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CITY COUNCIL 9-8-03 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Monday, September 8, 2003 7:30 p.m. City Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable John E. Preschlack, Mayor Tom Swarthout, Alderman First Ward Roger J. Mohr, Alderman Third Ward John A. Andersen, Alderman First Ward Timm Reynolds, Alderman Third Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward S. Michael Rummel, Alderman Second Ward Kimberly G. Moss, Alderman Fourth Ward PLEDGE OF ALLEGIANCE 7:30 p.m. REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Mayor 2. Comments by City Manager A. Presentation by Police Chief Michael Hosking B. Community Spotlight – School District 115 by Superintendent Jon Lamberson C. ComEd Annual Report PRESENTED BY COMED EXTERNAL AFFAIRS MANAGER SHAH QUAIYOOM The City’s franchise agreement requires that ComEd provide an Annual Report. This report includes information on outages, tree trimming, upgrades and projects throughout the City. At the City Council meeting on July 17, 2003, and at a subsequent meeting with utility liaison Alderman Swarthout, ComEd stated that they would provide detailed information regarding upgrades to several troublesome circuits and detail on their infrastructure maintenance plan. This information was not been provided in time to be included in the packet. ComEd has repaired the 11 broken street lights identified last year. ComEd has also made a street light outage form available at: www.exeloncorp.com. Mr. Shah Quaiyoom, External Affairs Manager, will present the Council with the annual report and will be available to field questions regarding ComEd service in the Community. Attached as a separate packet, is a copy of annual report. Recommended Action: Accept annual report from ComEd, request delivery of infrastructure upgrade report. 3. Comments by Council Members 8:15 p.m. Council Committee Reports 8:20 p.m. A. Finance Committee Report PRESENTED BY CHAIRMAN MICHAEL RUMMEL 1. Consideration of an Ordinance Amending The Lake Forest City Code, as Amended, Relating to City Vehicle Licenses (First Reading and Final Approval) At their July 7, 2003 meeting, the Finance Committee approved changes to the city vehicle license ordinance. The attached ordinance beginning on page 10 incorporates the discussed changes as well as some housekeeping items suggested by the city attorney. Recommended Action: Waive first reading and grant final approval to the Ordinance Amending The City of Lake Forest City Code, as amended, relating to City vehicle licenses. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:30 p.m. CONSENT AGENDA 8:35 p.m. Approval of the Minutes of the August 4, 2003 Regular City Council Meeting: The minutes are attached starting on page 20. 2. Adoption of Two Resolutions to Support Bicycle Trail Development West of the Tri-State Tollway Along Everett Road: Staff met earlier this summer with elected officials from the Village of Mettawa (Jack Tindall), Village of Lincolnshire (Liz Brandt) and Lake County Board (Anne Maine) to discuss potential future development of bicycle trails west of the Tri-State Tollway. Specifically, these three entities have a shared interest in supporting the development of a bicycle trail along Everett Road from the Tollway bridge to the Des Plaines River Trail in Wright Woods. This Everett Road corridor has been identified as the target priority of common interest and benefit to all surrounding communities. Development of this trail system would serve to link the Village of Mettawa, Village of Lincolnshire and The City of Lake Forest to the broader county trail system, future regional trails and interconnect these three communities. With respect to funding for land acquisition and trail development, the County Officials present responded that the Lake County Forest Preserve District would be responsible for all associated costs. The Village of Mettawa and Village of Lincolnshire are requesting The City of Lake Forest consider passing two separate resolutions. The first resolution urging the Lake County Forest Preserve District to acquire land and construct the Everett/Tollway Trail and a second resolution urging the Tollway Authority to maintain a pedestrian crossing walkway on a reconstructed Everett Road Tollway Bridge. The attached maps illustrate the two major bicycle trail systems within the boundaries of The City of Lake Forest. Both the Robert McClory Bike Trail and the Skokie Valley Bike Trail represent major north-south links to adjacent community and regional trail systems. The north end of the Skokie Valley Bike Trail turns east at the north end of Deerpath Golf Course and utilizes Open Lands property and Laurel Avenue (on-road) to connect over to the McClory Trail System. The Lake County Forest Preserve District has secured funding and is in the process of bidding out trial improvements that would extend the Skokie Valley Bike Trail from the north end of Deerpath Golf Course, north to the Rockland Road Trail. Construction is to commence in 2004. No major east-west bicycle trails (off-road) currently exist within The City of Lake Forest. A feasibility study was recently completed which identified several potential options for an east-west trail system to cross over or under U.S. Route 41 (Skokie Highway) at Old Elm Road, but any further action is dependent on securing outside funding. The proposed resolutions beginning on page 27 would help to facilitate any future interest by The City of Lake Forest to develop an east-west trail system along the Everett Road - Old Elm Road corridor. Staff is recommending the adoption of two resolutions urging the Lake County Forest Preserve District to acquire land and construct the Everett/Tollway Trail, and urging the Tollway Authority to maintain a pedestrian crossing walkway on a reconstructed Everett Road Tollway Bridge. Recommended Action: Approval of the Consent Agenda items as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning Board of 8:45 p.m. Appeals for a Special Use Permit to Allow a Restaurant to locate in the renovated Knauz building located at 1044 N. Western Avenue. (First Reading and Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) On July 28, 2003, the Zoning Board of Appeals held a public hearing on a request for a Special Use Permit to allow a restaurant as one component of the mix of uses that will be located in the former Knauz building. A Special Use Permit is required because the proposed restaurant would be located within 150 feet of a residential zoning district. The Board heard extensive public comment on the proposed restaurant. A copy of the minutes of the meeting are included in the Council packet. Neighbors raised concerns about various issues as reflected in the minutes. Key areas of concern were how the parking needs of the restaurant would be addressed, hours of operation, how deliveries and trash pickup would occur and the hours for those activities, the impact of the project on the pedestrian sidewalk, and odors from exhaust systems. In summary, the concerns focused on the impacts of the restaurant use on the adjacent residential development. In response to the concerns, the Zoning Board of Appeals developed an extensive list of conditions of approval. Since the Zoning Board meeting, in response to comments from the neighbors and suggestions from the Board, the petitioner has modified the site plan to remove the courtyard and the two trash areas from the Laurel Avenue side of the building. As a result, the pedestrian corridor along Laurel Avenue has been expanded and the trash area for the entire building has been moved inside the building. In addition to the parking that will be provided inside the building and proposed diagonal parking along Laurel Avenue, the Zoning Board recommended that the City Council approve diagonal parking along the east side of Western Avenue, from Laurel Avenue south, to increase the overall available parking in this redeveloping commercial node. The Zoning Board of Appeals unanimously recommended approval of the Special Use Permit subject to conditions of approval. The conditions of approval, site plan and minutes of the Board’s meeting are included in this packet beginning on page 32. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a Special Use Permit for a restaurant subject to conditions of approval. 2. Consideration of an Ordinance Amending Chapter 4 “Alcoholic Beverages”, 9:15 p.m. of the City Code to Allow for an Additional Class D Annual Liquor License (First Reading and Final Approval) PRESENTED BY DEPUTY CITY CLERK BETH MARQUEZ (615-4269) The City Clerk’s Office has received an application for a Class D liquor license from the restaurant “The Grille on Laurel” at 1044 N. Western Avenue. A Class D license authorizes the restaurant to sell liquor for consumption on the premises by customers. The sale of liquor will be exclusively with the ordering and serving of a complete meal to such customer in the public dining room of the restaurant, between 11:00 A.M. and 12:00 midnight; and the retail sale of liquor for consumption in the public and private rooms of the restaurant for privately sponsored parties, lunches, dinners, receptions and similar gatherings where attendance is limited to invited guests, between 11:00 A.M. and 12:00 midnight. To allow for an additional Class D liquor license, an amendment to the City Code is required, allowing a total of 6 Class D/D1 licenses in the City. The Police Department has completed and approved the fingerprinting and background checks required of the two managers of the restaurant, James and Kathryn Govas. A copy of the ordinance and other materials are included in the packet beginning on page 58. Recommended Action: Waive first reading and grant final approval to an ordinance amending Chapter 4 of the City Code, allowing an additional Class D liquor license. 3. Consideration of a Report and Recommendation from the Zoning Board of 9:25 p.m. Appeals for a Variance from Side Yard Setback Requirements for property located at 667 Greenview Place. (First Reading and Final Approval) PRESENTED BY PLANNER PETER COUTANT (604-5655) On August 25, 2003, the Zoning Board of Appeals held a public hearing on a request for a side yard setback variance to allow construction of an addition to the residence located at 667 Greenview Place. The residence was constructed in 1941, prior to the current Zoning Code regulations. The required side yard setback on this property is 10 feet. The existing residence is non conforming with respect to the setback and is located 6.8 feet at the closest point from the west side property line. An addition is proposed to the rear of the residence and is setback 7 feet from the west side property line. The addition is two-stories in height and is generally compatible in size, scale, and design to the existing house and other residences in the neighborhood. Several letters of support from surrounding property owners were presented to the Board at the public hearing. The Zoning Board of Appeals unanimously recommended approval of the requested variance. The ordinance, with site plan and findings is included in this packet beginning on page 61. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a variance from the side yard setback requirements to allow the construction of an addition as shown on the site plan. 4. Consideration of a Report and Recommendation from the Zoning Board 9:30 p.m. of Appeals for a Variance from Side Yard Setback Requirements for property located at 1255 Winwood Drive. (First Reading and Final Approval) PRESENTED BY PLANNER PETER COUTANT (604-5655) On July 28, 2003, the Zoning Board of Appeals held a public hearing on a request for a side yard setback variance to allow construction of a new single family residence located at 1255 Winwood Drive. The variance is requested because there are several factors that limit the ability to construct the residence entirely within the allowable building pad. These factors included several significant trees on the property, the irregular shape of the property, and the location and configuration of a required septic field, since sanitary sewer is not available. Because this property is zoned R5, the required side yard setback is 50 feet. As proposed, the residence will be sited 20 feet from the west side property line. In February 2003, the Building Review Board unanimously approved the demolition of the existing house and design of the replacement residence. The proposed house is approximately 3,500 square feet smaller than the maximum square footage permitted on this property, and is designed in a manner to minimize the appearance of mass and scale. The Zoning Board of Appeals unanimously recommended approval of the requested variance subject to the addition of landscaping along the west property line. The ordinance, with site plan and findings is included in this packet beginning on page 67. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing a variance from the side yard setback requirements to allow the construction of a new single family residence as shown on the site plan subject to the landscaping condition. 5. Consideration of a Recommendation from the Building Review Board, 9:40 p.m. Construction Codes Commission, and Plan Commission to amend the Building Scale Ordinance and adopt design guidelines. (Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615-4299) At the August 4, 2003 meeting the City Council approved first reading of an ordinance amending the Building Scale provisions and adopting design guidelines. At the July 7, 2003 City Council meeting, past Building Review Board Chairman Mary Jane Wolter presented the Board’s recommendations for Code amendments. The proposed amendments modify the provisions in the Code relating to building scale and establish design guidelines. This recommendation has been developed over the past year and has involved extensive public meetings and input from various Boards and Commissions. In response to City Council direction, the allowance for the size of a garage on smaller properties has been increased and clarification has been provided on how basements are calculated. The intent of the changes, to encourage good design, has been emphasized in the ordinance. If final approval of the ordinance is granted, the ordinance will take effective on October 15, 2003. Informational materials will be available to the public prior to that date. Eighteen months from the effective date, the Building Review Board will evaluate the success of the amendments. The Board will seek input from various parties as part of this process. The Board will provide a report to the City Council and make recommendations for further modifications if necessary. In the event that problems with the changes become apparent prior to the eighteen month review, the Board will reconsider the matter in an earlier time frame. The ordinance is included in the packet beginning on page 74. Recommended Action: Grant final approval of the ordinance amending the Code relating to Building Scale and adopting design guidelines. 6. Consideration of a Recommendation from the Construction Codes 10:10 p.m. Commission to establish requirements for Carbon Monoxide Alarms and Monitors in residences and parking structures. (Final Approval) PRESENTED BY FIRE CHIEF MIKE BEATTY (615-4240) On July 16, 2003, the Construction Codes Commission voted unanimously to recommend approval of a Code amendment to require Carbon Monoxide Alarms and Monitors in residences and parking structures. The proposed amendment would require alarms in new residences and in residences that undergo certain alterations providing that those residences rely on fossil fuel for heat, ventilation, hot water, or fireplaces. Prior to taking action on this recommendation, the Construction Codes Commission considered this matter at two previous meetings which included a review of the current technologies available, the cost of the systems, and the requirements in place in other communities. On August 4, 2003, the City Council approved first reading of the ordinance. It is now before the Council for final approval. The ordinance is included in the packet beginning on page 92. Recommended Action: Grant final approval of the ordinance amending the Code to require Carbon Monoxide Alarms and Monitors under certain conditions. NEW BUSINESS 1. Consideration of a Report and Recommendation from the Zoning Board of 10:05 p.m. Appeals for a Variance from the Rear Yard Setback Requirements for property located at 955 Melody Road PRESENTED BY PLANNER SUZANNE GERMANN (615-4587) On July 28, 2003 the Zoning Board of Appeals held a public hearing on a request for a setback variance for the property at 955 Melody Road to allow construction of a shed. The petitioner is proposing to construct an 8’ x 12’ shed at the rear of the property. The proposed shed is located 4’ from the rear property line. The required rear yard setback for an accessory structure in the R-3 Zoning District is 10’. The petitioner began construction of the shed without a permit. Work was stopped by the City pending consideration of the variance request by the Zoning Board of Appeals and the issuance of the appropriate building permits. At the July meeting, the Board continued the petition to allow the petitioner time to explore alternative locations for the shed on the property. The Board encouraged considering locations that would not require a variance. On August 28, 2003, the petitioner returned to the Board and reviewed alternative locations. The petitioner found that none of the alternatives achieves his goals. After reviewing the alternative locations, hearing public comment in opposition to the location proposed for the shed, and discussing the lack of demonstration of a hardship, the Board voted unanimously to recommend denial of the request for a variance. The Code requires that in the case of a variance, the Board’s recommendation, whether to approve or deny a request, must be acted on by the City Council. To approve a variance that did not receive a favorable recommendation from the Zoning Board of Appeals, a favorable vote by two-thirds of the City Council is required. The site plan, findings, alternatives studied, and the minutes from the Board’s discussion are included in this packet beginning on page 95. Recommended Action: Accept the recommendation of the Zoning Board of Appeals to deny the request for a variance. 2. Recommendation for the Award of Bid for the Purchase of a New Ambulance 10:30 p.m. PRESENTED BY FIRE CHIEF MIKE BEATTY (847-615-4240) As part of the FY 04 budget the Council approved the replacement of the fire department ambulance 242, a 1994 Wheeled Coach vehicle. The fire department sent out 8 bid packages to ambulance dealers/manufacturers. Three companies sent bids back for consideration plus the Northwest Municipal Conference ambulance bid award is presented for review. The Northwest Municipal Conference, which Lake Forest belongs to, each year solicits and awards bids on fire vehicles similar to the State vehicle bid process. For all bids there is a 120 – 180 day delivery time. The bids are listed below: Manufacturer Bid Trade In For 242 Prepayment Savings Adjusted Bid NWMC (Medtech) $153,061 Unk $2,670 $150,391 McCoy Miller $143,299 $6,000 $1,800 $135,499 Road Rescue $142,430 $6,000 $3,560 $132,870 Wheeled Coach $132,950 $8,015 $1,950 $122,985 The Fire Department recommends the Road Rescue ambulance for the following reasons: The Road Rescue bid is $7,130 below the budget of $140,000. The Department has two Road Rescue ambulances and the recommended ambulance is based on the current design. The Department has received excellent customer service from Road Rescue. There are several significant compartment design issues between the Road Rescue and Wheeled Coach that conflict with the equipment the Department uses. Recommended Action: Reject the low bid from Wheeled Coach and award the ambulance bid to Road Rescue for a price of $132,870. 3. Authorization to Award the Contract for the Forest Park Beach Playground 10:45 p.m. PRESENTED BY DIRECTOR OF PARKS AND RECREATION FRED JACKSON (615-4332) On June 2, 2003 a total of four (4) bids were received on the Forest Park Beach Playground. This playground will replace the original playground, which is not accessible and has outlived its useful life. The Parks and Recreation Department has $75,000 budgeted this year in the Park and Public Land Fund for this project. The project is split into 2 phases and the entire project has a total of 8 components: 1) Ship Theme Playstructure-accessible (birth-3 years), 2) Captain’s Quarters Playstructure-accessible (3-5 years), 3) Lighthouse Playstructure (5-12 years), 4) and 5) 2 different swing bays (2 bucket/2 belt and 4 station belt), 6) Poured in Place Surface, 7) Water Play, and 8) Installation. Bids were structured so that the City could select various components of each bid. During the months of June and July, Beach Staff solicited comments from patrons regarding the playground and its components. Actual pictures of the individual components were available for viewing. A handout is also included in the packet on page 111. The main theme of the comments was that patrons wanted overall playability to be the primary driving force of the playground chosen and that all of the components should come from the same vendor in order to maintain the aesthetic quality of the beach. The following is a summary of the bids: CONTRACTOR BID Pederson Construction, Inc. Option 1/Phase 1 $52,625 Pederson Construction, Inc. Option 1/Phase 2 $22,341 Total Pederson Construction Inc. Option 1 $74,966 Recreation Concepts, Inc. Phase 1 $52,801 Recreation Concepts, Inc. Phase 2 $27,975 Total Recreation Concepts, Inc. $80,776 Pederson Construction, Inc. Option 2/Phase 1 $74,966 Pederson Construction, Inc. Option 2/Phase 2 $37,639 Total Pederson Construction Inc. Option 1 $112,605 Grounds for Play Phase 1 $70,664 Grounds for Play Phase 2 $74,040 Total Grounds for Play $144,704 *none of these options include Water Play Following the public input process, the staff analyzed all components of the bids. The low bids by both Pederson Construction, Inc. as well as Recreation Concepts, Inc. were not acceptable to staff because they do not meet the playability issue. The bid from Grounds for Play is also unacceptable, because it is cost prohibitive and does not meet the playability issue. The alternate bid from Pederson Construction, Inc. meets all of our playability requirements and Phase 1 is within the budgeted amount of $75,000. The staff would like to make some adjustments to this option by switching the Boat Component in Option 2 with that of Option 1. In addition, we are recommending the purchase all of the bays of swings as well as water play for the budgeted amount of $75,000. During the off season we would seek donations for the only unfunded structure, The Lighthouse Theme Playstructure ($33,439). The Park and Recreation Board reviewed the bids, discussed the options, and are making the following recommendation: Components Recommended: Ship Theme Playstructure $22,820 Captain’s Quarters Playstructure $22,648 Swings (2 bucket/belt) $ 4,472 Swings (4 station belt) $ 4,200 Poured in Place Surface $15,051 Total Pederson Construction, Inc. Contract $69,191 Water Play Components (To be installed by Staff) $ 5,809 Total Budget $75,000 Recommended Action: Award a Contract for the Forest Park Beach Playground to Pederson Construction, Inc. for the bid components listed below totaling $69,191 and approve the balance ($5,809) of the $75,000 budget for purchase of water play components. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 10:55 p.m. During the month of August the following amounts were disbursed from the Cashier’s Account: GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES $1,527,476.95 $141,535.25 $1,669,012.20 PAYROLL $912,166.16 $193,243.50 $1,105,409.66 TOTALS $2,439,643.11 $334,778.75 $2,774,421.86 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF 11:00 p.m. SEPTEMBER, 2003 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the September 2003 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 11:00 p.m. Office of the City Manager September 4, 2003 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. September 8, 2003 Agenda Page 8