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PUBLIC WORKS COMMITTEE 2017/06/15 MinutesPUBLIC WORKS COMMITTEE MEETING WEDNESDAY, JUNE 15, 2017 – 6:00 P.M. CITY HALL – UPSTAIRS CONFERENCE ROOM I. ROLL CALL/CALL TO ORDER Chairman Stanford Tack called the meeting to order at 6:00 P.M. Aldermen Michelle Moreno and Melanie Rummel were in attendance. Staff in attendance included Michael Thomas, Director of Public Works; Sally Swarthout, Director of Parks, Recreation and Forestry; Dan Martin, Superintendent of Public Works; Bob Ells, Superintendent of Engineering; Mike Strong, Assistant to the City Manager; Chuck Myers, Superintendent of Parks and Forestry and Jim Lockefeer, Management Analyst. Also in attendance was resident Jay Pridmore of 609 Beverly Place. II. APPROVAL OF THE APRIL 17, 2017 PUBLIC WORKS COMMITTEE MEETING MINUTES Chairman Tack moved to approve the April 17, 2017 Public Works Committee meeting minutes. Alderman Moreno seconded the motion, which carried unanimously. III. DISCUSSION OF CUSTOMER-OWNED ELECTRIC FACILITIES – MIKE STRONG Assistant to the City Manager, Mike Strong, explained that in isolated circumstances there exists instances where there are customer owned electric utilities that provide service to a resident’s property. He explained that on a property where this situation is occurring, ComEd does not maintain the entire electrical infrastructure. The property owner has a responsibility to maintain the utility pole, the service line, or a combination of the two. He explained that in a typical situation throughout Lake Forest, ComEd owns and maintains the utility pole and the service line to private structures. He explained the current issue of customer owned utility poles and service lines is estimated to be at 35 properties in Lake Forest. Assistant to the City Manager, Mike Strong explained that many of these properties are located on large lots. In order to service these properties, ComEd had erected a utility pole and main distribution line at 150 feet. He explained that in order to service the property additional distribution lines and utility poles were erected by ComEd in order to properly serve the property owner. He explained that for the estimated 35 properties, ComEd is obligated to maintain the first utility pole and the first 150 feet of distribution line. Anything in addition to that is the property owner’s responsibility to maintain. He explained that the 150 feet rule is evident in the Beverly Place area. Property owners in that area have had weather related distribution line issues. These issues occurred beyond the first 150 feet of distribution line that ComEd maintains and therefore was the property owner’s responsibility to repair. He explained these repairs can be quite costly to a homeowner and can be a major safety concern as these lines are high voltage. He explained that this issue has been brought to the City a few times over the last 30 years. He explained that this was brought to the City this past April when a tree limb came down on a distribution line and the property owner was notified by ComEd that the distribution line affected was the property owner’s responsibility to repair. He explained that since that instance occurred, City staff has met with some of the property owners on Beverly Place. The City has also had conversations with ComEd. He explained that the City has heard from residents that this is an unfortunate situation that causes a lot of confusion and safety concerns. He explained that there are some options that the property owners can consider. One potential option is to “underground” the equipment. He explained that this process would involve granting easements and completing engineering work. Assistant to the City Manager, Mike Strong explained that the City does not have legal jurisdiction over ComEd to force them to take over the maintenance of property owner service line equipment. He explained that the first step the City is looking to achieve is getting on sites with ComEd field engineers to determine the magnitude of the project scale and a potential cost estimate for the affected property owners. Mr. Pridmore explained that each main line that the affected property owners are required to maintain, typically services two houses. He explained that there is additional confusion as to whose responsibility it is to maintain or repair a line if an issue occurs amongst those two property owners. He stated that issues with his line have occurred twice this year. The first time was very costly. He explained his insurance company was willing to pay for the line however his neighbor’s insurance company was unwilling to do so and was very unresponsive. Mr. Pridmore explained that one potential option he is interested in exploring is a special service area (SSA). Chairman Tack explained that the City just went through an SSA process with the Winwood subdivision that ultimately failed. He explained that the two situations are similar. They are both private infrastructure problems with private responsibility. The City has an interest in improving and correcting these problems but doesn’t have jurisdiction because these are private property owner issues. The solution to effectively address these issues is to initiate a SSA. The problem is that unless a significant amount of property owners truly want to undertake a SSA, the SSA will fail. Chairman Tack explained that the 150 feet rule that ComEd has is not a local or state issue, it is a federal issue. He explained the City can lean on ComEd to develop a design to mitigate the issue however the homeowners would need to buy into the project. Chairman Tack explained that to commit to engineering the homeowners would need to commit to the project because it is an expensive first step that the City would have to take. He explained that having seen and participated in the SSA process before, he has seen pushback from property owners who are unwilling to commit to the SSA. He explained the City will continue to work with ComEd to research potential options to solve this issue. He explained that if the equipment was buried and underground by the property owner, in theory, ComEd would then take over the service line and it would then be their line to maintain. Mr. Pridmore inquired about how many property owners would be needed in order to create a SSA. Chairman Tack explained that the property owners would need to be contiguous. Mr. Pridmore explained that there may be issues with that as some of the property owners in the area have already buried their lines. He explained that he could produce at last eight interested property owners. Alderman Moreno explained that the people who are currently facing this issue need to know what the issue is and what potential costs could be in order to bury the lines. Chairman Tack explained that in order for ComEd to produce costs, preliminary engineering is going to come at a cost. The starting point should be to work with ComEd to come up with reasonable solutions for this issue. Hopefully, ComEd will be able to at least produce a rough estimate for those solutions. Then that information can then be brought back to the affected property owners. Mr. Pridmore inquired about if the service lines had to be buried in order for ComEd to take over maintenance and ownership of the line. Chairman Tack explained that at this point he believes the best option is to bury those lines. He explained that it sounds like ComEd will not be interested in taking over any individual aerial lines. Mr. Pridmore inquired about the federal regulations. Chairman Tack explained those regulations stem from the Interstate Commerce Commission (ICC). Alderman Rummel asked if property owners were to bury the lines, if ComEd would maintain the lines without an easement. Assistant to the City Manager Strong explained that an easement would need to be granted. Alderman Rummel explained that most properties already have existing ComEd easements that were granted when the property was being developed. She explained that when lots on Beverly were extended that contributed to the current long stretch of power lines. Alderman Moreno inquired about the 35 properties and the fact that they are all not contiguous. She explained that if it was possible and the law permits to present this as a virtual SSA. Superintendent of Engineering, Bob Ells, inquired if the City could initiate an SSA for a non-city owned utility and infrastructure. He explained that he has never seen one for a private utility. Chairman Tack explained that the City will continue to research the issue and inquire as much information to share with the affected residents as possible. Mr. Pridmore explained that he was also interested in obtaining information as to why these properties are currently facing this issue and why the City allowed ComEd to do this. Chairman Tack explained that the City Attorney would put together a position paper to help explain that further. Alderman Rummel explained that the answer to that question would most likely be found as to when the parcels were developed or transferred. Director Thomas explained that the City would undertake the research. The Committee thanked Mr. Pridmore for attending the meeting. IV. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF AN AGREEMENT FORPRELIMINARY DESIGN SERVICES FOR THE DEERPATH ROAD AND OPEN LANDS PARK ENHANCEMENT PROJECT – MICHAEL THOMAS & CHUCK MYERS Director Thomas explained that this is a new topic for the Committee. He explained that internally staff has been discussing this project for a couple years. Staff has recognized that there are improvements that need to be made to address not only aesthetic issues but also safety issues along Deerpath from Green Bay Road to Western Avenue. That scope also includes Open Lands Park, which the City now has ownership of. Director Thomas explained that Western Avenue was upgraded in 2006 and that the City is currently working on N. Western Avenue. These projects had led City Staff to examine a potential next project area of Deerpath. The Civic Beatification Committee has also felt strongly about this as a potential project area. City Staff has done some periodic work on Deerpath to address some of the more pressing minor concerns. Staff has recognized that a bigger scale project was necessary in order to address some of the more major infrastructure issues on Deerpath. Staff has discussed this further over the past couple of months, working with City Manager, Bob Kiely, to determine a potential project scope and potential project cost. In order to obtain the project scope and estimated cost, City staff began working with City Landscape Architect Craig Bergmann Landscape. The City has a three-year agreement with Craig Bergmann Landscape that began in December of 2015. Craig Bergmann Landscape was tasked with putting together some overall concept and designs for this project area. Recognizing that these concepts would take a great deal of engineering work, it was recommended that Craig Bergmann Landscape partner with Bleck Engineering. This recommendation stemmed from their partnership from the recent work that was completed at the Deerpath Golf Course and because these are two local firms that have shown they are vested in the Lake Forest community. Director Thomas explained that Bleck Engineering and Craig Bergmann Landscape have put together proposals for preliminary design and design concepts that could be presented at the budget meeting in November. At that point the City will know what the exact project scope would be and the dollar amount cost. In order to get to that point the City would engage the community for their input via a public visioning session. After that, the landscape architect and engineering firm would develop those concepts further. The City would then take those options back to the community again for additional feedback and direction. The landscape architect and engineering firm would then take that feedback again and make any necessary adjustments. Those options, along with costs, would be presented at the November budget meeting. At that meeting a design option would be selected. Following that, the selected design option would then be fully designed during the winter months and placed out to bid for construction during the spring. Director Thomas explained that in order to accomplish all of these things it takes a good amount of planning and design effort. This evening’s proposal to engage Craig Bergmann Landscape is the start of this process and ultimately have various concepts ready for the City budget meeting in November. Director Thomas explained that staff recognizes that this is not budgeted in the current fiscal year’s budget. This is a project that staff and the Civic Beautification feel strongly about and the project itself also directly correlates with the City’s “Welcome Home” campaign. Chairman Tack explained that he has several issues with the way the project is currently proposed. He explained that he did not believe that the project should be handed over to Bleck and Bergmann outright. He explained that there are other firms in town and out of town that would love to participate on a project like this. Chairman Tack explained that this project is also not budgeted and the unbudgeted amount is very high. He explained this project could easily cost $1,000,000. Chairman Tack explained that the area is in need of major work however he was not in favor of spending the initial proposal of $136,000 to then ultimately spend upward of $1,000,000 at this time. He explained that the City currently does not have that kind of money to spend and could not vote in favor of spending this money. Alderman Moreno explained that she completely agreed with Chairman Tack. She explained that she was very uncomfortable with the amount and going with the two firms outright. Alderman Rummel agreed with Alderman Moreno and Chairman Tack’s comments. She explained that she believed this project is not an essential service and that there are current essential service issues that the City needs to address. She explained that it doesn’t change the fact that the area is in need of some major work. She inquired about addressing some of the construction issues internally. She explained that having City employees plant some of the areas on Deerpath could go a long way. Alderman Rummel explained that Open Lands Park looked as though the infrastructure was in acceptable shape, however there was mildew growing in certain areas. She inquired about having that area power washed. Alderman Rummel stated that she would like to encourage taking smaller steps to improve the streetscape at this point. Chairman Tack inquired about the south side Deerpath sidewalk and where that fits on the City’s sidewalk replacement program. He explained that if this project was to be undertaken, that contact with the building owners about their participation would be necessary. Alderman Moreno explained that she agreed with Alderman Rummel’s earlier comments about breaking down the project area and addressing the critical areas first. Superintendent of Parks & Forestry Chuck Myers explained that taking those smaller steps was actually the original project plan. He explained that at some point there are major infrastructure issues that need to be addressed that are going to be very costly. He explained that staff believes that at that point it also makes sense to include additional landscape design work. Chairman Tack explained that this would be a major engineering project. He explained that having a landscape architect on board at this point does not make a lot of sense. Superintendent Myers explained staff felt the partnership of landscape architect and engineer early on in project design was very important. He explained that at the N. Western Ave project the landscape architect was brought on first to come up with some design options. Then the engineering firm was brought in to design and look at the feasibility of the landscape architect’s plan. He explained that it took some time for the engineering firm and landscape firm to work effectively with one another. Superintendent Myers explained that staff believes forming the landscape architect and engineer partnership earlier on in the project would have been more effective. Chairman Tack explained that everyone is in agreement that this is a project that ultimately needs to be completed at some point. Alderman Moreno agreed and explained that this project needed to follow the Capital Improvement Plan planning process. Alderman Rummel explained that it was important that we begin working with the building owners and businesses to get project buy in and support. Chairman Tack explained that project support should also come from the City Council level. Alderman Rummel inquired about what changes staff envisions occurring at Open Lands Park. Director of Parks and Recreation, Sally Swarthout, explained that staff has walked the park. She explained that staff would like to put in a larger hardscape and bistro tables in order to make the park more active. She explained that staff would also like to change the entrance to the park, which would bring the entrance right through the current Open Lands Park sign. She explained that this project would also go to a visioning session as well. She explained that to move forward with the park project at this point, she would recommend pulling the park project from the Deerpath Streetscape Project. The Parks and Recreation Board will then review the park project. She explained the project costs would then come out of budgeted dollars from the Parks and Recreation budget. Alderman Rummel stated that she endorsed that plan. Chairman Tack moved to recommend to City Council, an agreement for preliminary design services for the Deerpath Road and Open Lands Park Enhancement Project. The following voted “Nay”: Chairman Tack, Alderman Moreno and Alderman Rummel. The motion failed. V. REVIEW AND RECOMMENDATION TO CITY COUNCIL OF AN AWARD OF BID FOR THE FERRY HALL BRIDGE REPAIR PROJECT – BOB ELLS Superintendent of Engineering Bob Ells explained that the apparent low bidder, Dunnet Bay Construction, has submitted a bid under budget. He explained Dunnet Bay Construction is a well-established firm and was the firm that did the last repairs to this bridge in 1995. He explained that the City will have a fulltime engineering inspector monitor this project but because it is a bridge, it does require additional oversight by structural engineers. He explained that Wiss, Janney, Elstner Associates, Inc. (WJE) has submitted a proposal to provide the as needed material testing services throughout the project. He explained that with the low bid and WJE’s proposal combined, the project is $39,000 under budget. Superintendent Ells explained that City staff was pleased with the bids and WJE’s proposal and confident in the project costs. Alderman Moreno asked if anything different was found within Dunnet Bay’s bid. Superintendent Ells explained that City staff reviewed each line item and there was nothing strange evident in their bid. Alderman Moreno inquired about expected life of the repairs after they are completed. Superintendent Ells explained that this is a long-term fix that should last for 25 years. Alderman Rummel inquired about the previous 1995 repair. Director Thomas explained that it was a different area that was repaired. Director Thomas explained the reason why this was brought to the Public Works Committee at this time is because of timing. If the Committee approves the recommendation this evening, City Council will vote on the request for approval at Monday’s City Council meeting. He explained the project needs to start August 7, 2017 in order to be completed by November 15. Chairman Tack made a motion to recommend awarding the construction bid to Dunnet Bay Construction and the engineering oversight to WJE, for the Ferry Hall Bridge Project. Alderman Moreno seconded the motion, which carried unanimously. VI. NEXT MEETING – WEDNESDAY, JULY 19, 2017 – 6 P.M. @ CITY HALL Before confirming the date and time of the next meeting, Director Thomas explained that he had two additional updates for the Committee. He explained that the Water Plant had issues again with cold water and trying to meet demand for the prior week. He explained that once the lake warms up, demand should be met with very little problems. Director Thomas explained sprinkler free Monday’s are still in effect and letters have gone out to residents that Water and Sewer employees identified sprinkling during the incorrect days and times. Director Thomas explained the other update is about a potential issue that the City Council may hear about at their upcoming meeting. He explained that the contractor at the N. Western project, hit a tree and caused major root damage. A private tree company determined that two thirds of the major roots have been damaged and will be unable to heal. The tree is also leaning. The tree company’s final recommendation was that the tree should be removed. At the pre-construction meeting, the contractor was told that if they were to come in contact with any tree, that they were to stop work immediately and call the City’s project engineer before proceeding. Unfortunately, the contractor did not stop and proceeded to rip the tree roots out that were in his way. Director Thomas explained that the contractor is going to pay a fine, pay to have the tree removed, and pay to plant a new tree. VII. ADJOURNMENT Chairman Tack moved to adjourn the meeting of the Public Works Committee at 7:22 P.M. Alderman Moreno seconded the motion, which carried unanimously. Respectfully submitted, Jim Lockefeer Jr. Management Analyst