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Public Works Minutes 2011 10-18-11 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, October 18, 2011 COMMITEE MEMBERS PRESENT: Alderman George Gilson Alderman Diane Teeling Alderman Jackie Milschewski Alderman Larry Kot OTHER CITY OFFICIALS PRESENT: Bart Olson - City Administrator Eric Dhuse - Public Works Director Brad Sanderson - EEI Krysti Noble - City of Yorkville Mark Hardin - Building Code Official The meeting was called to order at 6:00 p.m. Citizens Comments: There were no citizens comments. Minutes for Correction or Approval: Alderman Larry Kot had one correction and Alderman Gilson has one. Minutes were then approved. New Business: PW 2011-60 Rush Copley Phase 1: Mr. Sanderson stated there was a request from Rush Copley to accept phase one of their improvements. He stated that in July, we met with them and have been looking through files and all their punch list items have been addressed. Mr. Sanderson stated it is appropriate to be taken to acceptance with reduction of credit to the value stated in the memo. This item is going to consent. PW 2011-61 Lot Mowing Procedures - Alderman Gilson said he is the one that put this item on new business. He stated that he received some questions from the Windett Ridge HOA and wanted to know what the procedures are. Alderman Gilson said he would like to know what the general guidelines are when we are talking to constituents and HOA's. Mr. Olson stated the city stopped mowing after we did a few large properties. He stated we determined it was a huge strain on our equipment and time for a lot of the larger lots, our equipment was not sufficient to handle it. Mr. Olson stated the success rate of receiving the payment for mowing was not successful. Mr. Olson stated the city then decided to try something new and make it punitive, fine them and pay per day, so when they are out of compliance it will turn into a lien on the property until it is mowed. Mr. Olson stated the city does not have the manpower for taking care of the mowing. The city decided a few years ago to stop mowing and take a different approach. Mr. Dhuse stated the city can do one or two lots between homes or situations like that, our mower is only six foot wide. Mr. Dhuse stated they did one of those last week. Mr. Olson said he would be happy to do it, if we could find a contractor that was willing to take the risk and go after the property owners and not get paid from the city, so we are not paying mowers and throwing money away. Alderman Kot asked on the lots that you have mowed recently, what percentage have you been paid for. Mr. Dhuse stated it is about 25%. Mr. Dhuse stated there are a lot of liens out there. He stated most of the time it doesn't happen on vacant lots it is usually on the homes because when they go to sell, they have to pay it. Mr. Olson said their decision making was with the larger subdivisions there are areas we could mow, but we are making sure that our costs are not cheap enough that the developers just look at it and decide it is easier for the city to take care of and pay us when we are done. Alderman Teeling asked for the committee to explain to her what the residents of Windett Ridge were asking for because she thinks this prompted a lot of this problem because they didn't have any money. Mr. Olson said they didn't have money to begin with. Mr. Olson said their specific request was they came to us as an entity and said there is a receivable in the annexation agreement. Wiseman Hughes oversized the sewer and the city is going to pay for it by October 2013. They said there is not money to pay mowers, the city owes us this in two years, so pay now and the city can mow and use our mower and we will schedule them and we will pay the invoices when then come in. Mr. Olson said the city brought that to committee and the committee and residents said no thanks, the city is not even sure that money is owed. Mr. Olson said the city told them they need to prove they are good stewards of the property before the city entertains bartering. Mr. Olson said that was relayed to them prior to the meeting and Mr. Olson said that is a good policy because you can't come to the city and expect us to bend without showing an effort to be flexible as well. Mr. Olson said if they would have done that, they might have had a different response, not necessarily with a different result. Mr. Olson said he feels that it might have been debated more than it was. Alderman Gilson said the developer called Mr. Funkhouser and he called me and I relayed to him that I had spoken to the HOA already and know their direction. Alderman Gilson said we had the HOA and residents of Windett Ridge come here and they gave us a clear direction and we followed that direction. Alderman Teeling stated the problem is that property is still not getting mowed and Windett Ridge still doesn't have the money to do this, we are doing all we can do. Alderman Gilson stated that we made that clear at the last meeting. Mr. Olson said that we asked for a $10.00 per day per fine. Mr. Olson stated that we made it punitive that it is not a good option to let it go. Mr. Olson said the adjudicator ruled $5.00 per day and we are coming back to the Administration Committee to set a minimum fine of $25.00 per day, which is reasonable. Mr. Olson stated we want to make it clear that when you take on property in Yorkville, you need to maintain it. Alderman Teeling stated they have not mowed. Mr. Olson stated that our intent will be to ask for a violation from the last adjudication hearing date in September. Mr. Olson stated he is not sure if that will hold up or when we write the new ticket. Alderman Gilson asked when will we lien the property. Mr. Olson stated the lien should be the next week. Mr. Olson said that you can include lien release costs in the lien. Ms. Noble stated that they are getting all the addresses, so it should be done by the end of this week. Alderman Gilson stated that we have a staff now that will be working on weed violations and asked if they have been working on it. Mr. Olson stated yes. Mr. Hardin stated that Mr. Olson gave him several subdivisions to work on. He stated that he has been working on those. Bristol Bay, Windett, Blackberry Woods, Grand Reserve. He stated that Bristol Bay mowed some. Mr. Hardin stated that Autumn Creek mowed some there also. Alderman Kot asked if it is the developer or individuals. Mr. Olson stated it is both. Ms. Noble stated that it is only two lots out of all of them. Alderman Gilson asked for the names of who owns those properties because the HOA has asked him for that information. Alderman Gilson asked if we put a time line on how long we expend trying to contact a property owner. Ms. Noble stated it is a phone call to see if we can get in contact and we are out there that day or the next. Alderman Gilson stated weed ordinance violations is the single biggest issue that he gets contacted about. Alderman Gilson asked how long does the city wait until we place a lien. Mr. Olson stated that after adjudication and judgment they are given a date which to pay by, we usually lien it right after that. Mr. Olson said you have to give someone an opportunity to pay before you lien. Usually 30 days after invoice, it can take 2 months after a call. Mr. Dhuse said that we had some habitual offenders, so instead of filing four liens, we just wait and now file one lien for the entire amount. Alderman Kot asked if there are situations where neighbors are just doing the mowing themselves. Mr. Dhuse said yes, usually the front. PW 2011-62 Public Works Committee Schedule 2012 - The Committee agreed the dates are fine. Old Business: Pavement Management Study - Mr. Olson asked if there was a graph showed in the last meeting to show that there is a nonlinear relationship of how much it costs to repair pavement when you do it. Mr. Olson stated that $100,000 is a lot of money, but before we spend $300,000 down the road, we should figure out what the best point of action is for specific roads and go there. Mr. Olson said that they have $100,000 in the city wide capital fund next year for road resurfacing. He stated that we could use that money for this study. He stated that he realized that we then can't resurface until 2014, but he feels that the study will show that some roads, if we catch them now, will save us in the long run. Alderman Teeling stated she feels that it is a good idea, but she feels that we should not spend money on the study and use the money for resurfacing. Alderman Gilson stated he is in agreement with Alderman Teeling. Alderman Gilson said that we have resurfacing that we need now. Alderman Gilson said until things get better, we should use the money for what needs immediate resurfacing and wait until times are better to do the study. Alderman Gilson said that he sees the value to it, but not at this time. Alderman Kot stated that road repair is a complex issue. Alderman Kot said that he has seen when they fixed Main Street years ago, as a temporary repair, it is still holding up fairly well. Alderman Kot said he sees the value in the study and would like to see us do it. Alderman Kot stated that $100,000 doesn't fix a lot of roads. Game Farm patching was $50,000. Alderman Kot asked with the $100,000 what will be the first street you will work on. Mr. Dhuse stated that is a very tough call. Alderman Milschewski stated that she supports the study because it will get us moving in the right direction. Alderman Kot stated the way the budget is looking in the near future, the city is not going to have much impact on repairing our streets. The little bit at a time doesn't get it done, and we don't have a maintenance plan in place and our streets are getting worse. Alderman Gilson stated from the staff level, he can see why you would want this study, but from a resident perspective I can see they want the roads fixed. Alderman Kot said that the roads will not be fixed with $100,000. Alderman Milschewski said if we have $200,000, we can get the study done and then the study can tell us the best way to use the $100,000. Mr. Olson stated that Montgomery just completed theirs with EEI. He stated that it gives a budget figure going forward, so that we know what needs fixed immediately and what can just be seal coated. Then look and see what needs maintained and see what we need to spend out of the budget each year. Mr. Olson stated that Montgomery's number is 2.2 million each year, which is why they are going for a referendum and saying that we are not letting roads deteriorate and see if people can do this. Mr. Olson said that we need to look at budget re-appropriation or a tax increase. Alderman Gilson said that we are locked up in committee and it is not going anywhere. Alderman Teeling said that Montgomery has done the study and now they are going for a referendum and she stated she is not going to do that. Alderman Kot stated we don't know what we are going to do, but at least we would have the problems identified. Mr. Olson stated that in the next few years, the city is going to have a big problem when all of the large subdivisions that have tens of miles of roads in each one will have to replaced. He stated that he would like to get something in place to know what we need to do in the future and the costs. Alderman Gilson stated that we have storm and sanitary sewers and other necessities to fix. Alderman Gilson suggested taking it to council for discussion. Alderman Kot asked about where Mr. Olson could find an extra $100,000. Mr. Olson stated that the city has tentatively budgeted for next year, so if that is where the target is, and the city wants to do this, he stated that we can move things around for where our priorities are. Alderman Kot said that if the city would have had something like this in place 10 to 15 years ago, the city wouldn't be in this bad situation like we are today. Alderman Kot said that to spend it on the study now will save us money in the future. Mr. Olson agreed. Alderman Gilson stated that we should bring this to city council for discussion on 10/25/11 not on consent agenda. Mr. Olson stated that a presentation would be appropriate. Flooding issues in Sunflower Estates Update: Mr. Sanderson stated a memo was put together for an alternative of funding for this improvement. There is a SSA that is in place for maintenance and repair of facilities related to storm water within that development. Mr. Sanderson said we outlined some alternatives and there is a maximum levy. He stated we looked at a five year or ten year payback and what the taxes would be. Mr. Sanderson stated out of a 117 parcels on site we recommend that we spread it to all the parcels. Mr. Dhuse stated he put together a cost estimate. He stated it is lower, but there are some big considerations to look at. Mr. Dhuse stated it is an estimate because there is a lot of unknowns. He stated it is a good base number, but it will probably turn upward. Alderman Gilson said his contention with this line of thinking, is the 10 year standards were the only standards in place and the engineering standards in place at the time didn't have issues to prevent flooding every couple years, which is what the residents are dealing with. Being that the city standards didn't have the 100 year standards in place they were 10 years, I think they were lacking. The fact is that it has caused flooding amongst 7 out of 117 property owners. If we had the 100 year standards, we wouldn't have the flooding issues. I don't think the residents are going to appreciate staff's line of thinking. Alderman Gilson doesn't feel this is the right way to go about resolving this. The city shouldn't add an SSA tax to the residents. Alderman Kot stated it is a steep increase and they are not happy with the SSA now. Alderman Gilson stated the residents are expecting the city to step up and handle this. Alderman Milschewski stated here is another thing we don't have the money for. She said she feels sorry for them and this problem, but we have to fund it. Mr. Olson stated in other areas had this issue created SSA's. Mr. Olson stated that since they already have an SSA, we looked at handling it this way and it will immediately take care of the problem. Mr. Olson stated that technically, yes that should have been in place and you should have already paid for it, but didn't, so it would go to those residents. Alderman Gilson stated he doesn't agree because he stated that we don't know what those costs would have been, it is subjective. Alderman Milschewski stated if it effected more than seven people, it might be different. Alderman all agreed that this waits until we have funding. Windett Ridge Mowing Update - Ms. Noble stated that she has been in contact with the development and she let them know that the city is going out this week. She stated that the development said they don't have the funds to do it, so the city is going to site them this week. Update on Road Maintenance on Tommy Hughes Way - Ms. Noble stated that she did contact the bank to see if we can get any information on this supposed agreement. She stated that she didn't get a response from them. Ms. Noble said it is First Midwest Bank. Alderman Gilson asked if anyone has contacted Shell to see what their agreement is in this. Alderman Gilson asked if we are going to continue to try to contact them. Ms. Noble stated that she will try. Alderman Gilson stated that road is in really bad shape, and someone needs to address it. If the agreement is no one is going to do it, then we need to let people know that. Ms. Noble stated that Circle K/Shell are going to put barriers up because they don't want to incur more costs after Circle K/Shell repaired the pot holes. Ms. Noble stated that she has not heard anything else since Circle K/Shell stated they are putting barriers up. Alderman Gilson asked when Circle K/Shell are going to have the barriers up. Ms. Noble said that she doesn't know how soon that will occur. She stated that she will check into it. Alderman Kot asked about the partially finished building back off that road. Mr. Dhuse stated that the developer fell ill. Ms. Noble stated that he contacted us last year to extend his building permit. The city asked him to secure the building and then it went through foreclosure. Kendall Marketplace Development Improvements - Mr. Sanderson stated that the contractor has been on site. He stated they placed stone on site and they are getting driveways ready for pavement. Alderman Gilson stated he is happy that this is being done, so the city might get some more commercial development there. Additional Business: Alderman Milschewski asked about Nicholson property and the fence and the vehicles sitting there. Ms. Noble stated strategically, the city went for what we could get a good judgment against, which is the fence. Ms. Noble said the city would have to basically do a stake out to show that for 30 consecutive days the vehicle has been there and has not had permits or tags then come to adjudication. Alderman Milschewski stated the semi has not moved in years. Ms. Noble stated that it is registered. Ms. Noble stated that the city is going for things that we have manpower to do and that we can get some compliance for. Alderman Milschewski asked about the fence. Ms. Noble stated he has to fix the fence along Mill and Van Emmon. Ms. Noble said the city will be out there for the weeds again. Alderman Gilson asked about oil. Ms. Noble stated that is hard to prove. Mr. Olson said the only leak found was an oil can covered in a box. Mr. Olson said the EPA didn't see anything. Alderman Gilson asked about the building having water service. Mr. Olson stated it doesn't and the last time we went to court with this the judge told us to work that out ourselves. Alderman Kot stated that there is a public safety concern. Alderman all agreed that the property needs cleaned up. Alderman Kot asked about the widening of 47 on the north end of town. Alderman Kot said if there is still a traffic issue in the morning going up 47 with Jericho backing up. Mr. Dhuse said that it is in phase one, which is the documentation then phase two is the design phase then phase three is construction. Mr. Dhuse stated he thinks that it will be the last piece of the puzzle. Mr. Olson stated he thinks it would be next. Mr. Dhuse said as far as traffic signals we have been in contact with IDOT and tried to work with them. He said once you leave Galena Road, it is a completely different sequence in timing and I am sure that it is not high on their priority list. Alderman Kot said he is concerned for those that drive that every day. He stated that the Jericho light is the cause of the problem. He asked if they could be contacted again. Mr. Dhuse stated he is correct it is the timing. There being no further business, the committee adjourned at 7:10 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker