City Council Packet 2006 05-09-06 C/Ty
�a United City of Yorkville
800 Game Farm Road
EST. , 1636 Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Tuesday,May 9,2006
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
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: Technology Committee
7:00 p.m., Monday, June 5, 2006 6:30 p.m., Tuesday, May 9, 2006
City Hall Conference Room City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, May 25, 2006
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, June 1, 2006
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, May 11, 2006
City Hall Conference Room
Presentations:
1. Certificate of Recognition to Officer Jon Helland
City Council Meeting Agenda
May 9, 2006
Page 2
Public Hearings:
1. Herb and Pam Kleinwatcher and Old Second National Bank Trust 8051,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 R-2 One-Family Residence District and for hearing as to the Annexation
Agreement of Petitioner. The real property consists of approximately 9.81 acres located on Route 47 south
of Legion Road and north of Ament Road, Kendall Township,Kendall County, Illinois.
2. Pulte Home Corporation, MPLIV 10 LLC, MPLIV 20 LLC and MLH Yorkville, LLC,petitioners, request
an amendment to an Annexation and Planned Unit Development Agreement and request a rezoning to
increase the areas presently zoned B-3 Service Business District and R-3 General Residence District and to
decrease the area presently zoned R-2 One-Family Residence District and to modify the existing Planned
Unit Development approved for a part of the real property. The real property consists of approximately 587
acres at the northwest corner of Galena Road and Route 47, in the United City of Yorkville,Kendall
County, Illinois.
3. Petitioner has requested that this public hearing be postponed to the June 13,2006 City Council meeting.
MPI#6 South Yorkville,LLC,petitioner,request to annex to the United City of Yorkville and rezone from
Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2
One-Family Residence District,R-2 Duplex Two-Family Residence District,R-3 General Residence
District,R-4 General Residence District and B-2 General Business District. The real property consists of
approximately 916.44 acres east of Immanuel Road,north and south of Ament Road,west of Route 47, and
north and south of Walker Road, Kendall Township, Kendall County, Illinois.
4. Revised PUD Ordinance
Citizen Comments:
Consent Agenda
1. PS 2006-15 Police Reports for March 2006
2. EDC 2006-10 Building Permit Report for March 2006
3. PC 2006-01 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 14 - authorize Mayor and City Clerk to execute
4. PC 2006-04 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 15 -authorize Mayor and City Clerk to execute
5. PC 2006-06 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 16 -authorize Mayor and City Clerk to execute
6. PC 2006-14 Resolution Approving the Final Plat of Subdivision for Cozy Corner Subdivision
-authorize Mayor and City Clerk to execute
7. PC 2005-53 Resolution Approving the Preliminary Plat of Subdivision for Hudson Lakes - authorize
Mayor and City Clerk to execute
8. PC 2006-02 Resolution Approving the Final Plat of Subdivision for Yorkshire Estates - authorize Mayor
and City Clerk to execute
City Council Meeting Agenda
May 9,2006
Page 3
Consent Agenda (con't)
9. PW 2006-712005 In-Town Drainage Program—Request for Additional Compensation—approve in an
amount not to exceed$8,410.00 and authorize Mayor to execute
10. PW 2006-87 2005 In-Town Drainage Program—Change Order 412 - approve in an amount not to exceed
$54,770.00 and authorize Mayor to execute
11. PW 2006-73 Resolution Approving Hourly Rates and Expenses for Engineering Enterprises,Inc. -
authorize Mayor and City Clerk to execute
Plan Commission /Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council—March 28, 2006
Minutes of Committee of the Whole—None
Minutes of Downtown Redevelopment Meeting—February 13,2006
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 2,425,393.71 (vendors-FY 05/06)
$ 198,366.25 (vendors -FY 06/07)
$ 173,318.21 (payroll period ending 4/15/06)
$ 2,797,078.17 (total)
Reports:
Mayor's Report:
1. Proclamation for Blue Star Salute Day
2. Proclamation for Poppy Awareness Days
3. Proclamation for Volunteer Week
4. Proclamation for National Public Works Week
5. Proclamation for Click It or Ticket Mobilization
6. Appointment to Committees/Commissions
7. Mayor's Community Volunteer Appreciation Lunch: May 13� at Riverfront Park from
Noon- 2:30 p.m.
City Council Report:
City Attorney's Report:
City Clerk's Report:
1. Appointment of Deputy Clerk
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
City Council Meeting Agenda
May 9, 2006
Page 4
Reports (con't):
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. PC 2005-45 PNGK Family Limited Partnership Property Annexation Agreement and Development
Agreement(Onishi-McHugh Professional Building)
a. Ordinance Authorizing the Execution
b. Ordinance Annexing
c. Ordinance Rezoning
2. PC 2006-21 Resolution Approving the Final Plat of Subdivision for Villas at the Preserve
Public Safety Committee Report:
1. Ordinance Amending City Code Title 6—Traffic, Section 6-2-6 Repealing the Prohibition of Overnight
Parking
Administration Committee Report:
1. No Report.
Additional Business:
Executive Session:
1. Collective negotiating matters between the public body and its employees or their representatives,or
deliberations concerning salary schedules for one or more classes of employees.
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006
,PI 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
City Council Meeting Agenda
May 9,2006
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005–2006 (con't)
�CONOMIC DEVELOPl� __
Committee Departments Liaisons
Chairman: Alderman Mums 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
'LPUBLIC SAFETY
-----------=------------- ---------- — --------- -----------------
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Committee: Alderman Wolfer Schools School District
Committee: Alderman Leslie Public Relations KenCom
Committee: Alderman Bock
MINISTRATIO
--_
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Spears Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Bock
AD-HOC: TECHNOLOGYI
Committee
------- -----------------------
Co-Chairman: Alderman Wolfer
Co-Chairman: Alderman Bock
02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER 2002/011
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STATE OF ILLINOIS
ss. January 16, 2006
COUNTY OF KENDALL ) Revised February 9, 2006
February 13, 2006
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
of
OLD SECOND BANK TRUST #8051
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 OLD
SECOND BANK TRUST # 8051, of Kendall Township, Kendall County, Illinois (hereinafter
referred to as "OWNERS"); (Tax I.D.#05-09-300-003 &05-09-300-009).
WITNESSETH
WHEREAS, OWNERS are the OWNERS of land which lies South and West of and
contiguous to the existing corporate limits of the CITY, and which said real property is more
particularly described in the attached Exhibit"A",which is incorporated herein by reference and;
which is not located within the corporate boundaries of any other municipality; and
WHEREAS, OWNERS desire 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 Annexation, Land Use,and the Zoning of the same at the
request of OWNERS and the CITY; and
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02/27/2006 12:20 FAX Ii30 553 5(64 DANIEL J. KRAMER 4 003/011
WHEREAS, OWNERS have presented, and the CITY has considered, the tract, of real
property herein described in the attached Exhibit "A"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, OWNERS and their representatives have discussed the proposed
Annexation and have had public meetings with the Plan Commission and the City Council, and
prior to the execution hereof, notice was duly published and a Public Hearing was held by the
City Council 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
TLCS 5/11-15.1-1 through 51.1-5 (2004), 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 held 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
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02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER 0 004/011
herein contained, the parties agree, to the terms and authority provided in 651LCS 5111-15
through 65ILCS 5111-15.1-5 (2004), as amended, as follows:
I. 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';
depicted in the attached Exhibit`B"Annexation Plat, attached hereto and incorporated herein by
referenced; 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(B-3 Service Business District Zoning
Ordinance and R-2 Residential District Zoning Ordinance)
Said zoning shall allow the uses, size,density, area, coverage, and maximum building
heights as set forth on Exhibit"C"for(B-3 Service Business District) and as time to time
modified by the CITY. Said real property shall be used and developed in accordance with 65
ILCS 5/11-15.1 through 65/ILCS 5111-15.1-5 (2004), and in accordance with the City
Subdivision Control and Zoning Ordinances.
B. (i) That in addition to the uses permitted above in the B-3 Service
Business District), as the western area of the subject property as described in Exhibit"D"shall be
permitted to be used for all R-2 Residential District as provided in the Zoning Ordinance in the
event OWNERS are unable to develop that portion of said property within_years of
Execution of this Annexation Agreement by the United City of Yorkville, and any uses as time to
time approved in that class by the CITY.
(ii) In the event OWNERS desire to modify said Flex Zoning and develop
the real property described in the attached as Exhibit"D".
C. The OWNERS, and successors, heirs, and assigns hereby agree that prior
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02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER (a 005/011
to issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville;or that said real property shall
be subdivided according to CITY Ordinances if multiple lots are sought.
2. CITY'S AGREEMENTS,
A. The CITY agrees that due to the nature of the non-residential use and
zoning classification of a portion of the parcel described in Exhibit"A"and Exhibit"D",
OWNERS has no obligation to pay School Transition Fees or Land-Cash Fees for the portion of
the subject parcel described in Exhibit"A"and Exhibit"D"which is used for the purpose
provided under the CITY B-3 Business District.
B. OWNERS agrees that School Transition fees to the Yorkville School
District shall be paid per residential dwelling unit in said subdivision as required by City
Ordinance at the time of a residential zoning class being granted upon the issuance of a building
permit for each residential dwelling unit; and Development fees per residential dwelling unit to
the CITY, and other fees to the CITY in conformance with the City Ordinances or as modified by
the CITY. Said School Transition fees, development fees, and other fees shall be paid per
residential dwelling unit concurrent with and prior to the issuance of each respective subject
residential dwelling unit building permit. Said fees are being paid voluntarily and with the
consent of OWNERS and Developer based upon this contractual agreement voluntarily entered
into between the parties after negotiation of this Agreement. OWNERS and Developer
knowingly waives any claim or objection as to amount of the specific fees negotiated herein
voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any
real property zoned and used for business, office, or manufacturing purposes under the terms of
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02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER a008/011
this Agreement.
C. OWNERS shall be allowed one free Sanitary Sewer Tap to the CITY
Sanitary Sewer Mains (up to 6"when available); and one free Water Main Tap to the CITY
Water mains(up to 2" when available), and a meter therefore as to the real property described in
the attached Exhibit"A". Nothing contained herein shall waive any Recorded Recapture
Agreement payments which may be required to be paid upon hooking up to CITY Water and
Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property
being within any Recapture Service Area; or any fees charged by other governmental agencies.
D. CITY agrees to rebate to the OWNERS within 30 days of the presentation
of the paid Real Estate Tax Bill to the City Treasurer, the CITY'S portion for the CITY and
Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the CITY
until the property is developed,by reason of a building permit being issued, upon a Final Plat of
Subdivision being recorded for any portion of the subject real property,whichever occurs first
E. . OWNERS shall not be required by CITY to hook-on to the CITY Water or
Sanitary Sewer System at the time of entering into this Annexation Agreement, but may do so
upon their desire to obtain those services,when available to the subject property.
F. Upon annexation, the OWNERS will receive police protection, 911
service and library service as provided by CITY.
G. The CITY will not require the OWNERS to annex to Yorkville Bristol
Sanitary District or other applicable sanitary district, until platting or application for a building
permit seeking to hook up to the CITY sewer system is sought by OWNERS. Property
OWNERS agrees to cooperate with other entities to formulate a separate agreement to allow for
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02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER [a 007/011
contiguity of other properties to a Sanitary District if requested.
H. OWNERS shall be permitted to continue their existing agricultural uses on
the subject real property as a legal non-conforming uses until the subject real property is
developed.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that OWNERS 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 OWNERS 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 OWNERS 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
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02/27/2006 12:21 FAX 830 553 5764 DANIEL J. KRAMER a008/011
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: Daniel J.Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To OWNERS: Herb&Pam Kleinwatcher
1201 Game Farm Rd.
Yorkville,IL 60560
or to such other addresses as any party may 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
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Q2/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER la 009!011
secure the performance of the covenants herein contained.
In 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,
10. The CITY shall rebate the Real Estate Taxes for any year that farming has occurred
for the entire year and will cease upon the development taking place on the subject real property.
02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER a010/011
IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this
day of 200.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By:
Arthur F. Prochaska,Jr., Mayor
Attest:
City Clerk
OWNERS: Old Second Bank Trust#8051
By:
HERBERT KLEIN WACHTER, as Trustee under
TR#8051
PAMELA KLEINWACHTER, as Trustee under
TR#8051
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER 12 011/011
EXHIBIT LIST
Exhibit A Legal description for entire parcel
Exhibit B Annexation plat
Exhibit C B-3 Service Business District Zoning Ordinance and uses
Exhibit D B-3 zoned area legal description
Exhibit B - R-2 zoned area legal description
Exhibit F R-2 Single Family Residential District Zoning Ordinance and uses
—x0—
DRAFT-CLB-5/4/06
FIRST AMENDMENT TO ANNEXATION AGREEMENT AND
PLANNED DEVELOPMENT AGREEMENT
(GarritanoBrummel Property)
THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED
DEVELOPMENT AGREEMENT ("First Amendment") is made and entered as of the
day of , 2006 by and between MPLIV 10, LLC, MPLIV 20, LLC AND
MLH YORKVILLE, LLC (collectively, "OWNERS"), PULTE HOME CORPORATION, a
Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a
municipal corporation organized and existing under and by virtue of the laws of the State of
Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen
("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes
hereinafter referred to individually as a "Party" and collectively as the "Parties" to that certain
Annexation Agreement and Planned Development Agreement dated September 27, 2006 by and
between the Parties (the "Agreement").
CHOI/12472264.3
RECITALS:
A. OWNERS and DEVELOPER are the owners of record of certain parcels of real
estate legally described on Exhibit A attached hereto (hereinafter referred to as "SUBJECT
PROPERTY").
B. By the Agreement, OWNERS and DEVELOPER intended to and did, in fact
annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently within
the existing corporate limits of the CITY.
C. By the Agreement, OWNERS and DEVELOPER provided for the development
of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms
and provisions of the Agreement.
D. By the Agreement, OWNERS, DEVELOPER and CITY provided that the
SUBJECT PROPERTY would be rezoned under the City Zoning Ordinance ("Zoning
Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning
Ordinance with a Special Use for a Planned Development as an age-restricted community
consisting of attached and detached single-family residences on approximately 254 acres legally
described on Exhibit B-1 attached thereto (the "Age-Restricted Residential Parcel") and
depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning
Consultants dated August 1, 2005 (the "Concept Plan") attached thereto as Exhibit D and
depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc.
comprised of 16 pages dated September 2, 2005 (the "Preliminary PUD Plan") attached thereto
as Exhibit E, (ii) an R-2 Single Family Residence District as a community consisting of
detached single-family residences on approximately 297 acres legally described on
Exhibit B-2(1) and (2) attached thereto (the "Conventional Residential Parcel") and depicted
as Neighborhoods 11, 12, 13, 14 and 15 on the Concept Plan (the Age-Restricted Residential
CHOU 12472264.3 2
Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as
the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted
Uses in the B-3 Business District, on approximately 32 acres, legally described in Exhibit C
attached thereto (the"Commercial Parcel") and as depicted as commercial on the Concept Plan.
E. MPLIV 20, LLC and MLH YORKVILLE LLC,the OWNERS of the Commercial
Parcel, intend to sell the Commercial Parcel (as described in this First Amendment) to a
developer of commercial properties (the "COMMERCIAL DEVELOPER') who will develop
the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set
forth herein.
F. The Parties to the Agreement intended that the Agreement serve as an Annexation
Agreement for the entire SUBJECT PROPERTY and as a Planned Development Agreement for
the Age-Restricted Residential Parcel.
G. The Parties deem it necessary and appropriate to amend the Agreement (a)to
provide that the zoning of the SUBJECT PROPERTY as set forth in the Agreement be modified
a follows: (i) an R-3 Single-Family Residence District under the CITY Zoning Ordinance with a
Special Use for a Planned Development as an age-restricted community consisting of detached
single-family residences on approximately 312 acres legally described on Exhibit B-1 attached
hereto (the "Age-Restricted Residential Parcel") and depicted as Neighborhoods 1 through 14
on the Land Plan prepared by SEC Planning Consultants dated February 23, 2006 (the"Concept
Plan") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan
prepared by Smith Engineering Consultants, Inc. comprised of 9 pages dated February 23, 2006
and revised March 23, 2006 (the "Preliminary PUD Plan") attached hereto as Exhibit E, (ii) an
R-2 Single Family Residence District as a community consisting of detached single-family
CHOI/124722643 3
residences on approximately 161 acres legally described on Exhibit B-2 attached (the
"Conventional Residential Parcel") and depicted as Neighborhoods 15 and 16 on the Concept
Plan (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein
sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District
with the uses listed as Permitted Uses in the B-3 Business District, on approximately 110 acres,
legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as
commercial on the Concept Plan and (b)to provide the additional covenants and agreements as
are set forth in this First Amendment.
H. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this First Amendment. The Plan
Commission conducted a Public Hearing regarding the requested rezoning on April 12, 2006 and
conducted a Public Hearing regarding the Preliminary PUD Plan for the Active Adult Parcel on
April 12, 2006. The City Council conducted the public hearing on the First Amendment to
Annexation Agreement and Planned Development Agreement on May 9, 2006.
I. The CITY and OWNERS and DEVELOPER have given all appropriate notices
due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City
Code.
J. The Corporate Authorities, after due and careful consideration, have concluded
that the execution of this First Amendment to Annexation Agreement and Planned Development
Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as
provided for herein,will inure to the benefit and improvement of the CITY in that it will increase
the taxable value of the real property within its corporate limits, promote the sound planning and
CHOI/12472264.3 4
development of the CITY and will otherwise enhance and promote the general welfare of the
people of the CITY.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree that the Agreement is hereby amended
and restated to read as follows:
1. ZONING. Within thirty (30) days following the execution of this First
Amendment,the Corporate Authorities shall adopt such ordinance as may be necessary to rezone
the SUBJECT PROPERTY under the provisions of the City Zoning Ordinance ("Zoning
Ordinance") as follows: (i) an R-3 Single-Family Residence District under the CITY Zoning
Ordinance with a Special Use for a Planned Development as an age-restricted community
consisting of detached single-family residences on approximately 312 acres legally described on
Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel") and depicted as
Neighborhoods 1 through 14 on the Land Plan prepared by SEC Planning Consultants dated
February 23, 2006 (the "Concept Plan") attached hereto as Exhibit D and depicted on the
Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, h1c. comprised of 9
pages dated February 23, 2006 and revised March 23, 2006 (the "Preliminary PUD Plan")
attached hereto as Exhibit E, (ii) an R-2 Single Family Residence District as a community
consisting of detached single-family residences on approximately 161 acres legally described on
Exhibit B-2 attached (the "Conventional Residential Parcel") and depicted as Neighborhoods
15 and 16 on the Concept Plan (the Age-Restricted Residential Parcel and the Conventional
Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels")
and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business
District, on approximately 110 acres, legally described in Exhibit C attached hereto (the
CH0 1/1247226 4.3 5
"Commercial Parcel") and as depicted as commercial on the Concept Plan, provided that
interim use of all or any portion of the SUBJECT PROPERTY as agricultural shall be permitted
as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually
developed.
2. VARIATIONS FROM LOCAL CODES. In addition to the specific
modifications and deviations from the CITY's ordinances, rules, and codes as set forth in
Exhibit F attached to the Agreement, the lots to be developed within the Conventional
Residential Parcel may contain a lot area of 10,000 square feet each, or more, as determined by
DEVELOPER; provided, however, that any lot containing less than 12,000 square feet must be
adjacent to open space or a detention area.
3. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. The
following is added at the end of the first full paragraph of Section 17 of the Agreement:
"Furthermore, at DEVELOPER'S option, model homes may be constructed in unplatted areas
prior to Final Plat Approval with the understanding that such construction shall be at
DEVELOPER'S sole risk. No more than six (6) models may be constructed at any time in
unplatted areas. The Building Department shall issue building permits applied for on any lots
without separate PINS with the understanding that at such time as a separate PIN is issued for
any such lot, DEVELOPER shall provide the PIN to the CITY for the lot."
4. COMMON FACILITIES IN AGE-RESTRICTED RESIDENTIAL
PARCEL. Exhibit M attached hereto, being the depiction of the Common Facilities for the
Planned Unit Development Age-Restricted Residential Parcel is hereby substituted for
Exhibit M to the Agreement.
(SIGNATURE PAGE TO FOLLOW)
CHOI/12472264.3 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNERS:
MPLIV 10,LLC
By:
Name:
Its:
MPLIV 20,LLC
By:
Name:
Its:
MLH YORKVILLE, LLC
By:
Name:
Its:
CHO V 12472264.3 7
DEVELOPER:
PULTE HOME CORPORATION
By:
Name:
Its:
and
By:
Name:
Its:
CITY:
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By:
Name:
Its:
Attest:
Name:
Its:
CHOU 12472264.3 8
LIST OF EXHIBITS TO FIRST AMENDMENT
EXHIBIT A Legal Description of SUBJECT PROPERTY
EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential
Parcel
EXHIBIT B-2 Depiction and Legal Description of R-2 Conventional Residential
Parcel
EXHIBIT C Depiction and Legal Description of B-3 Commercial Parcel
EXHIBIT D Concept Plan For SUBJECT PROPERTY
EXHIBIT E Preliminary PUD Plan for Age-Restricted Residential Parcel
EXHIBIT M Common Facilities for Age-Restricted Residential Parcel
CHOI/12472264.3 9
EXHIBIT A TO FIRST AMENDMENT
LEGAL DESCRIPTION OF SUBJECT PROPERTY
CHOl/12472264.2
PARCELI:
THAT PART OF THE WEST 112 OF SECTION 4,PART OF SECTION 5,PART OF THE
NORTHEAST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION
9,ALL IN TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER
LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE
WEST LINE OF THE EAST 1/2 OF SAID SECTION 5;THENCE NORTH 0 DEGREES 02
MINUTES 49 SECONDS WEST ALONG SAID WEST LINE,2673.13 FEET TO A POINT
2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 5;THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS WEST
1323.10 FEET;THENCE NORTH 0 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56
FEET TO THE NORTH LINE OF SAID SECTION 5;THENCE SOUTH 89 DEGREES 41
MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTH-
WEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5;THENCE SOUTH 00
DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTH-
EAST 1/4 1828.36 FEET;THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80
FEET TO THE CENTER LINE OF ROB ROY DITCH;THENCE SOUTH 0 DEGREES 22
MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET;THENCE SOUTH
2 DEGREES 43 MINUTES 14 SECONDS WEST ALONG SAID CENTER LINE 300.01 FEET;
THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET;THENCE SOUTH 0
DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET;THENCE NORTH 89 DE-
GREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE
WEST 1/2 OF SAID SECTION 4;THENCE SOUTH 0 DEGREES 02 MINUTES 57 SEC-
ONDS EAST ALONG SAID EAST LINE 991.84 FEET;THENCE SOUTH 89 DEGREES 09
MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB
ROY DITCH;THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS WEST ALONG
SAID CENTER LINE 1373.75 FEET;THENCE SOUTH 30 DEGREES 24 MINUTES 07
SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF
SAID GALENA ROAD;THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG
SAID CENTER LINE,3318.05 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5,
TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING
SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF
THE NORTHWEST 1/4 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST
CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER
LINE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH
QUARTER CORNER,
AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST 1/4 OF
SECTION 5 AND THE NORTHWEST I/4 OF SECTION 4 TOWNSHIP 37 NORTH
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED AS
FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
SAID SECTION 5;THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF
SAID SECTION 5,A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY
CONVEYED TO THE LASALLE NATIONAL BANK,AS TRUSTEE UNDER TRUST AGREEMENT
DATED FEBRUARY 10,1967,KNOWN AS TRUST NO.35913 RECORDED AS DOCUMENT
NO. 154368 IN BOOK 152,PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND
OCCUPIED,HEREINAFTER REFERRED TO AS LINE"B",FOR THE POINT OF BEGINNING;
THENCE EAST ALONG SAID LINE"B",A DISTANCE OF 3596.80 FEET TO THE CENT
ER LINE OF ROB ROY DITCH;THENCE SOUTHERLY ALONG THE CENTER LINE OF
ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS
TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,A
DISTANCE OF 205.00 FEET TO THE INTERSECTION WITH A LINE 205.00 FEET
PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE
'B';THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF
3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5;
THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO
THE POINT OF BEGINNING,
AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING
EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,IN KENDALL
COUNTY,ILLINOIS.
AND ALSO EXCEPT THAT PART,IF ANY,FALLING IN PARCEL 2,ALL IN KENDALL
COUNTY,ILLINOIS.
PARCEL2:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 114 OF
SECTION 6,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF
SECTION 5;THENCE EAST ALONG THE SECTION LINE 1331.4 FEET;THENCE
SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 7 MINUTES
MEASURED FROM WEST TO SOUTH FROM THE SECTION LINE,2321.5 FEET;THENCE
WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES,
MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED COURSE,
1328.7 FEET TO THE WEST LINE OF SECTION 5;THENCE SOUTHERLY ALONG
THE SECTION LINE,FORMING AN ANGLE OF 89 DEGREES 27 MINUTES,MEASURED
FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE,146.4 FEET;THENCE
WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES,MEAS-
URED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET;THENCE
NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES,MEAS-
URED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE,2461.1 FEET
TO THE NORTH LINE OF SECTION 6;THENCE EASTERLY ALONG SAID NORTH LINE
1534 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6,TOWN-
SHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,LYING SOUTH
AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT APOINT 1876.07
FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6,SAID POINT BEING
ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY
BY DOCUMENT NO.73-2841(TRACT 1);THENCE WEST ALONG SAID NORTH LINE
1133.17 FEET TO A POINT OF INTERSECTION WITH A LINE 415.0 FEET PERPENDIC-
ULARLY DISTANT EAST OF AND PARALLEL WITH THE EAST LINE OF THE LAND
CONVEYED TO EARL P.AND EMMA V.KONICEK BY DEED RECORDED AS DOCUMENT
NO. 136414 IN BOOK 126,PAGE 41;THENCE NORTH ON SAID PARALLEL LINE,
ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH
EDISON COMPANY BY DOCUMENT NO.73-2841 (TRACT 1),1897.19 FEET TO THE
NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION;
AND ALSO EXCEPT THAT PART OF THE NORTHWEST 114 OF SECTION 5,TOWNSHIP
37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY
OF A LINE EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID
NORTHWEST 1/4 OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH
CENTER LINE OF SECTION 5,WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH
QUARTER CORNER OF SAID SECTION 5,ALL IN THE TOWNSHIP OF BRISTOL,KENDALL
COUNTY,ILLINOIS.
PARCEL3:
THAT PART OF THE WEST HALF OF SECTION 5 TOWNSHIP 37 NORTH,RANGE 7,EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER,642.93 FEET TO
A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD;
THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES,56 MINUTES 02
SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED CLOCKWISE THEREFROM,100.00 FEET
TO A POINT WHICH IS 169.50 FEET,AS MEASURED PARALLEL WITH SAID EAST LINE,SOUTHERLY
OF SAID ORIGINAL CENTER LINE;THENCE NORTHERLY PARALLEL WITH SAID EAST LINE,169.50 FEET TO SAID
ORIGINAL CENTER LINE FOR THE POINT OF BEGINNING;THENCE NORTHERLY PARALLEL
WITH SAID EAST LINE,14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED
ON A PLAT RECORDED JUNE 5,1964 AS DOCUMENT NUMBER 145193;THENCE WESTERLY ALONG
SAID PRESENT CENTER LINE,1,675.69 FEET TO A POINT OF CURVATURE;THENCE WESTERLY ALONG
SAID PRESENT CENTER LINE,BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS
OF 42,975.00 FEET,933.19 FEET;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,64.12
FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER;THENCE NORTHERLY ALONG SAID WEST
LINE,957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE NORTHERLY
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5,920.88 FEET TO A
POINT WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST
QUARTER;THENCE EASTERLY,2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF
WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF,2,686.96 FEET TO SAID ORIGINAL
CENTER LINE;THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE,101.94 FEET TO THE POINT
OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS.
EXHIBIT B-1 TO FIRST AMENDMENT
DEPICTION AND LEGAL DESCRIPTION OF R-3
AGE-RESTRICTED RESIDENTIAL PARCEL
CI-I011 12472264.2
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DEPICTION AND LEGAL DESCRIPTION OF THE R-2
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CHOV 12472264.2
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DEPICTION AND LEGAL DESCRIPTION
OF B-3 COMMERCIAL PARCEL
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CONCEPT PLAN FOR SUBJECT PROPERTY
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DOMMERMUTH, BRESTAL, COBINE & WEST, LTD.
ATTORNEVS AT LAW
WILLARD F BRESTAL 123 WATER STREET
CRAIG J COBINE POST OFFICE BOX 565
KATHLCEN C.WEST
ROBERTG GIBSON NAPERVILLE, LLINOIG 0666-0566
EDWARD J.WELCH IWO)355-5600
KEVIN M GENSLER
JOHN PI-IILIPCHLICK FAx(6ao)ap6-ss�s
KEVIN M GALLAHER
CV ARLCS J.CORRIGAN
JAM6�i H.S6111NA
VAIIIA H6HN1$AHU
HUMIELL G.WHI I AKLR,III
VINUEN I M.HUSANOVA
ALBIN DOMMEOMLITH
1310-1990
May 4, 2006
Honorable Mayor Arthur Prochaska and Aldermen
CITY OF YORKVILLE
800 Game Farm Road
Yorkville,Illinois 60560
Re! MPI-6 Yorkville South Annexation and Preliminary Plan and Plat
Dear Mayor Prochaska and Aldermen:
MPI-6 Yorkville South,LLC,is requesting that the above-referenced matter,which was scheduled
for the May 9, 2006, City Council meeting for public hearing on the annexation agreement, be
continued to the June 13, 2006; City Council meeting. The petitioner is requesting the additional
time to work out the outstanding issues with regard to the utilities necessary to service the proposed
development.
Thank you for your consideration in this matter.
AVe lyBernhard
121775//
51913/1
Ti, b)Ic, -�enrin -4q
`QED CIP Reviewed By: J
J= T Legal ❑ City Council
Es �® 1836 Finance ❑
EST
Engineer ❑
4 y City Administrator ❑ Agenda Item Tracking Number
9 ate^ 20 Consultant ❑
❑
SCE
City Council Agenda Item Summary Memo
Title: Zoning Ordinance—Chapter 13 Planned Unit Development Recommended Modification
City Council/COW/ Committee Agenda Date: April 27, 2006
Synopsis: Recommended revision would process PUD requests as a Zone Map Amendment,
allow petitioner entitlement of unit count and density at concept level, and allow
staff to better administer/track PUDs
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:
J�.�e.o C'r 0 United City of Yorkville Memo
800 Game Farm Road
EST 1 e_ 1836 Yorkville, Illinois 60560
A-� Telephone: 630-553-8545
�� p Fax: 630-553-3436
<GE
Date: April 13,2006
To: EDC
From: Travis Miller, Community Development Director
Subject: PUD Ordinance Recommended Modifications
The Plan Commission conducted a public hearing April 12,2006 regarding the
recommended PUD Ordinance modifications and unanimously moved to forward a
favorable recommendation to City Council to approve the recommended Zoning
Ordinance text amendment.
Purpose of recommended modifications
Timing and Expense for petitioner:
The current PUD Ordinance requires the petitioner to complete a preliminary plan which
includes preliminary engineering,preliminary landscape plans and photometrics, all
involving considerable time and expense in preparation without any approval or
entitlement resulting in somewhat of a hardship for petitioners who choose to request a
PUD.
PUD should be unique:
Furthermore,the current ordinance merely provides a tool for applicants to request
several variances and special approvals without necessarily providing the City with any
benefits in return. A PUD should provide attributes in excess of conventional zoning and
the ordinance should describe what these attributes should generally address such as
special architectural standards, incorporating natural or historically significant site
elements or providing a mix of land uses not allowable with conventional zoning.
Administration/Record Keeping:
With the exception of Agriculture,the current zoning provisions allow PUDs as a Special
Use in all of the existing zoning classifications. By administering a PUD as a Special
Use,the underlying zoning is reflected on the City's Zoning Map without a method to
easily identify which areas are governed by a PUD without researching each property.
By establishing a PUD zoning classification in the ordinance,the City can more easily
administer development projects by depicting the areas as such on the zoning map and
codifying each to correspond to the PUD Concept Plan on file describing the allowable
uses and restrictions within the PUD.
Recommendations:
Attached is Zoning Ordinance 10-13 Planned Unit Development Ordinance with
recommendations incorporated to text. New text is highlighted and text to remove is
struek tkoegh..
As you will note during your review, additional language has been recommended to
describe the Purpose of the PUD including a clear statement explaining that a PUD
should provide value to the City over and above a conventional zoning district and lists
attributes that shall generally be provided. The changes to procedures for reviewing and
approving a PUD are recommended to allow for the Concept Plan to become, essentially,
the zoning map for the subject property. This recommendation requires two public
hearings and additional review by the Plan Council during the Concept Plan stage and
includes procedures similar to zoning amendments.
Draft Revised 04/13/06
COUNTY OF KENDALL )
) ss
STATE OF ILLINOIS )
ORDINANCE NO.
AN ORDINANCE ADOPTING THE REVISED
PLANNED UNIT DEVELOPMENT ORDINANCE
IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
SECTION:
10-13-1: Purpose
10-13-2: Procedure
10-13-3: Delineation on Zoning Map
10-13-4: Pre-Application Conference
10-13-5: Concept PUD Plan and Amendment of Zone Classification to
Planned Unit Development
10-13-6: Preliminary PUD Plan
10-13-7: Development Standards
10-13-8: Fees
10-13-9: Severability
10-13-10: Repeal of Conflicting Ordinances
10-13-11: Effective Date
10-13-1: PURPOSE:
The purpose of this Ordinance is to provide for an alternative zoning procedure
for innovative developments that provide value to the community over the
conventional zoning district and which is consistent with the Comprehensive Plan
and intent of the zoning ordinance. Planned Unit Developments (PUD) are
intended to encourage the most imaginative and best possible design of building
forms and site planning for tracts of land where unitary plans would best adapt to
topographic and other natural features of such sites. Under this procedure, well
planned residential, industrial, commercial and other types of land use,
individually or in combination, may be developed with design flexibility. Planned
developments must be environmentally compatible. They should have a more
beneficial effect upon the health, safety and general welfare of the people of the
1
Draft Revised 04/13/06
city and particularly, in the immediate surroundings, than developments built in
conformity with standard district regulations.
additional standards are establis-hed to guapd against th8iF U661 solely as a FAeaR6
of intensifyiRg the use of la-Rd- If building density is increased above densities
allowable by the zoning district in which the use would be permitted on a
particular portion of a PUD then the amount of open space, retention of existing
vegetation, buffer areas, new landscape, public commons, community open
space, and parks shall be evaluated for proportionate increase for the remainder
of the PUD.
The Planned Unit Development district shall generally provide attributes in
excess of conventional City Zoning, Building and other land use requirements by
(this list being representative and not exhaustive):
a. Providing a maximum choice of living environments by allowing a variety
of housing and building types;
b. Demonstrating excellence in environmental design and the mitigation of
land use factors or impacts;
c. Promoting a more useful pattern of open space and recreation areas
incorporated as part of the project and that is compatible with the
immediate vicinity;
d. Utilizing materials and design of buildings, signs and the site that provide
for a unified theme throughout the development;
e. Providing substantial landscaping with emphasis given to streetscape
areas, buffer zones, and the provision of significant landscaping (in terms
of size of landscape areas and quantity and quality of landscape
materials) within the developed portions of the site;
f. Incorporating a consistent architectural theme which is unique to the
specific site and surrounding community through the use of materials,
signage and design. Generic corporate architecture and big box designs
are strongly discouraged but not prohibited. Uses should be designed
according to the limitation of the site rather than the removal of the
limitations. Specific design details such as roof parapets, architectural
details, varying roof heights, pitches and materials and building colors and
materials should be addressed;
g. Retain, utilize and incorporate historic features on the project site into the
overall project design if physically and economically feasible; and/or
h. Provide a consistent signage theme. The use of signage design guidelines
is required for multi-phased projects.
10-13-2: PROCEDURE:
Because a PUD is a rezoning, the public hearing and findings of fact shall follow
the procedure as outlined within Zoning Ordinance 10-14-7 as well as those
2
Draft Revised 04/13/06
outlined below. In the event of a conflict, these procedures will control. The
approval process includes the following stages:
A.Pre-application conference.
B.Concept PUD plan and Zone Map Amendment.
C.Preliminary PUD plan.
10-13-3: DELINEATION ON ZONING MAP:
Approved planned unit developments shall be delineated and designated PUD
and by number on the zoning district map. A file, available for inspection by the
public, shall be maintained by the zoning officer for each planned development
so designated. The file shall contain a record of the approved development plan
and all exceptions authorized therein.
following stagesi
A.Pre application
B.GGR%pt plan
10-13-4: PRE-APPLICATION CONFERENCE:
A.Purpose: The purpose of the pre-application conference is to provide advice
and assistance to the applicant before preparation of the concept plan of
so that the applicant may receive input on:
1. Whether the proposed planned unit development will be in conformity with
the comprehensive plan and the goals and the policies of the city of Yorkville.
2. Whether the zoning classification of planned unit development is
appropriate for the development.
B.Procedure: Prior to filing an application for approval of a planned unit
development, the petitioner shall be required to contact the city administrator
or his designee to arrange an informal preapplication meeting with city staff
and its consultants.
The preapplication conference shall be held with staff. At such conference the
applicant shall provide information as to the location of the proposed planned
unit development, the land use types and approximate area of proposed land
uses, a list of any and all exceptions to the zoning ordinance and subdivision
regulations; and other information necessary to clearly explain the planned
unit development.
Staff shall review and provide input on the proposal's compatibility with the
comprehensive plan and the goals and policies for planning of the city and
3
Draft Revised 04/13/06
advise the applicant on the information, documents, exhibits, and drawings on
the proposal that should be included in the application to the city for a
planned unit development.
10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE
CLASSIFICATION TO PLANNED UNIT DEVELOPMENT:
A. Purpose: The presentation of the concept plan and requesting an amendment
to the zone map is the first step in the planned unit development process. The
purpose of the concept plan is to enable the applicant to obtain the epinieas
and-recommendations of the city staff, park board (residential developments
only) and plan commission and city council approval of concept, density and
dwelling unit number prior to spending considerable time and expense in the
preparation of detailed preliminary PUD plans.
B. Procedure: Not less than thirty (30) days before the next available park board
planning meeting or plan commission meeting, the applicant shall file an
application with the clerk's office for review of conceptual planned unit
development plan. The application shall consist of the following
documentation:
1. A completed application form.
2. An aerial photograph exhibit of the property taken within the last two (2)
years. The aerial photograph exhibit shall not be less than one inch equals
four hundred (1" = 400) scale and shall include the following:
a. Name of proposed development.
b. Outline of property boundaries.
c. Adjacent area within one-fourth (1/4) mile of property.
3. A zoning plat including a legal description of the property to be included in
the Planned Unit Development.
4. A written explanation of the general character of the proposed planned unit
development that shall include the following:
a. a description of all land uses to be included in such district (including
open space) with percentages of each use;
b. projected densities for each residential use;
c. a description of the development standards and design criteria
applicable to the proposed planned unit development;
d. an outline describing why the property should be developed as a
planned unit development;
4
Draft Revised 04/13/06
e. Identification of the conventional zoning classification allowing the uses
for each land use type included;
f. a list of requested exceptions to applicable city ordinances and codes.
5. A conceptual planned unit development map or plan. The plan shall include
the following:
a. North arrow, scale and date of preparation.
b. Name and address of the site planner, engineer or surveyor who
prepared the plan.
c. Name of property owner.
d. Name of petitioner/developer.
e. Proposed name of the planned unit development.
f. Proposed land uses.
g. Total acreage and percent of the site devoted to each land use.
h. Location of proposed streets aad lets.
i. Proposed dedication of land for school and park sites, if applicable.
j. Land area to be used for open space such as storm water basins, buffers,
parks and trail corridors.
k. Proposed approximate building footprints and estimated floor area for all
nonresidential structures, if any.
I. Approximate Maximum number of residential units.
m. Approximate Gross and net densities.
n. Wetlands, floodplain and floodways obtained from published data.
o. Location of lakes, ponds, streams and drainage swales.
p. Existing vegetation including description of predominant vegetation types
and sizes.
q. Existing contour lines with a minimum of five foot (5') intervals obtained
from published data.
5
Draft Revised 04/13/06
r. Location of existing and/or proposed water, sanitary and storm sewer
systems intended to serve the development.
s. Proximity to existing and proposed transportation corridors and a written
statement with regard to transportation impacts due to this PUD.
t. Written description of how the existing utilities are planned to be extended
to serve the development.
u. Any other data reasonably necessary to provide an accurate overview of
the proposed development.
v.
planned unit developmeRt.
and cedes
6. Other documents may be requested by the city if it is determined
necessary to clearly describe the planned unit development.
7. The clerk's office shall have the application reviewed for completeness. If
the application is not complete, the applicant will be notified by the clerk's
office as to the deficiencies. The application will not be forwarded on for
review until the application is complete.
C.Plan Council Review: Upon receipt of all the required submittals, the clerk's
office shall distribute copies of the application and supporting documentation
to members of the plan council. The plan council shall review the concept for
the planned unit development and supporting documentation and make a
recommendation to the plan commission as to the proposal's compatibility
with the city's comprehensive plan, transportation plan, recreation master
plan, zoning ordinance, subdivision control ordinance, annexation agreement,
and other goals and policies for planning the city.
D.Park Board Review (If Applicable): The park board shall conduct an informal
review of the conceptual planned unit development plan and supporting
documentation and provide the applicant with general input on the following:
1. Compatibility of the proposal with the recreation master plan and park
development standards.
2. Layout and organization of the open space system.
3. Compliance with the city's land-cash ordinance for parks.
6
Draft Revised 04/13/06
4. Other documentation that the park board would recommend be prepared
during the preliminary planned unit development plan phase.
5. A formal recommendation by vote is not given for a conceptual planned
unit development plan.
E Plan Commission Review Recommendation: The plan commission shall
conduct
GOFRFAeRtS an the following at least one public hearing in accordance with
Illinois Compiled Statutes. However, the Plan Commission may continue from
time to time the hearing without further notice being published. After the
close of the public hearing, the plan commission shall recommend to the City
Council approval or denial of the zone map amendment to PUD to allow the
concept for the planned unit development. The Plan Commission shall base
its recommendation on the Development Standards 10-13-06 of this
ordinance and based on the following findings:
A. The compatibility of the proposal with the Comprehensive Plan,
Transportation Plan, Zoning Ordinance and Subdivision Control
Ordinance.
B. The appropriateness of the proposed land uses.
C. The appropriateness of the general layout of open space, streets,
parking areas, lots and buildings.
D. Existing uses of property within the general area of the subject
property.
E. The zoning classification of property within the general area of the
subject property.
F. The suitability of the subject property to the uses permitted under the
existing zoning classification.
G. The trend of development, if any, in the general area of the subject
property, including changes, if any, which have taken place since the
day the subject property was placed in its present zoning classification.
H. The impact that the PUD will have upon traffic and traffic conditions in
the general area of the subject property.
7
Draft Revised 04/13/06
F.City Council Review: The committee of the whole shall conduct an informal
review of the conceptual planned unit development plan and supporting
documentation and provide the applicant with general comments on the
following:
1. Compatibility of the proposal with the comprehensive plan, transportation
plan, zoning ordinance, subdivision ordinance and goals and objectives of the
City.
2. Appropriateness of the proposed land uses.
3. General layout of open space, streets, parking areas, lots and buildings.
4. Other documents the city council would recommend be prepared for the
preliminary planned unit development plan phase.
G. Mayor and City Council Decision:
a. The Mayor and City Council, upon receiving the recommendation of the
Plan Commission, may grant or deny any proposed amendment in
accordance with applicable Illinois statutes or may refer to the Plan
Commission for further consideration.
b. If an application for a proposed amendment is not acted upon finally by
the City Council within six (6) months of the date upon which such
application is received by the Mayor and City Council, it shall be deemed to
have been denied.
H. Modifications to Concept Plan for the Planned Unit Development:
After the approval of the Concept Plan and Zone Map Amendment for the
Planned Unit Development, the use of land, construction, modification or
alteration of any buildings or structures within the planned unit development
will be governed by the approved planned unit development, rather than by
any other provisions of the zoning ordinance of the city.
No changes may be made to the approved Concept Plan for the planned unit
development unless approved by the city. Changes to the planned unit
development will be determined by the City Administrator, or designee, to be
one of the following; a minor change or a major change.
1. Minor changes to the Concept PUD Plan are modifications that do not alter
the intent of a planned unit development. Minor changes which meet the
8
Draft Revised 04/13/06
criteria set forth in this subsection may be approved by the City Administrator
or designee, if the proposed minor change does not result in the following:
a. An increase in gross density.
b. A change in mixture of dwelling unit types resulting in a greater than 10%
change in quantity of any proposed unit type.
c. A change in the mixture of land uses resulting in a greater than 10%
change in area of any proposed use.
d. Any reduction of an amount of common open space, landscaping or
buffering.
e. A change in the functional classification of a roadway.
Minor changes not approved by the City Administrator may be approved by
the City Council without review and recommendation by the Plan
Commission, unless the City Council refers a request for a minor change to
the Plan Commission for review and recommendation.
2. Major changes are modifications which alter the concept or intent of the
planned unit development exceeding the criteria set forth constituting a Minor
Change.
If a major change is requested, the applicant shall submit a revised PUD
Concept Plan and supporting data with an application for a major change
to the clerk's office and repeat the review procedures set forth in this
section.
GORdLiGt a plan GGLInGil meeting and- -;hall M-Yie-NAW the GORGeptual planned -init
development plan and SUPPOFtiRg dOGUFnentG and shall advise the app"Gant
as to the pmpesal'S GOmpatibility with the Gity'6 GOmpFehensive plan,
2904 an V 23 2004
9
Draft Revised 04/13/06
10-13-6: PRELIMINARY PUD PLAN:
A.Purpose: The purpose of the preliminary PUD plan submission is to obtain
approval from the City that the plans the applicant intends to prepare and
follow are acceptable as a preliminary PUD plan, and that any final plans will
be approved provided they substantially conform to the preliminary planned
unit development plan. The preliminary PUD plan must be substantially in
conformance with the concept plan approved at the time of zone map
amendment (if the preliminary PUD plan is not substantially in conformance
with the concept plan, it will be deemed a Major Change and a new concept
plan will need to be submitted and approved as prescribed by 10-13-5.
Approval of the preliminary planned unit development shall not constitute
authority to proceed with construction of any improvements but rather an
approval of the general features of the plans as a basis for preparing the final
plans.
B.Procedure: Not less than forty five (45) days before the plan commission
meeting, the applicant shall file an application with the clerk's office for
preliminary planned unit development approval. The application shall consist
of the following documentation:
1. One copy of the completed preliminary planned unit development form.
2. Disclosure of beneficiaries form.
3. Preliminary planned unit development plan. The plan shall include at a
minimum the following information:
a. North arrow, scale (not less than 1 inch equals 200 feet) and date of
preparation.
b. Name and address of the site planner, engineer or surveyor who
prepared the plan.
c. Name of property owner.
d. Name of developer.
e. Proposed name of development.
f. Location map.
g. Legal description.
h. Site data, including as applicable:
10
Draft Revised 04/13/06
(1) Total acreage, and acreage and percentage of each proposed land
use.
(2) Percent of land devoted to streets and public rights of way.
(3) Number of residential lots.
(4) Floor area (nonresidential).
(5) Gross and net residential density.
(6) Minimum, maximum and average lot sizes.
(7) Percent of lot coverage for all uses except detached single-family and
duplex.
(8) Identify the conventional zoning classification used to define each
land use and list variances granted by the Concept Plan approval, if any;
i. Aerial photograph illustrating the subject property and adjacent property
within one-fourth (1/4) mile of the site.
j. Existing zoning and owners of adjacent property.
k. Municipal limits.
I. School district boundaries.
m. Property lines and dimensions.
n. Residential lots with approximate dimensions.
o. Location of multi-family and single-family attached buildings.
p. Footprints of nonresidential buildings.
q. Front, rear, side yard and corner side yard setbacks.
r. Off street parking and loading areas, including number and dimensions of
parking spaces, drive aisles and loading zones.
s. Configuration and acreage of all land proposed as open space including
storm water management areas, parks, buffers, and trail corridors.
11
Draft Revised 04/13/06
t. All sites to be conveyed, dedicated, or reserved for parks, school sites,
public buildings, and similar public and quasi-public uses.
u. Pedestrian and/or bicycle circulation systems.
v. Existing vegetation.
w. Limits of jurisdictional and non-jurisdictional wetlands.
x. Limits of 100-year floodplain.
y. Surface water including lakes, ponds, streams and drainage swales.
z. Existing contour lines with a minimum one foot (1') interval.
aa. Any other data reasonably necessary to provide an accurate overview
of the proposed development.
4. Preliminary Landscape Plan indicating the name, variety, size, location
and quantities of plant material for all common and dedicated areas including
parkways, buffer areas, storm water basins, wetlands, entry areas, medians,
and parking lot islands.
5. Preliminary Engineering Plan which shall be drawn on a print of the
proposed land use plan. The proposed plan shall show an appropriate
location and dimensions of all sanitary sewers, storm sewers, and water lines
for all proposed land uses, drainage ditches, culverts and storm water
retention/detention areas, as well as all utility easements. The plan shall be
accompanied by a statement from the sanitary district attesting to the
capability of the existing sewer system and wastewater treatment facility to
service the proposed development.
6. Photometric Plan (for nonresidential developments only). The photometric
plan shall be superimposed on the site plan, and shall:
a. Identify the location and heights of all light standards.
b. Identify foot-candle intensities on the site of the planned unit
development, and ten feet (10') beyond proposed property lines.
c. Include specifications for proposed lighting, including wattage, method of
illumination, and color of light standards and luminaries.
12
Draft Revised 04/13/06
7. Architectural Drawings. When requested by plan commission or city
council, preliminary architectural drawings for all primary buildings and
accessory buildings shall be submitted which include:
a. Typical elevations (front, rear and side) for proposed residential and
nonresidential buildings, which identify materials and color styling proposed
for all elements of the building.
b. Proposed building heights.
c. Roof plan for all nonresidential structures, which shows the proposed
location of all roof mounted mechanical equipment.
ZGR!Rg Plat
8. Other. The plan commission or city council may require preparation and
submittal of the following for review and evaluation:
a. Fiscal impact study, detailing the estimated cost which the planned unit
development will have on all taxing bodies, and anticipated revenues which
will be realized from each phase of development.
b. Proposed covenants, conditions and restrictions and/or homeowner
association bylaws.
c. Other information that may be required by the plan commission or city
council.
C.Plan Council Review: Upon receipt of all the required submittals, the clerk's
office shall distribute copies of the application and supporting documentation
to members of the plan council. The plan council shall review the preliminary
planned unit development and supporting documentation and make a
recommendation to the plan commission as to the proposal's concurrency
with the approved concept planned unit development plan and compatibility
with the city's comprehensive plan, transportation plan, recreation master
plan, zoning ordinance, subdivision control ordinance, annexation agreement,
and other goals and policies for planning the city. A traffic impact study will be
prepared by the city as part of the plan council's review.
D.Park Board Review (When Applicable): The park board shall conduct a formal
review of the preliminary planned unit development plan and supporting
documentation. The park board shall forward its recommendation to the city
council. The recommendation may include conditions of approval intended to
be incorporated into final plans and supporting documentation.
13
Draft Revised 04/13/06
E.Plan Commission Review: The plan commission shall conduct a public
hearing in accordance with Illinois Compiled Statutes. After the close of the
public hearing, the plan commission shall recommend to the city council
approval or denial of the preliminary planned unit development plan. The
recommendation may include conditions of approval intended to be
incorporated into final plans and supporting documentation.
F.City Council Review: Subsequent to receiving the plan commission and park
board recommendations, the city council shall conduct a public hearing and
shall approve or deny the application for the preliminary planned unit
development plan.
G. Modifications to Preliminary Plan for the Planned Unit Development:
After the approval of the planned unit development, the use of land,
construction, modification or alteration of any buildings or structures within the
planned unit development will be governed by the approved planned unit
development, rather than by any other provisions of the zoning ordinance of
the city.
No changes may be made to the approved planned unit development unless
approved by the City. Changes to the planned unit development will be
determined by the City Administrator, or designee, to be one of the following;
a minor change or a major change.
1. Minor changes to the Preliminary PUD Plan are modifications that do not
alter the intent of a planned unit development. Minor changes which meet the
criteria set forth in this subsection may be approved by the City Administrator
or designee, if the proposed minor change does not result in the following:
a. An increase in gross density. ARY i^^rease in deps4
b. Any change in circulation patterns or access.
c. A change in mixture of dwelling unit types resulting in a greater than 5%
change in quantity of any proposed unit type. Any 6hange i^ Fnixt re of
dwelling W nit types
d. Any change in grading or utility provisions.
e. A change in the mixture of land uses resulting in a greater than 5%
change in area of any proposed use. ARY Ghange on the mixture ef land
uses.
f. Any reduction of an amount of common open space, landscaping or
buffering.
14
Draft Revised 04/13/06
g. Any change to exterior elevations of buildings which alter rooflines,
building materials, approved color schemes or result in a change in
architectural style.
h. Other changes of similar scale, proportion or use.
Minor changes not approved by the City Administrator may be approved by
the City Council without review and recommendation by the Plan
Commission, unless the City Council refers a request for a minor change to
the Plan Commission for review and recommendation.
2. Major changes to the Preliminary PUD Plan are modifications which alter
the concept or intent of the planned unit development exceeding the criteria
set forth constituting a Minor Change.
greater than ten PeFGeRt (4 0
that shown GR the appFaved planRed unit development plan:
en.en of;;ree , ned for n nidential n
projeGt.
Tetal number of paFLieg n n fer then end
(3) Change an type, number aw le-eatien A-f a building.
0
O
A,-PA-Watkoe Ghange in the RUFflbeF ef dwelling units on the planned unit
15
Draft Revised 04/13/06
0
GUFAUIRtiVe Ghange on the height of any building OF 6tFUGtUF8 On t
PlaRRed unit deyelepmeRt etheF than single family detaGhed dwe4ing
If a major change is requested, the applicant shall submit a revised PUD
Preliminary Plan and supporting data with an application for a major
change to the clerk's office, not less than forty-five (45) days before the
Plan Commission meeting. The Plan Commission shall recommend to
the City Council approval or denial of the application for a major change.
Subsequent to receiving the Plan Commission and Park Board (when
applicable) recommendations, the City Council shall approve or deny the
application for the major change.
10-13-7: DEVELOPMENT STANDARDS:
The density, minimum lot size and minimum set back dimension for each use
proposed within a PUD shall be determined by the conventional zoning
classification which would permit the proposed use unless a variance is
specifically requested as part of the Concept PUD request.
Plan Commission shall make findings and recommendations to City Council for
approval of the planned unit development, based upon the following standards:
A.General:
1. The uses permitted by such exceptions as may be requested or
recommended are necessary or desirable and appropriate to the purpose of
the development.
2. The uses permitted in such development are not of such nature or so
located as to exercise an undue detrimental influence or effect upon the
surrounding neighborhood.
16
Draft Revised 04/13/06
3. That all minimum requirements pertaining to commercial, residential,
institutional or other uses established in the planned development shall be
subject to the requirements for each individual classification as established
elsewhere in this title, except as may be specifically varied herein granting
and establishing a planned development use.
4. There is no minimum district size required for a PUD. Minimum size e
pFopeFty shall be teR (4 9) aGFGG.
5. Wherever the applicant proposes to provide and set out, by platting, deed,
dedication, restriction or covenant, any land or space separate from single-
family or multi-family residential districts to be used for parks, playgrounds,
commons, greenways or open areas, the plan commission may consider and
recommend to the city council and the city council may vary the applicable
minimum requirements of the comprehensive plan, subdivision regulations
and the zoning ordinance which may include, but not necessarily be limited
to, the following:
a. Rear yard.
b. Side yard.
c. Lot area.
d. Bulk.
e. Intensity of use.
f. Street width.
g. Sidewalks.
h. Public utilities.
i. Off street parking.
B.Residential:
1. MiRiFAUFR size of any plaMed unit development pFopeFty shall be ten (I
asFes-
1. Business uses may be included as part of a planned residential
development when applicable.
2. Use regulations:
17
Draft Revised 04/13/06
a. Uses proposed are consistent with those listed as allowable uses in the
respective zoning districts.
3. Uses listed as special uses in the zoning district in which the development
is located may be allowed.
4. Signs. In accordance with the regulations set forth in chapter 12 of this title.
5. The plan commission may recommend and the city council may approve
access to a dwelling by a driveway or pedestrian walk easement. Off street
parking facilities for such dwellings shall be located not more than two
hundred feet (200') from the dwelling served. The plan commission also may
recommend and the city council may approve yards of lesser widths or depths
than required for permitted uses in the zoning classification which the planned
development is including, provided:
a. Those protective covenants are recorded with perpetual access
easements and off street parking spaces for use by the residents of the
dwellings served.
b. That spacing between buildings shall be consistent with the application
of recognized site planning principles for securing a unified development
and that due consideration is given to the openness normally afforded by
intervening streets and alleys.
c. The yards for principal buildings along the periphery of the development
shall be not less in width or depth than required for permitted uses in the
district in which the planned development is including and the plan is
developed to afford adequate protection to neighboring properties as
recommended by the plan commission and approved by the city council.
C.Nonresidential: In a planned business development, the following additional
requirements are hereby specified:
1. Residential use may be included as part of a nonresidential planned unit
development.
2. All walks within the planned development shall be paved with a hard
surfaced material meeting the specifications of the city engineer.
3. Any part of the planned development not used for buildings, loading and
accessways and walkways shall be landscaped with grass, trees, shrubs and
other plant material according to the landscape plan, as recommended by the
plan commission and approved by the city council.
18
Draft Revised 04/13/06
4. Permitted business uses shall be prescribed in the ordinance granting the
planned development.
5. The buildings in the planned development shall be planned and designed
as a unified and single project.
6. Business developments shall be adequately screened by fencing or
landscaping or both along the boundaries of adjacent residential, public open
space, schools, churches or other similar uses.
D.Conditions And Guarantees: Prior to granting any special uses, the plan
commission may recommend and the city council shall stipulate such
conditions and restrictions upon the establishment, location, construction,
maintenance and operation of the property governed by the special use.
E.Effect Of Denial Of A Special Use: After a public hearing, no application for a
special use which has been denied wholly or in part by the city council shall
be resubmitted for a period of one year from the date of said order of denial,
except on the grounds of substantial new evidence or proof of changed
conditions found to be valid by the plan commission and the city council.
F.Termination Of Special Use Permit: If work on the proposed development has
not begun within twenty four (24) months from the date of the authorization
order of the city council, the authorization shall become null and void and all
rights hereunder shall lapse.
10-13-8: FEES:
The city council shall establish a schedule of fees, charges and expenses for
occupancy permits, appeals, applications and amendments for special use, and
other matters pertaining to this chapter. The schedule of fees shall be posted in
the clerk's office and may be altered or amended only by the city council. Until all
applicable fees, charges and expenses have been paid in full, no action shall be
taken on any application or appeal.
10-13-9: SEVERABILITY:
Each section, clause and provision of this chapter shall be considered as
separable, and the invalidity of one or more shall not have any effect upon the
validity of other sections, clauses or provisions of this chapter.
10-13-10: REPEAL OF CONFLICTING ORDINANCES:
Any and all other ordinances or parts of ordinances, in conflict herewith are
repealed.
19
Draft Revised 04/13/06
10-13-11 : EFFECTIVE DATE:
This chapter shall be in full force and effect immediately after passage, approval
and publication in book form according to law.
20
CA3
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS
OF SUBDIVISION FOR
GRANDE RESERVE UNIT 14
WHEREAS, the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary and Final Plats of Subdivision for the Grande Reserve
Subdivision, Unit 14; 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 Preliminary and Final Plats 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 Preliminary and Final Plats of Subdivision for the Grande Reserve
Subdivision, Unit 14 are approved subject to staff comments, staff review, and
legal review 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 Farm Road
Yorkville, IL 60560
CA
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING TEE PRELIMINARY AND FINAL PLATS
OF SUBDIVISION FOR
GRANDE RESERVE UNIT 15
WHEREAS, the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary and Final Plats of Subdivision for the Grande Reserve
Subdivision,Unit 15; 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 Preliminary and Final Plats 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 Preliminary and Final Plats of Subdivision for the Grande Reserve
Subdivision, Unit 15 are approved subject to staff comments, staff review, and
legal review and all appropriate City officials are hereby authorized to execute
same.
JAMES BOCK JOSEPH BESCO
VALERIE BURR 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
CAS
STATE OF ILLINOIS
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS
OF SUBDIVISION FOR
GRANDE RESERVE UNIT 16
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary and Final Plats of Subdivision for the Grande Reserve
Subdivision,Unit 16; 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 Preliminary and Final Plats 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 Preliminary and Final Plats of Subdivision for the Grande Reserve
Subdivision, Unit 16 are approved subject to staff comments, staff review, and
legal review 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 Farm Road
Yorkville, IL 60560
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE FINAL PLAT
OF SUBDIVISION FOR
COZY CORNER SUBDIVISION
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Final Plat of Subdivision for the Cozy Comer Subdivision; 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 Cozy Comer Subdivision is approved
subject to staff comments, staff review, and legal review 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 Farm Road
Yorkville, IL 60560
CA " -7
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF SUBDIVISION FOR
HUDSON LAKES
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Preliminary Plat of Subdivision for the Hudson Lakes
Subdivision; 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 Preliminary 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 Preliminary Plat of Subdivision for the Hudson Lakes Subdivision is
approved subject to staff comments, staff review,legal review, and historic
street name on the plat 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 Farm Road
Yorkville, IL 60560
CA
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE FINAL PLAT
OF SUBDIVISION FOR
YORKSHIRE ESTATES
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Final Plat of Subdivision for the Yorkshire Estates Subdivision;
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 Yorkshire Estates Subdivision is approved
subject to staff and engineering comments, staff review,legal review,becoming
contiguous, and a letter of approval from the Yorkville Community Unit School
District#115 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 Farm Road
Yorkville, IL 60560
crr�� United City of Yorkville Memo
J
800 Game Farm Road
EST. -:1836 Yorkville, Illinois 60560
< ` Telephone: 630-553-8545
Fax: 630-553-3436
<CE
Date: May 4, 2006
To: Mayor and City Council
From: Travis Miller
CC: Dr. Engler, Superintendent Yorkville Community Unit 115
David Mogle,Executive Director Parks&Recreation Department
Subject: Yorkshire Estates/Heartland Crossing Land Contributions
In review of both the Yorkshire Estates Subdivision and the proposed Heartland Crossing
Subdivision,the school district and Parks Board have agreed to the following:
• The 10 acre school/park land contribution by Montalbano Homes within
the Yorkshire Estates subdivision will be dedicated in entirety to the Parks
Department.
• The 19.28 acre school/park contribution proposed by Marker within the
Heartland Crossing subdivision will be dedicated in entirety to the
Yorkville School District.
This effects the land-cash contribution calculations for Yorkshire Estates as follows:
Parks Contribution
10.988 acre requirement
10 acres being donated
$79,040 remaining cash requirement yields a$269.76 parks land-cash fee
School Contribution
17.509 acre requirement
0 acres being donated
$1,400,684 remaining cash requirement yields a$4,780.48 school land-
cash fee
This will effect the land-cash contribution calculations for Heartland Crossing as follows:
Parks Contribution
29.7 acre requirement
6 acres being donated
$1,896,000 remaining cash requirement yields a$2393.94 parks land-cash
fee
School Contribution
47.327 acre requirement
19.28 acres being donated
$2,243,743 remaining cash requirement yields a$2,933.01 school land-
cash fee
S-08-206 3:46PM FROM p 2J
Date: May 8,2006
To: Mayor Arthur Prochaska,Ir.
Yorkville City Council
From:Dr. Thomas Engler,Sup%intendentYorkvillo Community Unit 115
CC: Travis Miller,Community Development Director
David Mogle,Executive Director Parks&Recreation Department
Subject: Yorkshire EstatuMeardand Crossing Contributions
in review of both the Yorkshire Estates Subdivision and the proposed Heartland Crossing
Subdivision,the School District agrees to the following:
• The 10 acre school/park land contribution by Montalbano Homes within
the Yorkshire Fstatea subdivision will be dedicated in entirety to the Parks
Deparhment.
• The 19.28 we school/park contribution proposed by Marker within the
Heartland Crossing subdivision will be dedicated in entirety to the
Yorkville School District
The 19.28 acre parcel must be provided off4te stormwater detention in order for the
School to property site all of the necessary school facility within it The School District
anticipates a need for an additional middle school which the land dedication provided in
these subdivisions will not provide,therefore,this agreement is also based on the City
acknowledging the School District's need for a land dedication of forty(40)acres for a
middle school in the northwest portion of the City's planning area,ideally within the
proposed Ocean Atlantic or Pulte developments.
I am aware this effects the land-cash contribution calculations for Yorkshire Estates(294
units)as follows:
School Contribution
17.568 acre requirement
0 acres being donated
$1,405,462 remaining cash requirement yielding a$4,780.48 school land-
cash fee per dwelling unit
This will effect the land-cash contribution calculations for Heartland Crossing(792 units)
as follows:
School Contribution
47.327 acre requirement
19.28 acres being donated
$2,243,743 remaining cash requirement yielding a 52,833,33 school land-
cash fee per dwelling unit
This computation does not include the required transition fees which would be in addition
to these contributions.
• cerely,
Thomas Engler,Supperint6ident
Yorkville Community Unit District 115
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2006-
RESOLUTION APPROVING INCREASES IN HOURLY RATES AND
EXPENSES FOR
ENGINEERING ENTERPRISES, INC.
WHEREAS, the City Council of the United City of Yorkville has considered
approval of increases in hourly rates and expenses for Engineering Enterprises, Inc.
(EEI); and
WHEREAS, a copy of EEI's letter of explanation and 2006 Standard Schedule of
Charges is attached hereto and incorporated herein as Exhibit"A"; and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, the 2006 Standard Schedule of
Charges is hereby approved by the City Council of the United City of Yorkville in the
form set forth on Exhibit"A" attached hereto and incorporated herein.
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
52 Wheeler Woad • Sugar Grove, IL 60554
TEL- 630 /466-3350
MU 630/466.4360
www.eeiweb.=rn
Engineering
Enterprises,
Inc. April 27, 2006
Mr. Joe Wywrot, P.E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 50560
Re: Proposed Changes in Hourly Rates and Expenses
Dear Mr. Wywrot:
As you may recall, we submitted our proposed 2006 Standard Schedule of Charges
approximately one and a half months ago. We also have had the opportunity to discuss it with
the Mayor, members of the City Council, and City Staff at a couple meetings this month.
Based on the discussions at the most recent Committee of the Whole Meeting, it is our
understanding that the Council is requesting that we keep our 2005 Standard Schedule of
Charges for all "City" projects throughout this year. The Council also stated that they would be
open to discussing an alternative rate schedule for the "Developer" projects.
As we have stated, our mission is to provide the highest level of engineering service to all of
our clients, including the United City of Yorkville. While the costs for our firm to provide the
same level of service to you have risen in 2006, we also recognize that it is a privilege for us to
be able to provide the volume of engineering services that.we do for your community. That
being said, we are willing to retain our 2005 Standard Schedule of Charges on all "City"
projects throughout 2006.
In an attempt to develop a reasonable rate schedule for the "Developer" projects, we
considered multiple options. In the end,.the most logical approach that we could think of was
to try to determine the revenue that would be lost for the "City" projects, and then attempt to
project the hourly rates that would need to be applied for the projected "Developer" projects to
account for this loss in revenue. Since it is difficult to project the number of hours that we will
provide on "City" projects this year, and even more difficult to project the number of hours that
we will provide on "Developer" projects (i.e. plan review), our best option was to assume the
billing history from 2005 would be similar in 2006. Based on that analysis, our calculations
projected that each classification of employee's 2005 hourly rate would need to be increased
by $10 per hour, which is $4 higher than the previously proposed $6 per classification
increase.
Consulting Engineers Specializing in Civil Engineering and Land Surveying
Mr. Joe Wywrot, P.E.
April 27, 2006
Page 2
As you may know, we provide municipal engineering services to a number of other
communities in Northeastern Illinois, as well. We aim to provide a consistent level of service to
all of our clients, and when possible, we attempt to provide consistency in our hourly rates. As
I am sure you can imagine, there are a number of reasons for that, one being, it is easier on
our accounting staff.
After reflecting on past discussions on this topic with the Mayor, City Council, and City Staff,
further reflection on the calculation that suggests the hourly rates need to be adjusted as much
as $10 per classification to account for the loss of revenue on the "City" projects, consideration
for the privilege it is to work for the City, and the desire to maintain consistency where
possible, we have decided that we will not request the $10 per classification increase, but
rather request that the hourly work conducted on the existing and new "Developer" projects in
2006 be applied at our originally proposed 2006 Standard Schedule of Charges.
Therefore, if the City Council agrees with this approach, all "City" projects will retain the 2005
rate schedule and all "Developer" projects will utilize the attached 2006 Standard Schedule of
Charges. Due to the fact that it is uncertain how our costs will change throughout this year and
where they will be in 2007, we respectfully request that we be given an opportunity to
approach the City Council to evaluate our hourly rates again next year. If you have any
questions or comments, please do not hesitate to call.
Respectfully Submitted,
ENGINEERING ENTERPRISES, INC.
Jeffrey W. Freeman, P.E.
Vice President
JWF/me
Enclosures
pc: Mayor Art Prochaska
Mr. John Crois, Interim City Administrator
Mr. Eric Dhuse, Director of Public Works
Atty. John Wyeth, City Attorney
JKM, PGW, WED, JTW, DMM, DMT, ESW— EEI
G:'PubIiclYorkvi11e2OD61YOO6DD Genera10ocl1JwywmtO1 -changesinratesZdoc
S2 Wheeler Read • Sugar Grove, IL 60554
TEL: 630 1466-9350
STANDARD SCHEDULE OF CHARGES FAX: 630/466-9360
www.eeiweb.com
January 1, 2Q06
Engineering
Enterprises,
Inc.
EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE
Principal Engineer E-3 $144.00
Senior Project Manager E-2 $132.00
Project Manager E-1 $120.00
Senior Project Engineer/Surveyor P-5 $108.00
Project Engineer/Surveyor P-4 $ 99.00
Senior Engineer/Surveyor P-3 $ 90.00
Engineer/Surveyor P-2 $ 81.00
Associate Engineer/Surveyor P-1 $ 72.00
Senior Project Technician T-5 $ 99.00
Project Technician T-4 $ 90.00
Senior Technician T-3 $ 81.00
Technician T-2 $ 72.00
Associate Technician T-1 $ 63.00
Secretary A-3 $ 72.00
CREW RATES,VEHICLES AND REPROGRAPHICS
1 Man Field Crew with Standard Survey Equipment $120.00
2 Man Field Crew with Standard Survey Equipment $183.00
1 Man Field Crew with RTS or GPS* $150.00
2 Man Field Crew with RTS or GPS * $213.00
Vehicle for Construction Observation $ 12.00
In-House Scanning and Reproduction
0.25/Sq. Ft. Black &White)
1.00/Sq. Ft. (Color)
'RTS=Robotic Total Station I GPS=Global Positioning System
GaEEnDOCS\Forms\Genara1155C-Std Schedule of Charges\S T ADS01 os.DDC
Consulting Engineers Specializing in Civil Engineering and Land Surveying
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY,MARCH 28.2006.
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 I lames Present
Leslie Absent
Ward Burd Present
Wolfer Present
Ward III Bock Present
Mums Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,Interim City Administrator Crois,Assistant City
Administrator Olson,City Attorney Wyeth,Police Chief Martin,Director of Public Works
Dhuse,Director of Park&Recreation Mogel,Community Relations Manager Spies and
Community Development Director Miller.
UORUM
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
Mayor Prochaska asked that the Library Expansion Project Update be moved up on the agenda to
after the public hearings.
COMMITTEE MEETING DATES
'Public Works Committee 7:00 P.M.,Monday,April 3,2006
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,April 27,2006
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,April 6,2006
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 7:00 P.M.,Thursday,April 13,2006
City of Yorkville Conference Room
800 Gmne Farm Road _
Ad Hoc Technology Committee 6:30 P.M.,Tuesday,April 11,2006
City of Yorkville Conference Room
800 Game Farm Road
Administration Task Force 6:30 P.M.,Tuesday,April 18,2006
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
Kleinwatcher
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Herb and Pam Kleinwatcher and Old Second Bank Trust 8051,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 R-2 One-Family Residence District and for hearing
as to the Annexation Agreement of the petitioner. The real property consists of approximately
The Minutes of the Reeular Meetine of the City Council—March 28.2006—naee 2
9.81 acres located on Route 47 south of legion Road and north of Ament Road,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
Besco-aye,Burd-aye,James-aye,Munns-aye,Bock-aye,Spears-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 postpone the public hearing until the April 25,2006
City Council meeting. So moved by Alderman Spears;seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Munns-aye,Bock-aye,Spears-aye Wolfer-aye,Besco-aye
Kendall Creek Development LLC
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Kendall Creek Development LLC,petitioners,request to annex to the United City of Yorkville
and rezone from Kendall County A-I Agricultural to United City of Yorkville R-2 One-Family
Residence District and for hearing as to the Annexation Agreement of the Petitioner. The real
property consists of approximately 141.31 acres located south of Route 126,east of Route 47,
north of Ament Road and west of Ashley Road,Kendall Township,Kendall County,Illinois. So
moved by Alderman Wolfer,seconded by Alderman James.
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye
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
Spears;seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye
PRESENTATIONS
Library Expansion Project Update
Tom Lindblom and Russ Walter were present and circulated photographs of the installation of the
structural steel needed for the library expansion project. Mr.Lindblom reported that the steel
arrived on site on March 13,2006 and will be installed in four phases;.northwest,northeast,
southeast and southwest. It is hoped that the steel will be up by the end of the week of April 3,
2006. The next steps would be the installation of the second floor decking and the roof. He also
reported that exposed wood beams arrived on March 27,2006 and they are being protected from
the weather. He noted that here is a partial masonry wall already constructed and he explained
that construction on the wall stopped due to the installation of the steel;the wall needed to be
constructed first because it is a load bearing wall. He stated that everything is moving forward.
CTTIZEN COMMENTS
Mary Unterbrunner,418 Jackson Street,expressed her opposition to the parking ban. She stated
that she attended the meetings prior to the vote on the parking ban ordinance and most of the
citizens in attendance were opposed to it. She stated that she does not feel that the city has
proven a need for a blanket ban. She stated that in the meetings,there were distinct areas where a
minority of residents complained about trucks parking on the streets. She felt that addressing the
parking of large trucks on city streets is a separate issue and that the whole city does not need to
be"punished"for this. She stated that she did not feel the parking ban signs should be installed
until the problem is resolved. She asked that the City Council consider the repeal of the ban.
Joe Barry,502 Teri Lane,expressed his opposition to the parking ban. He stated that he felt the
ban should not be applied to everyone because of a"few bad apples". He stated that the ban
creates a problem for him when his children are home from college;they have six cars in the
family. He stated it also affects his children's friends when they chose to spend the night at the
last minute. He asked who should be called at 11:00 p.m.or midnight for parking permission.
He stated he would rather have the police protecting property rather than having giving citations
for those breaking the parking ban.
The Minutes of the Regular Meetine of the City Council—March 28.2006—page 3
Anne Engelhardt,312 E.Blackberry Lane,read a letter to the City Council(see attached)
opposing the parking ban.
Dan Pickett,709 Teri Lane,addressed the City Council.He explained that he is a seventeen year
resident of the City and never had a complaint until now;he is against the parking ban. He
explained that he has a driveway that can accommodate nine cars however every time he has to
rotate cars in the driveway because the City Council decided that he cannot park on the street,he
will be thinking of them. He asked the City Council to rescind the ordinance.
Larry King,900 E.Spring Street,asked the City Council what was the root cause of the problem.
He felt that the cause was commercial vehicles parking on the streets. He stated that to have a
"sweeping"ban is"torturing"the residents of Yorkville. He asked the City Council to address
the real parking problem and he suggested that residents should have the opportunity to vote on
the ban.
Rich Johnson,Teri Lane,asked why a parking ban was needed between 1:00 and 6:00 a.m. He
stated that the city does not have street sweepers going down the streets at that time and that there
are more cars parked on the streets during the day. He stated that he has seen cars parked
between the curb and the sidewalk in order to get off the street and that while he was not
personally affected by the ban but felt it should examined because it is causing a hardship for a lot
of people.
Roger Murphy,803 Teri Lane,stated that during the parking ban discussion of the last several
weeks,he noticed that many people have made comments and that most of the comments are in
opposition of the ban. He stated that even though City Council members claim that people are
calling them supporting the ban,he has not talked to anyone or seen anyone at the last few
meetings who supports it Alderman Munns stated that residents from Fox Hill attended early
meetings regarding the ban and expressed their supporL Mr.Murphy stated that maybe Fox Hill
has a problem but the entire city doesn't. He suggested that the residents of Yorkville should be
allowed to vote on the issue rather than just a few residents on the City Council.
Mayor Prochaska and Alderman Spears stated that the Public Safety Committee was revisiting
the ordinance at the April 13,2006 meeting and Alderman Spears invited the residents to attend. _
She stated that she received numerous calls from residents both positive and negative however
she was not in attendance when the discussions were happening due to having surgery. She
stated that the Public Safety Committee is trying to get statistics and information from other
communities with similar ordinances to review.
Alderman Burd suggested that the parking ban be brought back to the Committee of the Whole
meeting instead of the Public Safety Committee. She stated that at the last Committee of the
Whole meeting where the ban was discussed,she made suggestions and was told that these things
were already discussed in detail at the Public Safety Committee.She stated that she did not feel
that she became part of the discussion and that this is a big issue and that all the aldermen should
be involved in the discussion. She stated that she felt for awhile the ban did not affect many
people in her ward however she has received calls from residents on the north side of the river
regarding it.
Mayor Prochaska stated that he did not have a problem with this going back to a Committee of
the Whole meeting and he reminded the aldermen that they can attend any of the committee
meetings. It was the consensus of the City Council to bring this discussion back to the
Committee of the Whole meeting. He further noted that the night the ordinance was approved he
asked the Public Safety Committee to make a recommendation for those who would suffer a
hardship due to the ban. He suggested that the Police Department not issue any tickets until the
matter is resolved and he asked that anyone experiencing a hardship due to the ordinance should
send Chief Martin a note regarding their circumstance.
Alderman Manna asked if the police would not be enforcing the ordinance and if this could
happen with any ordinance the City Council passes that people don't like. He asked if this
needed to be voted on by the City Council. Attorney Wyeth stated that there are times when the
City Council and staff can use good discretion to enforce the ordinance in certain circumstances.
Official action is needed to change any ordinance. Chief Martin stated that the Police Department
is issuing warnings and that no citations have been issued. The Police Department will continue
this until they receive a clear understanding from the City Council. Alderman Bock noted that
Chief Martin and his officers have the discretion to enforce any law. He gave the example of a
person violating a speeding law;the officer can pull over the offender and just issue a warning
instead of a ticket. The law is still in affect however it is the officer's discretion how to enforce
it. The parking ban is in affect however it will not be enforced to the full extent of the law.
The Minutes of the Regular Meeting of the City Council—March 26.2006—page 4
Loree King,900 E.King,asked what constituted a hardship. Mayor Prochaska asked her to tell
Chief Martin why she feels she needs to park a car in the street. She also asked for clarification
on what days visitors are allowed to park on the street. Chief Martin stated that at a previous
meeting,he misspoke about the days visitors are allowed. He stated that the initial intent of the
ordinance was to only allow visors on specific days however visitors are allowed any time during
the week.
Anne Engelhardt stated that there are two things she would like to know;the history of the
ordinance and the basis of the actual ordinance. She stated that she hoped this information would
be given to all the aldermen before this issue is rehashed.
Dale Larson stated that he was present the night the ordinance was passed and that he found it
funny to hear how this ordinance was`years in the making"yet that all these complaints have
slipped through the cracks. He stated that it doesn't say much for the Council that all the issues
have not been worked out Mayor Prochaska noted that this ordinance has been discussed for
years however the City Council changes and it is not the same group of people looking at it each
time. Mr.Larson asked if the Council members cared about the ramifications to those the
ordinance affected.
Alderman Burd noted that she has been on the City Council for eight years however she is not a
member of the Public Safety Committee which is the committee who discussed the ordinance
many times. She stated that when this came forward,there was an even amount of people for and
against the ban. She stated that there were several aldermen who supported the ban because if
affected residents in their area. She commented that there were not a lot of people in her ward
who were upset about it. Because of this,she did not really get involved in the ordinance but now
that more people are contacting her she is willing to throw her opinion in to the discussion.
Mr.Larson noted that the Mayor stated the night the ordinance was passed that some residents
were being put into the position to automatically breaking the law. He stated that he breaks the
law because he has to park across the sidewalk in order to get off the street. Alderman Burd
stated that the Mayor has been here a long time and he never said anything like that until that
night. She stated that his comment was a"big surprise';Alderman Burd noted that Mayor
Prochaska participated in the discussions regarding the ban and that this was the first time he
"tossed that one out"at the City Council. Mr.Larson stated that the City Council did not care
about residents adversely affected by the ordinance.
Mary Unterbrunner asked what the process was to get an ordinance repealed. Mayor Prochaska
stated that she should talk with the aldermen because they vote on the repeal of the ordinance.
Mrs.Unterbrunner asked the City Council to consider repealing it.
Alderman Wolfer stated that he took issue with Mr.Larson's implication that the City Council -
does not care. He assured Mr.Larson that they do care;this issue will be examined again. He
stated that sometimes an ordinance is passed and it needs a closer look because not everything is
seen at First.
Joe Barry noted that the United City of Yorkville is exploding at the seams. He stated that
developers come in and note the amount of open space that is in their developments. He
suggested that some of this open space should be placed between the curbs and sidewalks. He
asked the City Council to plan better for the future.
Joe Gillespie,1218 Willow Way,commented that after listening to the citizen's comments for the
last 30 minutes,the City Council deserves every penny that is proposed in their raise later in the
meeting and he asked that the City Council vote for the raise for future City Council members.
He also asked the citizens to stay involve even after the parking ban goes away.
CONSENT AGENDA
Alderman Bosco asked that Item#16- Ordinance Amending City Code Title 1—Administration,
Chapter 6—Municipal Officers and Employees Regarding Appointment of Officers and City
Departments be pulled off the Consent Agenda and placed under the Administration Committee
Report.
1. Monthly Treasurer's Report for January 2006(ADM 2006-21)
2. Resolution 2006-21—Appointing IMRF Authorized Agent-anthorize the Mayor and
City Clerk to execute(ADM 2006-22)
3. Maintenance Proposal for Fire Alarm System at City Hall/Police Station—award to
Thomas Alarm Systems in an amount not to exceed$690.00 and authorize Mayor to
execute(PS 2006-05)
The Minutes of the Regular Meeting of the City Council—March 28.2006—page 5
4. Water Department Reports for January 2006(PW 2006-42)
5. Bruell Street Pump Station-Change Order#3-authorize reduction in ar amount not to
exceed$38,879.00 and City Engineer to execute(PW 200643)
6. Contract A.2a.(Cannonball Booster Station)and Contract C.5(South PRV Station)-
Change Order 43-authorize reduction in an amount not to exceed$13,800.00 Mayor to
execute(PW 2006-44)
7. Grande Reserve(Route 34 Improvements)—Bond Reduction#1-authorize reduction in
an amount not to exceed$426,287.33(PW 2006-48)
8. Southwest Interceptor(Contract 1)-Change Order#1-authorize reduction in an annount
not to exceed$11,940.00 and Mayor to execute(PW 2006-49)
9. Kylyn's Ridge Unit 1—Earthwork Letter of Credit Reduction 42-authorize reduction to
Old Second Bank Letter of Credit No.15317 in an amount not to exceed$33,479.96 (PW
2006-53)
10. Kylyn's Ridge Unit 2—Earthwork Letter of Credit Reduction#2-authorize reduction to
Old Second Bank Letter of Credit No.15470 in an annomn not io exceed$7,020.50 (PW
2006-54)
11. Raymond Regional Storm Sewer—Suen Easement-authorize the Mayor and City Clerk
to execute(PW 2006-55)
12.Resolution 2006-22-Countryside Parkway(East Kendall to Center Parkway)MFT
Resolution-authorize City Clerk to execute(PW 2006-45)
13. IDOT Joint Agreement—Route 126 Relocation at Route 71-authorize the Mayor and
City Clerk to execute(PW 2006-47)
a. Resolution 2006-23—For Improvement by municipality-authorize the Mayor
and City Clerk to execute
b. Ordinance 2006.21—For the addition to the city street system,a portion of
former Illinois 126,to serve as a frontage road to newly realigned Route 126
located in the northeast quadrant of the relocated Illinois 71 and 126 intersection
-authorize the Mayor and City Clerk to execute
c. Ordinance 2006-22—For appropriation of funds for roadway lighting and utility
casing at Illinois 127 and 71 intersection-authorize the Mayor and City Clerk to
execute
d. Ordinance 2006-23—Regulating parking in the vicinity of Illinois 71 and 126
intersection-authorize the Mayor and City Clerk to execute
e. Ordinance 2006-24—Regulating encroachment at public right of way-
authorize the Mayor and City Clerk to execute
14. Resolution 2006-24—Establishing Water Meter Fees -authorize the Mayor and City
Clerk to execute(PW 2006-50)
15. Resolution 2006-25—Approving agreement with Sente-Rubel-Bosman-Lee Architects,
Ltd.for conceptual design services for Park Maintenance and Administration Facility-
authorize the Mayor and City Clerk to execute(PW 200640)
Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved
by Alderman Munns;seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Munns-aye,Spears-aye,Wolfer-aye,Bock-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 City Council meeting of
February 28,2006 and the Committee of the Whole meeting of February 7,2006;seconded by
Alderman Basco.
City Clerk Mitschewski noted that the times noted on page 11 of the minutes are incorrect and
have been corrected in the final copy.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated March 17,2006 totaling the following amounts:checks in the amount of
$1,284,035.11(vendors);$171,920.37(payroll period ending 3/4/06);for a total of
$1,455,955.48;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Munns-aye,Bock-aye,Spears-aye,Wolfer-aye
The Minutes of the Reeular Meeting of the City Council—March 28,2006—pa e 6
REPORTS
MAYOR'S REPORT
Coffee with the Mayor
Mayor Prochaska reported that the next Coffee with the Mayor would be held on April 1,2006 at
State Street Mortgage,691 N.Bridge Street from 9:00 to 11:00 a.m.
Ordinance 2006-25 Establishing Special Service Area Number 2005-108
Autumn Creek
(ADM 2005-20a)
Mayor Prochaska entertained a motion to approve an ordinance establishing Special Service Area
Number 2005-108(Autumn Creek),as presented,subject to legal review. So moved by
Alderman Wolfer,seconded by Alderman James.
Mayor Prochaska stated that this was discussed at the Committee of the Whole meeting and
everything is in order. The developer has had discussions with the School District.
Alderman Burd asked if this SSA was included in the Annexation Agreement and Mayor _
Prochaska stated it was and that there is one more similar SSA to come before the City Council.
Motion approved by atoll call vote. Ayes-6 Nays-1
Burd-aye,Spears-nay,Munns-aye,Besco-aye,Wolfer-aye,James-aye,Bock-aye
Ordinance 2006-26 Providing for Issuance of Special Service Area 2005-108
Special Tax Bonds,Series 2006
Autumn Creek
(ADM 2005-20b)
Mayor Prochaska entertained a motion to approve an ordinance providing for issuance of Special
Service Area 2005-108 Special Tax Bonds,Series 2006(Autumn Creek),as presented,subject to
staff and legal review.So moved by Alderman Wolfer;seconded by Alderman Bard.
Alderman Burd commented that she appreciated that the developer had everything in place with
the School District.
Motion approved by a roll call vote. Ayes-6 Nays-1
Spears-nay,Munns-aye,Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-aye
Ordinance 2006-27 Setting a Date for a Public Hearing on the Proposed Downtown
Tax Increment Financing Redevelopment Project Area
and to Approve a Public Notice for the Hearing
Mayor Prochaska entertained a motion to approve an ordinance to set a date for a public hearing
on the Proposed Downtown Tax Increment Financing Redevelopment Project Area and to
approve a Public Notice for the Hearing,as presented subject to legal review. So moved by
Alderman Munns;seconded by Alderman Wolfer.
Mayor Prochaska reminded the City Council that the hearing date is May 23,2006.
Motion approved by a roll call vote. Ayes-6 Nays-0 Abstain-1
Munns-aye,Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-abstain,Spears-aye
Resolution 2006-26 Approving an Agreement with Schoppe Design Associates,Inc.
For Professional Services for Grande Reserve Park D
(PKBD 2006-02)
Mayor Prochaska entertained a motion to approve a resolution approving an agreement with
Schoppe Design Associates,Inc.for professional services for Grande Reserve Park D,as
presented subject to legal review. So moved by Alderman James;seconded by Alderman Wolfer.
Alderman Munns asked Community Development Director Miller if this was a project that came
in before he was hired. Director Miller stated that the deadline for this project is July 1,2006 and
it is not feasible for him to get this done in time. He stated that this has been discussed with the
Park Board and it is more reasonable to have Schoppe Design do the design.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Munns-aye
The Minutes of the Regular Meeting of the City Council—March 28.2006—oage 7
Health Insurance/Benefit Renewal
(ADM 2006-21)
Mayor Prochaska entertained a motion to renew the annual contract for insurance coverage for
city employees with Blue Cress/Blue Shield(Medical),MetLife(Dental and Life)without change
- to the current employee premium requirements. So moved by Alderman Bock;seconded by
Alderman James.
Alderman Munns stated that it had been discussed in the goal meeting to have the employees
share in the insurance premium. He noted that city employees only pay$1.00/month for their
benefits. He stated that he has recommended that the employees should share in this cost
especially since the city pays$750,000.00/year on health care. He stated that the city is getting
too big to continue to pay this out;it cannot afford to fund free insurance. He stated he could not
support this;no one gets free insurance.
Mayor Prochaska stated that this is a matter of timing however there will be further discussion on
the employees sharing the cost.Mayor Prochaska noted that the employees need to know what is
happening at this time. He also noted that the city's premiums have decreased$36,000.00
because no one is abusing their insurance.
Alderman Spears stated that information was received from the City Attorney and Labor Attorney
that the information received from Caywood and Associates is incorrect the city can readdress
this issue at anytime.
Motion approved by a roll call vote. Ayes-5 Nays-1 Abstain-1
Spears-aye,Munns-nay,Besco-abstain,Wolfer-aye,James-aye,Bock-aye,Burd-aye
CITY COUNCIL REPORT
Resolution 2006-27 Adopting Sponsorship Policy
Mayor Prochaska entertained a motion to approve an amendment to the Sponsorship Policy as
presented and to approve the three pending sponsorships before the City Council.So moved by
Alderman Wolfer;seconded by Alderman Bock
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye,lames-aye,Bock-aye,Burd-aye,Spears-aye,Mutnrs-aye,Besco-aye
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Administrator Crois reminded everyone that the Public Hearing for the 2006/2007 Budget is
scheduled for April 11,2006 and that a copy of the proposed budget will be available for viewing
on March 31,2006.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that the State Street watermain project is underway. The watermain is
being replaced from the corner of Fox Road and State Street all the way to the industrial park.
This will upgrade water pressure and water quality.
CHIEF OF POLICE REPORT
No report.
DIRECTOR OF PARKS&RECREATION REPORT
Special Needs Programs
Director Mogle reported that he is in the process of doing research in determining the number of
residents who would benefit from special recreational services;those designed for disabled
individuals. He stated he would be bringing his findings to the Park Board and the City Council.
The Minutes of the Reeular Meetine of the City Council—March 28.2006—nave 8
COMMUNITY DEVELOPMENT DIRECTOR REPORT
Designer Interviews
Director Miller reported that interviews for a Parks Designer will begin this Friday,March 31,
2006. He hopes that the position will be filled by the end of April 2006. The deadline for
applications for the Urban Designer is the end of April and he hoped this would be filled in May
2006.
Sign Ordinance
Director Miller reported that he is currently working on redrafting the City's Sign Ordinance. He
is preparing a survey for the City Council to fill out to help him craft the new ordinance.
COMMUNITY&LIAISON REPORT
Senior Service Providers
Alderman Spears reported that she attended the Senior Service Providers. Items discussed were:
o The lack of senior and affordable housing in the Yorkville area.
o The Kendall County Elder Friendly Community Summit—to be held on April 4,2006
from 10:00 a.m.to 12:00 p.m.at the Trinity United Methodist Church.
o Senior victims of hurricane Katrina and disaster plans
o Kendall County Women's Health Fair—held at Cross Lutheran Church on April 1,2006
from 9:30 a.m.to 1:30 p.m. This is jointly sponsored by the Kendall County Health
Department and several area hospitals.
o Care Giver Support Group—they will meet on the second and fourth Wednesdays on the
month from 11:30 a.m.to 1:00 p.m.at the Kendall County Health Department.
Voluntary Action Center
Alderman Spears reported she attended a field trip organized by Jeff Wilkins,the Kendall County
Administrator to the Voluntary Action Center(VAC)in DeKalb,Illinois. Representatives from
other communities also attended. VAC is a non-for-profit group incorporated in 1974 that
provides nutritious home delivered meals to people in DeKalb and LaSalle Counties. VAC'S
transportation service was discussed at the meeting(transportation budget,fares for
transportation,vehicles in fleet,hours of operation,number of trips made,grants,etc.).
Northeastern Illinois Agency on Aging
Alderman Spears reported that she attended the Northeastern Illinois Agency on Aging Advisory
Council meeting where.Medicare Part D plan,housing,transportation,social service agency bills
and Presidents Bush's 2007 federal budget were discussed.
Alderman Besco thanked Alderman Spears for the time she dedicates to seniors.
Aurora Area Convention and Visitor Bureau
Alderman Bard reported that she attended the Aurora Area Convention and Visitor Bureau
meeting where the Mayor of Aurora's budget out of $20,000.00 was discussed. The Mayor of
Aurora has indicated that budget cuts to the group may be an ongoing thing so the AACVB is
trying to convince the mayor that this is a great program to fund. Alderman Bard noted that the
group recently won a state award for their campaign even after being in competition with the City
of Chicago. _
Prairie Parkway Construction Planning
Mayor Prochaska reported that he attended a meeting for the Prairie Parkway Construction
Planning and there is a meeting for elected officials to discuss the progress of the Prairie Parkway
scheduled for Monday,April 3,2006 at Plano High School. The following day,April 4,2006
there will be an open meeting at Yorkville High School at 5:30 p.m.to update the public. Mayor
Prochaska noted that environmental and design issues have been the topics of discussion.
Route 47 Improvements
Mayor Prochaska reported that he,Director Miller and Administrator Cross met with Kendall
County representatives and Mike Schoppe to look at proposals for the removal of the wall and the
hill alongside the old courthouse in anticipation of the Route 47 widening. He hoped that he
would have something to show the City Council in the next three to four weeks. Director Miller
indicated that there was also a meeting scheduled with IDOT to discuss the hill.
Glen Palmer Dam
Alderman Burd reported that she received a letter from the Army Corps of Engineers saying that
they have issued the permit for the improvements to the Glen Palmer Dam.
The Minutes of the Reeular Meetine of the City Council—March 28,2006—page 9
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Heartland Circle—Acceptance of Storm Sewer and Sanitary
(PW 2006-52)
A motion was made by Alderman Besco to approve the acceptance of storm sewer and sanitary
sewer improvements for Heartland Circle Subdivision and to reduce the letter of credit
accordingly as presented in the memo of the City Engineer dated March 1,2006;seconded by
Alderman Mums.
Motion approved by a roll call vote. Ayes-7 Nays-0
Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
Amending Ordinance 2005-95 Amending City Code Title 6—
Traffic,Regarding Overnight Parking and
Restrictions on Parking of Commercial Vehicles
(PS 2006-07)
No motion was made;ordinance to be discussed at the April 4,2006 Committee of the Whole
meeting.
Ordinance 2006-28 Amending City Code,Title 3 Business;Chapter 3
Liquor Control Regarding New Classification(Gift Basket Sales)
(PS 2005-09)
A motion was made by Alderman Spears to approve an Ordinance amending City Code,Title 3
Business;Chapter 3 Liquor Control Regarding New Classification for Gift Basket Sales,as
presented,subject to legal review;seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes-7 Nays-0
Bock-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye,Wolfer-aye,James-aye
ADMINISTRATION COMMITTEE REPORT
Ordinance 2006-29 Amending City Code Title 1—Administration,Chapter 6—
Municipal Officers and Employees Regarding Section 1-6-5,Salaries
(ADM 2005-14)
A motion was made by Alderman James to approve an Ordinance amending City Code Title I—
Administration,Chapter 6—Municipal Officers and Employees Regarding Section 1-6-5,
Salaries,as presented subject to legal review;seconded by Alderman Spears.
Alderman Wolfer clarified that this was for the raise for the elected officials;Mayor Prochaska
stated it was.
Motion approved by a roll call vote. Ayes-5 Nays-2
Burd-aye,Spears-aye,Munns-aye,Besco-aye,Wolfer-nay,James-nay,Bock-aye
Salary Increases for the Next Fiscal Year(Cola/Merit)
(ADM 2006-24)
A motion was made by Alderman James to approve the salary increases for the next Fiscal Year
(2%COLA and.5%Merit)subject to the approval of the 2006/2007 Budget;seconded by
Alderman Wolfer.
Motion approved by a roll call vote. Ayes-6 Nays-1
Munns-aye,Besco-nay,Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye
Ordinance 2006-30 Amending City Code Title 1—Administration,Chapter 6—
Municipal Officers and Employees Regarding Appointment of Officers
and City Departments
ADM 2006-25)
A motion was made by Alderman James to approve an ordinance amending City Code Title I—
Administmtion,Chapter 6— Municipal Officers and Employees regarding the appointment of
Officers and City Departments and authorizing the Mayor and City Clerk to execute;seconded by
Alderman Besco.
The Minutes of the Regular Meeting of the City Council—March 28 2006—pa a 10
Alderman Besco asked if the Assistant City Administrator was included in the ordinance and
Mayor Prochaska clarified that the position is not appointed but rather a hired position.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Munns-aye
ADDITIONAL BUSINESS
Senior Citizen Tax Exemption Information
Alderman Bard requested that the City make available a copy of how senior citizens can qualify _
for real estate tax exemptions. Mayor Prochaska stated that the information could be made
available at the City Hall front desk.
Park Policy for Spacial Recreation Services
Alderman Burd asked that the City Council revisit the Park policy for the non-resident portion of
the special recreational services. She asked that it be placed on the Committee of the Whole
(COW)agenda to further discuss funding. Alderman Wolfer noted that Director Mogle is doing
research on this and he asked that the City Council have that information before this is discussed
further. Alderman Burd stated that his research is for next year and she wants to review the
policy because something is needed to handle the problem this year as well as long range
planning. Alderman Wolfer further noted that the Park Board is addressing this year's problem
so he asked that they be invited to attend so they can advise the City Council as to what they are
working on. Alderman Besco asked if the information regarding special needs could be obtained
from the School District. Director Mogle stated he was in contact with the School District There
was some discussion regarding the line item for this in the budget and individuals needing the
service. Alderman Wolfer stated that the Park Board discussed going to churches and other
organizations for donations so that all the children needing special services can be covered.
Alderman Burd disagreed with this and stated that the Park Board said they were not willing to
change or addressed the problem. Alderman Spears asked if Director Mogle was checking with
social services in Kendall County for his research and he stated he was. Alderman Burd asked if
Director Mogle would have his information by the COW meeting. Director Mogle stated that
there are two issues;one is about an individual who was sponsored by the Park Board and the
other concerns the need in the community for the city to become a member. He stated that he
hoped to have information on the first issue by next Tuesday and he would try to have the
remaining information for the COW meeting.
Fox Hill Traffic Light
Alderman Munns questioned how getting the traffic light at Route 34 and Sycamore Street was
progressing. Director Dhuse stated that he spoke with City Engineer Wywrot and a warrant study
will be done. He stated he would ask Mr.Wywrot how long it would take for the study and he
explained that someone will have to sit at the intersection and do a visual count
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by
Alderman Wolfer.
Motion approved by a viva voce vote.
Meeting adjourned at 9:03 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 March 28 , 2006,
at the hour of 7 : 00 p .m. , at 800 Game Farm Road
in the City of Yorkville, Illinois .
�EIyO • �®UFZ�'
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 MR . JAMES BOCK, Alderman;
9 MR . JOSEPH BESCO, Alderman;
10 MS . ROSE ANN SPEARS , Alderwoman;
11 MR . JOHN CROIS, City Administrator;
12 MS . JACQUELYN MILSCHEWSKI , City Clerk .
13
14 A P P E A R A N C E S :
15 WYETH, HEITZ & BROMBEREK
300 East Fifth Avenue , Suite 380
16 Naperville , Illinois 60563
BY : MR. JOHN JUSTIN WYETH,
17 appeared on behalf of the United
City of Yorkville , Illinois .
18
19 - - - - -
20
21
22
23
24
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1 ( Pledge of Allegiance )
2 MAYOR PROCHASKA: I would entertain
3 a motion to go into public hearing for the
4 purpose of discussing the petition and request
5 for annexation of Herb and Pam Kleinwachter and
6 Old Second National Bank, Trust 8051 , request to
7 annex to United City of Yorkville and rezone from
8 Kendall County A-1 Agricultural to United City of
9 Yorkville B-3 Service Business District and 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 9 . 81 acres located on Route 47
14 south of Legion Road and north of Ament Road,
15 Kendall Township, Kendall County, Illinois .
16 MR . BESCO : So moved .
17 MR . JAMES : 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 .
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1 MR . JAMES : Aye .
2 MS . MILSCHEWSKI : Munns .
3 MR . MUNNS : Aye .
4 MS . MILSCHEWSKI : Bock .
5 MR . BOCK : Aye .
6 MS . MILSCHEWSKI : Spears .
7 MS . SPEARS : Aye .
8 MS . MILSCHEWSKI : Wolfer .
9 MR. WOLFER: Aye.
10 MAYOR PROCHASKA : Okay . We are in
11 public hearing . The first thing that I need to
12 say is the posting of this public hearing in the
13 paper had the incorrect date , it had tomorrow as
14 the public hearing date , so I believe what we do,
15 we probably still need to postpone this to
16 another --
17 WHEREUPON :
18 DANIEL J. KRAMER,
19 testified before the Yorkville City Council as
20 follows :
21 MR . KRAMER : I would suggest we --
22 and I talked with Attorney Wyeth this
23 afternoon -- that we open the hearing,
24 then adjourn it to a date certain, but if there
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1 are any 'people here tonight --
2 MAYOR PROCHASKA: Right , that ' s why
3 we opened it .
4 If there is anyone here -- I
5 guess I should ask that question before we go
6 through the whole thing .
7 Is there anyone here that is
8 here to give testimony for this particular public
9 hearing? _
10 (No Response)
11 MAYOR PROCHASKA : Then what I would
12 like to do is entertain a motion to postpone this
13 public hearing to the date of April 25th .
14 Is that enough time to get the
15 notice out again?
16 MR . WYETH : Yes , sir, it is .
17 MAYOR PROCHASKA: Okay . To the date
18 of April 25th, 2006, here at the City Council
19 chambers .
20 MR. KRAMER : And, again, we served
21 the correct dates on the individual owners, it
22 was just somewhere between the transcription and
23 the date --
24 MAYOR PROCHASKA: And the posting .
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1 MR. KRAMER: Right, and the posting
2 was fine , too, so all that will go is the
3 certificate of publication . The services are all
4 good and they will continue to the 25th .
5 MAYOR PROCHASKA: Okay. So with
6 that, I would entertain a motion to postpone this
7 public hearing to April 25th here in the City
8 Council .
9 MS . SPEARS : So moved .
10 MR. BOCK: Second.
11 MAYOR PROCHASKA: Moved and
12 seconded . May I have roll call, please?
13 MS . MILSCHEWSKI : Burd.
14 MS . BURD: Aye .
15 MS . MILSCHEWSKI : James .
16 MR. JAMES : Aye .
17 MS . MILSCHEWSKI : Munns .
18 MR. MUNNS : Aye .
19 MS . MILSCHEWSKI : Bock.
20 MR . BOCK: Aye .
21 MS . MILSCHEWSKI : Spears .
22 MS . SPEARS : Aye .
23 MS . MILSCHEWSKI : Wolfer .
24 MR . WOLFER: Aye .
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1 MS . MILSCHEWSKI : Besco .
2 MR . BESCO: Aye .
3 MAYOR PROCHASKA: Motion is carried .
4 MR . KRAMER: Thank you, Mayor .
5 MAYOR PROCHASKA: Next we have a
6 public hearing . I would entertain a motion to go
7 into public hearing to discuss a petition from
8 Kendall Creek Development, LLC, Petitioners ,
9 request to annex to the United City of Yorkville
10 and rezone from Kendall County A-1 Agricultural
11 to United City of Yorkville R-2 One-Family
12 Residence District , and for hearing as to the
13 annexation agreement of petitioner .
14 The real property consists of
15 approximately 141 . 31 acres south of Route 126,
16 east of Route 47 , north of Ament Road, and west
17 of Ashley Road, Kendall Township, Kendall County,
18 Illinois .
19 MR . WOLFER : So moved .
20 MR. JAMES : Second.
21 MAYOR PROCHASKA: So moved and
22 seconded. Roll call , please .
23 MS . MILSCHEWSKI : Wolfer .
24 MR . WOLFER: Aye .
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1 MS . MILSCHEWSKI : James .
2 MR . JAMES : Aye .
3 MS . MILSCHEWSKI : Munns .
4 MR . MUNNS : Aye .
5 MS . MILSCHEWSKI : Burd .
6 MS . BURD: Aye .
7 MS . MILSCHEWSKI : Spears .
8 MS . SPEARS : Aye .
9 MS . MILSCHEWSKI : Bock .
10 MR . BOCK : Aye .
11 MS . MILSCHEWSKI : Besco .
12 MR . BESCO : Aye .
13 MAYOR PROCHASKA: Motion is carried .
14 We are now in public hearing . Is there someone
15 here representing the petitioner?
16 WHEREUPON :
17 JAMES OLGUIN,
18 testified before the Yorkville City Council as
19 follows :
20 MR. OLGUIN : Thank you, Mayor . My
21 name is Jim Olguin . I am with the law firm of
22 Goldstine , Skrodzki, Russian, Nemec & Hoff . Our
23 offices are located at 835 McClintock Drive in
24 Burr Ridge , and as previously stated tonight , I
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1 am here on behalf of Kendall Creek Development .
2 Also here with me this evening
3 from Kendall Creek Development are Dan Harper and
4 Dave Knott , the project managers for the Hudson
5 Lake Subdivision, which is the subject of our
6 various petitions .
7 The ' petitioner submitted an
8 application for annexation and rezoning of
9 approximately 141 acres of property from the
10 present County A-1 District to the City ' s R-2
11 One-Family Residence District .
12 The property, as shown by this
13 regional map, is located south of Raintree
14 Village, west of the Prestwick of Yorkville .
15 Their requested annexation and
16 rezoning is consistent with the city ' s projected
17 use for this particular property.
18 Once again, the proposed use
19 for the property is consistent with what the city
20 envisions for this particular parcel , and I ' ll
21 walk back here again .
22 For a more detailed layout of
23 what has been submitted for preliminary plan
24 approval, we have this plan .
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1 It also shows that it ' s all
2 going to be single-family detached homes .
3 There ' s going to be no townhome component .
4 There is approximately a
5 ten-acre site, which is immediately south of the
6 school site that was established in Raintree
7 Village that we are going to be providing for the
8 school district for possible expansion of their
9 facilities, such as ball fields , tennis court ,
10 possible additional parking.
11 Based on comments and
12 discussions we ' ve had with Staff and the
13 consulting engineer, we have realigned some of
14 the roadways based on trying to provide access to
15 that additional school site area, and maintain
16 the Penman Road extension as a nice thoroughfare
17 with limited access to make sure that we are
18 trying to maintain the traffic movement .
19 We have submitted -- and part
20 of what tonight ' s meeting is about is review of
21 the annexation agreement .
22 We have submitted a copy of a
23 proposed annexation agreement to the city and to
24 the city attorney for review and comment .
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1 With that, we ' d be happy to
2 answer any questions you might have on either the
3 annexation agreement, the proposed plan, or
4 anything else having to do with the subdivision .
5 MAYOR PROCHASKA: Anything else --
6 MR . OLGUIN : Oh, I ' m sorry, Mayor .
7 Just one more comment on the particular -- on the
8 annexation agreement .
9 During plan council it was
10 suggested if there is any additional -- if there
11 is any deviations from the engineering
12 requirements that the City might have that that
13 might be included in the annexation agreement by
14 attaching any engineering plans to the annexation
15 agreement, so that would be the only addition
16 that we would request, but I think that that
17 would be based on your coming agreement with the
18 city regarding what would be appropriate and
19 acceptable engineering for the site .
20 MAYOR PROCHASKA: At this time I
21 would ask if there is anybody in the audience
22 that would like to give comment, ask questions ,
23 anything dealing with this project .
24 (No Response )
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1 MAYOR PROCHASKA: Hearing none, I -
2 would ask if there is any --
3 MR. KING : How many homes are in
4 this project? How many homes are in this
5 project?
6 MAYOR PROCHASKA: Can you please
7 stand up and state your name?
8 WHEREUPON :
9 LOREE KING,
10 testified before the Yorkville City Council as
11 follows :
12 MR. KING : My name is Loree King,
13 900 East Spring Street . How many homes are in
14 this project .
15 MR. OLGUIN : There is a total of 231
16 units , for -- the total dwelling unit per acre is
17 1 . 6, so it ' s not a very intensely used site .
18 It ' s a pretty low density .
19 MR. KING: You said it was R-2 ?
20 MR . OLGUIN : R-1 . I ' m sorry, R-2 .
21 MAYOR PROCHASKA : R-2 .
22 MR. KING : How much park district is
23 there?
24 MR. OLGUIN : The park site that --
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1 We met with the park board and the park board has
2 not requested that any additional park site be
3 provided, except there is a small corner piece,
4 and I will point it out for the benefit of
5 Council here --
6 MR . KING : That ' s fine . What ' s the
7 acres?
8 MR. OLGUIN : The park acreage is
9 just under an acre . And the reason -- and the
10 reason that there was not a park site that was
11 specifically designated on this parcel was
12 because there is a park site right touching this
13 project on the east, on the Prestwick of
14 Yorkville subdivision .
15 There is also a park site just
16 north adjacent to the school site in the Raintree
17 Village, and I believe there is also another park
18 site immediately to the west in the Windett Ridge
19 subdivision .
20 This is in conjunction with the
21 ten acres that ' s being given to the school for
22 park-type uses , such as ball fields and tennis
23 courts and things like that , that the park board
24 felt that no additional park site was needed .
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1 MAYOR PROCHASKA: Okay . Have you
2 had that discussion with the school district as
3 far as I think you have added the additional
4 acreage?
5 MR. OLGUIN : Yes . And actually this
6 is based on comments that we have received from
7 the school, one about the size, two about the
8 location of the street .
9 Some of the previous versions
10 of this plan showed this Boulder Ridge Drive
11 south of a line of homes bordering the parcel .
12 The school district doesn ' t
13 have a concrete plan yet regarding what ' s going
14 to be here and what -- you know, if they would
15 want an additional access point off of that
16 roadway, so what we did at their request was to
17 move Boulder Ridge so it does touch a good
18 portion of their parcel, so if need be , they
19 could adjust any access points .
20 Also it would allow for, you
21 know, kids who are walking to access the school
22 site without necessarily cutting through people ' s
23 yards .
24 So those were based on comments
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1 that we did receive .
2 MAYOR PROCHASKA: Sir, do you have
3 any other questions?
4 MR. KING : One other question . As
5 most people in this room know, we just had a
6 referendum pass . We can ' t afford to fund our
7 schools .
8 Are you going to do brick and
9 mortar there or just land?
10 MR. OLGUIN : Actually it is going to
11 be a combination of land and cash that is given
12 to the school district in accordance with the
13 requirements .
14 MR. KING : What is the intended
15 impact value per lot?
16 MR. OLGUIN : As far as -- I don ' t
17 know what the -- The school does have a
18 calculation of per unit , but it ' s going to depend
19 on how big the different homes are, and unlike a
20 lot of developments that you see in the community
21 here, our developer doesn ' t do all the
22 construction, doesn ' t build all the homes , so
23 you ' re going to get a different look among the
24 various -- you are going to have different
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1 products and different homes that are going to be
2 built here, so it ' s difficult for the developer
3 to specifically identify how many three-bedroom
4 homes , how many four-bedroom homes are going to
5 be within the site, and that would have an impact
6 on the number of kids it generates, so that makes
7 it difficult , too .
8 MR. KING : That ' s a key value as far
9 as the values for our schools .
10 MR . OLGUIN : Sure . And I think
11 that ' s one of the reasons the school district
12 requested the additional land to provide
13 additional room, to be able to service any
14 additional kids not only for this site, but all
15 the ones that will be feeding into that school .
16 MR. KING : Last question . How many
17 accesses do you have to main thoroughfares?
18 MR. OLGUIN : There is actually --
19 Did you want to take a look at this plan? There
20 are access points to the south, two to the south,
21 two to the east -- I ' m sorry, one to the east ,
22 one to the north to the existing connecting
23 point , and to the west as well .
24 MR . KING : Thank you .
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1 MAYOR PROCHASKA: Anyone else?
2 Paul .
3 MR . JAMES : I ' ve got a couple
4 questions . As for the parks , the surrounding
5 parks that are in there, so you are still
6 contributing to the parks , the way you are going
7 to do it is land cash.
8 MR . OLGUIN : Correct .
9 MR. JAMES : So instead of putting a
10 park site there, they ' re going to be giving money
11 to the park department , and then they are going
12 to use that money in the facilities , so that
13 brings up a question about the school .
14 You said it ' s an additional ten
15 acres next to an existing school site .
16 MR. OLGUIN : Right .
17 MR. JAMES : So what size is -- How
18 much land is at that school site? And are they
19 looking just to add ten acres of land and not put
20 a school there?
21 MAYOR PROCHASKA: I believe the
22 referendum, that 's where I believe the middle
23 school site is to be built .
24 MR . JAMES : Correct . But that
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1 additional ten acres , the school will be on that
2 additional ten acres , or is that just for extra
3 open space?
4 MR . OLGUIN: Based on the plans that
5 I have seen -- But, once again, I ' m not sure if
6 the school has a firm plan that they have
7 completely accepted.
8 I have talked to the people
9 that are doing their planning for them and they
10 showed me a plan of a building that is located
11 entirely within the property in the Raintree
12 Village subdivision .
13 MR. JAMES : That ' s what I thought .
14 MR. OLGUIN : The additional land
15 it ' s my understanding is for additional ball
16 fields , possible tennis courts , some possible
17 additional parking if they believe it ' s
18 necessary, but it ' s mainly I think additional
19 amenities for the -- for that school .
20 There is already I believe a
21 track and stadium facility that is also meant to
22 be constructed entirely on the Raintree Village
23 site .
24 MR . JAMES : So you have the option
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1 of giving the ten acres as land or giving cash to
2 the school, correct?
3 MR. OLGUIN : Well, actually our
4 original plan showed an entire cash donation to
5 the school district .
6 MR. JAMES : So your original plan
7 had a cash donation to the school district --
8 MR. OLGUIN : Correct .
9 MR. JAMES : -- and they opted for
10 land?
11 MR. OLGUIN : Right . They said that
12 they wanted land . I think that there is a total
13 of approximately 15 acres that we are responsible
14 for providing the school district . They opted
15 for ten acres , plus the other five in cash .
16 And also we are -- In order so
17 that all this property is going to be usable ,
18 they requested that we accommodate all the
19 detention for those additional ten acres within
20 our subdivision, and we have agreed to do that .
21 MR. JAMES : What was that amount
22 of -- Do you remember the cash amount?
23 MR. OLGUIN : That I don ' t recall .
24 MR . JAMES : Because I ' m just curious
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1 that they are opting for the land versus the
2 money and they ' ve already got enough land to put
3 a school on, all this is going to be is open
4 space next to a school .
5 It just seems like when they
6 are a little bit strapped for cash, they should
7 be looking for the cash and not for the land .
8 MAYOR PROCHASKA: Okay . Again,
9 that ' s why we asked the school district to look
10 at that and give us their comments . Yes , Rose .
11 MS . SPEARS : I have a couple of
12 comments . I would suggest that we revise the
13 portion -- the top portion on Page 4 where it
14 says city development fees , and they are making a
15 specific amount .
16 I would like it to say city
17 development fees as required by city ordinance
18 because the fees continuously change .
19 MAYOR PROCHASKA: Well , that ' s -- I
20 think we are getting into the thing about not
21 being Home Rule and setting fees . Can we -- I
22 don ' t know if we can open that .
23 MS . SPEARS : So if our fees do
24 change and he has not -- this development has not
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1 built out, then they are locked into these fees
2 here?
3 MAYOR PROCHASKA: No . Actually, if
4 you look, there is a provision in here -- In
5 fact , I was just looking at it . It says that
6 they asked that they be locked for five years ,
7 but after that they can change according to
8 whatever the fees --
9 MR. JAMES : So if they don ' t develop
10 in five years and then fees go up after five
11 years , then they would be subject to that?
12 MAYOR PROCHASKA: And I am not
13 opposed to looking at shortening that time
14 because, again, that ' s one of the issues that
15 happens , that if things sit out there too long --
16 MS . SPEARS: But we could do that if
17 we so choose, correct, rather than saying the
18 five years?
19 MAYOR PROCHASKA: That ' s a good
20 question . I guess we need to have our attorney
21 handle that because he had always told me that ' s
22 what the fees were , that we were locked --
23 MR . WYETH : As part of the
24 agreement , it can be a variety of things . Now
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1 that we understand what they are asking for,
2 could it be open-ended at any point in time .
3 MS . SPEARS : Exactly .
4 MR. WYETH : I 'm sure Mr . Olguin has
5 a different opinion on that .
6 MR. OLGUIN : Our concern is that --
7 Obviously we don ' t have any objection and the
8 information that we had on that Page 4 what the
9 fees are are based on our understanding of what
10 the city ' s fees currently are .
11 MAYOR PROCHASKA: Sure .
12 MR. OLGUIN : If at the time that we
13 are -- that this annexation agreement is coming
14 up those fees were different obviously, it would
15 make sense to have those correct fees within
16 here .
17 From the development point ,
18 there is some importance to having at least the
19 fees locked in for a period of time because once
20 they start developing, they are basing their
21 pricing of their lots , the contracts that they
22 are entering into, once again they ' re not going
23 to do -- it ' s not going to be -- they are not
24 going to develop out the entire development based
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1 on a handful of models , they are selling it to
2 various builders , and the pricing is very
3 important for them to know because they have to
4 pay up front . If that increases , that affects
5 the value of the lots .
6 And also our purchasers of the.
7 lot want to know and lock in if they are going to
8 be responsible for these fees, what those fees
9 are going to be, and there is always a lag time
10 between the time that you approve the subdivision
11 and all the public improvements were located, and
12 that could take a year or two just to get all the
13 public improvements in place so that the lots can
14 actually be built upon, and during that time
15 period, lots are being sold.
16 And, once again, we want to try
17 to have at least some -- some structure there
18 that we know what the costs are going to be when
19 we market them, they can do it and make sure
20 that, one , it ' s going to be profitable for them,
21 and the builder is also going to know what they
22 are paying for, so that ' s the basis why we are
23 trying to lock in .
24 MS . SPEARS: But from the city ' s
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1 standpoint, we have realized, and also the school
2 district , our fees really need to be increased,
3 we are running out of building space here , the
4 schools need additional money, and these are all
5 things we are going to have to address , and I am
6 not comfortable with locking fees in right now
7 for a five-year period because we are growing so
8 rapidly and we keep getting more developments in
9 here .
10 And also, have you selected
11 names for your streets yet?
12 MR. OLGUIN: Yes , actually we have
13 selected some streets , and they are identified in
14 the subdivision packets .
15 MS . SPEARS : Did you select any from
16 our historical list?
17 MR. OLGU_IN : Yes , there was .
18 MS . SPEARS : How many did you get?
19 Was it a percentage?
20 MR . OLGUIN : No, I think there was
21 just probably one, one name from the historical
22 list .
23 MS . SPEARS : That ' s all I have .
24 MAYOR PROCHASKA: Again, just
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1 listening -- Because I don ' t disagree with what
2 you are saying, Rose . The big thing that I was
3 told is that when we do this , we have to set the
4 fees here, and John just said, set something .
5 They can change it .
6 But somehow we have to set fees
7 in the agreement, and either then they can -- you
8 know, whenever they replat they do it or -- you
9 know, I think the verbiage we put on there, as
10 long as it ' s spread equally across -- how would
11 that go, equally spread across town, we can --
12 they can all go up because we do that I know with
13 some of the connection fees , because if it ' s the
14 same across town, if it ' s equally applied --
15 . MR . WYETH : Equally applied.
16 MAYOR PROCHASKA: Equally applied.
17 There is some advantage there that would allow
18 those fees to be applied across .
19 Because I agree that -- I
20 understand the need for consistency, but I also
21 understand the need that sometimes things sit for
22 five or six or eight or ten years and all of a
23 sudden the fee that was set up then is no longer
24 valid, so --
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1 MS . SPEARS : Maybe we can limit it
2 to two or three years also at this time instead
3 of being at five .
4 MAYOR PROCHASKA: That ' s what I was
5 thinking, maybe a shorter time . Maybe tie it
6 that the fee would come into effect when that
7 particular thing was platted, . not necessarily
8 annexation. Those are things we can look at .
9 Anything else? Paul .
10 MR. JAMES : Yeah . On the main
11 roads , is there plans to put turn lanes on
12 Route 47 , 126, Ament Road and Ashley Road?
13 I know that you don' t abut to
14 them, but if you did, that ' s something that we
15 would be requesting, is that you put in turn
16 lanes , because you ' ve a got a unique piece of
17 property that kind of sits in the center and you
18 are surrounded by all the other properties .
19 I really think that we should
20 be looking at making sure that we ' ve got proper
21 turn lanes to all the major roads , and if we
22 don ' t have them on 126 and 47 , maybe even on
23 Ament and Ashley Road they should be added .
24 MR. OLGUIN : And I think 126 already
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27
1 required turn lanes as part of the subdivision --
2 to the Crossroad subdivision, so I believe that ' s
3 already been addressed as far as 126 , and as part
4 of this development, part of the process that we
5 are going through with the preliminary plat , city
6 staff has requested -- and we already provided
7 one traffic study and it has requested that it be
8 updated based on some of the changes that have
9 been made to the plan, so that ' s going to be
10 submitted to the city for review as well .
11 MR . JAMES : Okay . So it sounds like
12 126 is kind of taken care of, but let ' s not
13 forget about Ament Road and Ashley Road .
14 MAYOR PROCHASKA: Ament and Ashley
15 Roads, are those township roads? Those are
16 township roads , which means they fall under our
17 $2 , 000 -- that ' s what they pay -- the $2 , 000
18 toward upgrading those roads , as the perimeter
19 arterials .
20 My bigger concern would be 47 ,
21 where there is really no funding for that ,
22 because 71 already has turn lanes on it as you go
23 into Raintree, and -- but I don ' t know if there
24 is plans for anything on 47 on those two
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1 entrances into Windett Ridge .
2 MR. JAMES : So basically this
3 development, I want to make sure we ' ve got --
4 it ' s all off main roads, we ' ve got proper turn
5 lanes to get into this subdivision and don ' t
6 forget about it because it ' s a unique subdivision
7 surrounded by all the other lands .
8 MAYOR PROCHASKA: Well , I know the
9 2 , 000 -- That ' s why we collect the 2 , 000 per home
10 for the city, and now the fee is whatever it is ,
11 $1 , 500 for the county, so that we can upgrade
12 county roads in that area, too . That ' s a good
13 point .
14 Anyone else?
15 (No Response) .
16 MAYOR PROCHASKA: Okay . And I would
17 entertain a motion to close the public hearing .
18 MS . SPEARS : So moved.
19 MS . BURD: Second.
20 MR. WOLFER: Second .
21 MAYOR PROCHASKA: Moved and
22 seconded . May I have roll call, please?
23 MS . MILSCHEWSKI : Wolfer .
24 MR. WOLFER: Aye .
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1 MS . MILSCHEWSKI : James .
2 MR. JAMES : Aye .
3 MS . MILSCHEWSKI : Munns .
4 MR. MUNNS : Aye .
5 MS . MILSCHEWSKI : Burd .
6 MS . BURD : Aye .
7 MS . MILSCHEWSKI : Spears .
8 MS . SPEARS : Aye .
9 MS . MILSCHEWSKI : Bock .
10 MR. BOCK: Aye .
11 MS . MILSCHEWSKI : Besco .
12 MR. BESCO : Aye .
13 MAYOR PROCHASKA: Motion is carried.
14 Thank you .
15 MR. OLGUIN : Thank you , Mayor .
16 Thank you, Aldermen .
17 (Which were all the
18 proceedings had in
19 the public hearing
20 portion of the
21 meeting . )
22 ---000---
23
24
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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 WITiNESSSS WHEREOF I have hereunto set
15 m h d this _ I ay of
16 — 2006 .
17
18
19
20 '
QCH ONM _ _b--S STI VITOSH, C .
21 CSR License No . 084-002883
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
Yorkville City Council 31
March 28 , 2006
$1,500 28:11, 28:11 acreage 13:8, 14:4 27:22 B-3 3:9
$2,000 27:17, 27:17, acres 3:13, 7:15, 9:9, amenities 18:19 back 9:21
27:17, 27:17 13:7, 13:21, 17:15, Ament 3:14, 7:16, ball 10:9, 13:22,
00300 2:16 17:19, 18:1, 18:2, 26:12, 26:23, 27:13, 18:15
084-002883 30:24 19:1, 19:13, 19:15, 27:14 Bank 3:6
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12 7:15, 26:12, 27:3 across 25:10, 25:11, amount 19:21, 19:22, 11:17, 14:6, 14:24,
126 26:22, 26:24, 25:14, 25:18 20:15 18:4, 22:9, 22:24,
27:12 Actually 14:5, 15:10, ANN 2:10 27:8
141 9:9 16:18, 19:3, 21:3, annex 3:7, 7:9 basically 28:2
141.31 7:15 23:14, 24:12 annexation 3:5, 3:11, basing 22:20
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2006. 30:18 10:15, 11:10, 13:2, answer 11:2 18:20, 27:2
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above-entitled 1:7 11:8, 11:13, 11:15, Avenue 2:16 builders 23:2
abut 26:13 11:17, 21:24, 22:13, Aye 3:21, 3:23, 4:1, building 18:10, 24:3
acceptable 11:19 25:7 4:3, 4:5, 4:7, 4:9, built 16:2, 17:23,
accepted 18:7 Agricultural 3:8, 7:10 6:14, 6:16, 6:18, 6:20, 21:1, 23:14
access 10:14, 10:17, Alderman 2:3, 2:4, 6:22, 6:24, 7:2, 7:24, BURD 2:5, 3:22, 3:23,
14:15, 14:19, 14:21, 2:5, 2:6, 2:7, 2:8, 2:9 8:2, 8:4, 8:6, 8:8, 6:13, 6:14, 8:5, 8:6,
16:20 Aldermen 29:16 8:10, 8:12, 28:24, 28:19, 29:5, 29:6
accesses 16:17 Alderwoman 2:10 29:2, 29:4, 29:6, 29:8, Burr 8:24
accommodate 19:18 Allegiance 3:1 29:10, 29:12 Business 3:9, 30:8
accordance 15:12 allow 14:20, 25:17
according 21:7 already 18:20, 20:2,
acre 12:16, 13:9 26:24, 27:3, 27:6, < B > < C >
Depo Court Reporting Service
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Yorkville City Council 32
March 28 , 2006
C.S.R. 1:8, 30:23 connecting 16:22 department 17:11 11:14, 11:19
calculation 15:18 connection 25:13 depend 15:18 enough 5:14, 20:2
call 3:19, 6:12, 7:22, consistency 25:20 designated 13:11 entering 22:22
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care 27:12 consists 3:12, 7:14 detailed 9:22 6:6, 7:6, 28:17
carried 7:3, 8:13, constructed 18:22 detention 19:19 entire 19:4, 22:24
29:13 construction 15:22 develop 21:9, 22:24 entirely 18:11, 18:22
cash 15:11, 17:7, consulting 10:13 developer 15:21, 16:2 entrances 28:1
19:1, 19:4, 19:7, contains 30:14 developing 22:20 envisions 9:20
19:15, 19:22, 20:6, continue 6:4 Development 7:8, Equally 25:10, 25:11,
20:7 continuously 20:18 9:1, 9:3, 20:14, 20:17, 25:14, 25:15, 25:16
center 26:17 contracts 22:21 20:24, 22:17, 22:24, established 10:6
certain 4:24 contributing 17:6 27:4, 28:3 evening 9:2
certificate 6:3 copy 10:22 developments 15:20, Exactly 22:3
Certified 30:7 corner 13:3 24:8 except 13:3
chambers 5:19 Correct 5:21, 17:8, deviations 11:11 existing 16:22, 17:15
change 20:18, 20:24, 17:24, 19:2, 19:8, different 15:19, expansion 10:8
21:7, 25:5 21:17, 22:15, 30:13 15:23, 15:24, 16:1, extension 10:16
changes 27:8 costs 23:18 22:5, 22:14 extra 18:2
choose 21:17 Council 1:1, 4:19, difficult 16:2, 16:7
CHRISTINE 1:8, 30:6, 5:18, 6:8, 8:18, 11:9, disagree 25:1
30:23 12:10, 13:5 discuss 7:7 < F >
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2:11, 2:12, 2:20, 3:7, 7:10, 7:17, 9:10, discussion 14:2 facilities 10:9, 17:12
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collect 28:9 currently 22:10 Drive 8:23, 14:10 20:18, 20:21, 20:23,
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comment 10:24, 11:7, < D > 23:8, 23:8, 24:2, 24:6,
11:22 Dan 9:3 25:4, 25:6, 25:13,
comments 10:11, DANIEL 4:18 < E > 25:18
14:6, 14:24, 20:10, date 4:13, 4:14, 4:24, East 2:16, 7:16, felt 13:24
20:12 5:13, 5:17, 5:23 12:13, 13:13, 16:21, fields 10:9, 13:22,
community 15:20 dates 5:21 16:21 18:16
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concrete 14:13 DEAN 2:6 engineer 10:13 first 4:11, 30:6
conjunction 13:20 density 12:18 engineering 11:11, five 19:15, 21:6,
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Yorkville City Council 33
March 28 , 2006
21:10, 21:10, 21:18, 12:4, 12:13, 14:11, JUSTIN 2:18 little 20:6
25:22, 26:3 15:19, 15:22, 16:1, LLC 7:8
five-year 24:7 16:4, 16:4 located 3:13, 8:23,
follows 4:20, 8:19, hour 1:9 < K > 9:13, 18:10, 23:11
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homes 10:2, 12:3, JOSEPH 2:9 listening 25:1 8:3, 8:5, 8:7, 8:9, 8:11,
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Yorkville City Council 34
March 28 , 2006
28:23, 29:1, 29:3, 22:14 13:1, 13:1, 13:2, 13:8, portion 14:18, 20:13,
29:5, 29:7, 29:9, 29:11 offices 8:23 13:10, 13:12, 13:15, 20:13, 29:20
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mortar 15:9 Old 3:6 parking 10:10, 18:17 6:1
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7:3, 7:6, 8:13, 28:17, 8:21, 11:6, 12:15, part 10:19, 21:23, 6:6
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move 14:17 14:5, 15:10, 15:16, particular 5:8, 9:17, 27:5
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6:9, 6:11, 7:19, 7:21, 17:16, 18:4, 18:14, pass 15:6 Prestwick 9:14, 13:13
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north 3:14, 7:16, 26:11, 27:24 projected 9:16
13:16, 16:22 plat 27:5 proper 26:20, 28:4
notes 30:13 < P > platted 26:7 properties 26:18
notice 5:15 P.M. 1:9 please 3:19, 6:12, property 3:12, 7:14,
number 16:6 packets 24:14 7:22, 12:6, 28:22 9:9, 9:12, 9:17, 9:19,
Page 20:13, 22:8 Pledge 3:1 18:11, 19:17, 26:17
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Obviously 22:7, park 12:22, 12:24, points 14:19, 16:20 providing 10:7, 19:14
Depo Court Reporting Service
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Yorkville City Council 35
March 28 , 2006
provision 21:4 reported 30:10 says 20:14, 21:5, 30:7 sits 26:17
public 3:3, 4:11, 4:12, Reporter 30:8 school 10:6, 10:8, six 25:22
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purchasers 23:6 27:7 17:23, 18:1, 18:6, someone 8:14
purpose 3:4 requesting 26:15 18:19, 19:2, 19:5, sometimes 25:21
put 17:19, 20:2, 25:9, required 20:17, 27:1 19:7, 19:14, 20:3, somewhere 5:22
26:11, 26:15 requirements 11:12, 20:4, 20:9, 24:1 sorry 11:6, 12:20,
putting 17:9 15:13 schools 15:7, 16:9, 16:21
Residence 3:10, 24:4 sounds 27:11
7:12, 9:11 Second 3:6, 3:17, south 3:14, 7:15,
< Q > Response 5:10, 6:10, 28:19, 28:20 9:13, 10:5, 14:11,
question 5:5, 15:4, 11:24, 28:15 second. 7:20 16:20, 16:20
16:16, 17:13, 21:20 responsible 19:13, seconded 3:19, 6:12, space 18:3, 20:4,
questions 11:2, 23:8 7:22, 28:22 24:3
11:22, 15:3, 17:4 review 10:20, 10:24, seems 20:5 SPEARS 2:10, 4:6,
27:10 seen 18:5 4:7, 6:9, 6:21, 6:22,
revise 20:12 select 24:15 8:7, 8:8, 28:18, 29:7,
< R > rezone 3:7, 7:10 selected 24:10, 24:13 29:8
R-1 12:20 rezoning 9:8, 9:16 selling 23:1 specific 20:15
R-2 3:9, 7:11, 9:10, Ridge 8:24, 13:18, sense 22:15 specifically 13:11,
12:19, 12:20, 12:21 14:10, 14:17, 28:1 served 5:20 16:3
Raintree 9:13, 10:6, Road 1:9, 3:14, 3:14, Service 3:9, 16:13 spread 25:10, 25:11
13:16, 18:11, 18:22, 7:16, 7:17, 10:16, services 6:3 Spring 12:13
27:23 26:12, 26:12, 26:23, set 25:3, 25:4, 25:6, ss 30:2
rapidly 24:8 27:13, 27:13 25:23, 30:16 stadium 18:21
rather 21:17 Roads 26:11, 26:21, setting 20:21 Staff 10:12, 27:6
real 3:12, 7:14 27:15, 27:15, 27:16, shortening 21:13 stand 12:7
realigned 10:13 27:18, 28:4, 28:12 shorter 26:5 standpoint 24:1
realized 24:1 roadway 14:16 Shorthand 30:8, start 22:20
really 24:2, 26:19, roadways 10:14 30:10, 30:13 State 12:7, 30:1, 30:8
27:21 Roll 3:19, 6:12, 7:22, showed 14:10, 18:10, stated 8:24
reason 13:9, 13:10 28:22 19:4 strapped 20:6
reasons 16:11 room 15:5, 16:13 shown 9:12 Street 12:13, 14:8
recall 19:23 Rose 2:10, 20:10, shows 10:1 streets 24:11, 24:13
receive 15:1 25:2 single-family 10:2 structure 23:17
received 14:6 Route 3:13, 7:15, Sir 5:16, 15:2 study 27:7
referendum 15:6, 7:16, 26:12 sit 21:15, 25:21 Subdivision 9:5,
17:22 Rule 20:21 site 10:5, 10:6, 10:15, 11:4, 13:14, 13:19,
regarding 11:18, running 24:3 11:19, 12:17, 12:24, 18:12, 19:20, 23:10,
14:13 Russian 8:22 13:2, 13:10, 13:12, 24:14, 27:1, 27:2,
regional 9:13 13:15, 13:16, 13:18, 28:5, 28:6
remember 19:22 13:24, 14:22, 16:5, subject 9:5, 21:11
replat 25:8 < S > 16:14, 17:10, 17:15, submitted 9:7, 9:23,
REPORT 1:6 saying 21:17, 25:2 17:18, 17:23, 18:23 10:19, 10:22, 27:10
Depo Court Reporting Service
( 630 ) 983-0030
Yorkville City Council 36
March 28 , 2006
sudden 25:23 try 23:16 walk 9:21
suggest 4:21, 20:12 trying 10:14, 10:18, walking 14:21
suggested 11:10 23:23 wanted 19:12
Suite 2:16 turn 26:11, 26:15, west 7:16, 9:14,
surrounded 26:18, 26:21, 27:1, 27:22, 13:18, 16:23
28:7 28:4 whatever 21:8, 28:10
surrounding 17:4 two 14:7, 16:20, whenever 25:8
sworn 30:7 16:21, 23:12, 26:2, WHEREOF 30:16
27:24 WHEREUPON 4:17,
8:16, 12:8
< T > whole 5:6
talked 4:22, 18:8 < U > will 6:2, 6:4, 13:4,
ten 13:21, 17:14, understand 22:1, 16:15, 18:1
17:19, 18:1, 18:2, 25:20, 25:21 Windett 13:18, 28:1
19:1, 19:15, 19:19, understanding 18:15, within 16:5, 18:11,
25:22 22:9 19:19, 22:15
ten-acre 10:5 unique 26:16, 28:6 without 14:22
tennis 10:9, 13:22, unit 12:16, 15:18 WITNESS 30:16
18:16 United 1:2, 2:19, 3:7, WOLFER 2:6, 4:8,
testified 4:19, 8:18, 3:81 7:9, 7:11 4:9, 6:23, 6:24, 7:19,
12:10 units 12:16 7:23, 7:24, 28:20,
testimony 5:8 unlike 15:19 28:23, 28:24
they've 20:2 updated 27:8 WYETH 2:15, 2:18,
thinking 26:5 upgrade 28:11 4:22, 5:16, 21:23,
thoroughfare 10:16 upgrading 27:18 22:4, 25:15
thoroughfares 16:17 usable 19:17
three 26:2 uses 13:22
three-bedroom 16:3 <Y>
tie 26:5 yards 14:23
tomorrow 4:13 < V> year 23:12
tonight 5:1, 8:24, VALERIE 2:5 years 21:6, 21:10,
10:20 valid 25:24 21:11, 21:18, 25:22,
top 20:13 value 15:15, 16:8, 26:2
total 12:15, 12:16, 23:5 Yorkville 1:2, 1:10,
19:12 values 16:9 2:20, 3:7, 3:9, 4:19,
touch 14:17 variety 21:24 7:9, 7:11, 8:18, 9:14,
touching 13:12 various 9:6, 15:24, 12:10, 13:14
toward 27:18 23:2
town 25:11, 25:14 verbiage 25:9
townhome 10:3 versions 14:9 < Dates >
Township 3:15, 7:17, versus 20:1 march 28, 2006 1:8,
27:15, 27:16 Village 9:14, 10:7, 1:8, 1:8
track 18:21 13:17, 18:12, 18:22
traffic 10:18, 27:7 VITOSH 1:8, 30:6,
transcript 30:13 30:23
transcription 5:22
true 30:12
Trust 3:6 < W >
Depo Court Reporting Service
( 630 ) 983-0030
Page 1 of 4 Di�FT
UNITED CITY OF YORKVILLE
DOWNTOWN REDEVELOPMENT MEETING
Monday,February 13,2006,6:30pm
Council Chambers
City Attendance:
Mayor Art Prochaska
Guest Sneakers
Lisa Lyon, Ehlers &Associates
Kathleen Orr, TIF Attorney
Guests:
(Many residents). See attached guest list. (Not all attendees signed)
The meeting was called to order at 6:38pm by Mayor Art Prochaska.
The Mayor introduced Ms. Lisa Lyon of Ehlers&Associates and Ms. Kathleen Orr,TIF
Attorney and turned the meeting over to Ms. Orr who would be the moderator.
Ms. Orr explained the concept of tax increment financing to those in attendance. An
identified area is examined for its assessed valuation to see if it qualifies for revitalization
under the TIF Act. When the property is determined to be eligible, and if the said
property value has increased, the tax on the difference between the present value and the
previous value is calculated. That tax amount is distributed to the municipality,held in a
special account and used for specifically defined purposes. The municipality is allowed
to use that tax money to induce development.
The law referring to TIF's requires many notices and meetings so that all City residents
are aware and particularly those in the designated area. She said the law states that any
TIF area with 75 or more dwellings, must have a pre-meeting so that all residents have an
opportunity to be aware of the area that will be declared a TIF district. Additionally, if
the plan would displace at least 10 people, a meeting must be held. She emphatically
stated that the City has no plan to displace anyone,there will be no condemnations or
eminent domain. She said that property would only be purchased if there was a willing
seller.
Ms. Orr then introduced Lisa Lyon,who is a planning consultant with Ehlers &
Associates and turned the meeting over to her. Ms. Orr said Ms. Lyon would explain
why the area was eligible for a TIF.
Page 2 of 4
Ms. Lyon showed a slide presentation and also distributed a handout. She explained that
there were 1000 TIF's in place in the State of Illinois and two in Yorkville.
She showed slides that were developed in conjunction with the master downtown plan by
Yas Fichtel &Associates. She also listed the goals for the downtown plan (see attached
handout).
Ms. Lyon said that the TIF is a multi-year funding tool that will last 23 years to coincide
with the 25-year master plan. She said the real"engine" of a TIF is to provide private
incentives for building and rehabilitation. Then, increased revenue is generated from
those projects. She emphasized that a TIF does not establish anew tax rate,just new
property values within the TIF district.
She said the State has very specific`Eligibility Findings"to determine a TIF area. Two
of the criteria are to determine if the area is eligible as a conservation area, (i.e., Fox
River) and if there is a lack of growth/development. She also explained the other criteria.
She added that there are 140 units of housing in this district.
Ms. Lyon then explained the eight strategies if the area is declared a TIF district. One of
the most significant of these is improved infrastructure and would include grade changes
between Van Emmon and Hydraulic.
Mayor Prochaska said this is the beginning of the process and the City is looking for
comments and input from the citizens to encourage redevelopment.
On March 17th a plan will be available for viewing at City Hall, according to Ms. Orr.
She also said that another Public Hearing will be held on May 23`d and will explain what
is reimbursible.
The Mayor then opened the floor for comments. The questions, answers and discussion
that followed are listed below:
Dave Williams,401 W. Madison
Mr. Williams asked what other TIF districts the City has.
Ms. Orr replied that they are Fox Industrial Park(completed) and Countryside Shopping
Center.
Mayor Prochaska added that the Fox Industrial Park TIF was used not only to attract
businesses,but to also keep businesses. Expansion has also occurred with some of those
businesses.
Page 3 of 4
Gary Koerber, 604 S. Main
He asked if a study had been done on the traffic impact before and after.
The Mayor said some traffic issues had been looked at and he added that this project
would be done over the course of 20 years. IDOT has also looked at the traffic and
suggested a"right in-right out"on Hydraulic and making it more traffic-friendly.
However, the Rt. 47 plan has not been approved yet in the legislature even though there is
money in the budget.
Mr. Corey Johnson,507 W. Madison
He stated that there are two school referendums coming this spring in addition to a
proposed TIF. He asked how much of this growth could this capture and take away from
our School District?
Ms. On replied that the increased assessed value in the TIF is not counted against the
assessed value of the school district. Therefore,the state aid remains high because the
growth is not included.
Johanna Bever(sp?), 605 S. State
What are the advantages to owners of historic homes?
Ms. Orr said that the City may enter into an agreement to reimburse expenses for
improvement. Some of these homes may qualify for grants under the Facade Program.
Ms. O'Brien,207 W. Ridee
She said she had contacted the City about this program two years ago and was told it
was only for commercial and not residential.
The Mayor said it had been changed in the last year.
Camille Grimes, 106 Quinsey Lane
Does this plan changeover the years? Will property be added to it?
Property can be removed from the TIF area,but if property is added,the entire process
must start over.
Kathy Koteles, 107 E. Main
She is not in the TIF district, however, she did receive a notice for the meeting.
Anyone within 750 feet of the area will receive notice of the Public Hearing.
Al Birdwell, 127 E. Van Emmon
He wanted to be certain he understood the TIF program.
Ms. Orr said the money can only be used in designated areas and that no tax abatements
are given. Additional real estate taxes might be reimbursed.
Page 4 of 4
Dale Woodworth,Main St. (no #given)
Why was the river placed in the TIF area?
Ms. Lyon said there was some opportunity for recreational activities on the island and
there was also a suggestion of a pedestrian bridge.
Bob Johnson,304 W. Main
He had a question on the boundaries referenced in the letter that was sent.
The letter was incorrect,however,the map was correct.
Mr. Lambke,339 E. Van Emmon
He said his property was non-conforming and wondered how the TIF would affect him.
There will be no effect, according to Ms. Orr.
Lori Milam,501 Heustis
What about the railroad, it goes right through the middle?
Mayor Prochaska said since it is owned by the railroad, the City has no control over it at
this point. The railroad is aware of the redevelopment.
Jay Hamblin, 702 Heustis St.
What developments will come from the TIF?
The Mayor suggested mixed use, some residential and other development to maintain the
downtown character.
LuAnne Peters,301 W. Madison
She asked how the TIF boundaries were determined.
The Mayor gave a brief explanation and said that property must be added now if desired.
Terry Groesch,8433 W. Hiahpoint
She understood her property at 207 W Hydraulic was slated to be a senior center.
Mayor Prochaska stated that this is only a concept at this time and no action will be taken
unless she is willing to sell.
Dan Nicholson,201 E. Van Emmon
Can the City use TIF money to buy properties?
Ms. Orr said yes,however,there are certain legal requirements.
There were no further questions. Mayor Prochaska said that further inquiries could be
directed to him and he thanked everyone for attending. The meeting adj oumed at
7:35pm.
Minutes transcribed by
Marlys Young,Minute Taker
F-tc i
Reviewed By:
Z) c 0� Legal F-1 City Council
EST. 7836 Finance F-1
Engineer ❑
4 ��, 41
City Administrator El Agenda Item Tracking Number
�p Consultant ❑ �G o C0 5 - q�5
CE �? Human Resources ❑
City Council Agenda Item Summary Memo
PNGK Family Limited Partnership Property Annexation Agreement and Development
Title: Agreement(Onishi—McHugh Professional Building)
City Council/COW/Committee Agenda Date: May 2, 2006. CC 5MO(O
Synopsis: Ordinance authorizing the execution; Ordinance Annexing; Ordinance Rezoning
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:
United City of Yorkville Memo
J + ° 800 Game Farm Road
ESL 1 ,�-: rest Yorkville, Illinois 60560
Telephone: 630-553-8545
ag ( "«X Fax: 630-553-3436
Date: April 19, 2006
To: City Council
From: Travis Miller
CC: John Crois, City Administrator
John Wyeth, City Attorney
Subject: PNGK Partnership-McHugh Professional Building
I have reviewed the annexation agreement revised April 10, 2006. Staff comments have
been addresses sufficiently regarding this agreement. There are some outstanding
technical issues that will need to be addressed when the final site plan and engineering
plan is submitted,however,these issues do not effect the pending annexation agreement.
Ems, l
STATE OF ILLINOIS ) Revised April 10, 2006
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 .756 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 reviewed 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 5/11-15.1-1 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 5/11-
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 fiuther 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 substantial conformity 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 board on board fencing on the 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 Faun 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.
In 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
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THE DEVELOPMENT AGREEMENT OF
PNGK FAMILY LIMITED PARTNERSHIP
(1100 McHugh Road)
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 65 ILCS 5111-15.1-1,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 CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City, an Development Agreement concerning the annexation and development of the
real estate described therein,a copy of which Annexation and Planned Unit Development Agreement
is attached hereto and made a part hereof.
Section 2: That 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
JASON LESLIE MARTY MUNNS
ROSE SPEARS DEAN WOLFER
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of A.D. 20
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of , A.D. 20
Attest:
CITY CLERK
2
Prepared by:
Law Offices of Daniel I Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
STATE OF ILLINOIS ) Revised April 10, 2006
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
ORDINANCE ANNEXING THE PROPERTY OF
PNGK FAMILY LIMITED PARTNERSHIP
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 ILLS 5/11-
15.1-1 et. seq.
WHEREAS,said property is contiguous to THE UNITED CITY OF YORKVILLE and not
within the corporate limits of any other municipality; and
WHEREAS,the statutes provide that upon property affirmative vote of 3/4h of the Corporate
Authorities 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.
VALERIE BURD JOSEPH BESCO
JASON LESLIE PAUL JAMES
JAMES BOCK MARTY MUNNS
ROSE SPEARS DEAN WOLFER
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of A.D. 20
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 20
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
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 annexation of the
property.
NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS UPON MOTION DULY 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 "0" 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, Do.'-,
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 NOR [7
40 DEGREES,' 20, MINUTES, 48 SECONDS WEST, 505.41 FEET.;'TC
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 NEWE BRANDT.':
SUBDIVISION; . T.REfjCE SOUTH 43 .DEGREES, 22 MINUTES, 55 w4:.
SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID .,.
SUBDIVISION, 229.39 FEET TO THE MOST EASTERLY CORNER-.,',.
OF SAID SUBDIVISION--, 'THENCE SOUTH 46 DEGREES, 41 *.
MINUTES, 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LIME
OF SAID SUBDIVISION, 150.0 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 59 DEGREES, 06 MINUTES, 43
SECONDS WEST, 190.47 FEET; THENCE NORTH 43 DEGREES, .2:
MINUTES, 03 SECONDS WEST, 190.05 FEET TO THE CENTERLINE
OF McHUGH ROAD;':.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.
i
i.
r.•
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.
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
� l
SITE PLAN GRAPHIC SCALE y�
FOR
McHUGH PROFESSIONAL BUILDING �^ o ^
1 meh-eo x VETERANS PARKWAY
SITE LOCATION
PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF ®^�
THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
f p C�'R�� AMJe9UR vc
PARCEL NO.: 02-28-253-002 �� N' ' •' ` � � . " `A' + p6
AN
WAGS AT cUR.t c °
TOLL FREE 1-800-892-0123 a w A,
UN CORP.
RE +g."4`-'° ry-iL- ✓�° te41' I
SINGLE FAMILY RESIDENTIAL / „^ c*'�nD'a5 i/ ^ wx'
CAD.48 HOURS BEFORE YOU DIG d aE d o N y e e '�.� w.rm uuwGlE
(Two w NINdag day.) I 21.5 xev-xoAO Nom cY PW
° PPr.
(VMBS) 114' NUUMI° n .fiEnN ^, 11
JULIE INC. ( vam uN"Or °._ 1 ^ w NOl6'OA VICINITY MAP
/\ {IIr"Mnn e' m• b+ ;F '� ]'' ' o , smRU u Inc NOT TO MALE
1 a �L (MIIYMP
W q aJ.
frOrc Rf:fLAIEnI 2 m r/F�yl ` ,�^` ... E A.WAT 1tP�
DPr016. 24 hourw a 13 ,\ tr) �'R�P f'{P't!N' I c�* E-aaR..6RN:4Ro
365 days a par 4 (qJ s •O U,/ �, \v°-`61 / 'ep
` d?4 n.�
B-3
f 'r9� COMMERCIAL
SITE DATA 1) 1-1/z•wRFACE MIX c,Nsa / rc` I a ,,, .1 a
/ y $ 4"F "HEARTLAND CENTER"
2 TO-BA E NCAL N50 5 P r1 � ° ^ C ii �C \ \
TOTAL SIZE AREA 38.]29 S.F. 3 t0'BASE, OE%,CRUSHED LIMESTONE `'
4 FABRIC AMOCO 41551 ^ LO
LESS RIGHT-OF-WAY(MdNIW ROAD) 8.388 SF. 5 COMPACTED SUB-BASE ss�' „ �" R _ , o LEGAL DESCRIPTION:
NET SITE AREA 30.981 S.F. 6 GURU BASE,CA-) /@' ^• __ ` wfut'9�\4-UT ^ a oy5\414
E)GSTING ZONING. UNICORP.RESIDENTIAL B-6.12 CURB AND GUTTER /QQ a .Q,�
B) SANCUT.Full-OWED �' a mow' 1. '�o t �'G,&\x THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37
PROPOSED ZONING: 0(OFIME) 1 yy'N1° ga.(N q •y b NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
9 E-1,N IX a..ENT-RESURFACE WON s Y - e�',r� DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY
PROP BLOC S.F.: 7.125 S.F. 1-1/2•MIX C,N50 Nm TADf CEMT /O�'N,`\ 9Q�4�/ `6 d4p,Xb• °.� \s�R 4 \4 \ CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION;
PARKING flEWIRm: 1 SPACE PER 4100 PAY£IAENT WIDENING OETNL-Md1UGH ROAD / Q�L" 1�h"j _ 4a� .CO\or w ey 545444�\f THENCE NORTH 20 DEGREES, 10 MINUTES, 00 SECONDS EAST,
22 SPACES(NO_NOT a5 G,,,, E`,'d\ 4 / + •_ ,., (i�� R J/N Y ua.TO 41 1„UR' �`M1M ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 1479.25 FEET
PARKING FRONDED: 1`. 4 ,,p ^ `` --- \.``` p V sy� TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID
(i SPACE PER 324 S.F.) /�Q d� Q7� �0° la?/ 0`' "" µl ° , ��e� "' SUBDIVISION; VENCE NORTH 72 DEGREES, 02 MINUTES, 51
TOTAL IMPERVOUS AREA TONS A Pmt) 14,123 S.F. J> a Gl. 4 ,F.�N� oy •• rxS�' ' ,y\ B6' \EmnX°m42 `^ 'WA'• \ " SECONDS WEST, ALONG THE SOUTHERLY LINE OF TURRA ROAD,
1 <° ° 4' d4' m°4,\+ �k - t ' Um o'°Ray:\ c 1p4 1360.96 FEET: THENCE SOUTH 49 DEGREES, 29 MINUTES, 08
d SECONDS WEST, 886.93 FEET; THENCE NORTH 40 DEGREES, 20
MINUTES, 48 SECONDS WEST, 505.41 FEET TO THE CENTERLNE
OF MNiUGH ROAD. THENCE SOUTH 49 DEGREES, 20 MINUTES,
SITE BENCHMARKS � % / ^E U oP� ? � \ �\ 00 SECONDS WEST, ALONG SAID CENTERUNE, 533.68 FEET:
/« ,. r„a �aI4 a :^�C \ > 'P THENCE SOUTH 46 DEGREES, 22 MINUTES, 44 SECONDS WEST,
BENCHMARKS PROVIDED By ROAKE AND ASSOCIATE$ING 'b� / I G , D ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY
HEARTLAND OF YORKN SUBDIVISION-UNIT l 4p / 4� �o, qJ 4nr 8 W( \ \\ \ / swMevmuwwE CORNER NEWE BRANDY SUBOIVSION: THENCE SOUTH 43
N"'�W= DECREES, 22 MINUTES, 55 SECONDS 6VSL ALONG THE
f / E-eY Y(NIB'PK NORTHEAS
NOITNANE T FKAREi RMT ON ONE RYDRANT BEMIDI LIOD rs R)A. d a�; ?�A • °'•` cav c BAV `\aSS .v �y aa(s7asw THE MOST EASTERLY CORNER OF SAL DSSUBDI SUBDIVISION; THENCE
ELCVancx=a4l.aa d/ ,¢�P DEGREES, 41 MINUTES, 58 SECONDS NEST, ALONG
S.RFU ^ m ?p, `(/ / � Y /¢ aOJ 1 ° b� ,w.f _�\\\` 'K a -Eu4uuc Uu, THE SOUTHEASTERLY LINE OF SAID SUBDIVISION, 150.0 FEET FOR
S.11.ST eaxsr awr ax FIRE xwRAxT AT INC SaumErsr ,5- �j �• ,5 4P'�b!/An\. reraRU uAw:uc THE POINT OF BEGINNING: THENCE SOUTH 59 DEGREES, 06
ccexm GF uaxucn AND FANUSTEw. O/ q r (yq' ?/ 9 - �c •d ,4yk�p, /� \(00 :� MINUTES, 43 SECONDS NEST, 190.47 FEET; (HENCE NORTH 43
ElsvAnw eu ex C`^ J - Rt444��"k DECREES, 22 MINUTES., O3 SECONDS WEST, 190.05 FEET TO THE
' ?/ �9✓r \� i \\\111 d \ � CENTERLINE OF MCHUGH ROAD: THENCE NORM 4fi DECREES, 05
,({,. I 'ni / + �'* y� MINUTES, 18 SECONDS EAST, ALONG SAID CE14 ERUNE. 185.98
xsemWESrwemxcr ear w DRE xwRAxr AT THE xdtmEAST / 1^' B LD;,N 4� qy, FEET TO ME MOST WESTERLY CORNER OF SAID NELLIE BRANDT
OXPXA a`4WIIGx AND FARU51Gn. J' lla3 .. ' '2 OY 4T° O I`� 4y Yy'+ •ARE
Euv"R O Faun '�„ 125 S()-F7- ,a, +y3 PQ / F 4114 SUBOIVSION: THENCE SCUM 43 DEGREES, 22 MINUTES, 03
� e
?� N' 3 Q'. ` 4 FY '\ '•°°"°' / \an4 '1y q,\ q SECONDS EAST, ALONG SAID SOUTHWESTERLY LINE OF SAID
mw AFNMRANK ED b F PUNCHED A \ a SUBDIVISI N. 23298 FEET TO ME POINT OF BEGINNING IN
NORTH T NOINEr 9Mr OR FWE RwRANT AT THE NRRTRFASr ,/ •N'° * \ ' I O�IJJ a ,r BRISTOL TOWNSHIP, KENDALL COUNTY. ILLINOIS.
aANNER OF FAWSTAD A D HEADLAND. \ •^FOUND PING FAD ,.k ! = f/ Qv .� Ifl611 PI O.J7 �.. s y, t
y A+. x�\ I n.e ` /NppMEAT T'qy \ a., CONTAINING 0.903 ACRES, MORE OR LESS.
DEV.nEN U1eO IRON '
N '�, °
NOTE:
4 •� 11. , p,,, \\\RRR \ MIL LEGAL DESCRIPTION TAKEN FROM A PLAT OF SURVEY BY
M1 d\FLy 1, h _ q •�P'! Tt Y TOPOGRAPHIC D. YOUNG AND ASSOCIATES, INC., LAND SURVEIING -
,�3� ,�\ ::FsT T F � \ \rta:a TOPOGRAPHIC MAPPING DAIEO NOVEMBER 11, 1998,
EL GEND �hSP�^t+xpy` '� � Wes'..aFi� � B"`�` C\
PRn4Rtt 9WXD.ARY wl ru \ `\ °,g �1O FrXS `1 OU°NOD •a y
b Yw
AOMMUC M.ARr uAw °� iPH' j PINCHi011�IAON
oD w y
PI (HOD\ \
11- - �a `\� QJ v • RM1 y d ei REMO EwBnNG FETE �s NOTE:
'ANOFA ."„OL, ° >!+Dx \ �o'e P /k REPLACE MM 8'F 4 \& 1. INFORMATION SHOWN IS BASED ON PUBUC RECORDS
RESIRTal., ° i 7° t / BOARD-ON-SOAR0 NM. AVAILABLE AND SHOULD BE CONSIDERED APPROXIMATE.
--Gl- .- "IFNG N.laic nawwm /� « \°4 N'.' •:.sy" .4` - n f '�
( FYT w \ .,y'y 2. ME UNDERGROUND UTILITIES SHOWN HAYS BEEN LOCATED
ENON.STOP.SNER EAAMPoTFx.nm ` J '4 0 -. o V / ,P .g'^ \r FROM EXISTING UTILITY DRAWINGS, MAPS AND RECORDS
snrl -- rnsnxc s.xlr.Rr sEwm ONE roe wamS \y r g• �) r .SOH,,. 4.'S1` / \ \ SUPPLIED TO ME SURVEYOR. ME SURVEYOR HAS PHYSICALLY
---- w --- FN6TxcwArERUnw \ et , S)6iy �. ? ,:I, N111 FOUND NON PIPE 77 \ LOCATED MSIBLE SMUCMRES; HOWEVER HAS NOT PHYSICALLY
o-wexA,navenm vi
MA UNICORP. i /'t-I 0 4. j -" - .S RA NORTHEAST A \` LOCATED ME UNDERGROUND UNFS.
EaI.G ORDEN....numlC SINGLE FAMILY RESIDENTIAL �„4 p \S(•/'M'� l - /r�t� 7- - \0.10'SoUMEAST \ r At
_.. °.• ^... cwsmle RATIRT D NW. uW n'P AA.
Sf4✓ t °'�M\✓ SOS
.....^� °•_.- ENSrwc cAS sENV,cE VD' a).P.'� - „ / S \eD. \ .
---® --•' - " euswc n'DPnavE !q I \ STATE OF ILLINOIS)
x4p REMfOR,]9 CgMF£LE PIK
- a" %iOPGSEU CONTOUR ONE P,F PMMH'M1 PIH `? y/ \ \ 55
w pNOPOSFD wATBTUwx nc "M° 1¢' '`SINCLE FANALY2RESIDENTIAI\ COUNTY OF KATIE)
A.m wRn /,M.., "HEARTL.hNp, UNIT 1° \
-)-Y pROPGGEO MN.sExm PN. EDGE m MNI:RETE FW ND IRON PIPE " ,(Ep'
0.W.NORTHEAST pP FOUND IRON PWE \ \ HEREBY CERTIFY THAT THIS PLAN WAS PREPARED UNDER MV DIRECT SUPERK}5LON.
-f----.NI- BIDPo9w S.N9IA.r SEx6R uxE Eo FDm m DR. (HEl0 NW/SE) 0.17'NORTHEAST A \ FOR ME EXCLUSIVE USE OF THE CLIENT NOTED BELOW. - �,SCIIEFOa„
fFN[FLXE FP EIIGE Or PA£YENT \ \0.11' SOUTHEAST /;
rIDW LINE /" f `....9190 •'t
--u= PNGPGSED FFXCENNE D 9 y�`\ \ DA AT AURORA, IL IS UST DAY OF MARCH IN 2006.
PreoPDSfD a',FENCE m TRADES - NT
1N.LINE / // ;y,A \ A. SCHDL{a iay..OF...
r eee.oD � EMmxO mor sx0r n -M'°')M1 RICHARD R. SCH REt�//P.E. 2-039]20 EXP 11-JO-200] i 'GU•aa
X e(0.m PRCMSED SPOT MADE m TOP OF PAIELENT \ /•-••••••C..
PROFESSIONAL DESIGN FIRM N0. 184-001327 EXP. 04-30-2007
NO. DATE I REVISION NO. GATE REVISION NO DATE REMSION NILE: STO:PLNN - ..,6, 1 _ - - DRAM BY: DWG.N4 41M
1 8-1-05 ORIGINAL SUBMITTAL 6 10-31-05 REVISED PER CLIENT COMMENTS - MdILA71fli0I�9giN.BlIDlU41G - .TKW
2 $-5-05 REVISED PER CUENT COMMENTS ] 3-1-06 REVISED BUILDING AND LOT LOCATION BMNLCI.TOWLS�,K1'NMI/.GDUNfY.BIdiDN F LEONARD WIFAS & ASSOCIATES CHECKED BY: SCALE:
3 8-12-05 REVISED PER cuENi COMMENTS OUaT' lT1CA(PAAm.Y1NflPpPARRIDt9� ulo ° RAS P-4d1T
'--�( ? DATE: SHEET:
4 8-16-05 REVISED PER CLIENT COMMENTS 9ZIAOAMANUNACE a uxn aw IT» w.°r m '.)•115 1 OP 1
5 10-14-05 REVISED PER CLIENT COMMENTS PAM:as P U wm7mN•.A IT TRn°nd-mm NN,I/ey/MN FA aNg IWkT0.UI.11,11AWA69B818 (aaN n-a1m ra.Taw)m-waL
e
oe
aA
REMOVE TREEFOR RGNTLINfT NTIAL -
e3 3
NSAL MMPROONFNCE �
ANOMAREBESTEFF UTO s flv � 1,xd �` !• �IMI �'
RETAIN MEE DO NOTNfL ON
u
a [
ROOTZONE -, c c` Q� - 53
INSTALL TREEPROTECTlON FENCE
ANOMAREBF3TEFFORTTTO . r p
RETAIN TREE OO NOT RU ON �� � �F tt �. cic •�' I Lo
ROOTZONE t G
,.HEARTL KEY e
r
\
. 1+' _ N / si \\ ,/� � Q� t•- •,\u ey EXISTING TREES a w !gy
EXISTING TREES TO REMOVE „p
0
Q 6 n \ M
0+ 0 + TREE PROTECTION FENCE(SEE DETAIL)
a
e � t
FOUN PINCHT 0
Z
IjiON
y e ,ph ^ , b• y� 1"'I :NORTiEA T Z
f
f' IfX PNO Ffl E J ''
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PINCHTO -1(
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n2 _ \ � !° �t✓� RER&E EXISTING FENCE
REPLACE PATH 6'
BOARD-ON-BOARD FENCE D
y
�eL ah PROPOSEDBERM/NOBT ` TREE PRESERVATION REQUIREMENTS DO c j
- �TOU IRON PIPE -: ORO/NANCE
1016 N THEAST & NOT APPLY. SUBJECT PROPERTY IS 0.756
r wmnn s• 'rc - 0.10' SOU AST . w
'may 9oe ACRES IN SIZE, 4.244 ACRES LESS THAN :
INSTALL TREFPROTKRON FENCf THE 5 ACRE MIN. REQUIREMENT. ; a
_ D-
�o¢rm AWTATE.DO NOT ORTSTO
RETAINT2fE DO FILL ON [., �, w
z ' = FAMILY c W
�� roman 4lrl�i¢ _�. - ROOTZONE O
lFlx(uV���Itta `` FAMILY RESIDENTIAL o s ra rs ��A o � �_
�� A"STC91"` NO IRON PIPE � I;,, "HEARTLAND, UNIT 1”
C9
NORTHEAST FOUND IRON PIPE i
sarc.p=ra V (� _
NW/SE) 0.17' NORTHEAST & 5
`.0.11' SOUTHEAST
PIL
P lVQ 1S III FI.VO[A.MCIML �! `
116 NA'CVL Q MVQQxI r
TREE PROTECTION DETAIL _ PRESERVATION PLAN w J O
KEY
SHADE TREE(OWRSTORY)
2F
%
1 01
ell
INTERMEDIATE TREE(UNDERSTORY)
'Ili
%ago
00 DECID./EVERGREEN SHRUBS
%
PERENNIALS I GRWNDOOVERS
PLANTING LIST- BY TYPE
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FOUND IRON PIPE "HEARTLAND, UNIT 1" 2JUNIAM
0.09' NORTHEAST FOUND IRON PIPE 6GRCLCS�C Q- z•(HELD NW/SE) 0.17' NORTHEAST & Lj
0.11' SOUTHEAST 7' 2 REUBUD
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PRELIMINARY LANDSCAPE PLAN GF.I PRELIMINARY SIGN LANDSCAPE PLAN
PNIf 1-BEKY.sL
Ial Mupprlox E.*-�••��-••--- x.°..Fe(xP[ppupnl
TM[.aN M\Wa.M la Mt..IN IS,I,•rigFp.M SpnwrlYp nll Mtnbl•. b avant[III if• in A%te�»byr`���ov„tN Fla- Rene tM+are alt 1.MI WM toes°M•wrpeen 4e«GUT Fan i (T feet F Way,yC
puy,mnt all IaMr w[esso.Y<^ ae^ tM i.OAAM m,wn less tMn Poe eM[.�tMlf a 1/21 MMS F atmtT atoll M.1.AM aloe
Posts v F eroWr M\1W alvove by tM a•we. co-M•rM he•,+M Port
L Uq AM FI1-pant M1WT.11.!M sal Imo ao-'g Y\0°IIb,ell d.iSMI%eMS ell CwGMr'Own PA-1.%cote wY H a m tv aq M gecee Su-•yn .1 YMn•of ten✓alto.f»M 1..°M Mepetl» d A
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± ebr » x• op.FFF'oce ell prfvn atlw Mlbn\al Um• Y Set" W'1• I Creole W11�N•Pt Met ell YwF•oYatY[�fl b bolt vac t1v ton 1M ercnor ante yoll PbeU of eq 1101 MM• • 4
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t I,.. tlyy atoll b• mN tl,oMS'M wet. M 4T Nwl b tally atuc A FcY.wt
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1a2txal[PVLS pec•e ereM ell blrem •ao ca•W euv coverN •IU Ue ••MII b.A. I e tyw W Ippw°pwov by tM 4 LW nu v my nYp aQ Z.
3 Lente Mr 11 b Mot W m 6'ecGe CY!M 0.rA F
F_ ,AAA Molt, I Cm B,e•n pee\ trot Yw Mat by mote T•G« • 'w sI• n g
wevmt =1. Y Wt�b stomp gtMl`'M.[role wbt amepe a SMM tr Uu,'..(A MM•F c°Ipr-1 wrPM•n 1-1'.\Mn
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11 ac ono-a1MIMe.\Mr c GF taxk aua•te v MrnM 1 sent BM•\h rpsN M bGTn tlw Mlla ao AMY u,, taY-- b ."It,.ill LLg•Ffc aTnA a 4 t t
as pwll b vYfo-n n cdm ell✓.tale.Irn irm Ii...I roots.•M.•Mar r tav-Ort l,1 n enuo 6 51aM trees beat ere iMes(]I Mvs F ebn•Gr W pry•roller Yon fwr ell ton[Poi was am
rocN.•leis cloy.dotl•.CMi[ar any etM AWate••ce ov»all(1)N•tl•F eaMM
¢1-ape to pent 0•o•U 1p[M Mlnb Np•ct•e bY�Uen•'Mt•ItMr 1M er«to b�q-1N a1w11 b IM-to IN oM Pip b r ou"a"'overt f KM[F Q, aN s bee•Yea eH 61-I-A"an Tt a' C.
+Fe• ce o h y a MlMretl all 1 till e e 0••ar o-,e b G wN ni,•s a b p oba•M b +1rMle th'ee 131 psis w M.S.a°cp tNt iNy rt eNaahnt a�
Tar<o use. r Iago-bf .M d[w4a<i T.I rl�ir•Omer.ton li-U ntll ww OAM` pwp AnAV« Y4 -:
8
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4vs Me,Mth,M.,.1\ Wyet b 11 Wye to;Neeo-D prys cwp•t poi q
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Ntn m <n Port vicuNe[va Pout m a br rd wvetYn of Ren!Wl.• Iwe Mpr AA,-.a�oaaMY L.(6>G eYNnt(nl I pMw yaN levm Imo d'
U.o-INt MI %1 Mont nq atoll b vTMel aMMt�M<tw ytpuq,[tirMaa all 1 Mt IrW•br Frn 1�tl•0h/3)tM WSPt OF
M Ee Nto-neen pail.WII b MdAletl S q e.1-.°I.Me 131 Port°1M. aa^<File•Pwit M 0.p F r SMt ill w •s erSnwn rM Met.oI cw [ Yx 4v MII b Y'plrnxR"MV 0 m va n[vlsv
(11 wr rveNOOn cwpert w. a1 M IM•WII v F a I--ir`ui[aMU•mr,�iw Gwa*. rfaiN T a e n e Mw o e type W le•gq .•e b tN n••vr. Toe mmr eM of WS t•W.Ym a} aSevll a vm aA
Mttatl i <. o•ill•p,bwn!axe .M Wys WU b.tt--.n call. p.cllhe MreF •Y Set
t vAt AI MA A b' _CI
3x11.1 If I'lluzO sol Y pTWNttN N+M MdIT Nx A.A.u eue.,b,Y«tN by to d0<M pent be c w at bOlaY Sol MM•Fb<M P�'e et e.f,.V.MIS ol-11 l U\M IM of I.am .mm m eve �J
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<,awNCwT all wr•Mel aanG WII v q°nW ell b'hinea:tpsp fceA n.GNel eawvatM frw lM Fdp•MII b,.IUM Sow ti alt all Ipall e G ITT. -MUM h by �-Iva- n now'M[eo w[ u:
n tl NU 1/3 moat Mss all 1/]-A"Aw-Malt Z, ifatl vd Y ebv ml m m Fy
--all b Mrufac+wn'a Nibuctkna arq runbel.d Tecgc.c a E,`w"icawtlm 10-creed M aawtTt but raatY`1G•�W11 b at Itlwt<p 10 a MI WY'lull•ball b n.bull NU AO p*..i•ge safety tope. I umm Oo.Pw�•q s e e�mr Pool m w n m m >IF
�� M+B,vet»Ywx Ya emote of Y MII o-spwtl IF nets,all.t Iwat At Q L.M.ill 111.eI Itu emb.< II tree•dl,•dean.•pY sacs•tlw1Y.»err M Ipay ynly p pI RyIE Wnl qy w'E ,p/,
<bl Mlle begr iMn Ya cwt MII,Solve.lerpr File slid Is r•PF•p 6 IM I1,Ir•y F}avp Mcpv of q[pT bacFp tM Bmrr•.1 MJect-0.J ®� } p5
W[M°p comet•MII b&Mi by a[ti•Ierchl •AM tlait Met tM Poona w•p«ft.tbu. r bees.W{MY WII v regecee by IM omiro[b e\N•am a m- Z 1 S
uoo-ts of.F\k1r T3.w ai tM 3GMere]pUflceWls'.NaMnwl[opost t1 � jE yl
wall Mvs ben..ad Imo A MWrn of Me[rp oI rve+oans°M be•ell co-poe W, b Eac.wpn fo-Mub•ell rvwW[even Mlr[fT ahW ell pdMCa+T•MII 1 rM Mt jo stole b rMOwe Fan 1M .. °M Iey11I aspose. oI by ill a Q
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b el5yagtrnN an tM avx ]1a<Yp[Fell b M°swN hw Gr G cmbr lid
r a+rF It G [epee b¢teq»ee. S@ x.IRrF V:[ i v role v a oleo•mp naaotaw v per' a6 1.
141cn natarbl WII[colt or toddled try MrN AM able b•m-tatr to e.LvWS°M rnae9cw»5 MM•Mrcr Sall MBF MWI.....IT SM genYq I.too.eM WII cmLLw m NaYmc q O O 6
y\olbn It WII cenal•t of eltMr MxN Mrwevtl yoW w pM.lee. IIntY y,,.yyGl IT w IY y.er-G IMI Fawctlon W.C[wGM[ [e npYSwnt�Ix a n[Im l.m n au5o ao-A Gpare•.n I[pef Nv lom pwp
( Iwr;Set oI tM WeWre u1i,WII'M..Sept.een w.<I)all ANT(]) YUTIw G apb p Fills I>sh16a all palnKorT Sole.YK zp. Toler[•re snip IN MFtFaM•pecN•MII b[anstlsrN MpenGl y
M epUl tM nMYFp intY(f0)pTCmt WII b 1«a IMF me(1)Mn F w'ece o genGl Sall b Ntlw W G a ep\F ti Mt Ip•\ton a\of\M[onbvct oM WII b[erf»top NYi,Me 15)MYa ldlo•ip ma°mop A Few n e n qaa[A C 3
I•ryth rM MxWn Natn Af tM pertkle••MII w!exc«a w.M eve-Mlf(1 aYMMSy(p eWNMnt.=Aril br tH= e,1f tM sallow IaaaMOU ell mnfk°!bn by Yr 0•nrr.
I/El MMa Ntlm6 Wpth°i mI[n WII b Ian U)MMS cnYn<G0. r M1T1F Npl.c1oN.Te[s.wNS.ell atarwc all
1YM1�U•'l.awr coca Wn b F°.•ro-Fal[motto ma+°gmiNp arN Na.[fro xaF+Ta,K.of M.aan4p5 well C.-ast°I.•eac••Gdw.MI<Mp,+wwa �X, SFHRft��A1 P-VdWX 1k OR B&B �x1 CONIFEROUS TREE DETAIL
cFxJUm aa,Iwlip o-a<e.,rtalttFp a-ts vapor TN.m IoMnt wtlam,r.peF ti
P VMr•.oval..Po•'FMA asMa WII b Mupvetre•It.SM la.., •FI--11.o-°<Mr A-b pan.mcra..ly to Ai IM MIw°M L3
Ier.-WII Fall W reNFewnt°/Mtica 311.1 or 4a SGrtbrp ale,tla cMaru, 'Moll NYVate toe MY•n of I2 MMa tlxp,ell A.sM es a. •.[+oY Aboal-M•a "..
Ke[IIt dqs. eM AW,.wcotal at iv-..LM-Sole,Speckle NreF •FAKuW MI.F Wer ea.t4n 2M-0 SM Nxturaa N.T.S. L3 C Q
N.T.S. ;.
vat»Fg MV\Iwl.°ter. ban b PTf»wa at Ip.t rote mFF.vTr awiv q
<w a . non..r. awrer. .pa ..tole.Nnw.Wn b a<I...<w ni fwt wet•I F imp,tlan lMl (T)My[WFB nrt rolM[ai Ihr aHor ou"'. rM wNNe rw pt»Yp J
(-Pw of W -dead.r ue-11 eM.\ vet m(e'1 eeper van the,mo<M I little tM MYtr(301 Me Mr•wn<••.1 H btTM•.e by IM 0•Mr. .1
IF Rope ar iN-to. e.craWe nalstv'.cbptsns°1..tN.1-1 blot em T ou of tM p g
Ml I...1.n0Y p«egewe o-aac MGT IS rnt m.n iwal wGrig cyc t or a[M.a tH cm-." Wu
ovm-MYa bodes Fall it v exhn'e°A,A. Made[°Mtbn, o lens e.Wsp�w m tM. .ems �ba...,car}TM M•.oI aU pent rdMVN N wY•eY R.T••tM rvY[penMltY fo-m[etLLfe[tmy aunts 0.v b Yb N s
Mfrs atoll b aepe,ell tM.tree AMC i\N lid•WII bee Iww.Ifbde t of apym•tsl•.[slip I
x./rn w.whl [ \Fn IM MII WIt-1 In w.°r.We'q.tI--m W Mttm.f tM ql - t "
2 V••ary VTM.M Weaa poatn WII b + mop hm mete tla eertMn
VMpap mtT u Imo W. ..WII b Aloft pub-o1 0 pour lour\r•.tN 1M Me dblu r IS,bale stole b$tl[r,Yw she of ill cwt MII orq at leaf --°1.I Scale ell frw tM ere att..tN'bab,'ae tM MbN uP
a1Myw as rvnM11Y Mlaiactvee Icn y oTV'orw%vv b'Me1wX Yon W-At MII. En-I.•d mtTbla FAI b,xN F tM want vas TM•.sayp WU b wnlmye At levt rote a Ml-abI a1 MY af0q fMF t9T 1l m T FQ I
eNq.
'Job.,bell of A tldtle tNdraas of Ai all soveNp°i bdf.l v »Mtn, ill•••eiq THaWr and b bMrMxe by TM �IoV � 9
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mwtlsfnc%Ir%ro<a eve%`ilps• t .T'v'ee'a.y 0 Po'Im�P"^w,. Ie
'at L h"VI.MII b TperN as sm.fw iH•w1V[3xt pant M\»kl. IM M[aOV'S PV S,pol "1l p
Po.e o°�atbpn MJelly FA.I-WII.of iN IZ paw o4.1Rt .A-... bS. m V}a FAA ov v.murlp S. �I.l•
'L q••• m v.1-..N m o- T F abKS�IN call nl tope al m
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T.cttal•AM
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ry t be in ill ale( tara0• M of tN wary epply'ag tM ui 1. A. Wtuwlpl e P bxbe
a Rmr fe„vea to •bwYikatlm wls • Ilewr WII dew Yn MtlIIL Ms WII nape.)
ry,t q°e ro-. Pow H W Meetvn to [°coca
e ut"`. 11 t`° • r d'io nfpect p`n\n.teN011 us\nu Y.tM torte tM MMIQI W b io-Me anFp\M swim 4Y Ip getntbp /.IMrvY ®v plx.nA
:w+t..pi.• A v.n.r arA Meets a°a•s TM -'ilea Ttu«.. .. a .S.r.p..asYm.I M[Nnl ga<pG _ eeaww .ppaemlp[AA,soa M--w-mpa"'��°b p'1 •U
wmroSMI oulact%Pots poll,pan lMllvTr to tya At@, a notchp MW1...,NIF F'Alueo ielNarpt�bo Soso a.�ibp'p'atn:paMnFOb at iN . IIIPIwyvr�q TyeS wA eu®a•splw[<rpup �.�A,AAA- Q
A�ol OF SerWl m Poch W filAbOaa e SMlwrot M C-I o ogf.av« ( j Nwlt p"•,M v
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a I q !CN wv x®feCa '^MeltFr.M1wip cwd4on a•TevYYp F STtMn]Ba IRut.Me S M°Ip0 Rwtn MtT\M ob u n pecN F+v IMe.all CPai ell � per.n V/M pent Mad%,Mtwp cMptui aGp,Mein[ever Mtn YY sea.W p pr frm IH In.l°lie pecN bxw TM. - - ROUNDCOVER I PERENNIAL DETAIL,I...I I.-Nq- -t m Fgp.tM Imo punt aT.p.ell bo-t Fl..mtbn b•C-Aa.Yfanl%onto Fkr 1.plavp SM pool in Ya Fd..the c, rtO-.ton MrtwkM •YIrN by 1°.to eM..Tpi.AMU attbyq Polo M rnpr.e nU[oral w°.Ml oo e•\Ia0 SM MU ar W oat[wtaFa SM Mot v TSnFpt e m err Ylkale 5Mn M feed.IU ue Bvner. alto TN'F3 tM 1.ntro y� An,mole•MU b GI-M<+.e..t,lal �sdlasy o eW wt Of alts a bo» t bat•el b[npep F me puYp h pact
PAST III-E6LUTIM >•Sort Slot Malawi Tv rwG.MII b ca-F y.Tee F a noPaol wtlabn°M
301 PEWI M W VM Tbli MdAI Wal b•wMp F°Wb tN forts w p pal I NavNp11Y Yal'
puled to•Loot'a p«b a T•.Met WII b pnllY-1Te a Iwerve\o a..AN
�1 °aav cmUC\a qw rp\[fete Y1• 6pIm 111 Wall TUaO noysaW alp uae.urmlloap nrm L.ASSMIS
T leyauw oit•mM F\M 11X1 Fu.tM G•Y[ew v w A b[Ww aT Sall be C-Ao-tN Twd N[F l Aeial plot\e tM
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e Ip.Ga m.aaM noGN.ls as alb•,,,[mq.G Mv1 a.of.nG.as.e«xYa , "°_ �Xl DECIDUOUS TREE DETAIL(ALL SOILS) ra
all a.c. I� 1 � ma1 ml p TwYm..tlpYp
rdbd y,. u H rn w.peen.Me.all T..Mm FJn WS Depots OF Ani 2A.4^ L3 LL
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un gonC umMr File coMdm[.Is Mt tlw'eli.-bat trot �wa ty cw•r r w a.««to a bptn°I Imo(1)MH••Ml,
a.Er»Tp%ante Sa�N. ton tM Mont Is F p be F Tk F bcWFp IS Ivs tMn Ya(b)Ialt m F ,9pf yE'G f
0•MII brNa\r m Jua 1. m • was rrrtN m tM Pero.M n ball N 1NCMtl<a.baU of .aww�
fun MI MM5 Mtn tM-1e 1 RwclMa rM molt ball b pimFtl\h»[T y g n {
b.S....aMn be Me...,S,,,tM•T.+p gwab a-.- f-+bMyW tM4gr(Iwft1%nt•p Ue Na. VMn•McueO onpc�v,y 3.. II��p--
Q fall%.n<aq ld••ono WII b wrfo'wtl Irm tH tM tM pent MceM• ` ° r Y •^s u'•H. a,p„Sdp s ep rrA i -�
ammnt mG SM=[°met b [fectwVy•wyN ettept Wt Terp.p MI McNq WIl b Npt F a p'Yaw Af Y Ira W✓alto o1 dl b»a.M sIMS RM fENLE {�
•r�•a.Iiirw PmtN lae be d tool....Spte,Mr .
S lam+.n of peon[. II Ma.1 m tN 1.-o-�ree 0 f-out a1--genliy.tel[-tract-boll IppSSY� 1 yr m m
Fonts Mall MI w u,-G"S cfn\MCiT Is Poe%to bonspmt tMn irm bMF ASSAY tneMaWa[N mob-hsb[mt F act..MN tM Mrvia<tver'• LFIp i�7 d
WOYgI locatbns bG o1.pN w oprol..,li Tv Mean tee IeT • Ko M MY.rMCWn a ill amore .paMMe•Met b eMw m r. b
.1u-qp(/p°M vap TpMlr loupe°5 wNfha.bon eppanl G+M all I- p . yYe M eve Yon a Mr.Af Gr appy TM Me y ba a aggq
Wte of<ro.wN x bFS weoa F epwa..e.tu'oy WU Mian(A,Mra rw a-MMAi.f Ana-M.akwG Mat b[-e. -d Ftlf•nG1 a W<-4wl
tonal w buaAppu pool.AM me(I)a°Y Im Mp Pool p°ntL TMY.11 b aq IpTE,,Fbba.K-G„ust b.RYYp G Yy p.M•tlwla\M a.mm.pprov wr C
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tr d L._vicedm W. O LL
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rob-..Y eft,gwGlle�twl.or aY w mows 4Ta Ire Mn aewur I per 6 11•_E" M'vE w i �• �Qn ~ a
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TN[-hA[tor I Ffmm+lie 0•ner pyyyy blow o%ep.Fy exlv,�op pant X11 N eMea•awed t exTW U to I/[I o Imo p'MaMh(alter TWp) 4, ip L.A. SnrrL� �rn a T +4 J
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Wmpntw w<G<l ua c<T aMU.. eH a Trent FJJu*M :W1 eF te T.-- trop proWtl+Mill a m-gaol w 1 Y �
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STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
I
RESOLUTION NO. 2006-
RESOLUTION APPROVING THE FINAL PLAT
OF SUBDIVISION FOR
VILLAS AT THE PRESERVE
WHEREAS,the City Council of the United City of Yorkville has considered a
Petition to approve the Final Plat of Subdivision for the Villas at the Preserve
Subdivision; 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 Villas at the Preserve Subdivision is
approved subject to staff comments, staff review, and legal review 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 Farm Road
Yorkville, IL 60560
PSG I
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No.2006-
ORDINANCE AMENDING CITY CODE TITLE 6–TRAFFIC, SECTION 6-2-6
REPEALING THE PROHIBITION OF OVERNIGHT PARKING
Whereas the United City of Yorkville has taken up, discussed and considered
amending the City Code, Title 6—Traffic, Section 6-2-6 (enacted by Ordinance 2005-
095)regarding Overnight Parking, and specifically to repeal the provisions on vehicular
overnight parking contained in paragraphs A, B, C and D of Section 6-2-6, and
Whereas attached hereto as Exhibit"A"is the text of the current Section 6-2-6
indicating the deletion(by crossing out) of paragraphs A, B, C and D of Section 6-2-6,
and
Whereas attached hereto as Exhibit"B" is Section 6-2-6 after the deletions of
paragraphs A,B, C and D and furthermore after relettering prior the paragraphs E and F
as paragraphs A and B.+
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a
majority of those so voting,that Title 6—Traffic, and specifically Section 6-2-6 (which
was enacted by Ordinance 2005 -- 095) of the City Code of the United City of Yorkville
is hereby amended by deleting paragraphs A, B, C and D thereof, and relettering
paragraphs E and F as paragraphs A and B. The resulting text of Section 6-2-6, after this
amendment,is shown on the attached Exhibit`B"which is hereby declared to be Section
6-2-6 of Title 6—Traffic of the City Code of the United city of Yorkville.
This Ordinance shall be effective upon its passage.
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
Exhibit"A"
TITLE 6—TRAFFIC,CHAPTER 2, PARKING REGULATIONS
NEW SECTION 6-2-6 RESTRICTIONS ON OVERNIGHT PARKING AND
COMMERCIAL VEHICLE PARKING
ecessary to avoid conflict with other traffic or in compliance with the directions of a
p ice officer or traffic-control device at anytime between the hours of 1:00 a.m. and
6:0 m. on a street of the City of Yorkville, except that this prohibition shall not a y
to any eet that has no curb.
B. Tempor Exemption from Overnight Parking Restriction: A resident ay request a
temporary exe tion for vehicles owned by them or a guest at their resid ce. This
request must be m e by calling the police department at its non ewer ncy number
[630-553-4343]. WE making the request,the resident must provi the resident
address,the vehicle's li nse plate number and state, and the /model/color of the
vehicle. The resident must so provide the date(s) for which exemption is requested.
Exemptions shall be limited t three consecutive nights per uest and limited to ten
requests per calendar year.
C. Standing exemption dates; Know that sever times per year involve travel to the
United City of Yorkville, and guests for a resi is of the City, the Prohibition set forth
in Paragraph A, above, shall not apply to th owing times (mornings 1:00 am to
6:OOam
• Memorial Day W ekend,mo s of Sat., Sun., Mon.,
• Labor Day W end, mornings o t., Sun., Mon.,
• Thanksgiv' Weekend,mornings o ursday—Mon.,
• Momin of December 22,through Jan 2
D. Opt out of Prohibiti (Cul de sac, only): The City Council ma consider granting a
petition to opt out of e prohibition contained in Paragraph A, from property owners
of a cul de sac up the following events:
1. mittal of a petition identifying the street name of the cul de sac, d all
street ad sses fronting on the cul de sac, Parcel Index Numbers (PIN's) for all s eet
address , and the desire to opt out.
2. One Hundred Percent(100%) agreement among the property owners as
videnced by signatures from the owners of all of the properties fronting on the cul de sac
the list of op a de sacs. The opt out shall have a duration o sand will
expire automatically unless rt 1 b the ocess set forth herein. Within
the last six months prior to ex ' e 2 out period,the Police
Departme i all property owners on an opted out cu e e expiration
E. Limitation on Parking of Second Division Vehicles: No second division vehicle,
including contractor's trailers and equipment, except those with a license classification of
"A"or "B" under the provisions of the Illinois Vehicle Code shall be parked for a period
longer than one (1)hour on any public street in a residential district, except where
making a delivery or rendering a service at such premises.
F. Fine: $25 per violation.
Exhibit`B"
TITLE 6—TRAFFIC, CHAPTER 2,PARKING REGULATIONS
SECTION 6-2-6 RESTRICTIONS ON OVERNIGHT PARKING AND
COMMERCIAL VEHICLE PARKING
A. Limitation on Parking of Second Division Vehicles: No second division vehicle,
including contractor's trailers and equipment, except those with a license classification of
"A"or 'B"under the provisions of the Illinois Vehicle Code shall be parked for a period
longer than one(1)hour on any public street in a residential district, except where
making a delivery or rendering a service at such premises.
B. Fine: $25 per violation.
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