City Council Minutes 2005 08-09-05 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, AUGUST 9, 2005.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
- ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Present
Ward H Burd Absent
Wolfer Present
Ward III Ohare Present
Munns Present (arrived 7:03)
Ward IV Besco Present (arrived 7:03)
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City
Attorney Wyeth, Police Chief Martin, Director of Public Works Dhuse and Executive Director of
Parks & Recreation Brown.
QUORUM
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
Alderman James asked that #7 — Salvation Army Golden Diner's Sponsorship Request be moved
from the consent agenda to the regular agenda under the Administration Committee Report.
Attorney Wyeth asked that #4 — URS Corporation Proposal for Cost of Doing a Feasibility Study
for Downtown Redevelopment TIF District Process be moved from the consent agenda to the
regular agenda under the Administration Committee Report.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, August 22, 2005
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, August 18, 2005
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, September 1, 2005
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Monday, August 11, 2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:00 P.M., Tuesday, August 23, 2005
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
Ocean Atlantic/Rosenwinkel
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Ocean Atlantic, Chicago LLC and Michael Rosenwinkel Trustee of the Michael Rosenwinkel
Declaration of Living Trust created May 22, 2000 and T aman Rosenwinkel, Trustee of the
Tamara Rosenwinkel Declaration of Living Trust created May 22, 2000, petitioners, request for
an amendment to the Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel
(Ordinance 2000 -42) to allow for rezoning from United City of Yorkville M -1 Limited
The Minutes of the Regular Meeting of the Citv Council — August 9. 2005 - na ee22
Manufacturing District to United City of Yorkville R4 General Residence District. The real
property consists of approximately 128 acres located at Southeast comer of Comeils Road and
Beecher Road in the United City of Yorkville, Kendall County, Illinois. So moved by Alderman
Ohare; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye
_ Please see attached Report of Proceedings taken before Depo Court Reporting Service for the
transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman
Spears; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays-0
James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye
CITIZEN COMMENTS
None.
PRESENTATIONS
None.
CONSENT AGENDA
1. Police Report for June 2005
2. Peaceful Pathways Montessori - 1 %2 Mi1e Review — subject to entering into
annexation agreement
3. Resolution 2005 -49 — Approving a Development/Economic Initiative Agreement with
GCM Properties, LLC for Lot 2 in Fox Hill Subdivision - authorize the Mayor and
City Clerk to execute
4. Ordinance 2005 -66 — Amending City Code Title 5 — Police Regulations, Adding New
Chapter 6 — Alarm Systems (False Alarm Ordinance) — authorize the Mayor and City
Clerk to execute
5. Ordinance 2005 -67 — Amending City Code Title 6 — Traffic Regarding Parking
Restrictions on John Street and Sycamore Street in Fox Hill Subdivision — authorize
the Mayor and City Clerk to execute
Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved
by Alderman Ohare; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meeting from
July 12, 2005 and the Committee of the Whole meeting from July 5, 2005; seconded by
Alderman James.
Mayor Prochaska noted a correction needed on page 5 of the City Council minutes; the vote on
the page incorrectly states he voted nay.
Minutes approved as corrected by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated July 29, 2005 totaling the following amounts: checks in the amount of
$727,339.01 (vendors); $170,187.06 (payroll period ending 7/23/05); for atotal of $897,526.07
seconded by Alderman Ohare.
Alderman Spears stated that staff did respond to her questions on the Rotary Club membership
expenditure however she had a problem with this because the Rotary Club is targeting community
businesses and vocational areas and she did not see how it targets the City. She asked if staff
could check to see if Naperville had a city employee in the Rotary Club. Mayor Prochaska stated
that this could be done and Administrator Graff stated that the City Treasurer
The Minutes of the Regular Meeting of the Citv Council — August 9. 2005 - page 3
could hold the check until an update is given to the Council at the next Committee of the Whole
meeting.
Motion approved by a roll call vote. Ayes -7 Nays-0
Besco -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye
REPORTS
MAYOR'S REPORT
Hometown Days
Mayor Prochaska reminded the City Council that the United City of Yorkville was having a booth
at the Hometown Days Festival Labor Day weekend. He stated that he would like to see each
alderman have some time in the booth and that he had a sign-up sheet for this. He wanted them
to know this was not to be confused with selling wrist bands.
Presidential Stop
Mayor Prochaska reported that President Bush would be in the area tomorrow to sign the
transportation bill. He noted that this bill will have a great impact on the United City of Yorkville
because it will provide funding for Eldamain Road, Route 47 and the Prairie Parkway.
ATTORNEY'S REPORT
Resolution 2005 -50 Assignment of Contrast Right of First Refusal 20 Acre Parcel
(North side of Route 34 between Countryside Parkway and Bristol Ridge Road
Attorney Wyeth reported that this is the Right of First Refusal for a twenty acre parcel on the
north side of Route 34 between Countryside Parkway and Bristol Ridge Road along Blackberry
Creek.
Mayor Prochaska entertained a motion to approve a Resolution approving the assignment of
Contract Right for Right of First Refusal for a twenty acre parcel (north side of Route 34 between
Countryside Parkway and Bristol Ridge Road) and authorize the Mayor and City Clerk to sign the
contract. So moved by Alderman James; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -5 Nays -2
Spears -nay, Wolfer -aye, Besco -nay, James -aye, Leslie -aye, Munns -aye, Ohare -aye
Peter Sahlas Easement
Attorney Wyeth and Director of Public Works Eric Dhuse explained that this was an easement
needed for two watermains at a cost of $10.00.
Mayor Prochaska entertained a motion to approve the Grant of Water Main Easements with Peter
Sahlas and the United City of Yorkville. So moved by Alderman Ohare; seconded by Alderman
Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, James -aye, Leslie -aye, Munns -aye
Litigation
Attorney Wyeth reported that in the fall of 2004 the United City of Yorkville accepted some
property along Blackberry Creek. Prior to this acceptance, there were two suits filed for adverse
possession to acquire ownership. He stated that he was seeking approval from the City Council
to settle the suit whereby the ownership would be found in the adjacent landowner's ownership.
He stated that a conservation easement will come back to the City that will keep the open space in
the same manner as it into perpetuity.
Mayor Prochaska entertained a motion to authorize the City Attorney to proceed to settlement of
litigation known as Henne vs. Yorkville (04 CH 190) and Franze vs. Yorkville (04 CH 202)
including the conveyance of land and receipt of a grant of a conservation easement to the United
City of Yorkville, and further authorize the Mayor and City Clerk to execute all documents in
furtherance of the settlement. So moved by Alderman Besco; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, James -aye, Leslie -aye, Munns -aye
Robert's Rules 101
Attorney Wyeth went over the updated "Desk Guide" of the Robert's Rules. He covered the
definitions of four of seven subsidiary motions (see attached); postpone indefinitely, refer to a
committee, postpone to a certain time and lay on the table.
The Minutes of the Regular Meeting of the Citv Council — August 9. 2005 - nagg 4
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Special City Council Meeting
Administrator Graff reported that Dr. Gabris from North Illinois University was considering
August 30, 2005 for a special City Council executive session. Representatives from the Illinois
Municipal League (1ML) are also available that date. He asked the members of the City Council
to advise him by next Tuesday if they would be able to attend. Mayor Prochaska noted that Dr.
Gabris was looking for 100% participations.
School Open
Administrator Graff reported that school would be opening August 23, 2005 and the City's goal is
to have Center Street finished before this date.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
South Water Tower
Director Dhuse reported that the south water tower would be on line next week. He stated that
the Water Department would start chlorinating the water tomorrow.
Well Levels
Director Dhuse reported that there was a three foot gain in the well draw down numbers. He
reported that 1.3 to 1.6 million gallons are being pumped per day.
School District Watering Request
Mayor Prochaska noted that the City was contacted by the School District requesting permission
to water the football field at night. Their concern is that the field is too hard for safe football play
and one of the ISHA rules is that the school has to have a safe playing field. The watering is in
an effort to soften the ground. Administrator Graff noted that the School District has also been
trucking in water but it has not been enough to soften the field.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Fall Catalog & Adventure Race
Director Brown reported that the fall catalog was out. She also reported that an Adventure Race
was being held on August 20, 2005. She noted that over twenty teams have signed up for the
event with two more weeks of registration left. She asked that anyone interested in volunteering,
contact her.
COMMUNITY & LIAISON REPORT
Liaisons
Mayor Prochaska asked the City Council committees to ree their liaisons for the following
groups; Library Board, Cable Consortium, Human Resource Commission (Alderman Spears has
been attending), Metra, School District (Alderman Ohare has been attending), Kencom
(Alderman Ohare has been attending), Chamber of Commerce, Kendall County Economic Plan
Commission, Bristol Plan Commission, Yorkville Plan Commission, Aurora Area Convention
and Visitors Bureau (Alderman Burd has been attending), Downtown Redevelopment, Park
Board (Alderman James attending) and Yorkville - Bristol Sanitary District (Administrator Graff
has been attending) Development Committee. He stated that the liaison did not have to attend
every meeting however they would be the first contact point.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Resolution 2005 -51 Preliminary Plat of Subdivision for Prestwick of Yorkville
A motion was made by Alderman Munns to approve the Resolution approving the Preliminary
Plat of Subdivision for Prestwick of Yorkville as presented; seconded by Alderman James.
The Minutes of the Regular Meeting of the Citv Council — August 9, 2005 — page 5
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Leslie -aye, Munns -aye, Ohare-aye, Spears -aye, Wolfer -aye, Besco -aye
Resolution 2005 -52 Final Plat of Subdivision for Westbury Village Unit One
A motion was made by Alderman Munns to approve the Resolution approving the Final Plat of
Subdivision for Westbury Village Unit One (formerly called POD 6) as presented; seconded by
Alderman Spears.
Motion approved by a roll call vote. Ayes -7 Nays-0
James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye
Ordinance 2005 -68 Designating an Area for Special Use
Lincoln Prairies Asphalt Plant
A motion was made by Alderman Munns to approve an Ordinance designating an Area of Special
use for the Lincoln Prairie asphalt as presented; seconded by Alderman Spears.
Alderman Spears asked if the study was distributed to the people who were concerned with the
odor from the plant. Administrator Graff stated that a copy of the study was mailed out to those
concerned parties.
Alderman Ohare noted that one party was more concerned with traffic rather than odor.
Administrator Graff stated that traffic was addressed and traffic control information is being
compiled.
Motion approved by a roll call vote. Ayes -7 Nays -0
Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, James -aye
First Amendment to Annexation Agreement of
Michael Rosenwinkel and Tamara Rosenwinkel
A motion was made by Alderman Munns to approve the First Amendment to Annexation
Agreement of Michael Rosenwinkel and Tamara Rosenwinkel as present; seconded by Alderman
Spears.
Mayor Prochaska questioned if this motion should be amended to allow for both the
manufacturing and the residential zoning as discussed in the public hearing.
Alderman Leslie asked for clarification as to what Attorney Kramer wanted the City Council to
vote on. Attorney Kramer reiterated that the original amendment was to change the zoning from
M -1 Limited Manufacturing District to R4 General Residence District zoning however the City
has asked if the property owner's would consider allowing the M -1 zoning to remain and add the
R4 General Residence District zoning. This would allow the ability for either zoning.
There was a brief discussion regarding the change. Mayor Prochaska stated that the motion
needed to be amended or restated.
Alderman Spears withdrew her second; Alderman Munns withdrew the motion.
Mayor Prochaska entertained a motion to approve the First Amendment to Annexation
Agreement of Michael Rosenwinkel and Tamara Rosenwinkel agreement with the additional
language allowing for the M -1 zoning to remain and the R4 to become a float zoning on top of it,
subject to legal review and authorize the Mayor and City Clerk to sign the agreement. So moved
by Alderman James; seconded by Alderman Spears.
Alderman Besco questioned the SSA language and expressed his concern with them. Attorney
Kramer stated that the developer is planning on the overall project however the south unit could
have an applicable SSA. There was a lengthy discussion regarding SSAs including the purpose
for SSA's and their affect on foreclosures. Alderman Spears asked if Attorney Kramer's clients
would consider removing the SSA language until they have a user for the property. Attorney
Kramer stated that his client would not consider this. Mayor Prochaska noted that the language in
the agreement stated that the SSA was "without limitation ". He suggested that this phrase be
deleted. There was discussion on the SSA being subject to the United City of Yorkville's SSA
ordinance. Attorney Kramer's client agreed to strike the "without limitation" language.
The motion needed to be restated again. Alderman Spears withdrew her second; Alderman James
withdrew the motion.
Mayor Prochaska entertained a motion to approve the First Amendment to Annexation
Agreement of Michael Rosenwinkel and Tamara Rosenwinkel with the additional language
The Minutes of the Regular Meeting of the City Council — August 9, 2005 — pa eg_6
allowing keeping the M -1 zoning and having R-4 zoning be the added to that. Also, in the area of
the Special Service Area, the language stating "without limitations" would be struck in all places
it appears, subject to legal review and consistent with City ordinance and regulations, current or
as amended, authorize the Mayor and City Clerk to sign the agreement. So moved by Alderman
Ohare; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
- Wolfer -aye, Besco -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye
Ordinance 2005 -69 Authorizing the Execution of the First Amendment to the
Annexation Agreement of Michael Rosenwinkel and Tamara Rosenwinkel
A motion was made by Alderman Munns to approve an Ordinance authorizing the Execution of
the approved First Amendment to the Annexation Agreement of Michael Rosenwinkel and
Tamara Rosenwinkel upon final legal and staff review; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye ,Wolfer -aye, Besco -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
URS Corporation Proposal — Downtown Redevelopment TIF
A motion was made by Alderman James to postpone to August 23, 2005 the approval of URS
Corporation proposal for cost of Doing a Feasibility Study for the Downtown Redevelopment TIF
District process; seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes -7 Nays-0
Besco -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye
Salvation Army Golden Diner's Sponsorship Request
A motion was made by Alderman James to approve the Salvation Army Golden Diner's
Sponsorship Request and authorize the donation in an amount not to exceed $250.00; seconded
by Alderman Munns.
Alderman James explained the reason he asked this to be removed from the consent agenda;
because when it was first discussed with the Council, the proposal applied to surrounding
counties. He stated that he did some research and found that at the last event they held in
Yorkville only six of the eighty -plus people in attendance were from Yorkville. He stated that he
as under the impression that this fee would be waived if the event was a direct benefit to the
resident's of Yorkville. This event is open to not only residents of Yorkville but to those in
Kendall County and surrounding communities. He stated hat he could not support the waiver of
the fee because of this.
Mayor Prochaska noted that the event does benefit Yorkville residents along with others and
holding the event in Yorkville makes it convenient for seniors in the City to attend. However, if
residents did not want to attend, there was nothing anyone could do about it.
Alderman Spears noted that the Golden Diner's distribute meals not only at Beecher but also
through Meals on Wheels. She also stated that there was another event coming up; the
Northeastem Area on Aging which last year raised over $100,000.00 which was distributed to all
the communities. She explained that Kendall County had the least amount of participation but
still received funds. She did not feel that the City Council should be concerned with the $250.00
when the program feeds many people. She also suggested that Alderman James research the
attendance numbers for other events that the group has held.
Alderman James stated that the seniors from other communities use the Beecher Center so the
taxpayers of the United City of Yorkville are supporting a county function. He stated that as a
citizen of Yorkville, his tax dollars are paying for people from Sandwich, Naperville, etc. Mayor
Prochaska clarified that the daily meals served out of Beecher, including Meals on Wheels, are
served locally. He stated that this is for a special event and seniors from other areas will be
attending. He noted that if this service was located elsewhere, the seniors in Yorkville would
have to travel to that location.
Alderman Munns stated that seniors from Yorkville attend the event and invite friends from other
areas; this allows them to socialize and have a good time. He noted that those attending from
other communities may be buying gas or other goods in Yorkville before they leave.
The Minutes of the Regular Meeting of the Citv Council — August 9. 2005 — oage 7
Alderman Ohare questioned if any other cities in the county or even the county donate to the
Golden Diner's program. She stated that she disagreed with Alderman James; the number of
Yorkville residents attending was not important but rather the fact that seniors were being
provided for was.
There was further discussion about the waiver form, Meals on Wheels, seniors being taxpaying
citizens, etc.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye
ADDITIONAL BUSINESS
Beecher Center
Alderman James asked if the City Council could take a hard look at what is being done with the
Beecher Center. He noted that the Beecher is a City building on which the city recently spent
money to renovate the air conditioning /heating system and parking lot. He further noted that city
functions are being moved out of the building so that 2/3's of the space can be used for a county
function. Mayor Prochaska noted he was not happy with this discussion however the use of the
Beecher Center would be placed on the August 16, 2005 Committee of the Whole meeting
agenda for further discussion.
Park Board vs. Park District
Alderman Munns asked that the discussion of the City having a Park District rather than a Park
Board be placed on the Public Works Committee meeting agenda. He noted that has spoken with
residents who feel they do not have a say in the parks being placed in the subdivisions. Alderman
Besco stated that this month's Public Works Committee meeting was going to be a joint meeting
with the Park Board so it would be a good opportunity to discuss this. Mayor Prochaska asked
Alderman Munns to encourage concerned residents to attend the meeting to show their support.
Fox Hill Signs
Alderman Ohare asked Director Dhuse to install signs marking k off parking for the soccer fields
now that the parking ban on John Street has been approved. Alderman Munns noted that the sign
at Aspen and John Street is bent over and needs repair. Director Dhuse stated he would look into
both matters.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie; seconded by
Alderman James.
Motion approved by a viva voce vote.
Meeting adjourned at 8:30 p.m.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
August 9, 2005
PLEASE PRINT
NAME: ADDRESS:
PlAvc
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SIGNIN
STATE OF ILLINOIS )
SS.
COUNTY OF KENDALL )
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CITY COUNCIL MEETING
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UNITED CITY OF YORKVILLE
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REPORT OF PROCEEDINGS had at the meeting of
the above - entitled matter, taken before Lynette J.
Neal, C.S.R., on August 9, 2005, at the hour of
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7:00 p.m., at 800 Game Farm Road, Yorkville,
Illinois.
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DEPO COURT
reporting service
800 West Fifth Avenue Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 Fax 630 - 983 -6013
www.depocoui,t.com
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1 PRESENT:
2 MR. ARTHUR PROCHASKA, Mayor;
3 MR. WILLIAM POWELL;
4 MR. MARTY MUNNS;
5 MS. WANDA O'HARE;
6 MR. PAUL JAMES;
7 MR. DEAN WOLFER;
8 MR. JASON LESLIE;
9 MR. JOSEPH BESCO;
10 MR. TONY GRAFF;
11 MS. JACKIE MILSCHEWSKI, City Clerk;
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13 and
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15 MR. JOHN WYETH, Attorney for the City of
Yorkville.
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1 MAYOR PROCHASKA: Next on the agenda we
2 have a public hearing. I entertain a motion to go
3 to the public hearing, the discussion of Ocean
4 Atlantic Chicago LLC and Michael Rosenwinkel,
5 Trustee of the Michael Rosenwinkel Declaration of
6 Living Trust created May 22nd, 2000 and Tamara
7 Rosenwinkel, Trustee of the Tamara Rosenwinkel
8 Declaration of Living Trust created May 22, 2000,
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9 petitioners, request for an amendment to the
10 annexation agreement of Michael Rosenwinkel and I
11 Tamara Rosenwinkel, Ordinance No. 2000 dash 42, to
12 allow for rezoning from the United City of
13 Yorkville M -1 Limited Manufacturing District to
14 United City of Yorkville R -4 General Residence
15 District. The real property consists of
16 approximately 128 acres located at the southwest
17 corner of Corneils Road and Beecher Road in the
18 United City of Yorkville, Kendall County,
19 Illinois.
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20 MS. O'HARE: So moved.
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21 MR. LESLIE: Seconded.
22 MAYOR PROCHASKA: May I have roll call,
23 please.
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1 (Whereupon roll call was
2 taken.)
3 MAYOR PROCHASKA: Motion is carried. We
4 are now in public hearing and I would ask if there
5 is someone here representing the petitioners.
6 MR. KRAMER: Good evening. My name, for
7 the record, is Daniel J. Kramer. My address is
8 1107A South Bridge Street, Yorkville, Illinois.
9 It feels funny to be on this side of the podium.
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10 We're here tonight on behalf of Mike and Tammy
11 Rosenwinkel, one of the branches of the
12 Rosenwinkel family, and also Ocean Atlantic, as to
13 the parcel that you see to my left.
14 It is a 128 -acre parcel that, as
15 the mayor indicated, is located on the south side
16 of Corneils Road. We have been through the plan
17 commission committee as a whole and the community
18 development committee. Basically we went from the
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19 City to the Rosenwinkels about five years ago, a
20 little bit more, and asked if they would bring the
21 parcel into the city, which they did do. They
22 were requested to zone it as a M -1, light
23 manufacturing, in the hopes that it would be a
24 continuation of the Yorkville business park, which
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1 is contiguous to the south of the property. As
2 you know, since that time Inland came in on the
3 Calidonia development and exercised the clause of
4 their annexation PUD agreement asking to switch to
5 residential. They have got a couple of very good
6 users in the south end of it but were never able
7 to market the property on the north.
8 Mike and Tammy, as we've indicated
9 in the three previous meetings that we have been
10 at, have not had a single inquiry about developing
11 it for industrial purposes since the time that
12 they brought it into the city. We think they have
13 been good neighbors to the city. There is a creek
14 corridor that goes through the property that they
15 gave the city easement rights for trail easements,
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16 green -way preservation, if that was ever done on a
17 regionalized basis, and anything we have ever
18 needed they have always done.
19 They are asking the City to look j
20 favorably upon the annexation amendment permitting
21 R -4 zoning. Normally I know you wouldn't like to
22 hand out R -4 zoning as a city council not knowing
23 what you are going to get at the end of the day,
24 and as we promised the plan commission when we
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1 were there, there was some conditions attached to 6
2 your approval. One was that the property would
3 not be developed for apartment purposes. That's
4 in the annexation amendment. Number two, we
5 indicated that it would not be developed unless we
6 brought it in as a planned unit development. So
7 you are going to get a shot at it there. Number
8 three, that it would go through all the normal
9 channels, preliminary plat, final plat,
10 reliminar engineering, final p Y engineering.
11 We also agreed we would comply with
12 all park contributions and regulations with regard
13 to the property, and we showed it right down to
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14 the property that we assured the plan commission
15 that 48 percent of it would be single- family
16 residents, about 24 percent would be a town- or
17 coach -home type home, and we indicated that we
18 would do active adult or age- restricted 55 and
19 over in at least one of those components.
20 Mr. Faraguto has not decided
21 whether that should be in the single- family
22 detached or unattached yet. We agreed to all of
23 those conditions. We met with city staff earlier
24 this evening and we were presented with an
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1 interesting option and it is one my client was 7
2 able to -- the people that are here to call the
3 home office and they are in full agreement with
4 doing it. If the city still had the opportunity
5 or, frankly, if somebody came into our mutual
6 clients tomorrow and said we would still like to
7 see manufacturing on that, we are not
8 anti - manufacturing.
9 In other words, if there was a
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10 definite user for it, we would be happy to do it.
11 So it was suggested by staff that we move ahead
12 with the R -4 petition tonight but rather than
13 revoking the M -1 zoning, that we do just like we
14 did with the original Inland annexation,- that we
15 leave it as a floating or flex zoning, that the
16 property can elect to go either way before
17 development.
18 It could stay M -1 if there was a
19 user -- and I think the City has had some hope
20 that they could bring a user to it in that
21 region -- and if not, then the petitioner still
22 gets what they want, the R -4, and we go through
23 all the appropriate steps. We would simply make
24 that election on or before filing our preliminary
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1 plat approvals. So we are happy with that
2 suggestion and we are willing to work with the
3 City on that. If we can get a good manufacturing
4 user down there that's good for the city, frankly
5 my clients are happy with that. If they had the
«; 6 opportunity, which may present itself, to acquire
k
7 more land in the region than they now have under J
8 their contract, that would be fine too.
9 So we are asking for a positive
1
10 recommendation during the full city council,
11 meeting tonight. We would ask you to move to
12 approve the annexation amendment with an amendment
13 that obviously your City attorney would have to be
1
i
14 happy with and that is adding the language that we
15 keep the flex or float zoning of M -1 as well as
16 R -4, that we not revoke that tonight. And that's
17 kind of what we would like to see happen. So we
18 will be happy to answer any questions we can.
19 We do have a concept sketch that we
20 referenced in the annexation amendment that would
21 be incorporated in by reference, so we have got
22 some guidelines so we know where we are at on
23 that.
24 MAYOR PROCHASKA: Now I'll open the floor
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1 to anyone in the public, if there is anybody that
2 has any comments or questions or testimony that
3 they would like to give at this time?
4 Hearing none, I would ask if there
5 is any comments or questions from the council?
6 MS. O'HARE: On the east, west, and the
7 south, that is M -1 already?
8 MR. KRAMER: On the south it has now
9 been changed to residential. It is not M -1
10 anymore. On the west it still would be M -1, but
11 we have a nice buffer or border. Beecher Road
12 would be the dividing line between the M -1
13 starting up. And on the east, again, there is --
i
14 right between us and where you get nearer 47,
15 there is a parcel that the Moose Lodge actually
16 owns.
17 Frankly, we have been trying to
18 make contact because we think whatever happens on
I
19 the Rosenwinkel parcel, it makes sense for that
20 square to do the same. Out here you have a little
21 bit of a no -man's land, yet there is signs that
22 people are trying to market the corner there. I
23 haven't seen a petition, maybe there is one filed
24 in front of the city, but that's not zoned for
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1 anything that I know of.
2 MAYOR PROCHASKA: Dan, for clarification,
3 I think directly to the south of that property
4 that is not annexed yet. No, underneath the big
5 part there.
6 MR. GRAFF: The Johnstone property.
7 MR. KRAMER: Oh, yeah, over on this side
8 of the creek, that's correct. Johnstone is not
9 and then this is part of Calidonia on that.
I
10 MS. O'HARE: My second question is how I
9
11 long is our time limit on a floating zoning?
12 MAYOR PROCHASKA: Well, in this case it
I
13 would be at the point that they would come in with
14 the preliminary plat, they would -- if they are
15 platting it, that would tell us what the zoning is
16 at that time.
17 MR. KRAMER: We are not asking you to
18 put a limit on the manufacturing. If for some
19 reason they don't come in, it is to your benefit
20 to keep it manufacturing as long as you can.
21 MS. O'HARE: Okay.
22 MR. BESCO: On Page 5 I notice there is
23 something in here that wasn't in here the last
24 time I saw it creating special service tax areas?
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1 MR. KRAMER: Yeah. Joe, we talked with
2 Ocean Atlantic. Again, what we anticipate
3 happening here is this is a stand -alone unit. In
4 other words, that it could built and we comply
5 with open space and everything in this one. But,
6 frankly, we are hoping to incorporate this into a
7 much larger development to the north with some
8 large open space recreational facilities that
9 would benefit the City and would require some
1
10 SSA. Again, I know you haven't liked to see more
1
11 of those urel for residential
P Y purposes but this
12 would be extremely multi -use. Frankly, we have
13 been looking at a large recreational facility so
I
14 we want that ability.
15 MR. BESCO: So this applies to that
16 parcel.
17 MR. KRAMER: Because we think we are
18 going to incorporate altogether when it actually
19 gets built.
20 MR. BESCO: So that would be like a
21 blanket PUD to cover everything?
22 MR. KRAMER: Absolutely. So I know
23 you're naturally prejudiced because you and I have
24 had this discussion about SSA's. Here to get the
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12
1 type of recreational facilities, there is no other
2 way to do that, plus they are looking at a healthy
3 share of the sewer interceptor extension too.
4 MAYOR PROCHASKA: Any other questions?
5 MS. SPEARS: Did you say we did do the
6 zoning with Inland before?
7 MR. KRAMER: We did it with the
8 Yorkville Business Park with Calidonia. We did it
9 on 47 and Galena for Inland on Northgate. We just
3
10 didn't know what was going to happen there so we j
f
11 did floating zoning on that. And the other parcel
12 that's out in the area that we did is south of the
I
13 railroad tracks on the east side of 47, the
14 Conover piece, that we always hoped would become a
15 Metra station. That has floating zoning.
j 16 MS. SPEARS: Are the Rosenwinkels okay
17 with this concept?
18 MR. KRAMER: Right. And, frankly -- and
19 we are not trying to hurt our purchasers, Ocean
20 Atlantic, and had we had a good manufacturing
21 user, they would have sold it to them. They have
22 no quarrel with manufacturing. They just have had
23 no nibbles in five years time, not one. They've
24 had hundreds of people talk to them about
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1 residential.
2 MS. SPEARS: So the SSA would apply to
3 the Ocean Atlantic development; correct?
4 MR. KRAMER: Correct.
5 MAYOR PROCHASKA: On this piece of
6 property.
7 MS. SPEARS: On this --
8 MR. KRAMER: Right. And we would hope
9 to do it in the whole because we are looking at
10 some large recreational facilities.
11 MAYOR PROCHASKA: Tony?
12 MR. GRAFF: Logistically, Dan, how would
13 we put that into this agreement to where it is
14 tied into the master plan community of the
15 Westbury Village?
16 MR. KRAMER: We are looking at --
17 again, hopefully in your business session tonight
- 18 you'll approve the amendment, and I will leave it
19 up to Mr. Wyeth to instruct the city which of two
20 ways he would like to go. One way is we could do,
21 in effect, a second amendment and come back to
22 incorporate the floating zoning on the M -1.
23 MR. GRAFF: Okay.
24 MR. KRAMER: Or if you simply direct him
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1 to include it in this first amendment and subject
2 to staff approval language, we are happy to take a
3 shot at it and let him draft it. We would like a
4 vote this evening.
5 MAYOR PROCHASKA: John, is --
6 MR. KRAMER: I will do either.
7 MR. WYETH: It is not difficult. It is
8 conceptually easy to draft because the council has
9 an understanding of what's being asked here. We
10 just have to write the words. i
11 MAYOR PROCHASKA: Anybody else?
12 MR. BESCO: Could you go back over that
13 again? So basically what we would be doing is
I
14 approving it if it was a master plan community or
15 just this --
16 MAYOR PROCHASKA: Okay. We are talking
i
17 about zoning.
18 MR. KRAMER: The floating zoning.
19 MR. BESCO: Okay.
I
20 MR. KRAMER: And on the SSA language, as
i
21 I say, the reason we are asking for that is
22 because we anticipate that being not only on this
23 parcel but the much larger recreational to the
24 north.
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1 MR. WYETH: Would it possibly be
2 contingent upon the elements that would be
3 approved on the adjacent properties?
4 MR. KRAMER: Let me ask these fellows
5 that before you get to your business session and I
6 will give you an answer.
7 MAYOR PROCHASKA: I want to be clear, you
8 are asking about SSA.
9 MR. BESCO: Yes.
I
10 MAYOR PROCHASKA: Okay. So we have two
11 issues, one is the zoning and one is the SSA.
12 MR. KRAMER: Right. And I will talk to
13 my clients before you get to it in the agenda.
14 MAYOR PROCHASKA: Okay. Is there any
15 other comments from anyone at this time? If not,
16 I entertain a motion to close the public hearing.
17 MS. SPEARS: So moved.
18 MR. JAMES: Second.
19 MAYOR PROCHASKA: Motion is carried.
20 - - -
21
22
23
24
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1 STATE OF ILLINOIS )
SS.
2 COUNTY OF DU PAGE )
3 I, Lynette J. Neal, C.S.R. No.
4 084 - 004363, do hereby certify that the foregoing
5 REPORT OF PROCEEDINGS, Pages 3 through 15, was
6 recorded stenographically by me and
7 computer- transcribed under my personal direction;
8 and that the said transcript constitutes a true
9 record of the REPORT OF PROCEEDINGS at the time
10 and place aforesaid.
11 I further certify that I am not counsel
12 for nor in any way related to any of the parties
13 to this suit, nor am I in any way, directly or
14 indirectly, interested in the outcome thereof.
15 This certification applies only to
16 those transcripts, original and copies, produced
17 under my direction and control; and I assume no
18 responsibility for the accuracy of any copies
19 which are not so produced.
20 IN WITNESS WHEREOF I have hereunto set f
21 my hand this 30th day of August, 2005.
22
23
Certified Shorthand Reporter
24
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s
DESK GUIDE
Parliamentary Procedures
(Page Citations are to Robert's Rules of Order, 10 Edition, Perseus Pub., Oct 2000)
HANDLING A MOTION (Sec. 4, Pages 31— 54)
i
Three steps to bringing a motion:
1. A member makes the motion
2. Another member seconds the motion
3. The chair states the question on the motion
Three further steps in consideration of the motion:
4. Members debate the motion €
5. The chair puts the question to a vote
6. The chair announces the result of the vote
DESCRIPTIONS AND CLASSIFICATIONS OF MOTIONS
(Generally Sec. 6 pgs 59 — 76, Detail found in Sections 10 — 37, Pages 95 -- 324)
1. MAIN MOTION
General Description in Section 6 (pg 59),
Detailed Description in Section 10 (pgs 95 - 120). a
"A main motion is a motion whose introduction brings business before eh
assembly." "A main motion can only be made when no other motion is
pending." Page 59
2. SUBSIDIARY MOTIONS (7)
General Description in Section 6 (pgs 60 -64),
Detailed Description in Sections 11 - 17 (pgs 121— 210).
1. Postpone Indefinitely (pg 60, and Section 11, pgs 121 -124)
2. Amend (pg 60, and Section 12, pgs 125 -159)
3. Refer to a Committee (pg 61, and Section 13, pgs 160 -171)
4. Postpone to a Certain Time (pg 61, and Section 14, pgs 172 -182)
5. Limit or Extend Debate (pg 61, and Section 15, pgs 183 -188)
6. Previous Question (pg 61, and Section 16 pgs 189 -200)
7 Lay on the Table (pg 61, and Section 17, pgs 201 -210)
3. PRIVILEGED MOTIONS (5)
General Description in Section 6 (pgs 64 -66),
Detailed Description in Sections 18 — 22 (pgs 211 - 239).
4. INCIDENTAL MOTIONS (11)
General Description in Section 6 (pgs 66 - 72),
Detailed Description in Sections 23 - 33 (pgs 240 - 288).
5. MOTIONS THAT CAN BRING A QUESTION BEFORE
THE BODY AGAIN (4)
General Description in Section 6 (pgs 72 -76),
Detailed Description in Sections 34 - 37 (pgs 289 - 324).
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