CITY COUNCIL 2015/01/05 AgendaAll Members of the City Council have been invited by the Gorton Board for
dinner and a tour of recent construction at 6:00pm at Gorton, 400 E Illinois Road.
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
Monday, January 5, 2015
*Special start time of 7:30 p.m.
City Hall Council Chambers
Honorable Mayor, Donald Schoenheider
Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward
Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward
David Moore, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
Motion to Appoint Alderman Pandaleon as Acting Mayor
CALL TO ORDER AND ROLL CALL 7:30p.m.
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. 2014-2015 New Board and Commission Appointments/Reappointments
Library Board
GORTON BOARD-CITY DIRECTOR
A copy of the Volunteer Profile sheets begin on page 12.
COUNCIL ACTION: Approve the Mayors Appointment
2. COMMENTS BY CITY MANAGER
A. Online Water Billing Demonstration
-Finance Director, Elizabeth Holleb
3. COMMENTS BY COUNCIL MEMBERS
NAME OF MEMBER APPOINT/REAPPOINT WARD
Carrie Travers Appoint 2
NAME OF MEMBER APPOINT/REAPPOINT WARD
Steve Goldman Appoint 3
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January 5, 2015 City Council Agenda
A.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the December 1, 2014 City Council meeting Minutes
A copy of the minutes can be found beginning on page 15.
2. Approval of the December 10, 2014 Special City Council meeting Minutes
A copy of the minutes can be found beginning on page 25.
3. Check Register for period November 22- December 19, 2014
Fund Invoice Payroll Total
General 562,461 1,150,714 1,713,175
Water & Sewer 61,754 126,126 187,880
Parks & Recreation 174,594 303,303 477,897
Capital Improvements 208,165 0 208,165
Motor Fuel Tax 14,136 0 14,136
Cemetery 49,813 16,733 66,546
Senior Resources 15,080 21,670 36,750
Deerpath Golf Course 13,020 21,710 34,731
Fleet 56,183 43,459 99,641
Debt Funds 4,171,394 0 4,171,394
Housing Trust 0 0 0
Park & Public Land 0 0 0
All other Funds 380,906 155,520 536,426
$ 5,707,506 $ 1,839,236
$ 7,546,741
4. Approval of Golf Course Operating Bank Account and a Resolution
Establishing Authorized Signers for the Account
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests approval of the establishment of a new
bank account for golf course operating expenses and a resolution authorizing signers for
the account.
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January 5, 2015 City Council Agenda
BACKGROUND/DISCUSSION: Pursuant to the management agreement between the City
and Kemper Sports Management (KSM) regarding operations of the Deerpath Golf
Course, the City is to open a separate bank account to be utilized by KSM to deposit golf
revenues, pay operating expenses and transfer funds to support payroll obligations. Lake
Forest Bank and Trust Company requires a resolution be approved by the City Council to
establish the account and authorized signers.
BUDGET/FISCAL IMPACT: N/A. There is no fiscal impact of this action.
COUNCIL ACTION: Approval of the establishment of a Golf Course operating account
with Lake Forest Bank and Trust, and a resolution establishing signers for the account
(page 27).
5. Ratification of the Adoption of Ordinances Terminating Special Services
Areas 15, 33, 34, 35 and 36
STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)
PURPOSE AND ACTION REQUESTED: Staff requests that the City Council ratify action taken
on December 1, 2014 to approve Ordinances terminating Special Service Areas (SSAs) 15,
33, 34, 35 and 36 which had been adopted pursuant to an Intergovernmental
Agreement between the City and School District 67 which expired in July 2014.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Finance Committee 10/20/14 Status report on discussions with School
District 67.
City Council 11/17/14 First reading approval granted.
City Council 12/1/14 Adoption of ordinances terminating SSAs
15, 33, 34, 35 and 36.
BACKGROUND/DISCUSSION: Because the December 1, 2014 City Council agenda
referenced action to be taken on SSA 33 and 36 only, it is recommended by the City
Attorney that the City Council take action to ratify its adoption of Ordinances to
terminate SSAs 15, 33, 34, 35 and 36.
BUDGET/FISCAL IMPACT: N/A
COUNCIL ACTION: Ratification of the Adoption of Ordinances Terminating Special Service
Areas 15, 33, 34, 35 and 36.
6. Consideration of a Resolution Ratifying the Execution of a Contract for the
Purchase of Certain Real Property (Approval by motion)
CONTACT: Victor Filippini, City Attorney
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January 5, 2015 City Council Agenda
PURPOSE AND ACTION REQUESTED: As directed by the City Council, negotiations with the
owners of the remaining privately owned parcel on the 10-acre redevelopment site
located on the northwest corner of Laurel and Western Avenues have been completed.
A contract for City acquisition of the property, 120 E. Laurel Avenue, was prepared in
collaboration with the attorney representing the property owners and has been signed
by the appropriate parties, subject to final Council ratification.
BACKGROUND/DISCUSSION: Since relocating the City’s Municipal Services Facility to Field
Drive, the City’s former Municipal Services site has remained vacant and in a
deteriorating condition. Beginning in 2007, the City began efforts to redevelop this site,
and the planning for such redevelopment, and proposals received for such
redevelopment, have identified the 120 E. Laurel parcel as necessary to the
redevelopment plans.
On December 1, 2014, the City Council approved an Ordinance authorizing final
negotiations for the acquisition of the property at 120 E. Laurel Avenue. As noted above,
negotiations with the property owners and their attorney have been completed and a
purchase contract prepared and signed.
BUDGET/FISCAL IMPACT: The contract provides for City acquisition of the parcel and
payment of relocation benefits and moving expenses in the amount of $790,000. These
costs are included within the scope of “property assembly” under the TIF Act and can be
reimbursed through a Tax Increment Financing District. Because the closing will precede
the establishment of any TIF District and issuance of bonds, it is recommended that an
interfund loan be made from the Capital Improvements Fund or the General Fund, which
loan would be repayable from the first issuance of TIF bonds,
COUNCIL ACTION: By motion, approve a Resolution (Page 30) ratifying the execution of
the contract to purchase the property at 120 E. Laurel Avenue.
7. Consideration of Ordinances Approving Recommendations from the
Building Review Board. (First Reading and if Desired by the City Council,
Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Building Review Board are presented to the City
Council for consideration as part of the Omnibus Agenda.
920 S. Waukegan Road - The Building Review Board recommended approval of an updated
signage plan for the Private Bank. No public testimony was presented to the Board on this
petition. (Board vote: 7-0, approved)
690 Oakwood Avenue - The Building Review Board recommended approval of the demolition
of the existing house and construction of a replacement residence, detached garage and the
associated landscape plan. The Board heard public testimony from a nearby property owner
who commended the overall project and offered some suggestions regarding refinement of
the side elevations, landscaping and the location of the air conditioner unit. The Board’s
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January 5, 2015 City Council Agenda
approval includes conditions for some refinement as the plans are put into final form. (Board
vote: 6-0, approved)
1177 Estate Lane - The Building Review Board recommended approval of a partial demolition,
second floor addition, various alterations and an updated landscape plan. The Board heard
public testimony from a neighboring property owner who stated support for the proposed
upgrade to the property and requested that a significant oak near the property line be
protected during construction. The Board included a condition of approval requiring careful
protection of the large oak tree noting that it is away from the area of construction activity.
(Board vote: 6 -0, approved)
636 Northmoor Road - The Building Review Board recommended approval of a new residence,
detached garage and landscape plan for a vacant lot. The Board heard testimony from a
resident who lives in the neighborhood who suggested that the number and size of the
windows on the side elevations be reduced in consideration of the neighboring homes. The
Board asked the petitioner to give some further consideration to refining the window
placement on the side elevations while also recognizing the importance of providing for
natural light into the new home. (Board vote: 7 - 0, approved)
The Ordinances approving the petitions as recommended by the Building Review Board, with
key exhibits attached, are included in the Council packet beginning on page 48. The
Ordinances and complete exhibits are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Building Review Board’s recommendations.
8. Consideration of Ordinances Approving Recommendations from the Historic
Preservation Commission. (First Reading and if Desired by the City Council,
Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Historic Preservation Commission are presented to the
City Council for consideration as part of the Omnibus Agenda.
111 W. Westminster - The Historic Preservation Commission recommended approval of a
building scale variance for a replacement, detached garage on an historic property. The
Commission found that the project complies with the design standards and satisfies the criteria
for a building scale variance. The neighboring property owner to the east, the most affected
neighbor, stated support for the project. A variance from the side yard setback requirement is
also required for this project. The Zoning Board of Appeals recommended approval of the
zoning variance and a separate ordinance is included in the Council packet for that aspect of
the project. (Commission vote: 6-0, approved)
999 Lake Road - The Historic Preservation Commission recommended approval of a building
scale variance to allow the reconstruction and replication of portions of the residence that
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January 5, 2015 City Council Agenda
were removed in the 1940s. The residence was designed by Howard Van Doren Shaw in 1913.
A new, architecturally appropriate garage is also proposed. The Commission found that the
project complies with the design standards and satisfies the criteria for a building scale
variance. No public testimony was presented to the Commission on this petition. A variance
from the steep slope setback requirement is also required for this project. The Zoning Board of
Appeals, based on an analysis and support of the request by the City Engineer, recommended
approval of the steep slope setback variance and a separate ordinance is included in the
Council packet for that aspect of the project. (Commission vote: 5-0, approved)
The ordinances approving the petitions with conditions of approval as recommended by the
Historic Preservation Commission, with key exhibits attached, are included in the Council’s
packet beginning on page 75. The Ordinances and complete exhibits are available for review
in the Community Development Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Historic Preservation Commission’s recommendations.
9. Consideration of Recommendations from the Zoning Board of Appeals in
Support of Ordinances Granting Zoning Variances. (First Reading, and if
Desired by the City Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Zoning Board of Appeals are presented to the City
Council for consideration as part of the Omnibus Agenda.
507 Lexington Drive – The Zoning Board of Appeals recommended approval of a variance from
the side yard setback to allow construction of a second floor master bedroom over an existing
one story element. One letter of support was received from a neighboring property owner.
(Board vote: 6 - 0, approved)
111 W. Westminster – The Zoning Board of Appeals recommended approval of a variance from
the side yard setback to allow construction of a detached, replacement garage. One letter of
support was received from a neighboring property owner. A building scale variance is also
required for this project. The Historic Preservation Commission recommended approval of the
building scale variance and a separate ordinance is included in the Council packet for that
aspect of the project. (Board vote: 4 - 0, approved)
995 Woodbine Place - The Zoning Board of Appeals recommended approval of side and front
yard variances to allow construction of a replacement addition, modification of a portion of
the roof and the addition of a covered front porch. Two neighboring property owners spoke in
support of the project. In response to a concern raised by a neighboring property owner,
landscaping was added to screen the increased mass of the rear of the residence. (Board
vote: 6 - 0, approved)
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January 5, 2015 City Council Agenda
999 Lake Road – The Zoning Board of Appeals recommended approval of a variance
from the steep slope setback to allow the reconstruction and replication of portions of
the residence that were removed in the 1940s. The residence was designed by Howard
Van Doren Shaw in 1913. Construction of an architecturally appropriate replacement
garage is also proposed. No public testimony was presented to the Board on this
petition. A building scale variance is also required for this project. The Historic
Preservation Commission recommended approval of the building scale variance and a
separate ordinance is included in the Council packet for that aspect of the project.
(Board vote: 6 - 0, approved)
The Ordinances approving the petitions as recommended by the Zoning Board of Appeals,
including key exhibits; are included in the Council packet beginning on page 92. The
Ordinances and complete exhibits are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Zoning Board of Appeals’ recommendation.
10. Approval of a Lease Agreement Between the Elawa Farm Foundation and
the Parks and Recreation Department for the Elawa Cottage.
STAFF CONTACT: CARINA WALTERS, ASSISTANT CITY MANAGER (810-3680)
PURPOSE AND ACTION REQUESTED: According to Section 5.1. in the City’s policy for the
inventory, sale, lease and retention of public property the City Council must approve any
leases longer than 5 years and/or exceeding $10,000. The lease presented before you on
page 124 of the packet is a three year lease with rent exceeding $ 27,000. This evening,
staff recommends approving a three year lease agreement between the Elawa Farm
Foundation (EFF) and the Department of Parks and Recreation at 1403 Middlefork Drive.
BACKGROUND/DISCUSSION: In March 2014 the City signed the Elawa Farm Operating
Agreement. Under the terms and conditions of the agreement the EFF is responsible for
the day to day operations of the Farm including negotiation of the City’s Third Party
agreements and/or leases. One of the immediate action items was to renew the
Cottage lease with the current tenant which expired in May 2014. Since May staff and
the Executive Director have been negotiating a mutually beneficial lease.
The majority of the lease terms and conditions are similar to the expired lease with the
exception of the agreement will be with the Department of Parks and Recreation versus
the current cottage caretaker. The annual rate is $27,960 which will be increased by the
12 month CPI or 3% whatever is greater. Many of you are aware in the past, the City has
accepted, on behalf of the Friends of the Lake Forest Parks and Recreation Foundation,
a generous donation which supports the Cottage rent as well as other costs related to
the Wildlife Discovery Center. The City has again received a pledge for the three-year
duration of the lease that will support the full annual rental payment.
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January 5, 2015 City Council Agenda
COUNCIL ACTION: If appropriate and should the City Council desire, approve a lease
agreement with the Elawa Farm Foundation and the Parks and Recreation department
for the Elawa Cottage.
11. Consideration of a Request to Waive Building Permit Fees for Improvements
at Gorton Community Center, a City Owned Building. (Approve by Motion)
STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504)
PURPOSE AND ACTION REQUESTED: As r equired by the City Code, City Council approval
of the waiver of fees in an amount exceeding $5,000 is required.
BACKGROUND AND DISCUSSION: On July 1, 2013, the City Council approved a restated
Agreement with Gorton Community Center. The Agreement allows Gorton Community
Center to make improvements to the City owned building and property at 400 Illinois
Road. As provided for in the Agreement, Gorton is requesting a waiver of fees from the
City for building permits and inspections related to the improvements now underway.
The scope of improvements and upgrades planned for the building is extensive including,
but not limited to, the theater, community rooms, the main first floor corridor and various
mechanicals. The improvements are supported primarily through private fund raising
efforts.
A copy of the Fee Waiver Request Form is included in the Council packet on page 133.
BUDGET/FISCAL IMPACT: The fees for the building permits and inspections total
$18,552.65. These funds, if assessed, would go into the General Fund.
COUNCIL ACTION :Approve a motion authorizing the waiver of building permit fees for
Gorton Community Center, a not for profit entity located in a City facility, in the amount
of $18,552.65.
COUNCIL ACTION: Approve the eleven (11) Omnibus items as presented.
6. ORDINANCES
1. Consideration of a Recommendation from the Plan Commission in Support
of the Approval of Ordinances Pertaining to the Establishment of a Tax
Increment Financing District on a 10-Acre Site Located on the Northwest
Corner of Laurel and Western Avenues. (First Reading)
STAFF CONTACT:
Catherine Czerniak, Director of Community Development (810-3504)
CITY CONSULTANT: Lee Brown, Teska Associates, Inc.
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January 5, 2015 City Council Agenda
PURPOSE AND ACTION REQUESTED: A recommendation from the Plan Commission in
support of the establishment of a Tax Increment Financing District (TIF) is presented to the
City Council for consideration and action. Consideration of three ordinances, as
described below, is necessary to establish the TIF District.
BACKGROUND AND DISCUSSION: To date, considerable due diligence has been
completed in preparation for consideration of the establishment of a TIF District.
In 2007 and 2008, a series of community visioning sessions were held to discuss
the redevelopment of the Laurel and Western Avenues site. Based on those
sessions, Development Parameters were prepared setting a frame work for the
future of the site.
In 2012, at the direction of the City Council, the Plan Commission revisited the
Development Parameters and invited public comments. The Commission
recommended some modification and updating of the Parameters to the City
Council. The City Council accepted the Plan Commission’s recommendation.
The Development Parameters are reflected in the Redevelopment Plan and
Program for the TIF District.
Extensive environmental testing, analysis and initial remediation has been
completed at the site since 2008. The Limited Phase 2 Environmental
Assessment and estimates from the City’s Environmental consultant support the
projected site cleanup costs which are referenced in the supporting
documentation for the TIF District.
The City Council has reviewed and evaluated the previous TIF District in west
Lake Forest and acknowledged that the District was more successful than
initially projected and benefitted the City, as well as the various other taxing
bodies.
The City’s TIF consultant has prepared the necessary studies and
documentation to proceed with the establishment of a TIF District.
The Joint Review Board met on November 7, 2014, to review the proposed TIF
District and recommended approval to the Plan Commission.
On December 10, 2014, the Plan Commission, at the direction of the City Council, held a
public hearing to consider the establishment of a TIF District. The TIF District will facilitate
and support land assembly, clearing buildings from the site, environmental clean-up and
public infrastructure improvements necessary to facilitate the redevelopment of the 10-
acre site. The Plan Commission, after hearing a presentation from the City’s TIF
Consultant and public testimony from three residents, voted 5 to 0 to recommend
approval of the TIF District. The Commission’s recommendation is based on the following
findings:
It has been demonstrated that the site meets the characteristics of Blight as
defined by the Tax Increment Allocation Redevelopment Act.
The area within the boundaries of the proposed Tax Increment Financing District is
consistent with the area that will likely benefit from the public improvements as
detailed in the Redevelopment Plan and Program.
The concepts presented in the Redevelopment Plan are generally consistent with
the Comprehensive Plan designation for this area which encourages primarily
residential development and increased open space at this location.
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January 5, 2015 City Council Agenda
The conditions on the site; obsolete and deteriorating buildings, the need for
remediation to address existing conditions and the need for public improvements
in the vicinity of the site, make it unlikely that the site will develop in a manner
consistent with the needs, desires and character of the community without the
support offered by a Tax Increment Financing District.
The Plan Commission acknowledged that the detailed financial aspects of the TIF District
are under the purview of the City Council and urged appropriate due diligence on the
part of the Council.
In accordance with State law, the approval of three Ordinances is required to establish a
TIF District.
1. An Ordinance approving the redevelopment plan and project for the laurel and
western avenues redevelopment project area.
2. An Ordinance designating the Laurel and Western Avenues Redevelopment
Project Area pursuant to the Tax Increment Allocation Redevelopment Act.
3. An Ordinance adopting Tax Increment Financing for the Laurel and Western
Avenues redevelopment project area.
The Ordinances are included in the Council packet beginning on page 134.
BUDGET/FISCAL IMPACT: No expenditure of funds is required or approved as a result of
the Council action now requested.
Creation of a TIF District will result in incremental tax revenues being received by the City
as improvements occur on the site. The revenues received will be deposited into a
Special Tax Allocation Fund and expended as approved by the City Council to cover TIF
eligible expenses. Any associated expenditures recorded in Fiscal Year 2015 in the
Special Tax Allocation Fund will require review and approval through a Supplemental
Appropriation Ordinance in April 2015.
COUNCIL ACTION: Approve first reading of each of the three Ordinances noted above.
If first reading is approved, the Ordinances will be presented to the City Council for
consideration of final approval on January 20, 2015.
2. Approval of an Ordinance that allows for the revising, amending, restating,
codifying and compiling of existing Ordinances. (First Reading)
CONTACT: Victor Filippini, Attorney
PURPOSE AND ACTION REQUESTED: Staff requests approval of the Ordinance that allows
for the revising, amending re-stating codifying and compiling of existing Ordinances
within the City of Lake Forest.
BACKGROUND/DISCUSSION: Pursuant to the agreement between the City and American
Legal Publishing, the City provided all Ordinances passed by the City Council to date for
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January 5, 2015 City Council Agenda
American Legal Publishing to review, edit and compile in July 2013. A draft copy and a
list of questions were returned to the City in early March 2014. Staff had an opportunity to
review sections. Staff made two types of recommended changes, minor and
substantive. Only minor changes were submitted at this time and the City received a
finished copy of the code on December 18, 2014.
The Code has been updated with legislation through Ordinance 2014-34 passed
September 2, 2014. Per the agreement with American Legal Publishing, The City of Lake
Forest will send updates to the Code of Ordinance twice a year. Additionally, the
substantive changes that were submitted by Staff will be seen by the City Council in the
coming months with the next update coming in February 2015.
Because of the sheer volume of the code, it can be reviewed in the Clerk’s office
located at 220 E Deerpath; upon final approval it will also be available on the City’s
website. The Ordinance, including a table of contents is attached beginning on page
200 of your packet.
COUNCIL ACTION: Approval of first reading of an Ordinance that allows for the revising,
amending, restating, codifying and compiling of existing Ordinances.
7. NEW BUSINESS
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
9. ADJOURNMENT
Office of the City Manager December 31, 2014
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.
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The City of Lake Forest
CITY COUNCIL
Proceedings of the December 1, 2014
City Council Meeting - City Council Chambers
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
6:30 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Pandaleon,
Alderman Tack, Alderman Reisenberg, Alderman Adelman and Alderman Moreno.
Absent: Alderman Moore.
Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Carina Walters,
Assistant City Manager; Susan Banks, Communications Manager; Catherine Czerniak, Director of
Community Development; Chuck Myers, Superintendent of Parks & Forestry; Elizabeth Holleb,
Director of Finance; Diane Hall, Assistant Finance Director; Bob Ells, Superintendent Engineering;
and Michael Thomas, Director of Public Works.
There were approximately 30 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Schoenheider thanked Boy Scout troop # 48 for decorating the light poles with wreaths and
swags on Thanksgiving morning.
A. Resolution of Appreciation for Eric Montellano
The Mayor read the Resolution of Appreciation, Mr. Montellano thanked the City Council for the
opportunity to work for The City of Lake Forest.
COUNCIL ACTION: Approve the Resolution
Alderman Moreno made a motion to approve the Resolution of Appreciation, seconded by
Alderman Beidler. Motion carried unanimously by voice vote.
Mayor Schoenheider expressed thanks to all those involved in the tree lighting ceremony, and
making it another successful event. The Mayor asked all to consider shopping local first holiday
season.
COMMENTS BY CITY MANAGER
City Manager Robert Kiely commented that Com Ed will working in Lake Forest during December
and January to enact their vegetation management program, and clearing trees from power lines.
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Proceedings of the December 1, 2014
Regular City Council Meeting
Mr. Kiely also stated that the Lake County Stormwater Commission named Forest Park and the
Forest Park Board the “2014 Project of the Year”. The award will be presented in January.
City Manager Robert Kiely introduced Chief Howell who acknowledged “Cadet” (Alderman)
Michelle Moreno for attending the Lake Forest Fire Academy. Chief Howell presented the
certificate.
COMMENTS BY COUNCIL MEMBERS
A. Finance Committee
1. Consideration of an Ordinance Establishing the 2014 Tax Levy (Grant
Final Approval)
Finance Director Elizabeth Holleb stated that this Ordinance was seen at the 11/5/2014 Finance
Committee, the 11/17/2014 City Council and is presented for final approval. Ms. Holleb explained
the schedules reviewing the proposed tax levy for 2014; 1) the tax levy limitations under the tax
cap; 2) the tax levy distributed by fund without new growth and allowances distributed; 3) the tax
levy by fund with new growth and allowances distributed; and 4) an explanation of the tax
increase to an average homeowner to be an average increase to existing residents ($800,000
home) is projected to be $49 or 1.48%.
The proposed tax levy for 2014 reflects a 1.88% increase over the 2013 tax levy extensions for the
City and Library operating funds and City pension and debt service funds. This increase is
comprised of the 1.50% property tax cap increase on those levy lines subject to the tax cap; debt
service bond levies as previously approved by City Council bond Ordinances.
COUNCIL ACTION : Grant final approval of an Ordinance Establishing the 2014 Tax Levy
Alderman Pandaleon made a motion to grant final approval of an Ordinance Establishing the 2014
Tax Levy, seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Waldeck,
Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7
Yeas, 0 Nays, motion carried.
2. Approval of Ordinances Abating 2014 Tax Levies for Various G.O.
Alternate Revenue Bond Issues (Grant Final Approval)
Finance Director Elizabeth Holleb stated that these four Ordinances are for actual bond issues
outstanding, and had first reading at the 11/17/2014 City Council meeting. The abatement of
these general obligation Alternate Revenue bonds is possible due to these bond funds having
adequate revenue sources. She said in order to reduce the bond tax levies, an abatement
ordinance for 2010-B Bond, 2010-C Bond, 2011-A refunding and 2011-B refunding Bond will be
required.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on this,
and seeing none, asked for a motion.
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Proceedings of the December 1, 2014
Regular City Council Meeting
COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various general
obligation bond issues.
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3. Consideration of an Ordinance approving a Fee Schedule, Ordinances adopting
new fees related to Liquor License Penalty and Credit Card Service Fees, and an
Ordinance amending City Code relating to the Direct Debit Program for Water
Bills (Grant Final Approval)
Finance Director Elizabeth Holleb once again stated that these ordinances were seen at the
11/5/2014 Finance Committee meeting and the 11/17/2014 City Council meeting. Ms. Holleb
added that in summary the revenue for the new and increased fees is estimated to be $750 in the
General Fund, $42,541 in the Parks and Recreation Fund, $3,934 in the Deerpath Golf Course Fund
and $201,378 in the Water Fund.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing
none, he asked for a motion.
COUNCIL ACTION: Grant final approval of the proposed ordinances.
Alderman Pandaleon made a motion to grant final approval of the proposed Ordinances,
seconded by Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler,
Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0
Nays, motion carried.
B. Property and Public Land Committee
1. Consideration of a Recommendation from the Property and Public Land
Committee in Support of a Resolution Authorizing a Purchase
Agreement for Property Located on the Northwest Corner of Western
and Laurel Avenues, the Former Municipal Services Site. (Approve the
Resolution by Motion.)
Alderman Reisenberg, Chairman of the Property and Public Land Committee, (PPL), stated that the
PPL is recommending that the City Council approve a resolution authorizing a purchase agreement
with Focus Development for the former Municipal Services site. In September 2014, the PPL
recommended Focus Development to the City Council following a vetting process that included
RFQs, (Request for Qualifications) and RFPs, (Request for Proposals). The Focus group met the
development parameters of the 2007-2008 community visioning process that was amended in
2012. He added that the redevelopment concepts include significant open space that would be
accessible to the public, high quality architecture, a variety of housing types along with enhanced
streetscapes and extensive landscaping.
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Proceedings of the December 1, 2014
Regular City Council Meeting
Chairman Reisenberg added that upon approval of the purchase agreement, Focus Development
will prepare a detailed land-use plan, conduct the necessary technical studies, develop detailed
architectural and landscape plans. Focus will give an introduction of the concepts at the December
10 Plan Commission meeting. He added that the Public Hearing with the Plan Commission and the
Building review Board are anticipated for January and February 2015, and that the closing on the
property is anticipated to be in the summer of 2015.
Chairman Reisenberg noted separately that the Plan Commission is beginning work on the Tax
Increment Financing District to support the site clean-up, infrastructure improvements and
streetscape enhancements.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing
none, he asked for a motion.
COUNCIL ACTION: If determined to be appropriate by the City Council, approve a Resolution
authorizing and directing the City Manager, the City’s Consultant and the City Attorney to
finalize the terms of the Purchase Agreement and to authorize the Mayor and City Clerk to
execute the Agreement on behalf of the City.
Alderman Pandaleon made a motion to approve a Resolution authorizing and directing the City
Manager, the City’s Consultant and the City Attorney to finalize the terms of the Purchase
Agreement and to authorize the Mayor and City Clerk to execute the Agreement on behalf of the
City, seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler,
Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0
Nays, motion carried.
2. Consideration of an Ordinance Authorizing and Directing Negotiations for the
Acquisition of Certain Real Property (First Reading and, if desired, final approval)
Approval of an ordinance authorizing the issuance of a final offer to the owners of Property at 120
East Laurel Avenue, Lake Forest, in connection with the redevelopment of the former Municipal
Services site.
City Attorney Victor Filippini stated that in connection with the City’s ongoing efforts to redevelop
its 10-acre former Municipal Services site, staff is requesting City Council approval of an ordinance
authorizing the issuance of a final purchase offer to the owners of the adjacent property at 120
East Laurel Avenue. The issuance of a final offer is a prerequisite to the exercise of eminent
domain powers, if such authority becomes necessary.
Since relocating the City’s municipal services to Field Drive, the City’s former Municipal Services
site has remained vacant and in a deteriorating condition. Beginning in 2007, the City began
efforts to redevelop this site, and the planning for such redevelopment, and proposals received
for such redevelopment, have identified the 120 East Laurel property as a component of the
redevelopment plans.
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Proceedings of the December 1, 2014
Regular City Council Meeting
City representatives have been endeavoring in good faith to negotiate with the owners of 120 East
Laurel for the acquisition of their property, but thus far those negotiations have been
unsuccessful. As a result, the City did obtain an updated appraisal of the market value of the 120
East Laurel property, and on that basis is requesting the City Council to authorize the presentation
of a final offer to the property owners based on the appraisal and as a precursor to exercising
eminent domain powers if a successful negotiation cannot be achieved.
Based the recently obtained appraisal, the cost for acquisition is estimated at $380,000.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment, Paul
Hamann, of 511 Beverly, offered his opinion on the topic.
Mr. Filippini stated that by adopting the ordinance, it allows The City of Lake Forest to exercise
options available.
COUNCIL ACTION: Waive first reading and approve the attached ordinance authorizing final
negotiations for the acquisition of the property at 120 East Laurel Avenue for the appraised
value.
Alderman Reisenberg made a motion to waive first reading of the ordinance, seconded by
Alderman Beidler. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack,
Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion
carried.
Alderman Moreno made a motion to approve the ordinance authorizing final negotiations for the
acquisition of the property at 120 East Laurel Avenue for the appraised value, seconded by
Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack,
Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion
carried.
3. Consideration of a Motion Directing City Staff to Prepare the Necessary Bid
Documents and Solicit Bids for Demolition of Structures on the City’s Laurel Ave
Property.
Alderman Reisenberg, Chairman of the Property and Public Land Committee, stated that there are
many vacant buildings at Laurel Avenue following the Municipal Services relocation. He added that
those structures need to be demolished to make the site ready for the proposed Focus
Development and that the winter months are appropriate. Chairman Reisenberg reported that the
PPL recommends authorizing staff to solicit bids and proposals for the City councils approval in
January.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment, Paul
Hamann, of 511 Beverly, offered his opinion on the topic.
Chairman Reisenberg added that staff is only soliciting bids and that a decision on those bids
would be made at the appropriate time.
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Proceedings of the December 1, 2014
Regular City Council Meeting
COUNCIL ACTION: if determined to be appropriate by the City Council, direct the City Manager
to Solicit Bids for the Demolition of Structures on the Laurel Avenue property.
Alderman Beidler made a motion to direct the City Manager to Solicit Bids for the Demolition of
Structures on the Laurel Avenue property, seconded by Alderman Reisenberg. The following voted
“Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The
following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried.
4. Approval of a License Agreement with the Music Institute of Chicago (MIC) for
Volwiler Hall located at 40 E. Old Mill Road.
Alderman Reisenberg, Chairman of the Property and Public Land Committee, reported that in
2008 the Music Institute of Chicago assumed the lease at Volwiler Hall form the Lake Forest
Symphony, the original lease expired in 2010 and since then has had a series of one year leases. In
September 2014 the PPL committee requested that the Music Institute either purchase the
property or engage in a long term lease agreement. The Music Institute agreed to a five year lease
in the amount of $43,000 per year.
Mr. Reisenberg added that separately, the PPL has requested that a Comprehensive Master Plan
for the Grove Campus and Northcroft Park properties be developed by the staff. At adoption, The
City of Lake Forest will revisit the Institute’s options. Currently the PPL is recommending lease
approval.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment. Seeing
none, he asked for a motion.
COUNCIL ACTION: Approve a License Agreement with the Music Institute of Chicago (MIC) for
Volwiler Hall located at 40 E. Old Mill Road.
Alderman Reisenberg made a motion to approve a License Agreement with the Music Institute of
Chicago (MIC) for Volwiler Hall located at 40 E. Old Mill Road, seconded by Alderman Reisenberg.
The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman
and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
None
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the November 17, 2014 City Council meeting Minutes
2. Check Register for period October 25-November 21, 2014
3. Approval of Three-Year Professional Service Agreements with Lake Forest Bank
and Trust for banking services and Vantiv for credit card processing services
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Proceedings of the December 1, 2014
Regular City Council Meeting
4. Approval of a supplemental payment in the amount of $35,000 to the Illinois
Municipal Retirement Fund
5. Consideration of an Ordinance Amending Chapter Four of the City Code
Regarding Liquor Licenses
6. Award of Bid for the Replacement of an Ambulance for the Fire Department
Included in the FY2015 Capital Equipment Budget
7. Award of Bid for the Replacement of a Pick-Up Truck for the Streets & Sanitation
Section Included in the FY2015 Capital Equipment Budget
8. Authorization to Dispose of City Property
9. Approval for use of Transportation Alternatives Program (TAP) Grant Funding for
the McClory Bike Path Project
10. Award Bid for the Water Plant Intake Well Algae Pre-Screen Project
11. Consideration of a Recommendation from the Plan Commission in Support of
Tentative and Final Plat Approval of a 2-Lot Re-Subdivision, the Church of St.
James Subdivision. The Property is Located on the west side of Waukegan Road,
north of Winwood Drive and is Commonly Known as 1380 N. Waukegan Road.
(Approval of a Motion Granting Tentative and Final Plat Approval)
COUNCIL ACTION: Approve the Eleven (11) Omnibus items as presented.
Mayor Schoenheider asked the Council if they would like any item removed or be taken
separately.
City Attorney, Victor Filippini stated that there was a scrivener’s error in the minutes to be
corrected and item #6 should include the language “with revised pricing as discussed”.
Mayor Schoenheider asked for a motion to approve the eleven (11) Omnibus items as presented.
Alderman Reisenberg made a motion approving the eleven (11) Omnibus items as presented,
seconded by Alderman Moreno. The following voted “Yea”: Aldermen Waldeck, Beidler,
Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0
Nays, 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
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Proceedings of the December 1, 2014
Regular City Council Meeting
1. Consideration of (i) a Resolution Regarding the Termination of an
Intergovernmental Agreement, and Approval of a Wind-Up Agreement, with
District 67, and (ii) Ordinances Terminating Special Service Areas 33 and 36
(Final Reading)
Victor Filippini, City Attorney, reported that at its last meeting, the City Council discussed an
agreement that the City and School District 67 executed in 1994, the Intergovernmental
Community Facilities Financing Agreement (“the IGA”) that set forth provisions for ongoing
communication, cooperation and consultation related to the housing of school-aged children
within the public school system.
Pursuant to the IGA, which expired in July 2014, the City has utilized Tax Increment Financing (TIF)
money to support improvements at Everett School and established Special Service Areas (SSAs)
associated with specific developments to support constructing new school facilities, school
improvements or additions required to provide educational services and facilities to the student
population within the SSAs. In 1998 and 1999, School District 67 issued $12.8 million in bonds to
address long-term facility needs and anticipated SSA tax assessments to fund a portion of the debt
service.
Mr. Filippini reported that the City and District 67 have identified the possibility of termination of
two of the five SSAs earlier than established due to nominal school district enrollment and
beginning with the 2014 levy year. SSAs 15, 34 and 35 would be eliminated beginning January
2019.
Allen Albus of District 67 and District 115 gave an estimate of approximately three-quarters of a
million dollars from 200 to present that has been collected as a result of the SSAs. He added that
from information that he attained through the School District, in 1996-97 the District Board of
Education initiated a study that assessed the long term needs of the District. Based on the
expected results, a combination of expansions and renovations would be needed to meet the
anticipated demands of growth throughout the District. The District committed to funding the
project(s) through non-referendum means that included fund balance, long term debt, state
grants, operational savings, interest earnings, TIF receipts and Special Service Assessment. In 1998
and 1999 the District issued $12.8 million of debt, scheduled to be repaid in 2019. The SSAs were
planned to fund $3.8 million of the issuance. Mr. Albus stated that there were improvements
made to all the schools.
The City Council had a discussion on what special services the homeowners in the SSAs receive
and how they relate to homeowners in these subdivisions. The Council asked how many children
are currently in all the SSA areas which is estimated to be at 37. The Council noted the use of the
SSA requires the revenues obtained be used primarily for the benefit of the people from whom
the revenues have been obtained as part of the statute.
City Manager Robert Kiely offered clarification on first reading from the November 17 City Council
and stated that Staff misunderstood what the City Council was seeking through the request to
terminate all SSA’s without any cash payment. The Staff tried to bring an alternative that allowed
the matter to be resolved over a shorter period of time without making any cash payment. City
Manager Robert Kiely explained that debt was issued on the representation that the SSA’s would
be in place, regardless the debt remains until 2019. As discussed at the Nov 17 meeting the cash
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Proceedings of the December 1, 2014
Regular City Council Meeting
out was equivalent to the net present value of the remaining time on the SSAs. The question was
raised as to who pays, the homeowners in the SSAs or is it spread out to all residents, and a
decision will have to be made on how to pay that.
The Council continued a discussion on fairness, the percentage of the SSA’s actually received,and
newer subdivisions that were not subject to SSA’s.
Mr. Albus added that the District’s Finance Committee has had some of these same discussions
and views, and can clearly rationalize termination of SSAs on Regents Row and Thorndale as no
children live in those areas. Mr. Albus added that the Committee is working to find a balance to
the improvements made and the debt incurred.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment.
The following offered their opinion on the topic.
Catherine Duffy, 1102 Emmons Court
Lisa Hathaway, Realtor
Richard Wood, 1032 N. Western Ave.
AJ Schultz, 1115 Acorn Trail
Paul Hamann, 511 Beverly
Gill Wallace, Amberely Woods
Mayor Schoenheider thanked all those who offered their opinions.
The City Council discussed the option of terminating all SSAs without making a payment to the
School District. The question of who wo;; meet the debt obligations and fairness was discussed.
Mayor Schoenheider asked the City Attorney for advice on the Council’s options. Victor Filippini
offered options for the City Council based on discussions: 1. The Council can choose to not act on
the Resolution, which means the agreement winds down based on what the agreement says, 2.
The Council can approve the ordinance’s approving the termination of all 5 SSAs, noting that the
three that are not identified on the agenda will have to be brought back at a subsequent meeting
for ratification and the open meetings act: If the Council wants to take the action of termination,
they would have to take the action before the end of the year so the ordinances can be filed and
the taxes won’t be levied for the upcoming year. Mr. Filippini added the City of Lake Forest has no
obligation of a payment to the District. Mayor Schoenheider added that that City Council could
have a third option of eliminating all 5 SSAs and making a payment.
Clarifications on the earlier approved Tax Levy and the SSAs were made, an option of a special
meeting was offered if the School District needed it to change their levy amount.
The Council continued discussion on the importance of being mindful of the district’s needs.
Mayor Schoenheider offered the Council the following actions:
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Proceedings of the December 1, 2014
Regular City Council Meeting
1. Passing the Ordinance on second reading for SSAs 33 & 36, leaving the other three in place to
sunset out in 2019.
2. Vote to terminate all five of the SSA”S
3. Modifications to terminate all 5 of the SSAs with a payment of $ 350,000 and the benefit of
gaining control over the five acres site at Middlefork
The Council confirmed that they can remain in discussion with the School District if they terminate
the SSAs. Mayor Schoenheider reiterated the importance of the schools and education as a City
Cornerstone to the Community.
A Mayor Schoenheider asked for a motion based on discussion.
COUNCIL ACTION: Approval of the Proposed Resolution for the Wind-Up Agreement and grant
final reading Ordinances terminating SSAs 33 and 36.
Alderman Tack made a motion instead to approve Ordinances to Terminate SSAs 15, 33,34,35 and
36, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen Waldeck, Beidler,
Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 7 Yeas, 0
Nays, motion carried.
Mayor Schoenheider thanked all those who gave their input to the Council.
NEW BUSINESS
Mayor Schoenheider wished everyone on behalf of the City Council and City Staff, a Merry
Christmas and a Healthy and Prosperous New Year.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT
There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by
Alderman Pandaleon Motion carried unanimously by voice vote at 9:10 p.m.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in
the Clerk’s office at City Hall. You can also view it on the website by
visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived
Meetings Videos.
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The City of Lake Forest
SPECIAL CITY COUNCIL
Proceedings of the December 10, 2014
City Council Meeting – MUNICIPAL SERVICES CENTER
CALL TO ORDER AND ROLL CALL: Alderman Pandaleon called the meeting to order at 5:30 pm,
and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Alderman Waldeck, Alderman Beidler, Alderman Pandaleon, Alderman Tack, Alderman
Reisenberg, Alderman Adelman and Alderman Moreno.
Absent: Honorable Mayor Schoenheider and Alderman Moore.
Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Elizabeth Holleb,
Director of Finance.
There was no audience.
1. MOTION TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF LAND ACQUISITION.
Alderman Pandaleon asked for a motion at 5:35 p.m. Alderman Adelman made a motion to
Adjourn into executive session for the purpose of land acquisition, seconded by Alderman Beidler.
The following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Tack, Reisenberg, Adelman
and Moreno. The following voted “Nay”: None. 7 Yeas, 0 Nays, motion carried.
2. RECONVENE INTO OPEN SESSION
Alderman Pandaleon reconvened the City Council into open session at 6:36 p.m.
3. MEETING WITH REPRESENTATIVES OF THE LAKE COUNTY FOREST PRESERVE DISTRICT
REGARDING PROJECTS AFFECTING LAKE FOREST.
Executive Director of the Lake County Forest Preserve District Ty Kovach, reviewed the current
status of Ft. Sheridan and the Master Plan. Former Mayor Mike Rummel gave a presentation on
the Great Lakes Fish and Ecosystem Restoration Act (GLFERA). John Sentell, President of Lake
Forest Open Lands and Chuck Myers, Parks & Forestry Superintendent, gave an overview of the
McCormick Ravine under GLFERA. City Manager Robert Kiely reviewed the Ft. Sheridan Army
Reserve Base and proposed remediation work.
4. MEETING TRAINING
Anne Whipple offered a course on meeting etiquette and responding to residents and the
press.
5. ADJOURNMENT
There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by
Alderman Beidler. Motion carried unanimously by voice vote at 9:20 p.m.
Respectfully Submitted,
Margaret Boyer, Deputy City Clerk
25
Proceedings of the City Council on December 10, 2014
Special City Council Meeting
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1
THE CITY OF LAKE FOREST
RESOLUTION NO. ______
A RESOLUTION RATIFYING AND APPROVING AN AGREEMENT FOR
THE PURCHASE OF REAL PROPERTY LOCATED AT 120 EAST LAUREL AVENUE
WHEREAS, The City of Lake Forest (“City”) is a home rule, special charter Illinois
municipal corporation; and
WHEREAS, the City is considering establishing a tax increment financing (“TIF”)
district over an approximately 10.6 acre area at the northwest corner of Laurel and Western
Avenues, north of the City’s downtown ("Redevelopment Project Area") in accordance with
the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (“TIF Act”) to
eliminate blight and induce the redevelopment of the Redevelopment Project Area; and
WHEREAS, the City’s consultant, Teska Associates, Inc., prepared a proposed
redevelopment plan (“Redevelopment Plan”) for the Redevelopment Project Area, which was
considered at a public hearing before the Plan Commission of the City on December 10, 2014;
and
WHEREAS, the City owns all of the property within the Redevelopment Project Area
except for one parcel consisting of approximately 0.1095 acres, commonly known as 120 E.
Laurel Avenue, which is legally described in Exhibit A to this Resolution (“Subject Property”);
and
WHEREAS, the Subject Property is currently owned by Nancy and Joyce Jackson
(“Owners”) and is improved with a single family home in which the Owners reside; and
WHEREAS, pursuant to an ordinance passed on December 1, 2014, the Mayor and
City Council: (i) found and determined that, in order to eliminate blight and pursue the
redevelopment of the Redevelopment Project Area in accordance with the Redevelopment
Plan, it is necessary and desirable for the City to acquire fee simple title to the Subject
Property; and (ii) authorized and directed the City Manager, his staff, and the City Attorney to
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negotiate with the Owners or their authorized representatives for the purchase of the Subject
Property; and
WHEREAS, the Owners have presented the City with an offer and proposed contract
for the purchase and sale of the Subject Property for total compensation of $790,000.00,
which compensation includes acquisition of fee simple title to the Subject Property and all
relocation benefits and moving expenses to be paid to the Owners; and
WHEREAS, on December 31, 2014, the City Manager executed, subject to City
Council ratification, a Real Estate Sale and Purchase Contract with the Owners for the
purchase of the Subject Property by the City for total compensation of $790,000.00, a copy of
which contract is attached to this Resolution as Exhibit B (“Contract”); and
WHEREAS, the Mayor and City Council have determined that it is in the best interests
of the City and its residents to ratify the City Manager’s execution of the Contract and
approve and authorize the purchase of the Subject Property in accordance with the terms
thereof;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
Lake Forest, County of Lake, State of Illinois, as follows:
SECTION 1: Recitals. The foregoing recitals are incorporated into this Resolution as
findings of the Mayor and City Council.
SECTION 2: Ratification and Confirmation. The Mayor and City Council hereby
ratify and confirm the City Manager’s execution of the Contract and the City’s agreement to
purchase the Subject Property from the Owners for total compensation of $790,000.00,
subject to the terms of the Contract.
SECTION 3: Execution and Closing. The City Manager and City Clerk shall be, and
are hereby, authorized and directed to execute and attest, on behalf of the City, any and all
necessary documentation relating to the Contract, including any such documents necessary
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to effectuate the closing of the purchase and sale of the Subject Property as provided in the
Contract.
SECTION 4: Advance of Funds. The Mayor and City Council hereby authorize an
advance from the City’s Capital Improvement Fund for the purchase of the Subject Property
in the amount of (i) $790,000.00 for the purchase price under the Contract and (ii) up to
$15,000.00 additionally to pay for any unexpected closing costs relating to the Contract.
This advance is intended to further the proposed TIF district over the Redevelopment Project
Area (“TIF District”). It is anticipated that the City will establish a TIF Project Fund upon the
establishment of the TIF District, and the advance authorized by this Resolution shall be
deemed an interfund transfer from the Capital Improvement Fun to the TIF Project Fund
once the TIF Project Fund is established. The full amount of such transfer shall be repaid to
the Capital Improvement Fund upon: (i) the establishment of the proposed TIF District, and
(ii) the first issuance of bonds supported by TIF District revenues.
SECTION 5: Effective Date. This Resolution shall be in full force and effect from
and after its passage and approval and publication in pamphlet form as provided by law.
PASSED THIS ____ DAY OF JANUARY, 2015.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED THIS ____ DAY OF JANUARY, 2015.
Mayor
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ATTEST:
City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The western 40 feet of the western 115 feet of the southern 120 feet of Lot 3 in Western
Addition to Lake Forest Subdivision, in the Northwest ¼ of the Southwest ¼ of Section 28,
Township 44 North, Range 12 East, within the City of Lake Forest, Lake County, Illinois.
PIN: 12-28-301-019
Common Address: 120 E. Laurel Avenue, Lake Forest, Illinois 60045
34
EXHIBIT B
REAL ESTATE PURCHASE AND SALE CONTRACT
35
REAL ESTATE SALE AND PURCHASE CONTRACT
NANCY JACKSON and JOYCE JACKSON, as individuals and jointly (collectively
“Seller”) agree to sell to THE CITY OF LAKE FOREST, ILLINOIS, a home rule, special charter
Illinois municipal corporation ("Purchaser"), and Purchaser agrees to buy from Seller, in
accordance with the terms, conditions and stipulations set forth in this Real Estate Purchase
Contract ("Contract"), the real property and the improvements located thereon situated in The City
of Lake Forest, Lake County, State of Illinois, having the common addresses of 120 E. Laurel
Avenue, Lake Forest, Illinois, the legal description of which being set forth on Exhibit A attached
hereto and made a part hereof by reference (“Property").
1. Ownership of the Property: Fee simple ownership of the Property is presently
held in the name of Seller and fee simple title shall be conveyed to Purchaser by Warranty Deed for
the Property as provided for in this Contract.
2. Purchase Price; Earnest Money: The total purchase price ("Purchase Price") to be
paid to Seller by Purchaser for the Property, including and inclusive of all relocation benefits and
moving expenses to be paid to Seller by Purchaser shall be SEVEN HUNDRED NINETY
THOUSAND and No/DOLLARS ($790,000.00).
3. Delivery of Contract and Payment of Purchase Price: On or before 4:30 p.m. on
December 31, 2014, the Parties shall exchange executed counterpart signature pages via e-mail
through the Parties’ respective attorneys, and December 31, 2014 will be the effective date (the
“Effective Date”) of this Contract; provided, however, that the Purchaser shall present the Contract
to its City Council for formal ratification on January 5, 2014. The closing of this transaction (the
“Closing”) shall occur on or before January 9, 2015, or such other date as the parties may agree (the
"Closing Date"). The Purchase Price shall be paid at the time of the Closing, subject to the
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provisions of Section 4 of this Contract.
4. Possession: Full and complete possession of the Property shall be tendered by Seller
to Purchaser on March 2, 2015 or such other date as the parties may agree (the “Possession Date”) .
Seller shall have the right to remain in possession of the Property after the Closing Date and
through the Possession Date without the payment of rent. Seller shall be responsible for all
utilities and other charges related Seller’s continued use and possession of the Property through and
including the Possession Date. Seller shall indemnify the Purchaser for any liability related to
Seller’s continued use and possession of the Property through and including the Possession Date.
At Closing, Thirty Thousand Dollars ($30,000.00) of the Purchase Price (the “Escrowed Funds”)
shall be held in escrow with the Title Company (as hereinafter defined), and such Escrowed Funds
shall be released to Seller upon Seller’s timely tender of possession of the Property to Purchaser;
provided, however, that, in the event that Seller does not vacate the Property by the Possession
Date, Purchaser shall be entitled to $1,000.00 for each day that Seller continues to occupy the
Property after the Possession Date (the “Extended Possession Payment”), and any Extended
Possession Payment shall be set-off against the Escrowed Funds and paid to the Purchaser before
any Escrowed Funds are released to Seller.
5. Conveyance and Closing: The Closing shall be through an escrow with a Chicago
Title Insurance Company (the “Title Company”) on the Closing Date, in accordance with the
general provisions of the usual form of “New York Style” Deed and Money Escrow Agreement
then in use by the Title Company, with such special provisions inserted in the escrow agreement as
may be required to conform with this Contract (“Deed and Money Escrow”). Upon the creation of
the Deed and Money Escrow, anything herein to the contrary notwithstanding, payment of the
Purchase Price and delivery of the Warranty Deed and other documents to be delivered shall be
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made through the Deed and Money Escrow. Seller and Purchaser shall execute gap undertakings in
the form required by the Title Company in order to close by a “New York Style” closing. Seller
shall convey to Purchaser fee simple title to the Property by Warranty Deed or such other
instrument in a form satisfactory to Purchaser, consistent with the terms of this Contract. Such title
shall be free and clear of all encumbrances whatsoever, except for those hereinafter permitted and
identified in Section 6 hereof ("Permitted Exceptions") and such title shall vest in Purchaser upon
delivery of the Warranty Deed or such other instrument at Closing, and thereafter immediately be
recorded. Purchaser, at its cost, shall pay for the standard title insurance premium. The cost of the
Deed and Money Escrow shall be paid by the Purchaser. All other closing costs shall be allocated
between Seller and Purchaser in accordance with local custom and practice as determined by the
escrow officer. Each party shall be responsible for its respective attorney’s fees and title clearance
fees. All State and County transfer stamps, if any, shall be paid in accordance with local custom
and practice as determined by the escrow officer. Purchaser and Seller acknowledge this is an
“Exempt” transfer to a governmental body.
6. Permitted Exceptions and Condition of Title: The Parties acknowledge that
Purchaser has obtained a title commitment issued by the Title Company (the “Title Report”),
covering the Property. The term "Permitted Exceptions" as used herein shall include the following:
(1) real estate taxes for the years 2014 and subsequent years not yet due and owing, (2) easements
for public utilities, and (3) public right-of-ways (collectively “Permitted Exceptions”). Any
mortgage or trust deed encumbering the Property shall not be considered a permitted exception
hereunder.
Purchaser shall pay for the standard title insurance premium for an owner's title insurance
policy issued by the Title Company in the amount of the purchase price, evidencing title to the
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Property on or after the date of execution hereof, showing title to be vested in Seller and subject
only to Seller's mortgage, if any, and the Permitted Exceptions. If such evidence of title discloses
defects other than the Permitted Exceptions and Seller's mortgage, Seller shall have until Closing to
cure such defects, except Seller's, mortgage, and notify Purchaser. If Seller is unable to cure such
defects, Purchaser may, at its election, terminate this Contract or may accept title to the Property as
it then exists (with the right to deduct from the purchase price liens or encumbrances of a definite
or ascertainable amount) by notifying Seller and tendering performance. If Purchaser terminates
this Contract as provided in this Section 6, then the parties will have no further liability to each
other.
7. Taxes; Prorations: Seller agrees to pay all general real estate taxes, special
assessments and special taxes due or to become due for the Property up to the date of Closing.
General real estate taxes for tax years 2014 and subsequent years not yet due and owing shall be
prorated as of the date of Closing and based on 105% of the most recent ascertainable taxes and
shall not be reprorated upon issuance of the actual tax bill.
8. Obligations of Seller: Seller covenants and agrees with Purchaser that from the
Effective Date until Closing or earlier termination of this Contract (or the Possession Date, if so
specified), Seller shall:
A. Advise Purchaser promptly of any litigation, arbitration, or administrative
hearing before any governmental agency concerning or affecting the Property which is instituted or
threatened after the Effective Date.
B. Not take any action or permit any action to be taken which would change the
physical characteristics of the Property without Purchaser's prior written consent, normal wear and
tear excepted.
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C. Have good, marketable and indefeasible fee simple title to the Property.
D. Provide for the general maintenance of the Property but (i) shall not be
obligated to make any repairs and replacement pertaining to the Property prior to the Possession
Date, and (ii) shall not permit or suffer to permit any lien or other encumbrance to be placed upon
or recorded against the Property.
E. Not enter into any agreements or place any mortgage on all or part of the
Property or further encumber or restrict the title to the Property without Purchaser's prior written
consent.
F. Undertake all necessary actions to secure and tender full and complete
possession of the Property to Purchaser on the Possession Date.
The provisions of this Section 8 shall survive the Closing.
9. Default: If Purchaser shall default under the terms and provisions of this Contract
and such default is not cured within seven (7) days of written notice of such default, Seller shall be
entitled to pursue all actions or remedies in law or equity including, but not limited to, an action for
specific performance. If Seller shall default under the terms and provisions of this Contract and
such default is not cured within seven (7) days of written notice of such default, Purchaser shall be
entitled to pursue all actions or remedies in law or equity including, but not limited to, an action for
specific performance or to terminate this Contract. In the event of a default, the parties agree that
the defaulting party shall be liable for all costs, expenses and attorney's fees of any nature
whatsoever, incurred or suffered by or claimed against the non-defaulting party.
10. Brokers: Purchaser and Seller acknowledge that no person or entity has acted as
broker for or on behalf of Purchaser or as broker for or on behalf of Seller. Purchaser and Seller
agree that should any other broker make a claim for a commission based upon the actions of Seller
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or Purchaser, then that party shall indemnify, defend and hold the other harmless from any such
claim. Notwithstanding anything contained herein to the contrary, the provisions of this Section 10
shall survive the Closing.
11. Notices: All notices required or permitted hereunder shall be in writing and shall be
served on the parties at the addresses set forth below. Any such notices shall be either (a) sent by
overnight delivery using a nationally recognized overnight courier, in which case notice shall be
deemed delivered one business day after deposit with such courier, (b) sent by email in PDF
format, with written confirmation by overnight or first class mail, in which case notice shall be
deemed delivered upon receipt of confirmation of transmission of such email notice, or (c) sent by
personal delivery, in which case notice shall be deemed delivered upon receipt. Any notice sent by
email or personal delivery and delivered after 5:00 p.m. Central Time shall be deemed received on
the next business day. A party’s address may be changed by written notice to the other party;
provided, however, that no notice of a change of address shall be effective until actual receipt of
such notice. Copies of notices are for informational purposes only, and a failure to give or receive
copies of any notice shall not be deemed a failure to give notice. Notices given by counsel to the
Purchaser shall be deemed given by Purchaser and notices given by counsel to the Seller shall be
deemed given by Seller. Notices shall be addressed to the parties as follows:
As to Purchaser: City of Lake Forest
c/o City Manager
220 East Deerpath
Lake Forest, Illinois 60045
With Copies to: Victor P. Filippini, Jr.
Filippini Law Firm
990 Grove Street, Ste. 220
Evanston, Illinois 60201
Telephone: 312/300-6549
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Email: Victor.Filippini@filippinilawfirm.com
As to Seller: Nancy Jackson
Joyce Jackson
120 E. Laurel Avenue
Lake Forest, Illinois 60045
With Copies to: William E. Ryan
Ryan and Ryan
9501 West Devon, Suite 300
Rosemont, Illinois 60018
Telephone: 847/825-8600
Email: wryan@ryanryanlaw.com
12. Survival: The representations, agreement to pay the Purchase Price, covenants and
warranties set forth herein shall be continuing, shall survive Closing, and shall remain in full force
and effect thereafter.
13. Parties Bound: This Contract shall be binding upon and inure to the benefit of
Seller and Purchaser, their respective heirs, personal representatives, successors and assigns.
14. Governing Law: The laws of the State of Illinois shall govern the validity,
construction, enforcement and interpretation of this Contract.
15. Time of the Essence: The parties hereto expressly agree that time is of the essence
with respect to this Contract and the Closing.
16. Entire Agreement: This Contract embodies the entire agreement of the parties in
respect of the transaction herein contemplated, superseding all prior agreements whether oral or
written. Any amendments hereto shall be in writing and executed by the parties hereto.
17. Non-Business Days: If the Closing Date or the date for delivery of a notice or
performance of some other obligation of Seller or Purchaser falls on a Saturday, Sunday or legal
holiday in the State of Illinois, then the date for Closing or such notice or performance shall be
postponed until the next business day.
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18. Severability: In the event any phrase, paragraph, section or portion of this Contract
is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such finding
of invalidity, illegality or unenforceability as to that portion shall not affect the validity, legality or
enforceability of the remaining portions of this Contract.
19. Captions and Pronouns: The captions and headings of the various paragraphs and
sections of this Contract are for convenience only and are not to be construed as confining,
defining, expanding or limiting in any way the scope or intent of the provisions hereof. Whenever
the context requires or permits, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine and neuter shall be freely interchangeable.
20. Survey: Seller shall not be obligated to provide Purchaser with a current survey of
the Property (“Survey”). Purchaser, at its sole cost, may secure a Survey for the Property.
21. Property Condition; Seller’s Right to Remove:
(a) Seller is selling and Purchaser is purchasing and taking the Property on an “AS IS”
basis and Purchaser acknowledges that it is not relying upon any representation, statement or other
assertion of any kind whatsoever implied, from Seller or Seller’s agents as to any matter concerning
any condition of the Property or any improvement thereon.
(b) Seller and Purchaser agree that Seller shall have the right but not the obligation to
remove the items, fixtures, and attachments identified on Exhibit B from the Property prior to the
Possession Date provided, however, that Seller agrees to take reasonable measures to secure and
keep closed the exterior of the Property.
22. Transaction Under Threat of Condemnation: Seller and Purchaser agree and
acknowledge that this transaction and the Purchase Price have been negotiated under threat of
condemnation. The parties acknowledge that absent this Contract the Property was subject to the
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exercise of eminent domain and that the Property may have been acquired by the Purchaser by
eminent domain.
23. Multiple Counterparts: This Contract may be executed in a number of identical
counterparts. If so executed, each of such counterparts shall, collectively, constitute one
agreement, but in making proof of this Contract, it shall not be necessary to produce or account for
more than one such counterpart. If requested by Purchaser, Seller agrees to execute a
memorandum of this Contract in form recordable in the real property records of Lake County,
Illinois.
[SIGNATURES APPEAR ON FOLLOWING PAGE(S)]
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IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives,
executed this Contract as of this _____ day of December, 2014.
PURCHASER:
The City of Lake Forest, a home rule, special charter
Illinois municipal corporation
By:
Name: _____________________
Title: ______________________
Date: December ____, 2014
SELLER:
Nancy Jackson, individually and jointly
______________________________
Name: Nancy Jackson
Date: December ____, 2014
Joyce Jackson, individually and jointly
______________________________
Name: Joyce Jackson
Date: December ____, 2014
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Exhibit A
Legal Description of Property
The western 40 feet of the western 115 feet of the southern 120 feet of Lot 3 in Western Addition to
Lake Forest Subdivision, in the Northwest ¼ of the Southwest ¼ of Section 28, Township 44
North, Range 12 East, within the City of Lake Forest, Lake County, Illinois.
PIN: 12-28-301-019
Common Address: 120 E. Laurel Avenue, Lake Forest, Illinois 60045
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Exhibit B
Fixtures Subject to Seller’s Removal
1. Dining room light fixture
2. Garage door operating system
3. Furnace
4. Hot water heater
5. Air compressor in garage
6. Driveway bricks (have been sold)
7. Two French doors in the house
8. Programmable thermostat
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Elawa Cottage Lease Agreement
This Agreement (hereinafter referred to as the “Elawa Cottage Lease Agreement”) is made
and entered into this ___day of ________________, 20____, by and between Elawa Farm
Foundation (hereinafter referred to as "Landlord") and the Department of Parks and Recreation
of The City of Lake Forest (hereinafter referred to as "Tenant.") For and in consideration of the
covenants and obligations contained herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. PROPERTY. This Agreement relates to certain real property and improvements known as the Caretaker’s
Cottage and located at 1403 Middlefork Drive, Lake Forest, Illinois 60045 (hereinafter referred to as the
"Premises"). Landlord desires to lease the Premises to Tenant upon the terms and conditions contained
herein. Tenant desires to lease the Premises from Landlord on the terms and conditions as contained
herein.
2. TERM. This Elawa Cottage Lease Agreement shall commence on May 20, 2014 (hereinafter referred to as the
“Commencement Date”) and shall continue as a lease for term. The termination date shall be on May 19, 2017
at 11:59 PM (hereinafter referred to as the “Termination Date”). Upon the Termination Date, Tenant shall be
required to vacate the Premises unless one of the following circumstances occurs:
(i) Landlord and Tenant formally extend this Elawa Cottage Lease Agreement in writing or create and
execute a new, written, and signed Elawa Cottage Lease Agreement; or
(ii) Landlord willingly accepts new Rent from Tenant, which does not constitute past due Rent.
In the event that Landlord accepts new Rent from Tenant after the Termination Date, a month-to-month
tenancy shall be created subject to the provisions of Paragraph 16 below.
Notices to terminate may be given on any calendar day, irrespective of Commencement Date. Rent shall
continue at the rate specified in this Elawa Cottage Lease Agreement, or as allowed by law. All other terms
and conditions as outlined in this Elawa Cottage Lease Agreement shall remain in full force and effect. Time is
of the essence for providing notice of termination (strict compliance with dates by which notice must be
provided is required).
3. RENT. Tenant shall pay to Landlord the sum of $2,330.00 per month as rent (hereinafter referred to as “Rent”)
for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and
shall be considered advance payment for that month. Weekends and holidays do not delay or excuse Tenant’s
obligation to timely pay rent.
A. Delinquent Rent. If not paid on or before the 10th of each month, Rent shall be considered overdue and
delinquent. If the month’s rent is delinquent, Tenant will pay Landlord a late charge of $20.00 per day
until rent is paid in full. Landlord may waive the late charges for that month at its sole discretion.
B. Prorated Rent. In the event that the Commencement Date is not the 1st of the calendar month, Rent
payment remitted on the Commencement Date shall be prorated based on a 30-day period.
C. Returned Checks. In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if
Tenant stops payment, Tenant will pay $50.00 to Landlord for each such check, plus late charges, as
described above, until Landlord has received payment in good funds. Furthermore, Landlord may
require in writing that Tenant pay all future Rent payments by wire transfer, ACH debit, cash, money
order, or cashier's check.
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D. Order in which funds are applied. Landlord will apply all funds received from Tenant first to any non-
rent obligations of Tenant including late charges, returned check charges, charge-backs for repairs
required under this Elawa Cottage Lease Agreement, and then to Rent, regardless of any notations on
a check.
E. Rent Increases. There will be an annual increase of Rent, based on the then current Rent plus the
greater of the most recent 12 month CPI or 3%, through the Termination Date.
4. SECURITY DEPOSIT. Upon execution of this Elawa Cottage Lease Agreement, Tenant shall not pay a
deposit with Landlord. The Tenant will be responsible for any damage caused to the Premises during the term
hereof, reasonable wear and tear thereof and damages by the elements excepted.
5. USE OF PREMISES. The Premises shall be used and occupied solely by the Tenant’s Wildlife Discovery
Center (hereinafter referred to as the “WDC”) Curator (hereinafter referred to as the “WDC Curator”) and his
immediate family exclusively, as a private single family dwelling, and no part of the Premises shall be used at
any time during the term of this Elawa Cottage Lease Agreement by Tenant for the purpose of carrying on any
business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling
consistent with the Lake Forest Zoning Code, or as described in Paragraph 18 below. Tenant shall not allow
any other person, other than Tenant's immediate family or transient relatives and friends who are guests of
Tenant or the WDC Curator, to use or occupy the Premises without first obtaining Landlord's written consent to
such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all
governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of
the Premises.
6. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the
Premises and acknowledges and accepts the current condition of the Premises.
7. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Elawa Cottage Lease Agreement, or sub-let
or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A
consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to
any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior
written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and
void and shall, at Landlord's option, terminate this Elawa Cottage Lease Agreement.
8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements
on the Premises or construct any building or make any other improvements on the Premises without the prior
written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or
placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord
and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier
termination of this Elawa Cottage Lease Agreement.
9. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to
Tenant upon the Commencement Date of the Lease term, through no fault of Landlord or its agents, then
Landlord or its agents shall have no liability, but the Rent herein provided shall abate until possession is
given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is
tendered within such time, Tenant agrees to accept the demised Premises and pay the Rent herein provided
from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or
its agents, then this Elawa Cottage Lease Agreement and all rights hereunder shall terminate.
10. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or
explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that
might be considered hazardous or extra hazardous by any responsible insurance company.
11. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the
Premises.
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12. MAINTENANCE, REPAIR, AND RULES. Tenant will, at its sole expense, keep and maintain the Premises
and appurtenances in good and sanitary condition and repair during the term of this Elawa Cottage Lease
Agreement and any renewal thereof. Tenant shall pay for maintenance and repairs, such as backed up toilets,
plugged drains, up to the amount of $150 per month. Items above $150 require prompt notification and
approval of the Landlord, unless such items are the responsibility of the Owner of the Premises. Without
limiting the generality of the foregoing, Tenant shall:
A. Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the
purposes of ingress and egress only;
B. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
C. Tenant will make all repairs required to the walls, windows, glass, ceilings, paint, plastering, plumbing
work, pipes and fixtures belonging to the Premises, whenever damage or injury to the same shall
have resulted from misuse or neglect; and Tenant agrees to pay for any and all repairs that shall be
necessary to put the Premises in the same condition as when he entered therein, reasonable wear
and tear and damages by the elements excepted, and the expense of such repairs shall be
included within the terms of this Elawa Cottage Lease Agreement and any judgment by confession
entered therefor.
D. Keep the Premises and their fixtures, and to commit or suffer no waste therein; that no changes or
alterations of the Premises shall be made or partitions erected, nor walls papered without the consent
of the Landlord and the Owner;
E. Not obstruct or cover the windows or doors;
F. Not leave windows or doors in an open position during any inclement weather;
G. Not hang any laundry, clothing, sheets, etc., from any window, rail, porch or balcony nor air or dry any of
same within any yard area or space;
H. Not cause or permit any locks or hooks to be placed upon any door or window without the prior written
consent of Landlord;
I. Keep all air conditioning filters clean and free from dirt;
J. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and
shall use same only for the purposes for which they were constructed. Tenant shall not allow any
sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any
damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be
borne by Tenant;
K. Tenant, WDC Curator, WDC Curator's family and guests shall at all times maintain order in the Premises
and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise
disturb other residents;
L. Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not
annoy or interfere with other residents;
M. Deposit all trash, garbage, rubbish or refuse in the locations provided and shall not allow any trash,
garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within
the common elements;
N. Abide by and be bound by any and all rules and regulations affecting the Premises or the common area.
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13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire,
storm, earthquake, or other casualty not caused by the negligence of Tenant, this Elawa Cottage Lease
Agreement shall terminate from such time except for the purpose of enforcing rights that may have then
accrued hereunder. The Rent provided for herein shall then be accounted for by and between Landlord and
Tenant up to the time of such injury or destruction of the Premises, Tenant paying Rents up to such date and
Landlord refunding Rents collected beyond such date. Should a portion of the Premises thereby be rendered
uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or
terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the
rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured
shall be restored by Landlord as speedily as practicable, after which the full Rent shall recommence and the
Elawa Cottage Lease Agreement continue according to its terms.
14. ACCESS BY LANDLORD. Landlord and Landlord's agents shall have the right at all reasonable times, and by
all reasonable means, with at least 24 hour notice, except in the case of an emergency, during the term of this
Elawa Cottage Lease Agreement and any renewal thereof to enter the Premises for the following purposes:
A. Inspect the Premises for condition;
B. Make repairs;
C. Show the Premises to prospective tenants, prospective purchasers, inspectors, fire marshals, lenders,
appraisers, or insurance agents;
E. Leave written notice;
If Tenant fails to permit reasonable access under this Paragraph, Tenant will be in default.
15. SUBORDINATION OF LEASE. This Elawa Cottage Lease Agreement and Tenant's interest hereunder are
and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter
placed on the Premises by Landlord or Owner, all advances made under any such mortgages, liens or
encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or
encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or
encumbrances.
16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after
the natural expiration of this Elawa Cottage Lease Agreement, a new tenancy from month-to-month shall be
created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except
that Rent shall then be due and owing at the then prevailing rent plus the greater of the most recent 12
month CPI or 3% per year and except that such tenancy shall be terminable upon thirty (30) days written
notice served by either party.
17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in
as good a state and condition as they were at the Commencement Date of this Elawa Cottage Lease
Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
18. ANIMALS. On occasion and with notification given to the Executive Director of the Landlord, the WDC Curator
may assist local, state and federal authorities in temporarily keeping reptiles on the Premises until they can be
placed with permanent facilities as quickly as possible. Additionally, animals that belong to the WDC may be
kept on the Premises on occasions when such animals need to be kept off exhibit for veterinary care and
recuperation, or, during exhibit improvements where an animal has to be kept off exhibit. In the event of
severe weather, the basement can serve as a triage area to move animals to better assure that they are kept
in a secure place until the severe weather has passed. The basement has limited space and as such, will
only serve a small number of animals at any given time. Any non-domestic animals kept at the Premises shall
be kept in secure and escape-proof enclosures. All state and federal permits will be required and properly
displayed. Tenant will provide a current list of all animals kept in the basement for such purposes to the
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Executive Director of the Landlord and the Owner. When animals are released and either placed in
permanent facilities and/or out of veterinary care and recuperation, tenant will provide an updated list to the
Executive Director of the Landlord and the Owner. Landlord will not be liable for any harm, injury, death, or
sickness to any animal. Tenant is responsible and liable for any damage or required cleaning to the Premises
caused by any animal temporarily placed in the Premises and for all costs Landlord may incur in removing or
causing any animal to be removed.
19. WATERBEDS. There will be no waterbeds, unless authorized by a separate written Waterbed Addendum to
this Elawa Cottage Lease Agreement.
20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant
and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules
and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof,
subject to the prevailing activities of the Landlord.
21. INDEMNIFICATION. Neither the Landlord nor the Owner shall be liable for any damage or injury of or to the
Tenant, the WDC Curator, the WDC Curator's family, or their guests, invitees, agents or employees or to any
person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in
the structure or equipment of the structure of which the Premises are a part, or of keeping of the animals,
including but not limited to any liability resulting from the Landlord turning said animals over to local policing
authorities should the animals be found unsupervised; from all liability arising from any person contracting an
infectious disease, harm or injury from said reptiles or other animal, and Tenant hereby agrees to indemnify,
defend and hold Landlord and Owner harmless from any and all claims or assertions of every kind and nature.
22. DEFAULT . If Landlord breaches this Elawa Cottage Lease Agreement, Tenant may seek any relief provided
by law. If Tenant fails to comply with any of the material provisions of this Elawa Cottage Lease Agreement,
other than the covenant to pay Rent, or of any present rules and regulations or any that may be hereafter
prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within
seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the
intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Elawa Cottage
Lease Agreement unless Tenant cures such non-compliance within such seven-day period. If Tenant fails to
pay Rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's
option, declare the entire balance of Rent payable hereunder to be immediately due and payable and may
exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate
this Elawa Cottage Lease Agreement.
23. ABANDONMENT. If at any time during the term of this Elawa Cottage Lease Agreement Tenant abandons the
Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the
manner provided by law without becoming liable to Tenant for damages or for any payment of any kind
whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, or any part thereof,
for the whole or any part of the then unexpired term, and may receive and collect all Rent payable by virtue of
such reletting, and, at Landlord's option, hold Tenant liable for any difference between the rent that would have
been payable under this Elawa Cottage Lease Agreement during the balance of the unexpired term, if this
Elawa Cottage Lease Agreement had continued in force, and the net rent for such period realized by Landlord
by means of such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises
by Tenant, then Landlord shall consider any personal property belonging to Tenant and left on the Premises to
also have been abandoned, in which case Landlord may dispose of all such personal property in any manner
Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so.
24. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the
conditions or covenants hereof, including the collection of Rent or gaining possession of the Premises, Tenant
agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
25. RECORDING OF ELAWA COTTAGE LEASE AGREEMENT. Tenant shall not record this Elawa Cottage
Lease Agreement on the Public Records of any public office. In the event that Tenant shall record this Elawa
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Cottage Lease Agreement, this Elawa Cottage Lease Agreement shall, at Landlord's option, terminate
immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity.
26. GOVERNING LAW. This Elawa Cottage Lease Agreement shall be governed, construed and interpreted by,
through and under the Laws of the State of Illinois.
27. SEVERABILITY. If any provision of this Elawa Cottage Lease Agreement or the application thereof shall, for
any reason and to any extent, be invalid or unenforceable, neither the remainder of this Elawa Cottage Lease
Agreement nor the application of the provision to other persons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by law.
28. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure
to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and
they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or
Tenant.
30. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular
and plural.
31. NON-WAIVER. No delay, indulgence, waiver, non-enforcement, election or non-election by Landlord under
this Elawa Cottage Lease Agreement will be deemed to be a waiver of any other breach by Tenant, nor shall it
affect Tenant's duties, obligations, and liabilities hereunder.
32. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the
parties and this Elawa Cottage Lease Agreement shall not be modified, changed, altered or amended in any
way except through a written amendment signed by all of the parties hereto.
33. NOTICE. Any notice required or permitted under this Lease or under state law shall be delivered to Tenant at
the Premises address, and to Landlord at the following address: 1401 Middlefork Drive, Lake Forest, IL 60045
[Remainder of Page Intentionally Left Blank]
129
7
34. LEAD -BASED PAINT DISCLOSURE. Given that the Premises were constructed prior to 1978, Tenant
acknowledges awareness of various written materials entitled “LEAD-BASED PAINT DISCLOSURE” which
contains disclosure of information on lead-based paint and/or lead-based paint hazards.
As to Landlord this ______ day of ________________________, 20_____.
LANDLORD:
Sign: ___________________________________
Print: _________________________________ Date: ______________
As to Tenant, this ______ day of ________________________, 20_____.
TENANT
Sign: ___________________________________
Print: __________________________________ Date: ______________
TENANT:
Sign: ___________________________________
Print: __________________________________ Date: ______________
Revised 12-01-14
130
8
131
132
133
THE CITY LAKE FOREST
ORDINANCE NO. 2015-___
AN ORDINANCE DESIGNATING THE LAUREL AND WESTERN AVENUES
REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT
ALLOCATION REDEVELOPMENT ACT
Adopted by the
Mayor and City Council
of
The City of Lake Forest
this __th day of January, 2015
Published in pamphlet form by direction
and authority of The City of Lake Forest,
Lake County, Illinois
this __th day of January, 2015
134
ORDINANCE NO. 2015-___
AN ORDINANCE DESIGNATING THE LAUREL AND WESTERN AVENUES
REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT
ALLOCATION REDEVELOPMENT ACT
WHEREAS, The City of Lake Forest (the “City”) desires to implement tax increment
financing pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et
seq., as amended (the “Act”) for the proposed Laurel and Western Avenues Redevelopment
Project Area within the municipal boundaries of the City as legally described in Exhibit A and
depicted in Exhibit B, attached hereto and made a part hereof (the “Redevelopment Project
Area”); and
WHEREAS, on January __, 2015, the City Council of the City of Lake Forest, Illinois
(the “City”) adopted Ordinance 2015-___ approving a Redevelopment Plan and Project and
Eligibility Report for the Redevelopment Project Area; and
WHEREAS, the Redevelopment Project Area and the Redevelopment Plan and Project
were subject to notice and a public hearing held on December 10, 2014 as required by the Act;
and
WHEREAS, all findings and certifications set forth in Ordinance 2015-___ and in the
Redevelopment Plan and Project are hereby adopted as the findings and certifications of the
Mayor and City Council as if fully set forth in this Ordinance; and
WHEREAS, the Mayor and City Council have determined it is now necessary and
desirable to designate the Redevelopment Project Area as a redevelopment project area pursuant
to the Act;
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:
135
SECTION 1. Recitals. The foregoing recitals are incorporated into this Ordinance as
findings of the Mayor and City Council.
SECTION 2. Designation of the Laurel and Western Avenue Redevelopment
Project Area. The Redevelopment Project Area, as legally described on Exhibit A and depicted
on Exhibit B, is hereby designated as a redevelopment project area, pursuant to Section 4 of the
Act and shall hereafter be known as the Laurel and Western Avenues Redevelopment Project
Area.
SECTION 3. Repealer. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4. Filing of Ordinance. The City Clerk is hereby authorized and directed to
cause a certified copy of this Ordinance to be filed in the Office of the Lake County Clerk.
SECTION 5. Effective Date. This Ordinance shall be in full force and effect
immediately upon its passage, approval, and publication in pamphlet form in the manner
provided by law.
136
PASSED by roll call vote this ___ day of January, 2015.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ___ day of January, 2015.
______________________________
Donald P. Schoenheider, Mayor
ATTEST:
________________________________
Margaret Boyer, Deputy City Clerk
137
EXHIBIT A
(Legal Description of the Redevelopment Project Area)
CITY OF LAKE FOREST, ILLINOIS
LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
Legal Description
Beginning at the point at southwest corner of Lot 7, Block 301, of the Western Addition to Lake
Forest Subdivision, in the Northwest ¼ of the Southwest ¼ of Section 28, Township 44 North,
Range 12 East, within the City of Lake Forest, Lake County, Illinois; thence north, running along
the western lot line of said Lot 7, approximately 674.3 feet, to the northwest corner of said Lot 7;
thence north, 66 feet, to the point of intersection of said western lot line of Lot 7 extended and
the northern line of the Franklin Place right-of-way; thence east, 596.6 feet along said northern
line of the Franklin Place right-of-way to the intersection of the West line of the Western Avenue
right-of-way and said the North line of the Franklin Place right-of-way; thence, east,
approximately 67.79 feet, to the point of intersection of a line extending said North line of the
Franklin Place right-of-way and the East line of the Western Avenue right-of-way; thence
southeast, approximately 822 feet, along the East line of the Western Avenue right-of-way the
point of intersection of said East line of the Western Avenue right-of-way and the South line of
the East Laurel Avenue right-of-way extended; thence west, approximately 67.79 feet to the
point at the intersection of the West Line of the Western Avenue right-of-way and the South Line
of the Laurel Avenue right-of-way; thence west, approximately 784.08 feet, along the South line
of the East Laurel Avenue to the point of intersection with the west property line of Lot 6, Block
307 of the Western Addition to Lake Forest Subdivision; thence northwest, approximately 67.5
feet across the Laurel Avenue right-of-way to the point of beginning.
138
Exhibit B
(Map showing the general street boundaries of the Redevelopment Project Area)
139
STATE OF ILLINOIS )
) ss
COUNTY OF LAKE )
CERTIFICATE
I, Margaret Boyer, certify that I am the Deputy City Clerk of The City of Lake Forest,
Illinois.
I further certify that on _____________________, 2015, the Corporate Authorities of
The City of Lake Forest passed and approved Ordinance No. 2015-___, entitled,
AN ORDINANCE DESIGNATING LAUREL AND WESTERN AVENUES
REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT
ALLOCATION REDEVELOPMENT ACT
A true and correct copy of Ordinance No. 2015 - ___ is attached.
Dated at Lake Forest, Illinois, this __th day of January, 2015.
__________________________
Margaret Boyer, Deputy City Clerk
140
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
FILING CERTIFICATE RE: APPROVAL OF
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of Lake County, Illinois, and as such official I do further certify that on the ____ day of
____________ 2015 there was filed in my office a duly certified copy of an ordinance numbered
2015-___, entitled:
AN ORDINANCE DESIGNATING THE LAUREL AND WESTERN AVENUES
REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT
ALLOCATION REDEVELOPMENT ACT
duly adopted by the City Council of the City of Lake Forest, Lake County, Illinois, on the ___th
day of January, 2015, and that the same has been deposited in the official files and records of my
office.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said County,
this _____th day of ____________ 2015.
_____________________________________
County Clerk of Lake County, Illinois
[SEAL]
141
142
THE CITY OF LAKE FOREST
ORDINANCE NO. 2015-___
AN ORDINANCE APPROVING THE REDEVELOPMENT PLAN AND PROJECT FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
Adopted by the
Mayor and City Council
of
the City of Lake Forest
this __th day of January, 2015
Published in pamphlet form by direction
and authority of The City of Lake Forest,
Lake County, Illinois
this __th day of January, 2015
143
THE CITY OF LAKE FOREST
ORDINANCE NO. 2015-_____
AN ORDINANCE APPROVING THE REDEVELOPMENT PLAN AND PROJECT FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
WHEREAS, The City of Lake Forest (the “City”) desires to implement Tax Increment
Financing pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et
seq., as amended (the “Act”) for the proposed Laurel and Western Avenues Redevelopment
Project Area within the municipal boundaries of the City as legally described in Exhibit A and
depicted in Exhibit B, attached hereto and made a part hereof (the “Redevelopment Project
Area”); and
WHEREAS, pursuant to an ordinance adopted by the City’s corporate authorities on
October 20, 2014, an interested parties registry and rules for the registry’s implementation were
established for the Redevelopment Project Area, in accordance with Section 11-74.4-4.2 of the
Act; and
WHEREAS, notice of the establishment of the interested parties registry was given by
publication in a newspaper of general circulation within the City; and
WHEREAS, the City has retained Teska Associates, Inc. (“Consultant”) to assist the
City in analyzing redevelopment strategies for the Redevelopment Project Area and to provide
consulting services to support such redevelopment; and
WHEREAS, the Consultant’s investigation and review of the Redevelopment Project
Area indicated that the Redevelopment Project Area is blighted and meets the applicable
standards for designation as a tax increment financing (“TIF”) district under the Act, and to that
144
end the Consultant has prepared a written report titled “Laurel Avenue TIF Tax Increment
Financing Eligibility Findings” (“Eligibility Study”); and
WHEREAS, the Consultant also prepared a written report titled “Laurel and Western
Avenues Redevelopment Plan and Program,” dated October 31, 2014, which sets forth a
comprehensive program for the redevelopment of the Redevelopment Project Area, including the
public and private development projects and redevelopment project costs intended to reduce or
eliminate blight in the Redevelopment Project Area (the “Redevelopment Plan and Project”);
and
WHEREAS, copies of the Eligibility Study and the Redevelopment Plan and Project
were made available for public inspection as required by the Act; and
WHEREAS, copies of the Eligibility Study and the Redevelopment Plan and Project
were sent by certified mail to all taxing districts that have taxable property in the proposed
Redevelopment Project Area and to the Illinois Department of Commerce and Economic
Opportunity; and
WHEREAS, notice of the availability of the Eligibility Study and the Redevelopment
Plan and Project was sent by regular first-class U.S. mail to all residential addresses located
outside the Redevelopment Project Area and within 750 feet of its boundaries and to individuals
registered on the interested parties registry for the Redevelopment Project Area, if any; and
WHEREAS, pursuant to notice as required by the Act, a Joint Review Board was
convened on November 7, 2014; and
WHEREAS, at such meeting, the Joint Review Board reviewed the public record,
planning documents, and proposed ordinances relating to the Redevelopment Project Area and
the Redevelopment Plan and Project, heard comments from members of the public in attendance,
145
and thereafter favorably recommended the designation of the Redevelopment Project Area and
adoption of tax increment financing, approval of the Eligibility Study and the Redevelopment
Plan and Project, and adoption of proposed ordinances needed to establish the TIF district, as
more fully set forth in the written report of the Joint Review Board; and
WHEREAS, pursuant to Section 5 of the Act, the Lake Forest Plan Commission held a
public hearing on December 10, 2014 (“Public Hearing”) to consider approval of the
Redevelopment Plan and Project and designation of the Redevelopment Project Area under the
Act; and
WHEREAS, due notice with respect to the Public Hearing was given pursuant to the
Act, said notice being given: (1) to all taxing districts entitled to said notice and the Illinois
Department of Commerce and Economic Opportunity on October 24, 2014; (2) to all residential
addresses outside of and within 750 feet of the boundaries of the Redevelopment Project Area
by regular first-class U.S. Mail on November 2, 2014; (3) by certified mail to the person or
persons in whose name the general taxes for the last preceding year were paid on each lot, block,
tract, or parcel of land lying within the Redevelopment Project Area on November 2, 2014, and
(4) by publication in a newspaper of general circulation within the taxing districts having
property in the Redevelopment Project Area twice during November 2014; and
WHEREAS, the City Council has reviewed and considered information, documentation,
and studies so as to be generally informed about the conditions of the Redevelopment Project
Area and the Redevelopment Plan and Project, including: (1) the Redevelopment Plan and
Project and the Eligibility Study for the proposed Redevelopment Project Area; (2) the condition
of the Redevelopment Project Area and conditions and factors qualifying such Area for
146
designation as a TIF district under the Act; (3) the report and recommendation of the Joint
Review Board; and (4) the testimony and comments made at the Public Hearing; and
WHEREAS, the Mayor and City Council have determined that it is in the best interests
of the City and its residents to approve the Redevelopment Plan and Project for the
Redevelopment Project Area pursuant to Section 4(a) of the Act, as provided in this Ordinance;
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 1. Recitals. The foregoing recitals are incorporated into this Ordinance as
findings of the Mayor and City Council.
SECTION 2. Findings of Fact. The Mayor and City Council hereby make the
following findings of fact pursuant to Sections 3 and 4(a) of the Act:
A. The City has obtained an Eligibility Report addressing the feasibility of
establishing the Redevelopment Project Area as a TIF district under the Act in accordance with
the requirements of the Act.
B. The conditions in the Redevelopment Project Area, including those set forth in the
Redevelopment Plan and Project and Eligibility Study, establish that the site is blighted and
meets the applicable standards for designation as a TIF District under the Act.
C. The parcels of real property in the Redevelopment Project Area are contiguous,
and the Redevelopment Project Area includes only those contiguous parcels of real property and
improvements thereon that will be substantially benefited by the Redevelopment Plan and
Project.
147
D. The Redevelopment Project Area on the whole has not been subject to growth and
development through investment by private enterprise and would not be reasonably anticipated
to be developed without the adoption of the Redevelopment Plan and Project.
E. The Redevelopment Plan and Project conforms to the Comprehensive Plan for the
development of the City as a whole.
F. The Redevelopment Plan and Project establishes an estimated date for final
completion of the Redevelopment Plan and Project that is not later than December 31st of the
year in which the payment to the municipal treasurer is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which this Ordinance was adopted.
G. The Redevelopment Plan and Project establishes an estimated date for retirement
of obligations incurred to finance redevelopment project costs that is not later than December
31st of the year in which the payment to the municipal treasurer is to be made with respect to ad
valorem taxes levied in the 23rd calendar year after the year in which this Ordinance was
adopted.
H. The proposed Redevelopment Project Area would not reasonably be developed or
redeveloped without the use of tax incremental revenues.
I. The tax incremental revenues will be exclusively utilized for the development of
the Redevelopment Project Area and otherwise to the extent allowed by the Act.
J. The City certifies that the Redevelopment Plan and Project for the Redevelopment
Project Area will not result in the displacement of residents from 10 or more inhabited residential
units.
148
K. All other findings and certifications set forth in the Redevelopment Plan and
Project are hereby adopted as the findings and certifications of the Mayor and City Council as if
fully set forth in this Ordinance.
SECTION 3. Approval of the Redevelopment Plan and Project and the Eligibility
Report. The Redevelopment Plan and Project and the Eligibility Report for the Redevelopment
Project Area, which were the subject matter of the Public Hearing, are hereby adopted and
approved. Copies of the Redevelopment Plan and Project and the Eligibility Report are attached
hereto as Exhibit C and, by this reference, made a part of this Ordinance.
SECTION 4. Partial Invalidity. If any section, paragraph, clause or provision of this
Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this
Ordinance.
SECTION 5. Repealer. All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6. Filing of Ordinance. The City Clerk is hereby authorized and directed to
cause a certified copy of this Ordinance to be filed in the Office of the Lake County Clerk.
SECTION 7. Effective Date. This Ordinance shall be in full force and effect
immediately upon its passage, approval, and publication in pamphlet form in the manner
provided by law.
PASSED by roll call vote this ___ day of January, 2015.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ___ day of January, 2015.
149
______________________________
Donald P. Schoenheider, Mayor
ATTEST:
________________________________
Margaret Boyer, Deputy City Clerk
150
EXHIBIT A
(Legal Description of the Redevelopment Project Area)
CITY OF LAKE FOREST, ILLINOIS
LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
Legal Description
Beginning at the point at southwest corner of Lot 7, Block 301, of the Western Addition to Lake
Forest Subdivision, in the Northwest ¼ of the Southwest ¼ of Section 28, Township 44 North,
Range 12 East, within the City of Lake Forest, Lake County, Illinois; thence north, running along
the western lot line of said Lot 7, approximately 674.3 feet, to the northwest corner of said Lot 7;
thence north, 66 feet, to the point of intersection of said western lot line of Lot 7 extended and
the northern line of the Franklin Place right-of-way; thence east, 596.6 feet along said northern
line of the Franklin Place right-of-way to the intersection of the West line of the Western Avenue
right-of-way and said the North line of the Franklin Place right-of-way; thence, east,
approximately 67.79 feet, to the point of intersection of a line extending said North line of the
Franklin Place right-of-way and the East line of the Western Avenue right-of-way; thence
southeast, approximately 822 feet, along the East line of the Western Avenue right-of-way the
point of intersection of said East line of the Western Avenue right-of-way and the South line of
the East Laurel Avenue right-of-way extended; thence west, approximately 67.79 feet to the
point at the intersection of the West Line of the Western Avenue right-of-way and the South Line
of the Laurel Avenue right-of-way; thence west, approximately 784.08 feet, along the South line
of the East Laurel Avenue to the point of intersection with the west property line of Lot 6, Block
307 of the Western Addition to Lake Forest Subdivision; thence northwest, approximately 67.5
feet across the Laurel Avenue right-of-way to the point of beginning.
151
EXHIBIT B
(Map showing the general street location of the Redevelopment Project Area)
152
EXHIBIT C
(Redevelopment Plan and Project and Eligibility Report for the Redevelopment Project Area)
153
STATE OF ILLINOIS )
) ss
COUNTY OF LAKE )
CERTIFICATE
I, Margaret Boyer, certify that I am the Deputy City Clerk of The City of Lake Forest,
Illinois.
I further certify that on January ___, 2015, the Corporate Authorities of The City of Lake
Forest passed and approved Ordinance No. 2015-___, entitled,
AN ORDINANCE APPROVING THE REDEVELOPMENT PLAN AND PROJECT FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
A true and correct copy of Ordinance No. 2015 - ___ is attached
Dated at Lake Forest, Illinois, this __th day of January, 2015.
__________________________
Margaret Boyer, Deputy City Clerk
154
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
FILING CERTIFICATE RE: APPROVAL OF
PLAN AND PROJECT
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of Lake County, Illinois, and as such official I do further certify that on the ____ day of
____________ 2015 there was filed in my office a duly certified copy of an ordinance numbered
2015-___, entitled:
AN ORDINANCE APPROVING THE REDEVELOPMENT PLAN AND PROJECT FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
duly adopted by City Council of the City of Lake Forest, Lake County, Illinois, on the __th day
of January 2015, and that the same has been deposited in the official files and records of my
office.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said County,
this ____ day of ____________ 2015.
_______________________________________
County Clerk of Lake County, Illinois
[SEAL]
155
156
Laurel and Western Avenues
Redevelopment Plan and Program
Tax Increment Financing District
City of Lake Forest, Illinois
October 31, 2014
157
2 | Page
Table of Contents
INTRODUCTION ..................................................................................................................................... 3
Project Background .......................................................................................................................................... 3
Tax Increment Financing ................................................................................................................................ 3
Eligibility of the Proposed TIF District ...................................................................................................... 4
Redevelopment Project Area Description ................................................................................................ 4
Legal Description of the TIF District .......................................................................................................... 6
Redevelopment Plan and Program ............................................................................................................. 6
Purpose of the Redevelopment Plan .......................................................................................................... 7
Redevelopment Plan Objectives .................................................................................................................. 7
Redevelopment Land Use Plan ..................................................................................................................... 7
Development Guidelines ................................................................................................................................ 7
Development Opportunity .......................................................................................................................... 10
Eligible Project Costs .................................................................................................................................... 10
Property Assembly ........................................................................................................................................ 11
Public Improvements ................................................................................................................................... 11
Phasing of Project .......................................................................................................................................... 11
Redevelopment Program Budget and Estimated Project Costs .................................................... 12
Sources of Funds ............................................................................................................................................. 13
Nature and Term of Obligations to be Issued ...................................................................................... 13
Equalized Assessed Valuation ................................................................................................................... 14
Affirmative Action .......................................................................................................................................... 15
Payment in Lieu of Taxes ............................................................................................................................. 15
Provision for Amending the Redevelopment Plan and Program .................................................. 15
Findings of Need for Tax Increment Financing ......................................................................... 15
Project Area Not Subject to Growth ......................................................................................................... 15
Conformance with the Comprehensive Plan of the City of Lake Forest ...................................... 16
Date of Completion ........................................................................................................................................ 16
Certification Regarding Lack of Displacement .................................................................................... 16
Financial Impact of Redevelopment ........................................................................................................ 16
Impact on the County of Lake .................................................................................................................... 17
Impact on the City of Lake Forest ............................................................................................................. 17
Impact on the City of Lake Forest Library ............................................................................................. 17
Impact on School District #67 and #115................................................................................................ 17
Impact on College of Lake County #532 ................................................................................................. 18
North Shore Sanitary District .................................................................................................................... 18
Impact on Lake County Forest Preserve District ................................................................................ 18
Impact on the Township of Shields .......................................................................................................... 18
Appendix A – Eligibility Findings ................................................................................................... 19
158
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INTRODUCTION
Project Background
The proposed Project Area for the Laurel Avenue TIF is situated near the heart of the community,
located a block north of Lake Forest’s core downtown area. From a municipal government perspective,
the Project Area was once considered the center as it formerly housed multiple municipal services and
public works facilities. In addition, the Project Area was once a significant commercial activity node,
serving as a coal and wood yard in the early 20th century and then an auto dealership in the latter part of
the century.
With most of those municipal services and facilities shifted to a new facility on the western part of the
city and commercial activity lying dormant, the proposed Laurel Avenue TIF is intended to spur
reinvestment into the area to encourage redevelopment that will provide new uses and activities that
will reinvigorate this section of Lake Forest and allow the community to reclaim this important corner.
Tax Increment Financing can be used to make the Laurel Avenue area attractive for redevelopment by
eliminating the conditions which inhibit private investment, weaken the City’s tax base, affect the safety
of community residents, and hinder the City’s ability to promote a cohesive development of compatible
land uses. Establishing the Laurel Avenue TIF District can help the City meet its community goals by
facilitating physical improvements, removing blighted conditions, and providing funding sources for
improvement projects. These improvements will not only help improve the physical conditions and
economic development of the Laurel Avenue area, but also enhance the quality‐of‐life in adjacent
neighborhoods and Lake Forest overall.
The Project Area is located north of the downtown area at the northwest corner of Laurel Avenue and
Western Avenue. In particular, the Project Area has the following general boundaries: Laurel Avenue
on the south, Western Avenue on the east, Franklin Place on the north, and the western property line of
the former municipal services buildings on the west. In addition to the former municipal services
buildings, the Project Area was the former home to an auto dealership and a series of residential
structures (of which only one of the six still remains). Covering approximately 10.6 acres, the Project
Area contains 7 structures (primary and accessory) on 13 parcels which cover a single block. The 7
structures are located on only 4 of the 13 parcels.
Tax Increment Financing
Tax increment financing is permitted in Illinois under the “Tax Increment Allocation Redevelopment Act”
(Chapter 65 ILCS 5/11‐74.4‐1, et seq.) of the Illinois Compiled Statutes, as amended (hereinafter the
“Act”). Only areas which meet certain specifications outlined in the Act are eligible to use this financing
mechanism. This document has been prepared in accordance with the provisions of the Act in effect
after the effective date of Public Act No. 91‐478, known as the TIF Reform Law. It shall serve as a guide
to all proposed public and private actions in the Redevelopment Project Area. Besides describing the
redevelopment objectives, this Redevelopment Area Plan and Program sets forth, in general terms, the
overall program to be undertaken to achieve these objectives.
The Act permits municipalities to improve eligible “conservation” or “blighted” areas in accordance with
an adopted redevelopment plan over a period not to exceed 23 years. The municipal cost of certain
159
4 | Page
public improvements and programs can be repaid with the revenues generated by increased assessed
values of private real estate within a designated project area. The key to this financing tool is that
funding does not rely on the taxing power of the municipality alone. The property taxing power of all
taxing districts with jurisdiction over the land within the project area can be employed to retire the
necessary financial obligations. This taxing power is only applied to the increase in equalized assessed
valuation generated within the designated project area during the limited term of the Redevelopment
Plan and Program, principally increased equalized assessed valuation from new private development.
Eligibility of the Proposed TIF District
Commencing in March of 2012, a study was undertaken, consistent with the Act and related procedural
guidelines, to determine the eligibility of the proposed redevelopment project area. The results of the
study indicate that the Project Area meets the Act’s requirements for a “conservation area,” and
“blight” and is eligible to be designated by the City of Lake Forest as a “Tax Increment Financing
Redevelopment Project Area.” The detailed findings of this study are described in Appendix “A” of this
report.
The Project Area qualifies as a “conservation area” under the Act because at least 50% of the structures
in the Project Area are at least 35 years old and because of the presence of at least three (3) qualifying
conditions. Within the Project Area, the following seven (7) qualifying conditions are present:
All 7 structures (100%) in the Project Area are more than 35 years old.
Half of the parcels that include at least one structure are functionally obsolete.
Deterioration of structures occurs on all four parcels (100%) that contain structures and
deteriorated surface improvements are apparent on all 13 parcels (100%) of the Project Area.
Excessive vacancies are evidenced by 75% of parcels with structures are vacant.
Community planning is lacking due to the Project Area being developed as early as the 1920’s
which was prior to formal community planning in Lake Forest.
Environmental remediation is required due to the discovery of underground storage tanks,
above‐ground storage tanks, and the existence of a former vehicle repair facility.
Minimal marginal increase in the equalized assessed value (EAV) is a factor because the EAV of
the Project Area declined in 3 of the past 5 years and remained unchanged for a fourth year
(between 2006 – 2007).
Each of these factors, to a meaningful extent, contributes to the eligibility of the Project Area as a
“Conservation Area” and each factor is reasonably distributed throughout the study area.
Redevelopment Project Area Description
The Project Area is located north of the downtown area as the northwest corner of Laurel Avenue and
Western Avenue. In particular, the Project Area has the following general boundaries: Laurel Avenue
on the south, Western Avenue on the east, Franklin Place on the north, and the western property line of
the former municipal services buildings on the west. In addition to the former municipal services
buildings, the Project Area was the former home to an auto dealership and a series of residential
structures (of which only one of the six still remains). Covering approximately 10.6 acres, the Project
Area contains 7 structures (primary and accessory) on 13 parcels that cover a single block. The 7
structures are located on only 4 of the 13 parcels.
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Legal Description of the TIF District
The Study area is bounded on the north by the Franklin Place right‐of‐way, on the east by the Western
Avenue right‐of‐way and Union Pacific Railroad, on the south by the Laurel Avenue right‐of‐way, and on
the west by the western boundary of the former City of Lake Forest Municipal Services property and the
eastern lot line of four single family residential properties within the Woodview Acres Subdivision
(numbered as 70 E. Laurel Ave.; 58 E. Laurel Ave; 59 E. Franklin Pl.; and, 63 E. Franklin Pl.).
The legal description of the Project Area is as follows:
Beginning at the point at southwest corner of Lot 7, Block 301, of the Western Addition to Lake Forest
Subdivision, in the Northwest ¼ of the Southwest ¼ of Section 28, Township 44 North, Range 12 East,
within the City of Lake Forest, Lake County, Illinois; thence north, running along the western lot line of
said Lot 7, approximately 674.3 feet, to the northwest corner of said Lot 7; thence north, 66 feet, to the
point of intersection of said western lot line of Lot 7 extended and the northern line of the Franklin Place
right‐of‐way; thence east, 596.6 feet along said northern line of the Franklin Place right‐of‐way to the
intersection of the West line of the Western Avenue right‐of‐way and said the North line of the Franklin
Place right‐of‐way; thence, east, approximately 67.79 feet, to the point of intersection of a line
extending said North line of the Franklin Place right‐of‐way and the East line of the Western Avenue
right‐of‐way; thence southeast, approximately 822 feet, along the East line of the Western Avenue right‐
of‐way the point of intersection of said East line of the Western Avenue right‐of‐way and the South line
of the East Laurel Avenue right‐of‐way extended; thence west, approximately 67.79 feet to the point at
the intersection of the West Line of the Western Avenue right‐of‐way and the South Line of the Laurel
Avenue right‐of‐way; thence west, approximately 784.08 feet, along the South line of the East Laurel
Avenue to the point of intersection with the west property line of Lot 6, Block 307 of the Western
Addition to Lake Forest Subdivision; thence northwest, approximately 67.5 feet across the Laurel
Avenue right‐of‐way to the point of beginning.
Redevelopment Plan and Program
The revitalization of the Redevelopment Project Area is a large and complex undertaking that presents
many challenges and opportunities for the City. The success of this effort will depend on the
cooperation between the private sector and the local government. Public and private development
efforts have not, as yet, been able to stimulate the comprehensive revitalization of the designated
Project Area. The adoption of the Redevelopment Area Plan and Program will aid in the implementation
of the goals and objectives identified in the City of Lake Forest’s 1998 Comprehensive Plan (hereinafter
the “Comprehensive Plan”) and will stimulate redevelopment and rehabilitation in this area which
otherwise could not be reasonably developed without the adoption of this Plan and Program. Through
public investment, the Project Area and its surrounding will become an environment and setting that
will attract private investment.
The Act describes the Redevelopment Plan as “the comprehensive program of the municipality for
development or redevelopment intended by the payment of the redevelopment project costs to reduce
or eliminate those conditions, the existence of which qualified the redevelopment project area as a
blighted area or conservation area, … and thereby serves to enhance the tax bases of the taxing districts
which extend into the redevelopment project area.”
The successful implementation of the Redevelopment Area Plan and Program requires that the City take
full advantage of the real estate tax increment attributed to the Project Area as provided for by the Act.
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The Redevelopment Area would not reasonably be developed and improved without the use of such
incremental revenues.
Purpose of the Redevelopment Plan
Pursuant to the “Tax Increment Allocation Redevelopment Act,” the purpose of a Redevelopment Plan
and Program is to promote the health, safety, morals, and welfare of the general public by:
1. Eradicating blighting conditions and instituting conservation measures;
2. Removing and alleviating adverse conditions by encouraging private investment of underutilized
and vacant properties which will strengthen the economy, tax base, business environment, and
living environment;
3. Improving existing public utilities within the area; and by
4. Enhancing the overall quality of the City of Lake Forest.
Redevelopment Plan Objectives
The goals and objectives of the Redevelopment Plan are both those articulated in the Illinois Tax
Allocation Redevelopment Act and consistent with those identified in the Comprehensive Plan. The
Comprehensive Plan adopted in 1998 includes Goals and Objectives for residential character and
development:
i) “Provide a land use pattern that takes into consideration the need fro transitional zoning
and is sensitive to unique land characteristics.”
ii) “Maintain high standards in all new development and rehabilitation including infill
developments, giving special consideration to the unique character of each area of the City.”
The Comprehensive Plan focuses on development of two general areas, new development (primarily in
the northwestern portion of the City) and infill development, of which the study area is specifically
identified as a Transitional Zone (“…buffer areas between different land uses and / or densities.
Additionally, these areas that may be subject to redevelopment”).
Redevelopment Land Use Plan
The aim of the Redevelopment Plan is the revitalization of the Project Area as a vibrant, predominantly
residential area that contributes to the health and vitality of the City of Lake Forest, and strengthens the
demand for goods and services within the adjacent central business district. The recommended land
uses, redevelopment opportunities, and public improvements of this Redevelopment Plan are
anticipated and consistent with the Comprehensive Plan.
Development Guidelines
The City of Lake Forest Planning Commission, in anticipation of this Redevelopment Plan and Program,
adopted design guidelines intended to assure that the redevelopment of the site achieved City
objectives and would be compatible with surrounding properties. These goals were accepted by the
Lake Forest City Council and used as part of the invitation and evaluation of private developer
qualifications and eventually, redevelopment proposals for the site. The Guidelines state:
Land Use Parameters
1. The use of the 10.6 acre parcel is envisioned as primarily residential. Consideration of various
housing unit types, at various price points and both ownership and rental products are encouraged.
2. If proposed, non‐residential uses should:
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Generally be located within the portion of property zoned B‐2.
Be well integrated into the overall development and serve as an amenity or additive use to the
development, surrounding neighborhood and overall business district.
Any non‐residential use generating regular customer traffic should generally be oriented and
accessed from Western Avenue.
3. Developer creativity and market responsiveness is encouraged with the knowledge that the City will
evaluate each proposal for compatibility and sensitivity to the surrounding neighborhoods, the business
district and the overall character of the community. High quality architectural design, quality materials,
site layout, landscaping and amenities are expected to create a development that strengthens and
diversifies the housing choices available within the City.
Density and Open Space Parameters
4. Density should not exceed permitted densities in surrounding residential developments. In all cases,
the appearance of density should be mitigated through a site plan and building design that incorporates
various techniques used in combination including, but not limited to: siting and orientation of buildings,
setbacks, transition areas, open space, articulated building massing and selection of architectural styles
that minimize the appearance of mass.
5. The requirements of the City’s Inclusionary Housing Ordinance must be met through incorporation of
affordable and moderately priced units, as defined in the City Code, on the site.
6. Building heights at the perimeters of the site may be consistent with the height of the surrounding
residential uses. Buildings up to four stories above grade, including parking if applicable, may be
permitted internal to the site and along Western Avenue in cases where building design is consistent
with the architectural style selected by the developer and the appearance of mass and height is
mitigated by a strong land plan as noted in Parameter #4.
7. Consideration will be given to architectural elements, but no useable floor area, that rise above a
four story massing in the interest of achieving a high quality architectural design and adequate visual
and acoustical screening for any roof top elements.
8. A minimum of 30% open space should be provided on the site. The open space calculation excludes
parking lots, driveways, parking lot islands and public or private rights‐of‐way but may include open
space surrounding the oak tree and Franklin Park, or any portion of the park, if it is retained as part of
the development plan.
Streets and Access Parameters
9. Development should be designed to integrate with the surrounding neighborhoods.
10. Sufficient emergency ingress/egress to both the new development and existing development in the
surrounding area must be provided.
11. Consideration should be given to the benefits of widening a portion of Franklin Place and providing
an opportunity for additional on street parking for the existing residential development to the north.
Parking Parameters
12. Adequate on‐site parking should be provided for all residents, employees, visitors, service providers
and customers associated with the new development.
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13. In planning for adequate parking on the site, consideration should be given to parking alternatives
that maximize the amount of open space. Use of covered parking is encouraged to meet all required
parking standards on the site.
14. The provision of additional on‐street, public parking on Western and/or Laurel Avenues should be
explored during consideration of a unified development for the site to address existing parking
shortages in the area. On street parking on Laurel Avenue should not extend beyond the existing
commercial development on the south side of Laurel Avenue into the residential area.
Preservation of Existing Landscape Elements
15. Preserve the existing oak tree to the south of the former Municipal Services building and ensure
adequate open space around the tree to support its continued viability.
16. If Franklin Park is not preserved, provide an area for public use that is equal to or larger than the
area now known as Franklin Park.
Site Amenities Parameters
17. The development should be pedestrian friendly and should provide amenities not only to the
residents of the new development, but also to residents in adjacent residential neighborhoods. The
following amenities are encouraged:
Pocket parks that provide passive recreational opportunities, landscape features and open
space.
Pedestrian connections around and through the development.
Pedestrian friendly streetscapes with set back sidewalks
Lighting consistent with Lake Forest standards for both streets and pedestrian walkways
designed to address pedestrian and vehicle safety while at the same time respecting the “right
to night” and the historic lower lighting levels of Lake Forest.
Setback Parameter
18. Reflect the applicable zoning setbacks for the site and the traditional character of Lake Forest
neighborhoods and streetscapes in the land plan. Variances from the required setbacks may be granted
by the City if it is demonstrated that as a result, the overall plan is enhanced.
Development Approval Process
19. Once a developer is selected by the City Council, consideration of the detailed land plan and
buildings will be processed through the normal public hearing processes before the Plan Commission
and Building Review Board only after close coordination through the design development process with
the City’s consultant and City staff from various departments.
20. The City intends to work with the selected developer through the entitlement process to assure that
a high quality project, guided by these development parameters, is approved in a timely manner and
further to coordinate with the selected developer to establish a timeline and approach to build‐out of
the site that provides certainty and balances the interests of all affected parties to the extent possible.
Any deviation from the design guidelines or from the zoning or other City development standards as
approved by the Plan Commission or City Council, which may or may not include the components above
does not constitute a change to this Plan and shall be deemed consistent with and part of this Plan.
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Development Opportunity
The 10.6 acre development opportunity site is located between Laurel Avenue and Franklin Place along
Western Avenue in downtown Lake Forest. The site is positioned well for a mix of housing options that
will attract young professionals, emerging families, and empty nesters seeking proximity to the Metra
line and walkable downtown, and existing Lake Forest residents interested in downsizing their current
lifestyle. The site will replace a current transitional zone between the downtown core and residential
neighborhoods.
Eligible Project Costs
Redevelopment project costs mean and include the sum of all reasonable or necessary costs incurred or
estimated to be incurred, and any such costs incidental to a redevelopment plan and a redevelopment
project, as allowed by Statute. Such costs may include, without limitation, the following:
1. Costs of studies, surveys, development of plans, and specifications, implementation and
administration of the Redevelopment Plan including but not limited to staff and professional
service costs for architectural, engineering, legal, financial, planning or other services.
2. The cost of marketing sites within the Project Area to prospective businesses, developers, and
investors.
3. Property assembly costs including, but not limited to, acquisition of land and other property,
real or personal, or rights or interests therein, demolition of buildings, site preparation and site
improvements that serve as an engineered barrier addressing ground level or below ground
environmental contamination, including, but not limited to parking lots and other concrete or
asphalt barriers, and the clearing and grading of land.
4. Costs of rehabilitation, reconstruction, repair, or remodeling of existing private or public
buildings, fixtures, and leasehold improvements; and the cost of replacing an existing public
building if pursuant to the implementation of a redevelopment project the existing public
building is to be demolished to use the site for private investment or devoted to a different use
requiring private investment.
5. Costs of the construction of public works or improvements.
6. Financing costs, including but not limited to, all necessary and incidental expenses related to the
issuance of obligations and which may include payment of interest on any obligations issued
under the Act accruing during the estimated period of construction of any redevelopment
project for which such obligations are issued, and not exceeding 36 months thereafter and
including reasonable reserves related thereto.
7. To the extent the City by written agreement accepts and approves the same, all or a portion of a
taxing district’s capital costs resulting from the Redevelopment Project necessarily incurred or to
be incurred within a taxing district in furtherance of the objectives of the Redevelopment Plan.
8. An elementary, secondary, or unit school district’s increased costs attributable to assisted
housing units as provided in the Act.
9. A library district’s increased costs attributable to assisted housing units as provided in the Act.
10. Relocation costs to the extent that the City determines that relocation costs shall be paid or is
required to make payment of relocation costs by Federal or State law.
11. Payment in lieu of taxes.
12. Interest cost incurred by a redeveloper related to the construction, renovation or rehabilitation
of a redevelopment project, as provided by the Act.
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Property Assembly
Per the TIF Act, property acquired by a municipality may be assembled into redevelopment sites. These
properties may be sold or leased by said municipality to other public bodies or to private developers, in
whole or in part. Site assembly also includes the cost of demolition of buildings, site preparation, site
improvements, environmental hazard mitigation, sub‐surface structural and environmental barriers, and
clearing and grading of land in preparation for construction of buildings or structures. With respect to
the Project Area, it is not anticipated that effective redevelopment can be accomplished in a piecemeal
fashion, nor would such piecemeal redevelopment be desirable. As a result, the entirety of the Project
Area should be included in a single, comprehensive redevelopment program.
Public Improvements
The City of Lake Forest will provide public improvements in the Project Area to facilitate redevelopment,
support the Redevelopment Plan, and to serve the needs of Lake Forest residents, property and
business owners. Appropriate public improvements may include but are not limited to, the following:
1. Stormwater management improvements, including but not limited to creating or improving
stormwater detention facilities, storm sewers, curbs and gutters;
2. Removal, resurfacing, widening, reconstruction, signalization, and other improvements to rights‐of‐
way, streets, sidewalks, and pathways;
3. Pedestrian safety enhancements, including in‐pavement mid‐block crosswalks and lighting and
storm sewer modifications;
4. Development of or improvements to public open space;
5. Construction, reconstruction or improvement of on‐street and off‐street public parking facilities and
structures;
6. Improvement of public utilities such as storm‐water and sanitary sewers and water lines;
7. Demolition and rehabilitation of obsolete structures;
8. Beautification improvements, including streetscape (sidewalk/brick pavers), lighting, signage, and
landscaping within the Project Area;
9. Roadway improvements, including reconstruction, pavement and storm sewer improvements; and
10. Grants or loans to private property owners for eligible property improvements, including building
rehabilitation, façade restoration or site enhancements.
The City of Lake Forest and individual developers and/or property owners, pursuant to an agreement
between the parties, may share the costs associated with these improvements. The City may determine
at a later date that certain listed improvements are no longer needed or are appropriate and may
remove them from the list, or may add new improvements to the list that are consistent with the
objectives of this Redevelopment Plan.
Phasing of Project
Once the Tax Increment District is formed, the City of Lake Forest may enter into redevelopment
agreements with one or more developers to whom property may be sold or otherwise conveyed for
private development. Site Assembly, site preparation and certain public improvements may be
conducted in advance or coincident with private improvement and development. Given the scale of the
site, and the diversity of building types/housing types anticipated in the redevelopment plan and
development guidelines, it is likely that construction of private improvements will occur in more than
one phase. The City will seek to assure a continuity of phases so as to contribute to the long term
marketability, value, quality and compatibility to the surrounding community.
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Redevelopment Program Budget and Estimated Project Costs
Expense Categories Amount
(1) Costs of Studies, Surveys, Development Plans, Implementation and administration
of the Redevelopment Plan
$500,000
(2) Property Assembly, Acquisition of land and other property, Demolition of buildings,
Environmental Mitigation, Site preparation and site improvements
$7,950,000
(3) Rehabilitation, Reconstruction, Repair, or Remodeling of Existing Public or Private
Buildings and Fixtures
$1,000
(4) Costs of the Construction of Public Works or Improvements $2,150,000
(6) Financing costs, Including Expenses for Issuance of Obligations, Interest, Capitalized
interest, and other financing fees and expenses
$7,000,000
(7) Other Taxing Jurisdiction’s Capital Costs resulting from TIF $5,000
(7.5) School District Increased Cost Due to Additional Students $12,665,000
(7.7) Library District Increased Cost Due to Additional Patrons resulting from TIF $635,000
(8) Relocation costs to the extent that the City determines that relocation costs shall be
paid or is required to make payment of relocation costs by Federal or State law.
$125,000
(11) Interest cost incurred by a redeveloper related to the construction, renovation or
rehabilitation of a redevelopment project, as provided by the Act.
$250,000
Total Estimated Project Costs $31,281,000.00
Notes:
(1) Over the lifetime of the TIF, redevelopment project costs may fluctuate and necessitate a change to individual line items;
however, such changes will not result in an increase of the total estimated project costs. Such modifications may be made
without further amendment to this Plan so long as there is not an overall increase in the total estimated project costs.
(2) Total redevelopment project costs may include financing costs, including interest expenses, capitalized interest, and costs
associated with optional redemptions in addition to those projected in (6) above. These costs are subject to prevailing
market conditions and are in addition to the total project costs.
(3) Total redevelopment project costs may include School District and Library District Increased Costs as defined and required
by The Act in addition to those projected in (7) through (7.7) above. The project costs in 7.5 and 7.7 are projections based
on the estimated number of students and library patrons resulting from redevelopment, and on projections of School
District per student and Library District per patron expenditures in future years. These costs are subject to increases
resulting from decisions of those Districts and market conditions and are in addition to the total project costs.
(4) Total project costs are inclusive of redevelopment project costs in contiguous Project Areas or those separated by only a
public right‐of‐way that are permitted under the Act to be paid from incremental property taxes generated in the Project
Area, but do not include redevelopment project costs incurred in the Project Area which are paid from incremental
property taxes generated in contiguous Project Areas or those separated only by a public right‐of‐way. The amount of
revenue from the Project Area made available to support such contiguous Project Areas, or those separated only by a
public right‐of‐way, when added to all amounts used to pay eligible redevelopment project costs within the Project Area,
shall not at any time exceed the total redevelopment project costs described in the Redevelopment Plan.
(5) Public improvements may also include capital costs of taxing districts and other costs allowable under the Act. Specifically,
public improvements as identified in the Redevelopment Plan and as allowable under the Act may be made to property
and facilities owned or operated by the City or other public entities. As provided in the Act, Redevelopment Project Costs
may include, to the extent the City by written agreement accepts and approves the same, all or a portion of a taxing
district’s capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing
district in furtherance of the objectives of the Redevelopment Plan.
(6) The City reserves the right to move amounts among the eligible cost categories. The table above represents a listing of
costs associated with the Area over the life of the Area.
(7) All costs are shown in 2014 dollars and may be increased by five percent (5%) in addition to adjustments for inflation
reflected in the Consumer Price Index (“CPI”) for All Urban Consumers for All Items for the Chicago‐Gary‐Kenosha, IL‐IN‐WI
CMSA, published by the U.S. Department of Labor
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Sources of Funds
The Act provides a way for municipalities to finance public redevelopment costs with incremental real
estate tax revenues. Incremental tax revenue is derived from the increase in the current equalized
assessed valuation (EAV) of real property within the Project Area over and above the certified initial EAV
of the real property. Any increase in EAV is then multiplied by the current tax rate, resulting in the tax
increment revenue.
Funds necessary to pay redevelopment project costs may be derived from a number of authorized
sources. These may include, but are not limited to, the following:
1. Real property tax increment revenues from the Project Area;
2. Interest earned on temporary investments;
3. Gifts, grants, and contributions;
4. Bond proceeds;
5. Sale or lease of land proceeds;
6. User fees;
7. Municipal sales taxes; and
8. The City’s general revenue fund.
The principal source of funds will be the incremental increase in real property tax attributable to the
increase in the equalized assessed value of each taxable lot, block, tract or parcel of real property in the
Project Area over the initial equalized assessed value of each such lot, block, tract or parcel. It is
estimated that the incremental increase in equalized assessed value over the term of the TIF District will
be $30,500,000, resulting in total incremental TIF revenues exceeding $30,000,000 available to pay or
retire TIF obligations. There may be other eligible local sources of revenue that the City determines are
appropriate to allocate to the payment of redevelopment project costs.
In the event that adequate funds are not available as anticipated from aforementioned sources, the City
may utilize its taxing power to sustain the redevelopment projects or repay obligations issued in
connection therewith, to be reimbursed over time, if possible, from tax increment revenues.
Nature and Term of Obligations to be Issued
The financial plan of this Redevelopment Plan is intended to establish a conservative public expenditure
approach. Revenues will be accumulated in the special tax allocation fund to pay for public purpose
expenditures identified in this Redevelopment Plan; whenever practical, expenditures will be made on a
cash basis. This method of financing shall not preclude the City from undertaking initiatives designed to
stimulate appropriate private investment in the Project Area.
Certain redevelopment projects may be of such a scale or on such a timetable as to preclude financing
on a cash basis. These projects may be funded by the use of tax increment revenue obligations issued
pursuant to the Act for a term not to exceed twenty (20) years. Consistent with the conservative nature
of the financial plan for this Redevelopment Program, the highest priority for the issuance of tax
increment revenue obligations shall occur when the commitment is in place for private sector
investment necessary to fund the amortization of such obligations.
All obligations are to be covered after issuance by projected and actual tax increment revenues and by
such debt service reserved and sinking funds as may be provided by ordinance. Tax increment revenues
not required for the retirement of obligations providing for reserves, sinking funds, reimbursement of
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non‐TIF funding sources advanced by the City to sustain the redevelopment projects or repay
obligations, and anticipated redevelopment project costs may be declared surplus and become available
for distribution annually to the taxing districts in the Project Area.
One or more issues of obligations may be sold at one or more times in order to implement this plan, as
now or hereafter amended, in accordance with law. Obligations, now or in the future, can be issued as
senior, junior or parity obligations.
The City may, by ordinance, in addition to obligations secured by the special tax allocation fund provided
by law, pledge for a period not greater than the term of the obligations any part or any combination of
the following:
Net revenues of all or part of a Redevelopment Project;
Taxes levied and collected on any or all property in the municipality;
The full faith and credit of the municipality;
A mortgage on part or all of a Redevelopment Project; and
Any other taxes or anticipated receipts that the municipality may lawfully pledge.
Equalized Assessed Valuation
Table 1 lists the most recent (2013) equalized assessed valuation of properties in the Project Area by
individual property tax identification (pin) number. The total 2013 equalized assessed valuation of the
Project Area is $96,630.
Table 1: Equalized Assessed Values
PIN Exempt Land Building Total Equalizer EAV
1 12283010140000 Exempt
2 12283010150000 Exempt
3 12283010160000 Exempt
4 12283010170000 Exempt
5 12283010180000 Exempt
6 12283010190000 $50,707 $45,923 $96,630 1.0000 $96,630
7 12283010200000 Exempt
8 12283010210000 Exempt
9 12283010220000 Exempt
10 12283010230000 Exempt
11 12283010240000 Exempt
12 12283010260000 Exempt
13 12283010270000 Exempt
Total all PINs $96,630
Upon the completion of anticipated redevelopment projects it is estimated that the equalized assessed
valuation of real property within the Project Area will be in excess of $30,500,000. This represents an
approximate 30,500% increase in the total equalized assessed valuation. This figure is based upon
estimates of value for the anticipated redevelopment projects described in the Redevelopment Project
Plan section of this report.
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Affirmative Action
The City of Lake Forest will require each private developer entering into an agreement with the City, in
connection with development in the Project Area, to utilize fair employment practices, including an
affirmative action program.
Payment in Lieu of Taxes
No payments in lieu of taxes are anticipated as part of the Redevelopment Plan and Program.
Provision for Amending the Redevelopment Plan and Program
The Redevelopment Plan and Program may be amended pursuant to provisions of the Act.
Findings of Need for Tax Increment Financing
On the basis of the Laurel Avenue TIF Eligibility Study and this Redevelopment Plan and Program, the
City of Lake Forest, Illinois, can adopt the following findings pursuant to Section 11‐74.4‐3(n) of the Act.
Project Area Not Subject to Growth
The Project Area on the whole has not been subject to appropriate growth and redevelopment through
investment by private enterprise, and would not reasonably be anticipated to be developed consistent
with City policies without adoption of this Redevelopment Plan. This finding is supported by the
following additional findings:
1. The City finds that the Project Area on a whole has not achieved the type and extent of growth
and redevelopment through investment by private enterprise as desired and planned by the
City, based on the physical condition and the lag in growth in property values as follows:
a. As described in the Eligibility Study the present condition, mix of land uses, and
configuration of parcels inhibits redevelopment potential, and negatively impacts
properties within and near the Project Area. In particular, the Eligibility Study identifies
the deterioration both of buildings and surface improvements due to a lack of adequate
maintenance of properties and excessive vacancies. This is a direct consequence of a
lack of investment in the Project Area which has resulted in large parcels remaining
either under‐utilized or vacant. While each individual property may not be
deteriorated, the Project Area as a whole is characterized by a reasonable extent and
meaningful distribution of this lack of investment.
b. The total Equalized Assessed Value (EAV) of the Project Area has declined in three (3) of
the past five (5) years and has also lagged that of the balance of the City in four (4) of
the last five (5) years. The Project Area has also not experienced appropriate growth in
the tax base or show evidence of significant private investment, which increases the
value of properties.
2. The City finds that the Project Area would not reasonably be anticipated to be developed
without adoption of this Redevelopment Plan. This conclusion is based, in part, on the physical
conditions of the existing property improvements, the presence of environmental contaminants,
and the presence of unconsolidated fill below grade, each of which require substantial
remediation.
Therefore, the City of Lake Forest finds that the Project Area is not subject to appropriate growth and
development, and is not reasonably anticipated to be developed without adoption of this
Redevelopment Plan.
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Conformance with the Comprehensive Plan of the City of Lake Forest
The Comprehensive Plan anticipates and supports the redevelopment of the study area, an area
identified in the Comprehensive Plan as “1.5 Area to the West of the Western Avenue‐Laurel Avenue
Intersection” The Plan describes current conditions of the area, including the following:
“The land use designation for this parcel as specified in the [pre‐existing] 1989 Comprehensive
Plan, including a mix of service, commercial and public‐private institutional uses. In 1995, the
three major users within the study area were, Blanchards, Knauz Motors and the Municipal
Services Building”. [Currently, in 2014, each of these three major users has vacated the
property.] …”The parcels mentioned above have been identified because they are likely to be
subject to redevelopment in the near future and because their location between six land use
classifications, including the Central Business District to the south and residential districts to the
north, east and southwest, forms a natural transitional zone.”
“Therefore, multifamily residential units, with a mix of retail and /or office uses limited to the
frontage on Western Avenue, should be designated for the parcels north and south of Laurel
Avenue. “
This redevelopment plan and program are consistent with and conform to the Comprehensive Plan of
the City of Lake Forest.
Date of Completion
The estimated year of completion of the redevelopment projects is the year 2037 (23 years from the
date of adoption of the original Laurel Avenue TIF District ordinance approving the Redevelopment Plan
and Program in 2015).
Certification Regarding Lack of Displacement
Only one existing residence will be displaced by this plan. The City hereby certifies that no displacement
of 10 or more residential units will result from the plan.
Financial Impact of Redevelopment
Without the adoption of the Redevelopment Plan and Program, development and redevelopment
projects within the Project Area are not reasonably expected to be undertaken by private enterprise. In
the absence of City‐sponsored redevelopment, there is a prospect that the factors qualifying this area as
a conservation and blighted area will continue to exist and may spread, and that the Project Area along
with adjacent properties will become less attractive for maintaining and improving existing buildings and
sites. Erosion of the assessed valuation of property in and outside of the Project Area has already
occurred, and could lead to further reductions of real estate tax revenue to all taxing districts.
Implementation of the Redevelopment Plan and Program is expected to have significant short and long‐
term positive financial impacts on the taxing districts affected by this Redevelopment Plan. In the short
term, the City’s effective use of tax increment financing can be expected to arrest the ongoing decline of
existing assessed values in the Project Area, thereby stabilizing the existing tax base for local taxing
agencies. In the long term, after the completion of all redevelopment improvements and activities, the
completion of redevelopment projects and the payment of all redevelopment project costs and
municipal obligations, the taxing districts will benefit from any enhanced tax base which results from the
increase in equalized assessed valuation by the Redevelopment Plan and Program.
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The following taxing districts cover the proposed Project Area:
County of Lake
City of Lake Forest
City of Lake Forest Library
Lake Forest School District #67
College of Lake County #532
Lake Forest High School District #115
North Shore Sanitary District
Lake County Forest Preserve District
Township of Shields
Impact on the County of Lake
Residential development is encouraged by this Redevelopment Plan, and some of the potential new
residents may take advantage of programs offered by the County. However, it is likely that many of
these residents already live in the County, and the increase in demand for services from or financial
impact upon the County will be marginal. Therefore, no redevelopment projects or direct mitigations
are set forth in the Redevelopment Plan.
Impact on the City of Lake Forest
As a result of new development in the Project Area, the City of Lake Forest may experience increased
demand for services such as administrative, police, library and fire protection. When compared to the
population of the City, this represent a small marginal increase in residents and new development such
that the demand should not be so substantial on its own to warrant the hiring of additional employees
or capital expenditures. Therefore, no redevelopment projects or direct mitigations are set forth in the
Redevelopment Plan.
Impact on the City of Lake Forest Library
The increased demands for services provided by the City of Lake Forest Library system resulting from the
anticipated redevelopment should receive minimal impacts, as the potential population increase would
only account for a small percentage of the total population of the District. Therefore, no redevelopment
projects or direct mitigations are set forth in the Redevelopment Plan. To address the potential impact
to the Library, the TIF Act under subsection (q) “Redevelopment Project Costs”, subsection (7.7) requires
that if a redevelopment project results in increased number of patrons the increased costs to the Library
shall be paid, from the TIF fund, the increase cost in accordance with the method described in the Act.
Impact on School District #67 and #115
New residential development is recommended in this Redevelopment Plan, consistent with earlier City
plans for the downtown area. Due to anticipated types of multiple family units, dwelling unit sizes, the
anticipated school‐age population, the impact on School District #67 and #115 is estimated to represent
only a small or marginal increase in student population of the District as a whole. School District #67
may see an additional 23 students and School District 115 may see an additional 9 students resulting
from the development. To address the potential impact on SD #67 and #115, the TIF Act under
subsection (q) “Redevelopment Project Costs”, subsection (7.5) requires that if a redevelopment project
results in increased attendance from a project that has received TIF assistance, SD #67 and #115 shall be
paid, from the TIF fund, the increase cost in accordance with the method described in the Act.
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Therefore, no additional redevelopment projects or direct mitigations are set forth in the
Redevelopment Plan.
Impact on College of Lake County #532
Residential development is encouraged by this Redevelopment Plan, and some of the potential new
residents may take advantage of programs offered by the County. However, it is likely that many of
these residents already live in the County, and the increase in demand for services from or financial
impact upon the County will be marginal. Therefore, no redevelopment projects or direct mitigations
are set forth in the Redevelopment Plan.
North Shore Sanitary District
The North Shore Sanitary District is responsible for providing sanitary sewer service for the City of Lake
Forest Project Area. The District’s mandate is to provide sewer collection, conveyance, and treatment of
sanitary waste. As the Redevelopment Project Area is largely developed, any increase in sewer services
will be minimal, and programs offered by the District will not experience increased demand for services.
Therefore, there will be no direct impact from new development on the North Shore Sanitary District,
and no direct mitigations are set forth in the Redevelopment Plan.
Impact on Lake County Forest Preserve District
Residential redevelopment is encouraged in the Project Area. Some of the residents of these new
dwellings may seek recreational opportunities in Forest Preserve Facilities. The impact on the Forest
Preserve will be incidental as it is likely that most of these residents already reside in the jurisdiction of
the Forest Preserve; this increase in population represents only a small percentage of the total
population served. Therefore, no redevelopment projects or direct mitigations are set forth in the
Redevelopment Plan.
Impact on the Township of Shields
Shields Township provides services such as mosquito abatement, and limited social services. New
residential development as recommended in the Redevelopment Project Area represents only a small
portion of the population serviced by Shields Township, thus the expansion of township services is not
anticipated to be required to serve new residents. Therefore, there will be no direct impact from new
development on the Downers Grove Township, and no direct mitigations are set forth in the
Redevelopment Plan.
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Appendix A – Eligibility Findings
175
Laurel Avenue TIF
TAX INCREMENT FINANCING
ELIGIBILITY FINDINGS
City of Lake Forest, Illinois
UPDATE
October 31, 2014
Prepared by Teska Associates, Inc.
176
TABLE OF CONTENTS
Introduction .................................................................................................................................. 1
Tax Increment Financing ............................................................................................................... 2
Description of the Project Area ..................................................................................................... 3
Existing Conditions ........................................................................................................................ 3
Eligibility Findings .......................................................................................................................... 4
Age of Structures ................................................................................................................ 4
Dilapidation ....................................................................................................................... 5
Obsolescence ..................................................................................................................... 5
Deterioration ...................................................................................................................... 6
Presence of Structures Below Minimum Code Standards ..................................................... 7
Illegal Use of Individual Structures ...................................................................................... 7
Excessive Vacancies ........................................................................................................... 8
Lack of Ventilation, Light, or Sanitary Facilities ................................................................... 8
Inadequate Utilities ............................................................................................................ 9
Excessive Land Coverage and Overcrowding of Structures .................................................. 9
Deleterious Land Use or Layout ........................................................................................ 10
Lack of Community Planning ............................................................................................ 10
Environmental Remediation Cost Impeding Development ................................................ 10
Decline or Minimal Marginal Increase in the Equalized Assessed Value ............................ 12
Conclusion ................................................................................................................................... 13
FIGURES (TO BE PROVIDED)
1. Project Area Boundary Map ........................................................................................ 14
2. TIF Eligibility Criteria .................................................................................................. 15
3. Existing Land Use ....................................................................................................... 16
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INTRODUCTION
The proposed Project Area for the Laurel Avenue TIF is situated near the heart of the community,
located a block north of Lake Forest’s core downtown area. From a municipal government perspective,
the Project Area was once considered the center as it formerly housed multiple municipal services and
public works facilities. In addition, the Project Area was once a significant commercial activity node,
serving as a coal and wood yard in the early 20th century and then an auto dealership in the latter part of
the century.
With most of those municipal services and facilities shifted to a new facility on the western part of the
city and commercial activity lying dormant for now, the proposed Laurel Avenue TIF is intended to spur
reinvestment into the area to encourage redevelopment that will provide new uses and activities that
will reinvigorate this section of Lake Forest and allow the community to reclaim this important corner.
Tax Increment Financing can be used to make the Laurel Avenue area attractive for redevelopment by
eliminating the conditions which inhibit private investment, weaken the City’s tax base, affect the safety
of community residents, and hinder the City’s ability to promote a cohesive development of compatible
land uses. Establishing the Laurel Avenue TIF District can help the City meet its community
development goals by facilitating physical improvements, removing blighted conditions, and providing
funding sources for improvement projects, both physical (redevelopment, for example) and social (job
training, for example). These improvements will not only help improve the physical conditions and
economic development of the Laurel Avenue area, but also enhance the quality-of-life in adjacent
neighborhoods and Lake Forest overall.
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TAX INCREMENT FINANCING
The Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11 - 74.4 - 1, et seq., as amended (the
“Act”), stipulates specific procedures which must be adhered to in determining the eligibility of a Project
Area. A Redevelopment Project Area is defined as:
“..an area designated by the municipality, which is not less in the aggregate than 1 ½ acres and
in respect to which the municipality has made a finding that there exist conditions which cause
the area to be classified as an industrial park conservation area, or a blighted area or a
conservation area, or a combination of both blighted areas and conservation areas” (65 ILCS
5/11-74.4-3(p)).
Section 5/11-74.4-3(a) defines a “conservation area” as:
“...any improved area within the boundaries of a Redevelopment Project Area located within
the territorial limits of the municipality in which 50% or more of the structures in the area have
an age of 35 years or more. Such an area is not yet a blighted area, but because of a
combination of three or more of the following factors is detrimental to the public safety, health,
morals, or welfare and such an area may become a blighted area: dilapidation; obsolescence;
deterioration; presence of structures below minimum code standards; illegal use of individual
structures; excessive vacancies; lack of ventilation, light, or sanitary facilities; inadequate
utilities; excessive land coverage and overcrowding of structures and community facilities;
deleterious land use or layout; lack of community planning; need for environmental
remediation; or declining total equalized assessed value.”
Determination of eligibility of the Laurel
Avenue TIF Redevelopment Project Area for tax
increment financing is based on a comparison
of data gathered through field observations by
Teska Associates, Inc. (Teska), document and
archival research, and information provided by
the City of Lake Forest against the eligibility
criteria set forth in the Act.
This report summarizes the analyses and
findings of the consultant’s work, which is the
responsibility of Teska. Teska has prepared this
report with the understanding that the City would rely on: (1) the findings and conclusions of this report
in proceeding with the designation of the Study Area as a Redevelopment Project Area under the Act;
and (2) the fact that Teska has obtained the necessary information to conclude that the Study Area can
be designated as a Redevelopment Project Area in compliance with the Act.
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The Laurel Avenue TIF Redevelopment Project Area (the Project Area) is eligible for designation as both
a conservation area and a blighted area based on the predominance and extent of parcels exhibiting the
following characteristics:
1. Age of structure
2. Obsolescence
3. Deterioration
4. Excessive vacancies
5. Lack of community planning
6. Environmental remediation
7. Minimal marginal increase in the equalized assessed value (EAV)
Each of these factors contributes significantly towards the decline of the Project Area as a whole. Per the
Act, at least three of the fourteen total eligibility criteria must be fulfilled for designation as a
conservation area. At least five of the fourteen total eligibility criteria must be fulfilled for designation as
a blighted area. In both cases, age of structure is a prerequisite. Based on the analysis of eligibility
criteria as set in the Act, the Project Area qualifies as a blighted area for the purpose of establishing a
TIF district.
DESCRIPTION OF THE PROJECT AREA
The Project Area is located north of the downtown area at the northwest corner of Laurel Avenue and
Western Avenue. In particular, the Project Area has the following general boundaries: Laurel Avenue
on the south, Western Avenue on the east, Franklin Place on the north, and the western property line of
the former municipal services buildings on the west. In addition to the former municipal services
buildings, the Project Area was the former home to an auto dealership and a series of residential
structures (of which only one of the six still remains). Covering approximately 10.6 acres, the Project
Area contains 7 structures (primary and accessory) on 13 parcels which cover a single block. The 7
structures are located on only 4 of the 13 parcels. Map 1 illustrates the boundaries of the Project Area.
EXISTING CONDITIONS
Overall, the present conditions of land and
structures within the Project Area inhibit
redevelopment potential. The Project Area was
primarily built out in the early 20th century,
with a 1929 Sanborn map indicating a rail spur
serving a coal and wood yard. Over time, the
municipal services buildings were built,
occupied, and then vacated. In addition, an
auto dealership was another major occupant of
the Project Area until it vacated around the turn
of the 21st century. With such a long history of
use of varying types and intensities, the Project
Area exhibits prominent indications of blighting, including aging and deteriorated structures,
deteriorated surface improvements, vacant and obsolete structures, vacant lots, and potential need for
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environmental remediation. These declining conditions and excessive vacancies have a blighting
influence on adjacent residential neighborhoods and the downtown area to the south. These conditions
have created an overall trend of decline, which further inhibits investment in a self-reinforcing cycle.
The next section elaborates further on the nature and extent of the specific conditions which contribute
to the decline of the area.
ELIGIBILITY FINDINGS
Teska Associates, Inc. conducted a field survey of every property in the Project Area. Based on an
inspection of the exteriors of structures and grounds, field notes and photographic images were taken to
record the condition for each parcel. This survey occurred on January 18 and 24, 2012, and the
findings cited in this report reflect the existing conditions on these dates. Field observations were
supplemented with information provided by City officials.
The designation of the Laurel Avenue Project Area as a conservation area requires that at least 50% of
the structures must be 35 years or more in age. Additionally, a combination of at least three of the
remaining thirteen blighting factors must be present to a meaningful extent and reasonably distributed
throughout the Project Area. The following is a summary of the findings for each of the factors
established by the TIF Act as qualifying an area as a Redevelopment Project Area.
Age of Structures
The characteristic of age presumes the
existence of problems or limiting conditions
resulting from normal and continuous use of
structures and exposure to the elements over a
period of many years. As a rule, older
structures typically exhibit more problems than
structures constructed in later years because of
longer periods of active usage (wear and tear)
and the impact of time, temperature and
moisture. Additionally, older structures tend
not to be well suited for modern-day uses
because of contemporary space and
development standards.
Based on historical records provided by the City of Lake Forest, all 7 structures (100%) in the Project
Area are more than 35 years old. Only 4 of the 13 total parcels contained one or more structures, with
the other 7 being vacant lots. Therefore, the age factor is present to a significant extent, meeting the
essential or base requirement for designation as a conservation area. Map 2 summarizes the TIF
eligibility findings, including age of structures.
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Dilapidation
Dilapidation refers to an advanced state of disrepair of structures or improvements or the neglect of
necessary repairs, causing the building or improvement to fall into a state of decay. At a minimum,
dilapidated structures should be those with critical defects in primary structural components (roof,
bearing walls, floor structure, and foundation), building systems (heating, ventilation, lighting, and
plumbing), and secondary structural components in such combination and extent that major repair is
required or, the defects are so serious and so extensive that the structures must be removed.
Currently, the municipal services office
building is the only structure (out of 7 total
structures) in the Project Area that displays this
extreme physical state. This structure is
characterized by severe deficiencies in
structural or mechanical systems, such that re-
use is possible only if the interior of the
structures were gutted. Since this factor is
concentrated to only one structure in the
Project Area rather than distributed throughout,
dilapidation does not contribute to the
designation of the Project Area. However, it is
important to note that the municipal services office building is the largest structure in the Project
Area, is located adjacent to existing residential parcels to the west, and has prime visibility along
Laurel Avenue – all factors that amplify the significance of the dilapidation of this single structure,
even though dilapidation as a whole is not a contributing factor towards TIF eligibility. Map 2
summarizes the TIF eligibility findings, including dilapidation.
Obsolescence
Structures are typically built for certain uses or
purposes with design, location, height and
space arrangement each intended for a specific
occupancy at a given time. Structures are
obsolete when they contain characteristics or
deficiencies that limit the re-use and
marketability of such structures for their original
intended purpose. These characteristics may
include an inherent deficiency existing from
poor or out-dated design or layout, improper
orientation of building on site, inability to
accommodate contemporary amenities or
facilities, etc., which detract from the overall usefulness or desirability of a property. Obsolescence in
such structures is typically difficult and expensive to correct.
Within the Project Area, two parcels were observed to have structures that can be classified as
functionally obsolete, which equates to 2 of 13 total parcels (15%) and 2 of 4 parcels that include at
least one structure (50%). One of the two parcels includes three structures, and all four structures on
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both parcels relate to the old municipal services site. These structures were generally found to no
longer have the capacity to function effectively for their original intended use (or potentially lose that
capacity if the existing use were to vacate the structure). It is significant that half of the parcels that
include at least one structure that is functionally obsolete. Obsolescence is difficult to correct and it
can exacerbate blighted conditions of a block or neighborhood, especially if an obsolete structure sits
vacant due to the inability to find a new user that fits the design, location, or dimensions of the
structure. As such, the existence of this factor indicates that obsolescence makes a contribution
towards the Project Area being designated as a conservation area. Map 2 summarizes the TIF
eligibility findings, including obsolescence.
Deterioration
Deterioration refers to physical deficiencies or disrepair in structures or site improvements requiring
treatment or repair.
Deterioration of Structures
Structures in a state of deterioration exhibit defects which are not easily correctable in the course of
normal maintenance. Such structures may be classified as deteriorating or in an advanced stage of
deterioration, depending upon the degree or extent of defects. This would include structures with major
defects in the secondary building components (e.g., doors, windows, porches, gutters and downspouts,
fascia materials, etc.), and major defects in primary building components (e.g., foundations, frames,
roofs, etc.), respectively.
Deterioration of structures occurs on all four parcels (100%) that contain structures, with the other seven
parcels being vacant lots. The age of the structures are an influential factor in the deterioration of many
structures, as the effects of time have not been arrested by private investment in maintenance. The lack
of property maintenance has also contributed to unabated deterioration of certain structures.
Deterioration of Surface Improvements
The conditions of roadways, alleys, curbs, gutters, sidewalks, off-street parking and surface storage areas
may also evidence deterioration through surface cracking, crumbling, potholes, depressions, loose
paving materials, and weeds protruding through the surface. Deteriorated surface improvements are
apparent on all 13 parcels (100%) of the Project Area. With pavement covering a great majority of the
Project Area, broken and cracked pavement is the most frequent occurrence.
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Map 2 summarizes the TIF eligibility findings, including deterioration of structures and surface
improvements. As illustrated in this figure, the widespread extent and distribution of deterioration of
both structures and surface improvements creates a significant blighting effect upon the entire Project
Area. Deterioration is therefore a major contributing factor towards designation of the Project Area
as a conservation area.
Presence of Structures Below Minimum Code Standards
Structures below minimum code standards include all structures which do not meet the standards of
zoning, subdivision, building, housing, property maintenance, fire, or other governmental codes
applicable to the property. The principal purposes of such codes are to require structures to be
constructed in such a way as to sustain safety of loads expected from this type of occupancy, to be safe
for occupancy against fire and similar hazards, and/or establish minimum standards essential for safe
and sanitary habitation. Structures below minimum code are characterized by defects or deficiencies
which presume to threaten health and safety.
According to information provided by the City of Lake Forest, the extent and distribution of structures
below minimum code standards do not make a major contribution to the designation of the Project
Area as a conservation area.
Illegal Use of Individual Structures
This factor applies to the use of structures in violation of applicable national, state, or local laws, and not
to legal, nonconforming uses. Examples of illegal uses may include, but not be limited to the following:
Illegal home occupations;
Conduct of any illegal vice activities such as gambling, drug manufacture or dealing,
prostitution, sale and/or consumption of alcohol by minors;
Uses not in conformance with local zoning codes and not previously grandfathered in as legal
nonconforming uses;
Uses in violation of national, state or local environmental and occupational safety and health
regulations;
Uses involving manufacture, sale, storage or use of dangerous explosives and firearms.
According to information provided by the City, the illegal use factor does not significantly contribute
to the designation of the Project Area as a conservation area.
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Excessive Vacancies
Establishing the presence of this factor requires the identification, documentation, and mapping of the
presence of vacant structures and vacant portions of structures. Excessive vacancy refers to the presence
of structures which are unoccupied or underutilized and which represent an adverse influence on the
area because of the frequency, extent, or duration of such vacancies. It includes properties which
evidence no apparent effort directed toward their occupancy or utilization and vacancies within
structures.
Within the Project Area, three of 13 parcels (23%) include structures that are presently vacant or
partially vacant. The presence of vacant structures is intensified by the fact that only four of the 13 total
parcels have at least on structure, meaning 75% (3 out of 4) of parcels with structures exhibit vacancies.
Deterioration, code violations, and the age of structures are often associated with vacant structures.
Continued vacancies are often related to the expense and difficulty of renovations that would be
required in order to occupy these structures
again. Obsolescence also contributes to
structures remaining vacant.
In addition to the presence of vacant structures
and vacant portions of structures, nine of 13
parcels (69%) within the Project Area have
parcels that are categorized as vacant lots.
The presence of vacant structures indicates
their contribution towards the Project Area
being designated as a conservation area.
Although the presence of vacant lots does not
contribute to TIF eligibility, the conditions of the vacant lots help qualify the Project Area as a
conservation area, as all of the vacant lots exhibit site deterioration. Map 2 summarizes the TIF
eligibility findings, including vacancies.
Lack of Ventilation, Light, or Sanitary Facilities
Many older structures fail to provide adequate ventilation, light or sanitary facilities as required by local
building or housing codes. This is also a characteristic often found in illegal or improper building
conversions. The criterion used for determining the presence of this factor can be found in local codes
and ordinances, or in locally adopted national codes such as the Uniform Building Code, International
Code Council, and the Model Housing Code of the American Public Health Association (APHA). Lack
of ventilation, light, or sanitary facilities is presumed to adversely affect the health of building occupants,
e.g., residents, employees, or visitors.
Typical requirements for ventilation, light, and sanitary facilities include:
Adequate mechanical ventilation for air circulation in spaces/rooms without windows, i.e.,
bathrooms, and dust, odor or smoke-producing activity areas;
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Adequate natural light and ventilation by means of skylights or windows for interior
rooms/spaces, and proper window sizes and amounts by room area to window area ratios;
Adequate sanitary facilities, i.e., garbage storage/enclosure, bathroom facilities, hot water, and
kitchens; and
Adequate ingress and egress to and from all rooms and units.
According to information provided by the City, this factor does not significantly contribute to blighting
conditions within the Project Area as a whole.
Inadequate Utilities
This factor relates to all underground and overhead utilities, including, but not limited to, storm sewers
and storm drainage, sanitary sewers, water lines, and gas, telephone, and electric service which may be
shown to be inadequate. Inadequate utilities would include those which are: (1) of insufficient capacity
to serve the uses in the redevelopment project and surrounding areas, (2) deteriorated, antiquated,
obsolete, or are in disrepair or are lacking.
According to information provided by the City, inadequate utilities do not contribute as a significant
factor in the designation of the Project Area as a conservation area.
Excessive Land Coverage and Overcrowding of Structures and Community Facilities
This factor may be documented by showing all instances where building coverage is excessive. Zoning
ordinances commonly contain standards for residential, commercial, and industrial properties which
relate floor area to lot area. In residential districts a lower ratio is usually required. Excessive land
coverage and overcrowding refers to the over-intensive use of property and the crowding of structures
and accessory facilities onto a site. Problem conditions include structures either improperly situated on
the parcel or located on parcels of inadequate size and shape in relation to present-day standards of
development for health and safety, and multiple structures on a single parcel.
The resulting inadequate conditions include such factors as insufficient provision for light and air,
increased threat of spread of fires due to close proximity to nearby structures, lack of adequate or proper
access to a public right-of-way, lack of required off-street parking, and inadequate provision for loading
and service. Excessive land coverage and overcrowding conditions are presumed to have an adverse or
blighting effect on nearby development. This characteristic is viewed relative to its urban context,
common practice, and contemporary development standards.
Excessive land coverage and overcrowding of structures is exhibited on the far western parcel, which is
presently comprised of three large buildings that were part of the old municipal services site. Since this
is only one parcel out of 13 total parcels, excessive land coverage and overcrowding of structures do
not make a significant contribution towards the Project Area being designated as a conservation area.
However, it is important to note that the municipal services parcel is the largest in the Project Area, is
located adjacent to existing residential parcels to the west, and has prime visibility along Laurel
Avenue – all factors that reinforce the significance of the crowding of structures on this single parcel,
even though it is not a contributing factor towards TIF eligibility.
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Deleterious Land Use or Layout
Deleterious land uses include all instances of incompatible land-use relationships, structures occupied
by inappropriate mixed-uses, or uses which may be considered noxious, offensive or environmentally
unsuitable. From a basic land use perspective, the former and existing municipal land uses in the
Project Area were/are not deleterious or incompatible with adjacent residential uses. However, the
location of maintenance garages and ingress/egress of municipal vehicles and trucks are uses and
activities that are more intensive than typically desired next to residential properties. Despite some
potential incompatibility with intensive activities, deleterious land use or layout does not make a
significant contribution to the classification of the entire Project Area as a conservation area.
Lack of Community Planning
Lack of community planning may be a significant factor if the proposed Project Area developed prior to
or without the benefit or guidance of a community plan. This means that no community plan existed or
it was considered inadequate, and/or was virtually ignored during the time of the area's development.
This, of course, may be documented by establishing the date of adoption of the City's master plan (or
other plans which may be relevant) and determining whether the area developed before or after that
date. This finding may be amplified by other evidence which shows the deleterious results of the lack of
community planning, including cross-referencing other factors cited in the blight finding. This may
include, but is not limited to, adverse or incompatible land-use relationships, inadequate street layout,
improper subdivision, and parcels of inadequate size or shape to meet contemporary development
standards.
The Project Area developed throughout the 20th century and as early as the 1920’s according to Sanborn
maps, which was prior to any formal community planning being done in Lake Forest. As a result, lack
of community planning is a contributing factor to the conservation area designation of the Project
Area.
Environmental Remediation Cost Impeding Development
This factor may be documented by determining if any requirements by the Illinois Environmental
Protection Agency (IEPA), the United States Environmental Protection Agency (EPA), or any study
conducted by a recognized independent expert consultant has resulted in the need to incur remediation
costs for a site that have resulted in impeding further site redevelopment. Such remediation costs may
be related to the need for the clean-up of hazardous waste, hazardous substances, or underground
storage tanks as required by State or Federal law.
Based on a Phase 1 Environmental Site Assessment (ESA) produced in 2008 for the municipal services
site, the site was revealed to have the following recognized environmental conditions (REC’s):
underground storage tanks, above-ground storage tanks, and vehicle repair facility. In all cases, the ESA
advised further investigation to determine if the REC’s may have created issues relating to subsurface
and groundwater contamination and/or petroleum product spillage and dumping.
A Comprehensive Asbestos Survey was also conducted in 2008 for the municipal services site and
indicated the presence of asbestos content or asbestos-containing materials.
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There is also potential that the parcels that were formerly occupied by the auto dealership may exhibit
the need for environmental remediation, particularly if any gasoline storage tanks were housed on-site
for fuel pumping; however, this is inconclusive without additional information. Furthermore, there are
insufficient records availble to determine if environmental remediation is required, or if costs associated
with a remediation project would impede the redevelopment of a site.
According to information provided by the City, environmental remediation is a contributing factor to
the status of the Project Area as a conservation area.
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Decline or Minimal Marginal Increase in the Equalized Assessed Value
This factor can be cited if, according to State statute, “the total equalized assessed value of the proposed
redevelopment project area has declined for three (3) of the last five (5) calendar years for which
information is available; or is increasing at an annual rate that is less than the balance of the
municipality for three (3) of the last (5) calendar years for which information is available; or is increasing
at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the
United States Department of Labor or successor agency for three (3) of the last five (5) calendar years for
which information is available.”
Overall, the EAV of the Project Area declined in all five (5) of the past five (5) years. Also, the annual
rate in change in EAV of the Project Area was less than the City for four (4) of the past five (5) years.
Thus, decline in equalized assessed value is a contributing factor towards designation as a
conservation area.
Table 1: City of Lake Forest EAV Data: Years 2008-2013
Year 2008 2009 2010 2011 2012 2013
Total EAV of
the Project
Area
$151,616 $148,644 $138,823 $109,703 $102,125 $96,630
% Change in
Project Area
EAV from
Prior Year
2.76% -1.96% -6.61% -20.98% -6.91% -5.38%
EAV of the
City of Lake
Forest
(excluding
the Project
Area)
$2,867,080,793 $2,958,526,843 $2,890,555,685 $2,717,437,394 $2,564,977,898 $2,377,950,509
% Change in
City EAV
from Prior
Year
5.99% 3.19% -2.30% -5.99% -5.61% -7.29%
Growth in
Project Area
less than the
City?
YES YES YES YES YES NO
Source: City of Lake Forest; Shields Township Assessor; Lake County Assessment Office.
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Laurel Avenue TIF Eligibility Findings | Prepared by Teska Associates, Inc. | October 31, 2014 13
CONCLUSION
Based on the findings contained herein, the Project Area as a whole qualifies as a blighted area
according to the criteria established by the Act, based on the predominance and extent of parcels
exhibiting the following characteristics:
1. Age of structure
2. Obsolescence
3. Deterioration
4. Excessive vacancies
5. Lack of community planning
6. Environmental remediation
7. Minimal marginal increase in the equalized assessed value (EAV)
Each of these factors contributes significantly to the eligibility of the Project Area as a conservation area.
In addition, all 13 parcels (100%) in the Project Area exhibit at least one defect as defined by the criteria
established in the Act. Further, these factors act in combination with one another, reinforcing the
negative effects of the other factors. For example, a property owner may be less likely to invest in
maintenance for an obsolete building, which may lead to deterioration, which further inhibits
investment. In turn, investment in neighboring properties is inhibited in this environment of decay.
Therefore, while not every parcel or block exhibits every factor, the combination of the factors
throughout the Project Area has a significant impact. Due to the negative effect on the public safety and
welfare caused by some of these factors, the Project Area is eligible as a conservation area with the
intent to follow up with public intervention in order that redevelopment might occur.
The conservation designation, coupled with the increased investment that will be encouraged by TIF,
will ensure that the prime location of the Project Area near Downtown Lake Forest and surrounded by
established residential neighborhoods can be redeveloped in a manner that provides strengthened value
to the community.
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THE CITY OF LAKE FOREST
ORDINANCE NO. 2015-__
AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
Adopted by the
Mayor and City Council
of
The City of Lake Forest
this __th day of January, 2015
Published in pamphlet form by direction
and authority of The City of Lake Forest,
Lake County, Illinois
this __th day of January, 2015
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ORDINANCE NO. 2015-_
AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION
FINANCING FOR THE LAUREL AND WESTERN AVENUES REDEVELOPMENT
PROJECT AREA
WHEREAS, The City of Lake Forest (the “City”) desires to adopt tax increment
allocation financing (“TIF Financing”) pursuant to the Tax Increment Allocation Redevelopment
Act, 65 ILCS 5/11-74.4-1 et seq. (the “Act”) with respect to the Laurel and Western Avenue
Redevelopment Project Area, legally described in Exhibit A and depicted in Exhibit B, attached
hereto and, by this reference, incorporated herein (the “Redevelopment Project Area”); and
WHEREAS, on January __, 2015, the City Council adopted: (i) Ordinance 2015-___
approving a Redevelopment Plan and Project and Eligibility Report for the Redevelopment
Project Area; and (ii) Ordinance 2015-___ designating the Redevelopment Project Area as a
redevelopment project area under the Act; and
WHEREAS, all findings and certifications set forth in Ordinances 2015-___ and 2015-
____ and in the Redevelopment Plan and Project are hereby adopted as the findings and
certifications of the Mayor and City Council as if fully set forth in this Ordinance, and the City
has complied with all conditions required by the Act for the adoption of TIF Financing for the
Redevelopment Project Area; and
WHEREAS, the Mayor and City Council have determined it is now necessary and
desirable to adopt TIF Financing for the Redevelopment Project Area pursuant to the Act;
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 1. Recitals. The foregoing recitals are incorporated into this Ordinance as
findings of the Mayor and City Council.
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SECTION 2. Tax Increment Allocation Financing Approved. TIF Financing is
hereby approved and adopted for the Redevelopment Project Area. The ad valorem taxes arising
from the levies upon taxable real property in the Redevelopment Project Area by taxing districts,
and tax rates determined in the manner provided by Section 9 of the Act each year after the
effective date of this Ordinance until the expiration of the Redevelopment Plan and Project for the
Redevelopment Project Area, shall be divided as follows:
A. That portion of taxes levied upon each taxable lot, block, tract, or parcel of real
property which is attributable to the lesser of either the current equalized assessed value or the
initial equalized assessed value of such taxable lot, block, tract, or parcel of real property in the
Redevelopment Project Area shall be allocated to and when collected shall be paid to the
respective taxing districts in the manner required by law in the absence of the adoption of TIF
Financing.
B. That portion, if any, of such taxes which is attributable to the increase in the current
equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the
Redevelopment Project Area over and above the initial equalized assessed value of each such
property in the Redevelopment Project Area shall be allocated to and when collected shall be paid
to the City in such manner as shall be designated by the City Council. Said funds shall be
deposited in a special fund called the Special Tax Allocation Fund for the Laurel and Western
Avenues Redevelopment Project Area, and such taxes shall be used for the purposes of paying
redevelopment project costs and obligations pursuant to the Redevelopment Plan and Project for
the Redevelopment Project Area as provided in Section 3 of this Ordinance.
SECTION 3. Use of Funds. The City shall obtain and utilize the Special Tax Allocation
Fund solely for the payment of all reasonable or necessary costs incurred pursuant to, and any
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such costs incidental to, the Redevelopment Plan and Project for the Redevelopment Project
Area and all municipal obligations financing such costs in accordance with the provisions of the
Act and as otherwise allowed by Act and the Redevelopment Plan and Project.
SECTION 4. Repealer. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5. Filing of Ordinance. The City Clerk is hereby authorized and directed to
cause a certified copy of this Ordinance to be filed in the Office of the Lake County Clerk.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect
immediately upon its passage, approval, and publication in pamphlet form in the manner provided
by law.
PASSED by roll call vote this ___th day of January, 2015.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this ___th day of January, 2015.
______________________________
Donald P. Schoenheider, Mayor
ATTEST:
________________________________
Margaret Boyer, Deputy City Clerk
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EXHIBIT A
(Legal Description of the Redevelopment Project Area)
CITY OF LAKE FOREST, ILLINOIS
LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
Beginning at the point at southwest corner of Lot 7, Block 301, of the Western Addition to Lake
Forest Subdivision, in the Northwest ¼ of the Southwest ¼ of Section 28, Township 44 North,
Range 12 East, within the City of Lake Forest, Lake County, Illinois; thence north, running along
the western lot line of said Lot 7, approximately 674.3 feet, to the northwest corner of said Lot 7;
thence north, 66 feet, to the point of intersection of said western lot line of Lot 7 extended and the
northern line of the Franklin Place right-of-way; thence east, 596.6 feet along said northern line of
the Franklin Place right-of-way to the intersection of the West line of the Western Avenue right-
of-way and said the North line of the Franklin Place right-of-way; thence, east, approximately
67.79 feet, to the point of intersection of a line extending said North line of the Franklin Place
right-of-way and the East line of the Western Avenue right-of-way; thence southeast,
approximately 822 feet, along the East line of the Western Avenue right-of-way the point of
intersection of said East line of the Western Avenue right-of-way and the South line of the East
Laurel Avenue right-of-way extended; thence west, approximately 67.79 feet to the point at the
intersection of the West Line of the Western Avenue right-of-way and the South Line of the
Laurel Avenue right-of-way; thence west, approximately 784.08 feet, along the South line of the
East Laurel Avenue to the point of intersection with the west property line of Lot 6, Block 307 of
the Western Addition to Lake Forest Subdivision; thence northwest, approximately 67.5 feet
across the Laurel Avenue right-of-way to the point of beginning.
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EXHIBIT B
(Map showing the general street boundaries of the Redevelopment Project Area)
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STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
CERTIFICATE
I, Margaret Boyer, certify that I am the Deputy City Clerk of The City of Lake Forest,
Illinois.
I further certify that on ______________, 2015, the Corporate Authorities of The City of
Lake Forest passed and approved Ordinance No. 2015-___, entitled,
AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
A true and correct copy of Ordinance No. 2015 - ___ is attached.
Dated at Lake Forest, Illinois, this __th day of January, 2015.
__________________________
Margaret Boyer, Deputy City Clerk
197
STATE OF ILLINOIS )
) SS
COUNTY OF LAKE )
FILING CERTIFICATE RE: APPROVAL OF TAX INCREMENT FINANCING FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk
of Lake County, Illinois, and as such official I do further certify that on the ____ day of
____________ 2015 there was filed in my office a duly certified copy of an ordinance numbered
2015-___, entitled:
AN ORDINANCE ADOPTING TAX INCREMENT ALLOCATION FINANCING FOR
THE LAUREL AND WESTERN AVENUES REDEVELOPMENT PROJECT AREA
duly adopted by the City Council of the City of Lake Forest, Lake County, Illinois, on the ___th
day of January 2015, and that the same has been deposited in the official files and records of my
office.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said County,
this ____ day of ____________ 2015.
County Clerk of Lake County, Illinois
[SEAL]
198
199
1
THE CITY OF LAKE FOREST
2015-_____
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF LAKE
FOREST, ILLINOIS, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING
CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY
WHEREAS, the present general and permanent ordinances of The City of Lake Forest
(the “City”) are set forth in “The City Code of Lake Forest, 1971,” which code has been
amended from time-to-time (the “1971 Code”); and
WHEREAS, the City would benefit from a more modern and user friendly arrangement
and form of the 1971 Code; and
WHEREAS, in addition, the 1971 Code substantively has become outdated, as various
ordinances as adopted by the City Council have not been fully or correctly incorporated into the
1971 Code; and
WHEREAS, in order to better serve, promote, and preserve the public peace, health,
safety and general welfare of the City and advance the proper conduct of its affairs, the City
Council, pursuant to its home rule authority, has determined that it is desirable and appropriate
to revise, amend, restate, codify and compile any existing ordinances and all new ordinances
not heretofore adopted or published and to incorporate such ordinances into one ordinance in
book form; and
WHEREAS, the corporate authorities of the City have authorized a general compilation,
revision and codification of the ordinances of the Political Subdivision of a general and
permanent nature and publication of such ordinance in book form; and
WHEREAS, it is necessary to provide for the usual daily operation of the City and for the
preservation of the public peace, health, safety and general welfare of the City to update the
1971 Code with a new compilation of the City ordinances to be known as the “Code of
Ordinances of the City of Lake Forest, Illinois”;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY CPOUNCIL OF
THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows:
SECTION ONE: Recitals. The foregoing recitals are hereby incorporated into and
made a part of this Ordinance.
SECTION TWO: Adoption of New Code. The general ordinances of the City as
revised, amended, restated, codified, and compiled in book form are hereby adopted as and
shall constitute the “Code of Ordinances of the City of Lake Forest, Illinois,” which shall consist
of the following Titles, and may hereafter be referred to as the “Lake Forest City Code”:
200
2
City of Lake Forest, Illinois Code of Ordinances
City Charter
Title I: General Provisions
Title III: Administration
Title V: Public Works
Title VII: Traffic Code
Title IX: General Regulations
Title Xi: Business Regulations
Title XIII: General offenses
Title XV: land Use and Development
PARALLEL REFERENCES
TABLE OF SPECIAL ORDINANCES
SECTION THREE: Supersedence. The Code of Ordinances of the City of Lake
Forest, Illinois as approved in Section Two of this Ordinance shall supersede the 1971 Code,
and all prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be
deemed repealed from and after the effective date of this ordinance except as they are included
and re-ordained in whole or in part in such Code; provided, such repeal shall not affect any
offense committed or penalty incurred or any right established prior to the effective date of this
ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating
money, annexing or detaching territory, establishing franchises, or granting special rights to
certain persons, authorizing public improvements, authorizing the issuance of bonds or
borrowing of money, authorizing the purchase or sale of real or personal property, granting or
accepting easements, plat or dedication of land to public use, vacating or setting the boundaries
of streets or other public places; nor shall such repeal affect any other ordinance of a temporary
or special nature or pertaining to subjects not contained in or covered by the Code.
SECTION FOUR: Savings Clause. Notwithstanding Section Three of this Ordinance, to
the extent that the City finds or determines that the Code of Ordinances of the City of Lake
Forest, Illinois inadvertently omitted or erroneously incorporated the terms of specific ordinances
adopted by the City Council, the City Council may re-adopt any such ordinance inadvertently
omitted or erroneously incorporated, and upon such re-adoption the specific ordinance as
originally approved will relate back to its original adoption.
SECTION FIVE: Effective Date. The Code of Ordinances of the City of Lake Forest,
Illinois shall be in full force and effect upon the passage, approval, and publication in pamphlet
form of this Ordinance, after which time the City Clerk shall cause the Code of Ordinances of
the City of Lake Forest, Illinois in its entirety to be made available to the public through the City
website and other means.
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3
PASSED this _____ day of _______________, 2015.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this _____ day of _______________, 2015.
_____________________________
Mayor
ATTEST:
_________________________________
Deputy City Clerk
202