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City Council Minutes 2007 10-09-07 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, OCTOBER 9, 2007. Mayor Burd called the meeting to order at 9:21 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward I Leslie Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutchff Present Ward IV Besco Present Spears Present Also present: Deputy Clerk Pickering, City Treasurer Powell, Interim City Attorney Roth, City Administrator McLaughlin, Finance Director Mika, Police Chief Martin, Director of Parks & R ecreation Mogle, Community Development Director Miller, City Engineer Wywrot, and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd made the following amendments: Remove from the agenda the following items: Mayor 41 — Request for Sponsorship for Yorkville Big Band, Mayor 4 4 — Ordinance Vacating Sleepy Hollow Road, and Mayor 4 5 - Proposed Montgomery Boundary Agreement Move Public Works 41— In -Town Road Program — Fox Street Storm Sewer to the consent agenda. So moved by Alderman Besco; seconded by Alderman Munns. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, November 6, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, October 16, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, November 6, 2007 City Hall Council Chambers Public Safety Committee 6:00 P.M., Tuesday, October 16, 2007 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Charles and Jacquelyn Briguglio Charles and Jacquelyn Briguglio, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from Kendall County R -3 One Family Residence District to United City of Yorkville R -1 One Family The Minutes of the Regular Meeting of the Citv Council — October 9, 2007 — nage 2 Residence District. The real property consists of approximately 1.1 acres, located at 10940 River Road. Kendall County, Illinois Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Werderich; seconded by Alderman Besco. Motion approved unanim ously by a viva voce vote. 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 Burd entertained a motion to close the public hearing. So moved by Alderman Leslie; seconded by Alderman Werderich. Motion approved unanimously by a viva voce vote. B & P Properties, Inc. B & P Properties, Inc., an Illinois Corporation, petitioner, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville M -1 Limited Manufacturing District to United City of Yorkville PUD Planned Unit Development to allow for uses permitted in the R -3 General Residence District. The real property consists of approximately 14.325 acres, located at south of Corneils Road and west of Caledonia Drive and the Caledonia subdivision, Yorkville. Illinois. Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Werderich; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. 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. 1 Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Munns; seconded by Alderwoman Spears. Motion approved unanimously by a viva voce vote. CITIZEN CONEWENTS Fred DuSell, resident of Ward 2, expressed his concerns with the concept of sponsoring the Yorkville Big Band. As a resident and taxpayer of the city he feels that the city is stepping out of the realm of what its' responsibility is to its' citizens. He takes exception as a taxpayer that the city would use taxpayer funds towards a private enterprise like this. He brought up the example of his homeowners assocation that has traditionally paid for the park permits in order to put together a homeowners association and neighborhood party in the summer which offers the children public education from the police and fire departments. He thinks that the city council is exploring an avenue that favors one group of residents over another. He feels that they are going to open a real can of worms if they allow this group to use the Beecher Center which is a public facility. If other groups want to use the facility, council will need to treat them the same. He feels that the city council needs to research this better. CONSENT AGENDA 1. Rob Roy Creek Interceptor (North Branch 1) — Change Order #3 — authorize increase in an amount not to exceed $1,984.36 and Mayor to execute (PW 2007 -145) 2. 116 -118 Washington Street — Plat of Easement authorize Mayor and City Clerk to execute (PW 2007 -146) 3. Bid Opening Result for Vehicles and Equipment — approve bids as presented (PW 2007 -148) 4. Resolution 2007 -53 - IDOT Highway Permit #1 and Resolution - Fountainview — authorize Mayor and City Clerk to execute, subject to IDOT approval (PW 2007 -150) 5. Monthly Treasurer's Report for August 2007 (ADM 2007 -80) 6. Ordinance 2007 -65 - Amending City Code Regarding Mechanical Amusement Device Licenses — authorize Mayor and City Clerk to execute (ADM 2007 -77) 7. Ordinance 2007 -66 - Amending City Code regarding Dutch Elm Disease — authorize Mayor and City Clerk to execute (PW 2007 -121) 8. In -Town Road Program — Fox Street Storm Sewer — approve change order #2 in an amount not to exceed $4180.00 and authorize City Administrator to execute (PW 2007 -152) The Minutes of the Regular MeetinL7 of the Citv Council — October 9, 2007 — naLm 3 Mayor Burd entertained a motion to approve the Consent Agenda as amended_ So moved by Alderman Leslie; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munn -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL _ Community Development Director Miller stated that the next Plan Commission meeting is October 10, 2007 at 7:00 p.m. Mayor Burd reminded everyone that there is an opening on the Zoning Board of Appeals and she is taking names of anyone who would be interested on serving on this board. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of September 11, 2007 and the minutes of the Committee of the Whole meeting of September 11, 2007; seconded by Alderman Werderich. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated October 4, 2007 totaling the following amounts: checks in the amount of $819,177.05 (vendors); $249,528.62 (payroll period ending 9/29/07); for a total of $1,068,705.67; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -1 Plocher -aye, Spears -nay, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Leslie -aye, Munns -aye REPORTS MAYOR'S REPORT Ordinance 2007 -67 Annexing Welles Property (COW 2007 -32) Mayor Burd entertained a motion to approve an Ordinance Annexing Territory to the United City of Yorkville commonly known as the Welles Property, as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Sutcliff -aye, Munn -aye, Spears -aye, Plocher -ave, Werderich -aye, Golinski -aye, Besco -ave, Ordinance 2007 -68 Annexing Pobol Property (COW 2007 -33) Mayor Burd entertained a motion to approve an Ordinance Annexing Territory to the United City of Yorkville commonly known as the Pobol Property, as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review; so moved by Alderwoman Spears; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -7 Nays -1 Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, - Werderich -aye, Golinki -aye, Besco -nay, Leslie -aye Vacation of Sleepy Hollow Road (COW 2007 -34) Mayor Burd entertained a motion to table the Ordinance Vacating a Portion of Sleepy Hollow Road to the next City Council meeting. So moved by Alderman Leslie; seconded by Alderman Plocher. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the City Council — October 9. 2007 — uage 4 CITY COUNCIL REPORT None. 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 Director Mika reported that auditors were working on the draft of the audit. It will be distributed soon. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Martin reported that they had received 139 applications for police officers. They will be holding the physical and written test on Saturday, November 10. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported on the Adventure Race which was held last Saturday. There were 12 teams which participated with four people on each team. The event requires canoeing, running, bicycling, and team building. Director Mogle also reported that he had received a communication from the State of Illinois regarding the second phase of the dam project. They are looking at 13 -18 months construction time before the second phase will be completed. Director Mogle informed council that he had received word from IDNR regarding the grant proposal for Raintree Park B. On Thursday, Ocotber I e staff will be going to Springfield to do a presentation. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Alderman Munns reported that the YEDC board meeting is tomorrow. Alderman Golinski reported that he attended the Cable Consortium meeting last Thursday. Second quarter billings have been sent out to municipalities. This is the rebate that he mentioned awhile back. They were talking about rebating this back to the municipalities. The board decided to hold off on discussion of any rebates until they do a three to five year budget projection to look at some of the capital equipment costs and make sure that it is in the consortium's best interest to rebate these funds. Now that we have 4 -5 years of history with the consortium we have enough numbers to do a projection of the next 3 -5 years. On another note, Alderman Golinski mentioned that the producer's class has also filled up. This is one of the earliest times that this class has filled. FVTV has such a good reputation within public access circles that we have a lot of people coming to take the producer's class from other municipalities. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. The Minutes of the ReEular MeetinLy of the Citv Council — October 9, 2007 — nage 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2007- 69 Amending Governing Ordinance 2007 -53 Regarding Committee Liaisons A motion was made by Alderwoman Munns to approve an Ordinance Amending Ordinance 2007 -53 (Governing Ordinance) of the United City of Yorkville, as presented; seconded by Alder Spears. Mayor Burd asked for any comments or questions. Alderman Werderich wanted it noted that he wanted to re- iterate the comments that he had made earlier at the Committee of the Whole meeting. So noted. Mayor Burd wanted to go on record as saying that she is not in favor of this change. She thinks that these committees were formed to provide information to the City Council and that is their sole purpose. They were not created to give any kind of perks to any individual aldermen. She doesn't think that the chairmen should have any special powers beyond running the meeting. She feels the City Council aldermen get their power as a group and as a group they need to learn to get along with each other and to work to get consensus. It is not a consensus when you have one alderman dictating any kind of positions to any other alderman. She feels this is a backwards step for us. Mayor Burd thinks that it was a good thing the way it was written because she wrote it or She would like to see this go along for awhile and not have these kind of changes made. Alderman Munns commented that part of the discussion was that the committee ch airman would do their best job for the good of the city to appoint liaisons and not use it as a personal thing to anybody. Alderman Gohnski commented that it's not that big of a deal, it's just a simpler way to go. Alderman Besco stated that when they passed the Governing Ordinance, everyone acknowledged that it was a work in progress. It was not set in stone. They knew that it would be amended from time to time, which is always the right of the council to do. As far as he is concerned, the recommendation came out of committee three to one, so he has to value that. There were no further comments or questions. Motion approved by a roll call vote. Ayes -5 Nays -3 Besco -aye, Leslie -aye, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -nay, Werderich -nay, Golinski -aye ADDITIONAL BUSINESS Alderman Munns wanted to make a comment about the fact that he had been quoted in the Beacon News today. He said when aldermen talk to reporters, he would like the reporters to take the whole comment and put it in like they said it and not just pick out little pieces to make it sound more juicy than it has to be. His whole comment was if it does get overturned by the Pollution Control Board and we end up with something sited there that originally was wanted, then he wants the City of Yorkville to have control over the operational issues of a potential use that might go there if they win the appeal. He said that the newspaper chose to print just a little bit of what he actually said. He said that he has nothing personally against anybody. For legal purposes, he just wanted to clear up what he actually had said. Alderman Werderich commented that he was approached by a resident in his ward who was concerned about the speeds that people are traveling on Route 71 between 126 and 47. He feels that the reason that it has come up is now that 126 is closed, there is increased traffic on 71 between 126 and 47. Chief Martin will look into it. Alderman Besco asked if Alderman Spears was still working on the visitability ordinance. Alderman Spears stated that they were still working on it. Alderman Plocher asked for an update on Sunny Valley. Mayor Burd responded that they are meeting with the developers on Tuesday. The Minutes of the Regular Meeting of the Citv Council — October 9. 2007 — Mee 6 EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the purpose of discussing: 1. The purchase or lease of real property for the use of the public body. 2. For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting So moved by Alderman Werderich; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Leslie -aye, Munns -aye, Plocher -aye The City Council adjourned into executive session at 10:06 p.m. The City Council returned to regular session at 11:21 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 11:22 P.M. Minutes submitted by: �1 Lisa Pickering, Deputy City Clerk City of Yorkville, Illinois PLEASE SIGN IN MEETING: C'OM44 / Vr-r- of ` le-- k1h - �� C l C ()U 41C I L DATE: NAME BUSINESS I ESS PHONE # V&s r d C' 63o- Ss 3 - 7 c f /7 z (,_3o-882- ? �Y i 1 I� 1 1 1 1 PLEASE SIGN IN MEETING: CCI'li(U (7 - fEF— l ty (bUAClb DATE: 10- 1 NAME BUSINESS PHONE # X-e 4 W 1 k� ss3- 2- A I 1 1 i 1 7 &.,61 We c 0 66 L , .1 CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on October 9, 2007, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. I I I i REPO COURT reporting service 1212 South Naper Boulevard • Suite 119 -185 -'Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -51'51 2 1 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. JASON LESLIE, Alderman; 4 MR. MARTY MUNNS, Alderman; 5 MR. JOSEPH BESCO, Alderman; 6 MR. GARY GOLINSKI, Alderman; 7 MS. ROSE ANN SPEARS, Alderman; 8 MR. WALLY WERDERICH, Alderman; 9 MR. ARDEN JOE PLOCHER, Alderman; 10 MS. ROBYN SUTCLIFF, Alderman; 11 MR. BRENDAN McLAUGHLIN, City Administrator; 12 MR. WILLIAM POWELL, City Treasurer; 13 MS. LISA PICKERING, Minute Taker. 14 15 A P P E A R A N C E S: 16 BY: MR. MICHAEL ROTH, appeared on behalf of the United 17 City of Yorkville, Illinois. 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR BURD: Motion to go into the 3 first public hearing for Charles and Jacqueline 4 Briguglio, petitioners. 5 ALDERMAN WERDERICH: So moved. 6 ALDERMAN BESCO: Second. 7 MAYOR BURD: Moved and seconded. 8 Any comments or questions? i 9 (No Response) i 10 MAYOR BURD: All in favor? 11 (A Chorus of Ayes) 12 MAYOR BURD: All against? 13 (No Response) 14 MAYOR BURD: Okay. We have -- 15 Petitioners have filed an application with the i 16 United City of Yorkville requesting annexation to 17 the United City of Yorkville and rezoning from 18 Kendall County R3 One- Family Residence District 19 to United City of Yorkville R1 One - Family i 20 Residence District. 21 And this is -- The real 22 property consists of approximately 1.1 acres 23 located at 10940 River Road, Kendall County, 24 Illinois, and I believe their attorney is Depo Court Reporting Service (630) 983 -0030 4 1 present. 2 WHEREUPON: 3 DANIEL J. KRAMER, % 4 testified before the Yorkville City Council as 5 follow: 6 MR. KRAMER: I am. For the record, 7 Daniel J. Kramer representing the petitioners. 8 My address is 1107A South Bridge Street, 9 Yorkville, Illinois. 10 As the agenda says tonight, 11 this is a 1.1 acre parcel. It's located on the 12 south side of River Road. The home is already in 13 existence. 14 The Briguglios have entered 15 into annexation that's we've proposed to the 16 City; we've got four signed copies of it. All i 17 Staff recommendations have been filed for the 18 annexation agreement. 19 We have had our public hearing 20 before the Plan Commission and they unanimously 21 recommended annexation to the City. 22 We are happy to answer any 23 questions if the Council has any. We had 24 neighbors at the first public hearing Plan Depo Court Reporting Service (630) 983 -0030 5 1 Commission. Their only question to us was by us 2 annexing, was it going to force them into the 3 City, and we indicated clearly not, and that was 4 about the only issue that came up, so with that, 5 I'll be quiet and see if there is any questions 6 from the audience or Council. 7 MAYOR BURD: Any questions from the 8 audience? Sir. I 9 MR. RUANE: Do you want me to come i 10 up? 11 MAYOR BURD: Yes. Would you please 12 come up and identify yourself once again? 13 WHEREUPON: 14 TOM RUANE, 15 testified before the Yorkville City Council as 16 follows: 17 MR. RUANE: Good evening. My name 18 is Tom Ruane. I am the owner of Lot 1. There's 19 three lots in this Meyers' subdivision and I am 20 the unbuilt lot, and Mike Doles, who also wants 21 to comment after myself, is the owner of the 22 third lot. The Briguglios are Lot 2. 23 We are kind of confused because i 24 in our agreements when we bought the property, it Depo Count Reporting Service (630) 983 -0030 i 6 1 was in the subdivision agreement that if one lot 2 annexed, the other two would have to annex. 3 That's part of the subdivision agreement made Pi 4 with the county or whatever. You might be able 5 to tell me different. 6 My concern is, Mr. Kramer had 7 said that there was public comment from the 8 neighbors that they would have to annex. I 9 wasn't there and Mike wasn't there, so I don't 10 know what public comments those were. 11 I wasn't made aware of that 12 first Planning Commission meeting, I never 13 received a registered letter or anything, and I 14 am directly adjacent to this property. 15 My main concern is the 16 reasoning for this annexation; the Briguglios are 17 there -- they are selling -- they are currently 18 selling their house, so there is no real vested I 19 interest on their end except for monetary gain. a 20 My concern is for problems that 1 21 can occur because of the logistics of the site; 22 mainly, any issues that would arise for myself. 23 Me and my wife do intend on building on this lot, 24 and the biggest issue with the annexation and us Depo Court Reporting Service (630) 983 -0030 7 1 possibly annexing into Yorkville would be the 2 logistics of the sewer and water. We would have 3 to put in what's called a lift station to hook up 4 to a sewer that's on the north side of River 5 Road. 6 Our invert elevation would be 7 40 feet below the invert of the sewer on the 8 other side of River Road; that in itself would be 9 about a $50,000 cost to us as a homeowner just 10 for the sewer. There is no water there yet. 11 Right now everyone else that's there is well and 12 septic and they grab and feed with the habitats 13 down the river. 14 The other issue would be the i i 15 other ordinances that would come with annexation 16 such as open burning. You know, no one is i 17 looking to start a forest fire, but I don't know 18 if anyone has noticed, it's all forest. It's 19 very pretty through there. Even the group, the 20 Briguglios, had said that they burn their sticks I 21 that fall from the trees. That we could not do 22 if we were annexed into Yorkville. 23 We have to take all that 24 material and push it up to the street and make Depo Court Reporting Service (630) 983 -0030 8 1 huge piles, and the village would have to take 2 care of that. It would be a burden on the 3 village, it would be a burden on the residents 4 that would be there. 5 I see no real advantage of 6 annexing in this property. It's not really 7 contiguous with anything per se, literally 8 touching another piece that is annexed, except 9 for the river I think, you know, and that's -- 10 the next subdivision is on the south side of the 11 river, so there's really no advantage for this 12 annexation at all. 13 I just see some problems coming 14 up, and I know, you know, my word doesn't carry 15 as much weight because I don't live here, but I 16 intend on living here. I've always -- you know, 17 it's a beautiful piece of property, and, you 18 know, once my wife and I get our personal 19 finances in line, we've been saving to build our 20 dream house there, and this would really throw a 21 stick in the spokes. 22 I'd ask you to consider not 23 annexing this property and, if so, if you for 24 some reason see that there is an advantage to Depo Court Reporting Service (630) 983 -0030 9 1 annexing it, make some special considerations 2 where we weren't required to hook up to the 3 sanitary or the water or possibly even not 4 requiring some of the ordinances to be observed 5 there in terms of like open burning or anything 6 that would interfere with the natural, you know, 7 landscape. So that's all I have to say. Thank 8 you. 9 WHEREUPON: 10 MIKE DOLES, 11 testified before the Yorkville City Council as 12 follow: 13 MR. DOLES: I'm Mike Doles. I am at I 14 10980 River Road, right next door. I have 15 basically the same concern, but my house is 16 built, so my concern would be if I was forced to 17 hook up to your sanitary or your water, that 18 would be something undesirable for me because I'm 19 not quite as bad as Tom, I'm probably 26 to 30 20 feet below River Road, so I'd have to have lift 21 stations also. 22 Also, I like being in 23 unincorporated Kendall County, no offense, I 24 would rather stay that way, but again, if you did Depo Court Reporting Service (630) 983 -0030 I 10 1 annex them, I would just like to have it my 2 choice to be annexed at my discretion, and that's 3 about all I have to say. i 4 MAYOR BURD: Mr. Kramer, would you 1 5 like to address those concerns? 6 MR. KRAMER: Yes, I would. Again, 7 we've had three people show up at the earlier 8 hearing, and very clearly their concern was would 9 it force annex them in. 10 There may be some old covenant 11 from when this was subdivided some years ago that 12 maybe the original owner entered into with the 13 County, but it's not binding on the City. In I 14 other words, there is no rule that the County can 15 force some property to annex to the City. You 16 always have consensual ability of whether or not 17 you want to take a property in, and it's frankly I 18 one of the few times in your careers as aldermen, i 19 you can be as discriminatory as possible and say I 20 I like that property, I don't like this one. 21 There's no positive duty to annex whatsoever. So 22 us asking to voluntarily annex in no way forces 23 these folks to annex in. 24 As a practical matter, the lots Depo Court Reporting Service (630) 983 -0030 11 1 are roughly the same size, they're a bit over an 2 acre, ours is served by well and septic, it's 3 going to continue to be served by well and 4 septic, which is permissible under your ordinance 5 when you have an acre or more lot, so there is 6 not going to be any change in taxes, there's not 7 going to be any change in utilities, it's simply 8 my client's willing to govern themselves by City 9 ordinances, and, again, would allow the city to 10 take control of the property, but it doesn't 11 affect the neighbors whatsoever. Thank you. 12 MAYOR BURD: Do we have any 13 questions on it? i 14 ALDERMAN BESCO: Dan, when they do 15 the title search on that, does the covenant show 16 up on a title search? 17 MR. KRAMER: Not what he's telling 18 us, about some sort of agreement to force annex 19 them in. There is certainly nothing with the 20 City that requires that. 21 Now, maybe, you know, there was 22 some kind of letters in the minutes of the 23 meeting back at the county level way back when it 24 was zoned. There is a ton of vacant lots out Depo Court Reporting Service (630) 983 -0030 I 12 1 there that aren't in the city. 2 ALDERMAN BESCO: So if we were to i 3 annex this parcel, could we put something in -- d 4 Obviously there's going to be an annexation 5 agreement. 6 MR. KRAMER: There is, correct. 7 ALDERMAN BESCO: And could we put 8 something in there that they -- Like we do with 9 the right to farm, only something basically 10 stating what they do with their property does 11 not -- 12 MR. KRAMER: Bind the other owner? 13 ALDERMAN BESCO: Right. 14 MR. KRAMER: I have no objection 15 subject to your City Attorney's approval 16 whatsoever. That wouldn't bother me at all. 17 MR. ROTH: And I don't know what 18 effect that would have, but there is no problem 19 putting it in there. 20 MR. KRAMER: I don't object. 21 MR. ROTH: I'm not sure how an 22 agreement between Mr. Kramer's client and the 23 City would bind the City with respect to the 24 annexation or not annexation of other properties, Depo Court Reporting Service (630) 983 -0030 i 13 1 but, nonetheless, we will put it in there and let 2 it as act as a representation or manifestation of 3 what your intention is in doing this and 4 hopefully bring some comfort to those property 5 owners. 6 ALDERMAN MUNNS: Mike, it would be 7 up to us to annex those other two properties 8 anyway, correct. I 9 MR. ROTH: It would be. It would i 10 be. Absolutely. And actually it would also be I 11 up to them to a large degree as well. 12 ALDERMAN MUNNS: That's what I 13 mean. 14 MAYOR BURD: Alderman Werderich. 15 ALDERMAN WERDERICH: Actually one 16 question for Attorney Kramer and the other one is 17 for Mr. Ruane. 18 MR. KRAMER: Sure, Mr. Werderich. 19 ALDERMAN WERDERICH: What's the -- 20 How come they want to become -- 21 MR. KRAMER: Again, they want to 22 become part of the City. They feel it is 23 advantageous to them marketing the property. 24 ALDERMAN WERDERICH: Mr. Ruane -- Depo Court Reporting Service (630) 983 -0030 14 1 and I apologize if I'm not pronouncing your name 2 right. 3 MR. RUANE: That's all right. 4 ALDERMAN WERDERICH: The language 5 that you were talking about saying that if one 6 parcel is annexed in that the other parcels are 7 annexed in as well, is that a covenant that's on 8 your deed or is that -- 9 MR. DOLES: I'll answer it. It's -- 10 it was the covenants for the Meyer's subdivision. 11 It's like a three -page -- 12 ALDERMAN WERDERICH: And that's 13 recorded on the deed, it was recorded? 14 MR. RUANE: It was recorded, right. 15 ALDERMAN WERDERICH: Okay. 16 MR. KRAMER: And that obviously 17 can't bind the City, what private parties agree 18 with one another. 19 MAYOR BURD: Alderman Leslie. 20 ALDERMAN LESLIE: What would these 21 folks be if the City, if it was the will of the 22 City to force the annexation, would there be a 23 legal precedent in doing so? 24 In other words, could these Depo Court Reporting Service (630) 983 -0030 15 1 folks end up at some point in time down the road 2 being pulled in or will they always have the 3 opportunity to say no? j 4 MR. KRAMER: Well, that's a long 5 question in the sense of if they met perfectly 6 the profile of how many sides the City surrounds 7 them on and some acreage requirements, a city 8 council could do that regardless of what we do 9 here. They're still only going to have city on i 10 one side of each of those -- i I 11 ALDERMAN LESLIE: I am speaking 12 specifically with regard to the covenant. 13 MR. KRAMER: Yes. I don't think the I I 14 covenant plays any part at all, Jason, in terms 15 of the city force annexing. It boils down to 16 acreage and being surrounded by three or four 17 sides. 18 And I think the best protection 19 isn't what Dan Kramer says, and that's what I 20 told the people that were here at the earlier 21 hearing, it's been a course of conduct going back 22 five mayors and 30 years, none of us have ever 23 observed the City of Yorkville force annex in a �I 24 residential piece of property, whether it's one Depo Court Reporting Service (630) 983 -0030 16 1 lot or a hundred acres. Not once in our history 2 that the City has done that, so I think that's 3 the best representation. i 4 ALDERMAN WERDERICH: And this is a 5 hard question for you because you've never seen 6 it, the actual covenants of the subdivision, but 7 I just want to be real careful here. 8 Let's say that somebody new 9 buys the parcel of property. At that point -- 10 and correct me if I am wrong -- can that person 11 sue the other two to become -- under the 12 covenants of the subdivision become part of 13 Yorkville? 14 MR. KRAMER: Well, as you know, you 15 can always find a lawyer for some amount of money 16 to file anything, but again, I don't think there 17 is any standard to force you as the City Council 18 to accept it. 19 ALDERMAN WERDERICH: And I guess my 20 concern -- Yeah. Okay. I understand what you're 21 saying. 22 MR. KRAMER: At the end of the day, 23 the discretion rests with you folks. 24 MR. ROTH: Can I ask a question, I I Depo Court Reporting Service (630) 983 -0030 i i 17 1 Dan? How many lots are in the subdivision? 2 MR. KRAMER: There's just three. 1 3 MR. ROTH: All right. Then what you 4 can do is you could amend the plat of subdivision 5 as long as everyone consents. 6 MR. KRAMER: Right. 7 MR. ROTH: And so if you would 8 represent that your client would sign such a 9 consent, which would then remove that 10 restriction -- 11 MR. KRAMER: Right. Because like -- 12 MR. ROTH: -- re- record it, they 13 want to re- record it, take that provision out. 14 MR. KRAMER: Well, I think that 15 would be -- Yeah, that would take care of it as 16 well, and we have no objection to that. 17 MR. ROTH: Good enough. 18 MAYOR BURD: Any other questions? 19 ALDERMAN LESLIE: Are there any 20 easement provisions with this annexation to the 21 City? 22 MR. KRAMER: There are. The City 23 asked us for some very specific ones, Jason, and 24 that's why we actually did a written agreement. Depo Court Reporting Service (630) 983 -0030 18 1 ALDERMAN LESLIE: Okay. 2 MAYOR BURD: Any other questions? 3 (No Response) 4 MAYOR BURD: Okay. I entertain a 5 motion to leave the public hearing. 6 ALDERMAN LESLIE: So moved. 7 ALDERMAN WERDERICH: Second. 8 MAYOR BURD: All in favor? 9 (A Chorus of Ayes) 10 MAYOR BURD: All against? 11 (No Response) 12 MAYOR BURD: Okay. Move on to our 13 second public hearing, for B & P Properties, i 14 Incorporated. I'd like to entertain a motion to 15 go into the second public hearing. 16 ALDERMAN WERDERICH: So moved. 17 ALDERMAN GOLINSKI: Second. 18 MAYOR BURD: Any comments or 19 questions? 20 (No Response) 21 MAYOR BURD: All in favor? 22 (A Chorus of Ayes) 23 MAYOR BURD: All against? i 24 (No Response) Depo Court Reporting Service (630) 983 -0030 19 1 MAYOR BURD: Okay. We are now in 2 public hearing number 2 on B & P Properties, 3 Incorporated, an Illinois corporation, 4 petitioner, has filed an application requesting 5 rezoning from the United City of Yorkville M1 6 Limited Manufacturing District to United City of 7 Yorkville PUD Planned Unit Development to allow 8 for uses permitted in the R3 General Residence 9 District. 10 The real property consists of 11 approximately 14.325 acres located south of 12 Corneils Road and west of Caledonia Drive in the 13 Caledonia subdivision. I 14 MR. KRAMER: Again, for the record, 15 Daniel J. Kramer. My address is 1107A South 16 Bridge Street, Yorkville, Illinois, 60560. I'm 17 an attorney licensed to practice law in the State 18 of Illinois and represent the petitioner, B & P 19 Properties, Inc. 20 This parcel was originally part 21 of the original Mike and Tammy Rosenwinkel 22 annexation to the City of Yorkville. It 23 originally had an underlying M1 zoning with kind 24 of a floating or flex zoning for R4 General Depo Court Reporting Service (630) 983 -0030 i 20 1 Residence District. 2 What we've actually come in and 3 asked on the petition is to in effect down zone 4 it to R3 PUD, which would permit 24 duplex lots, 5 or 48 units of duplex. 6 It's consistent with the City 7 Comprehensive Plan. The land, again, next door 8 to it is R4. We match with that only a lower 9 density and less intense. 10 At one point we had talked 11 about townhomes on the property; Plan Commission 12 recommended that we stick with no more than 13 duplex and that we do the PUD, and we've done 14 that. 15 This one, likewise, has an 16 amendment to the original annexation agreement i 17 and embodies all of the Staff and Plan Commission 18 recommendations. 19 So, again, I'd be happy to 20 answer any questions of Staff, Council members, 21 or audience. 22 ALDERMAN LESLIE: Have you provided 23 architectural detail? 24 MR. KRAMER: We have not, Jason, Depo Court Reporting Service (630) 983 -0030 21 1 other than to say we'd be governed by the City 2 code. We've done footprints on buildings, but i 3 we're not certain who the end builder is going to 4 be, so that's where we have no real detail in 5 architectural, but we would be governed by the i 6 entire City Appearance Code. 7 Yes, sir. Wally? S ALDERMAN WERDERICH: Two things. 9 First one -- and I apologize about this -- really 10 have my brain wrapped around the flex zoning. i 11 Can you help me out with that? 12 MR. KRAMER: Sure. Again, back when 13 Mike and Tammy Rosenwinkel, they brought in a I 14 fairly large farm that the City wanted some 15 sanitary sewer easements through and trail 16 easements through on a creek basis years ago. 17 We just weren't clever enough 18 at the time to know how the City was going to 19 develop, so we had hoped there would be an 20 expansion of the Yorkville Business Park that 21 sits right north of that. 22 Inland got the first couple of 23 users in; F.E. Wheaton has been great for the 24 city, we've got a couple of others in, and then Depo Court Reporting Service (630) 983 -0030 ' 22 1 development of that stalled in terms of end 2 business users, and it allowed under the original 3 Inland agreement them to change the north part of 4 their property to residential if they weren't 5 getting users, which they took advantage of, and 6 literally Rosenwinkels did the same thing. 7 Once Inland put residences next 8 to them, it didn't make it practical to develop 9 the Rosenwinkels, which was on the other side of 10 the residential manufacturing, so theirs 11 automatically went to residential as well, and so 12 the annexation agreements gave them permission to 13 do that after a certain number of years. 14 ALDERMAN WERDERICH: Okay. I've got 15 the comprehensive map here and I was just trying 16 to figure out -- and, again, this is just for my 17 purposes here -- where exactly -- this is what, 18 right about here? 19 MR. KRAMER: Corneils, yeah, 20 originally, and the pink is transition area, 21 correct. 22 ALDERMAN WERDERICH: And it's all 23 within the pink area? 24 MR. KRAMER: Correct. And the Depo Court Reporting Service (630) 983 -0030 23 1 Rosenwinkels, what they sold, owned and sold to 2 another developer was in the yellow, and so that 3 was a mix of single family and townhomes. 4 ALDERMAN WERDERICH: Is any part of 5 the property part of the park and open space 6 portion on this site? 7 MR. KRAMER: It is not. That green 8 area that shows on that park and open space was 9 down in Inland and was preserved as a grove of 10 trees. 11 ALDERMAN WERDERICH: Okay. 12 MAYOR BURD: Any other questions? d 13 Alderman Golinski. 7 14 ALDERMAN GOLINSKI: Kind of off the 15 subject, Dan. 16 MR. KRAMER: Sure. 17 ALDERMAN GOLINSKI: What is north of 18 the property? Is that a racetrack? 19 MR. KRAMER: Actually it's a horse 20 farm, the MacArthur Horse Farm is over there, and 21 then -- where it says MacArthur Trust, and then 22 kind of surrounding MacArthur you've got the 23 proposed Ocean - Atlantic Westbury development, 24 which hasn't come back in yet, but it would be a Depo Court Reporting Service (630) 983 -0030 24 1 combination of golf course and townhomes with a 2 little bit heavier density. 3 ALDERMAN PLOCHER: What's there now? 4 It looks like there is a racetrack. Is that a 5 road or -- 6 MR. KRAMER: No, they use it for 7 working out horses. Gary is right on Beam. THe 8 MacArthur family owns a number of horses. Joe 9 knows them fairly well. s 10 ALDERMAN BESCO: Thoroughbreds. P 11 MAYOR BURD: Any other questions? 12 (No Response) i 13 MR. KRAMER: And, again, as I say, i 14 the density on this with the duplex works out at 15 3.53, where the density with the townhouses next 16 door is 4, so this is actually a lower or less 17 intense use. 18 MAYOR BURD: Okay. 19 MR. KRAMER: Thank you. 20 MAYOR BURD: Thank you. Entertain a 21 motion to go out of public hearing? 22 ALDERMAN LESLIE: So moved. 23 ALDERMAN SPEARS: Second. 24 ALDERMAN GOLINSKI: Second. Depo Court Reporting Service (630),983 -0030 25 1 MAYOR BURD: All in favor? 2 (A Chorus of Ayes) 3 MAYOR BURD: All opposed? 4 (No Response) 5 (Which were all the 6 proceedings had in 7 public hearing.) 8 --- 000 - -- i 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 26 1 STATE OF ILLINOIS ) SS: 2 COUNTY OF LASALLE ) 3 4 I, Christine M. Vitosh, a Certified 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 I 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 a Depo Court Reporting Service (630) 983 -0030 27 1 In testimony whereof, I have 2 eunto set my hand this / day of 3 - - - -- - -- - - -- A.D., 2007. 4 Q 5 6 Christine M. Vitosh, CSR 7 CSR No. 084 - 002883 8 9 j 10 j 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 City Council, October 9, 2007 28 $50,000 7:9, 7:9 aforesaid 26:11 applies 26:18 Briguglio 3:4 --- oOo - -- 25:8 agenda 4:10 approval 12:15 Briguglios 4:14, 084 - 002883 27:7 ago 10:11, 21:16 approximately 3:22, 5:22, 6:16, 7:20 1 5:18 agree 14:17 19:11 bring 13:4 1.1 3:22, 4:11 agreement 4:18, 6:1, architectural 20:23, brought 21:13 10940 3:23 6:3, 11:18, 12:5, 21:5 build 8:19 10980 9:14 12:22, 17:24, 20:16, ARDEN 2:9 builder 21:3 1107A4:8, 19:15 22:3 area 22:20, 22:23, building 6:23 14.325 19:11 agreements 5:24, 23:8 buildings 21:2 2 5:22, 19:2 22:12 arise 6:22 built 9:16 2007. 27:3 ALDERMAN 2:3,2:4, around 21:10 BURD 2:2, 3:2, 3:7, 24 20:4 2:5, 2:6, 2:7, 2:8, 2:9, assume 26:20 3:10, 3:12, 3:14, 5:7, 26 9:19 2:10, 13:6, 13:12, Attorney 3:24, 5:11, 10:4, 11:12, 3.5 24:15 13:14, 13:15, 14:12, 12:15, 13:16, 19:17 13:14, 14:19, 17:18, 30 9:19, 15:22 14:19, 14:20, 23:13, audience 5:6, 5:8, 18:2, 18:4, 18:8, 4 24:16 24:23 20:21 18:10, 18:12, 18:18, 40 7:7 aldermen 10:18 automatically 22:11 18:21, 18:23, 19:1, 48 20:5 Allegiance 3:1 aware 6:11 23:12, 24:11, 24:18, 60560 19:16 allow 11:9, 19:7 Ayes 3:11, 18:9, 24:20, 25:1, 25:3 7:00 1:9, 1:9 allowed 22:2 18:22, 25:2 burden 8:2, 8:3 800 1:9 already 4:12 burn 7:20 amend 17:4 burning 7:16, 9:5 amendment 20:16 < B > Business 21:20, <A> amount 16:15 back 11:23, 11:23, 22:2 ability 10:16 ANN 2:7 15:21, 21:12, 23:24 buys 16:9 able 6:4 annex 6:2, 6:8, 10:1, bad 9:19 above - entitled 1:7, 10:9, 10:15, 10:21, basically 9:15, 12:9 26:8 10:22, 10:23, 11:18, basis 21:16 < C > Absolutely 13:10 12:3, 13:7, 15:23 Beam 24:7 C.S.R. 1:8 accept 16:18 annexation 3:16, beautiful 8:17 Caledonia 19:12, accuracy 26:21 4:15, 4:18, 4:21, become 13:20, 19:13 acre 4:11, 11:2, 11:5 6:16, 6:24, 7:15, 13:22, 16:11, 16:12 called 7:3 acreage 15:7, 15:16 8:12, 12:4, 12:24, behalf 2:17 care 8:2, 17:15 acres 3:22, 16:1, 12:24,14:22, 17:20, believe 3:24 careers 10:18 19:11 19:22, 20:16, 22:12 below 7:7, 9:20 careful 16:7 act 13:2 annexed 6:2, 7:22, BESCO 2:5 carry 8:14 j actual 16:6 8:8, 10:2, 14:6,14:7, best 15:18, 16:3 cause 26:8 Actually 13:10, 26:18 biggest 6:24 certain 21:3, 22:13 13:15, 17:24, 20:2, annexing 5:2, 7:1, Bind 12:12, 12:23, certainly 11:19 23:19, 24:16 8:6, 8:23, 9:1, 15:15 14:17 certificate 26:18 address 4:8, 10:5, answer 4:22, 14:9, binding 10:13 Certified 26:5, 26:20 19:15 20:20 bit 11:1, 24:2 certify 26:6, 26:12, adjacent 6:14 anyway 13:8 boils 15:15 26:17 Administrator 2:11 apologize 14:1, 21:9 bother 12:16 change 11:6, 11:7, advantage 8:5, 8:11, Appearance 21:6 bought 5:24 22:3 8:24, 22:5 appeared 2:17 brain 21:10 Charles 3:3 advantageous 13:23 application 3:15, BRENDAN 2:11 choice 10:2 affect 11:11 19:4 Bridge 4:8, 19:16 Chorus 3:11, 18:9, Depo Court Reporting Service (630) 983 -0030 City Council, October 9, 2007 29 18:22, 25:2 counsel 26:13, down 7:13, 15:1, find 16:15 Christine 1:8, 26:5, 26:13 15:15, 20:3, 23:9 fire 7:17 27:6 COUNTY 3:18, 3:23, dream 8:20 First 3:3, 4:24, 6:12, clearly 5:3, 10:8 6:4, 9:23, 10:13, Drive 19:12 21:9, 21:22 clever 21:17 10:14, 11:23, 26:3 duplex 20:4, 20:5, five 15:22 client 11:8, 12:22, couple 21:22, 21:24 20:13, 24:14 flex 19:24, 21:10 17:8 course 15:21, 24:1 duty 10:21 floating 19:24 Code 21:2, 21:6 covenant 10:10, folks 10:23, 14:21, combination 24:1 11:15, 14:7, 15:12, 15:1, 16:23 comfort 13:4 15:14 < E > follow 4:5, 9:12 coming 8:13 covenants 14:10, earlier 10:7, 15:20 follows 5:16 comment 5:21, 6:7 16:6, 16:12 easement 17:20 footprints 21:2 comments 3:8, 6:10, creek 21:16 easements 21:15, force 5:2, 10:9, 18:18 CSR 27:6, 27:7 21:16 10:15, 11:18, 14:22, Commission 4:20, currently 6:17 effect 12:18, 20:3 15:15, 15:23, 16:17 5:1, 6:12, 20:11, elevation 7:6 forced 9:16 20:17 embodies 20:17 forces 10:22 complete 26:10 < D > end 6:19, 15:1, foregoing 26:9 Comprehensive Dan 11:14, 15:19, 16:22, 21:3, 22:1 forest 7:17, 7:18 20:7, 22:15 17:1, 23:15 enough 17:17, 21:17 four 4:16, 15:16 concern 6:6, 6:15, Daniel 4:3, 4:7, entered 4:14, 10:12 frankly 10:17 6:20, 9:15, 9:16, 19:15 Entertain 18:4, 10:8, 16:20 day 16:22, 27:2 18:14, 24:20 concerns 10:5 deed 14:8, 14:13 entire 21:6 < G > conduct 15:21 degree 13:11 evening 5:17 gain 6:19 confused 5:23 density 20:9, 24:2, everyone 7:11, 17:5 Game 1:9 consensual 10:16 24:14, 24:15 exactly 22:17 Gary 2:6, 24:7 consent 17:9 detail 20:23, 21:4 except 6:19, 8:8 gave 22:12 consents 17:5 develop 21:19, 22:8 existence 4:13 General 19:8, 19:24 consider 8:22 developer 23:2 expansion 21:20 getting 22:5 considerations 9:1 Development 19:7, golf 24:1 consistent 20:6 22:1, 23:23 Golinski 2:6, 23:13 l consists 3:22, 19:10 different 6:5 < F > govern 11:8 contiguous 8:7 direction 26:22 fairly 21:14, 24:9 governed 21:1, 21:5 continue 11:3 directly 6:14 fall 7:21 grab 7:12 control 11:10, 26:22 discretion 10:2, family 23:3, 24:8 great 21:23 copies 4:16, 26:19, 16:23 - Farm 1:9, 12:9, green 23:7 26:22 discriminatory 21:14, 23:20, 23:20 group 7:19 Corneils 19:12, 10:19 favor 3:10, 18:8, grove 23:9 22:19 District 3:18, 3:20, 18:21, 25:1 guess 16:19 corporation 19:3 19:6, 19:9, 20:1 feed 7:12 Correct 12:6, 13:8, doing 13:3, 14:23 feel 13:22 16:10, 22:21, 22:24, Doles 5:20, 9:10, feet 7:7, 9:20 < H > 26:10 9:13 few 10:18 habitats 7:12 cost 7:9 done 16:2, 20:13, figure 22:16 hand 26:20, 27:2 Council 1:1, 4:4, 21:2 file 16:16 happy 4:22, 20:19 4:23, 5:6, 5:15, 9:11, door 9:14, 20:7, filed 3:15, 4:17, 19:4 hard 16:5 15:8, 16:17, 20:20 24:16 finances 8:19 hearing 3:3, 4:19, Depo Court Reporting Service (630) 983 -0030 City Council, October 9, 2007 30 4:24, 10:8, 15:21, < J > 19:11 Mike 5:20, 6:9, 9:10, 18:5, 18:13, 18:15, J. 4:3, 4:7, 19:15 logistics 6:21, 7:2 9:13, 13:6, 19:21, 19:2, 24:21, 26:8 Jacqueline 3:3 long 15:4, 17:5 21:13 hearing. 25:7 Jason 2:3, 15:14, looking 7:17 Minute 2:13 heavier 24:2 17:23, 20:24 looks 24:4 minutes 11:22 help 21:11 Joe 2:9, 24:8 Lot 5:18, 5:20, 5:22, mix 23:3 hereby 26:6 JOSEPH 2:5 5:22, 6:1, 6:23, 11:5, monetary 6:19 hereto 26:18 16:1 money 16:15 hereunto 27:2 lots 5:19, 10:24, Motion 3:2,18:5, history 16:1 < K > 11:24,17:1, 20:4 18:14,24:21 home 4:12 Kendall 3:18, 3:23, lower 20:8, 24 :16 Move 18:12 homeowner 7:9 9:23 Moved 3:5, 3:7, 18:6, hook 7:3, 9:2, 9:17 Kind 5:23,11:22, 18:16, 24:22 hoped 21:19 19:23, 23:14, 23:22 < M > MS 2:2, 2:7, 2:10, hopefully 13:4 knows 24:9 M. 1:8, 26:5, 27:6 2:13 Horse 23:19, 23:20 Kramer 4:3, 4:7, 6:6, M1 19:5, 19:23 MUNNS 2:4,13:6, horses 24:7, 24:8 10:4, 12:22, 13:16, Macarthur 23:20, 13:12 hour 1:9 13:18, 13:21, 15:19, 23:21, 23:22, 24:8 myself 5:21, 6:22 house 6:18, 8:20, 16:22, 17:11, 19:15 main 6:15 9:15 mainly 6:22 huge 8:1 manifestation 13:2 < N > hundred 16:1 < L > Manufacturing 19:6, name 5:17, 14:1 land 20:7 22:10 natural 9:6 landscape 9:7 map 22:15 neighbors 4:24, 6:8, < I > language 14:4 marketing 13:23 11:11 identify 5:12 large 13:11, 21:14 MARTY 2:4 neither 26:12 ILLINOIS 1:2, 1:10, LASALLE 26:3 match 20:8 new 16:8 2:18, 3:24, 4:9,19:3, law 19:17 material 7:24 next 8:10, 9:14, 19:16, 19:18, 26:1 lawyer 16:15 matter .1:7, 10:24 20:7, 22:7, 24:15 in. 10:9, 10:23, 11:19 leave 18:5 MAYOR 2:2, 3:2, 3:7, No. 27:7 Inc. 19:19 legal 14:23 3:10, 3:12, 3:14, 5:7, none 15:22 Incorporated 18:14, LESLIE 2:3, 14:19, 5:11, 10:4, 11:12, nonetheless 13:1 19:3 14:20 13:14,14:19, 17:18, nor 26:13, 26:14, indicated 5:3 less 20:9, 24:16 18:2,18:4, 18:8, 26:15 Inland 21:22, 22:3, letter 6:13 18:10, 18:12, 18:18, north 7:4, 21:21, 22:7, 23:9 letters 11:22 18:21, 18:23,19:1, 22:3, 23:17 intend 6:23, 8:16 level 11:23 23:12, 24:11, 24:18, notes 26:11 intense 20:9, 24:17 licensed 19:17 24:20, 25:1, 25:3 nothing 11:19 intention 13:3 lift 7:3, 9:20 mayors 15:22 noticed 7:18 interest 6:19 likewise 20:15 Mclaughlin 2:11 number 19:2, 22:13, interested 26:16 Limited 19:6 mean 13:13 24:8 interfere 9:6 line 8:19 MEETING 1:1, 1:6, invert 7:6, 7:7 LISA 2:13 6:12,11:23 issue 5:4, 6:24, 7:14 literally 8:7, 22:6 members 20:20 < O > issues 6:22 little 24:2 met 15:5 object 12:20 itself 7:8 live 8:15 Meyer 14:10 objection 12:14, living 8:16 Meyers 5:19 17:16 located 3:23, 4:11, MICHAEL 2:16 observed 9:4, 15:23 Depo Court Reporting Service (630) 983 -0030 City Council, October 9, 2007 31 Obviously 12:4, part 6:3, 13:22, probably 9:19 < R > 14:16 15:14, 16:12, 19:20, problem 12:18 R1 3:19 occur 6:21 22:3, 23:4, 23:5 problems 6:20, 8:13 R3 3:18, 19:8, 20:4 Ocean - atlantic parties 14:17, 26:14, Proceedings 1:6, R4 19:24, 20:8 23:23 26:15 25:6, 26:7, 26:9 racetrack 23:18, offense 9:23 people 10:7, 15:20 profile 15:6 24:4 Okay 3:14, 14:15, per 8:7 pronouncing 14:1 rather 9:24 16:20, 18:1, 18:4, perfectly 15:5 Properties 12:24, re- record 17:12, 18:12, 19:1, 22:14, permissible 11:4 13:7, 18:13, 19:2, 17:13 23:11, 24:18 permission 22:12 19:19 real 3:21, 6:18, 8:5, old 10:10 permit 20:4 property 3:22, 5:24, 16:7, 19:10, 21:4 Once 5:12, 8:18, permitted 19:8 6:14, 8:6, 8:17, 8:23, really 8:6, 8:11, 8:20, 16:1, 22:7 person 16:10 10:15, 10:17, 10:20, 21:9 one 6:1, 7:16, 10:18, personal 8:18 11:10, 12:10, 13:4, reason 8:24 10:20, 13:15, 13:16, petition 20:3 13:23, 15:24, 16:9, reasoning 6:16 14:5, 14:18, 15:10, petitioner 19:4, 19:10, 20:11, 22:4, received 6:13 15:24, 20:10, 21:9 19:18 23:5, 23:18 recommendations One - family 3:18, Petitioners 3:4, proposed 4:15, 4:17, 20:18 3:19 3:15, 4:7 23:23 recommended 4:21, ones 17:23 PICKERING 2:13 protection 15:18 20:12 open 7:16, 9:5, 23:5, piece 8:8, 8:17, provided 20:22 record 4:6, 19:14 23:8 15:24 provision 17:13 recorded 14:13, opportunity 15:3 piles 8:1 provisions 17:20 14:13, 14:14 opposed 25:3 pink 22:20, 22:23 public 3:3, 4:19, regard 15:12 ordinance 11:4 place 26:11 4:24, 6:7, 6:10, 18:5, regardless 15:8 ordinances 7:15, Plan 4:20, 4:24, 18:13, 18:15, 19:2, registered 6:13 9:4, 11:9 20:7, 20:11, 20:17 24:21, 25:7 related 26:13, 26:14 original 10:12, Planned 19:7 PUD 19:7, 20:4, remove 17:9 19:21, 20:16, 22:2, Planning 6:12 20:13 Report 1:6, 26:9 26:19 plat 17:4 pulled 15:2 reported 26:7 originally 19:20, plays 15:14 purposes 22:17 Reporter 26:6 19:23, 22:20 please 5:11 push 7:24 represent 17:8, others 21:24 Pledge 3:1 put 7:3, 12:3, 12:7, 19:18 outcome 26:16 PLOCHER 2:9 13:1, 22:7 representation 13:2, owned 23:1 point 15:1, 16:9, putting 12:19 16:3 owner 5:18, 5:21, 20:10 representing 4:7 10:12, 12:12 portion 23:6 reproduced 26:21 owners 13:5 positive 10:21 < Q > requesting 3:16, owns 24:8 possible 10:19 question 5:1, 13:16, 19:4 possibly 7:1, 9:3 15:5, 16:5, 16:24 required 9:2 POWELL 2:12 questions 3:8, 4:23, requirements 15:7 < P > practical 10:24, 22:8 5:5, 5:7, 11:13, requires 11:20 P.M. 1:9 practice 19:17 17:18, 18:2, 18:19, requiring 9:4 parcel 4:11, 12:3, precedent 14:23 20:20, 23:12, 24:11 Residence 3:18, 14:6, 16:9, 19:20 present 4:1 quiet 5:5 3:20, 19:8, 20:1 parcels 14:6 preserved 23:9 quite 9:19 residences 22:7 Park 21:20, 23:5, pretty 7:19 residential 15:24, 23:8 private 14:17 22:4, 22:10, 22:11 Depo Court Reporting Service (630) 983 -0030 I City Council, October 9, 2007 32 residents 8:3 served 11:2, 11:3 6:1, 6:3, 8:10, 14:10, true 26:9 respect 12:23 set 27:2 16:6, 16:12, 17:1, Trust 23:21 Response 3:9, 3:13, sewer 7:2, 7:4, 7:7, 17:4, 19:13 trying 22:15 18:3, 18:11, 18:20, 7:10, 21:15 subject 12:15, 23:15 Two 6:2, 13:7, 16:11, 18:24, 24:12, 25:4 Shorthand 26:6, sue 16:11 21:8 responsibility 26:21 26:7, 26:10 suit 26:14, 26:15 restriction 17:10 show 10:7, 11:15 surrounded 15:16 rests 16:23 shows 23:8 surrounding 23:22 < U > rezoning 3:17, 19:5 side 4:12, 7:4, 7:8, surrounds 15:6 unanimously 4:20 River 3:23, 4:12, 7:4, 8:10, 15:10, 22:9 SUTCLIFF 2:10 unbuilt 5:20 7:8, 7:13, 8:9, 8:11, sides 15:6, 15:17 underlying 19:23 9:14, 9:20 sign 17:8 understand 16:20 Road 1:9, 3:23, 4:12, signed 4:16, 26:19 < T > undesirable 9:18 7:5, 7:8, 9:14, 9:20, simply 11:7 Taker 2:13 unincorporated 9:23 15:1, 19:12, 24:5 single 23:3 talked 20:10 Unit 19:7 ROBYN 2:10 Sir 5:8, 21:7 Tammy 19:21, 21:13 United 1:2, 2:17, ROSE 2:7 site 6:21, 23:6 taxes 11:6 3:16, 3:17, 3:19, Rosenwinkel 19:21, sits 21:21 terms 9:5, 15:14, 19:5, 19:6 21:13 size 11:1 22:1 units 20:5 Rosenwinkels 22:6, sold 23:1, 23:1 testified 4:4, 5:15, users 21:23, 22:2, 22:9, 23:1 somebody 16:8 9:11 22:5 ROTH 2:16, 17:7, sort 11:18 testimony 27:1 uses 19:8 17:12 South 4:8, 4:12, theirs 22:10 utilities 11:7 roughly 11:1 8:10, 19:11, 19:15 themselves 11:8 RUANE 5:9, 5:14, space 23:5, 23:8 thereof 26:16, 26:19 5:18, 13:17, 13:24, speaking 15:11 third 5:22 < V > 14:3 SPEARS 2:7, 24:23 Thoroughbreds vacant 11:24 rule 10:14 special 9:1 24:10 VALERIE 2:2 specific 17:23 three 5:19, 10:7, vested 6:18 specifically 15:12 15:16 village 8:1, 8:3 < S > spokes 8:21 three -page 14:11 Vitosh 1:8, 26:5, sanitary 9:3, 9:17, SS 26:2 three. 17:2 27:6 21:15 Staff 4:17, 20:17, throw 8:20 voluntarily 10:22 saving 8:19 20:20 title 11:15, 11:16 saying 14:5, 16:21 stalled 22:1 Tom 5:14, 5:18, 9:19 says 4:10, 15:19, standard 16:17 ton 11:24 <W> 23:21 start 7:17 tonight 4:10 Wally 2:8, 21:7 se 8:7 STATE 19:17, 26:1 took 22:5 wanted 21:14 search 11:15, 11:16 stating 12:10 touching 8:8 wants 5:20 Second 18:7, 18:13, station 7:3 townhomes 20:11, water 7:2, 7:10, 9:3, 18:15, 18:17, 24:23 stations 9:21 23:3, 24:1 9:17 second. 3:6, 24:24 stay 9:24 townhouses 24:15 weight 8:15 seconded 3:7 stick 8:21, 20:12 trail 21:15 WERDERICH 2:8, seen 16:5 sticks 7:20 transcript 26:10, 13:14, 13:15, 13:18, selling 6:17, 6:18 Street 4:8, 7:24, 26:19 14:12 sense 15:5 19:16 transition 22:20 west 19:12 septic 7:12, 11:2, subdivided 10:11 Treasurer 2:12 Westbury 23:23 11:4 subdivision 5:19, trees 7:21, 23:10 whatever 6:4 Depo Court Reporting Service (630) 983 -0030 i City Council, October 9, 2007 33 whatsoever 10:21, 11:11, 12:16 Wheaton 21:23 whereof 27:1 WHEREUPON 4:2, 5:13, 9:9 whether 10:16, 15:24 wife 6:23, 8:18 will 13:1, 14:21, 15:2 WILLIAM 2:12 willing 11:8 within 22:23 word 8:14 words 10:14, 14:24 working 24:7 works 24:14 wrapped 21:10 written 17:24 i I <Y> years 10:11, 15:22, 21:16,22:13 yellow 23:2 Yorkville 1:2, 1:10, 2:18, 3:16, 3:17, 3:19, 4:4, 4:9, 5:15, 7:1, 7:22, 9:11, 15:23, 16:13, 19:5, 19:7, 19:16, 19:22, 21:20 yourself 5:12 <Z> zone 20:3 zoned 11:24 zoning 19:23, 19:24, 21:10 < Dates > october 9, 2007 1:8, 1:8,1:8 Depo Court Reporting Service (630) 983 -0030