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City Council Minutes 2006 11-28-06 i MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY. ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, NOVEMBER 28, 2006. Mayor Prochaska called the meeting to order at 7:10 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward H Burd Present (out of the room from 9:37 to 9:42 p.m.) Wolfer Present Ward III Bock Present Munns Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Lieutenant Hart, Director of Public Works Dhuse, Director of Park & Recreation Mogle, Community Development Director Miller, Finance Director Mika and Public Relations Manger Spies. .QUORUM A quorum was established. PUBLIC HEARINGS Dr. Anthony Milazzo (PC 2006 -76) Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Dr. Anthony Milazzo petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County, A- I Agricultural District to United City of Yorkville B -3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 2 acres located at 10701 Route 71, Yorkville, Kendall County, Illinois. So moved by Alderman Bock; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Bock -aye, Spears -aye, Burd -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Burd -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye 2006 Tax Levy Mayor Prochaska entertained a motion to go into public hearing for the purpose of the 2006 Tax Levy. So moved by Alderman Burd; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Bock -aye, Spears -aye, Burd -aye, James -aye, Wolfer -aye, Leslie -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Burd; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -aye The Minutes of the Regular Meeting of the Citv Council — November 28, 2006 — na e 2 PRESENTATIONS Proclamation and Presentation of Medal of Recognition Identa Austin Mayor Prochaska read the proclamation for the Studs Terkel Humanity Service Award (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a viva voce vote. Mayor Prochaska and Jacquie Weirich, a representative of the Illinois Humanities Council and former recipient of the Studs Terkel Award, presented Identa Austin with the Studs Terkel Humanity Service Award and a certificate of recognition for her humanitarian efforts on the behalf of children and the elderly in Yorkville. Certificate of Appreciation Heather Fiala & Tammy Smock Mayor Prochaska and Director of Park & Recreation Mogle presented Heather Fiala with a plaque in recognition of her service as a Park Board member. Mayor Prochaska thanked her for her work in the acquisition of the Hoover Boy Scout camp, theme parks and water park. He noted that fellow Park Board member Tammy Smock was unable to attend. Swearing -in of Officer Shirley Kubicz Mayor Prochaska, Police Commissioner Bob Johnson and Lieutenant Hart swore in Shirley Kubicz as a patrol officer for the United City of Yorkville. Mayor Prochaska welcomed her to the City. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn the City Council meeting, to be reinstated at the end of the Special Committee of the Whole. So moved by Alderman Burd; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye Meeting adjourned at 7:35 p.m. and the City Council returned to the Special Committee of the Whole meeting. RECONVENE Mayor Prochaska entertained a motion to reconvene the City Council meeting of Tuesday, November 28, 2006. So moved by Alderman Bock; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -6 Nays -0 Wolfer -aye, James -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye The City Council meeting was reconvened at 9:37 p.m. Alderman Burd was not present at the time of the vote. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska noted the following changes: o He would read the items that were placed on the Consent Agenda o Whispering Meadows Park Playground Equipment Purchase would be added to the Mayors Report o The five ordinances proposing the establishment of SSA's under the Mayor's Report have been removed from the agenda COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, December 19, 2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, December 19, 2006 City of Yorkville Conference Room The Minutes of the Regular Meeting of the Citv Council — November 28, 2006 — nage 3 Administration Committee Committee of the Whole 7:00 P.M., Tuesday, December 5, 2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, December 5, 2006 City of Yorkville Conference Room CITIZEN COMMENTS Todd Milliron, 61 Cotswold Drive, stated he was curious to leam more about the SSA discussion and would like to hear from the developers. He stated that the developers worked with the City in good faith and were the prior chain of properties that were linked to those annexed for the landfill. He stated that he would like to know how these businessmen feel. He wondered if they felt betrayed and used as he does. He asked if any were present and if so, he asked them to tell the citizens how they feel. He went on to reiterate what the Mayor told residents at the September 25, 2006 Plan Commission meeting regarding the annexations. He quoted from the Annexation Agreement regarding city assistance in applying for permits for the subject property, the owner contemplation of a landfill and the vacation of Sleepy Hollow Road. He accused Mayor Prochaska of lying to the public about a landfill and breeching public trust. He promised Mayor Prochaska that he would do everything in his power as a good citizen to derail the Mayor's "scheme ". Ron Parrish, 11571 Route 71, stated that things have moved faster than expected and questions have not been answered. He stated that what bothers him the most is the fairness of the situation. He questioned the rush toward a landfill. He explained that residents have formed a "corporation" to oppose the landfill and he has knocked on 1000 to 1500 doors and has found only three people who want it. He commented that if the City Council is interested in killing the town, they should approve the landfill. He asked that road conditions and dangers of a landfill be investigated. He asked the City Council to be fair. . Glen Poole, River's Edge Subdivision, stated that he has been attending the meetings for the landfill and he asked the City Council to do what is right and best for the city. CONSENT AGENDA Mayor Prochaska entertained a motion to approve the following list of items which were recommended for the Consent Agenda during the Committee of the Whole Special Meeting conducted earlier tonight, as presented to the Committee of the Whole and in the City Council packets and motion list. The following list references the agenda item number as stated in the City Council Agenda for this meeting and the tracking number: 1. Resolution 2006 -103 - Approving the Final Plat of Subdivision for Bristol Bay Unit 13 - (EDC 43, PC 2006 -70) 2. Resolution 2006 -104 - Approving the Final Plat of Subdivision for Grande Reserve Unit 22 (EDC 44, PC 2006 -73) 3. Resolution 2006 -105 - Approving the Final Plat of Subdivision for Caledonia Unit 2 (EDC 95, PC 2006 -79) 4. Resolution 2006 -106 - Approving the Preliminary/Final Plat of Subdivision for Menard's Commercial Commons Fifth Addition (EDC 96, PC 2006 -72) 5. Resolution 2006 -107 - Approving the Preliminary Plat of Subdivision for O'Keefe Subdivision (EDC #7, PC 2006 -37) 6. Resolution 2006 -108 - Approving the Final Plat of Subdivision for O'Keefe Subdivision Unit 1 (EDC #8, PC 2006 -86) 7. Resolution 2006 -109 — Approving Agreement with Grainco FS, Inc. for Funding of Supplemental Site Investigation (EDC # 11, EDC 2006 -31) 8. Resolution 2006 -110 — Approving Agreement with Farm Bureau for Funding of Supplemental Site Investigation (EDC #12, EDC 2006 -32) 9. Grande Reserve Units 2 & 5 - Letter of Credit Expiration (PW #7, PW 2006 -193) 10. Grande Reserve Units 12 & 13 - Letter of Credit Expiration (PW 48, PW 2006 -194) 11. Grande Reserve Units 12 - Letter of Credit Expiration (PW #9, PW 2006 -195) 12. Grande Reserve Units 13 - Letter of Credit Expiration (PW #10, PW 2006 -196) 13. Caledonia Phase 1— Sitework Letter of Credit Reduction 41 (PW #11, PW 2006 -197) 14. Caledonia Phase 2 — Sitework Letter of Credit Reduction #1 (PW #12, PW 2006 -198) 15. Countryside Parkway (E. Kendall to Center) - Change Order #1 (PW #13, PW 2006 -199) 16. Rob Roy Creek Interceptor (North Branch Contract 1) - Change Order 41 (PW # 14, PW 2006 -200) 17. Kylyn's Ridge Subdivision(Phases 1 & 2) — Final Acceptance and Line of Credit Reductions (PW #15, PW 2006 -201) The Minutes of the Reeular MeetinE of the Citv Council — November 28, 2006 — uage 4 18. Fountain Village of Yorkville — IDOT Letter of Understanding (PW 416, PW 2006 -202) 19. Gawne Lane Watermain Extension — Easement (PW #17, PW 2006 -203) 20. US Postal Service - Plat of Easement (PW 418, PW 2006 -204) 21. Engineering Enterprises Inc. (EEI) Engineering Services Agreement for Corneils Road Reconstruction (PW #21, PW 2006 -207) 22. Resolution 2006- 111 —IDOT Highway Permit and Resolution - Kendall Marketplace (Off - Site Storm Sewer) (PW 422, PW 2006 -208) 23. Ordinance 2006 -136 — Amending, Repealing and Restating Ordinance 2004 -54 United City of Yorkville Landscape Ordinance (Title 8, Building Regulations, Chapter 12 Landscape Ordinance) (PW #23, PW 2006 -164) 24. Ordinance 2006 -137 — Amending City Code Title 10 — Zoning, Chapter 11— Off Street parking and Loading Section 3; Off Street Parking Regulations and Requirements (PW 424, PW 2006 -19) 25. Water Department Report for August 2006 (PW #4, PW2006 -190) 26. Water Department Report for September 2006 (PW #5, PW2006 -191) 27. Water Department Report for October 2006 (PW #6, PW2006 -192) So moved by Alderman Leslie; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of November 14, 2006, Special City Council meeting of November 27, 2006 and the Committee of the Whole meeting of August 1, 2006; seconded by Alderman Wolfer. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated November 14, 2006 totaling the following amounts: checks in the amount of $997,227.84 (vendors); $212,257.23 (payroll period ending 11/11/06); for a total of $1,209,485.07 (total); seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -aye, Burd -aye REPORTS MAYOR'S REPORT Tax Levy (ADM 2006 -81) Mayor Prochaska reported that,this item was placed on the agenda in error. Whispering Meadows Park Playground Equipment Purchase Mayor Prochaska entertained a motion to approve the purchase of playground equipment for Whispering Meadows Park in the amount of $105,033.00, as presented. So moved by Alderman Leslie; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye i CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. �I i The Minutes of the Regular MeetinLy of the Citv Council — November 28, 2006 — page 5 CITY ADIVHNISTATOR'S REPORT Administrator Crois reported that there was an article quoting him in the newspaper in relation to electric rates. He stated that this topic is being reviewed by staff and will be presented to the Administration Committee at the December COW meeting. Alderman Burd asked why Yorkville has not joined a group, as other municipalities have, in order to negotiate rates. Administrator Crois explained that staff has met with various groups, there are several options under evaluation and the information gathered will be presented to the City Council. FINANCE DIRECTOR'S REPORT No report. i i DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT No report. COMMUNITY & LIAISON REPORT KenCom Meetings Alderman Spears reported that she attended the KenCom Executive Board meeting on November 16, 2006 where the emergency response system was discussed. The system will be able to have a complete callout to each telephone line (28,000) in the county with a recorded message for emergency situations such as missing children, emergency boil orders, etc. The fee for the one- year contract is $25,000.00 and training hours are free. KenCom can choose specific areas for a callout and cell phone numbers can be added to the system. The Board discussed the software cost for the program. There was also a discussion about selecting a new KenCom director; three candidates were interviewed by the Operations Board and an offer will be made to the individual that was recommended. The Board also reviewed the original Intergovernmental Agreement, from 1990, which created the Kendall County Emergency Phone Service and Communications Board. The original agreement is in need of major revisions and updates which when completed will be submitted for the City Council review and approval. Alderman Spears also reported that the Board held a special meeting on November 27, 2006 to approve the recommendation of the Operations Board for a new director. KenCom will be making the official announcement soon. School Board Meeting Alderman Burd reported that she attended the School Board meeting on November 27, 2006 where they voted to have their attorney draft a letter to be presented to the judge hearing the Yorkville Marketplace case. The letter will give the judge information as to how much the School District will lose in tax revenue if Kendall Marketplace is stopped. They also discussed problems with their auditor who is in breech of contract because the audit has not been preformed this year. The School District received an extension and has contracted with another firm. A presentation was also given by three school librarians on l earnin g and teaching components from Linking from Learning — the Illinois School Library Media Program Guidelines. They explained that for twelve years the School District has been getting a grant of $35 /student from the state. In order to continue receiving the grant, they need to make a report to the School Board as to how they are progressing with the learning components in the library. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT In -Town Road Program Phase 2 — Construction Engineering Services (PW 2006 -206) A motion was made by Alderman Besco to approve two contracts for Construction, Observation and Staking services with Smith Engineering for the 2007 In -Town Road Program. One a Utility Contract and the other a Roadway Contract as presented contingent on confirmation of rates; seconded by Alderman Wolfer. I I The Minutes of the Regular Meeting of the Citv Council — November 28, 2006 — Dage 6 Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye I ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006 -138 Towns at Windett Ridge - Authorizing Execution of Annexation and Planned Unit Development Agreement A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an Annexation Agreement and Planned Unit Development Agreement with Wiseman- Hughes Enterprises, Inc., as presented, and to authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Spears. I Alderman Leslie expressed his concern with the density of the development. There was brief discussion regarding the density of this development as well as similar ones in the City and the direction given to the developers by the City Council and staff. Motion approved by a roll call vote. Ayes -6 Nays -1 Burd -aye, Spears -aye, Bock -aye, Besco -ay, Leslie -nay, Wolfer -aye, James -aye Ordinance 2006 -139 Towns at Windett Ridge - Annexing A motion was made by Alderman Burd to approve an ordinance annexing territory commonly referred to as The Towns at Windett Ridge Subdivision in fintherance of an Annexation and Planned Unit Development Agreement with Wiseman- Hughes Enterprises, Inc., as presented, and to authorize the Mayor and City Clerk to execute all documents upon final legal; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -1 Spears -aye, Bock -aye, Besco -aye, Leslie -nay, Wolfer -aye, James -aye, Burd -aye Ordinance 2006 -140 Towns at Windett Ridge - Rezoning A motion was made by Alderman Burd to approve an ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with Wiseman- Hughes Enterprises, Inc. for and area commonly known as Windett Ridge Subdivision, as presented, and to authorize the Mayor and City Clerk to execute all documents upon final legal; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -1 Bock -aye, Besco -aye, Leslie -nay, Wolfer -aye, James -aye, Burd -aye, Spears -aye Resolution 2006 -112 Towns at Windett Ridge - Approving the Concept PUD Plan A motion was made by Alderman Burd to approve a resolution approving the Concept PUD Plan for The Towns at Windett Ridge, as presented, subject to staff review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -1 Besco -aye, Leslie -nay, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Resolution 2006 -113 Towns at Windett Ridge - Approving the Preliminary PUD Plan A motion was made by Alderman Burd to approve a resolution approving the Preliminary PUD Plan for The Towns at Windett Ridge, as presented, subject to staff review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -6 Nays -1 Leslie -nay, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye Scope of Service for School Site Study A motion was made by Alderman Burd to approve an updated School Site Study and funding for the study in the amount no to exceed $18,000.00, as presented; seconded by Alderman Spears. Mayor Prochaska noted that it was discussed at the COW meeting that the engineers were going to be asked to waive incidentals. Alderman Spears withdrew her second and Alderman Burd withdrew the motion. A motion was made by Alderman Burd to approve an updated School Site Study and funding for the study in the amount no to exceed $18,000.00; seconded by Alderman Leslie. i The Minutes of the Regular Meeting of the Citv Council — November 28, 2006 — pa 7 Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye I PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT j No report. I ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive session for the purpose of discussing: • For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity • Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent. He asked that the City Clerk Milschewski. City A dministrat or Crois, City Attorney Wyeth, Director of Park & Recreation Mogle and Attorney Mike Bersani be included in the session. He noted that no action would be taken after the session. So moved by Alderman Leslie; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, Leslie -aye, Besco -aye, Bock -aye, Spears -aye, Burd -aye, James -aye Executive Session was entered at 10:24 p.m. The City Council returned to regular session at 11:28 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman Bock. Motion approved by a viva voce vote. Meeting adjourned at 11:28 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois �_ I SPECIAL COMMITTEE OF THE WHOLE AND CITY COUNCIL MEETING November 28, 2006 PLEASE PRINT NAME: ADDRESS: �VA 'Q,f - ceyl(4 � / 0 I l v Li lv4Pcn!urucr Gcs �y �i-o � del eP /e✓ ��o�� �v- . viL ��_ l IYI a r9are (�:, v\ (a 5 � 4- oa 4- (,) cu yon Kt l e � SIGNIN ---' SPECIAL COMMITTEE OF THE WHOLE AND CITY COUNCIL MEETING November 28, 2006 PLEASE PRINT NAME: ADDRESS: if'o�j 1 71 c� k-. � n-� N� - �P �.� S3 S' P�,u,����Lr� �-� w a�,r.` G�3z,i �a �T C(3 %SOU a Q( 1� ►�� M AST �,� ��.. � ! 0�7 ca ,� 4 ,� �� �. An n Avp, • � I� (Q e o e ev��� or�C Fo / z Al L `5 i \) T %a -L— P al 9 YDrICc.I �q SIGNIN I' CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on November 28, 2006, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. i I i i DEP©• COURT reporting service 1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153 www.depocourt.com 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES, Alderman; i 4 MR. JASON LESLIE, Alderman; 5 MS. VALERIE BURD, Alderman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS, Alderman; 8 MR. JAMES BOCK, Alderman; 9 MR. JOSEPH BESCO, Alderman; 10 MS. ROSE ANN SPEARS, Alderman; 11 MR. JOHN CROIS, City Administrator; 12 MR. WILLIAM POWELL, City Treasurer; 13 MR. TRAVIS MILLER, Community Development 14 Director; 15 MS. JACQUELYN MILSCHEWSKI, City Clerk. 16 17 A P P E A R A N C E S: E 18 BY: MR. JOHN JUSTIN WYETH, appeared on behalf of the United 19 City of Yorkville, Illinois. 20 21 - - - - - 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: I'd entertain a 3 motion to go into public hearing for discussion 4 of PC 2006 -76, Dr. Anthony Milazzo, petitioner, 5 has filed an application with the United City of 6 Yorkville, Kendall County, Illinois, requesting 7 annexation to the United City of Yorkville and 8 rezoning from Kendall County A -1 Agricultural 9 District to United City of Yorkville B -3 Service 10 Business District and for hearing as to the 11 annexation agreement of the petitioner. 12 The real property consists of 13 approximately two acres located at 10701 14 Route 71, Yorkville, Kendall County, Illinois. 15 MR. BOCK: So moved. 16 MS. SPEARS: Second. 17 MAYOR PROCHASKA: Moved and 18 seconded. May I have roll call, please? 19 MS. MILSCHEWSKI: Bock. 1 20 MR. BOCK: Aye. 21 MS. MILSCHEWSKI: Spears. 22 MS. SPEARS: Aye. 23 MS. MILSCHEWSKI: Burd. 24 MS. BURD: Aye. Depo Court Reporting Service (630) 983 -0030 4 1 MS. MILSCHEWSKI: Munns. i 2 (No Response) 3 MS. MILSCHEWSKI: James. 4 MR. JAMES: Aye. 5 MS. MILSCHEWSKI: Wolfer. ) 6 MR. WOLFER: Aye. 7 MS. MILSCHEWSKI: Leslie. 8 MR. LESLIE: Aye. 9 MS. MILSCHEWSKI: Besco. 10 MR. BESCO: Aye. 11 MAYOR PROCHASKA: Motion is carried. 12 We are now in public hearing. 13 WHEREUPON: I 14 DANIEL J. KRAMER, 15 testified before the Yorkville City Council as 16 follows: 17 MR. KRAMER: Good evening, Mayor and 18 Council. My name for the record is Daniel J. 19 Kramer. My address is 1107A South Bridge Street, 20 Yorkville, Illinois. 21 I am an attorney licensed to 22 practice law in the State of Illinois, and 23 representing the petitioner, Anthony Milazzo. 24 And the actual name of the Depo Court Reporting Service (630) 983 -0030 J 5 1 property it's held is in Otis, O- T -I -S, Property 2 Management, LLC. 3 This property, again, we went 4 through public hearing a few weeks ago at Plan 5 Commission. It's the old D & H Agricultural 6 Center site out on Route 71 across from Harris 7 Forest Preserve just before you get to Legion 8 Road. 9 It's kind of bracketed on two 10 sides; on the south side there is some huge grain 11 silos and a drying operation that's still very 12 active. 13 The north side, the gentleman 14 that you had an annexation petition a few months 15 ago, Dan Laniosz, I know he's gone through all of 16 his hearings, Travis has told me that maybe it's 17 changed, the annexation hasn't been recorded yet, 18 but again, we would be contiguous with that 19 property and across the street. 20 Tony is proposing to develop 21 the property as B -3. He looks to try and do -- 22 believe it or not -- a sit -down type restaurant 23 he'd like to do there. 24 The concept plan that we have Depo Court Reporting Service (630) 983 -0030 6 1 shows all the parking that's required under the 1 2 City ordinance. 3 Travis had asked us to do some 4 cross easements behind the building so the other 5 property owners, the commercials on either side 6 of us, could connect, and that was really the 7 only oddity to it at all. 8 Hopefully it's a good tax 9 generator for the City. It's commercial and 10 brings a piece that's not been in the City into 11 the City. 12 So we'll be happy to answer any 13 questions about the agreement. The concept plan I 14 is pretty vanilla at this point. 15 MAYOR PROCHASKA: Does anybody from 16 the audience have any comments or testimony that 17 they'd like to give on this public hearing ? — 18 (No response) 19 MAYOR PROCHASKA: Hearing none, is 20 there any comments from the Council? 21 (No response) 22 MAYOR PROCHASKA: Hearing none, I'd 23 entertain a motion to close this public hearing. 24 MS. BURD: So moved. i Depo Court Reporting Service (630) 983 -0030 7 1 MS. SPEARS: Second. 2 MAYOR PROCHASKA: Moved and n 3 seconded. May I have roll call, please? 4 MS. MILSCHEWSKI: Spears. 5 MS. SPEARS: Aye. 6 MS. MILSCHEWSKI: Burd. 7 MS. BURD: Aye. 8 MS. MILSCHEWSKI: James. 1 9 MR. JAMES: Aye. 10 MS. MILSCHEWSKI: Wolfer. 11 MR. WOLFER: Aye. 12 MS. MILSCHEWSKI: Leslie. 13 MR. LESLIE: Aye. 14 MS. MILSCHEWSKI: Besco. 15 MR. BESCO: Aye. 16 MS. MILSCHEWSKI: Bock. 17 MR. BOCK: Aye. 18 MAYOR PROCHASKA: Motion is carried. 19 MR. KRAMER: Thank you very much 20 ladies and gentlemen. 21 MAYOR PROCHASKA: Next I would 22 entertain a motion to go into public hearing for 23 the purpose of discussing the 2006 levy. 24 MS. BURD: So moved. Depo Court Reporting Service (630) 983 -0030 i 8 1 MR. LESLIE: Second. j 2 MAYOR PROCHASKA: Moved and 3 seconded. May I have comment -- May I have roll i 4 call, please? 5 MS. MILSCHEWSKI: Besco. ) 6 MR. BESCO: Aye. 7 MS. MILSCHEWSKI: Bock. 8 MR. BOCK: Aye. 9 MS. MILSCHEWSKI: Spears. 10 MS. SPEARS: Aye. 11 MS. MILSCHEWSKI: Burd. 12 MS. BURD: Aye. 13 MS. MILSCHEWSKI: James. 14 MR. JAMES: Aye. 15 MS. MILSCHEWSKI: Wolfer. 16 MR. WOLFER: Aye. l 17 MS. MILSCHEWSKI: Leslie. 18 MR. LESLIE: Aye. 19 MAYOR PROCHASKA: Motion is carried. I 20 We are now in public hearing. Who here is 21 speaking on the levy? Would that be you, Bart? 22 WHEREUPON: 23 BART OLSON, 24 testified before the Yorkville City Council as l Depo Court Reporting Service (630) 983 -0030 9 1 follows: 2 MR. OLSON: I can. Bart Olson, 3 Assistant City Administrator. This is the same 4 presentation I gave you the other night. 5 We did carry the limiting rate 6 based on the state statute, and after we 7 calculated the limiting rate, we actually came up 8 with a tax rate which is in front of you in the 9 memo. It's the same one that was two weeks ago. 10 The limiting rate for this year 11 came out to be 0.5808, and that rate actually 12 based on an average reassessment decreases 13 somebody's property taxes for the City portion 14 about six dollars. 15 So normally on a year -to -year 16 basis we present you with two options, one that 17 is the limiting rate and one that is slightly 18 lower that keeps the average person's 19 reassessment rate for the City portion at zero, 20 and this year we didn't have to do that, so we 21 presented it at the last COW meeting, the 22 limiting rate, and didn't have many comments or 23 questions on it at that time, but... 24 MAYOR PROCHASKA: Can you restate Depo Court Reporting Service (630) 983 -0030 10 I i 1 that rate and also the dollar amount, please? 1 2 MR. OLSON: The limiting rate is 3 0.5808, and the other rate is actually -- 0.5808 4 on a total City -wide EAV of $418,644,298, and all 5 of that put together comes out to a City levy of l 6 $2,431,375.94. 7 MAYOR PROCHASKA: That's what we 8 would be proposing for a levy? 9 MR. OLSON: Correct. 10 MAYOR PROCHASKA: Now, does that 11 levy -- that levy includes the amount for the 12 operation of the library, but that does not 13 include the levy -- i 14 MR. OLSON: Correct. 15 MAYOR PROCHASKA: -- for the library 16 building, which was a separate ordinance. � ) I 17 MR. OLSON: Correct. 18 MAYOR PROCHASKA: And do we know 19 what that amount is for this year's levy, 321 -- 20 MS. MIKA: For next year about 21 $321,000. 22 MS. BURD: I have a question. 23 What's this year, it included construction? 24 MS. MIKA: Well, this year you are Depo Court Reporting Service (630) 983 -0030 i 11 1 including a little over a year's worth of 2 interest payments. Next year it's going to be 12 3 months. 4 MAYOR PROCHASKA: Because the loan 5 was taken out for construction longer than a 6 year. 7 Mr. CROIS: In looking at the i 8 structure of the payments in the first year, I 9 think that they are correct, it's probably more ¢ 10 than 12 months, it's the 400 figure that drops to 11 three, but from there on down for the rest of it, 12 it continues to increase. 13 My guess would be that they 14 were anticipating as the time -- as the community 15 grew that the EAV would grow and, therefore, they 16 kind of loaded some higher payments near the end 17 where you'd have a higher EAV, which would be 18 spread over more people and over more EAV to have 19 the person pay less, so I think that if you look 20 at it, the interest schedule is not the same 21 amount every year. 22 It starts at three and down in 23 the end years it's gone up to about 700,000, so I j 24 think it was back -end loaded to spread over a Depo Court Reporting Service (630) 983 -0030 ?2 I 1 larger EAV and keep the amount that the homeowner 2 is paying down. i 3 MAYOR PROCHASKA: At this time I'd j 4 like to open the floor to any resident who would 5 have any comments or questions on the proposed ` 6 levy. 7 (No response) 8 MAYOR PROCHASKA: Hearing none, is 9 there any further comment from anyone on the 10 Council? 11 MR. CROIS: I think I -- I think we 12 may need to make one more comment for the public. I � 13 John Crois, City Administrator. 14 The amount that was in the notice is the amount 15 that Bart mentioned to you, okay? 16 After we had published the i ) 17 notice and had calculated that, we found out that 18 of the number of CPI's that there are, and there 19 are a number of them, we could have used the CPI 20 for the national, for the whole country, rather 21 than the CPI for the Chicago region. Okay? 22 That would generate about 23 $7,000 more in the levy, so that when this comes 24 back to you for your final vote, we will have two Depo Court Reporting Service (630) 983 -0030 13 1 options for you, one would be based upon the CPI 2 for urban consumers for the Chicago region, the 3 other being the CPI for all urban consumers for 4 the whole nation. 5 There is about a difference of 6 about $7,000, and we will explain to you some 7 options related to if you were to choose to go 8 with the higher levy, that is possible, then 9 there are some other things we need to do, but 10 just for the record, when this is discussed, 11 there will be two numbers that we will be 12 discussing and Council will have a choice at that 13 point to choose which one you would like to go 14 with at the final time. 15 MAYOR PROCHASKA: The only question 16 I have then if we use this other number, we are 17 still below the -- 18 MR. CROIS: Yes. 19 MAYOR PROCHASKA: A decrease. 20 MR. OLSON: It ends up decreasing j 21 from about $6 to about $5 in average reassessment 22 for the City portion. 23 MAYOR PROCHASKA: And the average is 24 based on what percentage of the assessment? Depo Court Reporting Service (630) 983 -0030 i 14 1 MR. OLSON: An 11 percent j 2 reassessment. 3 MAYOR PROCHASKA: Is that the I 4 County -- Is that a number that the County gave 5 you back and forth? 6 MR. OLSON: Yes. 7 MAYOR PROCHASKA: Because I know in 8 my neighborhood -- and I don't know about all the 9 rest of you -- that my assessment and what I'm 10 hearing, average reassessments are closer to 11 about 15 percent, so just maybe want to have us 12 check that number. 13 Anyone else? Yes. 14 MS. BURD: Have we decided or have 15 we discovered how we're going to fund that 16 shortfall for the library district? i ) 17 MR. CROIS: I will defer to the 18 attorney. 19 MR. WYETH: Yes, Alderman Burd. As 20 I approached you two weeks ago and investigated 21 that, I think bond counsel just today in draft 22 resolution -- I should say ordinance, a 23 supplemental levy was reviewed by Mr. Anderson 24 and our funding clerk and it was ready to come Depo Court Reporting Service (630) 983 -0030 15 1 before you next week, it would return the amount 2 that was to be extended last year to the levy for 3 this year. f 4 MR. LESLIE: That will be a 5 supplemental levy? 6 MR. WYETH: That's correct, it will 7 be separate documents. 8 MR. LESLIE: Separate documents. 9 And in the citizen's tax bill, too, then? 10 MR. WYETH: No, that will come under 11 the same general City levy line item. I will 12 doublecheck that. 13 MR. LESLIE: But they will be 14 writing the check -- they will be paying that and 15 be caught up? 16 MR. WYETH: That's correct. 17 MAYOR PROCHASKA: The one thing that 18 does happen with the levy now is that amount is 19 the Muni B rate, which is 40 percent higher than j 20 last year. 21 MR. OLSON: A little bit less than 22 that, but yes, 35. 23 MAYOR PROCHASKA: 35, but it is 24 levied against the new EAV's, so that -- Depo Court Reporting Service (630) 983 -0030 16 1 MS. BURD: More money? 2 MAYOR PROCHASKA: No, less, because 3 the final amount of money can't change, that has 4 to be the same, but it's now being compared 5 against a higher EAV. 6 MS. BURD: Will be less, okay. 7 MAYOR PROCHASKA: Any other comments 8 or questions? Yes, sir. 9 WHEREUPON: 10 TODD MILLIRON, 11 testified before the Yorkville City Council as 12 follows: 13 MR. MILLIRON: On that supplemental 14 levy, do I understand that it's basically the 15 citizens of Yorkville would be paying the library 16 part of that twice in one year for last year and l 17 this year? 18 MR. WYETH: Your Honor, the amount 19 that would be paid via the submittal, that means 20 the amount that the citizens did not have to pay 21 last year. 22 MAYOR PROCHASKA: The answer would 23 be yes. 24 MR. MILLIRON: So you're going to Depo Court Reporting Service (630) 983 -0030 17 1 collect it all in one year for two years. 2 MAYOR PROCHASKA: I believe that's 3 the way we have to do it because we did ask that. 4 MR. PARISH: Probably going to be in 5 the City -- 6 MAYOR PROCHASKA: Can you state your 7 name? I 8 MR. PARISH: Ron Parish. 1 9 WHEREUPON: 10 RON PARISH, 11 testified before the Yorkville City Council as 12 follows: 13 MAYOR PROCHASKA: That's okay, yes. 14 MR. PARISH: Probably going to be 15 annexed in the City eventually, and I guess my 16 question is on the future value of the money that 17 you are talking about, and you are talking about 18 prolonging it out, how much is the cost -- what 19 is the cost of the borrowing that money and I i 20 moving-it into the future and moving the plans? j 21 MAYOR PROCHASKA: The interest rate, i 22 is that what you're asking? 23 MR. PARISH: The interest rate. 24 Talking about moving it into the future and Depo Court Reporting Service (630) 983 -0030 I 18 1 paying less now, what would be the total dollars 3 2 that we are actually costing the City by moving? 3 MR. CROIS: Okay. We're not taking 4 action of moving it, that's the way the 5 interest -- the interest and principal payment 6 schedule was structured. 7 MR. PARISH: Right. And in 8 structuring it that way, how much -did it cost? 9 MR. CROIS: That we'd have to go 10 back and look at. I was not here when the 11 structuring was done. 12 MR. PARISH: But that would be 13 substantial if we moved it to a small payment now 14 versus a large payment until the end. 15 MAYOR PROCHASKA: I believe it's a 16 graduated payment, and the reason that's done l ) 17 is -- and we've seen that in areas of growth, 18 because as new growth comes, the theory is then 19 that new residents help pay more of it so that 20 the residents living here don't pay all that 21 costing up front, and then it ends up going down. 22 As the EAV increases, the 23 amount of dollars -- if you set the amount of 24 dollars what happens is the new -- the existing Depo Court Reporting Service (630) 983 -0030 19 1 residents today pay a bigger amount now than what 2 they do years down the road when new people come 3 in and new people take advantage of the fact that 4 things are cheaper, while the people living here 5 today are paying more, so what they do, I believe 6 the theory is it's graduated so that as growth 7 happens, new people coming in pay the same as the 8 people living here. 9 MR. PARISH: I understand the 10 theory, I was just wondering if the theory 11 actually paid out. 12 MAYOR PROCHASKA: I guess I can't 13 answer that question. 14 MR. CROIS: We will look into it for 15 you. 16 MAYOR PROCHASKA: Okay. Anyone 17 else? 18 (No Response) 19 MAYOR PROCHASKA: Then I would 20 entertain a motion to close this public hearing. 21 MS. BURD: So moved. 22 MR. BOCK: Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service (630) 983 -0030 20 j 1 MS. MILSCHEWSKI: Burd. 2 MS. BURD: Aye. 3 MS. MILSCHEWSKI: James. 4 MR. JAMES: Aye. 5 MS. MILSCHEWSKI: Wolfer. 6 MR. WOLFER: Aye. 7 MS. MILSCHEWSKI: Leslie. 8 MR. LESLIE: Aye. 9 MS. MILSCHEWSKI: Besco. 10 MR. BESCO: Aye. 11 MS. MILSCHEWSKI: Bock. 12 MR. BOCK: Aye. 13 MS. MILSCHEWSKI: Spears. 14 MS. SPEARS: Aye. 15 MAYOR PROCHASKA: Motion is carried. 16 Okay. Thank you very much. t ) 17 (Which were all the 18 proceedings had in 19 the public hearings.) 20 --- 000 - -- 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 I 21 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois; I 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the ! 13 proceedings had at the said public hearing. I i 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this /5 r) of 16 ------ ���S�C�� -`� - -' 2 0 0 6 . 17 i 18 19 I 20 CH ISTINE M. VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 i November 28, 2006 22 $2,431,375.94 10:6, aforesaid 21:14 carried 4:11, 7:18, 10:6, 10:6, 10:6 ago 5:4, 5:15, 9:9, < B > 8:19, 20:15 $321,000 10:21, 14:20 B -3 3:9, 5:21 carry 9:5 10:21 agreement 3 :11, back 12:24, 14:5, caught 15:15 $418,644,29 10:4, 6:13 18:10 Center 5:6 i 10:4, 10:4 Agricultural 3:8, 5:5 back -end 11:24 Certified 21:7 $5 13:21 Alderman 2:3, 2:4, Bart 8:21, 8:23, 9:2, change 16:3 $6 13:21 2:5, 2:6, 2:7, 2:8, 2:9, 12:15 changed 5:17 $7,00 13:6, 13:6 2:10, 14:19 based 9:6, 9:12, cheaper 19:4 $7,000 12:23, 12:23 Allegiance 3:1 13:1, 13:24 check 14:12, 15:14 --- oOo - -- 20:20 amount 10:1, 10:11, basically 16:14 Chicago 12:21, 13:2 0.580 9:11, 10:3 10:19, 11:21, 12:1, basis 9:16 choice 13:12 0.5808 10:3 12:14, 12:14, 15:1, behalf 2:19 choose 13:7, 13:13 084 - 002883 21:24 15:18, 16:3, 16:18, behind 6:4 CHRISTINE 1:8, 10701 3:13 16:20, 18:23, 18:23, believe 5:22, 17:2, 21:6, 21:23 11 14:1 19:1 18:15, 19:5 citizen 15:9 1107A 4:19 Anderson 14:23 below 13:17 citizens 16:15, 16:20 12 11:2, 11:10 ANN 2:10 BESCO 2:9, 4:9, City 1:1, 1:2, 1:10, 15 14:11 annexation 3:7, 4:10, 7:14, 7:15, 8:5, 2:11, 2:12, 2:15, 2006 7:23 3:11, 5:14, 5:17 8:6, 20:9, 20:10 2:20, 3:5, 3:7, 3:9, 2006 -7 3:4 annexed 17:15 bigger 19:1 4:15, 6:2, 6:9, 6:10, 2006.21:18 answer 6:12, 16:22, bill 15:9 6:11, 8:24, 9:3, 9:13, 3 15:23 19:13 bit 15:21 9:19, 10:5, 12:13, 321 10:19 Anthony 3:4, 4:23 BOCK 2:8, 3:15, 13:22, 15:11, 16:11, 35. 15:22 anticipating 11:14 3:19, 3:20, 7:16, 17:5, 17:11, 17:15, 40 15:19 anybody 6:15 7:17, 8:7, 8:8, 19:22, 18:2 400 11:10 appeared 2:19 20:11, 20:12 City -wide 10:4 7 3:14 application 3:5 bond 14:21 Clerk 2:15, 14:24 700,00 11:23, 11:23 approached 14:20 borrowing 17:19 close 6:23, 19:20 71 5:6 approximately 3:13 bracketed 5:9 closer 14:10 7:00 1:9, 1:9 areas 18:17 Bridge 4:19 collect 17:1 800 1:9 ARTHUR 2:2 brings 6:10 comes 10:5,12:23, assessment 13:24, building 6:4, 10:16 18:18 14:9 BURD 2:5, 3:23, coming 19:7 <A> Assistant 9:3 3:24, 6:24, 7:6, 7:7, comment 8:3,12:9, A -1 3:8 attorney 4:21, 14:18 7:24, 8:11, 8:12, 12:12 above - entitled 1:7 audience 6:16 10:22, 14:14, 14:19, comments 6:16, acres 3:13 average 9:12, 9:18, 16:1, 16:6,19:21, 6:20, 9:22, 12:5, 16:7 across 5:6, 5:19 13:21, 13:23, 14:10 20:1, 20:2 commercial 6:9 action 18:4 Aye 3:20, 3:22, 3:24, Business 3:10, 21:8 commercials 6:5 active 5:12 4:4, 4:6, 4:8, 4:10, Commission 5:5 actual 4:24 7:5, 7:7, 7:9, 7:11, Community 2:13, actually 9:7, 9:11, 7:13, 7:15, 7:17, 8:6, < C > 11:14 10:3, 18:2, 19:11 8:8, 8:10, 8:12, 8:14, C.S.R. 1:8, 21:23 compared 16:4 address 4:19 8:16, 8:18, 20:2, calculated 9:7, concept 5:24, 6:13 Administrator 2:11, 20:4, 20:6, 20:8, 12:17 connect 6:6 9:3, 12:13 20:10, 20:12, 20:14 call 3 :18, 7:3, 8:4, consists 3:12 advantage 19:3 19:24 construction 10:23, Depo Court Reporting Service (630) 983 -0030 November 28, 2006 23 11:5 13:12 floor 12:4 held 5:1 consumers 13:2, discussion 3:3 follows 4:16, 9:1, help 18:19 13:3 District 3:9, 3:10, 16:12, 17:12 hereunto 21:16 contains 21:14 14:16 foregoing 21:11, higher 11:16, 11:17, contiguous 5:18 documents 15:7, 21:12 13:8, 15:19, 16:5 continues 11:12 15:8 Forest 5:7 homeowner 12:1 Correct 10:9, 10:14, doing 21:8 forth 14:5 Honor 16:18 10:17, 11:9, 15:6, dollar 10:1 found 12:17 Hopefully 6:8 15:16, 21:13 dollars 9:14, 18:1, front 9:8, 18:21 hour 1:9 cost 17:18, 17:19, 18:23, 18:24 fund 14:15 huge 5:10 18:8 done 18:11, 18:16 funding 14:24 costing 18:2, 18:21 doublecheck 15:12 future 17:16, 17:20, f Council 1:1, 4:15, down 11:11, 11:22, 17:24 < I > 4:18, 6:20, 8:24, 12:2, 18:21, 19 :2 Illinois 1:2, 1:10, 12:10, 13:12, 16:11, draft 14:21 2:20, 3:6, 3:14, 4:20, 17:11 drops 11:10 < G > 4:22, 21:1, 21:9 counsel 14:21 drying 5:11 Game 1:9 include 10:13 country 12:20 duly 21:6 gave 9:4, 14:4 included 10:23 COUNTY 3:6, 3:8, general 15:11 includes 10:11 3:14, 14:4, 14:4, 21:3 generate 12:22 including 11:1 COW 9:21 < E > generator 6:9 increase 11:12 CPI 12:18, 12:19, easements 6:4 gentleman 5:13 increases 18:22 12:21, 13:1, 13:3 EAV 10:4, 11:15, gentlemen 7:20 interest 11:2, 11:20, CROIS 2:11, 11:7, 11:17, 11:18, 12:1, give 6:17 17:21, 17:23, 18:5, 12:11, 12:13, 13:18, 15:24, 16:5, 18:22 graduated 18:16, 18:5 14:17, 18:3, 18:9, either 6:5 19:6 investigated 14:20 19:14 end 11:16, 11:23, grain 5:10 item 15:11 cross 6:4 18:14 grew 11:15 CSR 21:24 ends 13:20, 18:21 grow 11:15 entertain 3:2, 6:23, growth 18:17, 18:18, < J > 7:22, 19:20 19:6 J. 4:14, 4:18 < D > evening 4:17 guess 11:13, 17:15, JACQUELYN 2:15 Dan 5:15 eventually 17:15 19:12 JAMES 2:3, 2:8, 4:3, Daniel 4:14, 4:18 existing 18:24 4:4, 7:8, 7:9, 8:13, day 21:17 explain 13:6 8:14, 20:3, 20:4 DEAN 2:6 extended 15:2 < H > JASON 2:4 decided 14:14 hand 21:17 John 2:11, 2:18, decrease 13:19 happen 15:18 12:13 decreases 9:12 < F > happens 18:24, 19:7 JOSEPH 2:9 decreasing 13:20 F. 2:2 happy 6:12 JUSTIN 2:18 defer 14:17 fact 19:3 Harris 5:6 develop 5:20 Farm 1:9 Hearing 3:3, 3:10, Development 2:13 few 5:4, 5:14 4:12, 5:4,6:17, 6:19, < K > difference 13:5 figure 11:10 6:22, 6:23, 7:22, keep 12:1 Director 2:14 filed 3:5 8:20, 12:8, 14:10, keeps 9:18 discovered 14:15 final 12:24, 13:14, 19:20, 21:11, 21:15 Kendall 3:6, 3:8, discussed 13:10 16:3 hearings 5:16 3:14 discussing 7:23, first 11:8, 21:6 hearings. 20:19 kind 5:9, 11:16 Depo Court Reporting Service (630) 983 -0030 November 28, 2006 24 KRAMER 4:14, 4:17, near 11:16 < P > 4:19, 7:19 < M > need 12:12,13:9 P.M. 1:9 j M. 1:8, 21:6, 21:23 neighborhood 14:8 paid 16:19,19:11 Management 5:2 new 15:24,18:18, PARISH 17:4,17:8, < L > MARTY 2:7 18:19, 18:24, 19:2, 17:8, 17:10, 17:14, ladies 7:20 matter 1:7 19:3,19:7 17:23, 18:7, 18:12, Laniosz 5:15 means 16:19 Next 7:21, 10:20, 19:9 j large 18:14 MEETING 1:1, 1:6, 11:2,15:1 parking 6:1 larger 12:1 9:21 night 9:4 part 16:16 LASALLE 21:3 memo 9:9 No. 21:24 PAUL 2:3 last 9 :21, 15:2, mentioned 12:15 none 6:19, 6:22, pay 11:19,16:20, 15:20, 16:16, 16:21 MIKA 10:20,10:24 12:8 18:19, 18:20, 19:1, law 4:22 Milazzo 3:4, 4:23 normally 9:15 19:7 Legion 5:7 MILLER 2:13 north 5:13 paying 12:2, 15:14, LESLIE 2:4, 4:7, 4:8, MILLIRON 16:10, notes 21:13 16:15,18:1, 19:5 7:12, 7:13, 8:1, 8:17, 16:13,16:24 notice 12:14,12 payment 18:5, 8:18, 15:4, 15:8, MILSCHEWSKI number 12:18, 18:13, 18:14, 18:16 15:13, 20:7,20:8 2:15, 3:19, 3:21, 12:19, 13:16, 14:4, payments 11:2,11:8, less 11:19,15:21, 3:23, 4:1, 4:3, 4:5, 14:12 11:16 16:2, 16:6, 18:1 4:7, 4:9, 7:4, 7:6, 7:8, numbers 13:11 PC 3:4 levied 15:24 7:10, 7:12, 7:14, people 11:18,19:2, levy 7:23, 8:21, 10:5, 7:16, 8:5, 8:7, 8:9, 19:3, 19:4, 19:7, 19:8 10:8, 10:11, 10:11, 8:11, 8:13, 8:15, < O > percent 14:1, 14:11, 10:13,10:19, 12:6, 8:17, 20:1, 20:3, O -T -I -S 5:1 15:19 12:23, 13:8, 14:23, 20:5, 20:7, 20:9, oath 21:7 percentage 13:24 15:2, 15:5,15:11, 20:11, 20:13 oddity 6:7 person 9:18,11:19 15:18, 16:14 money 16:1, 16:3, Okay 12:15,12:21, petition 5:14 library 10:12,10:15, 17:16,17:19 16:6, 17:13, 18:3, petitioner 3:4, 3:11, 14:16,16:15 months 5:14, 11:3, 19:16, 20:16 4:23 License 21:24 11:10 old 5:5 piece 6:10 licensed 4:21 Motion 3:3, 4:11, OLSON 8:23, 9:2, Plan 5:4, 5:24, 6:13 limiting 9:5, 9:7, 6:23, 7:18, 7:22, 9:2, 10:2, 10:9, plans 17:20 9:10, 9:17, 9:22,10:2 8:19, 19:20, 20:15 10:14, 10:17, 13:20, please 3:18, 7:3, 8:4, line 15:11 Moved 3:15, 3:17, 14:1, 14:6, 15:21 10:1, 19:24 little 11:1, 15:21 6:24, 7:2, 7:24, 8:2, one 9:9, 9:16, 9:17, Pledge 3:1 living 18:20, 19:4, 18:13, 19:21, 19:23 12:12, 13:1, 13:13, point 6:14, 13:13 19:8 moving 17:20, 15:17, 16:16, 17:1 portion 9:13, 9:19, LLC 5:2 17:20, 17:24, 18:2, open 12:4 13:22 loaded 11:16,11:24 18:4 operation 5:11, possible 13:8 loan 11:4 Muni 15:19 10:12 POWELL 2:12 located 3:13 Munns 2:7, 4:1 options 9:16, 13:1, practice 4:22 longer 11:5 13:7 present 9:16 look 11:19, 18:10, ordinance 6:2, presentation 9:4 19:14 < N > 10:16,14:22 presented 9:21 looking 11:7 name 4:18, 4:24, Otis 5:1 Preserve 5:7 looks 5:21 17:7 owners 6:5 pretty 6:14 lower 9:18 nation 13:4 principal 18:5 national 12:20 Probably 11:9, 17:4, Depo Court Reporting Service (630) 983 -0030 November 28, 2006 25 17:14 really 6:6 shortfall 14:16 today 14:21, 19:1, PROCEEDINGS 1:6, reason 18:16 Shorthand 21:8, 19:5 20:18, 21:11, 21:15 reassessment 9:12, 21:10, 21:13 TODD 16:10 PROCHASKA 2:2, 9:19, 13:21, 14:2 shows 6:1 together 10:5 3:2, 3:17, 4:11, 6:15, reassessments side 5:10, 5:13, 6:5 Tony 5:20 6:19, 6:22, 7:2, 7:18, 14:10 sides 5:10 total 10:4,18:1 7:21, 8:2, 8:19, 9:24, record 4:18, 13:10 silos 5:11 transcript 21:13 10:7, 10:10, 10:15, recorded 5:17 sir 16:8 Travis 2:13, 5:16, 10:18, 11:4, 12:3, region 12:21, 13:2 sit -down 5:22 6:3 12:8, 13:15, 13:19, related 13:7 site 5:6 Treasurer 2:12 13:23, 14:3, 14:7, REPORT 1:6 six 9:14 true 21:12 15:17, 15:23, 16:2, reported 21:10 slightly 9:17 try 5:21 16:7, 16:22, 17:2, Reporter 21:8 small 18:13 twice 16:16 17:6, 17:13, 17:21, representing 4:23 somebody 9:13 two 3:13, 5:9, 9:9, 18:15, 19:12, 19:16, requesting 3:6 South 4:19, 5:10 9:16, 12:24, 13:11, 19:19, 19:23, 20:15 required 6:1 speaking 8:21 14:20, 17:1 prolonging 17:18 resident 12:4 SPEARS 2:10, 3:16, type 5:22 Property 3:12, 5:1, residents 18:19, 3:21, 3:22, 7:1, 7:4, 5:1, 5:3, 5:19, 5:21, 18:20, 19:1 7:5, 8:9, 8:10, 20:13, 6:5, 9:13 resolution 14:22 20:14 < U > proposed 12:5 Response 4:2, 6:18, spread 11:18, 11:24 understand 16:14, proposing 5:20, 6:21, 12:7, 19:18 ss 21:2 19:9 10:8 rest 11:11, 14:9 starts 11:22 United 1:2, 2:19, 3:5, public 3:3, 4:12, 5:4, restate 9:24 State 4:22, 9:6, 17:6, 3:7, 3:9 6:17, 6:23, 7:22, restaurant 5:22 21:1, 21:8 until 18:14 8:20, 12:12, 19:20, return 15:1 statute 9:6 urban 13:2, 13:3 20:19, 21:11, 21:15 reviewed 14:23 Street 4:19, 5:19 published 12:16 rezoning 3:8 structure 11:8 purpose 7:23 Road 1:10, 5:8, 19:2 structured 18:6 < V > put 10:5 roll 3:18, 7:3, 8:3, structuring 18:8, VALERIE 2:5 19:24 18:11 value 17:16 RON 17:8,17:10 submittal 16:19 vanilla 6:14 < Q > ROSE 2:10 substantial 18:13 versus 18:14 question 10:22, Route 3:14, 5:6 supplemental 14:23, via 16:19 13:15, 17:16, 19:13 15:5, 16:13 VITOSH 1:8, 21:6, questions 6:13, sworn 21:7 21:23 9:23, 12:5, 16:8 < S > vote 12:24 says 21:7 j schedule 11:20, 18:6 < T > j < R > Second 3:16, 7:1, tax 6:8, 9:8, 15:9 < W > rate 9:5, 9:7, 9:8, 8:1, 19:22 taxes 9:13 week 15:1 9:10, 9:11, 9:17, seconded 3:18, 7:3, testified 4:15, 8:24, weeks 5:4, 9:9, 9:19, 9:22, 10:1, 8:3, 19:24 16:11, 17:11 14:20 10:2, 10:3, 15:19, seen 18:17 testimony 6:16 WHEREOF 21:16 17:21, 17:23 Separate 10:16, theory 18:18, 19:6, WHEREUPON 4:13, rather 12:20 15:7, 15:8 19:10, 19:10 8:22, 16:9, 17:9 ready 14:24 Service 3:9 thre 11:11 whole 12:20,13:4 real 3:12 set 18:23, 21:16 three 11:22 Will 12:24, 13:6, Depo Court Reporting Service (630) 983 -0030 November 28, 2006 26 13:11, 13:11, 13:12, 14:17, 15:4, 15:6, 15:10, 15:11, 15:13, ) 15:14, 16:6, 19:14 WILLIAM 2:12 WITNESS 21:16 WOLFER 2:6,4:5, 4:6, 7:10,7:11, 8:15, 8:16, 20:5, 20:6 wondering 19:10 worth 11:1 writing 15:14 WYETH 2:18,14:19, 15:6, 15:10, 15:16, 16:18 <Y> year 9:10, 9:20, 10:19, 10:20, 10:23, 10:24,11:1, 11:2, 11:6, 11:8, 11:21, 15:2, 15:3, 15:20, 16:16, 16:16,16:17, 16:21, 17:1 year -to -year 9:15 years 11:23, 17:1, 19:2 Yorkville 1:2, 1:10, 2:20, 3:6, 3:7, 3:9, 3:14, 4:15, 4:20, 8:24,16:11, 16:15, 17:11 1 <z> zer 9:19 < Dates > november 28, 2006 1:8, 1:8, 1:9 I Depo Court Reporting Service (630) 983 -0030 �' �k��.�`^,:.:iTem � r- a � r a< s � � ev � > •- r . o: � ..wr�w< s s d ®� � � � �� � s 4�.•e::`.�_y L, Giir oQ ®E.. ®�e.6:e t - v:�`� a ° .�°s ®v ° a.c:e ° r� � ®�r,e� f � (l 1 T, 4 4 cralalarp ff i q ,l 1.1 br(r 4. 4 g ralxl r` �' i gralf le,r q�alnv�'.' grelxrarAi O i qnrcler. �` palalsr4 �. E q, ■Ia1Fr f O i q�ntsl u� �' �' g a c v. �c� m \ � I / �c`e \ � I / i s� \ d I / r e� \ 1 I / q ry 1 � I / ei l � I / q a'i \ ` ! g e�A a \ � I / e•a \ � I / we \ � I < e'A \ 0 I / a e'i \ P I r a v 4e'� �Fc =: e 4 A IDENTA AUSTIN 2006 STUDS TERKEL HUMANITIES SERVICE AWARD RECIPIENT WHEREAS, individuals who donate their time to the humanities are building��,, communities for the next century, and WHEREAS, the Illinois Humanities Council is dedicated to fostering a culture in which the humanities are a vital part of the lives of individuals and i r "rre�l 6 G / �F G E ° ( r communities; and ' r Studs Terkel has reco gnized the . mBY <► ,. , WHEREAS, g extraordina (ye ®.raa • accomp lishments of ordinar p eople in his chronicles of American life; and_ «e�a ; a p � ry p p WHEREAS, the Illinois Humanities Council has initiated the Studs Terkel Humanities Service Award to honor those humanities heroes whose efforts are i ga ° ;`ffi, @ -8 q ( often unnoticed and unsung: and t 11,i ►Rra� I • � �g q�'Ge 41 � i I �BBea® -;., WHEREAS, Identa Austin has kept the humanities alive in Yorkville through � 1 1 4 �':� her work as an English teacher for 30 years guiding youth in the proper and ;,rte at f d _ � (, 6`er�e iYG•� ®P• dY ® °. creative use of the language; AND Qbg i WHEREAS, Identa Austin has made a commitment, throughout the years, to imp rove the lives of seniors and the less fortunate. Since her retirement, she ! F... 1 i CBI ►i ►6.�; ': has continued to devote countless hours to the needs of children, � teachers, the ► „emr� sick and the elderly in our community. As a contributor and supporter of the R�►;� ° ®: , humanities, she donated a ortion of her family farmland to the Illinois Retired a ; X661 ° ate; ` p y Teachers Association. Profits generated by the land fund have benefited the ► <► __.A4 Moler- Austin Scholarship Program for Kendall County high school graduates �P`'`` ursuin a de ree in secondary education with a major in English or a foreign �IN'p'a p ursuing g ry 1 9 9 e 4` ► I� language. She is also involved in numerous other organizations and has been a as�to6 -.I `pa : . N I longtime active member of the American Cancer Socie a District Director and ; �`r.� „•�s +� � 1 F ° e s °B dl {► _ 1 r. QF P p�6'6e.°o ; Training Specialist for the American Association of Retired Persons and a member !��B ° ` I of both Senior Services Associates and Fox Valley Older Adult Services.'�dt +� i k@ I lbs� r k ►���•a i Mayor, do hereby NOW, THEREFORE, I, Arthur F. Prochaska, Jr., �B recognize Identa Austin as a recipient of the Studs Terkel Humanities Service i ;tea ®h s { ��! Award and as a champion of the humanities in the United City of Yorkville. ! ' i � � .spa Signed this 28th day of November, 2006. ,� Arthur F haska Jr. ` or: F. Proc _ <::: a�, Il �w:: i�; l � \ �s:.::: r�, lo\ `l.: i�, l � \ el::: a�; 11\ �s�:: i`, l � \ ��>:: a�, 1 C:::: a�; l`\, �:: i�, a� \`�:::.:�� ;11 \��•.- .- .,arF,,. . JIB r.. 11� ...11� ... JIL ... f It ... JIL ... l ... lll� ... 111 ... 1It • • -•• o .6 .uulr i O.unull i O •rn eu i .lrnnalr i O lnnlr'r ♦ ♦ •uulur i O.unnlq i ! •rsulpr o 0 •rnalalq i +.uluuq i ! � re r.e. /�f�I ®• •-•aa � �ar�a �_�s.r � �� � Orria � Oa•w•�a � a��•s► � ��.asa `Oa•�•sa � •��a.a � •.ur,e � � f 1 ' \ I 1