The URL can be used to link to this page

City Council Minutes 2006 05-09-06 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, MAY 9, 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. I Ward I James Present Leslie Present Ward II Burd Present Wolfer Present (left from 7:10 to 7:13) Ward III Bock Present Munns Present (arrived 7:30) Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Administrator Crois, Assistant City Administrator Olson, City Attorney Wyeth, Police Lieutenant Schwartzkopf, Director of Public Works Dhuse, Director of Park & Recreation Mogel and Community Development Director Miller. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska noted that there would not be an Executive Session. He also stated that Item 42 under the Economic Development Committee Report, the Resolution Approving the Final Plat of Subdivision for Villas at the Preserve is being removed from the agenda. He further noted that the City received a request to postpone the Kleinwachter public hearing however the public hearing will be opened as it was noticed. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, June 5, 2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, May 25, 2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, June 1, 2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M., Thursday, May 11, 2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M., Tuesday, June 13, 2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Certificate of Recognition Mayor Prochaska, Lieutenant Schwartzkopf and Alderman Spears presented Officer Jon Helland with a Certificate of Recognition for his role in the researching and implementation of the Police Cadet Program. Alderman Spears read a letter from the Public Safety Committee commending Officer Helland for his efforts. i The Minutes of the Regular Meeting of the Citv Council — Mav 9.2006 — page 2 PUBLIC HEARINGS Kleinwatcher Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Herb and Pam Kleinwatcher and Old Second Bank Trust 8051, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville B -3 Service Business District and R -2 One - Family Residence District and for hearing as to the Annexation Agreement of the petitioner. The real property consists of approximately 9.81 acres located on Route 47 south of legion Road and north of Ament Road, Kendall Township, Kendall County, Illinois. So moved by Alderman Burd; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to postpone the public hearing until the June 13, 2006 City Council meeting. So moved by Alderman Leslie; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye i Pulte Home Corporation Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Pulte home Corporation, MPLIV 10 LLC, MPLIV 20 LLC and MLH Yorkville, LLC, petitioners, request an amendment to an Annexation and Planned Unit Development Agreement and request a rezoning to increase the areas presently zoned B -3 Service Business District and R -3 General Residence District and to decrease the area presently zoned R -2 One- Family Residence District and to modify the existing Planned Unit Development approved for a part of the real property. The real property consists of approximately 587 acres at the northwest comer of Galena Road and Route 47, in the United City of Yorkville, Kendall County, Illinois. So moved by Alderman Besco; seconded by Alderman Bock. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye MPI #6 South Yorkville, LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing MPI 46 South Yorkville, LLC, petitioner, request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville Planned Unit Development containing R -2 One - Family Residence District, R -2 Duplex Two - Family Residence District, R -3 General Residence District, R-4 General Residence District and B -2 General Business District. The real property consists of approximately 916.44 acres east of Immanuel Road, north and south of Ament Road, west of Route 47 and north and south of Walker Road, Kendall Township, Kendall County, Illinois. So moved by Alderman James; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 Wolfer -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye Please see attached Report of Proceedings by Christine Vitosh, C.S.R from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to postpone the public hearing until the June 13, 2006 City Council meeting. So moved by Alderman Wolfer; seconded by Alderman Burd. The Minutes of the Regular Meeting of the Citv Council — March 28, 2006 — nage 3 Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye Revised Planned Unit Development (PUD) Ordinance Mayor Prochaska entertained a motion to into public hearing for the purpose of discussing the Revised Planned Unit Development Ordinance. So moved by Alderman Burd; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye Community Development Director Travis Miller addressed the City Council and explained that the Revised PUD Ordinance has been recommended by the City staff. A public hearing was held at the April 12, 2006 Plan Commission meeting and it was their recommendation to move the Ordinance forward. He explained the three purposes for the revision: 1. Under the current process the City requires that the concept plans and preliminary plan (including preliminary engineering) be submitted and reviewed. These plans include a high level of detail which creates time and expense for the developer. A PUD should be an incentive to the developer however the way the current ordinance is structured is a deterrent. 2. The current ordinance has historically been applied to address variances such as lot size, density, land use, etc. A PUD should be more unique than this; it should describe things such as architectural style, product, mixed land uses, etc. Language has been added to identify these use unique PUD guidelines and what the petitioner needs to do in their application. 3. For better record keeping, the revision will require that when the PUD is used for special use, the underlying zoning remain. Currently is hard to determine which PUDs are for special use versus straight zoning. The revision creates PUD zoning classifications which will make it easier for staff to track allowable uses and restrictions within a PUD. The process for approval will be similar to a zoning approval the City currently uses. The floor was opened for public comment; there was none. The floor was opened for City Council comment. Mayor Prochaska noted that Director Miller and the staff have worked hard on developing the revision. He pointed out the ordinance revision under section 10 -13 -1: Purpose which enumerates attributes such as materials, open space, living environment etc. He stated that these are things that the City has discussed but have never been formally written down. He stated that he liked the revisions. Aldermen James and Wolfer complimented the staff on a job well done. There were no further comments. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye CITIZEN COMMENTS Attorney Dan Kramer addressed the City Council on behalf of Karen Onishi. He explained that Ms. Onishi has filed requests for annexation, zoning as an office district and approval of site plan however they are requesting that this be removed from tonight's agenda. He indicated that the petitioner does plan on continuing the process however they are amending their petition to ask for transition zoning. Attorney Wyeth clarified that a motion to remove this from the agenda was not necessary; the item can die from lack of action. Robbin Arnfelt, 661 Heartland Drive, addressed the City Council. She thanked the City Council for their patience with the Onishi development. She thanked them for listening to the citizen's concerns. I I The Minutes of the Regular Meeting of the Citv Council — Mav 9, 2006 — aage 4 Bob Williams, 501 Teri Lane, addressed the City Council regarding the parking ban in effect. He stated that he believes in parking bans such as the one in effect used after two inches of snow fall. His concern was with the process used to determine that the City needed a blanket, city -wide ban. He stated that most decisions in a quality organization are 95% process versus 5% people. He stated that he spoke with a few aldermen and the explanations he has heard have been a "people thing" opposed to a "process thing ". He agreed a parking ban was needed beyond the snow fall ban; there are narrow streets were parking is a premium. He asked that the City Council give the _ citizens the "process" that they used for the current ban from 1:00 to 6:00 a.m. He offered his services to work with the City Council to develop a better ordinance. He asked to be shown data to see how safety issues have improved since the ordinance has been in effective. He also expressed his dismay that 100% of residents of a street have to sign a petition to get the ban lifted from their street. He asked where else in society is 100 % needed for such a thing. He stated that the City is a quality organization and he asked them to rethink the ban and develop a proper solution to the problem to take to voters for a referendum. Mary Unterbrunner, 418 Jackson Street, distributed and discussed a handout (see attached) outlining the timeline of the parking ban. She noted that initially in April 2005, residents from the Fox Hill subdivision came to a Public Safety Committee meeting to voice their concerns about commercial vehicles parked overnight in their area and safety for the people in their area park. Mrs. Unterbrunner agreed with these concerns and stated that the common ground at many of the meetings she listed on her handout were these original issues. She stated that in the course of the meetings, more people opposed the ban so she felt that public input was being taken into consideration. She asked the City Council to review the timeline and examine how the ordinance was drafted and she asked them to review the parking regulations already in place (outlined in her handout). She asked that the City Council keep the portion of the ordinance regarding truck parking, enforce the ordinances already in place and repeal the 1:00 to 6:00 a.m. car ban. CONSENT AGENDA 1. Police Reports for March 2006 (PS 2006 -15) 2. Building Permit Report for March 2006 (EDC 2006 -10) 3. Resolution 2006 -33 — Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 14 - authorize the Mayor and City Clerk to execute (PC 2006 -01) 4. Resolution 2006 -34 — Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 15 - authorize the Mayor and City Clerk to execute (PC 2006 -04) 5. Resolution 2006 -35 — Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 16 - authorize the Mayor and City Clerk to execute (PC 2006 -06) 6. Resolution 2006 -36 — Approving the Final Plat of Subdivision for Cozy Corner Subdivision - authorize the Mayor and City Clerk to execute (PC 2006 -14) 7. Resolution 2006 -37 — Approving the Preliminary Plat of Subdivision for Hudson Lakes - authorize the Mayor and City Clerk to execute (PC 2005 -53) 8. Resolution 2006 -38 — Approving the Final Plat of Subdivision for Yorkshire Estates - authorize the Mayor and City Clerk to execute (PC 2006 -02) 9. 2005 In -Town Drainage Program — Request for Additional Compensation- approve in an amount not to exceed $8,410. 00 and authorize Mayor to execute (PW 2006 -71) 10. 2005 In -Town Drainage Program — Change Order # 12- approve in an amount not to exceed $54,770. 00 and authorize Mayor to execute (PW 2006 -87) 11. Resolution 2006 -39 — Approving Hourly Rates and Expenses for Engineering Enterprises Inc. (EEI) - authorize the Mayor and City Clerk to execute(PW 2006 -73) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye, Bock -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council Meeting of March 28, 2006 and the minutes of the Downtown Redevelopment meeting of February 13, 2006; seconded by Alderman Munns. Motion approved by a viva voce vote. II� i The Minutes of the Regular Meeting of the Citv Council — Mav 9, 2006 — vase 5 BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated April 28, 2006 totaling the following amounts: checks in the amount of $2,425,393.71 (vendors — FY 05/06); $198,366.25 (vendors — FY 06/07); $173,318.21 (payroll period ending 4/1506); for a total of $2,797,078.17; seconded by Alderman Wolfer. Alderman Spears questioned a payment to Schoppe Design Associates for the Jefferson Street "legal services ". Attorney Wyeth clarified that the comment "legal services" was a Scribner's error. Mayor Prochaska asked that the comment be struck from the Bill List kept with the minutes. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 James -aye, Munns -aye, Burd -aye, Spears - present, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye REPORTS MAYOR'S REPORT Proclamation for Blue Star Salute Day Mayor Prochaska stated that he was not aware if they would hold special activities this year however he still wanted to do a proclamation to remind everyone of the people serving in the Armed Forces. He read the proclamation for Blue Star Salute Day (see attached). He noted that last year, the American Legion had a special day to commemorate this. He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a viva voce vote. Proclamation for Poppy Awareness Days Mayor Prochaska read the proclamation for Poppy Awareness Days, May 18, 19, and 20 2006. (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Bock. Motion approved by a viva voce vote. Proclamation for Volunteer Week Mayor Prochaska read the proclamation for Volunteer Week, May 14 through May 20, 2006 (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Mayor's Community Volunteer Appreciation Lunch Mayor Prochaska reported that he would be holding the Mayor's Community Volunteer Appreciation Lunch on Saturday, May 13, 2006 at the Riverfront Park from noon to 2:30 p.m. He invited all those who volunteer in the community to attend the event. Proclamation for National Public Works Week Mayor Prochaska read the proclamation for National Public Works Week, May 14 through May 20, 2006 (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Wolfer; seconded by Alderman Spears. Motion approved by a viva voce vote. Proclamation for Click It or Ticket Month Mayor Prochaska read the proclamation for Click It or Ticket Month, May 2006 (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a viva voce vote. Appointment to Committees /Commissions Mayor Prochaska reported that he has made all but two appointments to City Committees /Commission. He has received applications to the Park Board which he is still reviewing and he is still in conversations with individual who are architects for the Fagade Committee. The other appointments are: • Plan Commission — Brian Schillinger, Jack Jones and Bill Davis • Human Resource Commission — Jeff Grezlik, Diana Lento - Reidy, Madonna Bialek • Fire & Police Commission — Mike Anderson I The Minutes of the Regular Meeting of the Citv Council — Mav 9, 2006 — vase 6 • Library Board — Carol LaChance, Beth Gambro, Joseph Gruber • Park Board — Ken Koch, Seth Schoonover • Zoning Board of Appeals — Harold Feltz • Facade Committee — Richard Scheffrahn • Police Pension Fund — Todd Overmeyer Mayor Prochaska entertained a motion to approve the appointments to Committees and Commission as presented. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Munns -aye, Burd -aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Wyeth noted that at a previous meeting, an alderman presented a letter that had been received from a realtor soliciting the purchase of property. The letter involved a reference that the landowner should be concerned because the land could possibly be taken by the use of condemnation or eminent domain. Attorney Wyeth reported that he called the realtor and found that four such letters went out in the Yorkville area. Attorney Wyeth advised the realtor that Yorkville was one of the first cities to indicate that it would not use the power of eminent domain for economic purposes. He explained tot eh realtor that the letter was erroneous and potentially inflammatory. Attorney Wyeth asked that the letter be corrected and the realtor indicated he would send the four individuals a letter of correction. Alderman Burd thanked Attorney Wyeth for following up on this. Alderman Spears asked if Attorney Wyeth sent a copy of the appropriate ordinance to the realtor. Attorney Wyeth stated he did not and Alderman Spears stated she would like him to do this. CITY CLERK'S REPORT Clerk Milschewski stated that the appointment of the Deputy Clerk was on the agenda in error and would be done at the next City Council meeting. Assistant City Administrator Olson remains in the position until the new appointment. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Mill and State Street watermain projects are almost finished. The infrastructure is in and the streets will be paved next. CHIEF OF POLICE REPORT Lieutenant Schwartzkopf reported that the two newly hired officers began their training in Champaign, Illinois on May 8, 2006. Both have passed their physical fitness test. DIRECTOR OF PARKS & RECREATION REPORT Director Mogle reported that the "Sweetness" Run will be held in Yorkville for the first time on June 17, 2006. Registration for the event will be at 6:30 am. at Yorkville High School and Park Superintendent Scott Sleezer helped set up the course COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that he attended the National Planning Conference in April 2006 where he learned a great deal about innovative planning tools that can be applied to his work here in Yorkville. The thanked the City Council for the opportunity to attend the conference. COMMUNITY & LIAISON REPORT Kendall County ]PLAN Workshop Alderman Spears reported that on April 27, 2006 she attended the Kendall County ]PLAN Workshop at the Kendall County Health Department. The workshop was conducted by the University of Illinois College of Medicine. The IPLAN is a five year assessment plan for all county health departments and service providers throughout the state of Illinois. The purpose of The Minutes of the Regular Meeting of the Citv Council — Mav 9, 2006 — page 7 the plan is to attain knowledge of trends, resources, servicing programs, population, etc. Alderman Spears shared a multitude of facts about Kendall County that were discussed at the workshop. The purpose of the workshop is to create a plan for the future health of residents in Kendall County. There will be several more workshops with the target being school children in order to combat obesity. Aurora Area Convention and Visitor Bureau Alderman Burd reported that she was contacted by the Aurora Area Convention and Visitor Bureau ( AACVB) regarding the Midwest Literary Festival. The expanded festival will be funded by the City of Aurora. A foundation is also being created for the festival. She noted that last year Mayor Prochaska read at the event and she hoped that Yorkville would continue its participation. She also noted that the City Council will need to select its representative to the AACVB for the next three year term. This will be discussed at the next Economic Development Committee meeting. Cable Consortium Meeting Mayor Prochaska, reported that he and Alderman Wolfer attended the Cable Consortium meeting last week. One subject discussed at the meeting was how other communities are in the process of changing their cable ordinances to include the video service that is provided by voice -over internet. This will be defined as the same service as cable. Several have passed a moratorium on having the "big boxes" built that are used by the telephones that can provide the service. The boxes are large and only service about 300 homes. Another issue discussed is a resolution to the federal legislators discouraging them from creating a federal franchise system. Agencies that have franchise agreements with the City will now have agreements with the federal government instead and fees will go federally instead of locally. Mayor Prochaska indicated that this item will be on a future Committee of the Whole meeting agenda. Alderman Spears asked if the moratoria are being challenged in any communities and Mayor Prochaska stated that they were. He stated that depending on how the moratorium is being written depends if it can be challenged. Alderman Wolfer stated that the consortium thought it would be better to be proactive and for the communities to unite and develop a plan. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2006 -39 Amending City Code Title 6 — Traffic, Section 6 -2 -6 Repealing the Prohibition of Overnight Parking A motion was made by Alderman Spears to approve an Ordinance Amending City Code Title 6 — Traffic, Section 6 -2 -6, as presented, repealing the Prohibition of Overnight Parking for passenger vehicles; seconded by Alderman Burd. I Alderman Spears stated that Section E is being retained concerning commercial vehicles. The ordinance and the parking ban referendum will be discussed further at the next Public Safety Committee meeting. Alderman Besco thanked Mr. William for his earlier comments and he agreed with his suggestion to form a committee to investigate this further. He stated that the City Council had good intentions when developing the ordinance and he felt that it could be adjusted to accommodate everyone however he stated that he would vote against repealing the ordinance at this time. Alderman Leslie also thanked Mr. Williams and Mrs. Unterbrunner for their comments however he stated that he was going to follow Alderman Besco lead. He stated that the ordinance is lacking however there is a need to have something on the books. He noted that no citations have been written so the enforcement is still suspended. He stated that he supported the suspension until the ordinance can be amended to address the issues. He felt that it would be a drastic step backwards to repeal the restrictions on residential parking. Alderman Munns reported that the Neighborhood Watch group in the Fox Hill subdivision is supportive of the ordinance. He stated that he spoke with members of both the Yorkville and the Oswego Police Departments who supported the ban. He noted that he has received 17 emails or telephone calls that were in favor of a total ban, 5 that supported the commercial ban and four I The Minutes of the Reeular Meeting of the Citv Council — Mav 9, 2006 — naLye 8 who opposed the total ban. He stated that he found no compelling reason to change the ordinance however he supported sending it back to a committee so that a compromise could be worked out. Alderman Burd stated that she only had a few people contact her who were in favor of the ordinance. She explained that her main reason for voting for the repeal is that the ordinance causes a hardship for many people. She stated that she spoke with residents in Oswego who were upset with their parking ban and they had the same concerns that the residents of Yorkville have raised. She did not understand how the ordinance could be amended as it currently stands and recommended starting over. She also suggested looking at specific streets and areas that have problems and address them without a blanket ordinance. Alderman James agreed with Alderman Besco that the intent was good when this was started. He noted that parking on the streets in new subdivisions should be addressed in the design phase and governed by Homeowners Associations. He stated that he supported the repeal of the residential parking ban. I Alderman Wolfer agreed that the residential ban should be "scrapped ". He agreed with Mr. Williams that the "process" should be looked at, facts should be investigated to support a ban and a committee should be developed to do this. He stated he was in favor of the repeal. Alderman Bock echoed Aldermen Leslie, Munns and Besco's thoughts however he also appreciated Mr. William's comments. He stated that he was in a dilemma as to which way to vote however he felt that ordinance should be amended rather than to have it thrown out to start over again. Alderman Spears noted that she was not present for the original vote and commented that if the aldermen such as Alderman Leslie realized there were problems with the original ordinance, they should have voted against it. She stated that the City Council should admit there were errors in the ordinance and totally repeal it. Alderman Leslie stated that he was present for the vote and felt the need for a ban. He stated that he stood by his vote as he did not favor scrapping the ordinance. Alderman Wolfer stated that he could support either scrapping or amending the ordinance however he wanted it to go back to a committee for revision. He stated that he wanted to see it addressed by a committee comprised of representatives from each ward. Alderman Burd commented that she did not understand how the ordinance could be amended item by item as it currently stands. She felt to do this in an expeditious manner; the City Council had to start over. She stated that a concept needed to be developed indicating what the City Council wants to achieve and then from this concept an ordinance can be developed. A motion was made by Alderman Munns to postpone the approval of the ordinance and to send it back to the Public Safety Committee; seconded by Alderman Besco. Mayor Prochaska commented that this is an amendment to the ordinance; the ordinance still exists with the residential parking ban being removed. He stated that even with the amendment, the City is still addressing the main issue of large vehicles parking on streets overnight. The question arose whether this item could not go to the next Public Safety Committee meeting as the agenda for that meeting has already been posted. Alderman Burd questioned if this could be discussed at the meeting under Additional Business. Attorney Wyeth clarified that this was correct. Mayor Prochaska noted that the action on this agenda item will be postponed until the next City Council meeting. Motion to postpone defeated by a roll call vote. Ayes -2 Nays -6 Bock -nay, Besco -aye, Leslie -nay, Wolfer -nay, James -nay, Munns -aye, Burd -nay, Spears -aye Motion to approve the amendment approved by a roll call vote. Ayes -5 Nays -3 Munns -nay, Burd -aye, Spears -aye Bock -aye, Besco -nay, Leslie -nay, Wolfer -aye, James -aye ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — Mav 9.2006 — uaee 9 ADDITIONAL BUSINESS Alderman Spears reported that Senator Lauzen called her and informed her that he is trying to get funds for the widening of Route 47. He proposed to Tim Marten with the Illinois Department of Transportation that IDOT take about 10% out of the Prairie Parkway funds and allocated it to Route 47 as the widening is a priority. She stated that Representative Lindner is also doing her best to obtain funding. Mayor Prochaska stated he has spoken with Representative Lindner who explained that the widening funds are still in the capital budget which still has not been funded. There is a question as to the legality of taking funds that have been allocated to the Prairie Parkway to use toward Route 47. i ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:57 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I I I I I CITY COUNCIL MEETING May 9, 2006 PLEASE PRINT NAME: ADDRESS �IJYJ �►v L I l l.(7MS 5 ( Ti r 1 L A yu l/ it •� v / I CYr / 0 (7vi'Lw\e_ —n J L -k - o 11I DK i V 8 Terri ,Lr► �o: r o 1 P/ 7=e ri L \ ft7J F 3 OA / V412v A)j, lob 0 Mo 11 fZo to 1, r\ A- ►NCe-1-}— 47 4-ar+ ao-� SIGNIN CITY COUNCIL MEETING May 9, 2006 PLEASE PRINT NAME: ADDRESS: (vI l�hl (p0 E�. VGtea v.� s `�Gltitel A ck, L� t i I v i % e i i Val- PAC � pia SIGNIN ✓ CITY COUNCIL MEETING May 9, 2006 PLEASE PRINT NAME: ADDRESS : eml� t� �U�� 7 �IC4r�La ►1 �riv� --� R� 9 IA2 Pf OR- 0A `r VI 5� /e! -,sir/ flpA,/ Q U I i I I i SIGNIN I UNITED CITY OF YORKVILLE CITY COUNCIL PUBLIC HEARING Date: 5 • q .p�,, Exhibit # WESTHAVEN PC# Yorkville, Illinois City Council Public Hearing May 9, 2006 Amended PUD Summary OLD PLAN NEW PLAN DIFFERENCE COMMERCIAL AREA 30 acres 111 acres +81 acres RESIDENTIAL AREA Del Webb 256 acres 312 acres + 56 acres Conventional 300 acres 161 acres -139 acres j Total 556 acres 472 acres -84 acres i Del Webb Multi- family (duplex) 244 homes 0 homes -244 homes Single- family 567 homes 944 homes +427 homes Total 811 homes 994 homes +183 homes = Conventional 484 homes 265 homes -219 homes TOTAL 1295 homes 1259 homes -36 homes Density 3.17 du /acre 3.18 du /acre +.01 du /acre TIMELINE AND FACTS FOR CREATION OF BLANKET PARKING BAN IN YORKVILLE Minutes for most of the meetings mentioned can be found online under Meetings on the City of Yorkville website. 1. 4 -14 -05 PUBLIC SAFETY MEETING: Three residents from Fox Hill subdivision present to share concern about huge commercial vehicles in their subdivision. Parking by the park & safety issues in Fox Hill were discussed (and later addressed in a separate ordinance - see City Code Chapter 2 / 6 -2 -2 ). 2. 5 -12 -05 PUBLIC SAFETY MEETING: Two residents from Fox Hill present (one the same as on 4- 14 -05). Minutes read: "The draft for the ordinance in Fox Hill will be at the June meeting. The ordinance would be for overnight parking of oversized vehicles." 3. 6 -9 -05 PUBLIC SAFETY MEETING: No residents in attendance. The minutes state: "There has been an amendment to Title 6, Chapter 2 of the Parking Regulations. (Refer to the minutes for this meeting on the city website to read the whole paragraph #6.) This is the first record of it changing from an overnight parking of oversized vehicles to a ban including ALL VEHICLES. A town meeting will be held to inform the public of the new regulations. The minutes go on to record specific no parking regulations for the Fox Hill subdivision addressing the streets by the park. 4. CITY COUNCIL MEETING 6 -21 -05 Three residents present but I don't think they were from Fox Hill. 5. PUBLIC SAFET MEETING 7 -14 -05 No residents present. The meeting is scheduled for July 26 and Ohare suggests that the aldermen, should they receive any calls about it, refer the callers to the police department. 6. TOWN MEETING 7 -26 -05 Part of regular City Council Meeting: Four of eight aldermen absent. Many residents present to address the parking issue. I did not see a list of all attendees. First chance for the public to attend, speak, and go on record to address the proposed blanket parking ban in Yorkville which was packaged in with the truck ban (Section E). ✓ 8 citizens spoke in opposition to the ban ✓ 2 citizens just made a comment ✓ 3 citizens spoke in favor of the truck ban ( two from Fox Hill and one from Bruell St.) Alderman Ohare suP�aested separatiniz the car ban from the truck ban and making it two separate ordinances. Alderman Leslie stated that he had issues with commercial trucks parked in his subdivision. 7. COMMITTEEE OF THE WHOLE: 8 -2 -05 21 residents present. Two new citizens spoke opposed to the car ban. Three residents (all from the same street) then had a personal discussion about a commercial vehicle problem. 8. PUBLIC SAFETY COMMITTEE: 8 -11 -05 Two Bruell St. residents (same) again voiced their support for the truck ban. 9. PUBLIC SAFETY COMMITTEE: 9 -8 -05 No residents present. Some discussion by Chief Martin dealing with commercial vehicles. 10. PUBLIC SAFETY COMMITTEE: 11 -10 -05 4 residents present. Please go to website to read minutes. Ohare says again to separate the two issues and also said that the trucks were the problem parking as far as safety goes. (PS2005- 010) 11. PUBLIC SAFETY COMMITTEE: 12 -6 -05 Five residents present. Discussion about changes but mainly rewording, took out "specific hardship" clause, and about applying to opt out. (This was later removed as a possibility except for 100% agreement in a cul -de -sac.) 12. CITY COUNCIL MEETING: 12 -13 -05 Many residents present. Three new residents spoke opposed to the parking ban. Mayor presented an e -mail from former Police Chief Graff & wife who are opposed to the ban. Two residents from Fox Hill (who have spoken twice previously) were in favor of the truck parking ban. 13. PUBLIC SAFETY COMMITTEE: 2 -9 -06 Bruell St. resident came to request help as to what to do with his commercial work truck by his home. 14. PUBLIC SAFETY COMMITTEE: 3 -9 -06 (see website minutes) No residents present. Some discussion about forms and rules for cul -de -sacs. 15. COMMITTEE OF THE WHOLE: 3 -21 -06 Conclusion: Majority of people expressed opposition to the car ban and favored the truck ban. We have ordinances to address: (6 -2 -7) towing illegally parked cars creating or constituting a traffic hazard, blocking a fire hydrant or parked where it would prohibit an ambulance from being able to get through; banning parking with over 2 inches of snowfall; (6 -2 -2) parking prohibited on designated streets (for traffic flow and safety reasons add streets as needed). Keep Section E addressing the truck parking, enforce the ordinances on the books, and repeal (do away with) the car ban from lam to 6 am. (Really found no discussion at the Public Safety Committee meetings directly relating safety with the parking ban. Discussion and decisions must have been made outside of these meetings between May 12 and June 9, 2005.) �_ � r r �:" c �`� vr6��c -' _ � ��- _ : 6 £rWT ��` �_ c � ®ar'�� E�- �c-,- � -T.�y fin`,. _'c =¢�'� r � >`.:�' f , ` \- � • 1 i _- ';( :r iL.C;�cr_E'- `�_c: C.r ._'.`T_ c.Fp- ��nc � �vm9•G, ,� �B�c .r>E r,tQe.n'e�� v'.a.6'p�tY �Vv.Cn�, �;E'��c•�,v�, �c�,•: � <�G c�'eE Lam- .��I�'' -'1' I: o-1 1. r`' 'F [; - : E . - rc�E�r, ,�� H,�. S� re rt. C> E n r�r. f -� �•t�,�e c,r.3 .e.��erere,E. �2 E Q ,erere , � . t,'V�B ererr, f�. ,�,c =. , .v rre C'c e £� -:� �ri i�: ,_ -� iC ,..` - b �, e• ¢ ,p G BL F �P 9` ® CAB � re c c 1 •, l `�.;r� � .r° ` .Ey;`l��t� ° fc :�•2�G , `` °� ° os.;�`l- `��i�k!1�r; . ��;l��e�'� ` ��`k @�ff � , 0 � � � � � t f i�� <= ��`��! `'`.�t`�`Tt<�' � =�� l f! r � .� UNITED CITY OF YORKVILLE �', �F 4 � { iF u.'- I:�- (•111 WHEREAS, throughout the history of the United States of America the sacrifices necessary to maintain our liberty and freedom have consistently been borne by citizen soldiers; and ((pr `<'c WHEREAS, countless men and women of our great City have proudly worn I' r( /Et f , the uniform of the United States Armed Forces; and WHEREAS, many of our fellow citizens are serving today in the war on terror as members of the active military, National Guard or Reserves; and II �•.,�;:,,,,, ,�(� (,� ro WHEREAS, on Armed Forces Day 2006, it is appropriate as individuals and families to reflect upon the sacrifices of our fellow citizens and to celebrate their dedication; and WHEREAS, the citizens of the United City of Yorkville desire to honor and acknowledge those who serve in uniform for their sacrifice and preservation of our American way of life; now pd� THEREFORE, I, Arthur F. Prochaska, Jr., Mayor of the United City of r� t«. Yorkville, do hereby proclaim Saturday, May 20, 2006, as w�. �; r - a•r 1�'EaCu� United City of Yorkville Blue Star Salute Day ((��jjpp rfor�° F DPW ` I�«t,00F,,. IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 1�f� (; j in the year of our Lord, two thousand six. J p� � E+F•`il I� �� I (' kc•��'I� I. F..r.� Arthur F. Prochaska, Jr., Mayor °e. °- r- re: -,r � 'per« _ ,•i' / S ( l ' 'y ` , `_ ' f '� -- ( `��;�. .`,•�;� ° t - �,ee,0 9�,.<<;�� °�. ® E } ` ° o'`� �� ° �o_.o�,' °r� � ��,�C.� °ue ��a r-- �v<s�m�a� e�vo ®•m•c• ®mr� �e•m•m ®gab a��m ® ®s a�a.•r � ®� a�m•m �a� Em�m �0® �z�c�n � <� =_�. w�=�s �6:�a ��e,�� ;a:a ciii €'_'� ��1`�� I �'- �- a ® o <av .v � wrrvP.w � mweoa � ®vwe•+a � s, c. -.PVa �_ �.�.aa,. �e >wcoo. s ��m°sv¢w weer cr : + /,, r l c car - ,o- - __r,.�, roc rac�_�Fr.c <��'-�v i � `_ it s�v '�•- _ c ° v. «a «� s- <..vr,c�.: t�l`111{ r' l (r1 `\� . �-_�. s,,�- �.•.. =r_ �,� __ �� .�.��_�,r,�n-��:_ �_ _,,..,.:,. �. �. 1.> �. s».« �.. �. �- s_,•.=_ �. .- ,T.:.��3m��,4.m>,R_- �.��.,� ` ,( ��,�� UNITED CITY OF YORKVILLE I «c4(s� y, r I - 1 1 1 1 , 1 - r: :' gwdxunatim Whereas, the American Legion Post #489 and American Legion Auxiliary Unit (( #489 have for many years engaged in the services to disabled veterans and their families, and have taken an active part in charitable work within the community; and f ; ! }� Whereas, the American Legion and American Legion Auxiliary hold annual "Poppy Awareness Days" when poppies made by disabled veterans in Illinois hospitals I .< are dispensed publicly for the purpose of raising funds with which to carry on their ( < <<< -;, I beneficial work; and Whereas, the one bright color of these war torn areas was the brave little red` o growing and bloomin on the edges of the trenches in the ragged shell holes, on�4:', I'11, poppy �' g g g � gg the aves of those men buried in Flanders Field with remembrances of the cheery gr br red flowers returned to America with our bo ys , the o becoming the s ymbol ' � ,(t.r,�,�, Y � p oppy g Y � `<<`= < of the dead, their memorial flower, and the sign that the high ideals for which these brave young men gave their lives, still lives; and Whereas, a double significance was attached when disabled veterans quickly learned o assemble d tble poppies while growing well again, with the American Legion and � I, r rr �rrJrr! 44 Auxiliary being united in their efforts to help the hospitalized veterans within our state who make these bright red poppies for distribution, fulfilling a desperate need, with money taken in over expenses being returned to the veterans and their families through the service programs; and Whereas to Flanders Field we add Pearl Harbor Korea Viet Nam Grenada, I ' ° Panama, Gulf War (Operation Desert Shield), and the current Iraq conflict; and i (,f'(;�.;' _; Whereas, the days of May 18, 19, and 20, 2006 have been selected as Poppy Awareness Days in the United City of Yorkville to honor our war dead by wearing a poppy. Therefore, I, Arthur F. Prochaska, Jr., Mayor of the United City of Yorkville, do I r i 1 j,L I ,� i`F t'r.Ch� hereby proclaim "Poppy Awareness Days" in the United City of Yorkville and request all citizens to observe these days by wearing a Poppy and making contributions for this. worthy cause. Dated this 9 day of May, 2006, A.D. e � Arthur F. Prochaska, Jr., Ma )(a . \ . t,r`o c efl /gip (1 &r. i =EF �� \Sceu &��'f �31 tE 00 �dgg �� ®6''�ac � ��m F'- �i.•ame+.�_ -.�.r =-.m a t- -- _aam�.•>'sscv.4C�.er_e_ -R -v - _-- x- 3."n_v�c- aaf�r�� -�.�s. ._ ..�.,..�._ -.,_ - _ _. r5�2�1.- ctittrrr_'.s _- voaevsrs _ . _ - . - _ _ _ zn_Tw srmea.ssa��+ i - f.l r � . � � _ _� s E' � o �'F-d to e _ � - �<v -� -� c i c � s - b - � a � ° �.sw -' _ �.` • . I f ,- -�_ - �..c.- v.,F: a - �' �� e a\ %�s4o� �cc ° v�F� g v< �� v�ade..c e,`��`c. ��e �g w�.� ��a�v °rsv . c� .� _ '�c�` u 1 t O - e a• -�.�,, .. � � ce.r cs,_ - rte - \ - � 4=� i -� o m ss.c, :v rr = `p�s.c a� a+ �r.cv� E �, e ry a ��s�,� c� °it"cr,,� <: �a ~' -c. ��,�, i I. �,, . ;' ..�[i6 CG - ,.��i' c, C - ..� - . t � c rre,i <6$��:cru re,� r 4�c'icic, � 2- Err��o, � � �, 9r ero,,, so-'F 6• pure re,g 0' �' px:�: e, ®A � i 6,�. mod` f• y .�e c r, < <_, crr, ., � P ;� \:l 'l II; �� " ;��'F � �`� k` �� { '�� °:��;ktih(��r . `.��`tp��dt; `,E�`i °:'t��6�1�� ° �t� @� ° ° � 61@ r �� d i � 1 @ i .•. � 0 @�i a'z p.� N • h �:' '� 4 6 r • " ti i.l,e„ — - - 7. �__— __Y.._...:°kL� 1 t4' UNITED CITY OF YORKVILLE E 1 1 V 1 { I{ 4 WHEREAS, from the earliest days of our nations history the spirit of volunteerism has been reflected in help ing neighbors to p P g g overcome obstacles; and 0 WHEREAS, the basis for a safe and productive America is the �i', peoples' willingness to work together, without prejudice, to find It Ij�Fr, solutions to our human and social problems; and - (' r. + WHEREAS, the talents and energies of American volunteers HE continue to be one of our greatest resources; an WHEREAS, volunteering renews our connection to our .�� I , + ,I •; , - :.I. community and builds self -worth and social responsibility in our ', '� children • and .cew; f l'r �Y WI- AREAS, experience proves that by working together as "= volunteers we can help change the . lives of others while changing our I a e ? I own; and �t WHEREAS, it is fitting that United City of Yorkville's citizens honor the people who donate their time, energy and strength to make ff �� r ,ji; our communities and our nation a safer and more productive place to live and work; 146 1( ;� Therefore I Arthur F. Prochaska Jr. Mayor of the UNITED 4t tom• -,I'i fj I < CITY OF YORKVILLE proclaim May 14 - May 20 2006 as � p Y Y VOLUNTEER WEEK in the UNITED CITY OF YORKVILLE and IkG(.'�-,•, , urge my fellow citizens to join the volunteer effort in our communities by volunteering and by recognizing those who serve. And rJ °� � pnl , ; furthermore, I proclaim May 13 as Volunteer Appreciation Day in !' Yorkville. th Dated this 9 day of May, 2006, A.D. ,3 i Arthur F. Prochaska, Jr., May 4:e.e B @'� - - ti:e4e'�� - F - - - -:e:e:B�� l�, �•,1��.�.i �:c \_�'�'.- - �� EP ��, } eeo �� •e• �� rae ��, macs �� ®si�d @��I��eca �`�� h i' 't,t t �__:. 'm i.m 6 . 4 ®��ea ei: a ®a!m Q` ®a i!c��-� ®��'��!iev. ®�1 c `` , ?!I + ns- � �vP .v®�+s�.�a�.s ® >�� 4ans� ® <►irrv�.r +��n �v'.se 'a'<,. %<v� �a�_.` �4� v cc � f of j� i I / � � < - � � - �`` -sue a - ti'"��" ` P,« "._� ��°�P � �- °` - a��•T � °a"?o - ��! 1 - � <i= r. . -• s 4�. <.� a ar � °�` <.= �� <. �ra«r�c."c. (.v..wr -. ;mcevser� .svaes��vsaerer,<e'�•ys a vargP�,`r� awe ��'�. e..rsva �� c�e�\.,� ��`��I ; �j r ,� � - CL _ - �,c<..Y_��C�+,c °.rf E. ©CC 6L'v- �G.�'cp �S.e ti�ea• Yds.¢.6L �- ��.�vm J_Q;V ®,�`OetR.F 4- _i -_�yc ¢4� \c\ _c �. ' ` Ill r• -• • \, '� ~ 4 •�1 F P,�aG6 ' E 'Ci cE F. 6 ��C d1''➢6 C6 �- F 6fi0r�PK��y�e e rE�b Qe{\! fiE' C ®'BfiB'e ®it !c.4ir�C1[I�C.� � 1°� \ i 1, L 1 t r. �(1 �h1�1 Es �FP ,. ��lr ��< �4F �• � t,k @r `1V�G��'.•�`�`��`" �. �9� •�• � &r. �4 - :��:' �'IIlli � i(t I�_ � - �..�e.�r___a.�.a�.._- _._�ssr .. _.+ays__e+tr4r� — wv_ seu�c,. ��. � _�._- ..._�.��...�_«�.�._ -� -... ��- m_Y��_�re -•� - � � /+ �� UNITED CITY OF YORKVILLE ;,.,, ill IfE i l ;' JE Whereas, public works services provided in our community are an integral part of our citizens' everyday lives; and =1; Whereas, the support of an understanding and informed citizenry I`q is vital to the efficient operation of public works systems and programs ; \: such as water, sewers, streets and highways, public buildings, and solid 'I.':, „f waste collection; and Whereas, the health, safety and comfort of this community greatly F << depends on these facilities and services; and A ,, Vii; -, .,• '4 C r� Whereas the quality and effectiveness of these facilities as well l f„ as their planning, design, and construction, is vitally dependent upon the `�4'��'4 efforts and skill of public works officials; and .i I r'� ! {I !' Whereas the efficiency of the qualified and dedicated personnel it who staff public works departments is materially influenced by the , peoples attitude and understanding of the importance of the work they I,,• perform. Now therefore, I, Arthur F. Prochaska Jr. Mayor of the United i { 'F `ac_ III 11II I ° - <f i City of Yorkville, do hereby proclaim the week of May 14 through May 20' as "National Public Works Week" in the United City of Yorkville, and I call upon all citizens and civic organizations to acquaint . _e �"O y �I themselves with the issues involved in providing our public works and to '` ,;:��f recognize the contributions which public works officials make every day (I f ! to our health, safety, comfort, and quality of life. I Given under my hand and seal of the United of is Uid City f Yorkville th 9 day of May, 2006.F L 7�t1,Vl� 1 l �,j F. Prochaska, Jr., !e zI Mayor l...� - : T[ <,P.P ! E �1 `B�f E' C.P (. �..t.B � ( �f.t �• � � as t�F�kq �t (l r l p l � �.•C�- s. i;4 L:-.: "�.�G ro#I / fC SS 6 1 oeo ®/ p ��tieme.6� B 4 meaN / �l�eo� F ♦ j6 ��iea6 ��,a! ®< /��'�Qe ,aeG F k �c, c•<i= .�.�.rl�n L. I ti.. ,s•i\c�c :r t(,clettilP cr�61a1oloH cN Clelele�laf 4etelelE �llelntelH�G��f el letG Cletel¢10 .c.�._t4'vlsl ee ,l , e I,�t;�`� `lc \a n c r• . 6` — �'�'vb @� ®G'r�E�Bi��'6 Y.'m'E.r��.�'�Mm A . f , 1`� -0� w�6 � �•�. ®� a„q.� �sd C.1:IEa �.�@•Cr �� rr `� � � ❑ c- _ �. -es � _ �. -a.�c s -s>�a �� =a �a �® r� s� a- .�+� -c�� •c �' . !� f I � �.� t i � _ - � - �y`�_ i �— <-r �� _ da_"a= �" ->s�`'r° w��6 e. > ® �� • °_ . G ( y, i I T IA- v �t ...... Q 49 1p� 4e, Lv ir, Ll' 71ff UNITED CITY OF YORKVILLE WHEREAS, the safety and security of the citizens of Yorkville and surrounding areas are vitally important; and WHEREAS, a large percentage of our citizens regularly drive or -tide in moto r vehicles on our roadways; and WHEREAS, one in five American motorists (or 18 percent nationally) still fail to regularly wear their safety belts while driving or riding in a motor vehicles; and {f !�� { ��;^k;`f ''r WHEREAS, regular safety belt use is the single most effective way to protect peop and to reduce fatalities in motor vehicle crashes; f II AND WHEREAS, the use of safety belts is supported by the laws of v Yorkville, Illinoi is; NOW, THEREFORE, I, Mayor Arthur F. Prochaska, Jr., do hereby proclaim and announce the month of May 2006 as "Click It or Ticket" Safety Belt Enforcement Month and urge all citizens of our community and surrounding areas to always wear their safety belts when driving or riding on 1 o ur roadways, now and in the future. IR Dated this 9 day of May, 2006, A.D. &AAAA' Procha Arthur F. 4ska, Jr., Ma r A$ e k ma �y nc Zt "All CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS 1 REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter transcribed by CHRISTINE M. VITOSH, C.S.R., on May 9, 2006, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. i I I i i I DEE® ® COURT reporting service 1212 South Naper Boulevard Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; I 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS. VALERIE BURD, Alderwoman; 6 MR. DEAN WOLFER, Alderman; 7 MR. MARTY MUNNS, Alderman; 8 MR. JAMES BOCK, Alderman; 9 MR. JOSEPH BESCO, Alderman; 10 MS. ROSE ANN SPEARS, Alderwoman; 11 MR. JOHN CROIS, City Administrator; 12 MR. WILLIAM POWELL, Treasurer; 13 MS. JACQUELYN MILSCHEWSKI, City Clerk. 14 15 A P P E A R A N C E S: 16 J MR. JOHN JUSTIN WYETH, Counsel, 17 appeared on behalf of the United City of Yorkville, Illinois. 18 19 - - - - - ' I 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: The first is -- 3 I'm going to entertain a motion to go into public 4 hearing for the discussion of the Herb and Pam 5 Kleinwachter and Old Second Bank Trust, 6 petitioners, request to annex to the United City 7 of Yorkville B -3 Service Business District, and 8 R -1 One - Family Residence District and for the 9 hearing as to the annexation agreement of the t 10 petitioner. i 11 The real property consists of I 12 approximately 9.81 acres located on Route 47 13 south of Legion Road and north of Ament Road, I 14 Kendall Township, Kendall County, Illinois. 15 MS. BURD: So moved. 16 MAYOR PROCHASKA: Did I say R -2? k 17 All right. R -2. May I have a second? 18 MR. LESLIE: Second. 41 19 MAYOR PROCHASKA: Moved and j 20 seconded. Leslie. May I have roll call, please? i 21 MS. MILSCHEWSKI: Besco. j 22 MR. BESCO: Aye. 23 MS. MILSCHEWSKI: Leslie. 24 MR. LESLIE: Aye. Depo Court Reporting Service (630) 983 -0030 i 4 1 MS. MILSCHEWSKI: Wolfer. 2 MR. WOLFER: Aye. 3 MS. MILSCHEWSKI: James. 4 MR. JAMES: Aye. 5 MS. MILSCHEWSKI: Burd. 6 MS. BURD: Aye. 7 MS. MILSCHEWSKI: Spears. 8 MS. SPEARS: Aye. 9 MS. MILSCHEWSKI: Bock. 10 MR. BOCK: Aye. 11 MAYOR PROCHASKA: Motion is carried. 12 And just as a correction, it is R -2, not R -1. I 13 thought I said R -2. Very different. Is there 14 someone here representing the petitioner? 15 WHEREUPON: 16 DANIEL J. KRAMER, 17 testified before the Yorkville City Council as 18 follows: 19 MR. KRAMER: I am, Your Honor. 20 That's being continued. We've got a hearing at I 21 the next Plan Commission meeting on the 24th at 22 seven o'clock that allows the special use for the 23 day care in addition to the underlying B -3 24 zoning, so we need to complete that business Depo Court Reporting Service (630) 983 -0030 5 1 before we come to the Council, which would be the 2 13th date. 3 MAYOR PROCHASKA: So you are asking .I 4 that this be continued? 5 MR. KRAMER: Correct. At the 6 request of petitioner. 7 MAYOR PROCHASKA: And the 13th. i 8 MR. KRAMER: And then that will get j I 9 us back in sequence with the Plan Commission. 10 MAYOR PROCHASKA: Okay. I would 11 entertain a motion to -- Well, first I'm going to 12 ask if anybody here this evening that wanted to 13 speak to this. 14 (No Response) 15 MAYOR PROCHASKA: I would entertain 16 a motion to postpone this public hearing to the 17 June 13th, 2006 City Council meeting. 18 MR. LESLIE: Moved. I 19 MS. BURD: Second. 20 MAYOR PROCHASKA: Moved and 21 seconded. Questions on the motion? 22 (No Response) 23 MAYOR PROCHASKA: Hearing none, may 24 I have roll call, please? Depo Court Reporting Service (630) 983 -0030 �I 6 1 MS. MILSCHEWSKI: Burd. 2 MS. BURD: Aye. 3 MS. MILSCHEWSKI: Spears. 4 MS. SPEARS: Aye. 5 MS. MILSCHEWSKI: Bock. 6 MR. BOCK: Aye. 7 MS. MILSCHEWSKI: Besco. 8 MR. BESCO: Aye. 9 MS. MILSCHEWSKI: Leslie. 10 MR. LESLIE: Aye. 11 MS. MILSCHEWSKI: Wolfer. 12 MR. WOLFER: Aye. 13 MS. MILSCHEWSKI: James. 14 MR. JAMES: Aye. 15 MR. KRAMER: Thank you. 16 MAYOR PROCHASKA: Next on the agenda I 17 is the public hearing for the -- I would f 18 entertain a motion to go to public hearing for 19 the Pulte Home Corporation MPIV 10, LLC, MPLV 20, 20 LLC, and MLH Yorkville, LLC, petitioners, request 21 to amend an Annexation and Planned Unit 22 development Agreement and request a rezoning to 23 increase the areas presently zoned B -3 Service 24 Business District and R -3 General Residence Depo Court Reporting Service (630) 983 -0030 II 7 1 District and to decrease the area presently zoned 2 as R -2 One- Family District and to modify the 3 existing lanned Unit Development approved for a l g P PP 4 part of the real property. 6 5 The real property consists of 6 approximately 587 acres at the northwest corner 7 of Galena Road and Route 47 in the United City of 8 Yorkville, Kendall County, Illinois. i 1 9 Is there someone here 10 representing the petitioner? f 11 MS. SPEARS: So moved. 12 MAYOR PROCHASKA: Spears so moved. 13 May I have a second? 14 MR. BOCK: Second. 15 MAYOR PROCHASKA: Moved and 16 seconded. May I have roll call, please? 17 MS. MILSCHEWSKI: Leslie. 18 MR. LESLIE: Aye. 19 MS. MILSCHEWSKI: Wolfer. 20 MR. WOLFER: Aye. 21 MS. MILSCHEWSKI: James. 22 MR. JAMES: Aye. 23 MS. MILSCHEWSKI: Burd. 24 MS. BURD: Aye. Depo Court Reporting Service (630) 983 -0030 8 1 MS. MILSCHEWSKI: Spears. 2 MR. SPEARS: Aye. 3 MR. MILSCHEWSKI: Bock. 4 MR. BOCK: Aye. 5 MS. MILSCHEWSKI: Besco. 6 MR. BESCO: Aye. 7 MAYOR PROCHASKA: Motion is carried. 8 We are now in public hearing. Someone 9 representing the petitioner? Please state your i 10 name for the record. 5 11 WHEREUPON: 'r 12 MATT CUDNEY, I 13 testified before the Yorkville City Council as 14 follows: 15 MR. CUDNEY: Matt Cudney with Del 16 Webb. Can I put the boards back here? 17 MAYOR PROCHASKA: Yes. 18 MR. CUDNEY: All right. Just to I 19 recap for everybody, what you are looking at are j 20 two different plans. The plan on your left is 21 the plan that was originally approved by the City 22 Council on September 27th, 2005. 23 The plan on the right is the 24 plan -- is the revised plan that we are Depo Court Reporting Service (630) 983 -0030 9 1 presenting tonight. It was passed by the Plan 2 Commission unanimously on April 12th and it was 3 before the EDC on April 27th. 4 Just to go over a couple 5 different things to try and make it very clear, I 6 if you look -- just to be clear, you know, what 7 we're talking about tonight really is basically 8 going to be this part here. Everything south of 9 ComEd lines. Everything north of e ComEd 10 lines, as you see here and here, is just the 11 same. i i 12 And again these -- this area 13 north of the ComEd lines, this is not really a 14 plan that has ever been approved by the city, 15 it's more a concept plan that is just drawn at 16 the request of the city when we were going i 17 through the process, so anything north of the 18 ComEd lines will need to come through the regular 19 process and get preliminary plan approval and 20 also final plat approval. 21 So basically what we are 22 speaking about tonight is everything south of the 23 ComEd lines. 24 What we basically have done is Depo Court Reporting Service (630) 983 -0030 10 1 that at the request of the city we have expanded 2 this commercial area now from the 30 acres here 3 to 110 acres, that takes up the entire frontage 4 of Route 47, and then in order to do that what 5 we've done then is eliminate the traditional 6 housing that was going to be on this parcel here 7 and just kind of moved the Del Webb parcel over. 8 So what I have, I was going to 9 show you a little comparison in terms of what 10 we've got in terms of the old area and the new 11 area and what that difference is. 12 I think the biggest difference 13 that you'll see is that the commercial acreage 14 has increased by about 81 acres, and the 15 residential area has -- has actually decreased by 16 about half. 17 By doing so, when you are 18 looking at the numbers, I thought it would be 19 kind of easy to compare apples to apples and 20 oranges to oranges, so the hand -out shows the 21 differences in the acreages for both the Del Webb 22 and the conventional parcels, and I think what 23 that's really telling is if you are looking at it 24 overall, total homes that were presented on the Depo Court Reporting Service (630) 983 -0030 11 1 original plan that were approved, and you look at 2 the total homes that are presented now, you have 3 a reduction in homes by about 36, and you'll 4 notice the densities are about the same. 5 One of the other major changes 6 that we made between the two plans -- and we are 7 talking specifically about the PUD and the Del 8 Webb portion of it -- is we eliminated the 9 multi - family section. 10 There were -- there was an area 11 of duplex units that we had in there and there 12 were 244 of those, and what we ended up doing 13 instead from some of the research that we've done I 14 and some of the things -- some of the recent I 15 projects we've had throughout the Chicagoland i 16 area what we've discovered is people are wanting 17 to have more of the single - family feel, so what 18 we've done is something similar to -- I'm not 19 sure how many of you have gone on a tour, but we 20 had actually viewed some of these homes when we 21 had gone on a tour last summer and so these are 22 going to be some of the smaller homes, they're 23 going to be smaller than the regular 24 single- family homes, but they're going to be Depo Court Reporting Service (630) 983 -0030 12 1 larger than what the duplex units were and 2 they're all going to be single- family homes and 3 there will be no multi - family units within this 4 development. 5 We believe that we can still 6 serve the price points that we had talked about 7 earlier for some of the price conscious buyers. 8 For some of the smaller, there will be something 9 a little bit smaller. i 10 The lot sizes themselves have 11 actually increased. When we were going back and 12 re -doing the plan we had the opportunity to add 13 to the sizes there, still relatively in the same 14 relative ballpark, 5500 to 6,000 square feet 15 ballpark, but what we've also been able to do is 16 configure the homes so that the neighborhoods i 17 flow a little bit differently. 18 Basically those are the big 19 changes in the plan. I don't want to take too 20 much time going over the specifics, but basically 21 I think the major advantages to the city is 22 definitely the increase in the amount of 23 commercial area along Route 47. 24 It really provides a nice I I Depo Court Reporting Service (630) 983 -0030 13 1 continuation of the commercial that is going to 2 be planned in that corner of Route 47 and Base 3 Line and also further south on Galena and 47 4 there as well, so it will provide a nice corridor i 5 for the city. 6 In addition, the reduction in 7 the number of conventional homes means reducing 8 impact to the school district in.terms of 9 students being generated, and we will continue to 10 work with the school district when the time comes 11 on the north parcel to provide a school site or 12 whatever else may be required at that time by the 13 school district when we go through with that 14 plan. So that basically in a nutshell is the 15 major differences to the plan. I 16 We talked last year about the 17 advantages of the Del Webb community and things 18 that it can provide, a reduction in the typical 19 number of services that are used by this type of 20 resident, and definitely the need for this type 21 of community within Yorkville. 22 So unless anybody has 23 questions, I think that -- everyone seems pretty 24 familiar. I know we have been through many, Depo Court Reporting Service (630) 983 -0030 i 14 1 many, many meetings last year about this, so 2 those are basically the big changes from the last 3 one. i 4 MAYOR PROCHASKA: I'd like to open 5 the floor to the residents. Is there anybody 6 that would like to address the City Council or i 7 address the developer on this development? 8 Yes, ma'am. Could you come j 9 forward? You need to come forward. State your 10 name. 11 UNIDENTIFIED AUDIENCE MEMBER: Just 12 want to know how many homes there will be. 13 MR. CUDNEY: There will be 994 homes 14 in the Del Webb community and there will be 15 two -- the way this plan is laid out, there are 16 going to be 265, so for a grand total of 1,259 i 17 homes. 18 What is presently approved 19 right now is 1,295 homes, so we are reducing the 20 total number of homes actually within this 21 community. 22 MAYOR PROCHASKA: Okay. Anyone else 23 that has any comments or questions? 24 (No response) Depo Court Reporting Service (630) 983 -0030 ICI 15 1 MAYOR PROCHASKA: I'd open it up to 2 the Council. k' 3 MS. BURD: I was just going to ask 4 if -- during the Economic Development we did 5 mention the frontage road, if you would just -- I 6 MR. CUDNEY: Sure. One of the 7 things in the old plan, there was only a 8 right -in, right -out to service the commercial -- 9 the smaller commercial area off of Galena, and 10 what we were able to do after some meetings with I 11 the county is there is actually going to be a 12 frontage road on the new plan that will actually 13 provide a full access into the commercial, so it 14 lines up with the approved plans for the Ocean 15 Atlantic on the south and it will provide direct I 16 access to people coming from the west, they will j I 17 not have to travel onto Route 47 to access the j I I 18 commercial area, which we believe is a big 19 benefit, especially when that area continues to 20 build out in terms of not only the Del Webb 21 community, but there is a contract piece also 22 under contract and there is a plan for that, in 23 addition to everything else going on with the 24 Ocean Atlantic properties, this full access will Depo Court Reporting Service (630) 983 -0030 16 1 provide a much better access to the commercial 2 area without having to have people to onto 3 Route 47. 4 Rose? 5 MR. JAMES: I have a question. 6 Everything on the south side there, is that all 7 age restricted? 8 MR. CUDNEY: Yes. 9 MR. JAMES: When you expanded that. 10 MR. CUDNEY: Yes. 11 MR. JAMES: When you say the 265 12 homes that are conventional -- 13 MR. CUDNEY: Right. 14 MR. JAMES: -- where are those 15 located? 16 MR. CUDNEY: Those are the ones that 17 are north of the power lines. 18 MR. JAMES: Okay. The one -- 19 MR. CUDNEY: And the 265 is just 20 what was shown on this particular plan. 21 MR. JAMES: Okay. Basically what 22 you did is you increased the area where it's 23 going to be age restricted. 24 MR. CUDNEY: Correct. Depo Court Reporting Service (630) 983 -0030 17 1 MR. JAMES: And I think it's going 2 to be good because that's less impact really to 3 the schools that we have homes -- yes, there is 4 homes coming in, more residents, but really there 5 is no impact to the schools. 6 MR. CUDNEY: No impact to the 7 schools, and then again you will have increased 8 property taxes that will go towards funding the 9 schools, but no -- with the age restricted 10 community, there will be no children allowed to 11 live within the community, so, therefore, you can 12 be guaranteed that there will not be any 13 residents with school age children. 14 MR. JAMES: And they still pay the 15 school impact fee. r 16 MR. CUDNEY: They still pay -- they 17 pay -- what we've done is we've -- with our 18 Atlantic's agreement we have come to a separate 19 agreement with the school district on what our 20 donation will be for that. 21 MR. LESLIE: I have some questions. 22 The conventional homes, those are on the 5,000 23 square foot lot size? 24 MR. CUDNEY: No. The conventional Depo Court Reporting Service (630) 983 -0030 18 1 homes, it has -- Right how it has the regular 2 zoning. It will have to come through the regular 3 approval process. 4 And what we're requesting at 5 this point is right now it's zoned with having 6 12,000 square foot lots, we are requesting a 7 variance, and the variance will say that if there i 8 are any lots that are open -- or adjacent to open j I 9 space or detention that they may be allowed to be 10 the 10,000 square foot that you have allowed in 11 previous developments. i i 12 MR. LESLIE: For only those lots. 13 MR. CUDNEY: For only those lots. 14 And everything else -- And only those lots that 15 will be adjacent to those, and those will be 16 decided when it comes through for the preliminary i 17 plan and also the final plan. I 18 MR. LESLIE: What's the difference 19 in a single- family, which you have in the 427 20 home increase, versus a conventional? 21 MR. CUDNEY: The single- family -- 22 There is a difference between the conventional 23 and the Del Webb, so what I've done with the Del 24 Webb is I've actually listed what we are actually Depo Court Reporting Service (630) 983 -0030 19 1 providing there, so everything on Del Webb is now 2 going to be single - family instead of 3 multi- family, so instead of a duplex, they are 4 single- family. But they are all age- restricted 5 homes. I 6 MR. LESLIE: In the original Del 7 Webb, though, the original, 5,000 square foot I 8 lots? S 9 MR. CUDNEY: Right. With the PUD 4 10 they showed smaller lots sizes, though. 11 MR. LESLIE: Hadn't you petitioned 12 for like 5,000 square foot lots? 13 MR. CUDNEY: Right, with the PUD. 14 MR. LESLIE: So this won't be 15 extended to these new homes. 16 MR. CUDNEY: It will -- what we'll 17 do is just extend the PUD and the PUD itself 4 18 slides over with this new revised land plan, so 19 it's a new land plan. It's keeping the same 20 requirements that were provided and approved by 21 the old plan. 22 MR. LESLIE: Which were 5,000 square 23 foot lots? 24 MR. CUDNEY: Right. Or Depo Court Reporting Service (630) 983 -0030 20 1 restricted -- just on the age restricted part. 2 Age restricted part. 3 MAYOR PROCHASKA: Age restricted 4 only. 5 MR. LESLIE: I understand it's all 6 age restricted now, is that not right? 7 MR. CUDNEY: Everything south of the 8 ComEd is. q 9 MR. LESLIE: Okay. But that portion 10 there, correct me if I am wrong, the eastern half 11 was age restricted, the western half was not; is 12 that correct? 13 MAYOR PROCHASKA: No, no. The old 14 plan, the light yellow was conventional housing. 15 MR. LESLIE: It was not age 16 restricted? 17 MAYOR PROCHASKA: It was not age 18 restricted. 19 MR. LESLIE: That's my point, now it 20 is age restricted. 21 MAYOR PROCHASKA: Right. 22 MR. LESLIE: Which means it carries i 23 forward with the PUD of 5,000 square foot lots; 24 is that correct? Depo Court Reporting Service (630) 983 -0030 21 1 MR. CUDNEY: Correct. 2 MR. LESLIE: So I don't understand 3 your math here. The homes you are building -- 4 granted the homes are the same, but the lot 5 dimensions are less than half of that if you I 6 extend PUD; is that correct? 7 MR. CUDNEY: What you are looking 8 at -- and the map is correct on this -- if you j 9 are looking at what we've -- what we've done is i 10 we've changed the land plan significantly, so 11 what we have done is added more lots, and in 12 adding more lots, we have added more green space 13 as well, and the density doesn't change, and the 14 number of homes actually -- even though the 15 density increases, when you start looking with 16 acreages, is what happened with acreages, we lost 17 the acreage on the commercial site and so you are 18 kind of sliding these over, so if you look at 19 what actually has been done, your residential 20 area is -- was 81 acres, 84 acres. 21 The density that we have would 22 be three, so if you go three times eight, we 23 actually have 240 more homes on it, if you went 24 strictly what the density was, and we did not add Depo Court Reporting Service (630) 983 -0030 22 1 that many homes. 2 MR. LESLIE: Your density 3 attribution for conventional versus age 4 restricted, I assume there is a differential 5 there, age restricted being what, two per 6 household, conventional being -- 7 MR. CUDNEY: Well, this has nothing I � 8 to do with population. This has nothing to do 9 with population. It's total number of units. I 10 MR. LESLIE: I don't understand how 11 the math adds up, went from conventional lots at 12 10,000 square foot to 5,000 square foot lots, so 13 basically the commercial is taking up that 14 additional segment of the 80 acres. 15 MR. CUDNEY: Correct. 16 MAYOR PROCHASKA: Right. 17 MR. CUDNEY: All we're doing is 18 adding -- if you look -- I don't know if I 19 necessarily the math is what's important 20 necessarily to work out per se, but if you look i 21 at what the plan is, the plan that is before you 22 now is the 944 homes going up from the 811 homes 23 that was originally approved, so regardless of 24 what the density is or how the math works out, Depo Court Reporting Service (630) 983 -0030 23 1 what we're actually looking at is, you know, 2 adding an additional 183 Del Webb homes, but 3 reducing at least the 219 of the conventional 4 homes, and, you know, it may not -- it may not 5 look right or it may not -- may not necessarily 6 add up, but that's what the plan -- what the plan 7 is, so I don't necessarily think you need to get 8 hung up on math. Look at the plan before you, 9 it's the 944 homes. 10 MR. LESLIE: Basically we are l 11 increasing the Del Webb by another 15 percent, P, 12 Del Webb type homes, roughly. i 13 MR. CUDNEY: It's not -- 180 homes 14 and the original was 811, so -- 15 MR. LESLIE: I'm sorry. 567 to 944. 16 MR. CUDNEY: Okay. Also add the l 17 multi - family as well, because we -- the 244 18 multi - family. So if you look at the totals, it 19 went from 811 to 944, which is an additional 183 20 Del Webb homes. 21 And, you know, I think part of 22 the reason why, you know, when you are looking at 23 the math and it may not be working necessarily is 24 the multi - family lots were in much smaller lots. Depo Court Reporting Service (630) 983 -0030 24 1 MR. LESLIE: Okay. So the unit 2 densities were higher. 3 MR. CUDNEY: Right. The unit 4 densities for the multi - family were higher. 5 MR. LESLIE: Okay. 6 MR. CUDNEY: So it's not as skewed 7 as it might seem. 8 MS. BURD: Actually I think it might 9 be more attractive because they are all going to 10 be single- family homes and it will be more of a 11 cohesiveness as a community, don't you think? 12 MR. CUDNEY: You know, it comes down 13 to consumer preference I think, and I think what 14 we have seen recently, the market trends show 15 that people are preferring to have more of a 16 single- family feel. 17 MAYOR PROCHASKA: Anyone else? 18 (No Response) 19 MAYOR PROCHASKA: If not, I would 20 entertain a motion to close the public hearing. 21 MR. BESCO: So moved. 22 MS. BURD: Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service (630) 983 -0030 25 1 MS. MILSCHEWSKI: Wolfer. 2 MR. WOLFER: Aye. 3 MS. MILSCHEWSKI: James. 4 MR. JAMES: Aye. 5 MS. MILSCHEWSKI: Burd. i 6 MS. BURD: Aye. 9 `s 7 MS. MILSCHEWSKI: Spears. 8 MS. SPEARS: Aye. j 9 MS. MILSCHEWSKI: Bock. 10 MR. BOCK: Aye. 11 MS. MILSCHEWSKI: Besco. 12 MR. BESCO: Aye. I 13 MS. MILSCHEWSKI: Leslie. 14 MR. LESLIE: Aye. 15 MAYOR PROCHASKA: Motion is carried, 16 and now the next petition -- next petition is the 17 petition that has actually asked to be postponed, 18 but we do need to go in to open it, correct? 19 MR. WYETH: Yes, you will go in and 20 open it. 21 MAYOR PROCHASKA: I will entertain a 22 motion to go into public hearing for the 23 discussion of MPI Number 6 South Yorkville, LLC, 24 petitioner, request to annex to the United City i Depo Court Reporting Service (630) 983 -0030 26 1 of Yorkville and rezone from Kendall County A -1 2 Agricultural to the United City of Yorkville 3 Planned Unit Development containing R -2, 4 One - Family Residence District, R -2 Duplex, I 5 Two - Family Residence District, R -3 General 6 Residence District, R -4 General Residence 7 District, and B -2 General Business District. 8 The real property consists of 9 approximately 916.44 acres east of Immanuel Road, j i 10 north and south of Ament Road, west of Route 47, I 11 and north and south of Walker Road, Kendall 12 Township, Kendall County, Illinois. 13 MR. JAMES: So moved. 14 MR. WOLFER: Second. 15 MAYOR PROCHASKA: Moved and i I 16 seconded. May I have roll call, please? 17 MS. MILSCHEWSKI: Wolfer. 18 MR. WOLFER: Aye. 19 MS. MILSCHEWSKI: James. 20 MR. JAMES: Aye. 21 MS. MILSCHEWSKI: Munns. 22 MR. MUNNS: Aye. 23 MS. MILSCHEWSKI: Burd. 24 MS. BURD: Aye. Depo Court Reporting Service (630) 983 -0030 27 1 MS. MILSCHEWSKI: Spears. 2 MS. SPEARS: Aye. 3 MS. MILSCHEWSKI: Bock. 4 MR. BOCK: Aye. 5 MS. MILSCHEWSKI: Besco. j 6 MR. BESCO: Aye. 7 MS. MILSCHEWSKI: Leslie. 8 MR. LESLIE: Aye. 9 MAYOR PROCHASKA: Motion is carried. 10 The petitioner has requested that this be 11 postponed, but I would open the floor, if there 12 is anyone here that has come this evening that 13 would like to address the City Council on this 14 public hearing. 15 (No Response) 16 MAYOR PROCHASKA: Hearing none, I 17 would entertain a motion to postpone this public 18 hearing to the United City of Yorkville City 19 Council meeting of June 13th, 2006. 20 MR. WOLFER: So moved. 21 MS. BURD: Second. 22 MAYOR PROCHASKA: Moved and 23 seconded. May I have roll call, please? 24 MS. MILSCHEWSKI: James. Depo Court Reporting Service (630) 983 -0030 28 1 MR. JAMES: Aye. 2 MS. MILSCHEWSKI: Munns. 3 MR. MUNNS: Aye. 4 MS. MILSCHEWSKI: Burd. 5 MS. BURD: Aye. 6 MS. MILSCHEWSKI: Spears. 7 MS. SPEARS: Aye. 8 MS. MILSCHEWSKI: Bock. 9 MR. BOCK: Aye. 10 MS. MILSCHEWSKI: Besco. 11 MR. BESCO: Aye. 12 MS. MILSCHEWSKI: Leslie. 13 MR. LESLIE: Aye. 14 MS. MILSCHEWSKI: Wolfer. 15 MR. WOLFER: Aye. 16 MAYOR PROCHASKA: Motion is carried. i 17 Next we have a public hearing. ' k 18 I would entertain a motion to go into public 19 hearing to discuss the revised PUD ordinance for i 20 the United City of Yorkville. i 21 MS. BURD: So moved. 22 MS. SPEARS: Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service (630) 983 -0030 29 1 MS. MILSCHEWSKI: James. 2 MR. JAMES: Aye. 3 MS. MILSCHEWSKI: Munns. �I 4 MR. MUNNS: Aye. 5 MS. MILSCHEWSKI: Burd. 6 MS. BURD: Aye. 7 MS. MILSCHEWSKI: Spears. 8 MS. SPEARS: Aye. 9 MS. MILSCHEWSKI: Bock. 10 MR. BOCK: Aye. 11 MS. MILSCHEWSKI: Besco. 12 MR. BESCO: Aye. '3 13 MS. MILSCHEWSKI: Leslie. 14 MR. LESLIE: Aye. 15 MS. MILSCHEWSKI: Wolfer. 16 MR. WOLFER: Aye. 17 MAYOR PROCHASKA: Motion is carried. 18 We are in public hearing. 19 Mr. Miller, would you like to I 20 explain for the Council and to the audience? 21 MR. MILLER: Absolutely. Before you 22 is a recommendation that's been generated by 23 staff. 24 A public hearing was held Depo Court Reporting Service (630) 983 -0030 30 1 April 12th at the Plan Commission, and they did 2 move a favorable recommendation to modify the 3 Planned Unit Development ordinance. 4 The purpose of the recommended 5 modifications, there are three. Primary purpose � 6 is the first being time and expense to the 7 petitioner under our current ordinance, the 8 current Planned Unit Development ordinance. 9 As you understand the process, 10 the city requires concept plans be presented and 11 reviewed and input gathered, followed by 12 submittal of preliminary plans that include 13 preliminary engineering that can get quite a high 14 level of detail required -- a high level of 15 detail required from the petitioner prior to any 16 entitlement for the property or any assurances of 17 approval on behalf of the city for the plans. 18 So that you know, a Planned 19 Unit Development should be an incentive for a 20 developer to go above and beyond conventional 21 zoning. 22 The way our current ordinance 23 is structured, staff's opinion is that it could 24 be a deterrent for developments, particularly Depo Court Reporting Service (630) 983 -0030 31 1 larger developments, to use that tool. So that's 2 one purpose for the modification record changes. 3 Secondly, the current Planned 4 Unit Development ordinance, to review 5 historically how it's been applied and utilized 6 within the city, it's basically -- historically 7 it's been a way to buffer variances; in other 8 words, if a development wants to move forward I 9 that is proposing something other than what the i 10 conventional zoning ordinance allows in terms of 11 lot size, in terms of density, in terms of use, 12 that would be coupled with -- or that would 13 include a list of variances, a PUD is going to 14 wait for a developer to come through and not have 15 to ask for that laundry list of variances folded 16 into the PUD request. 17 I think the city -- my opinion 18 is is that the city should require something more 19 from the petitioner in those situations, so the i 20 PUD should be something unique. 21 A PUD development should be 22 something unique in terms of architectural style, i 23 in terms of the product, the development that 24 it's delivering to the city, so language has been Depo Court Reporting Service (630) 983 -0030 32 1 added on this recommendation to identify what 2 those guidelines are and what the petitioner 3 should expect to go above and beyond in their � a 4 application when they come forward with a PUD p' 5 request. 6 Thirdly, there is a minor, but 7 I think a point worth making from an 8 administrative standpoint and a recordkeeping 9 standpoint. i 10 When you treat PUD as a special 11 use, the underlying zoning remains, so as we look 12 at the zoning map of the city, there is no way to 13 clearly understand which properties come through 14 with PUD's, special approvals, and straight 15 zoning, so from an administration standpoint, it 16 becomes more difficult as we are processing 17 building permits and as development occurs to 18 keep a handle on what is a PUD special use and 19 what is straight zoning, so the way this 20 recommended ordinance is structured, a Planned 21 Unit Development would be treated as a zoning 1 22 district. 23 So similar to having a 24 residential district, business district, this i Depo Court Reporting Service (630) 983 -0030 I 33 1 would be a PUD zoning district, so having said 2 that, the process of approval would be much like 3 a zoning approval or a zoning map amendment that 4 you are accustomed to. i 5 So that would require the same i 6 amount of public hearings for that, so there 7 would be a higher level of monitoring these as 8 they come through in terms of the public input a 9 and public opportunity to provide input. 10 The trade -off there is that 11 there would be entitlements given on a conceptual 12 plan, so the -- when you review a concept plan 13 rather than just giving input, with the PUD you 14 would be granting a PUD zoning classification 15 that in turn would be giving entitlement to the 16 uses that have been shown on that concept plan, i 17 that would be tied directly to the densities, the I 18 number of dwelling units, as well as the uses 19 themselves. 20 As you read through the 21 ordinance, proposed ordinance, that was attached, 22 the concept plan between a concept and a 23 preliminary plan submittal, the petitioner could 24 make adjustments of up to ten percent of any of Depo Court Reporting Service (630) 983 -0030 34 1 those land uses, that would be considered a minor 2 change and not require an additional public 3 hearing. I 4 They could move right into a 5 preliminary plan, between preliminary and final 6 plat. That is tightened to five percent, so i 7 there is some build -outs in this ordinance that I 8 think will be useful for staff and for you as 9 these petitions go through, so we are not i 10 creating additional public hearings or public I 11 meetings for minor changes. r 12 So the ordinance attached with 13 the recommended changes addresses those items. 14 Everything that's highlighted in yellow in the 15 ordinance that was in your packet is new language 16 to the ordinance, and everything that is a strike 17 through is the language that we are recommending 18 be removed from the ordinances. 19 With that, I can answer any 20 questions. 21 MAYOR PROCHASKA: Anyone in the 22 audience that would like to address the City 23 Council, ask questions, or further clarification? 24 (No response) Depo Court Reporting Service (630) 983 -0030 35 1 MAYOR PROCHASKA: Any comments from 2 the Council? 3 (No response) 4 MAYOR PROCHASKA: I would just like 5 to say that I think, Travis, you and the staff 6 have worked very hard because a lot of these 7 things we have talked about, but we've never had 8 the guidelines, especially the part where as part 9 of a PUD be asking for more things, too, and so 10 maybe it truly is a unique development, which is 11 what the PUD law in the state allows, that it is 12 a unique development, so by adding this 13 paragraph, if everybody would look at Page 2, 14 where I believe that's where you are talking 15 about -- 16 MR. MILLER: Right. Under the 17 purpose section. 18 MAYOR PROCHASKA: Under the purpose 19 and looking at -- talking about architectural 20 issues, utilizing materials and designs of 21 buildings providing a maximum choice of living 22 environment, environmental issues, meeting useful 23 pattern of open space. 24 Just a lot of those things that Depo Court Reporting Service (630) 983 -0030 36 1 I think we've hit on, but it's never really been 2 written down, and I think now when someone comes 3 in and looks at this, they know what they can 4 expect the city is going to require, and I like 5 that being in writing. 6 Anyone else? 7 (No Response) 8 MR. BESCO: Good job. Looks good. j 9 MR. WOLFER: Absolutely. 10 MAYOR PROCHASKA: If there is no 11 further discussion, I would entertain a motion to 12 close the public hearing. 13 MR. WOLFER: So moved. 14 MS. BURD: Second. 15 MAYOR PROCHASKA: Moved and 16 seconded. May I have roll call, please? 17 MS. MILSCHEWSKI: Munns. i 18 MR. MUNNS: Aye. 19 MS. MILSCHEWSKI: Burd. 20 MS. BURD: Aye. 21 MS. MILSCHEWSKI: Spears. 22 MS. SPEARS: Aye. 23 MS. MILSCHEWSKI: Bock. 24 MR. BOCK: Aye. Depo Court Reporting Service (630) 983 -0030 37 1 MS. MILSCHEWSKI: Besco. 2 MR. BESCO: Aye. 3 MS. MILSCHEWSKI: Leslie. 4 MR. LESLIE: Aye. 5 MS. MILSCHEWSKI: Wolfer. 6 MR. WOLFER: Aye. 7 MS. MILSCHEWSKI: James. 8 MR. JAMES: Aye. 9 MAYOR PROCHASKA: Motion is carried. 10 (Which were all the 11 proceedings had in 12 the public hearing.) 13 --- 000 - -- 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 II 38 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 han his Lay of 16 2006. 17 18 19 1 20 aCR TINE Q M VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service (630) 983 -0030 i Yorkville City Council 39 May 9, 2006 084 - 002883 38:24 84 21:20 adjacent 18:8, 18:15 9:14, 11:1, 14:18, 1 6:19 9.81 3:12 adjustments 33:24 15:14, 19:20, 22:23 1,259 14:16, 14:16 916.44 26:9 administration approximately 3:12, 1,295 14:19, 14:19 94 23:19 32:15 7:6, 26:9 10,000 18:10, 18:10, 944 22:22, 23:9, administrative 32:8 April 9:2, 9:3, 30:1 22:12, 22:12 23:15 Administrator 2:11 architectural 31:22, 110 10:3 994 14:13 advantages 12:21, 35:19 12,000 18:6 18:6 13:17 area 7:1 9:12 10:2 12th 9:2, 30:1 aforesaid 38:14 10:10, 10:11, 10:15, 13th 5:2, 5:7, 5:17, <A> Age 16:7, 16:23, 11:10, 11:16, 12:23, 27:19 A -1 26:1 17:9, 17:13, 20:1, 15:9, 15:18, 15:19, 15 23:11 able 12:15, 15:10 20:2, 20:3, 20:6, 16:2, 16:22, 21:20 180 23:13 above 30:20, 32:3 20:11, 20:15, 20:17, areas 6:23 183 23:2, 23:19 above - entitled 1:7 20:20, 22:3, 22:5 ARTHUR 2:2 2 6:19, 35:13 Absolutely 29:21, age- restricted 19:4 assume 22:4 2005 8:22 36:9 agenda 6:16 assurances 30:16 2006 5:17, 27:19 access 15:13, 15:16, Agreement 3:9, Atlantic 15:15, 2006. 38:18 15:17, 15:24, 16:1 6:22, 17:18, 17:19 15:24, 17:18 219 23:3 accustomed 33:4 Agricultural 26:2 attached 33:21, 240 21:23 acreage 10:13, Alderman 2:3, 2:4, 34:12 244 11:12, 23:17 21:17 2:6, 2:7, 2:8, 2:9 attractive 24:9 24th 4:21 acreages 10:21, Alderwoman 2:5, attribution 22:3 26 14:16 21:16, 21:16 2:10 AUDIENCE 14:11, 265 16:11, 16:19 acres 3:12, 7:6, Allegiance 3:1 29:20, 34:22 27th 8:22, 9:3 10:2, 10:3, 10:14, allowed 17:10, 18:9, 3 11:3 21:20, 21:20, 22:14, 18:10 30 10:2 26:9 allows 4:22, 31:10, <B> 4 10:4, 26:10 Actually 10:15, 35:11 B -2 26:7 427 18:19 11:20, 12:11, 14:20, amend 6:21 B -3 3:7, 4:23, 6:23 , 47 3:12, 7:7, 12:23, 15:11, 15:12, 18:24, amendment 33:3 back 5:9, 8:16, 12:11 13:2, 13:3, 15:17, 18:24, 21:14, 21:19, Ament 3:13, 26:10 ballpark 12:14, 16:3 21:23, 23:1, 24:8, amount 12:22, 33:6 12:15 5,000 17:22, 17:22, 25:17 ANN 2:10 Bank 3:5 19:7, 19:7, 19:12, add 12:12, 21:24, annex 3:6, 25:24 Base 13:2 19:12, 19:22, 19:22, 23:6, 23:16 Annexation 3:9, Basically 9:7, 9:21, 20:23, 20:23, 22:12, added 21:11, 21:12, 6:21 9:24, 12:18, 12:20, 22:12 32:1 answer 34:19 13:14, 14:2, 16:21, 5500 12:14 adding 21:12, 22:18, anybody 5:12, 22:13, 23:10, 31:6 567 23:15 23:2, 35:12 13:22, 14:5 becomes 32:16 587 7:6 addition 4:23, 13:6, appeared 2:18 behalf 2:18, 30:17 6 25:23 15:23 apples 10:19, 10:19 believe 12:5, 15:18, 6,000 12:14, 12:14 additional 22:14, application 32:4 35:14 7:00 1:9, 1:9 23:2, 23:19, 34:2, applied 31:5 benefit 15:19 80 22:14 34:10 approval 9:19, 9:20, BESCO 2:9, 3:21, 800 1:9 address 14:6, 14:7, 18:3, 30:17, 33:2, 3:22, 6:7, 6:8, 8:5, 81 10:14, 21:20, 27:13, 34:22 33:3 8:6, 24:21, 25:11, 23:14 addresses 34:13 approvals 32:14 25:12, 27:5, 27:6, 81122:22, 23:19 adds 22:11 approved 7:3, 8:21, 28:10, 28:11, 29:11, Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 40 May 9, 2006 29:12, 36:8, 37:1, 14:2, 31:2, 34:11, 33:12, 33:16, 33:22, 16:13, 16:16, 16:19, 37:2 34:13 33:22 16:24, 17:6, 17:16, better 16:1 Chicagoland 11:15 conceptual 33:11 17:24, 18:13, 18:21, beyond 30:20, 32:3 children 17:10, configure 12:16 19:9, 19:13, 19:16, big 12:18, 14:2, 17:13 conscious 12:7 19:24, 20:7, 21:1, 15:18 choice 35:21 considered 34:1 21:7, 22:7, 22:15, biggest 10:12 CHRISTINE 1:8, consists 3:11, 7:5, 22:17, 23:13, 23:16, bit 12:9, 12:17 38:6, 38:23 26:8 24:3, 24:6, 24:12 boards 8:16 City 1:1, 1:2, 1:10, consumer 24:13 current 30:7, 30:8, BOCK 2:8, 4:9, 4:10, 2:11, 2:13, 2:19, 3:6, containing 26:3 30:22, 31:3 6:5, 6:6, 7:14, 8:3, 4:17, 5:17, 7:7, 8:13, contains 38:14 8:4, 25:9, 25:10, 8:21, 9:14, 9:16, continuation 13:1 27:3, 27:4, 28:8, 10:1, 12:21, 13:5, continue 13:9 <D> 28:9, 29:9, 29:10, 14:6, 25:24, 26:2, continued 4:20, 5:4 DANIEL 4:16 36:23, 36:24 27:13, 27:18, 27:18, continues 15:19 date 5:2 buffer 31:7 28:20, 30:10, 30:17, contract 15:21, day 4:23, 38:17 build 15:20 31:6, 31:17, 31:18, 15:22 DEAN 2:6 build -outs 34:7 31:24, 32:12, 34:22, conventional 10:22, decided 18:16 building 21:3, 32:17 36:4 13:7, 16:12, 17:22, decrease 7:1 buildings 35:21 clarification 34:23 17:24, 18:20, 18:22, decreased 10:15 BURD 2:5, 3:15, 4:5, classification 33:14 20:14, 22:3, 22:6, definitely 12:22, 4:6, 5:19, 6:1, 6:2, clear 9:5, 9:6 22:11, 23:3, 30:20, 13:20 7:23, 7:24, 15:3, clearly 32:13 31:10 Del 8:15, 10:7, 24:8, 24:22, 25:5, Clerk 2:13 corner 7:6, 13:2 10:21, 11:7, 13:17, 25:6, 26:23, 26:24, close 24:20, 36:12 Corporation 6:19 14:14, 15:20, 18:23, 27:21, 28:4, 28:5, cohesiveness 24:11 Correct 5:5, 16:24, 18:23, 19:1, 19:6, 28:21, 29:5, 29:6, Corned 9:9, 9:9, 20:10, 20:12, 20:24, 23:2, 23:11, 23:12, 36:14, 36:19, 36:20 9:13, 9:18, 9:23, 20:8 21:1, 21:6, 21:8, 23:20 Business 3:7, 4:24, comes 13:10, 18:16, 22:15, 25:18, 38:13 delivering 31:24 6:24, 26:7, 32:24, 24:12, 36:2 correction 4:12 densities 11:4, 24:2, 38:8 coming 15:16,17:4 corridor 13:4 24:4, 33:17 buyers 12:7 comments 14:23, Council 1:1, 4:17, density 21:13, 35:1 5:1, 5:17, 8:13, 8:22, 21:15, 21:21, 21:24, commercial 10:2, 14:6, 15:2, 27:13, 22:2, 22:24, 31:11 <C> 10:13, 12:23, 13:1, 27:19, 29:20, 34:23, designs 35:20 C.S.R. 1:8, 38:23 15:8, 15:9, 15:13, 35:2 detail 30:14, 30:15 call 3:20, 5:24, 7:16, 15:18, 16:1, 21:17, Counsel 2:17 detention 18:9 24:24, 26:16, 27:23, 22:13 COUNTY 3:14, 7:8, deterrent 30:24 28:24, 36:16 Commission 4:21, 15:11, 26:1, 26:12, developer 14:7, care 4:23 5:9, 9:2, 30:1 38:3 30:20, 31:14 carried 4:11, 8:7, community 13:17, couple 9:4 Development 6:22, 25:15, 27:9, 28:16, 13:21, 14:14, 14:21, coupled 31:12 7:3, 12:4, 14:7, 15:4, 29:17, 37:9 15:21, 17:10, 17:11, creating 34:10 26:3, 30:3, 30:8, carries 20:22 24:11 CROIS 2:11 30:19, 31:4, 31:8, Certified 38:7 compare 10:19 CSR 38:24 31:21, 31:23, 32:17, change 21:13, 34:2 comparison 10:9 CUDNEY 8:12, 8:15, 32:21, 35:10, 35:12 changed 21:10 complete 4:24 8:15, 8:18, 14:13, developments changes 11:5, 12:19, concept 9:15, 30:10, 15:6, 16:8, 16:10, 18:11, 30:24, 31:1 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 41 May 9, 2006 difference 10:11, ended 11:12 followed 30:11 27:16, 27:18, 28:17, 10:12, 18:18, 18:22 engineering 30:13 follows 4:18, 8:14 28:19, 29:18, 29:24, differences 10:21, entertain 3:3, 5:11, foot 17:23, 18:6, 34:3, 36:12, 38:11, 13:15 5:15, 6:18, 24:20, 18:10, 19:7, 19:12, 38:15 different 4:13, 8:20, 25:21, 27:17, 28:18, 19:23, 20:23, 22:12, hearing. 37:12 9:5 36:11 22:12 hearings 33:6, 34:10 differential 22:4 entire 10:3 foregoing 38:11, held 29:24 differently 12:17 entitlement 30:16, 38:12 Herb 3:4 difficult 32:16 33:15 forward 14:9, 14:9, hereunto 38:16 dimensions 21:5 entitlements 33:11 20:23, 31:8, 32:4 high 30:13, 30:14 direct 15:15 environment 35:22 frontage 10:3, 15:5, higher 24:2, 24:4, directly 33:17 environmental 15:12 33:7 discovered 11:16 35:22 full 15:13, 15:24 highlighted 34:14 discuss 28:19 especially 15:19, funding 17:8 historically 31:5, discussion 3:4, 35:8 31:6 25:23, 36:11 evening 5:12, 27:12 hit 36:1 District 3:7, 3:8, everybody 8:19, <G> Home 6:19,18:20 6:24, 7:1, 7:2, 13:8, 35:13 Galena 7:7, 13:3, homes 10:24, 11:2, 13:10, 13:13, 17:19, everyone 13:23 15:9 11:3, 11:20, 11:22, 26:4, 26:5, 26:6, Everything 9:8, 9:9, Game 1:9 11:24, 12:2, 12:16, 26:7, 26:7, 32:22, 9:22, 15:23, 16:6, gathered 30:11 13:7, 14:12, 14:13, 32:24, 32:24, 33:1 18:14, 19:1, 20:7, General 6:24, 26:5, 14:17, 14:19, 14:20, doing 10:17, 11:12, 34:14, 34:16 26:6, 26:7 16:12, 17:3, 17:4, 22:17, 38:8 existing 7:3 generated 13:9, 17:22, 18:1, 19:5, donation 17:20 expanded 10:1, 16:9 29:22 19:15, 21:3, 21:4, done 9:24, 10:5, expect 32:3, 36:4 given 33:11 21:14, 21:23, 22:1, 11:13, 11:18, 17:17, expense 30:6 giving 33:13, 33:15 22:22, 22:22, 23:2, 18:23, 21:9, 21:11, explain 29:20 grand 14:16 23:4, 23:9, 23:12, 21:19 extend 19:17, 21:6 granted 21:4 23:13, 23:20, 24:10 down 24:12, 36:2 extended 19:15 granting 33:14 Honor 4:19 drawn 9:15 green 21:12 hour 1:9 duly 38:6 guaranteed 17:12 household 22:6 Duplex 11:11, 12:1, <F> guidelines 32:2, housing 10:6, 20:14 19:3, 26:4 F. 2:2 35:8 hung 23:8 during 15:4 familiar 13:24 dwelling 33:18 Farm 1:9 favorable 30:2 <H> < 1 > fee 17:15 half 10:16, 20:10, identify 32:1 <E> feel 11:17, 24:16 20:11, 21:5 Illinois 1:2, 1:10, earlier 12:7 feet 12:14 hand 38:17 2:19, 3:14, 7:8, east 26:9 final 9:20, 18:17, hand -out 10:20 26:12, 38:1, 38:9 eastern 20:10 34:5 handle 32:18 Immanuel 26:9 easy 10:19 first 3:2, 5:11, 30:6, happened 21:16 impact 13:8, 17:2, Economic 15:4 38:6 hard 35:6 17:5, 17:6, 17:15 EDC 9:3 five 34:6 Hearing 3:4, 3:9, important 22:19 eigh 21:22 floor 14:5, 27:11 4:20, 5:16, 5:23, incentive 30:19 eliminate 10:5 flow 12:17 6:17, 6:18, 8:8, include 30:12, 31:13 eliminated 11:8 folded 31:15 24:20, 25:22, 27:14, increase 6:23, i Depo Court Reporting Service (630) 983 -0030 I Yorkville City Council 42 May 9, 2006 12:22, 18:20 laid 14:15 32:11, 35:13 modifications 30:5 increased 10:14, land 19:18, 19:19, looking 8:19, 10:18, modify 7:2, 30:2 12:11, 16:22, 17:7 21:10, 34:1 10:23, 21:7, 21:9, monitoring 33:7 increases 21:15 language 31:24, 21:15, 23:1, 23:22, Motion 3:3, 4:11, increasing 23:11 34:15, 34:17 35:19 5:11, 5:16, 5:21, input 30:11, 33:8, larger 12:1, 31:1 Looks 36:3, 36:8 6:18, 8:7, 24:20, 33:9, 33:13 LASALLE 38:3 lost 21:16 25:15, 25:22, 27:9, instead 11:13, 19:2, last 11:21, 13:16, lot 12:10, 17:23, 27:17, 28:16, 28:18, 19:3 14:1, 14:2 21:4, 31:11, 35:6, 29:17, 36:11, 37:9 issues 35:20, 35:22 laundry 31:15 35:24 move 30:2, 31:8, items 34:13 law 35:11 lots 18:6, 18:8, 34:4 itself 19:17 least 23:3 18:12, 18:13, 18:14, Moved 3:15, 3:19, left 8:20 19:8, 19:10, 19:12, 5:18, 5:20, 7:11, Legion 3:13 19:23, 20:23, 21:11, 7:12, 7:15, 10:7, <J> LESLIE 2:4, 3:18, 21:12, 22:11, 22:12, 24:21, 24:23, 26:13, J. 4:16 3:20, 3:23, 3:24, 23:24, 23:24 26:15, 27:20, 27:22, JACQUELYN 2:13 5:18, 6:9, 6:10, 7:17, 28:21, 28:23, 36:13, JAMES 2:3, 2:8, 4:3, 7:18, 17:21, 18:12, 36:15 4:4, 6:13, 6:14, 7:21, 18:18, 19:6, 19:11, < M > MPI 25:23 7:22, 16:5, 16:9, 19:14, 19:22, 20:5, M. 1:8, 38:6, 38:23 MPIV 6:19 16:11, 16:14,16:18, 20:9, 20:15, 20:19, ma'am 14:8 MPLV 6:19 16:21, 17:1, 17:14, 20:22, 21:2, 22:2, major 11:5,12:21, multi - family 11:9, 25:3, 25:4, 26:13, 22:10, 23:10, 23:15, 13:15 12:3, 19:3, 23:17, 26:19, 26:20, 27:24, 24:1, 24:5, 25:13, map 21:8, 32:12, 23:18, 23:24, 24:4 28:1, 29:1, 29:2, 25:14, 27:7, 27:8, 33:3 MUNNS 2:7,26:21, 37:7, 37:8 28:12, 28:13, 29:13, market 24:14 26:22, 28:2, 28:3, JASON 2:4 29:14, 37:3, 37:4 MARTY 2:7 29:3, 29:4, 36:17, job 36:8 less 17:2, 21:5 materials 35:20 36:18 JOHN 2:11, 2:17 level 30:14, 30:14, math 21:3, 22:11, JOSEPH 2:9 33:7 22:19, 22:24, 23:8, June 5:17, 27:19 License 38:24 23:23 <N> JUSTIN 2:17 light 20:14 Matt 8:12, 8:15 name 8:10,14:10 Line 13:3 matter 1:7 necessarily 22:19, lines 9:9, 9:10, 9:13, maximum 35:21 22:20, 23:5, 23:7, <K> 9:18, 9:23,15:14, means 13:7, 20:22 23:23 keep 32:18 16:17 MEETING 1:1, 1:6, need 4:24, 9:18, keeping 19:19 list 31:13, 31:15 4:21, 5:17, 27:19, 13:20, 14:9, 23:7, Kendall 3:14, 3:14, listed 18:24 35:22 25:18 7:8, 26:1, 26:11, little 10:9, 12:9, meetings 14:1, neighborhoods 26:12 12:17 15:10, 34:11 12:16 kind 10:7, 10:19, live 17:11 MEMBER 14:11 new 10:10, 15:12, 21:18 living 35:21 mention 15:5 19:15,19:18, 19:19, Kleinwachter 3:5 LLC 6:19, 6:20, 6:20, MILLER 29:19, 34:15 KRAMER 4:16, 4:19, 25:23 29:21, 35:16 Next 4:21, 6:16, 5:5, 5:8, 6:15 located 3:12, 16:15 minor 32:6, 34:1, 25:16, 25:16, 28:17 Look 9:6, 11:1, 34:11 nice 12:24, 13:4 21:18, 22:18, 22:20, MLH 6:20 No. 17:24, 20:13, <L> 23:5, 23:8, 23:18, modification 31:2 38:24 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 43 May 9, 2006 none 5:23, 27:16 19:7, 23:14 18:17, 19:18, 19:19, process 9:17, 9:19, north 3:13, 9:9, 9:13, originally 8:21, 19:21, 20:14, 21:10, 18:3, 30:9, 33:2 9:17, 13:11, 16:17, 22:23 22:21, 22:21, 23:6, processing 32:16 26:10, 26:11 overall 10:24 23:6, 23:8, 30:1, product 31:23 northwest 7:6 33:12, 33:12, 33:16, projects 11:15 notes 38:13 33:22, 33:23, 34:5 properties 15:24, nothing 22:7, 22:8 <P> Planned 6:21, 7:3, 32:13 notice 11:4 P.M. 1:9 13:2, 26:3, 30:3, property 3:11, 7:4, _ Number 13:7, 13:19, packet 34:15 30:8, 30:18, 31:3, 7:5, 17:8, 26:8, 30:16 14:20, 21:14, 22:9, Page 35:13 32:20 proposed 33:21 25:23, 33:18 Pam 3:4 plans 8:20, 11:6, proposing 31:9 numbers 10:18 paragraph 35:13 15:14, 30:10, 30:12, provide 13:4, 13:11, nutshell 13:14 parcel 10:6, 10:7, 30:17 13:18, 15:13, 15:15, 13:11 plat 9:20, 34:6 16:1, 33:9 parcels 10:22 Please 3:20, 5:24, provided 19:20 <0> part 7:4, 9:8, 20:1, 7:16, 8:9, 24:24, provides 12:24 o'clock 4:22 20:2, 23:21, 35:8, 26:16, 27:23, 28:24, providing 19:1, oath 38:7 35:8 36:16 35:21 occurs 32:17 particular 16:20 Pledge 3:1 public 3:3, 5:16, Ocean 15:14, 15:24 particularly 30:24 poin 20:19 6:17, 6:18, 8:8, Okay 5:10, 14:22, passed 9:1 point 18:5, 32:7 24:20, 25:22, 27:14, 16:18, 16:21, 20:9, pattern 35:23 points 12:6 27:17, 28:17, 28:18, 23:16, 24:1, 24:5 PAUL 2:3 population 22:8, 29:18, 29:24, 33:6, Old 3:5, 10:10, 15:7, pay 17:14, 17:16, 22:9 33:8, 33:9, 34:2, 19:21, 20:13 17:17 portion 11:8, 20:9 34:10, 34:10, 36:12, One 11:5, 15:6, people 11:16, 15:16, postpone 5:16, 37:12, 38:11, 38:15 16:18, 31:2 16:2, 24:15 27:17 PUD 11:7, 19:9, One - family 3:8, 7:2, per 22:5, 22:20 postponed 25:17, 19:13, 19:17, 19:17, 26:4 percent 23:11, 27:11 20:23, 21:6, 28:19, one. 14:3 33:24, 34:6 POWELL 2:12 31:13, 31:16, 31:20, ones 16:16 permits 32:17 power 16:17 31:21, 32:4, 32:10, open 14:4, 15:1, petition 25:16, preference 24:13 32:14, 32:18, 33:1, 18:8, 18:8, 25:18, 25:16, 25:17 preferring 24:15 33:13, 33:14, 35:9, 25:20, 27:11, 35:23 petitioned 19:11 preliminary 9:19, 35:11 opinion 30:23, 31:17 petitioner 3:10, 4:14, 18:16, 30:12, 30:13, Pulte 6:19 opportunity 12:12, 5:6, 7:10, 8:9, 25:24, 33:23, 34:5, 34:5 purpose 30:4, 30:5, 33:9 27:10, 30:7, 30:15, presented 10:24, 31:2, 35:17, 35:18 oranges 10:20, 31:19, 32:2, 33:23 11:2, 30:10 put 8:16 10:20 petitioners 3:6, 6:20 presenting 9:1 order 10:4 petitions 34:9 presently 6:23, 7:1, ordinance 28:19, piece 15:21 14:18 < Q > 30:3, 30:7, 30:8, Plan 4:21, 5:9, 8:20, pretty 13:23 question 16:5 30:22, 31:4, 31:10, 8:21, 8:23, 8:24, previous 18:11 Questions 5:21, 32:20, 33:21, 33:21, 8:24, 9:1, 9:14, 9:15, price 12:6, 12:7 13:23, 14:23, 17:21, 34:7, 34:12, 34:15, 9:19, 11:1, 12:12, Primary 30:5 34:20, 34:23 34:16 12:19, 13:14, 13:15, prior 30:15 quite 30:13 ordinances 34:18 14:15, 15:7, 15:12, PROCEEDINGS 1:6, original 11:1, 19:6, 15:22, 16:20, 18:17, 37:11, 38:11, 38:15 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 44 May 9, 2006 <R> 18:6 school 13:8, 13:10, slides 19:18 R -1 3:8, 4:12 require 31:18, 33:5, 13:11, 13:13, 17:13, sliding 21:18 R -2 3:16, 3:17, 4:12, 34:2, 36:4 17:15, 17:19 smaller 11:22, 11:23, 4:13, 7:2, 26:3, 26:4 required 13:12, schools 17:3, 17:5, 12:8, 12:9, 15:9, R -3 6:24, 26:5 30:14, 30:15 17:7, 17:9 19:10, 23:24 R -4 26:6 requirements 19:20 se 22:20 Someone 4:14, 7:9, rather 33:13 requires 30:10 Second 3:5, 3:17, 8:8, 36:2 re -doin g 12:12 research 11:13 3:18, 5:19, 7:13, sorry 23:15 read 33:20 Residence 3:8 6:24 7:14 24:22 26:14 South 3:13 9:8 real 3:11, 7:4, 7:5, 26:4, 26:5, 26:6, 26:6 27:21, 28:22, 36:14 9:22, 13:3, 15:15, i 26:8 resident 13:20 seconded 3:20, 16:6, 20:7, 25:23, really 9:7, 9:13, residential 10:15, 5:21, 7:16, 24:24, 26:10, 26:11 10:23, 12:24, 17:2, 21:19, 32:24 26:16, 27:23, 28:24, space 18:9, 21:12, 17:4, 36:1 residents 14:5, 17:4, 36:16 35:23 reason 23:22 17:13 Secondly 31:3 speaking 9:22 recap 8:19 Response 5:14, section 11:9, 35:17 SPEARS 2:10, 4:7, recent 11:14 5:22, 14:24, 24:18, seem 24:7 4:8, 6:3, 6:4, 7:11, recently 24:14 27:15, 34:24, 35:3, seems 13:23 7:12, 8:1, 8:2, 25:7, recommendation 36:7 seen 24:14 25:8, 27:1, 27:2, 29:22, 30:2, 32:1 restricted 16:7, segment 22:14 28:6, 28:7, 28:22, recommended 30:4, 16:23, 17:9, 20:1, separate 17:18 29:7, 29:8, 36:21, 32:20, 34:13 20:1, 20:2, 20:3, September 8:22 36:22 recommending 20:6, 20:11, 20:16, sequence 5:9 special 4:22, 32:10, 34:17 20:18, 20:20, 22:4, serve 12:6 32:14, 32:18 record 8:10, 31:2 22:5 Service 3:7, 6:23, specifically 11:7 recordkeeping 32:8 review 31:4, 33:12 15:8 specifics 12:20 reducing 13:7, reviewed 30:11 services 13:19 square 12:14, 17:23, 14:19, 23:3 revised 8:24, 19:18, set 38:16 18:6, 18:10, 19:7, reduction 11:3, 13:6, 28:19 seven 4:22 19:12, 19:22, 20:23, 13:18 rezone 26:1 Shorthand 38:8, 22:12, 22:12 regardless 22:23 rezoning 6:22 38:10, 38:13 ss 38:2 regular 9:18, 11:23, right -in 15:8 show 10:9, 24:14 staff 29:23, 30:23, 18:1, 18:2 right -out 15:8 showed 19:10 34:8, 35:5 relative 12:14 Road 1:9, 3:13, 3:13, shown 16:20, 33:16 standpoint 32:8, relatively 12:13 7:7, 15:5, 15:12, - shows 10:20 32:9, 32:15 remains 32:11 26:9, 26:10, 26:11 side 16:6 start 21:15 removed 34:18 roll 3:20, 5:24, 7:16, significantly 21:10 State 8:9, 14:9, REPORT 1:6 24:24, 26:16, 27:23, similar 11:18, 32:23 35:11, 38:1, 38:8 reported 38:10 28:24, 36:16 single - family 11:17, straight 32:14, 32:19 Reporter 38:8 Rose 2:10, 16:4 11:24, 12:2, 18:19, strictly 21:24 representing 4:14, roughly 23:12 18:21, 19:2, 19:4, strike 34:16 7:10, 8:9 Route 3:12, 7:7, 24:10, 24:16 structured 30:23, request 3:6, 5:6, 10:4, 12:23, 13:2, site 13:11, 21:17 32:20 6:20, 6:22, 9:16, 15:17, 16:3, 26:10 situations 31:19 students 13:9 10:1, 25:24, 31:16, size 17:23, 31:11 style 31:22 32:5 sizes 12:10, 12:13, submittal 30:12, requested 27:10 <S> 19:10 33:23 requesting 18:4, says 38:7 skewed 24:6 summer 11:21 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council 45 May 9, 2006 sworn 38:7 14:15, 22:5 Walker 26:11 <Y> Two - family 26:5 wanted 5:12 year 13:16, 14:1 type 13:19, 13:20, wanting 11:16 yellow 20:14, 34:14 <T> 23:12 wants 31:8 Yorkville 1:2, 1:10, talked 12:6, 13:16, typical 13:18 Webb 8:16,10:7, 2:19, 3:7, 4:17, 6:20, 35:7 10:21, 11:8, 13:17, 7:8, 8:13, 13:21, taxes 17:8 14:14, 15:20, 18:23, 25:23, 26:1, 26:2, ten 33:24 <U> 18:24, 19:1, 19:7, 27:18, 28:20 k terms 10:9, 10:10, unanimously 9:2 23:2,23:11, 23:12, a 13:8,15:20, 31:10, underlying 4:23, 23:20 31:11, 31:11, 31:22, 32:11 west 15:16, 26:10 <Z> 31:23, 33:8 understand 20:5, western 20:11 zoned 6:23, 7:1, testified 4:17, 8:13 21:2, 22:10, 30:9, whatever 13:12 18:5 themselves 12:10, 32:13 WHEREOF 38:16 zoning 4:24, 18:2, 33:19 UNIDENTIFIED WHEREUPON 4:15, 30:21, 31:10, 32:11, { Thirdly 32:6 14:11 8:11 32:12, 32:15, 32:19, though 19:7, 19:10, unique 31:20, 31:22, will 5:8, 9:18, 12:3, 32:21, 33:1, 33:3, 21:14 35:10, 35:12 12:8, 13:4, 13:9, 33:3, 33:14 thre 21:22 Unit 6:21, 7:3, 24:1, 14:12, 14:13, 14:14, three 21:22, 30:5 24:3, 26:3, 30:3, 15:12, 15:15,15:16, throughout 11:15 30:8, 30:19, 31:4, 15:24, 17:7, 17:8, < Dates > tied 33:17 32:21 17:10, 17:12, 17:20, may 9, 2006 1:8, 1:8, tightened 34:6 United 1:2, 2:18, 3:6, 18:2, 18:7, 18:15, 1:8 tonight 9:1, 9:7, 9:22 7:7, 25:24, 26:2, 18:15, 19:16, 24:10, tool 31:1 27:18, 28:20 25:19, 25:21, 34:8 total 10:24, 11:2, units 11:11, 12:1, WILLIAM 2:12 14:16, 14:20, 22:9 12:3, 22:9, 33:18 within 12:3, 13:21, totals 23:18 unless 13:22 14:20, 17:11, 31:6 tour 11:19, 11:21 useful 34:8, 35:22 without 16:2 towards 17:8 uses 33:16, 33:18, WITNESS 38:16 Township 3:14, 34:1 WOLFER 2:6, 4:1, ll 26:12 utilized 31:5 4:2, 6:11, 6:12, 7:19, J trade -off 33:10 utilizing 35:20 7:20, 25:1, 25:2, traditional 10:5 26:14, 26:17, 26:18, transcribed 1:7 27:20, 28:14, 28:15, transcript 38:13 <V> 29:15, 29:16, 36:9, travel 15:17 VALERIE 2:5 36:13, 37:5, 37:6 j Travis 35:5 variance 18:7, 18:7 words 31:8 Treasurer 2:12 variances 31:7, work 13:10, 22:20 j treat 32:10 31:13, 31:15 worked 35:6 treated 32:21 versus 18:20, 22:3 working 23:23 trends 24:14 viewed 11:20 works 22:24 true 38:12 VITOSH 1:8, 38:6, worth 32:7 truly 35:10 38:23 writing 36:5 Trust 3:5 written 36:2 try 9:5 WYETH 2:17, 25:19 turn 33:15 < W > two 8:20, 11:6, wait 31:14 Depo Court Reporting Service (630) 983 -0030