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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