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CITY COUNCIL 7-6-99THE CITY OF LAKE FOREST COUNCIL AGENDA July 6, 1999 CALL TO ORDER AND ROLL CALL Honorable Howard J Kerr, Mayor Samuel J. Henry, Alderman First Ward Henry T. Chandler, Alderman Third Ward Robert T.E. Lansing, Alderman First Ward Lawrence Temple, Alderman Third Ward Ashley M. Maentz, Alderman Second Ward Mary Ann Pekarek, Alderman Fourth Ward Peter M. Mott, Alderman Second Ward G. Bishop Gallagher, Alderman Fourth Ward PUBLIC HEARING TO CONSIDER A REQUEST FOR A TEMPORARY SPECIAL USE PERMIT TO AUTHORIZE THE USE OF BENNETT AND STERLING HALLS AT GROVE SCHOOL BY GORTON COMMUNITY CENTER REPORTS OF CITY OFFICERS 1. Comments by Mayor A. Appointment of New Police Chief B. Appointments to Boards and Commissions Mayor Kerr will announce appointments to Boards and Commissions as listed below. CROYA NAME OF MEMBER NEW/REAPPOINT WARD Lucy Morros reappoint 2 Charles Rowland reappoint Lake Bluff Recommended Action: Approval of the appointments as presented. 2. Comments by the City Manager A. Presentation of New L.E.A.D. Executive Director Sueanne Lineberger 3. Comments by Council Members A. Finance Committee Report PRESENTED BY FINANCE COMMITTEE CHAIRMAN JERRY HENRY 1. Consideration of the Annual Appropriation Ordinance for FY2000 (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. During this 18 year period the City has never exceeded the budget amount. 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 recognize the Appropriation Ordinance in their budgeting or auditing standards. However, due to the fact they are a special charter school district, must be included in our Appropriation Ordinance. Summary of the Amounts Appropriated from the Several Funds The City of Lake Forest Fund Budget Appropriation % Change General $ 18,942,182 $ 20,836,400 10.0% Illinois Municipal Retirement Fund 895,000 984,500 10.0% Fire Pension 569,000 625,900 10.0% Police Pension 607,000 667,700 10.0% Recreation 3,123,728 3,436,101 10.0% Cemetery Commission 267,092 293,801 10.0% Cemetery Construction 1,630,000 1,793,000 10.0% Senior Resources Commission 330,400 363,440 10.0% Park and Public Land 622,000 684,200 10.0% Motor Fuel Tax 150,000 165,000 10.0% Hotel/Motel Tax 75,000 82,500 10.0% Emergency Telephone 68,100 74,910 10.0% Public Library 2,507,298 2,758,028 10.0% Sub-total $ 29,786,800 $ 32,765,480 10.0% School District 67 Educational 15,736,728 15,736,728 0.00 Operations, Building and Maintenance 12,218,349 12,218,349 0.00 IMRF/Social Security 400,018 400,018 0.00 Transportation 832,000 832,000 0.00 Sub-total 29,187,095 29,187,095 0.00 Grand Total $ 58,973,895 $ 61,952,575 5.1% Recommended Action: Grant first reading of the proposed appropriation ordinance for FY2000. 2. Consideration of Recommended Lot and Niche Prices and Service Charges for the Lake Forest Cemetery for Fiscal Year 2000 (Final Approval) The approval of a motion is required to implement fees and charges that are recommended annually by various Boards, Commissions and the Finance Committee. The Finance Committee conducted a detailed review of several hundred user fees and charges at their budget meeting held on November 19, 1998 and at their Finance Committee meeting held on January 4, 1999. The Finance Committee approved the list of fees and charges as proposed on January 4, 1999, while recommending and receiving City Council approval later that evening. However, Lake Forest Cemetery fees and charges were delayed, due to the fact the Commission was evaluating a major capital construction project for a new administration/maintenance building and columbarium/memorial garden at the Lake Forest Cemetery. The Cemetery Commission established pricing for lot and niche sales, as well as, service fees as a part of their financing recommendations for proceeding with the new capital construction. The Finance Committee and City Council reviewed and approved the financing and construction bids for the proposed projects in April, 1999. While the lot and niche pricing and cemetery related service charges were discussed at the April meeting, they were not formally approved. Therefore, a complete listing of all lot, niche and service charges for the Lake Forest Cemetery was approved by the Cemetery Commission and reviewed with the Finance Committee earlier this evening. Recommended Action: Approval of a motion to adopt Cemetery lot and niche pricing, and service charges for FY2000 as recommend by the Cemetery Commission and the Finance Committee. 3. Consideration of a Change Order Request - Public Safety Building Garage Addition Background On April 5, 1999, the City Council approved an award of contract to Kandu Construction Company for the construction of the Public Safety Building Garage Addition and re-roofing project. The approved contract was for $467, 000. $560,000 was budgeted for this project in FY 2000 because of the potential for increased soil costs due to the site being partially contaminated. The contamination is due to residual gasoline left in the ground from a below ground leaking fuel tank that was removed in the mid-nineties. Excavation for the foundation began on April 13, 1999. Soil and Material Consultants, Inc. (SMC) were brought in to supervise the excavation and to determine the soil load bearing capabilities. At the April 23 construction meeting, after discussing several soil problems that were discovered during the excavation, it was decided to conduct four soil boring by SMC to determine the location depth of quality load soil within the excavation. These borings were in addition to the five borings done in November, 1998 as a pre-construction soil investigation. On May 7 the borings were completed and SMC gave a verbal report to Alan Rosenzweig, architect for the project. The report revealed that there was poor soil conditions in several locations and depths of eight to ten feet would need to be reached in those locations to find bearing soil. It was decided to proceed with the excavation with SMC supervising the work and testing the soils for bearing quality. The excavation work was completed on May 21. The following week footing forms were set and the footings poured. Because of the unanticipated poor load bearing soil conditions found throughout most of the footing excavation area, a much greater depth had to be excavated and the material excavated could not be used for back-fill due to its organic nature. Originally, it had been anticipated, from the borings, that some of the excavated soil would be of compressible quality so it could be used as back-fill. Unfortunately, we were not able to use any of the excavated soil as back-fill. When the Public Safety Building was built in the late 1960’s it had to be extensively back-filled to make it suitable for use. The material used to fill the site back then was, in many cases, clean topsoil, which is organic and unsuitable for building construction back-fill. This turn of events necessitated the removal of the material from the excavation and the placement of proper fill. It must be noted that the extra excavation had to be done to enable the building to have a sound foundation. All of this extra excavation and fill resulted in an increase in digging expenses and a change order. After the Building Committee negotiated with the general contractor, the cost of the extra excavation change order is $96,329. The project budgeted figure of $560,000 was $93,000 over the contract price. This change order will put the project $3,329 over budget. Recommended Action: Authorize the payment of the change order for the extra excavation. The change order amount is $96,329 to Kandu Construction. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL CONSENT AGENDA 1. Approval of the Minutes of the June 17, 1999 Council Meeting A copy of the minutes are attached beginning on page 7. 2. Consideration of Creation a New Liquor License for Foodstuffs to be Located at 255 E. Westminster (First Reading and Final Approval) Foodstuffs is a specialty gourmet food store, with locations in Evanston, Glencoe and Glenview. Their new store in Lake Forest is expected to open on July 9. Foodstuffs is not a restaurant in that they do not serve hot or ready to eat food in their stores. Their daily menu features entrees, salads, side dishes and desserts, which people purchase to take home to prepare. Roughly 70% of the food is prepared at their commissary kitchen in Evanston. Their packaged goods include candy, cookies, sauces, pasta, chips and wine. The president of the local Foodstuffs is Richard Donnelley III, a resident of the City. The proposed ordinance would increase the number of Class B licenses from three to four. The Class B license permits the retail sale of beer and wine for consumption either on or off the premise. Other Class B license holders include The Lantern, Deerpath Golf Course and Ft. Sheridan Golf Course. A copy of the ordinance is attached in the packet as page 10. 3. Grant of Utility Easement for Property Located at 400 E. Illinois Road (Gorton Community Center) As a part of the approval of the Gorton Center’s Special Use Permit, Gorton is required to take utilities underground to the extent possible. In order to place the utilities underground, it is necessary for the City, as the property owner, to grant easements to the various utility companies. Attached as page 11 of the packet is a map depicting the proposed easement. This easement is wholly contained on the City’s property. Recommended Action: Approval of the Consent Agenda items as presented. NEW BUSINESS 1. Consideration of a Request for a Temporary Special Use Permit to Authorize the Use of Bennett and Sterling Halls at Grove School by Gorton Community Center PRESENTED BY CITY MANAGER ROBERT R. KIELY, JR. (615-4271) The Mayor and City Council recently received a letter from Michael J. Havey, Chairman of the Gorton Foundation, Inc. requesting a one year, temporary lease that would allow Gorton Community Center groups to use Bennett and Sterling Hall (July 1, 1999-June 30, 2000). The likely users of the site during the year include the Deer Path Art League, United Way, the Volunteer Bureau, L.E.A.D., Family Services and the music teacher. These programs will be displaced due to construction at the Gorton Community Center to renovate and expand the building. In 1998, the City Council approved a Zoning Code amendment to address temporary uses. The amendment created a process for reviewing temporary uses in place of the informal process used by the City in the past to authorize such uses. As a result, the request from the Gorton Community Center is presented to the City Council for consideration. Public notice of the City Council's consideration of this request was sent to property owners in the area surrounding Grove School. The Council has previously authorized the City Manager to approve the temporary use of Volwieler Hall by the Lake Forest Symphony for the Music Institute. The Zoning Board of Appeals' consideration of a permanent Special Use Permit to allow the use of the site for a Cultural Campus as recommended by the Grove School Blue Ribbon Committee is underway. The letter of request submitted by the Gorton Foundation, Inc. in included in the packet beginning on page 12. Recommended Action: Direct the City Manager to enter into a one year lease with Gorton Community Center to allow temporary use of Bennett and Sterling Hall for programs currently located at Gorton Community Center. 2. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variation from the Front Yard Setback for Property Located at 1461 McKinley Road (Dolbeau Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On June 28, 1999 the Zoning Board of Appeals held a public hearing to consider a request for a setback variance to allow the construction of a second floor addition. The proposed addition would extend into the front yard setback the same distance as the existing house, nine feet. As part of the project, the existing entry at the front of the house would be converted to an open front porch which would have the effect of opening up the front yard by pulling the mass of the house back. The Zoning Board of Appeals commended the proposed addition. There were no public comments presented to either the Zoning Board of Appeals or the Building Review Board on this petition. The Zoning Board voted unanimously to recommend approval of the variance to the City Council. The Zoning Board of Appeals' report is attached beginning on page 24. The ordinance with findings is attached beginning on page 21. Recommended Action: Waive first reading and grant final approval of an ordinance to allow the construction of a second floor addition with an encroachment into the front yard setback area not to exceed the existing encroachment of the first floor. 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 $ 605,049.26 $ 324,698.04 $ 929,747.30 Payroll $ 850,158.96 $ 109,039.87 $ 959,198.83 Totals $1,455,208.22 $ 433,737.91 $1,888,946.13 AUTHORIZATION OF TREASURER'S WARRANTS TO MEET EXPENSES OF JULY, 1999 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the July, 1999 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager July 2, 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. Agenda Memorandum - 07/2/99 Page 4