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CITY COUNCIL 4-6-09 council agenda amendedTHE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, April 6, 2009 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL 7:30 p.m. Honorable S. Michael Rummel, Mayor David D. Grumhaus, Jr., Alderman First Ward Thomas H. Morsch, Jr., Alderman Third Ward Kent E. Novit, Alderman First Ward Greg C. Hanrahan, Alderman Third Ward Stuart M. Widman, Alderman Second Ward John A. Looby III, Alderman Fourth Ward Renard Goltra, Alderman Second Ward Robert T. Palmer, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Certificates of Recognition for City Foundations A copy of one of the certificates is attached beginning on page 11. Recommended Action: Approve the resolutions as presented. B. Approval of Student Appointments to Boards and Commissions Student Name Board/Commission Olivia Napier Parks and Recreation Board Christian Schmidt Environmental Policy Advisory Committee Eileen Sanders Library Board Recommended Action: Accept the new student appointments for 2009-2010. A copy of their Volunteer Profile Sheets are attached beginning on page 12. C. Approval of Reappointments to Boards and Commissions Board Member’s Name Board/Commission Philip Foss Board of Fire and Police Commissioners John Diefenbach Firemen’s Pension Board Lloyd Culbertson Building Review Board Steuart Tray Building Review Board Peggy Vignocchi Building Review Board Maddie Dugan Building Review Board April 6, 2009 Agenda Page 2 Virginia Grace Cemetery Commission John Greene Cemetery Commission David Moore Historic Preservation Commission Virginia Munson Historic Preservation Commission Frederic Moyer Historic Preservation Commission Lisa Dettling Library Board Catherine Miserendino Library Board Catherine Waldeck Plan Commission Jack Reisenberg Plan Commission Mary Beth Jones Senior Resources Commission Angelo Bufalino Legal Committee Recommended Action: Accept the reappointments to Boards and Commissions. The new term of these reappointments will begin May 1, 2009, with the exception of the Library Board which begins July 1, 2009 per State Statute. D. Proclamation of April 13-17, 2009 as Earth Week A copy of the Proclamation is attached beginning on page 31. Lake Forest students will also be present to give a short report on Earth Week festivities. Recommended Action: Approve the Proclamation as presented. 2. Comments by City Manager 7:45 p.m. A. Report from LEAD on their Upcoming Book Discussion (April 13 - Hal Urban – Life’s Greatest Lessons: 20 Things that Matter). 3. Comments by Council Members April 6, 2009 Agenda Page 3 4. Council Committee Reports 8:00 p.m. A. Finance Committee Report 1. Consideration Of An Ordinance Authorizing The Issuance Of $3,680,000 General Obligation Bonds, Series 2009, Of The City Of Lake Forest, Illinois (First Reading ) PRESENTED BY CHAIRMAN DAVID GRUMHAUS This ordinance authorizes the issuance of $3,680,000 General Obligation Bonds, Series 2009 of The City of Lake Forest, Illinois. A draft ordinance is attached beginning on page 32. The bid opening is April 20, 2009 at 10:30 A.M. The final ordinance will be provided at the April 20 meeting. Recommended Action: Grant first reading to the ordinance authorizing the issuance of $3,680,000 General Obligation Bonds, Series 2009, of The City of Lake Forest, Illinois. (Staff Contact person: Kathy Reinertsen 847-615-4222) OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 8:10 p.m. 1. Approval of Authorized Invoices and Payrolls During the month of March, the following amounts were distributed from the Cashier’s Account: GENERAL FUND WATER TOTALS INVOICES $520,045.25 $85,299.26 $605,344.51 PAYROLL $1,150,832.89 $126,662.60 $1,277,495.49 TOTALS $1,670,878.14 $211,961.86 $1,882,840.00 The motion is for the approval of Authorized Invoices and Payrolls for March 2009. 2. Authorization of Treasurer’s Warrants to Meet Expenses of April, 2009 The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the April 2009 audited accounts. 3. Resolution Supporting the 2010 Census Complete Count This resolution is a formality explaining that the City will support the Census Bureau in completing their 2010 Census count. A copy of the resolution is attached beginning on page 59. Recommended Action: Approval of the Consent Agenda as presented. April 6, 2009 Agenda Page 4 NEW BUSINESS 8:15 p.m. 1. Consideration of Approval for Forest Park Beach Operational Improvements PRESENTED BY DIRECTOR OF PARKS AND RECREATION MARY VAN ARSDALE (847-615-4332) The past several years has seen a significant growth in non-resident patrons utilizing Forest Park Beach. Correspondingly, City Officials, the Park Board and Recreation staff were contacted by an increasing volume of residents requesting the City to address concerns at this facility. Staff began to investigate the legal and operational aspects necessary to address access while maintaining a facility that all can enjoy. Holland + Knight were asked to review legal requirements and existing case law as it would relate to providing public access to Forest Park Beach. Articles were placed in the December/January and February/March Dialogue to let residents know of the upcoming opportunity to provide their feedback or participate in the community discussion. Since the start of 2009 there have been two special Meeting-of-the-Whole Park Board workshops, two televised Park Board monthly meetings, meetings with the city police department and numerous opportunities to gather input from the community. Alderman Hanrahan also participated in the February Meeting-of-the-Whole. The meetings have been utilized to develop a solid foundation of knowledge regarding current Forest Beach facility practices, legal requirements as researched by Holland+Knight, surrounding community practices and identifying the possible improvements. Holland+Knight’s research verified that the City is required to provide non-resident access to the beach and park due to the Public Trust Doctrine. The parking lot and other special use facilities like the pavilions may, however, be restricted for the benefit of residents only. This baseline information was presented at the February 10th Park Board meeting along with a request for residents to share their concerns. An opportunity to complete an on-line comment card was emailed to over 1,200 households, placed on the city’s website and made available at various City facilities. To date, staff has received several hundred comment cards and phone calls with resident feedback on the topic. A copy of the resident written comments is attached for Council review. The community feedback has indicated that the vast majority of residents are under the impression that the beach could be restricted for resident use only; but if we allow non-residents they should be charged a fee. The critical issues that were identified included: volume of non-resident patrons, impact on the facility (cleanliness and staffing), unauthorized parking, lack of knowledge and respect for the facility rules, and general safety concerns. The concerns communicated by residents became the framework for staff to research a variety of operational scenarios and their associated costs. Residents and the staff identified that the largest volume of concerns take place on the weekends and holidays. On weekdays, the beach is not as crowded and is primarily utilized by Lake Forest residents. As a result, the proposed operational plan recommends that residency be checked and non-resident daily fees be collected only on Saturdays, Sundays and holidays, from Memorial Day to Labor Day. Monday through Friday would continue to utilize the same “open and free access” for all visitors to the lake, thereby allowing our residents to continue to enjoy the weekdays without any changes. The 2009 beach season will have 32 weekend days and 3 holidays. Daily crowd is estimated between 3,000-4,000 patrons that would equate to 93,000 weekend and holiday users comprised of resident and non-residents. This is a conservative, estimated number because our current usage is tracked only by resident car count. As evident, this facility has seen a April 6, 2009 Agenda Page 5 significant growth in volume of users in the past five years and this necessitates the changes under consideration. Staff and the Park Board are recommending seven key operational changes at the Lakefront for the 2009 season. Each of these items will be described in detail in the remaining portion of this document and/or in attachments. Proposed 2009 Operational Changes 1. Restricting the drives leading to the north and south parking lots to vehicles with Lake Forest vehicle stickers and Non-resident vehicles having a valid handicap sticker who will be allowed to drop off only. 2. Increasing the parking violation fee from $75 to $125 on streets east of Sheridan Road. 3. Adding additional security at the beach on the 35 weekend and holiday dates. 4. Shifting park maintenance coverage to ensure a clean facility during all peak operation hours. 5. Adding additional signage at the beach and near parking areas to more clearly delineate rules and procedures. 6. Charging a user fee of $10 per day per person, regardless of age, for all non-residents wishing to access the beach on Saturdays, Sundays and holidays. Residents would continue to be able to use the lakefront free of charge seven days a week but would be required to provide proof of residency on Saturdays, Sundays and holidays. 7. Closing one of the two entrances located at the upper south end of the park and their connecting walk on Saturdays, Sundays and holidays. Recommendation #1—Restricting Access to the Lakefront Parking Lots: Users of the lakefront must have a Lake Forest vehicle sticker to park at the north, south or upper parking lots at the lakefront. In 2009 cars would be stopped at the top of the drives to verify a Lake Forest vehicle sticker or non-resident handicap sticker. Non-residents with handicap sticker will be allowed to drop off at the lower level only. Cars without the required stickers would not be allowed to proceed to the lower level to drop off any people or beach supplies. No City Council Action Required. Recommendation #2—Increasing Parking Violation Fees: Parking is currently not allowed on the streets east of Sheridan Road. In 2008, the Police Department reports that 598 tickets were issued annually east of Sheridan Road and 465 of these were issued between the months of May-September. The vast majority of the tickets were issued to non-resident users. The current fee has been viewed as too low to deter the large volume of illegal parking. The plan recommends increasing the parking violation fee from $75 to $125 for streets east of Sheridan Road. This recommendation is also supported by the Police Department. Should City Council support this recommendation it would require a modification to the City’s parking ban ordinance. Non-residents as a result, would still have to park west of Sheridan Road. City Council Action Required—Amendment of Parking Ordinance Sec 40-1-1308. Recommendation #3—Adding Additional Security: Part of the safety concerns over the past two years have arisen due to the volume of lakefront users on the weekends and holidays, the large property area for the manager to support and the relatively young age of the lakefront staff. Staff has seen a significant increase in flagrant unwillingness to abide by the rules and frequent disrespect of the staff. Feedback from residents indicated that they were concerned about the safety of their children and desired a safer environment. As a result, the new operational plan recommends hiring an outside security firm in conjunction with the City Police Department to provide total weekend and holiday April 6, 2009 Agenda Page 6 coverage. The City’s police department is able to shift their sixth zone to provide the additional support on Sundays beginning in July for no additional cost. However, due to their manpower needs they are not able to provide the additional free support on Saturdays, holidays and the balance of the Sundays. To provide the balance of coverage needed at a reasonable cost, the plan recommends hiring an outside security force. The City Police Chief will work with the staff to help identify the scope of enforcement actions to include and will assist with the selection of the security firm. No City Council Action Required. Recommendation #4—Shifting Park Maintenance Hours to Address Cleanliness: Numerous residents expressed concerns over the cleanliness of the facility due to the large volume of users. Upon additional review by staff, we have attributed part of this problem to be the scheduling of park maintenance staff coverage at the lakefront. Rather than have our maintenance staff leave the facility at 2pm on weekends, staff schedules will be shifted to provide coverage until 6pm. This will add no additional costs to the new operational plan but ensure proper coverage during the critical use hours. No City Council Action Required. Recommendation #5—Adding Additional Signage: Currently signage is very limited and does not provide the beach patron with the necessary information to properly use the facility or meet rule compliance. As a result, staff and the police have little to assist them when trying to enforce the City’s policies. The plan proposes adding additional reference and rule signage at the six lakefront entrance points, on the lower beach in key locations and at a few other key locations where non-resident parking occurs. This additional signage is also critical in helping direct our residents and non-residents to the entrances and notify them of required proof of residency or payment of admission fees. The signs will incorporate universal symbols as well as text. Signage would be developed that conforms to the City’s signage ordinance and yet provides the critical information to communicate City rules and policies. No City Council Action Required. Recommendation #6—Charging Non-Resident Daily Fees & Proof of Residency: This particular recommendation is the most challenging item to implement at the lakefront. The challenges are due to the numerous points of access to the beach, the need to enforce a proof of residency requirement for Lake Forest residents, the operational challenges of directing the non-resident patron to the appropriate entrance, crafting the necessary cash handling operations within the park setting, and selecting a daily fee price that is legally defendable. Staff also researched neighboring community non-resident beach fees and these ranged from $3-$10 per visit. Initially it was proposed to charge $20 per non-resident but Holland+Knight has cautioned that we do not have the available data to support this higher fee and demonstrate the equalized burden of residents and non-residents. The $10 fee could be presented as provisional for this season while better data are gathered, which will afford the City the protection from a challenge and flexibility for future admission fee adjustments. The plan recommends that staff is placed at all access points to direct guests to the required entrances. The access points and the staffing plan for these are illustrated in the attachments. Residents will be allowed to utilize all entrances but will be required to provide proof of residency regardless of which point of entry they select. Residents will be encouraged to use the main staircase or south staircase which will be a resident entrance only. Proof of residency will include a driver’s license, State ID, Lake Forest School ID or Lake Forest utility bill. Students without a valid driver’s license may utilize their Lake Forest school ID. For students that do not have issued school ID’s (such as some of the private schools in Lake Forest), youth may acquire a Lake Forest Resident ID Card free of charge at the Recreation Center. Failure to provide proof of residency would require the individual to pay the non-resident daily fee of $10. April 6, 2009 Agenda Page 7 Non-residents arriving at the lakefront will only be allowed to enter using the wooden walkway entrance immediately adjacent to Spring Road. Non-residents will pay their $10 per person fee at the bottom of the walkway where we will have established a cash handling station. Fees will be collected during the hours of 8am-5pm on the Saturdays, Sundays and holidays. This location was specifically desired due to the proximity to the staff office that affords a more secure environment to perform all of the cash operations. We also have electricity available there as well as a long sidewalk to check-in the arriving guests with their many beach items. Wristbands will also be issued for any visitor that wishes to leave the facility and return later without having to pay again or go through the efforts of proving residency. In order to implement the non-resident fee program, it will require 4 additional staff between the core hours listed above. City Council Action Required—Amendment of Fee Ordinance. Recommendation #7— Close One Entrance: Closing one of the two entrances located at the upper south end of the park and their connecting walkway is necessary to avoid having to staff these entrances and/or collect fees at more than one location. Gates that could be locked closed on Saturdays, Sundays and weekends will be installed. During Monday through Friday, the gates will be latched open to provide the desired use of these stairs and ramps. No City Council Action Required. Obviously, to address the concerns of residents and provide the optimal lakefront experience will require additional expense. In 2008 lakefront operational costs totaled $419,035 for recreation staff, parks maintenance and building maintenance needs. This amount does not include any additional expense incurred for capital improvements or auxiliary support provided by other departments such as police or public works. Collecting non-resident fees will help to defray some of the expense that occurs from their facility use. Staff is estimating that it will cost approximately $47,623 in additional operational costs in order to implement the proposed improvements in 2009. Some of these costs are one-time expenses and as a result it is estimated the cost will decrease to approximately $26,472 in year two. At the proposed fee of $10 per day we would break even on the additional expense if 136 non- residents used the beach each Saturday, Sunday or holiday in 2009. The key to the success of this new operational plan will be educating the public about the revisions. To this effort, staff has planned to mail to each Lake Forest household a small beach brochure that provides an overview of the new operational plan, the City’s rules and general information. In addition, all other identified media options will be utilized including, but not limited to, email blasts using the Recreation Department’s program data base, the City’s website, and information through the local schools, updates at public meetings, local media feature stories, Triblocal, and other regional websites such as the Lake County Health Beach Information Website. This new program will not be without a few growing pains. We also know that change is not always easy or approved by all. However, the residents have requested that the City address the current concerns at the facility. As a result, the proposed plan was crafted to try to address the most critical items identified by residents. The necessary ordinance revisions would be presented for approval at the next City Council meeting. Recommended Actions: 1. Authorize staff to prepare an Ordinance amending the City Code to allow for the collection of non-resident fees beginning with the 2009 lakefront season. 2. Authorize staff to prepare an Ordinance amending Sec 40-1-1308 of the City Code regarding Parking Fines, to provide for increasing the parking violation fines from $75 to $125 on streets east of Sheridan Road. April 6, 2009 Agenda Page 8 2. Award of Bid for the Operation of the City’s Compost Facility 9:00 p.m. PRESENTED BY SUPERINTENDNET OF PUBLIC WORKS MICHAEL THOMAS (847-615-4265) Background On July 1, 1990, the State banned the disposal of yard waste from all landfills. Since this time, the City has managed its own material at the Route 60 Compost Facility. The grinding, turning, testing, and screening of the compost have been performed by D.K. Organics. The agreement has been renewed by City Council for many years; however the recently adopted purchasing directive requires that services in excess of $20,000 be placed out for competitive bidding. The current agreement with D.K. Organics expires April 30, 2009. Therefore on March 26, 2009, staff received a bid to process the approximate 10,000 compacted yards of yard waste as well as a separate bid to transfer the non-processed yard waste to a different licensed compost facility. As part of the agreement, the City receives 1,500 yards of compost for both its operations and resident use. The following bids include such material: Company Operate / Transfer Bid Amount Compost Total P. Clifford Miller Operate $115,000 Included $115,000 Thelen Sand & Gravel Transfer $115,350 $6,000 $121,350 D.K. Organics Operate $116,250 $7,950 $124,200 D.K. Organics Transfer $210,000 $15,450 $225,450 Staff is recommending that the City continue with its compost operation at the Route 60 facility. If the City chooses to transfer the material instead, Sanitation employees would need to load the transfer trailer on a daily basis. This would require at least ten hours per week for a nine month period. The personnel and equipment cost equating to approximately $25,000 annually would need to be added to the transfer bids to determine a true cost of operation. Finally, D.K.’s bid to operate the Compost Facility required that the City’s Sanitation, Parks, & Forestry material be brought to D.K’s operation in Lake Bluff. The material would ground and then returned to the City’s Compost Facility. This did not meet the bid specifications. The low bidder, P. Clifford Miller, is a resident of Lake Forest and has been performing various landscaping design and installation work for the City throughout the years. He has also operated the City’s deer management program for the past fifteen years. With his landscaping background and his experience of managing his own company’s yard waste / compost, staff is recommending that the low bidder be awarded the agreement. Recommended Action: Based on the lowest responsible bidder, staff recommends that P. Clifford Miller, Inc. be awarded the agreement to operate the City’s Compost Facility in the unit price bid amount of $11.50 per compacted yard. Based on staff’s estimate of 10,000 compacted yards for the fiscal year, the total agreement amount is estimated to be $115,000. This $400 under the budget amount of $115,400. April 6, 2009 Agenda Page 9 3. Award of Bid for the Lighting Upgrade for the Public Safety and 9:20 p.m. Fire Station II Buildings PRESENTED BY SUPERINTENDENT OF PUBLIC WORKS MICHAEL THOMAS (847-615-4265) In April, 2008, The City of Lake Forest was awarded grant funding from the Illinois Clean Energy Community Foundation (ICECF hereafter) to upgrade the lighting at both the Public Safety and Fire Station #2 Buildings. The ICECF is a non-profit organization that invests in clean energy development and land preservation efforts to improve environmental quality in Illinois. The benefits expected from this lighting upgrade include overall improvement to the lighting quality for public safety employees, save energy by reducing the overall energy consumption, reduction of annual maintenance costs, and corollary pollution associated with the operation of these two facilities. The City received the following six bids on March 19, 2009: BID TAB For 2009 Lighting Energy Savings and Retrofit Conversion Project Budgeted Amount: $25,000 Company Bid Total All Industrial Electric, Inc. $31,590.00 Imperial Lighting Maintenance $34,032.96 All Tech Energy $35,352.00 Light Source Unlimited $43,302.00 Planned Lighting, Inc. $51,781.90 United Energy Associates, Inc. $63,969.00 The ICECF grant funding is based on the actual electricity demand reduction that is achieved through the completed lighting upgrade. The total cost of the proposed lighting upgrade is $34,032.96, with the ICECF grant share being $20,810.40 and The City’s share being $13,222.51. All Industrial Electric Incorporated’s proposal did not meet the required specification by (1) not including the addendum # in the general conditions, and (2) not submitting the cost-per-unit fixture spreadsheet. Imperial Lighting Maintenance Company’s proposal met all the required specifications and their references gave favorable responses. In addition, they are experienced and have a good working relationship with the ICECF and their grant application process. Recommended Action: In reviewing the bids received for this item, staff found that the lowest bid did not meet the required specifications. Therefore staff recommends that the City Council (i) reject the lowest bidder as unresponsive and (ii) award the bid to Imperial Lighting Maintenance Company in the amount of $34,032.96; The City’s portion will be $13,222.51. April 6, 2009 Agenda Page 10 4. Report on Monitoring and Enforcement Procedures for Distressed 9:40 p.m. Buildings (Council Update, No Action Required) PRESENTED BY CATHERINE CZERNIAK DIRECTOR OF COMMUNITY DEVELOPMENT (847-615-4299) PAUL PETERSEN, CODE ENFORCEMENT OFFICER (847-283-8546) Staff will provide an update to the City Council on the monitoring program that is now in place to address vacant and distressed properties. As the Council is aware, Lake Forest, like other communities, is experiencing some foreclosures and other situations resulting in some properties not being properly maintained in a manner consistent with the requirements of the Code. With the framework provided by Code amendments adopted by the City Council in 2008, regular inspections of identified properties are occurring in an effort to allow the City to be proactive in assuring that these properties are adequately maintained until they are purchased or in some cases, reoccupied. As necessary, staff will be issuing fines and tickets, utilizing the Administrative Hearing process and seeking assistance from the City Attorney to gain compliance with the Code. Resident concerns about unkept properties should be directed to Paul Petersen, Code Enforcement Officer, petersep@cityoflakeforest.com or 847-283-8546. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:50 p.m. Office of the City Manager April 2, 2009 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.