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City Council Packet 2006 03-14-06 Cl,). Zj o United City of Yorkville 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 o L o Telephone: 630-553-4350 op Fax: 630-553-7575 <LE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,March 14, 2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD 1V Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technologv Committee 7:00 p.m., Monday, April 3, 2006 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, March 23, 2006 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, April 6, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, April 13, 2006 City Hall Conference Room Presentations: 1. Kendall Citizens for Farmland Protection City Council Meeting Agenda March 14, 2006 Page 2 Public Hearings: None Citizen Comments: Consent Agenda 1. PS 2006-04 Police Reports for January 2006 Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—December 13,2005 and January 10, 2006 Minutes of Special City Council—February 11, 2006 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,444,694.76 (vendors) $ 168,303.87 (payroll period ending 2/18/06) $ 1,612,998.63 (total) Reports: Mayor's Report: 1. Coffee with the Mayor: March 18th at Sawmill Pizza, 227 Heustis Street from 9:00 - 11:00 a.m. 2. ZBA 2005-58 Ordinance Approving Variances Increasing the Maximum Allowable Area of the Ground Sign for a Business Located at 7131 Route 47 (Saravanos Properties,LLC) 3. ADM 2005-19a. Ordinance Establishing Special Service Area Number 2005-109 (Bristol Bay 1) 4. ADM 2005-19b. Ordinance Providing for Issuance of Special Service Area Number 2005-109 Special Tax Bonds, Series 2006 (Bristol Bay I) 5. ADM 2006-15 Ordinance Amending Ordinance No. 1990-24 an Ordinance Setting Forth the Standards and Regulation for Payment for Development and Extension of Utility Costs upon Annexation and/or Planned Unit Development to Provide for an Increase in the Municipal Buildings Fee 6. Employment Agreement for Interim City Administrator City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Council Meeting Agenda March 14, 2006 Page 3 Reports (con't): City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community Development Director Report: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. EDC 2005-01 Resolution Amending Resolution No. 2002-04 Approving Special Tax Bond Policy 2. PC 2005-27 Ordinance Granting Rezoning for Belinda Lies, Hendra Conrad and Faith Unlimited, Inc. (Kiddie Campus) from"O" Office District to "O"Office District Special Use for a Day Care Center 3. PC 2006-07 Resolution Approving the Final Plat of Subdivision for Caledonia Unit 1 4. PC 2005-45 PNGK Family Limited Partnership Property Annexation Agreement (Onishi—McHugh Professional Building) a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning d. Development Agreement Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For the appointment,employment,compensation, discipline;performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: City Council Meeting Agenda March 14, 2006 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 –2006 UBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DEVELO_PM_E_N , co mmittee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council _ Downtown Re-development _ D UBLIC SAFEf C Vjj _ ommittee-------------------—Departments -- --Liaisons –-------— Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock [1DMIMSTRA I Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock SAD_HOC_TECHNOLOGY --__-------------------------= --- -------------------- ---- Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock MINUTES OF THE REGULAR MEETING OF THE CITY COUNCII. DRAFT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY.DECEMBER 13.2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward 11 Burd Present Wolfer Present Ward ID Ohare Present Munns Present Ward lV Besco Present Spears Absent Also present: City Clerk Milsehewski,Interim City Administrator Cools,City Attorney Wyeth, Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham,Director of Recreation Swithin,and City Intent Olson. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that the Public Hearings be done an order reverse of that on the agenda. COMMPFTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,January 9,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,December 15,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,January 5,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,January 12,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PUBLIC'HEARINGS Tanglewood Development Corporation—Evergreen Farm Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Tanglewood Development Corporation and Evergreen Farm Estates,LLC,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One�Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 48.8 acres at the northwest and southeast comers of Fox Road and Pavillion Road,Kendall Township,Kendall County, Illinois.So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Munns-aye,Besco-aye,Leslie-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. The Minutes of the Regular Meeting of the City Council—December 13.2005—page 2 Mayor Prochaska entertained a motion to continue the public hearing until the January 10,2006 City Council meeting. So moved by Alderman Besco;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Ohare-aye,Burd-aye,Munns-aye,Besco-aye,Leslie-aye,Wolfer-aye Daniel A.Laniosz—Hinsbrook Bank Trust#03-008 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Daniel A.Laniosz and Hinsbrook Bank Trust 403-008,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 3.13 acres at 10701 Route 71,Kendall Township,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-eye,James-aye,Ohare-aye,Burd-aye,Munns-aye,Besco-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Ohare. _ Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Mums-aye Payne Onishi and Richard and Monica Claahsen Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Payne Onishi and Richard and Monica Claahsen,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County R-3 Single Family Residential to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately.903 acres at 1100 McHugh,Bristol Township,Kendall County,Illinois. So moved by Alderman Wolfer,seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,W Munns-aye,Obare-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine V itosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye,Besco-aye CONSENT AGENDA 1. Police Reports for September and October 2005(PS 2005-01) 2. Ordinance 200492—Abating Special Service Area Texas for Special Service Area Number 2004104 Central Grande Reserve -authorize the Mayor and City Clerk to execute(ADM 2005-21) 3. Ordinance 200493—Abating Special Service Area Taxes for Special Service Area Number 2004106 Total Grande Reserve -authorize the Mayor and City Clerk to execute(ADM 2005-22) 4. Resolution 2005-80—IDOT Highway Permit and Resolution—Raintme Village— Temporary Route 126 Entrance-authorize the Mayor and City Clerk to execute(PW 2005-38) 5. Amendment to Easement Contract with Roy and Paula Wilkinson-authorize the Mayor and City Clerk to execute(PW 2005-39) 6. Revised Autumn Creek Watermain Easement- authorize the Mayor and City Clerk to execute subject to legal review and staf/'recommendations(PW 2005-05) 7. Resolution 2005-81—Approving Fox Road Southwest Area Transportation Study- authorize the Mayor and City Clerk to execute(EDC 2005-06) 8. Ordinance 2004-94—Modifying Subdivision Name from Cornerstone to Briarwood- -authorize the Mayor and City Clerk to execute(EDC 2005-04) The Minutes of the Regular Meeting of the City Council—December 13,2005—nage 3 9. Resolution 2005-82—Approving a Policy Setting Guidelines for Economic Incentives for Commemial/Industrial Business-authorize the Mayor and City Clerk to execute (EDC 2005-02) 10. Congregational Church Shed Purchase—approve purchase of storage shed from the Yorkville Congregational Church in an amount not to exceed$600.00(PB 2005-01) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Burd;seconded by Alderman Chore. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-eye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting from November 1,2005;seconded by Alderman Ohara. Motion approved as corrected by a viva voce vote BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 2,2005 totaling the following amounts:checks in the amount of $1,231,643.92(vendors);$163,202.05(payroll period ending 11/12/05);$167,241.20(payroll period ending 11/26/05);for a total 0£$1,562,087.07 seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-? Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye,Wolfer-aye REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on December 17, 2005 at Wholesale Tire,1209 A North Bridge Street(Route 47)from 9:00 a.m.to 11:00 a.m. Proclamation for National Drunk and Drugged Driving(3D)Prevention Mouth Mayor Prochaska read a Proclamation for National Drunk and Drugged Driving(3D)Prevention Month(see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a viva voce vote PRESENTATIONS Yas/Fischel Facility Master Plan City Intern and Deputy Clerk Bart Olson reported that this is the final presentation of the Yorkville Downtown Vision Plan/Municipal Facilities Plan. He introduced Stephen Yea who made the presentation. Please see attached copy of the power point presentation given by Mr. Yes. After the presentation,Mr.Yas asked for questions or comments. Mayor Prochaska noted that the Downtown Plan indicates a community center but also indicates that the space could be commercially viable also with shared space. Mr.Yas stated that all vision plans need to be flexible and adaptable. He stated that the downtown should have activity generators whether they are perpetuated by government or the private sector. Mayor Prochaska asked if there was an estimated cost for constructing the city green in the downtown. Mr.Yas stated he did not have one but he gave an example that moving the existing buildings could be in the$50,000.00 to$80,000.00 range. He stated that the cost could also be affected by whether the City wanted the green to be built on grade or over a parking facility. He added that if a Tax Increment Financing(TIF)Redevelopment District is applied to the area these are eligible expenses. He stated that the key to this or any similar project is the TIF;without it the City will not realize many of the public benefits. Alderman Besco noted that the plan indicates bridges to the islands in the Fox River and he asked who owned the islands. Alderman Munns stated that the islands in that area of the downtown are owned by the State of Illinois. The Minutes of the Regular Meetine of the City Council—December 13.2005—Pape 4 There was some discussion as to if the Economic Development Committee wanted to discuss this plan further and it was decided to bring the plan to the January 3,2006 Committee of the Whole meeting. He asked Mr.Yu to attend the COW meeting. Sheriff Richard Randall,501 Main Street,commented that Mr.Yas presented a good outline of the plan but he had a concern with parking in the area. Mr.Yes stated that the plan is to have parking under each building for both residential as well as retail. He reiterated that TIF funds could be applied to the cost of public parking. There were no further questions or comments. CITIZEN COMMENTS Dale Larson,1818 A Country Hills Drive,addressed the City Council with his concerns regarding the proposed parking ordinance. He stated that the ordinance puts him in the position to become a criminal because he will have to break the law in order to park his vehicles. If he takes his family's vehicles off the street and parks them in his driveway,he will be blocking the sidewalk. He asked the City Council what was he suppose to do. He stated that when he questioned the legality of blocking the sidewalk be was told that he could choose to break the law by blocking the sidewalk,buy a new smaller vehicle,park his vehicle somewhere else or move. He asked the City Council if they thought this was an appropriate response to his concems and he did not feel residents should endure this hardship. He was also told that the City was going to be has on the sidewalk ordinance. He questioned if the sidewalk violation was an ordinance or not. He noted that many people are going to be put into precarious positions due to the new ordinance. He stated he moved into a small farming community in 1989 and by the passing of this ordinance it changes Yorkville from that small rural community to a suburban community. He agreed that something needs to be done regarding some parking issues however this ban causes a dilemma for him as well as others. He asked if there were other avenues that should be investigated and he questioned if there was a demand for this ordinance at this time. He stated he spoke with Chief Martin who told him the Police Department will be suspicious of cars parked on the street during the ban hours;the cars could belong to someone burglarizing homes. Mr.Larson asked Chief Martin how many burglaries have occurred in the City in the last two years. He stated he was told 15 to 20 in the last two years. He stated that now residents are being put into the position to shuffle cars and call for permission for overnight guests and he found the situation frustrating. He also noted that the Record newspaper stated that the City needs to start addressing growth issues somewhere. He asked if this is the place to address this especially at the expense of some of the citizens. Cameron Mueller,707 State Street,addressed the Council. He commented that he felt that parking ban was absurd. He stated that as a teenager he represents the student body of Yorkville High School and he noted that driving amongst students is increasing and they like to spend the night at friend's houses.He stated that it is common courtesy for teenagers not to park in the driveway and block the cars belonging to the adults in the home and this ban makes it illegal to park on the street while they are spending the night. Justin Graff,1313 Walsh Drive addressed the Council and explained that he disagrees with the proposed ordinance. He stated that the ban is inconvenient to everyone in the city because residents have to report overnight guest parking on the street to the Police Department He explained that now if someone is too tired to drive home,they can just stay at their friend's home overnight. He also noted that the ban puts a curfew on people and he felt it was not needed at this time. Carol Foster,1312 Chestnut Circle,addressed the City Council and commented that she supports a parking ban for commercial vehicles. She stated that there are semi trucks parking on the streets in her subdivision and she does not feel this should be allowed as they cause trouble with traffic flow. Mayor Prochaska noted that the City received an email dated December 13,2006 from Anton and Michelle Graff regarding their concerns with the parking ordinance(see attached). Karen Fisher,1391 Chestnut Circle,addressed the Council with her concerns about semi trucks parking in her subdivision. She stated that she and her husband are the Neighborhood Watch Captains and they constantly get complaints about the truck.She wanted to bring this to the attention of the City Council. Tim McBride,Evergreen Lane,addressed the City Council. He stated that he noticed two vehicles that were parked when the snow plow went around last Thursday and that both vehicles have not moved since. He stated that the ban could help a situation such as this. The Minutes of the Regular Meetine of the City Council—December 13,2005—Pace 5 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Watermain Breaks Director Dhuse reported that there was a watermain break on King and Mill Streets at 5:00 a.m. this morning and that it was repaired by 11:00 a.m. He also reported that there were three other watermain breaks and one sewer break in the last week. Snow Ordinance Director Dhuse noted that there is an ordinance banning parking on the streets after 2"of snowfall as well as on banning the shoveling or blowing of snow on the street from sidewalks or driveways. Alderman Morris asked if the plow drivers notify the Police Department of cars parked on the street during the snow ban and Director Dhuse stated that it depends on how busy the Police Department is due to the weather. Chief Martin explained that some vehicles were issued tickets however the Police Department has not begun towing vehicles. Mayor Prochaska stated that he felt that there should be a time limit for how long a vehicle sits on the street after it has been ticketed. He stated that if the car remains after the second time the plow goes around,it is time to tow the vehicle. CHIEF OF POLICE REPORT No report EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Oak Grove Subdivision—1%Mile Review (PC 200549) A motion was made by Alderman Mums to approve the 1 'h mile review for Oak Grove Subdivision,subject to compliance with City subdivision control ordinances for the requested zoning classification(R-2);seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolferaye,Besco-aye,Burd-aye,James-aye,Leslie-aye,Munns-aye,Ohare-aye PUBLIC SAFETY COMMITTEE REPORT Ordinance 2005-95 Amending City Code Title 6— Traffic Regarding Overnight Parking and Restrictions on Parking of Commercial Vehicles (PS 2005-10) A motion was made by Alderman Ohare to approve an ordinance amending City Code,Title 6— Traffic,regarding overnight parking and restrictions on parking commercial vehicles,as presented;seconded by Alderman James. The Minutes of the Reffular Meeting of the City Council—December 13.2005—page 6 Alderman Mums commented that he has seen empty driveways where he has also seen cars parked on the street.in Fox Hill. He stated that driving down the streets in Fox Hill is like driving a slalom run and he did not understand why people chose to leave cars on the streets. Hesitated that he himself had a strange car parked in front of his]rouse at 2:00 a.m.and when he looked around;his neighbors had room in their driveways. He also stated that he has received 28 calls regarding the ordinance and 27 of the callers have supported the ban. He commented that he was in favor of the ban however he felt this ordinance was"watered down". Alderman Burd noted that there was a provision in the code that states that the City Council may consider granting a petition to opt out of the prohibition from property owners living on a cul de sac. She stated that this unfair to those not on cul de sacs and she asked if there was any thought given to residents of a block where they all agree they want to be exempt. Alderman Ohare stated that this was discussed at the Public Safety Committee meeting however some streets are not wide enough for parking and some are too busy to allow this. She stated that the ordinance still needs to be"tweaked"and this has been discussed with Chief Martin. Issues such as residents with one-car garages and short drives need to be addressed. She stated that there are a few months before the ban goes into effect and Chief Martin has offered to discuss concerns with residents and make adjustments if residents show the needed. Alderman Munns asked Alderman Ohm why there is an exemption for cul de sacs. She explained that there is not thru-traffic on a cul de sac and many of the driveways along cul de sacs are very short. Alderman Leslie reported that he received 9 telephones calls in favor of the ban and two against it. He thanked Dale Larson for calling him to discuss his parking problem and he noted that he drove by Mr.Larson's driveway and it is impossible to fit five cars in it. He stated that he is on the Public Safety Committee and sat through all the discussions and feels it is time to get an ordinance on the books however he stated he was not particularly impassioned by the policy. He noted that he received more phone calls regarding this ordinance than anything else since being on the Council and the majority supporting it. Mayor Prochaska commented that in the 12 years he has been on the City Council many ordinances have been passed which have changed and/or restricted how things have been done. He stated that never has this been done without a remedy for people who are put in a precarious position. He felt that this ordinance does not allow for hardship cases and he was concerned with this. He asked that if the City Council passes the ordinance tonight,that it would be with the understanding that they will look at developing mechanisms for hardship cases for existing residents. He asked that this be developed before the ordinance takes effect in March 2006. He stated that another concern he had was with the exemption dates when cars will be allowed to park on the street. He felt that the ordinance needs to clarify that while they are allowed to park on the street;they are not exempt from any other safety or weather related prohibitions. His last concem was that the ordinance did not address parking on the street during the day and some of the same issues that exist at night will exist during the day. Alderman Burd commented that she wished that this ordinance would have been brought up at the COW meeting in more detail so there could have been more discussion. She stated that she agreed with Aldermen Leslie and Munns that there are many residents asking for this and it is important to push it through. She commended those aldermen who have been working on the ordinance because they were trying to respond to a need in the community. Alderman Wolfer asked if the motion should be amended to add that a hardship amendment will be provided. Alderman Burd stated that it is hard to define"hardship". Aldermen Leslie and Munns both indicated that the City Council has to March 2006 to define hardship. Alderman Wolfer asked if the motion could be amended to include that this condition will be met by March. Alderman Ohare noted that Chief Martin wanted to address some of the issues on certain circumstances that come forward in the next few months. Alderman James clarified that there could be an amendment making the ordinance contingent on a hardship clause being in place. Attorney Wyeth clarified that the motion on the floor could be amended if anyone so choose. Alderman Hurd suggested that if the Council knows they are going to amend the ordinance,why not postpone the vote for two weeks to get the clause added and create a solid ordinance. Alderman Wolfer agreed however Alderman Mums did not feel it should wait A motion was made by Alderman Burd to postpone the vote on this issue to December 27,2005; seconded by Alderman James. The Minutes of the Regular Meeting of the City Council—December 13.2005—wage 7 Motion defeated by a roll=11 vote. Ayes-3 Nays-4 Ohare-nay,Burd-aye,Munns-nay,Besco-nay,Leslie-nay,Wolfer-aye,James-aye Alderman Ohare commented that the Public Works Committee worked very hard on this ordinance including the hardship issue. Chief Martinis willing to workout the details for Mr. Larson and any other problems brought to his attention. She stated that the details cannot be dealt with until they are brought forward. Alderman Burd stated that if the ban is approved,Chief Martin cannot work out the details because"the details"could go against the law. She commented that if the City Council makes a policy decision,Chief Martin has to implement it he cannot decide who gets to do whatever;this is not fair to him or any citizen. Chief Martin stated that the ordinance could be amended to address any issues brought up to him and that he would bring these issues to the City Council for their consideration. Alderman Boni stated that this is the lost time this has happened;passing an ordinance and fixing it as it goes along. She commented that she found it interesting that this ordinance has been in the works for five years and things are still up in the air. A motion was made by Alderman Ohare to call the question;seconded by Alderman Mums. Motion to call the question approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Mums-aye,Besoo-aye,Leslie-aye,Wolfer-aye,James-aye,Ohme-aye Motion to approve the ordinance approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Mums-aye ADMINISTRATION COMMITTEE REPORT Ordinance 2005-96 Abating Special Service Area Taxes for Special Service Area Number 2003-100(Raintree Village I) and Approving the Amended Special Tax Roll (ADM 2005-03) A motion was made by Alderman James to approve an ordinance abating Special Service Area Taxes for Special Service Area Number 2003-100(Raintree Village I)and approving the amended Special Tax Roll as presented;seconded by Alderman Ohara. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Mums-aye,Besco-aye Ordinance 2005-97 - Abating Special Service Area Taxes for Special Service Area Number 2003-101(Windett Ridge) and Approving the Amended Special Tax Roll (ADM 2005-04) A motion was made by Alderman James to approve an ordinance abating Special Service Area Taxes for Special Service Area Number 2003-101(Windett Ridge)and approving the amended Special Tax Roll as presented;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Mums-aye,Besco-aye,Leslie-aye ADDMONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer;seconded by Alderman Burd. Motion approved by a viva voce vote. Meeting adjourned at 9:35 P.M. Minutes submitted by: Jacquelyn Milachewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on December 13 , 2005 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . D-779705 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 P R E S E N T : 2 MR. ARTHUR F . PROCHASKA, Mayor; 3 MR. PAUL JAMES , Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS , Alderman; 8 MS . WANDA OHARE, Alderman; 9 MR . JOSEPH BESCO, Alderman; 10 MR . JOHN CROIS, City Administrator; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 13 A P P E A R A N C E S : 14 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue, Suite 380 15 Naperville, Illinois 60563 BY: MR . JOHN JUSTIN WYETH, 16 appeared on behalf of the United City of Yorkville, Illinois . 17 18 - - - - - 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : At this time I 3 would entertain a motion to go into public 4 hearing for the discussion of Tanglewood 5 Development Corporation and Evergreen Farm 6 Estates , LLC , petitioners , request to annex to 7 the United City of Yorkville and rezone from 8 Kendall County A-1 Agricultural to the United 9 City of Yorkville R-2 One-Family Residence 10 District and for hearing as to the annexation 11 agreement of the petitioner . 12 The real property consists of 13 approximately 48 . 88 acres at the northeast and ' 14 southeast corners of Fox Road and Pavillion Road, 15 Kendall Township and Kendall County, Illinois . 16 And just so everybody is aware, 17 I believe this is going to ask to be continued, 18 but we do need to open it , and -- for anyone that 19 is in the audience if they have any questions 20 so . . . 21 MS . OHARE : Moved. 22 MR . WOLFER : Second . 23 MAYOR PROCHASKA : Moved and 24 seconded. May I have roll call , please? Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . MILSCHEWSKI : Wolfer . 2 MR . WOLFER : Aye . 3 MS . MILSCHEWSKI : James . 4 MR . JAMES : Aye . 5 MS . MILSCHEWSKI : Ohare . 6 MS . OHARE : Aye . 7 MS . MILSCHEWSKI : Burd . 8 MS . BURD: Aye . 9 MS . MILSCHEWSKI : Munns . 10 MR. MUNNS : Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR. BESCO : Aye . 13 MS . MILSCHEWSKI : Leslie . 14 MR_ LESLIE : Aye . 15 MAYOR PROCHASKA: Motion is carried. 16 Is there someone representing 17 the developer, sir? 18 MR. NELSON : Yes . Good evening . 19 MAYOR PROCHASKA: Can you come over 20 here to the mic? If you are going to continue 21 this , are you going to actually make a 22 presentation or would you actually continue it? 23 MR . NELSON: Whatever you would like 24 me to do . Depo Court Reporting Service ( 630 ) 983-0030 5 1 MAYOR PROCHASKA: Well , it was my 2 understanding you had asked to continue it , so if 3 that ' s the case , we do need to do -- if there is 4 anyone that is in the audience that has any 5 questions , you do that, so we continue it . 6 MR . NELSON : Okay . 7 MAYOR PROCHASKA : Can you state your 8 name , please? 9 WHEREUPON : 10 ROBERT NELSON, 11 testified before the Yorkville City Council as 12 follows : 13 MR. NELSON : Yes . My name is Robert 14 Nelson . I am the president of Tanglewood 15 Development Corporation, the developer of the 16 project . 17 MAYOR PROCHASKA : Is there anyone 18 that is in the audience that is here this evening 19 for this particular public hearing? Yes , sir . 20 UNIDENTIFIED AUDIENCE MEMBER : Just 21 as an observer and neighbor -- Oh . Sorry. 22 MAYOR PROCHASKA : Okay . Then what I 23 would like to do at this time is to move to 24 continue this public hearing to the first City Depo Court Reporting Service ( 630 ) 983-0030 6 1 Council meeting in January, which -- do we know 2 what that date is? 3 MR . CROIS : Ten . 4 MAYOR PROCHASKA: January 10 at 7 : 00 5 p .m. 6 MR. BESCO : So moved ._. 7 MS . OHARE : Second . 8 MAYOR PROCHASKA : Moved and 9 seconded. May I have roll call , please? 10 MS . MILSCHEWSKI : James . 11 MR. JAMES : Aye . 12 MS . MILSCHEWSKI : Ohare . 13 MS . OHARE : Aye . 14 MS . MILSCHEWSKI : Burd . 15 MS . BURD : Aye . 16 MS . MILSCHEWSKI : Munns . 17 MR . MUNNS : Aye . 18 MS . MILSCHEWSKI : Besco . 19 MR. BESCO : Aye . 20 MS . MILSCHEWSKI : Leslie . 21 MR . LESLIE : Aye . 22 MS . MILSCHEWSKI : Wolfer . 23 MR . WOLFER : Aye . 24 MAYOR PROCHASKA: The motion is Depo Court Reporting Service ( 630) 983-0030 7 1 carried, so this public hearing will be brought 2 before the City Council on January 10th, 2006 , at 3 which time it will be brought forward . 4 MR. NELSON : Thank you . 5 MAYOR PROCHASKA : Next I would 6 entertain a motion to go into public hearing for 7 the purpose of discussing a request by Daniel A . 8 Laniosz and Hinsbrook Bank, trust number 03-008 , 9 petitioners , request to annex to the United City 10 of Yorkville and rezone from Kendall County A-1 11 Agricultural to United City of Yorkville B-3 12 Service Business District and for hearing as to 13 the annexation agreement of the petitioner . 14 The real property consists of 3 15 point -- approximately 3 . 13 acres at 10701 16 Route 71 , Kendall Township, Kendall County, 17 Illinois . 18 19 MR . BESCO : So moved . 20 MR . JAMES : Second . 21 MAYOR PROCHASKA: Moved and 22 seconded . May I have roll call, please? 23 MS . MILSCHEWSKI : Leslie . 24 MR. LESLIE : Aye . Depo Court Reporting Service ( 630 ) 983-0030 8 1 MS . MILSCHEWSKI : Wolfer . 2 MR . WOLFER: Aye . 3 MS . MILSCHEWSKI : James . 4 MR . JAMES : Aye . 5 MS . MILSCHEWSKI : Ohare . 6 MS . OHARE : Aye . 7 MS . MILSCHEWSKI : Burd . 8 MS . BURD : Aye . 9 MS . MILSCHEWSKI : Munns . 10 MR . MUNNS : Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR. BESCO : Aye . 13 MAYOR PROCHASKA : Motion is carried . 14 We are now in public hearing . 15 Is there somebody here 16 representing the petitioner? Do you want to come 17 forward and let the audience know what you are 18 doing? 19 WHEREUPON : 20 DANIEL A . LANIOSZ, 21 testified before the Yorkville City Council as 22 follows : 23 MR . LANIOSZ : I am Daniel A . 24 Laniosz . Depo Court Reporting Service ( 630 ) 983-0030 9 1 MAYOR PROCHASKA: Okay . And we are 2 looking at -- do you have property at -- this 3 is -- 4 MR . LANIOSZ : 10701 Route 71 , 5 Yorkville . Well , we ' ll see if it ' s Yorkville . 6 MAYOR PROCHASKA: The property is -- 7 That ' s across from the Harris Forest Preserve? 8 MR. LANIOSZ : Right . It ' s like 9 kitty-corner from the Forest Preserve District 10 and the -- I don ' t know what that is over there . 11 Fairgrounds . 12 MAYOR PROCHASKA: Fairgrounds . 13 MR . LANIOSZ : Fairgrounds . Right . 14 MAYOR PROCHASKA: Before the City 15 Council tonight -- and it has been on display -- 16 is the actual agreement for this annexation, and 17 I would ask if there is anyone that would like to 18 come forward and give testimony or comment on 19 this agreement . 20 MAYOR PROCHASKA: Come forward, 21 state your name for the record . 22 WHEREUPON : 23 WILLIAM GARRETT, 24 testified before the Yorkville City Council as Depo Court Reporting Service ( 630 ) 983-0030 10 1 follows : 2 MR . GARRETT : William Garrett . I ' m 3 adjacent to the property, 10645 Route 71 . 4 I was contacted by Yorkville ' s 5 attorney telling me that there would be a Plan 6 Commission for me to see, to see what they were 7 actually going to do to the property and what 8 Yorkville was going to do for a buffer between 9 the business and my house , which is a 10 residential . 11 MAYOR PROCHASKA: Okay . Do you have 12 any kind of plan for this evening? 13 MR . LANIOSZ : Well , actually I think 14 you -- I presented it in the past . It ' s for a 15 garden center and zoning change . 16 MAYOR PROCHASKA: I understand . 17 Typically we need to have something to present 18 before the public, that ' s why it ' s a public 19 hearing, so we can show what we are doing, 20 present it for the Council . 21 Is this something that the 22 attorney has ? John, do you know -- can you find 23 out from John if we have a copy of -- or Bart , do 24 we have a copy of that as far as what is being Depo Court Reporting Service ( 630 ) 983-0030 11 1 presented? 2 MR . LANIOSZ : Do you mean a site 3 plan? 4 MAYOR PROCHASKA : We do have an 5 annexation agreement here and that has been on 6 display . Have you come to look -- 7 MR. GARRETT : The only thing that I 8 had seen was -- we had agreed that -- Mr . Laniosz 9 said that he was not going to build on the first 10 section that I had concerns about, the 1 . 24 . 11 He just asked that there be an 12 access drive in the front of the building to the 13 back of the building, and then I was told that 14 there was going to be a buffer, and then that 15 would be on display for me to see, to see if I 16 agreed with it, and that it would be in writing 17 Mr . Laniosz is not going to do anything with this 18 piece of land which was currently or is 19 residential . 20 I said okay, and they said 21 we ' ll have that for you when you come for the 22 meeting . 23 MAYOR PROCHASKA : Okay . That would 24 be something supplied by the petitioner . I mean, Depo Court Reporting Service ( 630 ) 983-0030 12 1 there is a spot here for the plot and annexation, 2 but I don ' t see it , so at this point in time -- 3 MR . MUNNS : Mr . Mayor, I think at 4 one of the last EDC ' s -- Dallas Ingemunson, 5 wasn ' t he representing you? 6 MR . LANIOSZ : Yea , he was . That ' s 7 right . 8 MR . MUNNS : Okay . And he had made 9 certain concessions about they weren ' t going to 10 do certain things, but, again, we never saw it as 11 far as , you know, in writing or drawn out . 12 MAYOR PROCHASKA: Is your attorney 13 here or is he - 14 MR . LANIOSZ : No, my attorney is not 15 here, that ' s Dallas , and we ' ve presented it six 16 times already, so I -- 17 MAYOR PROCHASKA: I understand . But 18 this is a public hearing, this is to present to 19 the public . 20 MR . LANIOSZ : To the public or to 21 the board? 22 MAYOR PROCHASKA: To the public . 23 This is a public hearing of this petition . We 24 then take public comment on that petition . Depo Court Reporting Service ( 630 ) 983-0030 13 1 MR . LANIOSZ : So what you are 2 looking for is another copy of the site plan? 3 MAYOR PROCHASKA: Well , and if -- 4 Well , it was my understanding from the last 5 meeting was that there were going to be some 6 changes made to whatever we had here previously 7 to indicate -- 8 MR . MUNNS : We met over there in the 9 room and Dallas had said you were going to, you 10 know, observe the driveway and put some -- I 11 don ' t know if he said put some bushes or 12 whatever, but he would take this gentleman ' s 13 concern and not have you driving on -- you know, 14 driving big trucks through the driveway . 15 MR . LANIOSZ : Well , there was an 16 easement to his property and I agreed to that . I 17 agreed to not conduct business on the driveway 18 easement . 19 I have two other driveways and 20 I don ' t need to conduct business on that driveway 21 easement . 22 MR. MUNNS : That ' s what Dallas was 23 saying . This was supposed to be like laid out in 24 a plan . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MR . LANIOSZ : Right . But I did 2 present a site plan . Now, if I need to present a 3 site plan tonight, I didn ' t . I wasn ' t aware of 4 it, so it would be presenting the site plan 5 again . 6 MAYOR PROCHASKA : We ' ve got 7 something . 8 MR. LANIOSZ : And the site plan does 9 not involve his property, the easement to access 10 his property at all . 11 MAYOR PROCHASKA: This is not the 12 entire par -- This is just the one parcel, not 13 both parcels , and I think that was the question, 14 was how -- was there going to be anything on the 15 parcel to the east? 16 MR . LANIOSZ : No, there is not . 17 That ' s why I don ' t know -- You want me to present 18 a vacant piece of property to -- that ' s not built 19 on, there is no improvements on it? 20 His -- I own it . I pay the 21 property taxes on it . There is an easement . I 22 don ' t see the reason to involve his property or 23 his neighboring property because we ' re not using 24 it per our improvements . Depo Court Reporting Service ( 630 ) 983-0030 15 1 MAYOR PROCHASKA: But you are asking 2 it to be annexed into the City . 3 MR . LANIOSZ : Right . 4 MAYOR PROCHASKA: Well , then it ' s 5 part of the public hearing . 6 MR . LANIOSZ : Okay . I understand 7 that . 8 MAYOR PROCHASKA : Okay . So that ' s 9 what I 'm saying . This is a public hearing; it 10 requires that he has an opportunity to state 11 whatever issues he has , so -- 12 MR. GARRETT : My question was that 13 it was originally residential and that it remain 14 that so it doesn ' t interfere with -- because our 15 lands come together . 16 The only thing dividing them is 17 a creek, and it was a matter of my privacy . I 18 did not -- 19 MR. MUNNS : We went through all the 20 pictures and all the stuff . 21 MR . GARRETT : Right . That ' s what I 22 was supposed to see today, is how they were going 23 to buffer that, and as long as I agreed for the 24 B-3 , okay, and he wanted an access in the front Depo Court Reporting Service ( 630 ) 983-0030 16 1 to go around the front buildings , okay, and he 2 agreed in writing that he was not going to 3 develop or include that other section of land 4 into the business , and I came to see the 5 buffering today, and I was contacted by the 6 lawyers and that ' s what they said,, so that ' s what 7 I am looking for . 8 MAYOR PROCHASKA : Well , I think the 9 bottom line is that at some point that needs to 10 be presented, that plan . 11 As far as whether you approve 12 it or not, it ' s whether this council approves 13 it -- 14 MR . GARRETT : Right . Exactly . 15 MAYOR PROCHASKA: -- taking into 16 account your comments , which they are here in 17 this public hearing, they are on record, so that 18 point is noted in the minutes . 19 MR. GARRETT : All right . 20 MAYOR PROCHASKA : I would ask any 21 other -- Do you have any other issues that you 22 want to talk about dealing with this at this 23 time? 24 MR. GARRETT : No, those were it . Depo Court Reporting Service ( 630 ) 983-0030 17 1 MAYOR PROCHASKA : Okay . Thank you . 2 MR . GARRETT : Thank you . 3 MAYOR PROCHASKA: Is there anyone 4 else that would like to speak on this public 5 hearing? 6 (No Response) 7 MAYOR PROCHASKA : Are there any 8 comments from the Council? 9 MR . MUNNS : Just one, Mr . Mayor . I 10 mean , this gentleman did make some good 11 concessions , but , again, until we see them in 12 writing, obviously that would make everybody a 13 lot happier knowing this is agreed to in writing, 14 what he ' s doing, that everybody is happy . 15 So I think the agreement Dallas 16 made with that gentleman, too, he was comfortable 17 that that was going to be the final written plan . 18 MR . LANIOSZ : You mean the easement 19 agreement -- 20 MR . MUNNS : Pardon? 21 MR . LANIOSZ : -- to get to his 22 property? 23 MR. MUNNS : Yeah, that you ' re not 24 going to drive over here . Dallas was going to Depo Court Reporting Service ( 630 ) 983-0030 18 1 put some bushes here . 2 MR. LANIOSZ : So the site plan 3 doesn ' t really tell you that? 4 MAYOR PROCHASKA: It would be a 5 landscape -- 6 MR . LANIOSZ : I mean, we have our 7 choice where -- we have our ingress and egress to 8 get in and out of the property, but the other 9 property -- 10 MAYOR PROCHASKA: Well , that would 11 be a landscape . If -- Part of the deal is you 12 have agreed to some kind of landscape, there 13 would be a landscaping deal that would be 14 included with your final application showing 15 whatever concessions your attorney is making 16 or -- you or your attorney . 17 And as far as this goes , I know 18 in the actual writing you -- we -- it does talk 19 about certain businesses that will not be 20 included -- 21 MR. LANIOSZ : Right . 22 MAYOR PROCHASKA: -- you guys have 23 talked about and that is in the agreement . 24 The thing that I ' m seeing is Depo Court Reporting Service ( 630 ) 983-0030 I 19 1 that there is nothing in the text that talks 2 about your -- those particular concessions , so 3 they would need to be as part of the plat . 4 MR . LANIOSZ : Concessions of the 5 plat of the property between -- 6 MAYOR PROCHASKA : Correct . 7 MR . LANIOSZ : -- mine and his that I 8 own and I have an easement and it ' s not included 9 in the site plan? 10 I ' m not getting it . I did 11 about a hundred of these meetings and I just 12 don ' t understand what you are looking for . 13 I know this has been tabled, I 14 have been going at this for a long time , 15 but there is a driveway -- 16 MAYOR PROCHASKA: Well , perhaps your 17 attorney should have been here with you this 18 evening because this is a public hearing . 19 MR . LANIOSZ : I understand that . 20 MAYOR PROCHASKA : All right . Let me 21 explain . At this meeting, the public is able to 22 come forward and ask whatever questions they 23 would like to ask dealing with your development, 24 and what we have had on display has been the Depo Court Reporting Service ( 630 ) 983-0030 20 1 proposed agreement -- 2 MR. LANIOSZ : Right . 3 MAYOR PROCHASKA: -- which is what 4 the public hearing is actually for . 5 Now, the public hearing as part 6 of the -- your agreement , one of the exhibits is 7 the legal plat -- legal description and plat of 8 annexation of the subject property . 9 MR . LANIOSZ : Okay . 10 MAYOR PROCHASKA: So the plat would 11 include all parcels that are to be annexed, okay? 12 MR . LANIOSZ : Okay . 13 MAYOR PROCHASKA: And so you ' ve got 14 one piece of that, but you just don ' t have the 15 other on here . We would need to have that 16 before -- 17 MR . LANIOSZ : I presented it, but 18 you didn ' t get it, tonight is what you are saying . 19 I understand . So -- 20 MAYOR PROCHASKA: And that would 21 need to be a part of this before it would be 22 approved is what I ' m telling you . 23 MR . LANIOSZ : Right . But it ' s been 24 presented, but tonight when it was passed out, I Depo Court Reporting Service ( 630 ) 983-0030 21 1 wasn ' t understanding that you needed it again 2 tonight , and I should have been more prepared and 3 presented it again . Okay . I understand . 4 MAYOR PROCHASKA : And we have taken 5 the comments of your neighbor and his comments 6 are on public record -- 7 MR . LANIOSZ : I understand . 8 MAYOR PROCHASKA: -- as are yours . 9 Okay. 10 MR . LANIOSZ : Okay . Thank you . 11 MS . BURD : Mr . Mayor, may I ask a 12 question? 13 MAYOR PROCHASKA : Yes . 14 MS . BURD : These changes , were they 15 part of the annexation agreement? 16 MAYOR PROCHASKA : They could be 17 included in a plat , that ' s what I ' m saying, that 18 plat of that parcel -- 19 MS . BURD : So it ' s not just that the 20 things that he ' s shown before , he needed to 21 update it, the changes he had agreed to . 22 MAYOR PROCHASKA: Well , I don ' t know 23 that he needs to have it here tonight, but he 24 certainly has to have that with whatever Depo Court Reporting Service ( 630 ) 983-0030 22 1 discussions for the Council to make their 2 consideration based on what was said at other 3 meetings . 4 MR. MUNNS : At the November EDC 5 meeting, whatever you guys and Dallas agreed to . 6 MR . LANIOSZ : Right . _. I presented 7 it, but I wasn ' t aware that I needed to get -- I 8 thought that you guys had it . 9 It ' s my mistake ; I didn ' t know 10 they didn ' t have that other parcel included . 11 MS . BURD : But we don ' t have the 12 changes , right? 13 MAYOR PROCHASKA : Well, we ' re not 14 voting tonight either . 15 MS . BURD : I know, but for the 16 public to see what the changes are , right? 17 MR. LANIOSZ : But the changes would 18 be -- It ' s a vacant lot . I mean, there really 19 aren ' t any improvements , but it would be 20 incorporated into the City . I understand that . 21 MAYOR PROCHASKA : What I 'm saying is 22 that doesn ' t need to be here tonight as long as 23 the comments were made and the comments are a 24 part of the minutes , and the alderman has Depo Court Reporting Service ( 630 ) 983-0030 23 1 testified that these changes and things that were 2 going to be done were a part of the previous 3 meeting, so all that is testimony at this public 4 hearing, so that would be -- the Council I would 5 suggest would then take that into consideration 6 when it came time to consider this annexation, 7 so . . . 8 Okay . Anybody else have any 9 other comments? 10 (No response ) 11 MAYOR PROCHASKA: I would entertain 12 a motion to close this public hearing . 13 MR . BESCO : Moved . 14 MS . OHARE : Second . 15 MAYOR PROCHASKA : Moved and 16 seconded. May I have roll call , please? 17 MS . MILSCHEWSKI : Besco . 18 MR. BESCO : Aye . 19 MS . MILSCHEWSKI : Leslie . 20 MR. LESLIE : Aye . 21 MS . MILSCHEWSKI : Wolfer . 22 MR . WOLFER : Aye . 23 MS . MILSCHEWSKI : James . 24 MR . JAMES : Aye . Depo Court Reporting Service ( 630 ) 983-0030 24 1 MS . MILSCHEWSKI : Ohare . 2 MS . OHARE : Aye . 3 MS . MILSCHEWSKI : Burd . 4 MS . BURD: Aye . 5 MS . MILSCHEWSKI : Munns . 6 MR . MUNNS : Aye . 7 MAYOR PROCHASKA : Motion is carried . 8 Thank you . 9 All right . Moving on to the 10 first, I would now entertain a motion to go into 11 public hearing for the discussion of a request by 12 Payne Onishi and Richard and Monica Claahsen, 13 petitioners , request to annex to the United City 14 of Yorkville and rezone from Kendall County R-3 15 Single-Family Residential to the United City of 16 Yorkville B-3 Service Business District and for 17 hearing as to the annexation agreement of 18 petitioner . 19 The real property consists of 20 approximately . 903 acres at 1100 McHugh, Bristol 21 Township, Kendall County, Illinois . 22 And I would -- 23 MR . WOLFER : So moved . 24 MAYOR PROCHASKA: Second? Depo Court Reporting Service ( 630 ) 983-0030 25 1 MR . JAMES : Second . 2 MAYOR PROCHASKA: Moved and 3 seconded . May I have roll call, please? 4 MS . MILSCHEWSKI : Besco . 5 MR. BESCO : Aye . 6 MS . MILSCHEWSKI : Burd . 7 MS . BURD : Aye . 8 MS . MILSCHEWSKI : James . 9 MR. JAMES : Aye . 10 MS . MILSCHEWSKI : Leslie . 11 MR. LESLIE : Aye . 12 MS . MILSCHEWSKI : Munns . 13 MR . MUNNS : Aye . 14 MS . MILSCHEWSKI : Ohare . 15 MS . OHARE : Aye . 16 MS . MILSCHEWSKI : Wolfer . 17 MR . WOLFER: Aye . 18 MAYOR PROCHASKA: Motion is carried . 19 We are now in public hearing . I would ask if 20 there is someone here representing petitioner . 21 MR . KRAMER : I am, Your Honor . 22 MAYOR PROCHASKA: How are you, sir? 23 MR . KRAMER : Good . 24 MAYOR PROCHASKA : Go forward . State Depo Court Reporting Service ( 630 ) 983-0030 26 1 your name for the record. 2 WHEREUPON : 3 DANIEL J . KRAMER, 4 testified before the United City of Yorkville 5 City Council as follows : 6 MR. KRAMER : Daniel J . Kramer . I am 7 the attorney of record for the petitioners , both 8 the property owner and purchaser . I didn ' t know 9 if you want to swear me first or -- 10 MAYOR PROCHASKA : No, we don ' t need 11 to do it at City Council . 12 MR. KRAMER : Fair enough . The 13 drawing that ' s up on the easel to my left -- and 14 it ' s virtually the same drawing with the 15 reorientation of the building that was heard at 16 the Plan Commission . 17 Basically the property is just 18 slightly under one acre . It ' s located at the 19 southwest corner of the intersection of McHugh 20 and Heartland Drive . I 21 It touches or is contiguous 22 with the Yorkville City limits on the south of 23 the property and the east of the property . The 24 road, of course , the drive for the shopping, is Depo Court Reporting Service ( 630 ) 983-0030 27 1 not there . 2 With respect to the north of 3 the property, that still is out in the county . 4 It ' s a mixed on the north of some apartments and 5 some single-family residential . To the south 6 were single-family residential and to the east we 7 sit right across from the Heartland office 8 complex . 9 The Onishis actually, again, 10 have asked with the annexation agreement that ' s 11 on display, so we ' ve got the record accurate, to 12 zone the property a less intense use than the 13 original B-3 that was filed. We filed B-3 /office 14 use . 15 The annexation agreement that ' s 16 been filed with the City requests office zoning, 17 and limits it to that particular use . 18 The agreement we have presented 19 complies with all regulations of the City as far 20 as setback . Dr . Onishi, Karen Onishi , is an eye 21 doctor and plans to run an eye clinic at that 22 location . 23 The number of parking spaces is 24 tied in to the size of the building, the setbacks Depo Court Reporting Service ( 630 ) 983-0030 28 1 meet the ordinance , and we have had a landscape 2 plan reviewed and presented to Mike Schoppe . 3 We ' re asking that you conduct a 4 public hearing tonight, we ' ll be happy to answer 5 any questions , and that ultimately you approve 6 two things , the annexation of the-,property and, 7 again, the zoning of the property as 0, office 8 district . 9 MAYOR PROCHASKA: At this time I 10 would ask if there is anyone that would like to 11 come forward and give either comment or 12 testimony . 13 I would ask that you come 14 forward and state your name for the record, and 15 your address , please . 16 WHEREUPON : 17 JOEL MARMO, 18 testified before the Yorkville City Council as 19 follows : 20 MR. MARMO : Hi . Good evening . I am 21 Joel Marmo . I live right to the west of the 22 property in question . I just want to -- 23 MAYOR PROCHASKA: Can you just for 24 the record give your address , please? Depo Court Reporting Service ( 630 ) 983-0030 29 1 MR. MARMO : Sure . Oh , it ' s 1060 2 McHugh . 3 MAYOR PROCHASKA: Thank you . 4 MR . MARMO : I just wanted to state 5 for the record that it was brought to our 6 attention just now from Dan that that was the 7 plans originally, and I have a copy -- actually 8 this is the probably the first time that any of 9 us have seen it , and it ' s not the original , this 10 is , and the building is completely changed where 11 now the back of that building is facing my 12 property, where before it was facing the two 13 outlots behind it . 14 Here is a copy that was 15 presented to us before and that we originally had 16 access to . I don ' t know about anybody else , but 17 I didn ' t get a copy of that . 18 And just looking at it now, the 19 parking lot is roughly a different area, and the 20 access and parking situation is completely 21 different, and the design of the building, 22 actually the layout, is different, so I just 23 wanted to make that aware to everybody . So what 24 actually are we talking about? Depo Court Reporting Service ( 630 ) 983-0030 30 1 MAYOR PROCHASKA : This has actually 2 been on display, I mean, since the request for 3 the public hearing, this -- 4 MR. MARMO : Where? 5 MAYOR PROCHASKA : Here . 6 MR . MARMO : Here? Is that up to us 7 to come in and check periodically to see what the 8 changes are? 9 Because before we got this in 10 the mail . 11 MAYOR PROCHASKA : No, you would know 12 it , but as an adjacent owner, you were noticed of 13 the public hearing . 14 MR . MARMO : Okay . But what I was 15 saying was before that we. received what the 16 hearing was about and what the layout was going 17 to be . 18 I wasn ' t aware that if we got a 19 letter there was a meeting we need to check it 20 and see if they changed the plans , you know . 21 MAYOR PROCHASKA : Any time ' there is 22 a public hearing, the public hearing is for 23 something -- in this case , it ' s for the 24 annexation agreement -- Depo Court Reporting Service ( 630 ) 983-0030 31 1 MR. MARMO : Sure . 2 MAYOR PROCHASKA: -- which then is 3 on view . 4 MR . MARMO : Okay . But I -- So there 5 isn ' t anything saying what that public hearing is 6 about, if the plans have changed since the 7 previous notice, that we wouldn ' t get another 8 paper with the corrected version? 9 MAYOR PROCHASKA : Not unless the 10 attorney -- 11 MR. WYETH : No, no . 12 MR. MARMO : And the only reason I ' m 13 saying this is because when we come in, we are 14 going to plan on this , and looking at it and kind 15 of review it , come in and it ' s completely 16 different , it ' s a whole different plan at that 17 point . We are talking about something different . 18 So . . . 19 MAYOR PROCHASKA : Okay . Very good. 20 You are still welcome to make your comment . 21 MR. MARMO : Okay . Thank you . 22 MAYOR PROCHASKA: Thank you . State 23 your name , please, for the record . 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 32 1 ROBBIN ARNFELT, 2 testified before the Yorkville City Council as 3 follows : 4 MS . ARNFELT : My name is Robbin 5 Arnfelt and I reside at 661 Heartland Drive . 6 Thank you very much for giving us - the opportunity 7 to speak here tonight . I have just a few things 8 to add to this . 9 These are just some pictures of 10 our residential area that directly adjoins the 11 proposed area . 12 MAYOR PROCHASKA : Robbin, can you 13 put that up so people can see it? 14 MS . ARNFELT : Well , I didn ' t want to 15 go on top of it . Is that all right? 16 MAYOR PROCHASKA: Well, either that 17 or -- I8 MS . ARNFELT : I have copies for each 19 of the Council members if I can maybe pass it 20 around . I also -- We were told that we have a 21 petition from our neighborhood with over 100 22 signatures , and I have a copy for everyone here, 23 if I can pass that out now, too . 24 MAYOR PROCHASKA: Make sure that the Depo Court Reporting Service ( 630 ) 983-0030 33 1 clerk or the minute taker -- 2 MS . ARNFELT : okay . All right . 3 Sorry. Do you want to do this for me? I will 4 give you the original . 5 We got 20 additional signatures 6 tonight that aren ' t on the original copy, so -- 7 okay . 8 First of all , just to second 9 what Joel said, we did receive registered 10 letters , but they were the same letter of the 11 first time , they still said B-3 and they did not 12 have an attached plan, but that doesn ' t really 13 matter because my objections are still the same . 14 I ' m not going to refer to the annexation 15 agreement , but the rezoning issue . 16 Being a part of Heartland -- I 17 shouldn ' t have covered this up . My house is this 18 lot right here , so I am very much impacted by 19 this , and if you would take a look at all these 20 pictures here, you ' ll see that all the homes 21 around this area, there is nice wooded tree area 22 on this lot . Those would all be demolished by 23 the proposed plan . 24 It ' s a very nice residential Depo Court Reporting Service ( 630 ) 983-0030 34 1 area of McHugh, you can see down there, and the 2 idea of a commercial area, whether it be office 3 or B-3 , is just -- it ' s a horrible feeling to me 4 to come into our neighborhood like that when 5 there is so much other development that could be 6 going on in Yorkville on 47 , 34 , any of those 7 areas . 8 There was another public 9 hearing at the Planning Commission where this was 10 voted -- they were voted against the annex -- or 11 sorry, against the rezoning in a five to one 12 vote , so I hope that ' s all on the record here . 13 Like I said, we ' ve got the 14 petition with over 120 people in the Heartland 15 and adjoining areas . 16 It impacts a lot of things for 17 our area, and I ' m only going to speak on a few 18 points because there is a lot of other people 19 that want to say things, but basically to share 20 with you my experience , I ' ve lived in Yorkville 21 eight years and I moved to Heartland a year and a 22 half ago . 23 I am a single mom with two 24 kids . I chose Heartland because it ' s a nice safe Depo Court Reporting Service ( 630 ) 983-0030 35 1 area and the idea of a commercial building in my 2 back yard, again, it just horrifies me . 3 It brings down my property 4 value . It doesn ' t feel like a safe place to live 5 anymore . Strangers can be coming in and out of 6 there potentially all hours of the day, even if 7 it is limited to the daytime hours . 8 So I wanted to express my 9 concerns with this and that I am very strongly in 10 opposition to the zoning . Thank you very much . 11 MAYOR PROCHASKA: Thank you . Is 12 there someone else that would like to come 13 forward? 14 WHEREUPON : 15 RICH SCHROEDER, 16 testified before the Yorkville City Council as 17 follows : 18 MR . SCHROEDER : My name is Rich 19 Schroeder . I live at 683 Heartland Drive, and 20 let me point out to you where that is exactly . 21 MAYOR PROCHASKA : If you want to 22 move that down now . 23 MR . SCHROEDER : Yes . That would be 24 this property right here . Right now I have an Depo Court Reporting Service ( 630 ) 983-0030 36 1 office complex -- or actually there is two office 2 buildings across the street from me, which I knew 3 about when I moved in, and that ' s not a problem, 4 but now somebody wants to also build an office 5 building behind me . 6 And I really don ' t want an 7 office building 20 feet from my back yard . I 8 don ' t think any of you folks would like one 9 twenty feet from your back yard either . 10 There was a similar situation 11 that came to my attention that happened in 12 October . I ' m going to read you a little article 13 from the Beacon News , October 20 -- October 21st 14 of this year . 15 There is a property at the 16 corner of Galena Road and Orchard Road that ' s 17 been empty for quite a while , and there was a 18 proposal to build a commercial property there . 19 This is -- the 16th Court 20 Michael Colwell ruled against that , and I ' m going 21 to give you his reasons . 22 What he said was this : He said 23 that a commercial development would place a 24 significant hardship on the residents of the Depo Court Reporting Service ( 630 ) 983-0030 37 1 neighboring Cherry Hill and Blackberry Trail 2 subdivisions . 3 He said, and I quote, "These 4 residents would suffer from the noise , lighting, 5 traffic , litter, truck deliveries and trash pick 6 up within 20 feet of their homes . 7 Simply because Galena and 8 Orchard are well traveled streets , that does not 9 change the residential character of this area . 10 And, right now, there ' s an 11 awful lot of traffic going in right across the 12 street from me . There is two office buildings up 13 right now, and it ' s my understanding there ' s 14 going to be three more up there . 15 How many more are we going to 16 have? Where is it going to stop? Is it going to 17 stop? 18 I understand the City of 19 Yorkville needs tax revenue . What city or area 20 doesn ' t? 21 But I think a residential area 22 should be a residential area, and in the 23 Comprehensive Plan it was stated that this area 24 is a residential area . Is it now going to be Depo Court Reporting Service ( 630 ) 983-0030 38 1 changed? 2 And, if so, who benefits? Who 3 really benefits ? Thank you for listening to my 4 concerns . Have a good evening . 5 MAYOR PROCHASKA: Thank you . Next? 6 WHEREUPON : 7 PAM STANISLAUS, 8 testified before the Yorkville City Council as 9 follows : 10 MS . STANISLAUS : Hello . My name is 11 Pam Stanislaus . I live at 608 Heartland; 12 however, I can ' t go over there and point to a lot 13 because I don ' t live directly in the bounds of 14 that property; however, a number of my neighbors 15 that live across the street from me do, so I also 16 have some big concerns . 17 I not only have concerns for 18 this particular property, but one of the things 19 that I really looked at was the city ' s own 20 Comprehensive Plan, and the thing that I see is 21 is that this property as proposed, the rezoning, 22 totally conflicts with a number of points that 23 are in this plan . 24 I personally went through this Depo Court Reporting Service ( 630 ) 983-0030 39 1 plan and pulled out a number of points where I 2 thought it conflicted against . 3 There were two objectives in 4 the character environment section that they go 5 against , and I actually have -- I don ' t know if I 6 want to stand up here and read it all again to 7 you, but one of the things that it says , that new 8 developments -- ensure that new developments will 9 be compatible with the existing land uses in 10 terms of use , density, building height, scale and 11 impact to adjacent properties . 12 Well , in my opinion, this will 13 impact the adjacent properties pretty negatively . 14 The other thing in the 15 environment section, it talks about preserving 16 existing trees . If you take a look at what they 17 are planning to do, I know for a fact, and I know 18 that if you look at the pictures that are down 19 here , there is a number of trees all over this 20 property, and there is a number of them that go 21 along the back, also along the side and front of 22 this , so I would question the petitioner what 23 they are planning to do about those trees . 24 And there is a number of other Depo Court Reporting Service ( 630 ) 983-0030 40 1 things within the residential land use 2 classification section . It talks about an 3 important consideration with regards to location 4 criteria for this land use is to ensure that any 5 non-residential uses that are adjacent are as 6 compatible as possible . Higher intensity 7 residential land uses , such as townhomes and 8 apartments , are considered to be compatible 9 between single-family . 10 Obviously that ' s not the case . 11 We are going right from residential to office . 12 I have lived in the Yorkville 13 area for ten years now, recently moved into 14 Heartland about two years ago . We were in 15 unincorporated, moved into Heartland because I 16 loved the area, wanted to come into the city, and 17 I really don ' t want to see this happening . 18 Thanks for your time . 19 MAYOR PROCHASKA: Thank you. 20 Is there someone else that 21 would like to come forward? 22 WHEREUPON : 23 TODD FITZGERALD, 24 testified before the Yorkville City Council as Depo Court Reporting Service ( 630 ) 983-0030 41 1 follows : 2 MR . FITZGERALD : Good evening, 3 ladies and gentlemen . My name is Todd 4 Fitzgerald . I live at 649 Heartland Drive . 5 On this sheet, I am this little 6 guy down there, so I am -- I am not directly 7 behind it, but I am kitty-corner to it . I 8 definitely have a big concern with it going to 9 commercial as B-3 . 10 Just to point out again, the 11 certified letter that Mr . Kramer sent out to all 12 of us did not mention anything about the office 13 on there, so I am -- I kind of feel with that 14 indication, when he first spoke and said okay, 15 B-3 or office, and then now by not really showing 16 us a new proposal, I kind of feel like I ' m having 17 the wool pulled over my eyes , hey, let ' s see if 18 we can' sneak this in, take them off guard, and I 19 kind of feel offended by that . 20 But I would like to add to some 21 of the points that Pam had on the Comprehensive 22 Plan . 23 One major point that I would 24 like to bring up talks about the suburban Depo Court Reporting Service ( 630 ) 983-0030 42 1 neighborhood, talks about the intent . 2 So just to define suburban 3 neighborhood, it ' s gross density between 1 . 5 and 4 2 . 25 dwelling units per acre , and from the 5 description of the intent , it talks about a 6 suburban neighborhood is intended to be a 7 residential area primarily comprised of 8 single-family detached neighborhoods . 9 A suburban neighborhood seeks 10 to preserve existing developed areas at this 11 density and to create new lower density 12 environments characterized by its good 13 neighborhoods and residence of distinctive 14 design . 15 And then it further goes on and 16 says , as with the estate neighborhood, 17 integration of open spaces , particularly along 18 major roadways and at the periphery of each 19 development to transition adjacent areas , is 20 vital to both the character and the development 21 and the identity of the city . 22 And from the proposal that 23 Mr . Kramer has here, we are putting offices and 24 commercial right -- right in single-family Depo Court Reporting Service ( 630 ) 983-0030 43 1 developments ' back yards . 2 That is definitely not in -- in 3 conjunction with what we ' re trying to get out of 4 the Comprehensive Plan or, I should say, the 5 guidelines from the Comprehensive Plan . I mean , 6 guidelines are meant to help Yorkville grow . 7 And also the -- Page 16 of the 8 Comprehensive Plan talks about transitions , and 9 they say transitions -- there should be at 10 least -- with transitions from commercial to 11 residential , there should be -- it has to be 12 either single -- or, I 'm sorry, apartments or 13 townhomes or some sort of higher density 14 residential before you go to commercial . 15 Now, a couple examples of 16 commercial to residential that we have in our 17 neighborhood is across the street we have the 18 office complex and, yes , you can argue that 19 that ' s right next to commercial , but it ' s not 20 really because it has a berm, it has a street 21 buffering between the two, and I think that ' s a 22 big difference when you have a buffer zone like 23 that that ' s wide versus this , where -- I mean, 24 right here we are talking 20 . 2 feet off the back Depo Court Reporting Service ( 630 ) 983-0030 44 1 of Robbin ' s property and 20 . 52 feet off of Joel ' s 2 property, and, I mean, if you look at these -- at 3 these pictures that Robbin had up here , I mean , 4 there is really good -- I mean, we are talking 5 swing sets and trampolines that are -- I mean, 6 would literally be ten, 20 feet off the property 7 line . 8 So, I mean, we are going to 9 have kids playing next to -- next to the back of 10 office buildings , and I don ' t really feel that 11 that ' s -- that that ' s really right . 12 The other thing is I ' m 13 concerned about setting a precedence on McHugh 14 Road . I mean, this is the first property along a 15 stretch of about four lots that ' s right along 16 McHugh Road on the east side going south from 17 Farmstead down to the other -- the other entrance 18 to Heartland subdivision . 19 Once this goes commercial , I 20 mean, that just sets a precedence , hey, we can go 21 commercial for the other three lots , and then -- 22 I mean, it ' s not only going to be two houses 23 affected that ' s going to be looking directly at 24 office buildings , it ' s going to be probably the Depo Court Reporting Service ( 630 ) 983-0030 43 1 whole row, which is probably 10 or 12 . 2 So that ' s my opposition . I am 3 not in favor of any sort of rezoning . I want to 4 keep this residential . I want to make sure that 5 we keep the trees, keep the house there . I mean, 6 everything looks really good . 7 My wife and I moved in November 8 of 2004 . The reason why we chose that house is 9 because we had a nice look out the back yard . I 10 mean, we can see all the way to McHugh Road, it ' s 11 very pleasant . We are looking to start a family 12 and, I mean, I -- this really -- this really 13 bothers me to want to try to raise kids with 14 commercial in my back yard . 15 I mean, we looked at several 16 other places , we looked at Plainfield, we looked 17 at Aurora, and Yorkville, because of -- because 18 of the way it looked with the open spaces , with 19 kind of the very rural community-type atmosphere , 20 but yet it still had commercialization in 21 specific nodes , which is also stated in the 22 Comprehensive Plan . 23 So I appreciate the time for 24 you listening to me this evening and I hope you Depo Court Reporting Service ( 630 ) 983-0030 46 1 guys can make the right decision . I appreciate 2 it . 3 MAYOR PROCHASKA : Thank you . Is 4 there anyone else that would like to come forward 5 and make a comment? 6 WHEREUPON : 7 THERESA JUODIS , 8 testified before the Yorkville City Council as 9 follows : 10 MS . JUODIS : Hello . My name is 11 Theresa Juodis and I live at 627 Heartland Drive , 12 and I am actually Todd and Dawn ' s nextdoor 13 neighbor, a little bit further off the map this 14 way . 15 And I just wanted to reiterate 16 everything my neighbors have said . We are 17 worried obviously about light pollution, noise, 18 crime, the safety of our homes . It doesn ' t 19 obviously match the Comprehensive Plan that the 20 City has for building . 21 I sent emails out to all the 22 aldermen that had emails and I requested that you 23 go out and actually view the property . 24 I think you get a much bigger Depo Court Reporting Service ( 630 ) 983-0030 47 1 impact for how close this is to our homes and to 2 our yards whenever you actually go out and view 3 the property, and I do know that one of you did, 4 and I really do appreciate you taking the time 5 and effort to do that , and I just hope that you 6 maintain that consideration whenever you make 7 your vote to continue or to vote on this property 8 in the future . 9 The fact that they changed from 10 business to office doesn ' t change my mind at all . 11 I do not want anything but residential in my back 12 yard . 13 I purchased my home with the 14 intention of living in a residential area . An 15 office is still going to maintain late hours , 16 there ' s going to be people there during the day 17 coming and going whenever I am not at my home and 18 that doesn ' t make me feel very safe . So I 19 appreciate your consideration . 20 MAYOR PROCHASKA: Thank you . Anyone 21 else? 22 WHEREUPON : 23 RICHARD CORNEK, 24 testified before the Yorkville City Council as Depo Court Reporting Service ( 630 ) 983-0030 48 1 follows : 2 MR . CORNEK : Good evening . 3 MAYOR PROCHASKA : You can leave your 4 coat on the chair if you like . 5 MR . CORNEK : I ' m ready to leave 6 quick. 7 MR . MUNNS : The police station 8 department is right through that door . 9 MR . CORNEK: Good evening . Richard 10 Corner, 944 Homestead in Heartland subdivision . 11 I just want to talk about two things before the 12 Council and the mayor, and there are two words : 13 Value and money . 14 Obviously money is the 15 motivation for rezoning this property . The owner 16 can get in quick, can build his own building, 17 have his own revenue stream coming in with that 18 particular building . There is a lot more 19 opportunities in the City of Yorkville than this . 20 Number two is value . What 21 value -- As you proceed and review this petition 22 from this petitioner, what value is this going to 23 give the City of Yorkville? 24 I say this is an ugly precedent Depo Court Reporting Service ( 630 ) 983-0030 49 1 if you review this and agree to this precedent 2 and petition, and I encourage you, strongly 3 encourage you, to leave it zoned residential . 4 Thank you . 5 MAYOR PROCHASKA : Is there anyone 6 else? 7 WHEREUPON : 8 DAWN FITZGERALD, 9 testified before the Yorkville City Council as 10 follows : 11 MS . FITZGERALD : Hi . I am Dawn 12 Fitzgerald and I live at 649 Heartland Drive , and 13 I wanted to give you an example of how one 14 building or space can influence an entire 15 community like ours . 16 Recently the Black Stone 17 restaurant opened on 34 and McHugh, and we all 18 knew it was going there . Great . 19 Unfortunately it sits about 20 right here . The only opening is right here and 21 there is no divided median, so we ' re getting all 22 of the traffic coming into our neighborhood to do 23 a U-turn down Farmstead to get into the 24 restaurant . Depo Court Reporting Service ( 630 ) 983-0030 50 1 Now, the restaurant has only 2 been open maybe about a month, and I can ' t tell 3 you how many times when I come home from work you 4 have a line of cars just making U turns to get 5 in . That ' s only one thing . 6 I mean, if we start going 7 commercial through here, we ' re going to have to 8 put a stoplight here soon because there is so 9 much traffic coming in and out, and the more we 10 put right on these corners , the more it ' s 11 influencing all of our property . 12 I mean, kids ride their bikes 13 here, we have kids playing here and here . I 14 mean, the more we put there, the more dangerous 15 it is . So thank you . 16 MAYOR PROCHASKA : Okay . Anyone 17 else? 18 (No response ) 19 MAYOR PROCHASKA : Does the 20 petitioner want to respond to any of the 21 discussion? 22 MR . KRAMER: Thank you . Again, this 23 is supposed to be a hearing on the annexation 24 agreement . We have done the public hearing on Depo Court Reporting Service ( 630 ) 983-0030 51 1 zoning . But we certainly are willing to answer 2 many of those questions . 3 In the City Comprehensive Plan, 4 there is a stoplight at the corner of McHugh and 5 Fair -- or the drive going into the subdivision 6 and Route 34 because it is a subcollector for the 7 City . It ' s designed to handle some traffic . 8 We are not going to create all 9 that many trips a day with us . A restaurant 10 certainly creates a lot of trips . 11 We ' ve heard a lot of testimony 12 about people coming at all hours of the day and 13 night . We are over there usually every day of 14 the week at Chicago Title and we are there 15 anywhere from 8 : 00 in the morning until 6 : 30 or 16 7 : 00 at night . Never really had to wait other 17 than maybe two or three cars going at the 18 stoplight or two or three cars coming in . 19 No traffic jams , even when 20 people are picking up or dropping off their kids 21 from the day care in back, and those children 22 play in that neighborhood at day care and nothing 23 untoward has happened . 24 We ' ve got -- Dr . Onishi ' s eye Depo Court Reporting Service ( 630 ) 983-0030 52 1 care clinic is in that very office building 2 across the street . There is absolutely no 3 buffering from that office building facing the 4 street when you go in, and when you look at the 5 pictures down here , you see a nice picture of the 6 yards , and they are . They are very attractive 7 homes . We don ' t plan on doing anything that 8 would change that character one iota . 9 But when you first drive in -- 10 and I had asked the aldermen all to drive into 11 that subdivision -- the first thing you see on 12 the Onishi property right now is a metal storage 13 building right on Heartland Drive . That ' s the 14 very first thing you see . You don ' t see the 15 house . 16 On the south of the property 17 facing the residential , we can leave that tree 18 line in, and that ' s part of the landscape plan . 19 On the west much of the tree 20 line stays , and the building itself would take 21 the place of where the house is now . 22 Are some trees going to get 23 knocked down? Yes . Not the predominant amount 24 on the property . Depo Court Reporting Service ( 630 ) 983-0030 53 1 And under your city ordinance 2 and landscape plan, we will have a heavier buffer 3 after building than it is with the neighbors now . 4 So the reason for the 5 relocation of the building was to put the parking 6 lot on the side that has the least impact for the 7 neighborhood . That sits directly across from 8 Chicago Title, the dance academy and Dr . Onishi ' s 9 current building . 10 We ' ve heard some testimony 11 tonight that you should transition with higher 12 density . I submit if we were standing in front 13 of you asking tonight for 12 units an acre for an 14 apartment building or eight units an acre, we 15 would have many, many more objectors than for an 16 office use . 17 We ' ve got any number of this 18 type of building in the county and in the city . 19 If we look at the very courthouse , Cannonball 20 Drive and John Street , generate over 5 , 000 trips 21 a day, and what do we have on Cannonball Drive 22 and right at the edge of the courthouse property? 23 We have duplexes , we have 24 residential, we have a day care facility with Depo Court Reporting Service ( 630 ) 983-0030 54 1 children playing outside . 2 If there was ever a place you 3 would worry about children playing outside , it 4 would be with the county jail and a criminal 5 population that comes in and out of the 6 courthouse each day . 7 These are normal people, just 8 like you and I , going for eye exams . And part of 9 this is pure suburban zoning in the sense of we 10 always talked as planners and you, as City 11 Council members , and Mike Schoppe, your planner, 12 try to create opportunities to get people out of 13 their cars . 14 We ' ve got a large neighborhood 15 surrounding this that people can walk for eye 16 care . They don ' t have to get in their car . If 17 they have teenage children, they can send them 18 for an eye exam, for contacts, bicycle, walking, 19 without getting in a car . And I submit that ' s 20 very, very healthy for the community . 21 In terms of value , we don ' t 22 think we detract one little bit . Again, to the 23 north you ' ve got older apartments , which are 24 probably unfilled, they ' re under old county Depo Court Reporting Service ( 630 ) 983-0030 55 1 zoning, some of it ' s zoned ag, some of it ' s zoned 2 R-3 . 3 When those get knocked down, 4 you are probably going to have a more intense use 5 to the north . 6 To the west with some of the 7 older homes that sit on the north and south side , 8 I wouldn ' t be surprised with McHugh being a 9 subcollector under your ordinance that you will 10 see some additional office or light uses like 11 this down there . 12 I don' t think they ' ll be 13 commercial uses , and that ' s why we backed off of 14 B-3 zoning and that the annexation agreement 15 that ' s been here at the city for over a month 16 shows purely office use, no B-3 . 17 So, again, it ' s not the popular 18 decision . And I remember maybe three , four years 19 ago we had petitions not with 100 , not with 200 , 20 not with 300 signatures , but with four and 500 21 signatures that said City Council , if you approve 22 Heartland or if you approve Heartland Circle 23 subdivision, we ' re going to have evil people move 24 into town, the town is going to go to the dogs , Depo Court Reporting Service ( 630 ) 983-0030 56 1 and it ' s all going to be ruined . 2 We ' ve got very nice people now 3 living in Heartland, and that will continue with 4 this project . Thank you . 5 MAYOR PROCHASKA: Is there anyone -- 6 You are welcome to comment on that, but I don ' t 7 want to hear just the same thing that we just 8 said . 9 If you have something 10 additional to say based on the petitioner ' s 11 comments, you are welcome to do that . 12 MS . STANISLAUS : I have one . Do I 13 have to say my name again? 14 MAYOR PROCHASKA: Yes , you do . 15 MS . STANISLAUS : My name is Pam 16 Stanislaus . I live at 608 Heartland . The only 17 thing that I would like to say is I don ' t think 18 any of us were standing up here trying to say we 19 would like , you know, a multi-family type 20 environment, seeing something other than 21 non-residential . 22 I think we were just citing in 23 the Comprehensive Plan that it says there should 24 be more of a transition . We were just asking Depo Court Reporting Service ( 630 ) 983-0030 57 1 that you look at that . 2 I don ' t -- I mean, that ' s my 3 only point , is I don ' t think we were saying that 4 we wanted to go towards something like that . 5 Ultimately all of us would like 6 to see this kept residential because our biggest 7 concern is that if that goes , it starts filtering 8 all the way down McHugh Road, and once it goes 9 down McHugh Road further, I believe it ' s going to 10 impact many more residents of the City of 11 Yorkville , not just Heartland . Tanks . 12 MAYOR PROCHASKA: Okay . Anyone 13 else? 14 (No response ) 15 MAYOR PROCHASKA : Are there any 16 comments from the Council at this point? 17 Question? 18 MS . OHARE : Well , that plus maybe a 19 correction . On the November 2nd draft , Page 1 , 20 refers to it as McHugh and Heartland Drive , I 21 believe it ' s McHugh Road and Farmstead Drive, to 22 be corrected . 23 I did live in that area for 24 about 12 years and I think it should stay as Depo Court Reporting Service ( 630 ) 983-0030 58 1 residential . 2 I understand that office -- 3 there is a lot of other office areas in this town 4 that this business can go to . 5 MAYOR PROCHASKA: Anyone have any 6 other comments or questions or --_.on the Council? 7 Mr . WOLFER : I agree with Wanda . I 8 sat in on the Planning Commission, there was a 9 five-one vote against this , and I read the 10 minutes . I think we are changing and getting 11 away from our plan . 12 MAYOR PROCHASKA: Okay . 13 MS . BURD : I have a question . 14 MAYOR PROCHASKA: Yes . 15 MS . BURD: The Comprehensive Plan, 16 does it allow multi-family housing there? Is it 17 a buffer or is it just straight? 18 MR. JAMES : Some is R-3 . 19 MR . WYETH : There is -- Yes , to 20 answer your question . Yes . 21 MR . JAMES : The zoning . 22 MAYOR PROCHASKA: But that ' s R-3 23 currently, and our comp plan, I think it ' s just 24 included in the suburban, which could have Depo Court Reporting Service ( 630 ) 983-0030 I 59 1 townhomes in it , so that -- it would be looked at 2 with that whole area, so we wouldn ' t over-burden 3 that particular area as far as density . It could 4 happen . 5 MS . BURD : Okay . Because my -- my 6 only concern is what we ' ve seen in other areas , 7 for instance , Cannonball and 34 . 8 Originally the residents there 9 were against any kind of multi-family housing use 10 that was going to go on the corner there and they 11 protested and the City Council voted against 12 that , and now, as we become more crowded as a 13 municipality, the higher-end use comes in and now 14 we ' re going to have actually -- we are looking at 15 kind of a commercial use now, which would be 16 worse than what was originally proposed, so my 17 only concern is that the residents are aware of 18 this possibility as you go along . 19 MAYOR PROCHASKA: Would be looking 20 for more intense . 21 MS . BURD : Right , a more intense use 22 because this is really a low impact use in my -- 23 I ' m willing to vote against it because so many of 24 you are not happy with it, but you have to take Depo Court Reporting Service ( 630 ) 983-0030 60 1 into consideration that this property owner is 2 going to do something with this property sometime 3 and it ' s probably not going to stay as a farm 4 house, so I don ' t know, they could come in and 5 tear it down , they could cut down all the trees 6 on the property . 7 They ' re not in the city . They 8 don ' t have to follow us , isn ' t that correct? 9 MAYOR PROCHASKA: Prior to doing 10 anything in the City. 11 MS . BURD : Right , before they annex . 12 Just so you are aware, they could do this , they 13 have a right to, it ' s their property, and it 14 doesn ' t have to conform to any city requirements 15 because it ' s not annexed, so when you talk about 16 how beautiful the trees are and how you like the 17 old farm house, we can ' t save it, that ' s not 18 something that we can do, and I just want 19 everybody to be aware of that, but I 'm very 20 sympathetic to what you are saying and, like I 21 said, there are so many who have these concerns , 22 I would be willing to vote following your wishes . 23 MAYOR PROCHASKA : Okay . Anyone 24 else? Depo Court Reporting Service ( 630 ) 983-0030 61 1 MR. BESCO : Your Honor, I would like 2 to bring up one thing . I find it a little bit 3 ironic , but I happen to remember when Heartland 4 Circle first came to us and their first draft 5 actually had commercial in the middle of the 6 development, so it ' s a little bit of a -- this is 7 on the fringe of the development, and I 8 understand the hardships that it would place on 9 people, and I understand the sight isn ' t always 10 pleasant, I wasn ' t happy when I got a cell tower 11 in my back yard, and I have a lot of mixed 12 feelings about the way the development with 13 commercial or business or office would fit on 14 this site . 15 I 'm kind of undecided at this 16 point . 17 MAYOR PROCHASKA : Well, just -- I 18 just want to make a point here just so we are all 19 aware because we talked about the R-3 . County 20 R-3 is single-family, city R-3 is townhomes , just 21 so we make that clear it is single-family at this 22 point in time . 23 I think points were very well 24 made in all cases . There is certainly concerns Depo Court Reporting Service ( 630 ) 983-0030 62 1 that we want to address, the Council is made 2 aware that we will address the concerns of the 3 people of Yorkville , but then again, one of the 4 things we have to be aware of is that as it sits 5 right now, the city has no control of what would 6 happen to the property . That was very well 7 stated . 8 Are there any other comments? 9 (No response ) 10 MAYOR PROCHASKA: Then with that, I 11 would entertain a motion to close this public 12 hearing . 13 MR . LESLIE : So moved . 14 MS . BURD : Second . 15 MAYOR PROCHASKA: So moved and 16 seconded . May I have roll call , please? 17 MS . MILSCHEWSKI : Burd . 18 MS . BURD : Aye . 19 MS . MILSCHEWSKI : James . 20 MR . JAMES : Aye . 21 MS . MILSCHEWSKI : Leslie . 22 MR . LESLIE : Aye . 23 MS . MILSCHEWSKI : Munns . 24 MR . MUNNS : Aye . Depo Court Reporting Service ( 630 ) 983-0030 63 1 MS . MILSCHEWSKI : Ohare . 2 MS . OHARE : Aye . 3 MS . MILSCHEWSKI : Wolfer . 4 MR. WOLFER : Aye . 5 MS . MILSCHEWSKI : Besco . 6 MR. BESCO : Aye . 7 MAYOR PROCHASKA : Motion is carried . 8 (Which were all the 9 proceedings had in 10 the public hearing 11 portion of the 12 meeting . ) 13 ---000--- 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 64 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business-in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this/ tit— day of 16 --- �(�_/�L � 2006 . 17 V 18 19 HRISTINE M. VITOSH, C . S . R . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville Plan Commission Multi-Page" & - MS December 14, 2005 always[i] 7:10 color[11 5:21 far[z] 5:16 8:20 John[21 2:16 6:13 -&- Ament[1] 4:2 commercial[a] 5:20 7:8 Farm[i] 1:9 JONES[11 2:10 &[i] 2:14 ANNE[i] 2:5 7:9,19 favor[z] 3:10 10:23 JUSTIN 111 2:16 annexation 161 3:195:13 commissions] 1:14:5 fed[1] 5:22 _ 6:4 8:6 9:21,23 4:13,22 10:15 Fifth[i1 2:14 -K- -� a eared[il2:16 comp[i17:24 084-002883 m 12:21 pp filed 1z] 3:17 8:5 Kendall g] 3:19,21 4:3 application[11 3:18 comprehensive t31 518 fine[1] 9:18 4:3 approaching aching[11 8:6 first[z] 4:21 12:4 kick[1] 9:22 -1- arbitrarily[1] 9:8 concept[[] 7:6 flex[21 8:7 9:20 Kleinwachter[z] 3:16 1107A[1] 51 toners[z] 10:3,10 assign[1] 8:11 4:22 1]flip 7:7 5:3 connecting[1] 6:17 fl p1 Kleinwachters[ 8:4 attorney[z] 4:24 9:24 follows[1] 4:22 consists[z] 3:24 5:8 -2- audience[1] 10:3 foregoing[z] 12:9,10 Kramer[6] 4:18,20,23 200[1l 5:22 availability[1] 6:9 foreseeable[1] 815 Consulting[1] 6:14 4:24 8:24 10:7 2005[11 1:9 available[1] 6:15 contains[1] 12:12 forward[1] 7:22 KRAUPNER[il 2:7 12:11 2005-52[1] 3:15 Avenue[q correct[1l 2:14 ounty[s7 3:19,21 4:3 frame[z] 8:23 9:22 c -L- 2006[11 12:16 away[1] 7:20 ou 12:2 frankly[1] 7:5 aye[21 3:10 10:23 frin a[1l 8:1 land p] 6:20 -3- Ayes C21 3:11 10:24 CROUCH[z] 2:8 3:6 front[a] 5:19 7:15 CSRp] 12:21 Lane[1] 5:8 300[21 2:14 5:23 cut[17 9:8 frontage[1] 7:10 LASALLE Ul 12:2 355-1458[1] 2:15 -B- future[1l 815 last[1] 10:8 380[11 214 B-3[a] 3:22 5:20 8:9 9:21 -D- law[11 5:1 back-up[1] 8:11 -G- leading[11 5:11 D-779805[1] 1:21 Legion[1l 4:2 -4- Bank[1] 3:17 Dan[21 4:16,23 Game[1] 1:9 400[1] 5:23 bare p] 5:13 DANIEL[11 4:20 gee[1] 9:7 License[11 12:21 47[41 4:1 5:8 6:5,17 behalf[1] 216 DAVIS[1] 2:6 generates[1] 7:11 licensed[1] 4:24 behind[1] 5:3 GIPE 212 likely[11 7:21 Decemberpl 1:8 [1l Lindblomp5l 2:2 3:4,9 -6_ BILL[1] 2:6 design[3] 7:6 8:19,20 God[1] 7:14 Bonnie[1] 5:8 good[z] 5:14 7:11 3:12,11 ,22 1: 10:1,5,9 60563[1l 215 boring[11 617 develop[z] 7:5,19 g 10:12,18,22 17:1,3 630[1] 2:15 break[1] t6:s development[z] 6:11 line[1] 8:2 9:3 -H- located[21 4:1 5:5 -7- Brian[21 2:9 9:1 DINA p] 212 hand 12] 4:14 12:15 look[11 6:3 Bridge[1] 5:1 discuss[1l 10:14 hard[1l 10:8 looking[1] 6:10 7:00[1l 1:9 BROMBEREK[1] discussed[1] 8:4 hearing[9] 3:5,15 4:9 lots[z] 811 9:17 2:14 discussion[1] 10:20 8:16 10:12,14,19,22 11:7 -8- build[1] 71 low[z] 7:2,15 800[1] 1:9 buildings[z] 7:8,9 district[31 3:22,23 7:12 HEITZ[1] 2:11 LUCH:TTO[3] z:5 3:8 800[ ] 9 business[a] 3729 8:14 done[1] 91 Herb[41 315 61,20 718 1016 9:13 12:6 down[3] 612 8:16 9:16 hereunto g] 12:14 -9- drawing[z] 5:12,21 Hey[1] 10:7 -M- driveway[1] 5:10 HOLDIMAN[z1 2:3 M[31 1:8 12:4,20 9.81 [z] 4:1 5:9 -C- drop 1 3:7 [ 1 8:16 magic g] 5:22 C[1] 2:13 dul y 421[z1 12:4 hook-up[1] 6:15 -A- C.S.R[z] 1:812:20 hour[1] 1:9 management[1] 7:8 matter[1] 1:7 A-1 [1] 3:21 care[31 6:247:1,20 -E- house[21 5:11,16 may[2] 7:159:7 above-entitled p certainly[1] 7:11 ] 1:7 E[al 21,1,13,13 mean[1] 7:4 Certified[1] 12:5 -I- acres[z] 4:1 5:9 east[3] 2:14 6:5 9:12 measure[17 810 rm Chaian[14] 2:2 3:4,9 idea[1] 6:2 meet actively[1] 6:23 3:12,14 4:16 10:1,5,9,12 easy[1] 10:6 [11 8:18 activity[1] 6:4 10:18,22 11:1,3 end[z] 5:16 7:15 Illinois[91 1:2,10 2:15 meeting[6] 1:1,6 8:12 ADAMS[1] 2:4 CHARLES[1] 2:7 engineer[11 6:14 2:17 3:19 4:3 5:2 12:1,7 11:9 12:9,13 address[z] 4:12 5:1 Chorus[21 3:11 10:24 Engineering immediate[1] 6:22 members[1] 4:5 gi ring 7: 7:18 Inland[1] 91 adjourn[z] 1013,19 CHRISTINE[3] 1:8 engineers[1] 7:17 MICHAEL[1] 2:8 aerial[2] 4:6 5:6 12:4,20 evening g] 5:4 involved[1] 6:23 MIKE[i] 2:11 aforesaid[11 12:12 city[1s] 1:2,10 2:17 3:18 event[1] 6:7 issue Pl 315 mile-and-a-half[1] 6:6 again[7] 5:20 7:20 8:18 3:20,215:18 6:7 7:11,13 exhibit[1] 5:7 item[1] 4:6 most[z] 7:10,12 9:3,6,11,90 8:7,13,19,20 9:24 motion[3] 3:5 10:13 11:3 agenda[1] 4:6 CLARENCE[1] 2:3 -F- -J- moved[6] 3:6,7,9 7:21 agreement[2] 8:6 9:23 clear[1] 6:21 J[1] 4:20 10:16,18 Agricultural[1] 3:21 clearly[i] 4:10 facility[1] 7:1 MS[s7 2:4,5,12 3:8 10:16 clever[1] 81 fair[1] 9:5 JACK[1l 2:10 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 Yorkville Plan Commission Multi-Page' municipal - zoning December 14, 2005 municipal[1] 6:9 public[9] 3:5,15 4:9 8:15 seven[1] 9:4 3:20,21 MUNNS[1l 10:17 10:14,19 11:7 12:9,13 seven-year[il 9:2 up[2] 5:11 9:17 put[3] 7:9,14 10:7 sewer[3] 6:15 8:21,21 utilities[1l 8:19 -N- shorthand p] 12:6,8,11 utility[1] 6:9 N[2] 2:1,13 _Q show[1] 4:8 Naperville[1] 2:15 questions[2] 10:2,9 showing[21 5:23 8:10 _V_ National[1] 3:16 quite[1] 6:24 shows[1] 5:19 valuable[1] 7:10 need[1] 9:16 side[3] 5:7 6:5 9:12 variances[1] 8:12 needs L21 6:22 8:14 -R- sides[1] 5:15 vision[1] 6:21 night[i] 10:8 R[2] 2:1,13 Signify[21 3:1010:23 VITOSH[3] 1:812:4,20 none[2] 10:13,22 R-2[s] 3:22 8:12,16 9:9 single-family[il 8:12 north[2] 4:2 6:18 9:22 Site[1] 5:12 _W_ notes[1] 12:11 raise[2] 4:13,13 sits[2] 5:11,16 water[2] 6:16 8:20 nothing[11 9:4 real[4] 3:24 5:20 6:21 sitting[1] 6:13 Weisman-Hughes[21 noticed[i] 4:10 10:8 six[21 9:2,4 6:4,19 now[2] 3:14 9:9 really[21 6:10 7:7 Smith[i] 7:17 west[2] 5:7,16 rearp] 5:11 Sometime[il 6:24 WHEREOF[1] 12:14 recommendation pl south[s] 4:2 5:1,8 6:18 whole 131 5:15 8:9 9:21 9:20 721 window Ell 9:2 oath[2] 4:5 12:5 record[1] 4:23 Southerly p] 7:2 wish[21 7:4,7 Off[2] 8:10 10:6 referred g] 5:6 ss[1] 12:1 W1SheS[1] 4:12 Old p7 3:16 repeat[1] 4:14 Stand[1] 4:13 without[1] 8:15 one[1] 7:19 REPORT[1] 1:6 standard[2] 8:19,20 WITNESS[1] 12:14 One-Family[j] 3:23 reported[2] 3:3 12:8 State[2] 12:1,6 Witnesses[1] 4:15 opportunity[1] 9:13 Reporter[1] 12:6 stay[1] 7:16 words[1] 8:8 Opposed[21 3:1211:1 represent[1] 5:2 storm[1] 8:20 ought[1] 6:10 requesting[1] 3:19 stormwaterp] 7:7 Wyeth[3] 2:14,166:12 Outside[1] 6:14 requirements[1] 8:13 Street[1] 5:1 Residence t1] 3:23 suggest[1l 815 _Y residential[21 5:24 9:12 Suite[1] 2:14 year p] 9:3 P[3] 2:1,13,13 response[s] 3:13 10:4 survey[p 5:13 years pl 9:3 p.m[r] 1:9 10:11,2111:2 Sworn p] 4:15,21 12:5 yell p] 9:11 Pam[6] 3:165:36:1,21 reviewpl 6:6 yet[1] 7:6 6:23 7:18 rezoning[1] 3:20 _T_ Yorkville[1o] 1:2,10 parcel[2] 8:9 9:21 right[5] 4:14 5:4 7:20 9:8 2:17 3:18,20,22 4:22 5:2 passes[1] 11:3 9:9 T[1] 2:1 6:7,10 past pl 8:24 road[s] 1:10 4:2,2 8:18 taxes[11 7:12 PC[i] 3:15 9:16 terms 12] 6:20 9:3 -Z- petition[11 8:5 room p] 5:15 testified pl 4:21 zone[1] 8:9 petitioners[2] 3:17 5:3 Route p] 4:15:8 6:17 Thank p] 4:16 zoning[41 6:3 8:7 9:20 photo[21 4:7,8 thought[1] 8:3 9:21 pick[1] 9:22 - -S- thoughts p] 9:7 place[il 8:17 S L2] 2:1,13 through[2] 6:6 7:23 plan[3] 1:1 4:5,22 5:19 SANDRA[1] 2:4 TOM[1] 2:2 5:22,24 7:24 sanitary[2] 6:15 8:21 tonight[3] 4:6 9:7 10:6 plat p] 5:13 sat[1] 6:12 Township[1] 4:3 platted[2] 7:6 9:17 says L1] 12:5 transcript[1] 12:11 point pl 7:2 SCHILLINGER[2] true[il 12:10 points[1] 7:15 2:9 822 Trust[1l 3:17 portion[1] 11:8 school[1] 7:12 turns p] 5:23 possible[1] 6:16 - SCHOPPE[1] 2:11 two[2] 8:119:3 practice[1] 4:24 scream p] 9:11 type[1] 8:22 precise[1] 5:20 second[4] 3:8,16 4:6 preserve[i] 9:14 10:17 _U_ proceedings[s] 1:6 3:1 Seconded[2] 3:10 10:19 under[21 5:18 6:17 11:6 12:9,13 see[3] 5:15 6:14 7:1 underlying pl 8:11 properties[1] 7:24 Service[1] 3:22 Unfortunately[1] 7:14 property[a] 3:24 4:9 5:5 services[2] 6:9,18 United[s] 1:2 2:16 3:18 5:12,17,19 6:19 7:3 set 12j 9:17 12:14 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL RAFT OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN S HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY,JANUARY 10,2006m Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward James Present Leslie Absent Ward B Bard Present Wolfer Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milscbewski,City Treasurer Powell,Interim City Administrator Crois, City Attorney Wyeth,Police Chief Martin,Finance Director Pleckham,Director of Public Works Dimas and City Intern/Deputy Clerk Olson. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,February 6,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,January 19,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,February 2,2006 City of Yorkville Conference Room 900 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,January 12,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS Commendation-Officer Steve Bone Mayor Prochaska and Chief Martin presented Officer Steve Bone with a commendation for performance above and beyond the call of duty for his role in finding and reporting a structural fire at a local business while on duty August 24,2005. His quick action contained the fire;saving the attached businesses from being engulfed in flames. Commendation-Officer Patrick McMahon Mayor Prochaska and Chief Martin presented Officer Patrick McMahon with a commendation for investigating a motor vehicle theft on November 15,2005 which resulted in the identification and arrest of a suspect for possession of a stolen motor vehicle. Commendation-Sergeant Richard Hart Mayor Prochaska and Chief Martin presented Sergeant Richard Hart with a commendation for his deployment with the ILEAS Special Response Team—Region 3 to the State of Louisiana from The Minutes of the Reeular Meetine of the City Council—January 10.2006—naee 2 September 3,2005 to September 19,2005 in order to assist with hurricane Katrina disaster. Chief Martin explained that Sergeant Hart put in over 200 hours working 16 or more hours per day while assisting the hurricane relief effort. He stated that the commander of Louisiana State Police thanked Region 3 for sending such a good team. Appreciation Plaque—Citizens Police Academy Alumni Association Mayor Prochaska explained the work of the Citizens Police Academy Association and the alumni group. He and Chief Martin presented the Citizens Police Academy Association Alumni with a plaque in order to thank them for all their assistance and their dedication to making the United City of Yorkville a safe community. He stated that he had a job for the CPAA;the plaque needs a picture. He asked that they get a photograph of all the alumni so the plaque can be displayed in City Hall. PUBLIC HEARINGS Tanglewood Development Corporation-Evergreen Farm Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Tanglewood Development Corporation and Evergreen Farm Estates,LLC,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 48.8 acres at the northwest and southeast corners of Fox Road and Pavillion Road,Kendall Township,Kendall County, Illinois.So moved by Alderman Ohare;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to continue the public hearing until the January 10,2006 City Council meeting. So moved by Alderman Burd;seconded by Alderman Ohme. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Midwest Development Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Midwest Development,LLC request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 102.75 acres on Fax Road east of High Point Road,Kendall Township,Kendall County,Illinois.So moved by Alderman Wolfer;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Spears-aye,Munns-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to continue the public hearing until the January 10,2006 City Council meeting. So moved by Alderman Ohare;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Besco-aye,Wolfer-aye James-aye,Ohare-aye,Burd-aye,Spears-aye CITIZEN COMMENTS Rezoning Inquiry Idenm Austin,712 N.Bridge Street,addressed the City Council. She stated that she was surprised to read in the Record Newspaper that the City Council approved the rezoning for 708- 710 North Bridge Street from R-3 Residential to B-1 Limited Business District in order to accommodate the operation of an insurance agency. She stated that she asked to see the minutes of the December 27,2005 meeting where the approval took place however she was told the minutes were not available. She inquired about the procedure that the City uses to rezone Property. Mayor Prochaska explained that the owner of the property is required to file a petition requesting rezoning. When this is filed,a public hearing is scheduled to be held before the Plan The Minutes of the Regular Meeting of the City Council—January 10.2006—page 3 Commission. After the public hearing,the Plan Commission makes a recommendation to the City Council regarding the rezoning. The matter is discussed by the City Council at an Economic Development Committee meeting,Committee of the Whole(COW)meeting and finally at a City Council meeting where it is voted on. Ms.Austin stated that she was notified of the rezoning and attended the November 9,2005 Plan Commission meeting where she objected to it and the Plan Commission voted against the recommendation of the rezoning. She asked if the city is required to send further notice of the rezoning to neighboring residences. Attorney Wyeth explained to Ms.Austin that the notice she received is the only notice that is sent. He stated that her attendance at the public hearing was well noted and documented. This information was presented to the Economic Development Committee where the issue she raised of spot zoning was discussed. Legal research was done and the issue was analyzed however it - was determined that spot zoning was not the case with this property. The Economic Development Committee brought their positive recommendation to the COW and it was determined to vote on the matter. Ms.Austin asked if all the facts in regards to the property were discovered before it was presented to the City for rezoning. Attorney Wyeth stated that sufficient facts were discovered in order to make the City Council aware of the issues upon which they voted. Ms.Austin asked the City Council if they were aware that there is a covenant on the property in question and two adjoining properties. This covenant affects her and the owner of the property on the other side of the rezoned properly. Attorney Wyeth stated he did not recall my discussion regarding a covenant. He further explained that she may have a personal,private land use issue with her neighbor due to the covenant and that private land use issues do not come before the City in a rezoning case. Ms.Austin stated that she had no way of knowing that this issue was coming before the City Council. Attorney Wyeth explained that residents in the area were sent a notice of the public hearing at the Plan Commission and after that it is their responsibility to follow the issue through the system. He noted that meeting agendas are posted at City Hall and on the interact. Ms. Austin stated that this procedure is something the general public should know. She noted that this has been a difficult and stressful situation for her and she was disappointed that there is not a better way to keeping people apprised of the situation. Alderman Spears commented that before she voted on the rezoning,she asked if any of the adjoining property owners has any issues with the rezoning and she was told that the only issue was parking and this was resolved. After the meeting,she received a call from Ms.Austin asking about the spot zoning or any of the other information discussed at the Plan Commission. Alderman Spears indicated she was not aware of this information. She stated that she was not told the full story. Attorney Greg Ingemunson the attorney for the rezoning was in the audience and commented that spot zoning and parking issues were.discussed at the Plan Commission and he agreed with Attorney Wyeth that these issues were resolved. He stated that this is the first he has heard about any covenant. He stated he would discuss this further with Ms.Austin. Attorney Wyeth commented that he and Attorney Ingemunson conducted legal research regarding the spot zoning issue and noted that when the rezoning came before the City Council for a vote, spot zoning was no longer an issue. He explained that there are several similarly zoned parcels in the vicinity of this property. Yes! Yes!For Yorkvi le's Kids Shawn Schumacher,502 Heustis Street and Clayton Marker of 564 Heartland Drive addressed the City Council and asked for their support for the March 21,2006 Yorkville Community Unit School District(CUSD)#115 referenda. They presented a power point presentation on the"Yes! Yes!For Yorkville's Kids"which outlined wiry the referenda need to pass(see attached). After the presentation,Mr.Schumacher asked for the City Council's support by voting for a resolution of support. Alderman James asked what the increase per home or per family would be. Mr.Schumacher explained that within the next week or two,the committee's website will have comparison charts that will show how the increase will affect homeowners. He stated that this question has been asked quite often of the committ ee so they are in the process of compiling the information. Dr. Engler,Superintendent of CUSD#115,commented that the$.63 increase in the Education Fund for a$250,000.00 home would be approximately$450.00 to$470.00 per year. The increase for the Building Fund would be approximately$50.00 to$100.00 per home. He felt that the The Minutes of the Regular Meeting of the City Council—January 10.2006—page 4 maximum would be around$500.00 per home. Dr.Engler then explained that because the tax rate is dropping the maximum amount probably wouldn't be collected. He further explained how the tax cap affects the Education Fund. Alderman James clarified that if both referenda pass; approximately$500.00 extra per year per home would staff the new school in Grande Reserve . and build three more schools. Dr.Engler stated that even with both referenda passing District #115 tax rate would be the next lowest school district in the county;other districts in the county have a higher tax rate than CUSD#115. CONSENT AGENDA 1. Building Permit Report for October 2005(EDC 2005-08) 2. Rob Roy Creek Interceptor(East.Branch Contract Nos.I and 2)—Construction Inspection Contract—award to Walter E.Deuchler Associates in an amount not to exceed$165,000.00 and authorize the Mayor and City Clerk to execute(PW 2006-01) 3. Rob Roy Creek Interceptor(East Branch Contract Nos.I and 2)—Construction Contracts concur with Centex Hontes to award East Branch Contract 91 to Pirtano Construction in an amount not to exceed$1,449,964.50 mid to award East Branch Contract 41 to Pirtarno Construction in an amount not to exceed$913,330.00(PW 2006-02) 4. Resolution 2006-01—IDOT Highway Permit and Resolution-Rob Roy Creek Interceptor(Contract No.6)-authorize the Mayor and City Clerk to execute(PW 2006- 03) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman James;seconded by Alderman Bard. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Mums-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINU'T'ES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 29,2005 totaling the following amounts:checks in the amount of $1,141,645.33(vendors);$167,576.34(payroll period ending 12/24/05);for a total of $1,309,221.67 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Mums-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Resolution 2006-04 Support of CUSD#115's March 21,2006 School Referenda Mayor Prochaska moved Item#5 under his report up and asked Alderman Burd to read the Resolution of Support as she asked that it be placed on the agenda for consideration. Alderman Bard read the resolution(see attached)and made a motion to approve a Resolution of Support of Community School District#115's March 21,2006 school referenda;seconded by Alderman James. Alderman Spears thanked Mr.Schumacher,Mr.Marker and Alderman Bard for their work that they did on the presentation. She noted that Mr.Schumacher cited alarming statistics regarding rapid growth in the United City of Yorkville.She stated that about two years ago some of the City Council recognized the residential and population growth. She stated that she asked the Council to consider a residential moratorium at that time.She commented that the School Board President was in attendance at the meeting when she suggested this and he objected to her proposal stating it was the worse thing the City Council could consider. She explained that she bas mixed feelings regarding the referenda. She further explained that she had a child attend the Yorkville schools and she felt the teachers are outstanding. She stated that unless something is done about growth, the problems will continue. The Minutes of the Regular Meeting of the City Council—January 10.2006—page 5 Alderman Burd stated that it can be debated whether or not to have a moratorium however the problem is that growth is here now and it needs to be addressed and the children attending the schools now need to be taken care o£ She stated that she felt that even before the current growth, the School District was in trouble because of tax caps and state funding.She explained that if not another new child moved into the district,the referenda still need to be passed because there is a deficit now. She noted that this has been an ongoing problem;she was on a committee eighteen years ago which was trying to get a new high school built She stated that while the district has wonderful teachers,its schools are at a lower level than other nearby communities. She felt that the children in Yorkville are entitled to better schools. She stated that she is 100%behind the referenda and has no qualms in recommending this to the residents. Alderman Besco stated that he personally felt that this was not a matter the City Council should be supporting;they should stay neutral in the matter. He felt that a resolution was not in the best interest of the City Council. Alderman Munns stated that he has children attending school in the district however he has mixed emotions over the matter. He has received telephone calls from people on fixed incomes who can't afford even$50.00/month more. He stated that he hasn't made up his mind to support the referenda because he isn't sure how he really feels or how residents in his ward feel about them. He stated that he realizes there is a need for the funding but questioned if residents can afford it and he agreed with Alderman Besco. Mayor Prochaska commented that be also has children in the School District,he has seen the district struggle with the growth and that he has seen several City Councils try to deal with the issue. He stated that be felt the city government has tried as best as possible to offset the cost of growth. He noted that the School District is 88 square miles and there are four or five communities in CUSD#115 that are growing;not just Yorkville. He also noted that the presentation stated that new homes are contributing$3,000.00/home to the School District however that is only a minimum. He pointed out that the new developments discussed earlier in the public hearings are contributing$7,400.00/home and$7,800.001home to the School District. He stated that the City does consider the schools when annexation agreements are negotiated. He also noted that the growth is not only in Yorkville but also in neighboring communities who are in the district. He stated that the troubling question is how to fund the schools and referenda are the way the law allows. He suggested that citizens call their state legislators and the governor asking for a change in school funding. He stated that the schools are our future and if residents want to keep a quality of life in the community,they need to support the schools. He expressed his support for what the School District is trying to do. Motion approved by a roll call vote. Ayes-3 Nays-0 Present-4 Burd-aye,Spears-present,Munns-present,Besco-present, Wolfer-present,James-aye,Ohm-aye Amending City Code Title 2 Adding a New Chapter 9 Regarding Formation of a Senior Advisory Commission (COW 2005-04) Mayor Prochaska entertained a motion to approve an ordinance amending City Code Title 2 by adding a new Chapter 9 forming a Senior Advisory Commission City as presented subject to final legal review,and subject to the status of the Commission being reviewed by the City Council in the month of January 2007. So moved by Alderman Spears;seconded by Alderman Mums. Motion defeated by a roll call vote. Ayes-3 Nays-4 Wolfer-nay,James-nay,Ohare-nay,Burd-aye,Spears-aye,Munns-aye,Besco-nay Ordinance 2006-01 Amending City Code Title 1—Administration,Chapter 6- Municipal Officers and Employees New Article"D°City Administrator Regarding City Administrator Ordinance (COW 2005-02) Mayor Prochaska entertained a motion to approve an ordinance Amending City Code Title I— Administration,Chapter 6 Municipal Officers and Employees by adding a new Article"D",City Administrator as presented subject to final legal review. So moved by Alderman lames; seconded by Alderman Ohm e. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Ohare-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye The Minutes of the Rezular Meatier of the City Council—January 10.2006—Daze 6 Resolution 2006-02 Establishing the Job Description for the Position of City Administrator (ADM 2005-23) Mayor Prochaska entertained a motion to approve a resolution establishing thejob description for the position of City Administrator as presented subject to final legal review.So moved by Alderman Ohare;seconded by Alderman James. Attorney Wyeth noted that the City Council received copies of the final version of the resolution as well as a"red-lined"copy and that there has been a deletion on page 2 regarding background investigations. Attorney Wyeth conferred with Labor Attorney Bob Smith and Attorney Smith indicated that he preferred that this be part of the hiving process and not thejob description. Alderman Burd asked if thejob description indicates that the City will enter into a contract with the City Administrator. Mayor Prochaska stated that it did not and explained that a contract would be negotiated at the City Council's pleasure. Alderman Burd commented that she was glad that thejob functions point out that this employee reports to the Mayor and City Council because it is important for the new City Administrator to understand his/her relationship with the City Council She stated that this is a key position in helping the City Council understand the ins and outs of City government. This position needs to use their background and qualifications to help the City Council make their decisions. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Ohare-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye,Munns-eye Resolution 2006-03 Accepting Final Report for Yas Downtown Vision Plan& Municipal Facilities Plan Mayor Prochaska entertained a motion to a resolution accepting the final report from Yas Architecture,titled Downtown Master Vision Plan and Municipal Facilities Plan,updated December 13,2005,as presented. So moved by Alderman Munns;seconded by Alderman Beano. Alderman Burd asked if this report had anything to do with the Tax Increment Financing District and Attorney Wyeth stated it did not. She commented that she was excited about the plan and that it was fun to see businesses and residents come together in support of the concept. She felt that the downtown will become an exciting focus for the community. Mayor Prochaska commented that this is the first step in the redevelopment of the downtown and he felt that the City is going down the right path by looking at municipal facilities. Alderman James stated that he like the downtown plan that was presented and felt that if it was followed;it would give Yorkville a nice downtown area. Mayor Prochaska thanked the members of the community who took the time to participate in the focus meetings. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohara-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye,Wolfer-aye,James-aye Committee of the Whole Packets Mayor Prochaska reported that due to the Martin Luther King,Jr.holiday,Committee of the Whole packets will be distributed on Thursday,January 12,2006. Big Brothers/Big Sister Bowl-a-thon Mayor Prochaska reported that the annual Big Brothers/Big Brothers Bowl-a-thon is being held on February 25,2006. He stated that he has entered a team from Yorkville and anyone interested in joining him in bowling should contact him. CrrY COUNCIL REPORT No report. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth reported that he distributed the latest version of the Robert's Rule update(see attached). He explained that page one of the guide was a recap of the items already discussed and that Incidental Motions and Motions to Bring a Question before the Body Again would be the next categories discussed at future meetings. CITY CLERK'S REPORT No report. The Minutes of the Regular Meetine of the City Council—January 10.2006—page 7 CITY TREASURER'S REPORT No report. CITY ADAWaSTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMfTTEE REPORT No report ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006-02 Laniosz Property Authorizing the Execution of the Annexation Agreement. (PC 2005-43) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Hinsbrook Bank Trust#03-008,legal owner of property commonly referred to as the Laniosz Commercial property on Route 71,and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Munns-aye,Besco-aye,Wolfer-aye,James-aye,Ohm-aye,Burd-aye Ordinance 2006-03 Laniosz Property-Annexation A motion was made by Alderman Munns to approve an ordinance annexing certain property,in furtherance of an Annexation Agreement with Hinsbrook Bank Trust#03-008,legal owner of property commonly referred to as the Laniosz Commercial property on Route 71,as presented, and authorize the Mayor and City Clerk to execute all documents upon fmal legal review, seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye,Besco-aye,Wolfer-aye,James-eye,Ohm-aye,Burd-aye,Spears-aye Ordinance 2006-04 Laniosz Property-Rezoning A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement with Hinsbrook Bank Trust 903-008,legal owner of property commonly referred to as the Laniosz Commercial property on Route 71,as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Ohare-aye,Bard-aye,Spears-aye,Mums-aye PUBLIC SAFETY COMMITTEE REPORT - No report. ADMINISTRATION COMMfIEE REPORT No report. The Mints of the ReaularmeetinE of the City Council—Jan nary 30,2006—page 8 ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Spears;seconded by Alderman Bard. Motion approved by a viva voce vote. Meeting adjourned at 8:55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on January 10 , 2006 , at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville , Illinois . REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES , Alderman; 4 MS . VALERIE BURD, Alderman; 5 MR. DEAN WOLFER, Alderman; 6 MR. MARTY MUNNS , Alderman-; 7 MS . WANDA OHARE, Alderman ; 8 MR . JOSEPH BESCO, Alderman; 9 MS . ROSE ANN SPEARS , Alderwoman; 10 MR . JOHN CROIS , City Administrator; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk. 12 13 A P P E A R A N C E S : 14 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue, Suite 380 15 Naperville, Illinois 60563 BY : MR . JOHN JUSTIN WYETH, 16 appeared on behalf of the United City of Yorkville, Illinois . 17 18 - - - - - 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : Next on the agenda 3 this evening we do have two public hearings . At 4 this time I would entertain a motion to go into 5 public hearing for the purposes of discussing 6 Tanglewood Development Corporation and Evergreen 7 Farm Estates , LLC request to annex to the United 8 City of Yorkville and rezone from Kendall County 9 A-1 Agricultural to United City of Yorkville R-2 10 One-Family Residence District and for hearing as 11 to the annexation agreement of petitioner . 12 The real property consists of 13 approximately 48 . 8 acres at the northeast and 14 southeast corners of Fox Road and Pavillion Road, 15 Kendall Township , Kendall County, Illinois . 16 MS . OHARE : Moved . 17 MR . WOLFER: Second . 18 MAYOR PROCHASKA : Moved and 19 seconded . May I have roll call, please? 20 MS . MILSCHEWSKI : Besco . 21 MR. BESCO : Aye . 22 MS . MILSCHEWSKI : Burd . 23 MS . BURD : Aye . 24 MS . MILSCHEWSKI : James . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MR. JAMES : Aye . 2 MS . MILSCHEWSKI : Munns . 3 MR . MUNNS : Aye . 4 MS . MILSCHEWSKI : Ohare . 5 MS . OHARE : Aye . 6 MS . MILSCHEWSKI : Spears . 7 MS . SPEARS : Aye . 8 MS . MILSCHEWSKI : Wolfer . 9 MR. WOLFER : Aye . 10 MAYOR PROCHASKA: Motion is carried . 11 We are now in public hearing . Is there someone 12 here representing the petitioner? 13 WHEREUPON : 14 BOB NELSON, 15 testified before the Yorkville City Council as 16 follows : 17 MR. NELSON : Good evening . My name 18 is Bob Nelson . I am the president of Tanglewood 19 Development Corporation, LaFox, Illinois . 20 I am here tonight to talk about 21 a 49-acre project we have at the corner of Fox 22 Road and Pavillion . We are calling it Evergreen 23 Farm Estates and we are asking for a change in 24 zoning from agriculture to R-2 . Depo Court Reporting Service ( 630 ) 983-0030 5 1 You can see with the yellow 2 area there, the outline , the Fox bisects the 3 property, and the property is bounded on the 4 front by the train tracks . Just go to the next 5 one . 6 We made a number of changes to 7 the plan over the last few months ; this is the 8 latest variation . 9 As you can see, there are 10 roughly 76 -- there are 76 lots , they are 12 , 000 11 square foot minimum, and the plan includes the 12 50-foot buffers that are requested along Fox Road 13 and Pavillion, and has additional road stubs to 14 connect to possible future development areas . 15 MAYOR PROCHASKA : Okay . Is there 16 anybody here that would like to -- I guess I ' ll 17 ask you, are you done? 18 MR. NELSON : Unless there are any 19 questions . 20 MAYOR PROCHASKA : Would anybody like 21 to pose questions or give testimony to the City 22 Council? 23 We are actually here to talk a 24 little bit about their -- the actual agreement Depo Court Reporting Service ( 630 ) 983-0030 6 1 that they have submitted that ' s been on display. 2 I don ' t know if you came in and looked at it . 3 Does anybody have any questions 4 or comments ? Please come forward, state your 5 name . 6 WHEREUPON : 7 TOM GILMORE, 8 testified before the Yorkville City Council as 9 follows : 10 MR . GILMORE : My name is Tom 11 Gilmore, 23 Fox Glen Drive, and we will be 12 neighbors with Tanglewood Development . 13 We ' ve got a couple of 14 questions . First of all , overall comment , much 15 improved over the first rendition that we had 16 seen . We applaud you for making the effort . 17 We have a couple of questions 18 that we would kind of like to have on the record . 19 In the drawing that I had seen, or the plat, 20 there were several lots or areas that we had some 21 questions on and wanted to ask and get on record 22 just exactly what, in fact, they are, and I don ' t 23 know if you have your lots numbered -- 24 MR . NELSON : Yes . I Depo Court Reporting Service ( 630 ) 983-0030 7 1 MR . GILMORE : -- as they were on the 2 plat that I picked up at the City and made a copy 3 of, but lots 59 and 33 -- and I am calling them a 4 lot , I think they are -- actually think they are 5 a continuation of the setback or easement from 6 the road . 7 MAYOR PROCHASKA : Is that the 8 frontage area along the Fox? 9 MR. GILMORE : Yeah, I believe it is , 10 but it was numbered. 11 MAYOR PROCHASKA: Right . That ' s 12 what you are talking about? 13 MR . GILMORE : Right . And just a 14 question, if, in fact, it is a lot or is it a 15 50-foot setback off of Fox Road and Pavillion 16 Road? 17 I think -- can I -- the issue 18 really has to do with the creation of a plat . 19 Any area in the property that we are bringing in 20 for zoning has to have a lot number, and these 21 identified areas that are the buffer areas along 22 Fox Road, they are not buildable . 23 MR . GILMORE : Okay . I shouldn ' t 24 talk . Number two, I also was wondering lot Depo Court Reporting Service ( 630 ) 983-0030 8 1 numbers 32 and 81 , which are retention or 2 depressions I am assuming, once again, on the 3 drawing or plat that we have , we didn ' t see any 4 elevations representing a depression as it is 5 assumed to be . 6 MR. NELSON : These two areas are on 7 the plat that he has , these are both stormwater 8 detention areas . 9 MR. GILMORE : Okay . That ' s it . 10 Several more . I will run through these quickly 11 here . 12 Are there -- Is it required to 13 register covenants -- 14 MR. NELSON : Yes . 15 MR . GILMORE : -- at this time? 16 MR . NELSON : No . Oh, no, not at 17 this time . 18 MR . GILMORE : Okay . And would it be 19 possible for people to take a look -- 20 MAYOR PROCHASKA: Well , covenants 21 are a private issue and the City does not -- 22 MR . GILMORE : That ' s what I ' m 23 saying . I didn ' t know if the City had anything 24 to do with that . Depo Court Reporting Service ( 630 ) 983-0030 9 1 MR . WYETH : Depending on the nature 2 of the homeowner ' s association, we may want to 3 take a look at what they ' re doing . 4 In this one I think we only 5 maintain public areas . 6 MR. NELSON : Correct . 7 MR. WYETH : There are pond areas , 8 and that ' s the sole purpose of the homeowner ' s 9 association, and we will require that you do have 10 homeowner ' s . 11 MR . NELSON : Correct . 12 MR . GILMORE : You will have a 13 homeowner ' s association . 14 MR. NELSON : We will have a 15 homeowner ' s association to maintain the detention 16 and open space . The rest of the requirements for 17 houses will fall under the ordinances of the 18 City . Moving right along, almost done . 19 MAYOR PROCHASKA : Can you come up to 20 the microphone, please? 21 MR . GILMORE : Are you going to be 22 the developer or are you going to sell the lots ? 23 MR. NELSON : I won ' t guarantee we 24 will be the builders , I would be foolish to say Depo Court Reporting Service ( 630 ) 983-0030 10 1 that, but it is our intention to be the builders 2 and developers of the property . 3 MAYOR PROCHASKA: Okay . 4 MR . NELSON : And one final question, 5 actually two questions . This was a PUD as it 6 came out of Planning, and what oversight at this 7 point will the City have over what we are seeing 8 is what we ' re going to get? 9 MAYOR PROCHASKA : Correct . You are 10 here this evening for the annexation agreement , 11 which is the document that oversees this 12 annexation, so there is an agreement that they 13 would sign with the city that talks about various 14 things in their development, so it ' s not a PUD, 15 but it ' s still an annexation agreement, and if -- 16 remember, one of the things that was discussed 17 about this , one of the things we looked at , was 18 we did want to set some precedent as these areas 19 develop because we are looking at stormwater and 20 screening and whatever , and by doing an 21 annexation agreement, it does set a precedent as 22 opposed to a PUD, which would not , because that 23 looks at it as a very unique situation . 24 We are saying as these Depo Court Reporting Service ( 630 ) 983-0030 11 1 properties develop down here , we want that 2 precedent set about dealing with the storm water . 3 But there is an agreement that goes with it . 4 MR. GILMORE : That wasn ' t the only 5 issue that we had with several of the 6 developments either, but we just wondered if it 7 kind of like floated away after tonight or if 8 there is going to be more . 9 MAYOR PROCHASKA : Actually the 10 hearing is for the annexation agreement . 11 MR . GILMORE : Okay . Do there 12 have -- Is there going to be a deceleration lane 13 to accommodate traffic on Fox Road? 14 MAYOR PROCHASKA : Well , again, that 15 is dealing with planning and engineering -- 16 MR. GILMORE : Okay . 17 MAYOR PROCHASKA : -- and dealing 18 with the county, that ' s a county road at that 19 point, so we will do what the county asks . 20 MR. GILMORE : Okay . I don ' t think 21 there is any other questions . Thank you . 22 MAYOR PROCHASKA: Thank you . Is 23 there anyone else? Yes . 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 12 1 DERVIN ALLEN, 2 testified before the Yorkville City Council as 3 follows : 4 MR . ALLEN : Dervin Allen . I thought 5 that this has to come in as an R-2 and not as a 6 PUD . 7 MAYOR PROCHASKA: Correct . 8 MR . ALLEN : And that is what it ' s 9 going to come in as , the overriding request is , 10 is a straight R-2 zoning? 11 MAYOR PROCHASKA : That is what they 12 are requesting, yes . 13 MR . ALLEN : I just wanted to clarify 14 that because I had thought it was recommended 15 from Planning that it be coming in as a PUD, and 16 I see that they did not ask for that, they have 17 asked for a straight R-2 zoning . 18 MAYOR PROCHASKA: And as I said, we 19 have discussed that , and again, because the 20 PUD -- in this case , they are not asking the City 21 for any variances , any variances off our 22 ordinances , so they are looking at doing -- 23 MR. ALLEN : Exactly . 24 MAYOR PROCHASKA: -- that and more , Depo Court Reporting Service ( 630 ) 983-0030 13 1 and so what we are saying is , we are talking to 2 them in this agreement, and actually I ' ll touch 3 on this a little bit later, there are some things 4 that you will see are in here, but there are -- 5 for development purposes that we do actually want 6 to set a precedent, and the PUD would be 7 considered unique . Okay? Correct, Mr . Attorney? 8 MR. WYETH : Yes . 9 MAYOR PROCHASKA : Is there anyone 10 else? 11 (No Response) 12 MAYOR PROCHASKA: Is there anyone 13 from the Council that would like to say 14 something? Yes , ma ' am . Alderman Spears . 15 MS . SPEARS : I have a couple of 16 questions . In reviewing your agreement here, I 17 am not seeing any fire district fees listed . 18 MAYOR PROCHASKA: The what? 19 MS . SPEARS : Fire district fees . 20 MAYOR PROCHASKA : I asked the 21 attorney about that, and there will be an exhibit 22 of all fees . 23 MR. WYETH : We are doing fees on the 24 exhibits now, Alderman Spears . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MS . SPEARS : Oh, okay, because they 2 do have parks and school . 3 MR. WYETH : That ' s where the land 4 has a specific provision, these kind of homes , it 5 will be an exhibit , different lots , so we ' ll do 6 that as an exhibit number and try- to break each 7 down . 8 MS . SPEARS : Okay . So it will be 9 attached to it when we do vote and everything? 10 MR. WYETH : When we receive it, yes , 11 ma ' am. 12 MS . SPEARS : So it will be attached . 13 Another question, historical street name ? Did 14 you select one? Is there one on your -- 15 MR . NELSON : Yes , we did . 16 MS . SPEARS : Okay . Would it be 17 Alexander Road? 18 MR . NELSON : Yes . 19 MS . SPEARS : Great . 20 MAYOR PROCHASKA : And that ' s 21 something we would look at when we approve the 22 plat , preliminary plat . 23 MS . SPEARS : Okay . I just wanted, 24 before they had everything laid out and all the Depo Court Reporting Service ( 630 ) 983-0030 15 1 names and everything, I thought maybe we would 2 give them fair warning . 3 And also I believe that all the 4 developers are going to meet tomorrow, is that 5 correct, and discuss the collective funding 6 agreements ? 7 MR . NELSON : That ' s correct . 8 MS . SPEARS : And you are a part of 9 that, correct? 10 MR. NELSON : Yes . 11 MS . SPEARS : Okay . We will be very 12 interested in hearing the results of the meeting . 13 That ' s all I have . 14 MAYOR PROCHASKA: Anyone else? 15 (No Response) 16 MAYOR PROCHASKA: One of the things 17 I did want to point out was , as Alderman Spears 18 kind of alluded to, all the language is not there 19 yet for the infrastructure issues , and we will be 20 talking about water , sewer, and streets , 21 perimeter streets and access streets , so those 22 will need to be included in here . 23 Also, one of the things I did 24 want to point out that, again, Alderman Spears , Depo Court Reporting Service ( 630 ) 983-0030 16 1 you kind of alluded to , was if you look, the land 2 cash fees are the only ones that are specifically 3 named here, and I want -- just so people 4 understand, for the school, that $ 4 , 392 , that is 5 just the land cash . 6 There is also per unit . There 7 is also the $3 , 000 transition fee per unit that 8 goes on top of that , so in this particular 9 development, they will be looking at paying 10 almost $7400 per home to the schools . 11 MS . SPEARS : Can I make one more 12 request? 13 MAYOR PROCHASKA : Yes . 14 MS . SPEARS : Could you possibly 15 number the pages on your document -- 16 MR. NELSON : Sure . 17 MS . SPEARS : -- so if we have to 18 refer to a certain page? Thank you . 19 MAYOR PROCHASKA: Is there anyone 20 else that would have any comments ? 21 (No response ) 22 MAYOR PROCHASKA: Sir, did you have 23 any final comments? 24 MR . NELSON : Not at this time . Depo Court Reporting Service ( 630 ) 983-0030 17 1 MAYOR PROCHASKA : Okay . With that , 2 I would entertain a motion to close the public 3 hearing . 4 MR . NELSON : Thank you . 5 MS . SPEARS : So moved . 6 MS . BURD : Second. 7 MAYOR PROCHASKA : Moved and 8 seconded . May I have roll call , please? 9 MS . MILSCHEWSKI : Burd . 10 MS . BURD: Aye . 11 MS . MILSCHEWSKI : James . 12 MR . JAMES : Aye . 13 MS . MILSCHEWSKI : Munns . 14 MR . MUNNS : Aye . 15 MS . MILSCHEWSKI : Ohare . 16 MS . OHARE : Aye . 17 MS . MILSCHEWSKI : Spears . 18 MS . SPEARS : Aye . 19 MS . MILSCHEWSKI : Wolfer . 20 MR . WOLFER : Aye . 21 MS . MILSCHEWSKI : Besco . 22 MR . BESCO : Aye . 23 MAYOR PROCHASKA : Motion is carried . 24 Next I would entertain a motion Depo Court Reporting Service ( 630 ) 983-0030 18 1 to go into public hearing to discuss the Midwest 2 Development, LLC request to annex to the United 3 City of Yorkville and rezone from Kendall County 4 A-1 Agricultural to United City of Yorkville R-2 5 One-Family Residence District, and for hearing as 6 to the annexation agreement of the petitioner . 7 The real property consists of 8 approximately 102 . 75 acres on Fox Road east of 9 High Point Road, Kendall Township, Kendall 10 County, Illinois . 11 MR. WOLFER : So moved . 12 MS . BURD : Second . 13 MAYOR PROCHASKA : Moved and 14 seconded . May I have roll call, please? 15 MS . MILSCHEWSKI : Besco . 16 MR. BESCO : Aye . 17 MS . MILSCHEWSKI : Wolfer . 18 MR . WOLFER: Aye . 19 MS . MILSCHEWSKI : James . 20 MR. JAMES : Aye . 21 MS . MILSCHEWSKI : Ohare . 22 MS . OHARE : Aye . 23 MS . MILSCHEWSKI : Burd . 24 MS . BURD : Aye . Depo Court Reporting Service ( 630 ) 983-0030 19 1 MS . MILSCHEWSKI : Spears . 2 MS . SPEARS : Aye . 3 MS . MILSCHEWSKI : Munns . 4 MR . MUNNS : Aye . 5 MAYOR PROCHASKA : Motion is carried . 6 We are now in public hearing . Is there someone 7 here representing this petitioner? 8 WHEREUPON : 9 GREGG INGEMUNSON, 10 testified before the Yorkville City Council as 11 follows : 12 MR . INGEMUNSON : We ' re here to 13 answer any questions regarding engineering, 14 appearing on behalf of Midwest Development . 15 This really isn ' t much 16 different from the one you just heard . We are 17 asking to rezone from A-1 to straight zoning R-2 . 18 We have 102 acres and approximately 170 units , 19 12 , 000 square foot lots . 20 This is directly east of the 21 subject site that you just heard the presentation 22 on . It ' s a hundred -- I think we are asking for 23 a hundred acres to rezone to the R-2 , and here is 24 the latest plan . Depo Court Reporting Service ( 630 ) 983-0030 20 1 We incorporated a minor 2 collector since the last time we have been before 3 the board here pursuant to the transportation 4 study that will connect to the Gray Bar extension 5 down at the southern end of the development , so 6 that ' s pretty much it . 7 MAYOR PROCHASKA : Is there anyone 8 that would like to make a comment or ask 9 questions ? Yes , sir . 10 MR . ALLEN : Hopefully this is right . 11 I don ' t mean to block this . You can see the 12 dates and the time line . This is across the 13 street from where this subdivision is being 14 proposed . 15 First, I would like to thank 16 them. They have worked hard with us . They have 17 done a nice job with the frontage stuff that the 18 City has asked for, they have taken the back 19 roads off of Fox Street, the same with Evergreen 20 Farm. They did a great job . 21 But one of the reasons that I 22 went to the meeting before, and, again, it was 23 recommended that it come in as a PUD . This is a 24 very unique area in town . Depo Court Reporting Service ( 630 ) 983-0030 21 1 Within about a three-mile span, 2 you have the highest point in the county, the 3 lowest point in the county, highest point being 4 out at Route 71 and High Point Road, and the Fox 5 River . 6 We do not have adequate 7 drainage up there . It is a problem right now. 8 You see this . Okay? 9 So this is one of the reasons 10 that I was looking at the PUD . I understand they 11 are putting retentions in, but we have an 12 existing problem that I want the City Council to 13 know and take into consideration with this . 14 MAYOR PROCHASKA : Okay . Do you want 15 to answer his question or talk about it or -- 16 MR. INGEMUNSON : I just think the 17 engineering, with the retention in there, is 18 going to help the problem, not exacerbate it . I 19 think that ' s what our engineer would say . 20 MAYOR PROCHASKA: To your question 21 of why it ' s an annexation as opposed to a PUD, 22 again, that entire area has that issue . 23 It ' s in that area where it ' s 24 high at one end and very low at the other end and Depo Court Reporting Service ( 630 ) 983-0030 22 1 sloped in between, and, again, the engineering 2 and the requirements of the City will be that 3 they have to address those issues prior to 4 completing their platting, so that is part of the 5 engineering anyway . 6 The other issue is , again , they 7 may end up needing to do more in there just 8 because they have to address what ' s coming -- not 9 so much leaving their site, but what ' s coming on 10 their site from the south . 11 And, again, that will be -- in 12 the annexation agreement will be talked about, 13 that they have to deal -- look at the stormwater . 14 In fact, that ' s also one of the infrastructure 15 things that we will be talking about with the 16 developers . 17 And, again, what this does , it 18 sets a precedent because the City -- what they 19 may end up having to do is above and beyond what 20 someone might normally do, and that sets the 21 precedent that anybody else that goes out there 22 may have to do the same thing . 23 MR. ALLEN : Just for the record -- 24 MAYOR PROCHASKA : So they won ' t get Depo Court Reporting Service ( 630 ) 983-0030 23 1 out of anything . 2 MR. ALLEN : Okay . That ' s why I am 3 asking . Just for the record then, the R-2 , you 4 have -- the City Council and the City have just 5 as much control as a PUD? 6 MAYOR PROCHASKA : Correct . For -- 7 When it comes to engineering issues on the 8 development, absolutely . 9 MR . ALLEN : Lot sizes , everything . 10 Okay . 11 MAYOR PROCHASKA: Well , the lot 12 size , because it ' s not a PUD, they cannot go to 13 anything smaller than 12 , 000 , okay? If they had 14 had one lot smaller, then they would have to do 15 something else , but it is -- all lots have to 16 meet the minimum of the City . 17 MR . ALLEN : Sure . So just for the 18 record, where I feel that -- I have walked all 19 this land heavily, and the railroad tracks that 20 is to the south of this property, it ' s to the -- 21 that butts up to Tanglewood, is actually a dike 22 that was built at the turn of the century . 23 It does not have adequate 24 drainage underneath . That is why we have this Depo Court Reporting Service ( 630 ) 983-0030 24 1 here . That is all back-up from the railroad 2 tracks . 3 So I would like the engineering 4 to look at that , and we need to put a drain 5 underneath that because it is a dike . 6 MAYOR PROCHASKA: Thank you . 7 MR . ALLEN : Thank you . 8 MAYOR PROCHASKA : Anyone else that 9 would like to make a comment? Yes , sir . 10 MR . GILMORE : Tom Gilmore again . 11 Just one question actually . This area right 12 here, will this be like a buffer or are you going 13 to put a berm there or -- 14 MR . INGEMUNSON : There is no lots 15 there, so -- 16 MR . GILMORE : There is no lots , 17 that ' s correct, but I mean, one thing we were 18 curious about , is there going to be a berm there 19 or something, you know, something -- 20 MR . INGEMUNSON : Well , I think when 21 we go through the process , if the City requests 22 landscaping berms , we will do whatever they 23 request . 24 At this point I ' m not sure -- Depo Court Reporting Service ( 630 ) 983-0030 25 1 There is nothing showing there ' s going to be a 2 berm there right now, so that goes more to 3 engineering I believe than this . 4 WHEREUPON : 5 PETE HUINKER, 6 testified before the Yorkville City Council as 7 follows : 8 MR. HUINKER: Pete Huinker, Smith 9 Engineering . As Gregg stated, most likely in 10 that area it ' s -- right now it ' s in the concept 11 plan stage . We are anticipating we will probably 12 have some berms and combination of berms and 13 landscaping along there with trees and shrubs and 14 things like that . 15 MR. GILMORE : And can I also ask how 16 many builders ? 17 MAYOR PROCHASKA: Just before you go 18 to your next question, for the aldermen that may 19 not have seen where he is pointing to, if you 20 look at the map there, it looks like an elongated 21 lot to the north of the very first road that 22 comes off that main road . He was pointing to 23 that lot that would back up to Fox Road . So just 24 so we are clear where you are pointing . Go Depo Court Reporting Service ( 630 ) 983-0030 26 1 ahead . 2 MR . GILMORE : And another , same 3 question, how many builders will be involved -- 4 MAYOR PROCHASKA : Sir', can you speak 5 into the microphone? 6 MR . GILMORE : How many builders will 7 be involved with your development? Are the 8 lots -- 9 MR . INGEMUNSON : We ' re not 10 looking -- I know they want to build some on 11 their own, we ' re not sure at this point . 12 MR. GILMORE : I ' m just curious . 13 MR. INGEMUNSON : At this point it 14 depends on a lot of factors , how many we ' re going 15 to be able to build, we ' re not sure what they are 16 going to recommend, so I can ' t really answer your 17 question other than they want to build some 18 there . 19 MR. GILMORE : And also, same 20 question we asked Tanglewood, do you have to 21 register your covenants? 22 MR . INGEMUNSON : We ' re going to have 23 covenants . They ' re going to have covenants , 24 absolutely . Depo Court Reporting Service ( 630 ) 983-0030 27 1 MR. GILMORE : Same question, 2 homeowner ' s association? 3 MR. INGEMUNSON : Yep, for common 4 areas . 5 MR . GILMORE : Okay . I think that ' s 6 all . Thank you . 7 MAYOR PROCHASKA: Thank you . Is 8 there anyone else? 9 (No Response ) 10 MAYOR PROCHASKA : Are there any 11 comments from the Council? Oh, I ' m sorry . Yes , 12 sir . Come forward . 13 WHEREUPON : 14 ROB THUROW, 15 testified before the Yorkville City Council as 16 follows : 17 MR. THUROW : Rob Thurow, 10 Fox Lane 18 Drive . I live right on Fox street and Fox Glen, 19 right on the corner there , and I was just 20 curious , on your drawing, is Lot 1 , is that -- is 21 that a house that would be on the southeast or is 22 that an open lot , would be my first question . 23 MR. INGEMUNSON : When you say 24 Lot 1 -- Depo Court Reporting Service ( 630 ) 983-0030 28 1 MR . THUROW : This one right here . 2 MR . INGEMUNSON : That will be -- 3 that ' s a lot . That ' s a platted lot . 4 MR. THUROW : For a house to be built 5 on? 6 MR. INGEMUNSON : Yes . . 7 MR. THUROW : And I understand on 8 this side it ' s a ten-foot buffer . There is no 9 houses there; is that right? 10 MR. INGEMUNSON : That ' s right, no 11 houses . 12 MR. THUROW : Just a thought to 13 interject here, the lot would be directly right 14 across from the buffer, but a nice entrance 15 coming in, just the thought that there would be 16 no house there, it would be a nice entrance to 17 compensate to be consistent with what they have 18 on the next -- right across there . 19 And my second question is about 20 the annexation of this , and the Evergreen Farm is 21 bringing sewer and water out . 22 Do you know which side of Fox 23 street that ' s going to come on, whether it ' s 24 going to come on the north side or on the south Depo Court Reporting Service ( 630 ) 983-0030 29 1 side at this time? 2 MAYOR PROCHASKA: Okay . Well , our 3 public works guy is -- 4 WHEREUPON : 5 ERIC DHUSE, 6 testified before the Yorkville ,City Council as 7 follows : 8 MR . DHUSE : From the preliminary 9 plan , it actually comes on the other side, so the 10 south side of Fox Road. 11 MR. THUROW : Do you know where it 12 cuts across? 13 MR . DHUSE : I believe it is east 14 of -- I believe it is on the south side along Fox 15 Road . ' 16 MR . THUROW : Thank you very much . 17 That ' s my questions . 18 MAYOR PROCHASKA : Is there anyone 19 else? 20 MR. JAMES : I do . 21 MAYOR PROCHASKA : Yes . 22 MR. JAMES : I have a question about 23 the existing flooding . I was curious what 24 stormwater controls are in place right now to Depo Court Reporting Service ( 630 ) 983-0030 30 1 prevent flooding and what ' s failed, you know, and 2 why is the land flooding now . 3 Is there stormwater controls in 4 place right now and that ' s what ' s failed, or once 5 the development goes in with the stormwater 6 controls that you put in place , this probably 7 would improve the flooding problem, wouldn ' t it? 8 MR. INGEMUNSON : Well , we think it 9 will improve the flooding problem. I did hear -- 10 There is something about a railroad -- he ' s going 11 to know a little bit more about this . But there 12 is an old railroad down there, there is a smaller 13 area where the water can ' t get through . That ' s 14 my -- 15 MR . JAMES : So they designed -- 16 MR . INGEMUNSON : That ' s my 17 understanding, but that ' s a hundred years ago 18 that they put that in . 19 MR. ALLEN : There is no engineering 20 and design done right now, none, out there , other 21 than turn-of-the-century when the railroad was 22 built . Okay? 23 The picture that I had up 24 there, the railroad wasn ' t causing that . That Depo Court Reporting Service ( 630 ) 983-0030 31 1 was natural run-off from Route 71 down to Fox . 2 Okay? 3 And I have been through this 4 with engineers , too, okay? I am not one and I 5 won ' t claim to be one , but any time you blacktop, 6 add density where water cannot be absorbed, you 7 increase run-off . 8 That ' s why the developers have 9 to put in retaining ponds , so they are not 10 increasing their run-off, but this is not going 11 to take care of the existing problem. 12 MAYOR PROCHASKA: Okay . First of 13 all , we don ' t know that until the engineering is 14 done , so that will be an engineering issue that 15 again, from the city ' s point of view, I think we 16 would be looking at the engineering to maintain , 17 first of all , the sheet run that would come onto 18 this property because that ' s something -- in 19 fact , we have talked to the engineers about , that 20 they are going to have to look at because of the 21 fact that the water is coming down a hill . 22 So they have to look at what ' s 23 coming onto their property as well as what ' s 24 coming off . Depo Court Reporting Service ( 630 ) 983-0030 32 1 MR . ALLEN : And, again, if that 2 water is taken care of, and I do -- the drainage 3 underneath the railroad tracks is inadequate . 4 The county just put in a pipe 5 at High Point Road . I talked to the engineer at 6 the county and he says it ' s not adequate . That 7 was just something to try to get a little bit 8 more going, okay? 9 And there are only a few pipes 10 that are under that railroad tracks , and there is 11 some of them that are there that have been torn 12 out and replaced that were old cattle crossings 13 that are on the high part of the land, no water 14 even goes through them, so -- 15 MR . JAMES : So these are all things 16 that will be addressed with the engineering . 17 MR . INGEMUNSON : We can ' t do 18 anything with the railroad pipes because that ' s 19 not -- we have -- that ' s not our property . 20 MR . JAMES : It ' s not on this piece 21 of land is what you ' re saying . 22 MR. INGEMUNSON : That ' s nothing we 23 can affect unfortunately . 24 MR . DHUSE : I do think our engineer , Depo Court Reporting Service ( 630 ) 983-0030 33 1 EEI , is looking at this as a regional , so that is 2 just a lot more relief than one at a time . 3 They are looking at the whole 4 region from Route 71 from the head of the 5 watershed out , so that will aid the design 6 criteria for these subdivisions . 7 MAYOR PROCHASKA: That would be part 8 of that discussion when we get all those 9 developments together . 10 Anyone else? 11 (No Response ) 12 MS . SPEARS : I was just going to ask 13 that you number your document . 14 MR . INGEMUNSON : I knew it . I ' ll 15 get it done . 16 MS . SPEARS : And historical street 17 names, keep that in mind . 18 MR . INGEMUNSON : I think my dad ' s 19 name is already taken, so we can ' t do that . 20 MS . SPEARS : Thank you . 21 MAYOR PROCHASKA : And just a 22 reminder, there will be a fee sheet attached to 23 this project also . At this time all you are 24 seeing is something for parks and schools , so Depo Court Reporting Service ( 630 ) 983-0030 34 1 additional fees will be . 2 MR . INGEMUNSON : Thank you . 3 MAYOR PROCHASKA : If there is no 4 further discussion, I would entertain a motion to 5 close the public hearing . 6 MS . OHARE : So moved .. 7 MS . BURD : Second . 8 MAYOR PROCHASKA : Moved and 9 seconded . May I have roll call , please? 10 MS . MILSCHEWSKI : Munns . 11 MR. MUNNS : Aye . 12 MS . MILSCHEWSKI : Besco . 13 MR . BESCO : Aye . 14 MS . MILSCHEWSKI : Wolfer . 15 MR . WOLFER : Aye . 16 MS . MILSCHEWSKI : James . 17 MR . JAMES : Aye . 18 MS . MILSCHEWSKI : Ohare . 19 MS . OHARE : Aye . 20 MS . MILSCHEWSKI : Burd . 21 MS . BURD : Aye . 22 MS . MILSCHEWSKI : Spears . 23 MS . SPEARS : Aye . 24 MAYOR PROCHASKA : Motion is carried . Depo Court Reporting Service ( 630 ) 983-0030 35 1 (Which were all the 2 proceedings had in 3 the public hearing 4 portion of the 5 meeting . ) 6 ---000--- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 35 1 (Which were all the 2 proceedings had in 3 the public hearing 4 portion of the 5 meeting . ) 6 ---000--- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 36 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this J �day of 16 L� 2006 . 17 18 19 e n7 20 CHRISTINE M . VITOSH,1C . 21 CSR License No . 084 -002883 22 23 24 Depo Court Reporting Service ( 630) 983-0030 Page 1 of 9 ORAF UNITED CITY OF YORKVILLE CITY COUNCIL SPECIAL MEETING Saturday,February 11, 2006, 9a.m. City Hall Conference Room PRESENT: Mayor Art Prochaska Treasurer Bill Powell Alderman Paul James Interim City Administrator John Crois Alderman Dean Wolfer Alderman Joe Besco Alderwoman Val Burd Alderman Marty Munns Alderwoman Rose Spears Alderman Jason Leslie GUESTS: None Mayor Art Prochaska called the meeting to order at 9:07a.m. The purpose of this special meeting was to set goals for 2006. REVIEW OF 2005 GOALS (refer to outline attachment) A. TRANSPORTATION IMPROVEMENT • Route 47 improvements The Mayor said Rt. 47 improvements from Rt. 71 to Kennedy Road are in the Governor's budget and Phase 2 of the engineering has begun. The City is working with developers and the State on Rt. 47 from Corneils Road to the county line, to complete the improvements at one time. This would include 4 lanes. • Determine other arterial improvement needs The recent census report is expected in a couple months and the City is looking at 2030 as the target year for the final buildout. • Look more at alternate river crossings No discussion Page 2 of 9 • Transportation for Seniors/Disabled Partner with other groups (i.e. Senior Services) City purchase vehicles to start public transportation program The City needs to revisit this issue since the Senior Center issue took precedence. Ms. Spears said she had attended a meeting and said the County had recently visited DeKalb County for information on their public transportation for seniors. A partnership with other municipalities is being explored, Alderman Wolfer said that Morris Hospital has a Lifeline program and a transportation program in place to pick up citizens and suggested the City speak with Rush. This program is volunteer-based. Ms.-Spears suggested that perhaps the transportation program should be extended to those without driver's licenses and the disabled. Ms. Burd also suggested coordination with the Veteran's Association who is exploring this issue. • Pilot Trolley Program The Mayor said Glory Spies is reviewing this with the Chamber to expand this program at Christmas. She found there was not much interest from the businesses. Alderman Besco said this should become more popular as the downtown redevelops. Other suggestions to generate interest in the trolley program were to work with the Chamber to market it and use it in conjunction with sidewalk sales and community garage sales. B. CONTROL GROWTH • Encourage retail, manufacturing/industrial Create incentive program Program was created • Continue architectural standards This has been done and an incentive program is on the books. This will be discussed further in the 2006 goals. • Review development standards This is being done through Public Works and is ongoing. • Continue use of development agreements for properties being re-zoned The City is doing this. • Review fees—ongoing This is ongoing, the water fees are being increased. • Continued discussion with Montgomery Focus on transportation and land use issues The Mayor said there is only one property left that will require discussions with Montgomery Page 3 of 9 • Complete and accept/approve City Master Facilities plan This has been done. • Approve south comprehensive plan This has been done. C. FINANCE • Create multi year plan Future revenue sources (i.e. Fees, EVA increases, etc.) Two year budget(approved I year and have 2"d year concept) Finance Director compiled the budget and is continually working on the second year budget. • Reduce levy rate (with increase of EA V through new growth) This has been done consistently for the last six years. • Maintain fiscal responsibility It was felt that the City has met this goal and also improved the cash reserve funds with higher interest investments. • Use water transfer revenue or determine other revenue to pay for Library This has not been accomplished yet. • Find financing for new public works facility This is being addressed. • Improve return on funds (i.e. CD ladder for fund balances, use CD's for reserve land cash) Mr. Powell reported that the City has four-$50,000 CD's with one coming due every three months. He has sent out bid letters to area banks to secure the best interest rates. D. EXPAND QUALITY OF LIFE • Encourage arts/museums (i.e. development agreements/downtown plan) A theatre plan is incorporated into the"Downtown Plan". Parks &Recreation had the art show on the river and Music in the Park. Also,the courthouse is being used as an art gallery. Alderman James encouraged more events near the river shelter. This will be discussed as part of the 2006 goals. • Continue to encourage greenways, buffers, trails, etc. The comprehensive plan encourages these and Alderman Besco added that a canopy ordinance is being drafted. The City is also a member of the"Protect Kendall Now". Page 4 of 9 • Senior facilities Ad hoc committee for Center Encourage senior housing The Seniors are now using the Beecher building. The Mayor also stated that he had spoken with Lynn Dubajic about the possibility of blending a senior center with a wellness center at the Rush facility. He also noted that higher density for senior housing at the south part of town had been approved, but federal grants are more difficult to find. A local builder has a possible interest in a multi-phased senior housing development. • Continue Scout camp property planning The last third of the property will be acquired and options for funding are being explored. • Continue to expand bike trails Alderman Wolfer suggested that a portion of Fox Road should include a paved bike path, however, the Mayor said that County chose not to do this. The bike path in Rivers Edge was also discussed and it was noted that permission from the railroad was needed to continue it. • Continue to secure land for regional parks This is an ongoing process • Continue planning for municipal pool/water park with possible private/public partnership This is being worked on and Alderman Leslie said the YMCA supports this project. • Monitor downtown water feature progress There is a plan to rebuild the dam on the Fox River and no father public hearings are required. A letter was sent to IEPA with a list of all the meetings that have been held. A design has been approved for the upgrades and will include a series of pools and rapids. It will begin by the parks building and will end by Freeman's. • Develop partnership with other service groups and promote educational workshops and seminars The City is part of the Fox River group and is also involved in"Protect Kendall Now"as well as Fox River Watershed. Some of the suggestions for possible events were: fishing tournament, canoe event on Labor Day(Glory Spies is working on), partnership with Connie Payton's run, triathalon event and accessible living workshops. It was suggested that Ms. Spies promote these on the website. A community events calendar was also suggested for the website. Ms. Spies is working on a public relations policy and asked that all appropriate information be funneled to her. Ms. Spears also suggested an article in the paper to explain why emails to the Council members have not been received. This was due to the fact that not all emails had been set up or properly channeled to the correct person. Page 5 of 9 E. ECONOMIC DEVELOPMENT • Bring in waste transfer station This has not been done yet,but will be discussed in 2006 goals. • Get urgent care medical facility Rush Copley has proposed a hospital,however,the plans must be approved by the State. • Strengthen downtown business environment(Downtown Redevelopment Plan) The TIF has been approved and the downtown plan has been accepted. Currently, four developers have shown interest. • River development—continue looking for possibilities The City has secured the Post Office building. • Develop partnerships with others including private organizations A request was put out to the community for such partnerships and Parks will be talking with an interested group. • Develop feasibility of attaining Post Office building downtown for possible uses Suggestions for uses were senior programs,recreation programs,building department, youth center or multi-use. • Look at annexing business properties substantially surrounded by the City It was noted that the property at 47 &34 was staked out and ready for development. • Encourage burying utilities when land is developed Development agreements are encouraging buried utilities and Bart Olson is working with Com Ed. Alderman Wolfer suggested a frontage road system also. • Encourage businesses to display the City Flag The Mayor has spoken with all new developers and asked them to fly the City Flag. Alderman Spears suggested that developers be requested to fly the flag before approving their agreements. The cost of the flag is $60,however,Alderman James said they should be given to the developers when they are approved. The word"Yorkville" should be included in all development names also, i.e. "Grande Reserve of Yorkville". F. ADMINISTRATION/STAFF • In house planning department A second administrative assistant is a possibility. • Determine needs status for City A digital scanner was also suggested to eliminate some of the paper needed for Council members,however,the cost was very high. Glory Spies is exploring placing agendas on the website. Laptops computers for Council members were also discussed. Page 6of9 • Attorney in house/full time The Mayor said all city departments like the idea that the attorney is in house approximately 6-7 hours a day. Some of his fees are reimbursed by developers. This will be discussed in the 2006 goals as well. • Analyze Building Department for possible in-house and for possible relocation This will be discussed further in the 2006 goals. • Determine job description for an administrative assistant to provide support for Council members City employee Liz D'Anna is now assuming this role,however,it might need to be revisited as more hours are needed. G. PUBLIC SAFETY • Develop sidewalk program (safe pedestrian routes) This had been postponed,but will be discussed for 2006. Requests for sidewalks to reach Jewel were requested. New businesses are required to pay for their portion of sidewalks when they are constructed. There was also a brief discussion about the need for sidewalks along Rt. 47 and near the schools and Alderman Wolfer suggested the City Planner should identify the areas that need attention. • Implement City Disaster Plan This has been implemented. It was also noted that a fence is still needed around the City Hall generator. • Determine additional security needs for parks and trails (formation ofpatrol) Chief Martin is working on a bike patrol. The Cadets and Citizen Patrol will be discussed in the 2006 goals. • Develop agreement: police to allow City to enforce traffic/safety issues on private commercial properties The Chief is looking at such an agreement. Enforcement of handicap areas on private property will also be discussed in the 2006 goals. This ended the review of the 2005 goals. Page 7 of 9 DISCUSS GOALS FOR 2006 Mayor Prochaska asked for ideas for each of the seven topics listed on the 2005 Goals. An additional topic was also added—Technology. Each Council member contributed ideas as listed below and at the conclusion, the Mayor asked the Council to choose the top two concerns. Those are shown in bold. TRANSPORTATION IMPROVEMENT 1. Public transportation, partnership with others or Rush Copley 2. Determine bridge crossing 3. Trolley to Aurora 4. Park `n Ride 5. Road improvement(Game Farm) 6. Frontage (ring) road network 7. City cabs 8. Transportation for seniors, non-drivers—partnership with Rush 9. Update &"11)" fund for in-town road program CONTROL GROWTH 1. Develop goals to attract quality jobs, give incentives to locate in Yorkville 2. Revenue-based tax supplier, i.e. landfill, need to acquire easements or regional tax base provider 3. Create incentive program for small business to help them survive/remain in City 4. Explore/create Yorkville as destination, work with Tourism, golf courses on river 5. Strong partnership with schools to build new schools 6. Retain"country look" to south, limit stop lights 7. Attract higher education satellite campus 8. Stabilize SSA policy 9. I.D. Yorkville flag &monuments 10. Attract multi-phase senior housing FINANCE 1. Invest in C.E.D.A.R.S. accounts 2. Possible employee co-pay for health insurance 3. Be more prudent in the budget, due to many City needs,put excess funds into Rt. 47 project 4. Modify monthly Treasurer report 5. Multi-year capital budget (Traci Pleckham is currently working on) EXPAND QUALITY OF LIFE 1. City-sponsored"landmark" festivals at riverfront 2. Invite public/private partnerships for performing arts 3. Facilitate discussions with school for use of baseball fields that are idle in summer 4. Trail from Rt. 71 to Riverfront & Silver Springs, make access from Raintree 5. Need youth center Page 8 of 9 6. Tennis Courts 7. Continue expansion of recreation & educational opportunities for disabled, rec department to offer more 8. Tax relief/cap for needy 9. Citizen advisory committee CITY NEEDS (Administration/Staff) 1. Public Works facility 2. 3-part seminar by City staff: workshop/mentor program on City procedures for new Council members 3. Support staff for Council 4. Formalize hiring process so it is standard for all departments 5. Provide internal promotion opportunities 6. Approve park maintenance facility 7. Review full-time vs. part-time attorney, amend city ordinance "by hour" pay 8. Determine use for post office, short & long term 9. Review internal inventory list of items worth$25 &up, (part of GASBY) 10. Annual retreat for City Council 11. Strengthen partnerships with Fire Department, Library etc. PUBLIC SAFETY 1. I.D. & fix crossings for kids/provide safety routes 2. Expand cadet program 3. Provide resources/empower police to search out meth labs (increasing problem) 4. Purchase"New World" software to provide easy access to public records 5. Institute smoking ban in bars & restaurants 6. Agreement for private property enforcement, zero tolerance/maximum fine for handicap areas TECHNOLOGY 1. Electronic(wireless) communications for City Council members 2. Private/public portal for all digital display/dissemination of info 3. Records management system to eliminate paper The Mayor stated that the top two items of each category would be discussed at a future C.O.W. meeting. Mr. Powell also gave an explanation of the C.E.D.A.R.S. accounts. In addition to protecting funds in excess of$100,000, the group of banks offering C.E.D.A.R.S. accounts, can also offer better interest rates. He said that many municipalities are participating in this type of arrangement. Suggestions were also made for a"Taste of Yorkville",raft race and more events at the riverfront, possibly an event each month. Page 9 of 9 The Mayor said he would provide copies of this list to all. There was no further business and the meeting was adjourned at 12:06pm. Respectfully submitted by Marlys Young, Minute Taker Reviewed By: J= pe Le al F-1 City Council g EST , :.7936 Finance F1 Engineer ❑ -C y City Administrator El Agenda Item Tracking Number 9 �0 Consultant ❑ <LE eVv City Council Agenda Item Summary Memo Title: Saravanos Sign Variance Request—Stagecoach Crossing City Council/COW/Committee Agenda Date: March 7, 2006 -( Synopsis: Petitioner met with staff to discuss alterations to sign following February 71 COW discussion and has modified request for Council consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ORDINANCE NO: 2006- ORDINANCE APPROVING VARIANCES INCREASING THE MAXIMUM ALLOWABLE AREA OF THE GROUND SIGN FOR A BUSINESS LOCATED AT 7131 ROUTE 47(SARAVANOS PROPERTIES,LLC) WHEREAS, Saravanos Properties, LLC filed ZBA Petition 2005-58 requesting a variance to increase the maximum allowable area of a ground sign for the business located at the property specifically described in the attached exhibit"A"; and WHEREAS, the Petitioners plan to substantially improve the real property to enhance the value of the property, improve the aesthetics of the neighborhood, and promote safe travel along Route 47; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition; and WHEREAS, the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variance sought; and WHEREAS,the Zoning Board of Appeals recommended the approval of said requested increase in the maximum allowable area for a ground sign with the following conditions: limit the number of signs on the site,tenant panels are to be made using Lexan plastic and separate disconnect lighting; and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considered the public comment presented at the public hearings and have determined that the requested variance is appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,the following Variance is hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit"A": Page 1 of 2 1. Maximum Allowable Area for Ground Sign: 8-11-71) of the United City of Yorkville Zoning Code is hereby varied to permit a ground sign with a maximum allowable area of 198 square feet as depicted in Exhibit`B" attached. The variance granted herein is contingent upon the construction of the ground sign identifying the business according to the design,plan and specifications presented to the Zoning Board of Appeals and City Council. No other variances from the City Code for design,plan or specifications for said structure will be permitted. IN WITNESS WHREEOF,this Ordinance has been enacted this day of ,2006 by the City Council of the UNITED CITY OF YORKVILLE. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES JASON LESLIE MARTY MUNNS DEAN WOLFER ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2006. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. Attest: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 630/553-4350 Page 2 of 2 M y�� 5 Reviewed By: J= r§ p Legal ❑ City Council EST. , 7636 Finance ■ Engineer ❑ - Agenda Item Tracking Number 0 �,� , � y City Administrator ■ �; y 9 =O Consultant ❑ ' 1�1 cc"�t I Community ❑ Development City Council Agenda Item Summary Memo Title: Municipal Building Impact Fee City Council/COW/ Committee Agenda Date: COW—March 7th, 2006 Synopsis: Policy for collection of payment for municipal building impact fee Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: N /A Council Action Requested: Discussion on policy proposal, move forward to City Council for a vote Submitted by: Bart Olson Administration Name Department Agenda Item Notes: � � all ( riC' fii r 1 1 MA10P- 5 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE 2006 - AN ORDINANCE AMENDING ORDINANCE NO. 1990-24 AN ORDINANCE SETTING FORTH THE STANDARDS AND REGULATION FOR PAYMENT FOR DEVELOPMENT AND EXTENSION OF UTILITY COSTS UPON ANNEXATION AND/OR PLANNED UNIT DEVELOPMENT TO PROVIDE FOR AN INCREASE IN THE UNITED CITY OF YORKVILLE MUNICIPAL BUILDINGS FEE WHEREAS,the UNITED CITY OF YORKVILLE is currently experiencing a substantial increase in population, together with the need to expand existing municipal services to provide for orderly growth and adequate municipal services, specifically in regard to Municipal Buildings; and WHEREAS,the UNITED CITY OF YORKVILLE has thoroughly reviewed the need for expanding/constructing municipal buildings, and the need for capital expenditures, and the calculations to support increases in the fees provided herein; and WHEREAS,the UNITED CITY OF YORKVILLE has thoroughly reviewed the cost to be incurred to provide for the expansion/construction of Municipal Buildings ; and WHEREAS,the City has determined that the following fees bear a rational relationship to the expenditures anticipated to be incurred by the City to provide for the necessary expansion/construction of Municipal Buildings, including land, design, construction and debt service; and WHEREAS,the UNITED CITY OF YORKVILLE has previously enacted Ordinance No. 1990-24 which set standards and regulations for payment of the extension and development of capital costs for utility and governmental purposes(Said Ord.No. 1990-24 was amended by Ordinance 2003-31,however 2003-31 does not effect this amending Ordinance) ; and WHEREAS, one component of that Ordinance, Section 1(A)(3)was to collect the sum of One Hundred Fifty and 00/00 dollars ($150.00) for"Municipal Public Building". Page 1 of 3 NOW THEREFORE,the UNITED CITY OF YORKVILLE, does upon Motion duly made, seconded and approved by a majority of those voting does hereby ORDAIN: 1. The Preambles, above are incorporated herein. 2. Ordinance No. 1990-24 is hereby amended to increase the Municipal Building Fee from One Hundred Fifty&00/00 dollars ($150.00)to Five Thousand Five Hundred Nine & 00/100 dollars ($5,509)to be paid at time of building permit, however,if said fee is paid for the entirety of the annexed development at the time of the first final plat- Three Thousand Two Hundred Eighty Eight& 00/100 dollars ($3,288)per residential dwelling for each unit annexed, zoned and platted for residential development after the effective date of this Ordinance. 3. The remaining portions of Ordinance No. 1990-24 shall remain in full force and effect but for those portions amended by Ordinance No. 2003-31 which shall also remain in full force and effect. SEVERABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of this Ordinance shall not be affected thereby. REPEALER: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JASON LESLIE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JAMES BOCK Page 2 of 3 APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of A.D. 2006. Mayor PASSED by City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2006. Attest: City Clerk Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 0 C/P. . Reviewed By: J2 i 0.0 Legal City Council Finance ❑ EST. 7636 Engineer ❑ < City Administrator ,i y ❑ Agenda Item Tracking Number O s O Consultant ❑ `� �'� �,� `a ❑ h<CE City Council Agenda Item Summary Memo Title: SSA Tax Policy City Council / COW/ Committee Agenda Date: COW 3/7/06 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: John Wyeth Legal Name Department Agenda Item Notes: qtr o United City of Yorkville Memo J "6 800 Game Farm Road ESL , _ 1836 Yorkville, Illinois 60560 -4 \ Telephone: 630-553-4350 Fax: 630-553-7575 <LE 1�'V Date: March 9, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Amendment to the Special Tax Bond Policy In follow up to the discussion at COW, I have amended the text of the Policy to incorporate a "Notice and Comment" Section regarding other taxing bodies. This provision is found at the end of the Policy. Also attached to this memo is a copy of my March 2, 2006 Memo which is an overview. While you had this in a supplemental pack last week,I wanted you to have it to review prior to the vote. Also attached is the enabling Resolution. While this is in the standard form, I wish to point out the last sentence which makes clear that this Policy will not apply to SSA's that are in process. This issue was raised by Peter Raphael. Specifically,the SSA's that will not be affected by this amendment are Grand Reserve (MPI), Bristol Bay(Centex) and Autumn Creek(Pulte). The City has previously passed Proposing Ordinances for each of these three developments. J4 0 United City of Yorkville Memo 800 Game Farm Road EST. 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 Date: March 2,2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Amendment to the Special Tax Bond Policy The City adopted a Special Tax Bond Policy by Resolution 2002-04 dated March 26, 2002. Attached is a redlined draft of that Policy indicating proposed amendments to the Policy. The amendments contains five basic concepts for amendment, all of which are the product of considerable discussion, review and investigation by the Economic Development Committee including input by citizens, staff and elected officials over the course of the last several months. The five general concepts are: 1. Special Tax obligations are paid off in full at the time of permit, or conveyance by the developer. In this way, a homeowner will not see the tax upon a tax bill after moving into his/her home. 2. The list of approved expenditures was amended, as shown in the redline, eliminating, modifying and amending several items. 3. Requirement that a developer demonstrates to the City the advantages for the City in providing Special Tax Bond funding. 4. Requirement that all policy prerequisites be met prior to providing for a Special Tax in an Annexation Agreement, If the policy cannot be met in advance,then the Annexation Agreement shall provide only that the City may"consider" a request for an SSA. In such a case,the developer would have to request the SSA, and meet the standards of the Policy. 5. Each Special Tax Bond situation shall be treated uniquely and on its own merits. No Special Tax shall be precedent for a future Special Tax. These five items are intended to capture and address the concerns of the City in regard to Special Tax Bonds. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION AMENDMENT TO THE SPECIAL TAX BOND POLICY WHEREAS,the United City of Yorkville has passed a policy concerning Special Tax Bonds, by Resolution No. 2002-24 dated March 26, 2002; and WHEREAS,the City Council of the United City of Yorkville has considered amending said policy, and has discussed said proposed revisions; and WHEREAS, the revisions that the Council now desires to make in the Special Tax Bond Policy are set forth on the attached Exhibit"A"(said Exhibit"A"being a complete restatement of the Special Tax Bond Policy including amendments)which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Special Tax Bond Policy of the United City of Yorkville is hereby restated and amended in the form set forth in Exhibit "A" attached hereto and incorporated herein. The amendments to the Special Tax Bond Policy shall not apply to any development for which a Proposing Ordinance has been adopted. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i � Draft updated 3/20/02 Re,Li neti UQ{�`J7 Ord United City of Yorkville SPECIAL TAX BOND POLICY General Statement: In order to provide more comprehensive public infrastructure for projects undertaken in the City and to help projects meet or exceed the desired standards and guidelines of Yorkville,it is the desire of the City to consider issuing Special Tax Bonds as a municipal financing instrument. The Special Tax Bonds shall be issued as either Special Service Area Bonds (35 ILCS 200/27-5) or Special Assessment Bonds (65 ILCS 5/9-1-1) (the "Bonds"). Such Bonds shall finance public infrastructure for defined areas where the burden of the tax or assessment is limited to that specific area. The City will not be liable or responsible for, nor will it pledge any general obligation or other City revenue for,the repayment of such Special Tax Bonds. The Bonds shall be repaid only from a tax or assessment on the benefited property. No other taxpayers are obligated to pay this special tax. The City has considered the impact upon homeowners punchasing homes subject to a Special Tax on an ongoing basis and has determined that, for residential developments (and specifically not to include commercial developments),the City shall enact only the form of Special Tax, and will issue only the form of Special Tax Bonds (SSA or SAM which involve full pia anent of the tax at the time that a platted lot is sold, or a building permit is issued for the new construction,whichever is indicated by the`City Council at the_ tFormatted;Highlight time that the Special Tax Bond is approved By so doing.no home owner in a Special Tax Area will be subject to the tax.but rather, the tax will be paid in full before occupancy. Eligible Infrastructure Costs: The City will consider the issuance of Special Tax Bonds for the following public costs associated with a proposed project: • Water mains,laterals and qualified water storage and production facilities • Sanitary Sewer interceptors,mains&laterals • Sewer treatment facilities • Storm Sewer facilities --- Formatted:Bullets and Numbering 1 Draft updated 3/20/02 • Roads including signaling Park improvements______________________________ .- Deleted:Rigbtofwaylmdamping& • Offsite land acquisition cost for storm water&detention Eng veering and related profess ional fees¶ improvements including regional or multi-party storm walking paths&sidewalkal water management use Formatted:Bullets and Numbering c_______________________________ __-- Deleted:Certain co�ectian fees • Certain mass grading costs,when a specific need is Formatted:Bullets and Numbering demonstrated • Certain pro-rata costs for police,fire and/or public works facilities related to the project,when a specific need is demonstrated All such costs shall pay for public improvements that are either owned by the public or are the subject to permanent public easements.All such costs shall be reviewed and approved by the City and its bond counsel and financial advisor before issuance. Eligible Projects: The City will consider such Bonds for housing,retail,commercial, - Formatted:Indent:Left: o", office and/or industrial projects. . Prior to consideration of an Hanging: 1.5" SSA,the developer seeking the SSA must demonstrate to the City the advantages of use of the SSA for the particular development. The City shall consider"up fiont provision of infrastructure, accelerated provision of schools,parks and/or other public facilities,and the accelerated extension of city services, as specific reasons to consider enacting an SSA for any given area of the City. It is the policy of the City to consider each request for SSA on its own merits,and no previous SSA shall be considered precedent for considerine a subsequent SSA �---- Formatted:Indent:Left: B", . Hanging: 1.5" Realizing that there is an expenditure of time and effort on the part« Formatted:Indent:Left: 1.5" of the City and its professionals,the City requests that a qualified bond underwriter review all Special Tax Bond proposals for reasonableness and marketability before the formal presentation to the City. The City may further and likely will,hire the services of an independent financial consultant to review the terms of any Special Tax Service Area or Special Assessment Area Bonds,advising the City of the appropriateness of the issue,the marketability,and providing financial advice to the City. Further,the City shall seek an independent Bond Counsel to issue a Legal Opinion Letter ensuring that the City has no direct liability or residual liability on said Bonds. All the consulting fees incurred by the City whether for legal services or independent financial consulting shall be 2 Draft updated 3/20/02 reimbursed to the City out of the Bond proceeds,at the first draw down upon said bonds. Ann xation Agreements: Unless all the criteria set forth herein is demonstrated in Prior to approval,no Annexation Agreement shall grant an entitlement for a Special Tax.An Annexation Agreement may provide that the Owner/Deyeloyer may,at a future date.request funding via a Special Tax,but in such a case, 1)the enactment of the Special Tax shall be at the City's sole discretion,and 2)the Owner/Developer will be regun-ed to comply with the criteria set out in this policy,or any future policy concerning Special Taxes, prior to consideration for approval. --- Formatted:Indent:First line: 0" Noti a and Comment From Taxing Bodies: Prior to approval of any Special Tax Bonds under this Policy,the developer seeking the Special Tax Bonds shall notify all taxing bodies then receiving tax from the subject parcel and solicit comments which shall be delivered to the City Council for consideration in its deliberations regarding the Special Tax Bonds Policies &Procedures: All normal and regular City ordinances,policies,procedures and subdivision control standards shall be followed and required of the proposed project. The City reserves the right to suspend or stop discussion or proceedings concerning Special Tax Bonds at anytime. 3 Draft updated 3/20/02 ��Qlrl �eVs� a►� United City of Yorkville SPECIAL TAX BOND POLICY General Statement: In order to provide more comprehensive public infrastructure for projects undertaken in the City and to help projects meet or exceed the desired standards and guidelines of Yorkville, it is the desire of the City to consider issuing Special Tax Bonds as a municipal financing instrument. The Special Tax Bonds shall be issued as either Special Service Area Bonds (35 ILCS 200/27-5) or Special Assessment Bonds (65 ILCS 5/9-1-1) (the "Bonds"). Such Bonds shall finance public infrastructure for defined areas where the burden of the tax or assessment is limited to that specific area. The City will not be liable or responsible for, nor will it pledge any general obligation or other City revenue for, the repayment of such Special Tax Bonds. The Bonds shall be repaid only from a tax or assessment on the benefited property. No other taxpayers are obligated to pay this special tax. The City has considered the impact upon homeowners purchasing homes subject to a Special Tax on an ongoing basis and has determined that, for residential developments (and specifically not to include commercial developments), the City shall enact only the form of Special Tax, and will issue only the form of Special Tax Bonds (SSA or SAA) which involve full payment of the tax at the time that a platted lot is sold, or a building permit is issued for the new construction, whichever is indicated by the City Council at the time that the Special Tax Bond is approved. By so doing, no home owner in a Special Tax Area will be subject to the tax, but rather, the tax will be paid in full before occupancy. Eligible Infrastructure Costs: The City will consider the issuance of Special Tax Bonds for the following public costs associated with a proposed project: • Water mains, laterals and qualified water storage and production facilities • Sanitary Sewer interceptors,mains & laterals • Sewer treatment facilities • Storm Sewer facilities 1 Draft updated 3/20/02 • Roads including signaling -- Park improvements • Offshe land acquisition cost for storm water& detention improvements including regional or multi-party storm water management use • Certain mass grading costs,when a specific need is demonstrated • Certain pro-rata costs for police, fire and/or public works facilities related to the project,when a specific need is demonstrated All such costs shall pay for public improvements that are either owned by the public or are the subject to permanent public easements. All such costs shall be reviewed and approved by the City and its bond counsel and financial advisor before issuance. Eligible Projects: The City will consider such Bonds for housing,retail, commercial, office and/or industrial projects. . Prior to consideration of an SSA,the developer seeking the SSA must demonstrate to the City the advantages of use of the SSA for the particular development. The City shall consider"up front"provision of infrastructure, accelerated provision of schools,parks and/or other public facilities, and the accelerated extension of city services, as specific reasons to consider enacting an SSA for any given area of the City. It is the policy of the City to consider each request for SSA on its own merits, and no previous SSA shall be considered precedent for considering a subsequent SSA. Realizing that there is an expenditure of time and effort on the part of the City and its professionals,the City requests that a qualified bond underwriter review all Special Tax Bond proposals for reasonableness and marketability before the formal presentation to the City. The City may further and likely will, hire the services of an independent financial consultant to review the terms of any Special Tax Service Area or Special Assessment Area Bonds, advising the City of the appropriateness of the issue,the marketability, and providing financial advice to the City. Further,the City shall seek an independent Bond Counsel to issue a Legal Opinion Letter ensuring that the City has no direct liability or residual liability on said Bonds. All the consulting fees incurred by the City whether for legal services or independent financial consulting shall be 2 Draft updated 3/20/02 reimbursed to the City out of the Bond proceeds, at the first draw down upon said bonds. Annexation Agreements: Unless all the criteria set forth herein is demonstrated in Prior to approval, no Annexation Agreement shall grant an entitlement for a Special Tax. An Annexation Agreement may provide that the Owner/Developer may, at a future date,request funding via a Special Tax, but in such a case, 1)the enactment of the Special Tax shall be at the City's sole discretion, and 2)the Owner/Developer will be required to comply with the criteria set out in this policy, or any future policy concerning Special Taxes, prior to consideration for approval. Notice and Comment From Taxing Bodies: Prior to approval of any Special Tax Bonds under this Policy, the developer seeking the Special Tax Bonds shall notify all taxing bodies then receiving tax from the subject parcel, and solicit comments which shall be delivered to the City Council for consideration in its deliberations regarding the Special Tax Bonds Policies & Procedures: All normal and regular City ordinances,policies,procedures and subdivision control standards shall be followed and required of the proposed project. The City reserves the right to suspend or stop discussion or proceedings concerning Special Tax Bonds at anytime. 3 STATE OF ILLINOIS ) IBC d oos-d )ss COUNTY OF KENDALL ) ORDINANCE NO: 2006- AN ORDINANCE GRANTING REZONING FOR Belinda Lies,Hendra Conrad and Faith Unlimited,Inc. (KIDDIE CAMPUS) FROM"O" OFFICE DISTRICT TO "O" OFFICE DISTRICT SPECIAL USE FOR A DAY CARE CENTER WHEREAS,the City Council, and the Plan Commission of the United City of Yorkville have held all necessary Public Hearings and considered the application of Belinda Lies,Hendra Conrad and Faith Unlimited, Inc., as Owners of the real property legally described in the attached Exhibit"A"for the purpose of modifying and amending the zoning of said real property to provide a change in Zoning from "O" Office District to "O" Office District Special Use for a Day Care Center; and WHEREAS,publication was duly made in the Kendall County Record giving notice to all those interested parties as required under Illinois Compiled Statutes and Ordinances of the United City of Yorkville of the proposed amendment to the Zoning Map of the United City of Yorkville,modifying and amending the zoning of the real property legally described in the attached Exhibit"A" from"O" Office District to "O" Office District Special Use for a Day Care Center. WHEREAS, a positive recommendation has been made from the Plan Commission to the City Council recommending approval of said amendment to the Zoning Map of the United City of Yorkville permitting said property to be zoned"O" Office District Special Use for a Day Care Center. WHEREAS,the Plan Commission has recommended certain conditions be attached to the Ordinance granted pursuant to the Ordinances of the United City of Yorkville as follows: 1. That Owner and its successors, heirs, and assigns shall be permitted all uses on the subject parcel contained in the United City of Yorkville Zoning Ordinance for"O"Office District Special Use for a Day Care Center (a copy of which is attached hereto and incorporated Page 1 of 2 herein as Exhibit`B") including any amendment which may be added to the list of permitted uses by City Ordinance at any time in the future as to permitted uses. NOW THEREFORE,UPON MOTION DULY MADE, SECONDED,AND APPROVED by a majority of those members voting of the City Council of the United City of Yorkville do ORDAIN and APPROVE an amendment to the Zoning Map of the United City of Yorkville changing the zoning of the subject parcel from"0"Office District to"0" Office District Special Use for a Day Care Center. PAUL JAMES MARTY MUNNS JASON LESLIE JAMES BOCK VALERIE BURD ROSE SPEARS DEAN WOLFER JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2006. Mayor PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 2006. City Clerk Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Page 2 of 2 ENS77NG EDGE OF PAVEMEN T—f EXHIBIT A LEGAL DESCRIPTION: THAT PART OF BLOCK 4 OF ClMAPL?ON RIDGE, BEING A SUBDIVISION OF PART STATE OF 's shown on OF THE NOR,lH HALF OF SEC77ON 29, TOWNSHIP 38. NORTH, RANGE 7 EAST OF s THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED :s=iption of MAY 21, 7997 AS DOCUMENT NO. 91-3284 IN THE UNITED CITY OF YORKwLLE, COUNTY C KENDALL COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNED OF SAID BLOCK 4,• THENCE EASTL–RLY ALONG THE This -is to !ss shown SOUTHERLY LINE OF SAID BLOCK, 184.89 FEEFT FOR A POINT OF BEGINNING and that i should be FENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID BLOCK, 234.72 FEcT,• THENCE EASTERLY PARALLEL WITH THE SOUTHERLY LINE OF Dated at Sal embossed SAID BLOCK, 186.21 FEET TO THE EASTERLY LINE OF SAID BLOCK, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK, 210.57 FEET TO A Smith Eng 5. POINT OF CURVAMP,E,• THENCE SOU7HKESTERLY ON A CURD TO THE RIGHT As minimum HAVING A RADIUS O,- 25.0 FEET A DISTANCE OF 38.43 FEET TO A POINT OF TANGENCY ON THE SOUTH LINE OF SAO BLOCK,' THENCE WESTERLY ALONG THE SOUTH LINE OF SAID BLOCK 162.06 FEET TO THE POINT OF BEGINNING, IN [at and THE UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS EXHIBIT B 10-7A-1 10-7A-1 CHAPTER BUSINESS DISTRICTS ARTICLE A. O OFFICE DISTRICT SECTION: 10-7A-1: Uses Permitted 10-7A-2: Special Uses 10-7A-3: Lot Area 10-7A-4: Yard Areas 10-7A-5: Lot Coverage 10-7A-6: Maximum Building Height 10-7A-7: Off-Street Parking and Loading 10-7A-1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkville 10-7A-1 10-7A-1 Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. i Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74). City of Yorkville 10-7A-2 10-7A-7 10-7A-2: SPECIAL USES: Daycare centers. Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord. 1973-56A, 3-28-1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 2003-24, 4-8-2003) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28-1974) September 2003 City of Yorkville E1�'C. 43 PC acc(O-U7 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) I i RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Caledonia,Unit 1 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Caledonia Subdivision,Unit 1; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Caledonia Subdivision,Unit 1 is approved and all appropriate City officials are hereby authorized to execute same. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Fann Road Yorkville, IL 60560 Etc PC ares-q6 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE PNGK FAMILY LIMITED PARTNERSHIP PROPERTY THIS AGREEMENT is made and entered into this day of 2006 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), and of the County of Kendall, State of Illinois (hereinafter referred to as "Owner/Developer"). WITNESSETH WHEREAS, Owner/Developer is the owner of real property which is the subject matter of said Agreement comprising approximately.75 6 acres, more or less, and is more particularly described in the attached Exhibit "A", which is incorporated herein by reference; and WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, Owner/Developer desires to annex the said real property described into the City, its Plan commission has considered the Petition to Annex, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of Owner/Developer and the City; and WHEREAS, Owner/Developer has presented, and the City has considered, the tract, of 1 real property herein described in the attached Exhibit"A" as Office District in order to make said real property a desirable addition to the City; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the City in an orderly manner, and WHEREAS, Owner/Developer and its representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the City Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111-15.1-1 through 51.1-5, inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have and such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree,under the terms and authority provided in 65 ILCS 5111- 15.1-1 through 65 ILCS 5111-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONING. The City shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit"A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit"A" subject to the further terms of this Agreement as Office District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the Office District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the subject property described in the attached Exhibit"A" shall be annexed to the United City of Yorkville by separate Ordinance, in compliance with Illinois Compiled Statutes and shall be zoned"Office"Zoning. (ii) That the subject property shall be developed in strict compliance with the attached Site Plan, which is incorporated herein and made a part hereof by reference as Exhibit`B". (iii) OWNER/DEVELOPER agrees to install additional landscape screening over and above the requirements of the CITY LANDSCAPE ORDINANCE on the South and West of the subject property, where it adjoins residential uses. The City further shall require fencing boundaries at the West and South perimeter of the subject property in a decorative manner to provide said additional screening to the adjoining residential uses. (iv) OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards as shown on a Final Landscape Plan to be approved by the City Planner, shall be planted, although no permanent trees covering utilities on the right-of-way adjacent to the subject real property. (v) That except to the extent eliminated by the City Building Code Enforcement Officer as to parking places, OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit`B" attached hereto and incorporated herein by reference. (vi) OWNER/DEVELOPER shall provide a building setback of 40' from the property line on the South and West adjoining residential uses. (vii) That in all other respects,the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances. B. The Owner/Developer, and successors,heirs, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted, and revised as recommended by the City Council and approved by the City Council of the United City of Yorkville. 2. CITY S AGREEMENTS. A. The City agrees that due to the nature of the non-residential use and zoning classification of said parcel, Owner/Developer has no obligation to pay School Transition Fees or Land-Cash Fees. B. Owner/Developer shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY Water and Sanitary Sewer System at the time of applying for a building permit on the subject real property, and after CITY has approved this Annexation Agreement. Extension of Sanitary Sewer and Water Mains shall conform to City Ordinance. C. Upon Annexation, the Owner will receive police protection, 911 service, Sanitary Sewer, Water and all services as provided by City to its property owners and residents. D. The City will require the Owner to annex to Yorkville Bristol Sanitary District at the time of applying for a building permit seeking to hook up to the Sanitary District and the City Sanitary Sewer System. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner and its successors and assigns shall have the right to sell transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as Owner under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by Owner on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the City. 4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings,to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the city, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the City. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: John Wyeth 800 Game Farm Road Yorkville, IL 60560 To Owner/Developer: PNGK Family Partnership 2956 Beth Lane Naperville,IL 60564 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. hi the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The City agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _day of , 2006. UNITED CITY OF YORKVILLE By: Arthur F. Prochaska, Jr., Mayor Attest: City Clerk OWNER/DEVELOPER: By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S.Bridge Street Yorkville, Illinois 60560 630.553.9500 4� STATE OF ILLINOIS D p ss COUNTY OF KENDALL ) ORDINANCE NO.2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT OF PAYNE ONISHI WHEREAS, it is in the best interest of the UNITED CITY OF-YORKVILLE, Kendall County, Illinois, that a certain Development Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS,said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said . Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65ILCS 5/11-15.1-1,as amended,for the execution of said Development Agreement has been fully complied with; and WHEREAS,the property is contiguous to the City, and is not located within the boundaries of any other Illinois Municipality. 1 NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JOSEPH BESCO MARTY MUNNS VALERIE BURD PAUL JAMES DEAN WOLFER JASON LESLIE ROSE SPEARS JAMES BOCK Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville,IL 60560 630.553.9500 i STATE OF ILLINOIS ) ' SS COUNTY OF KENDALL ) D D ORDINANCE NO. 2005- ORDINANCE ANNEXING THE PROPERTY OF P_ AYNE ONISHI TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS,PAYNE ONISHI,as record owners in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE,have heretofore submitted a Petition for Annexation of said property;and WHEREAS, the development and annexation of said land have been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS,the Petitioners are the Owners of Record of said property and no other electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in 1 accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5111- 15.1-1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any municipality, and WHEREAS,the statutes provide that upon property affirmative vote of amajority of the City. Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE,Kendall County,Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: Section 1: That the property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County,Illinois: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby,extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County,Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be,and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified copy of this Ordinance,together with an accurate map of the territory annexed,which map shall be certified as to its correctness. Section 4: That the property described in Exhibit "A" is hereby annexed and zoned as follows: "Office Use". Section 5: That all Ordinances or portion of Ordinances in conflict herewith be,and they are 2 hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the Mayor and the recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided this day of 2006. JOSEPH BESCO JASON LESLIE VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JAMES BOCK Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D.2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S.Bridge Street Yorkville,IL 60560 630.553.9500 E c. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (PNGK Family Limited Partnership Property, 1100 McHugh Road) WHEREAS, the PNGK Family Limited Partnership Property is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS the PNGK Family Limited Partnership Property, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as"O"—Office District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as"O"Office District as described in attached Exhibit"B" (Legal Description of the Property). Page 1 of 2 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN " DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES, 10 MINUTES, 00 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 1479;25 FEET TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID.SUBDIVISION; THENCE NORTH 72 DEGREES, 02 MINUTES, 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TURRA ROAD, 1360.96 FEET, THENCE SOUTH 49 DEGREES; 29 MINUTES, 08 SECONDS WEST, 886.93 FEET; THENCE NORTH 40 DEGREES; 20, MINUTES, 48 SECONDS WEST, 505.41 FEET.JO THE CENTERLINE OF McHUGH ROAD; THENCE SOUTH 49 DEGREES, 20 MINUTES, 00 SECONDS WEST, ALONG SAID CENTERLINE, 533.68 FEET; THENCE SOUTH 46 DEGREES, 22 MINUTES, 44 SECONDS WEST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY CORNER OF NELLIE BRANDT:°; SUBDIVISION; . THENCE SOI)TH 43_DEGREES, 22 MINUTES, 55 �_. SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION, 229.39 FEET TO THE MOST EASTERLY CORNER .;.; OF SAID SUBDIVISIl*, THENCE SOUTH 46 DEGREES, 41 MINUTES, 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION, 150.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES, 06 MINUTES, 43 SECONDS VIEST, 190.47 FEET; THENCE NORTH 43 DEGREES, -22 MINUTES, 03 SECONDS WEST, 190.05 FEET TO THE CENTERLINE OF McHUGH ROAD;`w.THENCE NORTH 46 DEGREES, 05 MINUTES,: 18 SECONDS EAST, ALONG SAID CENTERLINE, 185.98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES, 22 MINUTES, 03 SECONDS EAST, _ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION, 232.98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP;; KENDALL COUNTY, ILLINOIS. CONTAINING 0.903 !ACRES, MORE OR LESS. NOTE: LEGAL DESCRIPTION TAKEN FROM A PLAT OF SURVEY BY PHILLIP D. YOUNG AND ASSOCIATES, INC., LAND SURVEYING TOPOGRAPHIC MAPPING DATED NOVEMBER 11, 1998. EXHIBIT B 10-7A-1 10-7A-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. O OFFICE DISTRICT SECTION: 10-7A-1: Uses Permitted 10-7A-2: Special Uses 10-7A-3: Lot Area 10-7A-4: Yard Areas 10-7A-5: Lot Coverage 10-7A-6: Maximum Building Height 10-7A-7: Off-Street Parking and Loading 10-7A-1: USES PERMITTED: Advertising agency. Bank. Barber shop. Beauty shop. Bookkeeping service. Club - private indoor. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Credit union. City of Yorkville 10-7A-1 10-7A-1 Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. i Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74). City of Yorkville 10-7A-2 10-7A-7 10-7A-2: SPECIAL USES: Daycare centers. Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord. 1973-56A, 3-28-1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 2003-24, 4-8-2003) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28-1974) September 2003 City of Yorkville 03/14/2006 12:40 FAX 630 553 5764 DANIEL J. KRAMER [6 002/OO2 LAW OFFICES OF f 1 107 SOUTH BRIDGE STREET DANIELJ.KRAMER YORKVILLE,ILLINOIS 60560 KELLYA.KRAMER (630)553-M FAX:(63))553.5161 March 14, 2006 111 v J Mayor Arthur Prochaska Attorney John Wyeth, City Attorney (} United City of Yorkville '_ 800 Game Farm Road l �- Yorkville, IL 60560 RE: Onishi Re-zoning Dear Mayor Prochaska and City Attorney Wyeth: Please be advised that the Petitioner requests to continues consideration of the vote on the Annexation and Zoning of the Onishi Office Request, from your March 14, 2006 Meeting until your April 11, 2006 City Council Meeting. We have submitted a revised Site Plan and a revised Annexation Agreement. My understanding is there are further comments coming from the City Engineer as to some improvement matters he would like to see included in the detail of the plans. Further we want to make sure both Staff and all of the Aldermen have the opportunity to see the revised Site Plan changes, and the comments form City Staff as well as our responses thereto before the Final Vote on this important matter. Therefore at request of Petitioner we do ask to continue consideration until your April 11, 2006 City Council Meeting at 7:00 p.m. Should you have any questions or concerns please feel free to contact me. Verytrul yours, Daniel J_ Kramer, Attorney at Law DJK/cth