CITY COUNCIL 11-20-03 council agendaTHE CITY OF LAKE FOREST
COUNCIL AGENDA
Thursday, November 20, 2003 7:30 p.m.
City Council Chambers
CALL TO ORDER AND ROLL CALL 7:30 p.m.
Honorable John E. Preschlack, Mayor
Tom Swarthout, Alderman First Ward Roger J. Mohr, Alderman Third Ward
John A. Andersen, 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 7:30 p.m.
REPORTS OF CITY OFFICERS
1. Comments by Mayor 7:30 p.m.
2. Comments by City Manager 7:35 p.m.
3. Comments by Council Members 7:40 p.m.
4. Council Committee Reports 7:45 p.m.
A. Finance Committee Report
1. Abating 2003 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Grant First Reading Approval)
PRESENTED BY FINANCE DIRECTOR KATHY REINERTSEN
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 1992B General Obligation TIF Bond Issue ($1,560,000.00)
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 1997A General Obligation (WATERWORKS AND SEWERAGE SYSTEM) Bond Issue
($271,500.00).
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 1997B General Obligation (PARKING DECK) Bond Issue ($154,130.00)
An Ordinance Abating the Total Tax Being levied in 2003 for the Annual Payment of the Principal and Interest on the 1998A General Obligation (PARK AND PUBLIC LAND) Bond Issue ($468,918.00).
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 1999 General Obligation (Cemetery) Bond Issue ($153,163.00).
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 2001-A General Obligation (Waterworks and Sewerage System) Bond Issue
($632,500.00)
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 2002-A General Obligation (Waterworks and Sewerage System) Bond Issue
($1,327,383.00)
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 2003-C General Obligation (Waterworks and Sewerage System) Bond Issue
($161,458.00)
An Ordinance Abating the Total Tax Being Levied in 2003 for the Annual Payment of the Principal and Interest on the 2003-D General Obligation (Storm Sewer) Bond Issue ($208,176.00)
A summary of the proposed tax levy abatements are noted below:
Bond Issue Original
Tax Levy Tax
Abatement Net Bond Tax Levy 1992B G.O. Bonds (TIF) $1,560,000.00 $1,560,000.00 $0 1997A G.O. Bonds (WATER) $271,500.00 $271,500.00 $0 1997B G.O. Bonds (PARKING) $154,130.00 $154,130.00 $0 1998A
G.O. Bonds (PARKS) $468,918.00 $468,918.00 $0 1999 G.O. Bonds (CEMETERY) $153,163.00 $153,163.00 $0 2001A G.O. Bonds (WATER) $632,500.00 $632,500.00 $0 2002A G.O. Bonds (WATER)
2003C G.O. Bonds (WATER)
2003D G.O. Bonds (STORM SEWER) $1,327,383.00
$161,458.00 $208,176.00 $1,327,383.00
$161,458.00
$208,176.00 $0
$0
$0
TOTALS $4,937,228.00 $4,937,228.00 $0
These ordinances provide for the abatement of 2003 taxes levied for the various outstanding general obligation ALTERNATE REVENUE bond issues. The tax levies for all bond issues are
established and recorded with the County Clerk at the time the bonds are issued. Therefore, in order to reduce the bond tax levies, an abatement ordinance must be approved and filed
with the County Clerk before December 30, 2003.
The abatement of these general obligation (ALTERNATE REVENUE) bonds is possible due to the fact these bond funds have an adequate revenue source from TIF district collections, water
sales, Cemetery revenue, parking charges, utility taxes or sales taxes. Therefore, the general obligation tax levy can be abated as was planned at the time the bonds were issued.
Copies of the abatement ordinances are attached beginning on page 12 for your consideration.
Recommended Action: Grant First Reading Approval of the ordinances abating tax levies for various general obligation bond issues. (Staff Contact Person: Kathy Reinertsen 615 4222)
2. Consideration of an Ordinance Establishing the Tax Levy for 2003 (Grant First Reading Approval)
PRESENTED BY FINANCE DIRECTOR KATHY REINERTSEN
The annual tax levy must be filed with the County Clerk before the last Tuesday in December. Spreadsheets reviewing the tax levy for 2003 are attached beginning on page 21 for your
consideration. These include: 1) the tax levy limitations under the tax cap, 2) the tax levy distributed by fund without new growth distributed and 3) the tax levy by fund with new growth
distributed. Please note that Shields Township was unable to provide a growth number so last year’s amount is used. The amount should be available by the final reading on December 1.
The tax levy to be approved includes the needs of all City departments, as well as for pensions and debt service requirements. The tax levy for School District 67 is unavailable and
will be provided by the final reading on December 1. A summary of the proposed levies is as follows:
Fund/Purpose Proposed
2003 Levy
2002 Levy Change 2002 – 2003
$ % City General $9,703,056 $9,510,286 $192,770 2.03% Pension Funds $2,176,326 $1,961,842 $214,484 10.93% Park/Recreation Fund $2,827,291 $2,840,643 $(13,352) -.47%
Library $2,484,036 $2,472,626 $11,410 .46% Seniors $137,649 $136,253 $1,396 1.02% Debt Service Funds $2,534,992
$2,613,455 $(78,463) -3.00% Sub-Total $19,863,350 $19,535,105 $328,245 1.68% Projected Growth 2003 $326,418 $326,418 NA CITY TOTAL $20,189,768 $19,535,105 $654,663 3.35% School
District 67 GRAND TOTAL $20,189,768 $19,535,105 $654,663 3.35%
The proposed tax levy for 2003 reflects a 3.35 increase over the 2002 tax levy extensions for the City, Recreation, and Library operating funds. This increase is in full compliance
with the property tax cap limit of a 2.4% increase, plus new growth, which is estimated at 1.9%. Importantly, the average increase to existing residents will be approximately 1.4%.
Recommended Action: Grant First Reading approval of the proposed tax levy ordinance for 2003. (Staff Contact: Kathy Reinertsen 615-4222)
3. Consideration of an Ordinance approving a Fee Schedule For The City Of Lake Forest (Final Approval)
PRESENTED BY CHAIRMAN MICHAEL RUMMEL
As discussed during the November 3, 2003 Finance Committee meeting, the fee schedule is presented for approval two months earlier than prior years as revenue forms the foundation for
the entire budget. Total fee increases are estimated at $317,000 with $288,000 applicable to the Water Fund. The fee schedule is comprised of two parts: Section 1 contains new fees or
fees that are being increased. Section 2 is a housekeeping section that contains fees that are remaining the same but were recommended to be approved under this ordinance by the City
Attorney. Golf, boating and cemetery fees will be presented at a later date. A copy of the ordinance is attached beginning on page 24.
Recommended Action: Grant final approval to the ordinance approving a fee schedule for The City of Lake Forest. (Staff Contact person: Kathy Reinertsen 615-4222)
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:00 p.m.
CONSENT AGENDA 8:05 p.m.
1. Approval of the Minutes of the October 28, 2003 Strategic Planning Session and the November 3, 2003 Regular City Council Meeting
A copy of the minutes are attached beginning on page 35.
2. Consideration of a Resolution that Amends Resolution #1994-22, relating to a Standing Committee of the City Council, specifically Personnel, Compensation and Administration Committee
It has been recommended that the currently standing Compensation, Personnel and Administration Committee be better defined to address personnel, compensation, and administrative issues
of City employees. Attached beginning on page 42 is a resolution that amends Resolution #1994-22 as it relates to the CPA Committee, renaming it the Personnel, Compensation and Administration
(PCA) Committee.
3. Documents relating to Whitehall Meadows Subdivision
A. An Ordinance Amending Ordinance No. 90-41 Amending the Lake Forest Zoning Code, 1972, as Amended
A copy of the ordinance is attached beginning on page 43.
B. An Ordinance Amending Ordinance No. 90-42 Granting a Special Use Permit for a Planned Historic Residential and Open Space Preservation Subdivision and Approving a Final Plat of Subdivision
Therefore
A copy of the ordinance is attached beginning on page 49.
C. Approval of a Subdivision Agreement for the Whitehall Meadows Subdivision
A copy of the agreement is attached beginning on page 59.
Recommended Action: Approval of the Consent Agenda as presented.
ORDINANCES
1. Consideration of an Ordinance Amending Chapter 4, “Alcoholic 8:10 p.m.
Beverages”, of the City Code (Final Approval)
PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271)
At the November 3, 2003 City Council meeting, first reading approval was given to an ordinance amending the City’s liquor code in response to requests made by residents and business
owners within the community. A proposed matrix based on the new Class structure along with a copy of the proposed ordinance is attached beginning on page 71.
The more significant changes that are being proposed are the restructuring of the restaurant classes (Classes C – C-7). Liquor holders will have the opportunity to apply for a license
that would allow the consumption of alcohol with or without ordering a meal, and the selling of packaged liquor as part of a carryout meal.
The draft ordinance has been mailed to each current liquor holder. The proposed matrix was prepared in response to comments made from business owners.
Recommended Action: Grant final approval to an ordinance amending Chapter 4 “Alcoholic Beverages,” of the City Code.
2. Consideration of an Ordinance Amending the City Code regarding the Lake Forest Community Center Commission and Approving an Agreement relating to the Gorton Property (First Reading)
PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271)
Representatives of the City and Gorton Community Center have been meeting to clarify and restate the intended and long-standing relationship between the two parties. Since 1972, the
Community Center has been a not-for-profit entity financially independent of the City and operating the City-owned historic building serving many community organizations and residents.
The proposed ordinance modifies the City’s Community Center Commission and its liaison role toward the Gorton Community Center. The related operating agreements recognizes the evolving
role and activities of Gorton, its broader role in the Lake Forest and Lake Bluff area and further articulates the independence of Gorton as well as the collective desire to sustain
the operation of the community center.
The proposed operating agreement is similar in nature to the recently enacted agreement covering the Ragdale property. It also expands on the various terms and provisions set forth in
the lease approved in May, 1999 at the time the Gorton Foundation was undertaking the extensive renovation of the facility. A copy of the proposed ordinance and agreements are attached
beginning on page 102.
Recommendation: Approve first reading of the Ordinance amending the City Code regarding the Gorton Community Center Commission.
3. Consideration of a Report and Recommendation from the Zoning 8:25 p.m.
Board of Appeals for a Variance from the Rear Yard Setback Requirement
for property located at 909 Elm Tree Road. (First Reading and Final Approval).
PRESENTED BY PLANNER SUZANNE GERMANN (615-4587)
On October 27, 2003 the Zoning Board of Appeals held a public hearing on a request for a setback variance for the property at 909 Elm Tree Road to allow construction of an addition to
the existing home. The petitioner proposes to construct an addition to the south side of the home. The existing residence is non-conforming to the required rear yard setbacks.
The Zoning Board of Appeals voted unanimously to approve the request for a variance. This petition was also unanimously approved by the Historic Preservation Commission on October 22,
2003. Both the Board and Commission approved the petition with a requirement for a landscape plan that provides additional screening along the south and east property lines. The ordinance
with conditions of approval, site plan, and findings is included in this packet beginning on page 129.
Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a variance from the rear yard setback requirements to allow the construction of an addition
as reflected on the site plan attached to the ordinance.
4. Consideration of a Report and Recommendation from the Zoning Board 8:30 p.m.
of Appeals for a Variance from the Side Yard and Front Yard Setback
Requirements for property located at 764 Northmoor Road. (First Reading)
PRESENTED BY PLANNER SUZANNE GERMANN (615-4587)
On October 27, 2003 the Zoning Board of Appeals held a public hearing on a request for setback variances for the property at 764 Northmoor Road to allow construction of a second story
addition to the existing home. The existing residence is non-conforming to the required side yard setbacks.
The proposed addition retains the existing first floor and footprint of the existing home. The existing home is non-conforming to the side yard setback requirements at the west side
of the property. The second story addition requires a variance of 3.1 feet from the required 10 foot side yard setback as a result of its placement over the existing first floor footprint.
The petitioner proposes to construct a covered entry and a bay window at the front of the house. The existing home is sited just beyond the 40’ front yard setback at 40.2’. The proposed
entry and bay window will encroach into the front yard setback 3.8 feet.
The Building Review Board approved the proposed addition on October 1, 2003 with a 5 to 1 vote. The petition appeared twice before the Board. The Board initially requested that the
petitioner explore stepping the second floor addition back from the west side to avoid encroachment into the setback or to reduce the extent of the setback. The majority of the Board
determined that the stepped back second floor was a weaker design. The Board acknowledged that the preferred design required variances from the side and front yard setback requirements
and recognized that variances of this type have been granted in the past.
The Zoning Board of Appeals heard testimony both in support of and in opposition to this request. After discussion, the Board approved the variances with a 5 to 2 vote. In the past,
in situations where a recommendation is sent to the City Council with a split vote, the Council has not waived first reading particularly in situations where objections to the request
were raised. Therefore, the recommendation is to grant first reading of this ordinance at this time.
The ordinance with conditions of approval, site plan and findings is included in this packet beginning on page 144.
Recommended Action: Grant first reading of an ordinance authorizing a variance from the front and side yard setback requirements to allow the construction of second story addition as
reflected on the site plan attached to the ordinance.
5. Consideration of a Report and Recommendation from the Zoning 9:00 p.m.
Board of Appeals to grant a Special Use Permit approving the Lake
Forest College Master Plan. (First Reading)
PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
On October 27, 2003 the Zoning Board of Appeals voted unanimously to recommend approval of the Lake Forest College Master Plan 2002 – 2005 through a Special Use Permit. The Zoning Board
of Appeals first began its consideration of the Master Plan in May 2001. The Plan was initially developed under the leadership of past Lake Forest College President David Spadafora.
Upon the arrival of Lake Forest College President Stephen Schutt, City of review of the plan was suspended temporarily to allow the new President to become familiar with the campus
and the various issues addressed in the Master Plan. In October 2002, the Master Plan, in a modified and updated version, was resubmitted to the City for approval.
The Master Plan has several components which are detailed in the background materials included under separate cover. The Plan does not anticipate a significant increase in student population
or the addition of uses inconsistent with the existing uses on the campus. In summary, the Plan envisions upgrading the campus buildings and grounds consistent with current trends and
to ensure that the College remains competitive in all aspects with other similar Colleges. The Plan establishes a goal of making the campus more pedestrian friendly by providing for
greater separation between vehicles and people, increasing lighting and providing directional signage. Some components of the original plan, such as expansion of the Donnelley Library,
have moved ahead of this approval.
The Zoning Board of Appeals held numerous public meetings during its year long consideration of the Master Plan. In addition, Lake Forest College representatives held neighborhood meetings
and talked with neighbors individually during this time. A significant amount of public testimony was submitted focusing on the component of the Master Plan which deals with upgrading
the College’s athletic facilities, Farwell Field and Halas Hall. Excerpts of the minutes from the most recent Zoning Board of Appeals’ meetings on this matter are included in the Council
packet.
The ordinance and background material for this agenda item are included under separate cover.
Recommended Action: Grant first reading of an ordinance granting a Special Use Permit Approving the Lake Forest College Master Plan, 2002 – 2005.
6. Consideration of a Report and Recommendation from the Zoning 9:30 p.m.
Board of Appeals for a Variance from Side and Rear Yard Setback
Requirements for property located at 979 Maplewood Road.
(First Reading and Final Approval)
PRESENTED BY PLANNER PETER COUTANT (604-5655)
The petitioner is proposing to demolish and replace the residence located at 979 Maplewood Road. The demolition request and design of the proposed replacement structure has been approved
by the Historic Preservation Commission. On June 23, 2003, the Zoning Board of Appeals held a public hearing on a request for a side and rear yard setback variance to allow the proposed
replacement residence to be sited in generally the same location as the existing residence.
The property is located in the R-4 Zoning District and is the front lot of a lot-in-depth subdivision. The required east side yard setback is 50 feet (due to the adjacency to an access
easement), the west side yard setback is 20 feet, and the rear yard setback is 50 feet. This property is part of the Original Plat of Lake Forest, created in 1857 and its subdivision
predates the creation of the Zoning Code and Subdivision Ordinance.
Due to the lot-in-depth setback requirements of the Zoning Code, this property does not have a building pad in which a new residence could be located and conform to the required setbacks.
Furthermore, options for locating a house on this lot are limited due to the specimen 40” Chestnut Oak tree located in the middle of the yard. Therefore, the proposed residence is
sited in generally the same nonconforming location as the existing residence. The proposed residence is located 2 feet 3 inches from the east side yard property line and 28 feet 4 inches
from the rear property line. An attached two-car garage is located 5 feet from both the west side yard and rear yard property lines.
From an architectural perspective, the Historic Preservation Commission was supportive of the variance request. It was the consensus of the Commission that the unique character of this
area is defined by the collective siting of these homes and their close proximity to the alley and each other, and that the character of the neighborhood will be enhanced if infill development
conforms to this established pattern.
The Zoning Board of Appeals voted 5-2 to recommend approval of the requested variance. The two dissenting votes raised concerns regarding the overall size of the house given its proximity
to adjacent structures.
The ordinance, with site plan and findings is included in this packet beginning on page 163.
Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a variance from the side yard setback requirements to allow the construction of a new residence
as shown on the site plan.
7. Consideration of a Report and Recommendation from the Zoning 9:45 p.m.
Board of Appeals for a Special Use Permit to Allow a building addition
to the St. Mary’s School located at 185 E. Illinois Road. (First Reading
and Final Approval)
PRESENTED BY PLANNER PETER COUTANT (604-5655)
On October 27, 2003 the Zoning Board of Appeals held a public hearing on a request for a Special Use Permit to allow for a building expansion and parking lot reconfiguration at the School
of St. Mary’s. The proposed building improvements will not change or add to the existing uses on the site and will not result in an increase in student capacity at the School. The
proposed addition is two-stories in height and approximately 10,000 square feet in size. The addition consists of a new lobby, multi-purpose meeting rooms, and a library/media center.
The majority of the addition will fill-in an area located to the east of the existing gymnasium. A small portion of the north side of the addition will be visible from Green Bay Road.
The Board recognized that due to the location of the addition, the proposed expansion would not negatively impact surrounding residential properties and there were no concerns expressed
from neighboring property owners.
At the public hearing, both the petitioner and Board expressed concerns with the limitations of the current and proposed parking lot reconfiguration, including safety issues relating
to parking and circulation. In order to allow the School to move forward with finalizing the building addition plans, the Board has separated the building addition and parking lot reconfiguration
requests. The Board will continue to work with the petition to resolve the parking lot issues and forward a recommendation to the City Council in the coming months on this portion of
the plan, prior to the issuance of a building permit for the building addition.
The Board voted unanimously to recommend approval of a Special Use Permit to allow the building addition. The ordinance and findings of fact are included in the Council packet beginning
on page 175.
Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a Special Use Permit for a building addition subject to conditions of approval.
8. Consideration of an Ordinance Amending Various Provisions of 9:55 p.m.
the Lake Forest City Code, as Amended, Relating to the Administration
of Bonds and Cash Deposits (Final Approval)
PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
This ordinance amends the City Code to establish a process for handling unclaimed bonds and cash deposits. In conjunction with the issuance of various types of permits, deposits are
required to ensure that damage to public property is repaired and that projects are completed. In some cases, these deposits go unclaimed either because projects are not completed,
or because final inspections are not scheduled. These deposits have accumulated over time and currently present an administrative burden to the City.
This amendment establishes a process that will allow the City to clear aged accounts after a period of public notice. The amendment also establishes a process to ensure that moving
forward, a similar accumulation of deposits does not occur.
At the October 16, 2003 City Council meeting, the Council granted first reading of this ordinance. As directed by the City Council at that meeting, staff has sent letters to all owners
of properties for which the City is holding unclaimed bonds. The letters ask that property owners contact the City prior to December 1, 2003 to avoid a notice of an open building permit
from being recorded on the property deed. The letters have generated many calls from property owners and Community Development staff is working to conduct final inspections as needed,
close out building permits, and return appropriate bond monies to property owners. All property owners who contact the City prior to the December 1st effective date of this ordinance
will be afforded an opportunity to close out the building permit and receive a bond refund if applicable.
An ordinance reflecting the proposed amendments to the Code is attached beginning on page 185.
Recommended Action: Grant final approval of an ordinance amending the Code relating to the Administration of Bonds and Cash Deposits.
NEW BUSINESS
1. Consideration of a Resolution Approving an Intergovernmental 10:00 p.m.
Agreement between the City and Lake County Forest Preserve
District, Annexing Certain Properties to the City
PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271)
In 1993, the City joined Highland Park and Highwood in developing a comprehensive land use plan for the surplus property at Ft. Sheridan. The understanding was for the unincorporated
property located north of Hutchinson Ravine to be annexed into the City of Lake Forest. This understanding was formalized in an Intergovernmental Boundary Agreement between Highland
Park, Highwood and the City of Lake Forest in October, 1995. As part of the base closure, the Lake County Forest Preserve District (LCFPD) received approximately 290 acres generally
known as the golf course and cemetery property under the condition that the property remain a golf course or open space and the District maintain the Cemetery in perpetuity. The proposed
annexation eliminates the only remaining pocket of unincorporated property in this area and abuts the City’s southern boundary to the City of Highland Park.
The LCFPD is prepared to move forward with plans to improve the golf course, adjacent ravines and bluffs. As part of the improvement project, a significant portion of the stormwater
from the Whispering Oaks Subdivision will be diverted out of the ravines and across the golf course property. A new curb cut will allow access to the new maintenance facility at the
north end adjacent to the Army Reserve property. While the LCFPD does not typically annex their property into municipalities, they have acknowledged the basis of the 1995 boundary agreement
and the collaborative opportunities this agreement provides. The project is scheduled to begin in the spring of 2004.
Attached beginning on page 193 is a copy of the proposed resolution and intergovernmental agreement annexing certain property into the City.
Recommended Action: Approve the Resolution Approving an Intergovernmental Agreement with the Lake County Forest Preserve District.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
EXECUTIVE SESSION
ADJOURNMENT 10:15 p.m.
Office of the City Manager
November 13, 2003
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.
November 20, 2003 Agenda Page 9