PUBLIC WORKS COMMITTEE 2017/01/04 MinutesPUBLIC WORKS COMMITTEE MEETING
WEDNESDAY, JANUARY 4, 2017 – 6:00 P.M.
MUNCIPAL SERVICES – THE TRAINING ROOM
MINUTES
I. ROLL CALL/CALL TO ORDER
Chairman Cathy Waldeck called the meeting to order at 7:00 P.M. Aldermen
Michelle Moreno, Timothy Newman, and Stanford Tack were in attendance.
Staff in attendance included Michael Thomas, Director of Public Works; Bob Kiely,
City Manager; Bob Ells, Superintendent of Engineering; Mike Strong, Assistant to
the City Manager; Bernard Pondexter, Engineering Assistant and Jim Lockefeer,
Management Analyst.
Also in attendance was Ray Buschman, Fourth Ward Alderman; Dan Strahan,
City Engineer; resident Zachary Eleveld of 1137 Winwood Drive; resident Eric
Cooper of 1240 Winwood Drive; resident Mary McMahan of 1190 Winwood,
resident Edward Brooks of 1262 Winwood Drive; residents Karen Noonan and
Claire Martin of 1111 Winwood Drive; residents John Rowan and Annette Carroll
of 1251 Winwood Drive; residents Matthew and Joseph Kut of 1255 Winwood
Drive; residents Robie, Susan, and Mike Briggs of 1106 Winwood Drive, resident
Bob Geldermann of 1134 Winwood Drive; residents Mia and John Reilly of 1225
Winwood Drive; residents Maxim, Katherine, Gennadly and Natalie Gorelik of
1220 Winwood drive, residents Bonnie and Leonard Saltzman of 1189 Winwood
Drive; residents Andrew and Jessica Twyman of 1161 Winwood Drive; resident
Stephen Skobel of 1055 Winwood Drive; resident Constantine Loghinov of 1270
Winwood Drive and residents Dorota Bednarczyk and Tom Kaczmarski of 1088
Winwood Drive.
II. APPROVAL OF THE DECEMBER 5, 2016 PUBLIC WORKS COMMITTEE MEETING
MINUTES
Chairman Waldeck moved to approve the December 5, 2016 Public Works
Committee meeting minutes. Alderman Newman seconded the motion, which
carried unanimously.
III. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF WINWOOD’S SANITARY
SEWER PROJECT APPROACH: NOT PROCEED, SINGLE SSA, RECAPTURE, CODE
AMENDMENTS
Assistant to the City Manager, Mike Strong, began by explaining the purpose of
tonight’s meeting. He explained that the meeting is being held in response to
questions proposed by Winwood property owners during the public hearing that
took place at the December 5, 2016 City Council Meeting. Assistant to the City
Manager Strong explained the main questions being raised were the following;
what is the City’s current sanitary sewer policy and how will the City proceed
with the non-sanitary sewer properties. He then explained the history of sanitary
sewer installations in the City. Assistant to the City Manager Strong stated that
the City has been utilizing special assessments or special service areas (SSAs) to
install sanitary sewers in non-sanitary sewer areas throughout the community
since 1922. He explained that since 1996 there have been seven SSAs that have
been approved which installed sanitary sewers providing sewer access to 88
properties collectively. Assistant to the City Manager Strong then reviewed the
total number of properties with a septic system. He explained that there are a
total of 115 properties that are still on septic and that they are grouped into
three categories. He stated the three categories which are accessible
properties, adjacent properties and isolated properties, as well as the description
and criteria of each. Assistant to the City Manager Strong explained that
Winwood drive made up 21 of the 28 properties in the isolated property
category.
Alderman Tack asked how many properties within the proposed Winwood SSA
area fell into the categories of accessible properties and adjacent properties.
Assistant to the City Manager Strong explained that six properties would fall into
the adjacent property category and one would be considered an accessible
property. Alderman Tack then inquired about the City code and if these
properties were required to connect within six months, why haven’t they already
done so. Director Mike Thomas explained that after the Winwood Area was
investigated it was determined that some of the septics had overflows tied to
storm sewer. That is what pushed staff to look to initiating this SSA project,
knowing that there was City code that supported it. However, in the past the
code had not been enforced. Alderman Tack asked if there was a philosophical
reason why the code had not been enforced. Director Thomas explained that
these septics were allowed to exist because it had not been a high priority and
current staff were unaware of the overflow connections to the storm sewer. He
added that combined with the recent investigation of lead service lines and the
water shut off boxes, that they are all a part of City infrastructure that need to be
updated. Chairman Waldeck explained that part of the discussion the
Committee needed to have is about the code and its enforcement. Alderman
Tack explained that enforcement of the code was something that had fallen
through the cracks. He explained that now properties that are in violation of the
code will be notified. Assistant to the City Manager Mike Strong explained that
when there is a new development and a sanitary sewer is being extended,
letters and notification are sent to properties that may fall into the three
categories. These letters explain the code and the requirement to connect in a
certain period of time. Assistant to the City Manager Strong explained that there
has been effort to chip away at the properties on septic, using the code as
enforcement. There are approximately 7,200 properties in the City and a very
small percentage are on septic. Alderman Newman inquired if the 28 properties
in Winwood were the largest cluster of properties left in the City that were still on
septic, and if from an efficiency standpoint, if this was the reason they were next
on the list to focus on to move off septic. Assistant to the City Manager Strong
stated he was correct. Alderman Moreno asked if there was going to be
discussion later on the penalties for noncompliance of the code. Director
Thomas explained it could be discussed this evening but no materials had been
prepared for that discussion tonight. Alderman Moreno explained that if the City
has laws and codes that they should be enforced.
Director Thomas explained that out of the 28 properties, 27 of those were
examined by City Water and Sewer personnel. Eight of those properties had
effluent coming out of the septic system. These eight properties are tied to the
storm sewer system. If the system is maintained, there is a filtration process that
the water moves through before it enters the storm sewer. The County has four of
those eight noted in their list of septics with overflows and they are inspected
twice a year. Seven properties, not related to the eight with effluent, are
adjacent to a sanitary sewer and are within that 500 foot limit outlined in the City
code. Chairman Waldeck inquired about the eight properties with cross
connections and if at that point in time when the septics were installed if that
was allowed. Director Thomas explained that it was allowed. Chairman Waldeck
inquired if that would be allowed today. Director Thomas stated that it would not
be allowed. He explained that there are 102 properties within Lake County that
have their overflows tied to a storm sewer, lake, stream, creek, or river; eight of
them in Lake Forest, that have been grandfathered in with the assumption that
over time the septic system would be replaced or a sanitary sewer would be
installed. Chairman Waldeck explained she was not comfortable with the
County’s monitoring and that the cross contamination is very concerning.
Alderman Moreno inquired about storm sewers and where the flows end up.
Director Thomas explained that for the Winwood area specifically, the storm
sewer heads north to Gage Lane. It then heads east and hooks into the creek
that is adjacent to the City’s Public Safety Building. Alderman Tack added that
there are currently seven properties within the Winwood SSA area that currently
are accessible to sanitary sewer and that one of those properties is cross
connected with storm sewer. Alderman Moreno explained that if bacteria is
found in a test it could be from a one-off type of situation. Director Thomas
explained that when the County tests, they test twice a year. If one does come
back positive they will work with the homeowner to help them make sure there
filtering system is working properly. Assistant to the City Manager Strong
explained that there are those properties that are within 500 feet of sanitary
sewer. He explained that under current City code these properties would be
required to connect to sanitary sewer. After those properties connected it would
trigger a second group of properties in Winwood to be within 500 feet of sanitary
sewer. They would then be required to connect. This would continue for an
additional two groups (four total) until the entire Winwood subdivision was
connected to sanitary sewer. This phased approach significantly increases costs
as it would not be as efficient as completing the construction for all the
properties at once. There also would be additional construction concerns as
there would be ongoing construction in the neighborhood for seven to ten years.
Both time and money could be saved through an SSA project. Alderman Tack
explained that if the phased approach is taken and the code is enforced, then
the other sanitary sewer accessible properties would also have to connect.
Chairman Waldeck inquired about the process if the code was to be enforced
and the seven properties were required to connect. Assistant to the City
Manager Strong explained the City could help with a “private” recapture
process for the homeowners to work with one another on. Alderman Tack
explained that he saw difficultly with a home that may be on septic that is
surrounded by homes connected with sanitary sewer. That home should be on
septic and the modern code supports that. Assistant to the City Manager Mike
Strong explained that having a strategy to bring all the septic properties to
sanitary sewer would mean enforcing the code. The code would ultimately
achieve that strategy. Director Thomas explained that the code currently does
not state any requirements that require the City to be involved. The code is
straightforward: If a property is within 500 feet of an existing sanitary sewer that
property must connect within six months. Alderman Newman inquired about the
cost between the phasing approaches versus the neighborhood SSA for
Winwood neighbors. Assistant to the City Manager Mike Strong explained that
the costs for the phasing approach were estimated at $1.9 million dollars versus
the SSA which was estimated at $1.3 million dollars. Each project would require its
own bidding and mobilization. Alderman Newman then asked how long have
the seven properties in Winwood have had access to the sanitary sewer.
Assistant to the City Manager Strong stated for about ten years. He explained
that residents were notified but there was no active enforcement of the code by
the City. Michelle Moreno inquired about timing and the SSA payback period.
Director Thomas explained that the payback period is 20 years. When a home’s
septic fails they would then be required to connect. Once the septic fails the
City or County would not issue a permit for a new septic or for septic repairs.
Alderman Newman explained that cost for the new sanitary line would be
shared amongst the properties within the SSA and the cost to connect from the
stub of the line to the home would then be the homeowner’s cost individually.
Alderman Moreno inquired about the 20 year payback period and if that could
be extended. City Manager Kiely explained that he believed it is restricted by
Illinois Law to 20 years. He added that would be confirmed by the City Attorney.
Alderman Newman inquired if the interest rate is fixed. City Manager Kiely
explained that typically the interest rates are fixed. Alderman Tack inquired
about each group in the phasing approach having its own SSA. Director Thomas
explained that each project could potentially have its own SSA. Chairman
Waldeck explained she would be concerned with this approach because of
timing and the potential for objections in some groups and not the others.
Assistant to the City Manager Strong then reviewed the different approaches the
Committee has discussed at prior meetings. He explained that one approach
could be to do nothing. There are staff concerns with this approach because of
the cross connections and the effluent that has been found. Assistant to the City
Manager Strong then explained the SSA approach. The City has proposed the
SSA ordinance for Winwood and has held the public hearing. Currently it is in the
objection period and that will expire on February 4, 2016. The third option is
recapture. He explained that this approach had already been discussed. The
financial consideration of this approach can be very severe as it would require
the resident to pay their fair share at one time. In the past the Committee had
expressed concerns with this approach. The fourth option would be to clarify City
code to reflect future connection requirements. He explained that the code
could be updated to include triggers that would explain cases for when
properties within 500 feet would be required to connect. He explained the
proposed triggers for this option could be if a property has a confirmed cross
connection to a storm sewer and the septic system is in need of a major repair or
replacement; there is demolition and new development on the site; or if an
addition or alteration is proposed on the site that increases square footage of
home by more than 1,000 sq. ft. Chairman Waldeck explained that Committee
voted for the proposing ordinance and has already stated the preference for
the SSA option. She explained that the question needing to be addressed is that
if there were a majority of objectors of the SSA, what would the Committee’s
response be. Assistant to the City Manager Strong then explained that there
were some other additional considerations for the Committee to consider. He
explained it has been discussed that a statement or covenant recorded against
all accessible, adjacent, and isolated properties should be included in City
records. He also explained that it has been discussed by the Committee to
consider economic hardship or unusual and compelling circumstance process
for requesting exemptions from future requirements to connect. He then
explained permitting for repair, alteration, addition and/or replacement of septic
systems in the City. He added that the City could be a stronger partner with the
County in the permitting process. Chairman Waldeck explained that she was not
in favor of the “do nothing” option and that it was not a viable option. Alderman
Moreno agreed. She explained that being a resident meant being part of the
community. She explained that there are codes and laws for a reason and that
there are sanitary requirements for a reason. There needs to be a solution.
Alderman Newman stated that something needed to be done. The code would
have to be removed in order to do nothing. He explained that would run
counter to the way the direction of modern sanitation has gone. Alderman Tack
explained the current City Council did not create the sanitary sewer code. It has
been established and by unintentional neglect that the code had been not
enforced. If it had been, those seven properties within Winwood would have
already connected. Therefore, it would not make sense to change the code
due to this unusual circumstance. He said that at some point the code does
need to be enforced. He explained that it would then make the most sense to
complete this area in the most cost effective way. If the SSA is objected by the
majority then it would fall into a recapture if the code is unchanged. Chairman
Waldeck explained that she did not believe in changing the code or law for a
small group of people. She explained laws and code are there for the good of
the community. Alderman Newman inquired what would happen if 51%
objections were achieved for the Winwood SSA. Chairman Waldeck explained
there would be no SSA. Assistant to the City Manager Strong added that if a 51%
majority objection is made that would terminate the SSA. Chairman Waldeck
explained a recapture could then be pursued. She explained the question the
neighbors have is what insight the Committee can provide as to what would
happen next if the SSA is objected. Alderman Newman explained that if the SSA
is terminated that the code would still ultimately require connection. However, it
would be more burdensome financially to undergo a recapture. The code would
not change based on the Winwood neighbors objecting the SSA. Director
Thomas explained a recapture and that the City would fund the project but at
time of property connection the property would have to pay their fair share all at
once. Chairman Waldeck explained that if this were to happen homes on the
market would need to disclose that recapture on the property. Alderman Tack
inquired about the interest of the recapture and how the total cost would look if
a homeowner connected year one versus ten years out. Assistant to the City
Manager Strong explained that depends on how the recapture is structured.
Alderman Moreno explained the real question is if the residents object the SSA
would a sanitary sewer still be put in. Alderman Newman explained that they
would be obligated by the code to do so. City Manager Kiely clarified that what
he believes the staff is hearing from the Committee that the staff, the City, will
enforce the code. If that approach is going to be taken and if the SSA is
objected then in relatively short period of time those seven properties within the
Winwood SSA would be issued a letter, pursuant to the code, that they will be
required to connect within six months. An SSA could then be formed for those
seven properties only if there is an understanding that the properties are on
board and it would pass the objection period. After that sewer is installed the
second section in Winwood, now within 500 feet of sanitary sewer, would then
receive notification and would go through a similar process. This would continue
until all the properties on Winwood were on sanitary sewer. A letter would also be
sent to the other 85 properties within 500 feet of sanitary sewer. He explained
that to say these properties will be on septic forever is not an option. At some
point in time the properties will be moved from septic to sanitary. Alderman
Moreno explained that this trend from septic to sanitary is occurring in other
communities. She explained that her parents had gone through a similar process
in Bannockburn, connecting to sanitary sewer even though they had a perfectly
fine septic system. Chairman Waldeck explained that if 51% objected that a
sanitary sewer would be installed through the phasing approach or by
recapture. City Manager Kiely explained that it could be done one of three
ways; SSA, recapture, or one of those seven properties would have to pay for the
entire sanitary sewer and then they would have to form a recapture with the six
other properties. That individual property would need to front end the money.
The SSA option has been the most utilized option as it is the least burdensome
financially. Alderman Tack explained that the code will be enforced. He
explained that he did not believe the council would vote to change the code.
The Committee was in agreement. Director Thomas requested a motion be
made by the Committee. Alderman Moreno explained that a motion was not
needed because the code exists and the Committee is directing staff to enforce
the code. Chairman Waldeck explained that the Committee would make their
recommendation to the City Council for January 17, 2017 meeting.
IV. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF WINWOOD SANITARY COST
CONSIDERATIONS: COMPLETE RESURFACING OR SPOT ASPHALT PATCHING
Director Thomas explained that one of the discussion items back in July and
August, 2016 with the Winwood residents was explaining how the construction
will work and the impact it will have on Winwood Drive and the private Drive.
Included in intail cost estimates was that the resurfacing of the street and private
drive would be included in the SSA. Director Thomas explained that this could be
modified. He presented first option A which he explained is to patch only. Patch
only is a $40,000 expense and is part of the SSA. Option B is patch and
resurfacing which is an additional $88,000 expense and it would also be a part of
the SSA. He explained that patchwork must be done. He then reviewed pictures
of patches versus resurfacing. Director Thomas explained that in the past SSAs
that the expense of the private drive was a part of the SSA. Director Thomas then
reviewed the cost estimate impacts if the SSA included resurfacing versus no
resurfacing. The annual estimated cost with resurfacing per property is $3,321.
The annual cost without resurfacing per property is $3,089. Alderman Tack
inquired about where Winwood rates to other streets in terms of the street
resurfacing program. Director Thomas explained that every three years the
streets in the City are analyzed and given a grade. Winwood’s score was in the
high 60s. That street would be up for resurfacing in an estaimated five to seven
years. There any many streets in the City that are in far worse shape than
Winwood. Alderman Tack inquired about the effect patching would have on the
rating of Winwood Drive. Director Thomas stated that it would lower the rating.
Alderman Tack explained that it would make sense then to move Winwood Drive
up in program and resurface the street at the City’s expense for the SSA project.
Chairman Waldeck agreed with that approach and added that the private
road should still be included in the SSA and at the homeowners‘ expense.
Direcctor Thomas clarified that the Committee was in support of the cost of the
private drive resurfacing being included in the SSA and the cost to resurface
Winwood not to be included in the SSA. The City would pay to resurface
Winwood. Chairman Waldeck explained that is the Committee’s
recommendation to City Council.
V. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF A HARDSHIP WAIVER
PROCESS FOR THE SANITARY SEWER ORDINANCE
Chairman Waldeck explained that a Winwood property owner recently
attended a Public Works Committee and explained that their property is very
unique.
Assistant to the City Manager Strong explained that there was code language
presented to the Committee at the December 5, 2016 meeting. He explained
that the language presented to the Committee tonight has been simplified.
Essentially it sets forth an exemption process. It would lay out the application
procedure and process. The Committee would consider the following; is the
existing system functioning properly? Is there record of that system functioning
properly? Is the property within 500 feet of sanitary sewer? Assistant to the City
Manager Strong explained that site conditions will also have to be considered. A
lot of the standards set forth in the process have been modeled after the zoning
variation process to be in line with existing code. It will also allow each case to
be examined by a case by case basis. Assistant to the City Manager Strong
explained the exemption shall expire upon the following conditions; if there is
subdivision on the premise, its determined if septic is no longer a viable option; if
there is redevelopment or demolition the property. He explained that this
language had been highlighted in the Committee’s packets. Ultimately the
language drafted for the December 5, 2016 Public Works Committee meeting
has been condensed. Chairman Waldeck explained that having a process to
review hardships on a case by case basis was important. Chairman Waldeck
inquired about the process and if the hardship would first be reviewed by the
Public Works Committee and then the recommendation would then be sent to
City Council for review and approval. Assistant to the City Manager Strong
explained that she was correct and that staff had envisioned the process to be
this way. He explained that the application would highlight the materials the
applicant would need to provide. These materials would be reviewed by staff
and a recommendation would then be prepared for the Public Works
Committee meeting. The Public Works Committee would then review the
materials and the staff recommendation and provide their recommendation to
City Council for review. Alderman Moreno believed that an expiration of
hardship and request for extension of hardship should be included in the City’s
process. She explained that if a property is granted hardship that the County
would also need to provide the City with certificates that show the septic system
is functioning properly every six months. Assistant to the City Manager Strong also
explained that there also needs to be some language that explains how the
granted hardship would be effected if the sale of the property occurs. Alderman
Tack suggested that if a property is granted exemption that the exemption is
terminated with the transfer of the property. Chairman Waldeck stated that the
Committee was in agreement and that the Committee is recommending the
hardship waiver process to City Council.
Chairman Waldeck explained that the Committee would now take questions
from the residents attending tonight’s meeting. Stephen Skobel of 1055 Winwood
Drive explained that he approached the public works department ten years ago
about hooking up to the sanitary sewer that had recently been installed on
Waukegan Road. He explained that Public Works staff dissuaded him from
pursuing the project. He also explained that he thought the process lacked
participation from the neighbors and that the decision was already a done deal.
Alderman Waldeck explained that there have been many meetings on the
Winwood SSA. There have been both neighborhood meetings and Public Works
Committee meetings where the topic has been discussed. She explained that at
the last City Council meeting the question was posed about what the Council
would do if the SSA was objected to. At that time that question could not be
answered. The purpose of tonight’s meeting is to try to provide the answer to
that question. As a Committee, that scenario had never been discussed before
tonight. Alderman Tack explained that until he received the meeting materials
for tonight’s meeting he was not aware of the situation with the properties within
the Winwood SSA that were currently not in compliance of the code. He
explained that changed his thought process entirely. The only other option is to
change the code and the statistics that show the amount of properties on septic
versus the number on sanitary sewer does not support that. He explained that
the negligence that existed is unfortunate but it was benign and not hostile.
Alderman Newman explained that the situation is difficult. There are eight
properties that are spilling effluent into the storm system. There is a responsibility
of the Committee to ensure the health and safety of the community as a whole.
An all at once SSA is going to be least burdensome approach financially on the
Winwood residents. He explained by serendipity it has taken the City ten years to
get to the Winwood subdivision and that septic system is a 19th century
technology. Sooner or later the entire City will be on sanitary sewer. Chairman
Waldeck explained that the Committee is trying to provide the neighbors with as
much information as possible.
Leonard Saltzman of 1189 Winwood Drive inquired about the hardship process
and how the total cost of the project would be effected if two hardships were
granted on two of the 28 properties in Winwood. Chairman Waldeck explained
that assuming that there would be two hardships within the 28 properties would
be a large assumption. She explained that hardships are very rare and unusual.
Assistant to the City Manager Mike Strong explained that at this point in time an
exemption has not been considered for any property in the Winwood SSA. Mr.
Saltzman added that he believed that there are enough signatures for the SSA to
be successfully objected to. He explained he did not understand why Winwood
was being targeted when there were many other properties in the City still on
septic. He also explained that septic systems are perfectly modern functioning
systems that work as well as a sanitary sewers. He also stated that he did not
understand why the City code could not be changed. Alderman Moreno
explained that in her opinion septic was not the best alternative to sanitary sewer
because it falls onto the property owner to maintain it to ensure that it is not
malfunctioning. She explained that most people will maintain their septics.
However, there is great concern for those people that don’t. Mr. Saltzman
explained that he didn’t have enough information in regards to the cost of the
project to make an informed decision.
Edward Brooks of 1262 Winwood explained that public record would show that
improvements were done on Waukegan and residents were invited to vote on
this and they turned it down. He explained he had not found anything anywhere
that states a public sewer system is superior to a properly maintained septic
system. He explained that a significant expense was being forced upon the
neighbors. Alderman Moreno explained that the issue is if the septic system is well
maintained or not. She explained that it is much easier to ensure the quality of
the system run by the City versus an individual septic system. Mr Brooks
responded by saying the septics should be tested regularly.
Andrew Twyman of 1161 Winwood Drive explained that septic sand filter systems
pushing effluent into the storm sewer is not accurate. The septic systems have
sand filters that properly filter any effluent before that overflow makes it to the
storm sewer system. There would be way more pollution from regular runoff than
a properly maintained septic sand filter system. If there is an issue with septics
they should be inspected. If they are maintained properly there is no issue. He
inquired that if the neighbors have this responsibility to the community why are
they the only ones paying for this project. Chairman Waldeck explained that
they weren’t the only ones paying as there have been seven other areas before
Winwood who have gone through this process. Mr. Twyman inquired about the
number of properties in those areas that have since connected to the sanitary
sewer. Director Thomas explained that he did not have the exact number but in
the Saunders subdivision the majority of the properties have, in the Knollwood
subdivision the majority have, and in the most recent regency subdivision there
have only been a few. Mr. Twyman inquired about the 60 properties that were in
500 feet of accessible sewer and when notification was sent to them to connect.
He explained that it would be easier to go after those properties first. Alderman
Moreno explained that the code has not been enforced and that has been a
failure. The City is taking corrective action to address that. City Manager Kiely
explained that if you look at the history the City has gone after the “low hanging
fruit” first. The City has worked with the subdivisions on septic because there is a
tool that can help to bring the cost down. Those 60 properties are individual lots
and will not be eligible for SSAs. It was simply a matter of everyone needs to be in
compliance and what is the most efficient method for the staff to implement this
and enforce it over time. Winwood is the last neighborhood that are eligible for
the SSA. The SSA can be turned down but what is being heard tonight is that the
code will most likely not be changed and it will be enforced. Chairman Waldeck
explained that she understood that this is not the answer the group was looking
for, however, the Committee is trying to provide the Winwood neighbors with as
much information as possible. She explained that there was no decision made
before tonight. Mr. Twyman inquired if tonight’s recommendation was going
through regardless. Aldermen Tack explained the Committee’s recommendation
will go to City Council. The entire City Council will decide if the code will be
enforced as written. Alderman Tack explained that it will come down to City
Council changing the code for this small group of people or the code remaining
unchanged and enforced. He explained that he understood why the Winwood
neighbors did not want code to be enforced but the Council has to make that
decision. All of the 115 properties on septic will eventually get a letter as the
code is enforced, the code applies to all the properties not just the 28 in
Winwood. Alderman Tack clarified that the Committee is in agreement that they
will recommend enforcing the code as it exists. The City Council will review that
recommendation and then make a decision.
Edward Brooks of 1262 Winwood stated that the question is if this is a
neighborhood problem or if the problem is with the code. He explained other
communities allow septics if they are located in low density areas. Other
communities with high density areas are mandated to be on sewer. Alderman
Tack explained that there are communities that allow septic and there are
mixed communities that utilize septic and sanitary sewer. He explained that the
City made a code numerous years ago that said we will not be a mixed
community. As the City developed, residents have been expected to connect
to sanitary sewer. Mr. Brooks explained that the code should be revisited.
Alderman Tack explained that any code revisions would be made by the City
Council and a decision will be made if the code should be undone or if the
code will be reinforced at the next City Council meeting. Leonard Saltzman of
1189 Winwood Drive explained that this code was made a long time ago and
that the current City Council had no part in adopting it. He explained that they
should revisit the code. He also explained that he was not comfortable with the
current process that the City was utilizing to get these septic properties on
sanitary sewer. He explained all 115 properties should be going through the
process at once. Alderman Newman explained that from an efficiency
standpoint, this is the last cluster of properties still on septic. Everything after that is
more isolated. There are more than 7,000 homes in Lake Forest and the City is
now down to these last 115 properties that are still on septic. He explained that
City employee levels are down to 1990s levels and that there are only so many
resources that can be dedicated to this project. Chairman Waldeck explained
the Committee’s recommendation will be discussed by the full City Council at
the January 17 City Council meeting. The Council may disagree with the
recommendation but at this point the Committee is just trying to provide the
Winwood residents with as much information as they can. Tom Kaczmarski of
1088 Winwood Drive explained he believed that the easiest properties to go
after are the 60 that are already within 500 feet of a sanitary sewer. He explained
that this project will be expensive and a burden for many property owners.
Alderman Moreno explained that the Committee sees the SSA as a funding
mechanism that gives property owners some breathing room and time. She
explained that she understands that many of the Winwood neighbors want the
code to be changed. She stated that she is highly reluctant to change the
code. Eric Cooper of 1240 Winwood Drive stated that the reason the City did not
enforce the code for so long is because it is irrelevant. Alderman Moreno
explained that was not correct. Tom Kaczmarski of 1088 Winwood Drive
explained that he had plumbers come out to review his property. They explained
to him that there is no physical way to connect to the sanitary sewer and comply
with the engineering standards. Alderman Moreno explained that she recalled a
lot of the detail was shared with her regarding his property and specific situation.
Mr. Kaczmarski explained that he liked sanitary sewers and thought they were
good technology, however, sanitary sewers are very expensive and may not be
feasible for some properties. He explained that as properties are developed that
is the best time to extend sanitary sewer and homeowners would most likely want
that. Alderman Moreno thanked Mr. Kaczmarski for his comments.
Zachary Eleveld of 1137 Winwood Drive inquired about other things engineering
can do for Winwood residents to somehow minimize the cost of their project and
if there is anything that can be done to help residents budget for the project.
Alderman Moreno requested that staff update the “Total Properties with a Septic
System” slide to show more detail. Alderman Moreno explained that she would
not be in support of taking on and funding individual lots and their costs.
Chairman Waldeck inquired about two houses connecting to the sanitary sewer
at the same time and if savings could be realized there. Director Thomas
explained that the cheapest cost would most likely be realized by using the
contractor that is on site. If that contractor has completed the project and
moved on, then the next best thing would be for those neighbors to band
together to hire one contractor. Eric Cooper of 1240 Winwood Drive inquired
about the requirements for evaluating bids. Professional Engineer, Dan Strahan,
explained that they would ensure the contract passes standards to make sure
the contractor is qualified. The bids will be reviewed and the work will be
awarded to the lowest qualified contractor.
A resident who did not provide his name, inquired about the neighborhood not
having curbs and street lights and if that would then be considered a public
safety issue like the septic systems. Chairman Waldeck explained she did not
have curbs at her residence either and did not consider that a safety issue.
Director Thomas explained the City’s policy is to maintain existing curbs and
streets lights. The expense to put in brand new curbs or street lights would fall on
the residents. Chairman Waldeck explained that there have been situations over
the years when residents have put in new curbs or street lights. They would all get
together and they would all agree that it was something that they wanted. They
would then pay for that project.
Chairman Waldeck explained that the question posed by the Winwood SSA
group in regards to what would happen if the SSA was objected had never been
asked for prior SSA projects. The purpose of tonight’s meeting was to try to
answer that question. Alderman Moreno stated that there may be a “bridge” to
helping this situation. She explained that there may be a way for those in the
compliance state of the code to be given more time. If the SSA is voted down a
code amendment could be discussed and reviewed by City Council. An idea
that might be helpful is that once those non-compliant properties are hooked up
to sanitary sewer and notice is sent to the next wave of properties within 500 feet
that the notice refers to a time, either months or years, when they would be
required to connect to the sanitary sewer. She felt that with so many years of
non-compliance going unenforced that requiring connection within six months
isn’t reasonable. She requested that if anyone of the Winwood residents have
other ideas to please voice them. Alderman Moreno explained that the
Committee may not choose to support that idea. Tom Kaczmarski of 1088
Winwood Drive explained that he was the homeowner of one of the seven
properties that was within 500 feet of sanitary sewer. He explained that he
believed his property would be the poster child for the hardship waiver process.
Constantine Loghinov of 1270 Winwood Drive inquired if a decision had already
been made because of the motion made earlier. Alderman Moreno explained
that a motion was not made because that is something the City Council needs
to vote on. Chairman Waldeck explained that this was not a predetermined
recommendation nor was it previously discussed by the Public Works Committee
members. Chairman Waldeck explained that the Committee makes
recommendations to City Council.
Tom Kaczmarski of 1088 Winwood Drive explained that the process from the start
should have been more collaborative to include input from the Winwood
residents. He explained that early on he was never sure who was making the final
decision, City Staff, the Public Works Committee, or City Council. Chairman
Waldeck explained the Committee meets once a month and it is open to the
public. The agenda is posted in City buildings and online. Mr. Kaczmarski
explained that he does not have the time to read all the notices and attend
every meeting. He explained that if an item specific to a neighborhood is going
to be discussed then residents in that neighborhood should be invited.
Resident Maxim Gorelik of 1220 Winwood inquired about the City wanting
residents to pay for a pipe that will be put in on a public street. City Manager
Kiely explained that it is because that is part of infrastructure that does not
currently exist to service the Winwood properties specifically. City Manager Kiely
explained that Director Thomas could explain that further to Mr. Gorelik after the
meeting.
A resident who did not provide his name nor address, explained that he feared
that at the January 17 City Council meeting that Alderman Moreno’s “bridge”
idea she proposed will not be discussed. He inquired if her statements will be
discussed and reviewed by City Council. Alderman Moreno directed staff to
consider some alternatives, dealing with the code that would enable the
subdivision to comply over a longer period of time. She requested that it be
added to the City Council agenda. Alderman Moreno explained that if anyone
had any additional suggestions to please contact her and Director Thomas.
Chairman Waldeck explained the next City Council meeting will be January 17,
2017 and it is open to the public.
John Rowan of 1251 Winwood Drive inquired about why the existing sanitary
sewer would need to be extended to the homes outside the 500 feet code
requirement. Alderman Moreno explained that as soon as the sanitary is installed
for those homes within 500 feet of sanitary sewer, a new buffer zone would be
created and enforced. City Manager Kiely explained since day one City staff
and the Committee has been open and willing to take any suggestions from the
neighbors in Winwood. City Manager Kiely explained that a Winwood resident
does not have to connect to the sanitary sewer immediately if they have a
properly functioning septic system. However, those properties are still required to
pay their fair share for when they do need to connect. He explained that the
City is not looking for homeowners to go all in and pay the full amounts of the
sanitary sewer installation and connection fees at one point in time (a
recapture). City Manager Kiely then explained via the Winwood map on display
where and how the sanitary sewer would be extended.
Chairman Waldeck explained that if there were no more questions the
Committee would be moving on to the last item on the agenda.
VI. UPDATE ON SECURING THE WINWOOD SANITARY SEWER PROJECT EASEMENTS
Assistant to the City Manager Mike Strong informed the Committee that the City
has obtained two of the three necessary easements for the proposed Winwood
sanitary sewer project.
VII. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF THE CONSTRUCTION
ENGINEERING AGREEMENT FOR INTERIOR WORK AT THE EAST SIDE TRAIN STATION
Assistant to the City Manager Mike Strong explained that over the past few years
the City has been undergoing extensive renovation at the East Side Train Station.
This past fall the exterior restoration was completed. All this work was funded
through a grant that the City received through the Illinois Transportation
Enhancement Program. The final stage of the project is interior improvements.
Per the Illinois Transportation Enhancement Program, the City is required to
approve a resolution that would commit funds to the final interior stage of the
project. Assistant to the City Manager Strong explained that plans have been
finalized for restoration of the bathrooms located inside the station. The plans are
in for review by IDOT to be approved for bidding. He explained that he hopes
that it will be approved for bidding in March. As part of the approval process the
City needs an engineer on the project that is certified with IDOT documentation.
He explained that City staff has received quotes from firms and that they have
been included in the packet. The lowest quote was received by GeWalt
Hamilton. Staff is recommending to waive the formal RFP process and authorize
the City to engage in a contract with GeWalt Hamilton for phase three of the
project. Their cost of proposal is the least and they are familiar with the project as
they completed the exterior engineering work. Also included in the packet is a
local agency agreement that the City is required to engage in. This is all a
package that IDOT requires at this stage. This does not commit any construction
costs at this time. Chairman Waldeck explained that the Committee agrees with
staff’s recommendation for the construction engineering agreement for interior
work at the east side train station.
VIII. NEXT MEETING-JANUARY 17, 2017 5 P.M. - CITY HALL
Director Thomas explained that at the next Public Works Committee Meeting the
Committee will hear appeal(s) in regards to the sanitary sewer hardship waiver
process. He explained that on February 6, 2017 it will have to be stated how
many properties are included in the SSA. That will be based upon the number of
hardships granted. Chairman Waldeck explained that anyone applying for the
hardship waivers would have to submit their materials to staff on January 13,
2017 so that it can be included in the January 17, 2017 meeting packet. Director
Thomas explained the code modification and the appeal to the hardship
process would be on the City Council agenda that evening. If the Committee
decides to not be in favor of code modifications, Chairman Waldeck would be
asked to pull that item off the City Council agenda when the City Council
Meeting begins. If the Committee denies the appeal for the hardship, Chairman
Waldeck would also need to request to remove that from the City Council
agenda. Superintendent of Engineering, Bob Ells, inquired about letting the
residents know about the timing of applying for the hardship process. Director
Thomas explained that could be done via letter. City Manager Kiely explained
that staff will need to know the number of lots that will be included in the SSA
before the objection period closes. He explained that all the property owners
within the SSA should be sent a letter that recaps tonight’s meeting and includes
the dates discussed. The letter will also explain that the Committee tentatively
approved the concept of a hardship waiver process and what they will need to
do in order to apply for the process.
IX. ADJOURNMENT
Chairman Waldeck moved to adjourn the meeting of the Public Works
Committee at 9:55 P.M. Alderman Moreno seconded the motion, which carried
unanimously.
Respectfully submitted,
Jim Lockefeer Jr.
Management Analyst