Kendall County Times

City of Yorkville Public Works Committee met Jan. 17.

Here is the minutes provided by the Committee:

IN ATTENDANCE: Committee Members Chairman Joel Frieders Alderman Ken Koch Alderman Jackie Milschewski

Absent: Alderman Seaver Tarulis

Other City Officials Mayor Gary Golinski City Attorney Kathleen Fields-Orr City Administrator Bart Olson Engineer Brad Sanderson, EEI Interim Assistant City Administrator Erin Willrett Public Works Director Eric Dhuse Alderman Chris Funkhouser Alderman Joe Plocher Director Parks & Recreation Tim Evans City Consultant Lynn Dubajic City Engineer Tim Schultz, EEI

Other Guests: See guest lists

The meeting was called to order at 6:00pm by Chairman Joel Frieders.

New Business:

1. PW 2017-65 104 N. Bridge Street Development Agreement

Administrator Olson said he received many comments and emails regarding this project. The City Attorney reviewed the property deed and believes the City is in compliance for the proposed use. This committee will review the development agreement, Planning and Zoning will review the rezoning and variance applications and it will proceed to City Council on October 24th.

The project developer, Mark Southern, owns Fisherman's Inn and Encap, an environmental company. He wants to build a restaurant/banquet facility along the river and would also do restoration work at the park if this project moves forward.

The floor was then opened to public comment.

Nathan Schattke said there are many natural plants and wildlife. There are 8 parking spaces now and there is no need for more. He said the plan as presented has no drainage and the project will kill mature oak trees. He asked that the property be kept in the natural state. There are natural springs in the area and he questioned the drainage.

Shannon Range said there is a large of space for development on the south side of the river. She said Encap does an amazing job on restorations of the environment.

Lois Bushman of 109 E. Main said Ron Clark wanted a natural habitat as is indicated on the park sign. Many people use the park because of the naturalness. She had concern for the traffic and that parking would extend into the neighborhood. She said the road is not wide enough and there is housing all around, making it unsuitable for this project. She said the City knew what Mr. Clark wanted and what they signed.

Fred Gaebler lives next to the park and said natural spaces are few and far between. Mr. Clark sold his property below value with the assurance from the city that it would be maintained as a natural habitat. He asked how the city could use an access road for the benefit of another parcel. He said the Schomer property is zoned residential on the Comprehensive Plan. He hopes the city will utilize performance standards as to what is done with the park if the project is approved. He said this project sets a bad precedent for future sales to the city. He also asked for a clarification on the definition of access path to get to a public facility.

Anne Engelhardt, a 39-year resident, asked who would monitor what happens in this area. She hopes there will be a compromise if this project is approved, that trees will be preserved and parking spots reduced. Parking is a problem and perhaps a shuttle could be used. She hopes some weekends could be promised to citizens with total access to the park, rather than have most weekends reserved for banquet use.

Rachel Engelhardt said the park might be better cared for if developed. She said to consider the spirit of the gift from Mr. Clark. If all parking spots are used on weekends for a private business, it will be difficult for the public to use the park. Protections are needed for public use as well.

Gail Gaebler lives next to the park and said this project goes against Mr. Clark's vision. It will funnel traffic onto Main Street. Ms. Gaebler read a letter from Sharon Clark, sister of Ron Clark, that stated this was an inappropriate use, goes against restrictive covenants in the agreement and she expects the city to uphold the agreement and reject the project.

Alison Metz, Colton St., said she was astounded that the city could change what was in the agreement. There are no curbs on the streets and cars will be parking in their yards. She said there are many young children in the area and there is already an overflow of traffic on their streets when Rt. 47 backs up. Ms. Metz said a parking lot and access road do not make a natural area.

Darcy Tellone, Colton St., said there are many young families and she would not have purchased her home if she knew about this project. The area is not well-lit and people will have been drinking. She asked why other empty land could not be developed.

Melissa Bakel said this park is one of the few natural parks. She asked what would happen if the restaurant closed.

Larry Franklin, Spring St., said some people attending functions at the banquet hall will be irresponsible and alcohol will be a factor. IDOT will not approve access onto Rt. 47, so city traffic will dump onto Colton and Liberty Streets. He said the restaurant could be open more than 3 days a week and what if the restaurant fails. He said building south of the river would be better.

This ended the public comment and Bart Olson addressed the questions posed by the public. Ms. Orr also commented on the interpretation of making the park more accessible.

Alderman discussed what would happen if the business fails, snowplowing, traffic concerns, the right in/right out, impact on neighbors, noise, possible light at Main St., parking concerns, maintaining the integrity of the park and preservation of trees.

Alderman Plocher said he received many phone calls regarding a traffic light at Main St. and he would not vote for it. Alderman Funkhouser said the project was a great concept, however, he had concerns about parking and said the city should receive 100% recapture on all funds spent by the city. He said the project is for the benefit of the private enterprise. He asked to see all the city costs.

After this discussion, the committee agreed to move this forward to the Council.

2. ADM 2017-70 Building Conditions Survey Results

Ms. Willrett reported on this survey and said staff is now doing in-depth investigation of the buildings in poor condition. She discussed several of the buildings, in both good and bad condition, summarized the properties overall and the cost to repair. Alderman Koch commented that there are already unfunded items in the budget in addition to the repairs needed on these buildings.

Chairman Frieders asked to amend the agenda and move the next two items forward for discussion. 9. PW 2017-72 Windett Ridge-Acceptance of Improvements (out of sequence) Mr. Sanderson said Cal-Atlantic has requested acceptance of the improvements with some items remaining. He said there is also a trail that will need maintenance and he recommended acceptance of the development and improvements not accepted so far.

Bob Delo, HOA Manager, asked that the muskrat problem in the pond be addressed. He thanked Alderman Koch for attending HOA meetings to update residents and the City for their help and cooperation. This moves to the Council consent agenda.

Old Business: (out of sequence) 2. PW 2014-74 Railroad Quiet Zones Mr. Olson reviewed the history of the past quiet zone discussions. Costs were discussed in 2015 and the Council voted against the previous recommendation to move forward with a study. The floor was opened for comments from the public.

Joe Panozzo of Rivers Edge had gathered a petition with 259 signatures of those who want a quiet zone. The developer originally told the residents there would be two trains a day, now there are 4-6 a day and the horns are very loud. The developer also said that eventually the tracks would be eliminated.

Brittany Musser lives two streets from the tracks. She read a statement and said she hears two trains a night and some of the horns are about 20 seconds. She desires a quiet zone study.

Fred DuSell of Rivers Edge stated the quality of life is affected and some home sales have failed due to the trains. He said a similar study in Montgomery cost $45,000 and he believes crossing arms would be suitable in his subdivision.

Mr. Jody Dolan a railroad employee, said cars still go around the gates in the quiet zones and people get killed. He said fencing would be needed with the only access at the crossings. Mr. Dolan explained the sequence of sounds that an engineer must use at crossings and said it takes 2-3 minutes to get across town. There are more trains these days due to fracking requiring the use of sand. He suggested looking at the horn-blowing procedure that Prairie du Chien uses. They have a whistle ban from 10pm to 6am, however, double gates are needed. He said the decibels are the same on all trains and that all horns are recorded and required by law.

Mike Pfeiffer of White Oaks said homes by O'Hare Airport are being soundproofed by the city of Chicago. He said the horn-blowing pattern occurred nine times one night. He would appreciate if the city would re-open the study.

Ron Kelso of Rivers Edge said he lives 1 block from the train. There is a need for a better quality of life and a plan is needed to reduce the decibels. He asked the city to continue to explore cheaper solutions.

Ms. Perkins of Rivers Edge said the loudness depends on the conductors, sometimes the house rattles and things fall off the walls. She said some engineers are courteous with the horns, but asked that the matter be addressed with railroad personnel.

Alderman Plocher thanked all those who commented regarding the train study. He asked that the full City Council hear the comments about this situation and asked for a $7,000 feasibility study.

Chairman Frieders said only 2 crossings in Montgomery were made into quiet zones and may have only cost the $45,000 quoted earlier. He said in Yorkville there would be 3 crossings north of the river and 9 downtown that would have to be studied. He detailed all the needed equipment and actions at a possible cost of $250,000 per intersection. He is not comfortable spending this amount of money and suggested staff explore the Prairie du Chien solution and/or contact individual engineers. He said there are many other city projects that are required, such as future drinking water. Alderman Koch agreed with the financial concern. Alderman Milschewski also agreed and added that the city still has certain liability in quiet zones. She questioned why the city should do the study if quiet zones will not be established due to financial constraints. Alderman Funkhouser said the city was founded around the railroad and noted the amount of money just spent on a water study.

In conclusion, Mr. Sanderson will be asked to contact the railroad regarding the night-time horn ban and this matter will come back to committee.

Previous Meeting Minutes: September 19, 2017 The minutes were approved as presented.

3. PW 2017-66 Capital Improvement Project Update For information, no discussion.

4. PW 2017-67 Quarterly Bond/LOC Reduction Summary For information, no discussion.

5. PW 2017-68 Meeting Schedule for 2018 The committee approved the schedule as presented.

6. PW 2017-69 2018 Road to Better Roads Program – Engineering Agreement Mr. Olson said $27,000 is budgeted for design and $39,000 for construction. This moves to the consent agenda.

7. PW 2017-70 Letter of Intent – IDOT Improvement of US 30 from IL 47 to IL 31

Rt. 30 will be expanded and the city must determine the location of the trails. The proposal is for the trail to be on the south side from Rt. 30 to Orchard and a sidewalk on the north side. Mr. Olson said the city can opt out of the trail. This item will move to the Council regular agenda.

8. PW 2017-71 Traffic Control Signs – Sunflower Estates Area

Mr. Olson said a study was done and there are no recommended changes. For info.

10. PW 2017-73 ITEP Project Selection

This project opens December 1 and the Park District will apply for all 3 projects. There is no funding now, but a budget amendment could be done according to Mr. Olson. There is no easement at this time on Fox Road, so it was decided to apply to the County for an easement or TAP grant. This moves to consent agenda.

11. PW 2017-74 Verizon Site Access Agreement – 610 Tower Lane

This is a site access agreement and moves to consent agenda.

Old Business:

1. PW 2017-63 Ordinance Amending the Water Use and Service Regulations

Alderman Koch said language needs to be put in the ordinance to clearly address cutoffs and past due notices. A resident who had brought forth an issue believes he should not have to pay impact fees for each unit of his building with one service line. He also had an issue with the billing process and paying in arrears. Mr. Olson discussed buildings that have one shutoff for multiple dwellings. This moves to the Council regular agenda.

Additional Business:

Alderman Milschewski asked about the stop signs with flashing lights for Van Emmon. Mr. Olson said this will be addressed at the next Public Works meeting. He said a 2-way stop may be recommended for Heustis and Van Emmon. She also asked about the 'no parking on pavement' on Mill St. This will be discussed at the next Public Works meeting. Also discussed was people parking on the grass on Heustis where there are no curbs. Mr. Olson said that is not allowed.

There was no further business and the meeting was adjourned at 9:10 pm.

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