City Council Minutes 2005 11-22-05 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, NOVEMBER 22, 2005.
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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 Absent
Ward III Ohare Present
Mums Present (arrived 7:40)
Ward IV Besco Present
Spears Absent
Also present: City Clerk Milschewski, City Treasurer Powell (arrived 8:00), 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.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Besco requested that item # 5, Updated Capital Improvement Program, under the
Public Works Committee Report be removed from the agenda and placed on the next appropriate
Committee of the Whole (COW) meeting agenda.
Mayor Prochaska requested that following items be removed from the agenda
• Item #2, Ordinance Abating Special Service Area Taxes for Special Service Area
Number 2003 -100 (Raintree Village I) and Approving the Amended Special Tax Roll
Ordinance and Item #3, Ordinance Abating Special Service Area Taxes for Special
Service Area Number 2003 -101 (Windett Ridge) and Approving the Amended Special
Tax Roll be removed from the Consent Agenda and be placed on the next City Council
meeting agenda. He explained that that the paperwork for the SSAs was received earlier
in the day and the documents needed to be reviewed by staff.
• Item 42, Ordinance Amending City Code Title 1— Administration, Chapter 6 —
Municipal Officers and Employees — New Article "D" City Administrator Regarding
City Administrator Ordinance be removed from the Mayor's Report and be placed on the
next appropriate COW meeting agenda for further discussion.
• Item #I Salary Survey: Mayor, Aldermen, Clerk and Treasurers, Item #4 Tuition Policy
and Item #5 Resolution Approving the Revised job Description for the Position of
Engineering Administrative Assistant (formerly know as "Engineering Assistant ") be
removed from the Administration Committee Report and be placed on the next
appropriate COW agenda for further discussion.
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COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, December 5, 2005
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, December 1, 2005
City of Yorkville Conference Room
800 Game Farm Road
The Minutes of the Regular Meeting of the Citv Council — November 22. 2005 — na 2
Public Safety Committee 7:00 P.M., Thursday, December 8, 2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee T.B.A.
PRESENTATIONS
None.
PUBLIC HEARINGS
Wyndham Deerpoint. Homes
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Wyndham Deerpoint Homes, JS & WD Development, LLC, Harry Anderson and William
Galvin, Jr., petitioners, request to annex to the United City of Yorkville and rezone from Kendall
County A -1 Agricultural to United City of Yorkville B -2 General Business District and R-2 One-
Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real
property consists of approximately 154 acres north of Route 71 and west of Pavillion Road,
Kendall Township, Kendall County, Illinois. So moved by Alderman Wolfer; seconded by
Alderman Leslie.
Motion approved by a roll call vote. Ayes -6 Nays -0
Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -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 Burd;
seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes -6 Nays -0
Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye
JS &WD Development, LLC
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing JS
& WD Development, LLC, Harry Anderson and William Galvin, Jr., 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 178.3 acres south of Route 71 and west
of Legion 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
James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -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 of the public hearing. So moved by Alderman
Besco; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays -0
Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye James -aye
CITIZEN COMMENTS
Eric Weis, 455 East Barberry Circle, addressed the City Council. He explained that he has ten
years experience working in the State's Attorney's office in Kendall County where he has tried
every type of case such as homicide, rape, drug use, etc. and will be runnin for the State's
Attorney position in March of 2006. He noted that the City Council has dedicated its efforts to
help Yorkville control growth however there is an increase in crime in Kendall County due to the
increased population. He explained how decisions made by the State's Attorney affect the
accused and victim's lives along with those of their families, friends and the community. He
asked that everyone remember to vote and when doing so that they think about whom they would
want if they were the victim of a crime to prosecute the person who caused the grief and hardship
to them. Would they want someone with experience or would they want someone else? He
commented that he believed he was the most experienced candidate and noted that he is active in
the community as a volunteer on the Bristol - Kendall Fire Department and just recently received a
Character Counts Award from the City Council. He asked that the City Council take the time to
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The Minutes of the Regular Meeting of the Citv Council — November 22, 2005 — Da&
educate themselves and understand the issues and credentials of the candidates and to be sure to
vote on March 21, 2006.
CONSENT AGENDA
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1. Ordinance 2004 -89 — For the Levy and Assessment of Taxes for the Fiscal Year
beginning May 1, 2006 and ending April 30, 2007 for Special Service Area Number
2004 -201 (Fox Hill) — authorize abatement in the amount of $I8, 000.00 and authorize
the Mayor and City Clerk to execute (ADM 2005 -02)
2. IMLRMA Insurance Rate — approve annual renewal policy (ADM 2005 -05)
3. Monthly Treasurer's Report for September 2005 (ADM 2005 -06)
4. Resolution 2005 -79 — Approving the Revised Job Description for the Position of
Senior Accounting Clerk (formally known as Accounting Clerk IUHuman Resource
Clerk) - authorize the Mayor and City Clerk to execute (ADM 2005 -08)
5. Cannonball Hill Subdivision — Final Acceptance — accept public improvements (PW
2005 -02)
6. In -Town Drainage Program - Storm Sewer Easement - authorize the Mayor and City
Clerk to execute (PW 2005 -03)
7. Deuchler Engineering Agreement for FPA (Facility Planning Area) Expansion —
Northwest Service Area - authorize the Mayor and City Clerk to execute (PW 2005-
06)
8. Deuchler Engineering Agreement for FPA Expansion — Fagenal Development -
authorize the Mayor and City Clerk to execute (PW 2005 -07)
9. Deuchler Engineering Agreement for FPA Expansion — KB Homes Development —
Konicek & Hageman Properties - authorize the Mayor and City Clerk to execute (PW
2005 -08)
10. Deuchler Engineering Agreement for FPA Expansion — Montalbano Development —
Lee Farm - authorize the Mayor and City Clerk to execute (PW 2005 -09)
11. Deuchler Engineering Agreement for FPA Expansion — Marker Development —
Heartland Crossing - authorize the Mayor and City Clerk to execute (PW 2005 -10)
12. Deuchler Engineering Agreement for FPA Expansion — Wiseman- Hughes
Development - Windett Ridge Unit 3 - authorize the Mayor and City Clerk to execute
(PW 2005 -11)
13. Deuchler Engineering Agreement for FPA Expansion — Hudson Lakes Development -
authorize the Mayor and City Clerk to execute (PW 2005 -12)
14. Deuchler Engineering Agreement for FPA Expansion — MPI South Development -
authorize the Mayor and City Clerk to execute (PW 2005 -13)
15. Deuchler Engineering Agreement for FPA Expansion — Schramm Property -
authorize the Mayor and City Clerk to execute (PW 2005 -14)
16. 2005 Concrete Roadway Pavement Striping — Change Order #1 — authorize increase
in an amount not to exceed $1, 003.55, funding to be paid from Line Item #01- 410 -75-
00 -7100 — Street Rehab projects and authorize the Mayor to execute (PW 2005 -17)
17. Cannonball Estates Phase 2 Letter of Credit Reduction #5 — authorize reduction in an
amount not to exceed $9,618.77 (PW 2005 -18)
18. Prestwick of Yorkville — Earthwork Letter of Credit Reduction #I - authorize
reduction in an amount not to exceed $753,535.73
Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved
by Alderman Ohare; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye
PLANNING COMMISSIONMONING BOARD OF APPEAL
Alderman Munns reported that the Plan Commission voted 2 -3 against a rezoning request for a
residence on Bridge Street. He further reported that the rezoning was discussed by the Economic
Development Committee and they voted 3 -0 to move it ahead to the Committee of the Whole.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings of
October 25, 2005, November 8, 2005 and the Committee of the Whole meeting from September
20, 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 November 10, 2005 totaling the following amounts: checks in the amount of
The Minutes of the Regular Meeting of the Citv Council — November 22. 2005 — nape 4
$1,059,441.73 (vendors); $154,665.69 (payroll period ending 10/29/05); for atotal of
$1,214,107.42 seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, Munns -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye
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REPORTS
MAYOR'S REPORT
Engineering Enterprises Inc. (EEI) Agreement for Shallow Well Siting Program
(COW 2005 -01)
Mayor Prochaska questioned the urgency of this item. Director of Public Works Dhuse explained
the process do be done and stated that it needed to begin before the ground began to freeze. He
also noted that the funds for the study were available.
Mayor Prochaska entertained a motion to approve an agreement with Engineering Enterprises
Inc. (EEI) for the Shallow Well Siting Program, subject to legal review, in the amount of
$20,000.00. So moved by Alderman Wolfer; seconded by Alderman Burd.
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
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
Agreement with Trinity Church United Methodist
(COW 2005 -03)
Attorney Wyeth explained that this is an agreement is for Recreation Department programs and it
has been recommended by the Parks & Recreation Department.
Mayor Prochaska entertained a motion to approve the agreement with Trinity Church United
Methodist, as presented, subject to legal review. So moved by Alderman Besco; seconded by
Alderman Wolfer.
Director of Recreation Sue Swithin explained that the agreement will provide a location for day
classes such as a pre - school program. The rent is $400.00 /month and the agreement is the same
as the one with the Yorkville Congregational Church.
Mayor Prochaska thanked the church for their community cooperation.
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, James -aye, Leslie -aye, Muni -aye, Ohare -aye, Wolfer -aye, Besco -aye
Rob Roy Creek Interceptor Funding and Easement Agreements
(CC 2005 -01)
Attorney Wyeth explained that the next three items are related to the Rob Roy Creek Interceptor
project which will take the sewer line to the northern most portion of the City's planning area.
The interceptor will serve three developments so there are three agreements which will provide a
stream of funding to pay the $12 million in bonds for the project. He stated that the agreements
will also provide the necessary easements to the Yorkville - Bristol Sanitary District for the
interceptor. He also explained that in the Bristol Bay Agreement there is a clause that allows for
City Council consideration of a single source bid in order to take the line to its conclusion if the
developer chooses to do this in an expedited manner. He stated that the members of the City
Council should have copies of the agreement at their desks and noted that there were changes that
affected YBSD alone. He further noted that the agreements rely on each other in regards to
funding and easements.
Caledonia - Interceptor Sewer Agreement Term Sheet
Mayor Prochaska entertained a motion to approve the Interceptor Sewer Agreement Term Sheet
with Wyndham Deerpoint, as presented, subject to funding, obtaining original easements and
legal review and obtaining agreements for fimding and easements with Centex and Ocean
Atlantic. So moved by Alderman Wolfer; seconded by Alderman James.
Alderman Ohare asked if the City had received the easements. Attorney Wyeth explained that he
has seen the drafts for the easement and that they will be presented with the signing of the
The Minutes of the Regular Meeting of the Citv Council — November 22. 2005 — Da &L5
Agreements and that the approval of the agreemtns is subject to obtaining the original easements.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye
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Bristol Bay — Interceptor Sewer Agreement Term Sheet
Mayor Prochaska entertained a motion to approve the Interceptor Sewer Agreement Term Sheet
with Centex Homes, as presented, subject to funding, obtaining original easements and legal
review and obtaining agreements for funding and easements with Ocean Atlantic and Wyndham
Deerpoint. So moved by Alderman James; seconded by Alderman Wolfer.
Mayor Prochaska noted that the developer is asking for the ability to build their portion of the
sewer. He stated that this agreement requires YBSD's engineering company to verify the cost of
the construction to make sure they are within the realm of the other interceptor projects. He
further noted that the agreement stipulates that any reimbursement for this construction will not
include bonuses or overtime and due to the single sourcing of the project, a% vote would be
needed to approve the motion.
Alderman Besco clarified that this portion of the line will not be contracted through the YBSD
and will be done by the developer. Mayor Prochaska stated that this is correct if the developer so
chooses.
Motion approved by a roll call vote. Ayes -6 Nays -1
Munns -aye, Ohare -aye, Wolfer -aye, Besco -nay, Burd -aye, James -aye, Leslie -aye
Westbury — Interceptor Sewer Agreement Term Sheet
Mayor Prochaska entertained a motion to approve the Agreement regarding the Rob Roy Creek
Sanitary Sewer Interceptor with Ocean Atlantic/PFG- Westbury, LLC, as presented, subject to
funding, obtaining original easements, legal review and obtaining agreements with Centex Homes
and Wyndham Deerpoint. So moved by Alderman James; seconded by Alderman Ohare.
Mayor Prochaska thanked Attorney Wyeth for his diligent work on the easements and
agreements.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Wolfer -aye, Besco -nay, Burd -aye, James -aye, Leslie -aye, Munns -aye
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
Director Dhuse reported that leaf pickup was still underway due to the tremendous participation
in the project. He stated that the pickup will continue through next week at locations not
previously done.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
No report.
COMMUNITY & LIAISON REPORT
Aurora Area Convention and Visitor Bureau (AACVB) Workshop
Alderman Burd reported that she attended a workshop held by the AACVB where the main topic
was the ways the Bureau could better service its clients. A facilitator led the workshop where
helping improve area group's participation in the Midwest Literary Festival, partnerships between
area business, website technology, annual presentations etc. were discussed.
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The Minutes of the Regular Meeting of the Citv Council — November 22. 2005 — Dage 6
Fagade Committee
Alderman Burd reported that the Facade Committee met November 16, 2006 where the
committee approved payment of $14,900.00 to TIG Partners for the improvements made on the
Sawmill Pizza building. The Committee discussed that this is the type of improvement that
exemplifies what the Fagade funds should be used on. This payment represents all the funds
remaining in the find for the year. She encouraged everyone to patronize the restaurant. Mayor
Prochaska noted that this is the first applicant who has taken advantage of the program for the
entire building, not just the front.
Hesed House Donations
Alderman Leslie thanked everyone for the donations made to Hesed House. He especially
thanked the Yorkville schools, WSPY, the Kendall County Record, Beacon News and the Police
Department for their assistance with the program. He stated that amount of donations has been
unbelievable.
Corridor Planking Group
Mayor Prochaska reported that he attended the first meeting of the Corridor Planning Group for
the Prairie Parkway. He explained that the group is comprised of representatives from Kane,
Kendall and Grundy Counties as well as the mayors and village presidents of Elburn, Big Rock,
Sugar Grove, Plano, Yorkville, Lisbon, Morris and Minooka. The purpose of the group is to
provide guidance for the Prairie Parkway's development and to develop a framework for local
government cooperation. The group is initially looking to develop three task groups to deal with
transportation, environmental issues and land use. He stated he will keep the City Council
updated as information becomes available.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Route 47 & Fox Road Intersection
Engineering Enterprises Inc. (EEI) Proposal to Prepare Intersection Design Study
(PW 2005 -04)
A motion was made by Alderman Besco to approve a proposal as presented from Engineering
Enterprises Inc. (EEI) to prepare an Intersection Design Study for Route 47 and Fox Road
intersection subject to obtaining funding; seconded by Alderman Burd.
Alderman Besco noted that the study will cost about $6,000.00. Alderman Ohare asked where
the funding was coming from and Director Dhuse explained that he is still looking into this. He
noted that the state is interested in the study and Mayor Prochaska asked if there is funding
available from them. Director Dhuse stated he is investigating this. Director Pleckham stated
that she is investigating funding from developers in the area.
Motion approved by a roll call vote. Ayes -7 Nays -0
Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye
Autumn Creek Easement
(PW 2005 -05)
A motion was made by Alderman Besco to accept easements for Autumn Creek Subdivision as
presented; seconded by Alderman Burd.
Alderman Besco explained that the easement is for utilities.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye
River's Edge Phase I
Letter of Credit Reduction #4 & Acceptance of Public Improvements
(PW 2005 -20)
A motion was made by Alderman Besco to approve a Letter of Credit Reduction 44 and
acceptance of public improvements for River's Edge Phase 1, as presented; seconded by
Alderman Mum.
Alderman Besco noted that this was recommended by the City Engineer.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye
The Minutes of the Regular Meeting of the Citv Council — November 22, 2005 — nag_e 7
Deuchler Engineering Agreement for
Design & Construction Inspection Services for Gawne Lane Improvements
(PW 2005 -22)
A motion was made by Alderman Besco to approve the Agreement with Deuchler Engineering
for Design and Construction Inspection Services for Gawne Lane Improvements as presented;
seconded by Alderman Burd.
Alderman Besco explained that this an agreement based upon a prior easement agreement and the
Public Works Committee recommends it. Mayor Prochaska asked about funding and Director
Dhuse explained that $15,000.00 will be funded this fiscal year from the Engineering -GIS and the
Water Improvement- GIS line times. The remainder will be funded next fiscal year. Mayor
Prochaska asked if the dollar amount of the project should be included in the motion. Attorney
Wyeth suggested that a "not to exceed" amount be included in the motion.
Alderman Burd withdrew her second and Alderman Besco withdrew the motion.
A motion was made by Alderman Besco to approve the Agreement with Deuchler Engineering
for Design and Construction Inspection Services for Gawne Lane Improvements as presented, not
to exceed $28500.00 ($15,000.00 this fiscal year and $13500.00 next fiscal year); 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
Rob Roy Creek Interceptor Contract 5 — Results of Bid Opening
(PW 2005 -26)
A motion was made by Alderman Besco to approve the award of contract for Rob Roy Creek
Interceptor Contract #5 as presented, subject to receipt of funding, obtaining original easements
and legal review; seconded by Alderman Ohare.
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
Rob Roy Creek Interceptor Contract 6 — Results of Bid Opening
(PW 2005 -27)
A motion was made by Alderman Besco to approve the award of contract for Rob Roy Creek
Interceptor Contract 46 as presented, subject to receipt of funding, obtaining original easements
and legal review; 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
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Ordinance 2005 -089 Tag Levy
(ADM 2005 -01)
Mayor Prochaska noted that as this was not discussed at the last COW meeting and that a
majority vote was needed to announce the City's intention for a levy. He stated that the
Administration Committee recommended that the tax levy amount be $2,049,505.64. He
explained that the recommended amount is based on the maximum amount that the City is able to
access based on the current estimates for Equalized Assessed Value (EAV) and the limitations of
the tax cap. He noted that this is not the amount that he recommended; he recommended that the
levy's amount be $2,035,873.26 based on the same formula the City has used for the last six
years. The difference between the two amounts is $13,632.38. He opened the floor for
discussion.
Alderman Ohare stated that the Administration Committee discussed the Tax Levy, along with
the City Treasurer and they are recommending the higher amount. She stated that personally she
felt that with the upcoming school referenda the City should approve the lesser amount.
The Minutes of the Regular Meeting of the Citv Council — November 22. 2005 — nage 8
City Treasurer Powell stated that at the Administration Committee meeting he recommended the
higher amount and even though the reasons he gave the committee for this are still valid, in light
of Wal -Mart announcing a new store in Yorkville, he would also support the lower amount.
Alderman Wolfer thanked Treasurer Powell and Finance Director Pleckham for explaining the
levy to him. He stated that he had a problem with the higher amount because it affected senior
citizens. He stated there are businesses coming into Yorkville that he felt would balance out the
difference.
Alderman Besco asked if there were long -term repercussions for not levying the higher amount.
Treasurer Powell explained that the tax cap limits the amount of new taxes that can be increased
each year and the cap is based on existing residences. He stated that if it is limited today, it
cannot be increased more in the future years. He stated that there was a "snow - balling" effect to
future years and that is why he originally supported the higher amount. Alderman Besco
expressed his concern that while Wal -Mart has announced their arrival, the economy could
change and they may not come.
Alderman Burd questioned if there was abatement if the City does not want the whole amount of
the levy. Director Pleckham explained that she believed that when the county sends the actual
levy amount in March, the City has to sign -off on the extended amount. Mayor Prochaska added
that the City cannot extend the amount more than for what it has asked for. He stated that if the
City Council wants to vote for a lesser amount it would be done when the levy ordinance is voted
on. He explained that a few years ago, the City received the final amount from the county and
because the tax cap was lower, the City did not get the amount it asked for. Director Pleckham
further explained that last year, the City used a higher EAV than actual and received less tax
dollars than anticipated. The lower amount affected the library and police.
Alderman Burd discussed that possibility that the library would be over budget and the City was
trying to make up the difference. She asked if this would be a problem this year. Director
Pleckham stated that the Library Levy will deal with this. She explained that the library rate will
be higher than the normal annual rate to be applied to the bond for the reconstruction. Director
Pleckham stated that the City's tax levy will not affect the library levy.
Aldermen Munns and Leslie both stated they supported the lower amount.
A motion was made by Alderman Ohare to approve the Tax Levy in the estimated amount of
$2,035,873.26 for the year 2005; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -7 Nays-0
Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye
Library Levy
(ADM 2005 -10)
Director Pleckham stated that this is an information item. The library will not abate their tax rate
as it relates to the expansion construction. It is based on a dollar amount not the rate.
The City Council had no comments or questions on this item.
Ordinance 2005 -90 Establishing Special Service Area Number 2004 -107
Raintree Village II
(ADM 2005 -15)
A motion was made by Alderman James to approve an ordinance establishing Special Service
Area Number 2004 -107 (Raintree Village In; seconded by Alderman Ohare.
Alderman Burd noted that the Special Service Area was part of the original Annexation
Agreement and is nothing new. Alderman Munns asked what the consequences would be if the
SSA was voted down and Attorney Wyeth stated the City would be in breach of contract.
Motion approved by a roll call vote. Ayes -6 Nays -1
Wolfer -aye, Besco -nay, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye
Ordinance 2005 -91 Providing for Issuance of Special Service Area Number 2004 -107
Special Tax Bonds, Series 2005 - Raintree Village II
(ADM 2005 -16)
A motion was made by Alderman James to approve an ordinance providing for the issuance of
Special Service Area Number 2004 -107 Special Tax Bonds, Series 2005 (Raintree Village In;
seconded by Alderman Ohare.
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The Minutes of the Regular Meeting of the Citv Council — November 22, 2005 — uage 9
Motion approved by a roll call vote. Ayes -6 Nays -1
Besco -nay, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye
Alderman James asked for clarification as to where the two items removed from the Consent
Agenda were being sent. Mayor Prochaska stated that they would be back on the next City
Council meeting agenda.
Alderman Munns asked the status of the Salary Survey. Mayor Prochaska stated it was on the
agenda however it was a discussion item so it will be placed on the appropriate COW agenda for
further discussion.
ADDITIONAL BUSINESS
Parking Ordinance
Alderman Munns asked if the Parking Ordinance was moving forward and Alderman Ohare
explained it would be on the December 6, 2005 COW agenda.
City Development Director
Mayor Prochaska reported to the City Council that the committee has met and has given
recommendations for the City Development Director to him. He has scheduled interviews with
the three recommended candidates and he hoped he would have something further to report to the
Council next month.
Meeting Consolidation
Alderman Wolfer asked if the City Council could discuss at an upcoming COW meeting
streamlining the committees as Dr. Wood suggested, a three meeting concept with two COW
meeting and a City Council meeting. Alderman Burd stated that this is under discussion by the
Ad Hoc committee and Drs. Wood and Gabris have been invited to attend to further discuss how
to implement this. The date of the meeting is pending the availability of the doctors. Alderman
Wolfer stated that this concept needs to be implemented because he felt there were too many
meetings each month. Alderman Leslie asked if this concept would eliminate all the committees
and Mayor Prochaska stated that this was one of the recommendations.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjoum. So moved by Alderman Besco; seconded by
Alderman Wolfer.
Motion approved by a viva voce vote.
Meeting adjourned at 87:45 P.M.
Minutes submitted by:
Jacquelyn Milschewski
4 Yn , �
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
November 22, 2005
PLEASE PRINT
NAME: ADDRESS:
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October 5, 2005��
• Petition opposing the rezoning and
annexation of Challv and Anderson Farms
We the undersigned residents of Pavillion Heights subdivision and
neighboring property owners hereby petition the United City of
Yorkville to oppose the rezoning and annexation of Chally and
Anderson farms for the following concerns.
Safety of children and citizens:
Hillside DR is one of the main entrances to this proposed 230 plus homes
subdivision. This will substantially increase traffic and endanger children
and citizens.
Flooding and Run -off:
Chally farm in the most part is on higher ground than the Pavillion Heights
subdivision and this proposed subdivision will most likely contribute to
the flooding of Pavillion Heights' homes and streets.
Density:
The proposed subdivision lots are mostly12,000 square feet compared to
Pavillion Heights one acre plus lots. This proposed subdivision is too dense
for the currently rural area.
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Quality of living: !
Most Pavillion Heights homes bordering the proposed subdivision will have
3 to 5 lots backing to their property, therefore it will significantly diminish quality
of living and also impair property values within the Pavillion Heights
subdivision.
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CITY COUNCIL MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
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REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
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CHRISTINE M. VITOSH, C.S.R., on November 22,
2005, at the hour of 7:00 p.m., at 800 Game Farm
Road in the City of Yorkville, Illinois.
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� � I
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D- 777905
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 P R E S E N T:
2 MR. ARTHUR F. PROCHASKA, Mayor;
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3 MR. PAUL JAMES, Alderman;
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4 MR. JASON LESLIE, Alderman;
5 MS. VALERIE BURD, Alderwoman;
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6 MR. DEAN WOLFER, Alderman;
7 MR. MARTY MUNNS, Alderman;
8 MS. WANDA OHARE, Alderwoman;
9 MR. JOSEPH BESCO, Alderman;
10 MR. JOHN CROIS, Interim 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
BY: MR. JOHN JUSTIN WYETH,
16 appeared on behalf of the United
City of Yorkville, Illinois.
17
18 - - - - -
19
20
21
22
23
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Depo Court Reporting Service (630) 983 -0030
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1 (Pledge of Allegiance)
2 MAYOR PROCHASKA: We do have a
3 couple public hearings. At this time I would
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4 entertain a motion to go into public hearing for
5 the purpose of discussing the Wyndham Deerpoint
6 Homes, JS & WD Development, LLC, Harry Anderson
7 and William Galvin, Jr., Petitioners, request to
8 annex to the United City of Yorkville and rezone
9 from Kendall County A -1 Agricultural to the
10 United City of Yorkville B -2 Service Business
11 District and R -2 One - Family Residence District,
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12 and for hearing as to the annexation agreement of
13 the petitioner.
14 The real property consists of
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15 approximately 154 acres north of Route 71 and
16 west of Pavillion Road, Kendall Township, Kendall
17 County, Illinois.
18 MR. LESLIE: So moved.
19 MR. WOLFER: Second.
20 MAYOR PROCHASKA: Moved and
21 seconded. May I have roll call, please?
22 MS. MILSCHEWSKI: Besco.
23 MR. BESCO: Aye.
24 MS. MILSCHEWSKI: Leslie.
Service 630 983 -0030
Depo Court Reporting ( )
4
1 MR. LESLIE: Aye.
2 MS. MILSCHEWSKI: Wolfer.
3 MR. WOLFER: Aye.
4 MS. MILSCHEWSKI: James.
5 MR. JAMES: Aye.
6 MS. MILSCHEWSKI: Ohare.
7 MS. OHARE: Aye.
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8 MS. MILSCHEWSKI: Burd.
9 MS. BURD: Aye.
10 MAYOR PROCHASKA: Motion is carried.
11 We are now in public hearing. I would ask if
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12 there is a representative from the petitioner who j
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13 would like to make a presentation. I
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14 WHEREUPON:
15 RICH GUERARD,
16 testified before the Yorkville City Council as
17 follows:
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18 MR. GUERARD: Good evening,
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19 everyone. Rich Guerard from Wyndham Deerpoint
20 Homes. We are partners and developer and
21 actually are the owner of this property, and as
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22 the mayor had stated, we are seeking annexation F
23 and zoning, which is what is up for tonight.
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24 I thought I'd also show you,
Depo Court Reporting Service (630) 983 -0030
5
1 since a part of that would actually be the
2 preliminary plat and the project itself, briefly
3 describe the project and explain maybe where some
4 of the differences are now.
5 It's been before you a couple
6 of times. The plan is consistent with the City's
7 Comprehensive Plan, it was consistent with the
8 concept plan, it was approved before, it went
9 before the Development Committee.
10 We are not seeking any
11 variances from the ordinances, so it's presented
12 as a PUD because there is a commercial component
13 that I can talk about.
14 I think one of the things --
15 You will see two plans here that I'm showing, and
16 the reason I wanted to show that, the bottom plan
17 is what's been presented to the Planning
18 Commission before and what was consistent with
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19 the concept plan that you had seen before.
20 We are also proposing some
21 modifications of that based on the hearings that
22 we've had before the City and some of the
23 comments between various Staff and neighbors and
24 other people and have tried to accommodate some
Depo Court Reporting Service (630) 983 -0030
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1 of their concerns.
2 So I would like to explain some
3 of the changes that we made last time in response
4 to this so that you can see that, and I'll keep
5 it brief and answer any questions that you may
6 have.
7 A few changes that we have made
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8 to this plan -- and we have commonly called it
9 the Chally property. It was made up of a portion
10 of the Chally farm and also part of the Anderson
11 farm. Everything was north of 71. f
12 And then the commercial area
13 over in the corner, there was some concern
14 particularly by a neighbor here that this
15 commercial piece was too close. You'll see that
16 we have modified this portion of this.
17 Mr. Chally has retained this
18 property, approximately five acres, so that
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19 parcel is not being rezoned commercial and
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20 remains a part of his -- of his farm.
21 Now, north of that is our lots
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22 and then that's the cemetery to the north. That
23 commercial area is a little bit smaller than it
24 was before, a little more compact, which we do
Depo Court Reporting Service (630) 983 -0030
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1 think better fits the area and what is there.
2 The neighbors in this section
3 had a number of concerns, principally four
4 concerns, that we have tried to address.
5 One of them had to do with
6 stormwater, which they are concerned about
7 because of some flooding that occurs on their
8 properties.
9 We have got along further in
10 the engineering and so we decided, you can see
11 that there is another detention area that's right
12 here to address some of these areas, and we
13 continue to work with that.
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14 The property will be designed
15 with all of the county's and the city's
16 stormwater ordinances and be reviewed by all the
17 engineers, the consulting, the city engineers,
18 our engineers, so we will be complying with all
19 of the stormwater issues and concerns.
20 Another concern was this
21 connection. You see here that we had originally
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22 proposed a connection into the existing street of
23 this subdivision, and there was a lot of concern G'
24 and really I would say objection about that, by
Depo Court Reporting Service (630) 983 -0030
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1 the existing homeowners.
2 In reviewing it, I think we
3 have six other entrances into this subdivision.
4 We didn't see any reason why we needed a road
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5 that goes through their subdivision, so that's
6 been taken out. That no longer is existing in
7 there.
8 We feel like there is plenty of
9 access. This has an access to the north through
10 this subdivision, there is another access on
11 Pavillion, there is two accesses onto Route 71,
12 in addition to the other future ones that have
13 been planned. So that's been removed.
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14 And the final concern that was
15 raised was the size of the lots. They were
16 interested in seeing larger lots. This is a
17 county subdivision with lots I think that go
18 anywhere from an acre to two or two and a half
19 acres, depending upon whether it's a pie- shaped
20 lot.
21 And we had larger, deeper lots
22 there, but now what we have done, we have gone
23 through and taken out more lots, and these lots
24 that all abut that subdivision are a minimum of
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Depo Court Reporting Service (630) 983 -0030
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1 20,000 square feet, and their average is about
2 24,000 square feet, so they are really
3 estate -sized lots, for -- well, for a sewer and
4 water lot, an average of 24,000 square feet is
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5 pretty large lots, and they are also a minimum of
6 200 feet deep, so they are deeper than our normal
7 lots that we have. Our normal lots would be from
8 125 to 150, and these are 200. {
9 The rest of the lots we see
10 here, these are 90 -feet widths, and these small
11 ones here are 12,000 square -- I mean, 80 foot,
12 but they all exceed 12,000 square feet. And I
13 think the average among those lots is like 14,000
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14 square feet.
15 So, once again, we are not
16 looking for any type of variances from lot sizes,
17 significantly larger than your requirements on
18 average.
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19 We have a few other things, one
20 is this park. You'll see the park is here. We
21 had three lots along the north edge of the park
22 up here. We decided to go ahead and take those
23 out, although the Park District didn't ask us to,
24 it makes a larger park. It's increased it by
Depo Court Reporting Service (630) 983 -0030
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1 about 50 percent, and now we don't have lots
2 backing up, it's all street sided.
3 One of the advantages that
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4 gives is parking. When people -- As you know,
5 when the parks get active, people can park all
6 along there. We don't have any loaded lots on
7 that park, it's all single loaded, and there will
8 be able to be much more parking and ease of use.
9 This is also another park down
10 here, we talked to the Park District about it. j
11 It contains some trees and has some usable park
12 space and then some has trees, so we are going to
13 get a mixed credit from that, but we have kept
14 that park in that location also. So I think
15 that's a pretty good summary.
16 I mean, we've kept -- You don't
17 see it here very well, but there is planned a
18 trail system that takes it all the way through
19 the property. It's the same as that you saw
20 before.
21 It will connect the property j
22 that we are going to talk about next to the south
23 and also connects to the property to the north.
24 And I think in summary that's
Depo Court Reporting Service (630) 983 -0030
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1 it. I'd be happy to it answer any questions that
2 you might have. As I said, I know it's for
3 annexation and zoning, not for preliminary plat,
4 but I wanted to show you where we are at in the
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5 current proposals.
6 MAYOR PROCHASKA: I'd open the floor
7 -to anyone that would like to come forward and
8 question the petitioner or give comment to City
9 Council. Please come forward, state your name.
10 WHEREUPON:
11 RANDY SCOTT,
12 testified before the Yorkville City Council as
13 follows:
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14 MR. SCOTT: My name is Randy Scott,
15 I live at 45 Highview Drive. Some of you have
16 seen me here before, some of you may not.
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17 I'm sure you recall the
18 petition; I don't know how many people got the
4
19 petition that we delivered to the Plan
20 Commission. If anybody needs a copy of it, I
21 have it. All of the homeowners that adjoin this
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22 property -- I shouldn't say all of them. !
23 Rephrase that, a majority of them, and they were
24 here at the first Plan Commission meeting.
Depo Court Reporting Service (630) 983 -0030
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1 Unfortunately the timing
2 tonight of this meeting doesn't allow for all of
3 our friends to be here, but we support them.
4 So does anybody need a copy of
5 that or did you all get a copy?
6 MR. WOLFER: I'd like a copy.
7 MAYOR PROCHASKA: We need to put a
8 copy to the clerk for the minutes.
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9 MR. SCOTT: You will note in
10 reviewing these that everybody -- well, most --
11 here again, let me correct my language. I'm
12 sorry.
13 Most everybody that adjoined
14 these property -- this property here has signed
15 that. We are opposed to the density. We are
16 concerned about the run -off.
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17 Yes, they have addressed some
18 of the issues, there is no question about that,
19 and for that we give thanks. We appreciate that.
20 But you check the addresses
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21 there. I don't know if anybody ever has the time
22 or if you go through and do all that. You will
23 see what we are talking about.
24 One concern I have that I'd
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Depo Court Reporting Service (630) 983-0030
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1 like to show on this map is I live right here at
2 45 Highview, and these lots are going to have to
3 be scooted over a little because I personally
4 have a 940 -foot easement down here that's 22 feet
5 long. That's going to affect the backup of these
6 lots.
7 Now, earlier we had talked
8 about the possibilities of putting a berm in
9 there between those. We also talked larger lots.
10 Yes, they increased the lot sizes. That's great.
11 Many concerns, though. We've
12 got these size lots with these backing up. The
13 infrastructure, I just don't -- We are concerned
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14 about being able to handle all the roads.
15 As you know, Yorkville is
16 getting to be -- Yorkville is booming, okay? We
17 can't handle the traffic we've got. The density
18 that we are putting in the town here and
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19 everything we're doing, our roads are just
20 over - burdened.
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21 This commercial area, yes,
22 that's been corrected, but we've got another
23 development going up here where there is homes l
24 going in. We have got the fairgrounds up here.
Depo Court Reporting Service (630) 983 -0030
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1 I would like the Council to
2 consider rethinking how some of this stuff is
3 going to wrap around there.
4 Once again, we talked about
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5 drainage, we talked about larger lot sizes. They
6 did change the through streets.
7 Some of these other
8 subdivisions, now I know that coming up in this
9 across the road there is going to be one -acre
10 home sites. Why can't we have one -acre home
11 sites on our side of the road?
12 Drainage, I don't know if any
13 of you saw the drainage situation. I won't pull
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14 these out unless there is a need to. Has
15 everybody seen the pictures of the water? If you
16 have not, I think that you should see them.
17 If I may here. Now,
18 unfortunately, I don't have good pictures of
19 everybody's property, but the waters flow through
20 there pretty rapidly.
21 It is good to see this here,
22 that they have corrected some of that there.
23 There is tons of water that comes through here,
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24 but now when you get down here and you open these
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Depo Court Reporting Service (630) 983
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1 creeks or these -- they drain off into the creek,
2 that creek needs to be cleaned out. That creek
3 is plugged all the way to the river. That's
4 another reason we flood out there.
5 So if we put these in here and
6 we overflow into the creek and you follow that on
7 down to the river, that's part of the reason we
8 flood. The other reason is because of the tiles
9 in the field and such out here. j
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10 Our concern is with this
11 density, with the asphalt, the concrete, the +
12 homes, the development, that there's going to be 1
1
13 more of a problem.
14 This was 2004. Water
15 completely circled my house, and I live very high
16 up here by the cemetery. There was run -off
17 through here, circled around my house, blew the
18 basement window out. I had four inches of water
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19 in my basement. I can pass these around if you
20 like.
21 And this is down -- this is
22 down at the end of the subdivision where that
23 road was going to go through right down in here.
24 I mean, we have nothing but
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1 floods. Nothing but floods. So I ask that if
2 you do approve this, should you approve this, you
3 take a look at all these things. You look at
4 this very carefully.
5 You come out there on a rainy
6 day. It is just unbelievable. The creek is
7 going to have to be cleaned out before you put
8 this in. It's full of trees. It's a mess. The
9 Fox Road there, it's terrible. It's terrible.
10 Don't get me wrong, we like it
11 there, but I don't know, just many, many, many
12 issues.
Schaefer Woods
13 Shadow Creek, ,
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14 there is plenty of places around, you all know
15 the areas, they've all got large lots.
16 I feel we're going the right
17 direction, I think they have made some positive
18 steps with the changes, I don't want to discredit
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19 anything that they have done, but I just ask that
20 you consider all these things.
21 And really, really what would
22 be ideal, put yourself in some of these people's
23 spot, you know? You've got one -acre lots or two
24 in some cases, these lots up here are larger
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1 backed up to this.
2 How about a berm there? What's
3 going to happen to my easement that I have?
4 That's recorded. That's a recorded deed. You
5 can check on it at the courthouse. That goes
6 down there, okay?
7 These are some questions I
I
8 have. These are questions that some of my
9 neighbors have. These are things we have all
10 talked about, and I ask that you consider these.
11 MAYOR PROCHASKA: Thank you.
12 MR. SCOTT: And I thank you very
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13 much.
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14 MS. BURD: Can I ask him a question?
15 MAYOR PROCHASKA: Hear their
16 testimony first. Is there someone else that
17 would like to come forward and testify? Sir.
18 WHEREUPON:
19 JIM LEE,
20 testified before the Yorkville City Council as
21 follows:
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22 MR. LEE: Hi. I'm Jim Lee. I live
23 up here on 71. If I could go over there on the
24 map.
Depo Court Reporting Service (630) 983 -0030
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1 I've just got some concerns.
2 What's going to happen with the creek that runs
3 through, Timber Creek, and comes here? It shows
4 it dead -ends. What are they going to do with the
5 creek there with the water?
6 Also, up here, this is good,
7 they have the lake here, but I have water that
8 comes off of Mr. Chally's and runs down to my
9 property and then comes back in. Is that going
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10 to continue or --
11 MR. GUERARD: I can give you an
12 overview of what will happen, and we will be
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13 capturing the water that comes on our project and
14 then managing it, and so it won't be going on and
15 off our property onto yours. It will be captured
16 before that happens.
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17 MR. LEE: Now, is there like an
18 overflow on this lake?
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19 MR. GUERARD: Yes, there will be
20 one.
21 MR. LEE: And where will that go to?
22 MR. GUERARD: Goes to this pond and
23 then out.
24 MR. LEE: Okay. All right. What
Depo Court Reporting Service (630) 983 -0030
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1 are we going to do down here with this creek?
2 What are we going to do with that? Timber Creek
3 meets up with this creek.
4 MR. GUERARD: I would say to you
5 this is the zoning and the annexation, and so
6 there will be -- there is two other whole
7 processes to go through, preliminary plat will
8 have a lot more detail, the stormwater study and
9 all the things that you are asking for.
10 Then there is another level of
11 final engineering that also comes back through
12 here, so those answers will be much better
13 detailed and presented later on, and all that
14 works to accomplish it.
15 So something might have to
16 change here because of that if the engineering
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17 dictated that, but it will be addressed. I mean,
18 the City has very strict ordinances about
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19 stormwater.
20 MR. LEE: Okay. All right. And the
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21 same thing then with cleaning the creek?
22 MR. GUERARD: Anything that would
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23 have to happen, it's our --
24 MR. LEE: That's just my concern,
Depo Court Reporting Service (630) 983 -0030
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1 you know, because it's -- there's a lot of
2 water -- as Randy said, there's a lot of water
3 that moves around that area.
4 UNIDENTIFIED AUDIENCE MEMBER: Well,
5 the lake over on the other side of the road.
6 MAYOR PROCHASKA: Sir, sir, one at a
7 time. You are welcome to come up in a moment if
8 you would like. Thank you.
9 MR. LEE: That's all I have to ask.
10 MAYOR PROCHASKA: And, again, it's
11 not that I don't want you to speak, but again, we
12 have a court reporter that's trying to take
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13 everybody's discussion.
14 If we have a couple people
15 talking at one time, it's hard for her to do
16 that, so we need to be aware of that.
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17 Is there someone else that
18 would like to come up and comment? Sir.
19 WHEREUPON:
20 MOLA RAFIEI,
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21 testified before the Yorkville City Council as
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22 follows:
23 MR. RAFIEI: Hi. My first name is
24 Mola, my last name is Rafiei, R- A- F- I -E -I, and I
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1 live at 6 Hillside Drive.
2 I believe Randy had a lot of
3 good points regarding what's going on right now
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4 in our subdivision, but the other problem we have
5 is this creek.
6 This creek runs actually
7 through private properties, it goes through
8 people's back yard, and what's going to happen if j
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9 it's going to overflow? People's back yard is
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10 pretty much -- it's gone.
11 You are going to have a flood J
12 in your back yard, okay, because of overflow from j
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13 this subdivision going to the private properties,
14 okay? Now --
15 MAYOR PROCHASKA: That's a concern.
16 MR. RAFIEI: That's my concern.
17 Now, I know the growth is coming. I don't have
18 nothing about growth and I love growth, as long
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19 as it's sensible and under control.
20 But here we have a school
21 system -- We have a problem already, okay? I'm
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22 also certain pretty much everybody read the
23 dialogue, okay?
24 We have a school system that's
Depo Court Reporting Service (630) 983 -0030
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1 overloaded already. The school system is
2 actually choking, okay? You've got average class
3 size of 30 to 35 students.
4 The test for the -- it was a
5 state test, we didn't do -- our school system
6 didn't really do good in that, okay, because of
7 the -- they were talking about the school size --
S the class sizes and so forth.
9 Now, we have the new school
10 that they are building in Grande Reserve, and
11 that's the board, from Dr. Engel, okay, they
12 don't have enough money to open that school
13 because -- You know, there is two choices, okay? i
14 Don't open the school or raise the taxes. That's
15 going to come -- the referendum is coming in
16 March I believe.
17 Now what they're going to do?
18 If this pass, okay, I guess it's going to help. 1
19 If it didn't pass, what's going to happen?
20 MAYOR PROCHASKA: That's not this
21 meeting, sir. We want to stay on --
I
22 MR. RAFIEI: Well, this is
23 basically -- It's going to be all connected to
24 each other, okay? Now, if it did pass, okay,
I ,
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23
1 what are we going to do?
2 Are we taxing the senior
3 citizen that are in the fixed income out of the
4 city? Are we going to do that?
5 Now, what's going on in this
6 subdivision? It's just too crowded, too many
7 houses.
8 How about when you set up R -2,
9 straight R -2? How about a park? How about the
10 park? How about instead of giving -- I know
11 Chuck is a nice guy, no problem with him.
12 How about instead of giving it
13 straight R -2 to this subdivision, okay, every lot
14 in this subdivision is one acre or two acre or
15 two and a half acre lots, okay?
16 Instead of giving an R -2, how
17 about a PUD, planning unit development, okay?
18 And then you have the control, okay?
a'
19 You have the control. You can
20 dictate what type of lots go on there. If it's
21 going to be a straight R -2, you don't have no j
I
i
22 control anymore. You lost your control. You
23 cannot dictate anything. You cannot.
24 Technically you cannot.
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24
1 MAYOR PROCHASKA: Well, sir, just to
2 answer that particular question, in the City of
3 Yorkville, whether it's a PUD -- and we've done
4 many PUD's in the City of Yorkville, so we are
5 quite familiar with them, and the other issue
6 that we have in Yorkville that many other towns
7 .don't have is regardless whether it's a PUD or
8 straight zoning, there is always, always, an
9 annexation agreement that sets the requirements
10 and standards.
11 MR. RAFIEI: Okay. Same track. We
12 are on the same track, okay.
13 MAYOR PROCHASKA: Okay.
'I
14 MR. RAFIEI: And, therefore, I
15 really don't think that you should approve this
16 subdivision for R -2, okay? If you approve it, it
17 should be planned unit development.
18 MAYOR PROCHASKA: Okay.
i
19 MR. RAFIEI: That's it.
20 MAYOR PROCHASKA: Thank you. Anyone
21 else? Yes, sir.
22 WHEREUPON:
23 MIKE STODDARD,
24 testified before the Yorkville City Council as
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25
1 follows:
2 MR. STODDARD: My name is Mike
3 Stoddard. I reside at 110 Hillside Drive. And
4 I'm not going to sit here and beat the lot sizes
5 to death.
6 I mean, everybody in our
7 subdivision wants to see these lots much, much
8 larger than what they are.
I
9 And the only point I'd like to
10 make is the reason that all of this growth is
11 coming, and certainly everybody wants to welcome
12 the new people that are coming here, and they are
I
13 moving here because it is a fine community, and I
14 enjoy living here and have for a long time, and
15 some people have lived here for a lifetime.
i
16 Let's remember the people that made it a nice
17 community.
18 MAYOR PROCHASKA: Thank you. Anyone
19 else?
20 (No Response)
21 MAYOR PROCHASKA: At this time, if
22 someone on the council, Val, you had a question?
23 MS. BURD: I would like to ask this
24 gentleman.
J �
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26
1 MAYOR PROCHASKA: Sure. That would
2 be Randy.
3 MS. BURD: You mentioned the berm,
4 you were still interested in having the berm put
a
5 in, and I thought that we had discussed that at
A
6 one of the other meetings and it had been
a
1
7 mentioned that that would interfere with the
8 water flow.
I
9 I mean, wouldn't that actually
10 trap the water on your side of the berm?
11 MR. SCOTT: I know we talked about
12 it, but I don't recall the outcome of it. I'm
I
13 sorry.
14 MS. BURD: Okay. Well, wouldn't
15 that trap the water on your side of the berm?
16 The problem is you have water on your property
17 _and it's not water flowing from there to you,
18 isn't it from you to them?
i
19 MR. SCOTT: Well, actually where it I
20 comes from is up here, in this area here, comes
21 from behind the cemetery and comes out -- and I
22 don't know the people -- I don't know if it comes
23 out on Jeff and Beth's property, but also on the
24 property next to theirs, it comes out from the
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1 field and up here by the cemetery and up by
2 Mike's house, it comes out back here, mostly and
3 comes down through. If they stop it here, it's
4 going to follow on down.
5 MS. BURD: Well, is it then on your
6 side of the berm?
a
7 MR. SCOTT: It will be -- No. If
8 they put the berm on the line, no.
9 MS. BURD: Then it would be on your
10 side?
11 MR. SCOTT: Yeah.
12 MS. BURD: Okay. That's what I was
13 wondering. If they put a berm in, if it would
i
14 -stop the flow of water.
15 MR. SCOTT: It would -- You would
16 have to redirect it, right?
17 MR. GUERARD: Yeah. To -- Haven't
i
18 asked the question, but as far as responding, it
19 was brought up, the question about a berm, and we
20 took a look at it, and what we decided to do was
21 rather than the expense of the berm, take out
22 lots and make bigger lots, and for a couple of
23 reasons.
24 One is I am very concerned, the
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1 water is across the backs of quite of few of
2 these lots, and it also comes up around in here
3 again, you have the same situation.
4 If you start to build a large
5 berm and it runs all the way around this
6 property, it seems to me it would exasperate the
7 stormwater instead of helping at all.
8 These are -- You know, this was
9 before stormwater regs, so there is no detention
10 in this subdivision, and then right now there is
11 nothing in this farm field.
12 The whole thing flows right
13 into -- you know, all together, there is no
14 controlled system, so -- And I know the City -- I
15 can't speak for the City engineer, but he was
16 here for the Planning Commission, and I think he
17 agreed that the stormwater system will
18 dramatically improve the stormwater system here
I
19 when it's designed and put in.
20 And I know you've all seen it
21 before and experienced it, it always does. I
I
22 have been building subdivisions for 20 years. I
23 have never ever built a subdivision under these
24 codes that doesn't dramatically improve all the
II I
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1 stormwater around it because they design for
2 about 150 percent of the actual flows that they
3 anticipate to catch up with some of the situation
4 that has happened in past years.
5 MS. BURD: And that would also
6 address the one gentleman's concern about the
7 flooding in his back yard? Because you can't --
8 isn't that correct, you can't allow water to go
9 flooding off into another --
10 MR. GUERARD: Right, you can't. We
11 have to capture it and manage it and then control
12 it.
13 MR. SCOTT: This project is going to
14 be quite a challenge. I have talked with Richard
15 on several occasions.
16 There are drain tiles that come
17 out here, and if we were to, I don't know,
18 whatever, re- engineer this, stop this here and
19 then come out down here by Nick's property here,
20 he's got --
I
21 MR. STODDARD: Two.
I
22 MR. SCOTT: How many do you got?
23 MR. STODDARD: Two.
24 MR. SCOTT: The trade is to catch
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1 that, but then our next concern is even if we
2 don't go with a berm is after you do put it here,
E
3 obviously I know we have had overflows, but put
I
i
4 it into the creek.
I
5 If you put it into the creek, [
t
6 you should have somebody clean the creek first f
i
7 because it doesn't handle what we've got now, and
8 I realize, yeah, you'll be taking some of that
9 away, and I appreciate your comment there. j
10 There will probably always be
11 water in here because there wasn't any codes when
i
12 this was set up. We don't have enough streets
13 and sewers.
14 The county was kind enough to
15 help me with my property. I'm sure there is
16 people in this room that know that, that want
17 this work here, and you know why they went with
18 this work in my yard? They helped me pay for
i
i
19 this.
20 I didn't think some of my
21 neighbors knew this, but they did, and if you
22 want -- I don't know if you want to pass this
23 around or not, but they did that because somebody
24 made a mistake, and the reason we keep bringing
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31
1 it up and bringing it up to you, Richard, and to
2 you folks, is you know what water can do.
3 There's always a hundred year
4 rain that nothing is going to work, we all know
5 that, but if we plan accordingly, we appreciate
6 the fact that we all can work together to make it
7 manageable. And I thank you.
8 MR. GUERARD: And this is -- Much of
9 what he said we are aware of and are working j
10 with -- the drain tiles, for instance, we have
11 done a detailed drain tile study of this whole
12 area to know where the drain tiles are, and under
I
13 your ordinances, we have to deal with those, they
14 have to be connected, they have to -- we can't
15 simply break them and disconnect them.
16 We have to take that water and
17 manage it, too, so I mean, all of these things
18 that you are saying is part of the engineering
19 that has to be done.
20 MR. SCOTT: One other thing I'd like
21 to add to you, Richard, and to you folks if I may
I
22 while we are on this, some of us, well, I for
23 one, sump pumps, we run them out in our back
I
24 yard, and now because we have no drainage for our
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1 property, whereas before, you know, you could
2 pretty much let everything fly, what's probably
3 going to happen is the county or somebody's going
4 to -- or the township is going to have to come in
I
5 provide more drainage for those of us that have
I
6 sump pumps.
7 You are going to have another
8 situation there because, yeah, back to what you
6
9 said, we can't manage the water we've got, and
10 that's why we're really concerned about extra
11 water and extra run -off.
12 MAYOR PROCHASKA: Thank you.
i
13 MS. BURD: I have one more comment
14 and I will make it quick. For the gentleman who
15 was mentioning about the school district
16 problems, we had brought up as a council a
17 possibility of having a moratorium on development
18 in our community, and the school district
19 informed us that they were not in favor of that,
20 so we can't secondguess how they want to approach
21 the growth, but they do not want us to have a
22 freeze on growth in the community.
23 From what I understand, they
24 want more rooftops so that commercial will come
Depo Court Reporting Service (630) 983 -0030
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1 in and they will get more sales tax and that kind
2 of thing. Is that correct?
3 MAYOR PROCHASKA: Well, I think part
4 of it also, trying to think back to that meeting,
5 was -- one of the things they commented on was
6 the City of Yorkville is only one community
9
7 that's putting school children and houses into
8 the school district, and when you look at the
i
9 quality and the densities that we are approving
10 in Yorkville, we are much lower than some of the
11 other communities that are going in, and we are
i
12 at the same time working with developers to build
13 the schools and provide space, so I think that
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14 was part of their thought also.
15 MS. BURD: But they did not want us
16 to --
17 MAYOR PROCHASKA: They were not for
18 us to stop the growth, no.
I
i
19 MS. BURD: Which surprised me, but
20 that was their position.
21 MR RAFIEI: Strange.
22 MAYOR PROCHASKA: Is there anyone
23 else on the council that would like to make
I
24 comments?
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1 (No Response)
2 MAYOR PROCHASKA: If not, I have a
3 couple comments, Rich, on the actual annexation
4 agreement itself.
5 First, if you go on Page 14 of
6 your capture agreements, I just want our staff to
7 verify Y because it says that there is no other i
8 recapture known, and I'm not sure if this
9 property was part of -- there was I think a water
10 main and river crossing many years ago and I just
11 don't know how far that went. I just want to
12 make sure that we verify that that's not in
13 there. j
14 MR. GUERARD: I remember the river
15 crossing well --
16 MAYOR PROCHASKA: That's right.
17 MR. GUERARD: -- since I paid for a
18 lot of it.
i
19 MAYOR PROCHASKA: So I just want to
I
20 know whether that's in there or not.
21 The other issues I have is on
22 the next one, when you talk about special service
23 area as a primary funding for the common --
24 maintenance of the common areas and facilities,
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1 normally we don't make that the primary, it's the
2 secondary and it's a backup.
3 The way I am reading this is
4 that basically you'd be turning all the common
i
5 areas and everything over to the City and it f
e
6 would be up to the City to determine if a
7
7 homeowner's association is created.
S MR. GUERARD: We are not intending
9 that unless the City requests it. It is just a I
10 backup.
11 MAYOR PROCHASKA: And then I think
12 someone needs to look at the wording here, that's
13 not what I am reading.
I
14 MR. GUERARD: We are not proposing
15 an SSA for this project. That's not part of our
16 annexation agreement.
i
17 MAYOR PROCHASKA: Actually it is.
18 That was going to be my next statement, is on
'i
19 Page 16, it does say that the owner and developer i
20 and their successor grantees agree to properly
V
21 establish a special service area. The City is
22 named, also. The site of the property utilized
23 as a primary funding mechanism for certain
24 eligible structure costs. So that is --
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1 MR. GUERARD: We are withdrawing
2 that request.
3 MAYOR PROCHASKA: Thank you. I had
4 that marked on here.
5 And then the other -- the only
r
6 other thing I had marked on here, Rich, is on
I
7 Page 17, talking about the off -site easements and
8 construction.
i
9 It talks about the City
10 would -- that if you could not get off -site
11 easements, that the City -- it says shall
12 exercise its power of eminent domain to acquire
13 the same.
I
i
14 You are aware of our new city
15 policy, the only way we will do that is if it's
16 for public infrastructure.
i
17 So, again, that would actually
18 be for things dealing with economic development.
G
19 MR. GUERARD: We understand that. f,
20 MAYOR PROCHASKA: Okay. Those are
I
21 the things that I just wanted to point out that
22 we'll change, and just for the record, these
23 are -- I think your other annexation agreement is
if
24 almost exactly the same, so it's the same
i
i
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37
1 comments.
2 MR. GUERARD: Correct. It is.
3 MAYOR PROCHASKA: Thank you. Anyone
4 else?
5 (No Response)
I
6 MAYOR PROCHASKA: And just also as a
7 point, I am thinking maybe what I'd like to see,
8 and the Council, you know, you guys can decide,
9 but as far as the special service areas for
10 improvements, I am thinking that I would like to
11 not see anything stronger than maybe what was put
12 in the Pulte agreement that just says they are
13 allowed to ask until such time as the Economic
14 Development Committee has a chance to do the
15 research they are doing.to make their
16 recommendations to the City Council, because I
17 think at this point that's kind of still up in
18 the air. So if you are pulling it, as long as
19 it's gone, it's not an issue here. j
20 If there is no further comment,
21 I would entertain a motion to close the public
f
22 hearing.
23 MS. BURD: 'So moved.
24 MS. OHARE: Second.
I
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1 MAYOR PROCHASKA: Moved and second.
2 May I have roll call, please?
3 MS. MILSCHEWKSI: Besco.
4 MR. BESCO: Aye.
5 MS. MILSCHEWSKI: Leslie.
6 MR. LESLIE: Aye.
i
7 MS. MILSCHEWSKI: Wolfer.
8 MR. WOLFER: Aye.
9 MS. MILSCHEWSKI: James.
10 MR. JAMES: Aye.
11 MS. MILSCHEWSKI: Ohare.
12 MS. OHARE: Aye.
13 MS. MILSCHEWSKI: Burd.
I
14 MS. BURD: Aye.
15 MAYOR PROCHASKA: Motion is carried.
16 I would now like to entertain a
I
17 motion to open a public hearing to discuss JS &
18 WD Development, LLC, Harry Anderson and William
19 Galvin, Jr., Petitioners, request to annex to the
I
20 United City of Yorkville and rezone from Kendall
21 County A -1 Agricultural to United City of
22 Yorkville R -2 One - Family Residence District, and
23 for hearing as to the annexation agreement of
24 petitioner.
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1 The real property consists of
2 approximately 178.3 acres south of Route 71 and
r
3 west of Legion Road, Kendall Township, Kendall
4 County, Illinois.
fl
5 MS. BURD: So moved.
a
6 MS. OHARE: Second.
7 MAYOR PROCHASKA: Moved and
8 seconded. May I have roll call,,please?
9 MS. MILSCHEWSKI: James.
10 MR. JAMES: Aye.
11 MS. MILSCHEWSKI: Leslie.
12 MR. LESLIE: Aye.
13 MS. MILSCHEWSKI: Munns.
,I
14 MR. MUNNS: Aye.
15 MS. MILSCHEWSKI: Ohare.
16 MS. OHARE: Aye.
i
17 MS. MILSCHEWSKI: Wolfer.
18 MR. WOLFER: Aye.
I
19 MS. MILSCHEWSKI: Besco.
i
20 MR. BESCO: Aye.
21 MS. MILSCHEWSKI: Burd.
22 MS. BURD: Aye.
23 MAYOR PROCHASKA: Motion is carried.
I
24 We are now in public hearing, and, Rich, if you
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40
1 would like to make a presentation.
2 WHEREUPON:
3 RICH GUERARD,
4 testified before the Yorkville City Council as
i
5 follows:
6 Thank you, everyone. For the
7 record, my name is Rich Guerard, appearing on
8 behalf of Wyndham Deerpoint and the development
i
9 of this project, which we have named Yorkwood j
10 Estates.
11 The mayor described the project !
12 and where it's located. It's approximately 178
13 acres, and once again this has appeared through
14 the concept plan process through the Community
15 Development Committee, and we are substantially
16 in conformance.
17 What I would like to do, once
18 again we are proposing some changes based on what
i
19 we have heard at the Planning Commission and from
20 neighbors and some other issues, and maybe I
21 could go through and talk about that.
22 But quickly an overview of the
23 project, the primary differences of the project
24 before, the lower here, is the project that we
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41
1 presented at the Planning Commission and looked
2 at, and once again the lots at the south are
3 minimum half acre lots. 1
4 This is a treed area and
5 what -- our plan here is that this is shown as
j 6 PUD, although we are requesting no variances from
7 your ordinances.
8 The reason is we have two
9 different sized lots, so we include it as a PUD,
10 although it really is all R -2 zoning. j
11 And what we have done here on
12 the south portion of it, as you said, there is
13 minimum half acre lots; on the north portion of j
14 it we had proposed this lighter yellow, which
1
15 were 10,000 square foot lots, and the darker
16 orange, which is a 12,000 square foot lot, with a
17 concept that all of these other ones were located
18 on significant open space.
19 The ro'ect now has -- just
P J J
�
20 approximately 47 percent of the project has been
21 put into open space, and the major changes we
22 have done, you can see -- this is to be a custom
23 home building area.
24 Our plan is to physically put
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1 in the improvements and sell custom home lots in
2 this area. We anticipate those homes will
3 probably be in the 600 to $900,000 range on the
4 custom homes, so -- and it is -- As I said, it's
5 in an area -- We have moved back. You can see
6 these lots located here. This area in the center
7 was really hard to use and we are going to
8 protect the trees, so we have made this a bigger
9 area where there is a fine grove of tree stand in
10 there, so we made it bigger to be able to save
11 more of the trees.
12 The property itself -- The
13 reason to go with larger lots in here, half acre
14 lots, we've got a subdivision very similar to
15 this that's under construction in Elgin, that's
16 going to be the Home Builders' show next year,
17 and by doing this with some conservation design
18 type of principles, we are able to -- meaning a
19 lot of it has to do with not mass earth work and
20 how we are designing to protect the trees, we are
21 literally planning to build the houses into the
22 trees and have the building plans decided before
23 we start going through the plans, so not only do
24 we save the trees in the open areas that are
Depo Court Reporting Service (630) 983 -0030
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1 being protected, but we also have a significant
2 amount of trees that will remain within the
3 project itself, within the homes.
4 If we were to go to the ten or
5 12,000 square foot lots and mass grade, between
6 the mass grading and the sewer and the water that
7 has to go in, it's almost impossible to save the
8 trees. You end up clear - cutting,the area.
9 Whereas in this case, we will
10 be able to preserve a large amount. There is a
i
11 similar subdivision, it's called Tall Oaks, in
12 Elgin. If anybody wanted to see it, you could
13 see how much can be preserved if you handle it
14 the right way.
15 So that's what's proposed to
16 the south with these lots. We have taken out
17 about eight lots I think from this portion --
18 from this project before, and that has to do with
19 what we are trying to do to preserve some of the
20 larger areas there.
21 And that's a detention. One of
22 the neighbors had pointed out there is a
23 significant amount of water through here at
24 times, so -- because of the creek, and we were
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1 studying that and we have increased the amount of
2 detention in that area to deal with that, and so
3 that engineering will continue.
4 Then north what we have done,
5 particularly the Planning Commission still didn't
6 feel comfortable with the 10,000 square foot lots
7 even on the open space, and now the minimum lot
8 size is 12,000 square feet, so we have no 10,000
9 square foot lots anymore. So, once again, this
10 conforms with your Comprehensive Plan.
11 The actual density on this
12 whole site is one per acre. Now, the lots are
13 really kind of the same size as the other lots on
14 the north side here, they are minimum half acre
15 lots, but because of the 40 percent open space --
16 and that's dictated a lot by the nature of the
17 sites. There is a lot of areas there that need
18 to be preserved. It wasn't all farm land that
19 was on this property or is on this property now.
20 So that's kind of a quick
21 summary. As I said, you know, there is also a
22 park that we have met with the park district here
23 on this area.
24 It's a natural location for the
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45
1 park because as you drive in you have an overlook
2 on all of this open area and the subdivision will
3 come right to the park here, and then you can see
4 that trail system we talked about that will go
5 north through the Chally portion.
6 This is part of the city's
7 long -range plan, and it is a trail system that
8 connects down here and goes all the way through
9 the project.
10 We will connect to that project
I
11 and then go all the way up through the trail
12 system, with the bike trail system, and we have
i
13 run that by the park district also as far as the
14 site.
15 And I think I've given you a
16 pretty quick summary. Not a whole lot has
17 changed, except we made some bigger lots and took
18 some lots out.
19 We planned this to be a
20 high -end subdivision. Be happy to answer any
21 questions that you might have.
22 MAYOR PROCHASKA: At this time I
23 would like to open the floor to anybody that
24 would like to come forward and make comment on
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46
1 this particular subdivision.
2 (No Response)
3 MAYOR PROCHASKA: Hearing none, is
4 there any comments from the City Council?
i
5 (No Response)
6 MAYOR PROCHASKA: Okay. Rich, just
7 again a reminder that most of the comments I had
8 on the other annexation agreement also apply to
I
9 this.
10 MR. GUERARD: The wonders of word !
i
I
11 processing, I used Patel to do the other one, so
i
12 I understand.
I
13 MAYOR PROCHASKA: With that, I would
i
14 entertain a motion to close the public hearing.
15 MR. BESCO: So moved.
- 16 MS. OHARE: Second.
17 MAYOR PROCHASKA: Moved and
18 seconded. May I have roll call, please?
19 MS. MILSCHEWSKI: Leslie.
20 MR. LESLIE: Aye.
21 MS. MILSCHEWSKI: Munns.
22 MR. MUNNS: Aye.
23 MS. MILSCHEWSKI: Ohare.
24 MS. OHARE: Aye.
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1 MS. MILSCHEWSKI: Wolfer.
2 MR. WOLFER: Aye.
3 MS. MILSCHEWSKI: Besco.
4 MR. BESCO: Aye.
5 MS. MILSCHEWSKI: Burd.
i
6 MS. BURD: Aye.
7 MS. MILSCHEWSKI: James.
8 MR. JAMES: Aye.
9 MAYOR PROCHASKA: Motion is carried.
10 (Which were all the
11 proceedings had in
12 the public hearings.)
13 --- 000 - --
14
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15
16
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Depo Court Reporting Service (630) 983 -0030
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1 STATE OF ILLINOIS )
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2 COUNTY OF LASALLE )
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3
4 CHRISTINE M. VITOSH, being first duly
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5 sworn, on oath says that she is a Certified
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6 Shorthand Reporter doing business in the State of
7 Illinois;
8 That she reported in shorthand the
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9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing.
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14 IN WITNESS WHEREOF I have hereunto set
15 my an this _ day of
16 j 2006.
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S IN VITOSH, C.S.R.
21 CSR License No. 084 - 002883
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Depo Court Reporting Service (630) 983 -0030
Yorkville City Council Multi- Pagc $900,000 - concerns
November 22, 2005
among [1] 9:13 47:3,4 40:18 41:21
-$- -9- amount [41 43:2,10,23 Beth's [11 26:23 check [21 12:20 17:5
$900,000 [ 11 42:3 90 -feet [ 11 9:10 44:1 better [z] 7:1 19:12 children [11 33:7
940 -foot [11 13:4 Anderson [31 3:6 6:10 between [3] 5:23 13:9 choices [1] 22:13
- &- 38:18 43:5 choking [11 22:2
-A- annex [21 3:8 38:19 bigger [41 27:22 42:8,10 CHRISTINE [31 1:8
& [31 2:14 3:6 38:17 annexation [101 3:12 45:17 48:4,20
A -1 [21 3:9 38:21 4:22 11:3 19:5 24:9 34:3 bike [11 45:12 Chuck [1] 23:11
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bit [11 6:23 circled [21 15:15,17
084 - 002883 [11 48:21 42:18 43:10 answer [4] 6:5 11:124:2 blew [11 15:17
above - entitled [11 1:7 45:20 citizen [11 23:3
answers [11 19:12 board [1] 22:11 city [3s] 1:1,2,102:10,11
abut [11 8:24
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access [31 8:9,9,10 anticipate [21 29:3 42:2 bottom[1] 5:16 11:8,12 17:20 19:18 20:21
10,000p] 41:15 44:6,8 accesses [1] 8:11 appeared [21 2:16 40:13 23:4 24:2 28:14
110 [11 25:3 accommodate [11 5:24 appearing [11 40:7 break [11 31:15 33:6 35:5,6,9,21 36:9,11
12,000 [s1 9:11,12 41:16 accomplish [1] 19:14 apply [11 46:8 brief [11 6:5 36:14 37:16 38:20,2140:4
43:5 44:8 briefly [11 5:2 46:4
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125 [11 9:8 30:9 31:5 bringing [21 30:24 31:1 city's [31 5:6 7:15 45:6
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acquire [11 36:
14,000 [11 9:13 approach [ 11 32:20 BROMBEREK [ 11 class [21 22:2,8
150 [21 9:8 29:2 acre [9] 8:18 23:14,14,15 PP 2:14 clean [11 30:6
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34:23 35:21 41:4,23 42:2 41:23 42:22
20,000 [ 11 9:1 addition [11 8:12 42:5,6,9 43:8 44:2,23 45:2 built [11 28:23 codes [z1 28:24 30:11
200 [2] 9:6,8 address [3] 7:4,12 29:6 areas [s] 7:12 16:15 34:24 Burd [221 2:5 4:8,9 17:14 comfortable [ 11 44:6
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2005 [11 1:9
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24 [21 9:2,4 adjoin [11 11:21 asphalt [1] 15:11 47:6 30:9 32:13 37:20 45:24
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40 [11 44:15 agree [11 35:20 38:4,6,8,10,12,14 39:10 carefully [11 16:4 common [3] 34:23,24
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Agricultural [21 3:9 backed [11 17:1 cemetery [4] 6:22 15:16 compact [11 6:24
38:21 backing [21 10:2 13:12 26:21 27:1 completely [ 1] 15:15
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600 [1] 42:3 air [11 37:18 center [11 42:6
backup [31 13:5 35:2,10 certain [2] 21:22 35:23 component [11 5:12
60563 [1] 2:15 Alderman [5] 2:3,4,6,7 based [21 5:2140:18 certainly [11 25:11 Comprehensive [21 5:7
Alderwoman [21 2:5,8 basement [21 15:18,19 Certified [11 48:5 44:10
-7- beat [11 25:4 challenge [1] 29:14 concept [41 5:8,19 40:14
71 [5] 3:15 6:11 8:11 Allegiance [1] 3:1 behalf [21 2:16 40:8 Chally 41:17
17:23 39:2 allow [2] 12:2 29:8 �al 6:9,10,17 45:5 concern [u1 6:13 7:20
allowed [11 37:13 behind [11 26:21 Chally s [11 18:8 7:23 8:14 12:24 15:10 {
7:00 [11 1:9 berm [13] 13:8 17:2 26:3 chance [11 37:14 19:24 21:15,16 29:6 30:1
almost [21 36:24 43:7 26:4,10,15 27:6,8,13,19 change [31 14:6 19:16 concerned [51 7:6 12:16
_8_ along [31 7:9 9:21 10:6 27:21 28:5 30:2 36:22 13:13 27:24 32:10
80 [11 9:11 always [s] 24:8,8 28:21 Besco [101 2:9 3:22,23 changed [1] 45:17 concerns [6] 6:17:3,4
800 [1] 1:9 30:10 31:3 38:3,4 39:19,20 46:15 chang [s1 6:3,7 16:18
g 7:19 13:11 18:1
Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983 -0030
Yorkville City Council Multi -Page concrete - include
November 22, 2005
concrete [i] 15:11 dealing [11 36:18 31:24 32:5 28:1144:18 growth U] 21:17,18,18
conformance [11 40:16 DEAN [i] 2:6 dramatically [z] 28:18 favor [11 32:19 25:10 32:21,22 33:18
conforms [i] 44:10 death [1] 25:5 28:24 feet [3] 9:1,2,4,6,12,14 Guerard [zi] 4:15,18,19
connect [z] 10:2145:10 decide [1] 37:8 drive [4] 11:15 21:1 25:3 13:4 44:8 18:11,19,22 19:4,22 27:17
connected [z] 22:23 decided [4] 7:10 9:22 45:1 few [3] 6:7 9:19 28:1 29:10 31:8 34:14,17 35:8
31:14 27:20 42:22 duly [1] 48:4 field [3] 15:9 27:1 28:11 35:14 36:1,19 37:2 40:3,7
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connection [z] 7:21,22 deed [i] 17:4 Fifth [11 2:14 guess [i] 22:18 €
connects [z] 10:23 45:8 deep [i] 9:6 - E - final [z] 8:14 19:11 guy[l] 23:11
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consider [3] 14:2 16:20 Deerpoint [3] 3:5 4:19 earth [i] 42:19 first [6] 11:24 17:16 20:23
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eminent [1] 36:12 flows [z] 28:12 29:2 heard [i] 40:19
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drainage [s] 14:5,12,13 farm [6] 1:96:10,11,20 grove [11 42:9
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983 -0030
Yorkville City Council Multi -Page TM income - pie- shaped
November 22, 2005
income [1] 23:3 License [11 48:21 mean [7] 9:1110:16 natural [1] 44:24 42:24 44:7,15 45:2,23
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44:1 lighter [1] 41:14 31:17 need [51 12:4,7 14:14 orange [1l 41:16
informed [11 32:19 meaning [11 42:18 20:16 44:17
line [1l 27:8 mechanism [1l 35:23 ordinances [s] 5:117:16
infrastructure [z] 13:13 literally [1] 42:21 needed [1l 8:4 19:18 31:13 41:7
36:16 live [s] 11:15 13:1 15:15 meeting [6] 1:1,6 11:24 needs [3l 11:20 15:2 originally [1] 7:21
instance [1l 31:10 17:22 21:1 12:2 22:2133:4 35:12 outcome [1l 26:12
instead [41 23:10,12,16 lived [11 25:15 meetings [1l 26:6 neighbor [1l 6:14 over- burdened [1]
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kind [51 30:14 33:1 37:17 makes [1] 9:24 motion [81 3:4 4:10 37:21 objection [il 7:24 22 :24 30:22
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knew [11 30:21 32 : 9 moved [9] 3:18,20 37:23 occasions [11 29:15 Patel [11 46:11
known [1] 34:8 manageable [1] 31:7 38:1 39:5,7 42:5 46:15,17 occurs [11 7:7 PAUL [11 2:3
moves [1] 20:3 off [41 15:1 18:8,15 29:9
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land [1] 44:18 marked [21 36:4,6 26:3,14 27:5,9,12 29:5 39:16 46:16,23,24
language [1] 12:11 MARTY [11 2:7 32:13 33:15,19 37:23,24 26:22 30:16
once [6l 9:15 14:4 40:13 [3l 16:22 21:8
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18:21,24 19:20,24 20:9 24:1,13,18,20 25:18,21 N[2] 2:1,13 One - Family [21 3:11 11:8 38:24
26:1 32:12 33:3,17,22 38:22 Petitioners [21 3:7 38:19
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Leslie [iol 2:4 3:18,24 36:20 37:3,6 38:1,15 39:7 20:24 25:2 40:7 ones [3] 8:12 9:11 41:17 physically [1l 41:24
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46:20 46:13,17 47:9 Naperville [11 2:15 open [121 11:6 14:24 pie- shaped [11 8:19
level [1] 19:10 22:12,14 38:17 41:18,21
Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983 -0030
e ms "` piece -
Yorkville City Council Multi-Page stormwater
November 22, 2005
piece [i1 6:15 29:13 35:15 40:9,11,23 rapidly [i] 14:20 right [141 7:11 13:1 15:23 shall [i1 36:11
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plan [14] 5:6,7,8,16,19 6:8 43:18 45:9,10 re- engineer [1] 29:18 27:16 28:10,12 29:10 show [51 4:24 5:16 11:4
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planned [4] 8:13 10:17 21:13 road [91 1:10 3:16 8:4 shown [i] 41:5
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38:15 39:7,23 45:22 46:3 y 39:24 40:3,7 46:6 stop [41 27:3,14 29:18
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Depo Court Reporting Service Index Page 4
Naperville, Illinois (630) 983 -0030
1
Yorkville City Council Multi- Page straight - zoning
November 22, 2005
7:19 19:8,19 28:7,9,17,18 thought [3i 4:24 26:5 20:7,18 23:8 26:20 27:1,1 yellow [11 41:14
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Depo Court Reporting Service Index Page 5 j
Naperville, Illinois (630) 983 -0030