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CITY COUNCIL 2-1-99 aTHE CITY OF LAKE FOREST COUNCIL AGENDA February 1, 1999 CALL TO ORDER AND ROLL CALL 7:30 p.m. 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 PUBLIC HEARING FOR THE PROPOSED ESTABLISHMENT OF 7:30 p.m. SPECIAL SERVICE AREAS TO FINANCE SCHOOL DISTRICT #67 FACILITY IMPROVEMENTS The Mayor and City Council must hold a public hearing to consider an ordinance regarding the proposed establishment of Special Service Areas to finance School District 67 facility improvements as follows. Supporting documents for this action are attached in the packet beginning on page 9. 1. ORDINANCE 99-2A: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 9 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (ALL/PT. OF THE COMMONS AT CONWAY FARMS/CONWAY FARMS PHASE 1A/ PHASE 1B/PHASE 1D SUBS.) 2. ORDINANCE 99-2B: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 10 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (ALL/PT. OF THE COMMONS AT CONWAY FARMS./THE COURTS AT CONWAY FARMS/THE COMMONS AT CONWAY FARMS EAST SUBS.) 3. ORDINANCE 99-2C: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 11 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (ALL/PT. OF CONWAY FARMS PHASE 1C SUB.) 4. ORDINANCE 99-2D: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 12 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (ALL/PT. OF CONWAY FARMS PHASE 2B AND PHASE 2C SUB.) 5. ORDINANCE 99-2E: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 13 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF PARK LANE SUB.) 6. ORDINANCE 99-2F: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 14 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF PARK LANE SUB.) 7. ORDINANCE 99-2G: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 15 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (MIDDLEFORK FARM SUB.) 8. ORDINANCE 99-2H: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 16 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF NEWELL’S RESERVE SUB.) 9. ORDINANCE 99-2I: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 17 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF NEWELL’S RESERVE SUB.) 10. ORDINANCE 99-2J: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 18 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (ALL/PT. OF LE WA FARM UNIT 3 SUB.) 11 ORDINANCE 99-2K: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 19 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF EVERETT FARM SUB.) 12. ORDINANCE 99-2L: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 20 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF EVERETT FARM SUB.) 13. ORDINANCE 99-2M: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 21 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF DEER TRAIL AT GREEN BAY SUB.) 14. ORDINANCE 99-2N: AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 22 IN THE CITY OF LAKE FOREST AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. (PT. OF PADDOCK LANE ESTATES SUB.) REPORTS OF CITY OFFICERS 1. Comments by Mayor 8:45 p.m. 2. Comments by the City Manager 9:00 p.m. 3. Comments by Council Members 9:10 p.m. A. Report of the Finance Committee 9:15 p.m. 1. Request to Waive the Bidding Process for the Purchase of a New Bus and Replacement of the Senior Car for the Senior Center PRESENTED BY FINANCE COMMITTEE CHAIRMAN JERRY HENRY BACKGROUND As was presented at this evening’s Finance Committee Meeting, The Lake Forest / Lake Bluff Senior Center established its “Senior Car” program in August, 1993. Since its inception, the car has provided over 20,000 rides to seniors of both communities. Recognizing the demand for such services increase each year, the Senior Center is proposing to expand its program this summer. One of the considerations for the expanded program is that the Senior Car is not handicap accessible. Therefore, the enhanced program includes the purchase of a new bus that will accommodate sixteen seat and two wheel chair passengers. The desired bus is similar to what is operated by Leisure Pursuit Charters, and will be handicap accessible. Concurrently, staff recognized that the current car, a 1993 Chevrolet Caprice, had accrued 135,000 miles and also needs to be replaced. As a result, the Lake Forest / Lake Bluff Senior Center solicited donations from various members in the community. To date over $90,000 has been received; all dollars were specifically earmarked for the purchase of a new bus and a replacement car. Although staff has not received any official quotations for these vehicles, it is anticipated that the car will cost approximately $25,000 and $60,000 for the bus. Since the Senior Center is associated with The City of Lake Forest and will be using the City’s tax exempt identification number, City Council must approve such purchases. WAIVING THE BIDDING PROCESS Normally, when the City is purchasing construction trucks or heavy equipment, a formal bidding process is utilized, and dealerships in those lines are used to that as a way of doing business. However, when the City has purchased general purpose automobiles in the past, it has proven to be very difficult to get new car dealers to submit sealed, written bids. Most dealers, given the volume of cars they can expect to sell during the course of normal operations, will not spend the time necessary to submit a written bid, and then wait for three to four weeks to find out whether or not they have been successful in getting a sale. The City’s experience has been that a better approach in these situations is to negotiate with individual dealerships, much as any private party would do in purchasing a new car. Once a price has been negotiated by the Staff, and upon authorization from the Finance Committee Chairman, the vehicle is purchased. The Senior Center staff, after considerable research and with the input of the City’s Fleet Maintenance section, have determined that a Chrysler Concorde best meets their needs. Given the City’s success with this approach in the past, the Staff recommends that the City Council authorize the staff to negotiate for and purchase a Chrysler Concorde, subject to the approval of the Finance Committee Chairman. Senior Center staff have also been working with the City’s Fleet Maintenance Section in determining the specifications of the new bus. Test vehicles have been provided for both drivers and City mechanics to evaluate. Recognizing that this bus will be with the Senior Center for a long period of time, staff feels that it is crucial that a high quality, dependable, easily maintained vehicle be purchased. Given the uniqueness and difficulty of determining precise specifications, the staff proposes to utilize the same negotiation approach outlined above. The staff would negotiate for and purchase the bus, subject to the approval of the Finance Committee Chairman. Recommended Action: Staff is recommending that the bidding process be waived for the purchase of both a replacement “Senior Car” and a new “Senior Bus”. Staff will attempt to receive at least three competitive quotations for the replacement of the Senior Car and the purchase of the new Senior Bus. Quotations will then be provided to the Finance Committee Chairman for his final approval. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 9:30 p.m. APPROVAL OF MINUTES 9:40 p.m. Recommended Action: Approval of the minutes of the January 21,1999 Council meeting attached beginning on page 49. ORDINANCES 9:45 p.m. 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Variation from the Front Yard Setback for Property Located at 766 Oakwood Avenue (Christensen Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On January 25, 1999, the Zoning Board of Appeals held a public hearing to consider a request for a variance from the required front yard setback to allow construction of a new single family residence. The proposed residence would replace an existing small house that is located at the rear of the property. The Building Review Board has approved the requested demolition and the proposed replacement structure and in doing so, commended the petitioner for proposing a residence in keeping with the historic character of the Oakwood Avenue neighborhood. The Board stated strong support for the front yard variance to ensure the consistency of the new house with the existing streetscape. This neighborhood was developed prior to the 40 foot front yard setback requirement and as a result, the homes are located approximately 20 feet from the front property line. The Zoning Board of Appeals heard testimony on behalf of the neighboring property owner to the north. As a resident of Oakwood Avenue for over 60 years, he expressed concern about the changes over time to the Oakwood area. In particular, he expressed concern about the requested front yard variance given the small size of the lot. A letter detailing these concerns is included in the packet. The Zoning Board recognized the difficult balance between encouraging the upgrading of properties by granting variances in older neighborhoods, and the desire to maintain the neighborhood status quo. The Board recognized that given the sub-standard condition of the existing structure on the property, the proposed new residence would be a significant improvement to the property and would benefit property values in the neighborhood. In considering whether moving the house back from the street, out of the 40 foot setback area, was a better solution, the Zoning Board noted that in pushing the house back, the back yards of the neighboring properties would be significantly impacted. After discussion, the Board concluded that the proposed plan was an appropriate solution for redevelopment of the property and voted unanimously to approve the petition. The Zoning Board of Appeal's report is attached beginning on page 55. The ordinance with findings is attached beginning on page 52. Recommended Action: Waive first reading and grant final approval of an ordinance allowing a front yard setback for a new single family residence at 766 Oakwood Avenue. 2. Consideration of a Report and Recommendation from the 10:00 p.m. Plan Commission for a Text Amendment to the Zoning Code Regarding Payment-in-Lieu of Providing Off-Street Parking in the 0-1 Office, and B-2 Commercial Business Districts (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On January 13, 1999, the Plan Commission held a public hearing to consider a staff recommendation to increase the payment-in-lieu of parking fee. Discussion of this item was based on direction received from the City Council during budget discussions late last year. The Plan Commission unanimously recommended increasing the fee from $9,000 per parking space to $14,000. As part of a broader discussion of the parking fee, the Commission asked that in addition to the short term increase in the fee, a more comprehensive review of the parking fee be conducted over the next six months taking into account the actual costs of the Bank Lane parking deck now under construction. The Commission discussed the possibility of allowing payment of the parking fee over time to allow the City to recoup a greater portion of the true costs of creating a parking space, yet avoid increasing "up front" costs for developers. Finally, the Commission questioned whether the amount of the payment in lieu of parking fee needed to be included in the Code, or whether the amount could be established through a separate process so that a Code amendment was not necessary each time the fee was changed. The Commission recommended that these issues be addressed through a longer term study and that in the interim, the current fee be increased to $14,000. A draft excerpt of the minutes from the Plan Commission meeting is included in the Council packet beginning on page 68. The ordinance is included in the packet beginning on page 67. Recommended Action: Grant first reading and final approval of an Ordinance Amending the City of Lake Forest Zoning Code to address Payment-in-Lieu of Providing Off-Street Parking in the 0-1 Office, and B-2 Commercial Business Districts. Direct staff to review the costs of the parking deck now under construction, the feasibility of providing for payment of the in lieu of parking fee over time and the question of whether the amount of the fee needs to be in the Zoning Code. 3. Consideration of an Ordinance Vacating an Easement for 10:15 p.m. Public Utility Purposes in the Deerpath Hill Estates Subdivision (Waive First Reading, Grant Final Approval) PRESENTED BY CITY ATTORNEY MURRAY R. CONZELMAN (615-4287) The City was contacted by Michael Adelman, attorney representing Ron and Julie Thauer, who own the property at 380 King Muir Road. The residence at that address was constructed on two lots. A ten foot wide public utility easement bisects the home, which straddles both lots. Both ComEd and Ameritech have executed releases of the easement, and Mr. Adelman has requested on behalf of his clients that the City do the same. This easement has not been utilized by the City for utility purposes, and it is the opinion of both the Engineering and Public Works Departments that this easement is no longer necessary. Therefore, attached as page 74 of the packet is an Ordinance which would vacate the easement. Recommended Action: It is recommended that the City Council waive first reading and grant final approval to the Ordinance as attached. NEW BUSINESS 10:30 p.m. 1. Consideration of an Easement between American National Bank and Trust Company of Chicago, as Trustee under Trust Agreement Dated May 1, 1986 and Known as Trust No. G7224, and The City of Lake Forest (Waive First Reading, Grant Final Approval) PRESENTED BY CITY ATTORNEY MURRAY R. CONZELMAN (615-4287) One of the tees for the Conway Farms Golf Club was constructed prior to the dedication and construction of Conway Farms Drive, and presently encroaches on the dedicated right-of-way of the street. The tee lies outside of the paved portion of the roadway, and is not encumbered by any utilities. The golf club has asked that the City grant a perpetual, non-exclusive easement to the owner of the club, American National Bank and Trust Company, which would allow for the continued use, maintenance and repair of the tee. The easement document is attached as page 75 of the packet. Recommended Action: It is recommended that the City Council approve the Easement as attached. 2. Approval and Acceptance of Improvements and Financial 10:40 p.m. Guarantee for Deer Trail Subdivision PRESENTED BY CITY ENGINEER KEN MAGNUS (615-4329) On July 21, 1994, the City Council approved a six (6) lot Subdivision, located on Green Bay Road, one-eighth (1/8) mile north of Laurel Avenue. All the required public improvements, as set forth in the Subdivision Agreement dated July 5, 1994, have been completed and approved. All City fees have been paid. Recommended Action: Accept the improvements and hold a Cash Deposit in the amount of $57,500.00 for the two-year maintenance period for Deer Trail Subdivision. 3. Award of Contract for the Burr Oak Sanitary Lining Project 10:50 p.m. PRESENTED BY CITY ENGINEER KEN MAGNUS (615-4329) On January 19, 1999, bids were received and opened for the Burr Oak Sanitary Lining Project. This project involves the installation of a cured-in-place sanitary pipe that is slip lined and cured inside the original deteriorated sanitary sewer pipe. The process of rehabilitation of an existing sewer line as it pertains to this project is at least ½ the cost of the conventional method of open trenching and replacement of the sewer line. The sanitary sewer needing rehabilitation is located entirely along rear yard properties which are also heavily landscaped (see enclosed map). The proposed lining project will greatly reduce the need for restoration of all rear yard properties. A summary of the bids are as follows (see Bid Tab enclosed): Contractor: Visu - Sewer Clean & Seal Inc. $ 62,810.00 Insituform Technologies, Inc. $ 68,820.00 Kenny Construction Company $108,420.00 The low bidder, Visu - Sewer Clean & Seal Inc. has extensive experience with this type of rehabilitation of deteriorated sewers. Visu - Sewer has not worked in Lake Forest before, but have worked in various other communities with their work being commendable. The bid is $53,240.00 under the Engineer’s Estimate amount of $116,050.00. The City received a contribution of $28,549.28 toward this project from the developer of the Dear Trail Subdivision. Therefore, the total net cost to the City will be $34,260.72. This project would start in February and be completed in March. Recommended Action: It is recommended to award the Contract for the Burr Oak Sanitary Lining Project to Visu - Sewer Clean & Seal Inc. for the bid amount of $62,810.00. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 11:00 p.m. During the month of January, the following amounts were disbursed from the Cashier’s Account: Gen. IMRF & Cap. Imp. Water Total Invoices $1,389,522.89 $ 112,750.49 $1,502,273.38 Payroll $ 819,063.88 $ 118,617.69 $ 937,681.57 Totals $2,208,586.77 $ 231,368.18 $2,439,954.95 AUTHORIZATION OF TREASURER'S WARRANTS TO MEET 11:05 p.m. EXPENSES OF FEBRUARY, 1999 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the February, 1999 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 11:10 p.m. Office of the City Manager January 29, 1999 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 - 01/29/99 Page 8