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City Council Minutes 2005 01-11-05 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, JANUARY 11, 2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk D'Anna called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: Deputy Clerk D'Anna, City Administrator Graff City Attorney John Wyeth, Police Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham, and Executive Director of Parks & Recreation Brown. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked if the attachment they just received for the Consent Agenda Item #2 on the Over sizing and Recapture Agreement for Heartland and Heartland Circle needed to be reviewed. City Attorney Wyeth stated that a few adjustments were requested to be made and were discussed at Committee of the Whole. He said the changes have been put in place and that he had reviewed the document and the document before them was the corrected version. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, January 24, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, January 20, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, February 3, 2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Monday, January 13, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M., Wednesday, January 19, 2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the Citv Council — January 11, 2005 - nage 2 PUBLIC HEARINGS Richard Marker Associates, Inc. Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing Richard marker Associates Inc., request for an Amendment to the Annexation and Planned Unit Development Agreement to allow the subdivision of Lot 3 in Heartland Center Unit 1 in the United City of Yorkville, Kendall County, Illinois. So moved by Alderman Burd; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka- aye, Besco -aye Please see attached Report of Proceedings taken by 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 Ohare; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco - aye Annexation of Countryside Pump Station Site Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing the annexation of the territory hereinafter described as the Countryside Pump Station Site. So moved by Alderman Besco; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka- aye Please see attached Report of Proceedings taken by 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 Spears; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco - aye Annexation of Bruell Street Pump Station Site Mayor Prochaska entertained a motion to go into Public Hearing for the purpose of discussing the annexation of the territory hereinafter described as the Bruell Street Pump Station Site. So moved by Alderman Kot; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka- aye Please see attached Report of Proceedings taken by 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 Sticka; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco - aye CITIZEN COMMENTS None. PRESENTATIONS None. The Minutes of the Regular Meeting of the Citv Council — January 11, 2005 — uagg 3 CONSENT AGENDA 1. Temporary Sanitary Sewer Lift Station Agreement with MPI -2 Yorkville Central - authorize the Mayor and City Clerk to execute 2. Oversizing and Recapture Agreement for Heartland and Heartland Circle Subdivision - authorize the Mayor and City Clerk to execute 3. Lot 134 Kylyn's ridge — ratify plat of dedication 4. Rob Roy Creek Interceptor Contract 41 - Change Order #1— authorize 60 additional days to the contract and City Engineer to execute 5. Resolution 2005 -01 - Prairie Meadows IDOT Highway Permit Application and Resolution - authorize the Mayor and City Clerk to execute 6. Plat of Vacation for 514 W. Washington - authorize the Mayor and City Clerk to execute, subject to re- submittal of the plat of vacation accurately identifying the portion of land being vacated and subject to review by the City Engineer 7. Deuchler Engineering Agreement for West Branch of Rob Roy Creek Interceptor - authorize the Mayor and City Clerk to execute in an amount not to exceed $186,750. 000 for design services with a notice to proceed, subject to guarantee of funds by the developer. 8. Well 47 Well House & Treatment Facility - Change Order #5 — authorize decrease in an amount not to exceed$29, 096 00, 60 day extension of the contract and City Engineer to execute 9. Fox Highlands Subdivision — Bond Reduction #2 — authorize reduction in an amount not to exceed$860.251.97 10. Fox Hill Unit 7 - Letters of Credit Reduction #1— authorize reduction to the earthwork and erosion control Letter of Credit in an amount not to exceed $75, 850.44 and reduction to the onsite work Letter of Credit in an amount not to exceed $381,095.82 11. Windett Ridge Subdivision - Onsite Work Bond Reduction 42 — authorize reduction in an amount not to exceed$2 78,13 7.25 12. Ordinance 2005 -01— Prohibiting the Sale of Fireworks - authorize the Mayor and City Clerk to execute 13. Request for New Sergeant's Position, Effective Date April 1, 2005 14. Administration Office Workstation Purchase — authorize purchase from Remanufactured Systems, Inc. in an amount not to exceed$6, 530.00 Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco- aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the Committee of the Whole meetings from December 7, 2004 and December 21, 2004; seconded by Alderman Kot. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 30, 2004 totaling the following amounts: checks in the amount of $983,127.88 (vendor — revised 115105); $144,513.51 (payroll period ending 12/11/04) for a total of $1,127,641.39; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears - present, Sticka -aye The Minutes of the Regular Meeting of the Citv Council — January 11. 2005 - na g 44 REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on January 15, 2005 at Travel Services of Yorkville, 801 N. Bridge Street from 10:00 A.M. to 12:00 P.M. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT Executive Committee of the Aurora Area Convention and Visitors Bureau (AACVB) Alderman Burd reported they will be moving the offices at the end of March over by the Hollywood Casino. They are doing a fund raiser to encourage people to help fund the move and provide for extra amenities. They also are looking to increase the number of members of the board to include county people to increase tourism within Kendall County. In 2009 the Ladies Golf Tournament will be coming to Sugar Grove. Alderwoman Burd suggested that we might want to look at ways the Yorkville Business community could get involved in helping host the people coming to the event. Also, there is going to be a lobby day for the Illinois Convention and Business Bureau on February 17th in Springfield which Alderman Burd is going to try to attend. Senior Services Alderman Spears reported that on January 4th she attended the Northeastern Illinois Area Agency on Aging and they discussed the legislative forum Kane County held in December. The main outcome of the joint meeting was that the various agencies attending asked for an increase of $10 million for the various service programs including transportation dollars. Program 5310 which addresses providing new buses for not - for -profit associations did pass, money was appropriated in the budget, however the actual funds are not available at this time. Our governor just released the moratorium on independent living and The Older Adult Services Act passed in August. The focus is on independent living based on the individual's income. The main problem in Illinois is funding. The Kendall County Elder Friendly Summit Survey that was mailed out to various municipalities came back with an overwhelming response. A very positive result came from the Kane County Summit with the formation of a senior advisory monthly meeting. Individuals from groups in town get together to discuss various programs that would help our senior citizens. The Kendall County Summit is tentatively scheduled for the first week in April. They also discussed a township taxing program for specific senior programs and it was noted that townships could levy a certain percent for various senior programs, however, County's are required to pass the referendum. Alderman Spears also attended a meeting with various agencies and Dryer Clinic to discuss their no longer accepting new patients that were on Medicare or Medicaid and the new programs that they were accepting. The Minutes of the Regular Meeting 9f the Citv Council — January 11, 2005 — naee 5 COMMUNITY & LIAISON REPORT (con't) Human Resource Commission Alderman Spears reported that the Commission had a question regarding who should be contacted about traffic lights and the trouble seniors are having crossing Route 34 and Countryside at Route 47. Also, they proposed getting different signs for the historically named streets that are brown and white to distinguish them. Kendall County Mayors and Managers Meeting Mayor Prochaska reported that he attended the meeting with City Administrator Graff and a proposal has come from the County asking that municipalities look at collecting an additional $1,000 per any home built in the County for transportation improvements. Mayor Prochaska asked the Economic Development Committee to look as this proposal. Letter from Department of Economic Opportunities Mayor Prochaska reported that he did receive a letter informing the City that Route 47 was listed as a project with some dollars, however, the program was not funded in the last budget. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Bruell Street Pump Station Reaffirm Contract Award with Seagren Construction, Inc. A motion was made by Alderman Besco to reaffirm the approval of the Bruell Street Pump Station Award Contract with Seagren Construction, Inc. in the amount of $543,000; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd- aye ECONOMIC DEVELOPMENT COMMITTEE REPORT - Ordinance 2005 -02 Raintree Village — Unit 4 Authorizing Execution of Third Amendment to Annexation and Planned Unit Development Agreement A motion was made by Alderman Sticks to approve an Ordinance authorizing the execution of the Third Amendment to Annexation and Planned Unit Development Agreement for Raintree Village Unit 4 and to authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munns -aye, Ohare -aye, Spears -aye Sticka -aye, Besco -aye, Burd -aye, James - aye Ordinance 2005 -03 Prairie Meadows Enabling Ordinance to Create Special Service Area for Menard, Inc. A motion was made by Alderman Sticka to approve the Enabling Ordinance to Create a Special Service Area for Menard, Inc.; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot- aye Ordinance 2005 -04 Prairie Meadows Establishing Special Service Area A motion was made by Alderman Sticka to approve an Ordinance Establishing the Special Tax Service Area and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 , Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns - aye The Minutes of the Regular Meeting of the Citv Council — January 11, 2005 — nage 6 ECONOMIC DEVELOPMENT COMMITTEE REPORT (con't) Ordinance 2005 -05 Heartland Circle Unit 1, Lot 3 Authorizing Execution of Second Amendment to Annexation and Planned Unit Development Agreement A motion was made by Alderman Sticka to approve an Ordinance Authorizing the Execution of a Second Amendment to Heartland Subdivision Annexation and Planned Unit Development Agreement and to authorize the Mayor and City Clerk to execute all documents; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka - aye Resolution 2005 -02 Heartland Circle Unit 1, Lot 3 Final Planned Unit Development Plan/Final Plat A motion was made by Alderman Sticka to approve a Resolution Approving Final Planned Unit Development Plan and Final Plat for Heartland Center Unit 1 Lot 3 and authorize the Mayor and City Clerk to sign the plat along with the City Engineer subject to his final review; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye Sticka -aye, Besco- aye Ordinance 2005 -06 Annexing the Bruell Street Pump Station Site A motion was made by Alderman Sticka to approve the Ordinance Annexing the Bruell Street Pump Station site and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka- - aye Ordinance 2005 -06 Annexing the Countryside Pump Station Site A motion was made by Alderman Sticka to approve the Ordinance Annexing the Countryside Pump Station site and authorize the Mayor and City Clerk to execute all document; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco- aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2005 -03 Approving Volunteer Sick Leave Donation A motion was made by Alderman James to approve a Resolution Approving the Volunteer Sick Leave Donation Policy as presented; seconded by Alderman Kot. Alderman Spears commented that the City may incur a financial cost under the policy when donated time is paid out to an employee who is at a higher rate of pay than the employee who donated the time. Alderman Spears also commented that the policy stated that sick leave donation would be submitted directly to the Finance Director and asked if it should be submitted to the Payroll Benefits Specialists. Alderman Munns asked if the policy could be rescinded if it was costing too much money. Mayor Prochaska stated that the City could always revisit any of its policies. Alderman Besco asked to revisit this policy in a year to see what the statistics were. Chief Martin stated that the costs would be reversed when a higher salaried employee donated time to a less salaried employee and this could possibly offset any costs. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd- aye The Minutes of the Regular Meeting of the Citv Council — January 11, 2005 — na eg_7 ADDITIONAL BUSINESS City Planner Job Description Alderman Burd asked staff to start preparing a job description for a City Planner position. Mayor Prochaska stated that staff is working on something to present to the Administration Committee. Street Parking of Oversized Vehicles Alderman Munns stated that residents of Fox Hill have complained about semi trucks parked overnight on John Street. He asked that it be brought to Committee, either Public Safety or Public Works. It was recommended that the Public Safety Committee review this and Alderman Kot said that would be alright. Ward Maps Alderman Munns asked if the updated Ward Maps were ready. Administrator Graff stated that the Clerk's Office would distribute them when they were complete sometime this week. Countryside Shopping Center Alderman Spears stated that there were no parking lights in the Countryside Shopping Center parking lot by the Video Store and Dance Studio and that it was very dark and a public safety issue. She requested that these lights be repaired. Also, the theater sign appears to have wind damage and needs to be removed. Bi- monthly Reports Alderman Spears requested if Council could again start getting the bi- monthly reports prepared by the City Administrator. Tree Trimming Alderman Spears asked if the problem had been addressed. Mayor Prochaska stated that the Director of Public Works has met with the property owners and a solution is being worked out. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity; and for litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent. He asked that Attorney Wyeth, Attorney Kramer, Attorney Hitzelman, Attorney Smith, and Park Board President Chris Rollins be included in the discussion. To be followed immediately with an executive session for: The purchase or lease of real property for the use of the public body. He asked that the City Attorney, City Administrator, Executive Director of Parks and Recreation, Park Board President Chris Rollins, and Deputy Clerk be included in the discussion. So moved by Alderman Kot; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye Sticka -aye, Besco- aye The Council took a break and entered into Executive Session. The Council returned to regular session at 9:29 p.m. No further action was taken. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman Munns. Motion approved by a viva voce vote. Meeting adjourned at 9:30 P.M. Minutes submitted by: �' el Elizabeth A. D'Anna,'� Deputy Clerk City of Yorkville, Illinois CITY COUNCIL MEETING January 11, 2005 PLEASE PRINT NAME: ADDRESS: f/ - ks U4,4os P jz-� -� 00A/ bik4 / 4178 ffcc.c_ A - � .Y 1 SIGNIN I CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS I REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M. VITOSH, C.S.R., R.P.R., on January 11, 2005, at the hour of 7:00 p.m., at P 800 Game Farm Road in the City of Yorkville, Illinois. i I I f D- 747605 i 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; 3 MR. RICH STICKA, Alderman; 4 MR. PAUL JAMES, Alderman; 5 MR. JOSEPH BESCO, Alderman; 6 MS. VALERIE BURD, Alderwoman; 7 MS. WANDA OHARE, Alderwoman; 8 MS. ROSE ANN SPEARS, Alderwoman; 9 MR. MARTY MUNNS, Alderman; 10 MR. WILLIAM POWELL, City Treasurer; 11 MS. LIZ D'ANNA. 12 13 14 A P P E A R A N C E S: 15 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue, Suite 380 16 Naperville, Illinois 60563 (630) 355 -1458 17 BY: MR. JOHN JUSTIN WYETH, appeared on behalf of the United 18 City of Yorkville. 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service I 3 i i 1 (Pledge of Allegiance) 2 MAYOR PROCHASKA: I would entertain 3 a motion to go into public hearing, the first one 4 for the purpose of hearing the Richard Marker 5 Associates, Inc., petitioners, request for an 6 amendment to the Annexation and Planned Unit (. 7 Development Agreement to allow the subdivision of 8 Lot 3 in Heartland Center Unit I,in the United I 9 City of Yorkville, Kendall County, Illinois. 10 MR. BESCO: So moved. 11 MS. BURD: So moved. 12 MS. OHARE: Second. i 13 MAYOR PROCHASKA: Moved and Ohare 14 seconded. May I have roll call, please? 15 MS. D'ANNA: Alderman Burd. 16 MS. BURD: Aye. 17 MS. D'ANNA: Alderman James. 18 MR. JAMES: Aye. I 19 MS. D'ANNA: Alderman Kot. 20 MR. KOT: Aye. 21 MS. D'ANNA: Alderman Munns. 22 MR. MUNNS: Aye. I 23 MS. D'ANNA: Alderman Ohare. I 24 MS. OHARE: Aye. Depo Court Reporting Service 4 1 MS. D'ANNA: Alderman Spears. 2 MS. SPEARS: Aye. 3 MS. D'ANNA: Alderman Sticka. 4 MR. STICKA: Aye. 5 MS. D'ANNA: Alderman Besco. 6 MR. BESCO: Aye. 7 MAYOR PROCHASKA: Motion is carried. I 8 We are in public hearing. I 9 At this time do you want to 10 come up, Clayton, and talk about what you are 11 going to be doing, or your attorney? I 12 WHEREUPON: I 13 JOHN PHILIPCHUCK, I i 14 testified before the City Council as follows: l 15 MR. PHILIPCHUCK: Good evening. 16 John Philipchuck, attorney on behalf of Richard 17 Marker Associates. 18 The City Council is familiar 19 with the property at McHugh and Route 34, and we 20 are here amending the old annexation agreement to 21 allow for a resubdivision of the property. 22 It's the commercial property 23 that was part of the original Heartland in 24 Yorkville. Depo Court Reporting Service 5 1 And as a result of the 2 relooking of the property, this plan that I have 3 just put up, with the help of Tony, was the 4 original idea for the property. 5 We thought that there may be an 6 opportunity to do a larger box retail on the -- 7 on the site, with some smaller retail, and the 8 clubhouse was along the southern portion of the 9 site. 10 MR. MUNNS: Excuse me, John. So you 11 don't have to redo this all, can you like -- so 12 Valerie, Rose and I can see it -- there you go. 13 MR. PHILIPCHUCK: Still see it on I i 14 that side? Okay. 15 We have then come through with 16 a couple of subdivision units, you know, we have 17 a couple of -- we have an office building out 18 there now and then a day care facility. 19 And our current plan is to 20 amend that plat, or Lot 3, that large lot that 21 you saw, into several lots, with an ultimate 22 configuration that would look like this. 23 In other words, we have the 24 ability to provide for some smaller office uses Depo Court Reporting Service 6 1 similar to what we have previously constructed on 2 the site, still a retail building in the center, 3 much smaller than originally anticipated. 4 We had an opportunity at one 5 time for a bank on the corner. That may be 6 another one where it could result in another 7 use, and then we're showing how we could have 8 some additional ancillary parking on the site. 9 So the request is to amend our i 10 original PUD and that preliminary plan and plat 11 as part of this annexation agreement amendment to i 12 allow us to really more in keeping with what has 13 happened around this property since it was I 14 originally annexed and zoned to now reflect what 15 we think the market conditions really are today. 16 MAYOR PROCHASKA: Okay. The only 17 thing I'm going to ask you to do now is can you 18 kind of turn that and let all the folks out there 19 see what it is you are proposing, because this is 20 a public hearing, for the public to see, too, so 21 if you want to explain just what that particular 22 layout looks like now, what's where. 23 MR. PHILIPCHUCK: Again, there is 24 Route 34. You've probably been by the site and Depo Court Reporting Service 1 seen the access that's being constructed out 2 there now, the Chicago Title facility, that 3 building is located here, this is the day care I 4 facility that was just constructed, and so the 5 revised plan would have maybe three more 6 office -type buildings, retail, and some future 7 potential use for the corner. 8 MAYOR PROCHASKA: Okay. At this 9 time I'd like to open the floor to anyone that I 10 would have any comments to the City Council. 11 Is there anyone that would like 12 to comment on this project? i i 13 (No response) I 14 MAYOR PROCHASKA: Hearing none, I'd 15 ask does the City Council have any comments at 16 this time? 17 MS. OHARE: I did, just a simple 18 question. The area that's to the right, is 19 that -- will that be open green space at 34, it's 20 on the south side of 34? It's right in the 21 front. Is that green space? Nothing is planned 22 for that area, it's very small. 23 MR. PHILIPCHUCK: We have had to 24 provide for the future widening of -- looking Depo Court Reporting Service 8 1 across -- 2 MAYOR PROCHASKA: I think she is 3 looking at the piece of property -- 4 MS. OHARE: To the left, right 5 there. 6 MR. PHILIPCHUCK: Here or here? 7 MS. OHARE: Other side. Down. 8 There. 9 MR. PHILIPCHUCK: That's the Chicago 10 Title building, already present, and this one is 11 under construction. 12 MS. OHARE: Okay. I had it turned 13 around then the other way. 14 MR. PHILIPCHUCK: Okay, sorry. 15 MS. OHARE: That's okay. Thank you. 16 MR. MUNNS: A question to John, as 17 far as parking, is there adequate parking for the 18 different retail and proposed businesses you are 19 putting in there? 20 MR. PHILIPCHUCK: Yes. We have 21 designed this to meet the ordinance 22 requirements, and then what we're showing here -- 23 because these are unusual shaped parcels, there 24 could be an opportunity to do something with Depo Court Reporting Service 9 1 this adjoining property in the future, so for now 2 we are just showing that as parking, but in 3 reality, you know, it might make sense to put 4 that together if this property hopefully will 5 redevelop at some point in the future, so that 6 was our thought there. 7 This would be overflow parking 8 if it was needed for -- you know, let's say we 9 got -- well, I think the cat's out of the bag, we 10 are looking at a restaurant in this location now, 11 so if the need is for additional parking, we have 12 the ability to provide it. I 13 MR. MUNNS: Thank you. 14 MAYOR PROCHASKA: Thank you, John. 15 MR. PHILIPCHUCK: Thank you. 16 MAYOR PROCHASKA: Anyone else? i - -. 17 (No Response) 18 MAYOR PROCHASKA: Hearing none, I 19 would entertain a motion to close this public 20 hearing. 21 MS. SPEARS: So moved. 22 MR. MUNNS: Second. 23 MS. OHARE: Second. 24 MAYOR PROCHASKA: Moved and Depo Court Reporting Service 10 1 seconded. Comments or questions? 2 (No response) 3 MAYOR PROCHASKA: May I have roll 4 call, please? 5 MS. DIANNA: Alderman James. 6 MR. JAMES: Aye. 7 MS. DIANNA: Alderman Burd. 8 MS. BURD: Aye. 9 MS. DIANNA: Alderman Besco. 10 MR. BESCO: Aye. 11 MS. DIANNA: Alderman Sticka. 12 MR. STICKA: Aye. 13 MS. DIANNA: Alderman Spears. 14 MS. SPEARS: Aye. 15 MS. DIANNA: Alderman Ohare. 16 MS. OHARE: Aye. 17 MS. DIANNA: Alderman Kot. 18 MR. KOT: Aye. 19 MS. DIANNA: Alderman Munns. 20 MR. MUNNS: Aye. 21 MAYOR PROCHASKA: Motion is carried. 22 The next portion, I'm 23 thinking can we discuss both these at the same 24 time, or do they need to be -- they are both Depo Court Reporting Service 11 1 annexations. 2 MR. WYETH: They are two separate 3 properties, they should be separate. 4 MAYOR PROCHASKA: Okay. I would 5 entertain a motion to go into public hearing to 6 discuss the annexation of the territory herein 7 described as the Countryside pump station site. 8 MS. OHARE: So moved. 9 MR. KOT: Second. a 10 MAYOR PROCHASKA: Moved and 11 seconded. May I have roll call? 12 MS. DIANNA: Alderman Kot. 13 MR. KOT: Aye. , 14 MS. DIANNA: Alderman Munns. 15 MR. MUNNS: Aye. 16 MS. DIANNA: Alderman Ohare. 17 MS. OHARE: Aye. 18 MS. DIANNA: Alderman Spears. 19 MS. SPEARS: Aye. 20 MS. DIANNA: Alderman Sticka. 21 MR. STICKA: Aye. 22 MS. DIANNA: Alderman Besco. 23 MR. BESCO: Aye. 24 MS. DIANNA: Alderman Burd. Depo Court Reporting Service 12 1 MS. BURD: Aye. 2 MS. D'ANNA: Alderman James. 3 MR. JAMES: Aye. 4 MAYOR PROCHASKA: The motion is 5 carried. We are now in public hearing. 6 This is the public hearing to 7 annex that piece of property that the City bought 8 basically to the north of Countryside along I w 9 Route 47, which is the proposed location for the 10 pump station for the Countryside sewer 11 intercepter. 12 I don't know, John, is there 13 any other detail we need on this? I 14 MR. WYETH: No. Since it's the 15 City's property now, it will be annexed to the 16 City. 17 MAYOR PROCHASKA: And it is 18 immediately, like I say, to the north of 19 Countryside. Tony? Why don't you set that up 20 over here so the aldermen -- Okay. That's fine, 21 too, so that the public can see it. 22 Okay. Do you want to kind of 23 just point where that piece is at there, Tony, 24 just north of Countryside? Depo Court Reporting Service 13 1 MR. GRAFF: There it is. 2 MAYOR PROCHASKA: Right there. 3 Would be just right almost basically right across 4 the street from the Menard's -- 5 MR. GRAFF: Menard's is here. 6 MAYOR PROCHASKA: -- just north of 7 Countryside, it's approximately one acre, it was 8 purchased by the City for the purpose of putting 9 that lift station in. 10 It currently is not annexed 11 into the City and so we are looking at annexing 12 that into the City. f 13 And with that, I'd open the j 14 floor. Is there any comments or questions from 15 anyone in the audience? 16 WHEREUPON: 17 ROBIN MILLER, 18 testified before the City Council as follows: 19 MS. MILLER: I just have a question 20 because I received a letter with the notice of 21 the fact that there was going to be this -- 22 MAYOR PROCHASKA: Okay. 23 MS. MILLER: -- so I assume that 24 might involve me. So there is no -- it's only Depo Court Reporting Service 14 1 that one acre involved? 2 I live in the Blackberry Creek 3 subdivision, and there's been from time to time 4 talk about that being annexed. 5 So this does not include any 6 property in that area? 7 MAYOR PROCHASKA: No, in fact, it's I 8 -- Correct. It's on the other side of Route 9 47 -- 10 MS. MILLER: Okay. 11 MAYOR PROCHASKA: -- and immediately �I 12 north of Countryside. I 13 MS. MILLER: And the only property I 14 that we own. 15 MR. STICKA: It's a total of one 16 acre. 17 MAYOR PROCHASKA: It's one acre. 18 MS. MILLER: Nothing to do with Van 19 Emmon either, correct? 20 MAYOR PROCHASKA: No. It's up on 21 the north side of town. 22 MS. SPEARS: Did you get a notice 23 also? 24 MAYOR PROCHASKA: There is Depo Court Reporting Service 15 1 another -- Now, there is another public hearing 2 for another lift station that may -- you may have 3 gotten that notice from, because it's actually i 4 down at the end of Bruell Street, which 5 notification would have probably gone as far as 6 Van Emmon, but that's -- we haven't gotten to 7 that one yet. 8 MS. SPEARS: Did she get a notice 9 because she lives within a certain radius or 10 whatever? 11 MAYOR PROCHASKA: Right. Right. 12 MS. MILLER: Oh. And what is that 13 radius, do we know? I i 14 MAYOR PROCHASKA: It's 500 feet. 15 MS. MILLER: Oh. But it doesn't 16 have to include you, just a radius? 17 MAYOR PROCHASKA: No, just to notify 18 that this area is looking at being annexed. 19 MS. MILLER: Thank you. 20 MAYOR PROCHASKA: Anyone else? 21 Madame, can I have your name for the record? 22 MS. MILLER: Robin Miller. 23 MAYOR PROCHASKA: Anyone on the 24 Council have any comments on this? Depo Court Reporting Service 16 1 (No Response) 2 MAYOR PROCHASKA: With that, I would 3 entertain a motion to close the public hearing. 4 MR. STICKA: So moved. 5 MR. KOT: Second. 6 MAYOR PROCHASKA: Moved and 7 seconded. May I have roll call, please? 8 MS. D Alderman James. 9 MR. JAMES: Aye. 10 MS. D Alderman Burd. 11 MS. BURD: Aye. 12 MS. D Alderman Besco. 13 MR. BESCO: Aye. 14 MS. D Alderman Sticka. 15 MR. STICKA: Aye. 16 MS. DIANNA: Alderman Spears. 17 MS. SPEARS: Aye. 18 MS. D Alderman Ohare. 19 MS. OHARE: Aye. 20 MS. DIANNA: Alderman Munns. 21 MR. MUNNS: Aye. 22 MS. D Alderman Kot. 23 MR. KOT: Aye. 24 MAYOR PROCHASKA: The motion is Depo Court Reporting Service 17 1 carried. 2 Next I would entertain a motion 3 to go into public hearing for the discussion to 4 annex the territory hereinafter described as the 5 Bruell Street pump station site. 6 MR. JAMES: So moved. 7 MS. BURD: Second. 8 MAYOR PROCHASKA: May I have roll 9 call, please? j 10 MS. D'ANNA: Alderman Munns. 11 MR. MUNNS: Aye. 12 MS. D'ANNA: Alderman Ohare. i I 13 MS. OHARE: Aye. i 14 MS. D'ANNA: Alderman Spears. 15 MS. SPEARS: Aye. 16 MS. D'ANNA: Alderman Sticka. 17 MR. STICKA: Aye. 18 MS. D'ANNA: Alderman Besco. 19 MR. BESCO: Aye. 20 MS. D'ANNA: Alderman Burd. 21 MS. BURD: Aye. 22 MS. D'ANNA: Alderman James. 23 MR. JAMES: Aye. 24 MS. D'ANNA: Alderman Kot. Depo Court Reporting Service 18 1 MR. KOT: Aye. 2 MAYOR PROCHASKA: Motion is carried. 3 We are now in public hearing. And now, this is 4 similar. This is a property that the City 5 purchased for a pump station for sewer that is 6 located on Bruell Street north of the Fox River, 7 actually it would be just to the -- between East 8 Main and the river. 9 MR. GRAFF: In line with the 10 swimming pool. 11 MAYOR PROCHASKA: Yeah, just to the 12 southeast of the Lions' pool property. 13 And, again, you were probably 14 notified because you were within that 500 feet of 15 that piece of property, so -- and, again, you 16 were probably notified because you were within 17 that 500 feet of that property, so -- 18 UNIDENTIFIED SPEAKER: You say it's 19 north of the river? f 20 MR. GRAFF: Yes. 21 MAYOR PROCHASKA: Yes. 22 UNIDENTIFIED SPEAKER: I am south of 23 the river. 24 MAYOR PROCHASKA: Yeah, but you are Depo Court Reporting Service 19 1 still within the 500 -feet radius that we notify 2 you. 3 UNIDENTIFIED SPEAKER: It has 4 nothing to do with my residence on Van Emmon 5 other than the fact I am 500 feet away? 6 MAYOR PROCHASKA: That's it, 7 correct. i 8 Is there any other discussion 9 or comments to the City Council on this 10 particular piece of property? 11 MAYOR PROCHASKA: Yes. 12 WHEREUPON: I 13 DALE WOODWORTH, 14 testified before the City Council as follows: 15 MR. WOODWORTH: Dale Woodworth. At 16 the time that they done that, they said that they 17 put a wall up by the building and that they would 18 put the exhaust fan thing, so it would be away 19 from the subdivision. i 20 Is that still in or would you 21 just mention that when they do it to make 22 sure -- 23 MAYOR PROCHASKA: You just did, and 24 at this point in time we were just looking at Depo Court Reporting Service 20 1 annexing the property. 2 MR. WOODWORTH: Right, right. 3 MAYOR PROCHASKA: Thank you. Anyone 4 else? Yes, sir. 5 WHEREUPON: 6 MIKE BURKS, 7 MR. BURKS: Mike Burks. I live down 8 in the property, too, and I was served notice 9 also. 10 I've got a question. With 11 building the pump station, is it your idea to 12 have the siren there also? 13 MAYOR PROCHASKA: I think the siren 14 was thought to be there, but I think that was 15 actually separate from the fact that a lift 16 station would be there. 17 I think that was identified as 18 a spot for the emergency siren or somewhere in 19 that general vicinity also. 20 MR. BURKS: Okay. My second 21 question would be after annexation of the actual 22 site for the pump station, is it then going to 23 be -- is there going to be then an annexation of 24 the ten acres that the sewer is going through Depo Court Reporting Service 21 1 right now, is being gone through right now? 2 MAYOR PROCHASKA: The piece behind 3 you you are talking about? It's already annexed. I 4 MR. BURKS: Oh, it's already 5 annexed? 6 MAYOR PROCHASKA: It's been annexed 7 for many years. 8 MR. BURKS: Oh, okay. f t 9 MR. GRAFF: It's annexed and I 10 zoned. 11 MAYOR PROCHASKA: Actually -- we 12 -- Yeah, it was annexed and zoned. What we found i .13 out was just this little area here was not as it i 14 abuts to some of those lots down on Gawne Lane 15 that are not in the city. 16 MR. BURKS: Okay. 17 MAYOR PROCHASKA: Sure. Anyone 18 else? Yes, sir. 19 WHEREUPON: 20 JOHN GAWNE, 21 testified before the City Council as follows: 22 MR. GAWNE: My name is John Gawne, 23 and I live -- we have property in Gawne Lane 24 there, and we haven't heard any details what this Depo Court Reporting Service 22 1 is all about, so I don't even know. Is this an 2 informational meeting or what? 3 MAYOR PROCHASKA: This is actually 1 4 to -- it's the location of a lift station. The 5 lift station is -- we already have one -- 6 MR. GAWNE: We have the one at the 7 end of Gawne Lane. 8 MAYOR PROCHASKA: - at the end of z 9 Gawne Lane, and there is also one just to the P 10 north of this site, on -- just off of East Main. 11 What this lift station will do 12 is actually eliminate those other two. i i 13 MR. GAWNE: Okay. I 14 MAYOR PROCHASKA: We are trying to 15 get rid of having a lot of different lift 16 stations, so this -- By locating this one here, 17 we will be actually eliminating those other two, 18 plus one up in the apartment center, so we will i 19 actually be eliminating three lift stations for 20 one. 21 MR. GAWNE: Is there -- is there -- 22 But is there talk of annexing those homes along 23 that lane there involved? 24 MAYOR PROCHASKA: Well, not unless Depo Court Reporting Service 23 1 you guys want to come and talk about it. 2 MR. GAWNE: Okay. But I mean, I was 3 told secondhand that they wanted an easement or d 4 something to put sewers back in there on the 5 property on Gawne Lane or -- 6 MAYOR PROCHASKA: I don't know that 7 it involves any of your properties -- 8 MR. GAWNE: Okay. 9 MAYOR PROCHASKA: -- so I think it's 10 the property on -- I mean, I have not seen, you 11 know, any of -- any of your particular 12 properties. i i 13 And if they did, you would A i 14 obviously have to be notified before the City 15 would do that. 16 MR. GAWNE: Right. 17 MAYOR PROCHASKA: It's all to the 18 north of you guys. 19 MR. GAWNE: Is there -- Okay. Maybe 20 I got the wrong meeting. Are you talking -- Is 21 there another meeting going on as far as -- I 22 mean, I was hearing stuff about wanting to -- you 23 know, we have a one -lane road there. I'm hearing 24 talk about wanting to put a road through there. Depo Court Reporting Service 24 1 MAYOR PROCHASKA: Well, you know, 2 rumors run rampant. 3 MR. GAWNE: Okay. 4 MAYOR PROCHASKA: And where -- you 5 know, where people get ideas and different things 6 that are -- there has been discussion of a road 7 going to the -- there is -- the stub of a road 8 that goes to the east and we've talked about 9 putting a driveway out to the property that would € 10 go to the west, north of your properties. 11 I don't know that we are i 12 looking at a right -of -way that goes all the way i i 13 across at this time. Are we? I i 14 (No Response) 15 WHEREUPON: 16 PAULA WILKINSON, 17 testified before the City Council as follows: 18 MS. WILKINSON: I went to the City i 19 the other day -- 20 MAYOR PROCHASKA? Can I just have 21 your name for the record, please? 22 MR. GAWNE: My name? 23 MAYOR PROCHASKA: Yes. 24 MR. GAWNE: Yes. John Gawne. Depo Court Reporting Service 25 1 MAYOR PROCHASKA: Thank you. And 2 then? 3 MS. WILKINSON: Paula Wilkinson. I 4 went to the City the other day, and there is a 5 property that Dale is proposing, it does involve 6 the street property. 7 MAYOR PROCHASKA: Easement on Dale's 8 property. 9 MS. WILKINSON: Well, Dale is right 10 here. I thought it was a street. 11 MR. WOODWORTH: No, it's just an 12 easement so they've got the sewer and water. 13 MS. WILKINSON: Okay. There are 14 lots proposed there. 15 MR. WOODWORTH: Yeah, but it will 16 just be private lots. 17 MS. WILKINSON: I think that's what 18 he's heard. i 19 MR. WOODWORTH: There will just be I 20 three lots there, eventually not a road, it will 21 just be equal. 22 MAYOR PROCHASKA: I think we are 23 kind of getting off the track of this particular 24 one. All we are looking at is annexing just that Depo Court Reporting Service 26 1 one lot right where the lift station would go 2 immediately south of basically where the current 3 lift station is, okay? 4 MS. WILKINSON: Thank you. 5 MAYOR PROCHASKA: Sure. Anyone 6 else? 7 (No Response) 8 MAYOR PROCHASKA: Is, there any 9 comments by the City Council? j 10 (No Response) 11 MAYOR PROCHASKA: Hearing none, I 12 would entertain a motion to close the public I i 13 hearing. i i 14 MR. STICKA: So moved. 15 MR. JAMES: Second. 16 MAYOR PROCHASKA: Moved and 17 seconded. May I have roll call, please? 18 MS. D'ANNA: Alderman Kot. 19 MR. KOT: Aye. F 20 MS. D'ANNA: Alderman Ohare. 21 MS. OHARE: Aye. 22 MS. D'ANNA: Alderman Spears. 23 MS. SPEARS: Aye. 24 MS. D'ANNA: Alderman Sticka. Depo Court Reporting Service 27 1 MR. STICKA: Aye. 2 MS. D'ANNA: Alderman James. 3 MR. JAMES: Aye. 4 MS. D'ANNA: Alderman Burd. 5 MS. BURD: Aye. 6 MS. D'ANNA: Alderman Besco. 7 MR. BESCO: Aye. S MS. D'ANNA: Alderman Munns. 9 MR. MUNNS: Aye. 10 MAYOR PROCHASKA: Motion is carried. 11 (Which were all the 12 proceedings reported at the 13 date and time 14 aforementioned.) 15 --- 000 - -- 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service 28 1 STATE OF ILLINOIS ) ss: 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter and Registered Professional 7 Reporter doing business in the State of Illinois; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; i 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing. 14 IN WITNESS WHEREOF I have hereunto set 15 my hand this of 16 2005. 17 18 19 CHRISTINE M. VITOSH, C.S.R. 21 CSR License No. 084 - 002883 22 23 24 Depo Court Reporting Service United City of Yorkville Multi -Page' & - involved January 11, 2005 17:18,20,22,24 26:18,20 buildings [1 1 7:6 12:2 16:8,10,12,14,16,18 fine [11 12:20 26:22,24 27:2,4,6,8 Burd[is] 2:6 3:11,15,16 16:20,22 17:10,12,14,16 fir st[zl 3:3 28:4 aldermen [i] 12:20 10:7,8 11:24 12:1 16:10 17:18,20,22,24 26:18,20 floor [zl 7:9 13:14 & [il 2:15 Alderwoman [31 2:6,7 16:11 17:7,20,21 27:4,5 26:22,24 27:2,4,6,8 folks [1l 6:18 2:8 Burks U] 20:6,7,7,20 D- 747605 [il 1:9 _0_ 21:4,8,16 Dale [4l 19:13,15 25:5,9 follows [51 4 : 13:18 Allegiance [il 3:1 19:14 21:2124:17 084 - 002883 [il 28:21 allow [3l 3:7 4:21 6:12 business [11 28:7 Dale's [11 25:7 foregoing [zl 28:9,10 almost [i] 13:3 businesses [i] 8:18 date [il 27:13 found [il 21:12 -2- along [31 5:8 12:8 22:22 described [zl 11:7 17:4 Fox [i] 18:6 2005 [z] 1:6 28:16 amend [zl 5:20 6:9 - C - designed [il 8:21 front [i] 7:21 amending [i] 4:20 C [i] 2:14 detail [11 12:13 future [41 7:6,24 9:1,5 -3- amendment [21 3:6 6:11 C.S.R [z] 1:5 28:20 details [11 21:24 300 [i] 2:15 ancillary [il 6:8 care [zl 5:18 7:3 Development [i] 3:7 _ 34 [41 4:19 6:24 7:19,20 ANN [i] 2:8 carried [61 4:7 10:21 12:5 different [3l 8:18 22:15 Game [il 1:7 24:5 355 -1458 [il 2:16 annex [z] 12:7 17:4 17:1 18:2 27:10 Gawne [19] 21:14,20,22 9 annexation [61 3:6 4:20 cat's [il 9: discuss [zl 10:23 11:6 380 [� l 2:15 discussion [ 17:3 19:8 21:22,23 22:6,7,9,13,21 6:11 11:6 20:21,23 center[3] 3:8 6:2 22:18 23:2,5,8 24:3,22,24 annexations [i] 11:1 certain [11 15:9 24 :6 24:24 _4 _ annexed pol 6:14 12:15 Certified [i] 28:5 doesn't [il 15:15 general [1 ] 20:19 47 [21 12:9 14:9 13:10 14:4 15:18 21:3,5,6 done [il 19:16 Chicago [zl 7:2 8:9 goes [z] 24:8,12 21:9,12 down [al 8:7 15:4 20:7 - 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zoned January 11, 2005 showing [3] 6:7 8:22 9:2 'together [11 9:4 yet [1] 15:7 side [s] 5:14 7:20 8:7 14:8 Tony [31 5:3 12:19,23 Yorkville [s] 1:2,7 2:18 14:21 too [31 6:20 12:21 20:8 3:9 4:24 similar [2] 6:1 18:4 total [11 14:15 simple [11 7:17 town [1] 14:21 _Z_ siren [3] 20:12,13,18 track [11 25:23 zoned [3] 6:14 21:10,12 site [9] 5:7,9 6:2,8,24 11:7 transcript [1] 28:11 17:5 20:22 22:10 Treasurer [11 2:10 small [1] 7:22 true [1] 28:10 smaller [31 5:7,24 6:3 trying [11 22:14 somewhere [11 20:18 turn [1] 6:18 sorry [11 8:14 turned [11 8:12 south [31 7:20 18:22 26:2 two [3] 11:2 22:12,17 southeast [1] 18:12 southern [11 5:8 _U_ space [2] 7:19,21 SPEAKER [3] 18:18,22 ultimate [11 5:21 19:3 under [11 8:11 Spears [161 2:8 4:1,2 9:21 UNIDENTIFIED [31 10:13,14 11:18,19 14:22 18:18,22 19:3 15:8 16:16,17 17:14,15 Unit [21 3:6,8 I 26:22,23 United [31 1:2 2:17 3:8 spot [1] 20:18 units [1] 5:16 C ss [1] 28:1 unless [11 22:24 State [2] 28:1,7 unusual [1] 8:23 station [14] 11:7 12:10 up [6] 4:10 5:3 12:19 13:9 15:2 17:5 18:5 20:11 14:20 19:17 22:18 20:16 22:4,5,11 26:1,3 uses [1] 5:24 stations [21 22:16,19 Sticka [16] 2:3 4:3,4 _V_ 10:11,12 11:20 14:15 16:4,14,15 17:16,17 26:14 Valerie [2] 2:6 5:12 26:24 27:1 Van [3] 14:18 15:6 19:4 j still [4] 5:13 6:2 19:1,20 vicinity [1] 20:19 Street [6] 13:4 15:4 17:5 VITOSH [31 1:5 28:4,20 18:6 25:6,10 stub [1] 24:7 _w_ stuff [1] 23:22 subdivision [4] 3:7 5:16 wall [11 19:17 14:3 19:19 WANDA [1] 2:7 Suite [11 2:15 wanting [2] 23:22,24 swimming [1] 18:10 water [1] 25:12 sworn [1] 28:5 west [11 24:10 WHEREOF [1] 28:14 _T_ widening [1] 7:24 T [11 2:1 Wilkinson [81 24:16,18 25:3,3,9,13,17 26:4 ten [1] 20:24 WILLIAM [11 2:10 territory [2] 11:6 17:4 within [4] 15:9 18:14,16 testified [5] 4:14 13:18 19:1 19:14 21:21 24:17 WITNESS [11 28:14 Thank [e] 8:15 9:13,14 Woodworth [71 19:13 9:15 15:19 20:3 25:1 26:4 19:15,15 20:2 25:11,15 they've [1] 25:12 25:19 thinking [11 10:23 words [11 5:23 thought [41 5:5 9:6 20:14 wrong [1] 23:20 three [31 7:5 22:19 25:20 WYETH [41 2:15,17 11:2 12:14 through [41 5:15 20:24 21:123:24 _Y_ Title [21 7:2 8:10 t years [11 21:7 today [11 6:15 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983 -0030