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City Council Minutes 2006 07-11-06 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, JULY 11, 2006. Mayor Prochaska called the meeting to order at 7:25 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 Absent Wolfer Absent Ward III Bock Present Munns Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Chief M artin, Director of Park & Recreation Mogel, Community Development Director Miller, Finance Director Mika and Director of Public Works Dhuse. QUORUM 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 Mayor Prochaska noted that item #10 — Raymond Regional Stormwater Management Facility Agreement under the Economic Development Committee Report will be postponed until the next City Council meeting. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, August 15, 2006 City of Yorkville Conference Room Economic Development Committee 7:00 P.M., Thursday, July 27, 2006 City of Yorkville Conference Room Committee of the Whole 7:00 P.M., Tuesday, August 15, 2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, August 1, 2006 City of Yorkville Conference Room i Public Safety Committee 6:30 p.m., Thursday, July 13, 2006 City of Yorkville Conference Room l Committee of the Whole 7:00 P.M., Tuesday, August 1, 2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PUBLIC HEARINGS Richard Marker Associates, Inc. Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Richard Marker Associates, Inc.; Oakbrook Bank, as Trustees under the Provisions of a certain trust agreement dated the 13` of September, 2005, and known as Trust 43405; John Robert n L. Ament Trustees under the Louise Marie Ament Testamen Trust created Ament and Steve tam' I I Minutes of the Regular Meeting of the Citv Council — July 11. 2006 — aaEe 2 by will dated November 9, 1978, J. Robert Ament and Jack C. Weis, Trustees under the J. Robert Ament Charitable Remainder Trust dated November 3, 2005, John Robert Ament and Jack C. Weis, Trustees under John Robert Ament Living Trust dated October 19, 2005 and Ament I L.L.C., a Wyoming Limited Liability Company c/o John Robert Ament; DBRNC, L.P. an Illinois Limited Partnership; Robert J. Murst and Lori L. Murst; Ann Marie Sassaman, Jean Erna Ingemunson, Christopher Gabel, Karrie Rudd and Jamie Gabel., petitioners, 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, B -3 Service Business District Planned Unit Development and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 514 acres east of Route 47 and south of Ament Road in Kendall County, Illinois. So moved by Alderman James; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -5 Nays -0 Leslie -aye, James -aye, Munns -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 Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -0 Leslie -aye, James -aye, Munns -aye, Spears -aye, Bock -aye Bristol Ridge, LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Bristol Ridge, LLC, and Standard Bank and Trust Co. No. 18745, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville containing One- Family Residence District, R -3 General Residence District and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 190 acres east and west of Cannonball Road approximately one - quarter mile south of Galena Road in Kendall County, Illinois. So moved by Alderman Bock; seconded by Alderman James. Motion approved by a roll call vote. Ayes -5 Nays -0 James -aye, Leslie -aye Munns -aye, Bock -aye, Spears -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 Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -0 James -aye, Leslie -aye, Munns -aye, Bock -aye, Spears -aye PRESENTATIONS O'Keefe Property — Concept Plan (PC 2006 -37) John Phillipchuck, attorney for the O'Keefe Family Partnership, addressed the City Council. He reported that the O'Keefe family owns approximately 140 acres south of Galena Road and east of Route 47. As part the proposal, they are asking to annex the entire parcel to the United City of Yorkville with B -3 Service Business District zoning. They are not prosing any residential zoning as part of the request. They are planning on a four lot subdivision of the property and they have a contract purchaser on two of the lots who is prosinga family recreational center. The center will be a water park consisting of approximately 42 acres. The park will operate from Memorial Day through Labor Day from 10:00 a.m. to 7:00 p.m. The estimated daily attendance is 3000. Attractions included in the water park will be an area for very young children, a lazy river, wave pool, water slides, etc. Two Emergency Medical Technicians (EMTs) will be present during operating hours and there will be private security. Access to the park will be off of Route 47 with parking for 750 vehicles with sites for future parking areas if needed. The pools will be filled in May in off -peak hours. They anticipate that the water usage will be that of approximately 34 single - family homes. The balance of the property could be used for retail or other recreational uses. The developer would like to open Memorial Day, 2007. The floor was open to the City Council for questions and concerns. i The Minutes of the Regular Meeting of the Citv Council — July 11, 2006 — page 3 Alderman James asked how close homes will be to the facility and Attorney Phillipchuck explained that the nearest homes are the Centex homes to the east and there will be a buffer area of green space and parking between them and the park. The wave pool would be the closest to the residential area. Alderman James suggested putting the noisiest, most popular attraction away from the homes and closer to the open space. Alderman Bock asked what the entrance fee would be and if any consideration was given to providing a reduced fee for Yorkville residents. Attorney Phillipchuck explained that there will be one entrance fee and a discount is under discussion_ Alderman Munns commented that businesses were needed in order to get Route 47 widened. Also, the water park will create jobs and help Yorkville's economy. Alderman Spears agreed that while the park will have an impact on the traffic on Route 47, without it the City will not get funds to widen Route 47. She also commented that this is a good thing for the youth of Yorkville as there is very little for them to do in the community. Mayor Prochaska commented that the City investigated a municipally funded water park and the estimated cost was $5 million. He stated that it was an opportunity to have a private entity fund a facility. He also noted that the park is located in the area of Route 47 where the City is investigating private /public partnership to get it widened. He stated that he has heard the comment that the City should not plan anything until the road is widened however he has had discussions with MOT in the past regarding the widening of Route 34 from Route 47 to Eldamain Road. IDOT told him at the time it was not in their plan. He questioned why this was so and they told him that Yorkville was not developing in that area. He stated that if something like this water park is planned, it will call the need for widening Route 47 to the attention of ]DOT. There was no further discussion on this item. Prairie Point — Concept Plan (PC 2006 -50) Pete Hinker with Smith Engineering, on behalf of developer, presented a concept plan for a proposed four lot subdivisions on 11 %2 acres east of McHugh Road and north of Countryside - Parkway. Smith Engineering plans to have a building built on one of the proposed lots. The lots will have a private access drive that will connect to McHugh Road and the property will border the Post Office. He opened the floor for questions. Alderman Bock noted that the depiction indicates a banquet facility and a hotel. He asked if these facilities have been identified. Mr. Hinker stated that there have been talks with different entities however there is no letter of intent. ro Alderman James asked how many stones the p osed hotel would have and Mr. Hinker stated p that this would be determined when a user comes in. When this is determined, it will come before the City Council. Mayor Prochaska confirmed that there is interest in the hotel site and he questioned if part of the property would need to be rezoned. Mr. Hinker stated that the property is annexed and part of it is zoned B -3 and part is R -2. The R -2 portion will need to be rezoned to B -3. There was no further discussion on this item. I CITIZEN COMMENTS None. CONSENT AGENDA None. 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 June 27, 2006 and the Committee of the Whole meeting of May 16, 2006; seconded by Alderman Bock. 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 30, 2006 totaling the following amounts: checks in the amount of The Minutes of the Regular Meeting of the City Council — July 11, 2006 — nage 4 $24,949.45 (vendors — FY 05/06); $1,634,661.80 (vendors — FY 06/07); 193,892.38 (payroll period ending 6/24/06); for a total of $1,853,503.63; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -0 James -aye, Spears -aye, Bock -aye, Leslie -aye, Prochaska -aye Note: Alderman Munns was absent from the room during the vote. REPORTS 'MAYOR'S REPORT Overnight Parking Survey This item was discussed at the Committee of the Whole meeting that was held prior to the City Council meeting and no finther discussion was necessary. 2006 Misc. Bituminous Paving — Bid Results (PW 2006 -127) Mayor Prochaska entertained a motion to award the 2006 Miscellaneous Bituminous Paving Contract in the sum of $87,113.45 to Meyer Paving, Inc., as presented, subject to staff comments and legal review. So moved by Alderman Munns; seconded by Alderman James. Motion approved by a roll call vote. Ayes -5 Nays -0 Munns -aye, Spears -aye, Bock -aye, Leslie -aye, James -aye Ordinance 2006 -61 Approving Variances for Side Yard Setback & Accessory Structures for 504 South Bridge Street Speedway Super America (ZBA 2006 -39) Mayor Prochaska entertained a motion to approve an ordinance granting variances for 504 So. Bridge Street, as present, subject to legal review. So moved by Alderman James; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -0 Spears -aye, Bock -aye, Leslie -aye, James -aye, Munns -aye CITY COUNCIL REPORT Implementation of Governing Ordinance This item was discussed at the Committee of the Whole meeting that was held pri or to the City Council meeting and no further discussion was necessary. 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 Finance Director Mika will be discussing the sale of the Library bonds in her report however in regards to the bonds; the United City of Yorkville's bond rating has increased. FINANCE DIRECTOR'S REPORT Director Mika reported that bids for the Library Bonds were received today. Attorney Wyeth explained that this item was not on the agenda for consideration however the bond purchaser is looking for an indication from the City Council that the bid will be accepted. The City Council can vote on the acceptance of the bid subject to ratification at the next City Council meeting. Barb Chevalier from Speer Financial addressed the Council and reported that bids were received today for the $1,500,000.00 General Obligation Library Bonds. Three bids were received and it is Speer Financial's opinion that the bid off Wachovia Securities, LLC is the best bid and should be accepted. Wachovia's interest rate is 4.5214 %. Ms. Chevalier reiterated that the City's rating was upgraded by Standard & Poor's AAA from A- and she indicated that this was a very good sale. The Minutes of the Regular Meeting of the Citv Council — July 11, 2006 — Va2e 5 Mayor Prochaska entertained a motion to accept Wachovia Securities, LLC, Richmond, VA as the low bidder for the $1.5 million Library Bonds at an interest rate of 4.5214% subject to ratification vote at the July 25, 2006 City Council meeting. So moved by Alderman Leslie; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes -5 Nays -0 Spears -aye, Bock -aye, Leslie -aye, James -aye, Munns -aye DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Galena Road watermain was scheduled for completion towards the end of the month. Also, the Rob Roy Creek Interceptor is in its final stages and once it is operational, two lift stations can be taken out of service. He noted that when the ComEd interceptor is finished another lift station will be eliminated. CHIEF OF POLICE'S REPORT Chief Martin reported that one of the police officers was involved in a car accident caused by a vehicle that went through a red light. The officer is doing fine however the vehicle did not fare as well and will need to be replaced. A new squad has been ordered and some of the equipment from the old squad can be used in the new one. Any equipment not functioning due to the accident will be replaced by the insurance company. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that he spent his first Fourth of July in Yorkville and thanked the Bristol - Kendall Fire Department for their sponsorship of the event as it drew a great crowd in the park. I Mayor Prochaska also thanked the BKFD and the American Legion Big Band who played throughout the firework event. He also thanked the City staff for their efforts with the event. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Mayor Prochaska reported for Mrs. Spies who was not in attendance. He noted that one of the alderman's contact information was not on the website. He asked the City Council to check the website and if the information was not on it or if it is incorrect to please contact Mrs. Spies. Alderman Spears noted that the information presented on the cable station often has misspelled words. She asked if things could be proof read. Mayor Prochaska asked Alderman Spears to notify Mrs. Spies with any corrections she noticed. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2006 -58 Approving the Final Plat of Subdivision Villas at the Preserve (PC 2006 -21) A motion was made by Alderman Munns to approve a resolution approving the final plat of subdivision for Villas at the Preserve subject to staff comments, final engineering approval comments and legal review; seconded by Alderman Spears. i Motion approved by a roll call vote. Ayes -5 Nays -0 Spears -aye, Bock -aye, Leslie -aye, James -aye, Munns -aye Ordinance 2006 -62 Kleinwachter Authorizing the Execution of the Annexation Agreement (PC 2005 -52) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Old Second Bank Trust 48051 for property commonly known as the Kleinwachter Property, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Bock. i The Minutes of the Regular Meeting of the Citv Council — July 11, 2006 — page 6 Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Munns -aye, Spears -aye, Bock -aye, Leslie -aye, Prochaska -aye Ordinance 2006 -63 Kleinwachter - Annexation (PC 2005 -52) A motion was made by Alderman Munns to approve an ordinance annexing territory commonly_ known as the Kleinwachter Property, in furtherance of an Annexation Agreement with Old Second Bank Trust #8051, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Spears. i Motion approved by a roll call vote. Ayes -5 Nays -0 Bock -aye, Leslie -aye, James -aye Munns -aye, Spears -aye Ordinance 2006 -63 Kleinwachter - Rezone (PC 2005 -52) A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement with Old Second Bank Trust 48051 (commonly known as the Kleinwachter Property), as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -5 Nays -0 Leslie -aye, James -aye Munns -aye, Spears -aye, Bock -aye Building Permit Report for May 2006 (EDC 2006 -15) A motion was made by Alderman Munns to approve the Building Permit Report for May 2006; seconded by Alderman James. Motion approved by a roll call vote. Ayes -5 Nays -0 Leslie -aye, James -aye Munns -aye, Spears -aye, Bock -aye Matlock Property — hh Mile Review (PC 2006 -27) A motion was made by Alderman Munns to approve the area commonly known as the Matlock Development, a county development, under the City's 1% Mile review authority; subject to an agreement to annex to the City upon contiguity; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -0 James -aye, Munns -aye, Spears -aye, Bock -aye, Leslie -aye Ordinance 2006 -63 Hudson Lakes - Annexation (PC 2005 -52) A motion was made by Alderman Munns 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 Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye Resolutions 2006 -59, 2006 -60, 2006 -61, 2006 -62 Approving the Preliminary and Final Plat of Subdivision Grande Reserve Unit 17, Unit 21, Unit 23, Unit 24 (EDC 2006 -15, EDC 2006 -28, EDC 2006 -29 & EDC 2006 -30) A motion was made by Alderman Munns to approve - the Preliminary and Final Plats for Grande Reserve Unit 17, Unit 21, Unit 23 and Unit 24, all as presented subject to staff comments and legal review; seconded by Alderman James. Mayor Prochaska noted he needed to vote on this item and Alderman James questioned why. Mayor Prochaska explained that a supermajority vote was needed because the Plan Commission had a negative recommendation on Unit 17. Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Mums -aye, Spears -aye, Bock -aye, Leslie -aye, Prochaska -aye i PUBLIC SAFETY COMMITTEE REPORT No report. i The Minutes of the Reeular Meeting of the Citv Council — July 11. 2006 — page 7 ADMINISTRATION COMMITTEE REPORT, No report. ADDITIONAL BUSINESS None. ADJOURNMENT - _ Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I II I I I r COMMITTEE OF THE WHOLE & CITY COUNCIL MEETING July 11, 2006 PLEASE PRINT NAME: ADDRESS: I Fte`L • r rL '4 % pi e -trs LAIPAJ 6; A %f'✓► 5 �ANrvF �-- 31 1 S • / � � c. �c .e,— C�.., : c o ( L C � 1 +• � C h �(O N1 � r � S �Y c� I • �...� GC' Y1 �.. J i a ' l }Cep ho c4 Yo kv ►`I!e �octx, f � fi. SIGNIN I COMMITTEE OF THE WHOLE CITY COUNCIL MEETING July 11, 2006 PLEASE PRINT NAME: ADDRESS: l s Y 45V S I _ 1 O kOc(A Nc d.ccc o, 160607- 1 ( C . � c %a-w- IP ni U �� ; r � r 04- fs ro -j !13 `/1 S 14ar ltrti Ti ►n �tr I "a� 1� zo f { i 'l 1 � l � mss, c o s lope po t Lfl SIGNIN COMMITTEE OF THE WHOLE CITY COUNCIL MEETING July 11, 2006 PLEASE PRINT NAN IE: ADDRESS: At- � / `, ll h4 0 W4 v q lcl-- IL4 I,' Hy �3S PLO, ti�� coo ?-� , k" ��wac�ak 6a�t� y lat Rb)oml�ck, ���r aril a3 W `� �f p le+ c�os'f i 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 July 11, 2006, at i the hour of 7:00 p.m., at 800 Game Farm Road in s the City of Yorkville, Illinois. i i f x. REPO • COURT reporting service 1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 Fax 630 - 299 -5153 www.depocourt.com 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MR. MARTY MUNNS, Alderman; 6 MR. JAMES BOCK, Alderman; 7 MS. ROSE ANN SPEARS, Alderman; i 8 MR. JOHN CROIS, City Administrator; A 9 MS. JACQUELYN MILSCHEWSKI, City Clerk. 10 11 A P P E A R A N C E S: 12 MR. JOHN JUSTIN WYETH, Counsel, 13 appeared on behalf of the United City of Yorkville, Illinois. 14 15 - - - - - 16 17 18 19 20 i 21 22 23 I 24 Depo Court Reporting Service (630) 983 -0030 i 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: I would entertain 3 a motion to go into public hearing for the 4 purpose of discussing the Richard Marker 5 Associates, Inc.; Oak Brook Bank, as Trustee 6 under the provisions of a certain trust agreement 7 dated the 13th of September, 2005, and known as 8 trust number 3405; John Robert Ardent and 9 Steven L. Ament, Trustees under the Louise Marie 10 Ament Testamentary Trust created by will dated 11 November 9, 1978, J. Robert Ament and Jack C. 12 Weis, Trustees, under the J. Robert Ament 13 Charitable Remainder Trust dated November 3, 14 2005, John Robert Ament and Jack C. Weis, 15 Trustees under the John Robert Ament Living Trust 16 dated October 19, 2005, and Ament I, Limited 17 Liability Company, a Wyoming Limited Liability 18 Company, in care of John Robert Ament; DBRNC, an 19 Illinois Limited Partnership, Robert J. Murst and 20 Lori L. Murst, Ann Marie Sassaman, Jean Erna 21 Ingemunson, Christopher Gabel, Karrie Rudd, and 22 Jamie Gabel, petitioners, request to annex to the 23 United City of Yorkville and rezone from Kendall 24 County A -1 Agricultural to United City of Depo Court Reporting Service (630) 983 -0030 4 1 Yorkville Planned Unit Development containing R -2 2 One - Family Residence District, B -3 Service 3 Business District Planned Unit Development, and 4 for hearing as to the annexation agreement of the 5 petitioner. 6 The real property consists of 7 approximately 514 acres east of Route 47 and 8 south of Ament Road in Kendall County, Illinois. 9 MR. JAMES: So moved. 10 MR. MUNNS: Second. You are also 11 over your five - minute time limit. 12 MAYOR PROCHASKA: That's part of i 13 doing this. Okay. We have a motion and second. 14 May we have roll call, please? 15 MS. MILSCHEWSKI: Leslie. 16 MR. LESLIE: Aye. i 17 MS. MILSCHEWSKI: James. 18 MR. JAMES: Aye. 19 MS. MILSCHEWSKI: Munns. 20 MR. MUNNS: Aye. 21 MS. MILSCHEWSKI: Spears. 22 MS. SPEARS: Aye. 23 MS. MILSCHEWSKI: Bock. 24 MR. BOCK: Aye. Depo Court Reporting Service (630) 983 -0030 5 1 MAYOR PROCHASKA: Motion is carried. 2 We are now in public hearing. And if you are 3 representing the petitioners, please come forward 4 and state your name for the record. 5 WHEREUPON: 6 JOHN PHILIPCHUCK, i 7 testified before the Yorkville City Council as 8 follows: 9 MR. PHILIPCHUCK: Good evening. My 10 name is John Philipchuck. I am an attorney with 11 offices at 123 Water Street, Naperville, I 12 Illinois, representing Richard Marker Associates, 13 the applicant. 14 The mayor read the list of the 15 owners of the property. We are petitioning to 16 enter into an annexation agreement with the 17 United City of Yorkville for the approximately 18 514 acres south of Ament Road and east of 19 Illinois Route 47 on both sides of Penman. 20 Previously the city has entered 21 into an annexation agreement with Montalbano 22 Homes on the property that lies to the northeast I 23 of the subject property. 24 As mentioned in our Depo Court Reporting Service (630) 983 -0030 i 6 1 application, the annexation agreement covers the 2 zoning of the residential portion, R -2 Planned 3 Development. The portions along Illinois 4 Route 47 consist of B -3. 5 We have various types of uses 6 proposed in our agreement, such as a clubhouse 7 facility would be located there. i 8 We have asked to be permitted i 9 to have some various other uses, such as gasoline j 10 service stations as additional permitted uses, i 11 drive -up banking facilities, packaged liquor, day 12 care, nursery and preschool. 13 So we have submitted pretty 14 much the standard annexation agreement for 15 consideration by the City Council. 16 The plan has been before the 17 Plan Commission, we've been before the Park 18 Board. 19 As you can see, there is an 20 extensive amount of open space within this 21 particular development, 27 percent of the land 22 area is in open space. It's over 139 acres of 23 property. 24 We have a school site about -- Depo Court Reporting Service (630) 983 -0030 1 slightly under 20 acres proposed in conjunction. 2 Wheeler Road, the city has 3 planned for the extension of that particular 4 roadway. We have accommodated that in the plan. 5 Since we were before you with a 6 concept plan, we have gone back and we have added I 7 some street connections at various locations to 8 facilitate emergency access between 9 neighborhoods, but as you can see, it's a very 10 pedestrian oriented and friendly environment with i i 11 various pathways that would be located in the 12 rear of the lots all connected. 13 We have over seven miles of 14 trails within the subdivision. So, in addition, 15 there will be some public parks located within 16 three locations within the development. 17 So with that, I suppose we can 18 answer questions or see if there are any public 19 comments about the annexation agreement. 20 MAYOR PROCHASKA: I would open the 21 floor at this time to anyone that would like to 22 address the Council and make testimony or ask 23 questions about this particular development. 24 (No Response) Depo Court Reporting Service (630) 983 -0030 I 8 1 MAYOR PROCHASKA: Hearing none, I 2 would ask are there any comments or questions 3 from Council at this time. Mr. Munns? 4 MR. MUNNS: No. 5 MAYOR PROCHASKA: Alderman Spears? i 6 MS. SPEARS: I have just been seeing I 7 a lot of lots that are 10,000 square feet, 8 10,200, quite a few lots that I don't really i 9 think are backing up to green space. 10 MAYOR PROCHASKA: Okay. Are they 11 backing up -- 12 MS. SPEARS: A lot of smaller lots. 13 MR. PHILIPCHUCK: The majority of 14 lots that are in that lot range do back up to 15 open space areas. 16 There may be some that are not, 17 but our average lot size is almost 11,000 square 18 feet, but our minimum is 10,000 square feet. Our 19 typical lot dimensions are like 80 by 150, Rose. 20 The density is 1.84 dwelling i 21 units per acre, so it's well within the suburban 22 range. For instance, the Montalbano development 23 was approved at 1.9 unit per acre, so it's 24 slightly under the density that had previously Depo Court Reporting Service (630) 983 --0030 9 1 been approved for the Montalbano development. 2 MR. MUNNS: John, follow up to that, 150 times 80 is 12 000. Did you say our average 3 Y Y e Y g 4 is 12 or -- I 5 MR. PHILIPCHUCK: It's typical on 6 some of the lots that don't back up to open 7 space, but if you wanted to calculate those open 8 space areas into the lots, which;we obviously 9 didn't do, then I think you would be into that I 10 range, Marty. 11 MAYOR PROCHASKA: Anyone else? 12 (No Response) I 13 MAYOR PROCHASKA: I notice on this I 14 it doesn't show up, but there's been some 15 discussion about a piece of property to the north I� 16 that's adjacent to the water tower that would be 17 sent to the city for a possible public works 18 facility there up there. 19 MR. PHILIPCHUCK: This is a 20 location -- Yes, you are correct, that's been 21 identified as a possibility. 22 As you know, there are some 23 other developments that have been planned for the 24 area. There have been some discussions. Depo Court Reporting Service (630) 983 -0030 i 10 1 I think ultimately the city 2 will decide which site works best for your 3 overall ease for ingress and egress, et cetera, 4 timing for coming online. 5 We would anticipate, if need 6 be, we could be self - sufficient with our 7 development, and so that may mean that there 8 would be a need for a well and a;stand pipe on 9 the subject property as well as a temporary pump 10 station with off -site easements to be able to 11 discharge to a gravity sanitary sewer, but that 12 location, as you mentioned, Mayor, would be -- 13 would be workable. I 14 MAYOR PROCHASKA: In addition -- 15 MR. CROIS: There have been some 16 discussions at staff for additional land there 17 for the city for some well and some public works 18 facilities. It was discussed with the Markers. 19 And in terms of the timing when 20 this plan was coming to Plan Commission and to 21 the board, and in terms of some additional 22 discussions and negotiations needing to be gone 23 over, it was suggested that they come forward 24 with this plan because this was what was Depo Court Reporting Service (630) 983 -0030 i 11 � 1 presented to the Plan Commission, and those other 2 discussions would be on that, so there are still 3 discussions. i 4 I don't know what you are 5 talking about, but due to timing it was felt that 6 this would be the best plan to bring forward and I 7 not to show that at that point in time because of 8 the fact that it would be something a little 9 different than what the Plan Commission had seen 10 and there needs to be some more discussion 11 between staff and the Markers in terms of 12 finalizing that area. 13 MAYOR PROCHASKA: But it has been 14 discussed and talked about. 15 MR. CROIS: It has been discussed 16 and -- 17 MAYOR PROCHASKA: The city has 18 talked about having land there. 19 MR. CROIS: It has been discussed 20 and the Markers have submitted to us some I 21 drawings and some plans as to what they would 22 suggest as possible siting for that site. 23 It was just that the timing was 24 not right really to bring that forward to the Depo Court Reporting Service (630) 983 - -0030 12 1 Plan Commission at that time. 2 MAYOR PROCHASKA: I just wanted to 3 point out that that has been a part of discussion a 4 and that was in the interest of the city 5 somewhere down the road. 6 When someone asks when did we 7 first talk about it, right here at this public 8 hearing. 9 MR. PHILIPCHUCK: There is language 10 in the annexation agreement that addresses the 11 issue. 12 MAYOR PROCHASKA: Okay. Alderman -- I 13 Yes. i 14 MR. JAMES: The commercial property, 15 that's going to have access from north to south 16 with some kind of frontage road; is that right? 17 MR. PHILIPCHUCK: As you are aware, 18 the Route -- we don't front directly on Route 47. 19 Commonwealth Edison owns that right -of -way that 20 they will have in along Route 47. 21 We would need easements to 22 cross their property to get to Route 47, that we 23 will have to negotiate with them, but we are 24 providing in development as we final plan and Depo Court Reporting Service (630) 983 -0030 I 13 1 plat that there will be like an access drive that 2 will run through all of the commercial properties S 3 so that you will be able to go from one to the i 4 other without coming out on Route 47. 5 MR. JAMES: That was my answer. i 6 MR. PHILIPCHUCK: And then the 7 family had asked that we make sure that there be 8 a point that they can gain access through our 9 site also, and we have shown that that is a 10 potential public street in that location. 11 MAYOR PROCHASKA: Anyone else? 12 (No Response) i 13 MAYOR PROCHASKA: Hearing no further 14 comment, I would entertain a motion to close the 15 public hearing. 16 MR. MUNNS: So moved. 17 MS. SPEARS: Seconded. 18 MAYOR PROCHASKA: Moved and 19 seconded. May I have roll call, please? 20 MS. MILSCHEWSKI: Leslie. 21 MR. LESLIE: Aye. 22 MS. MILSCHEWSKI: James. 23 MR. JAMES: Aye. 24 MS. MILSCHEWSKI: Munns. Depo Court Reporting Service (630) 983 -0030 14 1 MR. MUNNS: Aye. 2 MS. MILSCHEWSKI: Spears. 3 MS. SPEARS: Aye. 4 MS. MILSCHEWSKI: Bock. 5 MR. BOCK: Aye. 6 MAYOR PROCHASKA: Motion is carried. 7 Moving on, next public hearing is for the Bristol 8 Ridge, LLC, and Standard Bank. 9 I would entertain a motion to 10 go into public hearing to discuss the Bristol 11 Ridge, LLC, Standard Bank & Trust Company 12 No. 18745, petitioners, request to annex to the 13 United City of Yorkville and rezone from Kendall j i 14 County A -1 Agricultural to United City of 15 Yorkville containing R -2 One - Family Residence 16 District, R -3 General Residence District, and for 17 hearing as to the annexation agreement of 18 petitioner. 19 The real property consists of 20 approximately 190 acres east and west of 21 Cannonball Trail approximately one - quarter mile 22 south of Galena Road in Kendall County, Illinois. i 23 MR. BOCK: So moved. 24 MAYOR PROCHASKA: Moved. Depo Court Reporting Service (630) 983 -0030 I 15 1 MR. JAMES: Second. 2 MAYOR PROCHASKA: And seconded. May 3 I have roll call, please? 4 MS. MILSCHEWSKI: James. 5 MR. JAMES: Aye. 6 MS. MILSCHEWSKI: Leslie. 7 MR. LESLIE: Aye. 8 MS. MILSCHEWSKI: Munns. 9 MR. MUNNS: Aye. 10 MS. MILSCHEWSKI: Bock. 11 MR. BOCK: Aye. 12 MS. MILSCHEWSKI: Spears. 13 MS. SPEARS: Aye. j I 14 MAYOR PROCHASKA: Motion is carried. 15 We are now in public hearing. 16 And would you come forward and 17 state your name for the record? 18 WHEREUPON: 19 KEVIN CARRARA, 20 testified before the Yorkville City Council as 21 follows: 22 MR. CARRARA: Good evening. My name 23 is Kevin Carrara from the law firm of Rathje & 24 Woodward in Wheaton, Illinois, and I represent Depo Court Reporting Service (630) 983 -0030 I 16 1 the petitioner in this matter. 2 I'll let my colleagues go ahead E 3 and try to set up their presentation and I'll go 4 ahead and -- as well as you can see, we are 5 handing out a revised copy of the plan from the 6 west side to bring everybody into focus. i 7 This property is generally 8 located east and west of Cannnonball Trail and 9 south of Galena. 10 There are two portions really 11 that we are looking at today, actually the 12 east -- west side that has all single- family, i i 13 then the east side of the road is a combination i 14 of single- family, townhomes and duplexes. 15 The reason we have that revised 16 plan in front of you is there was some comments 17 that we received at the Plan Commission and we 18 went ahead and -- we couldn't get them in on our 19 big board, so we wanted to show the comments 20 being on that draft copy that we have for you. 21 I'll go ahead and briefly just 22 go ahead through a few of those while we wait for 23 the computer system to come online. 24 If you look on the southwest Depo Court Reporting Service (630) 983 -0030 17 1 corner, there is kind of an L- shaped portion of 2 that plan. There was some concern from some of 3 the neighbors in that part of the area that 4 that's an open field in their back yard and they 5 were concerned that there wouldn't be a way of 6 identifying back yard as to their yards. 7 They were concerned that our 8 subdivision people would kind of;keep encroaching 9 into their farm field, so what we have agreed to 10 do is we have included a 15 -foot landscape 11 easement 117 through 131, and we are going to 12 work with the village staff in the final 13 engineering phases to determine the best method 14 of screening to prevent that line from getting 15 blurred, so there will be a clear demarcation 16 between our subdivision lot lines and the owners ` 17 to the west of us. 18 Additionally, what we 19 identified is -- you don't really see it, but 20 it's Lot 132 -- there was some concerns out of i 21 staff comments as we went back and forth that I 22 until that north road, which is -- or the Westing 23 Road, which is street C, is ultimately connected 24 to some future development, the west side of this Depo Court Reporting Service (630) 983 -0030 18 1 development only would have one access point for 2 emergency vehicles. 3 Recognizing that that was a 4 concern, what we've agreed to do is impose an 5 emergency access easement over lot 132 until 6 street C ultimately connects to something, so 7 that way fire and police would have an ability to 8 get into this subdivision should they not be able 9 to get in off of Cannonball Trail, and that is 10 specifically pointed out in our annexation 11 agreement, that that lot cannot be used until 12 street C is ultimately connected to something to 13 the west. 14 As you can see, this is just a I 15 general overview of what I mentioned. It kind of 16 gives you an idea of what the surrounding 17 property zonings are. 18 As you are aware, to the 19 northwest of us is the Bristol Bay regional 20 detention system that is part of their complex. 21 Then to the south of us and west of us we have 22 the town of Bristol. 23 To the immediate south of us we 24 have the Commonwealth Edison right -of -way, the Depo Court Reporting Service (630) 983 - -0030 19 1 train tracks, the industrial areas of Bristol, 2 and then to the east of us we have residential, 3 which is future planned residential, then across 4 that Blackberry Creek is the area park. 5 As we go forward we'll explain 6 how our trail system connects ultimately in the i 7 future hopefully to that park system to allow the 8 village to go ahead and continue;to grow that j 9 system. 10 This is just a basic chart that 11 we use when we first start the process. Really 12 when we are designing where we are going to put 13 our detention ponds on our property, we go ahead 14 and use this chart. 15 The blue arrows depict the 16 current flow of water currently as they are on -" 17 site, then you have the high points, then you 18 have the low points. 19 It's obviously a little easier 20 on this property indicating the low points. The 21 brown X's you can see, it's a darker shade of � 22 green, the red are the high sides, and this shows 23 our overall development on both sides of the 24 road. Depo Court Reporting Service (630) 983 -0030 i 20 1 As I mentioned before, the west 2 side is all single- family, the east side is a 3 combination of townhouses to the north, and those 4 townhouses to the north abut the previously 5 approved Bristol Bay project, and then we have a i 6 6.1 acre park that we have undecided, and we have 7 met with the parks and they are happy with that 8 site, so we're very agreeable to;that. 9 Then we come into our 10 single- family houses to the south again, and that 11 would be the pink shade, or some people say it's 12 salmon. Those are our duplexes that kind of 13 buffer that southern detention basin that we I 14 have. 15 As part of the staff comments 16 and part of our intention to help the city 17 connect its future and combining the city -wide 18 bike trail, as you can see on that red dashed 19 line coming from the west -- and, again, the 20 reason we have it coming from the west is about 21 one parcel down or two parcels down there is a 22 previously approved annexation agreement that 23 would also have another trail system that would 24 connect to that, and also we would feel that Depo Court Reporting Service (630) 983 - i 21 1 would somehow be able to work into the regional 2 detention system that the city is working on. 3 And then to the south you see 4 the red hash mark coming out of our subdivision, 5 and again, we've got our bike trail coming out of 6 there for two purposes; one, staff and we decided 7 that we're going to have some people that are Y 8 going to want to get down to the;Bristol school 9 that's down in that area, so we figured the 10 easiest way to do that would be provide a path 11 trail system coming out of our property 12 connecting up to I believe it's Cherry Lane, then 13 connect to the school. 14 You can also see it also 15 connects to the east and connects to what will 16 ultimately be the regional path system along 17 Cannonball Trail. 18 And now we'll go ahead and jump 19 over to the west -- or east side, excuse me, and 20 you can see along our park -- park on the south 21 side of that street we have the necessary trail 22 system again connecting towards the east. 23 If you can go one more slide, 24 that's going to show and you can see that goes Depo Court Reporting Service (630) 983 -0030 22 1 all the way to the east property line of our 2 parcel, and, again, anticipating the property to 3 our east developing at some point in the future, 4 we have made plans for that trail to connect at 5 that point, which logically I think from our 6 discussions with staff, their hope is at some 7 point to get that trail system over to the 8 regional park on the east side of Blackberry 9 Creek, so we will try and help facilitate that as 10 we go forward. 11 Again, that's just our overall 12 picture again. We can see the bike trail system 13 is in there. i 14 As a starting point -- I don't 15 think I mentioned it at the beginning -- there 16 are 420 total units on this -- on this project as 17 a total. We have 271 single- family units, 57 18 townhome units and 92 duplex units. 19 Our average single- family lot 20 size in this development is 14,270 and our 21 smallest is 12,000 square feet. 22 We aren't seeking any -- I 23 correct that. We are seeking two deviations from 24 your subdivision ordinance and our annexation Depo Court Reporting Service (630) 983 -0030 i I 23 1 agreement. 2 One of those is the lot length, 3 and that's -- on the west side you can see as you 4 are coming up Cannonball it kind of Y's out and 5 then goes to the streets to the west. 6 Our original plan had where we 7 have that bike path to the south and we had an 8 access street to consider for future connection 9 points, but because of some concerns from I 10 residents in Bristol and staff, we took that 11 street out and just had the bike path. 12 Because we took that street 13 out, that makes that street too long in your 14 subdivision ordinance by its length, so we are 15 seeking a minor deviation from that aspect. 16 And then the other deviation is 17 for the cul -de -sac length on the north side. 18 One other thing I think -- I 19 forgot to mention on that revised plan that you 20 see there, on this plan we do have a green 21 pathway going up to the regional detention, not 22 on that far west detention basin. 23 Through discussions we have I 24 determined that that pathway would be better put Depo Court Reporting Service (630) 983 -0030 I I I 24 1 over by that western detention basin, and you 2 will see that on your new plan that you have in 3 front of you. 4 That's really all we have at 5 this point. I have all our experts here. If any 6 of the aldermen have any questions, we will be 7 more than happy to address any concerns that 8 anyone has. 9 MAYOR PROCHASKA: At this time I'd 10 open the floor. Is there anyone who would like 11 to address the City Council, give testimony for 12 the City Council? Please come forward, state i 13 your name for the record. j 14 WHEREUPON: 15 JANET KENYON, 16 testified before the Yorkville City Council as 17 follows: 18 MS. KENYON: Good evening. My name 19 is Janet Kenyon and I received a certified letter I i 20 that came about the last public hearing. I was 21 not able to be at that meeting; however, I have 22 asked a few questions, I have tried to get some 23 additional information. 24 I had the opportunity to read Depo Court Reporting Service (630) 983 -0030 25 1 the information in the Record that was presented 2 on June 22nd. 3 I happen to live I guess in one 4 of the very few lots in Woods of Blackberry Oaks 5 that must be within a -- 6 MAYOR PROCHASKA: Distance. 7 MS. KENYON: -- closest distance to 8 the property. I am very disappointed that there 9 were a small number of us in our subdivision that 10 were notified. 11 I understand the procedures, 12 but I am disappointed that only a very few of us i 13 were notified. I 14 Many don't know that this is 15 actually a letter of certified mail that has come 16 to a very few of us. 17 I have been gathering some of 18 my own thoughts and some of my feelings. I do 19 wish to be a good neighbor. I am as a small 20 number as Bristol is small compared to Yorkville, 21 Montgomery and Oswego; however, I do contribute a 22 generous tax support to some of the facilities 23 and uses and operations that are under the 24 umbrella of Yorkville, Kendall County, and my Depo Court Reporting Service (630) 983 -0030 I 26 1 small township of Bristol. 2 I've been a resident only 13 3 years; however, I came this direction because of 4 what it had to offer. It had offered me the 5 opportunity to have a quiet community; it offered 6 me the opportunity to have a bit of space. i 7 I now spend more of my life in 8 traffic than I do functioning in; trying to run 9 some of the errands that I have. 10 I take challenge to the 11 statement in the newspaper that indicates that 12 maybe 25 to 40 additional cars will travel those 13 roads to go out of that subdivision to that j i 14 increased population. i 15 That means most of those people 16 won't be going to work and coming home from work. 17 I challenge that because I don't think that would 18 be the case with 420 additional homes or 19 dwellings. 20 I realize that everyone's here 21 to do their job. Many are here to advocate for 22 additional growth opportunities. I am in the 23 minority on that I suppose. I am looking to have 24 less growth. Depo Court Reporting Service (630) 983 -0030 27 1 The number of vehicles that 2 will travel those roads, the accesses that are 3 limited that people will be on those two -lane 4 roads, the pending water park, which sounds like 5 fun, but if you are bringing 3,000 more cars, 6 they'll have to drive on some road. 7 One morning it took me one hour 8 to go from my driveway to the intersection of i 9 Route 30 and Orchard Road. 10 It is not an easy commute out 11 of Bristol to any place. I liken this to the 12 bully effect, gathering all the marbles -- in 13 this case, it's the natural resources, it's the 14 water, the noise, the green space, the air, all 15 of those things that need to be left for nature. 16 Let's not look at quantity, let's look at 17 quality. 18 I drive down this lovely street 19 of Game Farm Road. There are beautiful homes 20 with sizable lots. That is why people came to 21 this area. 22 The rigorous growth, it's here. 23 I never anticipated that the growth would come as 24 fast as it has come. Depo Court Reporting Service (630) 983 -0030 i 28 1 I challenge you as City Council 2 members to be remembered for quality and not i 3 showing this growth explosion and taking all the 4 resources for small, crowded neighborhoods. 5 There is a saying, less is 6 more. I realize that we all have a job to do, i 7 but in this case that is too many dwellings to 8 encroach upon that space in addition to Grande 9 Reserve and all of the others that have already 10 been approved. 11 I realize this is about 12 annexation, but the picture is bigger than that. 13 Thank you for your time. 14 MAYOR PROCHASKA: Is there any other 15 comments from the audience? 16 (No Response) 17 MAYOR PROCHASKA: Are there comments 18 from the City Council? 19 MR. JAMES: Yeah. On the bike trail 20 I notice that some of the paths that you mention 21 on here that they are just eight -foot and I was 22 just wondering if they have talked with the park 23 board, because the park board usually recommends 24 that they are ten foot for the remaining arteries i Depo Court Reporting Service (630) 983 -DO 30 29 1 of the bike trail, and then if it's something 2 that's just within the subdivision, just, you 3 know, an extension going into it, then they are 4 usually looking at like a six -foot or an eight 5 foot for the trails there. But the main bike 6 path, what their standard is, is ten foot. 7 MR. CARRARA: We'll go ahead -- any 8 of the ones that need to be ten feet, we'll make 9 them ten feet, and if the internals need to be 10 eight feet, we'll make them eight feet. We have 11 no problem complying. 12 MAYOR PROCHASKA: Anyone else? Yes, 13 Rose. 14 MS. SPEARS: In reviewing the Park 15 Commission's notes, they were quite concerned 16 with the school site being located next to i y� 17 railroad tracks and power lines, and I have that 18 concern also. 19 MR. CARRARA: We no longer have a 20 school site on this property. 21 MS. SPEARS: There is no school 22 site? 23 MR. CARRARA: No. The school 24 department -- school district has decided that Depo Court Reporting Service (630) 983 -0030 30 1 they do not want a school site on this property. 2 We will be doing cash in lieu of. 3 I think Staff should have a 4 letter in your file to that effect. If you 5 don't, we will make sure you do. Do you have it? 6 MR. MILLER: Yes, there is a letter 7 from Dr. Engler in the file. The proximity came 8 down to the all the upkeep and just to the north 9 and west of this with the new facility proposed 10 for Centex. 11 I think early on when this 12 concept came in there was some question on the 13 Centex location, which was why land was asked 14 for. That's since been resolved with Centex, so 15 the school has asked for a cash contribution in 16 lieu of land in this particular development. 17 MS. SPEARS: Could the Council 18 receive a copy of that letter as well so we can 19 keep it altogether? 20 MR. MILLER: Absolutely. And that 21 will be part of the Staff report that will be 22 copied to you when this comes forward for 23 consideration. 24 MS. SPEARS: Okay. Thank you. Depo Court Reporting Service (630) 983 -0030 31 1 MAYOR PROCHASKA: Anything else? 2 MS. SPEARS: No. 3 MAYOR PROCHASKA: I just wanted to 4 address one of the questions that was asked about 5 the notice, and just to remind everyone, that it 6 is by the City of Yorkville's ordinance that we 7 require all developers to notice property owners 8 within 500 feet of their property. It is not a 9 state law, it's -- there is no statute to that. 10 The statute only requires that I 11 they publish notice, but the city requires one j 12 step beyond that, which is that any property 13 owner within 500 feet must receive a certified I 14 letter, so obviously some people will get it and 15 some people won't. 16 If you are within 500 feet, you 17 will get a letter of notification, so just to 18 answer your question, that is because we do 19 require above and beyond what the statute is for 20 that. i 21 MS. KENYON: Could I get a copy of 22 this? I did call the Yorkville office and asked 23 and they said the only way I could get anything 24 was to come in and look at it. Depo Court Reporting Service (630) 983 -0030 i 32 1 I'd like to request a copy of 2 that and the presentation slides, which I didn't 3 realize they were on that screen, because I was 4 sitting here. I thought you were looking at ^' 5 the -- 6 MR. CARRARA: We'll be happy to 7 provide that. Anything was just the slides. You 8 did not see anything on the board that was not on 9 the screen. We'd be happy to give that to you. 10 If you could leave us your name and address, i 11 we'll get to that to you. 12 MS. KENYON: I believe you have it 13 already. Thank you. I 14 MAYOR PROCHASKA: Hearing no further i 15 discussion, I would entertain a motion to close 16 this public hearing. 17 MR. BOCK: So moved. 18 MS. SPEARS: Second. 19 MAYOR PROCHASKA: Moved and 20 seconded. May I have roll call, please? i 21 MS. MILSCHEWSKI: James. 22 MR. JAMES: Aye. 23 MS. MILSCHEWSKI: Leslie. 24 MR. LESLIE: Aye. Depo Court Reporting Service (630) 983 -0030 i I I i 33 1 MS. MILSCHEWSKI: Munns. 2 MR. MUNNS: Aye. 3 MS. MILSCHEWSKI: Bock. 4 MR. BOCK: Aye. 5 MS. MILSCHEWSKI: Spears. 6 MS. SPEAR: Aye. 7 MAYOR PROCHASKA: Motion is carried. I 8 The public hearing is closed. I 9 (Which were all the 10 proceedings had in 11 the public hearing.) 12 --- 000 - -- 13 14 15 16 17 18 19 20 21 i 22 23 24 Depo Court Reporting Service (630) 983 -0030 34 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 WHEREOF I have hereunto set 15 my hancj this _ day of 16 , 2006. 17 18 19 % o 20 _ CHRISTINE M. 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2:13 dimensions 8:19 Certified 24:19, commute 27:10 COUNTY 3:24, 4:8, direction 26:3 25:15, 31:13, 34:7 Company 3:17, 3:18, 14:14,14:22, 25:24, directly 12:18 cetera 10:3 14:11 34:3 disappointed 25:8, challenge 26:10, compared 25:20 covers 6:1 25:12 26:17, 28:1 complex 18:20 created 3:10 discharge 10:11 Charitable 3:13 complying 29:11 Creek 19:4, 22:9 discuss 14:10 chart 19:10, 19:14 computer 16:23 CROIS 2:8,10:15, discussed 10:18, Cherry 21:12 concept 7:6, 30:12 11:15,11:19 11:14, 11:15, 11:19 CHRISTINE 1:8, concern 17:2, 18:4, cross 12:22 discussing 3:4 34:6, 34:23 29:18 crowded 28:4 discussion 9:15, Christopher 3:21 concerned 17:5, CSR 34:24 11:10,12:3, 32:15 City 1:1, 1:2, 1:10, 17:7, 29:15 cul -de -sac 23:17 discussions 9:24, 2:8, 2:9, 2:15, 3:23, concerns 17:20, current 19:16 10:16,10:22, 11:2, 3:24, 5:7, 5:17, 5:20, 23:9, 24:7 currently 19:16 11:3, 22:6, 23:23 IC I Depo Court Reporting Service (630) 983 -0030 July 11, 2006 37 Distance 25:6, 25:7 encroaching 17:8 figured 21:9 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21:4 dwellings 26:19, extension 7:3, 29:3 forth 17:21 Hearing 3:3, 4:4, 28:7 extensive 6:20 forward 5:3, 10:23, 5:2, 8:1, 12:8, 13:13, 11:6, 11:24, 15:16, 13:15, 14:7, 14:10, 19:5, 22:10, 24:12, 14:17, 15:15, 24:20, <E> < F > 30:22 32:14, 32:16, 33:8, early 30:11 F. 2:2 friendly 7:10 34:11, 34:15 ease 10:3 facilitate 7:8, 22:9 front 12:18, 16:16, hearing. 33:11 easement 17:11, facilities 6:11, 10:18, 24:3 help 20:16, 22:9 18:5 25:22 frontage 12:16 hereunto 34:16 easements 10:10, facility 6:7, 9:18, fun 27:5 high 19:17, 19:22 12:21 30:9 functioning 26:8 home 26:16 easier 19:19 fact 11:8 future 17:24, 19:3, Homes 5:22, 26:18, easiest 21:10 family 13:7 19:7, 20:17, 22:3, 27:19 east 4:7, 5:18, 14:20, far 23:22 23:8 hope 22:6 16:8, 16:12, 16:13, Farm 1:9, 17:9, hopefully 19:7 19:2, 20:2, 21:15, 27:19 hour 1:9, 27:7 21:19, 21:22, 22:1, fast 27:24 <G> houses 20:10 22:3, 22:8 feel 20:24 Gabel 3:21, 3:22 easy 27:10 feelings 25:18 gain 13:8 Edison 12:19,18:24 feet 8:7, 8:18, 8:18, Galena 14:22, 16:9 <1> effect 27:12, 30:4 22:21, 29:8, 29:9, Game 1:9, 27:19 idea 18:16 egress 10:3 29:10, 29:10, 31:8, gasoline 6:9 identified 9:21, eight 29:4, 29:10, 31:13, 31:16 gathering 25:17, 17:19 29:10 felt 11:5 27:12 identifying 17:6 eight -foot 28:21 few 8:8, 16:22, General 14:16, Illinois 1:2, 1:10, emergency 7:8, 24:22, 25:4, 25:12, 18:15 2:15, 3:19, 4:8, 5:12, 18:2, 18:5 25:16 generally 16:7 5:19, 6:3, 14:22, encroach 28:8 field 17:4, 17:9 generous 25:22 15:24, 34:1, 34:9 Depo Court Reporting Service (630) 983 -0030 I July 11, 2006 38 immediate 18:23 24:18, 24:19, 25:7, Living 3:15 25:6, 28:14, 28:17, impose 18:4 31:21, 32:12 LLC 14:8, 14:11 29:12, 31:1, 31:3, Inc. 3:5 Kevin 15:19,15:23 located 6:7, 7:11, 32:14, 32:19, 33:7 included 17:10 kind 12:16,17:1, 7:15,16:8, 29:16 mean 10:7 increased 26:14 17:8, 18:15, 20:12, location 9:20, 10:12, means 26:15 indicates 26:11 23:4 13:10, 30:13 MEETING 1:1, 1:6, indicating 19:20 known 3:7 locations 7:7, 7:16 24:21 industrial 19:1 logically 22:5 members 28:2 information 24:23, long 23:13 mention 23:19, 25:1 <L> longer 29:19 28:20 Ingemunson 3:21 L- shaped 17:1 look 16:24, 27:16, mentioned 5:24, ingress 10:3 L. 3:9, 3:20 27:16, 31:24 10:12, 18:15, 20:1, instance 8:22 land 6:21, 10:16, looking 16:11, 22:15 intention 20:16 11:18, 30:13, 30:16 26:23, 29:4, 32:4 met 20:7 7 interest 12:4 landscape 17:10 Lori 3:20 method 17:13 internals 29:9 Lane 21:12 Lot 8:7, 8:12, 8;14, mile 14:21 intersection 27:8 language 12:9 8:17, 8:19, 17:1`6, miles 7:13 issue 12:11 LASALLE 34:3 17:20,18:5, 18:11, MILLER 30:6, 30:20 last 24:20 22:19, 23:2 MILSCHEWSKI 2:9, law 15:23, 31:9 lots 7:12, 8:7, 8:8, 4:15, 4:17, 4:19, <J> leave 32:10 8:12, 8:14, 9:6, 9:8, 4:21, 4:23, 13:20, J. 3:11, 3:12, 3:19 left 27:15 25:4, 27:20 13:22,13:24, 14:2, Jack 3:11, 3:14 length 23:2, 23:14, Louise 3:9 14:4, 15:4,15:6, JACQUELYN 2:9 23:17 lovely 27:18 15:8, 15:10, 15:12, JAMES 2:3, 2:6, 4:9, LESLIE 2:4, 4:15, low 19:18, 19:20 32:21, 32:23, 33:1, 4:17, 4:18, 12:14, 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29:11 northwest 18:19 22:11 5:9, 5:10, 8:13, 9:5, procedures 25:11 notes 29:15, 34:13 overview 18:15 9:19, 12:9, 12:17, PROCEEDINGS 1:6, notice 9:13, 28:20, own 25:18 13:6 33:10, 34:11, 34:15 31:5, 31:7, 31:11 owner 31:13 picture 22:12, 28:12 process 19:11 Depo Court Reporting Service (630) 983 -0030 July 11, 2006 40 PROCHASKA 2:2, quiet 26:5 14:15,14:16 21:13,29:16,29:20, 3:2, 4:12, 5:1, 7:20, quite 8:8, 29:15 resident 26:2 29:21, 29:23, 29:24, 8:1, 8:5, 8:10, 9:11, residential 6:2, 19:2, 30:1, 30:15 9:13, 10:14,11:13, 19:3 screen 32:3, 32:9 11:17, 12:2, 12:12, <R> residents 23:10 screening 17:14 13:11, 13:13, 13:18, R -2 4:1, 6:2, 14:15 resolved 30:14 Second 4:10, 4:13, 14:6, 14:24, 15:2, R -3 14:16 resources 27:13, 32:18 15:14, 24:9, 25:6, railroad 29:17 28:4 second. 15:1 ^� 28:14, 28:17, 29:12, range 8:14, 8:22, Response 7:24, Seconded 13:17, 31:1, 31:3, 32:14, 9:10 9:12, 13:12, 28:16 13:19, 15:2, 32:20 32:19, 33:7 Rathje 15:23 reviewing 29:14 seeing 8:6 project 20:5, 22:16 read 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requires 31:10, Sassaman 3:20 sizable 27:20 questions 7:18, 31:11 saying 28:5 size 8:17, 22:20 7:23, 8:2, 24:6, Reserve 28:9 says 34:7 slide 21:23 24:22, 31:4 Residence 4:2, school 6:24, 21:8, slides 32:2, 32:7 Depo Court Reporting Service (630) 983 -0030 July 11, 2006 41 slightly 7:1, 8:24 Steven 3:9 took 23:10, 23:12, 3:23, 3:24, 5:17, small 25:9, 25:19, Street 5:11, 7:7, 27:7 14:13, 14:14 25:20, 26:1, 28:4 13:10, 17:23, 18:6, total 22:16, 22:17 units 8:21, 22:16, smaller 8:12 18:12, 21:21, 23:8, towards 21:22 22:17, 22:18, 22:18 smallest 22:21 23:11, 23:12, 23:13, tower 9:16 until 17:22, 18:5, somehow 21:1 27:18 town 18:22 18:11 someone 12:6 streets 23:5 townhome 22:18 upkeep 30:8 somewhere 12:5 subdivision 7:14, townhomes 16:14 uses 6:5, 6:9, 6:10, sounds 27:4 17:8, 17:16, 18:8, townhouses 20:3, 25:23 { south 4 :8, 5 :18, 21 :4, 22:24,23:14, 20 :4 12:15,14:22, 16:9, 25:9, 26:13,29:2 township 26:1 18:21, 18:23, 20:10, subject 5:23, 10:9 tracks 19:1, 29:17 <V> 21:3, 21:20, 23:7 submitted 6:13, traffic 26:8 various 6:5, 6:9, 7:7, southern 20:13 11:20 Trail 14:21, 16:8, 7:11 southwest 16:24 suburban 8:21 18:9, 19:6,20:18, vehicles 18:2, 27:1 space 6:20, 6:22, suggest 11:22 20:23, 21:5, 21;,11, village 17:12, 19:8 8:9, 8:15, 9:7, 9:8, suggested 10:23 21:17, 21:21, 22:4, VITOSH 1:8, 34:6, 26:6, 27:14, 28:8 support 25:22 22:7, 22:12, 28:19, 34:23 SPEAR 33:6 suppose 7:17, 26:23 29:1 Spears 2:7, 4:21, surrounding 18:16 trails 7:14, 29:5 4:22, 8:5, 8:6, 8:12, sworn 34:7 train 19:1 <W> 13:17, 14:2,14:3, system 16:23, 18:20, transcript 34:13 wait 16:22 15:12, 15:13, 29:14, 19:6, 19:7, 19:9, travel 26:12, 27:2 wanted 9:7, 12:2, 29:21, 30:17, 30:24, 20:23, 21:2, 21:11, tried 24:22 16:19, 31:3 31:2, 32:18, 33:5 21:16, 21:22,22:7, true 34:12 Water 5:11, 9:16, specifically 18:10 22:12 Trust 3:6, 3:8, 3:10, 19:16, 27:4, 27:14 spend 26:7 3:13, 3:15, 14:11 Weis 3:12, 3:14 square 8:7, 8:17, Trustee 3:5 west 14:20, 16:6, 8:18, 22:21 <T> Trustees 3:9, 3:12, 16:8, 16:12, 17:17, ss 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4:1, 4:3, 8:23 30:21, 30:21, 31:14, step 31:12 today 16:11 United 1:2, 2:14, 31:17 Depo Court Reporting Service (630) 983 -0030 July 11, 2006 42 wish 25:19 within 6:20, 7:14, 7:15, 7:16, 8:21, 25:5, 29:2, 31:8, 31:13, 31:16 without 13:4 c WITNESS 34:16 wondering 28:22 Woods 25:4 Woodward 15:24 work 17:12, 21:1, 26:16, 26:16 workable 10:13 g working 21:2 works 9:17, 10:2, 10:17 WYETH 2:13 Wyoming 3:17 <Y> yard 17:4, 17:6 yards 17:6 years 26:3 Yorkville 1:2, 1:10, 2:15, 3:23, 4:1, 5:7, 5:17,14:13, 14:15, 15:20, 24:16, 25:20, 25:24, 31:6, 31:22 <Z> _J zoning 6:2 zonings 18:17 < Dates > july 11, 2006 1:8, 1:8,1:8 november 3, 2005 3:13, 3:13, 3:14 november 9, 1978 3:11, 3:11, 3:11 october 19, 2005 3:16, 3:16, 3:16 september, 2005 3:7, 3:7 Depo Court Reporting Service (630) 983 -0030