CITY COUNCIL 10-6-08 council agendaTHE CITY OF LAKE FOREST
COUNCIL AGENDA
Monday, October 6, 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. Presentation of The Illinois State Historical Society’s Centennial Award to The City of Lake Forest in Recognition of the Successful Community-wide Celebration of the 100th Anniversary
of Lake Forest Day
PRESENTED BY THE LAKE FOREST WOMAN’S CLUB
B. Proclamation of October 27-November 2, 2008 as National Red Ribbon Week
A copy of the Proclamation is attached beginning on page 9.
C. Proclamation of October 20-24, 2008 as End Polio Now Week, initiated by the Lake Forest/Lake Bluff Rotary Club
A copy of the Proclamation is attached beginning on page 10.
D. Consideration of an Ordinance Amending Chapter 4 of the 7:40 p.m.
City Code to Allow for an Additional Class F-6 Liquor License
(First Reading and Final Approval)
The City Clerk’s Office has recently received a request for a Class F-6 Liquor License from the Deer Path Art League, which has recently relocated to the Gorton Community Center. This
license would allow the Art League to hold open houses for their exhibits once a month with the authority to serve beer and wine at their events. The license would allow for up to 12
events per year at a fee of $500 annually. The other organizations that hold this same class of license are: Elawa Foundation, Lake Forest/Lake Bluff Senior Center, and Centerstage.
A copy of the draft ordinance is attached beginning on page 11.
Recommended Action: Waive first reading, and if desired by the City Council, grant final approval of an ordinance amending Chapter 4 “Alcoholic Beverages”, of the City Code.
2. Comments by City Manager 7:45 p.m.
3. Comments by Council Members 7:50 p.m.
4. Council Committee Reports
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
CONSENT AGENDA 7:55 p.m.
1. Approval of the Minutes of the September 15, 2008 Regular Council Meetings
A copy of the minutes is attached beginning on page 13.
2. Approval of Authorized Invoices and Payrolls
During the month of September the following amounts were disbursed from the Cashier’s Account:
GENERAL FUND WATER TOTALS INVOICES $685,975.58 $138,144.45 $824,120.03 PAYROLL $1,169,601.98 $135,986.20 $1,305,588.18 TOTALS $1,855,577.56 $274,130.65 $2,129,708.21
The motion is for the approval of Authorized Invoices and Payrolls for September 2008.
3. Authorization of Treasurer’s Warrants to Meet Expenses of October, 2008
The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the October 2008 audited accounts.
Recommended Action: Approval of the Consent Agenda as presented.
ORDINANCES 8:00 p.m.
1. Consideration of an Ordinance Amending Chapter 6 of the City Code, “Animals,” regarding Penalties and Charges for Violations (Final Approval)
PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI
This item received first reading approval at the September 2, 2008 City Council meeting.
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
draft ordinance 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.
Based on Council direction given at the September 2nd meeting, changes have been made to the draft ordinance beginning on page 19.
Recommended Action: Grant final approval of the ordinance amending Chapter 6, “Animals” of the City Code.
2. Consideration of a Report and Recommendation from the Historic 8:05 p.m
Preservation Commission to Designate 1522 S. Estate Lane as a Historic
Landmark (First Reading and, if desired by the City Council, Final Approval)
PRESENTED BY SENIOR PLANNER PETER COUTANT (847-604-5655)
On September 24, 2008, the Historic Preservation Commission held a public hearing to consider the Landmark nomination of the residence at 1522 S. Estate Lane. The building was originally
a dove house on the grounds of the Albert Lasker Estate and was designed by noted architect David Adler. The property was converted into a single family residence in the 1950s when
the estate was subdivided and later expanded.
A brief history of the building is provided in the Historic Preservation Commission report and recommendation included in this packet. The full Landmark nomination report has been withheld
from the packet, but is on file with the Community Development and copies are available by contacting City staff. Based on the information provided in the report, consideration of the
applicable criteria from the ordinance and physical inspection of the property, the Historic Preservation Commission voted unanimously to recommend approval of 1522 S. Estate Lane as
a Landmark. There were no objections from surrounding property owners to this request. The ordinance amending the Historic Preservation Ordinance accordingly is included in the packet
beginning on page 23.
Recommended Action: Waive first reading and grant final approval of an amendment to Chapter 51, Historic Preservation, of the Lake Forest City Code designating 1522 S. Estate Lane as
a Landmark.
NEW BUSINESS
1. Consideration of a Request for Interpretation of a Restrictive 8:10 p.m.
Note on the Plat of Subdivision for Conway Park at Lake Forest – Phase IV.
PRESENTED BY ANTHONY LICATA
ATTORNEY REPRESENTING FD III, L.L.C. (an affiliate of CF Land)
The City has received a request from FD III, L.L.C. (“Field”) to recognize Lot 2 of the Conway Park at Lake Forest Subdivision - Phase IV, recorded in January, 1999, as a buildable lot.
The following restrictive note appears on the plat. “For purposes of the Lake Forest Zoning Code calculation of floor area ratio for any lot, the entire area of Lot 2 shall be excluded.”
Based on the record for this subdivision, it appears that the note was placed on the plat to recognize that there was no expectation that the berm located on Lot 2 would ever be removed.
Historically, this note has been interpreted to mean that Lot 2 is unbuildable. However, the intent of the note, given that is was never expected that the berm would be removed, was
likely to prohibit the land area of Lot 2 from being used for the purposes of transferring density from the “berm lot” to another buildable parcel.
With the recent removal of a portion of the berm from this lot, the owners are now interested in pursing development of the parcel with an office building. In support of their request,
Field has submitted a letter setting forth their interpretation of the restrictive note on the plat, a Fiscal Impact Study and a letter of support from the Owners’ Association. All
of these items are included in the City Council packet beginning on page 37. In addition, Field submitted information regarding the capacity of the existing detention pond which serves
the northern portion of Conway Park. The City Engineer has completed his review of the information submitted and concluded that the existing pond was indeed constructed with the capacity
to serve Lot 2 along with the other remaining developable lots in this part of the office park. The City Engineer’s memorandum is also included in the City Council packet.
The request before the City Council is to accept the interpretation of the restrictive note on the plat as presented by the property owner. This action would allow the owner to seek
approval of a new office building and associated parking lot for Lot 2. The proposed development would be required to meet all applicable rules and regulations consistent with the development
that has occurred throughout Conway Park.
Options available to the City Council include:
1) Accept the interpretation of the restrictive note as offered by the property owner and as supported by the Conway Park Owners’ Association.
2) Refer the matter to the Plan Commission for consideration of an amendment to the plat of subdivision in the form of removal or revision of the note.
3) Support the historic interpretation that Lot 2 is not buildable.
2. Consideration of an Ordinance Repealing The City of Lake Forest 8:25 p.m.
Cable Communications Franchising Ordinance and an Ordinance
Granting a Franchise for Operation of a Cable System and Approving
the Cable Franchise Agreement between The City of Lake Forest and
Comcast of Illinois (First Reading)
PRESENTED BY CITY MANAGER ROBERT KIELY (847-615-4271)
Over the past two years, the City Manager, Assistant City Manager and legal counsel have been meeting with Comcast representatives to renew the Cable Television Franchise Agreement that
has been in place since September 26, 1988.
A draft of the proposed franchise agreement was presented to the City Council for consideration back in April, 2006. Shortly thereafter, the State Legislature considered and passed legislation
that included two new statutes (Cable and Video Competition Law of 2007 and the Cable and Video Customer Protection Law) designed to provide new carriers (such as AT&T) access to the
field and reduce the oversight and legislative authority for local governments.
Between amendments to the Federal Cable Act and the new state legislation, local communities have considerably less authority over cable operators than back in 1988. City staff has
met with other local government municipal officials to determine what issues/concerns they have negotiated in their recent franchise renewals. To the extent possible we have incorporated
all the relevant clauses or controls that are available within the parameters of the new legislation. A copy of the proposed franchise agreement, with a recommended commencement date
of November 1, 2008 was included in tonight’s Committee of the Whole packet.
After many negotiating meetings to review a variety of issues including the use of public right-of-ways; public access channel provisions; franchise fees; customer service requirements,
and enforcement of the franchise, it is recommended that the City Council adopt two ordinances in sequence:
First, the Ordinance Repealing Ordinance No. 1690, known as The City of Lake Forest Cable Communications Franchising Ordinance, and, second, the Ordinance Granting a Franchise to Comcast
of Illinois XII, L.P. Both ordinances were also included in the Committee of the Whole packet.
Recommended Action: Approve first reading of the Ordinance Repealing Ordinance No. 1690, known as The City of Lake Forest Cable Communications Franchising Ordinance AND Approve first
reading of the Ordinance Granting a Franchise to Comcast of Illinois XII, L.P.
3. Resolution Adopting the Intergovernmental Service Agreement 8:40 p.m.
between The City of Lake Forest and the Village of Lake Bluff
PRESENTED BY CITY MANAGER ROBERT KIELY (847-615-4271)
Over the past year, the City Manager, Finance Director and other members of the City staff have met with Lake Bluff representatives to review and refresh the intergovernmental service
agreement our two communities have had for approximately 20 years.
The Intergovernmental Service Agreement between The City of Lake Forest and the Village of Lake Bluff (Exhibit A) is a management tool. The Service Agreement ensures that the City’s
calculation methodology for each of the following six (6) service areas is equitable for both communities, and that Lake Forest is appropriately compensated for providing services to
Lake Bluff.
Intergovernmental Service Agreement Service Areas:
Ambulance Services
Fire Dispatch Services
Fire Department Response
Building Inspections and Plan Review Services
CROYA Services
Public Access Television Services; and
Senior Center Services
After many meetings and review of service levels and their attendant costs, it is recommended that the City Council adopt the revised service agreement attached, beginning on page 54.
The Lake Bluff Village Board will be considering the proposed agreement at their October meeting.
Recommended Action: Authorize the City Manager to execute the proposed Intergovernmental Service Agreement with the Village of Lake Bluff, effective
May 1, 2008, and terminating April 30, 2018.
4. Consideration of Establishing an Automatic Response Agreement 8:50 p.m.
between the City of Lake Forest and the Village of Lake Bluff.
PRESENTED BY FIRE CHIEF JEFF HOWELL (847-615-4240)
For several years The City of Lake Forest and the Village of Lake Bluff have had an intergovernmental agreement which allowed Lake Forest to provide services to Lake Bluff such as Building
Inspections, CROYA, Seniors Services, Public access television services, Ambulance and Fire Service. With a recent review and revision of the agreement the realization was brought to
light that the Intergovernmental Agreement between the two communities for reciprocating fire protection services needed to be established. This agreement allows both fire departments
to provide services to each other when needed. The Lake Forest Fire Department currently has Automatic Response Agreements approved by Council with every bordering community except Lake
Bluff. A copy of the agreement is attached beginning on page 62.
Recommended Action: Approve the Automatic Response Agreement between The City of Lake Forest and the Village of Lake Bluff.
5. Award of Bid for the Replacement of the Boat Ramp Pavilion Roof 9:00 p.m.
PRESENTED BY SUPERINTENDENT OF PUBLIC WORKS
MICHAEL THOMAS (615-4265)
In December, 2003, The City of Lake Forest contracted with Illinois Roof Consulting Association (IRCA hereafter) to evaluate the condition of roof systems on each of the City owned buildings.
IRCA was also the consultant and on-site inspector for the replacement of the Water Plant’s, Public Safety’s, Gorton’s and the Beach Pavilion’s roof replacements from 2004 to 2007.
The Boat Ramp Pavilion has its original roof from 1986. Recent inspections have shown that the roof has numerous deteriorated and missing shingles, thereby having portions of its felt
interlayment exposed to the weather. In addition, a large area of organic growth has accelerated the deterioration of the cedar shakes.
Bid specifications were developed and a mandatory pre-bid meeting occurred on August 28, 2008. The City received the following five bids on September 11, 2008:
Bid Tab for the Boat Ramp Pavilion
Budget Amount: $38,000
Roof Style: “Cedar Shake”
Roof Contractor Bid Price Eurocon Enterprises, Inc. $23,100 Herion Roofing $27,875 Cedar Roofing $30,035 All American Roofing $31,000 L. Marshall Roofing $45,400
Recommended Action: After carefully reviewing the bids and verbally confirming both price and scope of work, it is recommended that City Council awarded the roof replacement to the
low bidder, Eurocon Enterprises, Inc. in the amount of $23,100; this is $14,900 under the budgeted amount of $38,000. Additionally staff is requesting a 5% contingency for any unforeseen
conditions.
6. Ratification of an Emergency Contract for a Sanitary Sewer Repair 9:10 p.m.
PRESENTED BY SUPERINTENDENT OF PUBLIC WORKS
MICHAEL THOMAS (847-615-4265)
The City’s Water & Sewer Section is responsible for the maintenance and operation of all of the water, storm, and sanitary sewers throughout Lake Forest. In particular the Section oversees
141 miles of sanitary sewer and 10½ miles of ravines. After the City received 6.1” of the rain on the weekend of September 13th, the Water & Sewer Section received a phone call from
a resident concerned about the sanitary sewer at the bottom of the Mayflower ravine. Upon inspection of the 16”, 20”, and 24” lines, it was determined that due to the high amount of
storm water running down the slope, the toe of the ravine had moved slightly causing separation of various joints along the sanitary lines. Specifically, three issues needed to be addressed
immediately:
A 16” line descending down the ravine slope separated approximately 15’ from the bottom of the ravine.
This 16” line also separated at the “Y” connection where the 16” and 20” sewer lines flow into the 24”.
The 20” and 24” sanitary lines in the ravine are approximately 6’ above grade. Supporting the pipes are steel risers. Two of these risers had lost their support underneath, causing
an 8’ length of pipe on the 24” line to separate. Therefore three Ram Jacks® (tie backs into the ravine) needed to be installed to provide support to both the risers and the pipe itself.
It is important to note that each of these separations was less than ½“ and therefore very little water was escaping the lines.
To make these repairs, the flows from both the 16” and 20” lines needed to be bypassed around the repair area and into the 24” line downstream. To perform this bypass, the 16” line
needed to be plugged and pumped approximately 300’; the 20” line also had to be plugged and pumped approximately 200’.
Water & Sewer staff contacted three local sewer contractors to request quotes for the repair. The following three companies provided estimates:
Company Estimate Kennedy Construction $40,000 Di Meo Brothers $43,000 De Muth, Inc. $45,000
The challenges of bringing material and equipment from the table land to the toe of the ravine along with bypassing two sewers made this an extremely difficult repair. The City has
an easement for these sewers which meant that all of the materials and equipment was transported along a resident’s side yard.
Recommended Action: Per Section 5.5 of the City’s Purchasing Policies and Procedures, staff is recommending that City Council ratify the repair contract for Kennedy Construction in
the amount of $39,551.38. This will be funded by the $50,000 budgeted each year for contingency in the Water Fund’s Capital Improvement Program. A copy of the invoice is attached as
page 67.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 9:20 p.m.
Office of the City Manager
October 3, 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.
October 6, 2008 Agenda Page 6