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City Council Minutes 2005 09-27-05 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. SEPTEMBER 27.2005. Mayor Prochaska called the meeting to order at 7:01 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 Present Also present: City Clerk Milschewski, City Administrator Graff, City Attorney Wyeth, Police Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham and Executive Director of Parks & Recreation Brown. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided- AMENDMENTS TO THE AGENDA None. COMIVIITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, October 3, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, October 20, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, October 6, 2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Monday, October 13, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS Certificate of Recognition to Ian Christian Mayor Prochaska presented Ian Christian from Boy Scout Troop 71 with a Certificate of i Recognition for having become an Eagle Scout. The Mayor noted that only 2% of Boy Scouts ever attain this rank and he congratulated Mr. Christian on his accomplishment. PUBLIC HEARINGS Corneils Crossing Mayor Prochaska entertained a motion to go into public hearing for the purpose of Corneils Crossing, LLC and Standard Bank & Trust Company, as Trustee, UTA dated September 15, 2003, known as Trust No. 17903, 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 15.580 acres on the north side of Corneils Road, one -half mile The Minutes of the Regular Meeting of the Citv Council — Sentember 27.2005 — uage 2 east of Route 47, Bristol Township, Kendall County, Illinois. So moved by Alderman Wolfer; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye - Please see attached Report of Proceedings taken before Nicola Gengler, 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 of the public hearing. So moved by Alderman Spears; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Vacation of Scott Road Mayor Prochaska entertained a motion to go into public hearing for the purpose of the vacation of Scott Road located at the northwest comer of Route 47 and Route 71 So moved by Alderman Ohare; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Please see attached Report of Proceedings taken before Nicola Gengler, 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 of the public hearing. So moved by Alderman Leslie; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye CITIZEN COMMENTS Jim Erickson, 2155 Meadowview, addressed the City Council and encouraged them to approve the Del Webb Annexation and Planned Unit Development Agreement. He stated that he feels that this development will be a good addition to the United City of Yorkville. He commented that the Del Webb development in Huntley, Illinois looks like a vacation resort. CONSENT AGENDA 1. Treasurer's Report for July 2005 2. Resolution 2005 -62 — In Support for Kendall Comity Agricultural Conservation Easement and Farmland Protection Program - authorize the Mayor and City Clerk to execute 3. Resolution 2005 -63 — To Join and Support the Metro West Council of Government — approve payment in an amount not to exceed $3,500. 00 from contractual services budget line item (01- 110 -62 -00 -5401) and authorize the Mayor and City Clerk to execute 4. Approval for part-time employees Bart Olson and Shirley Kubitz to work over 1000 hours per Employee Manual Section 1.4.4 5. Heartland Circle Stormwater Outfall — Bollweg Grant of Easement Agreement - authorize the Mayor and City Clerk to execute 6. Development Agreement and Rezoning for Robert and Debra Dearborn — 201 S. main Street and 204 Hydraulic Avenue - authorize the Mayor and City Clerk to execute a. Ordinance 2005 -76 — Authorizing the Execution of the Agreement - authorize the Mayor and City Clerk to execute 7. 129 Commercial Drive - Sidewalk Agreement — authorize City Administrator to execute 8. Cannonball Run Plaza - Sidewalk Agreement — authorize City Administrator to execute 9. XPAC - Sidewalk Agreement — authorize City Administrator to execute 10. Resolution 2005 -64 State Street watermain — IDOT Highway Permit and Resolution - authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the Citv Council - September 27. 2005 - Va4, 3 11. Cannonball Estates Phase I - Letter of Credit Reduction #5 - authorize reduction in an amount not to exceed $24,178.45 12. Cannonball Estates Phase 11 - Letter of Credit Reduction #4 - authorize reduction in an amount not to exceed $57,824.63 13. Raintree Village Unit 5- Earthwork Line of Credit Reduction # 1- authorize reduction in an amount not to exceed $389,802. 01 14. Schoppe Design Associates, Inc. Agreement for Planning and Design Services for the Jefferson Street Project - authorize City Administrator to execute, subject to partial funding by Intergovernmental Agreement with Kendall County a. Resolution 2005 -65 - Approving Agreement with Schoppe Design Associates, Inc. - authorize the Mayor and City Clerk to execute 15. Engineering Enterprises, Inc. (EEI) Consulting Agreement for Fox Road Regional Stormwater Management Study - authorize the Mayor and City Clerk to execute a. Resolution 2005 -66 - Approving Agreement with Engineering Enterprises, Inc. - authorize the Mayor and City Clerk to execute 16. Results of Sale of Public Works' Vehicles & Equipment - authorize sale of 1998 International Dump Truck in an amount of $32,500. 00 to Valley Paving, authorize sale of 1987 Chevy Pickup Truck in an amount of $569.71 to Fred Davis, authorize the sale of 1989 GMC Pickup in an amount of $758.37 to Fred Davis and authorize the sale of 4" Trash Pump in an amount of $285.76 to Fred Davis 17. Emergency Vehicle Pre - Emption Equipment - approve that the City will fund the installation of this equipment unless it is a new signal that is to be funded by the developer 18. Menard's Commercial Commons - Final Acceptance of Landscaping - accept the landscaping of the public areas and release the Letter of Credit upon receipt of a warranty letter of credit in an amount of $60, 790.80 19. Resolution 2005 -67 - Creating a Policy for Procedure and Authority to Reduce Letter of Credit an Bonds for Construction of Public Improvements - authorize the Mayor and City Clerk to execute 20. F.E. Wheaton Expansion - Plat of Easement - authorize the Mayor and City Clerk to execute - 21. Resolution 2005 -68 - Fox Hill Unit 6 Lot 2 - ]DOT Highway Permit and Resolution - authorize the Mayor and City Clerk to execute 22. Special Census Office Lease - approve rental of office space in the former Castle Bank building from Harold Oliver in an amount not to exceed $3, 000.00 for eight weeks of use, subject to legal review Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Burd, seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye PLANNING COMIVIISSIONMONING BOARD OF APPEAL, Mayor Prochaska reported that he attended the September 14, 2005 Plan Commission meeting where there were four public hearings: • PC 2005 -43 Daniel Laniosz - This is the property located on Route 71 across from the Harris Forest Preserve. The petitioner is looking to annex and rezone. The vote of the Plan Commission was 7 -0 in favor of annexation however there was a vote of 7 -0 to table the vote on the rezoning pending the receipt of more information. • Schramm Property - This item was removed from the agenda. • Pulte - Petitioners are requesting rezoning and this was recommended by the Plan Commission by a 6 -1 vote. • PC 2005 -45 Payne Onishi - This is for the property located at McHugh and Farmstead. The petitioners are requesting annexation and rezoning. This public hearing drew residents concerned with traffic, property line encroachment, etc. The Plan Commission voted 6 ayes and 1 abstain to recommend annexation and 1 aye, 1 abstain and 5 nays to not recommend the rezoning. Other items discussed were: • Eldamam Center for Business - Located on the corner of Route 34 and Eldamain Road. The Plan Commission voted to table this item based on not having enough information. • Corneils Crossing - The Plan Commission voted 7 -0 to recommend acceptance of the preliminary plat. o Swanson Lakes - The Plan Commission voted 7-0 to recommend acceptance of the preliminary plat. The Minutes of the Regular Meeting of the Citv Council — September 27, 2005 — Dage 4 Alderman Spears added that she received telephone calls and emails regarding the property on McHugh Road which expressed concerns about the business's proximity to homes, traffic and lighting, etc. Mayor Prochaska stated that he notified the concern residents that this item will be discussed at the October 4, 2005 Committee of the Whole meeting. Alderman Wolfer noted that residents were also concerned that there was no buffer zone between this commercial zoning and the adjacent residential zoning. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of June 28, 2005 and the Committee of the Whole meeting of September 6, 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 September 16, 2005 totaling the following amounts: checks in the amount of $730,292.04 (vendors); $166,703.13 (payroll period ending 9/3/05); for atotal of $896,995.17 seconded by Alderman Ohare. Alderman Munns stated that he felt that the payment listed on page two, item two was not fully resolved when it was last discussed in executive session and he asked if it should be discussed further in another executive session. Attorney Wyeth recommended that this item not be discussed in open session. Mayor Prochaska stated that what the payment to Executive Director of Parks & Recreation Brown in the amount of $3,766.39 for legal services could be announced in open session because it was on the bill list. He asked if the City Council wanted to leave the payment on the bill list or remove it. Aldermen Wolfer and Ohare stated that this had already been discussed and should remain on the list. A motion was made by Alderman Munns to remove item 2 on page 2 from the Bill List for - further discussion in Executive Session; seconded by Alderman Spears. Alderman Spears stated that she agreed with Alderman Mums that this needed to be discussed further because there wasn't any discussion regarding this bill. Alderman Ohare stated that this was discussed and agreed to months ago. Alderman Mums stated that the amount and particulars of this bill were not discussed however it was agreed to entertain paying a fee. Motion to remove the bill from the list defeated by a roll call vote. Ayes -4 Nays -5 Besco -aye, Burd -aye, James -nay, Leslie -nay, Munns -aye, Ohare -nay, Spears -aye, Wolfer -nay, Prochaska -nay Alderman Spears question why the heading `Bill Payments For Approval" was in bold print on the revised agenda. She asked what had been revised on the list. Mayor Prochaska advised her that nothing has been revised; that is how the heading is normally highlighted on the agenda. . Motion to approve the Bill List approved by a roll call vote. Ayes -5 Nays -4 Besco -nay, Burd -nay, James -aye, Leslie -aye, Munns -nay, Ohare -aye, Spears -nay, Wolfer -aye, Prochaska -aye REPORTS MAYOR'S REPORT Acceptance of the City Administrator Resignation Mayor Prochaska read the September 12, 2005 letter of resignation tendered to him from Administrator Graff. He entertained a motion to accept the City Administrator's resignation. So moved by Alderman Burd; seconded by Alderman Spears. Aldermen Leslie, Ohare and Wolfer thanked Administrator Graff for doing an incredible job and they expressed their wishes for his future. Mayor Prochaska expressed his feelings of regret because Administrator Graff was leaving the City. He stated that it has been a pleasure working with him for the last twelve years and he wished him well. Motion approved by a roll call vote. Ayes -7 Nays -1 Wolfer -aye, Besco -aye, Burd -aye, James -nay, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye The Minutes of the Regular Meeting of the Citv Council — Sevtember 27.2005 — vage 5 Update on City Administrator Search Mayor Prochaska gave an update to the City Council on his search for an interim City Administrator. He stated that he contacted Range Riders for assistance in his search and they have forwarded five names. He stated that he has made contact with four of the individuals and he has three interviews scheduled. He stated that he has been told by City Council members that they know individuals that might be interested in the position. He suggested that anyone interested submit a resume to him by Monday, October 3, 2005. Alderman Spears commented that she thought the City Council gave direction to work with Range Riders. She stated that several people have contacted her regarding the job and she told them that Mayor Prochaska was working exclusively with Range Riders. Mayor Prochaska stated that the City Council's direction did not specify he only work with Range Riders however he has only contacted the individuals that they referred. Aldermen James and Leslie suggested that Mayor Prochaska look at all available options. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Ordinance 2005 -77 Vacation of Scott Road Attorney Wyeth explained that this ordinance is for the vacation of Scott Road from Route 71 to Route 47 as presented in the public hearing earlier in the meeting. He explained that when a road is vacated, the ownership of the road becomes that of the adjoining property on either side. In this case, it is the same owner. There will be no compensation for the vacation and this roadway when vacated will not cut off any existing landowners. Mayor Prochaska entertained a motion to approve an ordinance vacating Scott Road from Route 47 to Route 71 and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman Besco; seconded by Alderman Wolfer. Alderman Besco asked if this affected any utilities and Director of Public Works Dhuse responded it did not. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye Amending the Peter Sahlas Watermain Easement Attorney Wyeth deferred to Director Dhuse on this item. Director Dhuse indicated that the City has been working with Mr. Sahlas to obtain a critical easement needed for the river crossing of for the water main going to Wells 93 and #4. Mayor Prochaska entertained a motion to approve an amendment to the Peter Sahlas Watermain Easement to provide for restoration and compensation consistent with the staff memo as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman Wolfer; seconded by Alderman James. Administrator Graff noted that Mr. Sahlas has signed both the easement Mylar and the agreement. Motion approved by a roll call vote. Ayes -8 Nays-0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Robert's Rules 101 _ Attorney Wyeth went over the updated "Desk Guide" of the Robert's Rules (see attached). He ` noted that he added the definitions for subsidiary motions #2, #5 and 46. He went over the three subsidiary motions (amend, limit or extend debate, previous question) in more detail. He summarized the information he had already presented; handling a motion and descriptions and classifications of motions. He stated that this information will cover 85% to 95% of all the City Council meetings. He stated he would be discussing privileged and incidental motions and motions that can bring a question before the body again at future meetings. Alderman Burd asked if the motion to lay on the table had to be voted on at the meeting in which it was made. Attorney Wyeth stated that Robert's Rule talks about "the session" which for this City Council would be a meeting. He stated that this motion sets the item up for a vote on the side to be picked up later in the meeting. The Minutes of the Regular Meeting of the Citv Council — September 27. 2005 — uage 6 CITY CLERK'S REPORT IDOT Final Audit No. 00- 00023 -00-GB City Clerk Milschewski reported that she received Final Audit No. 00- 00023 -00-GB dated July 8, 2005 from the Illinois Department of Transportation (IDOT) which covers the receipt and disbursement of $625,000.00 General Obligation (Alternate Revenue Source) Bond Funds, Series 2002 for the Fox Industrial Park. Clerk Milschewski requested a motion to accept the IDOT Audit Report No. 56 as presented. So moved by Alderman Burd; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye CITY TREASURER'S REPORT, No report. CITY ADMINISTATOR'S REPORT Administrator Graff gave his last report to the City Council. He gave his regards to the community and stated that it has been an enjoyable experience to work for the United City of Yorkville for the last fourteen years. He noted that he has worked with three mayors, all with different approaches and personalities. He stated that the last four years as City Administrator has been energizing and intriguing. He expressed his gratitude to the community for everything that they have done for his family and him. FINANCE DIRECTOR'S REPORT_ No report. DIRECTOR OF PUBLIC WORKS REPORT Countryside Interceptor Project Update Director Dhuse reported that the Countryside Interceptor Project was scheduled to begin on October 3, 2005. The project will begin at the pond west of the Hatcher Building. This project will tie into the lift station on Route 47. Leaf Pick Up Director Dhuse reported that leaf pick ups were scheduled for October 17 -2 V and November 14 -le. Hydrant Flushing Director Dhuse reported that there would be hydrant flushing October 17` -29�'. Sprinkler Ban Director Dhuse reported that the night sprinkling ban has been lifted. Watering can be done from 9:00 p.m. to 12:00 a.m. on an odd -even schedule. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT, No report. COMMUNITY & LIAISON REPORT Human Resource Commission Alderman Spears reported that at the last Human Resource Commission meeting they were presented with the guidelines for requesting a grant for financial support for Senior Services Associates. She stated that the Commission has some questions and needs more information. Mayor Prochaska suggested that this be placed on the Senior Ad Hoc Committee agenda for further discussion since the grant information originated with them. Kendall County Para-Transit Meeting Alderman Spears reported she attended the Kendall County Para - Transit Meeting on August 31, 2005. She stated there were representatives from Geneva, Naperville, St. Charles, Oswego, etc. as well Kane, Kendall and DuPage Counties present. There were two guest speakers from the "Ride DuPage Program" who described how their program was developed. She noted that it took eight years to develop the program and the main concern was affordability. She stated that this program was jointly funded by Lisle and Naperville Townships along with PACE. She stated that hopefully Kendall County will have something similar in a short period of time. She explained that PACE sells their equipment after five years and the County will be checking into this. Holiday Meals -on- Wheels Alderman Spears reported that the Northeastern Illinois Area on Aging would be hosting an event to raise funds for "Holiday Meals -on- Wheels" so that seniors can receive meals on holidays and The Minutes of the Regular Meeting of the Citv Council — September 27, 2005 — uagg 7 weekends. The event will be held at Drury Lane in Oak Brook on November 6, 2005 at 11:00 a.m. She stated that numerous Chicagoland chefs will be donating their time and food to the event and that she had tickets if anyone was interested. Senior Ad Hoc Alderman Ohare asked when the next Senior Ad Hoc Committee meeting would be held. Mayor Prochaska reported it was planned for October 10, 2005 at 4:00 p.m. Mayor Prochaska noted that he, Attorney Wyeth and director Brown are continuing to work on the agreement with Senior Services Associates. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Final Acceptance of Street Lights in Heartland Circle and Reduction in Letter of Credit A motion was made by Alderman Besco to accept the streetlight improvements for Heartland Circle Subdivision and to authorize the reduction of the letter of credit in an amount not to exceed $5,652.70; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munns -aye, Ohare-aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005 -78 Del Webb Annexation and Planned Unit Development Authorizing the Execution A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement and Planned Unit Development Agreement with MPLIV 10, LLC; MPLIV 20, LLC; and MLH Yorkville, LLC ( "Owners ") and Pulte Home Corporation ( "Developers ") and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -9 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Prochaska -aye Ordinance 2005 -79 Del Webb Annexation and Planned Unit Development Annexation A motion was made by Alderman Munns to approve an ordinance authorizing the GarritanoBrummeI Property, also referred to as "Del Webb" in furtherance of an Annexation and Planned Unit Development Agreement with MPLIV 10, LLC; MPLIV 20, LLC; and MLH Yorkville, LLC ( "Owners') and Pulte Home Corporation ( "Developers ") and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays-0 Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Mums -aye Ordinance 2005 -79 Del Webb Annexation and Planned Unit Development Rezoning A motion was made by Alderman Mums to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement and Planned Unit Development Agreement with MPLIV 10, LLC; MPLIV 20, LLC; and MLH Yorkville, LLC ( "Owners') and Pulte Home Corporation ( "Developers ") and authorize the Mayor and City Clerk to execute all documents upon final legal review, seconded by Alderman Ohare. Alderman Munns commented that the Economic Development Committee was in agreement that this is something out of the ordinary so the comments and concerns about lot size have been put to rest. Alderman Munns stated that this development is good for the United City of Yorkville. Alderman Spears commented that she had many concerns but they were addressed by the developers including removing the SSA and recommending funds go to senior projects. Mayor Prochaska commended the developer for working with the City, School District and all the other entities involved to create an agreement that is advantageous to all. The Minutes of the Regular Meeting of the Citv Council — September 27, 2005 — uag_e 8 Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005 -81 Raintree Village H — SSA Proposing Ordinance A motion was made by Alderman James to approve an ordinance proposing the establishment of Special Service Area number 2004 -107 ( Raintree Village II Project) in the United City of Yorkville and providing for other procedures in connection therewith; seconded by Alderman Wolfer. Alderman Besco asked for clarification on the wording of the motion. Attorney Wyeth stated the wording reflects the title of the ordinance which was prepared by the SSA consul. He explained that there will be a public hearing corning up for the SSA and this is the ordinance to begin the procedure of establishing an SSA. Administrator Graff noted that the City Council already approved the resolution of intent. Mayor Prochaska noted that this ordinance sets the date and requirements for the public hearing for the SSA. Motion approved by a roll call vote. Ayes -6 Nays -2 Wolfer -aye, Besco -nay, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears nay ADDITIONAL BUSINESS Mileage Reimbursement Alderman Munns questioned that the City reimburses mileage at a rate of $.485. Director Pleckham explained that the IRS has increased the rate to $.485 through December 2005. YEDC Annual Meeting Lynn Dubajic, Executive Director of the Yorkville Economic Development Corporation (YEDC), reminded the City Council that the YEDC would be holding their annual meeting on October 16, 2005 at Yorkville High School. She asked that those interested in attending should notify Director Pleckham. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Burd; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 8:23 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING September 27, 2005 PLEASE PRINT NAIVE: ADDRESS: o � 1 1 4� 5 , ftiktL vy� q ci (oCn - �A� -s v` V J ,f r i (M Z-,- ( c UN 2 1 5 S LM 4-- A 1) A SIGNIN CITY COUNCIL MEETING September 27, 2005 PLEASE PRINT 7� , XAO-2� ADDRESS: LZta �rz i i SIGNIN i DESK GUIDE Version Dated 9.27.2005 Parliamentary Procedures (Page Citations are to Robert's Rules of Order, 10'' Edition, Perseus Pub., Oct 2000) HANDLING A MOTION (Sec. 4, Pages 31 — 54) Three steps to bringing a motion: 1. A member makes the motion 2. Another member seconds the motion 3. The chair states the question on the motion Three further steps in consideration of the motion: 4. Members debate the motion 5. The chair puts the question to a vote 6. The chair announces the result of the vote i DESCRIPTIONS AND CLASSIFICATIONS OF MOTIONS (Generally Sec. 6 pgs 59 — 76, Detail found in Sections 10 — 37, Pages 95 -- 324) 1. MAIN MOTION General Description in Section 6 (pg 59), Detailed Description in Section 10 (pgs 95 - 120). I "A main motion is a motion whose introduction brings business before eh assembly. " "A main motion can only be made when no other motion is pending. " Page 59 2. SUBSIDIARY MOTIONS (7) General Description in Section 6 (pgs 60 -64), Detailed Description in Sections 11 - 17 (pgs 121— 210). I 1. Postpone Indefinitely (pg 60, and Section 11, pgs 121 -124) "Motion that the assembly decline to take a position on the main question Its adoption kills the main motion and avoids a direct vote on the question. It is useful in disposing of a badly chosen main motion that cannot be either adopted or expressly rejected without possibly undesirable consequences. " (pg 121) 2. Amend ft 60, and Section 12, pgs 125 -159) "A motion to modify the wording —and within certain limits the meaning —of pending motion before the motion itself is acted upon. " (pg 125) 3. Refer to a Committee (pg 61, and Section 13, pgs 160 -171) I "Motion used to send a pending question to a relatively small group of selected Persons — a committee — so that the question may be carefully investigated and Put into better condition for the assembly to consider" (pg 160) 4. Postpone to a Certain Time (pg 61, and Section 14, pgs 172 -182) "Motion by which action on a pending question can be put off, within limits, to a Definite day, meeting, or hour, or until after a certain event. " (pg 172) 5. Limit or Extend Debate ft 61, and Section 15, pgs 183 -188) " One of two motions (the other being Previous Question) that can exercise special control over debate on a pending question or a series of questions: 1) limit number of speeches, 2) set an ending time." Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7, 4 of 6, 4 of 5) (Pg 183) I 6. Previous Question ft 61, and Section 16 pgs 189 -200) "Motion to immediately close debate to take a vote on one or more pending questions One of two motions (the other being Limit or Extend Debate) that can exercise special control over debate on a pending question or a series of questions" Requires a two- thirds vote [since it cuts off debatel Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7, 4 of 6, 4 of 5) (Pg 189) 7. Lay on the Table (pg 61, and Section 17, pgs 201 -210) "Motion enables the assembly to lay the pending question aside temporarily when Something of immediate urgency has arisen, in such a way that: 1) there is no set time for taking the matter up again, but 2) its consideration can be considered at the will of the majority and in preference to any new questions that may be competing with it for consideration. Brought back by a motion to "Take from the Table." (pg 201) 3. PRIVILEGED MOTIONS (5) General Description in Section 6 (pgs 64 -66), Detailed Description in Sections 18 - 22 (pgs 211 - 239). 4. INCIDENTAL MOTIONS (11) General Description in Section 6 (pgs 66 - 72), Detailed Description in Sections 23 - 33 (pgs 240 - 288). 5. MOTIONS THAT CAN BRING A QUESTION BEFORE THE BODY AGAIN (4) I General Description in Section 6 (pgs 72 -76), Detailed Description in Sections 34 - 37 (pgs 289 - 324). STATE OF ILLINOIS ) SS: COUNTY OF KENDALL ) 1 1 BEFORE THE YORKVILLE CITY COUNCIL PUBLIC HEARING REPORT OF PROCEEDINGS had at the hearing of the above - entitled matter, taken before Nicola Gengler, C.S.R., No. 84 -3780, on September 27, 2005, at the hour of 7:00 p.m., at 800 Game Farm Road, Yorkville, Illinois. a I 1 i t D- 773205 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 Fax 630 - 983 -6013 www.depocourt.com 2 1 PRESENT: 2 MAYOR ARTHUR F. PROCHASKA; 3 MR. ANTON GRAFF, City Administrator; 4 MS. JACKIE MILSCHEWSKI, City Clerk; 5 MR. JOSEPH BESCO, Alderman; 6 MS. VALERIE BURD, Alderwoman; 7 MR. PAUL JAMES, Alderman; 8 MR. JASON LESLIE, Alderman; i 9 MR. MARTY MUNNS, Alderman; 10 MS. WANDA OHARE, Alderwoman; 11 MS. ROSE SPEARS, Alderwoman; 12 MR. DEAN WOLFER, Alderman; I 13 j and 14 WYETH, HEITZ & BROMBEREK 15 300 East Fifth Avenue, Suite 380 Naperville, Illinois 60563 16 BY: MR. JOHN J. WYETH, Appeared on behalf of The United City of 17 Yorkville. 18 19 - - - I 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 1 (Proceedings were had 2 which are not herein 3 transcribed.) 4 MAYOR PROCHASKA: Next on our agenda is 07:01PM 5 our public hearings. I'd entertain a motion to go 6 into public hearing for the purpose of discussing 7 the Corneils Crossing, LLC, and Standard Bank 8 Trust Company as trustee, UTA dated September 15, 9 2003, known as Trust No. 17903, petitioners, 07:02PM 10 request to annex to the United City of Yorkville 11 and rezone from Kendall County A -1 Agricultural to 12 United City of Yorkville R -2 one - family residence 13 district and for hearing as to the annexation j I 14 agreement of petitioner. The real property i 07:02PM 15 consists of approximately 15.580 acres on the 16 north side of Corneils Road, one -half mile east of 17 Route 47, Bristol Township, Kendall County, i 18 Illinois. I 19 ALDERMAN WOLFER: So moved. 07:02PM 20 ALDERWOMAN BURD: Second. 21 MAYOR PROCHASKA: Moved and seconded. 22 May I have roll call, please. 23 MS. MILSCHEWSKI: Besco? 24 ALDERMAN BESCO: Aye. DepoCourt Reporting Service (630) 983 -0030 I 4 1 MS. MILSCHEWSKI: Burd? 2 ALDERWOMAN BURD: Aye. 3 MS. MILSCHEWSKI: James? 4 ALDERMAN JAMES: Aye. 5 MS. MILSCHEWSKI: Leslie? 6 ALDERMAN LESLIE: Aye. 7 MS. MILSCHEWSKI: Munns? 8 ALDERMAN MUNNS: Aye. 9 MS. MILSCHEWSKI: Ohare? i 10 ALDERWOMAN OHARE: Aye. 11 MS. MILSCHEWSKI: Spears? 12 ALDERWOMAN SPEARS: Aye. I 13 MS. MILSCHEWSKI: Wolfer? j 14 ALDERMAN WOLFER: Aye. 07:02PM 15 MAYOR PROCHASKA: Motion is carried. We 16 are now in public hearing. 17 I would ask if the petitioners, a 18 representative of the petitioner would care to I 19 make a presentation. 07:03PM 20 MR. CARRARA: Good evening, my name is 21 Kevin Carrara from the law firm of Rathje and 22 Woodward in Wheaton, Illinois. I am here 23 representing the petitioner's today, Corneils 24 Crossing, LLC. DepoCourt Reporting Service (630) 983 -0030 5 1 As you are aware, we are before you 2 today for annexation on the 15 acres or 3 approximately 15 acres that is within your package 4 we have for you today. It is just the first 07:03PM 5 demonstrative exhibit which we have marked as 6 Exhibit 1. It is just the aerial zoning 7 surrounding the property. 8 As you can see, our property is 9 located here in the center of this parcel. I will ! 10 turn it so you can get a little better view of I 11 that. I am sure all of you are aware of what is 12 happening in the area, but I will go ahead and 13 recap it for you just as kind of an overview. 14 To the north of our property is the 07:03PM 15 Centex Bristol Bay Development. Immediately north 16 to our property is part of the Regional Detention I 17 Facility. The reason I mentioned the Regional 18 Detention Facility is one of the aspects that is 19 important for our development because our 07 :03PM 20 development is going to be dealing with all our 21 storm water drainage issues by buying into the 22 regional detention system. 23 MAYOR PROCHASKA: You really do need to 24 turn that so the public can see it. DepoCourt Reporting Service (630) 983 -0030 6 1 MR. CARRARA: I am sorry. I will try to 2 back it up here so everybody can see it as much as 3 possible. 4 To the east of our development d 07:04PM 5 currently is just farm land, and farther to the 6 east is what has been classified as future 7 residential development. To the west, we have a i 8 commercial pod which surrounds -- which is right I 9 near Route 47; and then just to the west of that, j i 07:04PM 10 we have got a little additional commercial as well 11 as the Westbury Village which is another 12 residential development. Our zoning that we will 13 be asking for as part of the annexation is 14 consistent with the zoning in the area. I 07:04PM 15 To break down just for again 16 demonstrative purposes, I will show you what has 17 been marked Exhibit 2 which is our preliminary 18 plat. This preliminary plat is what we did show I 19 to the Plan Commission, and we did receive 07:05PM 20 approval on it the last meeting. 21 As part of the initial approval for 22 the annexation agreement, the Plan Commission did 23 pass us with a number of conditions. I believe 24 there were six of them. We have satisfied all of DepoCourt Reporting Service (630) 983 -0030 7 1 the conditions that were made a part of the Plan 2 Commission's recommendations, and they have been 3 incorporated in the preliminary plat as well as 4 some of them have been incorporated in p the initial I 07:05PM 5 draft annexation agreement. Obviously we need to 6 go back and touch those things up with John's 7 office just to make sure all those issues are 8 fully covered in the annexation agreement. 9 A few of the conditions that were e 07:05PM 10 mentioned that we have made a part of the 11 agreement -- we are going to make a part of the 12 plat as well as the part of the annexation I 13 agreement. You will see down off of Corneils Road I 14 as frontage road runs east and west this way. 07:05PM 15 Then we will have our entrance to this development 16 here. 17 In our discussion with staff as well 18 as during the public hearing process, there was 19 some concern from the neighbors to the south in 07:06PM 20 the unincorporated area as to what this first lot 21 was going to represent. Their suggestion was they F 22 wanted a 50 -foot setback off of Corneils Road as 4� 23 well as they wanted the house front to face 24 Corneils Road to stay in character with the DepoCourt Reporting Service (630) 983 -0030 8 1 surrounding areas, and we have made a part of that 2 on our plat as well as in the annexation agreement 3 designating that lot to have those restrictions. 4 As we go into the north as you 07:06PM 5 remember initially I said, this portion right up 6 here which is this part of the regional detention 7 system. As part of our discussions with staff as 8 well as the Parks Department, we determined at 9 this point not to put in a sidewalk in that area. 07:06PM 10 We are going to obviously donate the necessary E I 11 money that would go for that sidewalk; but because 12 we are unsure as to how this entry point may be i 13 with the regional detention -- I believe there is 14 going to be a pathway system there -- we I 07:07PM 15 determined instead of putting the sidewalk in that 16 may not lead to where the City would like it to 17 lead, we determined that we will just leave it I 18 there and allow the City to have that flexibility. 19 There were some additional issues i, 07:07PM 20 that we addressed concerning the property along 21 this area. What we have done is -- you really 22 don't see it on this plan, but this has all been i 23 dedicated full way right of way should the Village 24 ever need to consider future developments to the DepoCourt Reporting Service (630) 983 -0030 i 9 1 west here and eliminate access off of Corneils 2 Road, there is that option available to the City 3 at that point. 4 That really concludes my I 07:07PM 5 presentation, and I will be more than happy to 6 answer any questions that anybody has this 7 evening. 8 MAYOR PROCHASKA: At this time, I'd like 9 to open the floor to anyone that would like to i 07:07PM 10 give comment, cross - examine the petitioner or make 11 a statement to the City Council. 12 Please come forward and state your 13 name and address if you would, please. 14 MS. GOZNER: My name is Mary Gozner, and 07:08PM 15 I am at 9596 Corneils Road directly across from 16 where -- is this a roadway? This is a roadway out 17 to Corneils? j 18 MR. CARRARA: Yes. I 19 MS. GOZNER: I just think that it was 07:08PM 20 interesting when he explained what was happening 21 in the area, he kind of left us out because the 22 residents of Corneils Road -- if you have ever I� 23 driven down Corneils Road, it is gorgeous, and r 24 none of us are on less than one acre, and I am I DepoCourt Reporting Service (630) 983 -0030 10 1 sorry I am a little nervous. I am a little 2 passionate about this. 3 We are all on an acre or more. d 4 Okay? I think you have a perfect opportunity to 07:08PM 5 take a small piece of parcel, 15 acres, and do 6 something really unique with it instead of what I 7 read in the paper every day, rooftop, rooftop, 8 rooftop, rooftop. 9 Do something like what is around the �I 07:09PM 10 golf course. I don't know even what it is called 11 because I am nervous, Oak Creek, or the other -- a 12 take your 15 acres and make it look like ours. I w 13 Why do you have to make it look like the rest of 14 everything that is coming in to Yorkville? Make 07:09PM 15 it look like what you already have which he forgot 16 to allude to is that the houses on the south side, 17 our homes, are very nice houses I believe; and we I 18 are all on over an acre piece of property. I 19 Again, you have got a perfect 07:09PM 20 opportunity here to say, hey, that first one is 21 close to an acre. Let's get the rest of them 22 close to an acre and have one way out on Corneils 23 Road; and if any of you have driven down Corneils 24 Road, it is a winding road. It is not meant for a DepoCourt Reporting Service (630) 983 -0030 11 1 lot of traffic, and I hope it stays that way. 2 Again, I think you are falling into 3 the same old rooftop, rooftop, rooftop thing where 4 you need to take a look at something unique that 07:IOPM 5 can be done with this property that you don't have 6 to stick 32 houses on 15 acres and consider us and 7 what is already there not what is to come. Thank 8 you. ; 9 MAYOR PROCHASKA: Thank you. 07:10PM 10 MS. MUNSON: Hi, Mary Lou Munson, 11 9638 Corneils Road. I also live across. He did 12 address the issues that they wanted him to do from I 13 the zoning. j 14 I just have a question. They had 07:10PM 15 mentioned about a traffic survey to see that if 16 that road could handle potential traffic that 17 might come from people coming in and going down 18 that road other than the people that are going to 19 live there. Was there a traffic survey done? 07:11PM 20 MAYOR PROCHASKA: There -- as part of 21 the deal, that is usually what is required. 22 MS. MUNSON: That is what they said. I 23 MAYOR PROCHASKA: Tony, do we know -- 24 MR. GRAFF: No, this one didn't DepoCourt Reporting Service (630) 983 -0030 12 1 require -- with minimum lots that are in here, it 2 is not required per our ordinance. That is 3 something we can look at. 4 MAYOR PROCHASKA: Because there is only 07:11PM 5 32 lots? 6 MR. GRAFF: Well, it will be 32 units at 7 15 acres. It is not required by our ordinance to 8 have a traffic survey on that. 9 Due to the impact of the other 07:11PM 10 property, we don't have the other property in the 11 City; and what is connected there to the 12 commercial property in regards to the impact, that I 13 is just for release and not for pass through 14 coming down to Corneils. 07:11PM 15 MS. MUNSON: So like right here where 16 there is going to be like 90,000 rooftops, they I 17 aren't going to be able to come down here and out I 18 this little road? i 19 MR. GRAFF: Right to the north of there. 07:11PM 20 MAYOR PROCHASKA: If you have seen the 21 plan, it is all an open green space. There is a 22 lake and a park there. There is no houses. 23 MS. MUNSON: No. So that road goes to 24 green space then? DepoCourt Reporting Service (630) 983 -0030 13 1 MR. GRAFF: No. That road goes to the 2 adjoining property. It is not part of the green 3 space plan. It is owned by another parcel of �I 4 37 acres. 07:12PM 5 MS. MUNSON: Right. I get that part. M 6 MR. GRAFF: And that could be developed 7 with single family if he wishes to. I 8 MS. MUNSON: That is what I am saying, 9 what if? 10 MR. GRAFF: That is 37 acres -- 11 MS. MUNSON: Do we just address that at 12 that point? 13 MR. GRAFF: If I can finish, 37 acres we 14 are addressing that, that is something that 07:12PM 15 adjoins to that, to this one. 37 acres under our 16 comp plan would be somewhere in the range of about 17 60 homes, and we know there is water issues there. 18 So I don't know if 60 homes would be able to be 19 fit on this. 07:12PM 20 So you are looking at -- this 21 15 acres of the 37 acres that is there, you are 22 looking at possibly somewhere around 65 to 70 23 homes that will come off that road. 24 MS. MUNSON: Yes, I am not sure our road DepoCourt Reporting Service (630) 983 -0030 14 1 can handle that. 2 MR. GRAFF: That is about 680 cars a day 3 coming in to that road. s 4 MS. MUNSON: Yes. It is a tiny little 5 country road. 6 MR. GRAFF: Corneils Road will be 7 improved. We have road fees that come in along 8 with our county road fees. So your road will be 9 improved with the road fees to handle the traffic 10 impact. 11 MS. MUNSON: Improved, that is a word 12 that I don't know we all agree on. I 13 Okay. Thank you for your time. j 14 MAYOR PROCHASKA: Anyone else? 15 (No response.) 16 MAYOR PROCHASKA: Is there any comments 17 from the Council? 18 ALDERWOMAN OHARE: I have got to go page V 19 by page. j 07:13PM 20 MAYOR PROCHASKA: Okay. 21 ALDERWOMAN OHARE: And page numbers. 22 The first one being on Page 4 that we.just do a 23 temporary detention. Is that until the wetlands 24 area gets done? I DepoCourt Reporting Service (630) 983 -0030 15 1 MR. CARRARA: Well, we have been talking 2 with staff on that in terms of the temporary 3 detention issues. In case that the detention area 4 cannot receive it as of this point, what we are 07:13PM 5 proposing is we do up in this area because the 6 development obviously would go from the road in. j 7 So up in this area, we would use the 8 temporary detention if we could satisfy the 9 necessary overland flow issues to take care of the 07:13PM 10 watershed this way. That is what we are proposing 11 to do if this is not available for us at that 12 point. 13 ALDERWOMAN OHARE: Is that a problem? 14 MR. GRAFF: Generally, Wanda, it was 07:14PM 15 recommended by IE while we are working through 16 this wetland design and the 60 to 70 -acre lake 17 there, that until we get that lake carved out, 18 that we allow them to do some temporary detention 19 on the north end where they could not develop 07 :14PM 20 their lot at this point; but if necessary, that 21 temporary could turn into permanent if there 22 happens to be a need for it. We know there is I 23 enough volume to be able to handle this. 24 ALDERWOMAN OHARE: Page 5, Letter F, DepoCourt Reporting Service (630) 983 -0030 16 1 that doesn't even attempt to describe or say 2 anything about the lot sizes or lot width or 3 anything. Do we -- is it just -- do we have any 4 numbers? 07:14PM 5 MR. CARRARA: Those will be -- if I can i 6 answer that, those will be attached as an exhibit. I 7 The plat will be attached as an exhibit. I am not I 8 sure if you do have the full copy of the plat from 9 the preliminary plat approval. We are still 07:15PM 10 trying to catch it up with the annexation. Those 11 lot sizes and all those issues are detailed on the 12 plat to restrict the lot sizes and identify the I 13 lot dimensions and all of those. j 14 ALDERWOMAN OHARE: Page 15, 7, that 07:15PM 15 first line the word city is left off. I don't 16 know if you want to know that part. It starts out i 17 the blank degrees to allow. I 18 MR. CARRARA: Thank you. I 19 ALDERWOMAN OHARE: Then on Page 9 at the I 07:15PM 20 top. 21 MR. CARRARA: I am sorry? j i 22 ALDERWOMAN OHARE: Page 9 at the top. 23 MR. CARRARA: Page 9? i 24 ALDERWOMAN OHARE: Yes. Where it says DepoCourt Reporting Service (630) 983 -0030 17 1 the City agrees to may assist. It sounds like I 2 am being picky, but this is what we are going to 3 look at. It says we will do that. 4 ALDERWOMAN SPEARS: Excuse me, Wanda, i 07:16PM 5 what page? 6 ALDERWOMAN OHARE: I am sorry, Page 17. 7 MR. CARRARA: There was a page numbering 8 issue in the draft, and we have tried to correct 9 those as we go forward. I am sorry. Page 17? t 07:16PM 10 ALDERWOMAN OHARE: At the top, the City c I 11 agrees to assist the owner. 12 MR. CARRARA: Yes. 13 ALDERWOMAN OHARE: Don't we always say j I 14 we may. 07:16PM 15 MR. CARRARA: I believe we are currently 16 working with the City to capture those easements I 17 that are necessary along Corneils Road. Part of 18 that is the City has to be the approving person i 19 behind those easements. We can't just get them 07:16PM 20 and then force them upon the City. 21 ALDERWOMAN OHARE: Okay. There was one 22 other major one -- we have already addressed that. 23 Page 26, we are not a park district. 24 MR. CARRARA: I know that. Again, it DepoCourt Reporting Service (630) 983 -0030 18 1 was the Parks Department, and again there is some 2 minor errors in the draft. We apologize. 3 ALDERWOMAN OHARE: Okay. Just one more 4 grammar, the last Page 30, first line at the top. i 07:17PM 5 I was going to look up that word. Is that the 6 correct spelling of that word? 7 MR. CARRARA: I am sorry? Page 30? 8 ALDERWOMAN OHARE: At the top, I believe 9 I have questioned that one before. That was it. I 07:17PM 10 MAYOR PROCHASKA: Anyone else? � 11 (No response.) 12 MAYOR PROCHASKA: I just want to make I 13 sure that we do have -- before this comes before j 14 the Council, we have all the dollar amounts in 07:17PM 15 here correctly so that there is no question as to 16 the fees that are required for all of the groups; 17 and I know we generally will attach a fee schedule 18 to this. 19 So at this time, it is not as part 07:17PM 20 of this public hearing; but before this is passed, 21 I just want to make sure that that is done 22 correctly. We have all the correct fees. 23 Anyone else? 24 (No response.) DepoCourt Reporting Service (630) 983 -0030 19 1 MAYOR PROCHASKA: Hearing no further 2 discussion, I will entertain a motion to close 3 this public hearing. 4 ALDERWOMAN SPEARS: So moved. i 07:18PM 5 ALDERWOMAN BURD: Second. hh i 6 MAYOR PROCHASKA: Moved and seconded. 7 May I have roll call, please. 8 MS. MILSCHEWSKI: Burd? 9 ALDERWOMAN BURD: Aye. i 10 MS. MILSCHEWSKI: James? 11 ALDERMAN JAMES: Aye. 12 MS. MILSCHEWSKI: Leslie? I 13 ALDERMAN LESLIE: Aye. j I 14 MS. MILSCHEWSKI: Munns? i 15 ALDERMAN MUNNS: Aye. 16 MS. MILSCHEWSKI: Ohare? I s 17 ALDERWOMAN OHARE: Aye. 18 MS. MILSCHEWSKI: Spears? y 19 ALDERWOMAN SPEARS: Aye. 20 MS. MILSCHEWSKI: Wolfer? 21 ALDERMAN WOLFER: Aye. 22 MS. MILSCHEWSKI: Besco? 23 ALDERMAN BESCO: Aye. 24 MAYOR PROCHASKA: Motion is carried. DepoCourt Reporting Service (630) 983 -0030 20 1 For those in the audience, this is 2 not on the agenda to vote on tonight. So there 3 will not be a vote taken. 4 Next on the agenda is a public 07:18PM 5 hearing to discuss the vacation. I would 6 entertain a motion to go into public hearing to 7 discuss the vacation of Scott Road located at the 8 northwest corner of Route 47 and Route 71. I 9 ALDERWOMAN BURD: So moved. 07:18PM 10 ALDERMAN JAMES: Second. 11 MAYOR PROCHASKA: Moved and seconded. 12 May I have a roll call, please. 13 MS. MILSCHEWSKI: Burd? 14 ALDERWOMAN BURD: Aye. 15 MS. MILSCHEWSKI: James? 16 ALDERMAN JAMES: Aye. 17 MS. MILSCHEWSKI: Leslie? I 18 ALDERMAN LESLIE: Aye. 19 MS. MILSCHEWSKI: Munns? 20 ALDERMAN MUNNS: Aye. 21 MS. MILSCHEWSKI: Ohare? 22 ALDERWOMAN OHARE: Aye. 23 MS. MILSCHEWSKI: Spears? 24 ALDERWOMAN SPEARS: Aye. DepoCourt Reporting Service (630) 983 -0030 I 21 1 MS. MILSCHEWSKI: Wolfer? 2 ALDERMAN WOLFER: Aye. 3 MS. MILSCHEWSKI: Besco? 4 ALDERMAN BESCO: Aye. 07:19PM 5 MAYOR PROCHASKA: Motion is carried. We V 6 are now in public hearing. 7 MR. DAVIDSON: Thank you, Mr. Mayor. My 8 name is Gary Davidson, and I represent Crest Lake I 9 Holdings. Some of you may know me. I am from W 10 Yorkville. i 11 What we are here tonight for is the 12 vacation of Scott Road. What we are dealing with i i 13 is a roadway that essentially ran behind the old 14 Silica Sand building that you have recently saw j I 07:19PM 15 got torn down on the corner of 47 and 71. That 16 road was dedicated in an old plat that was 17 recorded decades ago. The road was never really 18 utilized. r 19 Obviously it is a little bit hard to I 07:19PM 20 see on this particular diagram, but that road runs i 21 at a very severe angle and kind of cuts that 22 corner of Route 47 and 71 off and really served no 23 purpose, and obviously from a standpoint of a 24 public safety standpoint is a serious issue. It DepoCourt Reporting Service (630) 983 -0030 22 1 also obviously prevents having commercial and 2 retail development on this corner. 3 We are very pleased to inform the 4 Council that we are going to have a major national 07:20PM 5 retailer go in on the corner of 47 and 71 as well 6 as a financial institution and some high quality 7 strip centers and some restaurants hopefully along 8 this area. 9 Our contract that Crest Lake I 07 :20PM 10 Holdings has with the national retailer provides 11 that the vacation of Scott Road is a condition of 12 precedent to us closing, and we have been working I 13 with the City administrator and working with Lynn 14 from the Yorkville Economic Development Commission 07:21PM 15 as well as a lot of City staff, and unfortunately 16 our closing is scheduled for the 29th of this 17 month because this national retailer wants to get 18 moving coming this spring and start breaking 19 ground and working with IDOT on this improvement 1 07:21PM 20 of 47 and 71 corner. 21 Because of that, we are asking the 22 Council forego its normal course where they would I 23 continue the decision on that to the next 24 scheduled board meeting, and we would ask that the DepoCourt Reporting Service (630) 983 -0030 i 23 1 Council vote on the vacation of Scott Road 2 tonight. 3 This is really more or less a 4 housekeeping issue; and like I said, it is 07:21PM 5 something that appears on the plat. So we as 6 lawyers have to go through and make sure we clear 7 that up so that we can actually develop what we 8 want, and we are excited about bringing in those 9 tax dollars to the City of Yorkville. i 07:22PM 10 I know the folks who live on this I 11 side of down are excited about having a place to 12 go and shop. If anybody has any questions, I I 13 would be glad to answer them. I know Ms. Dubajic i 14 wanted to make a few comments as well. 07:22PM 15 MAYOR PROCHASKA: At this time, I'd open 16 the floor to anyone that would like to make 17 comments or ask questions. 18 MS. DUBAJIC: Lynn Dubajic, Yorkville 19 Economic Development Corporation. I just wanted 07:22PM 20 to let the Council know that I have been working 21 diligently both with this national retailer and 22 with a series of other retailers that are very 23 interested in this corner. 24 The request for the vote tonight is DepoCourt Reporting Service (630) 983 -0030 24 1 important. Unfortunately sometimes when you are 2 working with corporations, there are certain time 3 tables that have to be met; and in this case, 4 there is a certain process that has to take place 07:23PM 5 with certain committees. 6 So the vacation of Scott Road is 7 necessary for the national retailer to meet 8 certain deadlines that they have. They are very 9 eager to come to Yorkville. They will create i 1 07:23PM 10 about 20 -- just at the corner, that facility will j 11 create 25 to 30 new jobs. It will actually act as 12 an anchor to that entire corner, that entire i I 13 northwest quadrant of 47 and 71; and I think I 14 everyone here and especially the residents of the 07:23PM 15 south side of Yorkville will be very pleased to 16 have this project come to fruition in the very I 17 near future. 18 MAYOR PROCHASKA: Is there anyone else 19 that would like to comment to the City Council? 20 (No response.) 21 MAYOR PROCHASKA: Does the City Council 22 have any comments or questions? I 23 ALDERMAN MUNNS: Yes, your Honor. 24 Lynn, maybe you can answer. Is this DepoCourt Reporting Service (630) 983 -0030 i 25 1 all commercial you are saying here? There is no 2 residents? 3 MR. DAVIDSON: There is no residential. I i 4 This is actually the remaining piece to the 07:24PM 5 Sunflower Estates parcel that got developed, what, ' . I 6 ten years ago; and so this is obviously the 7 commercial portion. So it is strictly commercial 8 and retail. 9 ALDERMAN MUNNS: How far does it extend i 07:24PM 10 to the north there? 11 MR. DAVIDSON: Here's your landscaping. 12 ALDERMAN MUNNS: Landscaping from there I 13 down. 14 MAYOR PROCHASKA: Valerie? 07:24PM 15 ALDERWOMAN BURD: I was just wondering, 16 there isn't any way that this road that you want 17 to vacate could be used as a frontage road, is 18 there? Because we have been talking about trying i 19 to develop frontage roads that would parallel 47 i 07:24PM 20 and try to alleviate some of the traffic problems. I 21 MR. DAVIDSON: With the angle of it -- 22 you know, our engineer would be a better person to I 23 answer that question, but the reality is with the 24 angle of that, you know, that is not going to DepoCourt Reporting Service (630) 983 -0030 26 1 serve any purpose for you to have useful retail 2 commercial space because of the depth of this lot. 3 You just can't have that and also 4 have your retail commercial there because of 07:25PM 5 parking requirements, et cetera. 6 ALDERWOMAN OHARE: My question is: On 7 the corner, will that area stay like an open green i 8 space with landscaping and looking very nice? You i 9 are not -- according to your drawing, the building i 07:25PM 10 is not moving closer to the corner. 11 MAYOR PROCHASKA: I think that is partly i 12 part of the state's right of way. Isn't that i 13 where the projected state's right of way is? I 14 MR. HUINKER: The corner is planned -- 07:25PM 15 ALDERWOMAN OHARE: The corner will be 16 all green? 17 MAYOR PROCHASKA: Could you please state 18 your name for the record. 19 MR. HUINKER: Peter Huinker, Smith 07:25PM 20 Engineering. The state is actually planned for 21 the future in case there is any additional lanes 22 needed at this intersection, they did request some 23 additional right of way in this area. 24 It is set back temporarily. We may DepoCourt Reporting Service (630) 983 -0030 27 1 have some more green space in the future. That 2 would be for the turn lanes. 3 ALDERWOMAN OHARE: No building is 4 planned to move closer in at all? Just what it 07:26PM 5 shows? I just want to make sure. 6 MR. HUINKER: Each individual plan would f 7 be proposed based off of the zoning ordinance. 8 This is just -- 9 MAYOR PROCHASKA: I think what she is g' 07:26PM 10 saying is there is nothing to get closer to the f 9 11 corner because of the way the easement -- the 12 property line there is cut. You can't go -- like i 13 the building that used to be there, you could not j i 14 locate there. 15 MR. HUINKER: Correct. 16 ALDERWOMAN OHARE: Okay. Thank you. 17 ALDERMAN JAMES: This road is just their 18 theory. It is on a plat, but it is not paved. 19 There is no street sign, and it is just really 07:26PM 20 just a dirt road that was part of that parking lot I 21 going into Silica Sand? 22 MR. DAVIDSON: That's correct. I mean, i 23 I grew up out in this area. I certainly never 24 knew this was a road. I'd be surprised if any of DepoCourt Reporting Service (630) 983 -0030 28 1 us in this room actually knew it was a road. 2 ALDERWOMAN OHARE: You could cut through 3 it at the corner. 4 MR. DAVIDSON: I always thought it was i 07:27PM 5 part of Silica. i 6 ALDERMAN LESLIE: I had a question in 7 terms of ingress and egress, how many right -in and 8 right -out? Do you have shared access parking? I 9 don't know what the green dots represent, but I 07:27PM 10 was wondering if that entire strip line will have ! 11 shared access parking. 12 MR. CARRARA: Yes. There is a proposed 13 reciprocal easement agreement on the property, and 14 there is going to be shared access to all of these 07:27PM 15 parcels from -- there is -- we are paying for a 16 stoplight at this intersection up here and going 17 to improve that. You have got looks like a total 18 of three ingress and egresses off of 47. 19 ALDERMAN LESLIE: Are they right -in and 07:27PM 20 right -out? 21 MR. HUINKER: There is two right -in 22 right -out -- 23 MR. CARRARA: Yes, two right -in 24 right -out. DepoCourt Reporting Service (630) 983 -0030 29 1 MR. HUINKER: -- in the center and there 2 is a full. 3 MR. CARRARA: Yes and this is the 4 stoplight actually. 07:28PM 5 ALDERWOMAN SPEARS: What is the distance 6 between your building and Route 47? 7 MR. CARRARA: I believe it is going to 8 be around 200 -- 9 MR. TOMICH: Good evening, my name is I 07:28PM 10 Dean Tomich. I am a principal in Crest Lake I 11 Holdings. 12 I'd like to address the first point, 13 the question on,the access that you had as far as I 14 the frontage road. Where Scott Road right now 07:28PM 15 dumps out to Route 47, our proposed full access I 16 intersection is very close to it. Right now the i 17 intersection design studies are being done. 18 Traffic impact studies are being done. Then these 19 access points will be submitted for approval. i 07:28PM 20 There is a per se frontage road that 21 will make all of these parcels together. Okay? 22 The traffic will stay up front. It will have easy 23 access into all of the separate parcels. We have 24 designed a right -in right -out on the north portion DepoCourt Reporting Service (630) 983 -0030 30 1 of the property as well as one on the south end. 2 The depiction of this retail center 3 here is not completely accurate, and I just want 4 4 to say we are not really prepared to point �I 07:29PM 5 specific the development. The engineering will 1 6 follow as the standard process will, but we can t 7 preliminarily answer some questions to you. About 8 250 feet from Route 47 is what is depicted now. 9 I can tell you that on this I 07 :29PM 10 Parcel 3, this retail center will make a slight 11 bend; and it will be plus or minus 180 feet from 12 Route 47. Okay? i i 13 I think that is all that I really i 14 can add, and I just want to say that we are not -- I 07:30PM 15 please don't feel that we are in tonight rushing, 16 trying to get this thing done and approved. It is I 17 strictly a Scott vacation roadway. It is not 18 being used now. We would like to accommodate the I 19 retailer on the end. It is critical that they 07:30PM 20 anchor the project, and we will be in for the I 21 normal process to follow. 22 MAYOR PROCHASKA: Okay. I would just I� 23 like to remind Council that is the question before 24 us. It is just the vacation of the road, not the DepoCourt Reporting Service (630) 983 -0030 31 1 approval of any plan. 2 MR. TOMICH: Correct. 3 MR. CARRARA: And we want to give the 4 Board a real good picture of what we are doing so 07:30PM 5 that you understand why we are asking to vacate 6 the road. So we want to make sure we brought in 7 the site plan and give you the full story. I 8 MAYOR PROCHASKA: Okay. Is there any 9 other questions or discussion? 10 (No response.) k 11 MAYOR PROCHASKA: Hearing none, I'd 12 entertain a motion to close this public hearing. I 13 ALDERMAN LESLIE: So moved. 14 ALDERMAN WOLFER: Second. 07:31PM 15 ALDERWOMAN SPEARS: Second. 16 MAYOR PROCHASKA: Moved and seconded. i 17 Roll call, please. 18 MS. MILSCHEWSKI: James? I 19 ALDERMAN JAMES: Aye. I 20 MS. MILSCHEWSKI: Leslie? i 21 ALDERMAN LESLIE: Aye. 22 MS. MILSCHEWSKI: Munns? I 23 ALDERMAN MUNNS: Aye. 24 MS. MILSCHEWSKI: Ohare? DepoCourt Reporting Service (630) 983 -0030 32 1 ALDERWOMAN OHARE: Aye. 2 MS. MILSCHEWSKI: Spears? 3 ALDERWOMAN SPEARS: Aye. 4 MS. MILSCHEWSKI: Wolfer? j 5 ALDERMAN WOLFER: Aye. y 6 MS. MILSCHEWSKI: Besco? 7 ALDERMAN BESCO: Aye. I 8 MS. MILSCHEWSKI: Burd? 9 ALDERWOMAN BURD: Aye. 9 07:31PM 10 MAYOR PROCHASKA: Motion is carried, and 11 that ends the public hearings for this evening. 12 (Proceedings were then had 13 which are not herein 14 transcribed.) i 15 16 17 18 19 i 20 21 i 22 f 23 24 De oCourt Reporting Service (630) 983 -0030 P P g 33 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF KENDALL ) 3 I, Nicola Gengler,C.S.R. 4 No. 84- 003780, do hereby certify that I reported 5 in shorthand the proceedings of the above - entitled i 6 cause and that the foregoing Report of 7 Proceedings, Pages 1 through 32, inclusive, is a 8 true, correct, and complete transcript of my 9 shorthand notes so taken at the time and place i i 10 aforesaid. j 11 In testimony whereof, I have 12 hereunto set my hand this 5th day of October, 13 2005. i 14 15 16 Nicola Gengler, C.S.R. i 17 18 19 20 21 22 I 23 24 DepoCourt Reporting Service (630) 983 -0030 1 1 6 10:12, 11:6, 12:7, 4:10, 4:12, 14:18, assist [2) - 17:1, 2:14 13:4.13:10, 14:21, 15:13, 17:11 brought [1) - 1 [2] - 5:6, 33:7 60 [3] - 13:17 13:13, 13:15, 15:24, 16:14, attach [1] - 31:6 15 [9] - 3:8, 5:2, 13:18, 15:16 13:21 16:19, 16:22, 18:17 building [5) - 5:3, 10:5, 10:12, 60563 [1] - 2:15 act [1] - 24:11 16:24, 17:4,17:6, attached [2] - 21:14, 26:9, 27:3, 11:6, 12:7, 13:21, 65 [1] - 13:22 add [1] - 30:14 17:10, 17:13 16:6, 16:7 27:13, 29:6 16:14 680 [1) - 14:2 additional [4) - 17:21, 18:3, 18:8, attempt [1] - Burd[13) - 2:6, 15.580 [1) - 3:15 6:10, 8:19, 26:21, 19:4, 19:5,19:9, 16:1 3:20, 4:1, 4:2, 17 [2] - 17:6 7 26:23 19:17, 19:19, audience [1) - 19:5,19:8, 19:9, 17:9 address [4) - 20:9 20:14, 20:1 20:9, 20:13, 17903 [1) - 3:9 7 [1] - 16:14 9:13, 11:12, 20:22, 20:24, available [2] - 20:14, 25:15, 180 [1] - 30:11 70 [1] - 13:22 13:11, 29:12 25:15, 26:6, 9:2, 15:11 32:8, 32:9 70 -acre [1] - addressed [2) - 26:15, 27:3, Avenue[1) - buying [1) - 5:21 2 15:16 8:20, 17:22 27:16, 28:2, 29:5, 2:15 71 [6] - 20:8, addressing [1] - 31:15, 32:1, 32:3, aware [2] - 5:1, C 2 [1) - 6:17 21:15, 21:22, 13:14 32:9 5:11 20 [1) - 24:10 22:5, 22:20, adjoining [1] - alleviate [1] - Aye [321 - 3:24, cannot [1] - 15:4 200 p] - 29:8 24:13 13:2 25:20 4:2, 4:4 4:6, 4:8, capture [1] - 2003 [1) - 3:9 7:00111- 1:15 adjoins [1) - allow [3] - 8:18, 4:10, 4:12, 4:14, 17:16 2005 [2] - 1:15, 13:15 15:18, 16:17 19:9, 19:11, care [2) - 4:18, 33 Administrator allude [t] - 19:13, 19:15, 15:9 25 [1] - 24:11 $ [ 1] - 2:3 10:16 19:17, 19:19, Carrara[19] - 250 [1] - 30:8 800 [1] - 1:16 administrator amounts [1] - 19:21, 19:23, 4:20, 4:21, 6:1, j 26 [1] - 17:23 84- 003780 [1] - [1] - 22:13 18:14 20:14, 20:16, 9:18,15:1, 16:5, 27 [t] - 1:15 33:4 aerial [1] - 5:6 anchor [2] - 20:18, 20:20, 16:18 16:21, 29th [1] - 22:16 84 -3780 [1] - aforesaid [1] - 24:12, 30:20 20:22, 20:24 16:23, 17:7, 1:14 33:10 angle [3] - 21:2, 21:4, 31:19, 17:12, 17:15, agenda [3] -3:4, 21:21, 25:21, 31:21, 31:23, 17:24, 18:7, 3 20:2, 20:4 25:24 32:1, 32:3, 32:5, 28:12, 28:23, 3 [1] - 30:10 9 ago [2] - 21:17, annex [1] - 3:10 32:7, 32:9 29:3, 29:7, 31:3 30131- 18:4, 9 [3] - 16:19, 25:6 annexation [9] - carried [4) - agree 14:12 18:7, 24:11 16:22, 16:23 B 3:13, 5:2, 6:13, 4:15 19:24, 21:5, 300 [1] - 2:15 90,000 [1] - agreement [8] - 6:22 7:5 7:8 32:10 32 [4] - 11:6, 12:16 3:14, 6:22, 7:5, 7:12, 8:2, 16:10 Bank(i) - 3:7 cars [1] - 14:2 12:5,12:6, 33:7 9596 [1] - 9:15 7:8, 7:11, 7:133 answer [6] - 9:6, based [1] - 27:7 carved [1] - 37 [5] - 13:4, 9638 [1] - 11:11 8:2, 28 :13 16:6, 23:13, Bay[1] - 5:15 15:17 13:10, 13:13, agrees [2] - 24:24, 25:23, behalf [1] - 2:16 case [3] - 15:3, 13:15, 13:21 17:1, 17:11 30:7 behind (2) - 24:3, 26:21 360 [1) - 2:15 A Agricultural[1] - Anton[1] - 2:3 17:19, 21:13 catch [1] - 16:10 A -1 [1] - 3:11 3:11 apologize [1 ] - bend [1) - 30:11 center [4] - 5:9, ahead [1] - 5:12 18:2 Besco[9] - 2:5, 29:1, 30:2, 30:10 4 able [3] - 12:17, pp A earedp] - 3:23, 3:24, 19:22, centers [1] - 13:18, 15:23 Alderman[35] - 4 [1] - 14:22 above - entitled 2:5, 2:7, 2:8, 2:9, 2 :16 19:23, 21:3, 21:4, 22:7 47 [14) - 3:17, [2] - 1:13, 33:5 2:12, 3:19, 3:24, approval [5) - 32:6, 32:7 Centexpl - 5:15 6:9, 20:8, 21:15, access [8] - 9:11 4:4, 4:6, 4:8, 6:20, 6:21, 16:9, better [2) - 5:10, certain [4] - 4:14, 19:11, 29:19, 31:1 25:22 24:2, 24:4, 24:5, 21:22, 22:5, 28:8, 28:11, 19:13, 19:15, approved [1] - between [1] - 24:8 22:20, 24:13, 28:14, 29:13, 25:19, 28:18, 29:15 29:19, 19:21, 19:23, 30:16 29:6 certainly [1] - 29:6, 29:15, 30:8, 29:23 20:10, 20:16, approving [1] - bit [1) - 21:19 27:23 30:12 accommodate 20:18, 20:20, 17:18 blank [1] - 16:17 certify [1) - 33:4 [1] - 30:18 21:2, 21:4, 24:23, area [14) - 5:12, Board [1] - 31:4 cetera [1) - 26:5 5 according [1] - 25:9, 25:12, 6:14, 7:20, 8:9, board [1] - 22:24 character [1] - 26:9 27:17, 28:6, 8:21, 9:21, 14:24, break [1] - 6:15 7:24 5 [1) - 15:24 accurate [1] - 28:19, 31:13, 15:3, 15:5,15:7, breaking [1] - city [1] - 16:15 50 -foot [1] - 7:22 30:3 31:14, 31:19, 22:8, 26:7, 26:23, 22:18 City[21] - 1:9, 5th [1) - 33:12 acre [5] - 9:24, 32:5 31:21, 322:7 are:7 tare as [1] - 8:1 bringing [1] - 2:3, 2:4, 2:16, 10:3,10:18 , 23:8 3:10, 3:12, 8:16, Alderwoman Arthurp] - 2:2 10:21, 10:22 Bristol[2] - 3:17, 8:18, 9:2, 9:11, acres [13] - 3:15, [a2] - 2:6, 2:10, aspects [1) - 5:15 12:11, 17:1, 5:2, 5:3, 10:5, 2:11, 3:20, 4:2, 5:18 Bromberek[1] - 17:10, 17:16, DepoCourt Reporting Service (630) 983 -0030 2 17:18, 17:20, 3:15 33:16 13:6, 25:5 E F 22:13, 22:15, continue It] - cut [2] - 27:12, Development[3] 23:9, 24:19, 22:23 28:2 - 5:15, 22:14, eager (t] - 24:9 face (q - 7:23 24:21 contract It] - cuts Ill - 21:21 23:19 easement (21- Facility[2] - classified Ill - 22:9 development [91 27:11, 28:13 5:17, 5:18 6:6 copy (l] - 16:8 D - 5:19, 5:20, 6:4, easements 121 - facility Ill - clear [1] - 23:6 Corneils[n] - 6:7, 6:12, 7:15, 17:16, 17:19 24:10 Clerk[i1- 2:4 3:7, 3:16, 4:23, D-773205 [1] - 15:6, 22:2, 30:5 east [4] - 3:16, failing Ill - 11:2 close [5] - 10:21, 7:13, 7:22, 7:24, 1:24 developments 6:4, 6:6, 7:14 family [21- 3:12, 10:22, 19:2, 9:1, 9:15, 9:17, dated [1] - 3:8 Ili- 8:24 East[l] - 2:15 13:7 29:16, 31:12 9:22, 9:23, 10:22, Davidson[71- diagram (1] - easy Ill - 29:22 far [21- 25:9, f closer [31- 10:23,11:11, 21:7,21:8,25:3, 21:20 Economic[2] - 29:13 i 26:10, 27:4, 12:14, 14:6, 25:11, 25:21, diligently 11] - 22:14, 23:19 Farm[i] - 1:16 E 27:10 17:17 27 :22, 28 :4 23:21 egress [1] - 28:7 farm [11- 6:5 closing [21- corner [l51- deadlines (i) - dimensions Ill - egresses [11- fee (t] - 18:17 22:12, 22:16 20:8 21:15, 24:8 16:13 28:18 fees 15] - 14:7, coming [5] - 21:22, 22:2, 22:5, deal [l] - 11:21 directly Ill - eliminate Ill - 14:8, 14:9, 18:16, 10:14, 11:17, 22:20, 23:23, dealing [21- 9:15 9:1 18:22 12:14, 14:3, 24:10, 24:12, 5:20, 21:12 dirt Ill - 27:20 end [3] - 15:19, feet [2] - 30:8, 22:18 26:7, 26:10, Dean 12] - 2:12, discuss [2] - 30:1, 30:19 30:11 comment 121 - 26:14, 26:15, 29:10 20:5, 20:7 ends Ill - 32:11 few [2] - 7:9, 9:10, 24:19 27:11, 28:3 decades (l] - discussing Ill - engineer [1] - 23:14 comments [4] - Corporation[i1- 21:17 3:6 25:22 Fifth(l] - 2:15 14:16, 23:14, 2 319 decision Ill - discussion [3] - engineering Ill financial 11] - 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(1) - 23:4 live [3] - 11:11, 19:8, 19:10, necessary [5] - 9:23 houses (4) - J 11:19, 23:10 19:12, 19:14, 8:10, 15:9, 15:20, Gozner[3) - 10:16, 10:17, Llg21 - 3:7, 4:24 19:16, 19:18 17:17, 24:7 9:14, 9:19 11:6,12:22 Jackie[1) - 2:4 locate [1] - 19:20, 19:22 need [5) - 5:23, Graffpq - 2:3, Huinker[7] - Jamespq - 2:7, 27:14 20:13, 20:15, 7:5, 8:24, 11:4, 11:24, 12:6, 26:14, 26:19, 4:3, 4:4, 19:10, located [2) - 5:9, 20:17, 20:19, 15:22 12:19, 13:1, 13:6, 27:6, 27:15, 19:11, 20:10, 20:7 20:21, 20:23, neededp]- 13:10, 13:13, 28:21, 29:1 20:15 20:16, look 171- 10:12, 21:1, 21:3, 31:18, 26:22 14:2, 14:6,15:14 27:17, 31:18, 10:13, 10:15, 31:20, 31:22, neighbors (1]- grammar ill - 31:19 11:4,12:3, 17:3, 31:24, 32:2, 32:4, 7:19 18:4 Jasonpl - 2:8 18:5 32:6, 32:8 nervous [2] - green [7] - identify [1] - jobs (1] - 24:11 looking [3] - minimum (1] - 10:1, 10:11 12:21, 12:24, 16:12 John[1] - 2:16 13:20 13:22, 12:1 never [2) - 13:2, 26:7, 26:16, Idot [1] - 22:19 Johris [1] - 7:6 26:8 minor [1] - 18:2 21:17, 27:23 27:1, 28:9 Illinois [6] - 1:3, Josephil] - 2:5 looks [1I - 28:17 minus [1) - new I1] - 24:11 grew [t] - 27:23 1:16, 2:15, 3:18, Lout) - 11:10 30:11 Next(2] - 3:4, ground [1] - 4:22, 33:1 K LynrX3) - 22:13, money [1] - 8:11 20:4 22:19 Immediately [1] 23:18, 24:24 month [1) - next [1] - 22:23 groups (1] - - 5:15 Kendall[4] - 1:5, 22:17 nice [2] - 10:17, 18:16 impact (41- 3:11, 3:17, 33:2 M Motion [4) - 26:8 12:9, 12:12, Kevin[1] - 4:21 4:15, 19:24, 21:5, Nicolai3) - 1:14, 14:10, 29:18 kind (3) - 5:13 major [2) - 32:10 33:3, 33:16 important [2] - 9:21, 21:21 17:22, 22:4 motion [4) - 3:5, none [2] - 9:24, half [1] - 3:16 5:19, 24:1 known [1] - 3:9 marked [2) - 5:5, 19:2, 20:6, 31:12 31:11 hand [1] - 33:12 improve [1] - 6:17 move [1) - 27:4 normal [2) - handle [4) - 28:17 L Marty [1] - 2:9 moved (4) - 22:22, 30:21 11:16, 14:1, 14:9, improved [2] - Mary [2] - 9:14, 3:19, 19:4, 20:9, north [8] - 3:16, 15:23 14:7, 14:9 lake [3) - 12:22, 11:10 31:13 5:14, 5:15, 8:4, happy [1] - 9:5 Improved [1] - 15:16, 15:17 matter [q - 1:13 Moved [4] - 12:19, 15:19, hard [1) - 21:19 14:11 Lakg3) - 21:8, Mayor [34] - 2:2, 3:21, 19:6, 20:11, 25:10, 29:24 Hearing(3] - improvement 22:9, 29:10 3:4, 3:21, 4:15, 31:16 northwest (2) - 1:10,19:1, 31:11 [1] - 22:19 land I1) - 6:5 5:23, 9:8, 11:9, moving (z] - 20:8, 24:13 j inclusive [1] - landscaping 2 hearing (11) - p' g [ ] 11:20, 11:23, 22:18, 26:10 notes (1] - 33:9 1:13, 3:6, 3:13, 33:7 - 25:11, 26:8 12:4,12:20, Munns [12] - nothing [1] - 4:16, 7:18,18:20, incorporated (2] Landscapingl] 14:14, 14:16, 2:9, 4:7, 4:8, 27:10 19:3, 20:5 20:6, -7:3, 7:4 -25:12 14:20, 18:10, 19:14, 19:15 number[1)- 21:6, 31:12 individual [1) - lanes [2) - 26:21, 18:12, 19:1, 19:6, 20:19, 20:20 6:23 hearings [z] - 27:6 27:2 19:24, 20:11, 24:23, 25:9, numbering [1] - 3:5, 32:11 inform [1] - 22:3 last [2] - 6:20, 21:5, 21:7, 23:15, 25:12, 31:22, 17 :7 He]tzp) - 2:14 ingress (2) - 18:4 24:18, 24:21, 31:23 numbers [2] - hereby (1) - 33:4 28:7, 28:18 law (1) - 4:21 25:14, 26:11, Munson [11] - 14:21 16:4 DepoCourt Reporting Service (630) 983 -0030 I 4 0 17:5,17:7 Peter[l] - 26:19 22:1 put [1] - 8:9 30:23 Page [11] - petitioner [31- principal Ill - putting [11- Reporf2l - 1:12, Oakpl - 10:11 14:22, 15:24, 3:14, 4:18 9:10 29:10 8:15 33:6 obviously [51- 16:14, 16:19, petitioner's Ill - problem [11- reported 1q - 8:10, 15:6, 21:23, 16:22, 16:23, 4:23 15:13 Q 33:4 22:1, 25:6 17:6, 17:9, 17:23, petitioners [21- problems [q - represent [31- Obv[ously[2] - 18:4,18:7 3:9, 4:17 25:20 quadrant Ill - 7:21, 21:8, 28:9 7:5, 21:19 Pages [11- 33:7 picky Ili- 17:2 Proceedings [4] 24:13 representative October[] - paper p - 10:7 picture 1l1- 31:4 - 1:12, 3:1, 32:12, quality (1) - 22:6 [l1- 4:18 33:12 parallel [l1- piece 131- 10:5, 33:7 questioned 111 - representing [l1 office [l] - 7:7 25:19 10:18, 25:4 proceedings [1] 18:9 - 4:23 Ohare[25] - parcel [41- 5:9, place [3] - 23:11, - 33:5 questions (6) - request [31- 2:10, 4:9, 4:10, 10:5, 13:3, 25:5 24:4, 33:9 process [41- 9:6, 23:12, 23:17, 3:10, 23:24, 14:18, 14:21, Parcel [l1- plan 171- 8:22, 7:18, 24:4, 30:6, 24:22, 30:7, 31:9 26:22 15:13,15:24, 30:10 12:21, 13:3, 30:21 require Ill - 12:1 16:14, 16:19, parcels [3] - 13:16, 27:6, 31:1, Prochaska[33] - R required 14] - 16:22, 16:24 28:15, 29:21, 31:7 2:2, 3:4, 3:21, 11:21, 12:2, 12:7, 17:6, 17:10, 29:23 Plan 131 - 6:19, 4:15, 5:23, 9:8, R2 [l1- 3:12 18:16 17:13, 17:21, park [2] - 12:22, 6:22, 7:1 11:9, 11:20, ran [1] - 21:13 requirements 18:3,18:8. 19:16, 17:23 planned [31- 11:23, 12:4, range Ill - 13:16 Ill - 26:5 19:17, 20:21, parking [41- 26:14, 26:20, 12:20, 14:14, Rathjelil- 4:21 residence Ill - 20:22, 26:6, 26:5, 27:20, 28:8, 27:4 14:16, 14:20, read Ill - 10:7 3:12 26:15, 27:3, 28:11 plat [121 - 6:18, 18:10, 18:12, real [21- 3:14, residential [3] - 27:16, 28:2, Parks (2) - 8:8, 7:3, 7:12, 8:2, 19:1, 19:6, 19:24, 31:4 6:7, 6:12, 25:3 31:24, 32:1 18:1 16:7, 16:8, 16:9, 20:11, 21:5, reali ty Ill - residents [31- old [3] - 11:3, Partin - 17:17 16:12, 21:16, 23:15, 24:18, 25:23 9:22, 24:14, 25:2 21:13, 21:16 part p8l - 5:16, 23:5, 27:18 24:21, 25:14, really [lo] - 5:23, response [5] - one [l4] - 3:12, 6:13, 6:21, 7:1, pleased [21- 26:11, 26:17, 8;21, 9 :4, 10:6, 14:15, 18:11, 3:16, 5:18, 9:24, 7:10, 7:11, 7:12, 22:3, 24:15 27:9, 30:22, 31:8, 21:17, 21:22, 18:24, 24:20, 10:20, 10:22, 8:1, 8:6 8:7, plus [1] - 30:11 31:11, 31:16, 23:3, 27:19, 30:4, 31:10 11:24, 13:15, 11:20, 13:2, 13:5, Pm [11- 1:15 32:10 30:13 rest [21 - 10:13, 14:22 17:21, 16:16, 18:19, pod [11- 6:8 project [21- reason [l1- 5:17 10:21 17:22, 18:3, 18:9, 26:12, 27:20, point [9] - 8:9, 24:16, 30:20 recap 1l] - 5:13 restaurants [11- 30:1 28:5 8:12, 9:3, 13:12, projected [l] - receive [21- 22:7 one - family 11] - particular [1] - 15:4, 15:12, 26:13 6:19, 15:4 restrict 11] - 3:12 21:20 15:20, 29:12, property [151- recently [11- 16:12 one -half Ill - partly 1t] - 26:11 30:4 3:14, 5:7, 5:8, 21:14 restrictions ill - 3:16 pass [2] - 6:23, points [l] - 5:14, 5:16, 8:20, reciprocal Ill - 8:3 open [41- 9:9, 12:13 29 10:18, 11:5, 28:13 retail 161 - 22:2, 12:21, 23:15 passed Ill - portion [31- 8:53 12:10, 12:12, commendati 25:8, 26:1, 26:4, o rere o 26:7 18:20 25:7, 29:24 13:2, 27:12, 7:2 30:2, 30:1 opportunity [2] - passionate [11- possible 111- 28:13, 30:1 recommended retailer 0 - 10:4,10:20 10:2 6 proposed [3] - 22:5, 22:10, [�1- 15:15 I option [11- 9:2 pathway [ - 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21:21 3:7 testimony 11] - 3:10, 3:12 31:14, 32:4, 32:5 10:7, 10:8, 11:3 shared [3] - standpoint [21- 33:11 units [i] - 12:6 wondering (2) - rooftops [11- 28 :8, 28 :11 21:23, 21:24 theory [11- unsure [1] - 8:12 25:15, 28:10 12:16 28:14 start [1] - 22:18 27:18 up [ii] - 6:2, 7:6, Woodwardli] - room [i] - 28:1 shop [1 ] - 23:12 starts (11- 16:16 three [1] - 28:18 8:5, 15:5, 15:7, 4:22 Rose[i] - 2:11 shorthand [2] - state (31- 9:12, tiny [1 ] - 14:4 16:10, 18:5, 23:7, word [4] - 14:11, Route[91- 3:17, 33:5, 33:9 26:17, 26:20 today 131- 4:23, 27:23, 28:16, 16:15, 18:5,18:6 6:9, 20:8, 21:22, show [2] - 6:16, State[21- 1:3, 5:2, 5:4 29:22 Wyeth[2] - 2:14, 29:6, 29:15, 30:8, 6:18 33:1 together[] - useful (1] - 26:1 2:16 30:12 shows h] - 27:5 state's (2) - 29:21 Uta[i] - 3:8 runs [2] - 7:14, side (4) - 3:16, 26:12, 26:13 Tomich[31- utilized [1] - Y 21:20 10:16, 23:11, statement ( tl - 29:9, 29:10, 31:2 21:18 rushing [t1- 24:15 9:11 tonight [5] - years [i] - 25:6 30:15 sidewalk [31- stay [31- 7:24, 20:2, 21:11, 23:2, V Yorkville[12] - 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29:18 vote [4] - 20:2, Scott[7] - 20:7, 13:16, 13:22 submitted [1] - transcribed [2] - 20:3, 23:1, 23:24 21:12, 22:11, sorry 16] - 6:1, 29:19 3:3, 32:14 23:1, 24:6, 29:14, 10:1, 16:21, 17:6, suggestion [i] - transcript [11- W 30:17 17:9, 18:7 7:21 33:8 se (1] - 29:20 sounds (i] - Su]te[i] - 2:15 tried [1] - 17:8 Wanda[3] - Secondl5] - 17:1 Sunflower[l] - true [t] - 33:8 2:10, 15:14, 17:4 DepoCourt Reporting Service (630) 983 -0030 I