Loading...
City Council Minutes 2003 07-08-03 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, JULY 8, 2003. i City Clerk Milschewski called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. Clerk Milschewski explained that Mayor Prochaska was out of town. She requested a motion to appoint Alderman Sticka as Mayor Pro Tem. So moved by Alderman Besco; seconded by Alderman Kot. Motion approved by a viva voce vote. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward H Burd Absent Kot Present Ward III Mums Present Ohare Present Ward IV Besco Present Spears Absent Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City Attorney Dan Kramer, Police Chief Harold Martin, Executive Director of Parks & Recreation Brown and Director of Public Works Eric Dhuse and Finance Director Traci Pleckham. OUORUM A quorum was established INTRODUCTION OF GUESTS Mayor Pro Tem Sticka welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Administrator Graff noted that Item #2 under the Economic Development Committee Report should be continued until the next City Council meeting and Item #1 under the Consent Agenda should authorize the Mayor and City Clerk to execute the agreement upon legal review. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, July 28, 2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, July 17, 2003 City of Yorkville Conference Room 800 Game Farm Road Mayor Pro Tem Sticka noted that the Economic Development Committee meeting may be changed to July 21, 2003 or the meeting may be cancelled. - - Administration Committee Cancelled Public Safety Committee 6:30 P.M., Thursday, July 24, 2003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M., Wednesday, July 23, 3003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Tourism Committee 6:30 P.M., Monday, August 18, 3003 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the Citv Council — July 8, 2003 - uaee 2 PUBLIC HEARINGS Mayor Pro Tern Sticka entertained a motion to go into public hearings for: 1. Special Service Area Number 2003 -100 Raintree Village (f/n/a The Highlands). 2. Special Service Area Number 2003 -101 Windett Ridge. 3. PC 2002 -27 Fisher Property: Kimball Hill Homes request to annex to the United City of Yorkville and rezone from Kendall County A -1 Agricultural to United City of Yorkville R -2 One - Family Residence District. The real property consists of approximately 300 acres at the northwest corner of Cannonball Trail and Faxon Road, Bristol Township, Kendall County, Illinois. 4. PC 2002 -10 Hopkins Corner: Walter Morrissey, petitioner, requests to annex and rezone from Kendall County A -1 Agricultural to United City of Yorkville R -4 General Residence District and United City of Yorkville B -3 Service Business District with a Planned Unit Development. The real property consists of approximately 37.4 acres and is located at the northwest corner of Greenbriar Road and Illinois Route 47, Yorkville, Illinois. So moved by Alderman James; seconded by Alderman Kot. i Motion approved by a roll call vote. Ayes -6 Nays -0 Ohare -aye, Besco -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye City Attorney Dan Kramer noted that Mayor Pro Tern Sticka did not need to be included in the vote. Special Service Area Number 2003 -100 Raintree Village (f/n/a The Highlands) Special Service Area Number 2003 -101 Windett Ridge City Attorney Dan Kramer stated that these two projects were going to have bonds issued for the creation of the Special Service Areas (SSA). The public hearing is notice of intent to establish the SSAs and the ordinances will be passed as soon as the actual costs have been determined. These will be active SSAs. There were no public comments. There were no comments from the Council. PC 2002 -27 Fisher Property PC 2002 -10 Hopkins Corner 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 Pro Tern Sticka entertained a motion to close the public hearings. So moved by Alderman Besco; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -5 Nays -0 Besco -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye CITIZEN COMMENTS None PRESENTATIONS None CONSENT AGENDA 1. Heartland Circle Development Agreement - Authorize Mayor and City Clerk to execute upon legal review - -- 2. CorLands Lease Donation Agreement — Authorize Mayor to execute 3. Apple Tree Court Roadway and Utility Improvements — Award contract to S&K Excavating & Trucking, Inc. in an amount not to exceed $84,111.92 4. 2003 Asphalt Surface Treatment - award contract to Boecker Road Maintenance, Inc. in an amount not to exceed $31,917.42 5. 2003 Public Sidewalk Repairs - Award contract to R.A. Ubert Construction in an amount not to exceed $39,423.75 6. Liberty Street Water Main - Award contract to Vian Construction in an amount not to exceed $399,513.60 7. Approve Request for two Maintenance Worker I Employees for Public Works 8. Ordinance 2003 -36 - Amending City Code for R -4 General Residence District (Building Height Requirement) District - Authorize Mayor and City Clerk to execute 9. Building Permit Report for May 2003 The Minutes of the Regular Meeting of the Citv Council - July 8, 2003 - page 3 10. Ordinance 3003 -37 — Amending City Code for Historic Preservation of Structures within R -1 One - Family Residence District - Authorize Mayor and City Clerk to execute 11. Monthly Police Reports for May 2003 12. Increase Police Department Petty Cash to $500.00 13. Acceptance of Grande reserve Fiscal Impact Analysis 14. Ordinance 2003 -38 — Modifying The Highlands name to Raintree Village - Authorize Mayor and City Clerk to execute 15. Troy & Banks Utility Audit Proposal - Authorize Mayor to execute A motion was made by Alderman Kot to approve the Consent Agenda as presented with one amendment to Item #1 — Heartland Circle Development Agreement — authorize Mayor and City Clerk to execute upon legal review; seconded by Alderman James. Motion approved by a roll call vote. Ayes -5 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. I MINUTES FOR APPROVAL Mayor Pro Tern Sticka entertained a motion to approve the minutes of the City Council meeting from June 10, 2003 and minutes of the Committee of the Whole meeting of March 18, 2003. So moved by Alderman Kot; seconded by Alderman Munns. Motion approved by a viva voce vote. I BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 7, 2003 totaling the following amounts: checks in the amount of $393,772.56 (vendor) and $116,074.32 (payroll period ending 06/28/03) for a total of $509,846.88; seconded by Alderman Kot. - - Motion approved by a roll call vote. Ayes -5 Nays -0 Besco -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye i REPORTS MAYOR'S REPORT Water Conservation Mayor Pro Tern Sticka reported that Director of Public Works Dhuse has asked that until the City passes the Water Conservation Ordinance citizens would voluntarily observe restrictions on lawn watering. He asked that residents follow the same format that is being proposed in the ordinance; odd number addresses water on odd number days and even number addresses water on even number days. The hours for watering are 5:00 to 9:00 A.M. and 7:00 to 11:00 P.M. Mayor Pro Tern Sticka noted that this would also be a good test for the future ordinance and citizen's comments and/or questions on the program are welcomed. Special Brush Pick -up Mayor Pro Tem Sticka announced that there will be a special brush pick -up for storm debris on July 9 and 11, 2003. The regular brush pick -up is scheduled for the last full week of August. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT City Clerk Milschewski, on behalf of Mayor Prochaska, thanked the Public Works Department for putting together the Fourth of July float for the City Council. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Meeting Locations Administrator Graff reported that the July 9, 2003 Plan Commission and the July 15, 2003 Committee of the Whole meetings were going to be held at the Beecher Community Center. The Minutes of the ReLyular Meetine of the Citv Council - July 8. 2003 - Wee 4 Street Rehab Administrator Graff reported that Smith Engineering has completed the preliminary draft of the street rehabilitation report including the additional streets. The report will be before the Public Works Committee in July and the City Council in August. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Public Works Director Eric Dhuse thanked the Public Works Department for their work preparing for the Fourth of July which along with the float included restriping Game Farm Road and hanging flags. He also thanked the Parks Department for their preparation of Town Square Park. CHIEF OF POLICE REPORT Chief Martin reported that the Citizens Police Academy classes were starting tonight at Yorkville High School. Fourteen people were enrolled for a thirteen week course. Anyone interested was invited to attend. The next class is scheduled for the fall. EXECUTIVE DIRECTOR OF PARKS & RECREATION No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinance) 2003 -39 Authorizing the Annexation of the Wurst Property A motion was made by Alderwoman Ohare to approve an ordinance annexing properties to the United City of Yorkville, Kendall County, Illinois known as the Wurst property, seconded by Alderman James. I City Attorney Dan Kramer explained that this property is located on Cannonball Trail and is an E -1 or estate zoning. Motion approved by a roll call vote. Ayes -5 Nays -0 j Mums -aye, Ohare -aye, Besco -aye, James -aye, Kot -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None EXECUTIVE SESSION None ADJOURNMENT Mayor Pro Tem Sticka entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 7:29 P.M. Minutes submitted by: �_ue Milsch ski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING July 8, 2003 PLEASE PRINT NAME: 1 ADDRESS: aAL# � a u R_s/��q 4 /p try u e /J -pt o c i o f SIGNIN STATE OF ILLINOIS ) SS: COUNTY OF KENDALL ) BEFORE THE YORKVILLE CITY COUNCIL PUBLIC HEARING PC2002 -27 and PC2002 -10 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 July 8, 2003, at the hour of 7:00 p.m., at 908 Game Farm Road, Yorkville, Illinois. D- 658503 REPO • COURT 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 MR. RICHARD STICKA, Mayor Pro Tem; 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 MR. STICKA: Okay. The third one, 6 MR. JOSEPH BESOD, Alderman; 6 PC2002 -27, Kimball Hill Homes. 7 MR. PAUL JAMES, Alderman; 7 Is there anyone here that would like 8 MR. LARRY KOT, Alderman; 8 to address the Council on that issue? 9 MR. MARTY MUNNS, Alderman; 9 MR. PHILIPCHUCK: Yes. Good evening. My 10 MS. WANDA OHARE, A1derwoman; 10 name is John Philipchuck. I am an attorney with the 11 and 11 law firm of Dortmermuth, Brestal, CObine & West. That 12 LAW OFFICES OF DANIEL J. KRAMER 12 is at 111 West Downer Place, Aurora, Illinois. 1107A South Bridge Street 13 Yorkville, Illinois 60560 13 1 am here this evening on behalf of BY: MR. DANIEL J. KRAMER, 14 appeared on behalf of The United City of 14 Kimball Hill Homes there, the contract purchasers of Yorkville. 15 15 the property. We are requesting an annexation 16 16 agreement with the City of Yorkville. 17 17 We are proposing to develop property 18 18 that is currently owned by Gail Fisher, Gary Conover, 19 19 and Diane Conover, John Lies and Dolores Lies. The 20 20 property is located south of the Burlington Northern 21 21 Railroad north of Faxon Road and west of Route 47. 22 22 The property consists of 23 23 approximately 300 acres. We are proposing 450 24 24 single- family detached homes to be built on the DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 I 4 5 1 property. It includes a large school park site that 1 included, as they said, a desire to have an increased 2 would be combined for an elementary school site within 2 lot width along Cannonball Trail that would have the 3 the approximate center of the development. 3 same lot width as in Kylyn's Ridge, and that is the 4 You can see that it has a 4 ones facing Cannonball. That is the one I am here to 5 considerable amount of open space as part of the 5 support. 6 proposal. The annexation agreement is asking for R -2 6 It would be more compatible with 7 single - family zoning. We are requesting no 7 everything that is already along Cannonball Trail. As 8 modifications if you will from the zoning and 8 you are aware, lots along the east side of Cannonball 9 subdivision regulations of the City; and as part of the 9 Trail are an acre or more, multi -acre. if there were 10 annexation agreement, we are agreeing to the school 10 wider lots that backed up at least to Cannonball Trail, 11 transition fees, City development fee, et cetera. 11 perhaps it would be more cmrpatible if it could be done 12 So at this time, we are happy to be 12 as they did for Kylyn's Ridge, wider lots backed up to 13 at this stage in the development process; and we have 13 Cannonball Trail with a large berm which was a lot more 14 received a favorable recommendation from the Planning 14 esthetically pleasing. Plus the people who live on the 15 Commission; and we would hope that the City Council 15 east side there if there is a large berm, whatever, 16 would concur as we move through the process to refine 16 people might put in the backyards the sheds and the 17 the terms of the annexation agreement. 17 pools, whatever. That has I think worked well for 18 MR. STICKA: Is there anyone else? Please. 18 Kylyn's Ridge. We don't see that. You see the large 19 MS. PRICE: I am Martha Price. I am here 19 berm. 20 to support the motion that was made by the Plan 20 As I said, I am here to support what 21 Commission about the annexation and rezoning of this 21 the Plan Commission reccmmended, that the rezoning be 22 property we are talking about, the Fisher property. 22 done, but that wider lots be along Cannonball Trail. 23 When the Plan Commission moved to 23 Also, that motion was passed unanimously by the Plan 24 annex and rezone this property, their motion also 24 Commission which I am sure you have seen in the DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 6 7 1 minutes. Thank you. 1 Cannonball, and I am not absolutely sure that it wound 2 MR. STICKA: Is there anyone else? 2 up being -- 3 (No response.) 3 MR. STICKA: I believe that the lots in 4 MR. STICKA: Does anyone on the Council 4 Kylyn's Ridge, the ones you are referring to that back a 5 want to refer to that one? 5 up to Cannonball, are the same width as these lots but 6 (No response.) 6 they are deeper. They are deeper lots, but they are 7 MR. STICKA: I just wonder if I can ask a 7 the same width. 8 question. What is your understanding of which 8 MS. PRICE: Which lots are deeper? 9 dimension of the lot is the width? 9 MR. STICKA: The ones in Kylyn's Ridge, the 10 MS. PRICE: I am not really sure. It is 10 ones that have the berm, the existing ones. Those are 11 whatever was done in Kylyn's Ridge. I am not sure 11 deeper lots, but I believe their width is essentially 12 because there was a lot of discussion about that, and I 12 the same. I couldn't say if it is right -- 13 am not sure where actually it was resolved, but 13 MS. PRICE: I think they are wider. I 14 Mr. Schoppe had at one point during the Plan Commission 14 think they wound up being wider but, again, I am sorry. 15 meeting said they would look into what had been 15 I should have looked that up in the minutes. 16 acquired in Kylyn's Ridge and perhaps they would 16 MR. STICKA: It becomes one of the semantic 17 recommend that for this as well. So whatever that is, 17 discussions that people demanded the lots be the same 18 and I am sorry. I should have looked that up, but I 18 width as the other lots, and I couldn't tell you for 19 don't know. 19 sure if they are or not, but I imagine they are very 20 MR. STICKA: I am sure you have an image in 20 close. As far as their depth is concerned, I believe 21 your mind of what it is you are trying to ask for. 21 they are different. 22 MS. PRICE: What we have originally -- when 22 MS. PRICE: Well, I guess we are not 23 Kylyn's Ridge had originally been approved, we had 23 concerned about the depth. I know it's been an issue 24 asked for at least half -acre lot to back up to 24 before. DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 8 9 1 MR. STICKA: Actually I think it is the 1 MR. STICKA: m you know what width -- 2 depth you are concerned about. 2 MR. YOUNG: I can tell you just a second 3 MS. PRICE: No. It is the width along 3 exactly what the widths are. 4 Cannonball Trail. 4 MR. STICKA: Sure. Go ahead. 5 MR. STICKA: Is it? Okay. 5 MR. YOUNG: I don't know if anybody has an 6 MS. PRICE: Yes. 6 engineering scale with them here tonight, but it 7 MR. STICKA: If that is your concern, I 7 doesn't say exactly. 8 believe that that is not -- I believe 8 MR. STICKA: Let's say this, from the 9 Mr. Philipchuck -- 9 development -- 10 MR. PHILIPCHUCK: Yes. Mr. Young has 10 MR. YOUNG: There was a lot -- I know for a 11 arrived who is with Kimball Hill Haines. He will 11 fact there was a lot pulled out of that sequence along 12 address that issue. 12 that -- 13 MR. YOUNG: I apologize for being late. 13 MR. STICKA: In order to widen -- 14 Richard Young on behalf of the land acquisition for 14 MR. YOUNG: In order to widen all those 15 Kimball Hill Homes. 15 lots. 16 The lots that do back up to 16 MR. STICKA: If that turns out to be the 17 Cannonball were widened since the time we had a concept 17 case -- 18 plan. They are actually as I understand it wider than 18 MR. YOUNG: They are at least as wide as 19 the ones that are in Kylyn's Ridge that back up to 19 the ones that back up to Cannonball from Kylyn's Ridge, 20 Cannonball now. 20 if not wider. 21 When we went back and looked at 21 MR. STICKA: We are sure the City staff 22 Kylyn's Ridge subdivision plat, I think the lots were 22 observed that. I would like to conform to that as the 23 80 feet wide; and we are wider than that now with what 23 Plan owndssion has recomrended. 24 we have with Cannonball. 24 MR. KRAMER: Just so the public is aware, DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 10 11 1 we are not voting on preliminary or final plat tonight. 1 Route 47 that hopefully open up some commercial 2 It is just the annexation and zoning issue that we are 2 opportunities for us on the south side of town on 3 taking camment on the actual annexation agreement. It 3 Route 47. We had a prior petition. We had a purchaser 4 does go back to Planning Commission for preliminary and 4 of the property sometime ago that tabled the petition 5 final plat approval, and it does go to the next Council 5 and then backed out of the transaction, and 6 meeting for recommendation for approval of the 6 Mr. Morrissey came to staff and asked if we could go 7 annexation agreement. 7 ahead and annex at this time. 8 MR. STICKA: All right. If there is 8 Frankly we had encouraged him two 9 nothing further on that, we will go to the next public 9 years ago because we thought it would be a valuable 10 hearing, PC2002 -10, Hopkins Corner. 10 piece of property to have in the City. The front 11 MR. KRAMER: That one I don't see anybody 11 portion of the property was seeking B -3 commercial and 12 here from the petitioner's side tonight. Basically 12 then R -4 attached in the rear of the property that 13 that property sits just adjacent to the Greenbriar 13 would be very similar to what has been done along 47. 14 entrance on the west side of Route 47 just to the north 14 We have tendered a proposed 15 of it. 15 annexation, planned unit development, and we are happy 16 Mr. Morrissey's family has owned 16 to take any comments on that tonight. Again, there 17 this 37.4 acre parcel frankly longer than any of us 17 would be no final action tonight. 18 have been associated with the City. Basically we went 18 MS. TRUSHEIM: I just want to be clear on 19 to Mr. Morrissey, and I think probably the only people 19 what you are saying. 20 that will remember it would be J.T. who is now retired 20 There is no developer? The City 21 and myself. 21 wants to annex the property and there is no developer 22 Back many years ago, he gave us at 22 at this point? 23 no charge his easements for the sanitary sewer and 23 MR. KRAMER: Correct. The owner -- 24 water extensions that now serve the businesses along 24 actually we are not forcing annexation. He is just De urt Reporting Service (630) 983 -0030 De 1�o Po 9 poCourt Reporting Service (630) 983 -0030 � 12 13 1 going ahead with it at this time. 1 MR. KRAMER: Thank you. Fair enough. 2 MS. TRUSHEIM: Does it make it easier for 2 MR. STICKA: Yes, sir? 3 him to sell it if it is annexed? Is that the idea? 3 MR. SCHERER: What is the R -4 residency? 4 MR. KRAMER: I would think it would. Any 4 What is that R -4 residency? 5 time you have got property that is in title, in other 5 MR. KRAMER: It would be an attached type 6 words, that you now know what can actually be built on 6 dwelling much like the townhouses to the southwest of 7 or what is qualified, it does make it generally easier 7 you that has been developed there, that type of general 8 to sell. 8 housing. 9 Again, like with the last public 9 MS. MILSCHEWSKI: Can we have your name and 10 hearing you heard whoever brought it -- or if 10 address. 11 Mr. Morrissey's family decided to develop it 11 MR. SCHERER: Franz Scherer, S- C- H- E- R -E -R. 12 themselves, they would actually have to go through a 12 I am at 1588 Walsh Drive. 13 preliminary plat and final plat process and go through 13 MR. STICKA: Thank you. Anyone else? 14 all the procedures. 14 (No response.) 15 MS. MILSCHEWSKI: Could you state your 15 MR. STICKA: Anyone on Council? 16 name. 16 (No response.) 17 MS. TRDSHEIM: I am sorry. My name is Kay 17 MR. STICKA: If there are no further 18 Trusheim. 18 comrents, I would ask for a motion to close the public 19 MR. KRAMER: Can you spell that for the 19 hearing. 20 benefit of the reporter and give us your address, 20 MR. BESW: So moved. 21 please. 21 MR. MUNNS: Second. 22 MS. TRUSHEIM: Yes, T- R- U- S- H- E -I -M. The 22 MR. STICKA: Call the roll, please. 23 address is 1594 Walsh Drive. I back up to the 23 MS. MILSCHEWSKI: Besco? 24 property. That is why I wanted to know. 24 MR. BESOD: Aye. DepoCourt Reporting Service (630) 983 -0030 DepcCourt Reporting Service (630) 983 -0030 14 15 1 MS. MIISCHEWSKI: James? 1 STATE OF ILLINOIS ) ) SS. 2 MR. JAMES: Aye. 2 COUNTY OF KENDAIL ) 3 MS. MILSCHEWSKI: Kot? 3 I, Nicola Gengler, C.S.R., No. 84 -3780, do 4 MR. KOT: Aye. 4 hereby certify that the proceedings had in the 5 MS. MILSCHEWSKI: Mums? 5 above- entitled cause were recorded stenographically by 6 MR. MUNNS: Aye. 6 me and reduced to typewriting via muter -aided 7 MS. MILSCHEWSKI: Ohare? 7 transcription under my personal direction; and that the 8 MS. OHARE: Aye. 8 foregoing is a true and correct transcript of the 9 MR. STICKA: Okay. 9 proceedings had at the time and place previously 10 (Proceedings were then had 10 specified. i 11 which are not herein 11 IN WITNESS WHEREOF I have hereunto set my 12 transcribed.) 12 hand this 16th day of July, 2003. 13 * * * * * 13 ` 14 14 _ Nicola Gengler, C.S.R. 15 15 16 16 17 17 18 18 19 19 20 20 I 21 21 22 22 23 23 24 24 DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 ! YORK78.TXT Page 1 -------------------- - - - - -- appeared 2:14 currently 3:18 Gary 3:18 * approval 10:5,6 -------------------- - - - - -- gave 10:22 -------------------------- approved 6:23 D general 13:7 * 14:13 approximate 4:3 -------------------- - - - - -- generally 12:7 - ------------------------- approximately 3:23 D- 658503 1:20 Gengler 1:15; 15:3,14.5 1 arrived 8:11 I DANIEL 2:12,13.5 give 12:20 -------------------- - - - - -- associated 10:18 day 15:12 got 12:5 1107A 2:12.5 attached 11:12; 13:5 decided 12:11 GRAFF 2:4 111 3:12 Aurora 3:12 deeper 7:6,8,11 Greenbriar 10:13 1588 13:12 aware 5:8; 9:24 demanded 7:17 guess 7:22 1594 12:23 Aye 13:24; 14:2,4,6,8 depth 7:20,23; 8:2 -------------------------- 16th 15:12 -------------------- - - - - -- desire 5:1 I H - ----- ---- ---- ------ - - - - -- B detached 3:24 2 -- ------------------ - - - - -- develop 3:17; 12:11 half -acre 6:24 -------------------- - - - - -- B -3 11:11 developed 13:7 hand 15:12 ! 2003 1:16; 15:12 back 6:24; 7:4; 8:16,19, developer 11:20,21 happy 4:12; 11:15 -------------------- - - - - -- 21; 9:19; 10:4,22; 12:23 development 4:3,11,13; heard 12:10 3 backed 5:10,12; 11:5 9:9; 11:15 I hearing 1:8,14; 10:10; -------------------- - - - - -- backyards 5:16 Diane 3:19 12:10; 13:19 300 3:23 Basically 10:12,18 different 7:21 hereby 15:4 37.4 10:17 becomes 7:16 dimension 6:9 herein 3:3; 14:11 -------------------- - - - - -- behalf 2:14; 3:13; 8:14 direction 15:7 hereunto 15:11 4 believe 7:3,11,20; 8:8 discussion 6:12 I Hill 3:6,14; 8:11,15 -------------------- - - - - -- benefit 12:20 discussions 7:17 homes 3:6,14,24; 8:11,15 450 3:23 I berm 5:13,15,19; 7:10 Dolores 3:19 hope 4:15 47 3:21; 10:14; 11:1,3,13 BESCO 2:6; 13:20,23,24 Dommermuth 3:11 hopefully 11:1 -------------------- - - - - -- Brestal 3:11 done 5:11,22; 6:11; 11:13 Hopkins 10:10 6 Bridge 2:12.5 Downer 3:12 hour 1:16 -------------------- - - - - -- brought 12:10 Drive 12:23; 13:12 housing 13:8 60560 2:13 built 3:24; 12:6 during 6:14 -------------------------- -------------------- - - - - -- Burlington 3:20 dwelling 13:6 I 7 businesses 10:24 ------------------ -------- -------------------------- --------- ----------- - -- - -- --- -- --------------------- E idea 12:3 7:00 1:16 C -------------------- - - - - -- ILLINOIS 1:3,17; 2:13; ------ ----------- --------- - -- ---- ----------- --- ----- easements 10:23 3:12; 15:1 8 C.S.R 15:14.5 easier 12:2,7 image 6:20 -------------------- - - - - -- C.S.R. 1:15; 15:3 east 5:8,15 imagine 7:19 8 1:16 Call 13:22 elementary 4:2 included 5 :1 80 8:23 came 11:6 encouraged 11:8 includes 4:1 84 -3780 1:15; 15:3 Cannonball 5:2,4,7,8,10, engineering 9:6 increased 5:1 -------------------- - - - - -- 13,22; 7:1,5; 8:4,17,20, enough 13:1 issue 3:8; 7:23; 8:12; 9 24; 9:19 entrance 10:14 10:2 ------ --- --------- -------- case 9:17 essentially 7:11 -------------------------- 908 1:16 cause 15:5 esthetically 5:14 J -------------------- - - - - -- center 4:3 at 4 :11 -------------------------- A certify 15:4 evening 3:9,13 J.T. 10:20 --- ----------------- - - - - -- cetera 4:11 everything 5:7 JACKIE 2:5 above- entitled 1:14; 15:5 charge 10:23 exactly 9:3,7 JAMES 2:7; 14:1,2 absolutely 7:1 CITY 1:7; 2:3,4,5,14; existing 7:10 John 3:10,19 acquired 6:16 3:16; 4:9,11,15; 9:21; extensions 10:24 JOSEPH 2:6 acquisition 8:14 10:18; 11:10,20 -------------------- - - - - -- I July 1:16; 15:12 acre 5:9; 10:17 clear 11:18 F I -------------------------- acres 3:23 Clerk 2:5 -------------------- - - - - -- K action 11:17 close 7:20; 13:18 facing 5 :4 -------------------------- actual 10:3 Cobine 3:11 fact 9:11 Ray 12:17 actually 6:13; 8:1,18; combined 4:2 Fair 13:1 KENDALL 1:4; 15:2 11:24; 12:6,12 comment 10:3 family 10:16; 12:11 Kimball 3:6,14; 8:11,15 address 3:8; 8:12; 12:20, comments 11:16; 13:18 far 7:20 ROT 2:8; 14:3,4 23; 13:10 commercial 11:1,11 Farm 1:17 KRAMER 2:12,13.5; 9:24; adjacent 10:13 Commission 4:15,21,23; favorable 4:14 10:11; 11:23; 12:4,19; Administrator 2:4 5:21,24; 6:14; 9:23; 10:4 Faxon 3:21 13:1,5 ago 10:22; 11:4,9 compatible 5:6,11 fee 4:11 Kylyn's 5:3,12,18; 6:11, agreeing 4:10 computer -aided 15 :6 fees 4:11 16,23; 7:4,9; 8:19,22; agreement 3:16; 4:6,10,17; concept 8:17 feet 8:23 9:19 10:3,7 concern 8:7 final 10:1,5; 11:17; 12:13 -------------------------- ahead 9:4; 11:7; 12:1 concerned 7:20,23; 8:2 firm 3:11 L Alderman 2:6,7,8,9 concur 4:16 Fisher 3:18; 4:22 -------------------------- Alderwoman 2:10 conform 9:22 forcing 11:24 land 8:14 Allegiance 3:1 Conover 3:18,19 foregoing 15:8 large 4:1; 5:13,15,18 already 5:7 considerable 4:5 frankly 10:17; 11:8 LARRY 2:8 amount 4:5 consists 3:22 I Franz 13:11 last 12:9 annex 4:24; 11:7,21 contract 3:14 front 11:10 late 8:13 annexation 3:15; 4:6,10, ( Corner 10:10 further 10:9; 13:17 law 2:12; 3:11 17,21; 10:2,3,7; 11:15,24 correct 11:23; 15:8 -------------------- - - - - -- least 5:10; 6:24; 9:18 annexed 12:3 couldn't 7:12,18 G Lies 3:19 ANTON 2:4 COUNCIL 1:7; 3:8; 4:15; -------------------- - - - - -- I live 5:14 anybody 9:5; 10:11 6:4; 10:5; 13:15 Gail 3:18 located 3:20 apologize 8:13 COUNTY 1:4; 15:2 Game 1:16 longer 10:17 YORK78.TXT Page 2 look 6:15 people 5:14,16; 7:17; rezoning 4:21; 5:21 transcription 15:7 looked 6:18; 7:15; 8:21 10:19 RICHARD 2:2; 8:14 transition 4:11 lot 5:2,3,13; 6:9,12,24; perhaps 5:11; 6:16 Ridge 5:3,12,18; 6:11,16, Treasurer 2:3 9:10,11 personal 15:7 23; 7:4,9; 8:19,22; 9:19 true 15:8 lots 5:8,10,12,22; 7:3,5, petition 11:3,4 Road 1:17; 3:21 TRUSHEIM 11:18; 12:2,17, 6,8,11,17,18; 8:16,22; petitioners 10:12 roll 13:22 18,22 9:15 PHILIPCHUCK 3:9,10; 8:9,10 Route 3:21; 10:14; 11:1,3 trying 6:21 -- -- -------- ------ ------ -- piece 11:10 ------- --------- ---- - -- --- turns 9:16 M place 3:12; 15:9 S two 11:8 -------------------------- plan 4:20,23; 5:21,23; --- --------------- -------- type 13:5,7 made 4:20 6:14; 8:18; 9:23 S- C- H- E -R -E -R 13:11 typewriting 15:6 many 10:22 planned 11:15 same 5:3; 7:5,7,12,17 -------------------------- Martha 4:19 Planning 4:14; 10:4 sanitary 10:23 U MARTY 2:9 plat 8:22; 10:1,5; 12:13 saying 11:19 -------------------------- matter 1:14 please 4:18; 12:21; 13:22 scale 9:6 unanimously 5:23 ! _ Mayor 2:2 pleasing 5:14 SCHERER 13:3,11 under 15:7 meeting 6:15; 10:6 Pledge 3:1 school 4:1,2,10 understand 8:18 might 5:16 Plus 5:14 Schoppe 6:14 understanding 6:8 MILSCHEWSKI 2:5; 12:15; point 6:14; 11:22 second 9:2; 13:21 unit 11:15 13:9,23; 14:1,3,5,7 pools 5:17 see 4:4; 5:18; 10:11 United 2:14 mind 6:21 portion 11:11 seeking 11:11 up 5:10,12; 6:18,24; 7:2, minutes 6:1; 7:15 POWELL 2:3 seen 5:24 5,14,15; 8:16,19; 9:19; modifications 4:8 preliminary 10:1,4; 12:13 sell 12:3,8 11:1; 12:23 Morrissey 10:19; 11:6 PRESENT 2:1 semantic 7:16 -------------------------- Morrissey -s 10:16; 12:11 previously 15:9 sequence 9:11 V motion 4:20,24; 5:23; PRICE 4:19; 6:10,22; 7:8, serve 10:24 -------------------------- 13:18 13,22; 8:3,6 set 15:11 valuable 11:9 move 4:16 J prior 11:3 sewer 10:23 via 15:6 moved 4:23; 13:20 Pro 2:2 sheds 5:16 voting 10:1 MS. 2:5,10; 4:19; 6:10,22; probably 10:19 side 5:8,15; 10:12,14; ( -------------------------- 7:8,13,22; 8:3,6; 11:18; procedures 12:14 11:2 W 12:2,15,17,22; 13:9,23; proceedings 1:13; 3:2; similar 11:13 -------------------------- 14:1,3,5,7,8 14:10; 15:4,9 since 8:17 Walsh 12:23; 13:12 much 13:6 process 4:13,16; 12:13 single - family 3:24; 4:7 WANDA 2:10 multi -acre 5:9 property 3:15,17,20,22; Sir 13:2 wanted 12:24 MUNNS 2:9; 13:21; 14:5,6 4:1,22,24; 10:13; 11:4, site 4:1,2 wants 11:21 myself 10:21 10,11,12,21; 12:5,24 sits 10:13 water 10:24 -------------------- - - - - -- proposal 4:6 sometime 11:4 west 3:11,12,21; 10:14 N proposed 11:14 sorry 6:18; 7:14; 12:17 whatever 5:15,17; 6:11,17 -------------------- - - - - -- proposing 3:17,23 south 2:12.5; 3:20; 11:2 WHEREOF 15:11 name 3:10; 12:16,17; 13:9 public 1:8; 9:24; 10:9; southwest 13:6 whoever 12:10 next 10:5,9 12:9; 13:18 space 4:5 wide 8:23; 9:18 Nicola 1:15; 15:3,14.5 pulled 9:11 specified 15:10 widen 9:13,14 No. 1:15; 15:3 purchaser 11:3 spell 12:19 widened 8:17 north 3:21; 10:14 purchasers 3:14 SS 1:3.5; 15:1.5 wider 5:10,12,22; 7:13,14; Northern 3:20 put 5:16 staff 9:21; 11:6 8:18,23; 9:20 nothing 10:9 -------------------- - - - - -- stage 4:13 width 5:2,3; 6:9; 7:5,7, -------------------- - - - - -- 4 state 1:3; 12:15; 15:1 11,18; 8:3; 9:1 O -------------------- - - - - -- stenographically 15:5 widths 9:3 -------------------- - - - - -- qualified 12:7 STICKA 2:2; 3:5; 4:18; will 4:8; 8:11; 10:9,20 observed 9:22 question 6:8 6:2,4,7,20; 7:3,9,16; WILLIAM 2:3 OFFICES 2:12 -------------------- - - - - -- 8:1,5,7; 9:1,4,8,13,16, within 4:2 OHARE 2:10; 14:7,8 R 21; 10:8; 13:2,13,15,17, WITNESS 15:11 Okay 3:5; 8:5; 14:9 -------------------- - - - - -- 22; 14:9 wonder 6:7 one 3:5; 5:4; 6:5,14; R -2 4:6 Street 2:12.5 words 12:6 7:16; 10:11 R -4 11:12; 13:3,4 subdivision 4:9; 8:22 worked 5:17 ones 5:4; 7:4,9,10; 8:19; Railroad 3:21 support 4:20; 5:5,20 wound 7:1,14 9:19 really 6:10 ----- ----------- ---- ------ -------------------------- only 10:19 rear 11:12 T Y open 4:5; 11:1 received 4:14 -------------------------- -------------------------- opportunities 11:2 recommend 6:17 T- R- U- S- H -E -I -M 12:22 years 10:22; 11:9 order 9:13,14 recommendation 4:14; 10:6 tabled 11:4 YORKVILLE 1:7,17; 2:13, originally 6:22,23 recommended 5:21; 9:23 Tem 2:2 14.5; 3:16 other 7:18; 12:5 recorded 15:5 tendered 11:14 Young 8:10,13,14; 9:2,5, out 9:11,16; 11:5 reduced 15:6 terms 4:17 10,14,18 owned 3:18; 10:16 refer 6:5 testimony 1:13 -------------------------- owner 11:23 referring 7:4 themselves 12:12 Z ---- ---------------- ------ refine 4:16 third 3:5 -------------------------- P regulations 4:9 title 12:5 zoning 4:7,8; 10:2 -------------------- ------ remember 10:20 tonight 9:6; 10:1,12; -------------------------- p.m. 1:16 REPORT 1:13 I 11:16,17 _ parcel 10:17 reporter 12:20 town 11:2 -------------------------- park 4:1 requesting 3:15; 4:7 townhouses 13:6 - part 4:5,9 residency 13:3,4 Trail 5:2,7,9,10,13,22; 15:14 passed 5:23 resolved 6:13 8:4 PAUL 2:7 response 6:3,6; 13:14,16 transaction 11:5 PC2002 -10 1:11; 10:10 retired 10:20 transcribed 3:4; 14:12 PC2002 -27 1:9; 3:6 rezone 4:24 transcript 15:8