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CITY COUNCIL 07/19/2010THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, July 19, 2010 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL Honorable James J. Cowhey, Jr., 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 David Moore, Alderman Second Ward Robert T. Palmer, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. Comments by Mayor A. Presentation of the Irwin A. Block Award for Excellence in Community Environmental Stewardship, presented by the City’s Green Team A copy of the nomination report is attached beginning on page 21. B. Appointment of Michelle Green to fill the Current Vacancy on the Parks and Recreation Board A copy of her Volunteer Profile Sheet is attached beginning on page 28. Recommended Action: Approval of the new appointment. C. Resolution of Appreciation for Roger Mohr for Serving as Chairman in the Senior Resources Commission A copy of the Resolution is attached beginning on page 30. Recommended Action: Approval of the Resolution of Appreciation. D. Appointment of Paul LeMieux as Chairman of the Senior Resources Commission Recommended Action: Approval of the appointment. E. Consideration of a Resolution establishing an Adhoc Barat Campus Advisory Committee PRESENTED BY CATHERINE CZERNIAK, DIRECTOR OF COMMUNITY DEVELOPMENT (847-810-3504) Recently, Harris Bank took ownership of the 23 acre Barat Campus property. At the June 21, 2010 meeting, the Council heard a request from Harris Bank to begin informal discussions with the City about the future of Barat Campus. The Council expressed a willingness to engage in informal discussions with Harris Bank noting that the discussions should focus on the approved development parameters for the site and the previously approved plan for the Barat Woods development. In response to the Council’s discussion at the June 21st meeting, staff prepared a draft Resolution for Council consideration. The Resolution establishes an Adhoc Barat Campus Advisory Committee and charges the Committee with engaging in informal discussions with Harris Bank. The Resolution reflects discussions with Mayor Cowhey and Alderman Widman, the Mayor’s recommendation for Chairman of the proposed Committee. Committee membership, as recommended by the Mayor, is attached as an exhibit to the Resolution. The Resolution is included in the Council packet beginning on page 31. Recommended Action: Approve a Resolution establishing an Adhoc Barat Campus Advisory Committee. F. Settler’s Green Term Sheet Committee Report In 2009, a subcommittee was formed consisting of Mayor Cowhey, Alderman Morsch and Alderman Palmer to work with the City Attorney and City staff to prepare a model term sheet controlling any future affordable housing developments within the City. The Committee was also charged with reviewing development terms specifically relating to the proposed Settlers Green project. In the course of its review, the Committee engaged an independent consultant Axia Development to review the proposed terms. Over the past year, the Committee has met multiple times with staff, the consultant and members of the Settlers Green Development Team. At its meeting on July 12, 2010 the Committee concluded that the term sheets are ready for consideration by the full Council. A copy of the report from Axia Development dated June 6, 2010 along with the model term sheet and Settlers Green term sheet will be distributed to the Council at the end of July and placed on the September 7th City Council meeting agenda for consideration. 2. Comments by City Manager 8:00 p.m. A. ComEd Annual Report PRESENTED BY JEFFREY BATARA, EXTERNAL AFFAIRS MANAGER FROM COMED, STAFF CONTACT CARINA WALTERS, ASSISTANT TO THE CITY MANAGER (847-810-3680) As part of Com Ed’s commitment to providing reliable services and public relations, ComEd annually presents to the City Council a comprehensive report pursuant to the previous calendar years electrical system. In addition to the 2009 Annual Report Com Ed will be discussing: Smart Grid or Advanced Metering Infrastructure (AMI) Program June 18, 2010 Storm Restoration Proposed 2011 Rate Increase Information attached on page 34. B. Labor Strike and Construction Project Update, presented by Asst. City Engineer Ramesh Kanapareddy 3. Council Committee Reports 8:30 p.m. A. Finance Committee – Alderman Grumhaus 1. Consideration of an Ordinance Establishing a Special Service Area for the White Stable Vineyard Subdivision in Support of District 67 (First Reading) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (847-810-3504) On June 7, 2010, the City Council approved the Proposing Ordinance for a Special Service Area for the White Stable Vineyard Planned Preservation Subdivision to support District 67 facilities. As required by law, a public notice was published prior to the June 7th meeting, the notice was ratified by the City Council, and a public hearing was held. There were no requests to speak. The Establishing Ordinance for the Special Service Area, in support of District 67, is now before the City Council for first reading. The Ordinance will be brought back to the Council for final consideration in September. Since the enactment of an intergovernmental agreement between the City and District 67 in 1994, significant developments including the Amberley Woods, Middlefork Farm and Stonebridge subdivisions and the Regents Row development have made payments to the District’s Facility Development Fund based on the density of the developments and the anticipated impacts on the public schools through the Special Service Area. School District representatives and the developer of White Stable Vineyard met to discuss the proposed development and its likely impacts on the school district and reached agreement on the particulars of the Special Service Area for this development. The City is not involved in these negotiations, but only provides the mechanism for establishing the Special Service Area. The Establishing Ordinance for the Special Service Area for the White Stable Vineyard Subdivision, in support of educational facilities, is included in the council packet beginning on page 35. Recommended Action: Grant first reading of the Establishing Ordinance for the Special Service Area for the White Stable Vineyard Subdivision in support of District 67. 2. Consideration of an Ordinance Proposing the Establishment of the White Stable Vineyard Special Service Area (SSA) in the City of Lake Forest in Support of Public Infrastructure Facilities, Ratifying the Public Notice and Providing for a Public Hearing and Other Procedures in Connection Therewith(First Reading, and if Desired by the City Council, Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (810-3504) AND CITY ATTORNEY, VICTOR FILIPPINI At the June 7, 2010 meeting, the Council approved a Proposing Ordinance supporting public infrastructure for the White Stable Vineyard Subdivision. Due to changes in the parameters of the proposed SSA, a revised public notice was published and the Council is required to re-consider this Proposing Ordinance, ratify the amended notice, and hold a public hearing. This Proposing Ordinance is one of the first steps in establishing a Special Service Area for the White Stable Vineyard Subdivision. The purpose of this ordinance is to support the construction of public infrastructure. The SSA process has been used by the City in the past to support school facilities. In this case, the SSA is requested by the developer as a means of financing public infrastructure for a unique development which preserves agricultural use on a portion of the site, preserves a significant amount of open space, preserves historic structures and is consistent with all applicable Code provisions, no variances of any kind are requested. Importantly, establishment of the SSA does not place any liability on the City. The City is not being asked to pledge any taxes or revenues as part of this SSA. Creation of the SSA does not place the City at risk. The City Attorney and Director of Finance have met with the developer and his legal and financial advisors as well as with the attorneys for the property owner, the Reilly Partnership. The City’s Bond Counsel has also been consulted. As proposed, the SSA would allow buyers the option to pay off the SSA at any time, including at the time of the initial sale of the property. Establishment of the SSA does not change the requirement for the developer to post all of the required financial guarantees with the City, for aspects of the project that are not covered by the SSA, prior to recording of the plat to assure completion. If the City Council approves the Proposing Ordinance, City staff will work with Bond Counsel and the other various parties to prepare the Establishing Ordinance and documentation related to the bond issuance for Council consideration in September. The Special Service Area will not be established until the sale of the property closes. The Proposing Ordinance for the Special Service Area in support of public infrastructure for White Stable Vineyard is included in the Council packet beginning on page 46. Recommended Action: Waive first reading and grant final approval of the Proposing Ordinance for the Special Service Area for the White Stable Vineyard development for the purpose of supporting the installation of public infrastructure. Open the public hearing, invite public testimony, and then close the public hearing. 3. Consideration of the Annual Appropriation Ordinance for FY2011 and Approval of Rollovers (Final Approval) 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. 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 up to 10% of the total funds budgeted. This practice has been followed for the past twenty-nine years and has worked very efficiently, while still providing for complete City Council control over budgeted expenditures. 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 further modifications to the amended Appropriation Ordinance to cover any unforeseen expenditures exceeding the budget. In addition, in order to provide more accurate and efficient accounting and budgeting of City funds, an annual rollover of funds is required. This eliminates both under and over budgeting of funds in the new fiscal year and is a widely used standard practice for most municipal governments. The items on the attached rollover list consist of projects that were appropriated in FY2010 and will not be completed until FY2011. A change has been made to the Appropriation Ordinance after the first reading on June 21, 2010. An additional rollover amount of $58,361 for the citywide telecom network has been added to the Capital Improvements fund in the rollover column. 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 district, their budget must be included in our Appropriation Ordinance. Summary of the Amounts Appropriated from the Several Funds The City of Lake Forest Fund Rollover Budget Total Appropriation General $ 109,812 $ 29,820,045 $ 29,929,857 $ 32,922,843 Park and Public Land 0 250,000 250,000 275,000 Motor Fuel Tax 23,920 125,000 148,920 163,812 Emergency Telephone 0 222,590 222,590 244,849 Elawa Farm – Operating 0 143,100 143,100 157,410 Senior Resources Commission 0 643,339 643,339 707,673 Parks and Recreation 59,520 8,454,908 8,514,428 9,365,871 Special Recreation 0 290,097 290,097 319,107 Cemetery Commission 0 836,153 836,153 919,768 Public Library 0 3,516,425 3,516,425 3,868,068 Foreign Fire Insurance 0 105,000 105,000 115,500 Drug Asset Forfeiture 0 10,000 10,000 11,000 Alcohol Asset Forfeiture 0 30,000 30,000 33,000 Affordable Housing 0 50,000 50,000 55,000 West Lake Forest TIF 0 3,125,231 3,125,231 3,437,754 Capital Improvements 662,247 3,427,265 4,089,512 4,498,463 Rt. 60 Bridge 0 1,015,933 1,015,933 1,117,526 Rt. 60 Intersection 0 242,584 242,584 266,842 Rt. 60 Fitzmorris 0 344,423 344,423 378,865 2009 Bond – Western Avenue 0 160,101 160,101 160,101 2010 Bond 0 18,425,000 18,425,000 18,450,000 Water and Sewer 0 7,351,941 7,351,941 8,087,135 Water and Sewer Capital Fund 26,679 1,476,000 1,502,679 1,652,947 Deerpath Golf Course 0 1,311,860 1,311,860 1,443,046 Fleet 0 1,745,679 1,745,679 1,920,247 Liability Insurance 0 1,422,539 1,422,539 1,564,793 Self Insurance 0 3,951,000 3,951,000 4,346,100 Firefighters’ Pension 0 1,531,400 1,531,400 1,684,540 Police Pension 0 1,765,600 1,765,600 1,942,160 Sub-total $ 882,178 $ 91,793,213 $ 92,675,391 $ 100,109,420 School District 67 Educational $ 0 $ 26,215,868 $ 26,215,868 $ 26,215,868 Operations, Building and Maintenance 0 4,690,724 4,690,724 4,690,724 Transportation 0 1,166,526 1,166,526 1,166,526 IMRF/Social Security 0 678,334 678,334 678,334 Capital Projects 0 752,478 752,478 752,478 Sub-total $ 0 $ 33,503,930 $ 33,503,930 $ 33,503,930 Grand Total $ 882,718 $ 125,297,143 $ 126,179,321 $ 133,613,350 Recommended Action: Grant final approval of the ordinance and the rollovers (page 54). B. Housing Trust –Alderman Morsch 9:00 p.m. 1. Report on Recent Housing Survey C. Laurel and Western Avenue Redevelopment Committee – Alderman Morsch 1. Consideration of a Recommendation from the Laurel and Western Avenue Redevelopment Subcommittee to Authorize Next Steps Toward the Remediation of the Former Municipal Services Site in Preparation for Sale and Re-development of the Property. (Authorize the City Manager to approve contract.) PRESENTED BY CATHERINE CZERNIAK DIRECTOR OF COMMUNITY DEVELOPMENT (847-810-3504) On October 5, 2009, the City Council authorized a Limited Phase II Environmental Site Assessment for the former Municipal Services property. As approved by the Council, the assessment was completed by Midwest Environmental Consulting Services, the firm that conducted previous surveys and assessments of the property including the Phase I Environmental Site Assessment, and Limited and Comprehensive Asbestos Surveys. On June 29, 2010, the Laurel and Western Avenue Redevelopment Subcommittee, Chaired by Alderman Morsch, met and received a full report on the results of the Limited Phase II Study from Blake Mellecker, President, Midwest Environmental Consulting Services, Inc. Mr. Mellecker presented recommendations for next steps in the process. A copy of the full recommendation is included in the Council’s packet beginning on page 66. After review, the Laurel and Western Avenue Redevelopment Subcommittee determined that work on the following recommendations should be undertaken at this time. Further investigation and soil borings to define the limits of the contaminated fill soils on the site which generally appear to be located on the northern portion of the site, and possibly in the area of the berm. The cost estimate for this work is $14,000 to $17,000. This work will allow a determination of the extent of soil removal required and the development of cost estimates for soil removal and disposal. The results of the investigation would be presented to the Subcommittee for review. Recommendations on how to proceed based on the results of the investigation will be presented to the City Council for consideration. Removal of all underground storage tanks, oil/water separators and in-ground hydraulic lifts from the site. Cost estimates for this work are estimated at $70,000 recognizing that there is the potential for some additional costs depending on what is found once the excavation begins. Removal of these various structures in the near term will eliminate the potential for further leakage into the surrounding soils. At this time, the subcommittee is not recommending proceeding with demolition of additional buildings on the site. In light of the favorable market, the subcommittee directed Midwest Environmental to seek additional competitive bids for the removal work. Potential bidders toured the site recently and bids are expected to be received by Midwest Environmental prior to the City Council meeting. Based on the bids received, revised cost estimates for the removal work will be presented at the City Council meeting and the not to exceed number presented below will be modified if appropriate. After extensive discussion with Mr. Mellecker, the subcommittee unanimously agreed that it is important for the City to continue the process of identifying environmental issues and to begin to move forward with clean up of the site. The subcommittee stated strongly that the City should strive to put this site in the position of being offered as a clean site, with no unknowns, to allow the City to ultimately receive the best possible price for the property. Recommended Action: Authorize the City Manager to approve a contract with Midwest Environmental Consulting Services, Inc. for additional services including further subsurface investigation and removal of underground structures in an amount not to exceed $95,000. D. Legal Committee – Alderman Palmer 9:30 p.m. E. Post Office Reuse Planning Team – Alderman Novit F. Public Works Committee – Alderman Looby 1. Consideration of an Ordinance Establishing a Limited Cost-Share Program for Homeowners to Reduce the Risk of Flooding Resulting from Sanitary Sewer Surcharges (First Reading & Final Approval) In March, 2003, the City adopted an ordinance providing minimal financial support encouraging residents to convert their home’s sewer system to overhead plumbing. The idea has been resurrected after the May 13, 2010 flooding in Lake Forest. The topic was discussed at both this evening’s and the June 21st Public Works Committee meetings. It received additional discussion at the June 21st Finance Committee meeting. Attached on page 73 is the draft ordinance. The proposed ordinance provides for reimbursement for the installation of various plumbing enhancements that prevent sanitary sewage into residents’ homes. As was discussed on June 21st, the reimbursement is increased to $3,000 or 50% of the project cost, whichever is less. As part of this program, any cross-connections that are found via the Home Inspection will be required to be repaired by the homeowner. However the ordinance does not apply for this purpose. This program will be available to all single family homeowners residing in Lake Forest and will be on a first-come-first-serve basis. Staff will provide updates to City Council throughout the remaining months of this fiscal year as to the overall community interest in this program. Recommended Action: Waive First Reading and Grant Final Approval of an Ordinance Establishing a Limited Cost-Share Program for Homeowners to Reduce the Risk of Flooding Resulting from Sanitary Sewer Surcharges. G. PCA Committee – Mayor Cowhey 1. Approval of an Amended Employment Agreement for City Manager Robert Kiely The City Manager’s contract was reviewed by the PCA Committee meeting today prior to the City Council meeting. The City Manager’s contract is reviewed on an annual basis. Minor changes have been made to the FY2011 contract which is available for viewing in the City Clerk’s office. Recommended Action: Approval of the contract as recommended by the PCA Committee. H. Transportation Safety Enhancement Committee – Mayor Cowhey 1. Report on the Pedestrian Rail Safety Symposium at Northwestern University’s Transportation Center 4. Comments by Council Members 10:00 p.m. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS CONSENT AGENDA 10:10 p.m. 1. Approval of the Minutes from the June 21, 2010 Regular Meeting A copy will be sent via email prior to the meeting. 2. Appointment of Deputy Fire Chief Kevin Issel New ESDA Coordinator A copy of ESDA’s Notice of Appointment is attached beginning on page 79. 3. Approval of Authorized Invoices and Payrolls During the month of June the following amounts were disbursed from the Cashier’s Account: GENERAL FUND WATER TOTALS INVOICES $502,336.81 $130,650.65 $632,987.46 PAYROLL $1,621,169.90 $171,689.92 $1,792,859.82 TOTALS $2,123,506.71 $302,340.57 $2,425,847.28 The motion is for the approval of Authorized Invoices and Payrolls for June, 2010. 4. Authorization of Treasurer’s Warrants to Meet Expenses of July, 2010 The motion is to authorize the Mayor and City Clerk to sign such warrants as may be necessary to meet the July, 2010 audited accounts. 5. SUBJECT: Award of Bid for the Public Safety Building Boiler Replacement Project included in the F.Y. 2010 Bond Issuance Budget PRESENTED BY: Michael Thomas, Superintendent of Public Works PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award the bid for the Public Safety Building Boiler Replacement Project. The project to replace the existing boiler with two smaller boilers would be scheduled for completion by October 31, 2010. BACKGROUND/DISCUSSION: The existing boiler at the Public Safety Building is the original boiler that was installed when the building was constructed over 40 years ago. The original system has reached the end of its service life, operating only at an estimated 58% efficiency. If kept in service, the boiler will require extensive repairs in order to continue operating (e.g. new burner assembly & complete boiler re-tubing). At the beginning of the 2009/2010 winter season, the boiler began to leak and was taken out of service for emergency repairs. Significantly warped boiler tubes were replaced and cracks were welded in the steel plate that holds the tubes in place. The proposed new boiler system was engineered by Southport Consulting in Kenosha, Wisconsin. The design includes installing two new 85% efficient modulating boilers to replace the exiting larger boiler. In addition to the 85% efficiency rating, the modulating feature will increase the operating efficiency by matching the heating output with the building’s varying heat loads throughout the course of the heating season. In contrast, the existing boiler’s capability is an “all-or-none” system requiring the boiler to; for example, operate at 100% to satisfy only a 20% heat load. BUDGET/FISCAL IMPACT: On July 6, 2010, staff received the following bids for this project: Company Bid Amount Martin Petersen Company $116,985 International Piping Systems $151,655 Monaco Mechanical $171,400 Westside Mechanical Services $177,255 Premier Mechanical, Inc. $208000 After a detailed review of the bids, Martin Petersen Company’s proposal met all of the required project specifications and their references gave favorable responses. FY2010 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Bond Issuance 321-0008-419.67-10 $104,926 $116,985 Y RECOMMENDED ACTION: Award of bid to Martin Petersen, Inc. in the amount of $116,985; this is $12,059 over the budget amount of $104,926. Additionally, staff is requesting a 5% contingency for any unforeseen problems during the project. Both the overage and the contingency will be covered by Building Maintenance’s F.Y. ’11 operating capital program. 6. SUBJECT: Award of Bids for the Raw Water Pump Modification Project at the Water Treatment Plant PRESENTED BY: Michael Thomas, Superintendent of Public Works PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to award three separate bids for the raw water pump modifications at the City’s water treatment plant. Recognizing there is an eight to ten week lead time on the pump delivery, staff is requesting approval now so that the project can be completed and all equipment placed into service no later than November 1, 2010. BACKGROUND/DISCUSSION: The City’s water treatment plant utilizes four raw water pumps to bring water in from Lake Michigan. All four pumps were designed with the same pump curve. Many days during the late fall, winter, and early spring, demand has decreased to a point where the pumps are working below their pump curve. This causes major stress and possible cavitation on the pumps. As a result plant personnel turn the pumps off until demand reaches a point where water is needed. This practice however creates air which is significantly detrimental to the fibers in the membrane modules. This project will include the installation of two “side arm” pumps which allow smaller amounts of water to be drawn into the plant without having to turn the pumps off. As a result air will no longer be generated and the modules will last longer with fewer fiber breaks. The project was bid in three separate categories: Equipment, Piping, and Electrical. The following bids were received on July 1st, 2010: Equipment Piping Electrical Illinois Pump: $103,899 Concord Const.: $62,600 Becker Electrical: $14,000 Flow Tech-Nics: $121,593 Meccon Indust.: $72,000 LAI Limited: $125,138 Skirmont Mech.: $79,392 BUDGET/FISCAL IMPACT: The manufacturer of the membrane modules, AquaSource visited the water treatment plant on April 19th and 20th. One of their final recommendations was to “replace the feed (raw water) pumps with pumps that can take speed variation without generating air”. This project will address that issue. The project is $20,499 over budget due to an IEPA ruling requiring the pump motors be located on a building elevation above lake level. This overage will be paid by dollars saved on the recent membrane purchase in April. FY2011 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Water 508-0001-434-75-02 $160,000 $180,499 Y RECOMMENDED ACTION: Award of bid to Illinois Pump in the amount of $103,899; award of bid to Concord Construction in the amount of $62,600; award of bid to Becker Electrical in the amount of $14,000. In addition staff is requesting a 5% contingency ($9,000) for any unforeseen modifications to the project. 7. SUBJECT: Award of Purchase for Four Police Cars Included in the F.Y. 2011 Capital Equipment Budget PRESENTED BY: Michael Thomas, Superintendent of Public Works PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase four replacement police cars. Upon City Council approval, the cars will be ordered with an expected delivery date of October 31, 2010. BACKGROUND/DISCUSSION: The Police Department currently utilizes eleven marked Chevrolet Impala police cars and one 4WD Tahoe. Once each car accrues 100,000 miles, it is given to the Community Development or Building Maintenance Sections for their various inspection and maintenance programs. It takes approximately 2 ½ years to accrue the replacement mileage before they are moved out of the Department. The cars are used by the other two Sections for approximately two more years and are then sold before they begin to have costly radiator, transmission, engine, and suspension repairs. On July 9th, the following bids were received: Vendor Bid Amount Bill Jacobs Chevrolet, Joliet, IL $89,801.08 Shepard Chevrolet, Lake Bluff, Il $95,180.00 Bill Stasek Chevrolet, Wheeling, IL $95,949.52 Biggers Chevrolet, Elgin, IL $96,660.56 Whiteside Chevrolet, St. Clairesville, OH $98,980.00 Advantage Chevrolet, Hodgkins, IL $99,991.56 BUDGET/FISCAL IMPACT: Replacement of these police cars was discussed at the March 15, 2010 budget meeting. Staff is not recommending the low bidder, Bill Jacobs Chevrolet. Almost all options found on Chevrolet Impala police cars are factory installed. In 2008 Bill Jacobs Chevrolet was the low bidder as they saved money by installing many specified items at their dealership. From the delay of the initial order, followed by the failure of various dealer installed options (push bumpers, air bag switches, premature battery use, etc.) the City’s Fleet Maintenance staff has had a very difficult time acquiring warranty work on those specific units. Again with this year’s bid Bill Jacobs Chevrolet is proposing to install many of the unique police car options at their dealership. The specification was clear that they needed to be installed by the factory; therefore they did not meet specifications. However, the City has purchased many of its police cars and pick-up truck fleet from Shepard Chevrolet and has had excellent warranty claim cooperation and parts availability. Therefore staff recommends this year’s police car purchase be awarded to Shepard Chevrolet. FY2011 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General 321-0008-450-75-49 $100,000 $95,180 Y RECOMMENDED ACTION: In reviewing the bids received for this item, staff determined that the low bid did not meet the required specifications; the second lowest bid however did meet the specifications. As a result, staff recommends that the City Council (i) reject the first low bidder as unresponsive and (ii) award the bid to purchase four police cars to Shepard Chevrolet in the amount of $95,180; this is $4,820 under the budgeted amount of $100,000. This savings will be used to offset other capital equipment items in this year’s replacement program. 8. SUBJECT: Award of Purchase for One Replacement Wheel Loader Included in the F.Y. 2011 Capital Equipment Budget PRESENTED BY: Michael Thomas, Superintendent of Public Works PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase a replacement wheel loader for the Sanitation Section. The unit is used for loading recyclables, salt, snow, and other materials in the Public Works and Parks / Forestry operations. BACKGROUND/DISCUSSION: The current unit, a 1992 Case combination machine, has significant structural and mechanical issues. The floor of the cab is severely rusted and has been patched several times. The front bucket and loading arms are extremely worn. There are cracks in both the fuel and hydraulic reservoirs; these reservoirs are part of the frame structure. The motor mounts and hood have been replaced and the unit continually overheats throughout the summer months. Over the past three years, it has become an extremely unreliable piece of equipment. Therefore on July 9th, the following bids were received: Company Make Model Net (After Trade) Burris Equipment Hyundai (2007 demo) HL757 XTD-7 $99,835 Christofano Eqpt. Dooson (2009 demo) DL200A $113,175 West Side Tractor John Deere 544K $124,285 Christofano Eqpt. Dooson DL250B $124,475 Burris Equipment Hyundai HL757 XTD-9 $136,710 Contractor’s Eqpt. Rental Terex TL260 $151,396 Patten Industries CAT 930HQ $152,722 McAllister Eqpt. Volvo L70F $156,009 Patten Industries CAT 938H $177,672 BUDGET/FISCAL IMPACT: Replacement of this wheel loader was discussed at the March 15, 2010 budget meeting. The two lowest bidders did not meet the City’s minimum specification. The Hyundai’s hydraulic pump and differentials did not meet specifications. The Dooson’s demonstrator machine did not have the correct bucket size and did not meet the quick coupler, hydraulic pump, and differential specifications. The third lowest bidder, West Side Tractor’s John Deere 544K met all specifications. The City operates other John Deere equipment and all pieces have proven to be extremely reliable. West Side Tractor provides mobile, on-site service and parts are available next day. FY2011 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General 321-0008-450-75-49 $120,000 $124,285 Y RECOMMENDED ACTION: In reviewing the bids received for this item, staff determined that the two lowest bids did not meet the required specifications; the third lowest bid however did meet the specifications. As a result, staff recommends that the City Council (i) reject the two lowest bidders as unresponsive and (ii) award the bid to purchase a John Deere 544K replacement wheel loader to West Side Tractor in the amount of $124,285; this is $4,285 over the budgeted amount of $120,000. The difference will be paid by savings realized in both the police car and chipper purchases. 9. SUBJECT: Award of Purchase for One Replacement Compact Loader Included in the F.Y. 2011 Capital Equipment Budget PRESENTED BY: Michael Thomas, Superintendent of Public Works PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase a replacement compact loader for the Parks Section. The unit is used for loading various parks materials to include dirt, wood chips, stone, salt, snow, and to assist in moving various bleachers and benches. BACKGROUND/DISCUSSION: The current unit, a 1996 JCB 4-wheel steer machine has had its entire gear reduction wheel assembly seals replaced. The machine’s starter continues to malfunction and because of its smaller size, it cannot load a majority of the City’s newer dump truck fleet. In addition there is no automatic leveling device for dumping the bucket and the operators have reported a reduction in the machine’s overall engine and hydraulic power. Therefore on July 9th, the following bids were received: Company Make Model Net (After Trade) Burris Equipment Case (2007 demo) 321-E $63,250 Contractors Eqpt. Rental Terex TL-100 $64,050 Patten Industries CAT 908HQ $71,523 McAllister Eqpt. Volvo L35B $72,417 Burris Equipment Case 321-E Series 3 $78,850 West Side Tractor John Deere 304J $81,152 BUDGET/FISCAL IMPACT: Replacement of this compact loader was discussed at the March 15, 2010 budget meeting. The two lowest bidders did not meet the City’s minimum specification. The Case demonstration machine did not have locking differentials, ride control, or the required cold weather package (allowing the unit to be staged outside during the winter months). The Terex machine did not have the required locking differential. The third lowest bidder, Patten Industries CAT 908HQ met all specifications. The City recently purchased a CAT skid steer and through that bid evaluation, found Patten Industries to provide mobile, on-site service and next day part delivery. FY2011 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N Park Eqpt. Reserve 223-5774-452-75-01 $80,000 $71,523 Y RECOMMENDED ACTION: In reviewing the bids received for this item, staff determined that the two lowest bids did not meet the required specifications; the third lowest bid however did meet the specifications. As a result, staff recommends that the City Council (i) reject the two lowest bidders as unresponsive and (ii) award the bid to purchase a CAT 908HQ compact loader to Patten Industries in the amount of $71,523; this is $8,477 under the budgeted amount of $80,000. 10. SUBJECT: Award of Purchase for One Replacement Log Chipper Included in the F.Y. 2011 Capital Equipment Budget PRESENTED BY: Michael Thomas, Superintendent of Public Works PURPOSE AND ACTION REQUESTED: Staff is requesting City Council authorization to purchase a replacement log chipper for the Forestry Section. The current unit chips logs up to 20” in diameter and is used for all of Forestry’s yearly trimming and tree removal programs. In addition it used during high wind or storm events. BACKGROUND/DISCUSSION: The fenders and side panel body structures of the current unit have significant rust. The bed knife / anvil are severely worn from consistent heavy use. The unit has been through two clutches and Fleet Maintenance anticipates upcoming issues with the main grinding drum. Therefore on July 9th, the following bids were received: Company Make Model Net (After Trade) Vermeer Midwest Vermeer BL1800XL $40,730 Bandit Industries Bandit 1990 XP $53,000 Alexander Eqpt. Co. Morbark (2009 demo) M20R $58,900 Alexander Eqpt. Co. Morbark M20R $61,250 Vermeer Midwest Vermeer BLZ100XL $66,317 BUDGET/FISCAL IMPACT: Replacement of this log chipper was discussed at the March 15, 2010 budget meeting. The lowest bidder provided a bid for a machine that is smaller than what is called for in the specifications. The City’s Forestry Section demonstrated all three machines this spring and was pleased with the second lowest bidder, Bandit. FY2011 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General 321-0008-450-75-49 $75,000 $53,000 Y RECOMMENDED ACTION: In reviewing the bids received for this item, staff determined that the lowest bid did not meet the required specifications and therefore recommends that the City Council (i) reject the lowest bidder as unresponsive and (ii) award the bid to purchase a Bandit Industries 1990XP replacement log chipper to Bandit Industries in the amount of $53,000; this is $22,000 under the budgeted amount of $75,000. The savings will be used to cover overages in other general fund capital equipment items. Recommended Action: Approval of the Consent Agenda as presented. ORDINANCES 10:30 p.m. 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals in support of variances from the Maximum Lot Coverage Requirements and Various Zoning Setback Requirements to Allow Construction of an Addition, a Replacement Garage and a Replacement Front Porch at 144 E. Westminster. (First Reading and, if desired by the City Council, Final Approval) PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CATHERINE CZERNIAK (810-3504) On May 24, 2010 and July 8, 2010, the Zoning Board of Appeals held public hearings to consider the request for the following variances. The variances are requested to allow construction of an addition at the rear of the house to accommodate a family room, bathroom, mudroom and rear porch on the first floor and a master bedroom on the second floor. In addition, the existing garage, which will be removed to allow construction access for the addition, will be replaced in its current location and form, and the front porch, which is in deteriorating condition, will also be replaced in its current location and form. The specific variances are detailed below. A variance from the maximum amount of the lot permitted to be covered by structures. Maximum lot coverage permitted by Code 30% = 1,296 square feet Existing lot coverage is 28% = 1,218 square feet Proposed lot coverage with addition is 36.7% = 1,586 square feet Variance requested is 6.7% = 290 square feet over allowable Variances from the side yard setbacks for the addition. Side yard setback required by Code = 12 feet from property line Existing house – east side = 2.8 feet from property line Proposed addition - east side = 3.5 feet from property line Variance requested east side = 8.5 foot encroachment Existing house – west side = 7.5 feet from property line Proposed addition - west side = 7.75 feet from property line Variance requested west side = 4.25 foot encroachment Variance from front yard setback for porch Front yard setback required by Code = 40 feet from property line Existing house – front porch = 12.75 feet from property line Proposed front porch = 12.75 feet from property line Variance requested front yard = 27.25 foot encroachment (No change from existing condition – porch rebuilt on same foot print) Variances accessory structure setbacks for garage Rear yard setback required by Code = 10 feet from property line Existing garage = 6.5 feet from property line Replacement garage = 6.5 feet from property line Variance requested rear yard = 3.5 foot encroachment (No change from existing condition—garage rebuilt on same footprint) Side yard setback required by Code = 10 feet from property line Existing garage = 4 feet from property line Replacement garage = 4 feet from property line Variance requested side yard = 6 foot encroachment (No change from existing condition—garage rebuilt on same footprint) This project was also presented to the Building Review Board on July 7, 2010 and the Board approved a building scale variance of 15.2% by a 4 -1 vote, with the Chairman voting in opposition. The Zoning Board of Appeals heard a presentation from the petitioner’s representative and had extensive discussion about the requested variances. The Board heard testimony in support of the project from a number of neighboring property owners, including the adjacent property owner to the west, and received letters raising some concerns about the proposed project from the adjacent neighbor to the east. The Zoning Board of Appeals voted 5-1 to recommend approval of the requested variances to the City Council and developed findings in support of the recommendation. The Board’s recommendation is subject to conditions of approval pertaining to additional impervious surface on the property and drainage impacts. The Ordinance, including the findings and conditions of approval, is included in the Council packet beginning on page ____. Zoning Board of Appeals’ Recommendation: Waive first reading and grant final approval of the Ordinance to allow variances as detailed above and as similarly detailed in the Ordinance subject to conditions of approval and consistent with the plans dated June 30, 2010 attached to the Ordinance. NEW BUSINESS 10:50 p.m. 1. Discussion of the Removal of At-Grade Pedestrian Crossing – (Downtown Market Square/ CBD Train Station) and the Maintenance and Operation of Signals Lease with the Union Pacific PRESENTED BY CARINA WALTERS, ASSISTANT TO THE CITY MANAGER (847-810-3680) In 1980 the City of Lake Forest and Chicago Northwestern (C&NW) entered into an agreement with respect to an at-grade platform or crosswalk located between the west platform and Depot (Chamber of Commerce) and the main east train depot. For orientation purposes please refer to the attached map, page 107. Being mutually beneficial to both parties, the City agreed to pay CN&W an annual maintenance fee of $610 including an escalation factor, representing the cost of maintaining and operating the signals and crossing. For whatever reason, the C&NW never billed the City or stopped billing the City many years ago. Recently, the City received notification from the current owner, Union Pacific, of the billing error, who is seeking maintenance pay from calendar year 2009 moving forward. They are not seeking back pay prior to 2009. For your convenience on page 108 of your packet is a copy of the maintenance agreement. With public safety as a high priority in Lake Forest, the City Council appointed a Transportation Safety Enhancement Committee to study and recommend potential safety improvements at both pedestrian and vehicular crossings at both train stations. The TSEC was scheduled to discuss this item at is July 19th meeting; however, was cancelled due to a lack of quorum. Staff electronically sent the attached map and maintenance agreement for their feedback. The Union Pacific has expressed its support should the at-grade pedestrian crossing be removed. The Police Department reported although fatalities have not occurred at the depot, express trains travel though the depot. The sensitivity and potential inconvenience to commuters and the Chamber of Commerce are recognized; however, the underlying concern is public safety of its users. Additionally, as a result of three fatalities at the Telegraph Road Train Station, Metra removed one of the two at-grade pedestrian crossings in January 2010. This brings the City Council to a policy question. Does the City resume payment to the Union Pacific for the pedestrian crosswalk maintenance; or Should the Union Pacific remove the at-grade pedestrian crossing in between the Chamber of Commerce and depot as a matter of public safety? Should the crosswalk be removed, the commuter pattern will be re-directed to Westminster Avenue and/or Deerpath Road posing an inconvenience to commuters and the employees of the Chamber of Commerce who must cross the tracks to utilize the lavatories. Recommended Action: Staff is seeking direction from the City Council to either 1) Remove the at-grade Pedestrian Crossing and not renew a Lease with the Union Pacific or 2) Keep the at-grade Crossing and renew a Lease with the Union Pacific for the Maintenance and Operation of the Signals and Crossing. 2. Consideration Of A Lease Extension Between The City Of Lake Forest And The Union Pacific Relating To The Train Depot PRESENTED BY CARINA WALTERS ASSISTANT TO THE CITY MANAGER (847-810-3680) The original lease agreement #86807 signed in 1980 between the City of Lake Forest and the Union Pacific is set to expire August 31, 2010. For approximately two years City staff and Union Pacific Officials have attempted to renegotiate the lease. As of June 30, 2010, both parties have not agreed to the final terms of the renewal lease, however, the parties have agreed to an extension of the lease for the term of one additional year, commencing on September 1, 2010 and terminating on August 31, 2011, subject to certain additional amended terms. The letter on page 113 of your packet is intended to memorialize the extension. Recommended Action: Approve the lease extension between the City and the Union Pacific commencing on September 1, 2010 and terminating on August 21, 2011. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION FOR PURPOSES OF DISCUSSING POSSIBLE LAND DISPOSITION AND ACQUISITION ADJOURNMENT 11:15 p.m. Office of the City Manager July 16, 2010 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. July 19, 2010 Agenda Page 20