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Plan Commission Packet 2011 03-09-11
J�o c►r,o United City of Yorkville J AL '" 800 Game Farm Road EST. -� _ 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 Gi Fax: 630-553-7575 0 TI& �� �, p Lt.r= ►�-�' PLAN COMMISSION AGENDA Wednesday, March 9, 2011 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous meeting minutes: November 10, 2010 Citizen's Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings Old Business New Business 1. PC 2011-01 Kendall County Fair Association, Inc. has filed an application with Kendall County, Illinois, requesting rezoning from A-1 Special Use to B-4 in the County. The property, commonly known as the Kendall County Fairgrounds, consists of approximately 31.04 acres and is located at Route 71 West of Route 47, Yorkville, Illinois, 60560. - Action Items i. Mile and 1/2 Review 2. Plan Commission submittal deadline schedule for 2011. Adjournment DRAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Library Historic Room Wednesday,November 10, 2010 7:00pm Commission Members in Attendance: Anne Lucietto, Chairman Tom Lindblom Clarence Holdiman Mike Crouch Charles Kraupner Sandra Adams Jack Jones Jeff Baker Jane Winninger Other City Staff Krysti Barksdale-Noble, Economic Development Director Other Guests Matt Schury—Kendall County Record Robyn Sutcliff, Alderman Christine Vitosh, Depo Court Diane Teeling, Alderman Angie Broholm Gary Golinski, Alderman Jim LaPorta Carlo Colosimo Mike Taylor Jackie Taylor Fred DuSell Eric Winter Amanda Posuch Tony Morelli Tim Gleason George Gilson, Alderman John Lux Larry Merz Dan Kramer, Attorney Lynn Dubajic Steve Lord,Beacon News Steve/Ultimate Sports Bar Susan Lambke Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll call was taken and a quorum was established. Previous Meeting Minutes - July 14, 1010 Lindblom moved and Adams seconded a motion to approve the minutes as read. Voice vote approval. Chairman Lucietto swore in those who would speak at the Public Hearings. Public Hearing 1. PC 2010-12 James Christofferson and Jennifer Schwarz, petitioners, filed an application requesting an amendment to the Planned Unit Development Agreement dated June 11, 1998 for the purpose of rezoning the three parcels on Van Emmon St. (Lots 1, 2 and 3) from the United City of Yorkville R-21) Duplex PUD to B-2 General Business District. The real property consists of a total of approximately 1.02 acres located south of Van Emmon Street and 1 west of Hydraulic Avenue,Yorkville. (Later in meeting this location was clarified). A motion was made by Crouch and seconded by Holdiman to enter into Public Hearing at 7:02pm. (See Court Reporter's transcript) Public Hearing was closed at 7:1 1pm on a motion by Jones and second by Lindblom. Voice vote approval. Discussion: Baker expressed concerns about the topography and how the property would be designed since it is very steep. He said the duplex now approved for this property would need more parking. Attorney Kramer said the square footage of the duplex would determine the amount of parking needed and an engineering review would also be necessary. Action Item i. PUD Amendment for Rezoning Crouch made a motion to approve the PUD amendment rezoning, subject to staff comments. Jones seconded this motion. Roll call: Holdiman-yes, Crouch-yes, Kraupner-yes, Adams-yes, Jones-yes, Baker- yes, Winninger-yes, Lindblom-yes, Lucietto-yes. Passed 9-0. 2. PC 2010-13 Ultimate Sports Bar on behalf of Post Time Catering, Inc. Petitioner, has filed an application with the City of Yorkville requesting to amend Title 10, Chapter 7, Article C of the Municipal Zoning Code to define and identify licensed off-track betting and inter-track wagering locations or facilities as allowed Special Use within the B-2 General Business District. A motion was made by Baker and seconded by Jones to open this Public Hearing at 7:15pm. Voice vote approval. (See Court Reporter's transcript) The Hearing was closed at 7:20pm on a motion and second by Lindblom and Adams. Voice vote approval, one nay. Discussion: There was a brief discussion of the B2 status and Krysti noted that this type of facility must be in a business or manufacturing district and detailed other criteria that also must be met. Baker questioned the possible areas in Yorkville where this facility could be located and the possibility of businesses changing their zoning to become eligible. However, Crouch noted there are only 6 licenses allowed per racetrack with the exception of one track. 2 Winninger asked if research had been conducted on nearby facilities. Krysti addressed this in a memo and said an annual report is issued that details taxes, locations of OTB's, funds, etc. Lindblom then moved to recommend approval of the requested text amendment and Crouch seconded this motion. Roll call: Crouch-yes, Kraupner-yes, Adams-no, Jones-yes, Baker-no, Winninger- yes, Lindblom-yes, Holdiman-yes, Lucietto-yes. Passed 7-2. 3. PC 2010-14 Ultimate Sports Bar on behalf of Post Time Catering,Inc., Petitioner, filed an application with the City of Yorkville requesting a Special Use within the B-2 General Business District for the purpose of operating an off-track betting facility. The real property consists of approximately 3 acres located within the Cimarron Ridge (Towns Crossing) development immediately south of Route 34 and immediately west of Cannonball Trail. A motion was made and seconded by Jones and Adams at 7:30pm to open the Public Hearing. Voice vote approval. (See Court Reporter's transcript) At 8:30pm a motion was made and seconded by Crouch and Jones to close the Hearing. Discussion: Baker stated that he supported this facility. Winninger questioned if the OTB facilities have committed to be in the community a certain length of time. A 3-5 year lease would be undertaken. Ms. Adams commented that she was not in favor of this and that this type of facility was not in the best interest of Yorkville. Jones asked what the Yorkville Police opinion was. AYPD officer present said there had been no problems with the facility in North Aurora and it did not require any special security. Kraupner questioned if the amusement tax would be applicable to an OTB. Krysti will request the opinion of the City Attorney. Crouch said the material was well presented and this would be a revenue enhancer. A motion and second were made by Lindblom and Jones to approve the Special Use requested, subject to staff recommendations. Roll call: Kraupner-yes, Adams-no, Winninger-yes, Jones-yes, Baker-yes, Lindblom- yes, Holdiman-yes, Crouch-yes, Lucietto-yes. Passed 8-1. New Business: 4. Plan Commission meeting schedule for 2011. The meeting schedule for this Commission will continue to be the second Wednesday of the month. 3 Additional Business: Chairman Lucietto reported the Planning Consortium will meet November 30 to discuss the condition of the roadways. It will be held at the Historic Courthouse at 7:00pm. There was no further business and the meeting was adjourned at 8:35pm Adjournment: The meeting was adjourned at 8:35pm on a motion and second by Jones and Baker. Minutes by Marlys Young 4 PLAN COMMISSION MEETING UNITED CITY OF YORKVILLE, ILLINOIS r) WMAL REPORT OF PROCEEDINGS had at the public hearing portion of the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R . , on November 10 , 2010 , 2010 , at the hour of 7 : 00 p . m . , at 902 Game Farm Road in the City of Yorkville, Illinois . D-925710 REPO • COURT reporting service 1300 Iroquois Avenue,Suite 205 Naperville, IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail:depocourt@depocourt.com • www.depocourt.com 2 1 P R E S E N T : 2 MS . ANNE LUCIETTO, Chairman, 3 MR . TOM LINDBLOM, 4 MR . CLARENCE HOLDIMAN, 5 MR . MICHAEL CROUCH, 6 MS . SANDRA ADAMS, 7 MR . JACK JONES, 8 MR . CHARLES KRAUPNER, 9 MR . JEFF BAKER, 10 MS . JANE WINNINGER . 11 12 ALSO PRESENT : 13 Ms . Krysti Noble, Community Development 14 Director, 15 Ms . Marlys Young . 16 17 - - - - - 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 3 1 CHAIRMAN LUCIETTO : We have two public 2 hearings on the agenda for today . I am going to 3 ask that anyone who is going to speak, kindly 4 stand and raise your right hand and repeat after 07:OOPM 5 me . 6 (Witnesses sworn . ) 7 CHAIRMAN LUCIETTO : I ' d entertain a 8 motion to open our public hearings . 9 (Enter Mr . Baker . ) 10 MR . CROUCH : So moved . 11 CHAIRMAN LUCIETTO : Do we have a second? 12 MR . HOLDIMAN : Second . 13 CHAIRMAN LUCIETTO : All in favor say 14 aye . 5 (A chorus of ayes . ) 16 CHAIRMAN LUCIETTO : Not in favor, nay . 17 (No response . ) 18 CHAIRMAN LUCIETTO : We ' re going to open 19 PC 2010-12 , which is James Christofferson and oi:oipm 20 Jennifer Schwarz . 21 Is there someone here to present on 22 their behalf? 23 MR . KRAMER: I am. 24 CHAIRMAN LUCIETTO : Mr . Kramer . Depo•Court Reporting Service (630) 983-0030 4 1 MR. KRAMER : How are you doing this 2 evening? This property -- Krysti ' s highlighted it 3 in red on the map behind Mr . Crouch -- is located 4 on the south side of Van Emmon, and it seems like 07:012M 5 about 40 years ago when I had hair and first 6 started here it used to be kind of an overflow 7 yard for the Homer Dixon Implement Company . They 8 stored farm machinery down there before they would 9 bring it to their sales building, which was on the 07:01PM 10 west side of Route 47 right by the river . 11 Before that it had been a coal 12 plant , and after Homer Dixon, Keith Kushkowski 13 (phonetic) did radiator repair and so on down 14 there . He came to the City several years ago and 07:02PM 15 did a PUD for duplex and residential use , and 16 frankly, it just hasn ' t taken off or developed . 17 The owners do not have an end-user 18 in place, but given the current economy and with 19 the traffic getting heavier all the time on Van 07:02PM 20 Emmon, they felt that it might be a better use of 21 the property with a B-2 neighborhood business-type 22 designation . 23 Now, the good news on a B-2 type 24 neighborhood business is it ' s a lower impact-type Depo•Court Reporting Service (630) 983-0030 5 1 business . It ' s a destination; it ' s not a 2 McDonald ' s 24-hour restaurant . 3 One of the keys with the B-2-type 4 use, and I think Staff addressed, Krysti did well 07:02PM 5 in her Staff report to you and at Plan Council , 6 usually B-2 is the older-type downtown with 7 lot-line to lot-line coverage, and here we are 8 certainly not asking for that . We have agreed 9 that there would be a front setback . 07:032M 10 And if it turned out to be that type 11 of a destination place, it could be a dentist ' s 12 office, a realtor ' s office, a lawyer ' s office , 13 something in that nature, there would be no reason 14 that the parking couldn ' t even actually be at the U} ',, 3PM 15 rear of the building and have the building not 16 sitting right on Van Emmon, but , you know, the 17 setback from the street . 18 So we think it fits in with the 19 properties . The brown that Krysti shows on there 07:03PM 20 to the east are of the same type of zoning . I 21 think Cheryl Lee , who is either the owner or under 22 contract on one of the properties , came in at a 23 City Council meeting within the last two or 24 three months just to verify that they still had Depo•Court Reporting Service (630) 983-0030 6 1 the right to that kind of low impact business use 2 along Van Emmon, and was certainly encouraged by 3 the City Council . 4 So I ' d love to tell you we ' ve got an 07:03PM 5 end-user here tonight , we don ' t , but the type of 6 uses in a B-2 neighborhood are very, very 7 restricted . 8 We think it would be an asset to the 9 community, and that ' s how the property owners 07:04PM 10 would intend to market the property if you saw fit 11 to recommend positive zoning to the City, and we 12 have no problem with any of the recommendations 13 made by Staff . 14 MR . LINDBLOM : Dan? 07:04 PM 15 MR . KRAMER: Yes, sir . 16 MR . LINDBLOM : I am a little confused . 17 You indicated this property is the red? 18 MS . NOBLE : No, it ' s the three 19 highlighted in blue . 07:04PM 20 MR . KRAMER: I ' m sorry, my color -- 21 MR . KRAUPNER: It ' s the blue area . 22 MR . KRAMER: Yes . I ' m going to have to 23 do something with my eyesight at this stage . So 24 we ' ll be happy to answer any questions we can . Depo•Court Reporting Service (630) 983-0030 7 1 CHAIRMAN LUCIETTO : Okay . If you ' re 2 done, I will entertain a motion to close public 3 hearing PC 2010-12 . 4 MR . KRAMER: I don ' t know if there is 07:05PM 5 members of the audience here . 6 CHAIRMAN LUCIETTO : Oh, yes . Is there 7 anyone that wishes to speak on this particular 8 item? 9 MS . LAMBKE : I ' m not sure where it ' s 07.05VM, 10 located . I am on Van Emmon, but I ' m not sure 11 where it is . Where is it at? 12 MR . KRAMER: Mike, can you point? I 13 don ' t think I can get over the table there . 14 MR . CROUCH : These three parcels right 0-;:05PM 15 are here . 16 MS . LAMBKE : Is it west of Hydraulic or 17 east of Van Emmon? 18 MR . CROUCH : It ' s on East Van Emmon, 19 it ' s on the -- 07:052M 20 MR . KRAMER: It ' s east of Hydraulic . 21 MR . LINDBLOM : East of Mill also . 22 MR . CROUCH : East of Mill on the south 23 side of the road . 24 MR . BAKER : South of Hydraulic . Depo•Court Reporting Service (630) 983-0030 8 1 MR . CROUCH : Hydraulic is way up here . 2 MR . KRAMER: Oh, you know what? I ' m 3 thinking Heustis . 4 MR . CROUCH : We were a little confused 07:05PM 5 by that in the packet, but we kind of knew that 6 Hydraulic and Van Emmon are parallel . 7 MR . KRAMER: Heustis is the south one, 8 Heustis . 9 MS . LAMBKE : Yes . 07:06PM 10 MR . KRAMER: Show her where Heustis is . 11 MR . CROUCH : Heustis is way over here . 12 MR . BAKER : Find it on the map . 13 MR. LINDBLOM : Do you know where the old 14 right-of-way used to be? O7.06PM 15 MR . BAKER : It still is right-of-way . 16 MR . LINDBLOM : It ' s kind of where you go 17 back into what was the muffler repair place . 18 MS . LAMBKE : Okay . 19 MR . LINDBLOM : How about right across 07:06PM 20 from fire number 325 , the address right across 21 from there? 22 MS . LAMBKE : What is it now? Is it just 23 vacant land? 24 MR . KRAMER: Just vacant . Depo•Court Reporting Service (630) 983-0030 9 1 MS . LAMBKE : Huh? 2 MR. CROUCH : It ' s covered in trees , 3 it ' s -- 4 MR . LINDBLOM : It ' s wooded . 07:06PM 5 MR . CROUCH : -- very wooded . 6 MS . LAMBKE : So they are going to take 7 out all of the trees? 8 MR . BAKER : Most of them have already 9 been taken out . The property is -- You know the 07:06PM 10 landscaping place that moved in down there? It ' s 11 across the street from it . 12 MR . CROUCH : These three lots right 13 here . 14 MR . BAKER : Right . 07:06PM 15 CHAIRMAN LUCIETTO : Hang on, you guys . 16 I need you to state your name for the record and I 17 also need to swear you in because if you speak 18 during the public hearing, you must be sworn in . 19 MS . LAMBKE : Oh, I ' m sorry . 07:06PM 20 CHAIRMAN LUCIETTO : Is there anyone else 21 who believes they may speak during one of the 22 public hearings this evening? Kindly stand and 23 we ' ll go through this one more time, okay? I just 24 want to make sure that we -- So if you would raise Depo•Court Reporting Service (630) 983-0030 10 1 your right hand . 2 (Witnesses sworn . ) 3 CHAIRMAN LUCIETTO : Thank you . 4 MS . LAMBKE : I am on Van Emmon . I ' m 07:07PM 5 just not quite sure according to Mr . Kramer where 6 it ' s located . I am 339 East Van Emmon . 7 CHAIRMAN LUCIETTO : What ' s your name? 8 MS . LAMBKE : Susan Lambke . 9 CHAIRMAN LUCIETTO : There we go . Thank 07:07PM 10 you . 11 MR . CROUCH : Are you clear now where 12 it ' s located? 13 MS . LAMBKE : Yes . 14 MR . CROUCH : This is -- this is Mill , 07:07PM 15 this is Heustis . 16 MR. KRAMER : That ' s what I was thinking 17 she was referencing . 18 MR . CROUCH : It ' s right out here . 19 MR . JONES : Thank you, Vanna . 07:07PM 20 MR . CROUCH : You ' re welcome . No extra 21 charge . 22 CHAIRMAN LUCIETTO : Is there any other 23 questions or comment for this part of the 24 project? Depo•Court Reporting Service (630) 983-0030 11 1 (No response . ) 2 CHAIRMAN LUCIETTO : No? Okay . Then I 3 entertain a motion to close public hearing PC 4 2010-12 . 07:08PM 5 MR . JONES : So moved . 6 MR . BAKER : Don ' t we get to speak during 7 the public hearing? 8 CHAIRMAN LUCIETTO : No . 9 MR . BAKER : By law we do . And I ' ve been 07:08PM 10 saying for years we ' re wrong . 11 CHAIRMAN LUCIETTO : Okay . We have a 12 motion on the floor . Do we have a second? 13 MR . LINDBLOM : Second . 14 CHAIRMAN LUCIETTO : All in favor say 07:09PM 15 aye . 16 (A chorus of ayes . ) 17 CHAIRMAN LUCIETTO : Not in favor, nay. 18 MR. BAKER : Nay . 19 (A discussion was had off 07:12PM 20 the record . ) 21 CHAIRMAN LUCIETTO : And now, moving 22 along, I entertain a motion to open public hearing 23 PC 2010-13 for the Ultimate Sports Bar, Inc . on 24 behalf of Post Time Catering . Depo•Court Reporting Service (630) 983-0030 12 1 Do we have a motion to open? 2 MR. BAKER: So moved, Baker . 3 MR . JONES : Second . 4 MS . ADAMS : Second . 5 CHAIRMAN LUCIETTO : We have a motion and 6 second . All in favor say aye . 7 (A chorus of ayes . ) 8 CHAIRMAN LUCIETTO : Not in favor, nay . 9 (No response . ) 07:1_2PV! 10 MR . LINDBLOM : I think you might want to 11 explain . As I understand, this is going to be in 12 two parts . 13 CHAIRMAN LUCIETTO : Yeah . 14 MR . LINDBLOM : The first part is a 07:122M 15 text -- 16 CHAIRMAN LUCIETTO : Correct . 17 MR . LINDBLOM : -- change , and the second 18 part would be an actual change in zoning . 19 CHAIRMAN LUCIETTO : Correct . So 07:12pm 20 basically what we are looking for is a text change 21 to go from -- okay, I ' ll read the rest of this -- 22 It says Ultimate Sports Bar, Inc . , on behalf of 23 Post Time Catering, Inc . , petitioner, has filed an 24 application with the United City of Yorkville , Depo•Court Reporting Service (630) 983-0030 13 1 Kendall County, Illinois , requesting to amend 2 Title 10 , Chapter 7 , Article C of the Municipal 3 Zoning Code to define and identify licensed 4 off-track betting and intertrack wagering 07:13PM 5 locations or facilities as an allowed Special Use 6 within the B-2 General Business District , and for 7 this they are asking for only a text amendment to 8 make it -- to make it a legal activity. 9 MR . LINDBLOM : Make it legal . 07:13PM 10 CHAIRMAN LUCIETTO : Correct . Right . 11 And then we will be having further discussion at 12 another public hearing which will have to do with 13 the special use itself and the location . 14 So for right now it ' s just the text 07:131?M 15 amendment to the municipal code . Go ahead . 16 MR . KRAMER: For the record, Daniel J. 17 Kramer . I ' m representing each of the petitioners 18 tonight . On the text amendment, obviously it ' s 19 the enabling legislation that would allow us to 07:14PM 20 appear in front of you to ask for the special use , 21 so as petitioners , we ' re very much in favor of 22 that . 23 We think there is some real 24 positives for the City that , first of all, we Depo•Court Reporting Service (630) 983-0030 14 1 think it creates good revenue . We mentioned at 2 Plan Council when we were there, this area has had 3 a long history of being active in the standardbred 4 industry, which are the sulkey or the trotter, 07:14PM 5 pacer horses that run at night . 6 We have had three or four drivers 7 that have lived in this area and grown up in this 8 area, we ' ve got a number of breeders in the 9 two-county area , Kendall and DeKalb, that are out 07:14PM 10 here, we ' ve had a number of trainers out here . 11 We frankly have in Kendall County 12 the leading all-time harness driver, Dave Magee , 13 who has been at it for a long time and runs the 14 Sears catalog store over in Plano and has been a 07;15PM 15 long-time resident of the area . So there is a 16 nice connection with it . 17 The petitioners here are people who 18 are experienced with this operation, and you will 19 hear -- in the second hearing tonight , you will 07:15PM 20 hear hands-on that there have not been any type of 21 security, violence or negative aspect in any 22 community they are in, so we hope you look from 23 the Staff presentation tonight positively on the 24 ordinance or text amendment change, and then we ' ll Depo•Court Reporting Service (630) 983-0030 15 1 give our presentation during the second one . 2 Thank you . 3 CHAIRMAN LUCIETTO : All right . I ' m 4 going to ask Krysti to speak on behalf of the City 07:15PM 5 on this one . 6 MS . NOBLE : Sure . The text amendment 7 will identify off-track betting, or OTB 8 facilities , in a B-2 District, and the Staff makes 9 the recommendation that the B-2 would be the only 07:15PM 10 district that this would be located in . The 11 previous application you just heard, they were 12 rezoned a B-2 . 13 To clarify, the special -- the 14 conditions of their amended petition only allow 07:16PM 15 uses that were in effect as of the date that they 16 entered into an application, so an OTB would not 17 be permitted as a use on the lots on Van Emmon . 18 So that ' s one thing . 19 When we look at the B-2 District, 07:16PM 20 Staff did an analysis and found that their 21 criteria for citing an OTB facility, which is 22 handed down by the state actually through the 23 Illinois Racing Board, there were 77 parcels that 24 would be able to qualify in regards to their Depo•Court Reporting Service (630) 983-0030 16 1 location, near a school , near residences , 50 or 2 more registered voters , or near a house of 3 worship, and a school is defined as an elementary 4 school or secondary school, so not a daycare C", 16pm 5 facility . 6 When Staff did the review, we did 7 look at other communities , I contacted other 8 communities that have other uses of OTB uses , and 9 the four that I did contact , I did list out Aurora 10 is one , and they have the identified use as an 11 intertrack wagering facility and it ' s a special 12 use and it ' s allowed in their business and 13 manufacturing districts ; Mokena, they identify 14 them as off-track betting facilities , it ' s a 07:17PM 15 special use, and it ' s in their commercial 16 district ; and Buffalo Grove, it ' s also a special 17 use and they identify it in their business 18 district , and only one district . 19 So Staff ' s recommendation is if you 07:172M 20 do go forward with recommendation of this text 21 amendment , that it would only be allowed in the 22 B-2 District , that the definition would be 23 identified for an off-track betting facility as an 24 intertrack wagering facility or location licensed Depo•Court Reporting Service (630) 983-0030 17 1 by the Illinois Racing Board whose physical 2 premises , structure and equipment is utilized by 3 the legal wager on the outcome of a simultaneously 4 televised horse race taking place at an Illinois 07:18pM 5 race track or a track -- race track outside of 6 Illinois as prescribed by the Illinois Horse 7 Racing Act of 1975 as amended . 8 And the final recommendation of 9 Staff is that the off-track betting facility will 07:1822 10 be an ancillary use to a restaurant or food 11 establishment , and the OTB component of the 12 facility be no more than 45 percent of the gross 13 floor area . That ' s to maintain that this wagering 14 component does not become a primary use in any 07:18pM 15 location . 16 With those criteria set in place, 17 there is probably, out of those 77 parcels that 18 are zoned B-2 , about six that would qualify for an 19 OTB facility in the city, and that ' s Staff ' s 07:18pM 20 analysis . 21 CHAIRMAN LUCIETTO : Okay . Regarding the 22 text amendment, is there anybody that has any 23 questions about it either for the City or for 24 Dan . Depo•Court Reporting Service (630) 983-0030 18 1 (No response . ) 2 CHAIRMAN LUCIETTO : Okay . Okay . 3 Looking for a motion to close -- 4 MR. LINDBLOM : I would move to close the 07:19PM 5 public hearing . 6 CHAIRMAN LUCIETTO : Thank you . Do we 7 have a second? 8 MS . ADAMS : Second . 9 CHAIRMAN LUCIETTO : All in favor, say 07:19PM 10 aye . 11 (A chorus of ayes . ) 12 CHAIRMAN LUCIETTO : Not in favor, nay . 13 MR . BAKER : Nay . 14 CHAIRMAN LUCIETTO : Okay . 15 (A discussion was had off 16 the record . ) 17 CHAIRMAN LUCIETTO : Now I ' d entertain a 18 motion to open PC 2010-14 per our discussion 19 earlier . Do we have a motion, please? 07:29EIM 20 MR . JONES : So moved . 21 CHAIRMAN LUCIETTO : Do we have a second? 22 MS . ADAMS : Second . 23 CHAIRMAN LUCIETTO : All in favor, say 24 aye . Depo•Court Reporting Service (630) 983-0030 19 1 (A chorus of ayes . ) 2 CHAIRMAN LUCIETTO : We are now in public 3 hearing for PC 2010-14 , Ultimate Sports Bar, Inc . , 4 for the special use . 07:29FM 5 MR. KRAMER: I have no further . 6 CHAIRMAN LUCIETTO : Are there any 7 questions ? This one is for the special use . 8 Specifically, I ' ll read it into the record again, 9 as we did the other . Ultimate Sports Bar, Inc . , 07:29PM 10 on behalf of Post Time Catering, Inc . , Petitioner, 11 has filed an application with the United City of 12 Yorkville , Kendall County, Illinois , requesting a 13 special use within the B-2 General Business 14 District for the purpose of operating an off-track 07:29PM 15 betting facility . 16 The real property consists of 17 approximately three acres , located within the 18 Cimmaron Ridge, Towns Crossing development 19 immediately south of Route 34 and immediately west 07:30PM 20 of Cannonball Trail , Yorkville, Illinois . 21 Okay . For those that were sworn in, 22 does anyone have any questions? Do you have 23 anything, Dan? Okay, go ahead . 24 MR . KRAMER: Sure . Depo•Court Reporting Service ( 630) 983-0030 20 1 MR . CROUCH : You asked that question? 2 CHAIRMAN LUCIETTO : You indicated you 3 hadn ' t , so okay . 4 MR . KRAMER: Just briefly, Dan Kramer, 07:30PM 5 appearing on behalf of both petitioners for the 6 special use . In terms of location, for the 7 record -- because she ' s got to have that word 8 picture -- we ' re at the southwest corner of the 9 intersection of Cannonball Trail and Route 34 , and 07:30PM 10 the -- again, if my color fails me, the purple 11 halo that Krysti drew on the map was the state 12 halo that you had to draw and check on registered 13 voters , and that was one of our first steps . In 14 fact , the number was below 40 of registered 07:31PM 15 voters , so it wasn ' t a special-type notice that 16 had to go out , but we were mindful of that . 17 The L-shaped building that appears 18 at the top of that southwest corner of the 19 intersection is where the proposed facility would 07:31PM 20 go . 21 Now, in past times that bar that was 22 at the top leg of it, the closest to 34 , was known 23 as the Big Easy, and that has changed . 24 Steve Koulis , the operator of Depo•Court Reporting Service (630) 983-0030 21 1 Ultimate Sports Bar, is here tonight , and when I 2 mentioned the petitioners here have had some past 3 experience , Steve was involved in both the Mokena 4 bar where the off-track betting facility was 07:31PM 5 located, and more recently is associated with the 6 Foundry, which is over by Fox Valley Villages in 7 Aurora . 8 I think the one that maybe some of 9 you -- given geographics here and as far as ease 07:31PM 10 to get to from this area, there is one off of 11 Randall Road right between North Aurora and 12 Aurora . 13 And again, when they first went to 14 North Aurora years ago, it was an old Hilton Inn 07:32PM 15 right by the Tollway on Route 31 . It was an 16 incredibly controversial subject . It was the 17 first one in the area, and North Aurora had a lot 18 of experience with it . It was positive . It 19 brought no criminal element to town . 07:32PM 20 It ' s the type of use that if some 21 people don ' t believe in gambling, I know there is 22 people who very strongly are abhorred that the 23 State of Illinois runs a lottery, that it runs 24 gambling . It ' s the type of facility that one does Depo•Court Reporting Service (630) 983-0030 22 1 not have to go to, they ' re not forced to go to, 2 but the facilities are set up so there is a total 3 break between this use and the food serving areas 4 of them. 07:322M 5 If you went to the one in North 6 Aurora, it ' s a lovely upper-end restaurant and has 7 the OTB facility behind it totally separated off . 8 Here the design is in kind of the 9 corner of the building going south from the light 07:33PM 10 that Steve operates Ultimate Sports Bar currently, 11 and what they ' re doing is they ' re taking one of 12 those units that ' s tucked kind of in the corner on 13 the north/south access that frankly hasn ' t been 14 occupied since Moe Kapadia had built the center . 07:33PM 15 It doesn ' t have good exposure . 16 That ' s where the OTB facility is 17 going to be remodeled and put in . It will have a 18 separate exterior entrance, and frankly, when that 19 facility is closed, there would be glass doors and 07:33PM 20 security that would separate the OTB from the 21 restaurant facility . 22 Steve ' s taken the restaurant and 23 turned it from being a rather younger age group in 24 there to a totally family-oriented setting these Depo•Court Reporting Service (630) 983-0030 23 1 days . 2 It is a sports bar, they have tons 3 of televisions in there, they have a lot of the 4 youth sporting groups come there and use the 07:33PM 5 facilities with their parents , and he ' s been very 6 successful , so he certainly doesn ' t want to 7 introduce any use that interferes with the 8 business that he has . 9 They have two times that they get 07:34P9 10 use in terms of people who are interested in 11 racing, the thoroughbreds are during the day, the 12 harness horses start about seven o ' clock at night , 13 and Jeff Kras , who is here from the track 14 facility, can explain how they operate the 7':34 P-5 15 facility, the security they have, and the revenue 16 share that would be for the local communities on a 17 state basis . 18 But again, we think it ' s a positive 19 to the community . I think your Economic 07:-42M 20 Development Director is going to tell you tonight 21 that you have some other communities who would 22 love to have this use come to them and not to the 23 City of Yorkville . 24 Jeff, some of the concerns you had Depo•Court Reporting Service (630) 983-0030 24 1 about multiple locations available for it, it ' s 2 not like two car dealers or Burger King and 3 McDonald ' s together . You ' ve got to pass the 4 hurdle to get the state license , number one , and 07:35PM 5 there is simply -- even a town the size of Aurora, 6 you don ' t have two of them on top of one another 7 competing . You ' ve got to have a market share and 8 a market area, and this would service an entirely 9 different market area . 07:35PM 10 So we hope you look favorably upon 11 it . I ' m going to let Jeff talk about the actual 12 OTB facility itself, and then we ' ll be happy to 13 answer any other questions we can . Thank you . 14 MR . KRAS : Good evening . My name is 07:35PM 15 Jeff Kras . I am with Hawthorne Race Course . The 16 off-track betting network was initiated back in 17 late 1980 ' s, as we represented before . I think 18 they ' re just shy of 30 venues that are currently 19 licensed in Illinois . 07:35PM 20 The one thing, for purposes of 21 competition, it ' s unlikely that there would be 22 more than one applicant for purposes of a 23 Yorkville venue . When you look at the 24 organizations that can operate these types of Depo•Court Reporting Service (630) 983-0030 25 1 venues , it ' s limited to race tracks , which is what 2 was represented . There are six in Illinois . 3 Fairmount and Quad City Downs , which 4 are to our western and southern perimeters , would 0 :3'.aq 5 not be eligible for purposes of opening up a venue 6 here in Yorkville because I believe, as the 7 statute states , a venue has to be within it ' s 8 either 130 or 135 miles of your home venue, which 9 in our case is Hawthorne Race Course , so that 07:36PM 10 would preclude both Fairmount and Quad-City Downs 11 from opening a venue here, so that would leave 12 Arlington and Balmoral and Maywood Park . 13 However, it ' s really a small group . 14 We ' re not looking to compete with one another . 07:36PM 15 We ' re all supporting the same product ; that being 16 horse racing . 17 When you look at -- when you look at 18 these venues supporting horse racing, it ' s not 19 just supporting that Hawthorne Race Course, it ' s 07:36PM 20 supporting everyone within the state of Illinois , 21 the breeding industry, the trainers , the owners , 22 the riders , the race tracks . It ' s not just 23 supporting Hawthorne, it ' s supporting Arlington 24 Race Course . So it ' s not in our best interests to Depo•Court Reporting Service (630) 983-0030 26 1 compete against us here in Yorkville or any other 2 venue . 3 I know Aurora comes to mind for 4 purposes of North Aurora, our other venue, which 07:37PM 5 is at the Foundry, is really on the boundary of 6 Naperville and Aurora, so you can call it two in 7 Aurora, but it ' s really -- it ' s really in a 8 separate area, so there is really -- there is no 9 idea that there is going to be any issue of 07:37PM 10 competition here in Yorkville . 11 But for purposes of our venue, over 12 the past several years , all of the tracks have 13 looked to develop a strategic alliance with 14 existing operators to complement a business ; in 07:37PM 15 this case , it ' s the Ultimate Sports Bar . We are 16 not the main attraction . We are there to, as I 17 said, complement an existing business , business 18 plan . 19 This operation is regulated by the 07:37PM 20 state . We take it very seriously . This sport has 21 full integrity . If it ' s not , we find it and we 22 rectify it . 23 For the purposes of our operations , 24 our operations , we do open up our doors about Depo•Court Reporting Service (630) 983-0030 27 1 11 o ' clock, we normally go to the last Illinois 2 race , in Illinois , which is the harness , and it 3 normally concludes somewhere around midnight or 4 before . 07:38PM 5 For purposes of security, everything 6 we do, everything we do, every transaction that ' s 7 made, is observed and audited by the State of 8 Illinois daily . We do our own audits internally . 9 It ' s a system that on a national -- Actually it ' s 07:38PM 10 a hemisphere balancing system whereby the 11 integrity of the information is at our disposal at 12 any given point in time . 13 I can -- an individual , just as an 14 example , in California, that ' s wagering on one of 07:38PM 15 my races , I can tell you what window he went to to 16 make that bet , the amount of the bet , the horse 17 that he bet on, the type of wager made . That ' s 18 how much information is available to us to ensure 19 that no one manipulates the system. 07:39PM 20 For purposes of security, we are 21 going to have surveillance in and outside of our 22 venue . I ' m not going to represent that we haven ' t 23 come without incident in some of our other venues . 24 We are in a business that obviously manages money . Depo•Court Reporting Service (630) 983-0030 28 1 We have money on premises just like a bank or any 2 other business , so we take -- we take a lot of 3 sensitivity towards ensuring our patrons , along 4 with our employees , are in a safe environment . 07:39PM 5 We ' ve got protocol in place 6 internally with our security systems , with our 7 surveillance systems , in conjunction with the 8 village for purposes of police protection . Some 9 of our satellite venues , joint ventures we ' ve :)-: 9M, 10 mentioned, Mokena, Naperville, Aurora, we have 11 what ' s called a fob system. 12 All of our managers and all of our 13 employees carry a key chain that looks like your 14 automatic control for your car to open up a door . o7:30pM 15 If there is a hint of any -- any, any, any danger 16 whatsoever, they activate that panic button and 17 hopefully there will be a response within minutes 18 for purposes of the village police . 19 In my tenure with the off-track 07:40PM 20 betting parlors , of course we have incidences , 21 we ' ve had -- we ' ve had a couple of robberies . 22 I ' ve been in business for 20 years ; I know of only 23 one robbery where they were successful . I know of 24 other attempts for purchases , but this is going to Depo•Court Reporting Service (630) 983-0030 29 1 go along with any business patrons potentially may 2 be set to upset the environment . 3 We are aware of our environment and 4 we take necessary precautions to ensure the safety 0,40om� 5 and integrity of both of our patrons and our 6 employees . We take it very, very seriously . 7 I think when you look at -- our 8 books are open to anybody . When you look at our 9 liability claims , experiences with respect to our 07:40PM 10 on-track operations or off-track betting venues , I 11 think you ' re going to find a very clean record for 12 purposes of incidences because they ' re not there . 13 We do -- we do ensure the integrity of the 14 environment . 07:41PM 15 I don ' t know if there is any other 16 questions , I mean, this is -- this is a legitimate 17 business that we take seriously, that ' s licensed 18 by the State of Illinois , that ' s audited by the 19 State of Illinois , and it ' s hopefully a venue 07:41PM 20 that ' s going to invest in this community for 21 purposes of what we would contribute not only to 22 the municipality, but also to the -- to Kendall 23 County as well . 24 CHAIRMAN LUCIETTO : Are there any Depo•Court Reporting Service (630) 983-0030 30 1 questions in the audience? I think you had one, 2 right? If you would, when you stand up, we are 3 recording this with the court reporter, and I ' ll 4 need you to state your name and your address , 07:41PM 5 please . 6 MR. LAPORTA: Sure . My name is Jim 7 LaPorta, I live at 524 Poplar in Yorkville, and I 8 can appreciate the presentation and the industry 9 you are affiliated with, but I do have a couple of 07:41PM 10 questions so that I can have a better 11 understanding of what is it you want to 12 accomplish . 13 You mentioned some criteria where 14 you could not site these off-track betting 07:42PM 15 facilities , schools being one and, you know, a few 16 others . 17 The facilities that you looked into 18 that were in Mokena and North Aurora and in other 19 locations , my question is did those facilities 07:42PM 20 establish themselves after those communities were 21 more fully developed than we are here in 22 Yorkville? That ' s one question . Does anybody 23 have an answer for that? 24 MS . NOBLE : Yes . I can tell you from my Depo•Court Reporting Service (630) 983-0030 31 1 research with Buffalo Grove, they approved theirs 2 just last year . They were located within an 3 apartment complex and they did have to -- they 4 actually did a separate meeting with the 07:42PM 5 members -- or the residents of the apartment 6 complex to let them know about the operation, how 7 it worked, the hours , things of that nature . 8 It went into an existing bar and 9 grill kind of similar to the location here, and 07:43PM 10 they had their public hearing, they presented, and 11 in my memo, they did present a very thorough, 12 vetted interview and survey of other communities 13 in regards to police calls for service, that was 14 found they were low in incidence and frequency . 07:432M 15 It ranged from, you know, volume -- 16 low volume to like keys being locked out, 17 drunkenness, things you would, you know, 18 associate , so yes , there have been some that were 19 done further along when the community was 07:43PM 20 established. 21 MR . LAPORTA: So it would be fair to say 22 then that a lot of those facilities have only -- 23 have established themselves as communities , have 24 already developed based on your response, is that Depo•Court Reporting Service (630) 983-0030 32 1 correct? I want to make sure I understand . 2 MS . NOBLE : From the ones that I 3 researched, but if you look, there are some that 4 have been around since , let ' s see , within the late 07:43PM 5 80 ' s , early 901s , in communities like Orland that 6 was still growing, Orland Park . 7 MR. LAPORTA : I used to live in Orland 8 Park . I am familiar with that area . 9 The other question I have to 07:44PM 10 follow-up with that , since Yorkville is in the 11 process of developing and the brakes have been put 12 on recently because of economic conditions , has 13 any thought been given if you approve this 14 facility what other types of facilities you may be 07:44PM 15 able to put into those vacant storefronts or the 16 surrounding area? 17 Would this facility deter other 18 industries or businesses from coming here or would 19 you only attract like-industries? Not 07:44PM 20 necessarily additional off-track betting, but 21 other industries that may be compatible with this 22 type of business . 23 CHAIRMAN LUCIETTO : I think -- you want 24 to answer this one? Depo•Court Reporting Service (630) 983-0030 33 1 MS . DUBAJIC : I ' d like to address that . 2 I am Lynn Dubajic and I am the executive director 3 of the Yorkville Economic Development 4 Corporation . 07:45pm 5 I can tell you that one of the 6 things that I was hearing you say is about the 7 development of the community, and the surrounding 8 area around this particular property has been 9 identified, so it ' s not in an area that there 07:45PM 10 might be expansive farm areas , that , you know, we 11 don ' t know what will happen . 12 While there might not be a physical 13 building on a certain location, you certainly know 14 what ' s going to happen on the surrounding parcels , 07:45PM 15 so we already know that we ' ve got the major 16 shopping center across the street , Kendall 17 Marketplace . 18 Now, I ' d like to speak to them 19 particularly because I think that ' s what you ' re 07:45pm 20 really focusing on, just the B-3 in general , okay? 21 Actually the businesses really are very, very 22 welcoming to the idea of this because this use 23 will bring people not only from Yorkville and from 24 Kendall County, but perhaps from other areas, into Depo•Court Reporting Service (630) 983-0030 34 1 Yorkville and those individuals have a high 2 possibility of spending other dollars in 3 Yorkville , so actually it will help us attract 4 further -- let ' s use an example of restaurants , 07:46PM 5 for the outlots over at Kendall Marketplace . 6 I already have had calls with the 7 information that this is a possibility of other 8 restaurants, national sit-down restaurants , that 9 are actually looking at us now because they know 07:46PM 10 that now there will be other people coming to our 11 community, and they know that now there is a 12 higher chance of their success because of this 13 business , so it ' s actually quite the opposite . 14 MR. LAPORTA: Why would that be? If 0 Y,a46�M 15 they ' re going to serve food, and I am assuming 16 there would be alcoholic beverages as well in a 17 betting facility right on-site, why would this 18 owner want to encourage somebody to bet there , but 19 then go across the street to eat? I don ' t see the 07:97PM 20 connection . 21 MS . DUBAJCIC : It is not -- it is not 22 this owner trying to encourage that, I ' m just 23 saying there are other restaurants that understand 24 what an OTB brings to a community and that they Depo•Court Reporting Service (630) 983-0030 35 1 now feel stronger about the fact that they will do 2 better because -- An example is if you would like 3 to frequent an OTB, maybe you eat there one day 4 and maybe the next time you come you want to go to 07:47PM 5 another restaurant , but you ' re going to go to the 6 OTB, so it ' s actually a strengthening of numbers 7 of people coming to the community, so it really 8 does allow for us to have a greater advantage with 9 our other property that ' s got commercial zoning on 07:47PM 10 it for other restaurants , other businesses . 11 I know that the folks over at Dick ' s 12 Sporting Goods are really excited because now 13 people will be coming in, that is their same 14 market , people will come and spend more money at 07:48PM 15 the Dick ' s Sporting Goods , so actually it has 16 actually worked the opposite way . 17 MR . LAPORTA: I would love to see the 18 statistics that show the fact that that actually 19 occurs . 07:4apM 20 MS . DUBAJCIC : Well , I ' m not showing 21 statistics , I ' m just telling you about what I have 22 experienced since the information has been out 23 there, the calls that I am receiving . 24 MR . LAPORTA: Again, I ' d love to see the Depo•Court Reporting Service (630) 983-0030 36 1 numbers . 2 CHAIRMAN LUCIETTO : Krysti has something 3 for that . 4 MR . LAPORTA: Another question . 07:48PM 5 MS . NOBLE : Let me just clarify 6 something . I said Orland . I ' m sorry, I meant 7 Crestwood . Crestwood . And also Waukegan, they 8 had their first -- one to open their first OTB 9 that opened in 1988 and Peru in 1992 , I don ' t 07:48PM 10 think they were fairly established then, and 11 Rockford in 187 , so there have been communities -- 12 and these locations in most of these communities , 13 they are still open . 14 MR . LAPORTA: My point I was trying to 07:482m 15 make is that my concern if you approve this , there 16 is a lot of other issues I am concerned with, but 17 my concern is that you would attract -- you would 18 possibly deter other businesses from coming to 19 this community that may be more appropriate for 07:49PM 20 the residents that live here, and we ' ll get 21 businesses that would not be as appropriate, and 22 I ' m thinking in terms of -- you know, you have a 23 medical complex right down the road with 24 Rush-Copley and they are expanding, and I don ' t Depo•Court Reporting Service (630) 983-0030 37 1 know what their long-range plans are, but , you 2 know, I don ' t know if this would have a negative 3 impact on them as far as altering their plans 4 being down the street from an off-track betting 0 7:40PM 5 facility, and again, I don ' t know where they ' re 6 headed with that -- with their business , but I 7 just don ' t see the connection, and because we ' re 8 growing and you have vacant stores in this 9 community, and most of the communities that you 10 mentioned were fully established when they 11 accepted off-track betting facilities , so the 12 existing business was already there, they didn ' t 13 really deter anyone from leaving, but they already 14 had other businesses in their community, where in 07:50PM 15 Yorkville . You are still growing and attracting 16 new business , and my question is will this 17 facility deter those other businesses from coming 18 in . 19 MS . NOBLE : The research that I have and 07:50PM 20 from the actual conversations I had with locations 21 that have businesses , this use brings about 22 special events that happen two or three times a 23 year that bring in hundreds of thousands of 24 people , and a lot of their revenue is made during Depo•Court Reporting Service ( 630) 983-0030 38 1 those special events , the Breeders ' Cup, Triple 2 Crown, things of that nature, so they bring in 3 money outside of the community that wouldn ' t have 4 been there if another user was there . 07:5OPM 5 Again, the text amendment limits 6 these to it as a secondary use , so there would 7 always have to be a primary use of a restaurant to 8 support this type of use , so they can never just 9 come in and be a primary use in the community . 07:50PM 10 MR . LAPORTA: I -- 11 CHAIRMAN LUCIETTO : Dan, do you want to 12 address this? 13 MR . KRAMER: Sure . I think in one sense 14 I can -- you know, I ' m not going to convince 07:512m 15 Mr . LaPorta, he doesn ' t like the use , and there is 16 some people that genuinely don ' t, and that ' s okay . 17 Again, it ' s not a network TV that you ' re forced to 18 flip and watch . If you don ' t want to go there , 19 you certainly don ' t . 07:51PM 20 But in terms of how it will affect 21 the local business , the gentleman who built this 22 particular center, Moe Kapadia and his wife, Rose , 23 they have spent a lot of money over the years in 24 town, they did Pride Pantry on 47 , took an old Depo•Court Reporting Service (630) 983-0030 39 1 just dilapidated building and built a nice 2 business there, they built this center and then 3 they started the deli on the easterly wing, the 4 bottom of the L, and they sold that to another 07:51PM 5 user as far as the business , but they still own 6 that entire building, and they believe it ' s not 7 going to be a detriment to their six or seven 8 other rental spaces . 9 And again, we ' ve got the First 07:52PM 10 National Bank of Ottawa bought the location they 11 did for Moe and Rose right on the southwest 12 corner, and again, they have not registered any 13 objection with us at all . 14 So again, I can ' t say it ' s going to 07:52PM 15 please everybody, but yeah, we ' ve looked at the 16 local business community, and again, although Jeff 17 isn ' t involved with that one on the west side of 18 Aurora and Randall , it is more this type location 19 where you ' ve got a corner that ' s zoned -- actually 07:52PM 20 it ' s heavier than this , it ' s zoned B-3 , it ' s got 21 some restaurant businesses , but the halo around it 22 is totally undeveloped and it ' s zoned residential , 23 so really it ' s a more developing area than this 24 one is . Depo•Court Reporting Service (630) 983-0030 40 1 Here, like Lynn pointed out , we ' re 2 closed in . The uses are going to be more intense 3 in terms of zoning than this will be in terms of 4 impact . 07:52PM 5 The other thing I don ' t believe Jeff 6 mentioned, but when they have these special events 7 like Krysti talked about , we ' re certainly not 8 standing up and telling you that the parking lot 9 might work for a Derby day or a Breeders ' Cup like 07:53PNI 10 we just had Saturday, but what they ' ve had in 11 other communities is they have had a working 12 relationship with Menards where they ' ve had 13 overflow park.^_ng with trolleys . 14 They fully intend to contact Menards 07:53PM 15 and Yorkville Market , which is right across the 16 street , so there is some cross-use there . 17 I think the type of business Lynn is 18 talking about is not only the food industry, but 19 you get carry-overs with gas stations , just normal 07:53PM 20 things that as we are all driving through we tend 21 to stop at . 22 MR . LAPORTA: I appreciate the 23 explanation . I don ' t know if it would be 24 appropriate for me to state my personal feelings Depo•Court Reporting Service (630) 983-0030 41 1 towards this at this point . 2 CHAIRMAN LUCIETTO : You are welcome to 3 do that . We do have another gentleman who wishes 4 to speak, too, so if you do that, that would be 07:53PM 5 fine . 6 MR. LAPORTA: I am against this facility 7 being sited in the City . 8 CHAIRMAN LUCIETTO : Okay . Thank you 9 very much . Lynn, did you have anything else? 07:53PM 10 MS . DUBAJCIC : I just wanted to speak to 11 Rush-Copley because you spoke to that . So at this 12 time we are gearing up for the free-standing 13 emergency room and actually then doing the 14 stormwater to get prepared for that , and they will 07:54PM 15 be breaking ground on that free-standing ER come 16 spring, and it ' s always fully been the intention 17 as our -- as their market area grows , because that 18 again is under the jurisdiction of the State of 19 Illinois , the Illinois Facility Planning Board 07:54PM 20 that decides that, and as our community grows , as 21 Kendall County grows , for Yorkville to have a 22 hospital . 23 So the next step is the 24 free-standing ER, which we have been approved for Depo•Court Reporting Service (630) 983-0030 42 1 and which they are going to break ground on, and 2 then hopefully someday as the community ' s 3 population grows , to actually have a bed tower, so 4 we would actually have a hospital bed site . 5 They are very aware of what ' s 6 happening and what we ' re discussing today and it 7 has absolutely nothing -- no implications 8 whatsoever on their plans or limiting it or 9 changing it or timing, whatsoever . 07:55PM 10 CHAIRMAN LUCIETTO : Okay . Fred, it is 11 now your turn . Thank you very much . 12 MR . DuSELL : Fred DuSell . I am a 13 resident of Yorkville . 14 Just over a week ago I was asked by 07:55PM 15 an alderman and then subsequently another alderman 16 my opinion on this process . I served prior, Anne, 17 you know that I was on the Citizen ' s Advisory 18 Committee for the Planning Commission for the 19 future plans . 07:55PM 20 I had no opinion at the time, but I 21 told the one alderman that asked me what my 22 opinion was I would check with -- I lived in North 23 Aurora for 30 years prior to moving to Yorkville 24 and I am fortunate to have friendship with the Depo•Court Reporting Service (630) 983-0030 43 1 mayor of Yorkville -- or Plano -- or North Aurora, 2 Dale Berman . 3 I called Dale and he gave me some 4 very succinct information on the Turf Room up 5 there, and he was also mayor back when the OTB 6 opened up by the old Hilton at the Tollway, and he 7 gave it a ringing endorsement . 8 There was questions from our 9 alderman here about the clientele ; Dale mentioned 07:56PM 10 to me that they have nothing but the most upscale 11 clientele at their facilities up there . 12 There is little to no crime, so 13 there would be very little police service at an 14 OTB facility, if it goes according to what North 07:56PM 15 Aurora does up there, if we do the proper 16 background checks like they do up there . 17 It ' s unique income to Yorkville , 18 which is not what we ' ve been seeing around here . 19 We always see competing income . We bring in 07:56PM 20 stores that compete with other stores . OTB would 21 be a unique income source for us , and he said it 22 works well for them up there as far as bringing in 23 revenue for them. 24 Now, I think the Foundry also offers Depo•Court Reporting Service (630) 983-0030 44 1 comedy and different entertainment venues up 2 there . Dale mentioned to me that the gambling 3 part of that , the racetrack part , is almost an 4 aside to the restaurant and entertainment venues 07.572M 5 up there, and I would hope that Mr . Koulis would 6 gradually work into that with his business plan . 7 So anyway, I totally endorse that 8 from Dale ' s recommendation up there in North 9 Aurora . He totally gives it a ringing endorsement 07:57PM 10 up there and I support it , too . Enough said. 11 MR . KRAS : If I can perhaps just make a 12 couple more comments , and I ' ll keep it very brief 13 just from what I ' m listening to here . 14 The one in North Aurora, which was 07:57PM 15 under our management just shy of a year ago, is a 16 first class facility . It ' s a beautiful venue, 17 very upscale , the restaurant itself, but that ' s 18 what we are looking to do here . 19 We want to make a first class 07:58PM 20 investment to complement what Steve ' s already 21 accomplished here . This is not going to be a 22 shady environment whatsoever; this is going to be 23 a first class environment . 24 The other thing I want to say for Depo•Court Reporting Service (630) 983-0030 45 1 purposes of existing businesses , our Joliet 2 facility, which is located at 2450 Jefferson 3 Street , about 25 miles , 20 miles southeast of 4 here, that original venue, which opened I think 07:58PM 5 back in 1990 , is in Jefferson Square Mall . We 6 were the single largest tenant at the mall . 7 Menards , who had a presence on that 8 property, wanted to develop a Super Center and we 9 were kind of in the way because we were the only 07:58PM 10 remaining tenant . They asked us to move because 11 they wanted to develop a Super Center in 12 conjunction with a Super Wal-Mart as well . 13 They wanted us to move because they 14 wanted to move in a new venue that they were 07:59PM 15 creating on their property because of the traffic 16 that we drew, so they built us a 15 , 000 square 17 foot venue, which we are currently leasing from 18 Menards , and if you go into that center, you ' ve 19 got a super Wal-Mart , you ' ve got a Super Menards , 01:59PM 20 and you ' ve got Joliet OTB right in the center . 21 It ' s a first class venue . So I 22 encourage you to take a look at those venues to 23 see what we have accomplished . 24 MS . LAMBKE : I have been to the one -- Depo•Court Reporting Service (630) 983-0030 46 1 CHAIRMAN LUCIETTO : Your name again . 2 MS . LAMBKE : Susan Lambke . I have been 3 there many, many times and I ' ve gone with my 4 girlfriends for cocktails . You do not -- I do not 01:59PM 5 hear the betting next door, and it ' s open . I 6 mean, there is a wall , you can walk in, there is 7 nothing . It ' s not a solid wall . And you don ' t 8 know anybody is in the room. 9 MR . KRAS : Which venue is this? 07:59PM 10 MS . LAMBKE : The Turf Room. You can be 11 in the dining room and you don ' t hear the 12 off-track betting at all . It is very, very nice . 13 It would bring money to the city . 14 CHAIRMAN LUCIETTO : Thank you . 08:OOPM 15 MS . DUBAJIC : I have two other things I 16 wanted to mention . When this site was operating 17 as the Big Easy and then Bourbon Street , the 18 amount of jobs that were coming out of that were 19 probably about four or five jobs , and with this 08:OOPM 20 type of operation, we ' re going to see close to 30 21 jobs being created, so I just wanted to speak to 22 that because we are also mindful about our 23 neighbors and our friends and our family members 24 that are out there looking for employment, and Depo•Court Reporting Service (630) 983-0030 47 1 this would really create an opportunity for new 2 jobs in our town, number one . 3 And, number two, I also wanted to 4 mention that our neighboring communities have 08:002M 5 called me and mentioned how much they are coveting 6 the fact that we ' re doing what we ' re doing tonight 7 because they would love for their town to be 8 selected. 9 So I feel very fortunate that we ' re 08:01PM 10 able to have this conversation because along with 11 the job creation, the synergy of this business and 12 actually the income strength that it will bring to 13 the City of the Yorkville , they are all very, very 14 positive . 08:01PM 15 CHAIRMAN LUCIETTO : George? 16 ALDERMAN GILSON : First of all , I ' d like 17 to speak as a resident , number one . 18 CHAIRMAN LUCIETTO : State who you are . 19 ALDERMAN GILSON : George Gilson, 498 08:012M 20 Sunflower Court in Yorkville . 21 CHAIRMAN LUCIETTO : Thank you . 22 ALDERMAN GILSON : I ' d like to speak as a 23 resident, number one . I have a few questions . If 24 either the city or the board up there feels I Depo•Court Reporting Service (630) 983-0030 48 1 should be excluded from asking these questions , 2 please let me know now . 3 The questions I have are several , 4 and there are a couple of things I ' d like to 08:01PM 5 address that were mentioned and ask for some 6 specifics , but the first one is would you agree 7 that off-track betting facilities are gambling 8 facilities and gambling facilities breed 9 detrimental habits , addictions and other community 0e:01PM 10 and societal issues? 11 MR . KRAMER: First , I think it ' s 12 certainly gambling just like the lottery or bingo 13 at church or anything, George . No question there . 14 The second one is I think a totally 08:02pm 15 inappropriate question and I would tell him not to 16 answer that . 17 ALDERMAN GILSON : You ' re saying you 18 don ' t want to answer that question? 19 MR. KRAMER: No, because then you ' re 08:02PM 20 just saying if you have a beer, that means you are 21 an alcoholic . There is no -- that ' s not A and B . 22 It ' s not a logical statement . 23 ALDERMAN GILSON : No, I ' m asking if you 24 would agree that gambling facilities do have the Depo•Court Reporting Service (630) 983-0030 49 1 tendency to breed those sort of addictions and 2 detrimental habits . 3 MR . KRAMER : No more than being born 4 dooms you to a life of crime or theft . No , those 08:02PM 5 just aren ' t -- one doesn ' t flow logically from the 6 other . 7 ALDERMAN GILSON : Okay. 8 MR . KRAMER: I ' m not trying to be a 9 smart aleck . 06:02,M 10 ALDERMAN GILSON : That ' s okay . I have a 11 couple other questions . I was under the 12 impression that facilities that apply or petition 13 to Yorkville have to be able to accommodate their 14 customer base with parking . 08:022m 15 MR . KRAMER: Sure . 16 ALDERMAN GILSON : And it ' s my 17 understanding that this parking facility 18 potentially will not accommodate the customer base 19 and that the p'.an above and beyond the parking o8:o3pm 20 that ' s there is to rent a parking fact :!_ity from a 21 Menards or a place similar to Menards and trolley 22 back people back and forth from Menards to this 23 facility . 24 What type of precedent does that set Depo•Court Reporting Service (630) 983-0030 50 1 for future petitioners when they don ' t have enough 2 parking to accommodate their customer base and 3 they can say to a city such as Yorkville, hey, 4 well , we don ' t have enough to accommodate, but 08:03PM 5 we ' ll rent space in another area and trolley 6 people back and forth? 7 How many times can we hear that in 8 the future and get around the fact that we don ' t 9 have enough parking to accommodate this facility 08:03PM 10 or any facility that may petition to Yorkville? 11 MR . KRAMER: Well , that -- 12 MR . KRAS : What you are referring to, 13 however, is limited to no more than four days per 14 year, and possibly no more than two days per year . 0 :C::3r-P,�r 15 If you had a Triple Crown 16 participant where they are going to go the whole 17 length, you may have three events , but otherwise 18 it would be the Kentucky Derby, which is the first 19 Saturday in May, and then the Breeders ' Cup, which 08:04PM 20 just happened last week, so two or three days . 21 MR . JONES : Not only that, as a PUD or 22 whatever, it would have to come -- it ' s a special 23 use or PUD, it would have to come -- each one , 24 each incident , would have to come before us as a Depo•Court Reporting Service (630) 983-0030 51 1 separate incident or as a separate case . 2 We don ' t sit there and -- Yeah, we 3 can say yeah, there was a precedent set here, but 4 you ' re -- you ' re -- if you ' re coming before us , 08:042M 5 that ' s a whole separate case and we would take it 6 on a case-by-case basis . 7 ALDERMAN GILSON : I guess I don ' t 8 understand, maybe you can clarify . If the 9 petitioner admits that there may not be enough 08:04PM 10 parking here, whether it be one or four or all 11 year long -- 12 MR . KRAMER: No, we do . We ' re not 13 quarreling with that . 14 MS . NOBLE : But I am. For the use, its 08:04PM 15 daily operations , the site has 97 spaces plus four 16 handicapped accessible spaces . Per our ordinances 17 and our regulations , we -- and there is six 18 existing tenants in this L-shaped unit , there is 19 enough on-site parking to accommodate their daily 08:05PM 20 operations of the sports bar . 21 However, when the special events 22 come , that ' s when they are going to have to 23 provide a plan per my recommendations , they ' re 24 going have to provide a plan. to the City no more Depo•Court Reporting Service (630) 983-0030 52 1 than 15 business days before the event laying out 2 not only the traffic pattern, the parking 3 locations , they ' re going to have to execute an 4 agreement with whatever user that has the adequate 08:05PM 5 overflow parking available prior to us issuing a 6 permit to them, and they have to assure us that 7 any traffic congestion will be mitigated or we 8 could pull their special use permit . So those 9 were considerations that Staff put on top of their 06:05PM 10 special use requirement . 11 So for their daily operations, they 12 are more than adequate for their use . If they 13 weren ' t , they would have to seek a variation, and 14 we don ' t have an authorized variation to allow a 08:06PM 15 use to happen or to open without enough parking . 16 MR . JONES : Well , what he ' s saying is 17 what if another business comes and says they have 18 two or three events per year -- 19 MS . NOBLE : Right . 08:06PM 20 MR . JONES : -- that will cause overflow, 21 he ' s saying why won ' t they come to us and ask for 22 the same thing . 23 MS . NOBLE : And they can . 24 MR . BAKER : And they can . Depo•Court Reporting Service (630) 983-0030 53 1 MR . JONES : And they can . 2 MS . NOBLE : They can, they can . 3 MR . BAKER: What ' s the big deal? 4 MR . JONES : They can . But -- 08:06PM 5 CHAIRMAN LUCIETTO : You guys , one at a 6 time, she is trying to type this . 7 MR. JONES : But they have to come on a 8 case-by-case basis and you have to consider each 9 on their own merits . 08:06--M 10 ALDERMAN GILSON : That ' s a concern of 11 mine . 12 CHAIRMAN LUCIETTO : George , do you have 13 any more questions? 14 ALDERMAN GILSON : I do . 15 CHAIRMAN LUCIETTO : Okay . 16 ALDERMAN GILSON : If you don ' t mind, 17 give me a few more minutes . 18 CHAIRMAN LUCIETTO : No, I ' m just -- I ' m 19 trying to help the stenographer out as well -- 20 ALDERMAN GILSON : Oh, I understand . 21 CHAIRMAN LUCIETTO : -- because when 22 everybody talks at once, it ' s hard for her to get 23 this down . 24 ALDERMAN GILSON : The 97 spaces in that Depo•Court Reporting Service (630) 983-0030 54 1 that facility, you are assuming that they use up 2 all the parking for whole retail lot , correct? 3 MS . NOBLE : No . The 97 , the total of 4 that area , does not include the banking area, 08:06PM 5 which they do have a cross-parking agreement with, 6 it does not include the parking that ' s to the 7 adjacent retail , I think it ' s Cannonball 8 Business -- 9 MR . KOULIS : Yes . 08:07PM 10 MS . NOBLE : -- Partners , that does not 11 account for that . The 97 spaces are just the 12 spaces that are along the frontage and the rear of 13 the L-shaped business . 14 ALDERMAN GILSON : I guess a follow-up 08:07PM 15 question to that is there are other businesses 16 that use that parking as well? 17 MS . NOBLE : Yes . 18 ALDERMAN GILSON : How many are there? 19 MS . NOBLE : And we considered all six 08:07PM 20 tenants that are in that and we considered the 21 time of operation for this use in regards to the 22 other uses in that area . 23 ALDERMAN GILSON : So there ' s been some 24 discussion with the other tenants with the Depo•Court Reporting Service (630) 983-0030 55 1 possibility or understanding that this business 2 could possibly monopolize all of that parking and 3 they are okay with that? 4 MS . NOBLE : Staff did not talk to the 06:07PM 5 businesses . What we did was we looked at our 6 ordinance and saw what the required parking would 7 be for any use in that area, and we looked at 8 what ' s required for the users that are -- the 9 tenants that are in there now and with this use os:osPM 10 generating the parking that they have from their 11 previous experiences , and we came to the 12 determination based off of our off-street parking 13 and loading requirements that this does meet the 14 ordinance standards for parking for their daily os:asDM 15 operation . 16 ALDERMAN GILSON : Krysti , I respect what 17 you ' re saying to me and I guess I ' ll ask the 18 question in more of an answerable-type question . 19 If this facility dominates all the os:osPM 20 parking that the other businesses now -- and there 21 will be more to come in that retail center -- 22 have, as a City and as someone who is looking at a 23 long-term plan for that as an upscale retail 24 center, as well as across the street , but that Depo•Court Reporting Service (630) 983-0030 56 1 facility in particular, we ' re okay with that -- 2 with that -- that business dominating all of those 3 spaces , potentially even more? 4 MS . NOBLE : Well , that was a concern of 08:08PM 5 mine . That ' s why I listed it as a standard for my 6 conditions . I contacted Buffalo Grove . In their 7 area where their facility is located, there is 8 shared parking . Not only is there an apartment 9 complex to the rear, there is the existing Adam' s 08.09P,r 10 Bar & Grill , there are other tenant uses a little 11 bit further over, and they have never had an 12 experience where they would overflow on their 13 daily operations , and they also required a parking 14 plan and a transportation or traffic flow study or 0880pm 15 requirement to be submitted prior to these events . 16 They have never had a situation where this use 17 overtook all of the spaces . 18 That was a big consideration of 19 mine . u: ' m going to monitor the situation, but o8:o9pm 20 right now there are seven tenant spaces , there are 21 six that are already in capacity . 22 So we looked at the parking that ' s 23 been generated in that area, spaces being open, I 24 visited the site several times to see if there was Depo•Court Reporting Service (630) 983-0030 57 1 ever a strain on the parking . 2 I was very concerned about the Tacos 3 Tacos facility because they seem to be very 4 popular, especially around lunch time . That ' s 08:1OPM 5 always a concern when you have those fast 6 casual-type restaurant uses . 7 I have never seen or observed in the 8 times that I visited over the last week or so any 9 of the parking from that use overflow or consume 08:10PM 10 even 50 percent of the spaces that are available . 11 ALDERMAN GILSON : Okay . 12 MR . KRAMER: George, may -- And we may 13 answer, too . We, of course , talked to the 14 landlord because he ' s the owner of it , and he is 08:IOPM 15 quite content with it . And, Steve has, again, 16 operated Ultimate, so you have some comments on 17 that , too , as far as the other tenants . 18 MR . KOULIS : Yes . As far as the other 19 tenants , I believe they welcome it , because I 08:10PM 20 don ' t know if you ' ve seen the area or not , 21 apparently the tenants don ' t have a big customer 22 base to draw from. 23 To bring in 45 people a day, how 24 many stop and have Tacos Tacos or have their nails Depo•Court Reporting Service (630) 983-0030 58 1 done or stop at Dollar General? I talked to Moe , 2 the owner . He can ' t wait to bring more people in . 3 Most of the businesses close at 4 eight o ' clock at night , so eight o ' clock on, there 08:11PM 5 is no other traffic in the mall other than the 6 Ultimate Sports Bar . 7 On a Sunday the bank is closed . The 8 bank also closes at five o ' clock. So there is 9 plenty of opportunity for parking . Estimating 45 08:11PM 10 people , maybe a hundred people throughout the 11 entire day on Saturday and Sunday . 12 MR . KRAS : The concentration of people 13 would be between the hours of 1 : 30 and 4 : 30 and 14 then after 7 : 30 at night . 08:11PM 15 ALDERMAN GILSON : And, Steve, I 16 understand -- and Dan, you mentioned it as well, 17 to, you spoke to the landlord? 18 MR . KRAMER: Sure . 19 ALDERMAN GILSON : I guess he wouldn ' t 08:11PM 20 be the one that would be as concerned as the 21 business owners? 22 MR . KRAMER: Well , no, he is very 23 concerned about his business owners because he ' s 24 got one tenant occupying the north space and now Depo•Court Reporting Service (630) 983-0030 59 1 he ends up with four spaces on the south . Believe 2 me, he ' s very concerned . That ' s why he asked . 3 ALDERMAN GILSON : I just -- I ' d like to 4 see the businesses there come out with an 08:11PM 5 endorsement saying they are okay with the 6 potential for events like that dominating that 7 area . 8 MR . KRAMER : Sure . Sure . We ' re happy 9 to do that . Because the landlord did talk to the 08:12PM 10 tenants . 11 ALDERMAN GILSON : Yeah, I -- just a 12 concern . 13 MR. KRAMER: No, that ' s a good question . 14 ALDERMAN GILSON : I also had the same 08:12PM 15 concerns Mr . LaPorta had about siting a facility 16 like this or permitting a facility like this and 17 what kind of other facilities it will bring, you 18 know, by putting it next to a hospital , you know . 19 Some of the same concerns Jim had mentioned, I 08:12PM 20 express those same concerns . 21 Dan, you mentioned the Ultimate 22 Sports Bar is a family-oriented facility . Do you 23 consider a bar to be a family-oriented facility? 24 MR . KRAMER: Yeah, I do, some bars . If Depo•Court Reporting Service (630) 983-0030 60 1 you look at Bristol Tap, people have gone up there 2 with their families for years . If you look at 3 Steve ' s , they go there for years , you know, the 4 people, the prior owners , at earlier times at 08:12PM 5 night . 6 They ' re different than a tavern . I 7 would consider that purely or a majority alcohol 8 use as opposed to a bar like Ultimate Sports Bar . 9 Frankly, going back two owners ago 08:13pm 10 where it was the Big Easy, I wouldn ' t have stood 11 here and told you I think that ' s a family 12 atmosphere . This is way different than that . 13 Totally different . 14 MR . KOULIS : Just to mention that , we ' ve 08:13PM 15 gone through over 325 children ' s menus in the last 16 month . We hosted the 7th and 8th grade Yorkville 17 football banquet , we hosted the Yorkville 6th 18 graders ' football banquet . Today there is 19 probably 25 for a 15-year old ' s birthday . 20 So we do have a section of the 21 restaurant -- if you have been in, there is one 22 section that ' s strictly for dining for families . 23 They know that when they walk in, they separate 24 themselves . A lot of them are in the audience Depo•Court Reporting Service (630) 983-0030 61 1 today . There is the bar for the regulars and then 2 the groups . We have teachers today from the 3 Yorkville Elementary School there after school 4 because there is no school tomorrow . 08:13PM 5 ALDERMAN GILSON : Steve, I ' m not 6 questioning your facility brings in families 7 during the day and supports children and, heck, 8 I ' ve been in there . It ' s a very nice facility . 9 What I ' m saying is towards the 08:14PM 10 evening when this facility will be operating, it ' s 11 not really family-oriented at that time, it ' s -- 12 you ' re not going to see any children and families 13 in there . 14 MR . KOULIS : Well , most families are in 08:14PM 15 earlier . 16 ALDERMAN GILSON : Well , and you ' re 17 right . I guess -- 18 CHAIRMAN LUCIETTO : George , how many 19 more questions do you have? 08 14P 20 ALDERMAN GILSON : I have one more 21 question . 22 CHAIRMAN LUCIETTO : Okay . 23 ALDERMAN GILSON : Lynn, you gave the 24 analogy or you gave specifics , you said that Depo•Court Reporting Service (630) 983-0030 62 1 businesses or restaurants have contacted you and 2 expressed interest in this facility in Yorkville 3 as a precursor to petitioning to locate in 4 Yorkville . 08:14PM 5 Can you tell me who called you and 6 who -- 7 MS . DUBAJIC : I am not able to share 8 with you who those businesses may be , but I can 9 tell you that since there has been discussion 08:14PM 10 about this and it ' s been publicly made that I have 11 gotten phone calls from representatives of 12 national users who are interested in learning more 13 about opportunities because they understand that 14 this is a use that will bring in more people to 15 our town . 16 ALDERMAN GILSON : I was just curious to 17 know and -- 18 MS . DUBAJIC : And I ' m just not 19 privileged to give out that information . 08 15P 20 ALDERMAN GILSON : -- to see what other 21 businesses this would attract, and if you have 22 talked to specific businesses , I ' d love to know 23 who they were . 24 MS . DUBAJCIC : Well , I can ' t provide you Depo•Court Reporting Service (630) 983-0030 63 1 with that information . I would just say to you 2 that they are national tenants that would be 3 located in shopping centers such as what we have 4 at Kendall Marketplace . 08 15P 5 ALDERMAN GILSON : Okay . Thank you . 6 MR . JONES : George, I ' ve got a question . 7 As an alderman, are you going to be able to 8 separate what your constituents want versus if 9 they want that facility versus your personal 08:15PM 10 opinion? 11 ALDERMAN GILSON : You betcha . 12 MR . JONES : Thank you . 13 CHAIRMAN LUCIETTO : You have a question 14 back there? .8 15RM, 15 MR . COLOSIMO : I wasn ' t sworn in, so I 16 swear and affirm that the testimony I am about to 17 give will be the truth, the whole truth, and 18 nothing but the truth, so help me God . 19 CHAIRMAN LUCIETTO : Thank you . oa:15PM 20 MR. CROUCH : Well done . 21 MR. COLOSIMO : My name is Carlo 22 Colosimo, I live at 216 Elizabeth Street . One of 23 the things we really haven ' t touched upon, the 24 City right now, the City budget , is in deficit, we Depo•Court Reporting Service (630) 983-0030 64 1 are bleeding red . People say this is going to 2 bring revenue to the City . 3 Do we have any estimates as to what 4 we can expect as a municipality to receive from 08:16PM 5 the off-track betting if it is received into the 6 City coffers? 7 MR. KRAMER: Jeff can answer that 8 probably . 9 MR. KRAS : We believe when it matures -- 08:16M 10 and I would say there is going to be a maturity 11 period of perhaps a year to a year and a half -- 12 we are looking for at a minimum this venue to 13 contribute $200 , 000 a year between the 14 municipality and county, plus the jobs . 08:16PM 15 MR. COLOSIMO : And as a follow-up to 16 that , how does that calculate? Is it a 17 percentage? Is it a per bet? Is it -- 18 MR . KRAS : Under the state statute, an 19 off-track betting venue imposes a two-percent os:16Pm 20 surcharge against winning wagers . There is a 21 two-percent surcharge against the total wagering, 22 and that is subsidized by a two-and-a-half percent 23 surcharge by the winning wagers paid to the 24 municipality and to the county . It ' s inherent in Depo•Court Reporting Service (630) 983-0030 65 1 all those licenses throughout the state . 2 MS . NOBLE : And I can expand on that . 3 It ' s a monthly tax in a sense . One percent goes 4 to the city, one percent goes to the county, and 08:17PM 5 one-and-a-half percent goes to the state, and the 6 annual wagers of these type of OTB facilities last 7 year actually were over 7 . 9 million was generated 8 for city and county governments state-wide . 9 UNIDENTIFIED AUDIENCE MEMBER : Million? 10 MS . NOBLE : Million . These are for 11 OTBs . These are for OTBs , right . And remember, 12 there is only less than 30 . 13 MR . KRAS : That doesn ' t include the 14 racetracks , though . 08:18PM 15 MS . NOBLE : Right . 16 MR. KRAS : That doesn ' t include the 17 racetracks . 18 CHAIRMAN LUCIETTO : George? 19 ALDERMAN GILSON : Can you just elaborate 08:18PM 20 when you said it matures , how long a time frame 21 you are talking? 22 MR. KRAS : I believe it ' s going to take 23 a year to a year and a half to recognize your 24 potential as to what it is . Year-to-year and a Depo•Court Reporting Service (630) 983-0030 66 1 half . 2 ALDERMAN GILSON : Thank you . 3 MR . KRAMER: And I don ' t know if it was 4 identified, we ' ve kind of touched on this a bunch 08:18Pm 5 of times , which track it would be affiliated with, 6 and it is Hawthorne -- 7 MS . NOBLE : Hawthorne . 8 MR . KRAMER: -- just for purposes of the 9 record, so we do meet that mileage requirement . 08:182M 10 They are the state applicant . 11 CHAIRMAN LUCIETTO : I think we ' ve heard 12 that a couple times . 13 MR. KRAMER: Just wanted to make sure . 14 CHAIRMAN LUCIETTO : Steve . o8:18PM 15 MR . KOULIS : I just wanted to mention, I 16 think it was Joe -- 17 MR. KRAMER: The gentleman in the black 18 shirt? 19 MR. KRAS : Yes . 08:18PM 20 MR . KOULIS : Yes . 21 MR. KRAMER: Jim LaPorta . 22 MR. KOULIS : I ' ve been involved with 23 bars for 30 years and I ' ve had the opportunity to 24 not only develop the Foundry, but be there for Depo•Court Reporting Service (630) 983-0030 67 1 five years , and then I was also involved with 2 Stoney Point Grill , which also has the Mokena OTB, 3 so it ' s not like we ' re going to go to Yorkville 4 with an unexperienced background . 08:19PM 5 I ' ve dealt with this before, I 6 understand the clientele , my staff has been with 7 me for over ten years . George has also dealt with 8 the OTB clientele, so it ' s not like we are being 9 put into a blind spot here . We know the 08:19EIMI 10 c.'-ientele , we know what their niche is , we know 11 what they like . We know how to treat them. 12 MS . NOBLE : I just wanted to say I 13 shared your sentiment about the family atmosphere 14 of the location, and what we were able to do was 08:19PM 15 to establish that the OTB would have doors in 16 between their use and the actual restaurant use, 17 and again, with their added security that they 18 already provide, and that they would provide us 19 with specific details and information on 08:19PM 20 preventative measures to mitigate any underage 21 drinking . That ' s just a requirement that the City 22 put above and beyond their special use . 23 CHAIRMAN LUCIETTO : Okay . Are there any 24 other questions or comments ? Depo•Court Reporting Service (630) 983-0030 68 1 MR . GLEASON : I ' d like to make a 2 comment , I wasn ' t sworn in here . I am Tim 3 Gleason . I swear to tell the truth, the whole 4 truth, and nothing but the truth . 08:20PM 5 CHAIRMAN LUCIETTO : So help me God? 6 Okay, thank you . Who are you? 7 MR. GLEASON : I just wanted to make a 8 comment . Tim Gleason, 647 White Oak Way . 9 CHAIRMAN LUCIETTO : Thank you . 08:20PM 10 MR . GLEASON : I am a horse better . I 11 don ' t frequent it daily . I think it ' s an 12 incredibly wonderful sport to watch, such as , you 13 know, the Zenyatta race we just had this past 14 Saturday, and it ' s a great sport to wager on as 08:20pM 15 well . 16 It ' s certainly not anything where 17 people -- like blackjack or something like that 18 where you can just sit down and kind of just 19 blind luck . This is something that ' s far more 08:20PM 20 tended towards people who have a skill, and so for 21 that , I think it ' s just a wonderful opportunity 22 that Yorkville has here to have an OTB . 23 CHAIRMAN LUCIETTO : Anyone else? 24 (No response . ) Depo•Court Reporting Service (630) 983-0030 69 1 CHAIRMAN LUCIETTO : Okay . Krysti has 2 asked me to read the Staff recommendations into 3 the record, and I will read them to you . 4 Staff offers the following 08:21PM 5 recommendations for the Plan Commission to 6 consider when we viewing Petitioner ' s request : 7 Wagering at the off-track betting facility shall 8 be limited to only live horse races and not 9 include wagering on any other sporting activity, �a8:Z1 10 professional or otherwise . 11 The Petitioner must obtain all 12 required City permits and licenses associated with 13 a tenant build-out and operation of the OTB 14 facility, including, but not limited, to 08:21PM 15 applicable building permits and liquor control 16 licenses . 17 The Petitioner shall provide 18 specific details and information on preventive 19 measures to be taken to mitigate underage drinking 08:22PM 20 within the betting parlor and bar area . 21 The Petitioner shall obtain a 22 license from the Illinois Racing Board prior to 23 commencing any wagering activities at the 24 property, and must maintain good standing with the Depo•Court Reporting Service (630) 983-0030 70 1 Illinois Racing Board . 2 The wagering component of the sports 3 bar shall be limited to no more than 45 percent of 4 the gross leasable floor space . 08:22gM 5 The Petitioner shall allow the 6 United City of Yorkville access to the camera 7 surveillance system for the off-track betting 8 facility upon request when related to crime 9 prevention, investigations or other public safety 08:22PM 10 matters pertaining to the property . 11 The Petitioner must execute a shared 12 parking agreement with a nearby property owner 13 with an existing parking lot area sufficient to 14 accommodate the overflow parking during special 08:22PM 15 events at the facility . 16 A copy of said executed agreement 17 shall be provided to and approved by the City 18 prior to issuance of an occupancy permit . 19 The Petitioner shall submit a 08:23PM 20 parking plan for every event required off-site 21 parking . The plan shall include details regarding 22 the use of trolley services or any other patron 23 valet services and proposed traffic flow on 24 U . S . 34 and Cannonball Trail . Said plan shall be Depo•Court Reporting Service (630) 983-0030 71 1 submitted to the City for approval no less than 15 2 business days prior to the event day . 3 Any violation of the conditions of 4 the special use as determined by the United City 08:23PM 5 of Yorkville shall be remedied by the petitioner 6 to the satisfaction of the City or be subject to 7 revocation of the special use granted herein . 8 Are there any or questions or 9 comments? 08:23PM 10 (No response . ) 11 CHAIRMAN LUCIETTO : Okay . Entertain a 12 motion to close the public hearing -- 13 MR . CROUCH : So moved . 14 MR . JONES : Second . 08:23PM 15 CHAIRMAN LUCIETTO : -- 10-14 . We have a 16 motion and second . All in favor say aye . 17 (A chorus of ayes . ) 18 CHAIRMAN LUCIETTO : Not in favor, nay . 19 (No response . ) 20 (Which were all the 21 proceedings had in the 22 public hearing portion 23 of the meeting . ) 24 ---000--- Depo•Court Reporting Service (630) 983-0030 72 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY OF LA SALLE ) 3 I , Christine M. Vitosh, 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 1 through 8 73 , inclusive , is a true , correct , and complete 9 transcript of my shorthand notes so taken at the 10 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 Depo•Court Reporting Service (630) 983-0030 73 1 In testimony whereof, I have 2 hereunto set my hand this 9th day of December, 3 A. D . , 2010 . 4 Oln-&z- . 5 6 Christine M . Vitosh, CSR 7 CSR No . 084-002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 74 $ 3 97[4]-51:15, 32:20 aleck[i1-49:9 72:17 53:24,54:3, address[51- all-time[il- apply[1i-49:12 54:11 8:20,30:4,33:1, 14:12 appreciate[21- $200,000[1]- 30[51-24:18, 9th[i]-73:2 38:12,48:5 alliance[ij- 30:8,40:22 64.13 42:23,46:20, addressed[i]- 26:13 appropriate[31- 65:12,66:23 A 5:4 allow[51-13:19, 36:19,36:21, ' 31[11-21:15 adequate[21- 15:14,35:8, 40:24 325[21-8:20, 52:4,52:12 52:14,70:5 approval[11- 60:15 A.D[i]-73:3 adjacent[11- allowed[3j- 71:1 '87[�1-36:11 339[11-10:6 abhorred[1j- 54:7 13:5, 16:12, approve[2j- 34[41-19:19, 21:22 admits[1]-51:9 16:21 32:13,36:15 0 20:9,2022, able[71-15:24, advantage[1]- almost[1 44:3 approved[3]- 70:24 32:15,47:10, 35:8 altering[ii- 31:1,41:24, 084-002883[i]- 49:13,62:7,63:7, Advisory[1]- 37:3 70:17 73:7 4 67:14 42:17 amend[1 i-13:1 area[291-6:21, above-entitled affect[1 i-38:20 amended[2]- 14:2, 14:7, 14:8, [z]-1:13,72:6 affiliated[21- 15:14, 17:7 14:9, 14:15, 40[21-4:5, absolutely[i1- 30:9,66:5 amendment[8]- 17:13,21:10, 20:14 42:7 45[ai-17:12, affirm[1]-63:16 13:7, 13:15, 21:17,24:8,24:9, 1[11-72:7 accepted[11- aforesaid[11- 13:18, 14:24, 26:8,32:8,32:16, 10(2)-1:14, 57:23,58:9,70:3 37:11 47[21-4:10, 72:10 15:6, 16:21, 33:8,33:9,39:23, 13:2 access[21- age[11-22:23 17:22,38:5 41:17,50:5,54:4, 10-14[1]-71:15 3824 22:13,70:6 54:22,55:7,56:7, 498 -47:19 agenda[t]-3:2 amount[2j- 11 [1]27:1 [ 1 accessible[�]- ago[6]-4:5, 27:16,46:18 56:23,57:20, 130[�l-25:8 4:30[il-58:13 51:16 59:7,69:20, 135[1]-25:8 accommodate 4:14,21:14, analogy[1]- 42:14,44:15, 61:24 70:13 15[2]-52:1, S 50:49:13,49:18, 60:9 analysis[2]- areas[31-22:3, 715 50:2,50:4,50:9, agree(2)-48:6, 15:20, 17:20 33:10,33:24 1:16 [�1- 50(21-16:1, 51:19,70:14 ac is 48:24 ancillary[i]- Arlington[21- 415- 57:10 accomplish[�]- agreed[1j-5:8 17:10 25:12,25:23 1:1 year[�1 524[1]-30:7 3acc agreement[41- Anne[1]-42:16 Article[1]-13:2 6197 accomplished 52:4,54:5,70:12, ANNE[i]-2:2 aside[1]-44:4 1975 s[1 17:7 6 [z1-44:21,45:23 70:16 annexed[tj- aspect[11- 1980's[�i- according[21- ahead[2]- 72:17 14:21 24:17 10:5,43:14 13:15, 19:23 annual[i1-65:6 asset[11-6:8 1988[ti-36:9 647[ti-68:8 account[1 i- 1990[1]-45:5 6th(i)-60:17 54:11 alcohol[1i- answer[si- associate[1]- 60:7 6:24,24:13, 31:18 1992[1]-36:9 accuracy[1i- alcoholic[2]- 30:23,32:24, associated[2]- 1:30[1]-58:13 7 7220 34:16,48:21 48:16,48:18, 21:5,69:12 acres[1]-19:17 alderman[51- 57:13,64:7 assume pi- 2 7[11-13:2 Act[1]-17:7 42:15,42:21, answerable[1]- 72:19 7.9[11-65:7 activate[11- 43:9,63:7 55:18 assuming[21- 28:16 ALDERMAN[34] answerable- 34:15,54:1 20[21-28:22, 73[11-72:8 active[i1-14:3 45:3 77[21-15:23, -47:16,47:19, type[tj-55:18 assure[1]-52:6 activities[i]- 47:22,48:17, anyway[1i- atmosphere[21 2010[31-1:14, 17:17 69:23 73:3 7:00[�j-1:15 48:23,49:7, 44:7 -60:12,67:13 activity[21- 49:10,49:16, apartment[31- attempts[11- 2010-12[3]- 7:30[11-58:14 13:8,69:9 51:7,53:10, 31:3,31:5,56:8 2824 3:19,7:3, 11:4 7th[ii-60:16 actual[41- 53:14,53:16, a ppear[� attract[4]- 2010-13[1j- 12:18,24:11, 53:20,53:24, 13:20 32:19,34:3, 11:23 8 37:20,67:16 54:14,54:18, appearing[i]- 36:17,62:21 2010-14(2]- Adam's[i]- 54:23,55:16, 20:5 attracting[1]- 18:18, 19:3 56:9 57:11,58:15, 37:15 216(11-63:22 80's[11-32:5 applicable[1i- ADAMS[41-2:6, 58:19,59:3, 24-hour[1]-5:2 8th[1i-60:16 12:4, 18:8,18:22 69:15 attraction[11- 2450[1]-45:2 59:11,59:14, applicant[21- 26:16 9 added[11- 61:5,61:16, 24:22,66:10 audience[3j- 25(2)-45:3, 67:17 61:20,61:23, application[4j- 7:5,30:1,60:24 60:19 addictions[z1- 62:16,62:20, 12:24, 15:11, AUDIENCE(1)- 90's[1]-32:5 48:9,49:1 63:5,63:11, 15:16, 19:11 65:9 902[1j-1:15 additional[1]- 65:19,66:2 audited 2 applies[1]- [ ]- Depo•Court Reporting Service (630) 983-0030 75 27:7,29:18 banking(i1- 69:20,70:7 57:23,58:2, C cHA1RMAN[1]- audits[1]-27:8 54:4 between[51- 59:17,62:14, 53:15 Aurora[2o]- banquet[21- 21:11,22:3, 64:2 Chairman(11- 16:9,21:7,21:11, 60:17,60:18 58:13,64:13, bringing(11- C.S.R[1]-1:14 2:2 21:12,21:14, Bar[»]-11:23, 67:16 43:22 calculate[1]- CHAIRMAN[71] 21:17,22:6,24:5, 12:22, 19:3,19:9, beverages[1]- brings[31- 64:16 -3:1,3:7,3:11, 26:3,26:4,26:6, 21:1,22:10, 34:16 34:24,37:21, California(11- 3:13,3:16,3:18, 26:7,28:10, 26:15,56:10, beyond[z1- 61:6 27:14 3:24,7:1,7:6, 30:18,39:18, 58:6,59:22,60:8 49:19,67:22 Bristol[i]-60:1 camera[11- 9:15,9:20,10:3, 42:23,43:1, bar[co]-20:21, big[31-53:3, brought[11- 70:6 10:7, 10:9,10:22, 43:15,44:9, 21:4,23:2,31:8, 56:18,57:21 21:19 Cannonball[41- 11:2, 11:8, 11:11, 44:14 51:20,59:23, Big[31-20:23, brown[11-5:19 19:20,20:9,54:7, 11:14, 11:17, authorized[i]- 60:8,61:1,69:20, 46:17,60:10 budget[11- 70:24 11:21, 12:5,12:8, 52:14 70:3 bingo[1]-48:12 63:24 capacity[11- 12:13, 12:16, automatic[1]- bars[z1-59:24, birthday[1]- Buffalo[3]- 56:21 12:19, 13:10, 28:14 66:23 60:19 16:16,31:1.56:6 car(z1-24:2, 15:3, 17:21, 18:2, available[a1- base[a1-49:14, bit[1]-56:11 build[1]-69:13 28:14 18:6, 18:9,18:12, 24.1,27:18,52:5, 49:18,50:2, black[t]-66:17 build-out[1]- Carlo(1 1-63:21 18:14, 18:17, 57:10 57:22 blackjack[1]- 69:13 carry[21-28:13, 18:21, 18:23, aware[2]-29:3, based[zl- 68:17 building[9]- 40:19 19:2, 19:6,20:2, 42:5 31:24,55:12 bleeding[11- 4:9,5:15,20:17, carry-overs[i1- 29:24,32:23, aye[6]-3:14, basis[31-23:17, 64:1 22:9,33:13,39:1, 40:19 36:2,38:11,41:2, 11:15, 12:6, 51:6,53:8 blind[z]-67:9, 39:6,69:15 case[a]-25:9, 41:8,42:10,46:1, 18:10, 18:24, beautiful[1]- 68:19 built[51-22:14, 26:15,51:1,51:5, 46:14,47:15, 71:16 44:16 blue[21-6:19, 38:21,39:1,39:2, 51:6,53:8 47:18,47:21, ayes[6]-3:15, become(11- 6:21 45:16 case-by-case 53:5,53:12, 11:16, 12:7, 17:14 board[1]-47:24 bunch[1]-66:4 [z1-51:6,53:8 53:18,53:21, 18:11, 19:1, bed[2]-42:3, Board[51- Burger[1]-24:2 casual[11-57:6 61:18,61:22, 71:17 42:4 15:23, 17:1, business[351- casual-type[11- 63:13,63:19, beer[1 1-48:20 41:19,69:22, 4:21,4:24,5:1, 57:6 65:18,66:11, B behalf[6]-3:22, 70:1 6:1, 16:12, 16:17, catalog[11- 66:14,67:23, 11:24, 12:22, books[i]-29:8 23:8,26:14, 14:14 68:5,68:9,68:23, 15:4, 19:10,20:5 born[1]-49:3 26:17,27:24, Catering[31- 69:1,71:11, B-2 5:6, :6, behind[21-4:3, bottom[1 1-39:4 28:2,28:22,29:1, 11:24, 12:23, 71:15,71:18 4:23,5:6, ,15 22:7 29:17,32:22, 19:10 chance[l]- 13:6, 15:8,15:9, bought [1]- 39:10 34:13,37:6, center(e1- 34:12 15:12, 15:19, 9.21 37:12,37:16, 22:14,33:16, change[41- 16:22, 17:18, boundary[�]- below[1 1- 26:5 38:21,39:2,39:5, 38:22,39:2, 12:17, 12:18, 19:13 20:14 Bourbon[1]- 39:16,40:17, 45:18,45:20, 12:20, 14:24 B-2-type[�]_ Berman(1]- 46:17 44:6,47:11,52:1, 55:21,55:24 changed(11- 5:3 B-3[21-33:20, 43'2 brakes[i]- 52:17,54:13, Center[21- 20:23 best[i1-25:24 32:11 55:1,56:2,58:21, 45:8,45:11 changing[1]- 39:20 background[21 bet[s1-27:16, break[21-22:3, 58:23,71:2 centers[1]- 42:9 -43:16,67:4 Chapter � 27:17,34:18, 42:1 Business[31- 63:3 P [ ]64:17 breaking[ii- 13:6, 19:13,54:8 certain[11- 13:2 BAKER(131- business-type 33:13 charge[11- 2:9,7:24,8:12, betcha[11- 41:15 tYP 63:11 breed[z1-48:8, [11-4:21 certainly[a]- 10:21 8:15,9:8,9:14, 11:6, 11:9,11:18, better[a1-4:20, 49:1 businesses[19] 5:8,6:2,23:6, cHARLES[11- 12:2, 18:13, 30:10,35:2, breeders[1]- -32:18,33:21, 33:13,38:19, 2:8 52:24,53:3 68.10 14:8 35:10,36:18, 40:7,48:12, check[21- Baker[z]-3:9, betting[231- Breeders'[31- 36:21,37:14, 68:16 20:12,42:22 checks[11- 122 13:4, 15:7, 16:14, 38:1,40:9,50:19 37:17,37:21, certificate[1]- 16:23, 17:9, 39:21,45:1, 72:17 43:16 balancing[11- breeding[11- 1 27:10 19:15,21:4, 25:21 54:15,55:5, Certified[1]- Cheryl(11-5:21 Balmoral[1]- 24:16,28:20, brief[11-44:12 55:20,58:3,59:4, 72:3 children[21- 25:12 briefly[1]-20:4 29:10,30:14, 62:1,62:8,62:21, certified[11- 61:7,61:12 b bank(31-28:1, ring[121-4:9, 32:20,34:17, 62:22 72:19 children's[11- 37:4,37:11,46:5, 33:23,37:23, button(1)- certify[31-72:4, 60:15 Bank k[[11 58:7, 1 39:10 38:2,43:19, 46:12,48:7,64:5, 28:16 72:11,72:16 chorus[61- - 64:19,69:7, 46:13,47:12, chain[1]-28:13 3:15, 11:16, 12:7, Depo•Court Reporting Service (630) 983-0030 76 18:11, 19:1, color[2)-6:20, complement[3) 5:22 created[1)- Dan[7)-6:14, 71:17 20:10 -26:14,26:17, contribute[2)- 46:21 17:24, 19:23, CHRISTINE[1]- COLOSIMO[31- 44:20 29:21,64:13 creates[1]- 20:4,38:11, 1:13 63:15,63:21, complete[1]- control[3]- 14:1 58:16,59:21 Christine[2)- 64:15 72:8 28:14,69:15, creating(1)- danger(1)- 72:3,73:6 Colosimo[1)- complex[4]- 72:21 45:15 28:15 Christofferson 63:22 31:3,31:6,36:23, controversial creation[1]- Daniel[1]- [1]-3:19 comedy[1]- 56:9 [1)-21:16 47:11 13:16 church[1]- 44:1 component[3]- conversation[1] Crestwood[2]- date[1]-15:15 48:13 coming[e]- 17:11, 17:14, -47:10 36:7 Dave(1)-14:12 Cimmaron[1]- 32:18,34:10, 70:2 conversations crime[3)- daycare(1)- 19:18 35:7,35:13, concentration [1]-37:20 43:12,49:4,70:8 16:4 citing[1]-15:21 36:18,37:17, [1]-58:12 convince[1)- criminal[1]- days(6)-23:1, Citizen's[1]- 46:18,51:4 concern[6)- 38:14 21:19 50:13,50:14, 42:17 commencing(1) 36:15,36:17, copies[2)- criteria[3)- 50:20,52:1,71:2 city(6)-17:19, -69:23 53:10,56:4,57:5, 72:18,72:21 15:21, 17:16, deal[1]-53:3 46:13,47:24, comment[3)- 59:12 Copley[2]- 30:13 dealers[1]- 50:3,65:4,65:8 10:23,68:2,68:8 concerned[5)- 36:24,41:11 cross[2)- 24:2 CITY[1]-1:5 comments[4]- 36:16,57:2, copy[1]-70:16 40:16,54:5 dealt[2]-67:5, City[28]-1:16, 44:12,57:16, 58:20,58:23, corner(6)-20:8, cross-parking 67:7 4:14,5:23,6:3, 67:24,71:9 59:2 20:18,22:9, [1]-54:5 December[1)- 6:11, 12:24, commercial[2)- concerns[4)- 22:12,39:12, cross-use(1)- 73:2 13:24, 15:4, 16:15,35:9 23:24,59:15, 39:19 40:16 decides(1)- 17:23, 19:11, Commission(2) 59:19,59:20 Corporation[1] Crossing[1]- 41:20 23:23,25:3, -42:18,69:5 concludes[1]- -33:4 19:18 deficit[1)- 25:10,41:7, COMMISSION 27:3 Correct[1)- crouch[1)-4:3 63:24 47:13,51:24, [1)-1:4 conditions[4)- 12:16 CROUCH(18)- define(1)-13:3 55:22,63:24, Committee(1)- 15:14,32:12, correct[5)- 2:5,3:10,7:14, defined[1]- 64:2,64:6,67:21, 42:18 56:6,71:3 12:19, 13:10, 7:18,7:22,8:1, 16:3 69:12,70:6, communities confused[2)- 32:1,54:2,72:8 8:4,8:11,9:2, definition[1]- 70:17,71:1,71:4, (13)-16:7, 16:8, 6:16,8:4 Council(4)-5:5, 9:5,9:12, 10:11, 16:22 71:6 23:16,23:21, congestion[1)- 5:23,6:3, 14:2 10:14, 10:18, DeKalb[1]- claims[1]-29:9 30:20,31:12, 52:7 counsel[2)- 10:20,20:1, 14:9 CLARENCE(1)- 31:23,32:5, conjunction[2) 72:12 63:20,71:13 deli(1)-39:3 2:4 36:11,36:12, -28:7,45:12 COUNTY[1]- Crown[2)- dentist's[1]- clarify[3)- 37:9,40:11,47:4 connection[3)- 72:2 38:2,50:15 5:11 15:13,36:5,51:8 community[17) 14:16,34:20, county(5)- CSR(2)-73:6, Derby[2]-40:9, class[4)-44:16, -6:9, 14:22, 37:7 14:9,64:14, 73:7 50:18 44:19,44:23, 23:19,29:20, consider[4]- 64:24,65:4,65:8 Cup[3)-38:1, design[1]-22:8 45:21 31:19,33:7, 53:8,59:23,60:7, County[6)- 40:9,50:19 designation[1]- clean[1)-29:11 34:11,34:24, 69:6 13:1, 14:11, curious[1)- 4:22 clear[1]-10:11 35:7,36:19,37:9, consideration 19:12,29:23, 62:16 destination[2)- clientele(5)- 37:14,38:3.38:9. [1)-56:18 33:24,41:21 current[1)- 5:1,5:11 43:9,43:11,67:6, 39:16,41:20, considerations couple[6)- 4:18 details[3)- 67:8,67:10 48:9 [1]-52:9 28:21 30:9, customer[4]- 67:19,69:18, close[7)-7:2, Community[1]- considered[2)- 44:12,48:4, 49:14,49:18, 70:21 11:3, 18:3,18:4, 2:13 54:19,54:20 49:11,66:12 50:2,57:21 deter[4]-32:17, 46:20,58:3, community's[1) consists[1]- Course[4)- 36:18,37:13, 71:12 -42:2 19:16 24:15,25:9, D 37:17 closed[3]- Company[1]- constituents[1] 25:19,25:24 -- - determination 22:19,40:2,58:7 4:7 -63:8 course[2)- [1)-55:12 closes(1)-58:8 compatible(1)- consume[1)- 28:20,57:13 D-925710[1)- determined[1]- closest[1)- 32:21 57:9 court[1)-30:3 1:24 71:4 20:22 compete[3)- contact[2)- Court[1)-47:20 daily p)-27:8, detriment(1)- coal[1]-4:11 25:14,26:1, 16:9,40:14 coverage[1i- 51:15,51:19, 39:7 cocktails[1]- 43:20 contacted[3]- 5:7 52:11,55:14, detrimental[2)- 46:4 competing[2]- 16:7,56:6,62:1 covered[i] :2 56:13,68:11 )- 48:9,49:2 Code[1)-13:3 24:7,43:19 content[1] coveting - Dale(4)-43:2, g[) 43:3,43:9,44:2 develop[4)- code[1]-13:15 competition[2[ 57:15 47:5 26:13,45:8, coffers[1]-64:6 -24:21,26:10 contract[1]- create[1)-47:1 Dale's(1)-44:8 45:11,66:24 Depo•Court Reporting Service (630) 983-0030 77 developed[31- 34:8,36:23,37:4, elaborate[1]- entrance[1]- experienced[zi fails[1]-20:10 4:16,30:21, 53:23,68:18 65:19 22:18 -14:18,35:22 fair[1)-31:21 31:24 Downs[zi- element[1 i- environment[s[ experiences[zi fairly[1]-36:10 developing[zi- 25:3,25:10 21:19 -28:4,29:2,29:3, -29:9,55:11 Fairmount[zi- 32:11,39:23 downtown[i]- elementary[1]- 29:14,44:22, explain(zi- 25:3,25:10 Development 5:6 16:3 44:23 12:11,23:14 familiar[i[- [3]-2:13,23:20, draw[21-20:12, Elementary[i]- equipment[i]- explanation(1i- 32:8 33:3 57:22 61:3 17:2 40:23 families(si- development[zi drew[z[-20:11, eligible[1[- ER[z]-41:15, exposure(ii- 60:2,60:22,61:6, -19:18,33:7 45:16 25:5 41:24 22:15 61:12,61:14 Dick's[zi- drinking[z]- Elizabeth(ii- especially[11- express[1i- family pi- 35:11,35:15 67:21,69:19 63:22 57:4 59:20 22:24,46:23, different[5i- driver[11-14:12 emergency[11- establish[zi- expressed(1i- 59:22,59:23, 24:9,44:1,60:6, drivers[i]-14:6 41:13 30:20,67:15 62:2 60:11,61:11, 60:12,60:13 driving[1i- Emmon(1 1i- established[41- exterior[1 i- 67:13 dilapidated[t]- 40:20 4:4,4:20,5:16, 31:20,31:23, 22:18 family-oriented 39:1 drunkenness[l] 6:2,7:10,7:17, 36:10,37:10 extra[1i-10:20 [4]-22:24,59:22, dining[zi- -31:17 7:18,8:6, 10:4, establishment eyesight[1i- 59:23,61:11 46:11,60:22 DUBAJCIC[41- 10:6, 15:17 [1i-17:11 6:23 far pi-21:9, direction[1 i- 34:21,35:20, employees[3]- estimates[1[- 37:3,39:5,43:22, 72:21 41:10,62:24 28:4,28:13,29:6 64:3 F 57:17,57:18, director[1 i- DUBAJIC[41- employment[l] Estimating(1i- 68:19 33:2 33:1,46:15,62:7. -46:24 58:9 farm[zi-4:8, Director[zi- 62:18 enabling(11- evening[4i- facilities[i9]- 33:10 2:14,23:20 Dubajic[i]- 13:19 4:2,9:22,24:14, 13:5, 15:8, 16:14, Farm[i]-1:15 discussing[ii- 33:2 encourage[31- 61:10 22:2,23:5,30:15, fast[i[-57:5 42:6 duplex[1[-4:15 34:18,34:22, event[31-52:1, 30:17,30:19, favor[121-3:13, discussion[si- during[si-9:18, 45:22 70:20,71:2 31:22,32:14, 3:16, 11:14, 11:19, 13:11, 9:21,11:6,15:1, encouraged[1] events[9]- 37:11,43:11, 11:17, 12:6, 12:8, 18:15, 18:18, 23:11,37:24, -6:2 37:22,38:1.40:6, 48:7,48:8,48:24, 13:21 49:12,59:17, 54:24,62:9 61:7,70:14 end(3[-4:17, 50:17,51:21, 18:12, 18:23, disposal[1]- DuSell[zi- 6:5,22:6 52:18,56:15, 65:6 71:16,71:18 27:11 42:12 end-user[z]- 59:6,70:15 Facility[i]- favorably[1]- 41:19 district[ai- 4:17,6:5 example[31- 24:10 15:10, 16:16, E endorse[1 i- 27:14,34:4,35:2 facility[511- feelings[1i- 15:21, 16:5, 16:18 44:7 excited(1i- 40:24 16:23, District[si- endorsement 35:12 16:11, felt[1i-4:20 13:6, 15:8,15:19, early[1]-32:5 16:24, 17:9, ease[�i-21:9 (31-43:7,44:9, excluded[1]- 17:12, 17:19, few(3i-30:15, 16:22, 19:14 59:5 48:1 47:23,53:17 districts[i]- east[3]-5:20, ends[1]-59:1 execute(zi- 19:15,20:19 filed[z]-12:23, 7:17:7:20 21:4,21:24,22:7, 16:13 ensure[3i- 52:3,70:11 19:11 Dixon[z]-4:7, East[41-7:18, 27:18,29:4, executed[1]- 22:16,22:19, final[1]-17:8 4:12 7:21;7:22, 10:6 29:13 70:16 22:21,23:14, fine[1]-41:5 Dollar[ii-58:1 easterly[1]- ensuring[i]- executive(1)- 23:15,24:12, fire[1]-8:20 ( 39.3 32:14,32:17, dollars �i 34:2 28:3 33:2 first(isi-4:5, Easy[3i-20:23, 34:17,37:5, dominates(ti- enter(�i-3:9 existing(ei- 37:17 41:6 12:14, 13:24, 46:17,60:10 , , 55:19 entered[ii- 26:14,26:17, 20:13,21:13, eat[zi-34:19, 43:14,44:16, dominating[zi- 15:16 31:8,37:12,45:1, 21:17,36:8, 49:17, 35:3 56:2,59:6 entertain[si- 51:18,56:9, 45:2, 44:16,44:19, Economic[zi- , , done[ai-7:2, 3:7,7:2, 11:3, 70:13 49:20 49:23 44:23,45:21, 23:19,33:3 , , , 31:19,58:1, 11:22, 18:17, expand[ii- 50:9 50:10 54:147:16,48:6, 63:20 economic[1]- 71:11 65:2 55:19,56:1,56:7, 48:11,50:18 32:12 57:3,59:15, dooms(�i-49:4 entertainment expanding(�i- First[1]-39:9 economy[1i- 59:16,59:22, 1:8 fits[1]-5:18 door[zi-28:14, (zi-44:1,44:4 36:24 59:23,61:6,6 , fit(�i-6:10 4:18 46:5 entire[zi-39:6, expansive[ti- effect[1 i-15:15 61:10,62:2,63:9, doors[3i- 58:11 33:10 five[31-46:19, eight[zi-58:4 22:19,26:24, entirely[i]- expect[1]-64:4 69:7,69:14,70:8, 58:8,67:1 either[4i-5:21, 70:15 67:15 24:8 experience[3i- fact[si-20:14, flip[i]-38:18 down(9i-4:8, 17:23,25:8, entitled[zi- 21:3,21:18, floor[3]-11:12, 47:24 35:1,35:18,47:6, 4:13,9:10, 15:22, 1:13,72:6 56:12 50:8 17:13,70:4 Depo•Court Reporting Service (630) 983-0030 78 flow[31-49:5, frontage[11- girlfriends[11- 20:12,39:21 Hilton[z]- 69:22,70:1 56:14,70:23 54:12 46:4 hand[a1-3:4, 21:14,43:6 immediately[21 fob[1]-28:11 full[11-26:21 given[41-4:18, 10:1,72:19,73:2 hint[i]-28:15 -19:19 focusing p]- fully(4)-30:21, 21:9,27:12, handed[i]- history[1I-14:3 impact[41- 33:20 37:10,40:14, 32:13 15:22 HOLDIMAN[2]- 4:24,6:1,37:3, folks[i1-35:11 41:16 glass[i]-22:19 handicapped[11 2:4,3:12 40:4 follow[31- future[31- GLEASON[3]- -51:16 home[11-25:8 impact-type[11- 32:10,54:14, 42:19,50:1,50:8 68:1,68:7,68:10 hands[1]- Homer[21-4:7, 4:24 64:15 Gleason[21- 14:20 4:12 Implement[1]- follow-up[31- G 68:3,68:8 hands-on[i]- hope[31-14:22, 4:7 32:10,54:14, God[21-63:18, 14:20 24:10,44:5 implications[11 64:15 68:5 hang[1]-9:15 hopefully[31- -42:7 21:21,21:24, following[11- gambling , Goods[21- happy[31-6:24, 28:17,29:19, imposes[1]- 69:4 35:12,35:15 24:12,59:8 42:2 64:19 food[4]-17:10, 44:2,48:7,48:8, governments hard[i]-53:22 horse[6]-17:4, impression[i]- 22:3,34:15, 48:12,G48:24 Game[1 1:15 [11-65:8 harness[31- 25:16,25:18, 49:12 40:18 1- grade[1)-60:16 14:12,23:12, 27:16,68:10, inappropriate foot[11-45:17 gas[11-40:19 graders'[1]- 27:2 69:8 [1]-48:15 football[21- gearing[1I- 60:18 Hawthorne[6]- Horse[11-17:6 Inc[6]-11:23, 60:17,60:18 41:12 gradually[t1- 24:15,25:9, horses[z]- 12:22, 12:23, forced[z1-22:1, general[1]- 44:6 25:19,25:23, 14:5,23:12 19:3, 19:9, 19:10 38:17 33:20 granted[i]- 66:6,66:7 hospital[31- incidence[1]- General[31- foregoing[i1- 71:7 headed[i1- 41:22,42:4, 31:14 72:7 13:6, 19:13,58:1 great[t]-68:14 37:6 59:18 incidences[z1- forth[21-49:22, generated[21- greater[11-35:8 hear[51-14:19, hosted[z1- 28:20,29:12 50:6 56:23,65:7 grill(1)-31:9 14:20,46:5, 60:16,60:17 incident[31- fortunate[21- generating[11- Grill[2]-56:10, 46:11,50:7 hour[t1-1:15 27:23,50:24, 42:24,47:9 55:10 67:2 heard[21- hours[21-31:7, 51:1 forward[t1- gentleman[31- gross[z1- 15:11,66:11 58:13 include[61- 16:20 38:21,41:3, 17:12,70:4 hearing[151- house[11-16:2 54:4,54:6,65:13, Foundry[4]- 66:17 ground[21- 1:12,7:3,9:18, hundred[1]- 65:16,69:9, 21:6,26:5,43:24, genuinely[i]- 41:15,42:1 11:3, 11:7, 11:22, 58:10 70:21 38:16 group[21- including 66:24 13:12, 14:19, hundreds[i1- 9[ ]- geogra four p1-14:6, phics[i] 22:23,25:13 18:5, 19:3,31:10, 37:23 69:14 -21:9 groups[21- hurdle[1]-24:4 inclusive[1]- 16:9,46:19, 33:6,71:12, 50:13,51:10, George[s]- 23:4,61:2 71:22,72:6 Hydraulic[51- 72:8 51:15,59:1 47:15,47:19, Grove[31- hearings[31- 7:16,7:20,7:24, income[4]- Fox[11-21:6 48:13,53:12, 16:16,31:1,56:6 3:2,3:8,9:22 8:1,8:6 43:17,43:19,heavier 57:12,61:18, frame[t]-65:20 growing[31- [z]- 43:21,47:12 frankly[5]- 63:6,65:18,67:7 32:6,37:8,37:15 4:19,39:20 incredibly[21- 4:16, 14:11, GILSON[341- grown[1]-14:7 heck[1]-61:7 21:16,68:12 22:13,22:18, 47:16,47:19, help a -34:3, indicated[21- 47:22,48:17, grows[a1- P[ I 60:9 41:17,41:20, 53:19,63:18, idea[21-26:9, 6:17,20:2 4121 Fred[21-42:10, 48:23,49:7, 68:5 33:22 individual[1]- 49:10,49:16, ,42:3 42:12 guess[51-51:7, hemisphere[1]- identified[4]- 27:13 free[31-41:12, 51:7.53:10, 27:10 16:10, 16:23, individuals - 53:14,53:16, 54:14,55:17, [ ] 41:15,41:24 58:19,61:17 hereby[11-72:4 33:9,66:4 34:1 free-standing 3:20,53:24, herein -71:7 identify[41- g 54:14,54:18, guys[z1-9:15, [ ] industries[31- [31-41:12,41:15, 53:5 hereto[11- 13:3, 15:7,16:13, 32:18,32:19, 41:24 54:23,55:16, 72:17 16:17 32:21 frequency[1]- 57:11,58:15, - H hereunto[11- ILLINOIS[z1- industry[41- 31:14 58:19,59:3, 73:2 1:5,72:1 14:4,25:21,30:8, frequent 121- 59:11,59:14, Heustis[61-8:3, Illinois[221- 40:18 35:3,68:11 61:5,61:16, habits[2]-48:9, 1:16, 13:1,15:23, 61:20,61:23, 8:7,8:8,8:10, information[x1- 49:2 17:1, 17:4, 17:6, friends[11- 62:16,62:20, 8:11, 10:15 27:11,27:18, 46:23 hair[1]-4:5 high[1]-34:1 19:12, 19:20, 34:7,35:22,43:4, friendship[1]- 63:5,63:11, half[51-64:11, higher 111- 21:23,24:19, 62:19,63:1, 65:19,66:2 64:22,65:5, 25:2,25:20,27:1, 42:24 Gilson[11- 34:12 67:19,69:18 front[21-5:9, 65:23,66:1 highlighted[2]- 27:2,27:8,29:18, inherent[1]- 13:20 47:19 halo[31-20:11, 4:2,6:19 29:19,41:19, 64:24 Depo•Court Reporting Service (630) 983-0030 79 initiated[11- 24:15,39:16, 20:24,44:5 LAPORTA[11]- 42:8 56:22 24:16 40:5,64:7 KRAMER[37]- 30:6,31:21,32:7, limits(1]-38:5 looking[8]- Inn[11-21:14 JEFF[1]-2:9 3:23,4:1,6:15, 34:14,35:17, LINDBLOM[14] 12:20, 18:3. integrity[4]- Jefferson(2]- 6:20,6:22,7:4, 35:24,36:4, -2:3,6:14,6:16, 25:14,34:9, 26:21,27:11, 45:2,45:5 7:12,7:20,8:2, 36:14,38:10, 7:21,8:13,8:16, 44:18,46:24, 29:5,29:13 Jennifer[1 - 8:7,8:10,8:24, 40:22,41:6 8:19,9:4, 11:13, 55:22,64:12 intend[2]-6:10, 3:20 10:16, 13:16, LaPorta[41- 12:10, 12:14, looks[1]-28:13 40:14 Jim[3]-30:6, 19:5, 19:24,20:4, 30:7,38:15, 12:17, 13:9, 18:4 lot-line[21-5:7 intense[1]- 59:19,66:21 38:13,48:11, 59:15,66:21 line[2]-5:7 lottery[21- 40:2 job[1]-47:11 48:19,49:3,49:8, largest(1)-45:6 liquor[1]-69:15 21:23,48:12 intention[1]- jobs(5]-46:18, 49:15,50:11, last[71-5:23, list[1]-16:9 love[6]-6:4, 41,16 46:19,46:21, 51:12,57:12, 27:1,31:2,50:20, listed[1]-56:5 23:22,35:17, interest[1]- 47:2,64:14 58:18,58:22, 57:8,60:15,65:6 listening[1]- 35:24,47:7, 62:2 Joe[1]-66:16 59:8,59:13, late[2]-24:17, 44:13 62:22 interested[31- joint[1]-28:9 59:24,64:7,66:3, 32:4 live[5]-30:7, lovely[1]-22:6 23:10,62:12, Joliet(21-45:1, 66:8,66:13, law(11-11:9 32:7,36:20, low[31-6:1, 72:15 45:20 66:17,66:21 lawyer's[1]- 63:22,69:8 31:14,31:16 interests[1]- JONES[14]- Kramer[41- 5:12 lived[2]-14:7, lower[11-4:24 25:24 2:7, 10:19, 11:5, 3:24, 10:5, 13:17, laying[1]-52:1 42:22 LUCIETTO[731- interferes(1)- 12:3, 18:20, 20:4 leading[11- loading[1]- 2:2,3:1,3:7, 23:7 50:21,52:16, Kras[21-23:13, 14:12 55:13 3:11,3:13,3:16, internally[2]- 52:20,53:1,53:4, 24:15 learning[1]- local[3]-23:16, 3:18,3:24,7:1, 27:8,28:6 53:7,63:6,63:12, KRAS[1 1]- 62:12 38:21,39:16 7:6,9:15,9:20, intersection[z] 71:14 24:14,44:11, leasable[1]- locate[11-62:3 10:3, 10:7,10:9, -20:9,20:19 jurisdiction(1)- 46:9,50:12, 70:4 located[11]- 10:22, 11:2, 11:8, [ntertrack[3]- 41:18 58:12,64:9, leasing[1]- 4:3,7:10, 10:6, 11:11, 11:14, 13:4, 16:11, _ 64:18,65:13, 45:17 10:12, 15:10, 11:17, 11:21, 16:24 K 65:16,65:22, leave[1]-25:11 19:17,21:5,31:2, 12:5, 12:8, 12:13, interview[1]- 66:19 leaving[1]- 45:2,56:7,63:3 12:16, 12:19, 31:12 KRAUPNER(2] 37:13 location[10]- 13:10, 15:3, introduce[1]- Kapadia(2)- -2:8,6:21 Lee[11-5:21 13:13, 16:1, 17:21, 18:2, 18:6, 23:7 22:14,38:22 Krysti[9]-2:13, 18:9, 18:12, leg[1]-20:22 16:24, 17:15, invest[1]- keep[1]-44:12 5:4,5:19, 15:4, legal(3]-13:8, 20:6,31:9,33:13, 18:14, 18:17, 29:20 Keith[1]-4:12 20:11,36:2,40:7, 13:9, 17:3 39:10,39:18, 18:21, 18:23, investigations Kendall[10]- 55:16,69:1 legislation[1]- 67:14 19:2, 19:6,20:2, [1]-70:9 13:1, 14:9, 14:11, Krysti's[1]-4:2 13.19 locations[61- 29:24,32:23, investment[1]- 19:12,29:22, Kushkowski(1] legitimate[1]- 13:5,24:1,30:19, 36:2,38:11,41:2, 44:20 33:16,33:24, -4.12 29:16 36:12,37:20 41:8,42:10,46:1, involved a - 34:5,41:21,63:4 52:3 46:14,47:15, 21:3,39:17, 50:17 involved[41 Kentucky length[�]- Y[�]- locked[1]- 47:18,47:21, 66:22,67:1 50:18 53:5,53:12, key -28:13 less[z]-65:12, 31:16 issuance[1] [�] 71;1 logical[1]- 53:15,53:18, keys(z]-5:3, L-shaped[3]- 48:22 53:21,61:18, 70:18 20:17,51:18, liability[�]- 31:16 61:22,63:13, issue[�]-26:9 2g;g logically[�]- kind[11]-4:6, 54:13 63:19,65:18, issues(21- LA[1]-72:2 license[21- 49:5 66:11,66:14, 6:1,8:5,8:16, 36:16,48:10 22:8,22:12,31:9, LAMBKE[14]- 24:4,69:22 long-range[11 67:23,68:5,68:9, issuing[1]- 45:9,59:17,66:4, 7:9,7:16,8:9, licensed(, 37:1 68:23,69:1, 52:5 8:18,8:22,9:1, 13:3, 16:24, long-term - 71:11,71:15, 68:18 item[�]-7:8 24:19,29:17 55:23 kindly[21-3:3, 9:6,9:19, 10:4, 71:18 itself[3]-13:13, 10:8, 10:13, licenses[3]- long-time[�]- 9:22 luck[1]-68:19 24:12,44:17 65:1,69:12, 14:15 45:24,46:2, King[1]-24:2 69:16 look[13]-14:22, lunch[11-57:4 known[11- 46:10 nn L J Lambke[2]- life[1]-49:4 15:19, 16:7, Y [51-33:2, 20:22 40:1,40:17,41:9, KOULIS[7]- 10:8,46:2 light[1]-22:9 24:10,24:23, JACK(1]-2:7 54:9,57:18, land[1]-8:23 like-industries 25:17,29:7,29:8, 61:23 James[1]-3:19 60:14,61:14, landlord[3]- [1]-3219 32:3,45:22,60:1, JANE[1]-2:10 66:15,66:20, 57:14,58:17, limited[5]- 60:2 M 59:9 25:1,50:13,69:8, looked[6]- Jeff[7]-23:13, 66:22 23:24,24:11, Koulis[z]- landscaping(1] 69:14,70:3 26:13,30:17, machinery(1]- -9:10 limiting[1]- 39:15,55:5,55:7, 4:8 Depo•Court Reporting Service (630) 983-0030 80 Magee I1]- 1:4 Mokena[5]- 18:13, 18:20, 64:14,64:24 58:14,60:5 14:12 meeting[4]- 16:13,21:3, 19:5, 19:24,20:1, must[4]-9:18, NOBLE(21]- main Ill-26:16 1:12,5:23,31:4, 28:10,30:18, 20:4,24:14,30:6, 69:11,69:24, 6:18, 15:6,30:24, maintain(2]- 71:23 67:2 31:21,32:7, 70:11 32:2,36:5,37:19, 17:13,69:24 MEMBER[l]- money(6]- 34:14,35:17, 51:14,52:19, major[l]-33:15 65:9 27:24,28:1, 35:24,36:4, N 52:23,53:2,54:3, majority(1]- members[3]- 35:14,38:3, 36:14,38:10, 54:10,54:17, 60:7 7:5,31:5,46:23 38:23,46:13 38:13,40:22, 54:19,55:4,56:4, Mall Ill-45:5 memo Ill- monitor Ill- 41:6,44:11,46:9, nails(1]-57:24 65:2,65:10, mall[2]-45:6, 31:11 56:19 48:11,48:19, name[71-9:16, 65:15,66:7, 58:5 Menards[8]- monopolize Ill- 49:3,49:8,49:15, 10:7,24:14,30:4, 67:12 management[l] 40:12,40:14, 55:2 50:11,50:12, 30:6,46:1,63:21 Noble[1]-2:13 -44:15 45:7,45:18, month Ill- 50:21,51:12, Naperville 121- normal[1]- 26:6,28:10 40:19 45:19,49:21, 60:16 52:16,52:20, managers[i]- 28:12 49:22 monthly[1]- 53:3,53:4,53:7, National[l]- normally[2]- manages[1]- mention[4]- 65:3 54:9,57:12, 39:10 27:1 27:3 27:24 46:16,47:4, months Ill- 58:12,58:18, national[4]- North(11]- manipulates[1] 60:14,66:15 5:24 58:22,59:8, 27:9,34:8,62:12, 21:11,21:14, -27:19 mentioned[13]- most[6]-9:8, 59:13,59:24, 63:2 21:17,22:5,26:4, manufacturing 14:1,21:2,28:10, 36:12,37:9, 60:14,61:14, nature[3]-5:13, 30:18,42:22, 2 38 7 31: , : [1]-16:13 30:13,37:10, 43:10,58:3, 63:6,63:12, 43:1,43:14,44:8, map[3]-4:3, 40:6,43:9,44:2, 61:14 63:20,63:21, nay[7]-3:16, 44:14 8:12,20:11 47:5,48:5,58:16, motion[12]- 64:7,64:9,64:15, 11:17, 11:18, north[1]-58:24 Market(l - 59:19,59:21 3:8,7:2, 11;3, 64:18,65:13, 12:8, 18:12, north/south Ill- 40:15 menus[11- 11:12, 11:22, 65:16,65:22, 18:13,71:18 22:13 market[6]- 60:15 12:1, 12:5, 18:3, 66:3,66:8,66:13, near[3]-16:1, notes[l]-72:9 6:10,24:7,24:8, merits[1]-53:9 18:18, 18:19, 66:15,66:17, 16:2 nothing[5]- 66:19,66:20, nearb y[1]- 24:9,35:14, MICHAEL li]- 71:12,71:16 42:7,43:10,46:7, 41:17 2:5 move[41-18:4, 66:21,68:1,68:7, 70:12 63:18,68:4 Marketplace(3] midnight[1]- 45:10,45:13, 68:10,71:13, necessarily Ill notice[1]- -33:17,34:5, 27:3 45:14 71:14 32:20 20:15 63:4 might[5]-4:20, moved[6]- MS[47]-2:2, necessary Ill- November[1]- Marlys[1]-2:15 12:10,33:10, 3:10,9:10, 11:5, 2:6,2:10,6:18, 29:4 1:14 Mart[2]-45:12, 33:12,40:9 12:2, 18:20, 7:9,7:16,8:9, need[3]-9:16, number[9]- 45:19 Mike Ii]-7:12 71:13 8:18,8:22,9:1, 9:17,30:4 8:20, 14:8, 14:10, matter[1]-1:13 mileage[1]- moving(2]- 9:6,9:19,10:4, negative[2]- 20:14,24:4,47:2, matters[1]- 66:9 11:21,42:23 10:8, 10:13, 12:4, 14:21,37:2 47:3,47:17, 70:10 miles[3]-25:8, MR(i3o]-2:3, 15:6, 18:8,18:22, neighborhood 47:23 matures[2]- 45:3 2:4,2:5,2:7,2:8, 30:24,32:2,33:1, [3]-4:21,4:24, numbers[2]- 64:9,65:20 Mill[3]-7:21, 2:9,3:10,3:12, 34:21,35:20, 6:6 35:6,36:1 7:22, 10:14 3:23,4:1,6:14, 36:5,37:19, neighboring[1] maturity[�]- 64:10 million[3]- 6:15,6:16,6:20, 41:10,45:24, -47:4 O mayor[2]-43:1, 65:7,65:9,65:10 6:21,6:22,7:4, 46:10,46:15, neighbors(1]- --- 43:5 mind 121-26:3, 7:12,7:14,7:18, 51:14,52:19, 46:23 Maywood[1]- 53:16 7:20,7:21,7:22, 52:23,53:2,54:3, network(2]- o'clock[5]- 25:12 mindful[2]- 7:24,8:1,8:2, 54:10,54:17, 24:16,38:17 23:12,27:1,58:4, McDonald's[2]- 20:16,46:22 8:4,8:7,8:10, 54:19,55:4,56:4, never[4]-38:8, 58:8 5:2,24:3 mine(3]-53:11, 8:11,8:12,8:13, 62:7,62:18, 56:11,56:16, Oak[l]-68:8 mean[2]- 56:5,56:19 8:15,8:16,8:19, 62:24,65:2, 57:7 objection Ill- 29:16,46:6 minimum[1]- 8:24,9:2,9:4, 65:10,65:15, new[3]-37:16, 39:13 means[i]- 64:12 9:5,9:8,9:12, 67:12 45:14,47:1 observed(2]- ]- 48:20 minutes[2]- 9:14, 10:11, muffler[l 8:17 news[1]-4:23 27:7,57:7 meant[i]-36:6 28:17,53:17 10:14, 10:16, multiple[1]- next[a]-35:4, obtain[z]- miti 10:18, 10:19, 24:1 41:23,46:5, 69:11,69:21 measures(z]- gate[z]- 67:20,69:19 67:20,69:19 10:20, 11:5,11:6, Municipal Ill- 59:18 obviously(2]- medical[1]- mitigated ated[1]- 11:9, 11:13, 13:2 nice[4]-14:16, 13:18,27:24 i 36:23 52:7 11:18, 12:2,12:3, municipal[]- 39:1,46:12,61:8 occupancy[i]- meet[2]-55:13, Moe[4]-22:14, 12:10, 12:14, 13:15 niche[i]-67:10 7018 38:22,39:11, 12:17, 13:9, municipality(4] night(5]-14:5, occupied(11- 66:9 MEETING(1]- 58:1 13:16, 18:4, -29:22,64:4, 23:12,58:4, 22:14 Depo•Court Reporting Service (630) 983-0030 81 occupying[1]- 65:3,65:4,65:5 45:4,72:17 23:5 68:20 49:21,72:10 58:24 one-and-a-half Orland[41- Park[31-25:12, per p1-18:18, plan[10]-26:18, occurs[i1- [i]-65:5 32:5,32:6,32:7, 32:6,32:8 50:13,50:14, 44:6,49:19, 35:19 ones(11-32:2 36:6 parking(351- 51:16,51:23, 51:23,51:24, OF[41-1:5, open[131-3:8, OTB[241-15:7, 5:14,40:8,40:13, 52:18,64:17 55:23,56:14, 1:11,72:1,72:2 3:18, 11:22,12:1, 15:16, 15:21, 49:14,49:17, percent[9]- 70:20,70:21, off-site[11- 18:18,26:24, 16:8, 17:11, 49:19,49:20, 17:12,57:10, 70:24 70:20 28:14,29:8,36:8, 17:19,22:7, 50:2,50:9,51:10, 64:19,64:21, Plan[31-5:5, off-street[1 36:13,46:5, 22:16,22:20, 51:19,52:2,52:5, 64:22,65:3,65:4, 14:2,69:5 55:12 52:15,56:23 24:12,34:24, 52:15,54:2,54:5, 65:5,70:3 PLAN[1]-1:4 off-track[201- opened[31- 35:3,35:6,36:8, 54:6,54:16,55:2, percentage[11- Planning(21- 13:4, 15:7, 16:14, 36:9,43:6,45:4 43:5,43:14, 55:6,55:10, 64:17 41:19,42:18 16:23, 17:9, opening(2)- 43:20,45:20, 55:12,55:14, perhaps[31- Piano[21- 19:14,21:4, 25:5,25:11 65:6,67:2,67:8, 55:20,56:8, 33:24,44:11, 14:14,43:1 24:16,28:19, operate[21- 67:15,68:22, 56:13,56:22, 64:11 plans[41-37:1, 29:10,30:14, 23:14,24:24 69:13 57:1,57:9,58:9, perimeters[1]- 37:3,42:8,42:19 32:20,37:4, operated[i1- OTBs[21-65:11 70:12,70:13, 25:4 plant[11-4:12 37:11,46:12, 57:16 otherwise[21- 70:14,70:20, period(i1- plenty[i]-58:9 48:7,64:5,64:19, operates[i]- 50:17,69:10 70:21 64:11 plus[21-51:15, 69:7,70:7 22:10 Ottawa(11- parlor[11-69:20 permit[3]-52:6, 64:14 offers[21- operating[31- 39:10 parlors(1)- 52:8,70:18 point[4]-7:12, 43:24,69:4 19:14,46:16, outcome[21- 28:20 permits(21- 27:12,36:14, office[3]-5:12 61:10 17:3,72:15 part[s]-10:23, 69:12,69:15 41:1 old[4]-8:13, operation(71- outlots[1]-34:5 12:14, 12:18, permitted[11- Point[i]-67:2 21:14,38:24, 14:18,26:19, outside[31- 44:3 15:17 pointed[1]- 43:6 31:6,46:20, 17:5,27:21,38:3 participant[1 - permitting[11- 40:1 old's[11-60:19 54:21,55:15, overflow p1- 50:16 59:16 police[41-28:8, older(11-5:6 69:13 4:6,40:13,52:5, particular(4]- personal[21- 28:18,31:13, older-type(11- operations[71- 52:20,56:12, 7:7,33:8,38:22, 40:24,63:9 43:13 5:6 26:23,26:24, 57:9,70:14 56:1 pertaining[1]- Poplar[1 30:7 on-site(21- 29:10,51:15, overs[i]-40:19 particularly[1]- 70:10 popular[11- 34:17,51:19 51:20,52:11, overtook[11- 33:19 Peru(11-36:9 57:4 on-track[t]- 56:13 56:17 parties[21- petition[31- population(11- 29:10 operator p own(31-27:8, 72:13,72:14 15:14,49:12, 42:3 once[11-53:22 20:24 39:5,53:9 Partners(i)- 50:10 portion[2]- one[56]-5:3, operators[1]- owner[6]-5:21, 54:10 Petitioner[71- 1:12,71:22 5:22,8:7,9:21, 26:14 34:18,34:22, parts[i]-12:12 19:10,69:11, positive[41- 9:23, 15:1, 15:5, opinion[4]- 57:14,58:2, pass[1]-24:3 69:17,69:21, 6:11,21:18, 15:18, 16:10, 42:16,42:20, 70:12 past[41-20:21, 70:5,70:11, 23:18,47:14 16:18, 19:7, 42:22,63:10 owners[71- 21:2,26:12, 70:19 positively[11- 20:13,21:8, opportunities 4:17,6:9,25:21, 68:13 petitioner[3]- 14:23 21:10,21:17, [1]-62:13 58:21,58:23, patron[1]- 12:23,51:9,71:5 positives[1]- 21:24,22:5, opportunity(4)- 60:4,60:9 70:22 Petitioner's[11- 13:24 22:11,24:4,24:6, 47:1,58:9,66:23, patrons[31- 69:6 possibility[31- 24:20,24:22, 68:21 P 28:3,29:1,29:5 petitioners[61- 34:2,34:7,55:1 25:14,27:14, opposed[i]- pattern[1]-52:2 13:17, 13:21, possibly[31- 27:19,28:23, 60:8 p.m[11-1:15 PC(61-3:19, 14:17,20:5,21:2, 36:18,50:14, 30:1,30:15, opposite[21- 7:3, 11:3, 11:23, 50:1 55:2 30:22,32:24, 34:13,35:16 pacer ket[1 14:5 18:18, 19:3 petitioning - packet(i1-8:5 p g[ 1 Post[31-11:24, 33:5,35:3,36:8, ordinance[31- people(241- 62:3 12:23, 19:10 38:13,39:17, 14:24,55:6, Pages[t]-72:7 14:17,21:21, phone[i1- potential[21- paid[i1-64:23 59:6,65:24 39:24,42:21, 55:14 21:22,23:10, 62:11 44:14,45:24, ordinances[1]- panic[11-28:16 33:23,34:10, phonetic[i]- potentially[3]- 47:2,47:17, 51:16 Pantry(11- 35:7,35:13, 4:13 47:23,48:6, 38:24 29:1,49:18,56:3 organizations 35:14,37:24, physical[21- precautions(11 48:14,49:5, [i1-24:24 parallel[1]-8:6 38:16,49:22, 17:1,33:12 -29:4 50:23,51:10, oriented[41- parcels[41- 50:6,57:23,58:2, picture[i]-20:8 precedent[21- 53:5,58:20, 22:24,59:22, 7:14, 15:23, 58:10,58:12, place[s]-4:18, 49:24,51:3 58:24,60:21, 59:23,61:11 17:17,33:14 60:1,60:4,62:14, 5:11,8:17,9:10, preclude(11- 61:20,63:22, original(21- parents[1]- 64:1,68:17, 17:4, 17:16,28:5, 25:10 Depo•Court Reporting Service (630) 983-0030 82 precursor[1 20:19 70:23 29:16,30:1, receiving[11- 8:17 44:4,44:17,57:6, 62:3 protection[1]- 30:10,43:8, 35:23 repeat[11-3:4 60:21,67:16 premises[2]- 28:8 47:23,48:1,48:3, recently[21- Report[11-72:7 restaurants[6]- 17:2,28:1 protocol[11- 49:11,53:13, 21:5,32:12 report[21-1:11, 34:4,34:8,34:23, prepared[11- 28:5 61:19,67:24, recognize[t]- 5:5 35:10,62:1 41:14 provide[6]- 71:8 65:23 reported[1]- restricted(11- prescribed(11- 51:23,51:24, quite[3]-10:5, recommend(11 72:5 6:7 17:6 62:24,67:18, 34:13,57:15 -6:11 reporter[11- retail[4]-54:2, presence[11- 69:17 recommendati 30:3 54:7,55:21, 45:7 provided[11- R on[51-15:9, Reporter(l1- 55:23 PRESENT[1 1- 70:17 16:19, 16:20, 72:4 revenue[51- 2:12 public[16]- Race[41-24:15, 17:8,44:8 represent[i]- 14:1,23:15, present[2]- 1:11,3:1,3:8, recommendati 27:22 37:24,43:23, 3:21,31:11 7:2,9:18,9:22, 259'25.19, ons[4]-6:12, representative 64:2 3 11:3, 11:7, 11:22, 25:24 P resentation[ 1 race p1-17:4, 51:23,69:2,69:5 s[1]-62:11 review[11-16:6 -14:23, 15:1, 13:12, 18:5,19:2, record[9]-9:16, represented[21 revocation[i]- 30:8 31:10,70:9, 17:5,25:1,25:22, 27:2,68:13 11:20, 13:16, -24:17,25:2 71:7 presented[11- 71:12,71:22 18:16, 19:8,20:7, representing[t1 rezoned 11]- 31:10 publicly[i]- races[21- 29:11,66:9,69:3 -13:17 15:12 preventative 62:10 27:15,69:8 P [ ] recording[11- reproduced[i]- riders[i]-25:22 -67:20 PUD(3)-4:15, racetrack[11- 30:3 72:20 Ridge 11]-19:18 prevention 50:21,50:23 44:3 P [1 racetracks[z1- rectify[11- request[z1- right-of-way[21 70:9 pull[1]-52:8 26:22 69:6,70:8 -8:14,8:15 preventive purchases i 65:14,65:17 P [ ]- []- red[31-4:3, requesting[z1- ringing[z]- 69:18 28:24 Racing 17:7, 15:23, 17:1, 6:17,64:1 13:1, 19:12 43:7,44:9 previous[21- purely[11-60:7 69:22,70:1 referencing p]- required(51- river[i1-4:10 15:11,55:11 purple[11- racing(31- 10:17 55:6,55:8,56:13, Road[2]-1:15, Pride[i1-38:24 20:10 referring[1]- 69:12,70:20 21:11 primary[31- purpose[11- 23:11,25:16, 50:12 requirement[41 road[21-7:23, 17:14,38:7,38:9 19:14 25:18 8 radiator(1 regarding[21- -52:10,56:15, 36:23 privileged[1]- purposes[141- 17:21,70:21 66:9,67:21 robberies[1]- 62:19 24:20,24:22, 4:13 raise[z1-3:4, regards[31- requirements 28:21 problem[i]- 25:5,26:4,26:11 15:24,31:13, [1]-55:13 robbery[1]- 6:12 26:23,27:5, 9:24 a Randall[z]- 54:21 research[z1- 28:23 PROCEEDING 27:20,28:8, 21:11,39:18 registered[41- 31:1,37:19 Rockford[1]- S[1]-1:11 28:18,29:12, 16:2,20:12, researched[1]- 36:1,1 proceedings[21 29:21,45:1,66:8 range[t]-37:1 20:14,39:12 32:3 room[31-41:13, -71:21,72:5 put[61-22:17, ranged[1]- regulars[i]- residences[1]- 46:8,46:11 g [ 32:11,32:15, Proceedings 1 31:15 i 61:1 16:1 Room(21-43:4, rather[11-22:23 52:9,67:9,67:22 -72:7 regulated[1]- resident[4]- 46:10 process[2]- putting(11- read[4]-12:21, 26:19 14:15,42:13, Rose[21-38:22, 32:11,42:16 59:18 19:8,69:2,69:3 regulations[1]- 47:17,47:23 39:11 product[11- real 12]-13:23, 51:17 residential[21- Route[41-4:10, 25:15 Q 19'16 related[31- 4:15,39:22 19:19,20:9, professional[1] really[141- 70:8,72:12, residents[z]- 21:15 25:13,26:5,26:7, -69:10 72:13 31:5,36:20 run[1]-14:5 Quad[2]-25:3, 26:8,33:20, project[�1- relationship[1] respect[21- runs[31-14:13, 25:10 33:21,35:7, 10:24 -40:12 29:9,55:16 21:23 Quad-City(i1- 35:12,37:13, proper[i1- remaining[1]- response[s1- Rush[z]-36:24, 25:10 39:23,47:1, 43:15 45:10 3:17, 11:1,12:9, 41:11 qualify[21- 61:11,63:23 properties(21- remedied[i]- 18:1,28:17, Rush-Copley[2] 15:24, 17:18 realtor's[1]- 5:19,5:22 71:5 31:24,68:24, -36:24,41:11 quarreling[1]- 5:12 property[�a1- remember[1]- 71:10,71:19 51:13 rear(31-5:15, 4:2,4:21,6:9, 65:11 responsibility S questioning[11 54:12,56:9 6:10,6:17,9:9, remodeled[i]- [91-72:20 -- -61:6 reason(i1-5:13 19:16,33:8,35:9, 22:17 rest[i]-12:21 questions[13]- receive[11- safe[11-28:4 69:24,70:10, 50:5 5:2, 17:10,22:6, 70.9 45:8,45:15, 6:24, 10:23, 64:4 rent[21-49:20, restaurant[�31- safety[21-29:4, 17:23, 19:7, received[1]- 70:12 rental[1]-39:8 22:21,22:22, sales(i1-4:9 19:22,24:13, 64:5 proposed[z1- repair[2]-4:13, 35:5,38:7,39:21, Depo•Court Reporting Service (630) 983-0030 83 SALLE[1)-72:2 51:5,60:23,63:8 signed[1)- 56:3,56:17, 9:22,30:2 stores[3]-37:8, SANDRA[1)- separated[11- 72:18 56:20,56:23, standard[1]- 43:20 2:6 22:7 similar[21- 57:10,59:1 56:5 stormwater[1[ satellite[1)- seriously[31- 31:9,49:21 Special[1[- standardbred 41:14 28:9 26:20,29:6, simply[1]-24:5 13:5 [1]-14:3 strain[1)-57:1 satisfaction[1]- 29:17 simultaneously special[22)- standards[1)- strategic[1]- 71:6 serve[1) 34:15 [1]-17:3 13:13, 13:20, 55:14 26:13 Saturday[41- served[1)- single[1)-45:6 15:13, 16:11, standing[5[- Street[3)-45:3, 40:10,50:19, 42:16 sit[3)-34:8, 16:15, 16:16, 40:8,41:12, 46:17,63:22 58:11,68:14 service[31- 51:2,68:18 19:4, 19:7,19:13, 41:15,41:24, street[8[-5:17, saw[2)-6:10, 24:8,31:13, sit-down[1)- 20:6,20:15, 69:24 9:11,33:16, 55:6 43:13 34:8 37:22,38:1,40:6, start[1)-23:12 34:19,37:4, school[6]- services[2[- site[8]-30:14, 50:22,51:21, started[2[-4:6, 40:16,55:12, 16:1, 16:3, 16:4, 70:22,70:23 34:17,42:4, 52:8,52:10, 39:3 55:24 61:3,61:4 serving[1]- 46:16,51:15, 67:22,70:14, STATE[1)-72:1 strength[1]- School[1)-61:3 22:3 51:19,56:24, 71:4,71:7 State[5)-21:23, 47:12 schools[11- set[6)-17:16, 70:20 special-type(1) 27:7,29:18, strengthening 30:15 22:2,29:2,49:24, sited[1[-41:7 -20:15 29:19,41:18 [1]-35:6 Schwarz[1)- 51:3,73:2 siting[1]-59:15 specific[3)- state[15]-9:16, strictly[1]- 3:20 setback[21- sitting(1)-5:16 62:22,67:19, 15:22,20:11, 60:22 Sears[11-14:14 5:9,5:17 situation(2)- 69:18 23:17,24:4, stronger[1[- second[17]- setting[11- 56:16,56:19 specifically[1]- 25:20,26:20, 35:1 3:11,3:12, 11:12, 22:24 six[6)-17:18, 19:8 30:4,40:24, strongly[1]- 11:13, 12:3, 12:4, seven[3)- 25:2,39:7,51:17, specifics[2)- 47:18,64:18, 21:22 12:6, 12:17, 23:12,39:7, 54:19,56:21 48:6,61:24 65:1,65:5,65:8, structure[1]- 14:19, 15:1, 18:7, 56:20 size[1)-24:5 spend[1)- 66:10 17:2 18:8, 18:21, several[4)- skill[1]-68:20 35:14 state-wide[1]- study[1)-56:14 18:22,48:14, 4:14,26:12,48:3, small[1]-25:13 spending[1)- 65:8 subject[2)- 71:14,71:16 56:24 smart[1)-49:9 34:2 statement[1)- 21:16,71:6 secondary[2)- shady[1]- societal[1)- spent[1)-38:23 48:22 submit[1)- 16:4,38:6 44:22 48:10 sport[3)-26:20, states[1]-25:7 70:19 section[2)- shall[1o)-69:7, sold[1)-39:4 68:12,68:14 stations[1)- submitted[2)- 60:20,60:22 69:17,69:21, solid[1]-46:7 Sporting[2)- 40:19 56:15,71:1 security[7)- 70:3,70:5,70:17, someday[1]- 35:12,35:15 statistics[2)- subsequently 14:21,22:20, 70:19,70:21, 42:2 sporting[21- 35:18,35:21 [1]-42:15 23:15,27:5, 70:24,71:5 someone[2)- 23:4,69:9 statute[2)- subsidized[1)- 27:20,28:6, shaped[3)- 3:21,55:22 Sports[1o]- 25:7,64:18 64:22 67:17 20:17,51:18, somewhere[1)- 11:23,12:22, stenographer success[1)- see[12)-32:4, 54:13 273 19:3, 19:9,21:1, [1[-53:19 34:12 34:19,35:17, share[3)- sorry[3)-6:20, 22:10,26:15, step[1)-41:23 successful[2)- 35:24,37:7, 23:16,24:7,62:7 9:19,36:6 58:6,59:22,60:8 steps[1]-20:13 23:6,28:23 43:19,45:23, shared[3)- sort[1]-49:1 sports[3[-23:2, Steve[7)- succinct[1)- 46:20,56:24, 56:8,67:13, source[1)- 51:20,70:2 20:24,21:3, 43:4 59:4,61:12, 70:11 43:21 spot[1)-67:9 22:10,57:15, sufficient[11- 62:20 shirt[1]-66:18 south[7)-4:4, spring(1i- 58:15,61:5, 70:13 seeing[1)- shopping[21- 7:22,7:24,8:7, 41:16 66:14 suit[2)-72:13, 43:18 33:16,63:3 19:19,22:9,59:1 Square[1)-45:5 Steve's[3)- 72:14 seek[1)-52:13 Shorthand[1]- southeast[1)- square[1)- 22:22,44:20, sulkey[1)-14:4 seem[1)-57:3 72:4 45:3 45:16 60:3 Sunday[21- selected[1)- shorthand[2)- southern[1]- SS[1)-72:1 still[61-5:24, 58:7,58:11 47:8 72:5,72:9 25:4 Staff[1o[-5:4, 8:15,32:6,36:13, Sunflower[1)- sense[2)- show[2)-8:10; southwest(3)- 5:5,6:13, 14:23, 37:15,39:5 47:20 38:13,65:3 35:18 20:8 20:18 15:8, 15:20,16:6, Stoney[1]-67:2 Super[4]-45:8, sensitivity[1]- showing[1]- 39:11 17:9,52:9,69:2 stood[1]-60:10 45:11,45:12, 28:3 35:20 space[3)-50:5, staff[3)-55:4, Stop[3]-40:21, 45:19 sentiment[1[- shows[1)-5:19 58:24,70:4 67:6,69:4 57:24,58:1 super[1)-45:19 67:13 shy(2)-24:18, spaces[12)- Staffs[2)- store[1]-14:14 support[2)- separate[9)- 44:15 39:8,51:15, 16:19, 17:19 stored[1]-4:8 38:8,44:10 22:18,22:20, side[4)-4:4, 51:16,53:24, stage[1]-6:23 storefronts[1]- supporting[6]- 26:8,31:4,51:1, 4:10,7:23,39:17 54:11,54:12, stand[3[-3:4, 32:15 25:15,25:18, Depo•Court Reporting Service (630) 983-0030 84 25:19,25:20, 68:20 took[1[-38:24 63:18,68:3,68:4 UNIDENTIFIED 28:9 25:23 tendency[i[- top(4[-20:18, trying[5[- [1[-65:9 venue[1e[- supports[1]- 49:1 20:22,24:6,52:9 34:22,36:14, unique[2]- 24:23,25:5,25:7, 61:7 tenure[1[- total(3[-22:2, 49:8,53:6,53:19 43:17,43:21 25:8,25:11,26:2, surcharge[3[- 28:19 54:3,64:21 tucked p]- unit[i[-51:18 26:4,26:11, 64:20,64:21, term[1[-55:23 totally pi-22:7, 22:12 UNITED[1[-1:5 27:22,29:19, 64:23 terns[6[-20:6, 22:24,39:22, Turf[2[-43:4, United[4i- 44:16,45:4, surrounding[3[ 23:10,36:22, 44:7,44:9,48:14, 46:10 12:24, 19:11, 45:14,45:17, -32:16,33:7, 38:20,40:3 60:13 turn[1i-42:11 70:6,71:4 45:21,46:9, 33.14 testimony[2]- touched[2[- turned(2)-5:10, units[1]-22:12 64:12,64:19 surveillance[3[ 63:16,73:1 63:23,66:4 22:23 unlikely[1]- venues(9[- -27:21,28:7, text[1o)-12:15, towards(4[- TV(1[-38:17 24:21 24:18,25:1, 70:7 12:20, 13:7, 28:3,41:1,61:9, two(18)-3:1, up[26)-8:1, 25:18,27:23, survey[1[- 13:14, 13:18, 68:20 5:23, 12:12,14:9, 14:7,22:2,25:5, 28:9,29:10,44:1, 31:12 14:24, 15:6, tower[1i-42:3 23:9,24:2,24:6, 26:24,28:14, 44:4,45:22 Susan[2[-10:8, 16:20, 17:22, town[6[-21:19, 26:6,37:22, 30:2,32:10,40:8, verify[1]-5:24 46:2 38:5 24:5,38:24,47:2, 46:15,47:3, 41:12,43:4,43:6, versus[2[- swear[3[-9:17, theft[1[-49:4 47:7,62:15 50:14,50:20, 43:11,43:15, 63:8,63:9 63:16,68:3 theirs[1[-31:1 Towns[i[- 52:18,60:9, 43:16,43:22, vetted[1[- sworn(6[-3:6, themselves(3i- 19:18 64:19,64:21, 44:1,44:5,44:8, 31:12 9:18, 10:2, 19:21, 30:20,31:23, track[26[-13:4, 64:22 44:10,47:24, viewing[1[- 63:15,68:2 60:24 15:7, 16:14, two-and-a-half 54:1,54:14,59:1, 69:6 synergy[1[- thereof[2[- 16:23, 17:5. 17:9, (1[-64:22 60:1,64:15 village[21-28:8, 47:11 72:15,72:18 19:14,21:4, two-county[i[- upper[1]-22:6 28:18 system[5i- they've[2[- 23:13,24:16, 14:9 upper-end[i[- Villages[1[- 27:9,27:10, 40:10,40:12 28:19,29:10, two-percent(21 22:6 21:6 27:19,28:11, thinking[3[- 30:14,32:20, -64:19,64:21 upscale(3i- violation(1[- 70:7 8:3, 10:16,36:22 37:4,37:11, type[221-4:21, 43:10,44:17, 71:3 systems[2[- thorough[1[- 46:12,48:7,64:5, 4:23,4:24,5:6, 55:23 violence[ii- 28:6,28:7 31:11 64:19,66:5,69:7, 5:10,5:20,6:5, upset[1[-29:2 14:21 thoroughbreds 70:7 14:20,20:15, user[5[-4:17, visited[2[- T [i(-23:11 tracks[31-25:1, 21:20,21:24, 6:5,38:4,39:5, 56:24,57:8 thousands(l]- 25:22,26:12 27:17,32:22, 52:4 VITOSH[1[- 37:23 traff ic p[-4:19, 38:8,39:18, users[2[-55:8, 1:14 table [4]-57: three[1o[-5:24, 45:15,52:2,52:7, 40:17,46:20, 62:12 Vitosh[2]-72:3, Tacos(4[-57:2, 6:18,7:14,9:12, 56:14,58:5, 49:24,53:6, uses[e[-6:6, 73:6 57:3,57:24 14:6, 19:17, 70:23 55:18,57:6,65:6 15:15, 16:8,40:2, volume[2[- talks[]-- :1 37:22,50:17, Trail[3[-19:20, types[21- 54:22,56:10, 31:15,31:16 Tap[ni-600:1 50:20,52:18 20:9,70:24 24:24,32:14 57:6 voters(31-16:2, tavern(��-60:6 throughout[2i- trainers(2[- utilized[i]- 20:13,20:15 tax(1[-65:3 58:10,65:1 14:10,25:21 U 17:2 teachers[1 i- Tim[2[-68:2, transaction[1]- W 61:2 68:8 27:6 V televised[i[- timing[1[-42:9 transcript[2]- U.S(1)-70:24 17:4 Title(1[-13:2 72:9,72:18 Ultimate[11]- wager[3[-17:3, televisions(il- today[51-3:2, transportation 11:23, 12:22, vacant[41- 27*17 68:14 23:3 42:6,60:18,61:1, [1]-56:14 19:3, 19:9,21:1, 8:23,8:24,32:15, wagering[io[- ten[i[-67:7 61:2 treat[i[-67:11 22:10,26:15, 37:8 13:4, 16:11, tenant[6[-45:6, together[1[- trees[2)-9:2, 57:16,58:6, valet[i[-70:23 16:24, 17:13, 45:10,56:10, 24:3 9:7 59:21,60:8 Valley[1[-21:6 27:14,64:21, 56:20,58:24, Tollway[2[- Triple(2[-38:1, under[7]-5:21, Van[1 1[-4:4, 69:7,69:9,69:23, 69:13 21:15,43:6 50:15 41:18,44:15, 4:19,5:16,6:2, 70:2 tenants[9[- TOM[1[-2:3 trolley(3[- 49:11,64:18, 7:10,7:17,7:18, wagers[3[- 51:18,54:20, tomorrow([- 49:21,50:5, 72:19,72:21 8:6, 10:4, 10:6, 64:20,64:23, 54:24,55:9, 61:4 70:22 underage[21- 15:17 65:6 57:17,57:19, 67:20,69:19 Vanna[i[- wait[1i-58:2 57:21,59:10, tonight: -6:5, trolleys[�[- undevelo 13:18, 14:1 19, 40:13 Pe d[ ] 10:19 Wal[z[-45:12, 63:2 -39:22 variation(2[- 45:19 14:23,21:1, trotter(1[-14:4 tend[1[-40:20 23:20,47:6 true[1[-72:8 unexperienced 52:13,52:14 Wal-Mart[21- tended(1i- tons[1[-23:2 truth[6[-63:17, (11-67:4 ventures[1[- 45:12,45:19 Depo•Court Reporting Service (630) 983-0030 85 walk[2]-46:6, 50:14,51-11, 60:23 52:18,64:11, wall[2]-46:6, 64:13,65:7, 46:7 65:23,65:24 watch[2]- year-to-year[1] 38:18,68:12 -65:24 Waukegan[1]- years[13]-4:5, 36:7 4:14, 11:10, week[3]-42:14, 21:14,26:12, 50:20,57:8 28:22,38:23, welcome[3]- 42:23,60:2,60:3, 10:20,41:2, 66:23,67:1,67:7 57:19 YORKVILLE[1] welcoming[1]- -1:5 33:22 Yorkv[lle[37]- west[4]-4:10, 1:16, 12:24, 7:16, 19:19, 19:12, 19:20, 39:17 23:23,24:23, western[1]- 25:6,26:1,26:10, 25:4 30:7,30:22, whatsoever[4]- 32:10,33:3, 28:16,42:8,42:9, 33:23,34:1,34:3, 44:22 37:15,40:15, whereby[1]- 41:21,42:13, 27:10 42:23,43:1, whereof[1]- 43:17,47:13, 73:1 47:20,49:13, White[1]-68:8 50:3,50:10, whole[5]- 60:16,60:17, 50:16,51:5,54:2, 61:3,62:2,62:4, 63:17,68:3 67:3,68:22,70:6, wide[1]-65:8 71:5 wife[1]-38:22 Young[1]-2:15 window[1]- younger[1]- 27:15 22:23 wing[1]-39:3 youth[1]-23:4 winning[2]- 64:20,64:23 Z WINNINGER[1] -2:10 Zenyatta[1]- wishes[2]-7:7, 68:13 41:3 zoned[4]- witnesses[2]- 17:18,39:19, 3:6, 10:2 39:20,39:22 wonderful[2]- zoning[5]- 68:12,68:21 5:20,6:11, 12:18, wooded[2]- 35:9,40:3 9:4,9:5 Zoning[1]-13:3 word[1]-20:7 works[1]- 43:22 worship[1]- 16:3 Y yard[1]-4:7 year[15]-31:2, 37:23,44:15, Depo•Court Reporting Service (630) 983-0030 C,r� Memorandum 0 To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director EST. l 1836 CC: Bart Olson, City Administrator Lisa Pickering, Deputy Clerk(for distribution) a]I oa= ® Date: February 28, 2011 °� Kendae counTy �� Subject: PC2011-01 Kendall County Fair Association, Inc. (Mile and 1/2 Review) <LE The Kendall County Fairgrounds, located on Illinois Rte. 71 just west of Illinois Rte. 47, is an approximately 30-acre public open space recreational site in unincorporated Kendall County. The fairgrounds operations are handled by the Kendall County Fair Association, a non-profit organization, which hosts several year-round events, fairs, sales, fundraisers, meetings and private parties. The funds generated from the rentals and commercial-type activities are needed to help finance the fair and maintenance of the property. The fairground property is currently zoned agricultural with a special use permit. Since the present use and operation of the fairgrounds are not being modified or intensified, the request for rezoning is to simply reclassify the property to a more appropriate zoning district which accurately reflects its current use. As part of our statutory authority, Yorkville can review this zoning petition made in the County since it is within 1.5 miles of our corporate boundaries; and if opposed to the request, the City has the right to file an objection by resolution. Application to Kendall County: The Kendall County Fair Association, Inc. is seeking County approval for rezoning from A-1 Agricultural District Special Use to B-4 Commercial Recreation District in their application. Kendall County B-4 Commercial Recreation Zoning District is defined as: "The B-4 Commercial Recreation District is intended to accommodate commercial activities that serve the recreational needs of County residents, or which are dependent upon locations near recreational resources, such as lakes. This district is provided to permit the development of these business activities, to protect adjacent areas against encroachment by incompatible uses, and to lessen congestion on public roads. "t Fairgrounds are permitted uses in the B-4 Commercial Recreation District and are subject to the bulk regulations of that district such as minimum lot size, required yard setbacks, lot coverage, maximum building height, signage and off-street parking/loading requirements. Yorkville Comprehensive Plan Future Land Use Designation: The United City of Yorkville's 2008 Comprehensive Plan Update designates the area on the southeast corner of Highpoint and Illinois Rte. 71, where the fairgrounds are located, as "Parks/Open Space". The intent of the "Parks/Open Space"land use is: Kendall County,Illinois:Zoning Ordinance hgp://www.co.kendall.il.us/zonin /zg oning ordinance.htm 1 "...ftjo preserve existing public open spaces such as recreational areas (park lands), existing privately held open space properties such as cemeteries, while identifying environmentally sensitive areas to establish appropriate locations for new designated open spaces. " Furthermore, the Yorkville 2008 Comprehensive Plan Update designates the immediate areas surrounding the fairgrounds to the southwest, northwest and northeast quadrants of Highpoint and Illinois Rte. 71 for"Neighborhood Retail" land uses. The "Neighborhood Retail" land use category of the Comprehensive Plan correlates to a"B"Business District zoning classification. Staff Comments: • The County's B-4 Zoning Classification allows the following as permitted uses: 1. Boat launching ramp 2. Daycare facilities 3. Fairgrounds 4. Golf courses (including miniature golf), golf driving range, club houses, country clubs, and membership riding clubs 5. Health clubs (public or private) and related accessory uses 6. Non-profit recreational facilities and related accessory uses 7. Parks, forest preserve, nature preserve, and other public and private open space (but excluding lighted athletic fields). 8. Temporary buildings or structures for construction offices or storage, on the same zoning lot, for a period not to exceed such construction. 9. Accessory uses (including caretaker's residence). A majority of the above-referenced permitted uses are also uses identified as permitted or special uses within the commercial/business zoning districts in the City of Yorkville. • The fairgrounds property will have to adhere to the established bulk regulations of the County's B-4 Zoning District. • The intensity of land uses is not proposed to increase as part of this application. • The City's Comprehensive Plan identifies the fairgrounds as an existing public open space which should be preserved as such. • Staff has spoken with the County's planning, building and zoning department who are also supportive of the proposed rezoning to the B-4 Zoning for the fairgrounds. Staff Comments/Recommendations: The rezoning request does not propose to increase the intensity of the fairgrounds existing rental and activities operation and is consistent with the City's Comprehensive Plan's future land use designation. Therefore, staff recommends supporting the Kendall County Fair Association's request for rezoning to B-4 Commercial Recreation District within the County. 2 EK NDALL CouAiR I1'I`Y jkSSOCIATION, INC, Where Family J a f 3012,010 And Friends Meet eDO R©as� &L4 j L , Tl . ea�bo Ili., Z1 . 661�4 0 k �v✓ Q � Wln+�6 �J ouv use 1 (Curnvn�r�-� �-� �c,.�r w eUA s ark vc_��i�,e� �c�Si� o� Zav:�v. W-Z. � Q C.�, v 1 T, z S A-1. �O r\n !V\ 1 Q.' G Gor-6 L4p 1-" Ok A��j pexk\e-c' R-,. L'i �'Mv'e- LWAA ' C' 0-� �c-�c.s„�r� mo.� d� �.�1ti,nod IOWA CiV jA CZ vwK�`\ev�.t' oIv\ V"� �Je_�r w-, k So i0.Se -�calr<_a Gann to - �rL ,-o.� oar � `S i 1Q.i w o c\ a.\s a u r Ca w�w�e�►aC t yott UL- LA 9. C Er\jCA0 0a AV c Ao \40a 1•• J V7 S V i1 C.v-� j , pyte P.O. Box 149 Yorkville, II,60560 630-553.2860 www kendacouflgEir.com Kendall County Fairgrounds, Route 71 west of Route 47, Yorkville, Illinois 1i_ OF KENi}ALL TfiE Cl}�3I - DEPARTMENT OF PLANNING, BUILDING &ZONING 111 West Fox Street •Yorkville, IL + 60560 $R .� �g,1841 (630) 553-4141 Fax (630) 553-4179 APPLICATION PROJECT NAME FILE#jL_I NAME OF APPLICANT K C Y rC- CURRENT LANDOWNERINAM ) I Vd 4 SITE INFORMATION ACRES SITE ADDRESS OR LOCATION ASSESSOR'S 10 NUMBER(PIN) ale EXISTING LA D USE CURRE T ZONING LAND CLASSIFICATION ON LRMP r A "r REQUEVED ACTION(Check All That pPl }: %/ SPECIAL USE MAP AMENDMENT(Rezone to —VARIANCE ADMINISTRATIVE VARIANCE `A-1 CONDITIONAL USE (A-1 Build Ing Permit) _SITE PLAN REVIEW TEXT AMENDMENT _RPD(_Concept;!Preliminary,,^Final) "ADMINISTRATIVE APPEAL PRELIMINARY PLAT _FINAL PLAT _OTHER PLAT(Vacation.Dedication,etc.) AMENDMENT TO A SPECIAL USE Ma'or Minor PRIMARY CONTACT PRIMARY CONTACT MAILING ADDRESS PRIMARY CONTACT EMAIL mike _bre.n e. fy 9 1 Yarkgr t L. -r t. GqE j .r P IMARY CONTACT PHONE# PRIMARY CONTACT AX# PRIMARY CONTACT OTHEIVAqSitil,etc.) o-SVA -a8 Go 36-_5 - S d 'ENGINEER CONTACT ENGINEER MAILING ADDRESS ENGINEER EMAIL ENGINEER PHONE# ENGINEER FAX it ENGINEER OTHER#(Cell,eta) I UNDERSTAND THAT BY SIGNING THIS FORM,THAT THE PROPERTY IN QUESTION MAY BE VISITED BY COUNTY STAFF&BOARD/ COMMISSION MEMBERS THROUGHOUT THE PETITION PROCESS AND THAT THE PRIMARY CONTACT LISTED ABOVE WILL BE SUBJECT TO ALL CORRESPONDANCE ISSUED BY THE COUNTY. I CERTIFY THAT THE INFORMATION AND EXHIBITS SUBMITTED ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THAT I AM TO FILE THIS APPLICATION AND ACT ON BEHALF OF THE ABOVE SIGNATURES. SIGNATURE OF APPLICANT DATE FEE PAID:�5 37L CHECK#: 17 5 Hc:••n� �C-�;�,�,1 'Primary Contact will receive aff correspondence from County -'Engineering Contact will receive all correspondence from the County's Engineering Consultants Last Revised:9.29.09 Date Stamp Here If G:►FormMSTNDRDAPP Checklist Is Complete KENDALL TOWNSHIP C/4 Kenneth Walker 9513 Walker Road Yorkville, lllinios 60560 Kenneth Walker- Supervisor Tnw.=: Brian Anderson David Matlock- Clerk Mike Hanson Marty Schwartz-Highway Commissioner Gene White Michael 1. Hardeeopf-Assessor Carolyn Pattinger February 15, 2011 TO.- Kendall County Zoning Board of Appeals RE: Kendall County Fair Association Zoning request A letter was sent to the Kendall Township Board asking for comment and imput concerning the Fair Association request for changing their zoning from A--1 to B-4. After much discussion at our February 15th meeting , the Township board has no objection to the said changein the zoning request of the Fair Association . Sincerly, � Kenneth Walker- Supervisor 17� .0 g y 9 t A4111 A14L PO BOX 149 Yorkville,I L 60560 K W COUNW]FAM 630-366-1233 veu(lors@kend:illcoutt tyfair.cotn ASSOCIATION, INC. wtereFain* www.kendallcountyWr.com And Friends Meet The following categories contain examples of types of events that the fair association has had on the grounds or has had requests for. 1) Livestock/Companion Animal Shows and/or Workshops and/or Sales -Dog Shows,Local&National -4H Dog Training Classes, 1 Weeknight for S Weeks -Rabbit Shows,Local&3 Surrounding States -Horse Shows/Clinics, Local&National -Hog Shows,Jackpot -Livestock Clinic,Sponsored by Newark Coop -Bull Sale,by Sunny Valley Farm 2)Private Parry Buildings&Grounds Rentals proceeds benefit Non-Profit Fair Association -Wedding Receptions,Anniversaries,Birthday Parties, Family Reunions,Baptisms -Car Shows -City/County Green Committee Recycle Collection -Knights of Columbus,2 Monthly Meetings -Extension Class for Commercial Sprayer License -Blue Grass Concert in Smith Hall- •Teens Concert -.Paint Ball Tournament,3 Surrounding States -Lighting Rod&Insulator Show »Boy Scout Klondike,Cub Scout Workout Weekend -Yorkville Area Chamber,Business Fair&Trade Show -Medieval Show/Demonstration Weekend -SWCP Ag Expo for Kids,Farm Bureau -Wheatland Plowing Match, Annual Meeting&Appreciation Dinner -Special Olympics,Polar Plunge -Dinner Theatre -Summer Olympics,Parking Location 3)Commercial Auction/Flea Markets I Craft Fairs 1 Consignment Sales -Commercial Auctions,DeBolt and others -Child Goods Consignment Sale,Spring&Fall -Flea Market,Summer Months(Monthly) -Craft Fairs -Hay Distributors,Evaluation&Consignment Sale -Ferndell Historical Society Assoc.,Consignment Sale 4)Kendall Co Fair Association Fundraisers—Held separately from the fair. -Truck&Tractor Pull,September -Demolition Derby -Annual Consignment Auction, February —440-AL1 l�r•,rwDrRr��Yarr��.l WnVc., (-,Uy6klj w�r,n� Ala Marsl�/A��� 5)Other Non-Profit Fundraisers -Motorcycle Rally,Benefits Children's Hospital -Private Party Charity for Hospitals -Friends of the 414, Extension Fundraiser -Pancake Breakfast,4H June Dairy Month Benefit -Horse Tack Consignment Sale,4H Club Fundraiser r ` AINALL . PO BOX 149 C� COMY]FAM -Yorkville, I 1 (iQ5fi0 lJ UI�Rl (i;3(1-3(i(i-12;i3 ` vendorsf kendallCC►un[yl'air.COm �+�► IV QCIATION, Where Family www.kell(L•dlcnuutylair.com ...��1..111 And Riends Meet 6)All Non-Profit No Charge Meeting Location -Appreciation Dinners -Board/Committee Meetings -Workshops -4H International Night,4H Kick-Off Weekend -School Rocket Launch -Girl Scout Cookie Distribution Kendall County Beef Producers,Summer Stag Steak Fry -Mothers for Youth Truck or Treat/Halloween Time,Sponsored by Cross Lutheran Church -4H Club Meetings,2 per Month 7)Circus/Carnivals/Traveling Shows VU��Po � 1 e 3fk'1S � v �.• Sa(OQrlll3�l'7'�'�'�3Y1!'Y4f10'7 � �.n P2 � z X s'� -.�`.i?•..�R W's�P4�i'�4 �.'�. .� l,_r°��4 i •�� _.Se• yw i4 wZ v y ry o The rV—_ :.♦ w Y4 r rat a-Nti 4r air rri +t.�L r i- 1 Data r f Provided By Kendall County GIS appropriateness of Its use.The United Gity of Yorkville makes no warranties,expressed or Implied,to the use of the Data. S 2011 Plan Commission Submittal Deadlines Plan Submit Deadline * Notice Deadline Commission City Council" November 26, 2010 December 11, 2010 January 12, 2011 January 25, 2011 December 24, 2010 January 8, 2011 February 9, 2011 February 22, 2011 January 21, 2011 February 8, 2011 March 9, 2011 March 22, 2011 February 25, 2011 March 12, 2011 Aril 13, 2011 Aril 26, 2011 March 25, 2011 Aril 10, 2011 May 11, 2011 May 24, 2011 April 29, 2011 May 7, 2011 June 8, 2011 June 28, 2011 May 27, 2011 June 12, 2011 July 13, 2011 July 26, 2011 June 24, 2011 July 9, 2011 August 10, 2011 August 23, 2011 July 29, 2011 August 13, 2011 September 14, 2011 September 27, 2011 August 26, 2011 September 10, 2011 October 11, 2011 October 25, 2011 September 30, 2011 October 8, 2011 November 9, 2011 November 22, 2011 October 28, 2011 November 13, 2011 December 14, 2011 December 27, 2011 * Submittal includes completed application form and all supporting documents. ** Dates are tentative and may be subject to changes.