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CITY COUNCIL 1-5-09 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Monday, January 5, 2009 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable S. Michael Rummel, Mayor David D. Grumhaus, Jr., Alderman First Ward Thomas H. Morsch, Jr., Alderman Third Ward Kent E. Novit, Alderman First Ward Greg C. Hanrahan, Alderman Third Ward Stuart M. Widman, Alderman Second Ward John A. Looby III, Alderman Fourth Ward Renard Goltra, Alderman Second Ward Robert T. Palmer, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Resolution of Sympathy for Robert Hixon Glore A copy of the Resolution of Sympathy is attached as page 6. 2. Comments by City Manager 7:35 p.m. 3. Comments by Council Members 4. Council Committee Reports 7: 40 p.m. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 7:45 p.m. 1. Approval of the December 1, 2008 Minutes of the Regular City Council Meetings 2. Approval of Authorized Invoices and Payrolls During the month of December the following amounts were disbursed from the Cashier’s Account: GENERAL FUND WATER TOTALS INVOICES $777,129.92 $86,581.49 $863,711.41 PAYROLL $1,854,365.92 $217,565.78 $2,071,931.70 TOTALS $2,631,495.84 $304,147.27 $2,935,643.11 The motion is for the approval of Authorized Invoices and Payrolls for December, 2008. January 5, 2009 Agenda Page 2 3. Authorization of Treasurer’s Warrants to Meet Expenses of January, 2009 The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the January, 2009 audited accounts. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 7:50 p.m. 1. Consideration of an Ordinance Amending Ordinance #1833 relating to the Emergency Telephone System Board (First Reading) PRESENTED BY POLICE CHIEF JOE BUERGER (847-615-4242) In 1989 the State of Illinois enacted into law the Emergency Telephone System Act which enables counties and municipalities to impose a surcharge on telecommunication carriers at a rate per network connection in order to support and maintain the Emergency 911 system. Ordinance #1833 was first approved following the passage of a referendum on the April 4, 1989 ballot asking the voters to impose a surcharge of up to 65 cents per month per network connection for telecommunication carriers, which surcharge expense was added to the monthly bill received for telephone or telecommunications charges for the purpose of installing a 911 emergency telephone system. The current ordinance does not specify that funds can be applied towards maintenance and personnel costs, or specifically, the Computer Aided Dispatch System which was presented to the City Council in November and approved at the December 1, 2008 Council meeting. In order to update and align the ordinance with today’s practices, attached beginning on page 7 is an ordinance amending Ordinance #1833 which would allow personnel, maintenance, and the Computer Aided Dispatch System costs to be included in this fund. Also as explained in the draft ordinance, members of the Emergency Telephone System Board shall include the current City Council liaison to Public Safety (Alderman Thomas Morsch), a resident of the City at large (Andy Semmelman), two members of the Police Department (Chief Joseph Buerger and Communications Supervisor Andrea Mohrmann), and a member of the Fire Department (Deputy Chief Kevin Issel). Recommended Action: Approve First Reading of the ordinance related to the Emergency Telephone System Board. 2. Consideration of an Ordinance Amending Chapter 22, Article II of the 8:00 p.m. City Code regarding Library Trustees (First Reading, and if desired by the City Council, Final Approval) PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI As part of an overall effort to update City Codes as they relate to all Boards and Commissions, the Library Board has reviewed portions of Chapter 22 with members of the City Manager’s Office. Attached beginning on page 14 is an ordinance with the recommended amendments to the City Code. Recommended Action: Waive first reading, and if desired by the City Council, grant final approval to an ordinance amending Chapter 22 of the City Code relating to the Library Board of Trustees. January 5, 2009 Agenda Page 3 3. Consideration of an Ordinance Amending Chapter 33, Article IV of the 8:05 p.m. City Code, regarding Board of Fire and Police Commissioners (First Reading, and if desired by the City Council, Final Approval) PRESENTED BY CITY ATTORNEY VICTOR FILIPPINI As part of an overall effort to update City Codes as they relate to all Boards and Commissions, the Board of Fire and Police Commissioners has reviewed portions of Chapter 33 with members of the City Manager’s Office. Attached beginning on page 17 is an ordinance with the recommended amendments to the City Code. Recommended Action: Waive first reading, and if desired by the City Council, grant final approval to an ordinance amending Chapter 33 of the City Code relating to the Board of Fire and Police Commissioners. 4. Consideration of a Code Amendment to Chapter 46 (Zoning Code) 8:10 p.m. Section 22 (Plan Commission) as it Relates to the Composition, Role and Responsibilities of the Plan Commission. (First Reading, and if desired by the City Council, Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT, CATHERINE CZERNIAK (847-615-4299) As part of an overall effort to update and establish a consistent format for Code language pertaining to all of the various City Boards and Commissions, the Plan Commission reviewed Section 46-22 of the Code and recommends amendments as reflected in the Ordinance included in the Council’s packet beginning on page 20. The Plan Commission determined that the current language in Section 46-22 is very limited and does not comprehensively address the composition, role and responsibilities of the Plan Commission. For the Council’s information, a copy of Section 46-22, as it appears in the Code today, is included in the Council packet on page 24. The amendments, as unanimously recommended by the Commission, clarify and update the Code as it relates to the Plan Commission and are consistent with how the Commission operates and reflective of the matters that come before it. The Plan Commission reviewed and held public hearings on the proposed amendments at two separate meetings. No public testimony was presented to the Commission on this matter. Recommended Action: Waive first reading, and if desired by the City Council, grant final approval of an ordinance amending Chapter 46 (Zoning Code) Section 15 (Plan Commission) as it relates to the composition, role and responsibilities of the Commission. January 5, 2009 Agenda Page 4 OLD BUSINESS 8:20 p.m. 1. Consideration of a Request for Interpretation of a Restrictive Note on the Plat of Subdivision for Conway Park at Lake Forest – Phase IV. PRESENTED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, CATHERINE CZERNIAK (847-615-4299) At the October 20th City Council meeting, the City Council heard a request from FD III, L.L.C., “Field Partners”, for confirmation that Lot 2 of the Conway Park Phase IV subdivision is recognized as a buildable lot. This lot is currently the site of a large berm and is located immediately east of the Tollway Oasis, on the west side of Field Drive, in Conway Park. A map indicating the location of this property is included in the Council’s packet. After reviewing the facts of this matter at the October 20th meeting, the City Council indicated general support for future development of Lot 2 in Conway Park in a manner consistent with the other lots in the office park and so long as the development meets all applicable regulations. However, before finalizing its position, the Mayor and the members of the Council directed this matter to the Plan Commission for review and input on whether confirming that the lot is buildable would be appropriate given the note on the plat. On December 10, 2008, the Plan Commission considered this matter. The Commission recognized that the request for confirmation was presented to the City Council because of the following note that appears on the plat of subdivision. “For purposes of the Lake Forest Zoning Code calculation of floor area ratio for any lot, the entire area of Lot 2 shall be excluded.” The Plan Commission concluded that the plat note was established as a result of the location of the berm on Lot 2 and the expectation that the berm would never be removed. The Commission further concluded that if the berm is removed from Lot 2, the note on the plat would not preclude development of the parcel in a manner that is consistent with all applicable rules, regulations and processes. The Commission observed that development of this parcel would be in the best interest of the City since it would achieve buildout of the office park as originally anticipated and result in increased property tax revenues for the City. The Plan Commission unanimously agreed that Lot 2 is a buildable lot if the berm is removed and that no amendment of the plat or modification of the note is necessary. As documented when this matter was previously before the City Council, the Conway Park Owners’ Association has stated support for development of Lot 2 in a manner consistent with the rest of the office park. Recommended Action: Approve a motion accepting the interpretation of the restrictive note as offered by the property owner and as supported by the Plan Commission and Conway Park Owners’ Association to recognize that Lot 2 can be developed with an office building and associated parking lot in accordance with all applicable rules, regulations and processes upon removal of the berm. January 5, 2009 Agenda Page 5 NEW BUSINESS 1. Consideration of a Request for an Extension of Tentative Approval of 8:30 p.m. the Fallingwaters Subdivision. (Located East of Telegraph Road and North of Old Mill Road) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (847-615-4299) On February 19, 2008 the City Council granted tentative approval of the five lot Fallingwaters Subdivision as recommended by the Plan Commission. The Code provides that tentative subdivision approval is valid for one year during which time a final plat, final engineering plans and all necessary documents must be submitted to the City for review and final approval. The Code allows for a one time, one year extension of tentative subdivision plat approval at the discretion of the City Council. The City Council has granted one year extensions for tentative subdivision approvals in the past in response to requests from property owners. The City has received a written request for a one year extension from the owners of the Fallingwaters Subdivision. A copy of this request is included in the Council packet on page 26. The extension is requested due to current economic conditions. Recommended Action: Approve a motion granting the petitioner’s request for a one year extension of the tentative approval of the Fallingwaters Subdivision. The motion should note that at the time of submittal of the final documents for City review, the owner must demonstrate that all required permits from outside agencies are current and all applicable review fees must be paid at the time of submittal. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 8:40 p.m. Office of the City Manager January 2, 2009 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.