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CITY COUNCIL 2-20-03 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Thursday, February 20, 2003 7:30 p.m. City Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable John E. Preschlack, Mayor Robert T. E. Lansing, Alderman First Ward Roger J. Mohr, Alderman Third Ward Tom Swarthout, Alderman First Ward Timm Reynolds, Alderman Third Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward S. Michael Rummel, Alderman Second Ward Kimberly G. Moss, Alderman Fourth Ward PLEDGE OF ALLEGIANCE 7:30 p.m. REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Mayor Preschlack 2. Comments by City Manager Presentation by District 115 Focus on the Future Committee, Chairman Mary Ritter 3. Comments by Council Members Council Committee Reports A. Planning and Preservation Committee Report B. Sewer Improvement Committee Report Consideration of an Ordinance Amending Chapter 44 of the City Code of Lake Forest and Establishing a Program for Periodic Home Inspections to Ensure Compliance with City Regulations. (Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the February 3, 2003 meeting, the City Council unanimously approved first reading of this ordinance. Recommendations in support of this ordinance were forwarded to the City Council by the Sewer Improvement Committee and by the Construction Codes Commission. This ordinance establishes a home inspection program for single family homes and duplexes. The requirement for an inspection is triggered by a change in property ownership. The program will be implemented through the City’s water billing system. The purpose of the inspections is to determine whether there are any violations of the City Code or applicable laws related to sanitary sewer and water connections. This program will also identify any outstanding fees or charges on the property related to sanitary sewer connection or water service. The Ordinance allows the requirement for an inspection to be waived if the property has received a Certificate of Compliance as a result of an inspection completed within the past three years. Notice of the public hearing held by the Construction Codes Commission was advertised in the newspaper and posted on the City’s Web page and at five public locations. In addition, the notice was mailed directly to the City’s list of architect’s, builders and other design professionals. There was no public testimony presented to the Construction Codes Commission. The home inspections will be conducted by Community Development Department staff. Based on a review of water billing data over the past few years, an estimated 400 – 500 home inspections can be expected in the early years of the program. In addition to the inspections triggered by ownership changes, the Sewer Improvement Committee is considering targeting neighborhoods that experienced significant flooding with focused inspection programs. A target area might include 150 to 200 homes. One or two target areas would be completed each year over a three to four year period. With this dual approach, it is expected that after the first 3 to 4 years of inspection efforts, the number of annual inspections will decrease. Based on staff analysis of the program, to effectively implement this program, which will include performing the inspections, preparing reports and notification to owners, conducting follow-up inspections and contacts, and conducting a public information and awareness campaign, additional staff resources will be required. Staff recommends that two additional inspector positions, one a permanent inspector position and the other a four year inspector position, be included in the budget for the upcoming year. The program would go into effect May 1, 2003. A copy of the Ordinance is included in the Council packet beginning on page 1. Recommended Action: Grant final approval of the Ordinance. Consideration of an Ordinance Amending Chapter 9, Article VIII and Article XXII of the City Code of Lake Forest to Establish Requirements for Overhead Plumbing in Basements and Requirements for Lining or Replacement of Sanitary Sewer Service Lines. (Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the February 3, 2003 meeting, the City Council unanimously approved first reading of this ordinance. Recommendations in support of this ordinance were forwarded to the City Council by the Sewer Improvement Committee and by the Construction Codes Commission. The ordinance requires the installation of overhead sewers for all new construction, and in projects involving structural alterations to an existing building when such alterations total a cost equal to, or greater than, 25% of the value of the existing building. The ordinance also requires certification of the condition of existing sanitary sewer service lines in conjunction with significant alterations to a building. If the service lines are found to be in unsatisfactory condition, the Ordinance requires that the lines be replaced or lined rather than simply be reused in the existing condition. The Ordinance allows the requirement for overhead plumbing to be waived if the installation would not serve to meet the intent of this ordinance which is to minimize the incidence of sanitary sewer back-up in basements. Notice of the public hearing held by the Construction Codes Commission was advertised in the newspaper and posted on the City’s Web page and at five public locations. In addition, the notice was mailed directly to approximately fifty architects, builders and other design professionals. There was no public testimony presented to the Construction Codes Commission. A copy of the Ordinance is included in the Council packet beginning on page 8. Recommended Action: Grant final approval of the Ordinance. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:00 p.m. CONSENT AGENDA 8:05 p.m. Approval of the Minutes of the February 3, 2003 Regular City Council Meeting The minutes are attached beginning on page 13. ORDINANCES Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Interior Side Yard Setback Requirements for property located at 21 W. Old Mill Road. (First Reading and Final Approval) 8:10 p.m. PRESENTED BY PLANNER PETER COUTANT (604-5655) On January 27, 2003, the Zoning Board of Appeals held a public hearing on a request for an interior side yard setback variance for a residence located at 21 W. Old Mill Road. As part of an overall plan to renovate and expand the home, the petitioner is proposing to construct a one-story addition on the east side of the residence. The addition encroaches 6 ½ feet into the required 50 foot interior side yard setback. The 50 foot setback is greater then the typical 20 foot interior side yard setback required for the R4 zoning district. The greater setback requirement was established at the time the area was subdivided in 1968 and appears on the plat of subdivision. Existing vegetation and a stockade fence will screen the addition from the street and adjacent property. No bulk variance is required for this petition. Public notice was provided to surrounding property owners and several letters of support were received. The Board voted unanimously to recommend approval of the variance. The ordinance, with site plan and findings is included in this packet beginning on page 25. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a variance from the corner side yard setback requirements to allow the construction of an addition. NEW BUSINESS Consideration of a Request to Rescind a Covenant of Lot Consolidation for the Property located at 55 E. Onwentsia Road. 8:20 p.m. PRESENTED BY CATHY CZERNIAK, DIR. OF COMMUNITY DEV. (615-4299) The owner of the property located at 55 E. Onwentsia Road, Mr. John Hough, has submitted a request to the City Council to rescind a Covenant of Consolidation that was filed in 1987 by the City. Mr. Hough contends that he never meant to have the City actually file the covenant, but rather wanted the City to hold it until the township assessor made an adequate adjustment to his assessment. While the covenant stipulates that he or any subsequent owner of the property can petition the Plan Commission for a re-subdivision of the property, Mr. Hough wishes to have the City rescind the covenant agreement, thereby creating two buildable lots. Copies of correspondence from Mr. Hough, as well as his neighbors objecting to Mr. Hough’s request, are attached beginning on page 33. The City Attorney has reviewed the correspondence and covenant agreement and has found the covenant to be enforceable. The City Council has the authority to amend or rescind the agreement if the other party or parties are of a like mind. The staff feels that Mr. Hough has been aware of the recording for some time and his interest is solely related to the sale of the second lot to a local builder. The covenant clearly sets forth a process for subdividing the property if he so desires. The staff believes that the subdivision process, including a public hearing, should be followed in light of the covenant and in deference to the opposition expressed by Mr. Hough’s neighbors. Recommended Action: Deny the request for rescinding the Covenant of Consolidation and direct the petitioner to file a Petition for Subdivision with the Plan Commission if he desires to subdivide his lot. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 8:45 p.m. Office of the City Manager January 30, 2003 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. February 20, 2003 Agenda Page 4