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CITY COUNCIL 2-21-02 council agenda wtimesTHE CITY OF LAKE FOREST COUNCIL AGENDA February 21, 2002 CALL TO ORDER AND ROLL CALL 7:30 PM 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 G. Moss, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. Comments by Mayor 7:30 PM A. Report on Broadacre Eminent Domain Lawsuit 2. Comments by City Manager 7:45 PM A. Presentation on C.E.L.L. 911 Program and Donation The Lake Forest Police Department recently kicked off a new Community Policing Program titled "Operation Senior Cellular Emergency Life Line" (Operation Senior C.E.L.L.). Many senior citizens in Lake Forest are unable to afford cellular telephone service and often need the use of a cellular telephone to report a police, fire or medical emergency. This program provides free cellular telephones to senior citizens that only are capable of 911 Emergency Service. Mr. Corky Peterson, a resident of Lake Forest, donated twenty (20) brand new cellular telephones, batteries, and car kits to help start the program. In appreciation of Mr. Peterson's generous donation and support of this beneficial program the police department is presenting a Commendation of Public Service to Mr. Corky Peterson. B. Resolution of Appreciation to Kevin Mullin for 28+ Years of Service A copy of the resolution is attached as page 9. Recommended Action: Adoption of the resolution. 3. Comments by Council Members A. Finance Committee Report 8:00 PM Consideration of a Recommendation from the Finance Committee Regarding a Motion to Approve Changes in Certain Fees and Charges for Fiscal Year 2003 (Final Approval) PRESENTED BY FINANCE COMMITTEE CHAIRMAN JERRY HENRY The approval of a motion is required to implement the increases in various fees and charges that were recommended in the “Annual User Charge Analysis”. Included in this detailed analysis, which is conducted annually on the several hundred user fees and charges utilized in the City, was a review of all fees and charges, permits, licenses, and fines and penalties. The annual review of these charges ensures that the fee charged is consistent with the actual costs incurred for delivering these services. The Finance Committee conducted a review of the “Annual User Charge Analysis” at its Finance Committee meetings on January 7th, February 4th, February 21st 2002, and recommends that the following increases be approved and are effective for the fiscal year beginning on May 1, 2002. Only those fees recommended for increase are noted below. A complete review of all fees charged by the City can be found in the “Annual User Charge Analysis” report, which is attached to the Finance Committee agenda. The proposed increases are summarized below: Fees and Charges: Current Proposed 1. Water Rates/100 Cubic Feet FY2002 FY2003 a. Resident User $2.45 $2.50 Non-Resident User $3.38 $3.45 2. Sewer Charge/100 Cubic Feet $0.30 $0.35 3. Water Main and Meter Fees a. 1” Main Tap $380 $390 b. 1½” Main Tap $760 $780 c. 2” Main Tap $975 $1,000 d. 2” + Main Tap $660 $680 e. ¾” Meter $300 $310 f. 1” Meter $360 $375 g. 1½” Meter $700 $730 h. 2” Meter $925 $975 4. General Fees and Charges a. Park Contributions $4,100/Lot $4,300/Lot b. Open Space Contributions $4,100/Lot $4,300/Lot 5. Building & Zoning Fees a. Plan Review Fees: 1. $2,000 - $10,000 Remodeling $25 $50 2. $10,001 - $40,000 Remodeling $50 $75 3. $40,001 - $100,000 Remodeling $100 $125 4. Over $100,001 Remodeling $175 $200 5. New Construction – Single Family Dwelling $150 $350 6. New Construction – Two Family Dwelling $100/Unit $200/Unit 7. New Construction – Com. & Multi (3+) $500 + $35/1000 sq. ft. $500+$45/1000 sq. ft. 8. Plan Re-Submitted Fee $100 $125 9. Alterations to Approved Plans N/A $100 b. Building Review Board Fees: 1. Revisions to Approved Plans $75 $100 c. Historic Preservation Commission Fees: 1. Revisions to Approved Plans N/A $100 d. Building Reinspections $75 $100 e. Building Permits Construction costs Construction cost: Repair and maintenance Repair and maintenance Under $1,000 - no fee under $5,000 – no fee Not Applicable $100,000 or less – 1.5% ($50.00 minimum) $200,000 or less – 1% of total $100,001 to $200,000 – 2% ($50.00 minimum) of total $200,001 to $500,000 - $200,001 to $500,000 – $2,000 plus .6% of total $2,000 plus 1% of total $500,001 or more - $500,001 or more - $2,000 plus .6% $2,000 plus 1% of total up to $500,000 of total up to $500,000 plus .2% of total over plus .5% of total over $500,000 $500,000. f. Electrical Permits $50 + $0.50/fixture $75+$0.50/fixture Recommended Action: Final Approval of the proposed increases in fees and charges for FY2003. (Staff Contact: Robert Shaffer, 615-4222) OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:15 PM CONSENT AGENDA 8:20 PM 1. Approval of the Minutes from the February 4, 2002 Regular Meeting The minutes are attached beginning on page 10. 2. Approval of a Special Event at Forest Park Beach The special event policy approved by the City Council last March defined special events based on their impact on the community. Class A events (those with a heavy impact) that are held in a City park must first be considered by the Park and Recreation Board. That Board then forwards a recommendation to the City Council for approval. The Park and Recreation Board has reviewed the special event noted below and recommends its approval: Event Dates 2002 Midwest Junior Olympic Sailing Festival June 21-23, 2002 This event is sponsored by the Midwest Junior Olympic Sailing Regatta. Importantly, this event is self-supporting. No budgeted funds of the Parks and Recreation Department will be used to support the event, and any revenue generated above costs will be donated to the Lake Forest Sailing Program. More information on the event is attached beginning on page 17. Recommended Action: Approve the Consent Agenda as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from Side Yard Setbacks to Allow an Addition to the Single Family Residence located at 630 Spruce Avenue. Filed by Pamela Armour 8:30 PM PRESENTED BY PLANNER PETER COUTANT (604-5655) On January 28, 2002, the Zoning Board of Appeals held a public hearing to consider a request for a variance from side yard setback requirements for property located at 630 Spruce Avenue. The petitioners propose to remove the existing second floor and construct a larger second floor in conjunction with several minor first floor additions. This property is the front lot of a lot-in-depth subdivision, and therefore, requires a 50-foot side yard setback on the west side of the property, which is adjacent to an access easement. Only the proposed addition on the west side of the residence encroaches into the setback. The proposed addition will be located 33 feet from the west property line, instead of the required 50-feet. On January 23, 2002 the Historic Preservation Commission unanimously approved the proposed additions. The Commission commended the petitioners for planning the addition in a manner that preserves the mature trees and gardens on the site. These trees provide a significant canopy, which benefits many of the surrounding properties. Both the Zoning Board of Appeals and the Historic Preservation Commission received public testimony in support of the project. The Zoning Board of Appeals voted unanimously to recommend approval of the variance subject to a condition that the second floor guest quarters may not be used as a rental apartment. The ordinance, with the site plan and findings, is included in this packet beginning on page 23. Recommended Action: Waive first reading and grant final approval of an ordinance for a variance of 17 feet to allow construction of an addition within the side yard setback as reflected on the site plan. 2. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from Side Yard Setbacks to Allow an Addition to the Garage located at 728 E. Rosemary Road. Filed by Mr. and Mrs. Patrick Ward. 8:35 PM PRESENTED BY PLANNER PETER COUTANT (604-5655) On January 28, 2002, the Zoning Board of Appeals held a public hearing to consider a request for a variance from side yard setback requirements for property located at 728 E. Rosemary Road. The petitioners are requesting a variance to allow a one-story addition to an existing garage on the east side of the residence. The proposed addition will encroach 6 feet into the required setback. The existing garage is a two-car garage with one large garage door facing the street. The proposed addition will enhance the streetscape elevation by separating the garage doors into two individual bays. In considering this request, the Board noted that the hardship in conforming to the required setbacks results from the house being constructed prior to the current zoning code requirements. The Board also recognized the uniqueness of the lot due to its adjacency to the Lake Forest College Alumni-Career Development Center. There was no correspondence of public testimony from neighboring property owners. The Zoning Board of Appeals voted unanimously to recommend approval of the variance. The ordinance, with the site plan and findings, is included in this packet beginning on page 37. Recommended Action: Waive first reading and grant final approval of an ordinance for a variance of 6 feet to allow construction of an addition within the side yard setback as reflected on the site plan. 3. Consideration Of An Ordinance Amending The City Code Regarding Water Service Termination (Second Reading and Final Approval) 8:40 PM PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271) At the November 15, 2001 City Council meeting, the City Council approved an ordinance amending the City Code to permit the termination of water service under specific circumstances. At that time, a number of aldermen raised questions regarding the need and appropriateness for an administrative appeal process prior to any termination of service. First reading approval was given to the proposed ordinance at the February 4, 2002 City Council meeting. The proposed ordinance attached beginning on page 63 would formalize a process whereby an affected property owner could appeal a termination to service to the City Manager. One additional modification to the proposed ordinance was made following first reading at the request of Alderman Moss. One page 4, paragraph 3 language was added allowing for appeal of an emergency disconnection. Recommended Action: Grant second reading and final approval of the proposed ordinance amending Section 44-33 of the City Code. 4. Consideration Of An Ordinance Creating The Elawa Farm Commission (First Reading and Final Approval) 8:45 PM PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271) The Elawa Farm Executive Steering Committee was appointed in August of 1999 by Mayor Kerr and City Council. The Committee was charged with developing an overall business plan to address private short and long term funding for restoration of the historic buildings, to determine programming for the site and to keep in mind the potential future use of part of the property for a neighborhood park and a school. The Committee has performed emergency stabilization work on the farm buildings, worked with an architect to determine restoration cost estimates, has begun to work with a fundraising consultant to conduct a fundraising feasibility study, has identified potential tenants and programs for the building space and is in the process of creating a 501-C-3 charitable foundation to receive donations for the restoration project. Creation of the Elawa Farm Commission establishes a permanent mechanism and process for carrying this project forward through fundraising, restoration, programming and into ongoing operation and maintenance of the farm buildings. Aldermen Burns and Reynolds have been meeting with the Steering Committee, City Staff and City Attorney to bring clarity to the Commission’s proposed mission, role and responsibilities. Primarily the Elawa Farm Commission will be advisory to City Council on policies and philosophies relating to preservation, restoration, reuse, programming and operation of the farm buildings, the garden site and an envelope of land extending 50’ beyond the walls of existing buildings. It will be responsible for establishing a plan for implementing the improvement, operation, management and maintenance of the historic farm complex. The Commission will recommend annual operating and capital budgets to City Council for the expenditure of funds raised by the Elawa Farm Foundation. The Commission will operate in accordance with the Special Use Permit and the Real Estate Purchase Agreement for the Elawa Farm Property. City bidding and contract processes, all subject to City Council approval, will be followed in the restoration and operation of Elawa Farm. If the City Council approves the proposed ordinance at this evening’s meeting, the Mayor will recommend appointments to the new Commission at the March 4, 2002 City Council meeting. The Ordinance and site plan were not finalized prior to delivery of the packets and delivered under separate cover, prior to Thursday night’s meeting. Recommended Action: Waive first reading and grant final approval of an Ordinance creating the Elawa Farm Commission. NEW BUSINESS 1. Consideration of an Agreement Between The City of Lake Forest and Lake Forest Open Lands Association with respect to Outdoor Environmental Education 9:30 PM PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (616-4271) For the past year, representatives of the City and Lake Forest Open Lands have been discussing ways to enhance the collaboration of the two parties as it pertains to providing outdoor education and recreational programming within the community. Both the City and Open Lands have a long and rich history of educating the residents on the value of preserving the local ecosystems, wildlife and their habitat. Attached beginning on page _ is a proposed agreement that encourages collaborative programs between the parties which fosters the mission of both Lake Forest Open Lands and the Recreation department’s Wildlife Discovery Center. Recommended Action: Approve the proposed joint agreement. 2. Consideration of a Resolution Approving an Extension of a Jurisdictional Boundary Agreement Between The City of Lake Forest and the Village of Bannockburn 9:45 PM PRESENTED BY CITY MANAGER ROBERT R. KIELY JR. (615-4271) The City of Lake Forest and the Village of Bannockburn have enjoyed a longstanding relationship of intergovernmental cooperation. Arrangements currently exist between the City and Bannockburn for building inspectional services and for water supply, and both communities are involved in various intergovernmental cooperative organizations for public safety matters. In furtherance of their cooperative relationship, the City and Bannockburn entered into a jurisdictional boundary agreement in 1987 relating to the approximately 15 acres of unincorporated territory located between the two municipalities at the northeast corner of Routes 22 and 43. The boundary agreement established a boundary line between the two municipalities that limits their annexation rights over the territory. The agreement also established permitted land uses for the territory to ensure that any development would be consistent with the City's comprehensive plan. Recent discussions between the Mayors and the staffs of both communities have confirmed the belief that, if the territory in question is developed, it should be developed in Bannockburn or Lake Forest. Accordingly, the City Council is being asked to re-affirm the boundary agreement and extend its term. (The Bannockburn Board of Trustees approved an identical Resolution on February 11, 2002.) The 1987 intergovernmental agreement are included in the packet beginning on page 57. In addition, staff for Bannockburn and The City believe that there is an advantage to presenting the extended boundary agreement to officials in Lake County so that the agreement will be considered by County planners in the event there is a proposal to develop the territory in the unincorporated County. The County has traditionally given great weight to intergovernmental planning efforts. Recommended Action: Approve the Resolution beginning on page 49 of the packet to approve an extension and re-affirmation of the boundary agreement between the City and the Village of Bannockburn. 3. Discussion on Draft Landscape Contractor Licensing Ordinance 10:00 PM PRESENTED BY MANAGEMENT ANALYST MARCUS PECCIA (615-4287) Per the Council’s request at their November 15, 2001 meeting, and in anticipation of implementing a landscape contractor licensing program, City staff request that the Council discuss the various components in the draft ordinance establishing licensing requirements and regulations relating to landscaping and lawn care contractors. Upon the completion of the Council’s review of the draft ordinance, and upon the completion of any recommended revisions, City staff will send the revised draft ordinance out to approximately one hundred twenty-five landscaping and lawn care contractors, for their consideration and place this item on the March 21st City Council Agenda for First Reading. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 10:30 PM Office of the City Manager February 15, 2002 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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