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City Council Minutes 2003 10-14-03 i MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS, HELD IN THE BEECHER COMMUNITY BUILDING, AUSTIN ROOM, 908 GAME FARM ROAD, ON TUESDAY, OCTOBER 14, 2003. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Y g g Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present arrived 7:15 Sticka Present Ward H Burd Present Kot Present Ward III Mums Absent Ohare Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City Attorney Kelly Kramer, Police Lieutenant Schwartzkopf, Director of Public Works Dhuse and Executive Director of Parks & Recreation Brown. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. _ AMENDMENTS TO THE AGENDA Alderman Kot stated that Administrator Graff was checking on information for Item #2 of the Consent Agenda (Pollution Control Ordinance — John Watson Attorney's Fees). He asked that this item be moved to the Public Works Committee Report pending the receipt of the breakdown of charges from Attorney Watson. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, October 27, 2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee Cancelled I Administration Committee 7:00 P.M., Thursday, November 13, 2003 City of Yorkville Conference Room 800 Game Farm Road Cancelled i Public Safety Committee 6:30 P.M., Thursday, October 23, 2003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M., Wednesday, October 22, 2003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Tourism Committee 6:30 P.M., Monday, October 20, 3003 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS Reinert PUD/Mulhern Court Mayor Prochaska entertained a motion to go into public hearing for Ronald R. Reinert and George R. Reinert, petitioners, request an amendment to Planned Unit Development Agreement for Lot 3 Mulhern Court to allow a total of 32 multi - family dwelling units to be built in three different buildings. The real property is located at 305 Mulhern Court, Yorkville, Illinois. So moved by Alderman Sticka; seconded by Alderwoman Spears. The Minutes of the Regular Meetine of the Citv Council — October 14, 2003 - nab l Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye Please see attached Report of Proceedings taken before Nicola Gengler, C.S.R. from Depo Court Reporting Service for the transcription of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderwoman Ohare; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye CITIZEN COMMENTS None. PRESENTATIONS None. CONSENT AGENDA 1. Ordinance 2003 -66 - Plano School Transition Fee — authorize Mayor and City Clerk to execute 2. Building Permit Report for August 2003 3. Ordinance 2003 -67 — Ordinance Establishing a Driveway and Public Walks Inspection Fee - authorize Mayor and City Clerk to execute 4. Water Report for June 2003 5. Kylyn's Ridge Unit 1 Letter of Credit Reduction — approve reduction of $74,674.82 for earthwork and reduction of $834, 864.70 for onsite work 6. Faxon Road Extension to Route 47 Engineering Enterprises Scope of Services — approve in the amount not to exceed $11,500.00 _ 7. Grande Reserve — Perimeter Road Design — Engineering Enterprises Services — approve design fee of 6.24% of construction cost, other services performed billed at an hourly rate 8. Police Reports for August 2003 9. Proposal for Brownfield's Redevelopment Grant Application — authorize Mayor to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as modified. So moved by Alderwoman Spears; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Kot -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL Alderman Sticka reported that the Plan Commission heard a presentation however the remainder of the meeting was not held due to lack of a quorum. All the items, including three public hearings, were moved to the November agenda. MINUTES FOR APPROVAL A motion was made by Alderwoman Spears to approve the minutes of the City Council meetings from September 9, 2003 and September 23, 2003; seconded by Alderwoman Burd. City Clerk Milschewski noted corrections on both sets of minutes: • Ordinance number 2003 -63 was not referenced page 5 of the September 9, 2003 minutes under the Economic Development Committee Report, New Directions PUD • The ordinance number is incorrect on page 2 of the September 23, 2003 minutes under the Consent Agenda Item #4. The correct number is 2003 -64 • Ordinance number 2003 -65 was not referenced page 6 of the September 23, 2003 minutes under the Economic Development Committee Report, PC 2003 -14 Go -Tane • The page number is incorrect on page 7 on the September 23, 2003 minutes Alderwoman Spears noted a correction needed on page 1 of the September 9 minutes. The word "cancelled" should be omitted from the Administration Committee meeting date. She also noted a correction on the September 23 minute's page 4, first sentence. The word "are" should be omitted and on the same page under the Finance Director's Report, Signature Cards, the word "birthday" should be "birth date ". Mayor Prochaska recognized the corrections. The Minutes of the Regular Meeting of the Citv Council - October 14, 2003 - uage 3 Motion approved by a viva voce vote. A motion was made by Alderwoman Spears to approve the minutes of the Committee of the Whole meetings from March 4, 2003 and September 2, 2003; seconded by Alderman Besco. i Motion approved by a viva voce vote. - - BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Detailed Board Report dated October 10, 2003 totaling the following amounts: checks in the amount of $1,068,322.55 (vendor) and $118,632.70 (payroll period ending 09/24/03) for a total of $1,186,955.25; seconded by Alderwoman Ohare. I Alderwoman Ohare questioned an expenditure on page 15 of the report to Paradise Car Wash for library employee car detailing. Administrator Graff stated that the detailing was due to the staff getting tar on their vehicles in the library staff parking lot. The lot has since been repaired. Alderwoman Spears asked if expenditures to Jewel -Osco such as the one on page 8 of the report could be itemized. Administrator Graff stated that this could be done. Alderman Sticka noted that it had been requested a few years ago that Council members get answers to their bill list questions prior to the meeting in an effort to save time at the meeting. Alderwoman Spears disagreed stating that many of the Council members don't get their packets with the bill list until after the staff leaves on Friday and it is often hard for those who work to call in during the day. She noted that this is taxpayer's money being spent and the charges should be itemized. She also stated that the process for reviewing the bill list will hopefully be revised in January 2004. i Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye, Ohare -aye - i REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that, weather permitting, Coffee with the Mayor would be held on the front porch of City Hall on Saturday, October 18, 2003. He also noted that he will also show interested parties the City Hall renovation. If the weather is inclement, the event will be moved inside to the vestibule. Potential Special City Council Meeting Dates Mayor Prochaska noted that it was discussed at the last Committee of the Whole (COW) meeting to hold a special meeting for goal setting for next year. He asked the Council to consider having this meeting on October 29 or October 30 t `, 2003 and to let him know at the October 21, 2003 COW meeting. Halloween Events Mayor Prochaska reported that the City would be holding its Halloween events on October 25, 2003. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT Reimbursement Claim Forms and Tax Forms Clerk Milschewski reported that Accounting Clerk Kim King asked her to remind the Council members to turn in their reimbursement forms for any IML expenses and to fill out the tax forms found in their mailboxes so that Mrs. King can prepare their pay checks. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Re ular Meetin of the Ci Council — October 14 2003 - a e 4 � � tV A Q I DIRECTOR OF PUBLIC WORKS REPORT Hydrant Flushing Director of Public Works Eric Dhuse reported that hydrant flushing should be completed this week. Leaf Pick -up Mr. Dhuse reported that leaf pick -up is scheduled for the week of October 20, 2003. He asked everyone to have their leaves at the curb starting Monday morning. Brush Pick-up Mr. Dhuse reported that the last brush pick -up for 2003 will be the last week of October. He asked that brush be placed parallel to the curb beginning Monday, October 27, 2003. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT Senior Providers Alderwoman Spears reported that she attended the Senior Provider's meeting where they discussed the Triad Annual Health Fair that will be held on October 30, 2003 from 9:00 A.M. to 2:00 P.M. at the Beecher Center. Various local agencies that work with seniors will be at the free event. Flu shots will be available from 9:00 to 11:00 and if Medicare does not cover the individual, the cost will be $20.00. Human Resource Commission Alderwoman Spears reported that she attended the Human Resource Commission (HRC) meeting and they asked if they would be able to continue the plan for the visitor center in the City Hall Foyer. Mayor Prochaska stated that as far as he knew the area for the center was the same but he asked that this be verified. Alderwoman Spears also stated that the HRC asked who the contact on the staff would be for the center. Also discussed were Character Counts week and Red Ribbon week which are coming up and they also had a lengthy discussion regarding the Historical Street Name List. She stated that she would be discussing this further with Clerk Milschewski. Their next meeting date has been revised to November 13, 2003. Tourism Council Alderwoman Burd reported that she attended the Aurora Area Convention and Visitors Bureau ( AACVB) meeting where Director Sue Vos reported on a tourism conference she recently attended regarding the state's plan to organize regional committees for tourism. Ms. Vos recommended that the City develop a list of project that it wants highlighted by the regional committee. Alderwoman Burd stated that she will be discussing economic development items with Lynn Dubajic from the Yorkville Economic Development Corporation which might also be highlighted. She also encouraged the Council to attend the AACVB meeting on October 22, 2003 in Montgomery. Character Counts Week Mayor Prochaska reported that he gave the schools permission to decorate the City Hall columns for Character Counts Week. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT EEI Consulting Services for Rob Roy Creek Study A motion was made by Alderman Besco to approve professional engineering services with Engineering Enterprises, Inc. for an amendment to the Rob Roy Creek Hydrologic and Hydraulic Study in the amount not to exceed $37,925.00 and to authorize the Mayor and City Clerk to sign the agreement; seconded by Alderman Sticka. Administrator Graff noted that the revenue stream for the project will come from fees from the Inland and Ocean Atlantic development fees. Alderwoman Spears noted that it was discussed at the COW meeting that Finance Director Traci Pleckham was going to research and present the financial means for this project. Administrator Graff reiterated that this will be paid for from development fees. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye The Minutes of the Regular Meeting of the Citv Council — October 14, 2003 - nage 5 Park & Recreation Paving Quote A motion was made by Alderman Besco to approve Liberty Paving for construction services for the following three projects; Recreation Administrative Building, Riverfront path extension and the Van Emmon ball field parking lot with a total amount not to exceed $12,825.00 as recommended by the Park Board and to use Park Land Cash to fund the projects; seconded by Alderman Sticka. Alderwoman Spears stated that she thought this would be itemized as three separate quotes. Mayor Prochaska stated that the motion stated three separate projects for a total amount. Administrator Graff stated that each project will be submitted separately to Director of Public Works Eric Dhuse to review. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye Pollution Control Ordinance — Attorney Fees Mayor Prochaska asked Administrator Graff if he heard from Attorney John Watson regarding a breakdown of his fees. He stated he did not. Attorney Kramer stated that she had asked Attorney Watson to send the City this information when she spoke to him last. A motion was made by Alderman Besco to table the Pollution Control Ordinance — John Watson's Fees until the next City Council meeting on October 28, 2003; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. _ PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT 2003 -2004 Audit A motion was made by Alderwoman Spears to approve the 2002/2003 Audit as presented; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye ADDITIONAL BUSINESS City Hall Renovation Alderman Sticka complimented the City Staff for their continued good work while working under difficult conditions with the dust, noise and mess caused by the renovation. Mayor Prochaska agreed with Alderman Sticka's comment. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session the purchase or lease of real property for the use of the public body. He asked that the City Clerk, City Treasurer, City Administrator, City Attorney and Director of Public Works be included in the session. He also noted that there may be action taken after the session. So moved by Alderwoman Ohare; seconded by Alderwoman Burd Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye i The regular session broke at 7:45 P.M. The Council took a five minute break. The City Council returned to regular session at 8:15 P.M Mayor Prochaska entertained a motion to authorize the Mayor and City Clerk to execute an easement agreement and easement to be purchased from Ken and Roxanne Griesmann for the purpose of storm and sanitary sewer. So moved by Alderman Sticka; seconded by Alderwoman Burd. I Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye The Minutes of the Regular Meetin of the e City Council - October 14, 2003 - uage 6 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Burd; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 8:17 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i i i i I i I CITY COUNCIL MEETING October 14, 2003 PLEASE PRINT NAME: ADDRESS: 6 )JAPO O two P , 1 bG S -"i �f SIGNIN I - STATE OF ILLINOIS ) SS: COUNTY OF KENDALL ) I � �1 BEFORE THE YORKVILLE CITY COUNCIL PUBLIC HEARING REINERT PROPERTY 305 MULHERN COURT, YORKVILLE REPORT OF PROCEEDINGS had and testimony taken at the hearing of the above - entitled matter, i taken before Nicola Gengler, C.S.R., No. 84 -3780, on October 14, 2003, at the hour of 7:00 p.m., at 908 Game Farm Road, Yorkville, Illinois. D- 675103 REPO • COURT i reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 -983 -0030 • Fax 630 -983 -6013 www.depocourt.com 2 3 1 PRESENT: 1 (Pledge of Allegiance.) 2 MAYOR ARTHUR F. PROCHASKA; 2 (Proceedings were then had 3 MR. WILLIAM POWELL, City Treasurer; 3 which are not herein 4 MR. ANTON GRAFF, City Administrator; 4 transcribed.) 5 MS. JACKIE MILSCHEWSKI, City Clerk; 5 MAYOR PROCHASKA: Motion is carried. We 6 MR. JOSEPH BESCO, Alderman; 6 are in public hearing. 7 MS. VALERIE BURD, Aldenvonan; 7 Is there someone here representing 8 MR. LARRY KDT, Alderman; 8 the -- 9 MS. WANDA OHARE, Aldervanan; 9 MR. REINERT: Yes. My name is Ron Reinert. 10 MR. RICHARD STICKA, Alderman; 10 I am with my brother George Reinert and Peter Huinker 11 MS. ROSE SPEARS, Alders; 11 of Smith Engineering. 12 and 12 MAYOR PROCHASKA: I am kind of wondering if 13 LAW OFFICES OF DANIEL J. KRAMER 13 you would like to give just a short presentation of 1107A South Bridge Street 14 Yorkville, Illinois 60560 14 what you are doing so people can see it. BY: MS. KELLY KRAMER, 15 appeared on behalf of The United City of 15 MR. REINERT: Yes. Like I said, we are Yorkville. 16 16 here this evening to ask for a planned unit development 17 17 and amendment to a planned unit development that was 18 18 approved back in 1979. 19 19 In 1979, the planned unit 20 20 development that was passed was approved for 21 21 32 individual apartment units or condo units; and it 22 22 was started in 1979 with the construction of one 23 23 two -story eight -unit apartment buildings. For some 24 24 reason or another, it was never completed; and what we DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 4 5 1 are trying to do is complete that project by finishing 1 are going to need a couple variances. So we are going 2 the property and density out in two three -story 12 -unit 2 to actually go through and do a full PUD amendment and 3 apartment buildings. 3 there will be a much more complete PUD agreement. 4 We are trying to follow the similar 4 MAYOR PROCHASKA: Do you want to -- 5 site plan that we feel was approved in 1979 but for 5 MR. HUINKER: Sure. Good evening, my name a 6 some reason was never attached to the planned unit 6 is Pete Huinker from Smith Engineering. i`- 7 development that was recorded, and Pete here from Smith 7 What you see on this plan -- 8 Engineering can kind of tell you about the site plan 8 MAYOR PROCHASKA: I wonder if you can stand 9 that we had before that we feel was approved in 1979 9 over because we need the audience to be able to see 10 but not attached to the PUD and the one that we are 10 this, too, because it is a public hearing for them. 11 trying to approve at this time. 11 MR. HUINKER: This essentially is the plan 12 MAYOR PROCHASKA: Okay. The amendment then 12 that we understand that was approved. It is my 13 is to the attachments to the PUD or -- because there 13 understanding that there was a permit set that was 14 were none. 14 submitted and was also divided from the permit filed. 15 MS. KRAMER: They are actually going to go 15 MR. REINERT: This eight -unit building has _ 16 ahead and open up the whole planned unit development 16 a permit on it, and in this -- in the eight -unit 17 agreement. You have all seen the planned unit 17 apartment building, permit and application, this 18 development agreement in 1979 was a simple one -page 18 particular site plan is in with the eight -unit 19 agreement just simply locking them into the density. 19 apartment building, and that is how they have kind of 20 For some reason the site plan that 20 come across this where we are trying to finish this 21 everybody believes should have been attached was not 21 project up in the same style as we feel it was approved 22 attached. So that they are actually going to go 22 back in 1979 and 1980. 23 through and pretty much follow the City's subdivision 23 It calls for a two -story eight -unit 24 control regulations that are enacted today, but they 24 building which has been built and then a three -story DepoCcurt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 6 7 1 12 -unit apartment building and then an adjacent 1 parking lot that is constructed and the foundation for 2 three -story 12 -unit apartment building there. 2 Building B is also under ground. 3 This particular 12 unit -- 3 There is an existing sanitary sewer 4 three -story 12 -unit apartment building right now has a 4 that services Building A and has the capacity to 5 foundation already in the ground, and we believe it was 5 service Building B and C. There was an existing water 6 approved back in 1980, but from I guess our 6 main that runs on the south side of the property also 7 understanding due to economic conditions at the time 7 along the eastern edge of the property, and there is 8 that the project had to be put on hold, and that is the 8 also a water main that is on the development to the 9 kind of the site plan. 9 north. 10 The site plan that we have now is 10 So basically what you can see is the 11 similar to that except it also calls for a 16 -unit 11 before and after what we are proposing. We are 12 garage in the center of the project. 12 proposing 16 garage units, a total of -- we have a 13 MR. HUINKER: That is the only I guess you 13 total of 65 stalls including exterior and interior 14 would call it major change we have got. The 16 -unit 14 stalls. It is one stall above what is required two 15 garage that we have in our revised plan shown on the 15 stalls per unit for 32 units. 16 eastern boundary that there is concern for safety. 16 In the original plan, there was no 17 So that when people are going back 17 real storm water management proposed at all. 18 and forth, they would be in an area that would be lit 18 Essentially all the storm water goes out on to the lawn 19 and they wouldn't be hidden behind the building. So 19 and basically just sheet drains on to the Illinois 20 that is kind of the driving force on why we actually 20 Route 47 ditch and runs to the south. 21 moved the proposed building or proposed garage area on 21 What we are proposing right now and 22 the eastern boundary. 22 working on with the City engineer, Joe Wyrot, is doing 23 As of right now, this building is 23 an infiltration trench and doing som additional pocket 24 constructed already. There is a portion of this 24 in areas so that we can provide some storm water DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 i I 8 9 1 management control along with some filtering devices 1 Some things happened, and it is 2 before we do any kind of a discharge on to the right of 2 being picked up now. I think it is going to be i 3 way for 47. 3 inproved cortpared to what was originally planned. They { 4 So we are not proposing a plan that 4 are asking for some variances of current standards, but 5 follows the current drainage ordinance, but what we are 5 I believe the end result would be better than what 6 trying to provide is something that works and is from a 6 would have been there had it been completed back in 7 storm water drainage perspective a lot better than what 7 1980. 8 was originally proposed back in 1979, 1980. 8 MAYOR PROCHASKA: Anything else? 9 MAYOR PROCHASKA: Okay. At this time, I'd 9 (NO response.) 10 open the floor to anyone that would like to give any 10 MAYOR PROCHASKA: With that, I'd entertain 11 comrents to the Council or any questions? Anyone? 11 a motion to close this public hearing. 12 (No response.) 12 MR. SPEARS: So moved. 13 MAYOR PROCHASKA: Hearing none, are there 13 MR. BESCD: Second. 14 any convents from the Council? 14 MAYOR PROCHASKA: Moved and seconded. 15 MR. STICKA: Well, we have talked about it 15 May I have roll call, please. 16 before, and I am satisfied personally that the plan 16 MS. MIISCHEWSKI: Burd? 17 does met what was set forward back in 1980, 1979, 17 MS. BURD: Aye. 18 1980. 18 MS. MILSCHEWSKI: Kot? 19 You can look at the drawings. They 19 MR. KCT: Aye. 20 are dated then. I think they should have been properly 20 MS. MILSCHEWSKI: Ohare? 21 attached and had they been and had the economic 21 MS. OHARE: Aye. 22 conditions prevailed in the proper manner at the time, 22 MS. MILSCHEWSKI: Spears? 23 I don't suppose we would be sitting here right now, and 23 MS. SPEARS: Aye. 24 we wouldn't be having this discussions. 24 MS. MILSC'HEWSKI: Sticka? DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 10 11 1 MR. STICKA: Aye. 1 STATE OF ILLINOIS ) ) SS. 2 MS. MILSCHEWSKI: Besco? 2 COUNTY OF KENDATL ) 3 MS. BESCD: Aye. 3 I, Nicola Gengler, C.S.R., No. 84 -3780, do 4 MAYOR PROCHASKA: Motion is carried. 4 hereby certify that the proceedings had in the 5 (Proceedings were then had 5 above- entitled cause were recorded stenographically by 6 which are not herein 6 me and reduced to typewriting via computer -aided { I 7 transcribed.) 7 transcription under my personal direction; and that the 8 * * * * * e foregoing is a true and correct transcript of the f 9 9 proceedings had at the time and place previously 1 10 10 specified. I 11 11 IN WITNESS WHEREOF I have hereunto set my 12 12 hand this 22nd day of October, 2003. 13 13 14 14 4clar, C.S. �. 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 I I YORK1014.TXT Page 1 -------------------- - - - - -- ARTHUR 2:2 drains 7:19 * attached 4:6,10,21,22; drawings 8:19 J -------------------- - - - - -- 8:21 driving 6:20 * 10:8 attachments 4:13 due 6:7 ( JACKIE 2:5 --------------- ----------- audience 5:9 -------- ------------------ I Joe 7:22 1 Aye 9:17,19,21,23; 10:1,3 E JOSEPH 2:6 1107A 2:13.5 B eastern 6:16,22; 7:7 K 12 6:3 -- ---- ----- -- -- ----- - ----- economic 6:7; 8:21 -------------------------- 12 -unit 4:2; 6:1,2,4 back 3:18; 5:22; 6:6,17; edge 7:7 KELLY 2:14.5 14 1:14 I 8:8,17; 9:6 eight -unit 3:23; 5:15,16, KENDALL 1:3.5; 11:2 16 7:12 basically 7:10,19 18,23 kind 3:12; 4:8; 5:19; 6:9, 16 -unit 6:11,14 behalf 2:15 enacted 4:24 20; 8:2 1979 3:18,19,22; 4:5,9,18; behind 6:19 end 9:5 KOT 2:8; 9:18,19 5:22; 8:8,17 believe 6:5; 9:5 engineer 7:22 KRAMER 2:13,14.5; 4:15 1980 5:22; 6:6; 8:8,17,18; ( believes 4:21 I Engineering 3:11; 4:8; 5:6 -------------------------- 9:7 BESCO 2:6; 9:13; 10:2,3 entertain 9:10 L -------------------- - - - - -- better 8:7; 9:5 essentially 5:11; 7:18 -------------------------- - I 2 I boundary 6:16,22 I evening 3:16; 5:5 LARRY 2:8 -------------------- - - - - -- Bridge 2:13.5 everybody 4:21 LAW 2:13 2003 1:14; 11:12 brother 3:10 except 6:11 lawn 7:18 22nd 11:12 building 5:15,17,19,24; existing 7:3,5 lit 6:18 -------------------- - - - - -- 6:1,2,4,19,21,23; 7:2,4,5 exterior 7:13 locking 4:19 3 buildings 3:23; 4:3 -------------------- - - - - -- look 8:19 -------------------- - - - - -- built 5:24 F lot 7:1; 8:7 305 1:9 BURD 2:7; 9:16,17 -------------------- - --- -- -------------------------- 32 3:21; 7:15 -------------------- - - - - -- Farm 1:15 M -- --- ---- --------- -- - ----- C feel 4:5,9; 5:21 -------------------------- 4 -------------------- - - - - -- filed 5:14 main 7:6,8 -------------------- - - - - -- C.S.R 11:14.5 filtering 8:1 major 6:14 47 7:20; 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