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CITY COUNCIL 2015/08/03 MinutesThe City of Lake Forest CITY COUNCIL Proceedings of the Monday, August 3, 2015 City Council Meeting - City Council Chambers CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at pm, and Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Pandaleon, Alderman Newman, Alderman Tack, Alderman Reisenberg, Alderman Moreno and Alderman Adelman. Absent: None Also present were: Robert Kiely, City Manager; Elizabeth Holleb, Finance Director; Victor Filippini, City Attorney; Catherine Czerniak, Director of Community Development; Sally Swarthout, Director of Parks & Recreation, Michael Thomas, Director of Public Works; James Held, Chief of Police; Kevin Issel, Deputy Chief of Police; Mike Strong, Assistant to the City Manager; Jim Lockefeer, Management Intern and Anne Whipple. There were approximately 25 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 invited the community to participate in all Lake Forest Day festivities. A. 2015-2016 Board and Commission Appointments/Reappointments HISTORIC PRESERVATION COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD Pete Schaefer Appoint 3 COUNCIL ACTION: Approve the Mayors Appointment Alderman Pandaleon made a motion to approve the Mayors appointment, seconded by Alderman Newman. Motion carried unanimously by voice vote. COMMENTS BY CITY MANAGER Proceedings of the August 3, 2015 Regular City Council Meeting City Manager, Robert Kiely introduced Norm Carlson, Lake County Board Representative with Metra. Mr. Carlson shared a letter of appreciation for the Fire and Police Chief in relation to a recent train accident in Lake Forest. City Manager Robert Kiely reported that staff was asked to review current towing practices; and he then introduced James Held, Chief of Police. A. Police Department Towing Policy Review and Update Chief Held presented an updated towing policy in response to concerns raised by a local towing company. Chief Held reported that on many occasions, the Police Department needs to utilize towing services for a variety of reasons; the most common being for accidents when a vehicle is not drivable. It has been the practice of the Lake Forest Police Department to maintain a tow list that is used for these types of situations. The Police Department may also need to utilize a tow service for “arrest tows”. This procedure is somewhat different in that the police department utilizes only one vendor. Chief Held stated that this vendor must meet other requirements separate from the standard “tow list” vendors. Chief Held stated that Lake Forest, in conjunction with surrounding communities has established a fee structure for tow services in order to avoid one company charging more than another for the same service, and that any tow vendor desiring to be included on the tow list must abide by this fee structure. COUNCIL ACTION: No action required. The revised towing policy was prepared by the Police Department with assistance from the City Attorney. The policy was then reviewed and endorsed by the Legal Committee. With the new policy in place, the Police Department will be notifying each of its current tow list companies of the new requirements and application procedure to be included on the list. B. Update on City’s Special Events Policy City Manager, Robert Kiely, reported that staff has looked at the current Special Event Policy in two ways. First determining the impact on the City, what resources are necessary and how the event affects the workforce. Secondly, classifying the different types of events based on affect and services necessary into three different categories. An example, a class A event would include July 4, Tree Lighting and Lake Forest Day. Mr. Kiely stated that staff will be analyzing the other categories to measure the impact on the neighborhoods and the benefits to residents, and will report to the Council in late October. COMMENTS BY COUNCIL MEMBERS FINANCE COMMITTEE A. Consideration of an Ordinance providing for the issuance of up to $10,000,000 General Obligation Bonds, Series 2015, for the purpose of financing certain capital improvements within Proceedings of the August 3, 2015 Regular City Council Meeting the City, including but not limited to, infrastructure improvements in the City’s Laurel Avenue Tax Increment Financing District, providing for the levy and collection of a direct annual tax sufficient to pay the principal and interest on the bonds, and authorizing the sale of the bonds to the purchaser thereof. (Second Reading and Final Approval) Finance Director Elizabeth Holleb reported that the City’s Five-Year Capital Improvement Program anticipated the issuance of bonds in Fiscal Year 2016 of approximately $4.69 million to fund capital improvements in the City. And that the remaining bond proceeds will be used to support Tax Increment Financing (TIF)-eligible improvements in the recently approved TIF district for redevelopment of the Laurel and Western Avenue property. The TIF bond proceeds associated with this issue will reimburse costs associated with property acquisition, site preparation, environmental mitigation and public works improvements, as well as fund capitalized interest on the bonds. Ms. Holleb stated that Moody’s Investors Service conducted a rating review on July 16 and on July 24, the City was notified that Moody’s had issued a Aaa rating on this issue and affirmed the Aaa rating on all outstanding obligations. The interest rate on the bond issue was determined at the online bid auction on August 3. Debt service on the bond issue is scheduled through December 2035 and will be paid from the City’s property tax levy for debt and TIF increment. Ms. Holleb reviewed the Bond sale results:  Competitive Bid – online auction by Speer Financial  Nine (9) bids received  Successful bidder:  FTN Financial Capital Markets  True Interest Cost (3.0396%) – better than estimate of 3.16%  Coupon rates of 2.50% (2016) to 3.75% (2036)  Bonds maturing December 2024 and later are callable beginning 12/15/2023 The City Council had discussion on the Moody’s rating and TIF. Mayor Schoenheider asked if there was anyone who wanted to comment on the matter: Paul Hamman, 511 W Beverly, offered his opinion. Finance Director, Elizabeth Holleb thanked Bond Counsel, Chapman and Cutler and the City’s Financial Advisor, Speer Financial. Alderman Newman advised the Council that he will recuse/abstain himself from the vote on this issue. Seeing no further discussion Mayor Schoenheider asked for a motion. RECOMMENDED ACTION: Grant final approval of the bond ordinance (page 39). An online bid will occur on Monday, August 3. At the August 3 City Council meeting, a final bond ordinance will be presented for Council consideration that will include the successful bidder information and financial details. Proceedings of the August 3, 2015 Regular City Council Meeting Alderman Moreno made a motion to approve an Ordinance providing for the issuance of $9,780,000 General Obligation Bonds, Series 2015, for the purpose of financing certain capital improvements within the City, including but not limited to, infrastructure improvements in the City’s Laurel Avenue Tax Increment Financing District, providing for the levy and collection of a direct annual tax sufficient to pay the principal and interest on the bonds, and authorizing the sale of the bonds to the purchaser thereof (Second Reading and Final Approval), seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. The following abstained; Alderman Newman. 7 Yeas, 0 Nays, 1 abstention. Motion carried. PUBLIC WORKS COMMITTEE 1. Request City Council Approval to Direct the Water Plant’s Design Engineer to Provide Filter Bids for Both an 11 and 14 Million Gallons / Day (MGD) Plant Capacity Public Works Chairman Catherine Waldeck reported that Staff is requesting City Council approval to direct Strand Associates to provide the City Council with formal bids for the water plant’s filters at both an 11 and 14 million gallons / day (MGD) capacity. Chairman Catherine Waldeck summarized the comprehensive evaluation of various options available to address a new filter system at the plant. The City Council acknowledged the increase in cost between the two filter capacities and agreed that a final decision on either an 11 or a 14 mgd plant capacity would be determined based upon the bids and the recommendations received by the Public Works Committee in January, 2016. Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the topic. Seeing none, he asked for a motion. COUNCIL ACTION: Staff Requests City Council Approval to Direct the Water Plant’s Design Engineer to Provide Filter Bids for Both an 11 and 14 Million Gallons / Day (MGD) Plant Capacity. Both Capacities Will Be Reviewed by the Public Works Committee in December, 2015 and a Recommendation Forward for City Council Approval in January, 2016. Alderman Reisenberg made a motion for approval to Direct the Water Plant’s Design Engineer to Provide Filter Bids for Both an 11 and 14 Million Gallons / Day (MGD) Plant Capacity, both Capacities will be reviewed by the Public Works Committee in December, 2015 and a recommendation forwarded for City Council Approval in January, 2016, seconded by Alderman Pandaleon. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. 2. Consideration of an Ordinance Proposing the Establishment of a Special Service Area for the Installation of a Sanitary Sewer System along Regency Lane (SSA #40). (First Reading and if Desired by the City Council, Final Approval) Proceedings of the August 3, 2015 Regular City Council Meeting Public Works Chairman Catherine Waldeck reported that over the past several years, City Staff has received comments from residents in the Regency Lane and Winwood Drive neighborhoods who have suggested that the installation of sanitary sewers would benefit the neighborhood and replace outdated septic systems. Since this type of infrastructure improvement project can be expensive, the City has traditionally utilized a Special Service Area (SSA) as a funding mechanism to pay for this type of improvement. Under an SSA, the City defines an area in which all property owners are benefited by the proposed improvement. Based on the actual cost of the project, a tax rate is established which, when applied against each property and is sufficient to pay for the improvement costs over a period of years. In March 2015, the City sent letters to approximately 45 properties in these neighborhoods addressing these concerns, and introducing the opportunity to discuss establishing an SSA to pursue a sanitary sewer improvement. The City received a response from one resident in the Regency Lane neighborhood asking for more information about the SSA process. City engineering staff first met with Regency Lane residents on May 11, 2015, to discuss the process of installing a public sanitary sewer system. There were a few residents who attended this meeting and expressed interest in moving the process forward to establish an SSA. A second meeting was held with residents on June 23, 2015, to go over preliminary engineering plans, SSA costs, and the steps that would need to be taken to propose an SSA for this project. The engineering plans provided details on the proposed location of a new sanitary system, and residents were informed that ongoing maintenance responsibility of the new public infrastructure would be assumed by the City in perpetuity. An official petition endorsed by a majority of the neighbors has been submitted to the City, in accordance with City policy, along with an initiation letter requesting that the City Council establish a Special Service Area (SSA) to finance the installation of a sanitary sewer system to serve 15 parcels in the Regency Lane Area. Chairman Waldeck reviewed a tentative schedule showing the various steps required to complete the SSA process. The attached proposing Ordinance accomplishes the following: 1. Acknowledges property owners’ request of necessary infrastructure upgrades; 2. Calls for a public hearing on August 17, 2015, to start the 60-day objection period prior to establishment of the SSA; and 3. Establish SSA No. 40 at the Council Meeting on October 19, 2015. The preliminary estimate for the residents’ share of the project, for the installation of a new public sanitary sewer system, is $862,675. This is a conservative estimate based on the information regarding the location of the main utility and scope of the improvement available at the present time. Chairman Waldeck stated the residents’ share of the project and their annual tax levy will be recalculated to reflect the actual total cost of the project once final costs are received. Additionally this project is funded internally from fund balance reserves. Annual tax levies would be recorded and deposited, and the interest accrued would be credited to the City for advancing the funds on behalf of the benefiting property owners. A schedule was provided. COUNCIL ACTION: Proceedings of the August 3, 2015 Regular City Council Meeting 1. Grant first reading and final approval for the Ordinance proposing the Establishment of a Special Service Area for the Installation of a Sanitary Sewer System along Regency Lane (SSA #40) 2. Authorize Gewalt Hamilton & Associates to proceed with Phase I and II engineering for an expense not to exceed $50,100 3. Authorize Gewalt Hamilton & Associates to proceed with the creation of easement documents for an expense not to exceed $9,200 After Council discussion, Mayor Schoenheider asked if there was anyone from the Public who wanted to comment. Seeing none, he asked for a motion. Alderman Beidler made a motion to grant first reading and final approval for the Ordinance proposing the Establishment of a Special Service Area for the Installation of a Sanitary Sewer System along Regency Lane (SSA #40), seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. Alderman Waldeck made a motion to authorize Gewalt Hamilton & Associates to proceed with Phase I and II engineering for an expense not to exceed $18,100, seconded by Alderman Newman. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. Alderman Moreno made a motion to Authorize Gewalt Hamilton & Associates to proceed with the creation of easement documents for an expense not to exceed $9,200, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS Dave Fontana, 701 Woodland, Lake Bluff, IL offered his opinion on the Towing Policy that was previously discussed. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the July 20, 2015 City Council meeting Minutes 2. Approval of the July 27, 2015 Special City Council Workshop meeting Minutes 3. Check Register for Period June 27-July 24, 2015 4. Revisions to FY16 Annual Vendor Approval 5. Approval of a Pension Funding Policy Proceedings of the August 3, 2015 Regular City Council Meeting 6. Award of a Thirty Six (36) Month Contract with XO Communications and a Twelve (12) Month Contract with Call One for Telecommunication Services 7. Award of Contract for Thermoplastic Lane Marking 8. Consideration of Ratification of a Professional Services Contract for Surveying of the McCormick Nature Preserve. 9. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 10. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) COUNCIL ACTION: Approve the ten (10) Omnibus items as presented. Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. After discussion of the following; (i) item # 7- clarifying that this is part of a bid through the NWMC (Northwest Municipal Conference) and (ii) item #8 – clarified that this is done in preparation for the potential land swap, the Mayor asked for a motion to approve the ten Omnibus items. Alderman Reisenberg made a motion to approve the Omnibus items as amended, seconded by Alderman Pandaleon. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 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 ORDINANCES AFFECTING CODE AMENDMENTS . Opening Comments by City Manager, Robert Kiely, Jr. In 2013 the City entered into an agreement with American Legal Publishing to review, edit and compile current Ordinances. A draft copy of the Code and a list of questions were returned to the City in early March 2014. At that time Staff had an opportunity to review sections. As a result, Staff made two types of recommended changes, minor and substantive. Minor changes were submitted when the Code was approved by Council in January, 2015. Staff is now bringing recommended substantive changes that reflect the actions of the City. Proceedings of the August 3, 2015 Regular City Council Meeting 1. Consideration of an Ordinance Amending Sections 51.075, 51.077, 39.156, 39.159, 39.160 and 39.164 of the City Code as Recommended by the Finance Committee. (First Reading) Finance Director Elizabeth Holleb and Public Works Director Michael Thomas gave an overview of the recommended changes pertaining to real estate transfer taxes, water shutoff valve (b-box) inspections and water leaks. Ms. Holleb reported that the proposed Ordinance would amend City Code to reflect current practices and allow for a mechanism to ensure location and accessibility of water shutoff valves (b-box) prior to transfer of title to property, and amend provisions to address water leaks on private property. Mr. Thomas reported that current code prohibits all water customers from affecting the operation or function of a water shutoff valve and that in 2014, the City initiated an inventory of all water shutoff valves in the City, and the inventory is scheduled to be completed later this fall. Mr. Thomas also reported that a list of all properties for which the water shutoff valve cannot be located will be compiled and letters would be sent to property owners encouraging them to locate the shutoff valve and to contact City staff to update City records. Ms. Holleb stated that the proposed Ordinance will allow the City to delay the issuance of permits or real estate transfer tax stamps in the event a water shutoff valve cannot be located on a property or is inaccessible. As presented, the property owner would be required to remedy the situation in accordance with long standing Code requirements. Ms. Holleb also noted that on occasion, the City determines that a property owner’s water shutoff valve is nonfunctional. While not part of the inventory or inspection process, the proposed Ordinance would also allow for delay in the issuance of permits or real estate transfer stamps in the event a water shutoff valve requires repair. In these cases, letters will also be sent to notify the property owner. There are approximately 200 or 3% of B-boxes not located yet. The City Council had discussion about water shut-offs, B-boxes and the connecting to real estate transfer tax and would like to table the current Ordinance and asked the staff to bring forward an amendment that included Council recommendations. COUNCIL ACTION: Approve first reading of the proposed Ordinance recommending changes to City Code relating to real estate transfer taxes, water shutoff valve (b-box) inspections and water leaks. Alderman Adelman made a motion to table the item, seconded by Alderman Newman. Motion carried unanimously by voice vote. NEW BUSINESS None ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT Proceedings of the August 3, 2015 Regular City Council Meeting There being no further business. Alderman Pandaleon made a motion to adjourn, seconded by Alderman Reisenberg. Motion carried unanimously by voice vote at 8:20 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.