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Planning and Zoning Commission Packet 2017 12-13-17 PLANNING AND ZONING COMMISSION AGENDA Wednesday, December 13, 2017 7:00 PM Yorkville City Hall Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: October 18, 2017 and November 8, 2017 Citizen’s Comments -------------------------------------------------------------------------------------------------------------------- Public Hearings Old Business New Business 1. PZC 2017-14 Centex Real Estate Company, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting final plat amendment approval for the resubdivision of Bristol Bay Units 9 and 11. The real property is located within the northeast quadrant of Illinois Route 47 (Bridge) and Galena Road in Yorkville. Action Item Final Plat Amendment 2. PZC 2017-15 David Schultz, Engineer, as petitioner, on behalf of Cedarhurst of Yorkville Real Estate, LLC, owner, has filed an application with the United City of Yorkville, Kendall County, Il linois, requesting final plat amendment approval for the Cedarhurst of Yorkville P.U.D. Subdivision. The real property is located at the northeast corner of of US 34 (Veterans Parkway) and Cannonball Trail in Yorkville. Action Item Final Plat Amendment Additional Business 1. City Council Action Updates a. PZC 2017-13 Dave and Debbie Coffman, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us Action – Public hearing held on November 14, 2017. Matter is tentatively scheduled for final consideration by the City Council on December 12, 2017. 2. Downtown Overlay District Streetscape Master Plan and Form Based Code – Contract Award a. Approved contract to Farr & Associates, LLC (Chicago, IL). 3. Downtown Wayfinding Signage – BID Award update a. Recommendation for contract award to Michael’s Signs (Racine, WI). 4. Downtown Landscape Hill Project – Update a. ITEP Grant Application Adjournment 1 1 2 3 4 5 6 UNITED CITY OF YORKVILLE 7 YORKVILLE, ILLINOIS 8 9 10 PLANNING AND ZONING COMMISSION MEETING 11 PUBLIC HEARING 12 13 14 15 16 800 Game Farm Road 17 Yorkville, Illinois 18 19 20 Wednesday, October 18 , 2017 21 7 : 00 p . m . 22 23 24 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 2 1 PRESENT : 2 Mr . Randy Harker, Chairman; 3 Ms . Reagan Flavin Goins , 4 Mr . Bill Gockman, 5 Ms . Deborah Horaz, 6 Mr . Don Marcum, 7 Mr . Jeff Olson . 8 9 10 ALSO PRESENT : 11 Ms . Krysti Barksdale-Noble, Community 12 Development Director, 13 Mr . Jason Engberg, City Planner, 14 Ms . Marlys Young, Minute Taker . 15 16 17 18 19 20 21 22 23 24 12itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 3 1 INDEX 2 WITNESSES PAGE 3 2017-11 Boyd Ingemunson 9 4 Robyn Sutcliff 11 5 6 2017-12 Jeffrey Lewis 18 7 David Schultz 25 8 Lynn Dubajic 27 9 Nathan Schattke 28 10 Robyn Sutcliff 33 11 Darcy Tellone 39 12 Audra Hendrix 42 13 Todd Milliron 47 14 Alison Metz 49 15 Fred Gaebler 53 16 Fred Dickson 60 17 Joseph Runkle 70 18 Valerie Burd 72 19 Teresa Green 75 20 Damon Ellinger 85 21 Dave Walker 88 22 Gail Gaebler 102 23 Larry Franklin 103 24 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 4 1 WHEREUPON, the following 2 proceedings were had in 3 public hearing : ) 4 CHAIRMAN HARKER : Moving into the public 5 hearing section, there are two public hearings 6 scheduled for tonight ' s Planning and Zoning 7 Commission meeting . 8 The purpose of these hearings is to 9 invite testimony from members of the public 10 regarding the proposed requests that are being 11 considered before the Commission tonight . 12 The public testimony from persons 13 present may wish to speak for or against the 14 request or to ask questions to the petitioner 15 regarding the request being heard . 16 Those persons wishing to testify are 17 asked to speak clearly, one at a time, state your 18 name and who you represent , if anyone . You are 19 asked to sign in at the podium if you haven ' t 20 already done so . 21 If you plan to speak during 22 tonight ' s public hearing as a petitioner or a 23 member of the public, please stand, raise your 24 right hand, and repeat after me . 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 5 1 Witnesses sworn . ) 2 CHAIRMAN HARKER : Thank you . You may be 3 seated . So the order that we are going to be 4 receiving the testimony for the requests , we ' re 5 going to hear from the petitioner first and do 6 their presentation, then those who want to speak 7 in favor of the request , all those that are 8 opposing the request being heard, and any 9 questions from the Planning and Zoning Commission 10 to the petitioner . 11 May I have a roll -- I ' m sorry . May 12 I have a motion to open the public hearing on 13 petition numbers PZC 2017-11 and PZC 2017-12 ? 14 MR . MARCUM : So moved . 15 MR . GOCKMAN : Second . 16 CHAIRMAN HARKER : Roll call vote on the 17 motion, please . 18 MS . YOUNG : Yes . 19 Olson . 20 MR . OLSON : Yes . 21 MS . YOUNG : Gockman . 22 MR . GOCKMAN : Yes . 23 MS . YOUNG : Goins . 24 MS . GOINS : Yes . 2itosh Reporting Service 815 . 993 . 2832 cros . vitosh@gmail . com 6 1 MS . YOUNG : Horaz . 2 MS . HORAZ : Yes . 3 MS . YOUNG : Marcum . 4 MR . MARCUM : Yes . 5 MS . YOUNG : Harker . 6 CHAIRMAN HARKER : Yes . 7 PZC 2017-11 , the United City of 8 Yorkville , Kendall County, Illinois , petitioner, 9 is proposing a text amendment to Chapter 3 , 10 General Zoning Provisions of the United City of 11 Yorkville Zoning Ordinance , to create a new 12 section regarding the temporary sidewalk and 13 parklet cafes . 14 The amendment will provide a guide 15 for businesses to offer outdoor seating and food 16 and beverage service adjacent to their 17 establishment within the public sidewalk and 18 right-of-way that are safe and attractive to 19 restaurant patrons and pedestrians . 20 Petitioner? 21 MS . NOBLE : That would be me. CHAIRMAN HARKER : Okay .y 23 MS . NOBLE : -- on behalf of the City . 24 Late last year Staff was approached by local 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 7 1 business owners seeking options to enhance their 2 patron experience with having outdoor seating, a 3 beverage service and possible food service , so 4 the City started doing a little research on other 5 communities that have this particular offering 6 for their business establishments . 7 We started looking primarily in the 8 downtown area, although we are proposing that 9 this would be available to all business districts 10 in the B-1 through B-4 Zoning District , and what 11 you have before you tonight is recommendations to 12 amend the text to allow for sidewalk cafes , which 13 are basically tables and chairs that have either 14 a barrier around them, if they protrude three 15 feet or more into the public way, or barrier-less 16 if they are less than three feet of protrusion . 17 There is also a request for parklet 18 cafes , and what these are are designated areas 19 within the public right-of-way, the roadway, 20 where we would or the petitioner or whoever would 21 apply would block off for patrons to eat , have 22 drinks and to enjoy the outdoors while they are 23 dining . 24 These regulations would limit the 2itos/ Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 8 1 time frame of when we would allow these temporary 2 structures, if the structures are in nature 3 temporary, but any affixed portions of it during 4 the time that it ' s allowed can remain on the 5 outside . 6 The months that these would be 7 operational are April 1st through October 31st, 8 and there are aesthetic regulations required for 9 preferred street furniture, materials and 10 signage . 11 There is a map in your packet that 12 shows potential locations within the downtown -- 13 again, Staff just focused within the downtown -- 14 and although there is one business that is 15 actively seeking these types of uses , there could 16 be a potential for approximately ten or 12 17 businesses that could benefit from this map -- or 18 text amendment . 19 We did not do any research on the 20 financial aspect of it, but we do anticipate that 21 with the permit fees , which would vary between 50 22 to $100 per permit annually, that we would recoup 23 the revenue needed for Staff to administer the 24 permit , to do inspections and to do follow-up . I2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 9 1 CHAIRMAN HARKER : Awesome . Thank you . 2 Is there anybody present who would like to speak 3 in favor? 4 BOYD INGEMUNSON, 5 testified from the podium as follows : 6 MR . INGEMUNSON : Good evening . My name 7 is Boyd Ingemunson . I am the owner of the Law 8 Office Pub and Music Hall . 9 This is -- I was the business owner 10 that approached the City about this opportunity 11 to utilize the public way, obviously next to 226 12 South Bridge Street . 13 Very wide sidewalk there , and we 14 discussed with the City about the opportunity to 15 do this to compete with neighboring communities 16 that have outdoor seating . 17 I think this is much needed in the 18 downtown area, it would definitely help my 19 business , so obviously I am in favor of the 20 passage of this . 21 Just a couple notes I wanted to make 22 regarding the draft of the ordinance , a couple of 23 the changes that I would like to see made . 24 Right now there is a window from 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 10 1 April 1st to October 31st . I think that the 2 intent of the ordinance is to allow businesses to 3 utilize that area to not only attract other 4 customers , but to benefit their business , and I 5 hate to see a restriction where if you have 6 70-degree weather in February like we did last 7 year or good weather in November that you don ' t 8 have the opportunity to utilize that space, if 9 it ' s a space where people will frequent , and I 10 don ' t see a reason why you shouldn ' t be allowed 11 to do it year round potentially if the weather 12 permits . That ' s just one section I think that ' s 13 a little bit of an onerous restriction . 14 Another restriction that I think in 15 a prohibition section is there is an absolute 16 prohibition to any loud speakers on the outdoor 17 section of these areas . 18 If you look at some of the existing 19 businesses that have beer gardens , they have 20 speakers that are -- In the Economic Development 21 Committee meeting we had a discussion regarding 22 this and there is already restrictions governing 23 liquor ordinances and a noise ordinance that the 24 City has , so to have an absolute prohibition to a 2itos/i Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 11 1 loudspeaker where you want to have some ambient 2 music outside I think is a little bit too much of 3 a restriction as long as it ' s within reason, and 4 like I said, there is other laws in place that 5 are already governing noise that could be 6 enforced to protect the public, so -- But other 7 than that , I appreciate the City ' s willingness to 8 move forward with this ordinance and I fully 9 support it . 10 CHAIRMAN HARKER : Thank you . 11 Is there anybody else in favor? 12 ROBYN SUTCLIFF, 13 testified from the podium as follows : 14 MS . SUTCLIFF : Hi . I 'm Robyn Sutcliff . 15 I ' m the owner of Foxy ' s Ice Cream, downtown 16 Yorkville , and I didn ' t even know about this , I 17 just kind of happened across this , so I am not 18 real versed on it, but the renderings I see and 19 the areas we want to put these in just seem great 20 to me , I think it will bring a lot of people to 21 the downtown . 22 We get a lot of traffic at Foxy ' s , 23 our little spot , but a lot of people want to know 24 where else they can go and what else they can do 2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 12 1 and I don ' t have a lot of answers for them, so it 2 would be great if we had a more walkable city and 3 more things to do all over the entire downtown . 4 People really want to spend their 5 time downtown, so I appreciate Boyd bringing this 6 up to you and you guys following it up and I 7 think it ' s a great idea . 8 CHAIRMAN HARKER : Thank you . Anybody 9 else in favor? 10 No response . ) I1 CHAIRMAN HARKER : Anybody opposed to the 12 request here tonight , this first one? 13 No response . ) 14 CHAIRMAN HARKER : No? Okay . 15 Commissioners , do you have any 16 questions for Staff? 17 MR . OLSON : Yeah . Are the barriers in 18 the right-of-way, are these hard barriers , are 19 they movable barriers , are they safety barriers ? 20 What are they intended to be? 21 MS . NOBLE : So when you have a big 22 barrier on the sidewalk itself, they can be soft 23 barriers or they can be hard barriers , they can 24 be plant materials , they can be fencing material 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 13 1 as long as it ' s appropriate and aesthetic to the 2 criteria listed . 3 Now, if it ' s in the right-of-way, it 4 has to be a hard barrier, so it can be flower 5 type, could be a platform with -- surrounding 6 area around it . 7 MR . OLSON : Parapet or something? 8 MS . NOBLE : Parapet , yes . 9 MR . OLSON : This is very well put 10 together , all of it is very clear to understand . I1 Bringing up Mr . Ingemunson ' s 12 comments about if you did eliminate an April 1st 13 to October 31st window, what ' s to -- maybe this 14 is a topic for another conversation, but what ' s 15 to keep people from leaving that stuff out? 16 How does the City enforce people 17 cleaning it up if there is no window for removal ? 18 MS . NOBLE : Sure . So we have two 19 mechanisms of enforcement ; if it ' s within the 20 parkway where the sidewalk is , then we have a 21 property maintenance inspector go out and issue a 22 citation . 23 If it ' s within the public way of the 24 street , we have our Public Works Department, they 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 14 1 can go by and issue the same as we can, the 2 citation, or remove it . 3 MR . OLSON : Right . The City could 4 remove it . 5 MS . NOBLE : We definitely could remove 6 it . 7 MR . OLSON : And the only other question 8 or comment I have is the speakers , beer gardens , 9 and outdoor restaurants , generally those speakers 10 are on private property, and we have a current 11 ordinance to govern noise in the property lines , 12 but I don ' t know if we have anything on speakers 13 in public spaces , and that ' s really one of my 14 only concerns , polluting public space . 15 MS . NOBLE : Right . That was Staff ' s 16 concern . That ' s why we expressly prohibited them 17 within the public way, we do not want standard 18 speakers within the roadway or within the 19 sidewalk . 20 We are not against them; you can 21 install outdoor sound along the building if you 22 need, but as long as it ' s not within that public 23 way to obstruct . 24 MR . OLSON : How would you monitor the itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 15 1 sound -- and we just got through approving all 2 the noise -- how would you -- since there is no 3 property line inside the right-of-way, how do you 4 do that? 5 MS . NOBLE : So there is an overall 6 sound -- 7 MR . OLSON : Restriction? 8 MS . NOBLE : -- restriction . So it ' s not 9 from where necessarily the sound is coming from, 10 but where it ' s being heard . 11 The Police Department has been 12 trained and so has the Building staff, to go out 13 and regulate and take needed readings . 14 CHAIRMAN HARKER : Does the City as far 15 as like when it snows -- do it in the winter time 16 or something, does the City take care of the 17 sidewalks or is it the individual business 18 owners ? 19 MS . NOBLE : We do not take care of the 20 sidewalks , but we do take care of plowing within 21 the street, and that ' s why we limited it to the 22 October 31st deadline, so it does not impede 23 brush pick-up or any other operations that we 24 have within the street . 2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 16 1 We could amend this to give Staff 2 some ability, some administrative ability, to 3 extend if weather permits , but that would be done 4 administratively instead of coming back as a 5 request for an extension formally, as a variance 6 of some sort . 7 CHAIRMAN HARKER : Okay . All right . 8 MR . OLSON : Do you want to chase down 9 Krysti and extend it past April 1st , would that 10 be an amendment to this or -- 11 MS . NOBLE : Yes . It would have to be an 12 amendment and subject to -- 13 MR . OLSON : Today or -- 14 MS . NOBLE : Today, yeah . 15 CHAIRMAN HARKER : But we will do that 16 not in the public hearing . 17 MR . OLSON : Okay . 18 CHAIRMAN HARKER : Okay? Awesome . 19 Anybody else? 20 MR . MARCUM : Have there been any other 21 business people spoken to to get a feel for what 22 their thoughts are? 23 MS . NOBLE : You know, we spoke with the 24 original requestor, the petitioner, who came 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 17 1 tonight . We have over the past talked to 2 developers in the downtown looking for ways to 3 spur economic development . This is something 4 that has been tried in other communities , it ' s a 5 common planning practice . 6 There is no requirement to do it if 7 they are opposed to it . You cannot encroach onto 8 your neighbor ' s property with your outdoor 9 display or seating area, so we make sure of that 10 in the plan review process , but again, it ' s one 11 of those privileges that you are allowed to do, 12 and if you don ' t want to engage in it, you don ' t 13 have to . 14 CHAIRMAN HARKER : Okay . We are going to 15 move on to the next public hearing item . This is 16 PZC 2017-12 , Mark Southern, petitioner, on behalf 17 of Michael and Molly Schomer, property owners , 18 has filed applications with the United City of 19 Yorkville , Kendall County, Illinois , requesting a 20 rezoning classification and a variance to the 21 City ' s bulk regulations for a rear yard setback . 22 The petitioner is requesting 23 rezoning approval from R-1 Suburban Residential 24 District and R-2 Single-Family Traditional 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 18 1 Residence District , to B-2 , Retail Commerce 2 Business District . 3 The petitioner is also requesting to 4 vary the requirement of City Code Section 10-7-1 5 requiring minimum required rear yard setbacks . 6 The proposed rear yard would be reduced from 7 20 feet to zero feet . 8 The real property is located east of 9 Illinois Route 47 , North Bridge Street , south of 10 East Main Street, and immediately north of the 11 Fox River, commonly known as 104 North Bridge 12 Street, Yorkville, Illinois , 60560 . 13 Is the petitioner ready? 14 JEFFREY LEWIS, 15 testified from the podium as follows : 16 MR . LEWIS : Good evening to the 17 Commission . MyJeffreynameis Lewis . I am the 18 attorney for Mark Southern . 19 I also have with me this evening 20 David Schultz from HR Green, who is our primary 21 engineer for this project , and he will speak 22 after me . 23 I ' m also perfectly happy to answer 24 whatever questions come up as time goes on this 2itos/i Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 19 1 evening . 2 I was told by a speech teacher long 3 ago, don ' t read to an audience what you have 4 already handed them, so you ' ve got in writing our 5 very detailed responses to the specific criteria 6 needed for the zoning request . I won ' t read them 7 verbatim, but I do want to highlight a few things 8 briefly . 9 Mr . Southern is the contract buyer 10 for this property . The Schomers have granted him I1 permission to go forward with this petition 12 before concluding with the sale primarily because 13 if the zoning relief can ' t be obtained, then the 14 property doesn ' t have the value that we have 15 assigned to it . 16 In other words, we don ' t want it as 17 a residence , and apparently based on the time 18 that the property has spent on the market , that ' s 19 a fairly common thought , that that ' s not the best 20 use for this property . 21 We ' ve come up with a plan for what 22 we think would be a much better use and, hence, 23 we are before this commission asking that the use 24 be changed from residential to business so that itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 20 1 Mr . Southern can then construct a restaurant 2 operation . 3 We ' ve modeled our petition and our 4 request based on what we think is sort of 5 maximizing that restaurant operation; in other 6 words , what ' s sort of the largest operation that 7 would make sense . 8 That plan is in flux and we continue 9 to talk with the City about what ' s going to be 10 the best way to actually finalize the footprint , 11 the layout, the design, but in order to keep as 12 many options open as possible , we want the 13 Commission to know this is what could be done 14 with the property and what we think would enhance 15 it . 16 As I understand it , the City of 17 Yorkville spent quite a bit of time working 18 through the Comprehensive Plan and the best use 19 for the various areas in the city, and for this 20 particular property, I believe that the City is 21 in agreement that a business type use would be 22 appropriate . 23 This is a unique property, there ' s 24 no question . Although it ' s a residence now, it 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 21 1 sits surrounded by park, highway and waterway, so 2 we ' re not asking to take a house that butts up 3 against all the other houses in the neighborhood 4 so to speak and suddenly make a dramatic change 5 to it . 6 We ' re trying to fit our project in 7 with what the City has already foreseen and what 8 we think would be appropriate given the flow of 9 the uses from the downtown business , the river, 10 up Bridge Street, Highway 47 , et cetera . 11 A couple of comments just on some of 12 the specific criteria for the zoning from 13 residence to business . It ' s clear that as a 14 residence , this property, first of all , is not 15 being well used, it ' s been vacant for quite some 16 time, and with all of the changes that have been 17 made to the highway, there would be considerable 18 safety issues in trying to sort of resurrect this 19 as a viable residence . 20 You ' ve got a driveway right there at 21 the bridge that comes out on 47 , which now has a 22 curb down the middle of it, so your access is 23 going to be somewhat limited, and just the idea 24 of a residence within a few feet of that highway 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 22 1 clearly fits with what the City has already 2 foreseen as an improper use . In terms of -- That 3 speaks to health, safety, that type of thing . 4 In terms of adjoining and 5 neighboring properties , again, we think this 6 makes a good transition of -- from the 7 neighborhoods to the north, to the park that 8 surrounds the property, to the river and business 9 districts to the south . 10 This would be a use that ' s very 11 appropriate and flows well given what the City ' s 12 vision has demonstrated for the area . 13 On the other hand, leaving it as a 14 residential use we believe is going to just see 15 continued negligence on the property, it ' s not 16 going to be able to be used well , you ' re going to 17 see continued deterioration as it sits on the 18 market, and in order to get this back into a 19 viable and useful part of the community which 20 will , if all goes well, bring some good jobs , 21 bring a good opportunity for the community to 22 spend their dollars , and bring a nice, attractive 23 location to fit with what ' s around it, we think 24 that business zoning would be appropriate . itosfi Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 23 1 If there is any questions as we move 2 forward with regard to any of the other specific 3 criteria, I ' m happy to address those, but I do 4 want to touch just on one or two items with 5 regard to the variance request as well . 6 The variance request that we ' re 7 asking for is simply to allow construction of the 8 structure all the way up to the rear yard line 9 rather than to impose the typical 20-foot 10 setback . I1 The purpose of the setback is to 12 provide open space between buildings . In this 13 case, the property is surrounded by open space, 14 the park goes all the way around it, and so the 15 need for that really doesn ' t exist in the way it 16 would traditionally exist in a business district 17 where you want to make sure that the buildings 18 are well spaced . 19 On the other hand, the property is 20 not only unique in its location, it ' s also unique 21 in its layout . It is a full acre, but it ' s a 22 very long, narrow acre, which makes construction 23 on this property very difficult . 24 It also -- that ' s exacerbated by the 2itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 24 1 fact that the property leads down to the river 2 and so there is a significant amount of the 3 southern edge that ' s in floodplain and can ' t be 4 built on at all , and so what you end up with is 5 you try to fit a footprint of a useable building 6 into a very narrow space, and so having that 7 extra 20 feet -- in order to put a useable 8 structure on the space, having that extra 20 feet 9 becomes very important . 10 How does that weigh against the 11 neighboring property? As I said, as a park and 12 as open green space, we don ' t have the same 13 concerns about putting structure up against 14 structure . 15 Adequate light is maintained, 16 adequate air space is maintained, all of the 17 things that you would normally expect to see that 18 are protected by setbacks , and so we think that 19 the variance is appropriate given the very unique 20 nature and the very unique location of where this 21 property is . 22 So with that, I ' ll ask Mr . Schultz 23 if he ' d like to from an engineering perspective 24 add any thoughts , and then we ' re happy to 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 25 1 entertain any other questions . 2 DAVID SCHULTZ, 3 testified from the podium as follows : 4 MR . SCHULTZ : Good evening . David 5 Schultz , HR Green, licensed engineer, Yorkville 6 resident and Yorkville business . 7 Just to expand a little bit upon 8 what Jeff had said, in your packets, Concept 1 I 9 believe it ' s called is what I had prepared, and 10 the petitioner essentially asked me to prepare a 11 site plan what could he fit on this property, and 12 this is merely just a concept , it ' s not a final 13 plan . It ' s just a starting point . 14 So what we have there is a 12 , 000 15 square foot building, 8 , 000 square foot envelope 16 with 4 , 000 down on the lower floor . 17 By ordinance we are required to put 18 36 parking spaces . We have 38 shown total . 36 19 is regular, two ADA as required . 20 Also, the existing driveway off of 21 Route 47 is to be maintained, that is IDOT 22 controlled . We are looking to keep that as a 23 right in, right out , and it would be for 24 deliveries only, deliveries and essentially 9itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com mmmmmw 26 1 garbage, and that ' s all that can be pretty much 2 done . Based on the topography of that access to 3 the main parking, the parking lot would be 4 off-site . 5 Also, you know, this -- to highlight 6 more on the site characteristics , it ' s really the 7 view corridor of this property and the proximity 8 to the water is what we ' re after and what this 9 petitioner is really seeking . 10 The topography, we drop about 40 to 11 50 feet, depending on what the set elevation is , 12 so that would enhance the view corridor up, 13 upstream or up river . 14 Also, there is community assets 15 relative to this piece of property . We have 16 parks , we have the church, we have the Route 47 17 corridor and sidewalks . 18 There is no other place available in 19 town that meets what this petitioner is seeking, 20 and hence why he ' s here . 21 If there is any other questions that 22 I have, we continue to work with Staff, and we ' re 23 not seeking any other ordinance -- or variances 24 from the ordinance than any typical developer 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 27 1 would do, would seek . 2 CHAIRMAN HARKER : Thank you . Excuse me, 3 Mr . Lewis . Would you like the responses entered 4 into the record? 5 MR . LEWIS : Yes , please . 6 CHAIRMAN HARKER : Okay. Thanks . 7 MR . LEWIS : Thank you . 8 CHAIRMAN HARKER : Anybody else who would 9 like to speak in favor of the request? 10 LYNN DUBAJIC, 11 testified from the podium as follows : 12 MS . DUBAJIC : Good evening, I ' m Lynn 13 Dubajic . 14 As the economic development 15 consultant to the City of Yorkville , I ' m always 16 looking for property that would allow for new 17 capital investment in the town, opportunity, job 18 creation, and to help on entrepreneurs succeed . 19 This property and home truly no 20 longer lends itself to residential use, 21 particularly due to its proximity to Route 47 , 22 and personally I ' d like to ask you to -- 23 respectfully ask you to consider a favorable vote 24 on the rezoning and the variance as presented to l2itosfi Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 28 1 allow for all of these things to take place . 2 Thank you . 3 CHAIRMAN HARKER : Thank you . Anybody 4 else in favor and would like to come up and 5 speak? 6 No response . ) 7 CHAIRMAN HARKER: None, okay . 8 Those who are in opposition of the 9 request, please come up one at a time . One thing 10 I ' d like to ask is that since we do have a lot of 11 people here and since there is only a -- you 12 know, a couple that were in favor, if the person 13 that went in front of you is saying virtually the 14 exact same thing, just for time constraints and 15 so we don ' t have to go through the repetition of 16 everybody, let ' s just make sure that, you know, 17 you wrote your name down on the list and that 18 will be put into the record . Thank you . 19 NATHAN SCHATTKE, 20 testified from the podium as follows : 21 MR . SCHATTKE : I ' m Nathan Schattke, 308 22 Colton Street, Yorkville . I ' ve been here since 23 1998 . 24 I petition against this rezoning as r2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 29 1 it will cost me money, it will lower the property 2 value that I have right now . In December of 3 2015 , my property was assessed by a registered 4 assessor at $120 , 000 . 5 Yester -- this year, in the spring 6 of this year, the house next to me sold for 7 195, 000 , a very similar house, both very old 8 homes in the old part of Yorkville . 9 Yesterday the owner of that home 10 spoke in open record on the adjustments to the -- 11 potential adjustments to the park that that park 12 was a material part of why she purchased that 13 house and why she spent so much on that house . 14 I will also be impacted by this due 15 to the mental health of my wife . She has 16 Huntington ' s disease and is in the mid stages of 17 it and cannot handle changes in her environment 18 very well , so we have to stay in this house . 19 Going for walks in the woods is 20 calming and peaceful for her . That disease 21 destroys the brain, creates a lot of anxiety, and 22 she has stopped work because of those kind of 23 anxiety things . That park is a material part of 24 her mental health . She takes her grandchildren 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 30 1 there on a regular basis . We know that area 2 very well . 3 The plans for this proposed zoning 4 change are contingent upon having access through 5 Main Street and not Route 47 . 6 This is in direct violation of Ron 7 Clark ' s donation of a very -- well , almost 8 donation of that land to the City. That is a 9 business use of his park . That is against the 10 contract that the City signed . 11 The City is likely to incur -- 12 encounter significant financial obligations due 13 to being sued for violating that agreement . That 14 will affect my taxes . I will be materially 15 affected by this . 16 I ' ve heard mention that the property 17 is vacant and that it ' s worthless because it ' s 18 vac -- because it ' s residential . I contend that 19 the cost of the property is the reason it ' s 20 vacant , that the cost of the property, the cost 21 of the rent, is the reason it ' s vacant . If the 22 property were priced appropriately, a family 23 would move in there . They would access Route 47 24 on a regular basis a small amount . 9itosh 1Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 31 1 As children are rolling down that 2 hill on Route 47 on the sidewalk, they would 3 encounter a car coming in or out of that 4 residence five , ten times a day . With a 5 business , unless you ' re coming through Main 6 Street , and even then you ' re going to have a lot 7 of turning in and out of that property . 8 I disagree with the change in zoning 9 to Business and that the amount of traffic 10 involved will be a direct risk to life and limb 11 of children riding bikes down Route 47 there with 12 the steep hill . It does get out of control 13 there . 14 The petitioner had mentioned that 15 light is not an issue because there is no 16 property on the other side . Currently that 17 property is a buffer of sound and light to the 18 park and to the next neighbor on the other side . 19 With property -- with a property 20 line variance of zero, that sound and light of 21 potentially 150 party-goers at a time will be 22 drifting all across the park, up into my 23 neighborhood . 24 I already hear it from the South 2itosh liep ortin Service 815 . 993 . 2832 cms .vitosh@gmail . com 32 1 Branch Barbeque . I kind of like it sometimes , 2 but it ' s still there . There is a lot of noise 3 involved here . 4 There is an environmental aspect to 5 that noise and light . If you give a zero 6 setback, the environment of the park will 7 materially be impacted . There are 8 macroinvertebrates that live in that seat . The 9 macroinvertebrates last for years in their larval 10 stage and they are very rare now . 11 We used to have a lot more of them 12 as we had swamp, but a lot of swamp ' s been 13 drained . 14 That seat running along about 15 30 feet up from the river provides an environment 16 for these macroinvertebrates that lasts several 17 years , such as larger dobsonflies . 18 Currently the park rules are it 19 closes at dark . The proposed use of this would 20 be to go into that park after 4 : 00 p . m. and to 21 midnight . Animals and the environment will 22 suffer due to the increased traffic after dark . 23 I would not have an objection to a 24 single winding lane going through the park and 9itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 33 1 into this property from Main Street . I do 2 sincerely object to a double-wide 20-parking 3 space access through our public park for a 4 business purpose . 5 This guy has got to get his own act 6 together, figure out how he can live within the 7 zoning, like OMG and the doctor that set up the 8 home healthcare enactment further up the road . 9 They all got their 20-foot setbacks , 10 they match into the neighborhood, they don ' t 11 impact it that bad . OMG is a bit bad on the 12 light , but they ' re not too bad, but they do have 13 their 20-foot setback, and that is important for 14 our neighborhood . 15 Thank you . 16 Applause . ) 17 ROBYN SUTCLIFF, 18 testified from the podium as follows : 19 MS . SUTCLIFF : I ' m Robyn Sutcliff, and I 20 am here today as a resident of the area , I live 21 in the neighborhood, and I was an alderman from 22 the years of 2007 to 2011 . 23 Being an elected official or a 24 volunteer official isn ' t always easy and it ' s 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 34 1 often a thankless position that leaves 50 percent 2 of the public liking you and possibly 50 percent 3 hating you depending on how you vote . 4 I always tried to do my best to vote 5 for what was within the law and what was best for 6 the citizens of Yorkville . 7 There is a few things that I am 8 really proud of during my time as an alderman, 9 elected official . Second only to keeping a 10 landfill out of Yorkville was the work that I did 11 directly with Ron Clark and his family to provide 12 the one and only passive park to the residents of 13 Yorkville . 14 A passive park is one with no 15 swings , no slides , no things . It provides a much 16 needed natural space that people can sit, talk, 17 read, write and just enjoy . 18 We have many parks in our city, but 19 Ron Clark Park is the only passive park we have 20 here . 21 When I met Ron Clark, he had 22 congestive heart failure . Doctors told him there 23 was nothing they could do to help him, he could 24 die at any moment . fitosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 35 1 Despite his dire medical condition, 2 Ron was happy and jovial and active . He was at 3 every Yorkville event I ever went to looking like 4 a picture of health . I ' m certain that anyone 5 that knew him would say the same thing . 6 I met Ron and his sister Sharon many 7 times . We discussed the importance of his 8 property and the history of Yorkville that was 9 attached to it . 10 He was very leery of selling the 11 property to Yorkville , but I , the mayor, the City 12 administrator, the City attorney, and his 13 attorney assured him that this contract was 14 ironclad and that his family ' s wishes for the 15 property would be held up no matter -- forever, 16 no matter who was sitting in the City Council 17 chairs . 18 Ron was never married and he had no 19 children . His family had owned the property for 20 generations since 1950 -- 1859 I believe . His 21 grandfather was Dr . Hopkins . He was the first 22 physician here in Yorkville . 23 He had a sister and a brother who 24 lived out of state and neither of them wanted the 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 36 1 property, but it was special to the family, so 2 they contacted Mayor Burd . 3 Their proposal was to sell the 4 property to the City for approximately a third of 5 the appraised price, $550, 000 . In return for 6 this discounted price , Ron would be able to live 7 in the home until he passed . 8 Additionally, his family required 9 that the property would forever be open space and 10 park land . This is plainly spelled out in the 11 purchase contract and the deed, which I would 12 assume most everyone here has seen . If you 13 don ' t , I have it . 14 Upon Ron ' s passing, the City of 15 Yorkville took possession of the property, tore 16 down the home, and dug up the foundation per the 17 family ' s wishes . 18 Ron Clark Park is a beautiful space 19 on the Fox River that can be enjoyed by young and 20 old, residents and non-residents , forever . 21 The possibility of a private 22 business using this part of the park as a car 23 path and a parking lot is in direct opposition to 24 the sales document , the deed, and the wishes of r2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 37 1 the Clark family . The City of Yorkville should 2 abide by its legal and ethical obligations . 3 In regards to the specific item 4 today, the zoning, this property is surrounded by 5 residential property on all sides except the 6 river . 7 There is no viable entrance to this 8 property . It was petitioned to IDOT twice to two 9 different spots to -- an entrance and exit to it . 10 Both were denied . 11 I ' d have to say that we should agree 12 with IDOT, there is no viable entrance without 13 destroying part of Ron Clark Park, which really 14 shouldn ' t even be an option since legally this 15 isn ' t even possible . 16 It appears that since everything 17 around it is residential , this appears to be a 18 spot zoning . Spot zoning is changing a zoning on 19 one particular parcel regardless of everything 20 around it . This is not a good method of zoning . 21 I believe this poses a safety 22 hazard, which someone also said . I don ' t know 23 that it ' s been through the Public Safety 24 Department, the committee, or if it ' s had a 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 38 1 traffic study done or what the Police Department 2 of Yorkville think of this . 3 With the extreme amount of people 4 that are going to possibly be going in and out, I 5 don ' t know where they ' re all going to get on 47 6 without going down a very small Colton Drive, 7 down to Somonauk Street and exiting there , and it 8 just doesn ' t seem feasible . 9 Currently on our Comprehensive Plan 10 it ' s a traditional neighborhood center, which 11 means neighborhoods only . No businesses are on 12 the Comprehensive Plan at this point . 13 I ask you to look at all aspects of 14 this zoning before voting against it . Due 15 diligence is needed at this time . There is no 16 hurry . This is a very important decision . I 17 respect your time and efforts . 18 Applause . ) 19 CHAIRMAN HARKER : Ma ' am, real quick 20 before we start , I , you know -- we see the -- you 21 know, the passion that we all have for this , you 22 know, for the town and this particular item on 23 the agenda, but, you know, what we ' re here -- 24 what we ' re here to do tonight is to -- you know, 12itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 39 1 the request is for the rezoning classification 2 and the variance for the rear yard setback . 3 That ' s what we ' re ruling on; that ' s what we need 4 to talk about and focus on tonight, okay? Thank 5 you . 6 DARCY TELLONE, 7 testified from the podium as follows : 8 MS . TELLONE : That ' s what we are talking 9 about . Thank you . 10 Hi . My name is Darcy Tellone and I 11 am the individual that Mr . Nathan was talking 12 about . I recently moved into the area on Colton, 13 mainly for one of the facts was because it had 14 this beautiful park across the street from our 15 house where we can raise our two small children . 16 We love the area, we love the park, 17 we love the neighborhood . It has such a flare 18 for the historic homes and that ' s what we love . 19 I can ' t imagine what would happen if 20 this plan came to light . We don ' t want it . This 21 house is -- There is a house there , it ' s in a 22 residential area . If I were to move -- I moved 23 just in June . If this were already built, I 24 would not have bought my house, because I live in 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 40 1 a residential area and that house is in a 2 residential area . 3 I would not have purchased the house 4 on Colton knowing that there was going to be on 5 Friday and Saturday nights We Are Family pounding 6 all through the night where we can hear the most 7 annoying wedding songs over and over again for 8 the next 30 years of my mortgage . 9 Okay . So again, back to the zoning . 10 I ' m sorry that this house is not the attraction . 11 Like Nathan said, if it was priced accordingly, 12 somebody would move into it , renters would move 13 into it . 14 They want to make some money, 15 changing it into a commercial land, that is not 16 what it was designed for . It is a house . They 17 can figure it out . 18 However, another genius idea : The 19 City can buy it , build a small nature center . 20 Applause . ) 21 MS . TELLONE : We can have walking field 22 trips with all the schools around . I am -- I 23 teach in Oswego . Walkingfield trips are anp 24 amazing thing for the kids to do . 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 41 1 You have Parkview Christian School , 2 you have Yorkville Grade School , you have the 3 high school , you have all these institutions that 4 could walk through a nature center, walk through 5 the park and utilize it and learn from this park . 6 Use the park . Use it . Help like -- Build 7 something there that we can use . A banquet 8 center is not what we need right now . 9 You can have Park District classes 10 at this nature center, you can have yoga in the 11 park, you can have self-guided tours , you can 12 have guided tours . 13 The neighborhood wants this . 14 Yorkville would love this . Families would enjoy 15 this . Think -- Don ' t think, you know, this is 16 all about money here because it really shouldn ' t 17 be . 18 Ron Clark left a space for us to do 19 what he wanted us to do with it, enjoy nature, 20 enjoy animals , enjoy the park . 21 A parking lot , which is what we were 22 told yesterday, can be considered open space . 23 Well , next time you are out with your grandkids 24 or your kids , say, Let ' s go throw the frisbee in 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 42 1 the open space parking lot that ' s well lit, or 2 maybe we should go to a beautiful open park with 3 beautiful trees and grass . 4 Sometimes the things that we can do 5 we shouldn ' t do . So really sit on that . Just 6 because we can, should -- should we be doing 7 this? Thank you . 8 Applause . ) 9 AUDRA HENDRIX, 10 testified from the podium as follows : I1 MS . HENDRIX : Good evening . Audra 12 Hendrix, East Main Street, Yorkville , Kendall 13 County Board District 1 and chair of the Economic 14 Development Committee for same . 15 Petitioner would like us to believe 16 that this is an ideal place for his business to 17 go in and yet it requires a variance because , by 18 his own words , the property is too long and not 19 wide enough, which will require him to back up to 20 a park that the City is under contract to never 21 use for a commercial purpose . 22 Now, I don ' t know how many weddings 23 require a banquet hall that have only 90 people 24 at them, but I would estimate that to support a itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 43 1 12 , 000 square foot building, you ' re going to be 2 having a lot of large weddings there, and the 3 parking that you ' re proposing to put in in the 4 park, that you ' re not legally allowed to do, is 5 wholly inadequate for the number of people who we 6 should be expecting to frequent this banquet hall 7 in order to sustain it and make it profitable . 8 So where will they park? 9 UNIDENTIFIED AUDIENCE MEMBER : In my 10 yard . 11 UNIDENTIFIED AUDIENCE MEMBER : In the 12 street . 13 MS . HENDRIX : Yes . Up and down the 14 street and into Colton, and then when they go to 15 leave, will that be orderly? 16 There are so many other places that 17 we desperately need the development , like on the 18 south side of the river, and if that ' s not to 19 petitioner ' s taste , then perhaps he can look the 20 hundreds of miles of Fox River for another 21 location rather than encroach upon what is 22 clearly something that only petitioner -- he is 23 singular in his view that this is a good idea . 24 We have huge wildlife there that I ' m 12itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 44 1 not sure you ' re all aware of, including bald 2 eagles . 3 Now, Miss Sutcliff elegantly stated 4 earlier that the sidewalk provision would be 5 nice, and it would be , but when people ask her 6 well , what is there to do, she has trouble 7 telling them, because we already have a lot of 8 restaurants and bars . 9 What we don ' t have are a lot of 10 places like a nature center or a little mini 11 preserve where all these people we are hoping are 12 going to come from Yorkville and the surrounding 13 area and hopefully well into the future even 14 farther out to visit our downtown area and linger 15 will probably want to be able to take a break 16 with their kids to some place natural , and I 17 cannot think of a more graceful transition from a 18 beautiful 150-plus-year-old residential 19 neighborhood to the downtown area than this sweet 20 transition of a park as it gracefully descends to 21 the river . 22 If you ' re having to make variances 23 for a project for whom clearly everyone who 24 managed to find out -- because the notification 2itosh Reporting Service 815 . 993 . 2832 cros . vitosh@gmail . com 45 1 that went out was paltry at best, who managed to 2 find out from word of mouth brought this many 3 people, do you honestly believe that you should 4 grant this variance? 5 What if it was at the end of your 6 street , next to the park your kids play at? 7 Would you vote yes? I wouldn ' t . 8 And if by chance somehow this zoning 9 issue does manage to come to the County Board, I 10 will vote an emphatic no and I will encourage the 11 other board members to do so as well , and they 12 will probably agree, not least of which because 13 we are redrawing the TIF District . 14 Having already paid for a lot of 15 infrastructure in areas that we want to develop 16 in that are currently zoned commercial , you are 17 now asking us for the privilege of a business we 18 don ' t want, to pay for it with our taxes . 19 Are you out of your mind? 20 Applause . ) 21 MS . HENDRIX : It is mind boggling to me 22 that we feel we have to be compelled to show up 23 in these numbers to shut -- to fight the shear 24 lack of logic . fitosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 46 1 Now, does Yorkville need more 2 business ? Yes . Does Kendall County need more 3 business ? Assuredly . Does it need to think hard 4 and long about where it puts them? Very much so . 5 And I will hope that you will in this instance 6 understand that for the overall development of 7 Yorkville and the beautiful residential 8 neighborhoods that keep people here and the 9 property values high that we will respect what is 10 clearly the wishes of the people who this touches I1 most . 12 Petitioner is free to find another 13 location of the many miles available along the 14 Fox River . He does not need to impede into our 15 neighborhood, one that by his own admittance 16 requires a variance because the shape of the lot 17 doesn ' t work for him. I would respectfully 18 request that you find a spot that works better 19 for you . 20 Thank you . 21 Applause . ) 22 CHAIRMAN HARKER : Sir, before you get 23 started, all the applause -- you know, we are 24 here, we need to respect everybody ' s wishes, 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 47 1 those of the petitioner, members of the board, so 2 we don ' t need to be applauding as we ' re going on 3 here . It ' s just not needed . 4 UNIDENTIFIED AUDIENCE MEMBER : Can I ask 5 you why not? 6 UNIDENTIFIED AUDIENCE MEMBER : Yeah, why 7 not? 8 CHAIRMAN HARKER : We are trying to have 9 some order, we are going through here, we ' re 10 letting the people speak . 11 UNIDENTIFIED AUDIENCE MEMBER : The 12 people are speaking what ' s on their mind . It ' s 13 serious . 14 CHAIRMAN HARKER : What ' s your name , sir? 15 UNIDENTIFIED AUDIENCE MEMBER : I think 16 we should all clap and maybe whistle . 17 CHAIRMAN HARKER : What ' s your name , sir? 18 Applause . ) 19 CHAIRMAN HARKER : Come on up . 20 MR . MILLIRON : My turn? 21 CHAIRMAN HARKER : Yes . 22 TODD MILLIRON, 23 testified from the podium as follows : 24 MR . MILLIRON : This zoning request is a itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 48 1 shoehorn fit -- 2 MR . OLSON : What ' s your name? Sorry . 3 MR . MILLIRON : Oh . Todd Milliron . I ' m 4 a -- I have a Yorkville address, but I am not a 5 city resident, but I am very interested in what 6 happens in Yorkville . 7 The zoning request is a shoehorn fit 8 at citizen expense . The elephant in the room is 9 this five-acre park which you don ' t want us to 10 talk about . 11 This park land was purchased with 12 City of Yorkville resident taxpayer dollars . It 13 is not the function of municipal local government 14 to subsidize a new business venture with city 15 land and at taxpayer expense and taxpayer funds . 16 IDOT has denied the driveway cut for 17 this one particular parcel . The designated use 18 of the adjoining land is a park, which was sold 19 to the City of Yorkville at a deep discount with 20 the specific designation that this land would be 21 open space and be a city park for all to use 22 forever in perpetuity . 23 We are being asked as a part of this 24 proposed agreement for you to limit citizen use 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 49 1 of this park on weekends so the petitioner can 2 have sole use of this park land during designated 3 time frames , to limit park use to the benefit of 4 one individual for a business venture , and that 5 is wrong . 6 This was not what was intended by 7 Ron Clark, the person who this park is named 8 after . To allow otherwise is a perversion of 9 this man ' s legacy as left to the citizens of 10 Yorkville . I1 It is wrong to turn this park into a 12 parking lot for 48 cars for the benefit of one 13 private venture and one entrepreneur . 14 Maybe the City should look at 15 acquiring this particular parcel and expand the 16 Clark Park . There may even be grant money 17 available for this particular idea . 18 Thank you . 19 Applause . ) 20 ALISON METZ , 21 testified from theP odium as follows : 22 MS . METZ : Hi . My name is Alison Metz, 23 I live at 402 Colton Street . That ' s one block 24 north of Ron Clark Park . I want to put an Vitosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 50 1 emphasis on the word "park" . 2 I don ' t have a lot to say; I spoke 3 quite a long time and very passionately last 4 night about this , but you directed us to talk 5 about zoning, so here we go . 6 I am not a business person, I ' m not 7 a developer, I 'm not a zoning person . I don ' t 8 know very much about any of those things , but I ' m 9 an intelligent , educated person who lives in 10 Yorkville , and what I heard on the description of 11 what ' s being asked in the zoning change for this 12 property is a square peg trying to be fit into a 13 round hole . 14 I 'm all for development that is 15 thoughtful, respectful , appropriate and well 16 planned, and I am having problems with all four 17 of those words in regards to the zoning change 18 for this property . 19 I don ' t think it ' s thoughtful , it ' s 20 certainly not respectful , as we have heard in 21 regards to the covenant that was made between the 22 City and the individual who gave this land to the 23 people of this community, so it ' s certainly not 24 respectful . I don ' t think it ' s particularly fitosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 51 1 thoughtful . It ' s certainly not appropriate 2 because we ' ve already heard that the lot is not 3 appropriate for the building that ' s being asked 4 to be put on it . 5 It doesn ' t have appropriate access 6 onto Route 47 ; therefore , we have to make a 7 zoning change that allows that an access road is 8 going to come through that park . 9 Now, I think that zoning has to be 10 thought about how it impacts the surrounding 11 neighborhood . I live on that street, so that -- 12 that path as we want to call it, a path, even 13 though it ' s going to be a road, is going to 14 impact the traffic flow that comes down my 15 street . 16 My street is not particularly 17 well-lit . We have streetlights , not a lot of 18 them. We don ' t have curbs on that street , so 19 this overflow parking and this traffic -- because 20 if you have 150 people potentially at a banquet 21 hall , you know, 48 spots are not going to meet 22 the parking needs , so they are going to park down 23 our street, so that zoning change is going to 24 affect how my neighborhood is used . 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 52 1 So now you ' re going to have a lot of 2 people parking up and down either Main or Colton 3 Street where there are no curbs , so you are going 4 to have impact on your parkway, all right? So 5 just something to think about there . 6 I heard that there is swamp land on 7 the property, it ' s an odd-shaped lot . There ' s 8 not enough room for it, so you have to zone to 9 extend back, and I heard that , you know, it 10 wouldn ' t impact a neighbor to build back up 11 against the property line, but it certainly 12 impacts anybody that wants to use what ' s supposed 13 to be our public park . 14 If you ' re in that park and this 15 building is built right smack up against that 16 park, there is an impact to the people who go 17 into the park . 18 There is not existing space for the 19 amount of parking that needs to happen, there ' s 20 not appropriate access without impacting the 21 park, so I don ' t think it ' s an appropriate use of 22 well-planned economic business growth in our 23 area . 24 And that ' s about all I have to say itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 53 1 on that, so thank you for your time . 2 CHAIRMAN HARKER : Thank you . 3 Applause . ) 4 FRED GAEBLER, 5 testified from the podium as follows : 6 MR . GAEBLER : I ' m Fred Gaebler . I live 7 at 202 East Main Street . That ' s right adjacent 8 to the Ron Clark Park . The Comprehensive Plan 9 had originally -- has listed the Schomer house as 10 residential . 11 By not sticking with this existing 12 plan and changing or rezoning the property to be 13 commercial, it will require a pathway through the 14 public park, and last night -- I was at last 15 night ' s meeting, and the City attorney -- and 16 I -- I would respectfully disagree with the City 17 attorney ' s definition of a park pathway . 18 I hope you guys may want to look 19 that up, by what most building people or most 20 economic development people call it , because a 21 park pathway I believe most commonly is meant to 22 be defined as a pathway within parks for use to 23 maintain access within the park, not through the 24 park for the benefit of an adjacent parcel . 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 54 1 Okay? 2 And that ' s -- that ' s a -- that ' s a 3 big difference because if you ' re going to use 4 your pathway, it should be in the park to help 5 pick up the garbage, maintain all the stuff and 6 allow people as public access , and I think that ' s 7 something else that I think was poorly defined 8 last night by the City attorney. She thinks 9 public access means -- I don ' t know what, but you 10 should get a good definition of that . 11 The commercial use also requires 12 more parking than the rezoned parcel would 13 accommodate . You know, unless you could put in 14 some covenants , you know, maybe there are , and I 15 don ' t know the zoning rules for the county, maybe 16 you could make the guy put in a vertical parking 17 lot . I mean, you know we ' re all thinking flat 18 ground, if you want to do it , you could 19 accommodate the cars , it just might be a little 20 expensive , you know, and I don ' t know how high 21 you let them build buildings in Kendall County . 22 So we have to accommodate 23 the -- we can ' t accommodate it all with 24 conventional parking, so that requires parking 2itos/i Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 55 1 space to be built at a cost to the developer and 2 to the City, and I ' ll also add to the environment 3 because you ' re going to have to remove trees to 4 build this parking lot, and, you know, 5 my -- this is -- this is supposed to be a 6 public-private partnership . 7 Well , everyone can have their own 8 vision of what a public-private partnership is . 9 Mine happens to be that it ' s -- when you have 10 this public land, you know, it ' s -- it should be 11 low impact and more reversible, such as the use 12 that we ' re using in the town square for our 13 farmer ' s market and craft fairs . 14 You know, I ' ve heard of other cases 15 where they may allow beer gardens and things , but 16 it ' s closely controlled and stuff in other towns , 17 but this is going to forever change the park, so 18 the -- you know, the tree removal , the parking 19 space , you know, and the questionable pathway 20 leads me to think that this is a conflict with 21 the terms of the sale of the Clark family, no 22 matter -- and no matter what the legal opinion, I 23 know all the alderman are operating on the legal 24 opinion of the attorney that this was okay . 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 56 1 This is also the attorney that 2 signed off on the original agreement that came 3 in, you know, written by Dallas Ingemunson . 4 So this could lead to -- and I think 5 this may open up and lead to some legal action, 6 which would be another cost to be considered by 7 the City, and, you know, worst case, if there 8 would be a legal cost, if it went to court , the 9 City could actually lose the property I guess , 10 I ' m not sure, I ' m not a lawyer, if there -- I1 because of the breach of agreement . 12 If it wasn ' t written in the 13 agreement , unfortunately, then it was probably a 14 mistake, but if they lost it, then the Clark 15 family could have a bonanza, they could then give 16 it to something like that -- let ' s say the -- you 17 know, the conservation foundation and maybe never 18 have to pay taxes again in their life . 19 And all of this could be avoided if 20 you just follow the original Comprehensive Plan 21 and stay with residential zoning . That ' s where 22 I ' m at with that . I ' d like to ask a few -- or 23 throw a few questions out there if this is okay . 24 You know, if the parking spaces that 1itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 57 1 are on this can be available -- and maybe this is 2 for another time -- but at all time and to all 3 people , and how is this going to be enforced? 4 You know, if I decide to have a 5 party, can I use those parking spaces , you know, 6 and if it is a conflict, are they going to come 7 and tow my friends? 8 During events when alcohol is 9 permitted for everyone at the park -- at the park 10 they ' re going to allow alcohol , there is going to 11 be a cost involved because is everyone going to 12 be able to do it or is it just going to be the 13 people at the event and how are you going to 14 police this and if you are , are you going to have 15 to have additional police force out there? 16 I have -- I never got an answer, I 17 tried to call the Historical Society . I happen 18 to live there and I ' ve done some restoration of 19 my backyard to try to get rid of the honeysuckle 20 and the wild flowers , and in the process I ' ve 21 found points , arrowheads , flint knappings , I 22 think even a fur trader ' s pipe . 23 I would not be surprised if they 24 start digging, they ' re going to -- they could run 9itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 58 1 into an archeological dig, and has there even 2 been a consideration about an archeological study 3 about this . 4 Other thing is weddings , you know, 5 come with high expectations . Everyone wants the 6 perfect wedding . If this -- if this -- you know, 7 and when these events happen, you ' re also going 8 to have people walking down that might want to go 9 fishing . 10 This is kind of a -- you know, a 11 conflict , and I would think at the very least the 12 utilization study of the park, I hear it ' s 13 underutilized, there was a better use for this 14 property, you know, I would like to know if a 15 utilization study has been done to know if this 16 park -- how much this park is being used by local 17 residents . 18 I was absolutely surprised when I 19 went out and started passing out papers that -- 20 you know, how many people would show up, how many 21 people said I go there all the time . 22 We live there , we see people go in 23 and walking their dogs ; I had no idea it was that 24 many people . I know it ' s kind of chasing a few 2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 59 1 deer away, but we ' re gardeners and we appreciate 2 that, so it ' s good . 3 And I guess -- And about parking, 4 I ' d like to just say, you know, if ever -- if I 5 have people come over on Friday, Saturday or 6 Sunday, where do I suggest my guests get to park? 7 There might not be a spot there . 8 And I guess it ' s also -- does 9 anyone care about the Clark family ' s intentions , 10 and, you know, it ' s -- I was thinking about what 11 that is the penalty when you break a contract . 12 You know, legally you can say what 13 was written in the contract, you should be 14 able -- you might be able to have something 15 determined in a court of law when you break a 16 contract , but there ' s another penalty, and that ' s 17 for those people that break the contract, and I 18 believe they no longer have the credibility, 19 their integrity is suspect , and it ' s just -- you 20 just get a bad feeling when you start dealing 21 with people that you know don ' t work on a good 22 agreement , and I think the agreement between Ron 23 Clark and the City concerning the use of this 24 property that became Ron Clark Park didn ' t have a fitosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 60 1 penalty written in it for a contract , and that 2 was probably a mistake, and as most documents can 3 be interpreted differently than how they were 4 originally intended, you know, and having, you 5 know, read, you know -- and after reading Ron ' s 6 sister ' s letter, I firmly believe the City ' s 7 proposed use is a breach of the contract , and I ' m 8 willing to let the chips fall where they may, 9 but , you know, the longer I 'm alive, the harder 10 it is for me to believe that the political 11 system represents the long-term interests of the 12 people , instead it tends to represent the 13 short-term interests , the money, and I think 14 that ' s -- that ' s my opinion . 15 Applause . ) 16 FRED DICKSON, 17 testified from the podium as follows : 18 MR . DICKSON : Good evening . My name is 19 Fred Dickson . I am a lawyer . Hello, Jeff . And 20 I ' ve practiced law 53 years , I am the Methuselah 21 of the Bar . Ten years of my practice was spent 22 as City attorney and I grew up in this town as 23 well . 24 My position is I ' d like to ask itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 61 1 number of questions and then perhaps afterwards 2 make a comment , but if I may, I ' d like to ask 3 Jeff or Mr . Schultz a question . 4 The first question, the road that 5 you ' re going to put in, is that to be dedicated? 6 First of all, who is going to put the road in? 7 MR . LEWIS : I knew I was in trouble when 8 I saw Fred in line . Mr . Harker, would you like 9 me to simply stand and direct the answer on the 10 record so that you have recording of it? 11 CHAIRMAN HARKER : Yes . 12 MR . LEWIS : I know the hearing permits 13 for questions -- 14 CHAIRMAN HARKER : Yeah, that would be 15 great . 16 MR . LEWIS : -- so however the Chair 17 likes me to proceed . 18 The road, parking path, drivable 19 space -- and I use those terms because they ' ve 20 all been thrown out this evening -- is a part of 21 a concept plan that we have been working with the 22 City on to see if that would be a feasible way to 23 address the usage of -- of our property that 24 we ' re here about tonight . 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 62 1 There ' s been no decision, and at 2 this point it ' s all up for discussion and so I 3 can ' t tell you that this is going to be a 4 dedicated road, I can ' t tell you it ' s going to a 5 two-lane road, I can ' t tell you it ' s going to be 6 a walking path, I can ' t tell you if it will even 7 be here . 8 I can tell you that there ' s been a 9 plan submitted, and if it never comes to 10 fruition, then there will have to be some other I1 means of accommodating access to the property . 12 MR . DICKSON : Is it your intention then 13 that the developer build that road or are they 14 willing to build it? 15 MR . LEWIS : Well , again, you ' re asking 16 me to speculate about constructing something we 17 don ' t even know what it would be . 18 MR . DICKSON : Well , Jeff, the 19 question -- I can rephrase it this way . Is the 20 developer willing to build the road to the site? 21 MR . LEWIS : Well , that doesn ' t change 22 the substance of the question, Fred, but in our 23 original proposal -- 24 MR . DICKSON : Yes . 2itosh (Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 63 1 MR. LEWIS : -- we talked with City Staff 2 about some sort of expense sharing, not just with 3 access , including access , but also things like 4 well , if there needs to be water and sewer there 5 or if there needs to be site improvements not 6 only to this property, but to adjacent property . 7 There are all sorts of things that 8 go into the cost of developing a piece of 9 property, and we ' re willing to share in those 10 costs to the extent that they need to be there 11 for us . 12 MR . DICKSON : Are you familiar with the 13 Subdivision Control Ordinance of the City? 14 MR . LEWIS : Well , probably not as 15 familiar as you are . 16 MR . DICKSON : Which requires all the 17 developers to put their own utilities in and 18 dedicate them, and you seem to be waffling a 19 little bit, is that a fair statement? 20 MR . LEWIS : You didn ' t ask me about any 21 utilities . 22 MR . DICKSON : Well , you brought up the 23 subject of sewer and water . 24 MR . LEWIS : Yeah . 9itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 64 1 MR . DICKSON : Are they willing to put 2 that in . 3 MR . LEWIS : Sure . 4 MR . DICKSON : And what size would they 5 use? 6 MR . LEWIS : I don ' t know if the 7 engineers have gotten that far . We don ' t even 8 know how big a building will be built . 9 MR . DICKSON : How wide a road would this 10 be? You don ' t know? 11 MR . LEWIS : No, I don ' t know . 12 MR . DICKSON : Well , I ' m confused . You 13 come in and ask for a variance and rezoning . 14 Now, what I saw doesn ' t show any 15 entrance except the one we have been talking 16 about all night to 47 . 17 I understand that at last night ' s 18 meeting a road was going to be put in now through 19 the Ron Clark Park . Is that the plan now? 20 MR . LEWIS : That was the plan that was 21 proposed . Nothing has been finalized, nothing 22 has been agreed upon . 23 MR. DICKSON : Well , what -- 24 CHAIRMAN HARKER : Mr . Dickson, excuse 2itosh ?eporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 65 1 me . 2 MR . DICKSON : Yes? 3 CHAIRMAN HARKER : We need to get back on 4 topic here, back on point . 5 MR . DICKSON : Well , you don ' t think 6 that ' s on topic, Mr . Chairman? 7 CHAIRMAN HARKER: We are not talking 8 about the access there and what ' s in front of us 9 tonight is the request for rezoning 10 classification and a variance to the rear yard I1 setback . 12 MR . DICKSON : Well , I think it ' s got 13 everything to do with the zoning, as to what type 14 of entrance and access this property would have , 15 Mr . Chairman . 16 Applause . ) 17 CHAIRMAN HARKER : But those questions 18 are still not on this topic . We ' re not talking 19 about how we ' re going to get in and out , we are 20 talking about these two things . 21 MR . DICKSON : Mr . Chairman, I ' ve sat in 22 zoning hearings -- 23 CHAIRMAN HARKER : There ' s other 24 meetings -- 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 66 1 MR . DICKSON : -- for 35 years at least, 2 and if you couldn ' t explain your access , you were 3 shot down . 4 UNIDENTIFIED AUDIENCE MEMBER : Amen . 5 CHAIRMAN HARKER : There is access shown 6 on the plan and -- 7 MR. DICKSON : All right . I have some 8 more questions . Relative to this , what is the 9 area that ' s going to be in the parking lot? 10 MR . LEWIS : I can keep repeating the 11 same thing : We don ' t have a final plan . We have 12 a proposal that we ' ve discussed, we ' ve gone back 13 and forth, we ' ve made changes , we ' ve made 14 suggestions , we ' ve received suggestions . 15 There isn ' t a final plan, so there 16 is no way for me to tell you what are dimensions , 17 what are areas , what are spaces , sizes , and so 18 forth . 19 MR . DICKSON : Are you attempting then to 20 request a special use zoning? 21 MR . LEWIS : We have not petitioned for 22 special use . 23 MR . DICKSON : Just a zoning 24 classification change . 9itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 67 1 MR . LEWIS : That ' s correct . 2 MR . DICKSON : Now, I ' ve heard 48 parking 3 places . Is that the intent? 4 MR . LEWIS : No . 5 MR. DICKSON : How many parking spaces 6 are you going to put in? 7 MR . LEWIS : 38 . The current proposed 8 plan has 38 spaces allowed . 9 MR . DICKSON : 38 ? 10 MR. LEWIS : Correct . 11 MR . DICKSON : And the rule of thumb for 12 a parking place is that it takes 400 square feet ; 13 is that correct? 14 MR . LEWIS : I don ' t know . 15 MR . DICKSON : Well , let ' s do the math on 16 that . 17 CHAIRMAN HARKER : Excuse me, sir . 18 MR . DICKSON : Yes . 19 CHAIRMAN HARKER : All your questions are 20 valid and they ' re -- you know, it ' s right on; 21 however, they ' re not for this meeting . That ' s 22 what I ' m trying to say . 23 MR . SCHATTKE : This is where we get our 24 hearing . 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 68 1 CHAIRMAN HARKER : This is part of it . 2 MR . SCHATTKE : This is for the 3 community . This is before -- 4 MR . DICKSON : And is this or is this not 5 a zoning hearing? 6 CHAIRMAN HARKER : Yes , it is . 7 MR . DICKSON : And do we want to know 8 whether this conforms to the classification he is 9 requesting? 10 CHAIRMAN HARKER : You are also asking 11 him questions that aren ' t decided yet . 12 MR . DICKSON : Well , I think the Zoning 13 Ordinance, Mr . Chairman, does specify the number 14 of parking places you have to have . 15 MR . LEWIS : And I think it would be up 16 to the City to enforce that . 17 MS . NOBLE : The City code requires 18 3 , 000 -- three spaces per 1 , 000 square foot -- 19 MR . DICKSON : All right . 20 MS . NOBLE : -- of building space . 21 MR . DICKSON : And may I ask what that 22 math is? 23 MS . NOBLE : That would lead to 38 spaces 24 required for this property, which they have itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 69 1 provided, so there are no variances allowed in 2 our ordinance regarding parking . You have to 3 meet your on-site parking . They have met their 4 on-site parking requirement . 5 MR . DICKSON : And that would take into 6 consideration the upper store, too? 7 MS . NOBLE : It takes care of all gross 8 floor area . Yes , it does . 9 MR . DICKSON : Well , unless -- and this 10 is a comment , unless you can put 25 people in a 11 vehicle, parking is not going to be adequate , is 12 it? 13 UNIDENTIFIED AUDIENCE MEMBER : That 14 doesn ' t work . 15 MR . DICKSON : Now, I have a comment, 16 too . There has been some misstatements here 17 about the contract . 18 Yes , there was a contract made 19 between the Clark family and the City . It 20 specified that the Ron Clark Park would forever 21 remain a park and an open space . 22 More importantly, the deed of grant 23 to the City did provide the same thing, and I 24 think that there are serious legal problems if 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 70 1 you start to accommodate a business interest by 2 allowing a winding road through the park. 3 CHAIRMAN HARKER : Sir . 4 MR . DICKSON : Yes . 5 CHAIRMAN HARKER : The Ron Clark Park is 6 not -- We are getting off topic here . 7 MR . DICKSON : All right . But it is a 8 consideration . 9 CHAIRMAN HARKER : I understand that and 10 I hear you fully . 11 MR . DICKSON : All right . 12 CHAIRMAN HARKER : But just not at this 13 meeting . Appreciate it . 14 MR . DICKSON : Well , we don ' t seem to be 15 concerned with much of anything tonight , 16 Mr . Chairman, so I will adjourn . 17 CHAIRMAN HARKER : Thank you for coming . 18 Applause . ) 19 JOSEPH RUNKLE, 20 testified from the podium as follows : 21 MR . RUNKLE : Hello . My name is Joseph 22 Runkle and I represent myself . I would just like 23 to express that I am extremely against this 24 ordinance . 9itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 71 1 I personally knew Ron Clark . He was 2 one of the most generous and caring people I 3 know, and I know he would be dismayed and would 4 never have agreed to giving his land to the City 5 of Yorkville if he knew something like this would 6 happen . 7 Ron Clark wanted this to be a place 8 for nature and he would be appalled if he knew we 9 were in any way commercializing his land . 10 Also, I heard there was discussion 11 the other day that this would somehow benefit Ron 12 Clark Park, and what I mean there is a 38-space 13 parking lot . 14 I don ' t agree with that at all , that 15 it will benefit the park, not because it ' s not 16 popular, but because people walk to this place, 17 people bike to this place and people run here . 18 If you look at the parking lot at 19 Ron Clark Park, usually there ' s not many cars in 20 there , there ' s maybe one or two, but most of the 21 people either biked in there, walked there or ran 22 there . 23 Parking is sufficient with the lot 24 that is currently there ; adding 38 more spaces Vitosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 72 1 mainly benefits the private business and not the 2 public . 3 I would also like to add that if the 4 City does this , then others may think twice 5 before donating their land to the City of 6 Yorkville . 7 UNIDENTIFIED AUDIENCE MEMBER : There you 8 go . 9 MR . RUNKLE : I urge you all to vote 10 against this ordinance . It is the legal and, 11 most importantly, it is the ethical thing to do . 12 I am positive that if Ron Clark was 13 at this meeting, he would be completely opposed 14 to this . A vote for this would -- would taint 15 the memory of Ron Clark and his land . 16 Thank you for your time . 17 Applause . ) 18 VALERIE BURD, 19 testified from the podium as follows : 20 MS . BURD : Good evening . My name is 21 Valerie Burd . I was the mayor of Yorkville from 22 2007 to 2011 and I was the alderman for Ward 2 23 from 1998 to 2007 , so I spent 13 years on the 24 Yorkville City Council . 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 73 1 I 'm here tonight to comment on 2 what ' s going on with the Ron Clark Park . I 3 understand the benefit that this development 4 would bring to the City economic-wise , 5 economically . 6 I would, if I was on the City 7 Council, be in favor of seeing these people come 8 to Yorkville, but having been the person that 9 Mr . Clark approached, I feel an obligation 10 tonight to come out and comment on this . 11 Mr . Clark was very strongly in favor 12 of keeping this all as open space . He wanted 13 this to be dedicated to the memory of his 14 grandfather . 15 He was so much wanting it to be open 16 space that he required us , the City, to tear down 17 his house . I would have loved to have kept the 18 house as a nature preserve center, but he did not 19 want that at all , and it was included in our 20 negotiations . 21 I feel strongly that I need to talk 22 about how the zoning change would impact this 23 park and how the variance would affect it . One 24 of the things I think we need to consider is any 2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 74 1 building on the property line is going to impact 2 any trees adjacent to that spot . 3 Having some large trees on my own 4 property, I know that the roots , especially of 5 oak trees , are very sensitive to any kind of 6 impacting, and even though you don ' t tear down 7 that tree, it could end up dying because of that, 8 so you need to consider what the zoning could 9 do -- this variance, excuse me, could do to the 10 adjacent land on the park . 11 The other thing is having, like I 12 said, been on the City Council for a long time, I 13 would just like to point out that one of the 14 things we always considered was what the desires 15 were of the adjacent property owners . 16 If they who are the ones most 17 impacted by it were against it, then we usually 18 did not go ahead with whatever we were doing 19 because they ' re the ones that are going to really 20 have to face the negative sides of anything you 21 decide tonight , and so I hope you will consider 22 all of the things you ' ve heard tonight . 23 I ' m going to keep this short because 24 all of the talk about Ron Clark, you ' ve already 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 75 1 heard all of that . 2 He was a great man, and he 3 desperately wanted this property to be kept the 4 way it is right now, so please, please, think 5 about his wishes and maybe we can find another 6 spot for this development, but thank you . 7 Applause . ) 8 CHAIRMAN HARKER : Thank you . 9 TERESA GREEN, 10 testified from the podium as follows : I1 MS . GREEN : Hi . My name is Teresa 12 Green . I am a citizen of Yorkville . I actually 13 have questions . 14 I would like to know, is spot zoning 15 illegal? Spot zoning . 16 MS . NOBLE : Spot zoning, it ' s -- that 17 would be determined by a court if it , in fact, is 18 spot zoning, and it ' s up to the purview of the 19 community to decide which zoning is appropriate 20 for its land within the community . 21 MS . GREEN : Okay . So then members of 22 the committee , can you explain to me why this is 23 not spot zoning? Would this be spot zoning? 24 CHAIRMAN HARKER : Not in my mind . 2itos/i Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 76 1 MS . GREEN : Mr . Chairman, could you 2 explain why -- why is this not spot zoning? 3 CHAIRMAN HARKER : Just the location of 4 it . Just the location of it on Route 47 . It 5 wouldn ' t fall in the spot zoning in my mind 6 because of the location . 7 MS . GREEN : Okay . Does anyone have the 8 legal definition of spot zoning? I ' m just 9 asking, I really -- I just know it ' s very 10 undesirable because it can lead to a lot of 11 negative development effects in the community, it 12 can lead to chaos , it can lead to uncertainty 13 when somebody purchases a home and they happen to 14 have a very desirable acre and a half lot right 15 on the Fox River right next to them that perhaps 16 this developer would be more interested in, not 17 quite as close to 47 . 18 So I just want to make sure that -- 19 because I thought spot zoning was illegal , as 20 Krysti kind of -- I ' m sorry, Ms . Noble kind of 21 stated . It ' s considered to be undesirable , and 22 so I don ' t -- I mean, just because you don ' t 23 consider it because it ' s on 47 , I mean, you ' re 24 not rezoning an entire stretch of businesses 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 77 1 along there . 2 CHAIRMAN HARKER : Correct . 3 MS . GREEN : So -- 4 CHAIRMAN HARKER : But south it ' s B-2 . 5 MS . GREEN : So when you are rezoning one 6 particular parcel , that does tend to meet the 7 definition of spot zoning . 8 Applause . ) 9 MS . GREEN : It can lead to very chaotic 10 development . It ' s very undesirable in 11 communities . It sends negative impressions all 12 around, for even businesses coming in . 13 Who is to say that at some point, 14 you know, you don ' t come in and put a nice horse 15 farm or something and then all of a sudden right 16 next door they ' re putting in a racetrack . 17 That ' s why we paid good money to 18 have this community development plan . There is 19 plenty of unused, undeveloped commercial space in 20 Yorkville , so I don ' t understand the need for 21 rezoning a residential area . I don ' t understand 22 the need to do a spot rezoning . 23 CHAIRMAN HARKER : Okay . 24 MS . GREEN : And I just wanted to say I l9itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 78 1 read in the Times an article that developers 2 90 percent of the time get what they ' re asking 3 for from the committees of small towns . 4 I ' m hoping that we have better odds 5 in Yorkville because it ' s clear that the business 6 that wants to go in here , while it would be a 7 nice business , it doesn ' t have enough space, so 8 we ' re trying to pretend that we ' re going to 9 enhance a park with additional parking when 10 really we ' re just trying to create parking spaces 11 that I feel probably are still going to be very 12 inadequate for this business . 13 So again, the area, your job is to 14 determine if an area is of sufficient size and 15 dimension to accommodate a proposed development . 16 Clearly it ' s not or you wouldn ' t be 17 having this plan of pretending to enhance Clark 18 Park with parking spaces . 19 Applause . ) 20 MS . GREEN : Additionally, I haven ' t 21 heard any specific issues being addressed as far 22 as noise , light , the traffic impact on the 23 neighborhood . 24 Since IDOT came in and made the move 2itosh (Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 79 1 they made for River Road, closing that off, 2 getting out on Main Street is a nightmare . 3 Now you ' re talking about , you know, 4 zoning into a business that, you know, besides 5 driving through a park, they ' re going to be 6 trying to access 47 . 7 I mean, most venues like that , if it 8 is an event venue, at a certain time a large 9 portion of the people leave at the same time . 10 How is that even going to be accommodated? 11 Was there a plan for a traffic light 12 to go in there to accommodate? You know, is 13 there a plan to have an officer to release this 14 100 people out onto 47 in 100 yard space? 15 I mean, you guys are the zoning 16 committee . I mean, don ' t you have to take that 17 into consideration? 18 Can somebody tell me what -- 19 anybody? Can you tell me what you ' re thinking 20 about that, like how are those cars leaving that 21 venue going to line up on 47 and get out? 22 MR . OLSON : We ' re not building this 23 building . The petitioner is stating his case and 24 we are responding to it , but we ' re not building 2itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 80 1 this structure . 2 MS . GREEN : All right . Don ' t you have 3 to take these things into -- You said you had to 4 determine how many parking spaces were 5 reasonable . 6 MR. OLSON : We have criteria that we 7 have to ask ourselves and meet, and that ' s part 8 of this on the rezoning and variance, and that ' s 9 how we do it . We ' re not building the structure . 10 MS . GREEN : Okay . Well, I have I1 something I just want to talk about what zoning 12 in a community is supposed to be doing, which you 13 guys probably all know, you know, and again, I 14 trust that you ' re working for the community, the 15 good of the community . 16 Assist economic growth by helping to 17 reserve adequate and desirable sites for 18 industrial and commercial users . 19 I mean, I ' ve been north of town, 20 I ' ve been south of town; it seems to me like 21 there is adequate space for commercial and 22 industrial users in Yorkville already allocated 23 by a plan that we developed and paid good money 24 for . l2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 81 1 To protect the property from 2 inconsistent or harmful use ; again, spot 3 development . You don ' t want to buy your $500 , 000 4 house and have a pig farm go up next to you when 5 it was zoned residential , so you expected to be 6 having two-legged neighbors , not four . Again, 7 that ' s why spot zoning is illegal and it ' s really 8 discouraged . 9 Secondly, to protect individual 10 property owners from harmful or undesirable uses 11 of adjacent property . See my previous example . 12 As residents of Yorkville , which 13 most of you are -- I ' m assuming you are -- you 14 wouldn ' t like it either . 15 Provide orderly and systematic 16 transition in land use that benefits all land 17 uses through public hearings and local decisions . 18 Again, I appreciate the opportunity 19 for this public hearing . It ' s been a long night , 20 you ' ve all listened very attentively, so I 21 appreciate that, but you also have to consider 22 not only do they have a right to petition, but we 23 have a right to be protected . Our residential 24 zoning has the right to be protected . 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 82 1 Applause . ) 2 MS . GREEN : To make a community more 3 attractive by assisting and preserving open 4 space, unique natural resources and natural 5 terrain features . 6 That is a very unique location . I 7 live on the Fox River and I agree, but in the 8 empty lot next to me, I wouldn ' t want to see it 9 spot zoned into, you know, a two-story venue 10 either, so . . . 11 And then to inform all residents 12 where industry will be allowed to develop in an 13 orderly fashion . Again, that was the plan, we 14 paid for it with our tax dollars , and that ' s what 15 everybody has been able to expect , and that ' s a 16 reasonable request . 17 None of this -- None of what we ' re 18 requesting is unreasonable , and as our 19 representatives , I mean, you are reasonable 20 looking people . 21 I mean, anybody sitting up here 22 saying oh, we ' re trying to enhance the parking in 23 Clark Park, I mean, come on, you are reasonable 24 people , you know better . 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 83 1 To protect the community ' s historic 2 and arch -- heritage . That ' s probably where the 3 Ron Clark Park comes in, to protect the historic 4 intent of that property . 5 And then to provide standards and 6 adhere to those standards for population density 7 and traffic circulation . 8 So again, thank you for your time . 9 CHAIRMAN HARKER : Thank you . 10 Applause . ) 11 MS . METZ : Okay . Before you send me 12 away, I don ' t have a comment, I have two very 13 quick questions , and they are not intended as 14 sarcastic questions , I mean them sincerely . 15 You did state that some of the 16 questions that the people here -- and actually 17 the room was packed more last night -- that some 18 of the questions we have are not appropriate for 19 the purpose of this meeting . 20 Can you please tell me as a city 21 board as a city function here what meeting those 22 questions are appropriate for? What meeting are 23 they appropriate for? 24 CHAIRMAN HARKER : The City Council 2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 84 1 meeting . 2 MS . METZ : And that ' s Tuesday night? 3 CHAIRMAN HARKER : I ' m not sure of the 4 exact date . 5 MS . METZ : Well , we should know that 6 because we have questions that need to be 7 answered . 8 CHAIRMAN HARKER : Okay . 9 MS . METZ : Because maybe I ' m -- I may be 10 misunderstanding . What I understood is that your 11 job tonight was to decide on the zoning variance , 12 that you guys would vote on that and pass that on 13 to the City Council meeting that ' s going to be 14 Tuesday night , and that Tuesday night ' s decision 15 by the Council would determine whether or not 16 this would go through . 17 Is that a correct time frame? 18 MS . NOBLE : The recommendation from this 19 board would go to City Council , and when City 20 Council determines to hear the final petition, 21 that -- it could be on the 24th or it could be on 22 another date . 23 MS . METZ : When are we going to be 24 informed about when that would be? 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 85 1 MS . NOBLE : It would be posted just like 2 every other meeting, 48 hours in advance, or the 3 week before . We usually post it on Thursday . 4 MS . METZ : Well , we are a week before 5 Tuesday easily, so -- 6 MS . NOBLE : The petitioner can address 7 if they are moving forward to the October 24th 8 meeting, but this recommending body would only 9 forward a recommendation, and when City Council 10 has it on its agenda is when it will be heard . 11 MS . METZ : Okay . Thank you . 12 DAMON ELLINGER, 13 testified from the podium as follows : 14 MR . ELLINGER : Hi, I ' m Damon Ellinger . 15 I live at 206 East Main Street; that ' s a couple 16 properties down from the petitioner ' s requested 17 zoning change . 18 When I had first saw the signs for a 19 zoning change, I was a bit encouraged for the 20 growth of Yorkville . I like downtown Geneva and 21 I like downtown Oswego and there is a nice blend 22 of commercial and residential , Plainfield, 23 another example , but just something -- something 24 just seems a little cart before the horse, the itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 86 1 more I hear about this particular rezoning . 2 I work for a company who just 3 purchased a property in Mokena and it was 4 industrial agricultural . We had to rezone it to 5 Business 2 and we had to provide -- it was a 6 long, intense process and it was along the 7 corridor of I-80 . We developed the whole route 8 in, took care of the whole expense . 9 We had to provide a Comprehensive 10 Plan on how we were going to do so, what we were 11 going to build, exactly everything, from, you 12 know, soup to nuts . 13 I ' m not necessarily saying that the 14 property shouldn ' t be rezoned, but I just think 15 that an understanding of what ' s going to go there 16 should be in place before a decision is made 17 whether to rezone it to Business or not, because 18 once it ' s rezoned to Business , is it realistic to 19 think that well , let ' s rezone it back to 20 Residential? 21 No . It ' s rezoned to Business and 22 now it ' s manipulated the footprint to, you 23 know -- it ' s making a glass house for a 24 rhinoceros to sit in, and then -- I mean, it 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 87 1 sounds sarcastic, but the rhinoceros is not going 2 to stay within its glass house . 3 I live at 206 and to me the rezoning 4 for potentially what could be a banquet hall to 5 house a lot of people in the evening for a 6 wedding where not everyone behaves themselves to 7 the fullest at a wedding, that becomes a safety 8 concern for me and for my family living in close 9 proximity to the -- to the property . 10 There are no -- no lights on Main 11 Street . If you look out my front door at night , 12 it ' s dark . We have our porch light on . It took 13 my wife and I a while to get used to how dark it 14 is , but we moved here because it ' s peaceful and 15 it ' s calm and I want to raise my family . 16 If all these people are flooding out 17 of this event if it ' s rezoned to Business and 18 it ' s allowed to evolve after it ' s rezoned into 19 something that we currently all don ' t quite 20 understand at this point , so once it ' s already 21 rezoned, okay, we start bumping the edges of 22 what ' s allowed a little bit more and it houses 23 150 people, they flood out into the street , it ' s 24 a safety concern, not just for me and my family, 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 88 1 but for everybody that lives down Main Street , 2 down Colton, and for everybody that ' s leaving the 3 hall trying to turn out onto 47 . 4 It ' s the rhinoceros in theg lass 5 house . It ' s asking for problems by trying to fit 6 something into a footprint that doesn ' t quite 7 adequately allow for it , and to have to put the 8 variance on the 25-foot setback, well, how do you 9 build a structure with a zero footprint without 10 affecting what is a wooded area around it? Is it 11 going to be a pre -- Sir? 12 MR . LEWIS : I ' m sorry, yes . 13 MR . ELLINGER : Could it considered to be 14 a precast building that everything is put up from 15 the inside to where it wouldn ' t -- You don ' t 16 know, right? We don ' t know . We couldn ' t tell 17 you . But it just seems -- it just seems like 18 there is too much question to move forward with 19 such a powerful point of the process to me . 20 That ' s all . 21 Applause . ) 22 DAVE WALKER, 23 testified from the podium as follows : 24 MR . WALKER : Hello there . My name is J2itosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 89 1 Dave Walker . I ' ve lived in this city for 2 48 years and I am a developer, and I only wish 90 3 percent of the time we did get our way, but -- 4 but I do have some concerns with this property, 5 forget the financial , forget the commitment, the 6 word that one makes to another when a transaction 7 takes place and land is acquired . Forget all 8 that . You guys will mull that over and you ' ll 9 figure that out . 10 What you have here -- I ' ll go with 11 the logistics , let ' s just deal with that from a 12 developmental standpoint , and this is just some 13 good things to know and understand . 14 This piece of property is a little 15 bit of an anomaly, I agree , it ' s right on 16 Route 47 . If it ' s not going to be commercial , 17 what ' s it going to be? I mean, what are you 18 going to do with that piece of property? That ' s 19 one question . 20 The other issue is unfortunately we 21 are dealing with a developer slash businessman 22 that has come forward to the City of Yorkville 23 and proposed -- it is -- Even if it ' s in its 24 proposal state , okay, I ' ve got to say this , the i9itosh (Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 90 1 red flags -- this is a logistics nightmare from a 2 developmental standpoint . 3 The first red flag is when you ask 4 an individual , I ' ve got an acre or so here, what 5 can -- this is what I ' d like to do, what can we 6 do with it . 7 That in itself draws a -- should 8 draw attention to you in your decision making as 9 far as rezoning this commercially, B-2 . 10 And then secondly, I ' ve got a 11 comment in here that, you know, when you are 12 asking for a variance and all you really have is 13 a set of plans it appears -- now I only found out 14 about this yesterday, so I haven ' t done my due 15 diligence and homework, so bear with me a little 16 bit . 17 But when you are asking for a 18 variance and you really don ' t know -- a lot of 19 these questions can ' t even be answered when 20 they ' re asked by someone I respect a lot, 21 Mr . Fred Dickson, I ' ve known that man for a long 22 time, but -- and the young man before me, the 23 cart before the horse . 24 Here is our concern, when this 2itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 91 1 thing, if it does -- I can ' t see this happening, 2 but if it did get rezoned with this particular 3 project in mind, I can ' t -- I can ' t see how 4 you ' re not putting the cart before the horse like 5 he says if you don ' t discuss the details that are 6 going to be impacting these neighbors based upon 7 the rezoning now that it ' s B-2 . 8 That ' s -- that ' s another thing that 9 you ' re going to have to ponder and think about, 10 but when they have these questions that are I1 attached to what could be happening on this 12 property if rezoned for these folks , okay, I -- 13 I think that they -- they have a legitimate 14 right because they -- they -- they ' re stuck once 15 this is rezoned . That ' s my concern, 16 Mr . Chairman . 17 And now from a logistics standpoint, 18 when I say as a developer I look at this piece of 19 property and I see many issues with it . Do I 20 call it a nightmare? That ' s my opinion . 21 But when I look at this , I do see 22 that -- and I believe I -- and unless I misheard 23 the gentleman here , the attorney, for the owner, 24 that this entrance and exit right in, right out , itosh Deporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 92 1 isn ' t even suitable for residential coming in and 2 out of it, well , how is it ever going to be -- 3 unless I misheard, how is it ever going to be 4 suitable for vehicles to come in and out of it . 5 I firsthand know trying to get a 6 beverage truck in and out onto that highway? 7 Really? 8 Garbage . It ' s conveniently put 9 where it has to go in order to make this plan 10 work, where it has to go . Can you imagine that 11 garbage truck trying to work his way out on 12 there , okay? 13 Your student athletes up here -- a 14 stoplight , it took an hour and a half for a 15 stoplight to be mentioned . Are you kidding me? 16 I can walk you through that 17 4 : 00 p . m . , give me a day, Friday or Saturday, 18 I ' ll walk you through it . I know what it ' s like . 19 Without a stoplight , that convenient 20 left-hand turn lane is going to be filled because 21 this is -- when there are ceremonies, there is a 22 rush of people arriving . That turn lane is not 23 only going to be filled, but that left-hand lane 24 northbound going -- or going southbound is also 2itos/i Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 93 1 going to have traffic sitting at it, without a 2 stoplight . 3 I can ' t even believe this is even 4 being considered without a stoplight on the 5 table . 6 Now, when I ' m leaving here -- That ' s 7 just trying to get there . Now, when I ' m leaving 8 here, there ' s no stoplight , I ' m trying to get out 9 onto Route 47 and where am I headed? I 'm heading 10 into all their neighborhoods , I ' m going past all 11 their houses , is what I ' m doing . 12 That ' s what I ' m doing, and those 13 points and those things I know aren ' t directly 14 related to what you ' re voting on, but they sure 15 do have an indirect relationship to what you ' re 16 voting on . 17 They ' re going to be leaving -- and 18 I -- I ' ve lived here . You know me , I ' m telling 19 you there will be people getting lost . There ' s 20 going to be people thinking, you know what, I 21 know how to get to 34 and I ' m going to avoid all 22 this mess , and they ' re going to whittle their 23 way, wind all the way back around, and again, 24 we ' ve been very blessed and fortunate, but will 2itosfi Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 94 1 there be consumption? Sure there will be . 2 Are they going to navigate their way 3 through those back streets ? A lot of those 4 streets aren ' t lit . They ' re not lit . 5 All I ' m saying, when you consider 6 this , is that you consider all of this , because 7 this is what ' s going to be discussed after the 8 fact . 9 I ' ve known Lynn forever, I love 10 Lynn . I think she has a great heart for the City 11 of Yorkville . Trying to put this together is 12 just a passion of hers to do something for the 13 city that would be good for the community . 14 This is a tough one . This is a real 15 tough one to pass . I just -- again, and then the 16 parking, okay? I know what 300 people looks 17 like . Believe me . This isn ' t even close . 18 Your four to one ratio, Miss 19 Noble -- and I understand, I had to go through, 20 I ' ve been told, this is what ' s required, that ' s 21 what ' s required, but I can also tell you, I ' ve 22 stood out there at 11 : 30 at night directing 23 traffic, okay? 24 I know how difficult it is and how 2itosh Reporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 95 1 many vehicles it takes . It isn ' t four to one , 2 it ' s more like 2 . 2 and a quarter to one . 3 We ' re not taking our kids to church 4 or taking our kids out to dinner . There aren ' t 5 four people in those vehicles . At best there is 6 two . At best . I know . I ' ve experienced it for 7 a lot of years . 8 So you ' re talking a lot of cars and 9 a lot of parking . We put in a parking lot twice 10 this size and it cost us $700 , 000 . 11 Now, I heard something about $75 , 000 12 to not exceed with a -- and I hate to go down 13 this road because that would be saying like this 14 would even be considered, and that ' s frustrating 15 for somebody like me who has took their time, 16 looked for the right piece of land . 17 There is no other land in the City 18 of Yorkville? Well , then you might as well -- 19 all you guys , you might as well just give up your 20 jobs . 21 Applause . ) 22 MR . WALKER : This -- for 300 people and 23 for parking for this , you ' d need -- and I ' m going 24 to say you ' d need twice the parking, and Vitosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 96 1 forget -- I see oh, a generous two handicapped 2 spots . For 300 people? Not even close . And you 3 can percentage it out , I know -- I experienced 4 it . It ' s not going to happen . It ' s not going to 5 happen . 6 And the cost to the City, again, I 7 know you ' re not -- it just needs to be discussed 8 because a lot of these folks don ' t know some of 9 the nuts and bolts to what happens when the dust 10 settles and projects are done and the City ' s tax 11 dollars are spent . 12 Who is resurfacing this? It ' s got 13 to be striped when it ' s resurfaced . That ' s every 14 year . It should be if you do it right , if you 15 are diligent and you want it to last . Who is 16 paying for that? 17 This is a -- this is a gone -- here, 18 I ' ll go to $75 , 000 . This thing is going to be 19 300-plus in my opinion . In just my opinion . You 20 know what? 21 And I know it ' s late . I ' m trying to 22 think logistically if there is any other issue . 23 The stoplight is huge . I ' m telling you, without 24 a stoplight , this can ' t even be -- When you look itosh (Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 97 1 at this to someday develop this commercially or 2 B-2 , there ' s going to have to be a stoplight 3 there if you ' re looking for anything more than a 4 hundred -- 150 , 200 people, much less 300 people , 5 and I ' m not even sure over here on this -- that ' s 6 not residentially viable entrance and exit , how 7 it ' s conveniently there that that automatically 8 is okay with IDOT under a B-2 for vehicles , large 9 vehicles , to come in and out of that . 10 It ' s neatly accessible for what 11 they ' re trying to accomplish on that property, 12 but is IDOT aware of that, or do you even have to 13 contact IDOT in order to discuss whether or not 14 from a B-2 standpoint , not an R-1 , whether this 15 penetration is even still viable . I don ' t know . 16 I don ' t know. 17 And then -- I ' m winding down . I ' ve 18 got to wind down here . But where is the 19 retention? Where is the retention? There is no 20 retention on this property . 21 Forget the fact that you ' re trying 22 to put a 300-person facility on one-acre-plus , 23 okay, and then the City generously paying for 24 the -- kind of paying for the rest of it , one way 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 98 1 or another, when it ' s all said and done, the 2 impact to the taxpayer is huge with this kind of 3 project . 4 You need acres , you need money . You 5 need money. And I don ' t think the City should -- 6 and the taxpayers should be paying for it . 7 That ' s just my opinion . 8 But where is the retention on this 9 parcel of land? I ' m certain -- forget Friends of 10 the Fox, I don ' t even know what the law is on 11 water dispersing into the Fox River from a 12 commercial use . 13 I see no retention here . I know why 14 there is no retention here , though . I know . 15 There ' s no room for it . There is absolutely no 16 room for it . 17 Think hard about this . Thank you . 18 Applause . ) 19 CHAIRMAN HARKER : All right . Thank you 20 for all your comments , everybody . 21 MR . LEWIS : I ' m sorry, Mr . Harker, I had 22 asked prior to the meeting if you wanted me to 23 address any of the things that got thrown out -- 24 CHAIRMAN HARKER : Oh, yes . Absolutely . itos/ Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 99 1 Absolutely . Sure . 2 MR. LEWIS : -- that had been discussed . 3 There have been a few statements 4 made that just plain are misinformation, and I 5 understand how that happens when something like 6 this, you know, just passes around a neighborhood 7 by word of mouth and by -- Anyhow . 8 I got the impression sitting there 9 that we ' re going to take a wedding hall from Oak 10 Brook and plant it next to the river in 11 Yorkville . That was never the intention . 12 Just to remind the Commission of 13 what we ' re actually after here -- 14 UNIDENTIFIED AUDIENCE MEMBER : You don ' t 15 know what you want to build, you said it 16 yourself, so how can you comment? 17 CHAIRMAN HARKER : He ' s up here . He has 18 the floor . 19 MR . LEWIS : Based on the petition and 20 the documents you ' ve got in your packet , we ' re 21 looking to build a restaurant . 22 We ' re looking to build a restaurant 23 that would have features that would fit within 24 not only the property, but the infrastructure , 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 100 1 whether that ' s water and sewer, whether that ' s 2 the traffic patterns , whatever that is . 3 The biggest thing that I ' ve gotten 4 out of this is my client is not interested in 5 cramming a project into a city that has no local 6 support . 7 The question was asked when is 8 this -- 9 Applause . ) 10 MR. LEWIS : The question was asked when 11 is this going to go to Council . We can ' t 12 logistically continue to move forward with City 13 Staff unless the zoning will be made available to 14 do the project, which is why we ' re here tonight, 15 to ask this Commission to review our request for 16 the change in zoning for the variance . 17 That decision as you all know isn ' t 18 final until the Council approves it . It won ' t 19 happen next week . We will not ask the Council to 20 bring this forward next week . 21 We are hoping that we get your 22 approval and your recommendation in favor tonight 23 so that we know we can continue to discuss things 24 with the City and so that we can put a plan in 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 101 1 place that will work according to what not only 2 the larger city is expecting, but the people who 3 make use of the park are expecting, but we can ' t 4 do that without your recommendation tonight . 5 And so to those that want to know 6 when is this going to go to Council, the City has 7 a system in place for putting the notices out 8 there and so forth, we ' ve -- they ' re going to 9 have to rely on that, but I don ' t want 50 people 10 showing up next week for the Council thinking 11 this is all going to be discussed, and I ' m just 12 trying to be honest about that . 13 MR . SCHATTKE : I ' ll be here there . 14 That ' s official? 15 MR . LEWIS : You have it on the record, 16 we ' re not going to ask the Council to bring this 17 forward next week . 18 MR . SCHATTKE : I ' ll be there . 19 MR . LEWIS : We are asking the Commission 20 to approve it, provide a recommendation, so that 21 we can eventually go forward to the Council when 22 Staff is ready to go forward and we ' re ready to 23 go forward . 24 CHAIRMAN HARKER : Thank you . 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 102 1 MS . GAEBLER : Can I -- 2 CHAIRMAN HARKER : This is it . Like 3 please -- please , please, please , be brief . 4 Please . 5 MS . GAEBLER : I will be . What I just 6 want to say is -- 7 MR . OLSON : Your name , please? 8 GAIL GAEBLER, 9 testified from the podium as follows : 10 MS . GAEBLER : My name is Gail Gaebler . 11 I live on Main Street . And I just want to say we 12 keep saying don ' t talk about Clark Park because 13 this is about the zoning, but would you be zoning 14 this this way, you know, changing it to B-2 if 15 these guys weren ' t asking to do this? 16 And if they can ' t do it without 17 going through Clark Park and breaking the 18 agreement with the City, then it has to be kind 19 of intertwined, so please keep that in mind . 20 And, Randy, I am quite sure that you 21 received the letter from Sharon Gaskill , Clark 22 Gaskill . Did you see receive that? 23 CHAIRMAN HARKER : Yes , I did . 24 MS . GAEBLER : Okay . And how many of you 2itosh Deporting Service 815 . 993 . 2832 cms .vitosh@gmail . com 103 1 have seen that letter from her, from Miss Clark? 2 Okay. Because she states very clearly what the 3 agreement is . Okay? Thank you . 4 CHAIRMAN HARKER : Thank you . 5 LARRY FRANKLIN, 6 testified from the podium as follows : 7 MR . FRANKLIN : My name is Larry 8 Franklin . I live at 212 East Spring Street . 9 It ' s on the corner of Spring and Liberty, about 10 three blocks from this -- this project . I just 11 have a real couple of quick ones , notes here that 12 I have . 13 First , I want to talk about the 14 setback . They ' re asking for basically zero 15 setback, okay? 16 I had a -- I built a shed on my 17 property . I ' ve been living in this house for 18 about 17 years , I ' ve lived in Yorkville for oh, 19 about 37 years now, and we built this shed about 20 ten years ago, did all the proper buildings , 21 building permit, drew on the building permit -- 22 not the permit , but my plat of survey, submitted 23 that to the building department, it was approved . 24 We built it . itosh (Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 104 1 I was not aware of the five-yard 2 setback . There were no public utilities in that 3 issue or anything like that . I was -- I had to 4 fight tooth and nail . I was denied the setback 5 variance that I was requesting from your 6 organization here , and without any types of 7 issues like this , so I mean, that ' s why I ' m 8 asking, they ' re asking for a zero setback? 9 I had a 12-by-10 shed inside a fence 10 that was two feet in and I was declined my I1 variance that I was asking for, okay? 12 I ' m done with that one , I just would 13 like that to be kept in consideration . 14 There was a couple of aldermen -- I 15 did win that with a six to two vote because I had 16 to take that to City Council to be granted that . 17 Two aldermen are -- at least two of them I ' ve 18 noticed that are here that voted in favor of 19 that . Okay? I ' m done with that one . 20 The attorney mentioned earlier about 21 his concern about the safety of that -- if that 22 continued to be a residence on Route 47 , okay? 23 That ' s a consider -- a legitimate 24 consideration, but I did not hear any mention of 12itosIi Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 105 1 consideration for safety of us in that 2 neighborhood, of the 150-plus people -- actually 3 last night I heard something about, you know, 4 300 . Let ' s just call it 100 people . 5 All those cars coming out after 6 midnight at a wedding when people have possibly 7 made bad decisions , you know. 8 We need to think about when we make 9 our decision here the safety of the community 10 before , you know, we think about the safety and 11 the benefit of a business . That ' s all I have . 12 Applause . ) 13 CHAIRMAN HARKER : Thank you . All right . 14 Since all the public testimony regarding this 15 petition has been taken, can I get a motion to 16 close the taking of testimony for this public 17 hearing? 18 MR . MARCUM : So moved . 19 MS . HORAZ : Second . 20 CHAIRMAN HARKER : Awesome . Okay . 21 Can I get a roll call vote on the 22 motion, please? 23 MS . YOUNG : Yes . 24 Gockman . 2itosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 106 1 MR . GOCKMAN : Yes . 2 MS . YOUNG : Goins . 3 MS . GOINS : Yes . 4 MS . YOUNG : Horaz . 5 MS . HORAZ : Yes . 6 MS . YOUNG : Marcum . 7 MR . MARCUM : Yes . 8 MS . YOUNG : Olson . 9 MR . OLSON : Yes . 10 MS . YOUNG : Harker . 11 CHAIRMAN HARKER : Yes . 12 Which were all the 13 proceedings had in the 14 public hearing portion 15 of the meeting . ) 16 000--- 17 18 19 20 21 22 23 24 2itosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 107 1 STATE OF ILLINOIS ) SS . 2 COUNTY OF LASALLE ) 3 I , Christine M . Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing, Pages 1 through 107 , inclusive , is 7 a true, correct and complete computer-generated 8 transcript of the proceedings had at the time and 9 place aforesaid . 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only . I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction . 16 As certification thereof, I have hereunto set 17 my hand this 2nd day of November, A . D . , 2017 . 18 19 20 Christine M . Vitosh, CSR Illinois CSR No . 084-002883 21 22 23 24 Vitosh Reporting Service 815 . 993 . 2832 cms . vitosh@gmail . com 108 2007[3]-33:22, 104:22 65:8,65:14,66:2, admittance[1]-46:15 72:22,72:23 48[5]-49:12,51:21, 66:5,79:6 advance[1]-85:2 2011[2]-33:22,72:22 67:2,85:2, 89:2 accessible[1]-97: 10 aesthetic[2]-8: 8, 100[1]-8:22 2015[1]-29:3 49[1]-3:14 accommodate[7]- 13:1 120,000[1]-29:4 2017[2]-1:20, 107:17 4:00[2]-32:20,92:17 54:13,54:19, 54:22, affect[3]-30:14, 195,000[1]-29:7 2017-11[3]-3: 3, 5:13, 54:23, 70:1,78:15, 51:24,73:23 500,000[1]-81:3 6: 7 5 79:12 affected[1]-30:15 550,000[1]-36:5 2017-12[3]-3:6,5:13, accommodated[1]- affecting[1]-88:10 700,000[1]-95:10 17:16 79:10 affixed[1]-8: 3 75,000[2]-95:11, 202[1]-53:7 50[5]-8:21,26:11, accommodating[1]- aforesaid[1]-107:9 96:18 206[2]-85:15,87:3 34:1,34:2, 101:9 62:11 afterwards[1]-61:1 212[1]-103:8 53[z]-3:15,60:20 accomplish[1]- agenda[2]-38:23, 0 226[1]-9:11 97:11 85:10 24th[2]-84:21,85:7 6 according[1]-1011 ago[2]-19:3, 103:20 25[2]-3:7,69:10 accordingly[1]- agree[5]-37:11, 084-002883[1]- 40:11 45:12,71:14,82:7, 107:20 25-foot[1]-88:8 60[1]-3:16 27[1]-3:8 60560[1]-18:12 accuracy[1]-107:14 89:15 1 28[1]-3:9 acquired[1]-89:7 agreed[2]-64:22, 2nd[1]-107:17 7 acquiring[1]-49:15 71:4 acre[6]-23:21,23:22, agreement[10]- 1[3]-25:8,42:13, 3 48:9,76:14,90:4, 20:21,30:13,48:24, 107:6 70[1]-3:17 97:22 56:2,56:11,56:13, 1,000[1]-68:18 70-degree[1]-10:6 acres[1]-98:4 59:22, 102:18, 103:3 10-7-1[1]-18:4 3[1]-6:9 72[1]-3:18 act[1]-33:5 agricultural[1]-86:4 100[3]-79:14, 105:4 3,000[1]-68:18 75[1]-3:19 action[1]-56:5 ahead[1]-74:18 30[2]-32:15,40:8 7:00[1]-1:21 active[1]-35:2 air 1 24:16102[1]-3:22 103[1]-3:23 300[5]-94:16,95:22, actively[1]-8:15 alcohol[2]-57:8, 104[1]-18:11 96:2,97:4, 105:4 8 ADA[1]-25:19 57:10 107[1]-107:6 300-person[1]-97:22 add[3]-24:24,55:2, alderman[4]-33:21, 11[1]-3:4 300-plus[1]-96:19 72:3 34:8,55:23,72:22 308[1]-28:21 8,000[1]-25:15 11:30[1]-94:22 800[1]-1:16 adding[1]-71:24 aldermen[2]-104:14, 12[1]-8:16 31st[4]-8:7, 10:1, additional[2]-57:15, 104:17 13: 13, 15:22 85[1]-3:20 78:9 ALISON[1]-49:2012,000[z]-25:14, 88[1]-3:21 43:1 33[1]-3:10 additionally[2]-36:8, Alison[2]-3:14, 12-by-10[1]-104:9 34[1]-93:21 78:20 49:22 13[1]-72:23 35[1]-66:1 9 address[5]-23:3,alive[1]-60:9 150[a]-31:21, 51:20, 36[2]-25:18 48:4,61:23, 85:6, allocated[1]-80:22 87:23,97:4 37[1]-103:19 9[1]-3:3 98:23 allow[11]-7:12,8:1, 150-plus[1]-105:2 38[6]-25:18,67:7, 90[3]-42:23,78:2, addressed[1]-78:21 10:2,23:7,27:16, 150-plus-year-old[1] 67:8,67:9,68:23,89:2 adequate[5]-24:15, 28:1,49:8,54:6, 44:18 71:24 24:16,69:11,80:17, 55:15, 57:10,88:7 17[1]-103:18 38-space[1]-71:12 A 80:21 allowed[9]-8:4, 18[2]-1:20,3:6 39[1]-3:11 adequately[1]-88:7 10:10, 17:11,43:4, 1859[1]-35:20 adhere[1]-83:6 67:8,69:1,82:12, 1950[1]-35:20 4 A.D[1]-107:17 adjacent[8]-6:16, 87: 18, 87:22 1998[2]-28:23,72:23 abide[1]-37:2 53:7,53:24,63:6, allowing[1]-70:2 ability[2]-16:2 74:2,74:10, 74: 15, allows[1]-51:71st[4]-8:7, 10:1, 4,000[1]-25:16 able[7]-22:16,36:6, 81:11 almost[1]-30:713:12, 16:9 40[1]-26:10 44:15,57:12,59:14, adjoining[2]-22:4, ALSO[1]-2:10 400[1]-67:12 82:15 48:18 amazing[1]-40:242402[1]-49:23 absolute[2]-10: 15, adjourn[1]-70:16 ambient[1]-11:1 42[1]-3:12 10:24 47[2a]-3:13, 18:9, adjustments[2]- amen[1]-66:4 2[2]-72:22, 86:5 absolutely[3]-58:18, 29:10,29:11 amend[2]-7:12, 16:1 2.2[1]-95:2 21:10,21:21,25:21, 98:15,98:24 administer[1]-8:23 amendment[5]-6: 9, 20[3]-18:7,24:7, 26:16,27:21,30:5, Absolutely[1]-99:1 administrative[1]-6:14,8:18, 16: 10, 24:8 30.23,31: 2,31:11, access[19]-21:22, 38:5,51:6,64:16, i 16:2 16: 12 20-foot[3]-23:9, 26:2, 30:4, 30:23, administratively[1]- amount[5]-24:2, 76:4, 76:17,76:23, 33:9,33:13 33:3,51:5,51:7, 16:4 30:24, 31:9,38:3, 20-parking 33:2 79.6'79.14'79.21' 52:20, 53:23, 54:6,p g[1]- administrator[1]- 52: 19 88:3,89:16,93:9, 200[1]-97:4 54:9,62:11,63:3,35:12 AND[1]-1:10 2itosh Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com 109 animals[2]-32:21,39:12,39:16, 39:22, B 64:8 80:9,88:14, 103:21, 41:20 40:1,40:2,44:13, biggest[i]-100:3 103:23 annexed[1]-107:10 44:14,44:19, 52:23, bike[i]-71:17 buildings[4]-23:12, annoying[1]-40:7 66:9,69:8,77:21, B-1[1]-7:10 biked[1]-71:21 23:17,54:21, 103:20 annually[1]-8:22 78:13,78:14, 88:10 B-2[8]-18:1,77:4, bikes[1]-31:11 built[8]-24:4, 39:23, anomaly[1]-89:15 areas[6]-7:18, 10:17, 90:9, 91: 7,97:2,Bill[1]-2:4 52: 15,55:1,64:8, answer[3]-18:23, 11:19,20:19,45:15, 97:8,97:14, 102:14 bit ma]-10: 13, 11:2,103:16, 103:19, 57:16,61: 9 66:17 B-4[1]-7:10 20:17,25:7,33:11, 103:24 answered[2]-84:7, arriving[1]-92:22 backyard[i]-57:19 63:19,85:19,87:22, bulk[1]-17:21 90:19 arrowheads[1]- bad[5]-33:11,33:12, 89:15,90:16 bumping[1]-87:21 answers[1]-12:1 57:21 59:20, 105:7 blend[1]-85:21 Burd[3]-3:18,36:2, anticipate[1]-8:20 article[1]-78:1 bald[1]-44:1 blessed[1]-93:24 72:21 anxiety[2]-29:21,aspect[2]-8:20,32:4 banquet[5]-41:7,block[2]-7:21,49:23 BURD[2]-72:18, 29:23 aspects[1]-38:13 42:23,43:6,51:20, blocks[1]-103:10 72:20 Anyhow[1]-99:7 assessed[1]-29:3 87:4 board[4]-45:11, business[36]-7:1, appalled[1]-71:8 assessor[1]-29:4 Bar[1]-60:21 47:1,83:21,84:19 7:6,7:9,8:14,9:9, applauding[1]-47:2 assets[1]-26: 14 Barbeque[1]-32:1 Board[2]-42:13,45:9 9:19, 10:4, 15:17, Applause[18]-38:18, assigned[1]-19:15 Barksdale[1]-2:11 body[1]-85:8 16:21, 19:24,20:21, 40:20,42:8,45:20, assist[1]-80: 16 Barksdale-Noble[i]- boggling[1]-45:21 21:9,21:13,22:8, 46:21,47:18,49:19, assisting[1]-82:3 2:11 bolts[1]-96:9 22:24,23:16,25:6, 53:3,60:15,65:16, I assume[2]-36:12, barrier[4]-7:14,7:15, bonanza[1]-56:15 30:9,31:5,33:4, 70:18,72:17,78:19, 107:13 12:22, 13:4 bought[1]-39:24 36:22, 42:16,45:17, 82:1,83:10, 88:21, j assuming81:13 barrier-less[1]-7:15 46:2,46:3,48:14,BOYD[i1-9:4 95:21, 105:12 assured[1]-35:13 barriers[6]-12:17, Boyd[3]-3:3, 9:7, 49:4,50:6,52:22, applause[s]-33:16, ' assuredly[1]-46:3 i 12:18, 12:19, 12:23 12:5 70:1,72:1,78:5, 46:23,75:7,77:8, athletes[1]-92:13 bars[1]-44:8 brain[1]-29:21 78:7,78:12,79:4, 98:18, 100:9 attached[2]-35:9, Based[1]-26:2 Branch[1]-32:1 105:11 applications[1]- 91:11 based[4]-19:17, breach[2]-56:11, Business[7]-18:2, 17:18 attempting[1]-66:19 20:4,91:6,99:19 60:7 31:9,86:5,86:17, applies[1]-107:11 attention[1]-90:8 basis[2]-30:1,30:24 break[4]-44:15, 86:18,86:21,87:17 apply[1]-7: 21 attentively[1]-81:20 bear[1]-90:15 59:11,59:15,59:17 businesses[7]-6:15, appraised[1]-36:5 attorney[1 o]-18:18, beautiful[6]-36:18, breaking[1]-102:17 8:17, 10:2, 10:19, appreciate[6]-11:7, 35:12, 35:13, 53:15, 39: 14,42:2,42:3, bridge[1]-21:21 38:11,76:24,77:12 12:5,59:1,70:13,54:8,55:24,56:1,44:18,46:7 Bridge[4]-9:12, 18:9, businessman[1]- 81:18,81:21 60:22,91:23, 104:20 became[1]-59:24 18:11,21:10 89:21 approached[3]-6:24, attorney's[1]-53:17 becomes[2]-24:9,pp Y brief[1]-102:3 butts[1]-21: 2 9:10,73:9 attract[1]-10:3 87:7 briefly[1]-19:8 buy[2]-40:19,81:3 appropriate[16]- attraction[1]-40:10 beer[3]-10:19, 14:8, bring[7]-11:20, buyer[1]-19:9 13:1,20:22,21:8, attractive[3]-6:18,55:15 22:20,22:21,22:22, 22:11,22:24, 24:19, 22:22, 82:3 behalf[2]-6:23, 73:4, 100:20, 101:16 C 50:15,51:1,51:3, AUDIENCE[1 0]-43:9, 17:16 bringing[2]-12:5, 51: 5,52:20,52:21, 43:11,47:4,47:6, behaves[1]-87:6 13:11 cafes[3]-6:13,7:12, 75:19,83:18,83:22, 47:11,47:15, 66:4, benefit[9]-8:17, Brook[I]-99:10 7:18 83:23 69:13,72:7,99:14 10:4,49:3,49:12, brother[1]-35:23 calm[1]-87:15 appropriately[1]-audience[1]-19:3 53:24,71:11,71:15, brought[2]-45:2,calming[1]-29:2030:22 Audra[2]-3:12,42:11 73:3, 105:11 63:22 cannot[3]-17:7, approval[2]-17:23, AUDRA[1]-42:9 benefits[2]-72:1,brush[1]-15:23 29:17,44:17 100:22 automatically[1]- 81:16 buffer[i]-31:17 capital[i]-27:17 approve[1]-101:20 97:7 best[8]-19:19,20:10, build[12]-40:19, car[2]-31:3,36:22 approved[1]-103:23 available[6]-7:9, 20:18,34:4,34:5, 52:10,54:21,55:4, approves[i]-100:18 26:18,46:13,49:17, 45:1,95:5,95:6 care[6]-15:16, 17: 19, 62:13,62:14,62:20, 15:20, 59:9,69:7, approving[1]-15:1 57:1, 100:13 better[5]-19:22, 86:11,88:9,99: 15,86:8 April[4]-8: 7, 10:1, avoid[1]-93:21 46:18,58:13,78:4, 99:21,99:22 caring[i]-71: 213:12, 16:9 avoided[1]-56:19 82:24 Build[1]-41: 6 cars[6]-49:12,54:19,218: ,arch[1]-83:2 aware[3]-44:1, between[5]- Building[1]-15:12 71:19,7920,95:8, archeological[2]- 97:12, 104:1 23:12,50:21,59:22, building[ie]-14:21, 105:5 58:1,58:2 awesome[2]-16:18, 69:19 24:5,25:15,43:1, area[23]-7:8,9:18,105:20 beverage[3]-6:16,cart[3]-85:24, 90:23, 51:3,52:15,53:19, 91:4 10:3, 13:6, 17:9,Awesome[1]-9:1 7:3,92:6 64:8,68:20,74:1, 22:12,30:1,33:20,big[3]-12:21, 54:3,case[3]-23:13, 56:7, 79:22,79:23,79:24, 9itos/i Reporting Service 815 . 993 . 2832 cros . vitosh@gmail . com 110 79:23 21:16,29:17,66:13 Clark[37]-34:11, 4:11,5:9, 18:17, 76:23,81:21,94:5, cases[1]-55:14 changing[4]-37:18, 34:19,34:21,36:18, 20:13,99:12, 94:6,104:23 center[7]-38:10, 40:15,53:12, 102:14 37:1,37:13,41:18, 100:15, 101:19 considerable[i]- 40:19,41:4,41: 8, chaos[1]-76:12 49:7,49:16,49:24, COMMISSION[1]- 21:17 41:10,44:10,73:18 chaotic[1]-77:9 53:8,55:21,56:14, 1:10 consideration[7]- ceremonies[1]- Chapter[1]-6:9 59:9,59:23,59:24, commissioners[1]- 58:2,69:6,70:8, 92:21 characteristics[i]-64:19,69:19,69:20, 12:15 79:17, 104:13, certain[3]-35:4, 26:6 70:5, 71:1,71: 7,commitment[1]-89:5 104:24, 105:1 79:8,98:9 chase[1]-16:8 71:12,71:19,72:12, Committee[2]- considered[8]-4:11, certainly[4]-50:20, chasing[1]-58:24 72:15,73:2,73:9, 10:21,42:14 41:22,56:6, 74:14, 50:23,51:1,52:11 children[4]-31:1, 73:11,74:24,78:17, committee[3]-37:24, 76:21,88:13,93:4, certificate[1]-107:10 31:11, 35:19, 39: 15 82:23, 83:3, 102:12, 75:22,79:16 95:14 certification[1]- chips[1]-60:8 102:17, 102:21, committees[1]-78:3 constraints[1]-28:14 107:16 Christian[i]-41:1 103:1 common[2]-17:5, construct[1]-20:1 Certified[1]-107:3 Christine[2]-107:3, Clark's[1]-30:7 19:19 constructing[1]- certified[1]-107:12 107:20 classes[1]-41:9 commonly[2]-18:11, 62:16 certify[2]-107:4, church[2]-26:16,classification[5]- 53:21 construction[2]- 107:10 95:3 17:20,39:1,65:10, communities[4]-7: 5, 23:7,23:22 cetera[1]-21:10 circulation[1]-83:7 66:24,68:8 9:15, 17:4,77:11 consultant[1]-27:15 chair[1]-42:13 citation[2]-13:22, cleaning[1]-13: 17 community[1 5]- consumption[1]- Chair[i]-61:16 14:2 clear[3]-13:10, 22:19,22:21,26:14, 94:1 chairman[1]-76:1 citizen[3]-48:8, 21:13,78:5 50:23,68:3,75: 19, contact[1]-97:13 Chairman[7]-2:2, 48:24,75:12 clearly[7]-4:17,22:1, 75:20,76:11,77:18, contacted[1]-36:2 65:6,65:15,65:21, citizens[2]-34:6, 43:22,44:23,46:10, 80:12,80:14,80:15, contend[1]-30:18 68:13,70:16,91:16 49:9 78:16, 103:2 82:2,94:13, 105:9 contingent[i]-30:4 CHAIRMAN[6s]-4:4, city[12]-12:2,20:19, client[1]-100:4 Community[1]-2:11 continue[4]-20:8, 5:2,5:16,6:6, 6:22, 34:18,48:5,48:14, close[5]-76: 17, 87:8, community's[1]- 26:22, 100:12, 9:1, 11:10, 12:8, 48:21,83:20, 83:21, 94:17,96:2, 105:16 83:1 100:23 12:11, 12: 14, 15:14, 89:1,94:13, 100:5, closely[1]-55:16 company[1]-86:2 continued[3]-22:15, 16:7, 16:15, 16:18, 101: 2 closes[1]-32:19 compelled[1]-45:22 22:17, 104:22 17:14,27:2,27:6, CITY[1]-1:6 closing[1]-79:1 compete[1]-9:15 contract[13]-19:9, 27:8,28:3,28:7,City[74]-2:13,6:7, Code[1]-18:4 complete[1]-107:7 30:10,35:13,36:11, 38:19,46:22,47:8, 6:10,6:23,7:4,9:10, code[1]-68:17 completely[1]-72:13 42:20,59:11,59:13, 47:14,47:17,47: 19, 9:14, 10:24, 13:16, Colton[8]-28:22,Comprehensive[6]- 59:16,59:17,60:1, 47:21,53:2,61:11, 14:3, 15:14, 15:16, 38:6, 39:12,40:4,20:18,38:9,38:12, 60:7,69:17,69:18 61:14,64:24, 65:3, 17:18, 18:4,20:9,43:14,49:23,52:2, 53:8,56:20, 86:9 control[2]-31:12, 65:7,65:17,65:23, 20:16,20:20,21:7, 88:2 computer[1]-107:7 107:15 66:5,67:17,67:19, 22:1,27:15,30:8, coming[8]-15:9, computer-generated Control[1]-63:13 68:1,68:6,68:10,30:10, 30:11, 35:11, 16:4,31: 3, 31:5, 1]-107:7 controlled[2]-25:22, 70:3,70:5,70:9, 35:12, 35: 16, 36:4, 70:17,77:12,92:1, Concept[1]-25:8 55:16 70:12,70:17,75:8, 36:14, 37:1,40:19, 105:5 concept[2]-25:12, convenient[1]-92:19 75:24, 76:3,77:2,42:20,48:12,48:19, comment[9]-14:8,61:21 conveniently[2]- 77:4,77:23, 83:9,49:14, 50:22, 53: 15, 61:2,69:10,69:15, concern[6]-14:16,92:8,97:7 83:24, 84:3,84:8,53:16,54:8, 55:2,73:1,73:10,83:12, 87:8,87:24,90:24, conventional[1]- 98:19,98:24,99: 17, 56:7,56:9,59:23,90:11,99:16 91: 15, 104:21 54:24 101:24, 102:2, 60:22,61:22,63:1, comments[3]-13: 12, concerned[1]-70:15 conversation[1]- 102:23, 103:4, 63:13, 68: 16,68:17, 21:11,98:20 concerning[1]-59:23 13: 14 105:13, 105:20, 69:19,69:23, 71:4, Commerce[1]-18:1 concerns[3]-14:14, copies[2]-107:12, 106:11 72:4,72:5,72:24, commercial[11]- 24:13,89:4 107:14 chairs[2]-7:13, 73:4,73:6,73:16,40:15,42:21,45:16, concluding[1]-19:12 corner[i]-103:9 35:17 74:12,83:24, 84:13, 53:13,54:11,77:19, condition[1]-35:1 correct[6]-67:1, chance[1]-45:8 84: 19,85:9,89:22, 80:18,80:21,85:22, conflict[3]-55:20, 67:10,67:13,77:2, change[14]-21:4, 94:10,95:17, 96:6, 89:16,98:12 57:6,58:11 84:17, 107:7 30:4,31: 8,50:11, I 97:23,98:5, 100:12, commercializing[1]- conforms[1]-68:8 corridor[4]-26:7, 50:17,51:7,51:23, 100:24, 101:6, 71:9 confused[1]-64:12 26:12,26:17,86:7 55:17,62:21,66:24, 102:18, 104:16 commercially[2]-congestive[i] 34:22 cost[i i]-29:1,30:19, 73:22,85:17,85: 19, City's]s]-11:7, 90:9,97:1 conservation[i]- 30:20, 55:1,56:6, 100:16 17:21,22:11,60:6, commission[1]- 56:17 56:8,57:11,63:8, changed[1]-19:24 96:10 19:2395:10,96:6consider[s]-27:23, changes[4]-9:23,clap[1]-47:16 Commission[8]-4:7, 73:24,74:8,74:21, costs[1]-63:10 i itosh Deporting Service 815 . 993 . 2832 cros . vitosh@gmail . com 111 Council[18]-35:16,89:21 determines[i]-84:20 directly[2]-34:11, 44:14,44:19,85:20, 72:24,73:7,74:12, Deborah[1]-2:5 develop[3]-45:15,93:13 85:21 83:24,84:13,84:15, December[1]-29:2 82:12,97:1 Director[1]-2:12 Dr[1]-35:21 84:19,84:20, 85:9, decide[4]-57:4, developed[2]-80:23, disagree[2]-31:8, draft[1]-9:22 100:11, 100:18, 74:21,75:19, 84:11 86:7 53:16 drained[1]-32:13 100:19, 101:6, decided[1]-68:11 developer[9]-26:24, discount[1]-48:19 dramatic[1]-21:4 101:10, 101:16, decision[7]-38:16,50:7,55:1,62:13, discounted[1]-36:6 draw[1]-90:8 101:21, 104:16 62:1,84:14,86:16, 62:20, 76:16,89:2, discouraged[1]-81:8 draws[1]-90:7 COUNTY[1]-107:2 90:8, 100:17, 105:9 89:21, 91:18 discuss[3]-91:5,drew[1]-103:21 County[6]-6:8, decisions[2]-81:17, developers[3]-17:2, 97:13, 100:23 drifting[1]-31:22 17:19,42:13,45:9, 105:7 63:17,78:1 discussed[7]-9:14, drinks[1]-7:22 46:2,54:21 declined[1]-104:10 developing[1]-63:8 35:7,66:12,94:7, drivable[1]-61:18 county[1]-54:15 dedicate[1]-63:18 Development[3]- 96:7,99:2, 101:11 Drive[1]-38:6 couple[7]-9:21, dedicated[3]-61: 5, 2:12,10:20,42:14 discussion[3]- driveway[3]-21:20, 9:22,21:11,28:12, 62:4,73:13 development[13]- 10:21,62:2,71:10 25:20, 48:16 85:15, 103:11, deed[3]-36:11, 17:3,27:14,43:17, disease[2]-29:16, driving[1]-79:5 104:14 36:24,69:22 46:6,50:14,53:20, 29:20 drop[1]-26:10 court[3]-56:8,59:15, deep[1]-48:19 73:3,75:6,76:11, dismayed[1]-71: 3 Dubajic[2]-3: 8, 75:17 deer[1]-59:1 77:10,77:18, 78: 15, dispersing[i]-98:11 27:13 covenant[1]-50:21 defined[2]-53:22, 81:3 display[1]-17:9 DUBAJIC[2]-27:10, covenants[1]-54:14 54:7 developmental[2]- District[7]-7:10, 27:12 craft[1]-55:13 definitely[2]-9:18,89:12,90:2 17:24, 18:1, 18: 2, due[6]-27:21,29:14, cramming[1]-100:5 14:5 Dickson[4]-3:16, 41:9,42:13,45:13 30:12,32:22, 38: 14, Cream[1]-11:15 definition[4]-53:17, 60:19,64:24,90:21 district[1]-23:16 90:14 create[2]-6:11,78: 10 54: 10,76:8,77:7 DICKSON[39]-60:16, districts[2]-7:9,22:9 dug[1]-36:16 creates[1]-29:21 deliveries]2]-25:24 60:18,62:12,62:18, dobsonflies[11- during[5]-4:21,8:3, creation[1]-27:18 demonstrated[1]- 62:24, 63:12,63:16, 32:17 34:8,49:2,57:8 credibility[1]-59:18 22:12 63:22, 64:1,64:4, doctor[1]-33:7 dust[1]-96:9 criteria[5]-13:2, denied[3]-37:10, 64:9,64:12,64:23, doctors[1]-34:22 dying[1]-74:7 19:5,21:12,23:3,48:16, 104:4 65:2,65:5,65:12, document[1]-36:24 80:6 density[1]-83:6 65:21,66:1,66:7, documents[2]-60:2, E CSR[2]-107:20, Department[4]- 66:19,66:23,67:2, 99:20 107:20 13:24, 15:11, 37:24, 67:5,67:9,67:11, dogs[1]-58:23 curb[1]-21:22 38:1 67:15,67:18,68:4, dollars[4]-22:22,eagles[1]-44:2 curbs[2]-51:18,52:3 department[1] 68:7,68:12,68:19, 48:12,82:14,96:11 easily[i]-85:5 68:21,69:5,69:9,east[1]-18:8current[2]-14:10, 103:23 don[1]-2:6 67:7 descends[1]-44:20 69:15,70:4,70:7, donating[1]-72:5 East[5]-18:10, customers[1]-10:4 description[1]-50:10 70:11,70:14 donation[2]-30:7,42:12, 53:7,85:15, cut[1]-48:16 design[1]-20:11 die[ ] 34: 24 30:8 103:8 difference[1]-54:3 easy[1]-33:24designated[3]-7:18, done[12]-4:20, 16:3, D different[1]-37:948:17,49:2 20:13,26:2,38:1, eat[1]-7:21 designation[1]- differently[1]-60:3 57:18, 58: 15, 90: 14, Economic[2]-10:20, 48:20 difficult[2] 23:23, 96:10,98:1, 104:12, 42:13 Dallas[1]-56:3 designed[1]-40:16 94:24 104:19 economic[6]-17:3, Damon[2]-3:20, desirable[2]-76:14, dig[1]-58:1 door[2]-77:16,87:11 27:14, 52:22,53:20, 85:14 80:17 digging[1]-57:24 double[i]-33:2 73:4, 80:16 DAMON[1]-85:12 desires[] 74:14 diligence[2]-38:15, double-wide[1]-33:2 economic-wise[1]- DARCY 0]-39:6 desperately[2]- 90:15 down[24]-16:8, 73:4 Darcy[2]-3:11,39:10 43:17,75:3 diligent[1]-96:15 economically[1]-21:22,24:1,25:16, dark[4]-32:19, despite[] 35:1 dimension[1]-78:15 28:17,31:1,31: 11, 73:5 32:22,87:12,87:13 destroying[]-37:13 dimensions[1]- 36:16,38:6,38:7, edge[1]-24:3 date[2]-84:4, 84:22 destroys[1] 29:21 66:16 43:13,51:14,51:22, edges[1]-87:21 DAVE[1]-88:22 detailed[1] 19:5 dining[1]-7:23 52:2,58:8,66:3,educated[1]-50:9 Dave[2]-3:21,89:1 details[1]-91:5 dinner[1]-95:4 73:16,74:6,85:16, effects[1]-76:11 DAVID[1]-25:2 deterioration[1]-dire[1]-35:1 88:1,88:2,95:12, efforts[1]-38:17 David[3]-3:7, 18:20, 22:17 direct[4]-30:6, 97:17, 97:18 either[5]-7:13, 52:2, 25:4 31:10,36:23,61:9 71:21, 81:14,82:10determine[3]-78:14, downtown[a]-7:8, deadline[1]-15:22 80:4,84:15 directed[1]-50:4 8:12,8:13,9:18,elected[2]-33:23, deal[1]-89:11 determined[2]- directing[1]-94:22 11:15, 11:21, 12:3, 34:9 dealing[2]-59:20, 59:15,75:17 direction[1]-107:15 12: 5, 17:2, 21:9,elegantly[1]-44:3 itosh 1Reporting Service 815 . 993 . 2832 cros .vitosh@gmail . com