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Plan Commission Minutes 2008 09-10-08 Page 1 of 5 APPROVED 11/12/08 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CHAMBERS Wednesday, September 10, 2008 7:00pm Chairman Anne Lucietto called the meeting to order at 7:05pm. Roll Call: Sandra Adams Brian Schillinger Jack Jones Tom Lindblom (arr. 7:08pm) Clarence Holdiman Anne Lucietto Absent: Jeff Baker, Charles Kraupner, Michael Crouch Other Citv Staff: Travis Miller, Community Development Director Stephanie Boettcher Guests: Matt Schury, Kendall County Record Dallas Ingemunson, Attorney Loren Miller Jim Koziol, Koziol Engineering Dawn Fitzgerald Dan Kramer, Attorney Clayton Marker, Marker Inc. Lynn Dubajic, YEDC Lynette Neal, Depo Court Mason Oliver, HRM Minutes: None Chairman Lucietto swore in those who would be speaking during the Public Hearings. Public Hearings: 1. PC 2008 -18 Richard Marker Associates was continued from the August 13, 2008 meeting. They filed an application requesting a special use from B -3 Service Business District to Special use for a drive through on property located at 728 E. Veterans Parkway. A motion was made by Schillinger and seconded by Holdiman to re -open the Hearing. Unanimous approval by voice vote. (See Court Reporter's Transcript) The Public Hearing was closed on a motion by Adams and second by Jones. Passed on unanimous voice vote. i Page 2 of 5 Discussion The traffic patterns were discussed and a nearby resident, Dawn Fitzgerald, noted that traffic in and out of Blackstone Restaurant is often confused. Signs will be erected to direct traffic according to Clayton Marker. Travis Miller presented the staff report and said this is the first drive - through to be processed under the new ordinance. One of his recommendations was to place directional signage off Farmstead. Action Item 1. Special Use Schillinger made a motion to approve PC 2008 -19 subject to staff recommendations. Jones seconded the motion. Roll call vote: Adams -aye; Schillinger -aye; Jones -aye; Lindblom -aye; Holdiman-aye; Lucietto -aye. Motion passed unanimously. i i 2. PC 2008 -19 Urness Land Company filed an application requesting annexation and rezoning from Kendall County B -3 Business District to Planned Unit Development zoning. The property consists of approximately 2 acres located at 9316 Route 34. The Public Hearing was opened on a motion and second by Holdiman and Jones, respectively. Passed unanimously on a voice vote. (See Court Reporter's Transcript) The Hearing was closed following a motion by Jones and second by Adams. Approved unanimously on a voice vote. Discussion This property is located where the current playground sales are located on Rt. 34 east of Rt. 47. The motel -like structure in the rear, would be demolished and Star European Imports wishes to construct a business here. Attorney Kramer commented that the client would like to hook up to sewer if the property to the north of Rt. 34 develops in the future, but would have septic at this point. The staff report supports a sanitary lift station rather than septic. Travis also discussed setbacks since this is a PUD. Appearance code compliance is also recommended. Action Items i. Annexation Lindblom made a motion to recommend annexation subject to staff comments. Jones seconded this motion and it passed unanimously on a roll call vote: Schillinger -aye; Jones -aye; Lindblom -aye; Holdiman-aye; Adams -aye; Lucietto -aye. Page 3 of 5 ii. Zoning Lindblom moved and Adams seconded a motion to accept the zoning. It passed on a unanimous roll call vote: Jones -aye; Lindblom -aye; Holdiman-aye; Adams -aye; Schillinger -aye; Lucietto -aye. New Business: 1. PC 2008 -21 Loren Miller filed an application requesting a Mile and % Review. The property consists of .753 acres currently zoned Kendall County A -1 Agricultural and zoning being sought is M -1 limited manufacturing district. Attorney Dallas Ingemunson said his client has contracted a sale of this property. Owner Loren Miller said the upper portion of his property is zoned M -1 with the County and the other portion is zoned Ag -1. He explained that there are 2 legal parcels with 2 tax bills. In staff comments, Travis noted that legal access could be an issue if either parcel was sold. This property is adjacent to City property at this time, however, City water and sewer are currently not available in this area and therefore staff did not recommend annexation at this time. If the City annexes the property, the question arises as to where the front yard would be located. Action Item i. Mile and % Review A motion was made by Lindblom to recommend acceptance of the change from Ag to M -1. Jones seconded and the motion passed unanimously on a roll call vote: Lindblom - aye; Holdiman-aye; Adams -aye; Schillinger -aye; Jones -aye; Lucietto -aye. Additional Business: 1. Cannonball Trail PUD Amendment Discussion — Request for City Council Response Chairman Lucietto recapped a discussion at last month's meeting when the Commissioners voted to request a response from City Council members who approved a gas station at the corner at Rt. 34 and Cannonball. This action followed a negative recommendation by the Plan Commission. This vote was determined to be improper due to the item not being on the agenda. Some of the comments included: the Plan Commission reports to the City Council and should not ask for a response. Safety, health and lighting were of great concern in the discussion and the vote did not speak well for the way the system should operate. Other comments included: the time spent on the committee was wasted in the final outcome- - at one time there was a legal challenge regarding this property and then the City Council subsequently voted to approve the gas station. Many of the current Council members were not on the Council during the various talks about this property. This needs to be brought to the public's attention. it Page 4of5 After much discussion, it was decided that Council members will be asked to come to a Plan Commission meeting for a face to face discussion. Chairman Lucietto will issue a formal invitation to the Mayor and Councilmen to attend the next meeting. 2. Steering Committee Make -up for Zoning Ordinance At the previous meeting a steering committee was suggested to assist with the Zoning Ordinance revision. The list was reduced in committee member numbers and recommendations were made as to the make -up since this is a more technical document. It will take approximately 6 -9 months for the revision. It is hoped the committee can initially meet in October. On a motion by Jones and second by Schillinger, a formal recommendation was made that the list of suggested committee members and additions for the steering committee, is approved. Roll call vote: Lindblom -aye; Holdiman-aye; Adams -aye, Schillinger -aye; Jones -aye; Lucietto -aye. Unanimous approval. Additional Business: Chairman Lucietto will be attending a Plan Commission workshop on October 18 A volunteer for a November 8 th workshop was requested. She will ask the City to contact each Commissioner at a later time, regarding their availability. Kane County will be holding a workshop on September 24th regarding transit system improvement. Travis said a City staff may send a representative. The Planning Consortium will hold a meeting on September 18 at 7pm and the topic is "water ". The Comp Plan will be presented on October 28 Commission members are invited to attend. Stephanie Boettcher said that the Economic Development Committee asked for modifications to the proposed commuter rail station in the Comp Plan. They requested it be located near a more densely populated area. They also requested less buffer and more mixed use. They will review it again in October at their monthly meeting. This item will be placed on the next Plan Commission agenda. Travis commented on the newsletter "Connections" that was handed out during Hometown Days. The content consists of information about the Integrated Transportation Plan. The funding is 80% state /federal and 10% from the City. Two components are being examined: 1) Trail system and 2) Streetscape. An on -line survey can be completed regarding this study. Page 5 of 5 Lynn Dubajic reported on businesses that will be opening soon. She is also working with other potential retailers. Lindblom requested Plan Council minutes since some of those items eventually come before the Plan Commission. He asked for more specifics about locations of some of those developments. There was no further business and the meeting was adjourned on a motion and second by Jones and Schillinger respectively. Unanimous approval on a voice vote. Meeting adjourned at 8:25pm. Minutes by Marlys Young, Minute Taker I I �I i United City of Yorkville 800 Game Farm Road - 1836 Yorkville, Illinois 60560 Telephone: 630 -553 -4350 0 Fax: 630 -553 -7575 PLEASE SIGN IN MEETING: 1 a 11 C gym, 1n ;,s a; o DATE: 9` j0--'?P NAME COMPANY PHONE NUMBER A c '--A 5 1 rtl cc '11 q 4 S tk JT i j S - S -- Z � Z / v,2e Al ae'e 3 l 7 3 8 l `7 l✓ 3 �( UNITED CITY OF YORKVILLE, ILLINOIS MEETING OF THE PLAN COMMISSION i I REPORT OF PROCEEDINGS taken at the i meeting of the Yorkville Plan Commission for the United City of Yorkville, taken on September 10, 2008, at the hour of 7:00 p.m., before Lynette J. Neal, C.S.R., at 800 Game Farm Road, Yorkville, Illinois. D- 856408 REPO • COURT reporting service DUPAGE COUNTY KANE COUNTY 1212 S. Naper Blvd., Ste. 119 -185 630 - 983 -0030 • Fax 630 - 907 -9710 1051 Ketel Ave. Naperville, IL 60540 Email: depocourt@comcast.net North Aurora, IL 60542 2 1 PRESENT: 2 MS. ANNE LUCIETTO, Chairman, 3 MR. BRIAN SCHILLINGER, 4 MR. TOM LINDBLOM, 5 MR. JACK JONES, 6 MR. TRAVIS MILLER, 7 MS. SANDRA ADAMS, 8 MR. CLARENCE HOLDIMAN, 9 MS. MARLYS YOUNG. 10 - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 3 1 (Whereupon a portion of the 2 hearing was had but not 3 herein transcribed.) 4 CHAIRMAN LUCIETTO: Okay. Do we have a 07:03PM 5 notion to reopen the public hearing for 6 PC 2008 -18, Richard Marker Associates. 7 MR. SCHILLINGER: I'll entertain the 8 motion. 9 MR. HOLDIMAN: So moved. 07:03PM 10 COMMISSION MEMBER: Second. 11 CHAIRMAN LUCIETTO: I hear a motion and 12 a second. All in favor, aye? 13 (Chorus of ayes.) 14 CHAIRMAN LUCIETTO: Not in favor, 07:03PM 15 nay? 16 (No response.) 17 CHAIRMAN LUCIETTO: Okay. The public 18 hearing for Richard Marker Associates is open. 19 MR. MARKER: Do you want me to start? 07:03PM 20 CHAIRMAN LUCIETTO: Yes, please. State 21 your name and where you live. 22 AUDIENCE MEMBER: I apologize for my 23 informal attire but I came straight from soccer 24 practice. My name is Clayton Marker. I am here DepoCourt Reporting Service (630) 983 -0030 4 1 representing Marker & Associates, and we have 2 submitted for a special use for a drive - through on 3 our retail site. We have a 29,000 square foot 4 strip center behind Blackstone that, you know, 07:04PM 5 back when we started the building it went in for 6 permit, we grappled with doing one, not doing one, 7 and we opted to not do it. And of course what 8 happens when you do that, we have a tenant that 9 came to us that needed a drive - through. 07:04PM 10 So we are here asking for -- with a 11 request for special use for the drive - through on 12 the east end of the property, the east end of the 13 side. We have met with plan council, with Travis 14 and Eric Dhuse, and gone through a number of their I 07:04PM 15 comments and resubmitted off of their comments I 16 think to a point where the people on the plan 17 council are pretty comfortable. We tried to 18 address all of the concerns that they had, whether 19 it be signage, traffic patterns, proper stacking. 07:04PM 20 The tenant that we are dealing with 21 is a coffee shop, so the stacking that we would 22 need is four cars. Based upon your ordinance we 23 have had the appropriate spacing and have worked 24 with the plan council to make that work. We have I DepoCourt Reporting Service (630) 983 -0030 5 1 located on the new plan -- hopefully I think a lot 2 of you have the new plan. I have reduced copies 3 if you would like to see them if you don't have 4 them in your packets. 07: O5PM 5 MR. MILLER: If you have some copies, we 6 will see them. 7 MR. MARKER: They are reduced. That's 8 the one, yep. A lot of the comments that a lot of 9 the plan council brought up, this end of the 07:05PM 10 building, because of the spacing that we have, we 11 took that side of the building and made it one way 12 and did that with a lot of signs, the do- not -enter 13 signs and the no- left -turn signs that we see at 14 the rear of the building that you see at the 07:05PM 15 southeast corner. We have located where our 16 menu /order sign would be at the southeast side of 17 the building down that corner. We have addressed 18 where the out is for the drive - through lane on the 19 east side there, coming out kind of perpendicular 07:06PM 20 to that traffic pattern and then eliminating a few 21 parking spots so we don't get into anyone coming 22 out and one coming out in that spot. 23 CHAIRMAN LUCIETTO: Is there anyone in 24 the audience that has any comments or questions? DepoCourt Reporting Service (630) 983 -0030 6 1 Did you swear in? 2 MS. FITZGERALD: Yes. 3 CHAIRMAN LUCIETTO: State your name and 4 your address for the record. 07:06PM 5 MS. FITZGERALD: Dawn Fitzgerald, 649 6 Hartland Drive. We have some concerns about the 7 traffic patterns. Blackstone is there and it has, 8 you know, caused a lot of people to be doing 9 U -turns into the subdivision, U -turns around the 07:07PM 10 large median that's there. I'm sure the City is 11 aware how many times the sign has been knocked 12 down by people. 13 We want to know about the traffic 14 patterns and what we are going to do to make sure 07:07PM 15 that -- you know, having a drive - through is going 16 to increase traffic patterns. There is a dance 17 school and a daycare there as well and just the 18 increased traffic into the subdivision. 19 MR. MARKER: I think having those three 07:07PM 20 access points into the site and especially having 21 that full access off of Route 34 is going to be 22 the main in and out for that property. The people 23 going eastbound, they will come in off of McHugh 24 and come onto Farmstead, like a lot of people do. DepoCourt Reporting Service (630) 983 -0030 7 1 I don't see a whole lot of access from the 2 subdivision. 3 I live probably a thousand feet 4 away from there as well, and I see the traffic 07:07PM 5 coming through every now and then, but I don't see 6 this as a real potential back on Hartland Drive at 7 all. 8 MS. FITZGERALD: We see it as a 9 potential issue as far as the -- I mean, getting 07:08PM 10 into the subdivision, you know, you are driving 11 behind somebody and there is a sudden stop because 12 they are doing U -turns because there is no access 13 to get into -- they don't realize there is access 14 on Farmstead to get into the complex. So that's 07:08PM 15 where the issue is coming in. 16 You know, there is so many people 17 and nobody knows that there is an entrance off of 18 34, and if you are turning onto McHugh, people 19 take it for granted there is an entrance there. 07:08PM 20 You have to turn onto Farmstead, they don't know 21 that. There is constant traffic doing U -turns all 22 over, so putting the drive - through in is going to 23 increase that and increase people not knowing 24 where they are going. It is a bizarre traffic DepoCourt Reporting Service (630) 983 -0030 8 1 pattern if you live over there to watch people go 2 in and out, especially during pickup times during 3 daycare, in the morning, the afternoon, weekends, 4 I mean, you can sit there for hours and the 07:09PM 5 traffic patterns there are just -- you know, it is 6 just something -- it is just not safe for a lot of 7 people to be going in and out through there 8 because people are confused about the entrance and 9 exits. 07:09PM 10 CHAIRMAN LUCIETTO: Are there any other 11 questions from anyone else? 12 MS. FITZGERALD: Thank you. 13 MR. MARKER: There is an entrance sign 14 that Blackstone put in there that will be lit at 07:09PM 15 night. 16 CHAIRMAN LUCIETTO: There is no one else 17 with any comments? I will entertain a motion to 18 close the public hearing. 19 MS. ADAMS: So moved. 07:09PM 20 MR. SCHILLINGER : Second. 21 CHAIRMAN LUCIETTO: All in favor say 22 aye? 23 (Chorus of ayes.) 24 CHAIRMAN LUCIETTO: Not in favor, nay? DepoCourt Reporting Service (630) 983 -0030 9 1 (No response.) 2 CHAIRMAN LUCIETTO: So moved. We will 3 move on to the other public hearing -- I suppose 4 we can do that. Let's talk about it for a little 07:IOPM 5 bit first. Dan, hang on. We are going to do the 6 action -- we will do the action on this one first. 7 (Whereupon a portion of the 8 hearing was had but not 9 herein transcribed.) 07:19PM 10 CHAIRMAN LUCIETTO: Now we are moving 11 onto PC 2008 -19, the Urness Land Company. Do we 12 have a motion to open the public hearing? 13 MR. HOLDIMAN: So moved. 14 MR. SCHILLINGER: Second., 07:19PM 15 CHAIRMAN LUCIETTO: All in favor, aye? 16 (Chorus of ayes.) 17 CHAIRMAN LUCIETTO: Not in favor, nay? 18 (No response.) 19 MR. KRAMER: Good evening. My name is 07:19PM 20 Daniel J. Kramer. My address is 1107A South 21 Bridge Street, Yorkville, Illinois. I am an 22 attorney licensed to practice law in the state of 23 Illinois, and I represent the co- petitioners, 24 Urness Land Company and Star European Imports. It DepoCourt Reporting Service (630) 983 -0030 10 1 is the same folks but, again, they own the land 2 and the LLC and operate the business under a 3 different name. Basically this property you 4 probably remember driving by for years on the 07:20PM 5 south side of Route 34 was where Dick Aubry had 6 the playground equipment company. It was turned 7 inwards so it was kind of an awkward commercial 8 setting. And then behind the main building and a 9 smaller building where he had the playground 07:20PM 10 equipment there were some old apartments that I'm 11 sure started out as an old hotel long before 12 probably any of us were around. 13 The ultimate plan on this is to 14 knock down the old building and get.rid of the 07:20PM 15 apartments and hopefully at some future date -- we 16 showed it on the original plan -- add another 17 office building so it would be a nice attractive 18 addition to the gateway of the City. 19 This property has kind of slid 07:21PM 20 through the cracks over the years. Going all the 21 way back to when Bob Bateman was mayor in 1 82, I I 22 think we brought in -- you guys sat here for all 23 of them -- 39 parcels at that intersection in 24 annexation. This one we could never talk to the DepoCourt Reporting Service (630) 983 -0030 I 11 1 prior owner, never brought it in. Dick did bring 2 it in. And the real difficulty with it -- and our 3 engineer, Jim Koziol, for the record, tonight is 4 here to talk about the layout of it -- has always 07:21PM 5 been sanitary sewer. There is sewers a length 6 away on each side, actually right to the west now, 7 but they literally come up out of the ground when 8 it gets anywhere close to there so you have never 9 been able to hook the sanitary and entice the 07:21PM 10 owners to come in. 11 We think we can either do a small 12 pump and pump to the west, because we are not a 13 big user of water, particularly waste when we get 14 rid of the apartments. That's probably the most 07:21PM 15 practical solution. We just have to work out 16 details and see whether the sanitary district and 17 the City would in effect have us have a private 18 little lift station there. If not, we can make it 19 through on the septic system that we have now 07:22PM 20 until we knock down the apartments, but at some 21 point it is best to get the City utilities. Water 22 is on that new strip center to the west of us so 23 we are going to hook to water from day one. 24 It is a nice one. I'm really sad DepoCourt Reporting Service (630) 983 -0030 12 1 that Michael Crouch is not here tonight. I like 2 appearing in front of you when we have no children 3 to bring into the schools. This one is a win /win 4 for the City because with the type of product they 07:22PM 5 sell, there is a boatload of sales tax on these 6 cars and they have gotten to be kind of a business 7 that people come from all over the Chicago area as 8 far as parts business too. So it is great revenue 9 for the City, we don't think any kind of a 07:22PM 10 detriment on City services. 11 We are asking for a positive 12 recommendation to annex the property and then zone 13 it under your PUD ordinance. And, again, this 14 one, as all of you have driven by over the years, 07:23PM 15 it doesn't lend itself to straight zoning well at 16 all because the building's up near the street, the 17 setbacks aren't what we would be doing if we are i 18 doing a brand -new subdivision, and it needs tender 19 loving care because it is an as -is parcel. 07:23PM 20 The one thing we can promise you, 21 based on our expert, his firm is going to be doing 22 a remodel with an addition to it so it will look 23 an awful lot nicer after they are done and they 24 have knocked down the smaller building in the DepoCourt Reporting Service (630) 983 -0030 I 13 1 front that was kind of an eyesore. 2 So I will be happy to answer any 3 questions the public has and myself and if you do, 4 and then what I would like to do is have Jim 07:23PM 5 Koziol give you the before and we have already 6 made some changes to the plan based on staff -- I 7 mean plan council's recommendation. 8 CHAIRMAN LUCIETTO: Anybody have any 9 questions for Dan? Why don't you go ahead and do 07:24PM 10 the report. Thank you. 11 MR. KOZIOL: Good evening. I'm Jim 12 Koziol. I am the consulting engineer on the 13 project. You know, the drawing that you have in 14 your packet, the only difference between this 07:24PM 15 drawing and that drawing at this point is that we 16 removed the parking along the west edge here 17 because it is a -- you know, we were within five 18 feet of the, you know, side setback and after 19 talking to the owner and having this display area I 07:24PM 20 out in front, it was pretty easy to, you know, get 21 rid of that. 22 On the east side we really couldn't 23 get -- you know, we originally talked about 24 removing all of the parking on that side but this DepoCourt Reporting Service (630) 983 -0030 14 1 area where it is a proposed addition is another 2 change. The addition you see on here is about a 3 24 -by -72 foot addition. What we are going to end 4 up doing is building the addition and squaring off 07:24PM 5 the entire building. Just looking at it and the 6 logistics of having cars in the showroom, the 24 7 feet wasn't big enough to really maneuver in that 8 area. 9 The problem that the owner had is 07:25PM 10 he really wanted to keep some parking along this 11 side because his customers -- you know, this is 12 the main showroom. He has got service back here, 13 some detailing back in this corner, so most of his 14 customers are going to enter and park on this 07:25PM 15 northeast corner, and to have the -- we are 16 required to have two handicap spaces as close to 17 the entrance as possible, that left us with really 18 no parking up there. So he wanted to -- he would 19 have liked to keep all of the parking along this 07:25PM 20 edge but, you know -- you know, in discussions we 21 ended up turning those parking spaces into eight 22 parallel spaces and he will have that here for 23 overflow. He says on Saturdays he will have as 24 many as 20 cars in there at one time, you know, DepoCourt Reporting Service (630) 983 -0030 15 1 customers. So we have plenty of parking at this 2 point for him to have his cars on display out 3 front, some in the showroom, a few over here in I 4 storage, and still have parking for customers. 07:26PM 5 The sanitary is actually located 6 behind the strip center here to the west. An 7 easement already exists, a utility easement 8 already exists, to our property, so we can take 9 the waste that now goes into the septic field into 07:26PM 10 the northwest section here, route that through, 11 and put it into a lift station and pump it into 12 that sewer. 13 Detention, once this building is 14 here we are proposing to put stormwater back here. 07:26PM 15 It is kind of a low area and route it through this 16 storm sewer that currently exists along that west 17 side. That's about it. 18 CHAIRMAN LUCIETTO: Does anybody have 19 any questions? 07:26PM 20 MR. JONES: Dan, you have a concept plan 21 of what you think it might look like or what you 22 are thinking it might look like? 23 MR. KOZIOL: Not yet. Dan? 24 MR. KRAMER: They have done mechanical DepoCourt Reporting Service (630) 983 -0030 16 1 drawings as far as it but not a, you know, nice 2 color drawing. 3 MR. TOSHAK: Are they going -- 4 CHAIRMAN LUCIETTO: Name? 07:27PM 5 MR. TOSHAK: Andrew Toshak, 1025 and 6 1015 McHugh, so we share the back of the lot line 7 with this development and then we have footage on 8 McHugh. Is -- the second building, is there like 9 going to be a two -story building or one -story 07:27PM 10 building? 11 MR. KRAMER: Actually, with the second 12 one they are going to have to come back with the 13 PUD ordinance and show all the elevations. They 14 don't have a particular plan on that yet, but, 07:27PM 15 again, we did want to show that eventually they'll 16 would get rid of those apartments and they 17 would -- looks like the footprint could be 18 two - story, we just don't know yet. 19 MR. JONES: Would the lift station be up 07:28PM 20 to city standards, be privately maintained though? 21 MR. KRAMER: Well, it definitely would 22 be city standards, but at least judging from the 23 past, we don't think the governmental agencies 24 want to take a small station like that so, you are DepoCourt Reporting Service (630) 983 -0030 17 1 right, it would be privately owned, privately 2 maintained. 3 CHAIRMAN LUCIETTO: I entertain a motion 4 to close the public hearing. 07:28PM 5 MR. JONES: I'll make that motion. 6 CHAIRMAN LUCIETTO: Thank you. Second? 7 MS. ADAMS: Second. 8 CHAIRMAN LUCIETTO: All in favor, aye? 9 (Chorus of ayes.) 10 CHAIRMAN LUCIETTO: Not in favor, nay? 11 (No response.) 12 CHAIRMAN LUCIETTO: Public hearing is 13 closed. 14 (Whereupon a portion of the 15 hearing was had but not 16 herein transcribed.) I 17 - - - 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 18 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF DU PAGE ) 3 I, Lynette J. Neal, a Certified 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above - entitled cause and that the 7 foregoing Report of Proceedings, Pages 3 through 8 17, inclusive, is a true, correct, and complete 9 transcript of my shorthand notes so taken at the 10 time and place aforesaid. 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit, nor am I in any way related 14 to any of the parties to this suit,.nor am I in 15 any way interested in the outcome thereof. 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof, signed and 19 certified under my hand only. I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction. 22 23 24 DepoCourt Reporting Service (630) 983 -0030 19 1 In testimony whereof, I have 2 hereunto set my hand this 1st day of October, 3 A.D., 2008. 4 5 6 Ly ette J. Neal 7 CSR No. 084 - 004363 8 i 9 10 11 i 12 13 14 15 16 I 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 annex (1l - 12:12 care [1] - 12:19 14:13, 14:15 13:22 annexation (1l - 10:24 cars (51- 4:22, 12:6, correct ill - 18:8 eastbound ill - 6:23 10:21 annexed (1] - 18:17 14:6, 14:24, 15:2 council lal - 4:13, easy 111 - 13:20 1 U answer I1] - 13:2 caused Ill - 6:8 4:17, 4:24, 5:9 edge 121 - 13:16,14:20 apartments 151 - center 131 - 4:4, 11:22, council's 111 - 13:7 effect 111 - 11:17 084-004363111- 19:7 10:10, 10:15, 11:14, 15:6 counsel 12] - 18:12 eight Ill - 14:21 11:20, 16:16 certificate 111 - 18:17 COUNTY 111 - 18:2 either (11- 11:11 apologize Ill - 3:22 certified lit - 18:19 course (11 - 4:7 elevations 111 - 16:13 10 Ill- 1:11 appearing Iii - 12:2 Certified ill - 18:3 cracks 111 - 10:20 eliminating (11 - 5:20 1015 i1] - 16:6 applies 11l - 18:17 certify 13) - 18:4, Crouch 111 - 12:1 end 141 - 4:12, 5:9, 1025 Ill- 16:5 appropriate ili - 4:23 18:11, 18:16 CSR(1] - 19:7 14:3 1107A Ill - 9:20 area (51- 12:7, 13:19, Chairman 111 - 2:2 customers [a] - 14:11, ended (11- 14:21 17111 - 18:8 14:1, 14:8, 15:15 CHAIRMAN 123] - 3:4, 14:14, 15:1, 15:4 engineerl21 - 11:3, 1 st i1] - 19:2 as -is ill - 12:19 3:11, 3:14, 3:17, 13:12 Associates 131 - 3:6, 3:20, 5:23, 6:3, 8:10, p enter 121 - 5:12, 14:14 3:18, 4:1 8:16, 8:21, 8:24, 9:2, 13 e 1 - 3:7, entertain in [3 assume f1 - 18:19 9:10, 9:15, 9:17, Dan [4] - 9:5, 13:9, 2 01 1 1 14:24 attire 11] - 3:23 13:8, 15:18, 16:4, entice [1] - 11:9 2008121- 1:12, 19:3 15:20, 15:23 attorney 111- 9:22 17:3, 17:6, 17:8, dance 11] - 6:16 entire 11] - 14:5 2008 - 18 111- 3:6 attractive 111 - 10:17 17:10, 17:12 entitled Ill - 18:6 2008-19111- 9:11 Aubry i1] - 10:5 change 11l - 14:2 Daniel (11- 9:20 date 1 10:15 entrance (51 - 7:17, Ill 24111 - 14:6 audience 1 5:24 changes (1l - 13:6 [ 1 24-by-72 14:3 Dawn (1l - 6:5 7:19, 8:8, 8:13, y AUDIENCE 111- 3:22 Chicago (1l - 12:7 daycare i2] - 6:17, 8:3 14'17 29,000111- 4:3 aware 111 - 6:11 children (1l - 12:2 y equipment 121 - 10:6, awful 11l - 12:23 Chorus (al - 3:13, dealing (1l - 4:20 definitely 111- 16:21 10:10 3 awkward i1] - 10:7 8:23, 9:16, 17:9 Eric [11- 4:14 CITY 1 3111- 18:7 aye (a] - 3:12, 8:22, Ill 1:1 detailing ill - 14:13 especially [2] - 6:20, 34 (3] - 6:21, 7:18, 9:15, 17:8 city lz] - 16:20, 16:22 details 11] - 11:16 I 8:2 Detention 11] - 15:13 10:5 ayes lal - 3:13, 8:23, City (e1- 1:11, 6:10, detriment 11] - 1210 European Ill - 9:24 : 39111 - 10:23 9:16, 17:9 10:18, 11:17, 11:21, develoment evening (2] - 9:19, p 111 12:4,12:9,12:10 13:11 1 - 2:8 16:7 CLARENCE 6 B Ill eventually 111 - 16:15 Dhuse Clayton Ill - 3:24 ill - 4:14 exists (3] - 15:7, 15:8, 649 (1] - 6:5 based (21 - 12:21, 13:6 I Dick 121 - 10:5, 11:1 Based (1] - 4:22 close lal - 8:18, 11:8, difference Ill - 13:14 15'16 7 Bateman 11l - 10:21 14:16, 17:4 different (1l - 10:3 exits 11] - 8:9 closed 111 - 17:13 expert I1] - 12:21 ' behind (a1- 4:4, 7:11, difficulty 11] - 11:2 j eyesore (1] - 13:1 7:0011] - 1:12 co Ill - 9:23 10:8, 15:6 direction (1] - 18:21 - - - - -- co- petitioners [1] - best 111- 11:21 discussions i1] - F $ between [1] - 13:14 !coffee 11] - 4:21 14:20 800 Ill - 1:13 big 121 - 11:13, 14:7 color (11 - 16:2 display 121 - 13:19, far 131- 7:9, 12:8, 16:1 - -- bit 1 1 l - 9:5 15:2 Farm 111 - 1:13 comfortable 111 - 4:17 A bizarre (1] - 7:24 district Ill - 11:16 Farmstead [31- 6:24, Am ( 3 1 - 4:4 coming (51 - 5:19, (11- 19:3 (, 5:21,5:22,7:5,7:15 do- not -enter 111- 5:12 7:14, 7:20 able Ill - 11:9 6:7, 8:14 comments 151 - 4:15, done 121- 12:23, favor 181- 3:12, 3:14, above- entitled 111 - boatload Ill - 12:5 5:8, 5:24, 8:17 15:24 8:21, 8:24, 9:15, 18;6 Bob 111- 10:21 commercial 111 - 10:7 down 151 - 5:17, 6:12, 9:17, 17:8, 17:10 access 151 - 6:20, brand (11- 12:18 10:14,11:20, 12:24 feet 13) - 7:3, 13:18, 6:21, 7:1, 7:12, 7:13 i brand -new 111 - 12:18 COMMISSION (2l - 1:5, 3:10 j drawing lal - 13:13, 14:7 accuracy Ill - 18:20 BRIAN [11 - 2:3 13:15, 16:2 few 12] - 5:20, 15:3 om I action (zl - 9:6 Bridge 111 - 9:21 Cmission 111- o m drawings 111 - 16:1 field ill - 15:9 ADAMS 131 - 2:7, 8:19, bring 121 - 11:1, 12:3 Company [21- 9:11, Drive 121 - 6:6, 7:6 firm 11l - 12:21 17:7 brought 131 - 5:9, 9 drive i61 - 4:2, 4:9, first (2l - 9:5, 9:6 add 11l - 10:16 10:22, 11:1 company ill - 10:6 4:11, 5:18, 6:15, FITZGERALD 141 - addition 181 - 10:18, building 1181 - 4:5, complete [1] - 18:8 7:22 6:2, 6:5, 7:8, 8:12 12:22,14:1, 14:2, I 5:10, 5:11, 5:14, drive-through 181 - Fitzgerald (1l - 6:5 14:3,14:4 5:17, 10:8, 10:9, complexl concept (1] l - - 155:2:2 0 4:2, 4:9, 4:11, 5:18, five Ill - 13:17 address (3) - 4:18, 10:14, 10:17, 12:24, concerns (21 - 4:18, 6:15, 7:22 folks (1] - 10:1 6:4, 9:20 14:4, 14:5,15:13, 6:6 driven 111 - 12:14 foot (2l - 4:3, 14:3 addressed 11l - 5:17 16:8, 16:9, 16:10 confused 111 - 8:8 driving 121 - 7:10, 10:4 footage 11] - 16:7 aforesaid ill - 18:10 building's Ill - 12:16 DU (11- 18:2 footprint (1l - 16:17 business 3 constant 111 - 7:21 afternoon (1l - 8:3 [ 1- 10:2, 12:6, 12:8 consulting ill 13:12 during (21- 8:2 foregoing 111- 18:7 agencies I1] - 16:23 control 111 - 18:21 - - four 111- 4:22 ahead 111 - 13:9 copies (4) - 5:2, 5:5, E front l4) - 12:2, 13:1, Andrew (11- 16:5 C 18;18, 18:21 easement i2] - 15:7 13:20, 15:3 ANNE 11] - 2:2 C.S.R (1l - 1:13 corner l41- 5:15, 5:17, east (41 - 4:12, 5:19, full 111 - 6:21 DepoCourt Reporting Service (630) 983 -0030 I future [il - 10:15 K Marker [41- 3:6, 3:18, nobody [11 - 7:17 permit (11 - 4:6 keep [21- 14:10, 14:19 3:24, 4:1 northeast I11- 14:15 perpendicular Ill - G MARKER [41 - 3:19, northwest [1l - 15:10 5:19 10:19, 122:6, 12::9, 2 kind [71- : 1 9 5:7, 6:19, 8:13 notes Ill - 18:9 petitioners Ill - 9:23 Game [11- 1:13 , , gateway [11- 10:18 MARLYS [11- 2:9 notion Ill - 3:5 pickup [11 - 8:2 9 Y 13:1, 2) - 1 mayor 10:21 number[1] -4:14 governmental 111- knock [z1- 10:14, Y place i11- 18:10 16:23 McHugh [41 - 6:23, PLAN Ill - 1:5 granted I11 - 7:19 knocked [21- 6:11, 7:18, 16:6,16:8 Q plan 11z] - 4:13, 4:16, � I11- 4:6 mean 131- 7:9, 8:4, 4:24, 5:1, 5:2, 5:9, grappled 12:24 October [11 - 19:2 great 111 - 12:8 knowing I11 - 7:23 13:7 mechanical [11- OF [s1- 1:1, 1:4, 1:9, 10:13, 10:16, 13:6, ground (11 - 11:7 knows 111 - 7:17 18:1, 18:2 13:7, 15:20, 16:14 guys Ill - 10:22 KOZIOL (2) - 13:11, 15:24 office [11- 10:17 Plan 111- 1:10 15:23 median Ill - 6:10 old 131 - 10:10, 10:11, playground [21- 10:6, MEETING 111- 1:4 H Koziol [31- 11:3, 13:5, 10:14 10:9 plenty (11 - 15:1 hand [21- 18:19 19:2 13:12 meeting 111 - 1:10 once [11- 15:13 KRAMER [41 - 9:19, MEMBER 121- 3:10, one [161- 4:6, 5:8, point [41- 4:16, 11:21, handicap 111- 14:16 3;22 13:15,15:2 hang [11- 9:5 15:24, 16:11, 16:21 5:11, 5:22, 8:16, 9:6, menu/order[1] - 5:16 points I11- 6:20 happy (11 - 13:2 Kramer 111- 9:20 10:24, 11:23, 11:24, met Ill - 4:13 12:3, 12:14, 12:20, portion [31- 3:1, 9:7, Hartland (21- 6:6, 7:6 Michael I11- 12:1 17:14 hear (11- 3:11 might 121 - 15:21, 14:24, 16:9, 16:12 positive 111- 12:11 hearing [111 - 3:2, 3:5, Land z - 9:11, 9:24 one -story Ill - 16:9 Land ( 21 15:22 possible 111 - 14:17 open [21- 3:18, 9:12 3:18, 8:18, 9:3, 9:8, land i11- 10:1 MILLER (21- 2:6, 5:5 operate [1] - 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