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CITY COUNCIL 2013/02/19 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Tuesday, February 19, 2013 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL Honorable Donald Schoenheider, Acting Mayor Kent Novit, Alderman First Ward Jack Reisenberg, Alderman Third Ward Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Promotion of Rick Anderson, Rob Copeland and Mike Lange to the rank of Commander 2. Comments by City Manager 7:40 p.m. A. ComEd Annual Report PRESENTED BY JAMES DUDEK, EXTERNAL AFFAIRS MANAGER B. CBD Train Station Renovation Project Update 3. Comments by Council Members 8:10 p.m. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:20 p.m. 1. Approval to renew an Agreement for Financial and Land Parcel Management System Software Maintenance and Licensing for FY2014 STAFF CONTACT: ELIZABETH HOLLEB, DIRECTOR OF FINANCE (810-3612) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to renew a one-year agreement with Sungard/HTE software which includes maintenance services and licensing. 1 February 19, 2013 Agenda BACKGROUND/DISCUSSION: The Sungard/HTE Company has been providing The City of Lake Forest services for a financial and land parcel management software system since 1998. This system is one of the largest software systems to support City operations. It encompasses financial, payroll, purchasing, general ledger, budget, water billing, accounts receivable, fixed assets, parcel management, code enforcement, building permits, and land management planning and zoning. BUDGET/FISCAL IMPACT: On February 6, 2013, staff received the following quote from Sungard / HTE: Maintenance FY2014 Charge Sungard / HTE Financial and Land Parcel Management System Maintenance $60,586 The proposed fee for FY2014 maintenance and licensing represents a 2.00% increase over the costs for FY2013. These costs are budgeted as follows: Funding Source Account Number* Account Budget Amount Requested Budgeted? Y/N FY2013 IT Budget xxx-xxxx-xxx.43-16 $65,693 $60,586 Y * Software licensing costs are allocated to individual departments’ cost centers. RECOMMENDED ACTION: Waive the bid process and approve a one (1) year maintenance agreement with Sungard/HTE for software support and licensing of the City’s financial and parcel management system based on the sole source vendor quote. 2. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading and Final Approval) STAFF CONTACT: CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) The following recommendation from the Zoning Board of Appeals is presented to the City Council for consideration as part of the Omnibus Agenda. 1 Westminster Place – The Zoning Board of Appeals recommended approval of a height variance to allow the installation of a replacement back-up generator on the roof of an existing commercial building. The replacement generator is larger than the existing generator in order to support technology systems which were not in the building when the existing generator was installed many years ago. One letter was submitted in support of this petition; no other public testimony was submitted. (Board vote: 7-0, approved) The Ordinance approving this petition as recommended by the Zoning Board of Appeals including conditions of approval is in the Council’s packet beginning on page 10. The Ordinance and complete exhibits are available for review in the Community Development Department. 2 February 19, 2013 Agenda Recommendation: Waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Zoning Board of Appeals. 3. Request for City Council Approval of an Agreement for Professional Services for a Storm Water Study and a Fiscal Year 2014 Transfer of .5% Home Rule Sales Tax to the Capital Improvements Fund PRESENTED BY: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to enter into an agreement with Baxter & Woodman to perform a Storm Water Management Study. As defined in Section 8.0 D-1 of the City’s purchasing procedures, a “Request for Qualifications” process occurred in late January with an interview and subsequent negotiations with Baxter & Woodman. Because of Baxter Woodman’s past involvement in storm water studies for the City and their knowledge of the storm water system, staff is recommending the firm be utilized for this project. The study will evaluate the City’s entire storm water management system to include storm sewers, roadside ditches, and ravines. The study will determine areas where the system requires improvements and / or replacement of pipe, inlet structures, ditching, or ravine repairs. Baxter & Woodman will incorporate areas of concern from residents and evaluate their relationship with potential deficiencies in pipe size, outfalls, and overland drainage patterns. After all data has been collected, Baxter & Woodman will focus on eight to ten general areas throughout the City where deficiencies exist. A prioritized list of capital improvements will be developed and presented to both City Council and staff in time for the development of the F.Y. ’15 Capital Improvement Plan. This is expected to occur in September or October, 2013. BACKGROUND/DISCUSSION: In October, 1991, Baxter & Woodman performed a comprehensive storm water drainage study for The City of Lake Forest. Computer models of the drainage system were used to identify problem areas and deficient facilities. The report provided a five phase capital improvement plan to address needed areas. Over the next ten years, the City addressed a number of the noted areas. However in October, 2001, the City experienced a three day rain event that caused a significant amount of flooding. A Rainfall Emergency Plan was developed by the Public Works Department and an Ad-Hoc Sewer Oversight Committee was established. Baxter & Woodman was contracted as the City’s consulting engineer to make recommendations that reduced flooding impacts and prioritized storm water improvement projects. They focused on three specific areas that received significant flooding during the October, 2001 flood. The projects primarily focused on the Northmoor and Whispering Oaks neighborhoods and the southwest area of the Fourth Ward. Since that period, nine of the eleven high priority projects noted by Baxter & Woodman have been completed. In May, 2010, the City experienced another significant rain event and received over 80 phone calls from concerned residents. A majority of the calls received were from areas where complaints had not been received in the recent past. The proposed study will evaluate all of the areas of concern and will prioritize projects for a ten year capital improvement plan. BUDGET/FISCAL IMPACT: As was included in the proposed F.Y. 2014 Capital Plan presented at the November 19, 2012 budget meeting, $100,000 is allocated in next fiscal 3 February 19, 2013 Agenda year’s budget to perform this study, funded by a transfer of .5% home rule sales tax revenue. Since the study itself will guide staff in prioritizing storm water improvements in the F.Y. 2015 capital budget, data collection and computer modeling will need to commence immediately. Generally Accepted Accounting Principles (GAAP) requires that all work completed by April 30, 2013 must be paid with current fiscal year funds. Baxter & Woodman has estimated their expenses to be $33,320 of the $99,920 for the period of February 20 – April 30, 2013. Savings realized in this year’s capital improvement fund will pay for the expense through the end of the fiscal year. The remaining $66,600 will be paid via the F.Y. 2014 Capital Improvements Fund. Upon completion of the study, the full amount paid will be funded via the proposed sales tax transfer to the Capital Improvements Fund. Baxter & Woodman’s proposal is attached on page 16 at a not to exceed amount of $99,920. FY2013 Funding Source Fund Number Account Budget Amount Requested Budgeted? Y/N CIP 311-0050 $0 $33,320 N FY2014 Funding Source Fund Number Account Budget Amount Requested Budgeted? Y/N CIP 311-0050 $66,600 $100,000 Y Recommendation: If appropriate and should the City Council desire, Staff requests that City Council approve a storm water drainage study with Baxter & Woodman in the amount of $99,920; this $80 less than the budgeted amount of $100,000. The funding year, sources, and amounts, are noted in the above tables. Staff further requests approval of a transfer of .5% home rule sales tax revenue to the Capital Improvement Fund in the full approved amount. 4. Approval of the February 4, 2013 regular City Council minutes Copy of the minutes are attached beginning on page 20. RECOMMENDED ACTION: Approve The Omnibus items as presented. ORDINANCES 9:00 p.m. 1. Consideration of a Recommendation from the Plan Commission in Support of Ordinances Approving Special Use Permits for Restaurants within 150’ of a Residential Zoning District; the Westwood Bistro and the 9 Fifty Whiskey Bar, both Proposed in Westwood Square, 950 N. Western Avenue. (If desired by the Council, waive first reading and grant final approval.) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) 4 February 19, 2013 Agenda PURPOSE AND ACTION REQUESTED: On December 12, 2012 and January 24, 2013, the Plan Commission held a public hearing to consider the request from the owner of 950 N. Western Avenue, Westwood Square LLC, for Special Use Permits to authorize two new restaurants to occupy the tenant spaces previously occupied by Burger King and King Maa. This petition is now before the City Council for consideration with a recommendation for approval from the Plan Commission subject to numerous conditions of approval. BACKGROUND/DISCUSSION: Restaurants and bars are permitted outright in the B-2 zoning district except when they are within 150 of a residential zoning district. The Special Use Permit process allows conditions of approval, which would not otherwise be put in place for restaurants in the B-2 zoning district, to be established for restaurants located near residential neighborhoods. Conditions of approval as part of a Special Use Permit impose a higher bar for operations and facilities and provide for specific limitations to mitigate the impacts of light, noise and general activity on neighboring homes. The Westwood Bistro and the 9 Fifty Whiskey Bar are proposed by a single owner. The Westwood Bistro will be a full service restaurant located in the former Burger King space. The Bistro will have a full kitchen, a dining room with seating for approximately 120 people and a bar. On a seasonable basis, outdoor dining, with limited hours, is planned. The 9 Fifty Whiskey Bar, despite its name, will be a restaurant and a bar, with a more casual atmosphere than the Westwood Bistro. This business will be located in the former King Maa space and is intended to serve an adult clientele whereas the Bistro is intended to attract a full spectrum of customers, families, as well as adult diners. The Plan Commission received testimony from many residents about potential negative impacts of the proposed uses on the surrounding neighborhood. Through the course of its deliberations spanning two meetings, the Commission developed conditions addressing the majority of the concerns raised including, but not limited to, parking and on site traffic circulation, screening of roof top mechanicals, landscaping, closing time for the outdoor patio and overall maintenance of the site. The Commission heard concerns about the 9 Fifty Whiskey Bar specifically, but recognized that the establishment as proposed is similar to other restaurant/bars in the community. The Commission acknowledged that resident concerns about hours of operation were not fully addressed, but noted that closing times for restaurants have not in the past been established by the City through Special Use Permits. The hours of operation proposed for the new restaurants are generally consistent with those of other restaurants in the community. A summary of published hours for other restaurants in Lake Forest is included in the packet for the Council’s information. At the conclusion of the Plan Commission public hearing, the Commission voted 6 – 0 to recommend approval of the requested Special Use Permits to the City Council subject to numerous conditions of approval. Ordinances including the findings on which the Commission’s recommendation is based and the recommended conditions of approval are included in the Council packet beginning on page 28. For additional information, a report from the Plan Commission is also included in the Council’s packet. The complete record of written testimony submitted for this petition is available upon request from the Community Development Department. 5 February 19, 2013 Agenda Recommendation: A) Waive first reading and, if desired by the Council, grant final approval of an Ordinance authorizing the location of the Westwood Bistro within 150’ of a residential zoning district subject to conditions of approval. B) Waive first reading and, if desired by the Council, grant final approval of an Ordinance authorizing the location of the 9 Fifty Whiskey Bar within 150’ of a residential zoning district subject to conditions of approval. C) Direct staff to prepare the Liquor Licenses associated with the Westwood Bistro and 9 Fifty Whiskey Bar for Council consideration at the next meeting. 2. Consideration of an Ordinance Amending Chapter 46, Section 10(E) of the City Code as it Relates to Fences in Ravines and on Bluffs as Recommended by the Plan Commission. (First reading, and if desired by the City Council, final approval) PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (810-3504) PURPOSE AND ACTION REQUESTED: At the direction of the City Council, the Plan Commission held a public hearing on January 24, 2013, to consider an amendment to the City Code to address fences in ravines and on bluffs. Based on the recommendation of the Plan Commission, an Ordinance amending the City Code to add regulations limiting fences in these sensitive areas is now before the City Council for consideration. BACKGROUND/DISCUSSION: Most ravines and bluffs are private property. In the past, staff has worked closely with residents who own property that extends into ravines or over bluffs to discourage construction of fences in these sensitive areas. In many cases, a workable solution is found to address the resident’s desire for privacy and yard enclosure while at the same time protecting the ravine or bluff and the natural character of these areas. However, the Code, as written today, does not specifically prohibit fences in ravines or on bluffs despite the fact that fences in these areas often have impacts that are contrary to the intent of various provisions of the Code as it relates to stormwater flows, tree preservation and slope stability. As a result of some fences recently constructed in ravines, several residents have contacted members of the City Council and City staff expressing concern about the impacts of these fences. This agenda item is not about any specific fence, but instead, requests Council consideration of fences in ravines and on bluffs broadly. The Code amendment as recommended by the Plan Commission: 1) prohibits fences in ravines and on bluffs; 2) acknowledges that individual property owners will be able to request a variance from the Code provisions and establishes criteria under which such requests should be considered; and 3) establishes an amortization period for existing fences. The Plan Commission heard testimony from several residents in support of the proposed amendment as well as testimony from the owner of a ravine property noting concerns about privacy and liability that are best addressed by fences. During deliberation, the Plan Commission stated support for establishing regulations pertaining to fences in these sensitive areas but acknowledged that requiring removal of existing fences would need to be appropriately balanced with the investments made by property owners. 6 February 19, 2013 Agenda At the conclusion of the public hearing and deliberation, the Plan Commission voted unanimously to recommend an amendment to the Code to prohibit fences in ravines and on bluffs, establish criteria on which requests for variances are evaluated and set an amortization period of ten years for existing fences so long as the fence remains in good repair and the property remains in the same ownership. The Code amendment language as recommended by the Plan Commission is included in the Ordinance which begins on page 58 of the Council packet. Recommendation: Waive first reading of an Ordinance amending Chapter 46, Section 10(E) of the City Code pertaining to fences in ravines and on bluffs and if desired, grant final approval. NEW BUSINESS 9:30 p.m. 1. Discussion on Liquor Sales at Gas Stations 2. Approval of Rt. 60 Median Landscape Plan PRESENTED BY: CHUCK MYERS, SUPERINTENDENT OF PARKS & FORESTRY (810-3565) PURPOSE AND ACTION REQUESTED: Staff is seeking City Council approval for the Rt. 60 landscape plan which includes the three (3) medians along this gateway corridor. BACKGROUND/DISCUSSION: Since the December 3, 2012 City Council meeting, City staff has continued to research and refine options to address landscape concerns of the three medians on Rt. 60. Based on feedback from staff and various stakeholders, it has been determined that the best approach is to look at each of the medians individually and design a plan to match the unique features of each, while at the same time, maintaining continuity throughout the entire corridor. There are two proposed options for your consideration this evening, Option A and B. OPTION A Option A, proposes that the western most median be landscaped with turf grass, clumps of prairie grasses and smaller canopy trees. An aerial view of this median begins on page 61 (Attachment 1). The center median is proposed to be landscaped with a stylized prairie concept and bordered with a four foot grass strip. The aerial view of this median begins on page 62 (Attachment 2. The eastern median would be landscaped with only grass. The aerial view begins on page 63 (Attachment 3). Staff is also recommending that irrigation be installed to maintain a quality appearance throughout the seasons. The Advantages of Proposed Plan Option A are as follows: • quality appearance during all seasons of the year • minimizes annual maintenance needs and costs • provides a relatively sustainable landscape • can be established quickly to meet resident expectations • fits within the overall landscape palette that already exists with other shareholder’s property along the corridor • overall costs are less than other options considered 7 February 19, 2013 Agenda At the direction of the City Council, we have also included Option B which proposes a two-foot high wall feature in the center median (page 64 Attachment 4). OPTION B Option B, which was evaluated by City staff and stakeholders proposes to add a two-foot high wall to the center median. During the staff and stakeholder meetings there was consensus that the wall was not a good option for this median, at the added cost of approximately $175,000. While some cost associated with the installation of a wall may be reduced, such as excavation cost, other costs (such as soil materials, drainage and utility adjustments) would significantly increase the price. The benefits of a wall in regards to reducing salt damage were discussed; however, while the wall may have some benefit in lowering some risk of salt damage to planted material, it is seen as relatively small. The improvements that will have the greatest impact on survivability of the plant material are the improvements to the soil and the addition of irrigation. Regardless of Option A or B, the risk of plant loss cannot be eliminated completely; however, the proposed design does reduce the risk significantly. It should also be noted that the total cost for plant material in the proposed plan is approximately $22,000. Even if some plants require annual replacement, the cost of a wall in Option B would not justify the minimal expense required for plant materials to be replaced. The proposed plan, Option A, has been reviewed and discussed with a number of stakeholders and we have received very positive feedback from those that have reviewed it, including representatives from Academy Woods, Stonebridge and the Conway Park Owner’s Association. We have also reviewed the plan with the Civic Beautification Committee who also support Option A. City staff has submitted the Option A plans to IDOT and we are awaiting approval. In tandem, dialogue with the State has been very positive and it appears approval is close. As part of the requirement for the State’s approval, we also need to pass a City Resolution for the installation and maintenance of this landscape in the State right-of-way (page 65 Attachment 5). It is important to note that Option B, the addition of a two-foot wall to the center median, was not submitted to the State as part of the improvement plan. In discussion with the Permit Technician reviewing our plan, he expressed a number of concerns with adding a wall and said it would require a much more extensive (and lengthy) review process. He also mentioned that it has not been done on other State Highways in Lake County and it was highly unlikely to be approved. Staff believes with Option A we have developed a plan that will provide an attractive gateway to this community and one that will achieve our goals in a fiscally responsible manner. BUDGET/FISCAL IMPACT: The total estimated cost for the Rt. 60 median project is $230,000. This amount includes expenses related to tree removals and transplanting, soil excavation, hardscape and utility modifications, irrigation, all plant materials and a 10% contingency. The addition of a two-foot wall to the center median, setforth in Option B would add an additional $175,000 to the cost of the project. 8 February 19, 2013 Agenda We currently have $46,500 remaining in the Rt. 60 Beautification Fund and $30,000 in the Tree Preservation Fund. With the estimated $230,000 total cost, staff will continue to seek stakeholder’s contributions. Staff is requesting that City Council consider using General Fund Balance Reserves for the remaining unfunded $153,500. FY2013 Funding Source Amount Available Amount Requested Budgeted? Y/N Rt. 60 Beautification Fund $46,500 $46,500 N Tree Preservation Fund $30,000 $30,000 N General Fund Balance Reserves (City Council Contingency) $153,500 $153,500 N Recommendation: If appropriate, and should the City Council desire staff recommends approval of Option A, Rt. 60 landscape plan which includes the three (3) medians along this gateway corridor, using the Route 60 Beautification Fund in the amount of $46,500, the Tree Preservation Fund in the amount of $30,000 with remaining expenses of $153,500 expended from the General Fund Balance Reserves. Further the City Council approve the execution of the IDOT Maintenance Resolution. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 10:00 p.m. Office of the City Manager February 15, 2013 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 The City of Lake Forest CITY COUNCIL Proceedings of the February 4, 2013 Regular Meeting 7:30 p.m. – City Hall Council Chambers Donald Schoenheider was sworn in as Acting Mayor by City Clerk Bob Kiely. CALL TO ORDER AND ROLL CALL: Acting Mayor Schoenheider called the meeting to order at 7:30p.m. Carina Walters called the roll of Council members. Present: Acting Mayor Schoenheider, Aldermen Novit, Alderman Waldeck, Alderman Moore, Alderman Pandaleon, Alderman Tack, Alderman Palmer. Quorum present. There were approximately 30+ present in the audience. Also present were: Robert Kiely, City Manager; Carina Walters, Assistant City Manager; Marlo Del Percio, City Attorney; Catherine Czerniak, Director of Community Development; Susan Banks, Communications Manager; Michael Thomas, Director of Public Works; Bob Ells, ; Anne Whipple, Communications; Jim Held, Police Chief; Desha Kalmar, Human Resources Director. Elizabeth Holleb, Finance Director. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers Resignation from Donald Schoenheider to vacate Third Ward was received. Resignation from Jack Reisenberg as Chair of the Plan Commission was received, Jack Reisenberg was sworn in to fill the vacancy left by Third Ward Alderman Schoenheider. 1. Comments by Acting Mayor Acting Mayor Don Schoenheider advised the audience the Westwood square discussion was placed on the agenda for February 19. A. Appoint Jack Reisenberg to fill the unexpired Third Ward Alderman seat City Manager/City Clerk, Bob Kiely swore in Jack Reisenberg to fill the vacancy left by Third Ward Alderman Schoenheider. Alderman Palmer moved, seconded by Alderman Novit , motion carried unanimously by voice vote. B. Resolution of Appreciation for Lake Forest resident Susan Garrett for serving as Illinois State Representative since 1999 and State Senator since 2003 The resolution was read by Acting Mayor Don Schoenheider recognizing the large number of contributions that Senator Garrett has made to the City of Lake Forest. Susan Garrett will continue to serve on the Hospital Advisory Committee. Alderman Palmer moved, seconded by Alderman Moore to adopt the Resolution. Motion carried unanimously by voice vote. C. Appoint Mike Ley as Chair to the Plan Commission 22 Proceedings of the February 4, 2013 Regular City Council Meeting Alderman Pandaleon moved, seconded by Alderman Palmer to approve the appointment. Motion carried unanimously by voice vote. D. Swearing in of Police Officer Stephanie L. Bong Acting Mayor Donald Schoenheider swore in Officer Bong. Family, friends and constituents from the Police Department were present. 2. Comments by City Manager City Manager Bob Kiely introduced Mike Rummel, former Mayor, now serving on Lake County Board to present the Lake County Strategic Plan. A. Lake County Strategic Plan Mike Rummel presented the 5 year Lake County Strategic Plan. The goals have been identified as; Reduce Congestion and Improve Transportation Systems in Lake County, Enhance livability and economic opportunities, Promote Sustainable Environments. Build Healthy and Resilient Communities, Enhance Public Safety. There will be 5 community forums over the next 30 days. Alderman Novit and Adelman commended Mike Rummel on a job well done A. CROYA Updates- Alderman Moore He would like to see a CROYA update once a month at the first meeting of the month to remind City Council and residents of the annual family fundraiser on February 10. Auction items were mentioned OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION Item number 4 was removed from the Omnibus consideration and moved to Ordinances 1. Check Register for Period December 22, 2012 - January 25, 2013 Check Register For Period December 22, 2012 - January 25, 2013 Fund Invoice Payroll Total General 336,471 1,027,548 1,364,019 Water & Sewer 83,185 105,305 188,489 Parks & Recreation 99,706 247,356 347,062 Capital Improvements 214,621 3,751 218,372 Bond Funds - Projects 0 0 0 Motor Fuel Tax 0 0 0 Cemetery 15,801 14,859 30,659 Senior Resources 15,294 17,432 32,726 Deerpath Golf Course 29,372 15,534 44,906 Fleet 95,121 33,333 128,454 Debt Funds 0 0 0 Housing Trust 0 0 0 23 Proceedings of the February 4, 2013 Regular City Council Meeting Park & Public Land 0 0 0 All other Funds 265,568 139,350 404,918 $ 1,155,138 $ 1,604,467 $ 2,759,605 2. Ordinance Terminating the West Lake Forest Tax Increment Financing (TIF) District, Declaring Surplus Revenue in the TIF District and Authorizing Payment of Surplus Revenue to the Affected Taxing Districts on a Pro Rata Basis and an Ordinance providing for a Supplemental Appropriation for FY13 for the TIF Fund (Final Approval) PURPOSE AND ACTION REQUESTED: Staff requests that the City Council adopt an Ordinance terminating the West Lake Forest TIF district effective December 31, 2012, declaring surplus revenue in the TIF district and authorizing payment of surplus revenue to the affected taxing districts pursuant to State Statutes. Due to FY13 property tax receipts exceeding budget estimates, a supplemental appropriation is required for FY13 to close out the TIF Fund. BACKGROUND/DISCUSSION: The City Council adopted Ordinances approving the West Lake Forest Tax Increment Financing (TIF) District Redevelopment Plan, designating the area as a redevelopment project area pursuant to the Tax Increment Allocation Redevelopment Act, and adopting tax increment allocation financing for the area on May 14, 1988, at which time the certified assessed valuation of the TIF district was $2,396,529. Since 1988, the district has evolved significantly in terms of growth in assessed valuation and increased utilization of previously vacant parcels within the redevelopment project area. Over the years, the City has participated in several major redevelopment initiatives within the district including a new commuter station and parking lot, train depot and fire station, installation of sanitary sewer and water mains, traffic and streetscape improvements, school and park improvements. Private projects have included the renovation of Country Corners shopping center, construction of Sunset Foods shopping center and Lovell’s Restaurant. Several townhouse and single-family developments have occurred. During FY10-12, the City completed a comprehensive upgrade of its fiber optic telecommunications systems within the commercial and public portions of the TIF District. State Statutes establish a standard 23-year period for TIF districts, which for the West Lake Forest TIF ends December 31, 2012. The City notified all impacted taxing districts of the TIF expiration by November 1, 2012 in accordance with statutory requirements and the City Council adopted a resolution confirming its intent to terminate the TIF district effective December 31, 2012 to provide added assurance to taxing districts including the TIF assessed valuation in their 2012 tax levies. As of September 2012, the Lake County Assessor’s Office estimated the additional TIF assessed valuation to be $49.5 million. With all remaining expenditures having been processed by the December 31 deadline, the Finance Department has determined that the special tax allocation fund for the West Lake Forest Redevelopment Area has final surplus funds in the amount of $2,389,515.19 available for distribution on a pro rata basis to the affected taxing districts. Upon approval of the Ordinance, these funds will be 24 Proceedings of the February 4, 2013 Regular City Council Meeting remitted to the Lake County Collector for distribution to the affected taxing districts on a pro rata basis determined by the most recent distribution of property taxes from real property in the TIF district. Property tax receipts in the TIF Fund exceeded Fiscal Year 2013 budget estimates. In order to close out the TIF Fund and make the required payment to the Lake County Collector of the surplus funds, a supplemental appropriation is required in the amount of $10,000. RECOMMENDED ACTION: Grant final approval of the Ordinance terminating the West Lake Forest TIF District, declaring surplus and authorizing payment of surplus to the affected taxing districts on a pro rata basis. Grant final approval of the Ordinance making a supplemental appropriation for the fiscal year beginning May 1, 2012 and ending April 30, 2013 3. Approval of a Contract with McGladrey LLP to Provide Audit Services for Fiscal Years 2013- 2015, as Recommended by the Audit Committee PURPOSE AND ACTION REQUESTED: Staff is seeking City Council approval of an Audit Committee recommendation to contract with McGladrey LLP for financial audit services for the fiscal years ended April 30, 2013 through 2015. In accordance with the City’s Request for Proposals, the City will have the option at its sole discretion to renew the agreement for FY2016 and FY2017. BACKGROUND/DISCUSSION: The City’s agreement with McGladrey LLP for audit services expired with the FY 2012 financial audit. In furtherance of the City’s objective to work collaboratively with other governmental agencies to seek opportunities for economies of scale to benefit residents and taxpayers, the City elected to participate in a joint Request for Proposals (RFP) for Audit Services. With the Village of Glenview serving as the lead agency, the City participated along with the communities of Cary, Grayslake, Highland Park, and Skokie in issuing a joint RFP in September 2012. The RFP anticipated an audit engagement for the fiscal years ending April 30, 2013 through 2015, with a City option for 2016 and 2017. A set of mandatory criteria was developed jointly by the six communities, and a unique scope of work was also set forth by each community. Each firm had the option to propose to one or all participating communities, and each community was allowed to follow its own process and timeline for selection, with no community’s selection of auditor impacting another. Ten firms responded to the RFP, with eight firms providing proposals to Lake Forest. Utilizing the evaluation criteria outlined in the RFP, Finance Department staff completed a review of all eight proposals and selected three finalist firms for interviews by the City’s Audit Committee. The Audit Committee was provided an evaluation matrix that demonstrated the scoring of all eight respondents, as well as two completed reference questionnaires for each finalist firm. At its January 17, 2013 meeting, the Audit Committee conducted interviews of each of the three finalist firms. At the request of the Committee, each finalist firm was asked to submit a last and best offer in regards to fees and two firms were asked to provide follow-up information based on questions that arose following the interviews. Based on all the information received, the Audit Committee approved a recommendation for City Council consideration to retain McGladrey LLP as the City’s audit firm. 25 Proceedings of the February 4, 2013 Regular City Council Meeting BUDGET/FISCAL IMPACT: Responding firms were asked to provide fee quotations for each of the potential five fiscal years of an agreement, and the three finalist firms were asked to submit final offers on fees with each offering a reduction from their original quote. Audit services costs are allocated to a number of funds and the costs associated with the FY2013 audit are incorporated into the FY2014 operating budget. The proposed fee submitted by McGladrey LLP, as amended, for the FY2013 audit is a $25,050 reduction compared to the fee paid for the FY2012 audit. Below is a summary of the FY2012 audit fees compared to the proposed FY13 audit fees and savings: Description FY2012 Audit Fee (FY2013 Budget) FY2013 Audit Fee (FY2014 Budget) Savings Financial Statements/CAFR $ 50,500 $ 50,000 $ 500 Single Audit (if required) $ 11,600 $ 4,500 $ 7,100 Recreation Fund Report $ 5,800 $ 1,500 $ 4,300 Component Unit Report $ 14,000 $ 2,400 $ 11,600 TIF Compliance Report (if required) $ 1,400 $ 800 $ 600 State Comptroller/AFR $ 1,400 $ 450 $ 950 TOTAL $ 84,700 $ 59,650 $ 25,050 RECOMMENDED ACTION: It is recommended that the City Council authorize staff to contract with McGladrey LLP for audit services for Fiscal Years 2013-2015. The City shall have the option to extend the agreement to FY2016 and FY2017 at its sole discretion. 5. Resolution Approving First Amendment to the North Shore Electricity Aggregation Consortium (NSEAC) Intergovernmental Agreement The Intergovernmental Agreement that established the North Shore Electric Aggregation Consortium (NSEAC) contemplated the first year of pooled electric supply purchases. The proposed amendment will extend the duration of the consortium, provide flexibility for future aggregation decisions, and allow the consortium to consider expanding to other activities, including those related to energy efficiency and pricing. The first year of Consortium experience is projected to save Lake Forest electric customers over $3.5 million, and based on the advice of NSEAC professional advisers; future supply contracts may require duration flexibility (multiple years vs. 1 year). If approved, the City retains 26 Proceedings of the February 4, 2013 Regular City Council Meeting the ability to withdraw from the consortium, customers retain the right to opt out of the City supply contract and the consortium can focus on pricing optimization and other related concerns. Based on historic supply cost trends, February and March offer lower cost supply contracts than other times of the year. In order to take advantage of the historic market trends and provide for the added features noted above, staff recommends approval of the Resolution. 6. Approval of the January 22, 2013 regular City Council minutes RECOMMENDED ACTION: Approve The Omnibus items as read. Alderman Novit moved, seconded by Alderman Waldeck to approve the Omnibus items read. The following voted “Yea” Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay” None. 8 Yea 0 Nay, Motion carried. ORDINANCES 4. Consideration of an Ordinance Vacating the Right-of Way Located between the Properties Addressed as 1, 41, 15 Stonegate Road, and the Properties Addressed as 11 and 33 Stonegate Lane. (Final Approval) A discussion was held in regards to the above, including that municipalities can withdraw interest to the public right of way. It was stated that this property is no longer in common usage. Barry Kessler, Attorney for Mr. & Mrs. Jakobowskis, addressed the Council requesting to defer final consideration of the Ordinance. Alderman Palmer moved for Final approval, seconded by Alderman Palmer to approve the Ordinance. The following voted “Yea” Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay” None. 8 Yea 0 Nay, Motion carries NEW BUSINESS The City of Lake Forest is the recipient of an ITEP Grant for renovation of the downtown Train Station. A comprehensive plan will be available at the February 19th City Council Meeting. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business, Alderman Pandaleon moved, seconded by Alderman Moore to adjourn the meeting at 8:07p.m. The motion carried unanimously by voice vote. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 THE CITY OF LAKE FOREST ORDINANCE NO. 2013-___ AN ORDINANCE AMENDING CHAPTER 46, SECTION 10(E), OF THE CITY CODE, AS AMENDED, RELATING TO FENCES IN RAVINES AND ON BLUFFS WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, from time to time it is appropriate to review, update and modify the City Code to assure that it is clear and appropriately detailed and to address new issues that may arise; and WHEREAS, at the direction of the City Council, the Plan Commission considered whether provisions should be added to the Code regulating the placement of fences in ravines and bluffs for the purposes of protecting sensitive environmental areas, preserving community character and maintaining property values; and WHEREAS, the Plan Commission considered and held a public hearing on the proposed amendment on January 24, 2013 in accordance with Code requirements; and WHEREAS, the Mayor and City Council, having considered the recommendations of the Plan Commission, have determined that adopting this Ordinance and amending the Code provisions relating to the Plan Commission as hereinafter set forth, will be in the best interests of the City and its residents; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this Section as if fully set forth. SECTION TWO: Amendment to Chapter 46, Section 10(E) Section 10(E), entitled " Fence, Wall, Planting Locations and Height Limitations," of Chapter 46, entitled "Zoning Code" is hereby amended by adding the 58 1 following language to Section 46-10(E )which shall hereafter be and read to include the following: SECTION 46-10(E) Fence, Wall, Planting Location and Height Limitations **** 5. RAVINES AND BLUFFS a. Prohibition. Fences are not permitted on slopes beyond Ravine or Bluff Edges as defined in Section 2 of this Chapter. b. Variance Criteria. The Zoning Board of Appeals may consider requests for variances from the requirements of this Section to allow fences on slopes beyond Ravine or Bluff Edges. In consideration of such variances, the Zoning Board of Appeals, in addition to the standards for variances in Section 46-21F(1) of the City Code, shall require evidence demonstrating the following: (i) the slope of the Ravine or Bluff Area to be impacted by the proposed fence is stable as demonstrated by a slope stability analysis and report prepared by a licensed engineer; (ii) neither the construction of the fence, nor the ongoing maintenance of the fence will negatively impact the stability of the slope or existing vegetation or trees. This does not include trees or vegetation that may otherwise be approved for removal consistent with the Code; (iii) the proposed location of the fence does not impede overland drainage routes; (iv) the proposed location does not require the removal of, and will not negatively impact, any heritage trees; and (v) the fence is black or dark green open chain link or a similar minimally sight obscuring material approved by the City which preserves the overall natural appearance of the Ravine or Bluff. c. Fences located on slopes beyond Ravine or Bluff Edges at the time of adoption of this provision may remain for a period not to exceed 10 years from the date of adoption of this provision, until ____________, (the “Amortization Period”); provided however, that such fences may only be allowed to remain during the Amortization Period under the following conditions: (i) the fence creates no material impairment to natural drainage, public safety or the stability of neighboring property; 59 2 (ii) the fence is maintained in good repair and in an upright position, repairs shall not involve excavation or the setting of new posts on the slope of the ravine or bluff; and (iii) the property upon which the fence is located remains in the same ownership as exists on the commencement of the Amortization Period. Nothing in this subsection (c) shall bar a request for a variation relating to a fence that does not conform to this Section at the time of its adoption. SECTION THREE: Effective Date. This ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this day of , 2013 AYES: NAYS: ABSENT: ABSTAIN: Approved this day of , 2013 Mayor ATTEST: City Clerk 60 61 62 63 64 65 66