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CITY COUNCIL 7-16-07 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Monday, July 16, 2007 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 Thomas H. Morsch, Jr., Alderman Third Ward David D. Grumhaus, Jr., Alderman First Ward Greg C. Hanrahan, Alderman Third Ward Stuart M. Widman, Alderman Second Ward John A. Looby III, Alderman Fourth Ward Robert C. Elliott, Alderman Second Ward Deborah T. Haddad, Alderman Fourth Ward PLEDGE OF ALLEGIANCE PUBLIC HEARING ON THE CITY’S ANNUAL APPROPRIATION ORDINANCE REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Mayor 2. Comments by City Manager 7:40 p.m. 3. Comments by Council Members 7:45 p.m. 4. Council Committee Reports 7:55 p.m. A. Consideration of the Annual Appropriation Ordinance for FY2008 and Approval of Rollovers (Final Approval) PRESENTED BY FINANCE COMMITTEE CHAIRMAN ALDERMAN GRUMHAUS While the annual municipal budget represents The City’s financial “plan” for expenditures over the course of the fiscal year, the annual Appropriation Ordinance is the formal legal mechanism by which the City Council authorizes the actual expenditures of funds budgeted in the annual budget. It appropriates specific sums of money by object and purpose of expenditures. State statutes require the passage of an Appropriation Ordinance which must be filed with the County Clerk by the end of July. The Appropriation ordinance provides for a 10% “contingency” in the expenditures in an amount above those actually budgeted. Each separate fund includes an item labeled “contingency” with an appropriate sum equivalent to 10% of the total funds budgeted. This practice has been followed for the past twenty-six years and has worked very efficiently, while still providing for complete City Council control over budgeted expenditures. Importantly, The City Council and City staff follows the adopted budget as its spending guideline, not the Appropriation Ordinance. Without the contingency, the City Council would have to pass further modifications to the amended Appropriation Ordinance to cover any unforeseen expenditures exceeding the budget. In addition, in order to provide more accurate and efficient accounting and budgeting of City funds, an annual rollover of funds is required. This eliminates both under and over budgeting of funds in the new fiscal year and is a widely used standard practice for most municipal governments. The majority of items on the attached rollover list consist of projects that were appropriated in FY2007 and will not be completed until FY2008. School District 67 does not recognize the Appropriation Ordinance in their budgeting or auditing standards. However, due to the fact they are a special charter district, their budget must be included in our Appropriation Ordinance. Summary of the Amounts Appropriated from the Several Funds The City of Lake Forest Fund Rollover Budget Total Appropriation General $ 25,395 $ 29,540,133 $ 29,565,528 $ 32,522,080 Fire Pension 0 1,064,200 1,064,200 1,170,620 Police Pension 0 1,419,200 1,419,200 1,561,120 Emergency Telephone 0 313,177 313,177 344,495 Park and Public Land 97,128 1,471,263 1,568,391 1,725,230 Senior Resources Commission 0 556,684 556,684 612,352 Motor Fuel Tax 0 1,280,000 1,280,000 1,408,000 Park and Recreation 0 6,673,411 6,673,411 7,340,752 Special Recreation 0 313,000 313,000 344,300 Cemetery Commission 0 754,909 754,909 830,400 Elawa Farm – Operating 0 40,150 40,150 44,165 The City of Lake Forest Fund Foreign Fire Insurance Rollover 0 Budget 225,000 Total 225,000 Appropriation 247,500 Drug Asset Forfeiture 0 5,000 5,000 5,500 Alcohol Asset Forfeiture 0 10,000 10,000 11,000 Public Library 0 3,366,282 3,366,282 3,702,910 West Lake Forest TIF 0 663,100 663,100 729,410 2003A Bond – Rt. 60 62,366 170,754 233,120 256,432 SSA 29 – Saunders Road 9,731 154,073 163,804 180,184 Capital Equipment Reserve 0 332,000 332,000 365,200 Capital Improvement 67,464 6,370,426 6,437,890 7,081,679 Rt. 60 Bridge 0 884,585 884,585 973,044 Rt. 60 Intersection 0 179,655 179,655 197,621 Rt.60 Academy Woods Imp 0 91,898 91,898 101,088 MS Building 0 8,977,000 8,977,000 9,874,700 2007 Bond Rt. 60 0 1,750,000 1,750,000 1,925,000 Rt. 60 Fitzmorris 0 1,535,777 1,535,777 1,689,355 Water and Sewer 0 7,606,978 7,606,978 8,367,676 San Sewer/Wtr Imp 2003C Bd 50,000 64,047 114,047 125,452 Paid Parking 0 3,999,624 3,999,624 4,399,586 Water and Sewer Capital Fund 0 2,466,953 2,466,953 2,713,648 Deerpath Golf Course 0 1,463,165 1,463,165 1,609,482 Fleet 0 1,348,237 1,348,237 1,483,061 Self Insurance 0 3,465,000 3,465,000 3,811,500 Sub-total $ 312,084 $ 88,555,681 $ 88,867,765 $ 97,754,542 School District 67 Educational $ 0 $ 24,710,771 $ 24,710,771 $ 24,710,771 Operations, Building and Maintenance 0 3,844,174 3,844,174 3,844,174 Site and Construction 0 320,000 320,000 320,000 IMRF/Social Security 0 640,680 640,680 640,680 Transportation 0 1,062,126 1,062,126 1,062,126 Sub-total 0 30,577,751 30,577,751 30,577,751 Grand Total $ 312,084 119,133,432 119,445,516 128,332,293 Rollover Only Storm Sewer 2004B Bonds $ 18,190 Total $ 18,190 The Annual Appropriation Ordinance for FY2008 and Approval of Rollovers begins on page 7. Recommended Action: Grant final approval of the ordinance and the rollovers. A copy of the ordinance is available for review by the public in the City Clerk’s office. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 8:05 p.m. Approval of the Minutes from the July 2, 2007 Council Meeting A copy of the minutes is attached beginning on page 19. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Plan 8:10 p.m. Commission in Support of Final Approval of a Plat of Subdivision for the Thorndale Manor Subdivision and Approval of the Associated Special Use Permit. (Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT, CATHERINE CZERNIAK (847-615-4299) On March 21, 2007, the Plan Commission held a final public hearing on the Thorndale Manor Subdivision and voted unanimously to recommend approval of the final subdivision plat and approval of the associated Special Use Permit to the City Council. The City Council previously granted tentative approval of this subdivision on May 18, 2006. Since that time, the required plans and documents have been finalized. The property proposed for subdivision totals 19 acres and is located at 1510 N. Green Bay Road, on the west side of Green Bay Road, at the northern boundary of the Lake Forest City limits. During the tentative approval phase of this subdivision, the Plan Commission held several public hearings and had extensive discussions which led to modifications of the plan ultimately resulting in the 7-lot configuration which is now presented to the Council for final action. The recommended plan preserves the historic estate on a 6 acre parcel and reduces the number of new lots from 9 as proposed earlier in the process, to 6. The plan is intended to preserve the wooded character of the property and the Declaration of Covenants for the subdivision will establish architectural guidelines above and beyond the City’s requirement for review and approval of each new home in the historic district by the Historic Preservation Commission. The conditions of approval as recommended by the Plan Commission are included in Special Use Permit Ordinance which is in the Council’s packet beginning on page 28. Since this property is located within the City’s Historic Residential and Open Space Preservation District, a Special Use Permit is required in conjunction with approval of the subdivision. If final approval is granted by the City Council, staff will work with the petitioner to prepare the plat and documents for recording upon satisfaction of all of the conditions of approval and payment of all associated fees. Recommended Action: (A) Approve a motion granting final approval of the subdivision plat for the Thorndale Manor Subdivision. (B) Waive first reading and grant final approval of a Special Use Permit Ordinance to authorize the subdivision within the Historic Residential and Open Space Preservation District. 2. Consideration of an Ordinance Proposing the Establishment 8:15 p.m. of a Special Service Area for the Thorndale Subdivision and Providing for a Public Hearing and Other Procedures in Connection Therewith. (First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) On July 2, 2007 the City Council is considering a request for final approval of the Thorndale Subdivision. If the Council takes action to approve the subdivision, it would be appropriate for the Council to also approve the proposing ordinance for a Special Service Area that would be established for the newly created lots in this development to support District 67 facilities. Since the enactment of an intergovernmental agreement between the City and District 67 in 1994, significant developments, including the Middlefork Farm and Stonebridge subdivisions and the Regents Row, Amberley Woods and Willow Lake Farm developments have made payments to the district’s Facility Development Fund based on the density of the developments and the anticipated impacts on the public schools. School District representatives have met with the developer of the Thorndale Subdivision to discuss the proposed development and its likely impact on the school district and have reached agreement on the particulars of the Special Service area for this development. The City is not involved in these negotiations, but provides the mechanism for establishing the Special Service Area. If the City Council approves the Proposing Ordinance, City staff will work with District representatives to finalize the Establishing Ordinance and bring it to the Council for public hearing and action. The Proposing Ordinance for the Special Area for the Thorndale Subdivision is included in the council packet beginning on page 37. Recommended Action: Waive first reading, and if desired by the City Council, grant final approval of the Proposing Ordinance for the Special Service Area for the Thorndale Subdivision for the purpose of funding public school facilities. 3. Consideration of a Report and Recommendation from the Zoning Board of Appeals for Variances from the Lot-in-Depth Setback and 8:20 p.m. Steep Slope Setback Requirements for Property Located at One Stonegate Road. (First Reading and if desired by the City Council, Final Approval) PRESENTED BY ASSISTANT PLANNER MEGAN O’NEILL (615-4587) Mr. and Mrs. Smith, property owners at One Stonegate Road, petitioned the Zoning Board of Appeals on May 29, 2007 to request variances from the lot-in-depth zoning setback and steep slope setback requirements to allow the relocation of an existing garage and an addition and alterations within the required setback areas. This property is a lot-in-depth located in the R-4 Single Family Residence District. The required setback from all property lines is 50 feet. Currently the house is non-conforming with respect to both the zoning setback requirements and the steep slope setback requirements. The existing house is setback approximately 12.5 feet from the north property line. The majority of the existing structure is located within the steep slope setback area. The petitioner is proposing to relocate the existing garage to be setback approximately 11 feet from the north property line. A 10-foot wide City-owned access easement is located to the north of the property providing an additional open space buffer between the structure and the neighboring property line. Due to the existing non-conforming situation, there will be minimal additional visual impact resulting from this request beyond what currently exists. The petitioner is also proposing an addition and alteration to a portion of the residence located within the steep slope setback area. The City Engineer has reviewed the request and supports the proposed addition and alterations within the steep slope setback area as there will be no negative impact to the bluff area. Due to the location of this property within the Historic District, this project required review and approval by the Historic Preservation Commission. The Historic Preservation Commission reviewed this project on two occasions and on June 27, 2007 the Commission voted unanimously to grant a Certificate of Appropriateness to allow the proposed addition and alteration with a building scale variance. On May 29, 2007 the Zoning Board of Appeals voted unanimously to recommend approval of the requested variances. There were no objections from surrounding property owners heard at any of the public hearings associated with this request. An ordinance, with site plan and findings is included in the Council packet beginning on page 45. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing the requested variances to allow the setback of the rotated garage to be no closer than 11 feet from the north property line and the proposed addition and alteration to the rear façade and a portion of the rotated garage to be constructed within the steep slope setback area as indicated on the site plan submitted by the petitioner. 4. Consideration of a Report and Recommendation from the Plan 8:25 p.m. Commission in Support of A Special Use Permit to Allow a Real Estate Office, Prudential Preferred Properties, to Occupy First Floor Space at 778 N. Western Avenue (First Reading) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (847-615-4299) On June 13, 2007, the Plan Commission held a public hearing to consider a request for a Special Use Permit to allow a real estate office to locate in the B-3 zoning district at 778 N. Western Avenue. Real Estate offices, banks and various other non-retail uses are not permitted by right in the City’s business districts, but may be permitted as special uses based on findings by the City Council that the applicable criteria for a Special Use Permit are satisfied. At the June 13th public hearing, the Plan Commission heard a presentation from the petitioner with supporting testimony from various parties on this request. After closing the public hearing, the Commission voiced general support for the request and directed staff to prepare findings and conditions of approval consistent with the Commission’s discussion. Copies of the Commission’s report, correspondence that was presented to the Commission, and the minutes of the meeting are included in the Council packet as background. At the regular Plan Commission meeting on July 11, 2007, the Commission considered the findings and conditions of approval prepared by staff at the direction of the Commission. After some modifications, the Commission voted unanimously to recommend approval of the request for a Special Use Permit to the City Council. The findings and the conditions of approval as recommended by the Commission will be delivered under separate cover. The Commission acknowledged that with respect to the payment in lieu of on site parking spaces, it is within the City Council’s purview to determine whether payment should be made based directly on the parking requirements in the Code, or whether a reduction in the standard requirements are appropriate in any particular situation. It is also under the City Council’s purview to set the specific cost per parking space based on current construction costs if payment in lieu of providing on site parking is authorized by the Special Use Permit. Recommended Action: Grant first reading of an Ordinance authorizing the location of Prudential Preferred Properties real estate office in the B-3 district at 778 Western Avenue subject to conditions of approval. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 8:35 p.m. Office of the City Manager July 13, 2007 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. July 16, 2007 Agenda Page 6