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CITY COUNCIL 6-4-01 agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA June 4, 2001 CALL TO ORDER AND ROLL CALL Honorable Howard J Kerr, Mayor Samuel J. Henry, Alderman First Ward Roger J. Mohr, Alderman Third Ward Robert T. E. Lansing, Alderman First Ward Timm Reynolds, Alderman Third Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward S. Michael Rummel, Alderman Second Ward Kimberly Moss, Alderman Fourth Ward REPORTS OF CITY OFFICERS 1. Comments by Mayor A. Resolution of Appreciation and State flag for Robert Reidel (presented by Susan Garrett) 2. Comments by City Manager 3. Comments by Council Members OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL CONSENT AGENDA 1. Approval of Minutes from the May 17, 2001 Meeting 2. Approval of Annual Prevailing Wage Resolution A copy of the proposed resolution that the City passes each year is attached on page . 3. Approval of Community Events in Market Square A resolution establishing a new special events policy in Lake Forest was approved by the City Council at its March 15, 2001 meeting. The new policy requires that groups desiring to hold community events in Market Square must first obtain City Council approval. A request has been received as noted below: Event Date Garden Railway Expo Saturday, September 15, 2001 The City incurs no expenses for this event, which is held annually. Recommended Action: Approval of the Consent Agenda items as presented ORDINANCES 1. Final Action on a Report and Recommendation from the Zoning Board of Appeals for an Amendment to the site plan of the existing Special Use Permit to Allow the Addition of a Blacktop Play Surface, a Playground and Relocation of the Dumpsters at Cherokee School. (Final Approval) PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the May 17, 2001 Council meeting, the City Council granted first reading of an ordinance amending the site plan for Cherokee School. The amendment authorizes a new black top play area and a playground on the west side of the school. The Council agreed that there is a need for additional playground facilities at the school. However, the Council also acknowledged the significant impacts that the expansion of Cherokee School has had on neighboring residents, particularly those on the west and south side of the school. The Council voiced concern about the delay in landscaping at the schools to mitigate the expansions that have occurred. District 67 has awarded a contract for landscaping at the three elementary schools and work is underway to complete the first phase of landscaping as approved by the Building Review Board. In granting first reading of the ordinance on May 17th, the City Council stated strong support for the conditions of approval as recommended by the Zoning Board of Appeals. The conditions of approval are on page ___ of the Council packet. The Council stated its expectation that drainage improvements, and the installation of fencing and landscaping, would all be completed prior to the installation of playground equipment or use of the area by students. The Ordinance is included in this packet beginning on page ____ of this packet. Recommended Action: Grant final approval of an Ordinance amending the site plan attached as Exhibit B to the Special Use Permit for Cherokee School subject to conditions of approval as detailed on Exhibit C of the Ordinance. 2. Final Action on a Recommendation from the Plan Commission to Approve a Comprehensive Plan Amendment for the Route 60 Subarea PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the May 17, 2001 City Council meeting, the Council heard a presentation from Plan Commission Chairman George Pandaleon on the Comprehensive Plan amendment for the Route 60 sub area. Chairman Pandaleon reviewed the process the Commission used in developing the recommendation and noted the various opportunities that were provided for public input into the study. He stated that the following three objectives for the Route 60 area guided the work of the Commission. Reduce the overall density of development and mitigate the impacts of additional development on existing infrastructure and public services. 2. Preserve open space and the natural features of the area. 3. Reserve land for future, yet to be identified, community needs. Based on a unanimous recommendation for approval from the Plan Commission, on May 17, 2001, the City Council approved first reading of the ordinance. The ordinance is now before the City Council for final approval. The ordinance is included in the packet beginning on page ____. The Comprehensive Plan amendment, map and technical report were distributed to the Mayor and City Council on May 4, 2001. Please bring those materials to the Council meeting. Recommended Action: Grant final approval of an ordinance approving an amendment to the Lake Forest Comprehensive Plan. 3. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Lot-in-Depth Setback to Allow Construction of an Addition to an Historic Coach House (Cheval/Boyaris/Krasnodebski Variance) (First Reading and Final Approval) PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) On May 21, 2001, the Zoning Board of Appeals held a public hearing to consider a request for a variance from the lot-in-depth setback requirements. This variance request is one of several variance requests that have been submitted to the City for this property in recent years. The coach house that will be preserved, updated and expanded if this variance is approved, was constructed in 1926 as a coach house and green house for the McLennan Estate, “Sturnoway” located on Lake Road. The coach house was later subdivided off from the Estate, but remains intact today and exemplifies the outbuildings that characterized Lake Forest. The coach house is not in conformance with today’s regulations, therefore, virtually any changes to the structure require a variance. Earlier this year, the Historic Preservation Commission heard a request from the owner to demolish the structure. Based on the criteria established in the Historic Preservation Ordinance, that request was not approved. Now, less than six months later, a new petitioner has stepped forward, the contract purchaser, with a plan that preserves the historic integrity of the property while at the same time, proposes to sensitively update and expand the coach house to make it a viable single family residence. The proposed addition is located in an area that has minimal visibility from off of the site. The design and materials proposed for the addition are consistent with the existing structure. The petitioners have also planned the addition in a manner that preserves the mature trees on the site. These trees provide a significant tree canopy which benefits many of the surrounding properties. Drainage issues on the site will also be addressed in conjunction with the construction of the addition. The Zoning Board of Appeals voted unanimously to commend the proposed project to the City Council and recommend approval of the variance subject to conditions of approval to ensure protection of mature trees and the planting of landscape screening. The ordinance, with the site plan and findings, is included in the packet beginning on page __. Recommended Action: Waive first reading and grant final approval of an ordinance for a variance allowing construction of an addition to the existing coach house within the lot-in-depth setback as reflected on the site plan. 4. Consideration of an Ordinance Amending Chapter 49 of the City Code Relating to Public Nuisances (First Reading and Final Approval) Presented by City Attorney Victor Filippini At the request of Aldermen Mohr and Reynolds, the City Attorney has drafted the attached ordinance beginning on page that would amend the City Code regarding the prevention, abatement and removal of nuisances within the community. The City Code is currently silent on the issue of “chronic” or reoccurring nuisances. The City is now required to give separate notice for each nuisance condition or activity and then wait 10 days to give the owners an opportunity to cure. If a cure is completed in a timely fashion, then the next violation is subject to the same notice and cure period. The proposed ordinance would add a new definition to the code on chronic nuisance properties and allow the City to expedite the required correction when certain violations recur on a particular premises. Recommended Action: Waive first reading and grant final approval of the ordinance amending Chapter 49 of the City Code relating to public nuisances. OLD BUSINESS 1. Consideration of an Ordinance Authorizing a Special Use Permit for the Ragdale Property Located at 1260 N. Green Bay Road (First Reading) Note: The proposed amendment to the Operating Agreement will require a favorable vote of ¾ of the City Council (seven members, inclusive of the Mayor). With the Mayor and two Aldermen absent for this meeting, and one Alderman having to recuse himself, there are insufficient votes to consider the matter. Therefore, staff is recommending that the City Council consider first reading of the Special Use Permit ordinance which only requires a voice vote. The City Council can also discuss the changes to the Operating Agreement made since the March 5 City Council meeting. Second reading of the Special Use Permit ordinance and consideration of the amended Operating Agreement can then be considered at the June 21 City Council meeting. Special Use Permit On March 25, 2001, the Zoning Board of Appeals held a public hearing to consider a request for approval of an updated Special Use Permit to consolidate and clarify the previous Special Use Permits that have been approved for Ragdale. This petition is unusual in that no change in use or new facilities are proposed as part of this request. Normally, amendments or updates to Special Use Permits are triggered when something new or different is proposed on the site. Instead, this petition was forwarded to the Zoning Board of Appeals in conjunction with the revisions that are being considered for the Operating Agreement between the City and Ragdale in an effort to update all pertinent documents at the same time. The Zoning Board voted unanimously to recommend approval of the updated Special Use Permit subject to a number of conditions as detailed on Exhibit 6 to the ordinance. The ordinance is included in the packet beginning on page . Operating Agreement In 1986, the City entered into an agreement with Alice Ryerson Hayes and the Ragdale Foundation that resulted in the City being granted ownership of the Ragdale property at 1230 and 1260 Green Bay Road. In accepting the gift of these properties, the City assumed maintenance responsibility for the grounds and buildings at Ragdale. Over the past several years, the City and the Ragdale Foundation have discussed the long-term maintenance responsibility for the Ragdale property. As a result of those discussions, a proposal has been made to replace the existing agreement with a Restated and Amended Agreement to address general matters plus a new Operating Agreement to address matters specific to the operation of the Ragdale property. These amendments would transfer total responsibility for maintenance of the property to the Ragdale Foundation. Currently, the City annually budgets for the maintenance in both the operating and capital improvements budgets. The proposed amendment would release the City from this maintenance responsibility and would authorize payment to the Ragdale Foundation of an agreed upon amount for a five-year period. The existing operating agreement extends to 2010 with an obligation for the City to maintain the property for cultural, educational and philanthropic purposes until 2035. The proposed amendment would immediately transfer long-term maintenance and operating responsibility to the Ragdale Foundation with the City retaining title to the property. The Foundation, in turn, would receive the right to use and operate the property for a 99-year period, which will assist the organization in its fund-raising endeavors. A significant component of the proposed amendment is the incorporation of a parcel of land adjacent to Green Bay Road (parking lot) that was deeded to the Ragdale Foundation by Alice Hayes into the City's land holdings. The amendment would also result in an updated special use permit for the Ragdale Foundation's use of the property, which will bind additional properties to the terms of the special use permit. The proposed agreement provides a number of benefits to the community including: 1) Eliminates responsibility for long-term maintenance. 2) Guarantees that the Foundation shall maintain the property in an appropriate manner, preserving a significant historical structure. 3) Expands the City's asset (land holdings) by incorporating the parking lot parcel into the entire site. 4) Provides certainty to the Foundation that will aid in fund-raising and insure long-term viability for the property's use, thereby maintaining a nationally renowned cultural resource within the community. The City Council considered this matter at the February 5, 2001 Finance Committee meeting and March 5, 2001 City Council meeting. At that time, questions were raised about the financial terms and any potential City obligation beyond the life of the Foundation. The Ragdale agreements have been modified to reflect that if the Foundation goes out of business, and funds are not available in the Chicago Community Trust Funds, the City will attempt to find another artistic or charitable organization as a tenant. If the City cannot find a suitable tenant then it is free and clear to sell, lease or dispose of the property. With respect to the City's final payment to the Foundation, Section 7 was modified to reflect present value of the payments after the initial payment. At this time, it is recommended that the City Council consider first reading of the ordinance granting the Special Use Permit. Second reading of the ordinance and consideration of the amendments to the current operating agreement for Ragdale will be placed on the June 21 City Council meeting agenda. Recommended Action: Grant first reading of an ordinance granting an updated Special Use Permit for Ragdale to recognize and authorize the existing uses and facilities on the site. NEW BUSINESS 1. Approval of Landscape Architect for Lake Forest Cemetery A landscape plan for Lake Forest Cemetery, drawn in 1901 by Ossian Cole Simonds, was recently discovered. Simonds is a recognized master of cemetery design and a proponent of the Prairie Style of landscape gardening. This association with Simonds is one of the reasons the Historic Preservation Commission and City Council recently designated the Cemetery a Local Historic Landmark. Simonds selected the trees and shrubs for the site and oversaw their planting. Unlike other cemetery sites that have been overtaken by urbanization, Lake Forest Cemetery still retains the character Simonds imparted to it. Based upon current tree calipers, many of the mature canopy trees in the Cemetery today appear to be from his planting in 1901 or shortly after. Unfortunately, most of the original shrubs and the 1901 plant list have not survived. Because of the inherent beauty and the historical significance of the 1901 plan, the Cemetery Commission would like to develop a landscape master plan for the Cemetery that incorporates the spirit of O. C. Simonds’ plan. With the assistance of the recently retired Cemetery Commission Chairman, staff reviewed the qualifications of five landscape architecture firms, each having extensive knowledge of the Prairie Style of landscape design and familiarity with the work of O. C. Simonds. Three of these firms were interviewed. At their April 18 meeting, the Cemetery Commission approved Conservation Design Forum (CDF) as the firm to develop a comprehensive landscape master plan for Lake Forest Cemetery. Conservation Design Forum was recommended by staff because of its inter-disciplinary approach that integrates hydrological and ravine stabilization strategies with the historical landscape plan. Staff was authorized to negotiate a fee with CDF. Staff has conducted those negotiations and arrived at a professional services fee of $29,500.00. There is $30,000.00 available in the Cemetery’s FY2002 Budget for this project. Recommended Action: Authorize the City Manager to enter into a professional services contract to Conservation Design Forum of Elmhurst, Illinois, in the amount of $29,500.00. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS During the month of May, the following amounts were disbursed from the Cashier’s Account: Gen. IMRF & Cap. Imp. Water Total Invoices 1,222,108.69 518,771.22 1,740,879.91 Payrolls 912,223.95 109,541.22 1,021,765.17 Totals 2,134,332.64 628,312.44 2,762,645.08 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF JUNE, 2001 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the June, 2001 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager June 1, 2001 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. June 4, 2001 7