City Council Minutes 2005 03-22-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE. ]KENDALL COUNTY. ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS.
800 GAME FARM ROAD ON
TUESDAY. MARCH 22.2005.
Mayor Prochaska called the meeting to order at 7:13 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski 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: City Clerk Milschewski, City Administrator Graff, City Attorney Wyeth, Police
Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham and Executive
Director of Parks & Recreation Brown.
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Prochaska asked that the swearing -in of Sergeant Delaney be moved from under the
Mayor's Report to after the Committee Meeting Dates.
Mayor Prochaska entertained a motion to amend the Consent Agenda by moving the following
items from the Public Works Committee Report; #I - Park Naming Request, #3 - IDOT Letter of
Understanding for Grande Reserve Route 34 Improvements, #7 - IDOT Highway Driveway Cut
for Nelson Funeral Home, #8 - Results of Street Sweeper Bid, 49 - Adjustment to New Dump
Truck Purchase and the following items from the Administration Committee Report; # 1 - RFQ
Policy, #3 - In Town Road Program Bond, #4 - MFT Obligation Retirement Resolution for Fox
Industrial Park Bond to the Consent Agenda. So moved by Alderman Sticka; seconded by
Alderman James.
Motion approved by a viva voce vote.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, March 28, 2005
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, April 21, 2005
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, April 7, 2005
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Monday, April 14, 2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To be Announced
The Minutes of the Regular Meeting of the Citv Council — March 22, 2005 - Aage 2
PRESENTATIONS
Swearing -in of Dave Delaney, Police Sergeant
Mayor Prochaska, Chief Martin, and Police Commissioners Johnson, Anderson and Putzler
swore -in Dave Delanev as Police Sergeant for the United City of Yorkville. They congratulated
him on the promotion.
PUBLIC HEARINGS
Mayor Prochaska noted that the court reporter, Christine Vitosh, C.SR. from Depo Court had
been called way due to a family emergency and that according to the City Attorney it was
acceptable for Ms. Vitosh to transcribe the Public Hearing from the tape of the meeting. He
asked that only one individual speak at a time and that speakers use the microphone and state
their name clearly.
Mayor Prochaska entertained a motion to go into the Public Hearings as listed on the agenda. So
moved by Alderman Sticka; 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
Aspen Ridge Estates
The first public hearing was for Aspen Ridge Estates, LLC, petitioner, request to annex to the
United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of
Yorkville R -2 One Family Residence District and for hearing as to the Annexation Agreement of
Petitioner. The real property consists of approximately 125.874 acres at 12024 Fox Road,
Kendall Township, Kendall County, Illinois.
Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by
Alderman Ohare; seconded by Alderman Sticka.
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
S & K Development/ Prairie Garden Subdivision
The second hearing was for S & K Development, petitioner, request for an Amendment to the
Annexation and Planned Unit Development Agreement to subdivide Lot 4 in the Prairie Garden
Subdivision. The real property consists of 2.56 acres at 202 Garden Street, Yorkville, Illinois.
Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by
Alderman Sticka; 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
Don & Carol Hammon and Five H, LLC
The third hearing was for Don & Carol Hammon and Five H, LLC, petitioners, request to annex
to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City
of Yorkville M -2 General Manufacturing District and for all Special Uses permitted in the m -2
District subject to site plan approval and for hearing as to the Annexation Agreement of
Petitioner. The real property consists of approximately 326.785 acres from Eldamain to Comeils
to Beecher to Faxon Road, Kendall Township, Kendall County, Illinois.
Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R. from Depo Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by
Alderman Sticka; 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
The Minutes of the Reeular Meeting of the Citv Council - March 22. 2005 - Dage 3
Arthur Meinzer /CCM Marketing, Inc and Ronald Moyers and Sang Chu
The fourth hearing was for Arthur Memzer /CCM Marketing, Inc and Ronald Moyers and Sang
Chu, petitioner, request to annex to the United City of Yorkville and rezone from Kendall County
A -1 Agricultural to United City of Yorkville B -3 Service Business District and for hearing as to
the Annexation Agreement of Petitioner. The real property consists of approximately 5 acres at
9211 W. Route 126, Kendall Township, Kendall County, Illinois.
Please see attached Report of Proceedings taken before Christine Vitosh, C.S.R from Depo Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close this portion of the public hearing. So moved by
Alderman Sticka, 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
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Water Department Report for November 2004
2. 2004 Sidewalk Replacement Program - 103 W. Center Street - authorize
reimbursement in an amount not to exceed $900.00
3. Request for Approval to use "John Robert Ament" as a Historical Street Name
4. Well 8 & 9 Treatment Facility - Change Order #2 - authorize increase in an amount
not to exceed $7,242.81, authorize an additional 157 calendar days to the contract
completion date and authorize the Mayor to execute
5. Game Farm Road Improvements - Land Surveying Service - authorize increase in an
amount not to exceed $574.40 for additional land surveying services for the Game
Farm Road project and authorize the City Engineer to execute
6. Fox Hill East Park - Ball Field Installation - authorize installation of a permanent
field at Fox Hill East Park in an amount not to exceed $13, 000.00. with an
approximate donation of $6, 000.00 from the Yorkville Youth Baseball /Softball
Association
7. Engineering Enterprises, Inc. (EEI) Scope of Service for Fox Road - Southwest Area
Transportation Study - authorize the Mayor and City Clerk to execute, subject to
receipt of developerfiinds
8. In -Town Road Program Drainage Contract Construction Inspection - authorize
contract with Smith Engineering Consultants, Inc. for construction
observation/staking services for the 2005 in -town drainage improvement program in
an amount not to exceed $67,264.50 and authorize the City Engineer to execute
9. Park Naming Request - approve the name of "Steven G. Bridge Memorial Park" for
the regional park located on Kennedy Road and Mill Street next to Grande Reserve as
recommended by the Park and Recreation Board in honor offormer Park Board
member and resident of Yorkville Steven Bridge as requested by his spouse Patti
Bridge
10. IDOT Letter of Understanding for Grande Reserve Route 34 Improvements - authorize
the Mayor to sign the Letter of Understanding for the widening and traffic signal
improvements on Route 34 along the frontage of the Grande Reserve Subdivision as
recommended by the Public Works Committee and the City Engineer
11. IDOT Highway Driveway Cut for Nelson Funeral Home - authorize City Engineer to
sign IDOT permit for Route 47 highway cut for Nelson Memorial Services contingent
on confirmation letter from IDOT
12. Results of Street Sweeper Bid - approve bid for the Municipal Street Sweeper to EJ
Equipment for the Tymco Model 500 in the amount of $143,900. 00
13. Adjustment to New Dump Truck Purchase - approve a correction in the purchase
price for the 5 yard dump truck from $77,875. 00 to the corrected price of $89,068. 00
as presented by the Public Works Director
14. RFQ Policy - approve the policy for the Request for Qualifications (RFQ) for
professional services as dictated by the Illinois Revised Compiled Statutes as amended
which states all RFQ requests shall have City Council approval
15. Ordinance 2005 -23 - In Town Road Program Bond - approve an Ordinance
authorizing the issuance of General Obligation Bonds(Alternate Revenue Source), in
an aggregate principal amount not to exceed $4, 000, 000.00 for the In -Town Road
Program and authorize the Mayor and City Clerk to execute all documents
The Minutes of the Regular Meeting of the Citv Council — March 22, 2005 - na eg_4
16. Resolution 2005 -17 - MFT Obligation Retirement Resolution for Fax Industrial Park
Bond — approve a Resolution providing for the retirement of municipal indebtedness
by the use ofMotor Fuel Tax funds for General Obligation Bonds (Alternate Revenue
Source) Series 2002 for the Fox Industrial Park Bond in the amount of $77,450. 00
and to authorize the Mayor and City Clerk to execute all documents
- Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved
by Alderman Sticka; 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
Mayor Prochaska reported that the Plan Commission would be holding its second meeting this
month on March 23, 2005.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the Special City Council
meeting from January 29, 2005 and minutes of the Committee of the Whole meetings from
February 17, 2004 and February 1, 2005; 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 March 11, 2005 totaling the following amounts: checks in the amount of
$1,021,722.31 (vendors); $159,876.33 (payroll period ending 3/05/05); for a total of
$1,181,598.64; seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -7 Nays -1
Besco -aye, Burd -aye, James -aye, Kot -aye,
Munns -aye, Ohare -aye, Spears -nay, Sticka -aye
REPORTS
MAYOR'S REPORT
Deuchler Easement Documents for Rob Roy Creek Interceptor Contract #3
Mayor Prochaska reported that the Yorkville - Bristol Sanitary District was obtaining an easement
on the easterly line of the Sexton's property for the Rob Roy Creek Interceptor and no action was
needed by the City Council.
ATTORNEY'S REPORT
Bruell Street Pump Station, Acquisition of Easements
Mayor Prochaska entertained a motion to authorize the City Attorney to negotiate the public
Utility Easements along Gawne Lane as needed for the Bruell Street Pump Station project as
presented by the City Attorney. So moved by Alderman James; seconded by Alderman Ohare.
Attorney Wyeth explained that the Engineering Department thought that the easements needed
along Gawne Lane were previously covered in earlier easement negotiations with landowners in
the area. However, there is a small portion owned by the Gawne family that was not included.
He asked that he be granted the authority to negotiate for the easement in exchange for the waiver
of annexation, water connection and sewer connection fees to the Gawne family.
Alderman Sticka questioned how water and sewer hook -ups could be accomplished in the small
strip needed for the easements. Attorney Wyeth explained that the parcel is adjacent to the route
of the new sanitary sewer and waxer lines. He further explained that the owners will have to
annex first to benefit from the free hook -ups; this is not under consideration at this time.
Mayor Prochaska further explained that the ownership of the property along Gawne Lane.
Motion approved by a roll call vote. Ayes -8 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Ohare -aye, Spears -aye
The Minutes of the Regular Meeting of the Citv Council — March 22. 2005 — nab
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMIIVISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
Director Pleckham reported that there will be a budget meeting held on March 29, 2005. She
explained that she would be out of the office most of the next week and asked that any questions
regarding the budget be directed to her before then.
Administrator Graff added that Director Pleckham has compiled revisions and has clarified
question from the March 15, 2005 Committee of the Whole meeting and this information should
be in the Council's mailboxes by late in the day on March 23, 2005.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported on the initial start up of the Cannonball Trail booster station. He stated
that everything worked great and that next week Public Works will begin to fill the north water
tower. Water will be pumped to the tower at a rate of 1400 gallons/hour and this will be done
after 10:00 P.M. He noted that homeowners on the north side of the city may see rust in their
water so he recommended that they run their tap for awhile before using the water.
CHIEF OF POLICE REPORT
PTI Graduate
Chief Martin reported that Officer Steven Bozue would be graduating from the Police Training
Institute on Friday, March 25, 2005.
Accident Assistance
He also thanked the City crew for their help with a serious accident on Route 34 and Center
Parkway. He reported that they set up barricades and cleaned up after the vehicles involved in the
accident were removed from the site.
Mayor Prochaska and Alderman Spears expressed gratitude to all the staff that assisted in the
incident and complimented the work they did.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
No report.
COMMUNITY & LIAISON REPORT
University of Illinois Extension
Alderman Spears reported that she attended the University of Illinois Extension Board meeting
where representatives from Champaign, Illinois interviewed individuals to evaluate and
determine if their programs are adequate. She stated that there were four one hour long sessions
and many suggestions, such as senior programs, 4 -H program for the Hispanic population, etc.,
came out of the sessions. Also discussed was the increase of drug use in Kendall County by
middle - school age children and educating the community regarding the clean -up along roads and
rivers. She also noted that the United City of Yorkville Police Department was complimented on
a program they held.
Senior Ad Hoc Committee
Alderman Spears reported that she attended the Senior Ad Hoc Committee where suggestions and
needs for a community center were discussed. Mayor Prochaska noted that there are discussions
ongoing with developers for the need for a center.
WCC Building Partnerships
Alderman Spears reported that she attended the Waubonsee Community College's Building
Partnerships for America's Future where jobs for students were discussed. Business
representatives presented information to local high school teachers and the college staff regarding
resumes, job interviews, etc.
New School Dedication
Alderman Ohare reported that she, along with the Mayor and several other aldermen, attended the
dedication of the new school in the Grande Reserve development. She stated that everyone
should be pleased and proud what the developer has done for the community. Mayor Prochaska
noted that the partnership developed in order to build this school has prompted telephone calls to
the City, School District and developer from other communities throughout the state asking how
this program was developed.
The Minutes of the Regular Meeting of the Citv Council — March 22, 2005 — nage 6
KEYS Meeting
Alderman Burd reported that she attended a kick -off referendum meeting held by the Keep
Excellence in Yorkville Schools (KEYS) group. She congratulated them on their efforts and the
enthusiasm of the workers. She commented that the community needs to have the referendum
passed and she explained that the state legislature has given their support by allowing the School
District to go for a higher bond than normally allowed. She stated that if the referendum is not
passed at this time, the opportunity will be lost. She also pointed out that the School District
- services other communities as well at Yorkville.
Mayor Prochaska stated that the City Council has tried to bring in quality development with
people willing to do partnerships with the city and the School District. He stated that a way to
keep this type of development coming to Yorkville is to maintain a strong School District.
IDOT Meeting
Mayor Prochaska reported that he met with Mr. Martin, the state head of the Illinois Department
of Transportation. Mr. Martin was unable to give specifics on programs in the area however he
stated that they are looking forward to prioritizing Yorkville's Route 47 needs. Mayor Prochaska
stated that he was assured that the City has the support for Route 47 from the Governor's Office,
the legislature and IDOT. He stated that he was cautiously optimistic that the City would see
some news about rt47 within the next 30 to 60 days.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Countryside Pump Station — Results of Bid Opening
A motion was made by Alderman Besco to approve River City Construction Co. for the
Countryside Pump Station project as recommended by the City Engineer and Walter E. Deuchler
Associates, Inc. as the low responsive, responsible bidder in the amount of $1,553,426.00 and
authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Sticka
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
Grande Reserve Aquatic Center — Plat of Vacation
A motion was made by Alderman Besco to approve the Plat of Vacation for Lot 3003 in Grande
Reserve Unit 2 as recommended by the City Engineer; 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
In -Town Road Program — IDNR Storm Sewer Easement
A motion was made by Alderman Besco to approve an Extended License Agreement with the
Illinois Department of Natural Resources (IDNR) for the storm sewer outfall for the In -Town
Road Project as recommended by Smith Engineering, the City Engineer and the City Attorney
John Wyeth and the Intergovernmental Agreement between the United City of Yorkville and the
State of Illinois Department of Natural Resources for the Glen Palmer Dam improvements project
and use of State owned property and to authorize the Mayor and City Clerk to execute all
documents; seconded by Alderman Sticka.
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
Resolution 2005 -16 Approving Increases in Hourly Rates and Expenses
for Engineering Enterprises, Inc. (EEI)
A motion was made by Alderman Besco to approve a Resolution approving the increases in the
Hourly Rates and Expense Schedule for Engineering Enterprises, Inc. (EEI) as presented;
seconded by Alderman Sticka.
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
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — March 22, 2005 — nag_e 7
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Dental/Vision/HAS Contracts
A motion was made by Alderman James to approve three agreements for Dental- Vision and
Health Savings Accounts and to authorize the Mayor and City Clerk to sign all agreements.
Furthermore, to amend the Employee Manual to provide these benefits after thirty (30) days of
employment for any new employee hired after May 1, 2005; seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes -8 Nays -0
Muni -aye, Ohare -aye, Spears -aye, Sticka -aye,
Besco -aye, Burd -aye, James -aye, Kot -aye
ADDITIONAL BUSINESS
Voice Mail Upgrade
Administrator Graff reminded the Council that there would be a voice mail upgrade made on
March 23, 2005. He stated that any saved messages will be lost when this is done.
Fox Hill Park Sign
Alderman Muni asked about the status of the park sign at the Fox hill Park indicating that a
permit was needed to play baseball on the field. Director Brown indicated that a new sign has
been ordered and will be installed as soon as it arrives. Alderman Burd suggested that the current
sign be removed.
Truck Ordinance
Alderman Munns asked when the truck ordinance would be discussed by the Public Safety
Committee and Alderman Kot indicated that it will be on the agenda next month.
City Community Developer/Planner Position
Alderman Spears asked if the discussion of a City Community Developer/Planner Position could
be placed on a Committee of the Whole agenda. Mayor Prochaska noted that the position is in
the budget and the job description will be discussed by the Administration Committee.
Administrator Graff verified that this item is on the next Administration Committee agenda and
the job description is under review by the labor attorney. Alderman Burd asked if the position
could be discussed at the budget meeting and Mayor Prochaska stated that it could be as long as it
was in the context of the budget.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing
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. So moved by Alderman Sticka; seconded by Alderman Ohare.
Mayor Prochaska asked that the City Clerk and City Attorney be included. He noted that no
action would be taken after the session.
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Spears -aye, Sticka -aye
The City Council took a break and entered into Executive Session at 9:00 P.M.
The City Council returned to regular session at 10:40 P.M.
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 10:41 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
March 22, 2005
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March 22, 2005
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CITY COUNCIL MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
CHRISTINE M. VITOSH, C.S.R. on March 22, 2005, at
the hour of 7:00 p.m., at 800 Game Farm Road in
the City of Yorkville, Illinois.
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REPO • COURT
reporting service
800 West Fifth Avenue Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 Fax 630 - 983 -6013
www.depocoui,t.com
2
1 P R E S E N T:
2 MR. ARTHUR F. PROCHASKA, Mayor;
3 MR. RICH STICKA, Alderman;
j 4 MR. PAUL JAMES, Alderman;
.tl 5 MR. JOSEPH BESCO, Alderman;
6 MS. VALERIE BURD, Alderwoman;
7 MS. WANDA OHARE, Alderwoman;
8 MS. ROSE ANN SPEARS, Alderwoman;
9 MR. LARRY KOT, Alderman;
10 MR. MARTY MUNNS, Alderman;
11 MS. JACQUELYN MILSCHEWSKI, City Clerk.
12
13
14 A P P E A R A N C E S:
15
WYETH, HEITZ & BROMBEREK
16 300 East 5th Avenue, Suite 380
Naperville, Illinois 60563
17 BY: MR. JOHN JUSTIN WYETH,
appeared on behalf of the City.
18
19 - - - - -
20
21
22
23
24
Depo Court Reporting Service (630) 983 -0030
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1 (Pledge of
2 Allegiance)
3 MAYOR PROCHASKA: I would entertain a
ri
4 motion to open the public hearings as listed on
5 the agenda.
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6 MR. STICKA: So moved.
7 MR. JAMES: Second.
8 MAYOR PROCHASKA: Moved and seconded.
9 May I have roll call, please?
10 MS. MILSCHEWSKI: Besco.
11 MR. BESCO: Aye.
12 MS. MILSCHEWSKI: Burd.
13 MS. BURD: Aye.
I
14 MS. MILSCHEWSKI: James.
15 MR. JAMES: Aye.
16 MS. MILSCHEWSKI: Kot.
17 MR. KOT: Aye.
18 MS. MILSCHEWSKI: Munns.
19 MR. MUNNS: Aye.
20 MS. MILSCHEWSKI: Ohare.
21 MS. OHARE: Aye.
22 MS. MILSCHEWSKI: Spears.
23 MS. SPEARS: Aye.
24 MS. MILSCHEWSKI: Sticka.
Depo Court Reporting Service (630) 983 -0030
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1 MR. STICKA: Aye.
A�
2 MAYOR PROCHASKA: Motion is carried.
3 The first public hearing is Aspen Ridge Estates,
4 LLC, petitioner, request to annex to the United
5 City of Yorkville and rezone from Kendall County
6 A -1 Agricultural to the United City of Yorkville
7 R -2 One - Family Residence District, and for a
8 hearing as to the annexation agreement of
9 P etitioner.
10 The real property consists of
11 approximately 125.874 acres at 12024 Fox Road,
12 Kendall Township, Kendall County, Illinois.
13 Sir, we're going to ask you to
14 use the wired one because I think they've been
15 having some problems with the wireless there,
16 so --
17 MR. MEEK: Okay.
18 MS. MILSCHEWSKI: It didn't pick up
19 that well at the last meeting.
20 WHEREUPON:
21 DAVID MEEK,
22 testified before the City Council as follows:
23 MR. MEEK: Good evening, everyone.
24 My name is David Meek, M- E -E -K, from the law firm
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1 of Quarles & Brady in Chicago, and I am here on
2 behalf of the petitioner, Aspen Ridge Estates, to
3 discuss and present our petition for annexation,
4 zoning, and the particular public hearing matter
5 tonight is the annexation agreement.
6 We have been before you before
7 on the concept plan, and we are working our way
8 through plan improvements, plan recommendations,
j
9 and reviews.
10 The color picture for you is
11 our concept plan, which has undergone some
12 modifications in light of our meetings with plan
13 council, plan commission, park board, and you,
I
14 and we now have a preliminary plat, which we are
15 going to the plan council on the middle of next
16 month. So I will put up that plan. It's black
17 and white, but it accurately reflects our current
18 thinking about this property.
19 As was stated earlier, this is
20 a now 217 lot proposal, lots that are on average
21 approximately 14,284 square feet.
22 We are seeking annexation -- we
23 are seeking annexation with R -2 zoning, and we
24 are looking for -- we provided a plan that we
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1 think is responsive to the site and provides some
2 nice amenities, both to the management there and
3 to the city.
4 As to the amenities to the
^� 5 city, e discussed the proper roadways, y, p p we have
6 the park that will be annexed in, and our
7 understanding is that we will be asking you to
8 accept a dedication of this park, with the
i
9 addition of a trail along Fox -- or, I'm sorry,
10 Pavillion Road.
11 Our annexation agreement really
12 has some basic elements. Again, the annexation
13 is zoned to R -2. We are not seeking any
14 variations from your zoning code for this
15 project. When you get to the subdivision
16 improvements, we are not seeking any variations
17 from the subdivision code.
18 We are, of course, looking to
I
19 be annexed into the sanitary district, we are
20 going to construct all of our on -site
21 improvements.
22 If engineering determines that
23 there is any oversizing that we don't anticipate,
24 we would ask that we be able to enter into a
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7
1 recapture agreement with the city to recapture
2 the costs of oversizing these sewer and water in
3 order to accept the roadway improvements that
4 would qualify for such.
5 Donations and contributions to
i
6 the city, the city has a standard schedule of
7 fees by ordinance. Our understanding is that the
8 one fee that is not by ordinance,that you
I
9 typically seek from petitioners under an
10 annexation agreement is the $2,000 a lot -- per
11 lot road improvement impact fee, and we are, of
12 course, amenable to that.
13 Our only request would be that
I
14 since we make improvements to the roadways, but
15 roads are of concern, which improvements were not
16 necessitated by our project, but were general
17 improvements to the roads, that we be credited
18 the cost of those improvements against that fee,
19 call it infrastructure fees, or either some of
20 that be contributions in terms of doing
21 engineering studies with respect to the sewer and
22 water fees I believe they have collected from
23 other developers who are petitioning for
24 development in this southwest area of the city.
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1 The open space, except for the
2 areas we have posted to the city, that being the
I
3 trail and park, the open space areas along Galena
4 Road and stormwater management areas would be
5 maintained by a homeowner's association.
6 We would suggest that -- or we
7 have asked in the annexation agreement that the
8 city consider the option of -- we would consent
9 to the formation of what's called a dormant
I
i
10 special service area, that in the event that
11 there is a problem that the city feels with the
12 homeowner's association maintenance of those
13 facilities, that the city would be able to levy
14 certain costs -- certain fees against the
15 property owners through the mechanism of a
16 special service area, and we have proposed the
17 one dollar per hundred equalized assessed value
18 of the property.
i
19 With respect to security for
20 improvements, we are asking for the option of
21 either posting a letter -- posting a bond or
22 utilizing a letter of credit, which is allowable
23 under state law now.
24 And with respect to fees and
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9
1 charges for permits, tap -on, connection fees, et
2 cetera, we are asking that those fees be locked
3 as they are today or when the annexation
4 agreement is effective for a period of four
5 years, and then after that they would increase
6 over time.
7 We are also asking for the
I
8 ability to put in model homes and sales trailers.
9 We are asking that -- you know, to sum up, it's f
10 pretty much in keeping with the subdivision code,
11 but we have a couple of little tabs in there
12 putting in models which we could use upon the
13 provision of the draft plan, so the details that
i
14 are in there we would work out.
15 And then we are looking for the
16 ability to develop this project in phases. What
17 we are asking here is that the preliminary plan
18 we are proposing for approval would be effective
f
19 for a period of 12 months, so we'd have it to
I
20 take it to final plat, but -- then once we final
21 platted the first phase, but the balance of the
22 property hasn't been final platted would be
23 subject to the preliminary plat, which then could
24 be for a three -year period, so we sort of lock in
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10
1 and extend the preliminary phase so we can begin
2 development phase without losing what is
3 provided by your preliminary plat approval
4 process.
5 The amendment -- or the
6 agreement that is proposed asks for a 20 -year
7 term, and obviously the documents are binding
8 against the owner, and the owner,would be putting
9 in the subdivision improvements, and that's
10 pretty much the gist of what our -- this
11 document is that's proposed to the city.
12 MAYOR PROCHASKA: At this time I'd
13 ask if there is anyone in the audience that would
14 like to ask any questions or have any comments.
15 Yes, sir. Please come forward, state your name.
16 WHEREUPON:
i
17 JIM BIRCH,
18 testified before the City Council as follows:
19 MR. BIRCH: Yes. Jim Birch, 17
20 Highview Drive.
21 On the first map, I live down
22 in the lower right -hand corner of the Ligen
23 Heights (phonetic) subdivision, and I notice that
24 we're going to be surrounded, there are plans for
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11
1 another subdivision behind us, and I think on the
2 other side of the cemetery also, and I'm just
3 wondering, are all these other subdivisions going
4 to be the same size lots and will you annex
5 Pavillion Road to the city?
6 The one road coming out of this
7 subdivision, is that going to hook up with our
8 subdivision?
9 MAYOR PROCHASKA: Well, what I can
10 tell you right now is any road that we annex up
11 to, the city -- I believe Pavillion is a township
12 road, correct?
i
I
13 MR. BIRCH: Yes.
i
14 MAYOR PROCHASKA: Which means that
15 when we touch that, anywhere the city touches it,
16 it becomes a city street, so the area that's
17 adjacent to that subdivision would become a city
18 street in the City of Yorkville.
19 As far as anything connecting
20 from this subdivision into yours, there is at
21 this point no plan to connect to your subdivision
22 from that subdivision, so that what you see there
23 is the plan right there.
24 MR. BIRCH: Okay. But the one road
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12
1 does come to the back side of the subdivision.
2 MAYOR PROCHASKA: Correct. Correct.
3 MR. BIRCH: And we do have a roadway
4 that dead -ends on a cul -de -sac.
5 MAYOR PROCHASKA: Well, but it
6 does -- Like I said, it doesn't show a connection
7 there, it goes into the property to the south, so
8 that -- that -- Is that the Chelly (phonetic)
9 place?
10 MR. MEEK: That's the Chelly
11 property.
12 MAYOR PROCHASKA: I believe they are
13 looking at connecting it to that --
14 MR. BIRCH: Hillside Drive.
15 MAYOR PROCHASKA: Right. And, I'm
16 sorry, what was your other questions you had? As
17 far as other developments, those will all be
18 taken in individually as they come. I mean,
19 that's not part of this public hearing, you know,
20 what we've got coming here.
21 MR. BIRCH: I was just wondering if
J g
22 by looking at this, this is what I could
23 anticipate for coming behind us.
24 MAYOR PROCHASKA: Well, I think it
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13
1 meets the zoning for the area and the land use,
2 so I guess that's all I can tell you at this
3 point until those other plats come before the
4 City Council, but I think Chelly -- Chelly did.
� 1
5 MR. GRAFF: In concept plans.
6 MAYOR PROCHASKA: They have no
7 preliminary plat.
8 MR. GRAFF: They are working on
9 their plat.
10 MAYOR PROCHASKA: So that would just
11 come in with concept, and they had a variety of
12 sizes there, but I don't believe they had
I
13 anything smaller than what's here.
14 UNIDENTIFIED SPEAKER: Correct.
15 They are looking at 12,000 square foot.
16 MR. BIRCH: And one more question.
� 17 MAYOR PROCHASKA: Yes, sir.
18 MR. BIRCH: The city limit I think
19 is at least a half mile away yet. Where are you
20 coming with your sewer and water?
21 MAYOR PROCHASKA: Well, that's up to
22 the developer. We actually have a plan and they
23 have to follow the city's plan for providing
24 sewer and water, and that would be the developers
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14
1 along the way have to pull that, and I believe
2 the plan has been out a long time.
3 MR. MEEK: Correct. We have to
4 secure -- As we are moving, we are securing
5 easement rights, as we are moving ahead.
6 MAYOR PROCHASKA: As developers
7 develop the land, we require easements from them
8 as they -- as they go on, so as far as when this
9 one would develop, obviously this one would have
10 to wait until the ones up the street go.
11 MR. BIRCH: So as long as there
12 is -- Evergreen Farm doesn't develop or --
13 MAYOR PROCHASKA: Well, or across --
14 now that the -- is that contiguous to the Boy
15 Scout camp, former Boy Scout camp?
16 MR. BIRCH: Well, part of it is.
17 MAYOR PROCHASKA: Okay. So that --
18 a quarter only. So that would mean that would
19 have to wait until the other property is annexed.
20 MR. STICKA: Just as a point of
21 clarification, is the Boy Scout camp actually
22 considered in the agreement?
23 MAYOR PROCHASKA: Part of our
24 agreement, in the intergovernmental agreement, is
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15
1 that it will be annexed into the City of
2 Yorkville.
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3 MR. STICKA: So property touching
4 that is contiguous.
5 MAYOR PROCHASKA: I don't know if
I
i
6 that's actually been done yet.
7 MR. WYETH: No, it's actually
8 waiting for a process of the third tract, for
9 that to be annexed -- or for that to be
10 purchased.
11 MAYOR PROCHASKA: Okay.
12 MR. WYETH: And then that's part of
I
13 the agreement with Qualans (phonetic).
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14 MAYOR PROCHASKA: Because part of
15 this could be used as city park, so it makes
16 sense to get it.
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17 MR. BIRCH: And other than the
18 floodplain along the creek, that's all park area
I
19 of the subdivision?
i
20 UNIDENTIFIED SPEAKER: There is a
21 corridor over here where there is a trail, we
22 called it a city parkway, and with the Boy Scouts
23 here, south of here is for a future purpose, and
24 we have that tree stand there and the trail here.
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16
1 MAYOR PROCHASKA: Is there anyone
2 else?
3 UNIDENTIFIED SPEAKER: Yes.
1
4 MAYOR PROCHASKA: Okay.
5 UNIDENTIFIED SPEAKER: When do you
6 plan to be contiguous? Do you have a time frame?
7 What do you have that's already city or in the
8 works to be contiguous?
9 MAYOR PROCHASKA: There are a number
10 of developers or developments that are in various
11 stages of coming to the city, so which one -- we
12 would probably take the one across the street, it
13 could be annexed to make it contiguous.
i
14 MR. GRAFF: There is a couple
15 different ways for that contiguity issue to be
16 resolved, going along Fox Road is the most
17 logical way, and I would think that for this
18 project you are looking at -- for it to be
E
19 official, you are looking at anywhere from a six
20 to 12 -month process for the City Council to
21 review the annexation, minimum.
22 UNIDENTIFIED SPEAKER: I know it
23 goes up as far as the one subdivision -- which I
24 can't think of the name of.
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17
1 MAYOR PROCHASKA: River's Edge?
2 UNIDENTIFIED SPEAKER: Fox Lawn?
I
3 MAYOR PROCHASKA: Fox Lawn is not in
4 the city.
5 UNIDENTIFIED SPEAKER: Fox -- Fox is
6 not part of it? Okay. The other.
7 MAYOR PROCHASKA: Right. Right.
8 UNIDENTIFIED SPEAKER: Then the City
i
9 has the Hoover as far as city property?
10 MAYOR PROCHASKA: Well, it is in our
11 agreement to be annexed; it has not --
I
12 UNIDENTIFIED SPEAKER: Has not?
13 MAYOR PROCHASKA: The formality of
14 it being done has not happened.
15 UNIDENTIFIED SPEAKER: Okay. So is
16 that for -- it's not a done deal as for the
J 17 easement of the water on that part of it. I
18 tried to see the progression of it.
19 MAYOR PROCHASKA: Okay.
20 UNIDENTIFIED SPEAKER: And then
21 after that part, then you are next to Silver
22 Eagle? Is that what --
23 MR. GRAFF: Silver Fox is next.
24 UNIDENTIFIED SPEAKER: Silver Fox.
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18
1 MR. GRAFF: That's on the old Graff
2 farm, and then next to that will be the Evergreen
3 Farm piece, and it will be up to this piece.
4 UNIDENTIFIED SPEAKER: Right.
5 MR. GRAFF: And then across the road
6 you have the Inland project that's right at Fox
7 and High Point, and the Fox River Bluff
8 project.
I
9 UNIDENTIFIED SPEAKER: Okay.
10 MR. GRAFF: That's in contract
11 review. There is numerous ways to get it
12 connected.
13 UNIDENTIFIED SPEAKER: The Graff,
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14 has there been an agreement there for easement {
15 then?
16 MR. GRAFF: In the annexation
r
17 agreement that they are putting together, it will
18 be a requirement that we will have an easement.
19 We don't have the easement yet at this point.
20 The easements go as far as
21 River's Edge right now, and then in the agreement
22 with Hoover, we have language in there to provide
23 us an easement there, but we still have to get
24 easements.
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1 UNIDENTIFIED SPEAKER: Do you do
2 right of domain then?
3 MR. GRAFF: The City Council has not
4 taken eminent domain as a process to gather
1
5 easement. Normally it works as part of the
6 development process to bring it along.
7 UNIDENTIFIED SPEAKER: Okay. So if
8 annexation is accomplished --
9
MR. GRAFF: There is discussion
10 about what we are calling the Southwest Public
11 Utility Plan, where all the developers will be
12 contributing, but they'll have to be brought
13 before the City Council for agreement on bonding
14 and funding to the development, so there's --
15 we're still -- Tonight's hearing, and I'll turn
16 it over to the attorney, we're not looking to
17 annex tonight. This is just a discussion.
18 UNIDENTIFIED SPEAKER: Oh. Oh, yes.
19 Yes.
20 MAYOR PROCHASKA: Is there anyone
21 else?
22 (No Response)
23 MAYOR PROCHASKA: Okay. With that,
24 I would ask the Council if they had any questions
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1 to the developer. Yes, Rose.
2 MS. SPEARS: I have a few questions.
3 You said that with the general road improvements
4 that you would expect the developer to be
5 reimbursed as to the general, but anything
6 affecting your development, then you're not going
7 to ask for reimbursement. Is that correct?
8 MR. MEEK: I believe, I was talking
1
9 about the $2,000 road improvement impact fee, and
10 we said if these improvements were not specific
11 to our project, then we would ask for a variation
12 of that, that the amount that was expended be
i
13 credited as to the amount for the impact fees.
14 The impact fees would be a part of the
15 annexation.
16 MS. SPEARS: We are currently
I
17 conducting a traffic road study right now and we
18 are expecting a solution before the Council votes
19 on anything or whatever, and I believe that if
20 they come out with the solution being widening
21 the road to four lanes, putting in turn lanes,
22 with the fee that we're going to be collecting
23 from -- with the impact fee that you're going to
24 be paying is only $434,000, so I'm not quite sure
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f
k
21
1 if that would cover the expenses of what I
2 believe would be probably necessary.
1,
3 MR. MEEK: Well, I think that we are
I
4 open to participating in road costs that would be
5 paid by the results of that study. f �
I
6 We are going to be and we have
7 already put money -- actually I don't think we
8 have put money down, it's the agenda item y
I�
9 tonight, but we are standing ready to put money
10 into the feasibility study, and we are interested
11 in being responsive to that and anticipate that
12 that will be consistent with what's expected by
13 the Council.
14 MS. SPEARS: Oh, okay.
I
15 MAYOR PROCHASKA: There are dollars,
16 and that study involves a larger area, too, so
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17 all the dollars will go together for those
18 properties, that's why we collect that fee, is to
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19 be able to do those improvements, so...
20 MR. MEEK: Yes. Finally, I
21 anticipate there is a lot going out there, and
22 there will be significant improvements and we
23 probably won't see the opportunity to ask for a
24 credit for an impact fee.
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22
1 MS. SPEARS: I just wanted you to be
2 aware of it and your developer before he takes
I
3 the next step.
4 MR. MEEK: Yes, yes. Keeping in
J 5 mind the possibility that perhaps there might be
6 paving in a lot of the improvements that might
7 actually be a two -tier structure as to how it was
8 done, funded.
9 MAYOR PROCHASKA: I think what I'd
10 just like to make sure is in there that there is
11 an agreement to participate in the evaluation
12 study of Fox Road because I think we will be
13 talking about that later on tonight.
14 The idea is that you are
15 looking at funds upfront rather than back and
16 forth, back and forth, so look at that.
l
17 I think the overall cost
18 that -- again, that will be determined as that
19 evaluation study is put together to not only deal
I
20 with Fox Road, but to deal with Pavillion Road,
21 deal with extension of some other roads and
22 creating some of the roads to move traffic
23 through that area. So that will all come in its
24 due time.
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1 I think the initial thing is in
2 this agreement for me is I'd just like some
3 acknowledgement that the developer will
4 participate in the evaluation study.
5 MS. SPEARS: Can I ask another
6 question --
7 MAYOR PROCHASKA: Sure. j
I
8 MS. SPEARS: -- for,clarification?
9 I don't know, maybe I have to wait until the next
10 portion.
11 MAYOR PROCHASKA: All right. Go
12 ahead.
I
13 MS. SPEARS: We're talking about --
i
F
14 Well, this keeps talking about phase one, phase
15 two, and phase three, and you said collect the
16 impact fees upfront. Do we collect the impact
( i
y
17 fees on all phases --
18 MAYOR PROCHASKA: That could be --
19 MS. SPEARS: -- upfront?
20 MAYOR PROCHASKA: I think that would
21 be a part of what we determine in this agreement
22 based on need for dollars. It may not be all of
23 it, but we'll know that.
24 MR. GRAFF: Normally the way we --
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24
1 the trigger mechanism is upon need, if the study
2 shows that the road should be improved or it has
3 to be built, such as with Grande Reserve, Vista
ii
4 Ridge Road had to be done first, we are going to
5 model this one after what we have at Grande
6 Reserve and what would trigger, so roads would be
7 improved before the impact.
8 MAYOR PROCHASKA: Wanda?
9 MS. OHARE: I understand this is
10 just a draft that we are looking at, but two
11 questions. On Page 8 where it refers to park
12 land and the ag contributions, the park land
I
13 mentioned in here, is that for the associate --
14 for the homeowners, the public part?
15 MR. MEEK: No. Sorry. The --
16 Probably wasn't clear. We -- The intent is --
17 and we have to be clear -- the assembled park --
18 well, the assembled park and trail.
19 MS. OHARE: Okay. So the agreement
I
20 here refers to the trail, right?
21 MR. MEEK: Yes. At that point this
22 wasn't -- the original draft wasn't submitted.
23 MS. OHARE: So this is strictly just
24 the draft of the site. Okay. And the other
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1 question is how do we adjust the fire district
2 fee?
3 MR. MEEK: Those --
4 MS. OHARE: So those would all be
5 adjusted?
I
6 MR. MEEK: Yes. That option has
7 been lifted out. Basically our intent is
8 whatever the ordinances are --
1
9 MS. OHARE: I do read it.
10 MR. MEEK: I appreciate that. And
11 you will probably find some things that I haven't
12 rereading it.
i
13 MS. OHARE: Thank you.
14 MR. MEEK: Thank you very much.
d
15 MAYOR PROCHASKA: Anyone else? Yes,
16 Larry.,
17 MR. KOT: One question on the
18 trails.
19 MR. MEEK: Yes.
20 MR. KOT: I couldn't see. How far
21 does it go? Does it come all the way through
22 this property or does it go down there?
23 MR. MEEK: The trail is along the
24 eastern part, it will follow this path up past
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1 here.
2 MR. KOT: My question is being on
3 the Fox River, we have this trail system that's
4 kind of in a fiasco over here. If they don't get
5 the approval down there, then that's kind of a
I
6 trail for those residents and the whole city pays
7 for that trail there that goes nowhere.
8 MAYOR PROCHASKA: Well, I think in
9 deference to what happened to Fox Trail, there
10 was no trail plan -- reasonable trail plan that
11 we now have, and I believe that's what the park's
12 been looking at, because if you look how it goes,
13 it goes up to the corner, right where the Boy
i
14 Scout camp is, and that's part of bringing access
15 up into that larger park.
16 Good point, though. I mean,
17 that's I think one thing we talked about, is make
18 sure that the trails are --
19 MR. MEEK: You've got connection all
20 the way down to 71, you should have this
21 conducted in the same time frame.
22 MR. KOT: They do have a plan
23 system where it goes somewhere, around a golf
24 course, unlike --
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1 MAYOR PROCHASKA: You need to get a
2 copy of our master plan, because ours --
3 MS. OHARE: It's in there.
4 MR. KOT: And then like the woods,
5 you propose it's going to be concrete or mulch
6 or --
7 MAYOR PROCHASKA: Well, it will be
8 to the park standard, which I believe is asphalt.
9 Anyone else?
10 (No response)
11 MAYOR PROCHASKA: I would like to
12 entertain a motion to close this portion of the
13 public hearing.
i
14 MS. OHARE: So moved.
15 MR. STICKA: Second.
16 MAYOR PROCHASKA: Seconded. Roll
� I
17 call, please.
18 MS. MILSCHEWSKI: Burd.
19 MS. BURD: Aye.
i
20 MS. MILSCHEWSKI: James.
21 MR. JAMES: Aye.
22 MS. MILSCHEWSKI: Kot.
23 MR. KOT: Aye.
24 MS. MILSCHEWSKI: Munns.
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1 MR. MUNNS: Aye.
2 MS. MILSCHEWSKI: Ohare.
3 MS. OHARE: Aye.
4 MS. MILSCHEWSKI: Spears.
5 MS. SPEARS: Aye.
6 MS. MILSCHEWSKI: Sticka.
7 MR. STICKA: Aye.
1
8 MS. MILSCHEWSKI: Be,sco.
9 MR. BESCO: Aye.
10 MAYOR PROCHASKA: Motion is carried.
11 Thank you.
12 Now we move on to the next
i
13 item, which is S & K Development, petitioner,
14 request for an amendment to the Annexation and
i
15 Planned Unit Development Agreement to subdivide
16 Lot 4 in the Prairie Garden Subdivision.
17 The real property consists of
18 2.56 acres at 202 Garden Street, Yorkville,
19 Illinois.
20 WHEREUPON:
21 TOM GRAHAM,
22 testified before the City Council as follows:
23 MR. GRAHAM: Good evening. Tom
24 Graham, representing S & K. This is really more
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1 of a drawing amendment if you will than an
2 amendment to the substance of the planned unit
3 development agreement, which was approved by the
4 Council back in 2000, and then there was a minor
1 5 amendment to that agreement in 2001, which had to
6 do with senior citizen's housing, which is
7 actually west. 9
8 S & K owns Lot,4, and it's one
I
9 large lot, a little more than two acres. What we
10 want to do is break it off into basically seven
11 sublots, and we are showing them here. On these
12 lots would be individual buildings, and on these
13 that you've got, it shows a commons area D. The
I
14 commons area is actually one of the Bethany
15 driveways parking facility, so all of the
16 buildings.
17 The intent is to create
18 individual ownership of the building and then
i
19 subownership, so that someone could come in and
20 buy a 2,000 square foot unit in an otherwise
21 6,000 square foot building.
22 But that's really all we are
23 before you to do tonight, is to have a hearing
24 and the gain approval to break this off into
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1 basically seven lots.
2 And it will be treated somewhat
3 like a condominium, there will be restrictive
4 covenants, declaration of ownership, easements
1 5 back and forth across all the common area, and
6 again, the goal here is to create individual
7 ownership in a commercial building.
8 The real estate is zoned
9 commercial; we are not asking for you to change
10 the zoning.
11 A comparable project is the
12 Marker project up on McHugh Road, where the title
i
13 company is at, when they broke up that larger lot
14 into smaller lots.
15 And the other one that's a good
16 comparison is where Chicago Title is at in Aurora
17 at West Downer Place there, behind Jewel Osco.
18 It's the same type of a
19 situation there, where those buildings are
20 actually in individual ownership, and some are
21 actually broken up into individual units inside.
22 If you have ever been in
23 Chicago Title, they occupy the whole.building and
24 some of the other buildings up there are occupied
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1 by smaller -- Edward Jones has an office there,
2 somebody else there, in the same building.
3 That's what we're trying to do
4 here, creating a vehicle whereby they can have
i
5 private ownership, but in what would otherwise be
6 like a condominium building. That's really it.
7 MAYOR PROCHASKA: At this time I
8 would ask if there is anyone in the audience that
9 would like to ask any questions, make any
10 comments, or otherwise comment to City Council on
11 this project.
12 (No Response)
i
i
13 MAYOR PROCHASKA: Hearing none, are
14 there any questions on the City Council? Yes,
15 Wanda.
16 MS. OHARE: Is this the area that's
17 south of town by the landscape? Where is this
18 development?
19 MAYOR PROCHASKA: It's on Garden
20 Street.
21 MR. GRAHAM: It's on Garden Street,
22 by the senior citizens --
23 MS. OHARE: Right.
24 MR. GRAHAM: The 55 and over. It's
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1 right there. This is the lot right just before
2 you get back into Hughes' development there.
I
3 Yeah.
I
4 MS. OHARE: Okay. Close to Kendall
5 County Landscape.
6 MR. GRAHAM: Get your gardens, yeah.
7 And there is one building that's already up, just
8 about --
9 MS. OHARE: It's already built?
10 MR. GRAHAM: It's built. There is
I
11 one building already built on the site, so that's
12 the first of the six that we intend to build.
i
13 MAYOR PROCHASKA: Any other
14 comments?
15 MR. BESCO: Just a comment. If you
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16 do do it like that West Downer type business park
{
17 back there, or Edwards back that way, it's very
18 nice the way they have the concept, the trees.
19 MR. GRAHAM: That's what we intend
20 to do, yeah, make it a really high class, yeah.
21 With the reconstruction, very little -- minimum
22 maintenance.
23 MR. BESCO: That's very nice,
24 especially when you drive through that area.
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1 Very nice.
2 MR. GRAHAM: One of the things we do
3 have to do before we get to your Committee of the
4 Whole meeting is have a proposed draft of the
5 amendment. I just happen to have one. And then
6 I'll get together with John and go over the
7 changes to that that you think we need.
8 MAYOR PROCHASKA: Okay. Any other
9 comments or questions at this time?
10 (No Response)
11 MAYOR PROCHASKA: Hearing none, I
12 would entertain a motion to close this public j
13 hearing.
14 MR. STICKA: So moved.
15 MS. OHARE: Second.
16 MAYOR PROCHASKA: Moved and
I
17 seconded. Roll call, please?
18 MS. MILSCHEWSKI: Burd.
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I
19 MS. BURD: Aye.
20 MS. MILSCHEWSKI: James.
21 MR. JAMES: Aye.
22 MS. MILSCHEWSKI: Kot.
23 MR. KOT: Aye.
24 MS. MILSCHEWSKI: Munns.
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1 MR. MUNNS: Aye.
2 MS. MILSCHEWSKI: Ohare.
a
3 MS. OHARE: Aye.
'GI
4 MS. MILSCHEWSKI: Spears.
5 MS. SPEARS: Aye.
6 MS. MILSCHEWSKI: Sticka.
7 MR. STICKA: Aye.
8 MS. MILSCHEWSKI: Be,sco.
9 MR. BESCO: Aye.
10 MAYOR PROCHASKA: Motion is carried.
11 MR. GRAHAM: Thank you.
12 MAYOR PROCHASKA: We move on to Item
13 number 3 in our public hearing. Don and Carol
14 Hammon and Five H, LLC, petitioners, request to s
15 annex to the United City of Yorkville and rezone
16 from Kendall County A -1 Agricultural to United
17 City of Yorkville M -2 General Manufacturing
18 District and for all Special Uses permitted in
19 the M -2 District subject to site plan approval
20 and for hearing as to the Annexation Agreement of
21 Petitioner.
22 The real property consists of
23 approximately 326.785 acres from Eldamain Road to
24 Corneils to Beecher to Faxon Road, and this
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1 actually should say Bristol Township, Kendall
2 County, Illinois.
3 WHEREUPON:
i
4 JOHN DELACOURT,
5 testified before the City Council as follows:
6 MR. DELACOURT: Yes. Good evening,
7 Mr. Mayor, members of the Council. My name is
8 John Delacourt (phonetic). I am,very pleased to
9 be representing Don and Carol Hammon in
i
10 connection with this application.
11 Mr. and Mrs. Hammon acquired
12 from Commonwealth Edison Company the spare
13 property that surrounded their electric
14 substation as indicated on the zoning exhibit.
15 The property is in the
16 comprehensive plan as manufacturing, and they are
17 seeking to annex it for that purpose.
18 We have scheduled hearings on
19 all the -- hearing on special use. We are
20 intending to draft another exhibit a little more
21 advanced than this shot prepared showing this
22 road.
23 We are contemplating putting a
24 construction interior lane on the interior area
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1 of this roadway by the substation, and Mr. Hammon
2 contemplates, if the Plan Commission and the
3 Council approves it, that that would be an
4 excellent location for an asphalt plant for --
5 variance plan.
6 He also has had discussions
7 with a company about concrete dock manufacturing,
8 which is a permitted use in that,zone, but we
9 contemplate if that is to be located in the area,
10 that would be in that construction material would
11 be adjacent to the substation.
12 We have proposed an annexation
13 agreement; we haven't yet had a chance to receive
14 Staff comments and to respond to them at this
15 point in time, but we have asked that the
16 property be annexed subject to your determination
17 on our pending special use applications and an
18 acceptable annexation agreement.
19 MAYOR PROCHASKA: Is there anyone
20 who would like to come forward and address the
21 Council with comments or questions?
22 WHEREUPON:
23 SUE HANSON,
24 testified before the City Council as follows:
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1 MS. HANSON: Yes. My name is Sue
2 Hanson, and I am at the corner of Faxon and
3 Eldamain Road, directly across from the property
4 mentioned, and I have several concerns.
5 I wonder first is the property
6 currently contiguous?
7 MAYOR PROCHASKA: It is through the
8 easement because we are contiguous to the ComEd
I
9 property, and you are -- ComEd I believe as a
10 utility was able to annex through.
11 MS. HANSON: Also I was wondering
12 then will city water and sewer be run immediately
i
13 out to the property if something is okayed for
14 development?
15 MAYOR PROCHASKA: Well, at this
16 point I guess I can't answer that specifically,
17 but typically as development happens, we require
18 water and sewer to be run out.
19 MS. HANSON: If someone purchased
20 the area, say where they are talking about the
21 asphalt plant or something, would they be allowed
22 to start out with well and septic or would they
23 have to wait until --
24 MAYOR PROCHASKA: Well, that would
Depo Court Reporting Service (630) 983 -0030
38
1 be something I think we would look at in the
2 agreement, but I would say typically for
3 commercial and industrial properties that has in
4 the past been allowed, with the caveat that when
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5 water and sewer is run, that they be -- hook in
6 to it.
7 MS. HANSON: One of the things I was
8 concerned about is that we do have a private
9 well, and so we are always concerned about
10 getting development right next to it and
11 contamination of our water, and I hope that would
12 be something that would be taken into concern.
13 Also, would there be any type
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14 of signal light or anything there? Is the road
15 directly going in to that going to be across --
16 directly across from Menard's?
f i
17 MAYOR PROCHASKA: I believe, John,
18 is that what the plan is? I think it is.
19 MR. WHITEHOUSE: What Mr. Schoppe
20 contemplates is that the main access would be
21 opposite the main access to Menard's, and that
22 would be the primary access, but it would be
23 signalized as traffic would warrant.
24 MAYOR PROCHASKA: Right.
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1 MS. HANSON: Because right now
2 currently it's not a very good intersection just
3 with traffic going into Menard's, because myself,
4 I go north to work, and there is -- especially
5 when you come home, trucks do not stop, they pull
6 out, so if you have trucks also going into the
7 other side, you know, it's going to make it
8 equally dangerous.
9 Also, on this one drawing, when
10 construction does begin on any of the properties
11 out there, will there be regulations as to the
12 hours of construction work on the actual land?
13 When the Menard's warehouse
14 went in, they worked 20 hours out of 24, and so I
I
15 just wonder if the city had any type of agreement
16 or if someone was allowed to bring in their
I
17 lights and work around the clock.
18 MAYOR PROCHASKA: I think currently
19 they are not allowed to work after dark.
20 MR. WYETH: We looked into that
21 after you came to the Plan Commission, and our
22 building department said it's a dawn to dusk
23 requirement within the city.
24 MS. HANSON: Okay. Also, how about
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40
1 do you have restrictions on the type of lighting
2 that would be allowed, you know, so it doesn't
3 project out?
4 MAYOR PROCHASKA: Actually, that's
5 probably one of the things that we have just
6 recently upgraded, is our lighting and
7 subdivision ordinances, looking at the -- what do
8 you call it, the dark sky?
9 MR. WYETH: Night sky.
10 MAYOR PROCHASKA: Night sky type
11 lighting.
12 MS. HANSON: Also, another thing I
13 was wondering is will this be -- will there be an
i
14 action taken this evening on this?
15 MAYOR PROCHASKA: No.
16 MS. HANSON: Also I was wondering if
17 you are looking into or considering giving a
18 blanket special use permit to this 326 acres
19 or --
20 MAYOR PROCHASKA: Well, you were at
21 the Plan Commission --
22 MS. HANSON: Right.
23 MAYOR PROCHASKA: -- so you heard
24 their comment --
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41
1 MS. HANSON: Right.
2 MAYOR PROCHASKA: -- and I think we,
3 the Council, at Committee level had pretty much
4 the same comment, which was while individually I
5 don't think that there was any -- depending where
6 they are located in the property any special
7 uses, but I believe -- and I don't want to speak
8 out for the entire Council -- but I believe there
I
9 was the same concern, that special uses were
10 special, and --
11 MR. STICKA: Bring them forward one
12 at a time and we will address them as they are
13 brought forward.
14 MAYOR PROCHASKA: I mean, they can
15 bring -- if they have two or three that they need
16 to do at one time, they can bring them forward
17 and be considered, but not just a blanket --
18 MS. HANSON: Not just one blanket,
19 the whole thing at one time. Well, just as I've
20 said, that being so close to the property, I
21 would have concerns as to what is happening.
22 MR. STICKA: I have a question. She
23 asked about the traffic signalization. Eldamain
24 is a county road, is it not?
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1 MAYOR PROCHASKA: It is a county
2 road.
3 MS. HANSON: It is county now, yes.
4 MR. STICKA: So wouldn't the county
5 be the ones who would make a decision as to
6 whether or not signalization could ever happen
7 there?
8 MAYOR PROCHASKA: Well, what we'll
9 probably have to do i -s work --
10 MR. STICKA: Because Plano owns one
11 side of the street, Yorkville the other.
i
12 MAYOR PROCHASKA: It would take
13 probably cooperation between the county, Plano,
I
14 and the City of Yorkville because as -- they all
-- Plano abuts -- 15 have you know, comes to it on
16 one side, Yorkville comes on the other, and it is
17 a county road, it's something that I think that,
18 you know, would have to be looked at by all three
19 entities, and I don't think that that's something
20 that can't happen, I think we can look at it,
21 because there are specific warrants for it.
22 MS. HANSON: And especially if we
23 add more trucks, more trucks out there on the
24 road is going to add to the, you know,
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1 congestion.
2 MAYOR PROCHASKA: That's it? Okay.
3 Thank you. Is there anyone else that would like
4 to come forward and speak to this particular
5 project?
6 (No Response)
7 MAYOR PROCHASKA: Hearing none, is
8 there any comments from the Council? Yes, Wanda.
9 MS. OHARE: Just a comment. I share
10 her concerns on the traffic, but I think as we go
11 on, it will be addressed, but I have been on that
12 road at times when it was very, very crowded and
13 very, very busy, and that is a problem.
14 MAYOR PROCHASKA: And I think that's
15 one of the reasons why the County is looking at
16 taking the jurisdiction and ultimately improving
17 the road to make it more of a road that
18 accommodate traffic.
19 Anyone else?
20 (No Response)
21 MAYOR PROCHASKA: All right. Then
22 with that, I will entertain a motion to close the
23 public hearing.
24 MR. STICKA: So moved.
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1 MS. OHARE: Second.
2 MAYOR PROCHASKA: It's been moved
3 and seconded. May I have roll call, please? I ,
4 MS. MILSCHEWSKI: Burd.
5 MS. BURD: Aye.
i
6 MS. MILSCHEWSKI: James.
7 MR. JAMES: Aye.
8 MS. MILSCHEWSKI: Ko,t.
9 MR. KOT: Aye.
10 MS. MILSCHEWSKI: Munns.
11 MR. MUNNS: Aye.
12 MS. MILSCHEWSKI: Ohare.
13 MS. OHARE: Aye.
14 MS. MILSCHEWSKI: Spears.
15 MS. SPEARS: Aye.
16 MS. MILSCHEWSKI: Sticka.
17 MR. STICKA: Aye.
18 MS. MILSCHEWSKI: Besco.
19 MR. BESCO: Aye.
20 MAYOR PROCHASKA: Motion is carried.
21 All right. And then we go on to Item number
22 four.
23 Arthur Meinzer /CCM Marketing,
24 Inc., and Ronald Moyers and Sang Chu,
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1 petitioners, request to annex to the United City
2 of Yorkville and rezone from Kendall County A -1
3 Agricultural to United City of Yorkville B -3
4 Service Business District and for hearing as to
5 the Annexation Agreement of the Petitioner.
6 The real property consists of
7 approximately five acres at 9211 West Route 126,
8 Kendall Township, Kendall County, Illinois.
9 WHEREUPON:
10 NEIL GOLTERMANN,
11 testified before the City Council as follows:
12 MR. GOLTERMANN: Good evening. My
13 name is Neil Goltermann and I am with the law
i
14 firm of Momkus, McCluskey in Downers Grove. I
15 represent Ed Meinzer. He apologizes, I'll
16 apologize for him, he can't be here tonight. He
l
17 is attending to some medical issues that have
18 arisen this week.
f
19 Earlier this month Mr. Meinzer
20 took part of this property, completing the
21 purchase contract that he had, and he owns it
22 under the Landscape Depot of Yorkville, LLC, and
23 that kind of describes or gives a description of
24 a business that he wants to open up on this
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1 property once annexation is accomplished.
i
2 We are seeking through the
3 annexation B -3 zoning that would allow the
4 operation of a landscaping business. Mr. Meinzer
5 currently operates a similiar -type business in
6 Lombard, and he would be selling nursery stock
7 and also providing landscape design services to
8 customers.
9 The overall development plans
10 for this property have not been completed; they
11 have somewhat been stimied a little bit by the
12 fact that IDOT wants to realign this property.
13 That is outlined to the north of this property in
14 orange, this property is outlined in green. It's
15 about five acres.
16 At the time that we submitted
17 the draft annexation agreement to the City
18 Attorney, our thought was that we might need a
19 temporary building type for -- in order to open
20 up for business and yet outlast the IDOT
21 _ reconstruction project for the realignment,
22 assuming that it occurs.
23 We've had some conversations
24 and we've talked to the engineer and we are kind
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1 of going down the path of trying to come up with
2 a plan that we can submit to the city that can be
3 a permanent site that will entail only a few
4 modifications once the realignment is completed
5 and the new Route 126 is open.
6 And so there are some issues
7 that are really in transition. One of the things
8 that we have proposed is the use of on -site well
9 water for ongoing operations. Because of the
10 nursery stock, there would be a lot of watering
11 going on, and then the property will require some
i
12 detention area, and that's in the northwest
13 corner of the property outlined in pink, and
14 there is an existing culvert that passes under
15 the existing 126 and continues on north over land
16 more or less.
l
17 IDOT has indicated in meetings
18 that we've had with them that their.realignment
19 plan calls for a detention pond area, and they
20 have indicated that as long as we are going to
21 use that for a detention pond area, they would
22 probably require an easement type of agreement
23 for that area to -- that would meet their plans,
24 and we assume that we would be working with the
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1 city on some of those plans as well.
2 But the design of that pond in
3 that area also would fit with development plans
4 because Mr. Meinzer envisions constructing a pond
5 that not only would comply with detention pond
6 requirements and IDOT requirements and everything
7 else, but also implement the planning design
8 services and then some of the product that this
I
9 company sells, so it would be an on -site
10 marketing tool for customers to view and
11 everything else, so we think that we will be able
12 to dovetail a practical use with a real -world
13 business use as well.
14 I think in a nutshell that's
15 kind of where we are at with our submittal. We
16 know that there are going to be some ongoing
17 discussions on detail and timing of issues.
18 IDOT has a public hearing
19 scheduled here tomorrow for the realignment plan,
20 and they will announce I think in more detail
21 some of their timing, but my understanding is
22 that right now they are looking at construction
23 being next year, 2006, construction season, and
24 that they already have funding for that as well,
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1 so we are trying to create some plans that will
2 allow Mr. Meinzer to open up for business, but at {
3 the same time we are cognizant of the fact that
4 there is going to be construction.
5 MAYOR PROCHASKA: Is there anyone in
6 the audience that would like to comment to the
7 City Council on this project?
8 (No Response)
1
9 MAYOR PROCHASKA: Hearing none, is
10 there someone that would like to comment on the
11 City Council?
12 MR. MUNNS: Just a question. Is
i
13 that 126 going that way? Is this that landscape
14 part when you pass 71 when you go down 126? That
15 comes from the west. Coming from the west, when
16 you hit 71, going west on 126, isn't that
17 landscaping past 71?
18 MAYOR PROCHASKA: No, that's a
19 different -- that's a different company.
20 MR. STICKA: That's Yorkville
21 Hill.
22 MAYOR PROCHASKA: That's Yorkville
23 Hill. This is the property --
24 MR. MUNNS: Where the sign place is.
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1 MAYOR PROCHASKA: Right. Just to
2 the east of that sign.
3 MR. GOLTERMANN: The sign place is
i
4 right here currently on the corner, and we are
5 just northwest of that, and then if the plan
6 holds, this is the new alignment for 126, and it
7 would come along north for the subject property
8 instead of south, so, you know, our development
9 plans are, you know, creating something that will
10 allow -- you know, we are thinking this is going
11 to be fine, this is going to be fine, this is
12 going to be storage area for whatever.
13 Speaking of a 10,000 square
I
14 foot building and parking area, IDOT has agreed
15 that they will allow two full .ingress /egress
16 points along here, and what we would like to do
.17 is assuming the existing Route 126 remains a
18 viable road, we would have a rear entrance that
19 would be primarily used by employees and then
20 supply vehicles that are bringing product to the
21 site.
22 I guess I neglected to mention
23 that issue. IDOT currently plans for a cut -off
24 down right here approximately, and then having an
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1 existing road be a right -in and a right -out only,
2 but I think that that's subject to the city's
3 determination that they would like that to remain
h'
4 a road, so...
1 P
5 MAYOR PROCHASKA: I think we're
6 going to have to -- That will wait for the public
7 hearings, because I do know there are some ideas
I
I
8 that are less radical realignment, so I would be
I
9 interested to see what's proposed to IDOT
10 tomorrow night.
11 MR. GOLTERMANN: Right.
12 MR. STICKA: I am supposing that
13 tonight's issue is annexation and zoning, which I
14 do support for this property, I think it should
15 be annexed and zoned B -3, I think it's
( 16 appropriate, and I guess some of the issues about
17 the well and so forth would be addressed in an
18 annexation agreement. Is that correct?
19 MR. GOLTERMANN: I think the zoning
20 fits regardless of which side of 27 -- 126 it
21 ends up being on, the north or the south side,
22 so...
23 MAYOR PROCHASKA: Are there any
24 other comments from anyone?
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1 (No Response)
2 MAYOR PROCHASKA: Okay. Thank you,
3 very much.
4 MR. GOLTERMANN: Thank you.
5 MAYOR PROCHASKA: At this time I
6 would entertain a motion to close the final
7 portion of the public hearing.
8 MR. STICKA: So moved. J
9 MS. OHARE: Second.
10 MAYOR PROCHASKA: Moved and
11 seconded. May I have roll call, please?
12 MS. MILSCHEWSKI: Burd.
13 MS. BURD: Aye.
i
14 MS. MILSCHEWSKI: James. I
15 MR. JAMES: Aye.
16 MS. MILSCHEWSKI: Kot.
17 MR. KOT: Aye.
18 MS. MILSCHEWSKI: Munns.
9
19 MR. MUNNS: Aye.
20 MS. MILSCHEWSKI: Ohare.
21 MS. OHARE: Aye.
22 MS. MILSCHEWSKI: Spears.
23 MS. SPEARS: Aye.
24 MS. MILSCHEWSKI: Sticka.
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1 MR. STICKA: Aye.
2 MS. MILSCHEWSKI: Besco.
3 MR. BESCO: Aye.
4 MAYOR PROCHASKA: Motion is carried.
5 (Which were all the
6 proceedings had in
7 the public hearing
8 portion of the
9 meeting.)
10 --- 000 - --
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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
I
6 Shorthand Reporter doing business in the State of
7 Illinois;
8 That she reported in shorthand the
I
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing.
14 IN WITNESS WHEREOF I have hereunto set
15 my hand this _ day of
16 , 2005.
17
18
19
CHRI TINE VITOSH, C S.R.
21 CSR License No. 084 - 002883
22
23
24
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Depo Court Reporting Service Index Page 1
Naperville, Illinois (630) 983 -0030
t
Yorkville City Council Multi- Page""` coming - forward
March 22, 2005
coming [6] 11:612:20 contemplates [2 36:2 deal [4] 17:16 22:19,20 down [81 10:21 21:8 35:6 40:14 45:12
12:23 13:20 16:11 49:15 38:20 22:21 25:22 26:5,20 47:1 49:14 event [1] 8:10
comment [7] 31:10 32:15 contemplating [ decision [1 42:5 50:24 Evergreen [21 14:12 18:2
40:24 41:4 43:9 49:6,10 35:23 declaration [1] 30:4 Downer [2] 30:17 32:16 excellent [1] 36:4
comments [s] 10:14 contiguity [1] 16:15 dedication [11 6:8 Downers [1] 45:14 except [1] 8:1
31:10 32:14 33:9 36:14 contiguous [7] 14:14 deference [11 26:9 draft U] 9:13 24:10,22
36:21 43:8 51:24 15:4 16:6,8,13 37:6,8 24:24 33:4 35:20 46:17 exhibit [21 35:14,20
commercial [31 30:7,9 continues [11 47:15 Delacourt [31 35:4,6,8 awing [2] 29:1 39:9 existing [a] 47:14,15
department [11 39:22 50:17 51:1
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contract [21 18:10 45:21 drive [3] 10:20 12:14
commission [a] 5:13 depending [1] 41:5 32:24 expect [1] 20:4
contributions [3] 7:5
36:2 39:21 40:21 contributing [11 19:5 driveways [11 29:15 Depot [1] 45:22 expected [1] 21:12
Committee [2] 33:3 41:3 es [1] describes 45:23 expecting [1] 20:18
7:20 24:12 due [1] 22:24
common [1] 30:5 conversations [11 46:23 description [1] 45:23 duly [1] 54:6 expended [1] 20:12
commons [21 29:13,14 cooperation [1] 42:13 design [3] 46:7 48:2,7 dusk [1] 39:22 expenses [11 21:1
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contamination [1] dormant [1] 8:9 evaluation [3] 22:11,19 forward [61 10:15 36:20
38:11 dawn [1] 39:22 dovetail [1] 48:12 23.4 41:11,13,16 43:4
contemplate [1] 36:9 dead -ends [1] 12:4 evening [s] 4:23 28:23
Depo Court Reporting Service Index Page 2
Naperville, Illinois (630) 983 -0030
I
I
Yorkville City Council Multi- Pagc" four - months
March 22, 2005
four [31 9:4 20:21 44:22 hearings [31 3:4 35:18 instead [11 50:8 law [31 4:24 8:23 45:13 ' 10:12 11:9,14 12:2,5,12
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16:1,4,9 17:1,3,7,10,13
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intent [3] 24:16 25:7 less [21 47:16 51:8 17:19 19:20,23 21:15 22:9
frame [21 16:6 26:21 hereunto [1] 54:16 29:17 letter [21 8:21,22 23:7,11 24:8 25:15
full [1] 50:15 high [21 18:7 32:20 interested [21 21:10 51:9 level [ 41:3 26:8 27:1,7,11,16 28:10
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holds [1] 50:6 involves [11 21:16 light [21 5:12 38:14 44:2,20 49:5,9,18,22 50:1
51:5,23 52:2,5,10 53:4
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40:12,16 41:1,18 42:3 individually [21 12:18 lanes [2] 20:21,21 48:10 model [z1 9:8 24:5
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12:19 19:15 27:13 29:23 ingress /egress [11 50:15 30:13 matter [2] 1:7 5:4 Momkus [11 45:14
31:13 33:11,13 34:13,20 initial [11 23:1 Larry [21 2:9 25:16 may [41 3:9 23:22 44:3 money [31 21:7,8,9
35:19 43:7,23 45:4 48:18 Inland [11 18:6 LASALLE [ 1] 54:4 52:11 month [21 5:16 45:19
49:9 52:7 53:7 54:11,15 inside [11 30:21 last [1] 4:19 Mayor [92] 2:2 3:3,8 4:2 months [1] 9:19
Depo Court Reporting Service Index Page 3
Naperville, Illinois (630) 983 -0030
Yorkville City Council Multi-Page ` most - really
March 22, 2005
most [1] 16:16 number [3] 16:9 34:13 owns [3] 29:8 42:10 45:21 34:19 35:16 36:2,5 38:18 46:2149:7
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Depo Court Reporting Service Index Page 4
Naperville, Illinois (630) 983 -0030
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Yorkville City Council Multi-Page TM rear - two
March 22, 2005
rear [1] 50:18 'rights [1] 14:5 share [1] 43:9 start [1] 37:22 term [1] 10:7
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recently [1] 40:6 16:16 18:5 20:3,9517,21 showing [z] 29:11 35:21 14:20 15:3 27:15 28:6,7 34:1143:3 52:2,4
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Depo Court Reporting Service Index Page 5
Naperville, Illinois (630) 983 -0030
Yorkville City Council Multi- Page"" two -tier - zoning
March 22, 2005
two -tier [1] 22:7 warrants [1] 42:21
type [8] 30:18 32:16 water [1o] 7:2,22 13:20
38:13 39:15 40:1,10 46:19 13:24 17:17 37:12,18 38:5
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variations [2] 6:14,16
variety [1] 13:11 -Z-
various [1] 16:10 zone [1] 36:8
vehicle [11 31:4 zoned [31 6:13 30:8 51:15
vehicles [il 50:20 zoning [9] 5:4,23 6:14
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waiting [1] 15:8
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wants [2] 45:24 46:12
warehouse [11 39:13
warrant [1] 38:23
Depo Court Reporting Service Index Page 6
Naperville, Illinois (630) 983 -0030
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