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Public Works Minutes 2012 05-15-12 Page 1 of 7 APPROVED W/ CORRECTIONS 7/10/12 UNITED CITY OF YORKVILLE PUBLIC WORKS MEETING Tuesday, May 15, 2012 City Conference Room COMMITTEE MEMBERS PRESENT: Alderman George Gilson Alderman Jackie Milschewski Alderman Diane Teeling Alderman Larry Kot Other City Officials in Attendance: Krysti Barksdale-Noble, AICP, Community Development Director Eric Dhuse, Public Works Director Bart Olson, City Administrator Brad Sanderson, EEI Other Citizens: Tony Scott, Kendall Record The meeting was called to order at 6:00pm by Alderman George Gilson Citizen Comments: None Minutes for Correction/Approval: The minutes for March 12, 2012 were approved. For April 17, 2012 there were 2 corrections from Alderman Kot and Alderman Gilson, the changes were made and a copy was sent to Lisa Pickering. The red line corrections for October 18, 2011, November 15, 2011 and January 17, 2012 were all approved. New Business: ( below item moved forward in agenda) 1. PW 2012-28 Water Department Reports for February, March and April 2012 There were no questions on reports. Move to consent 2. PW 2012-29 Kendall Marketplace Improvements - Pay Request Mr. Sanderson said there is consideration of a payment request for ongoing work out in Kendall Marketplace. Alderman Gilson asked if there are going to be any added costs. Mr. Sanderson responded no, not at this point. Alderman Kot asked if this was going to come back after it has met Mr. Sanderson's approval. Mr. Sanderson said it will come back for a 3rd and final pay request after everything is addressed. Alderman Page 2 of 7 Teeling asked if it has to come back through us for a pay request even if the work has been done. Mr. Sanderson said that's how they have done it in the past. Mr. Olson said because it's a large check. Mr. Sanderson says it keeps everyone up to speed. Move to consent. 3. PW 2012-30 Game Farm Road Update Mr. Sanderson said that at the last meeting there was a request for additional information for Game Farm Road so just to update everyone we are targeting the November 2014 letting and to make the letting date, pre-final plans are due to IDOT no later than July 2014. The current plans are estimated to be 95% complete. The current construction cost estimate is $6.31 Million dollars. There will have to be some updates prior to finalizing the plans; for example along Route 47 the state is incorporating some of the improvements into their plans, so we will have to revise some of the plans for Game Farm Road. Alderman Gilson asked if there is an update on the appraisals and the acquisition offers from the last meeting. Mr. Sanderson said that he just received the updated plats from HR Green and should have the title searches soon. Once the title searches are received Mr. Sanderson will look them over and give them to our land acquisition specialist who will provide an updated proposal, which can be brought back to the June meeting for approval. After that it will be up to the land acquisition specialist to proceed with the land acquisition. Alderman Kot asked how much wider the road is going to be compared to what it is today. Mr. Sanderson said that it will be a 3 lane cross section. Right now it is 20-24 feet and it will expand to 36-39 feet. Alderman Kot also asked if the curve is going to be changed. Mr. Olson responded yes, less than slightly. Where Somonauk continues to the west, instead on being an offshoot it is going to be a 90 degree intersection. Mr. Olson added that Game Farm Road will be done in 3 construction seasons to keep the cost down. Although there will be construction on the entire roadway there will always be one entrance open to the High School. The construction schedule does take the school year into account and all the work should be done in the calendar year once it is constructed. Instead of having 2 entrances in and out the high school will go down to having 1 entrance in and out. It will pose some issues, but hopefully when there is the additional turn lane it will get rid of some of the problems for the morning and afternoon. 4. PW 2012-31 LOC/Bond Call Policy Ms. Noble started out by saying that in the past couple of meetings we have discussed our potential bond call policies and about changing it to a systematic approach. Ms. Noble broke the memo down in two parts. The first part of the memo is the educational part that explains what is a performance bond, what it covers, how it's used to secure development and what the difference is between a bond and a letter of credit and how much easier it is to get a letter of credit. The second part is how bond policies are set up through our Subdivision Control Ordinance and where we are now with the existing bond and letters of credit we have in place. Ms. Noble enclosed a spreadsheet that shows Page 3 of 7 approximately 150 letters of credit (LOC) in place for 54 existing development projects in various phases of completion. Ms. Noble said that they did an analysis and what everyone is going to see in an executive session is a more detail analysis of individual letters of credit for individual subdivisions and how we are going to move forward. Alderman Gilson said in order to streamline this conversation he asked everyone to go through all of the procedures. I. Revise Subdivision Control Ordinance to require completion of Subdivision within 4 years of initial construction. After discussing the items below and going back and forth on them Alderman Gilson said in order to streamline this conversation can we go through each one of these and make suggestions so that we can move forward. a. Revise the inconsistency/disconnect between the standard specifications for improvements requirements for acceptance (50% built out or 3-year after the roadway binder course) and roadway construction (no surface course until at least 70% of the adjacent, private improvements are complete but no longer than 3-years after binder course) with the Subdivision Control Ordinance requirements for completion of all improvements within 2 years from the date of approval of the final plat. Alderman Gilson's response to this was he feels this is taking a huge risk. This is dangerous no matter how many bonds or how many securities we have as this continues to sit we will not have enough securities to do a total replacement or to finish up the subdivisions; with that being said looking at the dollar amount, they are tremendous. There is no security that we have right now that may cover everything if we had to replace all of it today. Alderman Gilson thinks we should not extend this for 4 years. b. Clarify the distinction between "final plan" in section 11-5-1 and "final plan" in section 11-5-5 of the Subdivision Control Ordinance by referencing the "final engineering plan" and "final subdivision plat" respectively. Alderman Gilson was happy with this plan. c. Amend the Subdivision Control Ordinance to provide that "the failure to complete any infrastructure component is a violation of the code if such incomplete component may result in the harm to the system or potential failure of the system. Alderman Gilson was happy with this as well. Thought it was great. d. Extensions may be requested by the Developer and approved by either the City Administrator or City Council upon recommendation by the City Engineer and Public Works Director. Alderman Gilson does oppose this, he feels that the City Council should be involved with city extension. Alderman Kot also agreed with this. e. Extensions granted for no more than 1 year at a time and require: 1. submittal of a revised construction schedule; 2. updated engineer’s estimate of probable cost for completion; 3. updated LOC or Bond with revised amounts. Alderman Gilson made a comment that these are good changes and that he is happy with all of the changes. Page 4 of 7 f. Require an application fee for construction extension request. Alderman Gilson said that we need this and that it should be a set fee. Alderman Kot mentioned that there will be staff time and that the tax payers don't need to pay for this. Alderman Milschewski made a comment that until we know that there is a check we don't approve it and until this is determined and they are going to do the job and put the money up front we don't approve it, Alderman Milschewski didn't know if they could do that. Ms. Noble suggested making it an application fee. Alderman Gilson asked Ms. Noble to make sure that the verbiage is correct and clear on everything, he also asked her to do some research on fees or to come up with what she thinks it should be. Everyone agreed that there should be some kind of fee. g. Enforce the current Subdivision Control regulations for roadways and surface course installed no later than 3 construction years. (There was a correction made on this, it did say "binder course" and Ms. Noble said it should have said "surface course"; also where it said no later than 3 years she added construction years at the end). Alderman Gilson agrees with this, he thinks it should be even tighter; he would like to see the subdivision done in 2 years. Alderman Teeling said that she understands about the problem not having it done, but once it is done, it could cause problems for us because we have to accept the subdivision and if they are not done building it out and they are driving down the road with their trucks and if it tears up the road we then have to fix it. Alderman Gilson said if they damage the road with their equipment and we need to put something in writing to address this. II. Revise Subdivision Control Ordinance to require "Acknowledgement of Public Improvement Completion Schedule" a. Schedule outlines when the public improvements are to be completed and signed by the City & Developer. Alderman Gilson said that he is happy with this everyone else also agreed. b. Schedule states the City will place as a condition in the Final Plat of Subdivision approval Ordinance or PUD Agreement Ordinance that the development must have all streets, sewers, water mains, street lights, etc. installed in a workmanship like manner within 4 years of initial construction. Alderman Gilson said that he would push for 2 years, but that is just him. There were no remarks made from everyone else. c. Schedule will require the developer provide proof via a title search that all accepted infrastructure is free and clear of all liens and encumbrances. Alderman Gilson said thank goodness and that we need this in writing. d. Schedule states the developer will maintain the public improvements until they are approved and accepted by the city. Alderman Gilson said he is happy with this as well everyone also agreed. Page 5 of 7 III. Quarterly tracking of letters of Credits and Bonds re: Expiration Dates a. Projects nearing 2 years into construction will receive status inquiry letters from City Engineer and require an updated Public Improvement Completion Schedule. (This is the revised version, less than 40% built out was removed from this sentence). Ms. Noble will be revising this. Mr. Olson suggested that we just take out all the percentages a-d. Everyone agreed that this will make things easier. b. Projects nearing 3 years into construction will receive status inquiry letter from City Engineer with punch list and require an updated PIC Schedule. (Less than 50% built out was removed from this sentence). Ms. Noble will be revising this. c. Projects nearing 4 years into construction will receive status inquiry letter from City Engineer with punch list, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested/approved prior to 4 year construction deadline. (Less than 60% built out was removed from this sentence). Ms. Noble is to revise this. d. Projects over 4 years into construction will receive formal notification of default from City Engineer, at the City council direction, indicating that the LOC or Bond is subject to a demand for call within 60 days of date of notice should the developer not seek an extension for completion. (Less than 70% built out was removed from this sentence). Ms. Noble is to revise. IV. Revise Section 11-5-2 of the Subdivision Control Ordinance re: Contingency Requirement and Reduction of Bond Procedures * Increase the contingency requirement from ten percent (10%) to twenty percent (20%) contingency of the required improvements, as estimated by the engineer employed by the subdivider and approved by the city engineer, to assure the satisfactory installation of required improvements. Alderman Gilson said that we need to do this. Ms. Noble said that this is consistent with a lot of communities. * Codify the currently practiced reduction and release of letter of credit/bonds procedures as part of the partial or final acceptance process for subdivision improvements. Alderman Gilson said that the reduction process needs to be codified. Alderman Milschewski asked if we are going to update or do a whole new ordinance and incorporate the two resolutions in. Ms. Noble responded, yes. Alderman Milschewski said that she noticed that some of the spreadsheets have expired. Ms. Noble said that they will be going over everything at the executive session and will be going over materials on how we are moving forward on the bonds. Page 6 of 7 Alderman Kot asked as part of our quarterly tracking is it possible to receive these summaries like we receive our water bill? Ms. Noble said yes, you will start receiving summaries; this was the whole idea for the quarterly tracking. Alderman Kot also asked that with all these new rules and things we are tracking, do we have enough staff to stay on top of this. Ms. Noble says she is just doing the tracking by years. Alderman Gilson had a couple of questions on the codifiers. When going through everything Ms. Noble said that a lot of this has been cleaned up or some of it taken out and that she will be getting it to Alderman Gilson as soon as possible. This is also to come back to next month's meeting for discussion. He would also like to discuss the extension fees. Old Business: Alderman Kot asked what is going on about the down town parking? Mr. Olson responded that it has been on hold. There was a contract saying we have to have replacement parking at the jail site by May 2013. IDOT said that they would look into an extension, but we put it on hold, we finished the design on it and told EEI to put a stop on things and that we were looking into other locations. Alderman Kot said that this is something he would like to see on some agenda, to see where we are going on this and to get an update. Alderman Kot also said that if we don't get an extension then this year is going to go by and he thinks we need to have some kind of plan on where we are going to go with this. Mr. Olson said that he will update everyone at the executive session. Alderman Milschewski asked if we can get an update on what's going on with the jail. Is someone working on it or is it just sitting again? Mr. Olson said that the haunted house committee has been doing some projects on it with the money they raised from the haunted house fundraiser. Harold Oliver is waiting to see what we are going to do with the parking lot and the building in general. Alderman Milschewski asked if someone can get in touch with him to see if we can get an update on what they are doing. Additional Business: Alderman Teeling said that the businesses at the riverfront asked if we could put it on the agenda to discuss having at least 2 parking spots down by their business for their customers. They love the kayakers, but they park there all day long and there is no parking for the businesses. Mr. Olson said that they will take a look at it. He knew that there was some conversation about having parking spaces dedicated for the businesses, but wanted to make sure that the kayakers had a parking spot. Alderman Teeling said it is affecting their business and that there is no parking for their customers. Why can't the kayakers drop off their stuff and then go and park somewhere else? Mr. Olson is going to look into it. Alderman Milschewski asked Ms. Noble about the tree at 406 Heustis that is bone dead and has branches falling off it. Ms. Noble said that they have fined the guy there and then gave him a 30 day extension to have the tree removed. Page 7 of 7 Alderman Milschewski also said that she received a phone call from a resident in Heartland Circle about her ash trees being tagged. The resident asked if the city comes to remove the trees, does she have to replace them. Mr. Dhuse said that because they are on city property, then the city will replace them. Alderman Milschewski then asked about the trees down on Clarks, are the trees going to come all the way down? A resident called her with a concern that subdivision covenants might have been broken. Alderman Milschewski would like a follow up. Is IDOT going to replace any of the trees over there? Mr. Dhuse believes that they are going to come all the way down. Alderman Milschewski asked if there is a way IDOT can maybe donate some of the trees like they did for the schools for Arbor Day. Alderman Milschewski asked about the sidewalk in front of Circle Center? Mr. Sanderson said that there will be a sidewalk in front of the school. Alderman Gilson asked about the way they are grounding up the stumps? Mr. Sanderson said that they are coming back with the leaf vac and then will put dirt down. We are currently only working with a two man crew. The meeting adjourned at 7:30pm. Minutes respectfully submitted by Kimberly Ryan, Minute Taker