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CITY COUNCIL 3-1-99 aTHE CITY OF LAKE FOREST COUNCIL AGENDA March 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 REPORTS OF CITY OFFICERS 1. Comments by Mayor 7:30 p.m. A. Proclamation of August 5, 1999 as Lake Forest Day The Mayor will proclaim August 5 as Lake Forest Day, as the City commemorates its special heritage and looks forward to its special future, by adopting the theme “Our Community/Ready for the 21st Century.com” Recommended Action: Approve the proclamation as attached on page 8. B. Proclamation of April 11-17, 1999 as National Library Week The Mayor will proclaim April 11-17, 1999 as National Library Week and encourage all to “Read! Learn! Connect!” by exploring the riches available at our libraries. Recommendation Action: Approve the resolution as attached on page 9. C. Proclamation of April 23, 1999 as Arbor Day Lake Forest, with its environment of natural areas, is particularly dedicated to the observance of Arbor Day. The concern for preservation of the natural flora of Lake Forest is evident in the ordinances enacted by the City Council. Citizen groups and local institutions have actively supported preservation efforts and the renewal of natural areas through tree planting and landscape projects. The City has been named Tree City USA by the Natural Arbor Day Foundation for nineteen consecutive years. The Mayor will proclaim Friday, April 23, 1999, as Arbor Day and will encourage all citizens to join in the celebration ceremonies which will be held at 3:00 p.m. in Forest Park. Two bur oaks donated by Lake Forest/Lake Bluff Rotary Club will be planted. A copy of the proclamation is attached as page 10. 2. Comments by the City Manager 7:45 p.m. A. Report on Route 41 Corridor Task Force - Presentation by Chuck Crook 3. Comments by Council Members 7:50 p.m. OPPORTUNITY FOR PUBLIC TO ADDRESS 8:00 p.m. THE CITY COUNCIL APPROVAL OF MINUTES 8:05 p.m. Recommended Action: Approval of the minutes of the February 18, 1999 Council meeting attached beginning on page 12. ORDINANCES 1. Ordinances Revacating Portions of Melody Road 8:05 p.m. PRESENTED BY CITY ATTORNEY MURRAY CONZELMAN The ordinances attached beginning on page 17 are necessary to correct a problem that arose in 1997, with the passage of an ordinance vacating a small portion of Melody Road adjacent to Lot 8 in the Dieu Foret subdivision. This vacation had originally been discussed with the owner to obtain the necessary lot area to build his house under the City’s bulk ordinance. In 1994, the City Council passed the first ordinance, vacating not only the portion of Melody Road which was adjacent to Lot 8, but also the remaining portions of Melody Road running west from Savannah Court and Rue Foret Drive. Because the owner of Lot 8 and other adjacent lot owners never paid the sums required in the 1994 ordinance, in 1997, through renewed negotiations with the owner of Lot 8, the City decided to vacate only the minimum portion necessary to add to Lot 8, and reduced the cost to the owner of Lot 8. Part of the language of the 1997 ordinance was a repealer of the 1994 ordinance. When the 1997 ordinance came through the Lake County Map Services Department, the Department was confused as to what to do with the previously vacated remainder of Melody Road. The Department’s solution was to split the remainder into four new parcels, and begin sending the real estate tax bills to The City of Lake Forest. In 1998, after receiving a notice that the property was being sold at tax sale, the City filed a Petition to have the four parcels declared tax exempt. At this point the City was advised that the County was not really sure who owned the four new parcels created by the County; that since these parcels were not definitively the property of The City of Lake Forest, we could not file for tax exemption. They indicated that the only reason they decided to send the tax bills to the City was because they did not know where else to send them. The City Attorney’s office began dealing with the Lake County State’s Attorney’s office at this point, since the State’s Attorney is the legal advisor to all county offices. In the opinion of the State’s Attorney office, the only was to solve the confusion once and for all is for the City Council to pass new ordinances vacating each of the four parcels; at this point the vacated portions will attach to the adjacent lands. Two of the parcels are in the middle of the Middle Fork Savannah, and thus will become the property of the Lake County Forest Preserve District. One of the parcels is adjacent to a parcel owned by the Lake Forest Open Lands Association, and it will become the owner of that parcel; and the fourth parcel is adjacent to an outlot already owned by The City of Lake Forest, so it will attach to that outlot and become the property of the City. Because this is a technical correction designed to assist the Map Services Department in correcting its records, no compensation is being requested from the abutting entities. Recommended Action: Grant first reading and final approval of the ordinances vacating portions of Melody Road. 2. Consideration of an Amendment to the Personal Wireless 8:15 p.m. Telecommunications Ordinance to Allow a Replacement Roof Top Antenna at 580 N. Bank Lane (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On February 10, 1999 the Plan Commission held a public hearing on proposed amendments to the Personal Wireless Telecommunications Ordinance. This amendment was filed by Site Acquisition Consultants on behalf of AT&T Wireless Services. The amendment involves the creation of a new district, Overlay District G, to allow replacement of an existing 30' foot roof top antenna on a building at 580 Bank Lane with a 50' antenna. The proposed antenna will accommodate at least two major telecommunications providers and several paging companies. At the request of City staff, AT&T contacted other carriers to explore the likelihood of co-location of a second major carrier on the proposed antenna. In response, a letter of commitment was submitted by PrimeCo to co-locate on the proposed antenna. The proposed overlay district is another incremental step in tailoring the Wireless Telecommunications Ordinance to ensure that adequate opportunities exist to allow telecommunications companies to provide seamless coverage in our community. The central business district has proven to be one of the most difficult areas within which to eliminate service gaps due to the limited sites available and the density of uses in the area. In discussing this request, the Plan Commission noted the changes that will continue to occur in the telecommunications industry in the near future. The Commission noted concern about setting a precedent for 50' roof top antennas in the central business district, but recognized that allowing the antenna as a replacement to an existing tower at this site, which has limited visibility, limits the precedent setting nature of this amendment. Based on the concern about the height, the Plan Commission requested that the amendment allow a 50' height at this site only, rather than be generally applied to other roof top antennas in the area. The Plan Commission voted unanimously to recommend approval of the amendment as modified by the Commission to the City Council. A copy of the Plan Commission Report is attached beginning on page 29. Recommended Action: Grant first reading and final approval of an amendment to the Personal Wireless Telecommunications Ordinance. 3. Consideration of a Report and Recommendation from the Zoning 8:20 p.m. Board of Appeals Regarding a Request for a Variation from the Front Yard Setback for Property Located at 570 Golf Lane (Hultgren Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On February 22, 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 the expansion of a garage. The proposed addition will encroach a distance not to exceed 17 feet into the 50 foot setback and is one of three additions planned for the house. This is the second petition for a variance on Golf Lane to come before the Council in recent weeks. The Zoning Board of Appeals recognized the various unique aspects of this lot. The Board noted that even with the proposed addition, the Hultgren residence will be located further back from the street than the neighboring homes to the south. In addition, the Board recognized the limitations of the lot due to the extended street frontage around the cul-de-sac and the location of the flood zone very close to the rear of the house. A poll indicating support from many of the residents on Golf Lane was presented to the Board and is included in the Council packet. The Board commended the petitioners for their efforts to be sensitive to the character of the neighborhood by not maximizing the allowable bulk or height. The Zoning Board voted unanimously to recommend approval of the requested variation to the City Council. The Zoning Board of Appeal's report is attached beginning on page 63. The ordinance with findings is attached beginning on page 60. Recommended Action: Waive first reading and grant final approval of an ordinance allowing a front yard setback at 570 Golf Lane. NEW BUSINESS 1. Award of Contracts for the Administration/Maintenance 8:25 p.m. Building, Columbarium, and Memorial Gardens Project for the Lake Forest Cemetery PRESENTED BY CHAIRMAN OF THE LAKE FOREST CEMETERY COMMISSION MARILYN ALAIMO AND DIRECTOR OF FINANCE ROBERT SHAFFER (615-4222) In an effort to extend the life of the City’s Cemetery, protect the long-term existence of a perpetual endowment fund, and provide desirable new services for resident customers, the Lake Forest Cemetery Commission has unanimously recommended that the City Council review and approve the execution of three contracts necessary for the completion of the Cemetery Administration Building, Columbarium and Memorial Gardens Project. The design and proposed construction of this project have been thoroughly studied and approved by the architect, landscape architect, staff and the Cemetery Commission. Additionally, the proposed improvement has been reviewed and approved at public meetings of the Zoning Board of Appeals, the Building Review Board, and the City Council. The original construction budget of $1,500,000, established almost two years ago, can be met by selecting the recommended construction and landscaping bids that have recently been received by the City. Similar to other capital improvement projects at City Hall, the Deerpath Golf Course, and the Public Safety Building, some of the landscaping work will be done in-house to save unnecessary additional costs. It should be noted that several features of the original design of this project, including the trademark spire, will not be built at this time until dedication donations are received from the community. Finally, staff is recommending that the City Council authorize the total project expenditure not to exceed $1,600,000. The added amount will ensure that the project has contingency and supplementary reserve funding that may be needed to complete the project. Construction Costs: $1,078,769.00 Landscaping Costs: $ 221,500.00 Columbarium Niches Cost: $ 199,521.00 EXPECTED PROJECT COST: $1,499,790.00 RESERVE/CONTINGENCY: $ 100,210.00 NOT TO EXCEED TOTAL $1,600,000.00 Recommended Action: Four separate City Council actions are recommended: A. Award of contract for the construction of the Administration/Maintenance Building and The Memorial Gardens at Lake Forest Cemetery to the low bidder, Kerr Construction Co., Inc. of Lake Bluff, Illinois, in the amount of $1,078,769.00. B. Reject the low bid proposal and award a contract for the landscape work associated with The Memorial Gardens at Lake Forest Cemetery to Sebert Landscaping, Inc. of Bartlett, Illinois in an amount not to exceed $221,500.00. Sebert Landscaping is the second lowest bidder for this project. Alternates for three years of landscape maintenance totaling $33,600 are recommended to be accepted and added to this contract as payment for future services. This expense will be paid for with regular operating funds. Therefore, the actual contract awarded will be for a not to exceed amount of $255,100.00. C. Authorization to waive the bid process and award a contract for the purchase and installation of 1,406 niches in the Memorial Gardens at Lake Forest Cemetery to Eickhof Columbaria, LCP of Crookston, Minnesota, in the amount of $199,521.00, based upon the proposals received from niche manufacturers. D. Approval of a not to exceed figure of $1,600,000 for total project costs (including all recommended contingency and supplementary reserve funds). 2. Award of Contract for Dredging of the Lake Forest Boat Harbor 8:45 p.m. PRESENTED BY ADMINISTRATIVE ASSISTANT CHRISTOPHER CLARK (615-4216) On February 2, 1999, the City received bids from three contractors for the dredging of the City’s sailboat harbor at Forest Park Beach. Dredging typically is completed once-a-year in May just prior to the official opening of the beach facility on Memorial Day weekend. The City has typically budgeted $40,000 each year to complete this maintenance service for the sailboat harbor. Last fall, the City was able to attain a new 10-Year Dredging permit from the Army Core of Engineers and the Illinois Environmental Protection Agency for mechanical or hydraulic dredging of the facility. This was the first time the City has ever been approved to use the hydraulic dredging method. It was hoped that this would expand the field of contractors interested in the City’s small-scale project and thus lower the annual cost. Unfortunately this winter, the City still received proposals from only the minimum three bidders. In order to better measure the performance of the contractor and ensure that the best service is received, staff asked contractors to provide bids on a “per-cubic yard basis”. This will allow the City to better control the volume of sand removed based on annual need and budget. The bids received were as follows: DK CONTRACTORS, INC. 1999 2000 2001 Mobilization $2,000.00 $2,000.00 $2,000.00 Demobilization $2,000.00 $2,000.00 $2,000.00 Dredging (per cubic) yard removed $14.93 $14.93 $14.93 Average Annual Cost * $48,790.00 $48,790.00 $48,790.00 * Not including down time. KADINGER MARINE SERVICE, INC. 1999 2000 2001 Mobilization $4,000.00 $4,000.00 $4,500.00 Demobilization $4,000.00 $4,000.00 $4,500.00 Dredging (per cubic) yard removed $9.00 $9.50 $10.00 Average Annual Cost * $35,000.00 $36,500.00 $39,000.00 * Not including down time. C&C DREDGING SERVICES INC. ** 1999 2000 2001 Mobilization $7,000.00 $7,000.00 $7,700.00 Demobilization $4,000.00 $4,000.00 $4,400.00 Dredging (per cubic) yard removed $9.50 $10.00 $11.50 Average Annual Cost * $39,500.00 $41,000.00 $46,600.00 ** Will not include letter of credit. Recommended Action: On the basis of low bid and satisfactory past performance, it is recommended that a one-year dredging contract be awarded to Kadinger Marine Service in an amount not to exceed $40,000. The City will review the contractor’s performance this summer and then determine if a contract extension will be granted for FY00 and FY01. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 8:55 p.m. During the month of February, the following amounts were disbursed from the Cashier’s Account: Gen. IMRF & Cap. Imp. Water_______ Total_______ Invoices $ 640,969.23 $ 107,428.49 $ 748,397.72 Payroll $ 821,310.86 $ 99,156.27 $ 920,467.13 Totals $1,462,280.09 $ 206,584.76 $1,668,864.85 AUTHORIZATION OF TREASURER'S WARRANTS TO MEET EXPENSES OF MARCH, 1999 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the March, 1999 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 9:00 p.m. Office of the City Manager February 26, 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 - 02/26/99 Page 7