Loading...
CITY COUNCIL 11-1-04THE CITY OF LAKE FOREST COUNCIL AGENDA Monday, November 1, 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 2. Comments by City Manager 7:40 p.m. A. Report on Elawa Foundation –Presented by Alderman Roger Mohr 3. Comments by Council Members 4. Council Committee Reports OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:00 p.m. CONSENT AGENDA 8:05 p.m. 1. Approval of the Minutes of the October 21, 2004 City Council Meetings: A copy of the minutes will be distributed under separate cover. 2. Approval of a Resolution authorizing the City to enter into a Tree Trimming Agreement with Commonwealth Edison. A copy of the resolution, the agreement, and a list of signed-on communities is attached starting on page 6. The agreement provides for the management of vegetation near electric powers lines. The agreement enhances and codifies the requirements currently provided for in the franchise agreement and does not supercede any local tree protection ordinances. 3. Consideration of the FY04 Treasurer’s Report Pursuant to Illinois State Statute, a Treasurer’s Report must be filed with the City Clerk, the County Clerk, and published within a Lake Forest newspaper within six months after the end of each fiscal year. The report was published in the October 28, 2004 edition of the Lake Forester. A copy is attached beginning on page 26. Recommended Action: Approval of the Consent Agenda as presented. November 1, 2004 Agenda Page 2 ORDINANCES 1. Consideration of a Report and Recommendation from the Plan 8:10 p.m. Commission Pertaining to Annexation, the Application of City Zoning, and Consideration of the Establishment of Special Service Area #29, Relating to Properties in the Saunders Road Area. (First Reading, and if desired by the City Council, Final Approval.) PRESENTED BY ASST. TO THE CITY MANAGER MARCUS PECCIA (615-4287) AND DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) On July 14, 2004, the Plan Commission held a public hearing to consider annexation and the application of City zoning to parcels in the Saunders Road area. The hearing was held to consider a petition for annexation submitted by one of the property owners, and in anticipation of additional petitions being submitted for annexation in response to ongoing negotiations with City staff and the City Attorney. The annexations are proposed in conjunction with the formation of a Special Service Area to allow the extension of sanitary sewer and water to this area. The properties proposed for annexation are each approximately 5 acres in size and are located along Saunders Road, at the western edge of the City, adjacent to the Tollway, and south of Route 60. The area is bordered by single family homes and town homes in Conway Farms to the south and east, and by the Opus office site to the north. Since 1998, eleven properties along Saunders Road have been annexed to the City at the request of the property owners. The annexation of the remaining properties will “clean-up” service delivery inefficiencies and allow for the extension of sanitary sewer and City water. One unincorporated property will remain in this area, the Miller/Swanson parcel which is being addressed through an Annexation Agreement currently being considered by the City Council. The Miller/Swanson parcel is not included in the Special Service Area. The Plan Commission voted to recommend to the City Council annexation of the five properties through a voluntary annexation process if possible, but if not, through involuntary annexation. Petitions for annexation of four of the properties have been voluntarily submitted by the property owners and electors. The remaining property, located at the far south end of Saunders Road is proposed for forcible annexation. The Plan Commission voted to recommend to the City Council the application of the R-3, single family residential zoning district consistent with the actions of the Plan Commission and City Council with respect to properties in this area in 1998. The Commission agreed with previous discussions that given the unique characteristics of the area, at the time of subdivision, proposals for cluster developments and attached dwellings will be considered through the Planned Development process. The Commission further noted that in no case, shall the underlying density permitted in the R-3 zoning district be exceeded. Also relating to this project, the City Council granted first reading approval on June 17, 2004 to the establishing ordinance for Special Service Area #29. The purpose of the Special Service Area is to bring a potable water and sewer system to Saunders Road area residents, which comprise of 16 parcels, 5 of which are currently located in unincorporated Lake County. As there have been no objections filed, staff recommends final approval to the ordinance November 1, 2004 Agenda Page 3 establishing Special Service Area #29. Copies of the resolutions, agreements, ordinances, and other materials are attached beginning on page 36. Recommended Actions: 1. Consideration of resolutions approving annexation agreements for 25735 Saunders, 25606 Saunders, 25364 Saunders and 13691 Woodland. 2. Waive first reading and, if desired by the City Council, grant final approval of ordinances annexing the aforementioned four (4) properties listed in item #1, for which annexation agreements have been signed in accordance with the approving resolutions. 3. Waive first reading, and if desired by the City Council, grant final approval of ordinances rezoning the aforementioned four (4) properties listed in item #1, from the R-5 to R-3 zoning district. 4. Waive first reading, and if desired by the City Council, grant final approval of an ordinance forcibly annexing 25353 Saunders. 5. Final approval of the ordinance establishing Special Service Area #29. 2. Consideration of a Recommendation from the Construction Codes 8:30 p.m. Commission in Support of an Amendment to the Code Relating to Accessibility of Water Meters. (First reading and if desired by the City Council, final approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the direction of the City Council Public Works Committee, the Construction Codes Commission held a public hearing on September 15, 2004 to consider an amendment to Chapter 9 of the City Code relating to accessibility of water meters and associated equipment. The water meter replacement program, currently underway, has raised the issue of concealed, or difficult to access water meters. The proposed Code amendment requires that meters and associated equipment, all property of the City, remain accessible for purposes of repair or replacement. In recognition of situations where homeowners may wish to conceal water meters with paneling or cabinetry, the proposed Code language stipulates that the cost of removal or replacement of interior materials in order to access the water meter and associated equipment, is the responsibility of the homeowner. The Construction Codes Commission voted unanimously to recommend approval of the Code amendment to the City Council and questioned why such language was not previously in the Code. No public comments on this amendment were presented to the Commission. The Ordinance amending the Code is included in the Council packet beginning on page 111. Recommended Action: Waive first reading, and if desired by the City Council, grant final approval to an ordinance relating to accessibility of water meters. November 1, 2004 Agenda Page 4 NEW BUSINESS 1. Continuation of a public hearing on an Annexation Agreement for 8:45 p.m. 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. STAFF CONTACTS: CITY ATTORNEY, VICTOR FILIPPINI AND DIRECTOR OF COMMUNITY DEVELOPMENT, CATHERINE CZERNIAK 847-615-4299 At the October 4, 2004 meeting, the City Council opened the public hearing on this matter to allow public comment on a draft Annexation Agreement for the Amberley Woods property which was prepared at the direction of the City Council. No public comment was presented to the Council at that meeting and the Council continued the hearing to allow the opportunity for review and comment on the draft document. The Annexation Agreement is a follow-up to the tentative conditional approval of the Amberley Woods development plan granted by the City in November 2002. The draft Annexation Agreement is based on representations made by the petitioner to the City’s staff, Plan Commission and City Council at that time. The Annexation Agreement also sets forth specific procedures for completing the review of the 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. Late Tuesday afternoon, (October 26, 2004) City staff received a letter from the property owner’s attorney detailing some concerns with the proposed draft annexation agreement. City staff did not have an opportunity to review the attorney’s letter with the City Attorney prior to finalizing tonight’s agenda last Thursday. Therefore, staff is recommending that this evening the City Council only close the public hearing. The City Attorney will communicate with the property owner’s attorney on the issues raised in his letter prior to bringing this matter back at the November 18 City Council meeting. Recommended Action: Close the public hearing and direct staff to place the matter on the November 18, 2004 City Council agenda. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 8:50 p.m. During the month of October the following amounts were disbursed from the Cashier’s Account: GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES $953,999.92 $118,606.37 $1,072,606.29 PAYROLL $541,119.68 $100,645.06 $641,764.74 TOTALS $1,495,119.60 $219,251.43 $1,714,371.03 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF 8:55 p.m. NOVEMBER, 2004: The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the November 2004 audited accounts. November 1, 2004 Agenda Page 5 ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 9:00 p.m. EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION AND PROPERTY ACQUISITION ADJOURNMENT 9:30 p.m. Office of the City Manager October 29, 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.