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
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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
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Administration Committee 7:00 P.M., Thursday, November 13, 2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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CITY COUNCIL MEETING
October 14, 2003
PLEASE PRINT
NAME: ADDRESS:
6 )JAPO O two P , 1 bG S
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SIGNIN
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STATE OF ILLINOIS )
SS:
COUNTY OF KENDALL )
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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,
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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
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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
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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
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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
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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
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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?
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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
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7 transcribed.) 7 transcription under my personal direction; and that the
8 * * * * * e foregoing is a true and correct transcript of the
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9 9 proceedings had at the time and place previously
1 10 10 specified.
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11 11 IN WITNESS WHEREOF I have hereunto set my
12 12 hand this 22nd day of October, 2003.
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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
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YORK1014.TXT Page 2
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