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City Council Packet 2005 10-25-05 United City of Yorkville . 800 Game Farm Road ESI: 1836 Yorkville, Illinois 60560 09 � Telephone: 630-553-4350 t ..,... ,. .? Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM REVISED 10/24/05 Tuesday, October 25, 2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday,November 7, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday,November 17, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday,November 3, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, November 10, 2005 City Hall Conference Room Presentations: None Cit Council Co cil Meeting Agenda October 25, 2005 Page 2 Public Hearings: 1. Raintree Village II Special Service Area 2004-107 Citizen Comments: Consent Agenda 1. Monthly Treasurer's Report for August 2005 2. Resolution Adopting Recommended Plan to Implement Governance Enhancements as Proposed by Dr. Curt Wood and Dr. Gerald Gabris - authorize Mayor and City Clerk to execute 3. Bruell Street Sanitary Sewer— Shed Replacement -authorize purchase of tool shed from Shedcraft & Decks, Inc. in an amount not to exceed$7281.00 4. Rob Roy Creek Interceptor Contract 3 —Change Order#2 - authorize increase in an amount not to exceed $244,359.50,funding from the Yorkville Bristol Sanitary District Infrastructure Participation Fee 5. Recreation Office Internet Contract-approve 24 month contract with SBC at$36.99 per month with no modem cost 6. Water Department Report for July 2005 7. River's Edge Unit 1 —Letter of Credit Expiration -authorize City Clerk to call Letter of Credit should it become necessary 8. 2005 Joint & Crack Filling—Change Order#1 - authorize increase in an amount not to exceed$3,330.63 and authorize Mayor to execute 9. Rob Roy Creek Interceptor Contract#3 —Change Order#1 - authorize a ninety day time extension to March 1, 2006 and authorize City Engineer to execute 10. Kylyn's Ridge Unit 1 — Old Second Letter of Credit#15367—Reduction#4 - authorize reduction in an amount not to exceed$244,577.31 11. Kylyn's Ridge Unit 2— Old Second Letter of Credit#15540—Reduction#3 - authorize reduction in an amount not to exceed$81,676.68 12. Castle Bank—Letters of Credit No. 606 &No. 607—Reduction#1 - authorize release of Letter of Credit No. 606 and authorize reduction of Letter of Credit No. 607 in an amount not to exceed$357,795.40 13. Fox Hill Unit 7 Letters of Credit—Reduction#2 - authorize reduction of Old Second Bank Letter of Credit#15716 in an amount not to exceed$3,420.00 and authorize reduction of Old Second Bank Letter of Credit#15804 in an amount not to exceed$285,355.40 14. IDOT Highway Permit and Resolution—Heartland Center- authorize City Clerk to execute 15. IDOT Highway Permit and Resolution—McVickers Development - authorize City Clerk to execute 16. Final Acceptance of Heartland in Yorkville Units 1, 2, and 3 - accept the public improvements 17. Water Department Report for August 2005 18. Fox Industrial Park Project- Supplemental MFT Appropriation Resolution- authorize City Clerk to execute City Council Meeting Agenda October 25, 2005 Page 3 Consent Agenda (con't) 19. In-Town Drainage Improvements—Change Order Nos. 8-11 —authorize the total increase in an amount not to exceed$27,392.00 (No. 8- $4,242.00, No. 9 - $11,120.00, No. 10- $3,015.00, and No. 11 —$9,015.00) and authorize Mayor and City Clerk to execute 20. Rob Roy Creek Interceptor Contract 5 —Temporary Easement- authorize Mayor to execute 21. Rob Roy Creek Interceptor Contract 4—Bid Results - award to D. Construction, Inc. in an amount not to exceed$1,495,900.00,funding in accordance with the Yorkville Bristol Sanitary District Intergovernmental Agreement 22. IDOT Highway Permit and Resolution—Raintree Village Route 126 Improvements - authorize Mayor and City Clerk to execute 23. Nextel Second Line Option- approve implementing second line option Plan Commission/ Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—September 13, 2005 and September 27, 2005 Minutes of Committee of the Whole—August 16, 2005 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 689,180.25 (vendors) $ 183,141.74 (payroll period ending 10/1/05) $ 872,321.99 (total) Reports: Mayor's Report: 1. Ordinance Amending and Restating Ordinance No. 2005-77 Vacating Scott Road City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: 1. Annual Treasurer's Report City Administrator's Report: Finance Director's Report: Director of Public Works Report: City Council Meeting Agenda October 25, 2005 Page 4 Reports (con't): Chief of Police Report: Executive Director of Parks &Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Bristol Bay SSA Resolution Declaring Official Intent 2. Rob Roy Creek Bond Ordinance Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body. 2. 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. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 iPUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James City Council Meeting Agenda October 25, 2005 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006 (con't) ;ECONOMIC DEVELOPMENT__ Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School.District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd AD-HOC: TECHNOLOGI' Committee Co-Chairman:Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,SEPTEMBER 13,2005. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer 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. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that#4—Development Agreement and Rezoning for Robert and Debra Dearborn and#4a—Ordinance Authorizing the Execution of the Development Agreement and Rezoning for Robert and Debra Dearborn be moved from the consent agenda to under the regular agenda under the Economic Development Committee Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,September 26,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,September 15,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,October 6,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,October 13,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS Yorkville Moose Lodge 2371 to Yorkville Police Department Representatives from Moose Lodge#2371 presented Chief Martin with a check in the amount of $1,500.00 to be used towards the purchase of bullet-proof vests for police officers. Both Chief Martin and Mayor Prochaska thanked the Moose for their donation and support. PUBLIC HEARINGS Yorkville-Bristol Sanitary District Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Yorkville-Bristol Sanitary District,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville A-1 Agricultural The Minutes of the Regular Meeting of the City Council—September 13,2005—page 2 District with a Special Use for a Water Treatment Facility and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 20.375 acres directly west of the existing Yorkville-Bristol Sanitary District property,Bristol Township,Kendall County, Illinois.So moved by Alderman Ohare;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman Spears;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Pulte Home Corporation Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Pulte Homes Corporation,MPLIV 10,LLC,MPLIV20,LLC,and MLH Yorkville,LLC, petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development consisting of R-2 One Family Residence District,R-3 General Residence District and B-3 Service Business District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 587 acres at the northwest corner of Galena Road and Route 47,Bristol Township,Kendall County,Illinois. So moved by Alderman Ohare;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman Spears;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,.James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye CITIZEN COMMENTS Mayor Prochaska asked for citizens comments on any subject other than the Senior Facility Use Agreement. He stated he would take citizens comments on that subject under the Mayor's report. CONSENT AGENDA 1. Police Report for July 2005 2. Building Permits Reports for June and July 2005 3. Countryside Interceptor Waiver of 50%Requirement—waive the requirements of item #28 of the Countryside Interceptor Contract with Glenbrook Excavating&Concrete, Inc.concerning a 50%limit on subcontracted work,as recommended by the City Engineer and to authorize the City Engineer to not Glenbrook of this waiver 4. Ordinance 2005-74—Adopting a map Amending an Area in the Northwest Portion of the current Comprehensive Land Use Plan-authorize the Mayor and City Clerk to execute 5. Lynwood Baptist Church—1 '/2 Mile Review 6. Resolution 2005-58—adopting revised Sponsorship Policy and Request Form- authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye The Minutes of the Regular Meeting of the Cit-v Council—September 13.2005—nage 3 PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of July 26,2005,August 9,2005 and August 23,2005;seconded by Alderman Ohare. Clerk Milschewski noted that the Committee meeting dates on the August 23,2005 minutes were incorrect. She indicated that they will be corrected on the final copy. Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated August 31,2005 and revised September 8,2005 totaling the following amounts:checks in the amount of$1,314,991,51(vendors—revised 9/8//05);$164,555.62(payroll period ending 8/20/05);for a total of$1,479,547.13 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Revised Senior Facility Use Agreement Mayor Prochaska reported that the City Council had a revised Senior Facility Use Agreement in their meeting packet. He asked Attorney Wyeth if there had been any other revisions. Attorney Wyeth stated that the copy that they have includes changes identified at the last Committee of the Whole(COW)meeting and verified with Senior Services Associates. Mayor Prochaska opened the floor for public comment. Identa Austin,Vice President of Senior Services Associates addressed the City Council and questioned the following items: o Page 1,Paragraph 1—she questioned the wording used in the last sentence stating "...areas commonly referred to as involving"Senior"citizens..." She asked that it be changed. o Page 1,Paragraph 2—she noted that the word"provided"is spelled incorrectly. o Page 1,Paragraph 3—she asked that"many years"be changed to"twenty-two years". o Page 1,Paragraph 4—she asked that"several years"be changed to"five years"and she noted that"an"should be corrected to"and". o Page 1,paragraph 5—she asked that the wording be changed from"...entering SSA use of..."to"...entering a use agreement of...". o Page 1,paragraph 7—she asked the wording to be changed from"...building is suitable..."to"...building can be made suitable..." o Page 1,Paragraph 9—she asked that"main room'be changed to"Perkins room". When Mrs.Austin's comments did not correlate to the current draft,it was determined by Alderman Spears that Mrs.Austin had a copy of her marked up copy and not the current draft. After some discussion it was decided that approval of the agreement would be contingent on Senior Services Associates'approval in order to address Mrs.Austin's revisions. Nancy Huntington,a six year resident of Yorkville addressed the City Council. She stated that for the last three years she has been using the Senior Services Associates and that the things the seniors have been reading in the newspapers are unsettling. She stated that the information makes it appear that seniors are not important however the services provided by Senior Services Associates and the issues they address are very important. She appealed to the City Council to have Senior Services Associates remain in Yorkville. Identa Austin addressed the City Council again in order to give them the history of the Beecher Center and its use as a senior citizen center. She covered the 1977 ordinance creating the Beecher Community Center Committee;Clarence Beecher's endowment;obtaining the land from the Game Farm;obtaining grants for the senior portion of building and the 1981 agreement for the use of grant funds. The Minutes of the Regular Meeting of the City Council—September 13,2005—page 4 She explained that Senior Services Associates moved from the Beecher Center to the Countryside Center when it outgrew the facility. She noted that Clarence Beecher's endowment(came from the estate sale of his farm outside of Yorkville)and many pledges to build the Center came from outside of Yorkville. She hoped that the seniors would be able to find a home in the Beecher Building once again. Gary Golinski,502 N.Redhorse,addressed the Council. He stated that he felt that the seniors deserve a place in Yorkville however he questioned if Park&Recreation programs would have to be cut back because they are moving to the old Castle Bank building basement. Mayor Prochaska noted that the space in the bank is almost double that of the space used in the Beecher Center. Park&Recreation Director Brown stated that no programs will be cut back at this time however Superintendent of Recreation Sue Swithin noted that there are too many unknowns surrounding the new location to determine if programs will need to be cut back. Ms.Brown also stated that the construction was being coordinated in such a way so that the Park&Recreation Department would not be displaced. Alderman Spears stated that she has heard comments and concerns regarding the upgrading of the Castle Bank building basement which developer Harold Oliver is upgrading with elevators. She stated that if the senior citizens used the facility they would be located in the basement with wheelchairs,crutches,etc and she felt there was a public safety concern because in the event of a fire the elevators would be turned off. She asked if the seniors would be expected to hop up the stairs or carry each other up when evacuating the building. She stated that she did not want to see children located in the basement however children are capable of walking up the stairs and escaping. She also noted that the Austin room at the Beecher Center was named after Identa Austin. She asked if the City Council was telling the seniors,like Mrs.Austin,who worked hard to create the community that is attracting developers that they are sorry but they cannot find an appropriate location because there are other programs. She stated that in the last seven years that she has been on the Council,she has never heard seniors complain about not having recreational programs for them. She did note that there are a few programs for seniors now. She stated that the seniors pay taxes and are expecting something in return. Alderman Spears compared the senior citizens in Yorkville to the displaced victims of hurricane Katrina;the message being sent to the seniors is that Yorkville is creating its own disaster. The City Council is telling the seniors that they"may"possibly find another location for them. Alderman Spears stated that the Beecher Center is a temporary fix and stated that the seniors should be considered. She stated that people should stop thinking of personal gain or if this is affecting the children of Yorkville;the children have enough parks and the City is providing quite a bit for the younger population. She stated that she has heard that people do not want to take their children across town to other locations such as Cross Lutheran School however she did not expect seniors to drive across town either. She stated that other communities such as Oswego and Plano would like to have a community center for seniors however she felt this would be like relocating the people in New Orleans to Texas. They have a place but its not home.She stated she wanted to keep these people as close to home as possible. Van Truman,Park Board member and resident,addressed the City Council.He stated he agreed that Yorkville should keep the seniors in Yorkville and that he would like to see a senior facility built here. He commended both Mrs.Austin and Alderman Spears for their work with senior matters.He expressed his concern that this is being called a short-term solution however the contract is for five years. He stated that five years to a twelve-year-old child brings this contract to an end when the child is going off to college. He questioned if the Beecher Center was the best venue for the seniors and stated that he has asked this question before and has not been convinced that this the best location. Mayor Prochaska tried to answer Mr.Truman's concerns: 1. The contract is for five years however it states that with sixty days notice it can be terminated by either party. If the contract is terminated by the City,it would have to provide another location for Senior Services Associates. If the City cannot do this,it would pay back,on a pro-rated basis,the money invested by Senior Services Associates. 2. Several other locations were investigated;from a location in the industrial park to the old Castle Bank building to building a new building. Senior Services Associates needs to relocate as soon as possible so building a new building at this time was not a viable option. The Beecher Center was chosen because the senior nutrition program is presently located there and has a history of working with the Senior Services Associates,it is centrally located and most people are familiar with the facility. 3. When the seniors are eventually relocated to a permanent facility,the United City of Yorkville will have an updated building without and funds being expended. The Minutes of the Regular Meeting of the City Council—September 13,2005—page 5 4. The City is moving forward to develop other private/public ventures to provide services to the senior. Mayor Prochaska reminded those in attendance that the Senior Services Associates is a non-for-profit organization. Mayor Prochaska further explained that the search continues;he has spoken to several developers who are interested in building a senior center and recently the City was informed that the post office building is available. This building sits in the approximate area where it has been proposed to have a senior center. He also stated that a developer has inquired about building a new City Hall building in the downtown which would leave the present building available. Rita Murphy addressed the City Council and clarified that the seniors finding a new location has not been an overnight thing. She explained that the Senior Ad Hoc Committee has been meeting since April 2005,other locations have been investigated and many people have been making great efforts to resolve the situation. > A motion was made by Alderman Spears to bring the matter to vote;on locating the Senior Service Center in the Beecher Community Center. Mayor Prochaska noted that the motion should be approved subject to legal review. He also noted that there was a formal motion written in the City Council's handout. Attorney Wyeth stated that per the City Council's discussion,wording should be added to the motion indicating that approval is subject to Senior Services Associates'approval of the agreement and upon legal review. > A motion was made by Alderman Spears to approve the revised Senior Facility Use Agreement as presented and to authorize the Mayor and City Clerk to sign the agreement subject to legal review and approval by Senior Services Associate;seconded by Alderman Burd. Alderman Besco commented that although the Senior Ad Hoc Committee has worked on this for a long time,he found it disturbing that the use of the Beecher Center did not come to the City Council to just recently. He stated that if the relocation had been shared with the City Council, they could have worked with the Senior Ad Hoc Committee. He stated that he has received calls from many residents regarding this. He commented that he has nothing against senior citizens and even proposed that the city build a facility with a community center for the seniors to use at a recent joint Public Works Committee and Park Board meeting. He stated that he was opposed to the agreement because of its five-year term because within the next two years,the mayor and four aldermen are up for re-election. He felt that a completely different Council might not pursue building a senior center. He further explained that he felt a two-year term would make the present City Council actively pursue a new building. He stated that he was not fond of the plans for the Beecher Center renovation because they destroys some of the integrity of the building and it will never come back to the City the way it was. He felt the renovation was a slap in the face to Mr.Beecher and to everyone who worked on getting the building accomplished and he was going to vote against the agreement. Alderman Burd commented that she felt Alderman Besco was laboring under false assumptions that the Beecher Center as it currently exists is something the City would want to maintain. She stated that she has heard comments regarding the poor acoustics of the Perkins room for a long time and the City should want an approved facility. She felt that Mr.Beecher would not feel upset if he knew the building was being changed because currently it is not good for programming or senior citizens. She expressed her thoughts that the United City of Yorkville presents itself as a"Character Counts"community and character has a lot to do with how one treats the elder residents. She stated that if the elderly are treated well it shows the character of the community. She explained that when she voted for the TIF for Countryside Center,she took on the responsibility to help find a place for the senior citizens and that if she voted against this agreement she would feel guilty that she had not done what she had hoped to do for the seniors of the community. She stated that the City undertook the TIF knowing full well that it would displace Senior Services Associates. She commented that she did not know where Alderman Besco has been not to know that the Senior Services Associates was going to move to the Beecher Center.She stated that she was in favor of the agreement;that it was a winning situation for the City. She further commented that she did not feel the senior's use of the Beecher Center was hurting the youth of the community;she did not see what difference it made to have children taking classes at another building. She stated that everyone has to move around a little until a better solution is found and she felt that everyone should work together in order to make in a win- win situation for everyone. Alderman Munns asked what year was the old Castle Bank building was built. Developer Harold Oliver stated it was built in the early 1970's. Alderman Munns asked if there were enough exits The Minutes of the Regular Meeting of the City Council—September 13,2005—page 6 from the basement and if Mr.Oliver was bringing the building up to code. Mr.Oliver stated that he was installing an elevator to the basement and that the Park&Recreation Department could move upstairs into the existing bank facility while the basement is being remodeled. He explained that he is asking the Parks Department to pay for the upkeep and utilities on their portion of the building with no additional rent. Alderman Munns state that he felt that as long as the agreement had the 60-day out clause,he did not have a problem with the agreement. He stated that the seniors need to go somewhere and he would rather see the Yorkville seniors have the services in the city not elsewhere. He asked at what age someone could use the Senior Services Associates and was told that anyone over the age of sixty could use the services. Aldennan Spears listed several newspaper articles that addressed the senior's relocation and stated that she did not understand how some people could say they were not informed of the situation. She stated that she shared Alderman Burd's sentiment regarding the Countryside TIF and would not have voted in favor of it if she would have thought this would be happening.She stated that she hoped after tonight's vote she did not regret voting for the TIF. She commented that Mr.Oliver is trying his hardest to please everyone. She stated that she asked Mr.Oliver several time if he was going to take care of the seniors and he assured her he would. She commended him for his efforts. Alderman Ohare commented that the seniors outgrew Beecher several years ago and she wondered why everyone thought there was enough space now. She further commented that the TIF was voted on with the assumption that Mr.Oliver would build a building for the seniors at some time. Mr.Oliver stated that he never agreed to build a building;he agreed to renovate the Beecher Center at no cost to the taxpayers of Yorkville. Alderman Ohare noted that this is a private contract between Senior Services Associates and Mr.Oliver. She asked why the City was getting in the middle of it. She commented that the City would not allow the Chamber of Commerce to move into the Beecher Center. She stated she could not agree to a five-year contract and suggested that a two-year agreement would be better. She stated that if the City wanted to get out of the agreement using the sixty-day window,the taxpayers of Yorkville will have to pay for the buy out. In regards to the newspaper articles,she stated that one of them commented that it would be a"squeeze"going to the Beecher Center. Alderman James commented that he did not feel the city should be involved with providing a location for non-for-profit organization;this should between the Senior Services Associates and the developer. He stated that demolition redesign of Countryside Center has displaced all the businesses located in the center and all the other businesses had to independently find new locations. He stated the he had a problem with the Senior Services Associates having exclusive use of 2/3's of the Beecher Center and he felt that it was not a suitable location. He believed there were other buildings and facilities available that were not pursued and because of this he was not going to vote for the agreement. Alderman Wolfer stated that he agreed with Aldermen Ohare and James. He stated that he was not sure this is the best use of the Beecher Center. He asked why the seniors could not use the old Castle Bank building temporarily until a permanent location is found. Alderman Leslie stated that he and his wife are pro senior;his wife volunteers for the Golden Diners. He stated that he felt he is being put into a position like King Solomon in the Bible; being asked to sever a"child"in two. He stated that he has received calls from residents with children whose recreation programs are being displaced. He noted that there are two opposing groups in this issue and he was discourage that the groups could not come together to attain a peaceful resolution. He commented that when the Executive Director of Senior Services Associates addressed the City Council at a previous meeting,she took a staunch approach and seemed unwavering on some parts of the agreement. He stated that he understood the position Senior Services Associates is in however all parties need to make concessions. He reiterated that the City Council has been put into a position to have to choose between two groups. He stated that it is a difficult decision to make and he was unsure he had all the details to make the right decision. Mayor Prochaska noted that the City Council appeared to be split on approving the agreement and had the following comments: o In regards to the seniors outgrowing the space,he explained that originally they were using the Austin room which is much smaller than the Perkins room. o This is a temporary situation;it is not a final answer but rather the beginning. o Taxpayers will benefit from the improvements being made to the building after the seniors move on. Beecher Center was built as a"nice big room"not a theater,meeting room or gymnasium;it does not work for most of these uses. The proposed alterations such as carpeting may actually have a positive affect on the building. The Minutes of the Regular Meeting of the City Council—September 13,2005—page 7 o In regards to the comment that the City does not give space to any other group,he noted that the City's Building Department is a private group and they have an agreement to use the lower level of City Hall.He also noted that non-for-profit groups such as the Boy Scouts and Lyons Club use the Beecher Center at no cost. o He explained that Mr.Oliver has offered a location in Mason Square in Oswego to the Senior Services Associates. If Senior Services Associates moves to Oswego,Yorkville looses a service for its residents;the seniors can still use Senior Services Associates however they will have to drive to Oswego. o Parents are complaining that they have to drive another quarter mile for recreation programs however if Senior Services Associates moves its whole program out of town the seniors will be driving further. He stated that the City should be trying to maintain all existing programs in the community. This will be an inconvenience for a lot of people for awhile but this solution is in an effort to try and save an importance community service. o In reference to the comment that this move was not discussed by the City Council,he stated that he asked the City Council if the Senior Services Associates could use the Beecher Center. He stated that at the time not a lot of the details were known but as they developed they were brought to the City Council. o The agreement with Senior Services Associates indicates that they will work with the City to allow use in the building when they are not occupying it in an effort to maximize the use of the building. With cooperation on both sides,the building will be used in a way that benefits everyone. o He encouraged everyone to proceed on finding a permanent location for Senior Services Associates. Alderman Spears noted that earlier in the meeting Del Webb presented a senior-targeted community and everyone is`jumping for joy";everyone,except Alderman Leslie who she commented may have been sleeping,however the City Council is neglecting to serve the seniors who created the community that has attracted Del Webb. She asked that if Senior Services Associates is eliminated,would the senior nutrition program be next. Alderman Spears noted that a concession stand was built at the Beecher Center however she does not see seniors buying soda and hot dogs.She stated that this was clearly not for them but was an investment geared toward another"population". She stated that Senior Services Associates provides free legal services to senior citizens along with many other programs and that she would hate to see seniors travel to Sandwich,Oswego or Plano. She commented that she did not feel that this was something Yorkville can afford to give up. She reiterated that this is a temporary solution. Also,she stated that this group should be complimented because they are willing to be cramped into the Beecher Center just so they can continue their socialization and programs. She recommended that some of the City Council visit the facility in the next month to see what they are addressing. She stated that the seniors need to find a place and that the City Council needs to provide a place for them because the senior citizens have paid their taxes and deserve it. She asked the members of the City Council who are"on the fence"about this agreement to`jump off' and think about their own parents and grandparents. She asked if they would like to see them displaced. She stated that if children are told they are going to a different location for classes, they probably wouldn't care. She asked the City Council to work with these people,work for these people,be for the people who have elected them. Alderman Spears also noted that she has received many calls and she has met with many of the people in attendance tonight. She asked many to speak out but she was told they did not want to "cause waves"or"I don't want to have repercussions". The seniors continually sit back and "take it'. She noted that these are people who have gone through the Depression,they have gone through many things and this is forgotten. She noted that they are in attendance tonight because they want to be part of the community. She asked the City Council to support their relocation to the Beecher Center;a building they obtained. Alderman Munns noted that Mr.Oliver's redevelopment of Countryside Center is a good think for Yorkville;it will provide new tax dollars. He stated that this is helping all of Yorkville and the seniors have to go somewhere. He stated that he is a veteran and he was sure some World War II veterans use the services and this is a population that has been underserved. He stated that retired veterans can get information right here in Yorkville at the Senior Services Associates. Alderman James commented that he did not want the seniors to leave Yorkville but he wanted to see them find a suitable location. He stated that he has asked if they pursued looking at using the American Legion and was told they did not investigate this. He noted that the building is The Minutes of the Regular Meeting of the City Council—September 13,2005—page 8 empty Monday through Friday and probably does not need to be modified. He was concerned that this was discounted. He stated that his other concern is that the Senior Services Associates are not willing to make any concession and they have specified particulars that they want in the agreement. Alderman Leslie commented that he appreciated Alderman Spears passion however he encouraged her not to"demonize"any individuals,him specifically. He stated that he is trying to make the right decision. He noted that he spent most of his day over at the Beecher Center speaking with the Golden Diners so he asked Alderman Spears not to challenge his empathy towards the seniors. He stated that the City Council is dealing with a private association that provides a great service for the community however it is a private organization using a City building. He stated that he heard from four indivisuals today explaining how the Park& Recreation programs won't work with the change. He commented that two issues trouble him; the private land issue of the TIF and that he has not heard from anyone in the Parks&Recreation Department regarding the relocation. He stated that the Parks&Recreation Department have concerns but do not feel free to discuss them and that he would like to hear from the people in charge of the programs being displaced by the seniors. Police Chief Martin asked to address the City Council. He commented that the Police Department has made a concerted effort to work closely with the seniors for years;some officers have even gone through special training to work with senior citizens. He stated that this is something he is proud of and enjoys. He noted that if the seniors are displaced it will free up more time for these officers however it takes away from the importance of working with them and he would like to continue to see this interaction. He reminded the Council that senior citizens will soon be more populous group in the community as well as the country. He expressed his opinion that the City has to take care of its seniors because it would be hurting the City to displace them. He commented that he knows it is a difficult decision and he asked the City Council to take into consideration that the seniors are the people that they will be in a few years. Executive Director of Parks&Recreation Laura Brown commented that this is a policy question that the City Council needs to make.She stated that the relocation is not an ideal situation but the Recreation Department will use whatever resources they are given. She noted that the Park Board has expressed their concerns with the situation because they are looking out for these programs. Mayor Prochaska stated that he is taking full responsibility for this situation because he invited Senior Services Associates to stay in Yorkville. He explained that many other locations were looked at,even the American Legion. He further explained that not only is a large meeting area needed but also offices for confidential meetings. He also explained that the cost factor at other locations made it impractical for either the Senior Services Associates or the City. The Beecher space is not ideal but will work for the Senior Services Associates and the Castle Bank room is larger for recreation programs. He thought everyone could work together to make this work. Alderman Besco asked the City Council if any of them had reviewed the proposed plans for the • Beecher Center which he first saw tonight. The other members of the Council indicated they had not seen the plans. > Based on this,Alderman Besco made a motion to postpone the vote until the September 27,2005 City Council meeting;seconded by Alderman Ohare. Motion defeated by a roll call vote. Ayes-4 Nays-5 Burd-nay,James-aye,Leslie-nay,Munns-nay,Ohare-aye, Spears-nay,Wolfer-aye,Besco-aye,Prochaska-nay Alderman Burd pointed out that Alderman Leslie stated that the City Council is deciding between two entities.She stated that she felt this is only true if the Council turns down the use of the Beecher Center by the Senior Services Associates because it is a definite vote no for the seniors. If the vote is to allow the seniors to use the space,the Council is not saying no to any programs because both the Recreation Department and the seniors programs will continue. If the vote is no for the agreement the Senior Services Associates will leave Yorkville and the message being sent is that the Council does not care enough for what they are providing the community to work with them for a short term. She stated that she did not see how this temporary fix where everyone will get to use a facility was a bad situation. She pointed out that the Mayor Prochaska has been involved in the pursuit of a location and the Council has trusted him before on other issues. She stated that she was surprised that some of the Council who have been his supporters were turning their back on what he is saying. She stated that Mayor Prochaska,Alderman Spears and she have a history on the Council and have been here a long time serving the community.She hoped the other Council members would give them some credibility. The Minutes of the Regular Meeting of the City Council—September 13,2005—page 9 Alderman Leslie asked if there was an opportunity to make a motion to amend the five-year term of the agreement. Mayor Prochaska reread the motion on the floor:to approve the revised Senior Facility Use Agreement as presented and to authorize the Mayor and City Clerk to sign the agreement subject to legal review and approval by Senior Services Associates. Attorney Wyeth clarified that the main motion currently on the floor could be amended. ➢ A motion was made by Alderman Ohare to amend the agreement to a two-year term; seconded by Alderman Wolfer. Alderman Munns asked if the agreement would be amended to two-years with the same sixty-day out clause. Alderman Ohare clarified that the sixty-day clause would remain. Alderman Leslie commented that by making it a two year agreement,it will have to be reviewed. Mayor Prochaska noted that the contract could be reviewed at anytime as it stands now. Alderman Leslie stated that with the two year term it"must"be reviewed;he was asking for an obligation to review it in two years. Mayor Prochaska stated that motion needed to be clarified. Alderman Wolfer withdrew his second and Alderman Ohare withdrew the motion. ➢ A motion was made by Alderman Ohare to amend the agreement to a two-year term,to be reviewed at that time and with the sixty day out clause;seconded by Alderman James. Alderman Burd asked how the funds being spent will be handled. Attorney Wyeth explained that the funds will be prorated to two years. Mayor Prochaska stated that the five year provision was because Senior Services Associates has issues with their grant that is being used to upgrade the building. He stated that Senior Services Associates may not be able to accept the agreement because it puts them in violation of the grant terms. Alderman Leslie stated that the spirit of what is trying to be done is to find a home for the Senior Services Associates;they will have two years. Mayor Prochaska stated that the community it planning a senior center;it is in the City's facility plan. He reiterated what he said earlier in the discussion;the City is currently working to get a facility however it may not happen in two years. He stated that he is hearing distrust that this won't happen. Alderman Leslie commented that by putting a two-year limit on this puts a fire under the City Council to get this accomplished. Mayor Prochaska countered that the contract currently reads that in that five-year time there is an option to have Senior Services Associates move to another location. > A motion was made by Alderman Besco to terminate debate and have a vote on the motion to amend the agreement;seconded by Alderman Ohare. Attomey Wyeth noted that six aye votes were needed to close the debate. Motion defeated by a roll call vote. Ayes-5 Nays-3 Leslie-aye,Munns-nay,Ohare-aye,Spears-nay, Wolfer-aye,Besco-aye,Burd-nay,James-aye Alderman Spears explained that she did not agree with a two-year term because she didn't feel Senior Services Associates would be satisfied with this. She stated that she has been on the City Council long enough to know that a shorter term will not put a fire under the City;this Council does not move quickly on anything. She stated that this could drag out for twenty years. She commented that she did not feel that Mr.Oliver was going to put a lot of investment into a facility for a two-year period. She felt he would loose so it would be better relocating Senior Services Associates to Mason Square in Oswego. She stated that he has been cooperating with the City trying to please these people. She stated she would like to believe that it is not a financial thing for him but rather it is coming from his heart;he is a great supporter of senior citizens. She stated that changing the contract to a two-year term was ridiculous and she would almost encourage the Senior Services Associates to move to Mason Square. She stated she would be sorry to see them go and she was sorry that the City will not support its senior. Alderman Leslie and Besco told Alderman Spears that this was not fair. She retorted that it was fair. She stated that the agreement could be kept at five years and the City couldlook for another location. She asked why those commenting that there are other locations available aren't out there pursing them. She asked why it was only up to certain people,like the Mayor,herself or the Senior Ad Hoc Committee,to find a facility. She stated that the City Council could talk about all the faults however everyone is trying to work together. Alderman Spears asked that the seniors be given some sense of security so they did not feel displaced like the hurricane Katrina victims. She asked how these victims would feel if they were The Minutes of the Regular Meeting of the City Council—September 13,2005—page 10 told they could come to Illinois however in three months they were out and on their own because it is not beneficial to Illinois for them to stay and take jobs away from residents or find a comfortable community to live in. She stated that after this vote,if it is opposed,she would guarantee any senior would change their mind if they were thinking they have found peace of mind in Yorkville. She stated she would not feel comfortable retiring in Yorkville. Alderman Burd asked for clarification on the Senior Services Associates'grant. She asked if they needed a location for five years to receive the funding. Mayor Prochaska asked Mrs.Austin to clarify this and she explained that the five years has to do with the lease. Mr.Oliver expanded on this by explaining that the grant is tied into the Senior Services Associates having a lease and they had five years left on the lease for the Countryside location. Mr.Oliver explained that other locations were investigated but they proved unsuitable for use by the Senior Services Associates. He apologized for putting the City Council in the middle of this; he did not like to see the adversarial position. He suggested that the City Council postpone the vote on the agreement for a few weeks so that everyone could calm down and get all the information. He commented that Yorkville does not need this from the City Council;the City is moving in the right direction with great Council members,seniors,schools,etc. He asked that Yorkville be left in the direction it is moving. Alderman Wolfer asked Mr.Oliver why Castle Bank was not a good location. Mr.Oliver explained that it was offered to the Senior Services Associates and they had concern with the two ingress/egresses with stairs.Senior Services Associates felt it would be too dangerous to be in the basement even though he offered to add a sprinkler system and an elevator. He noted it would be more economical for him to renovate the Castle Bank building than the Beecher Center. It was asked if a back up generator was considered and he stated that this could be considered. Mr. Oliver went on to explain that a location in the industrial park was investigated however he did not want to put a senior facility in an industrial park because it made him feel like he was relocating them to a garage. He reiterated that the Beecher Center is not a permanent solution. He stated that he never said he would build a new building but he has had discussions with the Mayor about a joint venture with the City to build a community center but this cannot be built in thirty to sixty days. Alderman Wolfer asked if Mr.Oliver was adding sprinklers to the Castle Building for the Recreation Department. Mr.Oliver stated that this would be done;the water main has already been run for this. Alderman Spear reiterated that Mr.Oliver was installing an elevator and maybe a backup generator in the event of a disaster which is good.She asked how many people with walkers could fit in an elevator at one time if they needed to escape. Alderman Munns asked if the question could be called because everyone has had information for six months and this should move on. Mayor Prochaska noted that this motion was made earlier and defeated. Mr.Oliver again asked that the City Council postpone the vote,take the emotions off the table, review all the information and then make their decision. Alderman Besco agreed Mayor Prochaska clarified that that there were two motions on the floor;one for the agreement and the other to amend it. He reminded the Council that there was a motion to postpone the vote which was defeated. He explained that to redo the motion to postpone,one of the aldermen who voted nay would have to make the motion to reconsider. Alderman Besco commented that tonight was the first time he saw the plans for the Beecher renovation. He stated that he could have changed his mind if the plans had come to him earlier. He had questions regarding the offices that are in the plans. He asked if the offices that they are planning to construct are temporary so when the Senior Services Associates moves out,the facility could still be used as it was prior to Senior Services Associates moving in. He stated he would like to see revision made to the plans. He stated that he did not want to see Senior Services Associates leave Yorkville but he did want to see Countryside gone and redeveloped because it is an economic incentive for the City. He felt that the City,the seniors and the developer have been put into a bad situation. He stated that none of the City Council are against seniors;they all have parents,grandparents,etc.and it was wrong to say that the seniors are being told to leave the community. He noted that he wasn't elected just by seniors but rather the whole community. He acknowledged that seniors make a community strong and he wanted to work something out. He agreed with Mr.Oliver that the vote should be postponed. Mr.Oliver stated he was willing to make a presentation of the plans to the City Council at any time. Alderman Wolfer stated that he would appreciate this. Mayor Prochaska stated that if this was going to be done,he wanted recommendations from staff as to the plan. He took The Minutes of the Regular Meeting of the City Council—September 13,2005—page 11 responsibility for the City Council not receiving the proper information and he stated that he tried to keep people informed as well as he could however the dynamics of this situation happened quickly. Alderman James asked Mr.Oliver that if this agreement is not approved would it impact the redevelopment of Countryside and Mr.Oliver stated it would. Mayor Prochaska again reminded the City Council that the motion on the floor was to amend the contract to a two-year term. Alderman James withdrew is second to this motion. Mayor Prochaska and Attorney Wyeth clarified that the motion dies for a lack of a second. Mayor Prochaska stated that there was still a motion on the floor;the motion to approve the revised Senior Facility Use Agreement as presented and to authorize the Mayor and City Clerk to sign the agreement subject to legal review and approval by Senior Services Associates. > A motion was made by Alderman Wolfer to postpone the vote for two weeks in order to get more information and bring it back to the Council for a vote. It was discussed if Alderman Wolfer could make this motion and it was clarified that he voted aye to the first vote to postpone. Mayor Prochaska clarified that to reconsider the motion to postpone,it would have to be brought up by Aldermen Burd,Leslie,Munns or Spears. Alderman Leslie expressed his concern that if he made the motion to reconsider postponing the vote for two weeks he would be shutting the seniors out. Alderman Munns stated that postponing the vote gives the seniors two more weeks of stress. Alderman Leslie asked Mr.Oliver if postponing the vote would interfere in the dynamics of the situation and Mr.Oliver stated it would not. A motion was made by Alderman Leslie to reconsider postponing the vote until September 27, 2005;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-5 Nays-3 Munns-nay,Ohare-aye,Spears-nay,Wolfer-aye, Besco-aye,Burd-nay,James-aye,Leslie-aye Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on September 17, 2005 at Raintree Village,461 Hazeltine Way,from 10:00 a.m.to noon. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth postponed his report on the Robert's Rules until the next City Council meeting. CITY CLERK'S REPORT Aldermen Burd and Besco momentarily stepped out of the meeting. MFT Audit#56 for 1/1/04—12/31/04 City Clerk Milschewski reported that she received Audit Report No.56 from the Illinois Department of Transportation(IDOT)which covered the receipt and disbursement of Motor Fuel Tax(MFT)for the period of January 1,2004 to December 31,2004.The net balance of MFT funds as of December 31,2004 was$370,247.99. Clerk Milschewski requested a motion to accept the IDOT Audit Report No.56 as presented. So moved by Alderman James;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,James-aye,Leslie-aye Attorney Wyeth and Administrator Graff noted that the full Council should be present for vote under the Treasurer's Report so the City Administrator's Report was moved up on the agenda. CITY ADMINISTATOR'S REPORT Administrator Graff reported that he placed his letter of resignation in the City Council's mail boxes after he tendered it to Mayor Prochaska. His last day with the City will be September 27, 2005. The Minutes of the Regular Meeting of the City Council—September 13,2005—page 12 Alderman Wolfer stated that he was sorry to hear that Administrator Graff had resigned and he wished him good luck. Mayor Prochaska commented that it is with regret that he has accepted the resignation. He stated that Administrator Graff has served Yorkville well as both Police Chief and as City Administrator. He stated that he has brought a lot to the community by expanding and advancing both the Police Department and administrative staff through education programs and expanding staff to include positions such as the Finance Director. He stated that he felt comfortable having Mr.Graff working on day-to-day dealings with everything from sewer interceptors to IDOT meetings. He stated that Administrator Graff will be missed and he wished him well in his future endeavors. CITY TREASURER'S REPORT Ordinance 2005-75 Authorizing the Issuance of General Obligation Bonds (Alternate Revenue Source)Series 2005 Rob Roy Creek Interceptor Mayor Prochaska entertained a motion to approve an ordinance authorizing the issuance of General Obligation Bonds(Alternate Revenue Source)Series 2005 in the amount not to exceed $12,000,000.00 for the Rob Roy Creek Interceptor.So moved by Alderman James;seconded by Alderman Leslie. Finance Director Pleckham noted that the City Council received a red-line and a clean copy of the ordinance and that the clean-up issue was to identifying a revenue source. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye, Burd-aye,James-aye,Leslie-aye,Munns-aye FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT Hurricane Katrina Police Chief Martin reported that Sergeant Hart has been working 14 to 20 hour days in New Orleans helping the victims of hurricane Katrina. When he returns,Lieutenant Schwartzkopf will probably head down to help. Online Disaster Test Mayor Prochaska asked Chief Martin about the online NIMS test. Chief Martin reminded the Council to go online to take a test in order for the City to become NIMS compliant which will help the City obtain grants. He explained that the test takes about one to two hours to take online. He stated he would get the website information to the City Council. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Midwest Literary Festival Alderman Burd reported that she attended the Midwest Literary Festival in Aurora and that it was a wonderful event. She stated that there were writing workshops and authors were available for people to meet. Mayor Prochaska stated that he and Rita Feltes from the Yorkville Public Library also attended and read stories with a grandparent theme. They also did projects with the children. He also noted it was a successful event. Polka Party Mayor Prochaska reported that he and Alderman Spears attended the Polka Party for seniors at the Beecher Center. He stated that it was a great event with a good tum out with over 150 people in attendance with attendees from as far away as Wisconsin and Ohio. Alderman Spears added that the entertainment asked how many people were from Yorkville and there were ten in attendance. She stated that people were asking if this could be an annual event. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council—September 13,2005—page 13 ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2005-59 Approving the Final Plat of Subdivision for Bristol Bay Units 1-7 A motion was made by Alderman Munns to approve a resolution approving the Final Plat of Subdivision for Bristol Bay Units 1-7 as presented;seconded by Alderman Ohare. Alderman Spears questioned if this was the SSA that the City Council discussed and Mayor Prochaska clarified that the motion was to approve the plat and not an SSA. Motion approved by a roll call vote. Ayes-7 Nays-1 Ohare-aye,Spears-nay,Wolfer-aye,Besco-aye, Burd-aye,James-aye,Leslie-aye,Munns-aye Resolution 2005-60 Approving the Final Plat of Subdivision for Autumn Creek Unit 1 A motion was made by Alderman Munns to approve a resolution approving the Final Plat of Subdivision for Autumn Creek Unit 1 as presented;seconded by Alderman Ohare. Alderman Spears questioned if this development has an SSA and Mayor Prochaska stated that it did. He reminded the City Council that they are voting that the final plat substantially meets the preliminary plat. Alderman Spears asked if the City Council had already voted on the portion that includes the SSA. Administrator Graff noted that SSA bonds have not been approved yet however the intent has been approved. Alderman Spears clarified that if she voted in favor of this was she approving the SSA and both Mayor Prochaska and Administrator Graff stated no and reiterated that approval of this resolution is approving that the final plat substantially meets the preliminary plat. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Wolfer-aye,Besco-aye,Burd-aye, James-aye,Leslie-aye,Munns-aye,Ohare-aye Resolution 2005-61 Approving the Preliminary/Final Plat of Subdivision for XPAC Property A motion was made by Alderman Munns to approve a resolution approving the Preliminary/Final Plat of Subdivision for XPAC Property as presented;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye, Leslie-aye,Munns-aye,Ohare-aye,Spears-aye, Development Agreement and Rezoning—Dearborn Property 201 So.Main Street and 204 Hydraulic Avenue Attorney Bob Pilmer addressed the City Council and explained that a question was raised at the Committee of the Whole meeting last week about the effect of the TIF District on this property. He stated that he has not had a chance to speak with Attorney Wyeth regarding this so he was asking the City Council to postpone consideration of this matter for two weeks until the issues can be resolved. A motion was made by Alderman Burd to postpone the approval of the Development Agreement and Rezoning for Robert and Debra Dearborn for 201 South Main Street and 204 Hydraulic Avenue until the September 27,2005 City Council meeting;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Wolfer-aye,Besco-aye,Burd-aye, James-aye,Leslie-aye,Munns-aye,Ohare-aye PUBLIC SAFETY COMMITTEE REPORT Purchase of Chevy Tahoe A motion was made by Alderman Ohare to approve the purchase of a Chevy Tahoe in an amount not to exceed$28,709.00 subject to the funding recommendation as presented within the memorandum by Finance Director Traci Pleckham dated September 12,2005;seconded by Alderman Wolfer. Finance Director Pleckham explained that she investigated how many building permits would be needed to recoup the funds in the Capital Fund in order to obtain this vehicle. She state that if the building permits don't materialize,she is recommending that the Contingency Fund or the Fund Balance be used. Mayor Prochaska clarified that the budget would support this purchase if the The Minutes of the Regular Meeting of the City Council—September 13,2005—page 14 building permits are not obtained. He noted that he did not mind Contingency Funds being used however he had an issue using the Fund Balance. Administrator Graff noted that staff is concerned with the increase in gas prices and Contingency Funds may be needed to offset this cost. Director Pleckham stated this would be determined at audit time. Alderman Burd asked that in the future the Finance Director notify the department head whose fund is in this condition. Mayor Prochaska started that a procedure is being developed to address this. Motion approved by a roll call vote. Ayes-7 Nays-1 Besco-aye,Burd-aye,James-nay,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None. 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 Besco;seconded by Alderman Wolfer. He asked that the City Clerk,City Attorney and City Administrator be included in the session. 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, Leslie-aye,Munns-aye,Spears-aye,Wolfer-aye The City Council entered into executive session at 10:27 p.m. The City Council returned to returned to regular session at 10:38 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 10:39 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois 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 . , R . P . R . , on September 13 , 2005 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-771305 -41, (I ' ---:) DEP® ® COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES , Alderman; 4 MR . JASON LESLIE , Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR . DEAN WOLFER, Alderman; 7 MR . MARTY MUNNS , Alderman; 8 MS . WANDA OHARE , Alderman; 9 MR . JOSEPH BESCO, Alderman; 10 MS . ROSE ANN SPEARS , Alderwoman; 11 MR . TONY GRAFF, City Administrator; 12 MS . JACQUELYN MILSCHEWSKI , City Clerk . 13 /4 APPEARANCES : 15 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 16 Naperville, Illinois 60563 BY : MR . JOHN JUSTIN WYETH, 17 appeared on behalf of the United City of Yorkville , Illinois . 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : Next we have on 3 the agenda two public hearings . At this time I 4 would entertain a motion to go into public 5 hearing for -- The first one would be for the 6 Yorkville-Bristol Sanitary District , petitioners , 7 request to annex to the United City of Yorkville 8 and rezone from Kendall County A-1 Agricultural 9 to United City of Yorkville A-1 Agricultural 10 District with a special use for a water treatment 11 facility and for hearing as to the annexation 12 agreement of the petitioner . 13 The real property consists of 14 approximately 20 . 375 acres directly west of the 15 existing Yorkville-Bristol Sanitary District 16 property, Bristol Township, Kendall County, 17 Illinois . 18 MS . OHARE : So moved . 19 MR . BESCO : Second . 20 MAYOR PROCHASKA : Moved and 21 seconded . May I have roll call , please? 22 MS . MILSCHEWSKI : Besco . 23 MR . BESCO : Aye . 24 MS . MILSCHEWSKI : Burd . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MS . BURD : Aye . 2 MS . MILSCHEWSKI : James . 3 MS . JAMES : Aye . 4 MS . MILSCHEWSKI : Leslie . 5 MR. LESLIE : Aye . 6 MS . MILSCHEWSKI : Munns . 7 MR . MUNNS : Aye . 8 MS . MILSCHEWSKI : Ohare . 9 MS . OHARE : Aye . 10 MS . MILSCHEWSKI : Spears . 11 MS . SPEARS : Aye . 12 MS . MILSCHEWSKI : Wolfer . 13 MR. WOLFER : Aye . 14 MAYOR PROCHASKA : Motion is carried . 15 We are now in public hearing . Is there anybody 16 that would like to make any presentation? Do you 17 want to talk about this at all? 18 MR. WYETH : Mr . Fister is here . 19 MR. FISTER : I defer to our 20 attorney . 21 WHEREUPON : 22 GREGG INGEMUNSON, 23 testified before the Yorkville City Council as 24 follows : Depo Court Reporting Service ( 630 ) 983- 0030 5 1 MR . INGEMUNSON : Fairly straight 2 forward annexation . The District has owned this 3 property for quite some time . It ' s 20 acres 4 immediately west of their current existing 5 treatment facility . It ' s immediately adjacent to 6 the property . 7 We just felt at this time it 8 was prudent to get it within the City limits for 9 future -- we have no plans for any expansion in 10 the future, but down the road if the community 11 does call for an expansion to serve the community 12 with future sewer needs , this 20 acres is going 13 to be able to serve that existing and future 14 needs of the village and the city, and it ' s a 15 straight annexation . 16 We are just seeking for the 17 zoning classification to mirror the current 18 zoning classification for our current property . 19 With that, I can answer any 20 questions , if anyone has any questions . 21 MAYOR PROCHASKA : Is there anyone in 22 the audience that would like to cross-examine the 23 attorney for the Sanitary District or have any 24 other comments or questions ? Depo Court Reporting Service ( 630 ) 983-0030 1 6 1 (No Response ) 2 MAYOR PROCHASKA: Hearing none, is 3 there anyone on the City Council that has any 4 comments or questions? 5 (No Response ) 6 MAYOR PROCHASKA: Okay . Then thank 7 you very much . 8 MR . INGEMUNSON : Thank you . 9 MAYOR PROCHASKA : At this time I 10 would entertain a motion to close the public 11 hearing . 12 MS . SPEARS : So moved . 13 MS . BURD : Second . 14 MS . OHARE : Second. 15 MAYOR PROCHASKA: Moved and 16 seconded . May I have roll call , please? 17 MS . MILSCHEWSKI : Burd . 18 MS . BURD: Aye . 19 MS . MILSCHEWSKI : James . 20 MR . JAMES : Aye . 21 MS . MILSCHEWSKI : Leslie . 22 MR . LESLIE : Aye . 23 MS . MILSCHEWSKI : Munns . 24 MR . MUNNS : Aye . Depo Court Reporting Service ( 630 ) 983- 0030 7 1 MS . MILSCHEWSKI : Ohare . 2 MS . OHARE : Aye . 3 MS . MILSCHEWSKI : Spears . 4 MS . SPEARS : Aye . 5 MS . MILSCHEWSKI : Wolfer . 6 MR . WOLFER : Aye . 7 MS . MILSCHEWSKI : Besco . 8 MR . BESCO : Aye . 9 MAYOR PROCHASKA : Motion is carried . 10 Next we have on the agenda a 11 public hearing for the purpose of hearing from 12 Pulte Home Corporation, MPLIV10 , LLC, MPLIV20 , 13 LLC , and MLH Yorkville , LLC, petitioners , request 14 to annex to the United City of Yorkville and 15 rezone from Kendall County A-1 Agricultural to 16 the United City of Yorkville Planned Unit 17 Development consisting of R-2 One-Family 18 Residence District , R-3 General Residence 19 District, and B-3 Service Business District , and 20 for hearing as to the annexation and planned unit 21 development agreement of petitioner . 22 The real property consists of 23 approximately 587 acres at the northwest corner 24 of Galena and Route 47 , Bristol Township , Kendall Depo Court Reporting Service ( 630 ) 983-0030 8 1 County, Illinois . 2 Is there anyone that would like 3 to speak for the petitioner? 4 MS . OHARE : So moved . 5 MS . SPEARS : Second . 6 MAYOR PROCHASKA : Moved and 7 seconded . May I have roll call , please ? 8 MS . MILSCHEWSKI : Besco . 9 MR. BESCO : Aye . 10 MS . MILSCHEWSKI : Burd . 11 MS . SURD : Aye . 12 MS . MILSCHEWSKI : James . 13 MR . JAMES : Aye . 14 MS . MILSCHEWSKI : Leslie . 15 MR . LESLIE : Aye . 16 MS . MILSCHEWSKI : Munns . 17 MR . MUNNS : Aye . 18 MS . MILSCHEWSKI : Ohare . 19 MS . OHARE : Aye . 20 MS . MILSCHEWSKI : Spears . 21 MS . SPEARS : Aye . 22 MS . MILSCHEWSKI : Wolfer . 23 MR . WOLFER: Aye . 24 MAYOR PROCHASKA: Motion is carried . Depo Court Reporting Service ( 630 ) 983-0030 9 1 Now, if someone would like to speak . 2 WHEREUPON : 3 CHARLES L . BYRUM, 4 testified before the Yorkville City Council as 5 follows : 6 MR . BYRUM : Thank you . My name is 7 Chuck Byrum. I am a lawyer with the firm of 8 Gardner, Carton & Douglas , and we represent Pulte 9 Home Corporation and Del Webb Corporation . They 10 are the contract purchasers for the residential 11 portion of this property . 12 This is a public hearing, and I 13 do have four witnesses who might -- two will give 14 testimony for sure , and two might , so I don ' t -- 15 is it the custom to swear them all now or 16 individually? 17 MAYOR PROCHASKA : At the City 18 Council, it ' s been our custom that as long as we 19 have the court reporter and they are -- they 20 realize they are in a public meeting, we do not 21 do additional swearing . 22 MR . WYETH : If you would like to 23 have them sworn in, though, Counsel , that ' s 24 fine . Depo Court Reporting Service ( 630 ) 983-0030 10 1 MR . BYRUM : That ' s fine . 2 MR . WYETH : Fair enough . 3 MR . BYRUM : The Mayor has identified 4 the property, has identified the ownership . It 5 is owned right now by three limited liability 6 companies . 7 The property is going to be -- 8 We are seeking to have the property annexed . We 9 are seeking to have it zoned into three 10 categories . 11 The first will be R-2 12 single-family residential , and that will be 13 conventional zoning, and that will be developed . 14 That would be a community that would be developed 15 by Pulte Home Corporation as conventional 16 housing . 17 There will be an R-3 Planned 18 Unit Development District , and that will be 19 developed by Del Webb as an age-restricted 20 residential community, and we are seeking PUD 21 approval on that one, and then there is a B-3 22 commercial district for the balance of the 23 property . That ' s approximately 30 acres . 24 We have appeared before the Depo Court Reporting Service ( 630 ) 983-0030 11 1 Plan Commission, and pursuant to public hearings , 2 the Plan Commission has approved and recommended 3 the annexation of the property, the zoning of the 4 property, and we hope to conclude the process 5 tomorrow night with the plan development approval 6 for the R-3 portion . 7 So tonight ' s hearing is a 8 public hearing on the annexation agreement , and I 9 realize other items will be discussed, but I -- 10 for the record, we have submitted a draft 11 annexation agreement for the property . It bears 12 the draft date 8-26-05 . 13 If it looks familiar to you, 14 it ' s because it ' s largely the Autumn Creek 15 annexation agreement that we recently received 16 approval or recently executed with the City, but 17 I think that -- and we will be here to entertain 18 any public comment on the annexation agreement 19 and answer any questions you may have on the 20 annexation agreement, but I think you are also 21 very interested in what we specifically have 22 intended and planned for the development of the 23 property and what the plans will look like , and 24 that ' s where I ' d like to go in our testimony Depo Court Reporting Service ( 630 ) 983-0030 12 1 right now . 2 We do have Matt Cudney, who 3 represents Pulte and Del Webb, and Phil 4 Stuepfert, from SEC Planning, our planner, who 5 are going to talk to you a little bit about this , 6 and then we do have our engineers here from Smith 7 Engineering to answer any questions , but we don ' t 8 plan on direct testimony from them . 9 So with that , what I would like 10 to do is turn it over to Matt to talk a little 11 bit about our land uses . Matt? 12 MR. STUEPFERT : Actually it ' s Phil . 13 MR. BYRUM : Phil, excuse me . 14 WHEREUPON : 15 PHIL STUEPFERT , 16 testified before the Yorkville City Council as 17 follows : 18 MR. STUEPFERT : Phil Stuepfert with 19 SEC Planning . And, first of all , good evening , 20 and it ' s a pleasure to be here to talk about this 21 project . 22 It ' s an exciting project and 23 it ' s a very neat project , and you are going to 24 hear us use that word "neat" very much with this Depo Court Reporting Service ( 630 ) 983-0030 13 1 project , because it is . It ' s a neat buyer , 2 special buyer . 3 And we currently have six or 4 seven projects for Del Webb across the country, 5 and in terms of site planning and some of the 6 products that we use , we ' re doing the same thing 7 with this Yorkville project as we are across the 8 country . 9 There ' s certain things that we 10 are doing specific to the buyer and buyer needs . 11 You know, some of the things like the quality, 12 community, zoning, Del Webb ' s reputation is very 13 good . All of those things play into this 14 project . It ' s a very strong community . Matt 15 will probably talk about some of this as well . 16 But the buyer is very unique , 17 and they are looking for certain things in a 18 community, so that ' s why some of the site 19 planning standards that we are using , the way 20 the site plan is set up, is specific to this 21 buyer . 22 You are going to hear us talk 23 about some of the variances that we are asking 24 for . Those variances are specific to the buyer ' s Depo Court Reporting Service ( 630 ) 983-0030 14 1 needs and the buyer ' s wants . 2 Before I get into some of that, 3 there are many things that we are in compliance 4 with . First of all , the Comprehensive Plan for 5 this property shows commercial down on the 6 southeast corner, and then it shows a 7 transitional use and then going to suburban 8 neighborhood . We are very much in compliance 9 with that . 10 Our overall gross density is I1 3 . 17 units per acre, and that is -- I believe in 12 the comments he said that ' s very consistent with 13 the Comprehensive Plan . 14 In terms of the zoning, I 15 believe you have this exhibit in your packets . 16 It shows some of the adjacent properties . 17 We have the Bristol Bay project 18 by Centex over in this area, and you can see that 19 there are B-3 zoning along 47 . We are very 20 consistent with our B-3 zoning across from that . 21 The West Grade Village to the 22 south of us , that is B-3 zoning in here, which is 23 across from our B-3 zoning, and we have 24 residential across from our residential . Depo Court Reporting Service ( 630 ) 983-0030 15 1 Here is the Bay Meadows 2 project, and I believe it ' s in the concept stage , 3 commercial and single-family detached . 4 So we feel like we are fitting 5 in very well with the surrounding communities and 6 consistent from the zoning standpoint . 7 Some of the things -- and I ' ll 8 just pull up the plan here real quick . In terms 9 of the site plan, I was mentioning that -- you 10 know, all the other projects we are doing around I1 the country, there are certain things that we do 12 in a Del Webb concept , and some of the items , 13 like a dramatic entry and the water on both sides 14 of the entry, will add very unique presentation 15 and a very strong community . We do that on all 16 of our communities around the country . 17 And one of the things you will 18 notice , this boulevard or this control and this 19 loop road, you will see there is no lots loaded 20 on that type of track . 21 That ' s very intentional , so as 22 you drive through these communities , they have a 23 very nice feel . 24 If anybody has been through Depo Court Reporting Service ( 630 ) 983-0030 16 1 the Huntley project, it ' s a very pleasing 2 appearance as you drive through, so it ' s very 3 intentional . Some of the lakes and the amenity 4 centers are, again, very intentional . 5 It ' s set up, as you can see , 6 with different distinct enclaves throughout the 7 development , with one primary entry and then a 8 secondary access for emergency purposes . 9 Again, that ' s very -- we like 10 to have each project very specific for the I1 different buyers that come in there . 12 Some of the -- I won ' t go too 13 much into detail in the plan, but you ' ll see that 14 there are buffers along some of these areas , 15 berming and landscaping along 47 and along Galena 16 in those areas , so, again , everywhere you drive 17 around this project , I think this is a great 18 entryway into Yorkville as you come down south . 19 I mean , we are going to have 20 very nice landscaping, the water is an 21 impressive entry . Much like if you have seen 22 the Huntley project along 47 , it has a very 23 distinct presence . You can ' t help but look over 24 there . We see some of the same things in this Depo Court Reporting Service ( 630 ) 983-0030 17 1 project . 2 So those are some of the things 3 that we feel like we ' re doing that is very 4 consistent with the Comp Plan, and we have a very 5 strong project that way . 6 Now, with some of the buyer 7 needs of wanting smaller lots and less 8 maintenance and things like that, we are asking 9 for some smaller lot sizes and some smaller 10 setbacks , which is not typical for a lot of 11 developments around Yorkville . 12 Some of the justification for 13 that is , as I mentioned, the buyer doesn ' t want 14 all that yard to maintain, doesn ' t want to 15 maintain all the yard, don ' t want to maintain all 16 that landscaping . 17 They are looking for a 18 lifestyle community . They are not looking for a 19 big yard to let their kids run, they don ' t have 20 kids obviously, so they are looking for very 21 specific things , a lifestyle community with 22 amenities in it . 23 Secondly, some of the 24 reductions that we are asking for in terms of lot Depo Court Reporting Service ( 630 ) 983-0030 18 1 sizes and setbacks , hopefully you are not too 2 concerned with that because the lots of these are 3 ranch homes , and that ' s very key . 4 If you are in a development 5 with two-story homes , if you have a reduced 6 setback, it looks very dense , but in Del Webb 7 communities , they are all ranch homes , so as you 8 go down the streets , it really doesn ' t have the 9 feeling that these homes are so tight . 10 Hopefully if you go through 11 Huntley you will see that, very nice feel as you 12 drive through the area , and a lot of that has to 13 do with the landscaping, increased landscaping in 14 the front yard, all the boulevards and all that, 15 so it just has a nice feel throughout the 16 community . 17 Lastly, we are asking for 18 reduced right-of-way widths . The reason we like 19 to have these roads and right-of-ways , you have 20 more pedestrian streetscape . 21 A lot of these people are 22 walking all the time , they don ' t want long, wide 23 roads where traffic is moving very quickly and 24 fast . This is a different type of community . We Depo Court Reporting Service ( 630 ) 983-0030 19 1 want it to be safe . 2 We have curving roads . As you 3 can see , we don ' t have any very long, straight 4 roads , a fair amount of cul-de-sacs , which are 5 safer for some of these residents , so it ' s 6 really designed specifically, once again, for the 7 buyer . 8 That basically sums up a lot of 9 the things I wanted to touch on . Obviously if 10 you have some questions and things like that , I 11 will answer those for you, but I do just 12 encourage you to keep in mind that this is a very 13 unique community, and some of the things that we 14 . are doing here we are doing around the country, 15 and they are templates that we apply to normal 16 projects and the same thing we are doing in this 17 Yorkville project . Thank you . 18 MR . LESLIE : I have some comments . 19 MAYOR PROCHASKA : Jason, first we 20 have to yield the floor . 21 MR . STUEPFERT : Matt Cudney is going 22 to say a few things as well , so I ' ll turn it over 23 to him. 24 WHEREUPON : Depo Court Reporting Service ( 630 ) 983-0030 20 1 MATT CUDNEY, 2 testified before the Yorkville City Council as 3 follows : 4 MR. CUDNEY : Hi . I ' m Matt Cudney. 5 I ' m with Pulte and Del Webb . I ' ve seen many of 6 you for quite some time now, so I will talk a 7 little bit tonight and I ' ll keep it brief . 8 I know that we ' ve talked a lot 9 in many different meetings , in the Committee of 10 the Whole meetings and some of the Economic 11 Development Committee meetings , in terms of what 12 this project is and what this project can bring 13 to Yorkville . 14 And, first off, I just really 15 want to kind of emphasize a couple of things we 16 have talked about in saying this is a project 17 that is unlike anything that has been done in 18 Yorkville before , and so I really encourage you 19 to kind of take off the mindset of looking at 20 this as a traditional development at least in 21 terms of the Del Webb portion and open your minds 22 to what this actually is . 23 This is an age-restricted 24 community that is going to be only available to Depo Court Reporting Service ( 630 ) 983-0030 21 1 people who are 55 and older, provides a very 2 vital housing opportunity for many people who 3 presently live in Yorkville and want to downsize 4 and really have no place to go . 5 And just really, as we go 6 through this , I know that it can be very, very 7 difficult to get past sometimes the lot sizes 8 you ' ve done a really good job of trying to 9 maintain throughout your typical residential 10 developments in Yorkville . 11 This is , again, completely 12 different than anything that you have seen 13 before . 14 It may not necessarily be what 15 you personally would want to live in, but I think 16 there are some people who work in the City that 17 can testify that they have received many phone 18 calls , I have received some emails from people , I 19 have talked to some people who are actually in 20 the audience tonight who have asked me when they 21 can move in . 22 This is something that people 23 who presently live in Yorkville are interested in 24 and want to see . Depo Court Reporting Service ( 630 ) 983-0030 22 1 What we are trying to do -- and 2 I ' ll spend very little time on the Pulte portion 3 because that is not going to be unique -- that is 4 going to meet the straight zoning, it ' s not going 5 to be townhomes , it ' s all single-family detached, 6 it ' s very consistent with what you have in your 7 Comprehensive Plan, so I think from what we are 8 talking about , there really aren ' t variances or 9 exceptions that we are looking for in that . 10 And primarily what I want to 11 focus on tonight is the focus on the other areas 12 in the public area later tonight , but it is the 13 Del Webb portion that I think people really need 14 to understand to try to figure out what we ' re 15 trying to do here, and that ' s the reason we are 16 going for a PUD, and I think it ' s a perfect 17 example of why you have a PUD ordinance , is to 18 allow certain variances and ordinances to allow a 19 different type of community than what you have . 20 This is a blueprint that ' s been 21 used throughout the country, and you might ask 22 yourself why does Del Webb work, and I would say 23 Del Webb works for a couple different reasons . 24 One , we have 30 years of Depo Court Reporting Service ( 630 ) 983-0030 23 1 experience of doing this . We ' ve done this in 2 several states across the country . We are very 3 concerned about what kind of product we put out, 4 we are very concerned about what kind of housing 5 we offer, we are concerned with the lifestyle 6 people have, and that ' s one things Del Webb is 7 concerned about , is their lifestyle . 8 The lifestyle that a Del Webb 9 community provides is a couple different things . 10 One , we have an amenity center that is sized 11 appropriately and adequately . 12 There is a director of 13 activities who organizes activities and clubs at 14 the request of different residents , and perhaps 15 most importantly for a lot of seniors is the fact 16 this is a no maintenance community . They will 17 not have to worry about mowing lawns , snow 18 removal . 19 There are small yards where 20 they can do some plantings on their own if they 21 so desire , but for them this is something that 22 they can go ahead and not have to worry about any 23 of those things as sometimes when you downsize is 24 not what you want to deal with . Depo Court Reporting Service ( 630 ) 983-0030 24 1 We want to spend our time 2 playing with our grandkids or playing bocce or 3 any of the other things in the community . 4 Del Webb is value . We have 5 reasonable home pricing . What we ' re trying to 6 make sure is that these people , as they downsize , 7 that they can afford this home . 8 One of the things you don ' t 9 really want is to have a large mortgage after you 10 retire , and what we try and do is provide 11 reasonable finance -- or reasonable pricing so 12 that as people sell their homes and downsize , 13 they either can pay cash for their home or have a 14 reasonable down payment so that their monthly -- 15 their monthly payment is low . 16 In addition to that, there is a 17 low monthly assessment . We try and keep the 18 assessment as low as possible in order to provide 19 all the amenities that these people want . 20 I ' d just like to talk about a 21 couple what I think are the direct benefits to 22 Yorkville . 23 I think one of the biggest 24 benefits is there is a significant increase in Depo Court Reporting Service ( 630 ) 983-0030 25 1 property taxes in particular that would benefit 2 the schools without any impact to the schools . 3 In an age-restricted community, 4 people who are -- you cannot have anybody who is 5 actually 21 , under 21 , live there , so you may 6 have some grandkids come and visit , but they 7 actually cannot come and live with you . In order 8 to actually purchase them, you have to be 55 and 9 older . 10 So what you are doing is you 11 are actually generating a bunch of tax credits , 12 and we have finished up a fiscal impact study, 13 which you should be receiving next week, if not 14 this week, just for the Del Webb portion of the 15 project . 16 In addition, as you look at the 17 populations that are generated by this , because 18 they are ranch homes and they are geared towards 19 people who are 55 and older, the average 20 population in each home is 1 . 8 people . 21 Your ordinance talks about your 22 regular single-family homes , and that includes 23 people with children, and that is 3 . 75 , so you 24 have a much different -- big difference in the Depo Court Reporting Service ( 630 ) 983-0030 26 1 population, and that ' s -- let me just talk a 2 little bit about the sheet that I handed out . 3 It ' s talking a little bit about 4 comparing what it would be if this was an 5 actual -- besides an active adult community to a 6 traditional community, and the chart on the top 7 basically says that if you just went in with a 8 density of 2 . 5 , and for this particular area here 9 it is the transitional zoning, which you could 10 have density up to 3 . 5 per acre , so I did take 11 the maximum, I just took the 3 . 5 , lowered it to 12 three people per unit , and I just want to point 13 out the difference in the homes . 14 If you look on the top one , 15 there is -- in the Del Webb portion, it ' s 811 16 homes . If we were to have traditional homes 17 there with the same -- with this density of 2 . 5 , 18 so it is a little less dense , you would have 183 19 more homes for Del Webb . 20 But look at the population . 21 That ' s almost a thousand more people , and almost 22 all of those people are children, which are going 23 to be an impact to the school district . 24 And I provided two examples on Depo Court Reporting Service ( 630 ) 983-0030 27 1 here , a density of 2 . 5 per acre and a 3 . 0 per 2 acre , just to show what we are looking for in 3 terms of what ' s going to be generated through the 4 population for this development , so I think what 5 you can -- what I will try now to tell you is you 6 have a fewer number of people in these homes , 7 you ' re going to have a decrease in your usage in 8 terms of utilities and also a decrease in terms 9 of your road usage . 10 These are people who are 11 typically retired, they do not travel in peak 12 times . Most people at this point are no longer 13 working or are working part-time and they have 14 more flexibility with their hours , so in addition 15 to that , they are not using the roadways when 16 everybody else is . 17 In addition, Del Webb 18 communities they are more cost effective in terms 19 of maintenance of the infrastructure . 20 Those are what I think are some 21 of the direct benefits to Yorkville . I think 22 there are also some residual benefits as well 23 that are not directly proportional to this . 24 But we have done different Depo Court Reporting Service ( 630 ) 983-0030 28 1 studies as well , and the study you will receive 2 is 37 percent of the people who live in the Del 3 Webb communities are actively volunteering in the 4 community outside of the Del Webb area itself, 5 and I think that ' s really big . 6 Yorkville prides itself on 7 having such community involvement, and they have 8 so many people who do so many good things here , 9 as recognized by the Moose tonight and other 10 people recognized for things that they do . 11 37 percent of the people that 12 live in Del Webb want to do good things . They 13 are also consumers , they want to shop close at 14 home, and I think if you talk to different people 15 in the Economic Development Committee , Del Webb 16 communities provide a really strong economic 17 engine for growth for retail . 18 And another thing I think that 19 is very important is it allows long-term 20 residents to remain in the area . There is a big 21 market for people who want to live in a community 22 like Del Webb, and there ' s really nothing out 23 there for them, no place for them to go , and I 24 think that is a real big plus for this community Depo Court Reporting Service ( 630 ) 983-0030 29 1 as well . 2 That pretty much wraps up what 3 we have in terms of a formal presentation . If 4 the public has questions , we also have our 5 engineer here as well to answer any specific 6 questions . 7 MAYOR PROCHASKA : At this time I 8 would ask if there is anybody that would like to 9 ask any questions of any of the gentlemen here or 10 make any comment on this particular project and 11 annexation agreement . 12 (No Response ) 13 MAYOR PROCHASKA : Hearing none , 14 Alderman Leslie , I believe you have comments . 15 MR . LESLIE : I ' ve seen this project 16 a couple of times , it ' s gone through EDC . I want 17 to point out -- I ' m sorry, I don ' t remember his 18 name -- some of the right-of-ways , lot sizes , I 19 think it ' s only fair to point out that it does 20 aid the developer as well . 21 I understand that the aging 22 population may not want to maintain a lawn, but 23 there is a motive for profit here . I think it ' s 24 fine , I just want to state that . Depo Court Reporting Service ( 630 ) 983-0030 30 1 In specific, item number 20 , I 2 notice you had the establishment of a special 3 service area , installation, public improvement 4 benefit , conventional and residential parcel , 5 something we are seeing more and more . 6 I would like to see if we can 7 get the specific insight of the developer why the 8 application for an SSA . 9 And then two other items for 10 the plan that you ' ve already heard insofar as the 11 EMS services , it ' s very consolidated . I 12 • understand the rolling meadows aspect as you are 13 driving through . 14 This to me looks like 15 reminiscent of a Boulder Hill , a lot of straight 16 streets . I can get lost in it myself . I have 17 concerns with plowing it as far as physical 18 constraints , getting it plowed, and as an older 19 geriatric population moves in, snow removal is 20 going to be important , and finding their way in 21 and out would be important as well . 22 So aside from that , I think 23 you ' ve heard a lot of comments going through EDC, 24 . I think it ' s a noble effort , but I have a few Depo Court Reporting Service ( 630 ) 983-0030 31 1 challenges . 2 MAYOR PROCHASKA : I guess the SSA 3 would be the first . 4 MR . CUDNEY : All right . One of the 5 things to talk about, and I know there have been 6 a lot of discussions about the SSA, and I think 7 the thing to talk about is in particular with the 8 Del Webb portion of it , we would not be 9 requesting an SSA on the Del Webb portion of the 10 community for a couple different reasons . 11 One is , again , trying to keep 12 the value for the population and the market that 13 we are going for in this , and it ' s very, very 14 difficult to add the SSA to that, but one of the 15 things that we are doing is if you look at the 16 roadway improvements in particular that are going 17 to be taken care of with this development , there 18 are significant improvements along Route 47 that 19 are going to aid everyone in the area . 20 Again, significant improvements 21 along the baseline road, along the extension of 22 Beecher , which I understand is a very important 23 aspect of your transportation plan, and also some 24 improvements along Galena Road in terms of -- and Depo Court Reporting Service ( 630 ) 983-0030 32 1 what I ' m going to be talking about right now with 2 the SSA are things that are going to be regional 3 improvements into the region as a whole and not 4 just specifically this development , and I think 5 in hearing a lot of the discussions you ' ve had, 6 many people have had, maybe the developer should 7 pay their way if they want to come in Yorkville 8 and they shouldn ' t be putting any landscaping in 9 there . They should be paying for infrastructure 10 in their own site . 11 And I think that that ' s a fair 12 and legitimate argument to make , but the other 13 thing I would say is that in terms of doing 14 things that are perhaps above and beyond what 15 would normally be done for a development like 16 this and certain things that are going to be 17 benefiting the region as a whole , those should be 18 things that should be eligible for the SSA, and I 19 think we could work with the City to kind of 20 identify those and identify certain parameters in 21 terms of what should be included in an SSA and 22 specific dollar amounts in terms of what should 23 be included in an SSA to try and really control 24 how much is there and what that -- what that Depo Court Reporting Service ( 630 ) 983-0030 33 1 actually is . So I hope that answers your SSA 2 question . 3 In terms of a couple of the 4 other things you talked about, EMS services and 5 plowing, you know, we ' ve had different meetings 6 with the City Staff, and I don ' t believe there 7 are any concerns that were actually given by any 8 of the -- any of the people at the fire 9 department or the police department that were 10 there . 11 It ' s like any other 12 subdivision; oftentimes when it ' s new, you 13 oftentimes get lost in it . I imagine people will 14 be getting lost in Grande Reserve quite a bit . 15 But what we have found in 16 particular with this particular age group, they 17 don ' t want people coming in there that really 18 don ' t belong there, and that ' s one of the reasons 19 there aren ' t a lot of interconnections with other 20 streets . 21 This is something very 22 important . They want the security of knowing 23 that people who are in their neighborhood are 24 people who belong there . And, again, the way Depo Court Reporting Service ( 630 ) 983-0030 34 1 that it is laid out is something that that will 2 provide . 3 I don ' t think that snowplowing 4 has been an issue . I know it hasn ' t been an 5 issue in Sun City . We are doing a couple other 6 developments around here . 7 It ' s something that happens all 8 along . You ' re going to have -- you figure it out 9 as you go along in terms of the first time you go 10 in and get lost, and I would say that I wouldn ' t 11 want to shortchange any of the people who live 12 there by saying that they ' re not going to be able 13 to find their way around because I know a lot of 14 people , you know, particularly in a lot of these 15 developments like having the areas there so it ' s 16 not easy for people to get to . 17 MR. LESLIE : I hope you go with me 18 on the first tour getting in and out . 19 MR . CUDNEY : Absolutely . And, 20 again, I don ' t know how many people have gotten 21 out to look at other developments that we ' ve 22 done, but I think it ' s very important . 23 I think it gives you a better 24 understanding and a better feel for how the whole Depo Court Reporting Service ( 630 ) 983-0030 35 1 thing works because it ' s hard to look at this 2 right now and on paper try and conceptualize how 3 this all flows , and I know that Alderman Burd had 4 brought up in terms of going to Sun City to make 5 sure that you get off the beaten path and not 6 directly around the golf course because that may 7 give you a false sense of the open space that are 8 there . 9 But there are many 10 neighborhoods around there next to the golf 11 course that will show you just how the community 12 flows , and after about five or six years you can 13 see the development of the landscaping, you can 14 see the development of the homes . It really is a 15 beautiful community . It really is . 16 MR . LESLIE : Thank you . 17 MS . OHARE : Question . 18 MAYOR PROCHASKA : Yes . 19 MS . OHARE : Sir, before you walk 20 away, I have an email letter to the City engineer 21 and he ' s brought up several issues . Have any of 22 those been addressed? 23 MR . CUDNEY : Depends on the date of 24 your letter . Depo Court Reporting Service ( 630 ) 983-0030 36 1 MS . OHARE : September 12 . 2 MR . CUDNEY : There are certain 3 things within that letter that I think we can let 4 our engineer actually talk about . 5 Some of the things on there in 6 terms of I think some of the turning, curves -- 7 MS . OHARE : Right . 8 MR . CUDNEY : -- I think some of that 9 is by design . We want to have those curves in 10 there for several different reasons . 11 Some of those are travel 12 calming devices because as you have those curves 13 that are a little sharper, people have to go 14 slower within those areas . 15 Unless you have anything more 16 specific, I ' m not sure what you would want me to 17 address . 18 MS . OHARE : I didn ' t know -- 19 There is just a list here and I didn ' t know if 20 they were being addressed here . 21 MR . CUDNEY : We had met several 22 times with Mr . Whitehouse in terms of what he ' s 23 got and what he wants . 24 I think he understands and Depo Court Reporting Service ( 630 ) 983-0030 37 1 recognizes the fact that this is a very different 2 type of community and so it needs to be looked at 3 in a little bit different way than your 4 traditional community would be looked at . 5 MAYOR PROCHASKA : Rose? 6 MS . SPEARS : I do have several 7 questions for you . You are talking about smaller 8 lot sizes . 9 Are these sizes that ' s going to 10 be the same as you have in your development in 11 Plainfield? 12 MR . CUDNEY : The development -- 13 MS . SPEARS : Is that the one in 14 Plainfield that you said? Where is your other 15 one? 16 MR . CUDNEY : No . We ' ve got one in 17 Shorewood . 18 MS . SPEARS : Shorewood . Okay . 19 MR . CUDNEY : I think these are 20 similar in size to the ones in Shorewood . 21 MS . SPEARS : Okay . Because I think 22 the houses are very close in there . I did go 23 through there , and I just don ' t feel that homes 24 should be on lots that size . I think they are Depo Court Reporting Service ( 630 ) 983-0030 38 1 very close . 2 And it reminds me of living 3 back in the City; when your neighbor sneezes , you 4 say God bless you . You can hear everything . I 5 don ' t like that . 6 MR. CUDNEY : And I confess that you 7 don ' t like that and there are a lot of other 8 people who may like that, and I ask you to keep 9 that in mind as well . 10 MS . SPEARS : Okay . I will . And 11 also what are you estimating your average home 12 cost , average ranch home cost , is in here? 13 MR. CUDNEY : The average home cost 14 probably on the attached project, our duplexes , 15 are going to be the low 200 ' s -- 16 MS . SPEARS : Okay . 17 MR . CUDNEY : -- starting out, the 18 mid-200 ' s probably for our classic , and probably 19 . the high 200 ' s for what we call premier . 20 MS . SPEARS : And those are your 21 ranch homes? 22 MR . CUDNEY : They are all ranch . 23 MS . SPEARS : They are all ranch, 24 okay . You do have an association, correct , that Depo Court Reporting Service ( 630 ) 983-0030 39 1 would be maintaining the yards and everything for 2 the individuals ? 3 MR . CUDNEY : Correct . 4 MS . SPEARS : That really shouldn ' t 5 be an issue about having smaller lot sizes . 6 Are you going to have on-street 7 parking? 8 MR . CUDNEY : You know what? 9 Probably not with this . We usually -- In most of 10 our Del Webb communities we have on-street 11 parking on one side of the street , because of the 12 reduced right-of-ways that we have requested, so 13 usually there is plenty of parking within -- all 14 homes have two car garages , so there is two 15 spaces there , two spaces in the drive, and then 16 in certain areas there could be parking on the 17 street . 18 MS . SPEARS : Okay . Because I think 19 you were here at one of our meetings when we had 20 a lot of discussions on the problems that we are 21 currently experiencing in the City with on-street 22 parking, and we are trying to do an ordinance , so 23 if you have smaller right-of-ways , reduced 24 right-of-ways , and even though you have parking Depo Court Reporting Service ( 630 ) 983- 0030 40 1 allowing it on one side of the street , I know 2 it ' s going to be based on what our ordinance 3 calls for, but I am a little concerned with your 4 request to reduce the right-of-ways . 5 MR . CUDNEY : And if I might say with 6 that , again, with the parking that you would face 7 in a traditional community, again, you have many 8 where people that are in homes and have cars and 9 most of the people in terms of when people come 10 in our Del Webb communities , we have not had an 11 issue with parking . 12 MS . SPEARS : Okay . And are your 13 facilities -- I know you ' re going to have many, 14 many different facilities that are geared to the 15 seniors , and I think that ' s great . 16 Are they going to be open to 17 our various seniors that are not living in your 18 development? Will they have access? Will they 19 be able to come here? 20 MR . CUDNEY : No . That is an amenity 21 center basically for the people who are there 22 because they are the ones who are paying for the 23 support of the community center . It ' s part of 24 their assessment . Depo Court Reporting Service ( 630 ) 983-0030 41 1 MS . SPEARS : Also, just a few more . 2 MR . CUDNEY : That ' s fine . Many as 3 you like . 4 MS . SPEARS : You said that any 5 individual under the age of 21 is not allowed to 6 purchase a home or live there . Is that true 7 also? 8 MR . CUDNEY : The way I believe the 9 federal law is written and the way it works , you 10 are supposed to be 55 or older to be able to 11 purchase a home . 12 Now, there may be people who 13 are 55 who have someone -- they may be married to 14 somebody who is younger and they can live there, 15 but in order for someone to actually live there , 16 the age requirement is 21 . 17 MS . SPEARS : Okay . So if a resident 18 is , let ' s say, 60 years old or 55 and they have 19 possibly a grandchild that ' s 25 and decides to 20 move in with them, is that going to be allowed, 21 and if they have children, are they going to be 22 allowed to do that? 23 MR . CUDNEY : No, not if they have 24 children . Depo Court Reporting Service ( 630 ) 983-0030 42 1 MS . SPEARS : So children can ' t 2 really move in with these people at all . 3 MR. CUDNEY : Correct . Correct . 4 MS . SPEARS : I believe that ' s it . 5 Thank you . 6 MAYOR PROCHASKA : Marty, do you have 7 any? 8 MR . MUNNS : Yeah, if you want to go . 9 Number one , I think it actually fits perfectly 10 for Yorkville . We have a lot of traditional 11 developments going on and there is many choices 12 there . There is not many choices in this genre 13 of homes , do all the maintenance and have the 14 yard . 15 I like the less population . I 16 am not too keen on more houses , but I think less 17 population, which means less cars , because you 18 don ' t have the four or five kids in the driveway 19 and driving . Less burden on the schools is nice . 20 And what I like for economic building, there is 21 more disposable income in Yorkville , which 22 generates more tax for Yorkville . So that ' s my 23 comments . 24 MAYOR PROCHASKA: Joe . Depo Court Reporting Service ( 630 ) 983-0030 43 1 MR. BESCO : Yes . I also have a 2 comment on the Special Service Area first . Under 3 22 , the wording is primary funding mechanism. So 4 I ' m sure that can be changed . 5 And then another observation I 6 had was there is 17 cul-de-sacs in the Del Webb 7 portion . There is 24 total . That ' s very 8 time-consuming to snowplow . 9 Personally I think in a 10 situation like this that a back-up SSA for 11 plowing and making private would be much more 12 appropriate . That would be very time-consuming 13 on our public works department . 14 And like Jason, I know if I was 15 plowing that in the middle of the night , I ' d get 16 lost , too . 17 MAYOR PROCHASKA : Anyone else? 18 MS . SPEARS : Can I have one more? 19 MAYOR PROCHASKA : Okay . 20 MS . SPEARS : Sorry . Recently our 21 Council has been talking about , especially with 22 age restricted or senior targeted areas , to -- 23 instead of applying money to -- and this is 24 something that our Council has to work out , Depo Court Reporting Service ( 630 ) 983-0030 44 1 instead of applying funds strictly to our parks 2 department, that the funds would be applied to 3 have a new facility built for our seniors , and my 4 personal opinion is I am going to wait before I 5 vote on any developments such as this until our 6 City has all this in place so we know exactly 7 what percent would be allocated to a community 8 center for our seniors . 9 MR . CUDNEY : I think -- 10 MS . SPEARS : It ' s something that 11 needs to be worked out with you . 12 MR . CUDNEY : Absolutely . I think 13 that you know I was there at the meeting last 14 week when you were discussing a lot of the 15 issues , and I think it ' s vital , particularly as 16 our population continues to age , to have services 17 that are available for seniors , and I think 18 internally it ' s a decision that you may -- what 19 you want to do with the dollars that are 20 generated by any developers go towards that , and, 21 you know, I have been -- I am in support of 22 whatever you want to do, and I ' m not sure what 23 you actually need to do in terms of that . 24 I think you can allocate Depo Court Reporting Service ( 630 ) 983-0030 45 1 whatever funding you want . If anything, a parks 2 department , that ' s funding you can allocate any 3 way you want , so I guess I defer to your Council 4 what we need to do . I think it ' s a good idea . 5 MS . SPEARS : Thank you . 6 MS . OHARE : One more comment here? 7 I do support the Del Webb . I like the looks of 8 it . I ' ve seen several of them. I have toured 9 Huntley and you have one up near Elgin. 10 MR . CUDNEY : One in Elgin , too . 11 MS . OHARE : I have toured that one . 12 I do qualify, but -- and I have a couple people 13 that are professionally retired and they are 14 waiting, anxiously waiting, to see if you could 15 come in, and I think we should be pleased that 16 you have selected our area . 17 I think it would do a lot of 18 people -- not just people that live in Yorkville , 19 but people that want to move out of other 20 surrounding communities that just want to come 21 this way . So I think it ' s a good idea . 22 MAYOR PROCHASKA : Paul? 23 MR . JAMES : I ' d like to say it ' s 24 nice to see that you are doing a whole community Depo Court Reporting Service ( 630 ) 983-0030 46 1 that ' s dedicated for the seniors . I think that ' s 2 outstanding . 3 There is a couple challenges 4 like they are talking about , but I think those 5 are things that we can work through . I really 6 want to see this type of community come into 7 Yorkville . 8 And the biggest thing is , you 9 know, there are possibly you are saying 10 approximately 800 homes and there is no impact on 11 the school system, and -- well , there is impact , 12 and that is that there is fees that are coming 13 into the school system, so, you know, I think 14 that ' s outstanding . 15 That ' s something that ' s very 16 important , you know, that we put a whole 17 community in there and they are helping pay for 18 our school system without putting any students in 19 the schools . 20 MR . CUDNEY : And I think that to add 21 on to that , I think also when you go back to the 22 percentage of that 37 percent of the people who 23 live there are actively volunteering in the 24 community outside of the Del Webb, to tap into Depo Court Reporting Service ( 630 ) 983-0030 47 1 mentors , to tap into speakers , to tap into a 2 great resource, you know, that you can build a 3 lot of synergy within the school district itself, 4 that it really begs for that to happen . 5 MR . JAMES : And I guess to address 6 the parking and stuff , I ' ve seen -- A lot of 7 communities I ' ve seen like this , most of the 8 homes , there is very few homes that really have 9 two cars . Parking is not an issue in these 10 communities . 11 It ' s basically the homes that 12 have one car and they park it in the garage , and 13 I don ' t see that as being a problem. 14 And the other thing is if this 15 does go through, I was just curious of 16 projections of when you would start building and 17 when you think the first home would be up for 18 sale . 19 MR . CUDNEY : We would like to start 20 building sometime in the spring . I think -- I 21 mentioned at a couple different meetings when we 22 opened our community in Elgin in Edgewater, we 23 opened for sales on Saturday and there were 24 people waiting in line on the Wednesday night Depo Court Reporting Service ( 630 ) 983-0030 48 1 before, so there is a very large demand . 2 And as I ' ve said already, I ' ve 3 gotten phone calls , I ' ve gotten emails , I ' m sure 4 you can talk to Liz D ' Anna, she has fielded many, 5 many phones call from people who want to know 6 when they can move in . 7 I think it will be better for 8 Yorkville in terms of being able to attract more 9 retail . 10 I think there is re -- Retail 11 is coming into Yorkville right now and they are 12 just -- this is going to be the beautiful thing 13 that helps put everything over the edge . 14 MR . JAMES : So there are people 15 basically contacting you already? 16 MR . CUDNEY : Right . And it goes 17 into a lead bank, and they have contacted their 18 alderman already and said that they are in 19 support of the project . 20 MR . JAMES : So I guess -- you know, 21 I ' ve had people ask me . So how do I direct them 22 to you? 23 MR . CUDNEY : Okay . I ' ll give you 24 my phone number . And you know what? I don ' t Depo Court Reporting Service ( 630 ) 983-0030 49 1 know that they have set up anything 2 specifically . 3 What we try and do is -- They 4 haven ' t set up anything specifically where people 5 can actually call in directly at this point 6 because we haven ' t approved the project and we 7 don ' t want to put the cart before the horse . 8 I know a lot of other 9 developers that have gotten in trouble that are 10 advertising without having gotten approval . 11 I can get their information, 12 direct them where to get the right information , 13 and my direct line at the office is 847-841-3583 . 14 Need that again? 15 MR . GRAFF : Don ' t worry, I ' ll give 16 it out . 17 MAYOR PROCHASKA : Is there anyone 18 else on the Council that would like to make a 19 statement? 20 MS . SPEARS : He might want to repeat 21 his name for the people . 22 MR . CUDNEY : My name is Matt 23 Cudney . That ' s C-U-D-N-E-Y . My number is 24 847-841-3583 . Depo Court Reporting Service ( 630 ) 983-0030 50 1 MS . OHARE : Changing your number 2 tomorrow? 3 MR . CUDNEY : It ' s always great to 4 talk to people and, you know, I think that a lot 5 of the concerns that people have brought up are 6 valid concerns and I think are concerns that we 7 have heard in almost every new community that we 8 have started out in because it is something that 9 is completely different than what most people 10 have ever seen before , so the questions are all 11 good . The questions are all right on target . 12 The only thing that I can take 13 in is that , you know, this is a different type of 14 development than your traditional family-type 15 neighborhood with, you know, two stories and big 16 lots and lots of kids , and we ' ve been doing this 17 for 30 years now and this is -- these are things 18 that we have seen work in every place in the 19 country, and so we ' re not asking for anything 20 more , not asking for anything less , just going 21 with what we know and what we know best , and. 22 that ' s about all that I can say about that , and 23 they are very good questions and they are 24 questions that are right on, and we ' ve heard Depo Court Reporting Service ( 630 ) 983-0030 51 1 these questions at almost every place we have 2 gone in, so I commend you for doing your 3 homework . If you haven ' t taken a look at the 4 community, do so . 5 MAYOR PROCHASKA : Anyone else? 6 (No Response ) 7 MAYOR PROCHASKA : I would like to 8 say thank you . I have visited two of the 9 communities , the Sun City and the one in Elgin . 10 I did have an opportunity to 11 talk to a couple of the residents , I got a little 12 input from them on their thoughts , and they 13 seemed very pleased with where they lived, and I 14 did make a point to go into the neighborhoods . 15 One of the things that -- a 16 question I have for you, I ' ve heard this several 17 times and I want to make sure we are talking 18 about the same thing, is the reduced 19 right-of-ways , that are we talking about reducing 20 the actual street width? 21 MR . CUDNEY : And that ' s a very good 22 point . We are not talking about reducing the 23 street widths , except I believe in the area of 24 the duplexes . Depo Court Reporting Service ( 630 ) 983-0030 52 1 MR. STUEPFERT : No . 2 MR. CUDNEY : Not even there? Not 3 even there . So we are not reducing the amount of 4 pavement that we are putting down, we are 5 reducing the right-of-way and the parkways , so 6 the streets themselves are not smaller, but , you 7 know, it ' s a real good point in terms of the way 8 the right-of-ways are , you have a lot of -- lot 9 of area that ' s there that is not necessarily part 10 of the street itself . 11 Oftentimes in your right-of-way 12 you run some utilities , and we do have utility 13 easements that are there , so in terms of actually 14 developing the property and actually having the 15 City have access to these different things , there 16 is not an issue with that . That ' s all part of 17 the plan . 18 MAYOR PROCHASKA : And then the only 19 other thing I just wanted to make a point of, I 20 was contacted by the Superintendent of Schools 21 and I believe they are having their attorneys 22 look at the language dealing with the fee 23 structure for especially the Del Webb area . 24 I believe , you know, that ' s Depo Court Reporting Service ( 630 ) 983-0030 53 1 something that ' s been talked about for many 2 years , especially when it comes to age 3 restricted, so I suspect we ' ll see some -- some 4 letter or some kind of comment that comes . 5 That ' s what I ' ve been told . So that may come 6 before this gets passed also . 7 Other than that , does anyone 8 else have any other comments ? 9 MS . SPEARS : Is this going to have 10 fire district fees listed in here as well? 11 MAYOR PROCHASKA : I think they said 12 individually . I believe , John, did we say all 13 the fees? 14 MR . WYETH : Under ordinance or 15 specifically . I will double-check . 16 MR . CUDNEY : A thousand dollars is 17 the impact fee . 18 MAYOR PROCHASKA : It needs to be -- 19 good point . 20 MR . GRAFF : We will introduce an 21 exhibit that will be in your box now that we have 22 the numbers which will have all the fees . 23 MAYOR PROCHASKA : And that will be 24 one of the exhibits that will be attached to Depo Court Reporting Service ( 630 ) 983-0030 54 1 this ? 2 MR . CUDNEY : Correct . 3 MR . GRAFF : We will do that for you . 4 MAYOR PROCHASKA: Okay . If there is 5 no other questions , I would entertain a motion to 6 close the public hearing . 7 MS . SPEARS : So moved . 8 MS . OHARE : Second . 9 MAYOR PROCHASKA : Moved and 10 seconded . May I have roll call , please? 11 MS . MILSCHEWSKI : Burd . 12 MS . BURD : Aye . 13 MS . MILSCHEWSKI : James . 14 MR . JAMES : Aye . 15 MS . MILSCHEWSKI : Leslie . 16 MR . LESLIE : Aye . 17 MS . MILSCHEWSKI : Munns . 18 MR . MUNNS : Aye . 19 MS . MILSCHEWSKI : Ohare . 20 MS . OHARE : Aye . 21 MS . MILSCHEWSKI : Spears . 22 MS . SPEARS : Aye . 23 MS . MILSCHEWSKI : Wolfer . 24 MR . WOLFER : Aye . Depo Court Reporting Service ( 630 ) 983-0030 55 1 MS . MILSCHEWSKI : Besco . 2 MR. BESCO : Aye . 3 MAYOR PROCHASKA : Motion is carried . 4 We are now out of public hearing . 5 (Which were all the 6 public hearing 7 proceedings had at 8 the date and time 9 aforementioned . ) 10 ---000--- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 56 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M . VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and I1 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 ---- _ J a-21-46&?) , 2005 . 17 18 1920 cVZJ'� L /10 CHRISTINE M . 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'N` & - Committee September 13, 2005 above-entitled[i] 1:7 24:19 balance[1] 10:22 -&- Absolutely[z] 34:19 amenity[3) 16:3 23:10 bank[1] 48:17 -C- &[z) 2:15 9:8 44:12 40:20 based[�) 40:2 C[�] 2:14 access[3] 16:8 40:18 amount[z] 19:4 52:3 baseline[1] 31:21 C-U-D-N-E-Y[1] 52:15 amounts[1] 32:22 -0- Bay[z] 14:17 15:1 49:23 acre[4] 14:11 26:10 27:1 ANN[I] 2:10 bears[1] 11:11 C.S.R[z] 1:8 56:20 084-002883[1] 56:21 27:2 annex[2] 3:7 7:14 acres[s) 3:14 5:3,12 7:23 beaten[1] 35:5 calls[3] 21:18 40:3 48:3 a -1- • cres annexation[ii] 3:11 5:2 beautiful[2] 35:15 48:12 calming[1] 36:12 10:23 5:15 7:20 11:3,8,11,15,18 Beecher[1] 31:22 cannot[z] 25:4,7 1.8[i] 25:20 active[1] 26:5 11:20 29:11 183[1] 26:18 actively[2] 28:3 46:23 annexed[i] 10:8 begs[1] 47:4 car[z] 39:14 47:12 activities[z] 23:13,13 answer[s] 5:19 11:19 behalf[1] 2:17 care[i] 31:17 -2- actual[z] 26:5 51:20 12:7 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agenda[2] 3:3 7:10 assessment[3) 24:17,18 bring[1] 20:12 Chuck[1] 9:7 41:13,18 aging[1] 29:21 40:24 Bristol[3] 3:16 7:24 city[3o] 1:1,2,10 2:11,12 587[i] 7:23 agreement[s] 3:12 7:21 association[1] 38:24 14:17 2:17 3:7,9 4:23 5:8,14 6:3 11:8,11,15,18,20 29:11 attached[z] 38:14 53:24 BROMBEREK[i] 7:14,16 9:4,17 11:16 -6- Agricultural[3] 3:8,9 attorney[z) 4:20 5:23 2:15 12:16 20:2 21:16 32:19 7:15 33:6 34:5 35:4,20 38:3 60[1] 41:18 ahead[1] 23:22 attorneys[1] 52:21 brought[3] 35:4,21 50:5 39:21 44:6 51:9 52:15 60563[1] 2:16 aid[z] 29:20 31:19 attract[1] 48:8 buffers[1] 16:14 classic[i] 38:18 alderman uo) 2:3,4,5,6 audience[2) 5:22 21:20 build[1] 47:2 classification[2] 5:17 -7- 2:7,8,9 29:14 35:3 48:18 Autumn[i) 11:14 building[3] 42:20 47:16 5:18 Alderwoman[1] 2:10 available[2] 20:24 44:17 47:20 7:00[1] 1:9Clerk[i] 2:12 built[�] 44:3 Allegiance[1] 3:1 Avenue[1] 2:15 close[s] 6:10 28:13 37:22 allocate[2] 44:24 45:2 average[4] 25:19 38:11 bunch[1] 25:11 38:1 54:6 -8- Burd[i i) 2:5 3:24 4:1 clubs[i] 23:13 allocated[1] 44:7 38:12,13 8-26-05[1] 11:12 6:13,17,18 8:10,11 35:3 coining[3] 33:17 46:12 away[i] 35:20 800[2) 1:10 46:10 allow[2] 22:18,18 54:11,12 48:11 allowed[3) 41:5,20,22Aye[32] 3:23 4:1,3,5,7,9 bd uren[i] 42:19 811 [1] 26:154:11,13 6:18,20,22,24 7:2 commend[�) 51:2 847-841-3583[2] allowing[1] 40:1 7:4,6,8 8:9,11,13,15,17 business[2] 7:19 56:6 comment[s] 11:18 29:10 49:13,24 allows[1) 28:19 8:19,21,23 54:12,14,16 buyer[9] 13:1,2,10,10,16 43:2 45:6 53:4 almost[4] 26:21,21 50:7 54:18,20,22,24 55:2 13:21 17:6,13 19:7 comments[s] 5:24 6:4 -A- 51:1 buyer's[2] 13:24 14:1 14:12 19:18 29:14 30:23 along[11] 14:19 16:14,15 -B- buyers[1] 16:11 42:23 53:8 A-1 [3] 3:8,9 7:15 16:15,22 31:18,21,21,24 commercial[3) 10:22 able[s) 5:13 34:1240:19 34:8,9 B-3[6) 7:19 10:21 14:19 B 12Y 1 [6] 9:3,6,7 10:1,3 3 14:5 15:3 14:20,22,23 41:10 48:8 always[1] 50:3 Commission[z] 11:1,2 above[i] 32:14 amenities[2] 17:22 back-up[1] 43:10 Committee[3] 20:9,11 Depo Court Reporting Service Index Page 1 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page` communities -generates September 13, 2005 28:15 23:9 24:21 29:16 31:10 developing[i] 52:14 Edgewater[i] 47:22 family-type[i] 50:14 communities[13] 15:5 33:3 34:5 45:12 46:3 development[20] 7:17 effective u] 27:18 far[i] 30:17 15:16,22 18:7 27:18 28:3 47:21 51:11 7:21 10:18 11:5,22 16:7 effort[1] 30:24 Farm[1] 1:10 28:16 39:10 40:10 45:20 course[2] 35:6,11 18:4 20:11,20 27:4 28:15 either[i] 24:13 fast[i] 18:24 47:7,10 51:9 31:17 32:4,15 35:13,14 court[�] 9:19 m community[40] 5:10,11 credits[1] 25:11 37:10,12 40:18 50:14 Elgin[a] 45:9,10 47:22 federal[i] 41:9 10:14,20 13:12,14,18 developments[7] 17:11 51:9 fee[z] 52:22 53:17 Creek[i] 11:14 eligible[1] 32:18 15:15 17:18,21 18:16,24 21:10 34:6,15,21 42:11 g feeling[1] 18:9 19:13 20:24 22:19 23:9 cross-examine[I] 5:22 44:5 email[i] 35:20 fees[a] 46:12 53:10,13 23:16 24:3 25:3 26:5,6 CSR m 56:21 devices[i] 36:12 emails[2] 21:18 48:3 53:22 28:4,7,21,24 31:10 35:11 Cudney[40] 12:2 19:21 difference[2] 25:24 emergency m 16:8 felt[1] 5:7 35:15 37:2,4 40:7,23 44:7 20:1,4,4 31:4 34:19 35:23 26:13 emphasize[i] 20:15 few[a] 19:22 30:24 41:1 45:24 46:6,17,24 47:22 36:2,8,21 37:12,16,19 50:7 51:4 38:6,13,17,22 39:3,8 40:5 different[z2] 16:6,11 EMS[2] 30:11 33:4 47:8 18:24 20:9 21:12 22:19 fewer m 27:6 Comp[1] 17:4 40:20 41:2,8,23 42:3 44:9 enclaves[1] 16:6 22:23 23:9,14 25:24 27:24 companies[1] 10:6 44:12 45:10 46:20 47:19 28:14 31:10 33:5 36:10 encourage[2] 19:12 fielded[1] 48:4 48:16,23 49:22,23 50:3 20:18 Fifth[i] 2:15 comparing[1] 26:4 51:21 52:2 53:16 54:2 37:1,3 40:14 47:21 50:9 completely[2] 21:11 50:13 52:15 engine[i] 28:17 figure[2] 22:14 34:8 50:9 cul-de-sacs[z] 19:4 difficult[z] 21:7 31:14 engineer[3] 29:5 35:20 finance[1] 24:11 43:6 36:4 compliance[2] 14:3,8 curious[1] 47:15 direct[6] 12:8 24:21 finding[1] 30:20 Comprehensive[3] 27:21 48:21 49:12,13 Engineering[I] 12:7 fine[a] 9:24 10:1 29:24 14:4,13 22:7 current[3] 5:4,17,18 directly[4] 3:14 27:23 engineers[1] 12:6 41:2 curves[3] 36:6,9,12 35:6 49:5 concept[2] 15:2,12 entertain[4] 3:4 6:10 finished[i] 25:12 conceptualize[1] 35:2 curving[i] 19:2 director[i] 23:12 11:17 54:5 fire[2] 33:8 53:10 concerned[6] 18:2 23:3 custom[2] 9:15,18 discussed[1] 11:9 entry[a] 15:13,14 16:7 firm[I] 9:7 23:4,5,7 40:3 discussing[1] 44:14 16:21 first 0.2] 3:5 10:11 12:19 concerns[5] 30:17 33:7 -D- discussions[3] 31:6 entryway[1] 16:18 14:4 19:19 20:14 31:3 50:5,6,6 D'Anna[1] 48:4 32:5 39:20 especially[3] 43:21 34:9,18 43:2 47:17 56:4 conclude[1] 11:4 D-771305 m 1:21 disposable[i] 42:21 52:23 53:2 fiscal[1] 25:12 confess[i] 38:6 date[3] 11:12 35:23 55:8 distinct[z] 16:6,23 establishment[1] 30:2 Fister[2] 4:18,19 consistent[s] 14:12,20 deal[1] 23:24 district[13] 3:6,10,15 5:2 estimating[1] 38:11 fits[i] 42:9 15:6 17:4 22:6 dealing m 52:22 5:23 7:18,19,19 10:18,22 evening[1] 12:19 fitting m15:4 26:23 47:3 53:10 consisting[i] 7:17 everybody[1] 27:16 five[2] 35:12 42:18 consists[2] 3:13 7:22 DEAN[i] 2:6 doesn't[3] 17:13,14 18:8 everywhere m16:16 flexibili decides[1] 41:19 ty[ ] 27:14 consolidated[i] 30:11 decision[i] 44:18 dollar[i] 32:22 exactly[i] 44:6 floor[1] 19:20 constraints[1] 30:18dollars[2] 44:19 53:16 example[1] 22:17 flows[2] 35:3,12 decrease[2] 27:7,8 done[6] 20:17 21:8 23:1 consumers[1] 28:13 examples[i] 26:24 focus[2] 22:11,11 dedicated[1] 46:1 27:24 32:15 34:22 contacted[2] 48:17 defer[2] 4:19 45:3 double-check[i] 53:15 except[�] 51:23 follows[4] 4:24 9:5 52:20 exceptions[1] 22:9 12:17 20:3 contactin [1] 48:15 Del[32] 9:9 10:19 12:3 Douglas[i] 9:8 g 13:4,12 15:12 18:6 20:5 exciting[1] 12:22 foregoing[2] 56:9,10 contains[1] 56:12 20:21 22:13,22,23 23:6,8 down[6] 5:10 14:5 16:18 excuse[1] 12:13 formal[1] 29:3 ' continues[1] 44:16 24:4 25:14 26:15,19 27:17 18:8 24:14 52:4 downsize[a] 21:3 23:23 executed[i] 11:16 forward[i] 5:2 contract[i] 9:10 28:2,4,12,15,22 31:8,9 exhibit[z] 14:15 53:21 found m33:15 39:10 40:10 43:6 45:7 24:6,12 control[2] 15:18 32:23 46:24 52:23 draft[z] 11:10,12 exhibits[i] 53:24 four[2] 9:13 42:18 conventional[3] 10:13 demand[i] 48:1 dramatic[1] 15:13 existing[3] 3:15 5:4,13 front[i] 18:14 10:15 30:4 expansion[2] 5:9,11 funding corner[2] 7:23 14:6 dense[2] 18:6 26:18 drive[5] 15:22 16:2,16 P g(3] 43:3 45:1,2 density[s] 14:10 26:8 18:12 39:15 experience[i] 23:1 funds[2] 44:1,2 Corporation(a] 7:12 26:10,17 27:1 driveway[i] 42:18 experiencing[i] 39:21 future[a] 5:9,10,12,13 9:9,9 10:15 correct[6] 38:24 39:3 department[5] 33:9,9 driving[2] 30:13 42:19 extension[1] 31:21 43:13 44:2 45:2 42:3,3 54:2 56:11 duly[i] 56:4 -G cost[a] 27:18 38:12,12 design[1] 36:9 duplexes[2] 38:14 51:24 -F- Galena[3] 7:24 16:15 38:13 designed[i] 19:6 F[1] 2:2 31:24 Council[ii] 1:1 4:23 6:3 desire[i] 23:21 -E- Game 1:10 9:4,18 12:16 20:2 43:21 detached[2] 15:3 22:5 face[1] 40:6 [i] 43:24 45:3 49:18 detail[1] 16:13 E[4] 2:1,1,14,14 facilities[2] 40:13,14 garage[1] 47:12 Counsel[1] 9:23 developed[3] 10:13,14 easements[i] 52:13 facility[3] 3:11 5:5 44:3 garages[1] 39:14 country[s] 13:4,8 15:11 10:19 P East m2:15 fact[2] 23:15 37:1 Gardner[1] 9:8 15:16 19:14 22:21 23:2 developer[3] 29:20 30:7 easy[1] 34:16 fair[a] 10:2 19:4 29:19 geared[2] 25:18 40:14 50:19 32:6 economic[a] 20:10 32:11 General[1] 7:18 County[5] 3:8,16 7:15 developers[2] 44:20 28:15,16 42:20 Fairly[i] 5:1 generated[3] 25:17 27:3 8:1 56:2 49:9 EDC[2] 29:16 30:23 false[i] 35:7 44:20 couple[12] 20:15 22:23 edge[i] 48:13 familiar[1] 11:13 generates[i] 42:22 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Pagerm generating -N September 13, 2005 generating[1] 25:11 hours[1] 27:14 itself[4] 28:4,6 47:3 lifestyle[5] 17:18,21 mechanism[1] 43:3 genre[1] 42:12 houses[2] 37:22 42:16 52:10 23:5,7,8 meet[1] 22:4 gentlemen[1] 29:9 housing[3] 10:16 21:2 limited[1] 10:5 meeting[4] 1:1,6 9:20 geriatric[1] 30:19 23:4 -J- limits[1] 5:8 44:13 Huntley[a] 16:1,22 line[2] 47:24 49:13given[1] 33:7 JAC UELYN[1l 2:12meetings[6] 20:9,10,11 God[1] 38:4 18:11 45:9 James[13] 2:3 4:2,3 6:19 list[1] 36:19 33:5 39:19 47:21 goes[1] 48:16 6:20 8:12,13 45:23 47:5 listed[1] 53:10 mentioned[2] 17:13 golf[2] 35:6,10 -I- 48:14,20 54:13,14 live[14] 21:3,15,23 25:5 47:21 gone[2] 29:16 51:2 idea[2] 45:4,21 Jason[3] 2:4 19:19 43:14 25:7 28:2,12,21 34:11 mentioning[1] 15:9 good[12] 12:19 13:13 identified[2] 10:3,4 job[1] 21:8 41:6,14,15 45:18 46:23 mentors[1] 47:1 21:8 28:8,12 45:4,21 identify[2] 32:20,20 Joe[1] 42:24 lived[1] 51:13 met[1] 36:21 50:11,23 51:21 52:7 53:19 Illinois[s] 1:2,11 2:16 John[2] 2:16 53:12 living[2] 38:2 40:17 mid-200's[1] 38:18 Grade[1] 14:21 2:17 3:17 8:1 56:1,7 JOSEPH[1] 2:9 Liz[1] 48:4 middle[1] 43:15 GRAFF[4] 2:11 49:15 imagine[1] 33:13 justification[1] 17:12 LLC[3] 7:12,13,13 might[s] 9:13,14 22:21 53:20 54:3 immediately[2] 5:4,5 JUSTIN[1] 2:16 loaded[1] 15:19 40:5 49:20 grandchild[1] 41:19 impact[6] 25:2,12 26:23 long-term[1] 28:19 MILSCHEWSKI[33] Grande[1] 33:14 46:10,11 53:17 -K- longer[1] 27:12 2:12 3:22,24 4:2,4,6,8,10 4:12 6:17,19,21,23 7:1,3 grandkids[2] 24:2 25:6 important m 28:19 keen[1] 42:16 look[10] 11:23 16:23 7:5,7 8:8,10,12,14,16,18 great[4] 16:17 40:15 47:2 30:20,21 31:22 33:22 25:16 26:14,20 31:15 8:20,22 54:11,13,15,17 50:3 34:22 46:16 keep[5] 19:12 20:7 24:17 34:21 35:1 51:3 52:22 54:19,21,23 55:1 GREGG[1] 4:22 importantly 1 P y[ ] 23:15 31:11 38:8Kendall[4] 3:8,16 7:15 looked[2] 37:2,4 mind[2] 19:12 38:9 gross[1] 14:10 impressive[1] 16:21 7:24 looking[7] 13:17 17:17 minds[1] 20:21 group[1] 33:16 improvement[1] 30:3 y[ 17:18,20 20:19 22:9 27:2 key 1] 18:3 looks[4] 11:13 18:6 mindset[1] 20:19 gr owth[1] 28:17 improvements[s] kids[4] 17:19,20 42:18 mirror[1] 5:17 31:16,18,20,24 32:3 30:14 45:7 guess[4] 31:2 45:3 47:5 50:16 MLH[1] 7:13 48:20 included[2] 32:21,23 loop[1] 15:19 kind[6] 20:15,19 23:3,4 money[1] 43:23 includes[1] 25:22 32:19 53:4 lost[5] 30:16 33:13,14 ey income[1] 42:21 34:10 43:16monthly[3] 24:14,15,17 -H- knowing[1] 33:22 lots[6] 15:19 17:7 18:2 Moose[1] 28:9 increase[1] 24:24 hand[1] 56:15 37:24 50:16,16 mortgage[1] 24:9 handed[1] 26:2 increased[1] 18:13 -L- low[4] 24:15,17,18 38:15 most[6] 23:15 27:12 39:9 individual[1] 41:5 hard[1] 35:140:9 47:7 50:9 individually[z] 9:16 L[1] 9:3 lowered[1) 26:11 hear[3] 12:24 13:22 38:4 laid[1] 34:1 motion[7] 3:4 4:14 6:10 53:12 hearths] 30:10,23 50:7 lakes[1] 16:3 -M- 7:9 8:24 54:5 55:3 individuals[1] 39:2 land[1] 12:11 50:24 51:16 motive[1] 29:23 information[2] 49:11 M[3] 1:8 56:4,20 hearing[18] 3:5,11 4:15 landscaping[7] 16:15 move[s] 21:21 41:20 4912 P g maintain[s] 17:14,15 6:2,11 7:11,11,20 9:12 16:20 17:16 18:13,13 32:8 42:2 45:19 48:6 11:7,8 29:13 32:5 54:6 infrastructure[2] 27:19 17:15 21:9 29:22 35:13 moved[s] 3:18,20 6:12 55:4,6 56:9,13 32:9 maintaining[1] 39:1 6:15 8:4,6 54:7,9 1NGEMUNSON[3] language[1] 52:22 maintenance[4] 17:8 hearings[2] 3:3 11:1 moves[1] 30:19 HEITZ[1] 2:15 4:22 5:1 6:8 large[2] 24:9 48:1 23:16 27:19 42:13 input[1] 51:12 largely[1] 11:14 market[2] 28:21 31:12 moving[1] 18:23 help[1] 16:23 LASALLE[1] 56:2 mowing[1] 23:17 insight[1] 30:7 married[1] 41:13 helping[1] 46:17 insofar[1] 30:10 last[1] 44:13 M 2] 2:7 42:6 MPLIV 10[1] 7:12 helps[1] 48:13 '[ MPLIV20[1] 7:12 hereunto[1] 56:14 installation[1] 30:3 Lastly[1] 18:17 Matt[s] 12:2,10,11 13:14 instead[2] 43:23 44:1 law[1] 41:9 19:21 20:1,4 49:22 MS[87] 2:5,8,10,12 3:18 Hi[1] 20:4 3:22,24 4:1,2,3,4,6,8,9,10 intended Di 11:22 lawn[1] 29:22 . matter[1] 1:7 4:11,126:12,13,14,17,18 high[1] 38:19 lawns[1) 23:17 maximum[1] 26:11 6:19,21,23 7:1,2,3,4,5,7 Hill[1] 30:15 intentional[3] 15:21 16:3,4 lawyer[1] 9:7 may[14] 3:21 6:16 8:7 8:4,5,8,10,11,12,14,16,18 home[14] 7:12 9:9 10:15 interconnections[1] lead[1] 48:17 11:19 21:14 25:5 29:22 8:19,20,21,22 35:17,19 24:5,7,13 25:20 28:14 33:19 35:6 38:8 41:12,13 44:18 36:1,7,18 37:6,13,18,21 38:11,12,13 41:6,11 47:17 least[1] 20:20 53:5 54:10 38:10,16,20,23 39:4,18 homes[22] 18:3,5,7,9 interested[z] 11:21 legitimate[1] 32:12 Ma of 40:12 41:1,4,17 42:1,4 24:12 25:18,22 26:13,16 21:23 Leslie[14] 2:4 4:4,5 6:213' [3s] 2:2 3:2,20 43:18,20 44:10 45:5,6,11 26:16,19 27:6 35:14 37:23 internally[1] 44:18 6:22 8:14,15 19:18 29:14 4:148:6,24 5:21 6:2,6,9,157 10:3 9 49:20 50:1 53:9 54:7,8,11 38:21 39:14 40:8 42:13 introduce 1 53:20 29:15 34:17 35:16 54:15 :7,1 31: 135: 1 37:5 54:12,13,15,17,19,20,21 [ ] 29:7,13 31:2 35:18 46:10 47:8,8,11 involvement[1] 28:7 54:16 42:6,24 43:17,19 45:22 54:22,23 55:1 homework[1] 51:3 issue[6] 34:4,5 39:5 less[7] 17:7 26:18 42:15 49:17 51:5,7 52:18 53:11 Munns[10] 2:7 4:6,7 hope[3] 11:4 33:1 34:17 40:11 47:9 52:16 42:16,17,19 50:20 53:18,23 54:4,9 55:3 6:23,24 8:16,17 42:8 hopefully[z] 18:1,10 issues[2] 35:21 44:15 letter[4] 35:20,24 36:3 meadows[2] 15:1 30:12 54:17,18 horse[1] 49:7 item[1] 30:1 53:4 mean[1] 16:19 _ hour[1] 1:9 items[3] 11:9 15:12 30:9 liability[1] 10:5 means[1] 42:17 -N License[1] 56:21 N[2] 2:1,14 Depo Court Reporting Service Index Page 3 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page'M name - represent September 13, 2005 name[4) 9:6 29:18 49:21 45:6,9,10,11 47:12 51:9 per[s] 14:11 26:10,12 pretty[i] 29:2 qualify[i] 45:12 49:22 51:15 53:24 27:1,1 pricing[2] 24:5,11 quality[i) 13:11 Naperville[1] 2:16 One-Family[1] 7:17 percent[4] 28:2,11 44:7 prides[I] 28:6 questions[17] 5:20,20 near[i] 45:9 ones[2] 37:20 40:22 46:22 primarily[1] 22:10 5:24 6:4 11:19 12:7 19:10 neat[3) 12:23,24 13:1 open[3] 20:21 35:7 40:16 Percentage[1] 46:22 • 29:4,6,9 37:7 50:10,11,23 necessarily[2) 21:14 opened[2) 47:22,23 perfect[i) 22:16 PnmarY[z) 3:16117 43:3 50:24 51:1 54:5 P private[i) 43:1) 52:9 opinion[i) 44:4 perfectly[i) 42:9 quick[i] 15:8 Pproblem pi 47:13 � need[4] 22:13 44:23 45:4 opportunity[2] 21:2 perhaps[2] 23:14 32:14 problems[i) 39:20 quickly[ ] 18:23 49:14 51:10 personal[1] 44:4 quite[3] 5:3 20:6 33:14 proceedings[4] 1:6 55:7 needs[8] 5:12,14 13:10 order[3) 24:18 25:7 41:15 personally[2] 21:15 56:9,13 14:1 17:7 37:2 44:11 ordinance[5] 22:17 43:9 -R- 53:18 _53:18 process[i) 11:4 25:21 39:22 40:2 53:14 petitioner[3] 3:12 7:21 PROCHASKA[34] 2:2 R[2] 2:1,14 neighbor[i) 38:3 ordinances[1] 22:18 8:3 neighborhood[3] 14:83:2,20 4:14 5:21 6:2,6,9 R-2[2] 7:17 10:11 gorganizes[1] 23:13 petitioners[2] 3:6 7:13 6:15 7:9 8:6,24 9:17 19:19 R-3[3] 7:18 10:17 11:6 33:23 50:15 Phil[s) 12:3,12,13,15,18 29:7,13 31:2 35:18 37:5 neighborhoods[2] outside[2] 28:4 46:24 42:6,24 43:17,19 45:22 R.P.R[1] 1:8 35:10 51:14 outstanding[2] 46:2,14 phone[3] 21:17 48:3,24 49:17 51:5,7 52:18 53:11 ranch[7] 18:3,7 25:18 new[3] 33:12 44:3 50:7 overall[i) 14:10 phones[1] 48:5 53:18,23 54:4,9 55:3 38:12,21,22,23 next[4] 3:2 7:10 25:13 own[2] 23:20 32:10 physical[1] 30:17 product[1] 23:3 re[1] 48:10 35:10 owned[2] 5:2 10:5 place[s] 21:4 28:23 44:6 products[i] 13:6 real[5] 3:13 7:22 15:8 nice[6] 15:23 16:20 18:11 ownershi [1] 10:4 50:18 51:1 28:24 52:7 P Plainfield[z) 37:11,14 professionally[1] 18:15 42:19 45:24 45:13 realize[2] 9:20 11:9 night[3) 11:5 43:15 47:24 _ plan[is] 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7:22 9:11 10:4,7,8 received[3) 11:15 21:17 35:2 41:12 48:11 50:17parks[2] 44:1 45:1 playing[2] 24:2,2 10:23 11:3,4,11,23 14:5 21:18 53:21 55:4 pleased[2] 45:15 51:13 25:1 52:14 receiving[1] 25:13 number[6] 27:6 30:1 parkways[i) 52:5 42:9 48:24 49:23 50:1 part[3) 40:23 52:9,16 pleasing[1] 16:1 proportional[i] 27:23 recently[3] 11:15,16 numbers[1] 53:22 part-time[i] 27:13 pleasure[i] 12:20 provide[4] 24:10,18 43:20 particular[7] 25:1 26:8 Pledge[i] 3:1 28:16 34:2 recognized[z] 28:9,10 _ 29:10 31:7,16 33:16,16 plenty[i] 39:13 provided[�] 26:24 recognizes[1] 37:1 -� particularly[2] 34:14 plowed[i) 30:18 provides[2] 21:1 23:9 recommended[i) 11:2 oath[i] 56:5 44:15 plowing[4] 30:17 33:5 prudent[1] 5:8 record[1] 11:10 observation[1] 43:5 passed[i] 53:6 43:11,15 public[19] 3:3,4 4:15 reduce[1] 40:4 obviously[2] 17:20 19:9 past[1] 21:7 plus[1] 28:24 6:10 7:11 9:12,20 11:1,8 reduced[s] 18:5,18 1off[3] 20:14,19 35:5 path[1] 35:5 point[10] 26:12 27:12 43:13 22:126 29:4: , 3 6: 39:12,23 51:18 P43:13 54:6 55:4,6 56:9,13 reduci offer pi) 23:5 Paul[2] 2:3 45:22 29:17,19 49:5 51:14,22 pup [3] 10:20 22:16,17 g[a ] 51:19,22 office[1] 49:13 pavement[1) 52:4 52:7,19 53:19 52:3,5 n pull[1] 15:8 reductions[i) 17:24 oftentimes[3] 33:12,13 pay[3) 24:13 32:7 46:17 Police[i] 33:9 52:11 population[10] 25:20 Pulte[6] 7:12 9:8 10:15 region[2] 32:3,17 Ohare[21] 2:8 3:18 4:8,9 paying[2] 32:9 40:22 26:1,20 27:4 29:22 30:19 12:3 20:5 22:2 regional[I] 32:2 6:14 7:1,2 8:4,18,19 35:17 payment[2] 24:14,15 31:12 42:15,17 44:16 purchase[3] 25:8 41:6 regular[i] 25:22 35:19 36:1,7,18 45:6,11 Peak[1] 27:11 [i) 25:17 41:11 populations remain[i] 28:20 50:1 54:8,19,20 pedestrian[1] 18:20 portion[10] 9:11 11:6 purchasers[1] 9:10 remember[1] 29:17 Old[1] 41:18 people[60] 18:21 21:1,2 20:21 22:2,13 25:14 26:15 purpose[1) 7:11 21:16,18,19,22 22:13 23:6 31:8,9 43:7 purposes[i) 16:8 reminds[1] 38:2 older[s) 21:1 25:9,19 PSP 30:18 41:10 24:6,12,19 25:4,19,20,23 possible[i) 24:18 pursuant[i] 11:1 reminiscent[1] 30:15 27 on-street[3) 39:6,10,21 26:12,21,22,1 ,14,21 32:6 possibly[2) 41:19 46:9 put[4) 23:3 46:16 48:13 removal[z] 23:18 30:19 28:2,8,10,11,14,21 P y P 49:7 repeat[1] 49:20 once[i] 19:6 33:8,13,17,23,24 34:11 premier[i] 38:19 one[30] 3:5 10:21 15:17 34:14,16,20 36:13 38:8 presence[1] 16:23 putting[3] 32:8 46:18 REPORT[i] 1:6 16:7 22:24 23:6,10 24:8 40:8,9,9,21 41:12 42:2 presentation[3] 4:16 52:4 reported[1] 56:8 24:23 26:14 31:4,11,14 45:12,18,18,19 46:22 15:14 29:3 reporter[2] 9:19 56:6 33:18 37:13,15,16 39:11 47:24 48:5,14,21 49:4,21 presently[2] 21:3,23 -Q- represent[i) 9:8 39:19 40:1 42:9 43:18 50:4,5,9 Depo Court Reporting Service Index Page 4 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Pagelm represents - up September 13, 2005 represents[1] 12:3 secondary m 16:8 sneezes[1] 38:3 12:18,18 19:21 52:1 tonight[5] 20:7 21:20 reputation[1] 13:12 seconded[4] 3:21 6:16 snow[2] 23:17 30:19 stuff[1] 47:6 22:11,12 28:9 request[a] 3:7 7:13 8:7 54:10 snowplow[1] 43:8 subdivision[1] 33:12 tonight`s[1] 11:7 23:14 40:4 Secondly[i] 17:23 snowplowing[1] 34:3 submitted[1] 11:10 TONY[I] 2:11 requested[i] 39:12 security[1] 33:22 someone[3] 9:1 41:13 suburban[1] 14:7 too[5] 16:12 18:1 42:16 requesting[1] 31:9 see[16] 14:18 15:19 16:5 41:15 such[2] 28:7 44:5 43:16 45:10 requirement[1] 41:16 16:13,24 18:11 19:3 21:24 sometime[I] 47:20 Suite[1] 2:15 took[i] 26:11 Reserve[i] 33:14 30:6 35:13,14 45:14,24 sometimes[2] 21:7top[2] 26:6,14 46:6 47:13 53:3 23:23 sums[1] 19:8 total[i] 43:7 Residence[2] 7:18,18 seeing[1] 30:5 Sun[3] 34:5 35:4 51:9 resident[1] 41:17 sorry[2] 29:17 43:20 touch[1] 19:9 seeking[4] 5:16 10:8,9Superintendent[i] residential[7] 9:10 10:20 South[2] 14:22 16:18 52:20 tour[1] 34:18 10:12,20 14:24,24 21:9 selected[1] 45:16 southeast[1] 14:6 Support[4] 40:23 44:21 toured[2] 45:8,11 30:4 space[1] 35:7 45:7 48:19 towards[2] 25:18 44:20 residents[4] 19:5 23:14 sell[1] 24:12 senior[�] 43:22 spaces[z] 39:15,15 supposed m41:10 townhomes[1] 22:5 28:20 51:11 speak[2] 8:3 9:1 surrounding[2] 15:5 Township[2] 3:16 7:24 residual[1] 27:22 seniors[7] 23:15 40:15 40:17 44:3,8,17 46:1 speakers[1i 47:1 45:20 track[1] 15:20 resource[1] 47:2 S ears[3a] 2:10 4:10,11 suspect[1] 53:3 traditional 20:20 Response[a] 6:1,5 29:12 sense[i] 35:7 P [ ] 51:6 September[z] 1:9 36:1 6:12 7:3,4 8:5,20,2] 37:6 swear[i] 9:15 26:6,16 37:4 40:7 42:10 37:13,18,21 38:10,16,20 swearing[I] 9:21 50:14 restricted[2] 43:22 53:3 serve[2] 5:11,13 38:23 39:4,18 40:12 41:1 traffic[1] 18:23 i Servce[3] 7:19 30:3 43:2 41:4,17 42:1,4 43:18,20 sworn[2] 9:23 56:5 retail[3] 28:17 48:9,10 i retire[i] 24:10 services[3] 30:11 33:4 44:10 45:5 49:20 53:9 synergy[i] 47:3 transcript[ ] 56:11 44:16 54:7,21,22 system[3] 46:11,13,18 transitional[2] 14:7 retired[2] 27:11 45:13 special[4] 3:10 13:2 30:2 26:9 rezone[2] 3:8 7:15 set[5] 13:20 16:5 49:1,4 P :2 transportation[i] 56:14 -T 31:23 right[u] 10:5 12:1 31:4 setback[i] 18:6 specific[io] 13:10,20,24' 3:10,20,24 32:1 35:2 36:7 48:11,16 16:10 17:21 29:5 30:1,7 T [1] 2:1 travel[2 ] 27:11 36:11 49:12 50:11,24 setbacks[2] 17:10 18:1 32:22 36:16 talks[i] 25:21 treatment[2] 3:10 5:5 right-of-way[3] 18:18 seven[i] 13:4 specifically[6] 11:21 tap[3] 46:24 47:1,1 trouble[1] 49:9 52:5,11 several[7] 23:2 35:21 19:6 32:4 49:2,4 53:15 target[1] 50:11 true[2] 41:6 56:10 right-of-ways[8] 18:19 36:10,21 37:6 45:8 51:16 s end[2] 22:2 24:1 targeted[i] 43:22 29:18 39:12,23,24 40:4 sewer[i] 5:12 P try[7] 22:14 24:10,17 27:5 51:199 52:8 spring[i] 47:20 tax[2] 25:11 42:22 32:23 35:2 49:3 sharper[i] 36:13 SS[1] 56:1 taxes[1] 25:1 trying[6] 21:8 22:1,15 road[6] 1:10 5:10 15:19 sheet[i] 26:2 24:5 31:11 39:22 27:9 31:21,24 SSA Di] 30:8 31:2,6,9,14 templates[i] 19:15 shop[i] 28:13 32:2,18,21,23 33:1 43:10 terms[25] 13:5 14:14 turn[2] 12:10 19:22 roads[4] 18:19,23 19:2,4 Shorewood[3] 37:17,18 roadway[i] 31:16 37:20 Staff[1] 33:6 15:8 17:24 20:11,21 27:3 turning[i] 36:6 stage[i] 15:2 27:8,8,18 29:3 31:24 two[ii] 3:3 9:13,14 26:24 roadways[1] 27:15 shortchange[i] 34:11 32:13,21,22 33:3 34:9 30:9 39:14,14,15 47:9 standards[1] 13:19 roll[4] 3:21 6:16 8:7 35:4 36:6,22 40:9 44:23 shorthand[3] 56:6,8,11 50:15 51:8 54:10 standpoint[1] 15:6 48:8 52:7,13 rolling[�] 30:12 show[2] 27:2 35:11 start[2] 47:16,19 testified[4] 4:23 9:4 '°-story DI 18:5 shows[3] 14:5,6,16 type[6] 15:20 18:24 Rose[2] 2:10 37:5 side[21 39:11 40:1 started[i] 50:8 12:16 20:2 22:19 37:2 46:6 50:13 Route[2] 7:24 31:18 starting[I] 38:17 testify[1] 21:17 typical[2] 17:10 21:9 sides[I] 15:13 run[2] 17:19 52:12 state[3] 29:24 56:1,6 testimony significant[3] 24:24 [3] 9:14 11:24 typically[1] 27:11 31:18,20 statement[1] 49:19 12:8 -S_ states[i] 23:2 thank[8] 6:6,8 9:6 19:17 _ Similar[i] 37:20 35:16 42:5 45:5 51:8 -U S[2] 2:1,14 single-family[a] 10:12 Stories[�] 50:15 g y i t themselves m52:6 under[4] 25:5 41:5 43:2 Straight safe[1] 19:1 15:3 22:5 25:22 gh [s] 5:1,15 19:3 thoughts 53:14 safer[i] 19:5 site[5] 13:5,18,20 15:9 22:4 30:15 thousand[[z] 26:21 53:16 street[6] 39:11 17 40:1understand[a] 22:14 sale[1] 47:18 32:10 29:21 30:12 31:22 situation[1] 43:10 51:20,23 52:10 three[3] 10:5,9 26:12 sales[i] 47:23 streets[41 18:8 30:16 through[13] 15:22,24 understands[1] 36:24 Six[2] 13:3 35:12 a unique Sanitary[3] 3:6,15 5:23 33:20 52:6 16:2 18:10,12 21:6 27:3 unQ [ ] 13:16 15:14 Saturday[1] 47:23 size[2] 37:20,24 streetscape[i] 18:20 29:16 30:13,23 37:23 46:5 19:13 22:3 sized[1] 23:10 47:15 unit[4] 7:16,20 10:18 says[2] 26:7 56:5 strictly[1] 44:1 26:12 Sizes[7] 17:9 18:1 21:7 throughout[4] 16:6 School[5] 26:23 46:11 29:18 37:8,9 39:5 strong[a] 13:14 15:15 18:15 21:9 22:21 United[6] 1:2 2:17 3:7,9 46:13,18 47:3 17:5 28:16 schools[5] 25:2,2 42:19 slower[i] 36:14 structure[1] 52:23 tight[i] 18:9 7:14,16 46:19 52:20 small[1] 23:19 students[1] 46:18 time-consuming[z] units[1] 14:11 SEC[2] 12:4,19 smaller[7] 17:7,9,9 37:7 studies[1] 28:1 43:8,12 Unless[ii 36:15 Second[s] 3:19 6:13,14 39:5,23 52:6 times[4] 27:12 29:16 unlike[1] 20:17 8:5 54:8 Smith[i] 12:6 Study[2] 25:12 28:1 36:22 51:17 up Raj 13:20 15:8 16:5 Stuepfert[7] 12:4,12,15 tomorrow[2] 11:5 50:2 19:8 25:12 26:10 29:2 Depo Court Reporting Service Index Page 5 Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page usage - zoning September 13, 2005 35:4,21 45:9 47:17 49:1,4 witnesses[1] 9:13 50:5 Wolfer[9] 2:6 4:12,13 usage[2] 27:7,9 7:5,6 8:22,23 54:23,24 used[11 22:21 wordy.] 12:24 uses[1] 12:11 wording[1] 43:3 using[2] 13:19 27:15 worked[11 44:11 usually[2] 39:9,13 works[4] 22:23 35:1 41:9 utilities[2] 27:8 52:12 43:13 utility[1] 52:12 worry[3] 23:17,22 49:15 wraps[11 29:2 -V- written[1] 41:9 VALERIE[11 2:5 WYETH[6] 2:15,16 4:18 9:22 10:2 53:14 valid[11 '50:6 value[2] 24:4 31:12 _Y_ variances[4] 13:23,24 22:8,18 yard[5] 17:14,15,19 various[11 40:17 18:14 42:14 village[2] 5:14 14:21 yards[2] 23:19 39:1 visit[11 25:6 years[s] 22:24 35:12 41:18 50:17 53:2 visited[1] 51:8 yield[11 19:20 vital[2] 21:2 44:15 Yorkville[32] 1:2,10 VITOSH[3] 1:8 56:4,20 2:17 3:7,9 4:23 7:13,14 volunteering[2] 28:3 7:16 9:4 12:16 13:7 16:18 46:23 17:11 19:17 20:2,13,18 vote[11 44:5 21:3,10,23 24:22 27:21 28:6 32:7 42:10,21,22 45:18 46:7 48:8,11 -w_ Yorkville-Bristol[2] wait[1] 44:4 3:6,15 waiting[3] 45:14,14 younger[1] 41:14 47:24 yourself[1] 22:22 walk[11 35:19 walking[11 18:22 _Z_ WANDA[1] 2:8 zoned[11 10:9 wanting[11 17:7 zoning[13] 5:17,18 10:13 wants[2] 14:1 36:23 11:3 13:12 14:14,19,20 water[31 3:10 15:13 14:22,23 15:6 22:4 26:9 16:20 Webb[31] 9:9 10:19 12:3 13:4 15:12 18:6 20:5,21 22:13,22,23 23:6,8 24:4 25:14 26:15,19 27:17 28:3 28:4,12,15,22 31:8,9 39:10 40:10 43:6 45:7 46:24 52:23 Webbs[1] 13:12 Wednesday[11 47:24 week[3] 25:13,14 44:14 west[3] 3:14 5:4 14:21 WHEREOF[1] 56:14 Whitehouse[1] 36:22 whole[6] 20:10 32:3,17 34:24 45:24 46:16 wide[11 18:22 width[11 51:20 widths[2] 18:18 51:23 within[5] 5:8 36:3,14 39:13 47:3 without[3] 25:2 46:18 49:10 WITNESS[1] 56:14 Depo Court Reporting Service Index Page 6 Naperville, Illinois (630) 983-0030 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,SEPTEMBER 27,2005. Mayor Prochaska called the meeting to order at 7:01 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer 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. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,October 3,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,October 20,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,October 6,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,October 13,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS Certificate of Recognition to Ian Christian Mayor Prochaska presented Ian Christian from Boy Scout Troop 71 with a Certificate of Recognition for having become an Eagle Scout. The Mayor noted that only 2%of Boy Scouts ever attain this rank and he congratulated Mr.Christian on his accomplishment. PUBLIC HEARINGS Corneils Crossing Mayor Prochaska entertained a motion to go into public hearing for the purpose of Corneils Crossing,LLC and Standard Bank&Trust Company,as Trustee,UTA dated September 15, 2003,known as Trust No. 17903,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 15.580 acres on the north side of Corneils Road,one-half mile The Minutes of the Regular Meeting of the City Council—September 27,2005—page 2 east of Route 47,Bristol Township,Kendall County,Illinois.So moved by Alderman Wolfer; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Nicola Gengler,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman Spears;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Vacation of Scott Road Mayor Prochaska entertained a motion to go into public hearing for the purpose of the vacation of Scott Road located at the northwest corner of Route 47 and Route 71 So moved by Alderman Ohare;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Please see attached Report of Proceedings taken before Nicola Gengler,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close of the public hearing. So moved by Alderman Leslie;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye, Spears-aye,Wolfer-aye,Besco-aye,Burd-aye CITIZEN COMMENTS Jim Erickson,2155 Meadowview,addressed the City Council and encouraged them to approve the Del Webb Annexation and Planked Development Agreement. He stated that he feels that this development will be a good addition to the United City of Yorkville. He commented that the Del Webb development in Huntley,Illinois looks like a vacation resort. CONSENT AGENDA 1. Treasurer's Report for July 2005 2. Resolution 2005-62—In Support for Kendall County Agricultural Conservation Easement and Farmland Protection Program-authorize the Mayor and City Clerk to execute 3. Resolution 2005-63—To Join and Support the Metro West Council of Government— approve payment in an amount not to exceed$3,500.00f om contractual services budget line item(01-110-62-00-5401)and authorize the Mayor and City Clerk to execute 4. Approval for part-time employees Bart Olson and Shirley Kubitz to work over 1000 hours per Employee Manual Section 1.4.4 5. Heartland Circle Stormwater Outfall—Bollweg Grant of Easement Agreement- authorize the Mayor and City Clerk to execute 6. Development Agreement and Rezoning for Robert and Debra Dearborn—201 S.main Street and 204 Hydraulic Avenue-authorize the Mayor and City Clerk to execute a. Ordinance 2005-76—Authorizing the Execution of the Agreement- authorize the Mayor and City Clerk to execute 7. 129 Commercial Drive-Sidewalk Agreement—authorize City Administrator to execute 8. Cannonball Run Plaza-Sidewalk Agreement—authorize City Administrator to execute 9. XPAC-Sidewalk Agreement—authorize City Administrator to execute 10. Resolution 2005-64 State Street watermain—IDOT Highway Permit and Resolution- authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—September 27,2005—page 3 11. Cannonball Estates Phase I-Letter of Credit Reduction#5—authorize reduction in an amount not to exceed$24,178.45 12. Cannonball Estates Phase II-Letter of Credit Reduction#4—authorize reduction in an amount not to exceed$57,824.63 13. Raintree Village Unit 5-Earthwork Line of Credit Reduction#1-authorize reduction in an amount not to exceed$389,802.01 14. Schoppe Design Associates,Inc.Agreement for Planning and Design Services for the Jefferson Street Project- authorize City Administrator to execute,subject to partial funding by Intergovernmental Agreement with Kendall County a. Resolution 2005-65—Approving Agreement with Schoppe Design Associates,Inc.-authorize the Mayor and City Clerk to execute 15. Engineering Enterprises,Inc.(EEI) Consulting Agreement for Fox Road Regional Stormwater Management Study-authorize the Mayor and City Clerk to execute a. Resolution 2005-66—Approving Agreement with Engineering Enterprises, Inc.-authorize the Mayor and City Clerk to execute 16. Results of Sale of Public Works'Vehicles&Equipment—authorize sale of 1998 International Dump Truck in an amount of$32,500.00 to Valley Paving,authorize sale of 1987 Chevy Pickup Truck in an amount of$569.71 to Fred Davis,authorize the sale of 1989 GMC Pickup in an amount of$758.37 to Fred Davis and authorize the sale of 4"Trash Pump in an automat of$285.76 to Fred Davis 17. Emergency Vehicle Pre-Emption Equipment—approve that the City will fund the installation of this equipment unless it is a new signal that is to be funded by the developer 18. Menard's Commercial Commons—Final Acceptance of Landscaping—accept the landscaping of the public areas and release the Letter of Credit upon receipt of a warranty letter of credit in an amount of$60,790.80 19. Resolution 2005-67—Creating a Policy for Procedure and Authority to Reduce Letter of Credit an Bonds for Construction of Public Improvements-authorize the Mayor and City Clerk to execute 20. F.E.Wheaton Expansion—Plat of Easement-authorize the Mayor and City Clerk to execute 21. Resolution 2005-68-Fox Hill Unit 6 Lot 2—IDOT Highway Permit and Resolution- authorize the Mayor and City Clerk to execute 22. Special Census Office Lease -approve rental of office space in the former Castle Bank building from Harold Oliver in an amount not to exceed$3,000.00 for eight weeks of use,subject to legal review Mayor Prochaska entertained a motion to approve the Consent Agenda as oresented. So moved by Alderman Burd;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Mayor Prochaska reported that he attended the September 14,2005 Plan Commission meeting where there were four public hearings: o PC 2005-43 Daniel Laniosz—This is the property located on Route 71 across from the Harris Forest Preserve. The petitioner is looking to annex and rezone. The vote of the Plan Commission was 7-0 in favor of annexation however there was a vote of 7-0 to table the vote on the rezoning pending the receipt of more information. o Schramm Property—This item was removed from the agenda. o Pulte—Petitioners are requesting rezoning and this was recommended by the Plan Commission by a 6-1 vote. o PC 2005-45 Payne Onishi—This is for the property located at McHugh and Farmstead. The petitioners are requesting annexation and rezoning. This public hearing drew residents concerned with traffic,property line encroachment,etc. The Plan Commission voted 6 ayes and 1 abstain to recommend annexation and 1 aye,1 abstain and 5 nays to not recommend the rezoning. Other items discussed were: o Eldamain Center for Business—Located on the corner of Route 34 and Eldamain Road. The Plan Commission voted to table this item based on not having enough information. o Corneils Crossing—The Plan Commission voted 7-0 to recommend acceptance of the preliminary plat. o Swanson Lakes-The Plan Commission voted 7-0 to recommend acceptance of the preliminary plat. The Minutes of the Reeular Meeting of the City Council—September 27,2005—paee 4 Alderman Spears added that she received telephone calls and emails regarding the property on McHugh Road which expressed concerns about the business's proximity to homes,traffic and lighting,etc. Mayor Prochaska stated that he notified the concern residents that this item will be discussed at the October 4,2005 Committee of the Whole meeting. Alderman Wolfer noted that residents were also concerned that there was no buffer zone between this commercial zoning and the adjacent residential zoning. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings of June 28,2005 and the Committee of the Whole meeting of September 6,2005;seconded by Alderman Ohare. Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated September 16,2005 totaling the following amounts:checks in the amount of $730,292.04(vendors);$166,703.13(payroll period ending 9/3/05);fora total of$896,995.17 seconded by Alderman Ohare. Alderman Munns stated that he felt that the payment listed on page two,item two was not fully resolved when it was last discussed in executive session and he asked if it should be discussed further in another executive session. Attorney Wyeth recommended that this item not be discussed in open session. Mayor Prochaska stated that what the payment to Executive Director of Parks&Recreation Brown in the amount of$3,766.39 for legal services could be announced in open session because it was on the bill list. He asked if the City Council wanted to leave the payment on the bill list or remove it. Aldermen Wolfer and Ohare stated that this had already been discussed and should remain on the list. A motion was made by Alderman Munns to remove item 2 on page 2 from the Bill List for further discussion in Executive Session;seconded by Alderman Spears. Alderman Spears stated that she agreed with Alderman Munns that this needed to be discussed further because there wasn't any discussion regarding this bill. Alderman Ohare stated that this was discussed and agreed to months ago. Alderman Munns stated that the amount and particulars of this bill were not discussed however it was agreed to entertain paying a fee. Motion to remove the bill from the list defeated by a roll call vote. Ayes-4 Nays-5 Besco-aye,Burd-aye,James-nay,Leslie-nay,Munns-aye, Ohare-nay,Spears-aye,Wolfer-nay,Prochaska-nay Alderman Spears question why the heading"Bill Payments For Approval"was in bold print on the revised agenda.She asked what had been revised on the list. Mayor Prochaska advised her that nothing has been revised;that is how the heading is normally highlighted on the agenda. . Motion to approve the Bill List approved by a roll call vote. Ayes-5 Nays-4 Besco-nay,Burd-nay,James-aye,Leslie-aye,Munns-nay, Ohare-aye,Spears-nay,Wolfer-aye,Prochaska-aye REPORTS MAYOR'S REPORT Acceptance of the City Administrator Resignation Mayor Prochaska read the September 12,2005 letter of resignation tendered to him from Administrator Graff. He entertained a motion to accept the City Administrator's resignation. So moved by Alderman Burd;seconded by Alderman Spears. Aldermen Leslie,Ohare and Wolfer thanked Administrator Graff for doing an incredible job and they expressed their wishes for his future. Mayor Prochaska expressed his feelings of regret because Administrator Graff was leaving the City. He stated that it has been a pleasure working with him for the last twelve years and he wished him well. Motion approved by a roll call vote. Ayes-7 Nays-1 Wolfer-aye,Besco-aye,Burd-aye,James-nay, Leslie-aye,Munns-aye,Ohare-aye,Spears-aye The Minutes of the Reeular Meetine of the City Council—September 27,2005—paee 5 Update on City Administrator Search Mayor Prochaska gave an update to the City Council on his search for an interim City Administrator. He stated that he contacted Range Riders for assistance in his search and they have forwarded five names. He stated that he has made contact with four of the individuals and he has three interviews scheduled. He stated that he has been told by City Council members that they know individuals that might be interested in the position.He suggested that anyone interested submit a resume to him by Monday,October 3,2005. Alderman Spears commented that she thought the City Council gave direction to work with Range Riders.She stated that several people have contacted her regarding the job and she told them that Mayor Prochaska was working exclusively with Range Riders. Mayor Prochaska stated that the City Council's direction did not specify he only work with Range Riders however he has only contacted the individuals that they referred. Aldermen James and Leslie suggested that Mayor Prochaska look at all available options. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Ordinance 2005-77 Vacation of Scott Road Attorney Wyeth explained that this ordinance is for the vacation of Scott Road from Route 71 to Route 47 as presented in the public hearing earlier in the meeting. He explained that when a road is vacated,the ownership of the road becomes that of the adjoining property on either side. In this case,it is the same owner.There will be no compensation for the vacation and this roadway when vacated will not cut off any existing landowners. Mayor Prochaska entertained a motion to approve an ordinance vacating Scott Road from Route 47 to Route 71 and authorize the Mayor and City Clerk to execute all documents upon final legal review.So moved by Alderman Besco;seconded by Alderman Wolfer. Alderman Besco asked if this affected any utilities and Director of Public Works Dhuse responded it did not. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Amending the Peter Sahlas Watermain Easement Attorney Wyeth deferred to Director Dhuse on this item. Director Dhuse indicated that the City has been working with Mr.Sahlas to obtain a critical easement needed for the river crossing of for the water main going to Wells#3 and#4. Mayor Prochaska entertained a motion to approve an amendment to the Peter Sahlas Watennain Easement to provide for restoration and compensation consistent with the staff memo as presented and authorize the Mayor and City Clerk to execute all documents upon final legal review. So moved by Alderman Wolfer,seconded by Alderman James. Administrator Graff noted that Mr.Sahlas has signed both the easement Mylar and the agreement. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Robert's Rules 101 Attorney Wyeth went over the updated"Desk Guide"of the Robert's Rules(see attached). He noted that he added the definitions for subsidiary motions#2,#5 and#6. He went over the three subsidiary motions(amend,limit or extend debate,previous question)in more detail. He summarized the information he had already presented;handling a motion and descriptions and classifications of motions. He stated that this information will cover 85%to 95%of all the City Council meetings. He stated he would be discussing privileged and incidental motions and motions that can bring a question before the body again at future meetings. Alderman Burd asked if the motion to lay on the table had to be voted on at the meeting in which it was made. Attorney Wyeth stated that Robert's Rule talks about"the session"which for this City Council would be a meeting. He stated that this motion sets the item up for a vote on the side to be picked up later in the meeting. The Minutes of the Regular Meeting of the City Council—September 27,2005—page 6 CITY CLERK'S REPORT IDOT Final Audit No.00-00023-00-GB City Clerk Milschewski reported that she received Final Audit No.00-00023-00-GB dated July 8, 2005 from the Illinois Department of Transportation(IDOT)which covers the receipt and disbursement of$625,000.00 General Obligation(Alternate Revenue Source)Bond Funds,Series 2002 for the Fox Industrial Park. Clerk Milschewski requested a motion to accept the IDOT Audit Report No.56 as presented. So moved by Alderman Burd;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Leslie-aye,Munns-aye,Ohare-aye, Spears-aye,Wolfer-aye,Besco-aye,Burd-aye CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff gave his last report to the City Council. He gave his regards to the community and stated that it has been an enjoyable experience to work for the United City of Yorkville for the last fourteen years. He noted that he has worked with three mayors,all with different approaches and personalities. He stated that the last four years as City Administrator has been energizing and intriguing. He expressed his gratitude to the community for everything that they have done for his family and him. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Countryside Interceptor Project Update Director Dhuse reported that the Countryside Interceptor Project was scheduled to begin on October 3,2005.The project will begin at the pond west of the Hatcher Building. This project will tie into the lift station on Route 47. Leaf Pick Up Director Dhuse reported that leaf pick ups were scheduled for October 17th-21"and November 14th-18th. Hydrant Flushing Director Dhuse reported that there would be hydrant flushing October 17'h-29th. Sprinkler Ban Director Dhuse reported that the night sprinkling ban has been lifted. Watering can be done from 9:00 p.m.to 12:00 a.m.on an odd-even schedule. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Human Resource Commission Alderman Spears reported that at the last Human Resource Commission meeting they were presented with the guidelines for requesting a grant for financial support for Senior Services Associates. She stated that the Commission has some questions and needs more information. Mayor Prochaska suggested that this be placed on the Senior Ad Hoc Committee agenda for further discussion since the grant information originated with them. Kendall County Para-Transit Meeting Alderman Spears reported she attended the Kendall County Para-Transit Meeting on August 31, 2005. She stated there were representatives from Geneva,Naperville,St.Charles,Oswego,etc. as well Kane,Kendall and DuPage Counties present. There were two guest speakers from the "Ride DuPage Program"who described how their program was developed.She noted that it took eight years to develop the program and the main concern was affordability. She stated that this program was jointly funded by Lisle and Naperville Townships along with PACE.She stated that hopefully Kendall County will have something similar in a short period of time. She explained that PACE sells their equipment after five years and the County will be checking into this. Holiday Meals-on-Wheels Alderman Spears reported that the Northeastern Illinois Area on Aging would be hosting an event to raise funds for"Holiday Meals-on-Wheels"so that seniors can receive meals on holidays and The Minutes of the Regular Meeting of the City Council—September 27,2905—page 7 weekends. The event will be held at Drury Lane in Oak Brook on November 6,2005 at 11:00 a.m. She stated that numerous Chicagoland chefs will be donating their time and food to the event and that she had tickets if anyone was interested. Senior Ad Hoc Alderman Ohare asked when the next Senior Ad Hoc Committee meeting would be held. Mayor Prochaska reported it was planned for October 10,2005 at 4:00 p.m. Mayor Prochaska noted that he,Attorney Wyeth and director Brown are continuing to work on the agreement with Senior Services Associates. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Final Acceptance of Street Lights in Heartland Circle and Reduction in Letter of Credit A motion was made by Alderman Besco to accept the streetlight improvements for Heartland Circle Subdivision and to authorize the reduction of the letter of credit in an amount not to exceed $5,652.70;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye,Munns-aye,Ohare-aye,Spears-aye, Wolfer-aye,Besco-aye,Burd-aye,James-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005-78 Del Webb Annexation and Planned Unit Development Authorizing the Execution A motion was made by Alderman Munns to approve an ordinance authorizing the execution of an Annexation Agreement and Planned Unit Development Agreement with MPLIV 10,LLC; MPLIV 20,LLC;and MLH Yorkville,LLC("Owners")and Pulte Home Corporation ("Developers")and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-9 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye, Besco-aye,Burd-aye,James-aye,Leslie-aye,Prochaska-aye Ordinance 2005-79 Del Webb Annexation and Planned Unit Development Annexation A motion was made by Alderman Munns to approve an ordinance authorizing the Garritano/Brummel Property,also referred to as"Del Webb"in furtherance of an Annexation and Planned Unit Development Agreement with MPLIV 10,LLC;MPLIV 20,LLC;and MLH Yorkville,LLC("Owners")and Pulte Home Corporation("Developers")and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye, Burd-aye,James-aye,Leslie-aye,Munns-aye Ordinance 2005-79 Del Webb Annexation and Planned Unit Development Rezoning A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement and Planned Unit Development Agreement with MPLIV 10,LLC;MPLIV 20,LLC;and MLH Yorkville,LLC("Owners")and Pulte Home Corporation("Developers")and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderman Ohare. Alderman Munns commented that the Economic Development Committee was in agreement that this is something out of the ordinary so the comments and concerns about lot size have been put to rest. Alderman Munns stated that this development is good for the United City of Yorkville. Alderman Spears commented that she had many concerns but they were addressed by the developers including removing the SSA and recommending funds go to senior projects. Mayor Prochaska commended the developer for working with the City,School District and all the other entities involved to create an agreement that is advantageous to all. The Minutes of the Regular Meeting of the City Council—September 27,2005—page 8 Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Wolfer-aye,Besco-aye,Burd-aye, James-aye,Leslie-aye,Munns-aye,Ohare-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005-81 Raintree Village 7I—SSA Proposing Ordinance A motion was made by Alderman James to approve an ordinance proposing the establishment of Special Service Area number 2004-107(Raintree Village I1 Project)in the United City of Yorkville and providing for other procedures in connection therewith;seconded by Alderman Wolfer. Alderman Besco asked for clarification on the wording of the motion. Attorney Wyeth stated the wording reflects the title of the ordinance which was prepared by the SSA consul. He explained that there will be a public hearing coming up for the SSA and this is the ordinance to begin the procedure of establishing an SSA. Administrator Graff noted that the City Council already approved the resolution of intent. Mayor Prochaska noted that this ordinance sets the date and requirements for the public hearing for the SSA. Motion approved by a roll call vote. Ayes-6 Nays-2 Wolfer-aye,Besco-nay,Burd-aye,James-aye, Leslie-aye,Munns-aye,Ohare-aye,Spears-nay ADDITIONAL BUSINESS Mileage Reimbursement Alderman Munns questioned that the City reimburses mileage at a rate of$.485. Director Pleckham explained that the IRS has increased the rate to$.485 through December 2005. YEDC Annual Meeting Lynn Dubajic,Executive Director of the Yorkville Economic Development Corporation(YEDC), reminded the City Council that the YEDC would be holding their annual meeting on October 16, 2005 at Yorkville High School. She asked that those interested in attending should notify Director Pleckham. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Burd;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 8:23 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois STATE OF ILLINOIS SS : COUNTY OF KENDALL ) BEFORE THE YORKVILLE CITY COUNCIL PUBLIC HEARING REPORT OF PROCEEDINGS had at the hearing of the above-entitled matter, taken before Nicola Gengler, C . S . R. , No . 84-3780 , on September 27 , 2005 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road, Yorkville, Illinois . :2)--- D-773205 DEP® @ COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MAYOR ARTHUR F. PROCHASKA; 3 MR . ANTON GRAFF, City Administrator ; 4 MS . JACKIE MILSCHEWSKI , City Clerk; 5 MR . JOSEPH BESCO, Alderman; 6 MS . VALERIE BURD, Alderwoman; 7 MR . PAUL JAMES , Alderman; 8 MR . JASON LESLIE, Alderman ; 9 MR . MARTY MUNNS , Alderman; 10 MS . WANDA OHARE, Alderwoman; 11 MS . ROSE SPEARS , Alderwoman; 12 MR. DEAN WOLFER, Alderman; 13 and 14 WYETH, HEITZ & BROMBEREK 15 300 East Fifth Avenue, Suite 380 Naperville, Illinois 60563 16 BY : MR . JOHN J . WYETH, Appeared on behalf of The United City of 17 Yorkville . 18 19 - - - 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 3 1 ( Proceedings were had 2 which are not herein 3 transcribed. ) 4 MAYOR PROCHASKA : Next on our agenda is 07:01PM 5 our public hearings . I ' d entertain a motion to go 6 into public hearing for the purpose of discussing 7 the Corneils Crossing, LLC, and Standard Bank 8 Trust Company as trustee, UTA dated September 15 , 9 2003 , known as Trust No . 17903 , petitioners , 07:02PM 10 request to annex to the United City of Yorkville 11 and rezone from Kendall County A-1 Agricultural to 12 United City of Yorkville R-2 one-family residence 13 district and for hearing as to the annexation 14 agreement of petitioner . The real property o7:o2PM 15 consists of approximately 15 . 580 acres on the 16 north side of Corneils Road, one-half mile east of 17 Route 47 , Bristol Township, Kendall County, 18 Illinois . 19 ALDERMAN WOLFER : So moved . 07:02PM 20 ALDERWOMAN BURD : Second . 21 MAYOR PROCHASKA : Moved and seconded . 22 May I have roll call , please . 23 MS . MILSCHEWSKI : Besco? 24 ALDERMAN BESCO : Aye . DepoCourt Reporting Service (630) 983-0030 4 1 MS . MILSCHEWSKI : Burd? 2 ALDERWOMAN BURD : Aye . 3 MS . MILSCHEWSKI : James? 4 ALDERMAN JAMES : Aye . 5 MS . MILSCHEWSKI : Leslie? 6 ALDERMAN LESLIE : Aye . 7 MS . MILSCHEWSKI : Munns? 8 ALDERMAN MUNNS : Aye . 9 MS . MILSCHEWSKI : Ohare? 10 ALDERWOMAN OHARE : Aye . 11 MS . MILSCHEWSKI : Spears? 12 ALDERWOMAN SPEARS : Aye . 13 MS . MILSCHEWSKI : Wolfer? 14 ALDERMAN WOLFER : Aye . 07:02PM 15 MAYOR PROCHASKA : Motion is carried . We 16 are now in public hearing . 17 I would ask if the petitioners , a 18 representative of the petitioner would care to 19 make a presentation . 07:03PM 20 MR . CARRARA : Good evening, my name is 21 Kevin Carrara from the law firm of Rathje and 22 Woodward in Wheaton, Illinois . I am here 23 representing the petitioner ' s today, Corneils 24 Crossing, LLC . DepoCourt Reporting Service ( 630) 983-0030 5 1 As you are aware , we are before you 2 today for annexation on the 15 acres or 3 approximately 15 acres that is within your package 4 we have for you today . It is just the first 07:03PM 5 demonstrative exhibit which we have marked as 6 Exhibit 1 . It is just the aerial zoning 7 surrounding the property . 8 As you can see, our property is 9 located here in the center of this parcel . I will 10 turn it so you can get a little better view of 11 that . I am sure all of you are aware of what is 12 happening in the area, but I will go ahead and 13 recap it for you just as kind of an overview . 14 To the north of our property is the 07:03PM 15 Centex Bristol Bay Development . Immediately north 16 to our property is part of the Regional Detention 17 Facility . The reason I mentioned the Regional 18 Detention Facility is one of the aspects that is 19 important for our development because our 07:03PM 20 development is going to be dealing with all our 21 storm water drainage issues by buying into the 22 regional detention system. 23 MAYOR PROCHASKA: You really do need to 24 turn that so the public can see it . DepoCourt Reporting Service (630) 983-0030 6 1 MR . CARRARA: I am sorry . I will try to 2 back it up here so everybody can see it as much as 3 possible . 4 To the east of our development 07:o4PM 5 currently is just farm land, and farther to the 6 east is what has been classified as future 7 residential development . To the west , we have a 8 commercial pod which surrounds -- which is right 9 near Route 47 ; and then just to the west of that , 07:o4PM 10 we have got a little additional commercial as well 11 as the Westbury Village which is another 12 residential development . Our zoning that we will 13 be asking for as part of the annexation is 14 consistent with the zoning in the area . 07:04PM 15 To break down just for again 16 demonstrative purposes , I will show you what has 17 been marked Exhibit 2 which is our preliminary 18 plat . This preliminary plat is what we did show 19 to the Plan Commission, and we did receive 07:o5PM 20 approval on it the last meeting . 21 As part of the initial approval for 22 the annexation agreement , the Plan Commission did 23 pass us with a number of conditions . I believe 24 there were six of them. We have satisfied all of DepoCourt Reporting Service ( 630) 983-0030 7 1 the conditions that were made a part of the Plan 2 Commission ' s recommendations , and they have been 3 incorporated in the preliminary plat as well as 4 some of them have been incorporated in the initial 07:05PM 5 draft annexation agreement . Obviously we need to 6 go back and touch those things up with John ' s 7 office just to make sure all those issues are 8 fully covered in the annexation agreement . 9 A few of the conditions that were 07:05PM 10 mentioned that we have made a part of the 11 agreement -- we are going to make a part of the 12 plat as well as the part of the annexation 13 agreement . You will see down off of Corneils Road 14 as frontage road runs east and west this way . 07:05PM 15 Then we will have our entrance to this development 16 here . 17 In our discussion with staff as well 18 as during the public hearing process , there was 19 some concern from the neighbors to the south in 07:06PM 20 the unincorporated area as to what this first lot 21 was going to represent . Their suggestion was they 22 wanted a 50-foot setback off of Corneils Road as 23 well as they wanted the house front to face 24 Corneils Road to stay in character with the DepoCourt Reporting Service (630) 983-0030 8 1 surrounding areas , and we have made a part of that 2 on our plat as well as in the annexation agreement 3 designating that lot to have those restrictions . 4 As we go into the north as you 07:06PM 5 remember initially I said, this portion right up 6 here which is this part of the regional detention 7 system. As part of our discussions with staff as 8 well as the Parks Department , we determined at 9 this point not to put in a sidewalk in that area . 07:06PM 10 We are going to obviously donate the necessary 11 money that would go for that sidewalk; but because 12 we are unsure as to how this entry point may be 13 with the regional detention -- I believe there is 14 going to be a pathway system there -- we 07:07P11 15 determined instead of putting the sidewalk in that 16 may not lead to where the City would like it to 17 lead, we determined that we will just leave it 18 there and allow the City to have that flexibility. 19 There were some additional issues 07:07PM 20 that we addressed concerning the property along 21 this area . What we have done is -- you really 22 don ' t see it on this plan, but this has all been 23 dedicated full way right of way should the Village 24 ever need to consider future developments to the DepoCourt Reporting Service (630) 983-0030 9 1 west here and eliminate access off of Corneils 2 Road, there is that option available to the City 3 at that point . 4 That really concludes my 07:07PM 5 presentation, and I will be more than happy to 6 answer any questions that anybody has this 7 evening . 8 MAYOR PROCHASKA: At this time , I ' d like 9 to open the floor to anyone that would like to 07:07PM 10 give comment , cross-examine the petitioner or make 11 a statement to the City Council . 12 Please come forward and state your 13 name and address if you would, please . 14 MS . GOZNER: My name is Mary Gozner, and 07:08PM 15 I am at 9596 Corneils Road directly across from 16 where -- is this a roadway? This is a roadway out 17 to Corneils? 18 MR . CARRARA: Yes . 19 MS . GOZNER: I just think that it was 07:08PM 20 interesting when he explained what was happening 21 in the area, he kind of left us out because the 22 residents of Corneils Road -- if you have ever 23 driven down Corneils Road, it is gorgeous , and 24 none of us are on less than one acre , and I am DepoCourt Reporting Service (630) 983-0030 10 1 sorry I am a little nervous . I am a little 2 passionate about this . 3 We are all on an acre or more . 4 Okay? I think you have a perfect opportunity to 07:OBPM 5 take a small piece of parcel , 15 acres , and do 6 something really unique with it instead of what I 7 read in the paper every day, rooftop, rooftop, 8 rooftop, rooftop . 9 Do something like what is around the 07:09PM 10 golf course . I don ' t know even what it is called 11 because I am nervous , Oak Creek, or the other -- 12 take your 15 acres and make it look like ours . 13 Why do you have to make it look like the rest of 14 everything that is coming in to Yorkville? Make 07:09PM 15 it look like what you already have which he forgot 16 to allude to is that the houses on the south side , 17 our homes , are very nice houses I believe ; and we 18 are all on over an acre piece of property. 19 Again, you have got a perfect 07:09PM 20 opportunity here to say, hey, that first one is 21 close to an acre . Let ' s get the rest of them 22 close to an acre and have one way out on Corneils 23 Road; and if any of you have driven down Corneils 24 Road, it is a winding road . It is not meant for a DepoCourt Reporting Service (630) 983-0030 11 1 lot of traffic, and I hope it stays that way . 2 Again, I think you are falling into 3 the same old rooftop, rooftop, rooftop thing where 4 you need to take a look at something unique that 07:10PM 5 can be done with this property that you don ' t have 6 to stick 32 houses on 15 acres and consider us and 7 what is already there not what is to come . Thank 8 you . 9 MAYOR PROCHASKA: Thank you . 07:10PM 10 MS . MUNSON : Hi , Mary Lou Munson, 11 9638 Corneils Road . I also live across . He did 12 address the issues that they wanted him to do from 13 the zoning . 14 I just have a question . They had 07:10PM 15 mentioned about a traffic survey to see that if 16 that road could handle potential traffic that 17 might come from people coming in and going down 18 that road other than the people that are going to 19 live there . Was there a traffic survey done? 07:11PM 20 MAYOR PROCHASKA: There -- as part of 21 the deal , that is usually what is required . 22 MS . MUNSON : That is what they said . 23 MAYOR PROCHASKA : Tony, do we know -- 24 MR. GRAFF : No, this one didn ' t DepoCourt Reporting Service (630) 983-0030 12 1 require -- with minimum lots that are in here , it 2 is not required per our ordinance . That is 3 something we can look at . 4 MAYOR PROCHASKA : Because there is only 07:11PM 5 32 lots? 6 MR. GRAFF: Well, it will be 32 units at 7 15 acres . It is not required by our ordinance to 8 have a traffic survey on that . 9 Due to the impact of the other 07:11PM 10 property, we don ' t have the other property in the 11 City; and what is connected there to the 12 commercial property in regards to the impact, that 13 is just for release and not for pass through 14 coming down to Corneils . 07:11PM 15 MS . MUNSON : So like right here where 16 there is going to be like 90 , 000 rooftops , they 17 aren ' t going to be able to come down here and out 18 this little road? 19 MR . GRAFF: Right to the north of there . 07:11PM 20 MAYOR PROCHASKA : If you have seen the 21 plan, it is all an open green space . There is a 22 lake and a park there . There is no houses . 23 MS . MUNSON : No . So that road goes to 24 green space then? DepoCourt Reporting Service ( 630) 983-0030 13 1 MR . GRAFF : No . That road goes to the 2 adjoining property . It is not part of the green 3 space plan . It is owned by another parcel of 4 37 acres . 07:12PM 5 MS . MUNSON : Right . I get that part . 6 MR . GRAFF : And that could be developed 7 with single family if he wishes to . 8 MS . MUNSON : That is what I am saying, 9 what if? 10 MR . GRAFF : That is 37 acres -- 11 MS . MUNSON : Do we just address that at 12 that point? 13 MR . GRAFF : If I can finish, 37 acres we 14 are addressing that , that is something that 07:12PM 15 adjoins to that , to this one . 37 acres under our 16 comp plan would be somewhere in the range of about 17 60 homes , and we know there is water issues there . 18 So I don ' t know if 60 homes would be able to be 19 fit on this . 07:12PM 20 So you are looking at -- this 21 15 acres of the 37 acres that is there, you are 22 looking at possibly somewhere around 65 to 70 23 homes that will come off that road . 24 MS . MUNSON : Yes, I am not sure our road DepoCourt Reporting Service (630) 983-0030 14 1 can handle that . 2 MR. GRAFF : That is about 680 cars a day 3 coming in to that road . 4 MS . MUNSON : Yes . It is a tiny little 5 country road . 6 MR . GRAFF : Corneils Road will be 7 improved . We have road fees that come in along 8 with our county road fees . So your road will be 9 improved with the road fees to handle the traffic 10 impact . 11 MS . MUNSON : Improved, that is a word 12 that I don ' t know we all agree on . 13 Okay . Thank you for your time . 14 MAYOR PROCHASKA : Anyone else? 15 (No response . ) 16 MAYOR PROCHASKA : Is there any comments 17 from the Council? 18 ALDERWOMAN OHARE : I have got to go page 19 by page . 07:13PM 20 MAYOR PROCHASKA: Okay. 21 ALDERWOMAN OHARE : And page numbers . 22 The first one being on Page 4 that we just do a 23 temporary detention . Is that until the wetlands 24 area gets done? DepoCourt Reporting Service ( 630) 983-0030 15 1 MR . CARRARA: Well , we have been talking 2 with staff on that in terms of the temporary 3 detention issues . In case that the detention area 4 cannot receive it as of this point , what we are o7:13PM 5 proposing is we do up in this area because the 6 development obviously would go from the road in . 7 So up in this area , we would use the 8 temporary detention if we could satisfy the 9 necessary overland flow issues to take care of the 07:13PM 10 watershed this way . That is what we are proposing 11 to do if this is not available for us at that 12 point . 13 ALDERWOMAN OHARE : Is that a problem? 14 MR . GRAFF: Generally, Wanda, it was 07:14PM 15 recommended by IE while we are working through 16 this wetland design and the 60 to 70-acre lake 17 there, that until we get that lake carved out , 18 that we allow them to do some temporary detention 19 on the north end where they could not develop 07:14PM 20 their lot at this point; but if necessary, that 21 temporary could turn into permanent if there 22 happens to be a need for it . We know there is 23 enough volume to be able to handle this . 24 ALDERWOMAN OHARE : Page 5 , Letter F, DepoCourt Reporting Service ( 630) 983-0030 16 1 that doesn ' t even attempt to describe or say 2 anything about the lot sizes or lot width or 3 anything . Do we -- is it just -- do we have any 4 numbers ? 07:14PM 5 MR. CARRARA: Those will be -- if I can 6 answer that , those will be attached as an exhibit . 7 The plat will be attached as an exhibit . I am not 8 sure if you do have the full copy of the plat from 9 the preliminary plat approval . We are still 07:15PM 10 trying to catch it up with the annexation . Those 11 lot sizes and all those issues are detailed on the 12 plat to restrict the lot sizes and identify the 13 lot dimensions and all of those . 14 ALDERWOMAN OHARE : Page 15 , 7 , that 07:15PM 15 first line the word city is left off . I don ' t 16 know if you want to know that part . It starts out 17 the blank degrees to allow. 18 MR . CARRARA: Thank you . 19 ALDERWOMAN OHARE : Then on Page 9 at the 07:15PM 20 top . 21 MR. CARRARA : I am sorry? 22 ALDERWOMAN OHARE : Page 9 at the top . 23 MR . CARRARA: Page 9? 24 ALDERWOMAN OHARE : Yes . Where it says DepoCourt Reporting Service (630) 983-0030 17 1 the City agrees to may assist . It sounds like I 2 am being picky, but this is what we are going to 3 look at . It says we will do that . 4 ALDERWOMAN SPEARS : Excuse me, Wanda, 07:16PM 5 what page? 6 ALDERWOMAN OHARE : I am sorry, Page 17 . 7 MR . CARRARA: There was a page numbering 8 issue in the draft , and we have tried to correct 9 those as we go forward . I am sorry . Page 17 ? 07:16PM 10 ALDERWOMAN OHARE : At the top, the City 11 agrees to assist the owner . 12 MR . CARRARA: Yes . 13 ALDERWOMAN OHARE : Don ' t we always say 14 we may. 07:16PM 15 MR . CARRARA : I believe we are currently 16 working with the City to capture those easements 17 that are necessary along Corneils Road . Part of 18 that is the City has to be the approving person 19 behind those easements . We can ' t just get them 07:16PM 20 and then force them upon the City . 21 ALDERWOMAN OHARE : Okay . There was one 22 other major one -- we have already addressed that . 23 Page 26, we are not a park district . 24 MR. CARRARA : I know that . Again, it DepoCourt Reporting Service (630) 983-0030 18 1 was the Parks Department , and again there is some 2 minor errors in the draft . We apologize . 3 ALDERWOMAN OHARE : Okay . Just one more 4 grammar, the last Page 30 , first line at the top . 07:17PM 5 I was going to look up that word. Is that the 6 correct spelling of that word? 7 MR . CARRARA: I am sorry? Page 30? 8 ALDERWOMAN OHARE : At the top, I believe 9 I have questioned that one before . That was it . 07:17PM 10 MAYOR PROCHASKA: Anyone else? 11 (No response . ) 12 MAYOR PROCHASKA: I just want to make 13 sure that we do have -- before this comes before 14 the Council , we have all the dollar amounts in 07:17PM 15 here correctly so that there is no question as to 16 the fees that are required for all of the groups ; 17 and I know we generally will attach a fee schedule 18 to this . 19 So at this time, it is not as part 07:17PM 20 of this public hearing; but before this is passed, 21 I just want to make sure that that is done 22 correctly . We have all the correct fees . 23 Anyone else? 24 (No response . ) DepoCourt Reporting Service (630) 983-0030 19 1 MAYOR PROCHASKA: Hearing no further 2 discussion, I will entertain a motion to close 3 this public hearing . 4 ALDERWOMAN SPEARS : So moved. 07:18PM 5 ALDERWOMAN BURD : Second . 6 MAYOR PROCHASKA: Moved and seconded . 7 May I have roll call, please . 8 MS . MILSCHEWSKI : Burd? 9 ALDERWOMAN BURD : Aye . 10 MS . MILSCHEWSKI : James? 11 ALDERMAN JAMES : Aye . 12 MS . MILSCHEWSKI : Leslie? 13 ALDERMAN LESLIE : Aye . 14 MS . MILSCHEWSKI : Munns? 15 ALDERMAN MUNNS : Aye . 16 MS . MILSCHEWSKI : Ohare? 17 ALDERWOMAN OHARE : Aye . 18 MS . MILSCHEWSKI : Spears ? 19 ALDERWOMAN SPEARS : Aye . 20 MS . MILSCHEWSKI : Wolfer? 21 ALDERMAN WOLFER: Aye . 22 MS . MILSCHEWSKI : Besco? 23 ALDERMAN BESCO : Aye . 24 MAYOR PROCHASKA : Motion is carried . DepoCourt Reporting Service (630) 983-0030 20 1 For those in the audience , this is 2 not on the agenda to vote on tonight . So there 3 will not be a vote taken . 4 Next on the agenda is a public 07:1BPM 5 hearing to discuss the vacation . I would 6 entertain a motion to go into public hearing to 7 discuss the vacation of Scott Road located at the 8 northwest corner of Route 47 and Route 71 . 9 ALDERWOMAN BURD : So moved . 07:18PM 10 ALDERMAN JAMES : Second . 11 MAYOR PROCHASKA : Moved and seconded . 12 May I have a roll call , please . 13 MS . MILSCHEWSKI : Burd? 14 ALDERWOMAN BURD : Aye . 15 MS . MILSCHEWSKI : James? 16 ALDERMAN JAMES : Aye . 17 MS . MILSCHEWSKI : Leslie? 18 ALDERMAN LESLIE : Aye . 19 MS . MILSCHEWSKI : Munns? 20 ALDERMAN MUNNS : Aye . 21 MS . MILSCHEWSKI : Ohare? 22 ALDERWOMAN OHARE : Aye . 23 MS . MILSCHEWSKI : Spears? 24 ALDERWOMAN SPEARS : Aye . DepoCourt Reporting Service (630) 983-0030 21 1 MS . MILSCHEWSKI : Wolfer? 2 ALDERMAN WOLFER: Aye . 3 MS . MILSCHEWSKI : Besco? 4 ALDERMAN BESCO : Aye . 07:19PM 5 MAYOR PROCHASKA: Motion is carried . We 6 are now in public hearing . 7 MR . DAVIDSON : Thank you, Mr . Mayor . My 8 name is Gary Davidson, and I represent Crest Lake 9 Holdings . Some of you may know me . I am from 10 Yorkville . 11 What we are here tonight for is the 12 vacation of Scott Road . What we are dealing with 13 is a roadway that essentially ran behind the old 14 Silica Sand building that you have recently saw 07:19PM 15 got torn down on the corner of 47 and 71 . That 16 road was dedicated in an old plat that was 17 recorded decades ago . The road was never really 18 utilized . 19 Obviously it is a little bit hard to 07:19PM 20 see on this particular diagram, but that road runs 21 at a very severe angle and kind of cuts that 22 corner of Route 47 and 71 off and really served no 23 purpose , and obviously from a standpoint of a 24 public safety standpoint is a serious issue . It DepoCourt Reporting Service (630) 983-0030 22 1 also obviously prevents having commercial and 2 retail development on this corner . 3 We are very pleased to inform the 4 Council that we are going to have a major national 07:20PM 5 retailer go in on the corner of 47 and 71 as well 6 as a financial institution and some high quality 7 strip centers and some restaurants hopefully along 8 this area . 9 Our contract that Crest Lake 07:20PM 10 Holdings has with the national retailer provides 11 that the vacation of Scott Road is a condition of 12 precedent to us closing, and we have been working 13 with the City administrator and working with Lynn 14 from the Yorkville Economic Development Commission 07:21PM 15 as well as a lot of City staff, and unfortunately 16 our closing is scheduled for the 29th of this 17 month because this national retailer wants to get 18 moving coming this spring and start breaking 19 ground and working with IDOT on this improvement 07:21PM 20 of 47 and 71 corner . 21 Because of that , we are asking the 22 Council forego its normal course where they would 23 continue the decision on that to the next 24 scheduled board meeting, and we would ask that the DepoCourt Reporting Service (630) 983-0030 23 1 Council vote on the vacation of Scott Road 2 tonight . 3 This is really more or less a 4 housekeeping issue; and like I said, it is 07:21PM 5 something that appears on the plat . So we as 6 lawyers have to go through and make sure we clear 7 that up so that we can actually develop what we 8 want , and we are excited about bringing in those 9 tax dollars to the City of Yorkville . 07:22PM 10 I know the folks who live on this 11 side of down are excited about having a place to 12 go and shop . If anybody has any questions , I 13 would be glad to answer them . I know Ms . Dubajic 14 wanted to make a few comments as well . 07:22PM 15 MAYOR PROCHASKA : At this time , I ' d open 16 the floor to anyone that would like to make 17 comments or ask questions . 18 MS . DUBAJIC : Lynn Dubajic, Yorkville 19 Economic Development Corporation. I just wanted 07:22PM 20 to let the Council know that I have been working 21 diligently both with this national retailer and 22 with a series of other retailers that are very 23 interested in this corner . 24 The request for the vote tonight is DepoCourt Reporting Service (630) 983-0030 24 1 important . Unfortunately sometimes when you are 2 working with corporations , there are certain time 3 tables that have to be met; and in this case, 4 there is a certain process that has to take place 07:23PM 5 with certain committees . 6 So the vacation of Scott Road is 7 necessary for the national retailer to meet 8 certain deadlines that they have . They are very 9 eager to come to Yorkville . They will create 07:23P14 10 about 20 -- just at the corner, that facility will 11 create 25 to 30 new jobs . It will actually act as 12 an anchor to that entire corner, that entire 13 northwest quadrant of 47 and 71 ; and I think 14 everyone here and especially the residents of the 07:23PM 15 south side of Yorkville will be very pleased to 16 have this project come to fruition in the very 17 near future . 18 MAYOR PROCHASKA : Is there anyone else 19 that would like to comment to the City Council ? 20No response . ) ( P ) 21 MAYOR PROCHASKA: Does the City Council 22 have any comments or questions ? 23 ALDERMAN MUNNS : Yes , your Honor . 24 Lynn, maybe you can answer . Is this DepoCourt Reporting Service (630) 983-0030 25 1 all commercial you are saying here? There is no 2 residents? 3 MR. DAVIDSON : There is no residential . 4 This is actually the remaining piece to the 07:24PM 5 Sunflower Estates parcel that got developed, what , 6 ten years ago; and so this is obviously the 7 commercial portion . So it is strictly commercial 8 and retail . 9 ALDERMAN MUNNS : How far does it extend 07:24PM 10 to the north there? 11 MR . DAVIDSON : Here ' s your landscaping . 12 ALDERMAN MUNNS : Landscaping from there 13 down . 14 MAYOR PROCHASKA: Valerie? 07:24PM 15 ALDERWOMAN BURD : I was just wondering, 16 there isn ' t any way that this road that you want 17 to vacate could be used as a frontage road, is 18 there? Because we have been talking about trying 19 to develop frontage roads that would parallel 47 07:24PM 20 and try to alleviate some of the traffic problems . 21 MR . DAVIDSON : With the angle of it -- 22 you know, our engineer would be a better person to 23 answer that question, but the reality is with the 24 angle of that, you know, that is not going to DepoCourt Reporting Service (630) 983-0030 26 1 serve any purpose for you to have useful retail 2 commercial space because of the depth of this lot . 3 You just can ' t have that and also 4 have your retail commercial there because of 07:25PM 5 parking requirements, et cetera . 6 ALDERWOMAN OHARE : My question is : On 7 the corner, will that area stay like an open green 8 space with landscaping and looking very nice? You 9 are not -- according to your drawing, the building 07:25PM 10 is not moving closer to the corner . 11 MAYOR PROCHASKA : I think that is partly 12 part of the state ' s right of way . Isn ' t that 13 where the projected state ' s right of way is ? 14 MR. HUINKER: The corner is planned -- 07:25PM 15 ALDERWOMAN OHARE : The corner will be 16 all green? 17 MAYOR PROCHASKA: Could you please state 18 your name for the record. 19 MR. HUINKER: Peter Huinker, Smith state is actually 20 Engineering . The planned for 21 the future in case there is any additional lanes 22 needed at this intersection, they did request some 23 additional right of way in this area . 24 It is set back temporarily . We may DepoCourt Reporting Service (630) 983-0030 27 1 have some more green space in the future . That 2 would be for the turn lanes . 3 ALDERWOMAN OHARE : No building is 4 planned to move closer in at all? Just what it 07:26PM 5 shows? I just want to make sure . 6 MR . HUINKER: Each individual plan would 7 be proposed based off of the zoning ordinance . 8 This is just -- 9 MAYOR PROCHASKA: I think what she is 07:26PM 10 saying is there is nothing to get closer to the 11 corner because of the way the easement -- the 12 property line there is cut . You can ' t go -- like 13 the building that used to be there , you could not 14 locate there . 15 MR . HUINKER: Correct . 16 ALDERWOMAN OHARE : Okay . Thank you . 17 ALDERMAN JAMES : This road is just their 18 theory . It is on a plat , but it is not paved . 19 There is no street sign, and it is just really 07:26PM 20 just a dirt road that was part of that parking lot 21 going into Silica Sand? 22 MR. DAVIDSON : That ' s correct . I mean, 23 I grew up out in this area . I certainly never 24 knew this was a road. I ' d be surprised if any of DepoCourt Reporting Service (630) 983-0030 28 1 us in this room actually knew it was a road . 2 ALDERWOMAN OHARE : You could cut through 3 it at the corner . 4 MR. DAVIDSON : I always thought it was 07:27PM 5 part of Silica . 6 ALDERMAN LESLIE : I had a question in 7 terms of ingress and egress , how many right-in and 8 right-out ? Do you have shared access parking? I 9 don ' t know what the green dots represent , but I 07:27PM 10 was wondering if that entire strip line will have 11 shared access parking . 12 MR . CARRARA: Yes . There is a proposed 13 reciprocal easement agreement on the property, and 14 there is going to be shared access to all of these 07:27PM 15 parcels from -- there is -- we are paying for a 16 stoplight at this intersection up here and going 17 to improve that . You have got looks like a total 18 of three ingress and egresses off of 47 . 19 ALDERMAN LESLIE : Are they right-in and 07:27PM 20 right-out ? 21 MR . HUINKER : There is two right-in 22 right-out -- 23 MR . CARRARA: Yes , two right-in 24 right-out . DepoCourt Reporting Service (630) 983-0030 29 1 MR. HUINKER : -- in the center and there 2 is a full . 3 MR . CARRARA: Yes and this is the 4 stoplight actually . 07:28PM 5 ALDERWOMAN SPEARS : What is the distance 6 between your building and Route 47 ? 7 MR . CARRARA: I believe it is going to 8 be around 200 -- 9 MR . TOMICH : Good evening, my name is 07:28PM 10 Dean Tomich . I am a principal in Crest Lake 11 Holdings . 12 I ' d like to address the first point , 13 the question on the access that you had as far as 14 the frontage road . Where Scott Road right now 07:28PM 15 dumps out to Route 47 , our proposed full access 16 intersection is very close to it . Right now the 17 intersection design studies are being done . 18 Traffic impact studies are being done . Then these 19 access points will be submitted for approval . 07:28PM 20 There is a per se frontage road that 21 will make all of these parcels together . Okay? 22 The traffic will stay up front . It will have easy 23 access into all of the separate parcels . We have 24 designed a right-in right-out on the north portion DepoCourt Reporting Service (630) 983-0030 30 1 of the property as well as one on the south end . 2 The depiction of this retail center 3 here is not completely accurate, and I just want 4 to say we are not really prepared to point 07:29PM 5 specific the development . The engineering will 6 follow as the standard process will , but we can 7 preliminarily answer some questions to you . About 8 250 feet from Route 47 is what is depicted now . 9 I can tell you that on this 07:29PM 10 Parcel 3, this retail center will make a slight 11 bend; and it will be plus or minus 180 feet from 12 Route 47 . Okay? 13 I, think that is all that I really 14 can add, and I just want to say that we are not -- 07:30PM 15 please don ' t feel that we are in tonight rushing, 16 trying to get this thing done and approved . It is 17 strictly a Scott vacation roadway . It is not 18 being used now . We would like to accommodate the 19 retailer on the end . It is critical that they 07:30PM 20 anchor the project , and we will be in for the 21 normal process to follow . 22 MAYOR PROCHASKA: Okay. I would just 23 like to remind Council that is the question before 24 us . It is just the vacation of the road, not the DepoCourt Reporting Service ( 630) 983-0030 31 1 approval of any plan . 2 MR . TOMICH : Correct . 3 MR . CARRARA: And we want to give the 4 Board a real good picture of what we are doing so 07:30PM 5 that you understand why we are asking to vacate 6 the road . So we want to make sure we brought in 7 the site plan and give you the full story . 8 MAYOR PROCHASKA: Okay. Is there any 9 other questions or discussion? 10 (No response . ) 11 MAYOR PROCHASKA: Hearing none , I ' d 12 entertain a motion to close this public hearing . 13 ALDERMAN LESLIE : So moved . 14 ALDERMAN WOLFER : Second . 07:31PM 15 ALDERWOMAN SPEARS : Second . 16 MAYOR PROCHASKA: Moved and seconded . 17 Roll call , please . 18 MS . MILSCHEWSKI : James? 19 ALDERMAN JAMES : Aye . 20 MS . MILSCHEWSKI : Leslie? 21 ALDERMAN LESLIE : Aye . 22 MS . MILSCHEWSKI : Munns? 23 ALDERMAN MUNNS : Aye . 24 MS . MILSCHEWSKI : Ohare? DepoCourt Reporting Service (630) 983-0030 32 1 ALDERWOMAN OHARE : Aye . 2 MS . MILSCHEWSKI : Spears? 3 ALDERWOMAN SPEARS : Aye . 4 MS . MILSCHEWSKI : Wolfer? 5 ALDERMAN WOLFER: Aye . 6 MS . MILSCHEWSKI : Besco? 7 ALDERMAN BESCO : Aye . 8 MS . MILSCHEWSKI : Burd? 9 ALDERWOMAN BURD : Aye . 07:31PM 10 MAYOR PROCHASKA: Motion is carried, and 11 that ends the public hearings for this evening . 12 ( Proceedings were then had 13 which are not herein 14 transcribed . ) 15 * * * * * 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service ( 630) 983-0030 33 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF KENDALL ) 3 I , Nicola Gengler, C . S . R. 4 No . 84-003780 , do hereby certify that I reported 5 in shorthand the proceedings of the above-entitled 6 cause and that the foregoing Report of 7 Proceedings , Pages 1 through 32 , inclusive , is a 8 true, correct , and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid . 11 In testimony whereof, I have 12 hereunto set my hand this 5th day of October, 13 2005 . 14 15 W°6°4— `4'/gWeA 16 Nicola Gengler, C . S . R. 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983-0030 1 1 6 10:12, 11:6, 12:7, 4:10,4:12, 14:18, assist[2]-17:1, 2:14 13:4, 13:10, 14:21, 15:13, 17:11 brought[1]- 1[2]-5:6,33:7 60131-13:17, 13:13, 13:15, 15:24, 16:14, attach[1]- 31:6 15[9]-3:8,5:2, 13:18, 15:16 13:21 16:19, 16:22, 18:17 building[5]- 5:3, 10:5, 10:12, 60563[1]-2:15 act[i]-24:11 16:24, 17:4, 17:6, attached[2]- 21:14,26:9,27:3, 11:6, 12:7, 13:21, 65[1]- 13:22 add[i]-30:14 17:10, 17:13, 16:6, 16:7 27:13,29:6 16:14 680[1)-14:2 additional[4]- 17:21, 18:3, 18:8, attempt[1]- Burd[13)-2:6, 15.580[i]-3:15 6:10, 8:19,26:21, 19:4, 19:5, 19:9, 16:1 3:20,4:1,4:2, 17[2]-17:6, 7 26:23 19:17, 19:19, audience[i]- 19:5, 19:8, 19:9, 17:9 address[4]- 20:9,20:14, 20:1 20:9,20:13, 17903[1]-3:9 7 11]-16:14 9:13, 11:12, 20:22,20:24, available[2]- 20:14,25:15, 180[1]-30:11 70[1]-13:22 13:11,29:12 25:15,26:6, 9:2,15:11 32:8,32:9 70-acre[0]- addressed[2]- 26:15,27:3, Avenue[i]- buying[1]-5:21 2 15:16 8:20, 17:22 27:16,28:2,29:5, 2:15 71[6]-20:8, addressing[1]- 31:15,32:1,32:3, aware[2]-5:1, C 2[11-6:17 21:15,21:22, 13:14 32:9 5:11 20[t]-24:10 22:5,22:20, adjoining[1]- alleviate[i]- Aye[32]-3:24, cannot[1]-15:4 200[1]-29:8 24:13 13:2 25:20 4:2,4:4,4:6,4:8, capture[1]- 2003[1]-3:9 7:0011]-1:15 adjoins[1]- allow[3]-8:18, 4:10,4:12,4:14, 17:16 2005[2]-1:15, 13:15 15:18, 16:17 19:9, 19:11, care[2]-4:18, 33:13 8 Administrator alludeLi]- 19:13, 19:15, 15:9 25[1]-24:11 [1]-2:3 10:16 19:17, 19:19, Carrara[191- 250[1]-30:8 800[1]-1:16 administrator amounts[1]- 19:21, 19:23, 4:20,4:21,6:1, 26[1]-17:23 84-003780[1]- [1]-22:13 18:14 20:14,20:16, 9:18, 15:1, 16:5, 27[1]-1:15 33:4 aerial[q-5:6 anchor[21- 20:18,20:20, 16:18, 16:21, 29th[1]-22:16 84-3780[1]- aforesaid ]- 24:12,30:20 20:22,20:24, 16:23, 17:7, [ 1:14 33:10 angle[3]- 21:2,21:4,31:19, 17:12, 17:15, agenda[3]-3:4, 21:21,25:21, 31:21,31:23, 17:24, 18:7, 3 20:2,20:4 25:24 32:1,32:3,32:5, 28:12,28:23, 3[11-30:10 9 ago 121-21:17, annex111-3:10 32:7,32:9 29:3,29:7,31:3 30[3]-18:4, 9[3]-16:19, 25:6 annexation[9]- carried[4]- 18:7,24:11 16:22, 16:23 agree[1]-14:12 3:13,5:2,6:13, B 4:15, 19:24,21:5, 300[1]-2:15 90,000[1]- agreement]8]- 6:22,7:5,7:8, 32:10 32[4]-11:6, 12:16 3:14,6:22,7:5, 7:12,8:2, 16:10 Bank[i]-3:7 cars[1]-14:2 12:5, 12:6,33:7 9596[1]-9:15 7:8,7:11,7:13, answer[6]-9:6, based[1]-27:7 carved[1]- 37[s]-13:4, 9638[1]-11:11 8:2,28:13 16:6,23:13, Bay[1]-5:15 15:17 13:10, 13:13, agrees[2]- 24:24,25:23, behalf[l]-2:16 case[3]-15:3, . 13:15, 13:21 A 17:1, 17:11 30:7 behind[2]- 24:3,26:21 380[1]-2:15 Agricultural[l]- Anton[i]-2:3 17:19,21:13 catch[1]-16:10 Art[1]-3:11 3:11 apologize[1]- bend[1]-30:11 center[4]-5:9, able[3]-12:17, ahead[1]-5:12 18:2 Besco]9]-2:5, 29:1,30:2,30:10 4 13:18, 15:23 Alderman[35)- Appeared[1]- 3:23,3:24, 19:22, centers[1]- 4[1]-14:22 above-entitled 2:5,2:7,2:8,2:9, 2:16 19:23,21:3,21:4, 22:7 royal 47114]-3:17, [2]-1:13,33:5 2:12,3:19,3:24, approval[s ]- 32:6,32:7 Centex[i]-5:15 6:9,20:8,21:15, access[8]-9:1, 4:4,4:6,4:8, 6:20,6:21, 16:9, better(2]-5:10, certain[4]- 21:22,22:5, 28:8,28:11, 4:14, 19:11, 29:19,31:1 25:22 24:2,24:4,24:5, 22:20,24:13, 28:14,29:13, 19:13, 19:15, approved(1]- between[1]- 24:8 25:19,28:18, 29:15,29:19, 19:21, 19:23, 30:16 29:6 certainly[1]- 29:6,29:15,30:8, 29:23 20:10,20:16, approving[1]- bit[0]-21:19 27:23 30:12 accommodate 20:18,20:20, 17:18 blank[1]-16:17 certify[1]-33:4 ]i]-30:18 21:2,21:4,24:23, area[14]-5:12, Board[i]-31:4 cetera[1]-26:5 according[1]- 25:9,25:12, 6:14,7:20,8:9, board[1]-22:24 character pi- 5 26:9 27:17,28:6, 8:21,9:21, 14:24, break[1]-6:15 7:24 5]1] 15:24 accurate(�]- 28:19,31:13, 15:3, 15:5,15:7, breaking[i]- city[11-16:15 50-foot[1]-7:22 30:3 31:14,31:19, 22:8,26:7,26:23, 22:18 City[211-1:9, 5th[1]-33:12 acre[s]-9:24, 31:21,31:23, 2723 bringing[1]- 2:3,2:4,2:16, 10:3, 10:18, 32:5, 32:7 areas[1]-8:1 23:8 3:10, 3:12,8:16, 10:21, 10:22 Alderwoman Arthur[i]-2:2 Bristol[2]-3:17, 8:18, 9:2,9:11, acres[13]-3:15, [42]-2:6,2:10, aspects[i]- 5:15 12:11, 17:1, 5:2,5:3, 10:5, 2:11,3:20,4:2, 5:18 Bromberek[1]- 17:10, 17:16, DepoCourt Reporting Service ( 630) 983-0030 2 17:18, 17:20, 3:15 33:16 13:6,25:5 E F 22:13,22:15, continue[1]- cut[2]-27:12, Development[3] 23:9,24:19, 22:23 28:2 -5:15,22:14, eager[]-24:9 face[1]-7:23 24:21 contract[1]- cuts[i]-21:21 23:19 easement[2]- Facility[2]- classified[1]- 22:9 development[s] 27:11,28:13 5:17,5:18 6:6 copy[1]-16:8 D -5:19,5:20,6:4, easements[2]- facility n j- clear[1]-23:6 Cornelison- 6:7,6:12,7:15, 17:16, 17:19 24:10 Clerkji]-2:4 3:7,3:16,4:23, D-773205[0]- 15:6,22:2,30:5 east[4]-3:16, falling 01-11:2 close[5]-10:21, 7:13,7:22,7:24, 1:24 developments 6:4,6:6,7:14 family[2]-3:12, 10:22, 19:2, 9:1,9:15, 9:17, dated[1]-3:8 [1]-8:24 East[ij-2:15 13:7 29:16,31:12 9:22,9:23, 10:22, Davidson[7]- diagram[q- easy[ij-29:22 far[2]-25:9, closer[3]- 10:23, 11:11, 21:7,21:8,25:3, 21:20 Economic[2]- 29:13 26:10,27:4, 12:14, 14:6, 25:11,25:21, diligently[1]- 22:14,23:19 Farmjij-1:16 27:10 17:17 27:22,28:4 23:21 egress[ij-28:7 farm 01-6:5 closing[2]- corner[15]- deadlines[1]- dimensions[1]- egresses[1]- fee[0]-18:17 22:12,22:16 20:8,21:15, 24:8 16:13 28:18 fees[s)-14:7, coming[s]- 21:22,22:2,22:5, deal[ij-11:21 directly[1]- eliminate[i]- 14:8, 14:9, 18:16, 10:14, 11:17, 22:20,23:23, dealing[2]- 9:15 9:1 18:22 12:14, 14:3, 24:10,24:12, 5:20,21:12 dirt[,j-27:20 end[3]- 15:19, feet[2]-30:8, 22:18 26:7,26:10, Dean[zj-2:12, discuss[2]- 30:1, 30:19 30:11 comment[2]- 26:14,26:15, 29:10 20:5,20:7 ends[1]-32:11 few[2]-7:9, 9:10,24:19 27:11,28:3 decades[i]- discussing ji]- engineer[1]- 23:14 comments[4]- Corporationji]- 21:17 3:6 25:22 Fifthjij-2:15 14:16,23:14, 23:19 decision[1]- discussion[3]- engineering[ij financial[1]- 23:17,24:22 corporations[ij 22:23 7:17, 19:2,31:9 -30:5 22:6 commercial[s]- -24:2 dedicated[2]- discussions[ij Engineering[i] finish ji]-13:13 6:8,6:10, 12:12, Correct[2j- 8:23,21:16 -8:7 -26:20 firm[1]-4:21 22:1,25:1,25:7, 27:15, 31:2 degrees[i]- distance[il- entertain[4]- first[7]-5:4, 26:2,26:4 correct[s]- 16:17 29:5 3:5, 19:2,20:6, 7:20, 10:20, Commission[3] 17:8, 18:6, 18:22, demonstrative district[2]- 31:12 14:22, 16:15, -6:19,6:22, 27:22,33:8 [2j-5:5,6:16 3:13, 17:23 entire[3j- 18:4,29:12 22:14 correctly[2]- Department[2]- dollar[0)-18:14 24:12,28:10 fit[1]-13:19 Commissions 18:15, 18:22 8:8,18:1 dollars[i]-23:9 entitled[2]- flexibility[1]- [1]-7:2 Council[i i - depicted[1]- donate[ij-8:10 1:13, 33:5 8:18 committees[1]- 1:9,9:11, 14:17, 30:8 done[6]-8:21, entrance[1]- floor[2]-9:9, 24:5 18:14,22:4, depiction[1]- 11:5, 11:19, 7:15 23:16 comp[1]-13:16 22:22,23:1, 30:2 14:24, 18:21, entry[ij-8:12 flow[i]-15:9 Company[1j- 23:20,24:19, depth[1]-26:2 29:17,29:18, errors 01- 18:2 folks[i]-23:10 3:8 24:21,30:23 describe[1]- 30:16 especially[i]- follow[2]-30:6, complete[1]- country[1]- 16:1 dots[1]-28:9 24:14 30:21 33:8 14:5 design[2]- down[1 0]-6:15, essentially[1)- force[1]-17:20 completely[1]- County[4]-1:5, 15:16,29:17 7:13,9:23, 10:23, 21:13 forego[1]- 30:3 3:11,3:17,33:2 designating[1] 11:17, 12:14, Estates[i]- 22:22 concern[1]- county[1]-14:8 _8:3 12:17,21:15, 25:5 foregoing[1]- 7:19 course[2]- designed[1]- 23:11,25:13 et[p]-26:5 33:6 concerning[i]- 10:10,22:22 29:24 draft[3]-7:5, evening 14j- forgot 0)- 8:20 covered[1]-7:8 detailed[1]- 17:8, 18:2 4:20,9:7,29:9, 10:15 concludes[0]- create[2j-24:9, 16:11 drainage[i]- 32:11 forward[2]- 9:4 24:11 Detention[2]- 5:21 examine[1]- 9:12, 17:9 condition[ij- Creek[1]-10:11 5:16, 5:18 drawing[0j- 9:10 front[2]-7:23, 22:11 Crest[3]-21:8, detention[8]- 26:9 excited[2]- 29:22 conditions[3j- 22:9,29:10 5:22,8:6,8:13, driven[2j-9:23, 23:8,23:11 frontage[s]- 6:23,7:1,7:9 critical[1]- 14:23, 15:3, 15:8, 10:23 Excuse[i]-17:4 7:14,25:17, connected[1]- 30:19 15:18 Dubajicj3]- exhibit[3]-5:5, 25:19,29:14, 12:11 cross[1]-9:10 determined[3]- 23:13,23:18 16:6, 16:7 29:20 consider[2]- cross-examine 8:8,8:15, 8:17 Due[1]-12:9 Exhibit[2j-5:6, fruition jij- 8:24, 11:6 [1]-9:10 develop[3]- dumps ji]- 6:17 24:16 consistent[1j- Crossing[2]- 15:19,23:7, 29:15 explained[1]- full[5]-8:23, 6:14 3:7,4:24 25:19 during[1]-7:18 9:20 16:8, 29:2,29:15, consists[1]- Csr[2]-1:14, developed[2]- extend[0]-25:9 31:7 DepoCourt Reporting Service ( 630) 983-0030 3 fully[0]-7:8 herein[2]-3:2, initial 121-6:21, lawyers[1]- 26:17,27:9, 11:10, 11:22, future[5]-6:6, 32:13 7:4 23:6 30:22,31:8, 12:15, 12:23, 8:24,24:17, hereunto[1]- instead[2]- lead[2]-8:16, 31:11,31:16, 13:5, 13:8, 13:11, 26:21,27:1 33:12 8:15, 10:6 8:17 32:10 13:24, 14:4, Hili]-11:10 institution[1]- leave[i]-8:17 mean[1]-27:22 14:11 G high[1]-22:6 22:6 left[2]-9:21, meant[1]- Holdings[3]- interested[1]- 16:15 10:24 N Game[1]-1:16 21:9,22:10, 23:23 Leslie[12]-2:8, meet[1]-24:7 Gary[i]-21:8 29:11 interesting 01- 4:5,4:6, 19:12, meeting[2]- name[6]-4:20, Generally[l]- homes[41- 9:20 19:13,20:17, 6:20,22:24 9:13,9:14,21:8, 15:14 10:17, 13:17, intersection[4] 20:18,28:6, mentioned[3]- 26:18,29:9 generally[1]- 13:18, 13:23 -26:22,28:16, 28:19,31:13, 5:17,7:10, 11:15 Naperville[1]- 18:17 Honor[1]-24:23 29:16,29:17 31:20,31:21 met[1]-24:3 2:15 Gengler[2]- hope[1]-11:1 issue[3]-17:8, less[2]-9:24, might[1]-11:17 national]5]- 1:14,33:16 hopefully[1]- 21:24,23:4 23:3 mile[0]-3:16 22:4,22:10, Gengler,c.s.r[i] 22:7 issues[8]-5:21, Letteg1]-15:24 Milschewski 22:17,23:21, -33:3 hour[1]-1:15 7:7,8:19, 11:12, line[4]-16:15, [331-2:4,3:23, 24:7 glad[1]-23:13 house[1]-7:23 13:17, 15:3, 15:9, 18:4,27:12, 4:1,4:3,4:5,4:7, near[2]-6:9, golf[1]-10:10 housekeeping 16:11 28:10 4:9,4:11,4:13, 24:17 gorgeous[1]- [1]-23:4 live[3]-11:11, 19:8, 19:10, necessary[5]- 9:23 houses[4]- J 11:19,23:10 19:12, 19:14, 8:10, 15:9, 15:20, Gozner[3]- 10:16, 10:17, LIg2]-3:7,4:24 19:16, 19:18, 17:17,24:7 9:14,9:19 11:6, 12:22 Jackie[i]-2:4 locate[1]- 19:20, 19:22, need[5]-5:23, Graff[ii]-2:3, Huinkerp]- James[1i]-2:7, 27:14 20:13,20:15, 7:5,8:24, 11:4, 11:24, 12:6, 26:14,26:19, 4:3,4:4,19:10, located[2]-5:9, 20:17,20:19, 15:22 12:19, 13:1, 13:6, 27:6,27:15, 19:11,20:10, 20:7 20:21,20:23, needed[1]- 13:10, 13:13, 28:21,29:1 20:15,20:16, look[7]-10:12, 21:1,21:3,31:18, 26:22 14:2, 14:6, 15:14 27:17,31:18, 10:13, 10:15, 31:20,31:22, neighbors[1]- grammar[1]- I 31:19 11:4, 12:3,17:3, 31:24,32:2,32:4, 7:19 18:4 Jason[i]-2:8 18:5 32:6,32:8 nervous[2]- green[7]- identify[1]- jobs[1]-24:11 looking[3]- minimum[1]- 10:1, 10:11 12:21, 12:24, 16:12 John[l]-2:16 13:20, 13:22, 12:1 never[2]- 13:2,26:7,26:16, 'dot[i]-22:19 Johris[1]-7:6 26:8 minor[1]-18:2 21:17,27:23 27:1,28:9 Illinois[6]-1:3, Joseph[]-2:5 looks[1]-28:17 minus[1]- new[i]-24:11 grew[q-27:23 1:16,2:15,3:18, Low)-11:10 30:11 Next[2]-3:4, ground[0]- 4:22,33:1 K Lynn[3]-22:13, money 111-8:11 20:4 22:19 Immediately[1] 23:18,24:24 month[i]- next[0]-22:23 groups[1]- -5:15 Kendall[4]-1:5, 22:17 nice[2]-10:17, 18:16 impact 14]- 3:11,3:17,33:2 M Motion 14]- 26:8 12:9, 12:12, Kevin[l]-4:21 4:15, 19:24,21:5, Nicola[3]-1:14, H 14:10,29:18 kind[3]-5:13, major[2]- 32:10 33:3,33:16 important[2]- 9:21,21:21 17:22,22:4 motion[4]-3:5, none[2]-9:24, half[1]-3:16 5:19,24:1 known[1]-3:9 marked[2]-5:5, 19:2,20:6,31:12 31:11 hand[1]-33:12 improve[i]- 6:17 move[11-27:4 normal[2]- handle[a]- 28:17 L Marty[i]-2:9 moved 141- 22:22,30:21 11:16, 14:1, 14:9, improved[2]- Mary[2]-9:14, 3:19, 19:4,20:9, north[s]-3:16, 15:23 14:7, 14:9 lake[3]-12:22, 11:10 31:13 5:14,5:15, 8:4, happy[0]-9:5 Improved[l]- 15:16, 15:17 matter[l]-1:13 Moved[4]- 12:19, 15:19, hard[1]-21:19 14:11 Lake[3]-21:8, Mayor[34]-2:2, 3:21, 19:6,20:11, 25:10,29:24 Hearing[3]- improvement 22:9,29:10 3:4,3:21,4:15, 31:16 northwest[2]- 1:10, 19:1,31:11 [1]-22:19 land[1]-6:5 5:23,9:8, 11:9, moving[2]- 20:8,24:13 hearing[11]- inclusive[1]- landscaping[2] 11:20, 11:23, 22:18,26:10 notes[1]-33:9 1:13,3:6,3:13, 33:7 -25:11,26:8 12:4, 12:20, Munns[12]- nothing[1]- 4:16,7:18, 18:20, incorporated[2] Landscapingi] 14:14, 14:16, 2:9,4:7,4:8, 27:10 19:3,20:5,20:6, -7:3,7:4 -25:12 14:20, 18:10, 19:14, 19:15, number[1]- 21:6,31:12 individual[1]- lanes[2]-26:21, 18:12, 19:1, 19:6, 20:19,20:20, 6:23 hearings[2]- 27:6 27:2 19:24,20:11, 24:23,25:9, numbering[1]- 21:5,21:7,23:15, 25:12,31:22, 17:7 3:5,32:11 inform[1]-22:3 last[2]-6:20, 31:23 Heitz[i]-2:14 ingress[2]- 18:4 24:18,24:21, numbers[2]- hereby[1]-33:4 28:7,28:18 law[0]-4:21 25:14,26:11, Munson[»]- 14:21, 16:4 DepoCourt Reporting Service (630) 983-0030 4 O 17:5, 17:7 Peter[1]-26:19 22:1 put[i]-8:9 30:23 Page[iii- petitioner[3]- principal[i]- putting[1]- Repork2]-1:12, Oak[i]-10:11 14:22, 15:24, 3:14,4:18,9:10 29:10 8:15 33:6 obviously[s]- 16:14, 16:19, petitioner's[1)- problem[1]- reported 0)- 8:10, 15:6,21:23, 16:22, 16:23, 4:23 15:13 Q 33:4 22:1,25:6 17:6, 17:9, 17:23, petitioners[2]- problems[i]- represent[3)- Obviously[2)- 18:4, 18:7 3:9,4:17 25:20 quadrant[1]- 7:21,21:8,28:9 7:5,21:19 Pages[i]-33:7 picky[i]-17:2 Proceedings[4) 24:13 representative October[i]- paper[i]-10:7 picture[1]-31:4 -1:12, 3:1,32:12, quality[0)-22:6 [0)-4:18 33:12 parallel[q- piece[3]-10:5, 33:7 questioned[1]- representing[0) office[1]-7:7 25:19 10:18,25:4 proceedings r] 18:9 -4:23 Ohare[2s)- parcel[4]-5:9, place[3]-23:11, -33:5 questions[s]- request pi- 2:10,4:9,4:10, 10:5, 13:3,25:5 24:4,33:9 process[4]- 9:6,23:12,23:17, 3:10,23:24, 14:18, 14:21, Parcel[1)- plan[7]-8:22, 7:18,24:4,30:6, 24:22,30:7,31:9 26:22 15:13, 15:24, 30:10 12:21, 13:3, 30:21 require[i]-12:1 16:14, 16:19, parcels[3]- 13:16,27:6,31:1, Prochaska[33]- R required[4]- 16:22, 16:24, 28:15,29:21, 31:7 2:2,3:4, 3:21, 11:21, 12:2, 12:7, 17:6, 17:10, 29:23 Plan[3]-6:19, 4:15,5:23,9:8, R2[0)-3:12 18:16 17:13, 17:21, park[2]-12:22, 6:22,7:1 11:9, 11:20, ran[1)-21:13 requirements 18:3, 18:8, 19:16, 17:23 planned[3]- 11:23, 12:4, range[i]-13:16 [i[-26:5 19:17,20:21, parking[4]- 26:14,26:20, 12:20, 14:14, Rathjeli]-4:21 residence[i]- 20:22,26:6, 26:5,27:20,28:8, 27:4 14:16, 14:20, read[i]-10:7 3:12 26:15,27:3, 28:11 plat[N2]-6:18, 18:10, 18:12, real[2]-3:14, residential[3]- 27:16,28:2, Parks p)-8:8, 7:3,7:12, 8:2, 19:1, 19:6, 19:24, 31:4 6:7,6:12,25:3 31:24,32:1 18:1 16:7, 16:8, 16:9, 20:11,21:5, reality[l]- residents[3]- old[3]-11:3, Part[1]-17:17 16:12,21:16, 23:15,24:18, 25:23 9:22,24:14,25:2 21:13,21:16 part[16]-5:16, 23:5,27:18 24:21,25:14, really loo]-5:23, response[5]- one[14]-3:12, 6:13,6:21,7:1, pleased[2]- 26:11,26:17, 8:21,9:4, 10:6, 14:15, 18:11, 3:16,5:18,9:24, 7:10, 7:11,7:12, 22:3,24:15 27:9,30:22,31:8, 21:17,21:22, 18:24,24:20, 10:20, 10:22, 8:1,8:6,8:7, plus[i)-30:11 31:11, 31:16, 23:3,27:19,30:4, 31:10 11:24, 13:15, 11:20, 13:2, 13:5, Pm[1]-1:15 32:10 30:13 rest[2]-10:13, 14:22, 17:21, 16:16, 18:19, pod[t]-6:8 project[2]- reason[i]-5:17 10:21 17:22, 18:3, 18:9, 26:12,27:20, point[9]-8:9, 24:16, 30:20 recap[1]-5:13 restaurants[1]- 30:1 28:5 8:12,9:3, 13:12, projected[1] receive[z]- 22:7 one-family[1]- particular[i]- 15:4, 15:12, 26:13 6:19, 15:4 restrict[i)- 3:12 21:20 15:20,29:12, property[is] recently r)- 16:12 one-half[i]- partly[0]-26:11 30:4 3:14,5:7,5:8, 21:14 restrictions[i)- 3:16 pass)2]-6:23, points pi- 5:14,5:16,8:20, reciprocal[1)- 8:3 open[4]-9:9, 12:13 29:19 10:18, 11:5, 28:13 retail[s]-22:2, 12:21,23:15, passed[1]- portion[3]-8:5, 12:10, 12:12, recommendati 25:8,26:1,26:4, 26:7 18:20 25:7,29:24 13:2,27:12, 30:2, 30:10 ons[1]-7:2 opportunity[2]- passionate[1]- possible[1)- 28:13,30:1 recommended retailer[s]- 10:4, 10:20 10:2 6:3 proposed[3]- [1]-15:15 22:5,22:10, option[0)-9:2 pathway[0]- possibly[i]- 27:7,28:12, record[1]- 22:17,23:21, ordinance[3]- 8:14 13:22 29:15 26:18 24:7, 30:19 12:2, 12:7,27:7 Paul[1i-2:7 potential[1]- proposing[2] recorded o)- retailers o]- overland[1]- paved[l]- 11:16 15:5, 15:10 21:17 23:22 15:9 27:18recedent provides[p]- P [ ]- regards[i]- rezone[1]-3:11 overview[1)- paying[i]- 22:12 22:10 12:12 right-in[s]- 5:13 28:15 preliminarily[i] Public[0]-1:10 28:7,28:19, Regionak2)- owned[i)-13:3 people[2]- -30:7 public[13]-3:5, 5:16,5:17 28:21,28:23, owner[p]- 11:17, 11:18 preliminary[4]- 3:6,4:16, 5:24, regional[3]- 29:24 17:11 per[2]-12:2, 6:17,6:18,7:3, 7:18, 18:20, 19:3, 5:22,8:6, 8:13 right out[s]- 29:20 16:9 20:4,20:6,21:6, release[1]- 28:8, 28:20, P perfect[2]- prepared[i]- 21:24,31:12, 12:13 28:22,28:24, , 10:4, 10:19 30:4 32:11 remaining[1]- 29:24 [ ] purpose package[i]- permanent[1]- Present -2:1 P rp [3]- 25:4 Roacl20]-1:16, 5:3 15:21 presentation[2] 3:6,21:23,26:1 rememberpi- 3:16, 7:13,7:22, page[5]-14:18, person[2]- 4:19,9:5 purposes[] 8:5 7:24,9:2,9:15, 14:19, 14:21, 17:18,25:22 prevents[il- 6:16 remind 0)- 9:22, 9:23, 10:23, DepoCourt Reporting Service ( 630) 983-0030 5 10:24, 11:11, 3:20, 19:5,20:10, south[4]-7:19, 25:5 Trust[2]-3:8, wants[0)-22:17 14:6, 17:17,20:7, 31:14, 31:15 10:16,24:15, surprised[i1- 3:9 water[2]-5:21, 21:12,22:11, seconded[4]- 30:1 27:24 trustee[1]-3:8 13:17 23:1,24:6,29:14 3:21, 19:6,20:11, space[6)- surrounding[2] try[2]-6:1, watershed[1]- road[29]-7:14, 31:16 12:21, 12:24, -5:7,8:1 25:20 15:10 10:24, 11:16, see[n-5:8, 13:3,26:2,26:8, surrounds[1)- trying[3]- west[4]-6:7, 11:18, 12:18, 5:24,6:2,7:13, 27:1 6:8 16:10,25:18, 6:9,7:14,9:1 12:23, 13:1, 8:22, 11:15, Spears[13]- survey[3]- 30:16 Westbury[]- 13:23, 13:24, 21:20 2:11,4:11,4:12, 11:15, 11:19, turn[4]-5:10, 6:11 14:3, 14:5, 14:7, separate[i)- 17:4, 19:4, 19:18, 12:8 5:24, 15:21,27:2 wetland[1]- 14:8, 14:9,15:6, 29:23 19:19,20:23, system[3]- two[2]-28:21, 15:16 21:16,21:17, September[2]- 20:24,29:5, 5:22,8:7,8:14 28:23 wetlands[11- 21:20,25:16, 1:15,3:8 31:15,32:2,32:3 14:23 25:17,27:17, series[i]- specific[1]- T U Wheaton[1]- 27:20,27:24, 23:22 30:5 4:22 28:1,29:14, serious[1]- spelling[1]- tables[0]-24:3 under[1]-13:15 whereof[l]- 29:20,30:24, 21:24 18:6 tax[1]-23:9 unfortunately 33:11 31:6 serve[1]-26:1 spring[1]- temporarily[i]- [1]-22:15 width[1]-16:2 roads[i]-25:19 served[i]- 22:18 26:24 Unfortunately winding[i]- roadway[4]- 21:22 Ss[2]-1:4,33:1 temporary[s]- [0]-24:1 10:24 9:16,21:13, set[2]-26:24, staff[4)-7:17, 14:23, 15:2, 15:8, unincorporate wishes 01-13:7 30:17 33:12 8:7, 15:2,22:15 15:18, 15:21 d[i]-7:20 Wolfer[11]- roll[3]-3:22, setback[0]- standard[1]- ten[i]-25:6 unique[2]- 2:12,3:19,4:13, 19:7,20:12 7:22 30:6 terms[2]-15:2, 10:6,11:4 4:14, 19:20, Rolkl]-31:17 severe[l]- Standard[ )- 28:7 United[3]-2:16, 19:21,21:1,21:2, rooftop[7]- 21:21 3:7 testimony[1)- 3:10,3:12 31:14,32:4,32:5 10:7, 10:8,11:3 shared[3]- standpoint[2]- 33:11 units[i]-12:6 wondering[2]- rooftops[1]- 28:8,28:11, 21:23,21:24 theory[i] unsure 0]-8:12 25:15,28:10 12:16 28:14 start[]-22:18 27:18 up[11]-6:2,7:6, Woodward[l1- room[1]-28:1 shop[1]-23:12 starts 0)-16:16 three[0]-28:18 8:5,15:5, 15:7, 4:22 Rose[i1-2:11 shorthand 12)- state[3]-9:12, tiny[1]-14:4 16:10, 18:5,23:7, word[4]-14:11, Route[9]-3:17, 33:5,33:9 26:17,26:20 today[3]-4:23, 27:23,28:16, 16:15, 18:5, 18:6 6:9,20:8,21:22, show[2)-6:16, State[2]-1:3, 5:2,5:4 29:22 Wyeth[2]-2:14, 29:6,29:15,30:8, 6:18 33:1 together[i]- useful[1]-26:1 2:16 30:12 shows[i]-27:5 state's[2]- 29:21 Uta[i)-3:8 runs[2]-7:14, side[4]-3:16, 26:12,26:13 Tomich[3]- utilized[1]- Y 21:20 10:16,23:11, statement[1]- 29:9,29:10,31:2 21:18 rushing[1]- 24:15 9:11 tonight[s]- years[1]-25:6 30:15 sidewalk[31- stay[3]-7:24, 20:2,21:11,23:2, V Yorkville[121- 8:9,8:11,8:15 26:7,29:22 23:24,30:15 1:9, 1:16,2:17, S sign[1]-27:19 stays[1]-11:1 Tony[l]-11:23 vacate[2]- 3:10,3:12, 10:14, Silica[3]-21:14, stick[1]-11:6 top[5]-16:20, 25:17,31:5 21:10,22:14, safety[0]- 27:21,28:5 still[1]-16:9 16:22, 17:10, vacation[a]- 23:9,23:18,24:9, 21:24 single[11-13:7 stoplight[2]- 18:4, 18:8 20:5,20:7,21:12, 24:15 Sand[2]-21:14, site[1]-31:7 28:16,29:4 torn[1]-21:15 22:11,23:1,24:6, 27:21 six[0]-6:24 storm[1]-5:21 total[i)-28:17 30:17,30:24 Z satisfied[1]- sizes[3]-16:2, story 0)-31:7 touch 01-7:6 Valerie[2]-2:6, 6:24 16:11, 16:12 street[i]-27:19 Township[]- 25:14 zoning[5]-5:6, satisfy[1]-15:8 slight[1]-30:10 strictly[2]- 3:17 view[0)-5:10 6:12,6:14, 11:13, saw[1]-21:14 small[0]-10:5 25:7,30:17 traffic[a]-11:1, Village[2]-6:11, 27:7 schedule[1]- Smith[i)-26:19 strip[2]-22:7, 11:15, 11:16, 8:23 18:17 sometimes[1]- 28:10 11:19, 12:8, 14:9, volume[1]- scheduled[2)- 24:1 studies[2]- 25:20,29:22 15:23 22:16,22:24 somewhere[2]- 29:17,29:18 Trafcr)-29:18 vote[4]-20:2, Scotty)-20:7, 13:16, 13:22 submitted[1]- transcribed[2]- 20:3,23:1,23:24 21:12,22:11, sorry[6]-6:1, 29:19 3:3,32:14 23:1,24:6,29:14, 10:1, 16:21, 17:6, suggestion[1]- transcript[1)- W 30:17 17:9, 18:7 7:21 33:8 se[1]-29:20 sounds[1]- Suite[)-2:15 tried[1]-17:8 Wanda[31- Second[5]- 17:1 Sunflower[1]- true[1]-33:8 2:10,15:14, 17:4 DepoCourt Reporting Service (630) 983-0030 Page 1 of 8 ORAF11 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, August 16, 2005 - 7:00 p.m. In Attendance: Ci Art Prochaska -Mayor John Wyeth—City Attorney Paul James—Alderman Traci Pleckham—Finance Director Val Burd - Alderwoman Eric Dhuse—Public Works Director Jason Leslie—Alderman Bill Powell—City Treasurer Rose Spears -Alderwoman Laura Brown—Executive Director, Dean Wolfer—Alderman Parks &Recreation Joe Besco—Alderman Tony Graff—City Administrator Wanda Ohare -Alderwoman Bart Olson—Intern/Deputy City Clerk Marty Munns—Alderman Guests Lynn Dubajic— Allecia Vermillion—The Beacon News Economic Development Director Kathy Farren—Kendall County Record SEE ALSO ATTACHED GUEST LIST OF PUBLIC IN ATTENDANCE The meeting was called to order at 7:02pm by Mayor Prochaska. He explained the format of the meeting to the large group of persons in attendance. Since many of those persons were present for the discussion regarding the use of the Beecher Building and the Senior Facility Agreement, the Mayor moved these items to the beginning of the agenda. History The Mayor gave an overview of the history of these agenda items. The Countryside Center Shopping Center will be redeveloped and the Senior Center located there will be displaced. The developers at Countryside offered to assist in finding another location for the Senior Center. Mayor Prochaska formed an Ad Hoc committee to research an alternative facility and many of those committee members, as well as others, were present at this meeting, to discuss an alternative facility. The first solution considered was a temporary facility and the second solution was to provide for a long-term facility. The Mayor commented he felt it was very important to maintain such a Center in Yorkville and the Beecher Center was suggested as a temporary facility. It was originally used as such,however, the Senior Services outgrew the facility and moved. The Salvation Army remained at Beecher and provided the Golden Diners Program, Meals on Wheels and other programs. The Mayor stated that he thought the Senior Services should be allowed to stay at Beecher since it already has kitchen equipment in place. Page 2 of 8 Discussion The Mayor then opened the floor for discussion. Rita Murphy, a volunteer at Golden Diners and a member of the Ad Hoc committee, then spoke. She felt it was important to maintain the Seniors Services in Yorkville and to not restrict the use of the facility to Yorkville residents. She was also concerned about a newspaper article which she felt was sending a message that the seniors were going to force the kids' activities in the former Castle Bank basement. Mayor Prochaska said the owners of that building are agreeable to allowing Parks and Rec to use the lower level. Alderman Munns commented that the Council must keep in mind that these seniors have paid taxes over the years and deserve to have use of the Beecher building. In addition, Alderwoman Spears expressed her concern regarding the possible disruption of programs if they were moved to the Castle Bank site. She also had spoken with many of the seniors who attend the programs provided and felt that all seniors should be welcome in Yorkville regardless of where they live. She said that many Yorkville seniors also attend Golden Diner meals in Montgomery and Aurora and are welcomed there. Over the last few years,budget line items for senior services have been requested according to Ms. Spears and some development fees should be allocated for senior services. In conjunction with Ms. Spears' suggestion, the Mayor noted that Yorkville is now seeing age- targeted communities that pay land cash and he suggested those funds could be applied to a senior facility. Prairie Gardens in southern Yorkville and an area in Grande Reserve are examples of age-targeted communities. Del Webb is also considering a development. Alderwoman Ohare directed a question to Senior Services Director Bette Schoenholz asking where funding came from for the services provided. Ms. Schoenholz replied that one-third came from each of the following: 1) County, 2) federal and state funds and 3) from fundraisers, United Way, donations etc. Ms. Schoenholz said that staff will be needed when a senior center is finally built and that it is important to partner with other agencies that can provide the needed staff. Social services as well as recreation are needed for any senior center. She added that her agency has been given the opportunity to go to Oswego, however, the likelihood of coming back to Yorkville when a senior center is built, is very unlikely. The current Senior Services is self-supporting according to Ms. Schoenholz. They have their own insurance, are a non-profit entity and the City is not responsible for funding the service. Alderman James suggested that perhaps the current Parks activities should be kept at the Beecher Center since the sports fields and playground were already there. None of those amenities are present at Castle Bank. Mayor Prochaska added at this point, that it didn't make good sense to spend a lot of money on remodeling Castle Bank when it would be just a temporary solution. Alderman James asked if Senior Services had approached places such as the American Legion or area churches about using some of their space. Ms. Schoenholz replied that some facilities are not handicap-accessible,but that Harold Oliver had offered the group some space in Oswego. In addition, since the Senior Services lease was not able to be fulfilled in Countryside Center, Mr. Oliver will owe Senior Services money. Page 3 of 8 Another issue discussed was the fact that Ms. Schoenholz does not have adequate staff to break down tables and chairs each night in other locations. She also said that as the steward of grant money received, she would not put the money($260,000) into a temporary facility. Mayor Prochaska asked the question: if Senior Services moves out of Yorkville, is the City ready to re- formulate budgets and provide staff to provide the services that would be absent. Alderman Besco questioned the cost of moving all the present programs and renting other space. These costs are being worked on with the developer and hopefully, at no cost to the City. Aldermen Leslie and Burd concurred that Yorkville needs to support the seniors and said a message of the importance of that support is being sent to younger generations. Ms. Schoenholz said she would make every effort to include inter-generational programs available to help promote good relations between seniors and youths. More classes for the seniors should be offered through the Park District as suggested by Ms. Spears. The Mayor said that not many senior programs are offered through the Park District since other organizations provide those types of services. Mayor Prochaska stated that Laura Brown is researching private/public partnerships with the City and he has also been contacted by two separate groups interested in such a partnership for the Senior Center. He also said he wants to see the services stay in Yorkville and noted that the City has the benefit of other agencies currently staffing the senior services. Resident Doris Dick then spoke and suggested that the upstairs of the Castle Bank be remodeled for the seniors and that assistance could be requested from Harold Oliver. She did not believe that the children should be brought to this future construction zone. In summary, Mayor Prochaska said a consensus is needed to move forward with some remodeling of the Beecher Center for use by Senior Services. An informal poll was taken of the Council members with the majority favoring moving forward. He also pointed out that these updates to the Beecher Center would not have been made otherwise so that the City is benefiting, in addition to keeping the Senior Services in Yorkville. An agreement with Senior Services and the Tri-Land Group will be brought before the Council at a future C.O.W. Alderwoman Wolfer asked that the land cash matter be considered a priority. The Mayor thanked members of the public who attended the meeting for this discussion. This portion of the meeting concluded at 8:20p.m. DETAIL BOARD REPORT BILL LIST): The following inquiries/explanations were made regarding the bill list: 1. Page 2 - Kenneth Baker contracted for sanding and repainting of front doors 2. Page 12—Administrative lunch for painters who were required to finish the front door paint job quickly in anticipation of a visit by Senator Durbin. The painters worked through lunch in 95° heat. 3. Page 12—Administrator Graff noted the City was double-billed for the ICMA conference and will be receiving a refund. Page 4 of 8 4. Page 34—Labor attorney provided employee training on sexual harassment for employees. Alderman Munns suggested other alternatives should have been explored that would not result in such high costs ($1,508.20). Mr. Graff said this attorney would be the one to defend the City if such a case were brought forward. 5. Page 30—Water operations—sign lettering for watering ban ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA Mayor Prochaska said that there was a number of items recommended for the consent agenda and asked if there was any discussion on these items. Ms. Ohare inquired about the pavement striping(item#5) in front of Menards and why the City was paying for it if they did not have jurisdiction there. It was clarified that the streets in that location are City property. She also commented on item#12, Letter of Credit Reduction for F.E. Wheaton and said that Mr. Wywrot had recommended a policy regarding letters of credit reduction. She asked if the policy matter should be brought before the Administration committee. Alderman Munns asked the City Administrator what fees were covered in the City policy, for the NIU class the Administrator is enrolled in. The Administration will be reviewing the tuition reimbursement policy in October. MAYOR 1. Coffee with the Mayor,August 2e at York Meadow Apartments Mayor Prochaska noted the time and place of the next coffee. 2. Senior Facility Lease Agreement Discussed at the beginning of this meeting. 3. Special Meeting with Dr. Gabris -August 30th at 6:30pm The Mayor noted this meeting date and said that an IML representative would be present as an independent observer. The City Treasurer and Clerk will be asked to attend as well. A volunteer sign-up sheet for the Riverfront Festival was passed around by the Mayor on behalf of Glory Spies. CITY ATTORNEY 1. PC 2005-40 Menard's Commercial Commons Third Addition—Plan Comm. 8/10/05 2. PC 2005-30 Menard's Commercial Commons Fourth Addition—Plan Comm. 8/10/05 These two items were discussed together. Because of timing issues, these two items were brought forward to C.O.W. rather than to EDC. Attorney Wyeth stated that two easements needed to be vacated. One easement is for a new restaurant and the other is for two professional offices. The Plan Commission gave a recommendation to go forward with these items and they will be moved to the City Council consent agenda. Page 5 of 8 3. YBSD Intergovernmental Agreement for Recapture of Southwest Sanitary Sewer Interceptor Project Costs This agreement with Railnet will be up for consideration at the YBSD meeting in September. Administrator Graff said that fees are refunded in 90 days if the City expends the money. Attorney Wyeth will finalize the draft and it will move to the consent agenda for next week's City Council meeting. ECONOMIC DEVELOPMENT COMMITTEE No report. PARK BOARD 1. Sunflower Park Bid Results—Pk Bd 8/8/04 Laura Brown reported the Park Board met on August 8th and gave a positive recommendation to move ahead with a bid from J.E.M. Morris Construction and selected alternates, for the Sunflower Park construction. It was noted that J.E.M. recently constructed Rotary Park. Ms. Brown also said that some of the work for Sunflower will be done in-house. This item moves forward to City Council consent agenda. 2. Request for Ideas Proposal Pk Bd 8/8/05 On August 8th the Park Board recommended moving forward to City Council with a RFI(Request for Ideas) for public/private opportunities. Ms. Ohare suggested that perhaps this concept should be a city-wide project. This "request for ideas"is also open to the public. Alderman Munns said he did not necessarily agree with Item#3 that discussed"naming rights",but he did approve of sponsorships. He also said the City Council should be able to review any such contracts and cautioned about private parties possibly going bankrupt in these types of partnerships. Alderwoman Spears asked how a senior center might fit into this proposal and she recommended that idea to be included in the proposal. Mayor Prochaska cited CorLands as an example of a public/private partnership. There was a brief discussion of the use of advertising and it was generally accepted that each instance should be considered separately. Several scenarios were discussed and the Mayor suggested inclusion of this wording: sponsorships,naming rights and special promotions" and remove"advertising". Language will be added to include all city departments and other changes will be made. It will be moved forward to City Council on the consent agenda with the wording changes. Page 6 of 8 PUBLIC WORKS COMMITTEE 1. Rob Roy Creek Interceptor— Contract#3—Results of Bid Opening The bid came in under the estimate so the Public Works committee recommended to move this item forward to the consent agenda contingent upon developer funding. Ocean Atlantic and Centex have a resolution to pay for this. 2. Saravanos Property—Plat of Easement This item bypassed Public works according to Alderman Besco, due to the time-sensitivity. Mr. Besco said Com Ed will not provide power to the site until the easement is recorded. This property is just south of the Shell station at Rt. 71 &47. This plat will go on the consent agenda. 3. Well No. 6 Treatment Facility—PW 7/25/05 a. EEI Scope of Service & b. Funding Proposal This project was delayed somewhat and the engineering costs were increased resulting in 13% of the construction costs. Public Works recommended moving this forward to City Council. Administrator Graff noted that this project is developer-funded and language is being incorporated for annexation. The City will ask for front-funding and when the bid goes out, an alternate revenue bond will be looked at. The funding must be used by August 2006. This will move forward subject to funding. 4. Amendment to EEI Water Works System Contract IEPA is requiring an amendment to the contract and will include an affirmative action statement. This moves to the City Council consent agenda. PUBLIC SAFETY COMMITTEE 1. Revising of Administrative Secretary Job Description—Admin 8/4/05 Alderman James stated that this document was a revision of an existing job and was done by Bart Olson. Ms. Ohare suggested that perhaps the starting pay range of about$27,000 was too low for the education and experience requested. This revision was prompted by a job that has evolved according to Administrator Graff and the pay range was comparable to what Mr. Olson found in his research. It was recommended by the Administration committee that this revised description be moved forward. In addition it was noted by Alderwoman Spears that a goal had been set for all the job descriptions to be reviewed. Alderman Wolfer questioned the legal aspect of requiring background checks and said he did not think it should be part of the Job Description,but rather be included in the application. The Labor Attorney had been consulted and it was the legal opinion that it could be included in the Job Description. This revision had been positively recommended by the Administration Committee and will be moved on to City Council consent agenda. Page 7 of 8 2. Policy for Videotaping Public Meetings—Admin 8/4/05 This is a policy question and had been discussed at prior meetings. Mayor Prochaska stated that Glory Spies had found an individual to do a trial taping and he would like to allow that person to tape the September 27th meeting. He said in the past,WSPY televised meetings. He added that the Consortium wants the City to solicit volunteers for this function because it is a violation of by- laws to have a City employee perform this duty. The Mayor said it is not a legal requirement to videotape,but the meetings must be tape-recorded. Alderwoman Burd said she hoped that the meetings would be videotaped since former Alderman Sticka took time to attend meetings to implement the videotaping process. The videotaped meeting would be televised on cable TV since Yorkville is part of the Consortium. It was decided that the videotaping would be done and it will be reviewed at a C.O.W. meeting after September 27th 3. Waterworks System Contracts B.2 &B.3—Alternate Revenue Bond—Admin 8/4/05 The IEPA loan the City applied for included 3 contracts. Administrator Graff said the plan was for a river crossing and then the clean water would be returned to the system. These costs would have been covered under contract 2 and 3. It was learned that these contracts would not be funded through IEPA and only the water treatment facility will be funded at this point. Alternate revenue bond sales in the amount of$2 million are necessary as a result of the lack of funding. The alternate revenue source will be water connection fees. These contracts have been approved subject to funding. This matter will move forth to City Council for approval under Administration. CITY COUNCIL REOUESTS 1. Eminent Domain Powers— COW 7/19/05 Attorney Wyeth revised the ordinance regarding eminent domain that had been discussed at a prior C.O.W. meeting. He also presented a shorter version. Alderwoman Burd also suggested some grammatical and wording changes for the ordinance. Alderman Leslie questioned if the City can resolve to not use eminent domain. It was noted that the Supreme Court hands the local decisions back to the State and the City can also "self-limit". It was agreed to use the long version(with revisions) of the ordinance and this will be moved to City Council. 2. Beecher Center Usage— CC 8/9/05 Discussed earlier in the meeting. 3. Spraying for West Nile Virus Public Works Director Dhuse reported that the City is paying for three sprayings each season at a cost of$4500 and there is one more scheduled within the week. Sprayings are also done for special events. Alderman Besco said he thought the City should contact the County and ask if they do sprayings or what procedures they have in place. It was reported that Bristol Township does Page 8 of 8 have such a program. Alderman Wolfer asked if any collections stations were set up,but there are none. ADDITIONAL BUSINSS Alderwoman Spears noted the$600-$700 cost per month for water bills in the Lakeview subdivision. The high cost in this SSA area was attributed, in part, to the sewers. Mr. Besco reported wasps are building nests in back of City Hall. As there was no other business, the meeting was adjourned at 9:42pm. Minutes respectfully submitted by Marlys Young, Minute Taker 1MYC l STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 2005-77 VACATING SCOTT ROAD FROM ILLINOIS ROUTE 47 SOUTHWEST TO ILLINOIS ROUTE 71 IN THE UNITED CITY OF YORVILLE WHEREAS, the UNITED CITY OF YORKVILLE has received a Petition to Vacate all of Scott Drive, a publicly dedicated road located between Illinois Route 47 and northwest to Illinois Route 71 within the UNITED CITY OF YORKVILLE; and WHEREAS, the UNITED CITY OF YORKVILLE, through its Mayor and City Council has held a Public Hearing pursuant to 65 ILCS 5/11-91-1 permitting all public input and comment in regard to said Petition to Vacate said road; and WHEREAS, it is the intention of the UNITED CITY OF YORKVILLE to vacate said road as described in the Petition and as described in the attached Exhibit A which is the legal description for the proposed vacated road as well as the attached Exhibit B which is a Plat of Vacation representing the area to be vacated; and WHEREAS, the UNITED CITY OF YORKVILLE intends to vacate said road affecting Property Identification Numbers: 05-05-400-027-0000, 05-05-400-006-0000 and 05-05-400-022-0000 described in Exhibit A and Page 1 of 4 depicted upon Exhibit B to the respective adjoining landowners, that being, Crestlake Holdings, LLC, and Interra-Vision (Yorkville, IL) LLC as purchaser from Crestlake Holdings, LLC and Cosmopolitan Bank and Trust as Trustee u/t/a dated February 2, 1973 and known as Trust No. 20479 being the only adjoining land owners on each side of the road; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE finds that said property does not have substantial value that would result in compensation to the City nor does the vacation cause any loss to any landowner requiring compensation to any adjoining landowner; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE has determined that it is in the public interest to vacate said road thereby relieving the City of any burden of maintenance and repair of the road, and further that the vacating will promote economic development of the property adjoining the vacated road. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the property affecting Property Identification Numbers: 05-05-400-027- 0000, 05-05-400-006-0000 and 05-05-400-022-0000 described on Exhibit A and depicted on Exhibit B and commonly known as Scott Road is hereby vacated to Crestlake Holdings, LLC and lnterra-Vision (Yorkville, IL) LLC as purchaser from Crestlake Holdings, LLC and Cosmopolitan Bank and Trust as Trustee u/t/a dated February 2, 1973 and known as Trust No. 20479 Page 2 of 4 The City Council further finds that the vacating of said street/road/right of way is in the public interest based upon the findings of the Council, and that no damage (monetary of otherwise) shall result to the residents of the UNITED CITY OF YORKVILLE by reason of vacating said street/road right of way and the United City of Yorkville relinquishes and foregoes any easements or rights under, above or adjoining said vacated street/road/right of way. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder certified copy of this Ordinance, together with Exhibit B the Plat of Vacation annexed attached to this Ordinance. SECTION 3: This Ordinance shall relate back to ordinance 2005-77 and shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Page 3 of 4 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG THE CENTER LINE OF SAID STATE ROUTE NO. 71,BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7615.85 FEET, 300.00 FEET TO THE CENTER LINE EXTENDED SOUTHERLY OF SCOTT DRIVE; THENCE NORTH 08 DEGREES 19 MINUTES 32 SECONDS EAST, ALONG THE CENTER LINE OF SAID SCOTT DRIVE, 56.94 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71 FOR THE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 25 MINUTES 07 SECONDS WEST, ALONG THE EASTERLY EXTENSION OF SAID NORTHERLY RIGHT OF WAY LINE, 34.15 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE; THENCE NORTH 08 DEGREES 19 MINUTES 32 SECONDS EAST, ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, 1094.68 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 47; THENCE SOUTH 03 DEGREES 55 MINUTES 03 SECONDS EAST,ALONG THE WEST RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 47, 311.24 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, SAID LINE BEING 66.00 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO)THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE; THENCE SOUTH 08 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 746.76 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71; THENCE SOUTH 64 DEGREES 46 MINUTES 35 SECONDS WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71, 39.60 FEET TO A POINT ON THE CENTER LINE OF SAID SCOTT DRIVE; THENCE SOUTH 08 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG SAID CENTER LINE, 13.09 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. I �`,��o �Ir o United City of Yorkville Memo >1 TY off , t- ' J Q.'`. 800 Game Farm Road Esr.14 ,` 1836 Yorkville, Illinois 60560 ��� Telephone: 630-553-4350 0� L`a p Fax: 630-553-7575 SCExvik Date: October 21, 2005 To: Mayor and City Council ►�'' From: Traci Pleckham—Finance Directo CC: Bill Powell—City Treasurer Subject: Annual Treasurer's Report— Summary of Revisions Attached please find the Fiscal Year 2004-2005 Annual Treasurer's Report. This report includes 3 revisions as summarized below: • SUMMARY STATEMENT OF CONDITION (1St page) 1. General/Revenue decreased by $18,634 due to the following: i. Nicor Tax—($94,760) decrease in revenue due to accrued revenue of $94,760 accounted for twice. ii. Telephone Tax - +$76,126 increase in revenue to reflect correct accrual amount. 2. Special Revenue/Expenditures increased by$85,175 to reflect Discount & Bond costs (Countryside TIF Bond). • REVENUE SUMMARY (2"d page) 1. Utility Tax decreased $18,634 (see item#1 for explanation). 10/19/05 UNITED CITY OF YORKVILLE ANNUAL TREASURER'S REPORT SUMMARY STATEMENT OF CONDITION MODIFIED ACCRUAL BASIS April 30, 2005 Non- Expendable General Special Revenue Debt Service Capital Projects Enterprise Trust Fund Beginning Fund Balance $1,443,302.00 $2,382,732.00 $15,540.00 $11,466,305.00 $3,344,509.00 $111,569.00 Revenue $8,821,976.85 $2,247,683.58 $128,924.43 $3,455,592.56 $1,188,284.04 $0.00 Expenditures ($8,160,747.53) ($3,132,608.36) ($1,028,443.19) ($11,062,541.78) ($765,740.91) $0.00 Transfers In $781,569.00 $1,230,507.00 $897,897.00 $317,000.00 $0.00 $0.00 Transfers Out ($1,282,998.00) ($304,739.00) $0.00 ($1,207,667.00) ($320,000.00) ($111,569.00) Loan Proceeds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bonds $649,999.58 $3,525,000.44 $0.00 $0.00 $0.00 $0.00 Pmts to Escrow Agents $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Ending Fund Balance $2,253,101.90 $5,948,575.66 $13,918.24 $2,968,688.78 $3,447,052.13 $0.00 Subscribed and sworn on this 25th day of October 2005. William Powell Jacquelyn Milschewski City Treasurer City Clerk I,Jacquelyn Milschewski, Clerk of the United City of Yorkville, Kendall County, Illinois do hereby certify that the above is a true copy of the Annual Treasurer's Report for the City of Yorkville, Yorkville Public Library and Yorkville Recreation Department for the fiscal year ending April 30,2005. 10/19/05 UNITED CITY OF YORKVILLE REVENUE SUMMARY MODIFIED ACCRUAL BASIS FISCAL YEAR 2004-2005 Property Taxes $1,618,853 Personal Property Tax $15,360 State Income Tax $612,425 Road & Bridge Tax $93,008 Sales Tax $2,243,867 Utility Tax $316,447 Franchise Tax $705,642 License/Permits $1,335,979 Library Copier Charges $1,296 Fines/Penalties $74,993 Connection Fees $1,293,790 Interest Income $226,600 Accrued Interest on Bonds $3,888 Water Sales $994,661 Program Fees $165,985 Road Funding-MPI $1,368,475 Sewer/Water Infrastructure $931,681 Lease $21,762 Land Cash $294,280 Grants $1,121,836 MFT Taxes $266,318 Hotel Tax $17,744 Development Fees $830,518 Use Tax $90,775 Maintenance Fees $422,040 Debt Proceeds $4,175,000 Water Meters $155,854 Sale of Assets $4,510 Reimbursement Other Govts $8,795 Other Revenue $379,299 Donations $10,661 Deviation Fees $215,118 TOTAL $20,017,461 9/27/05 ANNUAL TREASURER'S REPORT A/P VENDOR LIST PAID FISCAL YEAR 2004-2005 AG Graphics, Inc. $ 20,717 Alan Dale Farms & Development $ 44,383 All Star Sports Instruction $ 6,693 AMG Homes, Inc. $ 9,858 Arro Laboratory, Inc. $ 5,740 Associated Technical Services $ 6,695 AT&T $ 6,423 Atlas Bobcat $ 11,131 Attorney Daniel J. Kramer $ 101,530 Aurora Area Tourism Council $ 16,042 Aurora Blacktop $ 1,234,093 Baker & Taylor $ 54,830 Belson Outdoors $ 3,530 Blackberry Oaks Golf Course $ 9,199 Blue Cross Blue Shield $ 592,899 BNY Midwest Trust Co. $ 685,760 BP Amoco Oil Company $ 57,307 Bristol Kendall Fire Department $ 304,250 Brown Traffic Products $ 2,710 Burnidge Cassell $ 59,656 Cardmember Services $ 11,056 Cargill Inc $ 5,221 Carstar Collision Center $ 2,851 Castle Bank $ 438,376 CB&I $ 746,957 CDS Office Technologies $ 3,834 CDW Governmental Inc. $ 6,741 Central Limestone Company, Inc. $ 3,603 Central Salt $ 41,341 Chad Johansen $ 3,480 Chicago Bulls $ 3,674 City of Yorkville-General Fund $ 55,914 Clark Environmental $ 27,572 Collins Farms $ 2,790 Commerce-Census $ 106,351 Commonwealth Edison $ 169,372 Communications Direct, Inc. $ 16,091 Computer Consultants $ 6,668 Concord Homes $ 4,120 Conserv FS $ 5,876 Conservation Design Forum $ 20,812 Cooper Home Furnishings $ 17,500 Page 1 of 6 9/27/05 Corporate Communications, Inc. $ 8,399 Corrective Asphalt Materials $ 32,691 Crestview Builders $ 63,837 Crowe Chizek & Company LLC $ 5,192 Depot Court Reporting Service $ 5,913 DOI-USGS $ 24,490 Deuchler Environmental, inc $ 9,028 Deuchler, Walter E. Associates $ 1,176,854 Dhuse, Eric $ 2,687 Diane Conover $ 38,183 Digital Safety Technologies $ 11,415 Delores Lies $ 38,183 Domestic Uniform Rental $ 7,260 Dreyer Medical Clinic $ 2,675 Dwyer, Dennis W. $ 11,095 E2 Services $ 2,956 Eaglecrest At Grande Reserve $ 5,200 Ehlers &Associates, Inc. $ 4,250 EJ Equipment $ 368,752 Elan Financial Services $ 48,042 Engineering Enterprises, Inc $ 1,062,270 Farren Heating & Cooling $ 3,086 Fibar Systems $ 8,746 First Nonprofit Unemployment $ 7,737 Fisher, Gail $ 44,524 Flow-Technics $ 6,365 Fulton Contracting $ 4,593 Gall's Inc. $ 4,713 Game Time $ 3,119 Gardner, Carton & Douglas $ 29,929 Gary Conover $ 38,183 Gaylord Brothers $ 2,815 George's Landscaping $ 88,190 Gladstone Builders $ 7,000 Glenbrook Excavating $ 859,722 Gold Medal Products $ 2,779 Grainco FS., Inc. $ 8,759 Great Lakes Specialty $ 13,691 Greatamerica Leasing Corp. $ 21,072 Green-up Landscaping Inc $ 9,245 H. Linden & Sons $ 2,977,531 Hilton Chicago Towers $ 6,288 Illinois Municipal League Risk Management Assoc $ 119,089 Illinois Dept of $ 32,011 Illinois E.P.A Fiscal Service $ 7,110 Illinois Environmental $ 146,031 Page 2 of 6 9/27/05 Illinois Municipal League $ 3,317 Illinois Railnet $ 17,800 Illinois Shotokan Karate $ 4,217 Image Plus $ 5,970 Innove MGMedia Systems $ 11,008 International Codes $ 757,678 J & L Electronic Service, Inc. $ 5,107 Jack's Floor Care $ 3,586 Julie, Inc. $ 7,189 Kathleen Filed Orr &Assoc $ 12,259 Kendall County Blacktop $ 4,000 Kendall County Fence $ 7,226 Kendall County Record $ 8,002 Kendal County SWCD $ 5,360 Kendall Printing $ 4,107 Kirhofer's Sports Inc $ 3,033 Kopy Kat Copier $ 25,166 Kraft Paper Sales Company Inc $ 6,876 Kramer, Daniel $ 6,015 L.J. Dodd Construction Inc $ 464,028 Landmark Automotive $ 4,773 Landmark Ford Inc $ 18,836 Lawson Products $ 4,256 Layne Christensen Company $ 110,411 Liberty Paving Co., Inc. $ 3,550 Logomax $ 2,569 Martenson Turf Products $ 3,364 Meade Electric Company, Inc. $ 8,791 Menards-Yorkville $ 17,279 Menards Inc $ 155,562 MetLife Small Business Center $ 24,985 Metropolitan Industries, Inc. $ 11,497 Mid American Water $ 8,024 Miles Chevrolet $ 34,822 Monroe Truck Equipment $ 13,037 Motor Fuel Tax Fund $ 60,000 Municipal Software, Inc. $ 16,349 National Waterworks, Inc. $ 166,297 Neslund &Associates Inc $ 616,225 Nextel Communications $ 27,792 Nicor Gas $ 82,289 North East Multi-Regional $ 2,545 O'Heron, Ray $ 7,985 O'Malley Welding & Fabricating $ 2,705 Office Works $ 22,443 Old Second Bank - Yorkville $ 289,756 Page 3 of 6 9/27/05 Olson Bros Recreational $ 2,760 P.F.Pettibone & Co. $ 2,882 Palzer Enterprises LTD $ 2,593 Park & Recreation Supply Inc $ 3,486 Pat Summeral Productions $ 28,000 Patten Industries, Inc $ 59,580 Performance Pipelining Inc $ 3,199 Pessina Tree Service $ 6,025 Peter & Cheri Schag $ 7,389 Pitney Bowes, Inc. $ 4,378 Playpower LT Farmington Inc $ 29,755 Police Pension Fund $ 206,231 Polish National Alliance $ 50,000 Poulos Inc $ 1,527,014 Prairie Area Library System $ 4,944 Producers Chemical Company $ 2,685 Professional Service $ 6,400 Protective Products $ 2,637 Provena Saint Joseph Hospital $ 2,545 PTW & Co $ 25,857 Purchase Power (Pitney Bowes) $ 6,347 Quill Corporation $ 8,674 R.A. Urbert Construction, Inc. $ 21,989 Ralph's Place $ 6,520 Ratos, James $ 9,238 Ray O'Herron Company $ 9,443 Reese Recreation Products Inc $ 36,710 Reil Construction $ 106,701 Remanufactured Systems Inc $ 9,169 Richard Marker &Associates $ 680,023 Riemenschneider Electric Inc $ 6,943 River Oaks Ford $ 156,085 Ron Tirapelli Ford Suzuki $ 12,662 SBC $ 55,762 SBC Global Services Inc. $ 8,665 Schain, Burney, Ross & Citron $ 25,513 Schoppe Design Associates $ 286,339 Schrader, Charles &Associates $ 14,000 Seagren Construction, Inc. $ 153,464 Sente-Rubel Bosman-Lee $ 7,750 Service Printing Corporation $ 4,316 ServiceMaster Commercial $ 13,590 Seyfarth, Shaw, Fairweather $ 20,523 Shell Fleet Plus $ 5,253 Shell Oil Co. $ 5,873 SKC Construction Inc $ 24,123 Page 4 of 6 9/27/05 Smith Engineering $ 336,361 Software Performance $ 27,012 Southwest Fox Valley Cable $ 31,411 Sporstfields, Inc $ 4,719 Standard Equipment Co $ 35,557 Stellmach Electric Inc $ 3,618 Sterling Codifiers, Inc $ 2,744 Suburban Chicago Newspapers Ad $ 7,193 Surveyors Instrument $ 9,999 Thomas Alarm Systems $ 9,725 Thompson Appraisals $ 4,400 Tiger Direct $ 6,159 Traffic & Parking Control Inc $ 26,152 Tri-River Police Training $ 6,375 Tri-State Carpet & Decorating $ 8,893 Truegreen Chemlawn $ 8,548 Tucker Development Corporation $ 157,078 Turf Professionals $ 41,376 U.S. Bank $ 168,469 Ulrich Chemical, Inc. $ 6,401 Undesser Farms $ 6,663 University of Illinois-GAR $ 11,674 URS Corporation $ 23,210 Van Mack $ 7,184 Verne Henne Construction $ 45,394 Vian Construction, Inc $ 71,249 Walmart Community $ 6,409 Waste Management $ 459,665 Water Products, Inc $ 10,886 Wholesale Tire $ 6,172 Winding Creek Nursery, Inc $ 4,779 Wiseman Hughes $ 20,534 John Justin Wyeth $ 30,444 Wyeth, Heitz & Bromberek $ 10,400 YAS/Fischel Partnership $ 117,881 Yorkville Ace & Radio Shack $ 3,518 Yorkville Area Chamber of Commerce $ 2,820 Yorkville Auto Parts $ 5,072 Yorkville Bristol $ 2,031,342 Yorkville Congregational $ 3,750 Yorkville Economic Development $ 45,500 Yorkville Parks Department $ 22,000 Yorkville Police Department $ 3,496 Yorkville Postmaster $ 13,473 Yorkville Public Library $ 416,321 Yorkville Recreation Department $ 892,068 Page 5 of 6 9/27/05 Yorkville School District# 115 $ 1,277,260 Young, Marlys $ 3,076 Youth Camp of Districts $ 158,977 $ 25,680,874 Expense Disbursements Under $2,500 $ 437,080 Total Vendor Payments for Fiscal Year 04-05 $ 26,117,954 Page 6 of 6 • UNITED CITY OF YORKVILLE 9/21/05 EMPLOYEES SALARIES CASH BASIS FISCAL YEAR 2004-2005 ELECTED OFFICIALS Mayor Arthur Prochaska $8,500.00 City Clerk Jacquelyn Milschewski $3,600.00 City Treasurer William Powell $3,600.00 Alderman Joseph Besco $3,600.00 Alderman Valerie Burd $3,600.00 Alderman Paul James $3,600.00 Alderman Larry Kot $3,600.00 Alderman Martin Munns $3,600.00 Alderman Wanda Ohare $3,600.00 Alderman Rose Spears $3,600.00 Alderman Richard Sticka $3,600.00 EMPLOYEE'S EARNINGS UNDER$25,000 Albright, Mathhew Evans, Timothy Medina, Tony Spies, Glory Ament, Beverly Feltes, Rita Menard, Michael Sprain, Barbara Arentsen, Dale Felton, Dan Miller, Heather Strocks, Steven Auw, Kathleen Fincham, Kathryn Minor, Allan Surrat, Brian Baker, Steven Gardner, Mary Jo Mizel, Kellie Swithin, Kate Battle, Bettye Goss, Virginia Mizera, Mary Triphahn, Julie Bazan, Jean Graff, Jessica Mohler, Debi Valenica, Kerstin Bettenhausen, Steve Homer, Ryan Norton-Edmiston, Carol Van Pelt, Stephanie Bozue, Steven Hufstetler, Trent Nowlin, Jerry Van Vliet, Denise Bradstreet, Patricia Huzevka, Natasha O'Leary, Martin Wackerlin, Amy Braznell, Melissa lwanski, Sharyl Olah, Merry Weber, Robert Browman, Brett Jahp, Margaret Oleary, Sarah Weinlader, Michelle Brown, Andrew Johnson, Doreen Olson, Bart White, Kenneth Brown, Ashley Johnson, Matthew Page, Dale White, Nathan Bush, Jamie Kanan, Leann Pickering, Lisa Wilhelm i, Rebecca Carter, Scott Kasper, Denise Plachetka,Michael Wilkinson, Peggy Cernekee, Patricia Kepka, Greg Podschweit, George Williams, Loen Ciesla, Julie Killian, Randy Reese, Annette Wirtz, Tabetha Clark, Christine Kot, Brittney Reisinger, Amy Wolf, Tood Cool, Robert Kot, Lindsey Reisinger, Lisa Woods, Michael D'Anna, Alyssa Kramer, Daniel Robinson, Ronald Wyeth, John Davison, Stephen Kubicz, Shirley Rodriguez, Deborah Yabsley, Frank Debord, Dixie Larrabee, Rachel Rollins, Jordan Yabsley, Krista Diehl, Amanda Leedy, Staci Schillinger, Kati Young, Andrew Dockstader, Kelli Lenert, Ginger Schmitt, Peter Zuk, Jesse Drew, Mike Lyle, Melissa Scodro, Peter Drew, Patrick Manning, Barbara Sebek, Rachel Essex, Janet Matlock, Joanne Simmons, Sharon Page 1 of 2 UNITED CITY OF YORKVILLE 9/21/05 EMPLOYEES SALARIES CASH BASIS FISCAL YEAR 2004-2005 EMPLOYEE'S EARNINGS $25,000 TO $49,999.99 Bahr, Lorrie Jackson, Jamie Barkley, William Jeleniewski, Andrew Batterson, Molly Johnson, Jeffrey Behrens, Brett Lawrentz, Kevin Bonesz, Zachary McMahon, Patrick Bush, Darrell Mikolasek, Raymond Collins Jr, Albert Pfister, Michaeleen D'Anna Elizabeth Presnak, James Dyon, Judy Reisinger, Barbara Enlow, John Robinson, Michael Fay, Michelle Scheberl, Rebecca Fischer, Jennifer Seng, Matthew Hart, Robbie Stroup, Samuel Hopkins, Shamim Thomas, Lori Houle, Anthony Williams, Annette EMPLOYEE'S EARNINGS $50,000.00 TO $74,999.99 Ackland, Jeffery Klingel, Terry Behrens, David Moore, Joe Calvert, Glenn Mott, Stacey Cernekee, Sarah Pleckham, Daniel Delaney, David Schwartzkopf, Donald Dhuse, Eric Sibenaller, Gregory Diederich, Ronald Sleezer, John Groesch, Barry Sleezer, Scott Hart, Richard Sorensen, Brian Helland, Jonathon Swithin Susan Hilt, Larry EMPLOYEE'S EARNINGS $75,000.00 TO $99,999.99 Brown, Larua Pleckham, Traci Martin, Harold Wywrot, Joseph EMPLOYEE'S EARNINGS$100,000.00 TO $124,999.99 Graff, Anton TOTAL SALARIES $3,392,880.31 Page 2 of 2 ■• FO L Ey FOLEY&LARDNER LLP ATTORNEYS AT LAW 321 NORTH CLARK STREET SUITE 2800 CHICAGO,IL 60610-4764 TELEPHONE:312.832.4500 FACSIMILE:312.832.4700 WWW.FOLEY.COM MEMORANDUM CLIENT-MATTER NUMBER 026079-0103 TO: United City of Yorkville City Council FROM: Laura L. Bilas DATE: October 24, 2005 RE: United City of Yorkville General Obligation Bonds (Alternate Revenue Source) Series 2005D The attached ordinance for the referenced bonds includes various revisions from the ordinance previously made available to the City Council to accommodate the private placement of the Bonds with a single accredited investor rather than a sale of the Bonds through a public offering. These revisions include the following: 1) Deletion of the registration of bonds in book entry format. 2) Deletion of the requirement that Bonds be presented for payment upon redemption (Bonds need only be presented for payment at final maturity). The Paying Agent must maintain a schedule reflecting all reductions in principal to the Bonds upon redemption. 3) Deletion of ability to obtain insurance. Accredited Investors do not require insurance. 4) Ability to make payments of interest by wire transfer to the accredited investor if it holds at least $1,000,000 principal amount of Bonds. 5) Requirement that the accredited investor deliver an Accredited Investor's Letter which makes various representations and certifications to the City, thereby allowing the City to delete the requirement for delivery of an official statement. FOLEY&LARDNER LLP CHI2_602093.1 :FOLEY 6) Replacing the requirement for a bond purchase agreement with a placement agreement and payment of a placement agent's fee in an amount not to exceed 1% of the principal amount of the Bonds. 7) Modifying the requirement that a continuing disclosure undertaking be delivered by the City such that it is only required to be delivered if required by applicable securities laws. (Bonds in authorized denominations of$100,000 which are sold to no more than 35 accredited investors with no intent to distribute such Bonds qualify for an exemption to the securities laws requiring secondary market disclosure.) 8) Authorizing additional modifications to be made to the Ordinance in the Bond Order to accommodate a sale of the Bonds to a single accredited investor. LLD/par 2 FOLEY&LARDNER LLP CHI2_602093.1