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PUBLIC WORKS COMMITTEE 2017/03/15 MinutesPUBLIC WORKS COMMITTEE MEETING WEDNESDAY, MARCH 15, 2017 – 6:00 P.M. CITY HALL – UPSTAIRS CONFERENCE ROOM I. ROLL CALL/CALL TO ORDER Chairman Cathy Waldeck called the meeting to order at 6:00 P.M. Aldermen Michelle Moreno and Timothy Newman were present. Not in Attendance: Alderman Stanford Tack Staff in attendance included Michael Thomas, Director of Public Works; Bob Kiely, City Manager; Dan Martin, Superintendent of Public Works; Bob Ells, Superintendent of Engineering; Mike Strong, Assistant to the City Manager; Cathy Czerniak, Director of Community Development; Elizabeth Holleb, Director of Finance; Victor Fillippini, City Attorney; and Jim Lockefeer, Management Analyst. Also in attendance was Mike Bleck, Vic e President of Bleck Engineering; resident Zachary Eleveld of 1137 Winwood Drive; Susan Briggs of 1106 Winwood Drive; Andrew Twyman of 1161 Winwood Drive; and Residents Dorota Bednar czyk and Tom Kaczmarski of 1088 Winwood Drive. II. APPROVAL OF THE JANUARY 17, 2017 PUBLIC WORKS COMMITTEE MEETING MINUTES Alderman Moreno moved to approve the January 17, 2017 Public Works Committee meeting minutes. Chairman Waldeck seconded the motion, which carried unanimously. III. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF THE BLUFF STABILITY ANALYSIS WORKGROUP’S RECOMMENDATION – MICHAEL THOMAS Director Michael Thomas explained that the Workgroup met three separate times. He explained that back on December 5, 2016, City Council approved an agreement with AECOM to conduct further analysis of the entire Forest Park bluff system. The direction of the City Council was to explore the entire area and potentially incorporate all of the construction needs into one project design. He explained the Workgroup was put together to review AECOM’s analysis and that the Workgroup consisted of Chairman Waldeck, Alderman Beidler, Director Thomas and various residents. Director Thomas explained that Mike Bleck, in attendance tonight, was also a member of the Workgroup. Director Thomas explained the Workgroup’s first meeting was focused on bringing the Workgroup up to speed on both past and current challenges in the area. The proposed budget of $1.4-$1.6 million to repair the S. Beach Access Road was also reviewed. He explained that at the first meeting the Workgroup recommended a different option that AECOM should explore. This option was to lower the S. Beach Access Road. Ultimately this was the option that AECOM believed was less expensive and would be a permanent repair. The current issue is that there is fill on top of the roadway. The proposal is to remove five to eight feet of that fill. The road will then be brought down to solid clay. The road will not be moved over; it would just be lowered. Director Thomas explained that in lowering the road, the watermain and stormsewer will also have to be relocated. He explained the watermain in the area has actually had a few main breaks. He explained that the Workgroup thoroughly reviewed this option. He explained AECOM was also asked to put together proposals for design services. He explained that at the final Workgroup meeting, the Workgroup endorsed the explained S. Beach Access Road lowering option. The Workgroup had also recommended that the City proceed with AECOM for the design. Director Thomas explained that at the December 5, 2016 City Council Meeting, staff noted that a different firm would be considered for design services. The Workgroup discussed this concern at the last Workgroup meeting and felt strongly that AECOM has already collected a lot of good data, run various computer models, and have already put a lot of engineering into the project by taking part in the Workgroup. He explained that the Workgroup felt that choosing to go with another engineer firm at this point would be inefficient. He added that the Workgroup also discussed how AECOM specializes in bluff stability projects. Director Thomas explained that the Workgroup requested AECOM provide three separate proposals. The design proposal for the S. Beach Access Road, the monitoring proposal for the middle area, and the design for the North Ravine Area. He explained the North Ravine area would have to be permitted through the Army Corps of Engineers and Lake County Stormwater Management. He explained AECOM has good working relationships with both organizations. Director Thomas noted that the project (S. Beach Access Road repair, middle area monitoring and all of the design works) is estimated to be under budget by $80,000. Chairman Waldeck explained that the Workgroup was comprised of diverse, knowledgeable people . She explained that the Workgroup was extremely dedicated and the option of lowering the road came about through one of the Workgroup’s discussions. Alderman Moreno inquired about the roads drivability if the road was lowered and if that would be improved. Director Thomas explained that it potentially will be improved. Director Thomas explained that Sally Swarthout, Director of Parks and Recreation, was also a member of the Workgroup. He explained that she thought the timing of S. Beach Access road’s repair, if it began in mid- September, would be a good time. He added that staff was in favor of black asphalt for the road. In winter time snow and ice will melt easier on asphalt than concrete. Alderman Newman inquired about the durability of asphalt and concrete. Director Thomas explained that concrete would most likely last longer but it would need to be salted more. He explained the road itself in the winter does not see heavy use. He explained that as far as timing goes, Director Swarthout did not think there would be too much of an impact on the boaters. The boaters would also be notified of the project via a letter. Alderman Moreno inquired about the monitoring proposal . She asked if that would be a three year contract and if that contract would then be renewed. Director Thomas explained that really depends on the data that is collected and what information it provides. AECOM noted that the area in question has moved but that movement is not significant. Chairm an Waldeck explained that monitoring that area is important. Alderman Moreno asked about the expected life of the S. Beach Access Road once the road is lowered and the project is completed. Mike Bleck with Bleck Engineering, explained that the asphalt surface of the road will last 15 to 20 years. He added the base of the road will last a long time. Director Thomas explained that as far as significant improvements to the road goes, this should be the last major construction work that is done. Director Thomas explained that if City Council approves AECOM’s proposals at the next City Council meeting, AECOM will be asked to begin the work immediately. This is in case the bluff has additional movement that begins to impact the road. Chairman Waldeck explained that the road will continue to be monitored to ensure that it is safe. She explained the plan is to keep the road opened for now. Director Thomas agreed with Chairman Waldeck and explained the lane that is closed now will remain closed. He explained that the area will also be continued to be tarped to try and keep the water off of it. Director Thomas explained that the project will be going on at the same time of the Ferry Hall Bridge Project. Chairman Waldeck explained that the City may receive a few complaints, but the majority of residents should be understanding of both projects. Chairman Waldeck motioned to recommend the approval of AECOM’s two design proposals and monitoring program. Alderman Newman seconded the motion, which carried unanimously. IV. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF AN ORDINANCE AMENDING THE CITY OF LAKE FOREST CODE, SECTION 150.384, “SEWAGE AND SEWAGE DISPOSAL” – VICTOR FILLIPPINI & MIKE STRONG City Attorney Fillippini explained that staff has reviewed this ordinance from several different perspectives. He explained the provided summary sheet explains the amendments and changes. The triggers for connection to the City’s sanitary sewer will now be parallel with Lake County’s. The re are also provisions included for exemptions on a temporary basis for properties that meet certain criteria. There are also additional septic field testing and reporting requirements that have been included. He explained that there may be cases of connection deferral even if a trigger occurs, if a resident maintains ongoing criteria for maintaining a functioning septic system. Chairman Waldeck explained that these amendments to the City’s Code stem from discussions during the last City Council meeting. There was a general consensus among the Council that the City’s ordinance should be more in line with the County or State ordinance. Therefore, the 500 foot requirement was reduced to 250 feet to reflect the County ordinance. City Attorney Fillippini explained that the State generally relies on the local county health departments to enforce the State law or the County’s rules. That is why the decision was made to be in accordance and line with the Lake County ordinance. Chairman Waldeck explained that the ordinance amendments also sought to achieve clarity in what the required connection triggers would be. She explained that for the people who live within 250 feet of a connection, and if their septic system fails , they would be required to connect subject to the exemptions proposed in the ordinance. Alderman Moreno asked if the County chooses to change their law in the future, if the City could adjust their own ordinance. City Attorney Fillippini explained that the City always has the ability to amend the ordinance. City Manager Kiely inquired about section B.1. Of the ordinance. City Attorney Fillippini explained that as discussed with the homeowners and neighbors in the Winwood Special Service Area (SSA), they would not be required to make an immediate connection to the sanitary sewer system if their septic was still operational. This essentially curbs and delays the cost of connection so that a homeowner is not required to pay immediately for connection to sanitary sewer if they are included in a SSA and have a functioning and maintained septic system. Chairman Waldeck explained that she felt the ordinance amendments achieves what the Public Works Committee and City Council previously discussed. It provides clarity and triggers and is now in accordance with the County Law. Director Thomas inquired about section C.7. He asked if the cross connection was a stand alone trigger or if other things need to occur in order to require connection. City Attorney Fillippini explained that it does still require that the sewer is accessible. If the sewer were 700 feet away that trigger would not make a difference. If a septic is installed with cross connections, the home owner would be required to fix that cross connection within 60 days or they would be required to connect to sanitary sewer. Superintendent of Engineering Ells asked if this was related to surface discharge and what would be required to be repaired if that was found to be present. City Attorney Fillippini explained that any cross connection would need to be eliminated. Director of Community Development Czerniak added that in general , any cross connection would need to be eliminated but that can certainly be identified more specifically by City Council. Superintendent of Engineering Ells explained that technically many of those septic systems do not have a technically “illegal” cross connection; those pipes that exist are an integral part of some of these septic systems and that was the way they were designed. He explained that those systems aren’t allowed to be built by the County anymore. However, the existing systems were grandfathered in as long as they are tested regularly. City Attorney Fillippini explained that adding the term “illegal connection” to the ordinance would help clarify that issue. Alderman Moreno inquired about enforcement. She explained that in the past an inactive enforcement approach was taken. Director Thomas explained that Community Development would manage and enforce this program. Community Development would require annual testing results that would need to be submitted to the City if a home has a septic system. If a home does not submit the required testing results Community Development would then take steps to ensure that the property owner is in compliance. Director Czerniak explained that notice would be sent out to the homeowners with septic systems notifying them of the program requirements and that the annual certifications would need to be submitted to the City. Professionals approved by the State would be doing these inspections. These types of professionals are identified within the ordinance. The burden of completing the inspection and sending the certification to the City would be on the homeowner. Alderman Waldeck inquired about providing these homeowners with a list of State certified inspectors. Director Czerniak explained that a link to that State list could be provided. Alderman Moreno asked if any City employees would be involved in completing this inspection and certification process. Director Czerniak explained that no City employees will be directly involved in the inspection process. Chairman Waldeck explained that if a homeowner chooses not to comply , they would be in violation of the ordinance. Chairman Waldeck explained that homeowners on Winwood have made it clear that they are welcoming to an inspection and testing process. City Manager Kiely inquired about after the passage of this ordinance, how the 85 properties on septic would have this ordinance recorded on their property file with the County. City Attorney Fillippini explained that the City could record this ordinance and it would be included in all Lake Forest properties title commitments. Chairman Waldeck explained that she believed the ordinance should be recorded in the way that City Attorney Fillippini described. Alderman Newman explained that recording the ordinance in the property’s title commitments is in line with Alderman Moreno’s early comments about enforcement. Alderman Moreno made a motion to recommend to City Council an ordinance amending The City of Lake Forest code, section 150.384, “Sewage and Sewage Disposal”. Chairman Waldeck seconded the motion, which carried unanimously. V. REVIEW AND RECOMMENDATION TO CITY COUNCIL ON DISPOSITION OF WINWOOD SSA – MIKE STRONG & MICHAEL THOMAS Assistant to the City Manager Mike Strong explained that there are two discussions that relate to this topic - the first relating to the Winwood SSA. He explained that back in January, City Council took action on a resolution that extended the SSA objection period. This was done to give the Committee, staff, and the neighbors more time to evaluate the SSA and for City Council to host a special City Council workshop meeting. At the workshop meeting City Council directed staff to research other ways to finance the SSA. He explained that City staff has researched a 40-year pay back option. The scope of the project was also further researched. Assistant to the City Manager Strong explained that there was discussion as to whether or not the Winwood three most western lots should be included in the SSA. He explained that there would be potential cost savings by removing these lots. He added that these lots could also potentially be redeveloped in the future, which would require a sanitary sewer connection. He explained that as financing options were reviewed, there were discussions on a second item, the future of the Winwood SSA area. He explained that if the project was objected , the neighbors would need to wait two years in order to apply for a SSA again. In response to that conversation, a proposed ordinance was drafted that rescinds the proposing ordinance. He explained that this would terminate the current SSA. This would allow the neighbors to come back and pursue the project in a shorter time period than if the neighbors formally objected to the SSA. Assistant to the City Manager Mike Strong explained that in regards to establishing an interest rate for a City internally financed SSA, that the City Council would need to determine that. He explained that for the Regency SSA the interest rate for the payback period was based on a City acquired bond. He explained that in talking to the Winwood residents that they have also inquired about a 50-year payback period. He explained that the proposed ordinance would be brought to the City Council on March 20, 2017. Chairmen Waldeck inquired about extending the payback period and the reduction of the SSA area to 25 lots. She explained that by removing those three western lots in the Winwood SSA, there would only be minimal cost savings. She explained that she preferred the 40-year payback period option. She inquired about where the money would come from to internally finance the SSA project. City Manager Kiely explained that a decision on the financing options was not being made tonight. The question for the Committee is if the City Council would consider extending that payback to a length of time longer then 20 years. The other component is what would be the interest rate for the payback period. City Manager Kiely explained that the City has the capability and capacity to fund the project through the City’s water fund. This would mean that City Council has the ability to decide the length and the rate. Director of Finance Elizabeth Holleb explained that the water fund has a fund balance that is able to fund this specific project. That money stays in the bank and is available for investment purposes. It is money that is set-aside for contingency purposes. She explained that if the SSA was financed through the water fund it would be earning interest like any other investment. She explained that money used to finance the SSA would be money that would be sitting in the bank or that could have potentially been used for another investment opportunity. She explained the money invested into the SSA would be received and returned to the water fund each year, with interest, over the course of the payback period. Director Holleb explained the money used to finance the SSA would not have been utilized or taken away from money for other City Capital Improvement Projects. Chairman Waldeck inquired about what sort of precedent does financing an SSA via the water fund set. City Attorney Fillippini explained that the City used the general fund previously to fund a SSA. City Manager Kiely explained that the issue at hand is how long the Council is willing to extend the SSA payback period. He explained that SSA’s have been also utilized for many different projects and that City Council would not be able to fund every SSA project. He explained that if the five lot subdivision on Waukegan Road wanted to inquire about a SSA project that the City would actually be able to fund that SSA in a similar way. Outside of that area, there are no other septic areas that City staff view as potential sanitary sewer SSAs. Chairman Waldeck explained that she is in support of working with the Winwood neighbors, however she was concerned with how the City may have to turn down other SSAs who want a similar deal. Director Holleb explained this project would only be about 20% of the total water fund balance. Alderman Newman inquired about utilizing the general fund to finance the SSA. City Manager Kiely explained that while the City has the capacity to use the general fund , that would leave the fund vulnerable if an emergency situation arose. Alderman Newman then posed a question directly to the residents. He explained that the 20 -year ve rsus the 40 -year payback period , the 40 -year period has a higher total cost. He asked if the residents had concerns with that. Andrew Twyman of 1161 Winwood Drive explained that the concern many of the neighbors in Winwood have is that the yearly payment is too high for the 20 year. He explained that there is potentially more neighbor buy in at a yearly rate that would be a few hundred dollars cheaper than the 20-year rate. Alderman Moreno explained that she felt 20% of the water fund was a significant amount. She explained that she wanted to be certain that using the water fund to finance the project would not be putting the City in any risk. Director Holleb confirmed the information she provided and explained that this something the City can do. City Attorney Fillippini explained that City can adopt a provision that if a property within the SSA is sold, any remaining SSA project balance remaining would have to be paid in full at time of sale. Alderman Moreno explained that she felt that was appropriate and necessary. Chairman Waldeck explained that the SSA project would come down to how bad the City Council wants to do the project. She explained that the amended ordinance would hopefully provide everyone with the necessary clarity, time, and flexibility. She explained that she would not be in favor of supporting the ordinance that withdraws the SSA and explained that the SSA process should be seen through and the objection petition should be filed. City Attorney Fillippini explained that if there was no petition filed, Council would still need to go forward with the project. If the Council is not up for pursuing the project, he explained that the SSA process should end. Chairman Waldeck explained that she felt Council would be ok with the SSA and following through with it, if 51% choose not to object. City Attorney Fillippini explained that he has never seen a SSA objection and that objecting to a SSA is not as easy as it may sound. Chairmen Waldeck explained that according to the Winwood neighbors they have well over the 51% of signatures required to object to the SSA. She explained that throughout this process a lot of time has ben spent answering questions. She explained that if those residents would like to further pursue a SSA, they can approach the City and the City will be there to help. City Manager Kiely inquired about the Committee’s preference of reviewing the ordinance at City Council via first reading or first and final reading. He explained that the ordinance effectively rescinds the SSA, was going to be brought to Council. He explained that if the SSA is not rescinded the hearing required to officially receive the objections will go past May 1, 2017. He explained that there will be a new Mayor as well as a new Aldermen. He added that the conversation of a 40- year payback period could change depending on how those new Aldermen view the SSA. Alderman Moreno explained that the objection petition is important to the Committee. She explained that she would not want a first final reading on this ordinance. Chairman Waldeck explained that she believes the neighbors have the 51% objections signatures. She explained that filing the objection provides the Council with further clarity. City Attorney Fillippini explained that there also procedural aspe cts to consider in continuing to pursue the SSA. He explained that in January 2017, City Council approved a resolution that requires a re-opening of the SSA’s public hearing. This has not happened yet. He explained no valid petition can be filed until the public hearing is held. Therefore, that public hearing would have to be re-noticed and conducted at a City Council meeting. Chairman Waldeck explained there is a procedure the Committee has been following and that it is important that they continue to foll ow it. She explained the only official way to know that the residents do not want the SSA is to follow the SSA process. City Manager Kiely requested City Attorney Fillippini provide a timeline of the process at the March 20, 2017 City Council Meeting. Chairman Waldeck explained that she felt filing the petition was necessary and part of the process. City Manager Kiely explained that one thing that still needed to be discussed was the frequency at which monitoring would occur for the eight known cross-connected lots on Winwoood. He also inquired about the transfer of a property with a septic system and if an inspection would be required. He explained that both of these things could be discussed at a future time. Director Thomas posed a question to the residents in attendance that if the amended ordinance was approved, did they believe 51% of the neighbors would still be opposed to the SSA project. Zachary Eleveld of 1137 Winwood Drive explained it was hard to make that judgment. He explained that the neighbor meeting with Mike Strong conducted prior to tonight’s meeting was constructive. Tom Kaczmarski of 1088 Winwood Drive inquired about accessibility being defined in the ordinance. City Attorney Fillippini explained that accessibility was defined in the ordinance and read the definition. Alderman Moreno made a motion to recommend to follow the SSA procedures as discussed and to have a first reading of the proposed ordinance at the next City Council meeting. Chairman Waldeck seconded the motion, which carried unanimously. VI. NEXT MEETING – APRIL 3, 2017 5:00 P.M. @ CITY HALL VII. ADJOURNMENT Chairman Waldeck moved to adjourn the meeting of the Public Works Committee at 7:32 P.M. Alderman Moreno seconded the motion, which carried unanimously Respectfully submitted, Jim Lockefeer Jr. Management Analyst