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CITY COUNCIL 7-6-98THE CITY OF LAKE FOREST COUNCIL AGENDA July 6, 1998 CALL TO ORDER AND ROLL CALL Honorable Cornelius B. Waud, Mayor Samuel J. Henry, Alderman First Ward Gail T. Hodges, Alderman Third Ward John A. Andersen, Alderman First Ward Henry T. Chandler, Alderman Third Ward Thomas J. Tropp, Alderman Second Ward Mary Ann Pekarek, Alderman Fourth Ward Ashley M. Maentz, Alderman Second Ward G. Bishop Gallagher, Alderman Fourth Ward REPORTS OF CITY OFFICERS 1. Comments by Mayor 2. Comments by the City Manager 3. Comments by Council Members A. Finance Committee Report PRESENTED BY FINANCE COMMITTEE CHAIRMAN JERRY HENRY 1. Approval Fees and Charges for the New Columbarium/Memorial Garden at the Lake Forest Cemetery In reviewing this matter at the June 1, 1998 Finance Committee meeting, it was requested that the Cemetery Commission consider a fee schedule that would allow a portion of the charges to be tax deductible. This concept would be similar to programs run by charitable organizations where a portion of their fee for an event or outing is tax deductible. This concept was reviewed by a tax attorney and determined to be legal if the tax deductible portion of the fee or charge for a niche is clearly stated to be voluntary. The Cemetery Commission would waive the voluntary portion of the charge for all customers declining the contribution. The uncertainties of not knowing how many people would make this contribution is one potential concern the Cemetery Commission has expressed. This matter was discussed at the Finance Committee meeting earlier this evening to determine the best approach to take. The proposed fees and charges as approved by the Cemetery Commission on April 7, 1998, and reviewed with the Finance Committee on June 1, 1998, are as follows: Niche Location Approximate Number of Niches Price/Niche or Unit Top and Bottom of Main Wall 400 $3,000 Middle of Main Wall 825 3,500 Inner Wall -- Room 1 170 4,000 Inner Wall -- Room 2 200 4,500 Inner Wall -- Room 4 100 4,500 Family Pillars -- Room 3 3 Pillars 6 Niches/Pillar 50,000/Pillar Family Pillars -- Room 4 4 Pillars 6 Niches/Pillar 50,000/Pillar Buttresses -- Family Units 15 Family Units 4 Niches per Unit 20,000/Family Unit (During the pre-sale, a 15% discount will be provided to the first 200 columbarium niche sales) Other Fees/Charges Interment Fee (includes all on-site arrangements) $500 Cremain Transfer Fee (Transferring from Cremain Lot to Columbarium Niche) $500 Also attached beginning on page ___ is a current price list for Cemetery Lot Prices and service charges. Recommended Action: Approval of the proposed fees and charges for the new Columbarium/Memorial Garden at the Lake Forest Cemetery. 2. Consideration of the Annual Appropriation Ordinance for FY1999 (First Reading) While the annual municipal budget represents the City’s financial “plan” for expenditures over the course of the fiscal year, the annual Appropriation Ordinance is the formal legal mechanism by which the City Council authorizes the actual expenditures of funds budgeted in the annual budget. It appropriates specific sums of money by object and purpose of expenditures. State statutes require the passage of an Appropriation Ordinance which must be filed with the County Clerk by the end of July. In addition, the Appropriation ordinance provides for a 10% “contingency” in the expenditures in an amount above those actually budgeted. Each separate fund includes an item labeled “contingency” with an appropriate sum equivalent to 10% of the total funds budgeted. This practice has been followed for the past eighteen years and has worked very efficiently, while still providing for complete City Council control over budgeted expenditures. Importantly, the City Council and City staff follow the adopted budget as its spending guideline, not the Appropriation Ordinance. Without the contingency, the City Council would have to pass an amended Appropriation Ordinance to cover any unforeseen expenditures exceeding the budget. School District 67 does not incorporate a contingency in their budget. Summary of the Amounts Appropriated from the Several Funds The City of Lake Forest Fund Budget Appropriation % Change General $ 18,887,178 $ 20,775,896 10.0% Illinois Municipal Retirement Fund 885,000 973,500 10.0% Fire Pension 548,800 603,680 10.0% Police Pension 591,800 650,980 10.0% Recreation 2,881,848 3,170,033 10.0% Cemetery Commission 794,946 874,441 10.0% Senior Resources Commission 294,100 323,510 10.0% Park and Public Land 1,315,400 1,446,940 10.0% Public Benefit 150,000 165,000 10.0% Emergency Telephone 79,272 87,199 10.0% Public Library 2,031,871 2,235,058 10.0% Sub-total $ 28,460,215 $ 31,306,237 10.0% School District 67 Budget Appropriation % Change Educational 15,129,451 15,129,451 0.00 Operations, Building and Maintenance 2,595,089 2,595,089 0.00 IMRF/Social Security 388,419 388,419 0.00 Transportation 733,500 733,500 0.00 Sub-total 18,846,459 18,846,459 0.00 Grand Total $ 47,306,674 $ 50,152,696 6.0% A copy of the ordinance is available for review in the City Clerk’s office. Recommended Action: Approval of first reading of the FY1999 Appropriation Ordinance. 3. Consideration of Resolution Authorizing Membership In Intergovernmental Utilities Purchasing Cooperative The City of Lake Forest has been a member of the Intergovernmental Natural Gas Purchasing Cooperative (INGPC) since 1987. Membership consists of 57 school districts and other governmental entities. The Board of Directors recommends that the membership approve a new intergovernmental agreement. The new agreement is necessary to: 1) Name change to Intergovernmental Utilities Purchasing Cooperative (IUPC), to allow for purchase of electricity in future: 2) Update outdated agreement from 1987; and 3) Language changes were recommended with new two-year firm pricing agreement for natural gas with People's Energy Services of Chicago. Under the current program, the City has purchased natural gas for our 451 gas street lights, recreation center and water plant with savings ranging from 10% to 25% depending on available pricing and usage. It has been a very successful program and it is recommended that the City continue this intergovernmental agreement by approving the attached resolution. Recommended Action: Approval of the Resolution authorizing membership in Intergovernmental Utilities Purchasing Cooperative. PUBLIC COMMENTS ON NON-AGENDA ITEMS APPROVAL OF MINUTES Recommended Action: Approval of the minutes of the June 18, 1998 Council meeting attached beginning on page 7. ORDINANCES 1. Consideration of an Ordinance Amending Chapter 47, “Misdemeanors”, of the City Code Increasing the Penalties for Violations PRESENTED BY ASST. TO THE CITY MANAGER ROSEMARY HAACK. (615-4274) In January of this year, the City Council approved an ordinance prohibiting the possession and use of tobacco products by minors in Lake Forest. When that ordinance was passed, it was noted that the penalties for the possession and use of cannabis were less than those to be imposed on minors violating the ordinance on tobacco use. Minors violating the smoking ordinance will be fined $100 for the first offense; $200 for the second, and $300 for each subsequent offense. The City Attorney has drafted the proposed ordinance attached as page 11 which increases the penalty for any misdemeanor, including the possession of cannabis, to a fine of not less than $100.00 nor more than $750.00 for each offense, a term of imprisonment not to exceed six months, or both. This brings the misdemeanor penalties in line with what is permitted by statute, as well as making them comport more realistically with the penalties for under-age smoking and tobacco possession. Recommended Action: Waive first reading and grant second and final approval to the proposed ordinance amending Chapter 47 of the City Code. UNFINISHED BUSINESS NEW BUSINESS 1. Consideration of a Request to Approve a Change Order for the Painting of the City’s Elevated Water Tank PRESENTED BY ASSISTANT TO THE DIRECTOR OF PARKS, FORESTRY, & PUBLIC WORKS MICHAEL THOMAS (615-4265) Background On March 2, 1998, both the Finance Committee and City Council awarded a contract to the Neumann Company for the painting of the City’s elevated water tank. The approved contract amount was for $128,500 which included top-coating the tank’s exterior, complete repainting of the wet interior ceiling down to two feet below the overflow level, and top-coating the remainder of the wet interior. Recognizing that additional interior sandblasting may have been required, City Council approved the entire budgeted amount of $159,000. As was noted on March 2, 1998, McMahon Associates was hired to perform inspections at various critical points throughout the project. On June 4, 1998, McMahon Associates performed an inspection of the wet interior and made the following field observations below the contracted “two foot level”: Large areas of paint, 1-2 feet in diameter came off during brush blasting. Where coating remained intact, it was observed that approximately 50% of the coating system had broken through the steel. Where paint was removed by brush blasting, rust was observed on the steel. Rust on the exposed steel ranged from 25%-50%. Rust was beginning to break through on the horizontal seams above and below the equator of the tank. Also, minor steel loss was observed. Where rust had started to break through, adhesion of the paint on the adjacent areas were poor. McMahon Associates contacted both the Chief Water Plant Operator and the Assistant to the Director of Public Works, and made the following recommendation: “Based on today’s observations, the existing wet interior coating system after brush blasting had too many breakthroughs to leave intact. Rust developing under the existing coating system would require complete surface blasting to near white (SSPC-SP10) and repainting. This is being recommended at the base bid amount of $189,500. This recommendation was made at 5:30 p.m. on June 4th, 1998. Recognizing that the tank painting crew were already on site and had all of their equipment set up inside the tank, the Assistant to the Director of Public Works immediately contacted the Director of Finance and the Director of Public Works to inform them of the situation and ask for their approval to proceed. Understanding that the project itself needed to be completed as soon as possible, and that if the additional sandblasting did not occur the City would be contracting this project in 3-5 years, both Directors approved to proceed. On March 2nd, City Council approved the project at a cost not to exceed the budgeted amount of $159,000. Staff is requesting that the change order payment be authorized for a total contract amount of $189,500 to the Neumann Company; this would be $30,500 over the budgeted amount. Recommended Action: Authorize payment of the change order for the elevated tank painting contract. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS During the month of June, the following amounts were disbursed from the Cashier’s Account: Gen. IMRF & Cap. Imp. Water Total Invoices $1,104,438.25 $195,378.93 $1,299,817.18 Payroll $1,160,114.60 $168,576.42 $1,328,691.02 Totals $2,264,552.85 $363,955.35 $2,628,508.20 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF JULY, 1998 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the July 1998 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager July 2, 1998 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. blue\shell Agenda Memorandum - 7/2/98 Page 3