Plan Commission Minutes 2007 11-14-07 Page 1 of 5 Approved 12/12/07
UNITED CITY OF YORKVILLE
PLAN COMMISSION
YORKVILLE CITY COUNCIL CHAMBERS
Wednesday, November 14, 2007 7:00pm
Chairman Anne Lucietto called the meeting to order at 7:00pm.
Roll Call:
Members present: Brian Schillinger, John Hegeler, Jack Jones, Michael Crouch, Charles
Kraupner, Tom Lindblom, Sandra Adams, Clarence Holdiman, Anne Lucietto.
Absent: Jeff Baker
A quorum was established
Other Citv Staff:
Mayor Valerie Burd, Travis Miller - Community Development Director, Lynn Dubajic-
Economic Development Director, Gary Golinski- Alderman.
Guests:
Matt Schury- Kendall County Record, Dan Kramer- Attorney, Christine Vitosh -Court
Reporter, Bob Mandernack, Dan Lubic, M. Sheehen, Richard Brummel, Rowena
Vergara- Beacon News, Stan Weisbrod - Charles Sparks & Co., Sean Michels -McCue
Builders, Charles Sparks - Charles Sparks & Co., Brad & Meghan Schroeder,
K. Kowalski- Eldamain Farm, Dave Beck, Dale & Ethel Perkins, Richard Dube -Tri -Land
Properties, Inc., Bill McCue -McCue Builders, Glenn Johnson -Tri -Land Properties
Previous Meeting Minutes: October 10, 2007
The minutes were approved as read on a motion and second by Lindblom and Crouch
respectively. Approved unanimously on a voice vote.
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Public Hearings: Requested by Petitioners
Chairman Lucietto noted that Public Hearing PC 2007 -35 Letterle Annexation and
Zoning would be postponed to December 12. Travis Miller stated that notices had been
sent to the property owners, however, the published notice from the City had an incorrect
date, making it invalid. Therefore, the hearing needs to be continued. As a result,
Chairman Lucietto entertained a motion to open and close the Public Hearing. It was
moved by Jones and seconded by Adams to open the Hearing. Passed unanimously on a
voice vote.
Dan Kramer, Attorney for the petitioner, stated that the notice will be re- published in the
newspaper and courtesy notices will be sent to other interested parties. A motion to close
the Public Hearing was then made by Crouch and seconded by Hegeler. It was approved
by all on a voice vote.
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Chairman Lucietto then conducted a swearing -in of all who would speak at this meeting.
1. PC 2007 -36, PC 2007 -36, Stanley and Diane Pobol, petitioners. The
petitioners filed an application requesting R -1 zoning upon annexation to the
City, which was approved by City Council on October 9, 2007. This request
is for 4.53 acres located at 9255 Lisbon Road, Yorkville.
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The Public Hearing was opened at 7:35pm on a motion by Jones and second by Crouch.
Roll call vote was taken: Jones -aye, Hegeler -aye, Lindblom -aye, Holdiman-aye, Crouch -
aye, Kraupner -aye, Adams -aye, Schillinger -aye, Lucietto -aye. Unanimous vote.
Hearing closed at 7:37pm on a motion by Jones and second by Crouch. Approved
unanimously on a voice vote.
See Court Reporter's transcript of Public Hearing.
Discussion: Lindblom questioned why the petitioners wished to annex. Attorney Kramer
said that at the time of the request, there was indication that the property in between
might request to be de- annexed.
Action Items
i. Annexation- already completed
ii. Zoning: Travis Miller said staff recommends rezoning this property to
estate district.
iii. Special Use: no further action needed
A motion was made by Schillinger to approve the estate zoning, subject to staff
comments for PC 2007 -36. Crouch seconded the motion. Motion approved unanimously
on a roll call vote:
Jones -aye, Hegeler -aye, Lindblom -aye, Holdiman-aye, Crouch -aye, Kraupner -aye,
Adams -aye, Schillinger -aye, Lucietto -aye.
2. PC 22007 -37 Mc Cue Builders, petitioners, filed an application for an
amendment to a Planned Unit Development Agreement. This is for 60 acres
of property south of Route 34 on Cannonball Trail.
This Hearing was opened at 7:43pm on a motion by Crouch and second by Jones and
approved unanimously on a voice vote.
See Court Reporter's transcript of Public Hearing.
The Public Hearing was closed on a motion and second by Crouch and Jones
respectively. It closed at 7:45pm following a unanimous voice vote.
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Discussion: Travis Miller reviewed the staff comments and summarized the two
requests.
1. Front yard setback is requested to be five feet closer to the street to allow for
ranch style footprint on the Rt. 34 portion. Staff concerns included utility
easements, however, they determined it would not cause problems for the
infrastructure. The five feet will be recovered in the rear yard setback.
2. Lot coverage ratio: the request was for all lots in the R -4 zoning and is for 40%
coverage rather than 30 %. Staff recommended that a minimum of 50% of all
units should have a covered porch.
McCue representative, Sean Michels, said most porches would be decorative. Bill
McCue also gave an overview of their home plans and porches. Schillinger asked if
porches might be enclosed therefore increasing the square footage. McCue said they are
only striving for curb appeal. He said there would also be some brick on the front.
Schillinger also expressed concern for age- targeted /age- restricted neighborhoods and
density. He said national builders could come in and promote age - targeted communities
to increase density if the lot size is smaller. There is also the possibility of one developer
selling to another and their standards might not be the same.
Mr. McCue said he thought 70% of the homes would be ranches. Jones suggested a cap
of 75 %.
Action Item:
i. PUD Amendment
After some further discussion, Lindblom made a motion to recommend approval of the
changes in the setback with 40% lot coverage for 50% of ranch homes in the subdivision.
Crouch seconded the motion. There were some brief comments.
Roll call vote was taken: Hegeler -aye, Lindblom -aye, Holdiman-aye, Crouch -aye,
Kraupner -aye, Adams -aye, Schillinger -aye, Jones -aye, Lucietto -aye. Motion carried
unanimously.
3. The Village of Montgomery and United City of Yorkville are considering
approval of a Boundary Line Agreement pursuant to 65 ILCS 5/11 -12 -9.
A motion was made by Jones and seconded by Crouch to enter into Public Hearing. All
were in favor following a voice vote. The Hearing opened at 8: l Opm. It concluded at
8:25pm and a motion was made by Jones and seconded by Crouch to officially close the
Hearing. All were in favor on a voice vote.
See Court Reporter's transcript of Public Hearing.
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Discussion: Lindblom asked if nearby Willowbrook residents had been notified of the
Boundary Agreement. They had not been notified. He further stated they are supporters
of the Yorkville schools and that verbage should be included to prevent forced
annexation. Crouch noted that Yorkville has a policy of no forced annexations. Mayor
Burd said verbage was to have been included in the agreement.
Kraupner asked if the north/south boundary was on Dickson Road. It is actually west of
Dickson Road. It was noted that a couple properties on Dickson Road do not wish to be
force annexed.
Action Item:
i. Boundary Agreement
A motion was then made by Lindblom and seconded by Crouch to accept the boundary
agreement with the inclusion of a statement relating to non - forced annexation by either
community. It passed unanimously on a roll call vote: Lindblom -aye, Holdiman,
Crouch -aye, Kraupner -aye, Adams -aye, Schillinger -aye, Jones -aye, Hegeler -aye,
Lucietto -aye.
New Business:
1. PC 2007 -38 Menard's 6 th Addition
This property is adjacent to Countryside Parkway. Miller said a request has been made to
divide lot 4 into 3 parcels and he reviewed staff comments, including a staff
recommendation in favor of this request. There was no discussion.
Action Items:
i. Preliminary Plan
Lindblom moved and Crouch seconded a motion to accept the preliminary and final plat
subject to staff comments. Lucietto noted that two separate votes would be needed. A
roll call vote was taken on the preliminary plan portion as follows: Holdiman-aye,
Crouch -aye, Kraupner -aye, Adams -aye, Schillinger -aye, Jones -aye, Hegeler -aye,
Lindblom -aye, Lucietto -aye.
ii. Final Plat
A motion was then made by Crouch to approve the Menard's final plat and it was
seconded by Jones. A roll call vote was taken: Crouch - aye - Kraupner- Adams -aye,
Schillinger -aye, Jones -aye, Hegeler -aye, Lindblom -aye, Holdiman-aye, Lucietto -aye.
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Page 5 of 5
Presentation:
1. Countryside Center Concept Development Plan by Tri -Land
Richard Dube, President of Tri -Land, gave a presentation of the concept plans for
Countryside Center. He had previously met with Mayor Burd to discuss a vision for the
property. A design firm, Sparks & Co., was then hired and a mixed -use, town center type
look was designed.
Charles Sparks described the amenities that are under consideration: hotel, retailers,
pedestrian- friendly areas, fountains, raised sidewalks, pavilion, office space, restaurants,
promenades, prairie -style architecture and others. Mr. Dube added that approximately
160,000 square feet of retail space would be available on this 18 -acre property.
Chairman Lucietto asked if the designers had considered elements of sustainability.
Sparks & Co. is looking at silver and platinum.
Traffic concerns were discussed since Rte. 47 is already congested. Travis Miller said
the plan has been submitted for IDOT review and they already recognize the need for a
signal that would probably be located near Dunkin' Donuts.
The Commission members gave favorable comments for the plan as presented and Mr.
Dube credited the Mayor for her input on some of the design elements.
Mr. Dube said the concept plan will be presented at the City Council meeting on
November 27`
Other Business:
Chairman Lucietto noted that she had obtained a subscription of Planning
Commissioners' Journal that contains ideas from other towns. She asked for feedback
from the commission members.
There was no further business and Crouch moved for adjournment, followed by a second
from Hegeler. On a voice vote, the meeting was adjourned at 9:15pm.
Respectfully submitted by
Marlys Young, Minute Taker
PLAN COMMISSION MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
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REPORT OF PROCEEDINGS had at the meeting
,
of the above - entitled matter taken before
CHRISTINE M. VITOSH, C.S.R., on November 14,
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2007, at the hour of 7:00 p.m., at 800 Game Farm
Road, in the City of Yorkville, Illinois.
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D- 832707
REPO • COURT
reporting service
1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153
www.depocourt.com
2
1 P R E S E N T:
2 MS. ANNE LUCIETTO, Chairman;
3 MR. CLARENCE HOLDIMAN;
4 MR. CHARLES KRAUPNER;
5 MR. MICHAEL CROUCH;
6 MS. SANDRA ADAMS;
7 MR. TOM LINDBLOM;
8 MR. BRIAN SCHILLINGER;
9 MR. JACK JONES;
10 MR. JOHN HEGELER;
11 MR. TRAVIS MILLER;
12 MS. MARLYS YOUNG.
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1 CHAIRMAN LUCIETTO: Open PC 2007 -35,
2 the letter of annexation and zoning.
3 MR. JONES: So moved.
4 CHAIRMAN LUCIETTO: Do we have a
5 second?
6 MS. ADAMS: Second.
7 CHAIRMAN LUCIETTO: Motion and
8 second. All in favor say aye.
9 (A Chorus of Ayes)
10 CHAIRMAN LUCIETTO: Not in favor say
11 nay.
12 (No Response)
13 CHAIRMAN LUCIETTO: Okay. We are
14 now in public hearing, pC 2007 -35, and the
15 petitioners are requesting to continue this to
16 the December 12th, 2007 Planning Commission
17 meeting.
18 MR. KRAMER: Right. And just for
19 the record, Dan Kramer on behalf of the
20 petitioner.
21 The City will republish the
22 notice in the newspaper and we will send out
23 courtesy notices, just not certified, to all the
24 people on that list again of the continued date.
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1 Thank you.
2 CHAIRMAN LUCIETTO: Do we have a
3 motion to close this public hearing?
4 MR. CROUCH: So moved.
5 CHAIRMAN LUCIETTO: Second?
6 MR. HEGELER: Second.
7 MS. ADAMS: Second.
8 CHAIRMAN LUCIETTO: All in favor?
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9 (A Chorus of Ayes)
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10 CHAIRMAN LUCIETTO: Anyone not in
11 favor?
12 (No Response)
13 CHAIRMAN LUCIETTO: Okay. The
14 public hearing is continued to the December 12,
15 2007 meeting.
16 Now I'm going to ask anyone in
17 the audience that wants to speak or feels you
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18 might speak, okay, please stand up. I'm going to
19 ask you to raise your right hand and repeat after
20 me.
21 (Witnesses sworn)
22 CHAIRMAN LUCIETTO: All right. Now
23 I entertain a motion to entertain PC 2007 -36,
24 Stanley and Diane Pobol.
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1 MR. JONES: So moved.
2 MR. CROUCH: Second.
3 CHAIRMAN LUCIETTO: Okay. We are
4 now in public hearing for PC 2007 -36.
5 WHEREUPON:
6 DANIEL J. KRAMER,
7 testified before the Yorkville City Council as
8 follows:
9 MR. KRAMER: Good evening. Dan
10 Kramer. My address is 1107A South Bridge Street,
11 Yorkville, Illinois. I am an attorney licensed
12 to practice law in the state of Illinois and
13 represent the petitioner.
14 This one is somewhat of an
15 unusual procedure in that the property has
16 already been annexed into the United City of
17 Yorkville. It's a little over four -acre parcel
18 that's contiguous to the North Star property that
19 was annexed to the property on the east boundary
20 of North Star.
21 The property is accessed by a
22 long private easement off Lisbon Road to the
23 west. It's over 1100 feet to get back to where
24 the home is, and we have to assign the zoning
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1 class for it. We filed as a R1, which is the
2 default zoning.
3 Frankly, the petitioner does
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4 have horses there, so we are fine if you want to
-- 5 do a more restrictive class, estate or
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6 agriculture, under the City. We're fine with
7 either of those.
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8 I think Travis' recommendation
9 was the estate class, which is fine with us.
10 There's no new improvements to it. It's just
11 again, assign a zoning class to the parcel that's
12 already annexed.
13 CHAIRMAN LUCIETTO: Great. Does
14 anyone in the audience have any questions or
15 issues or anything about this particular
16 property?
17 (No Response)
18 CHAIRMAN LUCIETTO: Okay. That
19 being the case, I'd entertain a motion to close
20 this public hearing.
21 MR. JONES: So moved.
22 MR. CROUCH: So moved. Second.
23 CHAIRMAN LUCIETTO: Who was the
24 first? Jack. Okay. All in favor say aye.
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1 (A Chorus of Ayes)
2 CHAIRMAN LUCIETTO: Not in favor?
3 (No Response)
4 CHAIRMAN LUCIETTO: Okay. Public
5 hearing is now closed.
6 (discussion had off
7 the record)
8 CHAIRMAN LUCIETTO: Have a motion to
9 open PC 2007 -37, McCue Builders public hearing.
10 MR. CROUCH: So moved.
11 MR. JONES: So moved.
12 MR. JONES: Second.
13 CHAIRMAN LUCIETTO: All in favor say
14 aye.
15 (A Chorus of Ayes)
16 CHAIRMAN LUCIETTO: Not in favor,
17 nay?
18 (No Response)
19 CHAIRMAN LUCIETTO: We are in public
20 hearing. And who is representing --
21 WHEREUPON:
22 SEAN MICHELS,
23 testified before the Yorkville City Council as
24 follows:
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1 MR. MICHELS: I am Sean Michels with
2 McCue Builders. It's been a while. How are you?
3 CHAIRMAN LUCIETTO: Good.
4 MR. MICHELS: We have two requests
5 before you tonight, front yard setback request
6 and a lot coverage ratio request.
7 The front yard setback, we'd
8 like to move the house five feet closer to the
9 front yard -- front property line, and then in
10 return staff has suggested make our rear yard
11 setback instead of 25 feet, go with 30 feet, and
12 then the lot coverage ratio we'd like to increase
13 at least 50 percent of the units in the district
14 to 40 percent and keep the remaining 50 percent
15 at 30 percent, so we concur with what staff has
16 recommended.
17 MR. SCHILLINGER: Can you clarify
18 what at least 50 percent is? 50 percent could be
19 at least at --
20 MR. MICHELS: No. The R4 lots, 50
21 percent would be allowed.
22 MR. SCHILLINGER: I thought you
23 said --
24 MR. MICHELS: No. I'm sorry.
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1 CHAIRMAN LUCIETTO: Okay. Are there
2 any questions or comments from people in the
3 audience that were sworn in?
4 (No Response)
5 CHAIRMAN LUCIETTO: Seeing none,
6 close the public hearing, is there a motion?
7 MR. CROUCH: So moved.
8 MR. JONES: Second.
9 CHAIRMAN LUCIETTO: All in favor say
10 aye.
11 (A Chorus of Ayes)
12 CHAIRMAN LUCIETTO: Not in favor.
13 (No Response)
14 CHAIRMAN LUCIETTO: We are closed.
is -
15 (discussion had off
16 the record)
17 CHAIRMAN LUCIETTO: The next item on
18 our agenda is the boundary agreement between the
19 Village of Montgomery and the United City of
20 Yorkville, and we are going to go into public
21 hearing for that, so I need a motion to go into.
22 MR. JONES: So moved.
23 MR. CROUCH: Second.
24 CHAIRMAN LUCIETTO: So we have a
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1 first and a second to go into the boundary
2 agreement between the Village of Montgomery and
3 the United City of Yorkville. All in favor say
4 aye.
5 (A Chorus of Ayes)
6 CHAIRMAN LUCIETTO: Any nays?
7 (No Response)
8 CHAIRMAN LUCIETTO: We will go into
9 it and then we will come out of the public
10 hearing to discuss.
11 MR. MILLER: I'm going to refer to
12 the November 1st staff report just give you the
13 background and the actions in front of you, and I
14 previewed this under official business at last
15 month's meeting, so as we go through the
16 discussion, I want to refer to the back pages of
17 the draft annexation agreement as I described.
-- 18 It may be easier to visualize.
19 Exhibit A shows the proposed
20 boundary line. The discussions started in the
21 summer, this summer, between the staff at the
22 direction of the mayor and village manager of
23 Montgomery, myself and community development
24 director for the Village of Montgomery, and our
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I staffs have met on several occasions to talk
2 about the terms of the boundary agreement and to
3 try to formulate a draft agreement to be
4 presented to the boards of both communities for
5 their consideration and for approval.
6 The concepts, a draft was
7 submitted to the City Council in October. The
8 City Council reviewed it and immediately asked
9 for the Plan Commission's review and
10 consideration. There was a public hearing and
11 this draft is before you for consideration.
12 So this is the actual public
13 hearing being conducted for the consideration as
i s 14 required by state statute for a boundary
15 agreement between two municipalities.
16 Geographically speaking, the
17 boundary, starting at the west side moving east,
-- 18 which starts -- follows Baseline Road at the
19 beginning of the intersection of Ashley Road and
20 Baseline, heading east to -- crossing Route 47 to
21 the section line that's just to the east of
j 22 Bristol Bay subdivision, which if we look at
23 Exhibit A, you can identify Bristol Bay
24 subdivision, so following this section line then
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1 south to Galena Road, and then basically
2 following Galena Road to Orchard Road, which
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3 actually goes beyond our curb boundary agreement
4 with Oswego, which was pointed out during
5 discussion last month, so the legal description
6 will be modified to stop short of that to be
II 7 consistent with that boundary agreement, but the
8 general alignment here is to follow Galena Road
9 to the edge of our plan.
10 I'm going to move through some
11 of the key points of the agreement itself. We
12 get through the various titles and the legal
13 description and the real heart of this agreement
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14 I believe begins in line item number 3, which
15 starts at bottom of Page 2 of the agreement.
16 This is where we talk about
17 applying development standards, development
18 standards that would govern development in both
19 communities regardless of the jurisdiction
20 authority.
21 The development standards
22 outlined in Section 3 would be followed, so
23 whether it's an incorporated area on the
24 Yorkville side of the boundary or the Montgomery
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1 side, each municipality would be expected to
2 follow these minimum standards.
3 These minimum standards come
4 from -- primarily come from the Yorkville
5 Comprehensive Plan guidelines, as well as the
6 Yorkville Appearance Code, so you should be
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7 familiar with the majority of, better than 90
8 percent, of the standards of the City here.
9 One difference is when you get
10 to density and we look at -- bear with me.
11 MR. HOLDIMAN: Page 3.
12 MR. KRAUPNER: Page 3.
13 MR. MILLER: The four units per acre
14 is going to be a foreign number to Yorkville.
15 This is a density standard that is a maximum
16 density for the Village of Montgomery, so as we
17 looked at density, the 2.25 comes from the
18 Yorkville standards as a minimum with our density
19 standards.
20 We take a gross density
21 calculation, so any time there is open space,
22 such as right -of -way or detention basins, all
23 that is factored in. Montgomery has a different
24 formula when applying densities; they look at
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1 developable area, lot area. The inventory is
2 slightly higher.
3 The compromise that staff came
4 up with is for developments that are going to be
5 managing stormwater on -site and detention basins
6 within the development, the 2.25 standard would
7 be utilized.
8 For developments that utilize
9 the regional basin, which all of the area that's
10 undeveloped between the tributary to community
11 basin and potential stormwater there, if a
12 development is sending their stormwater there,
13 four units per acre would be a maximum density.
14 That's when you take out
15 stormwater and open space, it would be four units
16 per acre, which is pretty low for suburban
17 residential development, so I just wanted to
18 point that difference out to you.
19 MR. SCHILLINGER: That would be all
20 these properties highlighted there in blue?
21 MR. MILLER: Highlighted in blue,
22 correct. The item number 4, back to that
23 exhibit, Brian, the areas highlighted in blue
24 were also designated as areas where each
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1 municipality had a joint review process.
2 It would be very similar to a
3 review; difference being a community where this
4 falls within their municipality with the boundary
5 agreement would have the jurisdiction obviously
6 to approve the development plan.
7 However, they are agreeing by
8 the terms of this agreement not to make that
9 approval until, use the example of property that
10 falls on the east side of the line and /or on the
11 other side of the line, would have an opportunity
12 to review and provide comment before they give a
13 final decision on that development agreement.
14 Of course, we would -- staff
15 would review that and we would expect it to meet
16 the minimum standards of this agreement.
17 So that I thought personally
18 was a unique way to approach working together
19 with neighboring communities throughout the life
20 span for the next 20 years, and we will have a
21 current pulse on what's happening across the
22 line.
23 Item number 5 talks about
24 coordinating transportation- related improvements.
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1 This would be everything from improvements along
2 State Route 30, which IDOT has designated
3 District 1, IDOT has designated full intersection
4 locations along 30.
5 The Village of Montgomery has
6 gotten approval in their long range plan from
`i 7 District 1. We're part of District 3. They have
8 shared their plans with District 1, and those
9 plans make sense with what we are accustomed with
10 in terms of spacing, so they have identified
11 those on the exhibit.
12 It's so far consistent with
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13 plans we have approved along Route 30, and we
14 want to make sure as plans continue along 30, we
15 make sure that those locations are consistent
16 with it.
17 Really the only development
18 plan left would be the Schramm property. We are
19 at a concept level. That concept plan does show
20 a connection to Route 30. It's a very wide arrow
21 on a public map. When the engineering comes in,
22 we will make sure it's consistent with that, is
23 the issue there.
24 Item number B talks more about
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1 coordinating internal drive between developments,
2 and just for connectivity, it is something we
3 strive within our community, as does Montgomery,
4 so it makes sense along our borders we do the
5 same thing.
6 Other highlights, item number
7 six relates to the school district. Yorkville
8 Community School District goes into the Village
9 of Montgomery and covers this territory.
10 One issue that has come about
11 just in the past year is the fact that some of
12 the preliminary -- concept and preliminary
13 development plans that Yorkville has approved, we
14 haven't approved one yet with the middle school
15 land dedication and we're beginning to paint
16 ourselves into a corner.
17 The school district has brought
18 this to our attention. We have the ability on a
19 few of the school sites that have been dedicated
20 or on the concept plan to expand those sites from
21 15 acres as necessary to a larger school, but as
22 a case -by -case, we don't have a crystal ball. So
23 we wanted to have something in this agreement
24 that formulates a middle school north of the
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1 river.
2 It would be our hope that
3 somewhere some are developed between the two
4 communities where we can house a 25 -acre middle
5 school location. That's going to be contingent
6 upon and driven to a large degree by the
7 developer or group of developers that come in in
8 the area.
9 A note, item 6 is one sentence
10 that doesn't have a lot of teeth in it, but I
11 think the important point here is that we are
12 memorializing the fact that we need at least 30
13 acres. When we are reviewing, we can find a
14 suitable location.
15 MR. JONES: Does any of Montgomery's
16 plan or current jurisdiction or boundary lines
17 impact the Yorkville School District?
18 MR. MILLER: No. No. The school
19 district boundaries would stay the same. It
20 would just be the area within the Village of
21 Montgomery would be Montgomery residents, the
22 Yorkville School District 115 does serve the
23 . Village of Montgomery.
g g Y
24 MR. JONES: It would serve the
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1 Village of Montgomery? But then what would
2 Montgomery do as far as annexation, would they
3 gather the impact fees?
4 MR. MILLER: They have a similar
5 land cash ordinance. We did review that with
6 staff. Yorkville's land cash ordinance --
7 MR. JONES: That's different for
8 annexation, though.
9 MR. MILLER: Explain what you mean
10 to me.
11 MR. CROUCH: They have a similar --
12 similar transition fee.
13 MR. JONES: That's what I mean,
14 transition fee.
15 MR. CROUCH: The only difference is
16 it's aimed a different direction.
17 MR. JONES: What do you mean?
18 MR. CROUCH: The transition fee in
19 Yorkville is aimed at the educational costs of
20 the student up until the time the taxes are
21 collected kind of thing.
22 MR. JONES: Right.
23 MR. CROUCH: Montgomery wants it to
24 go toward buildings and bricks and mortar and all
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i 1 of that, so they've gone a different direction in
2 terms of what their transition fee will fund, but
3 they do have a transition fee, and they are very
4 anxious at some point to have a school within the
5 Village of Montgomery that is in the Yorkville
6 School District.
7 MR. JONES: Okay. Same final
8 destination, just different way to get there.
9 MR. CROUCH: Exactly.
10 MR. MILLER: Reviewed the land cash
11 ordinance and both our Yorkville Land Cash
12 Ordinance as well as Montgomery was modeled after
13 the City of Naperville, for example, in the 70s
14 and 80s that was determined to be constitutional.
15 MR. JONES: The land cash or the
16 transition fee?
17 MR. MILLER: The land cash --
18 MR. JONES: I was going to say.
19 MR. MILLER: -- as far as that,
20 similar.
21 MR. JONES: Is the amount the same
22 as far as theirs?
23 MR. CROUCH: I believe it is, but
24 I'm not absolutely certain. I believe it is.
Depo Court Reporting Service (630) 983 -0030
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21
1 MR. SCHILLINGER: Everybody is
i
2 changing.
3 MR. JONES: But ours got bumped up.
4 MR. MILLER: It's 3,000 per unit.
5 Land use has been bumped up.
11 6 MR. CROUCH: But I can't say for
7 absolute certainty. It's been a while. We -- a
8 couple of years ago we went to the Village of
9 Montgomery meeting and talked to the City Council
10 and so forth and talked about exactly these
11 points, and they were more than willing to as I
12 say contribute, but they made it very clear what
13 they wanted it to be for, and as I say, they were
14 very anxious to -- they asked us point blank,
;i
15 would you be willing to have a school within
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16 Montgomery and we said absolutely.
17 MR. JONES: Right. And I don't have
18 a problem with that, what I want to make sure,
19 though, is that any impact that Montgomery has on
20 Yorkville isn't creating any more financial
21 burden on us, I want it to be equally shared as
22 far as the transition fees.
23 MR. CROUCH: Well, we really have no
24 way to control that.
Depo Court Reporting Service (630) 983 -0030
22
1 MR. JONES: I know, but you can
2 negotiate well upfront.
3 MR. CROUCH: I understand. I'm just
4 saying, obviously that's something they can
5 change as they see fit.
6 MR. SCHILLINGER: Why don't you have
7 a way of controlling it if it's within your
8 district?
9 MR. CROUCH: Because what's within
10 the school district is not within the -- under
11 the control of --
12 MR. SCHILLINGER: The two boundaries
13 don't always --
14 MR. CROUCH: The school district
15 does not have control over what the cities and
16 the municipalities do.
17 MR. SCHILLINGER: We can only make a
18 boundary request.
19 MR. CROUCH: We can only request.
20 MR. SCHILLINGER: And they don't
21 always coincide.
22 MR. CROUCH: They almost never
23 coincide.
24 CHAIRMAN LUCIETTO: Okay. Let's let
Depo Court Reporting Service (630) 983 -0030
23
1 Travis continue on.
2 MR. MILLER: The only other key
3 points here, I mentioned earlier the basin.
4 There is language in here that allows for the
5 Village of Montgomery and developments within the
6 Village of Montgomery to buy into the Yorkville
7 basin, which would be a city -owned basin,
8 approved and currently being developed as part of
9 that, the potential basin again was designed with
10 all of this land being tributary, so if this land
11 develops into the Montgomery end of this boundary
12 agreement and it's feasible to convey this as an
13 advantage to Yorkville to accept the stormwater
14 for that, so we've incorporated language in 8
15 that incorporates that and, of course, that would
16 have to be articulated within the development
17 agreement and we have joint review of that at the
18 time. I think we are covered as well as we can
19 be.
20 Other than that, those are
21 the -- those are my main points. I will answer
22 any questions that you or the public may have.
23 CHAIRMAN LUCIETTO: I'll solicit the
24 public. Does anybody have any questions?
Depo Court Reporting Service (630) 983 -0030
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1 (No Response)
2 MR. JONES: Travis, basically you
3 are happy with this document then?
4 MR. MILLER: I am comfortable
I
5 recommending this document, yes.
6 CHAIRMAN LUCIETTO: I'd like to have
7 a motion to close the public hearing.
8 MR. JONES: So moved.
9 MR. CROUCH: Second.
10 CHAIRMAN LUCIETTO: All in favor, j
i
11 aye?
12 (A Chorus of Ayes)
13 CHAIRMAN LUCIETTO: Nays?
14 (No Response)
15 CHAIRMAN LUCIETTO: Public hearing
16 is closed. Discuss all you want.
17 (Which were all the
18 proceedings had in
19 the public hearings.)
20 --- 000 - --
21
22
23
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Depo Court Reporting Service (630) 983 -0030
25
1 STATE OF ILLINOIS )
ss:
2 COUNTY OF LASALLE )
3
4 I, Christine M. Vitosh, a Certified
5 Shorthand Reporter, do hereby certify that I
6 reported in shorthand the proceedings had at the
7 hearing of the above - entitled cause and that the
I
8 foregoing Report of Proceedings, is a true,
9 correct, and complete transcript of my shorthand
_ I
10 notes so taken at the 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 Y wa interested in the outcome thereof.
16 I further certify that my
17 certificate annexed hereto applies to the
18 original transcript and copies thereof, signed
19 and 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
Depo Court Reporting Service (630) 983 -0030
26
1 In testimony whereof, I have
2 hereunto set my hand this 2 day of
3 'p CQn-i� A. D., 2007.
4
5
6 Christine M. Vitosh, CSR
7 CSR No. 084 - 002883
8
9
10
11
12
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18
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