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CITY COUNCIL 10/02/2023THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, October 2, 2023, 6:30 p.m. 220 E. Deerpath Lake Forest, IL 60045 CALL TO ORDER AND ROLL CALL 6:30 p.m. Honorable Mayor, Stanford R. Tack Nancy Novit, Alderman First Ward Jim Preschlack, Alderman Third Ward Joseph R. Waldeck, Alderman First Ward Ara Goshgarian, Alderman Third Ward Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward John Powers, Alderman Second Ward Richard Walther, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR 2. COMMENTS BY CITY MANAGER A. Community Spotlight -Dickinson Hall - Tricia Schwall, Manager -Deerpath Community Park Update - Michael Thomas, Director of Public Works 3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL 4. COMMITTEE REPORTS 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of September 18, 2023, City Council Meeting Minutes A copy of the minutes can be found beginning on page 10. COUNCIL ACTION: Approval of September 18, 2023, City Council Meeting Minutes 2. Approval of the Check Register for the Period of August 26 – September 22, 2023 1 Monday, October 2, 2023, City Council Agenda STAFF CONTACT: Elizabeth Holleb, Finance Director (847-810-3612) BACKGROUND/DISCUSSION: City Code Section 38.02 sets forth payment procedures of the City. The Director of Finance is to prepare a monthly summary of all warrants to be drawn on the City treasury for the payment of all sums due from the City (including all warrants relating to payroll and invoice payments) by fund and shall prepare a detailed list of invoice payments which denotes the person to whom the warrant is payable. The warrant list detail of invoice payments shall be presented for review to the Chairperson of the City Council Finance Committee for review and recommendation. All items on the warrant list detail recommended for payment by the Finance Committee Chairperson shall be presented in summary form to the City Council for approval or ratification. Any member of the City Council shall, upon request to the City Manager or Director of Finance, receive a copy of the warrant list detail as recommended by the Finance Committee Chairperson. The City Council may approve the warrant list as so recommended by the Finance Committee Chairperson by a concurrence of the majority of the City Council as recorded through a roll call vote. The Council action requested is to ratify the payments as summarized below. The associated payroll and invoice payments have been released during the check register period noted. Following is the summary of warrants as recommended by the Finance Committee Chairperson: The amount listed as “All other Funds” includes $298,188 in Medical/Dental plan expenses. COUNCIL ACTION: Approval of the Check Register for the Period of August 26 – September 22, 2023 3.Grant Final Reading of an Ordinance Amending Chapter 11, titled "City Administrative Hearing System," and creating Chapter 79, titled "Recreational Powered Devices," of the City Code STAFF CONTACT: Karl Walldorf, Chief of Police (847-810-3803) Fund Invoice Payroll Total 101 General 951,401 1,766,019 2,717,421 501 Water & Sewer 257,824 209,599 467,423 220 Parks & Recreation 157,658 459,399 617,057 311 Capital Improvements 3,512,083 3,512,083 202 Motor Fuel Tax 1,008,076 1,008,076 230 Cemetery 177,783 46,612 224,396 210 Senior Resources 13,469 29,958 43,427 510 Deerpath Golf Course 12,299 2,545 14,845 601 Fleet 71,457 61,047 132,504 416 - 434 Debt Funds 475 475 248 Housing Trust 0 201 Park & Public Land 0 All other Funds 679,710 194,416 874,125 $6,842,236 $2,769,595 $9,611,831 Check Register for August 26- September 22, 2023 2 Monday, October 2, 2023, City Council Agenda PURPOSE AND ACTION REQUESTED: Staff requests approval of the changes to Chapter 11 and the creation of Chapter 79, which will prohibit the use of Recreational Powered Devices in the Central Business District and allow members of the police department to enforce violations of said Ordinance. A copy of the Ordinance can be found on page 14 BACKGROUND/DISCUSSION: At the Monday, September 5, meeting of the City Council, staff was directed to prepare an ordinance prohibiting the wide array of electronic devices currently being ridden on sidewalks within the central business district. Working with City prosecutors LaLuzerne & Smith, staff believes they have created an ordinance flexible enough to apply to a wide array of current and future devices. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments City Council 9/18/2023 First Reading granted BUDGET/FISCAL IMPACT: Staff expects additional salary expenditures in both straight time and overtime over the first few years of initial enforcement, followed by lower expenditures in succeeding years. COUNCIL ACTION: Grant Final Reading of an Ordinance Amending Chapter 11, titled "City Administrative Hearing System," and creating Chapter 79, titled "Recreational Powered Devices," of the City Code 4. Approval of a Purchase of Three Replacement Police Department Vehicles to Morrow Brothers Ford and the Advancement of Fiscal Year 2025 Capital Improvement Program Funding in the Amount of $126,000 STAFF CONTACT: Jim Lockefeer, Assistant Director of Public Works (810-3542) & Kevin Zelk, Deputy Chief PURPOSE AND ACTION REQUESTED: City staff requests City Council approve of a purchase of three replacement Police Department vehicles to Morrow Brothers Ford, in the amount of $126,000. City staff also requests the advancement of Fiscal Year 2025 Capital Improvement Program funding in the amount of $126,000 to secure purchase of these vehicles. BACKGROUND/DISCUSSION: There are three Ford Interceptors police vehicles that will be recommended for replacement as part of the FY25 recommended Capital Equipment Replacement Plan. It has been standard procedure, that once the Police Department’s Ford Interceptors police vehicles have accrued 100,000 miles, they are moved into the Community Development Department, the Engineering Section or the Police Investigations for administrative use and inspection services. The vehicles will accrue an additional 20,000– 25,000 miles before they are placed out to bid and sold to the highest bidder. The replacement Ford Interceptor is an all-wheel drive vehicle with sufficient space for the police officers accompanying gear. The vehicle itself sits up higher and provides the officer improved visibility when driving amongst many large SUV’s. The vehicle has been designed 3 Monday, October 2, 2023, City Council Agenda specifically for police operations and offers many factory installed police options. It has evolved into the most popular police vehicle on the market today and is assembled in Chicago. BUDGET/FISCAL IMPACT: Typically, at their November meeting, the Public Works Committee reviews and recommends to City Council approval of each piece of equipment included in the upcoming fiscal year capital equipment budget. Due to ongoing supply chain issues and microchip shortages, no contracts are currently being offered through governmental joint purchasing programs for the purchase of these vehicles. Ford Motors, like many other vehicle and equipment manufacturers, have drastically narrowed the window for government fleet ordering to several weeks and for some models less than 48 hours. This has negatively impacted the public bidding process. City Council last approved three FY24 Police Department replacement vehicles on December 5, 2022, to Morrow Brothers Ford. Morrow Brothers Ford recently contacted City staff to share that they had additional opportunity to purchase additional vehicles at the same FY24 price. As this market continues to face uncertainty, City staff recommends moving forward with this purchase opportunity. Has City staff obtained competitive pricing for proposed goods/services? Yes Dealer Interceptor Vehicle Bid Morrow Brothers Ford $42,000 Sutton Ford* $44,280 *State bid contract holder The City has purchased police vehicles from Morrow Brothers Ford in the past and has not had any problems with the dealership nor the delivered vehicles. All warranty work is completed by a local Ford authorized dealer. The FY25 capital equipment budget will include the needed funding for the replacement of these three marked squad vehicles. If necessary, a supplemental appropriation ordinance will be submitted for City Council approval at the end of the fiscal year. Below is an estimated summary of Project budget: FY2025 Funding Source Amount Requested Amount Budgeted Budgeted? Y/N Capital Fund 311-5003-475-75-02 $126,000 $126,000 Y* * To be included in proposed FY25 Capital Equipment Budget. COUNCIL ACTION: Approval of a Purchase of Three Replacement Police Department Vehicles to Morrow Brothers Ford and the Advancement of Fiscal Year 2025 Capital Improvement Program Funding in the Amount of $126,000 4 Monday, October 2, 2023, City Council Agenda 5. Consideration of Adoption of Updated Versions of Previously Adopted State and National Life Safety and Building Codes Used by the City. (First Reading) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) In 2004, the City Council adopted State and National Building Codes to provide a strong and consistent framework for all construction activity in Lake Forest. Since that time, updated versions of the various Codes have periodically been released. In 2018, the City Council adopted updated versions of State and National Codes. Further updates of the Codes are now available, and adoption of updated Codes is again recommended again for the following reasons.  To allow the City to remain current as construction methods, materials, and building and life safety regulations evolve.  Adoption of the updated Codes aligns the City with surrounding municipalities, and the County which is important given long standing contractual and shared service relationships through which the City provides fire protection services, annual life safety inspections, building plan reviews, and inspections for nearby communities.  The periodic Code updates continually strive to clarify and eliminate ambiguity in the earlier versions of the Codes.  City staff is well prepared for this transition having attended training sessions on a continuing basis to keep current with changes to construction methods, materials and State and Federal requirements. In particular, new requirements relating to energy efficiency and life safety are incorporated into the updated Codes.  Most architects and builders are familiar with the new versions of the Codes and are already designing to the updated standards. Importantly, as the City has done in the past, a transition period will be provided to assure that projects currently in the design process are not delayed or forced to make mid-project changes. Until January 1, 2024, plans designed to the current Codes will be accepted. All architects, design professionals, and contractors on file with the City will be notified of the updates if adopted by the City Council and will be made aware of the timeline for implementation. A memorandum prepared by Community Development Department staff Matt Goodman, Inspection Supervisor and Code Enforcement Officer; Josh Hucker, Life Safety Plan Reviewer and Inspector; and Amias Turman, Residential Plan Reviewer, is included in the Council packet (page 20) explaining, from the perspective of staff who work with contractors from various trades and architects on a daily basis, the value of adopting the updated Codes. The following Code updates are proposed for adoption. The Ordinance also reflects minor changes to titles of the various Codes for consistency with the updates. National Fire Protection Association Codes (NFPA) • 101 Life Safety Code – 2021 • Fire Sprinkler Codes 13, 13D, 13R - 2019 • Fire Alarm Code - 2019 • Fire Code - 2021 International Mechanical Code IMC 2021 International Residential Code (IRC) 2021 International Building Code (IBC) 2021 5 Monday, October 2, 2023, City Council Agenda International Fuel Gas Code IFGC 2021 National Electrical Code NEC - 2020 Following the adoption of the Code updates, staff will continue to review existing local Codes and bring amendments forward on an incremental basis to eliminate duplication and take full advantage the technical framework provided in the State and National Codes. As appropriate, local, more restrictive Code provisions will be retained. All proposed Code amendments are presented to the City Council for adoption. The Ordinance approving the adoption of the updated Building and Life Safety Codes is included in the Council packet beginning on page 22. COUNCIL ACTION: Grant first reading of the Ordinance adopting updated versions of the State and National Building and Life Safety Codes. 6. Consideration of an Ordinance Approving a Recommendation from the Building Review Board. (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The following recommendation from the Building Review Board is presented to the City Council for consideration as part of the Omnibus Agenda along with the associated Ordinance. BACKGROUND: 1825 Amberley Court – The Building Review Board considered a request for approval of modifications including minor changes to the roofline and building footprint and changes to the proportions and placement of some of the windows. The Board recommended approval of the proposed modifications subject to some refinement. There was no public testimony presented to the Board on this petition. (Board vote: 6-0, approved) An Ordinance approving the petition as recommended by the Building Review Board, with key exhibits attached, is included in the Council packet beginning on page 27. The Ordinance, complete with all exhibits, is available for review in the Community Development Department. COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance approving the petition in accordance with the Building Review Board’s recommendation. COUNCIL ACTION: Approve the six (6) omnibus items as presented 6. OLD BUSINESS 6 Monday, October 2, 2023, City Council Agenda 7. NEW BUSINESS 1. Consideration of an Appeal of a Decision of the Historic Preservation Commission to Deny a Certificate of Appropriateness to Allow Replacement of a Cedar Shingle Roof with A Synthetic Roof Product in the Historic District. (Action by Motion) PRESENTED BY: Catherine Czerniak, Director of Community Development (847-810-3504) PURPOSE AND ACTION REQUESTED: Consideration of an appeal filed by Mary Therese and Greg Williams the owners of the property at 333 Woodland Road. BACKGROUND/DISCUSSION: The Historic Preservation Commission is charged with evaluating petitions based on the 17 Standards detailed in Chapter 155, Historic Preservation, of the City Code. The Commission has, on an ongoing basis, reviewed exterior materials on structures in the City’s Historic Districts based on the Standards. As new materials, construction methods, and design trends come forward, the Commission diligently conducts evaluations, directs research, holds work sessions, and utilizes the 17 Standards in determining whether to grant approval through the issuance of a Certificate of Appropriateness. In response to recently renewed discussions about the use of various types of synthetic exterior products in Historic Districts, on June 21, 2023. The Commission held a work session and invited a panel of six architects to offer their views on exterior materials. There was general acknowledgement that the visual qualities such as texture, sheen, thickness, and profile of some synthetic products, siding in particular, has improved while synthetic products for roofing have not yet evolved to the same extent to satisfy the Standards that the Commission must apply. Although there was agreement that quality wood for cedar shingles is becoming more difficult to find, the synthetic roof products currently available do not have the same visual qualities as cedar or other historic and traditional roof products. The Commission acknowledged that synthetic roof products have been approved by the Building Review Board and are used in the City, outside of the Historic Districts. Summary minutes of the Commission’s work session are included in the Council packet beginning on page 200. On June 28, 2023, the Commission opened a public hearing to consider a request from Ms. and Mr. Williams for a Certificate of Appropriateness to allow replacement of the deteriorating cedar shingle roof on their home at 333 Woodland Road with a synthetic roof product that is intended to imitate cedar shingles. The Commission raised a number of questions and continued the petition to allow the petitioner to provide additional information. The Commission’s packet, correspondence received, and the minutes of the meeting are included in the Council packet beginning on page132. On August 23, 2023, at the request of the petitioner, the Commission continued consideration of the Williams’ petition and the additional information provided. The Commission granted a Certificate of Appropriateness approving replacement of the existing cedar shingle roof with either cedar shingles or asphalt shingles recognizing that the house was originally roofed with asphalt shingles and later reroofed with cedar shingles. The Commission noted that asphalt shingles are an historic roof material traditionally used on homes in the Historic District including on homes in the immediate area of the petitioner’s home. The Commission voted to deny a Certificate of Appropriateness to allow replacement of the cedar roof with synthetic roof 7 Monday, October 2, 2023, City Council Agenda shingles and adopted findings to support that decision based on the 17 Standards. Both votes of the Commission were unanimous. The Commission’s packet, correspondence received, and the minutes of the meeting are included in the Council packet beginning on page 54. Guidelines for Appeals to City Council are included in the Council packet beginning on page 37. COUNCIL ACTION: Options for Council action are offered below in the form of possible motions. 1. Deny the appeal and uphold the Historic Preservation Commission’s decision to deny a Certificate of Appropriateness to allow replacement of a cedar shingle roof with a synthetic roof product at 333 Woodland Road, in the Historic District. OR 2. Grant the appeal and overturn the Historic Preservation Commission’s decision and direct that written findings in support of the City Council’s decision be prepared and presented to the Council for final action. OR Remand the matter to the Historic Preservation Commission for further consideration, public testimony, and action. 8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 9. ADJOURNMENT A copy of the Decision-Making Parameters is included beginning on page 9 of this packet. Office of the City Manager September 27, 2023 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Jason Wicha, at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 8 ^Qtu^^C^'NA<WA£BT-<^^.Scie^^t^wS^'X.§.. ^..,,.e-..^f-l&ff"^ THE CITY OF LAKE FOREST DECISION-MAKING PARAMETERS FOR CITY COUNCIL, AND APPOINTED BOARDS & COMMISSIONS Adopted June 18, 2018 The City of Lake Forest Mission Statement: "Be the best-managed, fiscally-responsible and appealing community and promote a community spirit of trust, respect and citizen involvement. " The Lake Forest City Council, with the advice and recommendations of its appointed advisoryBoards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy formulation and approval. Implementation of adopted strategy, policy, budgets, and other directives of Council is the responsibility of City Staff, led by the City Manager and SeniorStaff. The Mayor and Aldermen, and appointed members of Boards and Commissions should address matters in a timely, deliberate, objective and process-driven manner, making decisionsguided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes, policies and procedures, and the following parameters: . Motions and votes should comprise what is in the best long-term interests of all Lake Forest citizens, measured in decades, being mindful of proven precedents and new precedents that may be created. . All points of view should be listened to and considered in making decisions with thelong-term benefit to Lake Forest's general public welfare being the highest priority. . Fundmg decisions should support effectiveness and economy in providing servicesand programs, while mindful of the number ofcidzens benefittmg from such expenditures. . New initiatives should be quantified, qualified, and evaluated for their long-tenn merit and overall fiscal unpact and other consequences to the community. . Decision makers should be proactive and timely in addressing sto-ategic planning initiatives, external forces not under control of the City, and other opportunities and challenges to the community. Community trust in, and support of, government is fostered by maintaining the integrity of these decision-making parameters. The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on anannual basis and shall be included on all agendas of the City Council and Boards and Commissions. 9 The City of Lake Forest CITY COUNCIL MEETING Proceedings of the Monday, September 18, 2023 City Council Meeting – City Council Chambers 220 E Deerpath, Lake Forest, IL 60045 CALL TO ORDER AND ROLL CALL: Mayor Tack called the meeting to order at 6:30 p.m., and City Clerk Margaret Boyer called the roll of Council members. Present: Mayor Tack, Alderman Novit, Alderman Waldeck, Alderman Notz, Alderman Powers, Alderman Preschlack, Alderman Goshgarian, Alderman Weber, and Alderman Walther Absent: Alderman Goshgarian CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE was recited by all. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR Mayor Tack thanked members of the community for attending the recently successful “Coffee in the Parks” with the Alderman. COMMENTS BY CITY MANAGER A. Community Spotlights -The American Legion, McKinlock Post No. 264 - Jim Holmes - Post Commander, Lake Forest American Legion Post No. 264 -Tom Marks - President of The American Legion, McKinlock Foundation City Manager Jason Wicha introduced both Jim Holmes, Post Commander and Tom Marks, President of the American Legion McKinlock Foundation. Mr. Marks invited the City Council along with the community to the Monument Dedication at Veterans Park on Sunday, September 24 at 1:00 pm. Jim Holmes presented the City with a check for repayment of a promissory note in conjunction with the monument. City Manager Wicha thanked all those involved in bringing this project forward and congratulated the Legion on all the efforts. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL COMMITTEE REPORTS ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of September 5, 2023, City Council Meeting Minutes 10 Proceedings of the Monday, September 18, 2023 City Council Meeting 2. Waive the Bidding Process and Authorize the Office of the City Manager to enter into a Contract for Consulting Services with Baker Tilly US, LLP to Conduct an Organizational Workload Analysis for the amount of $60,000 3. Replace Existing Section 152.30 of the City Code with the Lake County Watershed Development Ordinance as Approved by the County of Lake on July 11, 2023 with its Adoption by Reference COUNCIL ACTION: Approve the three (3) omnibus items as presented Mayor Tack asked members of the City Council if there were any items that they would like removed or taken separately. Seeing none, he asked for a motion. Alderman Notz made a motion to approve the three (3) Omnibus items as amended, seconded by Alderman Preschlack. The following voted “Aye”: Alderman Novit, Waldeck, Notz, Powers, Preschlack, Weber and Walther. The following voted “Nay”: none. 7-Ayes, 0-Nays, motion carried. Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact, Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda. OLD BUSINESS 1. Consideration of a Resolution Directing Conversion of Bank Lane from Deerpath to Illinois Road, to One Way south along with Reconfiguration of the On Street parking as a Limited Time Trial. (Approve by motion.) Catherine Czerniak, Director of Community Development stated that the City Council approved an updated chapter of the Comprehensive Land Use Plan relating to the Central Business District at its August meeting. As part of that approval, the Council identified priorities for the short term and the next three to five years. The Council provided specific direction to focus on opportunities to enhance Bank Lane as a pedestrian corridor. The concept of converting Bank Lane, between Deerpath and Illinois Road to one way south came up several times during the almost year long discussion of the Central Business District. A real time pilot project will offer valuable insights into whether the one-way concept could offer benefits from safety, aesthetic, pedestrian experience, and business opportunity perspectives. This initiative will position the City well to plan for the future of Bank Lane. Ms. Czerniak noted, any future permanent change would come back to the City Council via Ordinance. Ms. Czerniak reviewed the steps that would be taken in facilitating this pilot project include but not limited to communications with residents, businesses, signage, and curb stops to avoid vehicles parking in the diagonal parking spaces from overhanging the sidewalk. The City Council had lengthy discussion on the Bank Lane parking structure, potential redevelopment, traffic impact on Deerpath, a survey and data collection. Mayor Tack noted this is an experiential study, meaning living and working with it to get a feel. Mayor Tack asked if there were any members of the public who would like to comment. Rommy Lopat offered her opinion to the City Council on how the planning should be done for this project and that it will inconvenience the town. 11 Proceedings of the Monday, September 18, 2023 City Council Meeting Mayor Tack asked if there were any other members of the public who would like to comment. Seeing none, he asked for a motion. COUNCIL ACTION: Approve a Resolution by motion directing the conversion of Bank Lane, between Deerpath and Illinois Road, to one way south and reconfiguration of the parking to diagonal spaces along the west side of the street. Alderman Preschlack made a motion to approve a Resolution by motion directing the conversion of Bank Lane, between Deerpath and Illinois Road, to one way south and reconfiguration of the parking to diagonal spaces along the west side of the street, seconded by Alderman Powers. The following voted “Aye”: Alderman Novit, Waldeck, Notz, Powers, Preschlack, Weber and Walther. The following voted “Nay”: none. 7-Ayes, 0-Nays, motion carried. NEW BUSINESS 1. Consideration of a new Ordinance, Chapter 79, prohibiting the use of Recreational Powered Scooters in the Central Business District (First Reading and, if appropriate, final approval). Karl Walldorf, Chief of Police introduced the changes to Chapter 11 and the creation of Chapter 79, which will prohibit the use of Recreational Powered Devices in the Central Business District and allow members of the police department to enforce violations of said Ordinance. He also stated that the ordinance was flexible enough to apply to a wide array of current and future devices. The City Council had lengthy discussion that included the topics of pedestrian safety, Police, SRO, School and Parent education, boundaries, signage, licensing, the bike path, enforcement, statistical data on accidents or lack thereof, helmets and issuance of tickets. Mayor Tack then asked if there were any members of the public who would like to comment. Jeff Page offered his comments to the City Council on how many scooters he recorded in the Central Business District and offered an ordinance proposing no bikes and larger signs. Katie Manley offered her opinion to the City Council on the divide in the community stating kids need education and asked what is the City doing to educate. Rommy Lopat offered her opinion to the City Council on previously licensing bikes, and an education campaign. Mayor Tack noted that the issues of scooters has been a priority since day one. The City has taken great effort to educate and sign the central business district. Everyone’s safety is an issue at hand. This item will be heard for first reading only this evening. Mayor Tack asked if there were any other members of the public who would like to comment. Seeing none, he asked for a motion. COUNCIL ACTION: If deemed appropriate by the City Council, waive the first reading of an Ordinance amending Chapter 11, titled "City Administrative Hearing System," and creating Chapter 79, titled "Recreational Powered Devices," of the City Code, and grant final approval. 12 Proceedings of the Monday, September 18, 2023 City Council Meeting Alderman Notz made a motion to approve first reading of an Ordinance amending Chapter 11, titled "City Administrative Hearing System," and creating Chapter 79, titled "Recreational Powered Devices," of the City Code, seconded by Alderman Weber. The following voted “Aye”: Alderman Novit, Waldeck, Notz, Powers, Preschlack, Weber and Walther. The following voted “Nay”: none. 7-Ayes, 0-Nays, motion carried. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS Alderman Waldeck noted that Lake Forest College ranked # 27 in the Wall Street Journal. Alderman Powers asked the community to help [kindly] educated the children who are riding their scooters in the Business District. ADJOURNMENT There being no further business Mayor Tack asked for a motion to adjourn. Alderman Walther made a motion to adjourn, seconded by Alderman Novit. Motion carried unanimously by voice vote at 7:31 p.m. Respectfully Submitted, Margaret Boyer, City Clerk A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in the Clerk’s office at City Hall. You can also view it on the website by visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived Meetings Videos. 13 THE CITY OF LAKE FOREST ORDINANCE NO. 2023-____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE REGARDING RECREATIONAL POWERED DEVICES Adopted by the City Council of the City of Lake Forest this day of 2023 Published in pamphlet form by direction and authority of The City of Lake Forest Lake County, Illinois this day of 2023 14 2 THE CITY OF LAKE FOREST ORDINANCE NO. 2023-_____ AN ORDINANCE AMENDING CHAPTER 11 CITY ADMINISTRATIVE HEARING SYSTEM AND CREATING CHAPTER 79 RECREATIONAL POWERED DEVICES OF THE LAKE FOREST CITY CODE WHEREAS, The City of Lake Forest is a home rule, special charter municipal corporation; and WHEREAS, The City of Lake Forest has enacted certain ordinances relating to the use of numerous types of vehicles; and WHEREAS, from time to time, it is appropriate to review, update, and modify the City of Lake Forest Code to ensure that it appropriately reflects current practices and complies with state law; and WHEREAS, The City of Lake Forest desires to update the current provisions of the City Code as set forth in this Ordinance; and WHEREAS, the Mayor and City Council, having considered the recommendation for amendments to the Code as it relates to the regulation of vehicles in the Central Business District, have determined that adopting this Ordinance and creating Chapter 79 as hereafter set forth, will be in the best interests of the City and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, AND STATE OF ILLINOIS, AS FOLLOWS: SECTION ONE: Recitals. The foregoing recitals are hereby adopted by this reference as the findings of the City Council and are hereby incorporated into this section as if fully set forth. 15 3 SECTION TWO: Amendments to City Code. Chapter 11, entitled "City Administrative Hearing System," is hereby amended and a new Chapter 79, entitled "Recreational Powered Devices," is hereby added to the Lake Forest City Code, as set forth in Exhibit A which is attached hereto and made a part hereof. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this ____ day of _________________________, 2023. AYES: NAYS: ABSENT: ABSTAIN: Approved this __ day of _________________________, 2023. _____________________________ Mayor ATTEST: _______________________________ City Clerk 16 4 Exhibit A Proposed text is shown in bold, double underlined, stricken text in strikethrough. Section 100.02, entitled “Establishment of an Administrative Hearing System’ of Chapter 11, entitled "City Administrative Hearng System," of the Lake Forest City Code is hereby amended as follows: § 11.02 ESTABLISHMENT OF ADMINISTRATIVE HEARING SYSTEM. There is hereby established and created within the City a Code Hearing Unit (as more fully described in § 11.04) that will administer an administrative hearing system to enforce and adjudicate violations ("violations") of the following chapters of the city code, as amended from time to time (the "code"), and all subchapters within such chapters, as the same have been, and may from time to time hereafter be, amended: (A) Title VII, Traffic (except for moving violations under this chapter); (B) Chapter 75, Bicycles; (C) Chapter 79, Recreational Powered Devices; (D) Chapter 91, Animals and Fowl; (E) Chapter 94, Fire Prevention; (F) Sections 95.001, 95.110 through 95.112, 95.125 through 95.133, 95.145 through 95.147, 95.160, 95.161 and 95.195; (G) Chapter 111, Alcoholic Beverages; (H) Chapter 117, Peddlers, Solicitors and Canvassers; (I) Title XIII, General Offenses; (J) Chapter 150, Buildings; and (K) Such other city ordinances and code provisions as the City Council may, from time to time, designate in accordance with applicable law. 17 5 A new Chapter 79, entitled "Recreational Powered Devices," is hereby added to the Lake Forest City Code, as follows: Chapter 79 RECREATIONAL POWERED DEVICES § 79.01 Definitions: For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. Recreational Powered Device- A device with one or more wheels that can be stood upon or sat upon while riding, that is powered by a motor or a combination of a motor and human power. Recreational powered devices are typically intended for one or two riders and may, or may not, have pedals or handlebars. This definition includes, but is not limited to, electric bicycles, electric scooters, and electric skateboards. "Recreational Powered Device" does not include mopeds, motor-driven cycles, motorcycles, or motor vehicles. Central Business District- Such district shall include all streets, sidewalks, and public ways within the area bounded by, and including, the streets of Illinois Road on the south, Wisconsin Avenue on the north, Oakwood Avenue on the west, Western Avenue on the east, and the length of Western Avenue extending from Westminster Avenue north to Woodland Road § 79.02 It is unlawful for any person to do any act forbidden or fail to perform any act required in the chapter. Penalty, see § 79.99 § 79.03 Operation of Recreational Powered Devices (A) Every person operating a recreational powered device in any street, sidewalk, or public way in the City shall be subject to the provisions of all state vehicle laws and all traffic ordinances. If there is a conflict between this chapter and a state law, the stricter regulation shall control. It shall be unlawful for any person operating a recreational powered device to fail or refuse to comply with any order, signal or direction of a police officer, or 18 6 to disobey the instructions of any official traffic sign, signal or other traffic control device. (B) Use prohibited on sidewalks inside the central business district. It shall be unlawful for any person to operate a recreational powered device upon any sidewalk in the central business district. Recreational powered devices shall be walked only, in a dismounted manner, by those operators of recreational powered devices in the central business district. (C) Only a licensed motor vehicle operator with a valid motor vehicle operator's license in their possession may operate a recreational powered device upon any street in the central business district. (D) Due and proper care shall at all times be exercised by the recreational powered device operator for the pedestrian(s). Under all circumstances, recreational powered device operators riding or walking their recreational powered devices shall yield the right-of-way to pedestrians. § 79.04 Exceptions (A) The restrictions contained in this chapter do not apply to any personal assistive mobility device or to any motorized wheelchair. (B) The restrictions contained in this chapter do not apply to Police, Fire, or Public Works employees in the performance of their duties. § 79.99 Penalty (A) Unless otherwise specified herein, any and all persons convicted of a violation of any provision of this chapter may be punished by a fine of not less than $100, nor more than $300, for each such offense. The Police Department may notify the parents or legal guardian of any minor who receives a warning or charge of violating any provision of this chapter. In addition, any cost of collection of fines or other amounts due to the City under this section may be assessed in accordance with § 10.99 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 8 8 9 265 11 0 0 350274293307374 436293-297343333-3351 0 6 0 3909 8 5 1087 3272941 0 8 8 1038 1129 4 5 0 1165 1 0 7 7 3062923522882842753121078322308290316300338-3409 2 1 254 1 0 8 0 11551150276 355883 8 7 7 9012 8 3 2 8 1 410269 1110 1137 363 3671170299 341 882440 3421005 3851 0 5 0 1 0 8 3 3 9 5 4201 0 9 1 2793053599 91 1118 3293153492441133 370 305-30733132137611518 9 6 8813263043341161 10 90 3303483661119 9 7 7981 3561 0 6 9 380373 1101 9 2 031911263772 8 21107 1 0 9 6 3331 0 6 6 1175 11 6 0 2854259 9 7 301366290299300 3151100 2843743064103 0 7 390359 E W O O D L A N D R D N MCKINLEY RDE SCOTT ST N GRIF FI TH RD N EDGEWOOD RD8 9 0 32811 7 0 E WISCONSIN AVE E WISCONSIN AVE E GRANBY RD E ROSE TER E R O S E TE R N CHURCH RD N WESTERN AVE93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Historic Preservation Commission Minutes – August 23, 2023 Page 1 of 12 Historic Preservation Commission Proceedings of the August 23, 2023 Meeting A meeting of the Lake Forest Historic Preservation Commission was held on Wednesday, August 23, 2023, at 6:30 p.m. at the City of Lake Forest City Hall, 220 E. Deerpath, Lake Forest, Illinois. Historic Preservation Commissioners present: Chairman Maureen Grinnell and Commissioners Lloyd Culbertson, Elizabeth Daliere, Tina Dann-Fenwick, Geoffrey Hanson, Robin Petit and Leif Soderberg. Commissioners absent: None City staff present: Catherine Czerniak, Director of Community Development Jennifer Baehr, Planner *** 6. Continued consideration of a request for a Certificate of Appropriateness to allow the existing cedar shingle roof to be replaced with a synthetic material on the residence located at 333 Woodland Road. Property Owners: Mary Therese and Greg Williams Project Representative: Mary Therese Williams Chairman Grinnell asked the Commission for any Ex Parte contacts or conflicts of interest. Hearing none, she invited a presentation from the petitioner. Ms. Williams stated that she and her husband purchased the home several years ago with the knowledge that the roof needed to be replaced. She stated that over the past four years she has researched different roofing options and ways to address moss accumulation and rodent invasion. She stated that she also consulted a contractor who works on historic homes and her insurance broker. She stated that she concluded that replacing the roof with another cedar shingle roof is not an option she wants to pursue. She explained that the DaVinci roof product she is proposing is in keeping with the beauty the home and will not adversely impact the neighborhood. She stated that replacing the cedar shingle roof with asphalt shingle in her opinion, will not add to the appearance of her home. She reviewed the questions and comments raised by the Commission about the roof product at the last meeting. She presented images of a newer hotel in Montana with a DaVinci roof noting that the roof blends in well. She pointed out the keyways, end caps, and the roof cap in the images. She noted that the images reflect how the DaVinci roof product can be installed in three tiers to have the appearance of randomness. She noted that composite roofs were installed on homes on Symphony Street in Lake Forest but were not installed properly and as a result, present an even look that does not look natural. She stated that she contacted roof supply companies across the 120 Historic Preservation Commission Minutes – August 23, 2023 Page 2 of 12 Country, and they stand behind the DaVinci synthetic product. She noted that she learned about another composite roof product, CeDUR and stated that she was told by three supply companies that CeDUR is a bad product. She stated that three years ago, she replaced a portion of the garage roof with cedar shingles and noted that the shingles are very thin and are lifting already. She presented images of homes in the community with cedar shingle roofs and composite roofs and acknowledged that there is a distinguishable difference but stated that the integrity of the surrounding neighborhood is not negatively impacted. She noted that as a cedar shingle roof ages, it changes colors. She stated that the proposed roof product looks like an aged wood shingle. She explained that the DaVinci brand roof product has more dimensionality and character than an asphalt shingle roof. She stated that she needs to replace the roof by October and will be disappointed to replace it with asphalt shingles. She stated that her hope that is that the Commission can reach a decision now and noted that the Commission originally heard her request at the end of June, Ms. Czerniak stated that the Commission has identified this issue as an important one and to date, has devoted time to it and has committed to continued consideration and study. She noted that this is not the first time that the Commission has been faced with evaluating new materials for consistency with the Commission’s standards adding that each time, the Commission has very diligently and thoughtfully considered whether the new products warrant moving away from the requirements for traditional and historic materials in the Historic Districts. She reviewed that there was a time when the Commission required true divided lite windows and after much study, due diligence, and after the evolution of simulated divided lite products to an acceptable quality and character, the Commission approved the use simulated divided lite windows going forward. She noted that the Commission concluded that the quality of simulated divided lite windows evolved to a point that they offer shadow, depth, and profiles that all closely match the quality and historic appearance of true divided lite windows. She explained that the same due diligence occurred before the Commission ultimately moved away from requiring all wood windows to approving aluminum clad wood windows after the product evolved to a point where it satisfied the applicable standards. She reviewed that the Commission held a workshop in June to get information about the various synthetic/composite products now available for siding, trim and roofs. She stated that the Commission invited six architects who frequently work in the Historic Districts in Lake Forest and other North Shore communities to talk about their experiences with and opinions of the different products available in the context of historic districts. She reviewed that the Commission has committed to continuing to continue to evaluate new materials that become available and to conduct a follow up workshop to view various roof installations in the context of different neighborhoods. She stated that the Commission has discussed the possibility of identifying characteristics of different roof products that could satisfy the 17 Standards. She stated that to date, the Commission has raised concerns that the synthetic roof products have not evolved to a point where they meet the applicable standards. She noted that the Commission raised concerns about the product attempting to imitate a natural product instead of having a texture and finish that create a distinct material with characteristics that are 121 Historic Preservation Commission Minutes – August 23, 2023 Page 3 of 12 compatible with the Historic District. She reviewed that the petition was previously considered by the Commission at the June meeting and was continued to allow further study. She stated that the petition is back before the Commission now, before the Commission completes further study, at the request of the petitioner. She provided background on the house that is the subject of this petition noting that the home was originally roofed with asphalt shingle and was reroofed with asphalt shingle in 1964. She added that in 2001, a previous owner removed the asphalt shingle roof and replaced it with cedar shingles. She noted that either asphalt or cedar shingles are appropriate and commonly used on residences of this architectural style. She added that both asphalt and cedar shingles have traditionally been used in the Historic Districts and that both roof types are found on homes surrounding the petitioner’s home, on the same block. She noted that the Commission has acknowledged that because old growth wood is not readily available for cedar shingles and despite the fact that many homes are still being reroofed and built with cedar shingle roofs, it is timely for the Commission to spend additional time studying and evaluating the various alternative roof products that are available. She noted that cedar roofs require maintenance as with any element of an historic home. She stated that there is a recommendation in the staff report to grant a Certificate of Appropriateness approving replacement of the roof with cedar or asphalt shingles and a recommendation to deny the request for a Certificate of Appropriateness to allow a synthetic roof to be installed based on the information reviewed to date by the Commission and pending further study by the Commission. Commissioner Dann-Fenwick noted that she visited homes outside of the Historic District with synthetic roofing and found that many of the homes have a more modern look or are new construction. She noted that there is a significant difference between the areas in which synthetic roof products have been installed and the Historic District. She noted that cedar shingles are thinner and less durable than cedar shakes and suggested that the problems experienced by the petitioner with the current cedar roof likely revolve around past maintenance practices and the expected longevity of cedar shingles. In response to questions from Commissioner Dann-Fenwick, Ms. Williams stated that she considered various types of cedar roof products. She stated that has learned that many insurance providers no longer insure cedar roofs. She stated that her roof contractor told her that about 40 percent of the roofs he installs are composite roofs. She stated that in her opinion, either cedar shingles or shakes are an inferior product adding that the longevity of wood cannot be guaranteed. Commissioner Dann-Fenwick stated that she recently replaced her roof and prior to doing so, did quite a bit of research. She stated that certified cedar shingles are available and noted that cedar shingles are available in thicknesses up to three quarters of an inch which protects against level four hail damage. In response to questions from Commissioner Culbertson, Ms. Czerniak stated that to date, the Commission has not approved the use of synthetic roofing. She noted that 122 Historic Preservation Commission Minutes – August 23, 2023 Page 4 of 12 recently, the City issued a permit for a cedar roof replacement however, the roofer used a synthetic product instead. She stated that as in any case where work is not consistent with the approval granted, the matter is being pursued from an enforcement perspective. She noted that prior to approving the use of a synthetic siding product on a new house in the Historic District, the Commission viewed a side by side mock-up of natural and synthetic products and identified characteristics of the synthetic product that aligned with the Commission’s standards and noted that the product did not attempt to imitate a natural material. She stated that the Commission does not specify specific manufacturers of products, but instead identifies characteristics of products and determines whether or not given the characteristics, the standards are satisfied. She noted that given the fact that there are varying qualities of products, identifying key characteristics could clarify what types of new products may be acceptable to the Commission based on the standards that must be applied. Commissioner Petit noted that the Commission previously expressed concern about the treatment at the edges of the synthetic product and noted that the Williams’ home has front facing gables which will display that edge, which is distinctly different from the profile of a cedar roof, prominently to the street. She noted that the images of cedar roofs presented by the petitioner are primarily hip roofs, without prominent front facing edges. She expressed concern about the Commission establishing guidelines or identifying characteristics until there is a better understanding of the product and its performance. She expressed concern about a decision that could allow an inferior product to be used. In response to questions form Commissioner Hanson, Ms. Williams noted that the randomness found on a cedar roof can be achieved with a synthetic product through installation methods such as layering. She stated that her selected product, DaVinci, has a more random multi-width product than other similar products but noted that in her opinion, the random product appears engineered. She confirmed that the synthetic shingles are available in various widths, four, six, eight and ten inches. She stated that her roof contractor is recommending the eight and ten inch widths which is a standard installation. In response to questions from Commissioner Daliere, Ms. Williams confirmed that the garage will also be reroofed. Commissioner Daliere noted that many of the images shown in the petitioner’s presentation are of newer buildings, rather than historic buildings. In response to questions from Commissioner Daliere, Ms. Williams stated that there are many historic districts that allow synthetic roof products. She stated that she has seen the CeDUR product and thought it looked great however she noted that she has heard from roofers that they believe that manufacturer produces an inferior product. 123 Historic Preservation Commission Minutes – August 23, 2023 Page 5 of 12 Commissioner Daliere reiterated that the Commission cannot dictate a specific manufacturer but can identify visual characteristics that need to be met. Ms. Williams noted that the Commission has the ability to consider each petition on its own merits regardless of previous approvals without concern for setting a precedent. in response to questions form Commissioner Soderberg, Ms. Czerniak explained that the Commission could choose to identify particular physical or visual characteristics that potentially could allow a synthetic roof product with certain visual qualities to satisfy the 17 standards. She noted that the visual qualities could include sheen, finish, texture, thickness, or the fact that the product does not imitate a natural material. She noted that the Commission may determine that certain products may be appropriate on new construction in the Historic District, but not on historic structures. She stated that it is important that the Commission maintain some consistency in how petitions are evaluated. She confirmed that if a homeowner proposes to replace a cedar shingle roof with another cedar shingle roof, no Commission review is required. She stated that as part of the permitting process, specifications of the proposed material are considered and after installation, the roof is inspected to verify that installation occurred consistent with the approved plans and the permit that was issued. She stated that if a significant change is proposed, staff refers the petition to the Commission. She suggested that after the Commission determines that it has enough information to do so, the Commission will need to take a position on the use of various types of synthetic products. She noted that this topic will not go away. In response to questions from Commissioner Culbertson, Ms. Czerniak confirmed that natural slate has been approved on some historic houses even if it was not the original roof material. She noted that the Commission consistently requires that the elements of a structure, fenestration, entrances, pillars, roof forms, or exterior materials, are consistent with and appropriate for the architectural style of the structure. In response to questions from Commissioner Culbertson, Ms. Williams stated that natural slate is not an option due to cost. In response to questions from Commissioner Dann-Fenwick, Ms. Czerniak stated that she believes that the cedar roofs in the vicinity of the Williams’ home are primarily shingles rather than shakes. In response to questions from Commissioner Dann-Fenwick, Ms. Williams stated that the ridge caps and end caps for the synthetic roof can be cut on site, so the edges are clean. Commissioner Dann-Fenwick noted that the synthetic roof products are thin and hollow underneath and as a result, an end piece is needed at the gable ends to cover the exposed edge of the synthetic shingle. She stated that a significant concern with the synthetic product is how the ends are finished. She noted that the 124 Historic Preservation Commission Minutes – August 23, 2023 Page 6 of 12 cedar shingles overlap slightly and have a thickness that is not found and is visually different than the synthetic product. She stated that it is unclear to her how the synthetic product manufacturers will manage to eventually overcome the problem at the edges without adding the extra end cap. Commissioner Soderberg stated that many of the homes in the Gloucester Crossing development were reroofed with a DaVinci synthetic roof product and have end caps. He stated that he is unsure if the end cap is required for installation reasons, or it the end cap is required for certain types of shingles. He observed that different products have different styles and may use different technologies and installation methods. Ms. Williams stated that she is unsure if the product she is proposing is hollow underneath. Commissioner Petit noted that when the Commission considered a synthetic siding product the petitioner prepared a side by side mock up on the site and effectively demonstrated the visual qualities after installation of both the natural product and the synthetic product. She suggested that a mock up could be helpful in allowing the Commission to evaluate roof products adding that it is difficult to review the product based on pictures. Commissioner Daliere suggested that the petitioner allow the Commission to complete its study of roof materials and then return to the Commission for a decision. Commissioner Culbertson noted that it is his understanding that the petitioner wants to replace the roof before October. Chairman Grinnell noted that the Commissioners are hesitant to act quickly on an important issue that will have broad implications. She stated that the Commission wants to do the right thing. She noted that the Commission recognizes that the petitioner has concerns about cedar shingles and has found a solution that seems to her to address those concerns. She explained that the Commission is obligated to consider the request based on the 17 Standards and stated that the Commission’s evaluation has identified several Standards that are not met which is a concern. She pointed out that the home originally had an asphalt roof and noted that asphalt is an appropriate material for the style of home. In response to a question from Commissioner Hanson, Ms. Czerniak stated that the Commission considers color palettes for new construction but noted that for a roof replacement, unless the color is determined to be incompatible with the house or neighborhood, the project would be approved administratively by staff. Hearing no further questions from the Commission, Chairman Grinnell invited public comments. 125 Historic Preservation Commission Minutes – August 23, 2023 Page 7 of 12 Bob Moulton-Ely, 420 Woodland Road, stated that the quality of the DaVinci product has already been addressed since it has already been installed in the community outside of the Historic District. He stated that the CeDUR roof product has negative reviews. He stated that unless the City is willing to subsidize the installation and maintenance of cedar and slate roofs, asphalt or synthetic roofs manufactured by DaVinci are the options. He stated that he would rather see a DaVinci roof product than an asphalt roof on the home. He stated that his home is also in the Historic District and stated that he would prefer the DaVinci product over an asphalt product. Alice Moulton- Ely, 420 Woodland Road, stated that she and her husband strongly support the petition to reroof the home with DaVinci brand roof shingle. She explained that she visited homes in the community with synthetic roofing and stated that she could not tell the difference between the synthetic roofing and natural cedar shingle roofs. She stated that she and her husband lived in a 1730 house in New Jersey, and it had original windows and a wood shingle roof that was installed correctly, meaning that the shingles were nailed to horizontal laths or sheathing boards spaced several inches apart. She stated that she asked a roofing contractor about cedar shingle roofing, and he said that long lasting heartwood shingles are not available except as special orders from Canada and even then, they are in short supply. She stated that she has confirmed this fact through research. She stated that today, cedar shingles are installed with sheets of plywood underneath to prevent water leaks, but as a result, the wood shingles do not dry out. She questioned how the petitioner can be expected to use cedar shingles, which are, in her opinion, an inferior product that will be installed using a questionable method which will cause the roof to fail prematurely. She stated that she installed 30 year asphalt shingles on her garage, and they started cracking and falling off within ten years. She stated that the particular asphalt shingle product she used was later recalled. She stated that regardless of durability, in her opinion, an asphalt shingle roof would not look right on a Colonial Revival home. She stated that asphalt shingle is not a historic material. She stated that that the best solution to a durable, long lasting and appropriate roof is a synthetic product that looks like wood shingles like the one exhaustively researched by the petitioners. She stated that she and her husband are ardent historic preservationists adding that her husband fully restored a mid-19th Century church in Missouri. She noted that until a few years ago she was on the Lake Forest Preservation Foundation Board and served as secretary, treasurer and president. She urged the Commission to support the petition. Jason Ackerman,1087 Edgewood Road, stated support for the petition. He stated that both the Commission and the petitioner are in unenviable positions. He stated that the petitioner has done exhaustive research to find the right solution for the home. He commented that unfortunately the petitioner is the first to bring this issue before the Commission but noted that moving to synthetic products appears to be the direction the industry is moving. He recognized that this is an opportunity for the Commission to decide whether to pivot and change with the evolution of a new product. He stated that the Commission has studied and approved new products in the past and acknowledged that maybe synthetic roof products have not evolved 126 Historic Preservation Commission Minutes – August 23, 2023 Page 8 of 12 enough or maybe it has. He stated that someone has to be first and commended the petitioner for the research that was completed and for bringing the issue forward. He added commended the Commission for going through the process of trying to find the right solution and acknowledged that it is not easy. He encouraged the Commission to make a decision so the petitioner can move forward one way or another. He added that if synthetic roof products are not approved, it would be disappointing as a neighbor and homeowner. He encouraged the Commission to complete its study and if appropriate develop characteristics or standards under which synthetic roof products could be acceptable. He encouraged a decision sooner, rather than later. Marcy Kerr, Executive Director, Lake Forest Preservation Foundation, noted that the Foundation provided written correspondence to the Commission. She thanked the petitioner for the stewardship of the beautiful residence noting that it contributes to the Historic District. She stated that it is obvious that the petitioner cares deeply about the home and its historic character. She stated that the Foundation believes that the proposal does not adhere to the Commission’s Standards. She urged the Commission to think carefully about making a commitment to accept synthetic roof products noting that once the Commission grants approval, it will be difficult to regulate the various types of synthetic products that are available. She acknowledged the need to be progressive when considering projects in the Historic Districts but noted that decisions require careful thought and consideration. She acknowledged that guidelines on synthetic materials could be helpful in evaluating future requests and providing direction to petitioners. She thanked the Commission and the petitioners for the efforts and study to date. She stated that the Foundation agrees that there needs to be more research and asked the Commission to continue the petition. Jan Gibson, 59 Franklin Place, acknowledged that the petitioner has done quite a bit of research but stated that more research is needed. She noted that the National Park Service outlines four circumstances that warrant the consideration of substitute materials and suggested that those be considered in evaluating this request. She stated that the first circumstance is important and relates to this petition because speaks to whether the historic material is unavailable. She noted that if the historic material is not available, then other materials can be considered. She acknowledged that Redwood forests which were once plentiful are now depleted but noted that Alaskan Yellow Cedar trees are prevalent in the Northwest and provide wood for cedar shingles. She stated that the second circumstance that warrants consideration of substitute materials is whether or not craftsmen are available to work with the historic materials. She noted that the third circumstance under which substitute materials are allowed is if there are inherent flaws in the original materials. She stated that the fourth circumstance under which substitute materials are allowed is if the building codes require different materials. She noted that it is very important that cedar shingles be installed properly with strapping underneath and proper nails. She stated that asphalt shingle would be acceptable in this case because of the use on the original home, or cedar shingles. She stated 127 Historic Preservation Commission Minutes – August 23, 2023 Page 9 of 12 that based on the discussion, it does not seem like the Commission is ready to approve synthetic roofing. Hearing no further requests to speak, Chairman Grinnell invited final questions. In response to questions from Commissioner Culbertson, Ms. Williams stated that cedar shingles are not an option and stated that asphalt shingles do not offer the character or the look she wants to achieve. In response to questions from Chairman Grinnell, Ms. Williams stated that the roofing season ends in October. She asked how a mock up could be done. She stated that when she looked at the synthetic roof product up close, it does not look good, but noted that it looks better up on the roof, at a distance. In response to questions from Commissioner Daliere, Ms. Czerniak stated that if the Commission decides to establish standards on which synthetic roof products would be evaluated, staff will draft the standards based on the Commission’s discussion and direction and present them for review. She noted that the Commission has requested a tour to view various roof products as installed adding that the Commission could, as part of that workshop, discuss standards or desired characteristics that would be needed in a synthetic product. Chairman Grinnell stated that the Commission’s challenge is the desire to make the best possible decision, as quickly as possible, but noted that there are a number of repercussions when the Commission starts approving non-traditional materials in the Historic Districts. She stated that approving non-traditional materials will be a big change for the Commission and for the properties in the Historic Districts. In response to questions from Commissioner Petit, Ms. Czerniak stated that approval of synthetic roofing in this case could set a precedent for future Commission considerations. She stated that in issuing a Certificate of Appropriateness, the Commission must make findings in support of the decision. She stated that although the Commission considers the specific facts of each petition individually, there is consistency in the Commission’s decisions overall. She stated that it is important that the Commission is clear on what is being approved and how the standards are satisfied. Hearing no further questions from the Commission, Chairman Grinnell invited final comments from the Commission. Commissioner Dann-Fenwick stated that she understands that synthetic roof material is intended to last for 40 years but noted that plastics degrade over time. She noted that at this time, it is unknown for instance how the plastic material will be affected by prolonged exposure to the sun. She noted that the oldest synthetic roof referenced in the materials provided by the petitioner was installed in 2013. She stated that the end caps and ridge caps are distinctly different in appearance from a cedar roof and 128 Historic Preservation Commission Minutes – August 23, 2023 Page 10 of 12 noted that it is unclear how those elements will affect the overall appearance of the house particularly on the front facing gables. Commissioner Soderberg stated that he believes that synthetic products are becoming more widely available but questioned how the Commission can embrace this direction to the satisfaction of all constituencies and from a balanced point of view. He stated concern about the unknowns related to the aging of the synthetic product and the precedent being set with approval at this time. He acknowledged that there may be data demonstrating how the product ages but noted that the Commission has not yet seen that information. He stated that the Commission has to be prepared to stand behind the decision because more petitions will come forward. He questioned the visual compatibility of a synthetic roof product on older homes and on homes of different architectural styles. He questioned whether, at this time, the Commission is confident that the right framework is in place in terms of being able evaluate synthetic roof products each time this type of request comes before the Commission. He stated that in his opinion there is more work to be done to be able to evaluate synthetic roof materials in a disciplined fashion. Ms. Williams stated that with respect to the question about how the synthetic roof product ages, she stated that a coating of some type can be applied. Commissioner Daliere thanked the petitioner for bringing the topic forward and initiating the Commission’s deliberations. She stated that to date, the Commission has not yet developed a list of characteristics that may make a synthetic roof product acceptable. She referenced Standards 7 and 9 noting that in her opinion, the product presented does not satisfy those standards. She stated that going forward, synthetic roof manufacturers may be able to address the end caps and ridge caps which appear to be visually incompatible with the historic home. She agreed that little is known about how the product may degrade over time. She noted that Standard 15 refers to replacement of historic materials adding that originally, the house was roofed with asphalt shingles. Commissioner Hanson stated that the materials provided by the petitioner were well written and well researched. He noted that there are homes in his neighborhood with synthetic roof products and stated that he approached the petition with a bias toward finding reasons to approve the petition and in the spirit of approaching the petition with an open mind. He stated that his opinion changed when he visited various homes with synthetic roofs. He stated that he was disappointed with what he observed. He stated that the synthetic product was clearly distinguishable as such. He stated that one of the hurdles that the Commission has to overcome is more procedural in nature, setting a precedent with this decision with respect to future requests to use synthetic products in the Historic District. He explained that the Commission has to parameters and set predictable standards for use of new materials so that residents are informed as they make plans to improve their homes. He stated that in his observations, there is real visual difference between the synthetic product and traditional roof products with respect to two attributes, uniformity and sheen. He 129 Historic Preservation Commission Minutes – August 23, 2023 Page 11 of 12 stated that in the Historic District, there is a higher standard. He explained that as much as he would have liked to approve the petition, Standards 7 and 12, are clearly not met. He stated that he cannot support the petition. Commissioner Culbertson commended the Commissioners for offering excellent comments which speak to the complexity and difficulty of the issue. He stated that he lives in a neighborhood, outside of the Historic District, with some homes that have synthetic roofs that were original to the homes when they were built several years ago and commented that in his opinion, the roofs do not look very good. He acknowledged that synthetic roof products have likely evolved since those homes were constructed. He stated that in his opinion, the synthetic roof products do not match up visually to natural cedar. He stated that the synthetic roof products may ultimately evolve to a point where they could be acceptable in Historic Districts. He stated that the Commission is required to apply the Standards in the Code. He stated that it is difficult to imagine finding that a synthetic roof on an historic David Adler home would satisfy the standards. He reiterated that the synthetic roof product may evolve to a point where it meets the standards but noted that it is not there yet to allow use in the Historic District. Commissioner Dann-Fenwick stated that Standard 15 is the most relevant to this petition in her opinion because what is proposed is a repair/replacement of a deteriorated feature, so the Commission is bound by this Standard. She pointed out that Standard 15 states that in the event that replacement is necessary, the new material need not be identical, but should match the material being replaced in composition, color, texture, and other visual qualities. She stated that the synthetic roof product does not meet the standard. She also acknowledged that the product may evolve in the future. In response to questions from Commissioner Culbertson, Ms. Czerniak confirmed that the Commission could take two votes if desired, one to grant a Certificate of Appropriateness for either a cedar or asphalt shingle roof and a second vote on the request for a synthetic product. She acknowledged that the Commission has the ability to continue the petition to allow time for continued study but noted that the petitioner has requested clear direction. Commissioner Culbertson stated that he is not sure that the Commission will be able to come to a resolution on whether or not the use of synthetic roof products is consistent with the standards before October when the petitioner wants to replace the roof. Commissioner Soderberg stated interest in a mock up but acknowledged that based on the products currently available, he does not believe a mock up will change his evaluation. He stated that the Commission has visited many homes with synthetic roofs outside of the Historic District over the past couple months. 130 Historic Preservation Commission Minutes – August 23, 2023 Page 12 of 12 In response to a question from Commissioner Culbertson, Ms. Williams stated that she does not want the petition to be continued. Hearing no further comments from the Commission, Chairman Grinnell invited a motion. Commissioner Culbertson made a motion to grant a Certificate of Appropriateness approving the replacement of the existing roof at 333 Woodland Road with either cedar or asphalt shingles. The motion was seconded by Commissioner Daliere and approved by a vote of 7 to 0. Commissioner Culbertson made a motion to deny a Certificate of Appropriateness for the installation of a synthetic roof at 333 Woodland Road at this time. The motion was seconded by Commissioner Soderberg and was approved by a vote of 7 to 0. *** 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205