HomeMy WebLinkAboutCity Council Packet 2025 06-24-25
AGENDA
CITY COUNCIL MEETING
Tuesday, June 24, 2025
7:00 p.m.
City Hall Council Chambers
651 Prairie Pointe Drive, Yorkville, IL
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Ken Koch Arden Joe Plocher Chris Funkhouser Rusty Corneils
Dan Transier Craig Soling Matt Marek Rusty Hyett
Establishment of Quorum:
Amendments to Agenda:
Presentations:
1. Introduction and Swearing-In of New Yorkville Police Department Officer – Bret Johnson
2. Data Center Presentation
Public Hearings:
1. Project Steel – Prologis (Data Center) – Annexation Agreement
Citizen Comments on Agenda Items:
Consent Agenda:
1. Bill Payments for Approval
$ 417,531.82 (vendors – FY25)
$ 3,157,396.97 (vendors – FY26)
$ 449,914.18 (payroll period ending 06/06/25)
$ 4,024,842.97 (total)
2. PW 2025-61 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc.
(Countryside Lift Station Improvements – Design Engineering) – authorize the Mayor and City Clerk
to execute
3. PW 2025-62 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc.
(2025 Stormwater Basin Inspections) – authorize the Mayor and City Clerk to execute
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
City Council Agenda
June 24, 2025
Page 2
Consent Agenda (cont’d):
4. PW 2025-63 Resolution Approving a Change Order Relating to the Eldamain Water
Main Loop – South – authorize the Mayor and City Clerk to execute
Mayor’s Report:
1. CC 2025-50 Ordinance Amending School Transition Fees
Public Works Committee Report:
1. PW 2025-50 Resolution Approving a Bid to Construct a 1,500,000 Gallon Standpipe,
Related Water Mains, and Other Site Improvements (South Receiving Station Standpipe)
2. PW 2025-51 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc.
(South Receiving Station Standpipe – Construction)
3. PW 2025-64 Resolution Approving the Release of a Performance Guarantee Bond
Related to Ashley Pointe (Prestwick) Subdivision
Economic Development Committee Report:
Public Safety Committee Report:
Administration Committee Report:
Park Board:
1. CC 2025-52 Resolution Authorizing the Purchase of Playground Equipment from Playcraft
Systems in an Amount Not to Exceed $104,150.25 (Cannonball Ridge Park)
Planning and Zoning Commission:
1. PZC 2025-05 Ordinance Approving an Amendment to the Yorkville Unified Development
Ordinance Regarding Energy Industrial Uses
City Council Report:
City Clerk’s Report:
Community and Liaison Report:
Staff Report:
Mayor’s Report (cont’d):
2. CC 2025-08 Public Works and Parks Department Facility Update
3. CC 2025-09 Lake Michigan Water Project Update
a. Ordinance Amending Water Service Rates and Charges
Additional Business:
Citizen Comments:
Executive Session:
Adjournment:
City Council Agenda
June 24, 2025
Page 3
COMMITTEES, MEMBERS AND RESPONSIBILITIES
ADMINISTRATION: June 18, 2025 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Corneils Finance Library
Vice-Chairman: Alderman Marek Administration
Committee: Alderman Koch
Committee: Alderman Funkhouser
ECONOMIC DEVELOPMENT: June 3, 2025 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Koch Community Development Planning & Zoning Commission
Vice-Chairman: Alderman Plocher Building Safety & Zoning Kendall Co. Plan Commission
Committee: Alderman Marek
Committee: Alderman Hyett
PUBLIC SAFETY: July 3, 2025 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Funkhouser Police School District
Vice-Chairman: Alderman Transier
Committee: Alderman Soling
Committee: Alderman Hyett
PUBLIC WORKS: June 17, 2025 – 6:00 p.m. – East Conference Room #337
Committee Departments Liaisons
Chairman: Alderman Soling Public Works Park Board
Vice-Chairman: Alderman Corneils Engineering YBSD
Committee: Alderman Transier Parks and Recreation
Committee: Alderman Plocher
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, June 24, 2025
7:00 PM
CITY COUNCIL CHAMBERS
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AMENDMENTS TO AGENDA:
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PRESENTATIONS:
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1. Introduction and Swearing-In of New Yorkville Police Department Officer – Bret Johnson
2. Data Center Presentation
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PUBLIC HEARINGS:
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1. Project Steel – Prologis (Data Center) – Annexation Agreement
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CITIZEN COMMENTS ON AGENDA ITEMS:
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CONSENT AGENDA:
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1. Bill Payments for Approval
□ Approved ________
□ As presented
□ As amended
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. PW 2025-61 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc.
(Countryside Lift Station Improvements – Design Engineering)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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3. PW 2025-62 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc.
(2025 Stormwater Basin Inspections)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
4. PW 2025-63 Resolution Approving a Change Order Relating to the Eldamain Water Main Loop – South
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT:
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1. CC 2025-50 Ordinance Amending School Transition Fees
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
PUBLIC WORKS COMMITTEE REPORT:
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1. PW 2025-50 Resolution Approving a Bid to Construct a 1,500,000 Gallon Standpipe, Related Water
Mains, and Other Site Improvements (South Receiving Station Standpipe)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
2. PW 2025-51 Resolution Approving an Engineering Agreement with Engineering Enterprises, Inc.
(South Receiving Station Standpipe – Construction)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
3. PW 2025-64 Resolution Approving the Release of a Performance Guarantee Bond
Related to Ashley Pointe (Prestwick) Subdivision
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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PARK BOARD:
--------------------------------------------------------------------------------------------------------------------------------
1. CC 2025-52 Resolution Authorizing the Purchase of Playground Equipment from Playcraft
Systems in an Amount Not to Exceed $104,150.25 (Cannonball Ridge Park)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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PLANNING AND ZONING COMMISSION:
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1. PZC 2025-05 Ordinance Approving an Amendment to the Yorkville Unified Development
Ordinance Regarding Energy Industrial Uses
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT (CONT’D):
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2. CC 2025-08 Public Works and Parks Department Facility Update
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
3. CC 2025-09 Lake Michigan Water Project Update
a. Ordinance Amending Water Service Rates and Charges
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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ADDITIONAL BUSINESS:
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CITIZEN COMMENTS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Presentation #1
Tracking Number
Introduction and Swearing-In of New YPD Officer – Bret Johnson
City Council – June 24, 2025
A presentation will take place.
James Jensen Chief of Police
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
The presentation was not complete at the time of packet creation. If it is completed by before the
meeting, it will be distributed via a supplemental packet prior to or at the City Council meeting.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Presentation #2
Tracking Number
Data Center Presentation
City Council – June 24, 2025
None
Informational
Bart Olson Administration
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memorandum.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Community Development
Purchasing
Police
Public Works
Parks and Recreation
Agenda Item Number
Public Hearing #1
Tracking Number
PUBLIC HEARING Project Steel (Prologis) – Annexation Agreement
City Council – June 24, 2025
Supermajority (6 out of 9)
Approval
Requests for annexation agreement for an approx. 540-acre data center campus.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
1
REQUEST SUMMARY:
Prologis, L.P., as the petitioner and contract purchaser, along with property owners Rosenwinkel Family
Trust, George Ostreko Jr. et al., Mary Auer, and Jerry G. and Marilee Foltz, is seeking approval to annex
sixteen (16) parcels totaling approximately 540 acres into the City for the development of a master-
planned, high-tech data center campus. In addition to annexation, the petitioner is requesting rezoning to
the M-2 General Manufacturing District, special use approval for a Planned Unit Development (PUD),
and approval of a Preliminary PUD Plan.
Originally planned with twenty-four (24) two-story data center building totalling over 9.5 million square
feet, the revised data center campus has a phased development plan for eighteen (18) two-story buildings
totaling approximately 6.8 million square feet with three (3) electrical substations, associated stormwater
detention basins, equipment yards, and a request for the vacation of the W. Beecher Road right-of-way.
Development is planned in three (3) phases, with each phase including six (6) data center buildings, one
(1) substation, and three (3) stormwater basins. If approved, initial construction is anticipated to begin in
the summer of 2027, with full campus buildout projected over a 20-year period. Below is the most recent
updated Preliminary PUD site plan prepared by Langan.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Sara Mendez, Senior Planner
David Hansen, Senior Planner
Date: June 18, 2025
Subject: PZC 2025-07 Project Steel – Annexation & Annexation Agreement
PUBLIC HEARING: Proposed Data Center Campus
2
PROPOSED ANNEXATION:
The subject property area for the proposed data center campus is comprised of sixteen (16)
unincorporated parcels totaling 540-acres, as detailed below:
PIN ACRES OWNER JURISDICTION
02-06-300-011 142.82
ROSENWINKEL FAMILY TRUST ET AL 501
UNINCORPORATED
02-07-100-007 55.89 UNINCORPORATED
02-07-300-002 33.24 UNINCORPORATED
02-07-400-002 34.18 UNINCORPORATED
02-07-400-003 41.97 UNINCORPORATED
02-07-400-004 36.71 UNINCORPORATED
02-08-300-004 8.27 UNINCORPORATED
02-08-100-007 82.31 UNINCORPORATED
02-18-200-002 0.19 UNINCORPORATED
02-18-200-003 2.01 UNINCORPORATED
02-07-200-010 25.40
GEORGE JR OSTREKO ET AL
UNINCORPORATED
02-07-200-001 1.24 UNINCORPORATED
02-07-200-008 52.30 UNINCORPORATED
02-07-100-008 9.89 MARY AUER UNINCORPORATED
02-06-400-005 12.48 UNINCORPORATED
02-07-200-009 1.01 JERRY G MARILEE FOLTZ UNINCORPORATED
TOTAL 539.91
3
The petitioner is requesting annexation of all sixteen (16) parcels within the subject area, with a
simultaneous request to rezone the property to the M-2 General Manufacturing District. Contiguity with
the existing City of Yorkville corporate limits is established via adjacent properties, including the
Hagemann and Bright Farms parcels to the west, Westbury South Village to the south, and the Bennett
and Yorkville Renewables Solar Farm properties, along with Westbury East Village, to the east.
Per Section 10-3-4 of the Yorkville Unified Development Ordinance (UDO), any territory annexed into
the City is initially zoned R-1 Single-Family Suburban Residential. Accordingly, the petitioner is seeking
to rezone the subject parcels directly to the M-2 District upon annexation.
VACATION OF W. BEECHER ROAD
As previously noted, the layout of the proposed data center campus will require the vacation of the
existing W. Beecher Road. This approximately 5,000-foot stretch of two-lane rural roadway lies 0.5 miles
east of Eldamain Road and intersects with Galena Road in the northwest quadrant of the proposed Project
Steel development. The road curves east at a 90-degree angle for about 1,300 feet before terminating at a
T-intersection with East Beecher Road. From there, it continues south as Beecher Road, ultimately
intersecting with Corneils Road. This underutilized, unincorporated section of roadway is currently
maintained by Bristol Township and provides access to three residential parcels owned by Jerry G. &
Marilee Foltz, George Ostreko, and Mary Auer. All three property owners are parties to the development
applications, and their homes will be demolished during construction (see map below).
Upon annexation of the subject parcels under Project Steel, jurisdiction over W. Beecher Road will
transfer to the City of Yorkville. As such, the petitioner is requesting that the city vacate W. Beecher
Road, allowing for its removal along with the residential structures mentioned above. The area will then
be redeveloped with substations, retention ponds, data center buildings, and open space as part of the
campus design. If the roadway is not vacated, Yorkville’s ordinance requires the improvement of W.
Beecher Road to current city standards, at the cost of the developer. This would significantly impact the
layout and developable area of the irregularly shaped site.
4
It is also important to note that an approximately 18-acre parcel, located immediately east of W. Beecher
Road and south of Galena Road, is proposed to contain above-ground water storage tanks as part of
Project Cardinal's data center development. Although the current residential parcels will no longer require
access to W. Beecher Road, consideration must be given to future access needs for the adjacent 18-acre
parcel, which is under contract and planned for development as part of Project Cardinal. The request to
vacate the roadway will require a separate public hearing process. Staff recommends advancing this
request through the Public Works Committee and City Council meetings, only if the annexation, PUD,
and preliminary PUD plan request are approved.
ELDAMAIN ROAD & BRIGHT FARMS RECAPTURES
In 2011, the City of Yorkville, City of Plano, and Kendall County entered into an intergovernmental
agreement regarding the future reconstruction of Eldamain Road from Menards Distribution Center north
to Galena Road (Ord. 2011-05). Kendall County agreed to bring Eldamain Road under its jurisdiction and
made roadway improvements costing $6,300,000 for that portion of the roadway. The three (3)
governmental entities agreed to equally share the improvements cost which are to be paid through
recapture agreements from future annexed properties with frontage along Eldamain Road (refer to
attached Eldamain Road Recapture Benefitted Parcels). The recapture amount is approximately ~161.00
per lineal foot of frontage along Eldamain Road. The estimated total recapture is approximately
$295,000. Below is an estimated amount of the proposed annexed parcel which is obligated to pay per the
intergovernmental agreements at time of final plat:
The Project Steel property is also subject to the Bright Farms/Corneils Road Interceptor recapture
agreement. This 2022 agreement between the City and the Bright Farms greenhouse developer on
Eldamain Road outlines the extension of sanitary sewer service to the area (see map below), including the
design, land acquisition, and construction of approximately 8,500 linear feet of sewer interceptor—at a
total estimated cost of up to $3.2 million. While Bright Farms was responsible for fronting the majority of
the project costs, the agreement includes a recapture provision allowing Bright Farms to recover
approximately $1.9 million from future properties that benefit from the infrastructure. Once a final land
plan is confirmed and a water usage estimate is completed, the City Engineer will determine the
applicable recapture fee for Project Steel.
PARCEL ESTIMATED FRONTAGE ESTIMATED RECAPTURE
02‐06‐300‐011 ~ 1,832 linear feet $294,952
TOTAL ~ 1,832 linear feet $294,952
5
COMPREHENSIVE PLAN:
The 2016 Comprehensive Plan Update designates the subject property for Project Steel as
“Estate/Conservation Residential (ECR)”. The “Estate/Conservation Residential (ECR)” is intended to
provide flexibility for residential design which will accommodate low-density detached single-family
housing. The current future land use designation reflects a holding category for parcels not likely to
develop within the 10-year horizon of the comprehensive plan’s timeline. While the land use map should
guide future land use and development and zoning decisions, it is also meant to be adjusted and changed
when circumstances warrant a change in planning direction in a given area of the City.
Overall, staff supports the proposed PUD for a data center campus, as the corridor along Eldamain
Road has been identified in the Comprehensive Plan for manufacturing development and has also
experienced a recent trend of development for M-2 land uses (specifically data centers). However,
staff would like to note the following recommendations from the Comprehensive Plan related to the
subject property:
In Figure 8.17: Eldamain Road Corridor Land Use Strategy of the Yorkville 2016 Comprehensive Plan
Update (North of the Fox River) the subject area is identified as “Zone B – Distribution (Corneils Road to
BNSF Railroad)” meaning this area is recommended for modern industrial park incorporating branding
and placemaking elements, as well as a 50’ to 100’ buffer to maintain the zone’s semi-rural visual
character. The recommended enhanced perimeter landscaping along Eldamain Road for the proposed
Preliminary Planned Unit Development Plan will accomplish this comprehensive plan goal.
ANNEXATION AGREEMENT
A draft annexation agreement has been prepared by the City Attorney, and a plat of annexation prepared
by the City Engineer is included as an exhibit to the annexation ordinance. Both documents are attached
for your review. The agreement sets forth the terms for annexing approximately 540 acres of
unincorporated land into the corporate limits of Yorkville and is contingent upon the developer closing on
the subject parcels. It also requires the approval and execution of a Planned Unit Development (PUD)
Agreement and references separate Utility Infrastructure and Development Agreements. The agreement is
binding for a period of 20 years and applies to all successors and assigns. It will only take effect upon the
6
City’s receipt of a Closing Notice confirming Prologis has acquired the property; if not executed within
three years, it will be rendered null and void.
PLANNED UNIT DEVELOPMENT (PUD)/ DEVELOPMENT AGREEMENTS
The petitioner is also pursuing approval for a Planned Unit Development (PUD) in connection with the
proposed data center campus. While this request is separate from the annexation, it includes multiple
proposed deviations from the M-2 General Manufacturing District standards to accommodate the unique
functionality and security requirements of a hyperscale data center. Notable requests include applying
setback requirements to the overall site perimeter instead of individual lots, lowering the parking ratio
with a fee-in-lieu for electric vehicle charging infrastructure, and requesting exemption from future
zoning amendments for a 20-year term. Additional modifications involve the use of private internal
roadways, limited pedestrian access due to security measures, reduced interior parking lot landscaping,
12-foot security fencing, and specialized screening for mechanical equipment. Architecturally, the
petitioner proposes using precast concrete and insulated metal panels, with upgraded façades along
Eldamain Road, Galena Road, and E. Beecher Road to meet the City’s standards for gateway corridor
development.
To help mitigate the scale and intensity of the approximately 540-acre project, staff is requesting a series
of public benefits and infrastructure commitments be secured through a separate development agreement.
These include improvements to adjacent roads and intersections, dedication of easements for future multi-
use trails, and financial contributions toward parks, school capacity, and downtown enhancement efforts.
Utility upgrades and off-site extensions may also be subject to recapture provisions. Enhanced landscape
buffering is proposed through a 100-foot-wide setback with 8-foot berms along key frontages, while
additional requirements call for thorough mechanical equipment screening, a comprehensive noise study
with long-term monitoring, limited generator testing hours, and submission of an emergency operations
plan coordinated with local first responders. Collectively, these measures are designed to align the project
with city infrastructure goals while minimizing impacts to nearby residents.
COMMUNITY MEETING:
In accordance with Section 10-8-13-B-1-a of the Unified Development Ordinance, the Plan Council may
recommend that the petitioner hold a community meeting with nearby property owners to present the
proposed Annexation, Rezoning, and Planned Unit Development (PUD). This meeting, conducted at the
petitioner’s expense and at a location of their choosing, is intended to inform residents and gather input
prior to the Planning and Zoning Commission public hearing.
Given the scale and intensity of the proposed data center campus, City staff has required the petitioner to
engage directly with neighboring homeowners along Eldamain Road, E. Beecher Road, and Corneils
Road, as well as residents of the Caledonia subdivision located approximately 0.5 miles southeast of the
project site prior to the Planning and Zoning Commission (PZC) public hearing. A meeting is planned
with the residents in the month of July. Feedback gathered from residents at that meeting will be provided
by the petitioner at the hearing.
STAFF COMMENTS:
The petitioner is requesting annexation of the subject property into the United City of Yorkville, along
with a rezoning to the M-2 General Manufacturing District. Per the terms outlined in the draft annexation
agreement, the annexation is contingent upon the approval of both the rezoning and the Planned Unit
Development (PUD) associated with the proposed data center campus. City staff is in support of the
annexation, as it aligns with the continued industrial development momentum along the Eldamain Road
corridor and aids in closing unincorporated “gap” areas within Yorkville’s boundaries—promoting more
cohesive growth and enabling the City to guide high-quality development in a strategic and coordinated
manner.
7
Attachments:
1. Draft Annexation Agreement
2. Draft Plat of Annexation prepared by EEI, Inc.
3. Copy of Petitioner’s Application for Annexation dated March 14, 2025
4. Legal Descriptions prepared by Langan Engineering
5. Project Steel Narrative prepared by Gregory W. Jones, attorney, Ancel Glink dated March 14, 2025
6. Revised Preliminary PUD Site Plan dated 05/16/2025 submitted by Prologis and prepared by Langan
Engineering.
7. Revised Conceptual Landscape Plan dated 05/16/2025 submitted by Prologis and prepared by Langan
Engineering.
8. Architectural Renderings submitted by Prologis
9. Public Hearing Notice
10. Plan Council Packet Materials 04-24-2025
STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
ANNEXATION AGREEMENT
This Annexation Agreement (hereinafter
(“Agreement”), is made and entered into this
day of 2025, by and between
the United City of Yorkville, a municipal
corporation, hereinafter referred to as "City" and
Prologis, L.P., hereinafter referred to as
''Developer".
WITNESSETH:
WHEREAS, the Developer is contract purchaser of the real property, which is legally
described in Exhibit A attached hereto, consisting of approximately 540 acres, more or less (the
"Subject Property"); and
WHEREAS, it is the desire of the Developer to provide for the annexation of the Subject
Property and to use the Subject Property in accordance with the terms of this Agreement, a Planned
Unit Development Agreement, attached hereto as Exhibit B (the “PUD Agreement”) and the
ordinances of the City; and, to provide that when annexed, the Subject Property is to be zoned as
M-2 General Manufacturing District with a special use for a Planned Unit Development (the
“PUD”) as set forth in the PUD Agreement; and
WHEREAS, it is the desire of the Mayor and City Council (the "Corporate Authorities")
to annex the Subject Property and permit the zoning and the PUD, all being pursuant to the terms
and conditions of this Agreement and the ordinances of the City; and
WHEREAS, Developer and City have or will perform and execute all acts required by
law to effectuate such annexation; and
WHEREAS, all notices and publications as required by law relating to the zoning of the
Subject Property and the Agreement have been published and given to the persons or entities
entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code (the
"Municipal Code"); and
WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the City has duly held all public
hearings relating to zoning, all as required by the provisions of the City's Unified Development
Ordinance and the Municipal Code (the "Municipal Code"); and
2
WHEREAS, the Developer and City agree that upon Annexation to the City the Subject
Property shall be placed in the M-2 General Manufacturing District and that a special use for a
Planned Unit Development shall be granted in conformance with the PUD Agreement; and
WHEREAS, in accordance with the powers granted to the City by the provisions of
Section 11-15.1-1 et seq. of the Municipal Code (65 ILCS 5/11-15.1-1 et seq.), relating to
Annexation Agreements, the parties hereto wish to enter into a binding Agreement with respect
to the future annexation, zoning and development of the Subject Property and to provide for
various other matters related directly or indirectly to the annexation and use of the Subject Property
during the term of this Agreement as authorized by the provisions of said statutes.
NOW THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the City and the Developer agree as follows:
Section 1. Incorporation of Preambles and Exhibits.
The Preamble set forth above and all Exhibits attached hereto are incorporated herein as if
fully set forth in this Section 1.
Section 2. Annexation.
The Developer has filed with the City Clerk a duly and properly executed petition
pursuant to, and in accordance with, the provisions of Section 5/7-1-1 et seq. of the Illinois
Municipal Code to annex the Subject Property and any adjacent roadways not previously annexed
to the City of Yorkville. Contemporaneously with the approval of this Agreement the City shall
adopt an ordinance annexing the Subject Property, which annexation shall be conditioned upon
the City’s receipt of the Closing Notice as provided in Section 9.
Section 3. Conditions of Annexation.
A. The City hereby agrees, contemporaneously with annexation, the City shall undertake
procedures as required by the City's Unified Development Ordinance to rezone the
Subject Property as M-2 General Manufacturing District and grant a special use permit
for a Planned Unit Development consistent with the PUD Agreement. The rezoning and
PUD approval shall be adopted to become effective upon the receipt of the Closing
Notice as provided in Section 9.
B. The Planned Unit Development established pursuant to the terms of the attached PUD
Agreement shall be recorded against and run with the land, and shall be binding upon and
inure to the benefit of the Parties to this Agreement and to all subsequent owners and
assignees. Termination of the Planned Unit Development shall require the adoption of an
Ordinance Rescinding the Planned Unit Development by an affirmative vote from City
Council.
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C. Developer shall be required to submit any and all plans for review and approval by the
City Council prior to commencing any construction, grading or other work on the Subject
Property. No building or other permits shall be issued by the City regarding the Subject
Property, nor shall any construction commence on the Subject Property without first
obtaining approval from City Council under this Section 3(D).
D. Prior to the issuance of any building permits, Developer shall be required to enter into a
Utility Infrastructure Agreement, a Development Agreement, and a Planned Use
Development Agreement with the City for the Subject Property, all of which shall be
effective upon receipt of the Closing Notice as provided in Section 9.
Section 4. Binding Effect and Term.
This Annexation Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns including, but not limited to, successor Developers of record,
successor developers, lessees, and successor lessees, and upon any successor municipal authority
of the City and the successor municipalities for a period of twenty (20) years from the later of the
date of execution hereof and the date of adoption of the ordinances pursuant hereto.
Section 5. Remedies.
Upon a breach of this Agreement, the parties hereto agree that the venue shall be the Circuit
Court of Kendall County. It is further understood by the parties hereto that upon breach of this
Agreement the non-defaulting party may exercise any remedy available at law or equity.
A. Before any failure of any party of this Agreement to perform its obligations under this
Agreement shall be deemed to be a breach of this Agreement, the party claiming such
failure shall notify, in writing, by certified mail/return receipt requested, the party
alleged to have failed to perform, state the obligation allegedly not performed and the
performance demanded.
B. In the event of a material breach of this Agreement, the Parties agree that the defaulting
Party shall have thirty (30) days after notice of said breach to correct the same or
diligently commence to cure said breach prior to the non-breaching Party’s seeking of
any remedy provided for herein. However, any breach by Developer reasonably
determined by the City to involve health or safety issues may be the subject of
immediate action by the City without notice of thirty (30) day delay. In no event shall
the City or its officers, employees, or agents be held liable for monetary damages.
C. In the event the performance of any covenant to be performed hereunder by Developer
or the City is delayed or prevented by causes beyond the reasonable control of the party
responsible for such performance (including, without limitation: acts of God; inclement
weather; strikes or labor disputes; material shortages; supply chain disruptions;
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lockouts; delays in delivery of equipment or materials; delays in the provision of electric
utility or transmission interconnections or capacity; regulatory changes or moratoria;
governmental actions; changes in law; pandemics or public health emergencies; or any
similar event), the time for such performance shall be extended by the period of such
delay.
Section 6. Notices
Notices and communications to Developer shall be addressed to, and delivered at, the
following addresses:
JC Witt
Prologis, LP
6250 N. River Road, Suite 1100
Rosemont, Illinois 60018
With a copy to:
Greg Jones
Ancel Glink, P.C.
140 South Dearborn Street, Suite 600
Chicago, Illinois 60603
Notices and communications to the City shall be addressed to and delivered at these addresses:
United City of Yorkville
651 Prairie Pointe
Yorkville, Illinois 60560
Attn: City Administrator
With a copy to:
Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
1804 N. Naper Blvd., Ste. 350
Naperville, Illinois 60563
Attn: Attorney Kathleen Field Orr
Section 7. Agreement to Prevail over Ordinances.
In the event of any conflict between this Agreement and any ordinances of the City in
force at the time of execution of this Agreement or enacted during the pendency of this Agreement,
the provisions of this Agreement shall prevail to the extent of any such conflict or inconsistency.
Section 8. Provisions.
If any provision of this Agreement or its application to any person, entity, or property is
held invalid, such provision shall be deemed to be excised here from and the invalidity thereof
shall not affect the application or validity of any other terms, conditions, and provisions of this
Agreement and, to that end, any terms, conditions, and provisions of this Agreement are
declared to be severable.
Section 9. Closing Notice.
The Parties acknowledge that as of the date of approval of this Agreement, Developer
is the contract purchaser of the Subject Property. At the time the City Council approves this
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Agreement, the Annexation Ordinance and all entitlement approval ordinances approved
herewith shall be held by the City until such time as Developer or its assign takes title to the
Subject Property as hereafter provided. To this end, this Agreement, the Annexation
Ordinance and all entitlement ordinances shall become effective as of the date of recording
of this Agreement (the “Effective Date”). This Agreement, the Annexation Ordinance and all
entitlement ordinances shall not be filed or recorded unless Developer or its assignee takes
title to the Subject Property. This Agreement may be executed by the Developer within three
(3) years of the date of the ordinance approving this Agreement. In the event Developer does
not execute the Agreement within such three-year period, then this Agreement, the
Annexation Ordinance and all entitlement ordinances shall be null and void. The City Clerk
shall cause the Agreement to be recorded against the Subject Property only after receipt of
notice (“Closing Notice”) that the Developer or its assignee has acquired the Subject Property.
If the City Clerk does not receive a Closing Notice dated prior to said three-year period, then
this Agreement shall be null and void, and the City Clerk shall not thereafter record the
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Annexation
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
municipal corporation
By:
Mayor
Attest:
City Clerk
PROLOGIS L.P.
By:
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GALENA
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ELDAMAIN ROAD02-06-300-011
02-07-100-007
02-07-300-002
02-07-400-00202-07-400-00202-07-400-00302-07-400-00402-08-300-00402-08-100-007
02-18-200-002 02-18-200-00302-07-200-01002-07-200-001
02-07-200-008
02-07-100-008 02-06-400-00502-07-200-009
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CORNEILS ROAD SUGA
R G R O V E, IL.MARK G SCHE
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ER035-003581
PROFESSIONAL
LAND
SURVEYOR
STATE OF
ILLINOIS
PAGE 1 OF 1
PLAT OF ANNEXATION
Engineering Enterprises, Inc.
PLAT OF ANNEXATION
UNITED CITY OF YORKVILLE
651 PRAIRIE POINT DRIVE
YORKVILLE , IL 60560
TO THE UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
Attachment 1
Annexation Territory
02-06-300-011: No address.
02-07-100-007 No address.
02-07-300-002 No address
02-07-400-002 No address
02-07-400-003 No address
02-07-400-004 No address
02-08-300-004 No address
02-08-100-007 No address
02-18-200-002 No address
02-18-200-003 No address
02-07-200-010 No address
02-07-200-001 1128 Beecher Rd W Bristol, IL 60512
02-07-200-008 No address
02-07-100-008 1327 Beecher Rd W Bristol, IL 60512
02-06-400-005 No address
02-07-200-009 1010 Beecher Rd W Bristol, IL 60512
UNITED CITY OF YORKVILLE
PETITION FOR ANNEXATION
Pursuant to and in accordance with Section 7-1-8 of the Illinois Municipal Code, 65 ILCS
5/7-1-8, the undersigned Petitioners seek to annex certain territory to the United City of Yorkville,
Illinois (“City”) and in furtherance thereof, state as follows:
1. The Petitioners signing this Petition constitute all of the owners of record of the
property described in Attachment 1 to this Petition (“Annexation Territory”).
2. There are either (i) no electors residing in the Annexation Territory or (ii) at least
51% of the electors residing in the Annexation Territory have joined this petition as evidenced by
their signatures to this Petition.
3. As of the date of this Petition, the Annexation Territory is not within any other
municipality and is wholly unincorporated.
4. The Annexation Territory is contiguous to the corporate limits of the City.
5. The Petition conforms in form and substance to the requirements of Section 7-1-8
of the Illinois Municipal Code, 65 ILCS 5/7-1-8.
6. The Petitioners desire that the Village annex the Annexation Territory to the City
conditioned upon Rosenwinkel, Schultz, Auer and Foltz Properties or its assign, and the City
entering into a mutually acceptable annexation agreement to govern the terms and conditions of
the annexation and development of the Annexation Territory.
WHEREFORE, the Petitioners respectfully request that the Village annex the Annexation
Territory to the City in accordance with and pursuant to Section 7-1-8 of the Illinois Municipal
Code.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 0D0570EC-33F1-485F-9495-3CBCAABC4362
Petitioner Signatures
(Owners of Record)
The undersigned certifies that he/she has read the foregoing Petition for
Annexation, has knowledge of the allegations contained therein, is an owner of record of
land within the Annexation Territory, and that the allegations are true and correct to the
best of his/her knowledge:
Owner’s Name Owner’s Address/PIN Owner’s Signature
___________________ ________________________ _______________________
___________________ ________________________ _______________________
___________________ ________________________ _______________________
___________________ ________________________ _______________________
____________________________________________________________________________
(Electors, if any)
The undersigned certifies that he/she has read the foregoing Petition for
Annexation, has knowledge of the allegations contained therein, is an elector residing
within the Annexation Territory, and that the allegations are true and correct to the best of
his/her knowledge:
Elector’s Name Elector’s Address/PIN Elector’s Signature
___________________ ________________________ _______________________
___________________ ________________________ _______________________
___________________ ________________________ _______________________
___________________ ________________________ _______________________
02-07-100-008
02-06-400-005
1327 W. Beecher Rd.
Plano, IL 60545 Estate of Mary C. Auer,
Crystal Jernigan,
Independent Administrator
AUER
Docusign Envelope ID: 0D0570EC-33F1-485F-9495-3CBCAABC4362
Attachment 1
Annexation Territory Legal Description
Rosenwinkel Parcels:
02-06-300-001
02-07-100-007
02-07-300-002
02-07-400-002
02-07-400-003
02-07-400-004
02-08-300-004
02-08-100-007
02-18-200-002
02-18-200-003
Schultz Parcels:
02-07-200-010
02-07-200-001
02-07-200-008
Auer Parcels:
02-07-100-008
02-06-400-005
Foltz Parcel:
02-07-200-009
Docusign Envelope ID: 0D0570EC-33F1-485F-9495-3CBCAABC4362