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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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