manager's memorandum / council work request ... - City of Naperville

MANAGER’S MEMORANDUM /COUNCIL WORK REQUEST REPORTPrepared for: Naperville City CouncilBy: City Manager’s Office03/22/2013A. MANAGER'S MEMORANDUM1. Source: TED Subject: FEMA Study Action: FYI2. Source: MayorsOfficeSubject: Liquor Commission Minutes2/7/13Action: FYI3. Source: TED Subject: Van Buren Parking Deck -Parking Guidance System RepairsAction: FYI4. Source: TED Subject: Illinois Route 59 Expansion Action: FYIB. COUNCIL WORK REQUEST REPORT1. Source: CMO Subject: Open Work Requests Action: FYI

CITY OF NAPERVILLEMEMORANDUMDATE: March 20, 2013TO:FROM:SUBJECT:Doug Krieger, City ManagerWilliam Novack, Director of TEDAndy Hynes, TED Project EngineerFEMA and DuPage County Floodplain StudiesPURPOSE:The purpose of this memorandum is to inform the City Council of floodplain studies beingconducted by the Federal Emergency Management Agency (FEMA) and DuPage Countythat include the Naperville area.BACKGROUND:FEMA Risk MAP ProgramFEMA, in coordination with the Illinois State Water Survey (ISWS), has announced that itis implementing its Risk Mapping, Assessment, and Planning (Risk MAP) program for allof the counties within the regional Des Plaines River Basin in 2013 (includes all ofNaperville). A component of this program involves holding “Discovery” meetings withstaff from each community.The stated purpose of the Discovery meetings is to provide FEMA and ISWS staff with anopportunity to review the flood risk data that has been gathered to date, discuss acommunity’s flooding history, land use development plan, flood risk concerns, andstormwater and floodplain management activities that may impact flood risk. Potentialmitigation actions to reduce flood risk will also be discussed.DuPage County Floodplain Modeling UpdatesDuPage County is currently working on updating the hydraulic models for 25 of thelocalized watersheds within DuPage County. Of these 25 watersheds, only the SteepleRun watershed falls within the boundaries of the City of Naperville. The Steeple Runmodel will include recent improvements made within this drainage area. The data fromthese models is being sent to the Illinois State Water Survey and FEMA to develop newfloodplain maps.DuPage County has indicated that it anticipates that draft versions of the new floodplainmaps will be released for public comment in October, 2013. Pending revisions and finalFEMA approval, the new maps are expected to become effective in October 2014.DISCUSSION:DuPage Mayors and Managers Conference (DMMC) ConcernsThe simultaneous DuPage County and FEMA floodplain projects have created confusionin many communities. As a result, the DMMC issued the attached letter (Attachment 1)

DUPAGE MAYORS AND MANAGERS CONFERENCEan association of municipalities representing 1,000,000 people1220 Oak Brook RoadOak Brook, Illinois 60523(630) 571-0480Fax: (630) 571-0484Founded June 19, 1962MEMBERMUNICIPALITIESAddisonAuroraBartlettBensenvilleBloomingdaleBolingbrookBurr RidgeCarol StreamClarendon HillsDowners GroveElmhurstGlendale HeightsGlen EllynHanover ParkHinsdaleItascaLisleLombardNapervilleOak BrookOakbrook TerraceRoselleSt. CharlesVilla ParkWarrenvilleWayneWest ChicagoWestmontWheatonWillowbrookWinfieldWood DaleWoodridgeMarch 4, 2013Anthony J. Charlton, P.E., DirectorDuPage County Stormwater Management DivisionJack T. Knuepfer Admin Bldg.421 N. County Farm RoadWheaton, IL 60187Dear Mr. Charlton:The DuPage Mayors and Managers Conference (DMMC) acknowledges the complexnature of flood hazard mapping. This complexity is true for both the county, state, andfederal agencies coordinating the data that informs this process and the municipalitiesand property owners whose homes, buildings, and parcels are identified through thisprocess. DMMC strongly believes that the most optimal outcome will be achievedthrough a process that is open, transparent, interactive, and responsive.DMMC understands that DuPage County has been working for the last several years toupdate the floodplain maps for various watersheds and tributaries in the county and thatthe changes resulting from these updates will be provided to the Illinois Department ofNatural Resources (IDNR) and the Federal Emergency Management Agency (FEMA)for their consideration in 2013 and as part of FEMA’s risk mapping, assessment andplanning program.As part of their communication with municipalities during this time, DuPage Countystaff made a commitment to provide affected communities with the opportunity formeaningful input on the proposed draft changes before staff would forward the data toany other agencies.Acting in response to this stated commitment, municipalities invested considerabletime, energy, and resources in reviewing the proposed draft changes, validating themapping and modeling data, recommending revisions to County staff, and detailingquestions via written and verbal correspondence about the map update process, as wellas the data collection and methodology used to create the new floodplain maps.To date, however, municipalities have not received a complete response from Countystaff to these inquiries. Moreover, no one agency has provided an overview of thebroader, interagency process of updating floodplain maps and improving floodhazard mapping for DuPage County.As a result, our member municipalities are without an understanding of the status oftheir own municipal floodplain maps as it relates to the County’s review, as well as theother agencies’ review. Also, municipal staff are unable to answer queries from electedofficials, residents, or other property owners who are aware that this mapping processPage 1 of 3

is underway. As well, DMMC is unable to advise our members about how to maximize opportunities forcomment on the map revision process.Recently communities were made aware of meetings scheduled for the end of March to be hosted by theIllinois State Water Survey (ISWS) – the DuPage County FEMA Flood Risk Discovery Meetings. Whilemunicipalities appreciate the opportunity to comment on proposed floodplain maps which may have asignificant impact on local communities, DMMC is concerned that municipalities have not been given anopportunity to fully review and understand the County staff recommendations informing the developmentof the maps to be presented at the Discovery Meetings.DMMC strongly believes that, before other agencies begin their part of the review process, affectedcommunities should be given answers to several key questions. Therefore, DMMC respectfullyrequests the County address the following questions at an upcoming meeting about the mappingprocess that has been scheduled for Wednesday, March 14, 11:30 am.What is the process for the map update and what approvals will need to be granted?What is the overall schedule (including milestones, opportunities for municipal/public/stakeholdercomment, and sign-offs from key decision makers)?Where are we now in the process?Which creeks and tributaries are being mapped? Which maps are complete? What is the process tocomplete the rest of the maps?Who are the stakeholders and what role are they playing in the mapping process (including some newplayers like Army Corps of Engineers and ISWS)?What model(s) are being used to map the floodplain?What specific data was used for the hydrologic modeling?What changes were already incorporated from the various letters municipalities have submitted (or,how, specifically, was municipal feedback incorporated)?What actually was submitted by the County to the ISWS (so that we can get a “heads up” on whatwill be shown at the Discovery Meetings)? Could the municipalities request and obtain copies of theCounty’s submittals relative to their jurisdictions, so that they could review the submittals ahead ofthe Discovery Meetings and be prepared to offer more meaningful comment?DuPage County communities understand the importance of having accurate floodplain maps that promotethe public interest through flood hazard mitigation while guiding positive economic growth for theCounty. Because of the potential financial impact on the residents and businesses of DuPage County, wealso believe the process should be open, transparent, and responsive; and that the map data at the heart ofthis process should be accessible to and understood by the municipal stakeholders. We ask DuPageCounty to respond to municipalities’ questions and provide this background information prior to ISWS,IDNR and FEMA review and consideration of map data for approval.We thank you for scheduling the March 14 meeting. It is our hope that, similar to the successfulcollaboration on the DuPage County Stormwater and Floodplain Ordinance update, DMMC, DuPageCounty, and the municipalities can work together for the common good of the residents and businesses ofDuPage County.Page 2 of 3

We look forward to working with you, your staff, Chairman James Zay, and the members of theStormwater Committee. If you have any questions, please contact me or Tam Kutzmark, Transportationand Planning Director.Best Regards,Mark Baloga, Executive DirectorCc: James F. Zay, Jr., Chair, DuPage County Stormwater CommitteeMunicipal Members, DuPage County Stormwater CommitteeTom Cuculich, DuPage County Chief of StaffSheryl Markay, DuPage County Government Affairs ManagerMayors/Presidents and Managers/AdministratorsMunicipal Stormwater AdministratorsPage 3 of 3

LIQUOR COMMISSION MEETINGFebruary 7, 2013The Liquor Commission met on February 7, 2013 in the Mayor’s Conference Room.Mayor Pradel called the meeting to order at 3:00 p.m.ATTENDANCE:Liquor CommissionerLiquor Commission MemberProsecuting AttorneyNPDCity ClerkSecretaryMayor PradelBill YoungScott WehrliJack McCambridgeDr. James OstrengaCourt KenastonMike DiSantoMark EnglishSgt. Steve SchindlbeckNancy BrightEmy TrotzAbsentOthers Present:Jack BarryRiff Menza, Restaurant Association ofNaperville 3:06pmBaily Standish, Legal Intern 3:10pmCommander Brian Cunningham 3:15pmMINUTES:Minutes from the January 10, 2013 meeting were accepted and entered into record by MayorPradel. The motion to approve the minutes was made by Court Kenaston and seconded by JackMcCambridge. Vote unanimous. Motion carried.PUBLIC FORUM:No one was present to speak at Public Forum.OLD BUSINESS: NoneNEW BUSINESS:1

Liquor License Seminar April 25, 2013 3:00pm – 5:00pm: We will be asking all of theLiquor establishments to come and pick up their licenses at the end of the meeting. MayorPradel asked the commission members if they had anything that they thought needed to beexpressed to the people who are going to be there to let him know. Taking part in the seminarwill be the Police Department, the State Liquor Commission, and the Secretary of State Officeabout fake ID’s. Det. English has slides about the fake ID’s.Mayor Pradel wanted to share with the members that he is really impressed with the change inthe downtown that is happening under the direction of Chief Marshall. The City used to bereactive but now they are proactive. There was a good article in the newspaper about downtownand the interaction between our establishments and the police department. There was a meetingtoday at 1:30pm and they are dealing with everyone to work together and be a team. It has reallychanged. Mayor Pradel has been asking for us to be proactive for a long time. The new PoliceChief has said that they will be more proactive. They are making more bar checks. Theenforcement needs to be from the Police Department not from the Liquor Commissioner or theLiquor Commission.Steve Schindlbeck wanted to mention that every weekend Riff Menza’a establishments arenumber one in discovering fake ID’s and bringing them to the attention of the police. He also hada doorman who is responsible for two drug arrests. They make the job of the police easier.REPORTS:Restaurant Association: Riff Menza reported that the Restaurant Association had a meetingrecently and it was very positive. He handed out the minutes of the meeting. The main thing ofthe meeting is to work together. They will meet again in February. Today there was a meetingwith City staff and PR.Riff mentioned that the liquor license renewal this year was great.Beverage Alcohol Seller Education Training (BASSET) - Employee Training: Det. MarkEnglish reported that there were 3 classes in January. There were 57 attendees on January 9 thwith 10 no shows, 59 attended January 14 th with 8 no shows and 56 attended on January 21 st with7 no shows. The City Clerk’s Office gives a card out with the date of the class on it whensomeone registers and it seems to be helping with the no shows.Tobacco Enforcement Review: Det. Mark English stated that there were no new checks.Liquor Concept Committee Updates: The committee met with Green Chili Indian Cuisine.They already have an A license for a restaurant on Ace Lane & Route 59. This will be theirsecond location at Freedom Commons. They will cook the food at the main restaurant and they2

will have hot boxes and warmers. It is more for takeout but you will be able to eat there. Thehours are 11am – 3pm for lunch and 5pm – 10pm for dinner. They would like to sell Indian beerand wine by the glass and the Mayor approved for them to get an application.A concept came in on Monday, Empire by Bally Doyle. They have existing establishments inAurora, Downers Grove and Bloomingdale. They are looking at putting in a rather large conceptat the corner of Chicago and Main Street where Rosebud use to be. They will need to comebefore this commission to see whether or not to raise the Late Night Permit cap. It will takequite a bit of write up. It will come before you in March.Liquor Reports:40 DUI’s for the month of JanuaryMike DiSanto mentioned that at the last two meetings, the commission had asked for a FlowChart that lays out formal charges. He gave everyone a copy of the flow chart. Discussionfollowed.Two Formal Charges have been filed since the last meeting.Tommy Nevins – On Oct. 21, 2012 an off duty manager directed a 17 year old hostess to serve acustomer and then invited her to drive the customer home. Her mother called the police. Det.English did a very thorough investigation. Charges were filed. Tommy Nevins came in and pledguilty. They no longer hire anyone under 18. Being that this was their first offence, the Mayorfined them $1,000.Danny’s Pub – On the Wednesday before Thanksgiving, a police officer on patrol noticed someactivity in Danny’s Pub at about 1:15am when closing time was 1:00am. There were still severalpeople in the establishment drinking. The bartender was the manager. She said she lost track oftime and was having difficulty getting everyone out. Everyone left the establishment. This wasreferred to the Legal Department. They issued formal charges alleging 3 violations – 1) Forbeing open after closing time 2) For serving after closing time and 3) For having a manager thatis not listed on the application. The owner came in for a settlement conference, pled guilty. Thiswas their first offence. They received a 2 night suspension of the Late Night Permit. They willserve this on Thursday, February 14 th and Friday, February 15 th . These were just resolved today.This will be in the Manager’s Memorandum.The Strategic Plan memo – This was a report from the Police Department, City Clerk, Legal andCity Manager’s Office. This is talking about the impact of the liquor code changes as related toClass B licenses. There were 3 Class B licenses submitted during this period and 3 Late NightPermits. Of those 3, one was downtown (Jackson Avenue Pub) and two were outside thedowntown (Ranchero’s and Zapatista’s). They were all recommended by this liquor commissionand approved by City Council. There were also 3 that closed during that time – Line BackerGrill, Dolce Amore and Raffi’s. There’s also a report from the Police Department regardingenforcement.3

TY OF NAPERVILLEMEMORANDUMDATE: March 21, 2013TO:FROM:SUBJECT:Doug Krieger, City ManagerWilliam Novack, Director of TEDAndrew Hynes, Project Engineer – TEDVan Buren Parking Deck - Parking Guidance System RepairsPURPOSE:The purpose of this memorandum is to provide the City Council with an update regarding repairsto the parking guidance system at the Van Buren Parking Deck.BACKGROUND:In early March, two of the overhead parking guidance system sensors located at the Van BurenParking Deck were damaged. It appears that this damage occurred when a vehicle that exceededthe posted vertical clearance of the parking deck entered and exited the facility on Van BurenAvenue. Since the damage was discovered, the parking guidance system signs have been turnedoff.DISCUSSION:The parking guidance system vendor has been contacted to coordinate repairs to the damagedsensors. New parts have been ordered with the work scheduled for late next week. Once therepairs are complete, the parking guidance system signs will be turned on.CONCLUSION:Please include this report with the March 22, 2013 Manager’s Memorandum.

OPEN WORK REQUESTSPlease provide the number of FOIA’ssubmitted by members of the NapervilleSmart Meter Awareness Group by requestee.Also, provide a cost estimate of staff time toprocess these FOIAs. (Cost estimate can bein total) Provide an update of staff costassociated with the federal lawsuit to date.(Doug can help with format)Please provide a cost estimate of staff time,consultant time, programming cost, anddevelopment cost for providing the NonWireless Meter Alternative. (Mark, the onepage slide that West Monroe put togetherplus probably the cost build up behind it)Wehrli 13-004 3/21/2013City Clerk &LegalWehrli 13-005 3/21/2013 DPU-E