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CITY COUNCIL 5-21-98THE CITY OF LAKE FOREST COUNCIL AGENDA May 21, 1998 CALL TO ORDER AND ROLL CALL Honorable Cornelius B. Waud, Mayor Samuel J. Henry, Alderman First Ward Gail T. Hodges, Alderman Third Ward John A. Andersen, Alderman First Ward Henry T. Chandler, Alderman Third Ward Thomas J. Tropp, Alderman Second Ward Mary Ann Pekarek, Alderman Fourth Ward Ashley M. Maentz, Alderman Second Ward G. Bishop Gallagher, Alderman Fourth Ward REPORTS OF CITY OFFICERS 1. Comments by Mayor A. Recognition of Andrew Ball as Mayor for a Day 2. Comments by the City Manager 3. Comments by Council Members PUBLIC COMMENTS ON NON-AGENDA ITEMS APPROVAL OF MINUTES Recommended Action: Approval of the minutes of the May 4,1998 Council meeting attached beginning on page 9. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Front Yard Setback Variation for Property Located at 737 Northmoor Road (MacDonald Variation) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On April 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 737 Northmoor Road. Ms. MacDonald, property owner, explained that a roof would be added over an existing front stoop to create an open porch. She noted that the proposed roof would improve the architectural appearance of the residence. There were no public comments. No questions or concerns were raised by the Board. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 21. The ordinance with findings is attached beginning on page 18. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 2. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Corner Side Yard Setback Variation for Property Located at 1 E. Stone Avenue (Schlosser Variation) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On April 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 1 E. Stone Avenue. Mrs. Schlosser presented the request and explained that the proposed expansion of a guest room, and the addition of a bathroom, would result in a five foot encroachment into the setback area. There were no public comments. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 31. The ordinance with findings is attached beginning on page 28. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 3. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Side Yard Setback Variation for Property Located at 1111 W. Westleigh Road (Carolin Variation) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On April 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 1111 W. Westleigh Road. Mr. Rob Douglas introduced the project noting that the Carolin’s have lived in the house for 18 years. The Carolins propose to replace the existing attached garage with a new attached garage, and construct a new detached garage and screened porch. The structures as proposed encroach into the 50-foot lot-in-depth setback requirement, but to a greater extent than the existing garage. The proposed garages will provide a buffer and visual screen between the twelve tennis courts recently constructed at the high school and the Carolin Residence. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 41. The ordinance with findings is attached beginning on page 38. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 4. Consideration of an Ordinance Amending Chapter 39, “Taxation” of the Lake Forest City Code, 1971, as Amended, Imposing a Hotel Room Tax (Second Reading and Final Approval) PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR, (615-4271) State statute allows municipalities to impose a tax on the gross receipts from the rental of hotel rooms. The tax of up to 5% of gross receipts must be expended by the City to promote tourism and conventions within the City, or otherwise attract nonresident or overnight visitors to the City. With a new hotel being planned for Conway Park, City staff has reviewed this potential revenue source and eligible expenses. Staff estimates that a 5% hotel tax would generate approximately $293,825 in revenue, or approximately $60,000 per 1% of hotel tax imposed. The City Council adopted first reading of the ordinance at their March 19 meeting. The proposed ordinance imposing a 5% hotel room tax is attached in the packet beginning on page 50. Recommended Action: Grant second reading and final approval to the ordinance as proposed. 5. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Special Use Permit and Variations for Property Located at 1525 Lake Road (Cemetery) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On April 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a Special Use Permit, and steep slope and height variations for the Lake Forest Cemetery improvement projects. Ms. Alaimo, Cemetery Commission Chairman, and Mr. Alan Rosenzweig, architect, introduced the project. The Cemetery Master Plan was presented to the Board and the goal of planning for the future of the Cemetery was discussed. The Special Use Permit, as recommended by the Zoning Board of Appeals, recognizes the existing Cemetery, allows construction of the Gate House and other the improvements proposed at the west end of the Cemetery, allows the construction of the Lake Forest Memorial Garden, and recognizes the Cemetery Master Plan as the conceptual plan for the future of the cemetery. The steep slope setback variation, as recommended by the Zoning Board of Appeals, allows the construction of the Cemetery Gate House within the steep slope setback near the beginning of a shallow ravine. The height variation, as recommended by the Board, allows the Columbarium Wall to be constructed to a height of 8 feet. There was no public testimony before the Zoning Board of Appeals. However, in response to public comments received by the Building Review Board, further review of the construction material to be used on the exterior of the wall, lighting and landscaping of the Memorial Garden will occur. After discussion, the Zoning Board of Appeals voted unanimously to recommend approval of the Special Use Permit and the variations subject to conditions. The Board’s report is attached beginning on page 61. The ordinance for the Special Use Permit with findings and conditions is attached beginning on page 57. The ordinance for the Variations with findings is attached beginning on page 53. Recommended Actions: Grant first reading and final approval to an ordinance granting the Special Use Permit. Grant first reading and final approval to an ordinance granting the ravine setback and height variations. 6. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Side Yard Setback Variation for Property Located at 136 Wildwood Road (Jones Variation) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On April 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 136 Wildwood Road. Mr. Peter Witmer, architect, introduced the project. The petitioners are proposing the addition of a second floor to this small house as an alternative to demolition and construction of a replacement residence. A setback variation is required because the existing footprint of the house encroaches into the side yard setback. In response to a concern about increased drainage from the property, the petitioner clarified that the amount of paved surface on the property would remain the same. The Zoning Board of Appeals voted unanimously to recommend approval of the variation subject to a review of the proposed height of the addition by the Chairman of the Building Review Board. The Board’s report is attached beginning on page 71. The ordinance with findings and conditions is attached beginning on page 67. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 7. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Variation for Height for Property Located at the SE Corner of the Tri-State Tollway and Route 60 (Opus North Corporation) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On April 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a height variation to allow construction of a 4-story office building on property located on the southeast corner of the Tri-State Tollway and Route 60. Mr. Randall Tieman, representing Opus North Corporation, introduced the proposal. A 3-story office building can be constructed on this site with no zoning variations, and no City Council action. However, after considering various site plans, Opus is requesting a variation to allow construction of a 4-story office building to provide for more flexibility in site design. The large wetland area located on the southwest portion of the site, limits the options for locating the building. A 4-story building footprint will allow a greater setback from Route 60, and will increase the amount of open space on the site by at least one acre. After discussion, the Zoning Board of Appeals voted unanimously to recommend approval of the height variation subject to conditions. The Board’s report is attached beginning on page 88. The ordinance with findings and conditions is attached beginning on page 82. Recommended Action: Grant first reading and final approval to an ordinance granting the variation. UNFINISHED BUSINESS NEW BUSINESS 1. Consideration of an Extension to the D.K. Recycling Systems Contract PRESENTED BY DIR. OF PARKS, FORESTRY AND PUBLIC WORKS TOM NAATZ (615-4218) On May 1, 1996, The City of Lake Forest and D. K. Recycling Systems entered into a two year agreement to manage and operate the City Municipal Compost Center on Route 60. The agreement requires the contractor to process all landscape waste collected by City crews and residents not to exceed 20,000 cubic yards annually in accordance with I.E.P.A. permits and regulatory requirements. In exchange for services rendered, the City agreed to compensate the contractor $7.90 per compacted cubic yard. Price adjustments are to occur yearly based upon the October C.P.I. or a not to exceed 4%, whichever is less. On May 15, 1997, The City of Lake Forest and D. K. Recycling Systems agreed to resubmit their permit application to the I.E.P.A. as owner/joint operator of the Route 60 compost site, along with a permit to operate a transfer yardwaste facility. The I.E.P.A. granted both permit requests on January 26, 1998, which included standard and special conditions associated with each. All permit conditions have been met and will be monitored by Lake County Health Department and City staff on a regular basis. A copy of the proposed new agreement is attached beginning on page 101. Recommended Action: Approval of a three year extension of composting agreement between The City of Lake Forest and DK Recycling. 2. Award of Contract for the Federally Mandated Upgrade Work of the MS Fuel and Waste Oil Tanks PRESENTED BY THE ASSISTANT TO THE DIRECTOR OF PARKS, FORESTRY, & PUBLIC WORKS MICHAEL THOMAS (615-4265) Background In 1988, the Federal Government adopted legislation requiring owners of underground storage tanks (UST hereafter) to upgrade their systems and install spill, overfill, and corrosion protection. The legislation provided that both the State Fire Marshall and EPA would be the agencies overseeing tank compliance. The City of Lake Forest currently operates four UST’s: 1 - 10,000 gallon diesel tank, 2 - 10,000 gallon gasoline tanks, & 1 - 500 gallon waste oil tank. Recognizing that the State Fire Marshall has the authority to issue a $10,000 per day fine for those owners who do not have their improvements completed by December 22nd, 1998, The City of Lake Forest received bids to perform this work. Bidding Process The UST regulations apply to both private and public tank operators. Because of the extraordinary amount of existing non-compliant tanks, combined with the December 22nd, 1998 deadline, contractor availability is minimal. However, The City of Lake Forest received bids on April 14th, 1998 to perform the required work. The following bid tabulation is provided: METRO ACTION Environmental- Environmental- Item Wheeling Algonquin *Base Bid A1 - UST removal of 500 gallon waste oil tank $ 3,669 $ 3,150 *Base Bid A2 - UST upgrade work of three fuel tanks: 1 diesel & 2 gasoline $39,213 $74,745 *Installation of Stage II Vapor Recovery $ 5,669 $ 3,540 TOTAL: $48,551 $81,435 Recommended Action: Recognizing the ramification of the upcoming deadline for UST owners who do not comply, staff is recommending that METRO Environmental be awarded the contract to perform upgrade work on the City’s three fuel and one waste oil tanks. The recommended amount of $48,551 is $1,449 under the budgeted amount of $50,000. However staff requests that the entire $50,000 be approved in case the need arises to deal with contaminated asphalt, concrete, or soil. 3. Consideration of a Lease with SprintCom for Property Located at 1381 W. Kennedy Road PRESENTED BY ASSISTANT TO THE CITY MANAGER MAX SLANKARD (615-281) This item was reviewed at the Committee of the Whole meeting earlier this evening. In July of 1997, the City Council executed a lease with PrimeCo Personal Communications for the installation of telecommunications antennas on the City’s water tower. The staff has negotiated with another PCS (Personal Communication Service) provider, SprintCom, for the lease of space on the water tower for the same purpose. The business terms of the lease are virtually identical to those contained in the PrimeCo lease. The lease term is five years, with three renewal periods. The consideration in the lease is an annual rental payment, which is tied to an escalator. Attached in the packet on page 113 is a portion of a plan sheet showing what the installation will look like. The antennas will be installed at the ninety foot level, which is on the stem of the tank beneath the bowl. Therefore, the visual impact will be negligible. Recommended Action: It is recommended that the City Council authorize the City Manager to execute the proposed lease. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager May 15, 1998 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. blue\shell Agenda Memorandum - 05/15/98 Page 6