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Public Works Minutes 2012 01-17-12 APPROVED 2/21/12 RE-APPROVED W/ CORRECTIONS 5/15/12 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, January 17, 2012 COMMITTEE MEMBERS PRESENT: Alderman George Gilson Alderman Larry Kot Alderman Jackie Milschewski Alderman Diane Teeling OTHER CITY OFFICALS PRESENT: Alderman Carlo Colosimo Mayor Gary Golinski City Administrator, Bart Olson Public Works Director, Eric Dhuse EEI, Brad Sanderson Interim Parks Director, Laura Schraw OTHERS PRESENT: Tony Scott, Kendall County Record Judith Gregg, Windett Ridge Deb Kaiser, Windett Ridge Kathleen Neddo, Windett Ridge Billy McCue, McCue Builders Rose M. Debo, Windett Ridge Charlie Walker, Yorkville Chair Gilson called the meeting to order at 6:00 p.m. Citizens Comments: There were many residents in attendance from Windett Ridge and residents to discuss the Kennedy Road bike trail. Their comments are included in the agenda items. Minutes for Correction or Approval: Minutes from October 18, 2011 and minutes from November 15, 2011 need to be amended and will come back to committee next month for approval. New Business: PW 2012 -02 Subdivision Infrastructure Discussion - Chair Gilson stated that he and Alderman Colosimo attended the Windett Ridge HOA meeting. Chair Gilson stated there were many questions about mowing, bonding, punch lists, and liens. The residents said they want the lien filed ASAP on the mowing issue. The other issue is calling the bonds because Windett Ridge, LLC says they do not have enough money to keep up with the mowing. Chair Gilson stated it is in the residents best interest to go forward on collecting on those bonds. Deb Kyser, a resident of Windett Ridge, stated that she requests the bonds need to be called. Ms. Kyser said she understands the builder is no longer there, but feels that the city has a responsibility to the residents in that subdivision. Ms. Kyser said the subdivision has deteriorated and she understands there is not enough money for everything, but the pond and walking paths etc. could be fixed. Kathy Neddo, Windett Ridge, stated the biggest problem in the subdivision is the pond and most of the homes are in that area. Kathy said before the builder left, they were told to fix certain things, so someone dropped the ball. Kathy said for homeowners, it is bad enough the builder left and all of the finger pointing, but the critical things need addressed and it is getting worse. Kathy said the pipes are more exposed and the pond needs addressed with the bond money. Judith Guzy, Windett Ridge, spoke about the natural basin that is caving in and said when they were still building, that basin was named the sickest natural basin in Kendall County. Chair Gilson said he explained in the HOA meeting the city policy and what they had to do to become in compliance with the pond. Chair Gilson said someone needs to be responsible for the pond. Chair Gilson asked the committee to call the bonds before it diminishes further. Alderman Milschewski stated that in 2009 we called bonds in Whispering Meadows and we still have not received anything. Alderman Milschewski asked why do we have these bonds, if we don't get anything. Mr. Olson stated the letter of credit bonding companies have figured out it is cheaper to fight the city, rather than comply. Charlie Walker, Windett Ridge, stated that he attended a Public Works Meeting years ago where the chairman assured him the city was going to call the bonds. Mr. Walker stated that these issues are not new and the city did not secure enough bonds for what the project called for. Mr. Walker said in the past when he spoke with the city, he was told that the bonds, if they were called, could not be used for what we are talking about tonight, and the ponds were not a part of that. Mr. Walker stated that these things should have been addressed five years ago. Mr. Walker asked if the items on the punch list are not completed, who is going to pay for it. Mr. Walker said the city will slap the residents with the bill. Mr. Walker said the city failed the residents and bad deals were made and it will fall on the residents. Mr. Walker said don't repeat these mistakes. Chair Gilson stated that he agrees with Mr. Walker and the city needs to step forward and do something about it. Chair Gilson said the city needs to move forward with calling these bonds. Alderman Colosimo said the fact that there can be problems calling bonds, should not be a reason to not call them. Alderman Colosimo said the city cannot be afraid of litigation. Kathy, Windett Ridge, said the homeowners will not be able to take on a special assessment. Kathy said take the bonds and then the homeowners will make sure that it is maintained. Chair Gilson asked the committee to move this forward to consent to call these bonds complete. PW 2011-52 Windett Ridge Mowing Update - Mr. Olson said that the documents are supposed to be drafted to take to court in the next two weeks. Mr. Olson said after that, there is a 30 day notice and 60 to 90 days to get a court date. Then when the courts decide to hear it is when we finish the lien. Chair Gilson said the city keeps stating they are going to do things in the next two weeks. Chair Gilson said that we have to be accurate and get these liens filed and put at the top of the list. Mr. Walker said that he doesn't understand why there are two standards one for business and one for the average tax payer. Mr. Walker said if that was his property, the city would be on him to get it taken care of. Mr. Walker said there is a difference on how the residents are treated and how the city treats developers and the residents are paying the bills. Alderman Colosimo said there needs to be liens on the lots. Chair Gilson said the liens need to be done before they become insolvent. Mr. Walker said the liens run with the land. Alderman Colosimo said that is exactly the point, when someone wants the land, someone will have to pay. PW 2012-05 Ash Tree Removal in Certain Subdivisions - Mr. Dhuse stated he asked to remove Ash trees in several subdivisions this fall. Mr. Dhuse stated most show signs of emerald ash borer. Mr. Dhuse stated to be proactive, the city would remove all the trees at once. Chair Gilson stated that he has heard two views from residents on this topic. One is to remove the trees that show infestation, and the second to remove all of the trees. Chair Gilson is concerned the residents need to have communication about this before removal begins, so the city doesn't get complaints. Chair Gilson asked about checking on what other communities are doing about this problem. Mr. Dhuse stated that yes, several states and communities are removing millions of trees to prevent this problem. Alderman Colosimo pointed out these are trees that are in public areas and not private properties. Chair Gilson stated he thinks there should be a mass communication to let the residents know what will be happening and let the residents know that the cost to replace the tree is on them. The suggestion from committee is to put a notice on the residents homes as they pull the trees. Mr. Dhuse stated that if residents are treating the trees, they will leave them. PW 2012-13 Stop Sign Studies for Intersections in Windett Ridge - Mr. Sanderson stated that the city looked at the two intersections requested and both are similar in nature. The intersection of Fairfax Way and Windett Ridge was looked at. Mr. Sanderson said the city follows MUTSD guidelines. He said traffic volume is less than 2,000 vehicles per day, and there is no accident history or sight restrictions at these intersections. Therefore, they are not good candidates for a stop sign. The Sutton Street and Windett Ridge intersection have the same findings. Mr. Sanderson stated stop signs are not used for controlling speed. Alderman Kot asked about the traffic calming devices. Mr. Sanderson said these devices have become more common in the last few years and involve narrowing of streets, adding speed bumps, plantings that can be put in, a variety of different tools can be used to slow traffic down. A resident asked what time of day the intersections were studied. Mr. Sanderson stated there is not a specific time the criteria is standard from experience. The resident stated on Fairfax there is a lot of traffic because this road goes to the Middle School. The resident asked if we can get police to watch before and after school. The resident stated that when snow is plowed the corners are it is difficult to see. Mr. Sanderson stated this is a common problem in many areas in the community. Mr. Olson stated that as a result of this request, the police chief said he will direct some additional forces out there. Chair Gilson asked how a stop sign doesn't control speed. Mr. Sanderson said that it can actually be more dangerous. The committee discussed there are many studies that state the stop signs can be more dangerous. A resident asked about the MUTCD standards and is that what the city follows. The committee agreed that is correct. Alderman Teeling stated that in Bristol Bay there were issues with speeding and the police did step up their patrols. Chair Gilson stated he feels that if the residents want a stop sign they should get it, but that is not how it works. Alderman Milschewski stated that can cause problems with liability if we don't follow their standards. PW 2011-65 Kennedy Road Shared Use Path - ITEP Bike Path Grant - Bill McCue stated in the last month he has talked to a lot of people in Yorkville who have businesses in town and all of them have agreed to raise and donate money to help pay for the path. Mr. McCue said that the YYTF and wrestling, neighbors, friends all have said they would be willing to donate and fund raise. Mr. McCue said that people want the path, but they don't want their taxes going up. Mr. McCue said he holds a fund raiser golf outing each year for his brother that passed away and they have raised over $40,000 each time. Mr. McCue said that he would like to raise the $220,000 for this path so it does not cost the taxpayers. Mr. McCue said that he knows we can get enough support from businesses and residents to make this happen. Mr. McCue said this path will connect several neighborhoods and it will benefit our community. Alderman Kot asked about his number of $220,000 because he said the number is $357,000. Alderman Teeling said there is another grant. Alderman Kot said those are state grants and there is not a guarantee that the city will get those grants. Chair Gilson said the city doesn't have the money, so the city cannot guarantee this project and commit to the path. Chair Gilson stated that if there is a check or payment up front before the city has to commit to it, then he is for it. Alderman Milschewski asked when they are going to begin fund raising. Mr. McCue stated they are still in the process of planning. Alderman Milschewski stated that the city has to commit by the end of this month. Mrs. McCue said they are talking to Nicor to see if they will donate. Mr. McCue said it comes down to raising $25,000 per year along with the golf outing. Mr. McCue said they have a lot of ideas for fund-raising and there is six years to pay for it. Alderman Kot said the big payment is due 2016, which is $157,000. Alderman Kot said his concern is the city says yes and then the economy gets worse and then this goes before a future city council and they are stuck paying that bill. Alderman Kot said that is a lot of money and we can't commit to that. Alderman Teeling stated that the city committed to the Route 71 bike trail. Alderman Teeling said this is the second time the residents stated they want to pay for this trail. The committee said they are not arguing the fact that the residents want this, but the council cannot commit to a project without having the funds. Chair Gilson said the issue is not if we want a path, it is having to secure the funds the city doesn't have. Alderman Colosimo said the argument is not about if people want trails. He stated the taxpayers cannot be the guarantee if you fall short of the goal. If there is a company willing to fund the path up front, he is all for it. The committee agreed that if it is funded up front, they will have the trail. Alderman Teeling stated that we can't take funds from people until this is approved. Alderman Colosimo stated that you can get a commitment for the funds ahead of time, then we pass it and the company funds it. Alderman Kot asked if the date can be extended. Mr. Olson said yes they are flexible, but Mr. Olson stated he is not sure how much extra time will be granted. Alderman Colosimo stated to be clear, he wants a check for $357,000 up front, and then he will vote for it then fundraiser money pays it back. Mr. McCue stated that a personal guarantee means we will get the money. The committee agreed it has to be an up front commitment with legally guaranteed money. Alderman Colosimo stated that for every resident that is for a bike trail, there are just as many residents that do not want them. Chair Gilson said this will come back to the next Public Works Committee Meeting. Alderman Teeling thinks it should go to city council. Mr. Olson said he will place it on the next city council meeting unless we get an extension. Alderman Milschewski asked if we can see what Mr. Olson finds out on an extension. Chair Gilson said it will stay in Public Works Committee. PW 2012-01 Monthly Water Reports for August-November 2011 - Alderman Kot asked about one month being higher than others. Mr. Dhuse stated it was the flushing hydrants. Chair Gilson said this item will move to consent. PW 2012-03 Supplemental Letter of Understanding - Committee agreed to move this item to consent. PW 2012-04 IDOT Letter of Understanding Regarding the Proposed Widening of Route 34 - Mr. Olson said the cost is $230,000, but it is not included in any of IDOT's budgets and is probably not high on their list. Therefore, it will be 2017 before this gets constructed and the city would have to put up the money. There was discussion about where the sidewalks and paths would be when this project is complete and can some of the money come from future developers. Mr. Olson stated that is possible, so the commitment could be less than this amount. Chair Gilson stated that if IDOT cannot budget for it, why should the City of Yorkville. He stated that when IDOT commits to it, then the city will. Alderman Kot said he agrees, but unfortunately this is how IDOT operates. Alderman Kot stated that he will support it because this is how it works, but he stated he is not happy about it. There was discussion about what things have to be included in the widening project i.e. lighting, paths etc. Chair Gilson stated that he doesn't support this. Alderman Kot asked if we go along with this letter of understanding, the city is committed to this. Mr. Olson stated yes. Alderman Kot said he would propose putting this item on the city council agenda for a full council vote. Chair Gilson said this item will move forward for discussion in city council. PW 2012-06 Emerald Ash Borer Grant Application - Mr. Olson said this is an informational item. PW 2012 -07 Blackberry Creek Dam Intergovernmental Agreement - Mr. Olson said the agreement is a state project and the state is funding it. Mr. Olson said that YBSD is part of it because it is their land and their bridge, so it is a three way agreement. Mr. Olson said the potential conflict is the city needs a commitment in the agreement that the city will finish the project if for some reason the state doesn't. Mr. Olson said he feels this is a low risk situation for the city and they have the funding on hand and he doesn't see any future issues. Alderman Milschewski asked if they are putting another damn in. Mr. Olson said no. Chair Gilson said if the state is so sure they can complete it, then why do we have to have in the agreement the city is to pay for it if they don't finish it. Chair Gilson said he feels it is a bad agreement. The committee asked if the county can guarantee it. Mr. Olson said we can ask. Alderman Milschewski said why don't we have YBSD guarantee it, since it is their property. The committee agreed to take this item to YBSD and let them commit to it. Alderman Kot asked if YBSD says no does this item come back to us. Mr. Olson said yes. The committee agreed that they would like to have YBSD commit to this. PW 2012-08 Kendall Marketplace Change Order No. 1 - Mr. Sanderson said this takes the quantities that have been completed this far and some minor extras and the net change is a decrease in the amount of $3,420.19. Mr. Sanderson said the remaining item on the contract is the seeding and it will take place in the spring. PW 2012-09 Bristol Bay Unit 5 - Final Acceptance and Bond Reduction - Mr. Sanderson said Pulte came to the city and inquired about the acceptance of Unit 5 of their development. All the punch list work has been completed with the exception of two minor items that need to be done in the spring, so the city is recommending moving forward with acceptance, which comes with bond reductions. This item will be moved to consent. PW 2012-10 Cannonball Trail and Route 47 Intersection Improvement Update - Mr. Sanderson said this related to Kendall Marketplace some bond funds that were obtained to do this is a permitted project through IDOT. It consists of traffic signal and turn lane modifications at this intersection. The Phase II engineering plans were approved and the permit has been extended to May 2012. Mr. Sanderson said once this is approved we can get bids in February and move forward. PW 2012-11 Tree/Bush Trimming on South Side of Fox Street - Chair Gilson said that he had a call from a resident that stated the city did a great job trimming on the north side of Fox. Mr. Dhuse stated that the city has not done the south side yet. PW 2012-12 Road Patching - Chair Gilson said he asked for this to be added because he received an e- mail from a resident about her street. She said she and her husband have lived there 15 years and since that time nothing has ever been done to her roads in her neighborhood. She stated that they pay over $5,000 in real estate taxes. Chair Gilson said that roads need to be a priority. Chair Gilson said he wants to see what the city can do to find money for patching the roads. Mr. Olson said if we don't have a lot of snow, we will have extra money we can use for patch. Alderman Colosimo said that is the number one complaint that he receives from his residents. Alderman Colosimo said the pot holes are horrible. Mr. Olson said we have money budgeted for hot patch. Mr. Dhuse said that the city has done them all over town. Mr. Dhuse said the city picks the worst of the worst to patch. Alderman Kot said this has been going on for years this is nothing new. Chair Gilson said why do we keep trying to channel funds for other things and let the roads go. Alderman Kot said he agrees that roads need to be a priority. Additional Business: Alderman Milschewski asked if there would be a different way to do the leaf pick up. Mr. Dhuse said the way the city is doing it is the quickest way to accomplish it. Mr. Dhuse said the city is going to do the north side first next year. There being no additional business the meeting was adjourned at 9:02 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker