City Council Minutes 2003 06-10-03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE.
KENDALL COUNTY. ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD. ON
TUESDAY. JUNE 10. 2003.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
- -- ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward 11 Burd Present
Kot Present
Ward III Munns Present (arrived 7:05)
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City
Attorney Kelly Kramer, Police Chief Harold Martin, Executive Director of Parks & Recreation
Brown and Finance Director Traci Pleckham.
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
None
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COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, June 23, 2003
City of Yorkville Conference Room
800 Game Farm Road
Alderman Besco noted that the time for the Public Works Committee meeting has been
permanently changed to 7:00 P.M.
Economic Development Committee 7:00 P.M., Thursday, June 19, 2003
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 P.M., Thursday, June 12, 2003
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Thursday June 26, 2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M., Thursday June 16, 2003
City of Yorkville Conference Room
800 Game Farm Road
PRESENTATIONS
Southwest Fox Valley Cable Consortium
Mayor Prochaska introduced the City Council to the new director of the Southwest Fox Valley
Cable Consortium, Max Herwig. He explained that the former director, George Glass, is no
longer with the consortium. He turned the floor over to Mr. Herwig.
Mr. Herwig explained that the consortium is comprised of five communities, Oswego, Yorkville,
Plano, Sandwich and North Aurora. It was formed to work on a common franchise agreement
with AT &T Broadband, now Comcast. Four of the communities (excluding North Aurora) have
The Minutes of the ReL-ular Meetine of the Citv Council - June 10, 2003 - Aase 2
a signed agreement for twelve years and have been completely upgraded to the latest high speed
cable, internet, telephone and digital cable service. Along with the upgrades, the communities
have obtained a public access channel (channel 17), government access channel (channel 10)
along with an educational channel (channel 99).
Mr. Herwig explained that the educational channel is run by Waubansee Community College
(WCC) who is also a member of the consortium. The consortium partnered with WCC to obtain
- -- the ability to use the college's studio facilities to televise the public and government access
channels. The channels will be shared by the five communities until such a time that a
community needs its own channel. He explained that the consortium is in the process of hiring a
manager for the public programming and this person will be in place by mid - August. The
manager will work for WCC but the funding for the position is from the communities through the
5% that they collect from Comcast. Once the manager is in place, this person will purchase
cameras which will be available to the community for the public access channel. Currently,
bulletin boards are running on both the public and government channels. The consortium is
developing forms for the bulletin boards and these will be available in the next month or two.
Mayor Prochaska asked Mr. Herwig about the City's public buildings being connected to cable
service. Mr. Herwig stated that as part of the franchise agreement, the United City of Yorkville
submitted a list of buildings and these should have been connected. He stated that he will review
the list of buildings at a consortium meeting and he will take the information to Comcast.
There were no further questions or comments from the Council.
PUBLIC HEARINGS
PC 2002 -06 Westbury Village
Mayor Prochaska entertained a motion to go into public hearing for PC 2002 -06 Westbury
Village: Ocean Atlantic, petitioners, requests to annex and rezone from Kendall County A -1
Agricultural and United City of Yorkville B -3 Service Business District and A -1 Agricultural to
United City of Yorkville Planned Unit Development with zoning districts of B -3 Service
Business District, R -2 One - Family Residence District, R -3 General Residence District and R -4
General Residence District and for hearing as to the Annexation Agreement of petitioner. So
moved by Alderman Sticka; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Spears -aye, Sticka -aye
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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 Alderman
Besco• seconded b Alderwoman Spears.
ears. P
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye,
Mums -aye, Spears -aye, Sticka -aye, Ohare -aye
R -2 Zoning Ordinance Text Amendment
Mayor Prochaska entertained a motion to go into public hearing for the amendment of the text of
the R -2 Zoning Ordinance to allow an increase in the lot coverage from twenty percent to thirty
percent. So moved by Alderman Sticka; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Spears -aye, Sticka -aye
Mayor Prochaska explained that the amendment to the R -2 Zoning would increase the amount of
roof coverage allowable on a lot. This includes roofs on houses, sunrooms, and porches as well
as garages and other outbuildings.
Mayor Prochaska opened the floor for comments from the public. There were none.
Mayor Prochaska opened the floor for comments from the Council.
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Alderman Sticka related a story about a United City of Yorkville business owner who lives in the
city who needed a variance to add a sunroom to his house because the present ordinance
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The Minutes of the Reeular Meetine of the Citv Council - June 10. 2003 - Da2e 3
limits lot coverage. The amendment will allow people to improve their homes. He also
commented that Building Inspector Bill Dettmer noted that the current allowable percent is low
compared to other communities.
Mayor Prochaska commented that the amendment does not change the setbacks required.
City Attorney Kelly Kramer noted that any time a text amendment is done to a zoning ordinance
a public hearing is required.
There were no further comments.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Sticka; seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye,
Mums -aye, Spears -aye, Sticka -aye, Ohare -aye
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Crack Filling Project - Award contract to Midwest Tar Sealer Co. in an amount not to
exceed S22,870.80
2. River's Edge Subdivision Phase 2 - Letter of Credit reduction in the amount of
$340,757.24
3. Monthly Police reports for April
4. Request Approval of Officer at High School — Contract Renewal for 2003 - Authorize
Mayor and City Clerk to execute
5. GASB 34 Fixed Asset Policy - Motion to approve.
6. Resolution 2003 -21 - Agreement between United City of Yorkville and New Life
Church for the Yorkville Skate Park — authorize the Mayor and City Clerk to execute
Mayor Prochaska entertained a motion to approve the consent agenda as presented. So moved by
Alderman Sticka; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye,
Spears -aye, Sticka -aye, Ohare -aye, Besco -aye
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderwoman Spears to approve the minutes of the City Council meeting
from May 27, 2003: seconded by Alderman James.
Mayor Prochaska noted that the Council received a corrected page 2 of the minutes.
Alderwoman Spears asked to approve the minutes with the correction.
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 June 6, 2003 totaling the following amounts (the report was revised
to reflect a manual check payment to Elan Financial Services of $11,936.19): checks in the
amount of $132,800.16 (vendor), $107,582.90 (payroll period ending 05- 03 -03); $111,352,44
(payroll period ending 05- 17 -03); $124,650.21 (payroll period ending 05- 31 -03) for a total of
$476,385.71; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye,
Munns -aye, Spears -aye, Sticka -aye, Ohare -aye
The Minutes of the Regular Meeting of the Citv Council - June 10. 2003 - nage 4
REPORTS
MAYOR'S REPORT
Relay for Life
Mayor Prochaska reported that he participate with a Yorkville team in the Relay for Life. The
team raised in funds and pledges approximately $3,200.00. He reported that he was passed the
-- baton from Mayor Roberts of Plano because the Relay for Life group would like to have the race
in Yorkville next year. He stated that he looked forward to the United City of Yorkville hosting
the event.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
Pork Chop Dinner
Chief Martin reported that the Citizens Police Academy Alumni Pork Chop Dinner went well
with 181 dinners being sold.
EXECUTIVE DIRECTOR OF PARKS & RECREATION
No report.
COMMUNITY & LIAISON REPORT
Street Naming
Alderwoman Spears reported that the Human Resource Committee is still working on the Street
Naming Procedure and it should be finalized soon. Alderman Besco asked if the completed
procedure could be presented to the Public Works Committee.
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Aurora Area Convention and Visitors Bureau ( AACVB)
Mayor Prochaska reported that he attended the AACVB annual dinner in Alderwoman Burd's
place. He stated that he won the trophy for the "Best Mariachi Band Singer" which he displayed.
He reported that it was a fun event. He also noted that the president of the tourism council has
retired and a new person has been appointed.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
_ Van Emmon Street Watermain Easement
A motion was made by Alderman Besco to approve the grant of easement for a watermain
between the United City of Yorkville and Robert and Debra Dearborn as recommended by the
City Engineer and to authorize the Mayor and City Clerk to execute the documents; seconded by
Alderman Sticka.
Mayor Prochaska questioned if the Mayor and City Clerk should execute the documents or the
City Engineer. Administrator Graff clarified that this easement is to be executed by the Mayor
and City Clerk.
Motion approved by a roll call vote. Ayes -8 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Ohare -aye, Spears -aye
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The Minutes of the Regular Meeting of the Citv Council - June 10, 2003 - page 5
Appletree Court Watermain Easement
A motion was made by Alderman Besco to approve the grant of easement for a waterman
between the United City of Yorkville and Ronald J. Olson and Maxine V. Olson as recommended
by the City Engineer and to authorize the City Engineer to execute the documents; seconded by
Alderman Sticka.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye,
Mums -aye, Ohare -aye, Spears -aye, Sticka -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
(Ordinance) 2002 -31 Revising Development Fees
A motion was made by Alderwoman Spears to approve an ordinance amending Ordinance #1990-
24, an ordinance setting forth the standards and regulations for payment for the development and
extension of utility costs upon annexation and /or Planned Unit Development; seconded by
Alderman Mums.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye,
Ohare -aye Spears -aye, Sticka -aye Besco -aye
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing
the following three items:
1. For the collective negotiation matters between public employers and their employees
or representatives.
2. To discuss pending litigation.
3. For the purchase or lease of real property for the use of the public body being
considered.
He asked that the City Administrator, Executive Director of Parks & Recreation, Chief of Police,
City Treasurer, City Clerk, and City Attorney be included in the session and Park Board member
Dave Cathey be allowed for a portion of the session. So moved by Alderman Kot; seconded by
Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Spears -aye, Sticka -aye
Mayor Prochaska noted that there would be no action taken after the session.
Executive session was entered into at 8:10 P.M.
The City Council returned to regular session at 9:55 P.M.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Munns; seconded by
Alderman James.
Motion approved by a viva voce vote.
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Meeting adjourned at 9:56 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Y Clerk City of Yorkville Illinois
I
CITY COUNCIL MEETING
June 10, 2003
PLEASE PRINT
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BEFORE THE YORKVILLE CITY COUNCIL
PUBLIC HEARING
PC2002 -06 WESTBURY VILLAGE
REPORT OF PROCEEDINGS had and testimony
taken at the hearing of the above - entitled matter,
taken before Nicola Gengler, C.S.R., No. 84 -3780, on
June 10, 2003, at the hour of 7:00 p.m., at 800 Game
Farm Road, Yorkville, Illinois.
J
D- 655103
I '
tx L
REPO • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 • Fax 630 - 983 -6013
www.depocoui,t.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 now in public hearing, and I would ask a
7 MS. VALERIE BURR, Alderwoman; 7 representative of the petitioner if you have a little
8 MR. PAUL JAMES, Alderman; 8 something you need to give us a presentation of.
9 MR. LARRY KOT, Alderman; 9 MR. STEIN: Thank you, Mr. Mayor, members
10 MR. MARTY MUNNS, Alderman; 10 of the Council.
11 MS. WANDA OHARE, Alderwoman; 11 Kelly, do we need to be sworn?
12 MR. RICHARD STICKA, Alderman; 12 MS. KRAMER: No.
13 MS. ROSE SPEARS, Alderwoman; 13 MR. STEIN: My name is Sanford Stein. I am
14 and 14 an attorney with the law firm of Gardner, Carton and
15 LAW OFFICES OF DANIEL J. KRAMER 15 Douglas. I am very pleased to be representing Ocean
1107A South Bridge Street
16 Yorkville, Illinois 60560 16 Atlantic Corporation and their proposed development
BY: MS. KELLY KRAMER,
17 appeared on behalf of The United City of 17 called Westbury Village into the United City of
Yorkville.
18 18 Yorkville.
19 19 We have had over the past several
20 20 weeks, perhaps months, interesting developments of the
21 21 refinement of a proposed plan before the Plan
22 22 Commission and with various members of your staff,
23 23 various members of the community and the City Council,
24 24 to come up with what we think is a very fine, very well
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4 5
1 articulated, very well really completed development 1 design type of unit, and it is a very attractive
2 proposal and now, therefore, appropriate to bring to 2 opportunity and well in demand. We think on balance,
3 your attention for approval and a portion of this 3 this provides a variety of housing types that give some
4 property is -- a good deal of this property is 4 variety to the residents and opportunities for
5 currently annexed and within the City pursuant to a 5 different kinds of housing units.
6 1997 agreement between the property owners, Mr. and 6 we are glad to say that 91 acres of
—' 7 Mrs. Undesser, now both deceased, and the City for a 7 this proposal, approximately 30 percent, roughly a
8 portion of this property, approximately 15 acres plus 8 third, is dedicated to open space. I am very happy to
9 or minus. 9 say that that development is not just a bunch of words
10 According to this, it is necessary 10 but also a very well- articulated plan which you have in
11 that we bring this before you on an annexation 11 front of you, and the architect of that plan is Chris
12 agreement. We have prepared for you and you have 12 Lannert with whom most of you are familiar already.
13 hopefully the benefit of seeing in your packets our 13 I think Chris has done a very
14 proposed annexation development and planned unit 14 masterful job in working with this site, and he will do
15 development agreement which we spell out the details of 15 a better job than me describing that. We will have
16 our proposal. 16 Chris show you what these amenities are, how they work
17 Very briefly, this is 17 together, how open space benefits the community
18 approximately -- the entire development is 18 ultimately. Included in all the land, Chris will
19 approximately 300 acres, some 55 acres of that is 19 describe also, there is approximately 23 acres of
20 subject to annexation. The proposal is for 890 total 20 commercial site use and about 20 -acre park and school
21 residential units. Of which, 289 will be single 21 site.
22 family. 601 will be multifamily. Of those 601, 296 22 With that, Chris, why don't you
23 are townhome units; and 305 are what we call courthome 23 describe in better detail than I am able to.
24 units, courtyard units. This is a more neo- traditional 24 MR. LANNERT: Thank you, Sandy.
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1 For the record, my name is Chris 1 of concept plans which we have worked with over time,
2 Lannert. I am the planning consultant for this 2 but the plan that we are presenting to you tonight is
3 project. we have been working with the Plan Commission 3 this plan. It shows approximately 980 units which is
4 and staff for a couple of years now to articulate this 4 just under 2.96 units per acre which is in compliance
5 plan and get it into conformance, and I think what we 5 with the comprehensive plan. Changes that have been
6 will present to you tonight is a plan which complies 6 made because some of you who sat in on the Plan
7 with all of your ordinances. 7 Commnission or other subcommittees before is the
8 As Sandy pointed out, the subject 8 boulevard which now sweeps through the property is
9 site is this quadrant right here. It is approximately 9 signalized up here at the Galena, that intersection up
10 300 acres. The L- shaped portion along Galena Road and 10 here at Galena, and has an intersection here on
11 along our Westlake property was not annexed originally 11 Route 47.
12 by the Undessers, and that is part of the petition 12 The reason that this road became
13 tonight. Since the Undesser annexation, we have 13 important is because we have adjusted the plans to call
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14 annexed the Inland piece over in this location. So 14 for a 20 -acre school park site in this location. That
15 this shows the current corporate limit lines of the 15 is comprised of a five -acre park site and a 15 -acre
16 community. 16 school site. In addition to that, we have added a
17 More specifically in terms of the 17 neighborhood park down in this location.
18 site analysis, this is a plan that one equals 21 -inch 18 The balance of the regional trail
19 scale. So it is an outline of the portion which has 19 system, storm water and wetlands will be this final
20 not previously been annexed and the ridge lines are 20 backbone of our project; and all of our neighborhoods
21 shown in red. The high points are shown by the yellow 21 and communities working to that. The single - family
22 stars. The low point is where the ditch exits our 22 lots are shown in three different pods. They are all
23 property. 23 12,000 square foot in size. The commercial complements
24 We obviously used this in a number 24 the existing commercial zoning which was part of the
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1 original annexation, and we really look at a unified 1 The boulevard will be planted with
2 commercial site up on that corner. 2 trees as well as within the crescent shape the eyebrows
3 As I did not point out in the site 3 and the cul -de -sac to offer the landscape. This will
4 analysis, the actual corner is an open space property 4 be part of our home association after covenants which
5 which is owned by the Forest Preserve, and that is a 5 will also be within the open space.
6 park now and will continue to work as a park. We also 6 We have respected all of the buffers
7 have a major entrance down to the south which will come 7 and shown them on this plan, the 50 -foot buffer south
8 through and sweep through our lower section. 8 of the Galena and adjacent to Route 47 as well as a
9 One of the last changes that we made 9 30 -foot buffer between our commercial and the
10 with the community is the agreement to have all of our 10 multifamily uses and then additional buffer north of
11 lots be 12,000 square feet with the exception of the 11 Cornelius. That is also shown on our plan, and will be
12 lots that back up to our buffers, back up to the school 12 part of the master improvements that we will put in.
13 park site or back up to village space. That is a 13 The last exhibit shows the sign
14 variation that you had in the past. So those lots that 14 packages and the location of those signs within our
15 back up L open space are 10,000 square feet. 15 community. We will have one major sign at each of
16 We do have courtyard homes shown in 16 these locations and then there will be neighborhood
17 this location opposite our boulevard south of the 17 type signs and then just small mronument signs for each
18 commercial and adjacent to the open space, and we have 18 of the housing projects that the builders will build.
19 a portion of courthomes down in the corner. We have a 19 So in a nutshell capsulization, that
20 large storm water retention basin which we have used 20 is our proposal this evening.
21 here and incorporated into our sign package. I will 21 MAYOR PROCHASKA: I'd like to open the --
22 show you that on a different board, and we do have two 22 did you have something else you needed to say?
23 pods of townhouses as well as our recreational area in 23 MR. STEIN: Nothing more, just to conclude
24 that location. 24 as Chris already did.
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1 MAYOR PROCHASKA: All right. I'd like to 1 and gave us information as to what was taking place.
2 open the floor to any of the visitors here that would 2 She is a wonderful asset to the community. I don't
3 like to have some statements here. 3 know how everybody voted, but I certainly would commend
4 Sir, come forward, state your name 4 her. She was very pleasant; and as a result of our
5 please for the record. 5 having a chance to look at the documentation, we
6 MR. COPE: Good evening, my name is Ronald 6 realized that this plan calls for single - family hones
7 Cope, C- O -P -E. I am an attorney. I am here to object 7 to be located on top of where we are, our clients
8 to the proposed annexation and the rezoning on behalf 8 anyway, are operating their composting business.
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9 of a party called Green Organics, Incorporated, that 9 Now, it should have been made known
10 has the composting business located actually on the 10 to the Plan Commission -- and maybe it was and since I
{ 11 property. 11 wasn't there, I don't know -- that our clients do have
12 I didn't realize when I first saw 12 a lease. The lease extends for and was extended for
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13 this because this is really the first time I have seen 13 more than 10 years. They are operating under a zoning
14 this plan that, in fact, the plan does include 14 that was granted by the County. So they have a legal
15 incorporating and rezoning of what is a viable ongoing 15 right to be there. They have a legal right under their
16 business. So let me back up for just a minute. 16 lease to be there.
17 Our clients did not have any notice 17 So let we suggest a couple of
18 and did not participate in any of the Plan Conmnission 18 objections specifically. First, given the fact that
19 hearings. Apparently they found out by chance that 19 there is an ongoing business there, it is not very good
20 their property was to be included as part of this plan 20 planning to, in fact, locate single - family homes or
21 development. 21 plan to locate single - family homes so close to this
22 I came here to the City Hall last 22 property and in addition to actually approve a plan
23 week with one of the owners, and we had a chance to 23 which puts single - family homes directly on top of this
24 meet your charming city clerk who was very kind to us 24 property. So the rezoning is clearly contrary to the
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1 existing use and what should be the existing use for a 1 So based on at least a few
2 number of years. 2 observations, one, we did not have an opportunity to
3 Second of all, our clients do have a 3 participate in any meaningful way in the planning
4 lease with the property owner; and it is rather 4 process. We were not given notice. Our clients did
5 surprising -- and this is really not in legalese. It 5 not have an opportunity to present real evidence
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6 is just trying to make a commonsense observation -- 6 regarding the planning and zoning issues. No. 2, just
-- 7 that under the lease, as most of you know with a lease, 7 on an observation, my observation and I don't plan to
8 the landlord is supposed to provide you with the right 8 be a planner, it doesn't seem like good planning not to
9 to quiet enjoyment of your property. 9 take into account an existing and ongoing viable
10 For the landlord to, in fact, apply 10 business.
11 for, to join in, to ask for the annexation and the 11 No. 3, it just seems dead wrong for
12 rezoning which would be contrary to what he has agreed 12 the owner of the property to be asking for this type of
13 to or they have agreed to in the lease, seems 13 zoning when the owners know that they made a promise.
14 inequitable to use a term that doesn't -- that is not 14 They have a lease where they promised these people they
15 that lawyer like or that complicated, and it may be 15 can continue to operate for 10 years, and they have
16 much more than that. 16 made a very substantial investment in their composting
17 So to in effect make sure that you 17 business. So those are my observations.
18 are on notice, that it would seem wrong to join in this 18 For purposes of the court reporter,
19 action to in effect rezone this property when the 19 as I indicated, my name is Ron Cope, C- O -P -E. I am
20 landlord, the owners of the property, made a promise, 20 located at 135 LaSalle Street in Chicago. I do work in
21 entered into a contract, that these people would be 21 this area, and I would thank you very much for your
22 able to operate there for at least the next 10 years. 22 time. I don't want to belabor the point. Again, I
23 That should have been part of what you were made aware 23 thank you, the clerk. I wanted to thank her publicly
24 of. 24 for her kindness. Thank you.
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1 MR. STICKA: Can we ask a question? 1 observation, part of it. It is just the plan that
2 MAYOR PROCHASKA: Sure. 2 shows --
3 MR. STICKA: You said a couple of times 3 MAYOR PROCHASKA: We will get back to you.
4 about the development being on top of. By on top of, 4 MR. COPE: Thank you.
5 do you mean occupying exactly the same space or 5 MAYOR PROCHASKA: At this time, I want to
6 immediately adjacent to? 6 ask if there is anyone else that would like to corre
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7 MR. COPE: Can I show you the plan? I can 7 forward and make any comnents to the City, any
8 show you what I am talking about because I didn't 8 testimony, on this development.
9 realize this when I first came tonight. 9 Yes, ma'am? Can you core forward
10 MAYOR PROCHASKA: I think there might be 10 and state your name, please.
11 some rrore cormients dealing with that. What I'd like to 11 MS. DAUWALDER: Dolly Dauwalder. We live
12 do is find out if there is anybody else that has any 12 on Route 47 right now, and there has been three fatal
13 camants on this before we -- 13 accidents between Galena Road and Cornelius within the
I _
14 MR. COPE: I can try and answer the 14 last year; and with the project that they are talking
15 question. 15 about the amount of people, what is going to happen
16 MAYOR PROCHASKA: -- before we get into 16 with the traffic? It is horrendous now. That is my
17 that, counsel. 17 only comment. I don't see how it is going to possibly
18 MR. STICKA: I didn't want him to escape. 18 accomiodate this many new people right on 47.
19 MAYOR PROCHASKA: No, that is fine. I 19 MAYOR PROCHASKA: Okay.
20 actually have a few comments that I would like to make 20 MS. DAUWALDER: That is all.
21 too; but at this point, I think we just want to just 21 MAYOR PROCHASKA: Thank you.
22 take the testimony; and then we can ask some questions 22 Is there anyone else?
23 as we -- 23 (No response.)
24 MR. COPE: I'd be happy to make that 24 MAYOR PROCHASKA: Okay. What I'd like to
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1 do is open up to Council; and I know, Rich, you had the 1 has been part of our plan and proposal.
2 question; and I would just like to have a chance to 2 MAYOR PROCHASKA: Can you talk into the mic
3 have a comment here, too; and then we can -- if you 3 so our court reporter can hear you.
4 would like to answer some of those. 4 MR. STEIN: I'm sorry. As to Mr. Cope's
5 MR. STEIN: Before you go there, I just 5 cormrents and we understand that -- the only thing I
6 want to be sure. I think we can provide or shed some 6 want to say now, and I'd like perhaps a little more to
7 light on the various comments. 7 say later is the information that he brings to your
8 MAYOR PROCHASKA: Why don't you do that 8 attention and to a great deal somewhat to our
9 then. 9 attention, although we aren't totally surprised.
10 MR. STEIN: Okay. Well, first of all, just 10 He is talking about a small part of
11 to clear up a few points, the drainage traffic claim, 11 a 300 -acre development where there may be some issues
12 civil engineering, has all been reviewed by your staff 12 to be worked out between the current owner, the
13 and your planner, Mr. Schoppe. 13 proposed -- the contract purchaser, my clients, and who
14 This property will be drained into 14 is also the proposed developer and Mr. Cope's client.
15 the sanitary sewer. It will be covered by the 15 We can do a quick calculation, but it is maybe five or
16 agreement by the Yorkville- Bristol Sanitary District. 16 10 acres out of 300 acres that are --
17 we will be making arrangements to deal with the Park 17 MR. COPE: 20.
18 Districts. Although I believe we have been going into 18 MR. STEIN: 20 acres. Okay. So we will
19 considerable conversation. 19 want to hear some more about it, have a chance to talk
20 Mr. Lannert can if you wish provide 20 more with Mr. Cope. Perhaps his client and our client
21 more information for you on the traffic engineering 21 can get together on it and the owner, but one would
22 layout that you testified. I can assure you that we 22 think that 20 of 300 acres is an issue that we can work
23 are making the appropriate traffic improvements that 23 through or work around, that that would be doable.
24 will crake this traffic a little bit more appropriate as 24 MAYOR PROCHASKA: Okay. I just have a
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1 statement and that is that the property is currently 1 the property, and certainly that we would need to be --
2 zoned by the Undessers; correct? 2 we may want to have a little bit of insight before we
3 MR. COPE: Yes, as far we know. 3 would go further because we don't know if -- I guess my
4 MAYOR PROCHASKA: So as far as making the 4 question would be is there any liability to the City.
5 petitioner -- it was the Undesser family that made the 5 MS. KRAMER: We have reviewed the
6 petition to have this property annexed and zoned; and 6 correspondence, both Dan and I; and we are looking at
7 to your point to say that the City hadn't -- the 7 this as a private issue between the contract -- I am
8 question I think was raised several times at several 8 sorry -- between the land owner and the tenant.
9 meetings is, you know, what is going on with the 9 Essentially the City can't take any
10 composting, and the discussion was that that property 10 action whatsoever upon what is being done between the
11 was being included in the proposed development, that it 11 landlord and the tenant. So the municipality can't
12 was being -- you know, by the owners. 12 really even look at this issue.
13 So as far as the lessees I guess not 13 What we were given was the plan by
14 having adequate notice, I suggest that that is a 14 the petitioner which includes that property, and that
15 discussion you need to have with the Undessers and not 15 property is owned by the Undessers. So we just have to
16 with City Council. As owners of the property, they 16 look at the plan as a whole. We can't look at the
17 certainly have the right to come in and ask for 17 leasehold that actually involves your client. So
18 something; and we as the City have no reason to be in 18 essentially it is not an issue really that the
19 the business between a landlord and a tenant as far as 19 municipality can even look at.
20 what agreements you may or may not have. 20 As far as notification goes, under
21 You brought some valuable 21 the Illinois State Statute, the only people that have
22 information here today that I don't think we were aware 22 to be notified are the electors who may reside on the
23 of, but I mean I think that is something that certainly 23 property and the property owners themselves; and the
24 you need to have further discussions with the owner of 24 Undessers were notified; and since no electors reside
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1 on the property, there were no electors notified. 1 of people that are brighter than I am, smarter, do more
2 The City did satisfy all the 2 research.
3 publication requirements by publishing in the paper a 3 So we can disagree. I think to have
4 general circulation for 15 days prior to the public 4 the City Council try and figure out what the legalities
5 hearing. 5 are at this time, they should follow -- I assume they
j 6 MR. COPE: Mr. Mayor, may I say anything 6 will follow their attorney's advice. So anything I say
7 further? 7 in that regard may raise a question, but I believe that
8 MAYOR PROCHASKA: Well, I was just going to 8 our clients' rights were not, in fact, complied with,
9 ask Rich if he wanted to go ahead at this time and 9 that they were, in fact, violated by their not having
10 finish his question. 10 the opportunity to participate in the hearing.
11 MR. STICKA: That is all right. You can 11 I would cite in that regard the
12 fit it in there somewhere. I just wanted to take sure 12 Claren case which I know you are familiar with and
13 I understand what he means when he says on top of. 13 suggest that they did have a right; and they did have a
14 MAYOR PROCHASKA: I believe that is what 14 right to specific notice; and it is not simply a matter
15 they are talking about. 15 of should they argue with their landlord; but to try
16 MR. STICK: Literally on top of or -- 16 and answer Alderman Sticka's question and it is hard --
17 MAYOR PROCHASKA: The development is 17 may I take this?
18 supposedly sitting on top of -- 18 MS. MILSCHEWSKI: Yes.
19 MR. COPE: Let we try and answer that 19 MR. COPE: Here's what I was trying to
20 question, and also I didn't really cane tonight to 20 refer to and this may not be visible to everybody, but
21 engage in a legal debate with anyone but rather to make 21 you will see there is an area over here somewhere. It
22 certain points. We can disagree on what the legal 22 says compost area, and I guess that is part of an area
23 requirements are. I have been doing this for about 23 which -- that is part of the area that my clients are
24 35 years, and I would defer to anyone. There are a lot 24 operating their business on.
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1 They actually have 50 acres of land 1 MR. COPE: This is the compost area --
2 that they are operating their business on. There is 2 MR. MUNNS: There are houses in that
3 this 20 acres of land here that they are operating 3 square?
4 their business on. What I was talking about is the 4 MR. COPE: That is what the plan says. It
5 zoning -- and I may be misreading this and Mr. Lannert 5 is single - family homes on top of it. That is what I
6 can probably straighten we out -- appears to put 6 meant by on top of. I am sorry.
7 single - family homes right on top of this. That is what 7 MR. MUNNS: On top of could be close. I
8 I meant by -- 8 just wanted to make sure.
9 MR. STICKA: You meant literally on top of 9 MR. COPE: No, that actually is on top of.
10 it? 10 MS. SPEARS: I have a question.
11 MR. COPE: I meant literally on top of it. 11 MAYOR PROCHASKA: Sure.
12 You can see that the single - family homes extend on top 12 MS. SPEARS: How many 10,000 square feet
13 of the area that is shown on this drawing as the 13 units are there? I know you showed us where they were,
14 compost area. That is all I meant. That is what I 14 but do you know how many?
15 meant by putting it on top of. 15 MR. LANNERT: I can't remember that number
16 MR. STICKA: Thank you. 16 off the top of my head. I could count them. I think
17 MR. OOPE: You are welcome. Thank you very 17 it was somewhere in the neighborhood of 60 or 70.
18 much for your time. 18 MS. SPEARS: Okay. Thank you.
19 MAYOR PROCHASKA: Is there any other 19 MAYOR PROCHASKA: Yes?
20 caments or any questions or anybody else in the 20 MS. BURR: I'd like to ask, again, about
21 council? 21 the creek, Rob Roy Creek, ditch, whatever. It went
22 MR. MUNNS: We couldn't see it exactly. So 22 from being totally meandered, now it looks like you are
23 you mean it is going to be where the co post pile 23 not even touching it. what exactly are you doing with
24 currently exists, not butting up against it? 24 it?
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1 MR. LANNERT: We are going to be remodeling 1 MR. LANNERT: No. It will be very gradual
2 that. We are going to be using that for compensatory 2 and modeled. The one thing you might encounter is we
3 storage as well as for our storm water. We will still 3 are going to be reclaiming that land as wetlands and
4 have the reconstructed wetlands. We don't have that 4 open space, not as larger lakes that we originally had
5 graphic shown on this plan because the engineering is 5 discussed.
6 still being discussed in terms of the storm water 6 MAYOR PROCHASKA: Okay. Anyone else?
7 design. 7 MR. STICKA: Yes. This compost thing is
8 It will have those attributes we 8 really bothering me a lot. I was one of the councilman
9 have spoken of before. It will have a regional trail. 9 who brought this issue up early on and asked questions
10 It will have wetlands. It will have open storm water, 10 about it. I have asked staff questions about it at
11 and it will be available for recreational use. 11 several private meetings -- public meetings rather.
12 MS. BURD: Has somebody checked out about 12 It seems to ne that I heard there
13 the steepness of the bank and all that kind of stuff? 13 was another party that are also -- don't they own part
14 MR. LANNERT: It will all be tapered back 14 of the property?
15 so that we have -- the flow of the creek and the flood 15 MR. GRAFP: Correct.
16 plain will be one set of storm water development and 16 MR. STICKA: It seemed to me there was
17 then there will be softer areas for our required storm 17 never a whiff of suggestion that any of the composting
18 water development, and all of that was factored into 18 operations really collided. I mean, we knew it was
19 the comprehensive plan compliance so that we are not 19 adjacent. We were concerned about it. what would the
20 getting double credit for the required storm water and 20 inpact be on those residents and would they be willing
21 the open space which is discussed in your comprehensive 21 to live next to a composting operation and what kind of
22 plan. 22 problems would there be.
23 MS. BURR: And we know it is not a danger 23 we asked the developer to look into
24 to children wandering over there? 24 those things. To hear about it now at this point that
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1 it is a conflict where they may not even have the right 1 whatever, you know, I don't know what the specific
2 to that property -- 2 terms of their lease are; and I would suggest that
3 MS. KRAMER: I don't necessarily think you 3 either the new owners have to respect that lease by law
4 can view it as a conflict either. It is a private 4 or buy out of the lease, one or the other. However,
5 issue between the landlord and the tenants, not 5 that ends up working out. That, again, becomes an
6 something that is at issue -- 6 issue between the owner and the tenant.
7 MR. STICKA: As a city councilman, I don't 7 MS. KRAMER: It is completely a private
8 feel like getting in the middle of that. 8 issue.
9 MS. KRAMER: Right. That is why the City 9 As far as the presence of compost,
10 is not considering -- the City should not consider that 10 if you are looking at it from a health -- public safety
11 at all. 11 and health and welfare, you can do that; but as far as
12 MR. STICKA: I feel we are being drawn into 12 the actual lease agreement, we have nothing to do with
13 it whether we want to or not. 13 it as a City. That is an issue --
14 MAYOR PROCHASKA: There is going to be an 14 MR. STICKA: I was concerned about such
15 issue here -- I am not going to be taking the place for 15 things as people objecting to the odor. In fact, the
16 the attorney; but just for your point, I am not sure if 16 future City Council don't want to have residents coming
17 it was at the same meeting but I know it was at a 17 in here and saying we are living next to this thing.
18 public meeting that I did mention that, that part of 18 It produces a smell. We don't like it. We want you to
19 this area was being used by the composting. I asked if 19 do something about it. I was concerned about what
20 that was correct and that this will still be included. 20 would happen on that.
21 I was told yes. It was my understanding from very 21 MS. KRAMER: Right. The City is going to
22 early that the area was going to be included. 22 mandate that similar to the right to farm language will
23 Now, the question of does the owner 23 be put on the actual plat and the deeds of the
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24 have the right to ask for it to be rezoned and 24 homeowners. It will have language similar to that
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1 regarding the compost. 1 Mitch, why don't you describe and
2 MR. STICKA: With the amount of discussion, 2 clear the air if you will on this topic.
3 I understand that. 3 MR. LA FAVE: Mitch LaFave with Ocean
4 MR. STEIN: Mr. Mayor and Alderman Sticks, 4 Atlantic.
5 we have had some discussions. As you were relating, it 5 Yes. I recall having those
6 kind of reminded rte to this issue. It is kind of 6 conversations and pointedly trying to answer those
7 sneaking up on us as well. Until this evening we 7 questions the best that I knew. Prior to tonight, the
8 haven't fully been confronted with it. 8 lease that I saw that I reviewed was with the previous
9 We want you to understand, we want 9 tenant and had a different sunset period on it. So we
10 Council to understand, that we have only ourselves 10 have to kind of have a caning together with our sellers
11 become recently as aware of the potential of the 11 on why we weren't made aware of this lease until
12 continuation of this lease, that we had -- it was our 12 tonight.
13 understanding it was probably going to resolve itself. 13 MR. STICKA: Did it ever occur to you folks
14 Rather than leave you or any of you 14 that maybe you should contact Green Organics yourselves
15 with the impression that we have not been forthcoming, 15 directly?
16 I'd like Mitch LaFave who many of you has met from 16 MR. LA FAVE: That is an issue between the
17 Ocean Atlantic to sort of describe how we have now come 17 Undessers and whomever their lessee is. We were
18 to this point to get a more full understanding at the 18 dealing in good faith with the Undessers and expected
19 same time as you are. 19 them to give us every document that pertained to that
20 In other words, we don't want to 20 property.
21 leave you with the impression that we are withholding 21 MR. JAMES: So you are saying the document
22 any information. We are glad that Mr. Cope is bringing 22 that you looked at was a different lease?
23 this also to our attention now, to this particular 23 MR. LA FAVE: Absolutely. It was with a
24 forum. It is why we have these meetings. 24 different tenant, but it had the ability to cosign to
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1 somebody else. 1 the details on the engineering elements, but not to
2 MR. STICKA: This is now getting into an 2 disuade us.
3 area I don't think we need to -- 3 If there is more questions on the
4 MAYOR PROCHASKA: Right. We are getting 4 compost or anything else, we will --
5 beyond the City's -- 5 MAYOR PROCHASKA: The main thing I would
6 MR. I-A FAVE: It is something we need to 6 think is that before this would go any further with the
7 work out with our seller and have them work with their 7 City, we would at least have to know some kind of
8 tenant. 8 resolution has gone on.
9 MR. STEIN: If I might add if you will -- 9 MS. KRAMER: The City is not going to incur
10 by the way, we believe even though we have much, much 10 any liability. It is an issue for the landlord and the
11 to learn about this, and we are very happy that they 11 tenant.
12 have chosen such a capable attorney as Ron who I have 12 If things go not in the petitioner's
13 known for many, many years -- as I pointed out, it is 13 favor, then they probably have to come back with a
14 20 acres out of 300. 14 revised plan because the plan wouldn't be the plan they
15 We can work with this issue. If we 15 have currently submitted.
16 can't resolve it all together, we will find a way to do 16 As far as pushing the project
17 that; and, of course, we will report to you on that 17 forward, you do have the ability to do that.
18 because this is only the beginning of our proceedings 18 MAYOR PROCHASKA: The one thing that I
19 in front of you. We will have many questions to answer 19 would ask though is that we need to find out is there
20 on this and other topics before we are done. 20 any question of safety or -- I know we were going to
21 Mr. Mayor, not to delay things but 21 have basically some language in there to woke people
22 as long as I have the microphone at the mcnent, 22 aware that that operation was happening to the west.
23 whenever we are done with this particular issue, I'd 23 MS. KRAMER: Correct.
24 like Chris to explain just for the record a few more of 24 MAYOR PROCHASKA: But my question now is
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1 would we need as the City to have some kind of language 1 We will have to work through and
2 if they were to develop around it until that lease 2 wait for the actual contractor /buyer to probably get
3 expired. 3 with us and find out what some resolutions are.
4 MS. KRAMER: That is probably an 4 MAYOR PROCHASKA: Mr. Cope, do you have
5 engineering issue also for Mr. Graff to review. I 5 some --
6 really can't tell you what the implementations of a 6 MR. COPE: I just want to ask that there is
7 compost. 7 something that is going on between the City -- publicly
8 There are implications, but I am not 8 whatever is taking place that we receive notice of it.
9 an engineering expert. 9 So that we would know that, in fact, it is taking place
10 MR. GRAFF: I would definitely state that 10 from this point forward since I have indicated that we
11 we will allow the contractor /buyer to came back with us 11 do have a strong interest here. It would be I think
12 with some type of resolution that they have worked with 12 perhaps inQortant to let us be part of that.
13 the sellers; and if that doesn't work out, the existing 13 So I am just requesting --
14 use in the area is still going to be part of the 14 MAYOR PROCHASKA,: I think we are going to
15 project. 15 have to relay to our attorney on that because, you
16 Then we will have to look at some 16 know, again, I know you have certain rights as people
17 type of buffer areas as we have done with our M -1 17 leasing the property; but, you know, the agreement has
18 zoning, and this type of use is addressed in our 18 to still go with the owner.
19 subdivision control ordinance that we would require 19 MR. COPE: Mr. Mayor, just one other point.
20 sane type of buffering, and we would require some type 20 I am a -- I am not really here to
21 of notice on the leads that the M -1 type zoning, 21 create a legal argument; but on the other hand, I feel
22 special use, is adjoining to the property owners; and 22 it will be remiss of me if I didn't suggest to you that
23 we would probably address that; but we will probably as 23 once I have made you aware of the fact that there is a
24 we always do -- this is a draft annexation. 24 lease, that the property owner may well be violating
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1 that lease in regard to what the request is before you, 1 you already in the packet, the drawings we have
2 that if you, in fact, proceed with that request, you 2 provided, the drafted annexation agreement.
3 may, in fact, be incurring some liability. 3 To elicit that, I have asked Chris
4 Now, it is obviously up to you to 4 to go into some of that detail.
5 follow your own lawyer's advice, but I am suggesting 5 MR. LANNERT: To brim everybody rybody back up to
6 because I don't want to walk away and simply leave you 6 speed, this is the 20 acres of the 50 acres which is
7 with the impression that I agreed with that opinion, 7 part of the contracting operation.
8 and it is certainly our suggestion and our feeling that 8 It is my understanding that this was
9 we want to make sure that our rights are protected and 9 used by the Undessers and it has been our approach from
10 not to come to you in an adversarial or confrontational 10 a planning perspective since the beginning to work with
11 way but just to advise you as to what is taking place 11 that either in terms of the lease or in terms of
-' 12 because the man's business is at stake, and he is very 12 setbacks or in terms of just length of time because
1
13 concerned about it. Anyway, thank you. 13 this is a large development, we do have the ability to
14 MAYOR PROCHASKA: As I said, we will refer 14 phase this in over time.
15 that to our legal people and we will look accordingly. 15 What we have done -- and let me just
16 MR. COPE: Thank you. 16 kind of backtrack -- is the first buffer that we are
I
17 MAYOR PROCHASKA: Anyone else? 17 showing is this 30 -foot buffer which has the trail
18 You wanted to -- 18 connection as well as evergreens, ornamental trees and
19 MR. STEIN: And just to complete our record 19 overstory trees which will be part of that buffer, and
20 and to go over some of the -- it is always more fun to 20 that buffer exists in this entire area. It is larger
21 talk about the plan and the open space and all the 21 at all of these intersections so we have more room.
22 wonderful attributes; but ultimately we need to have 22 The portion that Mr. Cope is talking
23 civil engineering and drainage and other kinds of 23 about is this portion, and you can see we could develop
24 things to complete our record. Most of that is before 24 this neighborhood, and we could develop this
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1 neighborhood and have this be one of the last points of 1 will certainly be modified as the development occurs
2 development in terms of connectivity with the project. 2 along 47.
3 So depending on whatever legal disposition is worked 3 MR. STEIN: As I said, this will complete
4 out, I think I can work with staff and with the plans 4 our presentation. As I said, sanitary waste will be
5 to have that work. 5 handled through YBSD and, again, we will answer any of
6 From a drainage standpoint, what we 6 your questions.
7 are trying to do is that all of the land which is south 7 Otherwise, we thank you very much
8 of the creek will have drainage on the south side of 8 for your patience.
9 the creek. So this portion from here up to here will 9 MAYOR PROCHASKA: Does anyone else have any
10 drain into this area. The portion here will drain into 10 comments or questions?
11 this area, and this corner piece is going to drain into 11 The only thing I had I saw in this
12 this approximately three -acre piece. 12 and I just wanted to point out and I believe you may
13 The balance of the commercial will 13 have already addressed this in the updating this
14 blend in this area south of the creek as well as the 14 agreement was it did say something about the City would
15 direct feed from this courthone area into that area. 15 guarantee that there is adequate sewer facilities and
16 The balance of this single- family subdivision and this 16 sewer transmission facilities; and, you know, at this
17 townhouse subdivision will blend into this area down 17 point in time, we are not ready to say that because,
18 here. So all of the natural drainage areas are being 18 first of all, we can't say anything for the Sanitary
19 protected while we are restoring this spine as our 19 District; and second of all, the transmission will be
20 recreational amenity. 20 there as soon as you guys all get together and you
21 MR. STEIN: Comments on traffic. 21 build the line.
22 MR. LANNERT: Traffic, at this point we 22 MR. STEIN: We understand that, Mr. Mayor,
23 will have acceleration and turning lanes as well. So 23 and we have had discussions with Council and staff. We
24 the traffic which is hard to get by and very fast on 47 24 do have an alternative which we will be discussing with
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1 staff, presenting to you and also with YBSD. We 1 MR. STICKA: I am not sure what other
2 certainly will have the means of carrying sanitary 2 meeting or activities that we --
3 waste. Until then a subtrunk system is in place. 3 MS. KRAMER: Right. There is only a couple
4 We think that will work out for this 4 publication requirements and this satisfies --
5 project and ultimately for the benefit of the City. 5 MR. STICKA: I just as a councilman have no
6 MAYOR PROCHASKA.: Thank you. 6 objection to the leaseholder being apprised of any
7 Anyone else? Yes? 7 actions that are being taken.
8 MS. KRAMER: Just for Mr. Cope's 8 MS. BURD: Me, too, second that.
9 information, the City is aware of the Claren decision 9 MAYOR PROCHASKA: The thing is -- that is
10 and also their publication requirements of the State 10 fine, but just understand what our attorney is saying
11 Statute; and from this point on, the City is not 11 as far as noticing people, this is the last meeting
i
12 required to notify at least hold where no electors 12 that you have to notice; and if you start -- and that
13 reside. Therefore, you probably will not be receiving 13 is fine. If we are going to start calling --
14 any notification from the actual City. 14 MR. STICKA: I think we have a situation I
15 I am sure the petitioner will 15 haven't seen before.
16 apprise you of any further meetings. These gentlemen 16 MS. KRAMER: I would advise you not to go
17 are very good to work with, and also all the meetings 17 that route.
18 will be published on agendas. That information will be 18 MR. MUNNS: I would just say my commnt is
19 available to you. 19 what if we open a can of worms, we are going to be
20 MR. STICKA: Could I ask a question? 20 doing this from Kingdom --
21 We may not be required to do, but is 21 MR. STEIN: Rather than belabor the City
22 there anything preventing us from doing that? 22 with that burden and respect your counsel's decision
23 MS. KRAMER: No, but we don't publish 23 relative to binding -- the developer will give notice
24 anymore meetings after this meeting, public hearing. 24 to Mr. Cope directly to any of the public meetings and
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1 the things that we have before you. 1 MS. OHARE: Aye.
2 MAYOR PROCHASKA: Okay. Anyone else? 2 MAYOR PROCHASKA: Motion is carried.
3 (No response.) 3 (Proceedings were then had
4 MAYOR PROCHASKA: I would entertain a 4 which are not herein
5 motion to close this public hearing. 5 transcribed.)
6 MR. BESCD: So moved. 6
7 MS. SPEARS: Second. 7
8 MAYOR PROCHASKA: Moved and seconded. 8
9 May I have roll call, please. 9
10 MS. MILSCHEWSKI: Besco? 10
11 MR. BESCD : Aye. 11
12 MS. MILSCHEWSKI: Burd? 12
13 MS. BURR: Aye. 13
14 MS. MILSCHEWSKI: James? 14
15 MR. JAMES: Aye. 15
16 MS. MILSCREWSKI: Kot? 16
17 MR. KOT: Aye. 17
18 MS. MILSCHEWSKI: Munns? 18
19 MR. MUNNS: Aye. 19
20 MS. MILSCHEWSKI: Spears? 20
21 MS. SPEARS: Aye. 21
22 MS. MILSCHEWSKI: Sticka? 22
23 MR. STICKA: Aye. 23
24 MS. MILSCHEWSKI: Ohare? 24
DepoCcurt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030
42
1 STATE OF ILLINOIS )
SS.
2 ODUNPY OF KENDALL )
3 I, Nicola Gengler, C.S.R., No. 84 -3780, do
4 hereby certify that the proceedings had in the
5 above - entitled cause were recorded stenographically by
6 me and reduced to typewriting via coiTputer -aided
7 transcription under my personal direction; and that the
8 foregoing is a true and correct transcript of the
9 proceedings had at the time and place previously
10 specified.
1 11 IN WITNESS WHEREOF I have hereunto set my
{ 12 hand this 25th day of June, 2003.
13
14
tidl L Gengler, C.S"R.
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DepoCourt Reporting Service (630) 983 -0030
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YORX610.TXT Page 1
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4 ahead 20:9 bank 24:13 Chicago 13:20
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6 amenities 5:16 21:7; 30:10; 37:12 27:13,16,21; 31:7,9;
-------------------- - - - - -- amenity 36:20 benefit 4:13; 38:5 32:1; 33:7; 37:14; 38:5,
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YORX610.TXT Page 2
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compliance 7:4; 24:19 current 6:15; 17:12 -------------------- - - - - -- 14:9; 16:10; 35:16; 37:18
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complied 21:8 22:24; 31:15 -------------------- - - - - -- five 17:15
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YORK630.TXT Page 3
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June 1:13; 42:12 locate 11:20,21 3:12; 15:11,20; 19:5; 39:19
-------------------- - - - - -- located 10:10; 11:7; 13:20 21:18; 23:10,12,18,20; operate 12:22; 13:15
X location 6:14; 7:14,17; 24:12,23; 26:3,9; 27:7, operating 11:8,13; 21:24;
-------------------- - - - - -- 8:17,24; 9:14 21; 31:9,23; 32:4; 38:8, 22:2,3
KELLY 2:16.5; 3:11 locations 9:16 23; 39:3,8,16; 40:7,10, operation 25:21; 31:22;
KENDALL 1:3; 42:2 long 30:22 12,13,14,16,18,20,21,22, 35:7
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known 11:9; 30:13 lots 7:22; 8:11,12,14 39:18; 40:18,19 ordinance 32:19
YORR610.TXT Page 4
ordinances 6:7 17:1; 19:13,16; 23:4; public 1:7; 3:6; 20:4; requirements 20:3,23;
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21:21; 24:24; 34:20; 26:16; 28:18; 33:10,19; Q reviewed 16:12; 19:5; 29:8
I
1 35:14 36:22; 37:12,17; 38:11 -------------------- - - - - -- revised 31:14
overstory 35:19 pointed 6:8; 30:13 quadrant 6:9 rezone 12:19
own 25:13; 34:5 pointedly 29:6 question 14:1,15; 16:2; rezoned 26:24
owned 8:5; 19:15 points 6:21; 16:11; 20:22; 18:8; 19:4; 20:10,20; rezoning 10:8,15; 11:24;
owner 12:4; 13:12; 17:12, 36:1 21:7,16; 23:10; 26:23; 12:12
21; 18:24; 19:8; 26:23; portion 4:3,8; 6:10,19; 31:20,24; 38:20 Rich 16:1; 20:9
27:6; 33:18,24 8:19; 35:22,23; 36:9,10 questions 14:22; 22:20; RICHARD 2:12
owners 4:6; 10:23; 12:20; possibly 15:17 25:9,10; 29:7; 30:19; ridge 6:20
13:13; 18:12,16; 19:23; potential 28:11 31:3; 37:6,10 rights 21:8; 33:16; 34:9
27:3; 32:22 J POWELL 2:3 quick 17:15 road 1:14; 6:10; 7:12;
-------------------- - - - - -- prepared 4:12 quiet 12:9 15:13
P presence 27:9 -------------------- - - - - -- Rob 23:21
-------------------- - - - - -- Present 2:1; 6:6; 13:5 R roll 40:9
p.m. 1:13 presentation 3:8; 37:4 -------------------- - - - - -- Ron 13:19; 30:12
package 8:21 presenting 7:2; 38:1 raise 21:7 Ronald 10:6
packages 9:14 Preserve 8:5 raised 18:8 room 35:21
packet 35:1 preventing 38:22 rather 12:4; 20:21; 25:11; ROSE 2:13
packets 4:13 previous 29:8 28:14; 39:21 roughly 5:7
paper 20:3 previously 6:20; 42:9 ready 37:17 route 7:11; 9:8; 15:12;
park 5:20; 7:14,15,17; prior 20:4; 29:7 real 13:5 39:17
8:6,13; 16:17 private 19:7; 25:11; 26:4; realize 10:12; 14:9 Roy 23:21
part 6:12; 7:24; 9:4,12; 27:7 realized 11:6 --------------------------
10:20; 12:23; 15:1; 17:1, probably 22:6; 28:13; really 4:1; 8:1; 10:13; 5
10; 21:22,23; 25:13; 31:13; 32:4,23; 33:2; 12:5; 19:12,18; 20:20; --------------------------
26:18; 32:14; 33:12; 38:13 25:8,18; 32:6; 33:20 safety 27:10; 31:20
35:7,19 problems 25:22 reason 7:12; 18:18 same 14:5; 26:17; 28:19
participate 10:18; 13:3; proceed 34:2 recall 29:5 Sandy 5:24; 6:8
21:10 proceedings 1:10; 3:2; receive 33:8 Sanford 3:13
particular 28:23; 30:23 30:18; 41:3; 42:4,9 receiving 38:13 sanitary 16:15,16; 37:4,
party 10:9; 25:13 process 13:4 recently 28:11 18; 38:2
past 3:19; 8:14 PROCHASXA 2:2; 3:5; 9:21; reclaiming 25:3 sat 7:6
patience 37:8 10:1; 14:2,10,16,19; reconstructed 24:4 satisfies 39:4
PAUL 2:8 15:3,5,19,21,24; 16:8; record 6:1; 10:5; 30:24; satisfy 20:2
PC2002 -06 1:8 17:2,24; 18:4; 20:8,14, 34:19,24 saw 10:12; 29:8; 37:11
people 12:21; 13:14; 17; 22:19; 23:11,19; recorded 42:5 saying 27:17; 29:21; 39:10
15:15,18; 19:21; 21:1; 25:6; 26:14; 30:4; 31:5, recreational 8:23; 24:11; says 20:13; 21:22; 23:4
27:15; 31:21; 33:16; 18,24; 33:4,14; 34:14,17; 36:20 scale 6:19
34:15; 39:11 37:9; 38:6; 39:9; 40:2,4, red 6:21 school 5:20; 7:14,16; 8:12
per 7:4 8; 41:2 reduced 42:6 Schoppe 16:13
percent 5:7 produces 27:18 refer 21:20; 34:14 second 12:3; 37:19; 39:8;
perhaps 3:20; 17:6,20; project 6:3; 7:20; 15:14; refinement 3:21 40:7
33:12 31:16; 32:15; 36:2; 38:5 regard 21:7,11; 34:1 seconded 40:8
period 29:9 projects 9:18 regarding 13:6; 28:1 section 8:8
personal 42:7 promise 12:20; 13:13 regional 7:18; 24:9 see 15:17; 21:21; 22:12,
perspective 35:10 promised 13:14 relating 28:5 22; 35:23
pertained 29:19 property 4:4,6,8; 6:11,23; relative 39:23 seeing 4:13
petition 6:12; 18:6 7:8; 8:4; 10:11,20; relay 33:15 seem 12:18; 13:8
petitioner 3:7; 18:5; 11:22,24; 12:4,9,19,20; remember 23:15 seemed 25:16
19:14; 38:15 13:12; 16:14; 18:1,6,10, reminded 28:6 seems 12:13; 13:11; 25:12
petitioner's 31:12 16; 19:1,14,15,23; 20:1; remiss 33:22 seen 10:13; 39:15
phase 35:14 25:14; 26:2; 29:20; remodeling 24:1 seller 30:7
piece 6:14; 36:11,12 32:22; 33:17,24 report 1:10; 30:17 sellers 29:10; 32:13
pile 22:23 proposal 4:2,16,20; 5:7; reporter 13:18; 17:3 set 24:16; 42:11
place 11:1; 26:15; 33:8,9; 9:20; 17:1 representative 3:7 setbacks 35:12
34:11; 38:3; 42:9 proposed 3:16,21; 4:14; representing 3:15 several 3:19; 18:8; 25:11
plain 24:16 10:8; 17:13,14; 18:11 request 34:1,2 sewer 16:15; 37:15,16
plan 3:21; 5:10,11; 6:3,5, protected 34:9; 36:19 requesting 33:13 shape 9:2
6,18; 7:2,3,5,6; 9:7,11; provide 12:8; 16:6,20 require 32:19,20 shed 16:6
10:14,18,20; 11:6,10,21, provided 35:2 required 24:17,20; 38:12, show 5:16; 8:22; 14:7,8
22; 13:7; 14:7; 15:1; provides 5:3 21 showed 23:13
I
YORR610.TXT Page 5
showing 35:17 5,14; 40:22,23 Treasurer 2:3 25:3
shown 6:21; 7:22; 8:16; Sticka -s 21:16 trees 9:2; 35:18,19 whatever 23:21; 27:1;
9:7,11; 22:13; 24:5 still 24:3,6; 26:20; true 42:8 33:8; 36:3
shows 6:15; 7:3; 9:13; 32:14; 33:18 try 14:14; 20:19; 21:4,15 whatsoever 19:10
15:2 storage 24:3 trying 12:6; 21:19; 29:6; whenever 30:23
side 36:8 storm 7:19; 8:20; 24:3,6, 36:7 WHEREOF 42:11
sign 8:21; 9:13,15 10,16,17,20 turning 36:23 whether 26:13
signalized 7:9 straighten 22:6 two 8:22 whiff 25:17
signs 9:14,17 Street 2:15.5; 13:20 type 5:1; 9:17; 13:12; whole 19:16
similar 27:22,24 strong 33:11 32:12,17,18,20,21 whom 5:12
Simply 21:14; 34:6 stuff 24:13 types 5:3 whomever 29:17
since 6:13; 11:10; 19:24; subcommittees 7:7 typewriting 42:6 will 4:21,22; 5:14,15,18;
33:10; 35:10 subdivision 32:19; 36:16, -------------------- - - - - -- 6:6; 7:19; 8:6,7,21; 9:1,
single 4:21 17 U 3,5,11,12,15,16,18; 15:3;
single - family 7:21; 11:6, subject 4:20; 6:8 -------------------- - - - - -- I 16:14,15,17,24; 17:18;
20,21,23; 22:7,12; 23:5; submitted 31:15 ultimately 5:18; 34:22; 21:6,21; 24:3,8,9,10,11,
36:16 substantial 13:16 38:5 14,16,17; 25:1; 26:20;
t Sir 10:4 I subtrunk 38:3 under 7:4; 11:13,15; 12:7; 27:22,24; 29:2; 30:9,16,
site 5:14,20,21; 6:9,18; suggest 11:17; 18:14; 19:20; 42:7 I 17,19; 31:4; 32:11,16,23;
j 1 7:14,15,16; 8:2,3,13 21:13; 27:2; 33:22 understand 17:5; 20:13; 33:1,22; 34:14,15; 35:19;
- sitting 20:18 suggesting 34:5 28:3,9,10; 37:22; 39:10 36:8,9,10,13,17,23; 37:1,
situation 39:14 suggestion 25:17; 34:8 understanding 26:21; 3,4,5,19,24; 38:2,4,13,
size 7:23 sunset 29:9 28:13,18; 35:8 15,18; 39:23
small 9:17; 17:10 supposed 12:8 Undesser 4:7; 6:13; 18:5 WILLIAM 2:3
smarter 21:1 supposedly 20:18 Undessers 6:12; 18:2,15; willing 25:20
smell 27:18 surprised 17:9 19:15,24; 29:17,18; 35:9 wish 16:20
sneaking 28:7 surprising 12:5 unified 8:1 withholding 28:21
softer 24:17 sweep 8:8 unit 4:14; 5:1 within 4:5; 9:2,5,14;
somebody 24:12; 30:1 sweeps 7:8 United 2:17; 3:17 I 15:13
something 3:8; 9:22; sworn 3:11 units 4:21,23,24; 5:5; WITNESS 42:11
18:18,23; 26:6; 27:19; system 7:19; 38:3 7:3,4; 23:13 wonderful 11:2; 34:22
30:6; 33:7; 37:14 -------------------- - - - - -- until 28:7; 29:11; 32:2; words 5:9; 28:20
somewhat 17:8 T 38:3 work 5:16; 8:6; 13:20;
somewhere 20:12; 21:21; -------------------- - - - - -- up 3:24; 7:9; 8:2,12,13, 17:22,23; 30:7,15; 32:13;
23:17 tapered 24:14 15; 10:16; 16:1,11; 33:1; 35:10; 36:4,5;
soon 37:20 tenant 18:19; 19:8,11; 22:24; 25:9; 27:5; 28:7; 38:4,17
sorry 17:4; 19:8; 23:6 27:6; 29:9,24; 30:8; 34:4; 35:5; 36:9 worked 7:1; 17:12; 32:12;
sort 28:17 31:11 updating 37:13 36:3
south 2:15.5; 8:7,17; 9:7; I tenants 26:5 using 24:2 I working 5:14; 6:3; 7:21;
36:7,8,14 term 12:14 -------------------- - - - - -- 27:5
space 5:8,17; 8:4,13,15, terms 6:17; 24:6; 27:2; V worms 39:19
18; 9:5; 14:5; 24:21; 35:11,12; 36:2 -------------------------- --------------------------
25:4; 34:21 testified 16:22 VALERIE 2:7 Y
SPEARS 2:13; 23:10,12,18; testimony 1:10; 14:22; valuable 18:21 --------------------------
40:7,20,21 15:8 variation 8:14 YBSD 37:5; 38:1
special 32:22 themselves 19:23 variety 5:3,4 year 15:14
specific 21:14; 27:1 therefore 4:2; 38:13 various 3:22,23; 16:7 years 6:4; 11:13; 12:2,22;
specifically 6:17; 11:18 thing 17:5; 25:2,7; 27:17; via 42:6 13:15; 20:24; 30:13
specified 42:10 31:5,18; 37:11; 39:9 viable 10:15; 13:9 yellow 6:21
speed 35:6 things 25:24; 27:15; view 26:4 YORKVILLE 1:6,14; 2:16,
spell 4:15 30:21; 31:12; 34:24; 40:1 village 1:8; 3:17; 8:13 17.5; 3:18
spine 36:19 third 5:8 violated 21:9 Yorkville - Bristol 16:16
spoken 24:9 though 30:10; 31:19 violating 33:24 yourselves 29:14
square 7:23; 8:11,15; three 7:22; 15:12 visible 21:20 --------------------------
23:3,12 three -acre 36:12 visitors 10:2 Z
SS 1:2.5; 42:1.5 today 18:22 voted 11:3 --------------------------
staff 3:22; 6:4; 16:12; together 5:17; 17:21; -------------------- - - - - -- zoned 18:2,6
25:10; 36:4; 37:23; 38:1 29:10; 30:16; 37:20 W zoning 7:24; 11:13; 13:6,
stake 34:12 tonight 6:6,13; 7:2; 14:9; -------------------- - - - - -- 13; 22:5; 32:18,21
standpoint 36:6 20:20; 29:7,12 wait 33:2 --------------------------
stars 6:22 top 11:7,23; 14:4; 20:13, walk 34:6 _
start 39:12,13 16,18; 22:7,9,11,12,15; WANDA 2:11 --------------------------
state 1:2; 10:4; 15:10; 23:5,6,7,9,16 wandering 24:24 -
19:21; 32:10; 38:10; 42:1 topic 29:2 wanted 13:23; 20:9,12; 42:14
statement 18:1 topics 30:20 23:8; 34:18; 37:12
statements 10:3 total 4:20 waste 37:4; 38:3
Statute 19:21; 38:11 totally 17:9; 23:22 water 7:19; 8:20; 24:3,6,
steepness 24:13 touching 23:23 10,16,18,20
STEIN 3:9,13; 9:23; 16:5, townhome 4:23 way 13:3; 30:10,16; 34:11
10; 17:4,18; 28:4; 30:9; townhouse 36:17 week 10:23
34:19; 36:21; 37:3,22; townhouses 8:23 weeks 3:20
39:21 traffic 15:16; 16:11,21, welcome 22:17
stenographically 42:5 23,24; 36:21,22,24 welfare 27:11
STICK 20:16 trail 7:18; 24:9; 35:17 well - articulated 5:10
STICXA 2:12; 14:1,3,18; transcribed 3:4; 41:5 west 31:22
20:11; 22:9,16; 25:7,16; transcript 42:8 WESTBURY 1:8; 3:17
26:7,12; 27:14; 28:2,4; transcription 42:7 Westlake 6:11
29:13; 30:2; 38:20; 39:1, transmission 37:16,19 wetlands 7:19; 24:4,10;