CITY COUNCIL 9-2-08 council agendaTHE CITY OF LAKE FOREST
COUNCIL AGENDA
Tuesday, September 2, 2008 7:30 p.m.
City Hall Council Chambers
CALL TO ORDER AND ROLL CALL 7:30 p.m.
Honorable S. Michael Rummel, Mayor
David D. Grumhaus, Jr., Alderman First Ward Thomas H. Morsch, Jr., Alderman Third Ward
Kent E. Novit, Alderman First Ward Greg C. Hanrahan, Alderman Third Ward
Stuart M. Widman, Alderman Second Ward John A. Looby III, Alderman Fourth Ward
Renard Goltra, Alderman Second Ward Robert T. Palmer, Alderman Fourth Ward
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS 7:30 p.m.
1. Comments by Mayor
A. Appointment of Catherine Waldeck to the Plan Commission
Attached beginning on page 10 is a copy of her Volunteer Profile Sheet.
2. Comments by City Manager 7:35 p.m.
A. Discussion on the Purchasing of Road Salt
3. Comments by Council Members 8:00 p.m.
4. Council Committee Reports 8:05 p.m.
A. Laurel Avenue Committee Report
PRESENTED BY ALDERMAN TOM MORSCH
1. Approval of the Purchasing Agreement for the Property located at 128 E. Laurel Avenue
The City has been in negotiations with the property owner at 128 E. Laurel Avenue to purchase the property as part of the plan to redevelop the Laurel Avenue site. Attached beginning
on page 17 is a letter of intent for the purchase of the property. The closing of this property would take place in December, 2008.
Recommended Action: Approve the purchasing agreement and authorize the Mayor and City Manager to execute and finalize all documents relating to the purchase of 128 E. Laurel Avenue
in the amount of $390,000.
B. Municipal Services Advisory Committee
PRESENTED BY ALDERMAN DAVID GRUMHAUS
1. Discussion and Consideration of Actions relating to the Dalitsch Pond located on the Municipal Services Property
The following is a list of actions that are before the City Council for their consideration relating to the project that would convert the 4 acre Dalitsch Pond from a barrow pit to
a wetland in order to enhance the water quality within the pond.
A. Enter into an Agreement with the Lake County Forest District (LCFPD) over the sale of approximately 19 acres of the Dalitsch property. LCFPD is to be responsible for assuming Maintenance
and Monitoring activities on the pond during years 2 through 10. A copy of the agreement is attached beginning on page 23.
B. Enter into an Agreement with Lake Forest Academy (LFA) over proving certain construction services related to the enhancement of the Dalitsch Pond. LFA will supply, place and grade
fill material necessary to convert the Dalitsch Pond from a barrow pit to a wetland. LFA has contracted with Deany Excavating Co. to undertake this work valued at $411,700. A copy
of the contract is attached beginning on page 30.
C. Enter in an Agreement with Deany Excavating Co. for certain construction services related to the enhancement of the Dalitsch Pond. Tree removal, dewatering and other ancillary work
estimated at $117,100 will need to the undertaken as part of the filling and grading work.
D. Enter into an Agreement with the IEPA regarding the acceptance of a 319 Grant valued at $107,125 to be used toward funding the work that will be undertaken in enhancing the Dalitsch
Pond. Work related to this grant, which includes the site excavation and grading as well as the establishment of the new vegetation must be completed no late than May 1, 2009.
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
CONSENT AGENDA 8:30 p.m.
1. Approval of the Minutes of the August 4, 2008 Regular Council Meetings
A copy of the minutes is attached beginning on page 42.
2. Approval of Authorized Invoices and Payrolls
During the month of August the following amounts were disbursed from the Cashier’s Account:
GENERAL FUND WATER TOTALS INVOICES $681,046.85 $89,904.52 $770,951.37 PAYROLL $1,186,279.68 $130,668.94 $1,316,948.62 TOTALS $1,867,326.53 $220,573.46 $2,087,899.99
The motion is for the approval of Authorized Invoices and Payrolls for August 2008.
3. Authorization of Treasurer’s Warrants to Meet Expenses of September, 2008
The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the September 2008 audited accounts.
4. Award of Contract to Municipal Emergency Services for Fire Fighting Gear, and Menards for Carbon Monoxide Detectors
The Fire Department is currently in the second year of a five year plan to replace its fire fighting turnout gear, and has been successful in being awarded a non-matching grant of $24,994
from the Firemen’s Fund and Mesirow Insurance Services. The grant is specifically allocated to the Fire Department to fund the acquisition of turnout gear and carbon monoxide detectors,
which are distributed to our senior citizens, through a senior program offered by the Fire Department’s Fire Prevention Bureau.
One year ago the Fire Department competitively bid out for a style of gear that best met our needs, and acquired equipment through Municipal Emergency Services. Although it would be
in the Fire Department’s best interests to remain with the same product line provided by Municipal Emergency Services, the Fire Department re-bid for the equipment and Municipal Emergency
Services was the lowest of the three that were received.
The carbon monoxide detectors were also bid out and the vendors are listed below.
The following is a summary of the bids received for turnout gear:
BIDDER BID AMOUNT
1. Municipal Emergency Services $23,221.56
2. Paul Conway Inc. $28,324.20
3. Safety First $29,354.76
The following is a summary of the bids received for Carbon Monoxide Detectors:
1. Menards $1,709.60
2. Lowes $1,723.74
3. Home Depot $1,958.80
The recommended action is to award the bid to Municipal Emergency Services for the purchase of twelve sets of turnout gear at $23,221.56 and to award the bid to Menards for $1,709.60
for 40 Carbon monoxide detectors. The remaining $62.84 will be used to purchase batteries for the Carbon Monoxide detectors.
5. Consideration of a Resolution Appropriating MFT Funds for the Sheridan Road Jurisdictional Transfer Project
Eight years ago, on August 8, 2000, The City of Lake Forest entered into an agreement with IDOT regarding transferring the jurisdiction of Sheridan Road, between Westminster and Westleigh
Road, from the State to the City. As part of this agreement IDOT upgraded the roadway and reconstructed the bridge located on Sheridan Road immediately south of Deerpath. Also as part
of this project the City requested some additional work be undertaken involving the installation of a watermain, the upgrade of a storm sewer and the installation of a new sidewalk on
the west side of Sheridan Road between Highview Terrace and Westleigh Road. At that time the City budgeted $405,000 for its share of the $4,000,000 project. The City had made an initial
payment of $296,000 to IDOT. The remaining balance ($104,000) was not “rolled over” into future fiscal year budgets since IDOT could not give an amount or a timetable when the final
payment would be sought.
After completing the project in 2001, the City recently received the final bill for its share of the project costs from IDOT for $82,956.01. It is recommended to appropriate $82,956.01
in MFT funds to cover the costs of this final billing.
The recommended action is to approve the resolution appropriating $82,956.01 in MFT funds to be used toward the Sheridan Road Jurisdictional Transfer Project.
Recommended Action: Approval of the Consent Agenda as presented.
ORDINANCES 8:40 p.m.
1. Consideration of an Ordinance Amending Chapter 4, “Alcoholic Beverages”, of the City Code (First Reading and Final Approval)
PRESENTED BY DEPUTY CITY CLERK BETH MARQUEZ (847-615-4269)
The City Clerk’s office has received an application for a new annual liquor license for a Japanese style restaurant, “Forest Hiro”, to be located in Fiore Square at 840 S. Waukegan
Road, Suite 114. The request is for a Class C-5, and C-7 license, which would allow for the sale of full liquor, as well as allow for the serving of alcohol in their outdoor patio area
as shown on the site map attached as page 49. The plans for the restaurant have been reviewed by Community Development and a Certificate of Zoning Compliance has been approved. If
the new licenses are approved, the owners of the restaurant will be subject to background checks, as well as by required to submit the required amount of liquor liability insurance as
required by our Liquor Code.
An additional request for an annual license has also been received from the owners of Lake Forest Food and Wine Specialties. Attached beginning on page 50 is a report on proposed changes
to the current store, as well as the renovation plans for the former Deerpath Art Gallery space at 1 Market Square Court, and the additional renovations into the courtyard. The current
space holds a Class A license which allows for packaged liquor to be sold and consumed offsite, and wine tasting privileges. With the proposed renovations and changes to the business,
a Class C-4 would be required, which would allow beer and wine to be consumed on the premises with or without a meal, or for consumption off-premises when sold in packaged form such
as with a carryout meal. They are also requesting a Class C-6 license which would allow beer and wine to be served outdoors.
For the new space at 1 Market Square Court, the business owner is proposing that the packaged liquor that is currently sold in the Western Avenue space, be relocated to the new space.
They are also requesting the authority to sell wine by the glass and hold occasional wine tastings to help promote their product in the new space. This would require a Class B license,
along with wine tasting privileges instead of the current Class A license.
Attached beginning on page 47 is an ordinance amending Chapter 4 of the City Code to omit one Class A license, and allow the additional Class C-5 and C-7 for Forest Hiro, and the additional
Class C-4, C-6 and B for Lake Forest Food and Wine/Courtyard Wines at Market Square.
Recommended Action: Waive first reading, and if desired by the City Council, grant final approval to an ordinance amending Chapter 4 of the City Code.
2. Consideration of an Ordinance Amending Chapter 39, “Taxation” of 8:50 p.m.
the City Code relating to Auditing Procedures (First Reading and
Final Approval)
PRESENTED BY ASST. CITY MANAGER MARCUS PECCIA (847-615-4287)
While negotiating a new Franchise Agreement with Comcast, it was identified that the sections pertaining to "Audit" in the Agreement should reference the City Code, and after comparing
our Code to that of another community, it was determined that Lake Forest's Code should be updated. In summary, the City is updating its Audit Procedures to make them more comprehensive,
and to provide greater clarity in the auditing process. The revised auditing language has been reviewed by the City's auditors and Finance Department, and is presented to the City Council
for their consideration for adoption. A copy of the ordinance is attached beginning on page 58.
Recommended Action: Waive first reading, and if desired by the City Council, grant final approval to an ordinance amending Chapter 39 of the City Code.
3. Consideration of an Ordinance Amending Chapter 6 “Animals” of The 9:00 p.m.
City of Lake Forest City Code (First Reading)
PRESENTED BY POLICE CHIEF JOE BUERGER (847-615-4242)
Over the past few years, the City has received complaints with respect to the lack of penalties that a canine owner may receive if their canine(s) has bitten any person or other animal(s).
Staff reviewed the current code while researching other municipal and county ordinances to identify if in fact the City’s code was in line with other municipalities.
During the analysis staff identified the following sections to be updated: First, increasing the dog license late fees and public nuisance fees. The dollar amounts suggested in the
ordinance beginning on page 63 are more consistent with other municipal fee structures. Incorporating higher penalties will help discourage public nuisance behavior including barking
and running-at-large and encourage licensing for safety purposes.
Second, any and all dog bites will be charged to the owner as opposed to the dog itself. Meaning that any dog bite goes on the owner’s “record” so owners of multiple dogs (at one time
or over time) are held accountable for their canines.
Third, a fee should be charged for dog bite offenses each time a dog bite occurs relating to a specific owner.
The Legal Committee has also reviewed the proposed code changes at its July, 2008 meeting and is unanimously recommending the approval of the ordinance.
Recommended Action: Grant first reading of the ordinance amending Chapter 6 of the City Code.
NEW BUSINESS
1. Consideration of Options for Addressing the Condition of Vacant 9:15 p.m.
Buildings in the Central Business District
PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF
COMMUNITY DEVELOPMENT AND
VICTOR FILIPPINI, CITY ATTORNEY
At the July 21, 2008 City Council meeting, the Council considered the condition of a certain vacant building in the Central Business District, in particular, the former Mobil station
on the northwest corner of Bank Lane and Illinois Road. The Council heard testimony on this matter from several Central Business District property owners. Those testifying expressed
concern about the unkept appearance of the property and of the former service station building which has been vacant for over three years. Concern was expressed that the property, in
its current condition, reflects poorly on the City’s Central Business District and on the community as a whole.
In response to the testimony, the Council took the following actions.
Requested that the neighboring property owners contact the owner of the former service station property in an effort to explore ways to address the current condition of the site and
to encourage the property owner to take action to improve the property.
Directed staff to continue to pursue clean up of the property to the extent allowed under the current provisions of the Code.
Directed staff and the City Attorney to come back to the Council at the next meeting with options for strengthening the Code provisions relating to unkept properties in the Central Business
District.
Response to Item #1
It is staff’s understanding that no communication has occurred between the property owner and neighboring property owners.
Response to Item #2
Since the Council meeting, staff has made the following contacts with the property owner.
On July 23, 2008, City staff sent a letter to the owner summarizing the Council’s discussion at the July 21st meeting and reiterating that the property, in its current condition, constitutes
a nuisance as defined by the Code.
On August 14, 2008, City staff continued its effort to communicate with the property owner and at a minimum, to have the owner establish a regular maintenance schedule for the property.
The letter specifically requested the removal of weeds from the parking lot and from the gutters on the building and trimming of the grass.
Given that staff did not receive a response to either letter, the City hired a private contractor and a minimum level of maintenance work was completed on the site. The cost for that
work, including administrative costs, will be billed to the property owner.
After the City initiated maintenance of the property, staff received a contact from the property owner. The owner informed staff that a development management agreement was recently
entered into and that planning for redevelopment of the property is expected to begin in earnest in September, 2008 and completed within the next 6 to 9 months. Recognizing that under
this scenario, redevelopment of the site is at least another year away; staff requested that the owner submit a letter outlining a timeline for the redevelopment process and most importantly,
a detailed, interim plan for the property. Staff encouraged the property owner to consider removing the existing structure and providing some enhanced perimeter landscaping as an immediate,
interim improvement to the site. In addition, staff offered for consideration the possibility of seeking a Special Use Permit from the City to allow the property to be used as an interim
landscaped parking lot as an alternative to the site remaining in its present condition for another year or more. As of the date of this writing, no further details on the owner’s plans
either for the long term use of this property or for interim measures, have been received. If details are received prior to the City Council meeting, they will be forwarded to the Council.
Response to Item #3
The City Attorney, along with City staff researched and reviewed techniques employed in other communities or otherwise available by law for dealing with vacant buildings and unsightly
properties in business districts. A summary of alternative approaches is provided below. Staff and the City Attorney will be prepared to present additional details on any of these
approaches at the meeting if desired by the Council.
(a) Vacant Building Codes. Some communities have developed an entire regulatory scheme for dealing with vacant buildings that includes the identification, registration, inspection,
and review and approval of a maintenance plan for the vacant buildings. Northbrook has this type of ordinance in place.
(b) Window Display Regulations. Other communities such as Highland Park have enacted regulations regarding the appearance of first floor windows in vacant buildings along with some
generic requirements for keeping the property in a presentable condition.
(c) Time Limits. Waukegan has established a six-month time limit for buildings to remain vacant, after which the building shall be considered abandoned and a public nuisance, and the
City may pursue whatever action to cause the abatement of the said public nuisance. In addition, the exterior of all vacant properties shall be maintained in a clean and sanitary condition
and free from weeds and/or plant growth in excess of 10 inches throughout the cutting season (May 1st thru October 30th).
(d) Securing Building from Access. Some communities focus their attention on securing vacant buildings to prevent illegal access and use. For example, Section 108.2 of the Elgin Property
Maintenance Code establishes detailed requirements for closing a vacant building and maintaining its secure condition.
(e) Demolition/Receivership Actions. This approach has always been available under the Illinois Municipal Code, but it may be viewed as the final line of defense. This approach would
require court action and must meet certain statutory standards.
(f) Expedited Demolition Actions. The City of Chicago often acts under an expedited demolition procedure wherein the City essentially "demolishes first and asks questions later." Although
this approach is authorized under 65 ILCS 5/11-31-1(e), it seems to be directed at conditions where the extent of vacant or dangerous buildings is far more widespread than what the City
is experiencing.
The City Attorney and City staff see merits, limitations and the potential for some unintended consequences to each of the approaches discussed above. Before pursuing any particular
course, further direction from the Council is requested.
3. Award of Contract for West Park Tennis Court Resurfacing 9:45 p.m.
PRESENTED BY DIRECTOR OF PARKS AND RECREATION
MARY VAN ARSDALE (847-615-4332)
The Parks and Recreation Department maintains 23 tennis courts at 6 park sites providing a life time sport for residents of all ages and a revenue stream via instructional lesson programs.
West Park Tennis Courts, located in Ward #1, have played an important role in public recreation since the early 1900’s and are heavily programmed with lessons and utilized for public
drop-in play. West Park courts also provide a hardscape surface for basketball and support a variety of special events, including Lake Forest Day. Tennis courts require maintenance on
a regular basis to keep them in safe and playable condition. General maintenance should be conducted every 3-10 years and involves repainting lines as they become worn, replacing nets,
crack sealing and color coating the surface. When the cracks become too extensive (the industry standard is approximately 500-1,000 lineal feet of cracks) it is necessary to address
the asphalt base. Currently West Park tennis courts are in the worst shape, with over 5,000 lineal feet of cracks, and are our highest priority to fix.
West Park tennis courts were due to be crack sealed at the end of the 2006 season but the weather turned cold early forcing the postponement of the project. The project was bid in September
2007 but the cost to crack seal for 5,000 linear feet of crack resulted in prices higher than what it would potentially cost to replace the asphalt surface. As a result, West Park tennis
courts were put on hold again as staff conducted additional research to address the best long term solution. Funding was rolled forward and was budgeted in the FY2009 Park and Public
Land Fund in the amount of $40,000. After meeting with tennis and asphalt contractors, staff determined that the best direction was to bid a petro-tac fabric underlayment with a 2 inch
full sheet of asphalt on top. Staff went to public bid for asphalt replacement earlier in the summer of 2008 but only one bidder participated with a price guarantee of only 3 days. This
was due to the volatile price of oil at this time. Staff rejected this bid and waited until the industry stabilized and re-bid the project in late August.
Public notice to solicit bids was provided on August 14th with a bid opening date of August 25th. Three companies bid on the work as detailed below. Evans and Son Blacktop, Inc. was
the low base bid at $38,278.03 which was within the cost estimate for the project.
Company Name Bid Amount Evans and Son Blacktop, Inc. $38,278.03 M. C. Sports Systems, Inc. $45,076.00 Superior Paving, Inc. $57,024.36
West Park Tennis Court surfacing has been on hold for 3 years and is in critical need of capital repairs. The surface can no longer be crack sealed and pose safety concerns for our users.
Staff is seeking approval to award this asphalt contract so that the courts can be resurfaced in September of 2008 ensuring that the courts are ready for the 2009 tennis season. There
are maintenance repairs needed at additional park sites in the community but these will be addressed with City Council as part of the upcoming 5-year capital improvement plan and funding
discussion.
Recommended Action: Award a Contract for West Park Tennis Court Resurfacing to Evans and Son Blacktop, Inc. for $38,278.03 to be paid from the funds budgeted in the FY2009 Park and Public
Land Fund.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 10:00 p.m.
Office of the City Manager
August 29, 2008
The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require
certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required
to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons.
September 2, 2008 Agenda Page 6