CITY COUNCIL 11-3-08 council agendaTHE CITY OF LAKE FOREST
COUNCIL AGENDA
Monday, November 3, 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. Proclamation declaring November 10-17, 2008 as Drowsy Driving
Awareness Week
A copy of the Proclamation is attached as page 6.
2. Comments by City Manager 7:35 p.m.
A. Community Spotlight – Lake Forest College, presented by
President Steve Schutt
B. State of the City Address, presented by City Manager Robert Kiely
C. Update on Construction and CIP Projects, presented by
City Engineer Ken Magnus
D. Approval of North Beach Access Road Reconstruction Project Design Change
PRESENTED BY CITY ENGINEER KEN MAGNUS
City Engineer Ken Magnus will report on issues that have occurred with the North Beach Access Road project. A copy of a memorandum relating to issues with the North Beach Access Road
reconstruction project is attached beginning on page 7.
Recommended Action: Accept ALamp’s proposal to undertake additional pavement undercutting work at a cost of $50,000. The funds used will be from the storm sewer bond funds.
3. Comments by Council Members 8:15 p.m.
4. Council Committee Reports
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
CONSENT AGENDA 8:20 p.m.
1. Approval of the Minutes of the October 20, 2008 Regular Council Meetings
A copy of the minutes is attached beginning on page 9.
2. Approval of Authorized Invoices and Payrolls
During the month of October the following amounts were disbursed from the Cashier’s Account:
GENERAL FUND WATER TOTALS INVOICES 472,248.10 100,901.58 573,149.68 PAYROLL 1,175,575.42 132,080.61 1,307,656.03 TOTALS 1,647,823.52 232,982.19 1,880,805.71
The motion is for the approval of Authorized Invoices and Payrolls for October 2008.
3. Authorization of Treasurer’s Warrants to Meet Expenses of November, 2008
The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the November 2008 audited accounts.
Recommended Action: Approval of the Consent Agenda as presented.
ORDINANCES
1. 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 (Final Approval)
PRESENTED BY CITY MANAGER ROBERT KIELY (847-615-4271)
This item received first reading approval at the October 6, 2008 City Council meeting.
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.
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.
Recommended Action: Grant final approval of the Ordinance Repealing Ordinance No. 1690, known as The City of Lake Forest Cable Communications Franchising Ordinance AND grant final approval
of the Ordinance Granting a Franchise to Comcast of Illinois XII, L.P.
2. Consideration of an Ordinance Amending Article XI of Chapter 39 of the 8:40 p.m.
City Code regarding the Real Estate Transfer Tax (First Reading)
PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI
At the October 6, 2008 City Council meeting, there was discussion relating to possible changes to the current real estate transfer tax ordinance. Following that meeting, a draft ordinance
beginning on page 34 has been prepared for Council review and consideration. The following changes are included in the draft ordinance:
1. Amending Section 39-96 regarding exemptions so that the City's code provisions match up more completely with the State transfer stamp law. Under the proposed amendment, there will
be two variances between the City Code and the State law regarding the filing of a declaration for exempt transactions. First, the City ordinance will require a declaration to be filed
for transactions where the consideration is under $100. Second, the City ordinance will require foreclosure-related transactions to file a notification with the City.
2. Adding a new Section 39-96.1 regarding a notification filing for foreclosure-related transactions. In light of recent City experiences, this notification will provide the City with
better information regarding the persons responsible for properties that may become vacant for an extended period of time. Please note that Subsection 39-96.1(f) calls for an acknowledgement
of the conditions on the property, but it does not necessarily make the grantee responsible for all outstanding fees associated with the property (which fees may be released as part
of a foreclosure judgment).
3. Amending Section 39-97 to revise the remedies for violations to reflect other changes in this ordinance and to stiffen the fine for disregarding the requirements of the ordinance.
4. Amending Section 39-100 to modify the refund provisions. These modifications are twofold. First, they extend the current refund opportunity from one to two years after one sells
a dwelling in the City. Note that the current refund opportunity only exist when a resident first sells his or her home and then buys another home within Lake Forest. The second change
expands the scope of the refund to cover an increasingly common circumstance, to-wit: a current resident who buys another home in Lake Forest before the resident is able to sell his
or her current home. This is to address the situation of the changing real estate market.
Recommended Action: Grant first reading approval to the ordinance amending Chapter 39 of the City Code relating to the real estate transfer tax.
3. Consideration of an Amendment to Chapter 9, (Buildings) Article III 9:00 p.m.
(Dangerous Building) to Provide for Registration of Vacant Buildings
PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (847-615-4299)
On July 7, 2008, the City Council adopted an ordinance amending the City Code to enhance the regulations pertaining to property maintenance. As a result of that ordinance, staff was
able to more effectively respond to overgrown yard situations throughout the summer months. At the direction of the City Council, staff has continued to review other sections of the
Code related to property maintenance to determine whether further amendments to the Code would improve the tools available to the City and provide for more effective and efficient response
to unkept and vacant properties.
After researching Code provisions and talking with staff in other communities, staff is recommending Council consideration of adoption of an ordinance requiring the registration of vacant
buildings in cases where specific criteria are met. The goals of such an ordinance would be as follows:
To provide the Police, Fire and Community Development Departments with current contact information for use in the event of an emergency and in the event of any Code violations found
on the property.
To allow the Community Development Department to be pro-active in monitoring these properties in an effort to address any issues before the properties become eyesores in the neighborhood.
To allow the Police and Fire Departments to make officers and fire fighters aware of the vacant status of the property and if appropriate, put it on an observation list.
To require the property owner to notify the City of the initiation of any foreclosure proceedings and of any transfer of the property whether through a sale, deed in lieu of foreclosure
or any other action.
To require the owner to establish a vacant building plan subject to review and approval by the City that sets out a maintenance schedule for the building and the property.
A very preliminary draft of an ordinance requiring the registration of vacant buildings is attached for Council discussion beginning on page 42. If the Council is supportive of this
approach, staff will request review of the ordinance by the City Attorney. The ordinance, as approved by the City Attorney, will be brought back to the Council at the next meeting for
consideration and action if desired.
Recommended Action: Provide direction to staff on whether to pursue adoption of an ordinance requiring the registration of vacant properties in cases where certain criteria are met.
NEW BUSINESS
1. Consideration of a Concept Plan for the Lake Forest-Lake Bluff 9:30 p.m.
Historical Society
PRESENTED BY CITY MANAGER ROBERT KIELY (847-615-4271)
In February 2008, the Finance Committee voted to earmark $20,000 for the development of a concept plan for an improved History Society museum facility. Recognizing that the current
museum building and site provide many challenges and opportunities, a request for proposals was issued for the adaptive reuse of the building. Six proposals were received from architects
with experience in historic preservation, commercial properties and residential properties. Three finalists were invited to make a presentation and interview with the Historical Society.
After an extensive evaluation process, Kathryn Quinn Architects, Ltd. was selected to develop the concept plan. Kathryn Quinn has 23 years of experience providing architectural services
to both the public and private sectors in the Chicago. Further information about her firm as well as other materials is attached beginning on page 49. The total project cost is $41,000
of which the City’s portion is $20,000. At the end of this process, a concept design will be developed including a site plan, floor plans and exterior elevations. The concept plan
will be the catalyst for a capital campaign and the creation of a museum to better suit the needs of Lake Forest and its residents.
Recommended Action: Authorize the expenditure of $20,000 toward the development of a concept plan for the Lake Forest-Lake Bluff Historical Society, and retain Kathryn Quinn for architectural
services.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT 9:45 p.m.
Office of the City Manager
October 30, 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.
November 3, 2008 Agenda Page 5