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CITY COUNCIL 2-19-08 council agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA Tuesday, February 19, 2008 7:30 p.m. City Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable S. Michael Rummel, Mayor Tom E. Swarthout, Alderman First Ward Thomas H. Morsch, Jr., Alderman Third Ward David D. Grumhaus, Jr., Alderman First Ward Greg C. Hanrahan, Alderman Third Ward Stuart M. Widman, Alderman Second Ward John A. Looby III, Alderman Fourth Ward Robert C. Elliott, Alderman Second Ward Deborah T. Haddad, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor 2. Comments by City Manager 7:35 p.m. A. Approval of a Resolution relating to Police and Fire Pension Fund Legislation In July 2007, a Community Forum was held to discuss the need for pension reform in local Police and Fire pension funds. Over the past several months, the City has been working with the Illinois Municipal League, state legislators, and others to draft legislation that would begin to address the concerns and issues raised at that Community Forum as it relates to their financial uncertainty and threats to their long-term reliability and liquidity. Attached as page 8 is a resolution urging the Illinois General Assembly to refrain from authorizing any further benefit enhancements and to adopt various reforms that will protect the Police and Firefighters Pension Fund. Recommended Action: Adopt the attached resolution relating to Police and Firefighters Pension Fund reform. B. Discussion on Snow Removal Operations and Consideration of Salt Purchases 3. Comments by Council Members 8:15 p.m. 4. Council Committee Reports 8:20 p.m. A. Finance Committee Report B. Public Works Committee Report 1. Consideration of a Resolution Appropriating MFT Funds for the 2008 Street Resurfacing Program Engineering for the 2008 Street Resurfacing Program is complete. The 2008 Program includes approximately 4 miles of street resurfacing which would be undertaken this spring/summer. The following is a list of the streets included in the 2008 Program: Deerpath – McKinley to Lake Westminster – Green Bay to Western Turicum Road – Westleigh to south end McCormick Drive – Westleigh to Turicum Loch Lane – McCormick to Circle Circle Lane – Westleigh to south end Lowell Lane – Old Mill to south end Gavin Court – Waukegan to north end Pine Croft Lane – Waukegan to east end Rue Foret – Melody to south end Melody Road – Waukegan to Rue Foret The entire project is to be funded through Motor Fuel Tax (MFT) Funds. Since these funds are to be used they must be appropriated by resolution prior to bidding the project. The total amount of the MFT appropriation is $997,272.06. Recommended Action: Approval of a resolution appropriating $997,272.06 in MFT funds to be used toward the 2008 Street Resurfacing Program. 2. Authorization to Enter into Engineering and Joint Agreements for the Reconstruction of the Old Elm Road Bridge The project to reconstruct the Old Elm Road Bridge located over the Skokie River between Green Bay Road and Route 41 has been scheduled by the Illinois Department of Transportation (IDOT) for an April 25, 2008 bid letting, with construction anticipated to start in June and to be completed in November. The City of Lake Forest secured a Federal Grant (80%), administered through IDOT, to assist in funding this project. The remaining 20% is the responsibility of The City of Lake Forest which also has an existing Intergovernmental Agreement with The City of Highland Park where each community agreed to share equally in the costs associated with this project outside of the costs that will be provided by the Federal Grant. At this time, three (3) actions need to be taken by the City, which involve the following: Enter into a Construction Engineering Services Agreement with Wiss, Janney, Elstner Associates, Inc. Construction engineering services involve construction staking, materials testing and full-time construction inspection to be provided throughout the duration of the project. Wiss, Janney, Elstner Associates, Inc., who undertook the design of the bridge, is being recommended to provide the construction engineering services for a not-to-exceed amount of $159,931.80. Enter into a Joint Agreement with IDOT. Since this project is being funded by IDOT (80%) as well as the City (20%), an Agreement outlining the funding responsibilities of the construction and engineering services must be executed by both governmental entities. Appropriate by Resolution Motor Fuel Tax (MFT) funds for the City share of the Project Costs. Since MFT funds will be used to fund the City share of the project costs, they need to be appropriated by resolution and forwarded to IDOT for their approval. A total of $426,756 will need to be appropriated to cover the entire cost of the construction engineering (IDOT to reimburse the City 80% of these costs) and 20% of the construction costs. The final cost share distribution for Phase III Construction can be summarized as follows: Federal/IDOT Lake Forest Highland Park Total Phase III Construction $1,196,000 $149,500 $149,500 $1,495,000 Recommended Actions: It is recommended that The City of Lake Forest enter into an Agreement with Wiss, Janney, Elstner, Associates, Inc. to provide Phase III Construction Engineering Services for the reconstruction of the Old Elm Road Bridge in the amount of $159,931.80. It is recommended that The City of Lake Forest enter into a Joint Agreement with IDOT which will document the funding responsibilities for Phase III Construction for the reconstruction of the Old Elm Road Bridge at 80% IDOT and 20% The City of Lake Forest. It is recommended that The City of Lake Forest appropriate by resolution an amount of $426,756 in MFT funds to be used toward Phase III Construction/ Engineering for the reconstruction of the Old Elm Road Bridge. The City of Lake Forest will be reimbursed 80% of the engineering costs from IDOT as well as 10% from The City of Highland Park resulting in a final cost expenditure from the City of $149,500. 3. Award of Contract for Design Engineering Services related to the North Beach Access Road Reconstruction The North Beach Access (NBA) road was initially constructed in the 1960’s. The NBA road has deteriorated beyond the routine maintenance measures. In addition, the drainage system of the NBA road is in poor condition undermining the pavement and its structural integrity. The reconstruction of the NBA road will entail improving the cross-section of the pavement and the drainage system. In addition, minor curb work will also take place on the parking lot, near the south end of the NBA road. See attached map. The next step in this reconstruction process is to procure the services of an engineering firm to perform detailed design engineering including preparation of the plans and the specifications. The engineering firm being recommended to undertake these services is Clark Dietz, Inc. who has previously worked with the City in a satisfactory manner and are capable of undertaking this project. The total not-to-exceed amount is $49,820. This contract would be financed through the Capital Fund. The design engineering services would be undertaken this spring. The project is anticipated to be bid in early fall with construction completed by December. Recommended Action: It is recommended that the Contract for engineering design services related to the North Beach Access Road Reconstruction Project be awarded to Clark Dietz, Inc. for a not-to-exceed amount of $49,820. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 8:50 p.m. 1. Approval of the Minutes of the January 22 and February 4, 2008 Regular Council Meetings A copy of the minutes are attached beginning on page 12. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning 8:55 p.m. Board of Appeals for a Variance from the Side Yard Setback Requirements of the R-1 Zoning District for Property Located at 158 Atteridge Road (First Reading and, if desired by the City Council, Final Approval) PRESENTED BY ASSISTANT PLANNER MEGAN O’NEILL (847-615-4587) On January 28, 2008, the Zoning Board of Appeals held a public hearing to consider a request for a variance from the setback requirements of the R-1 zoning district to allow construction of two window bays associated with an addition to the existing house located at 158 Atteridge Road. The owners of the property are requesting a variance to construct two small window bays within the required 10 foot setback area on the west side of their property to accommodate a new powder-room and expanded eating area. The bays will project three feet into the setback and will be one story in height. The majority of the addition associated with this request complies with setback requirements. The Zoning Board of Appeals found that this request has minimal impact to neighboring properties. The addition is designed in a manner that is consistent with the Building Scale and Environment Ordinance and the design standards in the Code. The Zoning Board of Appeals voted unanimously to recommend approval of the variance request to allow the window bays to be constructed no closer than 7 feet from the west property line. There were no objections from surrounding property owners to this request. The ordinance, with site plan and findings is included in the Council packet beginning on page 20. Recommended Action: Waive first reading and grant final approval of the variance requests to allow the window bays to be constructed no closer than 7 feet from the west property line. 2. Consideration of a Report and Recommendation from the Zoning 9:05 p.m. Board of Appeals for the Approval of an amendment to a Special Use Permit approving a Master Site Plan for Woodlands Academy of the Sacred Heart, Located at 760 E. Westleigh Road (First Reading and, if desired by the City Council, Final Approval) PRESENTED BY SENIOR PLANNER PETER COUTANT (847-604-5655) On January 28, 2008, the Zoning Board of Appeals held a public hearing to consider the an amendment to a Special Use Permit for Woodlands Academy of the Sacred Heart to allow future upgrading and expansion to the school’s facilities in a manner consistent with a proposed Master Site Plan. The Master Site Plan does not propose extensive changes on the campus, but instead, focuses on upgrades and enhancements to academic, athletic and performing arts facilities that will allow the school to remain competitive with other private schools. As the Academy secures funding to move forward with each component of the plan as outlined in the Master Plan, individual Special Use Permits will not be required as long as the project is consistent with the approved Plan. Architectural and landscape approvals by the Building Review Board will be required as provided for in the City Code. The Zoning Board of Appeals voted unanimously to recommend approval of the request. There were no objections from surrounding property owners to this request. The ordinance, with site plan and findings is included in the Council packet beginning on page 29. Recommended Action: Waive first reading and grant final approval of an Ordinance amending a Special Use Permit to approve an updated Master Site Plan authorizing expansion of the school’s facilities in a manner consistent with the plan. 3. Consideration of a Report and Recommendation from the Plan 9:20 p.m. Commission in Support of Tentative Approval of the Fallingwater Subdivision Plat. (Tentative Plat Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (847-615-4299) The Fallingwater Subdivision is a five lot development planned for just over 14 acres of property which is located east of Telegraph Road, and north of Old Mill Road. On September 13, 2006, the Plan Commission heard a preliminary presentation on the Fallingwater Subdivision and the Commission, along with members of the public, identified various issues and concerns with the proposed development. After the meeting, based on the direction received from the Plan Commission, the petitioner spent the next 18 months talking with neighboring property owners, obtaining approvals from outside agencies and developing a refined subdivision plan. This property, similar to other remaining developable properties in the City, presents some significant development challenges including limited street frontage, an awkward parcel configuration, nearby existing homes, adjacent railroad tracks, wetlands, and a portion of the site is located within the flood plain. On December 17, 2007 the Plan Commission held a public hearing to consider a request for tentative approval of the Fallingwater Subdivision. Overall, the Commission found that the plan presented a creative development solution for this difficult parcel. The Commission determined that the proposed subdivision plan addresses many of the concerns previously raised by the Commission and neighboring property owners. After hearing a detailed presentation from the petitioner and comments from the public, and after Commission discussion, the Commission voted 5 to 1 to recommend tentative approval of the subdivision to the City Council subject to a number of conditions of approval. Consistent with the conditions of approval recommended by the Plan Commission, the proposed subdivision plan will be refined to address the issues raised before it is put into final form for staff review. Upon a determination by staff that the conditions of approval are satisfied, the final plat of subdivision will be brought back to the Plan Commission for a final public hearing and a final recommendation to the City Council. The Plan Commission’s report to the City Council is included in the packet beginning on page 40. Recommended Action: Approve a motion granting tentative approval of the Fallingwater Plat of Subdivision subject to conditions of approval. NEW BUSINESS 9:30 p.m. 1. Authorization to Award Construction Contract for Deerpath Community Preschool Playground PRESENTED BY DIRECTOR OF PARKS & RECREATION MARY VAN ARSDALE (847-615-4332) Deerpath Community Preschool Playground replaces the Kinderhaven Preschool Playground that was removed due to the CROYA Student Union addition. This new preschool community playground will be constructed on the east side of the Recreation Center located at 400 Hastings Road. The playground design includes age-appropriate ground and elevated play equipment, a bay of swings, a circular tricycle path, an art easel creative area and sand play space along with necessary landscaping throughout. Fencing the entire playground was also necessary to ensure safety from vehicular traffic on the newly added roadway along the east side of the Recreation Center. The Parks and Recreation Board rejected the single bid this past fall and directed staff to re-design the playground to meet program needs as well as financial resources with the overall goal of completing construction of the playground by May 2008. Staff involved Kinderhaven parents, Parks and Recreation board members and staff with re-designing the playground and is requesting authorization to award the construction bid. Funding for this project is budgeted in the FY2008 and FY2009 Park and Public Land Fund with $230,000 from impact fees, $50,000 from the special recreation fund and $75,000 from a grant from the Illinois Department of Commerce and Economic Opportunity (for a total project budget of $355,000). While researching the playground re-design, staff learned of an opportunity to save funds on the playground equipment and poured-in-place surfacing material by participating in a national purchasing program, called US Communities. At the February 4th meeting, City Council approved the authorization of purchase for the playground equipment ($63,425) and poured in place surfacing ($27,360). The remaining components of the playground construction including site grading, earthwork, drainage, fencing, concrete and installation were solicited through a public bid process. We also chose to public bid the poured-in-place surfacing as an alternate in order to ensure best price for this more costly element. Five companies bid on the Deerpath Playground project and are summarized in the chart below: Bidder Name Base Bid Amount Alternate #1-Surfacing Bluemel’s Maintenance Service, Inc. $152,600 $26,500 Kovilic Construction Company $172,500 $35,000 Pederson Construction, Inc. $203,146 $28,000 Landscape Concepts Construction, Inc. $228,202 $25,655 Cooling Landscape Contractors $239,950 $31,720 Bluemel’s Maintenance Service, Inc. was the low base bid at $152,600 which was within the cost estimate for the construction portion of the project. The alternate bid for poured-in-place surfacing was priced $1,423 lower than the US Communities price and staff feels this reflects Bluemel’s interest in getting the overall bid without any labor markup for this one item. References were completed and the Park and Recreation Board reviewed the bid results at their February 12th meeting. As you will see in the chart below, staff anticipates that this playground will be under budget. Deerpath Playground Total Budget $ 355,000 (Revenue) Expenses: Playground Equipment-US Communities $ 63,425 (Expense) Base Bid Award-Bluemels $ 152,600 (Expense) Alternate #1 Surfacing-Bluemels $ 26,500 (Expense) Professional Fees-Land Design Collaborative $ 24,000 (Expense) Plant Landscaping-City of LF $ 15,500 (Expense) Additional Playground Misc Equipment (drinking fountain, signage, storage) $ 14,500 (Expense) 5% Contingency $ 17,750 (Expense) Total Estimated Expense $ 314,275 Estimated Project Balance $ 40,725 Recommended Action: Award of contract for Deerpath Community Preschool Playground construction to Bluemel’s Maintenance Service in the amount of $179,100 (base bid of $152,600 and $26,500 surfacing alternate) to be paid from funds currently budgeted in FY08 and FY09 Park and Public Land Fund. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:40 p.m. Office of the City Manager February 15, 2008 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 19, 2008 Agenda Page 7