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City Council Packet 2007 11-27-07 United City of Yorkville fl O 9 " 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 ® L c \ Telephone: 630-553 -4350 K 0 Fax: 630-553 -7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, November 27, 2007 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 7:00 p.m., December 4, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., December 11 , 2007 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., December 4, 2007 City Hall Council Chambers Public Safety Committee Meeting: 6:00 p.m., December 11 , 2007 City Hall Conference Room City Council Meeting Agenda November 27, 2007 Page 2 Presentations: 1 . Countryside Center Concept Plan Presentation ---------------------------------------------------------------------------------------------------------------- Public Hearings: 1 . McCue Builders, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to a Planned Unit Development Agreement. The real property consists of approximately 60 acres located south of Route 34 on Cannonball Trail, in the United City of Yorkville, Kendall County, Illinois. 2. 2007 Tax Levy Citizen Comments: Consent Agenda: 1 . PS 2007-40 Request to Purchase LiveScan — approve purchase from ID Networks in an amount not to exceed $16, 985. 00 2. PS 2007-41 New World Software Purchase — approve as presented 3 . PS 2007-42 Request for Cadet Pay Increase — approve Cadet pay increase as presented Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — None Minutes of Committee of the Whole — October 23, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1 ,226,958.31 (vendors) $ 250,555.93 (payroll period ending 11/10/07) $ 1 ,477,514.24 (total) Reports: Mayor' s Report: 1 . COW 2007-35 Ordinance Approving a Boundary Agreement with Montgomery 2. CC 2007- 17 Holiday Under the Stars Update 3 . CC 2007- 18 Appointment to Library Board City Council Meeting Agenda November 27, 2007 Page 3 Reports (con't): City Council Report: City Attorney's Report: City Clerk' s Report: City Treasurer's Report: City Administrator' s Report: Finance Director' s Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . No Report. Economic Development Committee Report: 1 . No Report. Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . No Report. Additional Business: Executive Session: 1 . For the purchase or lease of real property for the use of the public body. Adjournment: City Council Meeting Agenda November 27, 2007 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES -- - - ';PUBLIC WORKS! ____________ _' --------------------------------------------------------------- ---------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff -----------. !ECONOMIC DEVELOPMENT! _____ _____ ___ „ _ _ ______ _,,,,_________- -------------------- Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development ------------------------------- ----- !PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ----------------------------------------- !ADMINISTRATION '------------°=========-------------------------------------- -- ------------------------------------ ----------------------------------------------- ---------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, November 27, 2007 Immediately following Committee of the Whole CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- ......--------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ...........-............-...-......-......................---------.......---------------------........................... ------------- 1 . Countryside Center Concept Plan Presentation --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----- -------.......------......................----..........-------..................-...................----- -------------------- 1 . McCue Builders, Inc. 2. 2007 Tax Levy --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS : --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PS 2007-40 Request to Purchase LiveScan ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- --------------------------------------------------- -- ------------------------------------------------ 2. PS 2007-41 New World Software Purchase ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2007-42 Request for Cadet Pay Increase ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL/CORRECTION: --------------------------------------------------------------------------------------------------------------------------------------- 1 . Committee of the Whole — October 23, 2007 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ---------- ----------------- ---------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS : --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . COW 2007-35 Ordinance Approving a Boundary Agreement with Montgomery ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------------------------- ----------------- ---------------------------------------------------------------------- 2. CC 2007- 17 Holiday Under the Stars Update ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2007-18 Appointment to Library Board ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- I IV I(e 5e vi {LZ.+1 G A- i I I I l i 1 COUNTRYSIDE CENTER UNITED CITY OF YORKVILLE , IL Presentation to: The Yorkville Plan Commission Ttr;t A N D'm PROPERTIES , INC. 11 . 14.07 CONSULTANTS PLANNERS • M P A N Y www.csparksco.com 18 4 1 1 fax 708.449.4033 Westbrook • p• 61 I i I I BACKGROUND Historical Challenges Aerial - Expansive Aerial - Close Up CONCEPT i Concept Statement Site Plan Peripheral Intersections Aerial Hub Detail i View Entering from 47 Hub Promenade Elevations 1 &2 Elevations 3 &4 Garage Sketch I APPENDIX Interim Intersection 47 Design Study Ultimate Intersection 47 Design Study- Part 1 Ultimate Intersection 47 Design Study- Part 2 Site Plan Tabulations I � I i I i Countryside Center 11.14.o7 Background Historical A Redevelopment Agreement was executed between the United City of Yorkville and Tri-Land Properties for The Countryside Center on March 8, 2005. � I Two schemes were prepared that met the conditions of the Redevelopment Agreement. w:.my �\ OL 2ND OLO • i �i--'\ o.n OFFICE.. 'NATIONAL OFFICE V, FOFFICE NATIONAL l -� /� S BANK 1 K 1 RETAIL. s� ,\ \ .rv•*�nS�CS�\S� MEDICAL a. N D ' MmICAL " � �.• v� A OFFICE °'ti. - - RETAIL n FUNERAL l \ OFFICE �a NELSON l FNOAff \\ \•\ \ \X��OFS RETAIL 1 3 HOME RETAILArt3q.4K�1\W\ �51�\t\\ - \ RmaiB V \\" ,\1\. �FG- -. "RETAI .E� \kMl \V� .eK F'".� \�\ . 4. 3 ll\ ice 'dims— SFIO •�,;'. - m M&� ��{ �' OFFICE - - A F \ d RETAIL OFFICE_, OFFICE -�/// RETAIL \\ - I)IL(JJ L II`II\ J i RETAIL "- T'sleF i CASTLE ,a � � BANK (I CASTLE ,R – n/ gsP,VxA 1 . MCOONALOS4 r SHELL OIL MCDONALDS SHELLOL _ ;��••�. I i LA SITE PLAN "A" SITE PLAN "B" I Countryside Center 11.14.07 Background Challenges j j ADDRESSES Certain challenges to the redevelopment were SURROUNDING presented, affecting support for the originally RESIDENTIAL proposed schemes. ■ The realization of Kendall Marketplace, a new i ��G� OFD' 100 acre site, 1 mile west of the Countryside Center O CF location. �T ■ Tri-Land Properties' delay in securing an anchor P X00 06 Y tenant. Q►��P`� AF�q'` ■ The City's desire to revisit the redevelopment with the objective of creating a product complimentary with the downtown redevelopment vision contained in the HUB Master Plan. (TOWN CENTER) I ADDRESSES RETAIL ADDRESSES SURROUNDING SURROUNDING RESIDENTIAL RESIDENTIAL ACTIVITY NODE HOTEL Countryside Center t � i i e,-< 1 d"'Y � ;:= v. N �L.A\ [ r �'„ psi'✓' , orkville, Illinoisy moff.At _ Ill jO 1 ^ _ • a r + t se �q. ��v��' � _ s..-- : (`'b '' _ ��^` Lam. �y; ��u�'RI U Ems. /"_' ♦ N� l f,ge i ,F ��+ .- ,4t tL_ Y7 ��' i ;� �-•C`-' b: '�Y� K�' ' .`•r� - � - 1 f r - � fyy` p r .r Y.'. 'ice'^� Proposed x Kendall Marketplace ? Y (r `\ Wal-Mart fs� 4 " fA _ �: � r �� • � '.ti��,. _ -= Supercenter _-'ate �' - - -: "'- n'i- •i+ i' •� i iii _ ; 1>ti''� • �, L "T a.. y,; fir`- _ - _ i s ,'esi•t. rr •-: •��"se A8 L ..°.°L � �[ ..�''.�--�}�'v� �9v a - �*yf�,,i�- t• •yv h�� d a:,. a�� •',` _��"�° 4 fry ._ f� t•�a� <�. 4+�i.M � !•Iy' // t ! � � v ��•1�r j,. 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'S3.- � t!F:' �,iy�f w. •...v,�r: ` ��1: it - - _ y11. :i f' Z _ - _ _ }L� rki t �y * �;.. �..:Fy� r " 3a-� ��}•.�f It Jewel-Osco` ` t. - . t' �s;.�-� ',i�� #,,�t+7 fit. • •! l ,�; [y,, Aj�' _ J t: t f- , ,'.' •. `off:sif:�Y .7� , as 47 ` •h T2 .,yt.< �z S '' _ tT i waelr • p �. y! °m•e `� r ty l 5-w vt s• `i lyi'a .J 1 :� :.* '.p 4-t b iv i 1 S , .:^, Y_]'S:• M �. °I ' :''`::�F h > 't'X: ��. . i - •i ._ + t' • ! e F._^..:f i u ti j '7� 1+'# ^1•'4 1 h i +i yi S. ^� ...}.-•yT ♦< .ry - y ?�{A xi-d �h ]$rc.•.. '"' - - _ _ a ib,.' •.� '?ytl ` Ydj.;.•-¢.o'�� •�/Y, 1:: i :�-. .. - � !„ •' - :3��' �-`2�. 'R4A'�y41..x�}�� iy�� r., s;� �* r"t . _ ;` 1_ �� - � �. R,��• .• �e71�`�v�1..1i � T y,'e' 1 z s.s .hY t� H-.'-� i :i:r t _ � )F.7 ., }z' _ , t r. ltilf «�� 1 �. '.5' �_ • ;f®� ys• CPC •'� _ A' �� < .f, wn-„aq. , t � < « �.Jj� 3'& i,;' 1 ,+r.f, IIF� 'f"y"�"��'t' °.•� :�. '��t' _ - t 6a� '•n •- _ •l.�Y��y"...�.`nv.�'e• 1�°<li,. •ate^•: _ �'�'a+� '� ^'_x '` :. 5` :�i r� Downtown Redevelopment < , � 1 • ' ' y f 1 -:?� • -.d.+ 1' tom}. � - �'lV'd .Ty�� ' �'_•� .\ 1 � � • 4 • , « �jF� �4 Y 's a z�., ��1 f�' S'� 1 ':• lay, 1 �• ht Mi 1rl�. jr° M •.•iz. .ak 1 :. `n t. • falJt �z r`y � -'.i. ,.! ®V 0 9 • ° O O •.. i 1 ��-1. rr• - il�$�.{S�•a�i;d•�,: K �° - ,� • 1 i 4 1 .• : t' -R'F �' x� ''' "+' . ..�i� 'am.3t+l.� _ �:..,_.�."��a..e- 1B1 .-- w z S Fi I F a y} I 3 1 m tip lob kIlgil CL \ _ ,� � t 1 - tMw� 3 _♦ == .amwa f tk-v*I s .• L ► y -' Its ) .. 3 :. /.� ♦� . ... ,` - - . 9 II I .N y Countryside Center Concept Statement Yorkville, IL This development will anchor the north part of the community A "town center" design theme will treat the site holistically as and the Downtown Vision Plan redevelopment to the south. The a planning district and include proposed treatments to adjacent active hub of 34 and 47 is an ideal location for an outdoor lifestyle properties bordering the development site. The result will be a themed center or "town center", including a mix of full and limited service site from 34 to Countryside Parkway, and from 47 to Center Parkway. dining, specialty retail, professional office, and a suites hotel in a unique, pedestrian-friendly environment. The design will include: ■ Resting Places This "town center" will be an enduring, walkable, and integrated ■ Pedestrian-Friendly Medians open-air, mixed use development that is organized around a ■ Raised Crosswalks clearly identifiable and energized public realm where citizens ■ Advanced Stop Lines can gather and strengthen their community bonds. ■ Wide, Raised Sidewalks ■ On-Street Parking ■ Fountain(s) ■ Pavers & Planters (Both loose & built-in) ■ Themed Way Finding Graphics I I Over time, this "town center" should evolve into a dense, compact, and diverse part of the Yorkville community, with strong connections to its surroundings. The redevelopment will be designed with sustainability in mind. Some goals include: ■ Light pollution reduction and high efficiency uminaires g p g Y ■ Heat island effect green roof ■ Storm water management ■ Low VOC materials ■ High insulation values ■ Energy management systems ■ Designed to encourage pedestrian use ■ Promote use of recycled content building materials ■ Shading to minimize heat gain I Countryside Center 11.14.07 Concept Site Plan G mill \ •� �� wawa y 1 �V_-� �•. IFvA '� l 1 • I Symbol Legend li aJ► I �11iTfTTM � - rTar,r Owl IS —_ Sh¢de3ree i _ s —f1TfP ��I II11I a I11 r EVerflteen tree w. it Ornamental Rea N. \17 _ ( ( Deciduous Shrub 4 - UJI, Evergreen Shrub 4T Ornamental Grasses iTffl I � f �� II _ ®' IFri1 }1�1 Parenniuts mid 3eu unol Color --yam _��-_ FL- �__ F-71 {t5ri Natural Stone[outcrop/boulders) l� Architectural element 1 I _- _- � Countryside Center 11 14.07 Concept Peripheral Intersections I NCR is + w O� - -- \\ �. J - - li 1 i o , A 1 �A + + _ I North Gateway Entry Point z Parkwa Intersection Treatment t-I Scale: I"=59 L-I Scala: I"=5V I 1 i + + + O 4 + + Monument Sign _Architectural _Identification Element Pavilion Jt KEN� A�� DR. +_,' — G2\ k~ eySnii,'� 1 + h 1 , i � West Gateway Entry Point / 1 East Gateway / Identification Pavilion Ld Scale: I=W Lq Scale: P' = 50' jCountryside Center 11 14.07 Concept Aerial I ' I I I ' nrir I I rqi I Countryside Center 11.14.07 Concept - - - -. -._ -.Hub Detail CK — �s- i y - --- -_ - ./ ` Countryside Center 11.14.07 Concept View Entering from 47 I I I I I � `ma c \tEO coy ClkNr6t9W � .F � �(/�'tM ba}�3L'� O ❑ 0 __ 4't- i..l _ � 6� "_ ' ova.. r ♦ t I I i I Countryside Centel t 1.14.07 Concept Hub I I i I I n _ _ i i Countryside Center 11.14.07 Concept Promenade ! i I I I � I i .s II �• i 1 1 � jy♦ - i f J, ,r I I I 1 -- - - -- -- - -- - - - - -- i Countryside Center 11 . 14.07 Concept Elevations 1 & 2 1 I j I i r i ELEVATION 1 i i j I I i I l Q �� TEitm Lus.+ ct a 'i 1 i ELEVATION 2 i Countryside Center 11.14.07 Concept Elevations 3 & 4 Pla I I I I li I , !, � lN�l�lVl► - M- ELEVATION 3 oili I i d ELEVATION 4 I I i countryside center 1 1.14.07 Concept _ Garage Sketch VIOL I I I i -: I I I i -�I i Countryside Center 11 14.07 Appendix Interim Intersection 47 Design Study I - - - APACITY OESIEN )TIIOY 201tr - _ - - - �Fi _--.- T _-0-_ - ' l t I Nl MI3k F. 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Lt] If 9 7 31 15 21 a 34 541 °j x[[ • e p r[i- --s.D )D o c to eb 3.1Q0 cPE stn YOZa :I Jp IE 0 I 125 I 189 G 8 N (PN f[1 - Ln}•V Dj mu, Ta 0 3,1?, wFPI Lo oILA- IRFUI 56 cl �la. + IOinl h 1114 208b _ 1 Id85 JVflZ ._ 'U1, LNV In� 12113 2633 --- l --�34 ?969 elA IPM. Ici. .wit±Gr 1 IOU. 0 IGT 23B 1 0 }59 lR1TRYSIMp AY I.�W MpNyreL OFFICE � 1L�LLII 1 Y/Jl'I O � ('� yf � � ILLLLLIItI.fl o wl \U\ y1 {JI:_i17TfU 1 � r Lower Level Parking \ � � reETavo � A swlaa^=zar t ammr't ��i Y Y f t 0 It I r1 V V I - ---- t F RF—` reETARA, TI ' , \ t momFr � -mot y FILE f ------ ' • _s.,�`".It E ! O FlCE v rll tiii�„_ I � I�I��)-�Ir'Ilr'Ilrl�lylMjlUrr I II 1 1111111 E T4 ,d� 1 � NgbI111 riW B R 1 V SH LLOIL IJ - � I1 I��II�-II�..II�.III.fI1.I�1�IIDI1 �aoaomnG 111�1� t Conceptual Plan'D' now.xl [ ` Alternate Option Retail Anchor B Scale:r'=toy PLAN OPTION ' D ' CALCULATIONS WITH HOTEL PLAN OPTION V CALCULATIONS WITH RETAIL ANCHOR IN PLACE OF HOTEL SITE AND BUILDING AREA- OPTION ' D ' SITE AND BUILDING AREA- OPTION SITE AREA • SITE AREA TOTAL SITE AREA ±792, 114S.F. ± 18. 184 ACRES TOTAL SITE AREA ±792, 114S.F. ± 18. 184 ACRES • BUILDING AREA s BUILDING AREA — RETAIL 'A' 30,000 — RETAIL 'A' 30,000 — RETAIL 'B' 34, 100 — RETAIL 'B' 34, 100 — OFFICE ABOVE 26,700 — OFFICE ABOVE 26,700 — RETAIL 'C' 25,600 — RETAIL 'C' 25,600 — RETAIL 'D' 25,900 — RETAIL 'D' 25,900 — OFFICE ABOVE 14,400 — OFFICE ABOVE 14,400 — RETAIL 'E' 21700 — RETAIL 'E' 2,700 — RETAIL 'F' 2,700 — RETAIL 'F' 4700 — REST. 1 100000 — REST. 1 100000 — REST. 2 5,300 — REST. 2 5,300 — HOTEL 1 96,700 (4 STORY BUILDING) — RETAIL 'G' 30,000 TOTAL RETAIL SPACE 121 ,000 TOTAL RETAIL SPACE 151 ,000 TOTAL OFFICE SPACE 41 , 100 TOTAL OFFICE SPACE 41 , 100 TOTAL RESTAURANT SPACE 15,300 TOTAL RESTAURANT SPACE 15,300 • TOTAL G.L.A. 274, 100 S.F. • TOTAL G,L.A. 207,400 S.F. PARKING ACTUAL SPACES REQUIRED SPACES RATIO USED PARKING ACTUAL SPACES REQUIRED SPACES RATIO USED RETAIL 502 484 4: 1 RETAIL 633 604 4: 1 OFFICE 124 124 3: 1 OFFICE 124 124 3: 1 HOTEL 107 107 1 : 1 RESTAURANT 142 124 8: 1 RESTAURANT 142 124 8: 1 GRADE LEVEL TOTAL 688 GRADE LEVEL TOTALI 712 LOWER LEVEL TOTALI 187 LOWER LEVEL TOTAL 187 GRAND TOTAL 875 839 GRAND TOTAL 899 852 1 i ; rl United City of Yorkville County Seat of Kendall County 800 Game Farm Road 2 W Yorkville, Illinois, 60560 Telephone: 630-553-4350 Fax: 630-553-7575 " Website: www.yorkville.il.us PC# aooT 3J APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: j�l�c.!.lGLJer'1'V � .C)cC "� Date of Submission: cl - as -C— e 1. Name of Petitioner(s): ffl(c C�,E_ t�«. , �Airs J7,io. r r-) 01,1 1 c} F IS Address: �• C' �3CX girl �riStc ! ffl /r(^• lr� Phone Number: (L._�C )� 3-3tnC?C Fax Number: C ?,C,} Relationship of Petitioner(s)to subject property: Owner ,Developer a Contract Purchaser 2. Name of holder of legal title, if different from#1: If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: lc(%' GtCe'� c*c e I el f. b). Legal description of property;attach as Exhibit"A". c). Total Acreage: L0(3(? d). Kendall County Parcel Number(s)of property: C e). Current Zoning Classification: f). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) 5. Date of Annexation or PUD Agreement sought to be amended: I'1'1 cky (S -C-OC(C, x Name of Agreement: a tR1� lac e rnr }c c bcr }.G'vC.G1 S Date of Recording: 111cay—JI v g Attach a true and correct copy of agreement as Exhibit"C". Page t of 1—Application and Petition to Amend Annexation or Planned Unit Development(PUD)Agreement 6. State the items to be amended from the existing annexation or PUD agreement. 7. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this pe`tition may be directed: _( , - �—JZ° ^n Yl r _I G I'1 1 Y . Ci �J'i y -C� 'f S't'C� 3 f" Attorney: Name: Address: Phone Number: Fax Number: Engineer: Name: Address: Phone Number: Fax Number: Land Planner: Name: Address: Phone Number: Fax Number: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1 , Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: �71ZI710 Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application.) Subscribed and sworn to before me this /7 i _ day of ( 200 r Notary Seal THIS APPLICATION MUST BE NOTARIZED. 0 TO and Petition to Amend Annexation or Planned Unit Development (PUD) Agreement C M FsANFIUPPO Y P ax of u1 nW m Wryes: 12.1147 AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees` and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. 'Fees: 1 . a. Annexation/PUD Amendment - $500 b. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $22500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Step 3: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. The Economic Development Committee consists of three (plus one alternate) City Council members. Before this amendment can move forward to Committee of the Whole, a "draft' Amendment to Annexation or PUD Agreement must be written. Step 4: Committee of the Whole : The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 5: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. l Signature of Petitioner Page 3 of 3—Application and Petition to Amend Annexation or Planned Unit Development (PUD) Agreement S. State the items to be amended from the existing annexation or PUD agreement. Front Yard Setback We request that the front yard setback be amended from 30' to 25' for lots zoned R-4. This would move the house forward 5', allowing more room in the rear yard. This issue was brought to our attention with a ranch style home that we are currently constructing. Certain floor plans, such as ranch floor plans or a first-floor master floor plan, are deeper than the traditional two story floor plan. These deeper floor plans then take up more of the space in the rear yard, due to the current front yard setback. By allowing the 25' front yard setback, the house will sit on the lot with better balance. Currently, the front yard is too large, and the back yard is small and confming when using the deeper floor plans. A 25' front yard setback will allow vehicles to be parked in the driveway without impeding the sidewalk. In addition, this amendment will not affect any public utilities. Lot Coverage Ratio It is also requested that the Lot Coverage Ratio be changed on R-4 lots from 30% to 40%. This is due to the construction of ranch style home plans and first floor master plans, on the smaller sized lots. The foot-print of these plans require more area on the lot than a two-story plan requires. It has always been our intent to primarily construct ranch plans or first floor master bedroom plans on these lots to meet the market' s needs. We did not consider the need to request this variance at the time of the annexation agreement. However, we recently submitted a building permit in which this issue was brought to our attention. It has been our mission for the R-4 lots (Villa lots at Blackberry Woods) to provide a good sized home, without compromising on room size, to be targeted toward families wanting to downsize from their current home and stay within the Yorkville community. Over the past 15 years of business, we have come to understand what size a room needs to be in order to be functional while not being cramped. Therefore, in order to build a home with all rooms being an adequate size, we are requesting this variance. PARCEL 1 DESCRIPTION THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5255; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3389.57 FEET ALONG THE WEST LINE OF PNA YOUTH CAMP PER PLAT OF SURVEY PREPARED BY JAMES M. OLSON ASSOCIATES, LTD. , DATED 6-10-96 (NO. 5512-A) TO A POINT AT THE FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER DOCUMENT 896707); THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2. 19 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING IN THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2056.92 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON RIDGE SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE; THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521 .27 FEET ALONG SAID FENCE LINE; THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST, 170.51 FEET ALONG SAID FENCE LINE; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST, 427.66 FEET ALONG SAID FENCE LINE; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST, 102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST, 99.32 FEET ALONG SAID EXTENDED SOUTH LINE TO THE CENTER LINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS WEST, 48. 00 FEET ALONG SAID CENTER LINE; THENCE SOUTH 09 DEGREES 24 MINUTES 52 SECONDS WEST, 15.30 FEET ALONG SAID CENTER LINE; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2054.73 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 29; THENCE NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST, 502.04 FEET ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 01 DEGREES 18 MINUTES 22 SECONDS WEST, 739.40 FEET ALONG SAID WEST LINE OF THE NORTHWEST QUARTER TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PARCEL 2 DESCRIPTION THAT PART OF THE EAST HALF OF SECTION 30, TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND STONE AT THE SOUTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2650.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 30 FOR A POINT OF BEGINNING ; THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE, 502.04 FEET; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2.48 FEET; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST, 1241 .43 FEET; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2. 19 FEET TO A POINT ON SAID EAST LINE, SAID POINT BEING 739.40 FEET NORTHERLY OF SAID EAST QUARTER CORNER; THENCE SOUTH 01 DEGREES 18 MINUTES 22 SECONDS EAST, 739.40 FEET TO THE POINT OF BEGINNING , ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AND BOTH PARCELS DESCRIBED AS FOLLOWS; CONSOLIDATED DESCRIPTION THAT PART OF THE WEST HALF OF SECTION 29, AND PART OF THE EAST HALF OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5255; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3389.57 FEET ALONG THE WEST LINE OF PNA YOUTH CAMP PER PLAT OF SURVEY PREPARED BY JAMES M. OLSON ASSOCIATES, LTD. , DATED 6-10-96 (NO. 5512-A) TO THE POINT OF BEGINNING AT THE SOUTHWEST CORNER OF PROPERTY CONVEYED PER DOCUMENT 896707; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2059. 11 FEET ALONG THE SOUTH LINE OF SAID PROPERTY PER DOCUMENT 896707 AND ALONG THE SOUTH LINE OF CIMARRON RIDGE SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE; THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521 .27 FEET ALONG SAID FENCE LINE; THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST, 170.51 FEET ALONG SAID FENCE LINE; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS WEST, 427.66 FEET ALONG SAID FENCE LINE; THENCE SOUTH 20 DEGREES 12 MINUTES 46 SECONDS WEST, 102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25 SECONDS EAST, 99. 32 FEET ALONG SAID EXTENDED SOUTH LINE TO THE CENTER LINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES 31 SECONDS WEST, 48 .00 FEET ALONG SAID CENTER LINE; THENCE SOUTH 09 DEGREES 24 MINUTES 52 SECONDS WEST, 15.30 FEET ALONG SAID CENTER LINE; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2057.21 FEET TO THE WEST LINE OF PNA YOUTH CAMP, AFORESAID; THENCE NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST,' 1241 .43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 06 / 12 / 2007 03 : 01 PM Ke rid II Courr. y 2/ 5 BLACKBERRY WOODS Underlying Number 02-29.300-009 No Remainder PARCEL NUMBER LQT NUMBED 02-29433-001 1 02-29-133-002 2 0249-133-003 3 02-29.133404 4 02-29433-005 5 02-29-133-006 6 02-29433-007 7 0249433-008 8 02-29.133.009 9 02-29-133-010 10 02.29433-011 11 02-29-133-012 12 02-29-132-009 13 02-29-132-007 14 02-29-132-006 is 02-29-132-005 16 02-29432.004 17 02-29-132-003 18 02-29432.002 19 02-29422.018 20 02-29422.019 21 02-29-122-020 22 02-29422-021 23 02-29-133-013 24 02.29-326-001 25 02-29.326-002 26 02-29.326-003 27 02.29.326-004 28 02.29.326-005 29 02-29.326-006 30 0249427-004 31 02-29-327403 32 02-29-327-002 33 02-29-327-001 34 02-29-304=004 35 02-29-304-003 36 02-29-304-002 37 02.29-304-001 38 02-29-328-001 39 02-29-328-004 40 02-29-328.003 41 06- 12-2007 13 : 49 M000E BLDRS HEARTLAND 6305533636 PAGE2 02-29-328-002 42 02-29-123-017 43 02-29-123-016 44 02-29-123-015 02-29423-014 47 02-29-123-013 48 02.29. 123-012 02-29-123-411 49 02-29-123-010 50 02-29423-009 51 02.29-123-008 52 02-29-123.007 53 02-29-123-006 54 02-29-123-005 55 0249- 123-004 56 02.29423-003 57 02-29.123-002 58 02-29-123.001 59 02.29-123-030 60 02-29-123-029 61 02.29.123-028 62 0249423-027 63 02-29-123-026 64 02-29-123-025 65 0249423-024 66 02-29-123-023 67 02-29-123-022 68 02-29-123-021 69 02-29-123-020 70 02-29-123-019 71 02-29-123-018 72 02-29402401 73 02-29-301-012 74 02-29-301-013 75 02-29-125-012 76 02.29. 125-011 77 02-29425410 78 02-29-125-009 79 02-29-125-008 80 02.29.125.007 81 02-29-125-006 $2 02-29-125-005 83 02-29- 125-004 84 02-29- 125-003 85 02-29-125-002 86 02-29-125-001 87 06-12-2007 13: 49 MCCUE BLDRS HEARTLAND 6305533636 PAGE3 0249=301-001 83 02.29.301-002 Q4 02-29-301-003 90 02.29-301-004 91 02-29-301-005 92 02.29.301-v v6 93 02-29-301-007 94 02.29.301-008 95 02.29-301.009 96 02-29-301-010 97 02-29-301-011 98 02-29-303-014 99 02-29-303-013 100 02-29303.012 101 02-29.303-011 102 02-29303-D10 103 02-29-303-009 104 02-29-303-008 105 02-29-303-007 106 02-29-303.006 107 02-29303005 108 02-29-303-004 109 02-29-303-003 110 02-29-303-002 ill 02-29-303-001 112 02-29-124-003 113 02-29-124-002 114 02-29124.001 115 02-29-122-001 116 02-29-122-002 117 02-29-122-003 118 0249122=004 119 02-29-122-005 120 02.29122406 121 02w29122.007 122 02-29-122-008 123 02-29- 122-009 124 02-29-122-010 125 02-29-122-011 126 02-29.122-012 127 02-29-122-013 128 02-29-122-014 129 02-29-122-015 130 02-29-122-016 131 02-29- 122-017 132 02-29-132-001 133(storm) 06- 12-2007 13 : 49 MCCUE BLDRS HEARTLAND 6305533636 PAGE4 BLACKBERR,y 04.8 110.4 .a �� ' .0 ] . 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Telephone: 630-553-8545 o Fax: 630-553-3436 cru�4p ". Q ALE Date: November 5, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: PC2007-37 Blackberry Woods PUD Amendment Request Background : The Planned Unit Development agreement for this property was approved July 12, 2005 and recorded May 18, 2006. This agreement provided the property with PUD zoning with both R-2 and R-4 provisions. Exhibit `B" of the agreement lists the Zoning Ordinance variations granted as part of this PUD (Attachment 1 of this report) as approved in 2005 . The petitioner is requesting to amend Exhibit "E" to include (Attachment 2 of this report explains each request): - A Front Yard Setback of 25 ' in the R-4 District. The R-4 requirement is 30' . 5 ' variation. - A Lot Coverage Ratio of 40% in the R-4 District. The R-4 requirement is 30%. 10% variation. Staff Comments: The R-4 Zoning District area includes Lots 50- 132 of the Blackberry Woods PUD (Attachment 3 of this report). Front Yard Set Back Request Staff verified there are no utilities or infrastructure concerns with the dwelling units being 5' closer to the street right-of-way in this development. Staff recommends requiring a minimum 30' Rear Yard Setback in the R-4 area (removing item 4 from Exhibit "E") to provide wider rear yard areas. The Petitioner stated at the Plan Council Review a willingness to maintain a minimum 30' Rear Yard Setback for the R-4 units. 1 Lot Ratio Increase Request Staff recommends requiring a minimum of 50% of the units in the R-4 area include a covered porch in return for the increased footprint size. This architectural element will ensure a varied streetscape environment and reduce the risk of monotony of building masses which may be increased with larger building envelopes and the reduced setback also requested. The Petitioner stated at the Plan Council Review a willingness to commit to this requirement. 2 ATTACHMENT1 EDIT vL LIST OF VARIATIONS 1. Lot sizes in the R-4 District may be Iess than the 9,000 square feet minimum, but shall be at least 8,160 square feet. 2. Lot widths in the R-4 District maybe less than the 70 feet mimmum, .but shall be at least 65 feet. 31 Side yards in the R-4 District may be less than the 10 feet minimum, but shall be at least 7 feet. 4. Rear yards in the R-4 District may be less than the 30 feet minimum, but shall be at least 25 feet 51 Side yards in the R-2 District may be less than the 10 feet minimum, but shall be at least 9 feet. 6. Block length of North Carly Circle may be more than the 1320 feet maximum, and shall be approximately 1 ,600 feet. 7. Length between streets may be less than the minimum of 400 ft and shall be at least 300 feet, I 39 i ATTACHMENT 2 5. State the items to be amended from the existing annexation or PUD agreement. Front Yard Setback We request that the front yard setback be amended from 30' to 25' for lots zoned R-4. This would move the house forward 5', allowing more room in the rear yard. This issue was brought to our attention with a ranch style home that we are currently constructing. Certain floor plans, such as ranch floor plans or a first-floor master floor plan, are deeper than the traditional two story floor plan_ These deeper floor plans then take up more of the space in the rear yard, due to the current front yard setback. By allowing the 25' front yard setback, the house will sit on the lot with better balance. Currently, the front yard is too large, and the back yard is small and confining when using the deeper floor plans_ A 25 ' front yard setback will allow vehicles to be parked in the driveway without impeding the sidewalk. In addition, this amendment will not affect any public utilities. Lot Coverage Ratio It is also requested that the Lot Coverage Ratio be changed on R-4 lots from 30% to 40%. This is due to the construction of ranch style home plans and first floor master plans, on the smaller sized lots. The foot-print of these plans require more area on the lot than a two-story plan requires. It has always been our intent to primarily construct ranch plans or first floor master bedroom plans on these lots to meet the market's needs. We did not consider the need to request this variance at the time of the annexation agreement. however, we recently submitted a building permit in which this issue was brought to our attention. It has been our mission for the R-4 lots (Villa lots at Blackberry Woods) to provide a good sized home, without compromising on room size, to be targeted toward families wanting to downsize from their current home and stay within the Yorkville community. Over the past 15 years of business, we have come to understand what size a room needs to be in order to be functional while not being cramped. Therefore, in order to build a home with all rooms being an adequate size, we are requesting this variance. BLLAC:KBERWY ♦ ♦ O DS ATTACHMENT V))0: 1 2 h 122x123 124`125=126;1271128 1 9_ 1 ;0' 131 - 132 r & ; n 15 =' 14 ;ol' " +i S awe :ue 11a .0 T v o s 'i ll' V 15'20 119 GLE 21 oc o 13 r o r 4 ,. 8 law.. ,�,"( t(,. , �: •on nn >. �b'O c 91 3 Alt N . t, 22 17 f 3 -� i a 118 br 56 » 54 53 52 71 i 50 IA) IU Ill IO IU Ill IU ,�. \r o � � 4 I I �a OPEN s v 19 - 48 4 116 z 59 = N) 61 t b2 163 64 65/ /66 o ORT SPA a 47 67 LO r �tiV i a PURCEL D IVE 68 i°a .Y,A, �7 j�, f 17 r' 4J:," 7 SS =f3i H,3 82 Hl � () >- 7y69 ` ry, 6 \ ' 6 s,78 70 l4 I z 4 8 7 r�o 87 43 y 1 7 7113 . so " `T 5 IA \Oj MY j r i %'73. s 2Y' $Ih. � 11 n2 � U. - w� � �', h+'.r�"�-_ 75 , �,A Sa p " 25 b9 Arai t 4� 9•� 26 wo s 110 r _ y,4 ( a 39 vp Al 2 s j 92 `, 9 3 94 ;� 95 �, 96 97 _ 9' 38,�' `10 •_ - ". .nU U to J' lA 2 o n„ ' 37 Wait SOUTH CARLY LE a` CARLY COUKT 36 xh.u 107 106 "1()5 0 0 a 102 ° 101 100 ° 99 35 34 Q 33 32 Q 31 a 30 WO W'o Wo L6 T/ 13yf! CS.tt g9.tl 89.tl 89.R 8h1Y Ah.O' k3.3' 214.5 1683' 85II B3-0' IOV.oY 730A7 A McCUE BUILDERS DEVELOPMENT KEY: ❑ = VILLAS F� = ESTATES WO = Walkout Basement LO = Lookout Basement 'Simmap and Imid5caping(s an anix's tendering and is not to scale Lot evailabfliq•,dimensions and prices are sub)en to ciwnge without nonce. Q Egtnl Housing Opp°nunily. C/pJ, Reviewed By: Agenda Item Number Z) OA Legal ❑ �i �r i Finance ❑ EST � ��_ 1636 Engineer ❑ < l y City Administrator F1 Tracking Number - O� I J� Y O Police ❑ cE`��?� Human Resources ❑ Public Works ❑ City Council Agenda Item Summary Memo Title: Tax Levy 2007 public hearing City Council/ COW/Committee Agenda Date: Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: C/rye Memorandum To: City Council EST. , ;` 1836 From: Bart Olson, Assistant City Administrator .{ I CC: Brendan McLaughlin, City Administrator q ® Gl N 9 q Date: November 21 , 2007 Subject: Tax Levy Public Hearing Per state statute, the City Council is required to hold a public hearing on the proposed tax levy before approval of the tax levy. At the public hearing, the City is required to permit persons to give testimony on the proposed increase. The proposed tax levy amount is attached in a chart, and the public notice issued for this public hearing is also attached. Calculations on what an average homeowner will see on their tax bill as a result of this proposed levy, and the methodology for calculating the proposed levy were discussed at the November Administration committee meeting where consensus was reached. These calculations and methodology explanations are included in the November Administration committee packet on the City website and can be further discussed at the public hearing if requested by City Council. A proposed increase in the tax levy is based on the following factors: an increase in the total EAV in the City; an increase in EAV due to new construction. The amount of the proposed tax levy may be changed by the City Council between the end of the public hearing and the date of approval (December 18 ). Additionally, the City Council may vote to lower (abate) the property taxes in the spring. 11/02/07 - ----------- ---._.-.------------`--- - -- --- _ UNITED CITY OF YORKVILLE 2007 TAX LEVY REQUEST Current EAV I 'Proposed E AV $398,834,646 - ----- -_-- $531,50073 ------ 2006 ! 2007 Rate Maximum LemLL Rate Lev 1 - -` - -- -- ---- - -...._.._ ----..-. _.. ----.... _..._ Cor orate 0.0142 0.3300 56,635 0.0931 $494,865 IMRF 0.0725 : 289,155 0.0928 $493,075 Called IMRF Police 0.0788 ] 0.0750 314,282 0.0750 $398_,628 maximum Every year goes up by Police Pension 0.0690 275,196 0.0564 $300,0001$25,000 Garbage ... . . ... 0.0524 0.2000 _ 208,989 0.0_000 $01 _ Audit 0.0081 32,306 - 0.0067 $35 750 '07108 Budget _. Liabii Ins 0.0404 161 ,129 : 0.0375 $199300107108Ru�l t SocSec. - � 0.1084 --- - - -432,337 --- - _. 0.07391 salaries _ ---------- -- -----_ ---- --- � 3 @#35 plus ttRal $50 Times Cross Gd U0651 0.0200 ' 25,924 O.D050 '' $26,350 170 hours Unemploy 0.0044 ! 17,549 0.0063 $33,41610X4 X 4 Mrs Total , 0.4547! 1 ,813,501 0.4467 $22374,324 New Revenue -City 1 560,823 Libra 0.150000 - 0.1500 : 598,2521 0.1240' $658,252 IMRF Lib 0.000000 __-_ -_ --- -_ -- -_ - 0.0000' $0 - SS Libra 0.000000 - �- 0.0000 $0 0.150000 Total 598,252 0.12401 $658,252 New Revenue - Library $60,000 -- Pte _ .... .... .. 0.570_. . -- ---.._..-.__....__...-...._.....__..... 0.60471 Grand Total of ca ed taxes $ 2,411,753 0.5707 $3 032 575 - - _ ----- - TOTAL NEW REVENUE 1$620,822 Debt Service for Libraty Construction 0.2197 876,202 0.0879 �_ $467,425:. i GRAND TOTAL 0.82441 3j2871955 ! 0.6587 $315009000 ' ... .. .... _. ..._.-.. .._. _ Thursday Nov. 15, 2007 73COPD T1 State Teport card : more students moving in, out of district Document also shows additional kids with limited English proficiency compared to the size that roe was in that district teachers are also working with students struggling in. math, By Kathy Fatten Iowa grades. For exam year's with a math expert on teacher institute Trumble said, although the district's senior class includes 279 students. When days developing plans to teach algebra to gifted program teachers and classroom The number of students moving into they were in third grade, there were just all eighth graders, pre-algebra to all teachers work with such students. the Yorkville School District, and the 136 students in the class. seventh graders, and eliminating pre- A lot of districts use Title I (federal) growing number of students here with "probably 50 percent of our kids didn't algebra at Yorkville High School. funds for math specialists. We don't have limi led English language proficiency, are start here, maybe 70 or 80 percent," Yorkville got the results of last those funds," Trumble said. He explained clearly shown on the district's state Trumble said. spring's state tests by the beginning of that, because the 2000 census results report card. this school year, but that hasn't always showed a small number of low income For the second year in a row, the UBIn test SCOr¢S been the case. The results of the tests residents in the district, the district does Yorkville School District had a higher g taken in the spring of 2006 did not arrive not receive such funding and probably mobility rate than the state average. Last The state report card also includes emir about the time students were taking w'on't, at least until after the 2010 yem', 18.6 percent of the district's results of state tests taken by students in the tests again last spring. census. most grades each spring. students moved in or out of the district, Although it is the results of the state While lest scores in the district compared to a statewide average or 15.2 ISAT and PSAE tests that are included in Not just English speaking ercent. The district' improved in many areas over 2006,s 2006 state report P p results in math at Yorkville High School the Odistrict's ly t st site report card, they aren't The percentage a district students for curd showed o 24.3 percent mobility bale. the only lasts the district uses to measure whom English is a second language is At some district schools, the mobility and by special education students at the student learning. growing along with the enrollment. rate is even higher. At Circle Center Middle School were not expects the state Trumble said students also take the Whilee Learner (ELL) t ach English Grade School, for example, more than a required level. The state l studs at least Iowa Test of Basic Skills and Ames Web Language Learner (ELL) teachers two third of students (37.3 percenI) moved in 55 percent of the general student body reading Fluency tests in firs[ to eighth years ago, it now has eight. Three or four or out during the last school ear. and 33 percent of special education Assistant Superintendent Douglas students m meet or exceed state standards to teachers rwhat specific tests reas need dmore years 4 studentsrnthe district who spoke Trumble noted that "Whenever kids on state tests. work for their class as a whole or specific something other than English at home. move, the face chal leases" at school." At Yorkville Middle School, just 27.6 y g percent of special education students met students. Now there are more than 260. Teachers work with new students re behind to or exceeded state standards in reading and Reading teachers are available in each ELL students in kindergarten and first help them catch at if they are behind 31 percent in math. That is the school Yorkville ing in to help students who grade spend about 90 minutes a day with (heir new classmates in Yorkville, or P I. are strugglingin thatsubject. re ELL teacher and the restdethe day in challenge them if they are ahead of their on the Early Warning d List. 'If reading is a problem for you, it will regular classes. Older students spend peers, n stud Trumble explained that the school will be o struggle Trumble do whatever you do in about 60 minutes a day with ELL When students move in to Yorkville, therefore have to develop a school scM1he district has see out. teachers. the district usually gets some re their test state. imam plan and submit it m the The district has seen the biggest This yam', as in past years, ELL results, so teachers are aware of their state. Districts and schools which remain impact on student reading skills from the students took a different state test than abilities, Trumble said. If there are no serious the consequences Warning List face more recently instituted that Reading Recovery their classmates. That test, the Image test results from previous districts, Yorkville program. In that fiat rage program, test. was designed to see g the were Yorkville will do some initial resting. Yorkville High School has one year to P g p g g y Trumble explained that when students improve scores in math in order to avoid students who are not reading to m grade progressing in learning English. P level work one on one with a teacher for However, Trumble said, beginning this move,e their state test scores are not the Early Warning List. It faces that 12 weeks or longer. He said district year, the Image test is being eliminated IS ed counted in their new nil mach resells to prospect because fewer than year percent of teachers are "thrilled with the results" of and all ELL students will take the ISAT determine if that school made adequate all lectors tested last year met or that program. PSAE tests that other students lake, yearly p,'ogress (AYE) as required by the exceeded state standards on math tests. Specialized teachers are not currently regardless of their familiarity with No Child Left Behind Act. According to the report card, 43.5 percent available in individual buildings to work English. "That gives us a year to have an met state standards and just 5.8 percent impact on them before (their test results) exceeded those standards. count for or against the district," The district has already taken steps to Trumble said, improve student performance in math by The full impact of the mobility rate is increasing the number of required math evident when you look at [be size of classes at the high school level. Trumble PUBLIC NOTICE OF smile Older Classes in the district, told the Board of Education in October PROPOSED PROPERTY TAX LEVY FOR THE UNITED CITY OF YORKVILLE _. I. A public hearing to approve a proposed property tax levy increase by THE UNITED CITY OF YORKVILLE for 2007 will be held November 27, 2007 at 7:00 P.M. at the - City Council Chambers, 800 Game Farm Road, Yorkville, O® 1955 Marketview Dr. Illinois. ® i Yorkville, IL 60560 Any person desiring to appear at the public hearing and takes care of you like (located next to present testimony to the taxing district may contact STATE FARM Taylor St. Pizza in William Powell, City Treasurer, or Susan Mika, Finance Font of bfenards) Director, 800 Game Farm Road, Yorkville, Illinois 630- Auto I Home I Life I Health I Business 5534350. • f f f f 11. The corporate and special purpose property taxes fax: 630,553.4562 y ,. extended for 2006 were $2,411 ,753. Aaron J. Hergenhahn Agent AtSYale Farm you compMigre ram and an agent tledlraledto ' The proposed corporate and special purpose property w taxes to be levied for 2007 are $3,500,000. This repre- belpirpyaugdlhecovagelhafY right erlor you and the tlixaun6 d you tleserva l'tlloreb(ake rare olyaq faa. Call me hidayi :%� ,- ` � sents a 20% increase over the previous year. G x" 111. The property taxes extended for debt service and pub- LIKE n came HEmHana A ""re FARM 15 rnraa® lie building commission leases for 2006 were $2,931 ,625. ProvWkp Movann and Financial Services a,a,eta„mtzrYVIF The estimated property taxes to be levied for debt service Hama ones,eawnaaan,nsnis, and public building commission leases for 2007 are $3,029,062. This represents a 3% increase over the pre- _ Ili vious year. _fl IV. The total property taxes extended or abated for 2006 I, were $4,529,943. 1905 Marketview Dr, Yorkville (630)553-5144 The estimated total property taxes to be levied for are $5,343,378. This represents a 7% increase over r the the Mon-An Bam-6pm, Lowest UPS Shipping Rates previous year, S Sun Closed In T®will ' Agenda Item Number CA#1 Tracking Number PS 2007-40 This page serves as a placeholder for the draft document Request to Purchase LiveScan, which was included in the November 27, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtg_s agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `,QED C/TY 2 v O h<[E fib" Agenda Item Number CA#2 Tracking Number PS 2007-41 This page serves as a placeholder for the draft document New World Software Purchase, which was included in the November 27, 2007 CO packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mt)Zs minutes.cfm \QED Cl EST Agenda Item Number CA#3 Tracking Number PS 2007-42 This page serves as a placeholder for the draft document Request for Cadet Pay Increase, which was included in the November 27, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm ,CEO e,T� <qq� <CE4\yy2 Page 1 of 13 UNITED TE T HLE E OF HEW O DRAFT CITY COUNCIL CHAMBER October 23, 2007 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Arden Plocher Alderman Joe Besco Alderman Rose Spears Alderman Gary Golinski Alderman Robin Sutcliff Alderman Jason Leslie Alderman Wally Werderich Alderman Marty Mums City Treasurer Bill Powell City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator McLaughlin Police Lieutenant Schwartzkopf Assistant City Administrator Olson Park & Recreation Director Mogle City Attorney Roth Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Finance Director Mika Public Relations Officer Spies GUESTS: See attached list. PUBLIC HEARING Mayor Burd entertained a motion to go into public hearing for the vacation of Sleepy Hollow Road. So moved by Alderman Werderich; seconded by Alderman Golinski. Motion approved by a viva voce vote. Mayor Burd stated that the public hearing was to discuss the vacation of a portion of Sleepy Hollow Road located south of Illinois Route 71 legally described as follows: Sleepy Hollow Road Vacation, that part of sections 14 and 23, Township 36 North, Range 6 East of the Third Principal Meridian described as flows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a pointel935.49 feet north of the south quarter comer of said Section 23, in Kendall County, Illinois. Mayor Burd asked Attorney Roth to discuss the reason for the vacation. He explained that this is an ordinance that has been prepared in response to an annexation agreement for the Hammon property which provides for the vacation of Sleepy Hollow Road. The city received correspondence from the owner of the property stating that the original vacation ordinance was not valid because at the time it was approve there was a defect in the annexation ordinance. As a result of this, Attorney Roth was asked his opinion if it would be appropriate for the city to re- adopt the vacation ordinance and it is his opinion to re-adopt it upon the terms contained in it. The terms clearly state that the vacation of the road will not go into effect unless or until a higher authority ultimately approves a landfill at that site. The purpose to approving the vacation ordinance is to preserve the city's jurisdiction over the property. He stated that he felt it was appropriate for the city to retain this jurisdiction over the Hammon property because it then Page 2 of 13 controls the land uses on the property. If the city goes into default under the annexation agreement then the city's position of controlling the usage of the land will be subjected to challenge. He explained that there is presently a petition to disconnect the Hammon from the United City of Yorkville. He presented the following reasons for not going into default in the annexation agreement: 1 . The city will have a basis for defending against the disconnection petition in court. 2. Under the annexation agreement, it will provide the city with jurisdiction even if the property is disconnected because according to state law land that is the subject of an annexation agreement remains under the jurisdiction of the city. 3. It preserves the city with jurisdiction in regards to the land application problems that are occurring at the Hammon property. 4. It avoids unnecessary complexities before the Illinois Pollution Control Board in deciding who has jurisdiction over the territory for purposes of the landfill siting. He reiterated that he recommends that the City Council adopt the vacation ordinance under the terms that are written. He re-emphasized that the terms provided indicate that the vacation will never go into effect until a landfill is approved by a higher authority. As the City Council has disapproved the landfill, this will require a reversal by the Illinois Appellate Court. Finally, Attorney Roth explained that the vacation ordinance provides a disincentive for Mr. Hammon to persist in his action to disconnect this territory from the United City of Yorkville or to have the annexation agreement declared in default. Kelly Kramer spoke on behalf of Virginia Welles. She stated that they understood Attorney Roth's opinion however her client objects to the vacation because the road stops at her property. The vacation will limit her access on the east side of her property to Route 71 . Ms. Welles also feels that there will be a public benefit taken away if the road does not connect to Walker Road. Attorney Kramer contends that the provision as drafted in the annexation agreement is voidable in that the vote requirement per Illinois state statute for a road vacation requires a '/ vote (6 out of 8) of the aldermen in office. This provision in the annexation agreement as drafted is also voidable because the annexation requirement according to Illinois Municipal Code requires a 2/3 vote (5 of 8) of the corporate authority. They contend that the Illinois State Legislature, through the separate voting requirements, has specific things that need to be done and need to be followed in the matter of a road vacation. Ms. Kramer's client is requesting that the City Council deny the ordinance vacating Sleepy Hollow Road. Judy Gilmore read a statement from the Friends of Greater Yorkville (FOGY) regarding Hammon intent for the landfill on his property and his petition for de-annexation. The statement supported the vacation of the road with conditions. There were no more public comments. There were no comments from the City Council. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a viva voce vote. PRESENTATIONS None. Page 3 of 13 DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the Bill List: o Page 13 — Hervas, Condon, & Bersani, P.C. — admin — Sibenaller vs. Milewski in the amount of $2,537.30. Alderman Spears questioned the nature of the bill. Assistant City Administrator Olson clarified that it should read Sibenaller vs. Milschewski and that the fee was for legal fees for the lawsuit regarding the landfill petitions. Director Mika stated that she would give a copy of the invoice to the City Council. Alderman Spears asked that the bill be removed from the list until farther clarification was received. The City Council agreed. o Page 15 — Kendall Printing — admin — 200 announcements in the amount of $108.35. Alderman Spears asked what the city was announcing. Mrs. Spies explained that this was for personal note cards for the mayor. Mayor Bard commented that she thought that this was on the last bill list and Mrs. Spies stated that two orders were placed and this is for the second one. Alderman Plocher noted that there is a budget for things like this and he asked if it there was a problem going over the budgeted amount. Mrs. Spies stated there was no problem going over budget. Alderman Spears stated that the problem was with responsible spending and she asked that a running total be kept for orders such as this. o Page 35 — Yorkville School District 115 — admin — tennis court work in the amount of $45,823.00. Alderman Spears thought that the Council approved $40,000.00 for this expenditure. Director Mika explained that the city agreed to pay 50% of the cost which was originally estimated to be $80,000.00. Alderman Spears asked if this was the final amount and Director Mika stated it was. There were no further questions or comments. The Bill List as amended was placed on to the September 25, 2007 City Council agenda for approval. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA L COW 2007-36 FY 06107 Audit by Wolf and Company Director Mika introduced representatives from Wolf & Company who thanked the City Council for choosing them to perform the audit. They complimented the Finance Department and explained that some changes were made based upon governmental accounting recommendations. A highlight of the audit is the general fund balance which is $5 million or approximately 50% of total expenditures. This figure should not mislead the Council; as this is not the unrestricted fund balance or what is available for spending. Another highlight was the change in the Governmental Accounting Standards Board (GASH) reporting model. The first two statements on pages eleven and twelve give a new view of the city's financial situation. Alderman Golinski noted that due to the fact that the Council was at the Illinois Municipal League Conference the past weekend and he did not get the information until Sunday, October 21" and did not have a chance to review the information. The auditors indicated that the Council could contact them with any questions. Mayor Bard stated that it had been previously noted that there were things the city should improve on. She asked if there were still deficit things that needed to be fixed. The auditors stated that they were currently working on this and preferred not to discuss them in depth at this time. He noted that they were not included in the audit however recommendations will be forthcoming. Page 4 of 13 Alderman Spears asked if the council was going to postpone the vote on the audit until all the documentation is received and the Council has time to review it. Director Mika indicated that she would like to file the audit with the state by October 31 , 2007. Alderman Spears asked if the city could get an extension and the auditor stated that this was possible but they would like to file on time. Alderman Spears noted that in the past, the auditors recommendations were given to the Council at the same time as the audit. She stated that she found this beneficial when reviewing the documents. He explained that their forthcoming comments will not affect the audit however he would try to get the information to the Council by Friday, October 26, 2007. City Administrator McLaughlin explained that Wolf & Co. has been engaged to provide two different deliverables to the city. One report improves how the city operates the finance department and controls the revenues and expenditures. This report is forthcoming. The other is the statutorily required audit that needs to be submitted. He noted that Director Mika and her team, along with Wolf & Co., have worked hard to meet the deadline. He stated that unless someone had an accounting background and could find something that would materially change the report from the auditors, this report it done. He indicated that he; Director Mika and City Treasurer Powell have reviewed it. He suggested that the audit be approved subject to his review. It was the consensus of the council to approve the audit pending City Administrator McLaughlin review. This item was placed onto the September 25, 2007 City Council agenda for approval. MAYOR 1. COW 200 7-3 7 Request for Class "B" Package Liquor License — 7-Eleven Mayor Burd reported that there are a set number of liquor licenses (6) and if anyone new applies for a license the Council has to approve adding to the number allowed. Staff has recommended approval of the license for 7-Eleven. Alderman Leslie clarified that the amendment only adds one additional license so that it still maintains governing power. Mayor Burd stated that this was correct. Alderman Leslie suggested limiting the number of liquor establishments the city will allow. Alderman Munns was in favor of the license but noted that this establishment is at Sycamore and Route 34 where the city is awaiting a traffic signal. He stated that getting in and out of the location is very difficult without the light. This item was placed on to the September 25, 2007 City Council consent agenda for approval. 2. COW 2007-34 Vacation of Sleepy Hollow Road Mayor Burd noted that there has already been much discussion on this item. Alderman Werderich asked that it be noted by the City Attorney that he has addressed the concern expressed by Attorney Kramer. Attorney Roth stated that he is aware of the concerns, he has considered them however his recommendation remains. Alderman Leslie stated that Attorney Kramer's logic was the same has his when this began however he was going to follow the guidance of the City Attorney. Page 5 of 13 Alderman Spears noted that it was requested in executive session that the Council receive a copy of a case study Attorney Roth identified. She stated she did not receive this. Attorney Roth stated that he provided a copy the next day. It was determined that he gave the copy to City Administrator McLaughlin who did not distribute it to the entire Council. Mr. McLaughlin apologized and indicated he would re-distribute the information to all the Council members. Alderman Golinski commented that this is a tough decision on a confusing issue. He questioned language in the ordinance regarding "public interest". He asked how the vacation of Sleepy Hollow Road is in the public's interest. Attorney Roth stated that it is in the public's interest to avoid a claim of default under the annexation agreement. He reiterated that the vacation is conditional. Alderman Besco stated that he never realized that the vacation would limit access to the Welles property which the city just annexed. Alderman Leslie clarified if there were terms in the re-draft of the vacation for the building of another road to replace the one vacated which would give the Welles property access to Route 71 . Attorney Roth stated that this was correct. Alderman Besco asked if the site of the new road was dictated in the vacation ordinance. Attorney Roth stated that the annexation agreement provides for an alternative access point. Attorney Kramer noted that the location of the regional road was never determined and that this is one of the arguments she has had on behalf of her client; there is no guarantee that the new road will be located on the site. Attorney Roth stated that the intention in providing an alternative road was to maintain access for the other property owners. He stated that it is not specifically defined that was the reason for the alternative road and Hammon is obligated under that provision. Alderman Spears asked that language be included in the ordinance to indicate that the replacement road will serve the Welles property. Attorney Roth agreed this would be appropriate and said he would develop language that would mirror the annexation agreement provision. It was decided to vote on this item as amended. This item was placed on to the September 25, 2007 City Council regular agenda for approval. ECOMOMIC DEVELOPMENT COMMITTEE 1. EDC 2007-40 Monthly Building Permit Report for September 2007 Alderman Leslie reported that permits are down compared to last year. Alderman Werderich asked if there were any ideas on how this would affect the budget. Alderman Leslie indicated that Assistant City Administrator Olson has been tracking the affects on capital expenditures. Mr. Olson explained how each capital fund was affected differently due to impact fees. Administrator McLaughlin noted that October 31 , 2007 marks the six month mark of the budget. He indicated that he had reviewed the budget through five month and that he and Director Mika will review the budget together after October 31 , 2007. He stated that in the past, revenues were greater and department expenses were higher. He felt that the city will be in an opposite position this year so he will be meeting with the department heads to discuss reducing the budget to come in conformance with revenues. Alderman Leslie asked if this will affect the city's bond rating. Administrator McLaughlin did not feel it would affect the rating however the bonding capacity of the city is based on the amount of accessed value in the city. With new growth and accessed value being down, the city is limited to the amount it can bond for. Treasurer Powell noted that the 28% unrestricted funds are a positive for the city; this is looked at by bonding agents. Page 6 of 13 2. EDC 2007-41 Monthly Plan Commission Report for October 2007 Alderman Leslie referred to the information ion the City Council packets. He asked if there were comments or questions. Mayor Burd called a point of order and reminded Alderman Leslie that he was not at a committee meeting and the mayor runs the COW meeting. She clarified that she is the one to ask for comments or questions. Alderman Leslie noted that he has sat in over twenty hours of meetings as Economic Development Committee chairman; he expressed his confusion as to how he is to bring forward discussion if he is not allowed to run the Economic Development Committee Report. Mayor Burd noted that when Alderman Leslie came on the City Council, it was operating differently. The chairmen report on their items but she runs the meeting and asked for comments and questions not the chairmen. Alderman Werderich asked Director Miller to explain the concerns residents had regarding the Zangler property. Director Miller explained that staff had recommended a bike trail run across the Zangler property because they felt there was an opportunity to connect trails. He noted that the current park plan does not identify a trail in this area. At the Plan Commission's public hearing for the property, the property owner and a few area residents expressed concern with the routing of the trail and the unknown as to what it will connect to. The Plan Commission was in favor of the Annexation Agreement and agreed that it wasn't a good location for a bike trail. Alderman Golinski noted that the Parks Department and Park Board are updating the master park plan. He asked Director Mogle if there were any future plans for a bike trail on the north side of the river. He expressed his concern that the city might not have the foresight to reserve easement in this area. Director Mogle explained that a bike trail plan is in progress and this property is still being evaluated. Alderman Golinski noted that if the city does not get the easement, there never will be a bike trail in this area. Alderman Spears noted that this property wasn't in the regional bike trail master plan and she commented that she had a problem with staff suggesting the property owner give the city an easement. She stated that she did not feel this was fair and she did not want this to continue to happen throughout the city. Alderman Plocher stated that the owner was giving the city a great deal by only putting one home on this five-acre parcel. He felt that if the owner didn't want the trail, the City Council should support this. Alderman Leslie noted that it was important to note that the utility easement will allow for future sewer connections and that the City approached the owner to annex. Director Miller reiterated that the Plan Commission was against the trail. He noted that this is a voluntary annexation. He also noted other conditions were negotiated with the property owner and there will be further discussion at the public hearing at the following City Council meeting. Alderman Leslie went over a few other items on the Plan Commission report such as the Thomas Alarm rezoning and the Welles property. 3. ZBA 2007-34 212 Spring Street Variance Request Alderman Leslie reported that this is a variance being requested for a shed on residential property. The owner of the property, Larry Franklin, built a shed within the required setback area and the City received a complaint from a neighbor regarding the location of the shed. The owner of the shed is now requesting a variance so he does not have to move the shed. The ZBA voted unanimously against the variance. Page 7 of 13 Alderman Besco commented that the property is beautifully maintained however it is unfortunate the City's rules were not followed when the owner built the shed. This caused the shed not to be inspected during the construction process. He noted that the shed is almost impossible for the shed to be moved. Alderman Munns questioned if the rules the owner received were clear. Director Miller explained that it is the petitioner's responsibility to review the applicable ordinance. The permit application does include additional language to provide assistance and staff is available for questions. Alderman Golinski commented that this is a tough decision; on one hand the city has codes and ordinances to follow and on the other hand granting the variance won't make a difference to any of the neighbors who complained. He did feel it would create a hardship for Mr. Franklin. He noted that Mr. Franklin's property is beautiful and he agreed with Alderman Besco that the shed cannot be moved. He acknowledged that Mr. Franklin possibly created his own hardship. Alderman Leslie stated that he spoke with the neighbor's who opposed the location of the shed and went through the time line given to the Council by staff. He stated that if a contractor built the shed, they would be asked to remedy the situation. He stated that complaints came in almost immediately and staff reacted early on in the building of the shed. There should have been time for correction. Mr. Franklin addressed the City Council and distributed pictures of his property. He apologized for the lack of communication and admitted to making a mistake; he built the shed without a permit and did not know there was a 5 ' setback. He noted that he was not in the financial position to move or remove the shed and that removal of the shed would interfere with his koi pond. He explained that as soon as he was issued a stop work order, he applied for a permit but wasn't told of the setback. He also indicated that he had plans to further improve the shed with gutters, etc. Mayor Burd questioned if the landscaping was done when he received notice of the setback concern and Mr. Franklin indicated that the landscaping was done at this time. There was some discussion regarding the affect of the removal/moving of the shed on the pond. Mr. Franklin indicated that the pond was in place before he built the shed. Alderman Spears asked why the neighbors objected. Mr. Franklin indicated he did not know why they were objecting because they really couldn't see the shed and the house owned by the complainants is vacant. He noted that there have been other issues with the neighbors. Alderman Spears asked staff if the variance were enacted to keep up the value of property. Director Miller explained that the codes are in place to maintain value as well as for the public's safety. Alderman Sutcliff asked how other neighbors feel about the shed and Mr. Franklin distributed a list of neighbors who support the location of the shed. He noted that he has received many positive comments on his property. Alderman Munns asked if there was a security light on the shed and Mr. Franklin indicated there was not; there was not. The complainant, Kate Edwards, addressed the Council. She indicated that she, along with her two brothers, is the owner of the property of 211 E. Center; the property directly south of Mr. Page 8 of 13 Franklin's. She noted that the ZBA unanimously denied the variance for the shed and she asked the Council to uphold the denial. She explained that originally the property at 211 E. Center Street was owned by her father who initiated the complaint but has since passed away. She indicated that she and her husband will be moving into the property in the future. She stated that it was her father's wish and hers that the shed not be erected within the setback area. She indicated that her father discussed his position on the shed with Mr. Franklin in July 2006. At this time he informed Mr. Franklin of the setback ordinance and the need for a building permit. Her father discussed his concerns with her and her brothers. When her father saw the shed being erected without a permit, she took pictures of the shed being constructed and made a complaint to the Building Department. She went over the time line of events and stated that it was Mr. Franklin's responsibility to research the legal requirements before building the shed. She again she asked the City Council to uphold the ZBA's denial of the variance. Alderman Leslie asked if the ticket issued to Mr. Franklin was for the setback violation or for construction without a building permit. Director Miller indicated that the ticket was for violation of the setback. Alderman Besco questioned why the shed was not inspected after the building permit was applied for. Director Miller indicated that the permit was handled as a new application. Alderman Besco felt that the shed should have been inspected at the time the permit was issued. He indicated that he was having a problem with this issue. He noted that when he put his pool in, he was given information regarding the setbacks, placement of electric, etc. so that the pool could be instructed in the way it should be done. He noted that there were periodic inspections throughout the process. He was disturbed that the permit was issued after the start of construction without an inspection of what was already constructed. Treasurer Powell noted that the pictures distributed by Mr. Franklin show a fence around the shed. He asked which was built first. Mr. Franklin indicated that the fence was built first on the south side of the property by a contractor. He was not satisfied with the fence so a portion of the fence was taken down and corrected when the shed was built. Mrs. Edwards also noted that the fence wasn't on her property and was removed and put back up after the shed construction. There were no further questions. 4. PC 2007-32 Thomas Alarm System — Development Agreement and Rezoning Alderman Leslie reported that this is a preexisting, non-conforming property. Staff recommends the rezoning; traffic and parking have been addressed. There were no comments or questions. 5. PC 2007-25 Fields at Westhaven — Preliminary PUD Alderman Spears asked if the developer would identify a historical street name. Alderman Leslie noted that this was addressed at the Economic Development Committee meeting and the developer requested a street name list. Director Miller indicated that staff needed to provide the developer with the list. Alderman Spears asked if staff was adhering to the percentage requirements and Director Miller stated that as far as he knew they were. 6. PC 2007-33 Welles Property — Zoning Recommendation Alderman Leslie reported that staff recommends the rezoning. There were no questions or comments. Page 9 of 13 7. PC 2007-22 B & P Properties — Rezoning/Concept PUD Director Miller reported that the property is fourteen acres on Corneils Road between the Caledonia and Westbury subdivisions. The current zoning is Ml however the surrounding areas have been rezoned residential. The developer purposes a forty-eight duplex units which is consistent with the land use for the area. The Plan Commission recommended the Planned Unit Development zoning with staff recommendations for a right-of-way along Comeils Road. The PUD recommends provisions for this. Alderman Sutcliff stated that she discussed demographics and the possible number of children that could impact the schools. Director Miller sent her information regarding population, possible students, land cash, etc. She asked that the entire City Council get this information. Alderman Besco noted that the application and petition for annexation refers to the property to the north (the MacArthur property) being zoned Ml - limited manufacturing. He asked if this is what is on the Comprehensive Plan or if it was the existing zoning. Director Miller indicated that property to the north is zoned Ml which is not consistent with the plan. Alderman Besco stated that he thought the MacArthur property was zoned agricultural. Alderman Werderich asked if the proposed density was above the highest amount allowed for a transitional area. Director Miller stated that it was. Alderman Werderich asked if the high density was adjusted by open space. Director Miller explained that the lot sizes indicated of the concept plan are at the low end of the scale. He indicated that the Plan Commission was comfortable with the layout, lot sizes and density even though they were higher than average. Alderman Plocher indicated he would rather see single-family homes on larger lots. 8. PC 2007-I9 Briguglio —Annexation Alderman Leslie reported that this property is on River Road and was part of a county subdivision. He noted that there was some concern from area residents which have been resolved. Director Miller explained that the city requested utility and storm water easements on the property and the petitioner agreed to this. 9. EDC 2007-42 Hudson Lakes Subdivision — Final Plat Extension Requests Alderman Leslie reported that this is a request for an extension on the Final Plat. He explained that he spoke with staff and it was determined the extension should be limited to a twelve month period. If a longer period is needed, the petitioner will have to request an extension. He stated that the Council could deny the extension in which the petitioner would incur an additional expense of re-submittal of the plat. Director Miller explained that originally the petitioner requested an extension to the year 2010 however staff recommended limiting the extension to twelve month increments. Alderman Werderich commented that he thought the developer asked for a longer period in order to increase the equity of the land which is needed for the school site. Director Miller explained that ten acres of the subdivision is intended for the school district. There is a mortgage on the property which will carry on to the school property. Director Miller indicated that the request for the extension is the first of its kind. Alderman Spears asked if the developer selected a historic street name and Director Miller indicated that they did however he could not remember the name chosen. He indicated he would include the name in a report to the City Council. Page 10 of 13 10. EDC 2007843 Grande Reserve Units 10,11,16,17 & 24 — Final Plat Extension Request Alderman Leslie reported that this was a similar request as the one made in the previous item and the same extension term was given to the developer. PARK BOARD No report. PUBLIC WORKS COMMITTEE 1. PW 2007-134 Proposed Wetlands Ordinance Alderman Besco reported that this item was on the COW agenda on October 9, 2007 and it was decided to postpone it so the Council could have more time to review it. Alderman Leslie commented that the ordinance is huge and he has read some of it but hasn't made it through the entire document. He had concerns with the identification of actual wetlands, the scope and the size of the wetlands, the economic impact to developers, etc. He indicated that he was uncomfortable with voting on the ordinance at this time. Alderman Sutcliff stated that she spoke with Director Miller who indicated that staff is not finished reviewing the document. She stated that the document has been in the works for two years so there isn't a hurry to approve it. Director Miller indicated that staff should have a report on the ordinance by the end of the following week. Alderman Spears indicated that she had some input on the ordinance and asked if she could email the information to Director Miller who agreed to this. Mayor Burd indicated that this item will be brought back to the City Council at a later date. PUBLIC SAFETY COMMITTEE No report. ADMINISTRATION COMMITTEE No report. CITY COUNCIL REOUESTS 1. COW 2007-38 Discussion of Travel and Conference Participation by Aldermen Alderman Besco explained that the City Council received a report from the City Administrator which gave information about a Springfield trip that Mayor Burd, Alderman Sutcliff, Lieutenant Hart, the Executive Director of Metro West and the president of Montgomery attended. He indicated that he was surprised to hear about the meeting with IDOT after it took place, via the administrator's report. He explained that he was coming home through Springfield and he could have attended. He expressed his concern that neither he nor the Economic Development Committee chair knew anything about the meeting. He felt that due to the magnitude of the subject (widening of Route 47) the entire Council should have been notified of the meeting before it occurred. He suggested that the City Council develop a policy to address who should attend conferences of this type. Page 11 of 13 Alderman Sutcliff explained that she contacted Springfield and spoke to people there she knows. She asked them who they would like to see and she was told they wanted to meet with Mayor Burd and the mayor of Montgomery so that is who she took with her. She farther explained that she spent two months making appointments and that Mayor Burd facilitated the meeting. She only went along because she was the contact person and knew the people. Mayor Burd indicated that she attended the lobbying session at the Illinois Municipal League Conference. Between these sessions and Alderman Sutcliff s contacts, she learned that it was better not to have all the aldermen attend meetings of this. She noted that if another alderman attended it would have been considered a public meeting. She stated that the meeting was nothing more than lobbying for something that was identified as a goal already. The issue for the widening of Route 47 has been discussed many times. She stated that she read in the newspaper that IDOT overlooked Yorkville because of the actions of the former mayor; she felt it was a timely thing to meet with them. She reported that the meeting was very positive. Alderman Leslie commented that the widening of Route 47 is an important issue. He agreed with Alderman Besco that the City Council should have been made aware of the meeting since it was set up two months in advance. He thought that the City Administrator should have been attendance at the meeting. He felt it was nicer to hear about something and to look forward to it. He indicated that the mayor told him about the meeting the Friday before it occurred. Mayor Burd explained that the actual date of the meetings was not set up two months in advance; it took two months to coordinate the meeting and the date kept changing. She stated that they could have said they were planning to go to Springfield to lobby for Route 47. Alderman Leslie stated that it would have been good to know in advance. Alderman Leslie noted that the Council is a non-partisan committee. He stated that when he spoke with the mayor about the meeting he was under the assumption that the mayor was going to talk to some people. She commented to him that "those people of that party couldn't get it done." He cautioned the mayor that when the city goes down to Springfield, it is important to not have partisan politics. Mayor Burd stated that she went to Springfield to speak with IDOT and the meeting had nothing to do with political parties. She stated that she was not partisan at all; she goes to see everybody. She stated that she spoke with State Representative Tom Cross who indicated that he is 100% behind Yorkville and she spoke with State Senator Chris Lauzen who assured her Route 47 was his top priority. She stated that she does not see this as a committee issue but rather a city-wide issue. She stated that if anyone knew anyone in Springfield and would invite her to lobby she would be happy to do so; according to the IML sessions, the mayor is the one to do this as they represent the entire city. She stated that it was interesting to go to Springfield with two mayors and the executive director of Metro West. MOT acted very impressed and were willing to work them. Alderman Spears asked if the mayor of Sugar Grove was invited. Mayor Burd stated he was not but she did try to get a member of the Kendall County Board to attend. She stated that they were just focusing on Yorkville and Mayor Michelini did not talk about her part of Route 47. Alderman Besco stated that the mayor at one time said that the funding for Route 47 was tied to the Gaming Bill and he questioned who told her this. Mayor Burd stated that the information came out of Metro West. She asked if Administrator McLaughlin distributed the information to everyone and he indicated that he did not get the information. Mayor Burd explained that the information encouraged everyone to lobby for the Gaming Bill. She indicated that she had a copy of an email she would distribute to the Council. Alderman Spears indicated that she requested at Page 12 of 13 the Public Safety Committee meeting that the entire Council be provided the documents. As the mayor's printer was not working, Administrator McLaughlin stated that he would make copies for everyone. Alderman Spears asked how much money would be coming to Yorkville if the Gaming Bill was approved; according to Mayor Daley the bulk of the funds appear to be going to Chicago. Mayor Burd stated she was told the $45 million would be available. She was told that if the bill passes, IDPT will go out to bid as soon as possible and would use eminent domain to move forward. She was told that IDOT would be on the "fast track" to move the project forward. There was some discussion regarding the $4 million set aside due to Representative Hastert's efforts. The funds require a matching grant from the State of Illinois however they have not come forward with the match. Alderman Besco recommended that the Council not get "tunnel vision". He stated that without knowing all the details of the gaming bill, he did not feel it was appropriate for the city to set its sights on the funds. He stated that while he wants Route 47 widened, he did not believe the city should support the Gaming Bill. He stated that he had information to distribute regarding the opposition of the bill. Mayor Burd noted that the Gaming Bill was not discussed when she was in Springfield. Alderman Golinski commended the mayor's and Alderman Sutcliff participation in lobbying Springfield however he wished there was a better way to communicate to the entire Council when things like this come up. Mayor Burd indicated that she would try her best to notify the Council sooner. Mayor Burd noted that they were invited back to Springfield to meet with Senator Durbin's staff. She was also contacted today with information regarding funds that are earmarked through his office if it is under $100,000.00. She stated that she would like the opportunity to meet with Durbin's office. 2. COW 2007-39 Discussion of City Council Attorney Alderman Munns reported that an attorney for the City Council has been discussed in the past. He felt it was time to open up the discussion again to see if there was a any interest in hiring a legislative attorney. Alderman Werderich indicated that he would like more information on this. Mayor Burd indicated that she brought this up when she was an alderman because she did not have faith in the former City Attorney's recommendations. She wanted to get advice from another attorney. Alderman Spears indicated that she supported this because she was seeking legal advice from local attorneys. She felt that the Council a having access to their own attorney would be beneficial to them. She explained that this request was not an indication of the current attorney's abilities. Alderman Besco noted that he too supported the hiring of a legislative attorney. Alderman Leslie Suggested bring the matter to a vote again. The Council discussed the cost, guidelines for the use of the attorney, budgeting, history of the previous consideration of the matter, etc. Page 13 of 13 This item was placed on the Administration Committee agenda for further agenda. ADDITIONAL BUSINESS Committee/Commission Application Forms Alderman Spears asked what form is used for individuals applying for the Human Resource Commission or ad hoc committees. Assistant City Administrator Olson indicated that one form is used for all committee/commission applicants. Alderman Spears indicated that the form she saw was confusing. Mr. Olson stated that he would give copies of the correct form to the members of the City Council. Alderman Spears asked if anyone applied for the senior ad hoc committee and she was told that no had yet. DVDs of the Meetings Alderman Spears noted that she had not received a copy of the DVD from the last COW/Council meeting. Mrs. Spies indicated that there is at least a two week turn-around for getting the DVD's for the Council. Street Light Alderman Golinski reported that there was a street light leaning in the River's Edge subdivision, east of Poplar Street. Director Dhuse stated he would investigate. Ward Meeting Alderman Sutcliff reported that a Ward meeting was scheduled for Monday, October 29, 2007 and that residents would be receiving a letter regarding it. The meeting will be held at the Library's large meeting room at 6:00 p.m. and the light at Sycamore and Route 34 as well as the widening of Game Farm Road will be discussed. Mayor Burd noted that if aldermen from other wards attend, they should sit in the audience and not comment so the meeting does not turn into a special City Council meeting There was no further additional business. The meeting was adjourned at 9:35 P.M. Minutes submitted by Jackie Milschewski, City Clerk Agenda Item Number Bill payments for approval Tracking Number This page serves as a placeholder for the draft document Bill List , which was included in the November 27, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mt sgagendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtg_s minutes.cfm `REV CIP ZO , °T ESL , _ 1836 <CE \Vr Agenda Item Number Mayor#1 Tracking Number COW 2007-35 This page serves as a placeholder for the draft document Ordinance Approving Boundary Agreement with Montgomerw, i which was included in the November 27, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, htlp://www.yorkville.il.us/gov mtgs minutes.cfm \,CEO cry Z UT, �1836 lt, - O •bj�[E[` 'y `QED c/py Reviewed By: Agenda Item Number 0e Legal ❑ EST 1836 Finance 171 Engineer ❑ Tracking Number Q ICI ®i y City Administrator ❑ S1 etis° �O Consultant ❑ LE Agenda Item Summary Memo Title: Holiday Under the Stars Update Meeting and Date: City Council—November 27, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Glory Spies Community Relations Name Department Agenda Item Notes: See attached memo. 0 CITY Memorandum 9 To: Mayor Valerie Burd, Elected Officials EST _ �eac From: Glory Spies, Community Relations Officer 0 p Date: 11/20/2007 LE "Wo ® IV Subject: United City of Yorkville Holiday Under the Stars CE In lieu of previous years' annual Christmas Walk the United City of Yorkville is beginning a new holiday tradition with Holiday Under the Stars. This festival was created by the United City of Yorkville as a result of a Chamber of Commerce decision to not host a Christmas Walk this year. In order to fill a void, and provide Yorkville residents with a festival they could call their own, the decision was made to host a festival with funds from the community event budget. This year's new community event is offering a host of activities for every age and takes place from 6:00 p.m. to 9:00 p.m. on Friday, Nov. 30 at Town Square Park. This event was also created in part due to our recent community focus groups that indicated community events were instrumental to the quality of life that Yorkville residents are seeking. Events such as Holiday Under the Stars, Hometown Days, Music Under the Stars, Theater in the Park and other community events create a venue for activity, ownership of a community and provide businesses within our community with opportunity. When planning the event, the committee felt adamant about offering a variety of activities that everyone would have the opportunity to enjoy from children to seniors. The Yorkville High School Madrigal singers and the Yorkville Big Band and their venues are providing two excellent musical concerts for individuals who may not otherwise have the opportunity to attend if they were held outside. Though the city is hosting Holiday Under the Stars, I am also pleased to report that several businesses in the area are supporting this event financially including EarthMover Credit Union, Caterpillar, Inc., Old Second Bank, Provena Mercy Medical Center, Edward Hospital and Health Services and the Kendall County Record in addition to many other local businesses. In the spirit of the holiday season, a fundraising component of the event was added. Town Square Park will be lined with over 650 luminaries to support the Kendall County Food Pantry's Hop on the Bus Program. All proceeds from prior and same day sales of the luminaries will go directly to the Hop on the Bus Program courtesy of Caterpillar, Inc. The luminary project for the Holiday Under the Stars program has already raised approximately $2,000. I'm sure Holiday Under the Stars will become a United City of Yorkville holiday tradition that residents will look forward to attending year after year. Attached is an approximate expense and revenue report for Holiday Under the Stars. Holiday Under the Stars: Musical Entertainment: Yorkville Big Band $ 1 ,250 Yorkville High School Madrigals donation 200 Chapel on the Green donation 300 Parkview Christian Academy donation 300 Plano Victorian Lamplight Singers 50 Other Entertainment: Shaw' s Tent and Awning 1 ,900 Kelly' s Inflatables 200 Candy for Santa 125 Carriage rides (Jim & Becky' s) 1 ,500 Reindeer 1 ,040 Ice Sculpture 1 ,035 Publicity and advertising: BFC Printing (fliers) 905 Kendall County Record (stuffing of fliers) 300 WSPY radio advertising 500 Kendall County Record ads 423 Printing of banners and signs 800 Transportation: Septran bus shuttle 170 Food South Bridge Coffee 600 Parks and Recreation popcorn 100 Food for volunteers 200 Luminaries: 1,280 Other: Tree for Town Square Park 500 Miscellaneous decorations 150 Total approx. expenditures: 15,628 Luminary donation approx. based on sales: 2,000 Approx. revenues: 7,000