CITY COUNCIL 6-21-01 agendaTHE CITY OF LAKE FOREST
COUNCIL AGENDA
June 21, 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
Comments by Mayor
a. Reappointments to Boards and Commissions
Mayor Kerr will announce appointments and reappointments to Boards and Commissions as follows:
2001 Board/Commission Appointment List
CROYA BOARD NAME OF MEMBER APPOINTMENT WARD Michael Hosking New Appointment Staff – N/A Jill Lauer New Appointment 2 Susan Mayhall New Appointment Lake Bluff Jonathan Lamberson New
Appointment 1
GORTON COMMUNITY CENTER COMMISSION NAME OF MEMBER APPOINTMENT WARD Arthur D. Chantler, Jr. New Appointment 2 Mark Saran New Appointment 4 Bruce Taubensee New Appointment 2 Ann Johnson Reappointment 3 Betsy
Farwell Reappointment 1 Michael Havey Reappointment 2
HISTORIC PRESERVATION COMMISSION NAME OF MEMBER APPOINTMENT WARD Linda Armour New Appointment 1
SENIOR RESOURCES COMMISSION NAME OF MEMBER APPOINTMENT WARD Carolyn Ashley New Appointment 1 Robert Jennings New Appointment Lake Bluff Susanna Bunta Reappointment 2 Claudia Lovelette Reappointment 4 Donald
Goostrey Reappointment Lake Bluff Debbie Chiles Reappointment Lake Bluff
Comments by City Manager
a. Requests to Waive Fees for Community Events
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 the City bill the special
event organizer for all expenses incurred by the City to provide services or equipment, such as police for traffic control, delivery and use of litter barrels, installation of special
fencing, etc.
The policy also allows for the City Manager to waive all or part of the fees from the event organizer, if it is determined that the impact on the community and the cost to the City will
be minimal. An event organizer may present a case of hardship to the City Council and explain the purpose of the event, its benefit to the community, the City equipment and resources
needed, and why they would not be able to organize their event if they did not receive special consideration from the City.
In reviewing a case of hardship, the City may consider, but not be limited to the following criteria:
The event is open to the public and is non-discriminatory.
The event promotes community spirit and benefits Lake Forest residents.
The location availability and impact on surrounding properties.
The level of economic cost to the City.
If and how the proceeds from the event may benefit the community.
Two requests to waive the fees have been received as noted below, and letters from the event organizers are attached beginning on page 1.
Event Date Estimated Cost of Services Shakespeare on the Green
(Barat College) July 13-15, 19-22 & 26-29 $2,450 (for traffic assistance by police, bleachers, litter barrels and picnic tables) Fall Festival of Art
(Deerpath Art League) September 2-3 $790 (for CSO assistance, police money escort, barricades, and litter barrels)
Staff has reviewed these requests and recommends the fees be waived for Shakespeare on the Green, as it is an event that is free to the public and does not produce revenue for Barat
College. Staff further recommends that the fees for the Fall Festival of Art not be waived, as the sale of art is a commercial activity that produces revenue for the individual artists.
Recommended Action: 1) Waive special event fees for Shakespeare on the Green; and 2) Deny request to waive fees for Fall Festival of Art.
b. Use of Chicken Coop at Elawa Farms
The Youth Conservation Corps (YCC) is interested in utilizing the "chicken coop" at Elawa Farm to store rakes, shovels, wood and other small items this summer for their restoration project
on the Middlefork Savanna. It is anticipated that the project will be completed by August 15, 2001.
City Staff is proposing usage of the chicken coop because it is a detached building on which a different and temporary lock can be installed until the completion of the project. The
Elawa Farm Steering Committee does not anticipate any problems with this arrangement and is seeking approval from the City Council. YCC Program Manager Noah Arvidson has been notified
that if there is a need to temporarily remove equipment from the chicken coop, that they must do so immediately. With the emergency stabilization of the Elawa Farm buildings being completed,
the next stage involves taking laser photos of each of the farm buildings. At some point this summer, the chicken coop will need to be vacated for at least three hours to complete this
project. The YCC will abide by this agreement.
Any questions on this item should be directed to Rob Carmichael, Program Manager of Wildlife Education and Outdoor Recreation, at 615-4388.
Recommended Action: Approve subject to proof that the City is an additional insured and other related insurance requirements.
Comments by Council Members
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL
CONSENT AGENDA
Approval of Minutes from the June 4, 2001 Meeting
The draft minutes are provided starting on page 5.
Resolution of Appreciation for Dr. David Spadafora
Dr. David Spadafora served as President of Lake Forest College since 1993 and has been a vital part of the Lake Forest community. The Resolution is provided on page 12.
Recommended Action: Approval of the Consent Agenda items as presented
ORDINANCES
Consideration of a Recommendation from the Plan Commission to Approve a Code Amendment to Allow Senior Cottages as a Special Use in All Residential Districts if Applicable Criteria are
Met. (First Reading and Final Approval)
PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
On May 9, 2001, the Plan Commission voted unanimously to recommend approval of a Zoning Code amendment to allow Senior Cottages to be considered by the Plan Commission and City Council
as a Special Use in residential districts. The amendment, as proposed, establishes criteria, in addition to the standard criteria for Special Uses, that must be satisfied before a Special
Use Permit may be issued to allow a Senior Cottage project. In summary, the criteria are intended to ensure that all Senior Cottage developments meet a demonstrated need in the community,
are located near senior “magnets” and are occupied both in the short term and long term by senior citizens. In addition, the criteria are intended to ensure that each Senior Cottage
project is compatible with the character of the surrounding neighborhood. The Ordinance amending the Zoning Code is included in this packet beginning on page 13.
Recommended Action: Waive first reading and grant final approval of an ordinance amending the Zoning Code to allow Senior Cottages as a Special Use in any Residential Zoning District
if applicable criteria are satisfied.
Consideration of a Recommendation from the Plan Commission to Approve a Special Use Permit to Allow the First Senior Cottage Development to be Constructed on the North Side of Conway
Road, at the North End of Telegraph Road. (First Reading and Final Approval)
PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
On May 9, 2001 the Plan Commission also voted unanimously to recommend approval of a Special Use Permit to authorize the development of the first Senior Cottage project. The first project
is the result of the efforts of many individuals over the past two years. This development consists of five residential units and is located on the north side of Conway Road, just west
of the railroad tracks. The Plan Commission applauded the project and recognized it as a first step in responding to the community’s need for affordable senior housing for Lake Forest
residents.
Originally, this project was proposed as a six-unit project. Based on input from both the Plan Commission and Building Review Board, the project was reduced to five units. This change
allowed the central courtyard to be opened up slightly to provide more open space and to improve emergency access to the units. In addition to Plan Commission support for the project,
the Building Review voted unanimously to approve the site plan and buildings subject to final refinement of the building plans and approval of an overall landscaping plan for the site
as part of the building permit process.
The Ordinance granting a Special Use Permit to allow construction of the first Senior Cottage project in the City of Lake Forest is included in this packet beginning on page 21. Also
provided as a separate attachment are the documents necessary to create the Charitable Housing Foundation that will manage the properties.
Recommended Action: Waive first reading and grant final approval of an ordinance granting a Special Use Permit to allow construction of five Senior Cottages on property located on
the north side of Conway Road, at the north end of Telegraph Road.
Consideration of a Recommendation from the Zoning Board of Appeals on a Special Use Permit to Recognize the Existing Water Treatment Plant and to Allow the Expansion of the Plant and
Construction of the Revetment Wall. (First Reading and Final Approval)
PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
On April 23, 2001, the Zoning Board of Appeals held a public hearing on a request for a Special Use Permit to recognize the existing Water Treatment Plant and to authorize the expansion
of the Plant and the construction of the revetment wall. As with many facilities in the City, the Water Treatment Plant long pre-dated the current requirement for a Special Use Permit.
So like the Cemetery, the schools and the public safety building, the proposed expansion of the Water Treatment Plant has triggered the need for a Special Use Permit.
A year ago, the Zoning Board of Appeals considered the original expansion plans for the Plant. At that time, the plan required a significant amount of fill in the Lake to allow a new
filter building and high lift pump station to be constructed generally to the northeast of the existing building. The Board and neighboring property owners raised concerns about the
visual impact the building would have on the surrounding properties. In response to the concerns raised, the Mayor’s Water Treatment Plant Oversight Committee directed staff to work
with the City’s consultants to consider other options. The Council recently stated support for using a membrane filtration system. That system has allowed the new building to be pulled
back from the Lake and in fact, locates the building up against the base of the bluff. This portion of the property has the least visibility from surrounding properties. Incorporated
into the Special Use Permit is a setback variance to allow construction of the building at the base of the bluff.
As with the original proposal, the construction of a revetment wall is proposed. However, due to the re-location of the building, the height and extent of the revetment wall has been
reduced. The wall is necessary to protect the existing plant facilities and would be needed even if no expansion of the plant were planned.
The Zoning Board of Appeals recognized the community-wide benefit of expanding the Water Treatment. The Board stated appreciation for the efforts made in the last year to explore alternatives
to the original plan and noted that the present plan responds directly to the concerns raised. The Board voted unanimously to recommend approval of the Special Use Permit subject to
conditions of approval that will ensure the stability of the bluff and appropriate landscape restoration on the bluff after completion of the project.
The conditions are attached as Exhibit C to the Ordinance granting the Special Use Permit included in this packet beginning on page 40.
Recommended Action: Waive first reading and grant final approval of a Special Use Permit to recognize the existing Water Treatment Plant and allow the expansion of the plant and construction
of the revetment wall.
Final Consideration of an Ordinance Amending Chapter 49 of the City Code Relating to Public Nuisances (Second Reading)
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 52 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 particular premises. On June 4, 2001, the City Council granted first reading of the ordinance.
Recommended Action: Grant final approval of the ordinance amending Chapter 49 of the City Code relating to public nuisances.
OLD BUSINESS
Approval of an amended Operating Agreement between The City of Lake Forest and Ragdale Foundation pertaining to the properties and uses located at 1260 N. Green Bay Road
PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI (312-578-6627)
Note: The amendment to the Ragdale Operating Agreement requires a favorable vote of ¾ of the City Council (seven members, inclusive of the Mayor). With the Mayor and two Aldermen absent
from the June 4th meeting there were insufficient votes to consider this matter at that time. Therefore, the City Council granted first reading of the Special Use Permit ordinance at
that meeting, and held over consideration of the Operating Agreement for action this evening.
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 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.
The City Council considered this matter at the February 5, 2001 Finance Committee meeting and at City Council meetings on March 5, 2001 and June 4, 2001. The revised Operating Agreement
is provided starting on page 57.
Recommended Action: Approval of an amended Operating Agreement between The City of Lake Forest and Ragdale Foundation pertaining to the properties and uses located at 1260 N. Green Bay
Road.
Final Consideration of an Ordinance Authorizing a Special Use Permit for the Ragdale Property Located at 1230 and 1260 N. Green Bay Road (Second Reading)
PRESENTED BY DEPUTY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
On June 4, 2001, the City Council granted first reading of an ordinance approving an updated Special Use Permit for Ragdale. The Zoning Board of Appeals unanimously approved the updated
Special Use Permit.
The updated Special Use Permit consolidates all of the previous Special Use Permits for Ragdale. Normally, amendments or updates to Special Use Permits are triggered when a new use or
an expansion of facilities is proposed on the site. In this case, no change in use or expansion is planned. Instead, this petition was forwarded to the Zoning Board of Appeals in conjunction
with the revisions to the Operating Agreement being considered by the City Council.
The ordinance granting the Special Use Permit is included as Exhibit I to the Operating Agreement starting on page 91 of this packet.
Recommended Action: Grant final approval of an ordinance granting an updated Special Use Permit for Ragdale to recognize and authorize the existing uses and facilities on the site.
Request to Ratify Contracts for the Construction of Water Plant Revetment
At the May 7th, 2001 City Council meeting, a contract was awarded to Dillingham Construction in the amount of $1,445,097 for the design, construction, and inspection of the armor stone
revetment at the water treatment plant. Approval was also granted to authorize the City Manager to expend up to $144,509 (10% of contract amount) on additional stone placement if unforeseen
conditions warrant (i.e. currents scouring the lake bottom).
During the presentation of this item, Alderman Cowhey questioned the role that Dillingham Construction would have during construction. Staff responded that Dillingham would not only
be responsible for overseeing both Gillen & Harza, but would potentially begin work on shoring the underground storage basins in preparation for construction of the membrane filter building.
Subsequently at the May 17th, 2001 City Council meeting, the City Manager noted that the IEPA approval process for membrane filtration could potentially take up to twelve months. Combining
the approval information received from the IEPA and the concerns noted by Alderman Cowhey, staff began discussing the idea of simply contracting directly with Gillen for the construction
of the revetment, and directly with Harza for the design, construction management, and inspection of the revetment. Subsequently at the May 23rd, 2001 Ad-Hoc Oversight Committee, Dillingham
Construction agreed that if the City did not intend on pursuing construction of the membrane facility this calendar year, any potential advantages of having Dillingham on site during
the revetment construction no longer existed.
By proceeding directly with both Gillen and Harza, the overall net savings to the City will be $21,439. This savings accounts for the $20,000 close-out costs included in Dillingham
Construction’s recently submitted invoice for services from January 19th-May 31st, 2001. Included in this packet starting on page 115 are both Gillen’s bid and Harza Engineering’s scope
of services.
Recommended Action: In lieu of the previously approved agreement with Dillingham Construction, staff is requesting that City Council ratify the revetment construction contract with
Gillen Company in the amount of $1,225,163 and the design, construction management, and inspection contract with Harza Engineering in the amount of $178,494.65. Staff also requests
that City Council re-affirm the authority of the City Manager to expend up to $144,509 in contingency for unforeseen conditions.
NEW BUSINESS
Report on Real Estate Advisory Services – Mayor Howard Kerr
A subcommittee of Alderman Burns and Mayor Kerr are reviewing three proposals and will report on their recommendation at Thursday night’s meeting.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
EXECUTIVE SESSION
ADJOURNMENT
Office of the City Manager
June 15, 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 21, 2001 Page 3