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Public Works Minutes 2012 09-18-12 APPROVED 10/16/12 UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, September 18, 2012 at 6:05pm City Conference Room Committee Members Present: Alderman Jackie Milschewski Alderman Diane Teeling Alderman Larry Kot Alderman Ken Koch 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 Guests: Frank M. Grenard, Johnson & Bell, Attorneys Vince Rosanova, Cornerstone, Attorney Pete Huinker, HR Green John Robbins, Shell Oil Company Project Manager Citizens Comments: None. Minutes for Correction or Approval: There were no minutes for approval. New Business: PW 2012-49 Shell Oil Request for Limited Area Groundwater Ordinance – Mr. Sanderson stated there is a memo with an overview in the packet. There was a minor spill on this site and Shell took proactive measures and followed the appropriate steps. Shell said the next step is to present to the city the limited area ground ordinance for consideration. The attorney and environmental engineer are present to speak to details or questions. Alderman Kot stated this agreement is to keep the city from being responsible for any costs and why is this needed if this is private property. Mr. Grenard said because it goes across a state road. It is for the worst case scenario in case a cost was incurred there would be an indemnity agreement and the city would be reimbursed on their dime. Mr. Grenard said the city doesn't have to worry about ever 1 incurring costs down the line. Mr. Grenard said chances of anything down the road will be very slim, but we have to prepare in case. Mr. Robbins stated the tanks have tested with no leaks. There is no off site contamination. Mr. Grenard said this comes from a long time ago from overspills before automatic shutoffs. Alderman Koch asked what is limited in this agreement. Mr. Grenard said there are two types of ground water ordinances and he explained the differences to the committee to make things clearer. Mr. Olson said the city cannot ever put a water well on any of these properties. Mr. Grenard showed the committee a map showing where the problem is and if there was anything in the future where it would be located and discussed the standards of the EPA. Mr. Robbins said the map shows all the locations which have been tested and the contamination doesn't even extend to the roadway. The tanks are no leaking and the ground is clay. Mr. Grenard said the EPA has us respond to all the “what ifs”. Alderman Kot asked if there was any affect on the pond located there. Mr. Grenard stated none. Alderman Kot asked if this will take care of itself over time. Mr. Grenard said yes. Alderman Teeling said basically all this is about is agreeing not to put a well on this property. Mr. Grenard said yes. PW 2012-50 Safe Routes to School – IDOT Agreement and Phase III of EEI Agreement – Mr. Sanderson stated this is another update. IDOT has sent the joint agreement to the city for consideration which provides funding for the project. He stated the public meeting was held back in July and several citizens showed up with questions and they were answered and addressed. The city is hoping for a construction start in June and wrapping up by start of school. Alderman Kot asked if the citizens were notified of this meeting ahead of time. Mr. Sanderson said yes. Mr. Sanderson said people were asking about tree locations and drainage issues. The city went out to the site to discuss and the city put them at ease. Alderman Kot said that is a big change for people. Alderman Kot pointed out a mistake on the streets listed. Mr. Sanderson said he will double check and correct it. This item was moved to consent. PW 2012-51 Com Ed Agreement for Cannonball Trail and Route 47 Utility Relocation – Mr. Sanderson said there is a memo in the packet about the history of this project. Mr. Sanderson said the project was bid and awarded in February and since that time the contracting has been complete. The city has been working with utility companies. Nicor work is complete. The city is waiting on Comed and that agreement is here tonight for consideration. Comcast and AT&T will begin work after Comed. Comed sent an agreement out and the costs rose slightly, since this project is driven by private development it is not city funds. Comed views it as a private development so they are requesting payment to be made for that work. It is $177,395.49. The project is around $900,000. The Comed expenses fall within the remaining funds. Alderman Milschewski pointed out the cost went up $20,000 in a few months. Mr. Dhuse said there are two extra poles. Alderman Kot pointed out the September 2009 date, Mr. Sanderson said that is an incorrect date. Alderman Kot asked if the staff thinks this increase is justified. Mr. Dhuse said yes. Mr. Olson said this is being paid for with bond funds not the city funds. This items was moved to consent. PW 2012-52 RTP Grant Agreement for Ron Clark Park - Mr. Olson said this item was applied for a couple years ago for trails and outlooks over the river. The city cost is only in house staff time. 2 Alderman Kot said these trails are giving citizens direct access to the river on the north side, which the city has not had before. Alderman Kot stated as this project progresses make sure the police are in the know, in case they are called down there for something. PW 2012-53 Rush Copley Phase I – LOC Release – Mr. Sanderson said Phase I of Rush Copley was accepted. The city visited the site and everything is in order and now the city is recommending a release of the letter of credits. The committee was in agreement to release the letter of credits. This item was moved to consent. PW 2012-54 – 2012 MFT Maintenance Program – Change Order #1 – Mr. Sanderson said a change order is being proposed to take advantage of the good prices for patching closer to a $50,000 amount. Alderman Kot said basically the city is making our money go further by having more done. Mr. Sanderson stated yes. PW 2012-55 Water Shut Off Procedures – Mr. Olson said it is good to review these procedures so when a citizen confronts the city we are aware of all the policies. Mr. Olson discussed the dates, late notice and shut off procedures with the committee. Mr. Olson said it is about a 45 day process from non-payment to shut off. Mr. Olson said it has resulted in better payment from residents. Mr. Olson said there was an issue with a tenant and a landlord. The tenant came in an had a delayed payment extended for 18 months. The landlord called and said he was trying to evict and it is not helping him and he would be on the hook for it. Mr. Olson said in the agreement there is a clause that the landlord has to sign off on it. Mr. Olson said the city is reviewing that issue. Mr. Olson said the city is looking for direction on the landlord/tenant issue. Alderman Teeling said she paid a water deposit when she has rented in the past . Alderman Kot said to leave it alone at this point. Alderman Kot asked if the city has authority to show compassion and understanding to those that are behind. Mr. Olson said it is pretty rigid by design. The city is not trying to be harsh, but the city can turn people to churches and other places to receive help. Mr. Olson said the payment plan is over an 18 month span to spread it out. Alderman Kot said there are a lot of people out there hurting and he wants to make sure the city is working with the residents. Alderman Milschewski stated the landlords should roll that into their rent payments. The city can't know who is behind on rent. That is not the city’s issue. The Alderman agreed to have the landlord deal with that. PW 2012-56 Briarwood Subdivision – Cornerstone Development Group Proposal – Mr. Olson said there is a memo in the packet with all the details. Mr. Olson stated the developer wants to complete some of the work. Mr. Olson explained to the committee the details of the proposal about splitting the walkways and trees in half and that will wrap up existing issues in this development and moves the subdivision forward. This will do some paving, grading work and everything on the punch list there will just be 35 vacant lots. Our code states the city doesn't accept anything until 75% is complete. Alderman Kot said if the roads are finished when the building picks up again, will the city have to fix those roads again in five years. Mr. Olson said the alternative is sitting on it more deterioration occurs anyway. Mr. Rosanova said this development is from 2004. Mr. Rosanova said this is a good resolution the developer wants to do the work, but it is not at 75% completion. 3 Mr. Rosanova said everyone is in agreement and the developer doesn't want to walk away from this and leave it for the city and he hopes the city council will support this. Mr. Olson said the developer wants the city to give them the go ahead. Alderman Teeling said this goes along with what the city ordinance was just changed to. Alderman Teeling said most of the city council agrees this is the best for the residents. Alderman Kot asked how much building has been occurring and if there is any interest in these vacant lots. Mr. Rosanova said the price is reduced to under $20,000 and there is not a great deal of interest. Mr. Dhuse said there is no SSA on this subdivision and finishing these things will help sell the lots. Mr. Huinker said if this sits another five years, it will be a gravel road and it would have to be completely redone. There was a discussion in committee about sidewalks and parkway trees and the builder/developer always knows that is something they need to do. The committee was in agreement to go ahead with this. This item was moved to consent. PW 2012-57 Dairy Queen Letter of Credit Proposal – The memo says they will be posting a pledge account an alternative form of security not allowed by city code. Mr. Olson said that through different interpretations of our city code, we have been requiring the wrong security for private improvements. Mr. Olson said this might need city council approval. The amount is $30,000. Mr. Olson said it is like a letter of credit to approve expenses and access the money. Mr. Olson said everything looks good out there and there are no issues. Mr. Olson said the city doesn't need to require security for private improvements like parking lots and landscaping. Alderman Teeling asked for clarification on the differences and requirements. Mrs. Noble said the it was putting a burden on the developers to bond for private improvements, so the city is reviewing our policy. Old Business: PW 2012-31 Status of Subdivision Bonds for Incomplete Developments – Mrs. Noble said this is an update on different bonds on several subdivisions. Mrs. Noble said three of the seven have been called and are in litigation so the city can call those off the book. Mrs. Noble said several others are being worked on. Mrs. Noble said the city is making project on the seven and the city will keep going through the list and updating committee as to where we are. The committee discussed some of the different subdivisions and what improvements will be taken care of. Alderman Kot stated that he really appreciates this information from staff and it is easier for them to follow and he would like to continue to receive these. Additional Business: Alderman Kot asked about the schedule on 47 construction. Mr. Olson said he has demanded to hear something by this week. Mr. Sanderson said the city is waiting on AT&T and we are trying to meet soon to receive an updated schedule. The committee discussed different work being done at this time on Route 47. Mr. Dhuse said he gets asked a lot on when things will start. Mr. Olson said at this point we should be able to get an answer on what month they are going to start. 4 Alderman Kot asked about a resident who asked about truck traffic during construction. Mr. Olson said it is based on different components and truckers will see detour sign and follow it. Mr. Dhuse said two way traffic has to be maintained at all times. Alderman Teeling asked about a pothole at Park and Route 47. Mr. Dhuse said he will check on it. Alderman Kot said as Route 47 is being redone the city needs to look into what it will take to finish out some of the side streets. Mr. Dhuse said that is what the city is wanting to do and we are looking into it. Alderman Milschewski asked for an update on River Road bridge. Mr. Sanderson said there are utility issues. There being no further business, the meeting was adjourned at 7:10 p.m. Minutes Respectfully Submitted by: Lisa Godwin Minute Taker 5