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CITY COUNCIL 2017/03/06 AgendaTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, March 6, 2017 at 6:30 pm City Hall Council Chambers Honorable Mayor, Donald Schoenheider Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward Timothy Newman, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Resolution of Appreciation for retiring Fire Marshall, Robert Serkowski A copy of the Resolution can be found beginning on page 14 COUNCIL ACTION: Approve the Resolution B. Swear in Police Commander Dwight Davis C. Approval of an Ordinance Amending Chapter 111 (“Alcoholic Beverages”) of the City Code Relating to “Sip and Shop” and “Bring Your Own Beverage” Liquor Licenses (Waive First Reading and Grant Final Approval) PRESENTED BY: Victor Filippini, City Attorney STAFF CONTACT: City Clerk Margaret Boyer (810.3674) PURPOSE AND ACTION REQUESTED: Staff requests approval of an Ordinance that creates three new liquor license categories to allow for (i) “sip and shop” experiences in Grocery Stores, (ii) “bring your own beverage” licenses for establishments that do not otherwise hold a liquor license, and (iii) special event “bring your own beverage” licenses for establishments that do not otherwise hold a liquor license. Various provisions in Chapter 111 of the City Code for The City of Lake Forest will be amended to effect these changes. BACKGROUND/DISCUSSION: The City has recently been approached by various businesses and other entities seeking approvals for new types of liquor licenses, as more fully discussed below. “Sip and Shop” Currently, grocery stores in the City that sell alcoholic beverages typically obtain “package store” (i.e., off-premises consumption) licenses. Sunset Foods has requested the City to amend the City’s liquor regulations to authorize customers to “sip and shop,” which is an increasingly 1 Monday, March 6, 2017 City Council Agenda common practice among grocery stores similar to Sunset Foods. As presented in the attached ordinance, a Class J “sip and shop” license would be limited to grocery stores that already have a liquor license issued by the City and meet certain other criteria. Further, the sale of alcoholic beverages for on-site consumption would be limited to individual servings of beer and wine that is poured for the customer (i.e., not in the original container). Staff recommends an annual license fee of $500.00 for a Class J license. This would be in addition to the fee for the grocery store’s off-premises sales license. New “BYOB” Licenses The City currently authorizes “bring your own beverage” licenses, but they are limited to establishments that otherwise have a traditional on-site consumption license. A new business has approached the City that seeks to have a “BYOB” option without otherwise holding a liquor license from the City. The proposed Class I-2 license category would authorize BYOB establishments that do not hold a liquor license. Only beer and wine could be consumed by customers in a Class I-2 establishment. Notwithstanding the lack of actual sales by the license holder, the draft code amendments provide that Class I-2 licensees would be deemed to be selling liquor for purposes of BASSET training and related matters. In addition to the new Class I-2 BYOB licenses, the draft ordinance also would amend the City’s liquor regulations to permit special event BYOB events on City property. The special event BYOB licenses would be similar to “for sale” special event licenses. Staff recommends an annual license fee of $1,500.00 for a Class I-2 license, as well as a $100/event fee for a Class I-3 license. These fees will be moved to the City’s Fee Schedule. If the City Council is amenable to making the aforementioned changes to the City Code, it can do so by approving the draft ordinance that begins on page 15 of the agenda packet. Additionally, if the ordinance is approved, the Mayor as Liquor Commissioner would be authorized to issue a “sip and shop” license to Sunset Foods, as well as one Class I-2 BYOB license on the condition that all applicable building and life safety code permits are met, along with the fulfillment of the application process. COUNCIL ACTION: Waive first reading and grant final approval of an Ordinance that amends Chapter 111 of the City Code to permit “sip and shop” liquor licenses and stand-alone BYOB licenses. 2.COMMENTS BY CITY MANAGER A. Community Spotlights 1.Lake Forest Elementary School District 67 -Mike Borkowski, President, Board of Education 2.Lake Forest High School District 115 -Mike Simeck, Superintendent -Reese Marcusson, President, Board of Education 2 Monday, March 6, 2017 City Council Agenda 3.LEAD Speak Up! Prevention Coalition - Andy Duran, Executive Director 3.COMMENTS BY COUNCIL MEMBERS 4.OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS 5.ITEMS FOR OMNIBUS VOTE CONSIDERATION 1.Approval of the February 21, 2017 City Council Meeting Minutes A copy of the minutes can be found on page 19. COUNCIL ACTION: Approval of the Minutes 2.Check Register for Period January 28- February 24, 2017 Fund Invoice Payroll Total General 460,762 1,161,701 1,622,463 Water & Sewer 83,882 121,478 205,359 Parks & Recreation 122,454 296,368 418,822 Capital Improvements 38,754 0 38,754 Motor Fuel Tax 0 0 0 Cemetery 7,200 18,994 26,194 Senior Resources 11,545 19,720 31,265 Deerpath Golf Course 19,972 1,989 21,961 Fleet 79,637 40,595 120,232 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 268,658 140,368 409,026 $1,092,863 $1,801,213 $2,894,076 3.Award of Contract for the West Fork Drive and Hackberry Lane Drainage Improvements STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a contract for the West Fork Drive and Hackberry Lane Drainage Improvement project to R.A. Mancini, Inc. BACKGROUND/DISCUSSION: In 2014, Baxter & Woodman completed a comprehensive storm water drainage study for The City of Lake Forest. Computer models of the drainage system 3 Monday, March 6, 2017 City Council Agenda were used to identify problem areas and deficient sewers. The report identified thirteen locations to address needed storm sewer improvements. The highest priority project was identified as improvements to the Westfork & Hackberry neighborhood. The report identified that the existing storm sewer needs to be enlarged to meet the minimum requirements of the Lake County Watershed Development Ordinance in order to handle a 10-year storm event, and will minimize street and intersection flooding. Once the new sewers are installed, landscaped areas will be restored, new curb and gutter will be installed, and the affected roads will be resurfaced. On February 9, 2017, a letter was mailed to the 200 households in the neighborhood surrounding the project area notifying them of a February 22, 2017 informational meeting. The meeting allowed homeowners to review the plans and ask any questions of the design engineer or staff. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Resident Informational Meeting 2/22/17 Met with and discussed resident concerns regarding the project Public Works Committee 1/27/16 Reviewed and Approved Design Services Agreement Finance Committee 11/5/14 Reviewed Stormwater Improvement Study BUDGET/FISCAL IMPACT: Bids for the West Fork Drive and Hackberry Lane Drainage Improvement project were received and opened on February 20, 2017. The City received a total of ten bids. The following is a summary of the bids received. Company Name Dollar Amount Bid RA Mancini Inc $1,231,265.40 A Lamp Concrete Contractors, Inc. $1,299,721.84 Copenhaver Construction $1,310,069.90 Berger Excavating Contractors, Inc. $1,459,819.69 Bolder contractors $1,448,156.19 Glenbrook Excavating & Concrete, Inc. $1,504,082.69 DiMeo Bros. $1,589,731.90 V3 Construction Group $1,594,000.00 Swallow Construction $1,726,968.79 Campanella & Sons, Inc. $1,983,051.99 The low bidder, R.A. Mancini, Inc., has considerable experience and has been performing projects in a satisfactory manner in Lake Forest for many years; the most recent projects being the installation of a sanitary sewer on Regency Lane and a water main on Old Elm Road. If awarded, work on this project is expected to begin in early May and be completed in late August. The property owners near the vicinity of the construction area will be notified in advance of the start of construction. Engineering staff will provide daily oversight and 4 Monday, March 6, 2017 City Council Agenda inspections of the program. The City’s website, under “Construction Updates”, will also provide details of the construction schedule. Below is an estimated summary of project budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Water and Sewer Fund $1,400,000 $1,400,00 Y COUNCIL ACTION: Staff requests City Council award the contract for the West Fork Drive and Hackberry Lane Drainage Improvements to R.A. Mancini, Inc. in the amount of $1,231,265.40 plus a contingency for any unforeseen conditions. Use of any contingency dollars will not exceed the total project budget of $1,400,000. 4. Request Approval to Participate in Lake County’s Road Salt Renewal Year Contract for Winter 2017/2018 STAFF CONTACT: Michael Thomas, Director of Public Works 810-3540 PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to participate in the renewal year of Lake County’s salt bid contract and purchase 1,000 tons from the lowest bidder, Morton Salt. To participate in the renewal year of the County’s salt contract, the City had to submit their tonnage request by February 28, 2017. Staff therefore requested both the Public Works and Finance Committee Chairman’s permission to participate, contingent upon City Council’s approval this evening. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council March 7, 2016 Salt Purchase Approved City Council March 16, 2015 Salt Purchase Approved City Council March 17, 2014 Salt Purchase Approved BACKGROUND/DISCUSSION: With the salt bay project completed in May, 2015, the City is now able to store 2,400 tons (83%) of its average annual usage of 2,900 tons. Therefore beginning two years ago, staff recommends annually that salt be purchased to ensure that 2,400 tons are on hand before the proceeding winter begins. Additionally, staff recommends City Council approve the purchase of an additional 1,000 tons that would be available for delivery during or after the winter season. This approach guarantees the average salt quantity for an average winter, plus an additional 500 tons available to purchase if inventories become too low. The following chart provides a summary of the current inventory, anticipated end of winter inventory, and tonnages requested for winter 2017/2018. Current Inventory as of February 27, 2017 1,500 tons Anticipated Amount to be Used in March, 2017 -100 tons Estimated End of Winter Inventory 1,400 tons 5 Monday, March 6, 2017 City Council Agenda Amount to be Purchased via Existing County Contract (previously approved) +1,000 tons Total Pre-2017/2018 Winter Inventory 2,400 tons Amount Requested to be Purchased During or After Winter ‘17/’18 via County Renewal Contract +1000 tons Total Available for Winter 2017/2018 3,400 tons BUDGET/FISCAL IMPACT: For the 1,000 tons the City will be receiving from the County’s contract this spring, the cost per ton is $59.10. Per Morton Salt’s agreement with Lake County, the price increase cannot exceed 5% for winter 2017/2018. Therefore the highest possible price per ton would be $62.06. Pricing by other salt suppliers for next winter’s salt has not been established. As one supplier noted, “nobody has established what a competitive price for 2017/2018 will be as no major new bids have been opened to reveal pricing.” FY2018 Funding Source Amount Budgeted Amount Requested Budgeted Y/N General $187,000 $62,060 Y COUNCIL ACTION: Staff requests City Council approval to participate in Lake County’s road salt renewal year contract and purchase 1,000 tons from Morton Salt at a price not to exceed $62.06 / ton or $62,060 total. 5. Award of Bid for the Replacement of the Street Sweeper for the Streets Section Included in the F.Y. 2018 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of the City’s street sweeper included in the F.Y. 2018 capital equipment budget. BACKGROUND/DISCUSSION: The current sweeper #448 is a 1999 Elgin Eagle that has accrued approximately 93,000 miles. For its street sweeping program, the City utilizes only one street sweeper, nine months out of the year. The sweeper will make at least eight cycles across all City streets during those months. In that time period, it typically will collect upwards of ninety tons of material. The sweeper also sweeps all of the City’s parking lots multiple times per year and specific areas of town after special events. Finally, it responds to material spills from accidents and when necessary, cleans streets near construction sites. In these instances, the contractor is charged fully for the City’s service. Most importantly the street sweeper, along with the City’s sewer vacuums machine, is one of two pieces of equipment that prevent City streets from flooding by keeping debris from covering the catch basins (street drains) and allowing rainwater to drain. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 5, 2016 Reviewed & Approved Finance Committee November 14, 2016 Reviewed with Capital Plan 6 Monday, March 6, 2017 City Council Agenda BUDGET/FISCAL IMPACT: The City’s 1999 sweeper has exceeded its serviceable life. The sweeper was refurbished in FY ’10. The refurbishment process included replacement of multiple body panels, the hopper mast and conveyor system were rebuilt, the hopper actuator and water spray bar system was replaced, the auxiliary engine was overhauled, and repairs were made to the pneumatic side broom sweeping system. Currently, the sweeper has significant rust in the rear section of the sweeper section. Various sweeper components are completely rotted through and the auxiliary engine needs its injector pump replaced. Finally, the hopper and various body panels have rotted through and multiple hydraulic lines need to be replaced. Staff is recommending purchasing an Elgin Broom Bear, similar to the current machine. Better than the Elgin Eagle, the Elgin Broom Bear operates completely off of the chassis’ engine; no auxiliary engine is needed. Elgin is by far the largest producer of street sweepers and has been doing so for over one hundred years. Elgin sweepers are made in Elgin, Illinois so parts and service are very accessible. A majority of Chicagoland municipalities use Elgin sweepers for their street sweeping. By the time the replacement sweeper is put into service, the City’s existing unit will have been utilized for over eighteen years. Most municipalities replace their sweepers between eight and ten years. Similar to the National IPA, staff is requesting approval to purchase the replacement truck through the National Joint Powers Alliance’s vendor, Standard Equipment. NJPA is a public agency that was statutorily created to provide purchasing assistance to only governmental, education, and non-profit agencies. NJPA purchases are included in the City’s purchasing directive under section 9.0-F, government joint purchases. All items offered through NJPA are competitively bid nationally and are sold through specific local vendors. Standard Equipment provided a trade-in value of $3,500. This amount will be deducted from the purchase price of $293,201. If approved by City Council, the replacement sweeper will be ordered and received in early summer. Below is a summary of the street sweeper’s budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund $310,000 $289,701 Y COUNCIL ACTION: Award of bid for the replacement of the City’s street sweeper to Standard Equipment in the net amount of $289,701. 6. Award of Bid for the Replacement of a ½-Ton Pick-Up Truck for the Streets Section Included in the F.Y. 2018 Capital Equipment Budget STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of a Streets Section pick-up truck included in the F.Y. 2018 capital equipment budget. 7 Monday, March 6, 2017 City Council Agenda BACKGROUND/DISCUSSION: The current unit #121 is a 1996 Chevrolet S-10 with approximately 167,000 miles. It is a utility pick-up truck that is used throughout the Section’s operations. It carries tools for the Section’s asphalt program, small engine equipment, barricades, and materials for both sign and street light repairs. It also transports old white goods (e.g. refrigerators, washing machines, etc.) placed at the curb by residents. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 5, 2016 Reviewed & Approved Finance Committee November 14, 2016 Reviewed with Capital Plan BUDGET/FISCAL IMPACT: The current unit’s wheel bearings, steering gear, and hubs need replacement. The truck’s brakes lines and underbody are completely corroded and the pick- up bed is worn and damaged after many years of use. The truck’s fenders and rocker panels are also rusted through. The following bids were received on February 16, 2017: Dealership Bid Trade Net Palmen GMC $30,326 $1,000 $29,326 Ray Chevrolet $30,207 $350 $29,857 Bob Fish GMC $30,385 $500 $29,885 Miles Chevrolet $31,965 $300 $31,656 The City’s fleet of pickups, one ton dumps, and building inspection vehicles is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repairs and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in a local newspaper, and placed all specifications on the City’s website. If the bid is awarded by City Council, staff anticipates receiving the replacement truck in late May, 2017. Below is a summary of the pick-up truck’s budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund $30,000 $29,326 Y COUNCIL ACTION: Award of bid for the replacement of a Streets pick-up truck to the low bidder, Palmen GMC, in the amount of $29,326. 7. Award of Bid for the Replacement of a ¾-Ton Pick-Up Truck for the Building Maintenance Section Included in the F.Y. 2018 Capital Equipment Budget 8 Monday, March 6, 2017 City Council Agenda STAFF CONTACT: Michael Thomas, Director of Public Works (810-3540) PURPOSE AND ACTION REQUESTED: Staff is requesting City Council award a bid for the replacement of a Building Maintenance Section pick-up truck included in the F.Y. 2018 capital equipment budget. BACKGROUND/DISCUSSION: Current unit # 122 is a 2003 GMC Sonoma pick-up truck with approximately 143,000 miles. The truck carries tools, equipment, and material for maintenance of the City’s 35+ buildings. With a full-size pick-up truck, Building Maintenance personnel will be able to carry more of the before mentioned items. This in turn reduces the number of times personnel need to return to Municipal Services and/or drive outside the City for parts. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee December 5, 2016 Reviewed & Approved Finance Committee November 14, 2016 Reviewed with Capital Plan BUDGET/FISCAL IMPACT: Current unit #122 has significant corrosion throughout its cab corners, door rocker panels, sill plates, and fenders. The pick-up’s brake and fuel lines are worn to a point where they need to be replaced. The following bids were received on February 16, 2017: Dealership Bid Trade Net Palmen GMC $35,199 $1,000 $34,199 Ray Chevrolet $34,859 $350 $34,509 Miles Chevrolet $35,819 $500 $35,319 Bob Fish GMC $37,524 $1,500 $36,024 The City’s fleet of pickups, one ton dumps, and building inspection vehicles is 98% GM products. The City has had very good experience with these vehicles and has a good working relationship with surrounding GM dealerships. With a majority of the fleet being GM vehicles, the mechanics are able to streamline repairs and the parts inventory is minimized due to many common parts. Warranty work can be completed at any GM dealership and parts are readily available throughout the area. Staff therefore recommends awarding the bid to lowest bidder. Per the Purchasing Directive 3-5, staff sent bid specifications to multiple dealerships, had the invitation to bid printed in a local newspaper, and placed all specifications on the City’s website. If the bid is awarded by City Council, staff anticipates receiving the replacement truck in late May, 2017. Below is a summary of the pick-up truck’s budget: FY2018 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund $35,000 $34,199 Y 9 Monday, March 6, 2017 City Council Agenda COUNCIL ACTION: Award of bid for the replacement of a Building Maintenance pick-up truck to the low bidder, Palmen GMC, in the amount of $34,199. COUNCIL ACTION: Approval of the seven (7) Omnibus items as presented 6. ORDINANCES 7. ORDINANCES AFFECTING CODE AMENDMENTS 8. NEW BUSINESS 9. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 1. Discussion Relating to Proposed Improvements on the Milwaukee District North Line associated with the Chicago-Milwaukee Hiawatha Service Environmental Assessment PRESENTED BY: Robert Kiely, City Manager PURPOSE AND ACTION REQUESTED: In the coming weeks the City Council will be asked to consider a Resolution relating to proposed improvements on the Milwaukee-District North Line (west side) prompted by a proposal by Wisconsin DOT to increase the number of Amtrak Hiawatha service trains by six (6). BACKGROUND/DISCUSSION: The City is served by three rail lines running north-south through the community. The Union Pacific North Line (UP) runs through east Lake Forest and is operated by Metra for commuter rail service. The Union Pacific Freight Line runs parallel to Rt. 41. The Milwaukee-District North Line (MDN) runs through west Lake Forest and is owned by Metra which services Metra, Amtrak and Union Pacific freight. Since April, 2007 when the City in cooperation with Metra and other Lake County communities and employers instituted the “Sunrise Express” reverse commuter rail service, it has embarked on a number of commuter rail-related initiatives to better serve the Community and Lake County. These initiatives included: • Realizing express commuter service between Lake Forest and Chicago. • Realizing southbound service on the MD-N line between the hours of 4:44 and 7:59pm M-F. • Convincing Amtrak to provide service to Lake County by stopping at the Telegraph Rd. Station. • Obtaining approval and funding for the construction of a pedestrian underpass at the Telegraph Rd. Station 1. Express Commuter Service from both Stations: 10 Monday, March 6, 2017 City Council Agenda For years the real estate community has been reporting that many “potential home sales” have been lost to other southern north shore communities (ie: Wilmette, Winnetka) because of the lengthy commute from Lake Forest to Chicago (60min.) The Mayor has asked Metra to explore the possibility of an express train from/to Lake Forest to/from Chicago during the morning and afternoon rush hours. Metra officials have indicated that the concept of express service to key stations is something that they are currently exploring on all of their commuter lines. 2. MD-N Afternoon Southbound Service Gap: The businesses in Conway Office Park as well as neighboring communities have expressed concern that there is not a southbound train on the MD-N line that stops at the Telegraph Rd. Station between the hours of 4:44 and 7:59pm. Obviously this is problematic for employees who live in Chicago and commute to their place of employment in Lake Forest or surrounding areas. Some of the businesses have taken to busing employees to the Deerfield station so they can take a train home during these hours. Discussion on filling this gap in service has come up in conversations regarding the third main rail on the MD-N line. 3. Amtrak Stop in Lake County/Lake Forest In 2010, the City approved a Memorandum of Understanding (“MOU”) with Metra, Amtrak, IDOT, WisDOT and Canadian Pacific Railroad agreeing to cooperate in improving pedestrian safety and establishing an Amtrak stop at the Telegraph Rd. Station. Over the past 6+ years, the City has received state and federal funds to design a pedestrian underpass as well as document support for an Amtrak stop in Lake County. Currently there is no Amtrak service in Lake County. Support for such a stop is very broad-based including from state and federal legislators, many Lake County communities, and area-businesses, Lake Forest Hospital, Great Lake Naval Base, Mitchell Airfield and Milwaukee County. Very recently, WisDot and IDOT have gone on record supporting the Amtrak stop subject to certain conditions being met. Their commitment is critical in that they fund the Amtrak Hiawatha Service between Milwaukee and Chicago (WisDOT 80%, IDOT 20%). 4. Pedestrian Underpass: In March, 2012 the City hired HDR Engineers to undertake preliminary design of a pedestrian underpass just south of the Telegraph Rd. Station. The design required a “Jack-and-Bore-“construction technique due to restrictions placed on the project by Metra to not close either of the tracks during construction. The preliminary cost estimates for the tunnel project were $13 million. In January, 2015 the City engaged Hanson Professional Associates to undertake a peer review and identify any options available for reducing the price of the project. They reported that the only practical method for reducing the cost of the project was to switch to a “bridge” construction method which would save approximately $2.5 million but require that each track be systematically taken out of service over a long weekend. Hanson has completed its preliminary engineering plans for the new approach which have been reviewed and accepted by Metra engineers. Before directing Hanson to proceed with preparing construction drawings, the City has asked Metra for some type of written confirmation that they will work with the City to permit the periodical closing of the track to accommodate the new construction technique. If approved, the City will request a proposal from Hanson to prepare construction documents. The cost of this work can be charged off against the remaining state grant funding ($694,689). PROJECT REVIEW/RECOMMENDATIONS: 11 Monday, March 6, 2017 City Council Agenda Reviewed Date Comments City Council 2/21/17 Approval to proceed with securing IDOT approval to redesign the pedestrian underpass. City Council 3/7/16 Approval of contract with Hanson for train bridge concept study. City Council 4/20/15 Authorize funding for Phase II final engineering to HDR for underpass project. City Council 10/20/14 Discussion of various items relating to West Train Station Pedestrian Underpass project. City Council 7/16/12 Review Preliminary design options for underpass project and approval of a resolution supporting an Amtrak Hiawatha Station stop in Lake Forest. City Council 3/5/12 Award Phase I contract to HDR Engineering for Pedestrian Underpass project. City Council 1/19/10 Approve recommendation supporting an Amtrak stop in Lake Forest. DISCUSSION ITEMS: At the City Council’s February 21 meeting, representatives of Metra made a presentation on why it supports the proposed system improvements outlined in the draft EA, including support for Rondout Design Alternative 2. They also indicated conceptual approval of the proposed new engineering design for the pedestrian underpass which prompted the City Council’s approval to proceed with steps to redesign the project to a bridge, “cut-and-fill” concept. The City Council also heard concerns from residents of Academy Woods, Pine Oaks and other properties adjacent to the MD-N line, about the City’s change in position with respect to the EIS and their fear that the construction of a third main rail line from Rondout to the Lake Forest Telegraph Road Station would result in more freight rail traffic on this line. Most residents who spoke were not opposed to either the Metra or Amtrak services, but expressed concern over the perceived increasing amount of freight traffic and the transporting of hazardous waste adjacent to their homes. No action was taken on the resolution at the February 21 meeting due to the absence of the two Third Ward aldermen. Over the past two weeks, the Mayor and members of the City Council have been meeting with representatives of the two homeowners’ associations and other area residents to discuss the matter further and explore opportunities to both support the City’s commuter-service efforts and neighbor’s concerns with the evolution of freight traffic on the MD-N line. The matter is before the Council this evening to permit further deliberation on what issues the City Council would like to see addressed in a final resolution. COUNCIL ACTION: Discussion Only 12 Monday, March 6, 2017 City Council Agenda 10. ADJOURNMENT Office of the City Manager March 1, 2017 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. 13 14 1 THE CITY OF LAKE FOREST ORDINANCE NO. 2017-_____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE RELATING TO CLASSES OF LICENSES FOR ALCOHOLIC BEVERAGES WHEREAS, pursuant to its home rule authority and 235 ILCS 5, the City regulates the sale and service of alcoholic liquor in the City; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the City and its residents to amend the City’s regulations affecting alcoholic liquor in the manner set forth below; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Amendment to Section 111.001 of the City Code. Section 111.001, entitled "Definitions," of Chapter 111, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended to add the following definition: § 111.001 DEFINITIONS. GROCERY STORE. A retail store that is (a) over 15,000 square feet in size, (b) has at least 60 off-street parking spaces devoted to such use, and (c) devotes at least 60% of its gross floor area to the sale of household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods and/or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. The definition of "Grocery Store" shall not include any establishment that sells gasoline or other fuel for dispensing into motor vehicles. SECTION THREE: Amendment to Section 111.036 of the City Code. Section 111.036, entitled "Local Liquor Licenses and Fees," of Chapter 111, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended to add the following liquor license classification: 15 2 (20) Class I-2 licenses, which shall authorize the service and consumption of bring-your-own-beverages on the licensed premises and shall impose a corkage fee relating to each container of bring-your-own-beverage not to exceed $10 per bring-your-own-beverage container. I-2 licenses shall only authorize the service and consumption of beer and wine. Additionally, the service and consumption of bring-your-own-beverages for purposes of a Class I-2 license shall be deemed the sale of alcoholic liquor for purposes of Section 111.043, and I-2 licenses shall only be available to those licensees who are otherwise compliant with the law. (21) Class I-3 licenses, which shall authorize the service and consumption of bring-your-own-beverages on city-owned property that has been rented or reserved by the licensee for fundraising events, festivals, outings, or other similar special events with fewer than 200 people in attendance. In no event shall an I-3 license be valid for longer than 48 hours. Class I-3 licenses do not permit patrons of a licensed premises to depart the licensed premises with a bring-your-own-beverage unless that beverage is in its original container and with the seal unbroken. I-3 licenses shall only authorize the service and consumption of beer and wine. Additionally, the service and consumption of bring-your-own-beverages for purposes of a Class I-3 license shall be deemed the sale of alcoholic liquor for purposes of Section 111.043, but the Commissioner is authorized to waive portions of the required background information and statements found in Section 111.043 for I-3 license applicants. I-3 licenses shall only be available to those licensees who are otherwise compliant with the law. (22) Class J license, which shall be an adjunct to the operation of a Grocery Store that already holds a valid existing liquor license and is operated on the terms and conditions herein specified. A licensee holding a Class J license may sell and serve individual servings of beer and wine for consumption on the premises and not in the original container. Such a license may be issued to and/or retained for use only at an establishment that the Commissioner determines (in the Commissioner’s reasonable discretion) qualifies fully as a Grocery Store as defined in this Chapter. SECTION FOUR: Establishment of Fee for Class J Liquor License. The liquor license fee for a Class I-2 license is hereby established at $1,500.00 per year. The liquor license fee for a Class I-3 license is hereby established at $100 per event. The liquor license fee for a Class J license is hereby established at $500.00 per year. The City’s official Fee Schedule is and shall be amended to reflect such Class I-2, Class I-3, and Class J license fees. 16 3 SECTION FIVE: Number of Class J Liquor License. Subsection A of Section 111.037, entitled "Number of Licenses," of Chapter 111, entitled "Alcoholic Beverages," of the Lake Forest City Code is hereby amended to provide as follows: Class Maximum Number of Licenses Authorized A-1 7 A-2 4 A-3 No more than the total number of Class A-1 licenses issued by the city B-1 1 C-1 4 C-2 9 C-3 9 D-1 5 E-1 2 F-1 1 F-2 As many as determined reasonable by the Commissioner F-3 As many as determined reasonable by the Commissioner F-4 As many as determined reasonable by the Commissioner F-5 1 F-6 3 G-1 1 G-2 2 H-1 0 H-2 1 1-1 No more than the total number of Class B-1, C-1, C-2, C-3, D-1, E-1 and F-1 licenses issued by the city I-2 1 I-3 As many as determined reasonable by the Commissioner J 1 17 4 SECTION SIX: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2017. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2017. _____________________________ Mayor ATTEST: _______________________________ City Clerk 18 The City of Lake Forest CITY COUNCIL Proceedings of the Tuesday, February 21, 2017 City Council Meeting - City Council Chambers, 6:30 p.m. CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at 6:30 pm, and City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Pandaleon, Alderman Newman, Alderman Reisenberg, Alderman Moreno and Alderman Buschmann. Absent: Alderman Tack, Alderman Reisenberg Also present were: Robert Kiely Jr., City Manager; Catherine Czerniak, Director of Community Development, Victor Filippini, City Attorney; Susan Banks, Communications Manager; Michael Thomas, Director of Public Works; Karl Walldorf, Chief of Police; Pete Siebert, Acting Fire Chief; Mike Strong, Assistant to the City Manager along with other members of City Staff. There were approximately 75 persons present in the Council Chamber. CALL TO ORDER AND ROLL CALL 6:30 pm PLEDGE OF ALLEGIANCE was recited by all those present in the Chamber. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Schoenheider stated that no action will be taken on the Resolution relating to the Chicago- Milwaukee Service Proposal but will be delayed until the March 6, 2017 City Council meeting when both of the Third Ward Aldermen will be present. A. 2017-2018 Board & Commission Appointments ELAWA FARM COMMISSION NAME OF MEMBER APPOINT/REAPPOINT WARD BARRY HOLLINGSWORTH APPOINT AS CHAIR 2 COUNCIL ACTION: Approve the Mayors Appointment Alderman Moreno made a motion to approve the Mayors appointment, seconded by Alderman Beidler. Motion carried unanimously by voice vote. B. Consideration of Various Items Relating to Rail Service and Pedestrian Safety within the City of Lake Forest. PRESENTED BY: Robert Kiely, City Manager Norman Carlson, President of Metra Board Donald Orseno, Executive Director of Metra James Messmore, Senior VP, Hanson Professional Services 19 Proceedings of the Tuesday, February 21, 2017 Regular City Council Meeting City Manager Bob Kiely provided an in-depth background on both rail lines in Lake Forest and the initiatives the City has worked on, including helping to establish the Sunrise Service at the East Train Station as well as looking into developing an underpass and an Amtrak stop at the Telegraph Road Station. He acknowledged the letters and emails from residents regarding the Chicago-Milwaukee Environmental Assessment and provided a background of what has occurred since the topic was brought to the City Council’s attention at its November 7, 2016 meeting. At that meeting, a Resolution was passed asking the Federal Rail Association (FRA) to extend the deadline for public comment. Since that date, the City held a public forum on the subject, gathered input from residents, and submitted them to the Federal Rail Association for consideration. Mr. Kiely explained the essence of the new proposed Resolution. Mr. Kiely introduced Norm Carlson, President of the Metra Board. Mr. Carlson reported on Metra’s operating goals and the challenges Metra faces daily with transit times and on-time performances. He stated that Metra began discussions in 2002 with IDOT and WisDot about adding the third rail so that trains are allowed to continuously move and pass one another when necessary. Mr. Carlson emphasized that the third rail is not for holding trains, but for “moving trains”. He introduced Don Orseno, Executive Director of Metra. Mr. Orseno provided further detail about the rail lines and service operations, explaining how Metra believes that these infrastructure improvements are necessary in order to maintain the levels of high service to commuters and dealing with the complex issues of combining commuter trains, freight trains and Amtrak trains. Mr. Orseno introduced Richard Oppenheimer, Assistant Superintendent of Metra, who gave a presentation. Questions were taken from the City Council members by the Metra officials. Mayor Schoenheider announced that anyone wanting to make public comment will have three minutes. The following persons offered their opinions to the City Council: Sue Stoehrmann, 1690 Harvard Ct. Tom Sarsfield, 1808 Princeton Ct. Nancy Coolley, 1751 Stanford Ct. Rick Cusack, 1126 Pine Oaks Circle JoAnn Desmond, 1681 Yale Ct. Rick Dall, 1660 Cornell Ct. PASSED Bruce Schultz, 1144 Pine Oaks Circle Roderick Johnson, Arbor Ridge Rommy Lopat, 410 E. Woodland Ron Coolley, 1751 Stanford Amy Keaton, 1305 Gavin Ct. Pam, 1895 Bowling Green Drive As a follow up to public comment, Mayor Schoenheider noted that the demand for Amtrak from Wisconsin to the City of Lake Forest is high from the employers and employees in Lake Forest. The City Council and Mayor thanked Metra for attending the meeting. Mayor Schoenheider again stated that the City Council will delay voting on the proposed resolution for two weeks so that the City Council can sort through all the residents’ comments on this complex issue. Mayor Schoenheider then introduced Jim Messmore, Senior Vice President of Hanson Professional Engineering Services. 20 Proceedings of the Tuesday, February 21, 2017 Regular City Council Meeting Mr. Messmore gave a presentation on a proposed pedestrian underpass at the Telegraph Road Train Station and took questions from the City Council. The City Council had a lengthy discussion on the Memorandum of Understanding (MOU) with Metra. Mayor Schoenheider remarked that the City has been working on this initiative for quite some time. City Manager Robert Kiely added, to clarify, that the (Federal Railroad Association) FRA controls the freight trains. City Manager Bob Kiely asked Mr. Messmore to clarify the differentiation between an Environmental Assessment and an Environmental Impact Study. Mr. Messmore stated that he thought it highly unlikely that the FRA would conduct an EIS in this case as all the proposed work is being done in the right of way. Mr. Messmore answered additional questions asked by members of the City Council. Mayor Schoenheider asked for a motion to authorize the Mayor and City Manager to execute an MOU or similar agreement with Metra to permit the City to proceed with final engineering of the pedestrian underpass utilizing the bridge technique which will necessitate the periodic closing of Metra’s tracks near the Telegraph Rd. Station. COUNCIL ACTION: If determined to be appropriate by the City Council, approve the following actions. 1. Authorize the Mayor and City Manager to execute an MOU or similar agreement with Metra to permit the City to proceed with final engineering of the pedestrian underpass utilizing the bridge technique which will necessitate the periodic closing of Metra’s tracks near the Telegraph Rd. Station. 2. Approve the attached Resolution regarding commuter service in the City and the design alternatives proposed in the Chicago-Milwaukee Intercity Passenger Rail Corridor draft EA released October 6, 2016. Alderman Moreno made a motion to authorize the Mayor and City Manager to execute an MOU or similar agreement with Metra to permit the City to proceed with final engineering of the pedestrian underpass utilizing the bridge technique which will necessitate the periodic closing of Metra’s tracks near the Telegraph Rd. Station, seconded by Alderman Pandaleon. The following voted “Aye”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Moreno and Buschmann. The following voted “Nay”: None. 6- Ayes, 0 Nays, motion carried. Item #2 will be held over until the Monday, March 6, 2017 City Council meeting. COMMENTS BY CITY MANAGER COMMENTS BY COUNCIL MEMBERS OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of the February 6, 2017 City Council Meeting Minutes 2. Approval of the February 13, 2017 Special City Council Workshop Meeting Minutes 21 Proceedings of the Tuesday, February 21, 2017 Regular City Council Meeting 3. Consideration of an Ordinance Amending Section 159.047 of the City Code, as Recommended by the Plan Commission. (Final Approval) 4. Approval of the purchase of semi-ruggedized computers for fire department use as budgeted in FY2017 5. Consideration of a Recommendation from the Zoning Board of Appeals in Support of a Special Use Permit Approving the Relocation of an Existing Special Use, the Lake Forest/Lake Bluff Historical Society. (First Reading, and if Desired by the City Council, Final Approval) 6. Consideration of Ordinances Approving Recommendations from the Building Review Board. (First Reading and if Desired by the City Council, Final Approval) 7. Consideration of an Ordinance Approving a Recommendation from the Historic Preservation Commission. (First Reading and if Desired by the City Council, Final Approval) 8. Authorization to Issue Reimbursement for City Work Costs Related to Clean-up of the City’s Former Municipal Services Site. 9. Award of Bid for the Replacement of an Administrative Vehicle for the Fire Department Included in the FY2018 Capital Equipment Budget 10. Award of Bid for the Replacement of a Sewer Cleaning & Vacuum Machine Included in the F.Y. 2018 Capital Equipment Budget 11. Award of Bid for the Replacement of Track Loaders for the Parks & Forestry Sections Included in the F.Y. 2018 Capital Equipment Budget 12. Award of Bid for a Replacement 16’ Self-Propelled, 4WD Rotary Mower for the Parks Section Included in the F.Y. 2018 Capital Equipment Budget COUNCIL ACTION: Approval of the twelve (12) Omnibus items as presented Mayor Schoenheider asked members of the Council if they would like to remove any item or take it separately. The City Council had discussion on items 10, 11 and 12. Mayor Schoenheider asked for a motion to approve the twelve Omnibus items as presented. Alderman Beidler made a motion to approve the twelve Omnibus items as presented, seconded by Alderman Moreno. The following voted “Aye”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Moreno and Buschmann. The following voted “Nay”: None. 6- Ayes, 0 Nays, motion carried Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. ORDINANCES AFFECTING CODE AMENDMENTS NEW BUSINESS 22 Proceedings of the Tuesday, February 21, 2017 Regular City Council Meeting ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT There being no further business. Alderman Pandaleon made a motion to adjourn, seconded by Alderman Moreno. Motion carried unanimously by voice vote at 9:26 p.m. Respectfully Submitted A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 23