Zoning District; the Westwood Bistro and the 9 Fifty Whiskey Bar, both Proposed in Westwood Square, 950 N. Western Avenue. (Waived first reading and granted final approval.) Cathy Czerniak stated on December 12, 2012 and January 24, 2013, the Plan Commission held a public hearing to consider the request from the owner of 950 N. Western Avenue, Westwood Square LLC, for Special Use Permits to authorize two new restaurants to occupy the tenant spaces previously occupied by Burger King and King Maa. This petition is before the City Council for consideration with a recommendation for approval from the Plan Commission subject to numerous conditions of approval. Restaurants and bars are permitted outright in the B-2 zoning district except when they are within 150 of a residential zoning district. The Special Use Permit process allows conditions of approval, which would not otherwise be put in place for restaurants in the B-2 zoning district, to be established for restaurants located near residential neighborhoods. Conditions of approval as part of a Special Use Permit impose a higher bar for operations and facilities and provide for specific limitations to mitigate the impacts of light, noise and general activity on neighboring homes. The Westwood Bistro and the 9 Fifty Whiskey Bar are proposed by a single owner. The Westwood Bistro will be a full service restaurant located in the former Burger King space. The Bistro will have a full kitchen, a dining room with seating for approximately 120 people and a bar. On a seasonable basis, outdoor dining, with limited hours, is planned. The 9 Fifty Whiskey Bar, despite its name, will be a restaurant and a bar, with a more casual atmosphere than the Westwood Bistro. This business will be Proceedings of the February 19, 2013 Regular City Council Meeting located in the former King Maa space and is intended to serve an adult clientele whereas the Bistro is intended to attract a full spectrum of customers, families, as well as adult diners. The Plan Commission received testimony from many residents about potential negative impacts of the proposed uses on the surrounding neighborhood. Through the course of its deliberations spanning two meetings, the Commission developed conditions addressing the majority of the concerns raised including, but not limited to, parking and on site traffic circulation, screening of roof top mechanicals, landscaping, closing time for the outdoor patio and overall maintenance of the site. The Commission heard concerns about the 9 Fifty Whiskey Bar specifically, but recognized that the establishment as proposed is similar to other restaurant/bars in the community. The Commission acknowledged that resident concerns about hours of operation were not fully addressed, but noted that closing times for restaurants have not in the past been established by the City through Special Use Permits. The hours of operation proposed for the new restaurants are generally consistent with those of other restaurants in the community. A summary of published hours for other restaurants in Lake Forest is included in the packet for the Council’s information. At the conclusion of the Plan Commission public hearing, the Commission voted 6 – 0 to recommend approval of the requested Special Use Permits to the City Council subject to numerous conditions of approval. Ordinances including the findings on which the Commission’s recommendation is based and the recommended conditions of approval were included. For additional information, a report from the Plan Commission is also included in the Council’s packet. The complete record of written testimony submitted for this petition is available upon request from the Community Development Department. Vote; Motion to waive first reading of an Ordinance authorizing the location of the Westwood Bistro within 150’ of a residential zoning district subject to conditions of approval. Alderman Palmer moved, seconded by Novit to approve waiving first reading. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Motion to grant final approval, (subject to adding section 3 condition 10 , kitchen ceases operation at 10 pm) of an Ordinance authorizing the location of the Westwood Bistro within 150’ of a residential zoning district subject to conditions of approval. Alderman Palmer moved, seconded by Novit to approve waiving first reading. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Motion to waive first reading of an Ordinance authorizing the location of the 9 Fifty Whiskey Bar within 150’ of a residential zoning district subject to conditions of approval. Alderman Palmer moved, seconded by Novit to approve waive first reading The following voted “Yea” Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay” None. 8 Yea 0 Nay, Motion carried. Proceedings of the February 19, 2013 Regular City Council Meeting Motion to grant final approval , (authorizing 3F and # 9 condition , kitchen seizes at 10 pm) of an Ordinance authorizing the location of the 9 Fifty Whiskey Bar within 150’ of a residential zoning district subject to conditions of approval. Alderman Palmer moved, seconded by Novit to approve the ordinance as read. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Motion to direct staff to prepare the Liquor Licenses associated with the Westwood Bistro and 9 Fifty Whiskey Bar for Council consideration at the next meeting. Alderman Palmer moved, seconded by Novit, to direct the preparation of amendments to the liquor regulations. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Acting Mayor Schoenheider commended Cathy Cz and staff along with the plan commission on a very thorough job well done with this project. He commented that the City looks forward to two new successful businesses in the downtown. 2. Consideration of an Ordinance Amending Chapter 46, Section 10(E) of the City Code as it Relates to Fences in Ravines and on Bluffs as Recommended by the Plan Commission. (First reading) Cathy Czerniak at the direction of the City Council, the Plan Commission held a public hearing on January 24, 2013, to consider an amendment to the City Code to address fences in ravines and on bluffs. Based on the recommendation of the Plan Commission, an Ordinance amending the City Code to add regulations limiting fences in these sensitive areas is now before the City Council for consideration. Most ravines and bluffs are private property. In the past, staff has worked closely with residents who own property that extends into ravines or over bluffs to discourage construction of fences in these sensitive areas. In many cases, a workable solution is found to address the resident’s desire for privacy and yard enclosure while at the same time protecting the ravine or bluff and the natural character of these areas. However, the Code, as written today, does not specifically prohibit fences in ravines or on bluffs despite the fact that fences in these areas often have impacts that are contrary to the intent of various provisions of the Code as it relates to stormwater flows, tree preservation and slope stability. As a result of some fences recently constructed in ravines, several residents have contacted members of the City Council and City staff expressing concern about the impacts of these fences. This agenda item is not about any specific fence, but instead, requests Council consideration of fences in ravines and on bluffs broadly. The Code amendment as recommended by the Plan Commission: 1) prohibits fences in ravines and on bluffs; 2) acknowledges that individual property owners will be able to request a variance from the Code provisions and establishes criteria under which such requests should be considered; and 3) establishes an amortization period for existing fences. The Plan Commission heard testimony from several residents in support of the proposed amendment as well as testimony from the owner of a ravine property noting concerns about privacy and liability that Proceedings of the February 19, 2013 Regular City Council Meeting are best addressed by fences. During deliberation, the Plan Commission stated support for establishing regulations pertaining to fences in these sensitive areas but acknowledged that requiring removal of existing fences would need to be appropriately balanced with the investments made by property owners. At the conclusion of the public hearing and deliberation, the Plan Commission voted unanimously to recommend an amendment to the Code to prohibit fences in ravines and on bluffs, establish criteria on which requests for variances are evaluated and set an amortization period of ten years for existing fences so long as the fence remains in good repair and the property remains in the same ownership. The Code amendment language as recommended by the Plan Commission is included in the Ordinance. Recommendation: Waive first reading of an Ordinance amending Chapter 46, Section 10(E) of the City Code pertaining to fences in ravines and on bluffs and if desired, grant final approval. After a great deal of discussion from all Council members. Motion to adopt 1st reading , and imposing a moratorium on issuing fence permits by Alderman Pandaleon seconded by Alderman Reisenberg , The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Reisenberg, The following voted “Nay”: Alderman Palmer, Adelman. 6 Yea 2 Nay, Motion carried. Devin Dallas along with Don Surdonny spoke against Amending the Ordinance. NEW BUSINESS 1. Discussion on Liquor Sales at Gas Stations Council and Chief of Police Held spoke about the impact of liquor sales earlier in the Finance Committee meeting . Impacts on the City regarding were safety, possibility of stealing and minors. Bill Lombardis, who own the Shell station at, 193 Deerpath, is seeking A1 license for beer and wine. City Manager Bob Kiely reported that the City Attorney is in the midst of a rewriting of the City’s current liquor ordinance(s), and that any Council member who would like to add input can and should do so. 2. Approval of Rt. 60 Median Landscape Plan Chuck Myers is seeking City Council approval for the Rt. 60 landscape plan which includes the three (3) medians along this gateway corridor. Since the December 3, 2012 City Council meeting, City staff has continued to research and refine options to address landscape concerns of the three medians on Rt. 60. Based on feedback from staff and various stakeholders, it has been determined that the best approach is to look at each of the medians individually and design a plan to match the unique features of each, while at the same time, maintaining Proceedings of the February 19, 2013 Regular City Council Meeting continuity throughout the entire corridor. There were three proposed options for consideration. After debate option A was chosen. OPTION A Option A, proposed that the western most median be landscaped with turf grass, clumps of prairie grasses and smaller canopy trees. The center median is proposed to be landscaped with a stylized prairie concept and bordered with a four foot grass strip. The eastern median would be landscaped with only grass. Staff is also recommended that irrigation be installed to maintain a quality appearance throughout the seasons. The Advantages of Proposed Plan Option A are as follows:  quality appearance during all seasons of the year  minimizes annual maintenance needs and costs  provides a relatively sustainable landscape  can be established quickly to meet resident expectations  fits within the overall landscape palette that already exists with other shareholder’s property along the corridor  overall costs are less than other options considered The improvements that will have the greatest impact on survivability of the plant material are the improvements to the soil and the addition of irrigation. Regardless of Option, the risk of plant loss cannot be eliminated completely; however, the proposed design does reduce the risk significantly. It should also be noted that the total cost for plant material in the proposed plan is approximately $22,000. Even if some plants require annual replacement. The proposed plan, Option A, has been reviewed and discussed with a number of stakeholders and we have received very positive feedback from those that have reviewed it, including representatives from Academy Woods, Stonebridge and the Conway Park Owner’s Association. We have also reviewed the plan with the Civic Beautification Committee who also support Option A. City staff has submitted the Option A plans to IDOT and we are awaiting approval. In tandem, dialogue with the State has been very positive and it appears approval is close. As part of the requirement for the State’s approval, we also need to pass a City Resolution for the installation and maintenance of this landscape in the State right-of-way (page 65 Attachment 5). It is important to note that Option B, the addition of a two-foot wall to the center median, was not submitted to the State as part of the improvement plan. In discussion with the Permit Technician reviewing our plan, he expressed a number of concerns with adding a wall and said it would require a much more extensive (and lengthy) review process. He also mentioned that it has not been done on other State Highways in Lake County and it was highly unlikely to be approved. Staff believes with Option A we have developed a plan that will provide an attractive gateway to this community and one that will achieve our goals in a fiscally responsible manner. Proceedings of the February 19, 2013 Regular City Council Meeting The total estimated cost for the Rt. 60 median project is $230,000. This amount includes expenses related to tree removals and transplanting, soil excavation, hardscape and utility modifications, irrigation, all plant materials and a 10% contingency. We currently have $46,500 remaining in the Rt. 60 Beautification Fund and $30,000 in the Tree Preservation Fund. With the estimated $230,000 total cost, staff will continue to seek stakeholder’s contributions. Staff is requesting that City Council consider using General Fund Balance Reserves for the remaining unfunded $153,500. Recommendation: If appropriate, staff recommends approval of Option A, Rt. 60 landscape plan which includes the three (3) medians along this gateway corridor, using the Route 60 Beautification Fund in the amount of $46,500, the Tree Preservation Fund in the amount of $30,000 with remaining expenses of $153,500 expended from the General Fund Balance Reserves. Further the City Council approves the execution of the IDOT Maintenance Resolution, Resolution # 2013-004. Residents Ron Pazinski , Terry and Joann Desmond, spoke in favor of Option A Alderman Reisenberg moved, seconded by Palmer to approve Option A and pass resolution# 2013-004. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Reisenberg, Palmer and Adelman. The following voted “Nay”: Alderman Tack. 7 Yea, 1 Nay, Motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business, Alderman Pandaleon moved, seconded by Alderman Moore to adjourn the meeting at 10:16p.m. The motion carried unanimously by voice vote. . Respectfully Submitted Margaret Boyer Deputy City Clerk