Plan Commission Minutes 1977 03-22-77 YORKVILLE PLAN COMMISSION
YORKVILLE ILLINOIS 60560
Dr. Robert Coleman Lawrence Langland James Kenton
Robert J. Mahoneyf131t ��
Harold Feltz Fred Dollman Dale Woodworth
Danny Hanback Mary K. Price
MINUTES OF THE REGULAR MEETING OF THE YORKtm.T,F PLAN COMMISSION 22 MARCH 1977
Chairman Robert Coleman called the March meeting of the Yorkville Plan Commission to order.
Those in attendance were Dr. Coleman, Mr. Mahoney, Mr. Feltz, Mr. Langland, Mr. Dollman,
Mr. Hanback, Mr. Kenton, Mr. Woodworth, Mrs. Price, Larry Beach, Elden Madden, James
Clarage and Bob Bushing. Mr. Feltz moved to approve the minutes of the February meeting
and was seconded by Mr. Kenton. All present voting aye. Motion carried.
77.2 Conover Plat Unit Eight
Attorney Bill Murphy representing Gary Conover, stated that this plat corresponds
to the original preliminary plat approved approximately fifteen years ago. Unit seven
was approved approximately two years ago. It is zoned county R-7 which can be used for
duplex or single family. As the property is within the jurisdiction of the City of Yorkville,
they must come to us for approval. Mr. Madden stated that the city had had problems
regarding sewer and water lines. There seemed to be confusion over ownership of the
lines and the matter of the collection of fees. Mr. Madden said the city was responsible
for repairs on the lines and he felt fees should be collected. Attorney Bill Murphy
responded that the agreements are there, and that they would be pleased to dedicate the
lines. He said the question regarded hook—up fees and recapture and not ownership of the
lines. He said he wanted to meet tiith City Attorney Fred Dickson to work this out.
Mr. Langland questioned whether the Plan Commission would like to see this annexed
to the city as it is contiguous. Mr. Murphy stated that the owner had no desire to annex
to the city. When asked about annexing into the city, Mr. Conover stated that they
had had basically too many problems with the city.
Mr. Clarage stated that this subdivision would not meet the requirements of Yorkville's
Subdivision Control Ordinance. He said the R-7 county zoning is for multi—family housing,
but that they are not providing curbs, gutters, water retention, etc. Mr. Murphy stated
that this was correct. Dr. Coleman stated that we now have a land and/or cash contribution
ordinance under study and that some developers have already agreed to its provisions.
Mr. Murphy stated that if this ordinance is passed before the land was sold, they would
agree to it.
Mr. Conover stated regarding curbs and gutters that the storm sewers were already
in and if they put in curbs and gutters it would be too high.
Alderman Beach stated that a city should never give city water or sewer to anyone
not in the city. He said it was apparent the developer did not want to come in to the
city. He stated the problems of too high storm and sewers could be worked out in a
pre—annexation agreement with the city. He said the commission would be deviating from
city policy that subdivisions contiguous to the city should be annexed by allowing this
to pass. We would not be consistent in our policy.
Mr. Dollman moved to recommend non—approval of Unit 8 of Conover Subdivision with
the following recommendations.
1. The matter of sewer and water lines should be cleared up by dedication of
bill of sale.
2 This subdivision does not conform to Uhe Yorkville Subdivision Control Ordinance.
Certificates of approval should be shown by the zoning officer, director of public
works. and city engineer.
3. The Land and/or Cash Contribution Ordinance should be adherred to.
2 _ March.lW7 , Meeting .
The motion was seconded by Mr. Hanback. A roll call vote was taken. Mr. Feltzp yes;
.Mr. Langland, yes; Mr. Mahoney, abstain; Mr. Dollmanl, yes; Mr. Hanback, yes; Mr. Kentong
abstain; Mr. Woodworthq yes; Mrs. Pricey yes; Dr. Coleman, abstain; Yes-6 Abstain-3 Motion Carriec
77.3 Pavillion Heights Unit 2 Lenny Devick
Mr. Langland stated that as he was involved with Pavillion Heights, he would abstain
from any disuu.ssion as a plan commission member and would not vote on the matter. As
this is now within the mile and one half jurisdiction of the city, the developer has to
come to the city for approval. Mr. Devick stated there are fifteen lots each a little
over one acre in size and that all' are zoned for single family. He stated that he would be
willing to abide by the land and/or cash contribution ordinance. Mr. Kenton moved to
approve Pavillion Hieghts, Unit 2v as platted subject to his obtaining the signatures
of the director of public works and city engineer and subject to his agreement to the
provisions of the land and/or cash contribution ordinance. Seconded by Mr. Woodworth.
A roll call vote was taken as follows; Mr. Mahoney, yes; Mr. Feltz? yes; Mr. Dolman. yes;
Mr. Hanback yes; Mr. Kenton, yes; Mr. Woodworth? yes; Mrs. Price yes; Dr. Coleman, yes;
Mr. Langland did not vote. Motion carried.
77.4 Land and/or Cash Contribution Ordinance Dr, James Garnett
Dr. Garnett stated that Naperville had researched their ordinance for three years
and felt there was precedent for land or cash contributions but not for additions and
their ordinance has been upheld by two court rulings. They are now in the process of
drafting an ordinance providing for ad.di-dons to existing school bui.ldingst but Dr. Garnett
stated out lawyer felt we should stick with the original ordinance.
He said if the school district does not spend the money for the acquisition of land
within ten years, it must be refunded to the developer. Mr. Mahoney stated hb would not
like to see a panic nine and one half years from now if the cash had not been used, as the
ordinance says you must use the cash only for the purchase of land and not for
adding on to present facilities.
Mr. Clarage suggested that the ordinance be passed under the concept presented as
it will be reviewed by the court within several months. The court will probably set forth
guidelines and at that time if it was necessaryv we could amend our ordinance.
Larry Beach stated he wished to clarify that tonight the plan commission was to
review the ordinance pertaining to schools. Mr. Clarage had been hired for his expertise
on parksg and that tonight only the section dealing with the school district was under
discussion.
Dr. Garnett stated that on page 59 the attorney had suggested that a .large map
be placed in the school district office identifying future school sites. This would insure
that suitable land for school sites would be donated by the developer. Dr. Garnett stated
that the fair market value (see page 6) had been determined by the local assessor. Mr.
Mahoney suggested that perhaps a dollar figure should not be included as several years
from now the value of land could change. Dr. Garnett stated the figure had been included
so that there would be one less point of arguement and that the dollar amount could be
amended. Dr. Garnett stated that procedure for payments would have to cleared by NL-.
Dickson. They did plan to create a separate accounting procedure and that the money would
be reported at every board meeting. On page nine the plan commission recommended that the
last sentence be amended to read as follows; "The City will not issue a Building Permit
to the subdivider ! developer, or builder without said receipt of payment.
Larry Beach stated he wished to congratulate Dr. Garnett and the school board for
the extensive research they had done on this ordinance. Dr. Coleman also thanked Dr.
Garnett for his cooperation. Mr. Mahoney stated this type of ordinance did require
documentation and that they had done a good job. It was mentioned that +•he school board is
also working with the county to pass a similar ordinance and that we wigs pxbbably have
a uniform ordinance which will be fair to everyone.
3 — March 1977 Meeting
Dr. Coleman reminded all members to file their Statement of Economic Interest forms.
77.5 Yor�Comprehensive Plan
Mr. Clarage stated that he had been in Yorkville several times and had met with members
of the Business and Economic Development Commission. He had reviewed Chapter 8 and had
taken photographs of the downtown area. He said the top three priorities for the down-
town area were 1) sidewalks and lighting 2) parking — improvements and lighting and 3)
signs, river (how to make it more accessible, etc).
Dr. Coleman stated he had had nine industries in the Yorkville area respond to his
questionnaire requesting information which could be included in a report to be submitted
tb the State of Illinois and which also could be used by the Business and Economic Devel-
opment Commission.
Mrs. Price noted that her appointment to the plan commission would be up in April.
Mr. Beach is to check on all appointments.
Mr. Dollman suggested that a checklist should be provided all plan commission members
to insure that when a plat was submitted, nothing would be overlooked.
Mr. Clarage stated that the University of Wisconsin was having a two day seminar
on "Effective Zoning Administration" and stated he felt it would be a worthwhile seminar.
Mr. Kenton moved to adjourn the meeting and was seconded by Mr. Langland. All
present voting aye. Meeting adjourned.