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City Council Minutes 2007 12-18-07 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, DECEMBER 18, 2007. Mayor Burd called the meeting to order at 9:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward II Golinski Present Plocher Absent Ward III mums Present Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. 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 entertained a motion to table Item 42 of the consent agenda - PC 2007 -38 Menard's 6`' Addition Preliminary/Final Plat be tabled until the second meeting in January. So moved by Alderman Munns; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -6 Nays -0 Werderich -aye, Golinski -aye, Leslie -aye, Sutcliff- -aye, Munns -aye, Spears -aye Mayor Burd further amended the agenda by moving the following items from the regular agenda to the consent agenda: • PW 2007 -182 Well No. 4 Rehabilitation Contract • PS 2007 -34 Somonauk Street (Route 47 — Colton) — On -Street Parking Ban • ADM 2007 -113 Sunflower Estates SSA 2006 -119 Abatement Ordinance • ADM 2007 -123 2008 -2009 Tax Levy Ordinance Alderman Leslie stated that Alderman Besco called him earlier and asked that Item #I on the consent agenda - PC 2007 -36 Ordinance Approving the Rezoning of Certain Property from R -1 to estate District Zoning Classification (Pobol Property) be moved to the regular agenda under the Economic Development Conunittee Report. Alderman Leslie indicated that Alderman Besco was attending a program for his daughter but hoped to make the meeting later. He asked as a courtesy to him that the item be moved. Alderman Leslie also asked that Item #9 on the consent agenda — CC 2007 -20 Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) be moved to the regular agenda under the Economic Development Committee Report. Alderman Spears asked that Item #8 on the consent agenda — CC 2007 -19 Ordinance Approving a Settlement Agreement be moved to the regular agenda. Administrator McLaughlin noted that the text in the ordinance does not match with the exhibit. He indicated that this will be cleaned up before the ordinance is codified. Mayor Burd entertained a motion to approve the amendments. So moved by Alderman Golinski; seconded by Alderman Leslie. The Minutes of the Regular Meeting of the Citv Council — December 18, 2007 — page 2 Motion approved by a roll call vote. Ayes -6 Nays -0 Gohnski -aye, Leslie -aye, Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye COMMITTEE MEETING DATES Public Works Committee To be announced City Hall Conference Room Economic Development Committee To be announced City Hall Council Chambers Administration Committee To be announced City Hall Council Chambers Public Safety Committee To be announced City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS Marlo Letterle Marlo Letterle, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from United City of Yorkville R -1 Residential District to United City of Yorkville A -1 Agricultural District with a Special Use for boarding activity and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 11 acres, located at 4378 Eldamain Road, Plano, Kendall County, Illinois. Mayor Burd entertained a motion to go into public hearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanim ously by a viva voce vote. Please see attached Report of Proceedings by Lynette Neal, 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. Attorney Orr noted that a motion was not needed to go into or come out of a public hearing. CITIZEN COMMENTS None. CONSENT AGENDA 1. Ordinance 2007 -96 — Authorizing the Execution of an Amended and Restated Planned Unit Development Agreement (Blackberry Woods) — authorize Mayor and City Clerk to execute (PC 2007 -37) 2. Resolution 2007 -60 — Approving 5 Month Extension for Recording Final Plat of Subdivision for Yorkville Crossing Unit 1 (Wal -Mart) — authorize Mayor and City Clerk to execute (EDC 2007 -49) 3. Intergovernmental Agreement for Integrated Transportation Plan and Fox River Watershed — approve grant funding match in an amount not to exceed $10,200. 00 and authorize Mayor to execute (EDC 2007 -50) 4. Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal — authorize Mayor and City Clerk to execute (EDC 2007 -52) 5. Cable and Video Competition Bill (COW 2007 -44) a. Ordinance 2007 -97 — Amending Municipal Code by Establishing Standards for the Construction of Facilities on the Rights -of -Way — authorize Mayor and City Clerk to execute b. Ordinance 2007 -98 — Amending Municipal Code Authorizing a Cable/Video Service Provider Fee and Peg Access Fee - authorize Mayor and City Clerk to execute c. Ordinance 2007 -99 — Amending Municipal Code Authorizing a Cable and Video Customer Protection law - authorize Mayor and City Clerk to execute 6. Well No. 4 Rehabilitation Contract — award rehabilitation work to Layne - Waster, as presented, in an amount not to exceed $264,886.00 (PW 2007 -182) 7. Ordinance 2007 -100 — Amending City Code — Title 6 — Traffic, Chapter 2 regarding Parking Restrictions on Somonauk Street (Route 47 — Colton) — authorize Mayor and City Clerk to execute subject to legal and staff review (PS 2007 -34) The Minutes of the Regular Meeting of the Citv Council — December 18. 2007 — nage 3 8. Ordinance 2007 -101— For the Amended Tax Levy and Assessment of Taxes for Fiscal Year beginning May 1, 2008 and ending April 30, 2009 for Special Service Area Number 2006 -119 (Sunflower Estates) — and authorize Mayor and City Clerk to execute (ADM 2007 -113) 9. Ordinance 2007 -102 — For the Levy and Assessment of Taxes for Fiscal Year beginning May 1, 2008 and ending April 30, 2009 —and authorize Mayor and City Clerk to execute (ADM 2007 -123) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Gohnski; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -6 Nays -0 Leslie -aye, Munns -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Golinski -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Director Miller reported that there would be a Comprehensive Plan Citizen Advisory Committee meeting on December 20, 2007 at 5:30 p.m. at the Library. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meetings of October 23, 2007 and November 27, 2007, the Special City Council meeting of December 11, 2007 and the Committee of the Whole meeting of November 27, 2007; seconded by Alderman Spears. Motion approved unanimously 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 December 12, 2007 totaling the following amounts: checks in the amount of $2,417,810.92 (vendors); $262,048.13 (payroll period ending 11/24/07); $256,321.22 (payroll period ending 12/8/07); $961.86 (payroll period ending 12/9/07); for a total of $2,937,142.13; seconded by Alderman Leslie. Alderman Spears asked why there were separate payroll amounts and Administrator McLaughlin explained that two people were missed so accounting did a separate run. Alderman Spears asked for an explanation of the overtime and Administrator McLaughlin explained that it was due to snow removal and watermain breaks. Motion approved by a roll call vote. Ayes -6 Nays -0 Munns -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Golinski -aye, Leslie -aye REPORTS MAYOR'S REPORT Proclamation for National Drunk and Drugged Driving (3D) Prevention Month (CC 2007 -21) Mayor Burd read Proclamation for National Drunk and Drugged Driving (3D) Prevention Month (see attached). Ordinance Approving an Amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area Which Removes Certain Parcels from the Project Area — (COW 2007 -40) Mayor Burd asked the City Attorney to discuss the ordinance. Attorney Orr explained that this is an ordinance in order to permit the mayor to participate in discussions on economic development in the TIF district by removing her property from the designated area. Alderman Golinski asked if a motion and second was needed before discussion could take place. Attorney Orr stated this would be a good idea. Mayor Burd entertained a motion to approve the ordinance. So moved by Alderman Munns; seconded by Alderman Werderich. Alderman Golinski asked that this matter be referred to the Economic Development Committee because it was brought forward to the City Council meeting agenda without any proper debate. He moved that the matter be referred to the Economic Development Committee. The Minutes of the Regular Meeting of the Citv Council — December 18, 2007 — page 4 Attorney Orr noted that this is a formality because an elected official cannot participate in any discussion in regard to the TIF if they own property within the TIF boundaries. As alderman, Valerie Burd refrained from any TIF discussions. As mayor, she would like to be able to participate so her property needs to be removed. There is no economic development impact on this. She further explained that whether or not Mayor Burd's property is in the TIF district, as an elected official, the property would not be eligible for assistance. Alderman Golinski stated that he wasn't very familiar with Robert's Rules but he thought that once a motion was made to refer to a committee the debate on the original motion stops. Attorney Orr stated she was not familiar with this and thought there had to be a general consensus to send it back to committee. She felt the matter should be debatable because there may be other members of the Council that may choose to vote on the issue. Alderman Golinski read from the Robert's Rule of Order Chart. Mayor Burd asked if there was a second. Motion to refer to committee seconded by Alderman Spears. Mayor Burd stated that this only pertains to her property and doesn't affect anyone else's. She wishes to remove her property from the TIF and she should be able to do so. She asked the Council to vote to allow her to remove her property so she can become more effective as a mayor when working with people interested in redeveloping property within the TIF district. Alderman Golinski noted that the City Council is under the rules of the Governing Ordinance and he has already spoke twice on the matter which in not allowable. The ordinance allows for a one five minute period for discussion with a two minute period for rebuttal. He noted that none of the other aldermen had spoken on the matter. Alderman Munns agreed procedurally with Alderman Golinski. He stated that the council is limited in the amount time they can discuss a matter at the City Council meeting and he felt this matter should have gone through the proper channels. Mayor Burd asked if he was questioning if she could put something on the agenda and noted that several items have been placed on it without going through committee. Alderman Munns felt that if someone wants to discuss an item they should not have to be bound by time constraints. Alderman Spears agreed that the matter should go through committee and on to the Committee of the Whole so it can be discussed at length. She noted that the ordinance states "whereas the mayor and City Council" and she questioned if the mayor could be party to the document. Attorney Orr stated that technically the document should just say City Council. Alderman Leslie stated he did not have a problem with the matter coming back to the Economic Development Committee. He understood that the motive behind the removal of the mayor's property is so she can be onboard with discussions about the area. He stared that there has been interest in the area and time is ticking. Alderman Werderich asked the mayor what her reasoning is with getting this done now. Mayor Burd stated that Alderman Leslie has had to sit in on meetings because she cannot participate. She stated that this is causing a time lag for her to get involved. Alderman Werderich asked if anything was on the immediate horizon and both Mayor Burd and Alderman Leslie stated there was. Alderman Leslie explained that he and staff have already met with developers. He commented that he did not have a personal need for the matter to go to committee but he wanted to hear the other aldermen's concerns. Alderman Golm' ski stated that he had a list of questions regarding the matter however this wasn't the proper forum to bring them forward. Alderman Mums asked Attorney Orr if Mayor Burd's property is removed now and the area begins to redevelop would there be a conflict with her property being developed or bought. Attorney Orr stated that as long as the property is owned by the mayor there can be no economic development on her property. He asked that once she is no longer mayor, could her property come back into the TIF and Attorney Orr stated that it could. Alderman Sutcliff stated that she supported Attorney Orr's explanation that this is a formality. She felt that the mayor needs to participate in the redevelopment because it doesn't look good for the city not having the mayor involved and the sooner this was done the better. Motion to refer to committee approved by a roll call vote. Ayes -5 Nays -1 Leslie -aye, Sutcliff- -nay, Munns -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Golinski -aye The Minutes of the Regular Meetins of the Citv Council — December 18, 2007 — Vase 5 Montgomery Boundary Agreement COW 2007 -35 Administrator McLaughlin reported that he had been in contact with three out of the five property owners between Yorkville and Montgomery. He indicated he would have the results for the Council in January. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Executive Session Attorney Orr noted that she will be requesting a motion to go into executive session. She stated that she would like to use this opportunity to give some background information on Item 48 that was removed from the consent agenda - CC 2007 -19 Ordinance Approving a Settlement Agreement. She asked the City Council to withhold discussion on the item until after the executive session she felt they would feel more comfortable in considering it. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Meeting Structure and Schedule for 2008 Administrator McLaughlin reported that the meeting schedule for next month has been worked out. City Council meeting will be on the second and fourth Tuesdays of the month. He proposed that the committees would meet on the following Thursdays in the month: Public Works Committee on the first; Administration Committee on the second; Economic Development Committee on the third and Public Safety Committee on the fourth. Alderman Spears asked if this schedule worked for the department heads. Mr. McLaughlin asked those present if this was agreeable and Director Miller was the only one with a slight concern between the Economic Development Committee meeting and Plan Commission meeting however if it poses a problem, Economic Development Committee could switch with the Public Works Committee. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Snow Removal and Towing Chief Martin reminded everyone that the police will be ticketing and towing if cars are parked on the streets after a snowfall. He stated that the Snow Ordinance calls for cars to be off the street after 2" of snow and the police will try to locate the owners of the vehicles before they are towed. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT Metro Mayors' Caucus Mayor Burd reported that she attended the Metropolitan Mayors Caucus meeting in Chicago were there was a presentation by former state comptroller Dawn Clark Netsch and state representative John Fritchey on the pro and cons of the state conducting a constitution convention in the year 2010. There was also discussion on transit funding, a capital bill, streamlining sales tax, TIFs and education funding reform. There was also a presentation about bringing the Olympics to Chicago. The Minutes of the Regular Meeting of the Citv Council — December 18. 2007 — vase 6 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT In -Town Road Program - Roadway Change Order #3 (PW 2007 -193) A motion was made by Alderman Leslie to approve an increase in an amount not to exceed $14,658.25 and authorize Mayor and City Clerk to execute; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -1 Munn -aye, Spears -nay, Werderich -aye, Golinski -aye, Leslie -aye, Sutcliff-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007 -103 Approving the Rezoning of Certain Property from R -1 to Estate District Zoning Classification (Pobol Property) (PC 2007 -36) A motion was made by Alderman Leslie to approve an ordinance approving the rezoning of certain property from R -1 to Estate District Zoning Classification (Pobol Property) and authorize Mayor and City Clerk to execute; seconded by Alderman Golinki. Alderman Besco was not present to address the issue he had with the ordinance. Motion approved by a roll call vote. Ayes -6 Nays -0 Sutcliff-aye, Munn -aye, Spears -aye, Werderich -aye, Gohnski -aye, Leslie -aye Ordinance 2007 -104 Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) (CC 2007 -20) A motion was made by Alderman Leslie to approve an Ordinance to Acquire Real Estate for the Purpose of Expanding the City's Recreational Parks Area (Clark Property) and authorize Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Leslie noted that originally it was thought that the parcel was 6 acres however upon surveying the property it is about 4.5 acres. The stated appraised value of the property remained the same. Alderman Spears asked how the purchase was being funded. Administrator McLaughlin explained that the funds are available in the general fund. Alderman Spears asked what would be remaining in the general fund and Mr. McLaughlin stated that currently the fund balance is over 30% of expenditures or above the amount to maintain in the balance per policy. Alderman Leslie also explained that the property is being purchased in installments; it is not a "chunk" of money up front. Alderman Spears was concerned that in the discussion regarding the Zangler property it was stated that the city could not come up with $100,000.00 for the sewer connection. Now, property is being purchased and in thirty days the city will come up with $100,000.00 for the first installment. Mr. McLaughlin stated that the discussion on the Zangler property was not necessarily that the city did not have the funds but rather they were not budgeted for the sewer. He stated that the Council indicated that it was important to get the sanitary sewer installed so staff is finding a way to get it done. Alderman Golinski clarified if the city was pursuing grants to offset the cost. Mr. McLaughlin confirmed that staff is exploring grants. Administrator McLaughlin suggested that the ordinance be approved subject to the correct acreage being placed in the document. Attorney Orr stated it was already changed. Motion approved by a roll call vote. Ayes -5 Nays -1 Munns -aye, Spears -nay, Werderich -aye, Golinski -aye, Leslie -aye, Sutcliff-aye, PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — December 18, 2007 — page 7 ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Burd entertained a motion to go 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 imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Golinski -aye, Leslie -aye, Munns -aye The City Council adjourned into executive session at 9:40 p.m. The City Council returned to regular session at 11:05 p.m. Mayor Burd entertained a motion to go back into regular session. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Leslie -aye, Sutcliff -aye, Munns -aye, Spears -aye, Werderich -aye Ordinance 2007 -105 Approving a Settlement Agreement (CC 2007 -19) Mayor Burd entertained a motion to approve CC 2007 -19 Ordinance Approving a Settlement Agreement. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -4 Nays -0 Present -2 Leslie - present, Sutcliff -aye, Munns -aye, Spears- present, Werderich -aye, Golinski -aye ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman Munns. Motion un ani m ously approved by a viva voce vote. Meeting adjourned at 11:10 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i � I COMMITTEE OF THE WHOLE CITY COUNCIL MEETING December 18, 2007 �. PLEASE PRINT NAME: ADDRESS: ,,- �14 f � 3 �7 / �• U A pt C,e7 l F C�rwa c� - y /��s� /� ys * zvlj'c lcV Q 6- l�� %� ,�r�! ScYv ° P Co5`� / 7 1 2 A \Q 1C P �,,,rk.�.� LC r 14 go P SIGNIN UNITED CITY OF YORKVILLE, ILLINOIS II i MEETING OF THE _I CITY COUNCIL REPORT OF PROCEEDINGS taken at the meeting of the City Council for the United City of I Yorkville, taken on December 18, 2007, at the hour of 9:00 p.m., before Lynette J. Neal, C.S.R., at i the Yorkville City Hall, Yorkville, Illinois. I D- 834907 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 PRESENT: 2 MAYOR VALERIE BURD, Chairman, 3 MS. ROSE ANN SPEARS, Alderman, 4 MR. MARTY MUNNS, Alderman, 5 MR. JASON LESLIE, Alderman, 6 MR. GARY GOLINSKI, Alderman, I 7 MS. ROBYN SUTCLIFF, Alderman, 8 MR. WALLY WERDERICH, Alderman, 9 and I 10 MR. KATHLEEN ORR, City Attorney. 11 - - - 12 13 14 15 16 l 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 1 MAYOR BURD: We do have a public 2 hearing. The petitioner has filed an application 3 with the United City of Yorkville, Kendall County i 4 Illinois, requesting annexation to the United City 09:06PM 5 of Yorkville and zoning from the United City of 6 Yorkville, R1 Residential District, the United 7 City of Yorkville A -1 Agricultural District with a 8 Special Use for boarding activity and for hearing 9 as to annexation agreement of petitioner. The 09:06PM 10 real property consists of approximately 11 acres 11 located at 4378 Eldamain Road, Plano, Kendall 12 County, Illinois. 13 Can I have a motion to go into this 14 public hearing? 09:06PM 15 MR. GOLINSKI : So moved. 16 MS. SPEARS: Second. =_ 17 MAYOR BURD: All in favor? - 18 (Chorus of ayes.) 19 MAYOR BURD: Opposed? 09:07PM 20 (No response.) 21 MR. KRAMER: I don't have much of a 22 voice this evening so I will be brief. Dan Kramer 23 on behalf of petitioner. My address is 1107 -A 24 Bridge Street, Yorkville, Illinois. I am an DepoCourt Reporting Service (630) 983 -0030 4 1 attorney licensed to practice law in the state of 2 Illinois and represent Marlo Letterle. This 3 property is 11 acres on the east side of Eldamain 4 Road just south of Fox Hill Development. It has 09:07PM 5 always been used as a small estate home with a 6 barn that houses horses. 7 Frankly, she could board horses 8 under the county and under the City ordinance 9 without any kind of special use, but she does 09:07PM 10 desire to give occasional riding lessons to 11 children. And so when she purchased the property 12 she was uninformed and the lady told her there was 13 a special use. The long and short, there was not. 14 I suggested being bound by the City on two sides 09:08PM 15 that we go ahead and annex. That's what we have 16 done. 17 The annexation agreement that's in 18 your packet mirrors the conditions that the staff 19 recommended and we received a unanimous vote at 09:08PM 20 the planning commission earlier in the week. We 21 ask for a positive vote when we come before you 22 folks. 23 MR. LESLIE: It will be going to EDC 24 first then? DepoCourt Reporting Service (630) 983 -0030 5 1 MR. KRAMER: Correct. 2 MAYOR BURD: Okay. Do we have any 3 questions from anyone in the audience on this 4 issue? No questions. Do any of the aldermen have i 0 :08PM 5 any comments or questions? I 6 MR. MUNNS: One. I think it is -- being 7 a neighbor and a resident of Fox Hill and you come 8 out and live in that part of Fox Hill, when you 9 drive around the subdivision, you get to see the 09:08PM 10 horses running around in the summer. I think it 11 is a neat kind of thing. Whatever, as long as we 12 follow whatever the City recommends, it should 13 stay that way. It is a nice piece of property. 14 MR. KRAMER: Thank you, Marty. 09:08PM 15 MS. SUTCLIFF : I tried to read through 16 the material. Isn't she plan on leaving it the 17 way it is? 18 MR. KRAMER: Absolutely, Robyn. At this 19 point she's not building any new buildings or 09:09PM 20 parking lots or driveways or anything. She's 21 giving some easements to the City for utilities 22 and a lot of things that connect to other areas 23 and donating some land to the county highway 24 department. We did show a possible future site DepoCourt Reporting Service (630) 983 -0030 6 1 that if she ever wanted to expand the barn, she 2 can. She would have to go through all the 3 building permit processing through the City, but 4 for the near term no expansion whatsoever, just 09_ _09PM 5 utilizing what's been done there for 20 years. 6 MS. SUTCLIFF: This is A -1? 7 MR. KRAMER: Right now it is in the 8 county as A -1 and coming into the City as A -1 � 9 special use with flex zoning, that she could come 09:09PM 10 back in and subdivide to R -1 but, again, it would 11 have to go through the whole subdivision process. 12 And there is quite a bit of 13 property that Marty indicated. There is 14 floodplain that should stay undeveloped that o9:loPM 15 should stay as a nice buffer for Fox Hill. 16 MS. SUTCLIFF: Love it. 17 MR. KRAMER: Okay. - _ 18 MAYOR BURD: Okay, any other questions 19 or comments? No questions. Thank you. 09 : lOPM 20 MR. KRAMER: Thank you. 21 MAYOR BURD: I move to close the public 22 hearing. 23 MS. ORR: You don't need a motion to 24 close the public hearing. You do not need a DepoCourt Reporting Service (630) 983 -0030 7 1 motion to go in and out of a public hearing. The 2 public hearing is published, so going in and out 3 on a vote is not necessary. It is not wrong but 4 it is not necessary. 09:IOPM 5 MAYOR BURD : So we are going out of i 6 public hearing then. I 7 - - - 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - 22 23 I 24 DepoCourt Reporting Service (630) 983 -0030 8 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) 3 I, Lynette J. Neal, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings, Pages 3 8 through 7, inclusive, is a true, correct, and 9 complete transcript of my shorthand notes so taken 10 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 original 18 transcript and copies thereof, signed and 19 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 DepoCourt Reporting Service (630) 983 -0030 9 1 In testimony whereof, I have 2 hereunto set my hand this 16th day of January, 3 A.D., 2008. 4 1 5 6 Lynette J. Neal 7 CSR No. 084 - 004363 8 9 10 11 12 13 14 15 i 16 17 18 19 20 21 22 - 23 24 DepoCourt Reporting Service (630) 983 -0030 board [11- 4:7 8:1, 8:2 0 E K boarding (11- 3:8 One [1] - 5:6 084- 004363 111- 9:7 bound [�] - 4:14 easements 111 - 5:21 KATHLEEN [1] - 2:10 Opposed [11 - 3:19 1 Bridge (�] - 3:24 east [1] - 4:3 Kendall 121 - 3:3, 3:11 ordinance (1) - 4:8 EDC 111 - 4:23 kind 121 - 4:9, 5:11 brief It] - 3:22 original 111 - 8:17 Eldamain [2] - 3:11, KRAMER p1 - 3:21, 11 Iz1- 3:10, 4:3 buffer [�] - 6:15 ORR 121 - 2:10, 6:23 � 4:3 5:1, 5:14, 5:18, 6:7, 1107 -A 111- 3:23 building 121 - 5:19, 6:3 entitled [1) - 8:6 6:17, 6:20 outcome 111 - 8:15 16th 111- 9:2 buildings [1] - 5:19 estate [1] - 4:5 Kramer p] - 3:22 18[11- 1:11 BURD (81- 2:2, 3:1, evening f11- 3:22 P 3:17, 3:19,5:2, 6:18, 2 6:21, 7:5 expand 11] - 6:1 L p.m f1] - 1:12 expansion [1] - 6:4 lady 111- 4:12 packet 11] - 4:18 20111 -6:5 PAGE Ill -8:2 2007 [1] - 1:11 C F land 111 - 5:23 law 11] - 4:1 Pages [l] - 8:7 2008 111- 9:3 C.S.R 11] - 1:12 parking (11- 5:20 certificate 8:17 favor [l] - 3:17 leaving [11 - 5:16 ill - part 111 - 5:8 3 Certified [11- 8:3 filed Ill 3:2 LESLIE [z] - 2:5, 4:23 f parties (z] - 8:13, 8:14 certified - 8:19 first [�] - 4:24 lessons (11- 4:10 i Ill permit [1) - 6:3 3111- 8:7 certify lex (t] - 6:9 Letterle [1] - 4:2 fY [31- 8:4, 8:11, petitioner [3) - 3:2, 4 floodplain [11- 6:14 licensed [11- 4:1 8:16 3:9, 3:23 ] Chairman [1] - 2:2 folks [11- 4:22 live [l - 5:8 piece 11] - 5:13 4378 111- 3:11 children 111 - 4:11 follow [1] - 5:12 located [1) - 3:11 place 111 - 8:10 Chorus [ 1 - 3:18 foregoing [11- 8:7 Love 111 - 6:16 plan [l] - 5:16 7 Fox [41 - 4:4, 5:7, 5:8, Lynette [31 - 1:12, 8:3, CITY [z1- 1:1, 1:5 planning 11] - 4:20 7111- 8:8 City [14] - 1:10, 1:13, r a n 9:6 Plano [1] - 3:11 future [�] - 5:224 2:10, 3:3, 3:4, 3:5, Frankly (11- 4 point [11- 5:19 9 positive [1] - 3:7, 4:8, 4:14, 5:12, 4:21 5:21, 6:3, 6:8 Mario 111- 4:2 possible [11- 5:24 G 9:00 [11- 1:12 p I close [2) - 6:21, 6:24 Marty [21- 5:14, 6:13 practice [11- 4:1 coming 111 - 6:8 GARY [1) - 2:6 MARTY 11] - 2:4 PRESENT [1] - 2:1 A comments (21- 5:5, GOLINSKI [2] - 2:6, material [11- 5:16 proceedings (11 8:5 A -1 141 - 3:7, 6:6, 6:8 6 :19 3:15 MAYOR [81 - 2:2, 3:1, PROCEEDINGS 111- ! A•D [11- 9:3 commission 111 - 4:20 3:17,3:19, 5:2, 6:18, 1:9 above- entitled 111 - complete 1 - 8:9 6:21, 7:5 p [ ] H Proceedings (11- 8:7 8 :6 conditions 1 - 4:18 MEETING 111- 1:4 j Absolutely [11- 5:18 connect l 5:22 Hall (11 8:1 meeting 1] - 1:10 process [1] 6:11 I hand [z1- 8:19, 9:2 g . processing 111- 6:3 accuracy 111 - 8:20 consists 1 - 3:10 mirrors 1] - 4:18 1 ] hearing [91- 3:2, 3:8, I property 151 - 3:10, acres [z] - 3:10, 4:3 control [11- 8:21 motion [3] - 3:13, 4:3,4:11, 5:13, 6:13 activity - 3:8 3:14, 6:22, 6:24, 7:1, y [ 1 copies [21 - 8:18, 8:21 6:23, 7:1 public - 7:2, 7:6, 8:6 p I 1 3:1, 3:14, address [11- 3:23 Correct [11- 5:1 move [1] - 6:21 6:21, 6:24, 7:1, 7:2, aforesaid 111- 8:10 hereby [11- 8:4 correct [11- 8:8 hereto (1) - 8:17 moved Ii - 3:15 7:6 agreement (z) - 3 COUNCIL [11 - 1:5 hereunto [11- 9:2 MR [151 - 2:4, 2:5, 2:6, published 111 - 7:2 4:17 Council 111 - 1:10 2:8, 2:10, 3:15, 3:21, purchased [11 - 4:11 Agricultural 111- 3:7 [ ] highway [11- 5:23 A g counsel z - 8:12 4:23, 5:1, 5:6, 5:14, ahead 111- 4:15 j H[II [41- 4:4, 5:7, 5:8, county [31- 4:8, 5:23, 6:15 5:18, 6:7, 6:17, 6:20 Q Alderman [6] - 2:3, 6 :8 home [ 1 - 4:5 MS p] - 2:3, 2:7, 3:16, 2:4, 2:5, 2:6, 2:7, 2:8 County [z1- 3:3 3:12 ] 5:15, 6:6, 6:16, 6:23 questions 151- 5:3, , horses (3) - 4:6, 4:7, 5:4, 5:5, 6:18,6:19 aldermen [11- 5:4 COUNTY 111- 8:2 5:10 MUNNS [z] - 2:4, 5:6 ANN 111 - 2:3 CSR [1] - 9:7 quite (1] - 6:12 hour [1] - 1:11 N annex [11- 4:15 I houses 111- 4:6 annexation (3) - 3:4, p Neal (3] - 1:12, 8:3, R 3:9, 4:17 9:6 ' R -1 11] - 6:10 annexed 111- 8:17 j D- 834907 [11- 1:24 I R1 111 - 3:6 Dan [11 - 3:22 near [1) - 6:4 application (11- 3:2 ILLINOIS [21- 1:1, 8:1 D neat [1] - 5:11 read [11 - 5:15 December [11- 1:11 applies [11- 8:17 Illinois [s1- 1:13, 3:4, necessary eal [11 - 3:10 ry [z] - 7.3, areas (1) - 5:22 department 111- 5:24 3:12, 3:24, 4:2 received 11] - 4:19 desire 11] - 4 :10 7:4 assume [11- 8:19 inclusive [11 - 8:8 recommended (11- Development (11- 4:4 need 121 - 6:23, 6:24 attorney [1] - 4:1 indicated [11 6:13 4:19 Attorney (11- 210 direction [11- 8:21 interested 111 - 8:15 neighbor [1] - 5:7 recommends [11- District [2] - 3:6, 3:7 new (1] - 5:19 audience (1] - 5:3 issue 111 - 5:4 nice z 5:12 ayes (1] - 3:18 donating [1) - 5:23 I I - 5:13, 6:15 related [z1- 8:12, 8:13 done [2] - 4:16, 6:5 notes [1] - 8:9 J Report [11- 8:7 ' drive 111- 5:9 B driveways 111- 5:20 January 111 - 9:2 0 REPORT [1) - 1:9 barn [z1- 4:6, 6:1 JASON [1] - 2:5 reported 111- 8:5 behalf [11- 3:23 DU [11- 8:2 occasional [11- 4:10 Reporter[l] - 8:4 bit (11- 6:12 OF [5] - 1:1, 1:4, 1:9, represent 111 - 4:2 DepoCourt Reporting Service (630) 983 -0030 reproduced [l] - 8:20 8:21 requesting (i] - 3:4 undeveloped [l] - resident [l] - 5:7 6:14 2 Residential (1] - 3:6 uninformed [l] - 4:12 response [i] - 3:20 UNITED [1] - 1:1 responsibility it] - United [5] - 1:10, 3:3, 8:20 3:4, 3:5, 3:6 riding (l] - 4:10 utilities Ill - 5:21 Road (2] - 3:11, 4:4 utilizing [1] - 6:5 ROBYN [t] - 2:7 Robyn [t] - 5:18 V ROSE [l] - 2:3 VALERIE 11] - 2:2 running [i] - 5:10 voice ill - 3:22 vote (3] - 4:19, 4:21, S 7:3 Second p - 3:16 see [l] - 5:9 W set Ill - 9:2 WALLY it] - 2:8 short Ill - 4:13 week h] - 4:20 - Shorthand It] - 8:4 WERDERICH Ill - 2:8 shorthand (2] - 8:5, whatsoever [1] - 6:4 8:9 whereof It] - 9:1 show (i] - 5:24 whole (i] - 6:11 side Ill - 4:3 sides [1] - 4:14 y signed [1] - 8:18 site h] - 5:24 years Ill - 6:5 small h] - 4:5 YORKVILLE Ill - 1:1 south [i] - 4:4 Yorkville le] - 1:11, SPEARS [2] - 2:3, 1:13,3:3, 3:5,3:6, 3:16 3:7, 3:24 Special Ill - 3:8 special [3] - 4:9, 4:13, Z 6:9 zoning (2) - 3:5, 6:9 SS It] - 8:1 staff [1] - 4:18 state h] - 4:1 STATE [l] - 8:1 stay [3] - 5:13, 6:14, 6:15 Street Ill - 3:24 subdivide ill - 6:10 subdivision [2] - 5:9, 6:11 suggested (t] - 4:14 suit 121 - 8:13, 8:14 summer [l] - 5:10 SUTCLIFF [4] - 2:7, , 5:15, 6:6,6:16 I T term [t] - 6:4 testimony Ill - 9:1 THE (l] - 1:4 thereof (2] - 8:15, 8:18 transcript [2] - 8:9, 8:18 tried [t] - 5:15 true Ill - 8:8 two Ill - 4:14 U unanimous Ill - 4:19 under(4] - 4:8, 8:19, DepoCourt Reporting Service (630) 983 -0030 ■ /� � "fir. rr >♦ ! � �,•rri►r� � � •r•i rr.r■ � � ■r.rrr.r• � � ■.r■r.r■ 1 � ■•r■ 1 � ■.r.i.rj � � �r.i ri.rj � � �.i Yr.rj � � �.iii.rj � � �.rr i.r� � 1 �.rrr.rj � � � ..\► � ` 1\ �rl;l � r i UNITED CITY OF YORKVILLE �:';� ► gi l j''' /1►Ili� 11 ►��'``% �'� 1 ' 11 1 j III ► j l l l i� NATIONAL DRUNK AND DRUGGED DRIVING (31)) PREVENTION MONTH tio�r111 �I;, - 1 11► 1 ; 1 ;�!� DECEMBER 2007 I � °•,�e'11, , WHEREAS, motor vehicle crashes killed 1,254 people in Illinois during 2006; and ��e / ► , I �. o 1 ►1 ►I►�.� WHEREAS, 47 percent of those deaths were in alcohol - related crashes; and AII1111/� � � /j ►1 ► r�i 11 � ►''•� WHEREAS the December holiday season is traditionally one of the most deadly times of���'� Il ►j'p�; i the year for impaired driving; and��� ► 1 ► 1 0 %P: •; WHEREAS for thousands of families across the state and the nation, these holidays are a :;.:,. ►,� ; sad time to remember loved ones they lost to impaired drivers during previous holiday '%'1111 III►/ 11 ; 1 �� is seasons or other times throughout the year; and ti�;1 ►1 ►�1/ 1 I1110 WHEREAS, organizations across the state and the nation are joined with the You Drink & x'1111 1 ► � ►� Drive, You Lose. and other campaigns that foster public awareness of the dangers of!:� ► 1 ► �'�� ►� ►..a•! impaired driving and anti - impaired driving law enforcement efforts; and .,,,�►�, 1► �% WHEREAS, the community of the United City of Yorkville is proud to partner with the ►. ; Illinois Depa rtment of Transp Division of Traffic Safety and other traffic safet • ► � lll'��� p Y Y =.� 111 ►1• groups in that effort to make our roads and streets safer; and'�'i '� ►► NOW, THEREFORE, I, Mayor Valerie Burd do hereby proclaim December 2007 as Drunk and Drugged Driving (3D) Prevention Month in the United City of Yorkville and do�+ ►II 1 1 1 . ►��� hereby call upon all citizens government agencies business leaders hospitals and health'�� ► �7 providers, roviders ' schools and public and private institutions to promote awareness of the ��'11II 1111 ►���� impaired driving problem, to support programs and policies to reduce the incidence of e impaired driving, and to promote safer and healthier behaviors regarding the use of alcohol At ► ► j'/ ►�.�� ' and other drugs this December holiday season and throughout the year. 111 ►��- - -�� ► ►, rl (o ►•r: i� ..niil Dated this 18 day of December, 2007, A.D. ' = :'� ' :;� °�' 111111 ►1 /�� Valerie Burd, Mayore ► 1 ►11. I l l l l l�n � !:,�� ► 1 ► 1 , :i���►. I, �`�:e�I /j I 1 �`�t:.il /j I, �`�:.:i'I /j � 1 ���:...:I /j' 1 �`�ieil�j � 1 �,�:.n:I'j I, �`�..el�j �' �`�:v:i.'I %j �' �`�• . ►� / /• -i •,;�� ... 11L ... !1L ... lIL ... 1I� ... ,tIL' ... JIti' ... lIL ...11L' ... lIL' ` ui