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CITY COUNCIL 7-7-08 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Monday, July 7, 2008 7:30 p.m. City Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable S. Michael Rummel, Mayor David D. Grumhaus, Jr., Alderman First Ward Thomas H. Morsch, Jr., Alderman Third Ward Kent E. Novit, Alderman First Ward Greg C. Hanrahan, Alderman Third Ward Stuart M. Widman, Alderman Second Ward John A. Looby III, Alderman Fourth Ward Renard Goltra, Alderman Second Ward Robert T. Palmer, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Appointment of Monica Ruggles to the Building Review Board to Fill the Unexpired Term of John Hamilton B. Resolution of Appreciation Recognizing the 150th Anniversary of Sacred Heart Education A copy of the Resolution is attached beginning on page 9. Recommended Action: Adoption of the Resolution. 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. Consideration of a Report and Recommendation from the Laurel and Western Avenues Redevelopment Committee PRESENTED BY COMMITTEE CHAIRMAN AND 3RD WARD ALDERMAN TOM MORSCH The Laurel and Western Avenues Redevelopment Committee has completed its work. This Committee was appointed by the Mayor in August, 2007 and charged with establishing some broad parameters to guide the future redevelopment of the City’s 10 acre Municipal Services property. The work of the Committee represents only the very early stages of planning for redevelopment of the City parcel. The Committee’s report is provided as under separate cover material as part of the Council packet. The report begins with an executive summary which lists the development parameters recommended by the Committee as a framework for redevelopment of the property. Ultimately, review and approval of final redevelopment plans presented by the selected developer will be required by the Plan Commission, Building Review Board and City Council as part of the normal City review process. The contract extension for S.B. Friedman is included in the Council packet beginning on page 11. The original proposals for consultant assistance with the Laurel and Western Avenues redevelopment project were reviewed by the Planning and Preservation Committee. S. B. Friedman's original consulting services proposal totaled $317,330.  At the direction of the Planning and Preservation Committee, S.B. Friedman modified the original proposal, essentially creating a phased approach to the project. Phase I of the S.B. Friedman contract was approved by the City Council on March 16, 2007 for $105,095. A copy of the minutes from the Planning and Preservation Committee’s discussion is included in the Council packet along with a spread sheet comparing the proposals originally received.   Recommended Action: The report of the Committee is now before the City Council with a request for action on three items. Acceptance of the Committee’s report. Extension of the City’s contract with S.B. Friedman to authorize S.B. Friedman to provide assistance with the preparation of the Request for Qualifications and Request for Proposal documents and the developer review and selection process. Appointment of a Proposal Review Team for work with the consultants and staff through the RFQ and RFP process and return a recommendation to the City Council. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 8:30 p.m. 1. Approval of the Minutes of the June 16, 2008 Regular Council Meetings A copy of the minutes will be sent out under separate cover via email. 2. Approval of Authorized Invoices and Payrolls During the month of June the following amounts were disbursed from the Cashier’s Account: GENERAL FUND WATER TOTALS INVOICES $893,246.29 $156,273.33 $1,049,519.62 PAYROLL $1,753,874.05 $189,854.02 $1,943,728.07 TOTALS $2,647,120.34 $346,127.35 $2,993,247.69 The motion is for the approval of Authorized Invoices and Payrolls for June 2008. 3. Authorization of Treasurer’s Warrants to Meet Expenses of July, 2008 The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the July 2008 audited accounts. 4. Acceptance of Public Improvements for the Park Lane Subdivision The City of Lake Forest and Carroll International entered into a Subdivision agreement in which Carroll International was to install certain public improvements for the Park Lane Subdivision. These improvements are now complete and Carroll International has paid all City fees and posted financial guarantees for the two (2) year maintenance period. The Recommended Action is to Accept and Approve the public improvements. 5. Acceptance of Public Improvements for the OPUS Landmark Phase 2 Office Building located at 150 S. Saunders Road The City of Lake Forest and OPUS Landmark entered into an improvement in which OPUS was to install certain public improvements for the OPUS Landmark Phase 2 office building. These improvement are now complete and OPUS Landmark has paid all City fees and posted financial guarantees for the two (2) year maintenance period. The Recommended Action is to Accept and Approve the public improvements. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning 8:35 p.m. Board of Appeals to grant variances from the side yard setback requirements at 450 E. Illinois Road (First Reading and, if desired by the City Council, Final Approval) PRESENTED BY ASSISTANT PLANNER MEGAN O’NEILL (615.4587) On June 23, 2008, the Zoning Board of Appeals held a public hearing to consider the request for variances from the R-3 setback regulations to allow construction of an addition to the rear of the residence at 450 E. Illinois. The existing house was built prior to the existing zoning and is non-conforming with respect to the current requirement for a 15 foot side yard setback. The house is located approximately 11 feet from the north property line and 7 feet from the south property line as measured to the edge of the eave overhang. The proposed addition will not encroach into the respective side yards any more than the existing condition. The hardship supporting this request is due to the change in zoning regulations since the existing house was built and is not a hardship created by any property owner. The one-story addition is designed with a low pitched roof form to minimize views from neighboring properties. This property is within the Historic District and the Historic Preservation Commission granted a Certificate of Appropriateness for the addition and alteration with a Building Scale Variance on June 25, 2008. This project was modified in response to public comments on an earlier proposal presented to the Historic Preservation Commission. No public comment was heard at either hearing regarding this revised request. The Zoning Board of Appeals voted unanimously to recommend approval of the requested variances. The Ordinance and associated exhibits are included in the packet beginning on page 14. Recommendation: Waive first reading and grant final approval of the Ordinance to allow the proposed addition be setback no less than 11 feet from the north property line and 7 feet from the south property line. 2. Consideration of a Report and Recommendation from the Zoning 8:45 p.m. Board of Appeals to grant a variance from the front yard setback requirements at 805 N. Summit Avenue (First Reading and, if desired by the City Council, Final Approval) PRESENTED BY ASSISTANT PLANNER MEGAN O’NEILL (615.4587) On June 23, 2008, the Zoning Board of Appeals held a public hearing to consider the request for a variance from the R-1 setback regulations to allow construction of an open porch addition to be setback no less than 32 feet from the front property line at 805 N. Summit Avenue. The existing residence at 805 Summit Avenue was built to comply with the regulations of the R1 zoning district and is setback further from the street than other homes. Other homes on the street were built prior to the existing zoning regulations. The Zoning Board of Appeals found that maintaining a consistent front yard setback along the street is important to preserving the character of a neighborhood and creates a cohesive streetscape. By conforming to the 40 foot setback, construction of this home actually created a gap in the streetscape. The porch is designed in a manner that is consistent with the design standards in the Code and will help integrate the existing home into the streetscape. The proposed front porch is an open, one-story structure, not a solid mass, and will not impair light, vent or views from neighboring properties. In this case, the hardship in complying with the prevailing setback is a result of a zoning change made to the area after the establishment of a less restrictive front yard setback by the older homes in the area. There were no objections from surrounding property owners to this request. The Zoning Board of Appeals voted unanimously to recommend approval of the requested variance. The Ordinance and associated exhibits are included in the packet beginning on page 23. Recommendation: Waive first reading and grant final approval of the Ordinance to allow the proposed front porch addition be setback no closer than 32 feet from the west (front) property line. PUBLIC HEARING FOR THE ANNUAL APPROPRIATION ORDINANCE FOR FY2009 AND APPROVAL OF ROLLOVERS AS REQUIRED BY STATE STATUTE 3. Consideration of the Annual Appropriation Ordinance for FY2009 8:55 p.m. and Approval of Rollovers (First Reading) PRESENTED BY FINANCE COMMITTEE CHAIRMAN DAVID 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-seven years and has worked very efficiently, while still providing for complete City Council control over budgeted expenditures. Importantly, The City Council and City staff follow 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 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 FY2008 and will not be completed until FY2009. In addition, the City Council subsequently approved funding of $500,000 for the Rt. 60 Community Park. Also, $230,000 has been added for the Michigamme Lane water main and $155,000 for storm sewer lining. These two projects will be brought to the City Council when the contracts need to be approved. 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 and Additions Budget Total Appropriation General $ 509,000 $ 31,758,276 $ 32,267,276 $ 35,494,004 Fire Pension 0 1,376,060 1,376,060 1,513,666 Police Pension 0 1,644,953 1,644,953 1,809,448 Emergency Telephone 0 373,956 373,956 411,352 Park and Public Land 112,913 1,092,383 1,205,296 1,325,826 Senior Resources Commission 0 591,621 591,621 650,783 Motor Fuel Tax 26,669 2,495,000 2,521,669 2,773,836 Parks and Recreation 2,488 6,846,640 6,849,128 7,534,041 Special Recreation 0 264,671 264,671 291,138 Cemetery Commission 6,046 698,029 704,075 774,483 Elawa Farm – Operating 0 84,193 84,193 92,612 Foreign Fire Insurance 0 125,000 125,000 137,500 Drug Asset Forfeiture 0 10,000 10,000 11,000 Alcohol Asset Forfeiture 0 30,000 30,000 33,000 Public Library 0 3,557,324 3,557,324 3,913,056 West Lake Forest TIF 92,235 2,199,464 2,291,699 2,520,869 SSA 29 – Saunders Road 0 158,369 158,369 174,206 Capital Improvement 89,624 3,907,661 3,997,285 4,397,014 Storm Sewer – 2004B Bonds 155,000 115,000 270,000 297,000 Rt. 60 Bridge 0 926,911 926,911 1,019,602 Rt. 60 Intersection 0 163,520 163,520 179,872 Rt.60 Academy Woods Imp 0 168,522 168,522 185,374 MS Building 0 18,939,000 18,939,000 20,832,900 2008 Bond Rt. 60 0 1,889,300 1,889,300 2,078,230 Rt. 60 Fitzmorris 0 1,629,602 1,629,602 1,792,562 Water and Sewer 0 7,544,269 7,544,269 8,298,696 Water and Sewer Capital Fund 238,146 1,946,000 2,184,146 2,402,561 Deerpath Golf Course 0 1,493,574 1,493,574 1,642,931 Fleet 0 1,562,255 1,562,255 1,718,481 Self Insurance 0 3,667,000 3,667,000 4,033,700 Sub-total $ 1,232,121 $ 97,258,553 $ 98,490,674 $ 108,339,743 School District 67 Education $ 0 $ 26,986,975 $ 26,986,975 $ 26,986,975 Operations, Building and Maintenance 0 4,747,227 4,747,227 4,747,227 Capital Projects 0 1,940,749 1,940,749 1,940,749 IMRF/Social Security 0 665,438 665,438 665,438 Working Cash 0 20,000 20,000 20,000 Transportation 0 1,093,664 1,093,664 1,093,664 Sub-total $ 0 $ 35,454,053 $ 35,454,053 $ 35,454,053 Grand Total $ 1,232,121 $ 132,712,606 $ 133,944,727 $ 143,793,796 Rollover Only San Sewer/Wtr Imp 2003C Bd $ 12,112 Total $ 1,244,233 Recommended Action: Approval of the first reading of the ordinance and the rollovers. A copy of the ordinance is available for review by the public in the City Clerk’s office. Rollovers are listed on page 32 of the packet. 4. Consideration of a Code Amendment to Chapter 49 (Public Nuisances) 9:00 p.m. Section 15 (Maintenance of Property) as it Relates to Management of Vegetation (Final Approval) PRESENTED BY CODE ENFORCEMENT OFFICER PAUL PETERSEN (847-283-8546) At the June 16th City Council meeting, the Council approved first reading of an ordinance clarifying and adding specificity to the City Code as it relates to yard maintenance. The ordinance is now before the City Council for final approval. Due to the current economic climate, an increased number of residential properties in the City are unoccupied this spring. As a result, the City is receiving a greater number of complaints about over grown and uncared for lawns. City staff is responding to these complaints and in most cases, property owners are responsive. However in a few circumstances, the owners are difficult to locate or do not take action as requested. The existing Code requires maintenance of yards, but does so in broad language rather than specifying exactly at what point lawns become “overgrown”. The amended language specifies that grass and weeds in excess of 8” in height constitute a violation of the City ordinance. The language exempts natural areas and areas established as no-mow areas in developments. The ordinance amending the Code is included in the Council packet beginning on page 33. Recommended Action: Grant final approval of an ordinance amending Chapter 49 (Public Nuisances) Section 15 (Maintenance of Property) as it relates to management of vegetation. NEW BUSINESS 1. Award of Contract to Business Districts, Inc. (BDI) for Market Research 9:10 p.m. and Data Analysis PRESENTED BY ECONOMIC DEVELOPMENT COORDINATOR SUSAN KELSEY (847-615-3522) The Market Research and Data Analysis will provide background information for both the Economic Development program and the newly created Lake Forest Business Districts Task Force. Specifically, Lake Forest retail and restaurant businesses will benefit from the analysis with the production of a customer profile and a detailed analysis of the Lake Forest retail marketplace. The results will provided Lake Forest business owners with specific information on the market segments (residents, employees, students and age-specific information) and will provide customer information that will assist the business owners in shaping their product/service mix, based on the results of survey information and focus groups. The research and data will specifically provide the following: Tenant Attraction Data - by purchasing data from Experian, Urban Land Institutes, International Council of Shopping Centers and the Illinois Department of Transportation, the data will be customized by BDI to recruit new businesses to Lake Forest. Information will be uniquely customized with aerial maps, demographics, identification of businesses and site requirements. Survey Analysis – BDI will cross tabulate the results of 2008 Online Retail Survey and suggest specific policies to improve the districts. These policies will be available for task force discussion and distribution to Lake Forest retailers. Interview & Survey Property Owners – The Task Force will have access to written interviews with property owner reports and online survey information yielding comprehensive data and rental rates. Conduct Five (5) Focus Groups – Follow-up to the 2008 Retail Survey will be complete with the five last focus groups, exploring responses to questions of shopping and community use by longtime residents, new residents, families with children, residents with home-based businesses and employees. The Student Focus Group results have already been completed and distributed. Recommended Action: It is recommended that the Contract for Market Research and Data Analysis for the Economic Development program and background for the Lake Forest Business Districts Task Force be awarded to (BDI) for an amount not to exceed $18,250. A copy of the contract is attached beginning on page 36. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 9:20 p.m. Office of the City Manager July 3, 2008 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 7, 2008 Agenda Page 8