Lake County Gazette

 

City of Lake Forest City Council met Feb. 3.

Here is the agenda provided by the council:

CALL TO ORDER AND ROLL CALL 6:30pm

PLEDGE OF ALLEGIANCE

REPORTS OF CITY OFFICERS

1. COMMENTS BY MAYOR

A. Swear in Police Officers

- Ashley Molinari

- Sam Sineni

- Zachary Styx

2. COMMENTS BY CITY MANAGER

A. 2020 Census Update

- Michelle Friedrich, Community Development

3. COMMITTEE REPORTS

FINANCE COMMITTEE

1. Consideration of an Ordinance approving a Fee Schedule Adjusting Water Rates for

FY2021 (First Reading)

STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)

PURPOSE AND ACTION REQUESTED: Staff requests that the City Council grant first reading of an Ordinance amending the City’s Fee Schedule setting forth the rates for water service effective May 1, 2020.

BACKGROUND/DISCUSSION: The City’s Water and Sanitary Sewer Fund is designated as an enterprise fund, thereby receiving no subsidy or property tax revenue to operate. Therefore, the user fees established for water and sanitary sewer services must be sufficient to pay all operating, capital and debt service costs associated with the utility. The long term financial forecast for the Water and Sanitary Sewer Fund provides for an annual increase in revenue of 2.5% to support inflationary cost increases, largely driven by personnel expenses.

The City’s current water rate methodology is to set rates based on a rolling five year average of water consumption, a blended rate with both fixed and variable fees, and a desire to maintain overall revenue at 20% fixed/80% variable. It should be noted that although only 20% of the revenue is fixed, approximately 90% of the utility costs are fixed and will not vary based on water consumption. Summer weather conditions dramatically impact the City’s annual water revenue and budget variances as much as $1million can occur in any given year, requiring the City to maintain a large fund balance to provide rate stability year to year. For the current fiscal year, water fund revenue is projected to fall $650,000 short of budget projections.

Another challenge with rate setting for water consumption is an overall nationwide trend of reduced consumption. Consumers are more mindful of the need for water conservation and plumbing fixtures such as toilets and showers are increasingly intended to reduce water consumption.

This general downward trend in consumption forces rates higher to generate the revenue

The City Council Finance Committee reviewed water consumption, water rate methodology and options for water rate adjustments at its November 12 budget workshop and again on January 21. Based on Committee input and a desire to mitigate the impact of water rate adjustments on low volume users, the rate structure identified on January 21 as “Option 3” has been incorporated into the proposed ordinance and fee schedule.

PROJECT REVIEW/RECOMMENDATIONS:

BUDGET/FISCAL IMPACT: Annual revenue for the increased fees is projected to total $174,875 overall, achieving a 2.5% increase in projected revenue for FY2021. Estimated impacts on varying classes of customers are as follows (actual results will vary based on consumption):

COUNCIL ACTION: Grant first reading to the proposed ordinance. (page 13)

4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS.

5. ITEMS FOR OMNIBUS VOTE CONSIDERATION

1. Resolution of Sympathy for former Zoning Board of Appeals Member and Lake Forest Day Parade Organizer, Vincent P. Dolan

A copy of the Resolution can be found beginning on page 34. COUNCIL ACTION: Approval of the Resolution of Sympathy

2. Resolution of Sympathy for former City Engineer, Ronald Behm. A copy of the Resolution can be found beginning on page 35.

COUNCIL ACTION: Approval of the Resolution of Sympathy

3. Resolution of Sympathy for former Building and Zoning Department Director, Byron Prais.

A copy of the Resolution can be found beginning on page 36. COUNCIL ACTION: Approval of the Resolution of Sympathy

4. Approval of the January 21, 2020 City Council Meeting Minutes

A copy of the minutes can be found beginning on page 37.

COUNCIL ACTION: Approval of the January 21, 2020 City Council Meeting Minutes.

5. Approval of the Check Register for the Period of December 28, 2019 to January 24, 2020

STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612)

BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on the City treasury for the payment of all sums due from the City (including all warrants relating to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments which denotes the person to whom the warrant is payable. The warrant list detail of invoice payments shall be presented for review to the Chairperson of the City Council Finance Committee for review and recommendation. All items on the warrant list detail recommended for payment by the Finance Committee Chairperson shall be presented in summary form to the City Council for approval or ratification. Any member of the City Council shall, upon request to the City Manager or Director of Finance, receive a copy of the warrant list detail as recommended by the Finance Committee Chairperson. The City Council may approve the warrant list as so recommended by the Finance Committee Chairperson by a concurrence of the majority of the City Council as recorded through a roll call vote.

The Council action requested is to ratify the payments as summarized below. The associated payroll and invoice payments have been released during the check register period noted.

Following is the summary of warrants as recommended by the Finance Committee Chairperson:

The “All other Funds” subtotal includes $459,056 in expenses for the Self Insurance Fund related to the City’s medical/dental plan.

COUNCIL ACTION: Approval of the Check Register for the Period of December 28, 2019 to January 24, 2020

6. Approval of Ordinances Abating 2019 Tax Levies for Various G.O. Alternate Revenue Bond Issues (Final Approval)

PRESENTED BY: Elizabeth Holleb, Finance Director (847-810-3612)

PURPOSE AND ACTION REQUESTED: Staff requests final approval of ordinances abating 2019 tax levies.

BACKGROUND/DISCUSSION: The proposed Ordinances provide for the abatement (reduction) of 2019 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 2019 bond tax levies, an abatement ordinance must be approved and filed with the County Clerk no later than March 1, 2020. The abatement of these general obligation alternate revenue bonds is possible due to the fact these bond funds have an adequate revenue source from water sales, golf fees, sales tax and/or TIF increment. Therefore, the general obligation tax levy can be abated as was planned at the time the bonds were issued. The abatement ordinances are generally considered at the same time as the property tax levy, but was delayed this year to reflect changes associated with the 2019 bond refunding in December.

The proposed Ordinances (beginning on page 43) are as follows:

• An Ordinance Abating the Total Tax being Levied in 2019 for the Annual Payment of the Principal and Interest on the 2011 General Obligation Series 2011-A Refunding Bond Issue

• An Ordinance Abating a Portion of the Tax being Levied in 2019 for the Annual Payment of the Principal and Interest on the General Obligation Bonds, Series 2015 Bond Issue

• An Ordinance Abating a Portion of the Tax being Levied in 2019 for the Annual Payment of the Principal and Interest on the General Obligation Bonds, Series 2017 Bond Issue

• An Ordinance Abating a Portion of the Tax being Levied in 2019 for the Annual Payment of the Principal and Interest on the General Obligation Bonds, Series 2019 Refunding Bond Issue

BUDGET/FISCAL IMPACT: A summary of the proposed tax levy abatements is provided below: 2019 Debt Service Levy and Abatements

Reflects impacts of 2019 Refunding Bond Issue

Please note that the 2019 Bond Refunding reduced the 2019 debt service levy by $91,929 from the amounts presented to the City Council at the time the 2019 property tax levy was approved. The overall City tax levy increase will be 4.35% over the prior year, instead of 4.64%.

COUNCIL ACTION: Grant final approval of the Ordinances abating tax levies for various general obligation bond issues.

7. Consideration of a Recommendation from Staff to Authorize Reimbursement to Lake Forest Open Lands’ Association for Plantings in the Middlefork Savanna. (Approval by Motion)

STAFF CONTACT:

Catherine Czerniak, Director of Community Development (810-3504)

PURPOSE AND ACTION REQUESTED: City Council authorization is requested to allow the use of funds received from the Chicago Bears to support tree planting on Lake Forest Open Lands’ Association property located east of the Milwaukee North Metra railroad tracks and west of Elawa Farm, generally east of the Chicago Bears’ Training Facility.

BACKGROUND/DISCUSSION: In 2019, significant facility enhancements were completed at the Chicago Bears’ Halas Hall Facility. The facility is located on the west side of the railroad tracks, west of the Middlefork Savanna. As part of the enhancements, a large area on the Bears’ Campus was cleared for two new practice fields. Many of the trees removed were low quality and undesirable species however, a total of 2,156 inches of heritage trees were removed.

Prior to any tree removal and later, at various times throughout the course of the project, City staff met with representatives of Lake Forest Open Lands Association and the Lake County Forest Preserves District to discuss adding trees on the east side of the rail road tracks to, over time, enhance the screening looking to the west from Elawa Farm and the surrounding area. As routinely happens for any project involving tree removal, replacement for quality tree inches removed is made through one or more of the following: on site plantings, a payment in lieu of on site plantings and other activities determined to enhance the overall natural environment. A multi-pronged replacement approach was used for the Bears project with replacement plantings both on and off the site.

Ø 780 tree inches were replanted around the perimeter of the cleared area, on the Bears’ property.

Ø Invasive species were removed on approximately five acres of adjacent Forest Preserves District property outside of the Bears’ project area.

Ø Wetlands and bioswales were enhanced beyond standard requirements.

Ø Plantings occurred outside of the project area, on the Bears’ property, to screen other

portions of the Bears’ Facility.

Ø Reserve inches were banked to provide for infill plantings and replacement of trees

and vegetation that fails to thrive as determined by semi-annual inspections to be conducted by the City’s Certified Arborist over a five year period after completion of the project.

Ø A payment in lieu of on-site plantings in the amount of $61,400 was made to the City to support plantings off site on properties owned by the Forest Preserves District, Lake Forest Open Lands’ Association and the City.

In January, 2019, the City Council approved a reimbursement of up to $20,000 to the Lake County Forest Preserves District for tree planting on the District’s property, east of the new practice fields. The second phase of the tree planting initiative involves Lake Forest Open Lands’ Association. Council approval is now requested to authorize a similar reimbursement to Open Lands for additional plantings in the area. The plantings are occurring in a coordinated fashion, in a manner that preserves and protects the open vistas across the prairie, while offering the opportunity, as the trees grow, for increased screening of the Bears’ facility and the railroad tracks.

The reimbursement to Lake Forest Open Lands’ Association will only occur after satisfactory documentation of the cost of plant materials and labor is submitted to the City. Like the reimbursement already authorized for the Forest Preserves District, the reimbursement to Lake Forest Open Lands’ Association will be funded by the payment received from the Bears.

After the plantings are completed by both the Forest Preserves District and Lake Forest Open Lands, the area will be re-evaluated and as appropriate, additional plantings in appropriate area will be considered using the remaining funds from the Bears’ payment in accordance with the City’s purchasing policies.

BUDGET/FISCAL IMPACTS: Funds for reimbursement to Lake Forest Open Lands’ Association will be drawn from the payment in-lieu of on site plantings received from the Bears. This money is dedicated to funding replacement plantings.

COUNCIL ACTION: If determined to be appropriate by the City Council, approve a motion authorizing reimbursement to Lake Forest Open Lands’ Association in an amount not to exceed $20,000 for plantings generally in the area west of Elawa Farm for the purpose of enhancing screening, over time, of views to the west. Reimbursement will be made only after documentation of expenses for plant material and labor are received, reviewed and approved by the City.

8. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval)

STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504)

PURPOSE AND ACTION REQUESTED: The following recommendation from the Zoning Board of Appeals is presented to the City Council for consideration as part of the Omnibus Agenda.

BACKGROUND/DISCUSSION: 1078 Edgewood Road – The Zoning Board of Appeals recommended approval of a variance from the corner side yard setback to allow an infill addition connecting second story spaces in the residence and the garage. (Board vote: 6 - 0, approved)

The Ordinance approving the petition as recommended by the Zoning Board of Appeals, with key exhibits attached, is included in the Council packet beginning on page 47. The Ordinance, complete with all exhibits, is available for review in the Community Development Department.

COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of the Ordinance approving the petition in accordance with the Zoning Board of Appeals’ recommendation.

COUNCIL ACTION: Approval of the eight (8) Omnibus items as presented

6. ORDINANCES

1. Consideration of a Recommendation from the Plan Commission in Support of Tentative and Final Approval of the Margaret M. and Hampton M. Swift Memorial Planned Preservation Subdivision and Approval of the Associated Special Use Permit. (If desired by the Council, waive first reading and grant final approval of the ordinance.)

STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504)

PURPOSE AND ACTION REQUESTED: Consideration of a recommendation from the Plan Commission in support of approval of a plat of subdivision creating four lots on a 3.8 acre parcel in full conformance with the applicable zoning district. The property is located in an established neighborhood, west of Washington Road, between Walnut Road and Westminster.

BACKGROUND/DISCUSSION: The Plan Commission considered the proposed subdivision at a public hearing held over the course of three months. Public testimony was presented in support of a conventional subdivision on the property, with lots configured in keeping with the character of the neighborhood. Each of the four lots as proposed exceed the minimum required lot size and all setbacks as reflected on the plat of subdivision meet, and in some cases exceed, the required setbacks in the R-3 District. Increased setbacks are proposed on Lots 2 and 3 to respect the existing topography on the site, preserve the character of the streetscape and protect significant and healthy trees.

The property was previously the site of a single family home, located at the high point on the property. The Swift family lived in the home for many decades. The Swift heirs, over the course of several years, have considered how best to move the property forward. The proposed four lot subdivision provides new homes sites, within walking distance of the train station, library, Gorton Community Center, and near restaurants and stores in the Central Business District. To date, interest in the properties that will be created through the proposed subdivision has been significant.

The Plan Commission’s discussion focused on lot configurations, setbacks, tree preservation, driveway placement, streetscape character, drainage and retaining, to the extent possible, the existing topography. The plat reflects increased setbacks and notes relating to the topics discussed. After deliberation, the Plan Commission voted 6 to 0 to recommend final approval of the proposed Margaret M. and Hampden M. Swift Memorial Subdivision and approval of the associated Special Use Permit to the City Council. The Plan Commission’s report and the approving Ordinance, with key exhibits attached, are included in the Council packet beginning on page 54. Findings in support of the resubdivision are detailed in the Ordinance. The Ordinance with the complete attachments is available for review in the Community Development Department.

BUDGET/FISCAL IMPACTS: The proposed subdivision will generate impact fees for both the City and School District. Construction of four new homes will result in permit and service connection fees and property tax revenues.

COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance granting tentative and final approval of the Margaret M. and Hampton M. Swift Planned Preservation Subdivision and approval of the associated Special Use Permit as recommended by the Plan Commission.

2. Consideration of an Ordinance Amending Chapter 110 of the City Code Regarding Permits and Fees for Special Event and Commercial Filming Requests (First Reading)

PRESENTED BY: Layla Werner, Administrative Intern (810-3677)

PURPOSE AND ACTION REQUESTED: City staff is seeking approval of first reading of an Ordinance amending Chapter 110 of the Lake Forest City Code establishing permit standards and fees for commercial filming application and special event permit requests.

BACKGROUND/DISCUSSION: The Office of the City Manager is responsible for providing general customer service and policy oversight of various permit and business license processes. One business process that has recently undergone a comprehensive review, which began in August of 2019, is the City’s Commercial Filming Policy. This policy outlines guidelines and requirements for conducting commercial filming activities within the community. To assist in the review of the policy, the Department established an internal work group consisting of members from various departments to investigate the Policy and permit process. This process is similar to the method used when the City adopted revisions to the Special Events Policy, and Administrative Directive, in 2016.

Similarly, in 2016, when staff conducted a comprehensive review of the special events policy, the working group found that current commercial filming practices do not align with current policy within the City Code. The draft Ordinance reaffirms the City’s intent to require a permit, establish procedures and to adopt fees to regulate these requests can be found on page 72. The Ordinance requires that applicants must seek a City-issued permit for their requested activities, as well as, maintain compliance with procedures set forth by the City Manager.

Current discussions regarding the existing commercial filming policy suggest moving toward a “tiered” permit model, similar to special events. An updated Administrative Directive will allow the City Manager’s office to establish different classes of permits based on the complexity of the request. For example, “Class A” filming requests that would require closure of streets, parking lots, or that would otherwise cause a substantial impact on public safety or access will require City Council approval, and would be subject to higher permit costs to cover the additional coordination and pre-approval efforts they require. The definitions for the classifications will be identified in the updated Directive.

BUDGET/FISCAL IMPACT: City staff is proposing the addition of eight (8) separate fee changes for commercial filming permits, which consist of separate application, permit, and security deposit amounts using a tiered structure approach. Proposed fee changes for special events were previously considered as part of the fee schedule for FY2021, Ordinance 2019-47, approved in December 2019. The amount of commercial filming applications has steadily increased over the past five-year period. Over the past nine (9) months, five (5) commercial filming projects have taken place in the City. The current fee structure includes a $25 application fee, and reimbursement of special city services (e.g. police/fire personnel, barricades, signage, etc.) that the City provides.

Overall, City staff has found that filming operations are becoming more complex and impactful on both City resources and properties adjacent to where these activities take place. They often require an extensive review process in order to ensure activities remain compliant with both the Policy and general zoning regulations. Requests for the usage and access of public property, as well as, police and fire services in reviewing applications has increased. However, the current fee structure and increased amount of guidance to applicants is often greater than what the current fees charge for processing, reviewing, and coordinating commercial film applications.

In a review of adjacent and regional municipalities found the current fees The City has implemented are well below market for applicable filming application and permit fees. To this end, the City proposes increasing the application fee, and establishing new permit fees based on three “classes” of filming requests.

Proposed Fee Changes for Filming Permits

The application cost proposed is reflective of the amount of time, including meetings with applicants prior to application submittal and processing of the submittal requirements. The proposed permit costs are inclusive of administrative time spent on preparation for the filming event, as well as, additional meetings with impacted departmental staff members (e.g. police, fire, community development, streets, etc.) and the applicant. Staff calculated the proposed rates based on staffing and personnel costs for those involved in reviewing, and authorizing commercial filming permits. The flat application and permit cost rates, based on the classification of the filming activities proposed, are easier to administer and ensure for an equitable recovery of the City’s true costs. In conjunction with these fees, the City would still receive reimbursement for any additional City services provided to support the filming activity, which are addressed in the Administrative Directive. This cost is inclusive of any Police and Fire personnel that may be requested or required, which is not included in the application and permit costs as stated above.

Based on research conducted by City staff, these fee adjustments are in line with other municipalities film fee structures and administrative policies.

COUNCIL ACTION: Consideration of an Ordinance Amending Chapter 110 of the City Code Regarding Permits and Fees for Special Event and Commercial Filming Requests (First Reading)

7. OLD BUSINESS

9. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS

10. ADJOURNMENT

https://www.cityoflakeforest.com/assets/1/27/CC_2020_02_031.pdf