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CITY COUNCIL 11-23-1996THE CITY OF LAKE FOREST COUNCIL AGENDA November 23, 1996 9:00 a.m. CALL TO ORDER AND ROLL CALL Honorable Cornelius B. Waud, Mayor Samuel J. Henry, Alderman First Ward Gail T. Hodges, Alderman Third Ward John A. Andersen, Alderman First Ward Henry T. Chandler, Alderman Third Ward Abigail G. Fassnacht, Alderman Second Ward Mary Ann Pekarek, Alderman Fourth Ward Howard J Kerr, Alderman Second Ward G. Bishop Gallagher, Alderman Fourth Ward REPORTS OF CITY OFFICERS 1. Comments by Mayor 2. Comments by the City Manager 3. Comments by Council Members PUBLIC COMMENTS ON NON-AGENDA ITEMS APPROVAL OF MINUTES Recommended Action: Approval of the minutes of the November 4, 1996 Council meeting attached beginning on page 6. ORDINANCES 1. Consideration of a Report and Recommendation from the Plan Commission Regarding a Request for a 2-lot Planned Preservation Subdivision and Necessary Special Use Permit of Property Located at 211 W. Westminster (Gimbel) (Tentative and Final Approval) PRESENTED BY DIR. OF COMMUNITY DEVELOPMENT CHUCK CROOK (615-4207) Mr. George Covington, attorney representing the petitioners, the Gimbels, appeared before the Plan Commission at its regular meeting on September 11, 1996, to request tentative and final approval of a 2-lot planned preservation subdivision, and necessary special use permit, of property located at 211 W. Westminster. The Plan Commission reviewed the matter and voted unanimously to recommend approval of the subdivision and special use permit. Attached beginning on page 13 is the report and recommendation from the Plan Commission. A meeting was held on October 23, 1996 with residents of West Westminster, The petitioner and his attorney and City staff to discuss a possible improvements to the proposed subdivision. Attached beginning on page 81 is a copy of the agenda material for that meeting. The neighbors presented an alternative subdivision which split the property on a north/south basis and separated the swimming pool from the existing house to the proposed new lot.Mr. Covington has subsequently responded on behalf of the Gimbels, and a copy of that response is attached beginning on page 85. The final attachment beginning on page 89 is a copy of a letter received from the law firm of Hedlund Hanley and John representing Mr. and Mrs. Martin Rahe, the neighbors immediately left of the Gimbel property. Recommended Action: 1) Grant tentative approval to the subdivision; 2) Grant first reading of an ordinance granting the special use permit. UNFINISHED BUSINESS 1. Rejection of Bids for the Installation of Sanitary Sewers for Special Service District No. 5 PRESENTED BY ASST. TO THE CITY MANAGER ROSEMARY HAACK (615-4274) AND CITY ENGINEER ALISSA HAMMER (615-4210) On June 3, 1996 the City Council held a public hearing to consider the establishment of Special Service District No. 5 for the installation of sanitary sewers to serve seven properties located in the 700 N. Waukegan Road area. A map indicating the proposed project area is attached as page 97. A 60 day protest period began following adjournment of the public hearing, and no objections were received. Bids for this project were taken in February, 1996 and again in March, 1996 in the hopes of obtaining lower bids. Following is a bid tabulation: Contractor Amount of Bid (March, 1996) Initial Bid Amount (February, 1996) 1. Mola Construction Company, Inc. $105,200.00 $113,823.00 2. George W. Kennedy Construction Co., Inc. $107,280.70 NO BID 3. Lenny Hoffman Excavating, Inc. $119,408.30 $111,724.30 4. Wadsworth Excavating, Inc. $123,769.00 NO BID 5. Schneider’s Trucking, Inc. $134,342.10 $138,762.25 6. Di Meo Brothers, Inc. NO BID $123,111.00 7. J.R. Myers Co., Inc. NO BID $125,028.30 8. Glenbrook Excavating & Concrete, Inc. NO BID $138,740.00 City staff met with residents of this area on August 13, 1996. At the meeting, questions were raised regarding options for extending the payment period for this project and modifying the roadway restoration specifications in order to reduce the total project costs. The City Council then considered the award of bid for this project at its September 19, 1996 meeting. No action was taken on the bid award, but staff was directed to obtain written notification from the majority of the property owners regarding the concerns raised at the August 13 resident meeting. Attached as page 98 is a copy of a letter from a representative of the homeowners stating that six of the seven property owners favor: a) funding this project independently; i.e., not through a Special Service District; b) replacing only the roadway where it is excavated for installation of the sewer rather than to City standards; and c) contracting for the sewer and roadway work themselves rather than as a City project. Recommended Action: 1) Reject all bids for the installation of sanitary sewers to serve Special Service District No. 5.; and 2) Direct staff to advise each of the seven homeowners in writing that the City agrees to allow them to undertake this project themselves with the following understanding: a) the homeowners must reimburse the City for its already expended engineering design fees in the amount of $6,850.00, legal fees in the amount of $2,091.50, recording fees in the amount of $189.00, a fee of $5,000.00 to cover future construction staking and inspection costs, and other costs prior to the City releasing the engineering plans done by James Anderson Company; b) the completed project must receive final engineering and construction approval from the City Engineer no later than May 1, 1997; c) the engineering firm of James Anderson Company, which has already completed engineering work for this project, must be used for this project including construction staking and inspection services; d) any changes to the engineering plans require City Engineer approval prior to execution; and e) if the homeowners fail to have the project completed and approved by the City Engineer by May 1, 1997, it is understood that the City will rebid the project and implement the Special Service District as previously proposed by the City. 2. Award of Contract for Tree Trimming for 1996-97 at the Deer Path Golf Course, Lake Forest Cemetery and City Parkways PRESENTED BY PARKS, FORESTERY, & P.W. SUPERVISOR KEN LEONE The one tree trimming bid received on October 22, 1996, was 54.4% higher than the low bid received one year ago. Costs rose between 29% and 59% in four tree size categories. Despite these large increases, Nels J. Johnson Tree Experts bid of $31,454.00 is a fair and reasonable bid for the trimming of our 644 trees. There are several reasons for this assessment: a) The 1995 contract price of $20,373.00 was unrealistically low. Between 1991 and 1995, Johnson was caught in a price war with several small new tree care companies. When Johnson lost a number of long time municipal customers to these new firms, he cut prices to regain this business. The new competition then cut prices, followed the next year by even lower prices from Johnson. The following table shows a seven year history of low bids on Lake Forest’s tree trimming: 1990 Nels J. Johnson Tree Care Experts $25,077.50 1991 Urban Forest Tree Care $23,604.00 1992 Nels J. Johnson Tree Care Experts $22,931.50 1993 Nels J. Johnson Tree Care Experts $21,913.00 1994 Christian’s Tree Service $21,094.00 1995 Nels J. Johnson Tree Experts $20,373.00 1996 Nels J. Johnson Tree Experts $31,464.00 Bids decreased every year for five consecutive years. Last year, when Johnson lost money on tree trimming in Lake Forest and in other communities, the company was forced to reassess its pricing structure. Hendricksen, The Care of Trees did not bid this year. They told us that if they had bid, the total bid would have been approximately $43,865.00. Other companies were unwilling to estimate what they would have bid without first surveying the trees to be trimmed. The companies that did not submit bids in October gave various explanations, but the most common two were that they already have their winter work scheduled or they feel they cannot compete with Johnson’s traditionally low prices. b) This year, for the first time, our trimming list was generated by our computerized tree inventory, which selects the trees most in need of trimming based upon the condition of all 20,000 City owned trees. This year’s list includes many trees that are overdue for trimming and many trees that are entangled in utility wires. The degree of difficulty is higher this year than in 1995. c) If the 1990 low bid of $25,077.50 was increased by 4% per year for six years, the 1996 bid would be $31,731.00, which is $267 higher than Johnson’s 1996 bid. Recommended Action: Award of 1996-1997 Tree Trimming Contract to Nels J. Johnson Tree Experts, Inc., in the amount of $31,464.00. This contract is for the trimming of golf course, cemetery and parkway trees and is $4,964.00 above the combined budgeted amount of $26,500.00. Johnson has done good work for the City in the past. NEW BUSINESS 1. Consideration of a Real Estate Rider Explaining the History of Lake Forest Regarding Historic Structure and Community Preservation PRESENTED BY ALDERMAN GAIL HODGES The Ad Historic Preservation Committee has been seeking ways to discourage the demolition of existing homes and preserving the general community character of Lake Forest. A representative of the Real Estate community suggested that the City adopt a Real Estate Rider that would be attached to all contract offers explaining the City’s interest in preserving its heritage and discouraging the issuance of demolition permits and construction of new single family homes incompatible with character of the neighborhood. The proposed rider attached on page 99 was reviewed with six representatives of the Lake Forest real estate community who supported the concept and only had questions with respect to how the City might be willing to work with perspective sellers or buyers when the question raises and what to do with a difficult piece of property. The proposed rider would be effective January 1 and would be attached to all real estate contracts within the City of Lake Forest. The committee felt that it was important to deal with all real estate transactions rather than just those in the historic district. It was the sense of the committee as well as the real estate agents that there are many areas outside of the historic districts that can be equally damaged by demolition and infill. The Ad Hoc Historic Preservation Committee reviewed the final draft of the proposed rider at its November 18 meeting and unanimously recommended approval to the City Council. Recommended Action: Approve the rider to be attached to real estate contracts in the City of Lake Forest explaining the history of Lake Forest regarding historic structures and streetscapes. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager November 15, 1996 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. blue\shell Agenda Memorandum - 08/02/96 Page 5