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CITY COUNCIL 2013/03/04 Agenda THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, March 4, 2013 7:30 p.m. City Hall Council Chambers MOTION TO APPOINT ALDERMAN KENT NOVIT AS ACTING CHAIR 7:30 p.m. CALL TO ORDER AND ROLL CALL Honorable Donald Schoenheider, Acting Mayor Kent Novit, Alderman First Ward Jack Reisenberg, Alderman Third Ward Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Mayor 2. Comments by City Manager 7:40 p.m. A. Community Spotlight – School District 67 & 115 PRESENTED BY MIKE SIEMECK, SUPERINTENDANT OF SCHOOLS B. Lake Forest Business Incubator Update PRESENTED BY SUSAN KELSEY, ECONOMIC DEVELOPMENT COORDINATOR 3. Comments by Council Members 8:05 p.m. A. Property and Public Land Committee 1. Adoption of the Lake Forest Policy for the Acquisition, Inventory, Sale, Lease and Retention of Public Property. PRESENTED BY CHAIRMAN MICHAEL ADELMAN At its February 18, 2013, meeting, the Property and Public Land Committee unanimously approved and is recommending to the City Council approval of the revised Policy for the Acquisition, Inventory, Sale, Lease and Retention of Public Property. This policy was originally approved in 2004, creating a formal process for 1 the inventory, sale and lease of retention of public property. Periodically this policy is reviewed and it was recommended to add a section regarding the acquisition of private property. For your convenience, a redline version of the Resolution is attached beginning on page 10 of your council packet. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:15 p.m. 1. Check Register For Period January 26 – February 22, 2013 Fund Invoice Payroll Total General 284,854 1,103,355 1,388,209 Water & Sewer 88,917 116,771 205,688 Parks & Recreation 106,356 306,000 412,356 Capital Improvements 54,797 3,884 58,681 Bond Funds - Projects 0 0 0 Motor Fuel Tax 0 0 0 Cemetery 7,033 18,068 25,101 Senior Resources 13,702 20,916 34,618 Deerpath Golf Course 25,332 15,805 41,137 Fleet 144,471 37,517 181,987 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 3,418,233 145,286 3,563,519 $ ,143,694 $1,767,602 $ 5,911,297 2. Approval of Capital Expense for Fitness Center Treadmills PRESENTED BY: JASON BUSDEKER, FITNESS CENTER MANAGER (810-3934) PURPOSE AND ACTION REQUESTED: Staff recommends approval for capital expenses for replacement of five LifeFitness treadmills by awarding the equipment purchase through National Joint Purchasing Alliance (NJPA). BACKGROUND/DISCUSSION: The existing treadmills originally purchased in February 2007 have reached the end of their useful life. The average lifespan of a treadmill is 5-7 years. The purchase is part of a regular replacement schedule. The longer the existing treadmills remain in use, the likelihood of increase maintenance costs and possible safety hazards. Poor equipment also negatively impacts revenue potential. Staff is proposing to trade in six existing treadmills to help offset the cost of the five new treadmills. The extra space from trading in the sixth treadmill will be used to add a smaller piece of fitness equipment which will be paid for from our operational budget. 2 Whenever replacing equipment, we typically like to revisit our equipment type and bring in demonstration options to receive feedback from current membership. Currently the Fitness Center has all PreCor treadmills and staff opted to bring in a LifeFitness treadmill for membership consideration. LifeFitness has been one of the leading brands of fitness equipment for the last several years. LifeFitness offers top quality equipment proven to be able to handle high volume usage found in public fitness facilities. Members were asked to complete a short survey comparing the existing Precor treadmills and the LifeFitness treadmill. The results of the survey favored the purchase of the LifeFitness treadmill for our upcoming replacement. By offering two different brands of treadmills, it will also offer variation to the Fitness Center members. The Park and Recreation Board approved the recommendation at its February 19, 2013 meeting. BUDGET/FISCAL IMPACT: Funding for this project is part of the annual equipment replacement plan. The purchase will be made through National Joint Purchasing Alliance (NJPA). National Joint Purchase Alliance is a national municipal purchasing agency. They have gone through the bid process for fitness equipment and the bid was awarded to LifeFitness (contract #021512-LFF) effective June 2012. The City of Lake Forest has held a current membership with NJPA since 1/31/10. NJPA LifeFitness Expense Overview: 5 Treadmills $46,296.00 Installation $2,105.75 Volume Discount ($16,241.00) Trade- In Discount ($3,300.00) Total Costs $28,860.75 Below is a summary of Project Budget: FY13 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund $30,000 $28,860.75 Y RECOMMENDATION: If appropriate and should the City Council desire, approval to purchase 5 LifeFitness treadmills in the Fitness Center in the amount of $28,860.75 funded from the Capital Improvement Fund. 3. Award of Bid for the Replacement and Upgrade of Police Department Tahoes Included in the F.Y. 2014 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award a bid for the purchase of two Chevrolet Tahoes for the Police Department. Unit # 1and # 5 are Chevrolet Impalas with approximately 73,000 and 89,000 miles respectively. Both units are used for patrol and investigation purposes and will be replaced when they have 3 each accrued 100,000 miles. The Department has eleven marked police cars, two of which are Chevrolet Tahoes; the remaining nine are Impalas. It is the Police Chief’s desire to ultimately have the marked fleet comprised of four Tahoes and seven Impalas. Having four Tahoes combined with the 4WD CSO pick-up truck will allow Police officers to travel the City during heavy rain and snow events; something that continues to be a challenge with the low-sitting Impalas. The current Tahoe body style is being redesigned for model year 2014 and government agencies have been notified that the order cut-off date is set for mid-March. The F.Y. 2014 Capital Equipment Budget has dollars allocated to replace and upgrade the two Impalas noted above. To avoid the significant price increase and anticipated long delivery time with the redesigned Tahoe, staff is requesting City Council’s approval at this evening’s meeting. Continuing to use the current body style and power train will allow both Police and Fleet Maintenance personnel consistency throughout the Department’s fleet. The two Tahoes will not be received nor funds expended until after May 1, 2013. BACKGROUND/DISCUSSION: The Tahoe provides a lifted tailgate for sheltered workspace, a desktop area with access to maps and whiteboards, improved access to multiple radios, and a charging station for needed lights and spare radios. Various rack systems are available for this equipment making it easier to organize and retrieve. Since its inception in 2008, the use of a Tahoe in the Police Department has proven to be extremely beneficial. They accrue double the mileage and years of service before they are replaced, at only a $5,800 increase cost over the Impala. The two existing Impalas that will be replaced will be moved to the Community Development and used for various inspection services. They will replace current Community Development cars with 120,000+ miles. BUDGET/FISCAL IMPACT: Information regarding the F.Y. 2014 capital equipment purchases was included in the November 15, 2012 Finance Budget packet and reviewed at the December 3, 2012 Public Works Committee meeting. Bids were received on July 6, 2012 for the current fiscal year’s purchase of the two Tahoes. Staff contacted the dealerships and confirmed that the following pricing has not changed and is still valid until the current model year’s order cut-off date in mid-March. Dealership Location Unit Price Total Price for 2 Units Miles Chevrolet Decatur $30,500 $61,000 Advantage Chevrolet Hodgkins $30,888 $61,776 Bill Stasek Chevrolet Wheeling $31,600 $63,200 Ray Chevrolet Fox Lake $31,323 $62,646 The City has purchased multiple police vehicles from Miles Chevrolet in the past and has had no problems with vehicles or realized significant delivery times. All warranty work will occur at Lake Bluff Chevrolet on Rte. 41. FY2014 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 311-5001-450-75-49 $64,000 $61,000 Y 4 RECOMMENDED ACTION: Award of purchase for two Police Department Tahoes to the lowest bidder, Miles Chevrolet, in the amount of $61,000. This is $3,000 under the budgeted amount of $64,000. 4. Award of Bid for the Replacement of Two Unmarked Police Vehicles Included in the F.Y. 2014 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Included in F.Y. 2014’s Capital Equipment Budget, dollars have been allocated to replace two of the existing six unmarked vehicles for the Police Department. Unmarked police units are used for a variety of purposes to include surveillance and undercover operations. The order cut-off date for the proposed replacement vehicles is April 12th. To avoid a price increase, staff is requesting City Council’s approval to order the vehicles. Neither delivery nor payment will be made until after May 1, 2013. Two Chevrolet Equinoxes that are currently used by the Police Department will be transferred to the Engineering Section for their inspection and surveying use. The Equinoxes are in good condition, each with approximately 60,000-70,000 miles, and will replace Engineering’s two, 2001 Ford Explorers. One of the Ford Explorer’s undercarriages has significant rust and corrosion and the main frame has a large hole under the passenger seat area. The unit’s water pump, radiator hoses, fuel filler neck, rear spring shackles, and brake lines have all failed or are all significantly corroded. The second Engineering Ford Explorer has had standard repairs to include brake and fuel lines, tires, batteries, water pump, and starter. BACKGROUND/DISCUSSION: Government agencies have been notified that the Police Package Chevrolet Impala will no longer be produced beginning in early 2014. General Motors replacement car is a rear wheel drive Caprice made in Australia. Because of poor handling in the snow, police personnel have requested that the City’s Fleet Maintenance Section research other possible alternative. Last year, Ford introduced a new police platform entitled, “Interceptor”. The vehicle comes in both a sedan and SUV version and is assembled at the Chicago Ford Plant. Recognizing that the City will need to move to a different police vehicle next year, staff is proposing to try the Ford product and have it thoroughly evaluated by both police and fleet personnel while it is used for unmarked purposes. Any warranty work will be provided by Highland Park Ford. BUDGET/FISCAL IMPACT: The Northwest Municipal Conference provides bidding services for a variety of items commonly purchased by its membership. The Ford Interceptor was bid and awarded to Currie Motors located in Frankfurt, Illinois. Staff also investigated the Illinois State bid and found that not only their price on the SUV and sedan were higher, but the trade-in values for the two Ford Explorers were less: Item NWMC – Currie Motors State Bid – Morrow Brothers Sedan Price 27,607 29,229 5 SUV Price 30,015 31,179 Total Trade-In Value 3,500 2,300 Net 54,122 58,108 Based on the lowest responsible bidder, staff recommends that two Ford Interceptors (one sedan, one SUV), be purchased by Currie Motors. FY2014 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Capt. Fund 311-5001-450-75-49 $56,000 $54,122 Y RECOMMENDED ACTION: Award of purchase for two Police Department Ford Interceptors to the Northwest Municipal Conference bidder, Currie Motors, in the amount of $54,122. This is $1,878 under the budgeted amount of $56,000. 5. Ratification of Sports Field Improvement Fund Policy PRESENTED BY: MARY VAN ARSDALE, DIRECTOR OF PARKS & RECREATION (810-3918) PURPOSE AND ACTION REQUESTED: Staff is seeking ratification of the Recreation Department’s Sport Field Improvement Fund Policy, which is a program that provides a funding mechanism to assist with repairs and improvement projects needed at sport fields maintained by the City. BACKGROUND/DISCUSSION: The Sport Field Improvement Fund Policy was developed and approved by the Park Board in late 2007 (see policy page 22). The program was created to help the City keep pace with the many sport field needs due to growing sports participation and to provide an on-going mechanism for funding needed athletic field improvements and sustaining high quality athletic fields for the benefit of the entire community. Implementation was delayed until 2010 due to other fee adjustments for field lining costs and the desire to wait until Townline Community Park was completed. Also in 2009, Mayor Cowhey formed the Ad Hoc Recreation CIP Committee who reviewed this fee program as part of their diligence. David Grumhaus (City Council Finance Chair and Chair of the Ad Hoc Committee) shared information about this program with City Council in 2010 at a Committee of the Whole meeting and City Council meeting as part of the recommended action items within the Ad Hoc Recreation CIP Committee reports. Based on City Council direction at that time, the program was implemented, but the minutes do not reflect any record of it. To comply with audit purposes since we are setting aside these payments as restricted funds, staff is seeking ratification at this time. RECOMMENDATION: If appropriate and should the City Council desire, ratifiy the Sport Field Improvement Fund Policy. 6. Boat Basin Drudging Policy Presented by: Jeff Wait, Superintendent of Special Facilities (810-3930) 6 Purpose/Action: Revise the policy regarding the criteria of the Lakefront Boat Basin’s Second Dredge. Background/Discussion: Last December, City Manager Robert Kiely and Parks and Recreation Director Mary Van Arsdale received correspondence from the Lake Forest Yacht Club officers requesting the City to institute a policy for conducting two annual dredging events on a fixed basis. City Staff meet with representatives from the Lake Forest Yacht Club and worked in partnership to develop a policy which was approved by the Park Board at their April 10, 2012 meeting. The policy was then reviewed and approved by City Council at their May 7, 2012 meeting. As one year has passed, the Yacht Club and staff felt it was appropriate to re-visit the policy to determine how the execution worked and if any modifications were necessary. As a result, both parties met in late November 2012 and together identified some minor policy revisions desired, specifically to the second dredge triggers and area for the dredging. First, the date of the final reading to trigger a second dredge should be moved from August 31st to Labor Day. The summer boating season is typically Memorial Day through Labor Day. City Staff and the Lake Forest Yacht Club feel the reading should be taken on Labor Day and not any time earlier. The August 31st date was initially established to provide City staff with enough time to make the necessary arrangements to get the dredger to the basin. This year City staff needed less than two days to make arrangements to begin the second dredge the weekend after Labor Day. Moving the date would not prevent City staff in making timely arrangements. Secondly, the fall dredge area identified needs to include a route from the hoist cranes to the mouth of the basin. Storm history over the past couple of years has resulted in sand and sediment being pushed further into the basin zone and it is reasonable to expect this additional area to also require dredging each fall. Adding this route will allow sailboats to navigate to the basin mouth. Attached on page 25 is the revised redline policy identifying the proposed changes and the revised diagram of the dredging areas for the spring and fall events. RECOMMENDATION: If appropriate and should the City Council desire, approve the revised Lakefront Boat Basin Dredging Policy, becoming effective in FY14. 7. Approval of the February 19, 2013 regular City Council minutes Copy of the minutes are attached beginning on page 27. RECOMMENDED ACTION: Approve The Omnibus items as presented. ORDINANCES 8:40 p.m. NEW BUSINESS 8:40 p.m. 7 1. Consideration of a Resolution Approving the First Amendment to a Power Supply Agreement Dated April 6, 2012 Between The City of Lake Forest and MC Squared Energy Services, LLC STAFF CONTACT: BOB KIELY, CITY MANAGER (810-3672) At is February 4, 3013 meeting the City Council approved a First Amendment to the Intergovernmental Agreement (IGA) between The City of Lake Forest and the North Shore Electric Aggregation Consortium (NSEAC). The IGA extends the duration of the consortium, provides flexibility for future aggregation decisions, and allows the consortium to consider expanding to other activities, including those related to energy efficiency and pricing. The next step in the process would be approving the First Amendment to a Power Supply Agreement between the City of Lake Forest and MC Squared. A copy of the Amendment can be found on page 36. This first amendment to the agreement includes several additional provisions agreed to by the NSEAC and MC Squared in late 2012, as follows: 1. The City and MC Squared will work cooperatively to request updated customer information from ComEd at least twice annually. MC Squared will reimburse the City for the cost of obtaining this data and assume all costs for any “Opt-In” mailings that are sent to new residents or ComEd customers; 2. MC Squared will provide The City of Lake Forest customers 100% Green option to the community. Under the original power supply agreement it obligated MC Squared to provide 100% Green Option to Lake Forest customers at the rate of $2.00 per REC. Under the first agreement amendment, MC Squared will continue to supply 100% Green Option to Lake Forest at the rate of $1.00 per REC. 3. MC Squared will provide customers with an internet-based platform to facilitate the addition of new customers by the end of the first quarter of 2013; 4. MC Squared will eliminate the $25 early termination fee for the duration of the contract’s term; 5. MC Squared has agreed to a 20% reduction in its vendor margin, from $0.99 cents/MWh to $0.79/MWh. Based on historic supply cost trends, February and March offer lower cost electricity supply contracts than during other times of the year. In order to take advantage of these historic market trends and to provide for the added features noted above, staff recommends approval of the amendment. Pending approval of the two contract amendments throughout the Consortium by early March, community staff representatives will work collaboratively with the Consortium’s consultant and MC Squared to obtain indicative pricing in advance of securing an electricity rate for Year 2, which runs from June 2013 - May 2014. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:05 p.m. 8 Office of the City Manager March 1, 2013 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. 9 Draft -June 18,December 13,2012 1 RESOLUTION 2012 - THE CITY OF LAKE FOREST POLICY FOR THE ACQUISITION, INVENTORY, SALE, LEASE, AND RETENTION OF PUBLIC PROPERTY BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: Section One: PURPOSE The City of Lake Forest is the owner of real property that is used for various purposes. As the needs of the community change, the status for these properties may be reviewed and revised, and on occasion, certain parcels may be found to be unnecessary for the City's current and reasonable anticipated future needs. From time to time, the City m ay a lso seek to acquire additional real property for the benefit of the City and its residents. The purpose of this policy is to establish a procedure whereby City-owned real estate is reviewed for its potential public or private use. , and non-City-owned real estate is reviewed to determine the merits of its acquisition by the City Section Two:POLICYDISPOSITION A.Policy. The City Council or its designee will periodically review all City-owned real estate and determine the appropriate use of the property. The City s hall evaluate the current use of, potential uses of, estimated market value of, cost of maintaining, and benefits to the community at large of the property when determining whether the property should be retained, leased, licensed, or disposed of. The City's goal is to optimize the use, sale price, or revenue generated from City-owned property. Section Three:PROCEDURE B.Procedures for the Disposition of Land. 1 Real Estate Review and Classification of Use 1.1 Inventory: All City-owned real estate will be reviewed on a regular basis to determine current use, maintenance costs, public benefit of the property, and revenue generated by t he property.An inventory and map of all City-owned real estate shall be maintained that will provide technical and historical data such as: acreage, improvements, year acquired, conditions on use, existing zoning, etc. 10 Property Disposition 2 1.2 Classification: Using the inventory the City Council or its designee shall classify the intended use of all City-owned properties and shall categorize said properties as sell, retain for public purpose, lease,license, vacate, or other. The City Council or its designee may then choose to act on this designation as described herein. 2 Properties to be Retained. O nce a property is designated to be retained no further action is necessary other than to update the inventory, until the City Council or its designee determines a change in status is warranted. 3 Properties to be Sold. The following shall take place pursuant to a recommendation to sell surplus City property: 3.1 Property Disposition File: Staff shall create a file of all pertinent records pertaining to the property including: information resulting from a title search, permit files, zoning actions, code enforcement actions, environmental reports, deed files, plats,utilities, easements,and any other relevant information. 3.2 Report to Council: A report shall be given to the City Council in executive session regarding the contents of the property disposition file and a determination shall be made whether to continue with the sale of surplus propert y. 3.3 Notice of Intent: The City Council shall provide a Notice of Intent to sell surplus property. A notice shall be sent by certified mail to the "adjoining property owners." For purposes of this notice, "adjoining property owners" shall be the property owners of all properties adjacent and contiguous to the surplus property, unless (a) rezoning of the surplus propert y i s contemplated, in which case notice shall be sent to all property owners as identified under the Zoning Code, or (b) the City Council or its designee identifies a more expansive list of property owners to be so notified. For purposes of this section, the "propert y owners" of an adjoining property s hall be deemed to be the person(s) to whom real estate tax bills are sent. The notice shall inform adjoining property owners of: 1) the City’s intent to declare property surplus, 2) the current zoning classification of the property and the permitted density and type of development that may occur, and 3) if necessary, notice of the City’s intent to modify the existing zoning of the property. The notice shall invite the adjoining property owners to appear before the Council or the appropriate Board or Commission. 3.4 Rezoning and Comprehensive Plan Amendments: Prior to marketing a parcel, the City Council shall review the existing zoning and Comprehensive Plan designation for the parcel and determine whether they remain appropriate for the surplus propert y or properties. If so 11 Property Disposition 3 directed by the Council, staff shall initiate any necessary zoning processes. 3.5 City Council Declares Property Surplus: The City Council shall declare by Resolution that a property is surplus and shall direct that it be sold. As part of the Resolution the City Council may place conditions on the property sale. 3.6 Property Value Determined: The City shall optimize the sale price from City-owned real estate based on relevant factors including: (1) the value established by a certified, licensed, or MAI appraisal or valuation by an impartial real estate professional of the property conducted within six months of the time the sales agreement is presented to the City Council, (2) prevailing economic conditions and recent applicable trends, and (3) any special benefits to accrue from the sale or lease or limitations to be placed upon the property. 3.7 Sale of Real Estate: City-owned property may be sold by sealed bid or a negotiated sale, at the direction of the City Council. 3.7.1 Sealed Bid: If directed by the City Council, land which is readily marketable and unrestricted in its sale potential may be sold to highest bidder at public auction either by sealed bid provided that the highest bid equals or exceeds the minimum unpublished price established by the City (see 3.6) prior to bid opening, which price shall not be lower than 80% of the appraised value, unless otherwise approved by the City Council. 3.7.2 Negotiated Sales: If no bids are received, no bids are deemed acceptable to the City Council,or if the City Council waives the bidding process and directs a negotiated sale,the City may seek to sell land by one of the following: 3.7.2.1 Marketing -Competitive offers may be solicited from the open market place. This may be accomplished through a number of marketing techniques such as requests for proposals (RFPs), direct advertising, exposure through real estate services, posting the propert y, and an y other appropriate means. 3.7.3 Direct marketing -When the land is not readily marketable because of its odd shape or lack of sufficient area,or is landlocked or otherwise lacking in sales potential, property may be sold by taking offers or by negotiation with adjoining landowners provided the purchase price agreed upon is not less than 80% of the appraised value, unless otherwise approved by the City Council. 12 Property Disposition 4 3.8 City Council Approval: Notice of the property sale shall be published as required by State Statute and the final purchase price and contract shall be subject to approval by the City Council by a three-fourths vote. 3.9 Payment for City Surplus Property: Sales of real property shall be on a cash basis,unless otherwise authorized by the City Council. 4 Properties to be Vacated. The following shall take place pursuant to recommendation to vacate City property: 4.1 Property Disposition File: Staff shall create a file of all pertinent records pertaining to the property including; information resulting from a title search, permit files, zoning actions, code enforcement action, environmental reports, deed files, plats, utilities, easements and any o ther relevant information. 4.2 Review by City Attorney and City Engineer: The property to be vacated shall be reviewed by the City Attorney and City Engineer and any pertinent information shall be included in the property disposition file. The City Attorney and City Engineer shall identify any easements or interests that should be retained by the City. 4.3 Report: A report shall be given to the City Council or its designee regarding the contents of the property disposition file and a determination shall be made whether to proceed with vacation of the property. 4.4 Notification and Meetings with Adjoining Property Owners and the Neighborhood: Notification shall be provided to all adjoining property owners. Such notice shall be sent by certified mail. For purposes of this notice, "adjoining property owners" shall be the property owners of all properties whose property adjoins the City property being considered for vacation, unless the City Council or its designee identifies a more expansive list of property owners to be so notified. For purposes of this section, the "property o wners" of an adjoining property shall be deemed to be the person(s) to whom real estate tax bills are sent. A neighborhood meeting with adjoining property owners shall be scheduled and conducted by staff or City Attorney if so directed by C ity C ouncil or City M anager to explain the vacation process and timeline and to review ownership, access, property rights and any other relevant information. 4.5 Document Preparation: The City Attorney and/or staff shall prepare the necessary documents for vacation. 4.6 Presentation to Council and Action: S taff shall present to the City C ouncil the necessary documents for vacating the property. 13 Property Disposition 5 5 Properties to Be Leased or Licensed: The City shall strive to obtain a fair market rate of return on City-owned or controlled property being considered for lease or license and negotiate terms and conditions that will continue to sustain a fair market rate of return through rent or use fee review, consumer price index adjustments, reappraisals, or the application of percentage rents or use fees to gross income. 5.1 Legal Considerations: Prior to the lease or license of any City-owned propert y, the City s hall consider whether a lease or license is the appropriate means of conveying a property or use interest, based on the use of the propert y, the length of the agreement, the tax status of the property and the user, and the proposed terms of the agreement. 5.2 Approval: The following procedure is to be followed for lease approval, depending upon the length of the lease. 5.1.1 Leases or licenses of five years or less that do not exceed $20,000 per year may be approved by the City Manager. 5.1.2 Leases or licenses longer than five years, or those that exceed $20,000 per year shall require advance notice publication, which must include full information about the lease or license specifics, and City Council approval. 5.3 Lease Term Guidelines: The following are guidelines for the lease or license of City property. These are guidelines only and market conditions may dictate alternate arrangements. 5.3.1 Term: Lease or license terms may range in length based on tenant or user demand and market realities. Leases or licenses may include an option to extend the lease or license for similar periods at similar terms. Upon termination or expiration of any lease or license that cannot be approved by the City Manager under this Policy,staff shall recommend to the Finance Committee whether to solicit bids for said lease or license. If bids are solicited, the Finance Committee would recommend to the City Council approval or disapproval of the bids received. The City Council shall make the final determination on such lease or license. 5.3.2 Rates: Lease or license rates shall be established based on a current appraisal, comparative studies, or past rents or user fees received. The lease or license may include an increase each year equivalent to the Chicago Area Consumer Price Index (CPI) or an established market rate. Such increase will be effective upon the anniversary date of the lease or license. 14 Property Disposition 6 5.4 Inventory: An inventory of all City leases and licenses shall be maintained and shall periodically be reviewed in total by the City Council or its designee. 6 General: 6.1 Deliberation: Since discussing the sale, license, or lease of City-owned propert y in a public session may disadvantage the City in its negotiations, the City Council or its designee may discuss matters regarding the disposition of City-owned propert y i n closed session in accordance with the requirements of the Open Meetings Act. Any final action, however, shall occur in open session and shall disclose the revenue from any sale or lease and the appraised value of the property involved. 6.2 Compliance with State Law:The City s hall adhere to all state and local laws as they relate to the sale of public property. Section Three: ACQUISITION A.Policy. Because of the uniqueness of real estate in terms of its location, size, and physical characteristics, as well as the vagaries of the real estate market itself, the acquisition of real estate ordinarily cannot be planned with the same precision or consistency a s the City p lans the acquisition of rolling stock or other capital investments. F urther, the City does not seek out properties for acquisition unless there is a public purpose for which such property will be used. Such need or use may be based on current or anticipated conditions, as well as long-term planning objectives. In addition, the City should ordinarily not pursue the acquisition of real estate for the purpose of displacing the private real estate market, unless such acquisition is pursued as part of a plan to advance economic development or other redevelopment activities. B.Planning Considerations. The City, as part of its comprehensive planning and its various narrower planning activities,should periodically review its current and long-term real property needs. To the extent that real estate needs are identified, the City s taff and officials should be periodically notified of such needs so that opportunities that may arise to address the City's real estate needs can be promptly identified and addressed. C.Procedures for Evaluating Land Acquisitions. The circumstances under which the City may seek to acquire real estate will often dictate the procedures that the City should follow in connection with any land acquisition. In addition, whether the City is prepared to exercise its eminent domain powers in connection with a land purchase will also affect the manner that the City proceeds with an acquisition. 15 Property Disposition 7 The procedure for evaluating any potential acquisition may v ary depending on whether the acquisition is strategic, planned, or minor. 1 Types of Property. Generally City land acquisitions will fall into one of the following categories. 1.1 Strategic Property. Strategic Properties may be identified and prioritized based on the following criteria. 1.1.1 Economic: The property presents a unique economic opportunity for the community which has been determined to be unlikely to be achieved if the property is left to independent market forces. 1.1.2 Use: The highest and best use of the property, as envisioned by the City Council, is not likely to be achieved through independent market forces. 1.1.3 Location: The property provides an opportunity for public infrastructure improvements, repair or enhancement. Or, the property presents an opportunity for connection or contiguity of existing publicly owned land or rights-of-way which would support a public purpose. 1.1.4 Significance: The property or structures on the property hold special significance for the community and may be in danger of deterioration or loss without City intervention. 1.1.5 Transitional: The property is located between two distinct uses and the manner in which the property may be developed is determined by t he City t o have the potential to either be “additive”, enhancing the surrounding uses or, a ”detractor” having the potential for a negative impact of surrounding and established uses. 1.1.6 Need: The property m eets a need previously i dentified by t he City or provides the opportunity for a use determined to be in the best interest of the community. 1.1.7 Availability: The property is available due to a unique set of circumstances which may not occur again. 1.1.8 Other: Such other factors that, under the circumstances, present a special advantage to the City o r the Lake Forest community, which may include the purchase and resale of the property for the purpose of making a profit on the transaction. 16 Property Disposition 8 1.2 Planned Property. Planned Properties are those properties that the City has determined must be acquired to effect stated goals of the City C ouncil. Planned Properties may include, but are not limited to, property to be acquired for development or redevelopment purpose, such as property within a TIF District, or properties to be acquired for City development and use, such as a public building. 1.3 Minor Property. Minor Properties are those properties that the City may from time-to-time seek to acquire for City easements or rights-of-way. Minor properties are those that may be acquired by the City for under $20,000, or such higher limit as the City Council may authorize. 2 Types of Acquisition. The City may acquire property through eminent domain proceedings or other methods as further identified herein. 2.1 Eminent Domain. Eminent Domain acquisitions are those that are effected due to the City's statutory right to condemn land. 2.2 Non-Eminent Domain. Non-Eminent Domain transactions may include purchases on the open market, those resulting from bids at a land auction, gifts of property, and any other acquisition resulting from a negotiated agreement. 3 Process for Acquisition. While the process for acquisition may vary based on circumstance, the following guidelines generally identify the process by which the City should acquire property. 3.1 Strategic Property. Strategic Properties should be identified and acquired through the following procedure. S trategic Properties may b e acquired for public use (in whole or in part), to address a temporary need that is beneficial to the community, or for other purposes that will be beneficial or desirable for the City or the Lake Forest community. Strategic Properties do not have to be for the purpose of long term City ownership. 3.1.1 Proposal. Upon becoming aware of an opportunity for the City to acquire a Strategic Property, any member of the Council, Property and Public Lands Committee ("PPL"), or Staff may refer the matter to staff for a preliminary assessment. 3.1.2 Preliminary Assessment. Upon referral, Staff will conduct a preliminary assessment of the property to determine whether it meets the criteria identified in Section Three, C.1.1 above. If Staff believes the criteria are met, it shall refer its finding on to the PPL for preliminary review. 3.1.3 Preliminary Review. After receiving a Preliminary Assessment, the PPL will evaluate the Staff's recommendation and either seek a 17 Property Disposition 9 detailed review from the Staff or make a recommendation to the City Council regarding whether or not the property constitutes a Strategic Property that should be acquired by the City. 3.1.4 Detailed Review. If d irected by t he PPL the Staff shall complete a detailed review of the property to determine whether or not it qualifies as a Strategic Property that should be purchased. Such review may include, but is not limited to, obtaining appraisals, conducting inspections, preparing engineering plans or environmental reports, and seeking any additional relevant information regarding the property. The degree of detail in this review may vary based on the property involved and the circumstances that have caused such property to be identified as strategic. 3.1.5 Recommendation to City Council. After the appropriate review, the PPL will make a recommendation to the City Council regarding whether or not and under what terms the property should be purchased. 3.1.6 Purchase Process. Should the City Council wish to proceed with the acquisition, it shall direct the City Manager, in consultation with the City Attorney, to effect the acquisition under such terms and conditions as have been determined by the City Council. If circumstances warrant, the City Council may determine that other persons are better suited to pursue an acquisition on behalf of the City. If the City makes a successful offer for the acquisition of land, then the contract for purchase must be presented to the City Council for formal approval. 3.2 Planned Property. Planned Property may be purchased on the open market or through eminent domain proceedings. Prior to establishing the terms of the acquisition of any Planned Property, the City must seek an appraisal of the Planned Property. The PPL will review the appraisal and any other relevant materials regarding the Planned Property and make recommendations to the City Council regarding terms of acquisition. If the City is acquiring the Planned Property through eminent domain, it must follow the requirements set forth in Illinois law. 3.3 Minor Property.For acquisitions Minor Properties, the City M anager shall pursue such acquisitions in such manner as the Manager determines to be in the best interest of the City and in the most cost-effective manner. The Manager shall only make such acquisitions as permitted by the budget approved by the City Council, and shall make a report to the City Council describing the nature and terms of the acquisition. 4 General. 18 Property Disposition 10 4.1 Closed Meetings. Unless and until a purchase offer is accepted, all meetings to consider such acquisition should be conducted in executive session to the extent permitted under the Open Meetings Act. 4.2 Financing Plan. As part of the procedures for evaluating any acquisition of land, the City shall give such consideration as is reasonable under the circumstances to: (a) the cost of the land (including acquisition, development, and maintenance costs); (b) the fiscal impact of the land acquisition, if any (e.g., the impact on taking property off the roll of taxable properties); and (c) the funds available for the purchase (whether moneys are readily available or can be obtained through various financial avenues such as bonds or grants). 4.3 Responsible Bodies. In all cases, the City Council should be making final decisions on all property acquisitions (except for the minor acquisitions noted above, in which cases the City Council can give general authorization to the City Staff for final selection and implementation). Depending on the timing and circumstances surrounding a potential acquisition, the PPL should be the primary bod y for vetting an acquisition and making a recommendation to the Council. If a n acquisition is part of a broader policy e xamination (e.g., a TIF District or a Comprehensive Plan), other subordinate bodies in the City may also be asked to review possible land acquisition opportunities. Further, acquisitions that may result form private development activities, including subdivisions and planned unit developments, are not covered by t his policy, as this policy i s not intended to supplant plan commission review. Adopted by the City Council of The City of Lake Forest on ______________________ AYES: NAYS: ABSTAIN: Approved this _____ day of __________________. ________________________________ Mayor ATTEST: 19 Property Disposition 11 City Clerk 20 Document comparison by Workshare Professional on Thursday, December 13, 2012 9:55:30 AM Input: Document 1 ID interwovenSite://HKDMS/Active/11302373/3 Description #11302373v3<Active> -PPL -Property Disposition Policy Document 2 ID interwovenSite://HKDMS/Active/11302373/4 Description #11302373v4<Active> -PPL -Property Disposition Policy Rendering set standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 72 Deletions 4 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 76 21 PARKS, FORESTRY & RECREATION DEPARTMENT Sport Field Improvement Fund Policy The City of Lake Forest has a long history of working together with youth sports organizations to best serve the recreational needs of the community. The City has traditionally provided the land and maintenance services to support the efforts of volunteer and travel youth sport leagues. Over the past several years a number of significant changes have taken place in the community that have directly impacted the provision of services to youth sports groups. • The popularity of soccer has grown tremendously, including growth in house league programs and the volume of travel teams. • New sports have been added to the scope of offerings including lacrosse and field hockey. • At the same time, baseball and football has continued in popularity with the potential for further growth in the next several years. • The dramatic increase in participation in youth sports has required additional dedication of land for practice and games as well as a greater level of maintenance in order to keep the fields in playable shape. The added challenge is that many of the sport fields have been placed in neighborhood parks that were not designed to support on-going turf usage. • The City has limited resources to keep pace with the many sport field needs. This program will provide an on-going mechanism for funding some of the needed improvements and sustaining high quality athletic fields for the benefit of the entire community. To date, the City has only charged organizations for the cost of weekly field preparation and some direct materials cost. The fees have not contributed to assisting with any major repairs or capital improvement projects. Fair Share Sport Field Improvement Structure: To address the need to provide a funding mechanism to assist with major repairs and improvement projects, staff will implement the fair share sport field improvement fee beginning in the Fall 2010. Each youth sport organization or Recreation Department youth sport field program that uses City owned fields will be assessed a per player per season fee to help fund an upgraded sport field improvement program. Outside youth sport organizations will be charged a $20 per player per season fee. Recreation department programs will be assessed a $10 per player per season fee. This approach allows for a proportionate level of support based upon volume of players and their potential scale of impact on sport field needs. Benefits: Applying a sport field impact fee, will allow the City to elevate its maintenance standards and accelerate its improvement capabilities as noted below: Topdressing and Over seeding: A key component of the sports field improvement plan is topdressing the fields on a regular basis. Repeated topdressing over a long period, 22 especially in conjunction with aeration, provides many benefits including improving the soil profile, protecting the turf seeds and young plants, protects the crowns of existing turf and improves drainage. Topdressing also helps decompose thatch and aids in leveling uneven playing surfaces. Aerification to Reduce Soil Compaction: Compaction is one of our biggest problems with our fields. Our high volume of use on the fields has made our soil denser which provides less cushioning for players and results in less stress tolerance and increased susceptibility to weeds, disease and insect problems. Turf Density: Athletic field performance (turf density) can be improved with increasing the frequency of mowing and increasing the amount of fertilization in conjunction with topdressing, over seeding and aerification. Improving Drainage and Irrigation: The importance of proper surface and sub-surface drainage and irrigation abilities cannot be overstressed as a major contributor to the quality of fields. Surface drainage is important but unfortunately many of our existing fields were not constructed with sufficient irrigation or surface drainage and only a few fields have underground drainage. Hopefully, with the development of the Rt. 60 Park we can close a few of our fields for a season or two and install the necessary drainage or irrigation system. Field Enhancements: This improvement fund could also allow us to fund other sport field enhancements such as replacement of backstops, addition of dugouts, scoreboards, bleacher seating, addition of a maintenance or restroom facility, and more. Administration Guidelines: The program will be administered as follows: 1) Staff will conduct an informative meeting with all youth sport organizations currently using the City’s fields. 2) Funds would be collected from all sport organizations and department outdoor sport field programs beginning in fall 2010 (if registration has not already occurred) based upon a the per player per season fee. Fees will be collected from each organization each season along with their residency records. Recreation department registrants would have the fee collected as part of their program fee. For example, a player that is involved in travel soccer that plays in the fall and spring would be assessed $40 for the year. 3) The Fair Share Sport Improvement Fee would be reviewed by the Park and Recreation Board on an annual basis to determine if the fee is appropriate. 4) Funds for each type of sport would be accounted for in separate accounts. For example, accounts would be set up for soccer, baseball/softball, football, and remaining field sports. This would allow the City to use funds in such a manner to directly benefit that sport. 5) While each organization’s contributions will be credited to a “sport account fund”, funds will be expended according to the prioritization of projects as determined by the City Parks and Recreation Department. This will allow the funding of projects to be based upon need while ensuring that a particular group’s contributions are acknowledged in the long term. Monies may be collected over a period of time to accumulate to a necessary amount to fund identified priorities. This accumulation may span more than one year. 23 6) All organizations will have the opportunity to make recommendations on behalf of their needs to the City on an annual basis. In addition, the City will provide an accounting of income and expenses to each organization on an annual basis. 7) Projects eligible for funding by the Fair Share Sport Field Improvement Fund will be limited to maintenance, replacement or development. Maintenance is defined as performing work outside the normal weekly maintenance schedule for sports fields including all of the benefits provided in the above list as well as replacement or repair of structures and equipment directly related to the delivery of the sport field facilities. 8) The Sports Field Improvement Fund is intended to assist the City and participating youth sport organizations in maintaining quality sports fields in the community. The fund may, on occasion, be combined with other funding sources such as City capital funds, donations or grant money to accomplish major renovations or additions to sport field facilities. 9) In order for the program to be successful and effective, all youth sport organizations using the City’s owned or leased sport facilities must participate. The theory is that we can accomplish more by working together. Park Board approved this policy in November 2007 but held off on implementing it until 2010. City Council received information on this program in June and September 2010. 24 CITY OF LAKE FOREST LAKEFRONT BOAT BASIN DREDGING POLICY DREDGING DESCRIPTION: Dredging is a necessary maintenance activity at the lakefront for the purpose of removing deposited sand and sediment that impedes proper clearance for boat launching within the City operated Forest Park boat basin. Dredging requires specialized equipment and man power to complete the work. Background on this lakefront service began when the City reconstructed the lakefront in 1987 and built what is known today at Forest Park Beach and Boat Basin. In 2001, the City justified the purchase of its own dredger equipment based upon anticipated return on investment benefits and enhanced control of scheduling the dredging to ensure maximum boating seasons. Today, dredging is conducted annually by the Parks section of the Parks and Recreation Department. The dredger is stored at the Municipal Service Facility and must be commercially trailered to the lakefront where a commercial crane lifts the dredger from the trailer to the water. BENEFITS: • Enhances safety for all boaters by reducing potential risks of boats being grounded within or at entrance points of the basin. • A usable harbor supports the year-round City-operated community sailing school including adult and youth classes. • Fulfills City’s commitment to our patrons paying fees for storage and launching privileges by providing access to Lake Michigan during the primary boating months (May-October). • Provides services which result in revenue streams to help support lakefront services and capital expenses. • As a lakefront community, a useable harbor maximizes the enjoyment and intrinsic value of this unique environmental feature. DREDGING PRACTICES: Two dredging events would be planned annually based upon criteria outlined below: 1) Annually, the Parks and Recreation Department will commit funds in the lakefront budget to complete two dredges per fiscal year. 2) Annually, the Parks and Recreation Department will commit and plan for sufficient manpower to complete two dredges per fiscal year. 3) Annually, the Parks and Recreation Department will make arrangements in advance with the necessary towing and crane vendors to ensure expedient delivery and removal of the dredger for each dredging cycle. 4) Parks and Recreation staff will track the water depth of the basin throughout the summer. If by August 31stLabor Day the level is less than 5 1/2 feet, the Department will conduct a second dredge. If the water level is greater than 5 1/2 feet, no second dredge will occur. 5) The second dredge, if determined necessary, will be conducted in the week immediately after Labor Day, weather permitting. This timeframe provides the least disruption to boat launching which has its prime season through Labor Day. 6) The Main Dredge will occur in the spring with the goal of having the basin ready for use by May 1st, weather permitting. The Main Dredge will encompass sand and sediment removal in the entire basin, including the mouth of the basin and the area immediately south of the basin mouth. If deemed necessary, the second dredge will occur in the week immediately following Labor Day and will encompass sand and sediment removal from beneath the cranes, creating a path to in the mouth of the basin and the area immediately south of the basin mouth only. (See attached dredging diagram) 25 7) The Department will not begin a second dredge after October 1, 2012. 8) If after a second dredge the basin fills in again with sand, no additional dredges will occur for that calendar year. Adopted: Park Board Approval: 04/10/2012 12/11/2012 City Council Approval: 05/7/2012 26 The City of Lake Forest CITY COUNCIL Proceedings of the February 19, 2013 Regular Meeting 7:30 p.m. – City Hall Council Chambers CALL TO ORDER AND ROLL CALL: Acting Mayor Schoenheider called the meeting to order at 7:36 p.m. Deputy City Clerk Margaret Boyer called the roll of Council members. Present: Acting Mayor Schoenheider, Alderman Novit, Alderman Waldeck, Alderman Moore, Alderman Pandaleon, Alderman Tack, Alderman Palmer. Quorum present. Also present were: Robert Kiely, City Manager; Marlo Del Percio, City Attorney; Catherine Czerniak, Director of Community Development; Susan Banks, Communications Manager; Michael Thomas, Director of Public Works; Bob Ells, ; Anne Whipple, Communications; Jim Held, Police Chief; Chuck Meyer; Superintendent of Parks and Forestry. Special Guest, Senator Julie Morrison. There were approximately 30+ present in the audience. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Acting Mayor Acting Mayor Don Schoenheider introduced Margaret Boyer as the new Deputy City Clerk, in addition to a special guest, State Senator Julie Morrison. The 29th district now includes all of Lake Forest .Senator Morrison is looking forward to working with the City of Lake Forest on special issues. Senator Morrison stated she will be serving on the Environmental Committee, Education Committee, Human Services, Veteran Affairs Committee and Appropriations Committee. These committees reflect interest across the district, Senator Morrison would like Lake Forest to reach out to her for anything she can help with. 2. Comments by City Manager City Manager Bob Kiely introduced James Dudek, External Affairs Manager from Com Ed. An annual report for 2011 was presented to council. A. CBD Train Station Renovation Project Update City Manager Bob Kiely presented an overview of the 2013 ITEP Grant (Illinois Transportation Enhancement Program) in the amount of 1.2 million dollars. The City recognized the partnership with the Lake Forest Preservation Foundation, City Staff; Carina Walters, Dan Martin, Chuck Meyers, Bob Ells, Holland & Knight, and others. This is a multi-faceted, multiyear project that is extremely complicating; however, this initial presentation is very high level and future presentations will follow. 27 Project approx. 3million of work put into location over next three years, a cost breakdown was given. A. Alderman Moore A new Community Forum discussion- will be held tomorrow night at 7 pm, on Granny Flats a nick name for accessory buildings like coach houses. These forum discussions are not televised and are an opportunity for concerns, questions and possibilities raised by the public for City Council consideration. These forums will be held on the third Thursday of the month at Gorton Community Center. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS None ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval to renew an Agreement for Financial and Land Parcel Management System Software Maintenance and Licensing for FY2014 Staff requested City Council approve to renew a one-year agreement with Sungard/HTE software which includes maintenance services and licensing. The Sungard/HTE Company has been providing The City of Lake Forest services for a financial and land parcel management software system since 1998. This system is one of the largest software systems to support City operations. It encompasses financial, payroll, purchasing, general ledger, budget, water billing, accounts receivable, fixed assets, parcel management, code enforcement, building permits, and land management planning and zoning. RECOMMENDED ACTION: Waive the bid process and approve a one (1) year maintenance agreement with Sungard/HTE for software support and licensing of the City’s financial and parcel management system based on the sole source vendor quote. 2. Consideration of an Ordinance Approving a Recommendation from the Zoning Board of Appeals. (First Reading and Final Approval) 1 Westminster Place – The Zoning Board of Appeals recommended approval of a height variance to allow the installation of a replacement back-up generator on the roof of an existing commercial building. The replacement generator is larger than the existing generator in order to support technology systems which were not in the building when the existing generator was installed many years ago. One letter was submitted in support of this petition; no other public testimony was submitted. (ZBA Board vote: 7-0, approved) The Ordinance approving this petition as recommended by the Zoning Board of Appeals including conditions of approval and complete exhibits are available for review in the Community Development Department. Recommendation: Waive first reading and grant final approval of the Ordinance in accordance with the recommendation of the Zoning Board of Appeals. 28 3. Request for City Council Approval of an Agreement for Professional Services for a Storm Water Study and a Fiscal Year 2014 Transfer of .5% Home Rule Sales Tax to the Capital Improvements Fund Staff is requesting City Council approval to enter into an agreement with Baxter & Woodman to perform a Storm Water Management Study. As defined in Section 8.0 D-1 of the City’s purchasing procedures, a “Request for Qualifications” process occurred in late January with an interview and subsequent negotiations with Baxter & Woodman. Because of Baxter Woodman’s past involvement in storm water studies for the City and their knowledge of the storm water system, staff is recommending the firm be utilized for this project. The study will evaluate the City’s entire storm water management system to include storm sewers, roadside ditches, and ravines. The study will determine areas where the system requires improvements and / or replacement of pipe, inlet structures, ditching, or ravine repairs. Baxter & Woodman will incorporate areas of concern from residents and evaluate their relationship with potential deficiencies in pipe size, outfalls, and overland drainage patterns. After all data has been collected, Baxter & Woodman will focus on eight to ten general areas throughout the City where deficiencies exist. A prioritized list of capital improvements will be developed and presented to both City Council and staff in time for the development of the F.Y. ’15 Capital Improvement Plan. This is expected to occur in September or October, 2013. In October, 1991, Baxter & Woodman performed a comprehensive storm water drainage study for The City of Lake Forest. Computer models of the drainage system were used to identify problem areas and deficient facilities. The report provided a five phase capital improvement plan to address needed areas. Over the next ten years, the City addressed a number of the noted areas. However in October, 2001, the City experienced a three day rain event that caused a significant amount of flooding. A Rainfall Emergency Plan was developed by the Public Works Department and an Ad-Hoc Sewer Oversight Committee was established. Baxter & Woodman was contracted as the City’s consulting engineer to make recommendations that reduced flooding impacts and prioritized storm water improvement projects. They focused on three specific areas that received significant flooding during the October, 2001 flood. The projects primarily focused on the Northmoor and Whispering Oaks neighborhoods and the southwest area of the Fourth Ward. Since that period, nine of the eleven high priority projects noted by Baxter & Woodman have been completed. In May, 2010, the City experienced another significant rain event and received over 80 phone calls from concerned residents. A majority of the calls received were from areas where complaints had not been received in the recent past. The proposed study will evaluate all of the areas of concern and will prioritize projects for a ten year capital improvement plan. As was included in the proposed F.Y. 2014 Capital Plan presented at the November 19, 2012 budget meeting, $100,000 is allocated in next fiscal year’s budget to perform this study, funded by a transfer of .5% home rule sales tax revenue. Since the study itself will guide staff in prioritizing storm water improvements in the F.Y. 2015 capital budget, data collection and computer modeling will need to commence immediately. Generally Accepted Accounting Principles (GAAP) requires that all work completed by April 30, 2013 must be paid with current fiscal year funds. Baxter & Woodman has estimated their expenses to be $33,320 of the $99,920 for the period of February 20 – April 30, 2013. Savings realized in this year’s capital improvement fund will pay for the expense through the end of the fiscal year. The remaining $66,600 will be paid via the F.Y. 2014 Capital Improvements Fund. Upon completion of the study, the full amount paid will be funded via the proposed sales tax transfer to the Capital Improvements Fund. 29 Baxter & Woodman’s proposal is not to exceed amount of $99,920. Recommendation: If appropriate and should the City Council desire, Staff requests that City Council approve a storm water drainage study with Baxter & Woodman in the amount of $99,920; this $80 less than the budgeted amount of $100,000. The funding year, sources, and amounts, are noted in the above tables. Staff further requests approval of a transfer of .5% home rule sales tax revenue to the Capital Improvement Fund in the full approved amount. 4. Approval of the February 4, 2013 regular City Council minutes RECOMMENDED ACTION: Approve The Omnibus items as read. Alderman Novit moved, seconded by Alderman Palmer, to approve the Omnibus items with the proviso that the attorney gets review and approval of item #3. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. ORDINANCES 1. Consideration of a Recommendation from the Plan Commission in Support of Ordinances Approving Special Use Permits for Restaurants within 150’ of a Residential Zoning District; the Westwood Bistro and the 9 Fifty Whiskey Bar, both Proposed in Westwood Square, 950 N. Western Avenue. (Waived first reading and granted final approval.) Cathy Czerniak stated on December 12, 2012 and January 24, 2013, the Plan Commission held a public hearing to consider the request from the owner of 950 N. Western Avenue, Westwood Square LLC, for Special Use Permits to authorize two new restaurants to occupy the tenant spaces previously occupied by Burger King and King Maa. This petition is before the City Council for consideration with a recommendation for approval from the Plan Commission subject to numerous conditions of approval. Restaurants and bars are permitted outright in the B-2 zoning district except when they are within 150 of a residential zoning district. The Special Use Permit process allows conditions of approval, which would not otherwise be put in place for restaurants in the B-2 zoning district, to be established for restaurants located near residential neighborhoods. Conditions of approval as part of a Special Use Permit impose a higher bar for operations and facilities and provide for specific limitations to mitigate the impacts of light, noise and general activity on neighboring homes. The Westwood Bistro and the 9 Fifty Whiskey Bar are proposed by a single owner. The Westwood Bistro will be a full service restaurant located in the former Burger King space. The Bistro will have a full kitchen, a dining room with seating for approximately 120 people and a bar. On a seasonable basis, outdoor dining, with limited hours, is planned. The 9 Fifty Whiskey Bar, despite its name, will be a restaurant and a bar, with a more casual atmosphere than the Westwood Bistro. This business will be 30 located in the former King Maa space and is intended to serve an adult clientele whereas the Bistro is intended to attract a full spectrum of customers, families, as well as adult diners. The Plan Commission received testimony from many residents about potential negative impacts of the proposed uses on the surrounding neighborhood. Through the course of its deliberations spanning two meetings, the Commission developed conditions addressing the majority of the concerns raised including, but not limited to, parking and on site traffic circulation, screening of roof top mechanicals, landscaping, closing time for the outdoor patio and overall maintenance of the site. The Commission heard concerns about the 9 Fifty Whiskey Bar specifically, but recognized that the establishment as proposed is similar to other restaurant/bars in the community. The Commission acknowledged that resident concerns about hours of operation were not fully addressed, but noted that closing times for restaurants have not in the past been established by the City through Special Use Permits. The hours of operation proposed for the new restaurants are generally consistent with those of other restaurants in the community. A summary of published hours for other restaurants in Lake Forest is included in the packet for the Council’s information. At the conclusion of the Plan Commission public hearing, the Commission voted 6 – 0 to recommend approval of the requested Special Use Permits to the City Council subject to numerous conditions of approval. Ordinances including the findings on which the Commission’s recommendation is based and the recommended conditions of approval were included. For additional information, a report from the Plan Commission is also included in the Council’s packet. The complete record of written testimony submitted for this petition is available upon request from the Community Development Department. Vote; Motion to waive first reading of an Ordinance authorizing the location of the Westwood Bistro within 150’ of a residential zoning district subject to conditions of approval. Alderman Palmer moved, seconded by Novit to approve waiving first reading. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Motion to grant final approval, (subject to adding section 3 condition 10 , kitchen ceases operation at 10 pm) of an Ordinance authorizing the location of the Westwood Bistro within 150’ of a residential zoning district subject to conditions of approval. Motion to waive first reading of an Ordinance authorizing the location of the 9 Fifty Whiskey Bar within 150’ of a residential zoning district subject to conditions of approval. Alderman Palmer moved, seconded by Novit to approve waive first reading The following voted “Yea” Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay” None. 8 Yea 0 Nay, Motion carried. Motion to grant final approval , (authorizing 3F and # 9 condition , kitchen seizes at 10 pm) of an Ordinance authorizing the location of the 9 Fifty Whiskey Bar within 150’ of a residential zoning district subject to conditions of approval. 31 Alderman Palmer moved, seconded by Novit to approve waive first reading The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Motion to direct staff to prepare the Liquor Licenses associated with the Westwood Bistro and 9 Fifty Whiskey Bar for Council consideration at the next meeting. Alderman Palmer moved, seconded by Novit, to approve waiving first reading. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Palmer and Adelman. The following voted “Nay”: None. 8 Yea 0 Nay, Motion carried. Acting Mayor Schoenheider commended Cathy Cz and staff along with the plan commission on a very thorough job well done with this project. He commented that the City looks forward to two new successful businesses in the downtown. 2. Consideration of an Ordinance Amending Chapter 46, Section 10(E) of the City Code as it Relates to Fences in Ravines and on Bluffs as Recommended by the Plan Commission. (First reading) Cathy Czerniak at the direction of the City Council, the Plan Commission held a public hearing on January 24, 2013, to consider an amendment to the City Code to address fences in ravines and on bluffs. Based on the recommendation of the Plan Commission, an Ordinance amending the City Code to add regulations limiting fences in these sensitive areas is now before the City Council for consideration. Most ravines and bluffs are private property. In the past, staff has worked closely with residents who own property that extends into ravines or over bluffs to discourage construction of fences in these sensitive areas. In many cases, a workable solution is found to address the resident’s desire for privacy and yard enclosure while at the same time protecting the ravine or bluff and the natural character of these areas. However, the Code, as written today, does not specifically prohibit fences in ravines or on bluffs despite the fact that fences in these areas often have impacts that are contrary to the intent of various provisions of the Code as it relates to stormwater flows, tree preservation and slope stability. As a result of some fences recently constructed in ravines, several residents have contacted members of the City Council and City staff expressing concern about the impacts of these fences. This agenda item is not about any specific fence, but instead, requests Council consideration of fences in ravines and on bluffs broadly. The Code amendment as recommended by the Plan Commission: 1) prohibits fences in ravines and on bluffs; 2) acknowledges that individual property owners will be able to request a variance from the Code provisions and establishes criteria under which such requests should be considered; and 3) establishes an amortization period for existing fences. The Plan Commission heard testimony from several residents in support of the proposed amendment as well as testimony from the owner of a ravine property noting concerns about privacy and liability that are best addressed by fences. During deliberation, the Plan Commission stated support for establishing regulations pertaining to fences in these sensitive areas but acknowledged that requiring removal of existing fences would need to be appropriately balanced with the investments made by property owners. 32 At the conclusion of the public hearing and deliberation, the Plan Commission voted unanimously to recommend an amendment to the Code to prohibit fences in ravines and on bluffs, establish criteria on which requests for variances are evaluated and set an amortization period of ten years for existing fences so long as the fence remains in good repair and the property remains in the same ownership. The Code amendment language as recommended by the Plan Commission is included in the Ordinance. Recommendation: Waive first reading of an Ordinance amending Chapter 46, Section 10(E) of the City Code pertaining to fences in ravines and on bluffs and if desired, grant final approval. After a great deal of discussion from all Council members. Motion to adopt 1st reading , and imposing a moratorium on issuing fence permits by Alderman Pandaleon seconded by Alderman Reisenberg , The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Reisenberg, The following voted “Nay”: Alderman Palmer, Adelman. 6 Yea 2 Nay, Motion carried. Devin Dallas along with Don Surdonny spoke against Amending the Ordinance. NEW BUSINESS 1. Discussion on Liquor Sales at Gas Stations Council and Chief of Police Held spoke about the impact of liquor sales earlier in the Finance Committee meeting . Impacts on the City regarding were safety, possibility of stealing and minors. Bill Lombardis, who own the Shell station at, 193 Deerpath, is seeking A1 license for beer and wine. City Manager Bob Kiely reported that the City Attorney is in the midst of a rewriting of the City’s current liquor ordinance(s), and that any Council member who would like to add input can and should do so. 2. Approval of Rt. 60 Median Landscape Plan Chuck Myers is seeking City Council approval for the Rt. 60 landscape plan which includes the three (3) medians along this gateway corridor. Since the December 3, 2012 City Council meeting, City staff has continued to research and refine options to address landscape concerns of the three medians on Rt. 60. Based on feedback from staff and various stakeholders, it has been determined that the best approach is to look at each of the medians individually and design a plan to match the unique features of each, while at the same time, maintaining continuity throughout the entire corridor. There were three proposed options for consideration. After debate option A was chosen. OPTION A 33 Option A, proposed that the western most median be landscaped with turf grass, clumps of prairie grasses and smaller canopy trees. The center median is proposed to be landscaped with a stylized prairie concept and bordered with a four foot grass strip. The eastern median would be landscaped with only grass. Staff is also recommended that irrigation be installed to maintain a quality appearance throughout the seasons. The Advantages of Proposed Plan Option A are as follows: • quality appearance during all seasons of the year • minimizes annual maintenance needs and costs • provides a relatively sustainable landscape • can be established quickly to meet resident expectations • fits within the overall landscape palette that already exists with other shareholder’s property along the corridor • overall costs are less than other options considered The improvements that will have the greatest impact on survivability of the plant material are the improvements to the soil and the addition of irrigation. Regardless of Option, the risk of plant loss cannot be eliminated completely; however, the proposed design does reduce the risk significantly. It should also be noted that the total cost for plant material in the proposed plan is approximately $22,000. Even if some plants require annual replacement. The proposed plan, Option A, has been reviewed and discussed with a number of stakeholders and we have received very positive feedback from those that have reviewed it, including representatives from Academy Woods, Stonebridge and the Conway Park Owner’s Association. We have also reviewed the plan with the Civic Beautification Committee who also support Option A. City staff has submitted the Option A plans to IDOT and we are awaiting approval. In tandem, dialogue with the State has been very positive and it appears approval is close. As part of the requirement for the State’s approval, we also need to pass a City Resolution for the installation and maintenance of this landscape in the State right-of-way (page 65 Attachment 5). It is important to note that Option B, the addition of a two-foot wall to the center median, was not submitted to the State as part of the improvement plan. In discussion with the Permit Technician reviewing our plan, he expressed a number of concerns with adding a wall and said it would require a much more extensive (and lengthy) review process. He also mentioned that it has not been done on other State Highways in Lake County and it was highly unlikely to be approved. Staff believes with Option A we have developed a plan that will provide an attractive gateway to this community and one that will achieve our goals in a fiscally responsible manner. The total estimated cost for the Rt. 60 median project is $230,000. This amount includes expenses related to tree removals and transplanting, soil excavation, hardscape and utility modifications, irrigation, all plant materials and a 10% contingency. 34 We currently have $46,500 remaining in the Rt. 60 Beautification Fund and $30,000 in the Tree Preservation Fund. With the estimated $230,000 total cost, staff will continue to seek stakeholder’s contributions. Staff is requesting that City Council consider using General Fund Balance Reserves for the remaining unfunded $153,500. Recommendation: If appropriate, staff recommends approval of Option A, Rt. 60 landscape plan which includes the three (3) medians along this gateway corridor, using the Route 60 Beautification Fund in the amount of $46,500, the Tree Preservation Fund in the amount of $30,000 with remaining expenses of $153,500 expended from the General Fund Balance Reserves. Further the City Council approves the execution of the IDOT Maintenance Resolution, Resolution # 2013-004. Residents Ron Pazinski , Terry and Joann Desmond, spoke in favor of Option A Alderman Reisenberg moved, seconded by Palmer to approve Option A and pass resolution# 2013-004. The following voted “Yea”: Aldermen Novit, Waldeck, Moore, Pandaleon, Reisenberg, Palmer and Adelman. The following voted “Nay”: Alderman Tack. 7 Yea, 1 Nay, Motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business, Alderman Pandaleon moved, seconded by Alderman Moore to adjourn the meeting at 10:16p.m. The motion carried unanimously by voice vote. . _____________________________ __________________________ Acting Chair Kent Novit Deputy City Clerk Margaret Boyer 35 FIRST AMENDMENT TO POWER SUPPLY AGREEMENT THIS IS A FIRST AMENDMENT (“First Amendment”), dated as of March 4, 2013, to a Power Supply Agreement (“Agreement”) dated as of April 6, 2012, between THE CITY OF LAKE FOREST, an Illinois home rule municipal corporation (“City”), and MC SQUARED ENERGY SERVICES, LLC, an Illinois limited liability company (“Vendor”) (collectively, the City and Vendor are the “Parties”). IN CONSIDERATION OF the mutual covenants set forth in this First Amendment, the receipt and sufficiency of which are hereby acknowledged, the City and Vendor agree as follows: SECTION ONE. RECITALS. A. On April 6, 2012, the City and Vendor entered into the Agreement to memorialize their rights and responsibilities regarding the supply of electricity by Vendor for the City's/Village's Aggregation Program. B. The Parties now mutually desire to amend the Agreement, in accordance with Section 8.B of the Agreement, to reflect certain enhancements and amended terms of the services to be provided by Vendor to the City pursuant to the Agreement. SECTION TWO. DEFINITIONS; RULES OF CONSTRUCTION. A. Definitions. All capitalized words and phrases used throughout this First Amendment shall have the meanings set forth in the various provisions of this First Amendment. If a word or phase is not specifically defined in this First Amendment, it shall have the same meaning as in the Agreement. B. Rules of Construction. Except as specifically provided and amended in this First Amendment, all terms, provisions and requirements contained in the Agreement shall remain unchanged and in full force and effect. SECTION THREE. AMENDMENT OF AGREEMENT. A. Section 2 of the Agreement is hereby amended further, and shall read as follows: “ARTICLE 2. DEFINITIONS Whenever used in this Agreement, the following terms shall have the meanings defined below except where the context indicates otherwise. * * * D. “Aggregation Consultant” or “Consultant” shall refer to Intelligent Power Partners LLC, the independent consultant with demonstrated expertise in electric supply contracting that has been retained by the Consortium to assist with the implementation of 36 each member municipality’s Program; or such other independent consultant as may be identified by the City. * * * PP. “Vendor Margin” shall mean the amount charged by the selected Vendor above the market price for electricity supply, capacity, transmission, and ancillary services, as provided in, and in accordance with, Section 5.B.2 5.E.2 of this Agreement.” B. Section 4.A.1 of the Agreement is hereby amended further, and shall read as follows: “ARTICLE 4. PROGRAM RESPONSIBILITIES * * * A. City Responsibilities. 1. Customer Information. Vendor and the City shall cooperate to obtain the Customer Information from ComEd, subject to the limitations on disclosure of the Customer Information established at law, including without limitation the Act, Section 16-122 of the Public Utilities Act, 220 ILCS 5/16-102, and Section 2HH of the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2HH. The City agrees to request the Customer Information from ComEd not less than twice in each 12-month rolling period within the Agreement Term. The Vendor agrees to reimburse the City for all costs incurred by the City pursuant to this Section 4.A.1, in accordance with Section 5.F of this Agreement.” C. Section 5.B.2 of the Agreement is hereby amended further, and shall read as follows: “ARTICLE 5. VENDOR SERVICES The Vendor shall supply all of the following services in support of the Program (collectively, the “Services”): * * * B. Program Implementation. * * * 2. Enrollments. Vendor shall perform the following 37 Aggregation account enrollment tasks: * * * b. New Accounts. Vendor shall facilitate the addition of new customer accounts to the Aggregation Program during the term of this Agreement. The Village and the Vendor shall cooperate in good faith to identify, not less than once per calendar quarter, potential new customers who have established new electricity service through the Electric Utility in the Village during the preceding calendar quarter, and to inform such potential new customers of the availability of the Aggregation Program. Vendor shall also develop, by March 31, 2013, an internet-based platform to facilitate the addition of new customer accounts for such potential new customers. Vendor shall pay all costs of mailings sent to such potential new customers, and all costs of the internet enrollment platform, in support of the requirements set forth in this Section 5.B.2.b. * * * i. Enrollment and Disenrollment Charges. Vendor shall not assess any fees on Aggregation Members except in accordance with the Plan of Operation of Governance, and as follows: 1. Early Termination Fee. Members may terminate service from the Vendor during an individual Price Lock Term without penalty or fee if they: (A) relocated within, or outside of, the Village; or (B) rescind their participation in the Program not later than ten (10) days after they receive an enrollment notice from ComEd. Members who did not opt out of the Program during the Opt-Out period for an individual Price Lock Term and who later leave the Program for other reasons may be assessed an early termination fee by the Vendor not to exceed $25.” * * * 38 D. Section 5.E.6 of the Agreement is hereby amended further, and shall read as follows: “ARTICLE 5. VENDOR SERVICES * * * E. Price. * * * 6. Fixed Vendor Margin. The Vendor acknowledges and agrees that the amount set forth as the “Vendor Margin” in Exhibit A to this Agreement shall be fixed, and shall not be subject to escalation, throughout the Initial Agreement Term; provided, however, that notwithstanding Exhibit A to this Agreement, the Vendor Margin shall not exceed 0.079 cents per Kwh for any Subsequent Price Lock Term.” E. The sample opt-out letter set forth in Exhibit D to the Agreement is hereby replaced with the sample opt-out letter set forth in Exhibit D-1 to this First Amendment. SECTION FOUR. REPRESENTATIONS. A. By the City. The City hereby represents and warrants that: (1) the persons executing this First Amendment on its behalf have been properly authorized to do so by the City Council; (2) it has full power and authority to execute and deliver this First Amendment and to perform all of its obligations imposed pursuant to this First Amendment; and (3) this First Amendment constitutes a legal, valid and binding obligation of the City enforceable in accordance with its terms. B. By Vendor. Vendor hereby represents and warrants that: (1) the persons executing this First Amendment on its behalf have full authority to bind Vendor to the obligations set forth in this First Amendment and to so act on behalf of Vendor; (2) it has full power and authority to execute and deliver this First Amendment and to perform all of its obligations imposed pursuant to this First Amendment; and (3) this First Amendment constitutes a legal, valid and binding obligation of Vendor enforceable in accordance with its terms. [SIGNATURES ON FOLLOWING PAGE] 39 IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date first above written. ATTEST: THE CITY OF LAKE FOREST, an Illinois home rule municipal corporation By: By: Its: Its: ATTEST: MC SQUARED ENERGY SERVICES, LLC, an Illinois limited liability company By: By: Its: Its: #12298733_v1 40 EXHIBIT D-1 SAMPLE OPT-OUT LETTERS 41