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:
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SIGNIN
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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
CHRISTINE M. VITOSH, C.S.R., R.P.R., on
January 11, 2005, at the hour of 7:00 p.m., at
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800 Game Farm Road in the City of Yorkville,
Illinois.
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D- 747605
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REPO • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 • Fax 630 - 983 -6013
www.depocourt.com
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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.
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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
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9 City of Yorkville, Kendall County, Illinois.
10 MR. BESCO: So moved.
11 MS. BURD: So moved.
12 MS. OHARE: Second.
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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.
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19 MS. D'ANNA: Alderman Kot.
20 MR. KOT: Aye.
21 MS. D'ANNA: Alderman Munns.
22 MR. MUNNS: Aye.
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23 MS. D'ANNA: Alderman Ohare.
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24 MS. OHARE: Aye.
Depo Court Reporting Service
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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.
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8 We are in public hearing.
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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?
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12 WHEREUPON:
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13 JOHN PHILIPCHUCK, I
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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
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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
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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
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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
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10 original PUD and that preliminary plan and plat
11 as part of this annexation agreement amendment to
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12 allow us to really more in keeping with what has
13 happened around this property since it was
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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
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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
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10 would have any comments to the City Council.
11 Is there anyone that would like
12 to comment on this project?
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13 (No response)
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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United City of Yorkville Multi -Page' & - involved
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box [il 5:6 fan [il 19:18
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3:15,17,19,21,23 4:1,3,5 BROMBEREK [i] -D- far [3l 8:17 15:5 23:21 informational [i] 22:2
10:5,7,9,11,13,15,17,19 2:15 D'ANNA[491 2:113:15 Farm [11 1:7 intercepter[i] 12:11
11:12,14,16,18,20,22,24 Bruell [3l 15:4 17:5 18:6 3:17,19,21,23 4:1,3,5 10:5 feet [41 15:14 18:14,17
12:2 16:8,10,12,14,16,18 building [6] 5:17 6:2 7:3 10:7,9,11,13,15,17,19 19:5 involve [zl 13:24 25:5
16:20,22 17:10,12,14,16 8:10 19:17 20:11 11:12,14,16,18,20,22,24 Fifth [11 2:15 involved [21 14:1 22:23
Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983 -0030
United City of Yorkville Multi- Pagc involves - shorthand
January 11, 2005
involves [il 23:7 11:11 15:2,2 16:7 17:8 19:4 pool [2] 18:10,12 redevelop [i] 9:5
26:17 notice Es] 13:20 14:22 portion [2] 5:8 10:22 redo [i] 5:11
_J_ Mayor [67] 2:2 3:2,13 4:7 15:3,8 20:8 potential [l 7:7 reflect [l 6:14
James [isl 2:4 3:17,18 6:16 7:8,14 8:2 9:14,16 notification [1] 15:5 POWELL [11 2:10 Registered [11 28:6
9:18,24 10:3,21 11:4,10 notified [3l 18:14,16
10:5,6 12:2,3 16:8,9 17:6 12:4,17 13:2,6,22 14 :7111 preliminary [i] 6:10 relooking [i] 5:2
17:22,23 26:15 27:2,3 23 :
14:17,20,24 15:11,14,17 present [i 8:10 REPORT [1 1:3
January [il 1:6 15:20,23 16:2,6,24 17:8 notify [2l 15:17 19:1 previously [il 6:1 reported [2] 27:12 28:8
John [lo] 2:17 4:13,16 18:2,11,21,24 19:6,11,23 now [14] 5:18 6:14,17,22 private [1l 25:16 Reporter [zl 28:6,7
5:10 8:16 9:14 12:12 20:3,13 21:2,6,11,17 22:3 7:2 9:1,10 12:5,15 15:1
21:20,22 24:24 22:8,14,24 23:6,9 24:1 18:3,3 21:1,1 proceedings [41 1:3 request [2] 3:5 6:9
24:4,20,23 25:1,7,22 26:5 27:12 28:9,13 requirements [1i 8:22
JOSEPH [ii 2:5 26:8,11,16 27:10 - 0 - PROCHASKA [671 2:2 residence [il 19 :4
JUSTIN [ii 2:17 McHug [il 4:19 3:2,13 4:7 6:16 7:8,14 8:2
g response U] 7:13 9:17
oath [1] 28:5 9:14,16,18,24 10:3,21
mean [3i 23:2,10,22 Y 11:4,10 12:4,17 13:2,6,22 10:2 16:1 24:14 26:7,10
-K- obviousl [il 23:14
meet [i] 8:21 14:7,11,17,20,24 15:11 restaurant [i] 9:10
keeping [1l 6 meeting [sl 1:1,3 22:2 off [zl 22:10 25:23 15:14,17,20,23 16:2,6,24 resubdivision [11 4:21
Kendall [i 3:9 23:20,21 office [z] 5:17,24 17:8 18:2,11,21,24 19:6 result [21 5:1 6:6
kind [ 3 1 6:18 12:22 25:23 Menard [2i 13:4,5 office [1 7:6 19:11,23 20:3,13 21:2,6 retail [sl 5:6,7 6:2 7:6
Kot [14] 3:19,20 10:17,18 mention [1] 19:21 Ohare [22] 2:7 3:12,13,23 21:11,17 22:3,8,14,24 8 :18
3:24 7:17 8:4,7,12,15 9:23 23:6,9,17 24:1,4,20,23
11:9,12,13 16:5,22,23 might [2l 9:3 13:24 10:15,16 11:8,16,17 16:18 25:1,7,22 26:5,8,11,16 revised [�i 7:5 J
17:24 18:1 26:18,19
Mike [21 20 16:19 17:12,13 26:20,21 27:10 RICH [il 2:3
Miller [iii 13:17,19,23 old [11 4:20 Professional [ii 28:6 Richard [21 3:4 4:16
14:10,13,18 15:12,15919 p ect[i] 7:12 rid Ell 22:15
15:22,22 one pal 3:3 6:4,6 8:10 P J
lane [6l 21:14,23 22:7,9 13:7 14:1,15,17 15:7 22:5 properties [4l 11:3 23:7 right [is] 7:18,20 8:4 13:2
22:23 23:5 motion [121 3:3 4:7 9:19 22 :6,9,16,18,20 25:24 23:12 24:10 13:3,3 15:11,11 20:2,2
large [i] 5:20 10:21 11:5 12:4 16:3,24 26:1 property [27] 4:19,21,22 21:1,1 23:16 25:9 26:1
larger [il 5:6 17:2 18:2 26:12 27:10 one -lane [il 23:23 5:2,4 6:13 8:3 9:1,4 12:7 right -of -way [11 24:12
LASALLE[11 28:2 moved[i2] 3:10 ,11,13 op p ] 7:9,1913:13 12:1514:6,1318:4,12,15 river [4] 18:6,8,19,23
la out [il 6:22 9:21,24 11:8,10 16:4,6 0 ortuni 3 18:17 19:10 20:1,8 21:23
Y 17:6 26:14,16 PP ty [ ] 5:6 6:4 road [61 1:7 23:23,24 24:6
23:5,10 24:9 25:5,6,8
left [11 8:4 MS [98] 2:6,7,8,11 3:11 8'24 24:7 25:20
letter [il 13:20 3:12,15,16,17,19,21,23,24 ordinance [i] 8:21 Proposed [3i 8:18 12:9 Robin [21 13:17 15:22
License [il 28:21 4:1 7:17 8:4,7 original [3i 4:23 5:4 6:10 25:14 roll [6i 3:14 10:3 11:11
proposing [2] 6:19 25:5
lift po] 13:9 15:2 20:15 9:21,23 10:5,7,8,9,11,13 originally [2] 6:3,14 16:7 17:8 26:17
22:4,5,11,15 26:0.1 10:14,15,16,17,19 11:8 overflow [1l 9:7 provide [3i 5:24 7:24 Rose [2] 2:8 5:12 I
11:12,14,16,17,18,19,20 9'12 Route [41 4:19 6:24 12:9
line [il 18:9 11:22 12:1,2 13:19,23 Own M 14:14 public [16] 3:3 4:8 6:20
Lions' [11 18:12 14:10,13,18,22 15:8,12 6:20 9:19 11:5 12:5,6,21 14:8
live [3] 14:2 20:7 21:23 15:15 16:8,10,11 _P_ 15:1 16:3 17:3 18:3 26:12 rumors [ii 24:2
16:12,14,16,17,18,19,20 28:9,13 run [il 24:2
lives [ii 15:9 16:22 17:7,10,12,13,14 P [3l 2:1,14,14 pUD Ell 6:10
LIZ [11 2:11 17:15,16,18,20,21,22,24 p.m [il 1:6
p arcels pi 8:23 PAP [61 11:7 12:10 17:5
located [2i 7:3 18:6 24:18 25:3,9,13,17 26:4 -S-
[il 22:16 P ur c l 2
locating 27:2
g parking [6l 6:8 8:17,17 urchased [zl 13:8 18:5 S [2] 2:1,14
location [3l 9:10 12:9 27 :455,6,8 9:2,7,11 P saw [il 5:21
MUMS [17 2:9 3:21,22 purpose 12l 3:4 13:8
22.4 5:10 8:16 9:13,22 10:19 p� [zl 4:23 6:11 put [6l 5:3 9:3 19:17,18 says [i] 28:5
look [il 5:22 articular [4i 6:21 19:10 P second [s] 3:12 9:22,23 !
10:20 11:14,15 16:20,21 P 23:4,24 11:9 16:5 17:7 20:20
looking [a] 7:24 8:3 9:10 17:10,11 27:8,9 23:11 25:23 j
13:11 15:18 19:24 24:12 PAUL [11 2:4 Putting [31 8:19 13:8 26:15 f l
24:9
25:24 Paula [2] 24:16 25:3 seconded [sl 3:14 10:1
- N -
looks [i] 6:22 eo le [ii 24:5 11:11 16:7 26:17
lots Es] 5:2121:14 25:14 N [21 2:1 P P - Q - secondhand [il 23:3
25:16,20 name [41 15:2121:22 petitioners [il 3:5 questions [21 10:1 13:14 see [s] 5:12,13 6:19,20
24:21,22 Philipchuck [iii 4:13 12:21
_M_ Naperville [il 2:16 4:15,16 5:13 6:23 7:23 8:6 -R- sense [i] 9:3
8:9,14 9:15
M [31 1:5 28:4,20 need [3i 9:11 10:24 12:13 piece [6] 8:3 12:7,23 R [21 2:1,14 separate [3l 11:2,3 20:15
needed [ii 9:8 18:15 19:10 21:2 served [il 20:8
Madame [il 15:21 R.P.R [ii 1:5
Main [2] 18:8 22:10 next [21 10:22 17:2 plan [41 5:2,19 6:10 7:5 radius [41 15:9,13,16 19:1 set [21 12:19 28:14
none [3l 7:14 9:18 26:11 p lanned [2l 3:6 7:21 several [ii 5:21
Marker [2l 3:4 4:17 P rampant [il 24:2
market [i] 6:15 north [iii 12:8,18,24 13:6 plat [2] 5:20 6:10 reality [ii 9:3 sewer [4] 12:10 18:5
MARTY [i 2:9 14:12,21 18:6,19 22:10 Pledge [i i 3:1 23:18 20:24 25:12
4:10 2 really [zi 6:12,15
matter [ii 1:4 notes 2 28:11 plus [il 22:18 received [i] 13:20 sewers [il 23:4
point [3l 9:5 12:23 19:24 shaped [il 8:23
may [to] 3:14 5:5 6:5 10:3 nothing [3i 7:21 14:18 P record [2l 15:21 24:21 shorthand [31 28:6,8,11
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983 -0030
United City of Yorkville Multi-Page TM showing - 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