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
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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 .
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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 :
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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 ?
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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 .
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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
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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 .
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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 .
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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
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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
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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
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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
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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 .
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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
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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
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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
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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
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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 :
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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
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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 .
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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
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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 .
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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
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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
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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
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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
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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
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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 .
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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
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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
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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
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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
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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
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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 .
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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
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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
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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
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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
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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 .
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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 .
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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 .
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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 ,
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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
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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
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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
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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
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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
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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 .
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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
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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 .
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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
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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
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• cres annexation[ii] 3:11 5:2 beautiful[2] 35:15 48:12 calming[1] 36:12
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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 19:11 29:5 belong[2] 33:18,24 carried[4] 4:14 7:9 8:24
add[3] 15:14 31:14 46:20 answers[1] 33:1 benefit[z] 25:1 30:4 55:3
2.5[3] 26:8,17 27:1 addition[4] 24:16 25:16 anxiously[1] 45:14 benefiting[1] 32:17 cars[3] 40:8 42:17 47:9
20.375[1) 3:14 27:14,17benefits[4] 24:21,24 cart[i] 49:7
200's[2] 38:15,19appearance[1]2:17 10:24 27:21,22 Carton[i] 9:8
additional[1] 9:21 appeared[2]
2005[2] 1:9 56:16 address[2] 36:17 47:5 application[i] 30:8 berming[1] 16:15 cash[1] 24:13
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36:20 center[a) 23:10 40:21,23
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adjacent(2) 5:5 14:16 applying[z) 43:23 44:1 better[3) 34:23,24 48:7 centers[1] 16:4
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3.17(i) 14:11 Administrator[i] 2:11 appropriately[1] 23:11 approval[a) 10:21 11:5 beyond[i) 32:14 Centex[1] 14:18
adult[1) 26:5 big[6] 17:19 25:24 28:5 certain[s] 13:9,17 15:11
3.5[z) 26:10,11 28:20,24 50:15 22:18 32:16,20 36:2 39:16
3.75[1] 25:23 advertising[1] 49:10 11:16 49:10
afford(i) 24:7 biggest[z] 24:23 46:8 Certified[i] 56:5
30[3] 10:23 22:24 50:17 approved[z] 11:2 49:6 bit[7] 12:5,11 20:7 26:2,3 challenges[2] 31:1 46:3
300[i] 2:15 aforementioned[i) area[13) 14:18 18:12 33:14 37:3
37[3] 28:2,11 46:22 55:9 22:12 26:8 28:4,20 30:3 changed[1] 43:4
aforesaid[1] 56:12 31:19 43:2 45:16 51:23 bless[i] 38:4 Changing[1] 50:1
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47[s] 7:24 14:19 16:15 age[6] 33:16 41:5,16 argument[1] 32:12 boulevard[1] 15:18 41:21,24 42:1
16:22 31:18 43:22 44:16 53:2 ARTHUR[1] 2:2 boulevards[i] 18:14 choices[2] 42:11,12
age-restricted[3] 10:19 aside[1] 30:22 box[1] 53:21 CHRISTINE[3] 1:8
-5- 20:23 25:3 aspect[2] 30:12 31:23 brief[i) 20:7 56:4,20
55[6] 21:1 25:8,19 41:10 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] 11:1,2,5 12:8 really[22] 18:8 19:6
g -P 13:20 14:4,13 15:8,9 profit[i) 29:23 Y
noble[�) 30:24 P[3) 2:1,14,14 16:13 17:4 22:7 30:10 project[24) 12:21,22,23 20:14,18 21:4,5,8 22:8,13
none[2] 6:2 29:13 13:1,7,14 14:17 15:2 16:1 24:9 28:5,16,22 32:23
31:23 52:17
normal[1] 19:15
p.m[1) 1:9 33:17 35:14,15 39:4 42:2
packets[i) 14:15 planned[a] 7:16,20 16:10,17,22 17:1,5 19:17 20:12,12,16 25:15 29:10 46:5 47:4,8
normally[i) 32:15 10:17 11:22 reason[2] 18:18 22:15
paper[i] 35:2 29:15 38:14 48:19 49:6
northwest[i] 7:23 parameters[1] 32:20 planner[1] 12:4 projections[i) 47:16 reasonable[4] 24:5,11
notes[1] 56:11 parcel[1] 30:4 planning[4] 12:4,19 projects[3] 13:4 15:10 24:11,14
nothing[1] 28:22 13:5,19 19:16 reasons[4] 22:23 31:10
park[1] 47:12 [2] 5:9 11:23 33:18 36:10
notice[z] 15:18 30:2 packing poi 39:7,11,13 plansproperties[1] 14:16
now[15] 4:15 9:1,15 10:5 39:16,22,24 40:6,11 47:6 plantings[1] 23:20 property[is) 3:13,16 5:3 receive[1] 28:1
12:1 17:6 20:6 27:5 32:1 47:9 play[1] 13:13 5:6,18 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 .
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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 .
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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
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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
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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
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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
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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
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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
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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?
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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
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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?
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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,
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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
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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
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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 . )
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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 .
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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 .
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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]-
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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
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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
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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
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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
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clear[1]-23:6 Cornelison- 6:7,6:12,7:15, 17:16, 17:19 24:10
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10:22, 19:2, 9:1,9:15, 9:17, dated[1]-3:8 [1]-8:24 East[ij-2:15 13:7
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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
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22:18 26:7,26:10, Dean[zj-2:12, discuss[2]- 30:1, 30:19 30:11
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9:10,24:19 27:11,28:3 decades[i]- discussing ji]- engineer[1]- 23:14
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23:17,24:22 corporations[ij 22:23 7:17, 19:2,31:9 -30:5 22:6
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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,
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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
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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
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8:20 covered[1]-7:8 detailed[1]- 17:8, 18:2 4:20,9:7,29:9, 10:15
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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
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DepoCourt Reporting Service (630) 983-0030
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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
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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
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20:22,26:6, 26:5,27:20,28:8, 27:4 14:16, 14:20, read[i]-10:7 3:12
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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,
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30:1 28:5 8:12,9:3, 13:12, projected[1] receive[z]- 22:7
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DepoCourt Reporting Service ( 630) 983-0030
5
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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
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11:18, 12:18, 5:24,6:2,7:13, 27:1 6:8 16:10,25:18, 6:9,7:14,9:1
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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
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29:6,29:15,30:8, 6:18 33:1 together[i]- useful[1]-26:1 2:16
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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,
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saw[1]-21:14 small[0]-10:5 25:7,30:17 traffic[a]-11:1, Village[2]-6:11, 27:7
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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
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■• FO L Ey FOLEY&LARDNER LLP
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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.
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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
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