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CITY COUNCIL 2014/12/01 MinutesThe City of Lake Forest CITY COUNCIL Proceedings of the December 1, 2014 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Pandaleon, Alderman Tack, Alderman Reisenberg, Alderman Adelman and Alderman Moreno. Absent: Alderman Moore. Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Carina Walters, Assistant City Manager; Susan Banks, Communications Manager; Catherine Czerniak, Director of Community Development; Chuck Myers, Superintendent of Parks & Forestry; Elizabeth Holleb, Director of Finance; Diane Hall, Assistant Finance Director; Bob Ells, Superintendent Engineering; and Michael Thomas, Director of Public Works. 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 COMMENTS BY MAYOR Mayor Schoenheider thanked Boy Scout troop # 48 for decorating the light poles with wreaths and swags on Thanksgiving morning. A. Resolution of Appreciation for Eric Montellano The Mayor read the Resolution of Appreciation, Mr. Montellano thanked the City Council for the opportunity to work for The City of Lake Forest. COUNCIL ACTION: Approve the Resolution Alderman Moreno made a motion to approve the Resolution of Appreciation, seconded by Alderman Beidler. Motion carried unanimously by voice vote. Mayor Schoenheider expressed thanks to all those involved in the tree lighting ceremony, and making it another successful event. The Mayor asked all to consider shopping local first holiday season. COMMENTS BY CITY MANAGER City Manager Robert Kiely commented that Com Ed will working in Lake Forest during December and January to enact their vegetation management program, and clearing trees from power lines. Proceedings of the December 1, 2014 Regular City Council Meeting Mr. Kiely also stated that the Lake County Stormwater Commission named Forest Park and the Forest Park Board the “2014 Project of the Year”. The award will be presented in January. City Manager Robert Kiely introduced Chief Howell who acknowledged “Cadet” (Alderman) Michelle Moreno for attending the Lake Forest Fire Academy. Chief Howell presented the certificate. COMMENTS BY COUNCIL MEMBERS A. Finance Committee 1. Consideration of an Ordinance Establishing the 2014 Tax Levy (Grant Final Approval) Finance Director Elizabeth Holleb stated that this Ordinance was seen at the 11/5/2014 Finance Committee, the 11/17/2014 City Council and is presented for final approval. Ms. Holleb explained the schedules reviewing the proposed tax levy for 2014; 1) the tax levy limitations under the tax cap; 2) the tax levy distributed by fund without new growth and allowances distributed; 3) the tax levy by fund with new growth and allowances distributed; and 4) an explanation of the tax increase to an average homeowner to be an average increase to existing residents ($800,000 home) is projected to be $49 or 1.48%. The proposed tax levy for 2014 reflects a 1.88% increase over the 2013 tax levy extensions for the City and Library operating funds and City pension and debt service funds. This increase is comprised of the 1.50% property tax cap increase on those levy lines subject to the tax cap; debt service bond levies as previously approved by City Council bond Ordinances. COUNCIL ACTION: Grant final approval of an Ordinance Establishing the 2014 Tax Levy Alderman Pandaleon made a motion to grant final approval of an Ordinance Establishing the 2014 Tax Levy, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. 2. Approval of Ordinances Abating 2014 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Grant Final Approval) Finance Director Elizabeth Holleb stated that these four Ordinances are for actual bond issues outstanding, and had first reading at the 11/17/2014 City Council meeting. The abatement of these general obligation Alternate Revenue bonds is possible due to these bond funds having adequate revenue sources. She said in order to reduce the bond tax levies, an abatement ordinance for 2010-B Bond, 2010-C Bond, 2011-A refunding and 2011-B refunding Bond will be required. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on this, and seeing none, asked for a motion. Proceedings of the December 1, 2014 Regular City Council Meeting COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various general obligation bond issues. . 3. Consideration of an Ordinance approving a Fee Schedule, Ordinances adopting new fees related to Liquor License Penalty and Credit Card Service Fees, and an Ordinance amending City Code relating to the Direct Debit Program for Water Bills (Grant Final Approval) Finance Director Elizabeth Holleb once again stated that these ordinances were seen at the 11/5/2014 Finance Committee meeting and the 11/17/2014 City Council meeting. Ms. Holleb added that in summary the revenue for the new and increased fees is estimated to be $750 in the General Fund, $42,541 in the Parks and Recreation Fund, $3,934 in the Deerpath Golf Course Fund and $201,378 in the Water Fund. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Grant final approval of the proposed ordinances. Alderman Pandaleon made a motion to grant final approval of the proposed Ordinances, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. B. Property and Public Land Committee 1. Consideration of a Recommendation from the Property and Public Land Committee in Support of a Resolution Authorizing a Purchase Agreement for Property Located on the Northwest Corner of Western and Laurel Avenues, the Former Municipal Services Site. (Approve the Resolution by Motion.) Alderman Reisenberg, Chairman of the Property and Public Land Committee, (PPL), stated that the PPL is recommending that the City Council approve a resolution authorizing a purchase agreement with Focus Development for the former Municipal Services site. In September 2014, the PPL recommended Focus Development to the City Council following a vetting process that included RFQs, (Request for Qualifications) and RFPs, (Request for Proposals). The Focus group met the development parameters of the 2007-2008 community visioning process that was amended in 2012. He added that the redevelopment concepts include significant open space that would be accessible to the public, high quality architecture, a variety of housing types along with enhanced streetscapes and extensive landscaping. Proceedings of the December 1, 2014 Regular City Council Meeting Chairman Reisenberg added that upon approval of the purchase agreement, Focus Development will prepare a detailed land-use plan, conduct the necessary technical studies, develop detailed architectural and landscape plans. Focus will give an introduction of the concepts at the December 10 Plan Commission meeting. He added that the Public Hearing with the Plan Commission and the Building review Board are anticipated for January and February 2015, and that the closing on the property is anticipated to be in the summer of 2015. Chairman Reisenberg noted separately that the Plan Commission is beginning work on the Tax Increment Financing District to support the site clean-up, infrastructure improvements and streetscape enhancements. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: If determined to be appropriate by the City Council, approve a Resolution authorizing and directing the City Manager, the City’s Consultant and the City Attorney to finalize the terms of the Purchase Agreement and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. Alderman Pandaleon made a motion to approve a Resolution authorizing and directing the City Manager, the City’s Consultant and the City Attorney to finalize the terms of the Purchase Agreement and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the City, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. 2. Consideration of an Ordinance Authorizing and Directing Negotiations for the Acquisition of Certain Real Property (First Reading and, if desired, final approval) Approval of an ordinance authorizing the issuance of a final offer to the owners of Property at 120 East Laurel Avenue, Lake Forest, in connection with the redevelopment of the former Municipal Services site. City Attorney Victor Filippini stated that in connection with the City’s ongoing efforts to redevelop its 10-acre former Municipal Services site, staff is requesting City Council approval of an ordinance authorizing the issuance of a final purchase offer to the owners of the adjacent property at 120 East Laurel Avenue. The issuance of a final offer is a prerequisite to the exercise of eminent domain powers, if such authority becomes necessary. Since relocating the City’s municipal services to Field Drive, the City’s former Municipal Services site has remained vacant and in a deteriorating condition. Beginning in 2007, the City began efforts to redevelop this site, and the planning for such redevelopment, and proposals received for such redevelopment, have identified the 120 East Laurel property as a component of the redevelopment plans. Proceedings of the December 1, 2014 Regular City Council Meeting City representatives have been endeavoring in good faith to negotiate with the owners of 120 East Laurel for the acquisition of their property, but thus far those negotiations have been unsuccessful. As a result, the City did obtain an updated appraisal of the market value of the 120 East Laurel property, and on that basis is requesting the City Council to authorize the presentation of a final offer to the property owners based on the appraisal and as a precursor to exercising eminent domain powers if a successful negotiation cannot be achieved. Based the recently obtained appraisal, the cost for acquisition is estimated at $380,000. Mayor Schoenheider asked if there was anyone from the public who wanted to comment, Paul Hamann, of 511 Beverly, offered his opinion on the topic. Mr. Filippini stated that by adopting the ordinance, it allows The City of Lake Forest to exercise options available. COUNCIL ACTION: Waive first reading and approve the attached ordinance authorizing final negotiations for the acquisition of the property at 120 East Laurel Avenue for the appraised value. Alderman Reisenberg made a motion to waive first reading of the ordinance, seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Alderman Moreno made a motion to approve the ordinance authorizing final negotiations for the acquisition of the property at 120 East Laurel Avenue for the appraised value, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. 3. Consideration of a Motion Directing City Staff to Prepare the Necessary Bid Documents and Solicit Bids for Demolition of Structures on the City’s Laurel Ave Property. Alderman Reisenberg, Chairman of the Property and Public Land Committee, stated that there are many vacant buildings at Laurel Avenue following the Municipal Services relocation. He added that those structures need to be demolished to make the site ready for the proposed Focus Development and that the winter months are appropriate. Chairman Reisenberg reported that the PPL recommends authorizing staff to solicit bids and proposals for the City councils approval in January. Mayor Schoenheider asked if there was anyone from the public who wanted to comment, Paul Hamann, of 511 Beverly, offered his opinion on the topic. Chairman Reisenberg added that staff is only soliciting bids and that a decision on those bids would be made at the appropriate time. Proceedings of the December 1, 2014 Regular City Council Meeting COUNCIL ACTION: if determined to be appropriate by the City Council, direct the City Manager to Solicit Bids for the Demolition of Structures on the Laurel Avenue property. Alderman Beidler made a motion to direct the City Manager to Solicit Bids for the Demolition of Structures on the Laurel Avenue property, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. 4. Approval of a License Agreement with the Music Institute of Chicago (MIC) for Volwiler Hall located at 40 E. Old Mill Road. Alderman Reisenberg, Chairman of the Property and Public Land Committee, reported that in 2008 the Music Institute of Chicago assumed the lease at Volwiler Hall form the Lake Forest Symphony, the original lease expired in 2010 and since then has had a series of one year leases. In September 2014 the PPL committee requested that the Music Institute either purchase the property or engage in a long term lease agreement. The Music Institute agreed to a five year lease in the amount of $43,000 per year. Mr. Reisenberg added that separately, the PPL has requested that a Comprehensive Master Plan for the Grove Campus and Northcroft Park properties be developed by the staff. At adoption, The City of Lake Forest will revisit the Institute’s options. Currently the PPL is recommending lease approval. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Approve a License Agreement with the Music Institute of Chicago (MIC) for Volwiler Hall located at 40 E. Old Mill Road. Alderman Reisenberg made a motion to approve a License Agreement with the Music Institute of Chicago (MIC) for Volwiler Hall located at 40 E. Old Mill Road, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the November 17, 2014 City Council meeting Minutes 2. Check Register for period October 25-November 21, 2014 3. Approval of Three-Year Professional Service Agreements with Lake Forest Bank and Trust for banking services and Vantiv for credit card processing services Proceedings of the December 1, 2014 Regular City Council Meeting 4. Approval of a supplemental payment in the amount of $35,000 to the Illinois Municipal Retirement Fund 5. Consideration of an Ordinance Amending Chapter Four of the City Code Regarding Liquor Licenses 6. Award of Bid for the Replacement of an Ambulance for the Fire Department Included in the FY2015 Capital Equipment Budget 7. Award of Bid for the Replacement of a Pick-Up Truck for the Streets & Sanitation Section Included in the FY2015 Capital Equipment Budget 8. Authorization to Dispose of City Property 9. Approval for use of Transportation Alternatives Program (TAP) Grant Funding for the McClory Bike Path Project 10. Award Bid for the Water Plant Intake Well Algae Pre-Screen Project 11. Consideration of a Recommendation from the Plan Commission in Support of Tentative and Final Plat Approval of a 2-Lot Re-Subdivision, the Church of St. James Subdivision. The Property is Located on the west side of Waukegan Road, north of Winwood Drive and is Commonly Known as 1380 N. Waukegan Road. (Approval of a Motion Granting Tentative and Final Plat Approval) COUNCIL ACTION: Approve the Eleven (11) Omnibus items as presented. Mayor Schoenheider asked the Council if they would like any item removed or be taken separately. City Attorney, Victor Filippini stated that there was a scrivener’s error in the minutes to be corrected and item #6 should include the language “with revised pricing as discussed”. Mayor Schoenheider asked for a motion to approve the eleven (11) Omnibus items as presented. Alderman Reisenberg made a motion approving the eleven (11) Omnibus items as presented, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES Proceedings of the December 1, 2014 Regular City Council Meeting 1. Consideration of (i) a Resolution Regarding the Termination of an Intergovernmental Agreement, and Approval of a Wind-Up Agreement, with District 67, and (ii) Ordinances Terminating Special Service Areas 33 and 36 (Final Reading) Victor Filippini, City Attorney, reported that at its last meeting, the City Council discussed an agreement that the City and School District 67 executed in 1994, the Intergovernmental Community Facilities Financing Agreement (“the IGA”) that set forth provisions for ongoing communication, cooperation and consultation related to the housing of school-aged children within the public school system. Pursuant to the IGA, which expired in July 2014, the City has utilized Tax Increment Financing (TIF) money to support improvements at Everett School and established Special Service Areas (SSAs) associated with specific developments to support constructing new school facilities, school improvements or additions required to provide educational services and facilities to the student population within the SSAs. In 1998 and 1999, School District 67 issued $12.8 million in bonds to address long-term facility needs and anticipated SSA tax assessments to fund a portion of the debt service. Mr. Filippini reported that the City and District 67 have identified the possibility of termination of two of the five SSAs earlier than established due to nominal school district enrollment and beginning with the 2014 levy year. SSAs 15, 34 and 35 would be eliminated beginning January 2019. Allen Albus of District 67 and District 115 gave an estimate of approximately three-quarters of a million dollars from 200 to present that has been collected as a result of the SSAs. He added that from information that he attained through the School District, in 1996-97 the District Board of Education initiated a study that assessed the long term needs of the District. Based on the expected results, a combination of expansions and renovations would be needed to meet the anticipated demands of growth throughout the District. The District committed to funding the project(s) through non-referendum means that included fund balance, long term debt, state grants, operational savings, interest earnings, TIF receipts and Special Service Assessment. In 1998 and 1999 the District issued $12.8 million of debt, scheduled to be repaid in 2019. The SSAs were planned to fund $3.8 million of the issuance. Mr. Albus stated that there were improvements made to all the schools. The City Council had a discussion on what special services the homeowners in the SSAs receive and how they relate to homeowners in these subdivisions. The Council asked how many children are currently in all the SSA areas which is estimated to be at 37. The Council noted the use of the SSA requires the revenues obtained be used primarily for the benefit of the people from whom the revenues have been obtained as part of the statute. City Manager Robert Kiely offered clarification on first reading from the November 17 City Council and stated that Staff misunderstood what the City Council was seeking through the request to terminate all SSA’s without any cash payment. The Staff tried to bring an alternative that allowed the matter to be resolved over a shorter period of time without making any cash payment. City Manager Robert Kiely explained that debt was issued on the representation that the SSA’s would be in place, regardless the debt remains until 2019. As discussed at the Nov 17 meeting the cash Proceedings of the December 1, 2014 Regular City Council Meeting out was equivalent to the net present value of the remaining time on the SSAs. The question was raised as to who pays, the homeowners in the SSAs or is it spread out to all residents, and a decision will have to be made on how to pay that. The Council continued a discussion on fairness, the percentage of the SSA’s actually received,and newer subdivisions that were not subject to SSA’s. Mr. Albus added that the District’s Finance Committee has had some of these same discussions and views, and can clearly rationalize termination of SSAs on Regents Row and Thorndale as no children live in those areas. Mr. Albus added that the Committee is working to find a balance to the improvements made and the debt incurred. Mayor Schoenheider asked if there was anyone from the public who wanted to comment. The following offered their opinion on the topic. Catherine Duffy, 1102 Emmons Court Lisa Hathaway, Realtor Richard Wood, 1032 N. Western Ave. AJ Schultz, 1115 Acorn Trail Paul Hamann, 511 Beverly Gill Wallace, Amberely Woods Mayor Schoenheider thanked all those who offered their opinions. The City Council discussed the option of terminating all SSAs without making a payment to the School District. The question of who wo;; meet the debt obligations and fairness was discussed. Mayor Schoenheider asked the City Attorney for advice on the Council’s options. Victor Filippini offered options for the City Council based on discussions: 1. The Council can choose to not act on the Resolution, which means the agreement winds down based on what the agreement says, 2. The Council can approve the ordinance’s approving the termination of all 5 SSAs, noting that the three that are not identified on the agenda will have to be brought back at a subsequent meeting for ratification and the open meetings act: If the Council wants to take the action of termination, they would have to take the action before the end of the year so the ordinances can be filed and the taxes won’t be levied for the upcoming year. Mr. Filippini added the City of Lake Forest has no obligation of a payment to the District. Mayor Schoenheider added that that City Council could have a third option of eliminating all 5 SSAs and making a payment. Clarifications on the earlier approved Tax Levy and the SSAs were made, an option of a special meeting was offered if the School District needed it to change their levy amount. The Council continued discussion on the importance of being mindful of the district’s needs. Mayor Schoenheider offered the Council the following actions: Proceedings of the December 1, 2014 Regular City Council Meeting 1. Passing the Ordinance on second reading for SSAs 33 & 36, leaving the other three in place to sunset out in 2019. 2. Vote to terminate all five of the SSA”S 3. Modifications to terminate all 5 of the SSAs with a payment of $ 350,000 and the benefit of gaining control over the five acres site at Middlefork The Council confirmed that they can remain in discussion with the School District if they terminate the SSAs. Mayor Schoenheider reiterated the importance of the schools and education as a City Cornerstone to the Community. A Mayor Schoenheider asked for a motion based on discussion. COUNCIL ACTION: Approval of the Proposed Resolution for the Wind-Up Agreement and grant final reading Ordinances terminating SSAs 33 and 36. Alderman Tack made a motion instead to approve Ordinances to Terminate SSAs 15, 33,34,35 and 36, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried. Mayor Schoenheider thanked all those who gave their input to the Council. NEW BUSINESS Mayor Schoenheider wished everyone on behalf of the City Council and City Staff, a Merry Christmas and a Healthy and Prosperous New Year. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by Alderman Pandaleon Motion carried unanimously by voice vote at 9:10 p.m. Respectfully Submitted, Margaret Boyer Deputy City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos.