COW Minutes 2006 12-19-06 Page 1 of 9
APPROVED 2/27/061
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Council Chambers
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Tuesday, December 19, 2006 — 7:00 pm
In Attendance:
CRY
Art Prochaska - Mayor Travis Miller — Community Development Director
Rose Spears — Alderman John Crois — Interim City Administrator
Dean Wolfer — Alderman David Mogle — Executive Director Parks & Rec.
Paul James — Alderman Eric Dhuse — Director Public Works
Jason Leslie — Alderman Bart Olson — Assistant City Administrator
Jim Bock — Alderman Bill Powell - Treasurer
Valerie Burd — Alderman John Wyeth — City Attorney
Joe Wywrot — City Engineer
Others in Attendance
Kathy Farren — Kendall County Record
Lynn Dubajic — Director Economic Development
Todd Milliron
Mike Schoppe
Court Reporter
(Many others who did not sign guest list)
Mayor Art Prochaska called the meeting to order at 7pm. He entertained a motion to enter into
Public Hearing. Alderman Bock and Spears, respectively, moved and seconded to enter into Public
Hearing. Carried unanimously on a roll call vote:
Leslie — aye Wolfer — aye James — aye Burd — aye Spears — aye Bock - aye
PUBLIC HEARING:
Edward Health Ventures filed an application for rezoning at Route 71 and Route 126. (Refer to
Court Reporter's report.)
Lance Devries, 1701 Candleberry Lane, Yorkville gave comment during this Public Hearing and
presented photos he had taken. These photos are to become part of the official minutes of this
meeting.
At the conclusion of the Hearing, Mayor Prochaska asked for a motion to close Public Hearing.
Alderman Bock moved and Alderman Wolfer seconded to close the Hearing. Motion carried
unanimously on a roll call vote:
Bock — aye Spears — aye Burd — aye James — aye Wolfer — aye Leslie — aye
Attorney Dan Kramer asked that this item be placed on a Council Meeting agenda in January for a
final vote. The Public Hearing ended at 7:30pm.
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ECONOMIC DEVELOPMENT COMMITTEE:
1. Discuss Committee Liaisons
Alderman Burd said that YEDC had changed their bylaws to allow an ad hoc City Council member
to sit on their board. That person would not be a voting member. It was recommended that the
Economic Development Chairman be appointed to the YEDC Board. Mayor Prochaska explained
that the Board voted to create the position and the second vote was to approve the ex- officio
member to be a Council member. Ms. Burd asked that the YEDC chairman fill the position and
she commended the YEDC for allowing an alderman to participate. There was a unanimous
consensus for this action. The meetings are held the second Wednesday of the month at 4:30pm.
(taken out of sequence)
10. EDC 2006 -35 Sunflower Estates SSA Request
Travis Miller said that there had been discussion of maintenance issues and he provided a cost
estimate in a handout. Alderman Leslie questioned why the SSA would be formed after the fact
and then be a burden to the City. A homeowners' association was initially created and now they
wish to disband and turn this area over to the City. An additional tax would then be assessed. The
Mayor said these types of situations need to be addressed and that they also create extra paperwork.
He added that the only solution is that the City will assume maintenance and that the property will
become public property. A mechanism needs to be in place when the developer is gone.
There is a 15% administrative fee attached to the agreement the City would enter into with the
homeowners' association. There was a brief discussion of the costs of maintaining property by the
homeowners' association versus turning it over to the City and being assessed fees.
Carrie Bartell, Attorney for the association, spoke on the homeowners' behalf. A petition in favor
of the SSA and of dissolving the association, was signed by 84% of the homeowners. The
association was started 7 years ago and in that time, many dues were not collected. She said the
City's approval for the SSA is needed prior to dissolving the association. She further stated the
75% of the homeowners needed to give their approval to dissolve the covenants. It was noted that
80% of the homes are not in compliance with the covenants. The owners wish to take this action
due to much misinformation at the time of home purchase and only minimal records were kept for
the dues collected. The residents wish to transfer the ownership of the public land to the City.
Attorney Wyeth said the next step is to bring an authorizing ordinance to the Council and set a
Public Hearing. Ms. Bartell said the homeowners would need to contact their mortgage companies
regarding deed restrictions.
Municipal authority over the associations is very limited according to the Mayor. He suggested
petitioning the State to tighten up laws regarding the associations. He said the Council needs to
look at their policy at the time developments come into the City and determine how to handle green
space. Currently, some green space in the City is privately owned.
Ms. Bartell said that if the association is not dissolved, the developer will have to be contacted for
the records, all of which would result in costly attorney fees.
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If the association is dissolved, Mayor Prochaska asked if the City would assume ownership of the
land or is it split among the homeowners. Ms. Bartell answered that the owners would have to
dedicate the property to the City and the City would have to accept. If the Council does not accept
the property, each homeowner would own a portion of the property. Alderman James suggested
that this situation could be handled as a letter of credit.
Michelle Moser, President of the Homeowners' Association, said that no dues have been charged
for at least 7 years and no covenants have been enforced. She said Inland proposed a budget of
$300 per household, however, she said the only item that needs to be maintained is the grass.
According to Ms. Moser, Inland continues to conduct business on the residents' behalf and there is
no accountability. Alderman Wolfer asked about the liability insurance if the City assumes
ownership. The City would have to maintain the liability insurance if the property was dedicated
to the City according to Ms. Bartell.
Aldermen Bock and Leslie asked about any possible legal recourse against Inland. Ms. Bartell said
the legal fees might far outweigh the money actually collected by the developer. In addition, the
City cannot enforce associations because they are private contracts. Ms. Burd said this type of
problem has been addressed by backup SSA's being made part of development agreements. A
policy should be discussed at the next EDC meeting according to the Mayor.
Fox Hill resident Brian Weis expressed his views and concerns regarding SSA's. He said he is one
of seven dissenters to keep the SSA under Fox Hill control. The property control question will be
researched at the request of the Mayor.
January 23` will be the Public Hearing date for the Sunflower Estates SSA request and a vote will
be taken.
(return to agenda sequence)
2. EDC 2006 -33 Building Permit Reports for November 2006
There was no discussion.
3. PC 2006 -76 Milazzo —Annexation and Rezoning
Attorney Dan Kramer said the Public Hearing had been held two weeks ago and the annexation
agreement has been submitted. Recent changes suggested by the City will be incorporated and this
matter will be ready for a final vote on the coming Tuesday. Since this will now be zoned
business, that will be added to the ordinance approving the zoning or added to the agreement.
4. PC 2006 -65 Beaver Stree"oute 47— Rezoning
Attorney Villanova, representing Yorkville Partners LLC, said a petition has been submitted
requesting rezoning from M1 to B3. This property is at the southeast corner of Beaver St. and
Route 47 and is 2.33 acres. This request is being made due to the configuration of the property.
By rezoning to B3, it would allow the petitioner a retail use thereby contributing to the tax base.
This matter was before the Plan Commission and a unanimous approval was recommended. City
Staff also recommended this approval.
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Alderman Leslie expressed concern about increased truck traffic and that this area is not a retail
climate. The Attorney said the location is consistent with growth and there would be a loss of
potential taxes from this location if not approved. Alderman James felt this site was a good
location for retail and other Council members agreed. This will move forward for consideration.
5. PC 2006 -82 Grande Reserve Unit 25 — Preliminary Plat
6. PC 2006 -83 Grande Reserve Unit 26 — Preliminary Plat
7. PC 2006 -87 Grande Reserve Unit 27— Preliminary Plat
These plats were discussed simultaneously. Travis Miller reported that the petitioner had asked for
preliminary plan approval since construction must start within 12 months. Unit 25 is located near
Mill Road and Tuscany Trail and has 96 townhomes. Alderman Spears questioned the stub street
that would connect Grande Reserve with Oswego. The stub was met with disapproval by Oswego
and was not part of the original plan. The Village has denied the request for street connection since
the street would connect a residential and industrial area. Ms. Spears requested a follow -up letter
from Oswego Police suggesting a public safety issue. These items will move to the consent
agenda.
8. PC 2006 -81 Hudson Lakes Unit 1— Final Plat
The Plan Commission recommended approval subject to two conditions:
1. include a school lot
2. final plat included 108 lots, annexation agreement limits to 104 based on sanitary sewer
limits, there will be a reduction in lots
This plat will move forward to the consent agenda subject to these conditions and the deed for the
school lot will be turned over to the school district when the plat is recorded.
9. PC 2006 -34 Fee Waiver Request — Horve
Travis Miller said this is a unique request. Staff has met with Horve Builders regarding an
unforeseen result of the fee ordinance that controls sewer connections. Horve Builders is
constructing an assisted living facility on Greenbriar Rd. consisting of 87 units. When the Building
Department calculated fees for the building permit, the fees totaled $174,000 in addition to the
permit fees. Mr. Horve requested a waiver of those fees or a portion, due to the large amount. One
possible solution was a potential rebate considering the number of jobs created and sales tax
generated. Mr. Miller and Mr. Dettmer reviewed the fee formula in the ordinance and there is a fee
for a category of "nursing homes and hospitals ". Since staff did not have the authority to reduce
the fees, this matter was brought to the Council. Staff recommends that this facility be viewed as a
nursing facility when determining fees and Mr. Horve would then pay $46,750.
Mr. Steve Horve said the project is currently underway. He said he had not anticipated the
$450,000 tap and fees. Mayor Prochaska said the City should look at the jobs and sales tax to be
created and he added that the community is in need of such a facility. Alderman Burd suggested
that perhaps the policy should be amended to include assisted living facilities as an extension of
nursing homes. However, Alderman Leslie expressed concerns since this facility will be primarily
a for - profit home and that other builders would not be awarded these incentives. Grants will be
given to some of the 87 residents in order to reside there. The facility will create 37 full time jobs
and Mr. Horve is making an effort to use community labor. He also gave an overview of the
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services provided. Alderman Wolfer voiced his approval and said this is what economic
incentives are for. Alderman Bock echoed that opinion and said it is not another strip mall.
The connection fees will be reduced to $46,750 on a motion and placed on the consent agenda.
The Council will also look at amending the ordinance at a future date.
(item #10 discussed earlier in agenda)
11. PC 2006 -94 Blackberry Woods Annexation -.076 Correction
Surveyors had prepared a plat of Blackberry Woods and an error occurred resulting in .076 acres of
land not being included in the annexation. This property is next to the PNA. The error was
detected by the Engineering staff and an ordinance will correct this and bring the parcel into the
City limits. This will move to the consent agenda.
12. EDC 2006 -36 Centex Raymond Regional Outfall Funding Agreement
The City entered into an agreement regarding construction of the Raymond Regional Stormwater
Facility outfall located near Galena Rd. and Rt. 47. This project is estimated to cost about $1.2
million and a funding shortfall of $325,000 was needed to complete the project. Centex agreed to
make up this shortfall and is asking for certain considerations. They are being asked to dedicate
the basin to the City and all but approximately a quarter of the property has been dedicated. In
exchange for the funding, it was recommended that Centex be allowed to delay dedicating the
remaining portion. Engineers said this delay would not have a negative impact on the project.
Alderman Spears asked if delays had been granted to any other partners of this agreement. Mr.
Miller noted that the affected area is the basin, not the outfall and said these were two separate
components. Mr. Crois summarized as follows: for the system to work, pipe needs to be put in.
Since other partners (Ratos, Ocean Atlantic and Caledonia) have already contributed, Centex was
asked for the additional funding. The money will be used for the pipe and the land purchase will
be delayed until 2008. Mayor Prochaska asked if there is a guarantee that the City will obtain the
rest of the land. The current landowner is concerned the remaining piece of land will not be
purchased. Mr. Miller said the obligation of that land remains in the annexation agreement.
Fred Feinstein, Attorney for Centex Homes further clarified the situation. He said the $325,000 is
an additional donation. He made no assurances regarding the rest of the property, but Lacom
(property owner) is a participant in the annexation agreement. Attorney Wyeth agreed this is in the
annexation agreement and zoned properly.
Mr. Feinstein added that his client will enter into an agreement with the school district and that
there are also some recapture issues to address. An amendment will be brought at a later date.
This moves to consent agenda.
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PUBLIC WORKS COMMITTEE
1. PW 2006 -209 State Street Finished Watermain — Change Order #2
2. PW 2006 -210 King Street Raw & Finished Watermains - Change Order #1
These items were discussed together and it was noted they are change orders. Approval was
recommended
3. PW 2006 -211 King Street Raw & Finished Watermains —Pedersen Invoice
A letter was received from Cal and Rena Pedersen regarding additional roadwork they wished to
have done and the cost they incurred in the amount of $12,456. This amount was to redo some of
the road repairs at Parkview Academy and King St. The Pedersens have asked the City to waive
half of that amount. They have issued a check for half that payment and requested a hearing
regarding the remainder. Public Works Director Dhuse suggested talking with them for more
details. Alderman Burd said the City should pay the other half. After a brief discussion, it was
decided more follow -up is needed and it will be returned to the Council. Ms. Burd added the
Pedersens are very diligent about maintaining this historic area. Mayor Prochaska requested that
no invoice be sent at this time.
4. PW 2006 -212 Grande Reserve Units 2 & S — Letter of Credit Reduction #1
S. PW 2006 -213 Grande Reserve Unit 12 — Letter of Credit Reduction #1
6. PW 2006 -214 Grande Reserve Unit 13 — Letter of Credit Reduction #1
7. PW 2006 -21 S Grande Reserve Unit 14 — Letter of Credit Reduction #1
8. PW 2006 -216 Grande Reserve Unit 15 — Letter of Credit Reduction #1
9. PW 2006 -217 Grande Reserve Unit 20 — Letter of Credit Reduction #1
10. PW2006 -218 McVickers Development — Letter of Credit Reduction #1
All of the above items were recommended for approval and will be moved to the consent agenda.
11. PW 2006 -219 Cannonball Estates Unit I —Letter of Credit Reduction #6
12. PW2006 -220 Cannonball Estates Unit 2 — Letter of Credit Reduction #6
The developer still has storm sewer work to finish and Alderman Bock noted that it was to be
finished 3 -4 years ago. The letters will be somewhat reduced, however, not the amount for the
storm sewers. These 2 items will also move forward to the consent agenda.
13. PW 2006 -221 New Castle Bank (109 W. Veterans Parkway) — Final Acceptance
& Letter of Credit Reduction #2
Mr. Wywrot recommended acceptance of the public infrastructure and a credit reduction. This
moves forward to the consent agenda.
14. PW 2006 -222 Reserve at the Fox — Plat of Easement
The plat of easement was recommended for approval and Mr. Wywrot also noted that he is
working with the developer to get the easement in place. This moves to the consent agenda
subject to legal review.
15. PW 2006 -223 Reserve at the Fox — Final Acceptance & Bond Reduction #2
Mr. Wywrot recommended acceptance of the public infrastructure and a corresponding bond
reduction, however, final approval is subject to recording of a plat of easement for the utilities.
Moves forward to consent agenda.
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16. PW 2006 -224 Grande Reserve Well Nos. 8 & 9 Sites — Final Acceptance
Approval is recommended, subject to legal and staff review of legal documents. Moves to consent
agenda.
17. PW 2006 -225 Grande Reserve Park "E" Site — Final Acceptance
Acceptance of park improvements was recommended, however, subject to legal and staff review.
It was noted that storm sewers are excluded. This matter will move to the consent agenda.
18. PW 2006- 226IDOT Highway Permit and Resolution — Kendallwood Estates (Temporary
Entrance)
Mr. Wywrot reported that IDOT has sent the permit application form and the permit is ready to be
issued. This temporary construction entrance will be built off Rt. 126 near Wooden Bridge Drive.
This will route construction traffic on Rte. 126 rather than Van Emmon. This moves to the consent
agenda.
19. PW 2006 -227 Blackberry Creek Modeling Project — Intergovernmental Agreement
Mr. Wywrot stated that this agreement with Kane County approves the re- mapping of the
Blackberry Creek floodplain. The City previously committed $59,530 towards this project to be
done by the US Geological Service. He recommended approval and this moves to the December
26 Council meeting for a vote.
20. PW 2006 -188 Fox Road Sidewalks
Mr. Wywrot brought this matter before the Council to seek advice regarding the addition and
choice of a sidewalk on Fox Road. This sidewalk would fill in a gap and would be continued to a
neighboring subdivision. He noted that the Forest Preserve District is receptive to a joint grant
application to construct trails in that area.
Alderman James suggested building the sidewalk now and widen the area for construction of a bike
trail at a later time. Alderman Burd asked if there was a bike trail plan and thought it began
downtown continuing to Silver Springs. Railnet is not receptive to sharing the area for the
proposed trail and there was discussion of it being moved up by Fox Road. She further stated she
would like to see the trail project move forward. Mr. Wywrot will obtain a cost estimate and this
item will return to C.O.W. _..
21. PW 2006 -228 Game Farm Road /Somonauk Street — 2 nd Request for Additional
Compensation and MFTAppropriation Resolution
A letter was received from Smith Engineering requesting compensation for additional work.
Initially, they completed engineering at Game Farm Road and Somonauk St. (The engineering will
allow the City to apply for a grant to fund 75% of this work.) Later, additional work was needed
at Rt. 47 and Somonauk due to IDOT changes. An MFT appropriation resolution was also
included in the amount of $9,210.00 for this work. Mr. Wywrot recommended approval of these
items. This moves to consent agenda.
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22. PW 2006 -229 Letter of Support — Federal Funding for Groundwater Mapping
The Geological Survey is conducting a detailed study of groundwater in Kendall County and they
hope to do this nationwide. Currently, there is limited money and Congressmen are asking
municipalities for letters of support to increase federal funding. A sample letter was included.
This will move forward to the consent agenda and a letter will be sent.
23. PW 2006 -230 Kendall County Highway Department Water Service
Attorney Wyeth said this could be removed from the agenda since it was resolved. He said the
Highway Department had access to a well from a neighboring property that was sold. The
Department felt they would lose access to the well so they approached the City staff. An inter-
governmental agreement may be drafted in the future, but at the present time, the Highway
Department has regained the access. No further action.
DETAIL BOARD REPORT BILL LIST):
There were no questions, however, Mayor Prochaska pointed out that the annual membership
payment for the YEDC was on this bill list. This will move to City Council for consideration.
PARK BOARD:
1. No report
MAYOR:
1. PS 2006 -44 Director of Support Services Position
The Police Chief had asked for this to move forward. Alderman Bock asked if municipal law
enforcement experience was required. The Labor Counsel has approved the job description, but it
was revised to include the experience requirement. Applicants must also be able to lift 50 pounds.
This moves to the consent agenda.
Z Prairie Parkway Resolution
The Mayor noted that the City had drafted a resolution supporting the Prairie Parkway in general,
however, no resolution was drafted in support of the B5 routing that crosses Rt. 47 and eventually
reaches I -80 near Minooka. He asked the City Attorney to draft a resolution for that route. This
resolution must be done by January 16
The Mayor asked for Council input. Alderman Leslie asked where this routing was in relationship
to the proposed County landfill. The Mayor thought it would be on the east side of the landfill
location near White Willow and Ashley Roads.
ADDITIONAL BUSINESS:
Mayor Prochaska told the Council that the City Attorney was notified that the Attorney
representing the Newark Library District has taken issue with the notification process. This relates
to the validity of the annexation of a certain portion of the property for the proposed landfill. Mr.
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j Wyeth notified the petitioner and spoke with the Library District Attorney since this could affect
the annexation.
Alderman Leslie discussed a public safety issue. He said his car has been burglarized twice in two
months and noted the lack of lights in the area. Mayor Prochaska said the Council had agreed that
minimal lights were desired in order to maintain a rural character. Mr. Leslie said he has
reconsidered the parking ban as a result of these incidents.
Alderman Burd stated that on the previous Tuesday night a levy summary document had been
passed in regards to the construction bond levy for the Library. Since then, she spoke with
Kendall County Clerk Paul Anderson and a DuPage County Clerk official and wanted to ask the
City Attorney and Administrator if the action was the correct procedure. Attorney Wyeth said the
bond ordinance passed in 2005 levies by itself and to place the number in the general levy would
be a duplication. Ms. Burd said that Yorkville is the only municipality in Kendall County that does
not do that. However, Mr. Wyeth said that 15 -20 park districts he represented, followed that
procedure. Mr. Wyeth said he would discuss the matter with Mr. Anderson again and present his
findings to the Council.
She also asked Mr. Crois if it was correct to pass the levy summary without including the library
bond. He said it is correct, based on legal opinion and the bond counsel.
Ms. Burd said the County Clerk cannot keep track of every referendum passed by each
municipality, therefore the municipalities keep track of their own issues and put them on the
summary to be sent to the County Clerk to help in processing of the levy. The County Clerk sends
a follow -up letter to see if all levies are included.
Mr. Wyeth said he and Mr. Anderson agreed that the City would communicate with the County to
insure this type of situation did not occur again. In addition, Attorney Wyeth said Bond Counsel's
direction would also be considered.
There was no further additional business and the meeting was adjourned at 10:14pm.
Submitted by
Marlys Young, Minute Taker
COMMITTEE OF THE WHOLE MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
I REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before
CHRISTINE M. VITOSH, C.S.R., on December 19,
2006, at the hour of 7:00 p.m., at 800 Game Farm
Road in the City of Yorkville, Illinois.
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D- 812906
REPO • COURT
reporting service
1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153
www.depocourt.com
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1 P R E S E N T:
2 MR. ARTHUR F. PROCHASKA, Mayor;
3 MR. PAUL JAMES, Alderman;
4 MR. JASON LESLIE, Alderman;
5 MS. VALERIE BURD, Alderman;
6 MR. DEAN WOLFER, Alderman;
7 MR. JAMES BOCK, Alderman;
8 MS. ROSE ANN SPEARS, Alderman;
9 MR. JOHN CROIS, City Administrator;
10 MR. WILLIAM POWELL, City Treasurer;
11 MR. TRAVIS MILLER, Community Development
12 Director;
13 MS. MARLYS YOUNG, Minute Taker.
14
15 A P P E A R A N C E S:
16 BY: MR. JOHN JUSTIN WYETH,
appeared on behalf of the United
17 City of Yorkville, Illinois.
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19 - - - - -
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1 (Pledge of Allegiance)
2 MAYOR PROCHASKA: With that I'd
3 entertain a motion to go into public hearing for
4 the purpose of discussing PC 2006 -84 and 2006 -85,
5 Edward Health Ventures, an Illinois
6 not - for - profit corporation, petitioner, has filed
7 an application with the United City of Yorkville,
8 Kendall County, Illinois, requesting rezoning
9 from United City of Yorkville, R -2, R -4, B -1 and
10 M -1 to United City of Yorkville PUD zoning to
11 allow uses permitted in the B -3 Service Business
12 District and R -2 One- Family Residence District
13 and for hearing as to the concept PUD of the
14 petitioner.
15 The real property consists of
16 approximately 100 acres at the west corner of the
17 intersection of Route 71 and Route 126,
18 Yorkville, Kendall County, Illinois.
19 MR. BOCK: So moved.
20 MS. SPEARS: Second.
21 MAYOR PROCHASKA: Moved and
22 seconded. May I have roll call, please?
23 MS. YOUNG: Leslie.
24 MR. LESLIE: Aye.
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1 MS. YOUNG: Wolfer.
2 MR. WOLFER: Aye.
3 MS. YOUNG: James.
4 MR. JAMES: Aye.
5 MS. YOUNG: Burd.
6 MS. BURD: Aye.
7 MS. YOUNG: Spears.
8 MS. SPEARS: Aye.
9 MS. YOUNG: And Bock.
10 MR. BOCK: Aye.
11 MAYOR PROCHASKA: Motion is carried.
12 We are now in public hearing. Representative of
13 petitioner?
14 WHEREUPON:
�
15 DANIEL J. KRAMER,
16 testified before the Yorkville City Council as
17 follows:
18 MR. KRAMER: Thank you. For the
19 record my name is Daniel J. Kramer. I am an
20 attorney licensed to practice law in the State of
21 Illinois. My address is 1107A South Bridge
22 Street, Yorkville, Illinois, and I represent the
23 petitioner, Edward's Health Ventures, and the
24 actual property owner is still Fox Valley Farm.
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1 As the Mayor read with the
2 opening notice, we are here on the public hearing
3 for the annexation agreement tonight.
4 We've had our public hearing
5 before the Plan Commission and they have
6 unanimously recommended the zoning change and the
7 approval of the PUD agreement.
8 We have forwarded the draft PUD
9 agreement, which if you've seen has had many
10 amendments from different things, language that
11 we have agreed with Staff and our client as far
12 as additions.
13 Basically it's the same plan
14 that you see to my left and your right that we've
15 talked about before.
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16 The parcel is located for
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17 purposes of the record with Route 126 generally
18 on its north, Route 71 generally on its south,
19 and then Crooked Creek subdivision and an
20 existing Phase II and Phase III of Wildwood
21 subdivision that are residential subdivisions
22 bordering the property on the west.
23 The hospital has indicated
24 their goal in this process is to bring a clinic
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1 immediately to the south side of the town, so if
2 they are successful in the zoning change, they
3 would anticipate starting fairly quick in the
4 clinic, which would be the building located on
5 the south side on Route 71.
6 Jerry or Mike, if you could
7 show them that location (indicating).
8 That would be the initial phase
9 of the project. The hospital is long- range.
10 Obviously there has to be a need in the
11 community, and with a clinic they don't have to
12 receive any kind of state permission to build
13 here. The hospital does go through a rather
14 strict licensing process.
15 One of the questions that the
16 audience and you may be interested in that we
17 were asked numerous times at a local meeting with
18 the neighbors and not at the public hearing was
19 whether the Plainfield application process would
20 have any affect on this hospital, and it would
21 not.
22 They feel the population will
23 ultimately be here to service the community, that
24 there may be a need for up to two hospitals to
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1 service this community, one north and one south.
2 In terms of the overall plan,
3 we have one area that's right by Jeremy's head
4 that's in yellow that they propose to sell to a
5 private developer that would be developed as
6 single- family lots.
7 Frankly, we probably had more
8 questions about that at the neighbor's meeting
9 than the hospital use.
10 One of the thoughts of the
11 hospital was that they thought if they developed
12 and sold that off and kept it high -end
13 single- family homes, it would show the neighbors
14 in Crooked Creek and existing Wildwood that they
15 are good stewards of the land, and if they are
16 willing to do high -end housing that there
17 wouldn't be any negative effects on the existing
18 housing.
19 One of the things we met with
20 Staff this past week about -- and we're going to
21 have another exhibit to the annexation PUD
22 amendment -- is on the wooded area that's shaded
23 in green behind the residential lots, there is a
24 large growth of heavy mature trees.
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1 We plan on doing four or five
2 things in that exhibit that we've talked with
3 Staff about.
4 Number one, your ordinance
5 calls for a minimum of 12,000 square foot lots.
6 They have agreed that they would make all the
7 residential lots in the subdivision at least a
8 minimum of 16,000 square feet, and some of them
9 in the cul -de -sac are going to be bigger than
10 that.
11 On the rear 50 feet of each of
12 the lots they're going to do a conservation
13 easement so any large trees, anything over six
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14 inches, and that are good hardwood trees cannot
15 be removed.
16 Also, in the wooded area, we've
17 met with the park board and we've indicated that
18 we would have the equivalent of just a little bit
19 under an acre of land if they wanted to take park
20 land as opposed to cash, so we're saying take at
21 least an acre for park and we'll round that off,
22 then we're willing to donate to the City with no
23 credit or no claw back from any fees or anything,
24 at least an additional acre of that woodland that
Depo Court Reporting Service (630) 983 -0030
9
1 would be preserved if the City will take
2 ownership, and depending on the geometry when
3 Mike Schoppe lays out the lots, we may be able to
4 give you a little bit more than that.
5 In other words, we may be able
6 to take that up to two or three acres, and we
7 don't expect any compensation back, and that way
8 we are preserving as many of the trees as we
9 possibly can.
10 The medical uses themselves
11 will not require any removal of any trees.
12 That's basically all in open -- kind of hilly,
13 but in open farmland. A lot of the sites being
14 developed we would anticipate some type of green
15 cover crop rather than a low crop, so we think it
16 will significantly improve stormwater retention
17 and drainage on -site in the area as well.
18 So with that, I don't want to
19 belabor it, we've been through the public
20 hearing, done the presentation before, but we'd
21 be happy to answer any questions you folks have
22 and if there is any new people in the audience
23 that weren't at the first two hearings, again,
24 we'd be happy to answer them. Thank you.
Depo Court Reporting Service (630) 983 -0030
10
1 MR. LESLIE: I have a couple
2 questions.
3 MR. KRAMER: Sure, Jason.
4 MAYOR PROCHASKA: We need to let the
5 people in the audience go first.
6 MR. LESLIE: I'm sorry.
7 MAYOR PROCHASKA: At this time I
8 would like to give the opportunity for anyone in
9 the audience to come forward and give any
10 questions. Come on forward, state your name.
11 WHEREUPON:
12 LANCE DEVRIES,
13 testified before the Yorkville City Council as
14 follows:
15 MR. DEVRIES: Hi. My name is Lance
16 Devries. I live at 1701 Candleberry Lane, right
17 at the end of Wildwood Phase II at the beginning
18 of the residential section of this development.
19 One of the things you mentioned
20 is being a good steward of the land, and I think
21 that if you take a look at this area, because of
22 the densely wooded population of trees in there,
23 drying to build 12,000 square foot residential
24 lots and homes in this area would completely
Depo Court Reporting Service (630) 983 -0030
11
1 destroy this woodland.
2 I have taken some photos, I
3 know there's been some extensive tree surveys
4 done, they've been out there diligently every
5 day, snow or whatever, and doing a survey of the
6 trees in there.
7 I'd be very curious to see what
8 they've come up with as far as the amount of
9 trees and the size of the trees.
10 And I've also looked at the
11 landscape ordinance that's been in place, that is
12 supposed to be in place by the time this
13 development is supposed to come through, and with
14 the preservation that -- the tree preservation
15 clause that's in this ordinance, I just don't see
16 how it's really possible to build homes in this
17 area, and as a good steward of the land and
18 trying to be a good neighbor to this community
19 and seeing how Yorkville has been building and
20 building, to see this ten -acre woodland just
21 destroyed to put in a few more homes to help
22 reduce the cost of the hospital, I think it would
23 be a shame, and I think there's got to be some
24 way that you can work around this woodland and
Depo Court Reporting Service (630) 983 -0030
12
1 try to work around the perimeter of it and build
2 these homes and make this all work for our
3 benefit.
4 MAYOR PROCHASKA: Thank you. Is
5 there someone else that would like to come
6 forward?
7 (No response)
8 MAYOR PROCHASKA: Hearing none, then
9 I open the floor to the Council.
10 MR. LESLIE: Dan, I have a couple
11 questions --
12 MR. KRAMER: Sure.
13 MR. LESLIE: -- on the 126 spur.
14 Would that be -- I know the scheduling is through
15 IDOT. Would that happen concurrently,
16 after - the -fact, any idea on the timing?
17 And then also if you could
18 speak to the traffic studies, the lintersections,
19 and when those would be placed, and also with
20 the -- think you're going to have a -- are you
21 going to have a cut across Country Hills? Do
22 they line up?
23 MR. KRAMER: Mike, if you could
24 speak to that because you're a little bit closer
Depo Court Reporting Service (630) 983 -0030
13
1 to the drawing.
2 MR. SCHOPPE: I'm going to step back
3 just so you can see it. Yes. The main entrance
4 is right here and that does align with Country
5 Hills Drive, so we do have that -- that line
6 taken care of.
7 MR. KRAMER: And --
8 MR. SCHOPPE: Go ahead.
9 MR. KRAMER: I was just going to
10 say, Jason, we just got a letter from IDOT within
11 the last day that say they generally approve the
12 location of the intersections and so on.
13 What they'll have us to do
14 before we come in with our final site plan is do
15 a traffic study, and they'll look at warrants by
16 number of cars through the intersection that
17 there is now.
18 What they are sea saying is the
19 distances would be fine ultimately for a light.
20 We don't know what the warrants will turn out
21 yet, but if they tell us to do a light from the
22 get -go, I think it would frankly help Country
23 Hills.
24 MR. LESLIE: It would ease my mind.
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14
1 I drive out of there every day, and I know I've
2 been beating a drum for a year and a half on the
3 traffic there.
4 I literally have to go all the
5 way down through Windett Ridge to turn northbound
6 or southbound. You can't get out of there from
7 the hours of 6:00 a.m. through 7:00 a.m.
8 MR. KRAMER: And I'm sure the
9 afternoon is probably the same, the other flow,
10 right.
11 MR. LESLIE: Right. So it's a major
i
12 concern. It's a huge safety issue getting out of
13 my own subdivision. I want to make sure that
14 going forward with a plan like this that we ease
15 the traffic and address it and not exacerbate the
16 issue because it's bad now.
17 MR. KRAMER: Ultimately we
18 definitely see a light there. Like I said, if
19 IDOT would let us do it now, I think we would
20 encourage it, too, because it would make it
21 easier for our patients to get in and out.
22 I think on the east entrance,
23 Mike, if you can show them where that's at,
24 Route 71 --
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15
1 MR. SCHOPPE: That would be here.
2 MR. KRAMER: That one they actually
3 asked us to slide it a little bit about a hundred
4 feet and so we have no quarrel with that, and so
5 we'll do what they say there.
6 The main collector road through
7 between 71 and 126, I would not look for that to
8 be built with the first phase; in other words, I
9 think we would need more velocity of it either
10 they've got -- they've -- they show a potential
11 health club that you could have like some of the
12 hospitals have done, Edward has done it over in
13 Du Page, and Copley has done it, where they have
14 rehabilitation and health buildings as well or
15 another medical clinic, you know, something to
16 drive more traffic to get it to 126, so I think
17 that would come in a second or a third phase.
18 MR. LESLIE: I think the other
19 comment I had, too, in your rezoning here, I just
20 want to make sure I'm correct here on which
21 spots -- the buffering you're going to be putting
22 in this residential R -1 going in, is that
23 pre- existing R -1 as well?
24 MR. KRAMER: It was R -2 and it was
Depo Court Reporting Service (630) 983 -0030
16
1 R -2 now as well, right. In other words, actually
2 that residential actually was part of the
3 original what was intended under the PUD to be
4 R -2, correct.
5 MR. LESLIE: I do -- The gentleman's
i
6 comments I think warrants -- it's a neat
7 character. I mean it's one of the few nice, you
8 know, homestead pieces of land we have, so I want
9 to make sure that it's done --
10 MR. KRAMER: Sure. Well, and again,
11 this percentage what we're doing is we're saying
12 we're willing to take about virtually 30 percent,
13 not touch it at all, then add on to that the 50
14 foot rear conservation easement on each lot, and
15 as I say, we're willing to put in this exhibit
16 and that's what we've talked about Staff of
17 upsizing lots so they wouldn't be 12,000, they'll
18 be 16 at a minimum, and some will be 20 and
19 higher than that at the cul -de -sacs with the pie
20 shape, so we are preserving a goodly number.
21 MAYOR PROCHASKA: Anyone else?
22 MR. KRAMER: Paul?
23 MR. JAMES: Yeah. Basically I have
24 the same concern as what Jason has about
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17
1 Route 126 and 71. Are we obtaining enough
2 easements that we can widen those roads to four
3 lanes plus a turn lane, you know, right now in
4 this agreement?
5 MR. KRAMER: Well, what we've done
6 with IDOT -- I mean, we haven't dedicated
7 additional because they would come in, frankly,
8 and purchase that, but what we have done is
9 Mike's lined up his landscaping plan and the
10 intersection design and our setbacks to where we
11 think, from what IDOT has told us they want to
12 do, what they ultimately are going to be, in
13 other words, there's probably going to be 120
14 foot width right -of -ways, so there's no use
15 putting a berm where we've got to dig it out and
16 everybody pay to move it, so we're going to step
17 back totally from there.
18 MR. JAMES: And from a hundred foot,
19 that would give us four lanes plus a turn lane?
20 MR. KRAMER: 120 would easily do
21 that. You can get a six -lane section in.
22 MAYOR PROCHASKA: Okay. Anyone
23 else?
24 (No Response)
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18
I �
1 MR. POWELL: Yeah, just curious. I
2 know myself, which is Crooked Creek, our
3 subdivision's R -1, and I think the subdivision on
4 the north side of 71 is also R -1. You are making
5 these lots very large.
6 I am wondering why you are
7 going with R -2, not R -1 zoning.
8 MR. KRAMER: Well, again, right now
9 under the PUD agreement these lots could have
10 been developed, they're R -2 anyway, so we're not
11 changing the zoning on that.
12 Most of the area that the
13 hospital and the medical facilities would
14 encompass were shown as R -2 on the original PUD;
15 so, in other words, we're giving up residences
16 for effective commercial or a community almost
17 quasi government -type use.
i
i
18 It was B -1 right at the very
I
19 tip, the way 126 and 71 come together, and Mother
20 Nature tells us that's not very practical, that's
21 where some detention has to go, so again, we're
22 getting rid of the B -1 totally, and actually some
23 of the M -1 bled over into this site, too, and
24 what's developed around it with Country Hills and
Depo Court Reporting Service (630) 983 -0030
19
1 the nice residential subdivisions to the south,
2 we think with the Woodstone development you
3 approved for us a few months ago with high -end
4 offices going in the north that you wouldn't want
5 manufacturing out there, so really what you're
6 trading off is a small amount of B -1 at the tip
7 and a lot of residential in the middle in return
8 for the hospital and medical uses.
9 That's kind of the trade -off
10 for the amendment. Jason?
11 MR. LESLIE: Yeah. I +have one quick
12 question also.
13 MR. KRAMER: Sure.
14 MR. LESLIE: 71 and 126 on the
15 Country Hills side, that's a B -1 zoning also in
16 that corner, it has not been built on, Mike?
17 MR. SCHOPPE: Right. This is
18 Country Hills.
19 MR. LESLIE: Right.
20 MR. SCHOPPE: This is undeveloped
21 area.
22 MR. KRAMER: You're absolutely
23 correct, Jason.
24 MR. LESLIE: Okay. I am just
Depo Court Reporting Service (630) 983 -0030
20
1 wondering in terms of the adjacent development do
2 you have a foresight -- you probably don't
3 represent that land owner I am assuming, but has
4 there been any thought to -- I don't know the
5 synergy in terms of the placement or what could
6 be there.
7 MR. KRAMER: Well, I can answer
8 that, kind of getting a little bit off task here.
9 Actually we're representing the property owner at
10 the other end of the intersection, right where
11 Mike's hand is --
12 MR. LESLIE: Okay.
13 MR. KRAMER: - -- and they've
14 contacted Dennis, and Bart Dwyer, who still owns
I
15 the commercial from Country Hills.
16 If you look where that pond is,
17 again it kind of looks like Mother Nature put it
18 there, it's a low spot, but you're really as a
19 City giving up a lot of good commercial frontage
20 for stormwater, and they have some thoughts of
21 trying to work that out for both of them to try
22 to get their stormwater to the rear in some
23 fashion and, again, get more office uses up there
24 that would be complimentary to the hospital, so
Depo Court Reporting Service (630) 983 -0030
21
1 they certainly see it as way of playing off
2 against one another.
3 MR. LESLIE: So, in other words,
4 redirecting the retention area and then utilizing
5 that frontage?
6 MR. KRAMER: Right. And again, to
7 be complimentary to this use with offices rather
8 than a gas station or a McDonald's.
9 MR. LESLIE: That's really getting
10 to the question. You are altering the character
11 or focusing the character.
12 MR. KRAMER: Right. And with the
13 way 126 is being changed there is probably --
14 synergy is a good word -- there is probably more
15 connection between those parcels than the
16 hospital here, frankly.
17 Again, what you're going to see
18 along 126 and 71 with the plan that Mike's
19 developed behind him is a lot of green space and
20 a lot of buffering and landscaping along the
21 road, so this should be a very, very nice entry
22 place for the City.
23 MR. SCHOPPE: The other thing we
24 need to keep in mind relative to that other
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22
1 undeveloped commercial property is how can that
2 property be accessed when it does develop and
3 does this development have any relationship to
4 that, and it certainly does.
5 This planned access, our
6 easterly planned access, we would envision that
7 that will become the full access into that
8 commercial property in this area and that full
9 access would be somewhere right in here.
10 MR. KRAMER: That's why that pond
11 really needs to go for everybody's benefit,
12 including the City and the property owner.
13 MR. SCHOPPE: It works for the
14 spacing for the new intersection, what will be
15 the new intersection of 126 and 71, that full
16 access will be a quarter mile.
17 MR. LESLIE: Okay.
18 MR. SCHOPPE: Our main full access
19 will be another quarter mile, so that meets that
20 quarter mile full access spacing standard that
21 IDOT has.
22 MR. LESLIE: You would be basically
23 putting 126 and moving it northeasterly along for
24 that secondary access.
Depo Court Reporting Service (630) 983 -0030
23
1 MR. KRAMER: Exactly.
2 MR. LESLIE: That makes sense.
3 MR. KRAMER: Jim?
4 MR. BOCK: Addressing Mr. Devries'
5 concerns, what percentage of the existing
6 woodland is going to remain after you build those
7 cul -de -sacs and the bigger lots?
8 MR. KRAMER: Probably about 40
9 percent of it.
10 MR. BOCK: 40 percent would be left?
11 MR. KRAMER: With no trees missing
12 at all, and then some trees obviously because
13 they have to comply with the ordinance.
14 MR. BOCK: When you say 16,000
15 square foot lots on those cul -de -sacs, does that
16 include the 30 foot --
17 MR. KRAMER: I'm sorry, just so I
18 didn't mislead you, 16,000, not 60.
19 MR. BOCK: Okay. Yeah, 16.
20 MR. KRAMER: I didn't want to
21 misstate it for the record.
22 MR. BOCK: Does that include the 30
23 foot easement with trees?
24 MR. KRAMER: Correct, the 50 foot
Depo Court Reporting Service (630) 983 -0030
24
1 easement actually, so, yes, we would have -- a 50
2 foot would be included and a minimum of 16, and
3 like I said, my suspicion when Mike works out the
4 geometry, it will be -- the straighter lots will
5 be the 16's, and when you get to the pie shaped
6 cul -de -sacs, you're going to be 22, 23, and
7 that's what a lot of the lots are around, 21, 22.
8 I mean, again, in talking to
9 the property owner, I mean, his view is, you
10 know, gee, the land's been there for years
11 anybody who wanted to come and buy it from me, I
12 would have sold it to them just like I would sell
i
13 it to these folks, so if these folks are nice
14 enough to set aside without any kind of credit,
15 aren't they being good neighbors?
16 MR. POWELL: I am concerned about
17 the traffic on 126, just as Jason is, on 71. We
18 are beginning to have more and more problems
19 getting out of there, too, and if I remember
20 correctly, as you developed the business across
21 the street, there was going to be a light there
22 because it's coming righted into Crooked Creek.
23 MR. KRAMER: Exactly. In other
24 words, what we've tried to do, Mike's tried to
Depo Court Reporting Service (630) 983 -0030
25
1 look at the spacing with IDOT moving the
2 intersection at 126 and we've tried to locate our
3 access, so if we go right across the street to
4 the McKenna property and provide, you know,
5 enough velocity that you would have the warrants
6 or number of trips generate a light there as
7 well.
8 We agree that there should be a
9 light there ultimately, and again, that will
10 hasten commercial development for both parcels.
11 MR. POWELL: Follow -up question to
12 that more or less for public service, public
13 works.
14 MR. KRAMER: I'll get out of the way
15 if I'm --
16 MR. POWELL: Since the south side of
17 that is County residential and the north side of
18 that will be City business, who's going to
19 control the stoplight and who is going to
20 maintain it, the streetlights and stoplights,
21 whatever else is there?
22 MR. SCHOPPE: I would say we would,
23 Bill, just for the shear fact that one of the
24 legs is IDOT's, one leg would be ours, and one
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i
I
I
26
1 leg would be Kendall Township, actually not
2 Kendall County.
3 Kendall Township doesn't have
4 any other traffic signals, so we more than likely
5 would take care of the maintenance.
6 MAYOR PROCHASKA: Anyone else?
7 (No Response)
8 MAYOR PROCHASKA: I have a couple
9 questions dealing with the actual agreement.
10 MR. KRAMER: Sure.
11 MAYOR PROCHASKA: When we are
12 talking about the fee structure for the -- on
13 Pages 6 and 7 to the agreement, and it talks
14 about the distance would not be required to pay
15 transition, length, which is common, but then the
16 next part we talked about the residential, it
17 would just stay very generic there, and I think
18 one of the things we've talked about, I think
19 that we have even learned that municipally it's
20 not for us to overrule communities, we should be
21 a little more specific about our fees being
22 collected for the residential area, and I would
23 just ask that maybe if you say all customary and
24 normal fees as required are being paid to the
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27
1 United City of Yorkville, and I would like to
2 have where it says somewhere as listed in an
3 exhibit and we have an exhibit on those fees.
4 MR. KRAMER: That would be fine.
5 MAYOR PROCHASKA: If we would put
6 that in there.
7 And I guess the other question
8 I have -- and I don't know how many people are
9 here from the Wildwood subdivision, Bill lives
10 there and the Devries are here -- but one of the
11 questions I have is with that wooded area, I know
12 in the past the City has worked with developers
13 to find a way sometimes to preserve specifically
14 unique stands of trees and, Dan, if you recall we
15 did that in the industrial park across from F.E.
16 Wheaton there.
i
17 MR. KRAMER: Sure.
i
18 MAYOR PROCHASKA: And I'm just --
19 First of all, I guess my question is two part;
20 number one is would the developer be willing to
21 put some kind OF wording in there that would
22 allow for us to look at some kind of separate
23 agreement that might allow us to preserve that
24 entire woodland should we be able to either work
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28
1 through grants or such, you know -- as, you know,
2 part of that would be turned over anyway, but
3 then the other question I have for the residents
4 that live in the existing part of Wildwood is, of
5 course, if we do that, that then becomes public
6 land which has public access to anyone who wants
7 to be in there and would they be okay with the
8 idea of that being public access near their home.
9 WHEREUPON:
I
10 BILL KOTTMANN,
11 testified before the Yorkville City Council as
12 follows:
13 MR. KOTTMAN: I'm Bill Kottmann from
14 Edward. We certainly would be willing to look at
15 that.
16 From Edward's standpoint, we're
17 really not interested in purchasing the
18 residential area per se. I mean, we're doing it
19 because it's part of the parcel and we have to
20 take on the whole parcel, so if someone came in
21 the City or the residents and say we want to
22 purchase that whole thing, great. We will do
23 away with it now.
24 We think we are being good
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1 neighbors in terms of allocating a portion of
2 those woods, giving it back to the City,
3 maintaining that buffer, but that's really about
4 as far as we can go.
5 If there are other sources as
6 you say such as grants or something like that to
7 allow us to say we can preserve a bigger area, we
8 are definitely open to that.
9 MAYOR PROCHASKA: And I ask the I �
f
1
10 Council, what are your thoughts? Get some
11 language in the agreement that would allow us to
12 further explore, maybe go forward and do that in
13 that area? Anyone?
14 MR. JAMES: It's a good option. We
15 should have that option.
16 MR. KRAMER: Again, we have dealt
17 with some communities on the back end, you've got
18 to think about maintenance because it isn't just
19 going to stand out there, there's going to be a
20 lot of dead trees over the years, there's going
21 to be a lot of costs, so I'm not discouraging it,
22 we're not going to be Mr. T and we're not going
I
23 to be going in with chain saws and knocking
24 everything down, but it is very expensive to
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30
1 maintain, too, so it's like a horse, the cheapest
2 thing you do is buy it, so now what do you do.
3 MAYOR PROCHASKA: Again, I think
4 having a that option allows the City to look at
5 those options.
6 MR. KRAMER: Sure.
7 MAYOR PROCHASKA: I just want to
8 know that there is something in here, whether
9 it's a right of first refusal for that area or
10 something so this gives us the option to go in
11 there and at least look at that property. Mr.
12 Devries.
13 MR. DEVRIES: Yes. I think that it
14 is a unique woodland, unlike a lot of areas
15 around, there are trees that are over a hundred
16 years old and they've been doing just fine for
17 that length of time and obviously there has been
18 some trees that have died, but there's been no
19 maintenance of that area, and it's a beautiful
20 woodland area, and I can't speak for everyone in
21 our subdivision, but having that as a public area
22 that people can enjoy would be a wonderful thing,
23 and I have pictures here that I'd be happy to
24 share with anyone of the trees themselves, of the
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1 density of this woodland, and of the size of the
2 trees.
3 Again, from the last meeting I
4 showed a drawing of just the trees that were two
5 feet in diameter and larger, and there are a
6 substantial amount of trees that are in the 100
7 to 150 year old range trees, and just to destroy
8 those to put in 10 or 12 extra homes in there I
9 think would be a crime.
10 MAYOR PROCHASKA: Well, if you like,
11 you can certainly pass those around, we can look
12 at them, and if you are into that, we can then
13 attach them to the minutes, unless you want them
14 back.
15 MR. DEVRIES: Actually just the top
16 one.
17 MAYOR PROCHASKA: Okay. Anybody
18 else?
19 MR. JAMES: Just another thing is
20 the other subdivision, I forgot the name of it,
21 on the other side, we removed all the trees.
22 Once we cleared out all the
23 trees in that area, we've got deer up in our
24 front lawn, you know, right now and all over, so
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1 something like this, there's a lot of deer and a
2 lot of animals in that area, and once we do clear
3 all those trees --
4 MAYOR PROCHASKA: They're going to
5 go somewhere else.
6 MR. JAMES: -- there is no place to
7 go.
8 MS. DEVRIES: There is all kinds of
9 animals. We have a fox den out there, we have
10 deer running around.
11 MAYOR PROCHASKA: Can you state your
12 name?
13 WHEREUPON:
14 CAROLYN DEVRIES,
15 testified before the Yorkville City Council as
16 follows:
17 MS. DEVRIES: Carolyn Devries.
18 There is a lot of wildlife in there, a lot of
19 woods in there, beautiful trees.
20 MR. JAMES: So the sad part is
21 that's another area we cleared a bunch of trees
22 out for a subdivision and wildlife is -- it's got
23 no place to go right now.
24 MR. LESLIE: Yeah. I would agree in
Depo Court Reporting Service (630) 983 -0030
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1 terms of the maintenance and the character. I'm
2 very -- very envious of the Wildwood Estates. I
3 live right across the street.
4 If you look at the character
5 going from the east and the west, I think it's
6 worthwhile to preserve and work in tandem.
7 MR. KRAMER: Well, if you look at
8 Mike's plan along the separation between the
9 existing Crooked Creek -- Crooked Tree
10 subdivision and Wildwood, there is substantial
11 buffers there, so he's been very, very mindful of
12 that.
13 MR. LESLIE: Would it be possible,
14 too, if you look at the scope, is that an
15 entryway circle into Wildwood then, you have the
16 cul -de -sac coming south of the cul -de -sac, that
17 loop?
18 MR. SCHOPPE: Currently there is two
19 stubs for Wildwood, one is here and one is here,
20 so we would connect with those, but those would
21 be the only two access points or only two places
22 we connect to Wildwood.
23 MR. LESLIE: Sure. I guess you'd
24 have roughly, what are we looking at, a dozen
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34
1 lots north of that loop in terms of preservation,
2 cut it off there?
3 MR. SCHOPPE: If you extended a line
4 right there, this is the end of the woods, you're
5 asking how many lots would be in the wooded area?
6 MR. LESLIE: Right.
7 MR. SCHOPPE: Yeah, it's in that 12
8 to 15 lot range.
9 MR. LESLIE: Yeah. What I'm
10 speaking to is basically the scope of the
11 project. I don't know what the land value or
12 assessed land value, and if you were taking
13 half of the -- if we worked out some type of
14 financing, maybe there would be some more
15 willingness on the owners, we are not talking
16 about the entirety of the development, it can
17 still go through potentially with half the
18 development and save the entirety of the woodland
19 area, that's something to be very open to, and I
20 think that would be a nice meeting of the minds.
21 I'd like to see that. I'd like
22 to see the potential of that and know what the
23 economic impact would be.
24 MR. KRAMER: Well, I mean, we know
Depo Court Reporting Service (630) 983 -0030
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I
35
1 what the economic impact would be, and it would
2 be fairly heavy, but we're willing -- you know,
3 if you can come up with grants or something,
4 they're not looking to make money on that, just
5 to cover costs, but if there is some way to do
6 that, sure, we're willing to talk about that.
7 MAYOR PROCHASKA: I would like to
8 see something in the agreement that allows for
9 that.
I
10 MR. KRAMER: That we can word in, we
11 have no problem at all, but the cost is
12 substantial, frankly, from what they are paying
13 for the land, so --
14 MAYOR PROCHASKA: Yes. Rose.
15 MS. SPEARS: I would suggest that
16 our Staff talk to the Forest Preserve, the
17 Kendall County Forest Preserve District, our
18 Staff can maybe mention it to them, because there
19 are some grants out there right now.
20 MAYOR PROCHASKA: There is various
21 ones, and it seems like there is a lot of them
22 dealing with especially open space and
23 preservation of open space, so that's -- I'm
24 thinking there may be something like that.
Depo Court Reporting Service (630) 983 -0030
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1 MR. KRAMER: Well, and again, there
2 is -- certainly done them with the park board
3 before, the OSLAD Open Space Grant, but you've
4 got to be very, very careful because if it looks
5 like there is anything in the agreement that
6 requires the developer to do it, then it
7 automatically gets pitched out from an OSLAD
8 Grant because they treat it as well, they must,
9 not may.
10 Very good. Thank you. If
11 there is any other questions.
12 MAYOR PROCHASKA: Other questions?
13 (No Response)
14 MAYOR PROCHASKA: I'd entertain a
15 motion to close the public hearing.
16 MR. BOCK: So moved.
17 MR. WOLFER: Second.
18 MAYOR PROCHASKA: Moved and
19 seconded. May I have roll call, please?
I
20 MS. YOUNG: Bock.
21 MR. BOCK: Aye.
22 MS. YOUNG: Spears.
23 MS. SPEARS: Aye.
24 MS. YOUNG: Burd.
Depo Court Reporting Service (630) 983 -0030
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37
1 MS. BURD: Aye.
2 MS. YOUNG: James.
3 MR. JAMES: Aye.
4 MS. YOUNG: Wolfer.
5 MR. WOLFER: Aye.
6 MS. YOUNG: And Leslie.
7 MR. LESLIE: Aye.
8 MAYOR PROCHASKA: Motion is carried.
9 (Which were all the
10 proceedings had in
11 the public hearing
12 portion of the
13 meeting.)
14 --- 000 - --
15
16
17
18
19
20
21
22
23
24
Depo Court Reporting Service (630) 983 -0030
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1 STATE OF ILLINOIS )
ss:
2 COUNTY OF LASALLE )
3
4 CHRISTINE M. VITOSH, being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois;
8 That she reported in shorthand the
9 proceedings had at the foregoing public hearing;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said public hearing.
14 IN WITNESS WHEREOF I have hereunto set
I
15 my ha this 1/�y of
16 2007.
17
18
r
19 1 2
20 _
I TN I VITOSH, C S.R.
21 CSR License No. 084 - 002883
22
23
24
Depo Court Reporting Service (630) 983 -0030
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Depo Court Reporting Service (630) 983 -0030
40
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call 3:22, 36:19 Commission 5:5 cover 9:15, 35:5 21:19, 24:20
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Depo Court Reporting Service (630) 983 -0030
41
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Depo Court Reporting Service (630) 983 -0030
42
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Depo Court Reporting Service (630) 983 -0030
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name 4:19, 10:10, 19:11, 21:2, 25:23, PC 3:4 practical 18:20
10:15, 31:20, 32:12 25:24, 25:24, 26:18, people 9:22, 10:5, practice 4:20
Nature 18:20, 20:17 27:10, 27:20, 31:16, 27:8, 30:22 pre- existing 15:23
near 28:8 33:19, 33:19 per 28:18 presentation 9:20
neat 16:6 One - family 3:12 percent 16:12, 23:9, preservation 11:14,
need 6:10, 6:24, ones 35:21 23:10 11:14, 34:1, 35:23
i
De p o Court Reporting Service (630) 983 -0030
44
Preserve 27:13, 20:17, 27:5, 27:21, relative 21:24 sad 32:20
27:23, 29:7, 33:6, 31:8 remain 23:6 safety 14:12
35:16, 35:17 putting 15:21, 17:15, remember 24:19 save 34:18
preserved 9:1 22:23 removal 9:11 saws 29:23
preserving 9:8, removed 8:15, 31:21 saying 8:20, 13:18,
16:20 REPORT 1:6 16:11
private 7:5 < Q > reported 38:10 says 27:2, 38:7
Probably 7:7, 14:9, quarrel 15:4 Reporter 38:8 scheduling 12:14
17:13, 20:2, 21:13, quarter 22:16, represent 4:22, 20:3 SCHOPPE 9:3,13:2,
21:14, 23:8 22:19, 22:20 Representative 4:12 13:8, 15:1, 19:17,
problem 35:11 quasi 18:17 representing 20:9 19:20, 21:23, 22:13,
problems 24:18 question 19:12, requesting 3:8 22:18, 25:22, 33:18,
PROCEEDINGS 1:6, 21:10, 25:11, 27:7, require 9:11 34:3, 34:7
37:10, 38:11, 38:15 27:19, 28:3 required 26:14, scope 33:14, 34:10
process 5:24, 6:14, questions 6:15, 7:8, 26:24 se. 28:18
6:19 9:21, 10:2, 10:10, requires 36:6 sea 13:18
PROCHASKA 2:2, 12:11, 26:9, 27:11, Residence 3:12 Second 3:20, 15:17,
3:2, 3:21, 4:11, 10:4, 36:11, 36:12 residences 18:15 36:17
10:7, 12:4, 12:8, quick 6:3, 19:11 residential 5:21, secondary 22:24
16:21, 17:22, 26:6, 7:23, 8:7, 10:18, seconded 3:22,
26:8, 26:11, 27:5, 10:23, 15:22, 16:2, 36:19
27:18, 29:9, 30:3, < R > 19:1, 19:7, 25:17, section 10:18, 17:21
30:7, 31:10, 31:17, R -1 15:22, 15:23, 26:16, 26:22, 28:18 seeing 11:19
32:4, 32:11, 35:7, 18:3, 18:4, 18:7 residents 28:3, seems 35:21
35:14, 35:20, 36:12, R -2 3:9, 3:12, 15:24, 28:21 seen 5:9
36:14, 36:18, 37:8 16:1, 16:4, 18:7, Response 12:7, sell 7:4, 24:12
project 6:9, 34:11 18:10, 18:14 17:24, 26:7, 36:13 sense 23:2
property 3:15, 4:24, R -4 3:9 retention 9:16, 21:4 separate 27:22
5:22, 20:9, 22:1, range 31:7, 34:8 return 19:7 separation 33:8
22:2, 22:8, 22:12, rather 6:13, 9:15, rezoning 3:8, 15:19 Service 3:11, 6:23,
24:9, 25:4, 30:11 21:7 rid 18:22 7:1, 25:12
propose 7:4 read 5:1 Ridge 14:5 set 24:14, 38:16
provide 25:4 real 3:15 right -of -ways 17:14 setbacks 17:10
public 3:3, 4:12, 5:2, really 11:16, 19:5, righted 24:22 shaded 7:22
5:4, 6:18, 9:19, 20:18, 21:9, 22:11, Road 1:10, 15:6, shame 11:23
25:12, 25:12, 28:5, 28:17, 29:3 21:21 shape 16:20
28:6, 28:8, 30:21, rear 8:11, 16:14, roads 17:2 shaped 24:5
36:15, 37:11, 38:11, 20:22 roll 3:22, 36:19 share 30:24
38:15 recall 27:14 Rose 2:8, 35:14 shear 25:23
PUD 3:10, 3:13, 5:7, receive 6:12 roughly 33:24 Shorthand 38:8,
5:8, 7:21, 16:3, 18:9, recommended 5:6 round 8:21 38:10, 38:13
18:14 record 4:19, 5:17, Route 3:17, 3:17, show 6:7, 7:13,
purchase 17:8, 23:21 5:17, 5:18, 6:5, 14:23, 15:10
28:22 redirecting 21:4 14:24, 17:1 showed 31:4
purchasing 28:17 reduce 11:22 running 32:10 shown 18:14
purpose 3:4 refusal 30:9 side 6:1, 6:5, 18:4,
purposes 5:17 rehabilitation 15:14 19:15, 25:16, 25:17,
put 11:21, 16:15, relationship 22:3 < S > 31:21
Depo Court Reporting Service (630) 983 -0030
45
signals 26:4 10:10, 32:11, 38:1, tells 18:20 tried 24:24, 24:24,
significantly 9:16 38:8 ten -acre 11:20 25:2
single - family 7:6, station 21:8 terms 7:2, 20:1, trips 25:6
7:13 stay 26:17 20:5, 29:1, 33:1, 34:1 true 38:12
site 13:14, 18:23 step 13:2, 17:16 testified 4:16, 10:13, try 12:1, 20:21
sites 9:13 steward 10:20, 28:11, 32:15 trying 11:18, 20:21
six 8:13 11:17 themselves 9:10, turn 13:20, 14:5,
six -lane 17:21 stewards 7:15 30:24 17:3, 17:19
size 11:9, 31:1 stoplight 25:19 they'll 13:13, 13:15, turned 28:2
slide 15:3 stoplights 25:20 16:17 two 6:24, 9:6, 9:23,
small 19:6 stormwater 9:16, they've 11:4, 11:8, 27:19, 31:4, 33:18,
snow 11:5 20:20, 20:22 15:10, 15:10, 20:13, 33:21, 33:21
sold 7:12, 24:12 straighter 24:4 30:16 type 9:14, 34:13
someone 12:5, Street 4:22, 24:21, thinking 35:24
28:20 25:3, 33:3 third 15:17
sometimes 27:13 streetlights 25:20 thoughts 7:10, < U >
somewhere 22:9, strict 6:14 20:20, 29:10 Ultimately 6:23,
27:2, 32:5 structure 26:12 three 9:6 13:19, 14:17, 17:12,
sorry 10:6, 23:17 stubs 33:19 timing 12:16 25:9
sources 29:5 studies 12:18 tip 18:19, 19:6 unanimously 5:6
South 4:21, 5:18, study 13:15 together 18:19 undeveloped 19:20,
6:1, 6:5, 7:1, 19:1, subdivision 5:19, tonight 5:3 22:1
25:16, 33:16 5:21, 8:7, 14:13, top 31:15 unique 27:14, 30:14
southbound 14:6 18:3, 18:3, 27:9, totally 17:17, 18:22 United 1:2, 2:17, 3:7,
Space 21:19, 35:22, 30:21, 31:20, 32:22, touch 16:13 3:9, 3:10, 27:1
35:23, 36:3 33:10 town 6:1 unless 31:13
spacing 22:14, subdivisions 5:21, Township 26:1, 26:3 unlike 30:14
22:20, 25:1 19:1 trade -off 19:9 upsizing 16:17
speaking 34:10 substantial 31:6, trading 19:6 uses 3:11, 9:10,
SPEARS 2:8, 3:20, 33:10, 35:12 traffic 12:18, 13:15, 19:8, 20:23
4:7, 4:8, 35:15, successful 6:2 14:3, 14:15, 15:16, utilizing 21:4
36:22, 36:23 suggest 35:15 24:17, 26:4
specific 26:21 supposed 11:12, transcript 38:13
specifically 27:13 11:13 transition 26:15 < V >
spot 20:18 survey 11:5 TRAVIS 2:11 VALERIE 2:5
spots 15:21 surveys 11:3 Treasurer 2:10 Valley 4:24
spur 12:13 suspicion 24:3 treat 36:8 value 34:11, 34:12
square 8:5, 8:8, sworn 38:7 Tree 11:3, 11:14, various 35:20
10:23, 23:15 synergy 20:5, 21:14 33:9 velocity 15:9, 25:5
ss 38:2 trees 7:24, 8:13, Ventures 3:5, 4:23
Staff 5:11, 7:20, 8:3, 8:14, 9:8, 9:11, view 24:9
16:16, 35:16, 35:18 < T > 10:22, 11:6, 11:9, virtually 16:12
stand 29:19 Taker 2:13 11:9, 23:11, 23:12, VITOSH 1:8, 38:6,
standard 22:20 talked 5:15, 8:2, 23:23, 27:14, 29:20, 38:23
standpoint 28:16 16:16, 26:16, 26:18 30:15, 30:18, 30:24,
stands 27:14 talks 26:13 31:2, 31:4, 31:6,
starting 6:3 tandem 33:6 31:7, 31:21, 31:23, < W >
State 4:20, 6:12, task 20:8 32:3, 32:19, 32:21 wanted 8:19, 24:11
i
Depo Court Reporting Service (630) 983 -0030
46
wants 28:6 word 21:14, 35:10
warrants 13:15, wording 27:21
13:20, 16:6, 25:5 words 9:5, 15:8,
week 7:20 16:1, 17:13, 18:15,
west 3:16, 5:22, 33:5 21:3, 24:24
whatever 11:5, 25:21 work 11:24, 12:1,
Wheaton 27:16 12:2, 20:21, 27:24,
WHEREOF 38:16 33:6
WHEREUPON 4:14, worked 27:12, 34:13
10:11, 28:9, 32:13 works 22:13, 24:3,
whether 6:19, 30:8 25:13
WHOLE 1:1, 28:20, worthwhile 33:6
28:22 WYETH 2:16
widen 17:2
width 17:14
wildlife 32:18, 32:22 <Y>
Wildwood 5:20, year 14:2, 31:7
7:14,10:17, 27:9, years 24:10, 29:20,
28:4, 33:2, 33:10, 30:16
33:15, 33:19, 33:22 yellow 7:4
will 6:22, 9:1, 9:11, Yorkville 1:2, 1:10,
9:16, 13:20, 16:18, 2:18, 3:7, 3:9, 3:10,
22:7, 22:14, 22:16, 3:18, 4:16, 4:22,
22:19,24:4,24:4, 10:13, 11:19, 27:1,
25:9, 25:18, 28:22 28:11, 32:15
WILLIAM 2:10 YOUNG 2:13, 3:23,
willing 7:16, 8:22, 4:1, 4:3, 4:5,4:7, 4:9,
16:12,16:15, 27:20, 36:20, 36:22, 36:24,
28:14, 35:2, 35:6 37:2, 37:4, 37:6
willingness 34:15
Windett 14:5
within 13:10 < Z >
without 24:14 zoning 3:10, 5:6,
WITNESS 38:16 6:2, 18:7, 18:11,
WOLFER 2:6, 4:1, 19:15
4:2, 36:17, 37:4, 37:5
wonderful 30:22
wondering 18:6, < Dates >
20:1 december 19, 2006
wooded 7:22, 8:16, 1:8, 1:8, 1:9
10:22, 27:11, 34:5
woodland 8:24,
11:1, 11:20,11:24,
23:6, 27:24, 30:14,
30:20, 31:1, 34:18
woods 29:2, 32:19,
34:4
Woodstone 19:2
Depo Court Reporting Service (630) 983 -0030
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