CITY COUNCIL 12-1-03 council agendaTHE CITY OF LAKE FOREST
COUNCIL AGENDA
Monday, December 1, 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
John A. Andersen, Alderman First Ward Roger J. Mohr, Alderman Third Ward
Michael J. Burns, Alderman Second Ward Timm Reynolds, Alderman Third Ward
S. Michael Rummel, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward
PLEDGE OF ALLEGIANCE 7:30 p.m.
REPORTS OF CITY OFFICERS 7:35 p.m.
1. Comments by Mayor
A. Resolution of Appreciation for Former Alderman Kimberly Moss
A copy of the resolution is attached beginning on page 10.
B. Appointment of Alderman to fill Vacant Fourth Ward Aldermanic Position.
2. Comments by City Manager 7:40 p.m.
A. Community Spotlight - Cemetery Commission presented by Chairman
Robert Palmer
B. Recognition of Police Citizens Academy Graduates - Chief Michael Hosking
3. Comments by Council Members 8:15 p.m.
Council Committee Reports 8:20 p.m.
Planning and Preservation Committee Report
Ad Hoc Housing Committee Report
1. Consideration of a Resolution to Support and Encourage the Development of Affordable/Diverse Housing
A copy of the resolution is attached beginning on page 11.
Finance Committee Report
1. Abating 2003 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Final Approval)
PRESENTED BY FINANCE COMMITTEE CHAIRMAN MICHAEL RUMMEL
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 on the following page:
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 14 for your consideration. First reading approval was granted at the November 20, 2003 City Council meeting.
Recommended Action: Grant Final Approval of the ordinances abating tax levies for various general obligation bond issues. (Staff Contact Persons: Kathy Reinertsen 615 4222)
2. Consideration of an Ordinance Establishing the Tax Levy for 2003 (Final Approval) 8:25 p.m.
PRESENTED BY FINANCE COMMITTEE CHAIRMAN MICHAEL RUMMEL
The annual tax levy must be filed with the County Clerk before the last Tuesday in December. Spreadsheets reviewing the tax levy for 2003 were discussed at the November 20, 2003 City
Council meeting and are attached beginning on page 23 for your review. 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 the spreadsheet allocations have changed since the first reading due to revised IMRF/SS projections
and that Shields Township was unable to provide a growth number so last year’s amount is used.
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 included for your
consideration. A summary of the proposed levies is as follows:
Fund/Purpose Proposed
2003 Levy
2002 Levy Change 2002 – 2003
$ % City General $9,702,137 $9,510,286 $191,851 2.02% Pension Funds $2,076,433 $1,961,842 $114,591 5.84% Park/Recreation Fund $2,893,841 $2,840,643 $53,198 1.87% Library
$2,513,052 $2,472,626 $40,426 1.63% Seniors $142,307 $136,253 $6,054 4.44% Debt Service Funds $2,534,992 $2,613,455 $(78,463) -3.00% Sub-Total $19,862,762 $19,535,105 $327,658 1.68% Projected
Growth 2003 $326,418 $326,418 NA CITY TOTAL $20,189,180 $19,535,105 $654,076 3.35% School District 67 $21, 815,627 $20,817,697 $997,930 4.79% GRAND TOTAL $42,004,807 $40,352,802 $1,652,005 4.09%
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%.
First reading approval was granted at the November 20, 2003 City Council meeting.
Recommended Action: Grant final approval of the proposed tax levy ordinance for 2003. (Staff Contact: Kathy Reinertsen 615-4222)
OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:30 p.m.
CONSENT AGENDA 8:35 p.m.
Approval of the Minutes of the November 20, 2003 Regular City Council Meeting: The minutes are attached starting on page 26.
2. Resolution Approving the Amendment of the Retiree Health Savings Account Plan through ICMA Retirement Corporation: In 2001 the City Council approved the establishment of a Retiree
Health Savings Account Plan (RHS) through ICMA Retirement Corporation. Since the plan was established, the IRS has issued opinion letters allowing for more flexibility on the part of
the employees. Originally, everyone was required to participate in the plan in the same manner, so all employees are contributing 1% of salary to the plan. They now have the option
of permanently opting out of the plan, making larger before-tax contributions to the plan, and making more after-tax contributions. They also have the options of putting their sick
leave buy outs into the plan. We would like to offer this increased flexibility to our employees. In order to do this, we must make the attached plan amendments. There is no cost
to the City for this plan. A copy of the resolution is attached as page 37. The recommended action is to approve a Resolution Amending the Retiree Health Savings Account Plan through
ICMA Retirement Corporation.
Recommended Action: Approval of the Consent Agenda items as presented.
ORDINANCES
1. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Side Yard and Front Yard Setback Requirements for property located at 764 Northmoor
Road. (Final Approval) 8:45 p.m.
PRESENTED BY PLANNER SUZANNE GERMANN (615-4587)
On November 20, 2003 City Council granted first reading approval of an ordinance authorizing a variance from the front and side yard setback requirements to allow construction of a second
story addition to the existing home on the property at 764 Northmoor Road.
On October 27, 2003 the Zoning Board of Appeals approved the variances with a 5 to 2 vote. The Building Review Board approved the proposed addition on October 1, 2003 with a 5 to 1
vote. The City Council expressed concern for the length of the approval process of this petition. An outline of dates of submissions and meetings referring to this petition is included
in this packet beginning on page 38, along with the ordinance, conditions of approval, site plan and findings.
Recommended Action: Grant final approval 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.
2. Consideration of a Report and Recommendation from the Zoning Board of Appeals to grant a Special Use Permit approving the Lake Forest College Master Plan. (Final Approval) 8:50
p.m.
PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK (615-4299)
At the November 20, 2003 City Council meeting, the Council heard a presentation from staff on the various elements of the Lake Forest College Master Plan and the extensive public review
process that has occurred to date. The Council also heard testimony from a neighboring resident and College President Stephen Schutt. After discussion, the Council granted first reading
of an Ordinance granting a Special Use Permit approving the Master Plan.
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 to ensure that the College remains competitive with other 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.
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. 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 ordinance is included in the Council packet beginning on page 49. The Master Plan and background material was previously distributed to the Council.
Recommended Action: Grant final approval of an ordinance granting a Special Use Permit Approving the Lake Forest College Master Plan, 2002 – 2005.
3. Consideration of an Ordinance Amending the City Code regarding the Lake Forest Community Center Commission and Approving an Agreement relating to the Gorton Property (Final Approval) 9:00
p.m.
PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271)
This item was granted first reading approval at the November 20, 2003 City Council meeting.
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 62.
Recommendation: Grant final approval of the Ordinance amending the City Code regarding the Gorton Community Center Commission.
4. Consideration of a Recommendation from the Building Review Board in Support of a Code Amendment Establishing Minimum Landscape Standards for Single Family and Duplex Residences.
Sections 42-50 thru 42-50 (First reading, and if desired by City Council, Grant Final Approval) 9:05 p.m.
PRESENTED BY DEVELOPMENT COORDINATOR AND CITY FORESTER
DAN REEVES (615- 4216)
On December 3, 2001, the City Council approved a revised Tree Preservation and Landscape Ordinance. This approval represented the first major revision to this ordinance since it was
originally adopted by the City Council in 1988. During the Council’s discussion in 2001, staff was directed to review the new ordinance periodically, and if appropriate, return to the
Council with amendments to further enhance the ordinance.
At the direction of the Mayor and the Planning and Preservation Committee, staff explored the concept of establishing minimum landscape standards. This topic was before the City Council
for preliminary consideration on August 5, 2002. City Council expressed some reservations about establishing landscape standards for single family homes and duplexes, but instructed
staff to look into the issue and to review the matter with appropriate Boards and Commissions.
Since that time, the concept of establishing minimum landscape standards for residential properties has been reviewed by the Historic Preservation Commission and the Building Review
Board. The Historic Preservation Commission, by ordinance, reviews all new and replacement residences and through that process, has the ability to require landscaping. As a result,
the Commission concluded that minimum landscape requirements would not have a significant effect on development in the historic districts. The Commission noted that the landscaping
that is normally proposed by homeowners far exceeds the minimums that would be established by this Code amendment.
The minimum landscape concept was considered by the Building Review Board on December 4, 2002 and again in March 2003. The Board supported the concept and asked staff to enhance the
proposed minimum requirements.
The existing Tree Preservation and Landscape Ordinance includes minimum landscape requirements for multi-family and commercial buildings, but not for duplexes or single family residences.
As the community experiences more and more infill development in established neighborhoods, ensuring that new homes, homes that replace existing homes that are demolished, and homes
that undergo major renovation and expansion, are “finished off” with at least a minimum amount of landscaping, is becoming increasingly important.
In most cases, development projects in Lake Forest include extensive landscaping as part of the job. However, in a few cases, infill development has occurred and the replacement homes
have remained unlandscaped for years in some cases, while a builder waits for a buyer to step forward. As a result, staff receives numerous complaints from neighbors that these few,
but significant situations, stick out “like a sore thumb” in the neighborhood. Even though the number of projects without any landscaping is small, these projects negatively affect
the appearance of the streetscape, disrupt the character of established neighborhoods and some neighbors fear, negatively impact property values.
To respond to this issue, minimum landscape standards for single family residences and duplexes are proposed. Of course, property owners are free to do landscaping that far exceeds
the proposed requirements, but the minimum requirements will provide staff with a tool to address the few situations where landscaping is not provided in a proactive manner. The minimum
landscape requirements for single family duplex residences would need to be satisfied prior to the issuance of a Certificate of Occupancy. In the event that due to the time of year
planting cannot occur, a bond would be posted by the property owner to assure planting at the earliest possible date, consistent with provisions already in the Code.
The proposed minimum standards require 2 shrubs for every 10’ linear feet of foundation exposed to a public or private street. In addition, planting of at least two of the following
somewhere on the site would be required.
2-3” shade trees
3-3” under story or ornamental trees
3-6’-8’ evergreens
The ordinance also requires the use of ground cover or mulch in a planting bed for shrubs around the perimeter of the building. The provisions allow the Director of Community Development
to waive the requirement for landscaping if specific criteria listed in the ordinance are met.
In November 2003, the Building Review Board voted unanimously to recommend approval of the Code amendment establishing minimum landscape requirements for single family and duplex residences
to the City Council. The ordinance as recommended by the Building Review Board is included in the packet beginning on page 89.
Recommended Action: Consideration of first reading, and if desired by City Council, grant final approval to an ordinance amending the City Code to establish provisions for minimum landscaping
of single family and duplex residences.
5. Consideration of a Recommendation from the Plan Commission Amending The City of Lake Forest Zoning Code to Create a New Zoning District, the Transitional District (First Reading,
and if desired by City Council, Grant Final Approval) 9:30 p.m.
PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT
CATHERINE CZERNIAK AND CITY ATTORNEY VICTOR FILIPPINI
On November 12, 2003, the Plan Commission voted unanimously to recommend to the City Council that a new zoning district be established to facilitate the development of properties that
are uniquely transitional in nature. The concept for the Transitional District evolved out of numerous discussions about the proposed Amberley Woods development, a mixed use development
that would serve as a transition from property zoned for corporate office use, and property zoned for single family and duplex residences. As staff and the City Attorney worked to fit
the proposed mix use into several of the City’s existing zoning districts, it became clear that carving the property up into several zoning districts and attempting to meet the criteria
of those various districts would involve a cumbersome process, one that would serve neither the developer’s, nor the City’s interests.
As a result, the City Attorney, in consultation with City staff, proposed the concept of the Transitional District to the Plan Commission. The creation of the new district is before
the City Council at this time. Adoption of the district does not cause the rezoning of any individual properties. Instead, adoption of this ordinance will make the Transitional District
available to properties that fit specific criteria. Properties meeting the criteria could be rezoned in the future based on a request from the property owner. In general, properties
that are located within a certain distance of Route 60 and the Tollway, have significant natural features, and serve as transition parcels between different uses could be considered
for Transitional District zoning.
The Transitional District allows development of properties; by right, consistent with the R-5 district for single family three acre residential lots. The district also provides the
opportunity for a variety of other uses through a Special Use Permit. Depending on the parcel, some or all of the uses listed may be appropriate for an individual property. Criteria
for reviewing the request, in addition to the standard Special Use Permit criteria in the Code, are established in the ordinance. In particular, in order to grant a Special Use Permit,
the use or uses must be found to be consistent with the Comprehensive Plan.
For further background, a memo prepared by the City Attorney for the Plan Commission at the time of the Commission’s initial consideration of the Transitional District is included in
this packet. This memo also refers to some other documents that were under review by the Plan Commission at the same time for the Amberley Woods development, however, those documents
are not part of the current discussion. The memo and ordinance as recommended by the Plan Commission is included in the packet beginning on page 92.
Recommended Action: Consideration of first reading, and if desired by City Council, grant final approval to an ordinance amending the Code to establish a Transitional Zoning District
as recommended by the Plan Commission.
NEW BUSINESS
1. Consideration of a Resolution Approving a Policy Concerning Closed Meeting Minutes and Verbatim Records 9:50 p.m.
PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI
Beginning on January 1, 2004, the City will be required to tape all closed or executive session meetings pursuant to the “Verbatim Records Act” (Public Act 93-0523). This amendment
to the Illinois Open Meetings Act requires the recording and maintenance of verbatim tapes of all executive or closed session meetings of the Council and all subsidiary bodies of the
City. Attached beginning on page 109 is a resolution approving a policy that will regulate the creation, maintenance, storage, release and destruction of closed meeting minutes and
verbatim records.
Recommended Action: Adoption of a resolution approving a policy concerning closed meeting minutes and verbatim records, in compliance with the Verbatim Records Act.
APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 9:55 p.m.
During the month of November the following amounts were disbursed from the Cashier’s Account:
GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES 504,718.78 36,328.90 541,047.68 PAYROLL 916,981.61 133,785.10 1,050,766.71 TOTALS 1,421,700.39 170,114.00 1,591,814.39
AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF DECEMBER, 2003
The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the December 2003 audited accounts.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
EXECUTIVE SESSION
ADJOURNMENT 10:00 p.m.
Office of the City Manager
November 26, 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.
December 1, 2003 Agenda Page 2