EDC Minutes 1997 07-09-97 JUL -16 -97 WED 08:05 AM COMPLIANCE 6306845346 P -02
City of Yorkville
Special Economic Development Committee meeting agenda.
Wednesday, July 9, 1997 at 7:00P.M.
County Board Room, 111 W. Fox Street, Yorkville
1. Green Briar Unit 3
Kathy Jones called the meeting to order at 7:05 P.M.
.Members present - Bob Johnson -Mayor
Kathy Jones
Jeff Spang
Richard Sticka
Tom Sowinski
Jim Nanninga
J.T. Johnson
Other present - Ron Wehrli - GreenBriar
Joe Hammer - Morris Engineering, Inc.
Jim Nanninga begins the meeting by briefly summarizing what had previously been
approved regarding Green Briar. At the last meeting held he stated there was a lot of
discussion about what the approved plan was. He makes reference to a letter from
September'95 that indicates that Joe Schmanski, as City Engineer, approved the set of
plans dated July 12, 1995, with some minor provisions. Neither the City, Schmanski,
nor Pavia can locate the letter. A plan dated 4 or 6 days later which does show the
revision date has been located, but doesn't indicate what was revised. Mr. Nanninga
recommends that a compromise be made and a conclusion be reached,
He indicates that there are 2 big issues remaining: One is the water main, and whether
It is a dual or single connection, and the other is the internal oversight. Mr. Nanninga
would like to discuss each and then give Ron Wehrli the floor.
Mr. Nanninga states that is seems like the preliminary plan indicated, that there would
be two connections, although the set of plans first looked at when he first joined the city
only showed a connection at Elizabeth. Mr. Nanninga states that Joe Schmanski, as the
City Engineer, who was not present at this meeting, did an overall water study and
determined that the water pressure as it got to Elizabeth, in certain areas in Green Briar
would fall below 20 pounds of pressure, which you can't have. So Mr. Schmanski
indicated to Mr. Wehrli would have to have that main along the high pressure system;
which would be the new main along the new Green Briar Drive along Route 47. At that
meeting it was determined and Mr. Wehrii agreed, that there was much conflict about
what was in fact said, and whether Elizabeth was dropped in lieu of, or would be added
together. Mr. Nanninga indicated that Bill Schmanski originally Indicated to Joe, that he
remembered that there was no conclusion about Elizabeth- it was just added to the
main. Mr. Joe Schmansky presented a letter today that did indicate that he recalls
giving Mr. Wehrli a release from doing the Elizabeth. Mr. Nanninga agrees that there
are many conflicting stories and plans, some which showed both, and some which just
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show one, and so he proposes not to pin blame on anyone, but to present a win /win
compromise for everyone.
Mr. Nanninga states that what the City suggests is that the water main that came down
from Green Briar Drive be the primary source of water now. From the city's perspective,
two lines were needed, because alot of people were on the one line. The city now
suggests that the developer go ahead and put in the Elizabeth Line. The original
estimate was 50 thousand, Mr. Wehli said 43 thousand but the city is estimating 35
thousand. The city is going with the 43 thousand dollar estimate. The oversizing of the
water and recapture owed on the water main along Green Briar Drive is the typical
oversizing. He stated that a certain portion would be Mr. Werhli's obligation because a
certain, piece of it fronts him. Mr. Schmanld's estimate is that if they went the normal
route With the recapture, Mr. Werli would owe about 35 thousand of the 84 thousand
total cost. We suggest that Mr. Werli get recapture on the entire main, as a second
source, with the assumption that he is going to put in the Elizabeth connection. (Then)
Green Briar becomes his secondary source, now that it's the water main source for
everybody like Morrisy's and Canal's and it also become stronger because it's getting
fed by Elizabeth through the subdivision. It makes the system better, and yes Mr.
Wehrli is getting full recapture. Mr. Nanninga continues that the city thinks the 40140 is
a wash, because Mr. Werhli ends up spending the same, he's putting more upfront, and
waiting for full recapture on the 84 thousand, but the city gets a much stronger system
as do.the residents of the subdivision. This is why we are suggesting the water main.
OVERSIZING COST ISSUE
Mr. Nanninga states that based on the city's past and current ordinance, Yorkville does
owe oversizing costs on the internal on -site costs. He states that Mr. Schmanski feels
very strongly that the sanitary sewer should not have oversizing costs, about half of it
was 8 inch, and half is 10 inch, which Mr. Schmanski believes was put -in as a 10 inch
for a flatter slope to be able to get under the storm sewer, and that's (why) he believes
there's no recapture owed on the sanitary system.
Mrs. Jones asks if the other option was to (go) to an 8 inch so they could go deeper.
Mr. Nanninga states they there were restrictions where they were tying in, so he thinks
this was the best from their prospective. He states that Yorkville'does owe Mr. Wehrli
some oversizing on the water main because_ he did go from an 8 inch to a 10 inch and it
went throughout the subdivision. He states their cost estimate to be about $18,500,
which is the difference between an 8 and 10 inch. Ms. Jones questions why it being
called an estimate because she believes it was taken off a plan that was ready to go;
therefore these are real numbers. Mr. Werli's sewer contractor, Whitey Bangor, also
agrees with this number.
Mr. Nanninga states that the problem Yorkville has with this number is that there isn't a
budget for $18,250 . He states that the city billed Mr. Werhli for about $21,000 in
different fees, between Dan Kramer, Pavia and their own staff reviews done on unit 1
and 2. $2500 of this amount is the cost that has been incurred internally with Joe and
Eric. He suggests a compromise: Mr. Wehrli would pay his complete bill, and Yorkville
would then work off its $18,250 and give Mr. Wehrli a credit for $2500. Mr. Werhli would
not actually pay $21,000, he would pay $18,000 and get a credit for $2500. Mr.
Schmanski has estimated that about $3500 is left in outstanding engineering work to get
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(the plan) accepted by the city,, for phase 1 and 2. There's $3500, which now brings it
to $6000
Remaining issues
Mr. Nanninga proposes that some other smaller issues be cleared up, among which are
the issue of trees, and letters of credit for unit 1,2 or 3 be eliminated. The city will work
with individual builders to put up trees; and not make an issue of the street that was built
at 27 feet. Of the local streets all but one are at 28 feet.
He suggests that no trees be replaced, Mr. Wehrli pays the $18,500, signs a letter of
credit and that this 9 o to vote tomorrow night as an agenda addition.
Streetlights
The issue of how many streetlights were to be put up and whether they are part of the
roadway, is brought up by Jeff Spang. It's stated that during a meeting in Mr. Kramer's
office, a recommendation is made for Mr. Wehrli to put lights up every 600 feet, and not
put in every light, so that the City or the next developer could install the one's in between
the existing lights. After some discussion a compromise was made and Mr. Wehrli
agreed to give the city a half of a light.
THE ISSUE OF RECAPTURE IS DISCUSSED AGAIN.
Mr. Wehrli states that it was his understanding, and according to the letter drafted by Mr.
Kramer, was that would receive full recapture on everything (water and sewer) on Green
Briar Road since he was doing everything "upfront ".
Mrs. Jones states that her understand of the issue from Mr. Kramer's office, is that when
it's the primary or only source of water, recapture can not be had on the whole thing.
Mr. Wehrli states this is the first time he's heard of this, but Mrs. Jones remind him that
this was discussed last week, and that she was informed of this by Mr. Kramer months
ago.
The discussion of full recapture continues for several more minutes. Mrs. Jones
remarks that if it becomes the secondary source by completing Elizabeth Street, then
recapture can be.done on the whole thing.
Mr. Wehrli reiterates that he was not previously aware of this, and he believed that Mr.
Kramer set it up months ago (for him to receive full recapture). Mrs. Jones asks how
the recapture ordinance reads.
Mr. Nanninga states that he was present at meeting with Mr. Kramer and Wehrll and
that it was said that Mr. Wehrhli would get recapture, but states that maybe it was a
semantic thing, because recapture always means that your pay your share and you
recapture what is not yours. He doesn't remember Mr. Kramer saying this would be (a)
special (case), that the City.would get Mr. Werhi the whole thing. Mr. Nanninga has no
recollection of that being said.
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Mr. Wehrli responds that there have been so many meetings that it is difficult to
remember what was said, and who said what. He states that it has been difficult
understanding all along because he had to put up the whole amount for the whole
thing. This, he states is the main stumbling block, the main issue.
He continues that he agrees with the new figures on the oversighting of the interior,
and his engineers also concur with the $18,000 amount.
He then states that he feels a great deal of frustration about many of the issues he's
had to deal with, including the issue of trees on the conservation easement. He's
checked with all of this contractors, and the only place that trees were taken down
was on t Y he entranceway to the subdivision, but that no trees were taken done b his
people. He continues that he Is very frustrated with the city; because of the
threatening letters he's been Issued if he doesn't comply with this and that; the
difficulty Irk working with the city and the length of time it's taken to complete what's
been done so far. He talks about the concessions he feels he's made up to this
point; some of Pavia- Marting's charges which he feels are questionable and how
now he's being told that he won't receive full recapture on the water main. He
doesn't know which figure to use on the water main, and questions the city's
estimate of $35,000 on the frontage road. He asks how that amount was arrived at,
and Mr. Nanninga states that it came from Mr. Schmansld, who can be reached by
pager.
J.T. Johnson discusses the size of the water pipe running down from Route 47 all the
way back by Mr. Wehrll's property, and states that he would have had to run on
minimum size anyway. Mr. Johnson believes it was a 6 inch pipe, but now it's 8 inch
and that Mr. Wehrli would have to pay for that much anyway, or he wouldn't have any
water.
Mr. Wehrli states that he paid for the whole road so he could get the subdivision, paid
everything up front, and was getting recapture, He stated that he understood about
the water on his front, but doesn't understand going all the way to 47, he thought that
was part of the whole package, if he upfronted everything.
Mrs. Jones states that If he's attempting to recapture the $84,000, that means he's
attempting to collect that, and he can not collect the whole thing, because he was
required to do some of it, which would be his base, which is an eight inch line from
route 47, plus his portions of oversight.
There is further discussion of what Mr. Wehrii's base is; how he cari recapture all but
his base portion, and Mr. Wehrli's contention that up until now he was under the
impression that all of it, including his base, would be recaptured.
ONSITE OVERSiZiNG
The discussion turns to the amount of money that Mr. Wehrli owes the city. $2500 of
the $21,000 Is what is owed to the Engineering Department. The $18,000 amount is
agreed upon by all present. $2500 minus $18,000 equals $15,700. The City is giving
Mr. Wehrli a credit for $2500, with an additional $3500 credit for Unit 1 and 2. That
leaves $12,200 which the City of Yorkville owes Mr. Wehrll. Mr. Nanninga asked for
that amount to be voided in exchange for some other things, such as not trees in the
letter of credit on Unit 3, no issue with the 27 foot wide street; that the vote be
brought up quickly, with no promises on the outcome, and no tree replacement for
the conservation area.
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Mr. Sponge brings up the issue of trees in Unit 3, and Mr. wheel states that he will put
trees up in Unit 3, but leave Units 2 and 3 alone because he can put stipulations in
the builders contracts that state they are responsible for trees, and that they have
one year guarantees in the contract to put in the trees.
Mr. Wehrll states that he doesn't feel It's fair to knock money off the other $12,000
for things already agreed upon. He also states that he'd have to challenge the
money owed by Pavia- Marting. He Indicates that he would like to speak with Mr.
Karma one more time on what they had agreed on previously.
TRESS ALONG GREENBRIAR
Regarding trees along Green Briar, Mr. Jeff Spang questions the dates of the plans
that were approved. Apparently some approval was done on preliminary plats.
Mr. Wehrli states that he would go along with this is he get the balance of the
$12,000 (owed) knocked off this balance, and if he could get up before the City
Council and get a vote*on this. Mr. Jim Nanninga proposes that the 12,000 be split,
but Mr. Wehrll is firm about getting all of the $12,000 of, partly because he has
repeatedly compromised with the City and because all along he's done what's right.
He states that this Is the least he should get.
Mr. Nanninga states that of the $21,000, only $12,000 Is Pavia- Marting, who haven't
been paid yet.
Mr. Wehrli reiterates that $12,000 be written off, some way, somehow, because he's
been beat up on just about every state of this development.
Mr. Spang proposes that his not be voted on tomorrow night so he can get clear on
the dates of approves. Mr. Jim Nanninga states that some of this approval has
always boon a matter of legal opinion.
Mr. Wehrll states that It would be a big step backward to get back and look at every
issue again.
Mrs. Jones states and Mr. W ehrii agrees that the engineering on the whole
subdivision was all done together, and that's why trees were done all together, and
Phase 3 was supposed to be done at the same time. Mr. Johnson states that
provision was made for Phase 3, that a contingency would be put on the builders to
put In parkway trees, for this would not be Mr. Wehrli's responsibility, and that it
would take a motion by the council to put this In.
Mr. Wehrll wants to clarify that in Lot 3, no homes have been sold or closed. He
state that he would like things to be voted on ASAP to get unit 3 approved. He
reminds the committee that he deals with local builders, and times have been hard
for them, and that the can fold and walk away and do a lawsuit and it would be easier
for him to do that than for the builders to sit around and wait for things to get
approved. He reiterates that it's time for samo conclusions to be reached, that he
and the city should compromise.
Mrs. Jones agrees that an agreement be put in the Individual builders' contract to
make them responsible for putting in parkway trees, and the City of Yorkville gets
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what it wants. Mr. Nanninga states that there's a certain amount of money planned
on the revenue side for development fees to pay Joe and Eric, it's still their budget
for the $12,000.
There Is discussion of costs again, and Mr. Wehrli agrees that he would be willing to
glue the city a check for $21,000,
Estimated fees for Phase 3 are 15,000.
There is a discussion on how one street was done at 27 feet and who approved those
plans. Apparently Pavia- Marting approved a set of plans that were not in
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compliance with city standards. A discussion of how this happened follows.
Mr. SpAng states that he would like to check the following date out be fore he's
asked t6 vote on the issue:
passage for the current subdivision control ordinance;
date of preliminary approval.
Prior to the subdivision control ordinance, the city has not approval on file; copies of
preliminary plans would need to be studied, and Mr. Johnson states that he would
not want to make it an issue of law, because a judge would have to determine what
is right and wrong because of all the conflicting information on each of the drawings.
It's agreed by all that a judge would probably tell all involved to work these
differences out and they agree that's what they are attempting to do.
Mr. Spang brings up the issue of trees and why don't' subdlvIslon 1 and 2 have trees.
Mrs. Jones states that the final plats and plans for 1 and 2 did not have trees and that
the City Council, whether it intended to or not, already issued a variance for
approving the plans without trees.
It was stated that from now on the city has instituted measure to prevent what
happened with Green Briar from occurring in the future, this was done by:
subdivision control ordinance
better meeting minutes being kept
Joe is now sealing and stamping the approved set of engineering plans, there
will be no construction until this occurs and a set of approved pions are kept on file,
with a set given to the developer.
Mr. Wehrli states that without the intervention of Mr. Kramer, and meeting with Mr.
Kramer and Mrs. Jones, they wouldn't be at the paint they are now, and although his
is not threatening the city, he states that if things do not continue to move along, his
next step would have to be Initiating a lawsuit. He was hoping to work things out and
get the issues up for a vote tomorrow night, but states that if he doesn't get the vote,
he'll have to take alternative actions. He could still require the builders to plant trees
on the remaining duplexes and lots.
Mayor Johnson state that things have gone so far,.that he wo
construction stop because of a hang -up about trees. He States t hat M . Wehrli is
willing to do the following:
In phase 1 and 2 - get the builders to plant trees and switch from duplexes to
single family homes on the remaining lots In Phase 3.
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Mrs. Jones states that the only rerlhaining Issue is the $12,000, but Mr. Wehrli states
that he would be willing to get the 12,000 out of Phase 3 money.
Mrs. Jones requests that an agreement be drawn up with all the stipulation agreed
upon between the city and Mr. Wehrli, and the signed agreement be voted upon at
tomorrow night's city council meeting.
Mr. Johnson with Mr. Wehrli, and that in his discussion with local builders, they've
stated that they'are anxious to get permits, that there are buyers out there and time
is quickly passing and that people want to move into these houses in time for the
start of the new school year.
Mr. Nanninga states that he will meet with Mr. Kramer, and the letter of
understanding W11-be drafted. Mr. Wehrli will be present to read and sign the
agreement.
The amount in question still owed to the City is $18,500, and will be stipulated in the
agreement, as will the provision that the remaining lots will be built as single family
homes instead of duplexes.
Mrs. Jones asks that"all member of the City Council be givers information packets so
everyone will have the relevant information and then hopefully the issue can come to
a vote.
The meeting adjourned at 8:30 P.M.
ubm ed by
Patti Crawford
Recording Secretary