The City of Lake Forest CITY COUNCIL Proceedings of the May 20, 2013 Regular Meeting 7:30 p.m. City Hall Council Chambers

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1 The City of Lake Forest CITY COUNCIL Proceedings of the May 20, 2013 Regular Meeting 7:30 p.m. City Hall Council Chambers CALL FOR ORGANIZATION OF THE CITY COUNCIL Deputy City Clerk Margaret Boyer Administered the Oath of Office to: Mayor Elect - - Donald Schoenheider First Ward Alderman-Elect - - Catherine Waldeck Third Ward Alderman-Elect - - Jack Reisenberg Fourth Ward Alderman-Elect - - Michael Adelman Second Ward Alderman-Elect - - George Pandaleon was absent and will be sworn in at the June 2, 2013 meeting. CALL TO ORDER AND ROLL CALL: Mayor Schoenheider called the meeting to order at 7:45p.m. Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Moore, Alderman Tack, Alderman Reisenberg, Alderman Palmer. Absent: Alderman Pandaleon. Quorum present. Also present were: Robert Kiely, City Manager; Victor Filippini, City Attorney; Marlo DelPerico, City Attorney; Susan Banks, Communications Manager; Catherine Czerniak, Director of Community Development, Michael Thomas, Director of Public Works; Michael Thomas, Director of Public Works, Dan Martin, Superintendent of Public Works and Carina Walters, Assistant City Manager. There were approximately 45+ present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Comments by Mayor Mayor Schoenheider took a moment to recognize former Mayor Waldeck and Mayor Swarthout, he thanked them both for their contributions to the community and for coming to this evening s meeting. ELECTION AND APPOINTMENT OF CITY OFFICERS Mayor Schoenheider read off the following; Election by the City Council as Required by Charter and City Code City Treasurer Elizabeth A. Holleb City Supervisor Robert R. Kiely, Jr. City Attorney Victor Filippini 8

2 City Clerk City Surveyor and Engineer Robert R. Kiely, Jr. Gewalt Hamilton Associates Recommended Action: Appoint officers as required by City Charter and City Code. Alderman Palmer made a motion to appoint officers by City Charter and City Code, seconded by Alderman Reisenberg, motion carried unanimously by Voice vote. Reports of City Officers A New Board and Commission Appointments/Reappointments Mayor Schoenheider read off the following appointments and reappointments, with an addition to the Parks & Recreation Board where Curt Volkman was appointed as Chairman. BUILDING REVIEW BOARD Ross Freidman Appoint 4 Edward (Ted) Notz Appoint 2 Robert (Bob) Reda Appoint 1 Charlie King Appoint as Chairman 2 Michael Bleck Reappoint 4 CEMETERY COMMISSION Patrick Looby Appoint 4 Dennis O Brien Appoint 1 Colin Silvester Reappoint as Chairman 3 CROYA Rebecca Quackenbush Reappoint LB Susan Beshilas Reappoint 2 Alana Hender Reappoint 3 Jim Thiel Reappoint 4 Jack Williams Appoint Student Martha Stride Appoint Student Annie Kotlarz Appoint Student 9

3 FIRE AND POLICE BOARD Steve Kernahan Appoint 2 HISTORIC PRESERVATION COMMISSION Robert Alfe Appoint 4 Susan Athenson Reappoint 3 LEGAL COMMITTEE Ken Weinberger Appoint 2 Raymond Buschmann Reappoint as Chairman 4 LIBRARY Kate Bryant Appoint 1 Carol Champ REAPPOINT 1 PARKS & RECREATION BOARD Charles Kohlmeyer Appoint 4 PLAN COMMISSION Guy Berg Appoint 2 James Carris Reappoint 1 Lloyd Culbertson Reappoint 4 ZONING BOARD OF APPEALS Richard Plonsker Appoint 2 Robert Franksen Appoint as Chairman 1 10

4 Recommended Action: Approve appointments recommended by Mayor Schoenheider Alderman Novit made a motion to approve appointments recommended by Mayor Schoenheider, seconded by Alderman Palmer, motion carried unanimously by Voice vote. Mayor Schoenheider then congratulated all Board and Committee members on their appointments and said he looks forward to working with them over the next two years. Cool Cities Environmental Leadership was removed from the agenda and been moved to the June 22 nd meeting. Comments by City Manager Approval of International Association of Fire Fighters (IAFF) Contract between the City and the Lake Forest Firefighters/Lieutenants Bob Kiely, City Manager, introduced Director of Human Resources, DeSha Kalmar, who spoke to the Council about the IAFF renewal contract. The City and the IAFF negotiated a successor contract by not utilizing attorneys (until final review) for the negotiating process and came to tentative agreement in late April. The union ratified the tentative contract on May 6. It was reviewed by the PCA Committee this morning and tonight it is before the City Council for ratification. The duration of the contract is from May 1, 2013, through April 30, It includes retroactive pay increases, effective May 1, Alderman Novit commented that the contract was fair for all involved, Alderman Reisenberg asked if there were any major language changes, to which Desha Kalmar replied that there was only clarification to language in the agreement. Alderman Palmer made a motion to approve the International Association of Fire Fighters (IAFF) Contract between the City and the Lake Forest Firefighters/Lieutenants, seconded by Alderman Reisenberg. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted Nay : None. 7 Yea s 0 Nay, Motion carried. Comments by Council Members A. Property and Public Land Committee 1. The Final Approval of the Gorton Operating Agreement was removed from the agenda and will be discussed at the June 3, 2013 meeting 2. Consideration of a Recommendation from the City s Housing Trust Fund Board Recommending Approval of a Resolution in Support of a Long Term Plan for the Senior Cottages, Authorizing the 11

5 Release of a Reversion Clause for the Property and Authorizing the Acknowledgement of Full Satisfaction of the Obligations of Presbyterian Homes Special Use Permit. (Approval of Resolution) Director of Community Development, Catherine Czerniak, asked Tom Morsch, Chairman of the Housing Trust Fund Board, to speak to Council on the Resolution in support of a long term plan for the Senior Cottages. Mr. Morsch explained that this Resolution would facilitate transfer of the Senior Cottages and stabilize Senior Cottages long term. He added that when they were built, they were built with a large mortgage that needed subsidy to keep them affordable and at the same time provide monies for up keep. Over the years this became a struggle. This solution engages another Not for Profit Organization [Community Partners for Affordable Housing] which is leveraging a grant through IHDA via tax credits to pay down the mortgage, establish a revenue fund and keep the Cottages affordable for the future. Mr. Morsch asked Council for approval of the release of reversion clause. He also stated that the Housing Trust Board unanimously approves the transfer and would like to thank Tom Tropp, who spearheaded this project. Mr. Morsch went on to thank Alderman Moore as a member of Housing Trust, Lake Forest Bank and Trust, along with Catherine Czerniak, and Bob Kiely for helping facilitate a solution. Alderman Adelman stated that the Council recognizes and acknowledges Tom Tropps commitment and personal contributions in this endeavor. RECOMMENDED ACTION: Approve a Resolution in support of the Senior Cottages, authorizing the release of a reversion clause for the Property and authorizing the acknowledgement of satisfaction of the remaining Special Use Permit obligations of Presbyterian Homes. Alderman Novit made a motion to approve a Resolution in support of the Senior Cottages, authorizing the release of a reversion clause for the Property and authorizing the acknowledgement of satisfaction of the remaining Special Use Permit obligations of Presbyterian Homes, seconded by Alderman Moore. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted Nay : None. 7 Yea s 0 Nay, Motion carried. Mayor Schoenheider thanked Tom Morsch for all his leadership and efforts in bringing everyone together to bring a positive solution, and once again a thanked Tom Tropp. 3. Approval of a Resolution declaring Wedgewood Lots #22, #23, #24 a surplus and Approving a 50 ft. Covenant on parcels #23 and #24 City Attorney, Victor Filippini, spoke on behalf of Staff who is requesting approval of a Resolution declaring the Wedgewood Lots #22, #23, #24 a surplus, identify a process in order to actively market the properties and approve a 50 ft. Covenant for each lot. As discussed, the City received these three lots as a gift and that the Council has the ability to dispose of this property if it so chooses. The PPL has reviewed the parcels and believes it is best to remove theses parcels from the City s inventory of land. This resolution allows for: 1. Declare land as surplus, 2. Establish a means for disposition and 3. Impose covenants to be maintained with or without construction which provides visual and sound cover. 12

6 The City has received a number of inquiries from developers over the years expressing interest in the property. The sale of the lots would allow City Staff to reach out to those developers and bring possible offers to City Council. If there is no response, the City Manager would have the ability to retain a broker. There are current appraisals on the property. All offers would come before City Council unless they are at or above appraisal price so long as the City Manager can accept bids. Alderman Moore raised the question as to setbacks relating to the covenants. Director of Community Development, Catherine Czerniak, answered that the setback requirements are the same as our general requirement. RECOMMENDED ACTION: If appropriate and should the City Council desire, approve a Resolution declaring Wedgewood Lots #22, #23, #24 a surplus and Approving a 50 ft. Covenant on parcels #23 and #24. Alderman Moore made a motion to approve a Resolution declaring Wedgewood Lots #22, #23, #24 a surplus and approving a 50 ft. Covenant on parcels #23 and #24, seconded by Alderman Reisenberg. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted Nay : None. 7 Yea s 0 Nay, Motion carried. 4. Approval of a Resolution relating to The City s Right of First Refusal for the property known as, the YMCA Building in Market Square City Attorney, Victor Filippini, spoke on behalf of Staff who is requesting approval of a resolution relating to The City s right of first refusal for the property noted above. In a document dated March 1982, The City of Lake Forest has the right of first refusal on the YMCA Building in Market Square should Market Square ever be sold. The City Attorney has been provided with notice that the property will be for sale, and added that the PPL Committee recommends this action with the Resolution, which waives the City s right and permits the transfer of ownership to Market Square to proceed. RECOMMENDED ACTION: Approve a Resolution related to the City s Right of First Refusal to the YMCA Building in Market Square Alderman Reisenberg made a motion to approve a Resolution related to the City s Right of First Refusal to the YMCA Building in Market Square, seconded by Alderman Moore. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted Nay : None. 7 Yea s 0 Nay, Motion carried. 5. Consideration of a Resolution Directing the Plan Commission to Review and Reconsider Previously Accepted Development Parameters for the City s 10-Acre Laurel and Western Avenues Property (Approval of Resolution) Director of Community Development, Catherine Czerniak, asked Council to recommend a Resolution directing the Plan Commission to hold public meetings to review, reconsider, and if determined to be appropriate, recommend modifications to the Development Parameters for the City s former Municipal Services site. The City Council accepted the Development Parameters for the City owned property 13

7 located at the northwest corner of Western and Laurel Avenues, the former Municipal Services site, in The Development Parameters were prepared after several months of study and public meetings by the ADHOC Western and Laurel Avenues Redevelopment Committee, a study group appointed by former Mayor Rummel in August, In recent months, the Property and Public Lands Committee of the City Council (the PPL) discussed this 10-acre parcel and debated the appropriate timing for renewing discussions about redevelopment of the property. The Committee also considered changes that have occurred both locally and regionally since 2008 when the Development Parameters were accepted and considered current development and market trends and acknowledged that these factors may, or may not, warrant modifications to the Development Parameters. A summary matrix of the parameters follows with a recommendation from the Property and Public Lands on particular items that should be the focus of the Plan Commission s review. After discussion, the PPL determined that the time is right for reconsideration and recommends that the City Council direct the Plan Commission to undertake a review of the Development Parameters for the Laurel and Western Avenue site, revisit the basis upon which they were established, consider today s market trends and invite public comment to hear the community s current thoughts about the property. The PPL further recommends that the Council direct the Plan Commission to complete its review and report back to the City Council with a report and recommendation by September 1, RECOMMENDED ACTION: Approve a Resolution directing the Plan Commission to review and reconsider the Development Parameters for the City owned property located at the northwest corner of Laurel and Western Avenues. Alderman Novit asked about the reason for the recommendation, to which Catherine Czerniak explained that consultants have met and had preliminary conversations with developers. They would like to set up a dialogue with the Plan Commission. Alderman Adelman agreed that this is an opportunity for a discussion and that there will not be any relinquishing of guiding principles. Alderman Novit made a motion to approve a Resolution directing the Plan Commission to review and reconsider the Development Parameters for the City-owned property located at the northwest corner of Laurel and Western Avenues, seconded by Alderman Adelman. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted Nay : None. 7 Yea s, 0 Nay, Motion carried. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the May 6, 2013 regular City Council minutes 14

8 2. Award of Purchase for the Replacement of a One-Ton 4WD Pick-Up Truck for the Forestry Section Included in the F.Y Capital Equipment Budget 3. Award of Purchase for the Replacement of a ½-Ton Extended Cab Pick-Up Truck for the Parks Section Included in the FY2014 Capital Equipment Budget 4. Award of Purchase for the Replacement of a One-Ton 4WD Pick-Up Truck for the Water & Sewer Section Included in the F.Y Capital Equipment Budget 5. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if desired by the City Council, Final Approval) Mayor Schoenheider asked Council if they would like any item removed to be taken separately, and seeing none, asked for approval the five Omnibus items as presented. Alderman Palmer made a motion to approve the five Omnibus items as presented, seconded by Alderman Adelman. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Reisenberg, Palmer and Adelman. The following voted Nay : None. 7 Yea s, 0 Nay, 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 1. Consideration of an Ordinance Amending The City of Lake Forest Liquor Code (Final Approval) City Attorney, Victor Filippini, spoke on behalf of Staff who is requesting final approval of an Ordinance amending the City s Liquor Code. This Ordinance was approved for first reading at the March 18 meeting, with further discussion at the April 15 Council meeting and is now before Council with these minor modifications: The fee for a license has been removed from the Ordinance and placed on a fee schedule, the language around a limited liability corporations has been modified, language allowing the Liquor Commissioner the authority to waive annual fingerprinting on renewal licensing, language allowing the Liquor Commissioner the ability to extend the term of the license, language relating to state code prohibiting Alderman to be a part of an application, and allowance of a class D-1 license holders the opportunity to sell liquor [wine tasting] for off-site consumption limited to four times per year. A lengthy discussion by City Council occurred debating the language in the code relating to liquor sales at gas stations and its appropriateness in The City of Lake Forest. Alderman Palmer made a motion to approve the final reading of the Liquor code with amendments to the class D-1 license, the Aldermanic language, and to strike the language prohibiting liquor sales at gas stations, seconded by Alderman Adelman. The following voted Yea : Aldermen Novit, Moore, Tack, Palmer and Adelman. The following voted Nay : Alderman Waldeck. The Following abstained: Alderman Reisenberg. 5 Yea s, 1 Nay, 1 abstention. Motion carried. 15

9 Andy Duran of LEAD and SPEAKUP addressed Council in opposition of liquor sales at gas stations. 2. Consideration of a Recommendation from the Plan Commission in Support of an Ordinance Amending Chapter 46, Section 10(E) of the City Code as it Relates to Fences in Ravines and on Bluffs (Final approval) Director of Community Development, Catherine Czerniak, stated that in February 2013, the City Council granted first reading of an Ordinance amending the Code to address fences in ravines and on bluffs. As a part of deliberation the Council raised questions about the proposed amortization period for existing fences. At the Council s direction, the proposed amendment was redirected to the Plan Commission for reconsideration after approval of first reading. Specifically, the Commission reconsidered whether an opportunity for a variance should be provided. The Commission heard additional testimony generally in support of eliminating the requirement for existing fences to be removed so long as they remain in a stable and upright condition. At the conclusion of the public hearing and deliberation, the Plan Commission voted unanimously to recommend revisions to the proposed amendment, striking the provision requiring existing fences to be removed either after a specific time period or prior to a transfer of property ownership. The Commission retained language providing the opportunity for a variance from the prohibition of fences in ravines or on bluffs subject to consideration of specific criteria through the normal public review process. A discussion by City Council members occurred debating the length of time and amortization schedule, as well as the life expectance of a fence and hardscapes in the ravines. The resident of 261 Bluffs Edge, addressed Council on his displeasure of this ordinance since he had previously followed all the rules of the City in regards to constructing a fence. RECOMMENDED ACTION: Grant final approval of an Ordinance amending Chapter 46, Section 10(E) of the City Code pertaining to fences in ravines and on bluffs. Alderman Moore made a motion Grant final approval of an Ordinance amending Chapter 46, Section 10(E) of the City Code pertaining to fences in ravines and on bluffs with the Amendment to the amortization schedule to reflect 25 years and a provision that only such fences are to remain, seconded by Alderman Adelman. The following voted Yea : Aldermen Novit, Waldeck, Moore, Tack, Palmer and Adelman. The following voted Nay : Alderman Reisenberg. 6 Yea s, 1 Nay, Motion carried. NEW BUSINESS None ADDITIONAL ITEMS FOR COUNCIL DISCUSSION Alderman Adelman said that he received great feedback from the Community Forum on Native Planting and thanked John Sentell, John Mariani, Tricia Beckgeorge and Nathan Obleck from the Lake County Forest Preserve as well as Mary Van Arsdale. Mayor Schoenheider reminded all that Ward 1 meeting would be Thursday, May 23 from 7-8:30 and that Alderman Waldeck and Novit would lead it. 16

10 Alderman Tack reminded all that the Community Forum in October will be about Ravines. ADJOURNMENT There being no further business. Alderman Palmer made a motion to adjourn, seconded by Alderman Tack. Motion carried unanimously by voice vote at 10:35pm Respectfully Submitted, Margaret Boyer Deputy City Clerk 17