City Council Minutes 2006 08-22-06 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY, AUGUST 22, 2006.
Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Absent
Ward R Burd Present
Wolfer Present
Ward III Bock Present
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Attorney Wyeth, Interim City Administrator Crois,
Assistant City Administrator Olson, Police Chief Martin, Director of Public Works Dhuse,
Finance Director Mika, Community Development Director Miller, Director of Park & Recreation
Mogle, and Public Relations Manager Spies.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
I
AMENDMENTS TO THE AGENDA
Alderman Spears asked that Item #22 — Ordinance Approving BP Amoco Sign Variance be
removed from the Consent Agenda and placed under the Mayor's Report. Mayor Prochaska
asked that Item #14 be removed from the Consent Agenda and placed under the Public Works
Committee Report.
COMMITTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, September 19, 2006
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, September 19, 2006
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, September 5, 2006
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, September 5, 2006
City of Yorkville Conference Room
i
_ Ad Hoc Technology Committee To Be Announced
PRESENTATIONS
None.
PUBLIC HEARINGS
Betty O'Keefe Family Limited Partnership
(PC 2006 -37)
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Betty O'Keefe Family Limited Partnership, petitioner, who have filed an application with the
United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of
Yorkville and rezoning from Kendall County A -1 Agricultural District to United City of
The Minutes of the Regular Meeting of the Citv Council — August 22, 2006 — Daee 3
Yorkville B -3 Service Business District and for hearing as to the Annexation Agreement of
Petitioner. The real property consists of approximately 140.9 acres at the east side of Route 47
between Galena Road and Corneils Road. Yorkville, Kendall County, Illinois. So moved by
Alderman Munns; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye
i
Attorney Vince Rosanova representing the Betty O'Keefe Family Limited Partnership addressed
the City Council. He indicated that the Landmark Group, LLC would be developing the northern
72 acres while Property Concepts Inc. was developing the southern 20 acres_ He reiterated the
location and current zoning of the property as stated in the motion. He pointed out the following
highlights of the Annexation Agreement:
• Upon annexation, the property in its entirety will be zoned B -3 Service Business District
• Prior to the build out of the property, there will be interim uses such as trout farming,
stock - piling of dirt, temporary detention, etc.
• It is anticipated that the water for this property will be provided by from the Raymond
Stormwater Management and Storm Sewer Outfall.
• The developers have agreed to participate and pay per acre for the stormwater storage.
• Contingencies have been provided if the stormwater facility is not ready; the developer of
lots 2 and 3 is anticipated to open a facility on these lots_
o They are requesting the placement of a 10' by 10' sign indicating the commercial uses on
the property.
o There will be adequate parking upon the grand opening of the water park that will be on
lots 2 and 3; overflow parking is also being provided for.
• The developers have provided for the construction of a 10' bike trail along Galena Road.
• An east/west street will be constructed through the property.
• There will be a 5% admission tax which will be paid to the City and the City will rebate
55% of any funds collected as a result of the tax.
• They will dedicate land for the widening and improvements to Route 47 as well as
provide for signalization of Route 47.
• To offset the Route 47 costs, the City will enter into a sales tax rebate assessment
agreement. If the state agrees to participate in a sales tax rebate, the City and developers
agreement will be reduced and/or diminished.
The floor was opened for public comment.
Park Board member Van Truman, 907 State Street, thanked the Lundmark Group for their
selection of Yorkville for the water park. He stated that he has heard concerns regarding the
water usage and traffic generated from the water park but he felt that these concerns would be
mitigated due to the location, planned use of the property and operating hours of the water park.
Mr. Truman referenced a survey that was done of Yorkville residents which identified that this
type of facility is highly desirable in the community by Yorkville residents. He stated that he
supported the development of the water park in this location.
Deven Truman, 907 State Street, stated that he supported the water park and he was happy to see
it coming to Yorkville. He stated that he and his friends can hardly wait for the parks opening.
There were no further public comments.
The floor was opened for comments from the City Council.
Alderman Munns asked for clarification of the rebated amount and Mr. Rosanova indicated that it
was 55 %. Mayor Prochaska stated that he would like to keep the rebate in line with that give to
the Ratos property to the south and has asked staff to look into the rebate amount so that rebates
are kept similar. He expressed his pleasure that developers and landowners are willing to work
1, with the City in order to get Route 47 widened in this area. Mr. Rosanova indicated that there
were upcoming meetings with the staff and as they appreciated the City's participation in the
Route 47 improvements they would be willing to work on this.
Alderman Spears questioned the following items in the Annexation Agreement:
o Page 7; item D - why an original paragraph regarding temporary intersection
improvements was deleted. She felt that the replacement paragraph was not very
specific. Mayor Prochaska explained that everyone is trying to work with the State of
Illinois on the Route 47 improvements and no one wants the state to require money be
spent on temporary things. The idea is to have all five lanes permanently constructed
right from the start. Mr. Rosanova stated that they tried to specify the exact
improvements that would need to be in place in order to open the water park in the
The Minutes of the Regular Meeting of the Citv Council — August 22, 2006 — nage 3
original draft. Staff reviewed the language and was more comfortable with language
based upon Illinois Department of Transportation approval.
• Page 9, the third item that was deleted regarding the City acknowledging that 50% of the
cost of the intersection would be the responsibility of the developer. Mr. Rosanova
explained that the original draft indicated that the stub street would connect to the Ocean
Atlantic property and they would reimburse the cost of the intersection improvement by
50 %. However, Ocean Atlantic has revised their plan and now the road will not connect.
• Page 14, second paragraph — refers to ten years total net collected revenues however page
17 refers to twenty years. Mr. Rosanova explained that the items are referring to two
different provisions. Page 14 refers to the 5% admission tax imposed on lots 2 and 3 and
page 17 refers to a sales tax rebate needed to offset the Route 47 improvements.
• Page 18; item D, first paragraph, regarding the computation of sales tax rebate on lots 2
and 3 versus lot 4. Mr. Rosanova explained that the O'Keefe's will be experiencing the
initial expenditures. If they sell or transfer the property, they want the option to reduce
the sales price, continue to collect the sales tax rebate or sell at a higher price and transfer
the rebate. Either option will not increase the obligation of the City.
• Page 18; item E, paragraph three regarding the release of the state share of the State
Retailer's Occupation Tax. She asked how the City will benefit without the sales tax.
Mr. Rosanova explained that they are asking the City to work with the State to get them
to relinquish their portion of the tax and pay it to the City. If the State agrees to this, the
City will in turn pay the developer the collected tax to offset the expenses incurred do to
the Route 47 improvements. If this is accomplished, the developer will agree to reduce
the terms of the sales tax rebate. If the State does not agree to the rebate, the sales tax
rebate will remain at the amount negotiated between the City, developers and the owners.
• Page 18, sixth sentence from the bottom, regarding expenditures incurred in the
dedication of land, etc. Alderman Spears asked if this included legal expenses and Mr.
Rosanova stated that it did not.
Alderman Spears indicated that she did have additional questions on the rebate process however
she could direct them to City Attorney Wyeth at a later time.
There were no other comments from the City Council.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays -0
Wolfer -aye, James -aye, Munn -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye
CITIZEN COMMENTS
Joe Gilbert, 3561 Cannonball Trail, addressed the City Council. He stated that the overall
concept of Kendall Marketplace is in direct conflict with the plan for the area which only shows
commercial along the frontage of Route 34. The remaining area is residential. He stated that for
most local homeowners, their home represents a significant amount of their lifetime earnings and
he noted that he recently invested a large sum of money to keep his three acres as a viable horse
farm. He stated that residents depended on the validity of the plan to protect their investment in
their property. He noted that in a recent letter to the local paper, those opposed to Kendall
Marketplace were reflected as being opposed to commercial development in Yorkville however
he believed that most support economic development in Yorkville. What they are opposed to is
the fact that this development has a significant negative impact on a large number of local
residents. He felt that commercial development does not belong in the proposed area. He also
noted that the developers painted a picture of Yorkville losing tax dollars however the businesses
in the plan will probably come to Yorkville without this development because they want to be in
Yorkville. He stated that he felt that the Menard's and Countryside Center areas are where
commercial development belongs. He went on to state that at the original presentation of the
plan, the developer indicated that the focal point of the - development would be at Route 34 and
Beecher Road however the current plan indicates no significant retail on Beecher Road. He noted
that there is no preexisting development along the new Beecher Road extension while there is
along Cannonball Trail. He cited other concerns such as the addition of an entrance /exit to
Cannonball Trail; water retention, water runoff to Blackberry Creek, no transitional development,
etc. He stated that the plan is a very poor proposal and a slap in the face of homeowners who
have been in the community for many years. He asked the City Council not to support the
proposal as presented because the development does not belong at this location especially in its
current orientation.
Tim Popplewell, President of the Kylyn's Ridge Homeowner's Association (HOA), addressed the
City Council. He stated that a large majority of the homeowner's in his area realize that this is
I
I
The Minutes of the Reeular Meeting of the Citv Council — Auaust 22.2006 — Dage 4
i
the single largest retail development to come to Yorkville and will help Yorkville's tax base.
However, they do not agree with using High Ridge Road as an access point to the development at
the expense of the safety of the resident's of Kylyn's Ridge. He stated that he spoke with a few
of the City Council members and proposed some suggestions how this could be accommodated.
He stated that he has reviewed the traffic study which included the Kimball Hill development,
Blackberry Woods, the proposed Rush - Copley Medical Center, Cannonball Trail and Route 34.
He noted that it did not include Kylyn's Ridge or Kylyn's Crossing which contain approximately
250 additional homes. He stated that he did research on the internet and saw there were no retail
developments which had direct access to a residential area. He requested, on behalf of the HOA,
that the retail plan not have access to High Ridge due to safety concerns. He suggested access be
at the park location and there be a connection to Beecher Road at Northland and White Plains.
He asked the City Council to vote wisely.
CONSENT AGENDA
1. Building Permit Report for June 2006 (EDC 2006 -17)
2. Building Permit Report for July 2006 (EDC 2006 -20)
3. Ordinance 2006 -84 — Rezoning Landscape Depot - authorize the Mayor and City Clerk
to execute (EDC 2006 -21)
4. West Kendall Property Conveyance — authorize the Mayor and City Clerk to execute the
deed (EDC 2006 -24)
5. Resolution 2006 -65 — IDOT Highway Permit and Resolution — Saravanos Route 47
Improvements - authorize the Mayor and City Clerk to execute (PW 2006 -129)
6. Rob Roy Creek Interceptor (Contract 4) - Change Order 41 - authorize increase in an
amount not to exceed $21,871.63 and authorize Mayor to execute (PW 2006 -130)
7. Shops at Veteran's Parkway - Plat of Easement - authorize the Mayor and City Clerk to
execute (PW 2006 -131)
8. Fox Hill (Unit 6, Lot 2) — Plat of Easement - authorize the Mayor and City Clerk to
execute (PW 2006 -133)
9. 2006 Asphalt Surface Treatment Program Bid Results — award to CAM, LLC in an
amount not to exceed $47,328.08 (PW 2006 -134)
10. Menard's Commercial Commons, Lot 9 (Culver's) - Plat of Easement - authorize Mayor
and City Clerk to execute (PW 2006 -135)
11. Raintree Village Unit 4 - Letter of Credit #FGAC -05372 - authorize City Clerk to call
Letter of Credit if not renewed by October 25, 2006 (PW 2006 -136)
12. Grande Reserve Unit 12 - Letter of Credit 4S585960 - authorize City Clerk to call Letter
of Credit if not renewed by November 6, 2006 (PW 2006 -137)
13. Grande Reserve Unit 13 - Letter of Credit 4S585959 - authorize City Clerk to call Letter
of Credit if not renewed by November 6, 2006 (PW 2006 -138)
14. Grande Reserve Regional Park — Earthwork Acceptance and Letter of Credit Reduction
42 — subject to verification that developer has no outstanding debt owed to the City (PW
2006 -140)
15. Wells No 3 and 4 Treatment Facility - Change Order 43 - authorize increase in an
amount not to exceed $900.00 and authorize Mayor to execute (PW 2006 -141)
16. Prairie Meadows Subdivision — Bond reduction #1 — subject to verification that developer
has no outstanding debt owed to the City (PW 2006 -142)
17. 2005 In -Town Drainage Program - Change Order # 13 - authorize decrease in an amount
not to exceed $143,500.00 and authorize Mayor to execute (PW 2006 -143)
18. Prestwick of Yorkville (Phase 1) — Revised Construction Guarantee Amount — subject to
staff approval of landscape cost (PW 2006 -144)
19. Cannonball Estates Units 1 and 2 — Final Acceptance of Watermain, Sanitary Sewer,
Roadway and Miscellaneous Improvements — — subject to verification that developer has
no outstanding debt owed to the City (PW 2006 -145)
20. Raintree Village Park A — Construction Bid Approval — award to J.E.M. Morris
Construction in an amount not to exceed $45,840. 00 (PKBD 2006 -07)
21. Ordinance 2006 -85 — Approving Wal-Mart Variances - authorize the Mayor and City
Clerk to execute (ZBA 2006 -41)
Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved
by Alderman Spears; seconded by Alderman Bock.
i
Motion approved by a roll call vote. Ayes -7 Nays -0
Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
I
The Minutes of the Regular Meeting of the Citv Council — August 22. 2006 — Dage 5
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the Committee of the Whole
meeting of July 11, 2006; seconded by Alderman Besco.
Alderman Bock questioned the date of the meeting and Clerk Milschewski clarified that the
minutes were from a Special Committee of the Whole held just prior to the July 1 P City Council
Meeting
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated August 9, 2006 totaling the following amounts: checks in the amount of
$2,079,681.65 (vendors); $197,286.52 (payroll period ending 8/5/06); for a total of
$2,276,978.17; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays-0
James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Wolfer -aye
REPORTS
MAYOR'S REPORT
Proclamation for National Library Card Signup Month
Mayor Prochaska read a proclamation for National Library Card Signup Month, September 2006
(see attached). Mayor Prochaska entertained a motion to ratify the proclamation. So moved by
Alderman Munns; seconded by Alderman Wolfer.
Motion approved by a viva voce vote.
Proclamation for Save of Life Month
- Mayor Prochaska read a proclamation for Save of Life Month, September 2006 (see attached).
Mayor Prochaska entertained a motion to ratify the proclamation. So moved by Alderman
Wolfer; seconded by Alderman Bock.
Motion approved by a viva voce vote.
Ordinance 2006 -86 Approving BP Amoco Sign Variance
(ZBA 2006 -38)
Alderman Spears entertained a motion to amend the ordinance approving the variance for various
signs at the commercial property located at the northeast comer of Routes 47 and 34, BP Amoco
Gas Station. So moved by Alderman Wolfer; seconded by Alderman James.
Alderman Spears noted that the ordinance indicates Aldermen Sticka and Kot. She asked that the
Scribner's error be corrected.
Motion approved by a roll call vote. Ayes -7 Nays -0
Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
i
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — August 22, 2006 — vage 6
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse had no report however Mayor Prochaska asked him if he could contact IDOT to
readjust the lights at Galena and Baseline Roads before school starts. Director Dhuse stated he
would do so.
CHIEF OF POLICE'S REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT
No report.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
Mrs. Spies reported on the following items_
• On August 26, 2006 from 12:00 to 4:00 p.m. there would be a free event at the Hoover
Outdoor Recreational Center. Attendees will be able to view the facility at this time.
• The deadline for articles for the City's Newsletter is September 5, 2006.
• Hometowns Days would be held September 3 rd through the 5" 2006.
COMMUNITY & LIAISON REPORT
Prairie State Legal Services
Alderman Spears reported that the Prairie State Legal services will be holding a training
workshop addressing diminished capacity in an effort to teach professionals how to detect this
with the elderly.
Illinois Long -term Care Ombudsman Program
Alderman Spears reported that the Illinois Long -term Care Ombudsman Program is launching a
state -wide initiative to increase the personal needs allowance for those in long-term care facilities.
She stayed that she had a petition to sign asking that the allowance be raised from $30 /month to
$90 /month.
Senior Service Lifestyle Expo
Alderman Spears reported that on September 6`" and 7`' a Senior Service Lifestyle Expo will be
held at the Drury Lane Theatre in Oakbrook Terrace. This year's theme is "Getting Connected —
Working Harder to Make Aging Easier ". The expo will include a health and wellness area,
entertainment, exhibitors, seminars, etc.
Prairie Parkway
Mayor Prochaska reported that the Prairie Parkway group is continuing to move forward on the
design of the parkway. Recently, they moved the proposed intersection of Route 71 and the
parkway slightly west due to grading issues. The group is looking to create a theme and
consistent look for the parkway. They are looking for suggestions from the public for this. A
proposed idea is to use blue -stem prairie grass along the road. Mayor Prochaska stated that he
would be happy to take any thoughts or ideas back to the group. The group is hoping to have
enough finished in order to have a public hearing by December 2006.
Parking Ban Survey
Alderman Bock asked for an update on the Parking Ban Survey. Mrs. Spies indicated that the
survey is at the printer and should be out to residents by the weekend. Alderman Munns asked
for clarification that it was one survey per household and Mrs. Spies stated that this was correct.
i
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Grande Reserve — Route 34 Improvements and Bond Reduction #2
(PW 2006 -139)
Mayor Prochaska explained that this item is subject to verification that the developer has no
outstanding debt owed to the City. He indicated that this was not reflected on the Consent
Agenda.
Mayor Prochaska entertained a motion to approve the Grande Reserve — Route 34 Improvements
and Bond Reduction 42 prior improvements reduction not to exceed $22,436.18 and subject to
IDOT acceptance and verification that the developer has no outstanding debt owed to the City.
So moved by Alderman Bock, seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -7 Nays -0
Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye
I
I
I
The Minutes of the Regular Meetine of the Citv Council — August 22, 2006 — pare 7
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2006 -87 Heartland - Authorizing Execution of Annexation and
Planned Unit Development Agreement
(PC 2006 -22)
A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an
Annexation Agreement and Planned Unit Development Agreement, as presented, with the owners
�- and developers set forth in the Agreement for the subdivision commonly referred to as Heartland
Crossing Subdivision, and authorize the Mayor and City Clerk to execute all documents upon
final legal and staff comments and review; seconded by Alderman Besco.
Mayor Prochaska noted that the City Council received a memo dated August 22, 2006 from City
Attorney Wyeth addressing the Public Works Facility and Water Facility. 2.25 acres is being
donated to the city for the well and water tower site and there is an option for the City to purchase
an additional 5.53 acres for the Public Works site.
Alderman Burd questioned if this was a good location for a Public Works facility; facilities are
usually near industrial areas not residential. Public Works Director Dhuse stated that it was a
good site because the department will need to diversify as the City grows. He also noted that a
sign will be posted on the site indicating its intended use.
Mayor Prochaska stated that a centrally located spot was investigated and that the only industrial
area on the south side of the City was the Fox Industrial Park. It was not known if there was any
available land there. He stated that as other developments come into the City, alternative sites for
the facility could be investigated. That was the reasoning behind the option for the purchase of
additional acreage.
Alderman Spears questioned the following items:
• Page 7, item 5 addressing the maximum lot coverage (no more than 35% coverage on a
lot of less than 12,000 square feet). She felt that this was vague. Mayor Prochaska
explained that this limits the size of a building put on a smaller lot. Director Miller
further explained that this was typical.
• Page 9 item A, regarding the establishment of a Special Service Area for public
improvements. Mayor Prochaska explained that there will be the availability for an SSA
for well, sewer and water. City Administrator Crois noted that the City is trying to
assemble a group of developers in the southern area which will install to $17 to $20
million of infrastructure improvements such as wells, water tower, lift stations, sewer
interceptors, etc. The City is asking these developers to up front their sewer and water
fees to cover the cost of these improvements and the SSA is a means for them to finance
this. It will be a "pay down" SSA. Alderman Spears asked if there was language in the
agreement indicating it was a pay down SSA. Administrator Crois stated that it is policy
to have this language in the Agreement and the type of SSA and funding has also been
discussed with the City's bond consultant, Peter Raphael.
• Page 18, item 11, regarding the Public Works Department Facility and fair market value
for the 7.78 acres. She stated that Exhibit "J" indicates a figure of $80,000.00 however
she believed the City Council was told by the water park representatives that the land was
$285,000.00 /acre. John Phillipchuck, attorney for Richard Marker & Associates, stated
that the $285,000.00 figure came up however it was the sale price of the commercial
property associated with the Annexation Agreement for the water park property. This is
a different agreement. He noted that Exhibit "J" and "J 1" in this agreement refer to the
school and park contributions and the $80,000.00 /acre is for cash in lieu of land. City
Attorney Wyeth stated that the fair market value referred to in item 11 will be set by fair
market values at the time of conveyance.
• Page 19, item 12 regarding school and park donations. Alderman Spears questioned if
the correct name to be used is the Parks and Recreation Department. Mayor Prochaska
also noted that the correct name of the City is the United City of Yorkville.
Alderman Burd expressed her concern with the developers front funding fees and then receiving
an SSA. She questioned how a huge slowdown in the housing market would affect the City.
Administrator Crois explained that there are provisions to address this. There is a payment
schedule for the bond issue and as developers sell lots and pay the bonds off they receive a credit
in the amount of money used to pay off the bond issue. Also, if something occurs such as the
developer going out of business, the SSA bond is alien against the property. Attorney Wyeth
stated that the City Yorkville would not be affected because the lien would be against the land
and the bond holder takes the risk.
The Minutes of the Regular MeetinLy of the Citv Council — AuLyust 22.2006 — aaLye 8
i
Motion approved by a roll call vote. Ayes -6 Nav_ s -2
Bock -aye, Besco -aye, Wolfer -aye, James -aye,
Munns-ave, Burd -nay, Spears -nay, Prochaska -aye
Resolution 2006 -66 Heartland Crossing — Approving PUD Plan
(PC 2006 -22)
A motion was made by Alderman Mums to approve a resolution approving the Planned Unit
Development Plan for Heartland Crossing Subdivision, as presented and to authorize the Mayor
and City Clerk to execute all documents upon final legal review and staff comments; seconded by
Alderman James.
Motion approved by a roll call vote. Ayes -5 Nays -2
Spears -nay, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -nay
Ordinance 2006 -88 Kendall Marketplace — Execution of Development Agreement
(PC 2006 -34)
A motion was made by Alderman Munns to approve an ordinance authorizing the execution of a
Development Agreement, as presented, with Cannonball, LLC developer of Kendall Marketplace
and authorize the Mayor and City Clerk to execute all documents upon final legal and staff
review and staff comments; seconded by Alderman James.
Alderman James asked how many lanes there would be on Cannonball Trail. Rick Hiller and
William Woodward with the developer stated that there would be two lanes with a center turn
lane. Alderman James expressed his concern that the improvements to Cannonball Trail might
not be enough. He noted that a 50' easement from Cannonball Trail to the buildings was nice
however what if Cannonball Trail needed to be expanded in the future. He asked if provisions for
future easements or right -of -ways (ROW) have been made. The developer indicated that they
have not and Alderman James suggested that this be addressed in the agreement. Director Miller
explained that the widening of Cannonball Trail depends on traffic studies and future build out.
Currently, the development does not warrant a wider road.
Alderman Munns commented that traffic from this development will affect several areas of
Yorkville however he felt the only way to get Routes 34 and 47 widened to four lanes is to have
developments liked this come into the City. He asked the developer if they considered cutting off
access to Kylyn's Ridge as earlier discussed. Representatives from the developer showed an
alternative to this access which will be near the park.
Alderman Burd asked if it was the City's request to connect to the subdivision. Director Miller
stated that it was considered to be an alternative for emergency vehicles. He stated that the
solution proposed by the developer eliminates this concern. Alderman Burd noted that this was a
City request and the developer has to meet City standards and do what is requested by the City.
Alderman Burd stated she received a letter from Mr. Gilbert regarding concerns about stores
facing the homes along Cannonball Trail. She asked if the developer had considered placing the
townhomes along Cannonball Trail to address this. The developer indicated that there have been
many layouts for the property and that the buildings along Cannonball Trail will have a four -
sided affect and will be highly landscaped.
Alderman Spears asked if all the fees listed in Exhibit "A" were covered in the second paragraph
of page 2 of the agreement. Mayor Prochaska explained that these are the City's traditional fees
however there are other impact fees which are referred to on page 3 of the agreement. Attorney
Wyeth stated that Exhibit "H" includes all the fees associated with the agreement and he would
incorporate this into the final agreement. Alderman Spears noted that the documents were not
signed and Mayor Prochaska explained they were not because they were subject to legal review.
He stated that the agreement will be amended to include a statement referencing Exhibit "H".
Alderman Besco asked if there were plans for a HOA -or a backup SSA to cover the maintenance
of the roads in the multi- family area. Attorney Wyeth stated that this was not addressed in the
`J agreement. Mayor Prochaska explained that state statute requires a HOA to maintain private
roads in a development. Director Miller explained that an HOA is up to the developer to
establish.
Alderman Bock acknowledged the highly desirable advantages that the tax dollars from this
commercial development will bring to the City. He stated that he appreciated the concessions the
developer has made due to resident input however he did not feel they adequately addressed the
concerns of Ward III constituents. He felt that they did not do all that they could have; he had
hoped and expected more.
l
The Minutes of the Regular Meeting of the Citv Council — August 22, 2006 — Page 9
Alderman Burd commented that those who have been on the City Council for a long time have
seen many housing developments come into the City for many years. She stated that "old- time"
residents have often asked when will commercial come through to pay for improvements. She
stated that finally it is coming. She stated that she understood the concerns this change brings.
She congratulated Yorkville Economic Development Corporation Director Lyn Dubajic for bring
this quality development to Yorkville and for accomplishing the goals the City Council set.
Mayor Prochaska reiterated that the Scribner's error regarding Exhibit "H" will be corrected.
Alderman James asked if the ROW he refereed to would be addressed in the agreement. Mayor
Prochaska stated that the ROW could change the whole plan. Alderman Wolfer asked if this was
recommended and Director Miller explained it was not because of the utilities located on the west
side of Cannonball Trail. It was decided to leave the easements and ROW as is.
Motion approved by a roll call vote. Ayes -6 Nays -1
Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -nay, Besco -aye
Resolution 2006 -67 Kendall Marketplace — Approving Concept PUD
(PC 2006 -34)
A motion was made by Alderman Munns to approve a resolution approving the Concept Planned
Unit Development Plan for Kendall Marketplace as presented and to authorize the Mayor and
City Clerk to execute all documents upon final legal review and staff comments; seconded by
Alderman Besco.
Motion approved by a roll call vote. Ayes -6 Nays -1
James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -nay, Besco -aye, Wolfer -aye
Resolution 2006 -68 Kendall Marketplace — Approving Preliminary PUD
(PC 2006 -34)
A motion was made by Alderman Munns to approve a resolution approving the Preliminary
Planned Unit Development Plan for Kendall Marketplace as presented and to authorize the Mayor
and City Clerk to execute all documents upon final legal review and staff comments; seconded by
Alderman Besco.
Motion approved by a roll call vote. Ayes -6 Nays -1
Munns -aye, Burd -aye, Spears -aye, Bock -nay, Besco -aye, Wolfer -aye, James -aye
Resolution 2006 -69 Bristol Bay — Approving the Final Plats for Units 8, 9 and 10
(PC 2006 -53, PC 2006 -54 and PC 2006 -55)
A motion was made by Alderman Munns to approve a resolution approving the Final Plats of
Subdivision for Bri stol Bay Units 8, 9,and 10, as presented, and to authorize the Mayor and City
Clerk to execute all documents upon final legal review and staff comments; seconded by
Alderman Bock.
Motion approved by a roll call vote. Ayes -5 Nays -2
Burd -aye, Spears -nay, Bock -aye, Besco -nay, Wolfer -aye, James -aye, Munns -aye
Resolution 2006 -70 Blackberry Woods — Approving the Final Plat
(PC 2006 -56)
A motion was made by Alderman Munns to approve a resolution approving the Final Plats of
Subdivision for Blackberry Woods Subdivision, as presented, and to authorize the Mayor and
City Clerk to execute all documents upon final legal review and staff comments; seconded by
Alderman Bock.
There was discussion if the debris on the property was cleaned up and it was not. Alderman
Munns asked if there was any recourse to getting the property cleaned and Attorney Wyeth stated
that the plat is being approved subject to staff comments and that is a staff comment.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye
Ordinance 2006 -89 Wal -Mart - Rezone
(PC 2006 -33)
A motion was made by Alderman Munns to approve an Ordinance rezoning a portion of the
property commonly referred to as the Wal-Mart Commercial Property, as presented, and
authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded
by Alderman James.
The Minutes of the Reeular MeetinLy of the Citv Council — Auzust 22, 2006 — pale 10
Alderman Bud asked if the sign issue was resolved_ Mayor Prochaska stated that Wal -Mart has
agreed to lower signs. Director Miller indicated that initially there were to be two perimeter signs
and two interior signs however the Zoning Board of Appeals recommended three signs and the
petitioner agreed. Mayor Prochaska noted that the variances were approved earlier under the
Consent Agenda.
Motion approved by a roll call vote. Ayes -7 Nays -0
Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye
Resolution 2006 -71 Wal -Mart — Approving the Preliminary Plan
(PC 2006 -33)
A motion was made by Alderman Munns to approve a resolution approving the Preliminary Plan
for the property commonly referred to as the property commonly referred to as the Wal -Mart
Commercial Property, as presented, and authorize the Mayor and City Clerk to execute all
documents upon final legal review and staff comments; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Game Farm Road
Alderman Munns asked if only the west side of Game Farm Road was being refinished. Director
Dhuse stated that this is a temporary patch until the Game Farm Road project takes place.
Fox Hill Traffic Light
Alderman Munns asked the status of the Fox Hill Traffic Light. Mayor Prochaska stated that the
City did get notice from IDOT and they concur with the need for a traffic light so he has asked
Director Mika to look for funding for the engineering when preparing the mid -year budget.
PNA Comments
Alderman Munns stated that he did not appreciate the comments recently made in the press by
representatives of the PNA Camp. He suggested that the City enforce all parking restrictions,
driving and drinking, etc. Alderman Bock agreed that the comments made were unprofessional.
Chief Martin stated that these things are always enforced but now that the City knows the dates of
future events, more officers can be put on the streets. Mayor Prochaska noted that the cost for the
additional officers will be paid for by the taxpayers of Yorkville for an event the City has no say
in. Alderman Spears stated she spoke with a few County Board members and they are trying to
resolve the problem. She noted that there will be a public hearing on this subject and she
suggested that a representative from the City attend the Kendall County Board meeting to express
how the City feels in the matter.
Incentives for Supportive Living Facilities
Alderman Spears asked the City Council to consider offering incentives to attract supportive
living facilities. She noted that Kendall County ranks low regarding affordable facilities.
Alderman Wolfer and Mayor Prochaska noted that this was one of the goals recommended in the
goal setting session. Mayor Prochaska stated that there were incentives given to the group
developing on the south side of the City such as higher density but it still hasn't been built. There
was a brief discussion regarding this suggestion.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Bock; seconded by
Alderman James.
Motion approved by a viva voce vote.
Meeting adjourned at 9:05 P.M.
Minutes submitted by:
I
Jacquelyn i schewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
August 22, 2006
PLEASE PRINT
NAME: ADDRESS :
Smarr MA, SEL
L o w ec-L i vG45dTl 3 � l 64°t/°vwml-e,
Sr 0 C �� «
��-
L�9S/
t oAlvNe r CN M vr-.,- o. co r
del To 4JAA4)
67/V Y 6p ///v S k
90
e.n
SIGNIN
I
I
CITY COUNCIL MEETING
August 22, 2006
PLEASE PRINT
NAME: ADDRESS:
ajj l �
d
u
n
rkv1//e
Y o2� L L k
;��1�11 l�l¢lj,W ��,U 1 liter
SIbNIN
i
CITY COUNCIL MEETING
August 22, 2006
PLEASE PRINT
NAME: ADDRESS:
1h l L✓1-�er %Qr�Lw4L/ YOrUi Ile
zwo ?,.r
�-
- I � Il laoy Gvasfevw (..q� I I
3(�,3v
SIGNIN
�� .acu = �■¢ ®��r ®
-a ° aw v® '�� r a s o� -� am•i.vv®
s_ �
V
0 F ii.i ® A_ �a.i bA ae.�• e.�. �AAA��,s.v �A i.o �A_�i.�.r �.�.� ��A a�.a�
Y • t • f ♦ • • ► ♦ • r ♦ 1 • 1 a ► ♦ 1 a 1 i
E.I Il4 S �,¢, t ■11 �' ♦ P1 ¢ Vim., t . �' R1¢I!1 ¢,) �1a1s1 ■,t E ♦'1., [I¢�f a O `�¢, ■I■rtr x,9161 ■it a �,¢¢,. p slal¢Ia le `. 0¢I01 ■IQ
a`
�g , :p ..,: :or g�I fe:.�� 1Ylli: . ®�Zt ll... .�1llt.:.. .�� ?r_r. ;.. _. ,�►1 ?lr;.. :..e1 ?rv.;:: ���_�_ lr_,._ _ ,Z�Irr;:.: ��►1�t.:, ..��.I.P�; , ■..d::-
`H et - - - - _- - - - - - `- - - _.�'. .,. :_ ...,•. -. - sm.��_,_..._. .., �....._ - ,..,.,_._ � tBt ;
UNITED CITY OF YORKVII.LLE�oipp`E�� i
�! ►9Y; ., WHEREAS the Save A Life Foundation's mission is training and developing people, starting
�U 'w; with schoolchildren, to be active bystanders equipped with basic Life Supporting First Aid skills to aid
during emergencies; and E�pP�! ' ��P
WHEREAS, Save a Life Foundation utilizes only Emergency Medical Service Professionals
f�l ► 1��H, jas Instructors to teach basic Life Supporting First Aid techniques, to schoolchildren, grades K -12 and
@
adults; and
WHEREAS, basic Life Supporting First Aid Techniques such as Cardiopulmonary
Resuscitation (CPR), the Heimlich maneuver, and the use of an Automatic External Defibrillator
d t (AED) are essential in maintaining life prior to EMS arrival; and „
1, 1l,� ►����; •:,°�e��� @� 1 ICI
1► � WHEREAS, the U.S. Conference of Mayors passed a resolution presented by Save A Life
Foundation calling for the need for communities to create Community Response System Initiative .�.:,, ►�E '
° ►► "�' (CRSI) committees to encourage citizens including children (grades K -12) to learn Life Supporting��� °�'!,
;First Aid skills in case of emergency and
WHEREAS Save A Life Foundation works with local, state and federal government
organizations and the private sector to highlight the importance of public emergency preparedness and
. !! ►h�� g p �li � P p g Yp p
` °Y•• 6 ''• effective emergency response; and
I r..p ► U d
WHEREAS, Save A Life Foundation, an affiliate of the U.S. Department of Homeland b�`!
vP E�►� ii-n Security, encourages all municipalities to recognize Save A Life Month in conjunction with Homeland
`` 11 <Raa•�� <P
v'� ■ "'��
Security's National Preparedness Month, a nationwide effort to encourage Americans to prepare for L m E aE A� {
emergencies; and ` !
/16 e4 Ih
Fw��► �;,� WHEREAS, Save A Life Foundation will coordinate this year an awareness campaign of
; 'including billboard advertisements for Save A Life Month to
p romote Life Sup p orti n g First Aid ♦'1�!'
p pp g « O d l
;training in major cities; and
I,` WHEREAS, the month of September 2006 has been designated as National Save A Life : ` IR40
ap &4%1 : Month, and
oil �i.�
NOW, THEREFORE, BE IT RESOLVED, that all municipalities, mayors and governors
llEe g g p
;work with their local, state and federal government organizations and the private sector to proclaim to
f ...r9
�� ►`$ ■� ` .,participate in, and to celebrate the month of September as National Save A Life Month. � a¢ -
��fll� r; THEREFORE, I, Arthur F. Prochaska, Jr. Mayor, proclaim the month of September 2006 as
Y P
SAVE A LIFE MONTH for the United City of Yorkville.
(I I{ f o e
6 ated this 22nd day of August, 2006, A.D. ? (ll :
r�!!„
,e
....e:.4tr�
es �
Ee el!
Arthur F. Prochaska Jr. or
�, 11\bk\ �af, �� ��..... i/, ��\` �.... i�, �k\ ��:...i�,�k \��....�f,�k \'��'•.
:... 1IL ■: l 4W' % IIL
MI 1,n ua,. � ♦ •'n6n. A � •nu,ut � � Y � O •nn'aM1 � � /uu,aJ � + •loon. � � 1m n■s � � a■u,u! � ! `en.r. /' f /�%
aac.� A �.•..a � �..•.. A .... ►. ®..... A ..... A ....... A ..... A ...... A .a•a.•.o A..,,.. �jf je/ -
v6 ��� SA �.-�o�A�A�.osuA�A� �� = .vv� �w� �r�AO'���►A��i �.roA � � ���e.� �_� �A�f�.= u.�A�oiara/ / I
QA f
cr�'� �a..� .�..�0��.�:..�O��f...�o—we. � �k
F•riiro ♦ sal.vv o w.vv� �. v l.l.v- O �O.l.l� O �!.!!� �!.!.!� �!.!.!� O 0!.!.!� �!.!. ►� �tl.l� �!.!.!� O aa[t \�
ili X11/ c. 111 /• a' \�l� ili / �� • 'll� l ' 11� X11 / �11� '� �11 �1 /�i:a�`ea::�
E ; �IZI Lr.,.. �1 . ?.1.e;..:.112.1�:..:.�Z .e��.Ll_�;:_
ev/ .•
!< F •i
b /rk_• " `
United City of Yorkville
��F O
b IF -i�•
11.6 °k;•� � pr �, /, 1
►i,;`; I would like to take this time and announce that the month of;i,,1
li4a
September is NATIONAL LIBRARY
ARY CARD SIGN UP MONTH.
b iMi:
► .�. By proclaiming this I would like to encourage anyone who does not
have a library card to get one. It just takes a small amount of time and what�,oi6�' i
b B "� a reward you get in return! le: - "!�
� f Our local library has a wealth of information. May things to choose
► 16 - • ! from, fiction all the latest the nonfiction section is gr eat too as well as r
�p ° { ►p►'.ti: audio and cd books, magazines, too. So, stop by your local library and take ts'• +'
advantage of all they have to offer!
1 s►.a
THEREFORE, I, Arthur F. Prochaska, Jr., Mayor of the United City
�01,f►,�. of Yorkville, Illinois, proclaim September, as National Library Card Sign �, {�
Up Month in THE UNITED CITY OF YORKVILLE. ''• ;:a�P`4
a t—
IN WITNESS WHEREOF, I have hereunto set my hand and causeda��;�i
the seal of the United City of Yorkville to be affixed on this 22nd day of
August, 2006.
"i`;: ISo
p I► / die ,h � ;•. ■e��i�
Arthur F. Prochaska, Jr., Ma or �oii {1.6+
I;:� i
-; 1 off
fp I Fjk.a, <�1
y Iii O: Y►le
t
t
L:rt ' �' %r6 .....,, I . .. �:Qr� �[r:v.e• �. . ..... `:r:r.I O�r:e `�.:r.f �er.� .. '..- we��i
� 'JI -�
' ' q � ` �`a,a� - /��0 /inue�l �I�in�uut`��1unn�l O��Irnne�l �• lu�nld.��lienn�y ��� /iknult �•0 ►niunt w.Ir�nr ��r ®Q�t
�!� t�. e.•e�r.l� G '�� � � �•a•va � 11�•a� a ��•vY� � La•wva � ��a•�� 0 ��•a• ►i — �a•�'�6 `.�v�'�O � Aw�'sf � 1.viL ar ` e
I{ `I � \ w a�aL ' 4� ��� � r� ® �_�. w o�_���_iv- �. .►_� �ut►�� fti /�/'d�
4 `0 \vik�I��� 1�►�` ° °v ems, ° , =�i �a��� �� ri s�sii= s ®ora -r��i .�i ��ia -sue ®ie w�� ®�aeigof`S / �
6!ellte�- °I O. ��_ - - - ev Vim. e►' I\ _�� 0 - _ �! 1[0l ilk