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CITY COUNCIL 1-3-06THE CITY OF LAKE FOREST COUNCIL AGENDA Tuesday, January 3, 2006 7:30 p.m. City Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable S. Michael Rummel, Mayor Tom E. Swarthout, Alderman First Ward Roger J. Mohr, Alderman Third Ward David D. Grumhaus, Jr., Alderman First Ward Timm Reynolds, Alderman Third Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward Stuart M. Widman, Alderman Second Ward John Looby III, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Resolution for Reverend George J. Rassas, Former Pastor of the Church of St. Mary: A copy of the resolution is attached on page 6. B. Resolution for Catherine Warren, Miss Illinois USA 2006: A copy of the resolution is attached on page 7. C. Resolutions of Appreciation for Kate Smith and Bob Jennings for serving on City Commissions: A copy of the resolutions is attached beginning on page 8. 2. Comments by City Manager 7:40 p.m. 3. Comments by Council Members 7:45 p.m. 4. Council Committee Reports 7:50 p.m. A. Finance Committee Report 1. Consideration of a Resolution Regarding a Real Estate Transfer Tax PRESENTED BY FINANCE COMMITTEE CHAIRMAN ALD. MICHAEL BURNS In March, 2005 the voters narrowly defeated a referendum to establish a real estate transfer tax. The establishment of this tax had been discussed and debated throughout the discussion and eventual approval of home rule status in November, 2004. The purpose of the tax would be to finance improvements to the City’s infrastructure (roads, sidewalks, sewers, etc.) that cannot be financed through current revenues. Over the past nine months the City Council and staff investigated other potential new sources of revenues now available due to home rule status. In looking at these different fees and charges, (Head Tax, Sales Tax, Food and Beverage Tax, etc.), no other tax or charge can generate the level of revenue that a real estate transfer tax can, with the exception of an increase in the property tax levy. January 3, 2006 Agenda Page 2 As with the previous referendum question, the City Council must decide two questions: 1) Should the tax be paid by the buyer or the seller?; and 2) At what rate should be tax be set at? As was the case in the previous referendum, the staff would recommend that the tax be applied to the buyer of property and a rebate of $2,000 be granted to any resident purchasing another residential property in town. The flat rebate amount was determined to be the most equitable and easiest to administer. The tax rate in the March, 2005 referendum was set at $5.00/$1,000. This means that a tax on an $800,000 home would have been $4,000. Based on an annual property sales volume of $400 million, this would have generated between $1.6 and $1.8 million for capital infrastructure needs. In anticipation of a number of new residential units to be constructed over the next few years, and hopefully making the referendum more palatable to certain segments of the community that have objected to the implementation of a real estate transfer tax, staff would suggest the City Council consider a rate between $3.50/$1,000 to $4.00/$1,000. Conservatively, this would generate additional revenue in the range of $1.25 and $1.4 million for capital improvements in the community. Importantly, this will likely not fund the entire estimated five- year capital infrastructure budget (which was projected to be approximately $1.6 to $1.8 million annually) and will require the City Council and staff to remain diligent in reducing on-going expenses and prioritizing capital projects on an annual basis. Attached beginning on page 10 is a draft resolution that would place a question on the March 21, 2006 ballot regarding enactment of a real estate transfer tax on residential and commercial property in The City of Lake Forest. Recommended Action: Approve the resolution regarding a real estate transfer tax to be placed before the voters on the March 21, 2006 ballot. B. Planning and Preservation Committee Report OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:05 p.m. CONSENT AGENDA 8:10 p.m. 1. Approval of the Minutes of the December 5, 2005 City Council Meetings: The minutes are attached starting on page 12. 2. Approval of a Resolution for the Release of Closed Session Minutes, pursuant to the Illinois Open Meetings Act: A copy of the resolution is attached beginning on page 20. January 3, 2006 Agenda Page 3 3. Resolution Authorizing City Undertakings Relating to Internet Infrastructure Upgrades and Development of “Wi-Fi” Resources in Lake Forest: At the December 5, 2005 City Council meeting, a presentation was given on the potential of Wi-Fi Services. The proposed resolution would support the City’s participation in a consortium to seek out a provider of wireless service to establish a prototype service area to assess whether the promotion of a wireless service system is in the best interests of the City and its residents. A copy of the Resolution is attached beginning on page 22. Recommended Action: Approve the Consent Agenda as presented. ORDINANCES 1. A. Public Hearing on the Proposed Annexation Agreement between 8:15 p.m. The City and the Property Owners of the so-called Amberley Woods Development B. Consideration of a Report and Recommendation from the Plan Commission and from the Historic Preservation Commission Regarding the Amberley Woods Project, a Mixed Use Development. The Recommended Actions Include Approval of an Annexation Agreement, Application of City zoning (Transitional District), Final Approval of a Plat of Subdivision, Approval of a Special Use Permit in the Form of a Final Development Plan Ordinance, and Approval of a Local Landmark Designation for the Historic Residence. The Amberley Woods Development is Proposed on a 40 Acre Parcel Located on the South Side of Route 60, between Conway Farms Drive and Saunders Road (First Reading of Various Ordinances) STAFF CONTACTS: CITY ATTORNEY, VICTOR FILIPPINI AND DIRECTOR OF COMMUNITY DEVELOPMENT, CATHERINE CZERNIAK 847-615-4299 Background On May 28, 2003, the Historic Preservation Commission voted unanimously to recommend to the City Council approval of the local landmark designation of the Historic Residence on the Miller/Swanson property upon annexation to the City of Lake Forest. On July 13, 2005 and December 14, 2005 the Plan Commission held a public hearing and considered a request for tentative subdivision plat approval and approval of application of the City Transitional Zoning District for the Miller/Swanson property upon annexation of the property to the City of Lake Forest. As the Council is aware, this project has a long history. In summary, the current Amberley Woods development plan represents the results of several years of efforts on the part of the petitioners and their consultants. The plan as presented provides the following: „ A mix of uses including some residential product types that do not currently exist in Lake Forest. „ A significant amount of undisturbed land including mature groves of trees and wetlands. „ The plan locates buildings away from the street frontages on Route 60 and Conway Farms Drive. January 3, 2006 Agenda Page 4 „ The plan mitigates the mass of the condominium buildings through the siting of the buildings, preservation of additional trees and wetlands, and the design of the buildings. On July 13, 2005, the Plan Commission recommended tentative subdivision plat approval of the Amberley Woods development and approval of the Transitional Zoning District to the property upon annexation subject to a number of conditions of approval. On September 6, 2005, the City Council opened the public hearing on the Annexation Agreement and other related documents for Amberley Woods, the hearing was continued to allow further refinement of the documents. Recent Action On December 14, 2005, the Plan Commission considered a request for final plat approval and approval of a Special Use Permit. After hearing a presentation from the developer, the Commission reviewed and commented on the draft Annexation Agreement and draft Final Development Plan Ordinance which will serve as the Special Use permit. The Plan Commission voted unanimously to recommend approval of the various aspects of the development to the City Council subject to conditions of approval as partially incorporated in the draft Annexation Agreement and Final Development Plan Ordinance and as further detailed in the Commission minutes. If the Council grants first reading of the Ordinances at the January 3, 2006 meeting, the final comments of the Plan Commission will be incorporated into the documents prior to final City Council action. Recommended Actions: Grant first reading of the following ordinances. • Annexation Ordinance • Zoning Map Amendment Ordinance • Final Development Plan Ordinance (Special Use Permit) • Local Landmark Designation Ordinance Direct staff and the City Attorney to revise the documents to reflect the recommendations of the Plan Commission. A supplemental packet will be delivered to the Council prior to Tuesday night’s meeting with all proposed documents. NEW BUSINESS 1. Approval of an Intergovernmental Agreement with the Specialized 8:45 p.m. Response Teams of the Lake County Fire Departments PRESENTED BY DEPUTY FIRE CHIEF BOB GRUM (615-4239) The Specialized Response Teams of the Lake County Fire Departments (MABAS division 4) are officially combining with McHenry County (MABAS division 5). This Intergovernmental Agreement will standardize the previous agreements and provide for shared specialized responses and equipment between those units of government. The Lake Forest Fire Dept. currently participates in a number of these specialized response teams and requests the signing of this agreement to continue these mutual aid services. The City Attorney has reviewed the agreement, which is attached beginning on page 25 and staff recommends that the agreement be signed. January 3, 2006 Agenda Page 5 Recommended Action: Approval of the Intergovernmental Agreement with the SRT of the Lake County Fire Departments. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 8:55 p.m. During the month of December the following amounts were disbursed from the Cashier’s Account: GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES $1,052,966.33 $1,951,161.12 $3,004,127.45 PAYROLL $1,041,353.24 $136,011.40 $1,177,364.64 TOTALS $2,094,319.57 $2,087,172.52 $4,181,492.09 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF JANUARY 2006 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the January 2006 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:00 p.m. Office of the City Manager December 29, 2005 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.