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CITY COUNCIL 10-21-04THE CITY OF LAKE FOREST COUNCIL AGENDA Thursday, October 21, 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. Proclamation of National Red Ribbon Week The Mayor will proclaim October 23 through October 31, 2004 as “National Red Ribbon Week” in Lake Forest. A copy of the proclamation is attached as page 6. 2. Comments by City Manager 3. Comments by Council Members 7:40 p.m. 4. Council Committee Reports 7:45 p.m. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 7:50 p.m. CONSENT AGENDA 7:55 p.m. 1. Approval of the Minutes of the October 4, 2004 City Council Meeting: A copy of the minutes are attached beginning on page 8. 2. Authorization to Purchase Rock Salt through the State of Illinois Joint Purchasing Agreement for the 2004 – 2005 Winter The State of Illinois requires government agencies desiring to participate in this year’s rock salt bid to complete a Joint Purchasing Requisition. This informs the State of our anticipated needs (2,000 tons) and that funding is available for this purchase. We have budgeted $74,500 for FY2005. Once tabulations are made, the State accepts competitive bids from qualified vendors. The bid for The City of Lake Forest was awarded to Morton International Inc., Morton Salt Division, Chicago, Illinois. Because of the large volume of salt bid by the State, all participating agencies are assured the best possible pricing. The cost per ton for road salt the past ten (10) fiscal years are as follows: AMENDED October 21, 2004 Agenda Page 2 FY95 $26.26 FY98 $28.54 FY01 $27.37 FY04 $32.09 FY96 $27.04 FY99 $28.54 FY02 $31.48 FY05 $32.00 FY97 $27.55 FY00 $26.83 FY03 $31.48 It is recommended that The City purchase rock salt through the State of Illinois Joint Purchasing Agreement for the 2004 – 2005 season. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 1. 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) (Final Approval) 8:00 p.m. PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the October 4, 2004 meeting, the City Council granted first reading of an ordinance approving the Regents Row Development. This project is a mixed use development proposed for vacant property located in the northern portion of the Central Business District. The development will consistent of 20 row houses and two small street front commercial spaces. 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. During the Council’s discussion, staff was requested to follow up on three issues. 1. What is the appropriate contribution from this development toward future storm sewer capacity enhancements that are needed and planned for this area? Staff recommends that a contribution of $108,438 be required from the developer. This contribution is based on the portion of the storm sewer upgrade that would be installed along the Western Avenue frontage of this property. The frontage of this parcel represents 31.8% of the total project which is estimated at #341,000. The developer has indicated an acceptance of this amount through discussions with staff. The contribution will be collected in a series of 20 payments which would be required prior to the issuance of a Certificate of Occupancy permit for each of the row house units. 2. How will future maintenance of the remnant parcel of City land be managed after reconfiguration of the intersection. The Declaration of Covenants for the Owner’s Association will require that at the time that the City no longer has use for the parcel, the Association will be required to implement the approved landscape plan and will be responsible for maintenance of the property on an ongoing basis. The developer has agreed to provide the Association with a deposit that would be available for installation of the landscaping in the future. October 21, 2004 Agenda Page 3 3. How will elevators in the single family homes be inspected. Prior to the issuance of a Certificate of Occupancy for each unit, each elevator will need to pass a final inspection. Annual inspections will be the responsibility of the Owner’s Association. After discussion with the Fire Department, it was determined that City over sight of ongoing inspections of elevators in single family homes is neither the responsibility, nor an appropriate role for the City. Instead, appropriate language will be required in the Declaration of Covenants to ensure that the Association, as opposed to individual property owners, is responsible for scheduling and assuring passage of annual inspections. The conditions of approval in the ordinance beginning on page 14 have been modified to address the above items. Recommended Action: Grant final approval of an ordinance for a Special Use Permit to authorize the Regents Row Development. 2. Consideration of an Ordinance Establishing a Special Service Area for the Regents Row Development (Final Approval) 8:10 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 October 4, 2004 the City Council granted first approval of the Establishing Ordinance for a Special Service Area for the Regents Row Development to support District 67 facilities. The Ordinance is now before the Council for final approval. The necessary waiver of the 60 day period has been received from the property owner. 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 22. Recommended Action: Grant final approval of the Establishing Ordinance for the Special Service Area for the Regents Row development for the purposes of funding public school facilities. October 21, 2004 Agenda Page 4 3. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Side Yard Setback Requirement for Property Located at 651 E. Northmoor Road (First Reading and, if desired by the City Council, Final Approval) 8:15 p.m. PRESENTED BY PLANNER PETER COUTANT (604-5655) On July 26, 2004 and September 27, 2004, the Zoning Board of Appeals held public hearings to consider a request for an interior side yard setback variance for property located at 651 E. Northmoor Road. The petitioners are proposing to expand their existing modest size residence by constructing a two-story addition at the rear of the home. The required side yard setback is 10 feet. At the closest point, the existing house is located 5.42 feet from the west side property line. As proposed, a two story addition will replace the existing one-story addition at the rear of the house. The proposed addition will project five feet beyond the rear of the existing house and is setback 6 feet from west property line. There were no objections from surrounding property owners to this variance request. The Zoning Board of Appeals voted unanimously to recommend approval of the variance as submitted. The ordinance, with site plan and findings, is included in the Council packet beginning on page 31. Recommended Action: Waive first reading, and if desired by the City Council, grant final Approval of an ordinance authorizing a variance from the side yard setback requirements to allow the proposed addition to be setback 6 feet from the west property line. 4. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Front and Rear Yard Setback Requirement for Property Located at 491 E. Ryan Place (First Reading and, if desired by the City Council, Final Approval) 8:20 p.m. PRESENTED BY PLANNER PETER COUTANT (604-5655) On September 27, 2004, the Zoning Board of Appeals held a public hearing to consider a request for a front and rear yard setback variance for property located at 491 E. Ryan Place. The petitioners are proposing to construct a new residence on a vacant lot. A front yard setback variance is required to allow the proposed house to be setback from the street a distance consistent with the prevailing setback of adjacent residences. An accessory structure rear yard setback variance is requested to allow construction of a detached garage at the rear of the lot. The required front yard setback in this district is 40 feet. The average setback of homes along the south side of Ryan Place is approximately 20 feet. As proposed, the new residence is setback 25 feet from the front property line. The required accessory structure setback in the rear yard is 10 feet. The proposed rear yard setback for the garage is 4 ½ feet. In reviewing this request, the Zoning Board recognized that a key aspect to enhancing the neighborhood with infill development is maintaining the prevailing setback patterns of adjacent buildings. In this case, because of the restricted building pad size, construction of a house on this lot would be very difficult without the requested front and rear yard variances. October 21, 2004 Agenda Page 5 There were no objections from surrounding property owners to the proposed variances. The adjacent property owner to the east, 495 Ryan Place, has expressed support for the request. The Zoning Board of Appeals voted unanimously to recommend approval of the variances as proposed. The ordinance, with site plan and findings, is included in the Council packet beginning on page 41. Recommended Action: Waive first reading, and if desired by the City Council, grant final Approval of an ordinance authorizing a variance to allow the proposed residence to be setback 25 feet from the front property line, and to allow a detached garage to be setback 4 ½ feet in the rear property line. 5. Continuation of the Consideration of the Annexation Agreements relating to the Saunders Rd. SSA: This item will be continued to a future City Council meeting. 8:25 p.m. NEW BUSINESS 1. Report on City Finances 8:30 p.m. PRESENTED BY ALDERMAN MICHAEL RUMMEL Alderman Rummel and Director of Finance Kathy Reinertsen will review financial information that responds to various questions that have come up at recent ward meetings. Recommended Action: For information only. ADDITION: 2. Consideration of a Resolution Calling for the Disconnection of the Dalitsch Property by the Village of Mettawa pursuant to the 1994 Lake Forest/Mettawa Boundary Agreement ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9:00 p.m. EXECUTIVE SESSION TO DISCUSS LAND ACQUISITION AND PENDING 9:00 p.m. LITIGATION ADJOURNMENT 10:00 p.m. Office of the City Manager October 14, 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) 615-4271 promptly to allow the City to make reasonable accommodations for those persons.