Public Works Minutes 2012 05-15-12
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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
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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
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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.
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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.
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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.
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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.
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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