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CITY COUNCIL 12-5-05THE CITY OF LAKE FOREST COUNCIL AGENDA Monday, December 5, 2005 7:30 p.m. City Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable S. Michael Rummel, Mayor Tom E. Swarthout, Alderman First Ward Roger J. Mohr, Alderman Third Ward David D. Grumhaus, Jr., Alderman First Ward Timm Reynolds, Alderman Third Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward Stuart M. Widman, Alderman Second Ward John Looby III, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Appointments of Board and Commission Members The following are being recommended for new appointments. Name Board/Commission Term Bob Patterson Legal Committee One Year Bruce Barnett Legal Committee One Year Carla Wyckoff Legal Committee Two Years Andrew Perellis Legal Committee Two Years Paul Lemieux Senior Resources Commission To fill the unexpired term of Robert Jennings (expires 2006); Village of Lake Bluff has already confirmed the appointment. Guy Berg Historic Preservation Commission To fill the unexpired term of Kate Smith (Expires 2006); Also currently serving on Building Review Board. Recommended Action: Approve the new appointments. 2. Comments by City Manager 7:40 p.m. A. Report from Director of Public Safety Michael Hosking and Police Officer Karl Walldorf on Citizen’s Police Academy Graduation Tonight the Police Department is presenting the 10th graduating class of the Lake Forest Citizen's Police Academy since it was first offered in 1999. To date there have been a total of 132 graduates, each who have attended ten (10), three (3) hour classes offered on Wednesday nights. The topics of the classes include Patrol Operations, Investigation and Youth, Communications, Budgeting, Safe handling of weapons, a range practical, DUI enforcement, Traffic Accident Investigation, Crime Prevention, ride-alongs with police officers and a variety of other police related topics. Each year a reunion picnic is held for graduates, and this year Mayor Rummel December 5, 2005 Agenda Page 2 attended the picnic in West Park. Tonight twelve (12) residents or business persons are to be recognized. B. Community Spotlight – Gorton Community Center, presented by Director Gail Hodges C. Discussion on Wi-Fi, presented by Asst. to the City Manager Marcus Peccia 3. Comments by Council Members 8:20 p.m. 4. Council Committee Reports 8:25 p.m. A. Finance Committee Report 1. Consideration of an Ordinance Establishing the Tax Levy for 2005 (Grant Final Reading Approval) PRESENTED BY CHAIRMAN MICHAEL BURNS The annual tax levy must be filed with the County Clerk before the last Tuesday in December. Spreadsheets reviewing the tax levy for 2005 are attached for your consideration. These include: 1) the tax levy limitations under the tax cap, 2) the tax levy distributed by fund without new growth and allowances distributed, 3) the tax levy by fund with new growth and allowances distributed and 4) an explanation of the tax increase to an average homeowner. 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. A summary of the proposed levies is as follows: Fund/Purpose Proposed 2005 Levy 2004 Levy Change 2004 – 2005 $ % City General $10,956,674 $10,477,224 $479,450 4.58% Pension Funds $2,343,212 $2,170,733 $172,479 7.95% Park/Recreation Fund $3,286,332 $3,137,877 $148,455 4.73% Library $2,809,525 $2,688,192 $121,333 4.51% Seniors $151,354 $145,011 $6,343 4.37% Debt Service Funds $2,229,557 $2,600,055 $(370,498) -14.25% CITY TOTAL $21,776,654 $21,219,092 $557,562 2.63% School District 67 $23,641,367 $22,376,698 $1,264,669 5.65% GRAND TOTAL $45,418,021 $43,595,790 $1,822,231 4.18% The proposed tax levy for 2005 reflects a 2.63% increase over the 2004 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 3.3% increase plus new growth. Please note that final growth numbers have been received from Lake County so the levy has been December 5, 2005 Agenda Page 3 increased by $15,895 from the first reading. Legislation allows for the exclusion of special recreation ($262,476) and a portion of the fire pension levy ($23,162) from the tax cap. Both amounts are in the above chart and are further detailed in the attached spreadsheets beginning on page 11. The average increase to existing residents will be approximately 1.2% or $31 on an $800,000 home. Recommended Action: Grant Final Reading approval of the proposed tax levy ordinance for 2005. (Staff Contact: Kathy Reinertsen 615-4222) 2. Abating 2005 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Grant Final Reading Approval) PRESENTED BY FINANCE CHAIRMAN MICHEL BURNS a) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 1992B General Obligation TIF Bond Issue ($1,745,000.00) b) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 1997B General Obligation (PARKING DECK) Bond Issue ($154,025.00) c) An Ordinance Abating the Total Tax Being levied in 2005 for the Annual Payment of the Principal and Interest on the 1998A General Obligation (PARK AND PUBLIC LAND) Bond Issue ($468,355.00). d) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 1999 General Obligation (Cemetery) Bond Issue ($154,375.00). e) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 2001-A General Obligation (Waterworks and Sewerage System) Bond Issue ($602,800.00) f) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 2002-A General Obligation (Waterworks and Sewerage System) Bond Issue ($1,632,983.00) g) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 2003-C General Obligation (Waterworks and Sewerage System) Bond Issue ($158,358.00) h) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 2003-D General Obligation (Storm Sewer) Bond Issue ($253,500.00) i) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 2004-A General Obligation (Golf Course) Bond Issue ($48,325.00) December 5, 2005 Agenda Page 4 j) An Ordinance Abating the Total Tax Being Levied in 2005 for the Annual Payment of the Principal and Interest on the 2004-B General Obligation (Storm Sewer) Bond Issue ($304,025.00) 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) $1,745,000.00 $1,745,000.00 $0 1997B G.O. Bonds (PARKING) $154,025.00 $154,025.00 $0 1998A G.O. Bonds (PARKS) $468,355.00 $468,355.00 $0 1999 G.O. Bonds (CEMETERY) $154,375.00 $154,375.00 $0 2001A G.O. Bonds (WATER) $602,800.00 $602,800.00 $0 2002A G.O. Bonds (WATER) $1,632,983.00 $1,632,983.00 $0 2003C G.O. Bonds (WATER) $158,358.00 $158,358.00 $0 2003D G.O. Bonds (STM SEWER) $253,500.00 $253,540.00 $0 2004B G.O. Bonds (GOLF) $48,325.00 $48,325.00 $0 2004B G.O. Bonds (STM SEWER) $304,025.00 $304,025.00 $0 TOTALS $5,521,746.00 $5,521,746.00 $0 These ordinances provide for the abatement of 2005 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 27, 2005. 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 23. Recommended Action: Grant Final 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 8:30 p.m. For The City Of Lake Forest (Final Reading) PRESENTED BY CHAIRMAN MICHAEL BURNS At the November 7, 2005 City Council meeting, first reading was granted to the attached fee ordinance. The demolition tax and legal cost escrow deposit have been removed and will be considered separately. Total fee increases are December 5, 2005 Agenda Page 5 estimated to be $53,000 in the General Fund. A $1,314 increase is estimated in the Paid Parking Fund, $2,904 in the Parks and Recreation Fund and $29,601 in the Golf Fund. A copy is attached beginning on page 33. Recommended Action: Grant final reading 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 8:40 p.m. CONSENT AGENDA 8:45 p.m. 1. Approval of the Minutes of the November 17, 2005 City Council Meetings: The minutes are attached starting on page 43. Recommended Action: Approve the Consent Agenda as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning 8:50 p.m. Board of Appeals for a Variance from the Side Yard Setback Requirements for Property Located at 1305 W. Deerpath (First Reading and, if desired by the City Council, Final Approval) PRESENTED BY SENIOR PLANNER PETER COUTANT (604-5655) On November 28, 2005, the Zoning Board of Appeals held a public hearing to consider a request for side yard setback variances to allow construction of a second floor addition to the residence located at 1305 W. Deerpath. The surrounding neighborhood is zoned R-5, which requires 50-foot side yard setbacks. The existing house is nonconforming and setback approximately 13 feet from the east and west side property lines. The proposed second floor addition is located over the center section of the house and setback 27 feet from the east and west side property lines. The proposed setback is greater than the required setbacks for all other zoning districts other than the R-5 classification. At the public hearing, the Zoning Board heard public testimony from the adjacent neighbor at 1321 W. Deerpath. A copy of the neighbor’s letter is included in the Council packet. The neighbor identified several concerns including potential impact to light, air and privacy, existing drainage and trees and an increase in construction congestion along the street. Many of the neighbor’s initial concerns were addressed at the public hearing. In addition, the Board has recommended three conditions of approval regarding tree preservation, the staging and parking of construction vehicles, and the enhancement of landscape screening between properties in a further effort to address the concerns identified by the neighbor. The Zoning Board of Appeals unanimously recommended approval of the variance request. The Ordinance, including the findings of fact and site plan, is included in the packet beginning on page 49. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing variances to allow the proposed addition to be setback 27 feet from the east and west side property lines. December 5, 2005 Agenda Page 6 2. Consideration of a Recommendation from the Plan Commission 8:55 p.m. to Adopt an Inclusionary Housing Ordinance as a mechanism to provide for Affordable Housing Opportunities in Lake Forest. (Final Approval) PRESENTED BY SENIOR PLANNER PETER COUTANT (604-5655) At the September 6, 2005 City Council meeting, the Council approved first reading of the Inclusionary Housing Ordinance. Based on comments received from the Council and at the direction of the City Attorney, the ordinance was refined and presented to the Council on November 7, 2005, for information only. Since then, staff met with Senior Cottage Foundation and Senior Center representatives and has incorporating their input into a final draft, which is included in the Council’s packet beginning on page 61. A summary and blackline copy of the ordinance will be distributed to the Council under separate cover. Background At the direction of the Ad Hoc Housing Committee of the City Council, which was established in 2003 for the purpose of finding ways to promote and produce affordable housing opportunities, in particular for seniors within the community, the Plan Commission has drafted code language for the adoption of an Inclusionary Housing Ordinance. Inclusionary housing ordinances have become a popular tool nationwide for addressing the shortage of affordable housing by requiring developers to reserve a certain percentage of new residential development as affordable units. In exchange for producing the affordable units, a variety of cost off-sets are available to the developer. In summary, the proposed ordinance applies to all new residential developments that contain 5 or more multi-family dwelling units, including condominium, townhouse, or duplex-type units; developments consisting of single-family detached dwellings are excluded from the ordinance. In a covered development, at least 15% of the units are required to be affordable units. In exchange for constructing the units on the site of the development, the ordinance provides the developer with cost off-sets in the form of fee waivers and density bonuses for each affordable unit. On March 9, 2005, April 13, 2005, and June 8, 2005 the Plan Commission considered this matter and heard public testimony. A draft ordinance was developed by the Commission and modified in response to public testimony and additional input from the Ad Hoc Housing Committee. On June 8, 2005, the Commission voted unanimously to recommend approval of the Inclusionary Housing Ordinance to the City Council, recognizing that further revisions may occur based on City Council and City Attorney input. Recommended Action: Grant final approval of the Inclusionary Housing Ordinance. 3. Report on Amberley Woods Update 9:10 p.m. PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI The final plat and final development plan for the Amberley Woods development at Route 60 and Saunders Road is scheduled for hearing before the Plan Commission on December 14, 2005. Although there is no City Council action required at this time, the staff wanted to re- December 5, 2005 Agenda Page 7 introduce this matter to the Council and provide an updated version of the draft annexation agreement related to this development, which begins on page 80 of the packet. Also, a memorandum from the City Attorney is included (beginning on page 78) that sets forth an anticipated timeline for further actions and approvals. Appropriate notices for the January 3, 2006 City Council meeting will be prepared and sent regarding the annexation agreement hearing and annexation of the Amberley Woods property. Recommended Action: For information only. 4. Consideration of an Ordinance Affirming and Readopting all Existing 9:25 p.m. Codes and Ordinances of The City of Lake Forest pursuant to its Home Rule Authority (First Reading, and if desired by the City Council, Final Approval) PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI In November 2004, the voters in Lake Forest conferred home rule authority upon the City. Under Illinois law, a home rule municipality has the power to enact measures without prior authorization of the State Legislature. Prior to becoming a home rule municipality, the City had enacted numerous ordinances and codes pursuant to its statutory and special charter authority. Although the City had authority for such prior actions, the City Attorney has recommended that the City clearly articulates that those same laws are its undertakings as a home rule unit. Attached beginning on page 150 of the packet is a draft ordinance to accomplish this end. Recommended Action: Waive first reading, and if desired by the City Council, grant final approval to an ordinance affirming and readopting all existing codes and ordinances to its Home Rule Authority. NEW BUSINESS 1. Authorization to Approve the Purchase of Live Scan Fingerprint 9:30 p.m. Equipment PRESENTED BY COMMANDER GLENN BURMEISTER AND DIRECTOR OF PUBLIC SAFETY MICHAEL HOSKING (847-615-4242) In June of 2000 the Lake Forest Police Department purchased its first Live Scan Fingerprint Equipment. This technology allows a police department to take inkless fingerprints and transmit them electronically to the Illinois State Police as well as the Federal Bureau of Investigation. A person's identify is verified and a complete criminal history is obtained with a few short minutes. The original equipment was purchased for approximately $68,200.00 with the help of an $18,000 grant from the Illinois State Police and a $5000 grant from the Abbott Fund. Technology advances since 2000 has required the manufacturer and Illinois State Police to stop supporting this equipment effective January 1, 2006. Federal funds from the Byrne Grant were set aside to upgrade the electronic submission of fingerprints. The Illinois Criminal Justice Information Authority is administering a grant program to assist departments in upgrading and replacing their current equipment. The Lake Forest Police Department was notified that a 75% grant in the amount of $36,365.00 has been granted with a 25% match from the municipality of $12,122.00. This grant will allow the police department to replace its current technology as well as upgrade the use of a scanner to allow the submission of palm prints and the capability to transmit and receive mug shots December 5, 2005 Agenda Page 8 electronically. The State of Illinois has accepted the Identix Corporation, Minnetonka, Minnesota as a sole source vendor. (Contract CICE-900668.) Recommended Action: Approve the acceptance of the grant and the purchase the Live Scan Fingerprint Equipment. Staff further recommends that the City Council contingency funds pay the balance of the 25% portion in the amount of $12,122.00. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 9:35 p.m. During the month of October the following amounts were disbursed from the Cashier’s Account: GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES $116,192.30 $116,192.30 $116,192.30 PAYROLL $116,192.30 $116,192.30 $116,192.30 TOTALS $116,192.30 $116,192.30 $116,192.30 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF NOVEMBER 2005 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the December 2005 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:45 p.m. Office of the City Manager December 2, 2005 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.