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City Council Minutes 2002 11-12-02 I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILL& KENDALL COUNTY. ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD. ON TUESDAY. NOVEMBER 12. 2002. Mayor Prochaska called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk MV ilschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Munns Present Ward IV Besco Present Spears Absent QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA City Administrator Tony Graff noted that the Building Reports under the Economic Development Committee Report were approved at the last City Council meeting. Mayor Prochaska noted that there were issues on the agenda tonight that require a 2/3 vote and with two aldermen missing everyone present would have to approve the items. COMMITTEE MEETING DATES Public Works C. 6:30 P.M., Monday, November 25, 2002 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, November 21, 2002 City of Yorkville Conference Room 800 Game Farm Road I Administration Committee 6:30 P.M., Thursday, November 14, 2002 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday, November20, 2002 City of Yorkville Conference Room 800 Game Farm Road C CITIZEN COMMENTS Doris Dick, 504 Teri Lane, addressed the Council. She read a letter (see attached) regarding issues Yorkville residents have with the Heartland Circle Annexation and Planned Unit Development (PUD). The issues she noted were the traffic study for the development, the gated entrance on Spring Street and West Road, construction traffic, a sign variance, the sanitary sewer and pump station and side yard variances. Rich Stone, 176 Tuma Road, addressed the Council. His first order of business was to discuss the raise in pay for the City Council- He expressed his concern that the Council was underpaid. He also discussed that the Heartland Circle PUD does not include the gating of Tuma(West Road. He felt that this should be included in the agreement. He complimented Mr. Marker's subdivision for its appearance. He also expressed his concern regarding the location of his home in respect to the road coimecting the subdivision to Tuma Road. He was against the fact that the easement for the road abuts his property line. This voids any setback rules for the City of Yorkville and Kendall County. The road will be fifteen feet from his living room. He asked that this be looked at more closely and corrected. I I I The Minutes of the Regular Meeting of the Citv Council - November 12. 2002 - nag Camille Grimes, 106 Quinsey Lane, addressed the Council and read a letter dated November 11, 2002 (see attached). The concerns regarding Heartland Circle expressed in her letter regarded water drainage, access to Qumsey Lane, endangered species and dumpster and mailbox location. Steve Booth, 904 E. Spring Street, addressed the Council and distributed a handout (see attached). He expressed his concern that Heartland Circle would cause a harmful and detrimental influence on the surrounding rea. He read from the City's codebook regarding developments g ty gar g being environmentally compatible, beneficial to the health, safety and general welfare of residents particularly the immediate surroundings. He also read about the uses permitted in a development and about private streets and driveways. He asked about the developer's plans for the entrance/exit and how the development will be beneficial to the surrounding area. He also _ commented that the gate on Tuma Road is not mentioned in the PUD agreement and should be. Albert Batres, 902 E. Spring Street, addressed the Council and complimented Mr. Marker on a "great looking community" but he felt that the piece of property was not the right place for this type of development. He suggested that the area be zoned RI so there would be less homes to impact the community (roads, schools, sewer system etc.). Larry King, 900 E. Spring Street, addressed the Council. He asked why there was a hurry to pass the agreement for Heartland Circle. He suggested waiting to see how Heartland I impacts the area before going ahead with this development. He also asked about the impact of these homes on the schools. He felt that there wasn't a need for the City to grow. There were no fiuther citizen comments. PRESENTATIONS None. PUBLIC BEARINGS None. PLANNING COMMLSSION/ZONING BOARD OF APPEALISIGN REVIEW BOARD No report MINUTES FOR APPROVAL A motion was made by Alderman Anderson to approve the minutes of the City Council meeting from October 22, 2002: seconded by Alderwoman Burd. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the paying of the bills listed on the Invoice Register #219 dated November 7, 2002. Checks in the amount of $562,997.20(vendor), $101,790.75(payroll period ending 10/19/02), for a total of $664,787.95: seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot aye, Munns -aye, Sticka -aye, Anderson-aye REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT Blackberry Creek Update Mayor Prochaska gave an update on the Blackberry Creek Interceptor Project. He stated that the City received a draft of a report from Conservation Design Forum (CDF). The City staff will be going through the report with CDF and preparing a presentation for the Council in December. He also reported that the Yorkville - Bristol Sanitary District (YBSD) received a report from Deuchler on the three options for the sanitary sewer interceptor. The YBSD has also received a sign -off from the Illinois Department of Natural Resources (IDNR) for the original routing along the creek. The Mayor stated that when the Council approves CDF's report, it will be sent to YBSD, IDNR, the Army Corp of Engineers and the Illinois Environmental Protection Agency (iEPA) so that they will have the information available to them before any further decisions are made. �I The Minutes of the Regular Meeting of the Citv Council - November 12.2002 - nage 3 Viewing of Architectural Standards Draft Mayor Prochaska reported that there would be a viewing of the draft for the architectural standards for commercial/industrial buildings on November 21, 2002 from 5 :00 to 7:00 P.M. The draft will be available for anyone interested. The Economic Development Committee will meet immediately afterwards where it will be discussed further. Reports Available for Council Members Mayor Prochaska reported that he had several reports available for the aldermen to review. He stated that they were on the table under their mailboxes. They are the annual report from the University of Illinois Extension, Regional Transportation Authority's quarterly report and Senior Service's November/December paper. Christmas Party Mayor Prochaska reported that this year there will not be a Christmas Party as in the past but rather an Appreciation Night after the first of the year. He felt that this would be a better way to recognize the people who work hard for the city such as the Board Members, staff and volunteers. CITY CLERK'S REPORT No report CITY TREASURER'S REPORT Treasurer Allen requested a motion to accept the Treasurer's Report for September 2002 as presented. So moved by Alderman Sticka; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes -6 Nays -0 Mums -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, Kot-aye CITY ADN1 MSTRATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Eric Dhuse reported that there was a misprint m the City's newsletter regarding, the dates of leaf pick-up. The correct dates for pick -up are November I e through November 22 CHIEF OF POLICE REPORT No report. DIRECTOR OF PARKS & RECREATION No report. COMMUNITY & LIAISON REPORT Alderwoman Burd reported that she attended the Advisory Outerbelt Committee meeting. It was a two -hour meeting with exercises for attendees in order to identify what is important to different groups along the corridor. This was done in an effort to identify common ground or problem areas that need to be addressed before an agreement is reached. A time line was established; discussion in December will be about the pros and cons of regional cooperation; models for cooperation will be discussed in January, preferred models for cooperation will be chosen in February and the group will give a recommendation in March. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT (Resolution) 2002 -37 Letters of Credit Resolution A motion was made by Alderman Kot to approve a resolution approving Letter of Credit and Subdivision Bond requirements as recommended by the City Engineer, seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, Kot-aye, Mums -aye (Ordinance) 200240 Comvensatory Storage A motion was made by Alderman Kot to approve an ordinance amending the Subdivision Control Ordinance #2000 -02 as recommended by the City Engineer upon legal review; seconded by Alderman Sticka. The Minutes of the Regular Meeting of the Citv Council - November 12, 2002.2002 - uage 4 Mayor Prochaska noted that Attorney Kramer specified that the draft to be approved was dated November 6, 2002. I Alderman Sticka commented that he has had problems with this ordinance but spoke with City Engineer Joe Wywrot who is comfortable with the current wording of the ordinance. Motion approved by a roll call vote. Ayes -6 Nay" Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, Kot -aye, Munns-aye, Elevated Water Stora eg Tank A motion was made to approve Change Order #1 for the elevated water storage tank as recommended by the City Engineer, seconded by Alderman Anderson. Alderman Kot commented that the change order did not involve any cost increase but it adjusts the time frame for the project, which has been delayed due to the obtaining easements. Motion approved by a roll call vote. Ayes -6 Nays -0 Anderson -aye, Besco -aye, Burd -aye, Kot-aye, Munns -aye, Sticka -aye York Meadows Letter of Credit Reduction 91 A motion was made by Alderman Kot to approve the York Meadows Apartments, Letter of Credit Reduction #I in the amount of $183,122.30 with a rema ining balance of $99,036.70 as recommended by the City Engineer; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -6 Nays-0 Besco -aye, Burd -aye Kot -aye, Mums-aye, Sticka -aye, Anderson-aye Coach Road Hills - EEI En aineerina Review Services A motion was made by Alderman Kot to approve Engineering Enterprises, Inc. scope of services agreement for subdivision review for Coach Road Hills and to authorize the City Engineer to sign the agreement; seconded by Alderman Besco. Mayor Prochaska commented that this is for the engineering review of the subdivision at the - expense of the developer. This City receives a deposit before the review is preformed Motion approved by a roll call vote. Ayes -6 Nays -0 j Burd aye, Kot-aye, Mums -aye, Sticka,-We, Anderson -aye, Besco -aye Grande Reserve Subdivision - EEI En eineering Review Services A motion was made by Alderman Kot to approve Engineering Enterprises, Inc. scope of services agreement for subdivision review for Grande Reserve and to authorize the City Engineer to sign the agreement, seconded by Alderman Anderson. Alderman Kot noted that this is the same circumstance as the previous motion but for Grande Reserve subdivision. Motion approved by a roll call vote. Ayes -6 Nays -0 Kot -aye, Munns -aye, Sticka-aye, Anderson -aye, Besco -aye, Surd -aye (Resolution) 2002- 38 Water Tower Easement (Galena - Yorkville) A motion was made by Alderman Kot to approve a resolution authorizing the United City of Yorkville Mayor and City Clerk to accept the Grant of Easement from Galena Yorkville, LLC on behalf of the Untied City of Yorkville; seconded by Alderman. Anderson. � Motion approved by a roll call vote. Ayes -6 Nays -0 Kot -aye, Munns -aye, Sticka-aye, Anderson -aye, Besco -aye, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinance) 2002 -41 PC 2002 -21 Nadine Gauer Rezone A motion was made by Alderman Sticka to approve an ordinance granting rezoning for PC 2002- 21, Nadine Gauer from R -2 One Family Residential District to B -1 Limited Business District; seconded by Alderman Kot. Mayor Prochaska commented that this is a property alongside those rezoned in October on Route 47. I Motion approved by a roll call vote. Ayes -6 Nays -0 Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, Kot -aye I The Minutes of the Regular Meeting of the ON Council - November 12.2002.2002 - uage 5 PC 2002 -22 Carrvilla -1 % Mile Review A motion was made by Alderman Sticka to recommend approval to Kendall County the Special Use Zoning for PC 2002 -22, Carrvilla for a dog kennel with a request for the owners to voluntarily begin annexation proceedings with the United City of Yorkville; seconded by Alderman Anderson. Mayor Prochaska commented that this is a recommendation to Kendall County and the City asked the owners to begin an annexation agreement with the City so that if and when they become contiguous to the City they will be annexed. Administrator Graff noted that they agreed to this. Motion approved by a roll call vote. Ayes -6 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Burd aye, Kot -aye, Munns -aye Annexation & P.U.D. AgreementlReardand Circle A motion was made by Alderman Sticka to approve on ordinance for the Annexation and Planned Unit Development between the United City of Yorkville, Kendall County, Illinois and Richard Marker Assoc., Inc. developer and Taus Trust, owner of record; seconded by Alderman Anderson. City Attorney Dan Kramer noted that the annexation and zoning were contained in the same ordinance and a 2/3 super - majority vote was needed because there has been a legal objection by 20% of the adjoining contiguous property owners. The Mayor does not have to vote on this. Alderman Kot commented that he had concerns regarding the traffic study conducted by the developer. He stated that he received all the documentation but is confused by it He was concerned that the peak time was stated as 8:00 A.M. to 9:00 A.M. He felt that a time around 7:30 A.M. was more accurately the peak traffic time. The other issue he was concerned with was the level of service at the intersection of Somonauk and Route 47, which was referred to as a "D" The initial study referred to it as a "B" during peak time. He felt the information provided was flawed. He stated that he had nothing against the development but until he was provided with answers to the traffic study, he could not support the annexation. John Philipchuck, attorney for Richard Marker, informed the Council that the traffic engineer Steve Grabowski from Metro Transportation Group was present and could address the traffic issue. Mr. Grabowski stated that they prepared the original traffic study for the development and the subsequent analysis, which he explained along with the level of service. He stated that the level of service "D" was determined by increasing the traffic volume at the Somonauk/Route 47 intersection by 50 % for each of the twelve movements at the intersection. The artificial inflation was done because the study was not preformed during the school season and it was thought it would take care of the increases of school traffic. The original analysis was done in June after school was out and based on these counts the level of service "B" was determined. Mr. Grabowski reported that they took counts this morning while school was in session. These counts indicated that the peak hour was 7:15 A.M. to 8 :15 A.M. There was increased traffic volume particularly to the west on Somonauk Road indicating the school activity. They reanalyzed the intersection based on the information gathered this morning with the development traffic added in and determined that the intersection will operate at a level "C ". Alderman Kot asked why the numbers were so far off on the first study and Mr. Grabowski stated that traffic varies month to month and day to day. Alderman Munns also questioned the traffic study. He suggested that the next time a study is preformed, someone more familiar with the area perform it in order to eliminate flaws. Alderman Sticks asked about the access to Vilest Road. He wanted to know if the Planned Unit Development Agreement (PUD) should include information regarding this. Attorney Kramer noted that the engineering plan indicated the access and it is an attachment to the PUD as an exhibit. Alderman Munns commented that he was concerned about the proximity of the road to Mr. Stone's home and he felt that the PUD should be environmentally compatible. He also stated that people have the right to build as long as they do it according to the City's standards. His main concern was that 1/3 of the subdivision was under the 12,000 minimum square foot lots. i Alderman Sticka commented on the lot size. He stated that the objective of this was to control j density and the density of this subdivision is well below the City's allotted level. He sued that some of the lot area was converted to public open space. He felt that this was a benefit to the i The Minutes of the Regular Meeting of the Citv Council - November 12.2002.2002 - na e 6 community at large. He did not see the benefit of taking this space away from the public and adding it to individual's yards. Mayor Prochaska noted that the smaller lots in Marker's Heartland development were immediate to the open space and could be changed to 12,000 square foot lots with the elimination of the public green space. He asked if this was the same instance with this development and Mr. Philipchuck said that this was correct. Mayor Prochaska also asked if this green space was credited for parks and Mr. Philipchuck stated it was not. Mr. Philipchuck addressed the gate a West Road He noted that this was placed at the location recommended by the City Engineer. The right -of -way is sixty -six feet from the street so the right -of -way line, not the pavement, is what is next to lot 48 (Mr. Stone's lot). There will be a normal parkway before the street pavement. Alderman Besco commented that to make a neighborhood, the developer has to cooperate with the neighbors and he felt that this has been a flaw with this development. Based on this, he stated that he would vote against the annexation. Motion defeated by a roll call vote. Ayes -3 Nays -3 Sticka - aye, Anderson -aye, Besco -nay, Burd -aye, Kot -nay, Mums -nay Attorney Pbilipchuck asked that because of the super- majority vote needed and two Council members absent that a motion be made to reconsider the matter and continue this to the next City Council meeting with the hope that a fill Council would be present. A motion was made by Alderman Sticka to reconsider the annexation agreement when there is a full Council present,; seconded by Alderwoman Burd. City Treasurer Allen noted that the motion to reconsider has to be made by one of the aldermen who voted nay. Attorney Kramer suggested that a motion be made to continue the vote on the remainder of the ordinances on the agenda relating to Heartland until the next City Council meeting on November 26, 2002. At that time, the only aldermen able to make the motion to reconsider the annexation agreement would be those who voted against it A motion was made by Alderman Anderson to continue the remainder of the items under the Heartland Circle Annexation Agreement; seconded by Alderwoman Burd Motion approved by a roll call vote. Ayes -4 Nays -2 Besco -nay, Burd -aye, Kot -nay, Munns -aye, Sticka -aye, Anderson -aye Mayor Prochaska reiterated that this will not proceed unless an alderman voting against the agreement makes a motion to reconsider it and it must be made at the next City Council meeting. (Ordinance) 20024&` � Annexation & P.U.D. Agreement/Kvlvn's Ridge A motion was made by Alderman Sticka to approve an ordinance for the Annexation and Planned Unit Development between the United City of Yorkville, Kendall County, Illinois and AMG Homes, Inc.; seconded by Alderman Anderson. Attorney Kramer noted that the developer provided the requested changes, which were reviewed by City staff and the version the Council has is good- Motion approved by a roll call vote. Ayes -6 Nays -0 Sticka-aye, Anderson -aye, Besco -aye, Burd -aye, Kot aye, Murms -aye (Ordinance) 2002 -43 Authorizing the Execution of the Annexation and PUD Agreement A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an Annexation and Planned Unit Development of AMG Homes, Inc., and to authorize the Mayor and City Clerk to execute the agreement; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Sticka-aye, Anderson -aye, Prochaska-aye (Ordinance) 200244 Enabling Ordmance/Kvlvn's Ridge Special Tax Service Area A motion was made by Alderman Sticka to approve an enabling ordinance to create a Special Tax Service Area 2002 -02 for KyIyn's Ridge Subdivision, seconded by Alderman Besco. I The Minutes of the Regular Meeting of the Citv Council - November 12. 2002 - nag_e 7 Administrator Graff noted that the SSA number was 2002 -02 instead of 2002 -01 because Heartland Circle was up for a vote first. He asked if there was a problem with the numbering and Attorney Kramer stated that the numbering was fine. Motion approved by a roll call vote. Ayes -6 Nays -0 Kot -aye, Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye (Ordinance) 2002 -45 Establishing a Special Service Tax Area/Kvlvn's Ridge A motion was made by Alderman Sticka to approve an ordinance establishing a Special Service Tax Area 2002 -02 for Kylyn's Ridge Subdivision; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -6 Nays -0 Anderson -aye, Besco -aye, Burd -aye, Kot-aye, Munns -aye, Sticky aye PUBLIC SAFETY COMMITTEE REPORT September Police Renorls A motion was made by Alderman Anderson to accept the September 2002 monthly police reports as presented; seconded by Alderman Kot. Motion approved by a viva voce vote. ADMINISTRATION COMMITTEE REPORT CorLands Lease Agreement A motion was made by Alderman Mums to approve the lease agreement between the Corporation for Open Lands and the United City of Yorkville and to authorize the Mayor and City Clerk to execute the agreement upon the purchase of the property by Corporation for Open Lands. Furthermore, to authorize the quarterly payment of $2,500.00 from Land Cash; seconded by Alderman Kot. Mayor Prochaska commented that this is the agreement to set aside a piece of property on the Fox River until the City in able to purchase it. Originally, it was to have four homes built on it. CorLands is working with the City to save the open space along the river. Motion approved by a roll call vote. Ayes- 6 Nays -0 Kot -aye, Mums aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye Williams Architects Contract A motion was made by Alderman Munns to approve the contract between the United City of Yorkville and Williams Architect, Inc. for design and development services for the City Hall/Police facility and to authorize the Mayor and City Clerk to execute the contract, upon final review by the Finance Director and legal review by the City Attorney, seconded by Alderman Besco. Attorney ramer indicated that changes to the contract he requested have been made, orney g eq Alderman Kot expressed his concern that the funds were going to be spent but that the project wouldn't move ahead. He hoped that the revenue stream for the project had been identified. Mayor Prochaska noted that the fimds for the study are available and the City has been negotiating with developers to obtain up front funds to cover the cost of construction. The engineering drawings need to be done first to move forward with the project He stated that he expected to have the funds within a year. Administrator Graff noted that the negotiations with developers are going well and the developers he has contacted have verbally agreed to this. He stated that the developer MPI has to approximately $300,000.00, which will cover Phase I of the renovation. He also stated that there is over $100,000.00 in the bank for the project. - -- Alderman Kot stated that he was not against the contract but he wanted to know that the City was i moving ahead in obtaining funding. He stated he was satisfied with the information provided by j the Mayor and Mr. Graff. Motion approved by a roll call vote. Ayes- 6 Nays -0 Munns -aye, Sticky aye, Anderson -aye, Besco -aye, Burd aye, Kot-aye Beecher Rental Policv A motion was made by Alderman Munns to approve the amendments to the Beecher Building Rule & Regulation Policy #3 as recommended by the Park & Recreation Board and the Executive Director; seconded by Alderman Anderson. z i The Minutes of the Regular Meeting of the Citv Council - November 12. 2002 - Dage 8 Motion approved by a roll call vote. Ayes- 6 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Surd -aye, Kot -aye, Munns -aye NIU Community Survev A motion was made by Alderman Munn to approve the Northern Illinois University agreement for conducting a survey as recommended by the Park 8t Recreation Board and to authorize the Mayor and Executive Director to sign the agreement; seconded by Alderwoman Burd —, Treasurer Allen asked if this was the Park Board's survey and the Mayor explained that this was a survey that will be used to develop the Parks Master Plan. Motion approved by a roll call vote. Ayes- 6 Nays -0 Sticky aye, Anderson -aye, Besco -aye, Burd -aye, Kot -aye, Munns -aye (Ordinance) 2002 -46 Execution of the IMLRMA Contribution Agreement A motion was made by Alderman Munns to approve an ordinance authorizing the execution of the IMLRMA (Illinois Municipal League Risk Management Association) Minimum/Maximum Contribution Agreement and to authorize the Mayor and City Clerk to sign the agreement; seconded by Alderman Anderson. Mayor Prochaska commented that this is the City's liability insurance and it will be able to pay the minim amount for the insurance. If this is submitted by November 20, 2002 the City will receive a $2,000.00 discount. Motion approved by a roll call vote. Ayes- 6 Nays -0 Anderson -aye, Besco -aye, Burd -aye, Kot aye, Munns -aye, Sticka -aye ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Anderson; seconded by Alderman Besco. Motion approved by a viva voce vote. Meeting adjourned at 8:06 P.M. Minutes submitted by: i Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i CITY COUNCIL MEETING November 12, 2002 PLEASE PRINT NAME: f 0 �S S ADDRESS: i SIGNIN 1 5 do '�C+a -cr3� car N �Q r31t ra �2 �� < IVM 9 01 ' Yet L 6� 1 71 ou�� 06 WI? X�7 -0 7 o5u� of.� JIPV �?u40 N l 4d5m WYY, Nov. 11, 02 Dear Mayor, Aldermen, City Administrator, City Engineer, In the PUD, your agreement with Mr. Marker, I would like to have it mentioned that the City and Mr. Marker will guarantee that there will be no water damage done to the properties below in Quinsey subdivision. In the Oct. 0 h letter to Roake and Assoc. Inc. it says, "the phasing plan looks logical from both access and drainage perspectives." On the drainage perspective there is little information made public to anyone in our subdivision, namely Mr. Bolweg and Mr. Griesmann. The easement particulars are not known and signed for, agreed to or finalized. This leaves them in the dark. The whole subdivision is thinking they are in danger of water damage. It is the fear of the unknown at work. Where the pipes are proposed to be set to cross the Bolweg property, there is a deep gully just beyond that. Is this planned that way to use the gully for a holding pond if something goes wrong? And as far as Mr. Griesmann's property is concerned there is no easement contract at all. But we figured our 1 St stretch of the road, which leads into that property, has been used for water run off for years naturally. It is the point of least resistance. It goes that way anyway. So let it flow! Not one of us knows very much about this project, than when it was 1 St brought to our attention. What about the utilities buried along the whole stretch of the road? I would like to know in layman terms the result of the field study. This study is complete. I am sure. It is suppose to be for annexation approval. Does this study support the many homes covering that much land? Leaving more land open could alleviate the water problems that could come. So please consider larger lots for the homes as insurance of future water control problems. There are ordinances to support this. Follow the ordinance, please. Also, the l St stretch of Quinsey Lane is too small to accommodate two cars passing. With the increase of traffic, what is being considered as a solution?' It is not acceptable for cars to back up at the corner on to Spring St. It is just not safe! Also, we have become accustomed to our wild life. What are the results of the endangered species study? This has not been made public. Has the study been done? Also, the property where the dumpster sits is on city property. What has been decided concerning the location and the city ordinances for garbage? We have to know even about the smallest details. This is our way of life. The U.S. mail box sits on the property too. A decision as to where it will be located would be nice. In conclusion, having guarantees in the PUD spelling out your decision effecting our style of living would help greatly. The process would go more smoothly if we are informed and included in the decision making. Or at least have a representative from Quinsey as a counsel. I am sure it is unusual! But the property and our location to the property lend itself to unusual business practices. I am sure there will be construction on the Taus Farm. I do not object to growth. I do and will object if my yard is under water. Please make the lots larger so water has a place to go. This would help calm some fears and frustrations. It would be a way of showing faith and building trust. Sincerely, Camille Grimes 106 Quinsey Lane Dear Members of the City Council, Tonight is an important evening for many residents of this City & County, in which you will make a significant decision concerning the Annexation and Planned Unit Development Agreement between the United City of Yorkville and Richard Marker Associates. Since this Agreement will effect Yorkville citizens, especially those of Woodworth Estates, Wackerlin, Prairie Lands, Fox River Gardens, Quinsey , Foxfield (Teri Lane) Subdivisions, and the future Heartland Circle Residents, I believe it is very crucial that all important issues be resolved before the permission is given to go forward and issue permits. Concerning the Traffic Study we requested 10 months ago, I will stand on the principal that it is not accurate for a school day with the peak hour of traffic existing at 7 to 8 a.m. Children are due at school around 8 a.m. The Metra Traffic Study said the peak hour of traffic was 8 to 9 a.m. (June 7,2002) Regardless of the time, the problem exists and is going to get worse. The backup on Somonauk Road (24 ft. wide) is due to 1 entrance for school with a signal light to cross Rt.47. Spring Street is 32 ft. wide, narrows to 27 ft., and then opens to 37 ft. at Rt.47. It has stop sign. Mr. Jim Hoving, of Smith Engineering Consultants, Inc (whom I spoke with on Friday) will analyze why the City should accept the new numbers x 50% because it seems appropriate and more than generous. Does this number reflect that all High School students on this side of Rt. 47 must walk or get a ride to school. Bus service is not provided to the high school from this distance. All of the grade school children travel to Bristol and the Middle School children travel through the Somonauk Intersection. If IDOT is referred to as the new solution, either through timing or road improvements, why can't the future permits be linked to the improvement of Rt. 47? Maybe more Developers would lobby. our State officials and improvements would co- inside with the new Development. Also I couldn't receive a date when Rt. 47 will be improved. From my phone conversation with Jim Jereb, manager of District 3 for IDOT, I learned that Rt. 47 is in the process of engineering contract which runs approx. 2 years. However, there is no funding for this project at this time, but it may go into the 5 year plan as early as 2003. Should we add another 20 minutes to our time to get across Rt.47? Did the Traffic Study include Heartland (188 lots) and coming is the 132 Brisben Apartments. You may say this has no bearing, but the Traffic Study has the Somonauk Intersection rated at a LOS D. LOS F is the lowest level of service, according to the Study. Who should fix this problem or who should make it worse? Is the Gated entrance for Spring St. and West Rd. included in the PUD? The other concern is Construction Traffic. We, the residents on this list, request the change to Item K, #1 of the PUD. We request that Heartland Circle Construction Traffic be routed through Heartland using Omaha Drive. This is stated on the Engineering Plan as a note. We think it should be stated in the PUD as well. On page 8 of the PUD, is Mr. Marker asking for a variance to our City's Sign Ordinance and if so, does this request go before the Sign Review Board? Another concern is the Regional Sanitary Sewer and Pump Station. If this is not built, will we all be on a temporary service or should we count on a surcharge for sewer? Why is Mr. Marker asking for a variance of 25' for side yard frontage on a street? Are the lots too small to accommodate the standard 30'? This pertains to about 34 lots. If we don't have the answers, we should vote NO and try R1 zoning for this prized Heartland. Thank you, Doris Dick ` z 0 b „ fa g 1 77 4 � I -1 e Sod �J - 5 09 - YV 6 0S t? ryr 0 9 / R r �' C 33- qov 3Y Please take note of the attached sections of the United City of Yorkville Zoning Ordinance. We strongly feel the development of the Heartland Circle using Spring Street as the main entrance and exit will create undue detrimental influence and effect upon the surrounding established single - family neighborhood. I would be very grateful if you would take the time and view the situation of both Quincy Lane coming out onto Spring Street and the proposed circle entrance to the development. Call me at 5 - 53-7904. I live at 904 E. Spring Street. Thank you, Steve Booth 10 -13 =1 CHAPTER 13 PLANNED DEVELOPMENTS SECTION: 10 -13 -1: 10 -13 -2: 10 -13 -3: 10 -13 -4: 10- 1'3 -5: 10 -13 -6: 10 -13 -7: 10 -13 -8: 10 -13 -9: 10- 13 -9 -1: 10- 13 -9 -2: 10- 13 -9 -3: Purpose Delineation on Zoning Map Pre - Application Conference Procedure for Application for Special Use Contents of Petition Construction of Improvements Street Classifications Standards Planned Developments in Zoning Districts Residential Planned Developments Business Planned Developments Industrial Planned Developments 10 -13 -1: PURPOSE: Planned developments 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 complete 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 City and particularly, in the immediate surroundings, than would developments built in conformity with standard district regulations. Site of planned developments shall be of sufficient size to accommodate self- contained developments and to create' their own character. Planned developments are of such substantially different character from other special uses that the following additional standards are established to guard against their use solely as a means of intensifying the use of land. (Ord. 1973 -56A, 3- 28 -74) City of Yorkville . 10 -13 -7 10 -13 -9 10 -13 -7: STREET CLASSIFICATIONS: Street classifications, definitions and specifications shall be in accord with the regulations pertaining to same as established in the subdivision regulations and the Comprehensive Plan of the City', as may be modified by the special use permit. (Ord. 1973 -56A, 3- 28 -74) 10 -13 -8: STANDARDS: No planned development shall be authorized by the City Council unless the Plan'Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met: A. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. B. 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. C. That any industrial . park areas established in the planned development conform to all requirements therefor as set forth elsewhere in this Title. D. 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. E. When private streets and common driveways are made a part of the planned development or private common open space or recreation facilities are provided, the applicant shall submit as part of the application the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the City Council. (Ord. 1973 -56A, 3- 28 -74) 10 -13 -9: PLANNED DEVELOPMENTS IN ZONING DISTRICTS: 1. See Sections 11 -3 -2 and 11 -4 -3 and Title 9, Chapter 1, respectively, of this Code. •s� City of Yorkville CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF SEPTEMBER AS OF SEPTEMBER 30, 2002 FUND BALANCE REVENUE EXPENSE TRANSFER BALANCE General 1,274,497.49 981,246.76 425,663.01 0.00 1,830,081.24 Water 254,793.54 127,742.38 35,441.44 0.00 347,094.48 Wtr Impry Exp 2,785,128.80 38,525.31 27,306.64 0.00 2,796,347.47 Motor Fuel 275,713.73 14,164.29 30,923..96 0.00 258,954.06 Mun. Bldg. 96,060.79 6,750.00. 2,457.11 0.00 100,353.68 Sewer Maint. (91,995.30) 45,779.73 25,529.10 0.00 (71,744.67) Sanitary Sewer 883,530.30 75,935.00 0.00 0.00 959,465.30 Land Cash 248,385.65 22,213.00 2,370.00 0.00 268,228.65 Land Aquistion 74,137.00 0.00 0.00 0.00 74,137.00 Working Cash 112,322.61 174.81 0.00 0.00 112,497.42 South Sewer 10,673.50 0.00 0.00 0.00 10,673.50 Trust & Agency (492,109.12) 245,449.83 133,354.62 0.00 (380,013.91) Debt Service (181,764.94) 20,384.72 20,234.17 0.00 (181,614.39) PD Capital 18,938.63 7,700.00 0.00 0.00 26,638.63 PW Capital 76,493.38 19,799.20 5,208.00 0.00 91,084.58 Fox Indus. 292,263.45 3,921.17 164,069.04 0.00 132,115.58 TOTAL 5,637,069.51 1,609,786.20 872,557.09 0.00 6,374,298.62 M ert J. Allen reasurer