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City Council Minutes 2008 07-08-08 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY. JULY 8.2008. Mayor Burd called the meeting to order at 7:04P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present (arrived at 8:10 p.m.) Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Attorney Gardiner, City Administrator McLaughlin, Assistant City Administrator Olson, Police Lieutenants Hart & Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd asked that 41 under the Economic Development Committee Report — the Zangler Property be removed from the agenda as it is still in committee. Mayor Burd asked if all were in favor of the amendment and the City Council approved it unanimously with a voice vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., July 15, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., August 5, 2008 City Hall Conference Room Administration Committee 6:00 p.m., July 10, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., July 24, 2008 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Sexton Development, LLC Mayor Burd entertained a motion to go into public hearing for Sexton Development, LLC, petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and Planned Unit Development zoning. The real property consists of approximately 272.186 acres, located at the north side of Illinois Route 34, east of Eldamain Road and west of Cannonball Trail, Yorkville, Illinois. So moved by Alderman Werderich; seconded by Alderman Gohnski. Motion approved by a viva voce vote. The Minutes of the Regular Meetine of the Citv Council — July 8, 2008 — Dage 2 Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Golinski: seconded by Alderman Werderich. Motion approved by a viva voce vote. CITIZEN COMMENTS Mark Johnson of Yorkville addressed the City Council regarding the proposed chairman for the Human Resource Commission. He questioned Robin Frisch's qualifications. He felt that her six months of residency in Yorkville did not meet the criteria for chairman. He noted he was appointed and resigned from the Senior Ad Hoc Committee due to the Mayor's poor choice of chairman for the committee. CONSENT AGENDA None. PLAN COMMISSIONMONING BOARD OF APPEAL Director Miller reported that the Plan Commission would be meeting July 9, 2008 at 7:00 p.m. They will be discussing the Comprehensive Plan Update as presented by the Citizen's Advisory Committee. MINUTES FOR APPROVAL A motion was made by Alderman Golinski to approve the minutes of the City Council meeting of May 27, 2008 and June 10, 2008; seconded by Alderman Munns. Alderman Spears questioned the vote on page 10 of the June 10, 2008 minutes for Lincoln Prairie. Clerk Milschewski clarified the vote was correct in the minutes. Alderman Werderich had a question regarding the May 27, 2008 minutes and the vote for the hearing officers. He noted that the vote on page 4 just referenced the vote for Mr. Colosimo and didn't indicate the vote for Mr. Ingemunson. Clerk Milschewski stated that the vote for Mr. Ingemunson was a separate vote reflected on page 5 of the minutes. Alderman Besco noted a typographical error on the top of page 11 of the June 10, 2008 minutes. The word "mobbing" should be "moving ". Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated July 2, 2008 totaling the following amounts: checks in the amount of $361,185.85 (vendors); $268,824.11 (payroll period ending 6/25/08); for a total of $630,009.96; seconded by Alderman Werderich. Alderman Spears questioned the following: • Page 6, Jennifer Fischer — tuition reimbursement in the amount of $1,064.00. She asked who decided to put this on the bill list since it had been previously removed. Administrator McLaughlin explained that the tuition request was approved by the department head and former City Administrator. He reviewed the request and found that the course falls into the area of study so he also approved the reimbursement. • Page 11, Marine Biochemists — Sunflower SSA algae treatment in the amount of $1,532.00. Director Dhuse explained that the city is paying for this however the SSA will reimburse the city. • Page 19, Shred It — in the amount of $294.00. Alderman Spears asked if the State had given permission for the destruction of records. Clerk Milschewski explained that the State met with the Deputy Clerk and set up a schedule of destruction for records which can be followed every year. Motion approved by a roll call vote. Ayes -5 Nays -1 Present -1 Munns -aye, Plocher -aye, Spears -nay, Sutcliff -aye, Werderich -aye, Besco - present, Golinski -aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions (CC 2008 -52) Dana Jones — Human Resource Commission Mayor Burd entertained a motion to approve the appointment of Dana Jones to the Human Resource Commission. So moved by Alderman Golinski; seconded by Alderman Munns. Minutes of the Regular Meeting of the Citv Council — July 8, 2008 — na ee33 Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Robin Frisch — Chairman Human Resource Commission Mayor Burd stated that at the last City Council meeting she wanted to appoint Ms. Frisch as chairman of the HRC. This decision was questioned so she asked that copies of the city code indicating she could appoint the chairman be included in the City Council's packets. She explained that the HRC has dwindled to four members and the former chairman, Mrs. Lento - Riedy, asked if any of them would like to be chairman as she needed to step down due to personal issues. None of the other members indicated they were interested. Mayor Burd had met Ms. Frisch and thought she would make a good chairman. She asked Mrs. Frisch to address the City Council. Ms. Frisch gave the City Council information on her background; six -month resident, involved in community service for twenty -five years; master's degree in child learning; mirrored in leadership activities, etc. Mayor Burd entertained a motion to approve the appointment of Robin Frisch as chairman of the Human Resource Commission. So moved by Alderman Sutcliff, seconded by Alderman Plocher. Alderman Spears stated that at the last meeting, Mayor Burd had information regarding a person trying to find housing. She asked Ms. Frisch for input on this. Ms. Frisch stated that she was researching a place to get started with the problem; which agencies could help. She discussed who could help the person with the HRC but did not have any other information at this time. Alderman Spears noted that the City Council had received Ms. Frisch's resume but there was a person on the commission who was also interested in being chairman. She shared Cele Sanders's resume with the City Council. Alderman Werderich stated that he reviewed the city code and he did not feel that the City Council needs to approve the appointment. Also, he did not feel it specifies who appoints the chairman. Attorney Gardiner stated that he discussed the matter with Attorney Orr and her interpretation is that the code implies the appointment by its language. She also investigated the statute that confers the power of appointment on the Mayor. He agreed that the language in not specific. Alderman Werderich indicated he would like to review the statute Attorney Orr reviewed and Attorney Gardiner stated he would get a copy for him. Alderman Werderich discussed the dynamics of a group and felt it was better to have the group pick their own leader. He also felt that the interpretation of the statute was very broad. Alderman Golinski asked that even if the statute stated the mayor can appoint was there anything preventing the mayor from allowing the commission from choosing their chairman. Attorney Gardiner stated that nothing prohibits this; the mayor can delegate the authority. Mayor Burd noted that no one on the committee wanted to be chairman until she picked someone. She indicated that the current chair has resigned from HRC and she needs to appoint three more people. She stated that she could have control by appointing people who would vote her way. Alderman Spears stated she had many concerns regarding this appointment. She stated that at the last meeting after she informed the Council that a current member of HRC was interested in the chair, Alderman Munns asked to see this person's resume. Alderman Spears indicated that she emailed the information to the City Administrator and asked that it be distributed to the Council however the Mayor did not want this done so the Council never received it. She was upset that the Council can't use staff to help distribute information especially if it is not something in agreement with the mayor. She stated that her information is from before the mayor's appointment and that the Mayor did not present all information to the City Council. Alderman Sutcliff called the question and Alderman Werderich informed her she could not do this until everyone has had the opportunity to speak. Alderman Munns stated that he saw both sides; sometimes someone new brings in a new look. He questioned the motives of those already on the commission. Alderman Golinski noted that he served on a citizen's advisory committee, the Park Board, before becoming an alderman. He felt it worked best when the committee elects a chairman. He questioned if Mayor Burd would be appointing the next Park Board ch airman when the current chairs term expires. Mayor Burd stated that she was not sure how the Park Board appointment is governed by state statute. She indicated that according to statute, the mayor has nothing to do with the Library Board or Park Board chairmen. The Plan Commission and Human Resource Commission chairmen are addressed by city code. The Minutes of the Regular Meeting of the Citv Council — July 8, 2008 — Daee 4 Alderman Werderich asked which state statute Mayor Burd was referring to and she stated she was not sure but that the information was online. Alderman Besco commented that he felt the members of the commission should be allowed to pick their chairman. He felt that following previous practices, the chairman being elected by the committee, was the correct way to address this situation. A motion was made by Alderman Sutcliff to call the question; seconded by Alderman Munns. Motion failed by a roll call vote. Ayes -5 Nays -4 Werderich -nay, Golinski -nay, Besco -nay, Allen -aye, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Burd -aye *2/3 majority vote needed to pass. Motion approved by a roll call vote. Ayes -5 Nays -4 Allen -aye, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Golinski -nay, Besco -nay, Burd -aye Ordinance 2008 -58 Approving a Lease of Unit D, Fountain Village of Yorkville (CC 2008 -53) Mayor Burd entertained a motion to approve an ordinance approving a lease of Unit D, Fountain Village of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco - present, Allen -aye Ordinance 2008 -59 Amending City Code to Add an Additional Class B: Package Liquor Super Target (CC 2008 -53) Mayor Burd entertained a motion to approve an ordinance amending Section 3 -3 -6 of Chapter 3 (Liquor Control) of Title 3 (Business and License Regulations) and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Besco - present, Allen -aye, Sutcliff -aye Fermilab Update (CC 2008 -55) Mayor Burd reported that she attended an event at Fermilab celebrating getting their funding back. Over twelve communities supported funding for the lab so other mayors were present and Alderman Golinski who works at the lab escorted her to the event. Alderman Golinski explained that Fermilab will be receiving $29.5 million in total funding which will avert layoffs. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Gardiner reported that Judge McCann ruled in favor of United City of Yorkville in the motion to reconsider in the Hammon disconnection. The next possible action would be to bring the matter before the appellate court. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Regular Meeting, of the Citv Council — July 8, 2008 — Da 5 DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that he would be meeting with the painting contractor on July 22, 2008 and he thanked everyone who helped with the Fourth of July festivities. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that the next Music Under the Stars will be held on July 11, 2008 at 7:00 p.m. The band will be playing 70's and 80's music. Also, the will be a park open house on July 18, 2008 at the Fox Hill park. The community park build will be held on July 26, 2008 at the park on Colonial parkway. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that Theater in the Park will be held at the River front park on July 19 and July 26 from 5:00 to 6:30 p.m. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008 -60 Approving a Preliminary and Final Plat of Subdivision Prairie Point Lot 2 (PC 2008 -15) A motion was made by Alderman Golinski to approve an ordinance approving a preliminary and final plat of subdivision for Prairie Pointe Lot 2 and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -1 Present -1 Golinski -aye, Besco - present, Allen -nay, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye Ordinance 2008 -61 Approving a Preliminary and Final Plat of Subdivision United City of Yorkville Subdivision (185 Wolf Street) (PC 2008 -17) A motion was made by Alderman Golinski to approve an ordinance approving a preliminary and final plat of subdivision for the United City of Yorkville and authorize the Mayor and City Clerk to execute; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes -7 Nays-0 Present -1 Besco - present, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Resolution 2008 -27 Approving a Temporary Stormwater management Easement Agreement with Copley Ventures, Inc. (EDC 2008 -27) A motion was made by Alderman Golinski to approve a resolution approving a temporary stormwater management easement agreement with Copley Ventures, Inc. subject to addressing City Engineer Joe Wywrot's July 3, 2008 email to Randy Buss and authorize the Mayor and City Clerk to execute; seconded by Alderman Mums. Alderman Spears asked if the concerns were resolved and Director Miller stated that the concerns are addressed in the mentioned email and it also contains recommended steps to alleviate water problems The Minutes of the Regular Meeting of the Citv Council — July 8. 2008 — Daae 6 Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -ave, Golinski -aye, Besco - present, Allen -aye Resolution 2008 -28 Approving Contract with SEC Group, Inc. to Provide Planning and Engineering Services for the Integrated Transportation Plan , (EDC 2008 -28) A motion was made by Alderman Golinski to approve a resolution approving a contract with SEC Group, Inc. to provide planning and engineering services for the Integrated Transportation Plan and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Allen -aye Sutcliff-aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco - present Ordinance 2008 -62 Amending Ordinance 2005 -11 Regarding Building Code Section 503.1.5 (EDC 2008 -29) A motion was made by Alderman Golinski to approve an ordinance amending Ordinance 2005 -11 regarding Building Code Section 503.1.5 and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Plocher asked if under this code builders could stick build and Director Miller stated that they could; this allows frame construction up to four stories. Alderman Plocher felt that buildings built this way were of a lower quality and unsafe. He only supported three -story buildings and did not support the amendment. Alderman Spears asked if the fire department has equipment to service a four -story building. Director Miller stated that on June 19, 2008 the Bristol- Kendall Fire District (BKFD) confirmed that their ladder truck will accommodate the building and that they supported the amendment. Alderman Allen stated he contacted Chief Hitzemann who said there wasn't a problem so he supported the amendment. Alderman Spears noted that in the past the Chief stated he supported six -story buildings because he could "borrow" equipment from Oswego. Alderman Allen asked if fire suppression was required by code and Director Miller indicated that it was. i Alderman Werderich asked if the code could be redrafted to address Alderman Plocher's concern. Director Miller explained that this ordinance addresses a previous amendment that was made because the BKFD lacked the fire equipment to protect a building over three stories. If the City Council wants to limit the number of building stories then this ordinance should not be passed. Alderman Sutcliff asked if buildings could be stick built up to four stories. Director Miller stated that the current code only allows three -story buildings however now that BKFD has the equipment the international code is sufficient. He indicated that staff recommends the amendment because the three - story maxim places a burden on developers. He also explained that steel is required for buildings over four- stories. Alderman Golinski asked if other communities use the International Building Code and Director Miller stated he was not prepared to give a figure on this. He stated that Building Official Bill Dettmer keeps updated on this code. Alderman Golinski suggested considering neighboring communities codes. Motion approved by a roll call vote. Ayes -5 Nays -3 Mums -aye, Spears -nay, Plocher -nay, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye Sutcliff -nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Distribution of Information Alderman Spears asked what the policy was for the distribution of information by City Council members. She stated that she thought the City Administrator wanted information directed to him. Mayor Burd suggested taking this matter to the Administration Committee for further discussion. Staff can't validate information from City Council members and the City Administrator's report is to notify the City Council of what the administrator and mayor have done during the week. Alderman Spears asked the Mayor how The Minutes of the Regular Meeting of the Citv Council — July 8, 2008 — Dage? she would distribute information and Mayor Burd stated that it was up to the aldermen to distribute or they could have the administrative assistant do it. New Facilities Alderman Werderich reported that two new facilities have opened in Yorkville. He toured the Rush - Copley facility and commended everyone who worked on the project. He also took his son to Waging Waters and they had a great time. He congratulated them on the water park. United Way Mayor Burd reported that the United Way would like the United City of Yorkville to participate in the cardboard boat contest. She indicated that Director Mogle had experience building cardboard boats and was looking for volunteers to sit in the craft. The event will take place around August 23, 2008. McHugh Road Alderman Sutcliff reported that work on McHugh Road was beginning. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:31 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING JULY 8 2008 PLEASE PRINT I r NAME: ADDRESS: az8 o tJ�e�� Ciroe-lt iV LG c lgev, II r i 62-7" v yo 1t `D2 4 . Z ewpvA L- �';t I �lG� acct n v" )�� L� r S f► eel Nape v /I e, � 'l / v � 5r a -f-1— 2 2�- ' � l hbpc 6%4" f9 ' N- clrmm tc c* Aulfv 666 ua O � SIGNIN CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before TERESA S. GRANDCHAMP, C.S.R., on July 8, 2008, at the hour of 7:00 p.m., at 800 Game Farm Road in the City of Yorkville, Illinois. r i D- 850408 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 P R E S E N T: 2 MS. VALERIE BURD, Mayor; 3 MR. JOSEPH BESCO, Alderman; 4 MR. GARY GOLINSKI, Alderman; 5 MR. MARTY MUNNS, Alderman; 6 MR. ARDEN JOE PLOCHER, Alderman; 7 MS. ROSE ANN SPEARS, Alderwoman; 8 MS. ROBYN SUTCLIFF, Alderwoman; 9 MR. WALLY WERDERICH, Alderman. I 10 11 MR. BRENDAN McLAUGHLIN, City I 12 Administrator; 13 MR. WILLIAM POWELL, City Treasurer; 14 MS. JACQUELYN MILSCHEWSKI, City Clerk. 15 16 A P P E A R A N C E S: 17 BY: MR. THOMAS GARDINER, 18 appeared on behalf of the United 19 City of Yorkville, Illinois. 20 - - - 21 22 23 24 Depo•Court Reporting Service (630) 983 -0030 i 3 1 (Pledge of Allegiance) 2 (WHEREUPON a portion of 3 the proceedings was not 4 herein transcribed.) _ 07:02PM 5 MAYOR BURD: Tonight we have no � I 6 presentations but we do have a public hearing. 7 I would like a motion to go into 8 public hearing, please. 9 ALDERMAN WERDERICH: So moved. 07:02PM 10 ALDERMAN GOLINSKI: Second. 11 MAYOR BURD: All in favor? 12 (Body of ayes.) 13 MAYOR BURD: All opposed? 14 Okay. We have a public hearing on 07:02PM 15 Sexton Development, LLC, petitioner, has filed an 16 application with the United City of Yorkville 17 requesting annexation to the United City of 18 Yorkville and a Planned Unit Development zoning. 19 The property consists of 07:02PM 20 approximately 272.186 acres and it's located on 21 the north side of Illinois Route 34 east of 22 Eldamain Road and west of Cannonball Trail. 23 Would you please state your name 24 again for the record. Depo•Court Reporting Service (630) 983 -0030 I 4 1 MR. KENNY: Thank you, Mayor, members of 2 Council. My name is Bob Kenny, attorney for 3 Sexton Development. 4 As the mayor indicated, we're here 07:02PM 5 tonight for a public hearing on our annexation I 6 agreement. You might recall we were before you, I 7 believe it was July 24th of 2007 on this same 8 thing, public hearing for an annexation agreement. 9 We have been since that time working 07:03PM 10 on many aspects of the development from 11 engineering details to cost estimates for public 12 improvements. We've worked with a number of 13 different agencies, IDOT, the fire district, 14 obviously City staff, Plano School District. So 07:03PM 15 we have been busy working on a number of different 16 issues since we've last been before you. I think 17 we're towards the tail end of all of that planning 18 process and it was staff's recommendation that we I 19 come back for a public hearing again since time 07:03PM 20 has passed. 21 We are proposing approximately a 22 million square feet of commercial. This is just 23 west of the Kendall Marketplace Shopping Center. 24 North of our commercial we're proposing two unique Depo•Court Reporting Service (630) 983 -0030 5 1 residential neighborhoods. We're asking for a 2 business tax district to pay for some of the 3 improvements, things like the Route 34 4 improvement. 07:04PM 5 A number of your codes have changed 6 since we were last here, wetlands, signs, bank 7 regulations. We're complying with those codes and 8 we have been adapting our plans as those things 9 have been done. 07:04PM 10 We are certainly here to answer any 11 questions you have, but we're working towards -- 12 we have a meeting later this week with staff 13 hoping to fine -tune the annexation agreement 14 provisions and be on the EDC Committee on August 07:04PM 15 5th. That's our goal. 16 MAYOR BURD: Does anyone in the 17 audience, anyone have any questions or comments on 18 the PUD -- I mean, the annexation agreement? 19 Excuse me. 07:05PM 20 No questions or comments. So would 21 anyone on the City Council like to ask a question? 22 Alderman Werderich. 23 ALDERMAN WERDERICH: So I noticed on 24 this annexation agreement from the last time that Depo•Court Reporting Service (630) 983 -0030 6 1 it was brought before us that you've come down a 2 little bit on the density in regards to the two 3 residential areas. The last time you were before 4 us we kind of had a diagram as to how the 07:05PM 5 buildings were going to be laid out. With the 6 density less, do you have any idea of changes in 7 the building layout, or is that going to be the 8 same just with more space? If you can give me -- 9 MR. KENNY: We have not revised the 07:05PM 10 Concept Plan. I shouldn't say "the Concept Plan ". 11 The Concept Plan was not the plan with the layout 12 of the units. We have not revised that tentative 13 plan. We are showing on our plan the density that 14 we originally proposed. The staff has recommended 07:06PM 15 a lesser density, and that's one of the issues we 16 still need to work out. We have not lowered our 17 density request. 18 ALDERMAN WERDERICH: Okay. So the 19 density request is the same. I thought that it 07:06PM 20 had gone down just a little bit from the last time 21 that you were before us. 22 MR. DANIELS: I think it may have. 23 MR. KENNY: It hasn't -- let's put it 24 this way: It hasn't come down to what the staff Depo•Court Reporting Service (630) 983 -0030 7 1 is recommending. It probably came down some, and 2 I apologize, I don't remember where that was a 3 year ago, but -- 4 ALDERMAN WERDERICH: But, yeah, the -- 07:06PM 5 well, the zoning classification hasn't necessarily 6 changed but the unit requests, I had noticed a 7 change between the two documents that were put 8 together. 9 I guess expounding on that a little 10 bit in going through this, I just want to 11 reiterate that I'm very, very reluctant to bring 12 that amount of density into the city along with 13 this project, both the senior residences and the 14 club rental unit residences. 07:07PM 15 I mean, I suppose you could take 16 that for what it's worth and -- you know, when you 17 continue the negotiation process, but, I mean, at I 18 least that's where I stand as far as the City � 19 Council goes. 07:07PM 20 I had another question in regards to 21 the document here. There was a portion -- if I 22 could refer you to the last paragraph on -- it's 23 No. 4, the Concept Plan, which would be on page 5. 24 There is a -- actually, I apologize. It's No. 3, Depo•Court Reporting Service (630) 983 -0030 8 i i 1 C -3, which would be on page 5, which says that the 2 retail users shall be permitted fencing � 3 surrounding the outdoor sales area to be up to 20 4 feet high. Can you expound on that a little bit 07:08PM 5 for me? I mean, is that -- I'm kind of -- I'm 6 just going through stuff that -- 7 MR. KENNY: We don't have a tenant that 8 we are specifically asking for that relief from. 9 I can't point you to the Site Plan and say, we 07:08PM 10 have this tenant and this is where it will be. 11 We're asking for the ability to have that because 12 there are some tenants that we anticipate being on 13 the site who will be requiring that of us and of 14 the City, if I could put it to you that way. So 07:08PM 15 we're trying to take into account what we expect 16 to happen so that we have a plan that is 17 marketable to a tenant like that. But if that 18 tenant doesn't come that needs that, then it won't 19 be there. 07:08PM 20 ALDERMAN WERDERICH: What kind of a 21 tenant are you picturing that might need that? 22 Just a -- 23 MR. KENNY: Someone with an outdoor 24 facility, sales, like a Menard's -type of lawn and I Depo•Court Reporting Service (630) 983 -0030 9 1 garden, Home Depot that has plants, things like 2 that. 3 ALDERMAN WERDERICH: Okay, yeah, I think 4 I can follow that concept. 07:09PM 5 Okay. Moving right along. I did 6 have one other question. I just wanted to -- if 7 you could fill me in a little bit, fill the 8 Council in a bit as far as the plans for trails 9 going through this particular area. There is 07:09PM 10 quite a bit of trails that go through this i i 11 property, and I believe I saw in the documents 12 that there is a reference to some recommendations 13 that were made for the Parks and Rec, but I don't 14 think it took into consideration all of the trails 07:09PM 15 that are on our conceptual trail map. So can you 16 fill me in a little bit more about that? 17 MR. KENNY: The trail system that I 18 recall has a trail coming from the residential 19 portion at the northwest corner of the site with a 07:1OPM 20 creek crossing that would go north of the 21 commercial and south of the residential on the 22 northeast corner of the site meeting up with 23 Beecher Road, and I believe the trail goes down 24 Beecher. Depo•Court Reporting Service (630) 983 -0030 10 1 At one time there was a trail along 2 Route 34, but that trail along Route 34 is no 3 longer required by the Park District. So that 4 piece of it is not there, but those are the two 07:1OPM 5 major connection pieces, as I recall it. 6 ALDERMAN WERDERICH: Now, you said that 7 the one -- and I might have missed that. I 8 thought that I saw something on there about the 9 trail that runs along Route 34 there. 07:10PM 10 Perhaps, Dave, you can fill me in on 11 that, the -- what are the thoughts? 12 MR. KENNY: We were talking about the 13 bike trail, and it's what I had said, that the 14 bike trail along Route 34 -- 07:11PM 15 MR. MILLER: The Community Development 16 Department assists the Parks and Rec, and in 17 reviewing that earlier today, the regional trail 18 that's proposed in the City Plan is on the south 19 side of 34. However, that Trail Plan does 07:11PM 20 recommend alignment that would be parallel to Rob 21 Roy Creek on the property, as well as from the Rob I 22 Roy Creek on the north side of 34 heading 23 westward. 24 So the frontage of this property Depo•Court Reporting Service (630) 983 -0030 11 1 west of the Rob Roy Creek, which is a relatively 2 short portion of their frontage on 34, the Concept 3 Plan for the trail system does call for a trail 4 there, and that's in anticipation of a crossing 07:11PM 5 where this property entrance west of the creek I 6 aligns with the future Cobblestone Commons 7 entrance, which is south of 34. So recognizing 8 that that will likely be signalized and an 9 opportunity for a trail crossing. 07:11PM 10 Another opportunity that might be a 11 further stretch but we're looking into the 12 engineering, there could be a grade separation 13 crossing along the creek underneath 34. But 34 14 is -- there is not a lot of elevation change there 07:12PM 15 currently. So depending on the design of 34 and 16 the expansion, there is a slight chance of a 17 crossing, but the section to the north would serve 18 as a connection over to the Eldamain corridor and 19 permitting cyclists and use of the trail crossing 07:12PM 20 Eldamain and 34 which would anticipate to be a 21 much busier intersection. 22 ALDERMAN WERDERICH: Dave, just to get 23 back to you for a second, about half the trails 24 that are on the Conceptual Shared Uses Trail Map Depo•Court Reporting Service (630) 983 -0030 12 1 aren't included on this, or what was the logic 2 behind that? 3 MR. MOGLE: Are you talking about this 4 specific development? 07:12PM 5 ALDERMAN WERDERICH: Yes. 6 MR. MOGLE: The primary trail which acts 7 as a crossing over Rob Roy Creek and then connects 8 over to Beecher, the original -- originally the 9 original plots -- there are no plots. There are 10 no city plots in this complex, which then meant 11 that some of those trails that had maybe had 12 originally been talked about are not necessarily 13 parks. So the main trail is along 34 (inaudible). 14 ALDERMAN WERDERICH: Okay, now, just to 15 clarify in my mind now, on the Shared Uses Trail 16 Map, there is a proposed trail that runs along the 17 south side of Route 34 that wouldn't be on there, 18 and there is another trail that runs for a certain 19 portion, for lack of a better term to describe it, 20 kind of parallel to Route 34 but it's set back a 21 little bit, and that's one of them that's out, and 22 I guess I'm just looking at this from the 23 perspective of when -- approaching a project, as 24 to whether people will be able to put that trail Depo•Court Reporting Service (630) 983 -0030 i 13 1 in, and I'm not sure that those people across the 2 way want that trail. 3 MR. MOGLE: The trail on the south side 4 of 34 would run basically from -- or eventually 5 run from the Fox Hills subdivision south and from 6 there to the new Rush - Copley. 7 ALDERMAN WERDERICH: Okay. But are you 8 familiar with the portion of the trail that I'm 9 talking about that goes from Beecher to Rob Roy 10 Creek? 11 MR. MOGLE: You know, as I say, it's 12 something to be discussed. 13 ALDERMAN WERDERICH: Okay. I'll hold 14 off with you on that until later, but I just 15 wanted to ask some questions with all the 16 resources here. So I'll concede the floor for a 17 second if anybody else has anything. 18 MAYOR BURD: Does anyone else have any 19 questions? 20 Alderman Spears. 21 ALDERWOMAN SPEARS: I, too, share the 22 concern regarding density, and I'm hoping with 23 staff that you can lower your density. 24 MR. KENNY: Well, just to give you -- Depo•Court Reporting Service (630) 983 -0030 14 1 not in an attempt to negotiate but to explain why 2 we have the density we have, we're talking about 3 two what we consider to be unique residential 4 neighborhoods that are different than from a 5 standard single- family residential neighborhood 6 that has been planned in other parts of the 7 village. So because the products are different, 8' it's a mixed density. It's got multiple- family to 9 it. It has very small portion of single- family in 10 the Rob Roy Club area. There is, I think, one or 11 two cul -de -,sacs that have single- family, but the 12 rest is multiple- family, and it's because of that 13 mixed -use character that -- and the product that 14 is different than most of the other residential in 15 town that we're trying to attract, which is the 16 basis for that. 17 ALDERWOMAN SPEARS: I don't really think 18 our city needs more multifamily developments. I 19 think single- family would be appropriate in the 20 city at this time. We have multifamily throughout 21 the city. 22 MR. KENNY: Well, the product is 23 different than just your standard multiple- family. 24 We've got the Rob Roy Club that is a unique Depo•Court Reporting Service (630) 983 -0030 15 1 element in and of itself, and we have the senior 2 community on the west. So just in terms of a 3 response, that's why. But I hear your comment. I 4 understand. 5 ALDERWOMAN SPEARS: Okay. Thank you. 6 MR. DANIELS: One of the reasons we 7 were -- that is different is -- why it's so 8 different is it actually backs right up to 9 commercial, and that's a big concern. I mean, you 10 don't want the beautiful huge single- family home 11 backing right up against the commercial. 12 I've learned my lesson. I've got 45 13 town houses out in Wood Dale, and, you know, 14 you're actually talking about that 20 -foot fence. 15 I really wish I had that back there. 16 It's just -- you know what? The 17 commercial can look really good on the exterior. 18 I mean, looking at it from the front. But looking 19 at the back is a different situation. You've got 20 all the garbage Dumpsters back there, all the 21 semis pulling back there. It's not the most 22 desirable place for a single- family house. 23 So, I mean, that's basically -- with 24 that, with our land planner, what's the highest Depo•Court Reporting Service (630) 983 -0030 16 1 and best use? You guys have a ton of residential 2 products in the pipeline here, more than I think 3 or my team thinks that this city can handle for 4 right now. 5 I mean, the idea is what could go .l 6 out in Yorkville that would be different and that 7 would be marketable because I am getting killed in 8 other cities right now with town houses I've had 9 since 2005 or all single- family houses in Chicago 10 and whatnot, but, you know, Yorkville has a ton to 11 offer, and the product that we're hoping to bring 12 out here gives people more flexibility. 13 If they want a single- family house, 14 they have got a million places to look at here. 15 They really do. But this particular niche, it's 16 not here yet, and so I think that's why it's a 17 good idea for the senior housing with Rush - Copley 18 coming in and all that. 19 But, you know, it's something new. 20 It's different. I know that it not necessarily 21 applies to all of your densities, you know, 22 because it's not.the same as all the others. 23 So I think that's kind of where 24 we're at. We're kind of trying to figure it out. Depo•Court Reporting Service (630) 983 -0030 17 1 First and foremost is, what is the density needed 2 to make this thing work, and then after that it's 3 what is acceptable. 4 You know, according to your Comp. 5 Plan, it does show for higher density along these 6 commercial routes, and then set back further it 7 reduces it, but we haven't come to any conclusion, 8 but I just wanted to let you know that that's 9 where we're coming from. That's, I think, just to 10 elaborate on what Bob was saying. 11 ALDERWOMAN SPEARS: Correct me if I'm 12 wrong, but did I just hear you say that you're 13 going to have garbage dumps back there and you're 14 going to have trucks and everything else, so 15 single- family homes would not be desirable for 16 anybody, so you're going to throw in multifamily 17 homes that are -- what is the value of these 18 homes? What kind of people are you going to be 19 attracting there? 20 MR. DANIELS: No, it's the higher 21 density that usually in that case the price points 22 are lower. It's just what -- the way it -- 23 MR. GRAFF: Basically what we're trying 24 to develop here is a transitional -type Depo•Court Reporting Service (630) 983 -0030 18 1 neighborhood that generally compliments 2 commercial, along with the second layer for a 3 future Metra station that's on the proposed Comp. 4 Plan that's being discussed at the City. 5 To answer your question, the higher 6 density that we're asking for is providing us with i 7 more open space. If you look at the -- and we'll 8 bring back the plan and talk further at EDC. We 9 understand your concerns, but if we can have an 10 opportunity to display to you the reason why we're 11 asking for this density, concession, more or less, 12 that's not in your current code, keep an open mind 13 about that. There is a niche market that we're 14 seeing that's going to come down in 2012, 2022, 15 maintenance - free -type living, more urbanized -type 16 living is what they call it in small pockets, not 17 in large pockets. 18 We're talking about two 70 -acre 19 parcels here that have density at the high end of 20 5.8 units per acre, but it will have open space 21 amenities in there that we need to have the 22 separation for the commercial. 23 So we're going to put in some 24 attractive -- as you see with the detention pond Depo•Court Reporting Service (630) 983 -0030 19 1 for the one. Now we have a big separation from 2 the major commercial. 3 The smaller commercial, we have more I i 4 opportunity there to have less of an impact with 5 the trucks and the traffic behind here. 6 I was at a meeting the other day up 7 in Downers Grove where they put in a town 8 home /condo project and right next door is the new 9 post office, and even the people that live in the 10 condo project was talking about the delivery 11 trucks and everything coming in at 3:00 in the 12 morning at the post office. Nobody was 13 anticipating that. It was an older condo unit 14 that was reconverted and the people were saying, 15 boy, I wish we could have some type of buffering. 16 We're going to have enough footage 17 that separates it. We're going to try to separate 18 by having a higher density, a different product, 19 have a little more green space between the 20 commercial and there and transition to that. 21 But we'll come back and show you why 22 the density is there at the EDC Committee and try 23 to work with the City's requests on what you guys 24 are looking for. Depo•Court Reporting Service (630) 983 -0030 20 1 MR. DANIELS: Because of this project 2 I've got out in Wood Dale, we have an on -site 3 plan. We're estimating somewhere between a 15 and 4 a 20 -foot green berm behind the commercial and 5 then the lake behind that. So I've learned my 6 lesson. I think that it's live and learn, and 7 that was -- it's just something you don't think 8 about until it's actually there, and it's like, 9 oh, damn, I wish I would have thought of that one, 10 but that's where we kind of stand. 11 MAYOR BURD: Alderman Plocher. 12 ALDERMAN PLOCHER: I was just thinking 13 we have multifamily homes on the south side that 14 are now being leveled for more commercial, so I 15 would just keep that in mind with your density, 16 that they're not exactly the big hot topic right 17 now. 18 MAYOR BURD: Alderman Besco. 19 ALDERMAN BESCO: I understand that this 20 is a work -in- progress with staff, but I was 21 wondering if staff can give us an update on the 22 recapture for the Fox Hill water main and the Fox 23 Hill sanitary sewer. 24 MAYOR BURD: Travis. Depo•Court Reporting Service (630) 983 -0030 i 21 1 MR. MILLER: Not specifically beyond the 2 comments that are in the document. Frankly, those 3 comments were prepared mid last week for 4 preparation for tonight's public hearing, as 5 stated by the petitioner, in a meeting with them 6 on Thursday to go through some of these items. So 7 we're still working on that. 8 If there is a specific question 9 about that, we can try to answer it, but as far as 10 the staff's report, there is nothing to report 11 beyond what's reported in there. 12 ALDERMAN BESCO: Well, I knew that 13 situation existed and I was just wondering if it 14 had gotten any more detail, but -- i 15 MR. MILLER: No, there hasn't been any 16 more -- 17 ALDERMAN BESCO: So can we -- 18 MR. MILLER: -- communication with that 19 developer that holds that recapture agreement. 20 Certainly since the preparation of this report and 21 the last discussions, probably there is only a 22 few. 23 ALDERMAN BESCO: So we can look forward 24 to hearing about that at EDC or -- that's all. Depo•Court Reporting Service (630) 983 -0030 22 1 MAYOR BURD: Does anyone else have a 2 question? 3 Alderman Werderich. 4 ALDERMAN WERDERICH: If everybody else 5 is -- I just have one other question, and, again, 6 this is kind of a general question to ask with all 7 the resources here. There is kind of a land trade 8 in this where the City would have -- would trade 9 3.4 acres for 8 acres, which sounds like a good 10 trade, but I just -- can somebody -- do we already 11 own -- or are we expecting to get those 3.4 acres, 12 and what's the status of that? I mean, is that 13 something that we're assured of? 14 MR. MILLER: Based on the conversations 15 we've had with the adjacent developer we would be 16 getting that land from, it is in their best 17 interest, as well as the City's, as well as this 18 developer. 19 ALDERMAN WERDERICH: Okay. 20 MR. MILLER: What we're conceptualizing 21 is that their transaction will happen 22 simultaneously with a three -step transaction. So 23 that will be -- the steps of that transaction will 24 be part of this agreement and the approval Depo•Court Reporting Service (630) 983 -0030 23 1 agreement. 2 ALDERMAN WERDERICH: And the reason why 3 I ask is when you add one more party, it adds 4 another level of confusion, and I just wanted to 5 make sure that -- I 6 MR. MILLER: The benefit here is there 7 is a benefit to all three parties that are 8 engaging in this transaction. 9 ALDERMAN WERDERICH: Good. 10 MAYOR BURD: But we don't end up with 11 3.5 acres; right? I mean, that's the middle 12 piece. 13 MR. MILLER: We end up with 8, and that 14 would be the acreage at the northeast corner or at 15 least close to the acreage at the northeast corner 16 of this development (inaudible), and those 17 provisions and the agreement speak to an access to 18 that in the event that the city needs it, a 19 roadway access before this development 20 (inaudible). So if we -- 21 MAYOR BURD: I have a question. Does 22 this development give us any additional acreage, 23 because this eight acres is what we're actually 24 getting from the other developments; isn't that Depo•Court Reporting Service (630) 983 -0030 i 24 1 correct? 2 MR. MILLER: That's correct. It's a 3 transfer, but at the end of the day the net is the i 4 same acreage that we -- the City originally 5 obtained as part of our annexation or development 6 agreement. 7 MAYOR BURD: Right. So have we 8 negotiated any open space in this development that 9 would be for public buildings or any other -- 10 MR. MILLER: Well, there is a 2.6 -acre 11 contribution proposed to the fire district within 12 this agreement. The open space density issues 13 that we spoke of earlier all come into play with 14 this agreement. So, you know, it's not 15 necessarily an apples to apples agreement, as you 16 know, particularly with a development over 200 17 acres with mixed product and land use type that's I 18 going on here. It's a lot of moving parts, which 19 is one of the reasons it's taken a year for the 20 team to be working on this agreement. 21 And I concur with petitioner that, I 22 for the most part, conceptually the agreement is 23 near final form. The outstanding comments, I'm 24 confident over the next three weeks we'll be able Depo•Court Reporting Service (630) 983 -0030 25 1 to iron out the details, and I would suggest to 2 the petitioner a target date of August 5th for the 3 Economic Development Committee, and I'm confident 4 we'll be at that date with a near final agreement. 5 MAYOR BURD: I'd like to go back to the 6 (inaudible), but does anybody else have any other 7 questions? 8 Alderman Plocher. 9 ALDERMAN PLOCHER: Just one more. Is 10 the traffic signal still in discussion? 11 MR. KENNY: The traffic signal. Yeah, 12 there is an agreement that is an exhibit to the 13 annexation agreement that has been in -- basically 14 the language has been in place since last 15 November, but we've been moving forward under the 16 terms of that agreement, even though it's not 17 executed yet. 18 The intersection design study is 19 almost complete, we're told, from Beecher all the 20 way to Eldamain, so we have been moving forward 21 underneath that -- along the terms of that. So 22 that ought to be available. I can't tell you 23 exactly when, but we were told that the 24 information is almost complete. Depo•Court Reporting Service (630) 983 -0030 I 26 1 We're getting information from two 2 other developers incorporated into our plan so 3 that you'll have a complete study from Eldamain to 4 Beecher. 5 So when you're asking about the 6 status -- 7 ALDERMAN PLOCHER: Of the three -way that 8 we have to temporarily put up. 9 MR. KENNY: That's all -- that's all in 10 the exhibit, the agreement -- the Sycamore 11 intersection agreement. The terms of that have 12 been agreed to, and that all comes -- that all is 13 what I call one big package. 14 ALDERMAN PLOCHER: Do you agree with 15 that, Travis? 16 MR. MILLER: Yes. Although, the 17 exhibits, quite frankly, I haven't focused on, and 18 our staff, we've been more focusing on the 19 agreement itself. So over the next few weeks 20 we'll be going back to those exhibits and making 21 sure everything is in order. 22 But we did negotiate that Sycamore 23 agreement back in November or the latter part of 24 '07 and came very close to finalizing that Depo•Court Reporting Service (630) 983 -0030 27 1 agreement. The decision was made to proceed with 2 the annexation and go forward. 3 So, yes, it is on track and the I 4 temporary signal was constructed, so -- 5 MAYOR BURD: Any other questions? i 6 Well, thank you. I 7 MR. KENNY: Thank you very much. 8 MAYOR BURD: I would like to entertain a 9 motion to go out of the public hearing. 10 ALDERMAN GOLINSKI: So moved. 11 ALDERMAN WERDERICH: Second. 12 MAYOR BURD: All in favor? 13 (Body of ayes.) 14 MAYOR BURD: All opposed? 15 (Which were all the 16 proceedings had at the 17 public hearing portion of 18 the City Council 19 meeting.) 20 21 i 22 23 24 Depo•Court Reporting Service (630) 983 -0030 28 1 STATE OF ILLINOIS ) SS. 2 COUNTY K A N E ) 3 I, Teresa S. Grandchamp, a 4 Certified Shorthand Reporter, do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above - entitled cause and 7 that the foregoing Report of Proceedings is a 8 true, correct, and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid. 11 I further certify that my 12 certificate annexed hereto applies to the original 13 transcript and copies thereof, signed and 14 certified under my hand only. I assume no 15 responsibility for the accuracy of any reproduced 16 copies not made under my control or direction. 17 In testimony whereof, I have 18 hereunto set my hand this 17th day of July, A.D., 19 2008. 20 21 22 Teresa S. 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20:20 worth [q - 7:16 Y year [2[ - 7:3, 24:19 YORKVILLE [1) - 1:5 Yorkville [6[ - 1:14, 2:19, 3:16, 3:18, 16:6,16:10 Z zoning [2[ - 3:18, 7:5 I Depo•Court Reporting Service (630) 983 -0030