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COW Minutes 1997 09-04-97 3 CITY OF YORKVILLE COMMITTEE OF THE WHOLE MEETING SEPTEMBER 4, 1997 Members present: Sowinski Lynch Stafford Spang Sticka Kott Prochaska Others present: Graff Kramer Nanninga Wyrott JT Johnson Chairman pro tem, Tom Sowinski, called the meeting to order at Beecher Center at 7:00 p.m. 1. White Oak Estates Sidewalk This was previously discussed at Public Works. The issue is the completion of the nature trailfjogging path and sidewalks as stated in the White Oak Estates covenant. Members of the homeowners association were present. Rob Streetor, 653 White Oak Way, addressed the committee. He said the homeowners in his subdivision bought lots with the understanding they would have a jogging path. He read a petition which was signed by the subdivision homeowners: We the undersigned, being owners of real property located in White Oak Estates Units 1, 2&3, which is located within the city limits of the Village of Yorkville, Illinois, do hereby petition the village officials of the City of Yorkville, to have the developers of the subdivision to complete the nature trails in accordance with the preliminary plat which received approval by Yorkville village officials prior to the commencement of White Oak Estates development. We submit the following as a basis for our petition: 1. The original plan submitted by the developer and approved by Yorkville city planners. 2. There is no connection between any requirement for sidewalks and the nature trail as the developer claims. These are separate issues. 3. White Oak Estates Subdivision has been marketed by the developer from its inception as a subdivision which would include private nature trails for the property owners enjoyment. 4. The developer's position that nature trails are not practical due to the lack of easements is not valid since the developer has vacated easements and sold parts of common lot 8 within the last 8 months, which would have easily accommodated the construction of the nature trail. Mr. Streetor referred to the Plan Commission minutes of June 15, 1988 where Mr. Wherli referred to the following changes to the plat referring to the jogging path. He said they are asking the city to enforce the developer to be true to his word. Bruce Allendorf, 635 White Oak Way, stated that they had the signatures of the homeowners and the sidewalks were a separate issue from the nature trail. He would like the city to make the developer follow through on his commitment. Mr. Sowinski said all they could do at council is take it back to the committee to be re-examined. Mr. Prochaska asked which homeowners would be impacted by the easements. There was discussion on which easements and common property would be affected. It was mentioned that the easement has been vacated on Lot 11. The approved preliminary plat was reviewed. There was discussion of the changes that have been made. The homeowners are more concerned about having a jogging path than sidewalks. They want the developer to live up to the preliminary plat but want no sidewalks north of the railroad tracks. f Committee of the Whole 9/4/97 Mr. Sowinski said this will go back to Public Works for discussion on September 15, there will be legal research done on this and hopefully they will have an answer in two months. Mr. Kramer said the homeowner's association needs to fill out a variance request to omit the sidewalks. This will go to the Zoning Board of Appeals. It was suggested the city meet with the developer and homeowners. Mr. Prochaska suggested a time limit be put on this of 60 days. Mr. Wyrott will look into a streetlight that has been out, also. DARE REPORT Tony Graff explained Barry Groesch's roll as the DARE Illinois president. He will represent the DARE Association of Illinois and represent national DARE. There will be some regional meetings he will need to attend. Most of the meetings will be on Saturday. He will present his itinerary in October. JULY POLICE REPORTS Mr. Graff presented the July police reports at the Public Safety in August. He asked that they be taken to the next City Council meeting for acceptance on the 18th. ALARM SYSTEM Mr. Graff announced they have made their selection to use the SecurityLink from Ameritech's Companion Service alarm system. The operation and benefits of this unit were explained by Mike Sullivan. They hope to have it in use by October 1. COMMITTEE APPOINTMENT Mr. Sowinski announced there was an appointment to the Library Board of Imkal Pielech of the Fox Hill subdivision. OTHER BUSINESS "SLAMMING" Kay Hatcher, of Ameritech, passed out sheets explaining the problem of long distance carriers being switched without permission. This is called "slamming" and is becoming a costly problem. She explained various precautions citizens can use to protect themselves. CENTER PARKWAY Mr. Stafford asked if there would be notification of re-routing when this project begins. Mr. Wyrott will send a letter to the local residents concerning this. COURTHOUSE Mr. Kramer is meeting with the State's Attorney tomorrow on the courthouse issues. He speculated the various scenarios that may happen. This will not have a trial but written briefs. 2 Committee of the Whole 9/4/97 RACETRACK PROPOSAL Mr. Spang said he has been getting calls concerning the proposed racetrack in Plano. It was discussed if there should be a corporate or individual stand on this. The consensus was not to make a public statement but let the constituents make the public statements. COLONIAL PARKWAY Mr. Wyrott said he's received a low bid from Aurora Blacktop for$4,800. There was discussion that the funds were not available in the current budget. Mr. Prochaska said to review the budget to see if Mr. Wyrott can find the funds and get the consensus of the council. Submitted by, Sheryl Washburn Recording Secretary 3