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CITY COUNCIL 2-2-04 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Monday, February 2, 2004 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 John Looby III, Alderman Fourth Ward PLEDGE OF ALLEGIANCE 7:30 p.m. REPORTS OF CITY OFFICERS 7:35 p.m. 1. Comments by Acting Mayor – Alderman Andersen 2. Comments by City Manager A. Report on Barat College 3. Comments by Council Members Council Committee Reports A. Finance Committee Report 1. Consideration of a Recommendation from the Park and Recreation Board for a Fiscal Year 2005 Fee Schedule for the Boat Basin at Forest Park Beach PRESENTED BY DIRECTOR OF PARKS AND RECREATION FRED JACKSON (615-4332) The Park and Recreation Department met on January 20, 2004 and approved a recommendation for a Boat Basin fee schedule for fiscal year 2005 (summer of 2004). The Board had received a petition from a number of boaters in the fall of 2003 requesting additional supervision of the Boat Basin. A committee of the Park and Recreation Board met twice with representatives of the petition to identify the issues and determine solutions. The result is a proposed program in which supervision of the Boat Basin will be provided daily during the summer season and additional time will be allocated for the guard at the entrance of the south beach. To cover increased costs of operations, fees have been increased approximately 5%. Two new fees are being proposed. A Daily Boat Launch Fee of $50 will enable residents who wish to utilize the beach on a limited basis an opportunity to launch their boat. In addition, the Board is recommending a “Late Fee” of $100 for Year Round Storage for boaters who do not pay this fee by April 15th. A copy of the ordinance is attached beginning on page 7. Recommended Action: Grant first reading and if desired by the City Council final approval to the Ordinance approving a Fee Schedule for the Boat Basin at Forest Park Beach. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL 8:20 p.m. CONSENT AGENDA 8:25 p.m. 1. Approval of the Minutes of the January 15, 2004 Regular City Council Meeting: The minutes are attached starting on page 12. Recommended Action: Approve the Consent Agenda as presented. ORDINANCES 1. Consideration of a Recommendation from the Plan Commission for an Amendment to Establish Setback Requirements for Driveways in The City of Lake Forest Zoning Code. (First reading and final approval, if desired by the City Council) 8:30 p.m. PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615- 4299) On January 14, 2004, the Plan Commission voted unanimously to recommend to the City Council approval of a Code amendment to establish a setback requirement for driveways. This is a “housekeeping” type amendment that has been on the Commission’s list for many months. Currently, the City Code establishes a setback requirement for driveways within the front yard setback. No setback requirement exists for driveways beyond the front yard setback. Despite that, the City’s practice has been to require driveways to be set back a minimum of five feet from the property line to provide the opportunity for landscaping. Formalizing this practice by including it in the Zoning Code is necessary to inform property owners and builders, and to meet the expectations of neighboring property owners. The setback requirement does not apply to properties 50 feet or less in width. The ordinance as recommended by the Plan Commission is included in the packet beginning on page 18. Recommended Action: Grant first reading of an Ordinance amending the provisions of the Zoning Code to establish a setback requirement for driveways. 2. Consideration of a Recommendation from the Plan Commission for an Amendment to the Provisions Relating to Restaurants in The City of Lake Forest Zoning Code (First reading and final approval if desired by the City Council) 8:40 p.m. PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (615- 4299) In June 2003, the City Council approved amendments to the Zoning Code pertaining to the B-1, B-2, B-3, and B-4 zoning districts. These amendments were developed in response to the moratorium on non-retail uses put in place by the City Council last spring. During the discussion of the amendments, a provision was added requiring Special Use Permits for restaurants located within 150 feet of residential zoning districts. At a follow-up meeting, the City Council directed the Plan Commission to revisit this provision and the overall regulations for restaurants. The Plan Commission considered this matter at the July, November and January meetings. Excerpts from the minutes of the Commission’s discussions are included in the Council packet as background information. The Commission’s discussions included the following: A review of the existing Code language. Consideration of the 150 foot regulation that was recently put in place. The benefits of restaurants to the vitality of the City’s business districts. The conditions of approval of the recent Special Use Permit for a new restaurant in the Turelli building. The areas of concern related to restaurants. The Commission’s goal was to recommend Code language that facilitates the approval of restaurants while at the same time ensuring that the quality of life of the business districts and surrounding residential areas is not compromised. The amendments as proposed would allow standard restaurants, those that provide regular table service, as uses that are permitted by right. A set of performance standards for restaurants is added as part of the amendment, to ensure that key issues are addressed prior to the issuance of a building permit. Fast food restaurants would require a Special Use Permit consistent with existing Code requirements. On January 14, 2004, the Plan Commission voted unanimously to recommend approval of Code amendments pertaining to restaurants as detailed in the ordinance beginning on page 20 of this packet. Recommended Action: Grant first reading of an Ordinance amending the provisions in the Zoning Code relating to restaurants. NEW BUSINESS 1. Approval of an Automatic Response Agreement with the City of Highwood 9:10 p.m. PRESENTED BY FIRE CHIEF MICHAEL BEATTY (615-4240) The Lake Forest Fire Department is requesting permission to enter into an automatic response agreement with the City of Highwood. This agreement is very similar to the response agreements we have with the other five fire departments who border our city. We have had a “gentleman’s agreement” for auto response with Highwood for over 5 years. In that agreement we sent an aerial to Highwood and because of their staffing restrictions they were unable to ever reciprocate a response to us. That has changed in the last year. Highwood Fire department can now respond to Lake Forest. We want to formalize our long standing co-operation with a written document. By this agreement we will both respond with a fire vehicle into each others community as requested. The City Attorney prepared the agreement, which is attached beginning on page 39. Recommended Action: Approval of an Automatic Response Agreement with the City of Highwood. 2. Consideration of a Resolution Appropriating MFT Funds for the 2004 Street Resurfacing Program 9:20 p.m. PRESENTED BY CITY ENGINEER KEN MAGNUS (615-4329) Engineering for the 2004 Street Resurfacing Program is complete. The 2004 Program includes approximately 4 miles of street resurfacing which would be undertaken during the summer months. The following is a list of the streets included in the 2004 Program: Old Mill Road - Millburne to Grove School Ridge Road - Old Elm to South City Limits Dover Road Shawford Way Farnham Lane Surrey Lane Kimberly Lane Harlan Lane Millburne Road Christina Lane Breckenridge Court Heather Lane The entire project is to be funded through Motor Fuel Tax (MFT) Funds. In order to stay on schedule (accept bids March 23 and award bid on April 5), it is necessary at this time to appropriate by resolution the proposed MFT expenditure of $900,000.00. Recommended Action: Approval of the resolution appropriating $900,000.00 in MFT funds toward the 2004 Street Resurfacing Program. 3. Award of Contract for the Western/Morningside Storm Sewer Project 9:30 p.m. PRESENTED BY CITY ENGINEER KEN MAGNUS (615-4329) The City of Lake Forest received three (3) proposals for the Western/Morningside Storm Sewer Project. The work included in this project involves increasing the capacity of the storm sewer systems located immediately east (downstream) of Western Avenue and Morningside Drive. This project will help alleviate the ponding of storm water that occurs at this location during heavy rainfall events. This project is one of the top priority (15) storm sewer projects recently compiled by the Sewer Improvement Committee. The results are summarized as follows: Bidder Bid Amount Campanella $26,199.85 Lenny Hoffman $30,309.00 DiMeo $31,491.00 The low bidder, Campanella, has worked on several projects in the past within Lake Forest where their work was found to be acceptable. If awarded, the contractor will be able to start this work as the weather allows and have the work completed in early April. Recommended Action: Award the contract for the Western/Morningside Storm Sewer Project to Campanella in the amount of $26,199.85. 4. Award of Construction and Construction Engineering Services 9:45 p.m. Contracts related to the 2004 Storm Sewer/Water Main Replacement and Street Resurfacing Project PRESENTED BY CITY ENGINEER KEN MAGNUS (615-4329) Bids for the 2004 Storm Sewer/Water Main Replacement and Street Resurfacing Project which involves work located within the South Whispering Oaks area are scheduled to be opened on Tuesday, January 27, 2004. The results will be presented to the Sewer Improvement Committee on January 29, 2004 with the intent of making a recommendation on awarding this contract at the February 2, 2004, City Council meeting. Along with making a recommendation to award a contract for this work, it is also recommended to enter into a construction engineering agreement to oversee the installation of this work. The engineering firm responsible for preparing the plans and specifications for this project, Clark Dietz, Inc., is being recommended to provide these services for a not-to-exceed amount of $249,800.00. This amount which represents 6% of the Engineer's Estimate of cost for this project is well "in-line" with construction engineering costs incurred on similar projects. Besides providing a full-time inspector, the construction engineering services will include: The addition of a part-time construction inspector as the need arises based on the contractors operations. Provide construction layout of water main and storm sewer appertenances. Review and recommend approval of pay requests submitted by the contractor. Attend project meetings. Prepare record drawings (as-builts) Recommended Action: Award of Contract for the 2004 Storm Sewer/Water Main Replacement and Street Resurfacing Project (Recommendation to be presented at the City Council meeting). Enter into an Agreement for Construction Engineering Services with Clark Dietz, Inc. related to the 2004 Storm Sewer/Water Main Replacement and Street Resurfacing Project for a not-to-exceed amount of $249,800.00. 3. Request the Waiving of Bid for the Replacement of Two Refuse Scooters for the Sanitation Section 10:00 p.m. PRESENTED BY THE SUPERINTENDENT OF PUBLIC WORKS MICHAEL THOMAS (615-4265) The Sanitation Section currently operates twelve refuse scooters for all of its primary operations. Throughout Public Works ten additional refuse style scooters are also used. Based on the maintenance costs, these units are typically replaced every three years. However, on November 28, 2001 the City was notified by Cushman Industries that due to a lack of demand and more stringent requirements by the EPA on their engine’s air emissions, they would no longer produce the three-wheel refuse scooter. Over the past 2½ years, staff has investigated numerous units to replace the three wheel Cushmans. Units manufactured by Broyhill, John Deere, Toro, Kawaski, Kubota, Taylor Dunn, Tiger Truck, GEM by Chrysler, and a four-wheel Cushman were all demonstrated by both the Sanitation and Fleet Maintenance Sections. The goal has been to try and find a unit that can hold a similar capacity of refuse and travel at the current speed of the three-wheel units. Both items are crucial factors as they relate to the manpower needs, route completion times, and landfill closing times. After an exhaustive review of the possible units, the four-wheel Cushman scooter is the only unit that can “re-use” our current refuse dumping mechanism (at a savings of approximately $6,000 per unit) and can “re-use” the rear end gear (at a savings of approximately $600 per unit) to achieve the 30-35 mph speed we need for travel to and from the routes. Cushman products are sold by equipment companies within specific territories; Voss Equipment, Inc. operates the Chicago land territory. Although dollars have been budgeted to replace four units this fiscal year, staff is recommending that we purchase two and if successful, return to Council for authorization for the two additional units. Recommended Action: Waive the bidding process and authorize the purchase of two four-wheel scooters for $35,000 from Voss Equipment, Inc. 4. Consideration of a Resolution Declaring Certain Real Property Surplus and Directing Its Sale 10:05 p.m. PRESENTED BY ASSISTANT TO THE CITY MANAGER MARCUS PECCIA (847) 615-4287 The City acquired 500 Golf Lane in order to construct a temporary bridge parallel to Deerpath, during the Deerpath Bridge Construction Project. At this time, the project is complete, and the City is prepared to classify the property as surplus, and sell it. The City has had multiple leases with different tenants since the acquisition of the property. The current tenants have been notified of the City’s intent to sell the property and of the timeline for the process which is as follows: Date Item Action 2/2/04 Council Action Resolution Declaring Certain Real Property Surplus and Directing its Sale- presented to City Council 2/9/04 Public Notice Resolution delivered to Lake Forester for 2/12 2/12/04 Publication Publication of Resolution in Lake Forester 3/17/04 Bidding Closed Bid Opening 11:00 a.m. at City Hall 3/18/04 to 4/5/04 Analysis & Negotiation Bid results analyzed. Staff to make recommendation of best bid and negotiate contract to be presented to Council on 4/5 4/7/04 Winner Selected Staff present recommended bid and contract to Council A copy of the resolution declaring real property surplus is attached beginning on page 44. Recommended Action: Adopt the resolution that declares 500 Golf Lane surplus, and directs its sale. APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS 10:15 p.m. During the month of January the following amounts were disbursed from the Cashier’s Account: GENERAL FUND, IMRF, & CAPITAL IMPROVEMENTS WATER TOTALS INVOICES $675,086.83 $65,508.56 $740,595.39 PAYROLL $970,469.34 $151,547.61 $1,122,016.95 TOTALS $1,645,556.17 $217,056.17 $1,862,612.34 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF FEBRUARY, 2004 The motion to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the February 2004 audited accounts. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT 10:20 p.m. Office of the City Manager January 29, 2004 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. February 2, 2004 Agenda Page 7 Amended 1/30/04