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City Council Minutes 2006 06-13-06 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. JUNE 13, 2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present 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 Chief Martin, Director of Public Works Dhuse, Director of Park & Recreation Mogel, Community Development Director Miller, Finance Director Mika and Public Relations Manager Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA 1 Mayor Prochaska asked that the swearing in of the police officers be moved up from the Mayor's Report to the Presentation section of the agenda. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, July 3, 2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, June 29, 2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 p.m., Thursday, July 6, 2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 p.m., Thursday, July 13, 2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M., Tuesday, July 11, 2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Girl Scout Silver Award Mayor Prochaska reported that over the last several years, several area Boys Scouts have come before the City Council who have attained the rank of Eagle Scout. Mayor Prochaska introduced Kelsey Sedgewick, Elisabeth Scheffrahn and Tiffany Nawa to the City Council and reported that these three young women have gone through the levels of the Girl Scouts and attained one of the highest ranks, the Girls Scout Silver Award. He presented each of the girls with a Certificate of Recognition for their accomplishment. Minutes of the Regular Meeting of the Citv Council — June 13, 2006 — page 2 Swearing -in Full -time Police Officers Mayor Prochaska, Chief Martin and Police Commissioner Johnson swore in Timothy J. Kolowski and Ryan S. Goldsmith as Full-time Police Officers. Mayor Prochaska welcomed them to the United City of Yorkville. PUBLIC HEARINGS Meadowbrook Public Hearing Mayor Prochaska reported that there would not be a public hearing for Meadowbrook as was incorrectly noticed in the newspaper, this hearing was already held on May 30, 2006. Kleinwatcher Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Herb and Pam Kleinwatcher and Old Second Bank Trust 8051, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A -I Agricultural to United City of Yorkville B -3 Service Business District and R -2 One- Family Residence District and for hearing as to the Annexation Agreement of the petitioner. The real property consists of approximately 9.81 acres located on Route 47 south of legion Road and north of Ament Road, Kendall Township, Kendall County, Illinois. So moved by Alderman Besco; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Please see attached Report of Proceedings taken before 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 Besco. 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 1_ MPI #6 South Yorkville, LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing MPI 46 South Yorkville, LLC, petitioner, request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville Planned Unit Development containing R -2 One - Family Residence District, R -2 Duplex Two - Family Residence District, R -3 General Residence District, R-4 General Residence District and B -2 General Business District. The real property consists of approximately 916.44 acres east of Immanuel Road, north and south of Ament Road, west of Route 47 and north and south of Walker Road, Kendall Township, Kendall County, Illinois. So moved by Alderman Besco; 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 Please see attached Report of Proceedings taken before 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 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye CITIZEN COMMENTS �) None. CONSENT AGENDA 1. Police Reports for April 2006 (PS 2006 -20) 2. Purchase of New Squads — approve as presented (PS 2006 -24) 3. Building Permit Report for April 2006 (EDC 2006 -13) 4. Resolution 2006 -42 — Approving the Final Plat of Subdivision for Autumn Creek Unit 2 - authorize the Mayor and City Clerk to execute (PC 2006 -13) 5. Resolution 2006 -43 — Approving the Revised Preliminary Plan for Bailey Meadows - authorize the Mayor and City Clerk to execute (PC 2005 -60) The Minutes of the Regular Meeting of the Citv Council — June 13. 2006 — na egc 3 6. Resolution 2006 -44 — Approving the Preliminary Plan for the Chally Farm - authorize the Mayor and City Clerk to execute (PC 2005 -33) 7. Resolution 2006 -45 — Approving the Final Plat of Subdivision for Grande Reserve Unit 18 - authorize the Mayor and City Clerk to execute (PC 2006 -17) 8. Resolution 2006 -46 — Approving the Final Plat of Subdivision for Grande Reserve Unit 19 - authorize the Mayor and City Clerk to execute (PC 2006 -18) 9. Resolution 2006 -47 — Approving the Final Plat of Subdivision for Grande Reserve Unit 20 - authorize the Mayor and City Clerk to execute (PC 2006 -19) 10. Passenger Van Purchase through State Purchase Program — approve as presented (PKBD 2006 -04) 11. Prairie Meadows Park — Oslad Grant — approve as presented and authorize the Mayor and City Clerk to execute OSLAD ?LWCFproject application as presented (PKBD 2006- 05) 12. Nicor Gas Contract for Grande Reserve — Kennedy Road Improvements — approve payment to Nicor in an amount not to exceed $226,165.38 and authorize Mayor to execute (PW2006 -114) 13. Ordinance 2006 -45 — Amending City Code Title 6 — Traffic, Chapter 2 — Parking Regulations Regarding Parking of Non - motorized Vehicles - authorize the Mayor and City Clerk to execute (PS 2006 -21) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Spears; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye * * * Alderman Leslie left the Council Chamber and was absent for the roll call vote. PLANNING COMMISSIONMONING 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 April 25, 2006 and the Committee of the Whole meeting of April 18, 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 June 2, 2006 totaling the following amounts: checks in the amount of $927,442.50 (vendors — FY 05/06); $775,685.96 (vendors — FY 06/07); 181,343.70 (payroll period ending 5/27/06); for a total of $1,884,472.16; seconded by Alderman Besco. 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 REPORTS MAYOR'S REPORT Appointment of Budget Officer Mayor Prochaska entertained a motion to accept the appointment of Susan Mika. as Budget Officer to the United City of Yorkville. So moved by Alderman Wolfer; seconded by Alderman Bock. Mayor Prochaska and Alderman Burd welcomed Ms. Mika to the United City of Yorkville and Alderman Burd stated that she felt she would be a wonderful asset to the City. 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 The Minutes of the Regular Meeting of the Citv Council — June 13. 2006 — Dage 4 Ordinance 2006 -46 Approving Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan Downtown Yorkville Tax Increment Financing Redevelopment Project Area Mayor Prochaska noted that there was a series of ordinances pertaining to this project. He pointed out that the City Council received a copy of page 16 from the original redevelopment plan which has verbiage stating that "land assemblage by the City may not be by eminent domain, except for cases of life safety conditions or issues ". He stated that the information that the City Council received was copied from an older version of the plan which did not have this language. Mayor Prochaska entertained a motion to approve an ordinance approving the Downtown Yorkville Tax Increment Financing Redevelopment Project Area, as presented, subject to legal review. So moved by Alderman Besco; seconded by Alderman Bock. Mayor Prochaska commented that this is a good first step towards redeveloping the downtown and for bringing life and prosperity back into the area that is the heart and soul of the City. Motion approved by a roll call vote. Ayes -6 Nays -0 Abstains -1 Leslie -aye, Wolfer -aye, James -aye, Burd- abstain, Spears -aye, Bock -aye, Besco -aye Ordinance 2006 -47 Designating Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan Downtown Yorkville Tax Increment Financing Redevelopment Project Area Pursuant to the Tax increment Allocation Redevelopment Act Mayor Prochaska entertained a motion to approve an ordinance designating the Downtown Yorkville Tax Increment Financing Redevelopment Project Area, pursuant to the Tax Increment Allocation Redevelopment Act, as presented, subject to legal review. So moved by Alderman Besco; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -6 Nays -0 Abstains -1 Wolfer -aye, James -aye, Burd - abstain, Spears -aye, Bock -aye, Besco -aye, Leslie -aye - Ordinance 200648 Adopting Tax Increment Financing for the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan Mayor Prochaska entertained a motion to approve an ordinance adopting Tax Increment Financing for the Downtown Yorkville Tax Increment Financing Redevelopment Project Plan and Area, as presented, subject to legal review. So moved by Alderman Besco; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -6 Nays -0 Abstains -1 James -aye, Burd - abstain, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Crois reported that as Attorney John Phillipchuck alluded to in the public hearing, there are ongoing meetings regarding a regional solution for infrastructure for south of the United City of Yorkville. He assured the City Council that the SSA being discussed is a `pay down" version not a traditional SSA. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. The Minutes of the Regular Meeting of the Citv Council — June 13. 2006 — Da t55 CHIEF OF POLICE'S REPORT Camp 911 Chief Martin reported that the first "Camp 911" was held earlier in the day and thirteen fourth and fifth graders attended. Representatives from the Police Department, Bristol - Kendall Fire Department and EMS teams were present to instruct the children on safety issues. Chief Martin stated that it was a success and he anticipated greater attendance next year. He thanked Alderman Wolfer for bringing the idea to the City. Alderman Wolfer thanked the Parks and Police Departments for their efforts in getting this camp underway. He stated that representatives from Yorkville came out to Morris to see how a camp is run and then adapted it to Yorkville. City Clerk Milschewski commented that her son, Thomas, attended and enjoyed the camp very much. Special Olympics Torch Run Chief Martin reported that there would be a Special Olympics Torch Run tomorrow morning, June 14, 2006. DIRECTOR OF PARKS & RECREATION'S REPORT Sweetness Run Director Mogle reported that the first annual Sweetness Run in Yorkville would be held this Saturday, June 17, 2006. The event, benefiting the Walter Payton Foundation, will begin at the Yorkville High School parking lot at 8:00 a.m. Registration begins at 5:30 a.m. There will be both an 8K and 5K event. Director Mogle indicated that the volunteer meeting for the run was well attended. Mayor Prochaska thanked Director Mogle and the Parks & Recreation staff for working with the volunteers and all the entities involved in bringing this event in Yorkville. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. PUBLIC RELATIONS MANAGER'S REPORT Newsletter Mrs. Spies encouraged members of the City Council to submit articles to the City's newsletter. Pizza Donation to Sweetness Run She also reported that Taylor Street Pizza would be donating funds from pizza sales Thursday, June 15, 2006 from 6:00 p.m. to 8:00 p.m. to the Sweetness Run. She encouraged everyone to come out and buy pizza that night. City Website Mrs. Spies reported that the City's website is coming along and should be up by the end of July. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006 -49 Hudson Lakes Authorizing the Execution of the Annexation Agreement (PC 2005 -53) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an Annexation Agreement with Kendall Creek Development, LLC regarding area commonly referred to as Hudson Lakes Subdivision, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Bock. 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 Ordinance 2006 -50 Hudson Lakes - Annexing (PC 2005 -53) A motion was made by Alderman Burd to approve an ordinance annexing area commonly referred to as Hudson Lakes Subdivision in furtherance of an Annexation Agreement with Kendall Creek Development, LLC, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye I The Minutes of the Reeular Meeting of the Citv Council — June 13. 2006 — Da eg_6 Ordinance 2006 -51 Hudson Lakes - Rezoning (PC 2005 -53) A motion was made by Alderman Burd to approve an ordinance rezoning certain property commonly referred to as Hudson Lakes Subdivision in furtherance of an Annexation Agreement with Kendall Creek Development, LLC, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 _ Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye Ordinance 2006 -52 New Life Church Authorizing the Execution of the Annexation Agreement (PC 2006 -25) A motion was made by Alderman Burd to approve an ordinance authorizing the execution of an Annexation Agreement with New Life Church of Yorkville, Developer, and the record owners of land commonly referred to as the New Life Church Property, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman James. Mayor Prochaska noted that the City Council received an updated agreement at their desk. He stated additional information recognizing the recapture of the watermain was added. The new language has been reviewed by the attorneys. Attorney Wyeth added that information about residential fees was also added. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Ordinance 2006 -53 New Life Church - Annexing (PC 2006 -25) A motion was made by Alderman Burd to approve an ordinance annexing area commonly referred to at the New Life Church Property in furtherance of an Annexation Agreement with the New Life Church of Yorkville, Developer, and the record owners of land, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Besco. 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 Ordinance 2006 -54 New Life Church - Rezoning (PC 2006 -25) A motion was made by Alderman Burd to approve an ordinance rezoning certain property commonly referred to at the New Life Church Property in furtherance of an Annexation Agreement with the New Life Church of Yorkville, Developer, and the record owners of land, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Leslie. 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 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Mayor Prochaska reminded everyone that the Citizens Police Academy Alumni would be holding their annual pork chop dinner at Town Square Park on June 23, 2006. The event will be in conjunction with "Music Under the Stars ". EXECUTIVE SESSION Mayor Prochaska entertained a motion to into Executive Session for the purpose of o Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent. The Minutes of the Regular Meeting of the Citv Council — June 13, 2006 — nacre 7 He asked that City Clerk Milschewski, Administrator Crois and City Attorney Wyeth be included in the session. He indicated that no action would be taken after the session. So moved by Alderman Besco; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, James -aye, Munns -aye The City Council entered into Executive Session at 8:14 p.m. The City Council returned to Regular Session at 8:50 pm. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Burd. Motion approved by a viva voce vote. Meeting adjourned at 8:50 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois * "Note: Tape one of two malfunctioned during the first public hearing. CITY COUNCIL MEETING June 13, 2006 PLEASE PRINT NAME: ADDRESS I Om SOqLC P- 9A T) Il o 4�qI "II -McL ,� ! ,u'�►'I l L si / c` ���� C, CITY COUNCIL MEETING June 13, 2006 PLEASE PRINT NAME: ADDRESS Ckt; 5 NcAv�� ` r : ,P# CA n -/ 14 11 1, Ld ✓ i A/ck �D a� 0 � c �lj1 Pwla j v�udkl — SIGNIN CITY COUNCIL MEETING June 13, 2006 PLEASE PRINT NAME: ADDRESS: ��, �n Uo lk - 0 1 11,, �e l��S /S fib 1��� i SIGNIN 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 June 13, 2006, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. i 9 D- 796006 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 • Fax 630- 983 -6013 www.depocourt.com 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; i 5 MS. VALERIE BURD, Alderman; 6 MR. DEAN WOLFER, Alderman; i 7 MR. JAMES BOCK, Alderman; 8 MR. JOSEPH BESCO, Alderman; I 9 MS. ROSE ANN SPEARS, Alderman; 10 MR. JOHN CROIS; 11 MR. WILLIAM POWELL; 12 MR. TRAVIS MILLER; 13 MS. JACQUELYN MILSCHEWSKI, City Clerk. 14 15 A P P E A R A N C E S: 16 MR. JOHN JUSTIN WYETH, Counsel, 17 appeared on behalf of the United City of Yorkville, Illinois. 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: We have two public 3 hearings. Now, I understand there was a notice I 4 of another public hearing, and while it was in 5 the paper, there is nothing on the agenda to talk 6 about the Meadowbrook development at all. There 7 is no hearing to be had on that development this 8 evening. 9 With that I would entertain a i 10 motion to go into public hearing for the purpose 11 of discussing the Herb and Pam Kleinwachter and 12 Old Second National Bank Trust 8051, petitioners, 13 request to annex to the United City of Yorkville 14 and rezone from Kendall County A -1 Agricultural 15 to United City of Yorkville, B -3 Service Business 16 District and R -2 One- Family Residence District, 17 and for hearing as to the annexation agreement of 18 petitioner. 19 The real property consists of 20 approximately 9.81 acres located on Route 47 21 south of Legion Road and north of Ament Road, 22 Kendall Township, Kendall County, Illinois. 23 MR. BESCO: So moved. 24 MS. BURD: Second. Depo Court Reporting Service (630) 983 -0030 I 4 1 MAYOR PROCHASKA: Moved and 2 seconded. May I have roll call, please? 3 MS. MILSCHEWSKI: Besco. { 4 MR. BESCO: Aye. 5 MS. MILSCHEWSKI: Leslie. 6 MR. LESLIE: Aye. 7 MS. MILSCHEWSKI: Wolfer. I 8 MR. WOLFER: Aye. 9 MS. MILSCHEWSKI: James. 10 MR. JAMES: Aye. 11 MS. MILSCHEWSKI: Burd. 12 MS. BURD: Aye. 13 MS. MILSCHEWSKI: Spears. 14 MS. SPEARS: Aye. 15 MS. MILSCHEWSKI: Bock. 16 MR. BOCK: Aye. i 17 MAYOR PROCHASKA: Motion is carried. 18 We are now in public hearing. Is there someone 19 here representing the petitioner? 20 WHEREUPON: 21 KELLY KRAMER, 22 testified before the Yorkville City Council as 23 follows: 24 MS. KRAMER: Hi. My name is Kelly Depo Court Reporting Service (630) 983 -0030 5 1 Kramer. I am an attorney licensed to practice 2 law in the State of Illinois and I am here 1 3 tonight representing Herb and Pam Kleinwachter. I 4 As the mayor indicated, they 5 are seeking to annex approximately 9.8 acres off 6 of Route -- on the west side of Route 47 south of 7 Legion Road, and they are looking to do -- we are 8 here tonight for the public hearing on the 9 annexation agreement and looking to develop this 10 site as kind of a flex mixed use zoning at this 11 point in time, and that is reflected in the 12 annexation agreement. I 13 At this juncture, the 14 petitioners have plans to construct a day care 15 center on the north side of the property and 16 another commercial building on the south side of 17 the street running through. 18 They are also requesting to 19 annex and zone the back half of the portion to 20 R -2 single- family residential in the event that 21 if it's not developed in commercial in a certain 22 period of time, so we're here tonight to answer 23 any questions you may have regarding the day care 24 issue and also regarding the annexation agreement Depo Court Reporting Service (630) 983 -0030 i 6 I 1 before you tonight. 2 MAYOR PROCHASKA: Is there anyone in ; J 3 the audience that would like to ask a question or { I 4 make a comment to the City Council regarding this 5 public hearing? 6 (No response) 7 MAYOR PROCHASKA: Hearing none, is 8 there anyone on the Council that.has any 9 questions on this? 10 (No response) 11 MAYOR PROCHASKA: Just one question i 12 because you said something that maybe I wasn't i 13 aware of. I 14 Are we looking at initially 15 zoning the entire thing B -3 with an R -2 overlay? 16 MS. KRAMER: Correct. So I 17 apologize. 18 MAYOR PROCHASKA: As opposed to 19 having two zoning -- 20 MS. KRAMER: Two zoning 21 classifications right now. It would be B -3 22 Service Business District. 23 MAYOR PROCHASKA: And we are all 24 understanding that is what it is. Depo Court Reporting Service (630) 983 -0030 7 1 MR. LESLIE: This is flex? 2 MAYOR PROCHASKA: Right. 3 MR. LESLIE: What are the limits? I 4 MS. KRAMER:. The back portion of it, 5 they would have to come back and conform with the 6 drawing here before you tonight, 12,000 square 7 foot lots, and the back one I think is designated 8 as lot number eight is over one acre, and the 9 rationale behind that being over one acre is j I 10 there is an existing residence on the property 11 right now. 12 MR. LESLIE: Wouldn't they 13 re-petition for R -2 if they wanted it? We've 14 only heard this, either the first or the second 15 time. 16 MAYOR PROCHASKA: Actually it's been 17 done on several occasions in the city. It was 18 done up in Yorkville Business Park, it's been 19 done in a couple places where at this point the 20 determination of how that area is developed has 21 not been set, and while we do show a line of 22 business along there in our Comprehensive Plan, 23 how far back it goes we don't know, and being 24 there is an existing residence -- the only Depo Court Reporting Service (630) 983 -0030 8 1 question I have also to you, Miss Attorney, or 2 Mr. Attorney, is as they maintain the existing 3 residence, the B -3 zoning, is that required to 4 be -- 5 MR. WYETH: There has to be some 6 time lines. I can't remember what we were 7 looking at. 8 MS. KRAMER: I believe seven years. 9 MR. WYETH: And that's the trigger 10 for the back -up zoning, so it starts to be free, j i 11 we have to deal with the residential, which will 12 grandfather into a use and it will be the trigger I 13 for a residential. 14 The idea being if it doesn't 15 work commercially, there is a point in time where 16 it can go commercial. 17 MS. KRAMER: And it also somewhat 18 depends on how the area west of this particular 19 property and south side develops. 20 You want to be a good neighbor 21 to the development coming from the southern 22 boundary of Yorkville, so if it ends up, you 23 know, there is large estate subdivisions 24 buffering it, they may want a residential Depo Court Reporting Service (630) 983 -0030 9 1 neighbor as opposed to a B -3 Service Business 2 District neighbor. I 3 MR. BESCO: If we change this from I 4 A -1 to B -3, then can that residence still be 5 used? 6 MAYOR PROCHASKA: That's what the 7 attorney said, was what right now would happen as 8 part of the annexation agreement would then be as 9 the existing residence, and it could be a 10 residence as long as it was maintained as 11 residence. 12 We actually have areas in the 13 city of Yorkville that many, many years ago were I 14 zoned business zoning that are still residences. 15 MR. JAMES: Part of this is 16 agricultural, comes in as business or 17 residential. It doesn't change from farmland 18 until it's not farmed. 19 MAYOR PROCHASKA: That is not 20 something that has not already occurred. 21 MS. BURD: I am wondering, is this 22 one of those -- are they thinking that in the 23 future when they do go residential that they will 24 be selling off these lots to individual home Depo Court Reporting Service (630) 983 -0030 10 1 builders or will they do it themselves? 2 MS. KRAMER: I don't know -- they 3 haven't determined that. Currently 4 Mrs. Kleinwachter does operate a day care center 5 and so I don't know if the would most likely Y j 6 sell either the whole block to a builder or they 7 could have the option of selling individual lots, 8 but I highly doubt they are going to build 9 themselves. You can correct me if I am wrong. 10 MR. KLEINWACHTER: We have no plans 11 of using the back at all. You know, ten years 12 down the road I don't know what we are going to 13 do with the property. 14 MS. BURD: Because I would like to 15 throw out an idea to the Council. I have been 16 talking to some of the local contractors, 17 business people, you know, people who do drywall, 18 people who do trades, that kind of thing, and 19 apparently a lot of the new developers who are 20 coming in are not using local people, and I was 21 wondering if we would consider writing some of 22 this into our annexation agreements that maybe 23 they will use ten percent local business people 24 or something like that, just tossing it out as a Depo Court Reporting Service (630) 983 -0030 11 1 thought because it seems sad that we have all 2 this development coming in and our local business 3 people really aren't reaping a major benefit, 4 so -- 1 5 MR. BESCO: I've actually heard that 6 from quite a few contractors locally. 7 MAYOR PROCHASKA: I think it depends 8 who it is because I do know some:have been used. 9 MR. BESCO: Right. 10 MS. BURD: I don't know, just -- 11 MS. SPEARS: It's a good idea. 12 MS. BURD: Especially when they want 13 an SSA, I think that would be a thought, just for 14 discussion. 15 MAYOR PROCHASKA: How many lots are 16 we looking at? i 17 MS. KRAMER: You would have seven 18 lots total counting the existing structure. Six 19 buildable new lots. 20 MR. WOLFER: I have a question for 21 Travis if I could. Since this is a B -2, what 22 other businesses could they put in should they 23 decide to change and not put in a day care? 24 MR. MILLER: It's cumulative. It Depo Court Reporting Service (630) 983 -0030 12 1 builds. Each business zone builds on another. 2 B -2 and a B -1 business district. 3 MR. WOLFER: Could you give me an 4 example? 5 MR. MILLER: Well, B -3 allows for I 6 retail, big box retail, such as Wal -Mart. They I 7 don't have the space for it here, but that type I 8 of intensity in terms of commercial use. 9 More realistic here I think is 10 what they are showing in this development plan 11 that is attached to the annexation agreement, and 12 they are asking for a special use for a day care, 13 so one of the commercial outlots would be a day 14 care and then the other I believe is an 15 office -type use, but at this point the annexation 16 agreement doesn't limit the uses below B -3. r � 17 MS. KRAMER: It actually explicitly 18 authorizes all the B -3. Due to the site 19 constraints and the acreage we are dealing with, 20 you are probably going to see a low intense, like 21 Travis said, office, maybe a service -type 22 building. 23 MR. WOLFER: There is no guarantee? 24 MS. KRAMER: Pardon me? Depo Court Reporting Service (630) 983 -0030 13 1 MR. WOLFER: With the general B -3, 2 there would be no guarantee? 3 MS. KRAMER: Well, strictly what's 4 in your ordinance. You know, if there was a gas 5 station, you'd have to come in and ask for a 6 special use, so... 7 MAYOR PROCHASKA: So again, that's 8 for the entire 9.8 acres -- 9 MS. KRAMER: Correct. 10 MAYOR PROCHASKA: -- so that could 11 be reassembled in any -- 12 MS. KRAMER: Any fashion. 13 MAYOR PROCHASKA: -- format to -- 14 MS. KRAMER:- Right. 15 MAYOR PROCHASKA: -- allow for that 16 property. I think there is some things that we l 17 can give some thought to. I think we will go 18 forward with the annexation agreement. I'm sure 19 the attorneys can talk. 20 Anyone else? 21 (No response) 22 MAYOR PROCHASKA: Hearing no further 23 discussion, I would entertain a motion to close 24 this public hearing. Depo Court Reporting Service (630) 983 -0030 14 1 MS. BURD: So moved. 2 MR. BESCO: Second. 3 MAYOR PROCHASKA: Moved and 4 seconded. May I have roll call, please? 5 MS. MILSCHEWSKI: Leslie. i 6 MR. LESLIE: Aye. 7 MS. MILSCHEWSKI: Wolfer. 8 MR. WOLFER: Aye. ' I 9 MS. MILSCHEWSKI: James. j i 10 MR. JAMES: Aye. 11 MS. MILSCHEWSKI: Burd. 12 MS. BURD: Aye. 13 MS. MILSCHEWSKI: Spears. 14 MS. SPEARS: Aye. 15 MS. MILSCHEWSKI: Bock. i 16 MR. BOCK: Aye. 17 MS. MILSCHEWSKI: Besco. 18 MR. BESCO: Aye. 19 MAYOR PROCHASKA: Motion is carried. 20 MS. KRAMER: Thank you. 21 MAYOR PROCHASKA: Now I would 22 entertain a motion to go into public hearing for 23 the purpose of discussing the MPI Number 6 South 24 Yorkville, LLC, petitioner, request to annex to I Depo Court Reporting Service (630) 983 -0030 15 1 the United City of Yorkville and rezone from 2 Kendall County A -1 Agricultural to United City of 3 Yorkville Planned Unit Development containing R -2 4 One- Family Residence District, R -2 Duplex 5 Two - Family Residence District, R -3 General 6 Residence District, R -4 General Residence 7 District, and B -2 General Business District. 8 The real property consists of I 9 approximately 916.44 acres east of Immanuel Road, j I 10 north and south of Ament Road, west of Route 47, 11 and north and south of Walker Road, Kendall 12 Township, Kendall County, Illinois. 13 MR. BOCK: So moved. 14 MR. BESCO: Second. 15 MAYOR PROCHASKA: Moved and 16 seconded. May I have roll call, please? 17 MS. MILSCHEWSKI: Leslie. 18 MR. LESLIE: Aye. 19 MS. MILSCHEWSKI: Wolfer. 20 MR. WOLFER: Aye. 21 MS. MILSCHEWSKI: James. 22 MR. JAMES: Aye. 23 MS. MILSCHEWSKI: Burd. 24 MS. BURD: Aye. Depo Court Reporting Service (630) 983 -0030 i 16 1 MS. MILSCHEWSKI: Spears. 2 MS. SPEARS: Aye. 3 MS. MILSCHEWSKI: Bock. 4 MR. BOCK: Aye. 5 MS. MILSCHEWSKI: Besco. 6 MR. BESCO: Aye. 7 MAYOR PROCHASKA: Motion is carried. 8 We are now in public hearing. j ' I 9 WHEREUPON: I i 10 JOHN PHILIPCHUCK, 11 testified before the Yorkville City Council as 12 follows: 13 MR. PHILIPCHUCK: Good evening. My 14 name is John Philipchuck. I am a partner in the 15 law firm of Dommermuth, Brestal, Cobine & West 16 with offices at 123 Water Street in Naperville, 17 Illinois, here this evening representing the 18 petitioners, MPI. 19 The Council has seen the 20 development application for some time now as you 21 know, and the hearing this evening is on the 22 annexation agreement. 23 We have met with the Staff, we 24 do have some comments, but we still have some Depo Court Reporting Service (630) 983 -0030 17 1 things that we need to work out, but because it's 2 been a while since we have been i-n front of you s 3 and we may have some residents here who are not 4 familiar, we'd like to introduce John Martin, our 5 land planner from JEN Land Design to do just a 6 very brief overview of some of the provisions 7 that we are suggesting that be entered into the 8 annexation agreement as part of our plan that's 9 before you here this evening, and I think I have 10 one correction on the agenda. 11 I think we are requesting B -3 12 zoning rather than B -2 for the commercial 13 components. So, John? 14 WHEREUPON: 15 JOHN MARTIN, 16 testified before the Yorkville City Council as 17 follows: 18 MR. MARTIN: Mr. Mayor, is it okay 19 if I address the board? Is it going to mean -- 20 if you would like, I'll stay here. 21 MAYOR PROCHASKA: It's fine if you 22 can take the mic with you. 23 MR. MARTIN: Let me get started 24 while Wendy looks for the laser pointer here. Depo Court Reporting Service (630) 983 -0030 i 18 1 Again, it is a 916 -acre parcel, all the way from 2 just north of Ament down to Caton Farm Road at { I 3 the southern end of the development, and then we 4 have Walker Road running through the south half, 5 this is Route 47, Immanuel Road on the west, and 6 then Ament Road on the north, with a small parcel 7 north of Ament Road. 8 A 916 -acre development, this in 9 your Comprehensive Plan is broken into two areas, J 10 Mid -Aux Sable Creek running through the i 11 development in this area separates the northern 12 section, the northern area, which falls in your 13 suburban category, suburban area, in the i 14 Comprehensive Plan. South of the creek falls in 15 the transitional area in your comprehensive plan. 16 This plan pretty much follows 17 the guideline, and actually we are coming in with 18 less than the density allowed in the 19 Comprehensive Plan. 20 The northern areas comprised 21 of -- the darker yellow shows the 12,000 square 22 foot lot area, the intermediate yellow here is an 23 11,000 square foot. These are basically 85 foot 24 wide lots, 80 and 75 in the 11, and then the Depo Court Reporting Service (630) 983 -0030 19 1 lighter shade of yellow, represents 10,000 square 2 foot lot minimums with 70 and 75 foot wide lots. � 3 The open space shown in the 4 green, the dark green area along 47, there's been I 5 an extensive amount of work with the school 6 district and the park district on developing what 7 we now have as a 67 and a half acre potential I 8 high school site with the ability on the property 9 to the west to expand that site into 10 approximately a 70 -acre site, which is what the 11 high school is looking for out in this area on 12 the south end of town. 13 In addition to that, we have 14 numerous park sites, a trail system, throughout 15 the project, both in the suburban and the 16 transitional area, there is the Mid -Aux Sable ' 17 Creek trail, which we are showing also on the 18 portion, our plan, that that trail follows. 19 Also per the Comprehensive Plan 20 we are showing a small neighborhood commercial at 21 the extension of Wheeler Road, which is shown in 22 your Comprehensive Plan, from 47 to Immanuel, 23 13 -acre commercial here, 23 acres of commercial 24 again shown in your Comprehensive Plan, and the Depo Court Reporting Service (630) 983 -0030 20 1 large 45 -acre commercial at Caton Farm and 2 Route 47 for a total of 81 acres of commercial. 3 The overall density of the 4 development is at 2.1 units per acre overall. If 5 you look at the combination of the transition and 6 suburban area in your Comprehensive Plan, it 7 would allow up to two and a half units per acre, i 8 if you average out the transition and the I 9 suburban area. 10 So we are less -- We are asking 11 for less density than what would be allowed in 12 your Comprehensive Plan. 13 Providing a five -acre fire j 14 station site at the extension of Wheeler Road and I 15 Immanuel. The open space system is over 300 -- 16 almost 328 acres of permanent open space. I 17 That doesn't include all of the 18 open spaces that's going to be associated with 19 some of the attached product, which is in the 20 transitional area south of Walker. That 21 represents about 36 acres of this site in the 22 various shades of green, park sites, three acre 23 here, ten acre here, 13 -acre expandable park 24 site. Depo Court Reporting Service (630) 983 -0030 21 1 We have worked with, as you 2 know, the Park District with these plans in 3 developing these park sites so they are I 4 expandable. Another five -acre park site down 5 here that's expandable to the west. 6 So, again, we've gone through 7 and worked with the Park District. I think we I 8 now have provided the school site that the school 9 is looking for and, again, our overall density is 10 2.1 versus the Comprehensive Plan at two and a 11 half units per acre, which would be allowed under 12 your Comprehensive Plan. 13 I think with that, that's a 14 brief overview, and obviously we can talk about 15 more of the specifics in terms of the various 16 neighborhoods that have been developed on this i 17 plan. 18 MR. PHILIPCHUCK: I would next like 19 to introduce Mr. Bill Shiner. Bill is our 20 commercial development advisor. He wants to 21 touch about the types of user that we are 22 anticipating for the commercial components of the 23 plan. 24 As you know, the Council is Depo Court Reporting Service (630) 983 -0030 22 1 very concerned about trying to get the corporate 2 limits extended to the intersection of Caton Farm 3 Road and Route 47, and as a result of some 4 further land acquisitions, MPI was able to get �. 5 some of those lands under contract, so, Bill, if 6 you will. 7 WHEREUPON: 8 BILL SHINER, i 9 testified before the Yorkville City Council as 10 follows: 11 MR. SHINER: I don't know if I got 12 sworn in or not. 13 MAYOR PROCHASKA: No, that's fine. 14 MR. SHINER: Okay. My name is Bill 15 Shiner, President and CEO of the Shiner Group. 16 We are consultants in a minor way, but developers 17 throughout the Chicago area. 18 We have developed over 65 19 projects in and around Chicago. We have 20 developed some projects in Indiana, Ohio, and 21 California as well. 22 I have worked with the 23 ownership for years on various land sites, 24 including as an advisor on this site in terms of Depo Court Reporting Service (630) 983 -0030 23 1 the future use. 2 I'm going to start first with 3 the 45 -acre piece along Caton Farm. There is a 4 lot of development along 47 to the north, as 5 everyone knows. A lot of the retailers that we 6 all know are there today. And so the question 7 ultimately is is there room for a second store I 8 for a lot of those users, is it a potential 9 lifestyle center. 10 I am not going to sit here and 11 crystal ball a few years from now and tell you 12 what exactly will be here. 13 But Caton Farm fits in really I 14 almost -- A lot of people talk about good real 15 estate, so let's take a step back, and what's 16 good retail real estate. 17 What good retail real estate 18 today really is what fits in the networks of the 19 various retailers who are expanding. 20 Today the tenants that are 21 expanding are Home Depot, Kohl's, Wal -Mart, 22 Target, you know, some of the boxes. 23 On a 45 -acre site, what you are 24 talking about there is approximately about a Depo Court Reporting Service (630) 983 -0030 24 1 million nine square feet of land. That's going 2 to equate to about a 400,000- square foot center, 3 plus various outlots, so you are going to have a 4 major community center ultimately that's going to 5 go there. 6 And what Caton Farm does is I 7 really fits into the network for those tenants 8 that are in to the east and also,to the north, 9 and a second store in our opinion for a lot of 10 these tenants is going to be the likelihood when 11 the residential comes. No one is going to come 12 here before the residential is there. i 13 I think if you look to the 14 comparable in terms of this type of market, the 15 comparable that -- and if you have time, and it's 16 quite a long drive, but I went out there today 17 just to look at it again. 18 I was up in Crystal Lake and 19 Lake in the Hills, and if you look at the 20 development there and the housing and you look at 21 the markets, the distance between Crystal Lake 22 and Lake in the Hills is almost identical in 23 terms of the stores locating -- and you have two 24 markets almost three and a half, four miles Depo Court Reporting Service (630) 983 -0030 I 25 1 apart. 2 And what happened there is 3 Crystal Lake developed first along Route 14, and 4 the players that I named all located there, and 5 then Lake in the Hills had enormous growth to the 6 south, they had high schools come up, they had 7 schools come up, the grammar schools, the middle 8 schools were built, the residential filled 9 around, and then the retail has followed that, 10 and that is a very similar situation that you see i 11 here. I 12 So when you look at the overall 13 development -- and I'm not sure about the � 14 ultimate plans for the other corners, but I think 15 Caton Farm at some point in time is going to 16 become a regional corner. 17 An example of a regional 18 corner, Schaumburg and Barrington, where you have 19 Target, which is in Schaumburg, where you have 20 Target Kohl's, Lowe's, Home Depot, Jewel, and 21 Dominick's all on basically one corner. 22 I think Caton Farm ultimately 23 might be that based on where the tenants are 24 sitting today. Depo Court Reporting Service (630) 983 -0030 26 1 As you go along Walker, I think 2 also as the residential comes in that might be 3 more of a food store anchor -type shopping center, 4 whether it's Safeway or Albertson's, and what 5 their plans are, obviously they are located -- 6 jewel is certainly up to the north and whether 7 they open a second store again depends on the 8 density. 9 And I'm not here to tell you 10 who is going to go there; I don't want to make or 11 feel that that's a commitment, but I'm trying to 12 give a sense based on the size. 13 23 acres, you're talking about 14 almost a million square feet of land; you're 15 talking about a 200 to 220,000 foot center based 16 on parking and landscaping requirements. 17 So overall on those two centers 18 you are talking about almost 700,000 feet of 19 retail that needs to be absorbed long -term, and 20 for 700,000 feet, you're talking about almost 210 21 million dollars in sales, so think about the 22 disposable income and the housing that you need 23 to support that kind of retail. 24 As you go further down the Depo Court Reporting Service (630) 983 -0030 27 1 road -- and I think Mr. Philipchuck really 2 described it well -- in his local convenient -type 3 retail. I 4 I think you will see a local 5 restaurant. I think you will see a 6 convenient -type operation. I think the 7 residences don't -- And everyone here is an 7 8 expert at shopping. 9 When you want to go to Home R 10 Depot and you're doing something in your 11 basement, clearly you are going to go to a 12 certain location. i 13 But if you want to get 14 something for your home or something quick, like 15 a drugstore or something like that, you are not 16 going to want to go to the busiest intersection 17 you can find. You are going to want to find 18 something that's convenient. 19 You are going to have a high 20 school across the street, you are going to have a 21 lot of parks, you are going to have a lot of 22 activity, so it's really going to be localized 23 convenient -type retail, office, medical office, 24 you can suspect some medical uses would go in Depo Court Reporting Service (630) 983 -0030 28 1 there. 2 Again, that site is a r 3 approximately 12 acres? I 4 MR. MARTIN: 13. 5 MR. SHINER: 13. It's 13 acres. 6 Again, typical absorption, at a 20 percent 7 absorption, you are looking at approximately 120 8 or 130,000 feet of retail, convenience, office, 9 restaurants, and those kind of uses. P 10 In terms of sales tax 11 generation, from the 45 -acre site, you talk about 12 almost having 400,000 foot of retail plus 13 outlots. a q' 14 Today the average center of 15 that size does between 200 and $250 a square foot 16 in sales, so you are talking about almost a 17 hundred million dollars in sales, or about nine 18 percent I believe is your sales tax here, so you 19 are looking about a million dollars in sales 20 taxes that would be generated in today's dollars 21 if it was built, and our belief is that it's 22 years away from being built because the 23 residential development is not there. 24 The 23 acres, again, about Depo Court Reporting Service (630) 983 -0030 29 1 220,000 square foot center at the same average 2 sales per square foot, you are looking at almost 3 about 400 or 500,000 -- 400 to $500,000 of sales I 4 tax revenue to the community. 5 And the 23 acres probably 6 wouldn't equate out to 200 to 250 a foot. 7 Convenience centers typically do about 100 to YP Y 8 $150 a square foot, somewhere in, that range, I 9 because it's a mixture of medical, and a lot 10 of -- some non -sales tax generating uses. 11 So there you are probably 12 looking at somewhere about 150 to $200,000 in 13 sales taxes that are being generated. 14 Property taxes, you will have 15 to excuse me, I thought your percentage was about 16 nine percent to the city, is that about right? E 17 MAYOR PROCHASKA: Total community? 18 MR. SHINER: Per dollar -- to the 19 community. Well, it's about 16 percent to the 20 schools and about nine percent to the 21 community. 22 MAYOR PROCHASKA: More around seven, 23 eight. 24 MR. CROIS: Seven and a half. Depo Court Reporting Service (630) 983 -0030 30 1 MR. SHINER: I couldn't exactly tell 2 from some of the copies of the tax bills. I am a 3 little confused. I wanted to get that number 1 4 right. 5 But, again, a 400,000 square P 6 foot center, you are looking at almost a million 7 two, in tax dollars. That would equate to the 8 school district of approximately seven to 9 $800,000 a year to the school district just from P 10 that one center. 11 At seven or eight percent, you 12 know, you're looking at probably about 80 or 13 $90,000 a year just to the city's coffers. That 14 doesn't include the police, the county and all 15 those other things, just kind of isolating the 16 school district. i 17 And you'd have similar 18 equations in terms of dollars being generated for 19 the park district -- I'm sorry, the school 20 district and the other center, about half of the 21 23 acre site and a little less than that out of 22 the smaller site. 23 So overall in today's dollars, 24 it is a tremendous economic benefit to the Depo Court Reporting Service (630) 983 -0030 31 1 community, it is a corner that we think will be a 2 regional corner, and we believe years down the 3 3 road -- and as we say, one of the key things in 4 any -- you don't -- You rarely, if ever, see that 5 residential follows retail. It is pretty clear 6 that retail follows the residential, and the 7 disposable income that is Yorkville, and a big 8 part of that is the school districts, the parks, 9 and the amenities, and I think this project I 10 really puts together everything that a community 11 needs. 12 So with that, I'll be happy to 13 answer any questions if you have any. 14 MAYOR PROCHASKA: Do you have 15 anybody else to present? 16 MR. PHILIPCHUCK: We have Tom Small 17 from Pasquinelli Development, Moser Enterprises 18 here, if you have questions for them; otherwise 19 that was our presentation for this evening 20 here. 21 MAYOR PROCHASKA: Okay. Then I 22 would like to open the floor to anyone in the 23 audience that would like to ask a question, make 24 a comment on this development. Is there anyone Depo Court Reporting Service (630) 983 -0030 32 1 in the audience that would like to come forward? 2 (No response) I 3 MAYOR PROCHASKA: Seeing none then, i 4 I would ask if there is any comments or questions 5 from the Council. Yes, Alderman Spears. 6 MS. SPEARS: I would just like to 7 share my vision for the city of Yorkville in the 8 future. 9 I would like to see 10 developments such as this to provide community 11 centers. We need community centers in Yorkville, 12 we have one basically, and I'd like to see them 13 throughout the town that would be for the public. 14 Not necessarily the clubhouses, but a regular 15 community center that all the residents that you 16 are going to be bringing in, as well as residents 17 from the other side of town or other 18 developments, would be able to enjoy, a very nice 19 community center. 20 MR. PHILIPCHUCK: As you know, Rose, 21 you've adopted and you have looked for capital 22 and administrative fees with the new development 23 that comes in. 24 Certainly you could earmark Depo Court Reporting Service (630) 983 -0030 33 1 some of those funds for some of those kinds of 2 facilities. I 3 MAYOR PROCHASKA: Actually, Alderman 4 Spears, we actually have had that discussion with 5 developers. 6 I remember when MPI went 7 through, it was kind of further along when we 8 started that discussion, but there was some 9 discussion about maybe looking at some buildings 10 being public, and I think that's something that I 11 we can address a little bit more as we go forward 12 to see how that might work. I I 13 There might be actually an 14 advantage to the developer and the city. 15 MS. SPEARS: Exactly. And we can 16 have connecting developments possibly contribute 17 so much to it. 18 MR. PHILIPCHUCK: You raise a good 19 point. And if you're going to have a fire i 20 station site -- 21 MS. SPEARS: Right. 22 MR. PHILIPCHUCK: -- maybe it's 23 designed such that there is a large room, a 24 community room. I mean, you should get more than Depo Court Reporting Service (630) 983 -0030 34 1 one use out of some of these public buildings. 2 It costs a lot of money to put 3 these buildings under roof. If we're going to g g g 4 design them, let's design them to be 5 multi - functional. I think that might work. I 6 MS. SPEARS: Exactly. 7 MAYOR PROCHASKA: Anyone else? 8 Alderman James. 9 MR. JAMES: Yeah. Just on the j 10 design on Route 47, I'd like to see a limit to i 11 the amount of stoplights that you put along 12 there, if there is some way to use frontage roads i 13 in the design, but I don't want to end up seeing 14 this development, you know, go 200 feet and you 15 hit another light and repeat, hit another light 16 and repeat. 17 In the design, if there is some 18 way to limit the amount that you're going to be 19 putting on there and try to use frontage roads as 20 access. 21 MR. PHILIPCHUCK: As you know, we 22 are being subjected to the requirements of IDOT 23 and so we have to work with IDOT as to where 24 those locations can be, and they have their Depo Court Reporting Service (630) 983 -0030 35 1 minimum separation standards for those signals, 2 and, then again, you have to meet warrants in 3 order to be able to have the signals, and the key 'J 4 then is to have the interconnect so that when you 5 have the lighter traffic that need to access, you 6 can have more through traffic move on those 7 roadways, so that's a point well taken. I 8 MR. WOLFER: After you sat down and 9 said I'm going to, I would like to see it in the 10 annexation, but when this subdivision is 11 completed that access roads are going to be 12 exiting from school, I would like to see a light 13 there. That is really going to be crowded. 14 MR. PHILIPCHUCK: So wherever the i 15 full access from the high school site is on 16 Route 47 -- 17 MR. WOLFER: I was told that it 18 would not access out to 47. 19 MAYOR PROCHASKA: The full access 20 was going to be down and out Wheeler, is what we 21 were told, so -- 22 MR. WOLFER: At that point we have 23 enough traffic going. 24 MAYOR PROCHASKA: Well, I think you Depo Court Reporting Service (630) 983 -0030 a 36 1 bring up a good point, especially in a site like 2 that where, depending on timing and what gets 'a 3 built first and what goes where, the school could I 4 be there prior to there being enough homes to 5 warrant the signalization, so I think -- and 6 correct me if I am wrong -- but you are saying 7 that once the school is there we want to make 8 sure -- 9 MR. WOLFER: Correct. Maybe on a i 10 certain level of completion, we make sure that 11 it's automatically asked for. 12 MAYOR PROCHASKA: The study will be 13 done as part of the project, but I think the idea 1 1 14 of -- 15 MR. PHILIPCHUCK: There is a traffic 16 study that's been done and we are in the process i 17 of updating it. 18 MAYOR PROCHASKA: Anyone else? 19 Alderman Besco. 20 MR. BESCO: One question. As long 21 as I have been on the Council, I have never 22 remembered seeing an R -4 come through. What is 23 the -- 24 MAYOR PROCHASKA: Actually we do Depo Court Reporting Service (630) 983 -0030 37 1 have R -4. R -4 is basically like condos or 2 apartments. i 3 MR. BESCO: What's the density 4 for that? 5 MAYOR PROCHASKA: It's eight units 6 per acre. 7 MR. BESCO: Eight per acre. Yeah, I i 8 remember. I 9 MAYOR PROCHASKA: And they are 10 required to have a single covered parking space 11 for each unit. I don't know if it says enclosed 12 or covered, but it has to be more than just a 13 parking lot space. 14 MR. BESCO: Right. 15 MAYOR PROCHASKA: Yes, ma'am. 16 MS. SURD: Is this an SSA? Are you 17 requesting an SSA? 18 MR. PHILIPCHUCK: We do have a 19 provision in there. As you know, we are looking 20 in the area of a 30 million dollar infrastructure 21 program for the provisions for water and sanitary 22 sewer services in the southern area, so that is, 23 or it may still be needed as part of the 24 solution, Valerie. Depo Court Reporting Service (630) 983 -0030 38 1 We are continuing to work with 2 staff, and so we haven't ironed out all those 3 details, but just so you know, that is the number 4 out there for the wells, treatment, storage, r 5 sanitary sewers, pump stations, and things of 6 that nature. 7 MS. BURD: Since this is such a I 8 large development, I'm sure you heard what my i 9 suggestion was a little earlier, to try to bring I 10 some of this development to be more benefit to j 11 our local business people. i 12 Would you consider if we 13 changed the policy, having something written into 14 the annexation agreement that would provide some 15 benefit to our local business people? 16 MR. PHILIPCHUCK: I think you are on 17 the right track; I don't know if I would put it 18 and require it in the annexation agreement. 19 Having some kind of a trade 20 fair where the developers could meet some of the 21 local tradesmen and understand their capacities 22 and things. 23 When you talk about some of 24 these larger developments, can your local Depo Court Reporting Service (630) 983 -0030 39 1 contractor handle the volume? { 2 MS. BURD: Sure. 3 MR. PHILIPCHUCK: Is their 4 workmanship up to the same standards as the 5 people, you know, they are currently using. s 6 Pricing is always a factor. 7 Obviously you can't say you can only use our 8 folks here and then they price it way above where 9 the market is at. i 10 I think there is a lot of 11 factors we'd have to look at, but certainly an 12 opportunity to meet some of those local 13 businessmen would be a good idea because maybe 14 many of them, given that opportunity, would be 15 able to secure some contracts. 16 Writing it into the agreement 17 and requiring it, I think we should give that 18 some more thought. 19 MS. BURD: It's something I would 20 like to think about, but I know that some of them 21 are working with other developers in other 22 communities, but when they come to Yorkville, for 23 some reason they are not opening it up to them. 24 MR. PHILIPCHUCK: I am not aware of Depo Court Reporting Service (630) 983 -0030 40 1 that, but we can look at it. 2 MS. BURD: And especially mentioned 3 the Grande Reserve area, which was a huge -- 4 which is a huge development, so since this is 5 something similar, I would like to see that not 6 happen again because I do think, you know, this 7 should be something -- this should be a boon to 8 our local business people who are providing all 9 name products and doing quality work, and I'm E 10 sure a lot of them would be more than up to 11 providing these kind of services. 12 MR. LESLIE: I like the idea. I 13 don't know how you could mandate that in terms I 14 of writing. Something to consider. 15 MAYOR PROCHASKA: If they agree to 16 it, they agree to it. The question is that -- . E 17 MS. BURD: How they can work it out. 18 MR. LESLIE: In terms of annexation, 19 if they flip it to commercial, a commercial lot 20 to develop my store, I'm going to have the 21 latitude in determining who I am going to use as 22 the general contractor. 23 MAYOR PROCHASKA: Well, it does -- 24 maybe or maybe not. That's where the limit would Depo Court Reporting Service (630) 983 -0030 41 1 be. It's going to be interesting having it. 2 MR. LESLIE: It would be real I 3 interesting. 4 MAYOR PROCHASKA: One of the things 5 that I'd like to see with a development this 6 large is -- and I know we -- I think you guys 7 tried it at Grande Reserve, and I don't know how i 8 well it works, I know even the discussions with 9 like Home Builders Association is often looking 10 for developments larger where there can be 11 actually areas or pods or sections or whatever i 12 you want to call it where lots could be sold off 13 on a single basis or in a smaller quantity so 14 that the local custom and semi - custom builders, 15 the local builders, have an opportunity to 16 partake. r 17 I know -- I know you guys did 18 something, I don't know exactly how it worked out 19 at the last one, but, again, this was actually 20 something I am remembering from a discussion with 21 people from the American -- from the Home 22 Builders Association, is the idea of actually 23 looking for a development large enough where a 24 section or some sections could be set aside where Depo Court Reporting Service (630) 983 -0030 42 1 the lots could be sold on an individual basis so 2 that you actually have the ability for the 3 smaller builders and the people in the area to 4 partake in this development, so that is something 5 I actually would like to see. 6 MS. BURD: That would help. i 7 MAYOR PROCHASKA: Because those -- 8 and then again, those are the folks that are 9 going to hire the local tradesperson. 10 MS. BURD: Right. That would help i 11 solve the problem. 12 MAYOR PROCHASKA: So that would be 13 another way to approach that. Anyone else? 14 (No Response) 15 MAYOR PROCHASKA: Hearing no further 16 discussion, I would entertain a motion to close 17 the public hearing. 18 MS. BURD: So moved. 19 MR. BOCK: Second. 20 MAYOR PROCHASKA: Moved and 21 seconded. May I have roll call, please? 22 MS. MILSCHEWSKI: Wolfer. 23 MR. WOLFER: Aye. 24 MS. MILSCHEWSKI: James. Depo Court Reporting Service (630) 983 -0030 43 1 MR. JAMES: Aye. 2 MS. MILSCHEWSKI: Burd. 3 MS. BURD: Aye. 4 MS. MILSCHEWSKI: Spears. 5 MS. SPEARS: Aye. 6 MS. MILSCHEWSKI: Bock. 7 MR. BOCK: Aye. 8 MS. MILSCHEWSKI: Bosco. 9 MR. BESCO: Aye. 10 MS. MILSCHEWSKI: Leslie. I 11 MR. LESLIE: Aye. 12 MAYOR PROCHASKA: Motion is carried. i I 13 Public hearing is closed. 14 (Which were all the 15 proceedings in the 16 public hearing.) 17 --- 000 - -- 18 19 i 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 44 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; 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. 14 IN WITNESS WH REOF I have hereunto set 15 my an this __ y of 16 2006. i 17 18 19 20 ----- - - - - -- CHRISTINE M. VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 i 23 i 24 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 45 June 13, 2006 $150 29:8 500,000 29:3, 29:3 11:5, 12:17, 18:17, annexation 3:17, $200,000 29:12, 6 14:23 33:3, 33:4, 33:13, 5:9, 5:12, 5:24, 9:8, 29:12 65 22:18 36:24, 41:11, 41:19, 10:22, 12:11, 12:15, $250 28:15 67 19:7 41:22, 42:2, 42:5 13:18, 16:22, 17:8, $500,000 29:3, 29:3 70 19:2 addition 19:13 35:10, 38:14, 38:18, $800,000 30:9, 30:9 70 -acre 19:10 address 17:19, 40:18 $90,000 30:13, 30:13 700,000 26:18, 33:11 answer 5:22, 31:13 j 000- square 24:2 26:18, 26:20, 26:20 administrative 32:22 anticipating 21:22 084- 002883 44:24 75 18:24, 19:2 adopted 32:21 anybody 31:15 1 18:24, 25:3 7:00 1:9, 1:9 advantage 33:14 apart 25:1 10,000 19:1, 19:1 80 18:24, 30:12 advisor 21:20, 22:24 apartments 37:2 100 29:7 800 1:9 aforesaid 44:14 apologize 6:17 11,000 18:23, 18:23 805 3:12 agenda 3:5, 17:10 apparently 10:19 12 28:3 8120:2 ago 9:13 appeared 2:18 12,000 7:6, 7:6, 85 18:23 agree 40:15, 40:16 application 16:20 18:21, 18:21 9.8 5:5, 13:8 agreement 3:17, 5:9, approach 42:13 120 28:7 9.81 3:20 5:12, 5:24, 9:8, ` approximately 3:20, 123 16:16 916 -acre 18:1, 18:8 12:11, 12:16, 13:18, 5:5, 15:9, 19:10, 13 28:4, 28:5, 28:5 916.44 15:9 16:22, 17:8, 38:14, 23:24, 28:3, 28:7, 13 -acre 19:23, 20:23 38:18, 39:16 30:8 130,000 28:8, 28:8 agreements 10:22 area 7:20, 8:18, 150 29:12 <A> Agricultural 3:14, 18:11, 18:12, 18:13, 16 29:19 A -1 3:14, 9:4, 15:2 9:16, 15:2 18:15, 18:22, 19:4, a 2.120:4, 21:10 ability 19:8, 42:2 Albertson 26:4 19:11, 19:16, 20:6, 9 20 28:6 able 22:4, 32:18, Alderman 2:3, 2:4, 20:9, 20:20, 22:17, ' 200 26:15, 28:15, 35:3, 39:15 2:5, 2:6, 2:7, 2:8, 2:9, 37:20, 37:22, 40:3, 29:6, 34:14 above 39:8 32:5, 33:3, 34:8, 42:3 2006.44:18 above - entitled 1:7 36:19 areas 9:12, 18:9, 210 26:20 absorbed 26:19 Allegiance 3:1 18:20, 41:11 220,000 26:15, absorption 28:6, allow 13:15, 20:7 around 22:19, 25:9, 26:15, 29:1, 29:1 28:7 allowed 18:18, 29:22 23 19:23, 26:13, access 34:20, 35:5, 20:11, 21:11 ARTHUR 2:2 28:24, 29:5, 30:21 35:11, 35:15, 35:18, allows 12:5 aside 41:24 250 29:6 35:19 almost 20:16, 23:14, associated 20:18 30 37:20 acquisitions 22:4 24:22, 24:24, 26:14, Association 41:9, 300 20:15 acre 7:8, 7:9, 19:7, 26:18, 26:20, 28:12, 41:22 328 20:16 20:4, 20:7, 20:22, 28:16, 29:2, 30:6 attached 12:11, 36 20:21 20:23, 21:11, 30:21, already 9:20 20:19 4 15:10, 18:5, 19:4, 37:6, 37:7 amenities 31:9 Attorney 5:1, 8:1, 22:3, 34:10 acreage 12:19 Ament 3:21, 15:10, 8:2, 9:7 400 24:2, 29:3, 29:3 acres 3:20, 5:5, 18:2, 18:6, 18:7 attorneys 13:19 400,000 28:12, 13:8, 15:9, 19:23, American 41:21 audience 6:3, 31:23, 28:12, 30:5, 30:5 20:2, 20:16, 20:21, amount 19:5, 34:11, 32:1 45 -acre 20:1, 23:3, 26:13, 28:3, 28:5, 34:18 authorizes 12:18 23:23, 28:11 28:24, 29:5 anchor -type 26:3 automatically 36:11 47 3:20, 5:6, 19:22, across 27:20 ANN 2:9 average 20:8, 28:14, 20:2, 23:4, 35:16, activity 27:22 annex 3:13, 5:5, 29:1 35:18 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31:1, 31:10, basically 18:23, 34:3 certain 5:21, 27:12, 32:10, 32:11, 32:15, 25:21, 32:12, 37:1 builds 12:1, 12:1 36:10 32:19, 33:24 basis 41:13, 42:1 built 25:8, 28:21, Certainly 26:6, comparable 24:14, become 25:16 28:22, 36:3 32:24, 39:11 24:15 behalf 2:18 BURD 2:5, 3:24, Certified 44:7 completed 35:11 behind 7:9 4:11, 4:12, 9:21, change 9:3, 9:17, completion 36:10 belief 28:21 10:14, 11:10, 11:12, 11:23 components 17:13, believe 8:8, 12:14, 14:1, 14:11, 14:12, changed 38:13 21:22 28:18, 31:2 15:23, 15:24, 37:16, Chicago 22:17, Comprehensive below 12:16 38:7, 39:2, 39:19, 22:19 7:22, 18:9,18:14, benefit 11:3, 30:24, 40:2, 40:17, 42:6, CHRISTINE 1:8, 18:15, 18:19, 19:19, 38:10, 38:15 42:10, 42:18, 43:2, 44:6, 44:23 19:22, 19:24, 20:6, BESCO 2:8, 3:23, 43:3 City 1:1, 1:2, 1:10, 20:12, 21:10, 21:12 4:3, 4:4, 9:3, 11:5, busiest 27:16 2:13,2:19, 3:13, comprised 18:20 11:9, 14:2,14:17, Business 3:15, 6:22, 3:15, 4:22, 6:4, 7:17, concerned 22:1 14:18, 15:14,16:5, 7:18, 7:22, 9:1, 9:14, 9:13,15:1, 15:2, condos 37:1 16:6, 36:19, 36:20, 9:16, 10:17, 10:23, 16:11, 17:16, 22:9, conform 7:5 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 47 June 13, 2006 confused 30:3 CROIS 2:10, 29:24 21:3 drive 24:16 connecting 33:16 crowded 35:13 Development 3:6, drugstore 27:15 consider 10:21, Crystal 23:11, 24:18, 3:7, 8:21, 11:2, drywall 10:17 38:12, 40:14 24:21, 25:3 12:10, 15:3, 16:20, Due 12:18 consists 3:19, 15:8 CSR 44:24 18:3, 18:8, 18:11, duly 44:6 constraints 12:19 cumulative 11:24 20:4, 21:20, 23:4, Duplex 15:4 construct 5:14 Currently 10:3, 39:5 24:20, 25:13, 28:23, consultants 22:16 custom 41:14 31:17, 31:24, 32:22, containing 15:3 34:14, 38:8, 38:10, <E> ".1 contains 44:14 40:4, 41:5, 41:23, earlier 38:9 continuing 38:1 <D> 42:4 earmark 32:24 contract 22:5 D- 796006 1:24 developments east 15:9, 24:8 contractor 39:1, dark 19:4 32:10, 32:18, 33:16, economic 30:24 40:22 darker 18:21 38:24, 41:10 Eight 7:8, 29:23, contractors 10:16, day 5:14, 5:23, 10:4, 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8:2, 9:9, 11:18 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 48 June 13, 2006 exiting 35:12 folks 39:8, 42:8 13:2 40:12, 41:22 expand 19:9 followed 25:9 guideline 18:17 identical 24:22 expandable 20:23, follows 4:23, 16:12, guys 41:6, 41:17 IDOT 34:22, 34:23 21:4, 21:5 17:17, 18:16, 19:18, Illinois 1:2, 1:10, expanding 23:19, 22:10, 31:5, 31:6 2:19, 3:22, 5:2, 23:21 food 26:3 <H> 15:12, 16:17, 44:1, expert 27:8 foot 7:7, 18:22, half 5:19, 18:4, 19:7, 44:9 explicitly 12:17 18:23, 18:23, 19:2, 20:7, 21:11, 24:24, Immanuel 15:9, extended 22:2 19:2, 24:2, 26:15, 29:24, 30:20 18:5, 19:22, 20:15 extension 19:21, 28:12, 28:15, 29:1, hand 44:17 in. 32:23 20:14 29:2, 29:6, 29:8, 30:6 handle 39:1 include 20:17, 30:14 extensive 19:5 foregoing 44:11, happen 9:7, 40:6 including 22:24 44:12 happened 25:2 income 26:22, 31:7 format 13:13 happy 31:12 Indiana 22:20 <F> forward 13:18, 32:1, heard 7:14, 11:5, indicated 5:4 F. 2:2 33:11 38:8 individual 9:24, facilities 33:2 four 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Moved 3:23, 4:1, 8:8, 8:17,10:2, LLC 14:24 mandate 40:13 14:1, 14:3, 15:13, 11:17,12:17, 12:24, local 10:16,10:20, market 24:14, 39:9 15:15, 42:18, 42:20 13:3,13:9, 13:12, 10:23, 11:2, 27:2, markets 24:21, MPI 14:23, 16:18, 13:14,14:20 27:4, 38:11, 38:15, 24:24 22:4, 33:6 38:21, 38:24, 39:12, MARTIN 17:4,17:15, multi - functional 40:8, 41:14, 41:15, 17:18,17:23, 28:4 34:5 <L> 42:9 matter 1:7 Lake 24:18, 24:19, localized 27:22 Meadowbrook 3:6 24:21, 24:22, 25:3, locally 11:6 mean 17:19, 33:24 <N> 25:5 located 3:20, 25:4, medical 27:23, name 4:24, 16:14, Land 17:5, 17:5, 26:5 27:24, 29:9 22:14, 40:9 22:4, 22:23, 24:1, locating 24:23 meet 35:2, 38:20, named 25:4 26:14 location 27:12 39:12 Naperville 16:16 lands 22:5 locations 34:24 MEETING 1:1, 1:6 National 3:12 landscaping 26:16 long 9:10, 24:16, mentioned 40:2 nature 38:6 large 8:23, 20:1, 36:20 met 16:23 necessarily 32:14 33:23, 38:8, 41:6, long -term 26:19 mic 17:22 need 17:1, 26:22, 41:23 look 20:5, 24:13, Mid -aux 18:10, 32:11, 35:5 larger 38:24, 41:10 24:17, 24:19, 24:20, 19:16 needed 37:23 LASALLE 44:3 25:12, 39:11, 40:1 middle 25:7 needs 26:19, 31:11 laser 17:24 looked 32:21 miles 24:24 neighbor 8:20, 9:1, last 41:19 looking 5:7, 5:9, MILLER 2:12,11:24, 9:2 latitude 40:21 6:14, 8:7,11:16, 12:5 neighborhood 19:20 law 5:2, 16:15 19:11, 21:9, 28:7, million 24:1, 26:14, neighborhoods Legion 3:21, 5:7 28:19, 29:2,29:12, 26:21, 28:17, 28:19, 21:16 LESLIE 2:4, 4:5, 4:6, 30:6, 30:12, 33:9, 30:6, 37:20 network 24:7 7:1, 7:3, 7:12,14:5, 37:19, 41:9, 41:23 MILSCHEWSKI networks 23:18 14:6,15:17, 15:18, looks 17:24 2:13, 4:3, 4:5, 4:7, new 10:19,11:19, Depo Court Reporting Service (630) 983 -0030 i Yorkville City Council 50 June 13, 2006 32:22 opening 39:23 29:18, 37:6, 37:7 POWELL 2:11 next 21:18 operate 10:4 percent 10:23, 28:6, practice 5:1 nice 32:18 operation 27:6 28:18, 29:16, 29:19, present 31:15 nine 24:1, 28:17, opinion 24:9 29:20, 30:11 presentation 31:19 29:16, 29:20 opportunity 39:12, percentage 29:15 President 22:15 No. 44:24 39:14, 41:15 period 5:22 pretty 18:16, 31:5 non -sales 29:10 opposed 6:18, 9:1 permanent 20:16 price 39:8 none 6:7, 32:3 option 10:7 petitioner 3:18, 4:19, Pricing 39:6 north 3:21, 5:15, order 35:3 14:24 prior 36:4 15:10, 15:11, 18:2, ordinance 13:4 petitioners 3:12, probably 12:20, 18:6, 18:7, 23:4, otherwise 31:18 5:14, 16:18 29:5, 29:11, 30:12 24:8, 26:6 outlots 12:13, 24:3, PHILIPCHUCK problem 42:11 northern 18:11, 28:13 16:10, 16:13, 16:14, PROCEEDINGS 1:6, 18:12, 18:20 overall 20:3, 20:4, 21:18, 27:1, 31:16, 43:15, 44:11, 44:15 notes 44:13 21:9, 25:12, 26:17, 32:20, 33:18, 33:22, process 36:16 nothing 3:5 30:23 34:21, 35:14, 30:15, product 20:19 notice 3:3 overlay 6:15 37:18, 38:16, 39:3, products 40:9 Number 7:8, 14:23, overview 17:6, 21:14 39:24 program 37:21 30:3, 38:3 ownership 22:23 piece 23:3 project 19:15, 31:9, numerous 19:14 places 7:19 36:13 Plan 7:22, 12:10, projects 22:19, <P> 17:8, 18:9, 18:14, 22:20 < O > P.M. 1:9 18:15, 18:16, 18:19, Property 3:19, 5:15, oath 44:7 Pam 3:11, 5:3 19:18, 19:19, 19:22, 7:10, 8:19, 10:13, Obviously 21:14, paper 3:5 19:24, 20:6, 20:12, 13:16, 15:8, 19:8, 26:5, 39:7 parcel 18:1, 18:6 21:10, 21:12, 21:17, 29:14 occasions 7:17 Pardon 12:24 21:23 provide 32:10, 38:14 occurred 9:20 Park 7:18, 19:6, Planned 15:3 provided 21:8 office 12:21, 27:23, 19:14, 20:22, 20:23, planner 17:5 Providing 20:13, 27:23, 28:8 21:2, 21:3, 21:4, plans 5:14, 10:10, 40:8, 40:11 office -type 12:15 21:7, 30:19 21:2, 25:14, 26:5 provision 37:19 offices 16:16 parking 26:16, players 25:4 provisions 17:6, often 41:9 37:10, 37:13 please 4:2, 14:4, 37:21 Ohio 22:20 parks 27:21, 31:8 15:16, 42:21 Public 3:2, 3:4, 3:10, Okay 17:18, 22:14, Part 9:8, 9:15, 17:8, Pledge 3:1 4:18, 5:8, 6:5, 13:24, 31:21 31:8, 36:13, 37:23 plus 24:3, 28:12 14:22, 16:8, 32:13, Old 3:12 partake 41:16, 42:4 pods 41:11 33:10, 34:1, 42:17, once 36:7 particular 8:18 poin 36:1 43:13, 43:16, 44:11, One 6:11, 7:7, 7:8, partner 16:14 point 5:11, 7:19, 44:15 7:9, 9:22, 12:13, Pasquinelli 31:17 8:15, 12:15, 25:15, pump 38:5 17:10, 24:11, 25:21, PAUL 2:3 33:19, 35:7, 35:22 purpose 3:10, 14:23 30:10, 31:3, 32:12, people 10:17, 10:17, pointer 17:24 put 11:22, 11:23, 34:1, 36:20, 41:4 10:18, 10:20, 10:23, police 30:14 34:2, 34:11, 38:17 One - family 3:16, 11:3, 23:14, 38:11, policy 38:13 puts 31:10 15:4 38:15, 39:5, 40:8, portion 5:19, 7:4, putting 34:19 open 19:3, 20:15, 41:21, 42:3 19:18 20:16, 20:18, 26:7, Per 19:19, 20:4, possibly 33:16 31:22 20:7, 21:11, 29:2, potential 19:7, 23:8 < Q > Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 51 June 13, 2006 quality 40:9 5:3, 16:17 42:21 seems 11:1 quantity 41:13 represents 19:1, roof 34:3 seen 16:19 question 6:3, 6:11, 20:21 room 23:7, 33:23, sell 10:6 8:1, 11:20, 23:6, request 3:13, 14:24 33:24 selling 9:24, 10:7 31:23, 36:20, 40:16 requesting 5:18, Rose 2:9, 32:20 semi - custom 41:14 questions 5:23, 6:9, 17:11, 37:17 Route 3:20, 5:6, 5:6, sense 26:12 31:13, 31:18, 32:4 require 38:18 15:10, 18:5, 20:2, separates 18:11 quick 27:14 required 8:3, 37:10 22:3, 25:3, 34:10, separation 35:1 quite 11:6, 24:16 requirements 26:16, 35:16 Service 3:15, 6:22, 34:22 running 5:17, 18:4, 9:1 requiring 39:17 18:10 service -type 12:21 <R> Reserve 40:3, 41:7 services 37:22, R -2 3:16, 5:20, 6:15, Residence 3:16, 40:11 7:13, 15:3, 15:4 7:10, 7:24, 8:3, 9:4, <S> set 7:21, 41:24, R -3 15:5 9:9, 9:10, 9:11, 15:4, Sable 18:10, 19:16 44:16 R -4 15:6, 36:22, 15:5, 15:6, 15:6 sad 11:1 seve 29:22 37:1, 37:1 residences 9:14, Safeway 26:4 ` Seven 8:8, 11:17, raise 33:18 27:7 sales 26:21, 28:10, 29:24, 30:8, 30:11 range 29:8 residential 5:20, 28:16, 28:17, 28:18, several 7:17 rarely 31:4 8:11, 8:13, 8:24, 28:19, 29:2, 29:3, sewer 37:22 rather 17:12 9:17, 9:23, 24:11, 29:13 sewers 38:5 rationale 7:9 24:12, 25:8, 26:2, sanitary 37:21, 38:5 shade 19:1 re- petition 7:13 28:23, 31:5, 31:6 sat 35:8 shades 20:22 real 3:19, 15:8, residents 17:3, saying 36:6 share 32:7 23:14, 23:16, 23:17, 32:15, 32:16 says 37:11, 44:7 SHINER 21:19, 22:8, 41:2 Response 6:6, 6:10, Schaumburg 25:18, 22:11, 22:14, 22:15, realistic 12:9 13:21, 32:2, 42:14 25:19 22:15, 28:5, 29:18, really 11:3, 23:13, restaurant 27:5 school 19:5, 19:8, 30:1 23:18, 24:7, 27:1, restaurants 28:9 19:11, 21:8, 21:8, shopping 26:3, 27:8 27:22, 31:10, 35:13 result 22:3 27:20, 30:8, 30:9, Shorthand 44:8, reaping 11:3 retail 12:6, 12:6, 30:16, 30:19, 31:8, 44:10, 44:13 reason 39:23 23:16, 23:17, 25:9, 35:12, 35:15, 36:3, show 7:21 reassembled 13:11 26:19, 26:23, 27:3, 36:7 showing 12:10, j reflected 5:11 27:23, 28:8, 28:12, schools 25:6, 25:7, 19:17, 19:20 regarding 5:23, 31:5, 31:6 25:7, 25:8, 29:20 shown 19:3, 19:21, 5:24, 6:4 retailers 23:5, 23:19 Second 3:12, 3:24, 19:24 regional 25:16, revenue 29:4 7:14, 14:2, 15:14, shows 18:21 25:17, 31:2 rezone 3:14, 15:1 23:7, 24:9, 26:7, side 5:6, 5:15, 5:16, regular 32:14 Road 1:9, 3:21, 3:21, 42:19 8:19, 32:17 remember 8:6, 33:6, 5:7, 10:12, 15:9, seconded 4:2, 14:4, signalization 36:5 37:8 15:10, 15:11, 18:2, 15:16, 42:21 signals 35:1, 35:3 remembered 36:22 18:4, 18:5, 18:6, section 18:12, 41:24 similar 25:10, 30:17, remembering 41:20 18:7, 19:21, 20:14, sections 41:11, 40:5 repeat 34:15, 34:16 22:3, 27:1, 31:3 41:24 single 37:10, 41:13 REPORT 1:6 roads 34:12, 34:19, secure 39:15 single - family 5:20 reported 44:10 35:11 Seeing 32:3, 34:13, sit 23:10 Reporter 44:8 roadways 35:7 36:22 site 5:10, 12:18, representing 4:19, roll 4:2, 14:4, 15:16, seeking 5:5 19:8, 19:9, 19:10, Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 52 June 13, 2006 20:14, 20:21, 20:24, 37:17 terms 12:8, 21:15, true 44:12 21:4, 21:8, 22:24, Staff 16:23, 38:2 22:24, 24:14, 24:23, Trust 3:12 23:23, 28:2, 28:11, standards 35:1, 39:4 28:10, 30:18, 40:13, try 34:19, 38:9 30:21, 30:22, 33:20, start 23:2 40:18 trying 22:1, 26:11 35:15, 36:1 started 17:23, 33:8 testified 4:22, 16:11, Two 3:2, 6:19, 6:20, sites 19:14, 20:22, starts 8:10 17:16, 22:9 18:9, 20:7, 21:10, 21:3, 22:23 State 5:2, 44:1, 44:8 themselves 10:1, 24:23, 26:17, 30:7 sitting 25:24 station 13:5, 20:14, 10:9 Two - family 15:5 situation 25:10 33:20 thinking 9:22 type 12:7, 24:14 Six 11:18 stations 38:5 three 20:22, 24:24 types 21:21 size 26:12, 28:15 stay 17:20 throughout 19:14, typical 28:6 Small 18:6, 19:20, step 23:15 22:17, 32:13 typically 29:7 31:16 stoplights 34:11 throw 10:15 smaller 30:22, storage 38:4 timing 36:2 41:13, 42:3 store 23:7, 24:9, Today 23:6, 23:18, <U> sold 41:12, 42:1 26:3, 26:7, 40:20 23:20, 24:16, 25:24, ultimate 25:14 solution 37:24 stores 24:23 28:14, 28:20, 30:23 ultimately 23:7, solve 42:11 Street 5:17, 16:16, together 31:10 24:4, 25:22 someone 4:18 27:20 Tom 31:16 understand 3:3, somewhat 8:17 strictly 13:3 tonight 5:3, 5:8, 38:21 somewhere 29:8, structure 11:18 5:22, 6:1, 7:6 understanding 6:24 29:12 study 36:12, 36:16 tossing 10:24 Unit 15:3, 37:11 sorry 30:19 subdivision 35:10 Total 11:18, 20:2, United 1:2, 2:18, South 3:21, 5:6, subdivisions 8:23 29:17 3:13, 3:15, 15:1, 15:2 5:16, 8:19, 14:23, subjected 34:22 touch 21:21 units 20:4, 20:7, 15:10, 15:11, 18:4, suburban 18:13, town 19:12, 32:13, 21:11, 37:5 18:14, 19:12, 20:20, 18:13, 19:15, 20:6, 32:17 until 9:18 25:6 20:9 Township 3:22, updating 36:17 southern 8:21, 18:3, suggesting 17:7 15:12 user 21:21 37:22 suggestion 38:9 track 38:17 users 23:8 space 12:7, 19:3, support 26:23 trade 38:19 uses 12:16, 27:24, 20:15, 20:16, 37:10, suspect 27:24 trades 10:18 28:9, 29:10 37:13 sworn 22:12, 44:7 tradesmen 38:21 using 10:11, 10:20, spaces 20:18 system 19:14, 20:15 tradesperson 42:9 39:5 SPEARS 2:9, 4:13, traffic 35:5, 35:6, 4:14, 11:11, 14:13, 35:23, 36:15 14:14, 16:1, 16:2, <T> trail 19:14, 19:17, <V> 32:5, 32:6, 33:4, Target 23:22, 25:19, 19:18 Valerie 2:5, 37:24 33:15, 33:21, 34:6, 25:20 transcript 44:13 various 20:22, 43:4, 43:5 tax 28:10, 28:18, transition 20:5, 20:8 21:15, 22:23, 23:19, special 12:12, 13:6 29:4, 29:10, 30:2, transitional 18:15, 24:3 specifics 21:15 30:7 19:16, 20:20 versus 21:10 square 7:6, 18:21, taxes 28:20, 29:13, Travis 2:12, 11:21, vision 32:7 18:23, 19:1, 24:1, 29:14 12:21 VITOSH 1:8,44:6, 26:14, 28:15, 29:1, ten 10:11, 10:23, treatment 38:4 44:23 29:2, 29:8, 30:5 20:23 tremendous 30:24 volume 39:1 ss 44:2 tenants 23:20, 24:7, tried 41:7 SSA 11:13, 37:16, 24:10, 25:23 trigger 8:9, 8:12 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 53 June 13, 2006 <W> Writing 10:21, 39:16, Wal -mart 12:6, 23:21 40:14 Walker 15:11, 18:4, written 38:13 20:20, 26:1 WYETH 2:17, 8:5, wanted 7:13, 30:3 8:9 wants 21:20 warrant 36:5 warrants 35:2 <Y> Water 16:16, 37:21 year 30:9, 30:13 wells 38:4 years 8:8, 9:13, Wendy 17:24 10:11, 22:23, 23:11, West 5:6, 8:18, 28:22, 31:2 15:10, 16:15, 18:5, yellow 18:21, 18:22, 19:9, 21:5 19:1 whatever 41:11 Yorkville 1:2, 1:10, Wheeler 19:21, 2:19, 3:13, 3:15, 20:14, 35:20 4:22, 7:18, 8:22, WHEREOF 44:16 9:13, 14:24,15:1, WHEREUPON 4:20, 15:3,16:11, 17:16, 16:9, 17:14, 22:7 22:9, 31:7, 32:7, wherever 35:14 32:11, 39:22 whether 26:4, 26:6 whole 10:6 wide 18:24,19:2 <Z> will 8:11, 8:12, 9:23, zone 5:19, 12:1 10:1, 10:23,13:17, zoned 9:14 22:6, 23:12, 27:4, zoning 5:10, 6:15, 27:5, 29:14, 31:1, 6:19, 6:20, 8:3, 8:10, 36:12 9:14, 17:12 WILLIAM 2:11 WITNESS 44:16 WOLFER 2:6,4:7, < Dates > 1 !, 4:8, 11:20, 12:3, june 13, 2006 1:8, 12:23,13:1, 14:7, 1:8,1:8 14:8, 15:19, 15:20, 35:8, 35:17, 35:22, 36:9, 42:22, 42:23 ' wondering 9:21, 10:21 work 8:15, 17:1, 19:5, 33:12, 34:5, 34:23, 38:1, 40:9, 40:17 worked 21:1, 21:7, 22:22, 41:18 working 39:21 workmanship 39:4 works 41:8 Depo Court Reporting Service (630) 983 -0030