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City Council Minutes 2007 04-24-07 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, APRIL 24, 2007. 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 II Burd Present Golinski Present Ward III Bock Present Munns Absent Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Chief Martin, Director of Public Works Dhuse, Director of Park & Recreation Mogle, Community Development Director Miller, Finance Director Mika and Public Relations Officer Spies. OUORUM 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 None. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, May 15, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, May 15, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, May 1, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, May 1, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS Castle Bank Trust #8342 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Castle Bank Trust 98342, petitioner, who has filed an application with United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A -1 Agricultural to United City of Yorkville B -3 Service Business District. The real property consists of approximately 13.998 acres, located at 2200 Route 47, Kendall Township, Yorkville, Illinois. So moved by Alderman Leslie; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -6 Nays -0 Bock -aye, Spears -aye, Burd -aye, James -aye, Golinski -aye, Leslie -aye The Minutes of the Regular Meeting of the Citv Council — Anri124. 2007 — Da L22 Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Burd -aye, James -aye, Golinski -aye, Leslie -aye, Bock -aye CITIZEN COMMENTS None. CONSENT AGENDA 1. Yorkville - Bristol Sanitary District (PC 2006 -100) a. Ordinance 2007 -29 - Annexing - authorize the Mayor and City Clerk to execute, subject to staff recommendations and findings in the 4/9/07 memo from Travis Miller b. Ordinance 2007 -30 - Rezoning - authorize the Mayor and City Clerk to execute, subject to staff recommendations and findings in the 4/9/07 memo from Travis Miller 2. Cobblestone Commons South (PC 2007 -06) a. Resolution 2007 -27 - Approving the Final Plat of Subdivision — authorize the Mayor and City Clerk to execute, subject to staff comments including and legal review b. Ordinance 2007 -31 - Authorizing the Execution of an Amendment to Development/Economic Initiative Agreement - authorize the Mayor and City Clerk to execute, subject to staff comments including and legal review 3. Resolution 2007 -28 - Approving the Preliminary and Final Plat for the Re- subdivision of Lot 3 of Menard's Commercial Commons Fifth Addition (Goodwill Store) - authorize the Mayor and City Clerk to execute, subject to staff comments and legal review (PC 2007 -07) 4. State Purchase Dump Trucks — approve purchase as presented, subject to funding in Ty 07108 Budget (PW 2007 -67) 5. Fox Hill and Sunflower Estates RFP Results - award to English and Son's Landscaping as presented (PW2007 -68) 6. Grande Reserve Unit 14 - Letter of Credit Expiration — authorize City Clerk to call letter of credit unless it is renewed by June 28, 2007 (PW2007 -69) 7. Grande Reserve Unit 15 - Letter of Credit Expiration — authorize City Clerk to call letter of credit unless it is renewed by June 25, 2007 (PW2007 -70) 8. Raintree Village Unit 4 — Supplemental Letter of Credit Reduction #1 authorize reduction in an amount not to exceed $668,960.40, subject to verification that developer has no outstanding debt owed to city (PW 2007 -71) 9. Raymond Storm Sewer Outfall - Change Order 43 - authorize increase in an amount not to exceed $27,543.74 and authorize Mayor to execute (PW 2007 -72) 10. Request to Purchase Digital Scales for Truck enforcement — approve as presented Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Bock; seconded by Alderman James. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, James -aye, Golinski -aye, Leslie -aye, Bock -aye, Spears -aye MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of February 27, 2007 and the Committee of the Whole meetings of February 6, 2007 and March 6, 2007; seconded by Alderman Bock. Motion approved by a viva voce vote. PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated April 12, 2007 totaling the following amounts: checks in the amount of $566,564.49 (vendors); $217,241.99 (payroll period ending 3/31/07); for a total of $783,806.48 (total); seconded by Alderman Besco. The Minutes of the Regular Meeting of the Citv Council — ADril 24, 2007 — DaL'e 3 Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Golinski -aye, Leslie -aye, Bock -aye, Spears -aye, Burd -aye REPORTS MAYOR'S REPORT Sponsorship Recommendations Mayor Prochaska reported that the City Council has been asked by the Human Resource Commission to consider a request for a donation to the Nichols family who lost three members of their family to a fire. He encouraged members of the community to reach out and help the family. He entertained a motion to approve a recommendation for the sponsorship for the Nichols family, in care of Circle Center Grade School, in the form of a donation of the sum of $250.00 as presented. So moved by Alderman Golinski; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Leslie -aye Ordinance 2006 -38 Approving the 2007 -2008 Fiscal Budget (ADM 2007 -28) Mayor Prochaska reported that the comments and questions given to Director Mika have been worked into the budget. He noted that the Council was given a memo regarding the garbage /waste disposal service. He stated that he, Director Mika and Assistant City Administrator Olson went over the cost and reduced it to $10.93 /month. Currently it is $5.45 /month. A senior discount of $1.00 /month will also be maintained however this has been raised from $.50 /month. The City is subsidizing over $500,000.00 in order to keep the disposal fee down. He indicated that these changes do not change the bottom line of the budget. Alderman Spears asked what the total cost for the senior discount was annually. Mayor Prochaska estimated that this is about $4,900.00. Alderman Spears asked if the funds could be found so that this would not have to be increased. She indicated that the increase is due to the City Council not asking to have this included in the waste disposal contract. Mayor Prochaska stated that the thought process behind the senior increase was that all citizens are getting an increase in the cost so this would be fair to everyone, however, he did not object to the funds being found to keep this charge at $.50 /month. Alderman Spears stated that she preferred that the cost to the seniors stay the same. Alderman Burd stated that she did not feel the increase to $1.00 /month would be hurtful to anyone. She asked why the City was subsidizing the garbage disposal. Mayor Prochaska stated that historically Yorkville has done this. He indicated that this has been done for the fourteen years he has been on the Council and even before that. He explained that dollars from economic development have been used to do this. Alderman Burd stated that the Council should encourage people to have less garbage. She stated that by subsidizing the fee, she felt it encouraged people to throw out all kinds of garbage. She felt that people need to be aware to recycle more. She stated that it was her understanding that the cost increase is due to transportation costs. She stated that people need to be aware that the side effect of transporting garbage a long distance is increased cost to them. She stated that if this is what people prefer, they need to be aware of the cost. Alderman Golinski stated that he was unaware that the City subsidized the waste disposal cost. He stated that he reviewed the rates from surrounding municipalities and Yorkville still has one of the lowest rates. Alderman Golinski noted that there are only about 400 seniors taking advantage of the discount so he felt the discount should remain at $.50 /month. Mayor Prochaska indicted that if the rates were not subsidized the cost to residents would be $19.00 /month. Alderman Leslie stated he also was unaware of the subsidy. He thought this was odd and expressed his concern that as the City grows, the subsidized amount will grow. Mayor Prochaska agreed that recycling should be encouraged and noted that Yorkville is one of the better recycling communities in the area. He agreed as the City grows, the cost of the subsidy should be reviewed. Alderman James asked if there were any other services that the City subsidizes. Mayor Prochaska indicated that this was the only one. Alderman Leslie stated that the subsidy was not a savings to the residents because they either pay directly for the service or through their taxes. Mayor Prochaska reiterated that the subsidy comes from economic development dollars such as sales tax not real estate taxes. The Minutes of the Regular Meeting of the City Council — Anri124. 2007 — Dage 4 Alderman Burd indicted that these funds from economic development could be used somewhere else such as on streets. She felt that residents are more concerned with the streets than garbage. She suggested that funds should be moved around and the garbage rates should be increased "a little bit" more this year. Mayor Prochaska explained that the Council could amend the budget to address this and that the user fee is doubling this year. He asked the Council what they felt the senior discount should be. Alderman Spears indicated that she felt the senior fee should remain at $.50 /month. Alderman Burd stated that the garbage fee should be raised "a little bit more" for residents so that the seniors could still have the $.50 /month discount. Alderman James asked why the seniors were being charged anything. Mayor Prochaska stated that this was investigated at one time and that there was a reason that the seniors needed to be charged a fee however he did not recall it at this time. Aldermen Golinski and Leslie agreed the fee should be left at $.50 /month. Alderman Spears had a question on page 3 of the budget regarding Community Events. She stated that it indicated the amount of $45,200.00 however this does not correspond to the amount in the comments section. Director Mika stated that this was her error and the amount is $45,200.00. Mayor Prochaska entertained a motion to approve an ordinance approving the 2007 -2008 Budget for the United City of Yorkville, as presented, subject to final staff and legal review, and to authorize the Finance Director to insert all amounts and finalize the form of the Budget specifically pursuant to the discussion of the City Council tonight and to file the finalized budget as required by state statute. So moved by Alderman Burd; seconded by Alderman Bock. Alderman Spears indicated that she was uncomfortable approving the budget with the blanks in the document. Mayor Prochaska stated that staff could fill out the document and bring it back to the Council. Mr. Olson indicated that the bottom line of the budget has not changed and it would take him about ten minutes to fill in the figures. Mayor Prochaska entertained a motion to postpone the vote until after the Economic Development Committee report on the agenda. So moved by Alderman James; seconded by Alderman Bock. Motion to postpone approved by a roll call vote. Ayes -6 Nays -0 James -aye, Burd -aye, Spears -aye, Bock -aye, Leslie -aye, Golinski -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the watermain reconstruction on Washington and Fox Streets has been completed. The storm sewer has been run up Mill Street and the storm sewer and watermain is underway on Heustis Street. He stated that a lot of interesting pipes have been found under Heustis Street including a wood watermain. The Minutes of the Regular Meeting of the Citv Council — April 24. 2007 — na t 55 CHIEF OF POLICE'S REPORT Chief Martin reported that Sergeants Diederich and Sibenaller will be retiring this month. Also, Lieutenants Hart and Schwartzkopf are attending a training course on weapons of mass destruction in Nevada that is being paid for with funds from the state and federal government. They will be training others on this subject when they return. He reported that Officers Pleckham and Jeleniewski have completed their canine certification classes. He also reported that Lieutenant Hart graduated from his executive training course and Sergeant Delaney will be graduating from his the school of police staff and command from Northwestern University. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPOR No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that Volunteer Appreciation Day will be celebrated on May 12, 2007 at the Riverfront Park. COMMUNITY & LIAISON REPORT Kendall Elder Friendly Disaster Planning Workshop Alderman Spears reported that she and Alderman Golinski attended the Kendall Elder Friendly Disaster Planning Workshop on April 20, 2007. Many organizations had representatives at the event. Alderman Golinski stated that a program named CHUG (Collaborative Healthcare Urgency Group) was discussed. This is a cooperative arrangement between private institutions and municipalities that provides urgent response to residents who are less able to get around or who need immediate attention. School Board Meeting Alderman Burd reported that she attended the School Board meeting on May 23, 2007 where they approved the agreement between the City and School District for the use of School District facilities in exchange for providing a police officer for the high school. They also approved a contract in the amount of $81,740.00 for the resurfacing of the tennis courts. The City will be responsible for half of this cost. They also reviewed a proposal for making Yorkville Middle School a freshman center. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007- 32 Rezoning Corn Holdings, LLC (PC 2007 -08) A motion was made by Alderman Burd to approve an ordinance rezoning certain property commonly referred to as the Corn holdings property, as presented, subject to final staff and legal review; seconded by Alderman Spears. Alderman Spears asked if Director Miller was able to review the request for flex zoning. Director Miller stated that he had reviewed it and the existing zoning will remain the same. He also noted that he went over this with the petitioner. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Spears -aye, Bock -aye, Leslie -aye, Golinski -aye, James -aye Ordinance 2007 -33 Fountain View Authorizing the Execution of the Annexation Agreement (PC 2007 -11) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an Annexation Agreement with Gerald L. Hanson ( "Owner ") and DTD Investments, LLC ( "Developer "), as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Bock -aye, Leslie -aye, Golinski -aye, James -aye, Burd -aye, Prochaska -aye 1 The Minutes of the Regular MeetinLy of the Citv Council — Avri124, 2007 — na egg 6 Ordinance 2007 -34 Fountain View - Annexing (PC 2007 -11) A motion was made by Alderman Burd to approve an ordinance annexing certain property commonly known as the Fountain View commercial development in furtherance of an Annexation Agreement with Gerald L. Hanson ( "Owner ") and DTD Investments, LLC ( "Developer "), as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 Leslie -aye, Gohnski -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Ordinance 2007 -35 Fountain View - Rezoning (PC 2007 -11) A motion was made by Alderman Burd to approve an ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with Gerald L. Hanson ( "Owner") and DTD Investments, LLC ( "Developer "), as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -0 Leslie -aye, Golimki -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Ordinance 2007 -36 Fountain View Authorizing the Execution of a Development/Economic Initiative Agreement (PC 2007 -11) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of a Development/Economic Initiative Agreement with DTD Investments, LLC ( "Owner/Developer "), as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review, seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays-0 Leslie -aye, Golinski -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Ordinance 2007 -37 Greenbriar Road Parcel Authorizing the Execution of a Development/Economic Initiative Agreement (PC 2007 -16) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of a Development/Economic Initiative Agreement with DTD Investments, LLC ( "Owner/Developer "), regarding the Greenbriar Road Parcel, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Mayor Prochaska asked if the reference to utility tax was addressed and Attorney Wyeth indicated that the reference has been removed. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Leslie -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. MAYOR'S REPORT CONTINUED Ordinance 2006 -38 Approving the 2007 -2008 Fiscal Budget i (ADM 2007 -28) Mayor Prochaska noted that the City Council had received copies of the Budget with the figures filled in. The motion to approve the budget was still on the floor. Motion to approve the budget approved by a roll call vote. Ayes -6 Nays -0 James -aye, Burd -aye, Spears -aye, Bock -aye, Leslie -aye, Golinski -aye ADDITIONAL BUSINESS Call -in System Alderman Leslie asked what the status was for the new upgraded call-in system. Mr. Olson noted that it should be installed in the next several weeks. The Minutes of the Regular Meeting of the Citv Council — Anril 24, 2007 — Daee 7 Thank you Mayor Prochaska thanked everyone for sitting with him on the City Council for the past fourteen years. He stated it had been his pleasure and honor to serve the United City of Yorkville. He stated that he will always take a little time out around 7:00 p.m. on Tuesday to reflect on his years. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi - annual review of the minutes as mandated by Section 2.06. He noted that no action would be taken after the session. So moved by Alderman Leslie; seconded by Alderman Gohnski. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Leslie -aye, Bock -aye, Spears -aye, Burd -aye, James -aye The Council took a ten minute break and entered into Executive Session at 7:55 p.m. The City Council returned to regular session at 8:20 pm. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Bock. Motion approved by a viva voce vote. Meeting adjourned at 8:21 P.M. Minutes submitted by: o� Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I CITY COUNCIL MEETING April 24, 2007 i PLEASE PRINT NAME: ADDRESS: ' J7 Z A 4 A_.V� q J � Vh �d V11n slo V► roc. fr �lll� �'✓GtC'/ ie `7g ac 14 2� AA--"`r C!k 1 \ 4 L--4 - f WWI <G / L/A A&/d' e 3 c� o h N �1✓ 2/ h i�v1��e pia 1� 1 r i CITY COUNCIL MEETING Apri124, 2007 PLEASE PRINT NAME: ADDRESS: L Y�2 S$ & u.� 4 la7 l P� SIGNIN i CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS j I REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on April 24, 2007, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. I 1 I i i I D- 819407 REPO • COURT reporting service 1212 South Naper Boulevard Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 Fax 630 - 299 -5153 www.depocourt.com 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS. VALERIE BURD, Alderman; 6 MR. GARY GOLINSKI, Alderman; 7 MR. JAMES BOCK, Alderman; 8 MS. ROSE ANN SPEARS, Alderman; 9 MR. JOHN CROIS, City Administrator; 10 MR. WILLIAM POWELL, City Treasurer; 11 MS. JACQUELYN MILSCHEWSKI, City Clerk. 12 13 A P P E A R A N C E S: 14 BY: MR. JOHN JUSTIN WYETH, appeared on behalf of the United 15 City of Yorkville, Illinois. 16 17 - - - - - 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: At this time I'd 3 entertain a motion to go into public hearing for 4 the purpose of discussing Castle Bank Trust 5 Number 8342, petitioner, has filed an application 6 with the United City of Yorkville, Kendall 7 County, Illinois, requesting annexation to the 8 United City of Yorkville, rezoning from Kendall 9 County A -1 Agriculture to United City of 10 Yorkville B -3 Service Business District. 11 The real property consists of 12 approximately 13.998 acres located at 2200 13 Route 47, Yorkville, Kendall County, Illinois. 14 ALDERMAN LESLIE: So moved. 15 ALDERMAN GOLINSKI: Second. 16 MAYOR PROCHASKA: Moved and 17 seconded. May I have roll call, please? 18 MS. MILSCHEWSKI: Bock. 19 ALDERMAN BOCK: Aye. 20 MS. MILSCHEWSKI: Spears. 21 ALDERMAN SPEARS: Aye. 22 MS. MILSCHEWSKI: Burd. 23 ALDERMAN BURD: Aye. 24 MS. MILSCHEWSKI: James. I Depo Court Reporting Service (630) 983 -0030 4 1 ALDERMAN JAMES: Aye. 2 MS. MILSCHEWSKI: Golinski. 3 ALDERMAN GOLINSKI: Aye. 4 MS. MILSCHEWSKI: Leslie. 1 5 ALDERMAN LESLIE: Aye. 6 MAYOR PROCHASKA: Motion is carried. 7 We are now in public hearing. Is there someone 8 representing the petitioner? 9 WHEREUPON: 10 DANIEL J. KRAMER, 11 testified before the Yorkville City Council as 12 follows: 13 MR. KRAMER: I am, Mayor. For the 14 record, my name is Daniel J. Kramer. My address 15 is 1107A South Bridge Street, Yorkville, 16 Illinois, 60560. I am an attorney licensed to 17 practice law in the State of Illinois, and I 18 represent the Castle Bank Trust, and Jim Ratos, 19 the principal, is here tonight in the back as 20 most of you know. 21 The property, although it's a 22 fairly Plain Jane survey and annexation at this 23 point, is located on the east side of Route 47. 24 It's immediately north of the Fisher Conover Depo Court Reporting Service (630) 983 -0030 5 � 1 parcel that we annexed probably about 15 years 2 ago to the City. And then a little bit further 3 to the south would be Amurol on that side. 4 The property is annexed to the 5 City now all along both sides of Route 47, the 6 frontage is B -3, Highway Business District, and 7 that's what we're asking, excuse me, in this 8 annexation agreement, that the underlying zoning 9 on the entire parcel be B -3 Highway Business 10 District. 11 We have also asked in the 12 petition to annex, and talked with the Plan 13 Commission and received a positive recommendation 14 from last Wednesday night, on the rear of the 15 property, approximately the rear six acres, that 16 have a flex zone of R -4 General Residence 17 District, limited to 55 and older with age 18 restricted or -- or, excuse me, assisted living, 19 so that there would be no children committed to 20 the school district at all. 21 Frankly, Jim has had a number 22 of people contact him about that type of product 23 there. Long -term we show one of the potential 24 rail sites in the City Comprehensive Plan on that Depo Court Reporting Service (630) 983 -0030 6 1 Conover Fisher parcel that's immediately to the 2 south. 3 We thought if there was 4 somebody who wanted to do assisted living there, 5 might be a little bit higher rise than normal, 6 but you've got that beautiful grove of oak trees 7 in the front that could stay, so you could keep a 8 lot of common open space, and if ultimately a 9 train station was located there, that would be a 10 nice convenience for traveling and so on. 11 So the underlying zoning we are 12 proposing again is B -3. If we did get somebody 13 who would come in and do the assisted living, we 14 would come in ask for the flex zone to be in 15 effect, but it would be limited, would not be 16 townhouses or condos for general population, must 17 be either active adult age restricted to 55 or 18 assisted. So we will be happy to answer any 19 questions that the public has. 20 MAYOR PROCHASKA: Have to go to the 21 public first. Is there anybody out in the 22 audience that has any comments or questions on 23 this project? 24 (No Response) Depo Court Reporting Service (630) 983 -0030 i 7 1 MAYOR PROCHASKA: Hearing none, from 2 the Council at this time, Jason? 3 ALDERMAN LESLIE: Yeah, Dan. 4 MR. KRAMER: Yes, sir. 5 ALDERMAN LESLIE: I notice this is 6 the second flex zoning that you have brought 7 before us. Is that a trend we see? The same one 8 was in the southern corridor off of 47. 9 MR. KRAMER: Exactly. I've got to 10 tell you, it's when we're not clever enough to 11 tell you that we're sure what it's going to be. 12 We've had properties on the 13 highway that you pretty intuitively know should 14 be business, but you just don't know what's going 15 to come in behind, and, again, with the assisted 16 living, they don't really like putting them out 17 where there is nothing for the people to get to, 18 they'd rather see some businesses, so it's really 19 a device when we're just not sure. 20 ALDERMAN LESLIE: Why not use the 21 age restricted? 22 MR. KRAMER: Again, we did not want 23 to give you more townhouses, more apartments in 24 town and, frankly, from the discussion of Plan Depo Court Reporting Service (630) 983 -0030 8 1 Commission, had we not been restricted -- or the 2 age restricted and assisted living, I think they 3 would have given you a negative recommendation on 4 the flex zoning. 5 ALDERMAN LESLIE: Fair enough. 6 Thank you. 7 MR. KRAMER: You bet. 8 MAYOR PROCHASKA: Anyone else? 9 Rose? 10 ALDERMAN SPEARS: I would just like 11 to say thank you, that this is something that 12 this community really needs on the north side as 13 well. I really do hope that it goes through. 14 MR. KRAMER: Thank you. Appreciate 15 it. 16 MAYOR PROCHASKA: Anyone else? 17 (No Response) 18 MAYOR PROCHASKA: With that, I would 19 entertain a motion to close this public hearing. 20 ALDERMAN BOCK: So moved. 21 ALDERMAN SPEARS: So moved. 22 ALDERMAN SPEARS: Second. 23 MAYOR PROCHASKA: So moved and 24 seconded. Comments or questions? Depo Court Reporting Service (630) 983 -0030 9 1 (No Response) 2 MAYOR PROCHASKA: Hearing none, roll 3 call, please? 4 MS. MILSCHEWSKI: Spears. 5 ALDERMAN SPEARS: Aye. 6 MS. MILSCHEWSKI: Burd. 7 ALDERMAN BURD: Aye. 8 MS. MILSCHEWSKI: James. 9 ALDERMAN JAMES: Aye. 10 MS. MILSCHEWSKI: Golinski. 11 ALDERMAN GOLINSKI: Aye. 12 MS. MILSCHEWSKI: Leslie. 13 ALDERMAN LESLIE: Aye. 14 MS. MILSCHEWSKI: Bock. 15 ALDERMAN BOCK: Aye. 16 MAYOR PROCHASKA: Motion is carried. 17 MR. KRAMER: Thank you very much, 18 ladies and gentlemen. 19 (Which were all the 20 proceedings had in 21 the public hearing 22 portion of the 23 meeting.) 24 --- 000 - -- Depo Court Reporting Service (630) 983 -0030 10 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF LASALLE ) 3 4 I, Christine M. Vitosh, a Certified I 5 Shorthand Reporter, do hereby certify that I 6 reported in shorthand the proceedings had at the 7 hearing of the above - entitled cause and that the 8 foregoing Report of Proceedings, is a true, 9 correct, and complete transcript of my shorthand 10 notes so taken at the time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit, nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the 18 original transcript and copies thereof, signed 19 and certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 Depo Court Reporting Service (630) 983 -0030 11 1 In testimony whereof, I have 2 hereu - set my hand this day of 3 liL A.D., 2007. 4 5 6 7 9 10 Christine M. Vitosh, CSR 11 CSR No. 084 - 002883 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 12 - -- 000 - -- 9:24 10:18 certificate 10:18 device 7:19 084 - 002883 11:11 answer 6:18 Certified 10:5, 10:20 direction 10:22 1107A 4:15 anybody 6:21 certify 10:6, 10:12, discussing 3:4 13.998 3:12 apartments 7:23 10:17 discussion 7:24 15 5:1 appeared 2:15 children 5:19 District 3:10, 5:6, 2007. 11:3 application 3:5 Christine 1:8, 10:5, 5:10, 5:17, 5:20 2200 3:12 applies 10:18 11:10 4 3:13, 5:5 Appreciate 8:14 City 1:1, 1:2, 1:10, 47 4:23, 7:8 approximately 3:12, 2:9, 2:10, 2:11, 2:16, < E > 55 5:17, 6:17 5:15 3:6, 3:8, 3:9, 4:11, east 4:23 60560 4:16 ARTHUR 2:2 5:2, 5:5, 5:24 effect 6:15 7:00 1:9, 1:9 assisted 5:18, 6:4, Clerk 2:11 either 6:17 800 1:9 6:13, 6:18, 7:15, 8:2 clever 7:10 enough 7:10, 8:5 834 3:5 assume 10:20 close 8:19 entertain 3:3, 8:19 attorney 4:16 Comments 6:22, entire 5:9 audience 6:22 8:24 Exactly 7:9 <A> Aye 3:19, 3:21, 3:23, Commission 5:13, excuse 5:7, 5:18 A -1 3:9 4:1, 4:3, 4:5, 9:5, 9:7, 8:1 above - entitled 1:7, 9:9, 9:11, 9:13, 9:15 committed 5:19 10:8 common 6:8 < F > accuracy 10:21 community 8:12 F. 2:2 acres 3:12, 5:15 < B > complete 10:10 Fair 8:5 active 6:17 B -3 3:10, 5:6, 5:9, Comprehensive fairly 4:22 address 4:14 6:12 5:24 Farm 1:9 Administrator 2:9 back 4:19 condos 6:16 filed 3 :5 adult 6:17 Bank 3:4, 4:18 Conover 4:24, 6:1 first 6:21 aforesaid 10:11 beautiful 6:6 consists 3:11 Fisher 4:24, 6:1 age 5:17, 6:17, 7:21, behalf 2:15 contact 5:22 flex 5:16, 6:14, 7:6, 8:2 behind 7:15 control 10:22 8:4 ago 5:2 bet 8:7 convenience 6:10 follows 4:12 agreement 5:8 bit 5:2, 6:5 copies 10:19, 10:22 foregoing 10:9 Agriculture 3:9 BOCK 2:7, 3:18, correct 10:10 Frankly 5:21, 7:24 - ALDERMAN 2:3, 2:4, 3:19, 8:20, 9:14, 9:15 corridor 7:8 front 6:7 2:5, 2:6, 2:7, 2:8, Bridge 4:15 Council 1:1, 4 :11, frontage 5:6 3:14, 3:15, 3:19, brought 7:6 7:2 3:21, 3:23, 4:1, 4:3, BURD 2:5, 3:22, counsel 10:13, 4:5, 7:3, 7:5, 7:20, 3:23, 9:6, 9:7 10:13 < G > 8:5, 8:10, 8:20, 8:21, Business 3:10, 5:6, COUNTY 3:7, 3:9, Game 1:9 8:22, 9:5, 9:7, 9:9, 5:9, 7 :14 3:13, 10:3 GARY 2:6 9:11, 9:13, 9:15 businesses 7:18 CROIS 2:9 General 5:16, 6:16 Allegiance 3:1 CSR 11:10, 11:11 gentlemen 9:18 although 4:21 give 7:23 Amurol 5:3 < C > given 8:3 ANN 2:8 C.S.R. 1:8 < D > GOLINSKI 2:6, 3:15, annex 5:12 call 3:17, 9:3 D- 819407 1:24 4:2, 4:3, 9:10, 9:11 annexation 3:7, carried 4:6, 9:16 Dan 7:3 grove 6:6 4:22, 5:8 Castle 3:4, 4:18 Daniel 4:10, 4:14 annexed 5:1, 5:4, cause 10:8 day 11:2 Depo Court Reporting Service (630) 983 -0030 13 < H > ladies 9:18 nice 6:10 PROCHASKA 2:2, hand 10:20, 11:2 LASALLE 10:3 night 5:14 3:2, 3:16, 4:6, 6:20, happy 6:18 last 5:14 No. 11:11 7:1, 8:8, 8:16, 8:18, Hearing 3:3, 4:7, law 4:17 none 7:1, 9:2 8:23, 9:2, 9:16 7:1, 8:19, 9:2, 9:21, LESLIE 2:4, 3:14, nor 10:13,10:14, product 5:22 10:8 4:4, 4:5, 7:3, 7:5, 10:15 project 6:23 hereby 10:6 7:20, 8:5, 9:12, 9:13 normal 6:5 properties 7:12 hereto 10:18 licensed 4:16 north 4:24, 8:12 property 3:11, 4:21, hereunto 11:2 limited 5:17, 6:15 notes 10:11 5:4, 5:15 higher 6:5 little 5:2, 6:5 nothing 7:17 proposing 6:12 Highway 5:6, 5:9, living 5:18, 6:4, 6:13, notice 7:5 public 3:3, 4:7, 6:19, 7:13 7:16, 8:2 Number 3:5, 5:21 6:21, 8:19, 9:21 hope 8:13 located 3:12, 4:23, purpose 3:4 hour 1:9 6:9 putting 7:16 Long -term 5:23 < O > lot 6:8 oak 6:6 <I> older 5:17 <Q> ILLINOIS 1:2, 1:10, one 5:23, 7:7 questions 6:19, 2:16, 3:7, 3:13, 4:16, < M > open 6:8 6:22, 8:24 4:17, 10:1 M. 1:8, 10:5, 11:10 original 10:19 immediately 4:24, matter 1:7 outcome 10:16 6:1 MAYOR 2:2, 3:2, < R > interested 10:16 3:16, 4:6, 4:13, 6:20, R -4 5:16 intuitively 7:13 7:1, 8:8, 8:16, 8:18, < P > rail 5:24 8:23, 9:2, 9:16 P.M. 1:9 rather 7:18 MEETING 1:1, 1:6 parcel 5:1, 5:9, 6:1 Ratos 4:18 < J > meeting. 9 :23 parties 10:14, 10:15 real 3:11 J. 4:10, 4:14 MILSCHEWSKI 2:11, PAUL 2:3 really 7:16, 7:18, JACQUELYN 2:11 3:18, 3:20, 3:22, people 5:22, 7:17 8:12, 8:13 JAMES 2:3, 2:7, 3:24, 4:2, 4:4, 9:4, petition 5:12 rear 5:14, 5:15 3:24, 4:1, 9:8, 9:9 9:6, 9:8, 9:10, 9:12, petitioner 3:5, 4:8 received 5:13 Jane 4:22 9:14 place 10:11 recommendation Jason 2:4, 7:2 Motion 3:3, 4:6, Plain 4:22 5:13, 8:3 Jim 4:18, 5:21 8:19, 9:16 Plan 5:12, 5:24, 7:24 record 4:14 JOHN 2:9, 2:14 Moved 3:14, 3:16, please 3:17, 9:3 related 10:13, 10:14 JUSTIN 2:14 8:20, 8:21, 8:23 Pledge 3:1 Report 1:6, 10:9 MS 2:5, 2:8, 2:11, poin 4:23 reported 10:7 3:18, 3:20, 3:22, population 6:16 Reporter 10:6 < K > 3:24, 4:2, 4:4, 9:4, portion 9:22 represent 4:18 keep 6:7 9:6, 9:8, 9:10, 9:12, positive 5:13 representing 4:8 Kendall 3:6, 3:8, 9:14 potential 5:23 reproduced 10:21 3:13 POWELL 2:10 requesting 3:7 KRAMER 4:10,4:13, practice 4:17 Residence 5:16 4:14, 7:4, 7:9, 7:22, < N > pretty 7:13 Response 6:24, 8:7, 8:14, 9:17 name 4:14 principal 4:19 8:17, 9:1 needs 8:12 probably 5:1 responsibility 10:21 negative 8:3 Proceedings 1:6, restricted 5:18, < L > neither 10:12 9:20,10:7, 10:9 6:17, 7:21, 8:1, 8:2 Depo Court Reporting Service (630) 983 -0030 I 14 rezoning 3:8 townhouses 6:16, rise 6:5 7:23 Road 1:9 train 6:9 < Dates > roll 3:17, 9:2 transcript 10:10, april 24, 2007 1:8, Rose 2:8, 8:9 10:19 1:8, 1:8 Route 3:13, 4:23, 5:5 traveling 6:10 Treasurer 2:10 trees 6:6 < S > trend 7:7 school 5:20 true 10:9 Second 3:15, 7:6, Trust 3:4, 4:18 8:22 type 5:22 seconded 3:17, 8:24 Service 3:10 set 11:2 <U> Shorthand 10:6, ultimately 6:8 10:7, 10:10 underlying 5:8, 6:11 show 5:23 United 1:2, 2:15, 3:6, side 4:23, 5:3, 8:12 3:8, 3:9 sides 5:5 signed 10:19 sir 7:4 < V > sites 5:24 VALERIE 2:5 six 5:15 Vitosh 1:8, 10:5, somebody 6:4, 6:12 11:10 someone 4:7 South 4:15, 5:3, 6:2 southern 7:8 < W > space 6:8 wanted 6:4 SPEARS 2:8, 3:20, Wednesday 5:14 3:21, 8:10, 8:21, whereof 11:1 8:22, 9:4, 9:5 WHEREUPON 4:9 SS 10:2 will 6:18 STATE 4:17, 10:1 WILLIAM 2:10 station 6:9 WYETH 2:14 stay 6:7 Street 4:15 suit 10:14, 10:15 < Y > survey 4:22 years 5:1 Yorkville 1:2, 1:10, 2:16, 3:6, 3:8, 3:10, <T> 3:13,4:11,4:15 talked 5:12 testified 4:11 testimony 11:1 < Z > thereof 10:16, 10:19 zone 5:16, 6:14 tonight 4:19 zoning 5:8, 6:11, 7:6, town 7:24 8:4 Depo Court Reporting Service (630) 983 -0030 i i