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City Council Minutes 2005 12-13-05 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. DECEMBER 13, 2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Absent Also present: City Clerk Milschewski, Interim City Administrator Crois, City Attorney Wyeth, Police Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham, Director of Recreation Swithin, and City Intern Olson. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska asked that the Public Hearings be done an order reverse of that on the agenda. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, January 9, 2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, December 15, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, January 5, 2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M., Thursday, January 12, 2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PUBLIC HEARINGS Tanglewood Development Corporation — Evergreen Farm Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Tanglewood Development Corporation and Evergreen Faun Estates, LLC, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville R -2 One - Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 48.8 acres at the northwest and southeast corners of Fox Road and Pavillion Road, Kendall Township, Kendall County, Illinois. So moved by Alderman Ohare; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Ohare -aye, Surd -aye, Munns -aye, Besco -aye, Leslie -aye Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. The Minutes of the Regular Meeting of the Citv Council — December 13. 2005 — uagt 2„ Mayor Prochaska entertained a motion to continue the public hearing until the January 10, 2006 City Council meeting. So moved by Alderman Besco; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Ohare -aye, Burd -aye, Munns -aye, Besco -aye, Leslie -aye, Wolfer -aye Daniel A. Laniosz — Hinsbrook Bank Trust #03 -008 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Daniel A. Laniosz and Hinsbrook Bank Trust #03 -008, 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 for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 3.13 acres at 10701 Route 71, Kendall Township, Kendall County, Illinois. So moved by Alderman Besco; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Munns -aye, Besco -aye Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Munns -aye Payne Onishi and Richard and Monica Claahsen Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Payne Onishi and Richard and Monica. Claahsen, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County R -3 Single Family Residential to United City of Yorkville B -3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately .903 acres at 1100 McHugh, Bristol Township, Kendall County, Illinois. So moved by Alderman Wolfer, seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, W Munns -aye, Ohare -aye, Wolfer -aye Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays-0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye CONSENT AGENDA 1. Police Reports for September and October 2005 (PS 2005 -01) 2. Ordinance 2004 -92 — Abating Special Service Area Taxes for Special Service Area Number 2004 -104 Central Grande Reserve - authorize the Mayor and City Clerk to execute (ADM 2005 -21) 3. Ordinance 2004 -93 — Abating Special Service Area Taxes for Special Service Area Number 2004 -106 Total Grande Reserve - authorize the Mayor and City Clerk to execute (ADM 2005 -22) 4. Resolution 2005 -80 — IDOT Highway Permit and Resolution — Raintree Village — Temporary Route 126 Entrance - authorize the Mayor and City Clerk to execute (PW 2005 -38) 5. Amendment to Easement Contract with Roy and Paula Wilkinson - authorize the Mayor and City Clerk to execute (PW 2005 -39) 6. Revised Autumn Creek Watermain Easement - authorize the Mayor and City Clerk to execute subject to legal review and staff recommendations (PW 2005 -05) 7. Resolution 2005 -81— Approving Fox Road Southwest Area Transportation Study - authorize the Mayor and City Clerk to execute (EDC 2005 -06) 8. Ordinance 2004 -94 — Modifying Subdivision Name from Cornerstone to Briarwood - - authorize the Mayor and City Clerk to execute (EDC 2005 -04) The Minutes of the Regular Meeting of the Citv Council — December 13. 2005 — oaU3 9. Resolution 2005 -82— Approving a Policy Setting Guidelines for Economic Incentives for CommerciaUlndustrial Business - authorize the Mayor and City Clerk to execute (EDC 2005 -02) 10. Congregational Church Shed Purchase — approve purchase of storage shed from the Yorkville Congregational Church in an amount not to exceed $600.00 (PB 2005 -01) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Burd; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Wolfer -aye, Ohare -aye, Besco -aye PLANNING COMMISSIONIZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meeting from November 1, 2005; seconded by Alderman Ohare. Motion approved as corrected by a viva voce vote BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 2, 2005 totaling the following amounts: checks in the amount of $1,231,643.82 (vendors); $163,202.05 (payroll period ending 11/12/05); $167,241.20 (payroll period ending 11/26/05); for a total of $1,562,087.07 seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on December 17, 2005 at Wholesale Tire, 1209 A North Bridge Street (Route 47) from 9:00 a.m. to 11:00 a.m. Proclamation for National Drunk and Drugged Driving (3D) Prevention Month Mayor Prochaska read a Proclamation for National Drunk and Drugged Driving (3D) Prevention Month (see attached). He entertained a motion to ratify the proclamation. So moved by Alderman Ohare; seconded by Alderman Wolfer. Motion approved by a viva voce vote PRESENTATIONS Yas/Fischel Facility Master Plan City Intern and Deputy Clerk Bart Olson reported that this is the final presentation of the Yorkville Downtown Vision Plan/Municipal Facilities Plan. He introduced Stephen Yas who made the presentation. Please see attached copy of the power point presentation given by Mr. Yas. After the presentation, Mr. Yas asked for questions or comments. Mayor Prochaska noted that the Downtown Plan indicates a community center but also indicates that the space could be commercially viable also with shared space. Mr. Yas stated that all vision plans need to be flexible and adaptable. He stated that the downtown should have activity generators whether they are perpetuated by government or the private sector. Mayor Prochaska asked if there was an estimated cost for constructing the city green in the downtown. Mr. Yas stated he did not have one but he gave an example that moving the existing buildings could be in the $50,000.00 to $80,000.00 range. He stated that the cost could also be affected by whether the City wanted the green to be built on grade or over a parking facility. He added that if a Tax Increment Financing (TV) Redevelopment District is applied to the area these are eligible expenses. He stated that the key to this or any similar project is the TIF; without it the City will not realize many of the public benefits. Alderman Besco noted that the plan indicates bridges to the islands in the Fox River and he asked who owned the islands. Alderman Munns stated that the islands in that area of the downtown are owned by the State of Illinois. The Minutes of the Regular Meeting of the Citv Council — December 13. 2005 — nage 4 There was some discussion as to if the Economic Development Committee wanted to discuss this plan further and it was decided to bring the plan to the January 3, 2006 Committee of the Whole meeting. He asked Mr. Yas to attend the COW meeting. Sheriff Richard Randall, 501 Main Street, commented that Mr. Yas presented a good outline of the plan but he had a concern with parking in the area. Mr. Yas stated that the plan is to have parking under each building for both residential as well as retail. He reiterated that TIF funds could be applied to the cost of public parking. There were no further questions or comments. CITIZEN COMMENTS Dale Larson, 1818 A Country Hills Drive, addressed the City Council with his concerns regarding the proposed parking ordinance. He stated that the ordinance puts him in the position to become a criminal because he will have to break the law in order to park his vehicles. If he takes his family's vehicles off the street and parks them in his driveway, he will be blocking the sidewalk. He asked the City Council what was he suppose to do. He stated that when he questioned the legality of blocking the sidewalk, he was told that he could choose to break the law by blocking the sidewalk, buy a new smaller vehicle, park his vehicle somewhere else or move. He asked the City Council if they thought this was an appropriate response to his concerns and he did not feel residents should endure this hardship. He was also told that the City was going to be lax on the sidewalk ordinance. He questioned if the sidewalk violation was an ordinance or not. He noted that many people are going to be put into precarious positions due to the new ordinance. He stated he moved into a small farming community in 1989 and by the passing of this ordinance it changes Yorkville from that small rural community to a suburban community. He agreed that something needs to be done regarding some parking issues however this ban causes a dilemma for him as well as others. He asked if there were other avenues that should be investigated and he questioned if there was a demand for this ordinance at this time. He stated he spoke with Chief Martin who told him the Police Department will be suspicious of cars parked on the street during the ban hours; the cars could belong to someone burglarizing homes. Mr. Larson asked Chief Martin how many burglaries have occurred in the City in the last two years. He stated he was told 15 to 20 in the last two years. He stated that now residents are being put into the position to shuffle cars and call for permission for overnight guests and he found the situation frustrating. He also noted that the Record newspaper stated that the City needs to start addressing growth issues somewhere. He asked if this is the place to address this especially at the expense of some of the citizens. Cameron Mueller, 707 State Street, addressed the Council. He commented that he felt that parking ban was absurd. He stated that as a teenager he represents the student body of Yorkville High School and he noted that driving amongst students is increasing and they like to spend the night at friend's houses. He stated that it is common courtesy for teenagers not to park in the driveway and block the cars belonging to the adults in the home and this ban makes it illegal to park on the street while they are spending the night. Justin Graff, 1313 Walsh Drive addressed the Council and explained that he disagrees with the proposed ordinance. He stated that the ban is inconvenient to everyone in the city because residents have to report overnight guest parking on the street to the Police Department. He explained that now if someone is too tired to drive home, they can just stay at their friend's home overnight. He also noted that the ban puts a curfew on people and he felt it was not needed at this time. Carol Foster, 1312 Chestnut Circle, addressed the City Council and commented that she supports a parking ban for commercial vehicles. She stated that there are semi trucks parking on the streets in her subdivision and she does not feel this should be allowed as they cause trouble with traffic flow. Mayor Prochaska noted that the City received an email dated December 13, 2006 from Anton and Michelle Graff regarding their concerns with the parking ordinance (see attached). Karen Fisher, 1391 Chestnut Circle, addressed the Council with her concerns about semi trucks parking in her subdivision. She stated that she and her husband are the Neighborhood Watch Captains and they constantly get complaints about the truck. She wanted to bring this to the attention of the City Council. Tim McBride, Evergreen Lane, addressed the City Council. He stated that he noticed two vehicles that were parked when the snow plow went around last Thursday and that both vehicles have not moved since. He stated that the ban could help a situation such as this. The Minutes of the Regular Meeting of the Citv Council — December 13. 2005 — page 5 CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Watermain Breaks Director Dhuse reported that there was a watermain break on King and Mill Streets at 5:00 a.m. this morning and that it was repaired by 11:00 a.m. He also reported that there were three other watermain breaks and one sewer break in the last week. Snow Ordinance Director Dhuse noted that there is an ordinance banning parking on the streets after 2" of snowfall as well as on banning the shoveling or blowing of snow on the street from sidewalks or driveways. Alderman Munns asked if the plow drivers notify the Police Department of cars parked on the street during the snow ban and Director Dhuse stated that it depends on how busy the Police Department is due to the weather. Chief Martin explained that some vehicles were issued tickets however the Police Department has not begun towing vehicles. Mayor Prochaska stated that he felt that there should be a time limit for how long a vehicle sits on the street after it has been ticketed. He stated that if the car remains after the second time the plow goes around, it is time to tow the vehicle. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Oak Grove Subdivision —1 %2 Mile Review (PC 200549) A motion was made by Alderman Munns to approve the 1 %2 mile review for Oak Grove Subdivision, subject to compliance with City subdivision control ordinances for the requested zoning classification (R -2); seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays-0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye PUBLIC SAFETY COMMITTEE REPORT Ordinance 2005 -95 Amending City Code Title 6 — Traffic Regarding Overnight Parking and Restrictions on Parking of Commercial Vehicles (PS 2005 -10) A motion was made by Alderman Ohare to approve an ordinance amending City Code, Title 6 — Traffic, regarding overnight parking and restrictions on parking commercial vehicles, as presented; seconded by Alderman James. The Minutes of the Regular Meeting of the Citv Council — December 13. 2005 — nage 6 Alderman Munns commented that he has seen empty driveways where he has also seen cars parked on the street in Fox Hill. He stated that driving down the streets in Fox Hill is like driving a slalom run and he did not understand why people chose to leave cars on the streets. He stated that he himself had a strange car parked in front of his house at 2:00 a.m. and when he looked around; his neighbors had room in their driveways. He also stated that he has received 28 calls regarding the ordinance and 27 of the callers have supported the ban. He commented that he was in favor of the ban however he felt this ordinance was "watered down ". Alderman Burd noted that there was a provision in the code that states that the City Council may consider granting a petition to opt out of the prohibition from property owners living on a cul de sac. She stated that this unfair to those not on cul de sacs and she asked if there was any thought given to residents of a block where they all agree they want to be exempt. Alderman Ohare stated that this was discussed at the Public Safety Committee meeting however some streets are not wide enough for parking and some are too busy to allow this. She stated that the ordinance still needs to be "tweaked" and this has been discussed with Chief Martin. Issues such as residents with one -car garages and short drives need to be addressed. She stated that there are a few months before the ban goes into effect and Chief Martin has offered to discuss concerns with residents and make adjustments if residents show the needed. Alderman Munns asked Alderman Ohare why there is an exemption for cul de sacs. She explained that there is not thru -traffic on a cul de sac and many of the driveways along cul de sacs are very short. Alderman Leslie reported that he received 9 telephones calls in favor of the ban and two against it. He thanked Dale Larson for calling him to discuss his parking problem and he noted that he drove by Mr. Larson's driveway and it is impossible to fit five cars in it. He stated that he is on the Public Safety Committee and sat through all the discussions and feels it is time to get an ordinance on the books however he stated he was not particularly impassioned by the policy. He noted that he received more phone calls regarding this ordinance than anything else since being on the Council and the majority supporting it. Mayor Prochaska commented that in the 12 years he has been on the City Council many ordinances have been passed which have changed and/or restricted how things have been done. He stated that never has this been done without a remedy for people who are put in a precarious position. He felt that this ordinance does not allow for hardship cases and he was concerned with this. He asked that if the City Council passes the ordinance tonight, that it would be with the understanding that they will look at developing mechanisms for hardship cases for existing residents. He asked that this be developed before the ordinance takes effect in March 2006. He stated that another concern he had was with the exemption dates when cars will be allowed to park on the street. He felt that the ordinance needs to clarify that while they are allowed to park on the street; they are not exempt from any other safety or weather related prohibitions. His last concern was that the ordinance did not address parking on the street during the day and some of the same issues that exist at night will exist during the day. Alderman Burd commented that she wished that this ordinance would have been brought up at the COW meeting in more detail so there could have been more discussion. She stated that she agreed with Aldermen Leslie and Munns that there are many residents asking for this and it is important to push it through. She commended those aldermen who have been working on the ordinance because they were trying to respond to a need in the community. Alderman Wolfer asked if the motion should be amended to add that a hardship amendment will be provided. Alderman Burd stated that it is hard to define "hardship ". Aldermen Leslie and Munns both indicated that the City Council has to March 2006 to define hardship. Alderman Wolfer asked if the motion could be amended to include that this condition will be met by March. Alderman Ohare noted that Chief Martin wanted to address some of the issues on certain circumstances that come forward in the next few months. Alderman James clarified that there could be an amendment making the ordinance contingent on a hardship clause being in place. Attorney Wyeth clarified that the motion on the floor could be amended if anyone so choose. Alderman Burd suggested that if the Council knows they are going to amend the ordinance, why not postpone the vote for two weeks to get the clause added and create a solid ordinance. Alderman Wolfer agreed however Alderman Munns did not feel it should wait. A motion was made by Alderman Burd to postpone the vote on this issue to December 27, 2005; seconded by Alderman James. The Minutes of the Regular Meeting of the Citv Council — December 13. 2005 — page 7 Motion defeated by a roll call vote. Ayes -3 Nays -4 Ohare -nay, Burd -aye, Munns -nay, Besco -nay, Leslie -nay, Wolfer -aye, James -aye Alderman Ohare commented that the Public Safety Committee worked very hard on this ordinance including the hardship issue. Chief Martin is willing to work out the details for Mr. Larson and any other problems brought to his attention. She stated that the details cannot be dealt with until they are brought forward. Alderman Burd stated that if the ban is approved, Chief Martin cannot work out the details because "the details" could go against the law. She commented that if the City Council makes a policy decision, Chief Martin has to implement it; he cannot decide who gets to do whatever; this is not fair to him or any citizen. Chief Martin stated that the ordinance could be amended to address any issues brought up to him and that he would bring these issues to the City Council for their consideration. Alderman Burd stated that this is the first time this has happened; passing an ordinance and fixing it as it goes along. She commented that she found it interesting that this ordinance has been in the works for five years and things are still up in the air. A motion was made by Alderman Ohare to call the question; seconded by Alderman. Munns. Motion to call the question approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Munns -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye Motion to approve the ordinance approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Munns -aye ADMINISTRATION COMMITTEE REPORT Ordinance 2005 -96 Abating Special Service Area Taxes for Special Service Area Number 2003 -100 (Raintree Village I) and Approving the Amended Special Tax Roll (ADM 2005 -03) A motion was made by Alderman James to approve an ordinance abating Special Service Area Taxes for Special Service Area Number 2003 -100 (Raintree Village 1) and approving the amended Special Tax Roll as presented; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Munns -aye, Besco -aye Ordinance 2005 -97 Abating Special Service Area Taxes for Special Service Area Number 2003 -101 (Windett Ridge) and Approving the Amended Special Tag Roll (ADM 2005 -04) A motion was made by Alderman James to approve an ordinance abating Special Service Area Taxes for Special Service Area Number 2003 -101 (Windett Ridge) and approving the amended Special Tax Roll as presented; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Munns -aye, Besco -aye, Leslie -aye ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a viva voce vote. Meeting adjourned at 9:35 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING December 13, 2005 PLEASE PRINT NAME: ADDRESS: 06 U !l 7 PU �ox. LI P o�ot CciLp K\q Aj l 0 7 TL �r *SGNIN I CITY COUNCIL MEETING December 13, 2005 PLEASE PRINT NAME: ADDRESS Po 6 r, . &Y 6o (pl 4-- ar44ano I?yr. I C - � (: hjl Ag ( I -, ( :D,4 11C �kl't t, s SIGNIN i CITY COUNCIL MEETING December 13, 2005 PLEASE PRINT NAME: ADDRESS: r -�oSeo1 T. �;Il�sp�s_ la Lj "llo-i Y 61 64)rl Ar_�6 S�q geo,,rilorl) ljqkvt- (2 v V v 0 � f SIGNIN CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS ' i I REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., on December 13, 2005, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. I D- 779705 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 • Fax 630 - 983 -6013 www.depocourt.com f 2 1 P R E S E N T: 2 MR. ARTHUR F. PROCHASKA, Mayor; 3 MR. PAUL JAMES, Alderman; 4 MR. JASON LESLIE, Alderman; 5 MS. VALERIE BURD, Alderman; 6 MR. DEAN WOLFER, Alderman; f 7 MR. MARTY MUNNS, Alderman; 8 MS. WANDA OHARE, Alderman; 9 MR. JOSEPH BESCO, Alderman; I 10 MR. JOHN CROIS, City Administrator; 11 MS. JACQUELYN MILSCHEWSKI, City Clerk. 12 13 A P P E A R A N C E S 14 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue, Suite 380 15 Naperville, Illinois 60563 1 BY: MR. JOHN JUSTIN WYETH, 16 appeared on behalf of the United ( City of Yorkville, Illinois. 17 18 - - - - - 19 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 3 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: At this time I 3 would entertain a motion to go into public 4 hearing for the discussion of Tanglewood 5 Development Corporation and Evergreen Farm y 6 Estates, LLC, petitioners, request to annex to 7 the United City of Yorkville and rezone from 8 Kendall County A -1 Agricultural to the United 9 City of Yorkville R -2 One - Family Residence 10 District and for hearing as to the annexation 11 agreement of the petitioner. + 12 The real property consists of y 13 approximately 48.88 acres at the northeast and i 14 southeast corners of Fox Road and Pavillion Road, i 15 Kendall Township and Kendall County, Illinois. 16 And just so everybody is aware, 17 I believe this is going to ask to be continued, 18 but we do need to open it, and -- for anyone that 19 is in the audience if they have any questions 20 so... + 21 MS. OHARE: Moved. 22 MR. WOLFER: Second. 23 MAYOR PROCHASKA: Moved and 24 seconded. May I have roll call, please? Depo Court Reporting Service (630) 983 -0030 4 1 MS. MILSCHEWSKI: Wolfer. 2 MR. WOLFER: Aye. 1 3 MS. MILSCHEWSKI: James. 4 MR. JAMES: Aye. 5 MS. MILSCHEWSKI: Ohare. 6 MS. OHARE: Aye. 7 MS. MILSCHEWSKI: Burd. 8 MS. BURD: Aye. 9 MS. MILSCHEWSKI: Munns. I 10 MR. MUNNS: Aye. j 11 MS. MILSCHEWSKI: Besco. 12 MR. BESCO: Aye. G 13 MS. MILSCHEWSKI: Leslie. 14 MR. LESLIE: Aye. 15 MAYOR PROCHASKA: Motion is carried. 16 Is there someone representing 17 the developer, sir? 18 MR. NELSON: Yes. Good evening. 19 MAYOR PROCHASKA: Can you come over 20 here to the mic? If you are going to continue 21 this, are you going to actually make a 22 presentation or would you actually continue it? 23 MR. NELSON: Whatever you would like 24 me to do. Depo Court Reporting Service (630) 983 -0030 5 1 MAYOR PROCHASKA: Well, it was my 2 understanding you had asked to continue it, so if 3 that's the case, we do need to do -- if there is 4 anyone that is in the audience that has any 5 questions, you do that, so we continue it. 6 MR. NELSON: Okay. 7 MAYOR PROCHASKA: Can you state your 8 name, please? 9 WHEREUPON: 10 ROBERT NELSON, 11 testified before the Yorkville City Council as 12 follows: 13 MR. NELSON: Yes. My name is Robert 14 Nelson. I am the president of Tanglewood 15 Development Corporation, the developer of the 16 project. 17 MAYOR PROCHASKA: Is there anyone 18 that is in the audience that is here this evening 19 for this particular public hearing? Yes, sir. 20 UNIDENTIFIED AUDIENCE MEMBER: Just 21 as an observer and neighbor -- Oh. Sorry. 22 MAYOR PROCHASKA: Okay. Then what I 23 would like to do at this time is to move to 24 continue this public hearing to the first City Depo Court Reporting Service (630) 983 -0030 6 1 Council meeting in January, which -- do we know 2 what that date is? 3 MR. CROIS: Ten. I 4 MAYOR PROCHASKA: January 10 at 7:00 I i 5 p.m. 6 MR. BESCO: So moved. 7 MS. OHARE: Second. 8 MAYOR PROCHASKA: Moved and 9 seconded. May I have roll call, please? I i 10 MS. MILSCHEWSKI: James. 11 MR. JAMES: Aye. 12 MS. MILSCHEWSKI: Ohare. 13 MS. OHARE: Aye. 14 MS. MILSCHEWSKI: Burd. 15 MS. BURD: Aye. 16 MS. MILSCHEWSKI: Munns. 17 MR. MUNNS: Aye. 18 MS. MILSCHEWSKI: Besco. 19 MR. BESCO: Aye. 20 MS. MILSCHEWSKI: Leslie. 21 MR. LESLIE: Aye. 22 MS. MILSCHEWSKI: Wolfer. 23 MR. WOLFER: Aye. 24 MAYOR PROCHASKA: The motion is Depo Court Reporting Service (630) 983 -0030 7 1 carried, so this public hearing will be brought 2 before the City Council on January 10th, 2006, at 3 which time it will be brought forward. I 4 MR. NELSON: Thank you. 5 MAYOR PROCHASKA: Next I would 6 entertain a motion to go into public hearing for 7 the purpose of discussing a request by Daniel A. 8 Laniosz and Hinsbrook Bank, trust number 03 -008, 9 petitioners, request to annex to the United City I l 10 of Yorkville and rezone from Kendall County A -1 11 Agricultural to United City of Yorkville B -3 12 Service Business District and for hearing as to 13 the annexation agreement of the petitioner. 14 The real property consists of 3 15 point -- approximately 3.13 acres at 10701 16 Route 71, Kendall Township, Kendall County, 17 Illinois. 18 19 MR. BESCO: So moved. 20 MR. JAMES: Second. 21 MAYOR PROCHASKA: Moved and 22 seconded. May I have roll call, please? 23 MS. MILSCHEWSKI: Leslie. 24 MR. LESLIE: Aye. Depo Court Reporting Service (630) 983 -0030 8 1 MS. MILSCHEWSKI: Wolfer. 2 MR. WOLFER: Aye. I 3 MS. MILSCHEWSKI: James. i 4 MR. JAMES: Aye. 5 MS. MILSCHEWSKI: Ohare. 6 MS. OHARE: Aye. 7 MS. MILSCHEWSKI: Burd. 8 MS. BURD: Aye. 9 MS. MILSCHEWSKI: Munns. I 10 MR. MUNNS: Aye. 11 MS. MILSCHEWSKI: Besco. 12 MR. BESCO: Aye. 13 MAYOR PROCHASKA: Motion is carried. 14 We are now in public hearing. t 15 Is there somebody here 16 representing the petitioner? Do you want to come l 17 forward and let the audience know what you are 18 doing? 19 WHEREUPON: 20 DANIEL A. LANIOSZ, 21 testified before the Yorkville City Council as 22 follows: 23 MR. LANIOSZ: I am Daniel A. 24 Laniosz. Depo Court Reporting Service (630) 983 -0030 9 1 MAYOR PROCHASKA: Okay. And we are 2 looking at -- do you have property at -- this 3 is -- i 4 MR. LANIOSZ: 10701 Route 71, 5 Yorkville. Well, we'll see if it's Yorkville. 6 MAYOR PROCHASKA: The property is -- 7 That's across from the Harris Forest Preserve? 8 MR. LANIOSZ: Right. It's like 9 kitty- corner from the Forest Preserve District 10 and the -- I don't know what that is over there. 11 Fairgrounds. 12 MAYOR PROCHASKA: Fairgrounds. 13 MR. LANIOSZ: Fairgrounds. Right. 14 MAYOR PROCHASKA: Before the City 15 Council tonight -- and it has been on display -- 16 is the actual agreement for this annexation, and 17 I would ask if there is anyone that would like to 18 come forward and give testimony or comment on 19 this agreement. 20 MAYOR PROCHASKA: Come forward, 21 state your name for the record. 22 WHEREUPON: 23 WILLIAM GARRETT, 24 testified before the Yorkville City Council as Depo Court Reporting Service (630) 983 -0030 10 1 follows: 2 MR. GARRETT: William Garrett. I'm 3 adjacent to the property, 10645 Route 71. 4 I was contacted by Yorkville's 5 attorney telling me that there would be a Plan R 6 Commission for me to see, to see what they were 7 actually going to do to the property and what 8 Yorkville was going to do for a buffer between 9 the business and my house, which is a 10 residential. 11 MAYOR PROCHASKA: Okay. Do you have 12 any kind of plan for this evening? 13 MR. LANIOSZ: Well, actually I think 14 you -- I presented it in the past. It's for a 15 garden center and zoning change. 16 MAYOR PROCHASKA: I understand. 17 Typically we need to have something to present 18 before the public, that's why it's a public 19 hearing, so we can show what we are doing, 20 present it for the Council. 21 Is this something that the 22 attorney has? John, do you know -- can you find 23 out from John if we have a copy of -- or Bart, do 24 we have a copy of that as far as what is being Depo Court Reporting Service (630) 983 -0030 11 1 presented? 2 MR. LANIOSZ: Do you mean a site 3 plan? k 1 4 MAYOR PROCHASKA: We do have an 5 annexation agreement here and that has been on 6 display. Have you come to look -- 7 MR. GARRETT: The only thing that I f 8 had seen was -- we had agreed that -- Mr. Laniosz 9 said that he was not going to build on the first I i 10 section that I had concerns about, the 1.24. 11 He just asked that there be an 12 access drive in the front of the building to the 13 back of the building, and then I was told that 14 there was going to be a buffer, and then that 15 would be on display for me to see, to see if I 16 agreed with it, and that it would be in writing 17 Mr. Laniosz is not going to do anything with this 18 piece of land which was currently or is 19 residential. f 20 I said okay, and they said 21 we'll have that for you when you come for the 22 meeting. 23 MAYOR PROCHASKA: Okay. That would 24 be something supplied by the petitioner. I mean, Depo Court Reporting Service (630) 983 -0030 12 1 there is a spot here for the plot and annexation, 2 but I don't see it, so at this point in time -- 3 MR. MUNNS: Mr. Mayor, I think at G � 4 one of the last EDC's -- Dallas Ingemunson, j 5 wasn't he representing you? 6 MR. LANIOSZ: Yea, he was. That's 7 right. j I 8 MR. MUNNS: Okay. And he had made i i 9 certain concessions about they weren't going to 10 do certain things, but, again, we never saw it as 11 far as, you know, in writing or drawn out. 12 MAYOR PROCHASKA: Is your attorney i 13 here or is he -- 14 MR. LANIOSZ: No, my attorney is not 15 here, that's Dallas, and we've presented it six 16 times already, so I -- 17 MAYOR PROCHASKA: I understand. But 18 this is a public hearing, this is to present to 19 the public. 20 MR. LANIOSZ: To the public or to 21 the board? 22 MAYOR PROCHASKA: To the public. 23 This is a public hearing of this petition. We 24 then take public comment on that petition. Depo Court Reporting Service (630) 983 -0030 13 1 MR. LANIOSZ: So what you are 2 looking for is another copy of the site plan? 3 MAYOR PROCHASKA: Well, and if -- 4 Well, it was my understanding from the last 5 meeting was that there were going to be some 6 changes made to whatever we had here previously 7 to indicate -- 8 MR. MUNNS: We met over there in the 9 room and Dallas had said you were going to, you 10 know, observe the driveway and put some -- I I 11 don't know if he said put some bushes or 12 whatever, but he would take this gentleman's 13 concern and not have you driving on -- you know, 14 driving big trucks through the driveway. 15 MR. LANIOSZ: Well, there was an 16 easement to his property and I agreed to that. I 17 agreed to not conduct business on the driveway 18 easement. 19 I have two other driveways and 20 I don't need to conduct business on that driveway 21 _easement. 22 MR. MUNNS: That's what Dallas was 23 saying. This was supposed to be like laid out in 24 a plan. Depo Court Reporting Service (630) 983 -0030 14 1 MR. LANIOSZ: Right. But I did 2 present a site plan. Now, if I need to present a 3 site plan tonight, I didn't. I wasn't aware of 4 it, so it would be presenting the site plan 5 again. 6 MAYOR PROCHASKA: We've got 7 something. 8 MR. LANIOSZ: And the site plan does 9 not involve his property, the easement to access 10 his property at all. 11 MAYOR PROCHASKA: This is not the I 12 entire par -- This is just the one parcel, not 13 both parcels, and I think that was the question, 14 was how -- was there going to be anything on the 15 parcel to the east? 16 MR. LANIOSZ: No, there is not. 17 That's why I don't know -- You want me to present 18 a vacant piece of property to -- that's not built 19 on, there is no improvements on it? 20 His -- I own it. I pay the 21 property taxes on it. There is an easement. I 22 don't see the reason to involve his property or 23 his neighboring property because we're not using 24 it per our improvements. Depo Court Reporting Service (630) 983 -0030 15 1 MAYOR PROCHASKA: But you are asking 2 it to be annexed into the City. 3 MR. LANIOSZ: Right. 4 MAYOR PROCHASKA: Well, then it's 5 part of the public hearing. 6 MR. LANIOSZ: Okay. I understand 7 that. 8 MAYOR PROCHASKA: Okay. So that's 9 what I'm saying. This is a public hearing; it I 10 requires that he has an opportunity to state 11 whatever issues he has, so -- I 12 MR. GARRETT: My question was that 13 it was originally residential and that it remain 14 that so it doesn't interfere with -- because our 15 lands come together. 16 The only thing dividing them is 17 a creek, and it was a matter of my privacy. I 18 did not -- 19 MR. MUNNS: We went through all the j 20 pictures and all the stuff. 21 MR. GARRETT: Right. That's what I 22 was supposed to see today, is how they were going 23 to buffer that, and as long as I agreed for the 24 B -3, okay, and he wanted an access in the front Depo Court Reporting Service (630) 983 -0030 16 1 to go around the front buildings, okay, and he 2 agreed in writing that he was not going to 3 develop or include that other section of land f 4 into the business, and I came to see the f 5 buffering today, and I was contacted by the I 6 lawyers and that's what they said, so that's what 7 I am looking for. 8 MAYOR PROCHASKA: Well, I think the 9 bottom line is that at some point that needs to I w 10 be presented, that plan. 11 As far as whether you approve 12 it or not, it's whether this council approves 13 it -- 14 MR. GARRETT: Right. Exactly. 15 MAYOR PROCHASKA: -- taking into 16 account your comments, which they are here in 17 this public hearing, they are on record, so that 18 point is noted in the minutes. 19 MR. GARRETT: All right. 20 MAYOR PROCHASKA: I would ask any 21 other -- Do you have any other issues that you 22 want to talk about dealing with this at this 23 time? 24 MR. GARRETT: No, those were it. i Depo Court Reporting Service (630) 983 -0030 17 1 MAYOR PROCHASKA: Okay. Thank you. 2 MR. GARRETT: Thank you. 3 MAYOR PROCHASKA: Is there anyone i 4 else that would like to speak on this public 5 hearing? 1 6 (No Response) 7 MAYOR PROCHASKA: Are there any 8 comments from the Council? 9 MR. MUNNS: Just one, Mr. Mayor. I 10 mean, this gentleman did make some good 11 concessions, but, again, until we see them in 12 writing, obviously that would make everybody a 13 lot happier knowing this is agreed to in writing, 14 what he's doing, that everybody is happy. 15 So I think the agreement Dallas 16 made with that gentleman, too, he was comfortable 17 that that was going to be the final written plan. 18 MR. LANIOSZ: You mean the easement 19 agreement -- 20 MR. MUNNS: Pardon? 21 MR. LANIOSZ: -- to get to his 22 property? 23 MR. MUNNS: Yeah, that you're not 24 going to drive over here. Dallas was going to Depo Court Reporting Service (630) 983 -0030 18 1 put some bushes here. 2 MR. LANIOSZ: So the site plan 3 doesn't really tell you that? 4 MAYOR PROCHASKA: It would be a 5 landscape -- 6 MR. LANIOSZ: I mean, we have our �k 7 choice where -- we have our ingress and egress to 8 get in and out of the property, but the other 9 property -- i 10 MAYOR PROCHASKA: Well, that would 11 be a landscape. If -- Part of the deal is you 12 have agreed to some kind of landscape, there 13 would be a landscaping deal that would be 14 included with your final application showing 15 whatever concessions your attorney is making 16 or -- you or your attorney. 17 And as far as this goes, I know 18 in the actual writing you -- we -- it does talk 19 about certain businesses that will not be 20 included -- 21 MR. LANIOSZ: Right. I 22 MAYOR PROCHASKA: -- you guys have 23 talked about and that is in the agreement. 24 The thing that I'm seeing is Depo Court Reporting Service (630) 983 -0030 19 1 that there is nothing in the text that talks 2 about your -- those particular concessions, so 3 they would need to be as part of the plat., 4 MR. LANIOSZ: Concessions of the I 5 plat of the property between -- 6 MAYOR PROCHASKA: Correct. 7 MR. LANIOSZ: -- mine and his that I j I 8 own and I have an easement and it's not included 9 in the site plan? 10 I'm not getting it. I did 11 about a hundred of these meetings and I just 12 don't understand what you are looking for. t 13 I know this has been tabled, I 14 have been going at this for a long time, 15 but there is a driveway -- 16 MAYOR PROCHASKA: Well, perhaps your 17 attorney should have been here with you this 18 evening because this is a public hearing. 19 MR. LANIOSZ: I understand that. 20 MAYOR PROCHASKA: All right. Let me 21 explain. At this meeting, the public is able to 22 come forward and ask whatever questions they 23 would like to ask dealing with your development, 24 and what we have had on display has been the Depo Court Reporting Service (630) 983 -0030 20 1 proposed agreement -- 2 MR. LANIOSZ: Right. i 3 MAYOR PROCHASKA: -- which is what 4 the public hearing is actually for. 5 Now, the public hearing as part 6 of the -- your agreement, one of the exhibits is 7 the legal plat -- legal description and plat of 8 annexation of the subject property. 9 MR. LANIOSZ: Okay. 10 MAYOR PROCHASKA: So the plat would 11 include all parcels that are to be annexed, okay? 12 MR. LANIOSZ: Okay. 13 MAYOR PROCHASKA: And so you've got 14 one piece of that, but you just don't have the 15 other on here. We would need to have that 16 before -- 17 MR. LANIOSZ: I presented it, but 18 you didn't get it• tonight is what you are saying. 19 I understand. So -- 20 MAYOR PROCHASKA: And that would 21 need to be a part of this before it would be 22 approved is what I'm telling you. 23 MR. LANIOSZ: Right. But it's been 24 presented, but tonight when it was passed out, I Depo Court Reporting Service (630) 983 -0030 21 1 wasn't understanding that you needed it again 2 tonight, and I should have been more prepared and 3 presented it again. Okay. I understand. i 4 MAYOR PROCHASKA: And we have taken 5 the comments of your neighbor and his comments 6 are on public record -- 7 MR. LANIOSZ: I understand. 8 MAYOR PROCHASKA: -- as are yours. 9 Okay. 10 MR. LANIOSZ: Okay. Thank you. 11 MS. BURD: Mr. Mayor, may I ask a 12 question? 13 MAYOR PROCHASKA: Yes. 14 MS. BURD: These changes, were they 15 part of the annexation agreement? 16 MAYOR PROCHASKA: They could be 17 included in a plat, that's what I'm saying, that 18 plat of that parcel -- 19 MS. BURD: So it's not just that the 20 things that he's shown before, he needed to 21 update it, the changes he had agreed to. 22 MAYOR PROCHASKA: Well, I don't know 23 that he needs to have it here tonight, but he 24 certainly has to have that with whatever Depo Court Reporting Service (630) 983 -0030 i 22 1 discussions for the Council to make their 2 consideration based on what was said at other f 3 meetings. I 4 MR. MUNNS: At the November EDC 5 meeting, whatever you guys and Dallas agreed to. 6 MR. LANIOSZ: Right. I presented 7 it, but I wasn't aware that I needed to get -- I 1 I f 8 thought that you guys had it. 9 It's my mistake; I didn't know R 10 they didn't have that other parcel included. 11 MS. BURD: But we don't have the 12 changes, right? i 13 MAYOR PROCHASKA: Well, we're not 14 voting tonight either. 15 MS. BURD: I know, but for the 16 public to see what the changes are, right? 17 MR. LANIOSZ: But the changes would 18 be -- It's a vacant lot. I mean, there really 19 aren't any improvements, but it would be 20 incorporated into the City. I understand that. 21 MAYOR PROCHASKA: What I'm saying is 22 that doesn't need to be here tonight as long as 23 the comments were made and the comments are a 24 part of the minutes, and the alderman has Depo Court Reporting Service (630) 983 -0030 23 1 testified that these changes and things that were 2 going to be done were a part of the previous 3 meeting, so all that is testimony at this public 4 hearing, so that would be -- the Council I would 5 suggest would then take that into consideration 6 when it came time to consider this annexation, 7 so... 8 Okay. Anybody else have any 9 other comments? 10 (No response) 11 MAYOR PROCHASKA: I would entertain 12 a motion to close this public hearing. 13 MR. BESCO: Moved. 14 MS. OHARE: Second. 15 MAYOR PROCHASKA: Moved and 16 seconded. May I have roll call, please? 17 MS. MILSCHEWSKI: Besco. 18 MR. BESCO: Aye. 19 MS. MILSCHEWSKI: Leslie. 20 MR. LESLIE: Aye. 21 MS. MILSCHEWSKI: Wolfer. 22 MR. WOLFER: Aye. 23 MS. MILSCHEWSKI: James. 24 MR. JAMES: Aye. Depo Court Reporting Service (630) 983 -0030 24 1 MS. MILSCHEWSKI: Ohare. 2 MS. OHARE: Aye. 3 MS. MILSCHEWSKI: Burd. S 4 MS. BURD: Aye. 5 MS. MILSCHEWSKI: Munns. 6 MR. MUNNS: Aye. I 7 MAYOR PROCHASKA: Motion is carried. 8 Thank you. 9 All right. Moving on to the I 10 first, I would now entertain a motion to go into 11 public hearing for the discussion of a request by 12 Payne Onishi and Richard and Monica Claahsen, I 13 petitioners, request to annex to the United City 14 of Yorkville and rezone from Kendall County R -3 15 Single- Family Residential to the United City of 16 Yorkville B -3 Service Business District and for 17 hearing as to the annexation agreement of 18 petitioner. 19 The real property consists of 20 approximately .903 acres at 1100 McHugh, Bristol 21 Township, Kendall County, Illinois. 22 And I would -- 23 MR. WOLFER: So moved. 24 MAYOR PROCHASKA: Second? Depo Court Reporting Service (630) 983 -0030 25 1 MR. JAMES: Second. 2 MAYOR PROCHASKA: Moved and 3 seconded. May I have roll call, please? i 4 MS. MILSCHEWSKI: Besco. 5 MR. BESCO: Aye. d 6 MS. MILSCHEWSKI: Burd. 1 7 MS. BURD: Aye. 8 MS. MILSCHEWSKI: James. 9 MR. JAMES: Aye. 10 MS. MILSCHEWSKI: Leslie. 11 MR. LESLIE: Aye. 12 MS. MILSCHEWSKI: Munns. I 13 MR. MUNNS: Aye. 14 MS. MILSCHEWSKI: Ohare. 15 MS. OHARE: Aye. 16 MS. MILSCHEWSKI: Wolfer. 17 MR. WOLFER: Aye. 18 MAYOR PROCHASKA: Motion is carried. 19 We are now in public hearing. I would ask if 20 there is someone here representing petitioner. I 21 MR. KRAMER: I am, Your Honor. 22 MAYOR PROCHASKA: How are you, sir? 23 MR. KRAMER: Good. 24 MAYOR PROCHASKA: Go forward. State Depo Court Reporting Service (630) 983 -0030 26 1 your name for the record. 2 WHEREUPON: 3 DANIEL J. KRAMER, 4 testified before the United City of Yorkville 5 City Council as follows: 6 MR. KRAMER: Daniel J. Kramer. I am 7 the attorney of record for the petitioners, both 8 the property owner and purchaser. I didn't know 9 if you want to swear me first or -- i 10 MAYOR PROCHASKA: No, we don't need 11 to do it at City Council. I 12 MR. KRAMER: Fair enough. The 13 drawing that's up on the easel to my left -- and 14 it's virtually the same drawing with the 15 reorientation of the building that was heard at 16 the Plan Commission. 17 Basically the property is just 18 slightly under one acre. It's located at the 19 southwest corner of the intersection of McHugh f 20 and Heartland Drive. 21 It touches or is contiguous 22 with the Yorkville City limits on the south of 23 the property and the east of the property. The 24 road, of course, the drive for the shopping, is Depo Court Reporting Service (630) 983 -0030 27 1 not there. 2 With respect to the north of 3 the property, that still is out in the county. G 4 It's a mixed on the north of some apartments and 5 some single - family residential. To the south 6 were single- family residential and to the east we 7 sit right across from the Heartland office 8 complex. 9 The Onishis actually, again, P 10 have asked with the annexation agreement that's 11 on display, so we've got the record accurate, to 12 zone the property a less intense use than the i i 13 original B -3 that was filed. We filed B -3 /office 'r 14 use. 15 The annexation agreement that's 16 been filed with the City requests office zoning, 17 and limits it to that particular use. 18 The agreement we have presented 19 complies with all regulations of the City as far 20 as setback. Dr. Onishi, Karen Onishi, is an eye 21 doctor and plans to run an eye clinic at that 22 location. 23 The number of parking spaces is 24 tied in to the size of the building, the setbacks Depo Court Reporting Service (630) 983 -0030 28 1 meet the ordinance, and we have had a landscape 2 plan reviewed and presented to Mike Schoppe. 3 We're asking that you conduct a 4 public hearing tonight, we'll be happy to answer 5 any questions, and that ultimately you approve i 6 two things, the annexation of the property and, 7 again, the zoning of the property as O, office 8 district. 9 MAYOR PROCHASKA: At this time I j I i 10 would ask if there is anyone that would like to 11 come forward and give either comment or 12 testimony. i 13 I would ask that you come 14 forward and state your name for the record, and 15 your address, please. 16 WHEREUPON: 17 JOEL MARMO, 18 testified before the Yorkville City Council as 19 follows: 20 MR. MARMO: Hi. Good evening. I am 21 Joel Marmo. I live right to the west of the 22 property in question. I just want to -- 23 MAYOR PROCHASKA: Can you just for 24 the record give your address, please? Depo Court Reporting Service (630) 983 -0030 29 1 MR. MARMO: Sure. Oh, it's 1060 2 McHugh. 3 MAYOR PROCHASKA: Thank you. 4 MR. MARMO: I just wanted to state 5 for the record that it was brought to our 6 attention just now from Dan that that was the 7 plans originally, and I have a copy -- actually 8 this is the probably the first time that any of 9 us have seen it, and it's not the original, this 10 is, and the building is completely changed where 11 now the back of that building is facing my 12 property, where before it was facing the two 13 outlots behind it. 14 Here is a copy that was 15 presented to us before and that we originally had 16 access to. I don't know about anybody else, but 17 I didn't get a copy of that. 18 And just looking at it now, the 19 parking lot is roughly a different area, and the 20 access and parking situation is completely 21 different, and the design of the building, 22 actually the layout, is different, so I just 23 wanted to make that aware to everybody. So what 24 actually are we talking about? Depo Court Reporting Service (630) 983 -0030 30 1 MAYOR PROCHASKA: This has actually 2 been on display, I mean, since the request for 3 the public hearing, this -- 4 MR. MARMO: Where? 5 MAYOR PROCHASKA: Here. 6 MR. MARMO: Here? Is that up to us 7 to come in and check periodically to see what the 8 changes are? 9 Because before we got this in 10 the mail. 11 MAYOR PROCHASKA: No, you would know 12 it, but as an adjacent owner, you were noticed of 13 the public hearing. 14 MR. MARMO: Okay. But what I was 15 saying was before that we received what the 16 hearing was about and what the layout was going 17 to be. 18 I wasn't aware that if we got a I � 19 letter there was a meeting we need to check it i 20 and see if they changed the plans, you know. 21 MAYOR PROCHASKA: Any time there is 22 a public hearing, the public hearing is for 23 something -- in this case, it's for the 24 annexation agreement -- I Depo Court Reporting Service (630) 983 -0030 i 31 1 MR. MARMO: Sure. 2 MAYOR PROCHASKA: -- which then is 3 on view. I 4 MR. MARMO: Okay. But I -- So there 5 isn't anything saying what that public hearing is 6 about, if the plans have changed since the 7 previous notice, that we wouldn't get another j 8 paper with the corrected version? 9 MAYOR PROCHASKA: Not unless the j 10 attorney -- 11 MR. WYETH: No, no. 12 MR. MARMO: And the only reason I'm 13 saying this is because when we come in, we are 14 going to plan on this, and looking at it and kind 15 of review it, come in and it's completely 16 different, it's a whole different plan at that 17 point. We are talking about something different. 18 So... 19 MAYOR PROCHASKA: Okay. Very good. 20 You are still welcome to make your comment. 21 MR. MARMO: Okay. Thank you. 22 MAYOR PROCHASKA: Thank you. State 23 your name, please, for the record. 24 WHEREUPON: Depo Court Reporting Service (630) 983 -0030 32 1 ROBBIN ARNFELT, 2 testified before the Yorkville City Council as I 3 follows: i 4 MS. ARNFELT: My name is Robbin 5 Arnfelt and I reside at 661 Heartland Drive. 6 Thank you very much for giving us the opportunity e 7 to speak here tonight. I have just a few things i 8 to add to this. 9 These are just some pictures of 10 our residential area that directly adjoins the 11 proposed area. 12 MAYOR PROCHASKA: Robbin, can you I 13 put that up so people can see it? 14 MS. ARNFELT: Well, I didn't want to 15 'go on top of it. Is that all right? 16 MAYOR PROCHASKA: Well, either that 17 or -- 18 MS. ARNFELT: I have copies for each 19 of the Council members if I can maybe pass it 20 around. I also -- We were told that we have a 21 petition from our neighborhood with over 100 22 signatures, and I have a copy for everyone here, 23 if I can pass that out now, too. 24 MAYOR PROCHASKA: Make sure that the Depo Court Reporting Service (630) 983 -0030 33 1 clerk or the minute taker -- 2 MS. ARNFELT: Okay. All right. 3 Sorry. Do you want to do this for me? I will 4 give you the original. 5 We got 20 additional signatures 6 tonight that aren't on the original copy, so -- i i 7 okay. I 8 First of all, just to second j 9 what Joel said, we did receive registered i 10 letters, but they were the same letter of the i i 11 first time, they still said B -3 and they did not 12 have an attached plan, but that doesn't really 13 matter because my objections are still the same. 14 I'm not going to refer to the annexation j 15 agreement, but the rezoning issue. 16 Being a part of Heartland -- I 17 shouldn't have covered this up. My house is this 18 lot right here, so I am very much impacted by 19 this, and if you would take a look at all these 20 pictures here, you'll see that all the homes 21 around this area, there is nice wooded tree area 22 on this lot. Those would all be demolished by 23 the proposed plan. 24 It's a very nice residential Depo Court Reporting Service (630) 983 -0030 34 1 area of McHugh, you can see down there, and the 2 idea of a commercial area, whether it be office I 3 or B -3, is just -- it's a horrible feeling to me 4 to come into our neighborhood like that when j j 5 there is so much other development that could be 6 going on in Yorkville on 47, 34, any of those ! 7 areas. I 8 There was another public j 9 hearing at the Planning Commission where this was I 10 voted -- they were voted against the annex -- or 11 sorry, against the rezoning in a five to one 12 vote, so I hope that's all on the record here. { 1 13 Like I said, we've got the 14 petition with over 120 people in the Heartland 15 and adjoining areas. 16 It impacts a lot of things for 17 our area, and I'm only going to speak on a few 18 points because there is a lot of other people 19 that want to say things, but basically to share I 20 with you my experience, I've lived in Yorkville 21 eight years and I moved to Heartland a year and a 22 half ago. 23 I am a single mom with two 24 kids. I chose Heartland because it's a nice safe Depo Court Reporting Service (630) 983 -0030 i 35 1 area and the idea of a commercial building in my 2 back yard, again, it just horrifies me. i 3 It brings down my property 4 value. It doesn't feel like a safe place to live 5 anymore. Strangers can be coming in and out of 6 there potentially all hours of the day, even if 7 it is limited to the daytime hours. i 8 So I wanted to express my 9 concerns with this and that I am very strongly in i 10 opposition to the zoning. Thank you very much. 11 MAYOR PROCHASKA: Thank you. Is 1 12 there someone else that would like to come 13 forward? 14 WHEREUPON: 15 RICH SCHROEDER, 16 testified before the Yorkville City Council as 17 follows: 18 MR. SCHROEDER: My name is Rich 19 Schroeder. I live at 683 Heartland Drive, and 20 let me point out to you where that is exactly. 21 MAYOR PROCHASKA: If you want to 22 move that down now. 23 MR. SCHROEDER: Yes. That would be 24 this property right here. Right now I have an Depo Court Reporting Service (630) 983 -0030 36 1 office complex -- or actually there is two office 2 buildings across the street from me, which I knew 3 about when I moved in, and that's not a problem, p I 4 but now somebody wants to also build an office 5 building behind me. q 6 And I really don't want an 7 office building 20 feet from my back yard. I 8 don't think any of you folks would like one 9 twenty feet from your back yard either. 0 10 There was a similar situation I 11 that came to my attention that happened in 12 October. I'm going to read you a little article 13 from the Beacon News, October 20 -- October 21st 14 of this year. i 15 There is a property at the 16 corner of Galena Road and Orchard Road that's 17 been empty for quite a while, and there was a 18 proposal to build a commercial property there. 19 This is -- the 16th Court 20 Michael Colwell ruled against that, and I'm going 21 to give you his reasons. I 22 What he said was this: He said I 6. 23 that a commercial development would place a 24 significant hardship on the residents of the Depo Court Reporting Service (630) 983 -0030 37 1 neighboring Cherry Hill and Blackberry Trail 2 subdivisions. i 3 He said, and I quote, "These 4 residents would suffer from the noise, lighting, 5 traffic, litter, truck deliveries and trash pick 6 up within 20 feet of their homes. 7 Simply because Galena and 8 Orchard are well traveled streets, that does not 9 change the residential character of this area. i 10 And, right now, there's an i I 11 awful lot of traffic going in right across the 12 street from me. There is two office buildings up 13 right now, and it's my understanding there's 14 going to be three more up there. 15 How many more are we going to 16 have? Where is it going to stop? Is it going to 17 stop? 18 I understand the City of 19 Yorkville needs tax revenue. What city or area 20 doesn't? 21 But I think a residential area 22 should be a residential area, and in the 23 Comprehensive Plan it was stated that this area 24 is a residential area. Is it now going to be i Depo Court Reporting Service (630) 983 -0030 38 1 changed? 2 And, if so, who benefits? Who 3 really benefits? Thank you for listening to my I 4 concerns. Have a good evening. 5 MAYOR PROCHASKA: Thank you. Next? 6 WHEREUPON: 7 PAM STANISLAUS, 8 testified before the Yorkville City Council as 9 follows: a 10 MS. STANISLAUS: Hello. My name is j 1 11 Pam Stanislaus. I live at 608 Heartland; 12 however, I can't go over there and point to a lot i 13 because I don't live directly in the bounds of 14 that property; however, a number of my neighbors 15 that live across the street from me do, so I also 16 have some big concerns. 17 I not only have concerns for 18 this particular property, but one of the things 19 that I really looked at was the city's own 20 Comprehensive Plan, and the thing that I see is 21 is that this property as proposed, the rezoning, 22 totally conflicts with a number of points that 23 are in this plan. 24 I personally went through this Depo Court Reporting Service (630) 983 -0030 I 39 1 plan and pulled out a number of points where I 2 thought it conflicted against. a 3 There were two objectives in �I 4 the character environment section that they go 1 5 against, and I actually have -- I don't know if I 6 want to stand up here and read it all again to 7 you, but one of the things that it says, that new j 8 developments -- ensure that new developments will 9 be compatible with the existing land uses in 10 terms of use, density, building height, scale and 11 impact to adjacent properties. 12 Well, in my opinion, this will 13 impact the adjacent properties pretty negatively. 14 The other thing in the I 15 environment section, it talks about preserving 16 existing trees. If you take a look at what they 17 are planning to do, I know for a fact, and I know 18 that if you look at the pictures that are down 19 here, there is a number of trees all over this 20 property, and there is a number of them that go 21 along the back, also along the side and front of 22 this, so I would question the petitioner what 23 they are planning to do about those trees. 24 And there is a number of other Depo Court Reporting Service (630) 983 -0030 i 40 1 things within the residential land use 2 classification section. It talks about an 3 important consideration with regards to location 4 criteria for this land use is to ensure that any 1 5 non - residential uses that are adjacent are as 6 compatible as possible. Higher intensity j 7 residential land uses, such as townhomes and i 8 apartments, are considered to be compatible 9 between single - family. I 10 Obviously that's not the case. 1 11 We are going right from residential to office. , 12 I have lived in the Yorkville 13 area for ten years now, recently moved into 14 Heartland about two years ago. We were in 15 unincorporated, moved into Heartland because I 16 loved the area, wanted to come into the city, and 17 I really don't want to see this happening. 18 Thanks for your time. 19 MAYOR PROCHASKA: Thank you. 20 Is there someone else that 21 would like to come forward? 22 WHEREUPON: 23 TODD FITZGERALD, 24 testified before the Yorkville City Council as Depo Court Reporting Service (630) 983 -0030 41 1 follows: 2 MR. FITZGERALD: Good evening, 3 ladies and gentlemen. My name is Todd 4 Fitzgerald. I live at 649 Heartland Drive. k' 5 On this sheet, I am this little E 3 6 guy down there, so I am -- I am not directly 7 behind it, but I am kitty- corner to it. I ; 8 definitely have a big concern with it going to 9 commercial as B -3. i 10 Just to point out again, the 11 certified letter that Mr. Kramer sent out to all 12 of us did not mention anything about the office 13 on there, so I am -- I kind of feel with that i 14 indication, when he first spoke and said okay, 15 B -3 or office, and then now by not really showing 16 us a new proposal, I kind of feel like I'm having 17 the wool pulled over my eyes, hey, let's see if 18 we can sneak this in, take them off guard, and I 19 kind of feel offended by that. 20 But I would like to add to some 21 of the points that Pam had on the Comprehensive 22 Plan. 23 One major point that I would 24 like to bring up talks about the suburban Depo Court Reporting Service (630) 983 -0030 42 1 neighborhood, talks about the intent. 2 So just to define suburban 3 neighborhood, it's gross density between 1.5 and 4 2.25 dwelling units per acre, and from the 5 description of the intent, it talks about a i 6 suburban neighborhood is intended to be a I 7 residential area primarily comprised of 8 single- family detached neighborhoods. 9 A suburban neighborhood seeks 10 to preserve existing developed areas at this i 11 density and to create new lower density 12 environments characterized by its good 13 neighborhoods and residence of distinctive 14 design. 15 And then it further goes on and 16 says, as with the estate neighborhood, 17 integration of open spaces, particularly along 18 major roadways and at the periphery of each 19 development to transition adjacent areas, is 20 vital to both the character and the development 21 and the identity of the city. 22 And from the proposal that 23 Mr. Kramer has here, we are putting offices and 24 commercial right -- right in single- family Depo Court Reporting Service (630) 983 -0030 43 1 developments' back yards. 2 That is definitely not in -- in 3 conjunction with what we're trying to get out of fl 4 the Comprehensive Plan or, I should say, the 5 guidelines from the Comprehensive Plan. I mean, I i 6 guidelines are meant to help Yorkville grow. 7 And also the -- Page 16 of the 8 Comprehensive Plan talks about transitions, and 9 they say transitions -- there should be at I I 10 least -- with transitions from commercial to 11 residential, there should be -- it has to be 12 either single -- or, I'm sorry, apartments or 13 townhomes or some sort of higher density 14 residential before you go to commercial. 15 Now, a couple examples of 16 commercial to residential that we have in our 17 neighborhood is across the street we have the 18 office complex and, yes, you can argue that I 19 that's right next to commercial, but it's not I 20 really because it has a berm, it has a street 21 buffering between the two, and I think that's a 22 big difference when you have a buffer zone like 23 that that's wide versus this, where -- I mean, 24 right here we are talking 20.2 feet off the back Depo Court Reporting Service (630) 983 -0030 44 1 of Robbin's property and 20.52 feet off of Joel's 2 property, and, I mean, if you look at these -- at 3 these pictures that Robbin had up here, I mean, 4 there is really good -- I mean, we are talking 5 swing sets and trampolines that are -- I mean, 6 would literally be ten, 20 feet off the property 7 line. 8 So, I mean, we are going to 9 have kids playing next to -- next to the back of i 10 office buildings, and I don't really feel that 11 that's -- that that's really right. 12 The other thing is I'm 13 concerned about setting a precedence on McHugh 14 Road. I mean, this is the first property along a i 15 stretch of about four lots that's right along 16 McHugh Road on the east side going south from 17 Farmstead down to the other -- the other entrance 18 to Heartland subdivision. 19 Once this goes commercial, I 20 mean, that just sets a precedence, hey, we can go 21 commercial for the other three lots, and then -- 22 I mean, it's not only going to be two houses 23 affected that's going to be looking directly at 24 office buildings, it's going to be probably the Depo Court Reporting Service (630) 983 -0030 45 1 whole row, which is probably 10 or 12. 2 So that's my opposition. I am a I 3 not in favor of any sort of rezoning. I want to 1' 4 keep this residential. I want to make sure that 5 we keep the trees, keep the house there. I mean, , 6 everything looks really good. y 7 My wife and I moved in November 8 of 2004. The reason why we chose that house is 9 because we had a nice look out the back yard. I i i 10 mean, we can see all the way to McHugh Road, it's 11 very pleasant. We are looking to start a family 12 and, I mean, I -- this really -- this really 13 bothers me to want to try to raise kids with t 14 commercial in my back yard. 15 I mean, we looked at several 16 other places, we looked at Plainfield, we looked 17 at Aurora, and Yorkville, because of -- because 18 of the way it looked with the open spaces, with 19 kind of the very rural community -type atmosphere, 20 but yet it still had commercialization in 21 specific nodes, which is also stated in the 22 Comprehensive Plan. 23 So I appreciate the time for 24 you listening to me this evening and I hope you Depo Court Reporting Service (630) 983 -0030 46 1 guys can make the right decision. I appreciate 2 it. i 3 MAYOR PROCHASKA: Thank you. Is 4 there anyone else that would like to come forward 5 and make a comment? 6 WHEREUPON: 7 THERESA JUODIS, 8 testified before the Yorkville City Council as 9 follows: 10 MS. JUODIS: Hello. My name is 11 Theresa Juodis and I live at 627 Heartland Drive, 12 and I am actually Todd and Dawn's nextdoor i 13 neighbor, a little bit further off the map this 14 way. 15 And I just wanted to reiterate 16 everything my neighbors have said. We are 17 worried obviously about light pollution, noise, 18 crime, the safety of our homes. It doesn't 19 obviously match the Comprehensive Plan that the 20 City has for building. 21 I sent emails out to all the 22 aldermen that had emails and I requested that you 23 go out and actually view the property. 24 I think you get a much bigger Depo Court Reporting Service (630) 983 -0030 i 47 1 impact for how close this is to our homes and to 2 our yards whenever you actually go out and view 3 the property, and I do know that one of you did, 4 and I really do appreciate you taking the time 5 and effort to do that, and I just hope that you i 6 maintain that consideration whenever you make 7 your vote to continue or to vote on this property 8 in the future. 9 The fact that they changed from i 10 business to office doesn't change my mind at all. 11 I do not want anything but residential in my back 12 yard. 13 I purchased my home with the 14 intention of living in a residential area. An 15 office is still going to maintain late hours, 16 there's going to be people there during the day 17 coming and going whenever I am not at my home and 18 that doesn't make me feel very safe. So I 19 appreciate your consideration. 20 MAYOR PROCHASKA: Thank you. Anyone 21 else? 22 WHEREUPON: 23 RICHARD CORNEK, 24 testified before the Yorkville City Council as Depo Court Reporting Service (630) 983 -0030 48 1 follows: 2 MR. CORNEK: Good evening. I 3 MAYOR PROCHASKA: You can leave your 4 coat on the chair if you like. 5 MR. CORNEK: I'm ready to leave i 6 quick. 7 MR. MUNNS: The police station I 8 department is right through that,door. j I 9 MR. CORNEK: Good evening. Richard 10 Corner, 944 Homestead in Heartland subdivision. 11 I just want to talk about two things before the j 12 Council and the mayor, and there are two words: 13 Value and money. 14 Obviously money is the 15 motivation for rezoning this property. The owner 16 can get in quick, can build his own building, 17 have his own revenue stream coming in with that 18 particular building. There is a lot more 19 opportunities in the City of Yorkville than this. 20 Number two is value. What 21 value -- As you proceed.and review this petition 22 from this petitioner, what value is this going to 23 give the City of Yorkville? 24 I say this is an ugly precedent Depo Court Reporting Service (630) 983 -0030 49 1 if you review this and agree to this precedent 2 and petition, and I encourage you, strongly 3 encourage you, to leave it zoned residential. 4 Thank you. 5 MAYOR PROCHASKA: Is there anyone 6 else? i 7 WHEREUPON: 8 DAWN FITZGERALD, 9 testified before the Yorkville City Council as 10 follows: 11 MS. FITZGERALD: Hi. I am Dawn 12 Fitzgerald and I live at 649 Heartland Drive, and 13 I wanted to give you an example of how one 14 building or space can influence an entire 15 community like ours. 16 Recently the Black Stone i 17 restaurant opened on 34 and McHugh, and we all 18 knew it was going there. Great. 19 Unfortunately it sits about 20 right here. The only opening is right here and 21 there is no divided median, so we're getting all 22 of the traffic coming into our neighborhood to do 23 a U -turn down Farmstead to get into the 24 restaurant. Depo Court Reporting Service (630) 983 -0030 i 50 1 Now, the restaurant has only 2 been open maybe about a month, and I can't tell I 3 you how many times when I come home from work you 4 have a line of cars just making U turns to get 5 in. That's only one thing. 6 I mean, if we start going 7 commercial through here, we're going to have to 8 put a stoplight here soon because there is so 9 much traffic coming in and out, and the more we E 10 put right on these corners, the more it's 11 influencing all of our property. 12 I mean, kids ride their bikes 13 here, we have kids playing here and here. I 14 mean, the more we put there, the more dangerous 15 it is. So thank you. 16 MAYOR PROCHASKA: Okay. Anyone 17 else? 18 (No response) 19 MAYOR PROCHASKA: Does the 20 petitioner want to respond to any of the 21 discussion? 22 MR. KRAMER: Thank you. Again, this 23 is supposed to be a hearing on the annexation 24 agreement. We have done the public hearing on Depo Court Reporting Service (630) 983 -0030 51 1 zoning. But we certainly are willing to answer 2 many of those questions. 3 In the City Comprehensive Plan, f H 4 there is a stoplight at the corner of McHugh and { 5 Fair -- or the drive going into the subdivision I 6 and Route 34 because it is a subcollector for the 7 City. It's designed to handle some traffic. 8 We are not going to create all 9 that many trips a day with us. A restaurant 10 certainly creates a lot of trips. s 11 We've heard a lot of testimony j 12 about people coming at all hours of the day and 13 night. We are over there usually every day of 14 the week at Chicago Title and we are there 15 anywhere from 8:00 in the morning until 6:30 or 16 7:00 at night. Never really had to wait other 17 than maybe two or three cars going at the 18 stoplight or two or three cars coming in. 19 No traffic jams, even when 1 20 people are picking up or dropping off their kids 21 from the day care in back, and those children 22 play in that neighborhood at day care and nothing i 23 untoward has happened. I i 24 We've got -- Dr. Onishi's eye I I Depo Court Reporting Service (630) 983 -0030 52 1 care clinic is in that very office building 2 across the street. There is absolutely no I 3 buffering from that office building facing the 4 street when you go in, and when you look at the 5 pictures down here, you see a nice picture of the 9 e 6 yards, and they are. They are very attractive i 7 homes. We don't plan on doing anything that 8 would change that character one iota. 9 But when you first drive in -- 10 and I had asked the aldermen all to drive into 11 that subdivision -- the first thing you see on 12 the Onishi property right now is a metal storage f 13 building right on Heartland Drive. That's the 14 very first thing you see. You don't see the 15 house. 16 On the south of the property 17 facing the residential, we can leave that tree 18 line in, and that's part of the landscape plan. 19 On the west much of the tree 20 line stays, and the building itself would take 21 the place of where the house is now. 22 Are some trees going to get 23 knocked down? Yes. Not the predominant amount 24 on the property. Depo Court Reporting Service (630) 983 -0030 53 1 And under your city ordinance 2 and landscape plan, we will have a heavier buffer 3 after building than it is with the neighbors now. 4 So the reason for the 5 relocation of the building was to put the parking 6 lot on the side that has the least impact for the i 7 neighborhood. That sits directly across from 8 Chicago Title, the dance academy,and Dr. Onishi's 9 current building. 10 We've heard some testimony 11 tonight that you should transition with higher 12 density. I submit if we were standing in front 13 of you asking tonight for 12 units an acre for an 14 apartment building or eight units an acre, we i 15 would have many, many more objectors than for an j I 16 office use. 17 We've got any number of this 18 type of building in the county and in the city. 19 If we look at the very courthouse, Cannonball 20 Drive and John Street, generate over 5,000 trips 21 a day, and what do we have on Cannonball Drive 22 and right at the edge of the courthouse property? 23 We have duplexes, we have 24 residential, we have a day care facility with Depo Court Reporting Service (630) 983 -0030 54 1 children playing outside. 2 If there was ever a place you 3 would worry about children playing outside, it k i 4 would be with the county jail and a criminal 5 population that comes in and out of the 6 courthouse each day. 7 These are normal people, just 8 like you and I, going for eye exams. And part of j I 9 this is pure suburban zoning in the sense of we 10 always talked as planners and you, as City 11 Council members, and Mike Schoppe, your planner, 12 try to create opportunities to get people out of 13 their cars. 14 We've got a large neighborhood k 15 surrounding this that people can walk for eye 16 care. They don't have to get in their car. If 17 they have teenage children, they can send them 18 for an eye exam, for contacts, bicycle, walking, 19 without getting in a car. And I submit that's 20 very, very healthy for the community. 21 In terms of value, we don't 22 think we detract one little bit. Again, to the 23 north you've got older apartments, which are i 24 probably unfilled, they're under old county 0 Depo Court Reporting Service (630) 983 -0030 55 1 zoning, some of it's zoned ag, some of it's zoned 2 R -3. I I 3 When those get knocked down, 4 you are probably going to have a more intense use 5 to the north. i i 6 To the west with some of the 7 older homes that sit on the north and south side, 8 I wouldn't be surprised with McHugh being a 9 subcollector under your ordinance that you will 10 see some additional office or light uses like j I 11 this down there. 12 I don't think they'll be I 13 commercial uses, and that's why we backed off of I 14 B -3 zoning and that the annexation agreement i 15 that's been here at the city for over a month 16 shows purely office use, no B -3. 17 So, again, it's not the popular 18 decision. And I remember maybe three, four years 19 ago we had petitions not with 100, not with 200, 20 not with 300 signatures, but with four and 500 21 signatures that said City Council, if you approve 22 Heartland or if you approve Heartland Circle 23 subdivision, we're going to have evil people move 24 into town, the town is going to go to the dogs, Depo Court Reporting Service (630) 983 -0030 I 56 1 and it's all going to be ruined. 2 We've got very nice people now 3 living in Heartland, and that will continue with I 4 this project. Thank you. 5 MAYOR PROCHASKA: Is there anyone -- 6 You are welcome to comment on that, but I don't j 7 want to hear just the same thing that we just 8 said. 9 If you have something 10 additional to say based on the petitioner's t 11 comments, you are welcome to do that. 12 MS. STANISLAUS: I have one. Do I 13 have to say my name again? I 14 MAYOR PROCHASKA: Yes, you do. 15 MS. STANISLAUS: My name is Pam 16 Stanislaus. I live at 608 Heartland. The only + 17 thing that I would like to say is I don't think 18 any of us were standing up here trying to say we 19 would like, you know, a multi - family type 20 environment, seeing something other than 21 non- residential. 22 I think we were just citing in 23 the Comprehensive Plan that it says there should 24 be more of a transition. We were just asking I Depo Court Reporting Service (630) 983 -0030 57 1 that you look at that. 2 I don't -- I mean, that's my 3 only point, is I don't think we were saying that 4 we wanted to go towards something like that. s 5 Ultimately all of us would like 6 to see this kept residential because our biggest 7 concern is that if that goes, it starts filtering 8 all the way down McHugh Road, and once it goes 9 down McHugh Road further, I believe it's going to I 10 impact many more residents of the City of 11 Yorkville, not just Heartland. Tanks. 12 MAYOR PROCHASKA: Okay. Anyone I 13 else? s 14 (No response) 15 MAYOR PROCHASKA: Are there any 16 comments from the Council at this point? 17 Question? 18 MS. OHARE: Well, that plus maybe a 19 correction. On the November 2nd draft, Page 1, 20 refers to it as McHugh and Heartland Drive, I 21 believe it's McHugh Road and Farmstead Drive, to 22 be corrected. 23 I did live in that area for 24 about 12 years and I think it should stay as I Depo Court Reporting Service (630) 983 -0030 58 1 residential. 2 I understand that office -- 3 there is a lot of other office areas in this town 4 that this business can go to. i 5 MAYOR PROCHASKA: Anyone have any I i 6 other comments or questions or -- on the Council? 7 Mr. WOLFER: I agree with Wanda. I 8 sat in on the Planning Commission, there was a 9 five -one vote against this, and I read the 10 minutes. I think we are changing and getting 11 away from our plan. j 12 MAYOR PROCHASKA: Okay. i 13 MS. BURD: I have a question. �I 14 MAYOR PROCHASKA: Yes. 15 MS. BURD: The Comprehensive Plan, 16 does it allow multi- family housing there? Is it 17 a buffer or is it just straight? 18 MR. JAMES: Some is R -3. 19 MR. WYETH: There is -- Yes, to 20 answer your question. Yes. 21 MR. JAMES: The zoning. 22 MAYOR PROCHASKA: But that's R -3 23 currently, and our comp plan, I think it's just 24 included in the suburban, which could have Depo Court Reporting Service (630) 983 -0030 59 1 townhomes in it, so that -- it would be looked at 2 with that whole area, so we wouldn't over - burden 3 that particular area as far as density. It could 4 happen. 5 MS. BURD: Okay. Because my -- my 6 only concern is what we've seen in other areas, f 7 for instance, Cannonball and 34. i 8 Originally the.residents there 9 were against any kind of multi - family housing use 10 that was going to go on the corner there and they i 11 protested and the City Council voted against 12 that, and now, as we become more crowded as a 13 municipality, the higher -end use comes in and now 14 we're going to have actually -- we are looking at i 15 kind of a commercial use now, which would be 16 worse than what was originally proposed, so my 17 only concern is that the residents are aware of 18 this possibility as you go along. I 19 MAYOR PROCHASKA: Would be looking 20 for more intense. 21 MS. BURD: Right, a more intense use i 22 because this is really a low impact use in my -- 23 I'm willing to vote against it because so many of 24 you are not happy with it, but you have to take j i Depo Court Reporting Service (630) 983 -0030 I 60 1 into consideration that this property owner is 2 going to do something with this property sometime 3 and it's probably not going to stay as a farm 4 house, so I don't know, they could come in and 5 tear it down, they could cut down all the trees 6 on the property. 7 They're not in the city. They 8 don't have to follow us, isn't that correct? I 9 MAYOR PROCHASKA: Prior to doing 10 anything in the City. 11 MS. BURD: Right, before they annex. 12 Just so you are aware, they could do this, they I 13 have a right to, it's their property, and it 14 doesn't have to conform to any city requirements 15 because it's not annexed, so when you talk about 16 how beautiful the trees are and how you like the 17 old farm house, we can't save it, that's not 18 something that we can do, and I just want 19 everybody to be aware of that, but I'm very 20 sympathetic to what you are saying and, like I 21 said, there are so many who have these concerns, 22 I would be willing to vote following your wishes. 23 MAYOR PROCHASKA: Okay. Anyone 24 else? Depo Court Reporting Service (630) 983 -0030 61 1 MR. BESCO: Your Honor, I would like 2 to bring up one thing. I find it a little bit 3 ironic, but I happen to remember when Heartland 4 Circle first came to us and their first draft 5 actually had commercial in the middle of the 6 development, so it's a little bit of a -- this is 7 on the fringe of the development, and I 8 understand the hardships that it would place on 9 people, and I understand the sight isn't always 10 pleasant, I wasn't happy when I got a cell tower i 11 in my back yard, and I have a lot of mixed 12 feelings about the way the development with 13 commercial or business or office would fit on 14 this site. 15 I'm kind of undecided at this 16 point. 17 MAYOR PROCHASKA: Well, just -- I 18 just want to make a point here just so we are all 19 aware because we talked about the R -3. County 20 R -3 is single- family, city R -3 is townhomes, just 21 so we make that clear it is single - family at this 22 point in time. 23 I think points were very well 24 made in all cases. There is certainly concerns f Depo Court Reporting Service (630) 983 -0030 62 I i 1 that we want to address, the Council is made 2 aware that we will address the concerns of the I 3 people of Yorkville, but then again, one of the 4 things we have to be aware of is that as it sits 5 right now, the city has no control of what would i 6 happen to the property. That was very well !I 7 stated. 8 Are there any other comments? 9 (No response) l 10 MAYOR PROCHASKA: Then with that, I I 11 would entertain a motion to close this public 12 hearing. i 13 MR. LESLIE: So moved. i 14 MS. BURD: Second. 15 MAYOR PROCHASKA: So moved and 16 seconded. May I have roll call, please? it 17 MS. MILSCHEWSKI: Burd. 18 MS. BURD: Aye. 19 MS. MILSCHEWSKI: James. 20 MR. JAMES: Aye. 21 MS. MILSCHEWSKI: Leslie. I 22 MR. LESLIE: Aye. 23 MS. MILSCHEWSKI: Munns. 24 MR. MUNNS: Aye. I Depo Court Reporting Service (630) 983 -0030 63 1 MS. MILSCHEWSKI: Ohare. 2 MS. OHARE: Aye. 3 MS. MILSCHEWSKI: Wolfer. 4 MR. WOLFER: Aye. 5 MS. MILSCHEWSKI: Besco. 6 MR. BESCO: Aye. 7 MAYOR PROCHASKA: Motion is carried. 8 (Which were all the 9 proceedings had in 10 the public hearing 11 portion of the 12 meeting.) 13 --- 000 - -- 14 15 16 17 18 19 20 21 22 23 24 I Depo Court Reporting Service (630) 983 -0030 64 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois; i 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 1 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 hand this/_ day of 16 _ �� 2006. 17 18 19 20 _ OHRI6STI M. VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 23 24 f Depo Court Reporting Service (630) 983 -0030 i Yorkville Plan Commission Multi- Pagc & - MS December 14, 2005 always [i] 7:10 color [i] 5:21 far [zl 5:16 8:20 'John [zl 2:16 6:13 - &- Ament [il 4:2 commercial [al 5:20 7:8 Farm [il 1:9 JONES [il 2:10 & [il 2:14 ANNE [i] 2:5 7:9,19 favor [z] 3:10 10:23 JUSTIN [il 2:16 annexation [6] 3:19 5:13 commission [sl 1:1 4:5 feet [i] 5:22 - 0_ 6:4 8:6 9:21,23 4:13,22 10:15 Fifth [il 2:14 -K- appeared [il 2:16 comp [i] 7:24 filed [zl 3:17 8:5 084- 002883 [i] 12:21 application [il 3:18 comprehensive [3l 5:18 fine [11 9:18 Kendall [al 3:19,21 4:3 approaching [il 8:6 5:21 24 first [2] 4:2112:4 kick [i] 9:22 -1- [il 7:6 arbitrarily [il 9:8 concept flex [zl 8:7 9:20 Kleinwachter [zl 3:16 1107A 5:1 assign [il 8:11 concerns [zl 10:3,10 flip [il 7:7 5:3 attorne l 4:24 9:24 connecting 3: 6:17 Kleinwachters [il 8:4 y follows [il 4:22 _2_ consists [zl Ell 5:8 Kramer [6] 4:18,20,23 audience [il 10:3 foregoing [21 12:9,10 consulting [il 6:14 200 [il 5:22 availability [il 6:9 foreseeable [il 8:15 4:24 8:24 10:7 2005 [i] 1:9 available [il 6:15 contains [il 12:12 correct [il 12:11 KRAUPNER [il 2:7 forward [il 7:22 2005 -52 [11 3:15 Avenue [i] 2:14 frame [zl 8:23 9:22 2006 [11 12:16 away [11 7:20 county Es] 3:19,21 4:3 frankly [il 7:5 - _ 6 aye [zl 3:10 10:23 frin a [il 8:1 land Eli 6:20 CROUCH [21 2:8 3:6 g -3- Ayes [zl 3:11 10:24 CSR [il 12:21 front [zl 5:19 7:15 Lane [il 5:8 300 [21 2:14 5:23 cut [i] 9:8 frontage [il 7:10 LASALLE [il 12:2 355 -1458 [11 2:15 - B - future [i] 8:15 last [i] 10:8 380 [11 2:14 B -3 [al 3:22 5:20 8:9 9:21 _D_ law [il 5:1 back - up [i] 8:11 - D - 779805 leading [i] 5:11 Dan [z] 4:16,2 3 1:21 - 4 - Bank [il 3:17 , Game [il 1:9 Legion [i] 4:2 2 1 12:2 400 [i] 5:23 bare [11 5:13 DANIEL [11 4:20 gee [il 9:7 licensed License [il it 2 : 2 i 47 [a] 4:1 5:8 6:5,17 behalf [11 2:16 DAVIS [i] 2:6 generates [11 7:11 behind [il 5:3 December [il 1:8 GIPE [11 2:12 likely [i] 7:21 j BILL [il 2:6 God [il 7:14 Lindblom [is] 2:2 3:4,9 II -6- design [3l 7:6 8:19,20 3:12,14 4:16 5:6 10:1,5,9 60563 [11 2:15 Bonnie [il 5:8 develop [z] 7:5,19 good [zl 5:14 7:11 10:12,18,22 11:1,3 boring [i] 6:17 630 [i] 2:15 development [zl 6:11 line [11 8:2 break [il 10:8 9 : 3 - H - located [zl 4:15:5 Brian [z] 2:9 9:1 DINA [il 2:12 -7- hand [zl 4:14 12:15 look [il 6:3 , Bridge [11 5:1 discuss [il 10:14 hard [11 10:8 looking [il 6:10 7:00 [i] 1:9 BROMBEREK [i] discussed [11 8:4 2:14 hearing [91 3:5,15 4:9 lots [z] 8:119:17 _g_ build [il 7:1 discussion [il 10:20 8:16 10:12,14,19,22 11:7 low [zl 7:2,15 800 [il 1:9 buildings [zl 7:8,9 district [3 3:22,23 7:12 HEITZ [11 2:14 LUCIETTO [3l 2:5 3:8 8051 [� l 3:17 business [al 3:22 8:14 done [il 9:1 Herb [al 3:15 6:1,20 7:18 10:16 9:13 12:6 down [3l 6:12 8:16 9:16 hereunto [i] 12:14 drawing [zl 5:12,21 Hey [il 10:7 -M- driveway [il 5:10 HOLDIMAN [zl 2:3 M [3l 1:8 12:4,20 9.81 [zl 4:1 5:9 _C _ drop [i] 8:16 3:7 magic [i] 5:22 C [il 2:13 duly [z] 4:2112:4 hook -up [i] 6:15 management [i] 7:8 _A_ C.S.R. [z] 1:8 12:20 hour Ell 1:9 matter [11 1:7 A -1 [il 3:21 care [3] 6:24 7:1,20 -E- house [2] 5:11,16 may [z] 7:15 9:7 above - entitled [il 1:7 certainly [i] 7:11 E [al 2:1,1,13,13 mean [il 7:4 Certified [i] 12:5 -I- acres [z] 4:1 5 east [3l 2:14 6:5 9:12 measure [i] 8:10 Chairman [ial 2:2 3:4,9 actively il 6:23 idea [11 6:2 y 3:12,14 4:16 10:1,5,9,12 easy [il 10:6 meet [il 8:18 activity [il 6:4 10:18,22 11:1,3 end [2] 5:16 7:15 Illinois [v] 1:2,10 2:15 meeting [6l 1:1,6 8:12 ADAMS [il 2:4 CHARLES [il 2:7 engineer [i] 6:14 2 :17 3:19 4:3 5:2 12:1,7 11:9 12:9,13 address [zl 4:12 5:1 immediate [il 6:22 members [il 4:5 Chorus [zl 3:11 10:24 Engineering [il 7:18 adjourn [21 10:13,19 CHRISTINE [3l 1:8 engineers [il 7:17 Inland [il 9:1 MICHAEL [il 2:8 aerial [2] 4:6 5:6 12:4,20. evening [il 5:4 involved [11 6:23 MIKE [1 1 2:11 aforesaid [il 12:12 city [is] 1:2,10 2:17 3:18 event [11 6:7 issue [il 3:15 mile- and -a -half [il 6:6 again [7] 5:20 7:20 8:18 3:20,21 5:18 6:7 7:11,13 exhibit [11 5:7 item [11 4:6 most [z] 7:10,12 9:3,6,11,20 8:7,13,19,20 9:24 motion [3] 3:5 10:13 11:3 agenda [i] 4:6 CLARENCE [11 2:3 _ -7- moved [6] 3:6,7,9 7:21 agreement [21 8:6 9:23 clear [i] 6:21 J [i] 4:20 10:16,18 Ag [il 3:21 clearly [i] 4:10 facility [il 7:1 MS [s] 2:4,5,12 3:8 10:16 clever [i] 8:1 gn fair [i] 9:5 JACK [il 2:10 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983 -0030 Yorkville Plan Commission Multi-Page e" r ` municipal - zoning December 14, 2005 municipal [i1 6:9 public [91 3:5,15 4:9 8:15 seven [11 9:4 3:20,21 MUNNS [1] 10:17 10:14,19 11:7 12:9,13 seven -year [11 9:2 up [2] 5:119:17 put [3] 7:9,14 10:7 sewer [31 6:15 8:21,21 utilities [11 8:19 -N- shorthand [31 12:6,8,11 utility [11 6:9 N [21 2:1,13 -Q show [1] 4:8 Naperville [i] 2:15 questions [21 10:2,9 showing [21 5:23 8:10 _V_ National [i1 3:16 quite [i1 6:24 shows [i1 5:19 valuable [i1 7:10 need [i1 9:16 side [31 5:7 6:5 9:12 variances [i1 8:12 r needs [2] 6:22 8:14 -R- sides [1] 5:15 vision [i1 6:21 night [1] 10:8 R [2] 2:1,13 signify [21 3:10 10:23 VITOSH [3] 1:8 12:4,20 none [2] 10:13,22 R -2 [51 3:22 8:12,16 9:9 single - family [11 8:12 north [21 4:2 6:18 9:22 site [1] 5:12 _W_ notes [1] 12:11 raise [21 4:13,13 sits [21 5:11,16 real [41 3:24 5:20 6:21 sifting [i1 6:13 water [z1 6:16 g h nothing [i1 9:4 g Weisman- Hughes [21 noticed [i1 4:10 10:8 six [2] 9:2,4 6:4,19 really [21 6:10 7:7 Smith [i1 7:17 now [21 3:14 9:9 west [21 5:7,16 rear [1] 5:11 sometime [i1 6:24 WHEREOF [11 12:14 - 0_ recommendation [i1 south [5] 4:2 5:1,8 6:18 whole [31 5:15 8:9 9:21 9:20 7:21 oath [2] 4:5 12:5 record [i1 4:23 southerly [i1 7:2 window [i1 9:2 off [2] 8:10 10:6 referred [i1 5:6 wish [2] 7:4,7 Old [i1 3:16 ss [i1 12:1 wishes [i1 4:12 repeat [i1 4:14 stand [1] 4:13 one [1] 7:19 REPORT [i1 1:6 standard [21 8:19,20 without [11 8:15 One [1] 3:23 reported [21 3:3 12:8 State [2] 12:1,6 WITNESS [i1 12:14 s opportunity [11 9:13 Reporter [i1 12:6 Witnesses [11 4:15 O ii osed [z1 3:12 11:1 P stay [i1 7:16 g PP represent [i1 5:2 storm [i1 8:20 words [i1 8:8 ought [i1 6:10 requesting [i1 3:19 stormwater [11 7:7 Wyeth [31 2:14,16 6:12 outside [i1 6:14 requirements [i1 8:13 Street [1] 5:1 _ Residence [i1 3:23 -Y -P- suggest [i1 8:5 year [i1 9:3 residential [21 5:24 9:12 Suite [11 2:14 Y P [3] 2:1,13,13 response [s] 3:13 10:4 survey [1] 5:13 years [11 9:3 P.M [1] 1:9 10:11,21 11:2 sworn [31 4:15,21 12:5 Yell [11 9:11 Pam [61 3:16 5:3 6:1,21 review [i1 6:6 yet [1] 7:6 1 6:23 7:18 rezoning [i1 3:20 _T_ Yorkville [io1 1:2,10 parcel [21 8:9 9:21 right [s1 4:14 5:4 7:20 9:8 2:17 3:18,20,22 4:22 5:2 I E passes [11 11:3 9:9 T [i1 2:1 6:7,10 past [1] 8:24 road [s1 1:10 4:2,2 8:18 taxes [i1 7:12 PC [1] 3:15 9:16 terms [21 6:20 9:3 _Z_ petition [l1 8:5 room [11 5:15 testified [l1 4:21 zone [1] 8:9 petitioners [21 3:17 5:3 Route [3] 4:1 5:8 6:17 Thank [1] 4:16 zoning [41 6:3 8:7 9:20 photo [z1 4:7,8 thought [i1 8:3 9:21 pick [11 9:22 - S - thoughts [i1 9:7 place [i1 8:17 S [21 2:1,13 through [2] 6:6 7:23 plan U1 1:1 4:5,22 5:19 SANDRA [11 2:4 TOM [1] 2:2 5:22,24 7:24 sanitary [21 6:15 8:21 tonight [31 4:6 9:7 10:6 plat [1] 5:13 sat [1] 6:12 Township [11 4:3 platted [21 7:6 9:17 says [i1 12:5 transcript [1] 12:11 point [11 7:2 SCHILLINGER [21 true [i1 12:10 points [1] 7:15 2:9 8:22 Trust [1] 3:17 portion [1] 11:8 school [i1 7:12 turns [1] 5:23 possible [i1 6:16 SCHOPPE [11 2:11 two [2] 8:119:3 practice [i1 4:24 scream [1] 9:11 type [1] 8:22 precise [1] 5:20 second [4] 3:8,16 4:6 preserve [1] 9:14 10:17 _U_ proceedings [s1 1:6 3:1 seconded [21 3:10 10:19 under [2] 5:18 6:17 11:6 12:9,13 see [31 5:15 6:14 7:1 underlying [11 8:11 properties [i1 7:24 Service [i1 3:22 Unfortunately [1] 7:14 property [81 3:24 4:9 5:5 services [21 6:9,18 United [s1 1:2 2:16 3:18 5:12,17,19 6:19 7:3 set [z1 9:17 12:14 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983 -0030 .,ED CITY OF YOR KVILLE CITY COUNC °L PUBLIC HEAT 'NG DMiblt # SITE PLAN PC# OF THAT PART Of THE SOUTHWEST QUARTER OF SECIIM 5 AM PART Or THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 36 NORTH. RANGE 7 EAST Of THE THIRD PRINCPAL YEAIDIAN DESCRIBED AS FOLLOWS: COYNENONO AT 111E SOUTHEAST CORNER OE SAID SECTION k THENCE NORM 05-4100' WEST 252.]5 FEET i0 THE TANGENT OF THE CENTER OF LUNGS ROUE T SNO POINT BEING P.L STATION IW2 %19.65 OF SAO GMIEAINE: THENCE SOUTH B.SJYOD' WESI ALONG SAID TANcEm AND ALONG THE CE(TERUHE AND 'LONG A TANGENT OF SAID CENTEMNE 2059.48 FQT 10 PJ. STATION 140HJl.50; THENCE SOUTH 741400' WEST ALONG THE TANGENT AM AMC THE CENTER HE Of SAID ILLMOS ROUTE T 1651°0 FEET. THENCE NOIITN L9`077O' WEST 59,2 FEET TO THE NMTNE LY LINE OF S ENVOIS ROUTE T: THENCE NORM 7411'00 EAST ALONG SAID NORTHERLY LINE 203.0 FEET FOR THE PONT OF BEGINNING: THENCE NORTH 15`07'70' WEST 415.0 FEET: THENCE NMTH 74 EAST PARALLEL WON DIE NORTHERLY LIE Or SAID ILLINOIS ROUTE 71. 2°9.0 FEET: THENCE SOUTH le`0TJO' LAST 415.0 FEET TO THE NORTHERLY UNE OF SAD ILLINOIS ROUTE 71; THENCE SOUTH 74-42 WEST AGM SAO NORnNCRLY LINE 209.0 FEET TO THE PONT O' BEOWNG W NENDALL TOWNSHIP. I EHOALL COUNTY. IWH01S AND OONTAIIPNG M00! ACRES AS S.OD PROPERTY IS DEPICTED ON A PLAY Or SURVEY BY FRANCIS E. SEXTON. IWNOS PROFESSIONAL LAND SURVEYOR NO. 1/66, DATED SEPTENeER'21. 1065. WHICH SURVEY APPARENTLY CREATED THE PARCEL AS SHOWN. AND TWAT LEGS SURVEY IS BASED SOLELY ON THE UONWENTATIM —CH RMAWS rROU 'SERTON SURVEY". ATJACENT rAPII LAND N 09 2 3p E NOTES i T11N i .. . % t o L t c J'6 =Ut ^1 1 'OYD�'s'D• �•' +. \ \ ' "co \ \ 5TH \ \ \ 1 1 \ \ 1 \ 1 4ATLx \\ d � T ggP'�a,g10N ' O \ \ I � \ M. 1 011 \ s r(lN 0 5 1 n W`000 FENCE IS . an' EAST � NORTH 20' 10' D 2D• E rtNCG Is .. Vi c- 2.V TA c EAST z� r as b TWX Y o • . l °aP•a �'. B D�TBgnT LIC1AL FENCE IS CENTERED \ YP .n. � �1 - 111 E 1 WI M CGHCPCIE � pav LwW s / c,Ae - y� f r- � •� dIA „n .% i ui+i a R ni Bi1 o: THE TTHE �TOI MET . EAST C12 IS - 12 30 W NORTH LINE OF ROAD BY VIRTUC S 2p9 Or A PRESCRIPTIVE ROAD EXISTING PIUOR TO ME CONSTRUCTION Of RT. 71� ' • �Y41 702 S637YOTW A 2059.48• 71 Tub 9 01 . 116 s ,e5 S 'r . A ILLi 5 a' B SWIIIEASI CORNER or sccnoN S-JB -7 SFA,E of I1L —s)„ t WINE of —AUT I o-PPNESS'� JOB ADDRESS: LAN• W. 1 2L` oo NORM GERIY n' I 1 TL YEr DA A.C. CENTM AOlFrF 71 4114[4 a LAH ABOC DEED. AND . THE El c T : •� YORLn=. JN O1S IS A Cr RO+ii 0 OIDN THERE (�c . •; .0 h REVISION PgwrGT M,03 -02 -2001 DATTD TH.. +TH wr or FUGGY . 2965. MIE ! un n DATE TrPE CMllOU — ORANN BY PREPARED MOIL• ENGINEERING, INC. ' ' `�° 7: °,°° PC' PM(W �LL,LK ne WAIN BT71FFf BTITIDIDLS CCLNNN IPL5 N.. >92D Yfryll '5100 S. LINCOL14 -SUITE 100-LISLE ILL11401S 45` i 0 2 PHONE: (630)271 -0776 bil.L: ECr4L.COIE uMTED CITY OF Y®RKVILLE Cj Ty CCJUNCIL u pyR►_10 HEARIN The following homeowners from the Heartland suWiw.isie I adliAQa t areas are NOT in favor of the rezoning of 1100 McHu ' 9 — rrom rasW *ital to commercial and are NOT in favor o)fv 2005 -45. Name j Print n 1 Address 11-'� fan i� l a•.�rs o_ I 21 b".1, 1� - - $L 41� ° a C - �.o��e�c•`� I �� � r .�c�c�,�, -k� r..c� DY. 1 51 1 61 �, I 1 . C 2 7 ��� /��i/�� Q 2 � Ste, //� � t �,.�� �� . •. 8 M � �`` i r (' u P t� / i 0 � 'Z 1 0 n — (05(0 .S- C�. . ( C , 3L(' S l 121 Srlvl(+ C, �� I �I �r ICY . 13 141 ) 6 crL. I `5 3 -ffcmY a 16 /e 181 19 1 20 1 V31 vas I ( D Sq �v C 1 211 S 1 221 A b�l isl+�5 23 1 24 1 1 251 1 261 ^ J, 1 28 �� 3 01 C�• 1 C� �tr�� I�!�L I(�li - - - -- 31 Name Print Sign Address 32 S�w lq L/ 113 33 34 ;Z Q c Tk 351 36 37 Q( 39 ;T 14c --7'- 40 ( I I u I -(D +( ct 4 P r 4 l eAl-e? (7� 1 kt tftk'c-& ' W Dyn, C-E 45 46 ql T (Lz 1 *We izol 47 48 49 ge-Au Aiil �'&J vz�r p :1 c a (� o 0, �tvk , j _ � i 7 / /,� - � 52 114 J DR, 53 f) 5 4 55 -W Wonle d I D rk 56, t 57 j kc, L-i SILL It 1 u 14 ATLAJ 1-> Gi 58 Ili 4, 0 0 1 ("-1 l-cvuo 59 �Inni � ��lii�� 61 62 63 64 65 1 1 Name 1 Print Sign j Address i 66 jb,.,� ijN.A ��J I I /i (,v l.Pw � la r,c� CJ 1 671 j 681 691 1 701 1 711 j 721 j 731 741 751 761 1 771 1 781 j 1 791 1 1 801 1 811 821 'al 831 I 1 841 851 861 87 1 i 881 j 891 901 1 911 92 931 l 941 951 1 961 1 971 981 991 Name n Print Sign Address 1 100 101 102 1031 - 104 - 1051 1 1061 1071 - 1 108 1 109 1 110 1111 - - 112 113 i 1 114 115 1 116( 1 117 118 1 119 - - - 1 1201 1 121 - 1 1221 1231 - 1 124 125 126 127 128 129 130 131 132 133 i The following homeowners from the Heartland subdivision and adjacent areas are NOT in favor of the rezoning of 1100 McHugh Rd. from residential to commercial and are NOT in favor of PC 2005 -45. Name Print Sign, Address 2 3 pre �v�cl l's .�► r'i,,u �7 1 -4411 j 5 �' �R�► E I� l es s /�� �C� 111 5f �. 9 �� cc�2r S - - 114 14c&w4ead Dr-; Ue I L i 11 k7b, n l GbCq, -(I <. l /5"-)\ lea&x ' A - 4, /1 -- 12 g h A- 1 AwIA A Z 13 _ Javv� 2vse�,� �' dAq l 14 /J 1 ,/ W a l A s /''1r� V 1 17 6 W0/7- ST eA L� i K 15 F- Rte 16 1 /riles 2 ilff ��- //7 7 18 u 1 1 _ cu -�c-r 2ao r T_ a p V -pI R 20 J��� � _ 1 - 23 J? NUJvTv I �D,?3 NLr1/Z�L1JY> i/Gc�kv;G(� 26 27 28 291 301 31 1 The following homeowners from the Heartland subdivision and adjacent areas are NOT in favor of the rezoning of 1100 McHugh Rd. from residential to commercial and are NOT in favor of PC 2005 -45. Name Print Sign Address 1 �obbi✓� �ti (n& j 2 ',► ; � f11 c: (� l�v,f / 011 fG�l' ��w� i ct1— I f r/ l`c./hv� -61L 5 I oOR ��5�� V� k ric "l 0 � l HR cu l 6 14 &1720 ZWP f4 7�! 1z3 r1��5Turavr g 10 12 13 /� y Zvi ����� L4. 14 15 16 17 18 ' 19 20 21 22 I 23 { 24 25 26 27 28 29 30 31 I I The following homeowners from the Heartland subdivision and adjacent areas are NOT in favor of the rezoning of 1100 McHugh Rd. from residential to commercial and are NOT in favor of PC 2005 -45. a Name j Print Sign Address j 2 L �� c7A L� "' e.vc c r � z��w� Za . 4 00 4, 6hN4 _� 5V W Ri- roc n )11e d ci 6. 7 41 B 10 � r �1�I IV F�C /t�l. 7 (W�� .�Z� ����� /��d /1�1 5 % -c?,4 ✓J ✓1 . 12 / _ c r 15 =� �.(, �� �T= t�G� b I�h`l�. �fic cc o Qi 16 874 r n 5le 'br. 17,E 18 ' ( 20 �r ' ��`c I iil��lL iC {. ✓,( C s� „i,E.� .., /�, �F z I , 22 23 24 25 j 26 27 28 i 29 30 31 ,• $ � it j P Y T7 � Z r' • µ i f 'b F -4 d • • • f . fi �z-�r'e r_er�� �t t-����� => _ _ _ �.._� ® ���v..��- �s-�sc -� — �.. ������ ® ��c -- - • - �_ - .;.c¢s�_ �o���ic e - �,_`` -,j ;� �' � � ( G JG•°6a'p °e'�.sy.•r���vbv���gaov `� o -rr �' a "`.- � __ _ �� � � � v � ��. �.m e� �°�y_c�: �����Y_v o a __ <:o'r[�L� t 6 � LS6 d � �av tTLTai°� �4L� - 10 P� PCe n� PAY. pILPaC (_ LL �ILVava � t �al� ®4t{�_� ®a9LPeP g�i �'ft0e � �VLTGOaP� �,4tCl 4a[� � � - u�(1rJNr -•e ¢. ieid e,C�E T fib ialp `=�� Cciei9l® 4�t'+�leiu ie /8 Q 9! 6 �r ¢ic /j � Dle is C�� S� y v�io � Q!�� �1 ®i iilQ �"a ®1ele �d @ � aieic B �``� �1 %io iclQ tN a °iii il0 Q��E� �s�k E���4.`�CG i G vv. msm ta ®mm se Far zee r,am Gam sem amm zsa ac.� 4 L ------- -�- -- -" - - - --- ��,��O�p���i;e: �������`�s >_::�l�e��d%-c L± -- 1%`® . '�.� �._. ` ° `�� �...u...� : �_.a, ....- - .�._. °_._ �s _ - _.ac,.- z•.saw �`',; ' �i �• c 6 U 1- t UNITED CITY OF YORKVILLE l ' 111 {�•Er , j � :,o;m_ 1 � • I, lf�EG' °E< NATIONAL DRUNK AND DRUGGED DRIVING (3D) PREVENTION MONTH <�( �G•p�t< DECEMBER 2005 ;Epp WHEREAS motor vehicle crashes killed 1 people in Illinois during 2004• and ��►����'; WHEREAS, 45 percent of those deaths were in alcohol - related crashes; and WHEREAS the December holiday season is traditionally one of the most deadly times of t q� the year for alcohol - impaired driving; and WHEREAS, for thousands of families across the state and the nation, these holidays area sad time to remember loved ones they lost to impaired drivers during previous holiday seasons; and '` a�� a yykk11 WHEREAS, organizations across the state and the nation are joined with the You Drink & Drive, You Lose. campaign which fosters public awareness of the dangers of DUI and law enforcement initiatives; andca�p WHEREAS, the community of the United City of Yorkville is proud to partner with the Illinois Department of Transportation and other traffic safety groups in that effort to make ma�a� our roads and streets safer; and r��p�e «1 �► Qua ��� NOW, THEREFORE, I, Mayor Arthur F. Prochaska, Jr. do hereby proclaim December 2005 as Drunk and Drugged Driving (31)) Prevention Month in the United City of '4�`�'�� �,I�bO Yorkville and do hereby call upon all citizens, government, agencies, business leaders, ,������ @�I hospitals tas an care p roviders , d health id schools p ublic ublic and p rivate institutions to p romote � �i ►Q e "j�� - i ,. v meyj a�� awareness of the impaired driving problem, to supp programs and policies to reduce the �,. pp p g p � ® 1 1��; incidence of impaired driving, and to promote safer and healthier behaviors regarding the use of alcohol and other drugs this December holiday season and through the year. 1 3 <�rcG Fbyl jlrFS��Ei B S I ¢�14 Dated this 13 day of December, 2005, A.D. , o -4 ' ��� «GoBa a l ► - - — ' I vim '�� � p +. -m•��' Arthur F. Prochaska, Jr., M r r II - f / � /� � a [ ve � ca ;I� I f dd P F t F "E�1Crr�I�fttlI�,' . 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City Administrator Tony Graff closed 15 x 15 225 1 Assistant City Administrator Future Position closed 15 x 15 225 I :+VIIII I II A. HR Director Future Position closed 15 x 15 225 1 HR Generalist Future Position closed 12 x 12 144 2 Payroll / Benefits Specialist Denise Kasper closed 15 x 15 225 3 SecretMIVRece otlon ist Future Position _ _ ooen 7x7 49 HR Department Net Square Footage 643 sf Net to Gross Multipler 1.25 HR Department 804 sf Glty Hall Total Square 28,265 sf Approximate Site Area -Rural (Including parking) 5 to 6 acres -Urban (parking off -site) .3 to .5 acres Net to Gross Multiplier Includes circulation, stairs, elevators, mechanical rooms, shafts, ducts, and some storage. t y6r 6VG t^ lip r. t y • l o , eawoe a�uan 1111111111111111 IW lIll 11111111111111111111111111 I 1 1 _ mmanr xwartxr q „ IlyI1,' nix ac Pn- 9aunaf n III II 1IJ II VI. .. ,1 � 1� 1 d ', � � iGlliaH B �4 INi pl!I� IpI o�60 ,�i I rl.i I I I r�l I,i i pp 6` v •"I .nrnear Amp 6 "'61W` "`6AY` �,11 IE k wuanmunw Y P 1 ; � 1 � 1`, _ � �C��i� +. .:�t" N. III p !i� „�.3 R tµ i '' `, I Iu�llll T I „F&• �' ,ij °` 11 q j ll 11 . 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I / I .. � D ll. �I Jl - J - _ J i U U i 5 t _Ile _ •U i • O N - .s 'o 'aanpajivaay sv , N!DISIa NVOdn'l+ i�inioi1IHOdV 1 1 3� , G ur)ld sai i po bdpiun uold uo si unno umO a in ao i Date: December 13, 2005 TO: Mayor & City Council Members FM: Tony Graff 1334 Walsh Drive Yorkville, IL 60560 630 -553 -1838 RE: Proposed Overnight Parking Ordinance - I am unable to attend tonight's city council meeting because of family commitment, however, I have some concerns in regards to the Proposed Overnight Parking Ordinance j as to the process and community benefit to propose another regulation to prohibit the use of a public street. Furthermore, the regulation as proposed has numerous exemptions which normally indicates enforcement conflicts and tells me the solution to the problem is selective. This begs the question on how the process was conducted identifying the problem and offering solutions to the problem addressing the following issues: • fair and equitable application of the law • impact on the our police services the positive and negative • does the solution stand the test of time (I beli6ye the trend for this type of crime prevention began in the 80's before technology kid instant information available in the police vehicles) ! • community benefit the pro's and con's analysis • effect on the quality of life, (no visitors wanted after 1AM unless the Police Department is notified) • public awareness campaign on the problem before recommending enforcement... volunteer compliance has a higher right of success. History demonstrated with the lawn sprinkling ordinance • citizen participation survey ... one public hearing conducted in August where is the follow up and what is the rush to approve the ordinance at this time of the year • the effect on the Kendall County 911 center calling in notification for permission to park on the street after hours • how will conflicts get addressed when a ticket is issued and the property owner called in for permission and; • What Public Safety issue is being resolved on the backs of the citizens with the intrusion into our private lives to have visitors in our homes between 1AM and 5AM is this law really solving any paramount crime issues in today's crime patterns ... are we sacrificing the quality of life of Yorkville. I am proposing to the City Council to continue the discussion on this proposed ordinance to address the above concerns before voting on this matter. Furthermore, my wife Michelle Graff also expressed her opinion to Mayor Arthur Prochaska, Aldermen Paul James and Jason Leslie and contacted Public Safety Chairman Wanda Ohare. Thank you for your time and consideration addressing this matter. I