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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 PLEASE PRINT NAME: ADDRESS: to A 7m�w k/) �",, Il 51 e n SD Y) J 20 z F A-Mn pot /a h r �C � - IIJ� r21►�' KIP, � l r L 1' \� 1 I Jl� 4ue&iA t c_ Committee of the Whole Special Meeting March 22, 2005 PLEASE PRINT NAME: ADDRESS: 06 s i I i SIGNIN i 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. i I , I I I I D- 753405 r 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 3 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. i 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 4 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 Depo Court Reporting Service (630) 983 -0030 5 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 Depo Court Reporting Service (630) 983 -0030 6 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 Depo Court Reporting Service (630) 983 -0030 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. Depo Court Reporting Service (630) 983 -0030 8 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 Depo Court Reporting Service (630) 983 -0030 I i 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 Depo Court Reporting Service (630) 983 -0030 I 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 Depo Court Reporting Service (630) 983 -0030 i 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 Depo Court Reporting Service (630) 983 -0030 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 Depo Court Reporting Service (630) 983 -0030 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 Depo Court Reporting Service (630) 983 -0030 i 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 Depo Court Reporting Service (630) 983 -0030 15 1 that it will be annexed into the City of 2 Yorkville. I 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). i 14 MAYOR PROCHASKA: Because part of 15 this could be used as city park, so it makes 16 sense to get it. l i 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. Depo Court Reporting Service (630) 983 -0030 i 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. Depo Court Reporting Service (630) 983 -0030 I I 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. Depo Court Reporting Service (630) 983 -0030 I 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, i 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. Depo Court Reporting Service (630) 983 -0030 19 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 Depo Court Reporting Service (630) 983 -0030 20 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 Depo Court Reporting Service (630) 983 -0030 i I 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 i 17 all the dollars will go together for those 18 properties, that's why we collect that fee, is to i 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. Depo Court Reporting Service (630) 983 -0030 I i 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. Depo Court Reporting Service (630) 983 -0030 23 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 -- Depo Court Reporting Service (630) 983 -0030 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 Depo Court Reporting Service (630) 983 -0030 25 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 Depo Court Reporting Service (630) 983 -0030 i 26 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 -- Depo Court Reporting Service (630) 983 -0030 27 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. Depo Court Reporting Service (630) 983 -0030 28 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 Depo Court Reporting Service (630) 983 -0030 29 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 Depo Court Reporting Service (630) 983 -0030 i 30 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 Depo Court Reporting Service (630) 983 -0030 i 31 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 Depo Court Reporting Service (630) 983 -0030 i I 32 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 i 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. Depo Court Reporting Service (630) 983 -0030 33 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. I 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. Depo Court Reporting Service (630) 983 -0030 i 34 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 Depo Court Reporting Service (630) 983 -0030 i 35 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 Depo Court Reporting Service (630) 983 -0030 36 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: Depo Court Reporting Service (630) 983 -0030 I 37 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 i 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 i 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. Depo Court Reporting Service (630) 983 -0030 39 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 Depo Court Reporting Service (630) 983 -0030 I 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 -- Depo Court Reporting Service (630) 983 -0030 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? Depo Court Reporting Service (630) 983 -0030 i 42 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, Depo Court Reporting Service (630) 983 -0030 I 43 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. Depo Court Reporting Service (630) 983 -0030 i 44 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, Depo Court Reporting Service (630) 983 -0030 i 45 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 Depo Court Reporting Service (630) 983 -0030 i 46 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 Depo Court Reporting Service (630) 983 -0030 47 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 Depo Court Reporting Service (630) 983 -0030 48 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, Depo Court Reporting Service (630) 983 -0030 49 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. Depo Court Reporting Service (630) 983 -0030 50 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 Depo Court Reporting Service (630) 983 -0030 i 51 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? Depo Court Reporting Service (630) 983 -0030 52 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. Depo Court Reporting Service (630) 983 -0030 I 53 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 - -- 11 12 13 i 14 15 16 t 17 18 I 19 1 20 21 22 23 24 Depo Court Reporting Service (630) 983 -0030 54 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 Depo Court Reporting Service (630) 983 -0030 Yorkville City Council Multi-Page TM $2,000 - ComEd March 22, 2005 9211 [i] 45:7 39:16,19 40:2 Aurora [i] 30:16 Burd [ill 2:6 3:12,13 -$- along [91 6:9 8:3 14:1 Avenue [il 2:16 27:18,19 33:18,19 44:4,5 $2,000 [zl 7:10 20:9 -A- 15:18 16:16 19:6 25:23 average [il 5:20 52:12,13 $434 [il 20:24 A -1 [3l 4:6 34:16 45:2 50:7,16 aware [il 22:2 business [91 32:16 45:4 always [i] 38:9 45:24 46:4,5,20 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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 38:3 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 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42:11,14,16 45:2 variation [1] 20:11 45:3,22 49:20,22 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 viable [11 50:18 13:1 30:10 35:14 46:3 view p] 48:10 51:13,19 Vista [1] 24:3 VITOSH [3] 1:8 54:6,22 votes [11 20:18 -W- wait [s] 14:10,19 23:9 37:23 51:6 waiting [1] 15:8 Wanda [41 2:7 24:8 31:15 43:8 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 I