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CITY COUNCIL 10-4-04 THE CITY OF LAKE FOREST COUNCIL AGENDA Monday, October 4, 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 A. Public Hearing on an Annexation Agreement for Property Located on the South Side of Route 60, Between Conway Farms Drive and Saunders Road, to Allow Development of the Property with the Amberley Woods Development Upon the Satisfaction of the Terms of the Annexation Agreement 7:35 p.m. STAFF CONTACTS: CITY ATTORNEY, VICTOR FILIPPINI AND DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) Based on direction from the City Council, the City has published the statutorily required notice for a public hearing tonight on an Annexation Agreement for the Amberley Woods Development. A draft Annexation Agreement has been prepared for City Council and public discussion during the hearing. The draft document included in the Council packet on page 6 is still under review by staff, City Council members, and the City Attorney, and further modifications are anticipated. City Council action on the Agreement is not requested at this time. This Annexation Agreement is a follow-up to the conditional approval of the Amberley Woods development plan granted by the City in November 2002. The draft Annexation Agreement is based on representations made to the City at the time of the conditional approval of the development plan. The material changes that have been made to the plan since conditional approval in November 2002 have neither been accepted, nor approved by the City. The Annexation Agreement also sets forth specific procedures for completing the review of final plans for the Amberley Woods development to ensure that the various responsible bodies in the City retain their proper discretion in evaluating such final plans. Recommended Action: Open the public hearing and hear public comments on the draft Annexation Agreement. The Council may choose to close or continue the public hearing, depending on the comments received. In addition, the Council can provide the City Attorney and staff with any direction regarding the future consideration for approval of the Annexation Agreement. B. Resolution of Sympathy for Barry Fitzgerald October 4, 2004 Agenda Page 2 2. Comments by City Manager 8:00 p.m. A. Community Spotlight – Lake Forest College, presented by Dr. Steve Schutt B. Report on Everett Bike Trail Grant C. Introduction of New LEADERS Program to 5th and 7th Graders, presented by Director of Public Safety Michael Hosking D. Report on Siren Testing, presented by Deputy Chief Bob Grum E. Consideration of Real Estate Advisory Services 3. Comments by Council Members 4. Council Committee Reports OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:30 p.m. CONSENT AGENDA 8:35 p.m. 1. Approval of the Minutes of the September 16, 2004 City Council Meetings: A copy of the minutes is attached starting on page 70. 2. Proclamation for A Safe Place Recognizing Domestic Violence Awareness Month: A copy of the Proclamation is attached beginning on page 78. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 1. Consideration Of An Ordinance Amending Chapter 2: Administration, of The City Code, Establishing Procedures For Increases To Tax Rates, Fees and Charges (Final Approval) 8:40 p.m. PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271) In the course of discussing the advantages and disadvantages of home rule for the community, the concern was raised about the City Council increasing taxes, fees, or charges without adequate public comment. In order to alleviate those fears, the City Council directed staff to prepare an ordinance that formalizes the process and procedures that it uses whenever these types of increases are contemplated. The proposed ordinance, which was approved on first reading at the September 7, 2004 City Council meeting, sets forth a requirement that any increase in proposed taxes, fees, or charges will be considered on not less than two City Council agendas, and any such increase will require a super majority (two-thirds) vote of the City Council to pass. A copy of the proposed ordinance is attached beginning on 81. Recommended Action: Grant final reading to an ordinance amending Chapter 2: Administration of The City Code, establishing procedures for increases to tax rates, fees, and charges. October 4, 2004 Agenda Page 3 2. Consideration of a Report and Recommendation from the Plan Commission Regarding a Request for a Special Use Permit to Allow Development of Vacant Property Located on the West Side of Western Avenue, Between Woodland Road and Laurel Avenue. (Regents Row Development, Blanchard Property) (First Reading) 8:45 p.m. STAFF CONTACT: DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) The Regents Row Development is a mixed use development proposed for long vacant property located in the northern portion of the Central Business District. The development would consistent of 20 row houses and two small street front commercial spaces. The development is modeled on successful row house developments often found in more urban locations and would bring residential units back into the Central Business District and provide a type of residential unit that is not currently available in Lake Forest. In its consideration of this petition, the Plan Commission recognized that this is exactly the type of project that was envisioned by the Commission during its extensive work on the Central Business District in recent years. This project is presented to the City Council for consideration of a Special Use Permit. As authorized under the Planned Development provisions in the Code, a floor area ratio, exceeding that permitted by right in the applicable zoning district, can be requested through the Special Use Permit process. All other aspects of this project are consistent with, or exceed, the requirements of the Zoning Code. The project was first presented to the Plan Commission in March of this year. Based on direction received from the Commission, the petitioner refined the project and finalized the engineering, landscaping and other technical aspects of the development. The project received final approval from the Building Review Board in June 2004 subject to several conditions of approval that require future review of landscaping, lighting and signage. With all the necessary work completed, the project was presented to the Plan Commission on August 11, 2004 for action. The Commission voted unanimously to recommend approval of the Special Use Permit for the project subject to conditions of approval. The minutes of the Plan Commission meetings detail the extensive Commission discussion of this project and are included in the Council packet as background information. The ordinance authorizing a Special Use Permit and the conditions of approval as recommended by the Plan Commission are being sent under separate cover. In addition, as a separate item on the City Council’s agenda, the Establishing Ordinance for a Special Service Area for the Regent’s Row Development is presented for first reading. If first reading is approved, both ordinances will be returned to the City Council for final action at the next City Council meeting. The time between first and final reading will allow final review of the various documents and the submission of a waiver of the protest period by the property owner. Recommended Action: Grant first reading of an ordinance for a Special Use Permit to authorize the Regents Row Development. October 4, 2004 Agenda Page 4 3. Consideration of an Ordinance Establishing a Special Service Area for the Regents Row Development (First Reading) 9:00 p.m. PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) This matter is being presented to the City Council concurrently with the recommendation from the Plan Commission for approval of the Regents Row development. On September 7, 2004 the City Council approved the Proposing Ordinance for a Special Service Area for the Regents Row Development to support District 67 facilities. The Establishing Ordinance for that same Special Service Area is now before the City Council for first reading. Final approval of this Ordinance will occur concurrently with overall approval of the Regents Row development. Since the enactment of an intergovernmental agreement between the City and District 67 in 1994, significant developments including the Middlefork Farm and Stonebridge Subdivisions have made payments to the District’s Facility Development Fund based on the density of the developments and the anticipated impacts on public schools. District representatives have met with the developer of Regents Row to discuss the proposed development and its likely impacts 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. The Establishing Ordinance for the Special Service Area for Regents Row is included in the Council packet beginning on page 83. Recommended Action: Grant first reading of the Establishing Ordinance for the Special Service Area for the Regents Row development for the purposes of funding public school facilities. NEW BUSINESS 1. Policy Recommendation for the Inventory, Sale, Lease and Retention of Public Property 9:05 p.m. PRESENTED BY ASSISTANT CITY MANAGER CHRISTOPHER MARTIN (615-4281) The City of Lake Forest is the owner of real property that is used for various purposes. As public service needs change, the requirements for these properties may be revised, and on occasion certain parcels may be found to be in excess of the City's current and future needs. The purpose of this policy is to establish a procedure whereby unused or marginally used City- owned real estate is reviewed for its potential public or private use. The Planning and Preservation Committee created this Policy over several meetings and in context with a review of all city owned parcels (not including rights-of-way). Key elements include: ! Annual inventory and designation of all City owned property. ! “Notice of Intent” for whenever the Council chooses to sell city property. ! Provisions for determining value and negotiating the sale of city property. ! Provisions for vacating City property. ! Guidelines for leasing City Property. October 4, 2004 Agenda Page 5 This Policy was discussed in detail at the Committee of the Whole meeting on September 16, 2004. Changes are noted on the policy starting on page 92. The Policy will be included in the City’s Administrative Directives once approved by the City Council. Recommended Action: Motion to approve a Policy for the Inventory, Sale, Lease, and Retention of Public Property. 2. Continuation of the Consideration of the Annexation Agreements relating to the Saunders Rd. SSA: This item will be continued to the October 21, 2004 meeting. 9:15 p.m. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 9:20 p.m. During the month of September the following amounts were disbursed from the Cashier’s Account: GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES $565,378.08 $250,431.60 $815,809.68 PAYROLL $969,670.75 $121,652.28 $1,091,323.03 TOTALS $1,535,048.83 $372,083.88 $1,907,132.71 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF OCTOBER, 2004: The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the October 2004 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9:20 p.m. ADJOURNMENT 9:20 p.m. Office of the City Manager October 1, 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.