City Council Minutes 1978 04-27-78 (Public Hearing) MINUTES OF THE PUBLIC HEARING BEFORE THE CITY COUMCIL OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE , ILLINOIS HELD AT CITY HALL , APRIL
27 , 1978 .
RE : 1978-79 Budget
Revenue Sharing
Stark ' s Amended Petition for Preannexation Agreement & Zoning
Amendment
Mayor Thanepohn called the meeting to order at 7 : 30 P . M .
It was stated $ 1 ,000 from Revenue Sharing have been budgeted for
the Kendall Family & Youth Services in the 78-79 Budget by Committee
recommendation .
Attorney Wilson , representing Mr . Stark , presented the Amended Petition
for Pre-annexation Agreement & 7oning Amendment including exhibits
A , B & C .
Director Madded stated he felt a 2-year period from the date the
final plat is approved for the reimbursement of water and sewer
hook-up fees would be better .
Mr . Stark stated his intent is to have the hook-up fees recoup his
original expenses as it may be longer than 2 years after the final
plat acceptance before construction begins .
Mayor Thanepohn questioned wither the preliminary plat would be included
with the petition to annex the land .
Attorney Dickson stated that Exhibit C adequately identifies the zoning
areas , but has no lot sizes and it shows road accesses but even though
it binds Mr . Stark to a 75 ' right-of-way within the subdivision it
does not define where the roads will be . A new owner may acquire the
land as shown on Fxhibit C and comply with the Subdivision Control
Ordinance and Zoning Ordinance , but there is nothing in the Subdivision
Control Ordinance to prevent a new owner from coming in with a different
plan for preliminary platting .
Attorney Wilson responded that the Exhibit marked C is the preliminary
plat and is part of the pre-annexation agreement as whown .
Alderman Beach asked Mr . Stark if Exhibit C would in fact be the
preliminary plat?
Mr. Stark responded they would have to compromise on the number of
years fees can be reimbursed first .
Attorney Dickson requested adding the final plat of the subdivision
to be in accordance with the subdivision plat with lot sizes and loca-
tions to be shown in Exhibit C .
Alderman Beach suggested a 3-year period for reimbursement of fees .
Mr. Stark was agreeable to this change .
Alderman Beach then read the Plan Commission Public Hearing comments
from the objectors , and the Plan Commission minutes of the regular meet-
ing regarding Stark ' s subdivision . `*See attached copies . The objections
are covered in the Amended petition .
Director Madden stated if this was to be considered a preliminary plat ,
the final plat must be submitted 1 year from the date of approval of the
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preliminary plat , Attorney Dickson stated the preliminary plat will
first need the CitY Engineer ' s approval .
Mr . Starks stated he wishes to donate property . Attorney Dickson
stated if land is donated it needs to be a part of the pre-annexation
agreement .
Alderman Beach moved to recommend the City Council waive a further
Impact Study , seconded by Alderman Wolff . Mayor Thanepohn declared
the motion out of order .
The meeting was adjourned at 8 : 29 P . M .
Respectfully Submitted ,
lz: �1 fie /
CS Y CLERK
Approved By :
M
YORKVILLE PLAN COMMISSION
YORKVILLE ILLINOIS 60560
Lawrence Langland James Kenton
Dr. Robert Coleman ??
Robert J. Mahoney Fred Dollman Dale Woodworth
Harold Feltz Steve Franks
Mary K. Price
Minutes of the Re ar.Meetin of the Yorkville Plan Commission 22 November 1
,Public Hearin - Petition for Pre-annexation - Bristol Station - Jaames Stark
Chairman Robert Coleman called the meeting to
have requested that one ,
wishing to speak for or against the project could
their views.
Michael Svanirlck asked why the project would be an advantage to the area.
Attorney James Wilson asnwered that this would ne aesisuch nasadoetorsplawyersaand PPS
Y
center and that there would be individual business
other professional services• He said there was good future planning and off street
parking.
Svanvick asked why another, area of this kind was neededo westion on z3tee34 ter
has vacant buildings. He said there would be possible traffic good farm
with two developments so close together and that they would be taking eshould not be
land away.- Attorney Wilson answer off street
a country of free enterprise and that
congestion on Rte 34. He os stated
other developments should not be
f a bufferezonecwaser required between business and
Mr. Fred. Schneider asked foot
residential zoned propertys. Mr. Wiz-son answered that there was a forty
set back off Walnut Street.. John Schneider asked who would hatnnone of the trees•would
Wilson answered that much of the buffer zone is trees
be destroyed.
ge
Frank McKeever stated that he would prefer B-1 zoning Stark than someone we don't
Mr. Bob Thomas stated that he would mu prefer
know. He said he had spoken to Mr. Stark after office or clinic-
voted in. Chairm
Rosemary Pactor asked if this zoning commission and the
Coleman responded that it could not except by vote of the zoning
city council. and noted that the zoning ordinance required a fift
NIr. Clarage then gave a summary
foot set-back. He said the proposed B-3 area showed a forty foot set any other conid ion
recommended that there not be any
waiving of set backs or waiving of Was seconded and
set by ordinance. Mr. Mahoney made a motion to close the hearing
by Langland. All present voting afire. Public. hearing closed.
Robert Coleman called the regular meeting of the Yor a Plan Cotrani$sii
Chairman Coleman? Mr. Mahoney, Mr. Fe , Mrs. Price,
to order. Those in attendance were Dr. .Mr. Mahoney
Mr. Dollman, Mr.• Langlandt Mr. Woodworth Mr. Clax.agand as seconded by Mr,. Langlande
moved to approve the minutes of the October meeting
All present voting aye. Motion carried.
James Stark - Briston Station Amended Petition for Pre-annexation a eement and Zon3�
Amendment Stark.
Mr. Wilson spoke first representing Mr.
L arid,noted that Paragrsph 5 was verbatum of the Woodworth project.
Mr entrance was off Rte 34 as Shown On the sketch.
'Mr.. Feltz asked if the only
d
November 1977
He stated the Route #34 Corridor Study had concluded that there should not be a lot
of access roads off Rte 34. He pointed out that the petitioner owned the Market Place
which adjoins the proposed development and asked if it would be possible for one
entrance and a frontage road. Mr. Wilson responded that there would. be no additional
entrances other than shown on the proposal. Mr. Mahoney suggested that all entrances
be combined with one access road to Rte 34. Mr. Clarage stated he could not see a two
year agreement on the plans. He also recommended a compromise could be reached and "
that the streets could be changed to forty foot widths rhther than 33 feet.
Mr. Woodworth said he just wanted to be sure that the street width would be adequate
and that we would not wish later that we had insisted on wider streets at this time.
'sir. Stark was aking for 33 foot widths for the roads and if this caused a traffic
,a--n who would then correct the problem.
e that he would suggest to Mr. Stark
feet would be adequate but
..r. Wilson felt that 33 o q ugg
regarding wider widths and that he felt that Stark would be cooperative.
Mr. Clarage said that 56 feet was pro de ! at the entrances and that he would
recommend that forty feet should be used as turning lane,, and than leave the rest at
33
feet as shown.
Many were afraid that semi trucks coming in to deliver would have difficulty
in turning around to get out of the development and also that the roads were too narrow
for cars to pass.
Mr. Dick Morrow stated that when he built he felt he had adequate space but found
that semis had difficulty turning around to get out and that he had bought extra space
to correct that problem.
Mr. Wilson stated that-"611 that was needed now was pre—annexation and that all other
questions such as streets., etc? could be worked .out later and that nothing would be done
for at least five years.
Mr. Feltz moved to approve the petition for pre—annexation with the considerations
of road width and access to Route 34 and be forwarded to the impact study committee
and city council. Seconded by Mr. Dollaman. All voting aye. Motion carried.
Tom McNe] s — Subdivide Acreage at end of Olsen and Walter Streets
Attorney Tom Grant representing Mr. McNelis askeJ for this to be tabled to the next meetir
j
Pre-A'placation Conference — Mr. Metzger — Yorkshire Estates
Attorney Tom Grant representing Mr. Metzger noted that there was not sufficient water
to the development. He said they will provide one walkway servicing the area which
would be well lighted. Mr. Clarage suggested that there be an easement between lots
to provide an option for another crossing to the south of the suggested wa?L-!;.waye
Mr. Grant stated they will provide a pedestrian bridge and an easement to extend
White Fawn Court. Mr. Clarage stated there was a question on the 30 foot slope.
Mr. Grant said the plan of procedure would depend on the water extention and that he
would return to the plan commission at `the January meeting.
Randy Ericksen — Final Proposals.
Attorney Grant representing Mr. Ericksen stated that the zoning board of appeals had
voted a variance regarding set backs in order to reduce the density.
Mr. Langland moved to authorize the plan corrmissien chairman to sign the agreement to
execute the final plat of the subdivision upon the recommendation of the confirmation
that the city council has approved the subdisision and the vacation of Powers Court
along with the city engineer's approval. Seconded by Mr. Feltz. All present voting
aye. Motion carried.
Chairman Coleman stated there would be no December meeting. Mr. Feltz moved to adjourn
the meeting and was seconded by Mrs. Price. Meeting adjourned.
AMENDED PETITION FOR PREAINNEXATION
AGREEMENT A►ND ZONING AMENDMENT
'Now comes JAMES STARK, your petitioner, and respectfully represents unto the
Mayor and Aldermen of the United City of the Village of Yorkville, as follows:
1. That James Stark is the record title owner of the territory described in
Exhibit "A" attached hereto and made a part hereof, a portion of which territory, consisting
of approximately 26 acres, is within the corporate Limits of the United City of the Village:of
Yorkville, the remainder of which territory is not within the corporate limits of any municipality',
i
but which is contiguous to the United City of the Village of Yorkville.
2. That no electors reside within the territory described in Exhibit "A" with the.
exception of Ray Bunch and Sandy Bunch, Mary Schostak Frye and Donald Frye, who have
heretofore signed the Petition originally filed herein and concur herein.
! 3. That your petitioner, 'James Stark, requests that the United City of the Village
of Yorkville enter into an agreement with your petitioner relating to the property as described
1 in Exhibit "A:, and providing as follows:
a) That the portion of the property described in Exhibit "A" which
is not presently within the corporate limits of any municipality
but which is contiguous to the United City of the Village of
Yorkville, be annexed to the United City of the Village of
Yorkville.
p
' b) That ail ordinances relating to subdivision controls, zoning,.
official plan, and building, housing and related restrictions
which would affect that portion of the property described in
Exhibit "A", be continued in effect for a term of ten (10)
years from and after the date of the Annexation Agreement.
c) That the petitioner, and the real property described in Exhibit
"A" be held to such permit fees as are provided by the United
City of the Village of Yorkville relating to construction of
structures within the Unified City of the Village of Yorkville
as are applied to all persons who are citizens of the United
City of the Village of Yorkville from and after the date of
} the Agreement.
d) That the respective portions the property as reflected in. :he
attached survey, marked as E;chibit "C", and" made a part
hereof, be appropriateiy zoned B-1 , B-2 oi,d B-3 as indicated
thereon, in accordance with the Zoning Ordinance in efk'Lect
as of this date, which zoned Districts B-1, B-2 and B-3 are
furthermore particularly described in Exhibit "B", attached
hereto and made a part hereof.
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e) That your petitioner requests that the United City of the
Village of Yorkville allow seventy-five (75) foot right-
of-ways for all streets in the territory, and forty (40)
foot streets, in variance of the provisions of Section 7.03
of the Subdivision Control Ordinance, said reduction or
variance to be granted for the petitioner's agreement to
require off-street parking to be installed by each
individual business at a distance of not less thanseyi%ity-
five (75) feet from the centerline of the street, and not
within the set-back area.(A set forth in Illustration A,
attached.hereto.)
4:. That the petitioner agrees that all lots having frontage on Route 34 and Route 47
and Walnut Street shall be restriced by covenants running with the land against the
municipality as well as individual landowners from building or installing entranceways or
driveways with the exception of those access ways as shown in Exhibit "C".
5. That the petitioner agrees that the wooded "green" area presently existing along
Walnut Street shall not be removed and shall remain as a "divider" between Walnut Street
and the petitioner's property.
6. That the Subdivision Control Ordinance of the United City of the Village of
Yorkville shat; be complied with at the time the property is platted.
7. That the petitioner requests that the United City of the Village of Yorkville enter,
into an agreement with the petitioner relating to the property as described in Exhibit "A",
I
providlog as follows:
a) That any costs and expenses which are incurred by the owner, James
Stark, for the extensio and installation of any water mains to the
property described in hibit "A:, together with interest at the
rate of eight(8%) per dent per annum, shall be remitted to said
owner by the City as a reimbursement for his expenses in extending
and installing said wat r mains, said reimbursement to be made
j from amounts collected by the'City for all hookup charges and tap-on
fees within s from the date of approval of the final plat
of the proposed subdivi ion. The sums so collected shall. be remitted
1 to owner within thirty 30) days of collection. Any hook-up charges
collected by the City i excess of the cost of construction of the
of the water mains to t e property described herein, together with
interest at the rate of ight (8%) per cent per annum, as aforesaid,
on the initial cost thereof, shall be retained by the City regardless.
of when the some is collected. That this Agreement shall not begin
to take effect until the date,of approval of the final plat of the
proposed subdivision, and sha I I remain.in full force and effect for
f/��ee (3� ar3-from that date.
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jb) That any costs and expenses which are incurred by the owner,
James Sark, for the installation, extension and laying of
sewer lines in the property described in Exhibit "A", together
with interest at the rate of eight (8%) per cent per annum,
shah l be remitted to said owner by the City cs a reimbursement
for his expenses in installing, extending and laying said sewer
ines, said reimbursement to be made from amounts collected by
the City for hook-up charges and tap-on fees within fi'( 7iPee N
years from the date of approval of the final plat of the proposed
subdivision. The sums so collected shall be remitted to owner
within thirty (30) days of collection. Any hook-up charges
collected by the City in excess of the cost of installation,
extension and laying of the sewer lines on the property described
herein , together with interest at the rate of eight (8%) per cent
per annum, as aforesaid, on the initial cost thereof, shall be
retained by the City regardless of when the same is sol lected.
The reimbursement of hook-up charges and tap-on fees herein
referred to shall apply only to those hook-up fees and tap-on fees
imposed and collected by the City and shall not deem to include
any hook-up charges or tap-on fees imposed by the Yorkville-
Bristol Sanitary District. That this Agreement shall not begin to .
take effect until the date of approval of the final plat of the
proposed subdivision, and shall remain in full force and effect
3J for from that date.
WHEREFORE, your petitioner prays as follows:
I . That the Mayor and Aldermen of the- United City of the Village of Yorkville cause
a public hearing to be held upon the aforedescribed preannexatior. agreement, as amended,
providing for notice pursuant to Section 11-15. 1-3 of Chapter 24, Illinois Revised Statutes.
2. That the Mayor and Aldermen of the United City of the Village of Yorkville cause
a public hearing to be held for the purpose of re-zoning that portion of.the premises described
in Exhibit "A" containing approximately 26 acres, which is presently within the corporate
limits of the United City of the Village of Yorkville.
3 That subsequent to the holding of said public hearing, the Mayor
of the United City of the Village of Yorkville, approve the aforesaid preannexation agreement
as amended and take the appropriate steps to annex the portion of the property described in
Exhibit "A" which is not presently within the corporate limits of the United City of.the Village
of Yorkville, -subject to the conditions described in said agreement, and further that the Mayor
and Aldermen take the appropriate :.'Zon-e the portion of the property described in
Exhibit "A", of approximately 26 acres, which is presently within the corporate limits of the
United City of the Village of Yorkville.
James Star
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STA"FE OF ILLINOIS )
SS.
COUNTY OF*KEINDALL)
James Stark, being first duly sworn on oath, deposes and says, that he has read the
above and foregoing Amended Petition for Preannexation Agreement and Z,: endment,
by him subscribed; that he knows the contents thereof; and that the same are true, and that
he has signed said instrument as his free and voluntary act, for the uses and purposes therein
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set forth. _
James Star
Subscribed and sworn to before me this `
f G," ay of April, 1978.
2L
Notary PSI is