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CITY COUNCIL 12-6-04 THE CITY OF LAKE FOREST COUNCIL AGENDA Monday, December 6, 2004 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 R. Reynolds, Alderman Third Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward S. Michael Rummel, Alderman Second Ward John Looby III, Alderman Fourth Ward PLEDGE OF ALLEGIANCE 7:30 p.m. REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Mayor 2. Comments by City Manager 7:45 p.m. A. Community Spotlight – Ragdale Foundation, presented by Executive Director Susan Tillett B. Report on Dalitsch/Costco Development 3. Comments by Council Members 8:10 p.m. 4. Council Committee Reports 8:15 p.m. A. PCA Committee Report 1. Consideration of Amendments to the Current Employee Sick Leave and Vacation Policies Following last year's budget process, the City Council instructed the Human Resources Director to work with the Employee Benefit Committee (EBC) to find a way to reduce the sick leave and vacation liability carried forward each year. Because of the GASB changes, these liabilities must now be booked differently than in the past. The EBC has proposed a revised sick leave program which effectively eliminates approximately $250,000 from the books, as well as eliminates future increases to the liability. In addition, the language regarding personal days and holidays is being changed to reflect that days not used within the calendar year will be removed from the books on January 1 of each year. This will also reduce the banked liability. The PCA Committee of the City Council approved these recommendations on November 1. Due to the extensiveness of these changes, it is necessary for the City Council to approve new language for our Personnel Policies Handbook. The new language for both policies is attached beginning on page 10. Changes are noted in bold italics. December 6, 2004 Agenda Page 2 B. Finance Committee Report 8:25 p.m. PRESENTED BY FINANCE COMMITTEE CHAIRMAN MICHAEL RUMMEL 1. Consideration of an Ordinance Establishing the Tax Levy for 2004 (Grant First Reading Approval) The annual tax levy must be filed with the County Clerk before the last Tuesday in December. Spreadsheets reviewing the tax levy for 2004 are attached for your consideration beginning on page 15. These include: 1) the tax levy limitations under the tax cap, 2) the tax levy distributed by fund without new growth and allowances distributed and 3) the tax levy by fund with new growth and allowances distributed. 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 2004 Levy 2003 Levy Change 2003 – 2004 $ % City General $10,457,368 $9,934,299 $523,069 5.27% Pension Funds $2,136,118 $2,090,614 $45,504 2.18% Park/Recreation Fund $3,111,997 $2,943,381 $168,616 5.73% Library $2,650,351 $2,569,415 $80,936 3.15% Seniors $145,011 $142,307 $2,704 1.90% Debt Service Funds $2,531,252 $2,589,806 $(58,554) -2.26% CITY TOTAL $21,032,097 $20,269,822 $762,275 3.76% School District 67 $22,674,807 $21,815,627 $859,180 3.94% GRAND TOTAL $43,706,904 $42,085,449 $1,621,455 3.85% The proposed tax levy for 2004 reflects a 3.76% increase over the 2003 tax levy extensions for the City and Library operating funds and City pension and debt service funds. This increase is in full compliance with the property tax cap limit of a 1.9% increase, plus new growth, which is estimated at 1.3%. Recent legislation allows for the exclusion of special recreation ($225,000) and a portion of the fire pension levy ($19,005) from the tax cap. Both amounts are in the above chart and are further detailed in the attached spreadsheets. The average increase to existing residents will be approximately 2.4% or $64 on an $800,000 home. Recommended Action: Grant First Reading approval of the proposed tax levy ordinance for 2004. (Staff Contact: Kathy Reinertsen 615-4222) December 6, 2004 Agenda Page 3 2. Abating 2004 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Grant First Reading Approval) a) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 1992B General Obligation TIF Bond Issue ($1,655,000.00) b) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 1997A General Obligation (WATERWORKS AND SEWERAGE SYSTEM) Bond Issue ($260,750.00). c) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 1997B General Obligation (PARKING DECK) Bond Issue ($154,185.00) d) An Ordinance Abating the Total Tax Being levied in 2004 for the Annual Payment of the Principal and Interest on the 1998A General Obligation (PARK AND PUBLIC LAND) Bond Issue ($468,917.00). e) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 1999 General Obligation (Cemetery) Bond Issue ($153,888.00). f) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 2001-A General Obligation (Waterworks and Sewerage System) Bond Issue ($618,475.00) g) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 2002-A General Obligation (Waterworks and Sewerage System) Bond Issue ($1,350,633.00) h) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 2003-C General Obligation (Waterworks and Sewerage System) Bond Issue ($159,908.00) i) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 2003-D General Obligation (Storm Sewer) Bond Issue ($256,300.00) j) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 2004-A General Obligation (Golf Course) Bond Issue ($48,325.00) k) An Ordinance Abating the Total Tax Being Levied in 2004 for the Annual Payment of the Principal and Interest on the 2004-B General Obligation (Storm Sewer) Bond Issue ($307,525.00) December 6, 2004 Agenda Page 4 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) $1,655,000.00 $1,655,000.00 $0 1997A G.O. Bonds (WATER) $260,750.00 $260,750.00 $0 1997B G.O. Bonds (PARKING) $154,185.00 $154,185.00 $0 1998A G.O. Bonds (PARKS) $468,917.00 $468,917.00 $0 1999 G.O. Bonds (CEMETERY) $153,888.00 $153,888.00 $0 2001A G.O. Bonds (WATER) $618,475.00 $618,475.00 $0 2002A G.O. Bonds (WATER) $1,350,633.00 $1,350,633.00 $0 2003C G.O. Bonds (WATER) $159,908.00 $159,908.00 $0 2003D G.O. Bonds (STM SEWER) $256,300.00 $256,300.00 $0 2004B G.O. Bonds (GOLF) $48,325.00 $48,325.00 $0 2004B G.O. Bonds (STM SEWER) $307,525.00 $307,525.00 $0 TOTALS $5,433,906.00 $5,433,906.00 $0 These ordinances provide for the abatement of 2004 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 28, 2004. 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, golf fees, 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 18 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) 3. Consideration of an Ordinance Approving a Fee Schedule for The City Of Lake Forest (Final Approval) 8:35 p.m. As part of the budget process, all departments reviewed their user fess. Community Development is undergoing a cost of service study and their fees will be presented at a later date. Golf and boating fees will be presented in January. Total fee increases are estimated to be minimal in the General and Water Fund and $8,000 in the Paid Parking Fund. A copy is attached beginning on page 29. December 6, 2004 Agenda Page 5 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) 4. Consideration Of An Ordinance Amending Ordinance No. 04-75 An Ordinance Establishing The City Of Lake Forest Special Service Area No. 29, and An Ordinance relating to a Special Connect Fee ( Saunders Road Sanitary Sewer System & Potable Water System) (First Reading and Final Approval) 8:40 p.m. This ordinance amends Ordinance No. 04-75 an Ordinance establishing The City of Lake Forest Special Service Area No. 29 (SAUNDERS ROAD SANITARY SEWER SYSTEM & POTABLE WATER SYSTEM) and approves a special tax roll to be used for levying and extending taxes for the payment of principal of and interest on any bonds issued for the purposes set forth in the Establishing Ordinance. A draft ordinance is attached beginning on page 35. The final ordinance will be provided at Monday’s meeting as all of the information will not be known before publication of the council agenda. Recommended Action: (1) Waive first reading and grant final approval to the Ordinance amending Ordinance No. 04-75 an Ordinance establishing The City of Lake Forest Special Service Area No. 29 (Saunders Road Sanitary Sewer System & Potable Water System.) (Staff Contact person: Kathy Reinertsen 615-4222) (2) Waive first reading and grant final approval to the Ordinance Establishing A Special Connection Fee For Potable Water And Sanitary Sewer Service In And Along Saunders Road. 5. Consideration of an Ordinance Providing For the Issuance of $2,000,000 Special Service Area Number 29 (Saunders Road Sanitary Sewer System & Potable Water System) Special Tax Bonds, Series 2004, Of The City Of Lake Forest, Lake County, Illinois, And Providing For The Levy Of A Direct Annual Tax On Taxable Property In Such Special Service Area For The Payment Of Principal Of And Interest On Those Bonds (First Reading and Final Approval) 8:50 p.m. This ordinance authorizes the issuance of $2,000,000 Special Service Area Number 29 (SAUNDERS ROAD SANITARY SEWER SYSTEM & POTABLE WATER SYSTEM) Special Tax Bonds, Series 2004, of The City of Lake Forest, Illinois, and provides for the levy of a direct annual tax on taxable property in such Special Service Area for the payment of principal of and interest on those bonds. The establishment of Special Service Area No. 29 was adopted on November 1, 2004. A draft ordinance is attached beginning on page 52. The bonds will be dated December 20, 2004. The final ordinance will be provided at Monday’s meeting as the best bidder will not be known before publication of the council agenda. December 6, 2004 Agenda Page 6 Recommended Action: Waive first reading and grant final approval to the ordinance authorizing the issuance of $2,000,000 Special Service Area Number 29 (Saunders Road Sanitary Sewer System & Potable Water System) Special Tax Bonds, Series 2004, of The City Of Lake Forest, Illinois, and provide for the levy of a direct annual tax on taxable property in such Special Service Area for the payment of principal of and interest on those bonds. (Staff Contact person: Kathy Reinertsen 615-4222) OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 9:00 p.m. CONSENT AGENDA 9:05 p.m. 1. Approval of the Minutes of the November 18, 2004 City Council Meeting: A copy of the minutes is attached starting on page 80. 2. Consideration of a Resolution Authorizing Membership in a Governmental Self- Insurance Pool (NIPERG) At Alderman Rummel's suggestion and with the assistance of Peter Wright, staff have been exploring opportunities for joint purchasing of certain benefits. We are proposing entering into a pooling arrangement with the Village of Palatine and City of Highland Park to jointly purchase excess liability insurance. The name of the group being created is Northern Illinois Public Entities Risk Group (NIPERG) that will represent a total of nearly 1,000 employees. Attached is a resolution approving the City’s membership in NIPERG. The proposed bylaws, which have been reviewed by legal counsel, and a cover memo from legal counsel engaged by the group are also attached beginning on page 85. 3. Consideration of a Resolution Discontinuing Participation of The City Of Lake Forest in the LML Agreement: A copy of the resolution is attached beginning on page 124. 4. Approval of the 2005 City Council Regular Meetings Schedule: A copy is attached as page 126. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Side Yard Setback Requirement for Property Located at 264 Park Avenue (First Reading and, if desired by the City Council, Final Approval) 9:10 p.m. PRESENTED BY PLANNER PETER COUTANT (604-5655) On November 22, 2004, the Zoning Board of Appeals held a public hearing to consider a request for an interior side yard setback variance for property located at 264 Park Avenue. The petitioner is seeking to improve the exterior appearance of the residence and expand the existing one-car garage into a two-car tandem garage. Only the garage addition requires a variance. The required side yard setback in the R1 Singe Family Residence District is 10 feet. The proposed addition is setback 2.93 feet from the side property line and does not encroach any further than the existing residence. There were no objections from surrounding property owners to this variance request. The Zoning Board of Appeals voted unanimously to recommend approval of the variance as December 6, 2004 Agenda Page 7 submitted. The ordinance, with site plan and findings, is included in the Council packet beginning on page 127. Recommended Action: Waive first reading and grant final Approval of an ordinance authorizing a variance from the side yard setback requirements to allow the proposed addition to be setback 2 feet 6 inches from the east property line. 2. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Side Yard Setback Requirement for Property Located at 1466 North Green Bay Road (First Reading and, if desired by the City Council, Final Approval) 9:15 p.m. PRESENTED BY PLANNER PETER COUTANT (604-5655) On November 22, 2004, the Zoning Board of Appeals held a public hearing to consider a request for an interior side yard setback variance for property located at 1466 North Green Bay Road. The petitioners are proposing to expand their existing residence by constructing a 1 ½ - story addition at the rear of the house. The required side yard setback is 20 feet. A small portion of the addition encroaches into the side yard setback on the north side of the property. The total encroachment into the 20 foot setback is approximately 8 feet 5 inches. Options for alternative locations for the addition are limited due to the configuration of the property and the historic character of the home. Given the configuration of the lot, the proposed addition is consistent with the criteria for a variance and consistent with variances granted to other historic properties to allow updating of the residences to ensure their viability long into the future. There were no objections from surrounding property owners to this variance request. The property owner to the north, who is potentially most impacted by the proposed addition, has expressed support for the project. The Zoning Board of Appeals voted unanimously to recommend approval of the variance as submitted. The ordinance, with site plan and findings, is included in the Council packet beginning on page 134. Recommended Action: Waive first reading and grant final Approval of an ordinance authorizing a variance from the side yard setback requirements to allow the proposed addition to be setback 8 feet from the north property line. 3. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Side Yard Setback Requirement for Property Located at 1091 Meadow Lane (First Reading and, if desired by the City Council, Final Approval) 9:20 p.m. PRESENTED BY PLANNER PETER COUTANT (604-5655) On November 22, 2004, the Zoning Board of Appeals held a public hearing to consider a request for an interior side yard setback variance for property located at 1091 Meadow Lane. The petitioners are proposing to expand their existing modest size residence by constructing a small first floor laundry room/mud room addition on the north side of the residence. The required side yard setback is 20 feet. At the closest point, the existing house is located 9 feet from the north side property line. The proposed addition is setback 12 feet 8 inches from north side property line. There were no objections from surrounding property owners to this variance request. The Zoning Board of Appeals voted unanimously to recommend approval of the variance as submitted. The ordinance, with site plan and findings, is included in the Council packet beginning on page 144. December 6, 2004 Agenda Page 8 Recommended Action: Waive first reading and grant final Approval of an ordinance authorizing a variance from the side yard setback requirements to allow the proposed addition to be setback 12 feet from the north property line. 4. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Front Yard Setback requirement for the Bank Lane Bistro located at 670 Bank Lane and Consideration of a License Agreement to Allow Encroachment into the City’s Right-of-Way 9:25 p.m. IPRESENTED BY DIRECTOR OF COMMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) On January 26, 2004, the Zoning Board of Appeals held a public hearing to consider a request for a front setback variance for the Bank Lane Bistro and unanimously recommended approval. The variance is requested to allow construction of a second floor balcony for outdoor dining. On April 15, 2004, the City Council granted first reading of the ordinance and directed staff to work with the petitioner and the City Attorney to draft a License Agreement that would allow the balcony to extend beyond the property line, into the public right-of-way. After discussion the petitioner has decided to proceed with the plan as originally presented, without the encroachment of the balcony into the right-of-way. The matter is now presented to the Council for final approval consistent with the recommendation of the Zoning Board of Appeals. A copy of the ordinance is attached beginning on page 152. Recommended Action: Approve final reading of an ordinance granting a variance from the front setback to allow construction of a balcony at the Bank Lane Bistro. NEW BUSINESS 1. Continued Discussion on Real Estate Transfer Tax, presented by City Manager Robert Kiely 9:35 p.m. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 10:00 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 711,241.88 530,355.24 1,241,597.12 PAYROLL 924,423.96 118,071.11 1,042,495.07 TOTALS 1,635,665.84 648,426.35 2,284,092.19 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF DECEMBER, 2004: The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the December 2004 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION December 6, 2004 Agenda Page 9 ADJOURNMENT 10:00 p.m. Office of the City Manager December 3, 2004 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.