Loading...
Public Works Minutes 2012 03-12-12 APPROVED 5/15/12 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, March 12, 2012 at 7:00 p.m. COMMITTEE MEMBERS PRESENT: Alderman George Gilson Alderman Jackie Milschewski Alderman Diane Teeling Alderman Larry Kot OTHER CITY OFFICIALS PRESENT: Krysti Barksdale-Noble, City of Yorkville Eric Dhuse, Public Works Director Brad Sanderson, EEI OTHERS PRESENT: Deb Kaiser - Windett Ridge Kathleen Neddo - Windett Ridge Robert Delo - Maximum Property/Windett Ridge Rose Delo - Maximum Property/Windett Ridge Citizens Comments: Alderman Gilson thanked the residents for being in attendance. Minutes for Correction or Approval: The minutes for the February 21, 2012 were approved. New Business: PW 2012-23 MFT General Maintenance Appropriation Resolution for FY 2013 - Mr. Dhuse stated this is a yearly appropriation the city has to do. Mr. Dhuse stated this year salt is half of the normal order which saved the city $85,000. Alderman Gilson asked if funds can be shifted around. Mr. Dhuse stated yes, within the appropriate group to a certain extent. Mr. Dhuse said the city can re appropriate funds, if needed. Mr. Dhuse said this is what the city plans on spending. He stated this is to give us an idea, so that the city doesn't overspend. Alderman Kot asked how this fiscal year is going. Mr. Dhuse stated very good. Alderman Kot asked about patching. Mr. Dhuse said in April the asphalt plants open and the city plans on addressing that at that time. This item is moved to consent. PW 2012-24 Property Maintenance Violation Updates – Ms. Krysti Barksdale-Noble stated the first item is Pets One and they are in violation with an odor in their facility and the facility next door. Ms. Barksdale-Noble said she did an inspection in January and there were animals that didn't meet regulations. Ms. Barksdale-Noble said she took pictures of reptiles and rodents that were loose in the facility and the city sent a violation notice. She stated when she went back in February, animals were caged and under control and the smell was better. Ms. Barksdale-Noble said the city received another call the smell had returned and she went back and it was very strong. They are scheduled for adjudication in April. She said they are in contact with the property owner and the city has a good relationship with the owner. Alderman Kot asked about debris on Spring Street. Ms. Barksdale-Noble said they checked on that and the city was told it was bank owned. The city went to the county and found out the owner was still responsible for the property and they were issued a citation, which stated they had to remove the debris by February 4, 2012. The city tried to work with him and nothing happened, so she stated the city issued a citation and they will be on the April 11th adjudication. Ms. Barksdale-Noble stated on the Nicholson property the city went back and cited him for disrepair and requested for compliance by the 21st of this month and there is a 30 day compliance period. The city will follow up with inspection on the 21st and this is the third round of inspection citations. Alderman Gilson asked if this is fence related. Ms. Barksdale-Noble stated it is fence and vehicle related. Ms. Barksdale-Noble said in Raintree, we had complaints of illegal dumping around the retention pond. The city went out on the 27th of February and couldn't determine where the source was. On the 20th, the city sent letters to residents that dumping was illegal and hopefully, we will get a response. Ms. Barksdale-Noble said she can get them a copy of the letter. She stated they have not had anymore complaints. Ms. Barksdale-Noble said there were complaints on 400 Bridge Street about dumping. The city didn't find anything on that complaint. Ms. Barksdale-Noble said on 301 W. Jackson Street there were complaints of goats in the front yard. She stated they were fenced, but two goats were there and violation notices were sent out to comply by February 24th. She stated the resident did comply, but the city received a call that a goat was back and city went back on March 6th and the goat was back. Alderman Gilson stated he received a call from Windett Ridge where someone was evicted and there were things in the front yard. A resident stated it was cleaned up. Ms. Barksdale-Noble stated to notify the city because when they are evicted it is the county which takes care of it in 10 days and the residents have to get their belongings. Alderman Gilson asked if the city is continuing to site the Windett Ridge property owners with continual violations on the weeds. Ms. Barksdale-Noble stated as of May 1st, if they are in violition, the city will cite. Alderman Gilson has an e-mail from a resident about moving a chain link fence on Game Farm Road. Alderman Gilson read the e-mail about residents cleaning up paper along the fence and the fence is broken. There were pictures attached showing damages. The residents stated they always maintain and clean up the trash. The resident stated there are now drinking parties going on there. Alderman Gilson stated the residents object to taking down the fence because the traffic from events the city holds cause people going through their properties. The residents would like the fence to remain. Mr. Dhuse stated this is the park department area. Mr. Dhuse said the fence is in bad shape. Alderman Teeling stated the homeowners can put up a fence on their own property. Alderman Gilson read a letter that was sent to Bart Olson about the driving range. The residents letter is about the problem of golf balls in the residents yards. The resident is asking for the city to use whatever resources they can to help with this issue. The resident stated they were told to let the city know about each incident. The resident listed the many incidents in the letter to the city. The resident is worried that someone is going to get hit by a golf ball. That e-mail was responded to by Bart Olson in which Mr. Olson told the resident it is up to the property owner. Alderman Gilson asked why did the city tell the resident to document these incidents. Ms. Barksdale-Noble stated she researched the wind patterns in the area and looked at the dates. If you look at that when these occur it is usually the third week of each month. She checked if there was a certain group that attended the golf range at that time. The city was told no. The wind patterns do not typically flow in the direction of those particular lots. Ms. Barksdale-Noble said there is no property maintenance issue the city can cite them on, unless there is an injury. Alderman Gilson said so someone has to get hurt for the city to do something. Ms. Barksdale-Noble said no, she talked Bart Olson to see if the city can have the owner put up a net and Mr. Olson said it is cost prohibitive and the city cannot force them to do that. Ms. Barksdale-Noble said she looked into different case law with golf courses. Ms. Barksdale-Noble said the city has no authority when a housing authority comes in knowing there is a golf course. It then becomes an insurance issue. The city cannot step in because they are not violating any ordinance we have on the books. Alderman Gilson said this is a driving range not a golf course and the residents were told there was a buffer there and that is not the case. Alderman Gilson stated he doesn't understand how this issue is any different from any other time someone is in danger. Ms. Barksdale-Noble said she is not public safety she is property maintenance. Alderman Gilson said the residents don't understand why they were told to document these issues, if the city cannot help. Ms. Barksdale-Noble stated she doesn't know the answer to that, it was before she was involved. She stated maybe the police should be involved. Alderman Milschewski asked if the driving range was there when the houses were built. Mr. Dhuse said yes. Alderman Milschewski said the residents knew this was a possible issue then. She stated she doesn't want anyone hurt, but they bought knowing the range was there. Alderman Kot asked if there was a way to put trees or something else there. Alderman Milschewski asked how long ago the buffer was put in. Mr. Dhuse stated mid 90's. Alderman Milschewski stated since then, things must have changed. Alderman Gilson stated the residents’ personal property and safety is in jeopardy because the property owner doesn't want to step in. Alderman Milschewski stated that makes it a public safety issue. Alderman Gilson stated he doesn't want to keep sending this to different committees. Alderman Kot said the residents need a straight answer. The legal department said the city cannot pursue this it is a civil matter. The residents can sue the range if they choose. Alderman Kot asked how many homes are affected. Alderman Gilson stated seven are complaining, but there are 14 or 15 that are affected. Alderman Gilson said all driving ranges I know of have a net. Alderman Gilson said someone is going to get hurt. Alderman Gilson asked Ms. Barksdale-Noble to talk to the owner of the golf range and tell him the limited flight golf balls are not working and if there is anything else he would do as a respected business neighbor to these residents to help resolve this issue. Alderman Gilson asked about Tommy Hughes Road. Ms. Barksdale-Noble said they fixed the potholes. Alderman Milschewski asked about the trees being cut down in order to widen Route 47. She asked about how the trees are being cut down and left. Mr. Dhuse said there is not method to it, he thinks they will be back to finish certain trees. Alderman Milschewski said she doesn't understand why they don't take all of the tree at once and not leave them half done. Old Business: PW 2012-22 - Windett Ridge Bond Call Update - Alderman Gilson said he had this added although the city asked us to limit discussion. Alderman Gilson said he feels the city owes it to the residents to give them an explanation. Ms. Barksdale-Noble said in Bart Olson's memo it stated that when we first engaged for notice on demand on bond, because it was 2004 a lot of the companies had moved, and they were sent back. The city found them and resent them and the companies responded. Lexon wanted more information and Travelers requested a lot of information. Counsel is reviewing it now to make sure the information is correct. Ms. Barksdale-Noble said Travelers denied the call for a couple reasons and the city is waiting on counsel for recommendations. Alderman Kot said before the city could even provide the information, Travelers denied this. Ms. Barksdale-Noble said yes. Alderman Gilson read the letter from Wiseman Hughes relaying their responsibility with a two year limitation. Wiseman Hughes said something also had to be done within 12 months of when it was discovered. Alderman Gilson said that bonds the city holds only devalue. Alderman Gilson said how many other development agreements out there does the city have like this that have the 12 month clause and two year limitation. Ms. Barksdale-Noble said she is not sure. Alderman Gilson said the city needs to look into this issue and it needs to be addressed, so the residents do not suffer. Alderman Kot asked if legal counsel is presently reviewing this issue. Ms. Barksdale-Noble said yes they are reviewing my response. Alderman Gilson said the city didn't have enough securities in this particular subdivision. Alderman Gilson stated now to make it worse, the city might not be able to collect on any bonds. Alderman Gilson said he has been saying these things need to be looked at for a long time. Alderman Gilson said the city needs to start calling bonds. Debra Kaiser stated she is very disappointed in this city. She stated they are faced with what should have been the city's responsibility for 107 residents. She said she feels the city would look at the bonds as a asset. She asked why has the city not followed up with what company is holding their money. Ms. Barksdale-Noble said in general the city does know the bonds the city has for subdivisions. Ms. Barksdale-Noble said there is a process, which requires litigation for at least a year, which is costly for the city that is why the city tried to work with developers. Ms. Barksdale-Noble said in 2010 the city was working with Windett Ridge some things were done by the bank and that was why the city hadn't called the bonds. Ms. Barksdale-Noble said once this process starts everyone digs their heels in, the bond companies not wanting to pay and developers not wanting to finish the development. She said that is a standard response. Kathy Neddo stated her guess is they are looking at all the dates. What Wiseman Hughes will give them will be much different. Ms. Neddo said she has letters from 2009 asking to pull the bonds. Ms. Neddo said there are pictures and a lot of documentation to the city letting them know. The city says the homeowners are responsible. Ms. Neddo said they should not have to fix the pond when the city was negligent by not following up with the builder. Ms. Neddo said the flooding problem was fixed and they blacktopped the main streets, but she stated during that time the pond issue was brought up. Ms. Neddo said now in 2012 the attorneys are looking at dates trying to figure out when the communication took place. Ms. Neddo said to look at the minutes starting in 2009 with complaints from residents. Ms. Neddo said the city never followed up to see if the items were done. Ms. Neddo said the homeowners are not going to be able to cover this more homes will foreclose. Ms. Neddo stated the city has ownership here. A resident said she appreciates Ms. Barksdale-Noble talking about the process. She asked Ms. Barksdale-Noble why did we end up in this situation when each document states time lines to respond and why was no one managing that. Mr. Dhuse said he believes that is what the counsel is looking at the dates that Wiseman Hughes gives to the bond company is completely different. Mr. Dhuse said the city is not questioning the dates this is their standard response. Ms. Barksdale-Noble said another issue is when Wiseman Hughes lost the property, the idea was the bank was moving forward doing things. Not that calling the bonds was off the table, the city was getting more response from the bank. Alderman Gilson said that is not true. Alderman Gilson said the only thing we fought for was Claremont Court and he stated we didn't make any progress with the bank. Ms. Barksdale-Noble said that in 2011 the city was informed Windett Hughes next generation has taken over. Alderman Gilson said the residents are trying to say whoever it is, why is the city just looking at this now when they are denying the bonds. Shouldn't the city have been aware of these time lines. Ms. Barksdale-Noble said there is a legitimate response from the city, but she can't put it on record. Alderman Kot said this will be discussed in executive session correct. Ms. Barksdale-Noble said yes. Rose Delo stated she and her husband are managing Windett Ridge property. She asked about when the bonds are issued, doesn't the city look over this documentation and why was this not noted to check the dates because then we lose claim to the bond. Ms. Delo stated someone let this fall through the crack. She stated the homeowners cannot cover all that needs done in this subdivision. Ms Delo said the liens are not even enforced for moving lawns. Bob Delo asked has the City of Yorkville successfully called bonds on other developers and what are they. He asked what is the process as far as steps. Ms. Barksdale-Noble stated after the city demands bonds, the legal side takes over beyond that she said she can tell him the process usually takes about a year. Alderman Milschewski said the city is in historic times for this area. If the economy hadn't tanked, this would not have happened. She said she doesn't know if the city has called them before. Alderman Kot said he doesn't recall ever having to do that. Alderman Teeling said Whispering Meadows, which is pending. Ms. Delo asked if anyone was looking at the clauses in there. She said someone blew that. Alderman Kot said we don't know for sure and we are getting ahead of ourselves. Alderman Kot said the city needs to see what legal counsel finds out and go from there. Ms. Delo asked why did the city wait until now. Alderman Milschewski said we don't know all these things. Alderman Gilson asked about a spreadsheet of developments and agreements that are periodically checked. Ms. Barksdale-Noble said yes she said she has a list of all bonds now. Alderman Milschewski said she knows there are spreadsheets she turned over when she was clerk and the information was there for each subdivision. Alderman Gilson said it is unprecedented times and these times are going to continue and this issue needs addressed. Ms. Neddo said insurance companies don't want to pay anything. She said the legal department is going to say based on the contract the dates look fishy. Ms. Neddo said lets wait for the answer form the legal department. She just wants it clear there was a lot of communication between everyone. Ms. Neddo said you cannot leave the residents left in the middle. Ms. Neddo said the pond needs fixed, then homeowners can pick up the maintenance of it. Alderman Teeling said the issue with Claremont Court and roads were done and if we would have called the bonds then, they wouldn't have fixed that. Ms. Neddo said while those things were getting fixed they were trying to negotiate and work with the bank to take care of the pond, but the builder came back to buy lots again. Alderman Teeling said if we had called the bond then, the roads would not have been fixed. Alderman Gilson said that is not true. Ms. Neddo said the city was trying to work with the bank to get those two big issues taken care of. Ms. Delo said the bigger issue is the system on this needs to be fixed. Alderman Milschewski said the city understands this. The city didn't anticipate this and now it is come to light and it is being addressed and the city will be proactive. Alderman Milschewski said when this area boomed no one thought this would happen. She said all the city can do is move on from here. Alderman Milschewski said she has sat on counsel for 11 years and she doesn't think anyone dropped the ball, but our economy tanked and we have to learn from this and address it. A resident said a contract is a contract and they all have clauses in them with dates and specific termination information, so if this is the problem with bonds, the city should be looking at all the contracts. Alderman Kot said just so everyone is aware when this becomes a legal matter, our ability to communicate some of this to the residents will become very limited and we will tell you what we can. Ms. Neddo said we just have to communicate. Alderman Gilson said he wanted to bring it to the table tonight so the residents would know where the city was at. Ms. Neddo said she understands this will take time. The residents just want to know the city is working for them. Alderman Teeling said that is what the city is doing. dditional Business: A Alderman Kot asked about the status of the road study. Mr. Sanderson said he is waiting on direction from Bart Olson to begin. Alderman Kot asked if someone will be in attendance from the city at the Route 47 meeting this week. Mr. Sanderson said he will be attending and report back. Alderman Milschewski asked about Comed getting a truck stuck and the Comed guys had a brawl and left it a mess. Mr. Dhuse stated that will be taken care of by Comed. There being no further business, the committee adjourned at 7:16 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker