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City Council Minutes 2006 01-10-06 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, JANUARY 10, 2006. Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Absent Ward Il Burd Present Wolfer Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City A dministra tor Crois, City Attorney Wyeth, Police Chief Martin, Finance Director Pleckham, Director of Public Works Dhuse and City Intern/Deputy Clerk Olson. 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 None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, February 6, 2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, January 19, 2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, February 2, 2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 PAL, Thursday, January 12, 2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS Commendation - Officer Steve Bozue Mayor Prochaska and Chief Martin presented Officer Steve Bozue with a commendation for performance above and beyond the call of duty for his role in finding and reporting a structural fire at a local business while on duty August 24, 2005. His quick action contained the fire; saving the attached businesses from being engulfed in flames. Commendation - Officer Patrick McMahon Mayor Prochaska and Chief Martin presented Officer Patrick McMahon with a commendation for investigating a motor vehicle theft on November 15, 2005 which resulted in the identification and arrest of a suspect for possession of a stolen motor vehicle. Commendation - Sergeant Richard Hart Mayor Prochaska and Chief Martin presented Sergeant Richard Hart with a commendation for his deployment with the ILEAS Special Response Team — Region 3 to the State of Louisiana from The Minutes of the Regular Meeting of the Citv Council — January 10. 2006 — vag_e 2 September 3, 2005 to September 19, 2005 in order to assist with hurricane Katrina disaster. Chief Martin explained that Sergeant Hart put in over 200 hours working 16 or more hours per day while assisting the hurricane relief effort. He stated that the commander of Louisiana State Police thanked Region 3 for sending such a good team. Appreciation Plaque — Citizens Police Academy Alumni Association Mayor Prochaska explained the work of the Citizens Police Academy Association and the alumni group. He and Chief Martin presented the Citizens Police Academy Association Alumni with a l\ _ plaque in order to thank them for all their assistance and their dedication to making the United City of Yorkville a safe community. He stated that he had a job for the CPAA; the plaque needs a picture. He asked that they get a photograph of all the alumni so the plaque can be displayed in City Hall. PUBLIC HEARIN Tanglewood Development Corporation — Evergreen Farm Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Tanglewood Development Corporation and Evergreen Farm Estates, LLC, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville R -2 One - Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 48.8 acres at the northwest and southeast corners of Fox Road and Pavillion Road, Kendall Township, Kendall County, Illinois. So moved by Alderman Ohare; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -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 continue the public hearing until the January 10, 2006 City Council meeting. So moved by Alderman Burd; seconded by Alderman Ohare. C � Motion approved by a roll call vote. Ayes -7 Nays-0 Burd -aye, James -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Midwest Development Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Midwest Development, LLC request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville R -2 One- Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 102.75 acres on Fax Road east of High Point Road, Kendall Township, Kendall County, Illinois. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye, Munns -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 continue the public hearing until the January 10, 2006 City Council meeting. So moved by Alderman Ohare; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Besco -aye, Wolfer -aye James -aye, Ohare -aye, Burd -aye, Spears -aye CITIZEN COMMENTS Rezoning Inquiry Identa Austin, 712 N. Bridge Street, addressed the City Council. She stated that she was surprised to read in the Record Newspaper that the City Council approved the rezoning for 708- 710 North Bridge Street from R -3 Residential to B -1 Limited Business District in order to accommodate the operation of an insurance agency. She stated that she asked to see the minutes of the December 27, 2005 meeting where the approval took place however she was told the minutes were not available. She inquired about the procedure that the City uses to rezone property. Mayor Prochaska explained that the owner of the property is required to file a petition requesting rezoning. When this is filed, a public hearing is scheduled to be held before the Plan The Minutes of the Regular Meeting of the Citv Council — January 10, 2006 — nape 3 Commission. After the public hearing, the Plan Commission makes a recommendation to the City Council regarding the rezoning. The matter is discussed by the City Council at an Economic Development Committee meeting, Committee of the Whole (COW) meeting and finally at a City Council meeting where it is voted on. Ms. Austin stated that she was notified of the rezoning and attended the November 9, 2005 Plan Commission meeting where she objected to it and the Plan Commission voted against the (� recommendation of the rezoning. She asked if the city is required to send further notice of the rezoning to neighboring residences. Attorney Wyeth explained to Ms. Austin that the notice she received is the only notice that is sent. He stated that her attendance at the public hearing was well noted and documented. This information was presented to the Economic Development Committee where the issue she raised of spot zoning was discussed. Legal research was done and the issue was analyzed however it was determined that spot zoning was not the case with this property. The Economic Development Committee brought their positive recommendation to the COW and it was determined to vote on the matter. Ms. Austin asked if all the facts in regards to the property were discovered before it was presented to the City for rezoning. Attorney Wyeth stated that sufficient facts were discovered in order to make the City Council aware of the issues upon which they voted. Ms. Austin asked the City Council if they were aware that there is a covenant on the property in question and two adjoining properties. This covenant affects her and the owner of the property on the other side of the rezoned property. Attorney Wyeth stated he did not recall any discussion regarding a covenant. He further explained that she may have a personal, private land use issue with her neighbor due to the covenant and that private land use issues do not come before the City in a rezoning case. Ms. Austin stated that she had no way of knowing that this issue was coming before the City Council. Attorney Wyeth explained that residents in the area were sent a notice of the public hearing at the Plan Commission and after that it is their responsibility to follow the issue through the system. He noted that meeting agendas are posted at City Hall and on the internet. Ms. Austin stated that this procedure is something the general public should know. She noted that this has been a difficult and stressful situation for her and she was disappointed that there is not a better way to keeping people apprised of the situation. Alderman Spears commented that before she voted on the rezoning, she asked if any of the adjoining property owners has any issues with the rezoning and she was told that the only issue was parking and this was resolved. After the meeting, she received a can from Ms. Austin asking about the spot zoning or any of the other information discussed at the Plan Commission. Alderman Spears indicated she was not aware of this information. She stated that she was not told the full story. Attorney Greg Ingemunson the attorney for the rezoning was in the audience and commented that spot zoning and parking issues were discussed at the Plan Commission and he agreed with Attorney Wyeth that these issues were resolved. He stated that this is the first he has heard about any covenant. He stated he would discuss this further with Ms. Austin. Attorney Wyeth commented that he and Attorney Ingemunson conducted legal research regarding the spot zoning issue and noted that when the rezoning came before the City Council for a vote, spot zoning was no longer an issue. He explained that there are several similarly zoned parcels in the vicinity of this property. Yes! Yes! For Yorkville's Kids Shawn Schumacher, 502 Heustis Street and Clayton Marker of 564 Heartland Drive addressed the City Council and asked for their support for the March 2006 Yorkville Community Unit School District (CUSD) 4115 referenda. They presented a power point presentation on the "Yes! Yes! For Yorkville's Kids" which outlined why the referenda need to pass (see attached). After the presentation, Mr. Schumacher asked for the City Council's support by voting for a resolution of support. Alderman James asked what the increase per home or per family would be. Mr. Schumacher explained that within the next week or two, the committee's website will have comparison charts that will show how the increase will affect homeowners. He stated that this question has been asked quite often of the committee so they are in the process of compiling the information. Dr. Engler, Superintendent of CUSD # 115, commented that the $.63 increase in the Education Fund for a $250,000.00 home would be approximately $450.00 to $470.00 per year. The increase for the Building Fund would be approximately $50.00 to $100.00 per home. He felt that the The Minutes of the Regular Meeting of the Citv Council — January 10. 2006 — nab maximum would be around $500.00 per home. Dr. Engler then explained that because the tax rate is dropping, the maximum amount probably wouldn't be collected He further explained how the tax cap affects the Education Fund. Alderman James clarified that if both referenda pass; approximately $500.00 extra per year per home would staff the new school in Grande Reserve and build three more schools. Dr. Engler stated that even with both referenda passing, District # 115 tax rate would be the next lowest school district in the county, other districts in the county have a higher tax rate than CUSD 4115. CONSENT AGENDA 1. Building Permit Report for October 2005 (EDC 2005 -08) 2. Rob Roy Creek Interceptor (East Branch Contract Nos. 1 and 2) — Construction Inspection Contract — award to Walter E. Deuchler Associates in an amount not to exceed $165, 000.00 and authorize the Mayor and City Clerk to execute (PW 2006 -01) 3. Rob Roy Creek Interceptor (East Branch Contract Nos. 1 and 2) — Construction Contracts — concur with Centex Homes to award East Branch Contract #1 to Pirtano Construction in an amount not to exceed $1,449,964.50 and to award East Branch Contract #2 to Pirtano Construction in an amount not to exceed $913,330.00 (PW 2006 -02) 4. Resolution 2006 -01— IDOT Highway Permit and Resolution - Rob Roy Creek Interceptor (Contract No. 6) - authorize the Mayor and City Clerk to execute (PW 2006- 03) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman James; seconded by Alderman Burd Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Munns -aye, Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 29, 2005 totaling the following amounts: checks in the amount of $1,141,645.33 (vendors); $167,576.34 (payroll period ending 12/24/05); for a total of $1,309,221.67 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Bard -aye, James -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye REPORTS MAYOR'S REPORT Resolution 2006 -04 Support of CUSD #115's March 21, 2006 School Referenda Mayor Prochaska moved Item #5 under his report up and asked Alderman Bard to read the Resolution of Support as she asked that it be placed on the agenda for consideration. Alderman Bard read the resolution (see attached) and made a motion to approve a Resolution of Support of Community School District # 115's March 21, 2006 school referenda; seconded by AIderman James. Alderman Spears thanked Mr. Schumacher, Mr. Marker and Alderman Bard for their work that they did on the presentation. She noted that Mr. Schumacher cited alarming statistics regarding rapid growth in the United City of Yorkville. She stated that about two years ago some of the City Council recognized the residential and population growth. She stated that she asked the Council to consider a residential moratorium at that time. She commented that the School Board President was in attendance at the meeting when she suggested this and he objected to her proposal stating it was the worse thing the City Council could consider. She explained that she has mixed feelings regarding the referenda. She further explained that she had a child attend the Yorkville schools and she felt the teachers are outstanding. She stated that unless something is done about growth, the problems will continue. The Minutes of the Regular Meeting of the Citv Council — January 10, 2006 — vage 5 Alderman Burd stated that it can be debated whether or not to have a moratorium however the problem is that growth is here now and it needs to be addressed and the children attending the schools now need to be taken care of She stated that she felt that even before the current growth, the School District was in trouble because of tax caps and state funding. She explained that if not another new child moved into the district, the referenda still need to be passed because there is a deficit now. She noted that this has been an ongoing problem; she was on a committee eighteen years ago which was trying to get a new high school built. She stated that while the district has wonderful teachers, its schools are at a lower level than other nearby communities. She felt that the children in Yorkville are entitled to better schools. She stated that she is 100% behind the referenda and has no qualms in recommending this to the residents. Alderman Besco stated that he personally felt that this was not a matter the City Council should be supporting; they should stay neutral in the matter. He felt that a resolution was not in the best interest of the City Council. Alderman Munns stated that he has children attending school in the district however he has mixed emotions over the matter. He has received telephone calls from people on fixed incomes who can't afford even $50.00 /month more. He stated that he hasn't made up his mind to support the referenda because he isn't sure how he really feels or how residents in his ward feel about them. He stated that he realizes there is a need for the funding but questioned if residents can afford it and he agreed with Alderman Besco. Mayor Prochaska commented that he also has children in the School District, he has seen the district struggle with the growth and that he has seen several City Councils try to deal with the issue. He stated that he felt the city government has tried as best as possible to offset the cost of growth. He noted that the School District is 88 square miles and there are four or five communities in CUSD #115 that are growing; not just Yorkville. He also noted that the presentation stated that new homes are contributing $3,000.00/home to the School District however that is only a minimum. He pointed out that the new developments discussed earlier in the public hearings are contributing $7,400.00/home and $7,800.00/home to the School District. He stated that the City does consider the schools when annexation agreements are negotiated. He also noted that the growth is not only in Yorkville but also in neighboring communities who are in the district. He stated that the troubling question is how to fund the schools and referenda are the way the law allows. He suggested that citizens call their state legislators and the governor asking for a change in school funding. He stated that the schools are our future and if residents want to keep a quality of life in the community, they need to support the schools. He expressed his support for what the School District is trying to do. Motion approved by a roll call vote. Ayes -3 Nays -0 Present -4 Burd -aye, Spears- present, Munns-present, Besco- present, Wolfer - present, James -aye, Ohare -aye Amending City Code Title 2 Adding a New Chapter 9 Regarding Formation of a Senior Advisory Commission (COW 2005 -04) Mayor Prochaska entertained a motion to approve an ordinance amending City Code Title 2 by adding a new Chapter 9 forming a Senior Advisory Commission City as presented subject to final legal review, and subject to the status of the Commission being reviewed by the City Council in the month of January 2007. So moved by Alderman Spears; seconded by Alderman Munns. Motion defeated by a roll call vote. Ayes -3 Nays -4 Wolfer -nay, James -nay, Ohare -nay, Burd -aye, Spears -aye, Munns -aye, Besco -nay Ordinance 2006 -01 Amending City Code Title 1— Administration, Chapter 6 - Municipal Officers and Employees New Article "D" City Administrator - Regarding City Administrator Ordinance (COW 2005 -02) Mayor Prochaska entertained a motion to approve an ordinance Amending City Code Title 1 — Administration, Chapter 6 Municipal Officers and Employees by adding a new Article "D ", City Administrator as presented subject to final legal review. So moved by Alderman James; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye, Munns -aye, Besco -aye The Minutes of the Regular Meeting of the City Council — January 10, 2006 — Dage 6 Resolution 2006 -02 Establishing the Job Description for the Position of City Administrator (ADM 2005 -23) Mayor Prochaska entertained a motion to approve a resolution establishing the job description for the position of City Administrator as presented subject to final legal review. So moved by Alderman Ohare; seconded by Alderman James. Attorney Wyeth noted that the City Council received copies of the final version of the resolution as well as a "red - lined" copy and that there has been a deletion on page 2 regarding background investigations. Attorney Wyeth conferred with Labor Attorney Bob Smith and Attorney Smith indicated that he preferred that this be part of the hiring process and not the job description. Alderman Burd asked if the job description indicates that the City will enter into a contract with the City Administrator. Mayor Prochaska stated that it did not and explained that a contract would be negotiated at the City Council's pleasure. Alderman Burd commented that she was glad that the job functions point out that this employee reports to the Mayor and City Council because it is important for the new City Administrator to understand his/her relationship with the City Council. She stated that this is a key position in helping the City Council understand the ins and outs of City government. This position needs to use their background and qualifications to help the City Council make their decisions. Motion approved by a roll call vote. Ayes -7 Nays-0 James -aye, Ohare -aye, Burd -aye, Spears -aye, Murms -aye, Besco -aye, Mums -aye Resolution 2006 -03 Accepting Final Report for Yas Downtown Vision Plan & Municipal Facilities Plan Mayor Prochaska entertained a motion to a resolution accepting the final report from Yas Architecture, titled Downtown Master Vision Plan and Municipal Facilities Plan, updated December 13, 2005, as presented. So moved by Alderman Munns; seconded by Alderman Besco. Alderman Burd asked if this report had anything to do with the Tax Increment Financing District �- and Attorney Wyeth stated it did not. She commented that she was excited about the plan and that it was fun to see businesses and residents come together in support of the concept. She felt that the downtown will become an exciting focus for the community. Mayor Prochaska commented that this is the first step in the redevelopment of the downtown and he felt that the City is going down the right path by looking at municipal facilities. Alderman James stated that he like the downtown plan that was presented and felt that if it was followed; it would give Yorkville a nice downtown area. Mayor Prochaska thanked the members ofthe community who took the time to participate in the focus meetings. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Burd -aye, Spears -aye, Munns -aye, Besco -aye, Wolfer -aye, James -aye Committee of the Whole Packets Mayor Prochaska reported that due to the Martin Luther King, Jr. holiday, Committee of the Whole packets will be distributed on Thursday, January 12, 2006. Big Brothers/Big Sister Bowl -a -thon Mayor Prochaska reported that the annual Big Brothers/Big Brothers Bowl -a thon is being held on February 25, 2006. He stated that he has entered a team from Yorkville and anyone interested in joining him in bowling should contact him. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth reported that he distributed the latest version of the Robert's Rule update (see attached). He explained that page one of the guide was a recap of the items already discussed and that Incidental Motions and Motions to Bring a Question before the Body Again would be the next categories discussed at future meetings. CITY CLERK'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — January 10, 2006 — vage 7 CITY TREASURER'S REPORT No report. CITY ADMINISTATOWS REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2006 -02 Laniosz Property Authorizing the Execution of the Annexation Agreement (PC 2005 -43) A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement with Hinsbrook Bank Trust #03 -008, legal owner of property commonly referred to as the Lamosz Commercial property on Route 71, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Munns -aye, Besco -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye Ordinance 2006 -03 Laniosz Property - Annexation P A motion was made by Alderman Munns to approve an ordinance annexing certain property, in furtherance of an Annexation Agreement with Hmsbrook Bank Trust #03 -008, legal owner of property commonly referred to as the Laniosz Commercial property on Route 71, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Besco -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye Ordinance 2006 -04 Laniosz Property - Rezoning A motion was made by Alderman Mums to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement with Hinsbrook Bank Trust #03 -008, legal owner of property commonly referred to as the Laniosz Commercial property on Route 71, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco-aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye, Munns -aye PUBLIC SAFETY COM11u i t LE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — January 10, 2006 — nage 8 ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Spears; seconded by Alderman Burd. �- Motion approved by a viva voce vote. Meeting adjourned at 8 :55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois � J CITY COUNCIL MEETING January 10, 2006 PLEASE PRINT NAME: ADDRESS: '17 t4/1 IDLJ / �/Z- 71 Qunn U kA 0% O 9-7 �IAJ�U 2/7TZ��J�4M 115 C� . 6 0 6 A. 41GN CITY COUNCIL MEETING January 10, 2006 PLEASE PRINT NAME: ADDRESS: f ,h 14s arz i a /r- R,` �,� rkU/ ``e V /6 L" C�zc 1—uroW r ox e- K` F, do rkv, 1 I Me- l 2 C x 6:/e n //e 1 L Ov'sc :ZZ Z 10 A341-115T SIGNIN CITY COUNCIL MEETING January 10, 2006 PLEASE PRINT NAME: ADDRESS: d, ( p� /ijO Af( y- SIGNIN CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before i CHRISTINE M. VITOSH, C.S.R., on January 10, 2006, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. i IC I REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 • Fax 6 983 -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 MS. VALERIE BURD, Alderman; 5 MR. DEAN WOLFER, Alderman; 6 MR. MARTY MUNNS, Alderman; 7 MS. WANDA OHARE, Alderman; 8 MR. JOSEPH BESCO, Alderman; , 9 MS. ROSE ANN SPEARS, Alderwoman; 10 MR. JOHN CROIS, City Administrator; 11 MS. JACQUELYN MILSCHEWSKI, City Clerk. 12 13 A P P E A R A N C E S: i 14 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue, Suite 380 15 Naperville, Illinois 60563 BY: MR. JOHN JUSTIN WYETH, 16 appeared on behalf of the United ( City of Yorkville, Illinois. 17 18 - - - - - 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: Next on the agenda 3 this evening we do have two public hearings. At 4 this time I would entertain a motion to go into 5 public hearing for the purposes of discussing 6 Tanglewood Development Corporation and Evergreen 7 Farm Estates, LLC request to annex to the United 8 City of Yorkville and rezone from Kendall County 9 A -1 Agricultural to United City of Yorkville R -2 10 One - Family Residence District and for hearing as 11 to the annexation agreement of petitioner. 12 The real property consists of I 13 approximately 48.8 acres at the northeast and 14 southeast corners of Fox Road and Pavillion Road, 15 Kendall Township, Kendall County, Illinois. 16 MS. OHARE: Moved. 17 MR. WOLFER: Second. 18 MAYOR PROCHASKA: Moved and 19 seconded. May I have roll call, please? 20 MS. MILSCHEWSKI: Besco. 21 MR. BESCO: Aye. 22 MS. MILSCHEWSKI: Burd. 23 MS. BURD: Aye. 24 MS. MILSCHEWSKI: James. Depo Court Reporting Service (630) 983 -0030 4 1 MR. JAMES: Aye. 2 MS. MILSCHEWSKI: Munns. 3 MR. MUNNS: Aye. 4 MS. MILSCHEWSKI: Ohare. 5 MS. OHARE: Aye. 6 MS. MILSCHEWSKI: Spears. 7 MS. SPEARS: Aye. 8 MS. MILSCHEWSKI: Wolfer. 9 MR. WOLFER: Aye. 10 MAYOR PROCHASKA: Motion is carried. 11 We are now in public hearing. Is there someone 12 here representing the petitioner? 13 WHEREUPON: 14 BOB NELSON, 15 testified before the Yorkville City Council as 16 follows: 17 MR. NELSON: Good evening. My name 18 is Bob Nelson. I am the president of Tanglewood 19 Development Corporation, LaFox, Illinois. 20 I am here tonight to talk about 21 a 49 -acre project we have at the corner of Fox 22 Road and Pavillion. We are calling it Evergreen 23 Farm Estates and we are asking for a change in 24 zoning from agriculture to R -2. Depo Court Reporting Service (630) 983 -0030 5 1 You can see with the yellow 2 area there, the outline, the Fox bisects the 3 property, and the property is bounded on the I 4 front by the train tracks. Just go to the next 5 one. 6 We made a number of changes to 7 the plan over the last few months; this is the I 8 latest variation. 9 As you can see, there are 10 roughly 76 -- there are 76 lots, they are 12,000 11 square foot minimum, and the plan includes the 12 50 -foot buffers that are requested along Fox Road I 13 and Pavillion, and has additional road stubs to 14 connect to possible future development areas. 15 MAYOR PROCHASKA: Okay. Is there 16 anybody here that would like to -- I guess I'll J 17 ask you, are you done? 18 MR. NELSON: Unless there are any 19 questions. 20 MAYOR PROCHASKA: Would anybody like 21 to pose questions or give testimony to the City 22 Council? 23 We are actually here to talk a 24 little bit about their -- the actual agreement Depo Court Reporting Service (630) 983 -0030 6 1 that they have submitted that's been on display. 2 I don't know if you came in and looked at it. 3 Does anybody have any questions 4 or comments? Please come forward, state your 5 name. 6 WHEREUPON: 7 TOM GILMORE, 8 testified before the Yorkville City Council as 9 follows: 10 MR. GILMORE: My name is Tom 11 Gilmore, 23 Fox Glen Drive, and we will be ; 12 neighbors with Tanglewood Development. 13 We've got a couple of 14 questions. First of all, overall comment, much 15 improved over the first rendition that we had 16 seen. We applaud you for making the effort. i 17 We have a couple of questions 18 that we would kind of like to have on the record. i 19 In the drawing that I had seen, or the plat, 20 there were several lots or areas that we had some 21 questions on and wanted to ask and get on record 22 just exactly what, in fact, they are, and I don't 23 know if you have your lots numbered -- I I 24 MR. NELSON: Yes. Depo Court Reporting Service (630) 983 -0030 7 1 MR. GILMORE: -- as they were on the 2 plat that I picked up at the City and made a copy 3 of, but lots 59 and 33 -- and I am calling them a 4 lot, I think they are -- actually think they are 5 a continuation of the setback or easement from 6 the road. 7 MAYOR PROCHASKA: Is that the 8 frontage area along the Fox? 9 MR. GILMORE: Yeah, I believe it is, 10 but it was numbered. 11 MAYOR PROCHASKA: Right. That's 12 what you are talking about? I i 13 MR. GILMORE: Right. And just a 14 question, if, in fact, it is a lot or is it a I 15 50 -foot setback off of Fox Road and Pavillion 16 Road? 17 I think -- can I -- the issue 18 really has to do with the creation of a plat. 19 Any area in the property that we are bringing in 20 for zoning has to have a lot number, and these 21 identified areas that are the buffer areas along 22 Fox Road, they are not buildable. 23 MR. GILMORE: Okay. I shouldn't 24 talk. Number two, I also was wondering lot Depo Court Reporting Service (630) 983 -0030 8 1 numbers 32 and 81, which are retention or 2 depressions I am assuming, once again, on the 3 drawing or plat that we have, we didn't see any 4 elevations representing a depression as it is 5 assumed to be. rf 6 MR. NELSON: These two areas are on 7 the plat that he has, these are both stormwater 8 detention areas. 9 MR. GILMORE: Okay. That's it. 10 Several more. I will run through these quickly 11 here. 12 Are there -- Is it required to 13 register covenants -- 14 MR. NELSON: Yes. 15 MR. GILMORE: -- at this time? 16 MR. NELSON: No. Oh, no, not at 17 this time. 18 MR. GILMORE: Okay. And would it be i 19 possible for people to take a look -- 20 MAYOR PROCHASKA: Well, covenants 21 are a private issue and the City does not -- 22 MR. GILMORE: That's what I'm ,r! 23 saying. I didn't know if the City had anything 24 to do with that. Depo Court Reporting Service (630) 983 -0030 9 1 MR. WYETH: Depending on the nature 2 of the homeowner's association, we may want to 3 take a look at what they're doing. 4 In this one I think we only 1 5 maintain public areas. 6 MR. NELSON: Correct. 7 MR. WYETH: There are pond areas, 8 and that's the sole purpose of the homeowner's 9 association, and we will require that you do have 10 homeowner's. 11 MR. NELSON: Correct. 12 MR. GILMORE: You will have a i i 13 homeowner's association. I 14 MR. NELSON: We will have a 15 homeowner's association to maintain the detention 16 and open space. The rest of the requirements for 17 houses will fall under the ordinances of the 18 City. Moving right along, almost done. 19 MAYOR PROCHASKA: Can you come up to 20 the microphone, please? 21 MR. GILMORE: Are you going to be 22 the developer or are you going to sell the lots? 23 MR. NELSON: I won't guarantee we 24 will be the builders, I would be foolish to say Depo Court Reporting Service (630) 983 -0030 10 1 that, but it is our intention to be the builders 2 and developers of the property. 3 MAYOR PROCHASKA: Okay. 4 MR. NELSON: And one final question, 5 actually two questions. This was a PUD as it 6 came out of Planning, and what oversight at this 7 point will the City have over what we are seeing 8 is what we're going to get? 9 MAYOR PROCHASKA: Correct. You are i 10 here this evening for the annexation agreement, 11 which is the document that oversees this r 12 annexation, so there is an agreement that they I 13 would sign with the city that talks about various 1 1 , 14 things in their development, so it's not a PUD, 15 but it's still an annexation agreement, and if -- 16 remember, one of the things that was discussed 17 about this, one of the things we looked at, was 18 we did want to set some precedent as these areas 19 develop because we are looking at stormwater and 20 screening and whatever, and by doing an 21 annexation agreement, it does set a precedent as 22 opposed to a PUD, which would not, because that 23 looks at it as a very unique situation. 24 We are saying as these Depo Court Reporting Service (630) 983 -0030 11 1 properties develop down here, we want that 2 precedent set about dealing with the storm water. 3 But there is an agreement that goes with it. 4 MR. GILMORE: That wasn't the only 5 issue that we had with several of the 6 developments either, but we just wondered if it 7 kind of like floated away after tonight or if 8 there is going to be more. i 9 MAYOR PROCHASKA: Actually the 10 hearing is for the annexation agreement. I 11 MR. GILMORE: Okay. Do there 12 have -- Is there going to be a deceleration lane I 13 to accommodate traffic on Fox Road? 14 MAYOR PROCHASKA: Well, again, that 15 is dealing with planning and engineering -- 16 MR. GILMORE: Okay. 17 MAYOR PROCHASKA: -- and dealing 18 with the county, that's a county road at that 19 point, so we will do what the county asks. 20 MR. GILMORE: Okay. I don't think 21 there is any other questions. Thank you. 22 MAYOR PROCHASKA: Thank you. Is 23 there anyone else? Yes. 24 WHEREUPON: Depo Court Reporting Service (630) 983 -0030 12 1 DERVIN ALLEN, 2 testified before the Yorkville City Council as 3 follows: 1 4 MR. ALLEN: Dervin Allen. I thought 5 that this has to come in as an R -2 and not as a 6 PUD. 7 MAYOR PROCHASKA: Correct. i 8 MR. ALLEN: And that is what it's i 9 going to come in as, the overriding request is, 10 is a straight R -2 zoning? 11 MAYOR PROCHASKA: That is what they 12 are requesting, yes. 13 MR. ALLEN: I just wanted to clarify 14 that because I had thought it was recommended 15 from Planning that it be coming in as a PUD, and 16 I see that they did not ask for that, they have 17 asked for a straight R -2 zoning. 18 MAYOR PROCHASKA: And as I said, we 19 have discussed that, and again, because the 20 PUD -- in this case, they are not asking the City 21 for any variances, any variances off our 22 ordinances, so they are looking at doing -- 23 MR. ALLEN: Exactly. 24 MAYOR PROCHASKA: -- that and more, I Depo Court Reporting Service (630) 983 -0030 13 1 and so what we are saying is, we are talking to 2 them in this agreement, and actually I'll touch 3 on this a little bit later, there are some things 4 that you will see are in here, but there are -- 5 for development purposes that we do actually want 6 to set a precedent, and the PUD would be 7 considered unique. Okay? Correct, Mr. Attorney? i 8 MR. WYETH: Yes. 9 MAYOR PROCHASKA: Is there anyone 10 else? 11 (No Response) 12 MAYOR PROCHASKA: Is there anyone 13 from the Council that would like to say 14 something? Yes, ma'am. Alderman Spears. 15 MS. SPEARS: I have a couple of 16 questions. In reviewing your agreement here, I l 17 am not seeing any fire district fees listed. I 18 MAYOR PROCHASKA: The what? 19 MS. SPEARS: Fire district fees. i 20 MAYOR PROCHASKA: I asked the 21 attorney about that, and there will be an exhibit 22 of all fees. 23 MR. WYETH: We are doing fees on the 24 exhibits now, Alderman Spears. Depo Court Reporting Service (630) 983 -0030 14 1 MS. SPEARS: Oh, okay, because they 2 do have parks and school. 3 MR. WYETH: That's where the land 4 has a specific provision, these kind of homes, it 5 will be an exhibit, different lots, so we'll do 6 that as an exhibit number and try to break each 7 down. 8 MS. SPEARS: Okay. ,So it will be 9 attached to it when we do vote and everything? 10 MR. WYETH: When we receive it, yes, 11 ma'am. 12 MS. SPEARS: So it will be attached. 13 Another question, historical street name? Did 14 you select one? Is there one on your -- 15 MR. NELSON: Yes, we did. 16 MS. SPEARS: Okay. Would it be 17 Alexander Road? 18 MR. NELSON: Yes. 19 MS. SPEARS: Great. 20 MAYOR PROCHASKA: And that's 21 something we would look at when we approve the 22 plat, preliminary plat. 23 MS. SPEARS: Okay. I just wanted, 24 before they had everything laid out and all the Depo Court Reporting Service (630) 983 -0030 15 1 names and everything, I thought maybe we would 2 give them fair warning. 3 And also I believe that all the 4 developers are going to meet tomorrow, is that 5 correct, and discuss the collective funding 6 agreements? 7 MR. NELSON: That's correct. 8 MS. SPEARS: And you are a part of I 9 that, correct? I 10 MR. NELSON: Yes. 11 MS. SPEARS: Okay. We will be very 12 interested in hearing the results of the meeting. 13 That's all I have. 14 MAYOR PROCHASKA: Anyone else? 15 (No Response) 16 MAYOR PROCHASKA: One of the things 17 I did want to point out was, as Alderman Spears 18 kind of alluded to, all the language is not there 19 yet for the infrastructure issues, and we will be 20 talking about water, sewer, and streets, 21 perimeter streets and access streets, so those 22 will need to be included in here. 23 Also, one of the things I did 24 want to point out that, again, Alderman Spears, Depo Court Reporting Service (630) 983 -0030 16 1 you kind of alluded to, was if you look, the land 2 cash fees are the only ones that are specifically 3 named here, and I want -- just so people 4 understand, for the school, that $4,392, that is 5 just the land cash. 6 There is also per unit. There 7 is also the $3,000 transition fee per unit that 8 goes on top of that, so in this particular 9 development, they will be looking at paying i 10 almost $7400 per home to the schools. 11 MS. SPEARS: Can I make one more i I 12 request? I i 13 MAYOR PROCHASKA: Yes. 14 MS. SPEARS: Could you possibly 15 number the pages on your document -- 16 MR. NELSON: Sure. 17 MS. SPEARS: -- so if we have to 18 refer to a certain page? Thank you. 19 MAYOR PROCHASKA: Is there anyone 20 else that would have any comments? i 21 (No response) 22 MAYOR PROCHASKA: Sir, did you have 23 any final comments? 24 MR. NELSON: Not at this time. Depo Court Reporting Service (630) 983 -0030 17 1 MAYOR PROCHASKA: Okay. With that, 2 I would entertain a motion to close the public 3 hearing. 4 MR. NELSON: Thank you. 5 MS. SPEARS: So moved. 6 MS. BURD: Second. 7 MAYOR PROCHASKA: Moved and 8 seconded. May I have roll call,.please? 9 MS. MILSCHEWSKI: Burd. I 10 MS. BURD: Aye. 11 MS. MILSCHEWSKI: James. 12 MR. JAMES: Aye. 13 MS. MILSCHEWSKI: Munns. I 14 MR. MUNNS: Aye. 15 MS. MILSCHEWSKI: Ohare. 16 MS. OHARE: Aye. 17 MS. MILSCHEWSKI: Spears. I8 MS. SPEARS: Aye. 19 MS. MILSCHEWSKI: Wolfer. 20 MR. WOLFER: Aye. 21 MS. MILSCHEWSKI: Besco. 22 MR. BESCO: Aye. 23 MAYOR PROCHASKA: Motion is carried. 24 Next I would entertain a motion Depo Court Reporting Service (630) 983 -0030 18 1 to go into public hearing to discuss the Midwest 2 Development, LLC request to annex to the United 3 City of Yorkville and rezone from Kendall County 4 A -1 Agricultural to United City of Yorkville R -2 5 One - Family Residence District, and for hearing as 6 to the annexation agreement of the petitioner. 7 The real property consists of 8 approximately 102.75 acres on Fox Road east of 9 High Point Road, Kendall Township, Kendall 10 County, Illinois. 11 MR. WOLFER: So moved. 12 MS. BURD: Second. 13 MAYOR PROCHASKA: Moved and 14 seconded. May I have roll call, please? 15 MS. MILSCHEWSKI: Besco. 16 MR. BESCO: Aye. 17 MS. MILSCHEWSKI: Wolfer. 18 MR. WOLFER: Aye. 19 MS. MILSCHEWSKI: James. 20 MR. JAMES: Aye. 21 MS. MILSCHEWSKI: Ohare. 22 MS. OHARE: Aye. 23 MS. MILSCHEWSKI: Burd. 24 MS. BURD: Aye. Depo Court Reporting Service (630) 983 -0030 19 1 MS. MILSCHEWSKI: Spears. 2 MS. SPEARS: Aye. 3 MS. MILSCHEWSKI: Munns. 4 MR. MUNNS: Aye. 5 MAYOR PROCHASKA: Motion is carried. 6 We are now in public hearing. Is there someone 7 here representing this petitioner? i 8 WHEREUPON: I 9 GREGG INGEMUNSON, i 10 testified before the Yorkville City Council as 11 follows: 12 MR. INGEMUNSON: We're here to 13 answer any questions regarding engineering, 14 appearing on behalf of Midwest Development. 15 This really isn't much 16 different from the one you just heard. We are 1. 17 asking to rezone from A -1 to straight zoning R -2. 18 We have 102 acres and approximately 170 units, 19 12,000 square foot lots. 20 This is directly east of the 21 subject site that you just heard the presentation 22 on. It's a hundred -- I think we are asking for 23 a hundred acres to rezone to the R -2, and here is 24 the latest plan. Depo Court Reporting Service (630) 983 -0030 20 1 We incorporated a minor 2 collector since the last time we have been before 3 the board here pursuant to the transportation 4 study that will connect to the Gray Bar extension 5 down at the southern end of the development, so 6 that's pretty much it. 7 MAYOR PROCHASKA: Is there anyone 8 that would like to make a comment or ask 9 questions? Yes, sir. 10 MR. ALLEN: Hopefully this is right. 11 I don't mean to block this. You can see the 12 dates and the time line. This is across the i 13 street from where this subdivision is being 14 proposed. 15 First, I would like to thank 16 them. They have worked hard with us. They have � 17 done a nice job with the frontage stuff that the I I 18 City has asked for, they have taken the back i 19 roads off of Fox Street, the same with Evergreen 20 Farm. They did a great job. 21 But one of the reasons that I 22 went to the meeting before, and, again, it was 23 recommended that it come in as a PUD. This is a 24 very unique area in town. I Depo Court Reporting Service (630) 983 -0030 21 1 Within about a three -mile span, 2 you have the highest point in the county, the 3 lowest point in the county, highest point being 4 out at Route 71 and High Point Road, and the Fox 5 River. 6 We do not have adequate 7 drainage up there. It is a problem right now. 8 You see this. Okay? i 9 So this is one of the reasons i 10 that I was looking at the PUD. I understand they 11 are putting retentions in, but we have an 12 existing problem that I want the City Council to 13 know and take into consideration with this. 14 MAYOR PROCHASKA: Okay. Do you want 15 to answer his question or talk about it or -- 16 MR. INGEMUNSON: I just think the 17 engineering, with the retention in there, is 18 going to help the problem, not exacerbate it. I 19 think that's what our engineer would say. 20 MAYOR PROCHASKA: To your question 21 of why it's an annexation as opposed to a PUD, 22 again, that entire area has that issue. 23 It's in that area where it's 24 high at one end and very low at the other end and Depo Court Reporting Service (630) 983 -0030 22 1 sloped in between, and, again, the engineering 2 and the requirements of the City will be that 3 they have to address those issues prior to 4 completing their platting, so that is part of the 5 engineering anyway. 6 The other issue is, again, they 7 may end up needing to do more in there just 8 because they have to address what's coming -- not 9 so much leaving their site, but what's coming on 10 their site from the south. 11 And, again, that will be -- in 12 the annexation agreement will be talked about, 13 that they have to deal -- look at the stormwater. 14 In fact, that's also one of the infrastructure 15 things that we will be talking about with the 16 developers. 17 And, again, what this does, it 18 sets a precedent because the City -- what they 19 may end up having to do is above and beyond what 20 someone might normally do, and that sets the 21 precedent that anybody else that goes out there 22 may have to do the same thing. 23 MR. ALLEN: Just for the record -- 24 MAYOR PROCHASKA: So they won't get j I Depo Court Reporting Service (630) 983 -0030 23 1 out of anything. 2 MR. ALLEN: Okay. That's why I am 3 asking. Just for the record then, the R -2, you j 4 have -- the City Council and the City have just 5 as much control as a PUD? 6 MAYOR PROCHASKA: Correct. For -- 7 When it comes to engineering issues on the 8 development, absolutely. I 9 MR. ALLEN: Lot sizes, everything. i 10 Okay. 11 MAYOR PROCHASKA: Well, the lot 12 size, because it's not a PUD, they cannot go to 13 anything smaller than 12,000, okay? If they had 'I 14 had one lot smaller, then they would have to do 15 something else, but it is -- all lots have to 16 meet the minimum of the City. 17 MR. ALLEN: Sure. So just for the 18 record, where I feel that -- I have walked all 19 this land heavily, and the railroad tracks that 20 is to the south of this property, it's to the -- 1 21 that butts up to Tanglewood, is actually a dike 22 that was built at the turn of the century. 23 It does not have adequate 24 drainage underneath. That is why we have this Depo Court Reporting Service (630) 983 -0030 24 1 here. That is all back -up from the railroad 2 tracks. 3 So I would like the engineering 4 to look at that, and we need to put a drain 5 underneath that because it is a dike. 6 MAYOR PROCHASKA: Thank you. 7 MR. ALLEN: Thank you. 8 MAYOR PROCHASKA: Anyone else that w 9 would like to make a comment? Yes, sir. r 10 MR. GILMORE: Tom Gilmore again. 11 Just one question actually. This area right 12 here, will this be like a buffer or are you going 13 to put a berm there or -- i 14 MR. INGEMUNSON: There is no lots 15 there, so -- 16 MR. GILMORE: There is no lots, i 17 that's correct, but I mean, one thing we were 18 curious about, is there going to be a berm there 19 or something, you know, something -- 20 MR. INGEMUNSON: Well, I think when 21 we go through the process, if the City requests 22 landscaping berms, we will do whatever they 23 request. 24 At this point I'm not sure -- Depo Court Reporting Service (630) 983 -0030 25 1 There is nothing showing there's going to be a 2 berm there right now, so that goes more to 3 engineering I believe than this. 4 WHEREUPON: 5 PETE HUINKER, 6 testified before the Yorkville City Council as 7 follows: 8 MR. HUINKER: Pete Huinker, Smith 9 Engineering. As Gregg stated, most likely in 10 that area it's -- right now it's in the concept 11 plan stage. We are anticipating we will probably 12 have some berms and combination of berms and 13 landscaping along there with trees and shrubs and 14 things like that. 15 MR. GILMORE: And can I also ask how 16 many builders? 17 MAYOR PROCHASKA: Just before you go 18 to your next question, for the aldermen that may 19 not have seen where he is pointing to, if you 20 look at the map there, it looks like an elongated 21 lot to the north of the very first road that 22 comes off that main road. He was pointing to 23 that lot that would back up to Fox Road. So just 24 so we are clear where you are pointing. Go i i Depo Court Reporting Service (630) 983 -0030 26 1 ahead. 2 MR. GILMORE: And another, same 3 question, how many builders will be involved -- 4 MAYOR PROCHASKA: Sir, can you speak 5 into the microphone? 6 MR. GILMORE: How many builders will 7 be involved with your development? Are the 8 lots -- 9 MR. INGEMUNSON: We'rq not 10 looking -- I know they want to build some on 11 their own, we're not sure at this point. 12 MR. GILMORE: I'm just curious. 13 MR. INGEMUNSON: At this point it 14 depends on a lot of factors, how many we're going 15 to be able to build, we're not sure what they are 16 going to recommend, so I can't really answer your 17 question other than they want to build some 18 there. 19 MR. GILMORE: And also, same 20 question we asked Tanglewood, do you have to 21 register your covenants? 22 MR. INGEMUNSON: We're going to have 23 covenants. They're going to have covenants, 24 absolutely. Depo Court Reporting Service (630) 983 -0030 i 27 1 MR. GILMORE: Same question, 2 homeowner's association? 3 MR. INGEMUNSON: Yep, for common 4 areas. 5 MR. GILMORE: Okay. I think that's 6 all. Thank you. 7 MAYOR PROCHASKA: Thank you. Is 8 there anyone else? 9 (No Response) 10 MAYOR PROCHASKA: Are there any 11 comments from the Council? Oh, I'm sorry. Yes, 12 sir. Come forward. 13 WHEREUPON: 14 ROB THUROW, 15 testified before the Yorkville City Council as 16 follows: 17 MR. THUROW: Rob Thurow, 10 Fox Lane 18 Drive. I live right on Fox street and Fox Glen, 19 right on the corner there, and I was just 20 curious, on your drawing, is Lot 1, is that -- is 21 that a house that would be on the southeast or is 22 that an open lot, would be my first question. 23 MR. INGEMUNSON: When you say 24 Lot 1 -- Depo Court Reporting Service (630) 983 -0030 28 1 MR. THUROW: This one right here. 2 MR. INGEMUNSON: That will be -- i 3 that's a lot. That's a platted lot. +, 4 MR. THUROW: For a house to be built i 5 on? 6 MR. INGEMUNSON: Yes. I 7 MR. THUROW: And I understand on 8 this side it's a ten -foot buffer. There is no 9 houses there; is that right? I i 10 MR. INGEMUNSON: That's right, no 11 houses. 12 MR. THUROW: Just a thought to 13 interject here, the lot would be directly right 14 across from the buffer, but a nice entrance 15 coming in, just the thought that there would be 16 no house there, it would be a nice entrance to 17 compensate to be consistent with what they have 18 on the next -- right across there. 19 And my second question is about 20 the annexation of this, and the Evergreen Farm is 21 bringing sewer and water out. 22 Do you know which side of Fox 23 street that's going to come on, whether it's 24 going to come on the north side or on the south Depo Court Reporting Service (630) 983 -0030 i 29 1 side at this time? 2 MAYOR PROCHASKA: Okay. Well, our 3 public works guy is -- 4 WHEREUPON: 5 ERIC DHUSE, 6 testified before the Yorkville,City Council as 7 follows: } I 8 MR. DHUSE: From the preliminary I 9 plan, it actually comes on the side, so the 10 south side of Fox Road. 11 MR. THUROW: Do you know where it 12 cuts across? I 13 MR. DHUSE: I believe it is east li 14 of -- I believe it is on the south side along Fox 15 Road. 16 MR. THUROW: Thank you very much. I 17 That's my questions. I 18 MAYOR PROCHASKA: Is there anyone 19 else? 20 MR. JAMES: I do. 21 MAYOR PROCHASKA: Yes. 22 MR. JAMES: I have a question about 23 the existing flooding. I was curious what 24 stormwater controls are in place right now to i Depo Court Reporting Service (630) 983 -0030 i 30 1 prevent flooding and what's failed, you know, and 2 why is the land flooding now. 3 Is there stormwater controls in I 4 place right now and that's what's failed, or once 5 the development goes in with the stormwater s 6 controls that you put in place, this probably 7 -would improve the flooding problem, wouldn't it? 8 MR. INGEMUNSON: Well, we think it a 9 will improve the flooding problem. I did hear -- 10 There is something about a railroad -- he's going 11 to know a little bit more about this. But there I 12 is an old railroad down there, there is a smaller 13 area where the water can't get through. That's i i 14 my -- 15 MR. JAMES: So they designed -- 16 MR. INGEMUNSON: That's my i 17 understanding, but that's a hundred years ago 18 that they put that in. 19 MR. ALLEN: There is no engineering 20 and design done right now, none, out there, other 21 than turn -of- the - century when the railroad was 22 built. Okay? 23 The picture that I had up 24 there, the railroad wasn't causing that. That Depo Court Reporting Service (630) 983 -0030 31 1 was natural run -off from Route 71 down to Fox. 2 Okay? 3 And I have been through this / 4 with engineers, too, okay? I am not one and I 5 won't claim to be one, but any time you blacktop, 6 add density where water cannot be absorbed, you 7 increase run -off. 8 That's why the developers have i 9 to put in retaining ponds, so they are not 10 increasing their run -off, but this is not going 11 to take care of the existing problem. 12 MAYOR PROCHASKA: Okay. First of 13 all, we don't know that until the engineering is 14 done, so that will be an engineering issue that 15 again, from the city's point of view, I think we 16 would be looking at the engineering to maintain, 17 first of all, the sheet run that would come onto 18 this property because that's something -- in 19 fact, we have talked to the engineers about, that 20 they are going to have to look at because of the 21 fact that the water is coming down a hill. 22 So they have to look at what's 23 coming onto their property as well as what's 24 coming off. Depo Court Reporting Service (630) 983 -0030 32 1 MR. ALLEN: And, again, if that 2 water is taken care of, and I do -- the drainage 3 underneath the railroad tracks is inadequate. 4 The county just put in a pipe 5 at High Point Road. I talked to the engineer at 6 the county and he says it's not adequate. That 7 was just something to try to get a little bit I 8 more going, okay? 9 And there are only a few pipes 10 that are under that railroad tracks, and there is 11 some of them that are there that have been torn 12 out and replaced that were old cattle crossings 13 that are on the high part of the land, no water 14 even goes through them, so -- 15 MR. JAMES: So these are all things 16 that will be addressed with the engineering. 17 MR. INGEMUNSON: We can't do 18 anything with the railroad pipes because that's 19 not -- we have -- that's not our property. 20 MR. JAMES: It's not on this piece 21 of land is what you're saying. 22 MR. INGEMUNSON: That's nothing we 23 can affect unfortunately. 24 MR. DHUSE: I do think our engineer, I Depo Court Reporting Service (630) 983 -0030 33 1 EEI, is looking at this as a regional, so that is 2 just a lot more relief than one at a time. 3 They are looking at the whole 4 region from Route 71 from the head of the 1 5 watershed out, so that will aid the design 6 criteria for these subdivisions. 7 MAYOR PROCHASKA: That would be part 8 of that discussion when we get all those 9 developments together. 10 Anyone else? 11 (No Response) 12 MS. SPEARS: I was just going to ask 13 that you number your document. 14 MR. INGEMUNSON: I knew it. I'll 15 get it done. 16 MS. SPEARS: And historical street l 17 names, keep that in mind. 18 MR. INGEMUNSON: I think my dad's 19 name is already taken, so we can't do that. 20 MS. SPEARS: Thank you. 21 MAYOR PROCHASKA: And just a 22 reminder, there will be a fee sheet attached to 23 this project also. At this time all you are i 24 seeing is something for parks and schools, so Depo Court Reporting Service (630) 983 -0030 I 34 1 additional fees will be. 2 MR. INGEMUNSON: Thank you. 3 MAYOR PROCHASKA: If there is no i I 4 further discussion, I would entertain a motion to 5 close the public hearing. 6 MS. OHARE: So moved. 7 MS. BURD: Second. I 8 MAYOR PROCHASKA: Moved and 9 seconded. May I have roll call, please? i 10 MS. MILSCHEWSKI: Munns. 11 MR. MUNNS: Aye. 12 MS. MILSCHEWSKI: Besco. i 13 MR. BESCO: Aye. j I 14 MS. MILSCHEWSKI: Wolfer. 15 MR. WOLFER: Aye. 16 MS. MILSCHEWSKI: James. 17 MR. JAMES: Aye. 18 MS. MILSCHEWSKI: Ohare. 19 MS. OHARE: Aye. 20 MS. MILSCHEWSKI: Burd. 21 MS. BURD: Aye. 22 MS. MILSCHEWSKI: Spears. 23 MS. SPEARS: Aye. 24 MAYOR PROCHASKA: Motion is carried. Depo Court Reporting Service (630) 983 -0030 35 1 (Which were all the 2 proceedings had in 3 the public hearing w 4 portion of the 5 meeting.) 6 --- 000 - -- 7 i i 8 g a 9 10 11 12 I 13 I 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 35 1 (Which were all the 2 proceedings had in 3 the public hearing i a 4 portion of the 5 meeting.) 6 --- 000 - -- 7 I 8 9 10 11 12 , 13 i 14 15 16 l 17 18 19 , i 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 36 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; 1 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 i 13 proceedings had at the said public hearing. i I 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this __J Etn_ day of 16 2006. i= - - - - - -- ---- - - - - -- - - - -- 17 18 19 20 -- CHRISTINE M. VITOSH, C.S.R. , 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 For K o do The Yorkville Referendurn Carm°Njtec The children of today are tomorrow's leaders ... The Yorkville Referendum Committee is comprised of residents of School District 115 who have come together to support the School District's decision to place two referenda on the March 21st ballot. We've compiled some information on why these referenda need to pass that we'd like to share with you. 1 The Yorkville VOT Referendum Committee $56 million bond for the is requesting you Yorkville CUSS #115 Building Fund to vole YES E C J twice 63 cent increase for the on the March 21, 2006 4 Yorkville CUSD #115 Education Fund ballot. VOTE These are the two questions that Yorkville CUSD #115 placed on the March 21st referenda. 2 Why does District 115 need these increaswb f7l, f � Residential growth = � more children to educate. --- • We need more schools to educate our children We need to upgrade existing schools Our schools need more programs, more books, more teachers, aides, etc. I Under- funded Federal and State mandates, inadequate state funding of schools, increasing energy and healthcare costs and other expenses have left our school district with a $4 million deficit. Because the referenda placed on the ballot last year failed, the school district is facing a crisis. The number of students coming into the school district is increasing at an alarming rate. We have to respond to this increase. School districts are funded mainly through property taxes in the State of Illinois. That means that School District 115 relies on your real estate taxes, and those of business and industry, to pay for our students' educations. Under this current state funding method, 70% of Illinois schools are facing deficits. The State is rated at the bottom, 48th in the nation, for its method of funding public education. State legislation, such as tax caps, and reassessment caps, and property tax appeals have hurt Illinois public schools even more. 3 What • e- • • votes The Citizen's Advisory Committee - -, -_ -- recommends 4 new schools be built in the next 4 years and existing schools be renovated at a cost of $5 r oul u _ 3 .Y l "I- Greg Millen, president St. Joseph Cabinetry & Design 1985 graduate, Yorkville High School A group of residents volunteered two years ago to sit on a Citizen's Advisory Committee for the School District. After analyzing the rate that our school district is growing, this committee reviewed what is happening in our schools. They looked at curriculum, class sizes, and buildings, and came up with recommendations. Among their recommendations was a building program that included two new kindergarten through 6th -grade schools, one middle school, and one intermediate school. The committee also recommended that the current middle school be changed to a high school building, and included with the existing high school in a high school campus. Upgrades also were recommended for our existing buildings to bring them up -to -date. All of these recommendations will be accomplished by voters passing the first referendum question for a $56 million building bond. Oswego's school district spent $70 million on one school. Yorkville has negotiated with a developer to building one of the needed elementary schools, so for $56 million, school district residents will be getting 3 schools and upgrades to all existing schools. That's a very frugal use of taxpayers' money. 4 rx . The Advisory, Committee recommends: - beeping and expanding our schools' current curricWum and teaching staff; - - adding flee i programs Erin Sega, Actress To keep our students Off - Broadway Productions, New York competitive: 1997 graduate, Yorkville High School - instituting class size guidelines The Education Fund allows the School District to pay to hire teachers and teachers' aides, to buy books and technology. The Citizens Advisory Committee recommended improving academic and co- curricular programs. They suggested adding conversational foreign language programs like those found in many other school districts. They suggested additional enrichment opportunities, such as a program for gifted /talented students, and they advocated keeping class sizes under 25 students per teacher. If voters approve the 63 -cent tax rate increase for the Education Fund, the school district will be able to maintain existing programs, add new programs and keep classes sizes in -line with state recommendations. $1.5 million is need, alone, to staff and furnish the new Grande Reserve School with teaching supplies. Without this money, this new school won't be able to open its doors. 5 Smaller class sizes allow students to get the attention pro- they need f _ to learn and to succeed. J a 3. Greg Millen, president St. Joseph Cabinetry & Design _. _ 1985 graduate, Yorkville High School Some of the classrooms now have more than 40 students in them. This is well over the recommended average number of students for optimum teaching. (play clip) This kind of attention to individual students is not possible, even by the best teachers, when there are 40 children in a classroom. If the Education Fund request passes, the School District will be able to set classroom guidelines that will keep the classes at an average of 22 students. 6 I i Extra curricular sports programs teach our kids - leadership - discipline Jonathan Sebby, Bristol- Kendall Fire Dept. - organizational skiHs 2004 graduate, Yorkville High School -team Work - perseverance W s ow Wflat you get for • votes If the Education Fund referenda passes, the School District will be able to maintain the extra- curricular sports programs that are so vital to the life of not only students, but he community itself. Sports programs not only enhance the students' lives, but they bring the community into the school system as spectators and supporters. 7 What yo)ggetfor-'� �myl"EQvotesom Extra Curricular Band & Music opportunities ; enrich students' lives Erin Sega, Actress Off- Broadway Productions, New York 1997 graduate, Yorkville High School Music and art are not "extra ", really, They are essentials. If the Education Fund referenda passes, it will ensure that these vital programs are maintained -- Programs like Madrigals and chorus, and band. If the referenda are not approved, its likely that all school buildings will be closed by 6 p.m. to conserve on energy costs. No more concerts. 8 • Our district spends $2,000 less than the state r average to educate a ' child; • Our teachers' and administrators' salaries Yorkville community are $5,000 to $9,000 Unit School District below the state average 115 has used your tax pay rate; dollars responsibly. • We have less administrators than the state average. Yorkville's cost per child is $6,970, compared to the state average of $8,786. Yorkville's teachers' salaries average out at $46,968, compared to the state average of $55,558. Yorkville administrators' salaries average out at $92,785, compared to the state average of $97,051. Our ratio of administrator to student is 264 students per administrator, compared to a state average of 210 per administrator. 9 Yorkville's school transition fee � $3,000 per nevi YorkvMe, Montgomery home and Plano's efforts to - Bristol-Sanitary bistrict fee make developer's "pay 2: $1,400 per unit their way" can't . A building perniiT costs $650 overcm inadequate. state fundi plus 20 cents a square pi.-- `- schools. . bevd0pifflent fees are $2,800 per unit The municipalities are requiring developers "to pay" upfront. But all of these fees have to be defendable in a court of law. Even though developers are paying up to $13,000 per house to build in our community, only a portion of this money goes to the school district. It costs $7,000 annually to educate one child. There is a delay in time before new property tax revenue from these new residents are fully collected; tax caps also keep school districts from fully realizing the increase that new residents' property taxes could have added to school coffers. 10 School District 115 is doing all that it can _ _ _T —_ to meet the growth T that is flooding our schools. 04 One of the first school districts in the State to have a developer build an elementary school - ��,� Grande Reserve. Capt. James Jensen, Oswego Police Dept. * Used money from 1988 graduate, Yorkville High School previous referenda wisely and honestly, School District 115 is responding to the growth. Working with the City of Yorkville, and with Castle Bank, the School District became one of the first district's in the state to have a developer build a new school. This was done without having to go to a referendum and asking for more money. Now we have the school. The School District has shown that it is reponsible with taxpayers' money, and that it is willing to "think outside the box" to make every dollar count. But there is only so much the school district can do. 11 Please vote YES! YES! For Yorkville's kids! www vesvesforvorkvillekids. ora The Referendum Committee The Referendum Cow aBlee is asking you to support a resolution in favor of the referenda, and please, Questions? Comments? vote YES! YESI Want to volunteer to help? for Yorkville's kids! This is where the voters now have to stand up and support our school district. We are asking for your help, for our children. Help School District 115 maintain quality education for Yorkville's kids. 12 THE UNITED CITY OF YORKVILLE RESOLUTION NO. : A RESOLUTION IN SUPPORT OF CUSD #115'S MARCH 21, 2006 SCHOOL REFERENDA WHEREAS, the United City of Yorkville is located within a county currently experiencing rapid residential growth; and WHEREAS, this rapid residential growth has led and will in the future lead to an increased demand for more services, including more schools, more teaching staff, and more school supplies, for children residing within the United City of Yorkville's boundaries; and WHEREAS, existing schools also require upkeep and expansion and money to meet the rising costs of operating existing and future schools; and I WHEREAS, the quality of education in a community directly affects the quality of life of its residents; and WHEREAS, the Yorkville Community Unit School District 115, to meet the increased demands placed on it by a growing student population, has placed two referenda on the March 21st 2006 ballot for voter approval; and j WHEREAS, these two referenda ask voters within Yorkville Community Unit School District 115 to raise the Education Fund tax rate by 63 cents and to pass a $56 million building bond to provide for the building of new schools and the renovations of existing schools; NOW, THEREFORE, be it and it is hereby Resolved as follows: That the Mayor and City Council of the United City of Yorkville do hereby support the two referenda placed on the March 21st ballot by Yorkville Community Unit School District 115 and do encourage all residents of the United City of Yorkville to also support these referenda for the benefit of all residents and businesses of our City. ENACTED this day of , 2006, at Yorkville, Illinois. UNITED CITY OF YORKVILLE BY: MAYOR i ATTEST: CITY CLERK AYES: NAYS: ABSENT: r ) ABSTAINING: HOLDING OFFICE: i F 1 i I i ROBERT'S RULES QUICK GUIDE (Version 1/10/06) I. Main Motion , II. Subsidiary Motions i -- Postpone Indefinitely -- Amend - -Refer to a Committee -- Postpone to a Certain Time - -Limit or Extend Debate -- Previous Question - -Lay on the Table III. Privileged Motions -- Orders of the Day - -Raise a Question of Privilege -- Recess I -- Adjourn ` - -Fix a Time to Adjourn IV. Incidental Motions V. Motions to Bring a Question before the Body Again DESK GUIDE Version Dated 1.10.2006 Parliamentary Procedures (Page Citations are to Robert's Rules of Order, 10 Edition, Perseus Pub., Oct 2000) HANDLING A MOTION (Sec. 4, Pages 31— 54) i Three steps to bringing a motion: 1. A member makes the motion i 2. Another member seconds the motion 3. The chair states the question on the motion Three further steps in consideration of the motion: I 4. Members debate the motion 5. The chair puts the question to a vote 6. The chair announces the result of the vote DESCRIPTIONS AND CLASSIFICATIONS OF MOTIONS (Generally Sec. 6 pgs 59 — 76, Detail found in Sections 10 — 37, Pages 95 -- 324) i I 1. MAIN MOTION General Description in Section 6 (pg 59), Detailed Description in Section 10 (pgs 95 - 120). "A main motion is a motion whose introduction brings business before eh j assembly." "Amain motion can only be made when no other motion is pending." Page 59 2. SUBSIDIARY MOTIONS (7) General Description in Section 6 (pgs 60 -64), Detailed Description in Sections 11 - 17 (pgs 121 — 210). 1. Postpone Indefinitely (pg 60, and Section 11, pgs 121 -124) "Motion that the assembly decline to take a position on the main question Its adoption kills the main motion and avoids a direct vote on the question. It is useful in disposing of a badly chosen main motion that cannot be either adopted or expressly rejected without possibly undesirable consequences. " (pg 121) 2. Amend (pg 60, and Section 12, pgs 125 -159) "A motion to modify the wording —and within certain limits the meaning —of pending motion before the motion itself is acted upon." (pg 125) 3. Refer to a Committee (pg 61, and Section 13, pgs 160 -171) i "Motion used to send a pending question to a relatively small group of selected Persons — a committee — so that the question may be carefully investigated and Put into better condition for the assembly to consider" ft 160) 4. Postpone to a Certain Time (pg 61, and Section 14, pgs 172 -182) "Motion by which action on a pending question can be put off, within limits, to a Definite day, meeting, or hour, or until after a certain event. " ft 172) 5. Limit or Extend Debate (pg 61, and Section 15, pgs 183 -188) " One of two motions (the other being Previous Question) that can exercise special control over debate on a pending question or a series of questions: 1) limit number of speeches, 2) set an ending time." Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7; 4 of 6; 4 of 5) (Pg 183) 6. Previous Question (pg 61, and Section 16 pgs 189 -200) "Motion to immediately close debate to take a vote on one or more pending questions One of two motions (the other being Limit or Extend Debate) that can exercise special control over debate on a pending question or a series of questions" Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7; 4 of 6; 4 of 5) (Pg 189) i i 7. Lay on the Table (pg 61, and Section 17, pgs 201 -210) i "Motion enables the assembly to lay the pending question aside temporarily when Something of immediate urgency has arisen, in such a way that: 1) there is no set time for taking the matter up again, but 2) its consideration can be considered at the will of the majority and in preference to any new questions that may be competing with it for consideration. Brought back by a motion to "Take from the Table." (pg 20 1) 3. PRIVILEGED MOTIONS (5) General Description in Section 6 (pgs 64 -66), Detailed Description in Sections 18 — 22 (pgs 211 - 239). Page 64: Unlike Main and Subsidiary Motions, Privileged Motions do not relate to pending business, but have to do with special matters of immediate and overriding importance. 1. Orders of the Day: If the adopted program or order of business is not being Followed, a single member by making a "Call for the Orders of the Day" can require the schedule to be enforced — which will occur unless the body, by 2/3 vote approves a motion to set the orders of the day aside. (Page 64) (Details @ Section 18, Page 211) I i 2. Raise a Question of Privilege: "If a pressing situation is affecting a right or Privilege of the assembly or of an individual member (for example, noise, inadequate ventilation, introduction of a confidential subject in the presence of quests, etc.), a member can "Raise a question of Privilege" which permits him to interrupt pending business to state an urgent request or motion." (Pge 65) "If the matter is not simple enough to be taken care of informally, the chair then makes a ruling as to whether it requires consideration before the pending business is resumed. (Pg 65) (Details @ Sec. 19, page 216) 3. Recess "A short intermission in a meeting, even while business is pending, can be i proposed by Moving to Recess for a specific length of time. (pg 65) Majority Vote ) (Details @ Section 20, page 222) 4. Adjourn: "Terminates the meeting, even if questions are pending by a motion to adjourn. Unfinished business is carried over to the next meeting." (pg 65) Majority Vote (Details @ Section 21, page 225) ` 5. Fix a Time to Which to Adjourn: "The setting of the date, hour and place for the next meeting." I move to Fix the Time to Which to Adjourn. (pg 65) Majority Vote (Details @ Section 22, page 234) 4. INCIDENTAL MOTIONS (11) General Description in Section 6 (pgs 66 - 72), Detailed Description in Sections 23 - 33 (pgs 240 - 288). 5. MOTIONS THAT CAN BRING A QUESTION BEFORE THE BODY AGAIN (4) General Description in Section 6 (pgs 72 -76), Detailed Description in Sections 34 - 37 (pgs 289 - 324).